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Vol.
III, No. 8, December 2001
Secy
Chao says no to $100
Excutive Order 13150, Federal Workforce Transportation
states in part, “By the authority vested in me
as President by the Constitution and laws of the United
States of America...Federal Agencies in the National
Capital Region, shall (emphasis added) implement a ‘transit
pass’ transportation fringe benefit program for
their qualified Federal employees by no later than October
1, 2001. Under this program, agencies shall (emphasis
added) provide their qualified Federal employees, in
addition to current compensation, transit passes as
defined in section 132(F)(5) of title 26, United States
Code, in amounts approximately equal to employee commuting
costs, not to exceed the maximum level allowed by law
(26 U.S.C. 132(f)(2)) (emphasis added). The National
Capital Region is defined as the District of Columbia;
Montgomery, Prince George’s, and Frederick Counties
in Maryland; Arlington, Fairfax, Loudon, and Prince
William Counties in Virginia; and all cities now or
hereafter existing in Maryland or Virginia within the
geographic area bounded by the outer boundaries of the
combined area of said counties.”
The
maximum level of commuting costs allowed by law (26
U,S.C. 132(f)(2) is $100 effective January 1, 2002.
Secy
Chao’s labor relations spokesman Jerry Lelchook
said on October 31, 2001,
“While
the law may be changing to allow Federal agencies
the discretion to provide a transit subsidy of up
to $100.00 per month, neither the law nor any Executive
Order mandates that an agency provide the maximum.
Currently, the Department does not plan to increase
the amount of the subsidy from the existing maximum
of $65 per month.”
“Jerry,”
Executive Order 13150 states, “...agencies shall
(emphasis added) provide their qualified Federal employees,
in addition to current compensation, transit passes
as defined in section 132(F)(5) of title 26, United
States Code, in amounts approximately equal to employee
commuting costs, not to exceed the maximum level allowed
by law (26 U.S.C. 132(f)(2)) (emphasis added).”
And, 26 U.S.C. 132(f)(2) provides that, “The amount
of the fringe benefits which are provided by an employer
to any employee...shall not exceed...$100 per month...”
12
Alert has received information that the following agencies
are increasing transit subsidies to $100 in January
2002: Department of State, Department of Housing and
Urban Development, General Services Administration,
Department of Transportation, Office of Personnel Management,
and Department of Defense.
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