of retired or retainer pay under this subsection, the amount of $2,000 shall be increased, from time to time, by appropriate percentage, in direct proportion to each increase in retired or retainer pay under section 1401a(b) of title 10 to reflect changes in the Consumer Price Index. (c)(1) If any member or former member of a uniformed service is receiving retired or retainer pay and is employed in a position the annual rate of basic pay for which, when combined with the member's annual rate of retired or retainer pay (reduced as provided under subsection (b) of this section), exceeds the rate of basic pay then currently paid for level V of the Executive Schedule, such member's retired or retainer pay shall be reduced by an amount computed under paragraph (2) of this subsection. The amounts of the reductions shall be deposited to the general fund of the Treasury of the United States. (2) The amount of each reduction under paragraph (1) of this subsection allocable for any pay period in connection with employment in a position shall be equal to the retired or retainer pay allocable to the pay period (reduced as provided under subsection (b) of this section), except that the amount of the reduction may not result in (A) the amount of retired or retainer pay allocable to the pay period after being reduced, when combined with the basic pay for the employment during the pay period, being at a rate less than the rate of basic pay then currently paid for level V of the Executive Schedule; or (B) the amount of retired pay or retainer pay being reduced to an amount less than the amount deducted from the retired or retainer pay as a result of participation in any survivor's benefits in connection with the retired or retainer pay or veterans insurance programs. (d) The reduction in retired or retainer pay required by this section does not apply to a member or former member of a uniformed service who is receiving retired or retainer pay (1) whose retired or retainer pay is computed, in whole or in part, based on disability (A) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (B) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 301 of title 38; or (2) employed on a temporary (full-time or part-time) basis, any other part-time basis, or an intermittent basis, for the first 30-day period for which he receives pay. The exemption from reduction in retired or retainer pay under paragraph (2) of this subsection does not apply longer than (i) the first 30-day period for which he receives pay under one appointment from the position in which he is employed, if he is serving under not more than one appointment; and (ii) the first period for which he receives pay under more than one appointment, in a fiscal year, which consists in the aggregate of 30 days, from all positions in which he is employed, if he is serving under more than one appointment in that fiscal year. (e) The Office of Personnel Management may, during the 5year period after the effective date of the Civil Service Reform Act of 1978 authorize exceptions to the restrictions in subsections (a), (b), and (c) of this section only when necessary to meet special or emergency employment needs which result from a severe shortage of well qualified candidates in positions of medical officers which otherwise cannot be readily met. An exception granted by the Office with respect to any individual shall terminate upon a break in service of 3 days or more. (f)(1) Notwithstanding any other provision of law, the retired or retainer pay of a former member of a uniformed service shall not be reduced while such former member is temporarily employed, during the period described in paragraph (2) or any portion thereof, under the administrative authority of the Administrator, Federal Aviation Administration, or the Secretary of Defense to perform duties in the operation of the air traffic control system or to train others to perform such duties. (2) The provisions of paragraph (1) of this subsection shall be in effect for any period ending not later than December 31, 1989, during which the Administrator, Federal Aviation Administration, or the Secretary of Defense determines that there is an unusual shortage of air traffic controllers performing duties under the administrative authority of such Administrator or such Secretary, respectively. (g)(1) The Director of the Office of Personnel Management may, at the request of the head of an Executive agency (A) waive the application of the preceding provisions of this section on a case-by-case basis for employees in positions for which there is exceptional difficulty in recruiting or retaining a qualified employee; or (B) grant authority to the head of such agency to waive the application of the preceding provisions of this section, on a case-by-case basis, for an employee serving on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances. (2) The Office shall prescribe regulations for the exercise of any authority under this subsection, including criteria for any exercise of authority and procedures for terminating a delegation of authority under paragraph (1)(B). (h)(1) If warranted by circumstances described in subsection (g)(1) (A) or (B) (as applicable), the Director of the Administrative Office of the United States Courts shall, with respect to an employee in the judicial branch, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (g) with respect to an employee of an Executive agency. (2) Authority under this subsection may not be exercised with respect to a justice or judge of the United States, as defined in section 451 of title 28. (i)(1) If warranted by circumstances described in subsection (g)(1) (A) or (B) (as applicable), an official or committee designated in paragraph (2) shall, with respect to the employees specified in the applicable subparagraph of such paragraph, have the same waiver authority as would be available to the Director of the Office of Personnel Management, or a duly authorized agency head, under subsection (g) with respect to an employee of an Executive agency. (2) Authority under this subsection may be exercised— (A) with respect to an employee of an agency in the legislative branch, by the head of such agency; (B) with respect to an employee of the House of Representatives, by the Committee on House Oversight of the House of Representatives; and (C) with respect to an employee of the Senate, by the Committee on Rules and Administration of the Senate. (3) Any exercise of authority under this subsection shall be in conformance with such written policies and procedures as the agency head, the Committee on House Oversight of the House of Representatives, or the Committee on Rules and Administration of the Senate (as applicable) shall prescribe, consistent with the provisions of this subsection. (j) For the purpose of subsections (g) through (i), "Executive agency" shall not include the General Accounting Office. § 5533. Dual pay from more than one position; limitations; exceptions (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; (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, §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 of title 40. (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. § 5534. Dual employment and pay of Reserves and National Guardsmen 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. § 5534a. Dual employment and pay during terminal leave from uniformed services 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. § 5535. Extra pay for details prohibited (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. § 5536. Extra pay for extra services prohibited Ar: 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. § 5537. Fees for jury and witness service (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 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. |