U.S. Department of State - Great Seal

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Frequently Asked Questions on Evacuation

2. Q: Do all US Government agencies subscribe, follow or adhere to the DSSR on evacuations?

3. Q: How are Members of Household (MOHs) of U.S. direct hire employees affected during an evacuation?

4. Q: Who is responsible for travel costs of Members of Household (MOHs)?

5. Q: Where can I find more information on evacuation guidelines for U.S. citizens and other persons for whom the U.S. Government may have a responsibility?

6. Q: Do Members of Household (MOHs) have to leave during an evacuation?

7. Q: What happens if a Member of Household (MOH) is occupying USG housing - would s/he be required to vacate the house?

8. Q: At what age do children become ineligible for evacuation-related payments under DSSR 600?
 

10. Q: May an evacuated employee choose to accompany family members to their safehaven point prior to the employee reporting for work at the official safehaven (Washington, D.C. or other U.S. locations as determined by the employee’s agency)?

11. Q: May an evacuated employee accompany EFMs to their official safehaven if they are unable to travel alone due to special needs or minor age?

12. Q: What benefits are available for those going to an alternate foreign safehaven?

13. Q: May previously evacuated eligible family members (EFMs) join the employee at his or her official safehaven?

14. Q: May an employee and eligible family member (EFM) children take an authorized departure from post while the employee’s spouse or domestic partner remains at post for professional reasons?

15. Q: May an eligible family member (EFM) on educational travel or “away from post” education allowance, travel to the safehaven following evacuation of a post?

16. Q: Do newly assigned employees/eligible family members (EFMs) not yet arrived at the post qualify for evacuation benefits under DSSR Chapter 600?

 
SUBSISTENCE EXPENSE ALLOWANCE (SEA) AND ADVANCE PAYMENTS

17. Q:
When do Subsistence Expense Allowance (SEA) benefits commence for evacuees?

18. Q: What is the maximum time period an employee may receive SEA payments?

19. Q: What happens to an employee’s allowances  and differentials during the period of SEA payments?

20. Q: Do SEA payments stop while an evacuated employee is on temporary duty (TDY)? What happens to the employee’s evacuated eligible family members (EFMs)?

21. Q: When an employee is evacuated after eligible family members (EFMs) have been evacuated at an earlier date, is the employee entitled to SEA under DSSR 632.1, at the full amount for the first evacuee or at the amount for an additional family member?

22. Q: May employees and EFMs on home leave or on R&R receive SEA payments?

23. Q: If Permanent Change of Station (PCS) travel orders have been issued prior to an employee/EFM's evacuation orders, which orders take precedence?

24. Q: What if EFMs have been evacuated and the employee later joins the evacuated family on a different type of travel order such as R&R or home leave?

25. Q: How is it determined whether the commercial or non-commercial rate for SEA applies, and can an employee draw SEA at the commercial rate and EFMs draw SEA at the non-commercial rate?

26. Q: If the family composition requires more than one hotel room or larger quarters is there flexibility to allow reimbursement above the commercial rate maximum of 100% of the lodging portion of the safehaven?

27. Q: What if I have a special family composition not included as one of the five listed in the previous question?

28. Q: Upon termination of an evacuation order, is there a grace period for continuation of SEA until the day an evacuee returns to post? What if the employee is being transferred and not returning to post?

29. Q: Is my nanny or caregiver eligible for SEA?

30. Q: Is there any other provision under the evacuation payments if I need further help with unexpected expenses related to evacuation?

31. Q: What work assignments may an employee expect while on evacuation?

32. Q: An evacuated employee was assigned TDY to another post directly from the evacuated post. When are post differentials terminated and initiated in this situation provided the losing and the gaining posts grant them?

33. Q: An evacuated employee was assigned to the Department and was receiving SEA payments. Subsequently the employee was assigned TDY to a post that has a differential. When will the employee’s SEA be terminated and the differential payments initiated?

 
 
 

37. Q: What if this authorized UAB shipment cannot be arranged at the time of the employee’s and EFMs’ evacuation departure?

38. Q: If an employee receives the above allowance, is the employee entitled to ship UAB back to post upon the termination of evacuation?

39. Q: If an employee ships UAB for an EFM to the U.S. safehaven, may UAB be shipped from the U.S. safehaven to the employee’s next duty station where the EFM rejoins the employee?

40. Q: A spouse or domestic partner of an employee is considered as emergency personnel and works in an EFM position at an Embassy that is on ordered departure. When the evacuation terminates and the post becomes unaccompanied, the EFM position is to be abolished and the spouse must then leave post for safehaven in the U.S. Under what kind of orders may the spouse or domestic partner travel, and what allowances may be granted?

41. Q: After an evacuation terminates and the post becomes unaccompanied, what benefits are available to EFMs? For example, an employee’s EFMs want to move from their safehaven in Washington, DC to an alternate involuntary SMA location in the U.S. What allowances may be granted the employee for the family members?

42. Q: After a period of time, if an unaccompanied post is declared accompanied and the employee’s EFMs want to return to post, what allowances may be granted the employee?

43. Q: After an evacuation terminates and EFMs may return to post, an employee requests that EFMs remain at the safehaven site for two months before returning to post. What allowances may be granted an employee whose EFMs remain at the safehaven on voluntary SMA under the exception at DSSR 264.2(2)?

44. Q: An employee is evacuated from post leaving a pet behind to be cared for by servants or friends. While at safehaven in Washington, DC and assigned to the Department the employee’s tour was curtailed. The employee went on home leave and then proceeded to a newly assigned overseas post on PCS. The employee wants to send the pet to the new post. May this shipment be done at government expense?


EDUCATION

46. Q: Does the "away from post" education allowance continue during the evacuation period?

47. Q: May an EFM on educational travel or “away from post” education allowance, travel to the safehaven following evacuation of a post?

48. Q: May an EFM student travel at government expense from the student’s safehaven site (the student’s school is located in the U.S. to the home leave address of the employee to join the family on home leave?

49. Q: During an evacuation, EFM students at “away from post" schools (boarding schools) continue to receive the “away from post” education allowance until the end of the school year, but do not receive SEA during the spring school break. When the school term ends, what options are available for students?

50. Q: What options are available to boarding school students on “away from post” education allowance who would normally be permitted to travel back to post during an evacuation? May they travel to the safehaven at government expense? What are their options should the evacuation terminate and they wish to return to post for the summer break?

51. Q: What options are available to college students who would normally be eligible for educational travel during an evacuation? The safehaven normally replaces the post for computing educational travel, but is it permissible to delay using educational travel to post in anticipation of the imminent termination of evacuation and thus retain the option of the EFM student returning to post during the summer break?

52. Q: An employee is assigned to an unaccompanied post. The employee’s EFM student, age 18, is enrolled in college but cannot visit the employee using educational travel. In these circumstances, may the employee receive involuntary SMA for the EFM student?

53. Q: Some families have EFM students in boarding school and/or college in different locations that in addition terminate the school term on different dates. Must all family members proceed to the same safehaven site or may EFMs of the same family declare different and separate safehaven sites? If they are permitted to travel to different safehaven sites, what is the basis for the MIE payments?

 
 
 
 
62. Q: Once TSMA is terminated what options remain for the employee?

63. Q: What other allowances are available once TSMA terminates and the post is declared unaccompanied?

64. Q: May an employee receive TSMA for EFMs who have been evacuated to an alternate approved foreign safehaven?

66. Q: An employee is to be reassigned within a month after the termination of evacuation orders. May his EFMs living in the U.S. receive TSMA for this period?

SEPARATE MAINTENANCE ALLOWANCES (SMA)

67. Q: At what age must voluntary SMA terminate for a dependent child?

68. Q: If an employee’s spouse or domestic partner is in Washington, D.C. on voluntary SMA and the employee is evacuated from post to the safehaven site of Washington, D.C., is SMA terminated?

69. Q: At what age must involuntary SMA terminate for a dependent child?

70. Q: If an eligible family member on SMA travels to the post at personal expense will the Department assume any responsibility in the case of an emergency involving the EFM?

71. Q: When an employee receiving SMA is transferred to another post does the SMA automatically continue?

73. Q: Who may officially authorize approval or disapproval of an employee’s SMA request?

75. Q: Is an employee’s EFM student eligible to receive educational travel while on SMA?

76. Q: Is an employee’s EFM student eligible to receive an education allowance while on involuntary SMA?

77. Q: The spouse or domestic partner of an employee at a foreign post is residing in the U.S. on SMA. When the employee leaves (transfers from) post the SMA will be terminated. How much Home Service Transfer Allowance is the employee eligible to receive? Further, should the subsistence portion of this allowance include the spouse or domestic partner as well?

SINGLE PARENTS / MARRIED COUPLE EMPLOYEES / DOMESTIC PARTNERSHIP EMPLOYEES 

78. Q: If a single parent employee is assigned to a position designated by the post as an “emergency” position will the employee’s children be evacuated when ordered departure for EFMs is declared? If so, what allowances will the EFM children receive?

79. Q: When married couple employees or domestic partnership employees depart post on evacuation orders, how are their SEA payments determined?

80. Q: In the case of married couple employees or domestic partnership employees with EFM children and only one parent being evacuated, on whose orders should the evacuated children be placed?

81. Q: How do married couple employees or domestic partnership employees evacuated to the same official safehaven submit their receipts under the commercial rate formula for lodging?

82. Q: May POVs be shipped from the post to the safehaven point at government expense?

83. Q: May an employee have access to HHE while on evacuation status?

84. Q: If an employee does not ship UAB from post during an evacuation and subsequently receives the airfreight replacement allowance, may the employee ship UAB back to post after the evacuation?

85. Q: What if an employee is assigned to a new post, but all personal effects remain at evacuated post?

86. Q: What should an employee do if personal property has been lost or damaged at post?

87. Q: What is the maximum amount that may be claimed for lost and damaged personal property?

88. Q: Who should the employee contact to begin this claims procedure?

TERMINATION OF EVACUATION

89. Q: What is the period of validity for evacuation orders?

90. Q: How are SEA payments and travel vouchers administered at the termination of an evacuation period?

91. Q: What happens if an evacuation ends and an employee is liable for paying a lease penalty?

92. Q: If families are separated for the convenience of the government, why are all of our housing expenses not covered like they would be at post?

93. Q: If the post allows only spouses or domestic partners (or spouses or domestic partners and children under 5), but a spouse or domestic partner cannot go because there are children (or older children), is the employee then eligible for ISMA?

94. Q: What happens if the family has been on ISMA and the post status changes back to accompanied, but because we are in the middle of the school year it is not advisable for the family to move? Can the employee continue to receive ISMA, or does it shift back to voluntary?  If it shifts to voluntary, do I need to fill in another SF-1190?

95. Q: If a family member fails to get a medical clearance, is the employee eligible for involuntary SMA? Is there a reporting requirement with regard to the medical condition? Do you have to continue to demonstrate the medical need for ISMA? If there is no longer justification for a medical ISMA, would the EFM still be eligible for voluntary SMA?

 

97. Q: What support is available to families on involuntary separation?

98. Q: How does ISMA relate to travel of separated families?

TSMA & EVACUATION

 

102. Q: Are the TSMA amounts different for days 61 through 90?

103. Q: Is TSMA taxable?

104. Q: What if I get some of our furniture from storage and also have some of our HHE shipped. Would I still be eligible for TSMA after I get the items from storage, but until the HHE arrives?

105. Q: How do you know when my “complete” HHE has arrived?

 

107. Q: Once TSMA is terminated, what are my options?

108. Q: Is there anything else available following termination of TSMA?

109. Q: What if my family is at an alternate approved foreign safehaven at the end of the evacuation. Can I get TSMA for my family members in the foreign area?

110. Q: Can you give me examples of non-commercial quarters?

111. Q: I understand you’re not supposed to receive regular SMA unless you will be in that status for at least 90 days. I expect my spouse or domestic partner to be reassigned in a month or so. Am I still eligible for TSMA?

1. Q: What is the difference between an authorized departure and an ordered departure?

A: Authorized departure merely allows the Chief of Mission greater flexibility in determining which employees or groups of employees may depart, and avoids any negative connotation that might be attached to the use of the term “evacuation.” Since the law uses the terms synonymously, there is no difference in benefits now in application of the regulations. Note: Once the Under Secretary of State for Management (“M”) approves the evacuation status for post—either authorized or ordered—the 180-day clock “begins ticking” (by law, an evacuation cannot last longer than 180 days).

2. Q: Do all US Government agencies subscribe, follow or adhere to the DSSR on evacuations?

A: In accordance with DSSR 645 all civilian agencies have agreed to implement the regulations. In order to ensure fair and consistent treatment of all evacuees, any agency that proposes to deviate from DSSR Chapter 600 must seek Secretary of State approval.

Uniformed military personnel and their dependents are covered separately under the Department of Defense Joint Federal Travel Regulations.

3. Q: How are Members of Household (MOHs) of U.S. direct hire employees affected during an evacuation?

A: MOHs who are U.S. citizens are provided the same evacuation assistance as private American citizens. The “no double standard” policy requires private American citizens be given the same evacuation opportunities/assistance as official Americans. It is the Department of State policy to make available to private Americans any evacuation option planned for the official USG community, when appropriate and feasible. MOHs who are not U.S. citizens are also rendered evacuation assistance, either to the U.S. if documented for entry or otherwise eligible to enter as determined by the post, with assistance from Immigration and Customs Enforcement as necessary, or to a third country if documented or otherwise determined to be eligible for entry.

4. Q: Who is responsible for travel costs of Members of Household (MOHs)?

A: MOHs are personally responsible for their travel costs. As a general rule, the U.S. Government does not provide funds for evacuating persons other than U.S. Government employees and eligible family members.

5. Q: Where can I find more information on evacuation guidelines for U.S. citizens and other persons for whom the U.S. Government may have a responsibility?

A: The Overseas Citizens Services, Bureau of Consular Affairs provides assistance for U.S. citizens living abroad. You can contact them on the internet at http://www.travel.state.gov.

6. Q: Do Members of Household (MOHs) have to leave during an evacuation?

A: No. The Chief of Mission (COM) cannot order the departure of MOHs or other private U.S. citizens.

7. What happens if a Member of Household (MOH) is occupying USG housing - would s/he be required to vacate the house?

A: If the Chief of Mission (COM) feels that the presence of MOHs in post housing could impact post security resources or otherwise affect post operations, then the COM can direct the employee to move MOHs out of that housing.
8. Q: At what age do children become ineligible for evacuation-related payments under DSSR 600?

           A:
Allowances eligibility for children usually ends when they reach age 21. Evacuation-related payments under DSSR 600 are no exception to this rule. The definition of "children" found at DSSR 040m under "Family" governs their eligibility for foreign allowances except when waived or modified in specific DSSR sections that follow 040. DSSR 600 contains no such waiver or modification. 

9. Q: How does an eligible family member (EFM) select an official safehaven and what is the subsistence expense allowance (SEA) based on?

A: The Under Secretary for Management ("M") consistently designates the United States (the 50 United States and the District of Columbia) as the official safehaven location.  Although there is a provision in the DSSR to designate a foreign or non-foreign location, outside the U.S., as the official safehaven, this is rarely if ever done (DSSR 610l). An EFM evacuee should select an official U.S. safehaven, (any of the 50 United States or the District of Columbia) based on where he/she anticipates spending the longest time—such as where children may go to school or where family/ friends reside. Although an evacuee is not required to remain at the official U.S. safehaven, any SEA payments will be based on the per diem rate of the official safehaven location. An official safehaven location (in the U.S) for EFMs may be changed once during an evacuation and SEA payments will then be based on the new official U.S. safehaven. However, any change in safehaven location is at the evacuee’s personal expense, except when previously evacuated EFMs are allowed to rejoin their evacuated sponsor (the employee) in Washington, DC (or wherever his/her work assignment location is during evacuation). Be sure to notify the appropriate evacuee locator and accounting offices of any change in address.

10. Q: May an evacuated employee choose to accompany family members to their safehaven point prior to the employee reporting for work at the official safehaven (Washington, D.C. or other U.S. locations as determined by the employee’s agency)?

A: Either the post or appropriate bureau or agency head determines whether an employee must report directly to the official safehaven and if any annual leave is authorized. However, the employee’s travel at government expense will be cost constructive not to exceed the cost of travel from the post to Washington, D.C. (or other U.S. locations as instructed by the employee’s agency, per DSSR 631a.(1)). The employee is not eligible for SEA until he/she arrives at the official safehaven.

11. Q: May an evacuated employee accompany EFMs to their official safehaven if they are unable to travel alone due to special needs or minor age?

A: In accordance with agency travel regulations, an employee or other adult escort (e.g. friend, nanny, other evacuee) may accompany EFMs unable to travel alone to their official U.S. safehaven and receive reimbursement for travel expenses. When an employee elects to have an escort accompany EFMs to their official U.S. safehaven, the escort’s travel will be on a cost constructive basis calculated from the evacuated post to the U.S. duty station.

12. Q: What benefits are available for those going to an alternate foreign safehaven?

A: Benefits are only available if the alternate foreign safehaven is approved as in the best interest of the U.S. Government by the Under Secretary of State for Management (“M”) following endorsement by the head of agency or designee on behalf of the agency employee’s eligible family members (EFMs). The only benefits are cost constructive travel (not to exceed the cost of travel between the evacuated post and the U.S. duty station) under DSSR 631a(1), and limited SEA, based on the lowest of three per diem rates: the official safehaven,  the alternate approved safehaven, or the standard CONUS, under DSSR 632.2b. No education allowance of any type can be authorized, nor are any diplomatic immunities, privileges, or services available at an alternate approved safehaven.

13. Q: May previously evacuated eligible family members (EFMs) join the employee at his or her official safehaven?

A: Yes, EFMs evacuated to a U.S. or authorized foreign safehaven may be permitted to rejoin the employee subsequently evacuated to a U.S. duty station. Transportation costs would be at U.S. Government expense for the family members from their official U.S. safehaven to the employee’s U.S. duty station. EFM travel from an alternate approved safehaven to the employee’s official U.S. duty station will be on a cost constructive basis not to exceed the cost of travel from the evacuated post to the U.S. duty station (DSSR 631a(1)).

14. Q: May an employee and eligible family member (EFM) children take an authorized departure from post while the employee’s spouse or domestic partner remains at post for professional reasons?

A: Yes, an employee and EFM children may be granted an authorized departure from post upon approval of the Chief of Mission, per DSSR 610j. If they were married couple employees or domestic partnership employees, the employee’s spouse or domestic partner would not be required to evacuate. If the employee’s spouse or domestic partner is a locally hired employee at the Mission or is otherwise employed outside the Mission the spouse or domestic partner would not be required to evacuate, for example, if the employee’s spouse was employed as a teacher in an international school.

15. Q: May an eligible family member (EFM) on educational travel or “away from post” education allowance, travel to the safehaven following evacuation of a post?

A: Yes. Either the official or alternate foreign safehaven location displaces the foreign post of assignment for travel purposes under education allowance and educational travel as provided in DSSR 633.2 and DSSR 633.4, respectively. Note: Payment of subsistence expense allowance (SEA) is not allowed for children on “away from post” education allowance (DSSR 633.2). Payment of SEA is allowed for children under educational travel only when they are at the safehaven and only for children unmarried and under 21 (see definition of child in DSSR 040m(2)).

16. Q: Do newly assigned employees/eligible family members (EFMs) not yet arrived at the post qualify for evacuation benefits under DSSR Chapter 600?

A: Under the evacuation benefits law, only employees and dependents who are temporarily away from their foreign post of assignment at the time of the evacuation order are eligible for evacuation benefits if prohibited from returning. However, under the transfer allowance authority, DSSR 245 does allow equivalent benefits to certain newly assigned personnel who are prohibited from proceeding to post. These equivalent benefits provide for SEA payments as well as justified grace periods needed to return to post at the end of an evacuation, and the lease penalty payment.

To qualify for these equivalent benefits the following three criteria must be met on the date of the ordered/authorized departure:

(1) the employee’s transfer orders had been issued;
(2) on the date of the ordered/authorized departure order the employee must have been within 60 days of scheduled departure to the new post; and
(3) either (a) the employee’s HHE had already been packed out and the employee’s residence had been vacated; or (b) the employee transferring from a post in the U.S. has an irrevocable contractual agreement for lease or sale of his or her residence; or (c) the employee has transferred from a foreign post with direct transfer orders (i.e. no home leave, or equivalent, prior to reporting to the new foreign post) and is required by post to vacate residence quarters.

If all three criteria are not met, EFMs are eligible for only Involuntary Separate Maintenance Allowance under DSSR 262.1.

SUBSISTENCE EXPENSE ALLOWANCE (SEA) AND ADVANCE PAYMENTS

17. Q: When do Subsistence Expense Allowance (SEA) benefits commence for evacuees?

A: (1) U.S. Safehaven: SEA benefits will commence from the day following arrival at the official safehaven location, per DSSR 632. No SEA will be paid for travel enroute to official safehaven location.

(2) Alternate Approved Safehaven (outside the U.S.): If an alternate foreign safehaven is approved prior to the EFMs evacuation, SEA benefits will commence from the day following arrival at the approved alternate safehaven location. If an alternate safehaven is approved after evacuees have arrived at that location, SEA will commence no earlier than the date the Department received the request for the alternate safehaven. If the request for an alternate safehaven is denied, no SEA is authorized until the evacuee arrives at the authorized safehaven.

18. Q: What is the maximum time period an employee may receive SEA payments?

A: Evacuation status is authorized by the Under Secretary of State for Management in 30-day increments, up to a maximum of 180 days, per DSSR 623f.

19. Q: What happens to an employee’s allowances  and differentials during the period of SEA payments?

A: Post differential and post allowances terminate as of the close of business on the day an employee commences travel under orders for emergency evacuation, per DSSR 621.2(a) and (f). “School at post” education allowance terminates without financial penalty, per DSSR 621.2(d)(1). “School away from post” education allowance may continue until the end of the school year, per DSSR 621.2(d)(2). Employees should check their earnings and leave statements for differential and allowance payments that should have been terminated. The employee is responsible for refunding any overpayments. (Refer to DSSR 532e. for termination of post differential in those cases when the employee is away from post on detail or leave and his or her departure from post is ordered.)

20. Q: Do SEA payments stop while an evacuated employee is on temporary duty (TDY)? What happens to the employee’s evacuated eligible family members (EFMs)?

A: To meet the needs of the service, employees in evacuation status may be assigned TDY to another location. However, during the TDY period, when the employee is receiving TDY per diem, the payment of SEA for the individual is suspended, per DSSR 635(a). SEA may be resumed when the TDY ends.

If there are EFMs of this employee in evacuation status, one family member receiving SEA becomes the first evacuee and thus receives lodging per diem. The family is not disadvantaged since the total SEA benefit package is reduced by only one MI&E allowance when the employee departs on TDY status.

21. Q: When an employee is evacuated after eligible family members (EFMs) have been evacuated at an earlier date, is the employee entitled to SEA under DSSR 632.1, at the full amount for the first evacuee or at the amount for an additional family member?

A: When the employee is evacuated later than EFMs, the employee may be treated as the first evacuee or simply as an additional family member. The DSSR allows for eligible family member(s) and the employee to be at different safehaven locations, however, there can be only one “first evacuee” under the formula (whether commercial or non-commercial) at any given point in time. Note: For reimbursement for larger quarters, only family members residing with the first evacuee at his/her safehaven are counted for this special consideration.

22. Q: May employees and EFMs on home leave or on R&R receive SEA payments?

A: Employees and EFMs cannot receive SEA while on home leave or in R&R status per DSSR 632.4(a). If away from post at the time of the evacuation order, the employee either must return to post or declare his/her intention to do so before any family member can qualify for evacuation benefits. Transportation may be authorized to the official safehaven location. SEA may not commence for evacuees until each arrives at the authorized safehaven and providing the employee has commenced official travel to the duty station (either to safehaven or return to post). Determination of the exact date may also in some circumstances depend on the date the employee or EFMs members were officially due to return to post.

23. Q: If Permanent Change of Station (PCS) travel orders have been issued prior to an employee/EFM's evacuation orders, which orders take precedence?

A: PCS travel orders always take precedence over any other type of travel orders, including evacuation orders. An evacuee’s travel should therefore be charged to his/her PCS orders. An evacuee may, however, be eligible to receive SEA benefits if the evacuation occurs prior to his/her originally scheduled PCS travel. When EFMs depart post under evacuation orders, and the employee subsequently departs post under PCS orders, all evacuation benefits will cease for EFMs when the employee’s PCS travel begins.

24. Q: What if EFMs have been evacuated and the employee later joins the evacuated family on a different type of travel order such as R&R or home leave?

A: Employees cannot receive SEA. However, SEA continues for family members previously evacuated per DSSR 632.4.

25. Q: How is it determined whether the commercial or non-commercial rate for SEA applies, and can an employee draw SEA at the commercial rate and EFMs draw SEA at the non-commercial rate?

A: Commercial or non-commercial applies to the type of lodging the “first evacuee” occupies. Per DSSR 632.1, “There can only be one ‘first evacuee’ at any given time, except as per DSSR 632.4(b) (‘Married Couple Employees or Domestic Partnership Employees’)”. Only the first evacuee (this may be the employee or eligible family member) is reimbursed for up to 100 percent (or up to 150 percent for special family compositions) of the lodging portion of the per diem rate for his/her safehaven location. All other eligible family members get only a percentage of the meal and incidental expense portion of the per diem rate of the first evacuee’s safehaven location. If the first evacuee submits a commercial lodging receipt, then the commercial rate formula applies. If a commercial lodging receipt is not submitted, then the non-commercial rate formula applies. Both formulas are shown in a separate document entitled, “ Evacuation Payments Worksheet (EPW)”, in DSSR 960. Note: If evacuees stay in commercial lodging that does not include furniture and/or cost of utilities, these additional costs may be reimbursed as part of lodging (receipts must be submitted with lodging receipts).

26. Q: If the family composition requires more than one hotel room or larger quarters is there flexibility to allow reimbursement above the commercial rate maximum of 100% of the lodging portion of the safehaven?

A: The first evacuee may be reimbursed up to 50% above the lodging maximum when using the commercial rate, per DSSR 632.1(b). Special consideration is given to the following family compositions: (1) First evacuee plus one (non-spouse or non-domestic-partner family member, age 18 and older); (2) First evacuee plus one (non-spouse or non-domestic-partner family member of opposite gender, age 12 and over); (3) First evacuee plus two (one non-spouse or non-domestic-partner family member, age 18 and older; or one non-spouse or non-domestic-partner family member, opposite gender, age 12 and older); (4) First evacuee plus three (one non-spouse or non-domestic-partner family member, age 12 and over); and (5) First evacuee plus four or more family members.

27. Q: What if I have a special family composition not included as one of the five listed in the previous question?

A: Requests for other special family considerations should be submitted through your agency to the Director, Office of Allowances (A/OPR/ALS), U.S. Department of State, Washington, D.C. 20522-0103, per DSSR 632.1(b).

28. Q: Upon termination of an evacuation order, is there a grace period for continuation of SEA until the day an evacuee returns to post? What if the employee is being transferred and not returning to post?

A: Upon termination of an evacuation order, an employee or EFM will continue to receive SEA for an automatic grace period of three (3) days except when the full 180 days has expired, per DSSR 635. For the employee not returning to post, only the three (3) days are allowed as long as he/she has not commenced travel under an assignment order to another duty location. For employees/family members returning to the evacuated post, an additional seven (7) days may be authorized due to transportation delays. Evacuees must provide a statement on their travel voucher justifying the additional seven (7) days required to arrange for return travel to post, such as airline reservations and air freight pick up. Other reasons of a personal nature do not qualify the evacuee for SEA for the additional days. Under no circumstance can SEA payments be made to exceed the 180-day "clock".

29. Q: Is my nanny or caregiver eligible for SEA?

A: Unless the nanny or caregiver is an eligible family member (EFM), the answer is “no.” However, he/she may be the designated representative (DSSR 610f) who is named by an employee for the purpose of caring for, escorting, or receiving monetary payments on behalf of an EFM.

30. Q: Is there any other provision under the evacuation payments if I need further help with unexpected expenses related to evacuation?

A: Yes. Per DSSR 615, an employee may be paid in advance of the normal payday when, in the judgment of the authorizing officer, payment is required to help defray the immediate expenses incident to an evacuation. The advance payment shall be for a maximum of 30 days based on the rate of compensation including any allowances or post differential the employee was entitled to immediately prior to the evacuation order. The advance payment may be made at any time after the date the evacuation has been ordered but no later than 30 days after this date.

31. Q: What work assignments may an employee expect while on evacuation?

A: Evacuated employees may be assigned to perform any work considered necessary or required to be performed during the evacuation period, per DSSR 625.1. Failure or refusal to perform assigned work may be a basis for terminating further evacuation payments and taking disciplinary action, per DSSR 625.2.

32. Q: An evacuated employee was assigned TDY to another post directly from the evacuated post. When are post differentials terminated and initiated in this situation provided the losing and the gaining posts grant them?

A: Per DSSR 532a(3), the Post Differential terminates for the employee's permanent post the day he/she departs on emergency evacuation orders.  The employee will receive the post differential until evacuated from his/her permanent post. The employee will receive the post differential for the TDY post commencing with the 43rd day at post. The employee will not receive SEA payments because the employee has not been evacuated to a safehaven site.

33. Q: An evacuated employee was assigned to the Department and was receiving SEA payments. Subsequently the employee was assigned TDY to a post that has a differential. When will the employee’s SEA be terminated and the differential payments initiated?

A: The employee’s SEA payments are terminated at the time of departure from Washington, D.C. to the TDY post. The employee will receive the TDY post’s differential commencing FROM the 43rd day at this post unless the employee is at a DSSR 920 footnote "N" post for the first 42 consecutive (NOT cumulative) days of detail.  If that pertains, then once the 42 days consecutive are obtained, a look back to day one is allowed and all 42 days are paid.

34. Q: When are SEA payments terminated?

A: Entitlement to SEA payments ends on the earliest of the following dates, per DSSR 635:

  • the date the employee commences travel under an assignment order to another duty station outside the evacuation area;
  • the effective date of transfer when the employee is already at the post to which transferred;
  • the date of separation;
  • the date specified by the head of agency;
  • 180 days after the evacuation order is issued; or
  • the date the evacuee commences return travel to post.
When a departure (evacuation) order is terminated and evacuees are allowed to return to post, entitlement to SEA payments ends on the day that return to post is authorized. Normally a grace period of three, not to exceed ten days, is granted during which SEA may continue to be paid while an evacuee is making arrangements to return to post. The grace period taken must be justified on the employee’s travel voucher (i.e. that the extra days were necessary to arrange return to post). SEA payments are limited to 180 days, the grace period included.

35. Q: What happens after an evacuation has terminated and the post becomes unaccompanied, meaning family members can no longer go to post?

A: Employees whose EFMs have been in temporary commercial lodging should apply for Transitional Separate Maintenance Allowance. Employees whose EFMs have been in non-commercial lodging should apply for Involuntary SMA. In lieu of Involuntary SMA for children in grades K-12, employees may consider the “away from post” education allowance option (see DSSR 276.23 for details). Remember that since SMA payments cannot be made retroactively, the employee should make every effort to submit Standard Form (SF-1190) before the evacuation ends in order to take advantage of these benefits.

TRAVEL ALLOWANCES

36. Q: Are evacuated employees and/or family members granted unaccompanied air baggage (UAB) for their departure from post?

A: Yes, Department of State employees/EFMS are allowed UAB, per 14 FAM 613.3-1, as follows: First person traveling (employee), 250 lbs.; second person traveling, 200 lbs.; third person traveling 150 lbs.; fourth or more persons traveling 100 lbs. Employees of other agencies should consult their applicable travel regulations for agency-specific weight allowances.

37. Q: What if this authorized UAB shipment cannot be arranged at the time of the employee’s and EFMs’ evacuation departure?

A: For Department of State employees: in lieu of an airfreight allowance from post, an airfreight replacement allowance may be granted to help defray costs of items normally part of the authorized airfreight shipment that must be purchased at the safehaven location.

The flat rates are:

  • first evacuee without family: $250;
  • first evacuee with one family member: $450;
  • first evacuee with two or more family members: $600.
No receipts are required for this allowance, per DSSR 631a.(3). Note that the maximum airfreight replacement allowance is $600, while the maximum UAB allowance could exceed 600 lbs., depending on family size. Employees of other agencies should consult their applicable travel regulations for airfreight allowances in this situation.

38. Q: If an employee receives the above allowance, is the employee entitled to ship UAB back to post upon the termination of evacuation?

A: Yes, the standard UAB shipment weights cited above apply, per DSSR 631a.(3). Employees of other agencies should consult their applicable travel regulations for airfreight allowances in this situation.

39. Q: If an employee ships UAB for an EFM to the U.S. safehaven, may UAB be shipped from the U.S. safehaven to the employee’s next duty station where the EFM rejoins the employee?

A: Yes. However, the UAB is shipped using the employee’s PCS orders, not the evacuation orders. Total weight of UAB shipped from the safehaven to the next post and from the employee’s current duty station to the next post may not exceed the UAB weight authorized on the PCS orders. Employees of other agencies should consult their applicable travel regulations for airfreight allowances in this situation.

40. Q: A spouse or domestic partner of an employee is considered as emergency personnel and works in an EFM position at an Embassy that is on ordered departure. When the evacuation terminates and the post becomes unaccompanied, the EFM position is to be abolished and the spouse or domestic partner must then leave post for safehaven in the U.S. Under what kind of orders may the spouse or domestic partner travel, and what allowances may be granted?

A: The spouse or domestic partner travels under evacuation orders to the involuntary SMA location, per DSSR 264.1. The employee may receive involuntary SMA commencing the day after the spouse or domestic partner arrives in the U.S. The spouse or domestic partner is not entitled to transitional separate maintenance allowance (TSMA) because the spouse or domestic partner did not leave post during the evacuation and did not receive SEA payments.

41. Q: After an evacuation terminates and the post becomes unaccompanied, what benefits are available to EFMs? For example, an employee’s EFMs want to move from their safehaven in Washington, DC to an alternate involuntary SMA location in the U.S. What allowances may be granted the employee for the family members?

A: For the Department of State, Human Resources (HR) will fund the EFMs’ travel from the safehaven (in this case Washington, DC) to the involuntary SMA location and will issue SMA orders that designate Washington, D.C. as the alternate point of origin to the SMA location, per DSSR 264.1. The EFMs may ship their evacuation UAB to this location and may access their HHE at government expense.  Employees of other agencies should check with appropriate officials within your agency for guidance.

42. Q: After a period of time, if an unaccompanied post is declared accompanied and the employee’s EFMs want to return to post, what allowances may be granted the employee?

A: For the Department of State, Human Resources (HR) will fund the EFMs’ travel back to post, provided the return to post is prior to the employee’s final 90 days before PCS, per DSSR 264.2(2).  Employees of other agencies should check with appropriate officials within your agency for guidance.

43. Q: After an evacuation terminates and EFMs may return to post, an employee requests that EFMs remain at the safehaven site for two months before returning to post. What allowances may be granted an employee whose EFMs remain at the safehaven on voluntary SMA under the exception at DSSR 264.2(2)?

A: Following termination of an authorize/ordered departure an employee may elect voluntary SMA at the official safehaven for eligible family members previously eligible for SEA payments under DSSR Chapter 600 and for whom round-trip travel expenses have already been authorized.  The employee may be permitted to then terminate this voluntary SMA and these eligible family members may be permitted to return to post provided return travel to post does not occur during the employee's last 90 days at a post of assignment.  No additional expenses for travel, access to goods in storage, shipment of household effects or other such SMA-related expenditures may be incurred on their behalf.  Note this election of voluntary SMA does not count as the "one change of election during a tour of duty" as normal voluntary SMA would.

44. Q: An employee is evacuated from post leaving a pet behind to be cared for by servants or friends. While at safehaven in Washington, DC and assigned to the Department the employee’s tour was curtailed. The employee went on home leave and then proceeded to a newly assigned overseas post on PCS. The employee wants to send the pet to the new post. May this shipment be done at government expense?

A: Shipping a pet is the employee’s responsibility, so this expense is not covered by transfer orders. However, the cost of shipping a pet may be claimed under the miscellaneous expense portion of the Foreign Transfer Allowance. The maximum amount of reimbursement for all allowable expenses without receipts is $650 for an employee without family and $1,300 for an employee with family. Greater amounts, up to one or two weeks of the employee’s salary at the time of entrance on duty at the new post, may be granted with receipts or other acceptable evidence justifying the amount claimed for expenses. The current maximum is one or two weeks of the employee's salary or that of a GS-13, step 10, whichever is less. Costs in excess of these maximums are considered personal expenses that may be claimed, in some cases, as moving expenses for income tax purposes.

EDUCATION ALLOWANCES
45. Q: Are any other special education benefits available to evacuees and their families?

A: Usually education allowances are not granted for children evacuated from post to a safehaven in the U.S. if accompanied by a parent. However, if prior to evacuation, a child was attending school in the U.S and was receiving the “away from post” education allowance, the rate authorized for the evacuated post may continue for the remainder of the school year, per DSSR 633.2. There is no entitlement for SEA payments for children on “away from post” education allowance.

46. Q: Does the "away from post" education allowance continue during the evacuation period?

A: The education allowance continues until the end of the current school year and the safehaven location replaces the foreign post of assignment as the destination for travel within the education allowance. No payment of SEA is authorized for any period of time covered by the “away from post” education allowance (DSSR 633.2).

47. Q: May an EFM on educational travel or “away from post” education allowance, travel to the safehaven following evacuation of a post?

A: Yes. The safehaven location replaces the foreign post of assignment for travel purposes under education allowance and educational travel as established in DSSR 633.2 and DSSR 633.4. Note: Payment of SEA is not allowed for children on “away from post” education allowance (DSSR 633.2). Payment of SEA is allowed for children under educational travel only when they are at the safehaven and only for children unmarried and less than 21 years old. (“Child” is defined in DSSR 271g for education allowance and DSSR 281d for educational travel.)

48. Q: May an EFM student travel at government expense from the student’s safehaven site (the student’s school is located in the U.S. to the home leave address of the employee to join the family on home leave?

A: Yes, this travel is authorized, per DSSR 284. The EFM student would have been on the home leave orders of the employee had the student been able to return to post, a return that was precluded owing to the evacuation.

49. Q: During an evacuation, EFM students at “away from post" schools (boarding schools) continue to receive the “away from post” education allowance until the end of the school year, but do not receive SEA during the spring school break. When the school term ends, what options are available for students?

A: After the school year ends, the students may travel to a safehaven location using the remaining travel monies from the “away from post” education allowance. They may then begin receiving evacuation payments (SEA). The reason is that if the evacuation continues into the succeeding school year, students would not be eligible for an education allowance when the new school year begins. However, the employee may pay any required deposit or tuition payment for the first semester of this school year from personal funds with the understanding the employee risks not receiving reimbursement for this expenditure.

Should the evacuation terminate during the school year and EFMs are permitted to return to post, the Office of Allowances within the U.S. Department of State will update the “at post” and “away from post” education allowances which could subsequently be used to fund educational expenses for that school year (assuming the EFMs met the requirements of DSSR 270). Posts may not pay a deposit or down payment for tuition payment for the succeeding school year while the post is in authorized or ordered departure status.

If after termination of the evacuation, the post is declared “unaccompanied”, and there is no natural or adoptive parent residing in the United States, then the student is permitted to use the “away from post” education allowance to attend boarding school in the U.S., per DSSR 276.23 and DSSR 276.3. See DSSR 276.3 for exceptions and restrictions.

50. Q: What options are available to boarding school students on “away from post” education allowance who would normally be permitted to travel back to post during an evacuation? May they travel to the safehaven at government expense? What are their options should the evacuation terminate and they wish to return to post for the summer break?

A: If there is no parent already evacuated to the U.S., the employee may designate a relative’s or other adult’s residence, or the city in which the boarding school is located, as the safehaven. The employee has the option of paying for travel from the boarding school to the safehaven location from personal funds and thereby “save” the remaining travel monies of the “away from post” education allowance for later use in the event the evacuation terminates and EFMs are permitted to return to post. Please refer to the question/answer 5 above regarding the options available should the evacuation continue into the succeeding school year.

51. Q: What options are available to college students who would normally be eligible for educational travel during an evacuation? The safehaven normally replaces the post for computing educational travel, but is it permissible to delay using educational travel to post in anticipation of the imminent termination of evacuation and thus retain the option of the EFM student returning to post during the summer break?

A: If there is no parent evacuated to the U.S., the employee may designate a relative’s or other adult’s address or the city in which the college or university is located as the safehaven, per DSSR 610 l. The student, if under the age of 21, may begin receiving SEA payments after the student arrives at the safehaven. Parents have the option of paying for travel from the educational institution to the safehaven location themselves, thereby retaining the educational travel trip for later in the summer in the event the evacuation terminates and the post becomes accompanied again. If a student is already living in an off-campus apartment or similar housing at the end of the school year, then this accommodation will not be considered commercial lodging for purposes of SEA payments.

52. Q: An employee is assigned to an unaccompanied post. The employee’s EFM student, age 18, is enrolled in college but cannot visit the employee using educational travel. In these circumstances, may the employee receive involuntary SMA for the EFM student?

A: Yes, the employee may receive involuntary SMA in lieu of educational travel in this instance, until the EFM student becomes 21 years of age.

53. Q: Some families have EFM students in boarding school and/or college in different locations that in addition terminate the school term on different dates. Must all family members proceed to the same safehaven site or may EFMs of the same family declare different and separate safehaven sites? If they are permitted to travel to different safehaven sites, what is the basis for the M&IE payments?

A: EFMs are not required to travel to the same safehaven site. They may travel to alternate safehaven sites either in or outside of the US, per DSSR 631a.(1). However, there can be only one authorized first evacuee, so the employee must designate one EFM as that evacuee, per DSSR 632.1. Travel of all other EFMs to alternate safehaven sites is calculated on a cost-construct basis using the safehaven of the first evacuee as the basis for this cost calculation. Lodging, if applicable, and M&IE payments are based on the rates established for the first evacuee.

54. Q: At the termination of an evacuation and a declaration that EFMs may return to post, an employee’s EFMs nonetheless wish to remain in the U.S. so that the EFMs students may complete the final term of the current school year. What allowances may be granted the employee?

A: If the EFMs are residing in commercial quarters, the employee may receive a maximum of 90 days of Transitional SMA (TSMA) to allow the EFM students to complete the final semester of the school year, per DSSR 262.3b. If the EFMs are residing in non-commercial quarters, the employee may be granted Voluntary SMA (VSMA). However, EFMs may not return to post if, at the end of the school year, the employee is within 90 days of PCS.

TRANSITIONAL SEPARATE MAINTENANCE ALLOWANCES (TSMA)

55. Q: An employee returns to the on evacuation orders to join his previously evacuated family two weeks before the end of the 180-day evacuation period. At the end of the 180-day evacuation period, the employee’s post is declared “unaccompanied.” At this time the employee takes two weeks of annual leave and then returns to post. May the employee receive TSMA on behalf of this family for the two weeks following the termination of the evacuation, even though the family was not separated?

A: Yes, TSMA may be granted for this period because the employee was maintaining quarters at the post during this temporary absence from post, per DSSR 265.3. TSMA in this case would be for the purpose of “transitioning “ the family from commercial quarters occupied during the evacuation to permanent quarters because the post has been declared “unaccompanied”, per DSSR 262.3a.

56. Q: An employee’s EFMs were evacuated six months ago and have been living in a furnished apartment. The evacuation has been terminated and the post is declared as "unaccompanied". The EFMs would like to move to a less expensive rental house. Is this move permissible while still retaining TSMA eligibility?

A: Yes, this move is permissible provided that the less expensive commercially leased rental house is a “transition” residence prior to occupying permanent quarters. However, if this less expensive rental house is intended to be a permanent residence then the employee may not receive TSMA, but may receive involuntary SMA, per DSSR 262.3a.

57. Q: After an employee’s EFMs move into a permanent residence are they still eligible to receive TSMA until they receive their full HHE shipment?

A: TSMA payments terminate the earliest of the dates that are set forth in DSSR 266.4, i.e. (a) the date the employee commences travel under transfer orders from the evacuated post or the date of transfer if no travel is to occur under the transfer orders; (b) the final day of the authorized period of the TSMA; (c) the date the complete HHE shipment is received by the employee’s EFMs; (d) the date the EFMs occupy non-commercial quarters; (e) the date EFMs occupy permanent quarters.

If the employee’s EFMs move into a permanent residence before they receive their full HHE shipment then their TSMA will terminate before they receive that shipment. Alternately, if they receive their full HHE shipment before occupying permanent quarters TSMA will terminate on the date they receive that shipment.

58. Q: An employee ships some HHE from post to EFMs on TSMA in the U.S. If the HHE does not arrive within 60 days may TSMA be extended beyond this period?

A: Usually TSMA under DSSR 262.3a may be paid for a maximum of 60 days, but an additional 30 days may be allowed, with agency approval based on extreme or unusual circumstances, per DSSR 267.1b.(2). The employee at post should submit an SF-1190 (Rev. 07/2009) to the appropriate agency official before the end of the 60-day period to request an extension of TSMA payments for the additional 30 days. An example of “extreme or unusual circumstances” would be a situation in which the employee made reasonable efforts to ship the HHE to his EFMs in the U.S. but the shipment did not arrive in this time period.

59. Q: What are the TSMA rates?

A: TSMA rates are now "pegged to" the standard CONUS per diem rate, currently $123 for meals and lodging together. The rates for days 1–30 are $123/day for 1-2 family members and $143/day for 3 or more family members; for days 31-60 $92.25/day for 1-2 family members and $107.25/day for 3 or more family members; for days 61-90 $61.50/day for 1- 2 family members and $71.50/day for 3 or more family members. (Note: These TSMA amounts are daily maximums for lodging and meals together; the portion limits of true per diem, such as the standard CONUS per diem's $77 for lodging and $46 for meals and incidentals, don't apply here.)

60. Q: Is TSMA taxable?

A: No, TSMA is not subject to federal or state income taxes, per DSSR 054.1.

61. Q: How are TSMA payments initiated, received, and then terminated?

A: An employee submits a SF-1190 (Rev. 07/2009) that is processed and approved, per DSSR 264.3. Payments are made to the employee by payroll and continue until the employee submits a SF-1190 requesting termination of the allowance. The employee should submit this termination notice upon the initial occurrence of any of the following events, per DSSR 266.4: (a) the date the employee commences travel under transfer orders from the evacuated post or the date of transfer if no travel is to occur under the transfer orders; (b) the final day of the authorized period of the TSMA; (c) the date the complete HHE shipment is received by the employee’s family members; (d) the date the family members occupy non-commercial quarters; (e) the date the family members occupy permanent quarters.

62. Q: Once TSMA is terminated what options remain for the employee?

A: The employee may submit an SF-1190 to the appropriate agency requesting involuntary SMA for each family member and specifying in box #18 of the SF-1190 the reason for the request; namely, that the post is unaccompanied and travel to post has been denied to the employee’s family members, per DSSR 264.1. An employee’s minor family members are covered by involuntary SMA until the age of 21 (age 18 for voluntary SMA with the exception of those over 18 who are in secondary school). Involuntary SMA is paid according to the following rates: $6,000 for one child; $9,900 for 2 or more children; $11,300 for one adult; $15,300 for one adult and one additional family member; $17,300 for one adult and two or three family members; and $20,200 for one adult and four or more additional family members, per DSSR 267.1a.
63. Q: What other allowances are available once TSMA terminates and the post is declared unaccompanied?

A: If the employee has EFM students in grades K through 12 then the employee may request either involuntary SMA or the applicable “away from post” education allowance. The applicable “away from post” education allowance is that specified for the employee’s post of assignment, per DSSR 276.23. The “away from post” education allowance option may be chosen unless child is going to school in the U.S. and the parent (natural, adoptive, or step) resides in the U.S. also (rare exceptions noted at DSSR 276.3). If this is the case, the employee is not eligible for the “away from post” education allowance.  The logic is that the child could live with the parent and attend public school free of charge.  This same prohibition does not apply if the child is going to school in a foreign country and the parent resides in the same foreign country because school wouldn't be free in the foreign country as in the U.S.  The only restriction on the "away from post" education allowance when a child is going to school in a foreign country is at DSSR 277.2.    Room and board could not be paid to the parent if the child lived with that parent outside the U.S. (rare exceptions noted at DSSR 277.2).

64. Q: May an employee receive TSMA for EFMs who have been evacuated to an alternate approved foreign safehaven?

A: EFMs are eligible to receive TSMA, per DSSR 264.3, if they are occupying temporary commercial quarters, per DSSR 264.3. They are not eligible for TSMA if they are residing in non-commercial quarters. If they are not eligible for TSMA they may be eligible for either involuntary SMA or “away from post” education allowance (see the previous Q&As on this topic).

Note: EFMs are officially considered to be residing in the U.S. on involuntary SMA. However, the employee may request that the alternate approved foreign safehaven of the EFMs be designated as the official involuntary SMA site. If this request is approved by the appropriate agency official an education allowance may be paid for eligible EFM students unless they have traveled to a school under the educational travel authority within the previous 12 months (DSSR 262.5). (Department of State employees should make this request to the Executive Director of the appropriate regional bureau.)

65. Q: What constitutes “non-commercial” quarters?

A: “Non-commercial” quarters are those that are not commercially leased or rented. Employees and EFMs living with family, friends, etc. would be considered living in “non-commercial” quarters, per DSSR 632.1.

66. Q: An employee is to be reassigned within a month after the termination of evacuation orders. May his EFMs living in the U.S. receive TSMA for this period?

A: The employee’s EFMs are eligible for TSMA while they reside in temporary commercial quarters. However, if the employee is expecting to be transferred to the U.S. within a month the subsistence expense portion of the Home Service Transfer Allowance (HSTA) may provide  a better benefit for the employee than the TSMA. If TSMA is approved, EFMs will not be eligible for the HSTA unless “official transportation was authorized permitting those family members to join the employee at the new post of assignment in the U.S. , per DSSR 252.8.

SEPARATE MAINTENANCE ALLOWANCES (SMA)

67. Q: At what age must voluntary SMA terminate for a dependent child?

A: Voluntary SMA must be terminated on a child’s 18th birthday, unless the child is attending secondary school or is determined to be incapable of self-support (due to physical or mental impairment), per DSSR 264.2(1)c.

68. Q: If an employee’s spouse or domestic partner is in Washington, D.C. on voluntary SMA and the employee is evacuated from post to the safehaven site of Washington, D.C., is SMA terminated?

A: The SMA is not terminated.  When the employee is evacuated, it is considered a temporary absence from post.  Per DSSR 265.3 the grant shall continue during the absence of the employee from the post provided the employee maintains quarters at the post, unless terminated under the provisions of DSSR 266.2 or 266.3 (Transfer or Separation).

69. Q: At what age must involuntary SMA terminate for a dependent child?

A: Involuntary SMA must be terminated on a child’s 21st birthday, unless the child is determined to be incapable of self-support (due to physical or mental impairment), per DSSR 267.1a. A child who is in post-secondary school/college and not currently working is not considered to be incapable of self-support.

70. Q: If an eligible family member on SMA travels to the post at personal expense will the Department assume any responsibility in the case of an emergency involving the EFM?

A: When an EFM travels to the employee’s post at personal expense, the family member is considered a private citizen visiting the country. As such, that family member is not eligible for any allowances or benefits paid on behalf of family members of USG civilian employees, including any medical emergency evacuation travel, per DSSR 261.2. However, if the employee has not previously used the one change of option per tour (voluntary SMA), the employee might be permitted to do so once an emergency arises.

71. Q: When an employee receiving SMA is transferred to another post does the SMA automatically continue?

A: When an employee is transferred, SMA must be terminated, per DSSR 266.2. The employee must then elect to apply for SMA at the new post or have family members included on the travel orders (if an accompanied post).

72. Q: Following the termination of evacuation, may an employee’s EFMs remain at their safehaven on voluntary SMA and then return to post later?

A: Following termination of an authorized or ordered departure an employee may be elect voluntary SMA at the official safehaven for the EFMs previously eligible for SEA payments and for whom round-trip travel expenses have already been authorized, per DSSR 262.2. However, an EFM who has been living in an official overseas safehaven and wishes to remain there must reaffirm that this location meets Department of State security standards. The employee may be permitted to terminate this voluntary SMA and EFMs may be permitted to return to post provided return travel to post does not occur during the employee’s final 90 days at post, per DSSR 264.2(2). This SMA is not to be considered the “one change of option” during a tour of duty.

73. Q: Who may officially authorize approval or disapproval of an employee’s SMA request?

A: Employees must check with their agencies for officials who are authorized to approve/disapprove SMA.  Within the foreign affairs agencies, the following officials are authorized to approve SMA requests for their respective agencies (see 3 FAM 3232 and 3FAH-1 H3232.2 for additional instructions):

State Department--Executive Director of the appropriate bureau
U.S. Agency for International Development (USAID) --See ADS 477  
USDA--FAS -- Director, International Services Staff
Department of Commerce--Director, Office of Foreign Service Human Resources

Only the following officials can disapprove SMA applications for their respective foreign affairs agencies:

State Department--Deputy Assistant Secretary for Human Resources
USAID--See ADS 477
USDA--FAS -- Deputy Administrator, Foreign Agricultural Affairs
Department of Commerce--the Director General or Appropriate Secretarial Officer.

74. Q: What procedure must an employee follow in submitting an SMA request?

A: The employee must complete and sign the SF-1190 (Rev. 07/2009) that contains a statement certifying the veracity of the request. Employees from agencies other than State should contact their respective headquarters for guidance.  If an employee is requesting SMA on behalf of a spouse or domestic partner, the spouse or domestic partner must also sign the SF-1190 so that the spouse or domestic partner is aware of the request for SMA on his/her behalf.

75. Q: Is an employee’s EFM student eligible to receive educational travel while on SMA?

A: No. When EFM students are on voluntary SMA they are not eligible for other allowances, including educational travel.

76. Q: Is an employee’s EFM student eligible to receive an education allowance while on involuntary SMA?

A: If a foreign area is designated as the official SMA (involuntary) location, an EFM student may be eligible for an education allowance, per DSSR 262.5. Unless specifically designated otherwise by the head of agency, EFMs on SMA (voluntary) are considered to be officially residing in the U.S. and can attend U.S. public schools free of charge. However, if SMA is granted for the convenience of the government (involuntary) and a foreign area is designated as the official SMA location, the EFM student authorized to reside at that location may be authorized an education allowance within the applicable “away from post” education allowance established in the regulations at post unless the child has traveled under the Educational Travel authority within the previous 12 months.

77. Q: The spouse or domestic partner of an employee at a foreign post is residing in the U.S. on SMA. When the employee leaves (transfers from) post the SMA will be terminated. How much Home Service Transfer Allowance is the employee eligible to receive? Further, should the subsistence portion of this allowance include the spouse or domestic partner as well?

A: Family members for whom a SMA was authorized while the employee was posted in a foreign area are not considered members of the family for computing the Home Service Transfer Allowance unless official transportation was authorized permitting those family members to join the employee at the new post of assignment in the U.S., per DSSR 252.8. Therefore in this case the employee is granted a Home Service Transfer Allowance as a single employee, not as one with EFMs.

SINGLE PARENTS / TANDEM COUPLES

78. Q: If a single parent employee is assigned to a position designated by the post as an “emergency” position will the employee’s children be evacuated when ordered departure for EFMs is declared? If so, what allowances will the EFM children receive?

A: Yes, the EFM children will be evacuated. They will be eligible for the customary evacuation benefits, per DSSR 630. If there is a single child, this child would be considered as the “first” evacuee of the family unit and would receive SEA based on the safehaven’s per diem rate, including the actual lodging charge up to the lodging limit. If there are other children evacuated they would receive a percentage of the safehaven’s locality M&IE rate according to the formulas set forth in DSSR 632.1.

79. Q: When married couple employees or domestic partnership employees depart post on evacuation orders, how are their SEA payments determined?

A: Employees will each receive evacuation benefits not to exceed an employee’s eligibility, but without duplication of benefits for family members on their orders. Both employees are considered to be the first evacuee, per DSSR 632.1. (This is based on married couple employees' or domestic partnership employees' eligibility for all other allowances, including transfer allowances and temporary lodging, on a per person employee basis. However, only 50% of the lodging allowance is granted if the employees are sharing lodging.)

80. Q: In the case of married couple employees or domestic partnership employees with EFM children and only one parent being evacuated, on whose orders should the evacuated children be placed?

A: EFM children of married couple employees or domestic partnership employees should be placed on the evacuating employee/parent’s orders, per DSSR 610j.

81. Q: How do married couple employees or domestic partnership employees evacuated to the same official safehaven submit their receipts under the commercial rate formula for lodging?

A: Provided the evacuated employees are residing in the same commercial quarters, they should submit their vouchers together. Reimbursement would be granted as "first evacuee" to each for lodging (one-half of the commercial lodging charge for each if sharing quarters) as well as M&IE, per DSSR 632.1(b).

SHIPMENTS AND PROPERTY CLAIMS

82. Q: May POVs be shipped from the post to the safehaven point at government expense?

A: No, POV shipments are not authorized, per 631b. However, a safehaven transportation allowance of $25 per day is authorized. No receipts are required.

83. Q: May an employee have access to HHE while on evacuation status?

A: Access to, delivery and return to storage of household effects for evacuees is at personal expense, not Government expense, per DSSR 631b.

84. Q: If an employee does not ship UAB from post during an evacuation and subsequently receives the airfreight replacement allowance, may the employee ship UAB back to post after the evacuation?

A: Yes. The airfreight replacement allowance is only in place of the UAB from post, per DSSR 631a.(3).

85. Q: What if an employee is assigned to a new post, but all personal effects remain at evacuated post?

A: If the household effects (HHE), unaccompanied air baggage (UAB), or privately owned vehicle (POV) are packed out, they will be shipped as soon as it is possible to do so. If the employee is not present at post, the post’s Management section will be responsible for packing and shipping the employee’s effects.

86. Q: What should an employee do if personal property has been lost or damaged at post?

A: The employee may file a claim with the government for loss or damage of property, but not until such time that the post verifies the loss. The claim is filed through the employee’s agency. Foreign Affairs Agency (State, USAID, FAS, FCS, APHIS) personnel must complete Form DS 1620, “Claims for Loss of or Damage to Private Personal Property.” The Management Officer at post files an investigative report. A cable from post verifying the loss or damage may be acceptable. If possible, the employee should present travel orders, inventory, receipts, and bills of lading. If not possible, the employee should file the claim with whatever information is available.

87. Q: What is the maximum amount that may be claimed for lost and damaged personal property?

A: There is a maximum amount for certain categories of items claimed, with a total maximum amount of $100,000 for damages sustained during an evacuation. It is essential to carry personal loss insurance and to keep this insurance current for even if the employee’s private insurance company refuses to pay (owing, for example, to acts of war) and the USG becomes the primary insurer, the Department’s claims office will rely on the insurance valuation when assessing the employee’s claim.

88. Q: Who should the employee contact to begin this claims procedure?

A: Department of State employees should contact the Transportation and Travel Management Division Claims Section (A/LM/OPS/TTM/CL), room 1245, HST, as follows:

Joan Padilla, team leader, tel. # 202-736-7061 PadillaJoanD@state.gov
Carolyn Baker, tel. # 202-736-7154 BakerCP@state.gov
Jewel Woodard, tel. #202-736-7156 WoodardJD@state.gov

TERMINATION OF EVACUATION

89. Q: What is the period of validity for evacuation orders?

A: Under normal circumstances, evacuation orders are valid for up to nine months from date of issuance. However, if an employee still at post is reassigned to another post, evacuated family members are not allowed return travel within 30 days of reassignment.

90. Q: How are SEA payments and travel vouchers administered at the termination of an evacuation period?

A: For SEA payments: For Department of State employees, Resource Management (RM) will provide a miscellaneous obligation document (MOD), which summarizes evacuation payments. The evacuee must certify this document "as is," or with modifications and returned to: RM/GFS/DFS/FO/A, SA-15, Room 5000, Washington, DC 22209) with appropriate documentation of changes within 10 days. Evacuees should provide justification for any time between the termination of the evacuation and initiation of return travel to post. Justification includes making necessary travel arrangements. Documentation is essential so that RM can complete the final audit of SEA payments.

For travel payments: For Department of State, evacuees returning to post should file their travel vouchers with the post budget officer. The post computes the travel vouchers based on current per-diem rates and forwards them to RM for certification of payment. Evacuees who are not returning to post should file their vouchers with their regional bureau. These vouchers will be computed by the bureau and forwarded for certification of payment.

91. Q: What happens if an evacuation ends and an employee is liable for paying a lease penalty?

A: If an employee or designee signs a lease at the safehaven and is subsequently ordered to return to post, or if an evacuation terminates and the post subsequently becomes unaccompanied, then the employee’s agency may waive the refund due the Government on an advance or reimbursement of lodging expenses incurred not to exceed 30 days. This lease coverage may not extend beyond the 180-day evacuation payment limit. See DSSR 632.4c.

INVOLUNTARY SEPARATE MAINTENANCE ALLOWANCE (ISMA)

92. Q: If families are separated for the convenience of the government, why are all of our housing expenses not covered like they would be at post?

A: The purpose of both Voluntary and Involuntary Separate Maintenance Allowances is to help defray the additional expenses associated with maintaining family members elsewhere than at post. The allowances are not meant to fully cover a family's expenses. The rates for Involuntary SMA are based on data provided by the Bureau of Labor Statistics for the average cost of maintaining a household in the continental United States (CONUS). The costs include average rent, utilities, miscellaneous furnishings and supplies. Because individual circumstances vary and most people do not live in the "average" area in CONUS, the rates may not fully cover each family's costs.

93. Q: If the post allows only spouses or domestic partners (or spouses or domestic partners and children under 5), but a spouse or domestic partner cannot go because there are children (or older children), is the employee then eligible for ISMA?

A: In addition to fully unaccompanied status, the Department of State has added the category of "partially unaccompanied" posts, i.e., only adult EFMs, or adult EFMs and small children, are permitted. If minor children (under the age of 18 years) may not proceed to post and are therefore eligible for ISMA, a parent or step-parent may remain at the separate household to care for them and would also be eligible for ISMA. Questions on unusual circumstances should be sent to the Director of the Office of Allowances at AllowancesO@state.gov.

94. Q: What happens if the family has been on ISMA and the post status changes back to accompanied, but because we are in the middle of the school year it is not advisable for the family to move? Can the employee continue to receive ISMA, or does it shift back to voluntary? If it shifts to voluntary, do I need to fill in another SF-1190?

A: When an unaccompanied post becomes safe enough for EFMs to return and the status changes to at least partially accompanied, the higher ISMA rates will continue for 90 days. Before the 90-day period ends, the employee will need to submit a new SF-1190 (Rev. 07/2009) to continue either ISMA (if partially unaccompanied and the employee's EFMs may not return) or VSMA (if the employee's EFMs could return but choose not to).

95. Q: If a family member fails to get a medical clearance, is the employee eligible for involuntary. Is there a reporting requirement with regard to the medical condition? Do you have to continue to demonstrate the medical need for ISMA? If there is no longer justification for a medical ISMA, would the EFM still be eligible for voluntary SMA?

A: An employee may receive Involuntary SMA for a family member if that family member is prevented from proceeding to post due to a medical condition. The Office of Medical Services or other competent medical authority must certify in writing that the family member's medical condition prevents the family member from going to post. That certification could be a memo, cable or email that is attached to the SF-1190, Foreign Allowances Application, Grant and Report. If the family member's medical condition changes and the family member may proceed to post, but chooses not to, the employee is eligible for Voluntary SMA. The employee must immediately submit the new SF-1190 documenting that the EFM's status has changed. Please note that an employee may only elect VSMA for family members once during a tour of duty and the employee and family member must be separated for at least 90 days. The change of election may not take place during the employee's first or last 90 days during the tour of duty. (DSSR 264.2(2)).

96. Q: I am assigned to an accompanied post and my family members are with me. Unfortunately, one of my EFMs has developed a medical condition and the Regional Medical Officer has stated that he cannot remain at post with me. He will return to the United States to get medical treatment for the remainder of my tour. May I put him on SMA? What type of SMA would he receive - voluntary or involuntary?

A: You should submit an SF-1190 to your post management officer to apply for SMA on behalf of your EFM. Please note on the SF-1190 that you are applying for involuntary SMA because the Office of Medical Services has limited your EFM's medical clearance in such a way that he is not permitted to reside with you at post. Please attach documentation from the RMO or Office of Medical Services indicating that needed medical facilities are not available at post and therefore the EFM's medical clearance is being limited. You would then be eligible for ISMA on behalf of your EFM.

97. Q: What support is available to families on involuntary separation?

A: The Family Liaison Office (FLO) within the Department of State takes the lead on providing support to families on separate maintenance, both voluntary and involuntary, as well as those on evacuation status. FLO is setting up a network of support for families on involuntary separate maintenance and wants you to contact FLO with your email address and telephone number. FLO has developed a resource book and a website for unaccompanied tours on the internet website http://www.state.gov/m/dghr/flo/c14521.htm.

98. Q: How does ISMA relate to travel of separated families?

A: Travel for children of separated families described in 3FAM 3753 does apply to children on involuntary separate maintenance allowance. Since children are not allowed to visit an unaccompanied post, travel would have to be to an alternate location.

EVACUATION

99. Q: My family and I were evacuated six months ago and I have been leasing a furnished apartment in a high rise building. I’d like to move to a rental house that is less expensive. Can I do this and still receive Transitional Separate Maintenance Allowance (TSMA)?

A: Yes, you and your family can move to a less expensive commercially-leased rental house as long as it is a “transition” residence prior to occupying your permanent residence. If this move to the less expensive rental house is intended to be your permanent residence, then you will not be eligible for TSMA but only eligible for the “regular” Involuntary SMA rates in the Department of State Standardized Regulations (DSSR) section 267.1.

100. Q: Even after my family moves, they will have a lot of extraordinary expenses (like furniture rental) until they receive the full Household Effects (HHE) shipment. When will my TSMA payments stop?

A: As stated above, if this residence is considered temporary (“transitional”) and commercially-leased, then TSMA payments may be paid for up to 60 calendar days awaiting your full HHE shipment. TSMA is intended to help defray the extraordinary expenses your family will experience during this transition period between the end of evacuation and the beginning of Involuntary SMA. The daily TSMA rates for days 1 through 30 are $100 per day for 1 or 2 eligible family members; and $120 per day for 3 or more eligible family members. The daily TSMA rates for days 31 through 60 are $70 and $80, respectively. These are not per person rates but per family rates.

101. Q: Even if my spouse or domestic partner, who is still at post, ships some of our HHE right away, it will still probably take more than 60 days to get here. How do I extend the TSMA to 90 days?

A: TSMA may be paid for a maximum of 60 days with an additional 30 days allowed following agency approval based on extreme or unusual circumstances. The employee at post should submit an SF-1190 to the appropriate agency official ahead of the end of the initial 60 day period to request an extension of TSMA payments for the additional 30 days. One example of extreme or unusual circumstances is that the employee has made every effort to get the full HHE shipment to the family but the full shipment has not been delivered due to restrictions or difficulties beyond the employee’s control.

102. Q: Are the TSMA amounts different for days 61 through 90?

A: Yes, the TSMA rates for days 61 through 90 are $50 for 1 or 2 eligible family members and $60 for 3 or more eligible family members.

103. Q: Is TSMA taxable?

A: No. TSMA is a type of SMA, which is not subject to federal or state income taxes.

104. Q: What if I get some of our furniture from storage and also have some of our HHE shipped. Would I still be eligible for TSMA after I get the items from storage, but until the HHE arrives?

A: If you are still in temporary commercial lodging, you are eligible for TSMA for up to 60 days or until your “full” HHE is delivered.

105. Q: How do you know when my “complete” HHE has arrived?

A: The employee should submit an SF-1190 to the appropriate agency official to inform them of the date the family received the “complete” or “full” HHE. TSMA must terminate on the date the full HHE is delivered to the family. Please note that the USG is not responsible to move an HHE shipment from a temporary residence to the subsequent (permanent) residence, therefore, it would be good to coordinate delivery of HHE to a permanent residence. Please note that TSMA terminates when the earliest of several possible events occurs (see DSSR 266.4) and therefore could stop even before the “complete” HHE is delivered if one of those other conditions applies.

106. Q: Is TSMA paid automatically once it commences?

A: Yes. Once an employee has submitted an SF-1190 and it has been processed, payments commenced via the payroll process continue automatically until the employee submits an SF-1190 to the appropriate agency official to terminate the allowance. The employee should submit the form as soon as any of the following occur: date the employee commences travel under transfer orders from the evacuated post or date of transfer when no travel by the employee under the transfer order is involved; date the authorized period for Transitional SMA ends; date the complete Household Effects (HHE) shipment is delivered to family; date the family members occupy non-commercial quarters; date the family members occupy permanent quarters.

107. Q: Once TSMA is terminated, what are my options?

A: You will submit the SF-1190 to the appropriate agency official requesting Involuntary SMA for each family member and cite in box 18 of the SF-1190 the reason for the request [that the post is unaccompanied and transportation to post has been withheld for family members]. Remember, involuntary SMA extends to children until they reach age 21 (age 18 is the limit for voluntary SMA unless the child is in secondary school). Although amounts may change in the future, the current annual amounts for Involuntary SMA are $6,000 for one child; $9,900 for 2 or more children; $11,300 for one adult; $15,300 for one adult and 1 additional family member; $17,300 for one adult and 2 or 3 family members; and $20,200 for 1 adult and 4 or more additional family members.

108. Q: Is there anything else available following termination of TSMA?

A: For your school age children (grades K through 12), according to DSSR 276.23, the employee may request the applicable “away from post” education allowance [for the employee’s post of assignment] for his/her child in lieu of involuntary SMA. The restrictions are that (1) a parent (natural, adoptive, step) cannot reside in the United States if the child will attend school in the United States (this restriction does not apply if the child and parent live in the same foreign country); and (2) the child cannot have traveled under the educational travel authority within the previous 12 months.

109. Q: What if my family is at an alternate approved foreign safehaven at the end of the evacuation. Can I get TSMA for my family members in the foreign area?

A: If your family members are occupying temporary commercial quarters then they are eligible to receive TSMA. However, if they are in non-commercial quarters they are not eligible for TSMA. If they are not eligible for TSMA, they are eligible for either involuntary SMA or away from post education allowance (see Q&A 9 and 10 for details). Note: Although family members are officially considered to reside in the U.S. on Involuntary SMA, if an employee has extenuating family circumstances, he/she may ask the appropriate agency official to “officially” designate a foreign area for Involuntary SMA. If a foreign area is “officially” designated for Involuntary (as opposed to voluntary) SMA, an education allowance (based on the DSSR 920 at post rate for the designated SMA location) may be paid for a child on Involuntary SMA at that location. (For State Department, the agency official would be the Executive Director of the appropriate regional bureau).

110. Q: Can you give me examples of non-commercial quarters?

Non-commercial quarters are considered private residences such as living with family, friends or others in a location which is not commercially leased or rented.

111. Q: I understand you’re not supposed to receive regular SMA unless you will be in that status for at least 90 days. I expect my spouse or domestic partner to be reassigned in a month or so. Am I still eligible for TSMA?

A: Your family is eligible for TSMA as long as they are in temporary commercial lodging. However, if the employee is going to be transferred shortly to the U.S., you may wish to weigh the immediate benefit of TSMA versus the subsistence expense portion of the Home Service Transfer Allowance for family and employee once the employee gets back to the U.S. If TSMA is used, the family will not be eligible for HSTA “unless official transportation was authorized permitting those family members to join the employee at the new post of assignment in the U.S.” (DSSR 252.8).