N.Y. Comp. Codes R. & Regs. tit. 9 § 138.5

Current through Register Vol. 46, No. 43, October 23, 2024

Section 138.5 - Moving and travel expenses eligible for reimbursement

(a) Employees eligible for reimbursement shall be reimbursed for actual and necessary moving and travel expenses in an aggregate amount not in excess of $600 for a move commenced prior to June 1, 1969, and in an aggregate amount not in excess of $800 for a move commenced on or after June 1, 1969, and in the case of an officer or a member of the New York State police, in an aggregate amount not in excess of $850 for a move commenced on or after April 1, 1972, in accordance with the provisions of this section, provided that claim for such payment is made within one year of the transfer, reassignment or promotion. Subject to the aforesaid dollar limits, an eligible employee shall be reimbursed for:

(1)

(i) The basic cost of moving household goods and personal effects from the employee's residence at the time of the transfer, reassignment or promotion to the residence located near the new place of employment, provided that the mover used is a carrier authorized by the New York State Public Service Commission or the Interstate Commerce Commission to perform the service. The basic cost of moving shall mean the cost of loading, transporting and unloading household goods and personal effects, including necessary expenditures for handling such household goods as pianos, refrigerators and deep freezers. Household goods shall not be deemed to include: automobiles; other motor vehicles; trailers other than house trailers used as employees' residences; farm tractors, implements and equipment; livestock; boats; animals raised for profit by the employee; belongings which are not the property of the employee's immediate family; belongings related to commercial enterprises engaged in by the employee or his family; and building materials.

(ii) Reimbursement for approved expenditures shall be not more than that applicable under the tariff schedule filed with the regulatory agency by the carrier chosen by the employee, or under the joint movers tariff filed with the Public Service Commission, whichever is less, released in all cases to the lowest valuation. If insurance above the lowest released valuation is carried, the cost of such insurance shall be borne by the employee, provided, however, that in the case of an officer of the New York State police, reimbursement for up to $25 worth of additional insurance above the lowest released valuation will be provided, within the overall dollar ceiling, effective April 1, 1971, and in the case of a member of the New York State police, reimbursement for up to $25 worth of additional insurance above the lowest released valuation will be provided, within the overall dollar ceiling, effective July 1, 1971.

(iii) For a move commenced prior to June 1, 1969, no reimbursement shall be provided for household goods and personal effects in excess of 8,000 pounds; for a move commenced on or after June 1, 1969, no reimbursement shall be provided for household goods and personal effects in excess of 10,000 pounds; in the case of an officer of the New York State police, for a move commenced on or after April 1, 1971, no reimbursement shall be provided for household goods and personal effects in excess of 12,000 pounds.

(iv) If an employee does not use a commercial household goods carrier, he shall be reimbursed for the basic cost of moving household goods and personal effects by rental of trailers or trucks from commercial establishments provided the claim is accompanied by three competitive bids. Reimbursement shall be made at the rates proposed in the lowest bid.

(2) The cost of packing and/or unpacking of household goods and personal effects if such services provided by the carrier are used, provided, however, that in the case of an officer of the New York State police, effective April 1, 1971, reimbursement for packing and/or unpacking shall not exceed $100.

(3) The cost of storage of goods in-transit for actual storage up to 30 days, and for required warehouse handling, provided such services are required. For a move commenced prior to June 1, 1969, reimbursement shall not be provided for storage or handling of goods in excess of 8,000 pounds; for a move commenced on or after June 1, 1969, reimbursement shall not be provided for storage or handling of goods in excess of 10,000 pounds; in the case of an officer of the New York State police, for a move commenced on or after April 1, 1971, no reimbursement shall be provided for household goods and personal effects in excess of 12,000 pounds.

(4) Notwithstanding the provisions of paragraph (2) of this subdivision to the contrary, in the case of an officer of the New York State police, for a move commenced on or after April 1, 1973, reimbursement for packing and/or unpacking, at the officer's election, may exceed $100 but in such event the provisions of subparagraph (iii) of paragraph (1) and paragraph (3) of this subdivision which permit the reimbursement of such officer for the basic cost of moving household goods and personal effects in excess of 10,000 pounds and the cost of storage of goods in excess of 10,000 pounds shall not be applicable.

(5) The cost of transportation of the employee and his family to the new location, at the rate paid by the State for the use of personally owned automobiles on official business, the mileage to be measured by the shortest highway route between the two places of residence. Payment shall be made at such rate for one automobile regardless of the number owned, or actual method of transportation used.

(6) The cost of meals and expenses other than transportation in a flat amount of five dollars for the employee only.

(b) Expenses other than those enumerated above incurred by the employee as the result of relocation occasioned by transfer, reassignment or promotion shall not be subject to the reimbursement.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 138.5