SUBCHAPTER VIII-SETTLEMENT OF ACCOUNTS § 5581. Definitions For the purpose of this subchapter (1) "employee" means (A) an employee as defined by section 2105 of this title; and (B) an individual employed by the government of the District of Columbia; but does not include an employee of (i) a Federal land bank; (ii) a Federal intermediate credit bank; (iii) a regional bank for cooperatives; or (iv) the Senate within the purview of section 36a of title 2; and (2) "money due" means the pay and allowances due on account of the services of a deceased employee for the Government of the United States or the government of the District of Columbia. It includes, but is not limited to (A) per diem instead of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in connection therewith for which reimbursement is due; (B) allowances on change of official station; (C) quarters and cost-of-living allowances and overtime or premium pay; (D) amounts due for payment of cash awards for employees' suggestions; (E) amounts due as refund of pay deductions for United States savings bonds; (F) payment for accumulated and current accrued annual or vacation leave equal to the pay the deceased employee would have received had he lived and remained in the service until the end of the period of annual or vacation leave; (G) amounts of checks drawn for pay and allowances which were not delivered by the Government to the employee during his lifetime; (H) amounts of unnegotiated checks returned to the Government because of the death of the employee; and (I) retroactive pay under section 5344 (a) (2) of this title. It does not include benefits, refunds, or interest payable under subchapter III of chapter 83 of this title applicable to the service of the deceased employee, or amounts the disposition of which is otherwise expressly prescribed by Federal statute. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 495; amended Pub. L. 96–54, Aug. 14, 1979, 93 Stat. 383.) § 5582. Designation of beneficiary; order of precedence (a) The employing agency shall notify each employee of his right to designate a beneficiary or beneficiaries to receive money due, and of the disposition of money due if a beneficiary is not designated. An employee may change or revoke a designation at any time under such regulations as the Comptroller General of the United States may prescribe. (b) In order to facilitate the settlement of the accounts of deceased employees, money due an employee at the time of his death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and the payment bars recovery by another person of amounts so paid: First, to the beneficiary or beneficiaries designated by the employee in writing received in the employing agency before his death. Second, if there is no designated beneficiary, to the widow or widower of the employee. Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation. Fourth, if none of the above, to the parents of the employee or the survivor of them. Fifth, if none of the above, to the duly appointed legal representative of the estate of the employee. Sixth, if none of the above, to the person or persons entitled under the laws of the domicile of the employee at the time of his death. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 495.) § 5583. Payment of money due; settlement of accounts (a) Under such regulations as the Comptroller General of the United States may prescribe, the employing agency shall pay money due a deceased employee to the beneficiary designated by the employee under section 5582(b) of this title, or, if none, to the widow or widower of the employee. (b) Except as the Comptroller General may by regulation otherwise authorize or direct, accounts not payable under subsection (a) of this section are payable on settlement of the General Accounting Office. However (1) accounts of employees of the government of the District of Columbia shall be paid by the District of Columbia; and (2) accounts of employees of Government corporations or mixed ownership Government corporations may be paid by the corporations. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 496; amended Pub. L. 96-70, Sept. 27, 1979, 93 Stat. 498.) § 5584. Claims for overpayment of pay and allowances, other than travel and transportation expenses and allowances and relocation expenses (a) A claim of the United States against a person arising out of an erroneous payment of pay or allowances, other than travel and trans portation expenses and allowances and relocation expenses payable under section 5724a of this title, on or after July 1, 1960, to an employee of an agency, the collection of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by (1) the Comptroller General of the United States; or (2) the head of the agency when (A) the claim is in an amount aggregating not more than $500; (B) the claim is not the subject of an exception made by the Comptroller General in the account of any accountable official: and (C) the waiver is made in accordance with standards which the Comptroller General shall prescribe. (b) The Comptroller General or head of the agency, as the case may be, may not exercise his authority under this section to waive any claim (1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other person having an interest in obtaining a waiver of the claim; (2) except in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office, after the expiration of three years immediately following the date on which the erroneous payment of pay was discovered or three years immediately following October 21, 1968, whichever is later; (3) except in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office after the expiration of three years immediately following the date on which the erroneous payment of allowances was discovered or three years immediately following October 2, 1972, whichever is later; or (4) in the case of employees of the Government Printing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered or 3 years immediately following July 25, 1974, whichever is later. (c) A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the employing agency at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that employing agency for that refund within two years following the effective date of the waiver. The employing agency shall pay that refund in accordance with this section. (d) In the audit and settlement of the accounts of any accountable official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section. (e) An erroneous payment, the collection of which is waived under this section, is deemed a valid payment for all purposes. (f) This section does not effect any authority under any other statute to litigate, settle, compromise, or waive any claim of the United States. (g) For the purpose of this section, "agency" means— (1) an Executive agency; (2) the Government Printing Office; (3) the Library of Congress; (4) the Office of the Architect of the Capitol; and (Added Pub. L. 90-616, § 1(a), Oct. 21, 1968, 82 Stat. 1212, amended Pub. L. 92-453, § 3(1), Oct. 2, 1972, 86 Stat. 760; Pub. L. 93-359, §1, July 25, 1974, 88 Stat. 393; Pub. L. 96-54, Aug. 14, 1979, 93 Stat. 383.) SUBCHAPTER IX-SEVERANCE PAY AND BACK PAY §§ 5591-5594. Repealed. Pub. L. 90-83, § 1(34) (B), Sept. 11, 1967, 81 Stat. 201 § 5595. Severance pay (a) For the purpose of this section(1) "agency" means (A) an Executive agency; (B) the Library of Congress; (C) the Government Printing Office; and (D) the government of the District of Columbia; and (2) "employee" means (A) an individual employed in or under an agency; and (B) an individual employed by a county committee established under section 590h (b) of title 16; but does not include (i) an employee other than a member of the Senior Executive Service whose rate of basic pay is fixed at a rate provided for one of the levels of the Executive Schedule or is in excess of the maximum rate for GS-18; (ii) an employee serving under an appointment with a definite time limitation, except one so appointed for fulltime employment without a break in service of more than 3 days following service under an appointment without time limitation; (iii) an alien employee who occupies a position outside the several States, the District of Columbia, and the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979); (iv) an employee who is subject to subchapter III of chapter 83 of this title or any other retirement statute or retirement system applicable to an employee as defined by section 2105 of this title or a member of a uniformed service and who at the time of separation from the service, has fulfilled the requirements for immediate annuity under such a statute or system; (v) an employee who, at the time of separation from the service, is receiving compensation under subchapter I of chapter 81 of this title, other than one receiving this compensation concurrently with pay or on account of the death of another individual; (vi) an employee who, at the time of separation from the service, is entitled to receive benefits under section 609 (b) (1) of the Foreign Service Act of 1980 or any other severance pay from the Government; (vii) an employee of the Tennessee Valley Authority; or (viii) such other employee as may be excluded by regulations of the President or such other officer or agency as he may designate. (b) Under regulations prescribed by the President or such officer or agency as he may designate, an employee who |