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Government of the United States (including a Government corporation and a non-appropriated fund instrumentality under the jurisdiction of the armed forces) or in the government of the District of Columbia.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 482.)

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

(a) For the purpose of this section, "period for which he receives pay" means the full calendar period for which a retired officer of a regular component of a uniformed service receives the pay of a position when employed on a full-time basis, but only the days for which he actually receives that pay when employed on a part-time or intermittent basis.

(b) A retired officer of a regular component of a uniformed service who holds a position is entitled to receive the full pay of the position, but during the period for which he receives pay, his retired or retirement pay shall be reduced to an annual rate equal to the first $2,000 of the retired or retirement pay plus one-half of the remainder, if any. In the operation of the formula for the reduction of retired or retirement 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 retirement pay under section 1401a (b) of title 10 to reflect changes in the Consumer Price Index.

(c) The reduction in retired or retirement pay required by subsection (b) of this section does not apply to a retired officer of a regular component of a uniformed service

(1) whose retirement was 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 retirement 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. (d) Except as otherwise provided by this subsection, the Civil Service Commission, subject to the supervision and control of the President, may prescribe regulations under which exceptions may be made to the restrictions in subsection (b) of this section when appropriate authority determines that the exceptions are warranted because of

special or emergency employment needs which otherwise cannot be readily met. The President of the Senate with respect to the United States Senate, the Speaker of the House of Representatives with respect to the United States House of Representatives, and the Architect of the Capitol with respect to the Office of the Architect of the Capitol each may provide for a means by which exceptions may be made to the restrictions in subsection (b) of this section when he determines that the exceptions are warranted because of special or emergency employment needs which otherwise cannot be readily met. The Administrator of the National Aeronautics and Space Administration may except, at any time, an individual appointed to a scientific, engineering, or administrative position under section 2473 (b) (2) (A) of title 42 from the restrictions in subsection (b) of this section when he determines that the exception is warranted because of special or emergency employment needs which otherwise cannot be readily met, but not more than 30 exceptions may exist at ony one time under this authority. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 482.)

§ 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 Civil Service Commission, 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, 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 Clerk of the House of Representatives, or one of the positions is under the Office of the Architect of the Capitol, and if

(A) the pay of one or more of the positions is fixed at a single gross per annum rate, and the aggregate gross pay from the positions exceeds $6,256 a year; or

4

(B) the pay of each such position is fixed at a basic rate plus additional compensation authorized by law, and the aggregate basic pay of the positions exceeds $2,000 a year.

(2) For the purpose 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, and, in the case of an individual receiving basic pay plus additional compensation provided by law, includes the aggregate amount received as

4 Effective July 1, 1969, for individuals whose pay is disbursed by the Secretary of the Senate, the figure is "$7,287." (Order of the President pro tempore, Cong. Rec., vol. 115, p. $6572 (June 17, 1969, daily ed.), pursuant to Pub. L. 90-206, § 212, Dec. 16, 1967; 81 Stat. 634.)

basic and additional compensation, but does not include sums received as premium pay under subchapter V of this chapter.

(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 Clerk 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;
(C) section 327 of title 15;
(D) section 907 of title 20;

(E) section 873 of title 33;

(F) section 3335 (a) or (c) of title 39;

(G) section 631 or 631a of title 31, District of Columbia Code; or

(H) section 102 of title 2, Canal Zone Code.

(e) This section does not apply to an individual employed under sections 174j-1 to 174j-7 or 174k of title 40. (Pub. L 89-554, Sept. 6, 1966, 80 Stat. 483, amended Pub. L. 90-57, § 105 (h), Sept. 11, 1967, 81 Stat. 143; Pub. L. 90-206, title II, § 214(0), Dec. 16, 1967, 81 Stat. 637.)

§ 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484.)

§ 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. (Added Pub. L. 90-83, § 1 (22), Sept. 11, 1967, 81 Stat. 199.)

§ 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484.)

§ 5536. Extra pay for extra services prohibited

An 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 484.)

§ 5537. Fees for jury service in courts of the United States

An employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia, who is entitled to leave under section 6322 of this title, may not receive fees for jury service in a court of the United States. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484, amended Pub. L. 90–623, § 1(12), Oct. 22, 1968, 82 Stat. 1312.) SUBCHAPTER V-PREMIUM PAY

§ 5541. Definitions

For the purpose of this subchapter

(1) "agency" means—

(A) an Executive agency;

(B) a military department;

(C) an agency in the judicial branch;

(D) the Library of Congress;

E) the Botanic Garden;

(F) the Office of the Architect of the Capitol; and
(G) the government of the District of Columbia; and

(2) "employee" means

(A) an employee in or under an Executive agency; (B) an individual employed by the government of the District of Columbia; and

(C) an employee in or under the judicial branch, the Library of Congress, the Botanic Garden, and the Office of the Architect of the Capitol, who occupies a position subject to chapter 51 and subchapter III of chapter 53 of this title; but does not include―

(i) a justice or judge of the United States;

(ii) the head of an agency other than the government of the District of Columbia;

(iii) a teacher, school official, or employee of the Board of Education of the District of Columbia, whose pay is fixed under chapter 15 of title 31, District of Columbia Code;

(iv) a member of the Metropolitan Police, the Fire Department of the District of Columbia, the United States Park Police, or the White House Police;

(v) a student-employee as defined by section 5351 of this title;

(vi) an employee in the postal field service;

(vii) an employee outside the continental United States or in Alaska who is paid in accordance with local native prevailing wage rates for the area in which employed;

(viii) an employee of the Tennessee Valley Authority; (ix) an individual to whom section 1291 (a) of title 50, appendix, applies;

(x) an employee of a Federal land bank, a Federal intermediate credit bank, or a bank for cooperatives;

(xi) an employee whose basic pay is fixed and adjusted from time to time in accordance with prevailing rates by a wage board or similar administrative authority serving the same purpose, except as provided by section 5544 of this title;

(xii) an employee of the Transportation Corps of the Army on a vessel operated by the United States, a vessel employee of the Environmental Science Services Administration, a vessel employee of the Department of the Interior, or a vessel employee of the Panama Canal Company; or

(xiii) a "teacher" or an individual holding a "teaching position" as defined by section 901 of title 20.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 485, amended Pub. L. 90-83, §1(4), Sept. 11, 1967, 81 Stat. 196.)

§ 5542. Overtime rates; computation

(a) Hours of work officially ordered or approved in excess of 40 hours in an administrative workweek, or (with the exception of an employee engaged in professional or technical engineering or scientific activities for whom the first 40 hours of duty in an administrative workweek is the basic workweek and an employee whose basic pay exceeds the minimum rate for GS-10 for whom the first 40 hours of duty in an administrative workweek is the basic workweek) in excess of 8 hours in a day, performed by an employee are overtime work and shall

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