Title 5, United States Code: Government Organization and Employees

SUBCHAPTER II-WITHHOLDING PAY

§ 5511. Withholding pay; employees removed for cause

(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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477.)

§ 5512. Withholding pay; individuals in arrears

(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 General Accounting Office, 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 477, amended Pub. L. 92-310, § 202, June 6, 1972, 86 Stat. 202.) § 5513. Withholding pay; credit disallowed or charge raised for payment

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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 477.)

§ 5514. Installment deduction for indebtedness because of erroneous payment

(a) When the head of the agency concerned or his designee determines that an employee, a member of the armed forces, or a Reserve of the armed forces, is indebted to the United States because of an erroneous payment made by the agency to or on behalf of the individual, 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, retired pay, retainer 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 active duty or employment, as the case may be. The amount deducted for any period may not exceed two-thirds 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 active duty or employment. 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 later payments of any nature due the individual from the agency concerned.

(b) The head of each agency shall prescribe regulations, subject to the approval of the President, to carry out this section and section 581d of title 31. Regulations prescribed by the Secretaries of the military departments shall be uniform for the military services insofar as practicable.

(c) Subsection (a) of this section does not modify existing statutes which provide for forfeiture of pay or allowances. This section and section 581d 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. (Pub. L. 89554, Sept. 6, 1966, 80 Stat. 477; amended Pub. L. 96–54, Aug. 14, 1979, 93 Stat. 381.)

§ 5515. Crediting amounts received for jury or witness service 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 Clerk 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. (Pub. L. 89-544, Sept. 6, 1966, 80 Stat. 478, amended Pub. L. 91–563, § 2(a), Dec. 19, 1970, 84 Stat. 1476.) 85516. Withholding District of Columbia income taxes

(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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 478, amended Pub. L. 90-623, § 1(9), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 94–455, § 1207 (a) (2), Oct. 4, 1976, 90 Stat. 1705; Pub. L. 96–54, Aug. 14, 1979, 93 Stat. 383.)

§ 5517. Withholding State income taxes

(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 agree ment 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.

(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" do not 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 270(a) of title 10. United States Code, by a member of the Ready Reserve. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 478, amended Pub. L. 94–455. § 1207 (a) (1), (b), and (c), Oct. 4, 1976, 90 Stat. 1705.)

5518. Deductions for State retirement systems; National Guard employees

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 Presilent, shall enter into an agreement with the State within 120 days of a request for agreement from the proper State official. The agreement hall 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 indiiduals shall withhold and pay to the State employee retirement sysem or to the person or organization designated by State authorities to eceive sums withheld for the program the employee contributions for hese 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 479.)

5519. Crediting amounts received for certain Reserve or National Guard service

An amount (other than a travel, transportation, or per diem allownce) received by an employee or individual for military service as a ember of the Reserve or National Guard for a period for which he is ntitled to leave under section 6323 (c) or (d) of this title shall be redited against the pay payable to the employee or individual with espect to his civilian position for that period. (Added Pub. L. 90-588, 2(b), Oct. 17, 1968, 82 Stat. 1152.)

5520. Withholding of city or county income or employment taxes (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;

le Secretary of the Treasury, under regulations prescribed by the resident, shall enter into an agreement with the city or county within 20 days of a request for agreement by the proper city or county

official. The agreement shall provide that the head of each a of the United States shall comply with the requirements of tl or county ordinance in the case of any employee of the agenc is subject to the tax and (1) whose regular place of Federa ployment is within the jurisdiction of the city or county with the agreement is made or (ii) is a resident of such city or e The agreement may not apply to pay for service as a member < Armed Forces. The agreement may not permit withholding of or county tax from the pay of an employee who is not a resident whose regular place of Federal employment is not within. the St which that city or county is located unless the employee consents: withholding.

(b) This section does not give the consent of the United S to the application of an ordinance which imposes more burder requirements on the United States than on other employers or w subjects the United States or its employees to a penalty or liab because of this section. An agency of the United States may no cept pay from a city or county for services performed in withho city or county income or employment taxes from the pay of emplo of the agency.

(1) "city" means any unit of general local government whi (A) is classified as a municipality by the Bureau ol Census, or

(B) is a town or township which, in the determinatio the Secretary of the Treasury

(i) possesses powers and performs functions comp ble to those associated with municipalities,

(ii) is closely settled, and

(iii) contains within its boundaries no incorpors places, as defined by the Bureau of the Census,

within the political boundaries of which 500 or more persons regularly employed by all agencies of the Federal Governme

(2) "county" means any unit of local general government wi is classified as a county by the Bureau of the Census and wit the political boundaries of which 500 or more persons are re larly employed by all agencies of the Federal Government:

(3) "ordinance" means an ordinance, order, resolution, or s ilar instrument which is duly adopted and approved by a city county in accordance with the constitution and statutes of State in which it is located and which has the force of law wit. such city or county: and

(4) "agency" means

(A) an Executive agency;

(B) the judicial branch; and

(Pub. L. 93–340, § 1. July 10, 1974, 88 Stat. 294, amended Pub L.! 358. § 1. July 12, 1976, 90 Stat. 910; Pub. L. 95–30, May 23, 1977, Stat. 157; Pub. L. 95–365. Sept. 15, 1978, 92 Stat. 599.)

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