Reimbursement for Relocation Expenses - Authorization Generally

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Notwithstanding any law, rule, or regulation to the contrary, a state department may reimburse an employee of state government for expenses incurred for transportation of household goods and expenses incident to a change of residence from one part of the state to another as a result of an action of the state department requiring such relocation when such action is in the best interest of the department; provided, however, that the Department of Economic Development may also reimburse an employee of that department for transportation of household goods and expenses incident to a change of residence to a foreign country as a result of an action of that department requiring such relocation when such action is in the best interest of that department.

(Ga. L. 1973, p. 708, § 1; Ga. L. 1981, p. 429, § 1; Ga. L. 1989, p. 1641, § 12; Ga. L. 2004, p. 690, § 17.)

Editor's notes.

- Ga. L. 1989, p. 1641, § 18, not codified by the General Assembly, provides that: "In the event of any substantive conflict between this Act and any other Act of the 1989 General Assembly, such other Act shall control over this Act."

OPINIONS OF THE ATTORNEY GENERAL

O.C.G.A.

§ 45-7-22 covers expenses of transfers both to and from foreign countries. - Under O.C.G.A. § 45-7-22 the General Assembly intended to pay both moving expenses for employee when the employee is transferred to a foreign country and again when the employee is transferred back and each transfer is a separate move. 1981 Op. Att'y Gen. No. 81-42.

Employee may be required to commit to remain employed for one year after move.

- Department of Industry and Trade [now Department of Industry, Trade, and Tourism] is authorized to pay reasonable moving expenses for its employees who are transferred at convenience of department to a foreign country for both move to foreign country and for move back to Georgia so long as employee signs written commitment to remain in employ of department for at least one year after a reimbursable move. 1981 Op. Att'y Gen. No. 81-42.

Unauthorized procedure for reimbursement of expenses.

- A "per diem allowance" of $20.00 per day to public officers and employees against relocation expenses is not a reimbursement of expenses incurred, as provided for in O.C.G.A. § 45-7-22, and consequently such a procedure is not authorized by the underlying statutory authority. 1973 Op. Att'y Gen. No. 73-115.

Reimbursement of expenses of moving a mobile home.

- While the cost of moving a mobile home may not be reimbursed as an expense incident to a change of residence, the Office of Planning and Budget has the authority to determine whether the expense of moving a mobile home as an adjunct to moving household goods is normal and reasonable and, if it finds it is, to establish rules authorizing the reimbursement of expenses so incurred. 1973 Op. Att'y Gen. No. 73-171.

RESEARCH REFERENCES

Am. Jur. 2d.

- 63C Am. Jur. 2d, Public Officers and Employees, § 287 et seq.

C.J.S.

- 67 C.J.S., Officers and Public Employees, § 388.


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