SEC. CHAPTER 55-PAY ADMINISTRATION SUBCHAPTER I-GENERAL PROVISIONS 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. Instalment deduction for indebtedness because of erroneous payment. 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. 5521. SUBCHAPTER III-ADVANCEMENT, ALLOTMENT, AND Definitions. ASSIGNMENT OF PAY 5522. Advance payments; rates; amounts recoverable. 5523. Duration of payments; rates; active service period. 5524. Review of accounts. 5525. Allotment and assignment of pay. 5526. Funds available on reimbursable basis. 5527. Regulations. SUBCHAPTER IV-DUAL PAY AND DUAL EMPLOYMENT 5531. Definitions. 5532. Employment of retired members of the uniformed services; reduction in retired or retainer pay. 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. 5541. Definitions. SUBCHAPTER V-PREMIUM PAY 5542. Overtime rate; computation. 5543. Compensatory time off. 5544. Wage-board overtime and Sunday rates; computation. (251) 5550. Pay for Sunday and overtime work; employees of nonappropriated fund instrumentalities. 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. 5561. SUBCHAPTER VII-PAYMENTS TO MISSING EMPLOYEES 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. 5582. Designation of beneficiary; order of precedence. 5583. Payment of money due; settlement of accounts. 5584. Claims for overpayment of pay and allowances, other than travel and transportation expenses and allowances and relocation expenses. 5591 5594. 5595. SUBCHAPTER IX-SEVERANCE PAY AND BACK PAY [Repealed.] Severance pay. 5596. Back pay due to unjustified personnel action. SUBCHAPTER I-GENERAL PROVISIONS 5501. Disposition of money accruing from lapsed salaries or unused appropriations for salaries Money accruing from lapsed salaries or from unused appropriations or salaries shall be covered into the Treasury of the United States. n individual who violates this section shall be removed from the ervice. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475.) 5502. Unauthorized office; prohibition on use of funds (a) Payment for services may not be made from the Treasury of le United States to an individual acting or assuming to act as an ficer in the civil service, or uniformed services in an office which is ot authorized by existing law, unless the office is later sanctioned by W. (b) Except as otherwise provided by statute, public money and propriations may not be used for pay or allowance for an individual nployed by an official of the United States retired from active service. Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475). 5503. Recess appointments (a) Payment for services may not be made from the Treasury of the nited States to an individual appointed during a recess of the Senate fill a vacancy in an existing office, if the vacancy existed while the enate was in session and was by law required to be filled by and with e advice and consent of the Senate, until the appointee has been conmed 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), ), or (3) of subsection (a) of this section shall be submitted to the nate not later than 40 days after the beginning of the next session of › Senate. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475.) 504. Biweekly pay periods; computation of pay (a) The pay period for an employee covers two administrative rkweeks. For the purpose of this subsection, "employee" means— (1) an employee in or under an Executive agency; 1-903 0 - 80 - 18 (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 cf 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) 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. When 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 2,080. (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. (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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 175, amended Pub. L. 90-83, § 1(21), Sept. 11, 1967, 81 Stat. 199; Pub. L. 95-454, Oct. 13, 1978, 92 Stat. 1173 and 1224; Pub. L. 96-54, Aug. 14, 1979, 93 Stat. 383; Pub. L. 96-70, Sept. 27, 1979, 93 Stat. 498.) § 5505. Monthly pay periods; computation of pay 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 476.) § 5506. Computation of extra pay based on standard or daylight saving time 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 476.) § 5507. Officer affidavit; condition to pay An officer required by section 3332 of this title to file an affidavit may not be paid until the affidavit has been filed. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 477.) § 5508. Officer entitled to leave; effect on pay status 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477.) § 5509. Appropriations There are authorized to be appropriated sums necessary to carry out the provisions of this title. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477.) |