SEC.

5513. Withholding pay; credit disallowed or charge raised for payment. 5514. Installment deduction for indebtedness because of erroneous payment. Crediting amounts received for jury service in State courts. Withholding District of Columbia income taxes.

5515. 5516.

5517.

5518.

5519.

5521.

Withholding State income taxes.

Deductions for State retirement systems; National Guard employees.
Crediting amounts received for certain Reserve or National Guard service.

SUBCHAPTER III-ADVANCEMENT, ALLOTMENT, AND
ASSIGNMENT OF PAY

Definitions.

5522. Advance payments; rates; amounts recoverable.

5523. Duration of payments; rates; active service period.

5532. Employment of retired officers of the uniformed services; reduction in retired or retirement pay; exceptions.

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 service in courts of the United States.

5544. Wage-board overtime and Sunday rates; computation.

5545. Night, Sunday, standby, irregular, and hazardous duty differential. 5546. Pay for Sunday and holiday work.

5547.

5548.

Limitation on premium pay.

Regulations.

5549. Effect on other statutes.

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.

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. (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 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. (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 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475.)

§ 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 Canal Zone Government or the Panama Canal Company; or (B) an employee or individual excluded from the definition of employee in section 5541 (2) 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 Civil Service Commission 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. 475, amended Pub. L. 90-83, § 1 (21), Sept. 11, 1967, 81 Stat. 199.)

§ 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.

40-311-70-10

(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.)

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

§ 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 Director of the Bureau of the Budget, 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. 89-554, Sept. 6, 1966, 80 Stat. 477.)