Title 9 Part 138

Chapter 707 of the Laws of 1961 was enacted to reduce the financial burden on certain State employees transferred, reassigned or promoted for the convenience of the State by reimbursing them for basic expenses incurred in transporting themselves, their families and household effects to their new place of residence. It is not the policy of the State to reimburse employees for related expenses in relocation, such as selling and buying a house or renting temporary living quarters. For the purpose of reimbursement for moving and travel expenses, State officers and employees are deemed to be only those employed either by the legislative, executive or judicial branch of State government and paid directly by the State. For the purpose of determining eligibility for such reimbursement, the term “officer(s) of the New York State Police” shall include: lieutenants, lieutenants (BCI), captains and captains (BCI) and the term “member(s) of the New York State Police” shall include: troopers, corporals, sergeants, zone sergeants, technical sergeants, staff sergeants, chief technical sergeants, first sergeants, investigators and senior investigators. Persons employed by political subdivisions of the State or by public authorities are not to be considered as State employees for purposes of reimbursement, regardless of the fact that a portion of their compensation may be paid from State funds.

Employees shall not be eligible for reimbursement for expenses incurred in moving if:

Employees permanently promoted to full-time administrative, educational, professional, scientific or technical positions shall be eligible for reimbursement for approved moving and travel expenditures in accordance with the provisions of these regulations.

Division of the Budget Interpretation

The following is our interpretation of the rules governing reimbursement of moving and travel expenses insofar as they apply to provisional appointees. This interpretation is based on the premise that the basic reason for relocation is the achievement of permanent status notwithstanding that the actual physical move of household effects may pre-date that of permanent appointment.

Therefore, it is our opinion that an employee provisionally promoted to a position in another location which would otherwise qualify him for reimbursement for moving expenses should be reimbursed for such expenses, subject to the following conditions:

No reimbursement should be made until the provisional appointment becomes permanent.

On achieving permanent status, the employee could file a claim for reimbursement within one year of the date of permanent appointment.

If the employee elects to move at the time of provisional appointment, he should conform to the requirements of the rules with respect to obtaining competitive bids and receipted copies of bills of lading or freight bills and retain such material until he submits a claim for reimbursement after achieving permanent status.

If the employee elects to move his household effects only after achieving permanent status, he should be reimbursed for moving expenses at that time.

We believe this is a reasonable interpretation and is within the intent of the rules. [July 18, 1962]

In order to obtain reimbursement for moving and travel expenses, eligible employees shall file for such reimbursement, through their departments or agencies, with the Department of Audit and Control on forms prescribed by the State Comptroller. Such forms shall be accompanied by a receipted copy of the bill of lading or freight bill issued by the carrier showing the charges collected; copies of the three competitive bids in the event that a certified carrier is not used; a signed copy of the agreement executed by the employee pursuant to subdivision 3 of section 6-b of the State Finance Law, which provides for the repayment to the State for monies advanced if the employee voluntarily separates from his position.

It is the responsibility of the department or agency hiring the transferred, reassigned or promoted employee to enforce the provisions of subdivision 3 of section 6-b of the State Finance Law. In the event that an employee resigns or voluntarily separates within one year of transfer, reassignment or promotion, other than for reasons of promotion as specified in subdivision 3 of section 6-b of the State Finance Law, the department or agency shall collect from the employee monies advanced for moving and travel expenses and transmit such monies to the State treasurer in accordance with the provisions of section 121 of the State Finance Law. When such monies cannot be collected by the department or agency within three months following separation, the claim shall be transferred to the Attorney-General who shall take whatever action is necessary to collect the monies advanced.

The restrictions and limitations of these regulations may be waived pursuant to provisions of law by the Director of the Budget if he determines in advance that such restrictions and limitations would result in an unusual and unavoidable hardship for the employee being transferred, reassigned or promoted.