No. 27164 (Amendment): R25-7-6. Reimbursements for Meals

DAR File No.: 27164
Filed: 05/14/2004, 03:03
Received by: NL

 

RULE ANALYSIS

Purpose of the rule or reason for the change:

The rule is being revised as a result of a division review of the meal per diem for premium cities. The review showed that when employees travel to premium cities and receive complimentary meals, they are not being sufficiently compensated for the remaining meals for that day.

 

Summary of the rule or change:

The rule is amended to: 1) specify under what conditions travelers qualify for premium rates on the day travel begins and/or the day travel ends; and 2) specify a premium allowance for remaining meals on a day when travelers receive complimentary meals in premium cities.

 

State statutory or constitutional authorization for this rule:

Sections 63A-3-107 and 63A-3-106; and UT L 2000 Ch 344, UT L 2001 Ch 334, UT L 2002 Ch 277, UT L 2003 Ch 342, and SB 1 Item 50, 2004 General Session (DAR NOTE: S.B. 1 is found at UT L 2004 Ch 256, and will be effective 07/01/2004.)

 

Anticipated cost or savings to:

the state budget:

Amending this rule could result in a cost to the state budget. State agencies (including legislative staff, the Judicial Branch, and the Utah System of Higher Education) could spend more to reimburse travelers for meals in premium cities. They could spend up to $9 more for each day a traveler receives a complimentary breakfast in a premium city; up to $8 more for each day a traveler receives a complimentary lunch in a premium city; and up to $7 more for each day a traveler receives a complimentary dinner in a premium city. Finance cannot anticipate the aggregate cost to the state budget for the following reasons: 1) the Division does not know how many meals in premium cities agencies will reimburse; 2) the Division does not know how many employees traveling to premium cities will receive complimentary meals; 3) the Division does not know whether the complimentary meals premium city travelers receive will be breakfast, lunch, or dinner; and 4) because agencies will reimburse employees only for actual expenses (up to a specified maximum dollar amount), there is no way to know exactly how much agencies will reimburse each employee for each premium city meal.

 

local governments:

This rule applies only to state agencies and state employees and, therefore, will have no impact on local government.

 

other persons:

The amendments to this rule may result in savings to employees of the state, legislative staff, the Judicial Branch, and the Utah System of Higher Education who travel on business. Employees who travel to premium cities may receive up to $9 more for each day they receive a complimentary breakfast in a premium city; up to $8 more for each day they receive a complimentary lunch in a premium city; and up to $7 more for each day they receive a complimentary dinner in a premium city. The Division cannot anticipate the aggregate savings impact on employees for the following reasons: 1) the Division does not know how many employees will be reimbursed for meals in premium cities; 2) the Division does not know whether the employees traveling to premium cities will receive complimentary meals; 3) the Division does not know whether the complimentary meals employees traveling to premium cities receive will be breakfast, lunch, or dinner; and 4) because employees will be reimbursed only for actual expenses (up to a specified maximum dollar amount), there is no way to know exactly how much each employee will be reimbursed for each premium city meal.

 

Compliance costs for affected persons:

There are no compliance costs associated with the revisions to Section R25-7-6.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

Amendments to Section R25-7-6 apply only to state agencies and state employees (including legislative staff, the Judicial Branch, and the Utah System of Higher Education) and have no impact on businesses. -- Camille Anthony, Executive Director, Department of Administrative Services

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Finance
Room 2110 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

 

Direct questions regarding this rule to:

Teddy Cramer at the above address, by phone at 801-538-3450, by FAX at 801-538-3244, or by Internet E-mail at [e-mail]

 

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/01/2004

 

This rule may become effective on:

07/02/2004

 

Authorized by:

Kim Thorne, Director

 

 

RULE TEXT

R25. Administrative Services, Finance.

R25-7. Travel-Related Reimbursements for State Employees.

R25-7-6. Reimbursement for Meals.

(1) State employees who travel on state business may be eligible for a meal reimbursement.

(2) The reimbursement will include tax, tips, and other expenses associated with the meal.

(3) Allowances for in-state travel differ from those for out-of-state travel.

(a) The daily travel meal allowance for in-state travel is $30.00 and is computed according to the rates listed in the following table.

 

TABLE 1

In-State Travel Meal Allowances

Meals                Rate

Breakfast           $6.00

Lunch               $9.00

Dinner             $15.00

Total              $30.00

 

(b) The daily travel meal allowance for out-of-state travel is $38.00 and is computed according to the rates listed in the following table.

 

TABLE 2

Out-of-State Travel Meal Allowances

Meals                Rate

Breakfast           $9.00

Lunch              $11.00

Dinner             $18.00

Total              $38.00

 

(4) When traveling to premium cities (New York, Los Angeles, Chicago, San Francisco, Washington DC, Boston, and Atlanta), the traveler may choose to accept the per diem rate for out-of-state travel or to be reimbursed at the actual meal cost, with original receipts, up to $50 per day.

(a) [The traveler must be entitled to be reimbursed for all meals for the day in order to qualify for premium rates for a given day]The traveler will qualify for premium rates on the day the travel begins and/or the day the travel ends only if the trip is of sufficient duration to qualify for all meals on that day.

(b) Complimentary meals of a hotel, motel and/or association and meals included in registration costs are deducted from the $50 premium allowance as follows:

(i) If breakfast is provided deduct $12, leaving a premium allowance for lunch and dinner of actual up to $38.

(ii) If lunch is provided deduct $15, leaving a premium allowance for breakfast and dinner of actual up to $35.

(iii) If dinner is provided deduct $23, leaving a premium allowance for breakfast and dinner of actual up to $27.

[(b)](c) The traveler must use the same method of reimbursement for an entire day.

[(c)](d) Actual meal cost includes tips.

[(d)](e) Alcoholic beverages are not reimbursable.

(5) When traveling in foreign countries, the traveler may choose to accept the per diem rate for out-of-state travel or to be reimbursed at the reasonable, actual meal cost, with original receipts.

(a) The traveler may combine the reimbursement methods during a trip; however, he must use the same method of reimbursement for an entire day.

(b) Actual meal cost includes tips.

(c) Alcoholic beverages are not reimbursable.

(6) The meal reimbursement calculation is comprised of three parts:

(a) The day the travel begins. The traveler's entitlement is determined by the time of day he leaves his home base (the location the employee leaves from and/or returns to), as illustrated in the following table.

 

TABLE 3

The Day Travel Begins

1st Quarter     2nd Quarter    3rd Quarter     4th Quarter

a.m.            a.m.           p.m.            p.m.

12:01-6:00      6:01-noon      12:01-6:00      6:01-midnight

*B, L, D        *L, D          *D              *no meals

In-State

$30.00          $24.00         $15.00          $0

Out-of-State

$38.00          $29.00         $18.00          $0

*B=Breakfast, L=Lunch, D=Dinner

 

(b) The days at the location.

(i) Complimentary meals of a hotel, motel, and/or association and meals included in the registration cost are deducted from the total daily meal allowance.

(ii) Meals provided on airlines will not reduce the meal allowance.

(c) The day the travel ends. The meal reimbursement the traveler is entitled to is determined by the time of day he returns to his home base, as illustrated in the following table.

 

TABLE 4

The Day Travel Ends

1st Quarter     2nd Quarter    3rd Quarter     4th Quarter

a.m.            a.m.           p.m.            p.m.

12:01-6:00      6:01-noon      12:01-7:00      7:01-midnight

*no meals       *B             *B, L           *B, L, D

In-State

$0              $6.00          $15.00          $30.00

Out-of-State

$0              $9.00          $20.00          $38.00

*B=Breakfast, L=Lunch, D=Dinner

 

(7) An employee may be authorized by his Department Director or designee to receive a meal allowance when his destination is at least 100 miles from his home base and he does not stay overnight.

(a) Breakfast is paid when the employee leaves his home base before 6:01 a.m.

(b) Lunch is paid when the trip meets one of the following requirements:

(i) The employee is on an officially approved trip that warrants entitlement to breakfast and dinner.

(ii) The employee leaves his home base before 10 a.m. and returns after 2 p.m.

(iii) The Department Director provides prior written approval based on circumstances.

(c) Dinner is paid when the employee leaves his home base and returns after 7 p.m.

(d) The allowance is not considered an absolute right of the employee and is authorized at the discretion of the Department Director or designee.

 

KEY: air travel, per diem allowances, state employees, transportation

July [1]2, 2004

Notice of Continuation May 1, 2003

63A-3-107

63A-3-106

2000 Utah Laws 344

2001 Utah Laws 334

2002 Utah Laws 277

2003 Utah Laws 342

S.B. 1 Item 50, 2004 General Session