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  PAYMENTS DURING AN ORDERED/AUTHORIZED DEPARTURE (Updated interim 4/5/2013; final 6/2/2013 with TL:SR-813)

DEPARTMENTAL REGULATIONS

(These regulations are prescribed by the Secretary of State for adoption by departments in the Executive Branch of the Federal Government.  See Section 640.)

600 GENERAL

610 Definitions (Interim eff. 4/5/2013; final eff. 6/2/2013 with TL:SR 813)

*As used in these regulations:

a. "Adult dependent" for the purposes of this chapter includes the employee's spouse or domestic partner and any members of the employee's family as defined in Section 040m who are 21 years of age or older.

b. "Advance payment" means the monetary amount payable to an employee ordered/authorized to depart or his/her designated representative in advance of the date on which the employee would otherwise be entitled to be paid.

c. "Day" means calendar day except when otherwise specified.

d. "Department" means any department of the Government of the United States of America, any agency or independent establishment in the executive branch of the Government, and any corporation in the executive branch wholly owned or controlled by the Government.

e. "Dependent" means a member of the employee's family as defined in Section 040m.  Special factors include:

(1) neither employee member of an assigned career or probationary career married couple or domestic partnership should be forced to be evacuated in dependent status.  However, a career or probationary career employee in leave without pay status (LWOP) may be ordered/authorized to depart as a dependent;

(2) locally hired dependent employees should be evacuated or authorized to depart as dependents unless the Chief of Mission decides the position is essential, and the Department of State concurs in the decision.

f. "Designated representative" means a person 18 years of age or over who is named by an employee for the purpose of caring for, escorting, or receiving monetary payments on behalf of a dependent.

g. "Evacuation" means the authorized or ordered departure from post of an employee or dependent(s), or any of the circumstances outlined in Section 610j herein.  The terms "evacuated" and "ordered/authorized to depart" are used interchangeably in these regulations.

h. "Evacuation order" means either an oral or written communication which authorizes or orders the departure from the post of assignment.

*i. "Evacuation payment" or "evacuation/departure payment" means a monetary amount payable to an employee, his/her dependents, or designated representative during a period of ordered evacuation or authorized departure.

j. "Evacuee" means an employee or dependent who, because of military or other reasons in the national interest which create imminent danger to the life of the employee or dependents;

(1) has departed post of assignment under authorized or ordered departure status; or

(2) is ordered or authorized to depart post but cannot leave the post because of reasons beyond the control of the employee; and, in the case of an employee, is prevented by circumstances beyond the control of the employee and beyond the control of the Government from performing position duties; or

(3) is prevented from returning to the post while temporarily absent from post but otherwise intended to do so.

*Note: “First Evacuee” means either employee or dependent for special allowance calculations (See Section 632.1(a)).

k. “Monetary amount" is the net amount of compensation including any allowances or post differential due an employee after making all deductions authorized by law, such as retirement or social security deductions, authorized allotments, Federal withholding tax, and others, when applicable.

*l. "Safehaven" as used in this chapter means: (1) a location or place officially designated by the Secretary of State to which an employee and/or dependents will be ordered or authorized to depart; or (2) an alternate safehaven approved by the Secretary of State on a case-by-case basis when in the interests of the U.S. Government.

*An official safehaven may be either a foreign safehaven or a U.S. safehaven, as determined by the Secretary of State to meet the exigencies of the situation. An evacuation order issued by the Secretary may designate both a foreign safehaven and a U.S. safehaven, as circumstances dictate.

*Evacuees at a foreign safehaven are not entitled to diplomatic courtesies, immunities, services and privileges accorded to the official American diplomatic community assigned to the foreign safehaven.  (Also see Section 631a(1).)

m. Subsistence expense allowance (SEA) means the daily monetary amount payable to assist in offsetting direct added subsistence expenses of evacuees.

n. Special allowance means an additional allowance to offset the direct added expenses incident to an ordered/authorized departure.

611 Description

611.1 Purpose

These regulations govern the authority and procedures for paying employees who are evacuated from assigned posts of duty, and for paying their dependents who are evacuated, for military or other reasons which create imminent danger to the life of the employees or their dependents or which otherwise are in the national interest.

611.2 Authority

These regulations are issued under the authority contained in 5 U.S.C. 5521-5527 (The Act of September 26, 1961 (P.L. 87-304, 75 Stat. 662)) as amended by the Foreign Service Act of 1980 (P.L. 96-495) and Executive Order 10982 issued December 25, 1961.

611.3 Scope

These regulations cover the authority for an advance of pay following an ordered/authorized departure, continuation of salary and allowance payments during the period of ordered/authorized departure, and special allowances to partially offset certain direct added expenses incurred as a result.

612 Coverage

612.1 Employees Covered

These regulations apply to:  (1) civilian employees of the United States Government who are United States citizens or are United States nationals, except as provided in Section 612.3, and (2) when and to the extent determined by the Secretary of State, third country nationals, i.e., civilian employees who are not citizens or nationals of the United States and who are not citizens or nationals of the country in which the evacuated post is located.  Third country national employees and/or dependents may be considered for evacuation travel to their country of origin, point of hire, or designated foreign or U.S. safehaven if this is in the interest of the U.S. Government.

612.2 Locations

These regulations apply to evacuations from, or within, any area situated outside:  (1) the United States; (2) the Commonwealths of Puerto Rico and the Northern Mariana Islands, and (3) any territory or possession of the United States.

612.3 Locally Employed American Citizens Not Covered

These regulations do not apply to: (1) local United States citizens who do not have official U.S. Government employment, including but not limited to Americans with private business or organizations, teachers recruited by local American-supported schools, Fulbright grantees, and individuals with contracts to work for the foreign host government; or (2) locally hired American citizens who work for the U.S. Government but who do not have an agreement for return transportation to the United States at Government expense.

613 Entitlement

a. Employees and their dependents shall be entitled to be paid only if they meet the requirements of these regulations.  Entitlement to payment shall cease on the date when the employee is determined to be covered by the Missing Persons Act (50 App U.S.C. 1001 et seq.), unless payment is earlier terminated under these regulations or unless determined otherwise by the Secretary of State. 

b. Benefits for uniformed military personnel and dependents are covered in the DOD Joint Federal Travel Regulations (JFTR).

*614 Designation of Official Safehaven; Alternate Safehaven (Interim eff. 4/5/2013; final eff. 6/2/2013 with TL:SR 813)

*a. An official safehaven—foreign, U.S., or both (610l)—will be designated by the Secretary of State as far in advance of any actual or possible evacuation as practicable.  Employees and/or their dependents are expected to travel to an official safehaven if an evacuation is approved.  (See Sections 631-633 for commencement and payment of special allowances.)

b. When there is insufficient time for a written evacuation order due to the nature of the danger, the Secretary of State must be notified as soon as possible of the conditions that warrant the order so that an appropriate safehaven may be authorized and payment of special allowances approved.

c. An alternate safehaven may be approved by the Secretary of State under individual circumstances when in the interests of the U.S. Government and shall be effective no earlier than the date of request for an alternate safehaven.