December 21, 2001
MEMORANDUM FOR THE CPOCs/CPACs/MACOM DIRECTOR'S PLUS
SUBJECT: Living Quarters Allowance vs. Overseas Housing Allowance for Reservists
Civilian employees assigned overseas who are activated under military orders may not receive their Living Quarters Allowance and their Military Overseas Housing Allowance simultaneously. Otherwise, the civilian employee will be overpaid thus subject to indebtedness to the government. Please note we do not have the authority to waive Living Quarters Allowance indebtedness under these circumstances.
Another area to be aware of is the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) benefits. Under USERRA an employee may use annual or sick leave (if appropriate) or compensatory time while on LWOP-Military Service. Civilian employees who choose to use their annual leave, sick leave (if appropriate), military leave, or compensatory time should be notified that they will not receive Living Quarters Allowance during that period if they are in receipt of Overseas Housing Allowance.
The employee must provide a SF-1190, Foreign Allowances Application, Grant, and Report requesting to stop Living Quarters Allowance along with a copy of their military Leave and Earnings Statement to the Civilian Personnel Advisory Centers. When the employee's military orders site authorization for Overseas Housing Allowance, their Living Quarters Allowance should be stopped. Overseas Housing Allowance has precedence over Living Quarters Allowance.
The Office of Personnel Management has provided some important information regarding Military Leave on their website.
My Point of Contact is Ms. Carol Simley, at (703) 325-9980 or DSN: 221.
Email is carol.simley@(email address expired)
// Original signed //
Rickie P. Cannon
Acting Chief, Policy and Program