POST DIFFERENTIAL

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP83-00156R001100020004-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 19, 2016
• Document Release Date: November 17, 2005
• Sequence Number: 4
• Publication Date: July 3, 1979
• Content Type: MF

ApprovVor Release 2005/12/14: CIA-RDP83 9 56RO01 100020004-0
OGC 79-06110
3 July 1979
MEMORANDUM FOR: Deputy Chief, Contract Personnel Division
Office of Personnel
STAT FROM
Assistant General Counsel
SUBJECT : Post Differential
REFERENCE : Memo to D,$P, from ADDO, Same Subject,
Undated
1. You have requested our views on the recommendation
contained in reference that the Agency pay post differential
retroactive to the date of arrival for all Agency employees
on extended TDY travel.
2. If accepted, this practice would be contrary to the
current provision of section 540 of the Standardized Regulations
(Government Civilians/Foreign Areas) which states:
To become eligible for post differential other
than that provided in section 533 while the employee
is absent from the post on detail he/she must have
served, during any one period of absence, 42 days
(sec. 511d) on detail at one or more differential
posts or places designated for non-foreign area
cost-of-living allowance) by the Civil Service Com-
mission in Ch. 591-FPR. No post differential other
than that provided in section 533 is authorized for
the period required to obtain eligibility. (See
STAT
3. The CIA Act of 1949, as amended, contains no specific
allowance authority. The Agency is therefore bound by the
general law in this area, The Overseas Differentials and
Allowances Act and the implementing regulations, promulgated
by the Secretary of State, unless one can invoke the Agency's
special authorities for circumstances which are extraordinary
or confidential in nature related to the unique mission of the
 Approved Foreease 2005/12/14: CIA-RDP83-0015601100020004-0
Agency. Payment in such circumstances would not be made under
the authority of the post differential section of the Standard-
ized Regulations (GC/FA), but as an exceptional administrative
or operational expense payable under the authority of Section 8
of the CIA Act of 1949, as amended. Whether a payment is
appropriate. under a particular circumstance, is a judgmental
question to be considered by the designated management official,
utilizing guidance from the Regulations and this Office.
4. Reference does not identify any cover, security or
unique Agency-associated factors which would support a conclu-
sion that use of the Agency's Section 8 authorities would be
necessary. Nor for that matter has the Department of State
determined that a revision of section 540 is required on purely
administrative grounds The STAT
SSA/DDA advises that this issue has been raised with the
Department of State and they are presently examining the 42-day
waiting period established in section 540.
Approved For Release 2005/12/14 :2CIA-RDP83-00156 R001100020004-0