New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle C - Division of the Budget
Part 138 - Reimbursement Of Moving And Travel Expenses
Section 138.3 - Eligibility for reimbursement upon promotion

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]