Legislación
US (United States) Code. Title 5. Chapter 55: Pay administration
-CITE-
5 USC CHAPTER 55 - PAY ADMINISTRATION 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
.
-HEAD-
CHAPTER 55 - PAY ADMINISTRATION
-MISC1-
SUBCHAPTER I - GENERAL PROVISIONS
Sec.
5501. Disposition of money accruing from lapsed salaries or unused
appropriations for salaries.
5502. Unauthorized office; prohibition on use of funds.
5503. Recess appointments.
5504. Biweekly pay periods; computation of pay.
5505. Monthly pay periods; computation of pay.
5506. Computation of extra pay based on standard or daylight saving
time.
5507. Officer affidavit; condition to pay.
5508. Officer entitled to leave; effect on pay status.
5509. Appropriations.
SUBCHAPTER II - WITHHOLDING PAY
5511. Withholding pay; employees removed for cause.
5512. Withholding pay; individuals in arrears.
5513. Withholding pay; credit disallowed or charge raised for
payment.
5514. Installment deduction for indebtedness because of erroneous
payment. (FOOTNOTE 1)
(FOOTNOTE 1) Section catchline amended by Pub. L. 97-365 without
corresponding amendment of chapter analysis.
5515. Crediting amounts received for jury or witness service.
5516. Withholding District of Columbia income taxes.
5517. Withholding State income taxes.
5518. Deductions for State retirement systems; National Guard
employees.
5519. Crediting amounts received for certain Reserve or National
Guard service.
5520. Withholding of city or county income or employment taxes.
5520a. Garnishment of pay.
SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
5521. Definitions.
5522. Advance payments; rates; amounts recoverable.
5523. Duration of payments; rates; active service period.
5524. Review of accounts.
5524a. Advance payments for new appointees.
5525. Allotment and assignment of pay.
5526. Funds available on reimbursable basis.
5527. Regulations.
SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT
5531. Definitions.
(5532. Repealed.)
5533. Dual pay from more than one position; limitations;
exceptions.
5534. Dual employment and pay of Reserves and National Guardsmen.
5534a. Dual employment and pay during terminal leave from uniformed
services.
5535. Extra pay for details prohibited.
5536. Extra pay for extra services prohibited.
5537. Fees for jury and witness service.
SUBCHAPTER V - PREMIUM PAY
5541. Definitions.
5542. Overtime rates; computation.
5543. Compensatory time off.
5544. Wage-board overtime and Sunday rates; computation.
5545. Night, standby, irregular, and hazardous duty differential.
5545a. Availability pay for criminal investigators.
5545b. Pay for firefighters.
5546. Pay for Sunday and holiday work.
5546a. Differential pay for certain employees of the Federal
Aviation Administration and the Department of Defense.
5547. Limitation on premium pay.
5548. Regulations.
5549. Effect on other statutes.
(5550. Repealed.)
5550a. Compensatory time off for religious observances.
SUBCHAPTER VI - PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE
5551. Lump-sum payment for accumulated and accrued leave on
separation.
5552. Lump-sum payment for accumulated and accrued leave on
entering active duty; election.
5553. Regulations.
SUBCHAPTER VII - PAYMENTS TO MISSING EMPLOYEES
5561. Definitions.
5562. Pay and allowances; continuance while in a missing status;
limitations.
5563. Allotments; continuance, suspension, initiation, resumption,
or increase while in a missing status; limitations.
5564. Travel and transportation; dependents; household and personal
effects; motor vehicles; sale of bulky items; claims for
proceeds; appropriation chargeable.
5565. Agency review.
5566. Agency determinations.
5567. Settlement of accounts.
5568. Income tax deferment.
5569. Benefits for captives.
5570. Compensation for disability or death.
SUBCHAPTER VIII - SETTLEMENT OF ACCOUNTS
5581. Definitions.
5582. Designation of beneficiary; order of precedence.
5583. Payment of money due; settlement of accounts.
5584. Claims for overpayment of pay and allowances, and of travel,
transportation and relocation expenses and allowances.
SUBCHAPTER IX - SEVERANCE PAY AND BACK PAY
(5591 to 5594. Repealed.)
5595. Severance pay.
5596. Back pay due to unjustified personnel action.
5597. Separation pay.
AMENDMENTS
1999 - Pub. L. 106-65, div. A, title VI, Sec. 651(a)(2), Oct. 5,
1999, 113 Stat. 664, struck out item 5532 ''Employment of retired
members of the uniformed services; reduction in retired or retainer
pay.''
1998 - Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec.
628(b)), Oct. 21, 1998, 112 Stat. 2681-480, 2681-521, added item
5545b.
1994 - Pub. L. 103-329, title VI, Sec. 633(b)(3), Sept. 30, 1994,
108 Stat. 2427, added item 5545a.
1993 - Pub. L. 103-94, Sec. 9(b)(1), Oct. 6, 1993, 107 Stat.
1010, which directed amendment of table of chapters for chapter 55
of this title by adding item 5520a, was executed by adding item
5520a to table of sections for this chapter to reflect the probable
intent of Congress.
1992 - Pub. L. 102-484, div. D, title XLIV, Sec. 4436(a)(2),
Oct. 23, 1992, 106 Stat. 2724, added item 5597.
Pub. L. 102-378, Sec. 2(44)(B), (45)(B), Oct. 2, 1992, 106 Stat.
1352, 1353, struck out item 5550 ''Pay for Sunday and overtime
work; employees of nonappropriated fund instrumentalities'' and
added item 5553.
1990 - Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 107(b)),
Nov. 5, 1990, 104 Stat. 1427, 1449, added item 5524a.
1986 - Pub. L. 99-399, title VIII, Sec. 803(b), Aug. 27, 1986,
100 Stat. 883, added items 5569 and 5570.
1985 - Pub. L. 99-224, Sec. 1(b), Dec. 28, 1985, 99 Stat. 1741,
substituted ''and of travel, transportation and relocation expenses
and allowances'' for ''other than travel and transportation
expenses and allowances and relocation expenses'' in item 5584.
1984 - Pub. L. 98-525, title XV, Sec. 1537(c)(6)(B), Oct. 19,
1984, 98 Stat. 2636, inserted ''and the Department of Defense'' in
item 5546a.
1982 - Pub. L. 97-276, Sec. 151(c)(2), Oct. 2, 1982, 96 Stat.
1201, added item 5546a.
1978 - Pub. L. 95-454, title III, Sec. 308(f)(2), Oct. 13, 1978,
92 Stat. 1151, substituted ''members of the uniformed services;
reduction in retired or retainer pay'' for ''officers of the
uniformed services; reduction in retired or retirement pay;
exceptions'' in item 5532.
Pub. L. 95-390, title IV, Sec. 401(b), Sept. 29, 1978, 92 Stat.
762, added item 5550a.
1977 - Pub. L. 95-30, title IV, Sec. 408(b), May 23, 1977, 91
Stat. 157, substituted ''city or county'' for ''city'' in item
5520.
1975 - Pub. L. 94-183, Sec. 2(24), Dec. 31, 1975, 89 Stat. 1058,
struck out ''Sunday,'' after ''Night,'' in item 5545.
1974 - Pub. L. 93-340, Sec. 1(b), July 10, 1974, 88 Stat. 294,
added item 5520.
1972 - Pub. L. 92-453, Sec. 3(2), Oct. 2, 1972, 86 Stat. 760,
substituted ''overpayment of pay and allowances, other than travel
and transportation expenses and allowances and relocation
expenses'' for ''overpayment of pay'' in item 5584.
Pub. L. 92-392, Sec. 10(b), Aug. 19, 1972, 86 Stat. 574, added
item 5550.
1970 - Pub. L. 91-563, Sec. 2(b), 3(b), Dec. 19, 1970, 84 Stat.
1477, substituted ''jury or witness service'' for ''jury service in
State courts'' in item 5515, and ''jury and witness service'' for
''jury service in courts of the United States'' in item 5537.
1968 - Pub. L. 90-616, Sec. 1(b), Oct. 21, 1968, 82 Stat. 1212,
added item 5584.
Pub. L. 90-588, Sec. 2(c), Oct. 17, 1968, 82 Stat. 1152, added
item 5519.
1967 - Pub. L. 90-83, Sec. 1(23), (26)(B), (28), (30), (35),
Sept. 11, 1967, 81 Stat. 200, 201, 203, inserted items 5534a, 5595
and 5596, included Sunday rates in item 5544, Sunday and hazardous
duty differential in item 5545 and Sundays in item 5546,
substituted ''Severance Pay and Back Pay'' for ''Back Pay'' in
heading of subchapter IX, and struck out items 5591 to 5594.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 5362, 9701 of this title.
-CITE-
5 USC SUBCHAPTER I - GENERAL PROVISIONS 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER I - GENERAL PROVISIONS
.
-HEAD-
SUBCHAPTER I - GENERAL PROVISIONS
-CITE-
5 USC Sec. 5501 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 5501. Disposition of money accruing from lapsed salaries or
unused appropriations for salaries
-STATUTE-
Money accruing from lapsed salaries or from unused appropriations
for salaries shall be covered into the Treasury of the United
States. An individual who violates this section shall be removed
from the service.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475.)
-MISC1-
Historical and Revision Notes
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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5 U.S.C. 50 (1st Aug. 5, 1882, ch.
sentence; and 2d 389, Sec. 4 (297th
sentence, so much through 316th
as relates to words), 22 Stat.
removal). 255. Aug. 23, 1912,
ch. 350, Sec. 5 (so
much as relates to
removal), 37 Stat.
414.
-------------------------------
In the last sentence, the word ''removed'' is substituted for
''summarily removed'' because of the provisions of the
Lloyd-LaFollette Act 37 Stat. 555, as amended, and the Veterans'
Preference Act of 1944, 58 Stat. 387, as amended, which are carried
into this title.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 18 section 1916.
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5 USC Sec. 5502 01/06/03
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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 5502. Unauthorized office; prohibition on use of funds
-STATUTE-
(a) Payment for services may not be made from the Treasury of the
United States to an individual acting or assuming to act as an
officer in the civil service or uniformed services in an office
which is not authorized by existing law, unless the office is later
sanctioned by law.
(b) Except as otherwise provided by statute, public money and
appropriations may not be used for pay or allowance for an
individual employed by an official of the United States retired
from active service.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475.)
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Historical and Revision Notes
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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(a) 5 U.S.C. 52. R.S. Sec. 1760.
(b) 5 U.S.C. 85. July 1, 1898, ch.
546, Sec. 1 (3d
proviso on p. 644),
30 Stat. 644.
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In subsection (a), the words ''in the civil service or uniformed
services'' are substituted for ''civil, military, or naval''.
In subsection (b), the words ''Except as otherwise provided by
statute'' are added in recognition of the Act of Aug. 25, 1958,
Pub. L. 85-745, 72 Stat. 838, which authorizes an office staff for
former Presidents. The reference to ''public money and
appropriations'' is added for clarity.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
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5 USC Sec. 5503 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 5503. Recess appointments
-STATUTE-
(a) Payment for services may not be made from the Treasury of the
United States to an individual appointed during a recess of the
Senate to fill a vacancy in an existing office, if the vacancy
existed while the Senate was in session and was by law required to
be filled by and with the advice and consent of the Senate, until
the appointee has been confirmed by the Senate. This subsection
does not apply -
(1) if the vacancy arose within 30 days before the end of the
session of the Senate;
(2) if, at the end of the session, a nomination for the office,
other than the nomination of an individual appointed during the
preceding recess of the Senate, was pending before the Senate for
its advice and consent; or
(3) if a nomination for the office was rejected by the Senate
within 30 days before the end of the session and an individual
other than the one whose nomination was rejected thereafter
receives a recess appointment.
(b) A nomination to fill a vacancy referred to by paragraph (1),
(2), or (3) of subsection (a) of this section shall be submitted to
the Senate not later than 40 days after the beginning of the next
session of the Senate.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475.)
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Historical and Revision Notes
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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5 U.S.C. 56. R.S. Sec. 1761. July
11, 1940, ch. 580,
54 Stat. 751.
-------------------------------
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
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5 USC Sec. 5504 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 5504. Biweekly pay periods; computation of pay
-STATUTE-
(a) The pay period for an employee covers two administrative
workweeks. For the purpose of this subsection, ''employee'' means
-
(1) an employee in or under an Executive agency;
(2) an employee in or under the Office of the Architect of the
Capitol, the Botanic Garden, and the Library of Congress, for
whom a basic administrative workweek is established under section
6101(a)(5) of this title; and
(3) an individual employed by the government of the District of
Columbia;
but does not include -
(A) an employee on the Isthmus of Panama in the service of the
Panama Canal Commission; or
(B) an employee or individual excluded from the definition of
employee in section 5541(2) of this title other than an employee
or individual excluded by section 5541(2)(xvi) of this title.
(b) When, in the case of an employee, it is necessary for
computation of pay under this subsection to convert an annual rate
of basic pay to a basic hourly, daily, weekly, or biweekly rate,
the following rules govern:
(1) To derive an hourly rate, divide the annual rate by 2,087.
(2) To derive a daily rate, multiply the hourly rate by the
number of daily hours of service required.
(3) To derive a weekly or biweekly rate, multiply the hourly
rate by 40 or 80, as the case may be.
Rates are computed to the nearest cent, counting one-half and over
as a whole cent. For the purpose of this subsection, ''employee''
means -
(A) an employee in or under an Executive agency;
(B) an employee in or under the judicial branch;
(C) an employee in or under the Office of the Architect of the
Capitol, the Botanic Garden, and the Library of Congress, for
whom a basic administrative workweek is established under section
6101(a)(5) of this title; and
(D) an individual employed by the government of the District of
Columbia;
but does not include an employee or individual excluded from the
definition of employee in section 5541(2) of this title other than
an employee or individual excluded by section 5541(2)(xvi) of this
title.
(c) The Office of Personnel Management may prescribe regulations,
subject to the approval of the President, necessary for the
administration of this section insofar as this section affects
employees in or under an Executive agency.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475; Pub. L. 90-83, Sec.
1(21), Sept. 11, 1967, 81 Stat. 199; Pub. L. 95-454, title IV, Sec.
408(a)(1), title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1173,
1224; Pub. L. 96-54, Sec. 2(a)(29), Aug. 14, 1979, 93 Stat. 383;
Pub. L. 96-70, title III, Sec. 3302(e)(2), Sept. 27, 1979, 93 Stat.
498; Pub. L. 99-272, title XV, Sec. 15203(a), Apr. 7, 1986, 100
Stat. 334.)
-MISC1-
Historical and Revision Notes
1966 Act
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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(a) 5 U.S.C. 944(b), (d) June 30, 1945, ch.
(last 27 words, as 212, Sec. 604(b),
applicable to (e) (last 27 words,
subsection (b)). as applicable to
subsection (b)), 59
Stat. 303, 304.
July 31, 1959, Pub.
L. 86-122, Sec. 1,
73 Stat. 268.
(b) 5 U.S.C. 944(c), (d) June 30, 1945, ch.
(last 27 words, 212, Sec. 604(d),
less applicability (e) (last 27 words,
to subsection (b)). less applicability
to subsection (b)),
59 Stat. 303, 304.
Oct. 28, 1949, ch.
782, Sec. 1203, 63
Stat. 973. June 20,
1958, Pub. L. 85-
462, Sec. 15, 72
Stat. 214. Aug. 14,
1964, Pub. L. 88-
426, Sec. 103(c), 78
Stat. 402.
-------------------------------
In subsection (a), the words ''Beginning not later than October
1, 1945'' are omitted as executed. Paragraphs (1) and (3) are
substituted for the words ''all officers and employees of the
organizations referred to in subsection (a) of this section''. In
paragraph (A), the words ''Canal Zone Government'' and ''Panama
Canal Company'' are substituted for ''The Panama Canal'' and
''Panama Railroad Company'' on authority of the Act of Sept. 26,
1950, ch. 1049, Sec. 2(a), 64 Stat. 1038. Paragraph (B) is added on
authority of former section 902, which is carried into section
5541.
In subsection (b), the exception in the last sentence is added on
authority of former section 902, which is carried into section
5541.
Subsection (c) is added on authority of former section 945, which
is carried into section 5548. The words ''an Executive agency'' are
substituted for ''the executive branch of the Government'' to
conform to the definition in section 105. Applicability of this
section to employees of the General Accounting Office is based on
former section 933a.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
1967 ACT
This section amends 5 U.S.C. 5504 to reflect the amendment to 5
U.S.C. 6101 by section 1(43) of this bill.
AMENDMENTS
1986 - Subsec. (b). Pub. L. 99-272 struck out first sentence
which provided that for pay computation purposes affecting an
employee, the annual rate of basic pay established by or under
statute is deemed payment for employment during 52 basic
administrative workweeks of 40 hours, inserted '', in the case of
an employee,'' after ''When'' in second sentence, substituted
''2,087'' for ''2,080'' in par. (1), and inserted ''other than an
employee or individual excluded by section 5541(2)(xvi) of this
title'' at end of last sentence.
1979 - Subsec. (a)(A). Pub. L. 96-70 substituted ''Panama Canal
Commission'' for ''Canal Zone Government or the Panama Canal
Company''.
Subsec. (a)(B). Pub. L. 96-54 substituted ''(xvi) of this title''
for ''(xvi) of this section''.
1978 - Subsec. (a). Pub. L. 95-454, Sec. 408(a)(1), in par. (B)
inserted reference to an employee or individual excluded by section
5541(2)(xvi).
Subsec. (c). Pub. L. 95-454, Sec. 906(a)(2), substituted ''Office
of Personnel Management'' for ''Civil Service Commission''.
EFFECTIVE DATE OF 1986 AMENDMENT
Section 15203(b) of Pub. L. 99-272 provided that: ''The
amendments made by subsection (a) (amending this section) shall be
effective with respect to pay periods commencing on or after March
1, 1986.''
EFFECTIVE DATE OF 1979 AMENDMENTS
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section
3304 of Pub. L. 96-70, set out as an Effective Date note under
section 3601 of Title 22, Foreign Relations and Intercourse.
Amendment by Pub. L. 96-54 effective July 12, 1979, see section
2(b) of Pub. L. 96-54, set out as a note under section 305 of this
title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by section 408(a)(1) of Pub. L. 95-454 effective 9
months after Oct. 13, 1978, and congressional review of provisions
of sections 401 through 415 of Pub. L. 95-454, see section 415 of
Pub. L. 95-454, set out as an Effective Date note under section
3131 of this title.
Amendment by section 906(a)(2) of Pub. L. 95-454 effective 90
days after Oct. 13, 1978, see section 907 of Pub. L. 95-454, set
out as a note under section 1101 of this title.
-TRANS-
DELEGATION OF FUNCTIONS
Functions vested in Office of Personnel Management under this
section insofar as it affects officers and employees in or under
executive branch of government to be performed without approval of
President, see section 1(1) of Ex. Ord. No. 11228, June 14, 1965,
30 F.R. 7739, set out as a note under section 301 of Title 3, The
President.
-MISC5-
DETERMINATION OF HOURLY RATE
Pub. L. 97-253, title III, Sec. 310(b), Sept. 8, 1982, 96 Stat.
799, as amended by Pub. L. 97-346, Sec. 3(l), Oct. 15, 1982, 96
Stat. 1649; Pub. L. 98-117, Sec. 1, Oct. 11, 1983, 97 Stat. 802,
provided that:
''(1) Notwithstanding any other provision of law, effective with
respect to pay periods beginning in fiscal years 1984 and 1985, and
applicable in the case of an employee as defined in section 5504(b)
of title 5, United States Code (subsection (b) of this section),
any hourly rate derived under section 5504(b)(1) of title 5, United
States Code, shall be derived by dividing the annual rate of basic
pay by 2,087.
''(2) Paragraph (1) shall not apply in determining basic pay for
purposes of subchapter III of chapter 83 of title 5, United States
Code.
''(3) The Office of Personnel Management may prescribe
regulations necessary for the administration of this subsection
insofar as this subsection affects employees in or under an
Executive agency.
''(4) Notwithstanding any other provision of this subsection,
paragraph (1) shall not be effective with respect to pay periods
beginning before the effective date of any increase under section
5305 of title 5, United States Code, in the rates of pay under the
General Schedule and the rates of pay under the other statutory pay
systems for fiscal year 1984.''
(Section 2 of Pub. L. 98-117 provided that: ''The amendment made
by this Act (enacting par. (4) of this note) shall be effective as
of October 1, 1983.'')
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5332, 5505, 5545b of this
title; title 2 sections 142e, 142f, 142g, 142l, 1844, 1845; title
38 section 7423.
-CITE-
5 USC Sec. 5505 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 5505. Monthly pay periods; computation of pay
-STATUTE-
The pay period for an individual in the service of the United
States whose pay is monthly or annual covers one calendar month,
and the following rules for division of time and computation of pay
for services performed govern:
(1) A month's pay is one-twelfth of a year's pay.
(2) A day's pay is one-thirtieth of a month's pay.
(3) The 31st day of a calendar month is ignored in computing
pay, except that one day's pay is forfeited for one day's
unauthorized absence on the 31st day of a calendar month.
(4) For each day of the month elapsing before entering the
service, one day's pay is deducted from the first month's pay of
the individual.
This section does not apply to an employee whose pay is computed
under section 5504(b) of this title.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 476.)
-MISC1-
Historical and Revision Notes
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Derivation U.S. Code Revised Statutes and
Statutes at Large
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5 U.S.C. 84. June 30, 1906, ch.
3914, Sec. 6, 34
Stat. 763. June 30,
1945, ch. 212, Sec.
604(c) (2d
sentence), 59 Stat.
303.
-------------------------------
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 2 section 142e; title 26
section 7443.
-CITE-
5 USC Sec. 5506 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 5506. Computation of extra pay based on standard or daylight
saving time
-STATUTE-
When an employee as defined by section 2105 of this title or an
individual employed by the government of the District of Columbia
is entitled to extra pay for services performed between or after
certain named hours of the day or night, the extra pay is computed
on the basis of either standard or daylight saving time, depending
on the time observed by law, custom, or practice where the services
are performed.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 476.)
-MISC1-
Historical and Revision Notes
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Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 914. Sept. 7, 1949, ch.
538, Sec. 2, 63
Stat. 690.
-------------------------------
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-CITE-
5 USC Sec. 5507 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 5507. Officer affidavit; condition to pay
-STATUTE-
An officer required by section 3332 of this title to file an
affidavit may not be paid until the affidavit has been filed.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 21b. Dec. 11, 1926, ch.
4, Sec. 2, 44 Stat.
919.
-------------------------------
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-CITE-
5 USC Sec. 5508 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 5508. Officer entitled to leave; effect on pay status
-STATUTE-
An officer in the executive branch and an officer of the
government of the District of Columbia to whom subchapter I of
chapter 63 of this title applies are not entitled to the pay of
their offices solely because of their status as officers.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 2061(c)(1) July 2, 1953, ch.
(last sentence). 178, Sec. 1
''(c)(1) (last
sentence)'', 67
Stat. 136.
-------------------------------
The words ''including an officer of a corporation wholly owned or
controlled by the United States'' are omitted as unnecessary in
view of the definition of ''officer'' in section 2104.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-CITE-
5 USC Sec. 5509 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER I - GENERAL PROVISIONS
-HEAD-
Sec. 5509. Appropriations
-STATUTE-
There are authorized to be appropriated sums necessary to carry
out the provisions of this title.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477.)
-MISC1-
Historical and Revision Notes
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Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
(Uncodified). June 30, 1945, ch.
212, Sec. 609, 59
Stat. 306.
(Uncodified). Oct. 28, 1949, ch.
782, Sec. 1107, 63
Stat. 972.
(Uncodified). Sept. 30, 1950, ch.
1123, Sec. 13, 64
Stat. 1100.
42 U.S.C. 1370. Sept. 1, 1954, ch.
1212, Sec. 4(a)
''Sec. 1510'', 68
Stat. 1135.
(Uncodified). Sept. 6, 1960, Pub.
L. 86-707, Sec.
501(a), 74 Stat.
800.
-------------------------------
The remainder of the authority for this section is implied from
the statutes from which this title is derived.
MERIT SYSTEMS PROTECTION BOARD AND OFFICE OF SPECIAL COUNSEL;
AUTHORIZATION OF APPROPRIATIONS; RESTRICTION ON APPROPRIATIONS
Pub. L. 101-12, Sec. 8(a), (b), Apr. 10, 1989, 103 Stat. 34, as
amended by Pub. L. 103-424, Sec. 1, Oct. 29, 1994, 108 Stat. 4361;
Pub. L. 104-208, div. A, title I, Sec. 101(f) (title VI, Sec.
641(a), 642(a)), Sept. 30, 1996, 110 Stat. 3009-314, 3009-365; Pub.
L. 107-304, Sec. 2(a), (b), Nov. 27, 2002, 116 Stat. 2364, provided
that:
''(a) Authorization of Appropriations. - There are authorized to
be appropriated, out of any moneys in the Treasury not otherwise
appropriated -
''(1) for each of fiscal years 2003, 2004, 2005, 2006, and 2007
such sums as necessary to carry out subchapter I of chapter 12 of
title 5, United States Code (as amended by this Act); and
''(2) for each of fiscal years 2003, 2004, 2005, 2006, and 2007
such sums as necessary to carry out subchapter II of chapter 12
of title 5, United States Code (as amended by this Act).
''(b) Restriction Relating to Appropriations Under the Civil
Service Reform Act of 1978. - No funds may be appropriated to the
Merit Systems Protection Board or the Office of Special Counsel
pursuant to section 903 of the Civil Service Reform Act of 1978
(Pub. L. 95-454) (5 U.S.C. 5509 note).''
(Pub. L. 107-304, Sec. 2(c), Nov. 27, 2002, 116 Stat. 2364,
provided that: This section (amending section 8(a) of Pub. L.
101-12, set out above) shall be effective as of October 1, 2002.'')
(Pub. L. 104-208, div. A, title I, Sec. 101(f) (title VI, Sec.
641(b), 642(b)), Sept. 30, 1996, 110 Stat. 3009-314, 3009-365,
provided that the amendments made by section 101(f) (title VI, Sec.
641(a), 642(a)) of Pub. L. 104-208 (amending section 8(a) of Pub.
L. 101-12, set out above) were to be effective on Oct. 1, 1998.)
AUTHORIZATION OF APPROPRIATIONS
Pub. L. 95-454, title IX, Sec. 903, Oct. 13, 1978, 92 Stat. 1224,
provided that: ''There are authorized to be appropriated, out of
any moneys in the Treasury not otherwise appropriated, such sums as
may be necessary to carry out the provisions of this Act (For
classification of Pub. L. 95-454, see Tables).''
-CITE-
5 USC SUBCHAPTER II - WITHHOLDING PAY 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER II - WITHHOLDING PAY
.
-HEAD-
SUBCHAPTER II - WITHHOLDING PAY
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in title 15 section 78d.
-CITE-
5 USC Sec. 5511 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER II - WITHHOLDING PAY
-HEAD-
Sec. 5511. Withholding pay; employees removed for cause
-STATUTE-
(a) Except as provided by subsection (b) of this section, the
earned pay of an employee removed for cause may not be withheld or
confiscated.
(b) If an employee indebted to the United States is removed for
cause, the pay accruing to the employee shall be applied in whole
or in part to the satisfaction of any claim or indebtedness due the
United States.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 46a. Feb. 24, 1931, ch.
287, 46 Stat. 1415.
-------------------------------
In subsection (a), the words ''From and after February 24, 1931''
are omitted as executed. The word ''employee'' is coextensive with
and substituted for ''civil employee of the United States'' in view
of the definition of ''employee'' in section 2105.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-CITE-
5 USC Sec. 5512 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER II - WITHHOLDING PAY
-HEAD-
Sec. 5512. Withholding pay; individuals in arrears
-STATUTE-
(a) The pay of an individual in arrears to the United States
shall be withheld until he has accounted for and paid into the
Treasury of the United States all sums for which he is liable.
(b) When pay is withheld under subsection (a) of this section,
the employing agency, on request of the individual, his agent, or
his attorney, shall report immediately to the Attorney General the
balance due; and the Attorney General, within 60 days, shall order
suit to be commenced against the individual.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477; Pub. L. 92-310, title
II, Sec. 202, June 6, 1972, 86 Stat. 202; Pub. L. 104-316, title I,
Sec. 103(b), Oct. 19, 1996, 110 Stat. 3828.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 82. R.S. Sec. 1766.
-------------------------------
In subsection (b), reference to the ''General Accounting Office''
is substituted for ''accounting officers of the Treasury'' on
authority of the Act of June 10, 1921, ch. 18, title III, 42 Stat.
23. The words ''on request of'' are substituted for ''if required
to do so by'' as more accurately reflecting the intent. Reference
to the ''Attorney General'' is substituted for ''Solicitor of the
Treasury'' and ''Solicitor'' on authority of section 16 of the Act
of March 3, 1933, ch. 212, 47 Stat. 1517; section 5 of E.O. 6166,
June 10, 1933; and section 1 of 1950 Reorg. Plan No. 2, 64 Stat.
1261.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
AMENDMENTS
1996 - Subsec. (b). Pub. L. 104-316 substituted ''employing
agency'' for ''General Accounting Office''.
1972 - Subsec. (b). Pub. L. 92-310 struck out ''and his
sureties'' after ''against the individual''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 37 section 1007.
-CITE-
5 USC Sec. 5513 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER II - WITHHOLDING PAY
-HEAD-
Sec. 5513. Withholding pay; credit disallowed or charge raised for
payment
-STATUTE-
When the General Accounting Office, on a statement of the account
of a disbursing or certifying official of the United States,
disallows credit or raises a charge for a payment to an individual
in or under an Executive agency otherwise entitled to pay, the pay
of the payee shall be withheld in whole or in part until full
reimbursement is made under regulations prescribed by the head of
the Executive agency from which the payee is entitled to receive
pay. This section does not repeal or modify existing statutes
relating to the collection of the indebtedness of an accountable,
certifying, or disbursing official.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 46b. May 26, 1936, ch.
452, 49 Stat. 1374.
Aug. 3, 1950, ch.
515, 64 Stat. 393.
-------------------------------
The words ''On and after May 26, 1936'' are omitted as executed.
The word ''official'' is substituted for ''officer'' and
''officers'' as the definition of ''officer'' in section 2104
excludes a member of a uniformed service. The words ''from the
United States or from an agency or instrumentality thereof'' are
omitted as unnecessary.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-CITE-
5 USC Sec. 5514 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER II - WITHHOLDING PAY
-HEAD-
Sec. 5514. Installment deduction for indebtedness to the United
States
-STATUTE-
(a)(1) When the head of an agency or his designee determines that
an employee, member of the Armed Forces or Reserve of the Armed
Forces, is indebted to the United States for debts to which the
United States is entitled to be repaid at the time of the
determination by the head of an agency or his designee, or is
notified of such a debt by the head of another agency or his
designee the amount of indebtedness may be collected in monthly
installments, or at officially established pay intervals, by
deduction from the current pay account of the individual. The
deductions may be made from basic pay, special pay, incentive pay,
retired pay, retainer pay, or, in the case of an individual not
entitled to basic pay, other authorized pay. The amount deducted
for any period may not exceed 15 percent of disposable pay, except
that a greater percentage may be deducted upon the written consent
of the individual involved. If the individual retires or resigns,
or if his employment or period of active duty otherwise ends,
before collection of the amount of the indebtedness is completed,
deduction shall be made from subsequent payments of any nature due
the individual from the agency concerned. All Federal agencies to
which debts are owed and which have outstanding delinquent debts
shall participate in a computer match at least annually of their
delinquent debt records with records of Federal employees to
identify those employees who are delinquent in repayment of those
debts. The preceding sentence shall not apply to any debt under
the Internal Revenue Code of 1986. Matched Federal employee records
shall include, but shall not be limited to, records of active Civil
Service employees government-wide, military active duty personnel,
military reservists, United States Postal Service employees,
employees of other government corporations, and seasonal and
temporary employees. The Secretary of the Treasury shall establish
and maintain an interagency consortium to implement centralized
salary offset computer matching, and promulgate regulations for
this program. Agencies that perform centralized salary offset
computer matching services under this subsection are authorized to
charge a fee sufficient to cover the full cost for such services.
(2) Except as provided in paragraph (3) of this subsection, prior
to initiating any proceedings under paragraph (1) of this
subsection to collect any indebtedness of an individual, the head
of the agency holding the debt or his designee, shall provide the
individual with -
(A) a minimum of thirty days written notice, informing such
individual of the nature and amount of the indebtedness
determined by such agency to be due, the intention of the agency
to initiate proceedings to collect the debt through deductions
from pay, and an explanation of the rights of the individual
under this subsection;
(B) an opportunity to inspect and copy Government records
relating to the debt;
(C) an opportunity to enter into a written agreement with the
agency, under terms agreeable to the head of the agency or his
designee, to establish a schedule for the repayment of the debt;
and
(D) an opportunity for a hearing on the determination of the
agency concerning the existence or the amount of the debt, and in
the case of an individual whose repayment schedule is established
other than by a written agreement pursuant to subparagraph (C),
concerning the terms of the repayment schedule.
A hearing, described in subparagraph (D), shall be provided if the
individual, on or before the fifteenth day following receipt of the
notice described in subparagraph (A), and in accordance with such
procedures as the head of the agency may prescribe, files a
petition requesting such a hearing. The timely filing of a
petition for hearing shall stay the commencement of collection
proceedings. A hearing under subparagraph (D) may not be conducted
by an individual under the supervision or control of the head of
the agency, except that nothing in this sentence shall be construed
to prohibit the appointment of an administrative law judge. The
hearing official shall issue a final decision at the earliest
practicable date, but not later than sixty days after the filing of
the petition requesting the hearing.
(3) Paragraph (2) shall not apply to routine intra-agency
adjustments of pay that are attributable to clerical or
administrative errors or delays in processing pay documents that
have occurred within the four pay periods preceding the adjustment
and to any adjustment that amounts to $50 or less, if at the time
of such adjustment, or as soon thereafter as practical, the
individual is provided written notice of the nature and the amount
of the adjustment and a point of contact for contesting such
adjustment.
(4) The collection of any amount under this section shall be in
accordance with the standards promulgated pursuant to sections 3711
and 3716-3718 of title 31 or in accordance with any other statutory
authority for the collection of claims of the United States or any
agency thereof.
(5) For purposes of this subsection -
(A) ''disposable pay'' means that part of pay of any individual
remaining after the deduction from those earnings of any amounts
required by law to be withheld; and
(B) ''agency'' includes executive departments and agencies, the
United States Postal Service, the Postal Rate Commission, the
United States Senate, the United States House of Representatives,
and any court, court administrative office, or instrumentality in
the judicial or legislative branches of the Government, and
government corporations.
(b)(1) The head of each agency shall prescribe regulations,
subject to the approval of the President, to carry out this section
and section 3530(d) of title 31. Regulations prescribed by the
Secretaries of the military departments shall be uniform for the
military services insofar as practicable.
(2) For purposes of section 7117(a) of this title, no regulation
prescribed to carry out subsection (a)(2) of this section shall be
considered to be a Government-wide rule or regulation.
(c) Subsection (a) of this section does not modify existing
statutes which provide for forfeiture of pay or allowances. This
section and section 3530(d) of title 31 do not repeal, modify, or
amend section 4837(d) or 9837(d) of title 10 or section 1007(b),
(c) of title 37.
(d) A levy pursuant to the Internal Revenue Code of 1986 shall
take precedence over other deductions under this section.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477; Pub. L. 96-54, Sec.
2(a)(2), Aug. 14, 1979, 93 Stat. 381; Pub. L. 97-258, Sec.
3(a)(12), Sept. 13, 1982, 96 Stat. 1063; Pub. L. 97-365, Sec. 5,
Oct. 25, 1982, 96 Stat. 1751; Pub. L. 97-452, Sec. 2(a)(2), Jan.
12, 1983, 96 Stat. 2478; Pub. L. 98-216, Sec. 3(a)(4), Feb. 14,
1984, 98 Stat. 6; Pub. L. 104-134, title III, Sec. 31001(h), Apr.
26, 1996, 110 Stat. 1321-363.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 46d. July 15, 1954, ch.
509, Sec. 1, 2, 4,
68 Stat. 482, 483.
5 U.S.C. 46e.
-------------------------------
In subsection (a), the words ''head of the agency concerned'' are
substituted for ''Secretary of the department concerned or the head
of the agency or independent establishment concerned, or one of
their designees''. The words ''an employee, a member of the armed
forces, or a Reserve of the armed forces'' are coextensive with and
substituted for ''an employee of the United States or any member of
the Army, Navy, Air Force, Marine Corps, or Coast Guard, or a
reserve component thereof'' in view of the definitions in sections
2101 and 2105. The words ''basic compensation'' are omitted as
included in ''basic pay''.
In subsection (b), the words ''head of each agency'' are
substituted for ''Each Secretary of a department, or head of an
agency or independent establishment, as appropriate''. The words
''Secretaries of the military departments'' are substituted for
''Secretaries of the Army, Navy, and Air Force'' to conform to the
definition of ''military department'' in section 102.
In subsection (c), the words ''section 4837(d) or 9837(d) of
title 10 or section 1007(b), (c) of title 37'' are substituted for
''the provisions of the Act of May 22, 1928 (ch. 676, 45 Stat.
698)'' in section 4 of the Act of July 15, 1954, on authority of
the Acts of Aug. 10, 1956, ch. 1041, Sec. 49(b), 70A Stat. 640, and
Sept. 7, 1962, Pub. L. 87-649, Sec. 12(b), 76 Stat. 497.
-REFTEXT-
REFERENCES IN TEXT
The Internal Revenue Code of 1986, referred to in subsecs. (a)(1)
and (d), is classified generally to Title 26, Internal Revenue
Code.
-MISC2-
AMENDMENTS
1996 - Subsec. (a)(1). Pub. L. 104-134, Sec. 31001(h)(A)(i),
inserted at end ''All Federal agencies to which debts are owed and
which have outstanding delinquent debts shall participate in a
computer match at least annually of their delinquent debt records
with records of Federal employees to identify those employees who
are delinquent in repayment of those debts. The preceding sentence
shall not apply to any debt under the Internal Revenue Code of
1986. Matched Federal employee records shall include, but shall not
be limited to, records of active Civil Service employees
government-wide, military active duty personnel, military
reservists, United States Postal Service employees, employees of
other government corporations, and seasonal and temporary
employees. The Secretary of the Treasury shall establish and
maintain an interagency consortium to implement centralized salary
offset computer matching, and promulgate regulations for this
program. Agencies that perform centralized salary offset computer
matching services under this subsection are authorized to charge a
fee sufficient to cover the full cost for such services.''
Subsec. (a)(3), (4). Pub. L. 104-134, Sec. 31001(h)(A)(ii),
(iii), added par. (3) and redesignated former pars. (3) and (4) as
(4) and (5), respectively.
Subsec. (a)(5). Pub. L. 104-134, Sec. 31001(h)((A)(ii),
redesignated par. (4) as (5).
Subsec. (a)(5)(B). Pub. L. 104-134, Sec. 31001(h)(A)(iv), amended
subpar. (B) generally. Prior to amendment, subpar. (B) read as
follows: '' 'agency' includes the United States Postal Service and
the Postal Rate Commission.''
Subsec. (d). Pub. L. 104-134, Sec. 31001(h)(B), added subsec.
(d).
1984 - Subsec. (c). Pub. L. 98-216 substituted ''section
3530(d)'' for ''section 581d''.
1983 - Subsec. (a)(3). Pub. L. 97-452 substituted ''sections 3711
and 3716-3718 of title 31'' for ''the Federal Claims Collection Act
of 1966 (31 U.S.C. 951 et seq.)''.
1982 - Pub. L. 97-365, Sec. 5(c), substituted ''indebtedness to
the United States'' for ''indebtedness because of erroneous
payment'' in section catchline.
Subsec. (a). Pub. L. 97-365, Sec. 5(a), designated existing
provisions as par. (1), in par. (1) as so designated substituted
provisions relating to debts to which the United States is entitled
to be repaid for provisions which had related to an indebtedness to
the United States because of an erroneous payment made by an agency
to or on behalf of an individual, inserted provisions relating to
the notification of a debt by the head of another agency or his
designee, substituted provisions authorizing the deduction of not
to exceed 15 percent of disposable pay for provisions which had
authorized the deduction of not to exceed two-thirds of the pay
from which the deduction was made, and added pars. (2), (3), and
(4).
Subsec. (b). Pub. L. 97-365, Sec. 5(b), designated existing
provisions as par. (1) and added par. (2).
Pub. L. 97-258 substituted ''section 3530(d)'' for ''section
581d''.
1979 - Subsec. (b). Pub. L. 96-54 substituted ''President'' for
''Director of the Bureau of the Budget''.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-54 effective July 12, 1979, see section
2(b) of Pub. L. 96-54, set out as a note under section 305 of this
title.
SHORT TITLE OF 1982 AMENDMENT
Section 1 of Pub. L. 97-365 provided: ''That this Act (enacting
sections 954 and 955 of former Title 31, Money and Finance,
amending this section and section 552a of this title, section 1114
of Title 18, Crimes and Criminal Procedure, sections 6103 and 7213
of Title 26, Internal Revenue Code, section 2415 of Title 28,
Judiciary and Judicial Procedure, and sections 484, 951, and 952 of
former Title 31, and enacting provisions set out as notes under
this section and section 6103 of Title 26) may be cited as the
'Debt Collection Act of 1982'.''
-TRANS-
DELEGATION OF FUNCTIONS
Authority of President under subsec. (b) of this section to
approve regulations prescribed by head of each agency to carry out
this section and section 581d of Title 31, Money and Finance (31
U.S.C. 3530(d)), relating to installment deductions from pay for
indebtedness because of erroneous payment, delegated to Office of
Personnel Management, see section 8(1) of Ex. Ord. No. 11609, July
22, 1971, 36 F.R. 13747, set out as a note under section 301 of
Title 3, The President.
-MISC5-
IMPROVEMENTS IN DEBT COLLECTION PROCEDURES UNDER 1982 AMENDMENTS AS
CONTAINED IN DEBT COLLECTION ACT OF 1982 INAPPLICABLE TO CLAIMS OR
INDEBTEDNESS UNDER INTERNAL REVENUE CODE, SOCIAL SECURITY ACT, OR
TARIFF LAWS
Section 8(e) of Pub. L. 97-365, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ''Except as
otherwise provided in section 4 or 7 or the foregoing provisions of
this section (amending sections 6103 and 7213 of Title 26, Internal
Revenue Code, and enacting provisions set out as notes under
section 6103 of Title 26), nothing in this Act (or in the
amendments made by this Act) (see Short Title of 1982 Amendment
note above) shall apply to claims or indebtedness arising under, or
amounts payable under, the Internal Revenue Code of 1986 (Title
26), the Social Security Act (section 301 et seq. of Title 42, The
Public Health and Welfare), or the tariff laws of the United States
(Title 19, Customs Duties).''
COLLECTION OF INDEBTEDNESS OF EMPLOYEES OF FEDERAL GOVERNMENT
RESULTING FROM ACTION OR SUIT BROUGHT AGAINST EMPLOYEE BY UNITED
STATES
Pub. L. 97-276, Sec. 124, Oct. 2, 1982, 96 Stat. 1195, provided
that: ''Notwithstanding any other provision of this joint
resolution (Pub. L. 97-276), in the case of any employee of the
Federal Government who is indebted to the United States, as
determined by a court of the United States in an action or suit
brought against such employee by the United States, the amount of
the indebtedness may be collected in monthly installments, or at
officially established regular pay period intervals, by deduction
in reasonable amounts from the current pay account of the
individual. The deductions may be made only from basic pay,
special pay, incentive pay, or, in the case of an individual not
entitled to basic pay, other authorized pay. Collection shall be
made over a period not greater than the anticipated period of
employment. The amount deducted for any period may not exceed
one-fourth of the pay from which the deduction is made, unless the
deduction of a greater amount is necessary to make the collection
within the period of anticipated employment. If the individual
retires or resigns, or if his employment otherwise ends, before
collection of the amount of the indebtedness is completed,
deduction shall be made from later payments of any nature due to
the individual from the United States Treasury.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 2 section 60c-5; title 7
sections 2020, 2022; title 10 section 1055; title 16 section 470m;
title 22 section 3664; title 42 sections 292r, 297b, 404, 1383.
-CITE-
5 USC Sec. 5515 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER II - WITHHOLDING PAY
-HEAD-
Sec. 5515. Crediting amounts received for jury or witness service
-STATUTE-
An amount received by an employee as defined by section 2105 of
this title (except an individual whose pay is disbursed by the
Secretary of the Senate or the Chief Administrative Officer of the
House of Representatives) or an individual employed by the
government of the District of Columbia for service as a juror or
witness during a period for which he is entitled to leave under
section 6322(a) of this title, or is performing official duty under
section 6322(b) of this title, shall be credited against pay
payable to him by the United States or the District of Columbia
with respect to that period.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 478; Pub. L. 91-563, Sec.
2(a), Dec. 19, 1970, 84 Stat. 1476; Pub. L. 104-186, title II, Sec.
215(5), Aug. 20, 1996, 110 Stat. 1745.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 30p. June 29, 1940, ch.
446, Sec. 3, 54
Stat. 689.
-------------------------------
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
AMENDMENTS
1996 - Pub. L. 104-186 substituted ''Chief Administrative
Officer'' for ''Clerk''.
1970 - Pub. L. 91-563 substituted ''jury or witness service'' for
''jury service in State courts'' in section catchline.
Pub. L. 91-563 authorized crediting of amounts received for jury
service in courts in the District of Columbia and in territories or
possessions of the United States, included amounts received for
service as a witness or when performing official duty under section
6322(b) of this title, and excepted individuals whose pay is
disbursed by the Secretary of the Senate or the Clerk of the House
of Representatives.
-CITE-
5 USC Sec. 5516 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER II - WITHHOLDING PAY
-HEAD-
Sec. 5516. Withholding District of Columbia income taxes
-STATUTE-
(a) The Secretary of the Treasury, under regulations prescribed
by the President, shall enter into an agreement with the Mayor of
the District of Columbia within 120 days of a request for agreement
from the Mayor. The agreement shall provide that the head of each
agency of the United States shall comply with the requirements of
subchapter II of chapter 15 of title 47, District of Columbia Code,
in the case of employees of the agency who are subject to income
taxes imposed by that subchapter and whose regular place of
employment is within the District of Columbia. The agreement may
not apply to pay of an employee who is not a resident of the
District of Columbia as defined in subchapter II of chapter 15 of
title 47, District of Columbia Code. In the case of pay for service
as a member of the armed forces, the second sentence of this
subsection shall be applied by substituting ''who are residents of
the District of Columbia'' for ''whose regular place of employment
is within the District of Columbia''. For the purpose of this
subsection, ''employee'' has the meaning given it by section
1551c(z) of title 47, District of Columbia Code.
(b) This section does not give the consent of the United States
to the application of a statute which imposes more burdensome
requirements on the United States than on other employers, or which
subjects the United States or its employees to a penalty or
liability because of this section.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 478; Pub. L. 90-623, Sec.
1(9), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 94-455, title XII, Sec.
1207(a)(2), Oct. 4, 1976, 90 Stat. 1705; Pub. L. 96-54, Sec.
2(a)(30), Aug. 14, 1979, 93 Stat. 383.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
(Uncodified). Mar. 31, 1956, ch.
154, Sec. 11
''(k)'', 70 Stat.
77.
-------------------------------
Section 2(c) ''(z)'' of the Act of Mar. 31, 1956, 70 Stat. 68
(section 1551c(z) of title 47, District of Columbia Code) contains
a definition of ''employee'' that is applicable to this section.
Accordingly, the last sentence of subsection (a) is added to
preserve the application of the source law.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
AMENDMENTS
1979 - Subsec. (a). Pub. L. 96-54 substituted ''Mayor'' for
''Commissioner'' wherever appearing.
1976 - Pub. L. 94-455 struck out ''pay for service as a member of
the armed forces, or to'' after ''The agreement may not apply to''
and inserted provision that in the case of service as a member of
the armed forces, the second sentence shall be applied by
substituting ''who are residents of the District of Columbia'' for
''whose regular place of employment is within the District of
Columbia''.
1968 - Subsec. (a). Pub. L. 90-623 substituted ''Commissioner''
for ''Commissioners'' in two places.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-54 effective July 12, 1979, see section
2(b) of Pub. L. 96-54, set out as a note under section 305 of this
title.
EFFECTIVE DATE OF 1976 AMENDMENT
Section 1207(f)(1) of Pub. L. 94-455 provided that: ''The
amendments made by subsection (a) (amending this section and
section 5517 of this title) shall apply to wages withheld after the
120-day period following any request for an agreement after the
date of the enactment of this Act (Oct. 4, 1976).''
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-623 intended to restate without
substantive change the law in effect on Oct. 22, 1968, see section
6 of Pub. L. 90-623, set out as a note under section 5334 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5517 of this title.
-CITE-
5 USC Sec. 5517 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER II - WITHHOLDING PAY
-HEAD-
Sec. 5517. Withholding State income taxes
-STATUTE-
(a) When a State statute -
(1) provides for the collection of a tax either by imposing on
employers generally the duty of withholding sums from the pay of
employees and making returns of the sums to the State, or by
granting to employers generally the authority to withhold sums
from the pay of employees if any employee voluntarily elects to
have such sums withheld; and
(2) imposes the duty or grants the authority to withhold
generally with respect to the pay of employees who are residents
of the State;
the Secretary of the Treasury, under regulations prescribed by the
President, shall enter into an agreement with the State within 120
days of a request for agreement from the proper State official.
The agreement shall provide that the head of each agency of the
United States shall comply with the requirements of the State
withholding statute in the case of employees of the agency who are
subject to the tax and whose regular place of Federal employment is
within the State with which the agreement is made. In the case of
pay for service as a member of the armed forces, the preceding
sentence shall be applied by substituting ''who are residents of
the State with which the agreement is made'' for ''whose regular
place of Federal employment is within the State with which the
agreement is made''.
(b) This section does not give the consent of the United States
to the application of a statute which imposes more burdensome
requirements on the United States than on other employers, or which
subjects the United States or its employees to a penalty or
liability because of this section. An agency of the United States
may not accept pay from a State for services performed in
withholding State income taxes from the pay of the employees of the
agency.
(c) For the purpose of this section, ''State'' means a State,
territory, possession, or commonwealth of the United States.
(d) For the purpose of this section and sections 5516 and 5520,
the terms ''serve as a member of the armed forces'' and ''service
as a member of the Armed Forces'' include -
(1) participation in exercises or the performance of duty under
section 502 of title 32, United States Code, by a member of the
National Guard; and
(2) participation in scheduled drills or training periods, or
service on active duty for training, under section 10147 of title
10, United States Code, by a member of the Ready Reserve.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 478; Pub. L. 94-455, title
XII, Sec. 1207(a)(1), (b), (c), Oct. 4, 1976, 90 Stat. 1704, 1705;
Pub. L. 100-180, div. A, title V, Sec. 505(1), Dec. 4, 1987, 101
Stat. 1086; Pub. L. 103-337, div. A, title XVI, Sec. 1677(a)(1),
Oct. 5, 1994, 108 Stat. 3019; Pub. L. 105-34, title XIV, Sec.
1462(a), Aug. 5, 1997, 111 Stat. 1057.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 84b. July 17, 1952, ch.
940, Sec. 1, 66
Stat. 765.
Sept. 23, 1959, Pub.
L. 86-371 ''Sec.
1'', 73 Stat. 653.
5 U.S.C. 84c. July 17, 1952, ch.
940, Sec. 2, 66
Stat. 766.
Sept. 23, 1959, Pub.
L. 86-371 ''Sec.
2'', 73 Stat. 653.
-------------------------------
In subsection (b), the words ''after March 31, 1959'' are omitted
as executed.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
AMENDMENTS
1997 - Subsec. (c). Pub. L. 105-34 substituted '', territory,
possession, or commonwealth'' for ''or territory or possession''.
1994 - Subsec. (d)(2). Pub. L. 103-337 substituted ''section
10147'' for ''section 270(a)''.
1987 - Subsec. (d). Pub. L. 100-180 struck out ''do not'' before
''include''.
1976 - Subsec. (a). Pub. L. 94-455, Sec. 1207(a)(1), (c),
inserted in par. (1) provision relating to the grant to employers
of the authority to withhold sums from the pay of employees if any
employee voluntarily elects to have such sums withheld, inserted in
par. (2) ''or grants the authority'' after ''imposes the duty'',
and substituted in text following par. (2) provisions that in the
case of pay for service as a member of the armed forces, the
preceding sentence shall be applied by substituting ''who are
residents of the State with which the agreement is made'' for
''whose regular place of Federal employment is within the State
with which the agreement is made'' for provision that the agreement
may not apply to pay for service as a member of the armed forces.
Subsec. (d). Pub. L. 94-455, Sec. 1207(b), added subsec. (d).
EFFECTIVE DATE OF 1997 AMENDMENT
Section 1462(b) of Pub. L. 105-34 provided that: ''The amendment
made by subsection (a) (amending this section) shall take effect on
January 1, 1998.''
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-337 effective Dec. 1, 1994, except as
otherwise provided, see section 1691 of Pub. L. 103-337, set out as
an Effective Date note under section 10001 of Title 10, Armed
Forces.
EFFECTIVE DATE OF 1976 AMENDMENT
Amendment by section 1207(a)(1) of Pub. L. 94-455 applicable to
wages withheld after the 120-day period following any request for
an agreement after Oct. 4, 1976, see section 1207(f)(1) of Pub. L.
94-455, set out as a note under section 5516 of this title.
Section 1207(f)(2) of Pub. L. 94-455 provided that: ''The
amendments made by subsections (b) and (c) (amending this section)
shall apply to wages withheld after the 120-day period following
the date of the enactment of this Act (Oct. 4, 1976).''
-EXEC-
EXECUTIVE ORDER NO. 10407
Ex. Ord. No. 10407, Nov. 7, 1952, 17 F.R. 10132, which related to
regulations governing agreements concerning withholding of state or
territorial income taxes, was revoked by Ex. Ord. No. 11968, Jan.
31, 1977, 42 F.R. 6787, formerly set out as a note under section
5520 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5520 of this title.
-CITE-
5 USC Sec. 5518 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER II - WITHHOLDING PAY
-HEAD-
Sec. 5518. Deductions for State retirement systems; National Guard
employees
-STATUTE-
When -
(1) a State statute provides for the payment of employee
contributions to a State employee retirement system or to a State
sponsored plan providing retirement, disability, or death
benefits, by withholding sums from the pay of State employees and
making returns of the sums withheld to State authorities or to
the person or organization designated by State authorities to
receive sums withheld for the program; and
(2) individuals employed by the Army National Guard and the Air
National Guard, except employees of the National Guard Bureau,
are eligible for membership in a State employee retirement system
or other State sponsored plan;
the Secretary of Defense, under regulations prescribed by the
President, shall enter into an agreement with the State within 120
days of a request for agreement from the proper State official.
The agreement shall provide that the Department of Defense shall
comply with the requirements of State statute as to the individuals
named by paragraph (2) of this section who are eligible for
membership in the State employee retirement system. The disbursing
officials paying these individuals shall withhold and pay to the
State employee retirement system or to the person or organization
designated by State authorities to receive sums withheld for the
program the employee contributions for these individuals. For the
purpose of this section, ''State'' means a State or territory or
possession of the United States including the Commonwealth of
Puerto Rico.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 479.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 84d. June 15, 1956, ch.
390, 70 Stat. 283.
Sept. 13, 1961,
Pub. L. 87-224,
Sec. 1, 75 Stat.
496.
-------------------------------
The words ''individuals employed by'' and the word
''individuals'' are substituted for ''civilian employees of'' and
''employees'', respectively, in view of the definition of
''employee'' in section 2105 which is limited to those employed by
the Government of the United States. The word ''civilian'' is
omitted as unnecessary as military personnel are not ''employed''.
The words ''disbursing officials'' are substituted for ''disbursing
officers'' as the definition of ''officer'' in section 2104
excludes a member of a uniformed service.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-EXEC-
EX. ORD. NO. 10996. WITHHOLDING OF COMPENSATION FOR STATE AND
STATE-SPONSORED EMPLOYEE RETIREMENT, DISABILITY, OR DEATH BENEFITS
PROGRAMS
Ex. Ord. No. 10996, Feb. 16, 1962, 27 F.R. 1521, provided:
By virtue of the authority vested in me by the act of June 15,
1956, as amended, 75 Stat. 496 (5 U.S.C. 84d) (now this section),
and by section 301 of title 3 of the United States Code, and as
President of the United States, it is ordered as follows:
Section 1. As used in this order, the term:
(a) ''Employees'' means civilian employees of the Army National
Guard or Air National Guard of a State who are employed pursuant to
section 709 of title 32 of the United States Code, and paid from
Federal, appropriated funds.
(b) ''State'' means one of the United States, the Commonwealth of
Puerto Rico, and any territory of the United States.
Sec. 2. Each agreement between the Secretary of Defense and the
Governor or other proper official of a State, pursuant to the
provisions of the act of June 15, 1956, as amended, with respect to
withholding of compensation of certain civilian employees of the
Army National Guard and the Air National Guard for purposes of
State or State-sponsored employee retirement, disability, or death
benefits systems, shall be entered into by the Secretary of Defense
within one hundred and twenty days of the receipt of a request
therefor by the Secretary from the Governor or any other proper
official of any State; Provided, that -
(a) the law of such State provides for the payment of employee
contributions to such State or State-sponsored employee retirement,
disability, or death benefits systems by withholding sums from the
compensation of such State employees and making returns of such
sums to officials of such State or organization designated by such
officials to receive sums withheld for such programs;
(b) civilian employees of the Army National Guard and the Air
National Guard, other than those employed by the National Guard
Bureau, are eligible for membership in a State retirement,
disability, or death benefits system; and
(c) each such agreement is consistent with the provisions of the
said act of June 15, 1956, as amended, and of rules and regulations
issued thereunder, and contains a clause that it shall be subject
to any amendments of the said act, including amendments occurring
after the effective date of such agreement.
Sec. 3. Each such agreement shall:
(a) Provide that the Secretary of the Army with respect to
civilian employees of the Army National Guard, and the Secretary of
the Air Force with respect to civilian employees of the Air
National Guard, shall comply with the requirements of such State
law in the case of employee subject to the said act of June 15,
1956, as amended, who are eligible for membership in such
retirement, disability, or death benefits system for State
employees;
(b) Specify when the withholding of sums from the compensation of
such State employees shall commence; and
(c) Provide for procedures for the withholding, the filing of the
returns, and the payment of the sums withheld from compensation to
the officials of the State, or organization designated by such
officials to receive sums withheld for such programs, which
procedures shall conform, so far as practicable, to the usual
fiscal practices of the Department of the Army and the Department
of the Air Force, respectively.
Sec. 4. The Secretary of the Army with respect to civilian
employees of the Army National Guard, and the Secretary of the Air
Force with respect to civilian employees of the Air National Guard,
shall designate, or provide for the designation of, the officers or
employees whose duty it shall be to withhold sums from
compensation, file required returns, and direct the payment of sums
so withheld, in accordance with the terms of the agreements entered
into between the Secretary of Defense and the States.
Sec. 5. Nothing in this order, or in rules or regulations issued
thereunder, or in any agreement entered into pursuant thereto,
shall be construed as giving consent to the application of any
provision of law of any State which has the effect of imposing more
burdensome requirements upon the United States than it imposes upon
departments, agencies, or political subdivisions of the State
concerned, with respect to employees thereof who are members of the
State or State-sponsored retirement, disability, or death benefits
system, or which has the effect of subjecting the United States or
any of its officers or employees to any penalty or liability.
Sec. 6. I hereby delegate to the Secretary of Defense authority
to prescribe such rules and regulations, not inconsistent herewith,
as may be necessary to effectuate further the provisions of the
said act of June 15, 1956, as amended, or of this order.
Sec. 7. Except to the extent that they may be inconsistent with
this order, all determinations, authorizations, regulations,
rulings, certificates, orders, directives, contracts, agreements,
and other actions made, issued, or entered into with respect to any
function affected by this order and not revoked, superseded, or
otherwise made inapplicable before the date of this order, shall
continue in full force and effect until amended, modified, or
terminated by appropriate authority.
Sec. 8. This order supersedes Executive Order No. 10679 of
September 20, 1956. John F. Kennedy.
-CITE-
5 USC Sec. 5519 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER II - WITHHOLDING PAY
-HEAD-
Sec. 5519. Crediting amounts received for certain Reserve or
National Guard service
-STATUTE-
An amount (other than a travel, transportation, or per diem
allowance) received by an employee or individual for military
service as a member of the Reserve or National Guard for a period
for which he is granted military leave under section 6323(b) or (c)
shall be credited against the pay payable to the employee or
individual with respect to his civilian position for that period.
-SOURCE-
(Added Pub. L. 90-588, Sec. 2(b), Oct. 17, 1968, 82 Stat. 1152;
amended Pub. L. 102-378, Sec. 2(39), Oct. 2, 1992, 106 Stat. 1351;
Pub. L. 104-106, div. A, title V, Sec. 516(b), Feb. 10, 1996, 110
Stat. 309.)
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-106 substituted ''granted military leave'' for
''entitled to leave''.
1992 - Pub. L. 102-378 substituted ''6323(b) or (c)'' for
''6323(c) or (d) of this title''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 6323 of this title.
-CITE-
5 USC Sec. 5520 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER II - WITHHOLDING PAY
-HEAD-
Sec. 5520. Withholding of city or county income or employment taxes
-STATUTE-
(a) When a city or county ordinance -
(1) provides for the collection of a tax by imposing on
employers generally the duty of withholding sums from the pay of
employees and making returns of the sums to a designated city or
county officer, department, or instrumentality; and
(2) imposes the duty to withhold generally on the payment of
compensation earned within the jurisdiction of the city or county
in the case of employees whose regular place of employment is
within such jurisdiction;
the Secretary of the Treasury, under regulations prescribed by the
President, shall enter into an agreement with the city or county
within 120 days of a request for agreement by the proper city or
county official. The agreement shall provide that the head of each
agency of the United States shall comply with the requirements of
the city or county ordinance in the case of any employee of the
agency who is subject to the tax and (i) whose regular place of
Federal employment is within the jurisdiction of the city or county
with which the agreement is made or (ii) is a resident of such city
or county. The agreement may not apply to pay for service as a
member of the Armed Forces (other than service described in section
5517(d) of this title). The agreement may not permit withholding
of a city or county tax from the pay of an employee who is not a
resident of, or whose regular place of Federal employment is not
within, the State in which that city or county is located unless
the employee consents to the withholding.
(b) This section does not give the consent of the United States
to the application of an ordinance which imposes more burdensome
requirements on the United States than on other employers or which
subjects the United States or its employees to a penalty or
liability because of this section. An agency of the United States
may not accept pay from a city or county for services performed in
withholding city or county income or employment taxes from the pay
of employees of the agency.
(c) For the purpose of this section -
(1) ''city'' means any unit of general local government which -
(A) is classified as a municipality by the Bureau of the
Census, or
(B) is a town or township which, in the determination of the
Secretary of the Treasury -
(i) possesses powers and performs functions comparable to
those associated with municipalities,
(ii) is closely settled, and
(iii) contains within its boundaries no incorporated
places, as defined by the Bureau of the Census,
within the political boundaries of which 500 or more persons are
regularly employed by all agencies of the Federal Government;
(2) ''county'' means any unit of local general government which
is classified as a county by the Bureau of the Census and within
the political boundaries of which 500 or more persons are
regularly employed by all agencies of the Federal Government;
(3) ''ordinance'' means an ordinance, order, resolution, or
similar instrument which is duly adopted and approved by a city
or county in accordance with the constitution and statutes of the
State in which it is located and which has the force of law
within such city or county; and
(4) ''agency'' means -
(A) an Executive agency;
(B) the judicial branch; and
(C) the United States Postal Service.
-SOURCE-
(Added Pub. L. 93-340, Sec. 1(a), July 10, 1974, 88 Stat. 294;
amended Pub. L. 94-358, Sec. 1, July 12, 1976, 90 Stat. 910; Pub.
L. 95-30, title IV, Sec. 408(a), May 23, 1977, 91 Stat. 157; Pub.
L. 95-365, Sec. 1, Sept. 15, 1978, 92 Stat. 599; Pub. L. 100-180,
div. A, title V, Sec. 505(2), Dec. 4, 1987, 101 Stat. 1086.)
-MISC1-
AMENDMENTS
1987 - Subsec. (a). Pub. L. 100-180 inserted ''(other than
service described in section 5517(d) of this title)'' after ''Armed
Forces'' in penultimate sentence.
1978 - Subsec. (a). Pub. L. 95-365 designated existing provisions
as cl. (i), inserted '', or whose regular place of Federal
employment is not within,'' after ''not a resident of'', and added
cl. (ii).
1977 - Pub. L. 95-30, Sec. 408(a)(1), inserted ''or county''
after ''city'' in section catchline.
Subsec. (a). Pub. L. 95-30, Sec. 408(a)(2), (3), substituted
''city or county'' for ''city'' in introductory provisions
preceding par. (1), in par. (2), and in provisions following par.
(2), and, in par. (1), substituted ''a designated city or county
officer, department, or instrumentality'' for ''the city''.
Subsec. (b). Pub. L. 95-30, Sec. 408(a)(2), substituted ''city or
county'' for ''city''.
Subsec. (c). Pub. L. 95-30, Sec. 408(a)(4), (5), added pars. (2)
and (3) and redesignated former par. (2) as (4).
1976 - Subsec. (c)(1). Pub. L. 94-358 substituted provision
defining a city, for purposes of this section, as any unit of
general local government which is classified a municipality by the
Bureau of the Census, or is a town or township which in the opinion
of the Secretary of the Treasury possesses powers and performs
functions comparable to those associated with municipalities, is
closely settled, and contains within its boundaries no incorporated
places, as defined by the Bureau of the Census, within the
political boundaries of which five hundred or more persons are
regularly employed by all agencies of the Federal Government, for
provision defining a city, for purposes of this section, as a city
which is duly incorporated under the laws of a State and within the
political boundaries of which five hundred or more persons are
regularly employed by all agencies of the Federal Government.
EFFECTIVE DATE OF 1978 AMENDMENT
Section 2 of Pub. L. 95-365 provided that: ''The amendments made
by the first section of this Act (amending this section) shall take
effect on the 90th day after the date of the enactment of this Act
(Sept. 15, 1978).''
EFFECTIVE DATE OF 1977 AMENDMENT
Section 408(c) of Pub. L. 95-30 provided that: ''The amendments
made by this section (amending this section) shall take effect on
the date of enactment of this Act (May 23, 1977).''
EFFECTIVE DATE OF 1976 AMENDMENT
Section 2 of Pub. L. 94-358 provided that: ''The amendment made
by the first section of this Act (amending this section) shall take
effect on the date of the enactment of this Act (July 12, 1976).''
EFFECTIVE DATE
Section 3 of Pub. L. 93-340 provided that: ''This section shall
become effective on the date of enactment of this Act (July 10,
1974). The provisions of the first section and section 2 of this
Act (enacting this section and amending section 410 of Title 39,
Postal Service) shall become effective on the ninetieth day
following the date of enactment.''
-EXEC-
EXECUTIVE ORDER NO. 11833
Ex. Ord. No. 11833, Jan. 13, 1975, 40 F.R. 2673, which related to
the withholding of city income or employment taxes by Federal
agencies, was revoked by Ex. Ord. No. 11863, June 12, 1975, 40 F.R.
25413, formerly set out below.
EXECUTIVE ORDER NO. 11863
Ex. Ord. No. 11863, June 12, 1975, 40 F.R. 25431, which related
to the withholding of city income or employment taxes by Federal
agencies, was revoked by Ex. Ord. No. 11968, Jan. 31, 1977, 42 F.R.
6787, formerly set out below.
EXECUTIVE ORDER NO. 11968
Ex. Ord. No. 11968, Jan. 31, 1977, 42 F.R. 6787, which related to
the withholding of District of Columbia, State and city income or
employment taxes, was revoked by Ex. Ord. No. 11997, June 22, 1977,
42 F.R. 31759, set out below.
EX. ORD. NO. 11997. WITHHOLDING OF DISTRICT OF COLUMBIA, STATE,
CITY AND COUNTY INCOME OR EMPLOYMENT TAXES
Ex. Ord. No. 11997, June 22, 1977, 42 F.R. 31759, provided:
By virtue of the authority vested in me by Sections 5516, 5517
and 5520 of Title 5 of the United States Code, and Section 301 of
Title 3 of the United States Code, and as President of the United
States of America, in order to authorize the Secretary of the
Treasury to provide for the withholding of county income or
employment taxes as authorized by Section 5520 of Title 5 of the
United States Code as amended by Section 408 of Public Law 95-30,
as well as to provide for the withholding of District of Columbia,
State and city income or employment taxes, it is hereby ordered as
follows:
Section 1. Whenever the Secretary of the Treasury enters into an
agreement pursuant to Sections 5516, 5517 or 5520 of Title 5 of the
United States Code, with the District of Columbia, a State, a city
or a county, as the case may be, with regard to the withholding, by
an agency of the United States, hereinafter referred to as an
agency, of income or employment taxes from the pay of Federal
employees or members of the Armed Forces, the Secretary of the
Treasury shall ensure that each agreement is consistent with those
sections and regulations, including this Order, issued thereunder.
Sec. 2. Each agreement shall provide (a) when tax withholding
shall begin, (b) that the head of an agency may rely on the
withholding certificate of an employee or a member of the Armed
Forces in withholding taxes, (c) that the method for calculating
the amount to be withheld for District of Columbia, State, city or
county income or employment taxes shall produce approximately the
tax required to be withheld by the District of Columbia or State
law; or city or county ordinance, whichever is applicable, and (d)
that procedures for the withholding, filing of returns, and payment
of the withheld taxes to the District of Columbia, a State, a city
or a county shall conform to the usual fiscal practices of
agencies. Any agreement affecting members of the Armed Forces
shall also provide that the head of an agency may rely on the
certificate of legal residence of a member of the Armed Forces in
determining his or her residence for tax withholding purposes. No
agreement shall require the collection by an agency of delinquent
tax liabilities of an employee or a member of the Armed Forces.
Sec. 3. The head of each agency shall designate, or provide for
the designation of, the officers or employees whose duty it shall
be to withhold taxes, file required returns, and direct payment of
the taxes withheld, in accordance with this Order, any regulations
prescribed by the Secretary of the Treasury, and the new applicable
agreement.
Sec. 4. The Secretary of the Treasury is authorized to prescribe
additional regulations to implement Sections 5516, 5517 and 5520 of
Title 5 of the United States Code, and this Order.
Sec. 5. Executive Order No. 11968 of January 31, 1977, is hereby
revoked. However, all actions heretofore taken by the President or
his delegates in respect of the matters affected by this Order and
in force at the time of the issuance of this Order, including any
regulations prescribed or approved by the President or his
delegates in respect of such matters and any existing agreements
approved by his delegates, shall, except as they may be
inconsistent with the provisions of this Order, remain in effect
until amended, modified, or revoked pursuant to the authority
conferred by this Order, unless sooner terminated by operation of
law. Jimmy Carter.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5517 of this title; title
39 section 410.
-CITE-
5 USC Sec. 5520a 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER II - WITHHOLDING PAY
-HEAD-
Sec. 5520a. Garnishment of pay
-STATUTE-
(a) For purposes of this section -
(1) ''agency'' means each agency of the Federal Government,
including -
(A) an executive agency, except for the General Accounting
Office;
(B) the United States Postal Service and the Postal Rate
Commission;
(C) any agency of the judicial branch of the Government; and
(D) any agency of the legislative branch of the Government,
including the General Accounting Office, each office of a
Member of Congress, a committee of the Congress, or other
office of the Congress;
(2) ''employee'' means an employee of an agency (including a
Member of Congress as defined under section 2106);
(3) ''legal process'' means any writ, order, summons, or other
similar process in the nature of garnishment, that -
(A) is issued by a court of competent jurisdiction within any
State, territory, or possession of the United States, or an
authorized official pursuant to an order of such a court or
pursuant to State or local law; and
(B) orders the employing agency of such employee to withhold
an amount from the pay of such employee, and make a payment of
such withholding to another person, for a specifically
described satisfaction of a legal debt of the employee, or
recovery of attorney's fees, interest, or court costs; and
(4) ''pay'' means -
(A) basic pay, premium pay paid under subchapter V, any
payment received under subchapter VI, VII, or VIII, severance
and back pay paid under subchapter IX, sick pay, incentive pay,
and any other compensation paid or payable for personal
services, whether such compensation is denominated as wages,
salary, commission, bonus pay or otherwise; and
(B) does not include awards for making suggestions.
(b) Subject to the provisions of this section and the provisions
of section 303 of the Consumer Credit Protection Act (15 U.S.C.
1673) pay from an agency to an employee is subject to legal process
in the same manner and to the same extent as if the agency were a
private person.
(c)(1) Service of legal process to which an agency is subject
under this section may be accomplished by certified or registered
mail, return receipt requested, or by personal service, upon -
(A) the appropriate agent designated for receipt of such
service of process pursuant to the regulations issued under this
section; or
(B) the head of such agency, if no agent has been so
designated.
(2) Such legal process shall be accompanied by sufficient
information to permit prompt identification of the employee and the
payments involved.
(d) Whenever any person, who is designated by law or regulation
to accept service of process to which an agency is subject under
this section, is effectively served with any such process or with
interrogatories, such person shall respond thereto within thirty
days (or within such longer period as may be prescribed by
applicable State law) after the date effective service thereof is
made, and shall, as soon as possible but not later than fifteen
days after the date effective service is made, send written notice
that such process has been so served (together with a copy thereof)
to the affected employee at his or her duty station or last-known
home address.
(e) No employee whose duties include responding to
interrogatories pursuant to requirements imposed by this section
shall be subject to any disciplinary action or civil or criminal
liability or penalty for, or on account of, any disclosure of
information made by such employee in connection with the carrying
out of any of such employee's duties which pertain directly or
indirectly to the answering of any such interrogatory.
(f) Agencies affected by legal process under this section shall
not be required to vary their normal pay and disbursement cycles in
order to comply with any such legal process.
(g) Neither the United States, an agency, nor any disbursing
officer shall be liable with respect to any payment made from
payments due or payable to an employee pursuant to legal process
regular on its face, provided such payment is made in accordance
with this section and the regulations issued to carry out this
section. In determining the amount of any payment due from, or
payable by, an agency to an employee, there shall be excluded those
amounts which would be excluded under section 462(g) of the Social
Security Act (42 U.S.C. 662(g)).
(h)(1) Subject to the provisions of paragraph (2), if an agency
is served under this section with more than one legal process with
respect to the same payments due or payable to an employee, then
such payments shall be available, subject to section 303 of the
Consumer Credit Protection Act (15 U.S.C. 1673), to satisfy such
processes in priority based on the time of service, with any such
process being satisfied out of such amounts as remain after
satisfaction of all such processes which have been previously
served.
(2) A legal process to which an agency is subject under section
459 of the Social Security Act (42 U.S.C. 659) for the enforcement
of the employee's legal obligation to provide child support or make
alimony payments, shall have priority over any legal process to
which an agency is subject under this section.
(i) The provisions of this section shall not modify or supersede
the provisions of section 459 of the Social Security Act (42 U.S.C.
659) concerning legal process brought for the enforcement of an
individual's legal obligations to provide child support or make
alimony payments.
(j)(1) Regulations implementing the provisions of this section
shall be promulgated -
(A) by the President or his designee for each executive agency,
except with regard to employees of the United States Postal
Service, the President or, at his discretion, the Postmaster
General shall promulgate such regulations;
(B) jointly by the President pro tempore of the Senate and the
Speaker of the House of Representatives, or their designee, for
the legislative branch of the Government; and
(C) by the Chief Justice of the United States or his designee
for the judicial branch of the Government.
(2) Such regulations shall provide that an agency's
administrative costs in executing a garnishment action may be added
to the garnishment, and that the agency may retain costs recovered
as offsetting collections.
(k)(1) No later than 180 days after the date of the enactment of
this Act, the Secretaries of the Executive departments concerned
shall promulgate regulations to carry out the purposes of this
section with regard to members of the uniformed services.
(2) Such regulations shall include provisions for -
(A) the involuntary allotment of the pay of a member of the
uniformed services for indebtedness owed a third party as
determined by the final judgment of a court of competent
jurisdiction, and as further determined by competent military or
executive authority, as appropriate, to be in compliance with the
procedural requirements of the Soldiers' and Sailors' Civil
Relief Act of 1940 (50 App. U.S.C. 501 et seq.); and
(B) consideration for the absence of a member of the uniformed
service from an appearance in a judicial proceeding resulting
from the exigencies of military duty.
(3) The Secretaries of the Executive departments concerned shall
promulgate regulations under this subsection that are, as far as
practicable, uniform for all of the uniformed services. The
Secretary of Defense shall consult with the Secretary of
Transportation with regard to the promulgation of such regulations
that might affect members of the Coast Guard when the Coast Guard
is operating as a service in the Navy.
-SOURCE-
(Added Pub. L. 103-94, Sec. 9(a), Oct. 6, 1993, 107 Stat. 1007;
amended Pub. L. 104-106, div. A, title VI, Sec. 643, Feb. 10,
1996, 110 Stat. 368; Pub. L. 104-193, title III, Sec. 362(b)(2),
Aug. 22, 1996, 110 Stat. 2246; Pub. L. 105-85, div. A, title XI,
Sec. 1105, Nov. 18, 1997, 111 Stat. 1923.)
-REFTEXT-
REFERENCES IN TEXT
The date of the enactment of this Act, referred to in subsec.
(k)(1), probably means the date of enactment of Pub. L. 103-94,
which enacted this section and was approved Oct. 6, 1993.
The Soldiers' and Sailors' Relief Act of 1940, referred to in
subsec. (k)(2)(A), is act Oct. 17, 1940, ch. 888, 54 Stat. 1178, as
amended, which is classified to section 501 et seq. of Title 50,
Appendix, War and National Defense. For complete classification of
this Act to the Code, see section 501 of Title 50, Appendix, and
Tables.
-MISC2-
AMENDMENTS
1997 - Subsec. (j)(2). Pub. L. 105-85, Sec. 1105(1), added par.
(2) and struck out former par. (2) which read as follows: ''Such
regulations shall provide that an agency's administrative costs
incurred in executing legal process to which the agency is subject
under this section shall be deducted from the amount withheld from
the pay of the employee concerned pursuant to the legal process.''
Subsec. (k)(3), (4). Pub. L. 105-85, Sec. 1105(2), redesignated
par. (4) as (3) and struck out former par. (3) which read as
follows: ''Regulations under this subsection may also provide that
the administrative costs incurred in establishing and maintaining
an involuntary allotment be deducted from the amount withheld from
the pay of the member of the uniformed services concerned pursuant
to such regulations.''
Subsec. (l). Pub. L. 105-85, Sec. 1105(3), struck out subsec. (l)
which read as follows: ''The amount of an agency's administrative
costs deducted under regulations prescribed pursuant to subsection
(j)(2) or (k)(3) shall be credited to the appropriation, fund, or
account from which such administrative costs were paid.''
1996 - Subsecs. (h)(2), (i). Pub. L. 104-193 substituted
''section 459 of the Social Security Act (42 U.S.C. 659)'' for
''sections 459, 461, and 462 of the Social Security Act (42 U.S.C.
659, 661, and 662)''.
Subsec. (j)(2). Pub. L. 104-106, Sec. 643(a), added par. (2) and
struck out former par. (2) which read as follows: ''Such
regulations shall provide that an agency's administrative costs in
executing a garnishment action may be added to the garnishment, and
that the agency may retain costs recovered as offsetting
collections.''
Subsec. (k)(3), (4). Pub. L. 104-106, Sec. 643(b), added par. (3)
and redesignated former par. (3) as (4).
Subsec. (l). Pub. L. 104-106, Sec. 643(c), added subsec. (l).
EFFECTIVE DATE OF 1996 AMENDMENT
Amendment by Pub. L. 104-193 effective six months after Aug. 22,
1996, see section 362(d) of Pub. L. 104-193, set out as a note
under section 659 of Title 42, The Public Health and Welfare.
For provisions relating to effective date of title III of Pub. L.
104-193, see section 395(a)-(c) of Pub. L. 104-193, set out as a
note under section 654 of Title 42, The Public Health and Welfare.
EFFECTIVE DATE; SAVINGS PROVISION
Section effective 120 days after Oct. 6, 1993, and not to affect
any proceedings with respect to which charges were filed on or
before 120 days after Oct. 6, 1993, with orders to be issued in
such proceedings and appeals taken therefrom as if Pub. L. 103-94
had not been enacted, see section 12 of Pub. L. 103-94, set out as
a note under section 7321 of this title.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-MISC5-
PILOT PROGRAM ON ALTERNATIVE NOTICE OF RECEIPT OF LEGAL PROCESS FOR
GARNISHMENT OF FEDERAL PAY FOR CHILD SUPPORT AND ALIMONY
Pub. L. 105-261, div. A, title X, Sec. 1061, Oct. 17, 1998, 112
Stat. 2128, authorized the Secretary of Defense to conduct a pilot
program on alternative notice procedures for withholding or
garnishment of pay for the payment of child support and alimony
under section 659 of Title 42, The Public Health and Welfare,
required the Secretary to submit to Congress, not later than Jan.
1, 2001, a report describing the experience of the Department of
Defense under the authority provided for the program, and provided
for termination of pilot program on Sept. 30, 2001.
-EXEC-
EX. ORD. NO. 12897. GARNISHMENT OF FEDERAL EMPLOYEES' PAY
Ex. Ord. No. 12897, Feb. 3, 1994, 59 F.R. 5517, provided:
By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section
5520a(j)(1)(A) of title 5, United States Code, as added by section
9 of Public Law 103-94, it is hereby ordered as follows:
Section 1. The Office of Personnel Management, in consultation
with the Attorney General, is designated to promulgate regulations
for the implementation of section 5520a of title 5, United States
Code, with respect to civilian employees and agencies in the
executive branch, except as provided in section 2 of this order.
Sec. 2. The Postmaster General is designated to promulgate
regulations for the implementation of section 5520a of title 5,
United States Code, with respect to employees of the United States
Postal Service. William J. Clinton.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 22 sections 3612a, 3664;
title 39 section 410.
-CITE-
5 USC SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND
ASSIGNMENT OF PAY 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
.
-HEAD-
SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 5307, 5527 of this
title; title 15 section 78d.
-CITE-
5 USC Sec. 5521 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
-HEAD-
Sec. 5521. Definitions
-STATUTE-
For the purpose of this subchapter -
(1) ''agency'' means -
(A) an Executive agency;
(B) the judicial branch;
(C) the Library of Congress;
(D) the Government Printing Office; and
(E) the government of the District of Columbia;
(2) ''employee'' means an individual employed in or under an
agency;
(3) ''head of each agency'' means -
(A) the Director of the Administrative Office of the United
States Courts with respect to the judicial branch; and
(B) the Mayor of the District of Columbia with respect to the
government of the District of Columbia; and
(4) ''United States'', when used in a geographical sense, means
the several States and the District of Columbia.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 479; Pub. L. 90-623, Sec.
1(10), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 96-54, Sec. 2(a)(31),
Aug. 14, 1979, 93 Stat. 383.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 3071. Sept. 26, 1961, Pub.
L. 87-304, Sec. 1,
75 Stat. 662. June
24, 1965, Pub. L.
89-47, 79 Stat.
171.
-------------------------------
In paragraph (1), the word ''agency'' is substituted for
''department''. The term ''Executive agency'' is substituted for
the reference to ''each executive department of the Government of
the United States of America; each agency or independent
establishment in the executive branch of such Government; each
corporation wholly owned or controlled by such Government'' in
former section 3071(1)(A)-(C).
Paragraph (2) is added for clarity and in view of the fact that
the definition of ''employee'' in section 2105 does not include
individuals employed by the government of the District of Columbia.
In paragraph (3), the term ''department head'' is omitted as
unnecessary.
In paragraph (4), the words ''of the United States of America''
are omitted as unnecessary.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
AMENDMENTS
1979 - Par. (3)(B). Pub. L. 96-54 substituted ''Mayor'' for
''Commissioner''.
1968 - Par. (3)(B). Pub. L. 90-623 substituted ''Commissioner''
for ''Board of Commissioners''.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-54 effective July 12, 1979, see section
2(b) of Pub. L. 96-54, set out as a note under section 305 of this
title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-623 intended to restate without
substantive change the law in effect on Oct. 22, 1968, see section
6 of Pub. L. 90-623, set out as a note under section 5334 of this
title.
-CITE-
5 USC Sec. 5522 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
-HEAD-
Sec. 5522. Advance payments; rates; amounts recoverable
-STATUTE-
(a) The head of each agency may provide for the advance payment
of the pay, allowances, and differentials, or any of them, covering
a period of not more than 30 days, to or for the account of each
employee of the agency (or, under emergency circumstances and on a
reimbursable basis, an employee of another agency) whose departure
(or that of his dependents or immediate family, as the case may be)
from a place inside or outside the United States is officially
authorized or ordered -
(1) from a place outside the United States from which the
Secretary of State determines it is in the national interest to
require the departure of some or all employees, their dependents,
or both; or
(2) from any place where there is imminent danger to the life
of the employee or the lives of the dependents or immediate
family of the employee.
(b) Subject to adjustment of the account of an employee under
section 5524 of this title and other applicable statute, the
advance payment of pay, allowances, and differentials is at rates
currently authorized with respect to the employee on the date the
advance payment is made under agency procedures governing advance
payments under this subsection. The rates so authorized may not
exceed the rates to which the employee was entitled immediately
before issuance of the departure order.
(c) An advance of funds under subsection (a) of this section is
recoverable by the Government of the United States or the
government of the District of Columbia, as the case may be, from
the employee or his estate by -
(1) setoff against accrued pay, amount of retirement credit, or
other amount due to the employee from the Government of the
United States or the government of the District of Columbia; and
(2) such other method as is provided by law.
The head of the agency concerned may waive in whole or in part a
right of recovery of an advance of funds under subsection (a) of
this section, if it is shown that the recovery would be against
equity and good conscience or against the public interest.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 480; Pub. L. 96-465, title
II Sec. 2303(a), (b), Oct. 17, 1980, 94 Stat. 2164, 2165.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 3072. Sept. 26, 1961, Pub.
L. 87-304, Sec. 2,
75 Stat. 662.
-------------------------------
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
AMENDMENTS
1980 - Subsec. (a). Pub. L. 96-465, Sec. 2303(a), substituted
''departure'' for ''evacuation'', substituted ''is officially
authorized or ordered'' for ''is ordered for military or other
reasons which create imminent danger to the life or lives of the
employee or of his dependents or immediate family'', and added
pars. (1) and (2).
Subsec. (b). Pub. L. 96-465, Sec. 2303(b), substituted
''departure'' for ''evacuation'' after ''issuance of the''.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as
an Effective Date note under section 3901 of Title 22, Foreign
Relations and Intercourse.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5523, 5524 of this title;
title 31 section 3721.
-CITE-
5 USC Sec. 5523 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
-HEAD-
Sec. 5523. Duration of payments; rates; active service period
-STATUTE-
(a) The head of each agency may provide for -
(1) the payment of monetary amounts covering a period of not
more than 60 days to or for the account of each employee of the
agency (or, under emergency circumstances and on a reimbursable
basis, an employee of another agency) whose departure (or that of
the employee's dependents or immediate family, as the case may
be) is authorized or ordered under section 5522(a); and
(2) the termination of payment of the monetary amounts.
The President, with respect to the Executive agencies, may extend
the 60-day period for not more than 120 additional days if he
determines that the extension of the period is in the interest of
the United States.
(b) Subject to adjustment of the account of an employee under
section 5524 of this title and other applicable statute, each
payment under this section is at rates of pay, allowances, and
differentials, or any of them, currently authorized with respect to
the employee on the date payment is made under agency procedures
governing payments under this section. The rates so authorized may
not exceed the rates to which the employee was entitled immediately
before issuance of the departure order. An employee in an
Executive agency may be granted such additional allowance payments
as the President determines necessary to offset the direct added
expenses incident to the departure.
(c) Each period for which payment of amounts is made under this
section to or for the account of an employee is deemed, for all
purposes with respect to the employee, a period of active service,
without break in service, performed by the employee in the
employment of the Government of the United States or the government
of the District of Columbia.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 480; Pub. L. 96-465, title
II, Sec. 2303(c), (d), Oct. 17, 1980, 94 Stat. 2165; Pub. L.
102-138, title I, Sec. 147(a), Oct. 28, 1991, 105 Stat. 669.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 3073. Sept. 26, 1961, Pub.
L. 87-304, Sec. 3,
75 Stat. 663.
-------------------------------
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
AMENDMENTS
1991 - Subsec. (a)(1). Pub. L. 102-138 substituted ''agency)
whose departure (or that of the employee's dependents or immediate
family, as the case may be) is authorized or ordered under section
5522(a); and'' for ''agency) -
''(A) whose departure is authorized or ordered under section
5522(a) of this title; and
''(B) who is prevented, by circumstances beyond his control and
beyond the control of the Government of the United States or the
government of the District of Columbia, or both, as the case may
be, from performing the duties of the position which he held
immediately before issuance of the departure order; and''.
1980 - Subsec. (a)(1). Pub. L. 96-465, Sec. 2303(c), in subpar.
(A) substituted ''whose departure is authorized or ordered under
section 5522(a) of this title; and'' for ''whose evacuation from a
place inside or outside the United States is ordered for military
or other reasons which create imminent danger to the life of the
employee; and'', and in subpar. (B) substituted ''departure'' for
''evacuation'' after ''issuance of the''.
Subsec. (b). Pub. L. 96-465, Sec. 2303(d), substituted
''departure'' for ''evacuation'' in two places.
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as
an Effective Date note under section 3901 of Title 22, Foreign
Relations and Intercourse.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5524 of this title.
-CITE-
5 USC Sec. 5524 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
-HEAD-
Sec. 5524. Review of accounts
-STATUTE-
The head of each agency shall provide for -
(1) the review of the account of each employee of the agency in
receipt of payments under section 5522 or 5523 of this title, or
both, as the case may be; and
(2) the adjustment of the amounts of the payments on the basis
of -
(A) the rates of pay, allowances, and differentials to which
the employee would have been entitled under applicable statute
other than this subchapter for the respective periods covered
by the payments, if he had performed active service under the
terms of his appointment during each period in the position he
held immediately before the issuance of the applicable
evacuation order; and
(B) such additional amounts as the employee is authorized to
receive in accordance with a determination of the President
under section 5523(b) of this title.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 481.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 3074. Sept. 26, 1961, Pub.
L. 87-304, Sec. 4,
75 Stat. 663.
-------------------------------
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5522, 5523 of this title.
-CITE-
5 USC Sec. 5524a 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
-HEAD-
Sec. 5524a. Advance payments for new appointees
-STATUTE-
(a) The head of each agency may provide for the advance payment
of basic pay, covering not more than 2 pay periods, to any
individual who is newly appointed to a position in the agency.
(b)(1) Subject to adjustment of the account of an employee under
paragraph (2) and other applicable statutes, the advance payment of
basic pay shall be made, under agency procedures governing advance
payments under this section, at the initial rate of basic pay to be
payable to the employee upon the commencement of service in the
position to which appointed.
(2) The head of each agency shall provide for -
(A) the review of the account of each employee of the agency in
receipt of any payment under this section; and
(B) the adjustment of the amount of any such payment on the
basis of the rate of basic pay to which the employee would have
been entitled under applicable statute other than this section
for the respective periods covered by the payments, if the
employee had performed active service under the terms of such
employee's appointment during each period in the position to
which appointed.
(c) An advance payment under this section is recoverable by the
Government of the United States or the government of the District
of Columbia, as the case may be, from the employee or such
employee's estate by -
(1) setoff against accrued pay, amount of retirement credit, or
other amount due to the employee from the Government of the
United States or the government of the District of Columbia; and
(2) such other method as is provided by law.
The head of the agency concerned may waive in whole or in part a
right of recovery of an advance payment under this section if it is
shown that the recovery would be against equity and good conscience
or against the public interest.
-SOURCE-
(Added Pub. L. 101-509, title V, Sec. 529 (title I, Sec. 107(a)),
Nov. 5, 1990, 104 Stat. 1427, 1449.)
-MISC1-
EFFECTIVE DATE
Section effective on such date as the President shall determine,
but not earlier than 90 days, and not later than 180 days, after
Nov. 5, 1990, see section 529 (title III, Sec. 305) of Pub. L.
101-509, set out as an Effective Date of 1990 Amendment note under
section 5301 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 8906 of this title; title
38 section 7410.
-CITE-
5 USC Sec. 5525 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
-HEAD-
Sec. 5525. Allotment and assignment of pay
-STATUTE-
The head of each agency may establish procedures under which each
employee of the agency is permitted to make allotments and
assignments of amounts out of his pay for such purpose as the head
of the agency considers appropriate. For purposes of this section,
the term ''agency'' includes the Office of the Architect of the
Capitol.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 481; Pub. L. 107-68, title
I, Sec. 133(b)(1), Nov. 12, 2001, 115 Stat. 582.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 3075. Sept. 26, 1961, Pub.
L. 87-304, Sec. 5,
75 Stat. 663.
-------------------------------
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
AMENDMENTS
2001 - Pub. L. 107-68 inserted at end ''For purposes of this
section, the term 'agency' includes the Office of the Architect of
the Capitol.''
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-68, title I, Sec. 133(b)(2), Nov. 12, 2001, 115 Stat.
582, provided that: ''The amendment made by paragraph (1) (amending
this section) shall apply with respect to pay periods beginning on
or after the date of the enactment of this Act (Nov. 12, 2001).''
-CITE-
5 USC Sec. 5526 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
-HEAD-
Sec. 5526. Funds available on reimbursable basis
-STATUTE-
Funds available to an agency for payment of pay, allowances, and
differentials to or for the accounts of employees of the agency are
available on a reimbursable basis for payment of pay, allowances,
and differentials to or for the accounts of employees of another
agency under this subchapter.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 481.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 3078. Sept. 26, 1961, Pub.
L. 87-304, Sec. 8,
75 Stat. 664.
-------------------------------
The word ''civilian'' is omitted as unnecessary in view of the
definition of ''employee'' in section 5521(2), and the fact that
military personnel are not ''employed''.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-CITE-
5 USC Sec. 5527 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER III - ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
-HEAD-
Sec. 5527. Regulations
-STATUTE-
(a) To the extent practicable in the public interest, the
President shall coordinate the policies and procedures of the
respective Executive agencies under this subchapter.
(b) The President, with respect to the Executive agencies, the
head of the agency concerned, with respect to the appropriate
agency outside the executive branch, and the District of Columbia
Council, with respect to the government of the District of
Columbia, shall prescribe and issue, or provide for the formulation
and issuance of, regulations necessary and appropriate to carry out
the provisions, accomplish the purposes, and govern the
administration of this subchapter.
(c) The head of each Executive agency may prescribe and issue
regulations, not inconsistent with the regulations of the President
issued under subsection (b) of this section, necessary and
appropriate to carry out his functions under this subchapter.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 481; Pub. L. 90-623, Sec.
1(11), Oct. 22, 1968, 82 Stat. 1312.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 3076. Sept. 26, 1961, Pub.
L. 87-304, Sec. 6,
75 Stat. 664.
-------------------------------
In subsection (b), the last sentence of former section 3076,
which provided for the issuance of the regulations not later than
December 25, 1961, and the effective date of the regulations as not
later than March 25, 1962, is omitted as executed.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
AMENDMENTS
1968 - Subsec. (b). Pub. L. 90-623 inserted reference to the
District of Columbia Council, with respect to the government of the
District of Columbia.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-623 intended to restate without
substantive change the law in effect on Oct. 22, 1968, see section
6 of Pub. L. 90-623, set out as a note under section 5334 of this
title.
-TRANS-
TRANSFER OF FUNCTIONS
District of Columbia Council, as established by Reorg. Plan No. 3
of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198,
title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by
Council of District of Columbia, as provided by section 401 of Pub.
L. 93-198.
-EXEC-
EX. ORD. NO. 10982. ADMINISTRATION OF PROVISIONS OF CHAPTER
Ex. Ord. No. 10982, Dec. 25, 1961, 27 F.R. 3, as amended by Ex.
Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12748,
Feb. 1, 1991, 56 F.R. 4521, provided:
By virtue of the authority vested in me by the act of September
26, 1961 (75 Stat. 662) (this subchapter) and by section 301 of
title 3 of the United States Code, and as President of the United
States, it is ordered as follows:
Section 1. As used in this order:
(a) The term ''the act'' means the act of September 26, 1961
(Public Law 87-304), 75 Stat. 662 (now this subchapter).
(b) The term ''Federal agency'' means any executive 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 wholly owned or controlled by the
Government.
(c) The term ''foreign area'' means any area (including the Trust
Territory of the Pacific Islands) situated outside (1) the United
States (including the District of Columbia), (2) the Commonwealth
of Puerto Rico, (3) the Canal Zone, and (4) any territory or
possession of the United States.
Sec. 2. (a) Except as otherwise provided by section 2(b) and
section 3(c) of this order, the Secretary of State in respect of
civilian employees of Federal agencies who are located in foreign
areas immediately prior to an emergency evacuation, and the Office
of Personnel Management in respect of all other civilian employees
of Federal agencies, are hereby designated and empowered, without
the approval, ratification, or other action of the President, to
perform the functions conferred upon the President by section 3(a),
section 3(b), and section 6(a) of the act (sections 5523(a),
5523(b), and 5527(a) of this title).
(b) The Office of Personnel Management is hereby designated and
empowered to perform the functions conferred upon the President by
the provisions of section 5527 of title 5, United States Code, with
respect to allotments and assignments authorized by section 5525 of
title 5, United States Code, and advance payments to new appointees
authorized by section 5524a of title 5, United States Code, as
added by section 107(a) of the Federal Employees Pay Comparability
Act of 1990, as incorporated in section 529 of Public Law 101-509.
Sec. 3. The following regulations are hereby prescribed as
necessary and appropriate to carry out the provisions, accomplish
the purposes, and govern the administration of the act:
(a) To the maximum extent practicable, the Secretary of State,
the Office of Personnel Management, and the heads of other Federal
agencies shall exercise their authority under the act and this
order so that employees of different Federal agencies evacuated
from the same geographic area under the same general circumstances
may be treated uniformly.
(b) Advance payments of compensation, allowances, and
differentials, as authorized by section 2 of the act (section 5522
of this title), shall be held to the minimum period during which
the order for evacuation is anticipated to continue, and shall in
no event be made for a period of more than thirty days.
(c) It is hereby determined to be in the interest of the United
States that payments of monetary amounts as authorized by section 3
of the act (section 5523 of this title) to and for the account of
an employee whose evacuation is ordered and who is prevented from
performing the duties of his position, under the circumstances set
forth in section 3 of the act, should be extended beyond sixty days
for not more than one hundred and twenty additional days only upon
determination, pursuant to regulations of the head of the Federal
agency concerned, that such additional payments are reasonably
necessary to maintain a civilian staff available for performance of
duty. Such payments of monetary amounts under the authority of
section 3 of the act shall be terminated as of such dates as may be
determined by the Secretary of State or the Office of Personnel
Management, as appropriate, but not later than the date on which an
employee resumes his duties at the post from which he has been
evacuated or is assigned to another position.
Sec. 4. (a) The head of each Federal agency shall issue as soon
as practicable such regulations as may be necessary and appropriate
to carry out his functions under the act and this order.
(b) In order to coordinate the policies and procedures of the
executive branch of the Government, all regulations of any Federal
agency prepared for issuance under the provisions of section 6(c)
of the act (section 5527(c) of this title) and section 4(a) of this
order shall be submitted for prior approval to the Secretary of
State, or to the Office of Personnel Management, as may be
appropriate, under section 2 of this order. The Secretary of State
and the Office of Personnel Management shall review such
regulations for conformance with the purpose and intent of the act
and of the regulations contained in section 3 of this order. No
Federal agency shall make any payment under the provisions of the
act or this order until such regulations have been approved by the
Secretary of State, or the Office of Personnel Management, as
appropriate.
-CITE-
5 USC SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT
.
-HEAD-
SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT
-CITE-
5 USC Sec. 5531 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT
-HEAD-
Sec. 5531. Definitions
-STATUTE-
For the purpose of section 5533 of this title -
(1) ''member'' has the meaning given such term by section
101(23) of title 37;
(2) ''position'' means a civilian office or position (including
a temporary, part-time, or intermittent position), appointive or
elective, in the legislative, executive, or judicial branch of
the Government of the United States (including a Government
corporation and a nonappropriated fund instrumentality under the
jurisdiction of the armed forces) or in the government of the
District of Columbia;
(3) ''retired or retainer pay'' means retired pay, as defined
in section 8311(3) of this title, determined without regard to
subparagraphs (B) through (D) of such section 8311(3); except
that such term does not include an annuity payable to an eligible
beneficiary of a member or former member of a uniformed service
under chapter 73 of title 10;
(4) ''agency in the legislative branch'' means the General
Accounting Office, the Government Printing Office, the Library of
Congress, the Office of Technology Assessment, the Office of the
Architect of the Capitol, the United States Botanic Garden, and
the Congressional Budget Office;
(5) ''employee of the House of Representatives'' means a
congressional employee whose pay is disbursed by the Chief
Administrative Officer of the House of Representatives;
(6) ''employee of the Senate'' means a congressional employee
whose pay is disbursed by the Secretary of the Senate; and
(7) ''congressional employee'' has the meaning given that term
by section 2107 of this title, excluding an employee of an agency
in the legislative branch.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 482; Pub. L. 95-454, title
III, Sec. 308(b), Oct. 13, 1978, 92 Stat. 1150; Pub. L. 102-190,
div. A, title VI, Sec. 655(a)(2), Dec. 5, 1991, 105 Stat. 1391;
Pub. L. 104-186, title II, Sec. 215(6), Aug. 20, 1996, 110 Stat.
1745; Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1087(f)(2)),
Oct. 30, 2000, 114 Stat. 1654, 1654A-293.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 3101 (as Aug. 19, 1964, Pub.
applicable to 5 L. 88-448, Sec. 101
U.S.C. 3102(a)-(e) (as applicable to
and 3105 (less Sec. 201(a)-(e) and
(e))). 301 (less (e))), 78
Stat. 484.
-------------------------------
In paragraph (2), the defined word ''position'' is substituted
for ''civilian office.'' The words ''Government corporation'' are
substituted for ''corporation owned or controlled by such
Government'' in view of the definition in section 103.
The definitions of ''uniformed services'' and ''armed forces''
are omitted as unnecessary in view of the definitions in section
2101.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
AMENDMENTS
2000 - Pub. L. 106-398 substituted ''section'' for ''sections
5532 and'' in introductory provisions.
1996 - Par. (5). Pub. L. 104-186 substituted ''Chief
Administrative Officer'' for ''Clerk''.
1991 - Pars. (4) to (7). Pub. L. 102-190 added pars. (4) to (7).
1978 - Pub. L. 95-454 substituted '' 'member' '' for '' 'officer'
'' in par. (1) and added par. (3).
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,
1978, see section 907 of Pub. L. 95-454, set out as a note under
section 1101 of this title.
DUAL PAY REQUIREMENTS FOR PAY PERIODS SUBSEQUENT TO ENACTMENT OF
CIVIL SERVICE ACT OF 1978
Pub. L. 95-454, title III, Sec. 308(g), Oct. 13, 1978, 92 Stat.
1151, provided that:
''(1) Except as provided in paragraph (2) of this subsection, the
amendments made by this section (amending this section and section
5532 of this title) shall apply only with respect to pay periods
beginning after the effective date of this Act (see Effective Date
note set out under section 1101 of this title) and only with
respect to members of the uniformed services who first receive
retired or retainer pay (as defined in section 5531(3) of title 5,
United States Code (as amended by this section)), after the
effective date of this Act.
''(2) Such amendments shall not apply to any individual employed
in a position on the date of the enactment of this Act (Oct. 13,
1978) so long as the individual continues to hold any such position
(disregarding any break in service of 3 days or less) if the
individual, on that date, would have been entitled to retired or
retainer pay but for the fact the individual does not satisfy any
applicable age requirement.
''(3) The provisions of section 5532 of title 5, United States
Code, as in effect immediately before the effective date of this
Act, shall apply with respect to any retired officer of a regular
component of the uniformed services who is receiving retired pay on
or before such date, or any individual to whom paragraph (2)
applies, in the same manner and to the same extent as if the
preceding subsections of this section had not been enacted.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 8344, 8468 of this title;
title 22 section 3664; title 24 section 421.
-CITE-
5 USC Sec. 5532 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT
-HEAD-
(Sec. 5532. Repealed. Pub. L. 106-65, div. A, title VI, Sec.
651(a)(1), Oct. 5, 1999, 113 Stat. 664)
-MISC1-
Section, Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 482; Pub. L.
95-454, title III, Sec. 308(a), (c)-(f)(1), Oct. 13, 1978, 92 Stat.
1149-1151; Pub. L. 97-276, Sec. 151(b), Oct. 2, 1982, 96 Stat.
1200; Pub. L. 98-396, title III, Sec. 306, Aug. 22, 1984, 98 Stat.
1424; Pub. L. 98-525, title XV, Sec. 1537(b), Oct. 19, 1984, 98
Stat. 2635; Pub. L. 99-88, title I, Sec. 100, Aug. 15, 1985, 99
Stat. 351; Pub. L. 99-500, Sec. 101(l), Oct. 18, 1986, 100 Stat.
1783-308, and Pub. L. 99-591, Sec. 101(l), Oct. 30, 1986, 100 Stat.
3341-308; Pub. L. 100-202, Sec. 101(l) (title I, Sec. 101), 106,
Dec. 22, 1987, 101 Stat. 1329-358, 1329-362, 1329-433; Pub. L.
100-457, title I, Sept. 30, 1988, 102 Stat. 2129; Pub. L. 101-509,
title V, Sec. 529 (title I, Sec. 108(a)), Nov. 5, 1990, 104 Stat.
1427, 1449; Pub. L. 101-510, div. A, title XII, Sec. 1206(j)(1),
Nov. 5, 1990, 104 Stat. 1663; Pub. L. 102-83, Sec. 5(c)(2), Aug. 6,
1991, 105 Stat. 406; Pub. L. 102-190, div. A, title VI, Sec.
655(a)(1), Dec. 5, 1991, 105 Stat. 1390; Pub. L. 102-378, Sec.
8(a), Oct. 2, 1992, 106 Stat. 1359; Pub. L. 105-55, title I, Sec.
107, Oct. 7, 1997, 111 Stat. 1184, related to employment of retired
members of uniformed services and reduction in retired or retainer
pay.
EFFECTIVE DATE OF REPEAL
Repeal effective Oct. 1, 1999, see section 651(c) of Pub. L.
106-65, set out as an Effective Date of 1999 Amendment note under
section 1466 of Title 10, Armed Forces.
-CITE-
5 USC Sec. 5533 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT
-HEAD-
Sec. 5533. Dual pay from more than one position; limitations;
exceptions
-STATUTE-
(a) Except as provided by subsections (b), (c), and (d) of this
section, an individual is not entitled to receive basic pay from
more than one position for more than an aggregate of 40 hours of
work in one calendar week (Sunday through Saturday).
(b) Except as otherwise provided by subsection (c) of this
section, the Office of Personnel Management, subject to the
supervision and control of the President, may prescribe regulations
under which exceptions may be made to the restrictions in
subsection (a) of this section when appropriate authority
determines that the exceptions are warranted because personal
services otherwise cannot be readily obtained.
(c)(1) Unless otherwise authorized by law and except as otherwise
provided by paragraph (2) or (4) of this subsection, appropriated
funds are not available for payment to an individual of pay from
more than one position if the pay of one of the positions is paid
by the Secretary of the Senate or the Chief Administrative Officer
of the House of Representatives, or one of the positions is under
the Office of the Architect of the Capitol, and if the aggregate
gross pay from the positions exceeds $7,724 a year ($10,540, in the
case of pay disbursed by the Secretary of the Senate).
(2) Notwithstanding paragraph (1) of this subsection,
appropriated funds are not available for payment to an individual
of pay from more than one position, for each of which the pay is
disbursed by the Chief Administrative Officer of the House of
Representatives, if the aggregate gross pay from those positions
exceeds the maximum per annum gross rate of pay authorized to be
paid to an employee out of the clerk hire allowance of a Member of
the House.
(3) For the purposes of this subsection, ''gross pay'' means the
annual rate of pay (or equivalent thereof in the case of an
individual paid on other than an annual basis) received by an
individual.
(4) Paragraph (1) of this subsection does not apply to pay on a
when-actually-employed basis received from more than one consultant
or expert position if the pay is not received for the same day.
(d) Subsection (a) of this section does not apply to -
(1) pay on a when-actually-employed basis received from more
than one consultant or expert position if the pay is not received
for the same hours of the same day;
(2) pay consisting of fees paid on other than a time basis;
(3) pay received by a teacher of the public schools of the
District of Columbia for employment in a position during the
summer vacation period;
(4) pay paid by the Tennessee Valley Authority to an employee
performing part-time or intermittent work in addition to his
normal duties when the Authority considers it to be in the
interest of efficiency and economy;
(5) pay received by an individual holding a position -
(A) the pay of which is paid by the Secretary of the Senate
or the Chief Administrative Officer of the House of
Representatives; or
(B) under the Architect of the Capitol;
(6) pay paid by the United States Coast Guard to an employee
occupying a part-time position of lamplighter; and
(7) pay within the purview of any of the following statutes:
(A) section 162 of title 2;
(B) section 23(b) of title 13;
(C) section 327 of title 15;
(D) section 907 of title 20;
(E) section 873 of title 33; or
(F) section 631 or 631a of title 31, District of Columbia
Code.
((G) Repealed. Pub. L. 96-70, title III, Sec. 3302(e)(8),
Sept. 27, 1979, 93 Stat. 498.)
(e)(1) This section does not apply to an individual employed
under sections 174j-1 to 174j-7 or 174k (FOOTNOTE 1) of title 40.
(FOOTNOTE 1) See References in Text note below.
(2) Subsection (c) of this section does not apply to pay received
by a teacher of the public schools of the District of Columbia for
employment in a position during the summer vacation period.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 483; Pub. L. 90-57, Sec.
105(h), July 28, 1967, 81 Stat. 143; Pub. L. 90-206, title II, Sec.
214(o), Dec. 16, 1967. 81 Stat. 637; Pub. L. 91-510, title IV, Sec.
477(d), Oct. 26, 1970, 84 Stat. 1195; Pub. L. 93-140, Sec. 23, Oct.
26, 1973, 87 Stat. 508; Pub. L. 93-145, Sec. 101, Nov. 1, 1973, 87
Stat. 532; Pub. L. 94-183, Sec. 2(21), Dec. 31, 1975, 89 Stat.
1058; Pub. L. 94-440, title I, Sec. 103, Oct. 1, 1976, 90 Stat.
1443; Pub. L. 95-454, title IX, Sec. 906(a)(2), Oct. 13, 1978, 92
Stat. 1224; Pub. L. 96-70, title III, Sec. 3302(e)(8), Sept. 27,
1979, 93 Stat. 498; Pub. L. 104-186, title II, Sec. 215(7), Aug.
20, 1996, 110 Stat. 1745.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 3105 (less Aug. 19, 1964, Pub.
(e)). L. 88-448, Sec. 301
(less (e)), 78
Stat. 488.
-------------------------------
In subsection (a), the words ''an individual'' are substituted
for ''civilian personnel''.
In subsection (b), the words ''and issue'' are omitted as
surplusage.
In subsection (c), the words ''appropriated funds are not'' are
substituted for ''no funds appropriated by any Act shall be''. The
words ''$2,000 a year'' are substituted for ''the sum of $2,000 per
annum''.
In subsection (d)(7)(D), reference to ''section 907 of title 20''
is substituted for 5 U.S.C. 3105(d)(7)(F) to reflect the scheduled
transfer of 5 U.S.C. 2358(b) to title 20.
In subsection (d)(7)(H), the words ''of chapter 7'' are omitted
as surplusage.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-REFTEXT-
REFERENCES IN TEXT
Sections 174j-1, 174j-3, 174j-4, 174j-5, 174j-6, 174j-7, and 174k
of title 40, referred to in subsec. (e)(1), were transferred to
sections 2042, 2043, 2044, 2045, 2046, 2047, and 2041,
respectively, of Title 2, The Congress. Section 174j-2 of title 40
was repealed by Pub. L. 107-217, Sec. 6(b), Aug. 21, 2002, 116
Stat. 1304.
-MISC2-
AMENDMENTS
1996 - Subsecs. (c)(1), (2), (d)(5)(A). Pub. L. 104-186
substituted ''Chief Administrative Officer'' for ''Clerk''.
1979 - Subsec. (d)(7). Pub. L. 96-70 struck out subpar. (G) which
made reference to section 102 of title 2, Canal Zone Code.
1978 - Subsec. (b). Pub. L. 95-454 substituted ''Office of
Personnel Management'' for ''Civil Service Commission''.
1976 - Subsec. (c)(1). Pub. L. 94-440 inserted ''($10,540, in the
case of pay disbursed by the Secretary of the Senate)'' after
''exceeds $7,724 a year''.
1975 - Subsec. (d)(7). Pub. L. 94-183 struck out subpar. (F)
relating to section 3335 (a) or (c) of title 39, and redesignated
subpars. (G) and (H) as (F) and (G), respectively.
1973 - Subsec. (c)(1), (4). Pub. L. 93-145 inserted reference to
par. (4) in par. (1) and added par. (4).
Subsec. (e). Pub. L. 93-140 designated existing provisions as
par. (1) and added par. (2).
1970 - Subsec. (c)(1). Pub. L. 91-510 inserted ''and except as
otherwise provided by paragraph (2) of this section'' after
''authorized by law'' and substituted ''if the aggregate gross pay
from the positions exceeds $7,724 a year'' for ''if -
''(A) the pay of one or more of the positions is fixed at a
single gross per annum rate, and the aggregate gross pay from the
positions exceeds $6,256 a year, or
''(B) the pay of each such position is fixed at a basic rate plus
additional compensation authorized by law, and the aggregate basic
pay of the positions exceeds $2,000 a year''.
Subsec. (c)(2). Pub. L. 91-510 substituted provision making
appropriated funds unavailable for payment to an individual of pay
from more than one position, for each of which pay is disbursed by
the Clerk of the House, if the aggregate gross pay from those
positions exceeds the maximum per annum gross rate of pay
authorized to be paid to an employee out of clerk hire allowance of
a Member of the House for definition of ''gross pay'', now
incorporated in cl. (3).
Subsec. (c)(3). Pub. L. 91-510 redesignated former cl. (2) as (3)
and deleted provision which included in gross pay of an individual
receiving basic pay plus additional compensation provided by law
the aggregate amount received as basic and additional compensation,
but excluded sums received as premium pay under subchapter V of
this chapter.
1967 - Subsec. (c). Pub. L. 90-206 provided for an increase in
the aggregate gross pay allowed to certain specified congressional
employees on two payrolls as dual office compensation.
Pub. L. 90-57 designated existing dual pay limitation provisions
relating to basic compensation as par. (1), redesignated cls. (1)
and (2) as (A) and (B), eliminated from cl. (A) provision for pay
for one of the positions by the Secretary of the Senate and
restricted such cl. (A) to payments in case of employees receiving
basic rates of compensation and added par. (2) dual pay limitations
applicable to aggregate gross compensation of employees receiving
single per annum rates of compensation.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section
3304 of Pub. L. 96-70, set out as an Effective Date note under
section 3601 of Title 22, Foreign Relations and Intercourse.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,
1978, see section 907 of Pub. L. 95-454, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-510 effective immediately prior to noon
on Jan. 3, 1971, see section 601(1) of Pub. L. 91-510, set out as a
note under section 72a of Title 2, The Congress.
EFFECTIVE DATE OF 1967 AMENDMENTS
Amendment by Pub. L. 90-206 effective at beginning of first pay
period which begins on or after Dec. 16, 1967, see section
220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of
Title 28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 90-57, effective Aug. 1, 1967, see section
105(k) of Pub. L. 90-57, set out as an Effective Date note under
section 61-1 of Title 2, The Congress.
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-MISC5-
INCREASE IN COMPENSATION OF INDIVIDUALS WHOSE PAY IS DISBURSED BY
SECRETARY OF SENATE
2003 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 2003, to the figure
''$27,822'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 19, 2002, as amended, set out as a note
under section 60a-1 of Title 2, The Congress.
2002 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 2002, to the figure
''$26,985'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 20, 2001, formerly set out as a note
under section 60a-1 of Title 2, The Congress.
2001 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 2001, to the figure
''$26,329'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 20, 2000, formerly set out as a note
under section 60a-1 of Title 2.
2000 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 2000, to the figure
''$25,362'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 12, 1999, formerly set out as a note
under section 60a-1 of Title 2.
1999 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 1999, to the figure
''$24,433'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 16, 1998, formerly set out as a note
under section 60a-1 of Title 2.
1998 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 1998, to the figure
''$23,698'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 19, 1997, formerly set out as a note
under section 60a-1 of Title 2.
1997 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 1997, to the figure
''$23,165'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 18, 1996, formerly set out as a note
under section 60a-1 of Title 2.
1995 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 1995, to the figure
''$22,200'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 28, 1994, formerly set out as a note
under section 60a-1 of Title 2.
1993 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 1993, to the figure
''$21,764'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 17, 1992, formerly set out as a note
under section 60a-1 of Title 2.
1992 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 1992, to the figure
''$20,987'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 18, 1991, formerly set out as a note
under section 60a-1 of Title 2.
1991 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 1991, to the figure
''$20,141'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 20, 1990, formerly set out as a note
under section 60a-1 of Title 2.
1990 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 1990, to the figure
''$19,347'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 21, 1989, formerly set out as a note
under section 60a-1 of Title 2.
1989 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 1989, to the figure
''$18,674'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 9, 1988, formerly set out as a note
under section 60a-1 of Title 2.
1988 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 1988, to the figure
''$17,938'', see section 9 of Salary Directive of President pro
tempore of the Senate, Jan. 4, 1988, formerly set out as a note
under section 60a-1 of Title 2.
1987 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 1987, to the figure
''$17,586'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 19, 1986, formerly set out as a note
under section 60a-1 of Title 2.
1985 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 1985, to the figure
''$17,073'', see section 9 of Salary Directive of President pro
tempore of the Senate, Jan. 4, 1985, formerly set out as a note
under section 60a-1 of Title 2.
1984 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Jan. 1, 1984, to the figure
''$16,495'', see section 9 of Salary Directive of President pro
tempore of the Senate, Dec. 20, 1983, formerly set out as a note
under section 60a-1 of Title 2.
1982 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Oct. 1, 1982, to the figure
''$15,860'', see section 9 of Salary Directive of President pro
tempore of the Senate, Oct. 1, 1982, formerly set out as a note
under section 60a-1 of Title 2.
1980 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Oct. 1, 1980, to the figure
''$14,551'', see section 9 of Salary Directive of President pro
tempore of the Senate, Oct. 1, 1980, formerly set out as a note
under section 60a-1 of Title 2.
1979 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Oct. 1, 1979, to the figure
''$13,337'', see section 9 of Salary Directive of President pro
tempore of the Senate, Oct. 13, 1979, formerly set out as a note
under section 60a-1 of Title 2.
1978 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Oct. 1, 1978, to the figure
''$12,480'', see section 9 of Salary Directive of President pro
tempore of the Senate, Oct. 9, 1978, formerly set out as a note
under section 60a-1 of Title 2.
1977 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Oct. 1, 1977, to the figure
''$11,830'', see section 9 of Salary Directive of President pro
tempore of the Senate, Sept. 27, 1977, formerly set out as a note
under section 60a-1 of Title 2.
1976 - The figure ''$10,540'' in subsec. (c)(1) of this section
to be deemed to refer, effective Oct. 1, 1976, to the figure
''$11,050'', see section 9 of Salary Directive of President pro
tempore of the Senate, Oct. 8, 1976, formerly set out as a note
under section 60a-1 of Title 2.
1973 - The figure ''7,724'' in subsection (c)(1) of this section,
deemed to refer, effective Jan. 1, 1973, to the figure ''9,080'',
see section 9 of Salary Directive of President pro tempore of the
Senate, Dec. 16, 1972, formerly set out as a note under section
60a-1 of Title 2.
1972 - The figure ''7,724'' in subsection (c)(1) of this section,
deemed to refer, effective Jan. 1, 1972, to the figure ''8,637'',
see section 9 of Salary Directive of President pro tempore of the
Senate, Dec. 23, 1971, formerly set out as a note under section
60a-1 of Title 2.
1971 - The figure ''7,724'' in subsection (c)(1) of this section,
deemed to refer, effective Feb. 1, 1971, to the figure ''8,187'',
see section 9 of Salary Directive of President pro tempore of the
Senate, Jan. 15, 1971, formerly set out as a note under section
60a-1 of Title 2.
1970 - Adjustment by President pro tempore of the Senate with
respect to Senate, by Finance Clerk of House with respect to House
of Representatives, and by Architect of Capitol with respect to
Office of Architect of Capitol, effective on the first day of the
first pay period which begins on or after Dec. 27, 1969, of rates
of pay of employees of legislative branch subject to section 214 of
Pub. L. 90-206 with certain exceptions, by amounts of adjustment
for corresponding rates for employees subject to the General
Schedule, set out in section 5332 of this title, which had been
made by section 2 of Pub. L. 91-231 raising such rates by 6
percent, see Pub. L. 91-231, set out as a note under section 5332
of this title.
1969 - The figure ''6,662'' in subsection (c)(1)(A) of this
section, as increased by Order of June 12, 1968, deemed, on and
after July 1, 1969, to refer to the figure ''7,287'', see section
4(d) of Salary Directive of President pro tempore of the Senate,
June 17, 1969, formerly set out as a note under section 60a-1 of
Title 2.
1968 - The figure ''6,256'' in subsection (c)(1)(A) of this
section deemed to refer, on and after July 1, 1968, to the figure
''6,622'', see section 1(i) of Salary Directive of President pro
tempore of the Senate, June 12, 1968, formerly set out as a note
under section 60a-1 of Title 2.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5531 of this title; title
2 section 162; title 13 section 23; title 15 section 327; title 20
section 907; title 22 sections 2396, 3664; title 25 section 2012;
title 33 section 873; title 39 section 1001.
-CITE-
5 USC Sec. 5534 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT
-HEAD-
Sec. 5534. Dual employment and pay of Reserves and National
Guardsmen
-STATUTE-
A Reserve of the armed forces or member of the National Guard may
accept a civilian office or position under the Government of the
United States or the government of the District of Columbia, and he
is entitled to receive the pay of that office or position in
addition to pay and allowances as a Reserve or member of the
National Guard.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 30r(c) (1st Aug. 10, 1956, ch.
sentence). 1041, Sec. 29(c)
(1st sentence), 70A
Stat. 632.
-------------------------------
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 22 section 3664.
-CITE-
5 USC Sec. 5534a 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT
-HEAD-
Sec. 5534a. Dual employment and pay during terminal leave from
uniformed services
-STATUTE-
A member of a uniformed service who has performed active service
and who is on terminal leave pending separation from, or release
from active duty in, that service under honorable conditions may
accept a civilian office or position in the Government of the
United States, its territories or possessions, or the government of
the District of Columbia, and he is entitled to receive the pay of
that office or position in addition to pay and allowances from the
uniformed service for the unexpired portion of the terminal leave.
-SOURCE-
(Added Pub. L. 90-83, Sec. 1(22), Sept. 11, 1967, 81 Stat. 199.)
-MISC1-
HISTORICAL AND REVISION NOTES
This section amends chapter 55 of title 5, United States Code, by
inserting a new section 5534a. This section is based on subsections
(a) and (f) of former 5 U.S.C. 61a-1 the source statute for which
(act of Nov. 21, 1945, ch. 489, 59 Stat. 584) was repealed by the
act of September 6, 1966, Public Law 89-554 (sec. 8, 80 Stat. 653).
Senate Report 1380, 89th Congress, second session, pages 449, 511,
explains that the source was repealed since it had been rendered
obsolete by section 4(c) of the Armed Forces Leave Act of 1946, as
amended (37 U.S.C. 501), and section 219(c) of the Public Health
Service Act, as added August 9, 1950 (ch. 654, sec. 2, 64 Stat.
426; 42 U.S.C. 210-1(c)), and that any existing rights are
preserved by section 8 of Public Law 89-554.
At the time of enactment of the act of November 21, 1945, there
was no authority to make lump-sum leave payments to members of the
uniformed services who were being separated from or released from
active duty in the uniformed services. Accordingly, they were
placed on terminal leave until the expiration of the unused portion
of their accumulated and current accrued leave, and only then
separated or released. The act of November 21, 1945, in part,
authorized the employment of these members during terminal leave
and provided they were entitled to receive, in addition to the
payment from the employment, military pay and allowances for the
unexpired portion of the terminal leave. The Armed Forces Leave
Act of 1946 authorized lump-sum leave payments of unused
accumulated and current accrued leave. Generally, thereafter,
members of the uniformed services were not placed on terminal
leave, but were separated and paid a lump-sum leave payment.
However, in certain instances a member may be placed on terminal
leave. Such a case was considered recently by the Comptroller
General of the United States (see B-157500, Oct. 13, 1965, 45 Comp.
Gen. 180. In view of the foregoing, it is concluded that subsection
(a) of former 5 U.S.C. 61a-1 had prospective effect and should have
been reenacted in title 5, U.S.C., by Public Law 89-554.
In section 5534a, the words ''A member of a uniformed service who
has performed active service'' are substituted for ''Any person,
who, shall have performed active service in the Armed Forces'' to
conform to the style of title 5 and the definition of ''uniformed
services'' in 5 U.S.C. 2101 which is coextensive with the
definition of ''armed forces'' in subsection (f) of former 5 U.S.C.
61a-1. Reorganization Plan No. 2 of 1965 (79 Stat. 1318), effective
July 13, 1965, consolidated the Coast and Geodetic Survey and the
Weather Bureau to form a new agency in the Department of Commerce
to be known as the Environmental Science Services Administration.
The words ''subsequent to May 1, 1940'' are omitted as executed.
The word ''territories'' is substituted for ''Territories''
inasmuch as there now are no incorporated territories. The words
''(including any corporation created under authority of an act of
Congress which is either wholly controlled or wholly owned by the
Government of the United States, or any department, agency, or
establishment thereof, whether or not the employees thereof are
paid from funds appropriated by Congress)'' are omitted as included
in ''a civilian office or position in the Government of the United
States''. The word ''pay'' is substituted for ''compensation.''
EFFECTIVE DATE
Section effective Sept. 6, 1966, for all purposes, see section
9(h) of Pub. L. 90-83, set out as an Effective Date of 1967
Amendment note under section 5102 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 22 section 3664.
-CITE-
5 USC Sec. 5535 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT
-HEAD-
Sec. 5535. Extra pay for details prohibited
-STATUTE-
(a) An officer may not receive pay in addition to the pay for his
regular office for performing the duties of a vacant office as
authorized by sections 3345-3347 of this title.
(b) An employee may not receive -
(1) additional pay or allowances for performing the duties of
another employee; or
(2) pay in addition to the regular pay received for employment
held before his appointment or designation as acting for or
instead of an occupant of another position or employment.
This subsection does not prevent a regular and permanent
appointment by promotion from a lower to a higher grade of
employment.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
(a) 5 U.S.C. 9. R.S. Sec. 182.
(b) 5 U.S.C. 69 (1st 34 R.S. Sec. 1764 (1st
words). 34 words).
5 U.S.C. 72. Aug. 1, 1914, ch.
223, Sec. 12, 38
Stat. 680.
-------------------------------
Subsection (a) was part of title IV of the Revised Statutes. The
Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949,
ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which
provides ''Except to the extent inconsistent with the provisions of
this Act (National Security Act of 1947), the provisions of title
IV of the Revised Statutes as now or hereafter amended shall be
applicable to the Department of Defense'' is omitted from this
title but is not repealed.
In subsection (a), the words ''regular office'' are coextensive
with and substituted for ''proper office''.
In subsection (b), former sections 69 (1st 34 words) and 72 are
combined and restated for clarity and conciseness. The word
''employee'' is coextensive with and substituted for ''officer or
clerk'', ''officer or clerk in the same or any other department'',
and ''person employed in the service of the United States''. The
words ''under any general or lump-sum appropriation'' are omitted
as unnecessary.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 22 sections 3664, 3971;
title 39 section 1001.
-CITE-
5 USC Sec. 5536 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT
-HEAD-
Sec. 5536. Extra pay for extra services prohibited
-STATUTE-
An employee or a member of a uniformed service whose pay or
allowance is fixed by statute or regulation may not receive
additional pay or allowance for the disbursement of public money or
for any other service or duty, unless specifically authorized by
law and the appropriation therefor specifically states that it is
for the additional pay or allowance.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 51. R.S. Sec. 170.
5 U.S.C. 69 (less R.S. Sec. 1764 (less
1st 34 words). 1st 34 words).
5 U.S.C. 70. R.S. Sec. 1765.
5 U.S.C. 71. June 20, 1874, ch.
328, Sec. 3, 18
Stat. 109.
Sept. 3, 1954, ch.
1263, Sec. 7, 68
Stat. 1228.
-------------------------------
Sections are consolidated as R.S. Sec. 1765 includes the scope of
R.S. Sec. 170, R.S. Sec. 1764, and the Act of June 20, 1874, as
amended. So much of R.S. Sec. 1764 as relates to details is
covered by section 5535.
R.S. Sec. 170 was part of title IV of the Revised Statutes. The
Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949,
ch. 412, Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which
provides ''Except to the extent inconsistent with the provisions of
this Act (National Security Act of 1947), the provisions of title
IV of the Revised Statutes as now or hereafter amended shall be
applicable to the Department of Defense'' is omitted from his title
but is not repealed.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5942a of this title; title
22 sections 3971, 4085, 6104; title 39 section 1001; title 50
section 403e-1.
-CITE-
5 USC Sec. 5537 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT
-HEAD-
Sec. 5537. Fees for jury and witness service
-STATUTE-
(a) An employee as defined by section 2105 of this title (except
an individual whose pay is disbursed by the Secretary of the Senate
or the Chief Administrative Officer of the House of
Representatives) or an individual employed by the government of the
District of Columbia may not receive fees for service -
(1) as a juror in a court of the United States or the District
of Columbia; or
(2) as a witness on behalf of the United States or the District
of Columbia.
(b) An official of a court of the United States or the District
of Columbia may not receive witness fees for attendance before a
court, commissioner, or magistrate judge where he is officiating.
(c) For the purpose of this section, ''court of the United
States'' has the meaning given it by section 451 of title 28 and
includes the District Court of Guam and the District Court of the
Virgin Islands.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484; Pub. L. 90-623, Sec.
1(12), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 91-563, Sec. 3(a),
Dec. 19, 1970, 84 Stat. 1477; Pub. L. 101-650, title III, Sec. 321,
Dec. 1, 1990, 104 Stat. 5117; Pub. L. 104-186, title II, Sec.
215(8), Aug. 20, 1996, 110 Stat. 1746; Pub. L. 104-201, div. C,
title XXXV, Sec. 3548(a)(5), Sept. 23, 1996, 110 Stat. 2868.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 30o. June 29, 1940, ch.
446, Sec. 2, 54
Stat. 689.
-------------------------------
The words ''fees for jury service'' are coextensive with and
substituted for ''compensation for such service''.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
AMENDMENTS
1996 - Subsec. (a). Pub. L. 104-186 substituted ''Chief
Administrative Officer'' for ''Clerk'' in introductory provisions.
Subsec. (c). Pub. L. 104-201 substituted ''the District Court of
Guam and the District Court of the Virgin Islands'' for ''the
United States District Court for the District of the Canal Zone,
the District Court of Guam, and the District Court of the Virgin
Islands''.
1970 - Pub. L. 91-563 substituted ''jury and witness service''
for ''jury service in courts of the United States'' in section
catchline, designated existing provisions as subsec. (a), inserted
provisions prohibiting payment of fees for jury service in a court
of the District of Columbia or for service as a witness on behalf
of the United States or the District of Columbia and excepting
employees whose pay is disbursed by the Secretary of the Senate or
the Clerk of the House of Representatives, and added subsecs. (b)
and (c).
1968 - Pub. L. 90-623 inserted '', who is entitled to leave under
section 6322 of this title,'' after ''individual employed by the
government of the District of Columbia''.
-CHANGE-
CHANGE OF NAME
Words ''magistrate judge'' substituted for ''magistrate'' in
subsec. (b) pursuant to section 321 of Pub. L. 101-650, set out as
a note under section 631 of Title 28, Judiciary and Judicial
Procedure.
-MISC4-
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-623 intended to restate without
substantive change the law in effect on Oct. 22, 1968, see section
6 of Pub. L. 90-623, set out as a note under section 5334 of this
title.
-CITE-
5 USC SUBCHAPTER V - PREMIUM PAY 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
.
-HEAD-
SUBCHAPTER V - PREMIUM PAY
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 5304, 5371, 5520a,
5926 of this title; title 10 sections 4338, 6952, 9338; title 22
section 3972.
-CITE-
5 USC Sec. 5541 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
-HEAD-
Sec. 5541. Definitions
-STATUTE-
For the purpose of this subchapter -
(1) ''agency'' means -
(A) an Executive agency;
(B) a military department;
(C) an agency in the judicial branch;
(D) the Library of Congress;
(E) the Botanic Garden;
(F) the Office of the Architect of the Capitol; and
(G) the government of the District of Columbia;
(2) ''employee'' means -
(A) an employee in or under an Executive agency;
(B) an individual employed by the government of the District
of Columbia; and
(C) an employee in or under the judicial branch, the Library
of Congress, the Botanic Garden, and the Office of the
Architect of the Capitol, who occupies a position subject to
chapter 51 and subchapter III of chapter 53 of this title;
but does not include -
(i) a justice or judge of the United States;
(ii) the head of an agency other than the government of the
District of Columbia;
(iii) a teacher, school official, or employee of the Board of
Education of the District of Columbia, whose pay is fixed under
chapter 15 of title 31, District of Columbia Code;
(iv) a member of -
(I) the Metropolitan Police or the Fire Department of the
District of Columbia; or
(II) a member of the United States Secret Service Uniformed
Division, a member of the United States Park Police, other
than for purposes of section (FOOTNOTE 1) 5545(a) and 5546;
(FOOTNOTE 1) So in original. Probably should be ''sections''.
(v) a student-employee as defined by section 5351 of this
title;
((vi) Repealed. Pub. L. 91-375, Sec. 6(c)(16), Aug. 12, 1970,
84 Stat. 776;)
(vii) an employee outside the continental United States or in
Alaska who is paid in accordance with local native prevailing
wage rates for the area in which employed;
(viii) an employee of the Tennessee Valley Authority;
(ix) an individual to whom section 1291(a) of title 50,
appendix, applies;
(x) an employee of a Federal land bank, a Federal
intermediate credit bank, or a bank for cooperatives;
(xi) an employee whose pay is fixed and adjusted from time to
time in accordance with prevailing rates under subchapter IV of
chapter 53 of this title, or by a wage board or similar
administrative authority serving the same purpose, except as
provided by section 5544 of this title;
(xii) an employee of the Transportation Corps of the Army on
a vessel operated by the United States, a vessel employee of
the Environmental Science Services Administration, or a vessel
employee of the Department of the Interior;
(xiii) a ''teacher'' or an individual holding a ''teaching
position'' as defined by section 901 of title 20;
(xiv) a Foreign Service officer;
(xv) a member of the Senior Foreign Service;
(xvi) member of the Senior Executive Service; or
(xvii) a member of the Federal Bureau of Investigation and
Drug Enforcement Administration Senior Executive Service; and
(3) ''law enforcement officer'' means an employee who -
(A) is a law enforcement officer within the meaning of
section 8331(20) or 8401(17);
(B) in the case of an employee who holds a supervisory or
administrative position and is subject to subchapter III of
chapter 83, but who does not qualify to be considered a law
enforcement officer within the meaning of section 8331(20),
would so qualify if such employee had transferred directly to
such position after serving as a law enforcement officer within
the meaning of such section;
(C) in the case of an employee who holds a supervisory or
administrative position and is subject to chapter 84, but who
does not qualify to be considered a law enforcement officer
within the meaning of section 8401(17), would so qualify if
such employee had transferred directly to such position after
performing duties described in section 8401(17)(A) and (B) for
at least 3 years; and
(D) in the case of an employee who is not subject to
subchapter III of chapter 83 or chapter 84 -
(i) holds a position that the Office of Personnel
Management determines would satisfy subparagraph (A), (B), or
(C) if the employee were subject to subchapter III of chapter
83 or chapter 84; or
(ii) is a special agent in the Diplomatic Security Service.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 485; Pub. L. 90-83, Sec.
1(4), Sept. 11, 1967, 81 Stat. 196; Pub. L. 91-375, Sec. 6(c)(16),
Aug. 12, 1970, 84 Stat. 776; Pub. L. 92-392, Sec. 4, Aug. 14, 1972,
86 Stat. 573; Pub. L. 94-183, Sec. 2(22), Dec. 31, 1975, 89 Stat.
1058; Pub. L. 95-105, title IV, Sec. 412(a)(1), Aug. 17, 1977, 91
Stat. 855; Pub. L. 95-426, title II, Sec. 204(b)(5)(B), Oct. 7,
1978, 92 Stat. 974; Pub. L. 95-454, title IV, Sec. 408(a)(2), Oct.
13, 1978, 92 Stat. 1173; Pub. L. 96-70, title III, Sec. 3302(e)(1),
Sept. 27, 1979, 93 Stat. 498; Pub. L. 96-465, title II, Sec. 2304,
Oct. 17, 1980, 94 Stat. 2165; Pub. L. 100-325, Sec. 2(i)(1), May
30, 1988, 102 Stat. 582; Pub. L. 101-509, title V, Sec. 529 (title
IV, Sec. 411(a)), Nov. 5, 1990, 104 Stat. 1427, 1469; Pub. L.
102-378, Sec. 2(40)(A)-(C), Oct. 2, 1992, 106 Stat. 1351; Pub. L.
104-201, div. C, title XXXV, Sec. 3548(a)(6), Sept. 23, 1996, 110
Stat. 2869.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 901(a), June 30, 1945, ch.
(d), (e). 212 Sec. 101(a),
(d), (e), 59 Stat.
295, 296.
Sept. 1, 1954, ch.
1208, Sec. 202(a),
68 Stat. 1109.
5 U.S.C. 902 (less June 30, 1945, ch.
clause (1) and last 212, Sec. 102 (less
sentence of (a)). clause (1) and last
sentence of (a)),
59 Stat. 296. May
24, 1946, ch. 270,
Sec. 8(a), 60 Stat.
218.
Aug. 4, 1947, ch.
452, Sec. 1, 61
Stat. 727.
Aug. 18, 1959, Pub.
L. 86-168, Sec.
202(c) 73 Stat.
389.
5 U.S.C. 2358(a) (as July 17, 1959, Pub.
applicable to the L. 86-91, Sec.
Federal Employees 10(a) (as
Pay Act of 1945, as applicable to the
amended). Federal Employees
Pay Act of 1945, as
amended), 73 Stat.
217.
-------------------------------
The section is revised as a definition section. The provisions
of former section 901(d) are omitted as unnecessary because the
sections referred to state their application and there is no need
to restate the application here.
In paragraph (1), the terms ''Executive agency'' and ''military
department'' are substituted for the references in former section
901(a) and (e) to the executive branch, including Government-owned
or controlled corporations, and the General Accounting Office in
view of the definitions in sections 105 and 102.
In paragraph (2)(iii), the words ''chapter 15 of title 31,
District of Columbia Code'' are substituted for the reference in
former section 902(a)(4) to ''the Teachers Salary Act of June 4,
1924, as amended'' on authority of the provisions contained
therein. Enumeration of the individuals to which the provisions
apply are added.
In paragraph (2)(iv), the provisions of former section 902(a)(5)
and (b)(6) are combined.
In paragraph (2)(v), the words ''student-employee as defined by
section 5351 of this title'' are coextensive with and substituted
for the enumeration of the employees in former section 902(a)(6).
In paragraph (2)(iv), (vi), (vii), (viii), (ix), (xi), and (xii),
the reference to former section 947 is omitted as that section was
repealed by the Act of Sept. 12, 1950, ch. 946, Sec. 301(85), 64
Stat. 843.
In paragraph (2)(xii), the reference to former section 946 is
omitted as unnecessary since that section is not carried into this
subchapter. The words ''Panama Canal Company'' are substituted for
''Panama Railroad Company'' on authority of the Act of Sept. 2,
1950, ch. 1049, Sec. 2(a)(2), 64 Stat. 1038.
In paragraph (2)(xiii), the words ''as defined by section 901 of
title 20'' are added on authority of former section 2351, which
section is scheduled for transfer to section 901 of title 20.
The exception for officers and employees of the Inland Waterways
Corporation in former section 902(b)(3) is omitted on authority of
the Act of July 19, 1963, Pub. L. 88-67, 77 Stat. 81.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
AMENDMENTS
1996 - Par. (2)(xii). Pub. L. 104-201 inserted ''or'' after
''Services Administration,'' and struck out '', or a vessel
employee of the Panama Canal Commission'' after ''Interior''.
1992 - Par. (3). Pub. L. 102-378 added par. (3).
1990 - Par. (2)(iv). Pub. L. 101-509 amended cl. (iv) generally.
Prior to amendment, cl. (iv) read as follows: ''a member of the
Metropolitan Police, the Fire Department of the District of
Columbia, the United States Park Police, or the Executive
Protective Service;''.
1988 - Par. (2)(xvii). Pub. L. 100-325 added cl. (xvii).
1980 - Par. (2)(xiv). Pub. L. 96-465 struck out ''within the
meaning of section 401 of the Foreign Service Act of 1946'' after
''officer''.
Par. (2)(xv). Pub. L. 96-465 substituted ''a member of the Senior
Foreign Service'' for ''a 'Foreign Service information officer' as
provided for by the first section of the Act entitled 'An Act to
promote the foreign policy of the United States by strengthening
and improving the Foreign Service personnel system of the
International Communication Agency through establishment of a
Foreign Service Information Officer Corps', approved August 20,
1968''.
1979 - Par. (2)(xii). Pub. L. 96-70 substituted ''Commission''
for ''Company''.
1978 - Par. (2)(xvi). Pub. L. 95-454 added cl. (xvi).
Par. (2)(xv). Pub. L. 95-426 substituted ''International
Communication Agency'' for ''United States Information Agency''.
1977 - Par. (2)(xiv), (xv). Pub. L. 95-105 added cls. (xiv) and
(xv).
1975 - Par. (2)(iv). Pub. L. 94-183 substituted ''Executive
Protective Service'' for ''White House Police''.
1972 - Par. (2)(xi). Pub. L. 92-392 substituted ''pay'' for
''basic pay'' and provided for determination of pay under
subchapter IV of chapter 53 of this title.
1970 - Par. (2)(vi). Pub. L. 91-375 repealed cl. (vi) which
excluded an employee in the postal field service from definition of
''employee''.
1967 - Par. (2)(xii). Pub. L. 90-83 substituted ''Environmental
Science Services Administration'' for ''Coast and Geodetic
Survey''. See Historical and Revision Notes under section 2101 of
this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-378 effective as of first day of first
applicable pay period beginning on or after Oct. 2, 1992, see
section 9(b)(9) of Pub. L. 102-378, set out as a note under section
6303 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 529 (title IV, Sec. 411(b)) of Pub. L. 101-509 provided
that: ''The amendment made by this section (amending this section)
shall be effective on January 1, 1992.''
EFFECTIVE DATE OF 1980 AMENDMENT
Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as
otherwise provided, see section 2403 of Pub. L. 96-465, set out as
an Effective Date note under section 3901 of Title 22, Foreign
Relations and Intercourse.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section
3304 of Pub. L. 96-70, set out as an Effective Date note under
section 3601 of Title 22, Foreign Relations and Intercourse.
EFFECTIVE DATE OF 1978 AMENDMENTS
Amendment by Pub. L. 95-454 effective 9 months after Oct. 13,
1978, and congressional review of provisions of sections 401
through 412 of Pub. L. 95-454, see section 415 of Pub. L. 95-454,
set out as an Effective Date note under section 3131 of this title.
Section 204(b)(5)(B) of Pub. L. 95-426 provided that the
amendment made by such section 204(b)(5)(B) is effective Oct. 1,
1978.
EFFECTIVE DATE OF 1977 AMENDMENT
Section 412(a)(2) of Pub. L. 95-105 provided that: ''The
amendments made by paragraph (1) (amending this section) shall take
effect on October 1, 1978.''
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92-392 effective on first day of first
applicable pay period beginning on or after 90th day after Aug. 19,
1972, see section 15(a) of Pub. L. 92-392, set out as an Effective
Date note under section 5341 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-375 effective within 1 year after Aug.
12, 1970, on date established therefor by Board of Governors of
United States Postal Service and published by it in Federal
Register, see section 15(a) of Pub. L. 91-375, set out as an
Effective Date note preceding section 101 of Title 39, Postal
Service.
SHORT TITLE OF 1994 AMENDMENT
Pub. L. 103-329, title VI, Sec. 633(a), Sept. 30, 1994, 108 Stat.
2425, provided that: ''This section (enacting section 5545a of this
title, amending sections 5542 and 5547 of this title and section
213 of Title 29, Labor, and enacting provisions set out as notes
under section 5545a of this title) may be cited as the 'Law
Enforcement Availability Pay Act of 1994'.''
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of the functions, personnel, assets, and obligations
of the United States Secret Service, including the functions of the
Secretary of the Treasury relating thereto, to the Secretary of
Homeland Security, and for treatment of related references, see
sections 381, 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
Environmental Science Services Administration in Department of
Commerce, including offices of Administrator and Deputy
Administrator thereof, abolished by Reorg. Plan No. 4 of 1970,
eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, set out in the
Appendix to this title, which created National Oceanic and
Atmospheric Administration in Department of Commerce and
transferred personnel, property, records, and unexpended balances
of funds of Environmental Science Services Administration to such
newly created National Oceanic and Atmospheric Administration.
Components of Environmental Science Services Administration thus
transferred included Weather Bureau (now National Weather Service),
Coast and Geodetic Survey (now National Ocean Survey),
Environmental Data Service, National Environmental Satellite
Center, and ESSA Research Laboratories.
-MISC5-
AVAILABILITY OF PREMIUM PAY FOR ATTORNEYS EMPLOYED IN DEPARTMENT OF
JUSTICE
Pub. L. 106-113, div. B, Sec. 1000(a)(1) (title I, Sec. 115),
Nov. 29, 1999, 113 Stat. 1535, 1501A-21, provided that:
''(a) None of the funds made available by this or any other Act
may be used to pay premium pay under title 5, United States Code,
sections 5542-5549, to any individual employed as an attorney,
including an Assistant United States Attorney, in the Department of
Justice for any work performed on or after the date of the
enactment of this Act (Nov. 29, 1999).
''(b) Notwithstanding any other provision of law, neither the
United States nor any individual or entity acting on its behalf
shall be liable for premium pay under title 5, United States Code,
sections 5542-5549, for any work performed on or after the date of
the enactment of this Act (Nov. 29, 1999) by any individual
employed as an attorney in the Department of Justice, including an
Assistant United States Attorney.''
(Pub. L. 106-553, Sec. 1(a)(2) (title I, Sec. 111), Dec. 21,
2000, 114 Stat. 2762, 2762A-68, provided that: ''Section 115 of the
Departments of Commerce, Justice, and State, the Judiciary, and
Related Agencies Appropriations Act, 2000 (as enacted into law by
section 1000(a)(1) of Public Law 106-113) (set out above) shall
apply hereafter.'')
SENSE OF CONGRESS RELATING TO LAW ENFORCEMENT OFFICER PROVISIONS
Section 2(40)(D) of Pub. L. 102-378 provided that: ''It is the
sense of the Congress that -
''(i) the provisions of section 5541(3) of title 5, United
States Code (as added by section 2(40)(C) of this Act) -
''(I) are enacted only for the purposes of pay and not for
the purposes of retirement;
''(II) do not reflect any intent of the Congress to change
retirement eligibility standards for law enforcement officers;
and
''(ii) law enforcement officers in primary positions have
different retirement eligibility standards than employees in
supervisory or administrative positions because of the different
requirements in their responsibilities.''
PAYMENT OF BONUSES FOR FOREIGN LANGUAGE CAPABILITIES
Pub. L. 100-690, title VI, Sec. 6401, Nov. 18, 1988, 102 Stat.
4370, as amended by Pub. L. 101-509, title V, Sec. 529 (title IV,
Sec. 408(c)), Nov. 5, 1990, 104 Stat. 1427, 1468, provided that:
''(a) In General. - Notwithstanding any other provision of law,
the Drug Enforcement Administration and the Federal Bureau of
Investigation are authorized on and after October 1, 1988, to pay
bonuses up to 25 percent of base pay to employees of the Drug
Enforcement Administration and the Federal Bureau of Investigation
who possess and make substantial use of one or more languages,
other than English, in the performance of their official duties.
The Administrator of the Drug Enforcement Administration and the
Director of the Federal Bureau of Investigation shall develop such
policies as necessary to implement the payment of these bonuses.
''(b) Limitation. - The provisions of this section shall apply
only to an employee who has received a bonus under this section
before January 1, 1992. The provisions of subchapter III of chapter
45 of title 5, United States Code, shall apply to any employee who
would otherwise be eligible to receive a bonus under this section,
on and after such date.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 4521, 5504, 5545a, 5550a,
6101 of this title; title 2 section 1371.
-CITE-
5 USC Sec. 5542 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
-HEAD-
Sec. 5542. Overtime rates; computation
-STATUTE-
(a) For full-time, part-time and intermittent tours of duty,
hours of work officially ordered or approved in excess of 40 hours
in an administrative workweek, or (with the exception of an
employee engaged in professional or technical engineering or
scientific activities for whom the first 40 hours of duty in an
administrative workweek is the basic workweek and an employee whose
basic pay exceeds the minimum rate for GS-10 (including any
applicable locality-based comparability payment under section 5304
or similar provision of law and any applicable special rate of pay
under section 5305 or similar provision of law) for whom the first
40 hours of duty in an administrative workweek is the basic
workweek) in excess of 8 hours in a day, performed by an employee
are overtime work and shall be paid for, except as otherwise
provided by this subchapter, at the following rates:
(1) For an employee whose basic pay is at a rate which does not
exceed the minimum rate of basic pay for GS-10 (including any
applicable locality-based comparability payment under section
5304 or similar provision of law and any applicable special rate
of pay under section 5305 or similar provision of law), the
overtime hourly rate of pay is an amount equal to one and
one-half times the hourly rate of basic pay of the employee, and
all that amount is premium pay.
(2) For an employee whose basic pay is at a rate which exceeds
the minimum rate of basic pay for GS-10 (including any applicable
locality-based comparability payment under section 5304 or
similar provision of law and any applicable special rate of pay
under section 5305 or similar provision of law), the overtime
hourly rate of pay is an amount equal to one and one-half times
the hourly rate of the minimum rate of basic pay for GS-10
(including any applicable locality-based comparability payment
under section 5304 or similar provision of law and any applicable
special rate of pay under section 5305 or similar provision of
law), and all that amount is premium pay.
(3) Notwithstanding paragraphs (1) and (2) of this subsection
for an employee of the Department of Transportation who occupies
a nonmanagerial position in GS-14 or under and, as determined by
the Secretary of Transportation,
(A) the duties of which are critical to the immediate daily
operation of the air traffic control system, directly affect
aviation safety, and involve physical or mental strain or
hardship;
(B) in which overtime work is therefore unusually taxing; and
(C) in which operating requirements cannot be met without
substantial overtime work;
the overtime hourly rate of pay is an amount equal to one and
one-half times the hourly rate of basic pay of the employee, and
all that amount is premium pay.
(4) Notwithstanding paragraph (2) of this subsection, for an
employee who is a law enforcement officer, and whose basic pay is
at a rate which exceeds the minimum rate of basic pay for GS-10
(including any applicable locality-based comparability payment
under section 5304 or similar provision of law and any applicable
special rate of pay under section 5305 or similar provision of
law), the overtime hourly rate of pay is an amount equal to the
greater of -
(A) one and one-half times the minimum hourly rate of basic
pay for GS-10 (including any applicable locality-based
comparability payment under section 5304 or similar provision
of law and any applicable special rate of pay under section
5305 or similar provision of law); or
(B) the hourly rate of basic pay of the employee,
and all that amount is premium pay.
(5) Notwithstanding paragraphs (1) and (2), for an employee of
the Department of the Interior or the United States Forest
Service in the Department of Agriculture engaged in emergency
wildland fire suppression activities, the overtime hourly rate of
pay is an amount equal to one and one-half times the hourly rate
of basic pay of the employee, and all that amount is premium pay.
(b) For the purpose of this subchapter -
(1) unscheduled overtime work performed by an employee on a day
when work was not scheduled for him, or for which he is required
to return to his place of employment, is deemed at least 2 hours
in duration; and
(2) time spent in a travel status away from the official-duty
station of an employee is not hours of employment unless -
(A) the time spent is within the days and hours of the
regularly scheduled administrative workweek of the employee,
including regularly scheduled overtime hours; or
(B) the travel (i) involves the performance of work while
traveling, (ii) is incident to travel that involves the
performance of work while traveling, (iii) is carried out under
arduous conditions, or (iv) results from an event which could
not be scheduled or controlled administratively, including
travel by an employee to such an event and the return of such
employee from such event to his or her official-duty station.
(c) Subsection (a) shall not apply to an employee who is subject
to the overtime pay provisions of section 7 of the Fair labor
(FOOTNOTE 1) Standards Act of 1938. In the case of an employee who
would, were it not for the preceding sentence, be subject to this
section, the Office of Personnel Management shall by regulation
prescribe what hours shall be deemed to be hours of work and what
hours of work shall be deemed to be overtime hours for the purpose
of such section 7 so as to ensure that no employee receives less
pay by reason of the preceding sentence.
(FOOTNOTE 1) So in original. Probably should be capitalized.
(d) In applying subsection (a) of this section with respect to
any criminal investigator who is paid availability pay under
section 5545a -
(1) such investigator shall be compensated under such
subsection (a), at the rates there provided, for overtime work
which is scheduled in advance of the administrative workweek -
(A) in excess of 10 hours on a day during such investigator's
basic 40 hour workweek; or
(B) on a day outside such investigator's basic 40 hour
workweek; and
(2) such investigator shall be compensated for all other
overtime work under section 5545a.
(e) Notwithstanding subsection (d)(1) of this section, all hours
of overtime work scheduled in advance of the administrative
workweek shall be compensated under subsection (a) if that work
involves duties as authorized by section 3056(a) of title 18 or
section 37(a)(3) of the State Department Basic Authorities Act of
1956, and if the investigator performs, on that same day, at least
2 hours of overtime work not scheduled in advance of the
administrative workweek.
(f) In applying subsection (a) of this section with respect to a
firefighter who is subject to section 5545b -
(1) such subsection shall be deemed to apply to hours of work
officially ordered or approved in excess of 106 hours in a
biweekly pay period, or, if the agency establishes a weekly basis
for overtime pay computation, in excess of 53 hours in an
administrative workweek; and
(2) the overtime hourly rate of pay is an amount equal to one
and one-half times the hourly rate of basic pay under section
5545b(b)(1)(A) or (c)(1)(B), as applicable, and such overtime
hourly rate of pay may not be less than such hourly rate of basic
pay in applying the limitation on the overtime rate provided in
paragraph (2) of such subsection (a).
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 485; Pub. L. 90-83, Sec.
1(24), Sept. 11, 1967, 81 Stat. 200; Pub. L. 90-206, title II, Sec.
222(a), Dec. 16, 1967, 81 Stat. 641; Pub. L. 90-556, Sec. 1, Oct.
10, 1968, 82 Stat. 969; Pub. L. 92-194, Dec. 15, 1971, 85 Stat.
648; Pub. L. 98-473, title I, Sec. 101(c) (title III, Sec. 322),
Oct. 12, 1984, 98 Stat. 1837, 1874; Pub. L. 101-509, title V, Sec.
529 (title I, Sec. 101(b)(3)(E), title II, Sec. 210(1), title IV,
Sec. 410(a)), Nov. 5, 1990, 104 Stat. 1427, 1439, 1460, 1468; Pub.
L. 102-378, Sec. 2(41), Oct. 2, 1992, 106 Stat. 1352; Pub. L.
103-329, title VI, Sec. 633(c), Sept. 30, 1994, 108 Stat. 2427;
Pub. L. 104-52, title V, Sec. 531, Nov. 19, 1995, 109 Stat. 496;
Pub. L. 105-277, div. A, Sec. 101(b) (title IV, Sec. 407(c)(2)),
(h) (title VI, Sec. 628(a)(1)), div. G, subdiv. B, title XXIII,
Sec. 2316(c)(2), Oct. 21, 1998, 112 Stat. 2681-50, 2681-102,
2681-480, 2681-519, 2681-829; Pub. L. 106-558, Sec. 2(a), Dec. 21,
2000, 114 Stat. 2776.)
-MISC1-
Historical and Revision Notes
1966 Act
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
(a) 5 U.S.C. 911. June 30, 1945, ch.
212, Sec. 201, 59
Stat. 296. Sept. 1,
1954, ch. 1208,
Sec. 203, 68 Stat.
1109.
(b) 5 U.S.C. 912a. 5 Sept. 1, 1954, ch.
U.S.C. 912b. 1208, Sec. 205(b),
68 Stat. 1110.
-------------------------------
In subsection (a)(1), and (2), the word ''officer'' is omitted as
included in ''employee''. The word ''scheduled'' is omitted since
section 603 of the Act of Oct. 11, 1962, Pub. L. 87-793, 76 Stat.
847, eliminated the necessity of referring to rates as scheduled or
longevity. References to the ''Classification Act of 1949, as
amended'' are omitted as unnecessary.
In subsection (b), former sections 912a and 912b are combined and
restated.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
1967 Act
---------------------------------------------------------------------
Section of title 5 Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
5542(a) 5 App.: 911. July 18, 1966, Pub.
L. 89-504, Sec.
404(a), 80 Stat.
297.
-------------------------------
The words ''of the Classification Act of 1949, as amended'' are
omitted as unnecessary.
-REFTEXT-
REFERENCES IN TEXT
GS-10 and GS-14, referred to in subsec. (a), are contained in the
General Schedule which is set out under section 5332 of this title.
Section 7 of the Fair Labor Standards Act of 1938, referred to in
subsec. (c), is classified to section 207 of Title 29, Labor.
Section 37(a)(3) of the State Department Basic Authorities Act of
1956, referred to in subsec. (e), is classified to section
2709(a)(3) of Title 22, Foreign Relations and Intercourse.
-MISC2-
AMENDMENTS
2000 - Subsec. (a)(5). Pub. L. 106-558 added par. (5).
1998 - Subsec. (e). Pub. L. 105-277, Sec. 101(b) (title IV, Sec.
407(c)(2)) and Sec. 2316(c)(2), amended subsec. (e) identically,
substituting ''title 18 or section 37(a)(3) of the State Department
Basic Authorities Act of 1956,'' for ''title 18, United States
Code,''.
Subsec. (f). Pub. L. 105-277, Sec. 101(h) (title VI, Sec.
628(a)(1)), added subsec. (f).
1995 - Subsec. (e). Pub. L. 104-52 added subsec. (e).
1994 - Subsec. (d). Pub. L. 103-329 added subsec. (d).
1992 - Subsec. (a)(4). Pub. L. 102-378, Sec. 2(41)(A),
substituted ''officer,'' for ''officer (within the meaning of
section 8331(20) or 8401(17)),'' and realigned margin of closing
provision.
Subsec. (c). Pub. L. 102-378, Sec. 2(41)(B), amended second
sentence generally. Prior to amendment, second sentence read as
follows: ''In the case of an employee who would, were it not for
the preceding sentence, be subject to this section, hours of work
in excess of 8 hours in a day shall be deemed to be overtime hours
for the purposes of such section 7 and hours in a paid nonwork
status shall be deemed to be hours of work.''
1990 - Subsec. (a). Pub. L. 101-509, Sec. 529 (title I, Sec.
101(b)(3)(E)), inserted ''(including any applicable locality-based
comparability payment under section 5304 or similar provision of
law and any applicable special rate of pay under section 5305 or
similar provision of law)'' after ''GS-10'' wherever appearing.
Subsec. (a)(4). Pub. L. 101-509, Sec. 529 (title IV, Sec.
410(a)), added par. (4).
Subsec. (c). Pub. L. 101-509, Sec. 529 (title II, Sec. 210(1)),
added subsec. (c).
1984 - Subsec. (b)(2)(B)(iv). Pub. L. 98-473 inserted '',
including travel by an employee to such an event and the return of
such employee from such event to his or her official-duty
station''.
1971 - Subsec. (a). Pub. L. 92-194 substituted ''For full-time,
part-time and intermittent tours of duty, hours'' for ''Hours''.
1968 - Subsec. (a)(3). Pub. L. 90-556 added par. (3).
1967 - Subsec. (b)(2)(B). Pub. L. 90-206 designated existing
provisions as cls. (i) and (iii) and added cls. (ii) and (iv).
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-558, Sec. 2(b), Dec. 21, 2000, 114 Stat. 2777, as
amended by Pub. L. 107-20, title II, Sec. 2605, July 24, 2001, 115
Stat. 178, provided that: ''The amendments made by this section
(amending this section) shall take effect on the date of enactment
of this Act (Dec. 21, 2000).''
EFFECTIVE DATE OF 1998 AMENDMENT
Pub. L. 105-277, div. A, Sec. 101(b) (title IV, Sec. 407(d)),
div. G, subdiv. B, title XXIII, Sec. 2316(d), Oct. 21, 1998, 112
Stat. 2681-50, 2681-102, 2681-829, provided that: ''The amendments
made by this section (amending this section and section 5545a of
this title) shall take effect on the first day of the first
applicable pay period -
''(1) which begins on or after the 90th day following the date
of the enactment of this Act (Oct. 21, 1998); and
''(2) on which date all regulations necessary to carry out such
amendments are (in the judgment of the Director of the Office of
Personnel Management and the Secretary of State) in effect.''
(Jan. 29, 1999, see 64 F.R. 4517.)
Amendment by section 101(h) (title VI, Sec. 628(a)(1)) of Pub. L.
105-277 effective on first day of first applicable pay period which
begins on or after Oct. 1, 1998, see section 101(h) (title VI, Sec.
628(e)) of Pub. L. 105-277, set out as a note under section 4109 of
this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-329 effective first day of first
applicable pay period beginning on or after 30th day following
Sept. 30, 1994, with exceptions relating to criminal investigators
employed in Offices of Inspectors General, see section 633(e) of
Pub. L. 103-329, set out as an Effective Date note under section
5545a of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-378 effective as of first day of first
applicable pay period beginning on or after Oct. 2, 1992, see
section 9(b)(9) of Pub. L. 102-378, set out as a note under section
6303 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 529 (title I, Sec. 101(b)(3)(E), title II,
Sec. 210(1)) of Pub. L. 101-509 effective on such date as the
President shall determine, but not earlier than 90 days, and not
later than 180 days, after Nov. 5, 1990, see section 529 (title
III, Sec. 305) of Pub. L. 101-509, set out as a note under section
5301 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Section 3 of Pub. L. 90-556 provided that: ''The amendments made
by this Act (amending this section and section 5545 of this title)
shall take effect on the first day of the first pay period which
begins on or after the thirtieth day after the date of enactment of
this Act (Oct. 10, 1968).''
EFFECTIVE DATE OF 1967 AMENDMENT
Section 220(a)(4) of title II of Pub. L. 90-206 provided that,
except as otherwise expressly provided: ''Sections 222 (enacting
section 5733 of this title and amending this section, section 5544
of this title, section 3571 of Title 39, The Postal Service), and
223 (enacting section 5345 of this title) shall become effective
thirty days after the date of enactment of this title (Dec. 16,
1967).''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5543, 5545, 5545a, 5545b,
5546, 5547, 6123, 6128 of this title; title 2 section 1371; title
14 section 432; title 15 section 278e; title 32 section 709; title
49 section 1113.
-CITE-
5 USC Sec. 5543 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
-HEAD-
Sec. 5543. Compensatory time off
-STATUTE-
(a) The head of an agency may -
(1) on request of an employee, grant the employee compensatory
time off from his scheduled tour of duty instead of payment under
section 5542 or section 7 of the Fair Labor Standards Act of 1938
for an equal amount of time spent in irregular or occasional
overtime work; and
(2) provide that an employee whose rate of basic pay is in
excess of the maximum rate of basic pay for GS-10 (including any
applicable locality-based comparability payment under section
5304 or similar provision of law and any applicable special rate
of pay under section 5305 or similar provision of law) shall be
granted compensatory time off from his scheduled tour of duty
equal to the amount of time spent in irregular or occasional
overtime work instead of being paid for that work under section
5542 of this title.
(b) The head of an agency may, on request of an employee, grant
the employee compensatory time off from the employee's scheduled
tour of duty instead of payment under section 5544 or section 7 of
the Fair Labor Standards Act of 1938 for an equal amount of time
spent in irregular or occasional overtime work. An agency head may
not require an employee to be compensated for overtime work with an
equivalent amount of compensatory time-off from the employee's tour
of duty.
(c) The Architect of the Capitol may grant an employee paid on an
annual basis compensatory time off from duty instead of overtime
pay for overtime work.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 486; Pub. L. 90-83, Sec.
1(25), Sept. 11, 1967, 81 Stat. 200; Pub. L. 101-509, title V, Sec.
529 (title I, Sec. 101(b)(3)(E), title II, Sec. 210(2)), Nov. 5,
1990, 104 Stat. 1427, 1439, 1460; Pub. L. 104-201, div. A, title
XVI, Sec. 1610(a), Sept. 23, 1996, 110 Stat. 2738.)
-MISC1-
Historical and Revision Notes
1966 Act
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 912. June 30, 1945, ch.
212, Sec. 202, 59
Stat. 297. May 24,
1946, ch. 270, Sec.
9, 60 Stat. 218.
Sept. 1, 1954, ch.
1208, Sec. 204, 68
Stat. 1109.
-------------------------------
In subsection (a), the words ''head of an agency'' are
substituted for ''head of any department, independent
establishment, or agency, including Government-owned or controlled
corporations, or of the municipal government of the District of
Columbia, or the head of any legislative or judicial agency to
which this subchapter applies'' because of the definition of
''agency'' and the application stated in section 5541.
In subsection (a)(1), the word ''officer'' is omitted as included
in ''employee''.
In subsection (a)(2), the words ''at his own discretion'' are
omitted as unnecessary in view of the permissive nature of the
authority. The word ''officer'' is omitted as included in
''employee''. The word ''scheduled'' is omitted since section 603
of the Act of Oct. 11, 1962, Pub. L. 87-793, 76 Stat. 847,
eliminated the necessity of referring to rates as scheduled or
longevity. Reference to the ''Classification Act of 1949, as
amended'' is omitted as unnecessary.
In subsection (b), the words ''in his discretion'' are omitted as
unnecessary in view of the permissive nature of the authority. The
words ''overtime work'' are substituted for ''any work in excess of
forty hours in any regularly scheduled administrative workweek''
because of the definition of ''overtime work'' in section 5542(a).
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
1967 Act
---------------------------------------------------------------------
Section of title 5 Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
5543(a)(2) 5 App.: 912. July 18, 1966, Pub.
L. 89-504, Sec.
404(b), 80 Stat.
297.
-------------------------------
-REFTEXT-
REFERENCES IN TEXT
Section 7 of the Fair Labor Standards Act of 1938, referred to in
subsecs. (a)(1) and (b), is classified to section 207 of Title 29,
Labor.
GS-10, referred to in subsec. (a)(2), is contained in the General
Schedule which is set out under section 5332 of this title.
-MISC2-
AMENDMENTS
1996 - Subsecs. (b), (c). Pub. L. 104-201 added subsec. (b) and
redesignated former subsec. (b) as (c).
1990 - Subsec. (a)(1). Pub. L. 101-509, Sec. 529 (title II, Sec.
210(2)), inserted ''under section 5542 or section 7 of the Fair
Labor Standards Act of 1938'' after ''payment''.
Subsec. (a)(2). Pub. L. 101-509, Sec. 529 (title I, Sec.
101(b)(3)(E)), inserted ''(including any applicable locality-based
comparability payment under section 5304 or similar provision of
law and any applicable special rate of pay under section 5305 or
similar provision of law)'' after ''GS-10''.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-509 effective on such date as the
President shall determine, but not earlier than 90 days, and not
later than 180 days, after Nov. 5, 1990, see section 529 (title
III, Sec. 305) of Pub. L. 101-509, set out as a note under section
5301 of this title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5544, 6123 of this title;
title 2 section 1371; title 14 section 432; title 15 section 278e;
title 32 section 709.
-CITE-
5 USC Sec. 5544 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
-HEAD-
Sec. 5544. Wage-board overtime and Sunday rates; computation
-STATUTE-
(a) An employee whose pay is fixed and adjusted from time to time
in accordance with prevailing rates under section 5343 or 5349 of
this title, or by a wage board or similar administrative authority
serving the same purpose, is entitled to overtime pay for overtime
work in excess of 8 hours a day or 40 hours a week. However, an
employee subject to this subsection who regularly is required to
remain at or within the confines of his post of duty in excess of 8
hours a day in a standby or on-call status is entitled to overtime
pay only for hours of duty, exclusive of eating and sleeping time,
in excess of 40 a week. The overtime hourly rate of pay is
computed as follows:
(1) If the basic rate of pay of the employee is fixed on a
basis other than an annual or monthly basis, multiply the basic
hourly rate of pay by not less than one and one-half.
(2) If the basic rate of pay of the employee is fixed on an
annual basis, divide the basic annual rate of pay by 2,087, and
multiply the quotient by one and one-half.
(3) If the basic rate of pay of the employee is fixed on a
monthly basis, multiply the basic monthly rate of pay by 12 to
derive a basic annual rate of pay, divide the basic annual rate
of pay by 2,087, and multiply the quotient by one and one-half.
An employee subject to this subsection whose regular work schedule
includes an 8-hour period of service a part of which is on Sunday
is entitled to additional pay at the rate of 25 percent of his
hourly rate of basic pay for each hour of work performed during
that 8-hour period of service. For employees serving outside the
United States in areas where Sunday is a routine workday and
another day of the week is officially recognized as the day of rest
and worship, the Secretary of State may designate the officially
recognized day of rest and worship as the day with respect to which
the preceding sentence shall apply instead of Sunday. Time spent in
a travel status away from the official duty station of an employee
subject to this subsection is not hours of work unless the travel
(i) involves the performance of work while traveling, (ii) is
incident to travel that involves the performance of work while
traveling, (iii) is carried out under arduous conditions, or (iv)
results from an event which could not be scheduled or controlled
administratively. The first and third sentences of this subsection
shall not be applicable to an employee who is subject to the
overtime pay provisions of section 7 of the Fair Labor Standards
Act of 1938. In the case of an employee who would, were it not for
the preceding sentence, be subject to the first and third sentences
of this subsection, the Office of Personnel Management shall by
regulation prescribe what hours shall be deemed to be hours of work
and what hours of work shall be deemed to be overtime hours for the
purpose of such section 7 so as to ensure that no employee receives
less pay by reason of the preceding sentence.
(b) An employee under the Office of the Architect of the Capitol
who is paid on a daily or hourly basis and who is not subject to
chapter 51 and subchapter III of chapter 53 of this title is
entitled to overtime pay for overtime work in accordance with
subsection (a) of this section. The overtime hourly rate of pay is
computed in accordance with subsection (a)(1) of this section.
(c) The provisions of this section, including the last two
sentences of subsection (a) and the provisions of section 5543(b),
shall apply to a prevailing rate employee described in section
5342(a)(2)(B).
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 486; Pub. L. 90-83, Sec.
1(26)(A), Sept. 11, 1967, 81 Stat. 200; Pub. L. 90-206, title II,
Sec. 222(d), Dec. 16, 1967, 81 Stat. 641; Pub. L. 92-392, Sec. 5,
Aug. 19, 1972, 86 Stat. 573; Pub. L. 101-509, title V, Sec. 529
(title II, Sec. 210(3)), Nov. 5, 1990, 104 Stat. 1427, 1460; Pub.
L. 102-378, Sec. 2(42), Oct. 2, 1992, 106 Stat. 1352; Pub. L.
104-201, div. A, title XVI, Sec. 1610(b), Sept. 23, 1996, 110
Stat. 2738; Pub. L. 105-277, div. G, subdiv. B, title XXIII, Sec.
2317(1), Oct. 21, 1998, 112 Stat. 2681-829.)
-MISC1-
Historical and Revision Notes
1966 Act
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
(a) 5 U.S.C. 673c (2d Mar. 28, 1934, ch.
proviso). 102, Sec. 23
(proviso), 48 Stat.
522.
Aug. 13, 1962, Pub.
L. 87-581, Sec. 201
(2d proviso), 76
Stat. 360.
5 U.S.C. 913. June 30, 1945, ch.
212, Sec. 203, 59
Stat. 297. Sept. 1,
1954, ch. 1208,
Sec. 205(a), 68
Stat. 1109.
(b) 5 U.S.C. 933 (as June 30, 1945, ch.
applicable to 5 212, Sec. 503 (as
U.S.C. 673c). applicable to Sec.
23 of the Act of
Mar. 28, 1934, ch.
102, 48 Stat. 522,
as amended), 59
Stat. 301.
-------------------------------
In subsection (a), former sections 673c (2d proviso) and 913 are
combined and restated for clarity and conciseness. The last 28
words of section 205(a) of the Act of Sept. 1, 1954, 68 Stat. 1109,
are omitted as executed and covered by technical section 8.
Subsection (b) is restated to conform to subsection (a). In
former section 933, the words ''Classification Act of 1949'' were
substituted for ''Classification Act of 1923'' on authority of
section 1106(a) of the Act of Oct. 28, 1949, ch. 782, 63 Stat. 972.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
1967 Act
---------------------------------------------------------------------
Section of title 5 Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
5544(a) 5 App.: 673c (last July 18, 1966, Pub.
proviso of 1st L. 89-504, Sec.
par.). 405(f), 80 Stat.
298.
-------------------------------
The words ''a part of which is on Sunday'' are coextensive with
and substituted for ''any part of which is within the period
commencing at midnight Saturday and ending at midnight Sunday.''
The words ''is entitled to additional pay'' are coextensive with
and substituted for ''shall be paid extra compensation.''
-REFTEXT-
REFERENCES IN TEXT
Section 7 of the Fair Labor Standards Act of 1938, referred to in
subsec. (a), is classified to section 207 of Title 29, Labor.
-MISC2-
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-277, which directed the amendment
of subsec. (a) by inserting after the fourth sentence ''For
employees serving outside the United States in areas where Sunday
is a routine workday and another day of the week is officially
recognized as the day of rest and worship, the Secretary of State
may designate the officially recognized day of rest and worship as
the day with respect to which the preceding sentence shall apply
instead of Sunday.'', was executed by making the insertion after
the first sentence of the concluding provisions, to reflect the
probable intent of Congress.
1996 - Subsec. (c). Pub. L. 104-201 inserted ''and the provisions
of section 5543(b)'' after ''the last two sentences of subsection
(a)''.
1992 - Subsec. (a). Pub. L. 102-378, Sec. 2(42)(B), amended last
two sentences generally. Prior to amendment, last two sentences
read as follows: ''This section, other than the sixth sentence,
shall not be applicable to an employee who is subject to the
overtime pay provisions of section 7 of the Fair Labor Standards
Act of 1938. In the case of an employee who would, were it not for
the preceding sentence, be subject to this section, hours of work
in excess of 8 hours in a day shall be deemed to be overtime hours
for the purposes of such section 7 and hours in a paid nonwork
status shall be deemed to be hours of work.''
Subsec. (a)(2), (3). Pub. L. 102-378, Sec. 2(42)(A), substituted
''2,087'' for ''2,080''.
Subsec. (c). Pub. L. 102-378, Sec. 2(42)(C), added subsec. (c).
1990 - Subsec. (a). Pub. L. 101-509 inserted at end ''This
section, other than the sixth sentence, shall not be applicable to
an employee who is subject to the overtime pay provisions of
section 7 of the Fair Labor Standards Act of 1938. In the case of
an employee who would, were it not for the preceding sentence, be
subject to this section, hours of work in excess of 8 hours in a
day shall be deemed to be overtime hours for the purposes of such
section 7 and hours in a paid nonwork status shall be deemed to be
hours of work.''
1972 - Subsec. (a). Pub. L. 92-392 substituted ''pay'' for
''basic pay'' and provided for determination of pay under section
5343 or 5349 of this title.
1967 - Subsec. (a). Pub. L. 90-206 provided that time spent in a
travel status away from the official duty station could not qualify
as hours of work unless the travel involved the performance of work
while traveling, was incident to travel involving the performance
of work while traveling, carried out under arduous conditions, or
resulting from an event which could not be scheduled or controlled
administratively.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-378 effective as of first day of first
applicable pay period beginning on or after Oct. 2, 1992, see
section 9(b)(9) of Pub. L. 102-378, set out as a note under section
6303 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-509 effective on such date as the
President shall determine, but not earlier than 90 days, and not
later than 180 days, after Nov. 5, 1990, see section 529 (title
III, Sec. 305) of Pub. L. 101-509, set out as a note under section
5301 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92-392 effective on first day of first
applicable pay period beginning on or after 90th day after Aug. 19,
1972, see section 15(a) of Pub. L. 92-392, set out as an Effective
Date note under section 5341 of this title.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-206 effective thirty days after Dec. 16,
1967, see section 220(a)(4) of Pub. L. 90-206, set out as a note
under section 5542 of this title.
CANAL ZONE EMPLOYEES
Section 17(3) of Pub. L. 85-550, July 25, 1958, 72 Stat. 411,
provided that nothing in Pub. L. 85-550, which related to wage and
employment practices of the Government of the United States in the
Canal Zone, should affect the applicability of former sections 673c
and 913 of this title (covered by this section) to those classes of
employees, within the scope of former sections 673c and 913 of this
title (covered by this section) on July 25, 1958.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5541, 5543, 6123, 6128 of
this title; title 2 sections 60e-2b, 1371; title 14 section 432;
title 15 section 278e; title 32 section 709.
-CITE-
5 USC Sec. 5545 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
-HEAD-
Sec. 5545. Night, standby, irregular, and hazardous duty
differential
-STATUTE-
(a) Except as provided by subsection (b) of this section,
nightwork is regularly scheduled work between the hours of 6:00
p.m. and 6:00 a.m., and includes -
(1) periods of absence with pay during these hours due to
holidays; and
(2) periods of leave with pay during these hours if the periods
of leave with pay during a pay period total less than 8 hours.
Except as otherwise provided by subsection (c) of this section, an
employee is entitled to pay for nightwork at his rate of basic pay
plus premium pay amounting to 10 percent of that basic rate. This
subsection and subsection (b) of this section do not modify section
5141 of title 31, or other statute authorizing additional pay for
nightwork.
(b) The head of an agency may designate a time after 6:00 p.m.
and a time before 6:00 a.m. as the beginning and end, respectively,
of nightwork for the purpose of subsection (a) of this section, at
a post outside the United States where the customary hours of
business extend into the hours of nightwork provided by subsection
(a) of this section.
(c) The head of an agency, with the approval of the Office of
Personnel Management, may provide that -
(1) an employee in a position requiring him regularly to remain
at, or within the confines of, his station during longer than
ordinary periods of duty, a substantial part of which consists of
remaining in a standby status rather than performing work, shall
receive premium pay for this duty on an annual basis instead of
premium pay provided by other provisions of this subchapter,
except for irregular, unscheduled overtime duty in excess of his
regularly scheduled weekly tour. Premium pay under this
paragraph is determined as an appropriate percentage, not in
excess of 25 percent, of such part of the rate of basic pay for
the position as does not exceed the minimum rate of basic pay for
GS-10 (including any applicable locality-based comparability
payment under section 5304 or similar provision of law and any
applicable special rate of pay under section 5305 or similar
provision of law) (or, for a position described in section
5542(a)(3) of this title, of the basic pay of the position), by
taking into consideration the number of hours of actual work
required in the position, the number of hours required in a
standby status at or within the confines of the station, the
extent to which the duties of the position are made more onerous
by night, Sunday, or holiday work, or by being extended over
periods of more than 40 hours a week, and other relevant factors;
or
(2) an employee in a position in which the hours of duty cannot
be controlled administratively, and which requires substantial
amounts of irregular, unscheduled overtime duty with the employee
generally being responsible for recognizing, without supervision,
circumstances which require the employee to remain on duty, shall
receive premium pay for this duty on an annual basis instead of
premium pay provided by other provisions of this subchapter,
except for regularly scheduled overtime, night, and Sunday duty,
and for holiday duty. Premium pay under this paragraph is an
appropriate percentage, not less than 10 percent nor more than 25
percent, of the rate of basic pay for the position, as determined
by taking into consideration the frequency and duration of
irregular, unscheduled overtime duty required in the position.
(d) The Office shall establish a schedule or schedules of pay
differentials for duty involving unusual physical hardship or
hazard. Under such regulations as the Office may prescribe, and
for such minimum periods as it determines appropriate, an employee
to whom chapter 51 and subchapter III of chapter 53 of this title
applies is entitled to be paid the appropriate differential for any
period in which he is subjected to physical hardship or hazard not
usually involved in carrying out the duties of his position.
However, the pay differential -
(1) does not apply to an employee in a position the
classification of which takes into account the degree of physical
hardship or hazard involved in the performance of the duties
thereof, except in such circumstances as the Office may by
regulation prescribe; and
(2) may not exceed an amount equal to 25 percent of the rate of
basic pay applicable to the employee.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 487; Pub. L. 90-83, Sec.
1(27), Sept. 11, 1967, 81 Stat. 200; Pub. L. 90-206, title II, Sec.
217, Dec. 16, 1967, 81 Stat. 638; Pub. L. 90-556, Sec. 2, Oct. 10,
1968, 82 Stat. 969; Pub. L. 91-231, Sec. 8, Apr. 15, 1970, 84 Stat.
198; Pub. L. 94-183, Sec. 2(23), Dec. 31, 1975, 89 Stat. 1058; Pub.
L. 95-454, title IX, Sec. 906(a)(2), (3), Oct. 13, 1978, 92 Stat.
1224; Pub. L. 96-54, Sec. 2(a)(32), Aug. 14, 1979, 93 Stat. 383;
Pub. L. 97-258, Sec. 3(a)(13), Sept. 13, 1982, 96 Stat. 1063; Pub.
L. 101-173, Sec. 1(a), Nov. 27, 1989, 103 Stat. 1292; Pub. L.
101-509, title V, Sec. 529 (title I, Sec. 101(b)(3)(E), title II,
Sec. 203), Nov. 5, 1990, 104 Stat. 1427, 1439, 1456; Pub. L.
102-378, Sec. 3(2), Oct. 2, 1992, 106 Stat. 1355.)
-MISC1-
Historical and Revision Notes
1966 Act
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
(a), (b) 5 U.S.C. 921. June 30, 1945, ch.
212, Sec. 301, 59
Stat. 298. May 24,
1946, ch. 270, Sec.
10, 60 Stat. 218.
Sept. 1, 1954, ch.
1208, Sec. 206, 68
Stat. 1110.
(c) 5 U.S.C. 926. Sept. 1, 1954, ch.
1208, Sec. 208(a),
68 Stat. 1111. July
18, 1958, Pub. L.
85-525, 72 Stat.
363.
-------------------------------
In subsection (b), the words ''head of an agency'' are
substituted for ''head of any department, independent
establishment, or agency, including Government-owned or controlled
corporations'' because of the definition of ''agency'' and the
application stated in section 5541. The words ''the United States''
are substituted for ''the several States and the District of
Columbia''.
In subsection (c), the words ''head of an agency'' are
substituted for ''head of any department, independent
establishment, or agency, including Government-owned or controlled
corporations, or of the municipal government of the District of
Columbia'' because of the definition of ''agency'' and the
application stated in section 5541. The word ''officer'' is omitted
as included in ''employee''. The word ''scheduled'' is omitted
since section 603 of the Act of Oct. 11, 1962, Pub. L. 87-793, 76
Stat. 847, eliminated the necessity of referring to rates as
scheduled or longevity. Reference to the ''Classification Act of
1949, as amended'' is omitted as unnecessary.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
1967 Act
---------------------------------------------------------------------
Section of title 5 Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
5545(c) 5 App.: 926. July 18, 1966, Pub.
L. 89-504 Sec.
404(c), 405(d),
(e), 80 Stat. 297,
298.
5545(d) 5 App.: 1134. July 19, 1966, Pub.
L. 89-512, Sec. 1,
80 Stat. 318.
-------------------------------
In the second sentence of subsection (d), the words ''Under such
regulations as the Commission may prescribe, and for such minimum
periods as it determines appropriate'' are substituted for clauses
(3) and (4) of the third sentence of 5 App. U.S.C. 1134. That
requirement in clause (4) that the Commission prescribe regulations
is codified in 5 U.S.C. 5548(b) by section 1 (32) of this bill.
The words ''an employee to whom chapter 51 and subchapter III of
chapter 53 of this title applies is entitled to be paid the
appropriate differential'' are substituted for ''The appropriate
differential shall be paid to any officer or employee to whom this
Act applies'' to reflect the codification of that act
(Classification Act of 1949) in title 5, United States Code, and to
conform with the definitions applicable.
In subsection (d)(1), the words ''does not apply to an employee''
are substituted for ''shall not be applicable with respect to any
officer or employee.''
In subsection (d)(2), the words ''may not . . . applicable to the
employee'' are substituted for ''shall not . . . applicable with
respect to such officer or employee''.
-REFTEXT-
REFERENCES IN TEXT
GS-10, referred to in subsec. (c)(1), is contained in the General
Schedule which is set out under section 5332 of this title.
-MISC2-
AMENDMENTS
1992 - Subsec. (d). Pub. L. 102-378 made technical correction to
directory language of Pub. L. 101-509, Sec. 529 (title II, Sec.
203). See 1990 Amendment note below.
1990 - Subsec. (c)(1). Pub. L. 101-509, Sec. 529 (title I, Sec.
101(b)(3)(E)), inserted ''(including any applicable locality-based
comparability payment under section 5304 or similar provision of
law and any applicable special rate of pay under section 5305 or
similar provision of law)'' after ''GS-10''.
Subsec. (d). Pub. L. 101-509, Sec. 529 (title II, Sec. 203), as
amended by Pub. L. 102-378, struck out ''irregular or
intermittent'' before ''duty involving unusual'' in first sentence
and inserted '', except in such circumstances as the Office may by
regulation prescribe'' after ''thereof'' in par. (1).
1989 - Subsec. (c)(2). Pub. L. 101-173 amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ''an
employee in a position in which the hours of duty cannot be
controlled administratively, and which requires substantial amounts
of irregular, unscheduled, overtime duty with the employee
generally being responsible for recognizing, without supervision,
circumstances which require him to remain on duty, shall receive
premium pay for this duty on an annual basis instead of premium pay
provided by other provisions of this subchapter, except for
regularly scheduled overtime, night, and Sunday duty, and for
holiday duty. Premium pay under this paragraph is determined as an
appropriate percentage, not less than 10 percent nor more than 25
percent, of such part of the rate of basic pay for the position as
does not exceed the minimum rate of basic pay for GS-10, by taking
into consideration the frequency and duration of irregular
unscheduled overtime duty required in the position.''
1982 - Subsec. (a). Pub. L. 97-258 substituted ''section 5141''
for ''section 180''.
1979 - Subsec. (c)(2). Pub. L. 96-54 substituted ''percent'' for
''per centum'' wherever appearing.
1978 - Subsecs. (c), (d). Pub. L. 95-454 substituted ''Office of
Personnel Management'' for ''Civil Service Commission'' and
''Office'' for ''Commission'' wherever appearing.
1975 - Pub. L. 94-183 struck out ''Sunday,'' after ''Night,'' in
section catchline.
1970 - Subsec. (c)(2). Pub. L. 91-231 corrected the system of
premium compensation of employees whose work schedules cannot be
administratively controlled by providing for separate treatment for
irregular, unscheduled, and overtime duty on one hand and for duty
at night, on Sundays, and on holidays on the other.
1968 - Subsec. (c)(1). Pub. L. 90-556 inserted ''(or, for a
position described in section 5542(a)(3) of this title, of the
basic pay of the position)'' after ''GS-10''.
1967 - Subsec. (e)(2). Pub. L. 90-206 substituted ''not less than
10 percent nor more than 25 percent'' for ''not in excess of 15
percent''.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by Pub. L. 101-509 effective on such date as the
President shall determine, but not earlier than 90 days, and not
later than 180 days, after Nov. 5, 1990, see section 529 (title
III, Sec. 305) of Pub. L. 101-509, set out as a note under section
5301 of this title.
EFFECTIVE DATE OF 1989 AMENDMENT
Section 1(b) of Pub. L. 101-173 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply with
respect to overtime duty performed on or after the first day of the
first applicable pay period beginning after September 30, 1990.''
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-54 effective July 12, 1979, see section
2(b) of Pub. L. 96-54, set out as a note under section 305 of this
title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,
1978, see section 907 of Pub. L. 95-454, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-231 effective Apr. 15, 1970, see section
9(b) of Pub. L. 91-231, set out in a 1970 Increase in Pay Rates
note under section 5332 of this title.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-556 effective on first day of first pay
period beginning on or after thirtieth day after Oct. 10, 1968, see
section 3 of Pub. L. 90-556, set out as a note under section 5542
of this title.
EFFECTIVE DATE OF 1967 AMENDMENT
Amendment by Pub. L. 90-206 effective at beginning of first pay
period which begins on or after Dec. 16, 1967, see section
220(a)(3) of Pub. L. 90-206, set out as a note under section 603 of
Title 28, Judiciary and Judicial Procedure.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5541, 5545a, 5546, 5547,
5548, 5595, 6123, 8114, 8331, 8704 of this title; title 2 section
1371; title 14 section 432; title 15 section 278e; title 38 section
7457.
-CITE-
5 USC Sec. 5545a 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
-HEAD-
Sec. 5545a. Availability pay for criminal investigators
-STATUTE-
(a) For purposes of this section -
(1) the term ''available'' refers to the availability of a
criminal investigator and means that an investigator shall be
considered generally and reasonably accessible by the agency
employing such investigator to perform unscheduled duty based on
the needs of an agency;
(2) the term ''criminal investigator'' means a law enforcement
officer as defined under section 5541(3) (other than an officer
occupying a position under title II of Public Law 99-399, subject
to subsection (k)) who is required to -
(A) possess a knowledge of investigative techniques, laws of
evidence, rules of criminal procedure, and precedent court
decisions concerning admissibility of evidence, constitutional
rights, search and seizure, and related issues;
(B) recognize, develop, and present evidence that
reconstructs events, sequences and time elements for
presentation in various legal hearings and court proceedings;
(C) demonstrate skills in applying surveillance techniques,
undercover work, and advising and assisting the United States
Attorney in and out of court;
(D) demonstrate the ability to apply the full range of
knowledge, skills, and abilities necessary for cases which are
complex and unfold over a long period of time (as distinguished
from certain other occupations that require the use of some
investigative techniques in short-term situations that may end
in arrest or detention);
(E) possess knowledge of criminal laws and Federal rules of
procedure which apply to cases involving crimes against the
United States, including -
(i) knowledge of the elements of a crime;
(ii) evidence required to prove the crime;
(iii) decisions involving arrest authority;
(iv) methods of criminal operations; and
(v) availability of detection devices; and
(F) possess the ability to follow leads that indicate a crime
will be committed rather than initiate an investigation after a
crime is committed;
(3) the term ''unscheduled duty'' means hours of duty a
criminal investigator works, or is determined to be available for
work, that are not -
(A) part of the 40 hours in the basic work week of the
investigator; or
(B) overtime hours paid under section 5542; and
(4) the term ''regular work day'' means each day in the
investigator's basic work week during which the investigator
works at least 4 hours that are not overtime hours paid under
section 5542 or hours considered part of section 5545a.
(b) The purpose of this section is to provide premium pay to
criminal investigators to ensure the availability of criminal
investigators for unscheduled duty in excess of a 40 hour work week
based on the needs of the employing agency.
(c) Each criminal investigator shall be paid availability pay as
provided under this section. Availability pay shall be paid to
ensure the availability of the investigator for unscheduled duty.
The investigator is generally responsible for recognizing, without
supervision, circumstances which require the investigator to be on
duty or be available for unscheduled duty based on the needs of the
agency. Availability pay provided to a criminal investigator for
such unscheduled duty shall be paid instead of premium pay provided
by other provisions of this subchapter, except premium pay for
regularly scheduled overtime work as provided under section 5542,
night duty, Sunday duty, and holiday duty.
(d)(1) A criminal investigator shall be paid availability pay, if
the average of hours described under paragraph (2)(A) and (B) is
equal to or greater than 2 hours.
(2) The hours referred to under paragraph (1) are -
(A) the annual average of unscheduled duty hours worked by the
investigator in excess of each regular work day; and
(B) the annual average of unscheduled duty hours such
investigator is available to work on each regular work day upon
request of the employing agency.
(3) Unscheduled duty hours which are worked by an investigator on
days that are not regular work days shall be considered in the
calculation of the annual average of unscheduled duty hours worked
or available for purposes of certification.
(4) An investigator shall be considered to be available when the
investigator cannot reasonably and generally be accessible due to a
status or assignment which is the result of an agency direction,
order, or approval as provided under subsection (f)(1).
(e)(1) Each criminal investigator receiving availability pay
under this section and the appropriate supervisory officer, to be
designated by the head of the agency, shall make an annual
certification to the head of the agency that the investigator has
met, and is expected to meet, the requirements of subsection (d).
The head of a law enforcement agency may prescribe regulations
necessary to administer this subsection.
(2) Involuntary reduction in pay resulting from a denial of
certification under paragraph (1) shall be a reduction in pay for
purposes of section 7512(4) of this title.
(f)(1) A criminal investigator who is eligible for availability
pay shall receive such pay during any period such investigator is -
(A) attending agency sanctioned training;
(B) on agency approved sick leave or annual leave;
(C) on agency ordered travel status; or
(D) on excused absence with pay for relocation purposes.
(2) Notwithstanding paragraph (1)(A), agencies or departments may
provide availability pay to investigators during training which is
considered initial, basic training usually provided in the first
year of service.
(3) Agencies or departments may provide availability pay to
investigators when on excused absence with pay, except as provided
in paragraph (1)(D).
(g) Section 5545(c) shall not apply to any criminal investigator
who is paid availability pay under this section.
(h) Availability pay under this section shall be -
(1) 25 percent of the rate of basic pay for the position; and
(2) treated as part of the basic pay for purposes of -
(A) sections 5595(c), 8114(e), 8331(3), and 8704(c); and
(B) such other purposes as may be expressly provided for by
law or as the Office of Personnel Management may by regulation
prescribe.
(i) The provisions of subsections (a)-(h) providing for
availability pay shall apply to a pilot employed by the United
States Customs Service who is a law enforcement officer as defined
under section 5541(3). For the purpose of this section, section
5542(d) of this title, and section 13(a)(16) and (b)(30) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(16) and
(b)(30)), such pilot shall be deemed to be a criminal investigator
as defined in this section. The Office of Personnel Management may
prescribe regulations to carry out this subsection.
(j) Notwithstanding any other provision of this section, any
Office of Inspector General which employs fewer than 5 criminal
investigators may elect not to cover such criminal investigators
under this section.
(k)(1) For purposes of this section, the term ''criminal
investigator'' includes a special agent occupying a position under
title II of Public Law 99-399 if such special agent -
(A) meets the definition of such term under paragraph (2) of
subsection (a) (applied disregarding the parenthetical matter
before subparagraph (A) thereof); and
(B) such special agent satisfies the requirements of subsection
(d) without taking into account any hours described in paragraph
(2)(B) thereof.
(2) In applying subsection (h) with respect to a special agent
under this subsection -
(A) any reference in such subsection to ''basic pay'' shall be
considered to include amounts designated as ''salary'';
(B) paragraph (2)(A) of such subsection shall be considered to
include (in addition to the provisions of law specified therein)
sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act
of 1980; and
(C) paragraph (2)(B) of such subsection shall be applied by
substituting for ''Office of Personnel Management'' the
following: ''Office of Personnel Management or the Secretary of
State (to the extent that matters exclusively within the
jurisdiction of the Secretary are concerned)''.
-SOURCE-
(Added Pub. L. 103-329, title VI, Sec. 633(b)(1), Sept. 30, 1994,
108 Stat. 2425; amended Pub. L. 104-19, title I, Sec. 901, 902(a),
July 27, 1995, 109 Stat. 230; Pub. L. 104-208, div. A, title I,
Sec. 101(f) (title VI, Sec. 659 (title II, Sec. 206(b)(2))), Sept.
30, 1996, 110 Stat. 3009-314, 3009-372, 3009-378; Pub. L. 105-277,
div. A, Sec. 101(b) (title IV, Sec. 407(a), (c)(1)), div. G,
subdiv. B, title XXIII, Sec. 2316(a), (c)(1), Oct. 21, 1998, 112
Stat. 2681-50, 2681-101, 2681-102, 2681-828.)
-REFTEXT-
REFERENCES IN TEXT
Title II of Public Law 99-399, referred to in subsecs. (a)(2) and
(k)(1), is title II of Pub. L. 99-399, Aug. 27, 1986, 100 Stat.
858, as amended, which is classified generally to subchapter II
(Sec. 4821 et seq.) of chapter 58 of Title 22, Foreign Relations
and Intercourse. For complete classification of this Act to the
Code, see Short Title note set out under section 4801 of Title 22
and Tables.
Sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act
of 1980, referred to in subsec. (k)(2)(B), are classified to
sections 4009(b)(1), 4045, 4046, and 4071e, respectively, of Title
22, Foreign Relations and Intercourse.
-MISC2-
AMENDMENTS
1998 - Subsec. (a)(2). Pub. L. 105-277, Sec. 101(b) (title IV,
Sec. 407(c)(1)) and Sec. 2316(c)(1), amended subsec. (a)(2)
identically, substituting ''Public Law 99-399, subject to
subsection (k))'' for ''Public Law 99-399)'' in introductory
provisions.
Subsec. (k). Pub. L. 105-277, Sec. 101(b) (title IV, Sec. 407(a))
and Sec. 2316(a), amended section identically, adding subsec. (k).
1996 - Subsec. (h)(2)(A). Pub. L. 104-208 struck out ''8431,''
after ''8331(3),''.
1995 - Subsec. (a)(2). Pub. L. 104-19, Sec. 901(1)(A), inserted
''who'' before ''is required to'' in introductory provisions.
Subsec. (a)(2)(E)(v). Pub. L. 104-19, Sec. 901(1)(B), inserted
''and'' at end.
Subsec. (i). Pub. L. 104-19, Sec. 902(a), added subsec. (i).
Subsec. (j). Pub. L. 104-19, Sec. 901(2), added subsec. (j).
EFFECTIVE DATE OF 1998 AMENDMENT
For effective date of amendment by Pub. L. 105-277, see section
101(b) (title IV, Sec. 407(d)) and section 2316(d) of Pub. L.
105-277, set out as a note under section 5542 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Section 101(f) (title VI, Sec. 659 (title II, Sec. 207)) of Pub.
L. 104-208 provided that: ''This title (title II (Sec. 201-207) of
section 659 of section 101(f) of Pub. L. 104-208, amending this
section and sections 8351, 8401, 8433, 8435, and 8440a to 8440c of
this title, repealing section 8431 of this title, enacting
provisions set out as notes under sections 8401 and 8433 of this
title, and amending provisions set out as a note under section 5343
of this title) shall take effect on the date of the enactment of
this Act (Sept. 30, 1996) and withdrawals and elections as provided
under the amendments made by this title shall be made at the
earliest practicable date as determined by the Executive Director
in regulations.''
EFFECTIVE DATE OF 1995 AMENDMENT
Section 902(b) of Pub. L. 104-19 provided that: ''The amendment
made by subsection (a) of this section (amending this section)
shall take effect on the first day of the first applicable pay
period which begins on or after the 30th day following the date of
enactment of this Act (July 27, 1995).''
EFFECTIVE DATE
Section 633(e) of Pub. L. 103-329 provided that: ''The amendments
made by this section (enacting this section and amending sections
5542 and 5547 of this title and section 213 of Title 29, Labor)
shall take effect on the first day of the first applicable pay
period which begins on or after the later of October 1, 1994, or
the 30th day following the date of enactment of this Act (Sept. 30,
1994), except that:
''(1) Criminal investigators, employed in Offices of Inspectors
General, who are not receiving administratively uncontrollable
overtime compensation or who are receiving such premium pay at a
rate less than 25 percent prior to the date of enactment of this
Act, may implement availability pay at any time prior to
September 30, 1995, after which date availability pay as
authorized under this section shall be provided to such criminal
investigators.
''(2) Criminal investigators, employed by Offices of Inspectors
General, who are receiving administratively uncontrollable
overtime at a rate less than 25 percent, shall continue to
receive this compensation at the same rate or higher until
availability pay compensation is provided, which shall be no
later than the last pay period ending on or before September 30,
1995.''
IMPLEMENTATION
Pub. L. 105-277, div. A, Sec. 101(b) (title IV, Sec. 407(b)),
div. G, subdiv. B, title XXIII, Sec. 2316(b), Oct. 21, 1998, 112
Stat. 2681-50, 2681-102, 2681-828, provided that: ''Not later than
the date on which the amendments made by this section (amending
this section and section 5542 of this title) take effect (see
Effective Date of 1998 Amendment note set out above), each special
agent of the Diplomatic Security Service who satisfies the
requirements of subsection (k)(1) of section 5545a of title 5,
United States Code, as amended by this section, and the appropriate
supervisory officer, to be designated by the Secretary of State,
shall make an initial certification to the Secretary of State that
the special agent is expected to meet the requirements of
subsection (d) of such section 5545a. The Secretary of State may
prescribe procedures necessary to administer this subsection.''
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the United States Customs Service of the Department of the
Treasury, including functions of the Secretary of the Treasury
relating thereto, to the Secretary of Homeland Security, and for
treatment of related references, see sections 203(1), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.
-MISC5-
CERTIFICATION OF CRIMINAL INVESTIGATORS
Section 633(f) of Pub. L. 103-329 provided that: ''Not later than
the effective date of this section (see Effective Date note above),
each criminal investigator under section 5545a of title 5, United
States Code, as added by this section, and the appropriate
supervisory officer, to be designated by the head of the agency,
shall make an initial certification to the head of the agency that
the criminal investigator is expected to meet the requirements of
subsection (d) of such section 5545a. The head of a law enforcement
agency may prescribe procedures necessary to administer this
paragraph.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5542, 5547, 8331 of this
title; title 2 section 1371; title 29 section 213.
-CITE-
5 USC Sec. 5545b 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
-HEAD-
Sec. 5545b. Pay for firefighters
-STATUTE-
(a) This section applies to an employee whose position is
classified in the firefighter occupation in conformance with the
GS-081 standard published by the Office of Personnel Management,
and whose normal work schedule, as in effect throughout the year,
consists of regular tours of duty which average at least 106 hours
per biweekly pay period.
(b)(1) If the regular tour of duty of a firefighter subject to
this section generally consists of 24-hour shifts, rather than a
basic 40-hour workweek (as determined under regulations prescribed
by the Office of Personnel Management), section 5504(b) shall be
applied as follows in computing pay -
(A) paragraph (1) of such section shall be deemed to require
that the annual rate be divided by 2756 to derive the hourly
rate; and
(B) the computation of such firefighter's daily, weekly, or
biweekly rate shall be based on the hourly rate under
subparagraph (A);
(2) For the purpose of sections 5595(c), 5941, 8331(3), and
8704(c), and for such other purposes as may be expressly provided
for by law or as the Office of Personnel Management may by
regulation prescribe, the basic pay of a firefighter subject to
this subsection shall include an amount equal to the firefighter's
basic hourly rate (as computed under paragraph (1)(A)) for all
hours in such firefighter's regular tour of duty (including
overtime hours).
(c)(1) If the regular tour of duty of a firefighter subject to
this section includes a basic 40-hour workweek (as determined under
regulations prescribed by the Office of Personnel Management),
section 5504(b) shall be applied as follows in computing pay -
(A) the provisions of such section shall apply to the hours
within the basic 40-hour workweek;
(B) for hours outside the basic 40-hour workweek, such section
shall be deemed to require that the hourly rate be derived by
dividing the annual rate by 2756; and
(C) the computation of such firefighter's daily, weekly, or
biweekly rate shall be based on subparagraphs (A) and (B), as
each applies to the hours involved.
(2) For purposes of sections 5595(c), 5941, 8331(3), and 8704(c),
and for such other purposes as may be expressly provided for by law
or as the Office of Personnel Management may by regulation
prescribe, the basic pay of a firefighter subject to this
subsection shall include -
(A) an amount computed under paragraph (1)(A) for the hours
within the basic 40-hour workweek; and
(B) an amount equal to the firefighter's basic hourly rate (as
computed under paragraph (1)(B)) for all hours outside the basic
40-hour workweek that are within such firefighter's regular tour
of duty (including overtime hours).
(d)(1) A firefighter who is subject to this section shall receive
overtime pay in accordance with section 5542, but shall not receive
premium pay provided by other provisions of this subchapter.
(2) For the purpose of applying section 7(k) of the Fair Labor
Standards Act of 1938 to a firefighter who is subject to this
section, no violation referred to in such section 7(k) shall be
deemed to have occurred if the requirements of section 5542(a) are
met, applying section 5542(a) as provided in subsection (f) of that
section: Provided, That the overtime hourly rate of pay for such
firefighter shall in all cases be an amount equal to one and
one-half times the firefighter's hourly rate of basic pay under
subsection (b)(1)(A) or (c)(1)(B) of this section, as applicable.
(3) The Office of Personnel Management may prescribe regulations,
with respect to firefighters subject to this section, that would
permit an agency to reduce or eliminate the variation in the amount
of firefighters' biweekly pay caused by work scheduling cycles that
result in varying hours in the regular tours of duty from pay
period to pay period. Under such regulations, the pay that a
firefighter would otherwise receive for regular tours of duty over
the work scheduling cycle shall, to the extent practicable, remain
unaffected.
(4) Notwithstanding section 8114(e)(1), overtime pay for a
firefighter subject to this section for hours in a regular tour of
duty shall be included in any computation of pay under section
8114.
-SOURCE-
(Added Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec.
628(a)(2)), Oct. 21, 1998, 112 Stat. 2681-480, 2681-519; amended
Pub. L. 106-554, Sec. 1(a)(3) (title VI, Sec. 641(a)), Dec. 21,
2000, 114 Stat. 2763, 2763A-169.)
-REFTEXT-
REFERENCES IN TEXT
Section 7(k) of the Fair Labor Standards Act of 1938, referred to
in subsec. (d)(2), is classified to section 207(k) of Title 29,
Labor.
-MISC2-
AMENDMENTS
2000 - Subsec. (d)(4). Pub. L. 106-554 added par. (4).
EFFECTIVE DATE OF 2000 AMENDMENT
Pub. L. 106-554, Sec. 1(a)(3) (title VI, Sec. 641(b)), Dec. 21,
2000, 114 Stat. 2763, 2763A-169, provided that: ''The amendment in
subsection (a) (amending this section) shall be effective as if it
had been enacted as part of the Federal Firefighters Overtime Pay
Reform Act of 1998 (Pub. L. 105-277, div A, Sec. 101(h) (title VI,
Sec. 628)) (112 Stat. 2681-519).''
EFFECTIVE DATE
Section effective on first day of first applicable pay period
which begins on or after Oct. 1, 1998, see section 101(h) (title
VI, Sec. 628(e)) of Pub. L. 105-277, set out as an Effective Date
of 1998 Amendment note under section 4109 of this title.
REGULATIONS
Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 628(f)),
Oct. 21, 1998, 112 Stat. 2681-480, 2681-521, provided that: ''Under
regulations prescribed by the Office of Personnel Management, a
firefighter subject to section 5545b of title 5, United States
Code, as added by this section, whose regular tours of duty average
60 hours or less per workweek and do not include a basic 40-hour
workweek, shall, upon implementation of this section, be granted an
increase in basic pay equal to 2 step-increases of the applicable
General Schedule grade, and such increase shall not be an
equivalent increase in pay. If such increase results in a change
to a longer waiting period for the firefighter's next step
increase, the firefighter shall be credited with an additional year
of service for the purpose of such waiting period. If such
increase results in a rate of basic pay which is above the maximum
rate of the applicable grade, such resulting pay rate shall be
treated as a retained rate of basic pay in accordance with section
5363 of title 5, United States Code.''
ELIGIBILITY FOR PAY INCREASE
Pub. L. 106-31, title III, Sec. 3032, May 21, 1999, 113 Stat.
104, provided that:
''(a) The treatment provided to firefighters under section 628(f)
of the Treasury and General Government Appropriations Act, 1999 (as
included in section 101(h) of division A of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277)) (set out as a note above) shall be provided
to any firefighter who -
''(1) on the effective date of section 5545b of title 5, United
States Code (see Effective Date note above) -
''(A) was subject to such section; and
''(B) had a regular tour of duty that averaged more than 60
hours per week; and
''(2) before December 31, 1999, is involuntarily moved without
a break in service from the regular tour of duty under paragraph
(1) to a regular tour of duty that -
''(A) averages 60 hours or less per week; and
''(B) does not include a basic 40-hour workweek.
''(b) Subsection (a) shall apply to firefighters described under
that subsection as of the effective date of section 5545b of title
5, United States Code.
''(c) The Office of Personnel Management may prescribe
regulations necessary to implement this section.''
NO REDUCTION IN REGULAR PAY
Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 628(g)),
Oct. 21, 1998, 112 Stat. 2681-480, 2681-521, provided that: ''Under
regulations prescribed by the Office of Personnel Management, the
regular pay (over the established work scheduling cycle) of a
firefighter subject to section 5545b of title 5, United States
Code, as added by this section, shall not be reduced as a result of
the implementation of this section.''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 4109, 5542, 5547, 8331 of
this title.
-CITE-
5 USC Sec. 5546 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
-HEAD-
Sec. 5546. Pay for Sunday and holiday work
-STATUTE-
(a) An employee who performs work during a regularly scheduled
8-hour period of service which is not overtime work as defined by
section 5542(a) of this title a part of which is performed on
Sunday is entitled to pay for the entire period of service at the
rate of his basic pay, plus premium pay at a rate equal to 25
percent of his rate of basic pay. For employees serving outside
the United States in areas where Sunday is a routine workday and
another day of the week is officially recognized as the day of rest
and worship, the Secretary of State may designate the officially
recognized day of rest and worship as the day with respect to which
the preceding sentence shall apply instead of Sunday.
(b) An employee who performs work on a holiday designated by
Federal Statute, Executive order, or with respect to an employee of
the government of the District of Columbia, by order of the
District of Columbia Council, is entitled to pay at the rate of his
basic pay, plus premium pay at a rate equal to the rate of his
basic pay, for that holiday work which is not -
(1) in excess of 8 hours; or
(2) overtime work as defined by section 5542(a) of this title.
(c) An employee who is required to perform any work on a
designated holiday is entitled to pay for at least 2 hours of
holiday work.
(d) An employee who performs overtime work as defined by section
5542(a) of this title on a Sunday or a designated holiday is
entitled to pay for that overtime work in accordance with section
5542(a) of this title.
(e) Premium pay under this section is in addition to premium pay
which may be due for the same work under section 5545(a) and (b) of
this title, providing premium pay for nightwork.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 90-83, Sec.
1(29), Sept. 11, 1967, 81 Stat. 201; Pub. L. 90-623, Sec. 1(13),
Oct. 22, 1968, 82 Stat. 1312; Pub. L. 105-277, div. G, subdiv. B,
title XXIII, Sec. 2317(2), Oct. 21, 1998, 112 Stat. 2681-829.)
-MISC1-
Historical and Revision Notes
1966 Act
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 922. June 30, 1945, ch.
212, Sec. 302, 59
Stat. 298.
May 24, 1946, ch.
270, Sec. 11, 60
Stat. 218.
Sept. 1, 1954, ch.
1208, Sec. 207, 68
Stat. 1110.
July 18, 1958, Pub.
L. 85-533, Sec. 1,
72 Stat. 377.
-------------------------------
In subsections (a) and (b), the word ''officer'' is omitted as
included in ''employee''.
In subsections (b) and (c), the word ''designated'' is
substituted for ''such a'' and ''such'' in former section 922(b)
and (c) to identify the holiday as one designated by statute,
Executive order, or the Board of Commissioners of the District of
Columbia.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
1967 Act
---------------------------------------------------------------------
Section of title 5 Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
5546(a) 5 App.: 921a. July 18, 1966, Pub.
L. 89-504, Sec.
405(b)(1), (c), 80
Stat. 297.
-------------------------------
In subsection (a), the words ''An employee who performs work . .
. is entitled to pay . . . at the rate of his basic pay'' are
coextensive with and substituted for ''Any . . . service . . .
performed . . . shall be compensated . . . at the rate of basic
compensation of the officer or employee performing such work.'' The
words ''section 5542(a) of this title'' are substituted for
''section 201 of this Act'' to reflect the codification of that
section in title 5, United States Code. The words ''between
midnight Saturday and midnight Sunday'' are coextensive with and
substituted for ''within the period commencing at midnight Saturday
and ending at midnight Sunday''.
AMENDMENTS
1998 - Subsec. (a). Pub. L. 105-277 inserted at end ''For
employees serving outside the United States in areas where Sunday
is a routine workday and another day of the week is officially
recognized as the day of rest and worship, the Secretary of State
may designate the officially recognized day of rest and worship as
the day with respect to which the preceding sentence shall apply
instead of Sunday.''
1968 - Subsec. (b). Pub. L. 90-623, Sec. 1(13)(A), substituted
''District of Columbia Council'' for ''Board of Commissioners of
the District of Columbia''.
Subsec. (d). Pub. L. 90-623, Sec. 1(13)(B), substituted
''5542(a)'' for ''5442(a)''.
EFFECTIVE DATE OF 1968 AMENDMENT
Amendment by Pub. L. 90-623 intended to restate without
substantive change the law in effect on Oct. 22, 1968, but
amendment of subsec. (d) of this section by section 1(13)(B) of
Pub. L. 90-623 effective as of Sept. 6, 1966, for all purposes, see
section 6 of Pub. L. 90-623, set out as a note under section 5334
of this title.
-TRANS-
TRANSFER OF FUNCTIONS
District of Columbia Council, as established by Reorg. Plan No. 3
of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93-198,
title VII, Sec. 711, Dec. 24, 1973, 87 Stat. 818, and replaced by
Council of District of Columbia, as provided by section 401 of Pub.
L. 93-198.
-MISC5-
CONDITION OF PERFORMANCE
Pub. L. 105-277, div. A, Sec. 101(h) (title VI, Sec. 624), Oct.
21, 1998, 112 Stat. 2681-480, 2681-518, provided that:
''Notwithstanding any other provision of law, no part of any funds
provided by this Act or any other Act beginning in fiscal year 1999
and thereafter shall be available for paying Sunday premium pay to
any employee unless such employee actually performed work during
the time corresponding to such premium pay.''
Similar provisions were contained in the following prior
appropriations act:
Pub. L. 105-61, title VI, Sec. 636, Oct. 10, 1997, 111 Stat.
1316.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 5541, 5547, 6128 of this
title; title 2 section 1371; title 14 section 432; title 15 section
278e.
-CITE-
5 USC Sec. 5546a 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
-HEAD-
Sec. 5546a. Differential pay for certain employees of the Federal
Aviation Administration and the Department of Defense
-STATUTE-
(a) The Administrator of the Federal Aviation Administration
(hereafter in this section referred to as the ''Administrator'')
and the Secretary of Defense (hereafter in this section referred to
as the ''Secretary'') may pay premium pay at the rate of 5 per
centum of the applicable rate of basic pay to -
(1) any employee of the Federal Aviation Administration or the
Department of Defense who is -
(A) occupying a position in the air traffic controller series
classified not lower than GS-9 and located in an air traffic
control center or terminal or in a flight service station;
(B) assigned to a position classified not lower than GS-09 or
WG-10 located in an airway facilities sector; or
(C) assigned to a flight inspection crew-member position
classified not lower than GS-11 located in a flight inspection
field office,
the duties of whose position are determined by the Administrator
or the Secretary to be directly involved in or responsible for
the operation and maintenance of the air traffic control system;
and
(2) any employee of the Federal Aviation Administration or the
Department of Defense who is assigned to a flight test pilot
position classified not lower than GS-12 located in a region or
center, the duties of whose position are determined by the
Administrator or the Secretary to be unusually taxing, physically
or mentally, and to be critical to the advancement of aviation
safety; and
(3) any employee of the Federal Aviation Administration who
occupies a position at the Federal Aviation Administration
Academy, Oklahoma City, Oklahoma, the duties of which are
determined by the Administrator to require the individual to be
actively engaged in or directly responsible for training
employees to perform the duties of a position described in
subparagraph (a); (b); or (c) or paragraph (1) of this
subsection, and who, immediately prior to assuming such position
at such Academy, occupied a position referred to in subparagraph
(a), (b), or (c) of paragraph (1) of this subsection.
(b) The premium pay payable under any subsection of this section
is in addition to basic pay and to premium pay payable under any
other subsection of this section and any other provision of this
subchapter.
(c)(1) The Administrator or the Secretary may pay premium pay to
any employee of the Federal Aviation Administration or the
Department of Defense who -
(A) is an air traffic controller located in an air traffic
control center or terminal;
(B) is not required as a condition of employment to be
certified by the Administrator or the Secretary as proficient and
medically qualified to perform duties including the separation
and control of air traffic; and
(C) is so certified.
(2) Premium pay paid under paragraph (1) of this subsection shall
be paid at the rate of 1.6 per centum of the applicable rate of
basic pay for so long as such employee is so certified.
(d)(1) The Administrator or the Secretary may pay premium pay to
any air traffic controller of the Federal Aviation Administration
or the Department of Defense who is assigned by the Administrator
or the Secretary to provide on-the-job training to another air
traffic controller while such other air traffic controller is
directly involved in the separation and control of live air
traffic.
(2) Premium pay paid under paragraph (1) of this subsection shall
be paid at the rate of 10 per centum of the applicable hourly rate
of basic pay times the number of hours and portion of an hour
during which the air traffic controller of the Federal Aviation
Administration or the Department of Defense provides on-the-job
training.
(e)(1) The Administrator or the Secretary may pay premium pay to
any air traffic controller or flight service station specialist of
the Federal Aviation Administration or the Department of Defense
who, while working a regularly scheduled eight-hour period of
service, is required by his supervisor to work during the fourth
through sixth hour of such period without a break of thirty minutes
for a meal.
(2) Premium pay paid under paragraph (1) of this subsection shall
be paid at the rate of 50 per centum of one-half of the applicable
hourly rate of basic pay.
(f)(1) The Administrator or the Secretary shall prescribe
standards for determining which air traffic controllers and other
employees of the Federal Aviation Administration or the Department
of Defense are to be paid premium pay under this section.
(2) The Administrator and the Secretary may prescribe such rules
as he determines are necessary to carry out the provisions of this
section.
-SOURCE-
(Added Pub. L. 97-276, Sec. 151(c)(1), (d), Oct. 2, 1982, 96 Stat.
1200, 1201; amended Pub. L. 97-377, title I, Sec. 145(a), formerly
Sec. 145, Dec. 21, 1982, 96 Stat. 1917, renumbered Pub. L. 98-78,
title III, Sec. 320(1), Aug. 15, 1983, 97 Stat. 473; Pub. L.
98-525, title XV, Sec. 1537(c)(1)-(6)(A), Oct. 19, 1984, 98 Stat.
2635, 2636.)
-MISC1-
AMENDMENTS
1984 - Pub. L. 98-525, Sec. 1537(c)(6)(A), inserted ''and the
Department of Defense'' in section catchline.
Subsec. (a). Pub. L. 98-525, Sec. 1537(c)(1)(A), inserted ''and
the Secretary of Defense (hereafter in this section referred to as
the 'Secretary')'' in provisions preceding par. (1).
Subsec. (a)(1). Pub. L. 98-525, Sec. 1537(c)(1)(B), inserted ''or
the Department of Defense'' in provisions preceding subpar. (A) and
''or the Secretary'' in provisions following subpar. (C).
Subsec. (a)(2). Pub. L. 98-525, Sec. 1537(c)(1)(C), inserted ''or
the Department of Defense'' and ''or the Secretary''.
Subsecs. (c)(1), (d), (e)(1), (f)(1). Pub. L. 98-525, Sec.
1537(c)(2)-(5)(A), inserted ''or the Secretary'' after
''Administrator'' wherever appearing, and ''or the Department of
Defense'' after ''Administration'' wherever appearing.
Subsec. (f)(2). Pub. L. 98-525, Sec. 1537(c)(5)(B), inserted
''and the Secretary''.
1982 - Subsec. (a)(3). Pub. L. 97-377 added par. (3).
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-525 effective Oct. 1, 1984, see section
1537(f) of Pub. L. 98-525, set out as a note under section 4109 of
this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Section 145(b) of Pub. L. 97-377, as added by Pub. L. 98-78,
title III, Sec. 320(2), Aug. 15, 1983, 97 Stat. 473, provided that:
''The amendment made by subsection (a) of this section (amending
this section) shall be effective as of 5 o'clock ante meridian
eastern daylight time, August 3, 1981.''
EFFECTIVE DATE
Section 151(h)(1), (2) of Pub. L. 97-276 provided that:
''(1) The amendments made by subsections 152 (151) (b), (c), (e),
and (g) of this joint resolution (enacting subsecs. (a) and (b) of
this section and amending sections 5532, 5547, and 8344 of this
title) shall take effect at 5 o'clock ante meridian eastern
daylight time, August 3, 1981.
''(2) The amendments made by subsection 152 (151) (a) and
subsection 152 (151) (d) of this joint resolution (enacting
subsecs. (c)-(f) of this section and amending section 4109 of this
title) shall take effect on the first day of the first applicable
pay period beginning after the date of the enactment of this joint
resolution (Oct. 2, 1982).''
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 5547 of this title; title
2 section 1371.
-CITE-
5 USC Sec. 5547 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
-HEAD-
Sec. 5547. Limitation on premium pay
-STATUTE-
(a) An employee may be paid premium pay under sections 5542,
5545(a), (b), and (c), 5545a, and 5546(a) and (b) only to the
extent that the payment does not cause the aggregate of basic pay
and such premium pay for any pay period for such employee to exceed
the greater of -
(1) the maximum rate of basic pay payable for GS-15 (including
any applicable locality-based comparability payment under section
5304 or similar provision of law and any applicable special rate
of pay under section 5305 or similar provision of law); or
(2) the rate payable for level V of the Executive Schedule.
(b)(1) Subject to regulations prescribed by the Office of
Personnel Management, subsection (a) shall not apply to an employee
who is paid premium pay by reason of work in connection with an
emergency (including a wildfire emergency) that involves a direct
threat to life or property, including work performed in the
aftermath of such an emergency.
(2) Notwithstanding paragraph (1), no employee referred to in
such paragraph may be paid premium pay under the provisions of law
cited in subsection (a) if, or to the extent that, the aggregate of
the basic pay and premium pay under those provisions for such
employee would, in any calendar year, exceed the greater of -
(A) the maximum rate of basic pay payable for GS-15 in effect
at the end of such calendar year (including any applicable
locality-based comparability payment under section 5304 or
similar provision of law and any applicable special rate of pay
under section 5305 or similar provision of law); or
(B) the rate payable for level V of the Executive Schedule in
effect at the end of such calendar year.
(3) Subject to regulations prescribed by the Office of Personnel
Management, the head of an agency may determine that subsection (a)
shall not apply to an employee who is paid premium pay to perform
work that is critical to the mission of the agency. Such employees
may be paid premium pay under the provisions of law cited in
subsection (a) if, or to the extent that, the aggregate of the
basic pay and premium pay under those provisions for such employee
would not, in any calendar year, exceed the greater of -
(A) the maximum rate of basic pay payable for GS-15 in effect
at the end of such calendar year (including any applicable
locality-based comparability payment under section 5304 or
similar provision of law and any applicable special rate of pay
under section 5305 or similar provision of law); or
(B) the rate payable for level V of the Executive Schedule in
effect at the end of such calendar year.
(c) The Office of Personnel Management shall prescribe
regulations governing the methods of applying subsection (b)(2) and
(b)(3) to employees who receive premium pay under section 5545(c)
or 5545a, or to firefighters covered by section 5545b who receive
overtime pay for hours in their regular tour of duty, and the
method of payment to such employees. Such regulations may limit
the payment of such premium pay on a biweekly basis.
(d) This section shall not apply to any employee of the Federal
Aviation Administration or the Department of Defense who is paid
premium pay under section 5546a.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 90-83, Sec.
1(31), Sept. 11, 1967, 81 Stat. 201; Pub. L. 97-276, Sec. 151(e),
Oct. 2, 1982, 96 Stat. 1201; Pub. L. 98-525, title XV, Sec.
1537(d), Oct. 19, 1984, 98 Stat. 2636; Pub. L. 100-523, Sec. 2,
Oct. 24, 1988, 102 Stat. 2605; Pub. L. 101-509, title V, Sec. 529
(title II, Sec. 204, title IV, Sec. 410(b)), Nov. 5, 1990, 104
Stat. 1427, 1456, 1469; Pub. L. 102-378, Sec. 2(43), Oct. 2, 1992,
106 Stat. 1352; Pub. L. 103-329, title VI, Sec. 633(b)(2), Sept.
30, 1994, 108 Stat. 2427; Pub. L. 107-107, div. A, title XI, Sec.
1114(a), Dec. 28, 2001, 115 Stat. 1239.)
-MISC1-
Historical and Revision Notes
1966 Act
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 943. June 30, 1945, ch.
212, Sec. 603, 59
Stat. 302. May 24,
1946, ch. 270, Sec.
7(a), 60 Stat. 218.
July 3, 1948, ch.
830, Sec. 303(a),
62 Stat. 1268.
Sept. 1, 1954, ch.
1208, Sec. 209, 68
Stat. 1112.
-------------------------------
Former section 943(a), (b) is combined and restated for clarity
and conciseness. The word ''officer'' is omitted as included in
''employee''. The word ''scheduled'' is omitted since section 603
of the Act of Oct. 11, 1962, Pub. L. 87-793, 76 Stat. 847,
eliminated the necessity of referring to rates as scheduled or
longevity. Reference to the ''Classification Act of 1949, as
amended'' is omitted as unnecessary.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
1967 ACT
In the codification of 5 U.S.C. 5547, the words ''premium pay
under this subchapter'' were substituted for ''premium compensation
provided by this Act'' appearing in the source statute - section
603 of the Federal Employees Pay Act of 1945, as amended (former 5
U.S.C. 943). This amendment of 5 U.S.C. 5547 is made for clarity
and precision of reference and in recognition that the source
statutes for certain sections of subchapter V of chapter 55 of
title 5 include statutes that were not a part of the Federal
Employees Pay Act of 1949. Specifically, 5 U.S.C. 5544(a) is based
in part on section 23 (2d proviso) of the act of March 28, 1934, as
amended by 76 Stat. 360; and 5 U.S.C. 5545(d) is based on section
804 of the Classification Act of 1949, as added by Public Law
89-512, 80 Stat. 318. Also, 5 U.S.C. 5541(2)(xi) in effect excludes
employees subject to 5 U.S.C. 5544 from the operation of 5 U.S.C.
5547.
-REFTEXT-
REFERENCES IN TEXT
GS-15, referred to in subsecs. (a)(1) and (b)(2)(A), (3)(A), is
contained in the General Schedule which is set out under section
5332 of this title.
Level V of the Executive Schedule, referred to in subsecs. (a)(2)
and (b)(2)(B), (3)(B), is set out in section 5316 of this title.
-MISC2-
AMENDMENTS
2001 - Pub. L. 107-107 reenacted section catchline without change
and amended text generally. Prior to amendment, text read as
follows:
''(a) An employee may be paid premium pay under sections 5542,
5545(a), (b), and (c), 5545a, and 5546(a) and (b) of this title
only to the extent that the payment does not cause his aggregate
rate of pay for any pay period to exceed the maximum rate for GS-15
(including any applicable locality-based comparability payment
under section 5304 or similar provision of law and any applicable
special rate of pay under section 5305 or similar provision of
law). The first sentence of this subsection shall not apply to any
employee of the Federal Aviation Administration or the Department
of Defense who is paid premium pay under section 5546a of this
title.
''(b)(1) Subject to regulations prescribed by the Office of
Personnel Management, the first sentence of subsection (a) shall
not apply to an employee who is paid premium pay by reason of work
in connection with an emergency which involves a direct threat to
life or property, including a forest wildfire emergency.
''(2) Notwithstanding paragraph (1), no employee referred to in
such paragraph may be paid premium pay under the provisions of law
cited in the first sentence of subsection (a) if, or to the extent
that, the aggregate of such employee's basic pay and premium pay
under those provisions would, in any calendar year, exceed the
maximum rate payable for GS-15 in effect at the end of such
calendar year.
''(c)(1) Subsections (a) and (b) shall not apply to a law
enforcement officer.
''(2) A law enforcement officer may be paid premium pay under the
provisions of law cited in the first sentence of subsection (a)
only to the extent that the payment does not cause the officer's
aggregate rate of pay for any pay period to exceed the lesser of -
''(A) 150 percent of the minimum rate payable for GS-15
(including any applicable locality-based comparability payment
under section 5304 or similar provision of law and any applicable
special rate of pay under section 5305 or similar provision of
law); or
''(B) the rate payable for level V of the Executive Schedule.''
1994 - Subsec. (a). Pub. L. 103-329 inserted ''5545a,'' after
''5545(a), (b), and (c),''.
1992 - Subsec. (c)(3). Pub. L. 102-378 struck out par. (3) which
read as follows: ''For the purposes of this subsection, 'law
enforcement officer' means any law enforcement officer within the
meaning of section 8331(20) or section 8401(17).''
1990 - Subsec. (a). Pub. L. 101-509, Sec. 529 (title II, Sec.
204(1)), inserted ''(including any applicable locality-based
comparability payment under section 5304 or similar provision of
law and any applicable special rate of pay under section 5305 or
similar provision of law)'' after ''GS-15''.
Subsec. (b). Pub. L. 101-509, Sec. 529 (title II, Sec. 204(2)),
amended subsec. (b) generally, substituting present provisions for
former provisions consisting of pars. (1) to (3) that related to
pay of forest firefighters working on forest wildfire emergencies.
Subsec. (c). Pub. L. 101-509, Sec. 529 (title IV, Sec. 410(b)),
added subsec. (c).
1988 - Pub. L. 100-523 amended section generally, designating
existing provisions as subsec. (a) and adding subsec. (b).
1984 - Pub. L. 98-525 inserted ''or the Department of Defense''.
1982 - Pub. L. 97-276 inserted provision directing that first
sentence of this section not apply to any employee of Federal
Aviation Administration who is paid premium pay under section 5546a
of this title.
EFFECTIVE DATE OF 2001 AMENDMENT
Pub. L. 107-107, div. A, title XI, Sec. 1114(c), Dec. 28, 2001,
115 Stat. 1240, provided that: ''The amendments made by subsections
(a) and (b) (amending this section and provisions set out as a note
under this section) shall take effect on the first day of the first
pay period beginning on or after the date that is 120 days
following the date of enactment of this Act (Dec. 28, 2001).''
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103-329 effective first day of first
applicable pay period beginning on or after 30th day following
Sept. 30, 1994, with exceptions relating to criminal investigators
employed in Offices of Inspectors General, see section 633(e) of
Pub. L. 103-329, set out as an Effective Date note under section
5545a of this title.
EFFECTIVE DATE OF 1992 AMENDMENT
Amendment by Pub. L. 102-378 effective as of first day of first
applicable pay period beginning on or after Oct. 2, 1992, see
section 9(b)(9) of Pub. L. 102-378, set out as a note under section
6303 of this title.
EFFECTIVE DATE OF 1990 AMENDMENT
Amendment by section 529 (title II, Sec. 204) of Pub. L. 101-509
effective on such date as the President shall determine, but not
earlier than 90 days, and not later than 180 days, after Nov. 5,
1990, see section 529 (title III, Sec. 305) of Pub. L. 101-509, set
out as a note under section 5301 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98-525 effective Oct. 1, 1984, see section
1537(f) of Pub. L. 98-525, set out as a note under section 4109 of
this title.
EFFECTIVE DATE OF 1982 AMENDMENT
Amendment by Pub. L. 97-276 effective at 5 o'clock ante meridian
eastern daylight time, Aug. 3, 1981, see section 151(h)(1) of Pub.
L. 97-276, set out as an Effective Date note under section 5546a of
this title.
SHORT TITLE OF 1988 AMENDMENT
Section 1 of Pub. L. 100-523 provided: ''That this Act (amending
this section) may be cited as the 'Forest Wildfire Emergency Pay
Equity Act of 1988'.''
PREMIUM PAY FOR PROTECTIVE SERVICES OF UNITED STATES SECRET SERVICE
Pub. L. 106-554, Sec. 1(a)(3) (title I, Sec. 118), Dec. 21, 2000,
114 Stat. 2763, 2763A-134, as amended by Pub. L. 107-107, div. A,
title XI, Sec. 1114(b), Dec. 28, 2001, 115 Stat. 1240, provided
that: ''Hereafter, funds made available by this or any other Act
may be used to pay premium pay for protective services authorized
by section 3056(a) of title 18, United States Code, without regard
to the restrictions contained in section 5547 of title 5, United
States Code, except that such premium pay shall not be payable to
an employee to the extent that the aggregate of the employee's
basic and premium pay for the year would otherwise exceed the
annual equivalent of that limitation. The term premium pay refers
to the provisions of law cited in the first sentence of section
5547(a) of title 5, United States Code. Payment of additional
premium pay payable under this section may be made in a lump sum on
the last payday of the calendar year.''
Similar provisions were contained in Pub. L. 106-58, title I,
Sec. 118, Sept. 29, 1999, 113 Stat. 441.
(For transfer of the functions, personnel, assets, and
obligations of the United States Secret Service, including the
functions of the Secretary of the Treasury relating thereto, to the
Secretary of Homeland Security, and for treatment of related
references, see sections 381, 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a
note under section 542 of Title 6.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 2 section 1371.
-CITE-
5 USC Sec. 5548 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
-HEAD-
Sec. 5548. Regulations
-STATUTE-
(a) The Office of Personnel Management may prescribe regulations,
subject to the approval of the President, necessary for the
administration of this subchapter, except section 5545(d) insofar
as this subchapter affects employees in or under an Executive
agency.
(b) The Office shall prescribe regulations necessary for the
administration of section 5545(d).
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 90-83, Sec.
1(32), Sept. 11, 1967, 81 Stat. 201; Pub. L. 92-392, Sec. 12, Aug.
19, 1972, 86 Stat. 575; Pub. L. 95-454, title IX, Sec. 906(a)(2),
(3), Oct. 13, 1978, 92 Stat. 1224; Pub. L. 102-378, Sec. 2(44)(C),
Oct. 2, 1992, 106 Stat. 1352.)
-MISC1-
Historical and Revision Notes
1966 Act
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 945. June 30, 1945, ch.
212, Sec. 605, 59
Stat. 304.
-------------------------------
The words ''an Executive agency'' are substituted for ''the
executive branch of the Government'' to conform to the definition
in section 105. Applicability of this section to employees of the
General Accounting Office is based on former section 933a.
The remainder of the authority is covered by sections 5504 and
6101.
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
1967 Act
---------------------------------------------------------------------
Section of title 5 Source (U.S. Code) Source (Statutes at
Large)
---------------------------------------------------------------------
5548(b) 5 App.: 1072 (as Oct. 28, 1949, ch.
applicable to 5 782, Sec. 1101 (as
App.: 1134.) applicable to Sec.
804, added July 19,
1966, Pub. L. 89-
512, Sec. 1, 80
Stat. 318), 63
Stat. 971.
5 App.: 1134(4) (6th July 19, 1966, Pub.
through 9th words). L. 89-512, Sec. 1
''Sec. 804(4) (6th
through 9th
words)'', 80 Stat.
318.
-------------------------------
This section consolidates into 5 U.S.C. 5548(b) general
regulatory authority granted to the Civil Service Commission by
section 1101 of the Classification Act of 1949 (as applicable to
sec. 804 of that act, added by Public Law 89-512) and the specific
requirement in section 804(4) of that act that the Commission
prescribe regulations.
AMENDMENTS
1992 - Subsec. (b). Pub. L. 102-378 substituted ''section
5545(d)'' for ''sections 5545(d) and 5550 of this title''.
1978 - Subsecs. (a), (b). Pub. L. 95-454 substituted ''Office of
Personnel Management'' for ''Civil Service Commission'' and
''Office'' for ''Commission''.
1972 - Subsec. (a). Pub. L. 92-392, Sec. 12(a), struck out
reference to section 5544 of this title.
Subsec. (b). Pub. L. 92-392, Sec. 12(b), inserted reference to
section 5550 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-454 effective 90 days after Oct. 13,
1978, see section 907 of Pub. L. 95-454, set out as a note under
section 1101 of this title.
EFFECTIVE DATE OF 1972 AMENDMENT
Amendment by Pub. L. 92-392 effective on first day of first
applicable pay period beginning on or after 90th day after Aug. 19,
1972, see section 15(a) of Pub. L. 92-392, set out as an Effective
Date note under section 5341 of this title.
-TRANS-
DELEGATION OF FUNCTIONS
Function vested in Office of Personnel Management under this
section to be performed without approval of President, see section
1(1) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as
a note under section 301 of Title 3, The President.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 2 section 1371.
-CITE-
5 USC Sec. 5549 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
-HEAD-
Sec. 5549. Effect on other statutes
-STATUTE-
This subchapter does not prevent payment for overtime services or
for Sunday or holiday work under any of the following statutes -
(1) section 10703 of the Farm Security and Rural Investment Act
of 2002;
(2) sections 1353a and 1353b of title 8;
(3) sections 261, (FOOTNOTE 1) 267, 1450, 1451, 1451a,
(FOOTNOTE 1) and 1452 of title 19;
(FOOTNOTE 1) See References in Text note below.
(4) sections 2111 and 2112 of title 46; and
(5) section 154(f)(3) of title 47.
However, an employee may not receive premium pay under this
subchapter for the same services for which he is paid under one of
these statutes.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 488; Pub. L. 98-89, Sec.
3(a), Aug. 26, 1983, 97 Stat. 599; Pub. L. 107-171, title X, Sec.
10703(c)(4), May 13, 2002, 116 Stat. 518.)
-MISC1-
Historical and Revision Notes
---------------------------------------------------------------------
Derivation U.S. Code Revised Statutes and
Statutes at Large
---------------------------------------------------------------------
5 U.S.C. 941. June 30, 1945, ch.
212, Sec. 601, 59
Stat. 302.
-------------------------------
In paragraph (2), the words ''sections 1353a and 1353b of title
8'' are substituted for ''sections 342c and 342d of this title'' to
reflect the scheduled transfer of those sections to title 8.
In paragraph (5), the words ''section 154(f)(3) of title 47'' are
substituted for ''section 154(f)(2) of title 47'' on authority of
the Act of July 16, 1952, ch. 879, Sec. 3(b), 66 Stat. 711, which
redesignated subsection (f)(2) as (f)(3).
Standard changes are made to conform with the definitions
applicable and the style of this title as outlined in the preface
to the report.
-REFTEXT-
REFERENCES IN TEXT
Section 10703 of the Farm Security and Rural Investment Act of
2002, referred to in par. (1), is section 10703 of Pub. L. 107-171,
which enacted section 2219a of Title 7, Agriculture, amended this
section and sections 468 and 695 of Title 21, Food and Drugs, and
repealed section 394 of Title 7.
Section 261 of title 19, referred to in par. (3), was omitted
from the Code in the general revision of section 5 of act Feb. 13,
1911, ch. 46, by Pub. L. 103-66, title XIII, Sec. 13811(a), Aug.
10, 1993, 107 Stat. 668.
Section 1451a of title 19, referred to in par. (3), was repealed
by Pub. L. 103-66, title XIII, Sec. 13811(b)(1), Aug. 10, 1993, 107
Stat. 670.
-MISC2-
AMENDMENTS
2002 - Par. (1). Pub. L. 107-171 added par. (1) and struck out
former par. (1) which read as follows: ''section 394 of title 7;''.
1983 - Par. (4). Pub. L. 98-89 substituted ''sections 2111 and
2112 of title 46'' for ''section 382b of title 46''.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 2 section 1371.
-CITE-
5 USC Sec. 5550 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
-HEAD-
(Sec. 5550. Repealed. Pub. L. 102-378, Sec. 2(44)(A), Oct. 2, 1992,
106 Stat. 1352)
-MISC1-
Section, added Pub. L. 92-392, Sec. 10(a), Aug. 19, 1972, 86
Stat. 574, related to pay for Sunday and overtime work for
employees of nonappropriated fund instrumentalities.
-CITE-
5 USC Sec. 5550a 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER V - PREMIUM PAY
-HEAD-
Sec. 5550a. Compensatory time off for religious observances
-STATUTE-
(a) Not later than 30 days after the date of the enactment of
this section, the Office of Personnel Management shall prescribe
regulations providing for work schedules under which an employee
whose personal religious beliefs require the abstention from work
during certain periods of time, may elect to engage in overtime
work for time lost for meeting those religious requirements. Any
employee who so elects such overtime work shall be granted equal
compensatory time off from his scheduled tour of duty (in lieu of
overtime pay) for such religious reasons, notwithstanding any other
provision of law.
(b) In the case of any agency described in subparagraphs (C)
through (G) of section 5541(1) of this title, the head of such
agency (in lieu of the Office) shall prescribe the regulations
referred to in subsection (a) of this section.
(c) Regulations under this section may provide for such
exceptions as may be necessary to efficiently carry out the mission
of the agency or agencies involved.
-SOURCE-
(Added Pub. L. 95-390, title IV, Sec. 401(a), Sept. 29, 1978, 92
Stat. 762; amended Pub. L. 96-54, Sec. 2(a)(14), (15), Aug. 14,
1979, 93 Stat. 382.)
-REFTEXT-
REFERENCES IN TEXT
The date of enactment of this section, referred to in subsec.
(a), is the date of enactment of Pub. L. 95-390, which was approved
Sept. 29, 1978.
-MISC2-
AMENDMENTS
1979 - Subsecs. (a), (b). Pub. L. 96-54 substituted ''Office of
Personnel Management'' for ''Civil Service Commission'' and
''Office'' for ''Commission''.
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96-54 effective July 12, 1979, see section
2(b) of Pub. L. 96-54, set out as a note under section 305 of this
title.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 2 section 1371.
-CITE-
5 USC SUBCHAPTER VI - PAYMENT FOR ACCUMULATED AND
ACCRUED LEAVE 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER VI - PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE
.
-HEAD-
SUBCHAPTER VI - PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in sections 5520a, 5948, 8331 of
this title; title 22 section 3664; title 28 section 996; title 38
section 7453.
-CITE-
5 USC Sec. 5551 01/06/03
-EXPCITE-
TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER VI - PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE
-HEAD-
Sec. 5551. Lump-sum payment for accumulated and accrued leave on
separation
-STATUTE-
(a) An employee as defined by section 2105 of this title or an
individual employed by the government of the District of Columbia,
who is separated from the service, is transferred to a position
described under section 6301(2)(B)(xiii) of this title, or elects
to receive a lump-sum payment for leave under section 5552 of this
title, is entitled to receive a lump-sum payment for accumulated
and current accrued annual or vacation leave to which he is
entitled by statute. The lump-sum payment shall equal the pay
(excluding any differential under section 5925 and any allowance
under section 5928) the employee or individual would have received
had he remained in the service until expiration of the period of
the annual or vacation leave. The lump-sum payment is considered
pay for taxation purposes only. The period of leave used for
calculating the lump-sum payment shall not be extended due to any
holiday occurring after separation. For the purposes of this
subsection, movement to employment described in section 2105(c)
shall not be deemed separation from the service in the case of an
employee whose annual leave is transferred under section 6308(b).
(b) The accumulated and current accrued annual leave to which an
officer excepted from subchapter I of chapter 63 of this title by
section 6301(2)(x)-(xiii) of this title, is entitled immediately
before the date he is excepted under that section shall be
liquidated by a lump-sum payment in accordance with subsection (a)
of this section or subchapter VIII of this chapter, except that the
payment is based on the rate of pay which he was receiving,
immediately before the date on which section 6301(2)(x)-(xiii) of
this title became applicable to him.
(c)(1) Annual leave that is restored to an employee of the
Department of Defense under section 6304(d) of this title by reason
of the operation of paragraph (3) of such section and remains
unused upon the transfer of the employee to a position described in
paragraph (2) shall be liquidated by payment of a lump-sum for such
leave to the employee upon the transfer.
(2) A position referred to in paragraph (1) is a position in a
department or agency of the Federal Government outside the
Department of Defense or a Department of Defense position that is
not located at a Department of Defense installation being closed or
realigned as described in section 6304(d)(3) of this title.
-SOURCE-
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat.
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