SUBCHAPTER IX-SPECIAL OCCUPATIONAL PAY SYSTEMS § 5391. Definitions For the purposes of this subchapter, "agency", "employee", and "position" have the meaning given them by section 5102. § 5392. Establishment of special occupational pay systems (a) Authority under this section may be exercised with respect to any occupation or group of occupations to which subchapter III applies (or would apply but for this section). (b) Subject to subsection (a), the President's pay agent (as referred to in section 5304(d)) may establish one or more special occupational pay systems for any positions within occupations or groups of occupations that the pay agent determines, for reasons of good administration, should not be classified under chapter 51 or subject to subchapter III. (c) In establishing special occupational pay systems, the pay agent shall (1) identify occupations or groups of occupations for which chapter 51 and subchapter III do not function adequately; (2) consider alternative approaches for determining the pay for employees in positions in such occupations or groups of occupations; (3) give thorough consideration to the views of agencies employing such employees and labor organizations representing such employees, as well as other interested parties; (4) publish a proposed plan for determining the pay of such employees in the Federal Register; (5) conduct one or more public hearings; (6) provide each House of Congress with a report at least 90 days in advance of the date the system is to take effect setting forth the details of the proposed plan; and (7) not later than 30 days before the date the system is to take effect, publish in the Federal Register the details of the final plan for the special occupational pay system. (d) A special occupational pay system may not— (1) provide for a waiver of any law, rule, or regulation that could not be waived under section 4703(c); or (2) provide a rate of basic pay for any employee in excess of the rate payable for level V of the Executive Schedule. (e) Subject to subsection (d)(2), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section 5303 in the rates of pay under the General Schedule, each rate of pay established under this section shall be adjusted by such amount as the Office considers appropriate. CHAPTER 55-PAY ADMINISTRATION SUBCHAPTER I-GENERAL PROVISIONS Disposition of money accruing from lapsed salaries or unused appropriations for salaries. Unauthorized office; prohibition on use of funds. Sec. 5501. 5502. 5503. Recess appointments. 5504. 5505. 5506. 5507. 5508. 5509. Biweekly pay periods; computation of pay. Monthly pay periods; computation of pay. Computation of extra pay based on standard or daylight saving time. Officer entitled to leave; effect on pay status. SUBCHAPTER II-WITHHOLDING PAY 5511. Withholding pay; employees removed for cause. Withholding pay; individuals in arrears. 5512. 5513. 5514. 5515. 5516. 5517. 5518. 5519. 5520. 5520a. Withholding pay; credit disallowed or charge raised for payment. Crediting amounts received for jury or witness service. Withholding State income taxes. Deductions for State retirement systems; National Guard employees. Crediting amounts received for certain Reserve or National Guard service. Garnishment of pay. SUBCHAPTER III-ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF Employment of retired members of the uniformed services; reduction in retired or retainer pay. Dual pay from more than one position; limitations; exceptions. Dual employment and pay during terminal leave from uniformed services. Extra pay for extra services prohibited. Fees for jury and witness service. Definitions. SUBCHAPTER V-PREMIUM PAY Overtime rates; computation. Compensatory time off. Wage-board overtime and Sunday rates; computation. Pay for firefighters. Pay for Sunday and holiday work. Differential pay for certain employees of the Federal Aviation Administration and the Department of Defense. 5546. 5546a. 5547. 5548. 5549. Effect on other statutes. [5550. Limitation on premium pay. Regulations. Repealed.] 5550a. Compensatory time off for religious observances. SUBCHAPTER VI-PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE Lump-sum payment for accumulated and accrued leave on separation. Lump-sum payment for accumulated and accrued leave on entering active duty; election. 5551. 5552. 5553. 5561. 5562. 5563. 5564. Regulations. SUBCHAPTER VII-PAYMENTS TO MISSING EMPLOYEES Pay and allowances; continuance while in a missing status; limitations. Travel and transportation; dependents; household and personal effects; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable. Agency review. Agency determinations. Settlement of accounts. 5565. 5566. 5567. 5568. Income tax deferment. 5569. 5570. Benefits for captives. Compensation for disability or death. SUBCHAPTER VIII-SETTLEMENT OF ACCOUNTS Designation of beneficiary; order of precedence. Payment of money due; settlement of accounts. Claims for overpayment of pay and allowances, and of travel, transportation and relocation expenses and allowances. SUBCHAPTER IX-SEVERANCE PAY AND BACK PAY 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 for salaries shall be covered into the Treasury of the United States. An individual who violates this section shall be removed from the service. § 5502. Unauthorized office; prohibition on use of funds (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. $5503. Recess appointments (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. § 5504. Biweekly pay periods; computation of pay (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; (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. § 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. § 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. § 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. § 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. |