PART III—EMPLOYEES
Subpart A—General Provisions
Subpart B—Employment and Retention
Subpart C—Employee Performance
Subpart D—Pay and Allowances
Subpart E—Attendance and Leave
Subpart F—Labor-Management and Employee Relations
Subpart G—Insurance and Annuities
Subpart H—Access to Criminal History Record Information
Subpart I—Miscellaneous
Amendments
1998—
1993—
1986—
1985—
1984—
1978—
Part Referred to in Other Sections
This part is referred to in title 28 section 996; title 42 section 3056b; title 44 section 2105; title 47 sections 154, 332.
1 So in original. Probably should be capitalized.
Subpart A—General Provisions
CHAPTER 21 —DEFINITIONS
Amendments
1980—
1978—
1972—
Chapter Referred to in Other Sections
This chapter is referred to in title 22 section 3664.
§2101. Civil service; armed forces; uniformed services
For the purpose of this title—
(1) the "civil service" consists of all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services;
(2) "armed forces" means the Army, Navy, Air Force, Marine Corps, and Coast Guard; and
(3) "uniformed services" means the armed forces, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.
(
Historical and Revision Notes
1966 Act
The section is supplied to establish basis of reference to employees in this title.
1967 Act
This section amends various sections [§§2101, 4102, 4109, 5541, 8101] of
Amendments
1979—Par. (3).
Effective Date of 1979 Amendment
Amendment by
Short Title of 1998 Amendment
Short Title of 1994 Amendment
Short Title of 1990 Amendment
Coordination of Title VII of Pub. L. 101–508 With Section 909 of Title 2
Section Referred to in Other Sections
This section is referred to in title 18 section 207; title 22 section 3641; title 41 section 423.
§2101a. The Senior Executive Service
The "Senior Executive Service" consists of Senior Executive Service positions (as defined in
(Added
Effective Date
Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§2102. The competitive service
(a) The "competitive service" consists of—
(1) all civil service positions in the executive branch, except—
(A) positions which are specifically excepted from the competitive service by or under statute;
(B) positions to which appointments are made by nomination for confirmation by the Senate, unless the Senate otherwise directs; and
(C) positions in the Senior Executive Service;
(2) civil service positions not in the executive branch which are specifically included in the competitive service by statute; and
(3) positions in the government of the District of Columbia which are specifically included in the competitive service by statute.
(b) Notwithstanding subsection (a)(1)(B) of this section, the "competitive service" includes positions to which appointments are made by nomination for confirmation by the Senate when specifically included therein by statute.
(c) As used in other Acts of Congress, "classified civil service" or "classified service" means the "competitive service".
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Jan. 16, 1883, ch. 27, §7 (less applicability to appointment and promotion), |
Subsection (a) is restated in the form of a definition.
Subsection (a)(1) is based on former section 638, which placed positions in the executive branch of the Government generally in the competitive service by the requirement that employment be predicated on passing an examination or being exempted from examination, and section 1 of the Act of Nov. 26, 1940, ch. 919, title I,
In subsection (a)(1)(B), the words "or to pass an examination" are omitted as covered by the exclusion from the "competitive service".
Subsection (a)(2) preserves the exception stated in former section 638 modified to recognize the several statutory exceptions to this exception that have been enacted. The language of former section 638 relative to examination is codified in sections 3304(b) and 3361. The reference to veterans' preference is omitted because the statute referred to, R.S. §1754, was superseded by sections 3 and 21 of the Act of June 18, 1929, ch. 28,
Subsection (b) is added because of the provisions in
Subsection (c) is supplied for conformity inasmuch as the terms are coextensive by definition.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Subsec. (a)(1)(C).
Effective Date of 1978 Amendment
Amendment by
Cross References
Employment of reading assistants for blind employees without regard to provisions governing appointments to the competitive service, see
Section Referred to in Other Sections
This section is referred to in
§2103. The excepted service
(a) For the purpose of this title, the "excepted service" consists of those civil service positions which are not in the competitive service or the Senior Executive Service.
(b) As used in other Acts of Congress, "unclassified civil service" or "unclassified service" means the "excepted service".
(
Historical and Revision Notes
The section is supplied for convenience. The "excepted service" has come to mean all employees not in the competitive service, for whatever reason.
Amendments
1978—Subsec. (a).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2104. Officer
(a) For the purpose of this title, "officer", except as otherwise provided by this section or when specifically modified, means a justice or judge of the United States and an individual who is—
(1) required by law to be appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a court of the United States;
(C) the head of an Executive agency; or
(D) the Secretary of a military department;
(2) engaged in the performance of a Federal function under authority of law or an Executive act; and
(3) subject to the supervision of an authority named by paragraph (1) of this section, or the Judicial Conference of the United States, while engaged in the performance of the duties of his office.
(b) Except as otherwise provided by law, an officer of the United States Postal Service or of the Postal Rate Commission is deemed not an officer for purposes of this title.
(
Historical and Revision Notes
The section is supplied for convenience.
Amendments
1970—Subsec. (a).
Subsec. (b).
Effective Date of 1970 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2105. Employee
(a) For the purpose of this title, "employee", except as otherwise provided by this section or when specifically modified, means an officer and an individual who is—
(1) appointed in the civil service by one of the following acting in an official capacity—
(A) the President;
(B) a Member or Members of Congress, or the Congress;
(C) a member of a uniformed service;
(D) an individual who is an employee under this section;
(E) the head of a Government controlled corporation; or
(F) an adjutant general designated by the Secretary concerned under
(2) engaged in the performance of a Federal function under authority of law or an Executive act; and
(3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position.
(b) An individual who is employed at the United States Naval Academy in the midshipmen's laundry, the midshipmen's tailor shop, the midshipmen's cobbler and barber shops, and the midshipmen's store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee.
(c) An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Army and Air Force Motion Picture Service, Navy Ship's Stores Ashore, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an employee for the purpose of—
(1) laws administered by the Office of Personnel Management, except—
(A) section 7204;
(B) as otherwise specifically provided in this title;
(C) the Fair Labor Standards Act of 1938;
(D) for the purpose of entering into an interchange agreement to provide for the noncompetitive movement of employees between such instrumentalities and the competitive service; or
(E) subchapter V of
(2) subchapter I of
This subsection does not affect the status of these nonappropriated fund activities as Federal instrumentalities.
(d) A Reserve of the armed forces who is not on active duty or who is on active duty for training is deemed not an employee or an individual holding an office of trust or profit or discharging an official function under or in connection with the United States because of his appointment, oath, or status, or any duties or functions performed or pay or allowances received in that capacity.
(e) Except as otherwise provided by law, an employee of the United States Postal Service or of the Postal Rate Commission is deemed not an employee for purposes of this title.
(f) For purposes of sections 1212, 1213, 1214, 1215, 1216, 1221, 1222, 2302, and 7701, employees appointed under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(b) | [Uncodified]. | Aug. 5, 1939, ch. 448, §2, |
[Uncodified]. | Dec. 3, 1945, ch. 510, §2, |
|
[Uncodified]. | Dec. 28, 1945, ch. 593, §2, |
|
[Uncodified]. | Dec. 28, 1945, ch. 594, §2, |
|
[Uncodified]. | July 26, 1946, ch. 675, §2 (last proviso), |
|
(c) | June 19, 1952, ch. 444, §1, |
|
(d) | Aug. 10, 1956, ch. 1041, §29(d), |
Subsection (a) is supplied to avoid the necessity of defining "employee" each time it appears in this title. The subsection is based on a definition worked out independently by the Civil Service Commission and the Department of Labor and in use by both for more than a decade.
In subsection (b), the provisions of the source statutes which relate to credit for prior service and diminution of pay are executed, or, insofar as to be executed preserved by technical section 8.
In subsection (d), the words "officer or" are omitted as included within "employee".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The Fair Labor Standards Act of 1938, referred to in subsec. (c)(1)(C), is act June 25, 1938, ch. 676,
Amendments
1997—Subsec. (b).
1996—Subsec. (b).
1994—Subsec. (f).
1993—Subsec. (c)(1)(E).
1990—Subsec. (c)(1).
Subsec. (c)(2).
1986—Subsec. (c)(1).
Subsec. (c)(2).
1979—Subsec. (a)(1)(F).
Subsec. (c)(1).
1978—Subsec. (c)(1).
1972—Subsec. (c)(1).
1970—Subsec. (e).
1968—Subsec. (a)(1)(F).
Effective Date of 1996 Amendment
Section 370(e) of
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1990 Amendment
Section 7202(m) of
"(1) The amendments made by this section [amending this section and
"(A) moves without a break in service of more than 3 days from employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard that is described in
"(B) moves without a break in service from employment in the Department of Defense or the Coast Guard that is not described in such section 2105(c) to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, that is described in such section 2105(c).
"(2) The Secretary of Defense, the Secretary of Transportation, the Director of the Office of Personnel Management, and the Executive Director of the Federal Retirement Thrift Investment Board, as applicable, shall take such actions as may be practicable to ensure that each individual who has moved as described under paragraph (1) on or after January 1, 1987, and before the date of enactment of this Act [Nov. 5, 1990], receives the benefit of the amendments made by this section as if such amendments had been in effect at the time such individual so moved. Each such individual who wishes to make an election of retirement coverage under the amendments made by subsection (j) or (k) of this section [amending
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Treatment of Individuals Electing To Remain Subject to Their Former Retirement System
Section 7202(n) of
"(1) For the purpose of this section [amending this section and
"(2)(A) If an individual makes an election under
"(B) Notwithstanding subsection (a) or (b) of
"(3)(A) If an individual makes an election under
"(B) Notwithstanding subsection (a) or (b) of
"(4) If an individual makes an election under
[Amendment by
Prohibition of Decrease in Basic Pay Rate of Employees of Nonappropriated Fund Instrumentalities
Amendments by
Section Referred to in Other Sections
This section is referred to in
§2106. Member of Congress
For the purpose of this title, "Member of Congress" means the Vice President, a member of the Senate or the House of Representatives, a Delegate to the House of Representatives, and the Resident Commissioner from Puerto Rico.
(
Historical and Revision Notes
The section is supplied to avoid the necessity of defining "Member of Congress" each time the term is used in this title.
Amendments
1979—
1970—
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2107. Congressional employee
For the purpose of this title, "Congressional employee" means—
(1) an employee of either House of Congress, of a committee of either House, or of a joint committee of the two Houses;
(2) an elected officer of either House who is not a Member of Congress;
(3) the Legislative Counsel of either House and an employee of his office;
(4) a member of the Capitol Police;
(5) an employee of a Member of Congress if the pay of the employee is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives;
[(6) Repealed.
(7) the Architect of the Capitol and an employee of the Architect of the Capitol;
(8) an employee of the Botanic Garden; and
(9) an employee of the Capitol Guide Service.
(
Historical and Revision Notes
1966 Act
The section is supplied to avoid the necessity of defining "Congressional employee" each time the term is used in this title.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2107(6) | 2:126–1. | July 27, 1965, |
2107(8) | 5 App.: 2251(c). | Sept. 26, 1966, |
Paragraph (6), relating to Official Reporters of Debates of the Senate and their employees, is eliminated as unnecessary on authority of the act of July 27, 1965 (
In paragraph (8), based on the act of September 26, 1966 (5 App. U.S.C. 2251(c)), the word "officers" is omitted as included in "employees," and the words "United States" preceding the words "Botanic Garden" are omitted as unnecessary.
Amendments
1996—Par. (5).
1970—Par. (9). Pub. L. 91—510 added par. (9).
Effective Date of 1970 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2108. Veteran; disabled veteran; preference eligible
For the purpose of this title–
(1) "veteran" means an individual who–
(A) served on active duty in the armed forces during a war, in a campaign or expedition for which a campaign badge has been authorized, or during the period beginning April 28, 1952, and ending July 1, 1955;
(B) served on active duty as defined by
(C) served on active duty as defined by
and who has been separated from the armed forces under honorable conditions;
(2) "disabled veteran" means an individual who has served on active duty in the armed forces, has been separated therefrom under honorable conditions, and has established the present existence of a service-connected disability or is receiving compensation, disability retirement benefits, or pension because of a public statute administered by the Department of Veterans Affairs or a military department;
(3) "preference eligible" means, except as provided in paragraph (4) of this section—
(A) a veteran as defined by paragraph (1)(A) of this section;
(B) a veteran as defined by paragraph (1)(B) or (C) of this section;
(C) a disabled veteran;
(D) the unmarried widow or widower of a veteran as defined by paragraph (1)(A) of this section;
(E) the wife or husband of a service-connected disabled veteran if the veteran has been unable to qualify for any appointment in the civil service or in the government of the District of Columbia;
(F) the mother of an individual who lost his life under honorable conditions while serving in the armed forces during a period named by paragraph (1)(A) of this section, if—
(i) her husband is totally and permanently disabled;
(ii) she is widowed, divorced, or separated from the father and has not remarried; or
(iii) she has remarried but is widowed, divorced, or legally separated from her husband when preference is claimed; and
(G) the mother of a service-connected permanently and totally disabled veteran, if—
(i) her husband is totally and permanently disabled;
(ii) she is widowed, divorced, or separated from the father and has not remarried; or
(iii) she has remarried but is widowed, divorced, or legally separated from her husband when preference is claimed;
but does not include applicants for, or members of, the Senior Executive Service, the Defense Intelligence Senior Executive Service, the Senior Cryptologic Executive Service, or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;
(4) except for the purposes of chapters 43 and 75 of this title, "preference eligible" does not include a retired member of the armed forces unless—
(A) the individual is a disabled veteran; or
(B) the individual retired below the rank of major or its equivalent; and
(5) "retired member of the armed forces" means a member or former member of the armed forces who is entitled, under statute, to retired, retirement, or retainer pay on account of service as a member.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §2 (less 1st 76 words), |
||
Jan. 19, 1948, ch. 1, §1, |
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July 2, 1948, ch. 816, |
||
Aug. 26, 1949, ch. 513, |
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Dec. 27, 1950, ch. 1151, §1, |
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July 14, 1952, ch. 728, §1, |
In paragraph (2), the words "a military department" are substituted for "the War Department or Navy Department" (appearing in section 2 of the Act of June 27, 1944) because of the definition of "military department" in section 102. The Department of War was designated the Department of the Army by the Act of July 26, 1947, ch. 343, §205,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
2108 | 5 App.: 851. | Mar. 3, 1966, |
Amendments
1998—Par. (3).
1997—Par. (1)(B).
Par. (1)(C).
Par. (3)(B).
1991—Par. (2).
1988—Par. (3).
1981—Par. (3).
1980—Par. (3).
1979—Par. (3).
Par. (5).
1978—Par. (2).
Par. (3).
Pars. (4), (5).
Par. (5).
1976—Par. (1)(B).
1971—Par. (3)(D).
Par. (3)(E).
1968—Par. (3)(D).
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by section 2(a)(8) of
Section 2(a)(9)(B) of
Effective Date of 1978 Amendment
Section 307(a) of
Amendment by section 401(d) of
Effective Date of 1968 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§2109. Air traffic controller; Secretary
For the purpose of this title—
(1) "air traffic controller" or "controller" means a civilian employee of the Department of Transportation or the Department of Defense who, in an air traffic control facility or flight service station facility—
(A) is actively engaged—
(i) in the separation and control of air traffic; or
(ii) in providing preflight, inflight, or airport advisory service to aircraft operators; or
(B) is the immediate supervisor of any employee described in subparagraph (A); and
(2) "Secretary", when used in connection with "air traffic controller" or "controller", means the Secretary of Transportation with respect to controllers in the Department of Transportation, and the Secretary of Defense with respect to controllers in the Department of Defense.
(Added
Amendments
1986—Par. (1).
1980—
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Section 3 of
"(1) October 1, 1980, or
"(2) the ninetieth day after the date of the enactment of this Act [Sept. 12, 1980]."
Effective Date
Section effective on 90th day after May 16, 1972, see, section 10 of
Section Referred to in Other Sections
This section is referred to in title 49 section 44506.
CHAPTER 23 —MERIT SYSTEM PRINCIPLES
Chapter Referred to in Other Sections
This chapter is referred to in
§2301. Merit system principles
(a) This section shall apply to—
(1) an Executive agency; and
(2) the Government Printing Office.
(b) Federal personnel management should be implemented consistent with the following merit system principles:
(1) Recruitment should be from qualified individuals from appropriate sources in an endeavor to achieve a work force from all segments of society, and selection and advancement should be determined solely on the basis of relative ability, knowledge, and skills, after fair and open competition which assures that all receive equal opportunity.
(2) All employees and applicants for employment should receive fair and equitable treatment in all aspects of personnel management without regard to political affiliation, race, color, religion, national origin, sex, marital status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights.
(3) Equal pay should be provided for work of equal value, with appropriate consideration of both national and local rates paid by employers in the private sector, and appropriate incentives and recognition should be provided for excellence in performance.
(4) All employees should maintain high standards of integrity, conduct, and concern for the public interest.
(5) The Federal work force should be used efficiently and effectively.
(6) Employees should be retained on the basis of the adequacy of their performance, inadequate performance should be corrected, and employees should be separated who cannot or will not improve their performance to meet required standards.
(7) Employees should be provided effective education and training in cases in which such education and training would result in better organizational and individual performance.
(8) Employees should be—
(A) protected against arbitrary action, personal favoritism, or coercion for partisan political purposes, and
(B) prohibited from using their official authority or influence for the purpose of interfering with or affecting the result of an election or a nomination for election.
(9) Employees should be protected against reprisal for the lawful disclosure of information which the employees reasonably believe evidences—
(A) a violation of any law, rule, or regulation, or
(B) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
(c) In administering the provisions of this chapter—
(1) with respect to any agency (as defined in
(2) with respect to any entity in the executive branch which is not such an agency or part of such an agency, the head of such entity shall, pursuant to authority otherwise available, take any action, including the issuance of rules, regulations, or directives;
which is consistent with the provisions of this title and which the President or the head, as the case may be, determines is necessary to ensure that personnel management is based on and embodies the merit system principles.
(Added
Amendments
1990—Subsec. (a).
Effective Date
Chapter effective 90 days after Oct. 13, 1978, see section 907 of
Section Referred to in Other Sections
This section is referred to in
§2302. Prohibited personnel practices
(a)(1) For the purpose of this title, "prohibited personnel practice" means any action described in subsection (b).
(2) For the purpose of this section—
(A) "personnel action" means—
(i) an appointment;
(ii) a promotion;
(iii) an action under
(iv) a detail, transfer, or reassignment;
(v) a reinstatement;
(vi) a restoration;
(vii) a reemployment;
(viii) a performance evaluation under
(ix) a decision concerning pay, benefits, or awards, concerning education or training if the education or training may reasonably be expected to lead to an appointment, promotion, performance evaluation, or other action described in this subparagraph;
(x) a decision to order psychiatric testing or examination; and
(xi) any other significant change in duties, responsibilities, or working conditions;
with respect to an employee in, or applicant for, a covered position in an agency, and in the case of an alleged prohibited personnel practice described in subsection (b)(8), an employee or applicant for employment in a Government corporation as defined in
(B) "covered position" means, with respect to any personnel action, any position in the competitive service, a career appointee position in the Senior Executive Service, or a position in the excepted service, but does not include any position which is, prior to the personnel action—
(i) excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or
(ii) excluded from the coverage of this section by the President based on a determination by the President that it is necessary and warranted by conditions of good administration; and
(C) "agency" means an Executive agency and the Government Printing Office, but does not include—
(i) a Government corporation, except in the case of an alleged prohibited personnel practice described under subsection (b)(8);
(ii) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Security Agency, and, as determined by the President, any Executive agency or unit thereof the principal function of which is the conduct of foreign intelligence or counterintelligence activities; or
(iii) the General Accounting Office.
(b) Any employee who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority—
(1) discriminate for or against any employee or applicant for employment—
(A) on the basis of race, color, religion, sex, or national origin, as prohibited under section 717 of the Civil Rights Act of 1964 (
(B) on the basis of age, as prohibited under sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (
(C) on the basis of sex, as prohibited under section 6(d) of the Fair Labor Standards Act of 1938 (
(D) on the basis of handicapping condition, as prohibited under section 501 of the Rehabilitation Act of 1973 (
(E) on the basis of marital status or political affiliation, as prohibited under any law, rule, or regulation;
(2) solicit or consider any recommendation or statement, oral or written, with respect to any individual who requests or is under consideration for any personnel action unless such recommendation or statement is based on the personal knowledge or records of the person furnishing it and consists of—
(A) an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or
(B) an evaluation of the character, loyalty, or suitability of such individual;
(3) coerce the political activity of any person (including the providing of any political contribution or service), or take any action against any employee or applicant for employment as a reprisal for the refusal of any person to engage in such political activity;
(4) deceive or willfully obstruct any person with respect to such person's right to compete for employment;
(5) influence any person to withdraw from competition for any position for the purpose of improving or injuring the prospects of any other person for employment;
(6) grant any preference or advantage not authorized by law, rule, or regulation to any employee or applicant for employment (including defining the scope or manner of competition or the requirements for any position) for the purpose of improving or injuring the prospects of any particular person for employment;
(7) appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position any individual who is a relative (as defined in
(8) take or fail to take, or threaten to take or fail to take, a personnel action with respect to any employee or applicant for employment because of—
(A) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences—
(i) a violation of any law, rule, or regulation, or
(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety,
if such disclosure is not specifically prohibited by law and if such information is not specifically required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs; or
(B) any disclosure to the Special Counsel, or to the Inspector General of an agency or another employee designated by the head of the agency to receive such disclosures, of information which the employee or applicant reasonably believes evidences—
(i) a violation of any law, rule, or regulation, or
(ii) gross mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety;
(9) take or fail to take, or threaten to take or fail to take, any personnel action against any employee or applicant for employment because of—
(A) the exercise of any appeal, complaint, or grievance right granted by any law, rule, or regulation;
(B) testifying for or otherwise lawfully assisting any individual in the exercise of any right referred to in subparagraph (A);
(C) cooperating with or disclosing information to the Inspector General of an agency, or the Special Counsel, in accordance with applicable provisions of law; or
(D) for refusing to obey an order that would require the individual to violate a law;
(10) discriminate for or against any employee or applicant for employment on the basis of conduct which does not adversely affect the performance of the employee or applicant or the performance of others; except that nothing in this paragraph shall prohibit an agency from taking into account in determining suitability or fitness any conviction of the employee or applicant for any crime under the laws of any State, of the District of Columbia, or of the United States;
(11)(A) knowingly take, recommend, or approve any personnel action if the taking of such action would violate a veterans' preference requirement; or
(B) knowingly fail to take, recommend, or approve any personnel action if the failure to take such action would violate a veterans' preference requirement; or
(12) take or fail to take any other personnel action if the taking of or failure to take such action violates any law, rule, or regulation implementing, or directly concerning, the merit system principles contained in
This subsection shall not be construed to authorize the withholding of information from the Congress or the taking of any personnel action against an employee who discloses information to the Congress.
(c) The head of each agency shall be responsible for the prevention of prohibited personnel practices, for the compliance with and enforcement of applicable civil service laws, rules, and regulations, and other aspects of personnel management, and for ensuring (in consultation with the Office of Special Counsel) that agency employees are informed of the rights and remedies available to them under this chapter and
(d) This section shall not be construed to extinguish or lessen any effort to achieve equal employment opportunity through affirmative action or any right or remedy available to any employee or applicant for employment in the civil service under—
(1) section 717 of the Civil Rights Act of 1964 (
(2) sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (
(3) under section 6(d) of the Fair Labor Standards Act of 1938 (
(4) section 501 of the Rehabilitation Act of 1973 (
(5) the provisions of any law, rule, or regulation prohibiting discrimination on the basis of marital status or political affiliation.
(e)(1) For the purpose of this section, the term "veterans' preference requirement" means any of the following provisions of law:
(A) Sections 2108, 3305(b), 3309, 3310, 3311, 3312, 3313, 3314, 3315, 3316, 3317(b), 3318, 3320, 3351, 3352, 3363, 3501, 3502(b), 3504, and 4303(e) and (with respect to a preference eligible referred to in section 7511(a)(1)(B)) subchapter II of
(B)
(C) Section 1308(b) of the Alaska National Interest Lands Conservation Act.
(D) Section 301(c) of the Foreign Service Act of 1980.
(E)
(F)
(G) Any other provision of law that the Director of the Office of Personnel Management designates in regulations as being a veterans' preference requirement for the purposes of this subsection.
(H) Any regulation prescribed under subsection (b) or (c) of section 1302 and any other regulation that implements a provision of law referred to in any of the preceding subparagraphs.
(2) Notwithstanding any other provision of this title, no authority to order corrective action shall be available in connection with a prohibited personnel practice described in subsection (b)(11). Nothing in this paragraph shall be considered to affect any authority under section 1215 (relating to disciplinary action).
(Added
References in Text
The civil service laws, referred to in subsec. (c), are set out in this title. See, particularly,
Section 1308(b) of the Alaska National Interest Lands Conservation Act, referred to in subsec. (e)(1)(C), is classified to
Section 301(c) of the Foreign Service Act of 1980, referred to in subsec. (e)(1)(D), is classified to
Amendments
1998—Subsec. (a)(1).
"(A) Any action described in subsection (b) of this section.
"(B) Any action or failure to act that is designated as a prohibited personnel action under
Subsec. (b)(10) to (12).
Subsec. (e).
1996—Subsec. (a)(1).
Subsec. (a)(2)(C)(ii).
Subsec. (b)(2).
1994—Subsec. (a)(2)(A).
Subsec. (a)(2)(A)(x), (xi).
Subsec. (a)(2)(B).
"(i) a position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or
"(ii) any position excluded from the coverage of this section by the President based on a determination by the President that it is necessary and warranted by conditions of good administration."
Subsec. (a)(2)(C)(i).
Subsec. (a)(2)(C)(ii).
Subsec. (c).
1993—Subsec. (b)(2).
"(A) an evaluation of the work performance, ability, aptitude, or general qualifications of such individual; or
"(B) an evaluation of the character, loyalty, or suitability of such individual;".
1992—Subsec. (b)(8)(B).
1990—Subsec. (a)(2)(C).
1989—Subsec. (b)(8).
Subsec. (b)(9).
Effective Date of 1996 Amendments
Amendment by section 1122(a)(1) of
Section 315(c) of
Effective Date of 1993 Amendment; Savings Provision
Amendment by
Effective Date of 1989 Amendment
Amendment by
Savings Provision
Section Referred to in Other Sections
This section is referred to in
§2303. Prohibited personnel practices in the Federal Bureau of Investigation
(a) Any employee of the Federal Bureau of Investigation who has authority to take, direct others to take, recommend, or approve any personnel action, shall not, with respect to such authority, take or fail to take a personnel action with respect to any employee of the Bureau as a reprisal for a disclosure of information by the employee to the Attorney General (or an employee designated by the Attorney General for such purpose) which the employee or applicant reasonably believes evidences—
(1) a violation of any law, rule, or regulation, or
(2) mismanagement, a gross waste of funds, an abuse of authority, or a substantial and specific danger to public health or safety.
For the purpose of this subsection, "personnel action" means any action described in clauses (i) through (x) of
(b) The Attorney General shall prescribe regulations to ensure that such a personnel action shall not be taken against an employee of the Bureau as a reprisal for any disclosure of information described in subsection (a) of this section.
(c) The President shall provide for the enforcement of this section in a manner consistent with applicable provisions of
(Added
Amendments
1989—Subsec. (c).
Effective Date of 1989 Amendment
Amendment by
Delegation of Responsibilities Concerning FBI Employees Under the Civil Service Reform Act of 1978
Memorandum of President of the United States, Apr. 14, 1997, 62 F.R. 23123, provided:
Memorandum for the Attorney General
By the authority vested in me by the Constitution and laws of the United States of America, including
All of the functions vested in the President by
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
§2304. Responsibility of the General Accounting Office
If requested by either House of the Congress (or any committee thereof), or if considered necessary by the Comptroller General, the General Accounting Office shall conduct audits and reviews to assure compliance with the laws, rules, and regulations governing employment in the executive branch and in the competitive service and to assess the effectiveness and soundness of Federal personnel management.
(Added
Amendments
1995—
"(1) significant actions taken by the Board to carry out its functions under this title; and
"(2) significant actions of the Office of Personnel Management, including an analysis of whether or not the actions of the Office are in accord with merit system principles and free from prohibited personnel practices."
1992—Subsec. (b).
§2305. Coordination with certain other provisions of law
No provision of this chapter, or action taken under this chapter, shall be construed to impair the authorities and responsibilities set forth in section 102 of the National Security Act of 1947 (
(Added
References in Text
The Central Intelligence Agency Act of 1949 (
The Act entitled "An Act to provide certain administrative authorities for the National Security Agency, and for other purposes", approved May 29, 1959 (
The Act entitled "An Act to amend the Internal Security Act of 1950", approved March 26, 1964 (
CHAPTER 29 —COMMISSIONS, OATHS, RECORDS, AND REPORTS
SUBCHAPTER I—COMMISSIONS, OATHS, AND RECORDS
SUBCHAPTER II—REPORTS
Amendments
1978—
SUBCHAPTER I—COMMISSIONS, OATHS, AND RECORDS
§2901. Commission of an officer
The President may make out and deliver, after adjournment of the Senate, the commission of an officer whose appointment has been confirmed by the Senate.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §1773. |
The words "confirmed by" are substituted for "advised and consented to".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§2902. Commission; where recorded
(a) Except as provided by subsections (b) and (c) of this section, the Secretary of State shall make out and record, and affix the seal of the United States to, the commission of an officer appointed by the President. The seal of the United States may not be affixed to the commission before the commission has been signed by the President.
(b) The commission of an officer in the civil service or uniformed services under the control of the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of a military department, the Secretary of the Interior, or the Secretary of the Treasury shall be made out and recorded in the department in which he is to serve under the seal of that department. The departmental seal may not be affixed to the commission before the commission has been signed by the President.
(c) The commissions of judicial officers and United States attorneys and marshals, appointed by the President, by and with the advice and consent of the Senate, and other commissions which before August 8, 1888, were prepared at the Department of State on the requisition of the Attorney General, shall be made out and recorded in the Department of Justice under the seal of that department and countersigned by the Attorney General. The departmental seal may not be affixed to the commission before the commission has been signed by the President.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | [None.] | |
(b) | Mar. 3, 1875, ch. 131, §14, |
|
Mar. 28, 1896, ch. 73, |
||
Mar. 3, 1905, ch. 1422, |
||
(c) | Aug. 8, 1888, ch. 786, |
In subsection (a), the words "Except as provided by subsections (b) and (c) of this section," are added on authority of former sections 11 and 12, which are codified in subsections (b) and (c) of this section. The words "the commission of an officer" are substituted for "all civil commissions for officers of the United States" because of the definition of "officer" in section 2104. The words "by the President" are coextensive with and substituted for "by the President, by and with the advice and consent of the Senate, or by the President alone".
In subsection (b), the words "officer in the civil service or uniformed services" are substituted for "officer" because of the definition of "officer" in section 2104. The words "direction and" are omitted as included within "the control". The words "the Secretary of Defense" are added on authority of the Acts of July 26, 1947, ch. 343, §305(a),
In subsection (c), the words "and shall be" and "any laws to the contrary notwithstanding" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1975—Subsec. (b).
Section Referred to in Other Sections
This section is referred to in title 4 section 42.
§2903. Oath; authority to administer
(a) The oath of office required by
(b) An employee of an Executive agency designated in writing by the head of the Executive agency, or the Secretary of a military department with respect to an employee of his department, may administer—
(1) the oath of office required by
(2) any other oath required by law in connection with employment in the executive branch.
(c) An oath authorized or required under the laws of the United States may be administered by—
(1) the Vice President; or
(2) an individual authorized by local law to administer oaths in the State, District, or territory or possession of the United States where the oath is administered.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | R.S. §1758. | |
(b) | June 26, 1943, ch. 145, §206 (less 1st 9 words after last comma), |
|
(c) | Sept. 30, 1961, |
|
July 3, 1926, ch. 752, |
In subsection (b), the words "On and after June 26, 1943" are omitted as executed, and the word "officer" is omitted as included in "employee". The words "Executive agency" are coextensive with and substituted for "executive departments or independent establishments, including any agency the majority of the stock of which is owned by the Government of the United States" because of the definition of "Executive agency" in section 105. The words "or the Secretary of a military department with respect to an employee of his department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
In subsection (c), the word "Constitution" is omitted because "laws", as used in this title, encompasses the Constitution. In subsection (c)(1), the words "of the United States" are omitted as unnecessary. In subsection (c)(2), the words "an individual authorized by local law to administer oaths in the State, District, or territory, or possession of the United States where the oath is administered" are coextensive with and substituted for "notaries public duly appointed in any State, District, or Territory of the United States, by clerks and prothonotaries of courts of record of any such State, District, or Territory, by the deputies of such clerks and prothonotaries, and by all magistrates authorized by the laws of or pertaining to any such State, District, or Territory to administer oaths".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 39 section 1011.
§2904. Oath; administered without fees
An employee of an Executive agency who is authorized to administer the oath of office required by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 26, 1943, ch. 145, §206 (1st 9 words after last comma), |
||
Sept. 30, 1961, |
||
Aug. 29, 1890, ch. 820, §1 (2d sentence under "Fourth Auditor's Office"), |
The section is restated to combine former sections 16a(a) (1st 9 words after last comma) and 20. The prohibition is restated in positive form. The words "officer" and "clerk" are omitted as included in "employee". Reference to oaths taken on promotion is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§2905. Oath; renewal
(a) An employee of an Executive agency or an individual employed by the government of the District of Columbia who, on original appointment, subscribed to the oath of office required by
(b) An individual who, on appointment as an employee of a House of Congress, subscribed to the oath of office required by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Aug. 14, 1937, ch. 624, |
|
(b) | Mar. 28, 1955, ch. 17, |
In subsection (a), the word "civilian" is omitted as unnecessary because of the definition of "employee" in section 2105. The words "Executive agency" are coextensive with and substituted for "executive departments and independent establishments of the United States" because of the definition of "Executive agency" in section 105. The words "the Secretary of a military department with respect to an employee of his department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§2906. Oath; custody
The oath of office taken by an individual under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §1759. |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
SUBCHAPTER II—REPORTS
§2951. Reports to the Office of Personnel Management
The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that—
(1) the appointing authority notify the Office of Personnel Management in writing of the following actions and their dates as to each individual selected for appointment in the competitive service from among those who have been examined—
(A) appointment and residence of appointee;
(B) separation during probation;
(C) transfer;
(D) resignation;
(E) removal; and
(2) the Office keep records of these actions.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Jan. 16, 1883, ch. 27, §2(2)8 (less last sentence), |
The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302.
In paragraph (1), the word "authority" is substituted for "power". The words "or employment" are omitted as included within "appointment".
In paragraph (1)(B), the words "separation during probation" are substituted for "of the rejection of any such person after probation". The words "rejection . . . after probation" refer to a rejection, i.e., separation, after a portion of the probationary period has been served but before the end of the probationary period. This is so because an individual can be rejected only during the probationary period. After he has completed the probationary period, he can be removed only under procedures governing removals from the competitive service, and removals of this nature are covered by paragraph (E).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Pars. (1), (2).
Effective Date of 1978 Amendment
Amendment by
Cross References
President's power to grant exceptions from provisions of this section, see
Section Referred to in Other Sections
This section is referred to in
§2952. Time of making annual reports
Except when a different time is specifically prescribed by statute, the head of each Executive department or military department shall make the annual reports, required to be submitted to Congress, at the beginning of each regular session of Congress. The reports shall cover the transactions of the preceding year.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §195. |
The words "Executive department" are substituted for "department" as the definition of "department" applicable to this section is coextensive with the definition of "Executive department" in section 101.
The words "or military department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, 201(d), as added Aug. 10, 1949, ch. 412, §4,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§2953. Reports to Congress on additional employee requirements
(a) Each report, recommendation, or other communication, of an official nature, of an Executive agency which—
(1) relates to pending or proposed legislation which, if enacted, will entail an estimated annual expenditure of appropriated funds in excess of $1,000,000;
(2) is submitted or transmitted to Congress or a committee thereof in compliance with law or on the initiative of the appropriate authority of the executive branch; and
(3) officially proposes or recommends the creation or expansion, either by action of Congress or by administrative action, of a function, activity, or authority of the Executive agency to be in addition to those functions, activities, and authorities thereof existing when the report, recommendation, or other communication is so submitted or transmitted;
shall contain a statement, concerning the Executive agency, for each of the first 5 fiscal years during which each additional or expanded function, activity, or authority so proposed or recommended is to be in effect, setting forth the following information—
(A) the estimated maximum additional—
(i) man-years of civilian employment, by general categories of positions;
(ii) expenditures for personal services; and
(iii) expenditures for all purposes other than personal services;
which are attributable to the function, activity, or authority and which will be required to be effected by the Executive agency in connection with the performance thereof; and
(B) such other statement, discussion, explanation, or other information as is considered advisable by the appropriate authority of the executive branch or that is required by Congress or a committee thereof.
(b) Subsection (a) of this section does not apply to—
(1) the Central Intelligence Agency;
(2) a Government controlled corporation; or
(3) the General Accounting Office.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 25, 1956, ch. 730, §1, |
In subsection (a), the words, "Executive agency" are substituted for "department, agency, or independent establishment of the executive branch of the Federal Government (including any corporation wholly owned by the United States)" in view of the definition of "Executive agency" in section 105. The exception of "a Government controlled corporation" is subsection (b) (2) is added to preserve the application to corporations wholly owned by the United States.
The exception of "the General Accounting Office" in subsection (b)(3) is added to preserve application to the executive branch.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§2954. Information to committees of Congress on request
An Executive agency, on request of the Committee on Government Operations of the House of Representatives, or of any seven members thereof, or on request of the Committee on Governmental Affairs of the Senate, or any five members thereof, shall submit any information requested of it relating to any matter within the jurisdiction of the committee.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
May 29, 1928, ch. 901, §2, |
The words "Executive agency" are substituted for "executive department and independent establishment" in view of the definition of "Executive agency" in section 105.
The words "Committee on Government Operations of the House of Representatives" are substituted for "Committee on Expenditures in the Executive Departments of the House of Representatives" on authority of H. Res. 647 of the 82d Congress, adopted July 3, 1952.
The words "Committee on Government Operations of the Senate" are substituted for "Committee on Expenditures in the Executive Departments of the Senate" on authority of S. Res. 280 of the 82d Congress, adopted Mar. 3, 1952.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1994—
Change of Name
Committee on Government Operations of House of Representatives treated as referring to Committee on Government Reform and Oversight of House of Representatives by section 1(a) of
Subpart B—Employment and Retention
CHAPTER 31 —AUTHORITY FOR EMPLOYMENT
SUBCHAPTER I—EMPLOYMENT AUTHORITIES
SUBCHAPTER II—THE SENIOR EXECUTIVE SERVICE
SUBCHAPTER III—THE FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE
Amendments
1997—
1995—
1988—
1980—
1978—
1967—
SUBCHAPTER I—EMPLOYMENT AUTHORITIES
Amendments
1979—
§3101. General authority to employ
Each Executive agency, military department, and the government of the District of Columbia may employ such number of employees of the various classes recognized by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §169. | ||
Sept. 21, 1944, ch. 412, §709, |
The authorization is restated to conform to the style of this title. The word "Executive agency" are substituted for "executive department, independent establishment" in view of the definitions in sections 103, 104, and 105. The source statute (an act to authorize the appointment of employees in the executive branch etc.) applied to the entire executive branch, and government corporations as well as other agencies in the executive branch were included within the words "independent establishment". The words "or a military department" are inserted to preserve the application of the source statute. Before enactment of the National Security Act Amendments of 1949 (
This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Reduction of Federal Full-Time Equivalent Positions
"(a)
"(b)
"(1) 2,084,600 during fiscal year 1994;
"(2) 2,043,300 during fiscal year 1995;
"(3) 2,003,300 during fiscal year 1996;
"(4) 1,963,300 during fiscal year 1997;
"(5) 1,922,300 during fiscal year 1998; and
"(6) 1,882,300 during fiscal year 1999.
"(c)
"(1) continuously monitor all agencies and make a determination on the first date of each quarter of each applicable fiscal year of whether the requirements under subsection (b) are met; and
"(2) notify the President and the Congress on the first date of each quarter of each applicable fiscal year of any determination that any requirement of subsection (b) is not met.
"(d)
"(e)
"(1)
"(A) the existence of a state of war or other national security concern so requires; or
"(B) the existence of an extraordinary emergency threatening life, health, safety, property, or the environment so requires.
"(2)
"(A) Subsection (d) may be waived, in the case of a particular position or category of positions in an agency, upon a determination of the President that the efficiency of the agency or the performance of a critical agency mission so requires.
"(B) Whenever the President grants a waiver pursuant to subparagraph (A), the President shall take all necessary actions to ensure that the overall limitations set forth in subsection (b) are not exceeded.
"(f)
"(1)
"(2)
"(3)
"(A)
"(i) paragraph (1) shall apply to vacancies created in such agency; and
"(ii) the reductions required pursuant to clause (i) shall be made in the number of funded employee positions in such agency.
"(B)
"(C)
"(g)
Limitation on Number of Civilian Employees in Executive Branch
Freeze on Hiring of Federal Civilian Employees
Memorandum of the President of the United States, dated Jan. 20, 1981, 46 F.R. 9907, provided for a freeze on the hiring of Federal civilian employees in the executive branch.
Citizenship Requirement for Employees Compensated From Appropriated Funds
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see
Similar provisions were contained in the following prior appropriation acts:
June 13, 1956, ch. 385, title II, §202,
June 29, 1955, ch. 226, title II, §202,
Aug. 26, 1954, ch. 935, Ch. XIII, §1302,
Aug. 7, 1953, ch. 340, Ch. XIII, §1302,
July 15, 1952, ch. 758, Ch. XIV, §1402,
Nov. 1, 1951, ch. 664, Ch. XIII, §1302,
Sept. 6, 1950, ch. 897, Ch. XII, §1202,
Aug. 24, 1949, ch. 506, title III, §302,
Apr. 20, 1948, ch. 219, title II, §202,
July 30, 1947, ch. 359, title II, §202,
Mar. 28, 1946, ch. 113, title II, §206,
May 3, 1945, ch. 106, title II, §206,
June 27, 1944, ch. 286, title II, §205,
June 26, 1943, ch. 145, title II, §205,
Citizenship requirement for permanent officers and employees of Census Bureau, see
Exceptions to citizenship requirement for—
Department of Defense personnel, see
Department of State employees, see
Department of the Navy personnel, see
Library of Congress positions, see
National Aeronautics and Space Administration employees, see
Employment of Personnel During National Emergency Proclaimed on Dec. 16, 1950
Section 1310 of act Nov. 1, 1951, ch. 664, Ch. XIII,
Ex. Ord. No. 12839. Reduction of 100,000 Federal Positions
Ex. Ord. No. 12839, Feb. 10, 1993, 58 F.R. 8515, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in title 3 section 107; title 10 section 10216; title 25 section 2a.
§3102. Employment of personal assistants for handicapped employees, including blind and deaf employees
(a) For the purpose of this section—
(1) "agency" means—
(A) an Executive agency; and
(B) the Library of Congress;
(2) "handicapped employee" means an individual employed by an agency who is blind or deaf or who otherwise qualifies as a handicapped individual within the meaning of section 501 of the Rehabilitation Act of 1973 (
(3) "nonprofit organization" means an organization determined by the Secretary of the Treasury to be an organization described in section 501(c) of the Internal Revenue Code of 1986 (
(b)(1) The head of each agency may employ one or more personal assistants who the head of the agency determines are necessary to enable a handicapped employee of that agency to perform the employee's official duties and who shall serve without pay from the agency without regard to—
(A) the provisions of this title governing appointment in the competitive service;
(B)
(C)
Such employment may include the employing of a reading assistant or assistants for a blind employee or an interpreting assistant or assistants for a deaf employee.
(2) A personal assistant, including a reading or interpreting assistant, employed under this subsection may receive pay for services performed by the assistant from the handicapped employee or a nonprofit organization, without regard to
(c) The head of each agency may also employ or assign one or more personal assistants who the head of the agency determines are necessary to enable a handicapped employee of that agency to perform the employee's official duties. Such employment may include the employing of a reading assistant or assistants for a blind employee or an interpreting assistant or assistants for a deaf employee.
(d)(1) In the case of any handicapped employee (including a blind or deaf employee) traveling on official business, the head of the agency may authorize the payment to an individual to accompany or assist (or both) the handicapped employee for all or a portion of the travel period involved. Any payment under this subsection to such an individual may be made either directly to that individual or by advancement or reimbursement to the handicapped employee.
(2) With respect to any individual paid to accompany or assist a handicapped employee under paragraph (1) of this subsection—
(A) the amount paid to that individual shall not exceed the limit or limits which the Office of Personnel Management shall prescribe by regulation to ensure that the payment does not exceed amounts (including pay and, if appropriate, travel expenses and per diem allowances) which could be paid to an employee assigned to accompany or assist the handicapped employee; and
(B) that individual shall be considered an employee, but only for purposes of
(e) This section may not be held or considered to prevent or limit in any way the assignment to a handicapped employee (including a blind or deaf employee) by an agency of clerical or secretarial assistance, at the expense of the agency under statutes and regulations currently applicable at the time, if that assistance normally is provided, or authorized to be provided, in that manner under currently applicable statutes and regulations.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 29, 1962, |
In subsection (a)(1), the word "agency" is substituted for "department". The words "Executive agency" are coextensive with and substituted for "each executive department of the Federal Government, each agency or independent establishment in the executive branch of such Government, each corporation wholly owned or controlled by such Government, and the General Accounting Office" in view of the definition of "Executive agency" in section 105.
In subsection (a)(3), the words "individual employed" are substituted for "employee" so as to include individuals employed by the government of the District of Columbia who are not employees as defined by section 2105.
In subsection (b), the word "may" is substituted for "is authorized" and the words "in his discretion" are omitted as unnecessary in view of the permissive nature of the authority. The words "in the provisions of this title governing appointment in the competitive service" are substituted for "the civil service rules". The words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 501 of the Rehabilitation Act of 1973, referred to in subsec. (a)(2), is classified to
Amendments
1986—Subsec. (a)(3).
1982—Subsec. (b)(1)(C).
1980—
1979—Subsec. (a)(2).
1978—
Subsec. (a)(4), (5).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1968—Subsec. (a)(2).
Effective Date of 1980 Amendment
Section 3 of
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 28 section 604; title 38 section 7281; title 39 section 410.
§3103. Employment at seat of Government only for services rendered
An individual may be employed in the civil service in an Executive department at the seat of Government only for services actually rendered in connection with and for the purposes of the appropriation from which he is paid. An individual who violates this section shall be removed from the service.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 5, 1882, ch. 389, §4 (less 255th through 316th words), |
||
Aug. 23, 1912, ch. 350, §5 (so much as relates to removal), |
The words "civil officer, draughtsman, copyist, messenger, assistant messenger, mechanic, watchman, laborer, or other employee" are omitted as obsolete language and "individual" is substituted therefor. The words "in the civil service" are added to preserve the application of former section 46 to civilian employees. The words "or subordinate bureaus or offices thereof" are omitted as surplusage. The words "and at the rate of pay usual and proper for the services" are omitted as surplusage since all pay rates are governed by statute.
All after the 75th words of section 4 of the Act of Aug. 5, 1882, as amended by section 7(b) of the Act of Sept. 23, 1950, except the 255th through 316th words, are omitted as executed. The 255th through 296th words are scheduled for repeal as superseded (see Table II–b), and the 297th through 316th words are codified in section 5501. The Act of Aug. 15, 1876, ch. 287, §5,
In the last sentence, the word "removed" is substituted for "summarily removed" because of the provisions of the Lloyd-LaFollette Act,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Cross References
Provisions relating to compensation, see
Section Referred to in Other Sections
This section is referred to in title 18 section 1916.
§3104. Employment of specially qualified scientific and professional personnel
(a) The Director of the Office of Personnel Management may establish, and from time to time revise, the maximum number of scientific or professional positions for carrying out research and development functions which require the services of specially qualified personnel which may be established outside of the General Schedule. Any such position may be established by action of the Director or, under such standards and procedures as the Office prescribes (including procedures under which the prior approval of the Director may be required), by agency action.
(b) The provisions of subsection (a) of this section shall not apply to any Senior Executive Service position (as defined in
(c) In addition to the number of positions authorized by subsection (a) of this section, the Librarian of Congress may establish, without regard to the second sentence of subsection (a) of this section, not more than 8 scientific or professional positions to carry out the research and development functions of the Library of Congress which require the services of specially qualified personnel.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Oct. 4, 1961, Oct. 11, 1962, |
|
(b) | Oct. 4, 1961, |
|
(c) | Oct. 4, 1961, |
In subsection (a), the authority to fix pay is omitted and carried into section 5361.
In subsection (b), the words "subsequent to February 1, 1958" appearing in former section 1162(c) are omitted as obsolete.
The Act of Aug. 1, 1947, ch. 433,
June 24, 1948, ch. 624,
July 13, 1949, ch. 332,
July 31, 1956, ch. 804 §501(a),
Aug. 10, 1956, ch. 1041, §28,
June 20, 1958,
Sept. 23, 1959,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
3104(a)(5) | 5 App.: 1161(e). | July 5, 1966, |
The amendment to
The other amendments to
Amendments
1992—Subsec. (a).
1986—
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
1970—Subsec. (a)(5).
Effective Date of 1978 Amendment
Amendment by section 801(a)(3)(C) of
Amendment by section 414(a)(2)(B), (C) of
Effective Date of 1970 Amendment
Amendment by
Defense Advanced Research Projects Agency Experimental Personnel Management Program for Technical Personnel
"(a)
"(b)
"(1) appoint scientists and engineers from outside the civil service and uniformed services (as such terms are defined in
"(2) prescribe the rates of basic pay for positions to which employees are appointed under paragraph (1) at rates not in excess of the maximum rate of basic pay authorized for senior-level positions under
"(3) pay any employee appointed under paragraph (1) payments in addition to basic pay within the limit applicable to the employee under subsection (d)(1).
"(c)
"(2) The Secretary may, in the case of a particular employee, extend the period to which service is limited under paragraph (1) by up to 2 years if the Secretary determines that such action is necessary to promote the efficiency of the Defense Advanced Research Projects Agency.
"(d)
"(A) $25,000.
"(B) The amount equal to 25 percent of the employee's annual rate of basic pay.
"(C) The amount of the limitation that is applicable for a calendar year under
"(2) An employee appointed under subsection (b)(1) is not eligible for any bonus, monetary award, or other monetary incentive for service except for payments authorized under subsection (b)(3).
"(e)
"(2) After the termination of the program—
"(A) no appointment may be made under paragraph (1) of subsection (b);
"(B) a rate of basic pay prescribed under paragraph (2) of that subsection may not take effect for a position; and
"(C) no period of service may be extended under subsection (c)(1) [(c)(2)].
"(f)
"(1) the termination of the program does not terminate the employee's employment in that position before the expiration of the lesser of—
"(A) the period for which the employee was appointed; or
"(B) the period to which the employee's service is limited under subsection (c), including any extension made under paragraph (2) of that subsection before the termination of the program; and
"(2) the rate of basic pay prescribed for the position under subsection (b)(2) may not be reduced for so long (within the period applicable to the employee under paragraph (1)) as the employee continues to serve in the position without a break in service.
"(g)
"(2) The annual report shall contain, for the period covered by the report, the following:
"(A) A detailed discussion of the exercise of authority under this section.
"(B) The sources from which individuals appointed under subsection (b)(1) were recruited.
"(C) The methodology used for identifying and selecting such individuals.
"(D) Any additional information that the Secretary considers helpful for assessing the utility of the authority under this section."
FBI Personnel Management System for Non-Special Agent Employees; Secretary of the Treasury
"(a) Notwithstanding any other provision of law relating to position classification or employee pay or performance, during the 3-year period beginning on the date of enactment of this Act [Nov. 26, 1997], the Director of the Federal Bureau of Investigation may, with the approval of the Attorney General, establish a personnel management system providing for the compensation and performance management of not more than 3,000 non-Special Agent employees to fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Federal Bureau of Investigation.
"(b) Except as otherwise provided by law, no employee compensated under any system established under this section may be paid at a rate in excess of the rate payable for a position at level III of the Executive Schedule [
"(c) Total payments to employees under any system established under this section shall be subject to the limitation on payments to employees set forth in
"(d) Not later than 90 days after the date of enactment of this Act [Nov. 26, 1997], the Director of the Federal Bureau of Investigation shall submit to the Committees on Appropriations and the Committees on the Judiciary of the House of Representatives and the Senate, the Committee on Government Reform and Oversight [now Committee on Government Reform] of the House of Representatives, and the Committee on Governmental Affairs of the Senate, an operating plan describing the Director's intended use of the authority under this section, and identifying any provisions of
"(e) Any performance management system established under this section shall have not less than 2 levels of performance above a retention standard.
"(f) Not later than March 31, 2000, the Director of the Federal Bureau of Investigation shall submit to Congress an evaluation of the performance management system established under this section, which shall include—
"(1) a comparison of—
"(A) the compensation, benefits, and performance management provisions governing personnel of similar employment classification series in other departments and agencies of the Federal Government; and
"(B) the costs, consistent with standards prescribed in Office of Management and Budget Circular A–76, of contracting for any services provided through those departments and agencies; and
"(2) if appropriate, a recommendation for legislation to extend the authority under this section.
"(g)(1) Notwithstanding any other provision of law and subject to paragraph (2), the Secretary of the Treasury is authorized to establish, for a period of three years from date of enactment of this provision [Nov. 26, 1997], a personnel management demonstration project providing for the compensation and performance management of not more than a combined total of 950 employees who fill critical scientific, technical, engineering, intelligence analyst, language translator, and medical positions in the Bureau of Alcohol, Tobacco and Firearms, the United States Customs Service, and the United States Secret Service.
"(2) The provisions of subsections (b) through (f) and subsection (h) shall apply to the demonstration project authorized by paragraph (1) except that—
"(A) any reference in such subsections to the Director of the Federal Bureau of Investigation shall include a reference to the Secretary of the Treasury;
"(B) the operating plan required by subsection (d) shall be submitted not later than February 1, 1999 to the House and Senate Committees on Appropriations, the House Committee on Government Reform and Oversight [now House Committee on Government Reform], the Senate Committee on Governmental Affairs, the House Committee on Ways and Means, and the Senate Committee on Finance; and
"(C) the report required by subsection (f) shall be submitted not later than March 31, 2001.
"(h) The authority to establish a demonstration project under this section shall terminate on November 26, 2000."
Termination of Authority To Establish Scientific or Professional Positions Outside the General Schedule
Section 414(a)(2)(A) of
Section 415(a)(3) of
Limitations on Executive Positions Not To Apply to Individuals Occupying Those Positions on October 12, 1978
Section 414(a)(3) of
"(A) The provisions of paragraphs (1) and (2) of this subsection [amending
"(B) The Director—
"(i) in establishing under
"(ii) in establishing under section 3104 of such title 5 the maximum number of scientific or professional positions which may be established,
shall take into account positions to which subparagraph (A) of this paragraph applies."
[Section 415(a)(3) of
[References in laws to rates of pay for GS–16, 17, or 18, or to maximum rates of pay under General Schedule, to be considered references to rates payable under specified sections of this title, see section 529 [title I, §101(c)(1)] of
Cross References
Positions established under this section in the competitive service but without competitive examination, see
Section Referred to in Other Sections
This section is referred to in
§3105. Appointment of administrative law judges
Each agency shall appoint as many administrative law judges as are necessary for proceedings required to be conducted in accordance with
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 11, 1946, ch. 324, §11 (1st sentence), |
The words "Subject to the civil service" are omitted as unnecessary inasmuch as appointments are made subject to the civil service laws unless specifically excepted. The words "and other laws not inconsistent with this chapter" are omitted as unnecessary because of the organization of this title.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
References to Hearing Examiner Deemed References to Administrative Law Judge
Section 3 of
Hearing Examiners Employed by Department of Agriculture
Functions vested by
Hearing Examiners Employed by Department of Commerce
Functions vested by
Hearing Examiners Employed by Department of the Interior
Functions vested by
Hearing Examiners Employed by Department of Justice
Functions vested by
Hearing Examiners Employed by Department of Labor
Functions vested by
Hearing Examiners Employed by Department of the Treasury
Functions vested by
Hearing Examiners Appointed for Indian Probate Work
Hearing examiners appointed for Indian probate work pursuant to former
Cross References
Additional requirements imposed by statute or otherwise recognized by law not limited or repealed by this section, see
Communications Act, joint boards as having the same jurisdiction and powers as is conferred upon examiner by this section, see
Compensation, see
Matters involving selection or tenure of employees exempt from application of adjudicatory provisions of
Office of Personnel Management, investigations, reports, and regulations for purposes of this section as relating to administrative law judges, see
Removal, see
Subsequent statutes to be held to supersede or modify this section only to the extent that they do so expressly, see
Use of administrative law judges from other agencies in case of temporary or occasional insufficiency in an agency, see
Section Referred to in Other Sections
This section is referred to in
§3106. Employment of attorneys; restrictions
Except as otherwise authorized by law, the head of an Executive department or military department may not employ an attorney or counsel for the conduct of litigation in which the United States, an agency, or employee thereof is a party, or is interested, or for the securing of evidence therefor, but shall refer the matter to the Department of Justice. This section does not apply to the employment and payment of counsel under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §189. Sept. 2, 1958, |
||
R.S. §365. Sept. 2, 1958, |
Sections 189 and 365 of the Revised Statutes, as amended, are combined and the section is revised to express the effect of the law since department heads have long employed, with the approval of Congress, attorneys to advise them in the conduct of their official duties. The law which concentrates the authority for the conduct of litigation in the Department of Justice is codified in
The words "Executive department" are substituted for "department" as the definition of "department" applicable to R.S. §189 is coextensive with the definition of "Executive department" in section 101. The words "or military department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
R.S. §189 was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 1, 1949, ch. 412, §4,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 22 section 2698.
§3107. Employment of publicity experts; restrictions
Appropriated funds may not be used to pay a publicity expert unless specifically appropriated for that purpose.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 22, 1913, ch. 32, §1 (last par. under "Interstate Commerce Commission"), |
The prohibition is restated in positive form.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§3108. Employment of detective agencies; restrictions
An individual employed by the Pinkerton Detective Agency, or similar organization, may not be employed by the Government of the United States or the government of the District of Columbia.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Mar. 3, 1893, ch. 208 (5th par. under "Public Buildings"), |
The prohibition is restated in positive form.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§3109. Employment of experts and consultants; temporary or intermittent
(a) For the purpose of this section—
(1) "agency" has the meaning given it by
(2) "appropriation" includes funds made available by statute under
(b) When authorized by an appropriation or other statute, the head of an agency may procure by contract the temporary (not in excess of 1 year) or intermittent services of experts or consultants or an organization thereof, including stenographic reporting services. Services procured under this section are without regard to—
(1) the provisions of this title governing appointment in the competitive service;
(2)
(3)
However, an agency subject to
(c) Positions in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service may not be filled under the authority of subsection (b) of this section.
(d) The Office of Personnel Management shall prescribe regulations necessary for the administration of this section. Such regulations shall include—
(1) criteria governing the circumstances in which it is appropriate to employ an expert or consultant under the provisions of this section;
(2) criteria for setting the pay of experts and consultants under this section; and
(3) provisions to ensure compliance with such regulations.
(e) Each agency shall report to the Office of Personnel Management on an annual basis with respect to—
(1) the number of days each expert or consultant employed by the agency during the period was so employed; and
(2) the total amount paid by the agency to each expert and consultant for such work during the period.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 2, 1946, ch. 744, §15, |
In subsection (a), the definitions of "agency" and "appropriation" are added on authority of the Act of Aug. 2, 1946, ch. 744, §18,
In subsection (b), the words "the provisions of this title governing appointment in the competitive service" are substituted for "the civil-service laws". The words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1992—Subsecs. (d), (e).
1988—Subsec. (c).
1982—Subsec. (a)(2).
1978—Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
Appropriations Relating to Labor, Health and Human Services, and Education; Public Disclosure of Consulting Service Through Procurement Contract
Similar provisions were contained in the following prior appropriation acts:
Availability of Appropriations for Services
Similar provisions were contained in the following prior appropriation acts:
Appropriations Relating to Energy and Water Development; Public Disclosure of Consulting Service Through Procurement Contract
Cross References
Travel expenses of consultants or experts, see
Section Referred to in Other Sections
This section is referred to in
§3110. Employment of relatives; restrictions
(a) For the purpose of this section—
(1) agency means—
(A) an Executive agency;
(B) an office, agency, or other establishment in the legislative branch;
(C) an office, agency, or other establishment in the judicial branch; and
(D) the government of the District of Columbia;
(2) "public official" means an officer (including the President and a Member of Congress), a member of the uniformed service, an employee and any other individual, in whom is vested the authority by law, rule, or regulation, or to whom the authority has been delegated, to appoint, employ, promote, or advance individuals, or to recommend individuals for appointment, employment, promotion, or advancement in connection with employment in an agency; and
(3) "relative" means, with respect to a public official, an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister.
(b) A public official may not appoint, employ, promote, advance, or advocate for appointment, employment, promotion, or advancement, in or to a civilian position in the agency in which he is serving or over which he exercises jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a civilian position in an agency if such appointment, employment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction or control over the agency, who is a relative of the individual.
(c) An individual appointed, employed, promoted, or advanced in violation of this section is not entitled to pay, and money may not be paid from the Treasury as pay to an individual so appointed, employed, promoted, or advanced.
(d) The Office of Personnel Management may prescribe regulations authorizing the temporary employment, in the event of emergencies resulting from natural disasters or similar unforeseen events or circumstances, of individuals whose employment would otherwise be prohibited by this section.
(e) This section shall not be construed to prohibit the appointment of an individual who is a preference eligible in any case in which the passing over of that individual on a certificate of eligibles furnished under
(Added
Amendments
1978—Subsec. (d).
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section 220(a)(1) of title II of
Retroactive Effect
Section 221(c) of
[Section 221(c) of
Section Referred to in Other Sections
This section is referred to in
§3111. Acceptance of volunteer service
(a) For the purpose of this section, "student" means an individual who is enrolled, not less than half-time, in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. An individual who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if such individual shows to the satisfaction of the Office of Personnel Management that the individual has a bona fide intention of continuing to pursue a course of study or training in the same or different educational institution during the school semester (or other period into which the school year is divided) immediately after the interim.
(b) Notwithstanding
(1) is performed by a student, with the permission of the institution at which the student is enrolled, as part of an agency program established for the purpose of providing educational experiences for the student;
(2) is to be uncompensated; and
(3) will not be used to displace any employee.
(c)(1) Except as provided in paragraph (2), any student who provides voluntary service under subsection (b) of this section shall not be considered a Federal employee for any purpose other than for purposes of
(2) In addition to being considered a Federal employee for the purposes specified in paragraph (1), any student who provides voluntary service as part of a program established under subsection (b) of this section in the Internal Revenue Service, Department of the Treasury, shall be considered an employee of the Department of the Treasury for purposes of—
(A)
(B) subsections (a)(1), (h)(1), (k)(6), and (l)(4) of
(C)
(D)
except that returns and return information (as defined in
(Added
Amendments
1983—Subsec. (c)(1).
Subsec. (c)(2).
1982—Subsec. (b).
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
§3112. Disabled veterans; noncompetitive appointment
Under such regulations as the Office of Personnel Management shall prescribe, an agency may make a noncompetitive appointment leading to conversion to career or career-conditional employment of a disabled veteran who has a compensable service-connected disability of 30 percent or more.
(Added
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
§3113. Restriction on reemployment after conviction of certain crimes
An employee shall be separated from service and barred from reemployment in the Federal service, if—
(1) the employee is convicted of a violation of
(2) such violation related to conduct prohibited under section 1010(a) of the Controlled Substances Import and Export Act (
(Added
Effective Date
Section 638(c) of
SUBCHAPTER II—THE SENIOR EXECUTIVE SERVICE
Subchapter Referred to in Other Sections
This subchapter is referred to in title 7 section 16; title 38 section 7425.
§3131. The Senior Executive Service
It is the purpose of this subchapter to establish a Senior Executive Service to ensure that the executive management of the Government of the United States is responsive to the needs, policies, and goals of the Nation and otherwise is of the highest quality. The Senior Executive Service shall be administered so as to—
(1) provide for a compensation system, including salaries, benefits, and incentives, and for other conditions of employment, designed to attract and retain highly competent senior executives;
(2) ensure that compensation, retention, and tenure are contingent on executive success which is measured on the basis of individual and organizational performance (including such factors as improvements in efficiency, productivity, quality of work or service, cost efficiency, and timeliness of performance and success in meeting equal employment opportunity goals);
(3) assure that senior executives are accountable and responsible for the effectiveness and productivity of employees under them;
(4) recognize exceptional accomplishment;
(5) enable the head of an agency to reassign senior executives to best accomplish the agency's mission;
(6) provide for severance pay, early retirement, and placement assistance for senior executives who are removed from the Senior Executive Service for nondisciplinary reasons;
(7) protect senior executives from arbitrary or capricious actions;
(8) provide for program continuity and policy advocacy in the management of public programs;
(9) maintain a merit personnel system free of prohibited personnel practices;
(10) ensure accountability for honest, economical, and efficient Government;
(11) ensure compliance with all applicable civil service laws, rules, and regulations, including those related to equal employment opportunity, political activity, and conflicts of interest;
(12) provide for the initial and continuing systematic development of highly competent senior executives;
(13) provide for an executive system which is guided by the public interest and free from improper political interference; and
(14) appoint career executives to fill Senior Executive Service positions to the extent practicable, consistent with the effective and efficient implementation of agency policies and responsibilities.
(Added
References in Text
The civil service laws, referred to in par. (11), are set out in this title. See, particularly,
Effective Date
Section 415 of title IV of
"(a)(1) The provisions of this title, other than sections 413 and 414(a) [enacting this subchapter and
"(2) The provisions of
"(3) The provisions of
"(b)(1) The amendments made by
"(2) The continuity of a session is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than 3 days to a day certain are excluded in the computation of the 60-day period.
"(3) The provisions of subsections (d), (e), (f), (g), (h), (i), (j), and (k) of
"(4) During the 5-year period referred to in paragraph (1) of this subsection, the Director of the Office of Personnel Management shall include in each report required under
Congressional Findings Respecting Continuation of Senior Executive Service
Section Referred to in Other Sections
This section is referred to in
§3132. Definitions and exclusions
(a) For the purpose of this subchapter—
(1) "agency" means an Executive agency, except a Government corporation and the General Accounting Office, but does not include—
(A) any agency or unit thereof excluded from coverage by the President under subsection (c) of this section; or
(B) the Federal Bureau of Investigation, the Drug Enforcement Administration, the Central Intelligence Agency, the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Security Agency, Department of Defense intelligence activities the civilian employees of which are subject to
(C) the Federal Election Commission; or
(D) the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal Housing Finance Board, the Resolution Trust Corporation, the Farm Credit Administration, the Office of Federal Housing Enterprise Oversight of the Department of Housing and Urban Development, and the National Credit Union Administration;
(2) "Senior Executive Service position" means any position in an agency which is classified above GS–15 pursuant to section 5108 or in level IV or V of the Executive Schedule, or an equivalent position, which is not required to be filled by an appointment by the President by and with the advice and consent of the Senate, and in which an employee—
(A) directs the work of an organizational unit;
(B) is held accountable for the success of one or more specific programs or projects;
(C) monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to such goals;
(D) supervises the work of employees other than personal assistants; or
(E) otherwise exercises important policy-making, policy-determining, or other executive functions;
but does not include—
(i) any position in the Foreign Service of the United States; or
(ii) an administrative law judge position under
(3) "senior executive" means a member of the Senior Executive Service;
(4) "career appointee" means an individual in a Senior Executive Service position whose appointment to the position or previous appointment to another Senior Executive Service position was based on approval by the Office of Personnel Management of the executive qualifications of such individual;
(5) "limited term appointee" means an individual appointed under a nonrenewable appointment for a term of 3 years or less to a Senior Executive Service position the duties of which will expire at the end of such term;
(6) "limited emergency appointee" means an individual appointed under a nonrenewable appointment, not to exceed 18 months, to a Senior Executive Service position established to meet a bona fide, unanticipated, urgent need;
(7) "noncareer appointee" means an individual in a Senior Executive Service position who is not a career appointee, a limited term appointee, or a limited emergency appointee;
(8) "career reserved position" means a position which is required to be filled by a career appointee and which is designated under subsection (b) of this section; and
(9) "general position" means any position, other than a career reserved position, which may be filled by either a career appointee, noncareer appointee, limited emergency appointee, or limited term appointee.
(b)(1) For the purpose of paragraph (8) of subsection (a) of this section, the Office shall prescribe the criteria and regulations governing the designation of career reserved positions. The criteria and regulations shall provide that a position shall be designated as a career reserved position only if the filling of the position by a career appointee is necessary to ensure impartiality, or the public's confidence in the impartiality, of the Government. The head of each agency shall be responsible for designating career reserved positions in such agency in accordance with such criteria and regulations.
(2) The Office shall periodically review general positions to determine whether the positions should be designated as career reserved. If the Office determines that any such position should be so designated, it shall order the agency to make the designation.
(3) Notwithstanding the provisions of any other law, any position to be designated as a Senior Executive Service position (except a position in the Executive Office of the President) which—
(A) is under the Executive Schedule, or for which the rate of basic pay is determined by reference to the Executive Schedule, and
(B) on the day before the date of the enactment of the Civil Service Reform Act of 1978 was specifically required under
shall be designated as a career reserved position if the position entails direct responsibility to the public for the management or operation of particular government programs or functions.
(4) Not later than March 1 of each year, the head of each agency shall publish in the Federal Register a list of positions in the agency which were career reserved positions during the preceding calendar year.
(c) An agency may file an application with the Office setting forth reasons why it, or a unit thereof, should be excluded from the coverage of this subchapter. The Office shall—
(1) review the application and stated reasons,
(2) undertake a review to determine whether the agency or unit should be excluded from the coverage of this subchapter, and
(3) upon completion of its review, recommend to the President whether the agency or unit should be excluded from the coverage of this subchapter.
If the Office recommends that an agency or unit thereof be excluded from the coverage of this subchapter, the President may, on written determination, make the exclusion for the period determined by the President to be appropriate.
(d) Any agency or unit which is excluded from coverage under subsection (c) of this section shall make a sustained effort to bring its personnel system into conformity with the Senior Executive Service to the extent practicable.
(e) The Office may at any time recommend to the President that any exclusion previously granted to an agency or unit thereof under subsection (c) of this section be revoked. Upon recommendation of the Office, the President may revoke, by written determination, any exclusion made under subsection (c) of this section.
(f) If—
(1) any agency is excluded under subsection (c) of this section, or
(2) any exclusion is revoked under subsection (e) of this section,
the Office shall, within 30 days after the action, transmit to the Congress written notice of the exclusion or revocation.
(Added
References in Text
Level IV or V of the Executive Schedule, referred to in subsec. (a)(2), are set out in
The date of the enactment of the Civil Service Reform Act of 1978, referred to in subsec. (b)(3), is the date of the enactment of
Amendments
1996—Subsec. (a)(1)(B).
1994—Subsec. (a)(1)(B).
1992—Subsec. (a)(1)(B).
Subsec. (a)(1)(D).
1990—Subsec. (a)(1)(D).
Subsec. (a)(2).
1989—Subsec. (a)(1)(D).
1988—Subsec. (a)(1)(B).
Subsec. (a)(2)(iii).
1980—Subsec. (a)(1)(C).
1979—Subsec. (a)(1)(B).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3133. Authorization of positions; authority for appointment
(a) During each even-numbered calendar year, each agency shall—
(1) examine its needs for Senior Executive Service positions for each of the 2 fiscal years beginning after such calendar year; and
(2) submit to the Office of Personnel Management a written request for a specific number of Senior Executive Service positions for each of such fiscal years.
(b) Each agency request submitted under subsection (a) of this section shall—
(1) be based on the anticipated type and extent of program activities and budget requests of the agency for each of the 2 fiscal years involved, and such other factors as may be prescribed from time to time by the Office; and
(2) identify, by position title, positions which are proposed to be designated as or removed from designation as career reserved positions, and set forth justifications for such proposed actions.
(c) The Office of Personnel Management, in consultation with the Office of Management and Budget, shall review the request of each agency and shall authorize, for each of the 2 fiscal years covered by requests required under subsection (a) of this section, a specific number of Senior Executive Service positions for each agency.
(d)(1) The Office of Personnel Management may, on a written request of an agency or on its own initiative, make an adjustment in the number of positions authorized for any agency. Each agency request under this paragraph shall be submitted in such form, and shall be based on such factors, as the Office shall prescribe.
(2) The total number of positions in the Senior Executive Service may not at any time during any fiscal year exceed 105 percent of the total number of positions authorized under subsection (c) of this section for such fiscal year.
(e)(1) Not later than July 1, 1979, and from time to time thereafter as the Director of the Office of Personnel Management finds appropriate, the Director shall establish, by rule issued in accordance with
(2) The Director may, by rule, designate a number of career reserved positions which is less than the number required by paragraph (1) of this subsection only if the Director determines such lesser number necessary in order to designate as general positions one or more positions (other than positions described in
(A) involve policymaking responsibilities which require the advocacy or management of programs of the President and support of controversial aspects of such programs;
(B) involve significant participation in the major political policies of the President; or
(C) require the senior executives in the positions to serve as personal assistants of, or advisers to, Presidential appointees.
The Director shall provide a full explanation for his determination in each case.
(Added
References in Text
Section 413 of the Civil Service Reform Act of 1978, referred to in subsec. (e)(1), is set out as a note below.
The date of such Act, referred to in subsec. (e)(1), probably means Oct. 13, 1978, the date of the enactment of the Civil Service Reform Act of 1978.
Conversion to Senior Executive Service
Section 413 of
"(a) For the purpose of this section, 'agency', 'Senior Executive Service position', 'career appointee', 'career reserved position', 'limited term appointee', 'noncareer appointee', and 'general position' have the meanings set forth in
"(b)(1) Under the guidance of the Office of Personnel Management, each agency shall—
"(A) designate those positions which it considers should be Senior Executive Service positions and designate which of those positions it considers should be career reserved positions; and
"(B) submit to the Office a written request for—
"(i) a specific number of Senior Executive Service positions; and
"(ii) authority to employ a specific number of noncareer appointees.
"(2) The Office of Personnel Management shall review the designations and requests of each agency under paragraph (1) of this subsection, and shall establish interim authorizations in accordance with
"(c)(1) Each employee serving in a position at the time it is designated as a Senior Executive Service position under subsection (b) of this section shall elect to—
"(A) decline conversion and be appointed to a position under such employee's current type of appointment and pay system, retaining the grade, seniority, and other rights and benefits associated with such type of appointment and pay system; or
"(B) accept conversion and be appointed to a Senior Executive Service position in accordance with the provisions of subsections (d), (e), (f), (g), and (h) of this section.
The appointment of an employee in an agency because of an election under subparagraph (A) of this paragraph shall not result in the separation or reduction in grade of any other employee in such agency.
"(2) Any employee in a position which has been designated a Senior Executive Service position under this section shall be notified in writing of such designation, the election required under paragraph (1) of this subsection, and the provisions of subsections (d), (e), (f), (g), and (h) of this section. The employee shall be given 90 days from the date of such notification to make the election under paragraph (1) of this subsection.
"(d) Each employee who has elected to accept conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section and who is serving under—
"(1) a career or career-conditional appointment; or
"(2) a similar type of appointment in an excepted service position, as determined by the Office;
in a position which is designated as a Senior Executive Service position shall be appointed as a career appointee to such Senior Executive Service position without regard to section 3393(b)–(e) of
"(e) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section and who is serving under an excepted appointment in a position which is not designated a career reserved position in the Senior Executive Service, but is—
"(1) a position in Schedule C of subpart C of part 213 of title 5, Code of Federal Regulations;
"(2) a position filled by noncareer executive assignment under subpart F of part 305 of title 5, Code of Federal Regulations; or
"(3) a position in the Executive Schedule under subchapter II of
shall be appointed as a noncareer appointee to a Senior Executive Service position.
"(f) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section, who is serving in a position described in paragraph (1), (2), or (3) of subsection (e) of this section, and whose position is designated as a career reserved position under subsection (b) of this section shall be appointed as a noncareer appointee to an appropriate general position in the Senior Executive Service or shall be separated.
"(g) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section, who is serving in a position described in paragraph (1), (2), or (3) of subsection (e) of this section, and whose position is designated as a Senior Executive Service position and who has reinstatement eligibility to a position in the competitive service, may, on request to the Office, be appointed as a career appointee to a Senior Executive Service position. The name of, and basis for reinstatement eligibility for, each employee appointed as a career appointee under this subsection shall be published in the Federal Register.
"(h) Each employee who has elected conversion to a Senior Executive Service position under subsection (c)(1)(B) of this section and who is serving under a limited executive assignment under subpart F of part 305 of title 5, Code of Federal Regulations, shall—
"(1) be appointed as a limited term appointee to a Senior Executive Service position if the position then held by such employee will terminate within 3 years of the date of such appointment;
"(2) be appointed as a noncareer appointee to a Senior Executive Service position if the position then held by such employee is designated as a general position; or
"(3) be appointed as a noncareer appointee to a general position if the position then held by such employee is designated as a career reserved position.
"(i) The rate of basic pay for any employee appointed to a Senior Executive Service position under this section shall be greater than or equal to the rate of basic pay payable for the position held by such employee at the time of such appointment.
"(j) Any employee who is aggrieved by any action by any agency under this section is entitled to appeal to the Merit Systems Protection Board under
"(k) The Office shall prescribe regulations to carry out the purpose of this section."
Section 415(a)(2) of
Cross References
Inspector General as "appointing authority" for members or positions within Senior Executive Service within office of an Inspector General, see Inspector General Act of 1978, §6(d), set out in the Appendix to this title.
Section Referred to in Other Sections
This section is referred to in
§3134. Limitations on noncareer and limited appointments
(a) During each calendar year, each agency shall—
(1) examine its needs for employment of noncareer appointees for the fiscal year beginning in the following year; and
(2) submit to the Office of Personnel Management, in accordance with regulations prescribed by the Office, a written request for authority to employ a specific number of noncareer appointees for such fiscal year.
(b) The number of noncareer appointees in each agency shall be determined annually by the Office on the basis of demonstrated need of the agency. The total number of noncareer appointees in all agencies may not exceed 10 percent of the total number of Senior Executive Service positions in all agencies.
(c) Subject to the 10 percent limitation of subsection (b) of this section, the Office may adjust the number of noncareer positions authorized for any agency under subsection (b) of this section if emergency needs arise that were not anticipated when the original authorizations were made.
(d) The number of Senior Executive Service positions in any agency which are filled by noncareer appointees may not at any time exceed the greater of—
(1) 25 percent of the total number of Senior Executive Service positions in the agency; or
(2) the number of positions in the agency which were filled on the date of the enactment of the Civil Service Reform Act of 1978 by—
(A) noncareer executive assignments under subpart F of part 305 of title 5, Code of Federal Regulations, as in effect on such date, or
(B) appointments to level IV or V of the Executive Schedule which were not required on such date to be made by and with the advice and consent of the Senate.
This subsection shall not apply in the case of any agency having fewer than 4 Senior Executive Service positions.
(e) The total number of limited emergency appointees and limited term appointees in all agencies may not exceed 5 percent of the total number of Senior Executive Service positions in all agencies.
(Added
References in Text
The date of enactment of the Civil Service Reform Act of 1978, referred to in subsec. (d)(2), is the date of enactment of
Level IV or V of the Executive Schedule, referred to in subsec. (d)(2)(B), are set out in
Section Referred to in Other Sections
This section is referred to in title 20 section 3461; title 38 section 709.
[§3135. Repealed. Pub. L. 104–66, title II, §2181(a)(1), Dec. 21, 1995, 109 Stat. 732 ]
Section, added
§3136. Regulations
The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
(Added
SUBCHAPTER III—THE FEDERAL BUREAU OF INVESTIGATION AND DRUG ENFORCEMENT ADMINISTRATION SENIOR EXECUTIVE SERVICE
§3151. The Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service
(a) The Attorney General may by regulation establish a personnel system for senior personnel within the Federal Bureau of Investigation and the Drug Enforcement Administration to be known as the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service (hereinafter in this subchapter referred to as the "FBI–DEA Senior Executive Service"). The regulations establishing the FBI–DEA Senior Executive Service shall—
(1) meet the requirements set forth in section 3131 for the Senior Executive Service;
(2) provide that positions in the FBI–DEA Senior Executive Service meet requirements that are consistent with the provisions of section 3132(a)(2);
(3) provide rates of pay for the FBI–DEA Senior Executive Service that are not in excess of the maximum rate or less than the minimum rate of basic pay established for the Senior Executive Service under section 5382 and that are adjusted at the same time and to the same extent as rates of basic pay for the Senior Executive Service are adjusted;
(4) provide a performance appraisal system for the FBI–DEA Senior Executive Service that conforms to the provisions of subchapter II of
(5) provide for—
(A) removal consistent with section 3592;
(B) reduction-in-force procedures consistent with section 3595(a), together with measures to ensure that a member of the FBI–DEA Senior Executive Service may not be removed due to a reduction in force unless reasonable efforts to place such member in another such position are first taken;
(C) procedures in accordance with which any furlough affecting the FBI–DEA Senior Executive Service shall be carried out;
(D) removal or suspension consistent with subsections (a), (b), and (c) of section 7543 (except that any hearing or appeal to which a member of the FBI–DEA Senior Executive Service is entitled shall be held or decided pursuant to procedures established by regulations of the Attorney General); and
(E) recertification consistent with section 3393a;
(6) permit the payment of performance awards to members of the FBI–DEA Senior Executive Service consistent with the provisions applicable to performance awards under section 5384; and
(7) provide that members of the FBI–DEA Senior Executive Service may be granted sabbatical leaves consistent with the provisions of section 3396(c).
(b)(1) Except as provided in subsection (a), the Attorney General may—
(A) make applicable to the FBI–DEA Senior Executive Service any of the provisions of this title applicable to applicants for or members of the Senior Executive Service; and
(B) appoint, promote, and assign individuals to positions established within the FBI–DEA Senior Executive Service without regard to the provisions of this title governing appointments and other personnel actions in the competitive service.
(2)(A) Notwithstanding any other provision of this section, an individual may not be selected for the FBI–DEA Senior Executive Service unless such individual is a career employee in the civil service.
(B) For the purpose of subparagraph (A), "career employee in the civil service" shall have such meaning as the Attorney General, in consultation with the Director of the Office of Personnel Management, by regulation prescribes.
(c) The President, based on the recommendations of the Attorney General, may award ranks to members of the FBI–DEA Senior Executive Service in a manner consistent with the provisions of section 4507.
(d) Notwithstanding any other provision of this section, the Attorney General may detail or assign any member of the FBI–DEA Senior Executive Service to serve in a position outside the Federal Bureau of Investigation or the Drug Enforcement Administration (as the case may be) in which the member's expertise and experience may be of benefit to the Federal Bureau of Investigation or the Drug Enforcement Administration (as the case may be) or another Government agency. Any such member shall not by reason of such detail or assignment lose any entitlement or status associated with membership in the FBI–DEA Senior Executive Service.
(e) The Attorney General shall each year submit to Congress, at the time the budget is submitted by the President to the Congress for the next fiscal year, a report on the FBI–DEA Senior Executive Service. The report shall include, in the aggregate and by agency—
(1) the number of FBI–DEA Senior Executive Service positions established as of the end of the preceding fiscal year;
(2) the number of individuals being paid at each rate of basic pay for the FBI–DEA Senior Executive Service as of the end of the preceding fiscal year;
(3) the number, distribution, and amount of awards paid to members of the FBI–DEA Senior Executive Service during the preceding fiscal year; and
(4) the number of individuals removed from the FBI–DEA Senior Executive Service during the preceding fiscal year—
(A) for less than fully successful performance;
(B) due to a reduction in force; or
(C) for any other reason.
(Added
References in Text
Provisions of this title governing appointments and other personnel actions in the competitive service, referred to in subsec. (b)(1)(B), are classified generally to
Amendments
1989—Subsec. (a)(5)(E).
Effective Date of 1989 Amendment
Section 506(d) of
Section Referred to in Other Sections
This section is referred to in
§3152. Limitation on pay
Members of the FBI–DEA Senior Executive Service shall be subject to the limitation under section 5307.
(Added
Amendments
1992—
CHAPTER 33 —EXAMINATION, SELECTION, AND PLACEMENT
SUBCHAPTER I—EXAMINATION, CERTIFICATION, AND APPOINTMENT
SUBCHAPTER II—OATH OF OFFICE
SUBCHAPTER III—DETAILS, VACANCIES, AND APPOINTMENTS
SUBCHAPTER IV—TRANSFERS
SUBCHAPTER V—PROMOTION
SUBCHAPTER VI—ASSIGNMENTS TO AND FROM STATES
SUBCHAPTER VII—AIR TRAFFIC CONTROLLERS
SUBCHAPTER VIII—APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE
Amendments
1998—
1996—
1995—
1993—
1992—
1990—
1989—
1988—
1985—
1979—
1978—
1975—
1972—
1971—
1970—
1967—
1966—
Chapter Referred to in Other Sections
This chapter is referred to in title 20 section 1018; title 31 section 3801; title 36 sections 510, 151307, 151707; title 42 sections 290aa, 2297b–4.
1 So in original. Does not conform to section catchline.
SUBCHAPTER I—EXAMINATION, CERTIFICATION, AND APPOINTMENT
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3301. Civil service; generally
The President may—
(1) prescribe such regulations for the admission of individuals into the civil service in the executive branch as will best promote the efficiency of that service;
(2) ascertain the fitness of applicants as to age, health, character, knowledge, and ability for the employment sought; and
(3) appoint and prescribe the duties of individuals to make inquiries for the purpose of this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §1753 (less last 16 words). |
The words "civil service in the executive branch" are substituted for "civil service of the United States" to confirm the grant of authority in view of the definition of "civil service" in section 2101. The word "will" is substituted for "may". The words "for the employment sought" are substituted for "for the branch of service into which he seeks to enter" as the latter are archaic since there are no "branches" within the executive branch. The word "applicant" is substituted for "candidate".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Short Title of 1998 Amendment
Short Title of 1991 Amendment
Temporary Measures To Facilitate Reemployment of Certain Displaced Federal Employees
"(a)
"(1) the term 'agency' means an Executive agency (as defined by
"(2) the term 'displaced employee' means any individual who is—
"(A) an employee of the Department of Defense who has been given specific notice that such employee is to be separated due to a reduction in force; or
"(B) a former employee of the Department of Defense who was involuntarily separated therefrom due to a reduction in force.
"(b)
"(c)
"(d)
"(A) became a displaced employee within the 12-month period ending immediately before the date of the enactment of this Act [Oct. 23, 1992]; or
"(B) becomes a displaced employee on or after the date of the enactment of this Act and before October 1, 1997.
"(2) In the case of a displaced employee described in paragraph (1)(A), for purposes of computing any period of time under subsection (c), the date of the specific notice described in subsection (a)(2)(A) (or, if the employee was separated as described in subsection (a)(2)(B) before the date of enactment of this Act, the date of separation) shall be deemed to have occurred on such date of enactment.
"(3) Nothing in this section shall be considered to apply with respect to any position—
"(A) which has been filled as of the date of enactment of this Act; or
"(B) which has been excepted from the competitive service because of its confidential, policy-determining, policy-making or policy-advocating character."
National Advisory Council on the Public Service
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'National Advisory Council on the Public Service Act of 1990'.
"SEC. 2. FINDINGS.
"The Congress finds that—
"(1) recognition of the services rendered by Federal employees (hereinafter in this Act referred to as 'national public service') should be accorded a high and continuing place on the national agenda;
"(2) the National Commission on the Public Service, through its good works, has documented the need for greater advocacy on behalf of those performing national public service;
"(3) although public service is an honorable profession, members of the public do not always perceive it favorably;
"(4) serious obstacles often hinder the Government's efforts to recruit and retain the best and the brightest for national public service;
"(5) just as the public has a right to expect Federal employees to adhere to the highest standards of excellence and ethicality, so Federal employees have a right to expect an atmosphere of trust and respect, and a sense of accomplishment from their work; and
"(6) an advisory council is needed to provide the President and the Congress with bipartisan, objective assessments of, and recommendations concerning, the Federal workforce.
"SEC. 3. ESTABLISHMENT.
"There shall be established a council to be known as the National Advisory Council on the Public Service (hereinafter in this Act referred to as the 'Council').
"SEC. 4. FUNCTIONS.
"The Council shall—
"(1) regularly assess the state of the Federal workforce;
"(2) in conjunction with the President, the Congress, and the Judiciary, seek to attract individuals of the highest caliber to careers involving national public service, and encourage them and others of similar distinction who are already part of the Federal workforce to make a continuing commitment to national public service;
"(3) promote better public understanding of the role of Federal employees in implementing Government programs and policies, and otherwise seek to improve the public perception of Federal employees;
"(4) encourage efforts to build student interest in performing national public service (whether those efforts are undertaken at the community level, in the classroom, or otherwise); and
"(5) develop methods for improving motivation and excellence among Federal employees.
"SEC. 5. MEMBERSHIP.
"(a)
"(1) 2 Members of the Senate, 1 of whom shall be appointed by the majority leader of the Senate and the other of whom shall be appointed by the minority leader of the Senate.
"(2) 2 Members of the House of Representatives, 1 of whom shall be appointed by the Speaker of the House of Representatives and the other of whom shall be appointed by the minority leader of the House of Representatives.
"(3) The Director of the Administrative Office of the United States Courts (or his delegate).
"(4) 10 individuals appointed by the President—
"(A) 4 of whom shall be chosen from among officers serving in the executive branch;
"(B) 1 of whom shall be chosen from among career employees in the civil service;
"(C) 1 of whom shall be a Federal employee who is a member of a labor organization (as defined by
"(D) 4 of whom shall be chosen from among members of the public who do not hold any Government office or position.
"(b)
"(c)
"(d)
"(e)
"(2) While serving away from their homes or regular places of business in the performance of duties for the Council, members shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as authorized by
"(f)
"(g)
"(h)
"SEC. 6. DIRECTOR AND STAFF; EXPERTS AND CONSULTANTS.
"(a)
"(b)
"(c)
"(d)
"SEC. 7. POWERS.
"(a)
"(b)
"(c)
"(d)
"(1) may accept money and other property donated, bequeathed, or devised to the Council without condition or restriction (other than that it be used to carry out the work of the Council); and
"(2) may use, sell, or otherwise dispose of any such property to carry out its functions under this Act, except that, upon the termination of the Council, any such property shall be disposed of in accordance with applicable provisions of law governing the disposal of Federal property.
"SEC. 8. REPORTS.
"The Council shall transmit to the President and each House of the Congress—
"(1) within 1 and 2 years, respectively, after the date on which the Council first meets, reports containing its preliminary findings and recommendations; and
"(2) within 3 years after the date on which the Council first meets, a final report containing a detailed statement of the findings and conclusions of the Council, together with its recommendations for such legislation or administrative actions as it considers appropriate.
"SEC. 9. COMMENCEMENT; TERMINATION.
"(a)
"(b)
"SEC. 10. AUTHORIZATION.
"There is authorized to be appropriated such sums as may be necessary to carry out this Act."
Ex. Ord. No. 8743. Extending the Classified Civil Service
Ex. Ord. No. 8743, Apr. 23, 1941, as amended by Ex. Ord. No. 9230, Aug. 20, 1942; Ex. Ord. No. 9678, Jan. 14, 1946; Ex. Ord. No. 9712, Apr. 13, 1946; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by section 1 of the act of November 26, 1940, entitled "Extending the Classified Executive Civil Service of the United States" (
(b) There is hereby created in the Office of Personnel Management (hereinafter referred to as the Office) a board to be known as the Board of Legal Examiners (hereinafter referred to as the Board). The Board shall consist of the Solicitor General of the United States and the chief law officer of the Office of Personnel Management, as members ex officio, and nine members to be appointed by the President, four of whom shall be attorneys chosen from the chief officers of the Executive departments, agencies or corporate instrumentalities of the Government, two from the law-teaching profession, and three from attorneys engaged in private practice. The President shall designate the chairman of the Board. Five members shall constitute a quorum, and the Board may transact business notwithstanding vacancies thereon. Members of the Board shall receive no salary as such, but shall be entitled to necessary expenses incurred in the performance of their duties hereunder.
(c) It shall be the duty of the Board to promote the development of a merit system for the recruitment, selection, appointment, promotion, and transfer of attorneys in the classified civil service in accordance with the general procedures outlined in Plan A of the report of the Committee on Civil Service Improvement, appointed by Executive Order No. 8044 of January 31, 1939.
(d) The Board, in consultation with the Office, shall determine the regulations and procedures under this section governing the recruitment and examination of applicants for attorney positions, and the selection, appointment, promotion and transfer of attorneys, in the classified service.
(e) The Office shall in the manner determined by the Board establish a register or registers for attorney positions in the classified service and such positions shall thereafter be filled from such registers as are designated by the Board. Unless otherwise determined by the Board, any register so established shall not be in effect for a period longer than one year from the date of its establishment. Upon request of the Board, the Office shall appoint regional or local boards of examiners composed of persons approved by the Board, within or without the Federal service, to interview and examine applicants as the Board shall direct.
(f) The number of names to be placed upon any register of eligibles for attorney positions shall be limited to the number recommended by the Board; and such registers shall not be ranked according to the ratings received by the eligibles, except that persons entitled to veterans' preference as defined in section 1 of Civil Service Rule VI shall be appropriately designated thereon.
(g) Any person whose name has been placed upon three registers of eligibles covering positions of the same grade, and who has not been appointed therefrom, shall not thereafter be eligible for placement upon any subsequently established register covering positions of such grade.
(h) So far as practicable and consistent with good administration, the eligibles on any register for attorney positions and appointments for such register shall be apportioned among the several States and Territories and the District of Columbia upon the basis of population as ascertained in the last preceding census. The Office shall certify to the appointing officer for each vacancy all the eligibles on the appropriate register except those whose appointment would, in the determination of the Board, be inconsistent with the apportionment policy herein prescribed. The appointing officer shall make selections for any vacancy or vacancies in attorney positions from the register so certified, with sole reference to merit and fitness.
(i) Any position affected by this section may be filled before appropriate registers have been established pursuant to this section only by a person whose appointment is approved by the Board. The Board may require as a condition of its approval that persons thus proposed for appointment pass a noncompetitive examination and may designate examining committees composed of persons within or without the Federal service to conduct such examinations. Persons whose appointment was approved by the Board prior to March 16, 1942, and who pass a noncompetitive examination prescribed by the Board shall be eligible for a classified civil-service status after the expiration of six months from the date of appointment upon compliance with the provisions of Section 6 of Civil Service Rule II other than those provisions relating to examination. Effective March 16, 1942, all appointments to attorney and law clerk (trainee) positions shall be for the duration of the present war and for six months thereafter unless specifically limited to a shorter period.
(j) The incumbent of any attorney position covered into the classified service by section 1 of this order may acquire a classified civil-service status in accordance with the provisions of Section 2(a) of the act of November 26, 1940 (
(k) The Office with the approval of the Board shall appoint a competent person to act as Executive Secretary to the Board; and the Office shall furnish such further professionals, clerical, stenographic, and other assistants as may be necessary to carry out the provisions of this section.
(l) The Civil Service Rules are hereby amended to the extent necessary to give effect to the provisions of this section.
(b) Any person who, in order to perform active service with the military or naval forces of the United States, has left a position in any department or agency (other than a temporary position) which is covered into the classified civil service under section 1 of this order, may, upon his applications and upon the request of the head of the same or any other department or agency, be reinstated in any position for which the Office finds he is qualified, and upon reinstatement shall acquire a classified civil-service status: Provided, (1) that he has been honorably discharged from the military or naval service, and (2) that he qualifies in such suitable noncompetitive examination as the Office may prescribe.
Executive Order No. 9367
Ex. Ord. No. 9367, Aug. 4, 1943, 8 F.R. 11017, which prohibited, with certain exceptions, instructions of applicants for civil service and foreign service examinations by officers or employees of the government, was revoked by Ex. Ord. No. 11408, Apr. 25, 1968, 33 F.R. 6459.
Ex. Ord. No. 10577. Civil Service Rules
Ex. Ord. No. 10577, Nov. 22, 1954, 19 F.R. 7521, eff. Jan. 23, 1955, as amended by Ex. Ord. No. 10641, Oct. 26, 1955, 20 F.R. 8137; Ex. Ord. No. 10675, Aug. 21, 1956, 21 F.R. 6327 Jan. 23, 1956; Ex. Ord. No. 10745, Dec. 12, 1957, 22 F.R. 10025; Ex. Ord. No. 10869, Mar. 9, 1960, 25 F.R. 2073; Ex. Ord. No. 11315, Nov. 17, 1966, 31 F.R. 14729; Ex. Ord. No. 11839, Feb. 15, 1975, 40 F.R. 7351; Ex. Ord. No. 11856, May 7, 1975, 40 F.R. 20259; Ex. Ord. No. 11887, Nov. 4, 1975, 40 F.R. 51411; Ex. Ord. No. 11935; Sept. 2, 1976, 41 F.R. 37301; Ex. Ord. No. 12021, Nov. 30, 1977, 42 F.R. 61237; Ex. Ord. No. 12043, Mar. 7, 1978, 43 F.R. 9773; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12125, Mar. 15, 1979, 44 F.R. 16879; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12300, Mar. 23, 1981, 46 F.R. 18683; Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521; Ex. Ord. No. 12896, Feb. 3, 1994, 59 F.R. 5515; Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R. 61519; Ex. Ord. No. 13124, §2(b), June 4, 1999, 64 F.R. 31103, provided:
PART I—CIVIL SERVICE RULES
Rule I—Coverage and Definitions
§1.1. Positions and Employees Affected by These Rules
These Rules shall apply to all positions in the competitive service and to all incumbents of such positions. Except as expressly provided in the Rule concerned, these Rules shall not apply to positions and employees in the excepted service.
§1.2. Extent of the Competitive Service
The competitive service shall include: (a) All civilian positions in the executive branch of the Government unless specifically excepted therefrom by or pursuant to statute or by the Office of Personnel Management (hereafter referred to in these Rules as the Office) under section 6.1 of Rule VI; and (b) all positions in the legislative and judicial branches of the Federal Government and in the Government of the District of Columbia which are specifically made subject to the civil-service laws by statute. The Office is authorized and directed to determine finally whether a position is in the competitive service.
§1.3. Definitions
As used in these Rules:
(a) "Competitive service" shall have the same meaning as the words "classified service", or "classified (competitive) service", or "classified civil service" as defined in existing statutes and executive orders.
(b) "Competitive position" shall mean a position in the competitive service.
(c) "Competitive status" shall mean basic eligibility to be noncompetitively selected to fill a vacancy in a competitive position. A competitive status shall be acquired by career-conditional or career appointment through open competitive examination upon satisfactory completion of a probationary period, or may be granted by statute, executive order, or the Civil Service Rules without competitive examination. A person with competitive status may be promoted, transferred, reassigned, reinstated, or demoted without taking an open competitive examination, subject to the conditions prescribed by the Civil Service Rules and Regulations.
(d) An employee shall be considered as being in the competitive service when he has a competitive status and occupies a competitive position unless he is serving under a temporary appointment: Provided, That an employee who is in the competitive service at the time his position is first listed under Schedule A, B, or C shall be considered as continuing in the competitive service as long as he continues to occupy such position.
(e) "Tenure" shall mean the period of time an employee may reasonably expect to serve under his current appointment. Tenure shall be granted and governed by the type of appointment under which an employee is currently serving without regard to whether he has a competitive status or whether his appointment is to a competitive position or an excepted position.
§1.4. Extent of the Excepted Service
(a) The excepted service shall include all civilian positions in the executive branch of the Government which are specifically excepted from the requirements of the Civil Service Act or from the competitive service by or pursuant to statute or by the Office under section 6.1 of Rule VI.
(b) "Excepted service" shall have the same meaning as the words "unclassified service", or "unclassified civil service", or "positions outside the competitive civil service" as used in existing statutes and executive orders.
(c) "Excepted position" shall have the same meaning as "unclassified position", or "position excepted by law", or "position excepted by executive order", or "position excepted by Civil Service Rule", or "position outside the competitive service" as used in existing statutes and executive orders.
Rule II—Appointment Through the Competitive System
§2.1. Competitive Examinations and Eligible Registers
(a) The Office shall be responsible for open competitive examinations for admission to the competitive service which will fairly test the relative capacity and fitness of the persons examined for the position to be filled. The Office is authorized to establish standards with respect to citizenship, age, education, training and experience, suitability, and physical and mental fitness, and for residence or other requirements which applicants must meet to be admitted to or rated in examinations.
(b) In addition to the names of persons who qualify in competitive examinations, the names of persons who have lost eligibility on a career or career-conditional register because of service in the armed forces, and the names of persons who lost opportunity for certification or who have served under career or career-conditional appointment when the Office determines that they should be given certification, may also be entered at such places on appropriate registers and under such conditions as the Office may prescribe.
(c) Whenever the Office of Personnel Management (1) is unable to certify a sufficient number of names to permit the appointing officer to consider three eligibles for appointment to a fourth-class postmaster position in accordance with the regular procedure, or (2) finds that a particular rate of compensation for fourth-class postmaster positions is too low to warrant regular competitive examinations for such positions, it may authorize appointment to any such position or positions in accordance with such procedure as may be prescribed by the Office. Persons appointed under this subsection may acquire competitive status subject to satisfactory completion of a probationary period prescribed by the Office.
§2.2. Appointments
(a) The Office shall establish and administer a career-conditional appointment system for positions subject to competitive examination which will permit adjustment of the career service to necessary fluctuations in Federal employment, and provide an equitable and orderly system for stabilizing the Federal work force. A competitive status shall be acquired by a career-conditional appointee upon satisfactory completion of a probationary period, but the appointee shall have career-conditional tenure for a period of service to be prescribed by regulation of the Office. When an employee has completed the required period of service his appointment shall be converted to a career appointment without time limitation: Provided, That his career-conditional appointment shall not be converted to a career appointment if the limitation on the number of permanent employees in the Federal civil service established under subsection (b) of this section would be exceeded thereby. Persons selected from competitive civil service registers for other than temporary appointment shall be given career-conditional appointments: Provided, That career appointments shall be given to the following classes of eligibles: (1) Persons whose appointments are required by statute to be made on a permanent basis; (2) employees serving under career appointments at the time of selections from such registers; (3) former employees who have eligibility for career appointments upon reinstatement; and (4) to the extent permitted by law, persons appointed to positions in the field service of the Post Office Department for which salary rates are fixed by the act of July 6, 1945,
(b) Under the career-conditional appointment system there shall be a limit on the number of permanent employees in the Federal civil service which shall be the ceiling established by section 1310 of the Supplemental Appropriation Act, 1952 (
(c) The Office may determine the types, duration, and conditions of indefinite and temporary appointments, and may prescribe the method for replacing persons holding such appointments.
§2.3. Apportionment
Subject to such modifications as the Office finds to be necessary in the interest of good administration, appointments to positions in agencies' headquarters offices which are located within the metropolitan area of Washington, D.C., shall be made so as to maintain the apportionment of appointments among the several States, Territories, and the District of Columbia upon the basis of population.
§2.4. Probationary Period
Persons selected from registers of eligibles for career or career-conditional appointment and employees promoted, transferred, or otherwise assigned, for the first time, to supervisory or managerial positions shall be required to serve a probationary period under terms and conditions prescribed by the Office.
Rule III—Noncompetitive Acquisition of Status
§3.1. Classes of Persons Who May Noncompetitively Acquire Status
(a) Upon recommendation by the agency concerned, and subject to such noncompetitive examination, time limits, or other requirements as the Office may prescribe, the following classes of persons may acquire a competitive status without competitive examination:
(1) A person holding a permanent position when it is placed in the competitive service by statute or executive order or is otherwise made subject to competitive examination.
(2) A disabled veteran who, in a manner satisfactory to the Office, has completed a course of training in the executive branch of the Government prescribed by the Administrator of Veterans' Affairs in accordance with the act of March 24, 1943,
(3) An employee who has served at least two years in the immediate office of the President or on the White House Staff and who is transferred to a competitive position at the request of an agency.
(4) An employee who was serving when his name was reached for certification on a civil-service register appropriate for the position in which he was serving: Provided, That the recommendation for competitive status is made prior to expiration of the register on which his name appears or is made during a period of continuous service since his name was reached: Provided further, That the register was being used for appointments conferring competitive status at the time his name was reached.
(b) Upon recommendation by the employing agency, and subject to such requirements as the Office of Personnel Management may prescribe, the following classes of handicapped employees may acquire competitive status without competitive examination:
(1) A severely physically handicapped employee who completes at least two years of satisfactory service in a position excepted from the competitive service.
(2) A mentally retarded employee who completes at least two years of satisfactory service in a position excepted from the competitive service.
(3) An employee with psychiatric disabilities who completes at least 2 years of satisfactory service in a position excepted from the competitive service.
§3.2. Appointments Without Competitive Examination in Rare Cases
Subject to receipt of satisfactory evidence of the qualifications of the person to be appointed, the Office may authorize an appointment in the competitive service without competitive examination whenever it finds that the duties or compensation of the position are such, or that qualified persons are so rare, that, in the interest of good civil-service administration, the position cannot be filled through open competitive examination. Any person heretofore or hereafter appointed under this section shall acquire a competitive status upon completion of at least one year of satisfactory service and compliance with such requirements as the Office may prescribe. Detailed statements of the reasons for the noncompetitive appointments made under this section shall be published in the Office's annual reports.
§3.3. Conversion of Appointments
Any person who acquires a competitive status under this Rule shall have his appointment converted to career-conditional appointment unless he meets the service requirement for career appointment prescribed under section 2.2 (a) of Rule II.
Rule IV—Prohibited Practices
§4.1. [Revoked by Ex. Ord. No. 12896, Feb. 3, 1994, 59 F.R. 5515.]
§4.2. Prohibition Against Racial, Political or Religious Discrimination
No person employed in the executive branch of the Federal Government who has authority to take or recommend any personnel action with respect to any person who is an employee in the competitive service or any eligible or applicant for a position in the competitive service shall make any inquiry concerning the race, political affiliation or religious beliefs of any such employee, eligible, or applicant. All disclosures concerning such matters shall be ignored, except as to such membership in political parties or organizations as constitutes by law a disqualification for Government employment. No discrimination shall be exercised, threatened, or promised by any person in the executive branch of the Federal Government against or in favor of any employee in the competitive service, or any eligible or applicant for a position in the competitive service because of his race, political affiliation or religious beliefs, except as may be authorized or required by law.
§4.3. Prohibition Against Securing Withdrawal From Competition
No person shall influence another person to withdraw from competition for any position in the competitive service for the purpose of either improving or injuring the prospects of any applicant for appointment.
Rule V—Regulations, Investigations, Evaluation, and Enforcement
§5.1. Civil Service Regulations
The Director, Office of Personnel Management, shall promulgate and enforce regulations necessary to carry out the provisions of the Civil Service Act and the Veterans' Preference Act, as reenacted in
§5.2. Investigation and Evaluations
The Director may secure effective implementation of the civil service laws, rules, and regulations, and all Executive orders imposing responsibilities on the Office by:
(a) Investigating the qualifications and suitability of applicants for positions in the competitive service. The Director may require appointments to be made subject to investigation to enable the Director to determine, after appointment, that the requirements of law or the civil service rules and regulations have been met.
(b) Evaluating the effectiveness of: (1) personnel policies, programs, and operations of Executive and other Federal agencies subject to the jurisdiction of the Office, including their effectiveness with regard to merit selection and employee development; (2) agency compliance with and enforcement of applicable laws, rules, regulations and office directives; and (3) agency personnel management evaluation systems.
(c) Investigating, or directing an agency to investigate and report on, apparent violations of applicable laws, rules, regulations, or directives requiring corrective action, found in the course of an evaluation.
(d) Requiring agencies to report, in a manner and at times as the Director may prescribe, personnel information the Director requests relating to civilian employees in the Executive branch of the Government, as defined by Section 311 of the Civil Service Reform Act of 1978 [set out as a note under
§5.3. Enforcement
(a) The Director is authorized to ensure enforcement of the civil service laws, rules, and regulations, and all applicable Executive orders, by:
(1) Instructing an agency to separate or take other action against an employee serving an appointment subject to investigation when the Director finds that the employee is disqualified for Federal employment. Where the employee or the agency appeals the Director's finding that a separation or other action is necessary, the Director may instruct the agency as to whether or not the employee should remain on duty and continue to receive pay pending adjudication of the appeal: Provided, That when an agency separates or takes other action against an employee pursuant to the Director's instructions, and the Director, on the basis of new evidence, subsequently reverses the initial decision as to the employee's qualifications and suitability, the agency shall, upon request of the Director, restore the employee to duty or otherwise reverse any action taken.
(2) Reporting the results of evaluation or investigations to the head of the agency concerned with instructions for any corrective action necessary, including cancellation of personnel actions where appropriate. The Director's findings resulting from evaluations or investigations are binding unless changed as a result of agency evidence and arguments against them. If, during the course of any evaluation or investigation under this Section, the Director finds evidence of matters which come within the investigative and prosecutorial jurisdiction of the Special Counsel of the Merit Systems Protection Board, the Director shall refer this evidence to the Special Counsel for appropriate disposition.
(b) Whenever the Director issues specific instructions as to separation or other corrective action with regard to an employee, including cancellation of a personnel action, the head of the agency concerned shall comply with the Director's instructions.
(c) If the agency head fails to comply with the specific instructions of the Director as to separation or other corrective action with regard to an employee, including cancellation of a personnel action, the Director may certify to the Comptroller General of the United States the agency's failure to act together with such additional information as the Comptroller General may require, and shall furnish a copy of such certification to the head of the agency concerned. The individual with respect to whom such separation or other corrective action was instructed shall be entitled thereafter to no pay or only to such pay as appropriate to effectuate the Director's instructions.
§5.4. Information and Testimony
When required by the Office, the Merit Systems Protection Board, or the Special Counsel of the Merit Systems Protection Board, or by authorized representatives of these bodies, agencies shall make available to them, or to their authorized representatives, employees to testify in regard to matters inquired of under the civil service laws, rules, and regulations, and records pertinent to these matters. All such employees, and all applicants or eligibles for positions covered by these rules, shall give to the Office, the Merit Systems Protection Board, the Special Counsel, or to their authorized representatives, all information, testimony, documents, and material in regard to the above matters, the disclosure of which is not otherwise prohibited by law or regulation. These employees, applicants, and eligibles shall sign testimony given under oath or affirmation before an officer authorized by law to administer oaths. Employees are performing official duty when testifying or providing evidence pursuant to this section.
Rule VI—Exceptions From the Competitive Service
§6.1. Authority To Except Positions From the Competitive Service
(a) The Office may except positions from the competitive service when it determines that appointments thereto through competitive examination are not practicable. These positions shall be listed in the Office's annual report for the fiscal year in which the exceptions are made.
(b) The Office shall decide whether the duties of any particular position are such that it may be filled as an excepted position under the appropriate schedule.
(c) Notice of the Office's decision granting authority to make appointments to an excepted position under the appropriate schedule shall be published in the
§6.2. Schedules of Excepted Positions
The Office shall list positions that it excepts from the competitive service in Schedules A, B, and C, which schedules shall constitute parts of this Rule, as follows:
schedule a
Positions other than those of a confidential or policy-determining character for which it is not practicable to examine shall be listed in Schedule A.
schedule b
Positions other than those of a confidential or policy-determining character for which it is not practicable to hold a competitive examination shall be listed in Schedule B. Appointments to these positions shall be subject to such noncompetitive examinations as may be prescribed by the Office.
schedule c
Positions of a confidential or policy-determining character shall be listed in Schedule C.
§6.3. Method of Filling Excepted Positions and Status of Incumbents
(a) The head of an agency may fill excepted positions by the appointment of persons without civil service eligibility or competitive status and such persons shall not acquire competitive status by reason of such appointment: Provided, That the Office, in its discretion, may by regulation prescribe conditions under which excepted positions may be filled in the same manner as competitive positions are filled and conditions under which persons so appointed may acquire a competitive status in accordance with the Civil Service Rules and Regulations.
(b) To the extent permitted by law and the provisions of this Rule, appointments and position changes in the excepted service shall be made in accordance with such regulations and practices as the head of the agency concerned finds necessary.
§6.4. Removal of Incumbents of Excepted Positions
Except as may be required by statute, the Civil Service Rules and Regulations shall not apply to removals from positions listed in Schedules A and C or from positions excepted from the competitive service by statute. The Civil Service Rules and Regulations shall apply to removals from positions listed in Schedule B of persons who have competitive status.
§6.5. Assignment of Excepted Employees
No person who is serving under an excepted appointment shall be assigned to the work of a position in the competitive service without prior approval of the Office.
§6.6. Revocation of Exceptions
The Office may remove any position from or may revoke in whole or in part any provision of Schedule A, B, or C. Notice of the Office's decision making these changes shall be published in the
§6.7. Movement of Persons Between the Civil-Service System and Other Merit Systems
Whenever the Office and any Federal agency having an established merit system determine it to be in the interest of good administration and consistent with the intent of the civil-service laws and any other applicable laws, they may enter into an agreement prescribing conditions under which persons may be moved from one system to the other and defining the status and tenure that the persons affected shall acquire upon such movement.
§6.8. Specified Exceptions
(a) Positions in the Department of the Interior and in the Department of Commerce whose incumbents serve as the principal representative of the Secretary in their respective regions shall be listed in Schedule C for grades not exceeding grade GS–15 of the General Schedule, and shall be designated Noncareer Executive Assignments for positions graded higher than GS–15. Incumbents of these positions who are, on February 15, 1975, in the competitive service shall not be affected by the foregoing provisions of this Section.
(b) Positions in the Community Services Administration and ACTION [now Corporation for National and Community Service] whose incumbents serve as regional director or regional administrator shall be listed in Schedule C for grades not exceeding GS–15 of the General Schedule and shall be designated Noncareer Executive Assignments for positions graded higher than GS–15. Incumbents of these positions who are, on November 29, 1977, in the competitive service shall not be affected by the foregoing provisions of this subsection.
(c) Within the Department of Agriculture, positions the incumbents of which serve as State Executive Directors of the Consolidated Farm Service Agency and positions the incumbents of which serve as State Directors or State Directors-at-Large for Rural Economic and Community Development shall be listed in Schedule C for all grades of the General Schedule.
Rule VII—General Provisions
§7.1. Discretion in Filling Vacancies
In his discretion, an appointing officer may fill any position in the competitive service either by competitive appointment from a civil-service register or by noncompetitive selection of a present or former Federal employee, in accordance with the Civil Service Regulations. He shall exercise his discretion in all personnel actions solely on the basis of merit and fitness and without regard to political or religious affiliations, marital status, or race.
§7.2. Personnel Reports
Each agency shall report to the Office, in such manner and at such times as the Office may prescribe, such personnel information as it may request relating to positions and officers and employees in the competitive service and in the excepted service, whether permanent or career, career-conditional, indefinite, temporary, emergency, or subject to contract.
§7.3. Reemployment Rights
The Office, whenever it determines it to be necessary, shall prescribe regulations governing the release of employees (both within the competitive service and the excepted service) by any agency in the executive branch of the Government for employment in any other agency, and governing the establishment, granting, and exercise of rights to reemployment in the agencies from which employees are released.
§7.4. Citizenship
(a) No person shall be admitted to competitive examination unless such person is a citizen or national of the United States.
(b) No person shall be given any appointment in the competitive service unless such person is a citizen or national of the United States.
(c) The Office may, as an exception to this rule and to the extent permitted by law, authorize the appointment of aliens to positions in the competitive service when necessary to promote the efficiency of the service in specific cases or for temporary appointments.
Rule VIII—Appointments to Overseas Positions
§8.1. Additional Authority of the Office
In addition to authorizing the recruitment and appointment of persons to overseas positions under regulations issued under the preceding Rules, the Office may, by the regulations prescribed by it, authorize the recruitment and appointment of persons to such positions as provided in section 2 of this Rule. As used in this Rule, "overseas positions" means positions in foreign countries and in other areas beyond the continental limits of the United States, except as provided in section 8.4 hereof.
§8.2. Appointment of United States Citizens
United States citizens may be recruited overseas for appointment to overseas positions in the competitive service without regard to the competitive requirements of the Civil Service Act. Persons so recruited who meet the qualification standards and other requirements of the Office for overseas positions may be given appointments to be known as "overseas limited appointments." Such appointments shall be of temporary or indefinite duration, and shall not confer the right to acquire a competitive status. The Office may authorize overseas limited appointments for United States citizens recruited within the continental limits of the United States whenever it determines that it is not feasible to appoint from a civil-service register. Persons serving under appointments made pursuant to this section are hereby excluded from the operation of the Civil Service Retirement Act of May 29, 1930, as amended [
§8.3. Appointment of Persons Not Citizens of the United States
Persons who are not citizens of the United States may be recruited overseas and appointed to overseas positions without regard to the Civil Service Act.
§8.4. Positions Excepted From the Application of This Rule
This Rule shall not apply to positions in Hawaii, Puerto Rico, the Virgin Islands, and Alaska, and on the Isthmus of Panama.
Rule IX—Executive, Assignment System for Positions in Grades GS–16, 17, and 18 of the General Schedule
[Revoked by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521.]
PART II—SPECIAL PROVISIONS FOR TRANSITION FROM INDEFINITE APPOINTMENT SYSTEM TO CAREER-CONDITIONAL APPOINTMENT SYSTEM
§201
(a) Under such conditions as the Office of Personnel Management may prescribe, all employees serving under indefinite appointments in the competitive service on the effective date of this order who were appointed by selection in regular order from appropriate competitive civil-service registers established subsequent to February 4, 1946, shall, as of the effective date of this order, have their appointments converted to career-conditional appointments if they have had less than three years of creditable service, and to career appointments if they have had three or more years of such service since they were appointed: Provided, That any such employees who left their positions prior to the effective date of this order to enter the armed forces of the United States and are reemployed in the competitive service after the effective date of this order pursuant to application for employment made within ninety days after honorable discharge, or after hospitalization continuing after discharge for not more than one year, shall have their former indefinite appointments converted to career-conditional or career appointments in accordance with this section: Provided further, That employees serving in excepted positions who would meet the conditions for career-conditional or career appointments if they were serving in competitive positions shall be granted competitive status upon completion of a probationary period.
(b) The Office may prescribe the conditions under which employees who are serving under indefinite appointments in the competitive service on the effective date of this order and who were not appointed by selection in regular order from competitive civil-service registers may be examined and have their names entered on existing competitive civil-service registers. When such employees are within reach for appointment from such registers they shall be eligible for career-conditional appointments if, since they were given indefinite appointments, they have had less than three years of creditable service, and for career appointments if they have had three or more years of such service.
(c) All employees in the competitive service who on the effective date of this order are serving under indefinite appointments made noncompetitively based upon prior service with a competitive status shall, as of the effective date of this order, have their appointments converted to career-conditional appointments if they have had less than three years of creditable service and to career appointments if they have had three or more years of such service under either permanent or indefinite appointment: Provided, That any such employees who left their positions prior to the effective date of this order to enter the armed forces of the United States and are reemployed in the competitive service after the effective date of this order pursuant to application for employment made within ninety days after honorable discharge, or after hospitalization continuing after discharge for not more than one year, shall have their former indefinite appointments converted to career-conditional or career appointments in accordance with this section: Provided further, That any such employees in the field service of the Post Office Department whose salary rates are fixed by the act of July 6, 1945,
(d) The Office shall define "creditable service" and shall prescribe the conditions for completion of the period of creditable service required for career appointment.
(e) Except as provided in section 201(c) hereof, this section shall not apply to employees serving under indefinite appointments in the field service of the Post Office Department whose salary rates are fixed by the act of July 6, 1945,
§202
(a) Notwithstanding the provisions of section 201(a) of this order, and subject to such noncompetitive examination or other requirements as the Office may prescribe, any employee entitled to veteran preference who has a compensable service-connected disability of ten per centum or more may, upon recommendation of the agency concerned, noncompetitively acquire a competitive status subject to completion of a probationary period: Provided, That he is serving under an indefinite appointment, a temporary appointment pending establishment of a register, or a temporary appointment for job employment which has been continuous for more than one year: Provided further, That recommendation for acquisition of status under this section is made not later than December 31, 1957.
(b) Any employee who is recommended for noncompetitive acquisition of competitive status under section 202(a) hereof and who satisfies the noncompetitive examination and other requirements of the Office shall have the appointment under which he is serving converted to a career appointment if he has completed a probationary period or to a career-conditional appointment if he has not completed a probationary period. The career-conditional appointment of such an employee shall be converted to a career appointment upon completion of probation.
(c) An employee in the field service of the Post Office Department whose salary rate is fixed by the act of July 6, 1945,
§203
The career-conditional appointment of any employee entitled to veteran preference who has a compensable service-connected disability of ten per centum or more may be converted to a career appointment: Provided, That he received his career-conditional appointment prior to January 1, 1958, and that, not later than December 31, 1958, the agency in which he is employed recommends such conversion and certifies to the Office that he has satisfactorily completed a one-year probationary period: Provided further, That any such employee who is not certified for career appointment under this section shall have his career-conditional appointment converted to a career appointment when he has completed the service requirement for such appointment prescribed under section 2.2(a) of Civil Service Rule II.
§204
In order to effectuate the purposes of section 1310 of the Supplemental Appropriations Act, 1952 (
§205
The Office shall issue such regulations and instructions as may be necessary to effectuate the purposes of this part.
PART III
§301
The following-described executive orders and parts of executive orders are hereby revoked:
Part II of Executive Order No. 9830 of February 24, 1947, amending the Civil Service Rules: Provided, That the positions listed in Schedules A, B, and C as provided for in Civil Service Rule VI of that order, as amended, shall be considered as being listed in Schedules A, B, and C, respectively, as provided for in Civil Service Rule VI of this order, unless and until they are removed therefrom by the Office.
Executive Orders No. 9973 of June 28, 1948, No. 10440 of March 31, 1953, and No. 10463 of June 25, 1953, amending Civil Service Rule VI.
Executive Order No. 10180 of November 13, 1950, establishing special personnel procedures in the interest of national defense.
PART IV
§401
This order shall become effective on the first Sunday after the sixtieth day after the date hereof.
Executive Order No. 10590
Ex. Ord. No. 10590, Jan. 18, 1955, 20 F.R. 409, as amended by Ex. Ord. No. 10722, Aug. 7, 1957, 22 F.R. 6287; Ex. Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782, Sept. 8, 1958, 23 F.R. 6971, which established the President's Committee on Government Employment Policy, was superseded by Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, set out as a note under
Executive Order No. 10880
Ex. Ord. No. 10880, June 7, 1960, 25 F.R. 5131, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which provided for conversion of indefinite or temporary appointments to career or career-conditional appointments, was revoked by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617.
Executive Order No. 10925
Ex. Ord. No. 10925, Mar. 7, 1961, 26 F.R. 1977, as amended by Ex. Ord. No. 11114, June 24, 1963, 28 F.R. 6485; Ex. Ord. No. 11162, July 28, 1964, 29 F.R. 10563, which established the President's Committee on Equal Employment Opportunity, was superseded by Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, set out as a note under
Executive Order No. 11114
Ex. Ord. No. 11114, June 24, 1963, 28 F.R. 6485, as amended by Ex. Ord. No. 11162, July 28, 1964, 29 F.R. 10563, which extended the authority of the President's Committee on Equal Employment Opportunity, was superseded by Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, set out as a note under
Ex. Ord. No. 11141. Discrimination on the Basis of Age
Ex. Ord. No. 11141, Feb. 12, 1964, 29 F.R. 2477, provided:
WHEREAS the principle of equal employment opportunity is now an established policy of our Government and applies equally to all who wish to work and are capable of doing so; and
WHEREAS discrimination in employment because of age, except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement, is inconsistent with that principle and with the social and economic objectives of our society; and
WHEREAS older workers are an indispensable source of productivity and experience which our Nation can ill afford to lose; and
WHEREAS President Kennedy, mindful that maximum national growth depends on the utilization of all manpower resources, issued a memorandum on March 14, 1963, reaffirming the policy of the Executive Branch of the Government of hiring and promoting employees on the basis of merit alone and emphasizing the need to assure that older people are not discriminated against because of their age and receive fair and full consideration for employment and advancement in Federal employment; and
WHEREAS, to encourage and hasten the acceptance of the principle of equal employment opportunity for older persons by all sectors of the economy, private and public, the Federal Government can and should provide maximum leadership in this regard by adopting that principle as an express policy of the Federal Government not only with respect to Federal employees but also with respect to persons employed by contractors and subcontractors engaged in the performance of Federal contracts:
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States and as President of the United States, I hereby declare that it is the policy of the Executive Branch of the Government that (1) contractors and subcontractors engaged in the performance of Federal contracts shall not, in connection with the employment, advancement, or discharge of employees, or in connection with the terms, conditions, or privileges of their employment, discriminate against persons because of their age except upon the basis of a bona fide occupational qualification, retirement plan, or statutory requirement, and (2) that contractors and subcontractors, or persons acting on their behalf, shall not specify, in solicitations or advertisements for employees to work on Government contracts, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan, or statutory requirement. The head of each department and agency shall take appropriate action to enunciate this policy, and to this end the Federal Procurement Regulations and the Armed Services Procurement Regulation shall be amended by the insertion therein of a statement giving continuous notice of the existence of the policy declared by this order.
Lyndon B. Johnson.
Executive Order No. 11162
Ex. Ord. No. 11162, July 28, 1964, 29 F.R. 10563, which related to membership of the President's Committee on Equal Employment Opportunity, was superseded by Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319, set out as a note under
Executive Order No. 11202
Ex. Ord. No. 11202, Mar. 5, 1965, 30 F.R. 3185, which established career or career-conditional appointments for student trainees, was revoked by Ex. Ord. No. 11813, Oct. 7, 1974, 39 F.R. 36317, formerly set out below.
Ex. Ord. No. 11203. Career Appointments to Certain Qualified Employees of Treasury Department
Ex. Ord No. 11203, Mar. 12, 1965; 30 F.R. 3417, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by Section 2 of the Civil Service Act (
(1) he has completed at least three years of full-time continuous service in a position concerned with the protective function;
(2) The Secretary of the Treasury, or his designee, recommends the conversion of the employee's appointment within 90 days after the employee meets the service requirements of this section, or within 90 days after the date of this Order, whichever is later;
(3) he shall have passed a competitive examination appropriate for the position he is occupying or meets noncompetitive examination standards the Office of Personnel Management prescribes for his position; and
(4) he meets all other requirements prescribed by the Office pursuant to Section 5 of this Order.
(1) "full-time continuous service" means service without a break of more than 30 calendar days;
(2) except as provided in paragraph (3) of this section, active service in the Armed Forces of the United States shall be deemed to be full-time continuous service in a position concerned with the protective function if the employee concerned shall have left a position concerned with the protective function to enter the Armed Forces and shall have been re-employed in a position concerned with the protective function within 120 days after he shall have been discharged from the Armed Forces under honorable conditions; and
(3) active service in the Armed Forces shall not be deemed to be full-time continuous service in a position concerned with the protective function if such active service exceeds a total of four years plus any period of additional service imposed pursuant to law.
Ex. Ord. No. 11219. Appointment in Competitive Service of Foreign Service Officers and Employees
Ex. Ord. No. 11219, May 6, 1965, 30 F.R. 6381, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:
By virtue of the authority vested in me by section 1753 of the Revised Statutes [
(a) Is qualified for the position in the competitive service;
(b) Was appointed in the Foreign Service under authority of the Foreign Service Act of 1946 as amended [former
(c) Served in the Foreign Service under an unlimited, career-type appointment and, immediately before his separation from that appointment, he completed at least one year of continuous service under one or more nontemporary appointments in the Foreign Service which may include the service that made him eligible for his career-type appointment; and
(d) Is appointed within 3 years after his separation from the Foreign Service, or he completed at least 3 years of substantially continuous service under one or more nontemporary appointments in the Foreign Service immediately before his separation from the unlimited, career-type appointment in that Service which may include the service that made him eligible for such appointment, or he is entitled to preference under section 2 of the Veterans' Preference Act of 1944, as amended [
(b) A person appointed under Section 1 of this Order becomes a career employee when he:
(1) Has completed at least 3 years of substantially continuous service under one or more nontemporary appointments in the Foreign Service immediately before his separation from the unlimited, career-type appointment in that Service which may include the service that made him eligible for such appointment;
(2) Is appointed to a position in the competitive service required by law or Executive order to be filled on a permanent or career basis; or
(3) Has completed the service requirement for career tenure in the competitive service.
For the purpose of subparagraph (3) of this paragraph, service in the Foreign Service is creditable in meeting the service requirement only if the person concerned is appointed to a nontemporary position in the competitive service under Section 1 of this Order within 30 days after his separation from the Foreign Service.
Ex. Ord. No. 11315. Amending the Civil Service Rules To Authorize an Executive Assignment System for Positions in Grades 16, 17, and 18 of the General Schedule
Ex. Ord. No. 11315, Nov. 17, 1966, 31 F.R. 14729, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
WHEREAS, the increasing complexities of Government require personnel of the highest attainable qualifications who are capable of assuming and discharging efficiently major and varied duties and responsibilities in the Executive Branch in response to present and future needs; and
WHEREAS, this need for high quality can best be met by the establishment of an executive assignment system for the top three grades of the General Schedule, extending and adapting merit principles in recruitment, selection, and development, combined with improvements in the identification, assignment and utilization of key personnel:
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution of the United States, by
Part I. Civil Service Rules
[Civil Service Rule IX, as established by Ex. Ord. No. 11315, as amended, was revoked by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521. See Ex. Ord. No. 10577, as amended, set out above.]
civil service rule vi
(a) Section 6.1(a) is amended to read as follows:
"(a) The Office may except positions from the competitive service when it determines that appointments thereto through competitive examination are not practicable. These positions shall be listed in the Office's annual report for the fiscal year in which the exceptions are made. The exception from the competitive service is effective on publication in the Federal Register."
(b) Section 6.6 is amended to read as follows:
"Section 6.6 Revocation of exceptions. The Office may remove any position from or may revoke in whole or in part any provision of Schedule A, B, or C. These changes are effective on publication in the Federal Register."
Part II. Special Provisions for Transition to the Full Establishment of Executive Assignments Under Rule IX
(a) If he is serving under a career or career-conditional appointment in the competitive service, he shall be converted to a Career Executive Assignment;
(b) If he is serving in the excepted service under a nontemporary appointment, he shall be converted to a Noncareer Executive Assignment;
(c) If he is serving in the competitive service under an indefinite or temporary appointment without definite time limit and:
(1) if he has served under this type of appointment for at least five years, he shall be:
(i) converted to a Career Executive Assignment, or appointed to a continuing position in the competitive service in grade GS–15, or below;
(ii) converted to a Noncareer Executive Assignment; or
(iii) separated from the service; or
(2) if he has served under this type of appointment for less than five years, he shall be:
(i) converted to a Noncareer Executive Assignment;
(ii) separated from the service; or
(iii) allowed to continue to serve until he has served five years, at which time the appointing officer shall take one of the actions provided for in subparagraph (1) of this paragraph.
An incumbent who is serving under any other type of appointment shall continue under that appointment until it is terminated.
Part III. Administration
Executive Order No. 11598
Ex. Ord. No. 11598, June 16, 1971, 36 F.R. 11711, formerly set out as a note under this section, which related to the listing of certain job vacancies by federal agencies and government contractors and subcontractors, was superseded by Ex. Ord. No. 11701, Jan. 24, 1973, 38 F.R. 2675, set out as a note under
Executive Order No. 11813
Ex. Ord. No. 11813, Oct. 7, 1974, 39 F.R. 36317, which related to career or career-conditional appointments for cooperative education students, was revoked by Ex. Ord. No. 12015, Oct. 26, 1977, 42 F.R. 56947, set out below.
Ex. Ord. No. 11839. Amending the Civil Service Rules To Except Certain Positions in Regional Offices From the Career Service
Ex. Ord. No. 11839, Feb. 15, 1975, 40 F.R. 7351, provided:
The program to decentralize Federal policy and decision making and to involve local governments and other interested parties in Federal, State, and local policy and program development requires a capability for deep involvement in the development and advocacy of Administration proposals and policies, and support of their controversial aspects, on the part of certain senior regional officials.
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution of the United States and
"Section 6.8. Specified Exceptions
"Positions in the Department of the Interior whose incumbents serve as the principal representative of the Secretary in their respective regions shall be listed in Schedule C for grades not exceeding grade GS–15 of the General Schedule and shall be designated Noncareer Executive Assignments for positions graded higher than GS–15. Incumbents of these positions who are, on February 15, 1975, in the competitive service shall not be affected by the foregoing provisions of this Section."
"Sec. 9.11. Specified Noncareer Executive Assignments
"The regional director, regional administrator, or the Secretary's principal regional representative positions in the Department of Health, Education, and Welfare, Housing and Urban Development, Transportation and Labor, and those positions in the Environmental Protection Agency shall be designated Noncareer Executive Assignments; and, the Limited Executive Assignments of any incumbents of these positions on February 15, 1975, are converted to Noncareer Executive Assignments. Incumbents of these positions serving in Career Executive Assignments on February 15, 1975, shall not be affected by the foregoing provisions of this Section."
Gerald R. Ford.
Ex. Ord. No. 11856. Amending the Civil Service Rules To Except Certain Positions in Regional Offices From the Career Service
Ex. Ord. No. 11856, May 7, 1975, 40 F.R. 20259, provided:
By virtue of the authority vested in me by the Constitution of the United States of America and
Gerald R. Ford.
Ex. Ord. No. 11887. Amending the Civil Service Rules To Except Certain Positions From the Career Service
Ex. Ord. No. 11887, Nov. 4, 1975, 40 F.R. 51411, provided:
By virtue of the authority vested in me by the Constitution of the United States of America and
Gerald R. Ford.
Ex. Ord. No. 11935. Amending the Civil Service Rules Concerning Citizenship Requirements for Federal Employment
Ex. Ord. No. 11935, Sept. 2, 1976, 41 F.R. 37301, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including
"Section 7.4. Citizenship
"(a) No person shall be admitted to competitive examination unless such person is a citizen or national of the United States.
"(b) No person shall be given any appointment in the competitive service unless such person is a citizen or national of the United States.
"(c) The Office may, as an exception to this rule and to the extent permitted by law, authorize the appointment of aliens to positions in the competitive service when necessary to promote the efficiency of the service in specific cases or for temporary appointments.".
Ex. Ord. No. 11955. Career or Career-Conditional Appointment to Certain Qualified Employees of National Aeronautics and Space Administration
Ex. Ord. No. 11955, Jan. 10, 1977, 42 F.R. 2499, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by
(a) the candidate has successfully completed two years of service as a candidate in an appropriate training program;
(b) the Administrator of the National Aeronautics and Space Administration, or the Administrator's designee, recommends the conversion of the candidate's appointment within ninety days of completion of the requirements of section 1(a);
(c) the candidate meets noncompetitive examination standards prescribed by the Office of Personnel Management; and
(d) the candidate meets all other requirements prescribed by the Office of Personnel Management pursuant to section 3 of this order.
Executive Order No. 12008
Ex. Ord. No. 12008, Aug. 25, 1977, 42 F.R. 43373, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which established a Presidential Management Intern Program, was revoked by Ex. Ord. No. 12364, May 24, 1982, 47 F.R. 22931, set out below.
Ex. Ord. No. 12015. Career or Career-Conditional Appointments in Competitive Service for Students Completing Approved Career-Related Work-Study Programs
Ex. Ord. No. 12015, Oct. 26, 1977, 42 F.R. 56947, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 13024, Nov. 7, 1996, 61 F.R. 58125, provided:
By virtue of the authority vested in me by
(a) has completed within the preceding 120 days an educational program that meets the provisions established by the Office of Personnel Management;
(b) has satisfied all course requirements leading to completion of the related curriculum at an accredited school;
(c) is recommended for such an appointment by the employing agency in which the career-related work was performed; and,
(d) satisfies such other requirements and conditions as the Office of Personnel Management may prescribe for term, career, or career-conditional appointment of an individual in career-related work-study programs.
Ex. Ord. No. 12021. Amending the Civil Service Rules To Except Certain Positions From the Career Service
Ex. Ord. No. 12021, Nov. 30, 1977, 42 F.R. 61237, provided:
By virtue of the authority vested in me by the Constitution of the United States of America, and
"(b) Positions in the Community Services Administration and ACTION [now Corporation for National and Community Service] whose incumbents serve as regional director or regional administrator shall be listed in Schedule C for grades not exceeding GS–15 of the General Schedule and shall be designated Noncareer Executive Assignments for positions graded higher than GS–15. Incumbents of these positions who are, on November 29, 1977, in the competitive service shall not be affected by the foregoing provisions of this subsection.".
"(b) The regional director or regional administrator positions in the Defense Civil Preparedness Agency and the General Services Administration shall be designated as Noncareer Executive Assignments and the Limited Executive Assignments of any incumbents of these positions on November 29, 1977, are converted to Noncareer Executive Assignments. Incumbents of these positions who are, on November 29, 1977, serving in Career Executive Assignments shall not be affected by the foregoing provisions of this subsection.".
Jimmy Carter.
Executive Order No. 12026
For provisions relating to eligibility for reinstatement in the competitive civil service of certain employees of the Energy Department, see Ex. Ord. No. 12026, Dec. 5, 1977, 42 F.R. 61849, set out as a note under
Ex. Ord. No. 12043. Amending the Civil Service Rules Regarding Notice of Exemptions From the Competitive Service
Ex. Ord. No. 12043, Mar. 7, 1978, 43 F.R. 9773, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by the Constitution of the United States of America, and
"(c) Notice of the Office's decision granting authority to make appointments to an excepted position under the appropriate schedule shall be published in the
"(c) The Office shall include in its annual report a current listing, by agency, of all positions authorized to be filled by Limited Executive Assignment.".
"(f) The Office shall include in its annual report a current listing, by agency, of all positions authorized to be filled by Noncareer Executive Assignment.".
Jimmy Carter.
Ex. Ord. No. 12125. Amending the Civil Service Rules Relating to Competitive Status for Handicapped Federal Employees
Ex. Ord. No. 12125, Mar. 15, 1979, 44 F.R. 16879, provided:
By the authority vested in me as President of the United States of America by
"(b) Upon recommendation by the employing agency, and subject to such requirements as the Office of Personnel Management may prescribe, the following classes of handicapped employees may acquire competitive status without competitive examination:
"(1) A severely physically handicapped employee who completes at least two years of satisfactory service in a position excepted from the competitive service.
"(2) A mentally retarded employee who completes at least two years of satisfactory service in a position excepted from the competitive service.".
Jimmy Carter.
Executive Order No. 12257
Ex. Ord. No. 12257, Dec. 18, 1980, 45 F.R. 84005, which provided for noncompetitive conversion of participants in the Comprehensive Employment and Training Act program to career or career-conditional Civil Service status, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
Executive Order No. 12300
Ex. Ord. No. 12300, Mar. 23, 1981, 46 F.R. 18683, which amended section 6.8 of Civil Service Rule VI by adding subsec. (c), excepting certain positions in Department of Agriculture from the competitive service, was superseded by Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R. 61519, set out below.
Executive Order No. 12362
Ex. Ord. No. 12362, May 12, 1982, 47 F.R. 21231, as amended by Ex. Ord. No. 12585, Mar. 3, 1987, 52 F.R. 6773, which related to appointment to competitive status of certain overseas employees upon return to the United States, was revoked by Ex. Ord. No. 12721, July 30, 1990, 55 F.R. 31349, set out below.
Ex. Ord. No. 12364. Presidential Management Intern Program
Ex. Ord. No. 12364, May 24, 1982, 47 F.R. 22931, as amended by Ex. Ord. No. 12645, July 12, 1988, 53 F.R. 26750, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including
(b) The Office of Personnel Management shall develop appropriate procedures for the recruitment, nomination, screening, placement and continuing career development of outstanding individuals possessing the qualifications described above.
(c) In developing those procedures, the Office of Personnel Management shall be guided by the following principles and policies:
(1) The number of new Presidential Management Interns selected shall not exceed four hundred in any fiscal year.
(2) Final placement of Presidential Management Interns shall be made by the head of the department, agency, or component within the Executive Office of the President in which the Intern is to be employed, or by the designee thereof.
(3) Universities and colleges participating in the Program shall make nominations for the Program. In making nominations, they shall establish competitive selection processes and procedures to ensure that all applicants receive careful and thorough review.
(4) The procedures so developed shall provide for such affirmative actions as the Office of Personnel Management deems appropriate to assure equal employment opportunity. The procedures shall also provide for the application of appropriate veterans preference criteria.
(b) Tenure for the Presidential Management Interns shall be governed by the following principles and policies:
(1) Assigned responsibilities shall be consistent with an Intern's educational background and career interests, and the purposes of this Program.
(2) Continuation in the Program shall be contingent upon satisfactory performance by the Interns throughout the internship period.
(3) Except as provided in subsection (4) of this Section, service as an Intern shall confer no rights to further Federal employment in either the competitive or excepted service upon the expiration of the internship period.
(4) Competitive civil service status may be granted to Interns who satisfactorily complete their internships and meet all other requirements prescribed by the Office of Personnel Management.
Ronald Reagan.
Ex. Ord. No. 12505. Career Appointments to Certain Office of Management and Budget Employees
Ex. Ord. No. 12505, Feb. 12, 1985, 50 F.R. 6151, provided:
By the authority vested in me as President by the laws of the United States of America, including
(a) The employee has completed at least one year of full-time continuous service in a position concerned with the paperwork reduction and regulatory program;
(b) There is a continuing need for the position filled by the employee;
(c) The employee's past performance has been satisfactory and the employee possesses the qualifications necessary to continue in the position; and
(d) The employee meets the citizenship requirements and qualification standards appropriate for the position.
Ronald Reagan.
Ex. Ord. No. 12596. Noncompetitive Conversion to Career Status of Certain Employees in Professional and Administrative Career Positions
Ex. Ord. No. 12596, May 7, 1987, 52 F.R. 17537, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including
Ronald Reagan.
Ex. Ord. No. 12685. Noncompetitive Conversion of Personal Assistants to Employees With Disabilities
Ex. Ord. No. 12685, July 28, 1989, 54 F.R. 31796, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including
George Bush.
Ex. Ord. No. 12718. President's Advisory Commission on the Public Service
Ex. Ord. No. 12718, June 29, 1990, 55 F.R. 27451, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including the Federal Advisory Committee Act, as amended (5 U.S.C. App.), and in order to provide a continuing source of advice on the public service from outstanding leaders in various walks of private life, it is hereby ordered as follows:
(1) improving the efficiency and attractiveness of the Federal civil service;
(2) increasing the interest among American students in pursuing careers in the public service; and
(3) strengthening the image of the public service in American life.
(b) The Commission shall submit a report on its activities to the Director of the Office of Personnel Management and the President each year.
(b) All executive agencies are directed, to the extent permitted by law, to provide such information, advice, and assistance to the Commission as the Commission may request.
(c) The Director of the Office of Personnel Management shall, to the extent permitted by law and subject to the availability of funds, provide the Commission with administrative services, staff support, and necessary expenses.
George Bush.
Ex. Ord. No. 12721. Eligibility of Overseas Employees for Noncompetitive Appointments
Ex. Ord. No. 12721, July 30, 1990, 55 F.R. 31349, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including
(b) Existing regulations prescribed by the Director of the Office of Personnel Management under Executive Order No. 12362, as amended, shall continue in effect until modified or superseded by the Director of the Office of Personnel Management.
George Bush.
Ex. Ord. No. 12940. Amendment to Civil Service Rule VI
Ex. Ord. No. 12940, Nov. 28, 1994, 59 F.R. 61519, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
"(c) Within the Department of Agriculture, positions the incumbents of which serve as State Executive Directors of the Consolidated Farm Service Agency and positions the incumbents of which serve as State Directors or State Directors-at-Large for Rural Economic and Community Development shall be listed in Schedule C for all grades of the General Schedule."
This order supersedes Executive Order No. 12300.
William J. Clinton.
Ex. Ord. No. 13124. Amending the Civil Service Rules Relating To Federal Employees With Psychiatric Disabilities
Ex. Ord. No. 13124, June 4, 1999, 64 F.R. 31103, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(a) It is the policy of the United States to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for persons with disabilities. The Federal Government as an employer should serve as a model for the employment of persons with disabilities and utilize the full potential of these talented citizens.
(b) The Civil Service Rules governing appointment of persons with psychiatric disabilities were adopted years ago when attitudes about mental illness were different than they are today, which led to stricter standards for hiring persons with psychiatric disabilities than for persons with mental retardation or severe physical disabilities. The Civil Service Rules provide that persons with mental retardation, severe physical disabilities, or psychiatric disabilities may be hired under excepted appointing authorities. While persons with mental retardation or severe physical disabilities may be appointed for more than 2 years and may convert to competitive status after completion of 2 years of satisfactory service in their excepted position, people with psychiatric disabilities may not.
(c) The Office of Personnel Management (OPM) and the President's Task Force on Employment of Adults with Disabilities believe that the Federal Government could better benefit from the contributions of persons with psychiatric disabilities if they were given the same opportunities available to people with mental retardation or severe physical disabilities.
(a) The Director of the Office of Personnel Management shall, consistent with OPM authority, provide that persons with psychiatric disabilities are subject to the same hiring rules as persons with mental retardation or severe physical disabilities.
(b) Civil Service Rule III (5 CFR Part 3) is amended by adding the following new paragraph to subsection (b) of section 3.1:
"(3) An employee with psychiatric disabilities who completes at least 2 years of satisfactory service in a position excepted from the competitive service."
William J. Clinton.
Cross References
President's authority to prescribe regulations for the conduct of employees in the executive branch, see
Removal and suspension of individuals in the competitive service for cause to promote the efficiency of the service, see
Section Referred to in Other Sections
This section is referred to in
§3302. Competitive service; rules
The President may prescribe rules governing the competitive service. The rules shall provide, as nearly as conditions of good administration warrant, for—
(1) necessary exceptions of positions from the competitive service; and
(2) necessary exceptions from the provisions of
Each officer and individual employed in an agency to which the rules apply shall aid in carrying out the rules.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Jan. 16, 1883, ch. 27, §2(1) (less function of Civil Service Commission), (2) 8 (last sentence), |
The reference to the competitive service is substituted for the reference to the Act creating that service. The reference to reasons for the exceptions is omitted as covered by
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1993—Par. (2).
1979—Par. (2).
1978—Par. (2).
Effective Date of 1993 Amendment; Savings Provision
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Ex. Ord. No. 11521. Veterans Readjustment Appointment for Veterans of Vietnam Era
Ex. Ord. No. 11521, Mar. 26, 1970, 35 F.R. 5311, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
WHEREAS this Nation has an obligation to assist veterans of the armed forces in readjusting to civilian life;
WHEREAS the Federal Government, as an employer, should reflect its recognition of this obligation in its personnel policies and practices;
WHEREAS veterans, by virtue of their military service, have lost opportunities to pursue education and training oriented toward civilian careers;
WHEREAS the Federal Government is continuously concerned with building an effective workforce, and veterans constitute a major recruiting source; and
WHEREAS the development of skills is most effectively achieved through a program combining employment with education or training:
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution of the United States, by
(1) served on active duty in the armed forces of the United States during the Vietnam era;
(2) at the time of his appointment has completed not more than fourteen years of education; and
(3) is found qualified to perform the duties of the position.
(b) Employment under paragraph (a) of this section is authorized only under a training or educational program developed by an agency in accordance with guidelines established by the Office of Personnel Management.
(c) An employee given a veterans readjustment appointment under paragraph (a) of this section shall serve subject to:
(1) the satisfactory performance of assigned duties; and
(2) participation in the training or educational program under which he is appointed.
(d) An employee who does not satisfactorily meet the conditions set forth in paragraph (c) of this section shall be removed in accordance with appropriate procedures.
(e) An employee serving under a veterans readjustment appointment may be promoted, reassigned, or transferred.
(f) An employee who completes the training or educational program and who has satisfactorily completed two years of substantially continuous service under a veterans readjustment appointment shall be converted to career-conditional or career employment. An employee converted under this paragraph shall automatically acquire a competitive status.
(g) In selecting an applicant for appointment under this section, an agency shall not discriminate because of race, color, religion, sex, national origin, or political affiliation.
(b) The Office of Personnel Management may determine the circumstances under which service under a transitional appointment may be deemed service under a veterans readjustment appointment for the purpose of paragraph (f) of section 1 of this order.
(a) "agency" means a military department as defined in
(b) "Vietnam era" means the period beginning August 5, 1964, and ending on such date thereafter as may be determined by Presidential proclamation or concurrent resolution of the Congress.
Section Referred to in Other Sections
This section is referred to in
§3303. Competitive service; recommendations of Senators or Representatives
An individual concerned in examining an applicant for or appointing him in the competitive service may not receive or consider a recommendation of the applicant by a Senator or Representative, except as to the character or residence of the applicant.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Jan. 16, 1883, ch. 27, §10, |
The prohibition is restated in positive form. The words "An individual concerned in examining an applicant for or appointing him in the competitive service" are substituted for "any person concerned in making any examination or appointment under this act". The word "applicant" is substituted for "person who shall apply for office or place under the provisions of this act". The word "Representative" is substituted for "Member of the House of Representatives".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—
1993—
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1993 Amendment; Savings Provision
Amendment by
Section Referred to in Other Sections
This section is referred to in title 38 section 7403.
§3304. Competitive service; examinations
(a) The President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, for—
(1) open, competitive examinations for testing applicants for appointment in the competitive service which are practical in character and as far as possible relate to matters that fairly test the relative capacity and fitness of the applicants for the appointment sought; and
(2) noncompetitive examinations when competent applicants do not compete after notice has been given of the existence of the vacancy.
(b) An individual may be appointed in the competitive service only if he has passed an examination or is specifically excepted from examination under
(c)(1) For the purpose of this subsection, the term "technician" has the meaning given such term by
(2) Notwithstanding a contrary provision of this title or of the rules and regulations prescribed under this title for the administration of the competitive service, an individual who served for at least 3 years as a technician acquires a competitive status for transfer to the competitive service if such individual—
(A) is involuntarily separated from service as a technician other than by removal for cause on charges of misconduct or delinquency;
(B) passes a suitable noncompetitive examination; and
(C) transfers to the competitive service within 1 year after separating from service as a technician.
(d) The Office of Personnel Management shall promulgate regulations on the manner and extent that experience of an individual in a position other than the competitive service, such as the excepted service (as defined under section 2103) in the legislative or judicial branch, or in any private or nonprofit enterprise, may be considered in making appointments to a position in the competitive service (as defined under section 2102). In promulgating such regulations OPM shall not grant any preference based on the fact of service in the legislative or judicial branch. The regulations shall be consistent with the principles of equitable competition and merit based appointments.
(e) Employees at any place outside the District of Columbia where the President or the Office of Personnel Management directs that examinations be held shall allow the reasonable use of public buildings for, and in all proper ways facilitate, holding the examinations.
(f)(1) Preference eligibles or veterans who have been separated from the armed forces under honorable conditions after 3 years or more of active service may not be denied the opportunity to compete for vacant positions for which the agency making the announcement will accept applications from individuals outside its own workforce under merit promotion procedures.
(2) If selected, a preference eligible or veteran described in paragraph (1) shall receive a career or career-conditional appointment, as appropriate.
(3) This subsection shall not be construed to confer an entitlement to veterans' preference that is not otherwise required by law.
(4) The area of consideration for all merit promotion announcements which include consideration of individuals of the Federal workforce shall indicate that preference eligibles and veterans who have been separated from the armed forces under honorable conditions after 3 years or more of active service are eligible to apply. The announcements shall be publicized in accordance with section 3327.
(5) The Office of Personnel Management shall prescribe regulations necessary for the administration of this subsection. The regulations shall ensure that an individual who has completed an initial tour of active duty is not excluded from the application of this subsection because of having been released from such tour of duty shortly before completing 3 years of active service, having been honorably released from such duty.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Jan. 16, 1883, ch. 27, §2(2)1, |
|
Jan. 16, 1883, ch. 27, §2(2)7 (less last 17 words), |
||
(b) | Jan. 16, 1883, ch. 27, §7 (as applicable to appointment), |
|
(c) | Nov. 26, 1940, ch. 919, §2(b), Feb. 12, 1946, ch. 3, May 29, 1958, |
|
June 24, 1952, ch. 456, |
||
(d) | Jan. 16, 1883, ch. 27, §3 (7th sentence), |
In subsection (a), the authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302. The words "competitive service" are substituted for "public service" since the requirements do not apply to the excepted or uniformed service.
In subsection (b), the words "That after the expiration of six months from the passage of this act" are omitted as executed. The words "in the competitive service" are substituted for "in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules" because of the definition of "competitive service" in section 2102. In the second sentence, the words "the provisions of this title governing the competitive service" are substituted for "this act".
In subsection (c), the provisions of former section 631b(b) and (c) are combined and restated for clarity. The words "From and after the effective date of this Act" and "From and after the date of approval of this Act" are omitted as executed. The words "competitive service" are substituted for "classified civil service" in view of the definition of "competitive service" in section 2102. The words "or as a clerical employee of the Senate or House of Representatives" are omitted as included in the reference to "an individual . . . in the legislative branch in a position in which he was paid by the Secretary of the Senate or the Clerk of the House of Representatives". The words "and nothing in this Act shall be construed to impair any right of retransfer provided for under civil service laws or regulations made thereunder" are omitted as unnecessary.
In subsection (d), the word "Employees" is substituted for "collector, postmaster, and other officers of the United States".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1999—Subsec. (f)(2), (3).
Subsec. (f)(4).
Subsec. (f)(5).
1998—Subsec. (f).
1996—Subsec. (c)(1).
1995—Subsec. (c).
"(1) for at least 3 years in the legislative branch in a position in which he was paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives; or
"(2) for at least 4 years as a secretary or law clerk, or both, to a justice or judge of the United States;
acquires a competitive status for transfer to the competitive service if he is involuntarily separated without prejudice from the legislative or judicial branch, passes a suitable noncompetitive examination, and transfers to the competitive service within 1 year of the separation from the legislative or judicial branch. For the purpose of this subsection, an individual who has served for at least 2 years in a position in the legislative branch described by paragraph (1) of this subsection and who is separated from that position to enter the armed forces is deemed to have held that position during his service in the armed forces."
Subsec. (d).
1986—Subsecs. (d), (e).
1978—Subsec. (d).
Effective Date of 1999 Amendment
Effective Date of 1995 Amendment
Section 16(c) of
Section 17(b) of
"(1) conduct a study on excepted service considerations for competitive service appointments relating to such amendment; and
"(2) take all necessary actions for the regulations described under such amendment to take effect as final regulations on the effective date of this section."
Effective Date of 1978 Amendment
Amendment by
Cross References
President's power to grant exceptions from provisions of subsec. (a) of this section, see
Section Referred to in Other Sections
This section is referred to in
§3304a. Competitive service; career appointment after 3 years' temporary service
(a) An individual serving in a position in the competitive service under an indefinite appointment or a temporary appointment pending establishment of a register (other than an individual serving under an overseas limited appointment, or in a position classified above GS–15 pursuant to section 5108) acquires competitive status and is entitled to have his appointment converted to a career appointment, without condition, when—
(1) he completes, without break in service of more than 30 days, a total of at least 3 years of service in such a position;
(2) he passes a suitable noncompetitive examination;
(3) the appointing authority (A) recommends to the Office of Personnel Management that the appointment of the individual be converted to a career appointment and (B) certifies to the Office that the work performance of the individual for the past 12 months has been satisfactory; and
(4) he meets Office qualification requirements for the position and is otherwise eligible for career appointment.
(b) The employing agency shall terminate the appointment of an individual serving in a position in the competitive service under an indefinite or temporary appointment described in subsection (a) of this section, not later than 90 days after he has completed the 3-year period referred to in subsection (a)(1) of this section, if, prior to the close of such 90-day period, such individual has not met the requirements and conditions of subparagraphs (2) to (4), inclusive, of subsection (a) of this section.
(c) In computing years of service under subsection (a)(1) of this section for an individual who leaves a position in the competitive service to enter the armed forces and is reemployed in such a position within 120 days after separation under honorable conditions, the period from the date he leaves his position to the date he is reemployed is included.
(d) The Office of Personnel Management may prescribe regulations necessary for the administration of this section.
(Added
Amendments
1990—Subsec. (a).
1978—Subsec. (a).
Subsec. (d).
1970—Subsec. (a).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date
Section 4 of
"(a) This section and section 3 of this Act [amending provisions set out as a note under
"(b) Subject to subsection (c) of this section, the first section and section 2 of this Act [enacting this section and section 3303 of former Title 39, The Postal Service] shall become effective on the one hundred and twentieth day following the date of enactment of this Act [Oct. 11, 1967].
"(c) For the purpose of the application of
§3305. Competitive service; examinations; when held
(a) The Office of Personnel Management shall hold examinations for the competitive service at least twice a year in each State and territory or possession of the United States where there are individuals to be examined.
(b) The Office shall hold an examination for a position to which an appointment has been made within the preceding 3 years, on the application of an individual who qualifies as a preference eligible under section 2108(3)(C)–(G) of this title. The examination shall be held during the quarter following the application.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Jan. 16, 1883, ch. 27, §3 (last 24 words of 6th sentence), |
|
(b) | June 27, 1944, ch. 287, §10, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section amends various sections [§§3305, 3309, 3318] of
Amendments
1979—Subsec. (a).
Subsec. (b).
Effective Date of 1979 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[§3306. Repealed. Pub. L. 95–228, §1, Feb. 10, 1978, 92 Stat. 25 ]
Section,
§3307. Competitive service; maximum-age entrance requirements; exceptions
(a) Except as provided in subsections (b), (c), (d), (e), and (f) of this section appropriated funds may not be used to pay an employee who establishes a maximum-age requirement for entrance into the competitive service.
(b) The Secretary may, with the concurrence of such agent as the President may designate, determine and fix the maximum limit of age within which an original appointment to a position as an air traffic controller may be made.
(c) The Secretary of the Interior may determine and fix the minimum and maximum limits of age within which original appointments to the United States Park Police may be made.
(d) The head of any agency may determine and fix the minimum and maximum limits of age within which an original appointment may be made to a position as a law enforcement officer or firefighter, as defined by section 8331(20) and (21), respectively, of this title.
(e) The head of an agency may determine and fix the maximum age limit for an original appointment to a position as a firefighter or law enforcement officer, as defined by section 8401(14) or (17), respectively, of this title.
(f) The Secretary of Energy may determine and fix the maximum age limit for an original appointment to a position as a nuclear materials courier, as defined by section 8331(27) or 8401(33).
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1956, ch. 452, §302 (less proviso), |
The prohibition is restated in positive form. The word "officers" is omitted as included in "employees" in view of the definition of "employee" in section 2105.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
For definition of Secretary, referred to in subsec. (b), see
Amendments
1998—Subsec. (a).
Subsec. (f).
1988—Subsec. (d).
Subsec. (e).
1980—Subsec. (b).
1974—Subsec. (a).
Subsec. (d).
1972—
Effective Date of 1988 Amendment
Section 103(f) of
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1974 Amendment
Section 7 of
Effective Date of 1972 Amendment
Amendment by
United States Park Police; Age Limits for Original Appointments
Ex. Ord. No. 11817. Office of Personnel Management Designated Agent To Concur With Agency Determination Fixing Age Limits for Making Original Appointments Respecting Law Enforcement Officer and Firefighter Positions
Ex. Ord. No. 11817, Nov. 5, 1974, 39 F.R. 39427, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by
§3308. Competitive service; examinations; educational requirements prohibited; exceptions
The Office of Personnel Management or other examining agency may not prescribe a minimum educational requirement for an examination for the competitive service except when the Office decides that the duties of a scientific, technical, or professional position cannot be performed by an individual who does not have a prescribed minimum education. The Office shall make the reasons for its decision under this section a part of its public records.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §5 (less 1st 2 sentences), |
The prohibition is restated in positive form. The words "The Civil Service Commission or other examining agency" are added because these are the only agencies to which the prohibition could apply.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3309. Preference eligibles; examinations; additional points for
A preference eligible who receives a passing grade in an examination for entrance into the competitive service is entitled to additional points above his earned rating, as follows—
(1) a preference eligible under section 2108(3)(C)–(G) of this title—10 points; and
(2) a preference eligible under section 2108(3)(A)–(B) of this title—5 points.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §3 (less proviso), |
||
Jan. 19, 1948, ch. 1, §2, |
||
Dec. 27, 1950, ch. 1151, §2(a), |
||
July 14, 1952, ch. 728, §2, |
||
Aug. 14, 1953, ch. 485, §1(a) "Sec. 3 (1st sentence)", |
The word "competitive" is added before "service" for clarity. Application of this section to the excepted service in the executive branch and to the government of the District of Columbia, as provided in former section 858, is carried into section 3320.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1997—Par. (2).
1967—Cl. (1).
Cross References
Definition of preference eligibles, see
Points granted by this section to be included in determining order of entry on registers and lists of eligibles, see
Regulations for administration of provisions giving preference to preference eligibles, see
Seniority not affected by transfer of postal ten-point preference eligibles, see
Section Referred to in Other Sections
This section is referred to in
§3310. Preference eligibles; examinations; guards, elevator operators, messengers, and custodians
In examinations for positions of guards, elevator operators, messengers, and custodians in the competitive service, competition is restricted to preference eligibles as long as preference eligibles are available.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §3 (proviso), Aug. 14, 1953, ch. 485, §1(a) "Sec. 3 (2d sentence)", |
The words "in the competitive service" are added for clarity. The reference to "examinations held prior to December 31, 1954, for positions of apprentices" is omitted as obsolete. Application of this section to the excepted service in the executive branch and to the government of the District of Columbia, as provided in former section 858, is carried into section 3320.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Cross References
Restriction on contract for services, see
Section Referred to in Other Sections
This section is referred to in
§3311. Preference eligibles; examinations; crediting experience
In examinations for the competitive service in which experience is an element of qualification, a preference eligible is entitled to credit—
(1) for service in the armed forces when his employment in a similar vocation to that for which examined was interrupted by the service; and
(2) for all experience material to the position for which examined, including experience gained in religious, civic, welfare, service, and organizational activities, regardless of whether he received pay therefor.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §4, |
The words "for the competitive service" are added after "examinations" for clarity. Application of this section to the excepted service in the executive branch and to the government of the District of Columbia, as provided in former section 858, is carried into section 3320.
In paragraph (1), the words "service in the armed forces" are substituted for "in the military or naval service of the United States" on authority of the Act of July 26, 1947, ch. 343, §305(a),
In paragraph (2), the words "material to the position for which examined" are substituted for "valuable" for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§3312. Preference eligibles; physical qualifications; waiver
(a) In determining qualifications of a preference eligible for examination for, appointment in, or reinstatement in the competitive service, the Office of Personnel Management or other examining agency shall waive—
(1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and
(2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.
(b) If an examining agency determines that, on the basis of evidence before it, a preference eligible under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §5 (1st 2 sentences, less so much as relates to promotion, retention, and transfer), |
The section is restated for clarity and conciseness. The words "for which examination is given" and "for which the examination is given" are omitted as surplusage. The application of this section to the excepted service in the executive branch and the government of the District of Columbia is preserved by section 3320.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3313. Competitive service; registers of eligibles
The names of applicants who have qualified in examinations for the competitive service shall be entered on appropriate registers or lists of eligibles in the following order—
(1) for scientific and professional positions in GS–9 or higher, in the order of their ratings, including points added under
(2) for all other positions—
(A) disabled veterans who have a compensable service-connected disability of 10 percent or more, in order of their ratings, including points added under
(B) remaining applicants, in the order of their ratings, including points added under
The names of preference eligibles shall be entered ahead of others having the same rating.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, 287, §7, |
The section is restated for clarity and conciseness. The words "for the competitive service" are added for clarity. Application of this section to the excepted service in the executive branch and to the government of the District of Columbia is carried into section 3320. The words "employment lists" are omitted as included in "appropriate registers or lists of eligibles".
In paragraph (1), the words "in GS–9 or higher" are substituted for "in grade 9 or higher of the General Schedule of the Classification Act of 1949, as amended" in view of the codification of the Act in this title, and, in specific sections 5104 and 5332.
In paragraph (2)(A), the term "disabled veterans" is substituted for "preference eligibles" in view of the definition of "disabled veteran" in section 2108(2).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§3314. Registers; preference eligibles who resigned
A preference eligible who resigns, on request to the Office of Personnel Management, is entitled to have his name placed again on all registers for which he may have been qualified, in the order named by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §16, |
The last 28 words of former section 865 relating to recertification and reappointments are omitted since under sections 3317 and 3318(a) certification and appointment follow from placing on registers.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3315. Registers; preference eligibles furloughed or separated
(a) A preference eligible who has been separated or furloughed without delinquency or misconduct, on request, is entitled to have his name placed on appropriate registers and employment lists for every position for which his qualifications have been established, in the order named by
(b) The Office may declare a preference eligible who has been separated or furloughed without pay under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | June 27, 1944, ch. 287 §15 (1st sentence), |
|
(b) | June 27, 1944, ch. 287, §14 (2d proviso), |
In subsection (a), the term "Executive agency" is substituted for "any agency or project of the Federal Government" on authority of former section 869. The last 28 words of the 1st sentence of former section 864 relating to recertification and reappointment are omitted since under sections 3317 and 3318(a) certification and appointment follow from placing on registers.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1979—Subsec. (a).
Subsec. (b).
Effective Date of 1979 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[§3315a. Repealed. Pub. L. 93–416, §22(c), Sept. 7, 1974, 88 Stat. 1150 ]
Section, added
§3316. Preference eligibles; reinstatement
On request of an appointing authority, a preference eligible who has resigned or who has been dismissed or furloughed may be certified for, and appointed to, a position for which he is eligible in the competitive service, an Executive agency, or the government of the District of Columbia.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §13, |
The word "authority" is substituted for "officer" in recognition of the several appointing authorities named in section 2105(a)(1).
The words "in the competitive service, an Executive agency, or the government of the District of Columbia" are substituted for "in the civil service, Federal, or District of Columbia, or in any establishment, agency, bureau, administration, project, or department, temporary or permanent" on authority of former section 869.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§3317. Competitive service; certification from registers
(a) The Office of Personnel Management shall certify enough names from the top of the appropriate register to permit a nominating or appointing authority who has requested a certificate of eligibles to consider at least three names for appointment to each vacancy in the competitive service.
(b) When an appointing authority, for reasons considered sufficient by the Office, has three times considered and passed over a preference eligible who was certified from a register, certification of the preference eligible for appointment may be discontinued. However, the preference eligible is entitled to advance notice of discontinuance of certification.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §8 (1st sentence and 2d proviso), |
In subsection (a), the word "authority" is substituted for "officer" in recognition of the several appointing authorities named in section 2105(a)(1). The words "in the competitive service" have been added for clarity. Application of the section to the excepted service in the executive branch and to the government of the District of Columbia, as provided in former section 858, is carried into section 3320.
In subsection (b), the word "thereafter" is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1979—Subsec. (a).
Subsec. (b).
1978—Subsec. (b).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3318. Competitive service; selection from certificates
(a) The nominating or appointing authority shall select for appointment to each vacancy from the highest three eligibles available for appointment on the certificate furnished under
(b)(1) If an appointing authority proposes to pass over a preference eligible on a certificate in order to select an individual who is not a preference eligible, such authority shall file written reasons with the Office for passing over the preference eligible. The Office shall make the reasons presented by the appointing authority part of the record of the preference eligible and may require the submission of more detailed information from the appointing authority in support of the passing over of the preference eligible. The Office shall determine the sufficiency or insufficiency of the reasons submitted by the appointing authority, taking into account any response received from the preference eligible under paragraph (2) of this subsection. When the Office has completed its review of the proposed passover, it shall send its findings to the appointing authority and to the preference eligible. The appointing authority shall comply with the findings of the Office.
(2) In the case of a preference eligible described in
(3) A preference eligible not described in paragraph (2) of this subsection, or his representative, shall be entitled, on request, to a copy of—
(A) the reasons submitted by the appointing authority in support of the proposed passover, and
(B) the findings of the Office.
(4) In the case of a preference eligible described in paragraph (2) of this subsection, the functions of the Office under this subsection may not be delegated.
(c) When three or more names of preference eligibles are on a reemployment list appropriate for the position to be filled, a nominating or appointing authority may appoint from a register of eligibles established after examination only an individual who qualifies as a preference eligible under section 2108(3)(C)–(G) of this title.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a), (b) | Jan. 16, 1883, ch. 27, §2(2)2, |
|
June 27, 1944, ch. 287, §8 (less 1st sentence, 2d proviso, and last sentence), |
||
(c) | June 27, 1944, ch. 287, §15 (less 1st sentence), |
The word "authority" is substituted for "officer" in recognition of the several appointing authorities named in section 2105(a)(1).
In subsection (a), the provisions of former section 633(2)2 are merged in the requirement of former section 857, since the certificate must be of the three highest on the register and the nominating or appointing employee may select one of the three.
In subsection (c), the prohibition in former section 864 is restated in positive form. The words "an individual who qualifies as a preference eligible under section 2108(3)(B)–(F)" are substituted for "ten-point preference eligibles".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Subsec. (a).
Subsec. (b).
1967—Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[§3319. Repealed. Pub. L. 95–454, title III, §307(h)(1), Oct. 13, 1978, 92 Stat. 1149 ]
Section,
Effective Date of Repeal
Repeal effective 90 days after Oct. 13, 1978, see section 907 of
§3320. Excepted service; government of the District of Columbia; selection
The nominating or appointing authority shall select for appointment to each vacancy in the excepted service in the executive branch and in the government of the District of Columbia from the qualified applicants in the same manner and under the same conditions required for the competitive service by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §9, |
||
June 27, 1944, ch. 287, §20, |
Former sections 858 and 869 are combined and restated for clarity and to conform to section 3318(a). The word "authority" is substituted for "officer" in recognition of the several appointing authorities named in section 2105(a)(1). The words "shall select for appointment to each vacancy in the expected service in the executive branch and in the government of the District of Columbia from the qualified applicants in the same manner and under the same conditions required for the competitive service by
This section merely continues, and does not in any way change, the requirements in former section 858 relative to the selection of applicants for positions in the excepted service. Under this section, the Federal Bureau of Investigation and other agencies having positions in the excepted service will continue to fill those positions in the same manner that they have been filled under former section 858. Such excepted appointments are appointments authorized to be made without regard to the statutes, rules, and regulations governing appointments in the competitive service and this is not changed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Assistance of United States Civil Service Commission in Developing Merit System for District of Columbia
Section Referred to in Other Sections
This section is referred to in
§3321. Competitive service; probationary period
(a) The President may take such action, including the issuance of rules, regulations, and directives, as shall provide as nearly as conditions of good administration warrant for a period of probation—
(1) before an appointment in the competitive service becomes final; and
(2) before initial appointment as a supervisor or manager becomes final.
(b) An individual—
(1) who has been transferred, assigned, or promoted from a position to a supervisory or managerial position, and
(2) who does not satisfactorily complete the probationary period under subsection (a)(2) of this section,
shall be returned to a position of no lower grade and pay than the position from which the individual was transferred, assigned, or promoted. Nothing in this section prohibits an agency from taking an action against an individual serving a probationary period under subsection (a)(2) of this section for cause unrelated to supervisory or managerial performance.
(c) Subsections (a) and (b) of this section shall not apply with respect to appointments in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Jan. 16, 1883, ch. 27. §2(2)4, |
The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302. Wording is changed because in practice an appointment is not made after probation. The words "or employment" are omitted as included within "appointment".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1988—Subsec. (c).
1978—
Effective Date of 1978 Amendment
Amendment by
Cross References
President's power to grant exceptions from provisions of this section, see
Section Referred to in Other Sections
This section is referred to in
[§3322. Repealed. Pub. L. 95–256, §5(b)(1), Apr. 6, 1978, 92 Stat. 191 ]
Section,
Effective Date of Repeal
Repeal effective Sept. 30, 1978, see section 5(f) of
§3323. Automatic separations; reappointment; reemployment of annuitants
(a) An individual who reaches the retirement age prescribed for automatic separation applicable to him may not be continued in the civil service or in the government of the District of Columbia. An individual separated on account of age under a statute or regulation providing for retirement on account of age is not eligible for appointment in the civil service or in the government of the District of Columbia. The President, when in his judgment the public interest so requires, may except an individual from this subsection by Executive order. This subsection does not apply to an individual named by a statute providing for the continuance of the individual in the civil service or in the government of the District of Columbia.
(b)(1) Notwithstanding other statutes, an annuitant, as defined by section 8331 or 8401, receiving annuity from the Civil Service Retirement and Disability Fund is not barred by reason of his retired status from employment in an appointive position for which the annuitant is qualified. An annuitant so reemployed, other than an annuitant reappointed under paragraph (2) of this subsection, serves at the will of the appointing authority.
(2) Subject to such regulations as the Director of the Office of Personnel Management may prescribe, any annuitant to whom the first sentence of paragraph (1) of this subsection applies and who has served as an administrative law judge pursuant to an appointment under
(c) Notwithstanding subsection (a) of this section, a member of the Foreign Service retired under section 812 of the Foreign Service Act of 1980 is not barred by reason of his retired status from employment in a position in the civil service for which he is qualified. An annuitant so reemployed serves at the will of the appointing authority.
(d) Notwithstanding subsection (a) of this section, the Chief of Engineers of the Army, under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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(a) | June 30, 1932, ch. 314, §204, |
|
(b) | July 31, 1956, ch. 804, §401 "Sec. 13(a)", |
|
(c) | Sept. 8, 1960, |
|
(d) | June 20, 1938, ch. 535, §5, |
In subsection (a), the words "On and after July 1, 1932" are omitted as executed. The words "heretofore or hereafter" are omitted as unnecessary. The words "in the civil service" are substituted for "civilian service in any branch or service of the United States Government" and "to any appointive office, position, or employment under the United States" in view of the definition of "civil service" in section 2101.
In subsection (b), the words "receiving annuity from the Civil Service Retirement and Disability Fund" are substituted for "heretofore or hereafter retired under this chapter". The word "authority" is substituted for "officer" in recognition of the several appointing authorities named in section 2105(a)(1).
In subsection (c), the words "Notwithstanding subsection (a) of this section" are substituted for "Notwithstanding the provisions of
In subsection (d), the words "Notwithstanding subsection (a) of this section" are substituted for "The provisions of
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 812 of the Foreign Service Act of 1980, referred to in subsec. (c), is classified to
Amendments
1992—Subsec. (b)(1).
1984—Subsec. (b).
1980—Subsec. (c).
Effective Date of 1980 Amendment
Amendment by
Cross References
Mandatory separation, see
Section Referred to in Other Sections
This section is referred to in title 22 sections 2386, 2512.
§3324. Appointments to positions classified above GS–15
(a) An appointment to a position classified above GS–15 pursuant to section 5108 may be made only on approval of the qualifications of the proposed appointee by the Office of Personnel Management. This section does not apply to a position—
(1) to which appointment is made by the Chief Judge of the United States Tax Court;
(2) to which appointment is made by the President;
(3) to which appointment is made by the Librarian of Congress; or
(4) the incumbent of which is paid from—
(A) appropriations for the Executive Office of the President under the heading "The White House Office", "Special Projects", "Council of Economic Advisers", or "National Security Council"; or
(B) funds appropriated to the President under the heading "Emergency Fund for the President" by the Treasury, Post Office, and Executive Office Appropriation Act, 1966, or a later statute making appropriations for the same purpose.
(b) The Office may prescribe regulations necessary for the administration of this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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June 20, 1958, Sept. 13, 1960, |
In subsection (a), the words "in GS–16, 17, and 18" are substituted for "in grades 16, 17, and 18 of the General Schedule".
In subsection (a)(2), the words "by the President" are coextensive with and substituted for "by the President alone or by the President by and with the advice and consent of the Senate".
In subsection (a)(4)(A), the words "Office of Emergency Planning" are substituted for "Office of Defense Mobilization" on authority of 1958 Reorg. Plan No. 1, §2(a), effective July 1, 1958,
In subsection (a)(4)(B), the words " 'Emergency Fund for the President' by the Treasury, Post Office, and Executive Office Appropriation Act, 1966" are substituted for " 'Emergency Fund for the President, National Defense' by the General Government Matters Appropriation Act, 1959" to reflect the heading and title of the current appropriation Act.
Subsection (b) is added on authority of former sections 1072 and 1072a, which are carried into section 5115.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section amends
References in Text
The Treasury, Post Office, and Executive Office Appropriation Act, 1966, referred to in subsec. (a)(4)(B), is
Amendments
1992—
Subsec. (a)(1).
1990—
Subsec. (a).
1979—Subsec. (a)(4)(A).
1978—Subsecs. (a), (b).
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Cross References
Antidiscrimination in employment in administration of this section, see
Section Referred to in Other Sections
This section is referred to in
§3325. Appointments to scientific and professional positions
(a) Positions established under
(b) This section does not apply to positions established under section 3104(c).
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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(a) | Oct. 4, 1961, |
|
(b) | Oct. 11, 1962, |
In subsection (a), the words "or its designee" are substituted for "or such officers or agents as the Commission may designate".
For repeal of the Act of Aug. 1, 1947, ch. 433,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1992—Subsec. (b).
1978—Subsec. (a).
Effective Date of 1978 Amendment
Amendment by
§3326. Appointments of retired members of the armed forces to positions in the Department of Defense
(a) For the purpose of this section, "member" and "Secretary concerned" have the meanings given them by
(b) A retired member of the armed forces may be appointed to a position in the civil service in or under the Department of Defense (including a nonappropriated fund instrumentality under the jurisdiction of the armed forces) during the period of 180 days immediately after his retirement only if—
(1) the proposed appointment is authorized by the Secretary concerned or his designee for the purpose, and, if the position is in the competitive service, after approval by the Office of Personnel Management;
(2) the minimum rate of basic pay for the position has been increased under
(3) a state of national emergency exists.
(c) A request by appropriate authority for the authorization, or the authorization and approval, as the case may be, required by subsection (b)(1) of this section shall be accompanied by a statement which shows the actions taken to assure that—
(1) full consideration, in accordance with placement and promotion procedures of the department concerned, was given to eligible career employees;
(2) when selection is by other than certification from an established civil service register, the vacancy has been publicized to give interested candidates an opportunity to apply;
(3) qualification requirements for the position have not been written in a manner designed to give advantage to the retired member; and
(4) the position has not been held open pending the retirement of the retired member.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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(a) | Aug. 19, 1964, |
|
(b), (c) | Aug. 19, 1964, |
In subsection (a), the definition of "armed forces" is omitted as unnecessary in view of the definition in section 2101.
In subsection (b), the words "position in the civil service" are substituted for "civilian office" in view of the definition of "civil service" in section 2101. The words "(including a nonappropriated fund instrumentality under the jurisdiction of the armed forces)" are added on authority of former section 3101(3).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1990—Subsec. (b)(2).
1979—Subsec. (b)(1).
Suspension of Section
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
§3327. Civil service employment information
(a) The Office of Personnel Management shall provide that information concerning opportunities to participate in competitive examinations conducted by, or under authority delegated by, the Office of Personnel Management shall be made available to the employment offices of the United States Employment Service.
(b) Subject to such regulations as the Office may issue, each agency shall promptly notify the Office and the employment offices of the United States Employment Service of—
(1) each vacant position in the agency which is in the competitive service or the Senior Executive Service and for which the agency seeks applications from persons outside the Federal service, and
(2) the period during which applications will be accepted.
As used in this subsection, "agency" means an agency as defined in
(Added
Prior Provisions
A prior section 3327,
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
Section Referred to in Other Sections
This section is referred to in
§3328. Selective Service registration
(a) An individual—
(1) who was born after December 31, 1959, and is or was required to register under section 3 of the Military Selective Service Act (
(2) who is not so registered or knowingly and willfully did not so register before the requirement terminated or became inapplicable to the individual,
shall be ineligible for appointment to a position in an Executive agency.
(b) The Office of Personnel Management, in consultation with the Director of the Selective Service System, shall prescribe regulations to carry out this section. Such regulations shall include provisions prescribing procedures for the adjudication of determinations of whether a failure to register was knowing and willful. Such procedures shall require that such a determination may not be made if the individual concerned shows by a preponderance of the evidence that the failure to register was neither knowing nor willful. Such procedures may provide that determinations of eligibility under the requirements of this section shall be adjudicated by the Executive agency making the appointment for which the eligibility is determined.
(Added
Amendments
1987—Subsec. (b).
Section Referred to in Other Sections
This section is referred to in title 38 section 7403.
§3329. Appointments of military reserve technicians to positions in the competitive service
(a) For the purpose of this section, the term "military reserve technician" has the meaning given such term by section 8401(30).1
(b) The Secretary of Defense shall take such steps as may be necessary to ensure that, except as provided in subsection (d), any military reserve technician who is involuntarily separated from technician service, after completing at least 15 years of such service and 20 years of service creditable under section 1332 1 of title 10, by reason of ceasing to satisfy the condition described in section 8401(30)(B) 1 shall, if appropriate written application is submitted within 1 year after the date of separation, be provided placement consideration in a position described in subsection (c) through a priority placement program of the Department of Defense.
(c)(1) The position for which placement consideration shall be provided to a former military technician under subsection (b) shall be a position—
(A) in either the competitive service or the excepted service;
(B) within the Department of Defense; and
(C) in which the person is qualified to serve, taking into consideration whether the employee in that position is required to be a member of a reserve component of the armed forces as a condition of employment.
(2) To the maximum extent practicable, the position shall also be in a pay grade or other pay classification sufficient to ensure that the rate of basic pay of the former military technician, upon appointment to the position, is not less than the rate of basic pay last received by the former military technician for technician service before separation.
(d) This section shall not apply in the case of—
(1) an involuntary separation for cause on charges of misconduct or delinquency; or
(2) a technician who, as of the date of application under this section, is eligible for immediate (including for disability) or early retirement under subchapter III of
(e) The Secretary of Defense shall, in consultation with the Director of the Office of Personnel Management, prescribe such regulations as may be necessary to carry out this section.
(Added
References in Text
Codification
Another section 3329 was renumbered
Amendments
1997—Subsec. (b).
1996—Subsec. (b).
Subsec. (c).
"(1) in the competitive service;
"(2) within the Department of Defense;
"(3) for which the individual is qualified; and
"(4) the rate of basic pay for which is not less than the rate last received for technician service before separation."
1 See References in Text note below.
§3330. Government-wide list of vacant positions
(a) For the purpose of this section, the term "agency" means an Executive agency, excluding the General Accounting Office and any agency (or unit thereof) whose principal function is the conduct of foreign intelligence or counterintelligence activities, as determined by the President.
(b) The Office of Personnel Management shall establish and keep current a comprehensive list of all announcements of vacant positions in the competitive service within each agency that are to be filled by appointment for more than one year and for which applications are being (or will soon be) accepted from outside the agency's work force.
(c) Included for any position listed shall be—
(1) a brief description of the position, including its title, tenure, location, and rate of pay;
(2) application procedures, including the period within which applications may be submitted and procedures for obtaining additional information; and
(3) any other information which the Office considers appropriate.
(d) The list shall be available to members of the public.
(e) The Office shall prescribe such regulations as may be necessary to carry out this section. Any requirement under this section that agencies notify the Office as to the availability of any vacant positions shall be designed so as to avoid any duplication of information otherwise required to be furnished under
(f) The Office may, to the extent it determines appropriate, charge such fees to agencies for services provided under this section and for related Federal employment information. The Office shall retain such fees to pay the costs of providing such services and information.
(Added
Amendments
1996—
1995—
Subsec. (f).
§3330a. Preference eligibles; administrative redress
(a)(1) A preference eligible who alleges that an agency has violated such individual's rights under any statute or regulation relating to veterans' preference may file a complaint with the Secretary of Labor.
(2)(A) A complaint under this subsection must be filed within 60 days after the date of the alleged violation.
(B) Such complaint shall be in writing, be in such form as the Secretary may prescribe, specify the agency against which the complaint is filed, and contain a summary of the allegations that form the basis for the complaint.
(3) The Secretary shall, upon request, provide technical assistance to a potential complainant with respect to a complaint under this subsection.
(b)(1) The Secretary of Labor shall investigate each complaint under subsection (a).
(2) In carrying out any investigation under this subsection, the Secretary's duly authorized representatives shall, at all reasonable times, have reasonable access to, for purposes of examination, and the right to copy and receive, any documents of any person or agency that the Secretary considers relevant to the investigation.
(3) In carrying out any investigation under this subsection, the Secretary may require by subpoena the attendance and testimony of witnesses and the production of documents relating to any matter under investigation. In case of disobedience of the subpoena or contumacy and on request of the Secretary, the Attorney General may apply to any district court of the United States in whose jurisdiction such disobedience or contumacy occurs for an order enforcing the subpoena.
(4) Upon application, the district courts of the United States shall have jurisdiction to issue writs commanding any person or agency to comply with the subpoena of the Secretary or to comply with any order of the Secretary made pursuant to a lawful investigation under this subsection and the district courts shall have jurisdiction to punish failure to obey a subpoena or other lawful order of the Secretary as a contempt of court.
(c)(1)(A) If the Secretary of Labor determines as a result of an investigation under subsection (b) that the action alleged in a complaint under subsection (a) occurred, the Secretary shall attempt to resolve the complaint by making reasonable efforts to ensure that the agency specified in the complaint complies with applicable provisions of statute or regulation relating to veterans' preference.
(B) The Secretary of Labor shall make determinations referred to in subparagraph (A) based on a preponderance of the evidence.
(2) If the efforts of the Secretary under subsection (b) with respect to a complaint under subsection (a) do not result in the resolution of the complaint, the Secretary shall notify the person who submitted the complaint, in writing, of the results of the Secretary's investigation under subsection (b).
(d)(1) If the Secretary of Labor is unable to resolve a complaint under subsection (a) within 60 days after the date on which it is filed, the complainant may elect to appeal the alleged violation to the Merit Systems Protection Board in accordance with such procedures as the Merit Systems Protection Board shall prescribe, except that in no event may any such appeal be brought—
(A) before the 61st day after the date on which the complaint is filed; or
(B) later than 15 days after the date on which the complainant receives written notification from the Secretary under subsection (c)(2).
(2) An appeal under this subsection may not be brought unless—
(A) the complainant first provides written notification to the Secretary of such complainant's intention to bring such appeal; and
(B) appropriate evidence of compliance with subparagraph (A) is included (in such form and manner as the Merit Systems Protection Board may prescribe) with the notice of appeal under this subsection.
(3) Upon receiving notification under paragraph (2)(A), the Secretary shall not continue to investigate or further attempt to resolve the complaint to which the notification relates.
(e)(1) This section shall not be construed to prohibit a preference eligible from appealing directly to the Merit Systems Protection Board from any action which is appealable to the Board under any other law, rule, or regulation, in lieu of administrative redress under this section.
(2) A preference eligible may not pursue redress for an alleged violation described in subsection (a) under this section at the same time the preference eligible pursues redress for such violation under any other law, rule, or regulation.
(Added
Section Referred to in Other Sections
This section is referred to in
§3330b. Preference eligibles; judicial redress
(a) In lieu of continuing the administrative redress procedure provided under section 3330a(d), a preference eligible may elect, in accordance with this section, to terminate those administrative proceedings and file an action with the appropriate United States district court not later than 60 days after the date of the election.
(b) An election under this section may not be made—
(1) before the 121st day after the date on which the appeal is filed with the Merit Systems Protection Board under section 3330a(d); or
(2) after the Merit Systems Protection Board has issued a judicially reviewable decision on the merits of the appeal.
(c) An election under this section shall be made, in writing, in such form and manner as the Merit Systems Protection Board shall by regulation prescribe. The election shall be effective as of the date on which it is received, and the administrative proceeding to which it relates shall terminate immediately upon the receipt of such election.
(Added
Section Referred to in Other Sections
This section is referred to in
§3330c. Preference eligibles; remedy
(a) If the Merit Systems Protection Board (in a proceeding under section 3330a) or a court (in a proceeding under section 3330b) determines that an agency has violated a right described in section 3330a, the Board or court (as the case may be) shall order the agency to comply with such provisions and award compensation for any loss of wages or benefits suffered by the individual by reason of the violation involved. If the Board or court determines that such violation was willful, it shall award an amount equal to backpay as liquidated damages.
(b) A preference eligible who prevails in an action under section 3330a or 3330b shall be awarded reasonable attorney fees, expert witness fees, and other litigation expenses.
(Added
SUBCHAPTER II—OATH OF OFFICE
§3331. Oath of office
An individual, except the President, elected or appointed to an office of honor or profit in the civil service or uniformed services, shall take the following oath: "I, AB, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter. So help me God." This section does not affect other oaths required by law.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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R.S. §1757. |
All but the quoted language in R.S. §1757 is omitted as obsolete since R.S. §1757 was originally an alternative oath to the oath prescribed in R.S. §1756 which oath was repealed by the Act of May 13, 1884, ch. 46, §2,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§3332. Officer affidavit; no consideration paid for appointment
An officer, within 30 days after the effective date of his appointment, shall file with the oath of office required by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Dec. 11, 1926, ch. 4, §1, |
The section is restated for clarity and conciseness. The term "officer" is coextensive with and substituted for "Each individual appointed hereafter as a civil officer of the United States by the President, by and with the advice and consent of the Senate, or by the President alone, or by a court of law, or by the head of a department" in view of the definition of "officer" in section 2104.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Cross References
Withholding of pay from officer until affidavit required under this section is filed, see
Section Referred to in Other Sections
This section is referred to in
§3333. Employee affidavit; loyalty and striking against the Government
(a) Except as provided by subsection (b) of this section, an individual who accepts office or employment in the Government of the United States or in the government of the District of Columbia shall execute an affidavit within 60 days after accepting the office or employment that his acceptance and holding of the office or employment does not or will not violate
(b) An affidavit is not required from an individual employed by the Government of the United States or the government of the District of Columbia for less than 60 days for sudden emergency work involving the loss of human life or the destruction of property. This subsection does not relieve an individual from liability for violation of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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Aug. 9, 1955, ch. 690, §2, |
||
[Uncodified]. | June 29, 1956, ch. 479, §3 (as applicable to the Act of Aug. 9, 1955, ch. 690, §2, |
The section is restated for clarity and to conform to the style of section 3332.
In subsection (a), the words "after August 9, 1955" are omitted as executed. The words "if the affidavit is executed prior to acceptance of such office or employment" are omitted as unnecessary. The words "From and after July 1, 1956", appearing in the Act of June 29, 1956, are omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 22 section 4001; title 39 section 410.
SUBCHAPTER III—DETAILS, VACANCIES, AND APPOINTMENTS
Amendments
1998—
Annual Report to Congress on Employees or Members of Armed Services Detailed to Executive Agencies; Exemptions
Provisions directing that each Executive agency detailing personnel submit an annual report to Senate and House Committees on Appropriations on all employees or members of armed services detailed to Executive agencies, listing grade, position, and offices of each person detailed and agency to which each such person was detailed, with exemptions for certain intelligence agencies, were contained in the following appropriations acts:
Subchapter Referred to in Other Sections
This subchapter is referred to in title 42 section 6635.
§3341. Details; within Executive or military departments
(a) The head of an Executive department or military department may detail employees among the bureaus and offices of his department, except employees who are required by law to be exclusively engaged on some specific work.
(b)(1) Details under subsection (a) of this section may be made only by written order of the head of the department, and may be for not more than 120 days. These details may be renewed by written order of the head of the department, in each particular case, for periods not exceeding 120 days.
(2) The 120-day limitation in paragraph (1) for details and renewals of details does not apply to the Department of Defense in the case of a detail—
(A) made in connection with the closure or realignment of a military installation pursuant to a base closure law or an organizational restructuring of the Department as part of a reduction in the size of the armed forces or the civilian workforce of the Department; and
(B) in which the position to which the employee is detailed is eliminated on or before the date of the closure, realignment, or restructuring.
(c) For purposes of this section—
(1) the term "base closure law" means—
(A)
(B) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
(C) the Defense Base Closure and Realignment Act of 1990 (
(2) the term "military installation"—
(A) in the case of an installation covered by
(B) in the case of an installation covered by the Act referred to in subparagraph (B) of paragraph (1), has the meaning given such term in section 209(6) of such Act; and
(C) in the case of an installation covered by the Act referred to in subparagraph (C) of that paragraph, has the meaning given such term in section 2910(4) of such Act.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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R.S. §166. |
The words "Executive department" are substituted for "department" as the definition of "department" applicable to this section is coextensive with the definition of "Executive department" in section 101.
The words "or military department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
The word "detail" is coextensive with and is substituted for "alter the distribution". The word "clerks" is omitted as included in "employees". The words "as he may find it necessary and proper to do" and "from time to time" are omitted as surplusage.
This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 209(6) of such Act, referred to in subsec. (c)(2)(B), means section 209(6) of
Section 2910(4) of such Act, referred to in subsec. (c)(2)(C), means section 2910(4) of
Amendments
1996—Subsec. (b).
Subsec. (c).
Effective Date of 1996 Amendment
Section 1033(b) of
Transfer of Appropriated Funds; Funding of Detailed Employees
For restriction on availability of funds for salaries of employees reassigned on temporary detail basis to another position without independent approval by head of employing department or agency, see section 515(3) of
Cross References
Internal Revenue field personnel detailed to duty in District of Columbia, see
Railroad Retirement Board employees, see
Section Referred to in Other Sections
This section is referred to in
[§3342. Repealed. Pub. L. 102–378, §2(13)(A), Oct. 2, 1992, 106 Stat. 1347 ]
Section, added
A prior section 3342,
Effective Date of Repeal
Section repealed effective Oct. 1, 1991, see section 9(b)(3) of
§3343. Details; to international organizations
(a) For the purpose of this section—
(1) "agency", "employee", and "international organization" have the meanings given them by
(2) "detail" means the assignment or loan of an employee to an international organization without a change of position from the agency by which he is employed to an international organization.
(b) The head of an agency may detail, for a period of not more than 5 years, an employee of his agency to an international organization which requests services, except that under special circumstances, where the President determines it to be in the national interest, he may extend the 5-year period for up to an additional 3 years.
(c) An employee detailed under subsection (b) of this section is deemed, for the purpose of preserving his allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed, and he is entitled to pay, allowances, and benefits from funds available to that agency. The authorization and payment of these allowances and other benefits from appropriations available therefor is deemed to comply with
(d) Details may be made under subsection (b) of this section—
(1) without reimbursement to the United States by the international organization; or
(2) with agreement by the international organization to reimburse the United States for all or part of the pay, travel expenses, and allowances payable during the detail, and the reimbursement shall be credited to the appropriation, fund, or account used for paying the amounts reimbursed.
(e) An employee detailed under subsection (b) of this section may be paid or reimbursed by an international organization for allowances or expenses incurred in the performance of duties required by the detail, without regard to
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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(a) | Aug. 28, 1958, |
|
(b)–(e) | Aug. 28, 1958, |
In subsection (a)(2), the words "without a change of position from the agency by which he is employed to an international organization" are substituted for "without the employee's transfer from the Federal agency by which he is employed" to eliminate the necessity of carrying into this section the definition of "transfer" appearing in former section 2331(5).
In subsection (e), the words "
Other definitions appearing in former section 2331 are omitted from this section as inappropriate but are carried into section 3581.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1969—Subsec. (b).
Details to International Organizations
For provisions concerning the providing for details of Federal employees to international organizations and the delegation of Presidential authority, concerning the extension of a detail under this section, to the Secretary of State, see Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under
Cross References
Authority of President to prescribe regulations necessary to carry out this section, see
Section Referred to in Other Sections
This section is referred to in
§3344. Details; administrative law judges
An agency as defined by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
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June 11, 1946, ch. 324, §11 (4th sentence), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Cross References
Additional requirements imposed by statute or otherwise recognized by law not limited or repealed by this section, see
Office of Personnel Management, investigations, reports, and regulations for purposes of this section as relating to administrative law judges, see
Subsequent statutes to be held to supersede or modify this section only to the extent that they do so expressly, see
Section Referred to in Other Sections
This section is referred to in
§3345. Acting officer
(a) If an officer of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1) the first assistant to the office of such officer shall perform the functions and duties of the office temporarily in an acting capacity subject to the time limitations of section 3346;
(2) notwithstanding paragraph (1), the President (and only the President) may direct a person who serves in an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate, to perform the functions and duties of the vacant office temporarily in an acting capacity subject to the time limitations of section 3346; or
(3) notwithstanding paragraph (1), the President (and only the President) may direct an officer or employee of such Executive agency to perform the functions and duties of the vacant office temporarily in an acting capacity, subject to the time limitations of section 3346, if—
(A) during the 365-day period preceding the date of death, resignation, or beginning of inability to serve of the applicable officer, the officer or employee served in a position in such agency for not less than 90 days; and
(B) the rate of pay for the position described under subparagraph (A) is equal to or greater than the minimum rate of pay payable for a position at GS–15 of the General Schedule.
(b)(1) Notwithstanding subsection (a)(1), a person may not serve as an acting officer for an office under this section, if—
(A) during the 365-day period preceding the date of the death, resignation, or beginning of inability to serve, such person—
(i) did not serve in the position of first assistant to the office of such officer; or
(ii) served in the position of first assistant to the office of such officer for less than 90 days; and
(B) the President submits a nomination of such person to the Senate for appointment to such office.
(2) Paragraph (1) shall not apply to any person if—
(A) such person is serving as the first assistant to the office of an officer described under subsection (a);
(B) the office of such first assistant is an office for which appointment is required to be made by the President, by and with the advice and consent of the Senate; and
(C) the Senate has approved the appointment of such person to such office.
(c)(1) Notwithstanding subsection (a)(1), the President (and only the President) may direct an officer who is nominated by the President for reappointment for an additional term to the same office in an Executive department without a break in service, to continue to serve in that office subject to the time limitations in section 3346, until such time as the Senate has acted to confirm or reject the nomination, notwithstanding adjournment sine die.
(2) For purposes of this section and sections 3346, 3347, 3348, 3349, 3349a, and 3349d, the expiration of a term of office is an inability to perform the functions and duties of such office.
(Added
References in Text
The General Schedule, referred to in subsec. (a)(3)(B), is set out under
Prior Provisions
A prior section 3345,
Effective Date
"(1)
"(2)
"(A)
"(B)
"(C)
Ex. Ord. No. 10513. Designation of Officers To Act as Secretary of Labor
Ex. Ord. No. 10513, Jan. 19, 1954, 19 F.R. 369, provided:
I hereby authorize and direct the Assistant Secretaries of Labor and the Solicitor of Labor, in the order designated as hereinafter provided, to perform the duties of the office of the Secretary of Labor in case of the absence, sickness, resignation, or death of both the Secretary of Labor and the Under [Deputy] Secretary of Labor.
The Assistant Secretaries of Labor and the Solicitor of Labor shall act as Secretary of Labor as herein provided (1) in such order as the Secretary of Labor (or the Under [Deputy] Secretary when acting as Secretary) may by order designate from time to time, or (2) if no such designation order is in effect at the time, in the order of the respective dates of their commissions, or in the event that two or more of their commissions bear the same date, in the order in which they shall have taken their oath of office.
This order supersedes Executive Order No. 9968 of June 17, 1948, entitled "Designation of Certain Officers To Act as Secretary of Labor."
Dwight D. Eisenhower.
Ex. Ord. No. 11274. Order of Succession—Department of Housing and Urban Development
Ex. Ord. No. 11274, Mar. 30, 1966, 31 F.R. 5243, as amended by
By virtue of the authority vested in me by Section 179 of the Revised Statutes (
1. In the event of a vacancy in the Office of the Secretary of Housing and Urban Development or during the absence or disability of the Secretary, the Deputy Secretary shall act as Secretary of Housing and Urban Development.
2. During any period when, by reason of absence, disability, or vacancy in office, neither the Secretary nor the Deputy Secretary is available to exercise the powers or perform the duties of the Office of the Secretary, an Assistant Secretary or the General Counsel, in such order as the Secretary may from time to time prescribe, shall act as Secretary of Housing and Urban Development. If no such order of succession is in effect at that time, then they shall act in the order in which they shall have taken office as Assistant Secretaries or General Counsel.
Ex. Ord. No. 11487. Designation of Officers of the Department of the Interior To Act as Secretary of the Interior
Ex. Ord. No. 11487, Oct. 6, 1969, 34 F.R. 15593, as amended by
By virtue of the authority vested in me by [former]
Ex. Ord. No. 11822. Designation of Officers of the Department of the Treasury To Act as Secretary of the Treasury
Ex. Ord. No. 11822, Dec. 10, 1974, 39 F.R. 43275, provided:
By virtue of the authority vested in me by [former]
Gerald R. Ford.
Ex. Ord. No. 11880. Designation of Officers of the Department of Commerce To Act as Secretary of Commerce
Ex. Ord. No. 11880, Oct. 2, 1975, 40 F.R. 46089, as amended by Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12998, Apr. 5, 1996, 61 F.R. 15873, provided:
By virtue of the authority vested in me by [former]
Ex. Ord. No. 11957. Designation of Certain Officers of the Department of Agriculture To Act as Secretary of Agriculture.
Ex. Ord. No. 11957, Jan. 13, 1977, 42 F.R. 3295, provided:
By virtue of the authority vested in me by [former]
Gerald R. Ford.
Ex. Ord. No. 12343. Designation of Certain Officers To Act as Secretary of State
Ex. Ord. No. 12343, Jan. 27, 1982, 47 F.R. 4225, provided:
By the authority vested in me as President of the United States of America by [former]
Ronald Reagan.
Ex. Ord. No. 12879. Order of Succession of Officers To Act as Secretary of the Navy
Ex. Ord. No. 12879, Nov. 8, 1993, 58 F.R. 59929, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including [former]
(a) In the event of the death, permanent disability, or resignation of the Secretary of the Navy, the incumbents holding the positions designated below, in the order indicated, shall act for and exercise the powers of the Secretary of the Navy:
(1) The Under Secretary of the Navy.
(2) The Assistant Secretaries and General Counsel of the Navy, in the order fixed by their length of services as permanent appointees in such positions.
(3) The Chief of Naval Operations.
(4) The Commandant of the Marine Corps.
(b) In the event of the temporary absence or temporary disability of the Secretary of the Navy, the incumbents holding the Department of the Navy positions designated in paragraph (a) of this section, in the order indicated, shall act for and exercise the powers of the Secretary of the Navy.
(1) In these instances, the designation of an Acting Secretary of the Navy applies only for the duration of the Secretary's absence or disability, and does not affect the authority of the Secretary to resume the powers of his office upon his return.
(2) In the event that the Secretary of the Navy is merely absent from this position, the Secretary of the Navy may continue to exercise the powers and fulfill the duties of his office during his absence, notwithstanding the provisions of this order.
(c) Precedence among those officers designated in paragraph (a) of this section who have the same date of appointment shall be determined by the Secretary of the Navy at the time that such appointments are made.
(d) Notwithstanding paragraph (a) and (b) of this section, an officer shall not act for or exercise the powers of the Secretary of the Navy under this order if that officer serves only in an acting capacity in the position that would otherwise entitle him to do so.
William J. Clinton.
Ex. Ord. No. 12908. Order of Succession of Officers To Act as Secretary of the Army
Ex. Ord. No. 12908, Apr. 22, 1994, 59 F.R. 21907, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including [former]
(a) In the event of the death, permanent disability, or resignation of the Secretary of the Army, the incumbents holding the positions designated below, in the order indicated, shall act for and exercise the powers of the Secretary of the Army:
(1) The Under Secretary of the Army.
(2) The Assistant Secretaries and General Counsel of the Army, in the order fixed by their length of service as permanent appointees in such positions.
(3) The Chief of Staff of the Army.
(b) In the event of the absence or temporary disability of the Secretary of the Army, the incumbents holding the Department of the Army positions designated in paragraph (a) of this section, in the order indicated, shall act for and exercise the powers of the Secretary of the Army.
(1) The designation of an Acting Secretary of the Army under this subsection applies only for the duration of the Secretary's absence or disability, and does not affect the authority of the Secretary to resume the powers of the Secretary's office.
(2) When the Secretary of the Army is temporarily absent from the position, the Secretary of the Army may continue to exercise the powers and fulfill the duties of his office during his absence, notwithstanding the provisions of this order.
(c) Precedence among those officers designated in paragraph (a) of this section who have the same date of appointment shall be determined by the Secretary of the Army at the time that such appointments are made.
(d) Notwithstanding paragraphs (a) and (b) of this section, an officer shall not act for or exercise the powers of the Secretary of the Army under this order if that officer serves only in an acting capacity in the position that would otherwise entitle him to do so.
William J. Clinton.
Ex. Ord. No. 12909. Order of Succession of Officers To Act as Secretary of the Air Force
Ex. Ord. No. 12909, Apr. 22, 1994, 59 F.R. 21909, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including [former]
(a) In the event of the death, permanent disability, or resignation of the Secretary of the Air Force, the incumbents holding the positions designated below, in the order indicated, shall act for and exercise the powers of the Secretary of the Air Force:
(1) The Under Secretary of the Air Force.
(2) The Assistant Secretaries and General Counsel of the Air Force, in the order fixed by their length of service as permanent appointees in such positions.
(3) The Chief of Staff of the Air Force.
(b) In the event of the absence or temporary disability of the Secretary of the Air Force, the incumbents holding the Department of the Air Force positions designated in paragraph (a) of this section, in the order indicated, shall act for and exercise the powers of the Secretary of the Air Force.
(1) The designation of an Acting Secretary of the Air Force applies only for the duration of the Secretary's absence or disability, and does not affect the authority of the Secretary to resume the powers of the Secretary's office.
(2) In the event that the Secretary of the Air Force is temporarily absent from the position, the Secretary of the Air Force may continue to exercise the powers and fulfill the duties of his office during the absence, notwithstanding the provisions of this order.
(c) Precedence among those officers designated in paragraph (a) of this section who have the same date of appointment shall be determined by the Secretary of the Air Force at the time that such appointments are made.
(d) Notwithstanding paragraphs (a) and (b) of this section, an officer shall not act for or exercise the powers of the Secretary of the Air Force under this order if that officer serves only in an acting capacity in the position that would otherwise entitle him to do so.
William J. Clinton.
Ex. Ord. No. 13000. Order of Succession of Officers To Act as Secretary of Defense
Ex. Ord. No. 13000, Apr. 24, 1996, 61 F.R. 18483, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including [former]
(1) Deputy Secretary of Defense.
(2) Secretary of the Army.
(3) Secretary of the Navy.
(4) Secretary of the Air Force.
(5) Under Secretary of Defense for Acquisition and Technology [now Under Secretary of Defense for Acquisition, Technology, and Logistics].
(6) Under Secretary of Defense for Policy.
(7) Under Secretary of Defense (Comptroller).
(8) Under Secretary of Defense for Personnel and Readiness.
(9) Deputy Under Secretary of Defense for Acquisition and Technology.
(10) Deputy Under Secretary of Defense for Policy.
(11) Director of Defense Research and Engineering.
(12) The Assistant Secretaries of Defense, the Director of Operational Test and Evaluation, and the General Counsel of the Department of Defense, in the order fixed by their length of service as permanent appointees in such positions.
(13) Under Secretaries of the Army, the Navy, and the Air Force, in the order fixed by their length of service as permanent appointees in such positions.
(14) Assistant Secretaries of the Army, the Navy, and the Air Force whose appointments are vested in the President, and General Counsels of the Army, the Navy, and the Air Force, in the order fixed by their length of service as permanent appointees in such positions.
(b) In the event of the temporary absence or temporary disability of the Secretary of Defense, the incumbents holding the Department of Defense positions designated in paragraph (a) of this section, in the order indicated, shall act for and exercise the powers of the Secretary of Defense as Acting Secretary of Defense.
(1) In these instances, the designation of an Acting Secretary of Defense applies only for the duration of the Secretary's absence or disability, and does not affect the authority of the Secretary to resume the powers of his office upon his return.
(2) In the event that the Secretary of Defense is temporarily absent from his position, the Secretary may continue to exercise the powers and fulfill the duties of this office during his absence, notwithstanding the provisions of this order.
(c) Precedence among those officers designated in paragraphs (a)(12)–(14) of this section who have the same appointment date shall be determined by the Secretary of Defense at the time that such appointments are made.
(d) Notwithstanding paragraphs (a) and (b) of this section, an officer shall not act for or exercise the powers of the Secretary of Defense under this order if that officer serves only in an acting capacity in the position that would otherwise entitle him to do so.
William J. Clinton.
Cross References
Additional pay prohibited for officer performing duties of vacant office as authorized by this section, see
Applicability to Deputy Secretary of Agriculture, see
Section Referred to in Other Sections
This section is referred to in
§3346. Time limitation
(a) Except in the case of a vacancy caused by sickness, the person serving as an acting officer as described under section 3345 may serve in the office—
(1) for no longer than 210 days beginning on the date the vacancy occurs; or
(2) subject to subsection (b), once a first or second nomination for the office is submitted to the Senate, from the date of such nomination for the period that the nomination is pending in the Senate.
(b)(1) If the first nomination for the office is rejected by the Senate, withdrawn, or returned to the President by the Senate, the person may continue to serve as the acting officer for no more than 210 days after the date of such rejection, withdrawal, or return.
(2) Notwithstanding paragraph (1), if a second nomination for the office is submitted to the Senate after the rejection, withdrawal, or return of the first nomination, the person serving as the acting officer may continue to serve—
(A) until the second nomination is confirmed; or
(B) for no more than 210 days after the second nomination is rejected, withdrawn, or returned.
(c) If a vacancy occurs during an adjournment of the Congress sine die, the 210-day period under subsection (a) shall begin on the date that the Senate first reconvenes.
(Added
Prior Provisions
A prior section 3346,
Effective Date
Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of
Cross References
Additional pay prohibited for officer performing duties of vacant office as authorized by this section, see
Section Referred to in Other Sections
This section is referred to in
§3347. Exclusivity
(a) Sections 3345 and 3346 are the exclusive means for temporarily authorizing an acting official to perform the functions and duties of any office of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) for which appointment is required to be made by the President, by and with the advice and consent of the Senate, unless—
(1) a statutory provision expressly—
(A) authorizes the President, a court, or the head of an Executive department, to designate an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
(B) designates an officer or employee to perform the functions and duties of a specified office temporarily in an acting capacity; or
(2) the President makes an appointment to fill a vacancy in such office during the recess of the Senate pursuant to clause 3 of section 2 of article II of the United States Constitution.
(b) Any statutory provision providing general authority to the head of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) to delegate duties statutorily vested in that agency head to, or to reassign duties among, officers or employees of such Executive agency, is not a statutory provision to which subsection (a)(1) applies.
(Added
Prior Provisions
A prior section 3347,
Amendments
1999—Subsec. (b).
Effective Date
Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of
Cross References
Additional pay prohibited for officer performing duties of vacant office as authorized by this section, see
Section Referred to in Other Sections
This section is referred to in
§3348. Vacant office
(a) In this section—
(1) the term "action" includes any agency action as defined under section 551(13); and
(2) the term "function or duty" means any function or duty of the applicable office that—
(A)(i) is established by statute; and
(ii) is required by statute to be performed by the applicable officer (and only that officer); or
(B)(i)(I) is established by regulation; and
(II) is required by such regulation to be performed by the applicable officer (and only that officer); and
(ii) includes a function or duty to which clause (i)(I) and (II) applies, and the applicable regulation is in effect at any time during the 180-day period preceding the date on which the vacancy occurs.
(b) Unless an officer or employee is performing the functions and duties in accordance with sections 3345, 3346, and 3347, if an officer of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) whose appointment to office is required to be made by the President, by and with the advice and consent of the Senate, dies, resigns, or is otherwise unable to perform the functions and duties of the office—
(1) the office shall remain vacant; and
(2) in the case of an office other than the office of the head of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office), only the head of such Executive agency may perform any function or duty of such office.
(c) If the last day of any 210-day period under section 3346 is a day on which the Senate is not in session, the second day the Senate is next in session and receiving nominations shall be deemed to be the last day of such period.
(d)(1) An action taken by any person who is not acting under section 3345, 3346, or 3347, or as provided by subsection (b), in the performance of any function or duty of a vacant office to which this section and sections 3346, 3347, 3349, 3349a, 3349b, and 3349c apply shall have no force or effect.
(2) An action that has no force or effect under paragraph (1) may not be ratified.
(e) This section shall not apply to—
(1) the General Counsel of the National Labor Relations Board;
(2) the General Counsel of the Federal Labor Relations Authority;
(3) any Inspector General appointed by the President, by and with the advice and consent of the Senate;
(4) any Chief Financial Officer appointed by the President, by and with the advice and consent of the Senate; or
(5) an office of an Executive agency (including the Executive Office of the President, and other than the General Accounting Office) if a statutory provision expressly prohibits the head of the Executive agency from performing the functions and duties of such office.
(Added
Prior Provisions
A prior section 3348,
Effective Date
Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of
Section Referred to in Other Sections
This section is referred to in
§3349. Reporting of vacancies
(a) The head of each Executive agency (including the Executive Office of the President, and other than the General Accounting Office) shall submit to the Comptroller General of the United States and to each House of Congress—
(1) notification of a vacancy in an office to which this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d apply and the date such vacancy occurred immediately upon the occurrence of the vacancy;
(2) the name of any person serving in an acting capacity and the date such service began immediately upon the designation;
(3) the name of any person nominated to the Senate to fill the vacancy and the date such nomination is submitted immediately upon the submission of the nomination; and
(4) the date of a rejection, withdrawal, or return of any nomination immediately upon such rejection, withdrawal, or return.
(b) If the Comptroller General of the United States makes a determination that an officer is serving longer than the 210-day period including the applicable exceptions to such period under section 3346 or section 3349a, the Comptroller General shall report such determination immediately to—
(1) the Committee on Governmental Affairs of the Senate;
(2) the Committee on Government Reform and Oversight of the House of Representatives;
(3) the Committees on Appropriations of the Senate and House of Representatives;
(4) the appropriate committees of jurisdiction of the Senate and House of Representatives;
(5) the President; and
(6) the Office of Personnel Management.
(Added
Prior Provisions
A prior section 3349,
Change of Name
Committee on Government Reform and Oversight of House of Representatives changed to Committee on Government Reform of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date
Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of
Section Referred to in Other Sections
This section is referred to in
§3349a. Presidential inaugural transitions
(a) In this section, the term "transitional inauguration day" means the date on which any person swears or affirms the oath of office as President, if such person is not the President on the date preceding the date of swearing or affirming such oath of office.
(b) With respect to any vacancy that exists during the 60-day period beginning on a transitional inauguration day, the 210-day period under section 3346 or 3348 shall be deemed to begin on the later of the date occurring—
(1) 90 days after such transitional inauguration day; or
(2) 90 days after the date on which the vacancy occurs.
(Added
Effective Date
Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of
Section Referred to in Other Sections
This section is referred to in
§3349b. Holdover provisions
Sections 3345 through 3349a shall not be construed to affect any statute that authorizes a person to continue to serve in any office—
(1) after the expiration of the term for which such person is appointed; and
(2) until a successor is appointed or a specified period of time has expired.
(Added
Effective Date
Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of
Section Referred to in Other Sections
This section is referred to in
§3349c. Exclusion of certain officers
Sections 3345 through 3349b shall not apply to—
(1) any member who is appointed by the President, by and with the advice and consent of the Senate to any board, commission, or similar entity that—
(A) is composed of multiple members; and
(B) governs an independent establishment or Government corporation;
(2) any commissioner of the Federal Energy Regulatory Commission;
(3) any member of the Surface Transportation Board; or
(4) any judge appointed by the President, by and with the advice and consent of the Senate, to a court constituted under article I of the United States Constitution.
(Added
Effective Date
Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of
Section Referred to in Other Sections
This section is referred to in
§3349d. Notification of intent to nominate during certain recesses or adjournments
(a) The submission to the Senate, during a recess or adjournment of the Senate in excess of 15 days, of a written notification by the President of the President's intention to submit a nomination after the recess or adjournment shall be considered a nomination for purposes of sections 3345 through 3349c if such notification contains the name of the proposed nominee and the office for which the person is nominated.
(b) If the President does not submit a nomination of the person named under subsection (a) within 2 days after the end of such recess or adjournment, effective after such second day the notification considered a nomination under subsection (a) shall be treated as a withdrawn nomination for purposes of sections 3345 through 3349c.
(Added
Effective Date
Section effective 30 days after Oct. 21, 1998, and applicable to any office that becomes vacant after such effective date, with certain exceptions, see section 151(d) of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER IV—TRANSFERS
§3351. Preference eligibles; transfer; physical qualifications; waiver
In determining qualifications of a preference eligible for transfer to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management or other examining agency shall waive—
(1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and
(2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.
This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §5 (1st 2 sentences, so much as relates to transfer), |
The section is restated to conform to section 3312.
The words "in the competitive service, an Executive agency, or the government of the District of Columbia" are added on authority of former sections 851, 858, and 869, which are carried into this title. The last sentence is added on authority of former section 869.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
1975—
Effective Date of 1978 Amendment
Amendment by
Cross References
Definition of preference eligible, see
Section Referred to in Other Sections
This section is referred to in
§3352. Preference in transfers for employees making certain disclosures
(a) Subject to the provisions of subsections (d) and (e), in filling a position within any Executive agency, the head of such agency may give preference to any employee of such agency, or any other Executive agency, to transfer to a position of the same status and tenure as the position of such employee on the date of applying for a transfer under subsection (b) if—
(1) such employee is otherwise qualified for such position;
(2) such employee is eligible for appointment to such position; and
(3) the Merit Systems Protection Board makes a determination under the provisions of
(b) An employee who meets the conditions described under subsection (a)(1), (2), and (3) may voluntarily apply for a transfer to a position, as described in subsection (a), within the Executive agency employing such employee or any other Executive agency.
(c) If an employee applies for a transfer under the provisions of subsection (b) and the selecting official rejects such application, the selecting official shall provide the employee with a written notification of the reasons for the rejection within 30 days after receiving such application.
(d) An employee whose application for transfer is rejected under the provisions of subsection (c) may request the head of such agency to review the rejection. Such request for review shall be submitted to the head of the agency within 30 days after the employee receives notification under subsection (c). Within 30 days after receiving a request for review, the head of the agency shall complete the review and provide a written statement of findings to the employee and the Merit Systems Protection Board.
(e) The provisions of subsection (a) shall apply with regard to any employee—
(1) for no more than 1 transfer;
(2) for a transfer from or within the agency such employee is employed at the time of a determination by the Merit Systems Protection Board that a prohibited personnel action as described under section 2302(b)(8) was taken against such employee; and
(3) no later than 18 months after such a determination is made by the Merit Systems Protection Board.
(f) Notwithstanding the provisions of subsection (a), no preference may be given to any employee applying for a transfer under subsection (b), with respect to a preference eligible (as defined under section 2108(3)) applying for the same position.
(Added
Effective Date
Section effective 90 days following Apr. 10, 1989, see section 11 of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER V—PROMOTION
§3361. Promotion; competitive service; examination
An individual may be promoted in the competitive service only if he has passed an examination or is specifically excepted from examination under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Jan. 16, 1883, ch. 27, §7 (as applicable to promotion), |
The words "That after the expiration of six months from the passage of this act" are omitted as executed. The words "in the competitive service" are substituted for "in either of the said classes now existing, or that may be arranged hereunder pursuant to said rules" because of the definition of "competitive service" in section 2102. In the second sentence, the words "the provisions of this title governing the competitive service" are substituted for "this act".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§3362. Promotion; effect of incentive award
An agency, in qualifying and selecting an employee for promotion, shall give due weight to an incentive award under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1208, §304(f), |
The word "incentive" is added for clarification. The second sentence is added on authority of former section 2122, which is carried into section 4501.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§3363. Preference eligibles; promotion; physical qualifications; waiver
In determining qualifications of a preference eligible for promotion to another position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management or other examining agency shall waive—
(1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and
(2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.
This section does not apply to an appointment required by Congress to be confirmed by, or made with the advice and consent of, the Senate.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §5 (1st 2 sentences, so much as relates to promotion), |
The section is restated to conform to section 3312.
The words "in the competitive service, an Executive agency, or the government of the District of Columbia" are added on authority of former sections 851, 858, and 869, which are carried into this title. The last sentence is added on authority of former section 869.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
1975—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[§3364. Repealed. Pub. L. 94–183, §2(6), Dec. 31, 1975, 89 Stat. 1057 ]
Section,
SUBCHAPTER VI—ASSIGNMENTS TO AND FROM STATES
Subchapter Referred to in Other Sections
This subchapter is referred to in title 22 section 4081; title 41 section 419; title 42 section 11708.
§3371. Definitions
For the purpose of this subchapter—
(1) "State" means—
(A) a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and a territory or possession of the United States; and
(B) an instrumentality or authority of a State or States as defined in subparagraph (A) of this paragraph (1) and a Federal-State authority or instrumentality;
(2) "local government" means—
(A) any political subdivision, instrumentality, or authority of a State or States as defined in subparagraph (A) of paragraph (1);
(B) any general or special purpose agency of such a political subdivision, instrumentality, or authority; and
(C) any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village as defined in the Alaska Native Claims Settlement Act (
(3) "Federal agency" means an Executive agency, military department, a court of the United States, the Administrative Office of the United States Courts, the Library of Congress, the Botanic Garden, the Government Printing Office, the Congressional Budget Office, the United States Postal Service, the Postal Rate Commission, the Office of the Architect of the Capitol, the Office of Technology Assessment, and such other similar agencies of the legislative and judicial branches as determined appropriate by the Office of Personnel Management; and
(4) "other organization" means—
(A) a national, regional, State-wide, area-wide, or metropolitan organization representing member State or local governments;
(B) an association of State or local public officials;
(C) a nonprofit organization which has as one of its principal functions the offering of professional advisory, research, educational, or development services, or related services, to governments or universities concerned with public management; or
(D) a federally funded research and development center.
(Added
References in Text
The Alaska Native Claims Settlement Act, referred to in par. (2)(C), is
Section 4 of the Indian Self-Determination and Education Assistance Act, referred to in par. (2)(C), is classified to
Amendments
1994—Par. (4)(D).
1990—Par. (2)(C).
1988—Par. (2)(C).
1978—Par. (1)(A).
Pars. (3), (4).
1975—Par. (2)(C).
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section 404 of title IV of
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Declaration of Purpose
Section 401 of title IV of
Section Referred to in Other Sections
This section is referred to in
§3372. General provisions
(a) On request from or with the concurrence of a State or local government, and with the consent of the employee concerned, the head of a Federal agency may arrange for the assignment of—
(1) an employee of his agency, other than a noncareer appointee, limited term appointee, or limited emergency appointee (as such terms are defined in
(2) an employee of a State or local government to his agency;
for work of mutual concern to his agency and the State or local government that he determines will be beneficial to both. The period of an assignment under this subchapter may not exceed two years. However, the head of a Federal agency may extend the period of assignment for not more than two additional years. In the case of assignments made to Indian tribes or tribal organizations as defined in section 3371(2)(C) of this subchapter,1 the head of an executive agency may extend the period of assignment for any period of time where it is determined that this will continue to benefit both the executive agency and the Indian tribe or tribal organization. If the assigned employee fails to complete the period of assignment and there is another employee willing and available to do so, the Secretary may assign the employee to complete the period of assignment and may execute an agreement with the tribal organization with respect to the replacement employee. That agreement may provide for a different period of assignment as may be agreed to by the Secretary and the tribal organization.
(b) This subchapter is authority for and applies to the assignment of—
(1) an employee of a Federal agency to an institution of higher education;
(2) an employee of an institution of higher education to a Federal agency;
(3) an employee of a Federal agency to any other organization; and
(4) an employee of an other organization to a Federal agency.
(c)(1) An employee of a Federal agency may be assigned under this subchapter only if the employee agrees, as a condition of accepting an assignment under this subchapter, to serve in the civil service upon the completion of the assignment for a period equal to the length of the assignment.
(2) Each agreement required under paragraph (1) of this subsection shall provide that in the event the employee fails to carry out the agreement (except for good and sufficient reason, as determined by the head of the Federal agency from which assigned) the employee shall be liable to the United States for payment of all expenses (excluding salary) of the assignment. The amount shall be treated as a debt due the United States.
(d) Where the employee is assigned to a tribal organization, the employee shall be eligible for promotions, periodic step-increases, and additional step-increases, as defined in
(e) Under regulations prescribed pursuant to
(1) an assignment of an employee of a Federal agency to an other organization or an institution of higher education, and an employee so assigned, shall be treated in the same way as an assignment of an employee of a Federal agency to a State or local government, and an employee so assigned, is treated under the provisions of this subchapter governing an assignment of an employee of a Federal agency to a State or local government, except that the rate of pay of an employee assigned to a federally funded research and development center may not exceed the rate of pay that such employee would be paid for continued service in the position in the Federal agency from which assigned; and
(2) an assignment of an employee of an other organization or an institution of higher education to a Federal agency, and an employee so assigned, shall be treated in the same way as an assignment of an employee of a State or local government to a Federal agency, and an employee so assigned, is treated under the provisions of this subchapter governing an assignment of an employee of a State or local government to a Federal agency.
(Added
Amendments
1994—Subsec. (e).
1993—Subsec. (d).
1988—Subsecs. (a), (d).
1983—Subsec. (a).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
1975—Subsec. (a).
Subsec. (d).
Effective Date of 1993 Amendment
Section 3(c) of
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 16 sections 1a–2, 471j; title 25 section 450i.
1 So in original. Probably should be "this title,".
§3373. Assignment of employees to State or local governments
(a) An employee of a Federal agency assigned to a State or local government under this subchapter is deemed, during the assignment, to be either—
(1) on detail to a regular work assignment in his agency; or
(2) on leave without pay from his position in the agency.
An employee assigned either on detail or on leave without pay remains an employee of his agency. The Federal Tort Claims Act and any other Federal tort liability statute apply to an employee so assigned. The supervision of the duties of an employee on detail may be governed by agreement between the Federal agency and the State or local government concerned.
(b) The assignment of an employee of a Federal agency either on detail or on leave without pay to a State or local government under this subchapter may be made with or without reimbursement by the State or local government for the travel and transportation expenses to or from the place of assignment and for the pay, or supplemental pay, or a part thereof, of the employee during assignment. Any reimbursements shall be credited to the appropriation of the Federal agency used for paying the travel and transportation expenses or pay.
(c) For any employee so assigned and on leave without pay—
(1) if the rate of pay for his employment by the State or local government is less than the rate of pay he would have received had he continued in his regular assignment in the agency, he is entitled to receive supplemental pay from the agency in an amount equal to the difference between the State or local government rate and the agency rate;
(2) he is entitled to annual and sick leave to the same extent as if he had continued in his regular assignment in the agency; and
(3) he is entitled, notwithstanding other statutes—
(A) to continuation of his insurance under
(B) to credit the period of his assignment under this subchapter toward periodic step-increases, retention, and leave accrual purposes, and, on payment into the Civil Service Retirement and Disability Fund or other applicable retirement system of the percentage of his State or local government pay, and of his supplemental pay, if any, that would have been deducted from a like agency pay for the period of the assignment and payment by the Federal agency into the fund or system of the amount that would have been payable by the agency during the period of the assignment with respect to a like agency pay, to treat his service during that period as service of the type performed in the agency immediately before his assignment; and
(C) for the purpose of subchapter I of
However, an employee or his beneficiary may not receive benefits referred to in subparagraphs (A) and (B) of this paragraph (3), based on service during an assignment under this subchapter for which the employee or, if he dies without making such an election, his beneficiary elects to receive benefits, under any State or local government retirement or insurance law or program, which the Office of Personnel Management determines to be similar. The Federal agency shall deposit currently in the Employee's Life Insurance Fund, the Employee's Health Benefits Fund or other applicable health benefits system, respectively, the amount of the Government's contributions on account of service with respect to which employee contributions are collected as provided in subparagraphs (A) and (B) of this paragraph (3).
(d)(1) An employee so assigned and on leave without pay who dies or suffers disability as a result of personal injury sustained while in the performance of his duty during an assignment under this subchapter shall be treated, for the purpose of subchapter I of
(2) An employee who elects to receive benefits from a State or local government may not receive an annuity under subchapter III of
(A) bar the right of a claimant to the greater benefit conferred by either the State or local government or subchapter III of
(B) deny to an employee an annuity accruing to him under subchapter III of
(C) deny any concurrent benefit to him from the State or local government on account of the death of another individual.
(Added
References in Text
The Federal Tort Claims Act, referred to in subsec. (a), is classified to
Amendments
1992—
1978—Subsecs. (a), (b).
Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3374. Assignments of employees from State or local governments
(a) An employee of a State or local government who is assigned to a Federal agency under an arrangement under this subchapter may—
(1) be appointed in the Federal agency without regard to the provisions of this title governing appointment in the competitive service for the agreed period of the assignment; or
(2) be deemed on detail to the Federal agency.
(b) An employee given an appointment is entitled to pay in accordance with
(1) subchapter III of
(2)
(3)
The above exceptions shall not apply to non-Federal employees who are covered by chapters 83, 87, and 89 of this title by virtue of their non-Federal employment immediately before assignment and appointment under this section.
(c) During the period of assignment, a State or local government employee on detail to a Federal agency—
(1) is not entitled to pay from the agency, except to the extent that the pay received from the State or local government is less than the appropriate rate of pay which the duties would warrant under the applicable pay provisions of this title or other applicable authority;
(2) is deemed an employee of the agency for the purpose of
(3) is subject to such regulations as the President may prescribe.
The supervision of the duties of such an employee may be governed by agreement between the Federal agency and the State or local government concerned. A detail of a State or local government employee to a Federal agency may be made with or without reimbursement by the Federal agency for the pay, or a part thereof, of the employee during the period of assignment, or for the contribution of the State or local government, or a part thereof, to employee benefit systems.
(d) A State or local government employee who is given an appointment in a Federal agency for the period of the assignment or who is on detail to a Federal agency and who suffers disability or dies as a result of personal injury sustained while in the performance of his duty during the assignment shall be treated, for the purpose of subchapter I of
(e) If a State or local government fails to continue the employer's contribution to State or local government retirement, life insurance, and health benefit plans for a State or local government employee who is given an appointment in a Federal agency, the employer's contributions covering the State or local government employee's period of assignment, or any part thereof, may be made from the appropriations of the Federal agency concerned.
(Added
References in Text
The Federal Tort Claims Act, referred to in subsec. (c)(2), is classified to
Amendments
1982—Subsec. (c)(2).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 21 section 878; title 25 section 2804.
§3375. Travel expenses
(a) Appropriations of a Federal agency are available to pay, or reimburse, a Federal or State or local government employee in accordance with—
(1) subchapter I of
(A) travel, including a per diem allowance, to and from the assignment location;
(B) a per diem allowance at the assignment location during the period of the assignment; and
(C) travel, including a per diem allowance, while traveling on official business away from his designated post of duty during the assignment when the head of the Federal agency considers the travel in the interest of the United States;
(2)
(3)
(4)
(5)
(6)
(b) Expenses specified in subsection (a) of this section, other than those in paragraph (1)(C), may not be allowed in connection with the assignment of a Federal or State or local government employee under this subchapter, unless and until the employee agrees in writing to complete the entire period of his assignment or one year, whichever is shorter, unless separated or reassigned for reasons beyond his control that are acceptable to the Federal agency concerned. If the employee violates the agreement, the money spent by the United States for these expenses is recoverable from the employee as a debt due the United States. The head of the Federal agency concerned may waive in whole or in part a right of recovery under this subsection with respect to a State or local government employee on assignment with the agency.
(c) Appropriations of a Federal agency are available to pay expenses under
(Added
Amendments
1996—Subsec. (a)(3).
Subsec. (a)(4).
Subsec. (a)(5).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 22 section 4081.
§3376. Regulations
The President may prescribe regulations for the administration of this subchapter.
(Added
Ex. Ord. No. 11589. Delegation of Functions to Office of Personnel Management
Ex. Ord. No. 11589, Apr. 1, 1971, 36 F.R. 6343, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by
(a) The authority of the President under
(b) The authority of the President under section 205 (a)(4) of the Federal Civil Defense Act of 1950, as amended (
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER VII—AIR TRAFFIC CONTROLLERS
§3381. Training
(a) An air traffic controller with 5 years of service as a controller who is to be removed as a controller because the Secretary has determined—
(1) he is medically disqualified for duties as a controller;
(2) he is unable to maintain technical proficiency as a controller; or
(3) such removal is necessary for the preservation of the physical or mental health of the controller;
is entitled to not more than the full-time equivalent of 2 years of training.
(b) During a period of training under this section, a controller shall be—
(1) retained at his last assigned grade and rate of basic pay as a controller;
(2) entitled to each increase in rate of basic pay provided under law; and
(3) excluded from staffing limitations otherwise applicable.
(c) Upon completion of training under this section, a controller may be—
(1) assigned to other duties in the Executive agency in which the controller is employed;
(2) released for transfer to another Executive agency; or
(3) involuntarily separated from the service.
The involuntary separation of a controller under this subsection is not a removal for cause on charges of misconduct, delinquency, or inefficiency for purposes of section 5595 or
(d) The Secretary, without regard to section 3324(a) and (b) of title 31, may pay, or reimburse a controller for, all or part of the necessary expenses of training provided under this section, including expenses authorized to be paid under
(e) Except as provided by subsection (d) of this section, the provisions of
(f) The provisions of this section shall not otherwise affect the authority of the Secretary to provide training under
(Added
References in Text
For definition of Secretary, referred to in subsec. (a), see
Subsecs. (a) and (b) of
Amendments
1994—Subsec. (e).
1982—Subsec. (d).
1980—Subsec. (a).
Subsec. (c)(1).
Effective Date of 1994 Amendment
Section 2(c) of
Effective Date of 1980 Amendment
Amendment by
Effective Date
Section 10 of
Report to Congress
Section 9 of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§3382. Involuntary separation for retirement
An air traffic controller who is eligible for immediate retirement under
(1) aviation safety;
(2) the efficient control of air traffic; or
(3) the preservation of the physical or mental health of the controller.
(Added
References in Text
For definition of Secretary, referred to in text, see
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
Effective Date
Section effective on 90th day after May 16, 1972, see section 10 of
Section Referred to in Other Sections
This section is referred to in
§3383. Determinations; review procedures
(a) An air traffic controller subject to a determination by the Secretary under section 3381(a) or
(b) If the Secretary does not rescind his determination within 15 days after his receipt of the written request filed by the controller under subsection (a) of this section, the Secretary shall immediately convene a board of review, consisting of—
(1) a person designated by the controller;
(2) a representative of the Executive agency in which the controller is employed designated by the Secretary; and
(3) a representative of the Merit Systems Protection Board, designated by the Chairman, who shall serve as chairman of the board of review.
(c) The board of review shall review evidence supporting and inconsistent with the determination of the Secretary and, within a period of 30 days after being convened, shall issue its findings and furnish copies thereof to the Secretary and the controller. The board may approve or rescind the determination of the Secretary. A decision by the board under this subsection is final. The Secretary shall take such action as may be necessary to carry out the decision of the board.
(d) Except as provided under
(Added
References in Text
For definition of Secretary, referred to in text, see
Amendments
1980—Subsec. (a).
Subsec. (b)(2).
Subsec. (d).
1978—Subsec. (b)(3).
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section effective on 90th day after May 16, 1972, see section 10 of
Section Referred to in Other Sections
This section is referred to in
§3384. Regulations
The Secretary is authorized to issue regulations to carry out the provisions of this subchapter.
(Added
References in Text
For definition of Secretary, referred to in text, see
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
Effective Date
Section effective on 90th day after May 16, 1972, see section 10 of
§3385. Effect on other authority
This subchapter shall not limit the authority of the Secretary to reassign temporarily an air traffic controller to other duties with or without notice, in the interest of the safe or efficient separation and control of air traffic or the physical or mental health of a controller; or to reassign permanently or separate a controller under any other provision of law.
(Added
References in Text
For definition of Secretary, referred to in text, see
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
Effective Date
Section effective on 90th day after May 16, 1972, see section 10 of
SUBCHAPTER VIII—APPOINTMENT, REASSIGNMENT, TRANSFER, AND DEVELOPMENT IN THE SENIOR EXECUTIVE SERVICE
Prior Provisions
A prior subchapter VIII, added
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3391. Definitions
For the purpose of this subchapter, "agency", "Senior Executive Service position", "senior executive", "career appointee", "limited term appointee", "limited emergency appointee", "noncareer appointee", and "general position" have the meanings set forth in
(Added
Prior Provisions
A prior section 3391, added
Effective Date
Subchapter effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§3392. General appointment provisions
(a) Qualification standards shall be established by the head of each agency for each Senior Executive Service position in the agency—
(1) in accordance with requirements established by the Office of Personnel Management, with respect to standards for career reserved positions, and
(2) after consultation with the Office, with respect to standards for general positions.
(b) Not more than 30 percent of the Senior Executive Service positions authorized under
(c)(1) If a career appointee is appointed by the President, by and with the advice and consent of the Senate, to a civilian position in the executive branch which is not in the Senior Executive Service, and the rate of basic pay payable for which is equal to or greater than the rate payable for level V of the Executive Schedule, the career appointee may elect (at such time and in such manner as the Office may prescribe) to continue to have the provisions of this title relating to basic pay, performance awards, awarding of ranks, severance pay, leave, and retirement apply as if the career appointee remained in the Senior Executive Service position from which he was appointed. Such provisions shall apply in lieu of the provisions which would otherwise apply—
(A) to the extent provided under regulations prescribed by the Office, and
(B) so long as the appointee continues to serve under such Presidential appointment.
(2) An election under paragraph (1) may also be made by any career appointee who is appointed to a civilian position in the executive branch—
(A) which is not in the Senior Executive Service; and
(B) which is covered by the Executive Schedule, or the rate of basic pay for which is fixed by statute at a rate equal to 1 of the levels of the Executive Schedule.
An election under this paragraph shall remain effective so long as the appointee continues to serve in the same position.
(d) Appointment or removal of a person to or from any Senior Executive Service position in an independent regulatory commission shall not be subject, directly or indirectly, to review or approval by any officer or entity within the Executive Office of the President.
(Added
References in Text
The Executive Schedule, referred to in subsec. (c), is set out as
Prior Provisions
A prior section 3392, added
Amendments
1990—Subsec. (c).
Effective Date of 1990 Amendment
Section 7(b)(1) of
Election by Persons Previously Appointed; Retroactive Performance Awards
Section 7(b)(2), (3) of
"(2)
"(A) on the date of enactment of this Act [July 17, 1990], is serving in a civilian position in the executive branch which—
"(i) is not in the Senior Executive Service; and
"(ii) satisfies section 3392(c)(2)(B) of such title 5 (as so amended);
"(B) was appointed to that position on or after November 1, 1986, and has served continuously in such position since then;
"(C) was a career appointee (within the meaning of section 3132(a)(4) of such title 5) immediately before having been so appointed; and
"(D) was not, based on such individual's appointment to the position described in subparagraph (A), eligible to make an election under section 3392(c) of such title 5 (as then in effect).
An election under this paragraph shall be effective as of the date of appointment to the position described in subparagraph (A).
"(3)
[
§3393. Career appointments
(a) Each agency shall establish a recruitment program, in accordance with guidelines which shall be issued by the Office of Personnel Management, which provides for recruitment of career appointees from—
(1) all groups of qualified individuals within the civil service; or
(2) all groups of qualified individuals whether or not within the civil service.
(b) Each agency shall establish one or more executive resources boards, as appropriate, the members of which shall be appointed by the head of the agency from among employees of the agency or commissioned officers of the uniformed services serving on active duty in such agency. The boards shall, in accordance with merit staffing requirements established by the Office, conduct the merit staffing process for career appointees, including—
(1) reviewing the executive qualifications of each candidate for a position to be filled by a career appointee; and
(2) making written recommendations to the appropriate appointing authority concerning such candidates.
(c)(1) The Office shall establish one or more qualifications review boards, as appropriate. It is the function of the boards to certify the executive qualifications of candidates for initial appointment as career appointees in accordance with regulations prescribed by the Office. Of the members of each board more than one-half shall be appointed from among career appointees. Appointments to such boards shall be made on a non-partisan basis, the sole selection criterion being the professional knowledge of public management and knowledge of the appropriate occupational fields of the intended appointee.
(2) The Office shall, in consultation with the various qualification review boards, prescribe criteria for establishing executive qualifications for appointment of career appointees. The criteria shall provide for—
(A) consideration of demonstrated executive experience;
(B) consideration of successful participation in a career executive development program which is approved by the Office; and
(C) sufficient flexibility to allow for the appointment of individuals who have special or unique qualities which indicate a likelihood of executive success and who would not otherwise be eligible for appointment.
(d) An individual's initial appointment as a career appointee shall become final only after the individual has served a 1-year probationary period as a career appointee.
(e) Each career appointee shall meet the executive qualifications of the position to which appointed, as determined in writing by the appointing authority.
(f) The title of each career reserved position shall be published in the Federal Register.
(g) A career appointee may not be removed from the Senior Executive Service or civil service except in accordance with the applicable provisions of
(Added
Prior Provisions
A prior section 3393, added
Amendments
1990—Subsec. (g).
1989—Subsec. (g).
1984—Subsec. (b).
1981—Subsec. (g).
Effective Date of 1989 Amendments
Amendment by
Amendment by
Effective Date of 1984 Amendment
Section 307 of title III of
Effective Date of 1981 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3393a. Recertification
(a)(1) In order to ensure that the performance of career appointees demonstrates the excellence needed to meet the goals of the Senior Executive Service, as set forth in section 3131, each career appointee shall be subject to recertification by the employing agency in accordance with the provisions of this section.
(2) Beginning in calendar year 1991, and recurring every third calendar year thereafter, the head of an agency shall determine a time during such calendar year when the performance of career appointees in the agency shall be subject to recertification. Recertification shall not be required of any career appointee who has not been continuously employed as a senior executive for the 156 weeks preceding the time determined for the recertification. For the purposes of the previous sentence, a break in service of 6 months shall be deemed not to interrupt the 156 weeks of continuous employment.
(b) The supervising official of each career appointee shall submit to a performance review board established by the agency under section 4314 a recommendation as to whether the career appointee's performance justifies recertification as a senior executive, based on such factors as the career appointee's performance ratings for the 3 preceding years under section 4314, any award or other recognition received by the career appointee, any developmental activities of the career appointee, and any other relevant factors. The supervising official's recommendation shall reflect that official's view as to whether the career appointee's overall performance over the 3 preceding years has demonstrated the excellence expected of a senior executive in relation to the written performance requirements for the career appointee's senior executive position as established under section 4312(b). The career appointee may submit to the performance review board a statement of accomplishments and other documentation giving evidence of the quality of the career appointee's performance.
(c)(1) After considering the recommendation and other information received under subsection (b), the performance review board shall submit to the appointing authority a recommendation as to whether the career appointee should be recertified, conditionally recertified, or not recertified as a senior executive. If the board proposes to recommend conditional recertification or nonrecertification, then the affected appointee shall be so notified and shall have the opportunity to appear before the performance review board. If the board is recommending that the career appointee be recertified, the board may also recommend that the career appointee's rate of basic pay be increased to a higher rate established under section 5382. If the board is recommending that the career appointee be conditionally recertified, the board may recommend that the career appointee's pay be reduced to the next lower rate established under section 5382. The board shall also provide to the appointing authority the recommendation and other information received under subsection (b).
(2) More than one-half of the members of a performance review board under this section shall consist of career appointees. The requirement of the preceding sentence shall not apply in any case in which the Office of Personnel Management determines that there exists an insufficient number of career appointees available to comply with the requirement.
(d)(1) If the appointing authority determines that the career appointee's performance during the preceding 3 years demonstrates the excellence expected of a senior executive, the appointing authority shall recommend to the head of the agency that the career appointee be recertified as a senior executive.
(2) If the appointing authority determines that the career appointee's performance has not demonstrated the excellence expected of a senior executive, the appointing authority shall recommend to the head of the agency that the career appointee be conditionally recertified as a senior executive or not be recertified as a senior executive.
(e)(1) If the head of the agency decides that the career appointee's performance warrants recertification as a senior executive, the career appointee shall continue in the Senior Executive Service. If a career appointee is recertified as a senior executive, the career appointee's rate of basic pay may not be reduced at the time of recertification.
(2) If the head of the agency decides that the career appointee's performance does not warrant full recertification, but does warrant conditional recertification, the career appointee—
(A) shall remain a career appointee in the Senior Executive Service;
(B) shall be subject to continuing close review of the career appointee's performance by the supervising official in coordination with an executive resources board established under section 3393, in accordance with a performance improvement plan developed by the supervising official and subject to the approval of the executive resources board;
(C) may, if the head of the agency so determines, be reduced to the next lower rate of basic pay established under section 5382; and
(D) shall be removed from the Senior Executive Service if the career appointee is not recertified as a senior executive at the end of the 12-month period following the conditional recertification.
If, at the end of the 12-month period following the conditional recertification, the career appointee is recertified as a senior executive, any reduction that was made in the career appointee's rate of basic pay under subparagraph (C) shall be restored prospectively.
(3) If the head of the agency decides that the career appointee's performance does not demonstrate that the career appointee qualifies for recertification or conditional recertification as a senior executive, the career appointee shall be removed from the Senior Executive Service in accordance with section 3592.
(f) The Office of Personnel Management shall prescribe standards and procedures to ensure consistency and fairness for the process of recertification under this section.
(Added
Effective Date
Section effective Jan. 1, 1991, see section 506(d) of
Section Referred to in Other Sections
This section is referred to in
§3394. Noncareer and limited appointments
(a) Each noncareer appointee, limited term appointee, and limited emergency appointee shall meet the qualifications of the position to which appointed, as determined in writing by the appointing authority.
(b) An individual may not be appointed as a limited term appointee or as a limited emergency appointee without the prior approval of the exercise of such appointing authority by the Office of Personnel Management.
(Added
Prior Provisions
A prior section 3394, added
Section Referred to in Other Sections
This section is referred to in
§3395. Reassignment and transfer within the Senior Executive Service
(a)(1) A career appointee in an agency—
(A) may, subject to paragraph (2) of this subsection, be reassigned to any Senior Executive Service position in the same agency for which the appointee is qualified; and
(B) may transfer to a Senior Executive Service position in another agency for which the appointee is qualified, with the approval of the agency to which the appointee transfers.
(2)(A) Except as provided in subparagraph (B) of this paragraph, a career appointee may be reassigned to any Senior Executive Service position only if the career appointee receives written notice of the reassignment at least 15 days before the effective date of such reassignment.
(B)(i) A career appointee may not be reassigned to a Senior Executive Service position outside the career appointee's commuting area unless—
(I) before providing notice under subclause (II) of this clause (or seeking or obtaining the consent of the career appointee under clause (ii) of this subparagraph to waive such notice), the agency consults with the career appointee on the reasons for, and the appointee's preferences with respect to, the proposed reassignment; and
(II) the career appointee receives written notice of the reassignment, including a statement of the reasons for the reassignment, at least 60 days before the effective date of the reassignment.
(ii) Notice of reassignment under clause (i)(II) of this subparagraph may be waived with the written consent of the career appointee involved.
(b)(1) Notwithstanding
(2) Notwithstanding
(c) A limited term appointee or a limited emergency appointee may not be appointed to, or continue to hold, a position under such an appointment if, within the preceding 48 months, the individual has served more than 36 months, in the aggregate, under any combination of such types of appointment.
(d) A noncareer appointee in an agency—
(1) may be reassigned to any general position in the agency for which the appointee is qualified; and
(2) may transfer to a general position in another agency with the approval of the agency to which the appointee transfers.
(e)(1) Except as provided in paragraph (2) of this subsection, a career appointee in an agency may not be involuntarily reassigned—
(A) within 120 days after an appointment of the head of the agency; or
(B) within 120 days after the appointment in the agency of the career appointee's most immediate supervisor who—
(i) is a noncareer appointee; and
(ii) has the authority to make an initial appraisal of the career appointee's performance under subchapter II of
(2) Paragraph (1) of this subsection does not apply with respect to—
(A) any reassignment under
(B) any disciplinary action initiated before an appointment referred to in paragraph (1) of this subsection.
(3) For the purpose of applying paragraph (1) to a career appointee, any days (not to exceed a total of 60) during which such career appointee is serving pursuant to a detail or other temporary assignment apart from such appointee's regular position shall not be counted in determining the number of days that have elapsed since an appointment referred to in subparagraph (A) or (B) of such paragraph.
(Added
Prior Provisions
A prior section 3395, added
Amendments
1991—Subsec. (e)(1)(B)(ii).
Subsec. (e)(3).
1984—Subsec. (a)(2).
Effective Date of 1984 Amendment
Amendment by
§3396. Development for and within the Senior Executive Service
(a) The Office of Personnel Management shall establish programs for the systematic development of candidates for the Senior Executive Service and for the continuing development of senior executives, or require agencies to establish such programs which meet criteria prescribed by the Office.
(b) The Office shall assist agencies in the establishment of programs required under subsection (a) of this section and shall monitor the implementation of the programs. If the Office finds that any agency's program under subsection (a) of this section is not in compliance with the criteria prescribed under such subsection, it shall require the agency to take such corrective action as may be necessary to bring the program into compliance with the criteria.
(c)(1) The head of an agency may grant a sabbatical to any career appointee for not to exceed 11 months in order to permit the appointee to engage in study or uncompensated work experience which will contribute to the appointee's development and effectiveness. A sabbatical shall not result in loss of, or reduction in, pay, leave to which the career appointee is otherwise entitled, credit for time or service, or performance or efficiency rating. The head of the agency may authorize in accordance with
(2) A sabbatical under this subsection may not be granted to any career appointee—
(A) more than once in any 10-year period;
(B) unless the appointee has completed 7 years of service—
(i) in one or more positions in the Senior Executive Service;
(ii) in one or more other positions in the civil service the level of duties and responsibilities of which are equivalent to the level of duties and responsibilities of positions in the Senior Executive Service; or
(iii) in any combination of such positions, except that not less than 2 years of such 7 years of service must be in the Senior Executive Service; and
(C) if the appointee is eligible for voluntary retirement with a right to an immediate annuity under
Any period of assignment under
(3)(A) Any career appointee in an agency may be granted a sabbatical under this subsection only if the appointee agrees, as a condition of accepting the sabbatical, to serve in the civil service upon the completion of the sabbatical for a period of 2 consecutive years.
(B) Each agreement required under subparagraph (A) of this paragraph shall provide that in the event the career appointee fails to carry out the agreement (except for good and sufficient reason as determined by the head of the agency who granted the sabbatical) the appointee shall be liable to the United States for payment of all expenses (including salary) of the sabbatical. The amount shall be treated as a debt due the United States.
(d)(1) The Office shall encourage and assist individuals to improve their skills and increase their contribution by service in a variety of agencies as well as by accepting temporary placements in State or local governments or in the private sector.
(2) In order to promote the professional development of career appointees and to assist them in achieving their maximum levels of proficiency, the Office shall, in a manner consistent with the needs of the Government provide appropriate informational services and otherwise encourage career appointees to take advantage of any opportunities relating to—
(A) sabbaticals;
(B) training; or
(C) details or other temporary assignments in other agencies, State or local governments, or the private sector.
(Added
Prior Provisions
A prior section 3396, added
Amendments
1991—Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
§3397. Regulations
The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
(Added
Prior Provisions
A prior section 3397, added
A prior section 3398, added
CHAPTER 34 —PART-TIME CAREER EMPLOYMENT OPPORTUNITIES
Amendments
1995—
1978—
Chapter Referred to in Other Sections
This chapter is referred to in title 38 section 7407.
§3401. Definitions
For the purpose of this chapter—
(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; and
(F) the Office of the Architect of the Capitol; but does not include—
(i) a Government controlled corporation;
(ii) the Tennessee Valley Authority;
(iii) the Virgin Islands Corporation;
(iv) the Federal Bureau of Investigation, Department of Justice;
(v) the Central Intelligence Agency; and
(vi) the National Security Agency, Department of Defense; and
(2) "part-time career employment" means part-time employment of 16 to 32 hours a week (or 32 to 64 hours during a biweekly pay period in the case of a flexible or compressed work schedule under subchapter II of
(Added
Amendments
1996—Par. (1).
1992—Par. (1)(iii).
1983—Par. (1)(iii) to (viii).
1982—Par. (2).
1978—
Effective Date of 1983 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Short Title of 1978 Amendment
Section 1 of
Congressional Findings and Purpose
Section 2 of
"(a) The Congress finds that—
"(1) many individuals in our society possess great productive potential which goes unused because they cannot meet the requirements of a standard workweek; and
"(2) part-time permanent employment—
"(A) provides older individuals with a gradual transition into retirement;
"(B) provides employment opportunities to handicapped individuals or others who require a reduced workweek;
"(C) provides parents opportunities to balance family responsibilities with the need for additional income;
"(D) benefits students who must finance their own education or vocational training;
"(E) benefits the Government, as an employer, by increasing productivity and job satisfaction, while lowering turnover rates and absenteeism, offering management more flexibility in meeting work requirements, and filling shortages in various occupations; and
"(F) benefits society by offering a needed alternative for those individuals who require or prefer shorter hours (despite the reduced income), thus increasing jobs available to reduce unemployment while retaining the skills of individuals who have training and experience.
"(b) The purpose of this Act [enacting this chapter, amending
Section Referred to in Other Sections
This section is referred to in
§3402. Establishment of part-time career employment programs
(a)(1) In order to promote part-time career employment opportunities in all grade levels, the head of each agency, by regulation, shall establish and maintain a program for part-time career employment within such agency. Such regulations shall provide for—
(A) the review of positions which, after such positions become vacant, may be filled on a part-time career employment basis (including the establishment of criteria to be used in identifying such positions);
(B) procedures and criteria to be used in connection with establishing or converting positions for part-time career employment, subject to the limitations of
(C) annual goals for establishing or converting positions for part-time career employment, and a timetable setting forth interim and final deadlines for achieving such goals;
(D) a continuing review and evaluation of the part-time career employment program established under such regulations; and
(E) procedures for notifying the public of vacant part-time positions in such agency, utilizing facilities and funds otherwise available to such agency for the dissemination of information.
(2) The head of each agency shall provide for communication between, and coordination of the activities of, the individuals within such agency whose responsibilities relate to the part-time career employment program established within that agency.
(3) Regulations established under paragraph (1) of this subsection may provide for such exceptions as may be necessary to carry out the mission of the agency.
(b)(1) The Office of Personnel Management, by regulation, shall establish and maintain a program under which it shall, on the request of an agency, advise and assist such agency in the establishment and maintenance of its part-time career employment program under this chapter.
(2) The Office shall conduct a research and demonstration program with respect to part-time career employment within the Federal Government. In particular, such program shall be directed to—
(A) determining the extent to which part-time career employment may be used in filling positions which have not traditionally been open for such employment on any extensive basis, such as supervisory, managerial, and professional positions;
(B) determining the extent to which job-sharing arrangements may be established for various occupations and positions; and
(C) evaluating attitudes, benefits, costs, efficiency, and productivity associated with part-time career employment, as well as its various sociological effects as a mode of employment.
(Added
Amendments
1978—
Subsec. (a)(1)(B).
Subsec. (b)(1).
Subsec. (b)(2).
Effective Date of 1978 Amendment
Amendment by
§3403. Limitations
(a) An agency shall not abolish any position occupied by an employee in order to make the duties of such position available to be performed on a part-time career employment basis.
(b) Any person who is employed on a full-time basis in an agency shall not be required to accept part-time employment as a condition of continued employment.
(Added
Amendments
1978—
Section Referred to in Other Sections
This section is referred to in
§3404. Personnel ceilings
In administering any personnel ceiling applicable to an agency (or unit therein), an employee employed by such agency on a part-time career employment basis shall be counted as a fraction which is determined by dividing 40 hours into the average number of hours of such employee's regularly scheduled workweek. This section shall become effective on October 1, 1980.
(Added
Amendments
1978—
§3405. Nonapplicability
(a) If, on the date of enactment of this chapter, there is in effect with respect to positions within an agency a collective-bargaining agreement which establishes the number of hours of employment a week, then this chapter shall not apply to those positions.
(b) This chapter shall not require part-time career employment in positions the rate of basic pay for which is fixed at a rate equal to or greater than the minimum rate payable under section 5376.
(Added
References in Text
The date of enactment of this chapter, referred to in subsec. (a), is the date of the enactment of
Amendments
1990—Subsec. (b).
1978—
Subsecs. (a), (b).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§3406. Regulations
Before any regulation is prescribed under this chapter, a copy of the proposed regulation shall be published in the Federal Register and an opportunity provided to interested parties to present written comment and, where practicable, oral comment. Initial regulations shall be prescribed not later than 180 days after the date of the enactment of this chapter.
(Added
References in Text
The date of the enactment of this chapter, referred to in text, is the date of the enactment of
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
[§3407. Repealed. Pub. L. 104–66, title III, §3001(a)(1), Dec. 21, 1995, 109 Stat. 733 ]
Section, added
§3408. Employee organization representation
If an employee organization has been accorded exclusive recognition with respect to a unit within an agency, then the employee organization shall be entitled to represent all employees within that unit employed on a part-time career employment basis.
(Added
Amendments
1978—
CHAPTER 35 —RETENTION PREFERENCE, RESTORATION, AND REEMPLOYMENT
SUBCHAPTER I—RETENTION PREFERENCE
[SUBCHAPTER II—REPEALED]
SUBCHAPTER III—REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY
SUBCHAPTER IV—REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL ORGANIZATION
SUBCHAPTER V—REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE SENIOR EXECUTIVE SERVICE
SUBCHAPTER VI—REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE FOREIGN SERVICE
Amendments
1994—
1984—
1981—
1980—
1978—
SUBCHAPTER I—RETENTION PREFERENCE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§3501. Definitions; application
(a) For the purpose of this subchapter, except section 3504—
(1) "active service" has the meaning given it by
(2) "a retired member of a uniformed service" means a member or former member of a uniformed service who is entitled, under statute, to retired, retirement, or retainer pay on account of his service as such a member; and
(3) a preference eligible employee who is a retired member of a uniformed service is considered a preference eligible only if—
(A) his retirement was based on disability—
(i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in the line of duty during a period of war as defined by
(B) his service does not include twenty or more years of full-time active service, regardless of when performed but not including period of active duty for training; or
(C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days.
(b) Except as otherwise provided by this subsection and
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)(1), (2) | Aug. 19, 1964, |
|
(a)(3) | June 27, 1944, ch. 287, §12(b); added Aug. 19, 1964, |
In subsection (a), the definitions of "uniformed services" and "armed forces" are omitted as unnecessary in view of the definitions in section 2101. The definition of "civilian office" is omitted as unnecessary as subsection (b) of this section states the application of this subchapter.
In subsection (a)(3), the words "Notwithstanding any other provision of this Act" are omitted as unnecessary. The words "preference eligible employee" are coextensive with and substituted for "employee * * * included under section 2 of this Act" in view of the definition of preference eligible in section 2108. In paragraph (3)(C), the words "on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed" are substituted for "immediately prior to the effective date of this subsection, he was employed in a civilian office to which this Act applies and, on and after such date, he continues to be employed in any such office".
Subsection (b) is supplied on authority of sections 2, 12, and 20 of the Act of June 27, 1944, ch. 287,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preference to the report.
Amendments
1991—Subsec. (a)(3)(A)(ii).
1988—Subsec. (b).
1978—Subsec. (b).
1975—Subsec. (b).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3502. Order of retention
(a) The Office of Personnel Management shall prescribe regulations for the release of competing employees in a reduction in force which give due effect to—
(1) tenure of employment;
(2) military preference, subject to
(3) length of service; and
(4) efficiency or performance ratings.
In computing length of service, a competing employee—
(A) who is not a retired member of a uniformed service is entitled to credit for the total length of time in active service in the armed forces;
(B) who is a retired member of a uniformed service is entitled to credit for—
(i) the length of time in active service in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(ii) the total length of time in active service in the armed forces if he is included under
(C) is entitled to credit for—
(i) service rendered as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or association of producers described in section 10(b) of the Agricultural Adjustment Act; and
(ii) service rendered as an employee described in section 2105(c) if such employee moves or has moved, on or after January 1, 1966, without a break in service of more than 3 days, from a position in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard to a position in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).
(b) A preference eligible described in
(c) An employee who is entitled to retention preference and whose performance has not been rated unacceptable under a performance appraisal system implemented under
(d)(1) Except as provided under subsection (e), an employee may not be released, due to a reduction in force, unless—
(A) such employee and such employee's exclusive representative for collective-bargaining purposes (if any) are given written notice, in conformance with the requirements of paragraph (2), at least 60 days before such employee is so released; and
(B) if the reduction in force would involve the separation of a significant number of employees, the requirements of paragraph (3) are met at least 60 days before any employee is so released.
(2) Any notice under paragraph (1)(A) shall include—
(A) the personnel action to be taken with respect to the employee involved;
(B) the effective date of the action;
(C) a description of the procedures applicable in identifying employees for release;
(D) the employee's ranking relative to other competing employees, and how that ranking was determined; and
(E) a description of any appeal or other rights which may be available.
(3) Notice under paragraph (1)(B)—
(A) shall be given to—
(i) the appropriate State dislocated worker unit or office (referred to in section 311(b)(2) of the Job Training Partnership Act), or the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998; and
(ii) the chief elected official of such unit or each of such units of local government as may be appropriate; and
(B) shall consist of written notification as to—
(i) the number of employees to be separated from service due to the reduction in force (broken down by geographic area or on such other basis as may be required under paragraph (4));
(ii) when those separations will occur; and
(iii) any other matter which might facilitate the delivery of rapid response assistance or other services under the Job Training Partnership Act or under title I of the Workforce Investment Act of 1998.
(4) The Office shall prescribe such regulations as may be necessary to carry out this subsection. The Office shall consult with the Secretary of Labor on matters relating to the Job Training Partnership Act or title I of the Workforce Investment Act of 1998.
(e)(1) Subject to paragraph (3), upon request submitted under paragraph (2), the President may, in writing, shorten the period of advance notice required under subsection (d)(1)(A) and (B), with respect to a particular reduction in force, if necessary because of circumstances not reasonably foreseeable.
(2) A request to shorten notice periods shall be submitted to the President by the head of the agency involved, and shall indicate the reduction in force to which the request pertains, the number of days by which the agency head requests that the periods be shortened, and the reasons why the request is necessary.
(3) No notice period may be shortened to less than 30 days under this subsection.
(f)(1) The Secretary of Defense or the Secretary of a military department may—
(A) separate from service any employee who volunteers to be separated under this subparagraph even though the employee is not otherwise subject to separation due to a reduction in force; and
(B) for each employee voluntarily separated under subparagraph (A), retain an employee in a similar position who would otherwise be separated due to a reduction in force.
(2) The separation of an employee under paragraph (1)(A) shall be treated as an involuntary separation due to a reduction in force.
(3) An employee with critical knowledge and skills (as defined by the Secretary concerned) may not participate in a voluntary separation under paragraph (1)(A) if the Secretary concerned determines that such participation would impair the performance of the mission of the Department of Defense or the military department concerned.
(4) The regulations prescribed under this section shall incorporate the authority provided in this subsection.
(5) No authority under paragraph (1) may be exercised after September 30, 2001.
(
Amendment of Subsection (d)
(1) in paragraph (3)—
(A) in subparagraph (A), by striking clause (i) and inserting the following:
(i) the State or entity designated by the State to carry out rapid response activities under section 134(a)(2)(A) of the Workforce Investment Act of 1998; and
(B) in subparagraph (B)(iii), by striking "under the Job Training Partnership Act or"; and
(2) in paragraph (4), in the second sentence, by striking "the Job Training Partnership Act or".
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | June 27, 1944, ch. 287, §12 (less 2d and 3d provisos), Aug. 19, 1964, |
|
(b) | June 27, 1944, ch. 287, §12 (2d proviso), |
In subsection (a), the words "reduction in force" are substituted for "reduction in personnel". The words "in any civilian service of any Federal agency" are omitted as unnecessary because of the application stated in section 3501. In the second sentence, the word "total" in the phrase "length of service" is omitted for consistency with paragraph (3), and the words "subject to subsection (c) of this section" are omitted as unnecessary in view of the supplied distinction between a competing employee who is not a retired member of a uniformed service and such an employee who is a retired member of a uniformed service. In paragraph (A), the words "total length of time in active service" are substituted for "length of time spent in active service" for consistency with paragraph (B)(ii).
In subsections (a) and (b), the references to "performance" ratings and ratings of "satisfactory" are added on authority of former section 2005, which is carried into section 4304.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 8(b) of the Soil Conservation and Allotment Act, referred to in subsec. (a)(C)(i), probably means section 8(b) of the Soil Conservation and Domestic Allotment Act, which is classified to
Section 10(b) of the Agricultural Adjustment Act, referred to in subsec. (a)(C)(i), is classified to
The Job Training Partnership Act, referred to in subsec. (d)(3), (4), is
The Workforce Investment Act of 1998, referred to in subsec. (d)(3), (4), is
Amendments
1998—Subsec. (d)(3)(A)(i).
Subsec. (d)(3)(B)(iii).
Subsec. (d)(4).
1996—Subsec. (a)(C)(ii).
Subsec. (f).
"(f)(1) The Secretary of Defense or the Secretary of a military department may—
"(A) release in a reduction in force an employee who volunteers for the release even though the employee is not otherwise subject to release in the reduction in force under the criteria applicable under the other provisions of this section; and
"(B) for each employee voluntarily released in the reduction in force under subparagraph (A), retain an employee in a similar position who would otherwise be released in the reduction in force under such criteria.
"(2) A voluntary release of an employee in a reduction in force pursuant to paragraph (1) shall be treated as an involuntary release in the reduction in force.
"(3) An employee with critical knowledge and skills (as defined by the Secretary concerned) may not participate in a voluntary release under paragraph (1) if the Secretary concerned determines that such participation would impair the performance of the mission of the Department of Defense or the military department concerned.
"(4) The regulations prescribed under this section shall incorporate the authority provided in this subsection.
"(5) The authority under paragraph (1) may not be exercised after September 30, 1996."
1992—Subsecs. (d), (e).
1990—Subsec. (a)(C).
1986—Subsec. (a)(C).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
1968—Subsec. (a).
Subsec. (a)(C).
Effective Date of 1998 Amendment
"(1)
"(2)
"(A)
"(B)
Effective Date of 1996 Amendment
Section 1043(d)(2) of
"(A) take effect on the date of the enactment of this Act [Feb. 10, 1996]; and
"(B) apply with respect to any reduction in force carried out on or after such date."
Effective Date of 1992 Amendment
Section 4433(a)(2) of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Regulations
For provisions relating to promulgation of regulations necessary to carry out amendment by section 1043(d)(1) of
Interagency Placement Program for Federal Employees Affected by Reductions in Force
"(a)
"(2) For purposes of paragraph (1), an interagency placement program is a program that provides a system to require the offering of a position in an agency to an employee of another agency affected by a reduction in force if—
"(A) the position cannot be filled through a placement program of the agency in which the position is located;
"(B) the employee to whom the offer is made is qualified for the offered position; and
"(C) the geographic location of the offered position is within the commuting area of—
"(i) the residence of the employee; or
"(ii) the employee's present or last-held position.
"(3) The Director shall carry out this subsection in consultation with the Secretary of Defense.
"(4) The Director shall seek comments from the heads of all appropriate Federal agencies in conducting the study required by paragraph (1).
"(5) Not later than six months after the date of the enactment of this Act [Oct. 5, 1994], the Director shall submit to Congress a report on the results of the study required by paragraph (1) and on any action taken by the Director under subsection (b).
"(b)
"(2) If the Director establishes a program pursuant to paragraph (1), the report required by subsection (a)(5) shall identify each agency that does not agree to participate in the program and the reasons of the head of that agency for not agreeing to participate.
"(c)
"(1) The term 'agency' means an Executive agency as defined in
"(2) The term 'Federal employees affected by reductions in force' means Federal employees who are separated, or are scheduled to be separated, from service under a reduction in force pursuant to—
"(A) regulations prescribed under
"(B) procedures established under section 3595 of such title."
Special Rule on Application of Subsections (d) and (e)
Section 4433(b) of
"(1) The provisions of section 3502(d) and (e) of
"(2) The employees described in this paragraph are those employees of the Department of Defense who are to be separated, due to a reduction in force described in paragraph (1), effective on or after the last day of the 90-day period referred to in subsection (a)(2) [see Effective Date of 1992 Amendment note above] and before February 1, 2000.
"(3) Nothing in this subsection shall prevent the application of the amendment made by subsection (a) [amending this section] with respect to an employee if—
"(A) the preceding paragraphs of this subsection do not apply with respect to such employee; and
"(B) the amendment made by subsection (a) would otherwise apply with respect to such employee.
"(4) The Secretary of Defense shall prescribe such regulations as may be necessary to carry out this subsection."
Indian Preference Laws Applicable to Bureau of Indian Affairs and Indian Health Service Positions
Applicability of Indian preference laws to Bureau of Indian Affairs and Indian Health Service positions for purposes of reduction-in-force procedures under subsec. (a) of this section, see
Ex. Ord. No. 12828. Delegation of Certain Personnel Management Authorities
Ex. Ord. No. 12828, Jan. 5, 1993, 58 F.R. 2965, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(1) The authority of the President under
(2) The authority of the President under
George Bush.
Section Referred to in Other Sections
This section is referred to in
§3503. Transfer of functions
(a) When a function is transferred from one agency to another, each competing employee in the function shall be transferred to the receiving agency for employment in a position for which he is qualified before the receiving agency may make an appointment from another source to that position.
(b) When one agency is replaced by another, each competing employee in the agency to be replaced shall be transferred to the replacing agency for employment in a position for which he is qualified before the replacing agency may make an appointment from another source to that position.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §12 (3d proviso), |
In subsection (a), the words "a function" are substituted for "any or all of the functions". The word "receiving" is substituted for "replacing" in the phrase "receiving agency" to avoid confusion with subsection (b).
In subsections (a) and (b), the word "first" in the phrase "shall first be transferred" is omitted as redundant in view of the subsequent limitation imposed by the words following "before". The words "make an appointment from another source to that position" are substituted for "appoint additional employees from any other source for such position".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1979—Subsecs. (a), (b).
1978—Subsecs. (a), (b).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3504. Preference eligibles; retention; physical qualifications; waiver
(a) In determining qualifications of a preference eligible for retention in a position in the competitive service, an Executive agency, or the government of the District of Columbia, the Office of Personnel Management or other examining agency shall waive—
(1) requirements as to age, height, and weight, unless the requirement is essential to the performance of the duties of the position; and
(2) physical requirements if, in the opinion of the Office or other examining agency, after considering the recommendation of an accredited physician, the preference eligible is physically able to perform efficiently the duties of the position.
(b) If an examining agency determines that, on the basis of evidence before it, a preference eligible described in
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §5 (1st 2 sentences, so much as relates to retention), |
The words "in the competitive service, an Executive agency, or the government of the District of Columbia" are added on authority of former sections 851, 858, and 869 which are carried into this title. The words "preference eligible" are substituted for "veteran".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[SUBCHAPTER II—REPEALED]
[§3551. Repealed. Pub. L. 103–353, §2(b)(2)(B), Oct. 13, 1994, 108 Stat. 3169 ]
Section,
Effective Date of Repeal
Repeal effective with respect to reemployments initiated on or after first day after 60-day period beginning Oct. 13, 1994, with transition rules, see section 8 of
SUBCHAPTER III—REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY
§3571. Reinstatement or restoration; individuals suspended or removed for national security
An individual suspended or removed under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 26, 1950, ch. 803, §1 (1st 31 words of 3d proviso), |
The words "suspended or removed under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
SUBCHAPTER IV—REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL ORGANIZATION
§3581. Definitions
For the purpose of this subchapter—
(1) "agency" means—
(A) an Executive agency;
(B) a military department; and
(C) an employing authority in the legislative branch;
(2) "employee" means an employee in or under an agency;
(3) "international organization" means a public international organization or international-organization preparatory commission in which the Government of the United States participates;
(4) "transfer" means the change of position by an employee from an agency to an international organization; and
(5) "reemployment" means—
(A) the reemployment of an employee under
(B) the reemployment of a Congressional employee within 90 days from his separation from an international organization;
following a term of employment not extending beyond the period named by the head of the agency at the time of consent to transfer or, in the absence of a named period, not extending beyond the first 5 consecutive years, or any extension thereof, after entering the employ of the international organization.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 28, 1958, |
In paragraphs (1)(A) and (B), the terms "Executive agency" and "military department" are coextensive with and substituted for "any department or agency in the executive branch of the United States Government including independent establishments and Government owned or controlled corporations" in view of the definitions in sections 105 and 102.
In paragraph (2), the word "employee" is substituted for "any civilian appointive officer or employee" in view of the definition of "employee" in section 2105. The words "in or under an agency" are substituted for "in or under the executive or the legislative branch of the United States Government".
The definition of "Congressional employee" in former section 2331(4) is omitted as unnecessary because the term "Congressional employee", defined for the purpose of this title in section 2107, is coextensive with the definition in former section 2331(4).
The definition of "Detail" in former section 2331(6) is omitted from this section as inappropriate but is carried into section 3343.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1975—Subsec. (5)(A).
1969—Par. (5).
Delegation of Authority
Authority of President to extend a transfer of an employee under this section delegated to Secretary of State, see section 3 of Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§3582. Rights of transferring employees
(a) An employee serving under an appointment not limited to 1 year or less who transfers to an international organization with the consent of the head of his agency is entitled—
(1) to retain coverage, rights, and benefits under any system established by law for the retirement of employees, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the international organization are currently deposited in the system's fund or depository; and the period during which coverage, rights, and benefits are retained under this paragraph is deemed creditable service under the system, except that such service shall not be considered creditable service for the purpose of any retirement system for transferring personnel, if such service forms the basis, in whole or in part, for an annuity or pension under the retirement system of the international organization;
(2) to retain coverage, rights, and benefits under chapters 87 and 89 of this title, if necessary employee deductions and agency contributions in payment for the coverage, rights, and benefits for the period of employment with the international organization are currently deposited in the Employees' Life Insurance Fund and the Employees' Health Benefits Fund, as applicable, and the period during which coverage, rights, and benefits are retained under this paragraph is deemed service as an employee under chapters 87 and 89 of this title;
(3) to retain coverage, rights, and benefits under subchapter I of
(4) to elect to retain to his credit all accumulated and current accrued annual leave to which entitled at the time of transfer which would otherwise be liquidated by a lump-sum payment. On his request at any time before reemployment, he shall be paid for the annual leave retained. If he receives a lump-sum payment and is reemployed within 6 months after transfer, he shall refund to the agency the amount of the lump-sum payment. This paragraph does not operate to cause a forfeiture of retained annual leave following reemployment or to deprive an employee of a lump-sum payment to which he would otherwise be entitled.
(b) An employee entitled to the benefits of subsection (a) of this section is entitled to be reemployed within 30 days of his application for reemployment in his former position or a position of like seniority, status, and pay in the agency from which he transferred, if—
(1) he is separated from the international organization within 5 years, or any extension thereof, after entering on duty with the international organization or within such shorter period as may be named by the head of the agency at the time of consent to transfer; and
(2) he applies for reemployment not later than 90 days after the separation.
On reemployment, an employee entitled to the benefits of subsection (a) is entitled to the rate of basic pay to which the employee would have been entitled had the employee remained in the civil service. On reemployment, the agency shall restore the sick leave account of the employee, by credit or charge, to its status at the time of transfer. The period of separation caused by the employment of the employee with the international organization and the period necessary to effect reemployment are deemed creditable service for all appropriate civil service employment purposes. This subsection does not apply to a congressional employee.
(c) This section applies only with respect to so much of a period of employment with an international organization as does not exceed 5 years, or any extension thereof, or such shorter period named by the head of the agency at the time of consent to transfer, except that for retirement and insurance purposes this section continues to apply during the period after separation from the international organization in which—
(1) an employee, except a Congressional employee, is properly exercising or could exercise the reemployment right established by subsection (b) of this section; or
(2) a Congressional employee is effecting or could effect a reemployment.
During that reemployment period, the employee is deemed on leave without pay for retirement and insurance purposes.
(d) During the employee's period of service with the international organization, the agency from which the employee is transferred shall make contributions for retirement and insurance purposes from the appropriations or funds of that agency so long as contributions are made by the employee.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 28, 1958, |
In subsection (a), the words "Notwithstanding the provisions of any law, Executive order, or regulation" are omitted as unnecessary. In paragraph (2), the words "an employee under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (b).
1975—Subsec. (b).
1969—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Effective Date of 1998 Amendment
Delegation of Authority
Authority of President under subsec. (b) of this section delegated to Office of Personnel Management, and authority to define and specify pay, allowances, etc., to be paid by the agency, delegated to Secretary of State, see section 3 of Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§3583. Computations
A computation under this subchapter before reemployment is made in the same manner as if the employee had received basic pay, or basic pay plus additional pay in the case of a Congressional employee, at the rate at which it would have been payable had the employee continued in the position in which he was serving at the time of transfer.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 28, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§3584. Regulations
The President may prescribe regulations necessary to carry out this subchapter and
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 28, 1958, |
The words "civil service employment rights" are substituted for "Federal employment rights". The word "including" is substituted for "such as, but not limited to".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Executive Order No. 10804
Ex. Ord. No. 10804, Feb. 12, 1959, 24 F.R. 1147, which delegated to the United States Civil Service Commission the authority vested in the President by section 5 of the Federal Employees International Organization Service Act (
Ex. Ord. No. 11552. Providing for Details and Transfers of Federal Employees to International Organizations
Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by
(1) Vacancies in international organizations shall be brought to the notice of well-qualified agency employees whose abilities and levels of responsibility in the Federal service are commensurate with those required to fill such vacancies.
(2) Subject to prior approval of his agency, no leave shall be charged an employee who is absent for a maximum of three days for interview for a proposed detail or transfer at the formal request of an international organization of a Federal official; an agency may approve official travel for necessary travel within the United States in connection with such an interview.
(3) An agency, upon request of an appropriate authority, shall provide international organizations with detailed assessments of the technical or professional qualifications of individual employees being formally considered for details and transfers to specific positions.
(4) Upon return of an employee to his agency, the agency shall give due consideration to the employee's overall qualifications, including those which may have been acquired during his service with the international organization, in determining the position and grade in which he is reemployed.
(b) The following are hereby delegated to the Secretary of State:
(1) The authority vested in the President by
(2) The authority vested in the President by
SUBCHAPTER V—REMOVAL, REINSTATEMENT, AND GUARANTEED PLACEMENT IN THE SENIOR EXECUTIVE SERVICE
Subchapter Referred to in Other Sections
This subchapter is referred to in title 38 section 7425.
§3591. Definitions
For the purpose of this subchapter, "agency", "Senior Executive Service position", "senior executive", "career appointee", "limited term appointee", "limited emergency appointee", "noncareer appointee", and "general position" have the meanings set forth in
(Added
Effective Date
Subchapter effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§3592. Removal from the Senior Executive Service
(a) Except as provided in subsection (b) of this section, a career appointee may be removed from the Senior Executive Service to a civil service position outside of the Senior Executive Service—
(1) during the 1-year period of probation under
(2) at any time for less than fully successful executive performance as determined under subchapter II of
(3) if the career appointee is not recertified as a senior executive under section 3393a,
except that in the case of a removal under paragraph (2) of this subsection the career appointee shall, at least 15 days before the removal, be entitled, upon request, to an informal hearing before an official designated by the Merit Systems Protection Board at which the career appointee may appear and present arguments, but such hearing shall not give the career appointee the right to initiate an action with the Board under
(b)(1) Except as provided in paragraph (2) of this subsection, a career appointee in an agency may not be involuntarily removed—
(A) within 120 days after an appointment of the head of the agency; or
(B) within 120 days after the appointment in the agency of the career appointee's most immediate supervisor who—
(i) is a noncareer appointee; and
(ii) has the authority to remove the career appointee.
(2) Paragraph (1) of this subsection does not apply with respect to—
(A) any removal under
(B) any disciplinary action initiated before an appointment referred to in paragraph (1) of this subsection.
(c) A limited emergency appointee, limited term appointee, or noncareer appointee may be removed from the service at any time.
(Added
Amendments
1989—Subsec. (a).
Subsec. (a)(3).
Effective Date of 1989 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§3593. Reinstatement in the Senior Executive Service
(a) A former career appointee may be reinstated, without regard to section 3393(b) and (c) of this title, to any Senior Executive Service position for which the appointee is qualified if—
(1) the appointee has successfully completed the probationary period established under
(2) the appointee left the Senior Executive Service for reasons other than misconduct, neglect of duty, malfeasance, less than fully successful executive performance as determined under subchapter II of
(b) A career appointee who is appointed by the President to any civil service position outside the Senior Executive Service and who leaves the position for reasons other than misconduct, neglect of duty, or malfeasance shall be entitled to be placed in the Senior Executive Service if the appointee applies to the Office of Personnel Management within 90 days after separation from the Presidential appointment.
(c)(1) A former career appointee shall be reinstated, without regard to section 3393(b) and (c) of this title, to any vacant Senior Executive Service position in an agency for which the appointee is qualified if—
(A) the individual was a career appointee on May 31, 1981;
(B) the appointee was removed from the Senior Executive Service under
(C) before the removal occurred, the appointee successfully completed the probationary period established under
(D) the appointee applies for that vacant position within one year after the Office receives certification regarding that appointee pursuant to
(2) A career appointee is entitled to appeal to the Merit Systems Protection Board under
(Added
Amendments
1989—Subsec. (a)(2).
1984—Subsec. (c)(1)(B).
1981—Subsec. (c).
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
§3594. Guaranteed placement in other personnel systems
(a) A career appointee who was appointed from a civil service position held under a career or career-conditional appointment (or an appointment of equivalent tenure, as determined by the Office of Personnel Management) and who, for reasons other than misconduct, neglect of duty, or malfeasance, is removed from the Senior Executive Service during the probationary period under
(b) A career appointee who has completed the probationary period under
(1) is removed from the Senior Executive Service for less than fully successful executive performance as determined under subchapter II of
(2) is removed from the Senior Executive Service under paragraph (4) or (5) of
(3) is removed from the Senior Executive Service for failure to be recertified under section 3393a;
shall be entitled to be placed in a civil service position (other than a Senior Executive Service position) in any agency.
(c)(1) For purposes of subsections (a) and (b) of this section—
(A) the position in which any career appointee is placed under such subsections shall be a continuing position at GS–15 of the General Schedule or classified above GS–15 pursuant to section 5108, or an equivalent position, and, in the case of a career appointee referred to in subsection (a) of this section, the career appointee shall be entitled to an appointment of a tenure equivalent to the tenure of the appointment held in the position from which the career appointee was appointed;
(B) any career appointee placed under subsection (a) or (b) of this section shall be entitled to receive basic pay at the highest of—
(i) the rate of basic pay in effect for the position in which placed;
(ii) the rate of basic pay in effect at the time of the placement for the position the career appointee held in the civil service immediately before being appointed to the Senior Executive Service; or
(iii) the rate of basic pay in effect for the career appointee immediately before being placed under subsection (a) or (b) of this section; and
(C) the placement of any career appointee under subsection (a) or (b) of this section may not be made to a position which would cause the separation or reduction in grade of any other employee.
(2) An employee who is receiving basic pay under paragraph (1)(B)(ii) or (iii) of this subsection is entitled to have the basic pay rate of the employee increased by 50 percent of the amount of each increase in the maximum rate of basic pay for the grade of the position in which the employee is placed under subsection (a) or (b) of this section until the rate is equal to the rate in effect under paragraph (1)(B)(i) of this subsection for the position in which the employee is placed.
(Added
References in Text
GS–15 of the General Schedule, referred to in subsec. (c)(1)(A), is set out under
Amendments
1992—Subsec. (c)(1)(A).
1990—Subsec. (c)(1)(A).
1989—Subsec. (b)(3).
1984—Subsec. (b).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
§3595. Reduction in force in the Senior Executive Service
(a) An agency shall establish competitive procedures for determining who shall be removed from the Senior Executive Service in any reduction in force of career appointees within that agency. The competitive procedures shall be designed to assure that such determinations are primarily on the basis of performance, as determined under subchapter II of
(b)(1) This subsection applies to any career appointee who has successfully completed the probationary period prescribed under
(2) Except as provided in paragraphs (4) and (5), a career appointee may not be removed from the Senior Executive Service due to a reduction in force within an agency.
(3) A career appointee who, but for this subsection, would be removed from the Senior Executive Service due to a reduction in force within an agency—
(A) is entitled to be assigned by the head of that agency to a vacant Senior Executive Service position for which the career appointee is qualified; or
(B) if the agency head certifies, in writing, to the Office of Personnel Management that no such position is available in the agency, shall be placed by the Office in any agency in any vacant Senior Executive Service position unless the head of that agency determines that the career appointee is not qualified for that position.
The Office of Personnel Management shall take all reasonable steps to place a career appointee under subparagraph (B) and may require any agency to take any action which the Office considers necessary to carry out any such placement.
(4) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service due to a reduction in force if the career appointee declines a reasonable offer for placement in a Senior Executive Service position under paragraph (3)(B).
(5) A career appointee who is not assigned under paragraph (3)(A) may be removed from the Senior Executive Service due to a reduction in force if the career appointee is not placed in another Senior Executive Service position under paragraph (3)(B) within 45 days after the Office receives certification regarding that appointee under paragraph (3)(B).
(c) A career appointee is entitled to appeal to the Merit Systems Protection Board under
(d) For purposes of this section, "reduction in force" includes the elimination or modification of a position due to a reorganization, due to a lack of funds or curtailment of work, or due to any other factor.
(e) The Office shall prescribe regulations under which the rights accorded to a career appointee in the event of a transfer of function are comparable to the rights accorded to a competing employee under
(Added
Prior Provisions
A prior section 3595, added
Amendments
1984—Subsec. (b)(3)(B).
Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (c).
Subsec. (e).
1982—Subsec. (b)(3)(B).
Subsec. (c)(3).
Effective Date of 1984 Amendment
Amendment by section 303(c), (d) of
Effective Date of 1982 Amendment
Section 5(c) of
"(1) Except as provided in paragraph (2), the amendments made by this section [amending this section] shall take effect on the date of the enactment of this Act [Oct. 15, 1982].
"(2) The amendments made by this section [amending this section] shall apply to an individual who is a career appointee on or after September 30, 1982, except that any individual who is a career appointee on September 30, 1982, and who is described in
Effective Date
Section 1704(e) of
"(1) Subject to paragraph (2), the amendments made by this section [enacting this section, redesignating former section 3595 as
"(2)(A) Except as provided in subparagraph (B), the amendments made by this section shall apply to any career appointee removed from the civil service after May 31, 1981, and before the date of the enactment of this section [Aug. 13, 1981] if, not later than 14 days after such date of enactment, application therefor is made to the Office of Personnel Management and to the head of the Agency in which the appointee was employed.
"(B) The provisions of section 3595(a), as added by subsection (a)(1), shall take effect on the date of the enactment of this Act [Aug. 13, 1981].
"(3) The effectiveness of the amendments made by this section shall be subject to section 415(b) of the Civil Service Reform Act of 1978 [
Section Referred to in Other Sections
This section is referred to in
§3595a. Furlough in the Senior Executive Service
(a) For the purposes of this section, "furlough" means the placement of a senior executive in a temporary status in which the senior executive has no duties and is not paid when the placement in such status is by reason of insufficient work or funds or for other nondisciplinary reasons.
(b) An agency may furlough a career appointee only in accordance with regulations issued by the Office of Personnel Management.
(c) A career appointee who is furloughed is entitled to appeal to the Merit Systems Protection Board under
(Added
Effective Date
Section effective following expiration of 90-day period beginning on Nov. 8, 1984, see section 307 of
§3596. Regulations
The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
(Added
Amendments
1981—
SUBCHAPTER VI—REEMPLOYMENT FOLLOWING LIMITED APPOINTMENT IN THE FOREIGN SERVICE
§3597. Reemployment following limited appointment in the Foreign Service
An employee of any agency who accepts, with the consent of the head of that agency, a limited appointment in the Foreign Service under section 309 of the Foreign Service Act of 1980 is entitled, upon the expiration of that appointment, to be reemployed in that employee's former position or in a corresponding or higher position in that agency. Upon reemployment under this section, an employee shall be entitled to any within-grade increases in pay which the employee would have received if the employee had remained in the former position in the agency.
(Added
References in Text
Section 309 of the Foreign Service Act of 1980, referred to in text, is classified to
Effective Date
Section effective Feb. 15, 1981, except as otherwise provided, see section 2403 of
Section Referred to in Other Sections
This section is referred to in title 22 section 3950.
Subpart C—Employee Performance
CHAPTER 41 —TRAINING
Amendments
1995—
1994—
1982—
Chapter Referred to in Other Sections
This chapter is referred to in
§4101. Definitions
For the purpose of this chapter—
(1) "agency", subject to
(A) an Executive department;
(B) an independent establishment;
(C) a Government corporation subject to
(D) the Library of Congress;
(E) the Government Printing Office; and
(F) the government of the District of Columbia;
(2) "employee", subject to
(A) an individual employed in or under an agency; and
(B) a commissioned officer of the Environmental Science Services Administration;
(3) "Government" means the Government of the United States and the government of the District of Columbia;
(4) "training" means the process of providing for and making available to an employee, and placing or enrolling the employee in, a planned, prepared, and coordinated program, course, curriculum, subject, system, or routine of instruction or education, in scientific, professional, technical, mechanical, trade, clerical, fiscal, administrative, or other fields which will improve individual and organizational performance and assist in achieving the agency's mission and performance goals;
(5) "Government facility" means property owned or substantially controlled by the Government and the services of any civilian and military personnel of the Government; and
(6) "non-Government facility" means—
(A) the government of a State or of a territory or possession of the United States including the Commonwealth of Puerto Rico, and an interstate governmental organization, or a unit, subdivision, or instrumentality of any of the foregoing;
(B) a foreign government or international organization, or instrumentality of either, which is designated by the President as eligible to provide training under this chapter;
(C) a medical, scientific, technical, educational, research, or professional institution, foundation, or organization;
(D) a business, commercial, or industrial firm, corporation, partnership, proprietorship, or other organization;
(E) individuals other than civilian or military personnel of the Government; and
(F) the services and property of any of the foregoing furnishing the training.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 7, 1958, |
In paragraph (1), the word "agency" is substituted for "department". Reference to the "General Accounting Office" is omitted as included in "independent establishment" because of the definition in section 104.
In paragraph (2)(B), the words "in the Department of Commerce" are omitted as unnecessary.
In paragraph (6)(C), the word "agency" is omitted as unnecessary and to avoid confusion with the word "agency" defined by paragraph (1).
In paragraph (6)(E), the words "individuals other than civilian or military personnel of the Government" are substituted for "an individual not a civilian or military officer or employee of the Government of the United States or of the municipal government of the District of Columbia" to conform to paragraph (5).
The definition of "Commission" in former section 2302(4) is omitted as unnecessary as the title "Civil Service Commission" is fully set out the first time it is used in each section of this chapter.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1994—Par. (4).
1982—Par. (1)(C).
1967—Par. (2)(B).
Effective Date of 1967 Amendment
Amendment by
Transfer of Functions
For transfer of Environmental Science Services Administration to National Oceanic and Atmospheric Administration, see Transfer of Functions note set out under
Delegation of Functions
Functions of President under subsec. (6)(B) of this section delegated to head of each agency concerned, see section 402 of Ex. Ord. No. 11348, Apr. 20, 1967, 32 F.R. 6335, set out as a note under
Cross References
Executive departments, see
Government corporation, see
Independent establishment, see
Section Referred to in Other Sections
This section is referred to in
§4102. Exceptions; Presidential authority
(a)(1) This chapter does not apply to—
(A) a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
(B) the Tennessee Valley Authority; or
(C) an individual (except a commissioned officer of the National Oceanic and Atmospheric Administration) who is a member of a uniformed service during a period in which he is entitled to pay under
(2) This chapter (except sections 4110 and 4111) does not apply to—
(A) the Foreign Service of the United States; or
(B) an individual appointed by the President, unless the individual is specifically designated by the President for training under this chapter.
(b) The President, at any time in the public interest, may—
(1) except an agency or part thereof, or an employee or group or class of employees therein, from this chapter or a provision thereof (except this section); and
(2) withdraw an exception made under this subsection.
However, the President may not except the Office of Personnel Management from a provision of this chapter which vests in or imposes on the Office a function, duty, or responsibility concerning any matter except the establishment, operation, and maintenance, in the same capacity as other agencies, of training programs and plans for its employees.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 7, 1958, May 26, 1959, Aug. 2, 1962, |
In subsection (a)(1), the exception for the President and Vice President is omitted as surplusage as these elected officers are not employed in or under an agency and thus are not included in the definition of "employee" in section 4101(2).
In subsection (a)(1)(C), the words "as defined by
In subsection (a)(2)(B), the words "by the President" are coextensive with and substituted for "by the President by and with the advice and consent of the Senate or by the President alone".
In subsection (b)(1), reference to "section 21, and section 22" is omitted as unnecessary since the sections are not carried into this title, but are scheduled for repeal, see Table II.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1979—Subsec. (a)(1)(C).
Subsec. (b).
1978—Subsec. (b).
1975—Subsec. (a)(2)(B).
1967—Subsec. (a)(1)(C).
Effective Date of 1979 Amendment
Amendments by
Effective Date of 1978 Amendment
Amendment by
Delegation of Functions
Functions of President under subsec. (b)(1) of this section delegated to Office of Personnel Management, see section 401(a) of Ex. Ord. No. 11348, Apr. 20, 1967, 32 F.R. 6335, set out as a note under
Ex. Ord. No. 10805. Central Intelligence Agency
Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, provided:
(a) Section 2(4), 6, 9(b)(1), 11, 12, 15, 16, and 18 [sections 4117, 4118, 4105(b)(1), 4108, 4106, 4114, 4115, and 1308(a)(4)(A)–(C), (b) and 4113(b) respectively of this title].
(b) The last sentence of section 5 [
(c) That part of section 7 [
(d) That part of section 10 [
Executive Order No. 11531
Ex. Ord. No. 11531, May 26, 1970, 35 F.R. 8337, which related to the delegation of Presidential authority to designate United States Marshals and United States Attorneys for training, was superseded by Ex. Ord. No. 11895, Jan. 6, 1976, 41 F.R. 1465, set out below.
Ex. Ord. No. 11895. Delegation of Presidential Authority To Designate Individuals Appointed by the President To Receive Training
Ex. Ord. No. 11895, Jan. 6, 1976, 41 F.R. 1465, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by
Section Referred to in Other Sections
This section is referred to in
§4103. Establishment of training programs
(a) In order to assist in achieving an agency's mission and performance goals by improving employee and organizational performance, the head of each agency, in conformity with this chapter, shall establish, operate, maintain, and evaluate a program or programs, and a plan or plans thereunder, for the training of employees in or under the agency by, in, and through Government facilities and non-Government facilities. Each program, and plan thereunder, shall—
(1) conform to the principles, standards, and related requirements contained in the regulations prescribed under
(2) provide for adequate administrative control by appropriate authority;
(3) provide that information concerning the selection and assignment of employees for training and the applicable training limitations and restrictions be made available to employees of the agency; and
(4) provide for the encouragement of self-training by employees by means of appropriate recognition of resultant increases in proficiency, skill, and capacity.
Two or more agencies jointly may operate under a training program.
(b)(1) Notwithstanding any other provision of this chapter, an agency may train any employee of the agency to prepare the employee for placement in another agency if the head of the agency determines that such training would be in the interests of the Government.
(2) In selecting an employee for training under this subsection, the head of the agency shall consider—
(A) the extent to which the current skills, knowledge, and abilities of the employee may be utilized in the new position;
(B) the employee's capability to learn skills and acquire knowledge and abilities needed in the new position; and
(C) the benefits to the Government which would result from such training.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 7, 1958, |
The words "Within two hundred and seventy days after the date of enactment of this Act [July 7, 1958]" are omitted as obsolete.
In paragraph (1), reference to the effective date of the regulations is omitted as obsolete.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1994—Subsec. (a).
Subsec. (a)(3), (4).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (b)(3).
1978—
Effective Date of 1978 Amendment
Amendment by
Optional Participation of Federal Employees in AIDS Training Programs
"(a)
"(b)
Experimental Program Relating to Acceptance of Voluntary Services From Participants in Executive Exchange Program
Central Intelligence Agency
Exception of Central Intelligence Agency from provisions of cl. (1) of this section and certain other provisions of this chapter, and
Ex. Ord. No. 11348. Further Training of Government Employees
Ex. Ord. No. 11348, Apr. 20, 1967, 32 F.R. 6335, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by
Part I—General
(b) "Interagency training" means training provided by one agency for other agencies or shared by two or more agencies.
Part II—Office of Personnel Management Responsibilities
(a) Advise the President on means for furthering and strengthening programs of training;
(b) Counsel heads of agencies and other agency officials on the improvement of training;
(c) Assist agencies to develop sound programs and financial plans for training and provide advice, information, and assistance to agencies on planning, programming, budgeting, operating, and evaluating training programs;
(d) Identify functional areas in which new or expanded interagency training activity is needed and either conduct such training or arrange for agencies having the substantive competence to do so;
(e) Coordinate interagency training conducted by and for agencies (including agencies and portions of agencies excepted by
(f) Encourage agencies to make appropriate use of non-Government training resources;
(g) Develop, install, and maintain a system to provide the training data needed to carry out its own functions and to provide staff assistance to the President; and
(h) Provide for identification and dissemination of findings of research into training technology and undertake or assign to other agencies, such research projects as may be needed.
Part III—Agency Responsibilities and Operations
(a) Foster employee self-development by creating a work environment in which self-development is encouraged, by assuring that opportunities for training and self-study materials are reasonably available, where the employee is stationed, and by recognizing self-initiated improvement in performance;
(b) Provide training for employees without regard to race, creed, color, national origin, sex, or other factors unrelated to the need for training;
(c) Establish and make full use of agency facilities for training employees;
(d) Extend agency training programs to employees of other agencies (including agencies and portions of agencies excepted by
(e) Establish interagency training facilities in areas of substantive competence as arranged by the Office of Personnel Management; and
(f) Use non-Government training resources as appropriate.
(a) Review periodically, but not less often than annually, the agency's program to identify training needed to bring about more effective performance at the least possible cost;
(b) Conduct periodic reviews of individual employee's training needs as related to program objectives;
(c) Conduct research related to training objectives and required for program improvement and effectiveness;
(d) Plan, program, and evaluate training for both short and longrange program needs by occupations, organizations, or other appropriate groups;
(e) Establish priorities for needed training, and provide for the use of funds and manhours in accordance with these priorities;
(f) Utilize the flexibility of work assignments to provide work experience which promotes growth leading to higher quality and greater quantity of work done;
(g) Establish training facilities and services as needed;
(h) Monitor the effectiveness with which self-development is encouraged and on-the-job training is provided at all levels; and
(i) Establish criteria for the selection of employees for training; and
(j) Approve the acceptance of any contributions, awards, or payments to employees authorized by section 401(b) of this order and regulations issued by the Office of Personnel Management.
Part IV—Delegations
(a) The authority under
(b) The authority under
Part V—Revocation of Prior Order
Executive Order No. 11451
Ex. Ord. No. 11451, Jan. 19, 1969, 34 F.R. 921, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which established the President's Commission on Personnel Interchange, was superseded by Ex. Ord. No. 12136, May 15, 1979, 44 F.R. 28771, formerly set out below.
Executive Order No. 12136
Ex. Ord. No. 12136, May 15, 1979, 44 F.R. 28771, which continued the President's Commission on Personnel Interchange and renamed it the President's Commission on Executive Exchange, was revoked by Ex. Ord. No. 12493, Dec. 5, 1984, 49 F.R. 47819, formerly set out below.
Executive Order No. 12493
Ex. Ord. No. 12493, Dec. 5, 1984, 49 F.R. 47819, as amended by Ex. Ord. No. 12516, May 21, 1985, 50 F.R. 21417; Ex. Ord. No. 12602, July 15, 1987, 52 F.R. 27187, which continued the President's Commission on Executive Exchange, was revoked by Ex. Ord. No. 12760, §2, May 2, 1991, 56 F.R. 21062, set out below.
Ex. Ord. No. 12574. Establishing Experimental Program Within President's Commission on Executive Exchange
Ex. Ord. No. 12574, Nov. 20, 1986, 51 F.R. 42199, provided:
By the authority vested in me as President by the Constitution and statutes of the United States of America, including the Executive Exchange Program Voluntary Services Act of 1986 (
Ronald Reagan.
Ex. Ord. No. 12760. President's Commission on Executive Exchange
Ex. Ord. No. 12760, May 2, 1991, 56 F.R. 21062, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
George Bush.
Ex. Ord. No. 13111. Using Technology To Improve Training Opportunities for Federal Government Employees
Ex. Ord. No. 13111, Jan. 12, 1999, 64 F.R. 2793, provided:
Advances in technology and increased skills needs are changing the workplace at an ever increasing rate. These advances can make Federal employees more productive and provide improved service to our customers, the American taxpayers. We need to ensure that we continue to train Federal employees to take full advantage of these technological advances and to acquire the skills and learning needed to succeed in a changing workplace. A coordinated Federal effort is needed to provide flexible training opportunities to employees and to explore how Federal training programs, initiatives, and policies can better support lifelong learning through the use of learning technology.
To help us meet these goals, I am creating a task force on Federal training technology, directing Federal agencies to take certain steps to enhance employees' training opportunities through the use of training technology, and an advisory committee on the use of training technology, which also will explore options for financing the training and post-secondary education needed to upgrade skills and gain new knowledge.
Therefore, by the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Advisory Committee Act, as amended (5 U.S.C. App.), and in furtherance of the purposes of
(b) Within 30 days of the date of this order, the head of each agency or council shall designate a senior official to serve as a representative to the Task Force. The representative shall report directly to the agency head or the President's Management Council member on the agency's or council's activities under this order.
(c) The Director of the Office of Personnel Management (OPM) shall be the Chair and the representative from the Department of Labor shall be the Vice Chair of the Task Force.
(d) The Chair and Vice Chair shall appoint an Executive Director.
(e) The Task Force member agencies shall provide any required staffing and funding, as appropriate.
(1) develop strategies to improve the efficiency and availability of training opportunities for Federal Government employees;
(2) form partnerships among key Federal agencies, State and local governments, businesses, universities, and other appropriate entities to promote the development and use of high-quality training opportunities;
(3) analyze the use of technology in existing training programs and policies of the Task Force member agencies to determine what changes, modifications, and innovations may be necessary to advance training opportunities;
(4) in consultation with the Department of Defense and the National Institute of Standards and Technology, recommend standards for training software and associated services purchased by Federal agencies and contractors. These standards should be consistent with voluntary industry consensus-based commercial standards. Agencies, where appropriate, should use these standards in procurements to promote reusable training component software and thereby reduce duplication in the development of courseware;
(5) evaluate and, where appropriate, coordinate and collaborate on, research and demonstration activities of Task Force member agencies related to Federal training technology;
(6) identify and support cross-agency training areas that would particularly benefit from new instructional technologies and facilitate multiagency procurement and use of training materials, where appropriate;
(7) in consultation with the General Services Administration, the Office of Personnel Management, and the Office of Federal Procurement Policy of the Office of Management and Budget (OFPP), promote existing and new procurement vehicles that allow agencies to provide innovative training opportunities for Federal employees;
(8) recommend changes that may be needed to existing procurement laws to further the objectives of this order and forward the recommendations to the Administrator of OFPP; and
(b) develop options and recommendations for establishing a Federal Individual Training Account for each Federal worker for training relevant to his or her Federal employment. To the extent permitted by law, such accounts may be established with the funds allocated to the agency for employee training. Approval for training would be within the discretion of the individual employee's manager. Options and recommendations shall be reported no later than 6 months from the date of this order.
(1) include as part of its annual budget process a set of goals to provide the highest quality and most efficient training opportunities possible to its employees, and a set of performance measures of the quality and availability of training opportunities possible to its employees. Such measures should be, where appropriate, based on outcomes related to performance rather than time allocation;
(2) identify the resources necessary to achieve the aforementioned goals and performance measures articulated in its annual performance plan;
(3) and, where practicable, use the standards recommended by the Task Force and published by the Office of Personnel Management for purchasing training software and associated services; and
(4) subject to the availability of appropriations, post training courses, information, and other learning opportunities on the Department of Labor's America's Learning Exchange (ALX), or other appropriate information dissemination vehicles as determined by the Task Force, to make information about Federal training courses, information, and other learning opportunities widely available to Federal employees.
(b) Each Federal agency, to the extent permitted by law, is encouraged to consider how savings achieved through the efficient use of training technology can be reinvested in improved training for their employees.
(1) in consultation with the Task Force, the Department of Defense, the National Institute of Standards and Technology, the Department of Labor, and other appropriate agencies as determined by OPM, publish the standards for training software and associated services recommended by the Task Force; and
(2) ensure that qualification standards for civil service positions, where appropriate, reflect standard industry certification practices.
(b) The Department of Labor or other appropriate agency as determined by the Task Force shall, subject to the availability of appropriations:
(1) establish a specialized database for Federal training within the framework of the Department of Labor's ALX, or other appropriate information dissemination vehicles determined by the Task Force, to make information about Federal training courses, information, and other learning opportunities widely available to Federal employees;
(2) establish and maintain a training technology website for agencies to post training needs and to foster communication among the agencies and between public and private sector organizations to identify and meet common needs; and
(3) establish a staffed help desk and technology resource center to support Federal agencies using training technology and to facilitate the development of online training courses.
(c) The Department of Defense or other appropriate agency as determined by the Task Force shall:
(1) in consultation with the National Institute of Standards and Technology, lead Federal participation in business and university organizations charged with developing consensus standards for training software and associated services and lead the Federal review of the standards; and
(2) provide guidance to Defense agencies and advise the civilian agencies, as appropriate, on how best to use these standards for large-scale development and implementation of efficient and effective distributed learning technologies.
(d) Each Executive department shall designate at least one subject area of training that it will use to demonstrate opportunities in technology-based training and assign an agency leader in the designated area. Leaders in these training technology experiments shall work closely with other agencies with similar training interests. Each Executive department shall develop a plan for measuring and evaluating the effectiveness, cost-effectiveness, and benefits to employees and the agency for each designated subject area.
The Advisory Committee on Expanding Training Opportunities (Committee) is established. The Committee shall consist of not more that 20 members appointed by the President from outside the Federal Government, including representatives of the research, education, labor, and training communities, information technology sector, and representatives from other critical sectors. The President shall designate Co-Chairs from among the members of the Committee.
(1) progress made by the Federal Government in its use and integration of technology in training programs, particularly in the use of voluntary industry consensus-based commercial standards for training software and associated services;
(2) how Federal Government programs, initiatives, and policies can encourage or accelerate training technology to provide more accessible, more timely, and more cost-effective training opportunities for all Americans;
(3) mechanisms for the Federal Government to encourage private sector investment in the development of high-quality instructional software and wider deployment and utilization of technology-mediated instruction so that all Americans may take advantage of the opportunities provided by learning technology; and
(4) the appropriate Federal Government role in research and development for learning technologies and their applications in order to develop high-quality training and education opportunities for all Americans;
(b) an analysis of options for helping adult Americans finance the training and post-secondary education needed to upgrade skills and gain new knowledge. Options for financial mechanisms may include grants, tax incentives, low-interest loans, or other vehicles to make training and post-secondary education accessible to adults throughout their lifetimes; and
(c) advice on other issues regarding emerging technologies in government training and financing training and post-secondary education for adult Americans as specified by the Assistants to the President.
(b) The heads of Executive agencies shall, to the extent permitted by law, provide to the Committee such information as it may require for the purpose of carrying out its functions.
(c) The Committee Co-Chairs may, from time to time, invite experts to submit information to the Committee and may form subcommittees or working groups within the Committee to review specific issues.
(d) Members of the Committee shall serve without compensation but shall be allowed travel expenses, including per diem instead of subsistence, as authorized by law for persons serving intermittently in the Government service (
(e) Notwithstanding any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended, that are applicable to the Committee, except that of reporting to the Congress, shall be performed by the Office of Personnel Management in accordance with guidelines that have been issued by the Administrator of General Services.
(f) The Committee shall terminate 2 years from the date of this order unless extended by the President prior to such date.
(b) The term "technology," means any equipment or interconnected system or subsystem of equipment that is used in the automatic acquisition, storage, manipulation, management, movement, control, display, switching, interchange, transmission, or reception of data or information, including computers, ancillary equipment, software, firmware and similar procedures, services (including support services), and related resources. For purposes of the preceding sentence, equipment is used by an Executive agency if the equipment is used by the Executive agency directly or is used by a contractor under a contract with the Executive agency that requires the use of such equipment. The term "technology" does not include any equipment that is acquired by a Federal contractor incidental to a Federal contract.
William J. Clinton.
§4104. Government facilities; use of
An agency program for the training of employees by, in, and through Government facilities under this chapter shall—
(1) provide for training, insofar as practicable, by, in, and through Government facilities under the jurisdiction or control of the agency; and
(2) provide for the making by the agency, to the extent necessary and appropriate, of agreements with other agencies in any branch of the Government, on a reimbursable basis when requested by the other agencies, for—
(A) use of Government facilities under the jurisdiction or control of the other agencies in any branch of the Government; and
(B) extension to employees of the agency of training programs of other agencies.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 7, 1958, |
In paragraph (2), the words "other agencies in any branch of the Government" and "the other agencies" are coextensive with and substituted for "other departments, and with other agencies in any branch of the Government" and "such other departments and agencies". This is so because "other agencies in any branch of the Government" is broader than "agency" as defined for the purpose of this chapter in section 4101(1).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 7 section 5922.
§4105. Non-Government facilities; use of
The head of an agency, without regard to
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 7, 1958, |
In subsection (a), the word "appropriate" is omitted as unnecessary.
In subsection (b)(1), the words "by, in, and through non-Government facilities" are omitted as unnecessary in view of the previous reference in the subsection.
In subsection (b)(2), the word "appropriate" is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1994—
"(b) An agency program for the training of employees by, in, and through non-Government facilities under this chapter shall—
"(1) provide that information concerning the selection and assignment of employees for training and the applicable training limitations and restrictions be made available to employees of the agency; and
"(2) give consideration to the needs and requirements of the agency in recruiting and retaining scientific, professional, technical, and administrative employees.
"(c) In order to protect the Government concerning payment and reimbursement of training expenses, each agency shall prescribe such regulations as it considers necessary to implement the regulations prescribed under
Central Intelligence Agency
Exception of Central Intelligence Agency from provisions of subsec. (b)(1) of this section and certain other provisions of this chapter, and
Section Referred to in Other Sections
This section is referred to in
[§4106. Repealed. Pub. L. 103–226, §2(a)(4), Mar. 30, 1994, 108 Stat. 112 ]
Section,
§4107. Restriction on degree training
(a) Except as provided in subsection (b) of this section, this chapter does not authorize the selection and assignment of an employee for training, or the payment or reimbursement of the costs of training, for—
(1) the purpose of providing an opportunity to an employee to obtain an academic degree in order to qualify for appointment to a particular position for which the academic degree is a basic requirement; or
(2) the sole purpose of providing an opportunity to an employee to obtain one or more academic degrees.
(b)(1) The regulations prescribed under
(2) In exercising any authority under this subsection, an agency shall, consistent with the merit system principles set forth in paragraphs (1) and (2) of
(3) No authority under this subsection may be exercised on behalf of any employee occupying or seeking to qualify for appointment to any position which is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | July 7, 1958, |
|
(b) | July 7, 1958, |
|
(c) | July 7, 1958, |
The prohibitions are restated in positive form.
In subsection (a)(2), the words "Executive order" are substituted for "Executive orders of the President".
In subsection (c), the words "under authority of this chapter" and "by the Government" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1994—
Subsec. (a).
"(1) by, in or through a non-Government facility which teaches or advocates the overthrow of the Government of the United States by force or violence; or
"(2) by or through an individual concerning whom determination has been made by a proper Government administrative or investigatory authority that, on the basis of information or evidence developed in investigations and procedures authorized by law or Executive order, there exists a reasonable doubt of his loyalty to the United States."
Subsec. (b).
"(1) carrying on propaganda, or otherwise attempting, to influence legislation; or
"(2) participating or intervening, including publishing or distributing statements, in a political campaign on behalf of a candidate for public office."
Subsecs. (c), (d).
1990—Subsec. (c).
Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
§4108. Employee agreements; service after training
(a) An employee selected for training for more than a minimum period prescribed by the head of the agency shall agree in writing with the Government before assignment to training that he will—
(1) continue in the service of his agency after the end of the training period for a period at least equal to three times the length of the training period unless he is involuntarily separated from the service of his agency; and
(2) pay to the Government the amount of the additional expenses incurred by the Government in connection with his training if he is voluntarily separated from the service of his agency before the end of the period for which he has agreed to continue in the service of his agency.
(b) The payment agreed to under subsection (a)(2) of this section may not be required of an employee who leaves the service of his agency to enter into the service of another agency in any branch of the Government unless the head of the agency that authorized the training notifies the employee before the effective date of his entrance into the service of the other agency that payment will be required under this section.
(c) If an employee, except an employee relieved of liability under subsection (b) of this section or
(1) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and
(2) such other method as is provided by law for the recovery of amounts owing to the Government.
The head of the agency concerned, under the regulations prescribed under
(d) For purposes of this section, "training" includes a private sector assignment of an employee participating in the Executive Exchange Program of the President's Commission on Executive Exchange.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 7, 1958, |
In subsection (a), the last sentence of former section 2310(a) is omitted as included in the first sentence of the revised subsection.
In subsection (b), the words, "another agency in any branch of the Government" are coextensive with and substituted for "another department or of any other agency in any branch of the Government". This is so because "agency in any branch of the Government" is broader than "agency" as defined for the purpose of this chapter in section 4101(1).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1994—Subsec. (a).
1984—Subsec. (d).
Central Intelligence Agency
Exception of Central Intelligence Agency from provisions of this section and certain other provisions of this chapter, see Ex. Ord. No. 10805, Feb. 18, 1959, 24 F.R. 1301, set out as a note under
§4109. Expenses of training
(a) The head of an agency, under the regulations prescribed under
(1) pay all or a part of the pay (except overtime, holiday, or night differential pay) of an employee of the agency selected and assigned for training under this chapter, for the period of training; and
(2) pay, or reimburse the employee for, all or a part of the necessary expenses of the training, without regard to section 3324(a) and (b) of title 31, including among the expenses the necessary costs of—
(A) travel and per diem instead of subsistence under subchapter I of
(B) transportation of immediate family, household goods and personal effects, packing, crating, temporarily storing, draying, and unpacking under
(C) tuition and matriculation fees;
(D) library and laboratory services;
(E) purchase or rental of books, materials, and supplies; and
(F) other services or facilities directly related to the training of the employee.
(b) The expenses of training do not include membership fees except to the extent that the fee is a necessary cost directly related to the training itself or that payment of the fee is a condition precedent to undergoing the training.
(c) Notwithstanding subsection (a)(1) of this section, the Administrator, Federal Aviation Administration, may pay an individual training to be an air traffic controller of such Administration, and the Secretary of Defense may pay an individual training to be an air traffic controller of the Department of Defense, during the period of such training, at the applicable rate of basic pay for the hours of training officially ordered or approved in excess of forty hours in an administrative workweek.
(d) Notwithstanding subsection (a)(1), a firefighter who is subject to
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 7, 1958, |
In subsection (a)(1) and (2), the words "training under this chapter" and "the training" are substituted for "training by, in, or through Government facilities or non-Government facilities under authority of this chapter" and "such training", respectively.
In subsection (a)(2)(A), the words "and the Standardized Government Travel Regulations" are omitted as included by the reference to "subchapter I of
In subsection (a)(2)(A) and (B), the words "
In subsection (a)(2)(B), the words "under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (d).
1992—Subsec. (d).
1984—Subsec. (c).
Subsec. (d).
1982—Subsec. (a)(2).
Subsec. (c).
1979—Subsec. (a)(2).
1967—Subsec. (a)(2).
Effective Date of 1998 Amendment
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 1537(f) of
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Central Intelligence Agency
Exception of Central Intelligence Agency from introductory provisions of subsec. (a) of this section and certain other provisions of this chapter, and
Cross References
Use of appropriated funds for membership dues or fees or for expenses of attendance at meetings prohibited except as authorized by this section, see
Section Referred to in Other Sections
This section is referred to in
§4110. Expenses of attendance at meetings
Appropriations available to an agency for travel expenses are available for expenses of attendance at meetings which are concerned with the functions or activities for which the appropriation is made or which will contribute to improved conduct, supervision, or management of the functions or activities.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 7, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Cross References
Use of appropriated funds for membership dues or fees or for expenses of attendance at meetings prohibited except as authorized by this section, see
Section Referred to in Other Sections
This section is referred to in
§4111. Acceptance of contributions, awards, and other payments
(a) To the extent authorized by regulation of the President, contributions and awards incident to training in non-Government facilities, and payment of travel, subsistence, and other expenses incident to attendance at meetings, may be made to and accepted by an employee, without regard to
(b) When a contribution, award, or payment, in cash or in kind, is made to an employee for travel, subsistence, or other expenses under subsection (a) of this section, an appropriate reduction, under regulations of the President, shall be made from payment by the Government to the employee for travel, subsistence, or other expenses incident to training in a non-Government facility or to attendance at a meeting.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | July 7, 1958, |
|
(b) | July 7, 1958, |
In subsection (a), the words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1979—Subsec. (b).
Effective Date of 1979 Amendment
Amendment by
Transfer of Functions
Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President by section 101 of 1970 Reorg. Plan No. 2, eff. July 1, 1970, 35 F.R. 7959,
Delegation of Functions
Functions of President under subsec. (a) of this section delegated to Office of Personnel Management, see section 401(b) of Ex. Ord. No. 11348, Apr. 20, 1967, 32 F.R. 6335, set out as a note under
Functions of President under subsec. (b) of this section delegated to Director of Office of Management and Budget, see Ex. Ord. No. 12152, Aug. 14, 1979, 44 F.R. 48143, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§4112. Absorption of costs within funds available
(a) The President, to the extent he considers practicable, shall provide by regulation for the absorption of the costs of the training programs and plans under this chapter by the respective agencies from applicable appropriations or funds available for each fiscal year.
(b) Subsection (a) of this section may not be held or considered to require—
(1) the separation of an individual from the service by reduction in force or other personnel action; or
(2) the placement of an individual in a leave-without-pay status.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 7, 1958, |
In subsection (a), the words "for each fiscal year" are substituted for "for the fiscal year in which this chapter is enacted and for each succeeding fiscal year".
In subsection (b), the prohibition is restated in positive form.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1979—Subsec. (a).
Effective Date of 1979 Amendment
Amendment by
Delegation of Functions
Functions of President under subsec. (a) of this section delegated to Director of Office of Management and Budget, see Ex. Ord. No. 12152, Aug. 14, 1979, 44 F.R. 48143, set out as a note under
[§4113. Repealed. Pub. L. 104–66, title II, §2181(c)(1), Dec. 21, 1995, 109 Stat. 732 ]
Section,
[§4114. Repealed. Pub. L. 103–226, §2(a)(8), Mar. 30, 1994, 108 Stat. 112 ]
Section,
§4115. Collection of training information
The Office of Personnel Management, to the extent it considers appropriate in the public interest, may collect information concerning training programs, plans, and the methods inside and outside the Government. The Office, on request, may make the information available to an agency and to Congress.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 7, 1958, |
In the first sentence, the words "from time to time" are omitted as unnecessary. In the second sentence, the word "appropriate" is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Central Intelligence Agency
Exception of Central Intelligence Agency from provisions of this section and certain other provisions of this chapter and
§4116. Training program assistance
The Office of Personnel Management, on request of an agency, shall advise and assist in the establishment, operation, and maintenance of the training programs and plans of the agency under this chapter, to the extent of its facilities and personnel available for that purpose.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 7, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
§4117. Administration
The Office of Personnel Management has the responsibility and authority for effective promotion and coordination of the training programs under this chapter and training operations thereunder. The functions, duties, and responsibilities of the Office under this chapter are subject to supervision and control by the President and review by Congress.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 7, 1958, |
||
July 7, 1958, |
Former sections 2301(4) and 2318(e) are combined and restated for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Central Intelligence Agency
Exception of Central Intelligence Agency from provisions of subd. (4) of this section and certain other provisions of this chapter and
§4118. Regulations
(a) The Office of Personnel Management, after considering the needs and requirements of each agency for training its employees and after consulting with the agencies principally concerned, shall prescribe regulations containing the principles, standards, and related requirements for the programs, and plans thereunder, for the training of employees under this chapter, including requirements for coordination of and reasonable uniformity in the agency training programs and plans. The regulations shall provide for the maintenance of necessary information concerning the general conduct of the training activities of each agency, and such other information as is necessary to enable the President and Congress to discharge effectively their respective duties and responsibilities for supervision, control, and review of these training programs. The regulations also shall cover—
(1) requirements concerning the determination and continuing review by each agency of its training needs and requirements;
(2) the scope and conduct of the agency training programs and plans;
(3) the selection and assignment of employees of each agency for training;
(4) the use in each agency of the services of employees who have undergone training;
(5) the evaluation of the results and effects of the training programs and plans;
(6) the interchange of training information among the agencies;
(7) the submission of reports by the agencies on results and effects of training programs and plans and economies resulting therefrom, including estimates of costs of training;
(8) requirements and limitations necessary with respect to payments and reimbursements in accordance with
(9) other matters considered appropriate or necessary by the Office to carry out the provisions of this chapter.
(b) The Office, in accordance with this chapter, may revise, supplement, or abolish regulations prescribed under this section, and prescribe additional regulations.
(c) This section does not authorize the Office to prescribe the types and methods of intra-agency training or to regulate the details of intra-agency training programs.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 7, 1958, |
In subsection (a), the word "appropriate" is omitted as unnecessary. The words "with respect to training by, in, and through Government facilities and non-Government facilities" are omitted as unnecessary.
In subsection (b)(2) and (3), the words "by, in, or through a non-Government facility" are omitted as unnecessary in view of the previous reference in the subsection.
In subsection (c), the words "From time to time" are omitted as unnecessary.
In subsection (d), the prohibition is restated in positive form.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1994—Subsec. (a)(7).
Subsecs. (b) to (d).
"(1) prescribe general policies governing the selection of a non-Government facility to provide training;
"(2) authorize training of employees only after the head of the agency concerned determines that adequate training for employees by, in, or through a Government facility is not reasonably available, and that consideration has been given to the existing or reasonably foreseeable availability and use of fully trained employees; and
"(3) prohibit training an employee for the purpose of filling a position by promotion if there is in the agency concerned another employee, of equal ability and suitability, fully qualified to fill the position and available at, or within a reasonable distance from, the place where the duties of the position are to be performed."
1978—Subsecs. (a), (c), (d).
Effective Date of 1978 Amendment
Amendment by
Central Intelligence Agency
Exception of Central Intelligence Agency from provisions of this section and certain other provisions of this chapter and
Section Referred to in Other Sections
This section is referred to in
§4119. Training for employees under the Office of the Architect of the Capitol and the Botanic Garden
(a) The Architect of the Capitol may, by regulation, make applicable such provisions of this chapter as the Architect determines necessary to provide for training of (1) individuals employed under the Office of the Architect of the Capitol and the Botanic Garden and (2) other congressional employees who are subject to the administrative control of the Architect. The regulations shall provide for training which, in the determination of the Architect, is consistent with the training provided by agencies under the preceding sections of this chapter.
(b) The Office of Personnel Management shall provide the Architect of the Capitol with such advice and assistance as the Architect may request in order to enable the Architect to carry out the purposes of this section.
(Added
CHAPTER 43 —PERFORMANCE APPRAISAL
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE
Amendments
1993—
1984—
1978—
Chapter Referred to in Other Sections
This chapter is referred to in
1 So in original. Does not conform to section catchline.
SUBCHAPTER I—GENERAL PROVISIONS
Amendments
1979—
§4301. Definitions
For the purpose of this subchapter—
(1) "agency" means—
(A) an Executive agency; and
(B) the Government Printing Office;
but does not include—
(i) a Government corporation;
(ii) the Central Intelligence Agency, the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Security Agency, or any Executive agency or unit thereof which is designated by the President and the principal function of which is the conduct of foreign intelligence or counterintelligence activities; or
(iii) the General Accounting Office;
(2) "employee" means an individual employed in or under an agency, but does not include—
(A) an employee outside the United States who is paid in accordance with local native prevailing wage rates for the area in which employed;
(B) an individual in the Foreign Service of the United States;
(C) a physician, dentist, nurse, or other employee in the Veterans Health Administration of the Department of Veterans Affairs whose pay is fixed under
(D) an administrative law judge appointed under
(E) an individual in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service;
(F) an individual appointed by the President;
(G) an individual occupying a position not in the competitive service excluded from coverage of this subchapter by regulations of the Office of Personnel Management; or
(H) an individual who (i) is serving in a position under a temporary appointment for less than one year, (ii) agrees to serve without a performance evaluation, and (iii) will not be considered for a reappointment or for an increase in pay based in whole or in part on performance; and
(3) "unacceptable performance" means performance of an employee which fails to meet established performance standards in one or more critical elements of such employee's position.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 30, 1950, ch. 1123, §2, |
||
Sept. 1, 1954, ch. 1208, §601(a), |
||
June 17, 1957, |
||
July 11, 1957, |
||
Sept. 2, 1958, |
||
Mar. 26, 1964, |
In paragraph (1), the term "Executive agency" is substituted for the reference to "executive departments, the independent establishments and agencies in the executive branch, including corporations wholly owned by the United States" and "the General Accounting Office". The exception of "a Government controlled corporation" is added in subparagraph (vii) to preserve the application of this chapter to "corporations wholly owned by the United States". The exceptions for Production credit corporations and Federal intermediate credit banks in former section 2001(b)(5), (6) are omitted as they are no longer "corporations wholly owned by the United States". Under the Farm Credit Act of 1956,
Paragraph (2) is supplied because the definition of "employee" in section 2105 does not encompass individuals employed by the government of the District of Columbia. The definition in paragraph (2) does not encompass members of the uniformed services as they are not "employed" in or under an agency.
Paragraph (2)(E) is based on the third and fifth sentences, respectively, of former sections 1010 and 1011, which are carried into sections 5362 and 559, respectively, and section 1106(a) of the Act of Oct. 28, 1949, ch. 782,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Par. (1)(ii).
1994—Par. (1)(ii).
1991—Par. (2)(C).
1990—Par. (1).
Par. (2)(H).
1988—Par. (2)(E).
1978—
Par. (2)(E).
1970—Par. (1)(ii).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Cross References
Additional requirements imposed by statute or otherwise recognized by law not limited or repealed by par. (2)(E) of this section, see
Executive agency, see
Office of Personnel Management, investigations, reports, and regulations for purposes of par. (2)(E) of this section as relating to administrative law judges, see
Subsequent statutes to be held to supersede or modify par. (2)(E) of this section only to the extent that they do so expressly, see
Section Referred to in Other Sections
This section is referred to in
§4302. Establishment of performance appraisal systems
(a) Each agency shall develop one or more performance appraisal systems which—
(1) provide for periodic appraisals of job performance of employees;
(2) encourage employee participation in establishing performance standards; and
(3) use the results of performance appraisals as a basis for training, rewarding, reassigning, promoting, reducing in grade, retaining, and removing employees.
(b) Under regulations which the Office of Personnel Management shall prescribe, each performance appraisal system shall provide for—
(1) establishing performance standards which will, to the maximum extent feasible, permit the accurate evaluation of job performance on the basis of objective criteria (which may include the extent of courtesy demonstrated to the public) related to the job in question for each employee or position under the system;
(2) as soon as practicable, but not later than October 1, 1981, with respect to initial appraisal periods, and thereafter at the beginning of each following appraisal period, communicating to each employee the performance standards and the critical elements of the employee's position;
(3) evaluating each employee during the appraisal period on such standards;
(4) recognizing and rewarding employees whose performance so warrants;
(5) assisting employees in improving unacceptable performance; and
(6) reassigning, reducing in grade, or removing employees who continue to have unacceptable performance but only after an opportunity to demonstrate acceptable performance.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 30, 1950, ch. 1123, §3, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1992—Subsec. (a)(3).
1978—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[§4302a. Repealed. Pub. L. 103–89, §3(b)(1)(B)(i), Sept. 30, 1993, 107 Stat. 981 ]
Section, added
Effective Date of Repeal
Repeal effective Nov. 1, 1993, see section 3(c) of
§4303. Actions based on unacceptable performance
(a) Subject to the provisions of this section, an agency may reduce in grade or remove an employee for unacceptable performance.
(b)(1) An employee whose reduction in grade or removal is proposed under this section is entitled to—
(A) 30 days' advance written notice of the proposed action which identifies—
(i) specific instances of unacceptable performance by the employee on which the proposed action is based; and
(ii) the critical elements of the employee's position involved in each instance of unacceptable performance;
(B) be represented by an attorney or other representative;
(C) a reasonable time to answer orally and in writing; and
(D) a written decision which—
(i) in the case of a reduction in grade or removal under this section, specifies the instances of unacceptable performance by the employee on which the reduction in grade or removal is based, and
(ii) unless proposed by the head of the agency, has been concurred in by an employee who is in a higher position than the employee who proposed the action.
(2) An agency may, under regulations prescribed by the head of such agency, extend the notice period under subsection (b)(1)(A) of this section for not more than 30 days. An agency may extend the notice period for more than 30 days only in accordance with regulations issued by the Office of Personnel Management.
(c) The decision to retain, reduce in grade, or remove an employee—
(1) shall be made within 30 days after the date of expiration of the notice period, and
(2) in the case of a reduction in grade or removal, may be based only on those instances of unacceptable performance by the employee—
(A) which occurred during the 1-year period ending on the date of the notice under subsection (b)(1)(A) of this section in connection with the decision; and
(B) for which the notice and other requirements of this section are complied with.
(d) If, because of performance improvement by the employee during the notice period, the employee is not reduced in grade or removed, and the employee's performance continues to be acceptable for 1 year from the date of the advance written notice provided under subsection (b)(1)(A) of this section, any entry or other notation of the unacceptable performance for which the action was proposed under this section shall be removed from any agency record relating to the employee.
(e) Any employee who is—
(1) a preference eligible;
(2) in the competitive service; or
(3) in the excepted service and covered by subchapter II of
and who has been reduced in grade or removed under this section is entitled to appeal the action to the Merit Systems Protection Board under section 7701.
(f) This section does not apply to—
(1) the reduction to the grade previously held of a supervisor or manager who has not completed the probationary period under
(2) the reduction in grade or removal of an employee in the competitive service who is serving a probationary or trial period under an initial appointment or who has not completed 1 year of current continuous employment under other than a temporary appointment limited to 1 year or less, or
(3) the reduction in grade or removal of an employee in the excepted service who has not completed 1 year of current continuous employment in the same or similar positions.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 30, 1950, ch. 1123, §5, |
The words "required by this chapter" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1990—Subsec. (e).
1978—
Effective Date of 1990 Amendment
Section 2(c) of
Section 4 of
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§4304. Responsibilities of the Office of Personnel Management
(a) The Office of Personnel Management shall make technical assistance available to agencies in the development of performance appraisal systems.
(b)(1) The Office shall review each performance appraisal system developed by any agency under this section and determine whether the performance appraisal system meets the requirements of this subchapter.
(2) The Comptroller General shall from time to time review on a selected basis performance appraisal systems established under this subchapter to determine the extent to which any such system meets the requirements of this subchapter and shall periodically report its findings to the Office and to the Congress.
(3) If the Office determines that a system does not meet the requirements of this subchapter (including regulations prescribed under section 4305), the Office shall direct the agency to implement an appropriate system or to correct operations under the system, and any such agency shall take any action so required.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 30, 1950, ch. 1123, §6, |
In subsection (a)(1), the words "corresponding to an efficiency rating of 'good' under the Veterans' Preference Act of 1944, as amended, and under laws superseded by this chapter" in clause (1) of former section 2005 are omitted, but are carried into section 3502.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 12 section 1441a.
§4305. Regulations
The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 30, 1950, ch. 1123, §7, |
In subsection (c), the words "as a matter of right" are omitted as unnecessary.
In subsection (d), the words "are entitled" are substituted for "shall be afforded an opportunity". The word "considers" is substituted for "deems to be".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
[§§4306 to 4308. Omitted]
Codification
Sections 4306 to 4308,
Section 4306 related to inspection of performance-rating plans.
Section 4307 related to prohibition of other rating procedures.
Section 4308 related to regulations for administration of the chapter, and is covered by revised section 4305.
SUBCHAPTER II—PERFORMANCE APPRAISAL IN THE SENIOR EXECUTIVE SERVICE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§4311. Definitions
For the purpose of this subchapter, "agency", "senior executive", and "career appointee" have the meanings set forth in
(Added
Effective Date
Subchapter effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§4312. Senior Executive Service performance appraisal systems
(a) Each agency shall, in accordance with standards established by the Office of Personnel Management, develop one or more performance appraisal systems designed to—
(1) permit the accurate evaluation of performance in any position on the basis of criteria which are related to the position and which specify the critical elements of the position;
(2) provide for systematic appraisals of performance of senior executives;
(3) encourage excellence in performance by senior executives; and
(4) provide a basis for making eligibility determinations for retention in the Senior Executive Service and for Senior Executive Service performance awards.
(b) Each performance appraisal system established by an agency under subsection (a) of this section shall provide—
(1) that, on or before the beginning of each rating period, performance requirements for each senior executive in the agency are established in consultation with the senior executive and communicated to the senior executive;
(2) that written appraisals of performance are based on the individual and organizational performance requirements established for the rating period involved; and
(3) that each senior executive in the agency is provided a copy of the appraisal and rating under
(c)(1) The Office shall review each agency's performance appraisal system under this section, and determine whether the agency performance appraisal system meets the requirements of this subchapter.
(2) The Comptroller General shall from time to time review performance appraisal systems under this section to determine the extent to which any such system meets the requirements under this subchapter and shall periodically report its findings to the Office and to each House of the Congress.
(3) If the Office determines that an agency performance appraisal system does not meet the requirements under this subchapter (including regulations prescribed under section 4315), the agency shall take such corrective action as may be required by the Office.
(d) A senior executive may not appeal any appraisal and rating under any performance appraisal system under this section.
(Added
Amendments
1984—Subsec. (b)(3).
Effective Date of 1984 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§4313. Criteria for performance appraisals
Appraisals of performance in the Senior Executive Service shall be based on both individual and organizational performance, taking into account such factors as—
(1) improvements in efficiency, productivity, and quality of work or service, including any significant reduction in paperwork;
(2) cost efficiency;
(3) timeliness of performance;
(4) other indications of the effectiveness, productivity, and performance quality of the employees for whom the senior executive is responsible; and
(5) meeting affirmative action goals, achievement of equal employment opportunity requirements, and compliance with the merit systems principles set forth under
(Added
Amendments
1994—Par. (5).
§4314. Ratings for performance appraisals
(a) Each performance appraisal system shall provide for annual summary ratings of levels of performance as follows:
(1) one or more fully successful levels,
(2) a minimally satisfactory level, and
(3) an unsatisfactory level.
(b) Each performance appraisal system shall provide that—
(1) any appraisal and any rating under such system—
(A) are made only after review and evaluation by a performance review board established under subsection (c) of this section;
(B) are conducted at least annually, subject to the limitation of subsection (c)(3) of this section;
(C) in the case of a career appointee, may not be made within 120 days after the beginning of a new Presidential administration; and
(D) are based on performance during a performance appraisal period the duration of which shall be determined under guidelines established by the Office of Personnel Management, but which may be terminated in any case in which the agency making an appraisal determines that an adequate basis exists on which to appraise and rate the senior executive's performance;
(2) any career appointee receiving a rating at any of the fully successful levels under subsection (a)(1) of this section may be given a performance award under
(3) any senior executive receiving an unsatisfactory rating under subsection (a)(3) of this section shall be reassigned or transferred within the Senior Executive Service, or removed from the Senior Executive Service, but any senior executive who receives 2 unsatisfactory ratings in any period of 5 consecutive years shall be removed from the Senior Executive Service; and
(4) any senior executive who twice in any period of 3 consecutive years receives less than fully successful ratings shall be removed from the Senior Executive Service.
(c)(1) Each agency shall establish, in accordance with regulations prescribed by the Office, one or more performance review boards, as appropriate. It is the function of the boards to make recommendations to the appropriate appointing authority of the agency relating to the performance of senior executives in the agency.
(2) The supervising official of the senior executive shall provide to the performance review board, an initial appraisal of the senior executive's performance. Before making any recommendation with respect to the senior executive, the board shall review any response by the senior executive to the initial appraisal and conduct such further review as the board finds necessary.
(3) Performance appraisals under this subchapter with respect to any senior executive shall be made by the appointing authority only after considering the recommendations by the performance review board with respect to such senior executive under paragraph (1) of this subsection.
(4) Members of performance review boards shall be appointed in such a manner as to assure consistency, stability, and objectivity in performance appraisal. Notice of the appointment of an individual to serve as a member shall be published in the Federal Register.
(5) In the case of an appraisal of a career appointee, more than one-half of the members of the performance review board shall consist of career appointees. The requirement of the preceding sentence shall not apply in any case in which the Office determines that there exists an insufficient number of career appointees available to comply with the requirement.
(Added
Amendments
1995—Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
§4315. Regulations
The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
(Added
Section Referred to in Other Sections
This section is referred to in
CHAPTER 45 —INCENTIVE AWARDS
SUBCHAPTER I—AWARDS FOR SUPERIOR ACCOMPLISHMENTS
SUBCHAPTER II—AWARDS FOR COST SAVINGS DISCLOSURES
SUBCHAPTER III—AWARDS TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE CAPABILITIES 1
Amendments
1994—
1992—
1990—
1988—
1985—
1981—
1978—
Cross References
Incentive awards program for judicial branch employees, see
Chapter Referred to in Other Sections
This chapter is referred to in
1 So in original. Does not conform to subchapter heading.
SUBCHAPTER I—AWARDS FOR SUPERIOR ACCOMPLISHMENTS
Amendments
1981—
Subchapter Referred to in Other Sections
This subchapter is referred to in
§4501. Definitions
For the purpose of this subchapter—
(1) "agency" means—
(A) an Executive agency;
(B) the Library of Congress;
(C) the Office of the Architect of the Capitol;
(D) the Botanic Garden;
(E) the Government Printing Office;
(F) the government of the District of Columbia; and
(G) the United States Sentencing Commission;
but does not include—
(i) the Tennessee Valley Authority; or
(ii) the Central Bank for Cooperatives;
(2) "employee" means—
(A) an employee as defined by section 2105; and
(B) an individual employed by the government of the District of Columbia; and
(3) "Government" means the Government of the United States and the government of the District of Columbia.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1208, §303, Aug. 18, 1959, |
In paragraph (1), the term "Executive agency" is coextensive with and substituted for "executive department or independent agency in the executive branch of the Government including a Government-owned or controlled corporation" in view of the definition of "Executive agency" in section 105. Application to the General Accounting Office (included in the term "Executive agency") is based on former section 933a.
Paragraph (2) is supplied because the definition of "employee" in section 2105 does not encompass individuals employed by the government of the District of Columbia.
Paragraph (3) is supplied for clarity and convenience.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1993—Par. (2)(A).
1990—Par. (1).
1988—Par. (1)(H).
1984—Par. (2)(A).
1981—
1978—Par. (2)(A).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Effective Date of 1981 Amendment
Section 1703(c) of
Effective Date of 1978 Amendment
Section 504(a) of
Ex. Ord. No. 12976. Compensation Practices of Government Corporations
Ex. Ord. No. 12976, Oct. 5, 1995, 60 F.R. 52829, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
Government corporations subject to this order should not pay bonuses in excess of those authorized by
(b) The Director of OMB shall issue instructions to the corporations subject to this section specifying when information is to be submitted, and the content and form of such information.
(b) Information submitted shall include the following with respect to senior executives of each corporation subject to this section:
(1) the compensation plan, procedures, and structure of such corporation;
(2) base salary levels, annual bonuses, and other compensation; and
(3) information supporting the senior executive compensation plan and levels.
(c) The Director of OMB shall issue instructions to the corporations subject to this section specifying when information is to be submitted, and the content and form of such information.
(1) consistency with statutory requirements;
(2) consistency with corporate mission;
(3) standards of Federal management and efficiency; and
(4) equivalent private sector compensation practices.
William J. Clinton.
Cross References
Executive agency, see
Section Referred to in Other Sections
This section is referred to in
§4502. General provisions
(a) Except as provided by subsection (b) of this section, a cash award under this subchapter may not exceed $10,000.
(b) When the head of an agency certifies to the Office of Personnel Management that the suggestion, invention, superior accomplishment, or other meritorious effort for which the award is proposed is highly exceptional and unusually outstanding, a cash award in excess of $10,000 but not in excess of $25,000 may be granted with the approval of the Office.
(c) A cash award under this subchapter is in addition to the regular pay of the recipient. Acceptance of a cash award under this subchapter constitutes an agreement that the use by the Government of an idea, method, or device for which the award is made does not form the basis of a further claim of any nature against the Government by the employee, his heirs, or assigns.
(d) A cash award to, and expense for the honorary recognition of, an employee may be paid from the fund or appropriation available to the activity primarily benefiting or the various activities benefiting. The head of the agency concerned determines the amount to be paid by each activity for an agency award under
(e) The Office of Personnel Management may by regulation permit agencies to grant employees time off from duty, without loss of pay or charge to leave, as an award in recognition of superior accomplishment or other personal effort that contributes to the quality, efficiency, or economy of Government operations.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1208, §304(d), (e), (g), |
In subsections (a) and (b), the words "cash award" are substituted for "monetary award" and "such award" to conform to the remainder of the chapter.
In subsection (c), the word "Government" is substituted for "Government of the United States or the government of the District of Columbia" in view of the definition of "Government" in section 4501.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1993—Subsec. (e).
1990—Subsec. (e).
1981—Subsecs. (a), (c).
1978—Subsec. (a).
Subsec. (b).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1978 Amendment
Section 504(a) of
Delegation of Functions
Functions of President under former section 2123(e) [now subsec. (d)] of this section delegated to Director of Office of Personnel Management, see section 2 of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under
Cross References
Weight to be accorded incentive awards under this chapter in selecting employees for promotions, see
Section Referred to in Other Sections
This section is referred to in
§4503. Agency awards
The head of an agency may pay a cash award to, and incur necessary expense for the honorary recognition of, an employee who—
(1) by his suggestion, invention, superior accomplishment, or other personal effort contributes to the efficiency, economy, or other improvement of Government operations or achieves a significant reduction in paperwork; or
(2) performs a special act or service in the public interest in connection with or related to his official employment.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1208, §304(a), |
The word "employee" is substituted for "civilian officers and employees of the Government" in view of the definition of "employee" in section 4501.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Par. (1).
Effective Date of 1978 Amendment
Section 504(a) of
Cross References
Cash awards for suggestions, inventions or scientific achievements, see
Section Referred to in Other Sections
This section is referred to in
§4504. Presidential awards
The President may pay a cash award to, and incur necessary expense for the honorary recognition of, an employee who—
(1) by his suggestion, invention, superior accomplishment, or other personal effort contributes to the efficiency, economy, or other improvement of Government operations or achieves a significant reduction in paperwork; or
(2) performs an exceptionally meritorious special act or service in the public interest in connection with or related to his official employment.
A Presidential award may be in addition to an agency award under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1208, §304(b), |
The words "In instances determined by the President to warrant such action" are omitted as surplusage. The word "employee" is substituted for "civilian officers and employees of the Government" in view of the definition of "employee" in section 4501.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Par. (1).
Effective Date of 1978 Amendment
Section 504(a) of
Delegation of Functions
Functions vested in Director of Office of Personnel Management under this section insofar as it affects officers and employees in or under executive branch of Government to be performed without approval of President, see section 2 of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under
Ex. Ord. No. 9586. The Presidential Medal of Freedom
Ex. Ord. No. 9586, July 6, 1945, 10 F.R. 8523, as amended by Ex. Ord. No. 10336, Apr. 3, 1952, 17 F.R. 2957; Ex. Ord. No. 11085, Feb. 22, 1963, 28 F.R. 1759; Ex. Ord. No. 11515, Mar. 13, 1970, 35 F.R. 4543, provided:
By virtue of the authority vested in me as President of the United States and as Commander in Chief of the armed forces of the United States, it is ordered as follows:
(b) The President may select for the award of the Medal any person recommended to the President for award of the Medal or any person selected by the President upon his own initiative.
(c) The principal announcement of awards of the Medal shall normally be made annually, on or about July 4 of each year; but such awards may be made at other times, as the President may deem appropriate.
(d) Subject to the provision of this Order, the Medal may be awarded posthumously.
(b) A chairman of the Board shall be designated by the President from time to time from among the membership of the Board appointed from the Executive Branch.
(c) For purposes of recommending to the President persons to receive the President's Award for Distinguished Federal Civilian Service, and to carry out the other purposes of Executive Order No. 10717, only the members of the Board from the Executive Branch will sit. The names of persons so recommended will be submitted to the President without reference to the other members of the Board.
(b) With due regard for the provisions of Section 2 of this Order, the Board shall screen such recommendations and, on the basis of such recommendations or upon its own motion, shall from time to time submit to the President nominations of individuals for award of the Medal, in appropriate degrees.
Ex. Ord. No. 10717. President's Award for Distinguished Federal Civilian Service
Ex. Ord. No. 10717, June 27, 1957, 22 F.R. 4632, as amended by Ex. Ord. No. 10979, Dec. 12, 1961, 26 F.R. 11937; Ex. Ord. No. 11085, Feb. 22, 1963, 28 F.R. 1759; Ex. Ord. No. 12014, Oct. 19, 1977, 42 F.R. 56105; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
(1) Imagination in developing creative solutions to problems of government.
(2) Courage in persevering against great odds and difficulties.
(3) High ability in accomplishing extraordinary scientific or technological achievement, in providing outstanding leadership in planning, organizing, or directing a major program of unusual importance and complexity, or in performing an extraordinary act of credit to the Government and the country.
(4) Long and distinguished career service.
(b) The importance of the achievements to the Government and to the public interest shall be so outstanding that the officer or employee is deserving of greater public recognition than that which can be accorded by the head of the department or agency in which he is employed. Generally, not more than five awards shall be made in any one year. Presentation of the award shall be made at such times as the President may determine.
(a) The Director shall be guided in the performance of this function by the provisions of
(b) The Director shall not recommend any person for the award without the concurrence of the head of the agency in which that person was employed at the time of the achievement for which the award is recommended.
(c) Persons appointed by the President are not eligible for this award unless, in the opinion of the Office, they are currently serving in a career position.
Cross References
Cash awards for suggestions, inventions or scientific achievements, see
Section Referred to in Other Sections
This section is referred to in
§4505. Awards to former employees
An agency may pay or grant an award under this subchapter notwithstanding the death or separation from the service of the employee concerned, if the suggestion, invention, superior accomplishment, other personal effort, or special act or service in the public interest for which the award is proposed was made or performed while the employee was in the employ of the Government.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1208 §304(c), |
The words "or grant" are added for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1981—
Effective Date of 1981 Amendment
Amendment by
§4505a. Performance-based cash awards
(a)(1) An employee whose most recent performance rating was at the fully successful level or higher (or the equivalent thereof) may be paid a cash award under this section.
(2)(A) A cash award under this section shall be equal to an amount determined appropriate by the head of the agency, but may not be more than 10 percent of the employee's annual rate of basic pay. Notwithstanding the preceding sentence, the agency head may authorize a cash award equal to an amount exceeding 10 percent of the employee's annual rate of basic pay if the agency head determines that exceptional performance by the employee justifies such an award, but in no case may an award under this section exceed 20 percent of the employee's annual rate of basic pay.
(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability payment under section 5304.
(b)(1) A cash award under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee.
(2) The failure to pay a cash award under this section, or the amount of such an award, may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of
(c) The Office of Personnel Management shall prescribe such regulations as it considers necessary for the administration of subsections (a) and (b).
(d) The preceding provisions of this section shall be applicable with respect to any employee to whom subchapter III of
(e) At the request of the head of an Executive agency, the President may authorize the application of subsections (a) through (c) with respect to any category of employees within such agency who would not otherwise be covered by this section.
(Added
Amendments
1992—Subsec. (b)(2).
Subsec. (c).
Subsecs. (d), (e).
Effective Date of 1992 Amendment
Amendment by
Effective Date
Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of
Delegation of Functions
Authority of President under subsec. (e) of this section delegated to Director of Office of Personnel Management by Ex. Ord. No. 12828, §1(2), Jan. 5, 1993, 58 F.R. 2965, set out as a note under
Authority of President under subsec. (d) [now (e)] of this section delegated to Office of Personnel Management by section 6(a) of Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4, 1991, set out as a note under
Section Referred to in Other Sections
This section is referred to in title 12 section 1441a.
§4506. Regulations
The Office of Personnel Management shall prescribe regulations and instructions under which the agency awards program set forth by this subchapter shall be carried out.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1208, §302 (1st 29 words), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1981—
1978—
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1978 Amendment
Section 504(a) of
§4507. Awarding of ranks in the Senior Executive Service
(a) For the purpose of this section, "agency", "senior executive", and "career appointee" have the meanings set forth in
(b) Each agency shall submit annually to the Office recommendations of career appointees in the agency to be awarded the rank of Meritorious Executive or Distinguished Executive. The recommendations may take into account the individual's performance over a period of years. The Office shall review such recommendations and provide to the President recommendations as to which of the agency recommended appointees should receive such rank.
(c) During any fiscal year, the President may, subject to subsection (d) of this section, award to any career appointee recommended by the Office the rank of—
(1) Meritorious Executive, for sustained accomplishment, or
(2) Distinguished Executive, for sustained extraordinary accomplishment.
A career appointee awarded a rank under paragraph (1) or (2) of this subsection shall not be entitled to be awarded that rank during the following 4 fiscal years.
(d) During any fiscal year—
(1) the number of career appointees awarded the rank of Meritorious Executive may not exceed 5 percent of the Senior Executive Service; and
(2) the number of career appointees awarded the rank of Distinguished Executive may not exceed 1 percent of the Senior Executive Service.
(e)(1) Receipt by a career appointee of the rank of Meritorious Executive entitles such individual to a lump-sum payment of an amount equal to 20 percent of annual basic pay, which shall be in addition to the basic pay paid under
(2) Receipt by a career appointee of the rank of Distinguished Executive entitles the individual to a lump-sum payment of an amount equal to 35 percent of annual basic pay, which shall be in addition to the basic pay paid under
(Added
Amendments
1998—Subsec. (e)(1).
Subsec. (e)(2).
Effective Date of 1998 Amendment
Effective Date
Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
Section Referred to in Other Sections
This section is referred to in
§4508. Limitation of awards during a Presidential election year
(a) For purposes of this section, the term—
(1) "Presidential election period" means any period beginning on June 1 in a calendar year in which the popular election of the President occurs, and ending on January 20 following the date of such election; and
(2) "senior politically appointed officer" means any officer who during a Presidential election period serves—
(A) in a Senior Executive Service position and is not a career appointee as defined under section 3132(a)(4); or
(B) in a position of a confidential or policy-determining character under schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations.
(b) No senior politically appointed officer may receive an award under the provisions of this subchapter during a Presidential election period.
(Added
§4509. Prohibition of cash award to Executive Schedule officers
No officer may receive a cash award under the provisions of this subchapter, if such officer—
(1) serves in—
(A) an Executive Schedule position under subchapter II of
(B) a position for which the compensation is set in statute by reference to a section or level under subchapter II of
(2) was appointed to such position by the President, by and with the advice and consent of the Senate.
(Added
SUBCHAPTER II—AWARDS FOR COST SAVINGS DISCLOSURES
Amendments
1981—
§4511. Definition and general provisions
(a) For purposes of this subchapter, the term "agency" means any Executive agency.
(b) A cash award under this subchapter is in addition to the regular pay of the recipient. Acceptance of a cash award under this subchapter constitutes an agreement that the use by the Government of an idea, method, or device for which the award is made does not form the basis of a further claim of any nature against the Government by the employee, his heirs, or assigns.
(Added
Effective Date
Subchapter effective Oct. 1, 1981, see section 1703(c) of
Authority To Make Awards
§4512. Agency awards for cost savings disclosures
(a) The Inspector General of an agency, or any other agency employee designated under subsection (b), may pay a cash award to any employee of such agency whose disclosure of fraud, waste, or mismanagement to the Inspector General of the agency, or to such other designated agency employee, has resulted in cost savings for the agency. The amount of an award under this section may not exceed the lesser of—
(1) $10,000; or
(2) an amount equal to 1 percent of the agency's cost savings which the Inspector General, or other employee designated under subsection (b), determines to be the total savings attributable to the employee's disclosure.
For purposes of paragraph (2), the Inspector General or other designated employee may take into account agency cost savings projected for subsequent fiscal years which will be attributable to such disclosure.
(b) In the case of an agency for which there is no Inspector General, the head of the agency shall designate an agency employee who shall have the authority to make the determinations and grant the awards permitted under this section.
(Added
Amendments
1985—Subsec. (c).
§4513. Presidential awards for cost savings disclosures
The President may pay a cash award in the amount of $20,000 to any employee whose disclosure of fraud, waste, or mismanagement has resulted in substantial cost savings for the Government. In evaluating the significance of a cost savings disclosure made by an employee for purposes of determining whether to make an award to such employee under this section, the President may take into account cost savings projected for subsequent fiscal years which will be attributable to the disclosure. During any fiscal year, the President may not make more than 50 awards under this section.
(Added
[§4514. Repealed. Pub. L. 102–487, §1(a), Oct. 24, 1992, 106 Stat. 3134 ]
Section, added
SUBCHAPTER III—AWARD TO LAW ENFORCEMENT OFFICERS FOR FOREIGN LANGUAGE CAPABILITIES
Amendments
1992—
Subchapter Referred to in Other Sections
This subchapter is referred to in title 19 section 267a.
§4521. Definition
For the purpose of this subchapter, the term "law enforcement officer" means—
(1) a law enforcement officer within the meaning of section 5541(3) and to whom the provisions of
(2) a member of the United States Secret Service Uniformed Division;
(3) a member of the United States Park Police;
(4) a special agent in the Diplomatic Security Service;
(5) a probation officer (referred to in
(6) a pretrial services officer (referred to in
(Added
Amendments
1992—
1991—
Effective Date
Section 529 [title IV, §408(d)] of
Section Referred to in Other Sections
This section is referred to in title 19 section 267a.
§4522. General provision
An award under this subchapter is in addition to the basic pay of the recipient.
(Added
§4523. Award authority
(a) An agency may pay a cash award, up to 5 percent of basic pay, to any law enforcement officer employed in or under such agency who possesses and makes substantial use of 1 or more foreign languages in the performance of official duties.
(b) Awards under this section shall be paid under regulations prescribed by the head of the agency involved (or designee thereof). Regulations prescribed by an agency head (or designee) under this subsecton 1 shall include—
(1) procedures under which foreign language proficiency shall be ascertained;
(2) criteria for the selection of individuals for recognition under this section; and
(3) any other provisions which may be necessary to carry out the purposes of this subchapter.
(Added
1 So in original. Probably should be "subsection".
CHAPTER 47 —PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS
Amendments
1998—
Chapter Referred to in Other Sections
This chapter is referred to in
§4701. Definitions
(a) For the purpose of this chapter—
(1) "agency" means an Executive agency and the Government Printing Office, but does not include—
(A) a Government corporation;
(B) the Federal Bureau of Investigation, the Central Intelligence Agency, the Defense Intelligence Agency, the National Imagery and Mapping Agency, the National Security Agency, and, as determined by the President, any Executive agency or unit thereof which is designated by the President and which has as its principal function the conduct of foreign intelligence or counterintelligence activities; or
(C) the General Accounting Office;
(2) "employee" means an individual employed in or under an agency;
(3) "eligible" means an individual who has qualified for appointment in an agency and whose name has been entered on the appropriate register or list of eligibles;
(4) "demonstration project" means a project conducted by the Office of Personnel Management, or under its supervision, to determine whether a specified change in personnel management policies or procedures would result in improved Federal personnel management; and
(5) "research program" means a planned study of the manner in which public management policies and systems are operating, the effects of those policies and systems, the possibilities for change, and comparisons among policies and systems.
(b) This chapter shall not apply to any position in the Drug Enforcement Administration which is excluded from the competitive service under section 201 of the Crime Control Act of 1976 (
(Added
Amendments
1996—Subsec. (a)(1)(B).
1994—Subsec. (a)(1)(B).
1990—Subsec. (a)(1).
1979—Subsec. (b).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date
Chapter effective 90 days after Oct. 13, 1978, see section 907 of
Section Referred to in Other Sections
This section is referred to in
§4702. Research programs
The Office of Personnel Management shall—
(1) establish and maintain (and assist in the establishment and maintenance of) research programs to study improved methods and technologies in Federal personnel management;
(2) evaluate the research programs established under paragraph (1) of this section;
(3) establish and maintain a program for the collection and public dissemination of information relating to personnel management research and for encouraging and facilitating the exchange of information among interested persons and entities; and
(4) carry out the preceding functions directly or through agreement or contract.
(Added
§4703. Demonstration projects
(a) Except as provided in this section, the Office of Personnel Management may, directly or through agreement or contract with one or more agencies and other public and private organizations, conduct and evaluate demonstration projects. Subject to the provisions of this section, the conducting of demonstration projects shall not be limited by any lack of specific authority under this title to take the action contemplated, or by any provision of this title or any rule or regulation prescribed under this title which is inconsistent with the action, including any law or regulation relating to—
(1) the methods of establishing qualification requirements for, recruitment for, and appointment to positions;
(2) the methods of classifying positions and compensating employees;
(3) the methods of assigning, reassigning, or promoting employees;
(4) the methods of disciplining employees;
(5) the methods of providing incentives to employees, including the provision of group or individual incentive bonuses or pay;
(6) the hours of work per day or per week;
(7) the methods of involving employees, labor organizations, and employee organizations in personnel decisions; and
(8) the methods of reducing overall agency staff and grade levels.
(b) Before conducting or entering into any agreement or contract to conduct a demonstration project, the Office shall—
(1) develop a plan for such project which identifies—
(A) the purposes of the project;
(B) the types of employees or eligibles, categorized by occupational series, grade, or organizational unit;
(C) the number of employees or eligibles to be included, in the aggregate and by category;
(D) the methodology;
(E) the duration;
(F) the training to be provided;
(G) the anticipated costs;
(H) the methodology and criteria for evaluation;
(I) a specific description of any aspect of the project for which there is a lack of specific authority; and
(J) a specific citation to any provision of law, rule, or regulation which, if not waived under this section, would prohibit the conducting of the project, or any part of the project as proposed;
(2) publish the plan in the Federal Register;
(3) submit the plan so published to public hearing;
(4) provide notification of the proposed project, at least 180 days in advance of the date any project proposed under this section is to take effect—
(A) to employees who are likely to be affected by the project; and
(B) to each House of the Congress;
(5) obtain approval from each agency involved of the final version of the plan; and
(6) provide each House of the Congress with a report at least 90 days in advance of the date the project is to take effect setting forth the final version of the plan as so approved.
(c) No demonstration project under this section may provide for a waiver of—
(1) any provision of
(2)(A) any provision of law referred to in
(B) any provision of law implementing any provision of law referred to in
(i) providing for equal employment opportunity through affirmative action; or
(ii) providing any right or remedy available to any employee or applicant for employment in the civil service;
(3) any provision of
(4) any rule or regulation prescribed under any provision of law referred to in paragraph (1), (2), or (3) of this subsection; or
(5) any provision of
(d)(1) Each demonstration project shall—
(A) involve not more than 5,000 individuals other than individuals in any control groups necessary to validate the results of the project; and
(B) terminate before the end of the 5-year period beginning on the date on which the project takes effect, except that the project may continue beyond the date to the extent necessary to validate the results of the project.
(2) Not more than 10 active demonstration projects may be in effect at any time.
(e) Subject to the terms of any written agreement or contract between the Office and an agency, a demonstration project involving the agency may be terminated by the Office, or the agency, if either determines that the project creates a substantial hardship on, or is not in the best interests of, the public, the Federal Government, employees, or eligibles.
(f) Employees within a unit with respect to which a labor organization is accorded exclusive recognition under
(1) if the project would violate a collective bargaining agreement (as defined in
(2) if the project is not covered by such a collective bargaining agreement, until there has been consultation or negotiation, as appropriate, by the agency with the labor organization.
(g) Employees within any unit with respect to which a labor organization has not been accorded exclusive recognition under
(h) The Office shall provide for an evaluation of the results of each demonstration project and its impact on improving public management.
(i) Upon request of the Director of the Office of Personnel Management, agencies shall cooperate with and assist the Office, to the extent practicable, in any evaluation undertaken under subsection (h) of this section and provide the Office with requested information and reports relating to the conducting of demonstration projects in their respective agencies.
(Added
Authority of Export-Import Bank To Conduct Demonstration Program
Section Referred to in Other Sections
This section is referred to in
§4704. Allocation of funds
Funds appropriated to the Office of Personnel Management for the purpose of this chapter may be allocated by the Office to any agency conducting demonstration projects or assisting the Office in conducting such projects. Funds so allocated shall remain available for such period as may be specified in appropriation Acts. No contract shall be entered into under this chapter unless the contract has been provided for in advance in appropriation Acts.
(Added
§4705. Regulations
The Office of Personnel Management shall prescribe regulations to carry out the purpose of this chapter.
(Added
Prior Provisions
A prior section 4705, added
[§4706. Renumbered §4705]
Subpart D—Pay and Allowances
Subpart Referred to in Other Sections
This subpart is referred to in
CHAPTER 51 —CLASSIFICATION
Amendments
1992—
1986—
1978—
Cross References
Antidiscrimination in employment in administration of this chapter, see
Chapter Referred to in Other Sections
This chapter is referred to in
§5101. Purpose
It is the purpose of this chapter to provide a plan for classification of positions whereby—
(1) in determining the rate of basic pay which an employee will receive—
(A) the principle of equal pay for substantially equal work will be followed; and
(B) variations in rates of basic pay paid to different employees will be in proportion to substantial differences in the difficulty, responsibility, and qualification requirements of the work performed and to the contributions of employees to efficiency and economy in the service; and
(2) individual positions will, in accordance with their duties, responsibilities, and qualification requirements, be so grouped and identified by classes and grades, as defined by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 28, 1949, ch. 782, §101, |
The words "and for rates of basic compensation" are omitted as inapplicable to this chapter since the provisions of former
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of the report.
References in Other Laws to Chapter 51 and Subchapter III of Chapter 53
References in laws to fix pay in accordance with this chapter and subchapter III of
Cross References
Employment of reading assistants for blind employees without regard to the provisions of this chapter, see
General authority for employment, see
§5102. Definitions; application
(a) For the purpose of this chapter—
(1) "agency" means—
(A) an Executive agency;
(B) the Library of Congress;
(C) the Botanic Garden;
(D) the Government Printing Office;
(E) the Office of the Architect of the Capitol; and
(F) the government of the District of Columbia;
but does not include—
(i) a Government controlled corporation;
(ii) the Tennessee Valley Authority;
(iii) the Virgin Islands Corporation;
(iv) the Atomic Energy Commission;
(v) the Central Intelligence Agency;
(vi) the National Security Agency, Department of Defense;
(vii) the General Accounting Office; or 1
(ix) 2 the Defense Intelligence Agency, Department of Defense; or
(x) the National Imagery and Mapping Agency, Department of Defense.3
(2) "employee" means an individual employed in or under an agency;
(3) "position" means the work, consisting of the duties and responsibilities, assignable to an employee;
(4) "class" or "class of positions" includes all positions which are sufficiently similar, as to—
(A) kind or subject-matter of work;
(B) level of difficulty and responsibility; and
(C) the qualification requirements of the work;
to warrant similar treatment in personnel and pay administration; and
(5) "grade" includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to—
(A) level of difficulty and responsibility; and
(B) level of qualification requirements of the work;
to warrant their inclusion within one range of rates of basic pay in the General Schedule.
(b) Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and employees in or under an agency, including positions in local boards and appeal boards within the Selective Service System and employees occupying those positions.
(c) This chapter does not apply to—
[ (1) Repealed.
(2) members of the Foreign Service whose pay is fixed under the Foreign Service Act of 1980; and positions in or under the Department of State which are—
(A) connected with the representation of the United States to international organizations; or
(B) specifically exempted by statute from this chapter or other classification or pay statute;
(3) physicians, dentists, nurses, and other employees in the Veterans Health Administration of the Department of Veterans Affairs whose pay is fixed under
(4) teachers, school officials, and employees of the Board of Education of the District of Columbia whose pay is fixed under
(5) members of the Metropolitan Police, the Fire Department of the District of Columbia, the United States Park Police, and the Executive Protective Service; members of the police force of the National Zoological Park whose pay is fixed under
(6) lighthouse keepers and civilian employees on lightships and vessels of the Coast Guard whose pay is fixed under section 432(f) and (g) of title 14;
(7) employees in recognized trades or crafts, or other skilled mechanical crafts, or in unskilled, semiskilled, or skilled manual-labor occupations, and other employees including foremen and supervisors in positions having trade, craft, or laboring experience and knowledge as the paramount requirement, and employees in the Bureau of Engraving and Printing whose duties are to perform or to direct manual or machine operations requiring special skill or experience, or to perform or direct the counting, examining, sorting, or other verification of the product of manual or machine operations;
(8) officers and members of crews of vessels;
(9) employees of the Government Printing Office whose pay is fixed under
(10) civilian professors, instructors, and lecturers at a professional military education school (and, in the case of the George C. Marshall European Center for Security Studies, the Director and the Deputy Director) whose pay is fixed under
(11) aliens or noncitizens of the United States who occupy positions outside the United States;
[(12) Repealed.
(13) employees who serve without pay or at nominal rates of pay;
(14) employees whose pay is not wholly from appropriated funds of the United States (other than employees of the Federal Retirement Thrift Investment Management System appointed under
(15) employees whose pay is fixed under a cooperative agreement between the United States and—
(A) a State or territory or possession of the United States, or political subdivision thereof; or
(B) an individual or organization outside the service of the Government of the United States;
(16) student nurses, medical or dental interns, residents-in-training, student dietitians, student physical therapists, student occupational therapists, and other student employees, assigned or attached to a hospital, clinic, or laboratory primarily for training purposes, whose pay is fixed under subchapter V of
(17) inmates, patients, or beneficiaries receiving care or treatment or living in Government agencies or institutions;
(18) experts or consultants, when employed temporarily or intermittently in accordance with
(19) emergency or seasonal employees whose employment is of uncertain or purely temporary duration, or who are employed for brief periods at intervals;
(20) employees employed on a fee, contract, or piece work basis;
(21) employees who may lawfully perform their duties concurrently with their private profession, business, or other employment, and whose duties require only a portion of their time, when it is impracticable to ascertain or anticipate the proportion of time devoted to the service of the Government of the United States;
(22) "teachers" and "teaching positions" as defined by
(23) administrative patent judges and designated administrative patent judges in the United States Patent and Trademark Office;
(24) temporary positions in the Bureau of the Census established under
(25) positions for which rates of basic pay are individually fixed, or expressly authorized to be fixed, by other statute, at or in excess of the rate for level V of the Executive Schedule;
(26) civilian members of the faculty of the Coast Guard Academy whose pay is fixed under
(27) members of the police of the Library of Congress whose pay is fixed under
(28) civilian members of the faculty of the Air Force Institute of Technology whose pay is fixed under
(29) administrative law judges appointed under section 3105; or
(30) members of agency boards of contract appeals appointed under section 8 of the Contract Disputes Act of 1978.
(d) This chapter does not apply to an employee of the Office of the Architect of the Capitol whose pay is fixed by other statute. Subsection (c) of this section, except paragraph (7), does not apply to the Office of the Architect of the Capitol.
(
The section is reorganized and restated for clarity.
In subsection (a)(1)(i), the exception of "a Government controlled corporation" is added to preserve the application of this chapter to "corporations wholly owned by the United States". This is necessary as the defined term "Executive agency" includes the defined term "Government corporation" and the latter includes both Government owned and controlled corporations. Thus the exclusion of Government controlled corporations, which are distinct from wholly owned corporations, operates to preserve the application of the chapter to wholly owned corporations.
In subsection (a)(1)(vii), the words "Panama Canal Company" are substituted for "Panama Railroad Company" on authority of the Act of Sept. 26, 1950, ch. 1049, §2(a)(2),
The exception for the Inland Waterways Corporation in former section 1082(13) is omitted on authority of the Act of July 19, 1963,
The exceptions for Production Credit Corporations and Federal Intermediate Credit Banks in former section 1082(18) and (19) are omitted as they are no longer "corporations wholly owned by the United States". Under the Farm Credit Act of 1956,
Subsection (a)(2) is added for clarity. The reference to "an individual employed in or under an agency" includes both officers and employees of an agency.
In subsection (a)(5), the words "in the General Schedule" are substituted for the reference in former section 1091(3) to "as specified in subchapter V of this chapter".
In subsection (b), the reference to former section 1085 is omitted as unnecessary. Former section 1085 which exempted certain agencies from former sections 1151–1153 is carried into section 305.
In subsection (c)(1), the words "
In subsection (c)(2)(B), the words "this chapter" are substituted for the reference in former section 1082(2)(B) to "the Classification Act of 1923, as amended," on authority of section 1106 of the Act of Oct. 28, 1949,
In subsection (c)(4), the words "
In subsection (c)(5), the word "officers" is omitted as included in "member".
In subsection (c)(10), the words "
In subsection (c)(11), the words "the United States" are substituted for "the several States and the District of Columbia".
In subsection (c)(14), the words "employees necessary for the transaction of the business of the Service at canteens, warehouses, and storage depots whose employment is authorized by
In subsection (c)(16), the reference to "
In subsection (c)(22), the words "as defined by
In subsection (c)(25), the word "schedule" is omitted since section 603 of the Act of Oct. 11, 1962,
The second sentence of subsection (d) is based on former section 1084(c), which is carried into section 5103.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5102(c)(26) | 5 App.: 1082(36). | June 9, 1966, |
The amendment to
The amendment to
References in Text
The Foreign Service Act of 1980, referred to in subsec. (c)(2), is
Level V of the Executive Schedule, referred to in subsec. (c)(25), is set out in
Section 8 of the Contract Disputes Act of 1978, referred to in subsec. (c)(30), is classified to
Amendments
1999—Subsec. (c)(23).
1996—Subsec. (a)(1)(vi), (vii).
Subsec. (a)(1)(viii).
Subsec. (a)(1)(ix), (x).
Subsec. (a)(1)(xi).
Subsec. (c)(12).
1994—Subsec. (a)(1)(ix) to (xi).
Subsec. (c)(3).
1993—Subsec. (c)(10).
1991—Subsec. (c)(3).
Subsec. (c)(14).
Subsec. (c)(16).
1990—Subsec. (a)(1).
Subsec. (c)(5).
Subsec. (c)(10).
Subsec. (c)(25).
Subsec. (c)(29), (30).
1989—Subsec. (c)(10).
1987—Subsec. (c)(27).
1986—Subsec. (c)(14).
1985—Subsec. (c)(28).
1984—Subsec. (a)(1)(viii) to (x).
1983—Subsec. (a)(1)(iii) to (ix).
1980—Subsec. (a)(1)(ix).
Subsec. (c)(2).
1979—Subsec. (a)(1)(vii).
Subsec. (c)(12).
Subsec. (c)(23).
1978—Subsec. (c)(5).
Subsec. (c)(12)(B).
1975—Subsec. (c)(5).
Subsec. (c)(9).
1973—Subsec. (b).
1970—Subsec. (c)(1).
Subsec. (c)(4).
1969—Subsec. (c)(5).
1968—Subsec. (c).
Change of Name
Reference to Executive Protective Service held to refer to United States Secret Service Uniformed Division pursuant to
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by section 1122(a)(1) of
Effective Date of 1990 Amendment
Amendment by section 529 [title I, §§101(b)(9)(F), 104(d)(1)] of
Amendment by section 529 [title I, §109(a)(2)] of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1983 Amendment
Amendment by
Effective Date of 1980 Amendments
Amendment by
Amendment by
Effective Date of 1979 Amendments
Amendment by
Amendment by
Effective Date of 1978 Amendment
Amendment by section 801(a)(3)(D) of
Amendment by section 906(2)(2) of
Effective Date of 1973 Amendment
Amendment by
Effective Date of 1970 Amendments
Amendment by
Amendment by
Effective Date of 1969 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1967 Amendment
Section 9(h) of
Repeals
General repealer of provisions inconsistent with
Abolition of Atomic Energy Commission
Atomic Energy Commission abolished and functions transferred by
Dissolution of Virgin Islands Corporation
Virgin Islands Corporation established to have succession until June 30, 1969, unless sooner dissolved by Act of Congress, by act June 30, 1949, ch. 285,
Civilian Members of Faculty of Air Force Institute of Technology on November 8, 1985
Section 504(c) of
"(1) is a civilian member of the faculty of the United States Air Force Institute of Technology;
"(2) is paid a rate of basic pay under the General Schedule; and
"(3) elects, under procedures prescribed by the Secretary of the Air Force, to continue to be paid under the General Schedule."
Prohibition of Decrease in Basic Pay Rate of Subsec. (c)(7), (8), or (14) Employees
Amendments by
Reduction of Basic Pay Rate
Rate of basic pay not to be reduced by reason of the enactment of
Section Referred to in Other Sections
This section is referred to in
1 So in original. The word "or" probably should not appear.
2 So in original. Subsec. (a)(1) does not contain a cl. (viii).
3 So in original. The period probably should be a semicolon.
§5103. Determination of applicability
The Office of Personnel Management shall determine finally the applicability of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 28, 1949, ch. 782, §203, |
||
Oct. 28, 1949, ch. 782, §204(c), |
Former sections 1083 and 1084(c) are combined and restated for clarity. The words "hereinafter referred to as the Commission" in former section 1083 are omitted as unnecessary. The exception from "section 1082 (except paragraph (7) thereof)" in former section 1084(c) is carried into section 5102(d).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 20 section 903.
§5104. Basis for grading positions
The General Schedule, the symbol for which is "GS", is the basic pay schedule for positions to which this chapter applies. The General Schedule is divided into grades of difficulty and responsibility of work, as follows:
(1) Grade GS–1 includes those classes of positions the duties of which are to perform, under immediate supervision, with little or no latitude for the exercise of independent judgment—
(A) the simplest routine work in office, business, or fiscal operations; or
(B) elementary work of a subordinate technical character in a professional, scientific, or technical field.
(2) Grade GS–2 includes those classes of positions the duties of which are—
(A) to perform, under immediate supervision, with limited latitude for the exercise of independent judgment, routine work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring some training or experience; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(3) Grade GS–3 includes those classes of positions the duties of which are—
(A) to perform, under immediate or general supervision, somewhat difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work of limited scope in a professional, scientific, or technical field, requiring in either case—
(i) some training or experience;
(ii) working knowledge of a special subject matter; or
(iii) to some extent the exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(4) Grade GS–4 includes those classes of positions the duties of which are—
(A) to perform, under immediate or general supervision, moderately difficult and responsible work in office, business, or fiscal operations, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case—
(i) a moderate amount of training and minor supervisory or other experience;
(ii) good working knowledge of a special subject matter or a limited field of office, laboratory, engineering, scientific, or other procedure and practice; and
(iii) the exercise of independent judgment in accordance with well-established policies, procedures, and techniques; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(5) Grade GS–5 includes those classes of positions the duties of which are—
(A) to perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case—
(i) considerable training and supervisory or other experience;
(ii) broad working knowledge of a special subject matter or of office, laboratory, engineering, scientific, or other procedure and practice; and
(iii) the exercise of independent judgment in a limited field;
(B) to perform, under immediate supervision, and with little opportunity for the exercise of independent judgment, simple and elementary work requiring professional, scientific, or technical training; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(6) Grade GS–6 includes those classes of positions the duties of which are—
(A) to perform, under general supervision, difficult and responsible work in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case—
(i) considerable training and supervisory or other experience;
(ii) broad working knowledge of a special and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and
(iii) to a considerable extent the exercise of independent judgment; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(7) Grade GS–7 includes those classes of positions the duties of which are—
(A) to perform, under general supervision, work of considerable difficulty and responsibility along special technical or supervisory lines in office, business, or fiscal administration, or comparable subordinate technical work in a professional, scientific, or technical field, requiring in either case—
(i) considerable specialized or supervisory training and experience;
(ii) comprehensive working knowledge of a special and complex subject matter; procedure, or practice, or of the principles of the profession, art, or science involved; and
(iii) to a considerable extent the exercise of independent judgment;
(B) under immediate or general supervision, to perform somewhat difficult work requiring—
(i) professional, scientific, or technical training; and
(ii) to a limited extent, the exercise of independent technical judgment; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(8) Grade GS–8 includes those classes of positions the duties of which are—
(A) to perform, under general supervision, very difficult and responsible work along special technical or supervisory lines in office, business, or fiscal administration, requiring—
(i) considerable specialized or supervisory training and experience;
(ii) comprehensive and thorough working knowledge of a specialized and complex subject matter, procedure, or practice, or of the principles of the profession, art, or science involved; and
(iii) to a considerable extent the exercise of independent judgment; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(9) Grade GS–9 includes those classes of positions the duties of which are—
(A) to perform, under general supervision, very difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring—
(i) somewhat extended specialized training and considerable specialized, supervisory, or administrative experience which has demonstrated capacity for sound independent work;
(ii) thorough and fundamental knowledge of a special and complex subject matter, or of the profession, art, or science involved; and
(iii) considerable latitude for the exercise of independent judgment;
(B) with considerable latitude for the exercise of independent judgment, to perform moderately difficult and responsible work, requiring—
(i) professional, scientific, or technical training equivalent to that represented by graduation from a college or university of recognized standing; and
(ii) considerable additional professional, scientific, or technical training or experience which has demonstrated capacity for sound independent work; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(10) Grade GS–10 includes those classes of positions the duties of which are—
(A) to perform, under general supervision, highly difficult and responsible work along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring—
(i) somewhat extended specialized, supervisory, or administrative training and experience which has demonstrated capacity for sound independent work;
(ii) thorough and fundamental knowledge of a specialized and complex subject matter, or of the profession, art, or science involved; and
(iii) considerable latitude for the exercise of independent judgment; or
(B) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(11) Grade GS–11 includes those classes of positions the duties of which are—
(A) to perform, under general administrative supervision and with wide latitude for the exercise of independent judgment, work of marked difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring—
(i) extended specialized, supervisory, or administrative training and experience which has demonstrated important attainments and marked capacity for sound independent action or decision; and
(ii) intimate grasp of a specialized and complex subject matter, or of the profession, art, or science involved, or of administrative work of marked difficulty;
(B) with wide latitude for the exercise of independent judgment, to perform responsible work of considerable difficulty requiring somewhat extended professional, scientific, or technical training and experience which has demonstrated important attainments and marked capacity for independent work; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(12) Grade GS–12 includes those classes of positions the duties of which are—
(A) to perform, under general administrative supervision, with wide latitude for the exercise of independent judgment, work of a very high order of difficulty and responsibility along special technical, supervisory, or administrative lines in office, business, or fiscal administration, requiring—
(i) extended specialized, supervisory, or administrative training and experience which has demonstrated leadership and attainments of a high order in specialized or administrative work; and
(ii) intimate grasp of a specialized and complex subject matter or of the profession, art, or science involved;
(B) under general administrative supervision, and with wide latitude for the exercise of independent judgment, to perform professional, scientific, or technical work of marked difficulty and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and attainments of a high order in professional, scientific, or technical research, practice, or administration; or
(C) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(13) Grade GS–13 includes those classes of positions the duties of which are—
(A) to perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility along special technical, supervisory, or administrative lines, requiring extended specialized, supervisory, or administrative training and experience which has demonstrated leadership and marked attainments;
(B) to serve as assistant head of a major organization involving work of comparable level within a bureau;
(C) to perform, under administrative direction, with wide latitude for the exercise of independent judgment, work of unusual difficulty and responsibility requiring extended professional, scientific, or technical training and experience which has demonstrated leadership and marked attainments in professional, scientific, or technical research, practice, or administration; or
(D) to perform other work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(14) Grade GS–14 includes those classes of positions the duties of which are—
(A) to perform, under general administrative direction, with wide latitude for the exercise of independent judgment, work of exceptional difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and unusual attainments;
(B) to serve as head of a major organization within a bureau involving work of comparable level;
(C) to plan and direct or to plan and execute major professional, scientific, technical, administrative, fiscal, or other specialized programs, requiring extended training and experience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal, or other specialized activities; or
(D) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(15) Grade GS–15 includes those classes of positions the duties of which are—
(A) to perform, under general administrative direction, with very wide latitude for the exercise of independent judgment, work of outstanding difficulty and responsibility along special technical, supervisory, or administrative lines which has demonstrated leadership and exceptional attainments;
(B) to serve as head of a major organization within a bureau involving work of comparable level;
(C) to plan and direct or to plan and execute specialized programs of marked difficulty, responsibility, and national significance, along professional, scientific, technical, administrative, fiscal, or other lines, requiring extended training and experience which has demonstrated leadership and unusual attainments in professional, scientific, or technical research, practice, or administration, or in administrative, fiscal, or other specialized activities; or
(D) to perform consulting or other professional, scientific, technical, administrative, fiscal, or other specialized work of equal importance, difficulty, and responsibility, and requiring comparable qualifications.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 28, 1949, ch. 782, §601, |
||
Oct. 28, 1949, ch. 782, §602, |
||
Sept. 1, 1954, ch. 1208, §108, |
||
June 20, 1958, |
Former sections 1111 and 1112 are combined and restated.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The General Schedule, referred to in text, is set out under
Amendments
1990—
Effective Date of 1990 Amendment
Amendment by
Job Evaluation Policy Act of 1970
"Title I—Congressional Findings With Respect to Job Evaluation and Ranking in the Executive Branch
"
"(1) the tremendous growth required in the activities of the Federal Government in order to meet the country's needs during the past several decades has led to the need for employees in an ever-increasing and changing variety of occupations and professions, many of which did not exist when the basic principles of job evaluation and ranking were established by the Classification Act of 1923 [Act Mar. 4, 1923, ch. 265,
"(2) the large number and variety of job evaluation and ranking systems in the executive branch have resulted in significant inequities in selection, promotion, and pay of employees in comparable positions among these systems;
"(3) little effort has been made by Congress or the executive branch to consolidate or coordinate the various job evaluation and ranking systems, and there has been no progress toward the establishment of a coordinated system in which job evaluation and ranking, regardless of the methods used, is related to a unified set of principles providing coherence and equity throughout the executive branch;
"(4) within the executive branch, there has been no significant study of, or experimentation with the several recognized methods of job evaluation and ranking to determine which of those methods are most appropriate for use and application to meet the present and future needs of the Federal Government; and
"(5) notwithstanding the recommendations resulting from the various studies conducted during the last twenty years, the Federal Government has not taken the initiative to implement those recommendations with respect to the job evaluation and ranking systems within the executive branch, with the result that such systems have not, in many cases, been adapted or administered to meet the rapidly changing needs of the Federal Government.
"Title II—Statement of Policy
"
"(1) the executive branch shall, in the interest of equity, efficiency, and good administration, operate under a coordinated job evaluation and ranking system for all civilian positions, to the greatest extent practicable;
"(2) the system shall be designed so as to utilize such methods of job evaluation and ranking as are appropriate for use in the executive branch, taking into account the various occupational categories of positions therein; and
"(3) the United States Civil Service Commission shall be authorized to exercise general supervision and control over such a system.
"Title III—Preparation of a Job Evaluation and Ranking Plan By the Civil Service Commission and Reports and Recommendations to Congress
"
"(1) provision for the establishment of a method or methods for evaluating jobs and alining them by level;
"(2) a time schedule for the conversion of existing job evaluation and ranking systems into the coordinated system;
"(3) provision that the Civil Service Commission shall have general supervision of and control over the coordinated job evaluation and ranking system, including, if the Commission deems it appropriate, the authority to approve or disapprove the adoption, use and administration in the executive branch of the method or methods established under that system;
"(4) provision for the establishment of procedures for the periodic review by the Civil Service Commission of the effectiveness of the method or methods adopted for use under the system; and
"(5) provision for maintenance of the system to meet the changing needs of the executive branch in the future.
"
"
"
"(b) Within two years after the date of enactment of this Act [Mar. 17, 1970]—
"(1) the Civil Service Commission shall complete its functions under this Act and shall transmit to the President a comprehensive report of the result of its activities, together with its recommendations (including its draft of proposed legislation to carry out such recommendations), and
"(2) the President shall transmit that report (including the recommendations and draft of proposed legislation of the Commission) to the Congress, together with such recommendations as the President deems appropriate.
"(c) The Commission shall submit to the Committees on Post Office and Civil Service of the Senate and House of Representatives once each calendar month, or at such other intervals as may be directed by those committees, or either of them, an interim progress report on the then current status and results of the activities of the Commission under this Act, together with the then current findings of the Commission.
"(d) The Commission shall periodically consult with, and solicit the views of, appropriate employee and professional organizations.
"(e) The organizational unit established under section 301 of this Act shall cease to exist upon the submission of the report to the Congress under subsection (b) of this section."
Section Referred to in Other Sections
This section is referred to in
§5105. Standards for classification of positions
(a) The Office of Personnel Management, after consulting the agencies, shall prepare standards for placing positions in their proper classes and grades. The Office may make such inquiries or investigations of the duties, responsibilities, and qualification requirements of positions as it considers necessary for this purpose. The agencies, on request of the Office, shall furnish information for and cooperate in the preparation of the standards. In the standards, which shall be published in such form as the Office may determine, the Office shall—
(1) define the various classes of positions in terms of duties, responsibilities, and qualification requirements;
(2) establish the official class titles; and
(3) set forth the grades in which the classes have been placed by the Office.
(b) The Office, after consulting the agencies to the extent considered necessary, shall revise, supplement, or abolish existing standards, or prepare new standards, so that, as nearly as may be practicable, positions existing at any given time will be covered by current published standards.
(c) The official class titles established under subsection (a)(2) of this section shall be used for personnel, budget, and fiscal purposes. However, this requirement does not prevent the use of organizational or other titles for internal administration, public convenience, law enforcement, or similar purposes.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 28, 1949, ch. 782, §401, |
The section is restated for clarity.
In subsection (b), the requirement that the Commission keep the standards up to date is omitted as included in the requirement that the Commission revise, supplement, or abolish existing standards, or prepare new standards so as to keep them current as nearly as practicable.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Subsecs. (a), (b).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5106. Basis for classifying positions
(a) Each position shall be placed in its appropriate class. The basis for determining the appropriate class is the duties and responsibilities of the position and the qualifications required by the duties and responsibilities.
(b) Each class shall be placed in its appropriate grade. The basis for determining the appropriate grade is the level of difficulty, responsibility, and qualification requirements of the work of the class.
(c) Appropriated funds may not be used to pay an employee who places a supervisory position in a class and grade solely on the basis of the size of the organization unit or the number of subordinates supervised. These factors may be given effect only to the extent warranted by the work load of the organization unit and then only in combination with other factors, such as the kind, difficulty, and complexity of work supervised, the degree and scope of responsibility delegated to the supervisor, and the kind, degree, and character of the supervision exercised.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a), (b) | Oct. 28, 1949, ch. 782, §302, |
|
(c) | Oct. 28, 1949, ch. 782, §303, |
In subsection (c), the prohibition is restated in positive form. The words "to pay" are substituted for the words "to pay the compensation of". The words "the group, section, bureau" are omitted as included in the words "the organization unit". The word "actually" in the phrase "of the supervision exercised" is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5107. Classification of positions
Except as otherwise provided by this chapter, each agency shall place each position under its jurisdiction in its appropriate class and grade in conformance with standards published by the Office of Personnel Management or, if no published standards apply directly, consistently with published standards. When facts warrant, an agency may change a position which it has placed in a class or grade under this section from that class or grade to another class or grade. Subject to subchapter VI of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 28, 1949, ch. 782, §502(a), |
The words "to which this chapter applies" are omitted as unnecessary in view of section 5102. The words "Subject to
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by section 803(a)(3)(E) of
Amendment by section 906(a)(2), (3) of
Section Referred to in Other Sections
This section is referred to in
§5108. Classification of positions above GS–15
(a) The Office of Personnel Management may, for any Executive agency—
(1) establish, and from time to time revise, the maximum number of positions which may at any one time be classified above GS–15; and
(2) establish standards and procedures (including requiring agencies, where necessary in the judgment of the Office, to obtain the prior approval of the Office) in accordance with which positions may be classified above GS–15.
(b) The President, rather than the Office, shall exercise the authority under subsection (a) in the case of positions proposed to be placed in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.
(
The section is reorganized for clarity.
In subsection (a)(2), the date "October 4, 1961" is substituted for "the date of enactment of this subparagraph".
Subsection (c)(6) is added on authority of section 302 of the Act of July 29, 1958,
In subsection (c)(8), the words "on and after July 7, 1955" are omitted as obsolete.
In subsection (d), the words "subsequent to February 1, 1958" are omitted as obsolete and the words "of the Government" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
The amendment to
Amendments
1992—Subsec. (a)(2).
1990—
Subsec. (c).
1988—Subsec. (a).
Subsec. (c)(1).
1980—Subsec. (c).
1979—Subsec. (c)(4), (17).
1978—Subsec. (a).
Subsec. (c)(2).
Subsec. (c)(3).
Subsec. (c)(4) to (11).
Subsec. (c)(8).
Subsec. (c)(12).
Subsec. (c)(13) to (16).
Subsec. (c)(17).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1977—Subsec. (a).
1976—Subsec. (c)(7).
Subsec. (c)(8).
1975—Subsec. (c)(11).
Subsec. (c)(13) to (16).
1974—Subsec. (c)(11).
Subsec. (c)(11) to (14).
Subsec. (c)(12).
Subsec. (c)(12).
Subsec. (e).
Subsec. (f).
Subsec. (g).
1973—Subsec. (c)(10).
1972—Subsec. (c).
1971—Subsec. (a).
Subsec. (c)(10).
1970—Subsec. (a).
Subsec. (c)(10).
1969—Subsec. (a).
Subsec. (b)(2).
Subsec. (c)(1).
Subsec. (c)(2).
1966—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(2).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Amendment by
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1974 Amendments
Amendment by
Amendment by
Amendment by
Amendment by
Effective Date of 1973 Amendment
Offices and salaries modified under amendment by
Effective Date of 1967 Amendment
Amendment by
Repeals
Additional GS–16, GS–17, and GS–18 Positions; Source for Appointments; Eligibility of Appointees; Termination of Authority on Leaving Positions; Determination of Aggregate Number of Positions Authorized for Placement in Such Grades
Termination of Authority To Place Positions in GS–16, 17, or 18 of the General Schedule
Section 414(a)(1)(B) of
Limitations on Executive Positions Not To Apply to Individuals Occupying Those Positions on October 12, 1978
Section 414(a)(3) of
"(A) The provisions of paragraphs (1) and (2) of this subsection [amending
"(B) The Director—
"(i) in establishing under
"(ii) in establishing under section 3104 of such title 5 the maximum number of scientific or professional positions which may be established,
shall take into account positions to which subparagraph (A) of this paragraph applies."
[References in laws to rates of pay for GS–16, 17, or 18, or to maximum rates of pay under General Schedule, to be considered references to rates payable under specified sections of this title, see section 529 [title I, §101(c)(1)] of
Additional Positions in Office of Management and Budget
Preference to Blind in Selection of Personnel
Preference to be given to blind individuals in selection of additional personnel under subsec. (c)(12) of this section, see section 208(c) of
Cross References
Chairman of Consumer Product Safety Commission authorized to place twelve positions in GS–16, GS–17, and GS–18, see
Section Referred to in Other Sections
This section is referred to in
§5109. Positions classified by statute
(a) The position held by an employee of the Department of Agriculture while he, under
(b)(1) The position held by a fully experienced and qualified railroad safety inspector of the Department of Transportation shall be classified in accordance with this chapter, but not lower than GS–12.
(2) The position held by a railroad safety specialist of the Department shall be classified in accordance with this chapter, but not lower than GS–13.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Apr. 4, 1940, ch. 75, §2 (3d sentence), |
|
(b) | Sept. 28, 1959, |
|
(c) | Sept. 23, 1959, |
In subsection (a), the words "
In subsection (c), the words "Notwithstanding any other law" were omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsecs. (b), (c).
1994—Subsec. (c).
1990—Subsec. (b).
1986—Subsec. (b).
1978—Subsecs. (b), (c).
1974—Subsec. (c).
1969—Subsec. (c).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1969 Amendment
Amendment by
Reduction of Basic Pay Rate
Rate of basic pay not to be reduced by reason of enactment of
Section Referred to in Other Sections
This section is referred to in
§5110. Review of classification of positions
(a) The Office of Personnel Management, from time to time, shall review such number of positions in each agency as will enable the Office to determine whether the agency is placing positions in classes and grades in conformance with or consistently with published standards.
(b) When the Office finds under subsection (a) of this section that a position is not placed in its proper class and grade in conformance with published standards or that a position for which there is no published standard is not placed in the class and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate class and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Oct. 28, 1949, ch. 782, §502(b), |
|
(b) | Oct. 28, 1949, ch. 782, §503, |
In subsection (b), the words "to which this chapter applies" are omitted as unnecessary in view of section 5102. The words "appropriate officials" and "administrative, certifying, payroll, disbursing, and accounting officials" are substituted for "appropriate officers and employees" and "administrative, certifying, payroll, disbursing, and accounting officers", respectively, to preserve the application to members of the uniformed services who are excluded from the definition of "officer" and "employee".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Subsecs. (a), (b).
Effective Date of 1978 Amendment
Amendment by
§5111. Revocation and restoration of authority to classify positions
(a) When the Office of Personnel Management finds that an agency is not placing positions in classes and grades in conformance with or consistently with published standards, it may revoke or suspend the authority granted to the agency by
(1) the departmental or field service, or any part thereof;
(2) a geographic area;
(3) an organization unit or group of organization units;
(4) certain types of classification actions;
(5) classes in particular occupational groups or grades; or
(6) classes for which standards have not been published.
(b) After revocation or suspension, the Office may restore the authority to the extent that it is satisfied that later actions placing positions in classes and grades will be in conformance with or consistent with published standards.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 28, 1949, ch. 782, §504, |
In subsection (a), the words "in whole or in part" are omitted as unnecessary in view of the specific authority to limit the revocation or suspension. The words "The Commission may limit the revocation or suspension to" are substituted for "Such revocations or suspensions may be limited, in the discretion of the Commission, to" to eliminate redundancy.
In subsection (b), the words "After revocation or suspension" are substituted for "After all or part of the authority of the department has been revoked or suspended". The words "may restore" are substituted for "may at any time restore" to eliminate redundancy.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Subsecs. (a), (b).
Effective Date of 1978 Amendment
Amendment by
§5112. General authority of the Office of Personnel Management
(a) Notwithstanding
(1) ascertain currently the facts as to the duties, responsibilities, and qualification requirements of a position;
(2) place in an appropriate class and grade a newly created position or a position coming initially under this chapter;
(3) decide whether a position is in its appropriate class and grade; and
(4) change a position from one class or grade to another class or grade when the facts warrant.
The Office shall certify to the agency concerned its action under paragraph (2) or (4) of this subsection. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
(b) An employee affected or an agency may request at any time that the Office exercise the authority granted to it by subsection (a) of this section and the Office shall act on the request.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 28, 1949, ch. 782, §501, |
In subsection (a), the words "which may be exercised at any time in its discretion" are omitted as redundant. The words "is binding on all administrative, certifying, payroll, disbursing, and accounting officials" are substituted for "shall be binding on all administrative, certifying, payroll, disbursing, and accounting officers of the Government" to preserve the application to members of the uniformed services.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Subsecs. (a), (b).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5113. Classification records
The Office of Personnel Management may—
(1) prescribe the form in which each agency shall record the duties and responsibilities of positions and the places where these records shall be maintained;
(2) examine these or other pertinent records of the agency; and
(3) interview employees of the agency who have knowledge of the duties and responsibilities of positions and information as to the reasons for placing a position in a class or grade.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 28, 1949, ch. 782, §506, |
In paragraph (1), the words "to which this chapter applies" are omitted as unnecessary in view of section 5102.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
[§5114. Repealed. Pub. L. 99–386, title I, §110(a), Aug. 22, 1986, 100 Stat. 822 ]
Section,
§5115. Regulations
The Office of Personnel Management may prescribe regulations necessary for the administration of this chapter, except sections 5109 and 5114.1
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 28, 1949, ch. 782, §1101, |
||
Sept. 1, 1954, ch. 1208, §113, |
Former sections 1072 and 1072a are combined and restated for clarity. The remainder of the authority is carried into sections 3324, 5338, and 7154.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 5114, referred to in text, was repealed by
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
1 See References in Text note below.
CHAPTER 53 —PAY RATES AND SYSTEMS
SUBCHAPTER I—PAY COMPARABILITY SYSTEM
SUBCHAPTER II—EXECUTIVE SCHEDULE PAY RATES
SUBCHAPTER III—GENERAL SCHEDULE PAY RATES
SUBCHAPTER IV—PREVAILING RATE SYSTEMS
SUBCHAPTER V—STUDENT-EMPLOYEES
SUBCHAPTER VI—GRADE AND PAY RETENTION
SUBCHAPTER VII—MISCELLANEOUS PROVISIONS
SUBCHAPTER VIII—PAY FOR THE SENIOR EXECUTIVE SERVICE
SUBCHAPTER IX—SPECIAL OCCUPATIONAL PAY SYSTEMS
Amendments
1992—
1990—
1979—
1978—
1975—
1972—
1971—
1969—
1967—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—PAY COMPARABILITY SYSTEM
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5301. Policy
It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that—
(1) there be equal pay for substantially equal work within each local pay area;
(2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions;
(3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and
(4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 11, 1962, |
The words "It is the policy of Congress" are substituted for "The Congress hereby declares". The words "whereas the functions of a Federal salary system are to fix salary rates for the services rendered by Federal employees so as to make possible the employment of persons well qualified to conduct the Government's programs and to control expenditures of public funds for personal services with equity to the employee and to the taxpayer, and whereas fulfillment of these functions is essential to the development and maintenance of maximum proficiency in the civilian services of Government, then, accordingly" are omitted as unnecessary.
In the last sentence, the words "and henceforth" are omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1990—
"(a) It is the policy of Congress that Federal pay fixing for employees under statutory pay systems be based on the principles that—
"(1) there be equal pay for substantially equal work;
"(2) pay distinctions be maintained in keeping with work and performance distinctions;
"(3) Federal pay rates be comparable with private enterprise pay rates for the same levels of work; and
"(4) pay levels for the statutory pay systems be interrelated.
"(b) The pay rates of each statutory pay system shall be fixed and adjusted in accordance with the principles under subsection (a) of this section and the provisions of
"(c) For the purpose of this subchapter, 'statutory pay system' means a pay system under—
"(1) subchapter III of this chapter, relating to the General Schedule;
"(2) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or
"(3)
1980—Subsec. (c)(2).
1971—
Effective Date of 1990 Amendment
Section 529 [title III, §305] of
"(a)
"(b)
Effective Date of 1980 Amendment
Amendment by
Short Title of 1993 Amendment
Short Title of 1990 Amendment; Rules of Construction
Section 529 [§1] of
"(a)
"(b)
"(2) Except as otherwise expressly provided, any reference (actual or implicit) in any provision of this Act outside of FEPCA to 'this Act' (or to any title, section, or other designated provision of 'this Act'), and any reference made in any provision of law outside of this Act to the 'Treasury, Postal Service and General Government Appropriations Act, 1991' [
Section 529 [title III, §306] of
Short Title
Section 1 of
Pay-for-Performance Labor-Management Committee
Section 529 [title I, §111] of
"(a)
"(1) the Federal Government should institute systems for determining pay for its General Schedule employees under which the linkage between their performance and their pay will be strengthened;
"(2) the design of such systems should be developed by the Office of Personnel Management, in conjunction with the Pay-for-Performance Labor-Management Committee;
"(3) the systems should provide flexibility to adapt to the different needs of different agencies and organizational components in the Federal Government; and
"(4) any legislation needed to implement the systems should be enacted in a timely fashion so as to permit implementation of the system by October 1, 1993.
"(b)
"(c)
"(1) a Chairman, who shall be appointed by the Director of the Office of Personnel Management on the basis of the appointee's education, training, and experience as an expert in compensation practices, and after consultation with the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives, respectively;
"(2) an employee of the Office of Personnel Management, designated by the Director of such Office;
"(3) an employee of the Department of Defense, designated by the Secretary of Defense;
"(4) 3 individuals, each of whom shall be an employee designated by the head of each of 3 other departments or agencies selected by the Director of the Office of Personnel Management from among departments and agencies having substantial numbers of General Schedule employees; and
"(5) 6 individuals appointed by the Director of the Office of Personnel Management to serve as representatives of employee organizations which represent substantial numbers of General Schedule employees, and who shall be selected with due consideration to such factors as the relative numbers of General Schedule employees represented by the various organizations, except that not more than 3 members of the Committee at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations.
"(d)
"(e)
"(f)
"(g)
"(1) the types of pay raises to be covered;
"(2) guidelines for pay-for-performance systems, including the criteria to be used in determining eligibility for and the amount of increases in basic pay above the midpoint of the pay range;
"(3) the role organization performance should play in pay-for-performance systems;
"(4) any differences in pay-for-performance systems for different categories of employees;
"(5) the role for employee organizations in the implementation and operation of pay-for-performance systems; and
"(6) whether demonstration projects on pay-for-performance are desirable."
Budget Act Compliance
Section 529 [title III, §301] of
Pay Rates for Current Employees
Section 529 [title III, §303] of
Ex. Ord. No. 12748. Providing for Federal Pay Administration
Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, as amended by Ex. Ord. No. 12883, Nov. 29, 1993, 58 F.R. 63281; Ex. Ord. No. 13106, §8, Dec. 7, 1998, 63 F.R. 68152, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Employees Pay Comparability Act of 1990 (hereinafter "FEPCA"), as incorporated in section 529 of
(a) the Office of Personnel Management, for the General Schedule;
(b) the Department of State, for the Foreign Service Schedule; and
(c) the Department of Veterans Affairs, for the Veterans Health Services and Research Administration Schedules.
(b) The head of each executive agency employing personnel under a statutory pay system, as defined in
(c) The President's Pay Agent, as designated in subsection (a), is hereby authorized and designated to exercise the authorities of the President under section 5304(g)–(h) [
(b) Before exercising the delegated authorities under subsection (a) regarding employees in positions other than those covered by the General Schedule, the Office of Personnel Management shall consult with the head of the agency employing such employees.
"(b) The Office of Personnel Management is hereby designated and empowered to perform the functions conferred upon the President by the provisions of
(a)
(b)
(c)
(b) The Office of Personnel Management shall take such actions as the Office may determine to be necessary to provide for the orderly termination of the Executive Assignment System.
(b) Except as otherwise provided by
Act Referred to in Other Sections
The Federal Pay Comparability Act of 1970 is referred to in title 19 sections 2075, 2171.
Section Referred to in Other Sections
This section is referred to in title 31 section 732; title 42 section 12651f.
§5302. Definitions
For the purpose of this subchapter—
(1) the term "statutory pay system" means a pay system under—
(A) subchapter III, relating to the General Schedule;
(B) section 403 of the Foreign Service Act of 1980, relating to the Foreign Service of the United States; or
(C)
(2) the term "ECI" means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics;
(3) the "base quarter" for any year is the 3-month period ending on September 30 of such year;
(4) the term "pay agent" means the agent designated by the President under section 5304(d)(1);
(5) the term "locality" or "pay locality" means any locality, as established or modified under section 5304;
(6) the term "pay disparity", as used with respect to a locality, means the extent to which rates of pay payable under the General Schedule are generally lower than the rates paid for the same levels of work by non-Federal workers in the same locality; except as otherwise required in this subchapter, a pay disparity shall be expressed as a single percentage which, if uniformly applied to employees within the locality who are receiving rates of pay under the General Schedule, would cause the rates payable to such employees to become substantially equal (when considered in the aggregate) to the rates paid to non-Federal workers for the same levels of work in the same locality;
(7) the term "comparability payment" means a payment payable under section 5304;
(8) the term "rates of pay under the General Schedule", "rates of pay for the General Schedule", or "scheduled rates of basic pay" means—
(A) the rates of basic pay set forth in the General Schedule; and
(B) in the case of an employee receiving a retained rate of basic pay under section 5363, the rate of basic pay payable under such section; and
(9) the term "General Schedule position" means any position to which subchapter III applies.
(Added
References in Text
Section 403 of the Foreign Service Act of 1980, referred to in par. (1)(B), is classified to
Prior Provisions
A prior section 5302,
Amendments
1993—Par. (8).
Par. (9).
1992—Par. (1)(C).
Par. (8)(C).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date
Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of
Section Referred to in Other Sections
This section is referred to in
§5303. Annual adjustments to pay schedules
(a) Effective as of the first day of the first applicable pay period beginning on or after January 1 of each calendar year, the rates of basic pay for each statutory pay system shall be increased by the percentage (rounded to the nearest one-tenth of 1 percent) equal to one-half of 1 percentage point less than the percentage by which the ECI for the base quarter of the year before the preceding calendar year exceeds the ECI for the base quarter of the second year before the preceding calendar year (if at all).
(b)(1) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the pay adjustment which would otherwise be required by subsection (a) in any year to be inappropriate, the President shall—
(A) prepare and transmit to Congress before September 1 of the preceding calendar year a plan for such alternative pay adjustments as he considers appropriate, together with the reasons therefor; and
(B) adjust the rates of pay of each statutory pay system, in accordance with such plan, effective on the same day as the increase under subsection (a) would otherwise take effect.
(2) In evaluating an economic condition affecting the general welfare under this subsection, the President shall consider pertinent economic measures including, but not limited to, the Indexes of Leading Economic Indicators, the Gross National Product, the unemployment rate, the budget deficit, the Consumer Price Index, the Producer Price Index, the Employment Cost Index, and the Implicit Price Deflator for Personal Consumption Expenditures.
(3) The President shall include in the report to Congress under paragraph (1)(A) his assessment of the impact that the alternative pay adjustments under this subsection will have on the Government's ability to recruit and retain well-qualified employees.
(c) The rates of basic pay that take effect under this section—
(1) shall modify, supersede, or render inapplicable, as the case may be, to the extent inconsistent therewith, any prior rates of basic pay under the statutory pay system involved (as last adjusted under this section or prior provisions of law); and
(2) shall be printed in the Federal Register and the Code of Federal Regulations.
(d) An increase in rates of basic pay that takes effect under this section is not an equivalent increase in pay within the meaning of section 5335.
(e) This section does not impair any authority pursuant to which rates of basic pay may be fixed by administrative action.
(f) Pay may not be paid, by reason of any provision of this section (disregarding any comparability payment payable), at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule.
(g) Any rate of pay under this section shall be initially adjusted, effective on the effective date of the rate of pay, under conversion rules prescribed by the President or by such agency or agencies as the President may designate.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 11, 1962, Aug. 14, 1964, |
In subsection (a), the words "the provisions of this title governing appointment in the competitive service" are substituted for "the civil service laws and regulations".
In subsections (a), (b), and (d), the word "agency" is substituted for "agency or agencies" because the singular imports the plural, see
In subsection (d), the word "officer" is omitted as included in "employee", "agency" is substituted for "department", and "rules" is omitted as included in "regulations".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Level V of the Executive Schedule, referred to in subsec. (f), is set out in
Amendments
1990—
1980—Subsec. (a)(4).
1978—Subsec. (a).
1975—Subsec. (c).
1970—Subsec. (a)(2).
1967—Subsec. (a).
Subsec. (d).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Delegation of Functions
For designation of agencies to perform functions of President under subsec. (g) of this section, see Ex. Ord. No. 12748, §1, Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, 1991, set out as a note under
Pay Raises for Programs Funded by Energy and Water Development Appropriations Acts To Be Absorbed Within Such Acts
Sense of Congress
Section 529 [title I, §101(e)] of
Federal Employee Pay Adjustments
1999—
"(a) The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 2000 under
"(b) Funds used to carry out this section shall be paid from appropriations which are made to each applicable department or agency for salaries and expenses for fiscal year 2000."
1998—
"(a) The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 1999 under
"(b) Funds used to carry out this section shall be paid from appropriations which are made to each applicable department or agency for salaries and expenses for fiscal year 1999."
1996—
1995—
1994—
"(1) The adjustment in rates of basic pay for the statutory pay systems that takes effect in fiscal year 1995 under
"(2) For purposes of each provision of law amended by section 704(a)(2) of the Ethics Reform Act of 1989 [
"(3) For purposes of this subsection, the term 'statutory pay system' shall have the meaning given such term by
1993—
"(a) Any adjustment required by
"(b) For the purpose of this section, the term 'statutory pay system' has the meaning given such term by
1990—
"(a) Notwithstanding any other provision of law, in the case of fiscal year 1991, the overall average percentage of the adjustment under
"(b) Any increase in a pay rate or schedule which takes effect under such section 5305 in fiscal year 1991 (in accordance with subsection (a)) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1, 1991."
"(a)
"(1) For purposes of the adjustment taking effect in each of fiscal years 1992 and 1993, respectively, deem subsection (a) to be amended by striking 'one-half of 1 percentage point less than'.
"(2) Deem subsection (b) to be amended as follows:
"(A) In paragraph (1), strike 'if' and all that follows thereafter through 'welfare,' and insert 'Subject to paragraph (2), if'.
"(B) Redesignate paragraphs (2) and (3) as paragraphs (3) and (4), respectively.
"(C) Insert after paragraph (1) the following:
" '(2) Authority to provide alternative pay adjustments under this subsection in any year may not be exercised except in accordance with the following:
" '(A) If the adjustment which (but for this subsection) would otherwise take effect under this section in a fiscal year would be 5 percent or less, no reduction may be made unless necessary because a state of war or severe economic conditions exist.
" '(B) If the adjustment which (but for this subsection) would otherwise take effect under this section in a fiscal year would be greater than 5 percent, no reduction may be made—
" '(i) to a level of 5 percent or greater, unless necessary because of national emergency or serious economic conditions affecting the general welfare; or
" '(ii) to a level of less than 5 percent, unless necessary because of either of the reasons set forth in subparagraph (A).'
"(D) Add after paragraph (4) (as so redesignated by subparagraph (B) the following:
" '(5) For the purpose of this subsection, "severe economic conditions" shall be considered to exist relative to an adjustment scheduled to take effect on a given date if, during the 12-month period ending 2 calendar quarters before such date, there occurred 2 consecutive quarters of negative growth in the GNP.'
"(b)
1989—
"(a)
"(1)
"(2)
"(A) Section 620(b) of the Treasury, Postal Service and General Government Appropriations Act, 1989 (
"(B) Section 619(b) of the Treasury, Postal Service and General Government Appropriations Act, 1990 (
"(b)
"(c)
"(d)
"(1)
"(A) the percentage increase that would have taken effect in fiscal year 1988 if the provisions of section 601(a)(2) of the Legislative Reorganization Act of 1946 (
"(B) the percentage increase that would have taken effect in fiscal year 1989 if the provisions of section 601(a)(2) of the Legislative Reorganization Act of 1946 (
"(C) the percentage increase that would take effect in fiscal year 1990 by the application of section 601(a)(2) of the Legislative Reorganization Act of 1946 (
"(2) The increase in the rates of pay for each office and position described under paragraph (1) shall be effective on the first day of the first pay period beginning on or after January 1, 1990."
"(a)(1) Notwithstanding any other provision of law, in the case of fiscal year 1990, the overall average percentage of the adjustment under
"(2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1, 1990.
"(b)(1) Notwithstanding any other provision of this Act or any other law, no adjustment in rates of pay under
"(A) if the rate of salary or basic pay payable for that office or position as of September 30, 1989, was equal to or greater than the rate of basic pay described in paragraph (3); or
"(B) to a rate exceeding the rate of basic pay described in paragraph (3) if, as of September 30, 1989, the rate of salary or basic pay payable for that office or position was less than the rate described in such paragraph.
"(2) For purposes of paragraph (1), the rate of salary or basic pay payable as of September 30, 1989, for any office or position which was not in existence on such date shall be deemed to be the rate of salary or basic pay payable to individuals in comparable offices or positions on such date, as determined under regulations prescribed—
"(A) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia;
"(B) jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or
"(C) by the Chief Justice of the United States, in the case of any office or position within the judicial branch.
"(3) The rate of basic pay described in this paragraph is the rate equal to the rate of basic pay payable for level III of the Executive Schedule under
1988—
"(a)(1) Notwithstanding any other provision of law, in the case of fiscal year 1989, the overall percentage of the adjustment under
"(2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1, 1989.
"(b)(1) Notwithstanding any other provision of this Act or any other law, no adjustment in rates of pay under
"(A) if the rate of salary or basic pay payable for that office or position as of September 30, 1988, was equal to or greater than the rate of basic pay then payable for level III of the Executive Schedule under
"(B) to a rate exceeding the rate of basic pay payable for level III of the Executive Schedule under such section 5314 as of September 30, 1988, if, as of that date, the rate of salary or basic pay payable for that office or position was less than the rate of basic pay then payable for such level III.
"(2) For purposes of paragraph (1), the rate of salary or basic pay payable as of September 30, 1988, for any office or position which was not in existence on such date shall be deemed to be the rate of salary or basic pay payable to individuals in comparable offices or positions on such date, as determined under regulations prescribed—
"(A) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia;
"(B) jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or
"(C) by the Chief Justice of the United States, in the case of any office or position within the judicial branch."
1987—
"(a) Notwithstanding any other provision of this resolution or any other law, no adjustment in rates of pay under
"(1) if the rate of salary or basic pay payable for that office or position as of September 30, 1987, was equal to or greater than the rate of basic pay then payable for level V of the Executive Schedule under
"(2) to a rate exceeding the rate of basic pay payable for level V of the Executive Schedule under such section 5316 as of September 30, 1987, if, as of that date, the rate of salary or basic pay payable for that office or position was less than the rate of basic pay then payable for such level V.
"(b) For purposes of subsection (a), the rate of salary or basic pay payable as of September 30, 1987, for any office or position which was not in existence on such date shall be deemed to be the rate of salary or basic pay payable to individuals in comparable offices or positions on such date, as determined under regulations prescribed—
"(1) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia;
"(2) jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or
"(3) by the Chief Justice of the United States, in the case of any office or position within the judicial branch."
"(1)
"(2)
1986—
"(1) Notwithstanding any other provision of law, in the case of fiscal year 1987, the overall percentage of the adjustment under
"(2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1, 1987.
"(3)(A) Notwithstanding any other provision of law, determinations relating to amounts to be appropriated in order to provide for the adjustment described in paragraph (1) shall be made based on the assumption that the various departments and agencies of the Government will, in the aggregate, absorb 50 percent of the increase in total pay for fiscal year 1987.
"(B) Subparagraph (A) does not apply with respect to the Department of Defense or pay for employees of the Department of Defense.
"(4) For purposes of this subsection—
"(A) the term 'total pay' means, with respect to a fiscal year, the total amount of basic pay which will be payable to employees covered by statutory pay systems for service performed during such fiscal year;
"(B) the term 'increase in total pay' means, with respect to a fiscal year, that part of total pay for such year which is attributable to the adjustment taking effect under this section during such year; and
"(C) the term 'statutory pay system' has the meaning given such term by
"(1) The rates of pay under the General Schedule and the rates of pay under the other statutory pay systems referred to in
"(2)(A)(i) For fiscal years 1987 and 1988, the President shall provide for the adjustment of rates of pay under
"(ii) Clause (i) of this subparagraph shall not be construed to suspend the requirements of
"(B) Each adjustment in a pay rate or schedule which takes effect pursuant to subparagraph (A) of this paragraph—
"(i) shall, to the maximum extent practicable, be of the same percentage; and
"(ii) shall be effective with respect to pay periods beginning on or after January 1 of the fiscal year involved."
1984—
"(1) Notwithstanding any other provision of law, in the case of fiscal year 1984, the overall percentage of the adjustment under
"(2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect as of the first day of the first applicable pay period commencing on or after January 1 of such fiscal year."
1982—
"(1) Notwithstanding any other provision of law, if—
"(A) before September 1, 1982, the President transmits to the Congress pursuant to
"(B) the alternative plan referred to in subparagraph (A) is disapproved pursuant to such section 5305,
the rates of pay under the General Schedule and the rates of pay under the other statutory pay systems shall be increased under the provisions of such section 5305 by 4 percent in the case of fiscal year 1983.
"(2) Each increase in a pay rate or schedule which takes effect pursuant to paragraph (1) shall, to the maximum extent practicable, be of the same percentage, and shall take effect on the first day of the first applicable pay period commencing on or after October 1 of such fiscal year."
1981—
1978—
"(a) No part of any of the funds appropriated for the fiscal year ending September 30, 1979, by this Act or any other Act, may be used to pay the salary or pay of any individual in any office or position in an amount which exceeds the rate of salary or basic pay payable for such office or position on September 30, 1978, by more than 5.5 percent, as a result of any adjustments which take effect during such fiscal year under—
"(1)
"(2) any other provision of law if such adjustment is determined by reference to such section 5305; or
"(3)
"(b) For the purpose of administering any provision of law, rule, or regulation which provides premium pay, retirement, life insurance, or other employee benefit, which requires any deduction or contribution, or which imposes any requirement or limitation, on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay."
1971—
"(1) shall not be greater than the guidelines established for the wage and salary adjustments for the private sector that may be authorized under authority of any statute of the United States, including the Economic Stabilization Act of 1970 (
"(2) shall be placed into effect on the first day of the first pay period that begins on or after January 1, 1972.
Nothing in this section shall be construed to provide any adjustments in rates of pay of any Federal statutory pay system which are greater than the adjustments based on the 1971 Bureau of Labor Statistics survey."
Section 3(c) of
1967—
"(1) effective on the first day of the first pay period beginning on or after July 1, 1968, adjust the rates of basic pay, basic compensation, and salary, as in effect by reason of the enactment of the provisions of this title [see Short Title note under
"(A) by amounts equal, as nearly as may be practicable, to one-half of the amounts by which such rates are exceeded by rates of pay paid for the same levels of work in private enterprise as determined on the basis of the 1967 annual survey conducted by the Bureau of Labor Statistics in accordance with the provisions of
"(B) by 3 per centum,
whichever is greater; and
"(2) effective on the first day of the first pay period beginning on or after July 1, 1969, adjust the rates he has established under subparagraph (1) of this section, and the rates established by Postal Field Service Schedule II, and Rural Carrier Schedule II (contained in the amendments made by subsections (a) and (b) of section 205 [amending
Adjustments made by the President under this section shall have the force and effect of statute. The rates of pay of personnel subject to sections 210, 213 (except subsections (d) and (e) ), and 214 of this title [see Short Title note under
"(i) the President pro tempore of the Senate, with respect to the United States Senate;
"(ii) the Speaker of the House of Representatives with respect to the United States House of Representatives;
"(iii) the Architect of the Capitol, with respect to the Office of the Architect of the Capitol;
"(iv) the Director of the Administrative Office of the United States Courts, with respect to the judicial branch of the Government; and
"(v) the Secretary of Agriculture, with respect to persons employed by the county committees established pursuant to section 8(b) of the Soil Conservation and Domestic Allotment Act (
Such adjustments shall be made in such manner as the appropriate authority concerned deems advisable and shall have the force and effect of statute. Nothing in this section shall impair any authority pursuant to which rates of pay may be fixed by administrative action." [Section 212 of
Section Referred to in Other Sections
This section is referred to in
§5304. Locality-based comparability payments
(a) Pay disparities shall be identified and reduced as follows:
(1) Comparability payments shall be payable within each locality determined to have a pay disparity greater than 5 percent.
(2)(A) The localities having pay disparities, and the size of those disparities, shall, for purposes of any comparability payment scheduled to take effect in any calendar year, be determined in accordance with the appropriate report, as prepared and submitted to the President under subsection (d)(1) for purposes of such calendar year.
(B) Any computation necessary to determine the size of the comparability payment to become payable for any locality in a year (as well as any determination as to the size of any pay disparity remaining after that comparability payment is made) shall likewise be made using data contained in the appropriate report (described in subparagraph (A)) so prepared and submitted for purposes of such calendar year.
(3) Subject to paragraph (4), the amount of the comparability payments payable under this subsection in a calendar year within any locality in which a comparability payment is payable shall be computed using such percentage as the President determines for such locality under subsection (d)(2), except that—
(A) the percentage for the first calendar year in which any amounts are payable under this section may not be less than 1/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(B) the percentage for the second calendar year in which any amounts are payable under this section may not be less than 3/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(C) the percentage for the third calendar year in which any amounts are payable under this section may not be less than 2/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(D) the percentage for the fourth calendar year in which any amounts are payable under this section may not be less than ½ of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(E) the percentage for the fifth calendar year in which any amounts are payable under this section may not be less than 3/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(F) the percentage for the sixth calendar year in which any amounts are payable under this section may not be less than 7/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(G) the percentage for the seventh calendar year in which any amounts are payable under this section may not be less than 4/5 of the amount needed to reduce the pay disparity of the locality involved to 5 percent;
(H) the percentage for the eighth calendar year in which any amounts are payable under this section may not be less than 9/10 of the amount needed to reduce the pay disparity of the locality involved to 5 percent; and
(I) the percentage for the ninth calendar year in which any amounts are payable under this section, and any year thereafter, may not be less than the full amount necessary to reduce the pay disparity of the locality involved to 5 percent.
(4) Nothing in this section shall be considered to preclude the President, in his discretion, from adjusting comparability payments to a level higher than the minimum level otherwise required in a calendar year, including to the level necessary to eliminate a locality's pay disparity completely.
(b) After the ninth calendar year (referred to in subsection (a)(3)(I)), the level of comparability payments payable within such locality may be reduced for any subsequent calendar year, but only if, or to the extent that, the reduction would not immediately create another pay disparity in excess of 5 percent within the locality (taking into consideration any comparability payments remaining payable).
(c)(1) The amount of the comparability payment payable within any particular locality during a calendar year—
(A) shall be stated as a single percentage, which shall be uniformly applicable to General Schedule positions within the locality; and
(B) shall, for any employee entitled to receive a comparability payment, be computed by applying that percentage to such employee's scheduled rate of basic pay (or, if lower due to a limitation on the rate payable, the rate actually payable), subject to subsection (g).
(2) A comparability payment—
(A) shall be considered to be part of basic pay for purposes of retirement under
(B) shall be paid in the same manner and at the same time as the basic pay payable to such employee pursuant to any provision of law outside of this section.
(3) Nothing in this subchapter shall be considered to permit or require that any portion of a comparability payment be taken into account for purposes of any adjustment under section 5303.
(4)(A) Only employees receiving scheduled rates of basic pay (subject to any pay limitation which may apply) shall be eligible for comparability payments under this section.
(B) Comparability payments shall not be payable for service performed in any position which may not, under subsection (f)(1)(A), be included within a pay locality.
(d) In order to carry out this section, the President shall—
(1) direct such agent as he considers appropriate to prepare and submit to him annually, after considering such views and recommendations as may be submitted under subsection (e) (but not later than 13 months before the start of the calendar year for purposes of which it is prepared), a report that—
(A) compares the rates of pay under the General Schedule (disregarding any described in section 5302(8)(C)) 1 with the rates of pay generally paid to non-Federal workers for the same levels of work within each pay locality, as determined on the basis of appropriate surveys that shall be conducted by the Bureau of Labor Statistics;
(B) based on data from such surveys, identifies each locality in which a pay disparity exists and specifies the size of each such pay disparity (before and after taking into consideration any comparability payments payable);
(C) makes recommendations for appropriate comparability payments, in conformance with applicable requirements of this section; and
(D) includes the views and recommendations submitted under subsection (e);
(2) after considering the report of his agent (including the views and recommendations referred to in subsection (e)(2)(C), provide for or adjust comparability payments in conformance with applicable requirements of this section, effective as of the beginning of the first applicable pay period commencing on or after January 1 of the applicable year; and
(3) transmit to Congress a report of the actions taken under paragraph (2) (together with a copy of the report submitted to him by his agent, including the views and recommendations referred to in subsection (e)(2)(C)) which shall—
(A) identify each pay locality;
(B) specify which localities have pay disparities in excess of 5 percent, and the size of the disparity existing in each of those localities, according to the pay agent's most recent report under paragraph (1) (before and after taking into consideration any comparability payments payable); and
(C) indicate the size of the respective comparability payments (expressed as percentages) which will be in effect under paragraph (2) for the various pay localities specified under subparagraph (B) for the applicable calendar year.
(e)(1) The President shall establish a Federal Salary Council of 9 members, of whom—
(A) 3 shall be chosen from among persons generally recognized for their impartiality, knowledge, and experience in the field of labor relations and pay policy; and
(B) 6 shall be representatives of employee organizations which represent substantial numbers of employees holding General Schedule positions, and who shall be selected giving due consideration to such factors as the relative numbers of employees represented by the various organizations, except that not more than 3 members of the Council at any one time shall be from a single employee organization, council, federation, alliance, association, or affiliation of employee organizations.
Members of the Council shall not receive pay by reason of their service on the Council, nor shall members who are not otherwise employees of the United States be considered employees by reason of any such service. However, members under subparagraph (A) may be paid expenses in accordance with section 5703. The President shall designate one of the members to serve as Chairman of the Federal Salary Council. One of the 3 members under subparagraph (A) may be the Chairman of the Federal Prevailing Rate Advisory Committee, notwithstanding the restriction under section 5347(a)(1), and such individual may also be designated to serve as Chairman of the Federal Salary Council.
(2) The pay agent shall—
(A) provide for meetings with the Council and give thorough consideration to the views and recommendations of the Council and the individual views and recommendations, if any, of the members of the Council regarding—
(i) the establishment or modification of pay localities;
(ii) the coverage of the surveys of pay localities conducted by the Bureau of Labor Statistics under subsection (d)(1)(A) (including, but not limited to, the occupations, establishment sizes, and industries to be surveyed, and how pay localities are to be surveyed);
(iii) the process of comparing the rates of pay payable under the General Schedule with rates of pay for the same levels of work performed by non-Federal workers; and
(iv) the level of comparability payments that should be paid in order to eliminate or reduce pay disparities in accordance with the requirements of this section;
(B) give thorough consideration to the views and recommendations of employee organizations not represented on the Council regarding the subjects in subparagraph (A)(i)–(iv); and
(C) include in its report to the President the views and recommendations submitted as provided in this subsection by the Council, by any member of the Council, and by employee organizations not represented on the Council.
(f)(1) The pay agent may provide for such pay localities as the pay agent considers appropriate, except that—
(A) each General Schedule position (excluding any outside the continental United States, as defined in section 5701(6)) shall be included with a pay locality; and
(B) the boundaries of pay localities shall be determined based on appropriate factors which may include local labor market patterns, commuting patterns, and practices of other employers.
(2)(A) The establishment or modification of any such boundaries shall be effected by regulations which, notwithstanding subsection (a)(2) of section 553, shall be promulgated in accordance with the notice and comment requirements of such section.
(B) Judicial review of any regulation under this subsection shall be limited to whether or not it was promulgated in accordance with the requirements referred to in subparagraph (A).
(g)(1) Except as provided in paragraph (2), comparability payments may not be paid at a rate which, when added to the rate of basic pay otherwise payable to the employee involved, would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule.
(2) The applicable maximum under this subsection shall be level III of the Executive Schedule for—
(A) positions under subparagraphs (A)–(E) of subsection (h)(1); and
(B) any positions under subsection (h)(1)(F) which the President may determine.
(h)(1) For the purpose of this subsection, the term "position" means—
(A) a position to which section 5376 applies (relating to certain senior-level positions);
(B) a Senior Executive Service position under section 3132;
(C) a position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151;
(D) a position to which section 5372 applies (relating to administrative law judges appointed under section 3105);
(E) a position to which section 5372a applies (relating to contract appeals board members); and
(F) a position within an Executive agency not covered under the General Schedule or any of the preceding subparagraphs, the rate of basic pay for which is (or, but for this section, would be) no more than the rate payable for level IV of the Executive Schedule;
but does not include—
(i) a position to which subchapter IV applies (relating to prevailing rate systems);
(ii) a position as to which a rate of pay is authorized under section 5377 (relating to critical positions); or
(iii) a position to which subchapter II applies (relating to the Executive Schedule).
(2)(A) Notwithstanding subsection (c)(4) or any other provision of this section, but subject to subparagraph (B) and paragraph (3), upon the request of the head of an Executive agency with respect to 1 or more categories of positions, the President may provide that each employee of such agency who holds a position within such category, and within the particular locality involved, shall be entitled to receive comparability payments.
(B) A request by an agency head or exercise of authority by the President under subparagraph (A) shall cover—
(i) with respect to the positions under subparagraphs (A) through (E) of paragraph (1), all positions described in the subparagraph or subparagraphs involved (excluding any under clause (i) or (ii) of such paragraph); and
(ii) with respect to positions under paragraph (1)(F), such positions as may be considered appropriate (excluding any under clause (i) or (ii) of paragraph (1)).
(C) Notwithstanding subsection (c)(4) or any other provision of law, but subject to paragraph (3), in the case of a category with positions that are in more than 1 Executive agency, the President may, on his own initiative, provide that each employee who holds a position within such category, and in the locality involved, shall be entitled to receive comparability payments. No later than 30 days before an employee receives comparability payments under this subparagraph, the President or the President's designee shall submit a detailed report to the Congress justifying the reasons for the extension, including consideration of recruitment and retention rates and the expense of extending locality pay.
(3) Comparability payments under this subsection—
(A) may be paid only in any calendar year in which comparability payments under the preceding provisions of this section are payable with respect to General Schedule positions within the same locality;
(B) shall take effect, within the locality involved, on the first day of the first applicable pay period commencing on or after such date as the President designates (except that no date may be designated which would require any retroactive payments), and shall remain in effect through the last day of the last applicable pay period commencing during that calendar year;
(C) shall be computed using the same percentage as is applicable, for the calendar year involved, with respect to General Schedule positions within the same locality; and
(D) shall be subject to the applicable limitation under subsection (g).
(i) The Office of Personnel Management may prescribe regulations, consistent with the provisions of this section, governing the payment of comparability payments to employees.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 11, 1962, |
The words "agencies" and "regulations" are substituted for "departments" and "rules", respectively.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The General Schedule, referred to in text, is set out under
Section 5302(8)(C), referred to in subsec. (d)(1)(A), was redesignated 5302(8)(B) of this title by
Levels III and IV of the Executive Schedule, referred to in subsecs. (g) and (h)(1)(F), are set out in sections 5314 and 5315, respectively, of this title.
Amendments
1992—Subsec. (a)(3).
Subsec. (a)(3)(H).
Subsec. (a)(3)(I).
Subsec. (d)(1)(A).
Subsec. (e)(1).
Subsec. (e)(2)(A)(ii).
Subsec. (g)(2).
Subsec. (h)(1)(F).
Subsec. (h)(1)(iii).
Subsec. (h)(2)(C).
Subsec. (h)(3)(B).
1990—
1980—
1978—
1970—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Delegation of Functions
For designation of agents of President under subsecs. (d)(1) and (h) of this section, see Ex. Ord. No. 12748, §2(a), Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, 1991, set out as a note under
Comparability Payments in 1994 and 1995
"(b) For purposes of any locality-based comparability payments taking effect in fiscal year 1995 under subchapter I of
"(c) Notwithstanding
"(1) as determined by the pay agent (within the meaning of section 5302 of such title); and
"(2) determined as if the rates of pay and comparability payments payable on September 30, 1994, had remained in effect."
Section 8(b) of
"(1) the report required by subsection (d)(1) of such section may be submitted not later than 1 month before the start of the calendar year for purposes of which it is prepared; and
"(2) the surveys conducted by the Bureau of Labor Statistics for use in preparing any such report may be other than annual surveys, and shall, to the greatest extent practicable, be completed not later than 4 months before the start of the calendar year for purposes of which the surveys are conducted."
Interim Geographic Adjustments
Section 529 [title III, §302] of
"(a)
"(1) the term 'area' means any consolidated metropolitan statistical area, primary metropolitan statistical area, or metropolitan statistical area, with at least 5,000 General Schedule employees; and
"(2) the term 'pay relative' shall have the meaning given such term under regulations prescribed by the Bureau of Labor Statistics.
"(b)
"(2) In determining areas where an interim geographic adjustment is needed, the President shall consider available evidence of significant pay disparities, including BLS information on pay relatives and relevant commercial surveys, and recruitment or retention problems.
"(c)
"(A) the basic pay to which a percentage is applied in computing an amount payable under this section;
"(B) the purposes for which any amount under this section is to be considered part of basic pay;
"(C) the time and manner in which amounts under this section are to be paid (including any maximum rate limitation); and
"(D) the authority of the President, upon request of an agency head, to extend this section to employees who would not otherwise be covered.
"(2) No amount payable under this section shall be taken into account in any survey or computation under, or for any other purpose in the administration of,
"(d)
"(2)(A) The size of any payments under this section may be reduced or terminated after the amendments made by section 101 of this Act [section 529 [title I, §101] of
"(B) The total rate to which subparagraph (A) applies is the sum of—
"(i) the rate at which comparability payments (under
"(ii) the rate at which payments under this section are payable.
"(e)
"(f)
[Amendment by
[Amendment by
Interim geographic adjustments pursuant to section 529 [title III, §302] of
Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, effective Jan. 1, 1995.
Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, effective Jan. 1, 1993.
Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, effective Jan. 1, 1992.
Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, effective Jan. 1, 1991.
Executive Order No. 11073
Ex. Ord. No. 11073, Jan. 7, 1963, 28 F.R. 203, as amended by Ex. Ord. No. 11173, Aug. 20, 1964, 29 F.R. 11999, which provided for Federal salary administration, was superseded by Ex. Ord. No. 11721, May 23, 1973, 38 F.R. 13717, formerly set out below.
Executive Order No. 11721
Ex. Ord. No. 11721, May 23, 1973, 38 F.R. 13717, as amended by Ex. Ord. No. 12004, July 20, 1977, 42 F.R. 37527; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which provided for administration of the Federal pay system, was revoked by Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, 1991, set out under
Ex. Ord. No. 12764. Federal Salary Council
Ex. Ord. No. 12764, June 5, 1991, 56 F.R. 26587, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(a) the establishment or modification of pay localities;
(b) the coverage of annual surveys conducted by the Bureau of Labor Statistics under sub
(c) the process of comparing the rates of pay payable under the General Schedule with rates of pay for the same levels of work performed by non-Federal workers; and
(d) the level of comparability payments that should be paid in order to eliminate or reduce pay disparities in accordance with the requirements of
(b) To the extent permitted by law and subject to the availability of appropriations, the Office of Personnel Management (the "Office") shall provide such facilities and administrative support to the Council as the Director of the Office determines appropriate.
(c) Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act, as amended [5 App. U.S.C.], except that of reporting to the Congress, which are applicable to the Council, shall be performed by the Director of the Office, in accordance with the guidelines and procedures established by the Administrator of General Services.
George Bush.
Locality-Based Comparability Payments
Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
Locality Pay Area 1 | Rate |
---|---|
Atlanta, GA | 7.66% |
Boston-Worcester-Lawrence, MA–NH–ME–CT | 10.72% |
Chicago-Gary-Kenosha, IL–IN–WI | 11.49% |
Cincinnati-Hamilton, OH–KY–IN | 9.52% |
Cleveland-Akron, OH | 8.05% |
Columbus, OH | 8.55% |
Dallas-Fort Worth, TX | 8.59% |
Dayton-Springfield, OH | 7.63% |
Denver-Boulder-Greeley, CO | 10.54% |
Detroit-Ann Arbor-Flint, MI | 11.64% |
Hartford, CT | 11.25% |
Houston-Galveston-Brazoria, TX | 14.79% |
Huntsville, AL | 7.22% |
Indianapolis, IN | 6.99% |
Kansas City, MO–KS | 7.42% |
Los Angeles-Riverside-Orange County, CA | 12.76% |
Miami-Fort Lauderdale, FL | 9.80% |
Milwaukee-Racine, WI | 7.83% |
Minneapolis-St. Paul, MN–WI | 9.11% |
New York-Northern New Jersey-Long Island, NY–NJ–CT–PA | 12.09% |
Orlando, FL | 6.79% |
Philadelphia-Wilmington-Atlantic City, PA–NJ–DE–MD | 9.55% |
Pittsburgh, PA | 7.61% |
Portland-Salem, OR–WA | 9.06% |
Richmond-Petersburg, VA | 7.60% |
Sacramento-Yolo, CA | 9.50% |
St. Louis, MO–IL | 7.08% |
San Diego, CA | 9.97% |
San Francisco-Oakland-San Jose, CA | 15.01% |
Seattle-Tacoma-Bremerton, WA | 9.20% |
Washington-Baltimore, DC–MD–VA–WV | 9.05% |
Rest of U.S. | 6.78% |
1 Locality Pay Areas are defined in 5 CFR 531.603.
Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, which provided for payment of locality-based comparability payments effective Jan. 1, 1999, was substantially superseded by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which provided for payment of locality-based comparability payments effective Jan. 1, 1998, was superseded by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, formerly set out as a note under
Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which provided for payment of locality-based comparability payments effective Jan. 1, 1997, was superseded by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, formerly set out as a note under
Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, which provided for payment of locality-based comparability payments effective Jan. 1, 1996, was superseded by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out as a note under
Approval of locality-based comparability payments recommended by the Director of the Office of Personnel Management was contained in the following:
Memorandum of President of the United States, Nov. 30, 1994, 59 F.R. 62549.
Memorandum of President of the United States, Dec. 1, 1993, 58 F.R. 64097.
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§5304a. Authority to fix an alternative level of comparability payments
(a) If, because of national emergency or serious economic conditions affecting the general welfare, the President should consider the level of comparability payments which would otherwise be payable under section 5304 in any year to be inappropriate, the President shall—
(1) prepare and transmit to Congress, at least 1 month before those comparability payments (disregarding this section) would otherwise become payable, a report describing the alternative level of payments which the President instead intends to provide, including the reasons why such alternative level is considered necessary; and
(2) implement the alternative level of payments beginning on the same date as would otherwise apply, for the year involved, under section 5304.
(b) The requirements set forth in paragraphs (2) and (3), respectively, of section 5303(b) shall apply with respect to any decision to exercise any authority to fix an alternative level of comparability payments under this section.
(Added
Effective Date
Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of
Special Rule Relating to Comparability Payments in 1994
Section 634 of
"Notwithstanding any other provision of law (including any provision of the Federal Employees Pay Comparability Act of 1990 [see Short Title of 1990 Amendment note set out under
"(1) deem section 5304a of such title (as so amended) to be amended as follows:
"(A) in subsection (a), strike 'If' and all that follows thereafter through 'welfare,' and insert 'Subject to subsection (c), if'; and
"(B) add after subsection (b) the following:
" '(c)(1) For the purpose of this section—
" '(A) the "threshold amount" is $1,800,000,000; and
" '(B) "severe economic conditions" shall be considered to exist relative to comparability payments scheduled to take effect on a given date if, during the 12-month period ending 2 calendar quarters before such date, there occurred 2 consecutive quarters of negative growth in the GNP.
" '(2) Authority under this section to provide an alternative level of comparability payments in any year may not be exercised except in accordance with the following:
" '(A) If the estimated cost of the comparability payments which (but for this section) would otherwise be payable in such year would be equal to the threshold amount or less, no alternative level may be fixed under this section unless necessary because a state of war or severe economic conditions exist.
" '(B) If the estimated cost of the comparability payments which (but for this section) would otherwise be payable in such year would be greater than the threshold amount, no alternative level may be fixed—
" '(i) at a level which would result in an estimated cost equal to or greater than the threshold amount, unless necessary because of national emergency or serious economic conditions affecting the general welfare; or
" '(ii) at a level which would result in an estimated cost less than the threshold amount, unless necessary because of either of the reasons set forth in subparagraph (A).
" '(d)(1) The President's agent (as referred to in section 5304(d)) shall develop and include in the appropriate report under section 5304(d)(1) the methodology for estimating any costs under this section, and any estimate under this section shall be in accordance with such methodology.
" '(2) In making any estimate under this section, costs attributable to any authority under section 5304(h) may not be taken into account.'; and
"(2) the President's pay agent (referred to in section 5304(d) of such title, as so amended) may use appropriate estimates in lieu of BLS survey data if such data is not available for use in preparing the agent's report with respect to comparability payments payable during calendar year 1994."
§5305. Special pay authority
(a) Whenever the President finds that the Government's recruitment or retention efforts with respect to 1 or more occupations in 1 or more areas or locations are, or are likely to become, significantly handicapped, due to any of the circumstances described in subsection (b), he may establish for the areas or locations involved, with respect to individuals in positions paid under any of the pay systems referred to in subsection (c), higher minimum rates of basic pay for 1 or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all step rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the maximum pay rate prescribed by statute for the grade or level by more than 30 percent, and no rate may be established under this section (disregarding any amount payable under subsection (g)) in excess of the rate of basic pay payable for level V of the Executive Schedule. The President may authorize the exercise of the authority conferred on him by this section by the Office of Personnel Management or, in the case of individuals not subject to the provisions of this title governing appointment in the competitive service, by such other agency as he may designate.
(b) The circumstances referred to in subsection (a) are—
(1) rates of pay offered by non-Federal employers being significantly higher than those payable by the Government within the area, location, occupational group, or other class of positions under the pay system involved;
(2) the remoteness of the area or location involved;
(3) the undesirability of the working conditions or the nature of the work involved (including exposure to toxic substances or other occupational hazards); or
(4) any other circumstances which the President (or an agency duly authorized or designated by the President in accordance with the last sentence of subsection (a)) considers appropriate.
(c) Authority under subsection (a) may be exercised with respect to positions paid under—
(1) a statutory pay system; or
(2) any other pay system established by or under Federal statute for civilian positions within the executive branch.
(d) Within the limitations applicable under the preceding provisions of this section, rates of pay established under this section may be revised from time to time by the President or by such agency as he may designate. The actions and revisions have the force and effect of statute.
(e) An increase in a rate of basic pay established under this section is not an equivalent increase in pay within the meaning of section 5335.
(f) The rate of basic pay established under this section and received by an individual immediately before a statutory increase, which becomes effective prior to, on, or after the date of enactment of the statute, in the pay schedule applicable to such individual of any pay system specified in subsection (c) of this section, shall be initially adjusted, effective on the effective date of the statutory increase, under conversion rules prescribed by the President or by such agency as the President may designate.
(g)(1) The benefit of any comparability payments under section 5304 shall be available to individuals receiving rates of basic pay established under this section to such extent as the President (or his designated agency) considers appropriate, subject to paragraph (2) and subsection (h).
(2) Payments under this subsection may not be made if, or to the extent that, when added to basic pay otherwise payable, such payments would cause the total to exceed the rate of basic pay payable for level IV of the Executive Schedule.
(h) The rate of basic pay payable to an individual under this section may not, at any time, be less than the rate which would then be payable to such individual (taking comparability payments under section 5304 into account) if this section had never been enacted.
(Added
References in Text
Levels IV and V of the Executive Schedule, referred to in subsecs. (a) and (g)(2), are set out in sections 5315 and 5316, respectively, of this title.
The provisions of this title governing appointment in the competitive service, referred to in subsec. (a), are classified generally to
Amendments
1990—
1975—Subsec. (a)(3).
Subsec. (c)(1).
Effective Date of 1990 Amendment
Amendment by
Delegation of Functions
For delegation of authorities of President under this section, see Ex. Ord. No. 12748, §3, Feb. 1, 1991, 56 F.R. 4521, eff. Feb. 3, 1991, set out as a note under
Staffing Differentials
Section 529 [title II, §209] of
"(a)
"(1) grade GS–5 or 7 of the General Schedule;
"(2) a 2-grade-interval occupational series, as determined by the Office of Personnel Management; or
"(3) any combination of classes of positions described in paragraph (1) or (2) for which the President determines a recruiting difficulty exists.
"(b)
"(1) shall be paid in the same manner and at the same time as the employee's basic pay is paid, but may not be considered to be part of basic pay for any purpose; and
"(2) may be reduced or eliminated by the Office of Personnel Management in its sole discretion as the amendments made by this Act take effect [see Effective Date of 1990 Amendment and Short Title of 1990 Amendment notes set out under
[Authority of President under section 529 [title II, §209] of
Federal Law Enforcement Pay Reform
Section 529 [title IV, §§401–407] of
"SEC. 401. SHORT TITLE.
"This title [section 529 [title IV, §§401–412] of
"SEC. 402. DEFINITION.
"For the purposes of this title, except as otherwise provided, the term 'law enforcement officer' means any law enforcement officer within the meaning of
"SEC. 403. SPECIAL RATES FOR LAW ENFORCEMENT OFFICERS.
"(a) Notwithstanding the procedures of
"(b)(1) Effective on the first day of the first applicable pay period beginning on or after January 1, 1992, the higher minimum rates to be established are as follows:
"(2) Effective on the first day of the first applicable pay period beginning on or after January 1, 1993, the higher minimum rates to be established are as follows:
"(c) The higher minimum rates and corresponding higher rates for each step rate of each designated grade shall apply to every law enforcement officer in the designated grades (except in the case of any law enforcement officer for whom a higher rate is authorized under
"(d) Any interim entry-level adjustment under section 209 of this Act [section 529 [title II, §209] of
"SEC. 404. SPECIAL PAY ADJUSTMENTS FOR LAW ENFORCEMENT OFFICERS IN SELECTED CITIES.
"(a) A law enforcement officer shall be paid any applicable special pay adjustment in accordance with the provisions of this section, but such special pay adjustment shall be reduced by the amount of any applicable interim geographic adjustment under section 302 of this Act [section 529 [title III, §302] of
"(b)(1) Except as provided in subsection (a), effective on the first day of the first applicable pay period beginning on or after January 1, 1992, each law enforcement officer whose post of duty is in one of the following areas shall receive an adjustment, which shall be a percentage of the officer's rate of basic pay, as follows:
"Area | Differential |
---|---|
Boston-Lawrence-Salem, MA–NH Consolidated Metropolitan Statistical Area | 16% |
Chicago-Gary-Lake County, IL–IN–WI Consolidated Metropolitan Statistical Area | 4% |
Los Angeles-Anaheim-Riverside, CA Consolidated Metropolitan Statistical Area | 16% |
New York-Northern New Jersey-Long Island, NY–NJ–CT Consolidated Metropolitan Statistical Area | 16% |
Philadelphia-Wilmington-Trenton, PA–NJ–DE–MD Consolidated Metropolitan Statistical Area | 4% |
San Francisco-Oakland-San Jose, CA Consolidated Metropolitan Statistical Area | 16% |
San Diego, CA Metropolitan Statistical Area | 8% |
Washington-Baltimore DC–MD–VA–WV Consolidated Metropolitan Statistical Area | 4% |
"(2) In the case of any area specified in paragraph (1) that includes a portion, but not all, of a county, the Office of Personnel Management may, at the request of the head of 1 or more law enforcement agencies, extend the area specified in paragraph (1) to include, for the purposes of this section, the entire county, if the Office determines that such extension would be in the interests of good personnel administration. Any such extension shall be applicable to each law enforcement officer whose post of duty is in the area of the extension.
"(c)(1) A special pay adjustment under this section shall be administered, to the extent practicable, in the same manner as a locality-based comparability payment under
"(2) The Office of Personnel Management may prescribe such regulations as it considers necessary concerning the payment of special pay adjustments to law enforcement officers under this section.
"SEC. 405. SAME BENEFITS FOR OTHER LAW ENFORCEMENT OFFICERS.
"(a) The appropriate agency head (as defined in subsection (c)) shall prescribe regulations under which the purposes of sections 403, 404, and 407 shall be carried out with respect to individuals holding positions described in subsection (b).
"(b) This subsection applies with respect to any—
"[(1) Repealed.
"(2) member of the United States Park Police;
"(3) special agent within the Diplomatic Security Service;
"(4) probation officer (referred to in
"(5) pretrial services officer (referred to in
"(c) For the purposes of this section, the term 'appropriate agency head' means—
"[(1) Repealed.
"(2) with respect to any individual under subsection (b)(2), the Secretary of the Interior;
"(3) with respect to any individual under subsection (b)(3), the Secretary of State;
"(4) with respect to any individual under subsection (b)(4) or (b)(5), the Director of the Administrative Office of the United States Courts.
"SEC. 406. FBI NEW YORK FIELD DIVISION.
"(a) The total pay of an employee of the Federal Bureau of Investigation assigned to the New York Field Division before the date of September 29, 1993, in a position covered by the demonstration project conducted under section 601 of the Intelligence Authorization Act for Fiscal Year 1989 (
"(b) Beginning on September 30, 1993, any periodic payment under section 601(a)(2) of the Intelligence Authorization Act for Fiscal Year 1989 [
"SEC. 407. RELOCATION PAYMENTS.
"Notwithstanding
[Section 303(b) of
[For effective dates of amendments by section 3(5)–(9) of
Reporting Requirement
Section 529 [title IV, §412] of
Section Referred to in Other Sections
This section is referred to in
§5306. Pay fixed by administrative action
(a) Notwithstanding sections 1341, 1342, and 1349–1351 and subchapter II of
(1) the rates of pay of—
(A) employees in the legislative, executive, and judicial branches of the Government of the United States (except employees whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives) and of the government of the District of Columbia, whose rates of pay are fixed by administrative action under law and are not otherwise adjusted under this subchapter;
(B) employees under the Architect of the Capitol, whose rates of pay are fixed under
(C) persons employed by the county committees established under
(2) and minimum or maximum rate of pay (other than a maximum rate equal to or greater than the maximum rate then currently being paid under the General Schedule as a result of a pay adjustment under section 5303 (or prior corresponding provision of law)), and any monetary limitation on or monetary allowance for pay, applicable to employees described in subparagraphs (A), (B), and (C) of paragraph (1);
may be adjusted, by the appropriate authority concerned, effective at the beginning of the first applicable pay period commencing on or after the day on which a pay adjustment becomes effective under section 5303 (or prior provision of law), by whichever of the following methods the appropriate authority concerned considers appropriate—
(i) by an amount or amounts not in excess of the pay adjustment provided under section 5303 for corresponding rates of pay in the appropriate schedule or scale of pay;
(ii) if there are no corresponding rates of pay, by an amount or amounts equal or equivalent, insofar as practicable and with such exceptions and modifications as may be necessary to provide for appropriate pay relationships between positions, to the amount of the pay adjustment provided under section 5303; or
(iii) in the case of minimum or maximum rates of pay, or monetary limitations of allowances with respect to pay, by an amount rounded to the nearest $100 and computed on the basis of a percentage equal or equivalent, insofar as practicable and with such variations as may be appropriate, to the percentage of the pay adjustment provided under section 5303.
(b) An adjustment under subsection (a) in rates of pay, minimum or maximum rates of pay, the monetary limitations or allowances with respect to pay, shall be made in such manner as the appropriate authority concerned considers appropriate.
(c) This section does not authorize any adjustment in the rates of pay of employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices.
(d) This section does not impair any authority under which rates of pay may be fixed by administrative action.
(e) Pay may not be paid, by reason of any exercise of authority under this section, at a rate in excess of the rate of basic pay payable for level V of the Executive Schedule.
(Added
References in Text
The General Schedule, referred to in subsec. (a)(2), is set out under
Level V of the Executive Schedule, referred to in subsec. (e), is set out in
Amendments
1996—Subsec. (a)(1)(A).
1992—Subsec. (a)(1)(B).
1990—
Effective Date of 1990 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5307. Limitation on certain payments
(a)(1) Except as otherwise permitted by or under law, no allowance, differential, bonus, award, or other similar cash payment under this title may be paid to an employee in a calendar year if, or to the extent that, when added to the total basic pay paid or payable to such employee for service performed in such calendar year as an employee in the executive branch (or as an employee outside the executive branch to whom
(2) This section shall not apply to any payment under—
(A) subchapter III or VII of
(B)
(C)
(b)(1) Any amount which is not paid to an employee in a calendar year because of the limitation under subsection (a) shall be paid to such employee in a lump sum at the beginning of the following calendar year.
(2) Any amount paid under this subsection in a calendar year shall be taken into account for purposes of appying 1 the limitations under subsection (a) with respect to such calendar year.
(c) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this section, including regulations (consistent with section 5582) concerning how a lump-sum payment under subsection (b) shall be made with respect to any employee who dies before an amount payable to such employee under subsection (b) is made.
(Added
References in Text
Level I of the Executive Schedule, referred to in subsec. (a)(1), is set out in
Amendments
1991—Subsec. (a).
Subsec. (b)(3).
1990—
1982—Subsec. (a).
Effective Date of 1990 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "applying".
[§5308. Omitted]
Codification
Section, added
SUBCHAPTER II—EXECUTIVE SCHEDULE PAY RATES
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5311. The Executive Schedule
The Executive Schedule, which is divided into five pay levels, is the basic pay schedule for positions, other than Senior Executive Service positions and positions in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, to which this subchapter applies.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 14, 1964, |
The words "There is hereby established" are omitted as executed. The word "offices" is omitted as included in "positions". The words "Executive Schedule" are substituted for "Federal Executive Salary Schedule".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1990—
"(1) Not later than 180 days after the date of the enactment of the Civil Service Reform Act of 1978, the Director of the Office of Personnel Management shall determine the number and classification of executive level positions in existence in the executive branch on that date of enactment, and shall publish the determination in the Federal Register. Effective beginning on the date of the publication, the number of executive level positions within the executive branch may not exceed the number published under this subsection.
"(2) For the purpose of this subsection, 'executive level position' means—
"(A) any office or position in the civil service the rate of pay for which is equal to or greater than the rate of basic pay payable for positions under
"(B) any such office or position the rate of pay for which may be fixed by administrative action at a rate equal to or greater than the rate of basic pay payable for positions under
but does not include any Senior Executive Service position (as defined in
1988—Subsec. (a).
Subsec. (b)(2).
1979—Subsec. (b)(1).
1978—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Plan for Authorizing Executive Level Positions in Executive Branch; Presidential Submission to Congress
Section 414(b)(2) of
Section Referred to in Other Sections
This section is referred to in title 21 section 1703; title 33 section 2309.
§5312. Positions at level I
Level I of the Executive Schedule applies to the following positions for which the annual rate of basic pay shall be the rate determined with respect to such level under
Secretary of State.
Secretary of the Treasury.
Secretary of Defense.
Attorney General.
Secretary of the Interior.
Secretary of Agriculture.
Secretary of Commerce.
Secretary of Labor.
Secretary of Health and Human Services.
Secretary of Housing and Urban Development.
Secretary of Transportation.
United States Trade Representative.
Secretary of Energy.
Secretary of Education.
Secretary of Veterans Affairs.
Director of the Office of Management and Budget.
Commissioner of Social Security, Social Security Administration.
Director of National Drug Control Policy.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 14, 1964, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Codification
Paragraph designation for the position added by
Amendments
1998—
1994—
1988—
1986—
1985—
1983—
1979—
Pars. (1) to (14).
Par. (15).
1977—Par. (14).
1975—
Par. (13).
1970—Par. (5).
1966—
Effective and Termination Dates of 1988 Amendments
Amendment by
Section 11(e) of
Amendment by
Effective Date of 1979 Amendments
Amendment by
Section 2(a)(25)(B) of
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1966 Amendment
Amendment by
Short Title of 1975 Amendment
Section 201 of title II of
Salary Increases
2000—Salaries of positions at level I increased to $157,000 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 2000, as provided by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
1999—Salaries of positions at level I continued at $151,800 per annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
1998—Salaries of positions at level I increased to $151,800 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1998, as provided by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521.
1997—Salaries of positions at level I continued at $148,400 per annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
1996—Salaries of positions at level I continued at $148,400 per annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.
1995—Salaries of positions at level I continued at $148,400 per annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
1993—Salaries of positions at level I increased to $148,400 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909.
1992—Salaries of positions at level I increased to $143,800 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453.
1991—Salaries of positions at level I increased to $138,900 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385.
1990—Salaries of positions at level I continued at $99,500 per annum, and increased to $107,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 31, 1990, as provided by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
1989—Salaries of positions at level I continued at $99,500 per annum, see Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
1988—Salaries of positions at level I continued at $99,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
1987—Salaries of positions at level I increased to $99,500 per annum, on recommendation of the President of the United States, see note set out under
Salaries of positions at level I increased to $88,800 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505.
1985—Salaries of positions at level I increased to $86,200 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577.
1984—Salaries of positions at level I increased to $83,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
1982—Salaries of positions at level I increased to $88,600 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of
Maximum rate payable after Dec. 17, 1982, increased from $69,630.00 to $80,100.00, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of
1981—Salaries of positions at level I increased to $85,200 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of
1980—Salaries of positions at level I increased to $81,300 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of
1979—Salaries of positions at level I increased to $74,500 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that pursuant to section 101(c) of
Applicability to funds appropriated by any Act for fiscal year ending Sept. 3, 1980, of limitation of section 304 of
1978—Salaries of positions at level I increased to $69,600 per annum, effective in the first pay period beginning on or after Oct. 1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $66,000.
Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see section 304 of
1977—Salaries of positions at level I increased to $66,000 per annum, on recommendation of the President of the United States, see note set out under
1976—Salaries of positions at level I increased to $66,000 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889. Ex. Ord. No. 11941, further provided that pursuant to the Legislative Branch Appropriation Act, 1977, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1976, which was $63,000.
1975—Salaries of positions at level I increased to $63,000 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091.
1969—Salaries of positions at level I increased from $35,000 to $60,000 per annum, commencing on the first day of the pay period which begins after February 14, 1969, on recommendation of the President of the United States, see note set out under
Compensation and Emoluments of Secretary of the Treasury at Level in Effect on January 1, 1989
For provisions limiting compensation and emoluments of Secretary of the Treasury at levels in effect on Jan. 1, 1989, see section 1(a) of
Compensation and Emoluments of Secretary of State; Fixing at Level in Effect on January 1, 1977
Compensation and Emoluments of Attorney General; Fixing at Level in Effect on January 1, 1969
Provisions of
Section Referred to in Other Sections
This section is referred to in
§5313. Positions at level II
Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under
Deputy Secretary of Defense.
Deputy Secretary of State.
Administrator, Agency for International Development.
Administrator of the National Aeronautics and Space Administration.
Deputy Secretary of Veterans Affairs.
Deputy Secretary of the Treasury.
Deputy Secretary of Transportation.
Chairman, Nuclear Regulatory Commission.
Chairman, Council of Economic Advisers.
Chairman, Board of Governors of the Federal Reserve System.
Director of the Office of Science and Technology.
Director of Central Intelligence.
Secretary of the Air Force.
Secretary of the Army.
Secretary of the Navy.
Administrator, Federal Aviation Administration.
Director of the National Science Foundation.
Deputy Attorney General.
Deputy Secretary of Energy.
Deputy Secretary of Agriculture.
Director of the Office of Personnel Management.
Administrator, Federal Highway Administration.
Administrator of the Environmental Protection Agency.
Under Secretary of Defense for Acquisition, Technology, and Logistics.
Deputy Secretary of Labor.
Deputy Director of the Office of Management and Budget.
Independent Members, Thrift Depositor Protection Oversight Board.
Deputy Secretary of Health and Human Services.
Deputy Secretary of the Interior.
Deputy Secretary of Education.
Deputy Secretary of Housing and Urban Development.
Deputy Director for Management, Office of Management and Budget.
Director of the Office of Federal Housing Enterprise Oversight, Department of Housing and Urban Development.
Deputy Commissioner of Social Security, Social Security Administration.
Administrator of the Community Development Financial Institutions Fund.
Deputy Director of National Drug Control Policy.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 14, 1964, |
The proviso in paragraph (15) of former section 2211(b) is carried into section 5314. The remainder of paragraph (15) is omitted but not repealed, see table III. The part of paragraph (15) that is omitted but not repealed provides that the position of Director of the Federal Bureau of Investigation shall be in Level II of the Federal Executive Salary Schedule so long as the position is held by the incumbent of the position on August 14, 1964. The omission of this provision from title 5, without repealing the corresponding provision of the source statute, in effect leaves existing statute unchanged insofar as it relates to the present incumbent of the position of Director of the Federal Bureau of Investigation.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
The deletion of paragraph (6) of
Amendments
1999—
1998—
1994—
1993—
1992—
1991—
1990—
1989—
1988—
1987—
1986—
1984—
1983—
1980—
1979—Pars. (1)–(24).
1978—Par. (24).
1977—Par. (1).
Par. (22).
1976—Par. (21).
Par. (23).
1975—
1974—Par. (7).
Par. (8).
Par. (22).
1972—Par. (1).
Par. (2).
Par. (6).
Par. (21).
1971—Par. (20).
1968—Par. (19).
1966—
Effective Date of 1998 Amendment
Amendment by section 1224(1) of
Amendment by section 1332(1) of
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendments
Amendment by
Amendment by
Effective Date of 1987 Amendment
Section 178(b) of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Section 5 of
"(a) Except as otherwise provided in this section, this Act [enacting
"(b) Subsection (b)(1) of section 3 of this Act [amending
Effective Date of 1974 Amendment
Amendment of
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1968 Amendment
Section 15(a)(4) of
Effective Date of 1966 Amendment
Amendment by
Transfer of Functions
Office of Director of Office of Science and Technology abolished and functions vested by law in such office transferred to Director of the National Science Foundation by sections 2 and 3(a)(5) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title.
Salary Increases
2000—Salaries of positions at level II increased to $141,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 2000, as provided by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
1999—Salaries of positions at level II continued at $136,700 per annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
1998—Salaries of positions at level II increased to $136,700 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1998, as provided by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521.
1997—Salaries of positions at level II continued at $133,600 per annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
1996—Salaries of positions at level II continued at $133,600 per annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.
1995—Salaries of positions at level II continued at $133,600 per annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
1993—Salaries of positions at level II increased to $133,600 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909.
1992—Salaries of positions at level II increased to $129,500 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453.
1991—Salaries of positions at level II increased to $125,100 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385.
1990—Salaries of positions at level II continued at $89,500 per annum, and increased to $96,600 per annum, effective on the first day of the first pay period beginning on or after Jan. 31, 1990, as provided by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
1989—Salaries of positions at level II continued at $89,500 per annum, see Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
1988—Salaries of positions at level II continued at $89,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
1987—Salaries of positions at level II increased to $89,500 per annum, on recommendation of the President of the United States, see note set out under
Salaries of positions at level II increased to $77,400 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505.
1985—Salaries of positions at level II increased to $75,100 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577.
1984—Salaries of positions at level II increased to $72,600 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
1982—Salaries of positions at level II increased to $77,300 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of
Maximum rate payable after Dec. 17, 1982, increased from $60,662.50 to $69,800.00, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of
1981—Salaries of positions at level II increased to $74,300 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of
1980—Salaries of positions at level II increased to $70,900 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of
1979—Salaries of positions at level II increased to $65,000 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that pursuant to section 101(c) of
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
1978—Salaries of positions at level II increased to $60,700 per annum, effective in the first pay period beginning on or after Oct. 1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $57,500.
Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see section 304 of
1977—Salaries of positions at level II increased to $57,500 per annum, on recommendation of the President of the United States, see note set out under
1976—Salaries of positions at level II increased to $46,800 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889. Ex. Ord. No. 11941, further provided that pursuant to the Legislative Branch Appropriation Act, 1977, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1976, which was $44,600.
1975—Salaries of positions at level II increased to $44,600 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091.
1969—Salaries of positions at level II increased from $30,000 to $42,500 per annum, commencing on the first day of the pay period which begins after February 14, 1969, on recommendation of the President of the United States, see note set out under
Pay Increase; Effective Date
Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a position created or authorized by
Director of the Federal Bureau of Investigation, Department of Justice
Director of Federal Bureau of Investigation, Department of Justice to receive compensation at rate prescribed for level II of Federal Executive Salary Schedule [this section], effective as of day following date on which person holding such office on June 19, 1968, ceases to serve as Director, see section 1101(a) of
Section Referred to in Other Sections
This section is referred to in
§5314. Positions at level III
Level III of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under
Solicitor General of the United States.
Under Secretary of Commerce, Under Secretary of Commerce for Economic Affairs, Under Secretary of Commerce for Export Administration, and Under Secretary of Commerce for Travel and Tourism.
Under Secretaries of State (6).
Under Secretaries of the Treasury (3).
Administrator of General Services.
Administrator of the Small Business Administration.
Deputy Administrator, Agency for International Development.
Chairman of the Merit Systems Protection Board.
Chairman, Federal Communications Commission.
Chairman, Board of Directors, Federal Deposit Insurance Corporation.
Chairman, Federal Energy Regulatory Commission.
Chairman, Federal Trade Commission.
Chairman, Surface Transportation Board.
Chairman, National Labor Relations Board.
Chairman, Securities and Exchange Commission.
Chairman, Board of Directors of the Tennessee Valley Authority.
Chairman, National Mediation Board.
Chairman, Railroad Retirement Board.
Chairman, Federal Maritime Commission.
Comptroller of the Currency.
Commissioner of Internal Revenue.
Under Secretary of Defense for Policy.
Under Secretary of Defense (Comptroller).
Under Secretary of Defense for Personnel and Readiness.
Deputy Administrator of the National Aeronautics and Space Administration.
Deputy Directors of Central Intelligence (2).
Director of the Office of Emergency Planning.
Director of the Peace Corps.
Deputy Director, National Science Foundation.
President of the Export-Import Bank of Washington.
Members, Nuclear Regulatory Commission.
Members, Defense Nuclear Facilities Safety Board.
Members, Board of Governors of the Federal Reserve System.
Director of the Federal Bureau of Investigation, Department of Justice.
Administrator of the National Highway Traffic Safety Administration.
Administrator of the Federal Motor Carrier Safety Administration.
Administrator, Federal Railroad Administration.
Chairman, National Transportation Safety Board.
Chairman of the National Endowment for the Arts the incumbent of which also serves as Chairman of the National Council on the Arts.
Chairman of the National Endowment for the Humanities.
Director of the Federal Mediation and Conciliation Service.
Federal Transit Administrator.
President, Overseas Private Investment Corporation.
Chairman, Postal Rate Commission.
Chairman, Occupational Safety and Health Review Commission.
Governor of the Farm Credit Administration.
Chairman, Equal Employment Opportunity Commission.
Chairman, Consumer Product Safety Commission.
Under Secretaries of Energy (2).
Chairman, Commodity Futures Trading Commission.
Deputy United States Trade Representatives (3).
Chairman, United States International Trade Commission.
Under Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Administrator of the National Oceanic and Atmospheric Administration.
Associate Attorney General.
Chairman, Federal Mine Safety and Health Review Commission.
Chairman, National Credit Union Administration Board.
Deputy Director of the Office of Personnel Management.
Under Secretary of Agriculture for Farm and Foreign Agricultural Services.
Under Secretary of Agriculture for Food, Nutrition, and Consumer Services.
Under Secretary of Agriculture for Natural Resources and Environment.
Under Secretary of Agriculture for Research, Education, and Economics.
Under Secretary of Agriculture for Food Safety.
Under Secretary of Agriculture for Marketing and Regulatory Programs.
Director, Institute for Scientific and Technological Cooperation.
Under Secretary of Agriculture for Rural Development.
Administrator, Maritime Administration.
Executive Director Property Review Board.
Deputy Administrator of the Environmental Protection Agency.
Archivist of the United States.
Executive Director, Federal Retirement Thrift Investment Board.
Deputy Under Secretary of Defense for Acquisition and Technology.
Deputy Under Secretary of Defense for Logistics and Materiel Readiness.
Director, Trade and Development Agency.
Under Secretary of Commerce for Technology.
Under Secretary for Health, Department of Veterans Affairs.
Under Secretary for Benefits, Department of Veterans Affairs.
Under Secretary for Memorial Affairs, Department of Veterans Affairs.
Director of the Office of Government Ethics.
Administrator for Federal Procurement Policy.
Administrator, Office of Information and Regulatory Affairs, Office of Management and Budget.
Director of the Office of Thrift Supervision.
Chairperson of the Federal Housing Finance Board.
Executive Secretary, National Space Council.
Controller, Office of Federal Financial Management, Office of Management and Budget.
Administrator, Research and Special Programs Administration.
Deputy Director for Demand Reduction, Office of National Drug Control Policy.
Deputy Director for Supply Reduction, Office of National Drug Control Policy.
Deputy Director for State and Local Affairs, Office of National Drug Control Policy.
Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office.
Register of Copyrights.
Commissioner of Customs, Department of the Treasury 1
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(1)–(44) | Aug. 14, 1964, |
|
(45) | Aug. 14, 1964, |
The provisos in paragraphs (39) and (46) of former section 2211(c) are carried into section 5315. The remainders of paragraphs (39) and (46) are omitted but not repealed, see table III. The parts of paragraphs (39) and (46) that are omitted but not repealed provide that the positions of Director of Selective Service and Associate Director of the Federal Bureau of Investigation shall be in Level III so long as the positions are held by the incumbents of the positions on August 14, 1964. The omission of these provisions from title 5, without repealing the corresponding provisions of the source statute, in effect, leaves existing statute unchanged insofar as it relates to the present incumbents of the positions of Director of Selective Service and Associate Director of the Federal Bureau of Investigation.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5314(49) | 20: 954(d) (2d sentence). | Sept. 29, 1965, |
5314(50) | 20:956(b)(1) (2d sentence). | Sept. 29, 1965, |
5314(51) | 5 App.: 2211(c)(47). | July 18, 1966, |
5314(52) | 42:3533(a) (as applicable to compensation of Under Secretary). | Sept. 9, 1965, |
The deletion of paragraph (41) of
In paragraph (49), the words "In lieu of receiving compensation at the rate prescribed by
Codification
Paragraph designation for the position added by
Amendments
1999—
1998—
1996—
1995—
1994—
1993—
1992—
1991—
1990—
"Under Secretary of Health and Human Services.
"Under Secretary of the Interior.
"Under Secretary of Education.
"Under Secretary of Housing and Urban Development.
Section did not contain the positions in the order referred to in
1989—
1988—
1986—
1985—
1984—
1983—
1982—
1981—
1980—
1979—
Par. (5).
Pars. (1) to (70).
Par. (70).
1978—Par. (9).
Par. (17).
Par. (66).
Par. (68).
Par. (69).
1977—Par. (21).
Par. (32).
Par. (60).
Par. (66).
1976—Par. (3).
Par. (64).
Par. (65).
1975—
Par. (38).
Par. (54).
Pars. (56), (57).
Par. (60).
Par. (61).
Pars. (62), (63).
1974—Par. (42).
Par. (60).
1973—Par. (55).
1972—Par. (9).
Par. (10).
Par. (58).
Par. (59).
1971—Pars. (1) to (54).
Par. (55).
Par. (58).
1970—Par. (3).
Par. (55).
Par. (57).
1969—Par. (54).
1968—Par. (40).
Par. (53).
1967—
1966—
Change of Name
"Export-Import Bank of Washington", referred to in text, was changed to "Export-Import Bank of the United States" in the Export-Import Bank Act of 1945,
Effective Date of 1999 Amendments
Amendment by
Amendment by section 1000(a)(9) [title IV, §4720(a)] of
Amendment by section 3293(a) of
Effective Date of 1998 Amendment
Amendment by section 1224(2) of
Effective Date of 1995 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendments
Amendment by
Amendment by
Effective Date of 1991 Amendments
Amendment by
Amendment by
Effective Date of 1990 Amendments
Amendment by
Section 6 of
Effective and Termination Dates of 1988 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1985 Amendment
Section 116(d) of
Effective Date of 1984 Amendments
Amendment by
Amendment by section 609J of
Section 9(v) of
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Section 114(c) of
Effective Date of 1977 Amendment
Amendment by
Effective Date of 1975 Amendment
Section 6(a), formerly section 6(a)(1), of
Effective Date of 1974 Amendments
Amendment by
Amendment by
Effective Date of 1973 Amendment
Offices and salaries modified under amendment by
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1968 Amendments
Amendment by
Amendment by
Effective Date of 1967 Amendment
Amendment by
Effective Date of 1966 Amendment
Amendment by
Transfer of Functions
Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions vested by law in Office of Emergency Preparedness or Director of Office of Emergency Preparedness transferred to President by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title.
Salary Increases
2000—Salaries of positions at level III increased to $130,200 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 2000, as provided by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
1999—Salaries of positions at level III continued at $125,900 per annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
1998—Salaries of positions at level III increased to $125,900 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1998, as provided by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521.
1997—Salaries of positions at level III continued at $123,100 per annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
1996—Salaries of positions at level III continued at $123,100 per annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.
1995—Salaries of positions at level III continued at $123,100 per annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
1993—Salaries of positions at level III increased to $123,100 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909.
1992—Salaries of positions at level III increased to $119,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453.
1991—Salaries of positions at level III increased to $115,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385.
1990—Salaries of positions at level III increased to $85,500 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1990, and increased to $89,000 per annum, effective on the first day of the first pay period beginning on or after Jan. 31, 1990, as provided by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
1989—Salaries of positions at level III continued at $82,500 per annum, see Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
1988—Salaries of positions at level III continued at $82,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
1987—Salaries of positions at level III increased to $82,500 per annum, on recommendation of the President of the United States, see note set out under
Salaries of positions at level III increased to $75,800 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505.
1985—Salaries of positions at level III increased to $73,600 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577.
1984—Salaries of positions at level III increased to $71,100 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
1982—Salaries of positions at level III increased to $70,500 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of
Maximum rate payable after Dec. 17, 1982, increased from $59,500.00 to $68,400.00, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of
1981—Salaries of positions at level III increased to $67,800 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of
1980—Salaries of positions at level III increased to $64,700 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by an Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of
1979—Salaries of positions at level III increased to $59,300 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that pursuant to section 101(c) of
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
1978—Salaries of positions at level III increased to $55,400 per annum, effective in the first pay period beginning on or after Oct. 1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $52,500.
Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see section 304 of
1977—Salaries of positions at level III increased to $52,500 per annum, on recommendation of the President of the United States, see note set out under
1976—Salaries of positions at level III increased to $44,000 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, set out as a note under
1975—Salaries of positions at level III increased to $42,000 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091.
1969—Salaries of positions at level III increased from $29,500 to $40,000 per annum, commencing on the first day of the pay period which begins after February 14, 1969, on recommendation of the President of the United States, see note set out under
Pay Increase; Effective Date
Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a position created or authorized by
Director of Federal Bureau of Investigation, Department of Justice
Director of Federal Bureau of Investigation, Department of Justice to receive compensation at rate prescribed for level II of Federal Executive Salary Schedule [
Position of Director of Federal Bureau of Investigation, referred to in text, placed temporarily in level II during incumbency of incumbent on Aug. 14, 1964, by
Section 1101(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a period.
§5315. Positions at level IV
Level IV of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under
Deputy Administrator of General Services.
Associate Administrator of the National Aeronautics and Space Administration.
Assistant Administrators, Agency for International Development (6).
Regional Assistant Administrators, Agency for International Development (4).
Under Secretary of the Air Force.
Under Secretary of the Army.
Under Secretary of the Navy.
Assistant Secretaries of Agriculture (2).
Assistant Secretaries of Commerce (11).
Assistant Secretaries of Defense (9).
Assistant Secretaries of the Air Force (4).
Assistant Secretaries of the Army (5).
Assistant Secretaries of the Navy (4).
Assistant Secretaries of Health and Human Services (6).
Assistant Secretaries of the Interior (6).
Assistant Attorneys General (10).
Assistant Secretaries of Labor (10), one of whom shall be the Assistant Secretary of Labor for Veterans' Employment and Training.
Assistant Secretaries of State (24) and 4 other State Department officials to be appointed by the President, by and with the advice and consent of the Senate.
Assistant Secretaries of the Treasury (7).
Members, United States International Trade Commission (5).
Assistant Secretaries of Education (10).
General Counsel, Department of Education.
Inspector General, Department of Education.
Director of Civil Defense, Department of the Army.
Deputy Director of the Office of Emergency Planning.
Deputy Director of the Office of Science and Technology.
Deputy Director of the Peace Corps.
Assistant Directors of the Office of Management and Budget (3).
General Counsel of the Department of Agriculture.
General Counsel of the Department of Commerce.
General Counsel of the Department of Defense.
General Counsel of the Department of Health and Human Services.
Solicitor of the Department of the Interior.
Solicitor of the Department of Labor.
General Counsel of the National Labor Relations Board.
General Counsel of the Department of the Treasury.
First Vice President of the Export-Import Bank of Washington.
Members, Council of Economic Advisers.
Members, Board of Directors of the Export-Import Bank of Washington.
Members, Federal Communications Commission.
Member, Board of Directors of the Federal Deposit Insurance Corporation.
Directors, Federal Housing Finance Board.
Members, Federal Energy Regulatory Commission.
Members, Federal Trade Commission.
Members, Surface Transportation Board.
Members, National Labor Relations Board.
Members, Securities and Exchange Commission.
Members, Board of Directors of the Tennessee Valley Authority.
Members, Merit Systems Protection Board.
Members, Federal Maritime Commission.
Members, National Mediation Board.
Members, Railroad Retirement Board.
Director of Selective Service.
Associate Director of the Federal Bureau of Investigation, Department of Justice.
Members, Equal Employment Opportunity Commission (4).
Director, Community Relations Service.
Members, National Transportation Safety Board.
General Counsel, Department of Transportation.
Deputy Administrator, Federal Aviation Administration.
Assistant Secretaries of Transportation (4).
Deputy Federal Highway Administrator.
Administrator of the Saint Lawrence Seaway Development Corporation.
Assistant Secretary for Science, Smithsonian Institution.
Assistant Secretary for History and Art, Smithsonian Institution.
Deputy Administrator of the Small Business Administration.
Assistant Secretaries of Housing and Urban Development (8).
General Counsel of the Department of Housing and Urban Development.
Commissioner of Interama.
Federal Insurance Administrator, Federal Emergency Management Agency.
Executive Vice President, Overseas Private Investment Corporation.
Members, National Credit Union Administration Board (2).
Members, Postal Rate Commission (4).
Members, Occupational Safety and Health Review Commission.
Deputy Under Secretaries of the Treasury (or Assistant Secretaries of the Treasury) (2).
Members, Consumer Product Safety Commission (4).
Members, Commodity Futures Trading Commission.
Director of Nuclear Reactor Regulation, Nuclear Regulatory Commission.
Director of Nuclear Material Safety and Safeguards, Nuclear Regulatory Commission.
Director of Nuclear Regulatory Research, Nuclear Regulatory Commission.
Executive Director for Operations, Nuclear Regulatory Commission.
President, Government National Mortgage Association, Department of Housing and Urban Development.
Assistant Secretary of Commerce for Oceans and Atmosphere, the incumbent of which also serves as Deputy Administrator of the National Oceanic and Atmospheric Administration.
Commissioner of Immigration and Naturalization, Department of Justice.
Director, Bureau of Prisons, Department of Justice.
Assistant Secretaries of Energy (6).
General Counsel of the Department of Energy.
Administrator, Economic Regulatory Administration, Department of Energy.
Administrator, Energy Information Administration, Department of Energy.
Inspector General, Department of Energy.
Director, Office of Science, Department of Energy.
Assistant Secretary of Labor for Mine Safety and Health.
Members, Federal Mine Safety and Health Review Commission.
President, National Consumer Cooperative Bank.
Inspector General, Department of Health and Human Services.
Inspector General, Department of Agriculture.
Special Counsel of the Merit Systems Protection Board.
Inspector General, Department of Housing and Urban Development.
Chairman, Federal Labor Relations Authority.
Inspector General, Department of Labor.
Inspector General, Department of Transportation.
Inspector General, Department of Veterans Affairs.
Deputy Director, Institute for Scientific and Technological Cooperation.
Director of the National Institute of Justice.
Director of the Bureau of Justice Statistics.
Chief Counsel for Advocacy, Small Business Administration.
Inspector General, Department of Defense.
Assistant Administrator for Toxic Substances, Environmental Protection Agency.
Assistant Administrator, Office of Solid Waste, Environmental Protection Agency.
Assistant Administrators, Environmental Protection Agency (8).
Director of Operational Test and Evaluation, Department of Defense.
Special Representatives of the President for arms control, nonproliferation, and disarmament matters, Department of State.
Administrator of the Health Care Financing Administration.
Director, National Institute of Standards and Technology, Department of Commerce.
Inspector General, Department of State.
Director of Defense Research and Engineering.
Ambassadors at Large.
Commissioner, National Center for Education Statistics.
Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service.
Inspector General, Department of Commerce.
Inspector General, Department of the Interior.
Inspector General, Department of Justice.
Inspector General, Department of the Treasury.
Inspector General, Agency for International Development.
Inspector General, Environmental Protection Agency.
Inspector General, Federal Emergency Management Agency.
Inspector General, General Services Administration.
Inspector General, National Aeronautics and Space Administration.
Inspector General, Nuclear Regulatory Commission.
Inspector General, Office of Personnel Management.
Inspector General, Railroad Retirement Board.
Inspector General, Small Business Administration.
Inspector General, Federal Deposit Insurance Corporation.
Assistant Secretaries, Department of Veterans Affairs (6).
General Counsel, Department of Veterans Affairs.
Commissioner of Food and Drugs, Department of Health and Human Services 1
Chairman, Board of Veterans' Appeals.
Administrator, Office of Juvenile Justice and Delinquency Prevention.
Director, United States Marshals Service.
Inspector General, Resolution Trust Corporation.
Chairman, United States Parole Commission.
Director, Bureau of the Census, Department of Commerce.
Director of the Institute of Museum and Library Services.
Chief Financial Officer, Department of Agriculture.
Chief Financial Officer, Department of Commerce.
Chief Financial Officer, Department of Education.
Chief Financial Officer, Department of Energy.
Chief Financial Officer, Department of Health and Human Services.
Chief Financial Officer, Department of Housing and Urban Development.
Chief Financial Officer, Department of the Interior.
Chief Financial Officer, Department of Justice.
Chief Financial Officer, Department of Labor.
Chief Financial Officer, Department of State.
Chief Financial Officer, Department of Transportation.
Chief Financial Officer, Department of the Treasury.
Chief Financial Officer, Department of Veterans Affairs.
Chief Financial Officer, Environmental Protection Agency.
Chief Financial Officer, National Aeronautics and Space Administration.
Commissioner, Office of Navajo and Hopi Indian Relocation.
Inspector General, Central Intelligence Agency 1
Deputy Under Secretary of Defense for Policy.
General Counsel of the Department of the Army.
General Counsel of the Department of the Navy.
General Counsel of the Department of the Air Force.
Liaison for Community and Junior Colleges, Department of Education.
Director of the Office of Educational Technology.
Director of the International Broadcasting Bureau.
Inspector General, Social Security Administration.
The 2 Commissioner of Labor Statistics, Department of Labor.
Administrator, Rural Utilities Service, Department of Agriculture.
Executive Director of the Alternative Agricultural Research and Commercialization Corporation.
Chief Information Officer, Department of Agriculture.
Chief Information Officer, Department of Commerce.
Chief Information Officer, Department of Defense (unless the official designated as the Chief Information Officer of the Department of Defense is an official listed under
Chief Information Officer, Department of Education.
Chief Information Officer, Department of Energy.
Chief Information Officer, Department of Health and Human Services.
Chief Information Officer, Department of Housing and Urban Development.
Chief Information Officer, Department of the Interior.
Chief Information Officer, Department of Justice.
Chief Information Officer, Department of Labor.
Chief Information Officer, Department of State.
Chief Information Officer, Department of Transportation.
Chief Information Officer, Department of the Treasury.
Chief Information Officer, Department of Veterans Affairs.
Chief Information Officer, Environmental Protection Agency.
Chief Information Officer, National Aeronautics and Space Administration.
Chief Information Officer, Agency for International Development.
Chief Information Officer, Federal Emergency Management Agency.
Chief Information Officer, General Services Administration.
Chief Information Officer, National Science Foundation.
Chief Information Officer, Nuclear Regulatory Agency.
Chief Information Officer, Office of Personnel Management.
Chief Information Officer, Small Business Administration.
Inspector General, United States Postal Service.
Assistant Directors of Central Intelligence (3).
General Counsel of the Central Intelligence Agency.
Deputy Administrators of the National Nuclear Security Administration (3), but if the Deputy Administrator for Naval Reactors is an officer of the Navy on active duty, (2).
Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the United States Patent and Trademark Office.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(1)–(69) | Aug. 14, 1964, |
|
(70), (71) | Aug. 14, 1964, |
|
(72)–(77) | Aug. 14, 1964, |
Paragraphs (72)–(77) are added on authority of former section 2211(g) which authorized the President to place, from Aug. 15, 1964, to Feb. 1, 1965, not more than 30 positions in Levels IV and V of the Federal Executive Salary Schedule. Pursuant to this authority, the President by Executive Order No. 11189, Nov. 23, 1964, as amended by Executive Order No. 11195, Jan. 30, 1965, placed the positions listed in paragraphs (72)–(77) in Level IV.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5315(12) | 5 App.: 2211(d)(12). | Aug. 26, 1965, |
5315(17) | 5 App.: 2211(d)(17). | Aug. 9, 1965, Oct. 2, 1965, |
[Uncodified]. | 1966 Reorg. Plan No. 2, §5(a), eff. May 10, 1966, |
|
5315(18) | [Uncodified]. | 1966 Reorg. Plan No. 2, §2 (last 20 words), eff. May 10, 1966, |
5315(21) | 5 App.: 2211(d)(21). | July 5, 1966, |
5315(30) | 5 App.: 2211(d)(30). | July 18, 1966, |
5315(87), (88). | 42: 3533(a) (as applicable to compensation of four Assistant Secretaries and General Counsel). | Sept. 9, 1965, |
5315(89) | 22: 2083(a) (1st sentence, less 1st 20 words). | Feb. 19, 1966, |
The deletion of paragraphs (25)–(28) of
The redesignation of paragraphs (78) and (79), added by
Codification
The paragraph designation for the positions added or amended by
Amendment by
Amendments
1999—
1998—
1997—
1996—
1995—
1994—
1993—
1992—
1991—
1990—
1989—
1988—
1987—
1986—
1985—
1984—
1983—
1982—
1981—
1980—
1979—
Pars. (1) to (128).
Pars. (13) to (16).
Par. (17).
Par. (19).
Par. (24).
Pars. (25) to (27).
Par. (91).
Par. (128).
1978—Par. (10).
Par. (66).
Par. (93).
Par. (122).
Par. (123).
Par. (124).
Pars. (125) to (127).
1977—Par. (1).
Par. (12).
Par. (22).
Par. (50).
Pars. (52), (53).
Par. (60).
Par. (102).
Pars. (114) to (119).
Pars. (120), (121).
1976—Par. (11).
Par. (96).
Par. (108).
Par. (109).
Par. (110).
Pars. (111) to (113).
1975—
Par. (24).
Par. (31).
Pars. (93) to (107).
1974—Par. (50).
Par. (87).
Par. (99).
Par. (100).
Pars. (101) to (104).
1973—Par. (90).
1972—Par. (10).
Par. (11).
Par. (23).
Par. (72).
Par. (95).
Par. (96).
Par. (97).
1971—Par. (13).
Par. (18).
Par. (51).
Par. (90).
1970—Par. (12).
Par. (15).
Par. (20).
Pars. (21), (45).
Par. (92).
Par. (93).
Par. (94).
1969—Par. (13).
Par. (92).
1968—Pars. (14) to (16).
Par. (87).
Par. (90).
Par. (91).
1967—
1966—
Change of Name
"Export-Import Bank of Washington", referred to in items relating to First Vice President and Members, was changed to "Export-Import Bank of the United States" in the Export-Import Bank Act of 1945,
Effective Date of 1999 Amendments
Amendment by section 1000(a)(5) [title II, §238(a)(1)] of
Amendment by section 1000(a)(9) [title IV, §4720(b)] of
Amendment by
Effective Date of 1998 Amendment
Amendment by section 1224(3) of
Amendment by sections 1314(c) and 1332(2) of
Effective Date of 1996 Amendment
Amendment by section 5125(e) of
Effective Date of 1995 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by section 162(d)(2) of
Effective Date of 1993 Amendment
Section 108(b) of
Effective Date of 1992 Amendments
Amendment by
Section 2(b)(3) of
Amendment by
Effective Date of 1991 Amendment
Section 122(d)(2) of
Effective Date of 1990 Amendments
Amendment by
Amendment by
Effective and Termination Dates of 1988 Amendments
Amendment by sections 1003(a)(4)(C) and 1007(c)(4) of
Amendment by section 7252(b)(3) of
Section 201(b)(2) of
Amendment by
Amendment by
Amendment by
Section 603(c) of
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1985 Amendments
Section 6(c) of
Amendment by
Effective Date of 1984 Amendments
Amendment by section 609J of
Amendment by
Amendment by
Effective Date of 1983 Amendment
Amendment by section 1211(b) of
Amendment by section 1212(d) of
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1981 Amendments
Amendment by
Amendment by
Effective Date of 1980 Amendments
Amendment by
Amendment by
Effective Date of 1979 Amendments
Amendment by
Amendment by
Amendment by
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Amendment by
Amendment by section 114(b)(2) of
Section 115(b)(2) of
Effective Date of 1977 Amendments
Amendment by
Amendment by
Effective Date of 1975 Amendment
Amendment by
Effective Date of 1974 Amendments
Amendment by
Amendment by
Effective Date of 1973 Amendment
Offices and salaries modified under amendment by
Effective Date of 1972 Amendments
Section 404(c) of
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Effective Date of 1966 Amendment
Amendment by
Repeals
Transfer of Functions
Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions, vested by law in Office of Emergency Preparedness or Director of Office of Emergency Preparedness transferred to President by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title.
Office of Deputy Director of Office of Science and Technology abolished and functions vested by law in such office transferred to Director of National Science Foundation by sections 2 and 3(a)(5) of 1973 Reorg. Plan No. 1, effective July 1, 1973, set out in the Appendix to this title.
Abolition of One Position of Assistant Administrator, Agency for International Development
One of the 6 positions of Assistant Administrator, Agency for International Development, provided for in this section, was abolished by Reorg. Plan No. 2 of 1979, §7, 44 F.R. 41165,
Inspector General, United States Postal Service
Section 101(f) [title VI, §662(c)(1)] of
Compensation of Deputy Administrator of Drug Enforcement Administration
Section 6153(c) of
Temporary Increase in Number of Assistant Secretaries of Defense
Number of Assistant Secretaries of Defense authorized at level IV of Executive Schedule under this section to be increased by one (to a total of 12) until Jan. 20, 1989, see section 1311 of
Associate Director of Federal Bureau of Investigation
Position of Associate Director of Federal Bureau of Investigation placed temporarily in level III during incumbency of incumbent on Aug. 14, 1964, by
Salary Increases
2000—Salaries of positions at level IV increased to $122,400 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 2000, as provided by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
1999—Salaries of positions at level IV continued at $118,400 per annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
1998—Salaries of positions at level IV increased to $118,400 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1998, as provided by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521.
1997—Salaries of positions at level IV continued at $115,700 per annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
1996—Salaries of positions at level IV continued at $115,700 per annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.
1995—Salaries of positions at level IV continued at $115,700 per annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
1993—Salaries of positions at level IV increased to $115,700 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909.
1992—Salaries of positions at level IV increased to $112,100 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453.
1991—Salaries of positions at level IV increased to $108,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385.
1990—Salaries of positions at level IV increased to $83,600 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1990, and continued at that rate by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
1989—Salaries of positions at level IV increased to $80,700 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1989, see Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
1988—Salaries of positions at level IV continued at $77,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
1987—Salaries of positions at level IV increased to $77,500 per annum, on recommendation of the President of the United States, see note set out under
Salaries of positions at level IV increased to $74,500 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505.
1985—Salaries of positions at level IV increased to $72,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577.
1984—Salaries of positions at level IV increased to $69,900 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
1982—Salaries of positions at level IV increased to $67,200 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of
Maximum rate payable after Dec. 17, 1982, increased from $58,500.00 to $67,200.00, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of
1981—Salaries of positions at level IV increased to $64,600 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of
1980—Salaries of positions at level IV increased to $61,600 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of
1979—Salaries of positions at level IV increased to $56,500 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that pursuant to section 101(c) of
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
1978—Salaries of positions at level IV increased to $52,800 per annum, effective in the first pay period beginning on or after Oct. 1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $50,000.
Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see section 304 of
1977—Salaries of positions at level IV increased to $50,000 per annum, on recommendation of the President of the United States, see note set out under
1976—Salaries of positions at level IV increased to $41,800 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889. Ex. Ord. No. 11941, further provided that pursuant to the Legislative Branch Appropriation Act, 1977, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1976, which was $39,900.
1975—Salaries of positions at level IV increased to $39,900 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091.
1969—Salaries of positions at level IV increased from $28,750 to $38,000 per annum, commencing on the first day of the pay period which begins after February 14, 1969, on recommendation of the President of the United States, see note set out under
Pay Increase; Effective Date
Persons occupying a position under the Executive Schedule on May 18, 1972, and later appointed to a position created or authorized by
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a period.
2 The word "The" probably should not appear.
§5316. Positions at level V
Level V of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under
Administrator, Bonneville Power Administration, Department of the Interior.
Administrator of the National Capital Transportation Agency.
Associate Administrators of the Small Business Administration (4).
Associate Administrators, National Aeronautics and Space Administration (7).
Associate Deputy Administrator, National Aeronautics and Space Administration.
Deputy Associate Administrator, National Aeronautics and Space Administration.
Archivist of the United States.
Assistant Secretary of Health and Human Services for Administration.
Assistant Attorney General for Administration.
Assistant and Science Adviser to the Secretary of the Interior.
Chairman, Foreign Claims Settlement Commission of the United States, Department of Justice.
Assistant to the Secretary of Defense for Nuclear and Chemical and Biological Defense Programs, Department of Defense.
Chairman of the Renegotiation Board.
Chairman of the Subversive Activities Control Board.
Chief Counsel for the Internal Revenue Service, Department of the Treasury.
Commissioner, Federal Supply Service, General Services Administration.
Director, United States Fish and Wildlife Service, Department of the Interior.
Commissioner of Indian Affairs, Department of the Interior.
Commissioners, Indian Claims Commission (5).
Commissioner, Public Buildings Service, General Services Administration.
Commissioner of Reclamation, Department of the Interior.
Commissioner of Vocational Rehabilitation, Department of Health and Human Services.
Commissioner of Welfare, Department of Health and Human Services.
Director, Defense Advanced Research Projects Agency, Department of Defense.
Director, Bureau of Mines, Department of the Interior.
Director, Geological Survey, Department of the Interior.
Deputy Commissioner of Internal Revenue, Department of the Treasury.
Deputy General Counsel, Department of Defense.
Associate Director of the Federal Mediation and Conciliation Service.
Associate Director for Volunteers, Peace Corps.
Associate Director for Program Development and Operations, Peace Corps.
Assistants to the Director of the Federal Bureau of Investigation, Department of Justice (2).
Assistant Directors, Office of Emergency Planning (3).
Fiscal Assistant Secretary of the Treasury.
General Counsel of the Agency for International Development.
General Counsel of the Nuclear Regulatory Commission.
General Counsel of the National Aeronautics and Space Administration.
Manpower Administrator, Department of Labor.
Members, Renegotiation Board.
Members, Subversive Activities Control Board.
Deputy Under Secretaries of Defense for Research and Engineering, Department of Defense (4).
Assistant Administrator of General Services.
Director, United States Travel Service, Department of Commerce.
Administrator, Wage and Hour and Public Contracts Division, Department of Labor.
Assistant Director (Program Planning, Analysis and Research), Office of Economic Opportunity.
Deputy Director, National Security Agency.
Director, Bureau of Land Management, Department of the Interior.
Director, National Park Service, Department of the Interior.
National Export Expansion Coordinator, Department of Commerce.
Special Assistant to the Secretary of Defense.
Staff Director, Commission on Civil Rights.
Assistant Secretary for Administration, Department of Transportation.
Director, United States National Museum, Smithsonian Institution.
Director, Smithsonian Astrophysical Observatory, Smithsonian Institution.
Administrator of the Environmental Science Services Administration.
Associate Directors of the Office of Personnel Management (5).
Assistant Federal Highway Administrator.
Deputy Administrator of the National Highway Traffic Safety Administration.
Deputy Administrator of the Federal Motor Carrier Safety Administration.
Assistant Federal Motor Carrier Safety Administrator.
Director, Bureau of Narcotics and Dangerous Drugs, Department of Justice.
Vice Presidents, Overseas Private Investment Corporation (3).
Deputy Administrator, Federal Transit Administration, Department of Transportation.
General Counsel of the Equal Employment Opportunity Commission.
Executive Director, Advisory Council on Historic Preservation.
Additional Officers, Department of Energy (14).
General Counsel, Commodity Futures Trading Commission.
Additional officers, Nuclear Regulatory Commission (5).
Executive Director, Commodity Futures Trading Commission.
Assistant Administrator for Coastal Zone Management, National Oceanic and Atmospheric Administration.
Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration.
Assistant Administrators (3), National Oceanic and Atmospheric Administration.
General Counsel, National Oceanic and Atmospheric Administration.
Members, Federal Labor Relations Authority (2) and its General Counsel.
Additional officers, Institute for Scientific and Technological Cooperation (2).
Additional officers, Office of Management and Budget (6).
Associate Deputy Secretary, Department of Transportation.
Chief Scientist, National Oceanic and Atmospheric Administration.
Director, Indian Health Service, Department of Health and Human Services.
Commissioners, United States Parole Commission (8).
Commissioner, Administration on Children, Youth, and Families.
Director, Bureau of Transportation Statistics.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(1)–(99) | Aug. 14, 1964, |
|
(100)–(116) | Aug. 14, 1964, |
Paragraphs (100)–(116) are added on authority of former section 2211(g) which authorized the President to place, from Aug. 15, 1964, to Feb. 1, 1965, not more than 30 positions in Levels IV and V of the Federal Executive Salary Schedule. Pursuant to this authority, the President by Executive Order No. 11189, Nov. 23, 1964, as amended by Executive Order No. 11195, Jan. 30, 1965, placed the positions listed in paragraphs (100)–(116) in Level V.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5316(60) | 5 App.: 2211(e)(60). | July 5, 1966, |
5316(94) | 5 App.: 2211(e)(94). | Sept. 9, 1965, |
5316(95) | 5 App.: 2211(e)(95). | Aug. 9, 1965, |
5316(120) | 5 App.: 2211(e)(100). | Aug. 26, 1965, |
5316(121) | [Uncodified]. | 1965 Reorg. Plan No. 2, §4(a)(2d sentence, less 1st 18 words), eff. July 13, 1965, |
5316(122) | 42:3533(b) (last 29 words). | Sept. 9, 1965, |
5316(123) | 5 App.: 2211(e)(101). | July 5, 1966, |
5316(124) | 49: 1652(f)(2) (last 15 words in 2d sentence). | Oct. 15, 1966, |
5316(125) | 49: 1652(f)(1) (last 15 words in 2d sentence). | Oct. 15, 1966, |
The deletion of paragraphs (22), (38), and (83) of
The redesignation of paragraphs (117) and (118) as paragraphs "(118)" and "(119)", respectively, eliminates duplicate paragraph numbering effected by section 10(d)(5) of
Codification
The paragraph designations for the positions added by
Amendments
1999—
1998—
1997—
1996—
1994—
1993—
1992—
1991—
1990—
1988—
1987—
1986—
1985—
1984—
1983—
1982—
1981—
1980—
1979—
Pars. (1) to (152).
Pars. (37), (38).
Par. (87).
Par. (96).
Par. (152).
1978—Par. (99).
Par. (122).
Par. (144).
Par. (145).
Par. (146).
Pars. (147) to (151).
1977—Par. (11).
Par. (135).
Par. (136).
Par. (140).
Par. (141).
Pars. (142), (143).
1976—Par. (15).
Par. (44).
Par. (55).
Par. (58).
Pars. (115), (116).
Par. (131).
Par. (134).
Par. (135).
Par. (137).
Par. (140).
1975—
Par. (93).
Pars. (134) to (139).
1974—Par. (29).
Par. (42).
Par. (62).
Par. (69).
Par. (81).
Par. (102).
Par. (109).
Par. (122).
Par. (134).
Pars. (135), (136),
1973—Pars. (15) to (17).
Pars. (131) to (133).
Par. (133).
1972—Pars. (28), (64).
Par. (51).
Par. (111).
Par. (131).
1971—Par. (25).
Par. (126).
1970—Pars. (37), (60), (123).
Par. (130).
1969—Pars. (128), (129).
1968—Par. (66).
Par. (126).
Par. (127).
1967—
Pars. (46), (47).
1966—
Change of Name
Bureau of Mines redesignated United States Bureau of Mines by section 10(b) of
Geological Survey redesignated United States Geological Survey by provision of title I of
Effective Date of 1999 Amendments
Amendment by
Amendment by
Effective Date of 1998 Amendments
Amendment by
Amendment by section 1224(4) of
Amendment by section 1332(3) of
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendments
Amendment by
Amendment by
Effective Date of 1988 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1986 Amendment
Section 2(e) of
Effective Date of 1985 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendments
Amendment by
Amendment by
Effective Date of 1979 Amendments
Amendment by
Amendment by
Amendment by
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Effective Date of 1977 Amendment
Amendment by
Effective Date of 1974 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1973 Amendments
Offices and salaries modified under amendment by
Amendment by
Effective Date of 1972 Amendments
Amendment by
Amendment by
Effective Date of 1971 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1968 Amendments
Amendment by
Amendment by
Effective Date of 1967 Amendment
Amendment by
Effective Date of 1966 Amendment
Amendment by
Transfer of Functions
Office of Emergency Preparedness, including offices of Director, Deputy Director, Assistant Directors, and Regional Directors, abolished and functions vested by law in Office of Emergency Preparedness or Director of Office of Emergency Preparedness transferred to President by sections 1 and 3(a)(1) of 1973 Reorg. Plan No. 1, set out in the Appendix to this title.
Environmental Science Services Administration in Department of Commerce, including offices of Administrator and Deputy Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,
Bureau of Narcotics and Dangerous Drugs, including office of Director thereof, in Department of Justice abolished by 1973 Reorg. Plan No. 2, eff. July 1, 1973, 38 FR 15932,
Indian Claims Commission
Indian Claims Commission terminated on Sept. 30, 1978, pursuant to
Commissioner of Patents
Commissioner of Patents redesignated Commissioner of Patents and Trademarks by
Administrator of Bonneville Power Administration
Bonneville Power Administration transferred to Department of Energy by
General Counsel of Military Departments
Compensation of Deputy Assistant Secretary of Commerce for Communications and Information
Subversive Activities Control Board
Subversive Activities Control Board, Chairman and Members of which were compensated under this section, ceased operation on June 3, 1973, as unfunded by Congress.
Salary Increases
2000—Salaries of positions at level V increased to $114,500 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 2000, as provided by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
1999—Salaries of positions at level V continued at $110,700 per annum by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
1998—Salaries of positions at level V increased to $110,700 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1998, as provided by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521.
1997—Salaries of positions at level V continued at $108,200 per annum by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
1996—Salaries of positions at level V continued at $108,200 per annum by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.
1995—Salaries of positions at level V continued at $108,200 per annum by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
1993—Salaries of positions at level V increased to $108,200 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1993, as provided by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909.
1992—Salaries of positions at level V increased to $104,800 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1992, as provided by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453.
1991—Salaries of positions at level V increased to $101,300 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1991, as provided by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385.
1990—Salaries of positions at level V increased to $78,200 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1990, and continued at that rate by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
1989—Salaries of positions at level V increased to $75,500 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1989, as provided by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
1988—Salaries of positions at level V continued at $72,500 per annum by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
1987—Salaries of positions at level V increased to $72,500 per annum, on recommendation of the President of the United States, see note set out under
Salaries of positions at level V increased to $70,800 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1987, as provided by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505.
1985—Salaries of positions at level V increased to $68,700 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1985, as provided by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577.
1984—Salaries of positions at level V increased to $66,400 per annum, effective on the first day of the first pay period beginning on or after Jan. 1, 1984, as provided by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
1982—Salaries of positions at level V increased to $63,800 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1982, as provided by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981. Ex. Ord. No. 12387 further provided that pursuant to section 101(e) of
Maximum rate payable after Dec. 17, 1982, increased from $57,500.00 to $63,800.00, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(e) of
1981—Salaries of positions at level V increased to $61,300 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1981, as provided by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921. Ex. Ord. No. 12330 further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see sections 101(g) and 141 of
1980—Salaries of positions at level V increased to $58,500 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1980, as provided by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199. Ex. Ord. No. 12248, further provided that pursuant to section 101(c) of
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of the Executive Schedule, see section 101(c) of
1979—Salaries of positions at level V increased to $53,600 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1979, as provided by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443. Ex. Ord. No. 12165 further provided that pursuant to section 101(c) of
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
1978—Salaries of positions at level V increased to $50,100 per annum, effective in the first pay period beginning on or after Oct. 1, 1978, as provided by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823. Ex. Ord. No. 12087, further provided that pursuant to the Legislative Branch Appropriation Act, 1979, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1978, which was $47,500.
Limitations on use of funds for fiscal year ending Sept. 30, 1979, appropriated by any Act to pay the salary or pay of any individual in legislative, executive, or judicial branch in position equal or above level V of the Executive Schedule, see section 304 of
1977—Salaries of positions at level V increased to $47,500 per annum, on recommendation of the President of the United States, see note set out under
1976—Salaries of positions at level V increased to $39,600 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1976, see Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889. Ex Ord. No. 11941, further provided that pursuant to the Legislative Branch Appropriation Act, 1977, funds are not available to pay a salary at a rate which exceeds the rate in effect on Sept. 30, 1976, which was $37,800.
1975—Salaries of positions at level V increased to $37,800 per annum, effective on the first day of the first pay period beginning on or after Oct. 1, 1975, by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091.
1969—Salaries of positions at level V increased from $28,000 to $36,000 per annum, commencing on the first day of the pay period which begins after February 14, 1969, on recommendation of the President of the United States, see note set out under
Section Referred to in Other Sections
This section is referred to in
§5317. Presidential authority to place positions at levels IV and V
In addition to the positions listed in
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 14, 1964, |
The word "offices" is omitted as included in "positions". The term "Executive agency" is substituted for "Federal department or agency" in view of the definition in section 105. The words "after August 14, 1964" are substituted for "subsequent to the date of enactment of this Act".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
The amendment to
Amendments
1966—
Effective Date of 1966 Amendment
Amendment by
Executive Order No. 11189
Ex. Ord. No. 11189, Nov. 23, 1964, 29 F.R. 15855, which placed certain positions in levels IV and V of the Executive Schedule, was revoked by Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315.
Executive Order No. 11195
Ex. Ord. No. 11195, Jan. 30, 1965, 30 F.R. 1169, which placed certain positions in levels IV and V of the Executive Schedule, was revoked by Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315.
Executive Order No. 11861
Ex. Ord. 11861, May 21, 1975, 40 F.R. 22531, as amended by Ex. Ord. No. 11864, June 13, 1975, 40 F.R. 25579; Ex. Ord. No. 11872, July 21, 1975, 40 F.R. 30619; Ex. Ord. No. 11877, Sept. 2, 1975, 40 F.R. 40797; Ex. Ord. No. 11885, Oct. 15, 1975, 40 F.R. 48491; Ex. Ord. No. 11893, Dec. 31, 1975, 41 F.R. 1040; Ex. Ord. No. 11898, Jan. 14, 1976, 41 F.R. 2365; Ex. Ord. No. 11908, Mar. 18, 1976, 41 F.R. 11805; Ex. Ord. No. 11927, July 22, 1976, 41 F.R. 30583; Ex. Ord. No. 11976, Mar. 11, 1977, 42 F.R. 14081; Ex. Ord. No. 11983, May 4, 1977, 42 F.R. 23127; Ex. Ord. No. 11986, May 20, 1977, 42 F.R. 26407; Ex. Ord. No. 11995, June 8, 1977, 42 F.R. 29841; Ex. Ord. No. 11999, June 27, 1977, 42 F.R. 33255; Ex. Ord. No. 12025, Dec. 1, 1977, 42 F.R. 61447; Ex. Ord. No. 12035, Jan. 20, 1978, 43 F.R. 3073; Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315; Ex. Ord. No. 12069, June 30, 1978, 43 F.R. 28973, which related to the placement of certain positions in levels IV and V, was revoked by Ex. Ord. No. 12076, Aug. 18, 1978, 43 F.R. 37161, formerly set out below.
Executive Order No. 11864
Ex. Ord. No. 11864, June 13, 1975, 40 F.R. 25579, which placed the position of Adviser to the Secretary (Counselor, Economic Policy Board), Department of the Treasury, to terminate effective August 1, 1975, in level IV of the Executive Schedule was superseded by Ex. Ord. No. 11877, Sept. 2, 1975, 40 F.R. 40797.
Executive Order No. 11995
Ex. Ord. No. 11995, June 8, 1977, 42 F.R. 29841, which placed the position of Executive Director, Federal Personnel Management Systems Study, United States Civil Service Commission, in level V of the Executive Schedule, was revoked by Ex. Ord. No. 12060, May 15, 1978, 43 F.R. 21315.
Executive Order No. 12076
Ex. Ord. No. 12076, Aug. 18, 1978, 43 F.R. 37161, as amended by Ex. Ord. No. 12099, Nov. 17, 1978, 43 F.R. 54191; Ex. Ord. No. 12111, Jan. 2, 1979, 44 F.R. 1071; Ex. Ord. No. 12119, Feb. 14, 1979, 44 F.R. 10039, which related to the placement of positions in levels IV and V of the Federal Executive Salary Schedule, was revoked by Ex. Ord. No. 12154, Sept. 4, 1979, 44 F.R. 51965, set out below.
Ex. Ord. No. 12154. Placement of Positions in Levels IV and V
Ex. Ord. No. 12154, Sept. 4, 1979, 44 F.R. 51965, as amended by Ex. Ord. No. 12199, Mar. 12, 1980, 45 F.R. 16441; Ex. Ord. No. 12236, Sept. 3, 1980, 45 F.R. 58805; Ex. Ord. No. 12237, Sept. 3, 1980, 45 F.R. 58807; Ex. Ord. No. 12422, May 20, 1983, 48 F.R. 23157; Ex. Ord. No. 12431, July 8, 1983, 48 F.R. 31849; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617; Ex. Ord. No. 12678, Apr. 28, 1989, 54 F.R. 18872; Ex. Ord. No. 12679, June 23, 1989, 54 F.R. 27149; Ex. Ord. No. 12749, Feb. 4, 1991, 56 F.R. 4711; Ex. Ord. No. 12758, Apr. 5, 1991, 56 F.R. 14631; Ex. Ord. No. 12814, Sept. 10, 1992, 57 F.R. 42483; Ex. Ord. No. 12833, Jan. 19, 1993, 58 F.R. 5907; Ex. Ord. No. 12841, Mar. 9, 1993, 58 F.R. 13529; Ex. Ord. No. 12942, Dec. 12, 1994, 59 F.R. 64551; Ex. Ord. No. 13063, Sept. 30, 1997, 62 F.R. 51757, provided:
By the authority vested in me as President by
1–1. Executive Schedule Positions
1–101. The following positions are placed in level IV of the Executive Schedule:
(a) Counselor to the Secretary, Department of the Treasury.
(b) Deputy Under Secretary for International Labor Affairs, Department of Labor.
(c) Administrator, Alcohol, Drug Abuse and Mental Health Administration, Department of Health and Human Services.
(d) Executive Secretary of the National Security Council.
(e) Administrator, Office of Juvenile Justice and Delinquency Prevention, Department of Justice.
(f) Comptroller of the Department of Defense [now Under Secretary of Defense (Comptroller)].
(g) Assistant Secretary of the Air Force (1).
(h) Director, Office for Victims of Crime, Department of Justice.
(i) Director, Bureau of Justice Assistance, Department of Justice.
(j) Director of the National Institutes of Health.
(k) Members, Chemical Safety and Hazard Investigation Board (5).
(k)[(l)] Commissioner on Aging [now Assistant Secretary for Aging], Department of Health and Human Services[.]
1–102. The following positions are placed in level V of the Executive Schedule:
(a) Deputy Assistant Secretary of Defense for Reserve Affairs, Department of Defense.
(b) Executive Assistant and Counselor to the Secretary of Labor, Department of Labor.
(c) Deputy Under Secretary for Education, Department of Education.
(d) Deputy Under Secretary for Education, Department of Education.
(e) Commissioner, Administration for Native Americans[.]
1–2. General Provisions
1–201. Nothing in this Order shall be deemed to terminate or otherwise affect the appointment, or to require the reappointment, of any occupant of any position listed in Section 1–1 of this Order who was the occupant of that position immediately prior to the issuance of this Order.
1–202. Executive Order No. 12076, as amended, is hereby revoked.
Section Referred to in Other Sections
This section is referred to in
§5318. Adjustments in rates of pay
(a) Subject to subsection (b), 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
(b) In no event shall the percentage adjustment taking effect under subsection (a) in any calendar year (before rounding), in any rate of pay, exceed the percentage adjustment taking effect in such calendar year under section 5303 in the rates of pay under the General Schedule.
(Added
References in Text
The General Schedule, referred to in text, is set out under
Section 704(a)(1) of the Ethics Reform Act of 1989, referred to in subsec. (a), is section 704(a)(1) of
Amendments
1994—
1990—
1989—
Effective Date of 1994 Amendment
Section 101 of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1989 Amendment
Section 704(b) of
Salary Levels of Senior Government Officials
Section 703 of
"(a)
"(1)
"(2)
"(A)
"(B)
"(3)
"(b)
Revision in Method by Which Annual Pay Adjustments for Certain Executive, Legislative, and Judicial Positions Are To Be Made
Section 704(a) of
"(a)
"(1)
"(A)
"(i) the term 'Employment Cost Index' or 'ECI' means the Employment Cost Index (wages and salaries, private industry workers) published quarterly by the Bureau of Labor Statistics; and
"(ii) the term 'base quarter' means the 3-month period ending on December 31 of a year.
"(B)
"(i) reducing—
"(I) the ECI for the last base quarter prior to that date, by
"(II) the ECI for the second to last base quarter prior to that date,
"(ii) dividing the difference under clause (i) by the ECI for the base quarter referred to in clause (i)(II), and
"(iii) multiplying the quotient under clause (ii) by 100, except that no percentage change determined under this paragraph shall be—
"(I) less than zero; or
"(II) greater than 5 percent.
"(2)
"(A)
'corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.'.
"(B)
'corresponds to the most recent percentage change in the ECI (relative to the date described in the next sentence), as determined under section 704(a)(1) of the Ethics Reform Act of 1989. The appropriate date under this sentence is the first day of the fiscal year in which such adjustment in the rates of pay under the General Schedule takes effect.'."
Reduction of Rate of Salary or Basic Pay of Offices or Positions in the Executive, Legislative, and Judicial Branches to the Salary or Basic Pay Rate Payable as of July 14, 1983
"(a) Except as provided in subsection (b), the rate of salary or basic pay prescribed by law as of the date of the enactment of this Act [July 14, 1983] shall be reduced to the salary or basic pay rate payable as of such date in the case of—
"(1) any office or position at level I, II, or III of the Executive Schedule,
"(2) any Member of Congress, and
"(3) any other office or position in the legislative, executive, or judicial branch, or in the government of the District of Columbia, for which the rate of salary or basic pay that is payable on such date of enactment is less than the rate then prescribed by law.
"(b) In the case of any office or position in the legislative, executive, or judicial branch, or in the government of the District of Columbia, for which the maximum rate of salary or basic pay that is payable on the date of the enactment of this Act [July 14, 1983] is less than the maximum rate then prescribed by law, the maximum rate prescribed by law as of such date of enactment shall be reduced to the maximum rate payable as of such date.
"(c) In determining the amount of the reduction under this section in the case of any Senator, the provisions of section 129, of
Limitation on Maximum Rate of Salary Increases for Senior Executive, Judicial, and Legislative Positions (Including Members of Congress); Services Performed After December 17, 1982; Applicability to Senators; Construction With Provisions Relating to Annual Rates of Compensation of Officers and Employees of the Senate
"(b) In lieu of payment of salary increases of up to 27.2 percent as authorized by law for senior executive, judicial, and legislative positions (including Members of Congress), it is the purpose of this section [enacting this provision and amending section 101(e) of
"(c) Subsection (b) shall not apply to Senators.
"(d) For the purposes of any rule, regulation, or order having the force and effect of law and limiting the annual rates of compensation of officers and employees of the Senate by reference to the annual rate of pay of Senators, the annual rate of pay of Senators shall be deemed to be the annual rate of pay that would be payable to Senators without regard to subsection (c) of this section."
Fiscal Year 1983 Limitation on Use of Funds for Pay Adjustments for Certain Positions
"(a) No part of the funds appropriated for the fiscal year ending September 30, 1983, by this Act or any other Act may be used to pay the salary or pay of any individual in an office or position in the legislative, executive, or judicial branch, or in the government of the District of Columbia, at a rate which exceeds the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for September 30, 1982, if the rate of salary or basic pay for that office or position is—
"(1) fixed at a rate which is equal to or greater than the rate of basic pay for level V of the Executive Schedule under
"(2) limited to a maximum rate which is equal to or greater than the rate of basic pay for such level V (or to a percentage of such a maximum rate) by reason of
"(b) For purposes of subsection (a), the rate or maximum rate (as the case may be) of salary or basic pay payable for September 30, 1982, for any office or position which was not in existence on such date shall be deemed to be the rate or maximum rate (as the case may be) of salary or basic pay payable to individuals in comparable offices or positions for such date, as determined under regulations prescribed—
"(1) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia;
"(2) jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or
"(3) by the Chief Justice of the United States, in the case of any office or position within the judicial branch.
"(d) For purposes of administering any provisions of law, rule, or regulation which provides retirement, life insurance, or other employee benefit, which requires any deduction or contribution, or which imposes any requirement or limitation, on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay."
Fiscal Year 1982 Limitation on Use of Funds for Pay Adjustments for Certain Positions
"(a) No part of the funds appropriated for the fiscal year ending September 30, 1982, by this Act or any other Act may be used to pay the salary or pay of any individual in any office or position in the legislative, executive, or judicial branch, or in the government of the District of Columbia, at a rate which exceeds the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for September 30, 1981, if the rate of salary or basic pay for that office or position is—
"(1) fixed at a rate which is equal to or greater than the rate of basic pay for level V of the executive Schedule under
"(2) limited to a maximum rate which is equal to or greater than the rate of basic pay for such level V (or to a percentage of such a maximum rate) by reason of
"(b) For purposes of subsection (a), the rate or maximum rate (as the case may be) of salary or basic pay payable for September 30, 1981, for any office or position which was not in existence on such date shall be deemed to be the rate or maximum rate (as the case may be) of salary or basic pay payable to individuals in comparable offices or positions for such date, as determined under regulations prescribed—
"(1) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia;
"(2) jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or
"(3) by the Chief Justice of the United States, in the case of any office or position within the judicial branch.
"(d) For purposes of administering any provision of law, rule, or regulation which provides retirement, life insurance, or other employee benefit, which requires any deduction or contribution, or which imposes any requirement or limitation, on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay."
Similar provisions were contained in
"(a) Notwithstanding the provisions of section 305 of H.R. 4120 made applicable by section 101(g) of this joint resolution [set out above], but subject to subsection (b) of this section, nothing in section 101(g) shall (or shall be construed to) require that the rate of salary or basic pay, payable to any individual for or on account of services performed after December 31, 1981, be limited to or reduced to an amount which is less than—
"(1) $59,500, if such individual has an office or position the salary or pay for which corresponds to the rate of basic pay for level III of the Executive Schedule under
"(2) $58,500, if such individual has an office or position the salary or pay for which corresponds to the rate of basic pay for level IV of the Executive Schedule under
"(3) $57,500, if such individual has an office or position the salary or pay for which corresponds to the rate of basic pay for level V of the Executive Schedule under
"(b)(1) For purposes of subsection (a), any rate of salary or pay shall be considered to correspond to the basic pay for a level of the Executive Schedule if the rate of salary or pay for that office or position is (i) fixed at a rate which is equal to or greater than the rate of basic pay for that level of the Executive Schedule or (ii) limited to a maximum rate which is equal to or greater than the rate of basic pay for such level (or to a percentage of such a maximum rate) by reason of
"(2) In applying subsection (a) for any office or position for which the rate of salary or basic pay is limited to a percentage of such a maximum rate, there shall be substituted, in lieu of the amount specified in subsection (a) for that office or position, an amount equal to such percentage of the specified amount.
"(c) Any adjustment pursuant to this section made to the pay of any employee or class of employees whose pay is disbursed by the Clerk of the House should be of such amount as to assure, to the maximum extent practicable, that such employees are not paid at rates at less than employees or classes of employees whose pay is disbursed by the Secretary of the Senate and who hold equivalent positions."
Fiscal Year 1981 Limitation on Use of Funds for Pay Adjustments for Certain Positions
"(a) No part of the funds appropriated for the fiscal year ending September 30, 1981, by this Act or any other Act may be used to pay the salary or pay of any individual in any office or position in the legislative, executive, or judicial branch, or in the government of the District of Columbia, at a rate which exceeds the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for September 30, 1980, if the rate of salary or basic pay for that office or position is—
"(1) fixed at a rate which is equal to or greater than the rate of basic pay for level V of the Executive Schedule under
"(2) limited to a maximum rate which is equal to or greater than the rate of basic pay for such level V (or to a percentage of such a maximum rate) by reason of
"(b) For purposes of subsection (a), the rate or maximum rate (as the case may be) of salary or basic pay payable for September 3, 1980, for any office or position which was not in existence on such date shall be deemed to be the rate or maximum rate (as the case may be) of salary or basic pay payable to individuals in comparable offices or positions for such date, as determined under regulations prescribed—
"(1) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia;
"(2) jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or
"(3) by the Chief Justice of the United States, in the case of any office or position within the judicial branch.
"(d) For purposes of administering any provision of law, rule, or regulation which provides retirement, life insurance, or other employee benefit, which requires any deduction or contribution, or which imposes any requirement or limitation, on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay."
Similar provisions were contained in
Fiscal Year 1980 Limitation on Use of Funds for Pay Adjustments for Certain Positions
"For the fiscal year 1980, funds available for payment to executive employees, which includes Members of Congress, who under existing law are entitled to approximately 12.9 percent increase in pay, shall not be used to pay any such employee or elected or appointed official any sum in excess of 5.5 percent increase in existing pay and such sum if accepted shall be in lieu of the 12.9 percent due for such fiscal year.
"Provided, further, That for the purpose of carrying out this provision and notwithstanding the provisions of the Federal Pay Comparability Act of 1970 [
Fiscal Year 1979 Limitation on Use of Funds for Pay Adjustments for Certain Positions
"(a) No part of the funds appropriated for the fiscal year ending September 30, 1979, by this Act or any other Act may be used to pay the salary or pay of any individual in any office or position in the legislative, executive, or judicial branch, or in the government of the District of Columbia, at a rate which exceeds the rate (or maximum rate, if higher) of salary or basic pay payable for such office or position for September 30, 1978, if the rate of salary or basic pay for such office or position is—
"(1) fixed at a rate which is equal to or greater than the rate of basic pay for level V of the Executive Schedule under
"(2) limited to a maximum rate which is equal to or greater than the rate of basic pay for such level V (or to a percentage of such a maximum rate) by reason of
"(b) For purposes of subsection (a), the rate or maximum rate (as the case may be) of salary or basic pay payable for September 30, 1978, for any office or position which was not in existence on such date shall be deemed to be the rate or maximum rate (as the case may be) of salary or basic pay payable to individuals in comparable offices or positions for such date, as determined under regulations prescribed—
"(1) by the President, in the case of any office or position within the executive branch or in the government of the District of Columbia;
"(2) jointly by the Speaker of the House and the President pro tempore of the Senate, in the case of any office or position within the legislative branch; or
"(3) by the Chief Justice of the United States, in the case of any office or position within the judicial branch.
"(c) For purposes of administering any provision of law, rule, or regulation which provides retirement, life insurance, or other employee benefit, which requires any deduction or contribution, or which imposes any requirement or limitation, on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay."
Identical provisions were enacted by
1977 Comparability Adjustment not Effective for Certain Positions
"(1) the second sentence of
"(2) paragraph (2) of section 601(a) of the Legislative Reorganization Act of 1946 (
"(3)
"(4)
Fiscal Year 1977 Limitation on Use of Funds for Pay Adjustments for Certain Positions
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER III—GENERAL SCHEDULE PAY RATES
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5331. Definitions; application
(a) For the purpose of this subchapter, "agency", "employee", "position", "class", and "grade" have the meanings given them by
(b) This subchapter applies to employees and positions to which
(
Historical and Revision Notes
The section is added on authority of former sections 1081, 1082, 1084, and 1091, which are carried into section 5102.
Amendments
1990—Subsec. (b).
1988—Subsec. (b).
1978—Subsec. (b).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
References in Other Laws to Chapter 51 and Subchapter III of Chapter 53
References in laws to fix pay in accordance with this subchapter and
Cross References
Employment of reading assistants for blind employees without regard to the provisions of this subchapter, see
Section Referred to in Other Sections
This section is referred to in title 50 App. section 2153.
§5332. The General Schedule
(a)(1) The General Schedule, the symbol for which is "GS", is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule.
(2) The General Schedule is a schedule of annual rates of basic pay, consisting of 15 grades, designated "GS–1" through "GS–15", consecutively, with 10 rates of pay for each such grade. The rates of pay of the General Schedule are adjusted in accordance with section 5303.
(b) When payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Oct. 28, 1949, ch. 782, §603 (less (d)), |
|
Oct. 24, 1951, ch. 554, §1(a), |
||
Sept. 1, 1954, ch. 1208, §109 (less (c)), |
||
June 28, 1955, ch. 189, §2(a), |
||
June 20, 1958, |
||
July 1, 1960, |
||
Oct. 11, 1962, |
||
Aug. 14, 1964, |
||
(b) | Oct. 28, 1949, ch. 782, §603 (d), |
|
Sept. 1, 1954, ch. 1208, §109(c), |
In subsection (a), the words "the symbol for which is 'GS' " are added on authority of former section 1111 which is carried into section 5104. So much as related to the Crafts, Protective, and Custodial Schedule is omitted as repealed effective not later than Sept. 11, 1955, by the Act of Sept. 1, 1954, §§109(b), 110(b),
In subsection (b), reference to payment made on the basis of a "monthly" rate is omitted since section 5504(b), former section 944(c), no longer provides for converting a basic annual rate to a basic monthly rate.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5332(a) | 5 App.: 1113(b). | Oct. 29, 1965, July 18, 1966, |
Amendments
1993—Subsec. (a)(1).
1992—Subsec. (a).
1984—Subsec. (a).
1978—Subsec. (a).
1967—Subsec. (a).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Effective Date of 1978 Amendment
Section 504(a) of
Effective Date of 1967 Amendment
Section 220(a)(2) of
Short Title
Section 1 of
Section 201 of title II of
Adjustment of Pay Rates Effective October 1, 1972
"
1970 Increase in Pay Rates
"
"
"(2) The schedules referred to in paragraph (1) of this subsection are as follows: the General Schedule contained in
"(b) Rates of basic pay, basic compensation, and salaries of officers and employees paid under the schedules referred to in subsection (a) of this section shall be increased initially under conversion rules prescribed by the President or by such agency as the President may designate.
"(c) The increases made by the President under this section shall have the force and effect of law and shall be printed in (1) the Statutes at Large in the same volume as public laws, (2) the Federal Register, and (3) the Code of Federal Regulations.
"
"(1) the Secretary of Agriculture, with respect to individuals employed by the county committees established under
"(2) the President pro tempore of the Senate, with respect to the United States Senate;
"(3) the Finance Clerk of the House of Representatives, with respect to the United States House of Representatives; and
"(4) the Architect of the Capitol, with respect to the Office of the Architect of the Capitol.
The provisions of this section shall not be construed to allow adjustments in the rates of pay of the following officers of the United States House of Representatives: Parliamentarian, Chaplain, Clerk, Sergeant at Arms, Doorkeeper, Postmaster, and the four Floor Assistants to the Minority whose position titles formerly were Minority Clerk, Minority Sergeant at Arms, Minority Doorkeeper, and Minority Postmaster.
"(b) Notwithstanding
"(c) The rates of pay of the United States attorneys and assistant United States attorneys whose annual salaries are fixed pursuant to
"(d) Notwithstanding
"
"(b) Nothing in this Act shall impair any authority pursuant to which rates of pay, compensation, or salary may be fixed by administrative action.
"(c) Notwithstanding any provisions other than section 6 of this Act—
"(1) any officer or employee of the United States Government receiving pay, compensation, or salary which is less than the basic pay for level V of the Executive Schedule in
"(2) any officer or employee of the United States Government receiving pay, compensation, or salary equal to or in excess of the basic pay for such level V shall not have his pay, compensation, or salary increased.
"
"(1) to an officer or employee who retired, during the period beginning on the first day of the first pay period which began on or after December 27, 1969, and ending on the date of enactment of this Act [Apr. 15, 1970], for services rendered during such period; and
"(2) in accordance with subchapter VIII of
Such retroactive pay, compensation, or salary shall not be considered as basic pay for the purposes of subchapter III of
"(b) For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the United States Government or the municipal government of the District of Columbia.
"
"
"
"
"(b) This section and sections 7 and 8 of this Act shall become effective on the date of enactment of this Act [Apr. 15, 1970].
"(c) For purposes of determining the amount of insurance for which an individual is eligible under
"(d) Any deduction to be made as the result of the enactment of this Act from the pay, compensation, or salary of an officer or employee enrolled in a retirement system of the United States Government, and the contribution of the agency employing the officer or employee, shall be made at the rates of deductions and contributions in effect for that system on the date of such enactment [Apr. 15, 1970]."
Initial Adjustment of 1967 Pay Increases
Section 202(b) of
"(1) If the officer or employee is receiving basic pay immediately prior to the effective date of this section [see Effective Date of 1967 Amendment note under this section] at one of the rates of a grade in the General Schedule, he shall receive a rate of basic pay at the corresponding rate in effect on and after such date.
"(2) If the officer or employee is receiving basic pay immediately prior to the effective date of this section [see Effective Date of 1967 Amendment note under this section] at a rate between two rates of a grade in the General Schedule, he shall receive a rate of basic pay at the higher of the two corresponding rates in effect on and after such date.
"(3) If the officer or employee is receiving basic pay immediately prior to the effective date of this section [see Effective Date of 1967 Amendment note under this section] at a rate in excess of the maximum rate for his grade, he shall receive (A) the maximum rate for his grade in the new schedule, or (B) his existing rate of basic pay increased by 4.5 per centum, rounded to the next highest dollar, if such existing rate as so increased is higher.
"(4) If the officer or employee, immediately prior to the effective date of this section [see Effective Date of 1967 Amendment note under this section], is receiving, pursuant to section 2(b)(4) of the Federal Employees Salary Increase Act of 1955, an existing aggregate rate of pay determined under section 208(b) of the Act of September 1, 1954, (
"(5) If the officer or employee, at any time during the period beginning on the effective date of this section [see Effective Date of 1967 Amendment note under this section], and ending on the date of enactment of this title [Dec. 16, 1967], was promoted from one grade under the General Schedule contained in
"(6) If the officer or employee, at any time during the period beginning on the effective date of this section and ending on the date of enactment of this title [Dec. 16, 1967] became subject to the General Schedule and his rate of basic pay was set above the minimum rate of the grade on the basis of a previously earned rate above such minimum rate, his rate of basic pay shall be adjusted retroactively to the date on which he became subject to the General Schedule on the basis of the rate of the appropriate grade of the General Schedule contained in this section which corresponds numerically to the rate of the grade at which the pay of such officer or employee was set at the time he became subject to the General Schedule."
Section 202(b) of
1967 Salary Increase for Persons Whose Compensation Rates are Fixed by Administrative Action
Section 211(b)–(d) of
"(b) Notwithstanding section 3679 of the Revised Statutes, as amended (
"(c) Nothing contained in this section shall be held or considered to authorize any increase in the rates of pay of officers and employees whose rates of pay are fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates or practices.
"(d) Nothing contained in this section shall affect the authority contained in any law pursuant to which rates of pay may be fixed by administrative action."
Sections 211(b)–(d) of
Retroactive Compensation Under 1967 Pay Increases
Section 218 of
"(a) Retroactive pay, compensation, or salary shall be paid by reason of this title only in the case of an individual in the service of the United States (including service in the Armed Forces of the United States) or the municipal government of the District of Columbia on the date of enactment of this title [Dec. 16, 1967] except that such retroactive pay, compensation, or salary shall be paid—
"(1) to an officer or employee who retired, during the period beginning on the first day of the first pay period which began on or after October 1, 1967, and ending on the date of enactment of this title [Dec. 16, 1967], for services rendered during such period, and
"(2) in accordance with subchapter VIII of
Such retroactive pay, compensation, or salary shall not be considered as basic pay for the purposes of subchapter III of
"(b) For the purposes of this section, service in the Armed Forces of the United States, in the case of an individual relieved from training and service in the Armed Forces of the United States or discharged from hospitalization following such training and service, shall include the period provided by law for the mandatory restoration of such individual to a position in or under the Federal Government or the municipal government of the District of Columbia."
Section 218 of
Executive Order No. 11413
Ex. Ord. No. 11413, June 11, 1968, 33 F.R. 8641, which provided for adjustment of pay rates effective July 1, 1968, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11474
Ex. Ord. No. 11474, June 16, 1969, 34 F.R. 9605, which provided for adjustment of pay rates effective July 1, 1969, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11524
Ex. Ord. No. 11524, Apr. 15, 1970, 35 F.R. 6247, which provided for adjustment of pay rates effective first pay period on or after Dec. 27, 1969, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11576
Ex. Ord. No. 11576, Jan. 8, 1971, 36 F.R. 347, which provided for adjustment of pay rates effective Jan. 1, 1971, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11637
Ex. Ord. No. 11637, Dec. 22, 1971, 36 F.R. 24911, which provided for adjustment of pay rates effective Jan. 1, 1972, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11691
Ex. Ord. No. 11691, Dec. 15, 1972, 37 F.R. 27607, as amended by Ex. Ord. No. 11777, Apr. 12, 1974, 39 F.R. 13519, which provided for adjustment of pay rates effective Oct. 1, 1972, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11739
Ex. Ord. No. 11739, Oct. 3, 1973, 38 F.R. 27581, which provided for adjustment of pay rates effective Oct. 1, 1973, was superseded by Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, formerly set out below.
Executive Order No. 11811
Ex. Ord. No. 11811, Oct. 7, 1974, 39 F.R. 36302, which provided for adjustment of pay rates effective Oct. 1, 1974, was superseded by Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, formerly set out below.
Executive Order No. 11883
Ex. Ord. No. 11883, Oct. 6, 1975, 40 F.R. 47091, which provided for adjustment of pay rates effective Oct. 1, 1975, was superseded by Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43889, formerly set out below.
Executive Order No. 11941
Ex. Ord. No. 11941, Oct. 1, 1976, 41 F.R. 43899, as amended by Ex. Ord. No. 11943, Oct. 25, 1976, 41 F.R. 47213, which provided for adjustment of pay rates effective Oct. 1, 1976, was superseded by Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, formerly set out below.
Executive Order No. 12010
Ex. Ord. No. 12010, Sept. 28, 1977, 42 F.R. 52365, which provided for adjustment of pay rates effective Oct. 1, 1977, was superseded by Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, formerly set out below.
Executive Order No. 12087
Ex. Ord. No. 12087, Oct. 7, 1978, 43 F.R. 46823, which provided for adjustment of pay rates effective Oct. 1, 1978, was superseded by Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, formerly set out below.
Executive Order No. 12165
Ex. Ord. No. 12165, Oct. 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 44 F.R. 16443, which provided for adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, formerly set out below.
Executive Order No. 12248
Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which provided for adjustment of pay rates effective Oct. 1, 1980, was superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, formerly set out below.
Executive Order No. 12330
Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided for adjustment of pay rates effective Oct. 1, 1981, was superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, formerly set out below.
Executive Order No. 12387
Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which provided for adjustment of pay rates effective Oct. 1, 1982, was superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041, formerly set out below.
Executive Order No. 12456
Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, which provided for adjustment of pay rates effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, formerly set out below.
Executive Order No. 12496
Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for adjustment of pay rates effective Jan. 1, 1985, was superseded by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, formerly set out below.
Executive Order No. 12578
Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided for adjustment of pay rates effective Jan. 1, 1987, was superseded by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, formerly set out below.
Executive Order No. 12622
Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided for adjustment of pay rates effective Jan. 1, 1988, was superseded by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, formerly set out below.
Executive Order No. 12663
Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for adjustment of pay rates effective Jan. 1, 1989, was superseded by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, formerly set out below.
Executive Order No. 12698
Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which provided for adjustment of pay rates effective Jan. 1 and 31, 1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, formerly set out below.
Executive Order No. 12736
Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which provided for adjustment of pay rates effective Jan. 1, 1991, was superseded by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, formerly set out below.
Executive Order No. 12786
Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, which provided for adjustment of pay rates effective Jan. 1, 1992, was superseded by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, formerly set out below.
Executive Order No. 12826
Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, as amended by Ex. Ord. No. 12886, §3, Dec. 23, 1993, 58 F.R. 68709, which provided for adjustment of pay rates effective Jan. 1, 1993, was superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out below.
Executive Order No. 12886
Ex. Ord. No. 12886, Dec. 23, 1993, 58 F.R. 68709, which provided for adjustment of pay rates for the uniformed services effective Jan. 1, 1994, was superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, formerly set out below.
Executive Order No. 12944
Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, which provided for adjustment of pay rates effective Jan. 1, 1995, was superseded by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, formerly set out below.
Executive Order No. 12984
Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, as amended by Ex. Ord. No. 12990, §3, Feb. 29, 1996, 61 F.R. 8467, which provided for adjustment of pay rates effective Jan. 1, 1996, was superseded by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out below.
Executive Order No. 12990
Ex. Ord. No. 12990, Feb. 29, 1996, 61 F.R. 8467, which provided for adjustment of pay rates for the uniformed services effective Jan. 1, 1996, was superseded by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, formerly set out below.
Executive Order No. 13033
Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which provided for adjustment of pay rates effective Jan. 1, 1997, was superseded by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, formerly set out below.
Executive Order No. 13071
Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which provided for adjustment of pay rates effective Jan. 1, 1998, was superseded by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, set out below.
Executive Order No. 13106
Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, as amended by Ex. Ord. No. 13144, §8, Dec. 21, 1999, 64 F.R. 72238, provided for adjustment of pay rates effective Jan. 1, 1999, and amendment of Ex. Ord. No. 12748 (
Ex. Ord. No. 13144. Adjustments of Certain Rates of Pay
Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the laws cited herein, it is hereby ordered as follows:
(a) The General Schedule (
(b) The Foreign Service Schedule (
(c) The schedules for the Veterans Health Administration of the Department of Veterans Affairs (
(a) The Executive Schedule (
(b) The Vice President (
(c) Justices and judges (
(b) The Director of the Office of Personnel Management shall take such actions as may be necessary to implement these payments and to publish appropriate notice of such payments in the Federal Register.
William J. Clinton.
1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | |
---|---|---|---|---|---|---|---|---|---|---|
GS–1 | $13,870 | $14,332 | $14,794 | $15,252 | $15,715 | $15,986 | $16,440 | $16,900 | $16,918 | $17,351 |
GS–2 | 15,594 | 15,964 | 16,481 | 16,918 | 17,107 | 17,610 | 18,113 | 18,616 | 19,119 | 19,622 |
GS–3 | 17,015 | 17,582 | 18,149 | 18,716 | 19,283 | 19,850 | 20,417 | 20,984 | 21,551 | 22,118 |
GS–4 | 19,100 | 19,737 | 20,374 | 21,011 | 21,648 | 22,285 | 22,922 | 23,559 | 24,196 | 24,833 |
GS–5 | 21,370 | 22,082 | 22,794 | 23,506 | 24,218 | 24,930 | 25,642 | 26,354 | 27,066 | 27,778 |
GS–6 | 23,820 | 24,614 | 25,408 | 26,202 | 26,996 | 27,790 | 28,584 | 29,378 | 30,172 | 30,966 |
GS–7 | 26,470 | 27,352 | 28,234 | 29,116 | 29,998 | 30,880 | 31,762 | 32,644 | 33,526 | 34,408 |
GS–8 | 29,315 | 30,292 | 31,269 | 32,246 | 33,223 | 34,200 | 35,177 | 36,154 | 37,131 | 38,108 |
GS–9 | 32,380 | 33,459 | 34,538 | 35,617 | 36,696 | 37,775 | 38,854 | 39,933 | 41,012 | 42,091 |
GS–10 | 35,658 | 36,847 | 38,036 | 39,225 | 40,414 | 41,603 | 42,792 | 43,981 | 45,170 | 46,359 |
GS–11 | 39,178 | 40,484 | 41,790 | 43,096 | 44,402 | 45,708 | 47,014 | 48,320 | 49,626 | 50,932 |
GS–12 | 46,955 | 48,520 | 50,085 | 51,650 | 53,215 | 54,780 | 56,345 | 57,910 | 59,475 | 61,040 |
GS–13 | 55,837 | 57,698 | 59,559 | 61,420 | 63,281 | 65,142 | 67,003 | 68,864 | 70,725 | 72,586 |
GS–14 | 65,983 | 68,182 | 70,381 | 72,580 | 74,779 | 76,978 | 79,177 | 81,376 | 83,575 | 85,774 |
GS–15 | 77,614 | 80,201 | 82,788 | 85,375 | 87,962 | 90,549 | 93,136 | 95,723 | 98,310 | 100,897 |
Step | Class 1 | Class 2 | Class 3 | Class 4 | Class 5 | Class 6 | Class 7 | Class 8 | Class 9 |
---|---|---|---|---|---|---|---|---|---|
1 | $77,614 | $62,890 | $50,960 | $41,292 | $33,459 | $29,911 | $26,740 | $23,905 | $21,370 |
2 | 79,942 | 64,777 | 52,489 | 42,531 | 34,463 | 30,808 | 27,542 | 24,622 | 22,011 |
3 | 82,341 | 66,720 | 54,063 | 43,807 | 35,497 | 31,733 | 28,368 | 25,361 | 22,671 |
4 | 84,811 | 68,722 | 55,685 | 45,121 | 36,562 | 32,685 | 29,220 | 26,122 | 23,352 |
5 | 87,355 | 70,783 | 57,356 | 46,475 | 37,658 | 33,665 | 30,096 | 26,905 | 24,052 |
6 | 89,976 | 72,907 | 59,077 | 47,869 | 38,788 | 34,675 | 30,999 | 27,712 | 24,774 |
7 | 92,675 | 75,094 | 60,849 | 49,305 | 39,952 | 35,715 | 31,929 | 28,544 | 25,517 |
8 | 95,455 | 77,347 | 62,674 | 50,784 | 41,150 | 36,787 | 32,887 | 29,400 | 26,282 |
9 | 98,319 | 79,667 | 64,555 | 52,307 | 42,385 | 37,890 | 33,873 | 30,282 | 27,071 |
10 | 100,897 | 82,057 | 66,491 | 53,877 | 43,656 | 39,027 | 34,890 | 31,191 | 27,883 |
11 | 100,897 | 84,519 | 68,486 | 55,493 | 44,966 | 40,198 | 35,936 | 32,126 | 28,719 |
12 | 100,897 | 87,054 | 70,541 | 57,158 | 46,315 | 41,404 | 37,014 | 33,090 | 29,581 |
13 | 100,897 | 89,666 | 72,657 | 58,873 | 47,705 | 42,646 | 38,125 | 34,083 | 30,469 |
14 | 100,897 | 92,356 | 74,836 | 60,639 | 49,136 | 43,925 | 39,269 | 35,105 | 31,383 |
Schedule for the Office of the Under Secretary for Health ( |
|||
Deputy Under Secretary for Health | 2 $131,811 | ||
Associate Deputy Under Secretary for Health | 3 126,250 | ||
Assistant Under Secretaries for Health | 3 122,529 | ||
Minimum | Maximum | ||
Medical Directors | $104,542 | 3 $118,484 | |
Service Directors | 91,028 | 113,050 | |
Director, National Center for Preventive Health | 77,614 | 113,050 | |
Physician and Dentist Schedule | |||
Director Grade | $91,028 | $113,050 | |
Executive Grade | 84,055 | 107,125 | |
Chief Grade | 77,614 | 100,897 | |
Senior Grade | 65,983 | 85,774 | |
Intermediate Grade | 55,837 | 72,586 | |
Full Grade | 46,955 | 61,040 | |
Associate Grade | 39,178 | 50,932 | |
Clinical Podiatrist and Optometrist Schedule | |||
Chief Grade | $77,614 | $100,897 | |
Senior Grade | 65,983 | 85,774 | |
Intermediate Grade | 55,837 | 72,586 | |
Full Grade | 46,955 | 61,040 | |
Associate Grade | 39,178 | 50,932 | |
Physician Assistant and Expanded-Function Dental Auxiliary Schedule 4 | |||
Director Grade | $77,614 | $100,897 | |
Assistant Director Grade | 65,983 | 85,774 | |
Chief Grade | 55,837 | 72,586 | |
Senior Grade | 46,955 | 61,040 | |
Intermediate Grade | 39,178 | 50,932 | |
Full Grade | 32,380 | 42,091 | |
Associate Grade | 27,864 | 36,225 | |
Junior Grade | 23,820 | 30,966 |
1 This schedule does not apply to the Assistant Under Secretary for Nursing Programs or the Director of Nursing Services. Pay for these positions is set by the Under Secretary for Health under
2 Pursuant to
3 Pursuant to
4 Pursuant to section 301(a) of
Schedule 4
Senior Executive Service
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2000)
Schedule 5
Executive Schedule
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2000)
Schedule 6
Vice President and Members of Congress
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2000)
Schedule 7
Judicial Salaries
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2000)
Pay Grade | 2 or less | Over 2 | Over 3 | Over 4 | Over 6 |
---|---|---|---|---|---|
O–10 1 | $8,214.90 | $8,503.80 | $8,503.80 | $8,503.80 | $8,503.80 |
O–9 | 7,280.70 | 7,471.50 | 7,630.50 | 7,630.50 | 7,630.50 |
O–8 | 6,594.30 | 6,792.30 | 6,953.10 | 6,953.10 | 6,953.10 |
O–7 | 5,479.50 | 5,851.80 | 5,851.80 | 5,851.80 | 6,114.60 |
O–6 | 4,061.10 | 4,461.60 | 4,754.40 | 4,754.40 | 4,754.40 |
O–5 | 3,248.40 | 3,813.90 | 4,077.90 | 4,077.90 | 4,077.90 |
O–4 | 2,737.80 | 3,333.90 | 3,556.20 | 3,556.20 | 3,622.20 |
O–3 2 | 2,544.00 | 2,844.30 | 3,041.10 | 3,364.80 | 3,525.90 |
O–2 2 | 2,218.80 | 2,423.10 | 2,910.90 | 3,009.00 | 3,071.10 |
O–1 2 | 1,926.30 | 2,004.90 | 2,423.10 | 2,423.10 | 2,423.10 |
Over 8 | Over 10 | Over 12 | Over 14 | Over 16 | |
O–10 1 | $8,830.20 | $8,830.20 | $9,319.50 | $9,319.50 | $9,986.40 |
O–9 | 7,824.60 | 7,824.60 | 8,150.10 | 8,150.10 | 8,830.20 |
O–8 | 7,471.50 | 7,471.50 | 7,824.60 | 7,824.60 | 8,150.10 |
O–7 | 6,114.60 | 6,468.90 | 6,468.90 | 6,792.30 | 7,471.50 |
O–6 | 4,754.40 | 4,754.40 | 4,754.40 | 4,916.10 | 5,693.10 |
O–5 | 4,077.90 | 4,200.30 | 4,427.10 | 4,723.80 | 5,077.50 |
O–4 | 3,781.80 | 4,040.40 | 4,267.50 | 4,461.60 | 4,658.10 |
O–3 2 | 3,652.20 | 3,850.20 | 4,040.40 | 4,139.10 | 4,139.10 |
O–2 2 | 3,071.10 | 3,071.10 | 3,071.10 | 3,071.10 | 3,071.10 |
O–1 2 | 2,423.10 | 2,423.10 | 2,423.10 | 2,423.10 | 2,423.10 |
Over 18 | Over 20 | Over 22 | Over 24 | Over 26 | |
O–10 1 | $9,986.40 | $10,655.10 | $10,655.10 | $10,655.10 | *$11,318.40 |
O–9 | 8,830.20 | 9,319.50 | 9,319.50 | 9,319.50 | 9,986.40 |
O–8 | 8,503.80 | 8,830.20 | 9,048.00 | 9,048.00 | 9,048.00 |
O–7 | 7,985.40 | 7,985.40 | 7,985.40 | 7,985.40 | 7,985.40 |
O–6 | 5,983.80 | 6,114.60 | 6,468.90 | 6,687.30 | 7,015.50 |
O–5 | 5,368.20 | 5,531.10 | 5,724.60 | 5,724.60 | 5,724.60 |
O–4 | 4,785.90 | 4,785.90 | 4,785.90 | 4,785.90 | 4,785.90 |
O–3 2 | 4,139.10 | 4,139.10 | 4,139.10 | 4,139.10 | 4,139.10 |
O–2 2 | 3,071.10 | 3,071.10 | 3,071.10 | 3,071.10 | 3,071.10 |
O–1 2 | 2,423.10 | 2,423.10 | 2,423.10 | 2,423.10 | 2,423.10 |
1 For officers serving as Chairman or Vice Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, Commandant of the Marine Corps, or Commandant of the Coast Guard, basic pay for this grade is calculated to be $12,488.70 per month, regardless of cumulative years of service computed under
2 Does not apply to commissioned officers who have been credited with over 4 years of active duty service as an enlisted member or warrant officer.
* Basic pay for these officers is limited to the rate of basic pay for level III of the Executive Schedule, which is $10,850.10 per month.
Pay Grade | Over 4 | Over 6 | Over 8 | Over 10 |
---|---|---|---|---|
O–3E | $3,364.80 | $3,525.90 | $3,652.20 | $3,850.20 |
O–2E | 3,009.00 | 3,071.10 | 3,168.60 | 3,333.90 |
O–1E | 2,423.10 | 2,588.40 | 2,683.80 | 2,781.30 |
Over 12 | Over 14 | Over 16 | Over 18 | |
O–3E | $4,040.40 | $4,200.30 | $4,200.30 | $4,200.30 |
O–2E | 3,461.40 | 3,556.20 | 3,556.20 | 3,556.20 |
O–1E | 2,877.60 | 3,009.00 | 3,009.00 | 3,009.00 |
Over 20 | Over 22 | Over 24 | Over 26 | |
O–3E | $4,200.30 | $4,200.30 | $4,200.30 | $4,200.30 |
O–2E | 3,556.20 | 3,556.20 | 3,556.20 | 3,556.20 |
O–1E | 3,009.00 | 3,009.00 | 3,009.00 | 3,009.00 |
Pay Grade | 2 or less | Over 2 | Over 3 | Over 4 | Over 6 |
---|---|---|---|---|---|
W–5 | |||||
W–4 | $2,592.00 | $2,781.30 | $2,781.30 | $2,844.30 | $2,974.20 |
W–3 | 2,355.90 | 2,555.40 | 2,555.40 | 2,588.40 | 2,618.70 |
W–2 | 2,063.40 | 2,232.60 | 2,232.60 | 2,297.40 | 2,423.10 |
W–1 | 1,719.00 | 1,971.00 | 1,971.00 | 2,135.70 | 2,232.60 |
Over 8 | Over 10 | Over 12 | Over 14 | Over 16 | |
W–5 | |||||
W–4 | $3,105.00 | $3,235.50 | $3,461.40 | $3,622.20 | $3,749.40 |
W–3 | 2,810.40 | 2,974.20 | 3,071.10 | 3,168.60 | 3,263.40 |
W–2 | 2,555.40 | 2,652.60 | 2,749.80 | 2,844.30 | 2,944.50 |
W–1 | 2,328.00 | 2,423.10 | 2,522.70 | 2,618.70 | 2,716.20 |
Over 18 | Over 20 | Over 22 | Over 24 | Over 26 | |
W–5 | $4,423.80 | $4,591.20 | $4,724.10 | $4,923.30 | |
W–4 | $3,850.20 | 3,974.10 | 4,107.00 | 4,235.10 | 4,427.10 |
W–3 | 3,364.80 | 3,495.90 | 3,622.20 | 3,622.20 | 3,749.40 |
W–2 | 3,041.10 | 3,136.80 | 3,263.40 | 3,263.40 | 3,263.40 |
W–1 | 2,810.40 | 2,910.90 | 2,910.90 | 2,910.90 | 2,910.90 |
Pay Grade | 2 or less | Over 2 | Over 3 | Over 4 | Over 6 |
---|---|---|---|---|---|
E–9 1 | |||||
E–8 | |||||
E–7 | $1,765.80 | $1,906.20 | $1,976.10 | $2,045.70 | $2,115.60 |
E–6 | 1,518.90 | 1,655.70 | 1,724.40 | 1,797.60 | 1,865.40 |
E–5 | 1,332.60 | 1,450.50 | 1,521.00 | 1,587.30 | 1,691.70 |
E–4 | 1,242.90 | 1,312.80 | 1,390.20 | 1,497.30 | 1,556.70 |
E–3 | 1,171.50 | 1,235.70 | 1,284.60 | 1,335.90 | 1,335.90 |
E–2 | 1,127.40 | 1,127.40 | 1,127.40 | 1,127.40 | 1,127.40 |
E–1 2 | 1,005.60 | 1,005.60 | 1,005.60 | 1,005.60 | 1,005.60 |
E–1 3 | 930.30 | ||||
Over 8 | Over 10 | Over 12 | Over 14 | Over 16 | |
E–9 1 | $3,015.30 | $3,083.40 | $3,152.70 | $3,225.60 | |
E–8 | $2,528.40 | 2,601.60 | 2,669.70 | 2,739.00 | 2,811.60 |
E–7 | 2,182.80 | 2,252.70 | 2,323.20 | 2,427.90 | 2,496.90 |
E–6 | 1,932.60 | 2,003.40 | 2,106.60 | 2,172.90 | 2,242.80 |
E–5 | 1,761.00 | 1,830.00 | 1,898.10 | 1,932.60 | 1,932.60 |
E–4 | 1,556.70 | 1,556.70 | 1,556.70 | 1,556.70 | 1,556.70 |
E–3 | 1,335.90 | 1,335.90 | 1,335.90 | 1,335.90 | 1,335.90 |
E–2 | 1,127.40 | 1,127.40 | 1,127.40 | 1,127.40 | 1,127.40 |
E–1 2 | 1,005.60 | 1,005.60 | 1,005.60 | 1,005.60 | 1,005.60 |
E–1 3 | |||||
Over 18 | Over 20 | Over 22 | Over 24 | Over 26 | |
E–9 1 | $3,298.20 | $3,361.50 | $3,537.90 | $3,675.60 | $3,882.60 |
E–8 | 2,875.50 | 2,946.30 | 3,119.40 | 3,258.00 | 3,467.10 |
E–7 | 2,566.20 | 2,599.50 | 2,774.40 | 2,912.40 | 3,119.40 |
E–6 | 2,277.00 | 2,277.00 | 2,277.00 | 2,277.00 | 2,277.00 |
E–5 | 1,932.60 | 1,932.60 | 1,932.60 | 1,932.60 | 1,932.60 |
E–4 | 1,556.70 | 1,556.70 | 1,556.70 | 1,556.70 | 1,556.70 |
E–3 | 1,335.90 | 1,335.90 | 1,335.90 | 1,335.90 | 1,335.90 |
E–2 | 1,127.40 | 1,127.40 | 1,127.40 | 1,127.40 | 1,127.40 |
E–1 2 | 1,005.60 | 1,005.60 | 1,005.60 | 1,005.60 | 1,005.60 |
E–1 3 |
1 For noncommissioned officers serving as Sergeant Major of the Army, Master Chief Petty Officer of the Navy or Coast Guard, Chief Master Sergeant of the Air Force, or Sergeant Major of the Marine Corps, basic pay for this grade is $4,719.00 per month, regardless of cumulative years of service under
2 Applies to personnel who have served 4 months or more on active duty.
3 Applies to personnel who have served less than 4 months on active duty.
part ii—rate of monthly cadet or midshipman pay
The rate of monthly cadet or midshipman pay authorized by
Locality Pay Area 1 | Rate |
---|---|
Atlanta, GA | 7.66% |
Boston-Worcester-Lawrence, MA–NH–ME–CT | 10.72% |
Chicago-Gary-Kenosha, IL–IN–WI | 11.49% |
Cincinnati-Hamilton, OH–KY–IN | 9.52% |
Cleveland-Akron, OH | 8.05% |
Columbus, OH | 8.55% |
Dallas-Fort Worth, TX | 8.59% |
Dayton-Springfield, OH | 7.63% |
Denver-Boulder-Greeley, CO | 10.54% |
Detroit-Ann Arbor-Flint, MI | 11.64% |
Hartford, CT | 11.25% |
Houston-Galveston-Brazoria, TX | 14.79% |
Huntsville, AL | 7.22% |
Indianapolis, IN | 6.99% |
Kansas City, MO–KS | 7.42% |
Los Angeles-Riverside-Orange County, CA | 12.76% |
Miami-Fort Lauderdale, FL | 9.80% |
Milwaukee-Racine, WI | 7.83% |
Minneapolis-St. Paul, MN–WI | 9.11% |
New York-Northern New Jersey-Long Island, NY–NJ–CT–PA | 12.09% |
Orlando, FL | 6.79% |
Philadelphia-Wilmington-Atlantic City, PA–NJ–DE–MD | 9.55% |
Pittsburgh, PA | 7.61% |
Portland-Salem, OR–WA | 9.06% |
Richmond-Petersburg, VA | 7.60% |
Sacramento-Yolo, CA | 9.50% |
St. Louis, MO–IL | 7.08% |
San Diego, CA | 9.97% |
San Francisco-Oakland-San Jose, CA | 15.01% |
Seattle-Tacoma-Bremerton, WA | 9.20% |
Washington-Baltimore, DC–MD–VA–WV | 9.05% |
Rest of U.S. | 6.78% |
1 Locality Pay Areas are defined in 5 CFR 531.603.
Schedule 10
Administrative Law Judges
(Effective on the first day of the first applicable pay period beginning on or after January 1, 2000)
Section Referred to in Other Sections
This section is referred to in
§5333. Minimum rate for new appointments
New appointments shall be made at the minimum rate of the appropriate grade. However, under regulations prescribed by the Office of Personnel Management which provide for such considerations as the existing pay or unusually high or unique qualifications of the candidate, or a special need of the Government for his services, the head of an agency may appoint, with the approval of the Office in each specific case, an individual to a position at such a rate above the minimum rate of the appropriate grade as the Office may authorize for this purpose. The approval of the Office in each specific case is not required with respect to an appointment made by the Librarian of Congress.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Oct. 28, 1949, ch. 782, §801, Aug. 14, 1964, |
|
(b) | Oct. 28, 1949, ch. 782, §803, |
|
Sept. 1, 1954, ch. 1208, §104, |
||
Oct. 11, 1962, |
In subsection (b), the word "scheduled" is omitted since section 603 of the Act of Oct. 11, 1962,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5333(a) | 5 App.: 1131. | July 18, 1966, |
Amendments
1990—
1979—
1978—Subsecs. (a), (b).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 7 section 84.
§5334. Rate on change of position or type of appointment; regulations
(a) The rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Office of Personnel Management in conformity with this subchapter and
(1) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply;
(2) he is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position;
(3) he is demoted to a position in a lower grade;
(4) he is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch;
(5) his type of appointment is changed;
(6) his employment status is otherwise changed; or
(7) his position is changed from one grade to another grade.
For the purpose of this subsection, an individual employed by the Appalachian Regional Commission under section 106(2) of the Appalachian Regional Development Act of 1965 (40 U.S.C. App.), who was a Federal employee immediately prior to such employment by a commission and within 6 months after separation from such employment is employed in a position to which this subchapter applies, shall be treated as if transferred from a position in the executive branch to which this subchapter does not apply.
(b) An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two step-increases of the grade from which he is promoted or transferred. If, in the case of an employee so promoted or transferred who is receiving basic pay at a rate in excess of the maximum rate of his grade, there is no rate in the higher grade which is at least two step-increases above his existing rate of basic pay, he is entitled to—
(1) the maximum rate of the higher grade; or
(2) his existing rate of basic pay, if that rate is the higher.
If an employee so promoted or transferred is receiving basic pay at a rate saved to him under subchapter VI of this chapter on reduction in grade, he is entitled to—
(A) basic pay at a rate two steps above the rate which he would be receiving if subchapter VI of this chapter were not applicable to him; or
(B) his existing rate of basic pay, if that rate is the higher.
(c) An employee in the legislative branch who is paid by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, and who has completed two or more years of service as such an employee, and a Member of the Senate or House of Representatives who has completed two or more years of service as such a Member, may, on appointment to a position to which this subchapter applies, have his initial rate of pay fixed—
(1) at the minimum rate of the appropriate grade; or
(2) at a step of the appropriate grade that does not exceed the highest previous rate of pay received by him during that service in the legislative branch.
(d) The rate of pay established for a teaching position as defined by
(e) An employee of a county committee established pursuant to
(f) An employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) who moves, without a break in service of more than 3 days, to a position in the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter, may have such employee's initial rate of basic pay fixed at the minimum rate of the appropriate grade or at any step of such grade that does not exceed the highest previous rate of basic pay received by that employee during the employee's service described in section 2105(c). In the case of a nonappropriated fund employee who is moved involuntarily from such nonappropriated fund instrumentality without a break in service of more than 3 days and without substantial change in duties to a position that is subject to this subchapter, the employee's pay shall be set at a rate (not above the maximum for the grade, except as may be provided for under section 5365) that is not less than the employee's rate of basic pay under the nonappropriated fund instrumentality immediately prior to so moving.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)–(d) | Oct. 28, 1949, ch. 782, §802, |
|
Sept. 1, 1954, ch. 1208, §112 (as applicable to §802(b)), |
||
May 29, 1958, |
||
July 31, 1959, |
||
Oct. 11, 1962, |
||
(e) | July 17, 1959, |
In subsection (b), the words "under any provision of law" are omitted from the second sentence as unnecessary.
In subsection (e), the words "as defined by
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (a).
1997—Subsec. (d).
1996—Subsec. (c).
1993—Subsec. (c)(2).
Subsecs. (f), (g).
1990—Subsec. (g).
1986—Subsec. (e).
1984—Subsecs. (c)(2), (f).
1979—Subsec. (a).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d) to (f).
1968—Subsec. (a).
Subsec. (f).
1967—Subsec. (a).
Effective Date of 1997 Amendment
Section 1104(b) of
"(1) The amendment made by subsection (a) [amending this section] shall take effect 180 days after the date of the enactment of this Act [Nov. 18, 1997].
"(2) In the case of a person who is employed in a teaching position referred to in
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Section 504(a) of
Amendment by section 801(a)(2), (3)(F), (G) of
Amendment by section 906(a)(2) of
Effective Date of 1968 Amendment
Section 6 of
"(a) Sections 1–5 of this Act [amending this section,
"(b) References made by other laws, regulations, and orders to the laws restated by this Act are deemed to refer to the corresponding provisions of this Act.
"(c) Actions taken under the laws restated by this Act are deemed to have been taken under the corresponding provisions of this Act.
"(d) Sections 1(2) and 1(14) of this Act [amending
"(e) Sections 1(13)(B) and 1(17) of this Act [amending
Section Referred to in Other Sections
This section is referred to in title 40 App. section 109.
§5335. Periodic step-increases
(a) An employee paid on an annual basis, and occupying a permanent position within the scope of the General Schedule, who has not reached the maximum rate of pay for the grade in which his position is placed, shall be advanced in pay successively to the next higher rate within the grade at the beginning of the next pay period following the completion of—
(1) each 52 calendar weeks of service in pay rates 1, 2, and 3;
(2) each 104 calendar weeks of service in pay rates 4, 5, and 6; or
(3) each 156 calendar weeks of service in pay rates 7, 8, and 9;
subject to the following conditions:
(A) the employee did not receive an equivalent increase in pay from any cause during that period; and
(B) the work of the employee is of an acceptable level of competence as determined by the head of the agency.
(b) Under regulations prescribed by the Office of Personnel Management, the benefit of successive step-increases shall be preserved for employees whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency.
(c) When a determination is made under subsection (a) of this section that the work of an employee is not of an acceptable level of competence, the employee is entitled to prompt written notice of that determination and an opportunity for reconsideration of the determination within his agency under uniform procedures prescribed by the Office of Personnel Management. If the determination is affirmed on reconsideration, the employee is entitled to appeal to the Merit Systems Protection Board. If the reconsideration or appeal results in a reversal of the earlier determination, the new determination supersedes the earlier determination and is deemed to have been made as of the date of the earlier determination. The authority of the Office to prescribe procedures and the entitlement of the employee to appeal to the Board do not apply to a determination of acceptable level of competence made by the Librarian of Congress.
(d) An increase in pay granted by statute is not an equivalent increase in pay within the meaning of subsection (a) of this section.
(e) This section does not apply to the pay of an individual appointed by the President, by and with the advice and consent of the Senate.
(f) In computing periods of service under subsection (a) in the case of an employee who moves without a break in service of more than 3 days from a position under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) to a position under the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter, service under such instrumentality shall, under regulations prescribed by the Office, be deemed service in a position subject to this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)–(c) | Oct. 11, 1962, |
|
(d) | Oct. 11, 1962, |
In subsection (a), the words "General Schedule" are substituted for "compensation schedules fixed by this chapter" since the General Schedule is now the only compensation schedule in that chapter. The word "scheduled" is omitted since section 603 of the Act of Oct. 11, 1962,
In subsection (a)(B), the words "except a hearing examiner appointed under
Title VII (sections 701–705) of the Act of Oct. 28, 1949, ch. 782,
June 28, 1950, ch. 382, §2,
Sept. 30, 1950, ch. 1123, §§9, 10,
Oct. 24, 1951, ch. 554, §1(e),
Sept. 1, 1954, ch. 1208, §§102(a), 103(a), 112 (less applicability to §802(b)), 305(a),
June 28, 1955, ch. 189, §2(e),
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5335(c) | 5 App.: 1121(c). | Oct. 29, 1965, |
The word "officer" is omitted as included in "employee", and the word "agency" is substituted for "department" to conform to the definition in
Amendments
1993—Subsec. (e).
Subsecs. (f), (g).
1990—Subsec. (a)(B).
Subsec. (g).
1984—Subsec. (e).
Subsec. (f).
1979—Subsec. (a)(3)(B).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (e).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1990 Amendments
Amendment by
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Section 504(a) of
Amendment by section 906(a)(2), (8) of
Pay Increases Deemed Equivalent Increases in Pay
Section 5(a) of
Cross References
Administrative law judges—
Additional requirements imposed by statute or otherwise recognized by law not limited or repealed by subsec. (a)(B) of this section, see
Office of Personnel Management, investigations, reports, and regulations for purposes of subsec. (a)(B) of this section, see
Subsequent statutes to be held to supersede or modify subsec. (a)(B) of this section only to the extent that they do so expressly, see
Performance ratings, see
Section Referred to in Other Sections
This section is referred to in
§5336. Additional step-increases
(a) Within the limit of available appropriations and under regulations prescribed by the Office of Personnel Management, the head of each agency may grant additional step-increases in recognition of high quality performance above that ordinarily found in the type of position concerned. However, an employee is eligible under this section for only one additional step-increase within any 52-week period.
(b) A step-increase under this section is in addition to those under
(c) This section does not apply to the pay of an individual appointed by the President, by and with the advice and consent of the Senate.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a), (b) | Oct. 11, 1962, |
|
(c) | Oct. 11, 1962, |
For repeal of Title VII (sections 701–705) of the Act of Oct. 28, 1949, ch. 782,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1993—Subsec. (c).
1984—Subsec. (c).
1978—Subsec. (a).
Subsec. (c).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Effective Date of 1978 Amendment
Section 504(a) of
Amendment by section 906(a)(2) of
Cross References
Incentive awards, see
Performance ratings, see
Section Referred to in Other Sections
This section is referred to in title 13 section 24.
[§5337. Repealed. Pub. L. 95–454, title VIII, §801(a)(2), Oct. 13, 1978, 92 Stat. 1221 ]
Section,
Effective Date of Repeal
Repeal effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, and an employee receiving pay on day before such effective date not to have such pay reduced or terminated and, unless section 5362 applies, employee is entitled to continuation of such pay, etc., see section 801(a)(4) of
§5338. Regulations
The Office of Personnel Management may prescribe regulations necessary for the administration of this subchapter.
(
Historical and Revision Notes
The section is added on authority of former sections 1072 and 1072a, which are carried into section 5115.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
SUBCHAPTER IV—PREVAILING RATE SYSTEMS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5341. Policy
It is the policy of Congress that rates of pay of prevailing rate employees be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and be based on principles that—
(1) there will be equal pay for substantially equal work for all prevailing rate employees who are working under similar conditions of employment in all agencies within the same local wage area;
(2) there will be relative differences in pay within a local wage area when there are substantial or recognizable differences in duties, responsibilities, and qualification requirements among positions;
(3) the level of rates of pay will be maintained in line with prevailing levels for comparable work within a local wage area; and
(4) the level of rates of pay will be maintained so as to attract and retain qualified prevailing rate employees.
(Added
Prior Provisions
A prior section 5341,
Effective Date
Section 15(a) of
Repeals
Section 13 of
"(a) All laws or parts of laws inconsistent with this Act [see Effective Date note above] are hereby repealed to the extent of such inconsistency.
"(b) Subsection (a) of this section does not repeal or otherwise affect
Section Referred to in Other Sections
This section is referred to in title 10 section 1602; title 41 section 351.
§5342. Definitions; application
(a) For the purpose of this subchapter—
(1) "agency" means an Executive agency; but does not include—
(A) a Government controlled corporation;
(B) the Tennessee Valley Authority;
(C) the Virgin Islands Corporation;
(D) the Atomic Energy Commission;
(E) the Central Intelligence Agency;
(F) the National Security Agency, Department of Defense;
(G) the Bureau of Engraving and Printing, except for the purposes of
(H) the General Accounting Office; or 1
(J) 2 the Defense Intelligence Agency, Department of Defense; or
(K) the National Imagery and Mapping Agency, Department of Defense;
(2) "prevailing rate employee" means—
(A) an individual employed in or under an agency in a recognized trade or craft, or other skilled mechanical craft, or in an unskilled, semiskilled, or skilled manual labor occupation, and any other individual, including a foreman and a supervisor, in a position having trade, craft, or laboring experience and knowledge as the paramount requirement;
(B) an employee of a nonappropriated fund instrumentality described by
(C) an employee of the Veterans' Canteen Service, Department of Veterans Affairs, excepted from
(3) "position" means the work, consisting of duties and responsibilities, assignable to a prevailing rate employee.
(b)(1) Except as provided by paragraphs (2) and (3) of this subsection, this subchapter applies to all prevailing rate employees and positions in or under an agency.
(2) This subchapter does not apply to employees and positions described by
(A) paragraph (7) of that section to the extent that such paragraph (7) applies to employees and positions other than employees and positions of the Bureau of Engraving and Printing; and
(B) paragraph (14) of that section.
(3) This subchapter, except section 5348, does not apply to officers and members of crews of vessels excepted from
(c) Each prevailing rate employee employed within any of the several States or the District of Columbia shall be a United States citizen or a bona fide resident of one of the several States or the District of Columbia unless the Secretary of Labor certifies that no United States citizen or bona fide resident of one of the several States or the District of Columbia is available to fill the particular position.
(Added
Prior Provisions
A prior section 5342,
Provisions similar to those comprising subsec. (b) of this section were contained in
Amendments
1996—Subsec. (a)(1).
Subsec. (a)(1)(L).
1994—Subsec. (a)(1)(J) to (L).
1991—Subsec. (a)(2)(C).
1984—Subsec. (a)(1)(I) to (K).
1983—Subsec. (a)(1)(C) to (J).
1980—Subsec. (a)(1)(J).
1979—Subsec. (a)(1)(G).
Effective Date of 1996 Amendment
Amendment by section 1122(a)(1) of
Effective Date of 1983 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date
Section effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, except that in the case of employees referred to in subsec. (a)(2)(B) and (C) section effective on first day of first applicable pay period beginning on or after 180th day after Aug. 19, 1972, or on such earlier date (not earlier than 90th day after Aug. 19, 1972) as Civil Service Commission may prescribe, see section 15(a) of
Abolition of Atomic Energy Commission
Atomic Energy Commission abolished and functions transferred by
Dissolution of Virgin Islands Corporation
Virgin Islands Corporation established to have succession until June 30, 1969, unless sooner dissolved by Act of Congress, by act June 30, 1949, ch. 285,
Section Referred to in Other Sections
This section is referred to in
1 So in original. The word "or" probably should not appear.
2 So in original. Subsec. (a)(1) does not contain a subpar. (I).
§5343. Prevailing rate determinations; wage schedules; night differentials
(a) The pay of prevailing rate employees shall be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates. Subject to
(1) the Office of Personnel Management shall define, as appropriate—
(A) with respect to prevailing rate employees other than prevailing rate employees under paragraphs (B) and (C) of
(i) individual local wage areas for prevailing rate employees having regular wage schedules and rates; and
(ii) wage areas for prevailing rate employees having special wage schedules and rates;
(B) with respect to prevailing rate employees under paragraphs (B) and (C) of
(i) individual local wage areas for prevailing rate employees under such paragraphs having regular wage schedules and rates (but such boundaries shall not extend beyond the immediate locality in which the particular prevailing rate employees are employed); and
(ii) wage areas for prevailing rate employees under such paragraphs having special wage schedules and rates;
(2) the Office of Personnel Management shall designate a lead agency for each wage area;
(3) subject to paragraph (5) of this subsection, and subsections (c)(1)–(3) and (d) of this section, a lead agency shall conduct wage surveys, analyze wage survey data, and develop and establish appropriate wage schedules and rates for prevailing rate employees;
(4) the head of each agency having prevailing rate employees in a wage area shall apply, to the prevailing rate employees of that agency in that area, the wage schedules and rates established by the lead agency, or by the Office of Personnel Management, as appropriate, for prevailing rate employees in that area; and
(5) the Office of Personnel Management shall establish wage schedules and rates for prevailing rate employees who are United States citizens employed in any area which is outside the several States, the District of Columbia, the Commonwealth of Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.
(b) The Office of Personnel Management shall schedule full-scale wage surveys every 2 years and shall schedule interim surveys to be conducted between each 2 consecutive full-scale wage surveys. The Office may schedule more frequent surveys when conditions so suggest.
(c) The Office of Personnel Management, by regulation, shall prescribe practices and procedures for conducting wage surveys, analyzing wage survey data, developing and establishing wage schedules and rates, and administering the prevailing rate system. The regulations shall provide—
(1) that, subject to subsection (d) of this section, wages surveyed be those paid by private employers in the wage area for similar work performed by regular full-time employees, except that, for prevailing rate employees under paragraphs (B) and (C) of
(2) for participation at all levels by representatives of organizations accorded recognition as the representatives of prevailing rate employees in every phase of providing an equitable system for fixing and adjusting the rates of pay for prevailing rate employees, including the planning of the surveys, the drafting of specifications, the selection of data collectors, the collection and the analysis of the data, and the submission or recommendations to the head of the lead agency for wage schedules and rates and for special wage schedules and rates where appropriate;
(3) for requirements for the accomplishment of wage surveys and for the development of wage schedules and rates for prevailing rate employees, including, but not limited to—
(A) nonsupervisory and supervisory prevailing rate employees paid under regular wage schedules and rates;
(B) nonsupervisory and supervisory prevailing rate employees paid under special wage schedules and rates; and
(C) nonsupervisory and supervisory prevailing rate employees described under paragraphs (B) and (C) of
(4) for proper differentials, as determined by the Office, for duty involving unusually severe working conditions or unusually severe hazards;
(5) rules governing the administration of pay for individual employees on appointment, transfer, promotion, demotion, and other similar changes in employment status; and
(6) for a continuing program of maintenance and improvement designed to keep the prevailing rate system fully abreast of changing conditions, practices, and techniques both in and out of the Government of the United States.
(d)(1) A lead agency, in making a wage survey, shall determine whether there exists in the local wage area a number of comparable positions in private industry sufficient to establish wage schedules and rates for the principal types of positions for which the survey is made. The determination shall be in writing and shall take into consideration all relevant evidence, including evidence submitted by employee organizations recognized as representative of prevailing rate employees in that area.
(2) When the lead agency determines that there is a number of comparable positions in private industry insufficient to establish the wage schedules and rates, such agency shall—
(A) establish the wage schedules and rates to be applicable to prevailing rate employees other than prevailing rate employees of the Department of Defense on the basis of—
(i) local private industry rates; and
(ii) rates paid for comparable positions in private industry in the nearest wage area that such agency determines is most similar in the nature of its population, employment, manpower, and industry to the local wage area for which the wage survey is being made; and
(B) establish the wage schedules and rates to be applicable to prevailing rate employees of the Department of Defense only on the basis of local private industry rates.
(e)(1) Each grade of a regular wage schedule for nonsupervisor prevailing rate employees shall have 5 steps with—
(A) the first step at 96 percent of the prevailing rate;
(B) the second step at 100 percent of the prevailing rate;
(C) the third step at 104 percent of the prevailing rate;
(D) the fourth step at 108 percent of the prevailing rate; and
(E) the fifth step at 112 percent of the prevailing rate.
(2) A prevailing rate employee under a regular wage schedule who has a work performance rating of satisfactory or better, as determined by the head of the agency, shall advance automatically to the next higher step within the grade at the beginning of the first applicable pay period following his completion of—
(A) 26 calendar weeks of service in step 1;
(B) 78 calendar weeks of service in step 2; and
(C) 104 calendar weeks of service in each of steps 3 and 4.
(3) Under regulations prescribed by the Office of Personnel Management, the benefits of successive step increases shall be preserved for prevailing rate employees under a regular wage schedule whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency.
(4) Supervisory wage schedules and special wage schedules authorized under subsection (c)(3) of this section may have single or multiple rates or steps according to prevailing practices in the industry on which the schedule is based.
(f) A prevailing rate employee is entitled to pay at his scheduled rate plus a night differential—
(1) amounting to 7½ percent of that scheduled rate for regularly scheduled nonovertime work a majority of the hours of which occur between 3 p.m. and midnight; and
(2) amounting to 10 percent of that scheduled rate for regularly scheduled nonovertime work a majority of the hours of which occur between 11 p.m. and 8 a.m.
A night differential under this subsection is a part of basic pay.
(Added
Prior Provisions
A prior section 5343,
Provisions similar to those comprising part of first sentence of subsec. (c) and subsec. (d) of this section were contained in
Amendments
1996—Subsec. (a)(5).
1985—Subsec. (d)(2).
1979—Subsec. (a)(5).
1978—Subsecs. (a) to (c), (e)(3).
Effective Date of 1985 Amendment
Section 1242(b) of
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section other than subsec. (e)(1)(D), (E), (2)(C) of this section effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, and such subsec. (a)(1)(D), (E), (2)(C) not effective until first day of first pay period commencing after date on which President ceases to exercise his authority under Economic Stabilization Act of 1970 to stabilize wages and salaries, or Apr. 30, 1973, whichever occurs first, see section 15(a) of
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Limitation on Pay Adjustments for Prevailing Rate Employees and Crews of Vessels
"(a) Notwithstanding any other provision of law, and except as otherwise provided in this section, no part of any of the funds appropriated for fiscal year 2000, by this or any other Act, may be used to pay any prevailing rate employee described in
"(1) during the period from the date of expiration of the limitation imposed by section 614 of the Treasury and General Government Appropriations Act, 1999 [
"(2) during the period consisting of the remainder of fiscal year 2000, in an amount that exceeds, as a result of a wage survey adjustment, the rate payable under paragraph (1) by more than the sum of—
"(A) the percentage adjustment taking effect in fiscal year 2000 under
"(B) the difference between the overall average percentage of the locality-based comparability payments taking effect in fiscal year 2000 under section 5304 of such title (whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in fiscal year 1999 under such section.
"(b) Notwithstanding any other provision of law, no prevailing rate employee described in subparagraph (B) or (C) of
"(c) For the purposes of this section, the rates payable to an employee who is covered by this section and who is paid from a schedule not in existence on September 30, 1999, shall be determined under regulations prescribed by the Office of Personnel Management.
"(d) Notwithstanding any other provision of law, rates of premium pay for employees subject to this section may not be changed from the rates in effect on September 30, 1999, except to the extent determined by the Office of Personnel Management to be consistent with the purpose of this section.
"(e) This section shall apply with respect to pay for service performed after September 30, 1999.
"(f) For the purpose of administering any provision of law (including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires any deduction or contribution, or that imposes any requirement or limitation on the basis of a rate of salary or basic pay, the rate of salary or basic pay payable after the application of this section shall be treated as the rate of salary or basic pay.
"(g) Nothing in this section shall be considered to permit or require the payment to any employee covered by this section at a rate in excess of the rate that would be payable were this section not in effect.
"(h) The Office of Personnel Management may provide for exceptions to the limitations imposed by this section if the Office determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees."
Similar provisions were contained in the following prior acts:
Wage Rate for Certain Corps of Engineers Employees
"(a)
"(b)
"(c)
Employees of United States Corps of Engineers Paid From Corps of Engineers Special Power Rate Schedules; Consistency of Wages With Wages of Energy and Interior Department Employees
Negotiating Requirements for Labor Contracts, Etc., On and After October 13, 1978, and Negotiated Under Prevailing Rates and Practices Prior to August 19, 1972
Section 704 of
"(a) Those terms and conditions of employment and other employment benefits with respect to Government prevailing rate employees to whom section 9(b) of
"(b) The pay and pay practices relating to employees referred to in paragraph (1) of this subsection shall be negotiated in accordance with prevailing rates and pay practices without regard to any provision of—
"(A)
"(B) subchapter IV of
"(C) any rule, regulation, decision, or order relating to rates of pay or pay practices under subchapter IV of
Conversion Rules for Wage Schedule; Service for One Step Increase; Prohibition of Decrease in Basic Pay Rate; Retained Pay Continued
Section 9(a) of
"(1) Except as provided by this subsection, an employee's initial rate of pay on conversion to a wage schedule established pursuant to the amendments made by this Act [see Effective Date note under
"(2) In the case of any employee described in
Labor Contracts Pertaining to Wages, Terms and Conditions of Employment, and Other Employment Benefits
Section 9(b) of
"(1) abrogate, modify, or otherwise affect in any way the provisions of any contract in effect on the date of enactment of this Act [Aug. 19, 1972] pertaining to the wages, the terms and conditions of employment, and other employment benefits, or any of the foregoing matters, for Government prevailing rate employees and resulting from negotiations between Government agencies and organizations of Government employees;
"(2) nullify, curtail, or otherwise impair in any way the right of any party to such contract to enter into negotiations after the date of enactment of this Act [Aug. 19, 1972] for the renewal, extension, modification, or improvement of the provisions of such contract or for the replacement of such contract with a new contract; or
"(3) nullify, change, or otherwise affect in any way after such date of enactment [Aug. 19, 1972] any agreement, arrangement, or understanding in effect on such date [Aug. 19, 1972] with respect to the various items of subject matter of the negotiations on which any such contract in effect on such date [Aug. 19, 1972] is based or prevent the inclusion of such items of subject matter in connection with the renegotiation of any such contract, or the replacement of such contract with a new contract, after such date [Aug. 19, 1972]."
Wage Survey
Section 15(b) of
Equitable Wage Adjustments for Certain Prevailing Rate Employees
"
"(1) if based on a wage survey ordered to be made on or after August 15, 1971, but not placed into effect before November 14, 1971, by reason of the provisions of Executive Order 11615 or Executive Order 11627 [formerly set out as notes under
"(2) if based on a wage survey which had been scheduled to be made during the period beginning on September 1, 1971, and ending on January 12, 1972, and which was ordered to be made on or after January 23, 1972;
shall be effective on the date on which such wage schedule adjustment would have been effective under
"(b) Retroactive pay made under the provisions of this section will be made in accordance with
Section Referred to in Other Sections
This section is referred to in
§5344. Effective date of wage increase; retroactive pay
(a) Each increase in rates of basic pay granted, pursuant to a wage survey, to prevailing rate employees is effective not later than the first day of the first pay period which begins on or after the 45th day, excluding Saturdays and Sundays, following the date the wage survey is ordered to be made.
(b) Retroactive pay is payable by reason of an increase in rates of basic pay referred to in subsection (a) of this section only when—
(1) the individual is in the service of the Government of the United States, including service in the armed forces, or the government of the District of Columbia on the date of the issuance of the order granting the increase; or
(2) the individual retired or died during the period beginning on the effective date of the increase and ending on the date of issuance of the order granting the increase, and only for services performed during that period.
For the purpose of this subsection, service in the armed forces includes the period provided by statute for the mandatory restoration of the individual to a position in or under the Government of the United States or the government of the District of Columbia after he is relieved from training and service in the armed forces or discharged from hospitalization following that training and service.
(Added
Prior Provisions
Provisions similar to those comprising subsec. (a) of this section were contained in
Cross References
Settlement of accounts, money due as including retroactive pay under subsec. (a)(2) of this section, see
Section Referred to in Other Sections
This section is referred to in
[§5345. Repealed. Pub. L. 95–454, title VIII, §801(a)(2), Oct. 13, 1978, 92 Stat. 1221 ]
Section, added
A prior section 5345, added
Effective Date of Repeal
Repeal effective on first day of first applicable pay period beginning on or after 90th day after Oct. 13, 1978, and an employee receiving pay on day before such effective date not to have such pay reduced or terminated and, unless section 5362 applies, employee is entitled to continuation of such pay, etc., see section 801(a)(4) of
§5346. Job grading system
(a) The Office of Personnel Management, after consulting with the agencies and with employee organizations, shall establish and maintain a job grading system for positions to which this subchapter applies. In carrying out this subsection, the Office shall—
(1) establish the basic occupational alinement and grade structure or structures for the job grading system;
(2) establish and define individual occupations and the boundaries of each occupation;
(3) establish job titles within occupations;
(4) develop and publish job grading standards; and
(5) provide a method to assure consistency in the application of job standards.
(b) The Office, from time to time, shall review such numbers of positions in each agency as will enable the Office to determine whether the agency is placing positions in occupations and grades in conformance with or consistently with published job standards. When the Office finds that a position is not placed in its proper occupation and grade in conformance with published standards or that a position for which there is no published standard is not placed in the occupation and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate occupation and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
(c) On application, made in accordance with regulations prescribed by the Office, by a prevailing rate employee for the review of the action of an employing agency in placing his position in an occupation and grade for pay purposes, the Office shall—
(1) ascertain currently the facts as to the duties, responsibilities, and qualification requirements of the position;
(2) decide whether the position has been placed in the proper occupation and grade; and
(3) approve, disapprove, or modify, in accordance with its decision, the action of the employing agency in placing the position in an occupation and grade.
The Office shall certify to the agency concerned its action under paragraph (3) of this subsection. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials.
(Added
Amendments
1978—Subsecs. (a) to (c).
1972—Subsecs. (a), (b).
Subsec. (c).
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5347. Federal Prevailing Rate Advisory Committee
(a) There is established a Federal Prevailing Rate Advisory Committee composed of—
(1) the Chairman, who shall not hold any other office or position in the Government of the United States or the government of the District of Columbia, and who shall be appointed by the Director of the Office of Personnel Management for a 4-year term;
(2) one member from the Office of the Secretary of Defense, designated by the Secretary of Defense;
(3) two members from the military departments, designated by the Director of the Office of Personnel Management;
(4) one member, designated by the Director of the Office of Personnel Management from time to time from an agency (other than the Department of Defense, a military department, and the Office of Personnel Management);
(5) an employee of the Office of Personnel Management, designated by the Director of the Office of Personnel Management; and
(6) five members, designated by the Director of the Office of Personnel Management, from among the employee organizations representing, under exclusive recognition of the Government of the United States, the largest numbers of prevailing rate employees.
(b) In designating members from among employee organizations under subsection (a)(6) of this section, the Director of the Office of Personnel Management shall designate, as nearly as practicable, a number of members from a particular employee organization in the same proportion to the total number of employee representatives appointed to the Committee under subsection (a)(6) of this section as the number of prevailing rate employees represented by such organization is to the total number of prevailing rate employees. However, there shall not be more than two members from any one employee organization nor more than four members from a single council, federation, alliance, association, or affiliation of employee organizations.
(c) Every 2 years the Director of the Office of Personnel Management shall review employee organization representation to determine adequate or proportional representation under the guidelines of subsection (b) of this section.
(d) The members from the employee organizations serve at the pleasure of the Director of the Office of Personnel Management.
(e) The Committee shall study the prevailing rate system and other matters pertinent to the establishment of prevailing rates under this subchapter and, from time to time, advise the Office of Personnel Management thereon. Conclusions and recommendations of the Committee shall be formulated by majority vote. The Chairman of the Committee may vote only to break a tie vote of the Committee.
(f) The Committee shall meet at the call of the Chairman. However, a special meeting shall be called by the Chairman if 5 members make a written request to the Chairman to call a special meeting to consider matters within the purview of the Committee.
(g)(1) Except as provided in paragraph (2), members of the Committee described in paragraphs (2)–(5) of subsection (a) of this section serve without additional pay. Members who represent employee organizations are not entitled to pay from the Government of the United States for services rendered to the Committee.
(2) The position of Chairman shall be considered to be a Senior Executive Service position within the meaning of section 3132(a), and shall be subject to all provisions of this title relating to Senior Executive Service positions, including section 5383.
(h) The Office of Personnel Management shall provide such clerical and professional personnel as the Chairman of the Committee considers appropriate and necessary to carry out its functions under this subchapter. Such personnel shall be responsible to the Chairman of the Committee.
(Added
Amendments
1995—Subsec. (e).
1992—Subsec. (g).
1979—Subsec. (e).
1978—Subsecs. (a) to (e), (h).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of
Section Referred to in Other Sections
This section is referred to in
§5348. Crews of vessels
(a) Except as provided by subsection (b) of this section, the pay of officers and members of crews of vessels excepted from
(b) Vessel employees in an area where inadequate maritime industry practice exists and vessel employees of the Corps of Engineers shall have their pay fixed and adjusted under the provisions of this subchapter other than this section, as appropriate.
(
Amendments
1996—Subsec. (a).
Subsecs. (b), (c).
1979—Subsec. (b).
1972—Subsec. (a).
Subsec. (c).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Limitation on Pay Adjustments
For provisions limiting the adjustment of salary or basic pay of employees covered by this section, see provisions set out as notes under
Section Referred to in Other Sections
This section is referred to in
§5349. Prevailing rate employees; legislative, judicial, Bureau of Engraving and Printing, and government of the District of Columbia
(a) The pay of employees, described under
(b) Subsection (a) of this section does not modify or otherwise affect
(Added
Prior Provisions
Provisions similar to those comprising subsec. (a) of this section were contained in
Amendments
1990—Subsec. (a).
1988—Subsec. (a).
1982—Subsec. (b).
1978—Subsec. (a).
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER V—STUDENT-EMPLOYEES
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5351. Definitions
For the purpose of this subchapter—
(1) "agency" means an Executive agency, a military department, and the government of the District of Columbia; and
(2) "student-employee" means—
(A) a student nurse, medical or dental intern, resident-in-training, student dietitian, student physical therapist, and student occupational therapist, assigned or attached to a hospital, clinic, or medical or dental laboratory operated by an agency; and
(B) any other student-employee, assigned or attached primarily for training purposes to a hospital, clinic, or medical or dental laboratory operated by an agency, who is designated by the head of the agency with the approval of the Office of Personnel Management.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 4, 1947, ch. 452, §2, |
The section is restated in definition form. In paragraph (1), the words "an Executive agency, a military department" are coextensive with and substituted for "department, agency, or instrumentality of the Federal Government" in view of the definitions in sections 105 and 102.
The exception from the Classification Act of 1923, as amended, is omitted as obsolete and superseded by the Classification Act of 1949, as amended, which is carried into this title. The present exception from the Classification Act of 1949, as amended, is carried into section 5102(c)(16).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Par. (2)(B).
Effective Date of 1978 Amendment
Amendment by
Cross References
Premium pay employee, exclusion of student-employee, see
Retirement, creditable service of student-employees as defined by this section, see
Student employees covered by program of compensation for work injuries suffered by government employees, see
Section Referred to in Other Sections
This section is referred to in
§5352. Stipends
The head of each agency, and the District of Columbia Council with respect to the government of the District of Columbia, shall fix the stipends of its student-employees. The stipend may not exceed the applicable maximum prescribed by the Office of Personnel Management.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 4, 1947, ch. 452, §3 (1st sentence), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
1968—
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Transfer of Functions
District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by
§5353. Quarters, subsistence, and laundry
An agency may provide living quarters, subsistence, and laundering to student-employees while at the hospitals, clinics, or laboratories. The reasonable value of the accommodations, when furnished, shall be deducted from the stipend of the student-employee. The head of the agency concerned, and the District of Columbia Council with respect to the government of the District of Columbia, shall fix the reasonable value of the accommodations at an amount not less than the lowest deduction applicable to regular employees at the same hospital, clinic, or laboratory for similar accommodations.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 4, 1947, ch. 452, §3 (less 1st sentence), |
The section is restated for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1968—
Effective Date of 1968 Amendment
Amendment by
Transfer of Functions
District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by
§5354. Effect of detail or affiliation; travel expenses
(a) Status as a student-employee is not terminated by a temporary detail to, or affiliation with another Government or non-Government institution to procure necessary supplementary training or experience pursuant to an order of the head of the agency. A student-employee may receive his stipend and other perquisites provided under this subchapter from the hospital, clinic, or laboratory to which he is assigned or attached for not more than 60 days of a detail or affiliation for each training year, as defined by the head of the agency.
(b) When the detail or affiliation under subsection (a) of this section is to or with another Federal institution, the student-employee is entitled to necessary expenses of travel to and from the institution in accordance with subchapter I of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 4, 1947, ch. 452, §6, |
In subsection (b), the reference to "subchapter I of
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5355. Effect on other statutes
This subchapter does not limit the authority conferred on the Secretary of Veterans Affairs by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 4, 1947, ch. 452, §8, |
||
June 17, 1957, |
||
Sept. 2, 1958, |
The prohibition is restated in positive form.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1991—
§5356. Appropriations
Funds appropriated to an agency for expenses of its hospitals, clinics, and laboratories to which student-employees are assigned or attached are available to carry out the provisions of this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 4, 1947, ch. 452, §9, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
SUBCHAPTER VI—GRADE AND PAY RETENTION
Prior Provisions
A prior subchapter VI was renumbered VII by
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5361. Definitions
For the purpose of this subchapter—
(1) "employee" means an employee to whom
(2) "agency" has the meaning given it by
(3) "retained grade" means the grade used for determining benefits to which an employee to whom
(4) "rate of basic pay" means, in the case of a prevailing rate employee, the scheduled rate of pay determined under
(5) "covered pay schedule" means the General Schedule, any prevailing rate schedule established under subchapter IV of this chapter, or a special occupational pay system under subchapter IX;
(6) "position subject to this subchapter" means any position under a covered pay schedule; and
(7) "reduction-in-force procedures" means procedures applied in carrying out any reduction in force due to a reorganization, due to lack of funds or curtailment of work, or due to any other factor.
(Added
Prior Provisions
A prior section 5361,
Amendments
1993—Par. (5).
1990—Par. (5).
1984—Par. (5).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Effective Date
Section 801(a)(4) of
"(A) The amendments made by this subsection [enacting
"(B) An employee who was receiving pay under the provisions of
Section Referred to in Other Sections
This section is referred to in
§5362. Grade retention following a change of positions or reclassification
(a) Any employee—
(1) who is placed as a result of reduction-in-force procedures from a position subject to this subchapter to another position which is subject to this subchapter and which is in a lower grade than the previous position, and
(2) who has served for 52 consecutive weeks or more in one or more positions subject to this subchapter at a grade or grades higher than that of the new position,
is entitled, to the extent provided in subsection (c) of this section, to have the grade of the position held immediately before such placement be considered to be the retained grade of the employee in any position he holds for the 2-year period beginning on the date of such placement.
(b)(1) Any employee who is in a position subject to this subchapter and whose position has been reduced in grade is entitled, to the extent provided in subsection (c) of this section, to have the grade of such position before reduction be treated as the retained grade of such employee for the 2-year period beginning on the date of the reduction in grade.
(2) The provisions of paragraph (1) of this subsection shall not apply with respect to any reduction in the grade of a position which had not been classified at the higher grade for a continuous period of at least one year immediately before such reduction.
(c) For the 2-year period referred to in subsections (a) and (b) of this section, the retained grade of an employee under such subsection (a) or (b) shall be treated as the grade of the employee's position for all purposes (including pay and pay administration under this chapter and
(1) for purposes of subsection (a) of this section,
(2) for purposes of applying any reduction-in-force procedures, or
(3) for such other purposes as the Office of Personnel Management may provide by regulation.
(d) The foregoing provisions of this section shall cease to apply to an employee who—
(1) has a break in service of one workday or more;
(2) is demoted (determined without regard to this section) for personal cause or at the employee's request;
(3) is placed in, or declines a reasonable offer of, a position the grade of which is equal to or higher than the retained grade; or
(4) elects in writing to have the benefits of this section terminate.
(Added
Prior Provisions
A prior section 5362,
Amendments
1993—Subsec. (c).
1984—Subsec. (c)(3).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Additional Pay and Benefits for Employees Reduced in Grade On or After January 1, 1977, Etc.
Section 801(b) of
"(1) Under regulations prescribed by the Office of Personnel Management, any employee—
"(A) whose grade was reduced on or after January 1, 1977, and before the effective date of the amendments made by subsection (a) of this section [see Effective Date note set out under
"(B) who has remained employed by the Federal Government from the date of the reduction in grade to the effective date of the amendments made by subsection (a) of this section without a break in service of one workday or more;
shall be entitled—
"(i) to receive the additional pay and benefits which such employee would have been entitled to receive if the amendments made by subsection (a) of this section had been in effect during the period beginning on the effective date of such reduction in grade and ending on the day before the effective date of such amendments, and
"(ii) to have the amendments made by subsection (a), of this section apply to such employee as if the reduction in grade had occurred on the effective date of such amendments.
"(2) No employee covered by this subsection whose reduction in grade resulted in an increase in pay shall have such pay reduced by reason of the amendments made by subsection (a) of this section.
"(3)(A) For purposes of this subsection, the requirements under paragraph (1)(B) of this subsection, relating to continuous employment following reduction in grade, shall be considered to be met in the case of any employee—
"(i) who separated from service with a right to an immediate annuity under
"(ii) who died.
"(B) Amounts payable by reason of subparagraph (A) of this paragraph in the case of the death of an employee shall be paid in accordance with the provisions of subchapter VIII of
"(4) The Office of Personnel Management shall have the same authority to prescribe regulations under this subsection as it has under
Section Referred to in Other Sections
This section is referred to in
§5363. Pay retention
(a) Any employee—
(1) who ceases to be entitled to the benefits of
(2) who is in a position subject to this subchapter and who is subject to a reduction or termination of a special rate of pay established under
(3) who is in a position subject to this subchapter and who (but for this section) would be subject to a reduction in pay under circumstances prescribed by the Office of Personnel Management by regulation to warrant the application of this section; or
(4) who is in a position subject to this subchapter and who is subject to a reduction or termination of a rate of pay established under subchapter IX of
is entitled to basic pay at a rate equal to (A) the employee's allowable former rate of basic pay, plus (B) 50 percent of the amount of each increase in the maximum rate of basic pay payable for the grade of the employee's position immediately after such reduction in pay if such allowable former rate exceeds such maximum rate for such grade.
(b) For the purpose of subsection (a) of this section, "allowable former rate of basic pay" means the lower of—
(1) the rate of basic pay payable to the employee immediately before the reduction in pay; or
(2) 150 percent of the maximum rate of basic pay payable for the grade of the employee's position immediately after such reduction in pay.
(c) The preceding provisions of this section shall cease to apply to an employee who—
(1) has a break in service of one workday or more;
(2) is entitled by operation of this subchapter or
(3) is demoted for personal cause or at the employee's request.
(Added
Prior Provisions
A prior section 5363,
Amendments
1993—Subsec. (c)(2).
1990—Subsec. (a)(2) to (4).
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5364. Remedial actions
Under regulations prescribed by the Office of Personnel Management, the Office may require any agency—
(1) to report to the Office information with respect to vacancies (including impending vacancies);
(2) to take such steps as may be appropriate to assure employees receiving benefits under
(3) to establish a program under which employees receiving benefits under
(4) to place certain employees, notwithstanding the fact their previous position was in a different agency, but only in circumstances in which the Office determines the exercise of such authority is necessary to carry out the purpose of this section.
(Added
Prior Provisions
A prior section 5364,
§5365. Regulations
(a) The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
(b) Under such regulations, the Office may provide for the application of all or portions of the provisions of this subchapter—
(1) to any individual reduced to a grade of a covered pay schedule from a position not subject to this subchapter;
(2) to individuals to whom such provisions do not otherwise apply; and
(3) to situations the application to which is justified for purposes of carrying out the mission of the agency or agencies involved.
Individuals with respect to whom authority under paragraph (2) may be exercised include individuals who are moved without a break in service of more than 3 days from employment in nonappropriated fund instrumentalities of the Department of Defense or the Coast Guard described in section 2105(c) to employment in the Department of Defense or the Coast Guard, respectively, that is not described in section 2105(c).
(Added
Prior Provisions
A prior section 5365, added
Amendments
1990—Subsec. (b).
Effective Date of 1990 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5366. Appeals
(a)(1) In the case of the termination of any benefits available to an employee under this subchapter on the grounds such employee declined a reasonable offer of a position the grade or pay of which was equal to or greater than his retained grade or pay, such termination may be appealed to the Office of Personnel Management under procedures prescribed by the Office.
(2) Nothing in this subchapter shall be construed to affect the right of any employee to appeal—
(A) under
(B) under procedures prescribed by the Office of Personnel Management, any reduction-in-force action.
(b) For purposes of any appeal procedures (other than those described in subsection (a) of this section) or any grievance procedure negotiated under the provisions of
(1) any action which is the basis of an individual's entitlement to benefits under this subchapter, and
(2) any termination of any such benefits under this subchapter,
shall not be treated as appealable under such appeals procedures or grievable under such grievance procedure.
(Added
SUBCHAPTER VII—MISCELLANEOUS PROVISIONS
Amendments
1978—
Subchapter Referred to in Other Sections
This subchapter is referred to in title 42 section 1320a–4.
§5371. Health care positions
(a) For the purposes of this section, "health care" means direct patient-care services or services incident to direct patient-care services.
(b) The Office of Personnel Management may, with respect to any employee described in subsection (c), provide that 1 or more provisions of
(1) in lieu of any provision of
(2) notwithstanding any lack of specific authority for a matter with respect to which
(c) Authority under subsection (b) may be exercised with respect to any employee holding a position—
(1) to which
(2) which involves health care responsibilities.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 4, 1961, Oct. 11, 1962, |
The authority to fix rates of pay is added on authority of former section 1161, which is carried into section 3104.
For repeal of the Act of Aug. 1, 1947, ch. 433,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1992—Subsec. (b).
1990—
1978—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by section 906(a)(2) of
Cross References
Annual reports by agency heads covering positions for scientific and professional personnel, see
Section Referred to in Other Sections
This section is referred to in
§5372. Administrative law judges
(a) For the purposes of this section, the term "administrative law judge" means an administrative law judge appointed under section 3105.
(b)(1)(A) There shall be 3 levels of basic pay for administrative law judges (designated as AL–1, 2, and 3, respectively), and each such judge shall be paid at 1 of those levels, in accordance with the provisions of this section.
(B) Within level AL–3, there shall be 6 rates of basic pay, designated as AL–3, rates A through F, respectively. Level AL–2 and level AL–1 shall each have 1 rate of basic pay.
(C) The rate of basic pay for AL–3, rate A, may not be less than 65 percent of the rate of basic pay for level IV of the Executive Schedule, and the rate of basic pay for AL–1 may not exceed the rate for level IV of the Executive Schedule.
(2) The Office of Personnel Management shall determine, in accordance with procedures which the Office shall by regulation prescribe, the level in which each administrative-law-judge position shall be placed and the qualifications to be required for appointment to each level.
(3)(A) Upon appointment to a position in AL–3, an administrative law judge shall be paid at rate A of AL–3, and shall be advanced successively to rates B, C, and D of that level at the beginning of the next pay period following completion of 52 weeks of service in the next lower rate, and to rates E and F of that level at the beginning of the next pay period following completion of 104 weeks of service in the next lower rate.
(B) The Office of Personnel Management may provide for appointment of an administrative law judge in AL–3 at an advanced rate under such circumstances as the Office may determine appropriate.
(4) Subject to paragraph (1), 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 basic pay under the General Schedule, each rate of basic pay for administrative law judges shall be adjusted by an amount determined by the President to be appropriate.
(c) The Office of Personnel Management shall prescribe regulations necessary to administer this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 11, 1946, ch. 324, §11 (3d sentence), |
The exception from the operation of the efficiency rating system is omitted as covered by sections 4301(2)(E) and 5335(a)(B). The reference to "subchapter III of this chapter and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Level IV of the Executive Schedule, referred to in subsec. (b)(1)(C), is set out in
The General Schedule, referred to in subsec. (b)(4), is set out under
Amendments
1999—Subsec. (b)(1).
AL–3, rate A | 65 percent of the rate of basic pay for level IV of the Executive Schedule. |
AL–3, rate B | 70 percent of the rate of basic pay for level IV of the Executive Schedule. |
AL–3, rate C | 75 percent of the rate of basic pay for level IV of the Executive Schedule. |
AL–3, rate D | 80 percent of the rate of basic pay for level IV of the Executive Schedule. |
AL–3, rate E | 85 percent of the rate of basic pay for level IV of the Executive Schedule. |
AL–3, rate F | 90 percent of the rate of basic pay for level IV of the Executive Schedule. |
AL–2 | 95 percent of the rate of basic pay for level IV of the Executive Schedule. |
AL–1 | The rate of basic pay for level IV of the Executive Schedule." |
Subsec. (b)(1)(B), (C).
Subsec. (b)(3)(A).
Subsec. (b)(4).
1992—Subsec. (c).
1990—
1978—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by section 906(a)(2) of
Conversion Rule for Administrative Law Judges
Section 529 [title I, §104(e)] of
Pay Increases
2000—The President, under Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
Cross References
Additional requirements imposed by statute or otherwise recognized by law not limited or repealed by this section, see
Subsequent statutes to be held to supersede or modify this section only to the extent that they do so expressly, see
Section Referred to in Other Sections
This section is referred to in
§5372a. Contract appeals board members
(a) For the purpose of this section—
(1) the term "contract appeals board member" means a member of an agency board of contract appeals appointed under section 8 of the Contract Disputes Act of 1978; and
(2) the term "appeals board" means an agency board of contract appeals established pursuant to section 8 of the Contract Disputes Act of 1978.
(b) Rates of basic pay for contract appeals board members shall be as follows:
(1) Chairman of an appeals board—the rate of basic pay payable for level IV of the Executive Schedule.
(2) Vice chairman of an appeals board—97 percent of the rate under paragraph (1).
(3) Other members of an appeals board—94 percent of the rate under paragraph (1).
(c) Rates of pay taking effect under this section shall be printed in the Federal Register and the Code of Federal Regulations.
(Added
References in Text
Section 8 of the Contract Disputes Act of 1978, referred to in subsec. (a), is classified to
Level IV of the Executive Schedule, referred to in subsec. (b)(1), is set out in
Effective Date
Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of
Section Referred to in Other Sections
This section is referred to in
§5373. Limitation on pay fixed by administrative action
(a) Except as provided in subsection (b) and by the Government Employees Salary Reform Act of 1964 (
(1)
(2)
(3)
(b) Subsection (a) shall not affect the authority of the Secretary of Defense or the Secretary of a military department to fix the pay of a civilian employee paid from nonappropriated funds, except that the annual rate of basic pay (including any portion of such pay attributable to comparability with private-sector pay in a locality) of such an employee may not be fixed at a rate greater than the rate for level III of the Executive Schedule.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 14, 1964, Oct. 6, 1964, |
The words "head of an Executive agency or military department" are coextensive with and substituted for "head of any executive department, independent establishment, or agency in the executive branch" because of the definitions in sections 102 and 105.
Standard changes are made to conform to the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The Government Employees Salary Reform Act of 1964 (
Level IV of the Executive Schedule, referred to in subsec. (a), is set out in
Section 206 of the Bank Conservation Act, referred to in subsec. (a)(1), is classified to
Sections 2B(b) and 21A(e)(4) of the Federal Home Loan Bank Act, referred to in subsec. (a)(1), are classified to sections 1422b(b) and 1441a(e)(4), respectively, of Title 12, Banks and Banking.
Section 2A(i) of the Home Owners' Loan Act, referred to in subsec. (a)(1), probably should be a reference to section 3(g) of the Home Owners' Loan Act, act June 13, 1933, ch. 64, as amended by
Sections 5.11 and 5.58 of the Farm Credit Act of 1971, referred to in subsec. (a)(1), are classified to sections 2245 and 2277a–7, respectively, of Title 12, Banks and Banking.
Level III of the Executive Schedule, referred to in subsec. (b), is set out in
Amendments
1999—
1996—
1990—
1989—Par. (2).
1979—Par. (1).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Cross References
Secretary of Defense authorized to prescribe salary schedules for civilian faculty and staff of Uniformed Services University of the Health Sciences so as to place employees of the University on a comparable basis with employees of fully accredited schools of the health professions in vicinity of District of Columbia, see
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§5374. Miscellaneous positions in the executive branch
The head of the agency concerned shall fix the annual rate of basic pay for each position in the executive branch specifically referred to in, or covered by, a conforming change in statute made by section 305 of the Government Employees Salary Reform Act of 1964 (
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 14, 1964, |
The word "office" is omitted as included in "position". The words "before August 14, 1964" are substituted for "prior to the date of enactment of this Act". The words "pursuant to section 303 of this Act" are omitted as surplusage.
Standard changes are made to conform to the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 305 of the Government Employees Salary Reform Act of 1964, referred to in text, means section 305 of
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by section 906(a)(2) of
§5375. Police force of the National Zoological Park
The Secretary of the Smithsonian Institution shall fix the annual rates of basic pay for positions on the police force of the National Zoological Park as follows:
(1) Private, not more than the maximum annual rate of basic pay payable for grade GS–7 of the General Schedule.
(2) Sergeant, not more than the maximum annual rate of basic pay payable for grade GS–8 of the General Schedule.
(3) Lieutenant, not more than the maximum annual rate of basic pay payable for grade GS–9 of the General Schedule.
(4) Captain, not more than the maximum annual rate of basic pay payable for grade GS–10 of the General Schedule.
(Added
References in Text
General Schedule, referred to in text, is set out under
Amendments
1992—Par. (2).
1990—
"(1) Private—not more than the rate for GS–7, Step 5;
"(2) Sergeant—not more than the rate for GS–8, Step 5;
"(3) Lieutenant—not more than the rate for GS–9, Step 5;
"(4) Captain—not more than the rate for GS–10, Step 5."
1975—
Effective Date of 1990 Amendment
Section 2 of
Effective Date
Section 3(a) of
Reduction of Basic Pay Rate
Section 3(b) of
Section Referred to in Other Sections
This section is referred to in
§5376. Pay for certain senior-level positions
(a) This section applies to—
(1) positions that are classified above GS–15 pursuant to section 5108; and
(2) scientific or professional positions established under section 3104;
but does not apply to—
(A) any Senior Executive Service position under section 3132; or
(B) any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section 3151.
(b)(1) Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be—
(A) not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and
(B) not greater than the rate of basic pay payable for level IV of the Executive Schedule.
The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section 5306(e) or 5373.
(2) Subject to paragraph (1), 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 for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.
(Added
References in Text
The General Schedule, referred to in subsec. (b), is set out under
Level IV of the Executive Schedule, referred to in subsec. (b)(1)(B), is set out in
Effective Date
Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of
References in Other Laws to GS–16, 17, or 18 Pay Rates; Regulations
Section 529 [title I, §101(c), (d)] of
"(c)
"(1) any reference in a provision of law (which is outside
"(A)(i) to the rate of pay for grade GS–18 of the General Schedule, or to the maximum rate of pay under the General Schedule, shall be considered a reference to the maximum rate payable under section 5376 of such title (as amended by section 102(a));
"(ii) to the minimum rate of pay for grade GS–16 of the General Schedule shall be considered a reference to the minimum rate payable under section 5376 of such title (as amended by section 102(a)); and
"(iii) to a rate of pay for grade GS–16 or 17 of the General Schedule shall (except as provided in clause (ii)) be considered a reference to a rate of pay for a position classified above GS–15 pursuant to section 5108 of such title (as amended by section 102(b)(2)); and
"(B) to a rate of pay under the General Schedule shall not include any comparability payment payable under section 5304 of such title (as amended by this section) or any geographic adjustment payable under section 302 [section 529 [title III, §302] of
"(2) any authority granted by a provision of law (which is outside such title, and in effect immediately before this section takes effect) to fix pay in accordance with
"(A) shall not be considered to include any authority under section 5304 of such title (as amended by this section) or section 302; but
"(B) shall be considered to include authority under section 5376 of such title (as amended by section 102(a)), if applicable.
"(d)
Section Referred to in Other Sections
This section is referred to in
§5377. Pay authority for critical positions
(a) For the purpose of this section—
(1) the term "agency" has the meaning given it by section 5102; and
(2) the term "position" means—
(A) a position to which
(B) a position under the Executive Schedule under sections 5312–5317;
(C) a position to which section 5372 applies (or would apply, but for this section);
(D) a position to which section 5372a applies (or would apply, but for this section);
(E) a position established under section 3104; and
(F) a position in a category as to which a designation is in effect under subsection (i).
(b) Authority under this section—
(1) may be granted or exercised only with respect to a position—
(A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and
(B) which is critical to the agency's successful accomplishment of an important mission; and
(2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position.
(c) The Office of Management and Budget, in consultation with the Office of Personnel Management, may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section.
(d)(1) The rate of basic pay fixed under this section by an agency head may not be less than the rate of basic pay (including any comparability payments) which would then otherwise be payable for the position involved if this section had never been enacted.
(2) Basic pay may not be fixed under this section at a rate greater than the rate payable for level I of the Executive Schedule, except upon written approval of the President.
(e) The authority to fix the rate of basic pay under this section for a position shall terminate—
(1) whenever the Office of Management and Budget determines (in accordance with such procedures and subject to such terms or conditions as such Office by regulation prescribes) that 1 or more of the requirements of subsection (b) are no longer met; or
(2) as of such date as such Office may otherwise specify, except that termination under this paragraph may not take effect before the authority has been available for such position for at least 1 calendar year.
(f) The Office of Management and Budget may not authorize the exercise of authority under this section with respect to more than 800 positions at any time, of which not more than 30 may, at any such time, be positions the rate of basic pay for which would otherwise be determined under subchapter II.
(g) The Office of Management and Budget shall consult with the Office of Personnel Management before prescribing regulations under this section or making any decision to grant or terminate any authority under this section.
(h) The Office of Management and Budget shall report to the Committee on Post Office and Civil Service of the House of Representatives and the Committee on Governmental Affairs of the Senate each year, in writing, on the operation of this section. Each report under this subsection shall include—
(1) the number of positions, in the aggregate and by agency, for which higher rates of pay were authorized or paid under this section during any part of the period covered by such report; and
(2) the name of each employee to whom a higher rate of pay was paid under this section during any portion of the period covered by such report, the rate on rates paid under this section during such period, the dates between which each such higher rate was paid, and the rate or rates that would have been paid but for this section.
(i)(1) For the purpose of this subsection, the term "position" means the work, consisting of the duties and responsibilities, assignable to an employee, except that such term does not include any position under subsection (a)(2)(A)–(E).
(2) At the request of an agency head, the President may designate 1 or more categories of positions within such agency to be treated, for purposes of this section, as positions within the meaning of subsection (a)(2).
(Added
References in Text
Level I of the Executive Schedule, referred to in subsec. (d)(2), is set out in
Amendments
1992—Subsec. (a)(2)(E), (F).
Subsec. (i).
Effective Date
Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of
Abolition of House Committee on Post Office and Civil Service
Committee on Post Office and Civil Service of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on Post Office and Civil Service treated as referring to Committee on Government Reform and Oversight, see section 1(b) of
Delegation of Functions
Authority of President under subsec. (i)(2) of this section delegated to Director of Office of Management and Budget by Ex. Ord. No. 12828, §2, Jan. 5, 1993, 58 F.R. 2965, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§5378. Police forces of the Bureau of Engraving and Printing and the United States Mint
(a) The Secretary of the Department of the Treasury, or his designee, in his sole discretion shall fix the rates of basic pay for positions within the police forces of the United States Mint and the Bureau of Engraving and Printing without regard to the pay provisions of
(b) For the purpose of this section, the term "police forces of the Bureau of Engraving and Printing and the United States Mint" means the employees of the Department of the Treasury who are appointed, under the authority of the Secretary of the Treasury, as police officers for the protection of the Bureau of Engraving and Printing and the United States Mint buildings and property.
(Added
References in Text
The General Schedule, referred to in subsec. (a), is set out under
Amendments
1997—Subsec. (a).
1995—Subsec. (a)(8).
Effective Date; Conversion and Savings Provisions
Section 529 [title I, §109(c)] of
"(1) This section and the amendments made by this section [enacting this section, amending
"(2)(A) A special pay rate (as defined in subparagraph (B)) shall apply to an individual holding a position if—
"(i) as a result of the initial exercise of authority with respect to such position under the amendment made by subsection (a)(1)(A) [enacting this section], such individual would (but for this paragraph) be paid—
"(I) at the step of the grade for which such special pay rate is then in effect; or
"(II) at a level which is between steps for which special pay rates are then in effect; and
"(ii) such position is within the area or location with respect to which that special pay rate or those special pay rates, as applicable, are then in effect.
The Secretary of the Treasury shall prescribe regulations for determining which special pay rate shall apply in a situation described in clause (i)(II).
"(B) For the purpose of this paragraph, the term 'special pay rate' means a rate which—
"(i) is established under
"(ii) is applicable to positions within the police forces of the Bureau of Engraving and Printing and the United States Mint; and
"(iii) has been in effect (including any adjustments under section 5303(d) of such title) since on or before the effective date of this section.
"(3) No rate of basic pay in effect immediately before this section takes effect shall be reduced by reason of the enactment of this section."
Special Pay Rates Not Affected
Section 529 [title I, §109(b)] of
"(1) affect any special pay rate under
"(2) impair any authority to fix or adjust special pay rates under such section 5303 (or a succeeding provision of law) for positions within the police forces of the Bureau of Engraving and Printing and the United States Mint."
[Amendment by
Section Referred to in Other Sections
This section is referred to in
§5379. Student loan repayments
(a)(1) For the purpose of this section—
(A) the term "agency" means an agency under subparagraph (A), (B), (C), (D), or (E) of
(B) the term "student loan" means—
(i) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965;
(ii) a loan made under part E of title IV of the Higher Education Act of 1965; and
(iii) a health education assistance loan made or insured under part C 1 of title VII of Public Health Service Act or under part B of title VIII of such Act.
(2) An employee shall be ineligible for benefits under this section if such employee occupies a position which—
(A) is excepted from the competitive service because of its confidential, policy-determining, policy-making, or policy-advocating character; or
(B) is not subject to subchapter III of this chapter.
(b)(1) The head of an agency may, in order to recruit or retain highly qualified professional, technical, or administrative personnel, establish a program under which the agency may agree to repay (by direct payments on behalf of the employee) any student loan previously taken out by such employee.
(2) Payments under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed to by the agency and employee concerned, except that the amount paid by an agency under this section may not exceed—
(A) $6,000 for any employee in any calendar year; or
(B) a total of $40,000 in the case of any employee.
(3) Nothing in this section shall be considered to authorize an agency to pay any amount to reimburse an employee for any repayments made by such employee prior to the agency's entering into an agreement under this section with such employee.
(c)(1) An employee selected to receive benefits under this section must agree in writing, before receiving any such benefit, that the employee will—
(A) remain in the service of the agency for a period specified in the agreement (not less than 3 years), unless involuntarily separated; and
(B) if separated involuntarily on account of misconduct, or voluntarily, before the end of the period specified in the agreement, repay to the Government the amount of any benefits received by such employee from that agency under this section.
(2) The payment agreed to under paragraph (1)(B) of this subsection may not be required of an employee who leaves the service of such employee's agency voluntarily to enter into the service of any other agency unless the head of the agency that authorized the benefits notifies the employee before the effective date of such employee's entrance into the service of the other agency that payment will be required under this subsection.
(3) If an employee who is involuntarily separated on account of misconduct or who (excluding any employee relieved of liability under paragraph (2) of this subsection) is voluntarily separated before completing the required period of service fails to repay the amount agreed to under paragraph (1)(B) of this subsection, a sum equal to the amount outstanding is recoverable by the Government from the employee (or such employee's estate, if applicable) by—
(A) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and
(B) such other method as is provided by law for the recovery of amounts owing to the Government.
The head of the agency concerned may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest.
(4) Any amount repaid by, or recovered from, an individual (or an estate) under this subsection shall be credited to the appropriation account from which the amount involved was originally paid. Any amount so credited shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations (if any), as the sums with which merged.
(d) An employee receiving benefits under this section from an agency shall be ineligible for continued benefits under this section from such agency if the employee—
(1) separates from such agency; or
(2) does not maintain an acceptable level of performance, as determined under standards and procedures which the agency head shall by regulation prescribe.
(e) In selecting employees to receive benefits under this section, an agency shall, consistent with the merit system principles set forth in paragraphs (1) and (2) of
(f) Any benefit under this section shall be in addition to basic pay and any other form of compensation otherwise payable to the employee involved.
(g) The Director of the Office of Personnel Management, after consultation with heads of a representative number and variety of agencies and any other consultation which the Director considers appropriate, shall prescribe regulations containing such standards and requirements as the Director considers necessary to provide for reasonable uniformity among programs under this section.
(Added
References in Text
The Higher Education Act of 1965, referred to in subsec. (a)(1)(B)(i), (ii), is
The Public Health Service Act, referred to in subsec. (a)(1)(B)(iii), is act July 1, 1944, ch. 373,
Section Referred to in Other Sections
This section is referred to in title 10 section 1745.
1 See References in Text note below.
[§5380. Repealed. Pub. L. 102–378, §8(a), Oct. 2, 1992, 106 Stat. 1359 ]
Section, added
Effective Date of Repeal
Repeal effective Nov. 5, 1990, see section 9(b)(6) of
SUBCHAPTER VIII—PAY FOR THE SENIOR EXECUTIVE SERVICE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5381. Definitions
For the purpose of this subchapter, "agency", "Senior Executive Service position", "career appointee", and "senior executive" have the meanings set forth in
(Added
Amendments
1989—
Effective Date
Subchapter effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§5382. Establishment and adjustment of rates of pay for the Senior Executive Service
(a) There shall be 5 or more rates of basic pay for the Senior Executive Service, and each senior executive shall be paid at one of the rates. The rates of basic pay shall be initially established and thereafter adjusted by the President subject to subsection (b) of this section.
(b) In setting rates of basic pay, the lowest rate for the Senior Executive Service shall not be less than the minimum rate of basic pay payable under section 5376 and the highest rate shall not exceed the rate for level IV of the Executive Schedule. The payment of the rates shall not be subject to the pay limitation of
(c) Subject to subsection (b) of this section, 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
(d) The rates of basic pay that are established and adjusted under this section shall be printed in the Federal Register and shall supersede any prior rates of basic pay for the Senior Executive Service.
(Added
References in Text
Level IV of the Executive Schedule, referred to in subsec. (b), is set out in
The General Schedule, referred to in subsec. (c), is set out under
Amendments
1990—Subsec. (b).
Subsec. (c).
Effective Date of 1990 Amendment
Amendment by
Pay Increases
2000—The President, under Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
1999—Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151, which provided for adjustment of pay rates effective Jan. 1, 1999, was substantially superseded by Ex. Ord. No. 13144, Dec. 21, 1999, 64 F.R. 72237, set out as a note under
1998—Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521, which provided for adjustment of pay rates effective Jan. 1, 1998, was superseded by Ex. Ord. No. 13106, Dec. 7, 1998, 63 F.R. 68151.
1997—Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987, which provided for adjustment of pay rates effective Jan. 1, 1997, was superseded by Ex. Ord. No. 13071, Dec. 29, 1997, 62 F.R. 68521.
1996—Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237, which provided for adjustment of pay rates effective Jan. 1, 1996, was superseded by Ex. Ord. No. 13033, Dec. 27, 1996, 61 F.R. 68987.
1995—Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309, which continued pay rates, was superseded by Ex. Ord. No. 12984, Dec. 28, 1995, 61 F.R. 237.
1993—Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909, which provided for adjustment of pay rates effective Jan. 1, 1993, was superseded by Ex. Ord. No. 12944, Dec. 28, 1994, 60 F.R. 309.
1992—Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453, which provided for adjustment of pay rates effective Jan. 1, 1992, was superseded by Ex. Ord. No. 12826, Dec. 30, 1992, 57 F.R. 62909.
1991—Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385, which provided for adjustment of pay rates effective Jan. 1, 1991, was superseded by Ex. Ord. No. 12786, Dec. 26, 1991, 56 F.R. 67453.
1990—Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473, which provided for adjustment of pay rates effective Jan. 1, 1990, was superseded by Ex. Ord. No. 12736, Dec. 12, 1990, 55 F.R. 51385.
1989—Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791, which provided for adjustment of pay rates effective Jan. 1, 1989, was superseded by Ex. Ord. No. 12698, Dec. 23, 1989, 54 F.R. 53473.
1988—Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222, which provided for adjustment of pay rates effective Jan. 1, 1988, was superseded by Ex. Ord. No. 12663, Jan. 6, 1989, 54 F.R. 791.
1987—Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505, which provided for adjustment of pay rates effective Jan. 1, 1987, was superseded by Ex. Ord. No. 12622, Dec. 31, 1987, 53 F.R. 222.
1985—Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577, which provided for adjustment of pay rates effective Jan. 1, 1985, was superseded by Ex. Ord. No. 12578, Dec. 31, 1986, 52 F.R. 505.
1984—Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended by Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493, which provided for adjustment of pay rates effective Jan. 1, 1984, was superseded by Ex. Ord. No. 12496, Dec. 28, 1984, 50 F.R. 211, as amended by Ex. Ord. No. 12540, Dec. 30, 1985, 51 F.R. 577.
1982—Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981, which provided for adjustment of pay rates effective Oct. 1, 1982, was superseded by Ex. Ord. No. 12456, Dec. 30, 1983, 49 F.R. 347, as amended Ex. Ord. No. 12477, May 23, 1984, 49 F.R. 22041; Ex. Ord. No. 12487, Sept. 14, 1984, 49 F.R. 36493.
Maximum rate payable after Dec. 17, 1982, increased from $58,500 to $67,200, see
Limitations on use of funds for fiscal year ending Sept. 30, 1983, appropriated by any Act to pay salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of Executive Schedule, see section 101(e) of
1981—Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921, which provided for adjustment of pay rates effective Oct. 1, 1981, was superseded by Ex. Ord. No. 12387, Oct. 8, 1982, 47 F.R. 44981.
Limitations on use of funds for fiscal year ending Sept. 30, 1982, appropriated by any Act to pay salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of Executive Schedule, see sections 101(g) and 141 of
1980—Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199, which provided for adjustment of pay rates effective Oct. 1, 1980, was superseded by Ex. Ord. No. 12330, Oct. 15, 1981, 46 F.R. 50921.
Limitations on use of funds for fiscal year ending Sept. 30, 1981, appropriated by any Act to pay salary or pay of any individual in legislative, executive, or judicial branch in position equal to or above level V of Executive Schedule, see section 101(c) of
1979—Ex. Ord. No. 12165, Oct, 9, 1979, 44 F.R. 58671, as amended by Ex. Ord. No. 12200, Mar. 12, 1980, 45 F.R. 16443, which provided for adjustment of pay rates effective Oct. 1, 1979, was superseded by Ex. Ord. No. 12248, Oct. 16, 1980, 45 F.R. 69199.
Applicability to funds appropriated by any Act for fiscal year ending Sept. 30, 1980, of limitation of section 304 of
Executive Order No. 12592
Ex. Ord. No. 12592, Apr. 10, 1987, 52 F.R. 13417, as amended by Ex. Ord. No. 12609, Sept. 23, 1987, 52 F.R. 36211, which related to the establishment, functions, administration, and termination of the President's Commission on Compensation of Career Federal Executives, was revoked by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Section Referred to in Other Sections
This section is referred to in
§5383. Setting individual senior executive pay
(a) Each appointing authority shall determine, in accordance with criteria established by the Office of Personnel Management, which of the rates established under
(b) Members of the Senior Executive Service shall be subject to the limitation under section 5307.
(c) Except for any pay adjustment under
(d) The rate of basic pay for any career appointee may be reduced from any rate of basic pay to any lower rate of basic pay only if the career appointee receives a written notice of the reduction at least 15 days in advance of the reduction.
(e)(1) This subsection applies to—
(A) any individual who, after serving at least 5 years of current continuous service in 1 or more positions in the competitive service, is appointed, without any break in service, as a career appointee; and
(B) any individual who—
(i) holds a position which is converted from the competitive service to a career reserved position in the Senior Executive Service; and
(ii) as of the conversion date, has at least 5 years of current continuous service in 1 or more positions in the competitive service.
(2)(A) The initial rate of pay for a career appointee who is appointed under the circumstances described in paragraph (1)(A) may not be less than the rate of basic pay last payable to that individual immediately before being so appointed.
(B) The initial rate of pay for a career appointee following the position's conversion (as described in paragraph (1)(B)) may not be less than the rate of basic pay last payable to that individual immediately before such position's conversion.
(Added
Amendments
1992—Subsec. (b).
"(1) In no event may the aggregate amount paid to a senior executive during any fiscal year under
"(2)(A) Any amount which is not paid to a senior executive during a fiscal year because of the limitation under paragraph (1) of this subsection shall be paid to that individual in a lump sum at the beginning of the following fiscal year.
"(B) Any amount paid under this paragraph during a fiscal year shall be taken into account for purposes of applying the limitation under paragraph (1) of this subsection with respect to such fiscal year.
"(C) The Office of Personnel Management shall prescribe regulations, consistent with
1991—Subsec. (e).
1990—Subsec. (b)(1).
1984—Subsec. (b).
1979—Subsec. (b).
Effective Date of 1984 Amendment
Amendment by
Senior Executive Service; Maximum Aggregate Amount Payable, Etc.; Report
Section Referred to in Other Sections
This section is referred to in
§5384. Performance awards in the Senior Executive Service
(a)(1) To encourage excellence in performance by career appointees, performance awards shall be paid to career appointees in accordance with the provisions of this section.
(2) Such awards shall be paid in a lump sum and shall be in addition to the basic pay paid under
(b)(1) No performance award under this section shall be paid to any career appointee whose performance was determined to be less than fully successful at the time of the appointee's most recent performance appraisal and rating under subchapter II of
(2) The amount of a performance award under this section shall be determined by the agency head but may not be less than 5 percent nor more than 20 percent of the career appointee's rate of basic pay.
(3) The aggregate amount of performance awards paid under this section by an agency during any fiscal year may not exceed the greater of—
(A) an amount equal to 10 percent of the aggregate amount of basic pay paid to career appointees in such agency during the preceding fiscal year; or
(B) an amount equal to 20 percent of the average of the annual rates of basic pay paid to career appointees in such agency during the preceding fiscal year.
(c)(1) Performance awards paid by any agency under this section shall be based on recommendations by performance review boards established by such agency under
(2) not 1 less than a majority of the members of any review board referred to in paragraph (1) shall be career appointees whenever making recommendations under such paragraph with respect to a career appointee. The requirement of the preceding sentence shall not apply in any case in which the Office of Personnel Management determines that there exists an insufficient number of career appointees available to comply with the requirement.
(d) The Office of Personnel Management may issue guidance to agencies concerning the proportion of Senior Executive Service salary expenses that may be appropriately applied to payment of performance awards and the distribution of awards.
(Added
Amendments
1998—Subsec. (b)(3).
1989—Subsec. (c).
1984—Subsec. (b)(2).
Subsec. (b)(3).
Effective Date of 1998 Amendment
Effective Date of 1984 Amendment
Amendment by
Limitation on Number of Performance Awards for Career Appointees
Section 306(c) of S. 2939, Ninety-seventh Congress, 2nd Session, as reported Sept. 22, 1982, and incorporated by reference in
Similar provisions were contained in the following acts:
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be capitalized.
§5385. Regulations
The Office of Personnel Management shall prescribe regulations to carry out the purpose of this subchapter.
(Added
SUBCHAPTER IX—SPECIAL OCCUPATIONAL PAY SYSTEMS
Amendments
1992—
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5391. Definitions
For the purposes of this subchapter, "agency", "employee", and "position" have the meanings given them by section 5102.
(Added
Effective Date
Subchapter effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of
§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
(c) In establishing special occupational pay systems, the pay agent shall—
(1) identify occupations or groups of occupations for which
(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.
(Added
References in Text
Level V of the Executive Schedule, referred to in subsec. (d)(2), is set out in
The General Schedule, referred to in subsec. (e), is set out under
[CHAPTER 54 —REPEALED]
[§§5401 to 5410. Repealed. Pub. L. 103–89, §3(a)(1), Sept. 30, 1993, 107 Stat. 981 ]
Section 5401, added
Section 5402, added
Section 5403, added
Section 5404, added
Section 5405, added
Section 5406, added
Section 5407, added
Section 5408, added
Section 5409, added
Section 5410, added
Effective Date of Repeal
Repeal effective Nov. 1, 1993, see section 3(c) of
Treatment of Employees Covered by System as of Termination Date
Section 4 of
"(a)
"(1) the term 'employee' means an individual employed by an agency (within the meaning of
"(2) the term 'performance management and recognition system' means the performance management and recognition system under
"(3) the term 'basic pay' does not include any amount payable under section 302 [set out as a note under
"(4) the term 'pay rate', as used in clauses (iii) through (v) of subsection (c)(2)(B), is used in the same way as such term is used under
"(5) the term 'FEPCA' means the Federal Employees Pay Comparability Act of 1990 [section 529 [§§1–412] of
"(b)
"(1) which is in the same grade of the General Schedule, and the same agency, as the position which such employee occupied on October 31, 1993; and
"(2) to which the provisions of
"(c)
"(1)
"(2)
"(A)
"(i) the rate of basic pay determined under this section for an employee shall be treated as a rate of basic pay described in section 5302(8) of such title;
"(ii) the position then currently occupied by an employee who is subject to this section shall be deemed to be a 'General Schedule position' within the meaning of section 5302(9) of such title; and
"(iii) any employee who is subject to this section shall be considered to be a 'General Schedule employee' (as referred to in section 302(b) of FEPCA).
"(B)
"(i) any reference in such provisions to a 'step-increase' shall be considered to mean an increase equal to one-ninth of the difference between the minimum and maximum rates of pay for the applicable grade of the General Schedule;
"(ii) any reference in such provisions to the 'next higher rate within the grade' shall be considered to mean the rate of basic pay which exceeds such employee's then current rate of basic pay by the amount of a step-increase;
"(iii) if the employee's rate of basic pay is less than the rate for pay rate 4 of the applicable grade, such employee's rate of basic pay shall be governed by paragraph (1) of section 5335(a) of such title;
"(iv) if the employee's rate of basic pay is equal to or greater than the rate for pay rate 4 but less than the rate for pay rate 7 of the applicable grade, such employee's rate of basic pay shall be governed by paragraph (2) of section 5335(a) of such title; and
"(v) if the employee's rate of basic pay is equal to or greater than the rate for pay rate 7 but less than the maximum rate of the applicable grade, such employee's rate of basic pay shall be governed by paragraph (3) of section 5335(a) of such title.
No rate of basic pay for an employee may be increased, as a result of this subparagraph (or any provision of law to which any clause of this subparagraph relates), if or to the extent that the resulting rate would exceed the maximum rate for the grade of the position occupied by such employee.
"(d)
Performance Awards for Fiscal Year 1994
Section 5(b) of
CHAPTER 55 —PAY ADMINISTRATION
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—WITHHOLDING PAY
SUBCHAPTER III—ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
SUBCHAPTER IV—DUAL PAY AND DUAL EMPLOYMENT
SUBCHAPTER V—PREMIUM PAY
SUBCHAPTER VI—PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE
SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES
SUBCHAPTER VIII—SETTLEMENT OF ACCOUNTS
SUBCHAPTER IX—SEVERANCE PAY AND BACK PAY
Amendments
1999—
1998—
1994—
1993—
1992—
1990—
1986—
1985—
1984—
1982—
1978—
1977—
1975—
1974—
1972—
1970—
1968—
1967—
Chapter Referred to in Other Sections
This chapter is referred to in
1 Section catchline amended by
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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 5, 1882, ch. 389, §4 (297th through 316th words), Aug. 23, 1912, ch. 350, §5 (so much as relates to removal), |
In the last sentence, the word "removed" is substituted for "summarily removed" because of the provisions of the Lloyd-LaFollette Act
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 18 section 1916.
§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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | R.S. §1760. | |
(b) | July 1, 1898, ch. 546, §1 (3d proviso on p. 644), |
In subsection (a), the words "in the civil service or uniformed services" are substituted for "civil, military, or naval".
In subsection (b), the words "Except as otherwise provided by statute" are added in recognition of the Act of Aug. 25, 1958,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §1761. |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§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
(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
(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;
(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
(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
(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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | June 30, 1945, ch. 212, §604(b), (e) (last 27 words, as applicable to subsection (b)), July 31, 1959, |
|
(b) | June 30, 1945, ch. 212, §604(d), (e) (last 27 words, less applicability to subsection (b)), |
|
Oct. 28, 1949, ch. 782, §1203, June 20, 1958, Aug. 14, 1964, |
In subsection (a), the words "Beginning not later than October 1, 1945" are omitted as executed. Paragraphs (1) and (3) are substituted for the words "all officers and employees of the organizations referred to in subsection (a) of this section". In paragraph (A), the words "Canal Zone Government" and "Panama Canal Company" are substituted for "The Panama Canal" and "Panama Railroad Company" on authority of the Act of Sept. 26, 1950, ch. 1049, §2(a),
In subsection (b), the exception in the last sentence is added on authority of former section 902, which is carried into section 5541.
Subsection (c) is added on authority of former section 945, which is carried into section 5548. The words "an Executive agency" are substituted for "the executive branch of the Government" to conform to the definition in section 105. Applicability of this section to employees of the General Accounting Office is based on former section 933a.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section amends
Amendments
1986—Subsec. (b).
1979—Subsec. (a)(A).
Subsec. (a)(B).
1978—Subsec. (a).
Subsec. (c).
Effective Date of 1986 Amendment
Section 15203(b) of
Effective Date of 1979 Amendments
Amendment by
Amendment by
Effective Date of 1978 Amendment
Amendment by section 408(a)(1) of
Amendment by section 906(a)(2) of
Delegation of Functions
Functions vested in Office of Personnel Management under this section insofar as it affects officers and employees in or under executive branch of government to be performed without approval of President, see section 1(1) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under
Determination of Hourly Rate
"(1) Notwithstanding any other provision of law, effective with respect to pay periods beginning in fiscal years 1984 and 1985, and applicable in the case of an employee as defined in
"(2) Paragraph (1) shall not apply in determining basic pay for purposes of subchapter III of
"(3) The Office of Personnel Management may prescribe regulations necessary for the administration of this subsection insofar as this subsection affects employees in or under an Executive agency.
"(4) Notwithstanding any other provision of this subsection, paragraph (1) shall not be effective with respect to pay periods beginning before the effective date of any increase under
[Section 2 of
Cross References
Annual leave to include only work days exclusive of Sunday and holidays, see
Exemption of certain corporations under supervision of Farm Credit Administration, see
Permanent organization in customs service with definite terms of service and compensation for employees, see
Working hours of laborers and mechanics in military departments not to exceed forty hours weekly without overtime pay, see
Section Referred to in Other Sections
This section is referred to in
§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
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 30, 1906, ch. 3914, §6, June 30, 1945, ch. 212, §604(c) (2d sentence), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 2 section 142e; title 26 section 7443.
§5506. Computation of extra pay based on standard or daylight saving time
When an employee as defined by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1949, ch. 538, §2, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5507. Officer affidavit; condition to pay
An officer required by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Dec. 11, 1926, ch. 4, §2, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§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
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 2, 1953, ch. 178, §1 "(c)(1) (last sentence)", |
The words "including an officer of a corporation wholly owned or controlled by the United States" are omitted as unnecessary in view of the definition of "officer" in section 2104.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5509. Appropriations
There are authorized to be appropriated sums necessary to carry out the provisions of this title.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
[Uncodified]. | June 30, 1945, ch. 212, §609, |
|
[Uncodified]. | Oct. 28, 1949, ch. 782, §1107, |
|
[Uncodified]. | Sept. 30, 1950, ch. 1123, §13, |
|
Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1510", |
||
[Uncodified]. | Sept. 6, 1960, |
The remainder of the authority for this section is implied from the statutes from which this title is derived.
Merit Systems Protection Board and Office of Special Counsel; Authorization of Appropriations; Restriction on Appropriations
"(a)
"(1) for each of fiscal years 1998, 1999, 2000, 2001, and 2002[,] such sums as necessary to carry out subchapter I of
"(2) for each of fiscal years 1993, 1994, 1995, 1996, and 1997, such sums as necessary to carry out subchapter II of
"(b)
[
Authorization of Appropriations
SUBCHAPTER II—WITHHOLDING PAY
Cross References
Enforcement of legal obligations to provide child support and make alimony payments, see
Subchapter Referred to in Other Sections
This subchapter is referred to in title 15 section 78d.
§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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Feb. 24, 1931, ch. 287, |
In subsection (a), the words "From and after February 24, 1931" are omitted as executed. The word "employee" is coextensive with and substituted for "civil employee of the United States" in view of the definition of "employee" in section 2105.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§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 employing agency, 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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §1766. |
In subsection (b), reference to the "General Accounting Office" is substituted for "accounting officers of the Treasury" on authority of the Act of June 10, 1921, ch. 18, title III,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (b).
1972—Subsec. (b).
Cross References
Armed Forces, withholding pay of officers, see
Coast Guard, pay of enlisted men indebted to United States, see
Deductions from military and civilian pay for recovery of erroneous payments, see
Section Referred to in Other Sections
This section is referred to in title 37 section 1007.
§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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
May 26, 1936, ch. 452, |
The words "On and after May 26, 1936" are omitted as executed. The word "official" is substituted for "officer" and "officers" as the definition of "officer" in section 2104 excludes a member of a uniformed service. The words "from the United States or from an agency or instrumentality thereof" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5514. Installment deduction for indebtedness to the United States
(a)(1) When the head of an agency or his designee determines that an employee, member of the Armed Forces or Reserve of the Armed Forces, is indebted to the United States for debts to which the United States is entitled to be repaid at the time of the determination by the head of an agency or his designee, or is notified of such a debt by the head of another agency or his designee the amount of indebtedness may be collected in monthly installments, or at officially established pay intervals, by deduction from the current pay account of the individual. The deductions may be made 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. The amount deducted for any period may not exceed 15 percent of disposable pay, except that a greater percentage may be deducted upon the written consent of the individual involved. 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 subsequent payments of any nature due the individual from the agency concerned. All Federal agencies to which debts are owed and which have outstanding delinquent debts shall participate in a computer match at least annually of their delinquent debt records with records of Federal employees to identify those employees who are delinquent in repayment of those debts. The preceding sentence shall not apply to any debt under the Internal Revenue Code of 1986. Matched Federal employee records shall include, but shall not be limited to, records of active Civil Service employees government-wide, military active duty personnel, military reservists, United States Postal Service employees, employees of other government corporations, and seasonal and temporary employees. The Secretary of the Treasury shall establish and maintain an interagency consortium to implement centralized salary offset computer matching, and promulgate regulations for this program. Agencies that perform centralized salary offset computer matching services under this subsection are authorized to charge a fee sufficient to cover the full cost for such services.
(2) Except as provided in paragraph (3) of this subsection, prior to initiating any proceedings under paragraph (1) of this subsection to collect any indebtedness of an individual, the head of the agency holding the debt or his designee, shall provide the individual with—
(A) a minimum of thirty days written notice, informing such individual of the nature and amount of the indebtedness determined by such agency to be due, the intention of the agency to initiate proceedings to collect the debt through deductions from pay, and an explanation of the rights of the individual under this subsection;
(B) an opportunity to inspect and copy Government records relating to the debt;
(C) an opportunity to enter into a written agreement with the agency, under terms agreeable to the head of the agency or his designee, to establish a schedule for the repayment of the debt; and
(D) an opportunity for a hearing on the determination of the agency concerning the existence or the amount of the debt, and in the case of an individual whose repayment schedule is established other than by a written agreement pursuant to subparagraph (C), concerning the terms of the repayment schedule.
A hearing, described in subparagraph (D), shall be provided if the individual, on or before the fifteenth day following receipt of the notice described in subparagraph (A), and in accordance with such procedures as the head of the agency may prescribe, files a petition requesting such a hearing. The timely filing of a petition for hearing shall stay the commencement of collection proceedings. A hearing under subparagraph (D) may not be conducted by an individual under the supervision or control of the head of the agency, except that nothing in this sentence shall be construed to prohibit the appointment of an administrative law judge. The hearing official shall issue a final decision at the earliest practicable date, but not later than sixty days after the filing of the petition requesting the hearing.
(3) Paragraph (2) shall not apply to routine intra-agency adjustments of pay that are attributable to clerical or administrative errors or delays in processing pay documents that have occurred within the four pay periods preceding the adjustment and to any adjustment that amounts to $50 or less, if at the time of such adjustment, or as soon thereafter as practical, the individual is provided written notice of the nature and the amount of the adjustment and a point of contact for contesting such adjustment.
(4) The collection of any amount under this section shall be in accordance with the standards promulgated pursuant to
(5) For purposes of this subsection—
(A) "disposable pay" means that part of pay of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld; and
(B) "agency" includes executive departments and agencies, the United States Postal Service, the Postal Rate Commission, the United States Senate, the United States House of Representatives, and any court, court administrative office, or instrumentality in the judicial or legislative branches of the Government, and government corporations.
(b)(1) The head of each agency shall prescribe regulations, subject to the approval of the President, to carry out this section and
(2) For purposes of
(c) Subsection (a) of this section does not modify existing statutes which provide for forfeiture of pay or allowances. This section and
(d) A levy pursuant to the Internal Revenue Code of 1986 shall take precedence over other deductions under this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 15, 1954, ch. 509, §§1, 2, 4, |
||
In subsection (a), the words "head of the agency concerned" are substituted for "Secretary of the department concerned or the head of the agency or independent establishment concerned, or one of their designees". The words "an employee, a member of the armed forces, or a Reserve of the armed forces" are coextensive with and substituted for "an employee of the United States or any member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, or a reserve component thereof" in view of the definitions in sections 2101 and 2105. The words "basic compensation" are omitted as included in "basic pay".
In subsection (b), the words "head of each agency" are substituted for "Each Secretary of a department, or head of an agency or independent establishment, as appropriate". The words "Secretaries of the military departments" are substituted for "Secretaries of the Army, Navy, and Air Force" to conform to the definition of "military department" in section 102.
In subsection (c), the words "
References in Text
The Internal Revenue Code of 1986, referred to in subsecs. (a)(1) and (d), is classified generally to Title 26, Internal Revenue Code.
Amendments
1996—Subsec. (a)(1).
Subsec. (a)(3), (4).
Subsec. (a)(5).
Subsec. (a)(5)(B).
Subsec. (d).
1984—Subsec. (c).
1983—Subsec. (a)(3).
1982—
Subsec. (a).
Subsec. (b).
1979—Subsec. (b).
Effective Date of 1979 Amendment
Amendment by
Short Title of 1982 Amendment
Section 1 of
Delegation of Functions
Authority of President under subsec. (b) of this section to approve regulations prescribed by head of each agency to carry out this section and
Improvements in Debt Collection Procedures Under 1982 Amendments as Contained in Debt Collection Act of 1982 Inapplicable to Claims or Indebtedness Under Internal Revenue Code, Social Security Act, or Tariff Laws
Section 8(e) of
Collection of Indebtedness of Employees of Federal Government Resulting From Action or Suit Brought Against Employee by United States
Section Referred to in Other Sections
This section is referred to in title 7 sections 2020, 2022; title 10 section 1055; title 16 section 470m; title 22 section 3664; title 42 sections 292r, 297b, 404.
§5515. Crediting amounts received for jury or witness service
An amount received by an employee as defined by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 29, 1940, ch. 446, §3, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—
1970—
§5516. Withholding District of Columbia income taxes
(a) The Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the Mayor of the District of Columbia within 120 days of a request for agreement from the Mayor. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of subchapter II of
(b) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on other employers, or which subjects the United States or its employees to a penalty or liability because of this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
[Uncodified]. | Mar. 31, 1956, ch. 154, §11 "(k)", |
Section 2(c) "(z)" of the Act of Mar. 31, 1956,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Subchapter II of
Amendments
1979—Subsec. (a).
1976—
1968—Subsec. (a).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1976 Amendment
Section 1207(f)(1) of
Effective Date of 1968 Amendment
Amendment by
Cross References
Withholding of District of Columbia income taxes by Secretary of Senate, see
Withholding of District of Columbia income taxes by Clerk and Sergeant at Arms of the House of Representatives, see
Section Referred to in Other Sections
This section is referred to in
§5517. Withholding State income taxes
(a) When a State statute—
(1) provides for the collection of a tax either by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to the State, or by granting to employers generally the authority to withhold sums from the pay of employees if any employee voluntarily elects to have such sums withheld; and
(2) imposes the duty or grants the authority to withhold generally with respect to the pay of employees who are residents of the State;
the Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of the State withholding statute in the case of employees of the agency who are subject to the tax and whose regular place of Federal employment is within the State with which the agreement is made. In the case of pay for service as a member of the armed forces, the preceding sentence shall be applied by substituting "who are residents of the State with which the agreement is made" for "whose regular place of Federal employment is within the State with which the agreement is made".
(b) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on other employers, or which subjects the United States or its employees to a penalty or liability because of this section. An agency of the United States may not accept pay from a State for services performed in withholding State income taxes from the pay of the employees of the agency.
(c) For the purpose of this section, "State" means a State, territory, possession, or commonwealth of the United States.
(d) For the purpose of this section and sections 5516 and 5520, the terms "serve as a member of the armed forces" and "service as a member of the Armed Forces" include—
(1) participation in exercises or the performance of duty under
(2) participation in scheduled drills or training periods, or service on active duty for training, under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 17, 1952, ch. 940, §1, |
||
Sept. 23, 1959, |
||
July 17, 1952, ch. 940, §2, |
||
Sept. 23, 1959, |
In subsection (b), the words "after March 31, 1959" are omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1997—Subsec. (c).
1994—Subsec. (d)(2).
1987—Subsec. (d).
1976—Subsec. (a).
Subsec. (d).
Effective Date of 1997 Amendment
Section 1462(b) of
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by section 1207(a)(1) of
Section 1207(f)(2) of
Executive Order No. 10407
Ex. Ord. No. 10407, Nov. 7, 1952, 17 F.R. 10132, which related to regulations governing agreements concerning withholding of state or territorial income taxes, was revoked by Ex. Ord. No. 11968, Jan. 31, 1977, 42 F.R. 6787, formerly set out as a note under
Cross References
Withholding of State income taxes by Secretary of Senate, see
Withholding of State income taxes by Clerk and Sergeant at Arms of the House of Representatives, see
Withholding of State income taxes by Architect of the Capitol, see
Section Referred to in Other Sections
This section is referred to in
§5518. Deductions for State retirement systems; National Guard employees
When—
(1) a State statute provides for the payment of employee contributions to a State employee retirement system or to a State sponsored plan providing retirement, disability, or death benefits, by withholding sums from the pay of State employees and making returns of the sums withheld to State authorities or to the person or organization designated by State authorities to receive sums withheld for the program; and
(2) individuals employed by the Army National Guard and the Air National Guard, except employees of the National Guard Bureau, are eligible for membership in a State employee retirement system or other State sponsored plan;
the Secretary of Defense, under regulations prescribed by the President, shall enter into an agreement with the State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Department of Defense shall comply with the requirements of State statute as to the individuals named by paragraph (2) of this section who are eligible for membership in the State employee retirement system. The disbursing officials paying these individuals shall withhold and pay to the State employee retirement system or to the person or organization designated by State authorities to receive sums withheld for the program the employee contributions for these individuals. For the purpose of this section, "State" means a State or territory or possession of the United States including the Commonwealth of Puerto Rico.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 15, 1956, ch. 390, Sept. 13, 1961, |
The words "individuals employed by" and the word "individuals" are substituted for "civilian employees of" and "employees", respectively, in view of the definition of "employee" in section 2105 which is limited to those employed by the Government of the United States. The word "civilian" is omitted as unnecessary as military personnel are not "employed". The words "disbursing officials" are substituted for "disbursing officers" as the definition of "officer" in section 2104 excludes a member of a uniformed service.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Ex. Ord. No. 10996. Withholding of Compensation for State and State-Sponsored Employee Retirement, Disability, or Death Benefits Programs
Ex. Ord. No. 10996, Feb. 16, 1962, 27 F.R. 1521, provided:
By virtue of the authority vested in me by the act of June 15, 1956, as amended,
(a) "Employees" means civilian employees of the Army National Guard or Air National Guard of a State who are employed pursuant to
(b) "State" means one of the United States, the Commonwealth of Puerto Rico, and any territory of the United States.
(a) the law of such State provides for the payment of employee contributions to such State or State-sponsored employee retirement, disability, or death benefits systems by withholding sums from the compensation of such State employees and making returns of such sums to officials of such State or organization designated by such officials to receive sums withheld for such programs;
(b) civilian employees of the Army National Guard and the Air National Guard, other than those employed by the National Guard Bureau, are eligible for membership in a State retirement, disability, or death benefits system; and
(c) each such agreement is consistent with the provisions of the said act of June 15, 1956, as amended, and of rules and regulations issued thereunder, and contains a clause that it shall be subject to any amendments of the said act, including amendments occurring after the effective date of such agreement.
(a) Provide that the Secretary of the Army with respect to civilian employees of the Army National Guard, and the Secretary of the Air Force with respect to civilian employees of the Air National Guard, shall comply with the requirements of such State law in the case of employee subject to the said act of June 15, 1956, as amended, who are eligible for membership in such retirement, disability, or death benefits system for State employees;
(b) Specify when the withholding of sums from the compensation of such State employees shall commence; and
(c) Provide for procedures for the withholding, the filing of the returns, and the payment of the sums withheld from compensation to the officials of the State, or organization designated by such officials to receive sums withheld for such programs, which procedures shall conform, so far as practicable, to the usual fiscal practices of the Department of the Army and the Department of the Air Force, respectively.
John F. Kennedy.
§5519. Crediting amounts received for certain Reserve or National Guard service
An amount (other than a travel, transportation, or per diem allowance) received by an employee or individual for military service as a member of the Reserve or National Guard for a period for which he is granted military leave under section 6323(b) or (c) shall be credited against the pay payable to the employee or individual with respect to his civilian position for that period.
(Added
Amendments
1996—
1992—
Section Referred to in Other Sections
This section is referred to in
§5520. Withholding of city or county income or employment taxes
(a) When a city or county ordinance—
(1) provides for the collection of a tax by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to a designated city or county officer, department, or instrumentality; and
(2) imposes the duty to withhold generally on the payment of compensation earned within the jurisdiction of the city or county in the case of employees whose regular place of employment is within such jurisdiction;
the Secretary of the Treasury, under regulations prescribed by the President, shall enter into an agreement with the city or county within 120 days of a request for agreement by the proper city or county official. The agreement shall provide that the head of each agency of the United States shall comply with the requirements of the city or county ordinance in the case of any employee of the agency who is subject to the tax and (i) whose regular place of Federal employment is within the jurisdiction of the city or county with which the agreement is made or (ii) is a resident of such city or county. The agreement may not apply to pay for service as a member of the Armed Forces (other than service described in
(b) This section does not give the consent of the United States to the application of an ordinance which imposes more burdensome requirements on the United States than on other employers or which subjects the United States or its employees to a penalty or liability because of this section. An agency of the United States may not accept pay from a city or county for services performed in withholding city or county income or employment taxes from the pay of employees of the agency.
(c) For the purpose of this section—
(1) "city" means any unit of general local government which—
(A) is classified as a municipality by the Bureau of the Census, or
(B) is a town or township which, in the determination of the Secretary of the Treasury—
(i) possesses powers and performs functions comparable to those associated with municipalities,
(ii) is closely settled, and
(iii) contains within its boundaries no incorporated places, as defined by the Bureau of the Census,
within the political boundaries of which 500 or more persons are regularly employed by all agencies of the Federal Government;
(2) "county" means any unit of local general government which is classified as a county by the Bureau of the Census and within the political boundaries of which 500 or more persons are regularly employed by all agencies of the Federal Government;
(3) "ordinance" means an ordinance, order, resolution, or similar instrument which is duly adopted and approved by a city or county in accordance with the constitution and statutes of the State in which it is located and which has the force of law within such city or county; and
(4) "agency" means—
(A) an Executive agency;
(B) the judicial branch; and
(C) the United States Postal Service.
(Added
Amendments
1987—Subsec. (a).
1978—Subsec. (a).
1977—
Subsec. (a).
Subsec. (b).
Subsec. (c).
1976—Subsec. (c)(1).
Effective Date of 1978 Amendment
Section 2 of
Effective Date of 1977 Amendment
Section 408(c) of
Effective Date of 1976 Amendment
Section 2 of
Effective Date
Section 3 of
Executive Order No. 11833
Ex. Ord. No. 11833, Jan. 13, 1975, 40 F.R. 2673, which related to the withholding of city income or employment taxes by Federal agencies, was revoked by Ex. Ord. No. 11863, June 12, 1975, 40 F.R. 25413, formerly set out below.
Executive Order No. 11863
Ex. Ord. No. 11863, June 12, 1975, 40 F.R. 25431, which related to the withholding of city income or employment taxes by Federal agencies, was revoked by Ex. Ord. No. 11968, Jan. 31, 1977, 42 F.R. 6787, formerly set out below.
Executive Order No. 11968
Ex. Ord. No. 11968, Jan. 31, 1977, 42 F.R. 6787, which related to the withholding of District of Columbia, State and city income or employment taxes, was revoked by Ex. Ord. No. 11997, June 22, 1977, 42 F.R. 31759, set out below.
Ex. Ord. No. 11997. Withholding of District of Columbia, State, City and County Income or Employment Taxes
Ex. Ord. No. 11997, June 22, 1977, 42 F.R. 31759, provided:
By virtue of the authority vested in me by
Jimmy Carter.
Section Referred to in Other Sections
This section is referred to in
§5520a. Garnishment of pay
(a) For purposes of this section—
(1) "agency" means each agency of the Federal Government, including—
(A) an executive agency, except for the General Accounting Office;
(B) the United States Postal Service and the Postal Rate Commission;
(C) any agency of the judicial branch of the Government; and
(D) any agency of the legislative branch of the Government, including the General Accounting Office, each office of a Member of Congress, a committee of the Congress, or other office of the Congress;
(2) "employee" means an employee of an agency (including a Member of Congress as defined under section 2106);
(3) "legal process" means any writ, order, summons, or other similar process in the nature of garnishment, that—
(A) is issued by a court of competent jurisdiction within any State, territory, or possession of the United States, or an authorized official pursuant to an order of such a court or pursuant to State or local law; and
(B) orders the employing agency of such employee to withhold an amount from the pay of such employee, and make a payment of such withholding to another person, for a specifically described satisfaction of a legal debt of the employee, or recovery of attorney's fees, interest, or court costs; and
(4) "pay" means—
(A) basic pay, premium pay paid under subchapter V, any payment received under subchapter VI, VII, or VIII, severance and back pay paid under subchapter IX, sick pay, incentive pay, and any other compensation paid or payable for personal services, whether such compensation is denominated as wages, salary, commission, bonus pay or otherwise; and
(B) does not include awards for making suggestions.
(b) Subject to the provisions of this section and the provisions of section 303 of the Consumer Credit Protection Act (
(c)(1) Service of legal process to which an agency is subject under this section may be accomplished by certified or registered mail, return receipt requested, or by personal service, upon—
(A) the appropriate agent designated for receipt of such service of process pursuant to the regulations issued under this section; or
(B) the head of such agency, if no agent has been so designated.
(2) Such legal process shall be accompanied by sufficient information to permit prompt identification of the employee and the payments involved.
(d) Whenever any person, who is designated by law or regulation to accept service of process to which an agency is subject under this section, is effectively served with any such process or with interrogatories, such person shall respond thereto within thirty days (or within such longer period as may be prescribed by applicable State law) after the date effective service thereof is made, and shall, as soon as possible but not later than fifteen days after the date effective service is made, send written notice that such process has been so served (together with a copy thereof) to the affected employee at his or her duty station or last-known home address.
(e) No employee whose duties include responding to interrogatories pursuant to requirements imposed by this section shall be subject to any disciplinary action or civil or criminal liability or penalty for, or on account of, any disclosure of information made by such employee in connection with the carrying out of any of such employee's duties which pertain directly or indirectly to the answering of any such interrogatory.
(f) Agencies affected by legal process under this section shall not be required to vary their normal pay and disbursement cycles in order to comply with any such legal process.
(g) Neither the United States, an agency, nor any disbursing officer shall be liable with respect to any payment made from payments due or payable to an employee pursuant to legal process regular on its face, provided such payment is made in accordance with this section and the regulations issued to carry out this section. In determining the amount of any payment due from, or payable by, an agency to an employee, there shall be excluded those amounts which would be excluded under section 462(g) of the Social Security Act (
(h)(1) Subject to the provisions of paragraph (2), if an agency is served under this section with more than one legal process with respect to the same payments due or payable to an employee, then such payments shall be available, subject to section 303 of the Consumer Credit Protection Act (
(2) A legal process to which an agency is subject under section 459 of the Social Security Act (
(i) The provisions of this section shall not modify or supersede the provisions of section 459 of the Social Security Act (
(j)(1) Regulations implementing the provisions of this section shall be promulgated—
(A) by the President or his designee for each executive agency, except with regard to employees of the United States Postal Service, the President or, at his discretion, the Postmaster General shall promulgate such regulations;
(B) jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives, or their designee, for the legislative branch of the Government; and
(C) by the Chief Justice of the United States or his designee for the judicial branch of the Government.
(2) Such regulations shall provide that an agency's administrative costs in executing a garnishment action may be added to the garnishment, and that the agency may retain costs recovered as offsetting collections.
(k)(1) No later than 180 days after the date of the enactment of this Act, the Secretaries of the Executive departments concerned shall promulgate regulations to carry out the purposes of this section with regard to members of the uniformed services.
(2) Such regulations shall include provisions for—
(A) the involuntary allotment of the pay of a member of the uniformed services for indebtedness owed a third party as determined by the final judgment of a court of competent jurisdiction, and as further determined by competent military or executive authority, as appropriate, to be in compliance with the procedural requirements of the Soldiers' and Sailors' Civil Relief Act of 1940 (50 App. U.S.C. 501 et seq.); and
(B) consideration for the absence of a member of the uniformed service from an appearance in a judicial proceeding resulting from the exigencies of military duty.
(3) The Secretaries of the Executive departments concerned shall promulgate regulations under this subsection that are, as far as practicable, uniform for all of the uniformed services. The Secretary of Defense shall consult with the Secretary of Transportation with regard to the promulgation of such regulations that might affect members of the Coast Guard when the Coast Guard is operating as a service in the Navy.
(Added
References in Text
The date of the enactment of this Act, referred to in subsec. (k)(1), probably means the date of enactment of
The Soldiers' and Sailors' Relief Act of 1940, referred to in subsec. (k)(2)(A), is act Oct. 17, 1940, ch. 888,
Amendments
1997—Subsec. (j)(2).
Subsec. (k)(3), (4).
Subsec. (l).
1996—Subsecs. (h)(2), (i).
Subsec. (j)(2).
Subsec. (k)(3), (4).
Subsec. (l).
Effective Date of 1996 Amendment
Amendment by
For provisions relating to effective date of title III of
Effective Date; Savings Provision
Section effective 120 days after Oct. 6, 1993, and not to affect any proceedings with respect to which charges were filed on or before 120 days after Oct. 6, 1993, with orders to be issued in such proceedings and appeals taken therefrom as if
Pilot Program on Alternative Notice of Receipt of Legal Process for Garnishment of Federal Pay for Child Support and Alimony
"(a)
"(b)
"(c)
"(2) Under the pilot program, whenever the Secretary of Defense (acting through the DOD section 5520a agent) provides a section 5520a notice to an individual, the Secretary may include as part of that notice the information specified in subsection (e) in lieu of sending with that notice a copy (otherwise required pursuant to the second parenthetical phrase in
"(d)
"(1)
"(2)
"(3)
"(4)
"(e)
"(1) A description of the pertinent court order, notice to withhold, or other order, process, or interrogatory received by the DOD section 459 agent or the DOD section 5520a agent.
"(2) The identity of the court or judicial forum involved and (in the case of a notice or process concerning the ordering of a support or alimony obligation) the case number, the amount of the obligation, and the name of the beneficiary.
"(3) Information on how the individual may obtain from the Department of Defense a copy of the notice, service, or legal process, including an address and telephone number that the individual may be contacted for the purpose of obtaining such a copy.
"(f)
"(g)
"(1) The number of section 459 notices provided by the DOD section 459 agent during the period the authority provided by this section was in effect.
"(2) The number of individuals who requested the DOD section 459 agent to provide to them a copy of the actual notice or service.
"(3) Any complaint the Secretary received by reason of not having provided the actual notice or service in the section 459 notice.
"(4) The number of section 5520a notices provided by the DOD section 5520a agent during the period the authority provided by this section was in effect.
"(5) The number of individuals who requested the DOD section 5520a agent to provide to them a copy of the actual legal process.
"(6) Any complaint the Secretary received by reason of not having provided the actual legal process in the section 5520a notice."
Ex. Ord. No. 12897. Garnishment of Federal Employees' Pay
Ex. Ord. No. 12897, Feb. 3, 1994, 59 F.R. 5517, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in title 22 sections 3612a, 3664; title 39 section 410.
SUBCHAPTER III—ADVANCEMENT, ALLOTMENT, AND ASSIGNMENT OF PAY
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5521. Definitions
For the purpose of this subchapter—
(1) "agency" means—
(A) an Executive agency;
(B) the judicial branch;
(C) the Library of Congress;
(D) the Government Printing Office; and
(E) the government of the District of Columbia;
(2) "employee" means an individual employed in or under an agency;
(3) "head of each agency" means—
(A) the Director of the Administrative Office of the United States Courts with respect to the judicial branch; and
(B) the Mayor of the District of Columbia with respect to the government of the District of Columbia; and
(4) "United States", when used in a geographical sense, means the several States and the District of Columbia.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, June 24, 1965, |
In paragraph (1), the word "agency" is substituted for "department". The term "Executive agency" is substituted for the reference to "each executive department of the Government of the United States of America; each agency or independent establishment in the executive branch of such Government; each corporation wholly owned or controlled by such Government" in former section 3071(1)(A)–(C).
Paragraph (2) is added for clarity and in view of the fact that the definition of "employee" in section 2105 does not include individuals employed by the government of the District of Columbia.
In paragraph (3), the term "department head" is omitted as unnecessary.
In paragraph (4), the words "of the United States of America" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1979—Par. (3)(B).
1968—Par. (3)(B).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
§5522. Advance payments; rates; amounts recoverable
(a) The head of each agency may provide for the advance payment of the pay, allowances, and differentials, or any of them, covering a period of not more than 30 days, to or for the account of each employee of the agency (or, under emergency circumstances and on a reimbursable basis, an employee of another agency) whose departure (or that of his dependents or immediate family, as the case may be) from a place inside or outside the United States is officially authorized or ordered—
(1) from a place outside the United States from which the Secretary of State determines it is in the national interest to require the departure of some or all employees, their dependents, or both; or
(2) from any place where there is imminent danger to the life of the employee or the lives of the dependents or immediate family of the employee.
(b) Subject to adjustment of the account of an employee under
(c) An advance of funds under subsection (a) of this section is recoverable by the Government of the United States or the government of the District of Columbia, as the case may be, from the employee or his estate by—
(1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the Government of the United States or the government of the District of Columbia; and
(2) such other method as is provided by law.
The head of the agency concerned may waive in whole or in part a right of recovery of an advance of funds under subsection (a) of this section, if it is shown that the recovery would be against equity and good conscience or against the public interest.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1980—Subsec. (a).
Subsec. (b).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5523. Duration of payments; rates; active service period
(a) The head of each agency may provide for—
(1) the payment of monetary amounts covering a period of not more than 60 days to or for the account of each employee of the agency (or, under emergency circumstances and on a reimbursable basis, an employee of another agency) whose departure (or that of the employee's dependents or immediate family, as the case may be) is authorized or ordered under section 5522(a); and
(2) the termination of payment of the monetary amounts.
The President, with respect to the Executive agencies, may extend the 60-day period for not more than 120 additional days if he determines that the extension of the period is in the interest of the United States.
(b) Subject to adjustment of the account of an employee under
(c) Each period for which payment of amounts is made under this section to or for the account of an employee is deemed, for all purposes with respect to the employee, a period of active service, without break in service, performed by the employee in the employment of the Government of the United States or the government of the District of Columbia.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1991—Subsec. (a)(1).
"(A) whose departure is authorized or ordered under
"(B) who is prevented, by circumstances beyond his control and beyond the control of the Government of the United States or the government of the District of Columbia, or both, as the case may be, from performing the duties of the position which he held immediately before issuance of the departure order; and".
1980—Subsec. (a)(1).
Subsec. (b).
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5524. Review of accounts
The head of each agency shall provide for—
(1) the review of the account of each employee of the agency in receipt of payments under
(2) the adjustment of the amounts of the payments on the basis of—
(A) the rates of pay, allowances, and differentials to which the employee would have been entitled under applicable statute other than this subchapter for the respective periods covered by the payments, if he had performed active service under the terms of his appointment during each period in the position he held immediately before the issuance of the applicable evacuation order; and
(B) such additional amounts as the employee is authorized to receive in accordance with a determination of the President under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§5524a. Advance payments for new appointees
(a) The head of each agency may provide for the advance payment of basic pay, covering not more than 2 pay periods, to any individual who is newly appointed to a position in the agency.
(b)(1) Subject to adjustment of the account of an employee under paragraph (2) and other applicable statutes, the advance payment of basic pay shall be made, under agency procedures governing advance payments under this section, at the initial rate of basic pay to be payable to the employee upon the commencement of service in the position to which appointed.
(2) The head of each agency shall provide for—
(A) the review of the account of each employee of the agency in receipt of any payment under this section; and
(B) the adjustment of the amount of any such payment on the basis of the rate of basic pay to which the employee would have been entitled under applicable statute other than this section for the respective periods covered by the payments, if the employee had performed active service under the terms of such employee's appointment during each period in the position to which appointed.
(c) An advance payment under this section is recoverable by the Government of the United States or the government of the District of Columbia, as the case may be, from the employee or such employee's estate by—
(1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the Government of the United States or the government of the District of Columbia; and
(2) such other method as is provided by law.
The head of the agency concerned may waive in whole or in part a right of recovery of an advance payment under this section if it is shown that the recovery would be against equity and good conscience or against the public interest.
(Added
Effective Date
Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of
Section Referred to in Other Sections
This section is referred to in
§5525. Allotment and assignment of pay
The head of each agency may establish procedures under which each employee of the agency is permitted to make allotments and assignments of amounts out of his pay for such purpose as the head of the agency considers appropriate.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5526. Funds available on reimbursable basis
Funds available to an agency for payment of pay, allowances, and differentials to or for the accounts of employees of the agency are available on a reimbursable basis for payment of pay, allowances, and differentials to or for the accounts of employees of another agency under this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
The word "civilian" is omitted as unnecessary in view of the definition of "employee" in section 5521(2), and the fact that military personnel are not "employed".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5527. Regulations
(a) To the extent practicable in the public interest, the President shall coordinate the policies and procedures of the respective Executive agencies under this subchapter.
(b) The President, with respect to the Executive agencies, the head of the agency concerned, with respect to the appropriate agency outside the executive branch, and the District of Columbia Council, with respect to the government of the District of Columbia, shall prescribe and issue, or provide for the formulation and issuance of, regulations necessary and appropriate to carry out the provisions, accomplish the purposes, and govern the administration of this subchapter.
(c) The head of each Executive agency may prescribe and issue regulations, not inconsistent with the regulations of the President issued under subsection (b) of this section, necessary and appropriate to carry out his functions under this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
In subsection (b), the last sentence of former section 3076, which provided for the issuance of the regulations not later than December 25, 1961, and the effective date of the regulations as not later than March 25, 1962, is omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1968—Subsec. (b).
Effective Date of 1968 Amendment
Amendment by
Transfer of Functions
District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by
Ex. Ord. No. 10982. Administration of Provisions of Chapter
Ex. Ord. No. 10982, Dec. 25, 1961, 27 F.R. 3, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, provided:
By virtue of the authority vested in me by the act of September 26, 1961 (
(a) The term "the act" means the act of September 26, 1961 (
(b) The term "Federal agency" means any executive department of the Government of the United States of America, any agency or independent establishment in the executive branch of the Government, and any corporation wholly owned or controlled by the Government.
(c) The term "foreign area" means any area (including the Trust Territory of the Pacific Islands) situated outside (1) the United States (including the District of Columbia), (2) the Commonwealth of Puerto Rico, (3) the Canal Zone, and (4) any territory or possession of the United States.
(b) The Office of Personnel Management is hereby designated and empowered to perform the functions conferred upon the President by the provisions of
(a) To the maximum extent practicable, the Secretary of State, the Office of Personnel Management, and the heads of other Federal agencies shall exercise their authority under the act and this order so that employees of different Federal agencies evacuated from the same geographic area under the same general circumstances may be treated uniformly.
(b) Advance payments of compensation, allowances, and differentials, as authorized by section 2 of the act [
(c) It is hereby determined to be in the interest of the United States that payments of monetary amounts as authorized by section 3 of the act [
(b) In order to coordinate the policies and procedures of the executive branch of the Government, all regulations of any Federal agency prepared for issuance under the provisions of section 6(c) of the act [
SUBCHAPTER IV—DUAL PAY AND DUAL EMPLOYMENT
§5531. Definitions
For the purpose of sections 5532 1 and 5533 of this title—
(1) "member" has the meaning given such term by
(2) "position" means a civilian office or position (including a temporary, part-time, or intermittent position), appointive or elective, in the legislative, executive, or judicial branch of the Government of the United States (including a Government corporation and a nonappropriated fund instrumentality under the jurisdiction of the armed forces) or in the government of the District of Columbia;
(3) "retired or retainer pay" means retired pay, as defined in
(4) "agency in the legislative branch" means the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Office of the Architect of the Capitol, the United States Botanic Garden, and the Congressional Budget Office;
(5) "employee of the House of Representatives" means a congressional employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives;
(6) "employee of the Senate" means a congressional employee whose pay is disbursed by the Secretary of the Senate; and
(7) "congressional employee" has the meaning given that term by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 19, 1964, |
In paragraph (2), the defined word "position" is substituted for "civilian office." The words "Government corporation" are substituted for "corporation owned or controlled by such Government" in view of the definition in section 103.
The definitions of "uniformed services" and "armed forces" are omitted as unnecessary in view of the definitions in section 2101.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1996—Par. (5).
1991—Pars. (4) to (7).
1978—
Effective Date of 1978 Amendment
Amendment by
Dual Pay Requirements for Pay Periods Subsequent to Enactment of Civil Service Act of 1978
"(1) Except as provided in paragraph (2) of this subsection, the amendments made by this section [amending this section and
"(2) Such amendments shall not apply to any individual employed in a position on the date of the enactment of this Act [Oct. 13, 1978] so long as the individual continues to hold any such position (disregarding any break in service of 3 days or less) if the individual, on that date, would have been entitled to retired or retainer pay but for the fact the individual does not satisfy any applicable age requirement.
"(3) The provisions of
Cross References
Time limitation on claims against Government employees who received dual compensation in violation of the dual compensation laws, see
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
[§5532. Repealed. Pub. L. 106–65, div. A, title VI, §651(a)(1), Oct. 5, 1999, 113 Stat. 664 ]
Section,
Effective Date of Repeal
Repeal effective Oct. 1, 1999, see section 651(c) of
§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)
(B)
(C)
(D)
(E)
(F)
[(G) Repealed.
(e)(1) This section does not apply to an individual employed under
(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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 19, 1964, |
In subsection (a), the words "an individual" are substituted for "civilian personnel".
In subsection (b), the words "and issue" are omitted as surplusage.
In subsection (c), the words "appropriated funds are not" are substituted for "no funds appropriated by any Act shall be". The words "$2,000 a year" are substituted for "the sum of $2,000 per annum".
In subsection (d)(7)(D), reference to "
In subsection (d)(7)(H), the words "of
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1996—Subsecs. (c)(1), (2), (d)(5)(A).
1979—Subsec. (d)(7).
1978—Subsec. (b).
1976—Subsec. (c)(1).
1975—Subsec. (d)(7).
1973—Subsec. (c)(1), (4).
Subsec. (e).
1970—Subsec. (c)(1).
"(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
"(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".
Subsec. (c)(2).
Subsec. (c)(3).
1967—Subsec. (c).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1967 Amendments
Amendment by
Amendment by
Increase in Compensation of Individuals Whose Pay is Disbursed by Secretary of Senate
2000—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2000, to the figure "$25,362", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 12, 1999, set out as a note under
1999—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1999, to the figure "$24,433", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 16, 1998, formerly set out as a note under
1998—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1998, to the figure "$23,698", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 19, 1997, formerly set out as a note under
1997—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1997, to the figure "$23,165", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 18, 1996, formerly set out as a note under
1995—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1995, to the figure "$22,200", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 28, 1994, formerly set out as a note under
1993—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1993, to the figure "$21,764", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 17, 1992, formerly set out as a note under
1992—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1992, to the figure "$20,987", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 18, 1991, formerly set out as a note under
1991—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1991, to the figure "$20,141", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, formerly set out as a note under
1990—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1990, to the figure "$19,347", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 21, 1989, formerly set out as a note under
1989—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1989, to the figure "$18,674", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 9, 1988, formerly set out as a note under
1988—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1988, to the figure "$17,938", see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 4, 1988, formerly set out as a note under
1987—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1987, to the figure "$17,586", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under
1985—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1985, to the figure "$17,073", see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985, formerly set out as a note under
1984—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1984, to the figure "$16,495", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983, formerly set out as a note under
1982—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1982, to the figure "$15,860", see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982, formerly set out as a note under
1980—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1980, to the figure "$14,551", see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980, formerly set out as a note under
1979—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1979, to the figure "$13,337", see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979, formerly set out as a note under
1978—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1978, to the figure "$12,480", see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978, formerly set out as a note under
1977—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1977, to the figure "$11,830", see section 9 of Salary Directive of President pro tempore of the Senate, Sept. 27, 1977, formerly set out as a note under
1976—The figure "$10,540" in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1976, to the figure "$11,050", see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, formerly set out as a note under
1973—The figure "7,724" in subsection (c)(1) of this section, deemed to refer, effective Jan. 1, 1973, to the figure "9,080", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, formerly set out as a note under
1972—The figure "7,724" in subsection (c)(1) of this section, deemed to refer, effective Jan. 1, 1972, to the figure "8,637", see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, formerly set out as a note under
1971—The figure "7,724" in subsection (c)(1) of this section, deemed to refer, effective Feb. 1, 1971, to the figure "8,187", see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, formerly set out as a note under
1970—Adjustment by President pro tempore of the Senate with respect to Senate, by Finance Clerk of House with respect to House of Representatives, and by Architect of Capitol with respect to Office of Architect of Capitol, effective on the first day of the first pay period which begins on or after Dec. 27, 1969, of rates of pay of employees of legislative branch subject to section 214 of
1969—The figure "6,662" in subsection (c)(1)(A) of this section, as increased by Order of June 12, 1968, deemed, on and after July 1, 1969, to refer to the figure "7,287", see section 4(d) of Salary Directive of President pro tempore of the Senate, June 17, 1969, formerly set out as a note under
1968—The figure "6,256" in subsection (c)(1)(A) of this section deemed to refer, on and after July 1, 1968, to the figure "6,622", see section 1(i) of Salary Directive of President pro tempore of the Senate, June 12, 1968, formerly set out as a note under
Cross References
Authority of Committee on House Oversight of House of Representatives to combine House Clerk Hire Allowance into Members' Representational Allowance, see
Time limitation on claims against Government employees who received dual compensation in violation of the dual compensation laws, see
Section Referred to in Other Sections
This section is referred to in
§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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 10, 1956, ch. 1041, §29(c) (1st sentence), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 22 section 3664.
§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
Historical and Revision Notes
This section amends
At the time of enactment of the act of November 21, 1945, there was no authority to make lump-sum leave payments to members of the uniformed services who were being separated from or released from active duty in the uniformed services. Accordingly, they were placed on terminal leave until the expiration of the unused portion of their accumulated and current accrued leave, and only then separated or released. The act of November 21, 1945, in part, authorized the employment of these members during terminal leave and provided they were entitled to receive, in addition to the payment from the employment, military pay and allowances for the unexpired portion of the terminal leave. The Armed Forces Leave Act of 1946 authorized lump-sum leave payments of unused accumulated and current accrued leave. Generally, thereafter, members of the uniformed services were not placed on terminal leave, but were separated and paid a lump-sum leave payment. However, in certain instances a member may be placed on terminal leave. Such a case was considered recently by the Comptroller General of the United States (see B–157500, Oct. 13, 1965, 45 Comp. Gen. 180. In view of the foregoing, it is concluded that subsection (a) of former
In section 5534a, the words "A member of a uniformed service who has performed active service" are substituted for "Any person, who, shall have performed active service in the Armed Forces" to conform to the style of title 5 and the definition of "uniformed services" in
Effective Date
Section effective Sept. 6, 1966, for all purposes, see section 9(h) of
Section Referred to in Other Sections
This section is referred to in title 22 section 3664.
§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
(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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | R.S. §182. | |
(b) | R.S. §1764 (1st 34 words). | |
Aug. 1, 1914, ch. 223, §12, |
Subsection (a) was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4,
In subsection (a), the words "regular office" are coextensive with and substituted for "proper office".
In subsection (b), former sections 69 (1st 34 words) and 72 are combined and restated for clarity and conciseness. The word "employee" is coextensive with and substituted for "officer or clerk", "officer or clerk in the same or any other department", and "person employed in the service of the United States". The words "under any general or lump-sum appropriation" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Cross References
Time limitation on claims against Government employees who received dual compensation in violation of the dual compensation laws, see
Section Referred to in Other Sections
This section is referred to in title 22 sections 3664, 3971; title 39 section 1001.
§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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §170. | ||
R.S. §1764 (less 1st 34 words). | ||
R.S. §1765. | ||
June 20, 1874, ch. 328, §3, |
||
Sept. 3, 1954, ch. 1263, §7, |
Sections are consolidated as R.S. §1765 includes the scope of R.S. §170, R.S. §1764, and the Act of June 20, 1874, as amended. So much of R.S. §1764 as relates to details is covered by section 5535.
R.S. §170 was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Cross References
Allowance of living quarters, including heat, fuel, and light, to employees having permanent stations in a foreign country, see
Authorization and payment of benefits to employees detailed to international organizations deemed to comply with this section, see
Time limitation on claims against Government employees who received dual compensation in violation of the dual compensation laws, see
Dual employment and extra duties imposed by Postmaster General, compensation without regard to this section, see
Peace Corps program, benefits of personnel detailed to foreign governments or international organizations as meeting requirements of this section, see
Section Referred to in Other Sections
This section is referred to in
§5537. Fees for jury and witness service
(a) An employee as defined by
(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
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 29, 1940, ch. 446, §2, |
The words "fees for jury service" are coextensive with and substituted for "compensation for such service".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (a).
Subsec. (c).
1970—
1968—
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1968 Amendment
Amendment by
SUBCHAPTER V—PREMIUM PAY
Subchapter Referred to in Other Sections
This subchapter is referred to in
§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;
(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
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
(iv) a member of—
(I) the Metropolitan Police or the Fire Department of the District of Columbia; or
(II) a member of the United States Secret Service Uniformed Division, a member of the United States Park Police, other than for purposes of section 1 5545(a) and 5546;
(v) a student-employee as defined by
[(vi) Repealed.
(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
(x) an employee of a Federal land bank, a Federal intermediate credit bank, or a bank for cooperatives;
(xi) an employee whose pay is fixed and adjusted from time to time in accordance with prevailing rates under subchapter IV of
(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, or a vessel employee of the Department of the Interior;
(xiii) a "teacher" or an individual holding a "teaching position" as defined by
(xiv) a Foreign Service officer;
(xv) a member of the Senior Foreign Service;
(xvi) member of the Senior Executive Service; or
(xvii) a member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and
(3) "law enforcement officer" means an employee who—
(A) is a law enforcement officer within the meaning of section 8331(20) or 8401(17);
(B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of
(C) in the case of an employee who holds a supervisory or administrative position and is subject to
(D) in the case of an employee who is not subject to subchapter III of
(i) holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of
(ii) is a special agent in the Diplomatic Security Service.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 30, 1945, ch. 212 §101(a), (d), (e), |
||
Sept. 1, 1954, ch. 1208, §202(a), |
||
June 30, 1945, ch. 212, §102 (less clause (1) and last sentence of (a)), |
||
Aug. 4, 1947, ch. 452, §1, |
||
Aug. 18, 1959, |
||
July 17, 1959, |
The section is revised as a definition section. The provisions of former section 901(d) are omitted as unnecessary because the sections referred to state their application and there is no need to restate the application here.
In paragraph (1), the terms "Executive agency" and "military department" are substituted for the references in former section 901(a) and (e) to the executive branch, including Government-owned or controlled corporations, and the General Accounting Office in view of the definitions in sections 105 and 102.
In paragraph (2)(iii), the words "
In paragraph (2)(iv), the provisions of former section 902(a)(5) and (b)(6) are combined.
In paragraph (2)(v), the words "student-employee as defined by
In paragraph (2)(iv), (vi), (vii), (viii), (ix), (xi), and (xii), the reference to former section 947 is omitted as that section was repealed by the Act of Sept. 12, 1950, ch. 946, §301(85),
In paragraph (2)(xii), the reference to former section 946 is omitted as unnecessary since that section is not carried into this subchapter. The words "Panama Canal Company" are substituted for "Panama Railroad Company" on authority of the Act of Sept. 2, 1950, ch. 1049, §2(a)(2),
In paragraph (2)(xiii), the words "as defined by
The exception for officers and employees of the Inland Waterways Corporation in former section 902(b)(3) is omitted on authority of the Act of July 19, 1963,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1996—Par. (2)(xii).
1992—Par. (3).
1990—Par. (2)(iv).
1988—Par. (2)(xvii).
1980—Par. (2)(xiv).
Par. (2)(xv).
1979—Par. (2)(xii).
1978—Par. (2)(xvi).
Par. (2)(xv).
1977—Par. (2)(xiv), (xv).
1975—Par. (2)(iv).
1972—Par. (2)(xi).
1970—Par. (2)(vi).
1967—Par. (2)(xii).
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Section 529 [title IV, §411(b)] of
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendments
Amendment by
Section 204(b)(5)(B) of
Effective Date of 1977 Amendment
Section 412(a)(2) of
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Short Title of 1994 Amendment
Transfer of Functions
Environmental Science Services Administration in Department of Commerce, including offices of Administrator and Deputy Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,
Sense of Congress Relating to Law Enforcement Officer Provisions
Section 2(40)(D) of
"(i) the provisions of
"(I) are enacted only for the purposes of pay and not for the purposes of retirement;
"(II) do not reflect any intent of the Congress to change retirement eligibility standards for law enforcement officers; and
"(ii) law enforcement officers in primary positions have different retirement eligibility standards than employees in supervisory or administrative positions because of the different requirements in their responsibilities."
Payment of Bonuses for Foreign Language Capabilities
"(a)
"(b)
Cross References
Pay of Federal judges, see
Pay of officers and employees of the Tennessee Valley Authority, see
Pay of United States Secret Service Uniformed Division, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "sections".
§5542. Overtime rates; computation
(a) For full-time, part-time and intermittent tours of duty, 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 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law) 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 be paid for, except as otherwise provided by this subchapter, at the following rates:
(1) For an employee whose basic pay is at a rate which does not exceed the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay of the employee, and all that amount is premium pay.
(2) For an employee whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), and all that amount is premium pay.
(3) Notwithstanding paragraphs (1) and (2) of this subsection for an employee of the Department of Transportation who occupies a nonmanagerial position in GS–14 or under and, as determined by the Secretary of Transportation,
(A) the duties of which are critical to the immediate daily operation of the air traffic control system, directly affect aviation safety, and involve physical or mental strain or hardship;
(B) in which overtime work is therefore unusually taxing; and
(C) in which operating requirements cannot be met without substantial overtime work;
the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay of the employee, and all that amount is premium pay.
(4) Notwithstanding paragraph (2) of this subsection, for an employee who is a law enforcement officer, and whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law), the overtime hourly rate of pay is an amount equal to the greater of—
(A) one and one-half times the minimum hourly rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or
(B) the hourly rate of basic pay of the employee,
and all that amount is premium pay.
(b) For the purpose of this subchapter—
(1) unscheduled overtime work performed by an employee on a day when work was not scheduled for him, or for which he is required to return to his place of employment, is deemed at least 2 hours in duration; and
(2) time spent in a travel status away from the official-duty station of an employee is not hours of employment unless—
(A) the time spent is within the days and hours of the regularly scheduled administrative workweek of the employee, including regularly scheduled overtime hours; or
(B) the travel (i) involves the performance of work while traveling, (ii) is incident to travel that involves the performance of work while traveling, (iii) is carried out under arduous conditions, or (iv) results from an event which could not be scheduled or controlled administratively, including travel by an employee to such an event and the return of such employee from such event to his or her official-duty station.
(c) Subsection (a) shall not apply to an employee who is subject to the overtime pay provisions of section 7 of the Fair labor 1 Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to this section, the Office of Personnel Management shall by regulation prescribe what hours shall be deemed to be hours of work and what hours of work shall be deemed to be overtime hours for the purpose of such section 7 so as to ensure that no employee receives less pay by reason of the preceding sentence.
(d) In applying subsection (a) of this section with respect to any criminal investigator who is paid availability pay under section 5545a—
(1) such investigator shall be compensated under such subsection (a), at the rates there provided, for overtime work which is scheduled in advance of the administrative workweek—
(A) in excess of 10 hours on a day during such investigator's basic 40 hour workweek; or
(B) on a day outside such investigator's basic 40 hour workweek; and
(2) such investigator shall be compensated for all other overtime work under section 5545a.
(e) Notwithstanding subsection (d)(1) of this section, all hours of overtime work scheduled in advance of the administrative workweek shall be compensated under subsection (a) if that work involves duties as authorized by
(f) In applying subsection (a) of this section with respect to a firefighter who is subject to section 5545b—
(1) such subsection shall be deemed to apply to hours of work officially ordered or approved in excess of 106 hours in a biweekly pay period, or, if the agency establishes a weekly basis for overtime pay computation, in excess of 53 hours in an administrative workweek; and
(2) the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay under section 5545b(b)(1)(A) or (c)(1)(B), as applicable, and such overtime hourly rate of pay may not be less than such hourly rate of basic pay in applying the limitation on the overtime rate provided in paragraph (2) of such subsection (a).
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | June 30, 1945, ch. 212, §201, |
|
(b) | Sept. 1, 1954, ch. 1208, §205(b), |
In subsection (a)(1), and (2), the word "officer" is omitted as included in "employee". The word "scheduled" is omitted since section 603 of the Act of Oct. 11, 1962,
In subsection (b), former sections 912a and 912b are combined and restated.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5542(a) | 5 App.: 911. | July 18, 1966, |
The words "of the Classification Act of 1949, as amended" are omitted as unnecessary.
References in Text
GS–10 and GS–14, referred to in subsec. (a), are contained in the General Schedule which is set out under
Section 7 of the Fair Labor Standards Act of 1938, referred to in subsec. (c), is classified to
Section 37(a)(3) of the State Department Basic Authorities Act of 1956, referred to in subsec. (e), is classified to
Amendments
1998—Subsec. (e).
Subsec. (f).
1995—Subsec. (e).
1994—Subsec. (d).
1992—Subsec. (a)(4).
Subsec. (c).
1990—Subsec. (a).
Subsec. (a)(4).
Subsec. (c).
1984—Subsec. (b)(2)(B)(iv).
1971—Subsec. (a).
1968—Subsec. (a)(3).
1967—Subsec. (b)(2)(B).
Effective Date of 1998 Amendment
"(1) which begins on or after the 90th day following the date of the enactment of this Act [Oct. 21, 1998]; and
"(2) on which date all regulations necessary to carry out such amendments are (in the judgment of the Director of the Office of Personnel Management and the Secretary of State) in effect." [Jan. 29, 1999, see 64 F.R. 4517.]
Amendment by section 101(h) [title VI, §628(a)(1)] of
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 529 [title I, §101(b)(3)(E), title II, §210(1)] of
Effective Date of 1968 Amendment
Section 3 of
Effective Date of 1967 Amendment
Section 220(a)(4) of title II of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be capitalized.
§5543. Compensatory time off
(a) The head of an agency may—
(1) on request of an employee, grant the employee compensatory time off from his scheduled tour of duty instead of payment under section 5542 or section 7 of the Fair Labor Standards Act of 1938 for an equal amount of time spent in irregular or occasional overtime work; and
(2) provide that an employee whose rate of basic pay is in excess of the maximum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law) shall be granted compensatory time off from his scheduled tour of duty equal to the amount of time spent in irregular or occasional overtime work instead of being paid for that work under
(b) The head of an agency may, on request of an employee, grant the employee compensatory time off from the employee's scheduled tour of duty instead of payment under section 5544 or section 7 of the Fair Labor Standards Act of 1938 for an equal amount of time spent in irregular or occasional overtime work. An agency head may not require an employee to be compensated for overtime work with an equivalent amount of compensatory time-off from the employee's tour of duty.
(c) The Architect of the Capitol may grant an employee paid on an annual basis compensatory time off from duty instead of overtime pay for overtime work.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 30, 1945, ch. 212, §202, |
In subsection (a), the words "head of an agency" are substituted for "head of any department, independent establishment, or agency, including Government-owned or controlled corporations, or of the municipal government of the District of Columbia, or the head of any legislative or judicial agency to which this subchapter applies" because of the definition of "agency" and the application stated in section 5541.
In subsection (a)(1), the word "officer" is omitted as included in "employee".
In subsection (a)(2), the words "at his own discretion" are omitted as unnecessary in view of the permissive nature of the authority. The word "officer" is omitted as included in "employee". The word "scheduled" is omitted since section 603 of the Act of Oct. 11, 1962,
In subsection (b), the words "in his discretion" are omitted as unnecessary in view of the permissive nature of the authority. The words "overtime work" are substituted for "any work in excess of forty hours in any regularly scheduled administrative workweek" because of the definition of "overtime work" in section 5542(a).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5543(a)(2) | 5 App.: 912. | July 18, 1966, |
References in Text
Section 7 of the Fair Labor Standards Act of 1938, referred to in subsecs. (a)(1) and (b), is classified to
GS–10, referred to in subsec. (a)(2), is contained in the General Schedule which is set out under
Amendments
1996—Subsecs. (b), (c).
1990—Subsec. (a)(1).
Subsec. (a)(2).
Effective Date of 1990 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5544. Wage-board overtime and Sunday rates; computation
(a) An employee whose pay is fixed and adjusted from time to time in accordance with prevailing rates under
(1) If the basic rate of pay of the employee is fixed on a basis other than an annual or monthly basis, multiply the basic hourly rate of pay by not less than one and one-half.
(2) If the basic rate of pay of the employee is fixed on an annual basis, divide the basic annual rate of pay by 2,087, and multiply the quotient by one and one-half.
(3) If the basic rate of pay of the employee is fixed on a monthly basis, multiply the basic monthly rate of pay by 12 to derive a basic annual rate of pay, divide the basic annual rate of pay by 2,087, and multiply the quotient by one and one-half.
An employee subject to this subsection whose regular work schedule includes an 8-hour period of service a part of which is on Sunday is entitled to additional pay at the rate of 25 percent of his hourly rate of basic pay for each hour of work performed during that 8-hour period of service. For employees serving outside the United States in areas where Sunday is a routine workday and another day of the week is officially recognized as the day of rest and worship, the Secretary of State may designate the officially recognized day of rest and worship as the day with respect to which the preceding sentence shall apply instead of Sunday. Time spent in a travel status away from the official duty station of an employee subject to this subsection is not hours of work unless the travel (i) involves the performance of work while traveling, (ii) is incident to travel that involves the performance of work while traveling, (iii) is carried out under arduous conditions, or (iv) results from an event which could not be scheduled or controlled administratively. The first and third sentences of this subsection shall not be applicable to an employee who is subject to the overtime pay provisions of section 7 of the Fair Labor Standards Act of 1938. In the case of an employee who would, were it not for the preceding sentence, be subject to the first and third sentences of this subsection, the Office of Personnel Management shall by regulation prescribe what hours shall be deemed to be hours of work and what hours of work shall be deemed to be overtime hours for the purpose of such section 7 so as to ensure that no employee receives less pay by reason of the preceding sentence.
(b) An employee under the Office of the Architect of the Capitol who is paid on a daily or hourly basis and who is not subject to
(c) The provisions of this section, including the last two sentences of subsection (a) and the provisions of section 5543(b), shall apply to a prevailing rate employee described in section 5342(a)(2)(B).
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Mar. 28, 1934, ch. 102, §23 (proviso), |
|
Aug. 13, 1962, |
||
June 30, 1945, ch. 212, §203, |
||
(b) | June 30, 1945, ch. 212, §503 (as applicable to §23 of the Act of Mar. 28, 1934, ch. 102, |
In subsection (a), former sections 673c (2d proviso) and 913 are combined and restated for clarity and conciseness. The last 28 words of section 205(a) of the Act of Sept. 1, 1954,
Subsection (b) is restated to conform to subsection (a). In former section 933, the words "Classification Act of 1949" were substituted for "Classification Act of 1923" on authority of section 1106(a) of the Act of Oct. 28, 1949, ch. 782,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5544(a) | 5 App.: 673c (last proviso of 1st par.). | July 18, 1966, |
The words "a part of which is on Sunday" are coextensive with and substituted for "any part of which is within the period commencing at midnight Saturday and ending at midnight Sunday." The words "is entitled to additional pay" are coextensive with and substituted for "shall be paid extra compensation."
References in Text
Section 7 of the Fair Labor Standards Act of 1938, referred to in subsec. (a), is classified to
Amendments
1998—Subsec. (a).
1996—Subsec. (c).
1992—Subsec. (a).
Subsec. (a)(2), (3).
Subsec. (c).
1990—Subsec. (a).
1972—Subsec. (a).
1967—Subsec. (a).
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Canal Zone Employees
Section 17(3) of
Section Referred to in Other Sections
This section is referred to in
§5545. Night, standby, irregular, and hazardous duty differential
(a) Except as provided by subsection (b) of this section, nightwork is regularly scheduled work between the hours of 6:00 p.m. and 6:00 a.m., and includes—
(1) periods of absence with pay during these hours due to holidays; and
(2) periods of leave with pay during these hours if the periods of leave with pay during a pay period total less than 8 hours.
Except as otherwise provided by subsection (c) of this section, an employee is entitled to pay for nightwork at his rate of basic pay plus premium pay amounting to 10 percent of that basic rate. This subsection and subsection (b) of this section do not modify
(b) The head of an agency may designate a time after 6:00 p.m. and a time before 6:00 a.m. as the beginning and end, respectively, of nightwork for the purpose of subsection (a) of this section, at a post outside the United States where the customary hours of business extend into the hours of nightwork provided by subsection (a) of this section.
(c) The head of an agency, with the approval of the Office of Personnel Management, may provide that—
(1) an employee in a position requiring him regularly to remain at, or within the confines of, his station during longer than ordinary periods of duty, a substantial part of which consists of remaining in a standby status rather than performing work, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for irregular, unscheduled overtime duty in excess of his regularly scheduled weekly tour. Premium pay under this paragraph is determined as an appropriate percentage, not in excess of 25 percent, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS–10 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law) (or, for a position described in
(2) an employee in a position in which the hours of duty cannot be controlled administratively, and which requires substantial amounts of irregular, unscheduled overtime duty with the employee generally being responsible for recognizing, without supervision, circumstances which require the employee to remain on duty, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for regularly scheduled overtime, night, and Sunday duty, and for holiday duty. Premium pay under this paragraph is an appropriate percentage, not less than 10 percent nor more than 25 percent, of the rate of basic pay for the position, as determined by taking into consideration the frequency and duration of irregular, unscheduled overtime duty required in the position.
(d) The Office shall establish a schedule or schedules of pay differentials for duty involving unusual physical hardship or hazard. Under such regulations as the Office may prescribe, and for such minimum periods as it determines appropriate, an employee to whom
(1) does not apply to an employee in a position the classification of which takes into account the degree of physical hardship or hazard involved in the performance of the duties thereof, except in such circumstances as the Office may by regulation prescribe; and
(2) may not exceed an amount equal to 25 percent of the rate of basic pay applicable to the employee.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a), (b) | June 30, 1945, ch. 212, §301, |
|
(c) | Sept. 1, 1954, ch. 1208, §208(a), July 18, 1958, |
In subsection (b), the words "head of an agency" are substituted for "head of any department, independent establishment, or agency, including Government-owned or controlled corporations" because of the definition of "agency" and the application stated in section 5541. The words "the United States" are substituted for "the several States and the District of Columbia".
In subsection (c), the words "head of an agency" are substituted for "head of any department, independent establishment, or agency, including Government-owned or controlled corporations, or of the municipal government of the District of Columbia" because of the definition of "agency" and the application stated in section 5541. The word "officer" is omitted as included in "employee". The word "scheduled" is omitted since section 603 of the Act of Oct. 11, 1962,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5545(c) | 5 App.: 926. | July 18, 1966, |
5545(d) | 5 App.: 1134. | July 19, 1966, |
In the second sentence of subsection (d), the words "Under such regulations as the Commission may prescribe, and for such minimum periods as it determines appropriate" are substituted for clauses (3) and (4) of the third sentence of 5 App. U.S.C. 1134. That requirement in clause (4) that the Commission prescribe regulations is codified in
In subsection (d)(1), the words "does not apply to an employee" are substituted for "shall not be applicable with respect to any officer or employee."
In subsection (d)(2), the words "may not . . . applicable to the employee" are substituted for "shall not . . . applicable with respect to such officer or employee".
References in Text
GS–10, referred to in subsec. (c)(1), is contained in the General Schedule which is set out under
Amendments
1992—Subsec. (d).
1990—Subsec. (c)(1).
Subsec. (d).
1989—Subsec. (c)(2).
1982—Subsec. (a).
1979—Subsec. (c)(2).
1978—Subsecs. (c), (d).
1975—
1970—Subsec. (c)(2).
1968—Subsec. (c)(1).
1967—Subsec. (e)(2).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1989 Amendment
Section 1(b) of
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5545a. Availability pay for criminal investigators
(a) For purposes of this section—
(1) the term "available" refers to the availability of a criminal investigator and means that an investigator shall be considered generally and reasonably accessible by the agency employing such investigator to perform unscheduled duty based on the needs of an agency;
(2) the term "criminal investigator" means a law enforcement officer as defined under section 5541(3) (other than an officer occupying a position under title II of
(A) possess a knowledge of investigative techniques, laws of evidence, rules of criminal procedure, and precedent court decisions concerning admissibility of evidence, constitutional rights, search and seizure, and related issues;
(B) recognize, develop, and present evidence that reconstructs events, sequences and time elements for presentation in various legal hearings and court proceedings;
(C) demonstrate skills in applying surveillance techniques, undercover work, and advising and assisting the United States Attorney in and out of court;
(D) demonstrate the ability to apply the full range of knowledge, skills, and abilities necessary for cases which are complex and unfold over a long period of time (as distinguished from certain other occupations that require the use of some investigative techniques in short-term situations that may end in arrest or detention);
(E) possess knowledge of criminal laws and Federal rules of procedure which apply to cases involving crimes against the United States, including—
(i) knowledge of the elements of a crime;
(ii) evidence required to prove the crime;
(iii) decisions involving arrest authority;
(iv) methods of criminal operations; and
(v) availability of detection devices; and
(F) possess the ability to follow leads that indicate a crime will be committed rather than initiate an investigation after a crime is committed;
(3) the term "unscheduled duty" means hours of duty a criminal investigator works, or is determined to be available for work, that are not—
(A) part of the 40 hours in the basic work week of the investigator; or
(B) overtime hours paid under section 5542; and
(4) the term "regular work day" means each day in the investigator's basic work week during which the investigator works at least 4 hours that are not overtime hours paid under section 5542 or hours considered part of section 5545a.
(b) The purpose of this section is to provide premium pay to criminal investigators to ensure the availability of criminal investigators for unscheduled duty in excess of a 40 hour work week based on the needs of the employing agency.
(c) Each criminal investigator shall be paid availability pay as provided under this section. Availability pay shall be paid to ensure the availability of the investigator for unscheduled duty. The investigator is generally responsible for recognizing, without supervision, circumstances which require the investigator to be on duty or be available for unscheduled duty based on the needs of the agency. Availability pay provided to a criminal investigator for such unscheduled duty shall be paid instead of premium pay provided by other provisions of this subchapter, except premium pay for regularly scheduled overtime work as provided under section 5542, night duty, Sunday duty, and holiday duty.
(d)(1) A criminal investigator shall be paid availability pay, if the average of hours described under paragraph (2)(A) and (B) is equal to or greater than 2 hours.
(2) The hours referred to under paragraph (1) are—
(A) the annual average of unscheduled duty hours worked by the investigator in excess of each regular work day; and
(B) the annual average of unscheduled duty hours such investigator is available to work on each regular work day upon request of the employing agency.
(3) Unscheduled duty hours which are worked by an investigator on days that are not regular work days shall be considered in the calculation of the annual average of unscheduled duty hours worked or available for purposes of certification.
(4) An investigator shall be considered to be available when the investigator cannot reasonably and generally be accessible due to a status or assignment which is the result of an agency direction, order, or approval as provided under subsection (f)(1).
(e)(1) Each criminal investigator receiving availability pay under this section and the appropriate supervisory officer, to be designated by the head of the agency, shall make an annual certification to the head of the agency that the investigator has met, and is expected to meet, the requirements of subsection (d). The head of a law enforcement agency may prescribe regulations necessary to administer this subsection.
(2) Involuntary reduction in pay resulting from a denial of certification under paragraph (1) shall be a reduction in pay for purposes of
(f)(1) A criminal investigator who is eligible for availability pay shall receive such pay during any period such investigator is—
(A) attending agency sanctioned training;
(B) on agency approved sick leave or annual leave;
(C) on agency ordered travel status; or
(D) on excused absence with pay for relocation purposes.
(2) Notwithstanding paragraph (1)(A), agencies or departments may provide availability pay to investigators during training which is considered initial, basic training usually provided in the first year of service.
(3) Agencies or departments may provide availability pay to investigators when on excused absence with pay, except as provided in paragraph (1)(D).
(g) Section 5545(c) shall not apply to any criminal investigator who is paid availability pay under this section.
(h) Availability pay under this section shall be—
(1) 25 percent of the rate of basic pay for the position; and
(2) treated as part of the basic pay for purposes of—
(A) sections 5595(c), 8114(e), 8331(3), and 8704(c); and
(B) such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe.
(i) The provisions of subsections (a)–(h) providing for availability pay shall apply to a pilot employed by the United States Customs Service who is a law enforcement officer as defined under section 5541(3). For the purpose of this section,
(j) Notwithstanding any other provision of this section, any Office of Inspector General which employs fewer than 5 criminal investigators may elect not to cover such criminal investigators under this section.
(k)(1) For purposes of this section, the term "criminal investigator" includes a special agent occupying a position under title II of
(A) meets the definition of such term under paragraph (2) of subsection (a) (applied disregarding the parenthetical matter before subparagraph (A) thereof); and
(B) such special agent satisfies the requirements of subsection (d) without taking into account any hours described in paragraph (2)(B) thereof.
(2) In applying subsection (h) with respect to a special agent under this subsection—
(A) any reference in such subsection to "basic pay" shall be considered to include amounts designated as "salary";
(B) paragraph (2)(A) of such subsection shall be considered to include (in addition to the provisions of law specified therein) sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act of 1980; and
(C) paragraph (2)(B) of such subsection shall be applied by substituting for "Office of Personnel Management" the following: "Office of Personnel Management or the Secretary of State (to the extent that matters exclusively within the jurisdiction of the Secretary are concerned)".
(Added
References in Text
Title II of
Sections 609(b)(1), 805, 806, and 856 of the Foreign Service Act of 1980, referred to in subsec. (k)(2)(B), are classified to sections 4009(b)(1), 4045, 4046, and 4071e, respectively, of Title 22, Foreign Relations and Intercourse.
Amendments
1998—Subsec. (a)(2).
Subsec. (k).
1996—Subsec. (h)(2)(A).
1995—Subsec. (a)(2).
Subsec. (a)(2)(E)(v).
Subsec. (i).
Subsec. (j).
Effective Date of 1998 Amendment
For effective date of amendment by
Effective Date of 1996 Amendment
Section 101(f) [title VI, §659 [title II, §207]] of
Effective Date of 1995 Amendment
Section 902(b) of
Effective Date
Section 633(e) of
"(1) Criminal investigators, employed in Offices of Inspectors General, who are not receiving administratively uncontrollable overtime compensation or who are receiving such premium pay at a rate less than 25 percent prior to the date of enactment of this Act, may implement availability pay at any time prior to September 30, 1995, after which date availability pay as authorized under this section shall be provided to such criminal investigators.
"(2) Criminal investigators, employed by Offices of Inspectors General, who are receiving administratively uncontrollable overtime at a rate less than 25 percent, shall continue to receive this compensation at the same rate or higher until availability pay compensation is provided, which shall be no later than the last pay period ending on or before September 30, 1995."
Implementation
Certification of Criminal Investigators
Section 633(f) of
Section Referred to in Other Sections
This section is referred to in
§5545b. Pay for firefighters
(a) This section applies to an employee whose position is classified in the firefighter occupation in conformance with the GS–081 standard published by the Office of Personnel Management, and whose normal work schedule, as in effect throughout the year, consists of regular tours of duty which average at least 106 hours per biweekly pay period.
(b)(1) If the regular tour of duty of a firefighter subject to this section generally consists of 24-hour shifts, rather than a basic 40-hour workweek (as determined under regulations prescribed by the Office of Personnel Management), section 5504(b) shall be applied as follows in computing pay—
(A) paragraph (1) of such section shall be deemed to require that the annual rate be divided by 2756 to derive the hourly rate; and
(B) the computation of such firefighter's daily, weekly, or biweekly rate shall be based on the hourly rate under subparagraph (A);
(2) For the purpose of sections 5595(c), 5941, 8331(3), and 8704(c), and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe, the basic pay of a firefighter subject to this subsection shall include an amount equal to the firefighter's basic hourly rate (as computed under paragraph (1)(A)) for all hours in such firefighter's regular tour of duty (including overtime hours).
(c)(1) If the regular tour of duty of a firefighter subject to this section includes a basic 40-hour workweek (as determined under regulations prescribed by the Office of Personnel Management), section 5504(b) shall be applied as follows in computing pay—
(A) the provisions of such section shall apply to the hours within the basic 40-hour workweek;
(B) for hours outside the basic 40-hour workweek, such section shall be deemed to require that the hourly rate be derived by dividing the annual rate by 2756; and
(C) the computation of such firefighter's daily, weekly, or biweekly rate shall be based on subparagraphs (A) and (B), as each applies to the hours involved.
(2) For purposes of sections 5595(c), 5941, 8331(3), and 8704(c), and for such other purposes as may be expressly provided for by law or as the Office of Personnel Management may by regulation prescribe, the basic pay of a firefighter subject to this subsection shall include—
(A) an amount computed under paragraph (1)(A) for the hours within the basic 40-hour workweek; and
(B) an amount equal to the firefighter's basic hourly rate (as computed under paragraph (1)(B)) for all hours outside the basic 40-hour workweek that are within such firefighter's regular tour of duty (including overtime hours).
(d)(1) A firefighter who is subject to this section shall receive overtime pay in accordance with section 5542, but shall not receive premium pay provided by other provisions of this subchapter.
(2) For the purpose of applying section 7(k) of the Fair Labor Standards Act of 1938 to a firefighter who is subject to this section, no violation referred to in such section 7(k) shall be deemed to have occurred if the requirements of section 5542(a) are met, applying section 5542(a) as provided in subsection (f) of that section: Provided, That the overtime hourly rate of pay for such firefighter shall in all cases be an amount equal to one and one-half times the firefighter's hourly rate of basic pay under subsection (b)(1)(A) or (c)(1)(B) of this section, as applicable.
(3) The Office of Personnel Management may prescribe regulations, with respect to firefighters subject to this section, that would permit an agency to reduce or eliminate the variation in the amount of firefighters' biweekly pay caused by work scheduling cycles that result in varying hours in the regular tours of duty from pay period to pay period. Under such regulations, the pay that a firefighter would otherwise receive for regular tours of duty over the work scheduling cycle shall, to the extent practicable, remain unaffected.
(Added
References in Text
Section 7(k) of the Fair Labor Standards Act of 1938, referred to in subsec. (d)(2), is classified to
Effective Date
Section effective on first day of first applicable pay period which begins on or after Oct. 1, 1998, see section 101(h) [title VI, §628(e)] of
Regulations
Eligibility for Pay Increase
"(a) The treatment provided to firefighters under section 628(f) of the Treasury and General Government Appropriations Act, 1999 (as included in section 101(h) of division A of the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (
"(1) on the effective date of
"(A) was subject to such section; and
"(B) had a regular tour of duty that averaged more than 60 hours per week; and
"(2) before December 31, 1999, is involuntarily moved without a break in service from the regular tour of duty under paragraph (1) to a regular tour of duty that—
"(A) averages 60 hours or less per week; and
"(B) does not include a basic 40-hour workweek.
"(b) Subsection (a) shall apply to firefighters described under that subsection as of the effective date of
"(c) The Office of Personnel Management may prescribe regulations necessary to implement this section."
No Reduction in Regular Pay
Section Referred to in Other Sections
This section is referred to in
§5546. Pay for Sunday and holiday work
(a) An employee who performs work during a regularly scheduled 8-hour period of service which is not overtime work as defined by
(b) An employee who performs work on a holiday designated by Federal Statute, Executive order, or with respect to an employee of the government of the District of Columbia, by order of the District of Columbia Council, is entitled to pay at the rate of his basic pay, plus premium pay at a rate equal to the rate of his basic pay, for that holiday work which is not—
(1) in excess of 8 hours; or
(2) overtime work as defined by
(c) An employee who is required to perform any work on a designated holiday is entitled to pay for at least 2 hours of holiday work.
(d) An employee who performs overtime work as defined by
(e) Premium pay under this section is in addition to premium pay which may be due for the same work under section 5545(a) and (b) of this title, providing premium pay for nightwork.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 30, 1945, ch. 212, §302, |
||
May 24, 1946, ch. 270, §11, |
||
Sept. 1, 1954, ch. 1208, §207, |
||
July 18, 1958, |
In subsections (a) and (b), the word "officer" is omitted as included in "employee".
In subsections (b) and (c), the word "designated" is substituted for "such a" and "such" in former section 922(b) and (c) to identify the holiday as one designated by statute, Executive order, or the Board of Commissioners of the District of Columbia.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5546(a) | 5 App.: 921a. | July 18, 1966, |
In subsection (a), the words "An employee who performs work . . . is entitled to pay . . . at the rate of his basic pay" are coextensive with and substituted for "Any . . . service . . . performed . . . shall be compensated . . . at the rate of basic compensation of the officer or employee performing such work." The words "
Amendments
1998—Subsec. (a).
1968—Subsec. (b).
Subsec. (d).
Effective Date of 1968 Amendment
Amendment by
Transfer of Functions
District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by
Condition of Performance
Similar provisions were contained in the following prior appropriations act:
Cross References
Legal public holidays, see
Section Referred to in Other Sections
This section is referred to in
§5546a. Differential pay for certain employees of the Federal Aviation Administration and the Department of Defense
(a) The Administrator of the Federal Aviation Administration (hereafter in this section referred to as the "Administrator") and the Secretary of Defense (hereafter in this section referred to as the "Secretary") may pay premium pay at the rate of 5 per centum of the applicable rate of basic pay to—
(1) any employee of the Federal Aviation Administration or the Department of Defense who is—
(A) occupying a position in the air traffic controller series classified not lower than GS–9 and located in an air traffic control center or terminal or in a flight service station;
(B) assigned to a position classified not lower than GS–09 or WG–10 located in an airway facilities sector; or
(C) assigned to a flight inspection crew-member position classified not lower than GS–11 located in a flight inspection field office,
the duties of whose position are determined by the Administrator or the Secretary to be directly involved in or responsible for the operation and maintenance of the air traffic control system; and
(2) any employee of the Federal Aviation Administration or the Department of Defense who is assigned to a flight test pilot position classified not lower than GS-12 located in a region or center, the duties of whose position are determined by the Administrator or the Secretary to be unusually taxing, physically or mentally, and to be critical to the advancement of aviation safety; and
(3) any employee of the Federal Aviation Administration who occupies a position at the Federal Aviation Administration Academy, Oklahoma City, Oklahoma, the duties of which are determined by the Administrator to require the individual to be actively engaged in or directly responsible for training employees to perform the duties of a position described in subparagraph (a); (b); or (c) or paragraph (1) of this subsection, and who, immediately prior to assuming such position at such Academy, occupied a position referred to in subparagraph (a), (b), or (c) of paragraph (1) of this subsection.
(b) The premium pay payable under any subsection of this section is in addition to basic pay and to premium pay payable under any other subsection of this section and any other provision of this subchapter.
(c)(1) The Administrator or the Secretary may pay premium pay to any employee of the Federal Aviation Administration or the Department of Defense who—
(A) is an air traffic controller located in an air traffic control center or terminal;
(B) is not required as a condition of employment to be certified by the Administrator or the Secretary as proficient and medically qualified to perform duties including the separation and control of air traffic; and
(C) is so certified.
(2) Premium pay paid under paragraph (1) of this subsection shall be paid at the rate of 1.6 per centum of the applicable rate of basic pay for so long as such employee is so certified.
(d)(1) The Administrator or the Secretary may pay premium pay to any air traffic controller of the Federal Aviation Administration or the Department of Defense who is assigned by the Administrator or the Secretary to provide on-the-job training to another air traffic controller while such other air traffic controller is directly involved in the separation and control of live air traffic.
(2) Premium pay paid under paragraph (1) of this subsection shall be paid at the rate of 10 per centum of the applicable hourly rate of basic pay times the number of hours and portion of an hour during which the air traffic controller of the Federal Aviation Administration or the Department of Defense provides on-the-job training.
(e)(1) The Administrator or the Secretary may pay premium pay to any air traffic controller or flight service station specialist of the Federal Aviation Administration or the Department of Defense who, while working a regularly scheduled eight-hour period of service, is required by his supervisor to work during the fourth through sixth hour of such period without a break of thirty minutes for a meal.
(2) Premium pay paid under paragraph (1) of this subsection shall be paid at the rate of 50 per centum of one-half of the applicable hourly rate of basic pay.
(f)(1) The Administrator or the Secretary shall prescribe standards for determining which air traffic controllers and other employees of the Federal Aviation Administration or the Department of Defense are to be paid premium pay under this section.
(2) The Administrator and the Secretary may prescribe such rules as he determines are necessary to carry out the provisions of this section.
(Added
Amendments
1984—
Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsecs. (c)(1), (d), (e)(1), (f)(1).
Subsec. (f)(2).
1982—Subsec. (a)(3).
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Section 145(b) of
Effective Date
Section 151(h)(1), (2) of
"(1) The amendments made by subsections 152 [151] (b), (c), (e), and (g) of this joint resolution [enacting subsecs. (a) and (b) of this section and amending
"(2) The amendments made by subsection 152 [151] (a) and subsection 152 [151] (d) of this joint resolution [enacting subsecs. (c)–(f) of this section and amending
Section Referred to in Other Sections
This section is referred to in
§5547. Limitation on premium pay
(a) An employee may be paid premium pay under sections 5542, 5545(a), (b), and (c), 5545a, and 5546(a) and (b) of this title only to the extent that the payment does not cause his aggregate rate of pay for any pay period to exceed the maximum rate for GS–15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law). The first sentence of this subsection shall not apply to any employee of the Federal Aviation Administration or the Department of Defense who is paid premium pay under
(b)(1) Subject to regulations prescribed by the Office of Personnel Management, the first sentence of subsection (a) shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency which involves a direct threat to life or property, including a forest wildfire emergency.
(2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) if, or to the extent that, the aggregate of such employee's basic pay and premium pay under those provisions would, in any calendar year, exceed the maximum rate payable for GS–15 in effect at the end of such calendar year.
(c)(1) Subsections (a) and (b) shall not apply to a law enforcement officer.
(2) A law enforcement officer may be paid premium pay under the provisions of law cited in the first sentence of subsection (a) only to the extent that the payment does not cause the officer's aggregate rate of pay for any pay period to exceed the lesser of—
(A) 150 percent of the minimum rate payable for GS–15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or
(B) the rate payable for level V of the Executive Schedule.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 30, 1945, ch. 212, §603, |
||
July 3, 1948, ch. 830, §303(a), |
||
Sept. 1, 1954, ch. 1208, §209, |
Former section 943(a), (b) is combined and restated for clarity and conciseness. The word "officer" is omitted as included in "employee". The word "scheduled" is omitted since section 603 of the Act of Oct. 11, 1962,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
In the codification of
References in Text
GS–15, referred to in subsecs. (a), (b)(2), and (c)(2)(A), is contained in the General Schedule which is set out under
Level V of the Executive Schedule, referred to in subsec. (c)(2)(B), is set out in
Amendments
1994—Subsec. (a).
1992—Subsec. (c)(3).
1990—Subsec. (a).
Subsec. (b).
Subsec. (c).
1988—
1984—
1982—
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 529 [title II, §204] of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Short Title of 1988 Amendment
Section 1 of
Section Referred to in Other Sections
This section is referred to in title 2 section 1371.
§5548. Regulations
(a) The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this subchapter, except section 5545(d) insofar as this subchapter affects employees in or under an Executive agency.
(b) The Office shall prescribe regulations necessary for the administration of section 5545(d).
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 30, 1945, ch. 212, §605, |
The words "an Executive agency" are substituted for "the executive branch of the Government" to conform to the definition in section 105. Applicability of this section to employees of the General Accounting Office is based on former section 933a.
The remainder of the authority is covered by sections 5504 and 6101.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5548(b) | 5 App.: 1072 (as applicable to 5 App.: 1134.) | Oct. 28, 1949, ch. 782, §1101 (as applicable to §804, added July 19, 1966, |
5 App.: 1134(4) (6th through 9th words). | July 19, 1966, |
This section consolidates into
Amendments
1992—Subsec. (b).
1978—Subsecs. (a), (b).
1972—Subsec. (a).
Subsec. (b).
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Delegation of Functions
Function vested in Office of Personnel Management under this section to be performed without approval of President, see section 1(1) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under
Section Referred to in Other Sections
This section is referred to in title 2 section 1371.
§5549. Effect on other statutes
This subchapter does not prevent payment for overtime services or for Sunday or holiday work under any of the following statutes—
(1)
(2)
(3) sections 261,1 267, 1450, 1451, 1451a,1 and 1452 of title 19;
(4)
(5)
However, an employee may not receive premium pay under this subchapter for the same services for which he is paid under one of these statutes.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 30, 1945, ch. 212, §601, |
In paragraph (2), the words "
In paragraph (5), the words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1983—Par. (4).
Section Referred to in Other Sections
This section is referred to in title 2 section 1371.
1 See References in Text note below.
[§5550. Repealed. Pub. L. 102–378, §2(44)(A), Oct. 2, 1992, 106 Stat. 1352 ]
Section, added
§5550a. Compensatory time off for religious observances
(a) Not later than 30 days after the date of the enactment of this section, the Office of Personnel Management shall prescribe regulations providing for work schedules under which an employee whose personal religious beliefs require the abstention from work during certain periods of time, may elect to engage in overtime work for time lost for meeting those religious requirements. Any employee who so elects such overtime work shall be granted equal compensatory time off from his scheduled tour of duty (in lieu of overtime pay) for such religious reasons, notwithstanding any other provision of law.
(b) In the case of any agency described in subparagraphs (C) through (G) of
(c) Regulations under this section may provide for such exceptions as may be necessary to efficiently carry out the mission of the agency or agencies involved.
(Added
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of
Amendments
1979—Subsecs. (a), (b).
Effective Date of 1979 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 2 section 1371.
SUBCHAPTER VI—PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5551. Lump-sum payment for accumulated and accrued leave on separation
(a) An employee as defined by
(b) The accumulated and current accrued annual leave to which an officer excepted from subchapter I of
(c)(1) Annual leave that is restored to an employee of the Department of Defense under
(2) A position referred to in paragraph (1) is a position in a department or agency of the Federal Government outside the Department of Defense or a Department of Defense position that is not located at a Department of Defense installation being closed or realigned as described in
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Dec. 21, 1944, ch. 632, §1 (less 1st proviso, and less so much of last sentence as precedes 2d proviso), |
|
July 2, 1953, ch. 178, §4(a) (1st and 5th sentences), |
||
(b) | July 2, 1953, ch. 178, §2(a), |
In subsection (a), the words "An employee as defined by
In subsection (b)(2), reference to the limitation imposed by section 5 of the Act of July 2, 1953, ch. 178,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (c).
1991—Subsec. (a).
1990—Subsec. (a).
1980—Subsec. (a).
1978—Subsec. (b).
1973—Subsec. (a).
Subsec. (b).
Effective Date of 1996 Amendment
Section 1611(b) of
Effective Date of 1991 Amendment
Section 147(b)(2) of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1980 Amendment
Section 402(b) of
Effective Date of 1978 Amendment
Section 4 of
"(a) The amendments made by the first section and section 2 of this Act [amending this section and
"(b) The amendment made by section 3 of this Act [amending
Cross References
Members of armed forces, payments for unused accrued leave, see
Section Referred to in Other Sections
This section is referred to in
§5552. Lump-sum payment for accumulated and accrued leave on entering active duty; election
An employee as defined by
(1) receive, in addition to his pay and allowances from the armed forces, a lump-sum payment for accumulated and current accrued annual or vacation leave in accordance with
(2) elect to have the leave remain to his credit until his return from active duty.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 1, 1941, ch. 348, |
The words "An employee as defined by
The words "subsequent to May 1, 1940" are omitted as obsolete. The words "active duty in the armed forces" and "active duty" are substituted for "active military or naval service in the land or naval forces of the United States" and "active military or naval service", respectively, on authority of the National Security Act of 1947,
In paragraph (1), the words "in accordance with
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§5553. Regulations
The Office of Personnel Management may prescribe regulations necessary for the administration of this subchapter.
(Added
SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5561. Definitions
For the purpose of this subchapter—
(1) "agency" means an Executive agency and a military department;
(2) "employee" means an employee in or under an agency who is a citizen or national of the United States or an alien admitted to the United States for permanent residence, but does not include a part-time or intermittent employee or native labor casually hired on an hourly or daily basis. However, such an employee who enters a status listed in paragraph (5)(A)–(E) of this section—
(A) inside the continental United States; or
(B) who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or in a foreign country and who was not living there solely as a result of his employment;
is an employee for the purpose of this subchapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agency;
(3) "dependent" means—
(A) a wife;
(B) an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age;
(C) a dependent mother or father;
(D) a dependent designated in official records; and
(E) an individual determined to be dependent by the head of the agency concerned or his designee;
(4) "active service" means active Federal service by an employee;
(5) "missing status" means the status of an employee who is in active service and is officially carried or determined to be absent in a status of—
(A) missing;
(B) missing in action;
(C) interned in a foreign country;
(D) captured, beleaguered, or besieged by a hostile force; or
(E) detained in a foreign country against his will;
but does not include the status of an employee for a period during which he is officially determined to be absent from his post of duty without authority; and
(6) "pay and allowances" means—
(A) basic pay;
(B) special pay;
(C) incentive pay;
(D) basic allowance for housing;
(E) basic allowance for subsistence; and
(F) station per diem allowances for not more than 90 days.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(1)–(4) | 50A U.S.C. 1001. | Mar. 7, 1942, ch. 166, §1, |
July 1, 1944, ch. 371, §1, |
||
May 16, 1947, ch. 70, §1, |
||
Aug. 29, 1957, |
||
Aug. 14, 1964, |
||
(5) | 50A U.S.C. 1002(a) (3d through 66th words of 1st sentence, and 1st 28 words of 3d sentence, for definition purposes). | Mar. 7, 1942, ch. 166, §2(a) (3d through 66th words and 96th through 120th words of 1st sentence, and 1st 28 words of 3d sentence, for definition purposes); added |
Aug. 29, 1957, |
||
Aug. 14, 1964, |
||
(5) | 50A U.S.C. 1014 (as applicable to §1002(a) (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §2(a) (1st sentence)), |
(6) | 50A U.S.C. 1002(a) (96th through 120th words of 1st sentence, for definition purposes). |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In paragraph (1), the word "agency" is substituted for "department". The words "including such term when used in the amendment made by section 16" are omitted as surplusage. The words "an Executive agency and a military department" are coextensive with and substituted for "any executive department, independent establishment, or agency (including corporations) in the executive branch of the Federal Government" in view of the definitions in sections 105 and 102, and on authority of
In paragraph (3)(A), the word "lawful" is omitted as unnecessary in view of the accepted recognition of the fact that the word "wife" means a lawful wife. In paragraph (3)(E), the words "head of the agency concerned or his designee" are substituted for "head of the department concerned, or subordinate designated by him".
The definitions in paragraphs (5) and (6), which do not appear in, but are based on, the source law are created for legislative convenience.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1997—Par. (6)(D).
Effective Date of 1997 Amendment
Section 603(e) of
Accounting for Civilian Employees and Contractors of United States
Benefits for United States Hostages in Iraq and Kuwait and United States Hostages Captured in Lebanon
Hostage Relief
Executive Order No. 12268
Ex. Ord. No. 12268, Jan. 15, 1981, 46 F.R. 4671, provided for the implementation of the Hostage Relief Act of 1980 (
Executive Order No. 12313
Ex. Ord. No. 12313, July 13, 1981, 46 F.R. 36689, designated Jan. 11, 1981, as date on which all citizens and resident aliens of the United States who had been placed in captive status as a result of seizure of United States Embassy in Iran were returned to United States or otherwise accounted for and were no longer under foreign control.
Cross References
Payments to missing members of the uniformed services, see
Section Referred to in Other Sections
This section is referred to in
§5562. Pay and allowances; continuance while in a missing status; limitations
(a) An employee in a missing status is entitled to receive or have credited to his account, for the period he is in that status, the same pay and allowances to which he was entitled at the beginning of that period or may become entitled thereafter. Notwithstanding any other provision of law, an employee in a missing status on or after January 1, 1965, is entitled—
(1) to payment for annual leave which accrued to his account on or after January 1, 1965, but which was forfeited under
(2) to have all of that leave restored to him and credited to a separate leave account in accordance with the provisions of
An employee shall elect in writing, within 90 days immediately following December 14, 1973, or within 90 days immediately following the termination of his missing status, whichever is later, whether he desires payment for the leave under clause (1) of this subsection or credit of the leave under clause (2) of this subsection. Payment under clause (1) of this subsection shall be at the employee's rate of basic pay in effect at the time the leave was forfeited.
(b) Entitlement to pay and allowances under subsection (a) of this section ends on the date of—
(1) receipt by the head of the agency concerned of evidence that the employee is dead; or
(2) death prescribed or determined under
That entitlement does not end—
(A) on the expiration of the term of service or employment of an employee while he is in a missing status; or
(B) earlier than the dates prescribed in paragraphs (1) and (2) of this subsection if the employee dies while he is in a missing status.
(c) An employee who is officially determined to be absent from his post of duty without authority is indebted to the United States for payments of amounts credited to his account under subsection (a) of this section for the period of that absence.
(d) When an employee in a missing status is continued in that status under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | 50A U.S.C. 1002(a) (1st sentence, less last 46 words). | Mar. 7, 1942, ch. 166, §2(a) (1st 2 sentences and 3d sentence, less 1st 28 words); added |
Apr. 4, 1953, ch. 17, §1(a), |
||
Aug. 29, 1957, |
||
Aug. 14, 1964, |
||
50A U.S.C. 1014 (as applicable to §1002(a) (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §2(a) (1st sentence)), |
|
(b) | 50A U.S.C. 1002(a) (last 46 words of 1st sentence, and 2d sentence). | |
(c) | 50A U.S.C. 1002(a) (3d sentence, less 1st 28 words). | |
(d) | 50A U.S.C. 1006 (2d sentence, as applicable to pay and allowances). | Mar. 7, 1942, ch. 166, §6 (2d sentence, as applicable to pay and allowances); added Dec. 24, 1942, ch. 828, §1 (4th par.), Aug. 14, 1964, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "An employee in a missing status" are substituted for the first 66 words of 50A U.S.C. 1002(a) to conform to the definitions in section 5561(2) and (5). The words "pay and allowances" are substituted for the enumeration of pay and allowances in the first sentence of 50A U.S.C. 1002(a) to conform to the definition in sections 5561(6). The words "or is performing full-time training duty, other full-time duty, or inactive duty training" and "except that the pay and allowances for a person who is performing full-time training duty or other full-time duty without pay, or inactive duty training with or without pay, shall be that to which he would have been entitled if he had been performing full-time active duty with pay;" are omitted as inapplicable to civilian officers and employees.
In subsection (b), the words "under subsection (a) of this section" are inserted for clarity.
In subsection (c), the words "United States" are substituted for "Government" to conform to the style of this title. The words "under subsection (a) of this section" are inserted for clarity.
In subsection (d), the words "an employee in a missing status" are substituted for "a person missing under the conditions specified in section 2 of this Act" to conform to the definitions in section 5561(2) and (5).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1979—Subsec. (a).
1973—Subsec. (a).
Effective Date of 1979 Amendment
Amendment by
Former Employees or Their Beneficiaries
Section 7(b) of
Section Referred to in Other Sections
This section is referred to in
§5563. Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations
(a) An allotment (including one for the purchase of United States savings bonds) made by an employee before he was in a missing status may be continued for the period he is in that status, notwithstanding the end of the period for which the allotment was made.
(b) In the absence of an allotment or when an allotment is insufficient for a purpose authorized by the head of the agency concerned, he or his designee may authorize such a new or increased allotment as circumstances warrant, which is payable for the period the employee concerned is in a missing status.
(c) All allotments from the pay and allowances of an employee in a missing status may not total more than the amount of pay and allowances he is permitted to allot under regulations prescribed by the head of the agency concerned.
(d) A premium paid by the United States on insurance issued on the life of an employee, which is unearned because it covers a period after his death, reverts to the appropriation of the agency concerned.
(e) Subject to subsections (f) and (g) of this section, the head of the agency concerned or his designee may direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of an allotment from the pay and allowances of an employee in a missing status when that action is in the interests of the employee, his dependents, or the United States.
(f) When the head of the agency concerned officially reports that an employee in a missing status is alive, an allotment under subsections (a)–(d) of this section may be paid, subject to
(g) When an employee in a missing status is continued in that status under
(h) When the head of the agency concerned considers it essential for the well-being and protection of the dependents of an employee in active service (other than an employee in a missing status), he may, with or without the consent of the employee and subject to termination on specific request of the employee—
(1) direct the payment of a new allotment from the pay of the employee;
(2) increase or decrease the amount of an allotment made by the employee; and
(3) continue payment of an allotment of the employee which has expired.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | 50A U.S.C. 1003 (1st sentence). | Mar. 7, 1942, ch. 166, §3, |
July 1, 1944, ch. 371, §3, |
||
(b) | 50A U.S.C. 1003 (2d sentence, less proviso). | |
(c) | 50A U.S.C. 1003 (1st proviso of 2d sentence). | |
(d) | 50A U.S.C. 1003 (2d proviso of 2d sentence). | |
(e) | 50A U.S.C. 1004 | Mar. 7, 1942, ch. 166, §4, |
Dec. 24, 1942, ch. 828, §1 (2d par.), |
||
July 1, 1944, ch. 371, §4, |
||
(f) | 50A U.S.C. 1006 (1st sentence). | Mar. 7, 1942, ch. 166, §6 (1st sentence and 2d sentence, as applicable to allotments); added |
Dec. 24, 1942, ch. 828, §1 (4th par.), |
||
Apr. 4, 1953, ch. 17, §1(b), |
||
Aug. 14, 1964, |
||
50A U.S.C. 1014 (as applicable to §1006 (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §6 (1st sentence)), |
|
(g) | 50A U.S.C. 1006 (2d sentence, as applicable to allotments). | |
(h) | 50A U.S.C. 1007. | Mar. 7, 1942, ch. 166 §7, Aug. 14, 1964, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "employee . . . in a missing status" are substituted for the reference to "person . . . entitled under section 2 of this Act to receive or be credited with pay and allowances" to conform to the definitions in section 5561(2) and (5). The words "except as otherwise provided herein" are omitted as unnecessary.
In subsection (b), the words "head of the agency concerned, he or his designee" are substituted for "head of the department concerned . . . head of the department concerned, or such subordinate as he may designate". The word "employee" is substituted for "person" to conform to the definition in section 5561(2).
In subsection (c), the words "in effect" are omitted as surplusage. The words "employee in a missing status" are substituted for "absent person" to conform to the definitions in section 5561(2) and (5).
In subsection (d), the words "United States" are substituted for "Government" to conform to the style of this title. The word "employee" is substituted for "person" to conform to the definition in section 5561(2).
In subsection (e), the words "head of the agency concerned or his designee" are substituted for "head of the department concerned, or such subordinates as he may designate". The words "employee in a missing status" are substituted for "person entitled to receive or be credited with pay and allowances under section 2 of this Act" to conform to the definitions in section 5561(2) and (5). The words "United States" are substituted for "Government" to conform to the style of this title.
In subsections (f) and (g), the words "employee in a missing status" are substituted for "person missing under the conditions specified in section 2 of this Act" to conform to the definitions in section 5561(2) and (5).
In subsection (h), the words "employee in a missing status" are substituted for "persons entitled under section 2 or 14 of this Act to receive pay and allowances" to conform to the definitions in section 5561(2) and (5). In paragraph (2), the words "heretofore or hereafter" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§5564. Travel and transportation; dependents; household and personal effects; motor vehicles; sale of bulky items; claims for proceeds; appropriation chargeable
(a) For the purpose of this section, "household and personal effects" and "household effects" may include, in addition to other authorized weight allowances, one privately owned motor vehicle which may be shipped at United States expense.
(b) Transportation (including packing, crating, draying, temporarily storing, and unpacking of household and personal effects) may be provided for the dependents and household and personal effects of an employee in active service (without regard to pay grade) who is officially reported as dead, injured, or absent for more than 29 days in a status listed in section 5561(5) (A)–(E) of this title to—
(1) the official residence of record for the employee;
(2) the residence of his dependent, next of kin, or other person entitled to the effects under regulations prescribed by the head of the agency concerned; or
(3) another location determined in advance or later approved by the head of the agency concerned or his designee on request of the employee (if injured) or his dependent, next of kin, or other person described in paragraph (2) of this subsection.
(c) When an employee described in subsection (b) of this section is in an injured status, transportation of dependents and household and personal effects may be provided under this section only when prolonged hospitalization or treatment is anticipated.
(d) Transportation on request of a dependent may be authorized under this section only when there is a reasonable relationship between the circumstances of the dependent and the destination requested.
(e) Instead of providing transportation for dependents under this section, when the travel has been completed the head of the agency concerned may authorize—
(1) reimbursement for the commercial cost of the transportation; or
(2) a monetary allowance, instead of transportation, as authorized by statute for the whole or that part of the travel for which transportation in kind was not furnished.
(f) The head of the agency concerned may store the household and personal effects of an employee described in subsection (b) of this section until proper disposition can be made. The cost of the storage and transportation (including packing, crating, draying, temporarily storing, and unpacking) of household and personal effects shall be charged against appropriations currently available.
(g) When the head of the agency concerned determines that an emergency exists and that a sale would be in the best interests of the United States, he may provide for the public or private sale of motor vehicles and other bulky items of the household and personal effects of an employee described in subsection (b) of this section. Before a sale, and if practicable, a reasonable effort shall be made to determine the desires of interested persons. The net proceeds from the sale shall be sent to the owner or other person entitled thereto under regulations prescribed by the head of the agency concerned. If there is no owner or other person entitled thereto, or if the owner or other person or their addresses are not ascertained within 1 year from the date of sale, the net proceeds may be covered into the Treasury of the United States as miscellaneous receipts.
(h) A claim for net proceeds covered into the Treasury under subsection (g) of this section may be filed with the Administrator of General Services by the owner, his heir or next of kin, or his legal representative at any time before the end of 5 years from the date the proceeds are covered into the Treasury. When a claim is filed, the Administrator of General Services shall allow or disallow it. A claim that is allowed shall be paid from the appropriation for refunding money erroneously received and covered. If a claim is not filed before the end of 5 years from the date the proceeds are covered into the Treasury, it is barred from being acted on by the Administrator of General Services or the courts.
(i) This section does not amend or repeal—
(1)
(2)
(3)
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | 50A U.S.C. 1012 (14th sentence). | Mar. 7, 1942, ch. 166, §12, |
Aug. 29, 1951, ch. 356, §1, |
||
Apr. 4, 1953, ch. 17, §1(d), |
||
Aug. 29, 1957, |
||
(b) | 50A U.S.C. 1012 (1st sentence). | Aug. 14, 1964, |
50A U.S.C. 1014 (as applicable to §1012 (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §12 (1st sentence)), |
|
(c) | 50A U.S.C. 1012 (12th sentence). | |
(d) | 50A U.S.C. 1012 (13th sentence). | |
(e) | 50A U.S.C. 1012 (11th sentence). | |
(f) | 50A U.S.C. 1012 (9th and 10th sentences). | |
(g) | 50A U.S.C. 1012 (2d–4th sentences). | |
(h) | 50A U.S.C. 1012 (5th–7th sentences). | |
(i) | 50A U.S.C. 1012 (8th sentence). |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "Beginning June 25, 1950, and" are omitted as executed. The words "not to exceed" are omitted as unnecessary. The words "outside the United States, or in Alaska or Hawaii" are substituted for "outside the continental limits of the United States or in Alaska".
In subsection (b), the words "Transportation . . . may be provided" are substituted for "may be moved". The words "an employee . . . for more than 28 days in a status listed in section 5561(5)(A)–(E) of this title" are substituted for "person . . . for a period of thirty days or more in any status listed in section 2 of this Act" for clarity and to conform to the definitions in section 5561(2) and (5). In paragraph (1), the words "the employee" are substituted for "any such person". In paragraph (3), the words "head of the agency concerned or his designee" are substituted for "head of the department concerned or by such person as he may designate".
In subsection (c), the word "employee" is substituted for "person". The words "transportation . . . may be provided under this section only when" are substituted for "movement . . . provided for herein may be authorized only in cases where".
In subsection (d), the words "on request of a dependent may be provided under . . . only" are substituted for "No . . . shall be authorized pursuant to . . . upon application by dependents unless". The words "condition and" are omitted as surplusage.
In subsection (e)(1), the words "reimbursement for" are substituted for "the payment in money of amounts equal to".
In subsection (f), the word "employee" is substituted for "person". The words "such time as" are omitted as surplusage.
In subsection (g), the words "United States" are substituted for "Government" to conform to the style of this title. The word "employee" is substituted for "person". The words "under . . . prescribed" are substituted for "in accordance with . . . issued".
In subsection (h), the words "under subsection (g) of this section" are substituted for "under authority of this section".
In subsection (i), the words "the provisions of" are omitted as surplusage. Paragraph (3) is substituted for "the Federal Tort Claims Act (
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5564(a) | 50 App.: 1012. | Oct. 19, 1965, |
Only that portion of the source law applicable to civilian officers and employees and their dependents is codified in this section. That portion of the source law applicable to members of the uniformed services and their dependents is codified in
Amendments
1996—Subsec. (h).
1991—Subsec. (i)(1).
§5565. Agency review
(a) When an employee has been in a missing status almost 12 months and no official report of his death or the circumstances of his continued absence has been received by the head of the agency concerned, he shall have the case fully reviewed. After that review and the end of 12 months in a missing status, or after any later review which shall be made when warranted by information received or other circumstances, the head of the agency concerned or his designee may—
(1) direct the continuance of his missing status, if there is a reasonable presumption that the employee is alive; or
(2) make a finding of death.
(b) When a finding of death is made under subsection (a) of this section, it shall include the date death is presumed to have occurred for the purpose of the ending of crediting pay and allowances and settlement of accounts. That date is—
(1) the day after the day on which the 12 months in a missing status ends; or
(2) a day determined by the head of the agency concerned or his designee when the missing status has been continued under subsection (a) of this section.
(c) For the purpose of determining status under this section, a dependent of an employee in active service is deemed an employee. A determination under this section made by the head of the agency concerned or his designee is conclusive on all other agencies of the United States. This section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | 50A U.S.C. 1005 (1st and 2d sentences). | Mar. 7, 1942, ch. 166, §5, |
Aug. 14, 1964, |
||
50A U.S.C. 1014 (as applicable to §1005 (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §5 (1st sentence)), |
|
(b) | 50A U.S.C. 1005 (less 1st and 2d sentences). | |
(c) | 50A U.S.C. 1009(b) (as applicable to §1005). | Mar. 7, 1942, ch. 166, §9(b) (as applicable to §5); added Aug. 29, 1957, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "When an employee has been in a missing status almost 12 months" are substituted for "When the twelve months' period from the date of commencement of absence is about to expire in any case of a person entitled under section 2 of this Act to receive or be credited with pay and allowances" for clarity and to conform to the definitions in section 5561(2) and (5). For the same reasons, the words "the end of 12 months in a missing status" are substituted for "the twelve months' absence shall have expired". The words "or his designee" are supplied on authority of 50A U.S.C. 1009(a) which is codified in part in section 5566(a). In paragraph (1), the words "his" and "employee" are substituted for "person's" and "person".
In subsection (b), the words "under subsection (a) of this section" are inserted for clarity. The words "and payment of death gratuities" are omitted as inapplicable to civilian officers and employees. In paragraph (1), the words "the day on which the 12 months in a missing status ends" are substituted for "the day of expiration of an absence of twelve months" for consistency with subsection (a) of this section and in view of the definition in section 5561(5). In paragraph (2), the words "or his designee" are supplied on authority of 50A U.S.C. 1009(a) which is in part codified in section 5566(a). The words "under subsection (a) of this section" are substituted for "as hereinbefore authorized".
In subsection (c), the word "sole" is omitted as surplusage and in view of the provisions of section 5566(h). The word "deemed" is supplied to evidence the legal fiction provided by the words "is a 'person' under this Act" in 50A U.S.C. 1009(a). The words "or his designee" are supplied on authority of 50A U.S.C. 1009(a) which is in part codified in section 5566(a). The words "agencies of the United States" are substituted for "departments of the Government". The words "This section does not entitle" are substituted for "Provided, That nothing in this section shall be construed as conferring . . . any right".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§5566. Agency determinations
(a) The head of the agency concerned or his designee may make any determination necessary to administer this subchapter, and when so made it is conclusive as to—
(1) death or finding of death;
(2) the fact of dependency under this subchapter;
(3) any other status covered by this subchapter;
(4) an essential date, including one on which evidence or information is received by the head of the agency concerned; and
(5) whether information received concerning an employee is to be construed and acted on as an official report of death.
(b) When the head of the agency concerned receives information that he considers to conclusively establish the death of an employee, he shall take action thereon as an official report of death, notwithstanding an earlier action relating to death or status of the employee. After the end of 12 months in a missing status prescribed by
(c) The head of the agency concerned or his designee may determine the entitlement of an employee to pay and allowances under this subchapter, including credits and charges in his account, and that determination is conclusive. An account may not be charged or debited with an amount that an employee captured, beleaguered, or besieged by a hostile force may receive or be entitled to receive from, or have placed to his credit by, the hostile force as pay, allowances, or other compensation.
(d) When circumstances warrant the reconsideration of a determination made under this subchapter, the head of the agency concerned or his designee may change or modify it.
(e) When the account of an employee has been charged or debited with an allotment paid under this subchapter, the amount so charged or debited shall be recredited to the account of the employee if the head of the agency concerned or his designee determines that the payment was induced by fraud or misrepresentation to which the employee was not a party.
(f) Except an allotment for an unearned insurance premium, an allotment paid from the pay and allowances of an employee for the period he is in a missing status may not be collected from the allottee as an overpayment when payment was caused by delay in receiving evidence of death. An allotment paid for a period after the end, under this subchapter or otherwise, of entitlement to pay and allowances may not be collected from the allottee or charged against the pay of a deceased employee when payment was caused by delay in receiving evidence of death.
(g) The head of the agency concerned or his designee may waive the recovery of an erroneous payment or overpayment of an allotment to a dependent if he considers recovery is against equity and good conscience.
(h) For the purpose of determining status under this section, a dependent of an employee in active service is deemed an employee. A determination under this section made by the head of the agency concerned or his designee is conclusive on all other agencies of the United States. This section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | 50A U.S.C. 1009(a) (1st and 2d sentences). | Mar. 7, 1942, ch. 166, §9(a) (less 5th and last sentences); added |
Apr. 4, 1953, ch. 17, §1(c), |
||
Aug. 29, 1957, |
||
50A U.S.C. 1010. | Mar. 7, 1942, ch. 166, §10, |
|
July 1, 1944, ch. 371, §6, Aug. 14, 1964, |
||
(b) | 50A U.S.C. 1009(a) (3d and 4th sentences). | |
(c) | 50A U.S.C. 1009(a) (6th sentence, less last proviso). | |
50A U.S.C. 1014 (as applicable to §1009(a) (1st proviso of 6th sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §9(a) (1st proviso of 6th sentence)), |
|
(d) | 50A U.S.C. 1009(a) (7th sentence). | |
(e) | 50A U.S.C. 1009(a) (last proviso of 6th sentence). | |
(f) | 50A U.S.C. 1009(a) (8th sentence). | |
(g) | 50A U.S.C. 1009(a) (9th sentence). | |
(h) | 50A U.S.C. 1009(b) (as applicable to §1009). | Mar. 7, 1942, ch. 166, §9(b) (as applicable to §9); added Aug. 29, 1957, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "head of the agency concerned or his designee" are substituted for "head of the department concerned, or such subordinate as he may designate". The words "for the purposes of this Act" are omitted as surplusage. The words "final and" in 50A U.S.C. 1010 are omitted as surplusage and for consistency with 50A U.S.C. 1009(a) (1st sentence). The words "the determination of the fact of dependency for the purpose of payment of all six months' death gratuities as authorized by law, and the determination of the fact of dependency under the provisions of any and all other laws providing for the payment of pay, allowances, or other emoluments to enlisted personnel in the Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States where such payments are contingent upon dependency" in 50A U.S.C. 1010 are omitted as inapplicable to civilian officers and employees and their dependents. In paragraph (2), the words "under this subchapter" are substituted for "under the provisions of this Act". In paragraph (3), the words "covered by this subchapter" are substituted for "dealt with by this Act". In paragraph (4), the words "by the head of the agency concerned" are substituted for "in such department or by the head thereof". In paragraph (5), the word "employee" is substituted for "person".
In subsection (b), the words "head of the agency concerned" are substituted for "department concerned". The word "employee" is substituted for "person". In the second sentence, the words "the head of the agency concerned or his designee" are inserted for clarity. The words "is dead" are substituted for "is no longer alive" for consistency with references in this section to "death".
In subsection (c), the words "or his designee" are substituted for "or by such subordinate as he may designate". The words "captured, beleaguered, or besieged by a hostile force" are substituted for "in the hands of a hostile force" on authority of 50A U.S.C. 1014.
In subsection (d), the words "under this subchapter" are substituted for "authorized to be made by this Act". The words "or his designee" are substituted for "or such subordinate as he may designate".
In subsection (e), the words "an employee . . . allotment paid under this subchapter" are substituted for "any person . . . allotments paid pursuant to this Act". The words "the employee if the head of the agency concerned or his designee" are substituted for "such person's . . . in any case in which . . . the head of the department concerned, or such subordinate as he may designate."
In subsection (f), the words "may not be collected" are substituted for "shall not be subject to collection" in two places. The word "employee" is substituted for "person".
In subsection (g), the words "or his designee" are substituted for "or such subordinate as he may designate".
In subsection (h), the word "sole" is omitted as surplusage and in view of the provisions of section 5565(c). The word "deemed" is supplied to evidence the legal fiction provided by the words "is a 'person' under this Act" in 50A U.S.C. 1009(a). The words "or his designee" are supplied on authority of 50A U.S.C. 1009(a) which is codified in part in subsection (a) of this section. The words "agencies of the United States" are substituted for "departments of the Government". The words "This section does not entitle" are substituted for "Provided, That nothing in this section shall be construed as conferring . . . any right".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§5567. Settlement of accounts
(a) The head of the agency concerned or his designee may settle the accounts of—
(1) an employee for whose account payment has been made under
(2) a survivor of a casualty to a ship, station, or military installation which results in the loss or destruction of disbursing records.
That settlement is conclusive on the accounting officials of the United States in settling the accounts of disbursing officials.
(b) Payment or settlement of an account made pursuant to a report, determination, or finding of death may not be recovered or reopened because of a later report or determination which fixes a date of death. However, an account shall be reopened and settled on the basis of a date of death so fixed which is later than that used as a basis for earlier settlement.
(c) In settling the accounts of a disbursing official, he is entitled to credit for an erroneous payment or overpayment made by him in carrying out this subchapter, except section 5568, if there is no fraud or criminality by him. Recovery may not be made from an individual who authorizes a payment under this subchapter, except section 5568, if there is no fraud or criminality by him.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | 50A U.S.C. 1011. | Mar. 7, 1942, ch. 166, §11, |
(b) | 50A U.S.C. 1009(a) (5th sentence). | Mar. 7, 1942, ch. 166, §9(a) (5th and last sentences); added |
July 1, 1944, ch. 371, §5, Aug. 29, 1957, |
||
(c) | 50A U.S.C. 1009(a) (last sentence). |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
In subsection (a), the words "or his designee" are substituted for "or such person as he may designate". The word "employee" is substituted for "persons". The words "United States" are substituted for "Government" to conform to the style of this title.
In subsection (c), the words "in carrying out this subchapter, except section 5568" are substituted for "in carrying out the provisions of this Act, except sections 13, 16, 17, and 18", since sections 16 and 17 are scheduled for repeal (see Table II) and section 18 was previously repealed. The words "under this subchapter, except section 5568" are substituted for "under such provisions" for the reasons stated in the preceding sentence.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5568. Income tax deferment
Notwithstanding other statutes, any Federal income tax return of, or the payment of any Federal income tax by, an employee who, at the time the return or payment would otherwise become due, is in a missing status does not become due until the earlier of the following dates:
(1) the fifteenth day of the third month in which he ceased (except because of death or incompetency) being in a missing status, unless before the end of that fifteenth day he is again in a missing status; or
(2) the fifteenth day of the third month after the month in which an executor, administrator, or conservator of the estate of the taxpayer is appointed.
That due date is prescribed subject to the power of the Secretary of the Treasury or his delegate to extend the time for filing the return or paying the tax, as in other cases, and to assess and collect the tax as provided by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
50A U.S.C. 1013. | Mar. 7, 1942, ch. 166, §13, |
|
Aug. 8, 1947, ch. 515, §6, Aug. 14, 1964, |
Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.
The words "in the case of any taxable year beginning after December 31, 1940" are omitted as unnecessary.
The words "an employee" are substituted for "any civilian officer or employee of any department" to conform to the definition in section 5561(2). The words "in a missing status" are substituted for "absent from his duty station under the conditions specified in section 2 of this Act" to conform to the definition in section 5561(5) and in view of the provisions of section 5562 establishing the entitlement of an employee in a missing status to receive pay and allowances or to have them credited to his account. Reference to "title 26" is substituted for "Internal Revenue Code of 1954".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§5569. Benefits for captives
(a) For the purpose of this section—
(1) "captive" means any individual in a captive status commencing while such individual is—
(A) in the Civil Service, or
(B) a citizen, national, or resident alien of the United States rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services);
(2) "captive status" means a missing status which, as determined by the President, arises because of a hostile action and is a result of the individual's relationship with the Government;
(3) "missing status"—
(A) in the case of an employee, has the meaning provided under
(B) in the case of an individual other than an employee, has a similar meaning; and
(4) "family member", as used with respect to a person, means—
(A) any dependent of such person; and
(B) any individual (other than a dependent under subparagraph (A)) who is a member of such person's family or household.
(b)(1) The Secretary of the Treasury shall establish a savings fund to which the head of an agency may allot all or any portion of the pay and allowances of any captive to the extent that such pay and allowances are not subject to an allotment under
(2) Amounts so allotted to the savings fund shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with 3-month maturities issued during the preceding calendar quarter. Such interest shall be compounded quarterly.
(3) Amounts in the savings fund credited to a captive shall be considered as pay and allowances for purposes of
(4) Any interest accruing under this subsection on—
(A) any amount for which an individual is indebted to the United States under
(B) any amount referred to in
(5) An allotment under this subsection may be made without regard to
(c) The head of an agency shall pay (by advancement or reimbursement) any individual who is a captive, and any family member of such individual, for medical and health care, and other expenses related to such care, to the extent that such care—
(1) is incident to such individual being a captive; and
(2) is not covered—
(A) by any Government medical or health program; or
(B) by insurance.
(d)(1) Except as provided in paragraph (3), the President shall make a cash payment, computed under paragraph (2), to any individual who became or becomes a captive commencing on or after November 4, 1979. Such payment shall be made before the end of the one-year period beginning on the date on which the captive status of such individual terminates or, in the case of any individual whose status as a captive terminated before the date of the enactment of the Victims of Terrorism Compensation Act, before the end of the one-year period beginning on such date.
(2) Except as provided in section 802 of the Victims of Terrorism Compensation Act, the amount of the payment under this subsection with respect to an individual held as a captive shall be not less than one-half of the amount of the world-wide average per diem rate under
(3) The President—
(A) may defer a payment under this subsection in the case of any individual who, during the one-year period described in paragraph (1), is charged with an offense described in subparagraph (B), until final disposition of such charge; and
(B) may deny such payment in the case of any individual who is convicted of an offense described in subsection (b) or (c) of
(i) during the period of captivity of such individual; and
(ii) related to the captive status of such individual.
(4) A payment under this subsection shall be in addition to any other amount provided by law.
(5) The provisions of subchapter VIII of this chapter (or, in the case of any person not covered by such subchapter, similar provisions prescribed by the President) shall apply with respect to any amount due an individual under paragraph (1) after such individual's death.
(6) Any payment made under paragraph (1) which is later denied under paragraph (3)(B) is a claim of the United States Government for purposes of
(e)(1) Under regulations prescribed by the President, the benefits provided by the Soldiers' and Sailors' Civil Relief Act of 1940, including the benefits provided by section 701 of such Act but excluding the benefits provided by sections 104, 105, 106, 400 through 408,1 501 through 512, and 514 of such Act, shall be provided in the case of any individual who is a captive.
(2) In applying such Act under this subsection—
(A) the term "person in the military service" is deemed to include any such captive;
(B) the term "period of military service" is deemed to include the period during which the individual is in a captive status; and
(C) references to the Secretary of the Army, the Secretary of the Navy, the Adjutant General of the Army, the Chief of Naval Personnel, and the Commandant, United States Marine Corps, are deemed, in the case of any captive, to be references to an individual designated for that purpose by the President.
(f)(1)(A) Under regulations prescribed by the President, the head of an agency shall pay (by advancement or reimbursement) a spouse or child of a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution.
(B) Except as provided in subparagraph (C), payments shall be available under this paragraph for a spouse or child of an individual who is a captive for education or training which occurs—
(i) after that individual has been in captive status for 90 days or more, and
(ii) on or before—
(I) the end of any semester or quarter (as appropriate) which begins before the date on which the captive status of that individual terminates, or
(II) if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course which began before such date or the end of the 16-week period following that date.
In order to respond to special circumstances, the appropriate agency head may specify a date for purposes of cessation of assistance under clause (ii) which is later than the date which would otherwise apply under such clause.
(C) In the event a captive dies and the death is incident to that individual being a captive, payments shall be available under this paragraph for a spouse or child of such individual for education or training which occurs after the date of such individual's death.
(D) The preceding provisions of this paragraph shall not apply with respect to any spouse or child who is eligible for assistance under
(E) For the purpose of this paragraph, "child" means a dependent under
(2)(A) In order to respond to special circumstances, the head of an agency may pay (by advancement or reimbursement) a captive for expenses incurred for subsistence, tuition, fees, supplies, books, and equipment, and other educational expenses, while attending an educational or training institution.
(B) Payments shall be available under this paragraph for a captive for education or training which occurs—
(i) after the termination of that individual's captive status, and
(ii) on or before—
(I) the end of any semester or quarter (as appropriate) which begins before the date which is 10 years after the day on which the captive status of that individual terminates, or
(II) if the educational or training institution is not operated on a semester or quarter system, the earlier of the end of any course which began before such date or the end of the 16-week period following that date, and
shall be available only to the extent that such payments are not otherwise authorized by law.
(3) Assistance under this subsection—
(A) shall be discontinued for any individual whose conduct or progress is unsatisfactory under standards consistent with those established pursuant to
(B) may not be provided for any individual for a period in excess of 45 months (or the equivalent thereof in other than full-time education or training).
(4) Regulations prescribed to carry out this subsection shall provide that the program under this subsection shall be consistent with the assistance program under chapters 35 and 36 of title 38.
(g) Any benefit provided under subsection (c) or (d) may, under regulations prescribed by the President, be provided to a family member of an individual if—
(1) such family member is held in captive status; and
(2) such individual is performing service for the United States as described in subsection (a)(1)(A) when the captive status of such family member commences.
(h) Except as provided in subsection (d), this section applies with respect to any individual in a captive status commencing after January 21, 1981.
(i) Notwithstanding any other provision of this subchapter, any determination by the President under subsection (a)(2) or (d) shall be conclusive and shall not be subject to judicial review.
(j) The President may prescribe regulations necessary to administer this section.
(k) Any benefit or payment pursuant to this section shall be paid out of funds available for salaries and expenses of the relevant agency of the United States.
(Added
References in Text
The date of the enactment of the Victims of Terrorism Compensation Act [title VIII of
Section 802 of the Victims of Terrorism Compensation Act [
The Soldiers' and Sailors' Relief Act of 1940, referred to in subsec. (e)(1), is act Oct. 17, 1940, ch. 888,
Section 408, referred to in subsec. (e)(1), is section 408 of act Oct. 17, 1940, ch. 888,
Amendments
1991—Subsec. (f)(3)(A).
Short Title
Section 801 of title VIII of
Payment to Individuals Held in Captive Status Between November 4, 1979, and January 21, 1981
Section 802 of title VIII of
Transition Provisions
Section 805 of title VIII of
"(a)
"(2) Interest on amounts so allotted with respect to any such pay period shall be calculated as if the allotment had occurred at the end of such pay period.
"(b)
"(c)
Regulations
Section 807 of title VIII of
Effective Date of Entitlements
Section 808 of title VIII of
Executive Order No. 12576
Ex. Ord. No. 12576, Dec. 2, 1986, 51 F.R. 43721, relating to victims of terrorism compensation, was superseded by Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out below.
Ex. Ord. No. 12598. Victims of Terrorism Compensation
Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including Title VIII of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (
Ronald Reagan.
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§5570. Compensation for disability or death
(a) For the purpose of this section—
(1) "employee" means—
(A) any individual in the Civil Service; and
(B) any individual rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services); and
(2) "family member", as used with respect to an employee, means—
(A) any dependent of such employee; and
(B) any individual (other than a dependent under subparagraph (A)) who is a member of the employee's family or household.
(b) The President shall prescribe regulations under which an agency head may pay compensation for the disability or death of an employee or a family member of an employee if, as determined by the President, the disability or death was caused by hostile action and was a result of the individual's relationship with the Government.
(c) Any compensation otherwise payable to an individual under this section in connection with any disability or death shall be reduced by any amounts payable to such individual under any other program funded in whole or in part by the United States (excluding any amount payable under
(d) A determination by the President under subsection (b) shall be conclusive and shall not be subject to judicial review.
(e) Compensation under this section may include payment (whether by advancement or reimbursement) for any medical or health expenses relating to the death or disability involved to the extent that such expenses are not covered under subsection (c) of
(f) This section applies with respect to any disability or death resulting from an injury which occurs after January 21, 1981.
(g) Any benefit or payment pursuant to this section shall be paid out of funds available for salaries and expenses of the relevant agency of the United States.
(Added
Delegation of Functions
Functions of the President under this section delegated to the Secretary of State to be exercised in consultation with the Secretary of Labor, see Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under
SUBCHAPTER VIII—SETTLEMENT OF ACCOUNTS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5581. Definitions
For the purpose of this subchapter—
(1) "employee" means—
(A) an employee as defined by
(B) an individual employed by the government of the District of Columbia;
but does not include the 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
(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 decreased 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
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(1) | Aug. 3, 1950, ch. 518, §7, |
|
(2) | Aug. 3, 1950, ch. 518, §2, |
|
July 2, 1953, ch. 178, §5, |
||
Sept. 1, 1954, ch. 1208, §501, |
||
Sept. 2, 1958, |
||
Aug. 3, 1950, ch. 518, §4, |
Paragraph (1) is supplied for convenience and is based on the first 35 words of former section 61f, which is carried into section 5582, and former section 61k.
The exception for production credit corporations in section 7 of the Act of Aug. 3, 1950, is omitted as they were merged in the Federal intermediate credit banks by the Farm Credit Act of 1956,
The exception in paragraph (1)(iv) for employees of the Senate is added on authority of the Act of Jan. 6, 1951, ch. 1213,
In paragraph (2), the definition of "money due" is substituted for "unpaid compensation". Paragraph (2)(I) is added on authority of former section 1182(a)(2), which is carried into section 5344.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1979—Par. (1).
Effective Date of 1979 Amendment
Amendment by
§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 regulations promulgated—
(1) by the Director of the Office of Personnel Management or his designee, in the case of an employee of an executive agency;
(2) jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives, or their designee, in the case of an employee of the legislative branch; and
(3) by the Chief Justice of the United States or his or her designee, in the case of an employee of the judicial branch.
(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 a 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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Aug. 3, 1950, ch. 518, §5, |
|
(b) | Aug. 3, 1950, ch. 518, §1, |
Subsection (a) is restated for clarity. The word "officers" is omitted as included in "employee".
In subsection (b), so much of the first 35 words of former section 61f as states the application is carried into the definition of "employee" in section 5581(1). The word "officer" is omitted as included in "employee".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§5583. Payment of money due; settlement of accounts
(a) Under such regulations as the Director of the Office of Personnel Management may prescribe, the employing agency shall pay money due a deceased employee to the beneficiary designated by the employee under
(b) The Director may by regulation prescribe the method for settlement of accounts payable under subsection (a) of this section. 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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 3, 1950, ch. 518, §3, |
In subsection (a), the word "officer" is omitted as included in "employee".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (a).
Subsec. (b).
1979—Subsec. (b).
Effective Date of 1979 Amendment
Amendment by
Cross References
Disposition of unpaid salary and other sums upon death of Representative or Resident Commissioner, see
§5584. Claims for overpayment of pay and allowances, and of travel, transportation and relocation expenses and allowances
(a) A claim of the United States against a person arising out of an erroneous payment of pay or allowances made on or after July 1, 1960, or arising out of an erroneous payment of travel, transportation or relocation expenses and allowances, 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 authorized official;
(2) the head of an agency when—
(A) the claim is in an amount aggregating not more than $1,500; and
(B) the waiver is made in accordance with standards which the authorized official shall prescribe; or
(3) the Director of the Administrative Office of the United States Courts when the claim is in an amount aggregating not more than $10,000 and involves an officer or employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or any of the courts set forth in
(b) The authorized official or the 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;
(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; or
(5) in the case of a claim involving an erroneous payment of travel, transportation or relocation expenses and allowances, if application for waiver is received in his office after the expiration of 3 years immediately following the date on which the erroneous payment was discovered.
(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 affect 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;
(5) the Botanic Garden; and
(6) the Administrative Office of the United States Courts, the Federal Judicial Center, and any of the courts set forth in
For purposes of this section, the Director of the Administrative Office of the United States Courts shall be the head of the agency in the case of those entities set forth in paragraph (6) of this subsection.
(g) 1 For the purpose of this section, the term "authorized official" means—
(1) the head of an agency, with respect to an agency or employee in the legislative branch; or
(2) the Director of the Office of Management and Budget, with respect to any other agency or employee.
(Added
Amendments
1996—Subsec. (a).
Subsec. (b).
Subsec. (g).
1991—Subsec. (a)(2)(A).
1988—Subsec. (a)(3).
Subsec. (g).
1985—
Subsec. (a).
Subsec. (b).
1979—Subsec. (b)(4).
1974—Subsec. (a).
Subsec. (b).
Subsec. (g).
1972—
Subsec. (b)(2).
Subsec. (b)(3).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1988 Amendment
Section 1009(b) of
Effective Date of 1985 Amendment
Section 4 of
Effective Date of 1979 Amendment
Amendment by
Cross References
Claims for overpayment of pay or allowances to the Vice President, Senators, officers and employees whose pay is disbursed by the Secretary of the Senate, and officers and employees whose pay is disbursed by the Clerk of the House of Representatives, see
Compromise and collection of Federal claims generally, see
Waiver by Secretary of Senate and Speaker of House of claims for erroneous payment of pay or allowances, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "(h)".
SUBCHAPTER IX—SEVERANCE PAY AND BACK PAY
Amendments
1967—
Subchapter Referred to in Other Sections
This subchapter is referred to in
[§§5591 to 5594. Repealed. Pub. L. 90–83, §1(34)(B), Sept. 11, 1967, 81 Stat. 201 ]
Historical and Revision Notes
This section deletes
[Sections,
§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;
(D) the government of the District of Columbia;
(E) the Administrative Office of the United States Courts, the Federal Judicial Center, and the courts named by
(F) the Office of the Architect of the Capitol; and
(2) "employee" means—
(A) an individual employed in or under an agency; and
(B) an individual employed by a county committee established under
but does not include—
(i) an employee (other than a member of the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or an employee whose pay is fixed under section 5376) 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 minimum rate for the Executive Schedule;
(ii) an employee serving under an appointment with a definite time limitation, except one so appointed for full-time 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
(v) an employee who, at the time of separation from the service, is receiving compensation under subchapter I of
(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;
(viii) an employee of the Office of the Architect of the Capitol, who is employed on a temporary when actually employed basis;
(ix) an employee of the Government Printing Office, who is employed on a temporary when actually employed basis; or
(x) 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—
(1) has been employed currently for a continuous period of at least 12 months; and
(2) is involuntarily separated from the service, not by removal for cause on charges of misconduct, delinquency, or inefficiency;
is entitled to be paid severance pay in regular pay periods by the agency from which separated. However, the Director of the Administrative Office of the United States Courts may prescribe regulations to effect the application and operation of this section to the agencies specified in subsection (a)(1)(E) of this section. The Architect of the Capitol may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(F) of this section. The Public Printer may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(C) of this section.
(c) Severance pay consists of—
(1) a basic severance allowance computed on the basis of 1 week's basic pay at the rate received immediately before separation for each year of civilian service up to and including 10 years for which severance pay has not been received under this or any other authority and 2 weeks' basic pay at that rate for each year of civilian service beyond 10 years for which severance pay has not been received under this or any other authority; and
(2) an age adjustment allowance computed on the basis of 10 percent of the total basic severance allowance for each year by which the age of the recipient exceeds 40 years at the time of separation.
Total severance pay under this section may not exceed 1 year's pay at the rate received immediately before separation. For the purpose of this subsection, "basic pay" includes premium pay under
(d) If an employee is reemployed by the Government of the United States or the government of the District of Columbia before the end of the period covered by payments of severance pay, the payments shall be discontinued beginning with the date of reemployment and the service represented by the unexpired portion of the period shall be recredited to the employee for use in any later computations of severance pay. For the purpose of subsection (b) (1) of this section, reemployment that causes severance pay to be discontinued is deemed employment continuous with that serving as the basis for severance pay.
(e) If the employee dies before the end of the period covered by payments of severance pay, the payments of severance pay with respect to the employee shall be continued as if the employee were living and shall be paid on a pay period basis to the survivor of the employee in accordance with
(f) Severance pay under this section is not a basis for payment, and may not be included in the basis for computation, of any other type of United States or District of Columbia Government benefits. A period covered by severance pay is not a period of United States or District of Columbia Government service or employment.
(g) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this section to an individual named by subsection (a)(2)(B) of this section.
(h)(1) Severance pay under this section may not be paid to—
(A) a person described in paragraph (4)(A) during any period in which the person is employed in a defense nonappropriated fund instrumentality; or
(B) a person described in paragraph (4)(B) during any period in which the person is employed in a Coast Guard nonappropriated fund instrumentality.
(2)(A) Except as provided in subparagraph (B), payment of severance pay to a person referred to in paragraph (1) may be resumed upon any involuntary separation of the person from the position of employment in a nonappropriated fund instrumentality, not by removal for cause on charges of misconduct, delinquency, or inefficiency.
(B) Payment of severance pay may not be resumed under subparagraph (A) in the case of a person who, upon separation, is entitled to immediate payment of retired or retainer pay as a member or former member of the uniformed services or to an immediate annuity under—
(i) a retirement system for persons retiring from employment by a nonappropriated fund instrumentality;
(ii) subchapter III of
(iii) subchapter II of
(iv) any other retirement system of the Federal Government for persons retiring from employment with the Federal Government.
(3) Upon resumption of payment of severance pay under paragraph (2)(A) in the case of a person separated as described in such paragraph, the amount of the severance pay so payable for a period shall be reduced (but not below zero) by the portion (if any) of the amount of any severance pay payable for such period to the person by the nonappropriated fund instrumentality that is attributable to credit for service taken into account under subsection (c) in the computation of the amount of the severance pay so resumed.
(4) Paragraph (1) applies to a person who, on or after January 1, 1987, moves without a break in service—
(A) from employment in the Department of Defense that is not employment in a defense nonappropriated fund instrumentality to employment in a defense nonappropriated fund instrumentality; or
(B) from employment in the Coast Guard that is not employment in a Coast Guard nonappropriated fund instrumentality to employment in a Coast Guard nonappropriated fund instrumentality.
(5) The Secretary of Defense, in consultation with the Secretary of Transportation, shall prescribe regulations to carry out this subsection.
(6) In this subsection:
(A) The term "defense nonappropriated fund instrumentality" means a nonappropriated fund instrumentality of the Department of Defense.
(B) The term "Coast Guard nonappropriated fund instrumentality" means a nonappropriated fund instrumentality of the Coast Guard.
(C) The term "nonappropriated fund instrumentality" means a nonappropriated fund instrumentality described in
(i)(1) In the case of an employee of the Department of Defense who is entitled to severance pay under this section, the Secretary of Defense or the Secretary of the military department concerned may, upon application by the employee, pay the total amount of the severance pay to the employee in one lump sum.
(2)(A) If an employee paid severance pay in a lump sum under this subsection is reemployed by the Government of the United States or the government of the District of Columbia at such time that, had the employee been paid severance pay in regular pay periods under subsection (b), the payments of such pay would have been discontinued under subsection (d) upon such reemployment, the employee shall repay to the Department of Defense (for the military department that formerly employed the employee, if applicable) an amount equal to the amount of severance pay to which the employee was entitled under this section that would not have been paid to the employee under subsection (d) by reason of such reemployment.
(B) The period of service represented by an amount of severance pay repaid by an employee under subparagraph (A) shall be considered service for which severance pay has not been received by the employee under this section.
(C) Amounts repaid to an agency under this paragraph shall be credited to the appropriation available for the pay of employees of the agency for the fiscal year in which received. Amounts so credited shall be merged with, and shall be available for the same purposes and the same period as, the other funds in that appropriation.
(3) If an employee fails to repay to an agency an amount required to be repaid under paragraph (2)(A), that amount is recoverable from the employee as a debt due the United States.
(4) This subsection applies with respect to severance pay payable under this section for separations taking effect on or after February 10, 1996, and before October 1, 2003.
(j)(1) In the case of an employee of the Department of Energy who is entitled to severance pay under this section as a result of the establishment of the National Nuclear Security Administration, the Secretary of Energy may, upon application by the employee, pay the total amount of the severance pay to the employee in one lump sum.
(2)(A) If an employee paid severance pay in a lump sum under this subsection is reemployed by the Government of the United States or the government of the District of Columbia at such time that, had the employee been paid severance pay in regular pay periods under subsection (b), the payments of such pay would have been discontinued under subsection (d) upon such reemployment, the employee shall repay to the Department of Energy an amount equal to the amount of severance pay to which the employee was entitled under this section that would not have been paid to the employee under subsection (d) by reason of such reemployment.
(B) The period of service represented by an amount of severance pay repaid by an employee under subparagraph (A) shall be considered service for which severance pay has not been received by the employee under this section.
(C) Amounts repaid to the Department of Energy under this paragraph shall be credited to the appropriation available for the pay of employees of the agency for the fiscal year in which received. Amounts so credited shall be merged with, and shall be available for the same purposes and the same period as, the other funds in that appropriation.
(3) If an employee fails to repay to the Department of Energy an amount required to be repaid under paragraph (2)(A), that amount is recoverable from the employee as a debt due the United States.
(Added
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5595 | 5 App.: 1117. | Oct. 29, 1965, Nov. 2, 1966, |
In subsection (a), subsections (a) and (b) of 5 App. U.S.C. 1117 are restated as definitions.
In subsection (a)(1)(A), the term "Executive agency" is substituted for "the executive branch of the Government of the United States, including each corporation wholly owned or controlled by the United States" and "the General Accounting Office" to conform to the definition in
The definition in subsection (a)(2) continues the application of the section to only civilian officers and employees, and does not encompass members of the uniformed services as they are not "employed" in or under an agency. Throughout the section, the word "officer", in the phrase "officer or employee", is omitted as included within "employee". The last 40 words of 5 App. U.S.C. 1117(a) are codified in subsection (g).
In subsection (a)(2)(i), the words "Executive Schedule" are substituted for "Federal Executive Salary Schedule" to reflect the provisions of
In subsection (a)(2)(ii), the words "without a break in service of more than 3 days" are coextensive with and substituted for "without a break in service or after a separation of three days or less".
In subsection (a)(2)(iv), the words "subchapter III of
In subsection (a)(2)(v), the words "subchapter I of
In subsection (b) the word "agency" is substituted for "department, independent establishment, corporation, or other governmental unit" to conform to the definition in subsection (a)(1). Subsection (b)(1) is substituted for 5 App. U.S.C. 1117(e).
In subsection (e), the words "
References in Text
The Executive Schedule, referred to in subsec. (a)(2)(i), is set out in
Section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (a)(2)(iii), is classified to
Section 609(b)(1) of the Foreign Service Act of 1980, referred to in subsec. (a)(2)(vi), is classified to
Amendments
1999—Subsec. (b).
Subsec. (i)(4).
Subsec. (j).
1998—Subsec. (a)(1)(F).
Subsec. (a)(2)(viii).
Subsec. (a)(2)(ix), (x).
Subsec. (b).
1997—Subsec. (a)(1)(F).
Subsec. (a)(2)(viii), (ix).
Subsec. (b).
1996—Subsec. (i).
1994—Subsec. (h).
1990—Subsec. (a)(1)(E).
Subsec. (a)(2)(i).
Subsec. (b).
1988—Subsec. (a)(2)(i).
1980—Subsec. (a)(2)(vi).
1979—Subsec. (a)(2)(iii).
1978—Subsec. (a)(2)(i).
Effective Date of 1999 Amendment
Amendment by section 3243 of
Effective Date of 1994 Amendment
Section 343(b) of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5596. Back pay due to unjustified personnel action
(a) For the purpose of this section, "agency" means—
(1) an Executive agency;
(2) the Administrative Office of the United States Courts, the Federal Judicial Center, and the courts named by
(3) the Library of Congress;
(4) the Government Printing Office; and
(5) the government of the District of Columbia.
(b)(1) An employee of an agency who, on the basis of a timely appeal or an administrative determination (including a decision relating to an unfair labor practice or a grievance) is found by appropriate authority under applicable law, rule, regulation, or collective bargaining agreement, to have been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reduction of all or part of the pay, allowances, or differentials of the employee—
(A) is entitled, on correction of the personnel action, to receive for the period for which the personnel action was in effect—
(i) an amount equal to all or any part of the pay, allowances, or differentials, as applicable which the employee normally would have earned or received during the period if the personnel action had not occurred, less any amounts earned by the employee through other employment during that period; and
(ii) reasonable attorney fees related to the personnel action which, with respect to any decision relating to an unfair labor practice or a grievance processed under a procedure negotiated in accordance with
(B) for all purposes, is deemed to have performed service for the agency during that period, except that—
(i) annual leave restored under this paragraph which is in excess of the maximum leave accumulation permitted by law shall be credited to a separate leave account for the employee and shall be available for use by the employee within the time limits prescribed by regulations of the Office of Personnel Management, and
(ii) annual leave credited under clause (i) of this subparagraph but unused and still available to the employee under regulations prescribed by the Office shall be included in the lump-sum payment under
(2)(A) An amount payable under paragraph (1)(A)(i) of this subsection shall be payable with interest.
(B) Such interest—
(i) shall be computed for the period beginning on the effective date of the withdrawal or reduction involved and ending on a date not more than 30 days before the date on which payment is made;
(ii) shall be computed at the rate or rates in effect under section 6621(a)(1) of the Internal Revenue Code of 1986 during the period described in clause (i); and
(iii) shall be compounded daily.
(C) Interest under this paragraph shall be paid out of amounts available for payments under paragraph (1) of this subsection.
(3) This subsection does not apply to any reclassification action nor authorize the setting aside of an otherwise proper promotion by a selecting official from a group of properly ranked and certified candidates.
(4) The pay, allowances, or differentials granted under this section for the period for which an unjustified or unwarranted personnel action was in effect shall not exceed that authorized by the applicable law, rule, regulations, or collective bargaining agreement under which the unjustified or unwarranted personnel action is found, except that in no case may pay, allowances, or differentials be granted under this section for a period beginning more than 6 years before the date of the filing of a timely appeal or, absent such filing, the date of the administrative determination.
(5) For the purpose of this subsection, "grievance" and "collective bargaining agreement" have the meanings set forth in
(c) The Office of Personnel Management shall prescribe regulations to carry out this section. However, the regulations are not applicable to the Tennessee Valley Authority and its employees, or to the agencies specified in subsection (a)(2) of this section.
(Added
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5596(a) 5596(b) 5596(c) |
5 App.: 652a. 5 App.: 652b. 5 App.: 652c. |
Mar. 30, 1966, |
In subsection (a)(1), the term "an Executive agency" is substituted for "executive department of the Government of the United States", "agency or independent establishment in the executive branch of such Government", "corporation owned or controlled by such Government", and "the General Accounting Office" to conform to the definition in
In subsection (b), the word "employee" is substituted for "civilian officer or employee" and "such officer or employee" to conform to the definition in
In subsection (c), the word "employees" is substituted for "officers and employees" to conform to the definition in
References in Text
The Foreign Service Act of 1980, referred to in subsec. (b)(1)(A)(ii), is
Section 6621(a)(1) of the Internal Revenue Code of 1986, referred to in subsec. (b)(2)(B)(ii), is classified to
Sections 1101, 1002, and 1015 of the Foreign Service Act of 1980, referred to in subsec. (b)(5), are classified to sections 4131, 4102, and 4115, respectively, of Title 22, Foreign Relations and Intercourse.
Amendments
1998—Subsec. (b)(4), (5).
1990—Subsec. (a)(2).
Subsec. (c).
1987—Subsec. (b)(2) to (4).
1980—Subsec. (b)(1).
Subsec. (b)(3).
1979—Subsec. (c).
1978—Subsec. (b).
1975—Subsec. (b)(2).
Effective Date of 1987 Amendment
Section 101(m) [title VI, §623(b)] of
"(1)
"(2)
"(A)
"(B)
"(C)
"(D)
"(E)
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1975 Amendment
Section 1(b) of
Lump-Sum Payments for Former Employees not on the Rolls on December 23, 1975
Section 2 of
Lump-Sum Payments for Postal Employees not on the Rolls on December 23, 1975
Section 3 of
"(a) With respect to a former employee of the Post Office Department or a former employee of the United States Postal Service who had prior civilian service with the Post Office Department or other Federal agency, who is not on the rolls on the date of the enactment of this Act [Dec. 23, 1975], annual leave which was accrued before July 1, 1971, but was not credited under
"(b) With respect to a present employee of the Postal Service who had prior Federal civilian service with the Post Office Department or other Federal agency, annual leave which was accrued before July 1, 1971, but was not credited under
Section Referred to in Other Sections
This section is referred to in
§5597. Separation pay
(a) For the purpose of this section—
(1) the term "Secretary" means the Secretary of Defense;
(2) the term "defense agency" means an agency of the Department of Defense, as further defined under regulations prescribed by the Secretary; and
(3) the term "employee" means an employee of a defense agency, serving under an appointment without time limitation, who has been currently employed for a continuous period of at least 12 months, except that such term does not include—
(A) a reemployed annuitant under subchapter III of
(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A).
(b) In order to avoid or minimize the need for involuntary separations due to a reduction in force, base closure, reorganization, transfer of function, or other similar action affecting 1 or more defense agencies, the Secretary shall establish a program under which separation pay may be offered to encourage eligible employees to separate from service voluntarily (whether by retirement or resignation).
(c) Under the program, separation pay may be offered by a defense agency only—
(1) with the prior consent, or on the authority, of the Secretary; and
(2) to employees within such occupational groups or geographic locations, or subject to such other similar limitations or conditions, as the Secretary may require.
(d) Such separation pay—
(1) shall be paid in a lump sum;
(2) shall be equal to the lesser of—
(A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) if the employee were entitled to payment under such section; or
(B) $25,000;
(3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
(4) shall not be taken into account for purposes of determining the amount of any severance pay to which an individual may be entitled under section 5595 based on any other separation.
(e) No amount shall be payable under this section based on any separation occurring after September 30, 2003.
(f) The Secretary shall prescribe such regulations as may be necessary to carry out this section.
(g)(1) An employee who receives separation pay under this section on the basis of a separation occurring on or after the date of the enactment of the Federal Workforce Restructuring Act of 1994 and accepts employment with the Government of the United States within 5 years after the date of the separation on which payment of the separation pay is based shall be required to repay the entire amount of the separation pay to the defense agency that paid the separation pay.
(2) If the employment is with an Executive agency, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
(3) If the employment is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
(4) If the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
(5) If the employment is without compensation, the appointing official may waive the repayment.
(h)(1)(A) In addition to any other payment that it is required to make under subchapter III of
(B) If the employee is one with respect to whom a remittance would otherwise be required under section 4(a) of the Federal Workforce Restructuring Act of 1994 based on the separation involved, the remittance under this subsection shall be instead of the remittance otherwise required under such section 4(a).
(2) Amounts remitted under paragraph (1) shall be deposited in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund.
(3) For the purposes of this subsection—
(A) the term "covered employee" means an employee who is subject to subchapter III of
(B) the term "final basic pay" has the meaning given such term in section 4(a)(2) of the Federal Workforce Restructuring Act of 1994.
(Added
References in Text
The date of the enactment of the Federal Workforce Restructuring Act of 1994, referred to in subsec. (g)(1), is the date of enactment of
Section 4(a) of the Federal Workforce Restructuring Act of 1994, referred to in subsec. (h)(1)(B), (3)(B), is section 4(a) of
Amendments
1999—Subsec. (e).
1997—Subsec. (e).
Subsec. (h).
1996—Subsec. (g)(5).
1994—Subsec. (e).
Subsec. (g).
Effective Date of 1996 Amendment
Section 1612(b) of
Voluntary Separation Incentives
"(a)
"(1) a reemployed annuitant under subchapter III of
"(2) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in paragraph (1);
"(3) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;
"(4) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 [
"(5) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment;
"(6) an employee covered by statutory reemployment rights who is on transfer to another organization; or
"(7) any employee who, during the 24-month period preceding the date of separation, has received a recruitment or relocation bonus under
"(b)
"(1)
"(2)
"(A) shall be paid in a lump sum after the employee's separation;
"(B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;
"(C) shall be equal to the lesser of—
"(i) an amount equal to the amount the employee would be entitled to receive under
"(ii) an amount determined by an agency head not to exceed $25,000;
"(D) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before January 1, 2003;
"(E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
"(F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under
"(c)
"(1)
"(2)
"(d)
"(e)
"(1)
"(2)
"(a)
"(1) the term 'agency' means the Railroad Retirement Board and the Office of Inspector General of the Railroad Retirement Board;
"(2) the term 'employee' means an employee (as defined by
"(A) a reemployed annuitant under subchapter III of
"(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of
"(C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;
"(D) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 [
"(E) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment;
"(F) an employee covered by statutory reemployment rights who is on transfer to another organization; or
"(G) any employee who, during the twenty-four-month period preceding the date of separation, has received a recruitment or relocation bonus under
"(b)
"(1)
"(2)
"(A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;
"(B) the number and amounts of voluntary separation incentive payments to be offered; and
"(C) a description of how the agency will operate without the eliminated positions and functions.
"(c)
"(1)
"(2)
"(A) shall be paid in a lump sum after the employee's separation;
"(B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;
"(C) shall be equal to the lesser of—
"(i) an amount equal to the amount the employee would be entitled to receive under
"(ii) an amount determined by the agency head not to exceed $25,000;
"(D) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before March 31, 2000;
"(E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
"(F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under
"(d)
"(1)
"[(]2)
"[(]e)
"(f)
"(1)
"(2)
"(g)
"(a)
"(b)
"(2) The report under paragraph (1) shall—
"(A) include the occupations and grade levels of each employee with respect to whom the Department has, by reason of the provisions of subsection (a), paid voluntary separation payments under such section 663; and
"(B) describe how the paying of such payments by reason of the provisions of subsection (a) relates to the restructuring plans of the Department.
"(3) For purposes of this subsection, the term 'specified congressional committees' means the following:
"(A) The Committee on Armed Services, the Committee on Government Reform, and the Committee on Commerce of the House of Representatives.
"(B) The Committee on Armed Services and the Committee on Governmental Affairs of the Senate."
"(a)
"(b)
"(a)
"(1) the term 'agency' means any Executive agency (as defined in
"(2) the term 'employee' means an employee (as defined by
"(A) a reemployed annuitant under subchapter III of
"(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of
"(C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;
"(D) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 [
"(E) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment;
"(F) an employee covered by statutory reemployment rights who is on transfer to another organization; or
"(G) any employee who, during the twenty four month period preceding the date of separation, has received a recruitment or relocation bonus under
"(b)
"(1)
"(2)
"(A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;
"(B) the number and amounts of voluntary separation incentive payments to be offered; and
"(C) a description of how the agency will operate without the eliminated positions and functions.
"(c)
"(1)
"(2)
"(A) shall be paid in a lump sum after the employee's separation;
"(B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;
"(C) shall be equal to the lesser of—
"(i) an amount equal to the amount the employee would be entitled to receive under
"(ii) an amount determined by the agency head not to exceed $25,000;
"(D) may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before December 31, 1997;
"(E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
"(F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under
"(d)
"(1)
"(2)
"(e)
"(f)
"(1)
"(2)
"(g)
"(a)
"(1) the term 'agency' means the following agencies of the Department of Transportation:
"(A) the United States Coast Guard;
"(B) the Research and Special Programs Administration;
"(C) the Saint Lawrence Seaway Development Corporation;
"(D) the Office of the Secretary; and
"(E) the Federal Railroad Administration;
"(2) the term 'employee' means an employee (as defined by
"(A) a reemployed annuitant under subchapter III of
"(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A);
"(C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;
"(D) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 [
"(E) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment;
"(F) an employee covered by statutory reemployment rights who is on transfer to another organization;
"(G) any employee who, during the twenty-four month period preceding the date of separation, has received a recruitment or relocation bonus under
"(H) any employee who, upon separation and application, would be eligible for an immediate annuity under subchapter III of
"(b)
"(1)
"(2)
"(A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;
"(B) the number and amounts of voluntary separation incentive payments to be offered; and
"(C) a description of how the agency will operate without the eliminated positions and functions.
"(c)
"(1)
"(2)
"(A) shall be paid in a lump sum after the employee's separation;
"(B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;
"(C) shall be equal to the lesser of—
"(i) an amount equal to the amount the employee would be entitled to receive under
"(ii) an amount determined by an agency head not to exceed $25,000 in fiscal year 1997;
"(D) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
"(E) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under
"(3)
"(d)
"(1)
"(2)
"(e)
"(f)
"(1)
"(2)
"(g)
"(a)
"(b)
"(1) the term 'Administrator' means the Administrator of the National Aeronautics and Space Administration; and
"(2) the term 'employee' means an employee of the National Aeronautics and Space Administration serving under an appointment without time limitation, who has been currently employed with NASA for a continuous period of at least twelve months, except that such term does not include—
"(A) a reemployed annuitant under subchapter III of
"(B) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;
"(C) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (
"(D) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this Act or any other authority and has not repaid such payment.
"(c)
"(d)
"(1) shall be paid in a lump sum after the employee's separation, and
"(2) shall be equal to the lesser of—
"(A) an amount equal to the amount the employee would be entitled to receive under
"(B) an amount that shall not exceed $25,000;
"(3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit;
"(4) shall not be taken into account for purposes of determining the amount of any severance pay to which an individual may be entitled under
"(5) shall be considered payment for a voluntary separation; and
"(6) shall be paid from the appropriations or funds available for payment of the basic pay of the employee.
"(e)
"(1) An individual who has received a voluntary separation incentive payment under this section and accepts any employment with the Government of the United States within five years after the date of the separation on which the payment is based shall be required to repay, prior to the individual's first day of employment, the entire amount of the incentive payment to NASA.
"(2) If the employment under paragraph (1) above is with an executive agency (as defined by
"(3) If the employment under paragraph (1) above is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
"(4) If the employment under paragraph (1) above is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
"(5) For the purpose of this section, the term 'employment'—
"(A) includes employment of any length or under any type of appointment, but does not include employment that is without compensation; and
"(B) includes employment under a personal services contract.
"(f)
"(g)
"(1) In addition to any other payments which it is required to make under subchapter III of
"(2) For the purpose of this section, the term 'final basic pay', with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor.
"(h)
"(1) Total full-time-equivalent employment in NASA shall be reduced by one for each separation of an employee who receives a voluntary separation incentive payment under this Act [section]. The reduction will be calculated by comparing the agency's full-time-equivalent employment for the fiscal year in which the voluntary separation payments are made with the authorized full-time-equivalent employment for the prior fiscal year.
"(2) The Office of Management and Budget shall monitor and take appropriate action necessary to ensure that the requirements of this section are met.
"(3) The President shall take appropriate action to ensure that functions involving more than 10 full time equivalent employees are not converted to contracts by reason of the enactment of this section, except in cases in which a cost comparison demonstrates such contracts would be to the advantage of the Government.
"(4) The provisions of subsections (1) and (3) of this section may be waived upon a determination by the President that—
"(A) the existence of a state of war or other national emergency so requires; or
"(B) the existence of an extraordinary emergency which threatens life, health, safety, property, or the environment so requires.
"(i)
"(1) the number of employees who received voluntary separation incentives;
"(2) the average amount of such incentives; and
"(3) the average grade or pay level of the employees who received incentives.
"(j)
"(1) The provisions of this section shall take effect on the date of enactment of this Act [Sept. 26, 1996].
"(2) No voluntary separation incentive under this section may be paid based on the separation of an employee after September 30, 2000."
"(a)
"(1) the term 'agency' means the Agency for International Development;
"(2) the term 'Administrator' means the Administrator, Agency for International Development; and
"(3) the term 'employee' means an employee (as defined by
"(A) any employee who, upon separation and application, would then be eligible for an immediate annuity under subchapter III of
"(B) a reemployed annuitant under subchapter III of
"(C) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A);
"(D) an employee who is to be separated involuntarily for misconduct or unacceptable performance, and to whom specific notice has been given with respect to that separation;
"(E) an employee who, upon completing an additional period of service, as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 [
"(F) an employee who has previously received any voluntary separation incentive payment by the Government of the United States under this Act or any other authority and has not repaid such payment;
"(G) an employee covered by statutory reemployment rights who is on transfer to another organization; or
"(H) any employee who, during the 24-month period preceding the date of separation, received a recruitment or relocation bonus under
"(b)
"(1)
"(2)
"(A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;
"(B) the number and amounts of voluntary separation incentive payments to be offered; and
"(C) a description of how the agency will operate without the eliminated positions and functions.
"(c)
"(1)
"(2)
"(A) shall be paid in a lump sum after the employee's separation;
"(B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;
"(C) shall be equal to the lesser of—
"(i) an amount equal to the amount the employee would be entitled to receive under
"(ii) an amount determined by the agency head not to exceed $25,000;
"(D) may not be made except in the case of any employee who voluntarily separates (whether by retirement or resignation) before February 1, 1997;
"(E) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
"(F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under
"(d)
"(1)
"(2)
"(e)
"(f)
"(1)
"(2)
"(a)
"(1) the term 'agency' means the Department of Agriculture;
"(2) the term 'employee' means an employee (as defined by
"(A) a reemployed annuitant under subchapter III of
"(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A);
"(C) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;
"(D) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 [
"(E) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment;
"(F) an employee covered by statutory reemployment rights who is on transfer to another organization; or
"(G) any employee who, during the twenty-four month period preceding the date of separation, has received a recruitment or relocation bonus under
"(b)
"(1)
"(2)
"(A) the positions and functions to be reduced or eliminated, identified by organizational unit, geographic location, occupational category and grade level;
"(B) the number and amounts of voluntary separation incentive payments to be offered; and
"(C) a description of how the agency will operate without the eliminated positions and functions.
"(c)
"(1)
"(2)
"(A) shall be paid in a lump sum after the employee's separation;
"(B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees;
"(C) shall be equal to the lesser of—
"(i) an amount equal to the amount the employee would be entitled to receive under
"(ii) an amount determined by the agency head not to exceed $25,000 in fiscal year 1997, $20,000 in fiscal year 1998, $15,000 in fiscal year 1999, or $10,000 in fiscal year 2000;
"(D) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and
"(E) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under
"(3)
"(d)
"(1)
"(2)
"(e)
"(f)
"(1)
"(2)
"(g)
"(a) Notwithstanding any other provision of law, in order to avoid or minimize the need for involuntary separations due to a reduction in force, reorganizations, transfer of function, or other similar action, the Secretary of the Smithsonian Institution may pay, or authorize the payment of, voluntary separation incentive payments to Smithsonian Institution employees who separate from Federal service voluntarily through October 1, 1996 (whether by retirement or resignation).
"(b) A voluntary separation incentive payment—
"(1) shall be paid in a lump sum after the employee's separation in an amount to be determined by the Secretary, but shall not exceed $25,000; and
"(2) shall not be a basis for payment, and shall not be included in the computation, of any other type of benefit.
"(c)(1) An employee who has received a voluntary separation incentive payment under this section and accepts employment with any agency or instrumentality of the United States within 5 years after the date of the separation on which the payment is based shall be required to repay the entire amount of the incentive payment to the Smithsonian Institution.
"(2) The repayment required by paragraph (1) may be waived only by the Secretary.
"(d) In addition to any other payments which it is required to make under subchapter III of
Section 3 of
"(a)
"(1) the term 'agency' means an Executive agency (as defined by
"(2) the term 'employee' means an employee (as defined by
"(A) a reemployed annuitant under subchapter III of
"(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A).
"(b)
"(1)
"(A) in any component of the agency;
"(B) in any occupation;
"(C) in any geographic location; or
"(D) on the basis of any combination of factors under subparagraphs (A) through (C).
"(2)
"(A)
"(B)
"(i) the agency head determines that, in order to ensure the performance of the agency's mission, it is necessary to delay such employee's separation; and
"(ii) the employee separates after completing any additional period of service required (but not later than March 31, 1997).
"(c)
"(1) shall be paid in a lump sum after the employee's separation;
"(2) shall be equal to the lesser of—
"(A) an amount equal to the amount the employee would be entitled to receive under
"(B) $25,000;
"(3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit;
"(4) shall not be taken into account in determining the amount of any severance pay to which an employee may be entitled under
"(5) shall be paid from appropriations or funds available for the payment of the basic pay of the employee.
"(d)
"(1)
"(2)
"(A)
"(B)
"(C)
"(3)
"(e)
"(f)
Monitoring and Report Relating to Voluntary Separation Incentive Payments
Section 6 of
"(1) the number of employees who received a voluntary separation incentive payment under section 3 [set out above] during such preceding fiscal year;
"(2) the agency from which each such employee separated;
"(3) at the time of separation from service by each such employee—
"(A) such employee's grade or pay level; and
"(B) the geographic location of such employee's official duty station, by region, State, and city (or foreign nation, if applicable); and
"(4)(A) the number of waivers made (in the repayment upon subsequent employment) by each agency or other authority under section 3 [set out above] or the amendments made by section 8 [amending this section and provisions set out as a note under
"(B) the title and the grade or pay level of the position filled by the employee to whom such waiver applied."
[Committee on Post Office and Civil Service of House of Representatives abolished by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995. References to Committee on Post Office and Civil Service treated as referring to Committee on Government Reform and Oversight, see section 1(b) of
Source of Payments
Section 4436(b)(1) of
Report
Section 4436(c) of
Section Referred to in Other Sections
This section is referred to in title 10 section 1598.
CHAPTER 57 —TRAVEL, TRANSPORTATION, AND SUBSISTENCE
SUBCHAPTER I—TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
SUBCHAPTER II—TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES
SUBCHAPTER III—TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS
SUBCHAPTER IV—MISCELLANEOUS PROVISIONS
Amendments
1998—
1996—
1994—
1992—
1990—
1986—
1983—
1978—
1975—
1970—
1967—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—TRAVEL AND SUBSISTENCE EXPENSES; MILEAGE ALLOWANCES
Subchapter Referred to in Other Sections
This subchapter is referred to in
§5701. Definitions
Except as otherwise provided in section 5707(d),1 for the purpose of this subchapter—
(1) "agency" means—
(A) an Executive agency;
(B) a military department;
(C) an office, agency, or other establishment in the legislative branch;
(D) an office, agency, or other establishment in the judicial branch; and
(E) the government of the District of Columbia;
but does not include—
(i) a Government controlled corporation;
(ii) a Member of Congress; or
(iii) an office or committee of either House of Congress or of the two Houses;
(2) "employee" means an individual employed in or under an agency including an individual employed intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis and an individual serving without pay or at $1 a year;
(3) "subsistence" means lodging, meals, and other necessary expenses for the personal sustenance and comfort of the traveler;
(4) "per diem allowance" means a daily payment instead of actual expenses for subsistence and fees or tips to porters and stewards;
(5) "Government" means the Government of the United States and the government of the District of Columbia; and
(6) "continental United States" means the several States and the District of Columbia, but does not include Alaska or Hawaii.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(1)–(5) | June 9, 1949, ch. 185, §2, |
|
(6) | [Uncodified]. | Aug. 14, 1961, |
In paragraph (1), the word "agency" is substituted for "departments and establishments". The terms "Executive agency" and "military department" are substituted for "any executive department, independent commission, board, bureau, office, agency, or other establishment in the executive branch of the Government, including wholly owned Government corporations" in view of the definitions in sections 105 and 102. The exception of "a Government controlled corporation" is added in subparagraph (i) to preserve the application of this subchapter to "wholly owned Government corporations".
Paragraph (2) is added for convenience and to eliminate the necessity of referring to "civilian officers and employees of the agencies" elsewhere in the text of the subchapter.
In paragraph (4), the words "for subsistence and fees or tips to porters and stewards" are added on authority of the words "in lieu of their actual expenses of subsistence and all fees or tips to porters and stewards" and "in lieu of subsistence" in former sections 836 and 73b–2, which are carried into sections 5702 and 5703, respectively.
Paragraph (5) is added for convenience and is based in part on former section 835(1)(A) and, insofar as concerns section 5703, on section 18 of the Act of Aug. 2, 1946, ch. 744,
Paragraph (6), insofar as concerns section 5703, is based in part on section 18 of the Act of Aug. 2, 1946, ch. 744,
The definition of "Member of Congress" in former section 835(4) is omitted as unnecessary in view of the definition of "Member of Congress" in section 2106.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1990—
1986—Par. (4).
1975—Par. (2).
Effective Date of 1986 Amendment; Regulations
Section 301 of
"(a) The Administrator of General Services shall promulgate regulations implementing the amendments made by sections 101, 102, 103, 104, and 106 of this Act [enacting
"(b) The amendments made by section 201 of this Act [enacting
Short Title of 1998 Amendment
Short Title of 1996 Amendment
Short Title of 1986 Amendment
Section 1 of
Short Title of 1975 Amendment
Section 1 of
Requiring Use of Travel Charge Card
"(a)
"(1) it is in the best interest of the United States to do so;
"(2) payment through a travel charge card is impractical or imposes unreasonable burdens or costs on Federal employees or Federal agencies; or
"(3) the Secretary of Defense or the Secretary of Transportation (with respect to the Coast Guard) requests an exemption with respect to the members of the uniformed services.
"(b)
"(c)
"(1)
"(2)
"(d)
"(1)
"(2)
"(3)
"(A)
"(B)
"(C)
"(e)
"(1) make the use of the travel charge card established pursuant to the United States Travel and Transportation System and Expense Control System, or any Federal contractor-issued travel charge card, mandatory for all payments of expenses of official Government travel pursuant to this section;
"(2) specify the procedures for effecting under subsection (d) a deduction from pay owed to an employee, and ensure that the due process protections provided to employees under such procedures are no less than the protections provided to employees pursuant to
"(3) provide that any deduction under subsection (d) from pay owed to an employee may occur only after reimbursement of the employee for the expenses of Government travel with respect to which the deduction is made; and
"(4) require agencies to promptly reimburse employees for expenses charged on a travel charge card pursuant to this section, and by no later than 30 days after the submission of a claim for reimbursement.
"(f)
"(1)
"(2)
"(3)
"(g)
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§5702. Per diem; employees traveling on official business
(a)(1) Under regulations prescribed pursuant to
(A) a per diem allowance at a rate not to exceed that established by the Administrator of General Services for travel within the continental United States, and by the President or his designee for travel outside the continental United States;
(B) reimbursement for the actual and necessary expenses of official travel not to exceed an amount established by the Administrator for travel within the continental United States or an amount established by the President or his designee for travel outside the continental United States; or
(C) a combination of payments described in subparagraphs (A) and (B) of this paragraph.
(2) Any per diem allowance or maximum amount of reimbursement shall be established, to the extent feasible, by locality.
(3) For travel consuming less than a full day, the payment prescribed by regulation shall be allocated in such manner as the Administrator may prescribe.
(b)(1) Under regulations prescribed pursuant to
(A) because of an incapacitating illness or injury which is not due to the employee's own misconduct is entitled to reimbursement for expenses of transportation to the employee's designated post of duty, or home or regular place of business, as the case may be, and to payments pursuant to subsection (a) of this section until that location is reached; or
(B) because of a personal emergency situation (such as serious illness, injury, or death of a member of the employee's family, or an emergency situation such as fire, flood, or act of God), may be allowed, with the approval of an appropriate official of the agency concerned, reimbursement for expenses of transportation to the employee's designated post of duty, or home or regular place of business, as the case may be, and payments pursuant to subsection (a) of this section until that location is reached.
(2)(A) Under regulations prescribed pursuant to
(i) reimbursement for expenses of transportation to the location where necessary medical services are provided or the emergency situation exists,
(ii) payments pursuant to subsection (a) of this section until that location is reached, and
(iii) such reimbursement and payments for return to such assignment.
(B) The reimbursement which an employee may be allowed pursuant to subparagraph (A) of this paragraph shall be the employee's actual costs of transportation to the location where necessary medical services are provided or the emergency exists, and return to assignment from such location, less the costs of transportation which the employee would have incurred had such travel begun and ended at the employee's designated post of duty, or home or regular place of business, as the case may be. The payments which an employee may be allowed pursuant to subparagraph (A) of this paragraph shall be based on the additional time (if any) which was required for the employee's transportation as a consequence of the transportation's having begun and ended at a location on the travel assignment (rather than at the employee's designated post of duty, or home or regular place of business, as the case may be).
(3) Subject to the limitations contained in regulations prescribed pursuant to
(c) This section does not apply to a justice or judge, except to the extent provided by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 9, 1949, ch. 185, §3, |
||
Apr. 26, 1950, ch. 108, |
||
July 28, 1955, ch. 424, §1, |
||
Aug. 14, 1961, |
In subsection (a), the term "employee" is substituted for "civilian officers and employees of the departments and establishments" in view of the definition of "employee" in sections 5701 and 2105. The words "in lieu of their actual expenses for subsistence and all fees or tips to porters and stewards" are omitted as unnecessary in view of the definition of "per diem allowance" in section 5701(4).
In subsection (b), the words "Under regulations prescribed under
In subsection (c), the words "Under regulations prescribed under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1992—
1986—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
1980—Subsec. (a).
Subsec. (c).
Subsec. (d).
1979—Subsec. (c).
1975—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsecs. (d), (e).
1969—Subsec. (a).
Subsec. (c).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Delegation of Functions
Authority of President under subsec. (a) of this section to establish maximum rates of per diem allowances to extent that such authority pertains to travel status of employees while enroute to, from, or between localities situated outside 48 contiguous States of United States and District of Columbia delegated to Administrator of General Services, see section 1(2) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
Authority of President under subsec. (a) of this section to establish maximum rates of per diem allowances and reimbursements for actual and necessary expenses of official travel for employees of Government to extent that such authority pertains to travel status in localities in Alaska, Hawaii, the Commonwealth of Puerto Rico, and possessions of United States delegated to Secretary of Defense, see section 1(h) of Ex. Ord. No. 10621, set out as a note under
Cost Savings for Official Travel
"(a)
"(b)
"(c)
Reports to Congress of Per Diem and Mileage Allowance Payments for Fiscal Years 1979 Through 1981; Rules and Regulations
Section 3 of
Ex. Ord. No. 12561. Delegation of Functions Relating to Travel Outside Continental United States
Ex. Ord. No. 12561, July 1, 1986, 51 F.R. 24299, provided:
By the authority vested in me as President by the Constitution and laws of the United States of America, including Section 102(a) of the Federal Civilian Employee and Contractor Travel Expenses Act of 1985 (
"(h) The authority vested in the President by Section 102(a) of the Federal Civilian Employee and Contractor Travel Expenses Act of 1985,
Ronald Reagan.
Section Referred to in Other Sections
This section is referred to in
§5703. Per diem, travel, and transportation expenses; experts and consultants; individuals serving without pay
An employee serving intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis, or serving without pay or at $1 a year, may be allowed travel or transportation expenses, under this subchapter, while away from his home or regular place of business and at the place of employment or service.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 2, 1946, ch. 744, §5, |
||
July 28, 1955, ch. 424, §2, |
||
Aug. 14, 1961, |
Subsection (a) is added on authority of section 18 of the Act of Aug. 2, 1946, ch. 744,
In subsection (b), the words "in lieu of subsistence" are omitted as unnecessary in view of the definition of "per diem allowance" in section 5701(4). The words "this subchapter" are substituted for "the Standardized Government Travel Regulations, Subsistence Expense Act of 1926, as amended (
In subsection (c), the words "this subchapter" are substituted for "said regulations and said Act of February 14, 1931, as so amended" as the Act of February 14, 1931, was repealed by section 9(a) of the Travel Expense Act of 1949,
In subsection (d), the words "Under regulations prescribed under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1975—
1969—Subsec. (c)(1).
Subsec. (d).
Cross References
Advisory panels of experts for research and demonstration projects in education of handicapped children, travel and per diem expenses, see
Coast Guard, travel expenses of Advisory Committee to Academy, see
Temporary employment of experts and consultants, see
Section Referred to in Other Sections
This section is referred to in
§5704. Mileage and related allowances
(a)(1) Under regulations prescribed under
(2) Under regulations prescribed under
(b) A determination that travel by a privately owned vehicle is more advantageous to the Government is not required under subsection (a) of this section when payment on a mileage basis is limited to the cost of travel by common carrier including per diem.
(c) Notwithstanding the provisions of subsections (a) and (b) of this section, in any case in which an employee who is engaged on official business for the Government chooses to use a privately owned vehicle in lieu of a Government vehicle, payment on a mileage basis is limited to the cost of travel by a Government vehicle.
(d) In addition to the rate per mile authorized under subsection (a) of this section, the employee may be reimbursed for—
(1) parking fees;
(2) ferry fees;
(3) bridge, road, and tunnel costs; and
(4) airplane landing and tie-down fees.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 9, 1949, ch. 185, §4, |
||
July 28, 1955, ch. 424, §4, Aug. 14, 1961, |
The word "employee" is substituted for "Civilian officers and employees of departments and establishments" in view of the definition of "employee" in sections 5701 and 2105.
In subsection (a), the words "Under regulations prescribed under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1994—
"(a) Under regulations prescribed under
"(1) 20 cents a mile for the use of a privately owned motorcycle;
"(2) 25 cents a mile for the use of a privately owned automobile; or
"(3) 45 cents a mile for the use of a privately owned airplane;
instead of actual expenses of transportation when that mode of transportation is authorized or approved as more advantageous to the Government. A determination of such advantage is not required when payment on a mileage basis is limited to the cost of travel by common carrier including per diem. Notwithstanding the preceding provisions of this subsection, in any case in which an employee who is engaged on official business for the Government chooses to use a privately owned vehicle in lieu of a Government vehicle, payment on a mileage basis is limited to the cost of travel by a Government vehicle.
"(b) In addition to the mileage allowance authorized under subsection (a) of this section, the employee may be reimbursed for—
"(1) parking fees;
"(2) ferry fees;
"(3) bridge, road, and tunnel costs; and
"(4) airplane landing and tie-down fees."
1980—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
1975—Subsec. (a).
Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
§5705. Advancements and deductions
An agency may advance, through the proper disbursing official, to an employee entitled to per diem or mileage allowances under this subchapter, a sum considered advisable with regard to the character and probable duration of the travel to be performed. A sum advanced and not used for allowable travel expenses is recoverable from the employee or his estate by—
(1) setoff against accrued pay, retirement credit, or other amount due the employee;
(2) deduction from an amount due from the United States; and
(3) such other method as is provided by law.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 9, 1949, ch. 185, §5, |
The words "disbursing official" are substituted for "disbursing officer" because of the definition of "officer" in section 2104 which excludes a member of a uniformed service. Application to section 5703 is based on former section 73b–2, which is carried into section 5703.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1975—
Section Referred to in Other Sections
This section is referred to in
§5706. Allowable travel expenses
Except as otherwise permitted by this subchapter or by statutes relating to members of the uniformed services, only actual and necessary travel expenses may be allowed to an individual holding employment or appointment under the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 9, 1949, ch. 185, §6, |
The words "members of the uniformed services" are substituted for "military personnel".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 7 sections 3128, 5843; title 16 sections 971a, 971b, 2443, 3608, 3641, 5608, 5709; title 22 section 1474; title 24 section 415.
§5706a. Subsistence and travel expenses for threatened law enforcement personnel
(a) Under regulations prescribed pursuant to
(b) When a situation described in subsection (a) of this section requires the employee or members of the employee's family (or both) to be temporarily relocated away from the employee's designated post of duty, the head of the agency concerned may approve transportation expenses to and from such alternate location.
(Added
Effective Date
Section effective (1) on effective date of regulations to be promulgated not later than 150 days after Jan. 2, 1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see section 301(a) of
Section Referred to in Other Sections
This section is referred to in
§5706b. Interview expenses
An individual being considered for employment by an agency may be paid travel or transportation expenses under this subchapter for travel to and from pre-employment interviews determined necessary by the agency.
(Added
Effective Date
Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of
Section Referred to in Other Sections
This section is referred to in title 7 sections 3128, 5843; title 16 sections 971a, 971b, 2443, 3608, 3641, 5608, 5709; title 22 section 1474; title 24 section 415; title 38 section 7410.
§5706c. Reimbursement for taxes incurred on money received for travel expenses
(a) Under regulations prescribed pursuant to
(b) Reimbursements under this section shall include an amount equal to all income taxes for which the employee and spouse, as the case may be, would be liable due to the reimbursement for the taxes referred to in subsection (a). In addition, reimbursements under this section shall include penalties and interest, for the tax years 1993 and 1994 only, as a result of agencies failing to withhold the appropriate amounts for tax liabilities of employees affected by the change in the deductibility of travel expenses made by
(Added
References in Text
Effective Date
§5707. Regulations and reports
(a)(1) The Administrator of General Services shall prescribe regulations necessary for the administration of this subchapter, except that the Director of the Administrative Office of the United States Courts shall prescribe such regulations with respect to official travel by employees of the judicial branch of the Government.
(2) Regulations promulgated to implement
(b) The Administrator of General Services shall prescribe the mileage reimbursement rates for use on official business of privately owned airplanes, privately owned automobiles, and privately owned motorcycles while engaged on official business as provided for in
(1)(A) The Administrator of General Services, in consultation with the Secretary of Transportation, the Secretary of Defense, and representatives of organizations of employees of the Government, shall conduct periodic investigations of the cost of travel and the operation of privately owned vehicles to employees while engaged on official business, and shall report the results of such investigations to Congress at least once a year.
(B) In conducting the periodic investigations, the Administrator shall review and analyze among other factors—
(i) depreciation of original vehicle cost;
(ii) gasoline and oil (excluding taxes);
(iii) maintenance, accessories, parts, and tires;
(iv) insurance; and
(v) State and Federal taxes.
(2)(A) The Administrator shall issue regulations under this section which—
(i) shall prescribe a mileage reimbursement rate which reflects the current costs as determined by the Administrator of operating privately owned automobiles, and which shall not exceed, as provided in
(ii) shall prescribe mileage reimbursement rates which reflect the current costs as determined by the Administrator of operating privately owned airplanes and motorcycles.
(B) At least once each year after the issuance of the regulations described in subparagraph (A) of this paragraph, the Administrator shall determine, based upon the results of the cost investigation, specific figures, each rounded to the nearest half cent, of the average, actual cost per mile during the period for the use of a privately owned airplane, automobile, and motorcycle.
(C) The Administrator shall report the specific figures to Congress not later than five working days after the Administrator makes the cost determination. Each such report shall be printed in the Federal Register.
(D) The mileage reimbursement rates contained in the regulations prescribed under this section shall be adjusted within thirty days following the submission of the report under subparagraph (C) of this paragraph.
(c) The Administrator of General Services shall periodically, but at least every 2 years, submit to the Director of the Office of Management and Budget an analysis of estimated total agency payments for such items as travel and transportation of people, average costs and duration of trips, and purposes of official travel; and of estimated total agency payments for employee relocation. This analysis shall be based on a sampling survey of agencies each of which spent more than $5,000,000 during the previous fiscal year on travel and transportation payments, including payments for employee relocation. Agencies shall provide to the Administrator the necessary information in a format prescribed by the Administrator and approved by the Director.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 9, 1949, ch. 185, §7, |
The first sentence is based in part on former sections 73b–2, 836, and 837, which are carried into this subchapter. Application of the second sentence to section 5703, and the third sentence, are based on former section 73b–2, which is carried into section 5703.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (b)(1)(A).
Subsec. (d).
1994—Subsec. (b).
Subsec. (c).
1990—Subsec. (d).
1986—Subsec. (a).
Subsec. (c).
1975—
Effective Date of 1986 Amendment
Amendment by
Regulations; Time for Issuance
Section 6(b) of
Reports Regarding Foreign Travel
"(a)
"(b)
"(1) the name and employing agency of the officer or employee;
"(2) the name of the official who authorized the travel; and
"(3) the purpose and duration of the travel.
"(c)
"(1) setting forth the actual duration and cost of the travel; and
"(2) updating any other information included in the preliminary report.
"(d)
"(1) the names and employing agencies of all officers and employees of Executive branch agencies who attended the international conference;
"(2) the names of all officials who authorized travel to the international conference, and the total number of officers and employees who were authorized to travel to the conference by each such official; and
"(3) the total cost of travel by officers and employees of Executive branch agencies to the international conference.
"(e)
"(1) the President or the Vice President;
"(2) any officer or employee who is carrying out an intelligence or intelligence-related activity, who is performing a protective function, or who is engaged in a sensitive diplomatic mission; or
"(3) any officer or employee who travels prior to January 1, 1999.
"(f)
"(1)
"(2)
"(A) an entity or entities, other than the General Accounting Office, defined in
"(B) the Executive Office of the President (except as provided in subsection (e)).
"(3)
"(g)
"(1) the total Federal expenditure of all official international travel in each Executive branch agency during the previous fiscal year; and
"(2) the total number of individuals in each agency who engaged in such travel."
Reporting of Employee Relocation Expenses
GAO Audit of Agency Compliance
Section 5(b) of
Section Referred to in Other Sections
This section is referred to in
§5707a. Adherence to fire safety guidelines in establishing rates and discounts for lodging expenses
(a)(1) For the purpose of making payments under this chapter for lodging expenses incurred in a State, each agency shall ensure that not less than 90 percent of the commercial-lodging room nights for employees of that agency for a fiscal year are booked in approved places of public accommodation.
(2) Each agency shall establish explicit procedures to satisfy the percentage requirement of paragraph (1).
(3) An agency shall be considered to be in compliance with the percentage requirement of paragraph (1) until September 30, 2002, and after that date if travel arrangements of the agency, whether made for civilian employees, members of the uniformed services, or foreign service personnel, are made through travel management processes designed to book commercial lodging in approved places of public accommodation, whenever available.
(b) Studies or surveys conducted for the purposes of establishing per diem rates for lodging expenses under this chapter shall be limited to approved places of public accommodation. The provisions of this subsection shall not apply with respect to studies and surveys that are conducted in any jurisdiction that is not a State.
(c) The Administrator of General Services may not include in any directory which lists lodging accommodations any hotel, motel, or other place of public accommodation that is not an approved place of public accommodation.
(d) The Administrator of General Services shall include in each directory which lists lodging accommodations a description of the access and safety devices, including appropriate emergency alerting devices, which each listed place of public accommodation provides for guests who are hearing-impaired or visually or physically handicapped.
(e) The Administrator of General Services may take any additional actions the Administrator determines appropriate to facilitate the ability of employees traveling on official business to stay at approved places of public accommodation.
(f) For purposes of this section:
(1) The term "agency" does not include the government of the District of Columbia.
(2) The term "approved places of public accommodation" means hotels, motels, and other places of public accommodation that are listed by the Director of the Federal Emergency Management Agency as meeting the requirements of the fire prevention and control guidelines described in section 29 of the Federal Fire Prevention and Control Act of 1974 (
(3) The term "State" means any State, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, the Virgin Islands, Guam, American Samoa, or any other territory or possession of the United States.
(Added
Amendments
1997—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
Effective Date
Section 4(c) of
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Section Referred to in Other Sections
This section is referred to in title 16 sections 5608, 5709.
§5708. Effect on other statutes
This subchapter does not modify or repeal—
(1) any statute providing for the traveling expenses of the President;
(2) any statute providing for mileage allowances for Members of Congress;
(3) any statute fixing or permitting rates higher than the maximum rates established under this subchapter; or
(4) any appropriation statute item for examination of estimates in the field.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(1), (2) | June 9, 1949, ch. 185, §8, |
|
(3), (4) | June 9, 1949, ch. 185, §9, |
In paragraph (2), the words "Members of Congress" are substituted for "the President of the Senate or Members of Congress" in view of the definition of "Member of Congress" in section 2106.
The first sentence of section 9 of the Act of June 9, 1949, which repealed the Subsistence Act of 1926 and the Auto Mileage Act of February 14, 1931, is omitted as executed.
The first proviso of former section 842, which related to appropriation Acts for the years 1949 and 1950, is omitted as obsolete. The remainder of former section 842, other than the parenthetical expressions, is omitted as executed and existing rights are preserved by technical section 8.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 16 sections 971a, 971b, 2443, 3608, 3641, 5608, 5709; title 22 section 1474.
§5709. Air evacuation patients: furnished subsistence
Notwithstanding any other provision of law, and under regulations prescribed under
(Added
§5710. Authority for travel expenses test programs
(a)(1) Notwithstanding any other provision of this subchapter, under a test program which the Administrator of General Services determines to be in the interest of the Government and approves, an agency may pay through the proper disbursing official for a period not to exceed 24 months any necessary travel expenses in lieu of any payment otherwise authorized or required under this subchapter. An agency shall include in any request to the Administrator for approval of such a test program an analysis of the expected costs and benefits and a set of criteria for evaluating the effectiveness of the program.
(2) Any test program conducted under this section shall be designed to enhance cost savings or other efficiencies that accrue to the Government.
(3) Nothing in this section is intended to limit the authority of any agency to conduct test programs.
(b) The Administrator shall transmit a copy of any test program approved by the Administrator under this section to the appropriate committees of the Congress at least 30 days before the effective date of the program.
(c) An agency authorized to conduct a test program under subsection (a) shall provide to the Administrator and the appropriate committees of the Congress a report on the results of the program no later than 3 months after completion of the program.
(d) No more than 10 test programs under this section may be conducted simultaneously.
(e) The authority to conduct test programs under this section shall expire 7 years after the date of the enactment of the Travel and Transportation Reform Act of 1998.
(Added
References in Text
The date of the enactment of the Travel and Transportation Reform Act of 1998, referred to in subsec. (e), is the date of enactment of
SUBCHAPTER II—TRAVEL AND TRANSPORTATION EXPENSES; NEW APPOINTEES, STUDENT TRAINEES, AND TRANSFERRED EMPLOYEES
Subchapter Referred to in Other Sections
This subchapter is referred to in title 8 section 1353; title 46 App. section 1717.
§5721. Definitions
For the purpose of this subchapter—
(1) "agency" means—
(A) an Executive agency;
(B) a military department;
(C) a court of the United States;
(D) the Administrative Office of the United States Courts;
(E) the Library of Congress;
(F) the Botanic Garden;
(G) the Government Printing Office; and
(H) the government of the District of Columbia;
but does not include a Government controlled corporation;
(2) "employee" means an individual employed in or under an agency;
(3) "continental United States" means the several States and the District of Columbia, but does not include Alaska or Hawaii;
(4) "Government" means the government of the United States and the government of the District of Columbia;
(5) "appropriation" includes funds made available by statute under
(6) "United States" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the territories and possessions of the United States, and the areas and installations in the Republic of Panama that are 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); and
(7) "Foreign Service of the United States" means the Foreign Service as constituted under the Foreign Service Act of 1980.
(
Historical and Revision Notes
The section is based on sections 18 and 19 of the Act of Aug. 2, 1946, ch. 744,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 3(a) of the Panama Canal Act of 1979, referred to in par. (6), is classified to
The Foreign Service Act of 1980, referred to in par. (7), is
Amendments
1998—Pars. (6), (7).
1982—Par. (5).
Cross References
Definition of agency—
Applicability to provisions covering delegation of authority by agency heads, see
Applicability to provisions covering witness fees and allowances, see
Section Referred to in Other Sections
This section is referred to in
§5722. Travel and transportation expenses of new appointees; posts of duty outside the continental United States
(a) Under regulations prescribed under
(1) travel expenses of a new appointee and transportation expenses of his immediate family and his household goods and personal effects from the place of actual residence at the time of appointment to the place of employment outside the continental United States;
(2) these expenses on the return of an employee from his post of duty outside the continental United States to the place of his actual residence at the time of assignment to duty outside the continental United States; and
(3) the expenses of transporting a privately owned motor vehicle as authorized under
(b) An agency may pay expenses under subsection (a)(1) of this section only after the individual selected for appointment agrees in writing to remain in the Government service for a minimum period of—
(1) one school year as determined under
(2) 12 months after his appointment, if selected for appointment to any other position;
unless separated for reasons beyond his control which are acceptable to the agency concerned. If the individual violates the agreement, the money spent by the Government for the expenses is recoverable from the individual as a debt due the Government.
(c) An agency may pay expenses under subsection (a)(2) of this section only after the individual has served for a minimum period of—
(1) one school year as determined under
(2) not less than one nor more than 3 years prescribed in advance by the head of the agency, if employed in any other position;
unless separated for reasons beyond his control which are acceptable to the agency concerned. These expenses are payable whether the separation is for Government purposes or for personal convenience.
(d) This section does not apply to appropriations for the Foreign Service of the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 2, 1946, ch. 744, §7, |
||
Aug. 30, 1961, |
In subsections (b)(1) and (c)(1), the words "under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (a)(2).
Subsec. (b).
1996—Subsec. (a).
Subsec. (a)(3).
Effective Date of 1996 Amendment
Section 1725(a) of title XVII of div. A of
Regulations
Section 1725(b) of title XVII of div. A of
Assessment of Cost Savings
Section 1724 of title XVII of div. A of
Section Referred to in Other Sections
This section is referred to in
§5723. Travel and transportation expenses of new appointees and student trainees
(a) Under regulations prescribed under
(1) travel expenses (A) of a new appointee, or a student trainee when assigned on completion of college work, to any position, (B) of a new appointee to the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service, or (C) of any person appointed by the President to a position the rate of pay for which is equal to or higher than the minimum rate of pay payable for a position classified above GS–15 pursuant to section 5108;
(2) transportation expenses of his immediate family and his household goods and personal effects to the extent authorized by
(3) the expenses of transporting a privately owned motor vehicle as authorized under
from his place of residence at the time of selection or assignment to his duty station. If the travel and transportation expenses of a student trainee were paid when he was appointed, they may not be paid when he is assigned after completion of college work. Travel expenses payable under this subsection may include the per diem and mileage allowances authorized for employees by subchapter I of this chapter. Advances of funds may be made for the expenses authorized by this subsection to the extent authorized by
(b) An agency may pay travel and transportation expenses under subsection (a) of this section only after the individual selected or assigned agrees in writing to remain in the Government service for 12 months after his appointment or assignment, unless separated for reasons beyond his control which are acceptable to the agency concerned. If the individual violates the agreement, the money spent by the Government for the expenses is recoverable from the individual as a debt due the Government.
(c) An agency may pay travel and transportation expenses under subsection (a) of this section whether or not the individual selected has been appointed at the time of the travel. In the case of an appointee described in subsection (a)(1) who has performed transition activities under section 3 of the Presidential Transition Act of 1963 (
(d) This section does not impair or otherwise affect the authority of an agency under existing statute to pay travel and transportation expenses of individuals named by subsection (a) of this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 25, 1958, |
||
July 5, 1960, |
||
Oct. 16, 1963, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 3 of the Presidential Transition Act of 1963, referred to in subsecs. (a) and (c), is section 3 of
Amendments
1998—Subsec. (b).
1996—Subsec. (a).
Subsec. (a)(3).
1992—
Subsecs. (d), (e).
1990—Subsec. (a)(1)(A).
Subsec. (a)(1)(C).
1988—Subsec. (a).
Subsec. (a)(1).
Subsec. (c).
1984—Subsec. (a)(1).
1983—Subsec. (a)(1).
1978—Subsec. (a)(1).
Subsec. (d).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1983 Amendment; Regulations
Amendment by
Effective Date of 1978 Amendment
Amendment by sections 305 and 906(a)(2), (3) of
Amendment by section 409(a) of
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
§5724. Travel and transportation expenses of employees transferred; advancement of funds; reimbursement on commuted basis
(a) Under regulations prescribed under
(1) the travel expenses of an employee transferred in the interest of the Government from one official station or agency to another for permanent duty, and the transportation expenses of his immediate family, or a commutation thereof under
(2) the expenses of transporting, packing, crating, temporarily storing, draying, and unpacking his household goods and personal effects not in excess of 18,000 pounds net weight; and
(3) upon the separation (or death in service) of a career appointee, as defined in
(A) during or after the five years preceding eligibility to receive an annuity under subchapter III of
(B) is eligible to receive an annuity upon such separation (or, in the case of death in service, met the requirements for being considered eligible to receive an annuity, as of date of death) under the provisions of subchapter III of
(b) Under regulations prescribed under
(1) a reasonable allowance for transportation of the house trailer or mobile dwelling, if the trailer or dwelling is transported by the employee; or
(2) commercial transportation of the house trailer or mobile dwelling, at Government expense, or reimbursement to the employee therefor, including the payment of necessary tolls, charges, and permit fees, if the trailer or dwelling is not transported by the employee.
However, payment under this subsection may not exceed the maximum payment to which the employee otherwise would be entitled under subsection (a) of this section for transportation and temporary storage of his household goods and personal effects in connection with this transfer.
(c) Under regulations prescribed under
(d) When an employee transfers to a post of duty outside the continental United States, his expenses of travel and transportation to and from the post shall be allowed to the same extent and with the same limitations prescribed for a new appointee under
(e) When an employee transfers from one agency to another, the agency to which he transfers pays the expenses authorized by this section. However, under regulations prescribed under
(f) An advance of funds may be made to an employee under regulations prescribed under
(g) The allowances authorized by this section do not apply to an employee transferred under the Foreign Service Act of 1980.
(h) When a transfer is made primarily for the convenience or benefit of an employee, including an employee in the Foreign Service of the United States, or at his request, his expenses of travel and transportation and the expenses of transporting, packing, crating, temporarily storing, draying, and unpacking of household goods and personal effects may not be allowed or paid from Government funds.
(i) An agency may pay travel and transportation expenses (including storage of household goods and personal effects) and other relocation allowances under this section and
(j) The regulations prescribed under this section shall provide that the reassignment or transfer of any employee, for permanent duty, from one official station or agency to another which is outside the employee's commuting area shall take effect only after the employee has been given advance notice for a reasonable period. Emergency circumstances shall be taken into account in determining whether the period of advance notice is reasonable.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 2, 1946, ch. 744, §1(a), (b), Sept. 23, 1950, ch. 1010, §§1(a), (b), 3(b), |
||
Feb. 12, 1958, |
||
Sept. 6, 1960, |
||
Oct. 9, 1962, |
In subsections (a)(1) and (f), the words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5724(a)(2) | 5 App.: 73b–1(a). | July 21, 1966, |
5724(c) | 5 App.: 73b–1(b). | July 21, 1966, |
5724(e) | 5 App.: 73b–4d. | July 21, 1966, |
5724(i) | 5 App.: 73b–4f. | July 21, 1966, |
Subsection (a)(1), (3) of section 1 of the act of July 21, 1966, was effected in the codification of
In subsection (e), the word "However" is substituted for "and notwithstanding the provisions of the fourth proviso of section 1(a) of this Act" to reflect the codification of that proviso in
In subsection (i), the words "An agency may pay * * * expenses * * * and allowances under this section and
References in Text
The Foreign Service Act of 1980, referred to in subsec. (g), is
Amendments
1998—Subsec. (a)(3).
Subsec. (i).
1997—Subsec. (a)(3).
1996—Subsecs. (a), (b).
Subsec. (c).
Subsec. (e).
Subsec. (f).
1994—Subsec. (a)(3).
"(A) during or after the five years preceding eligibility to receive an annuity under subchapter III of
"(B) is eligible to receive an annuity upon such separation under the provisions of subchapter III of
Subsec. (a)(3)(A).
1992—Subsec. (a)(3)(A).
1988—Subsec. (a)(3).
Subsec. (a)(3)(A).
1983—Subsec. (a)(2).
Subsec. (b)(1).
Subsec. (i).
Subsec. (j).
1980—Subsec. (g).
1968—Subsec. (e).
Effective Date of 1997 Amendment
Section 3550(c)(3) of
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Section 3(b) of
Section 5(a) of
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1983 Amendment; Promulgation of Regulations
Section 118(c) of
"(1) The amendments made by subsection (a) [enacting
"(2) Not later than thirty days after the date of the enactment of this joint resolution, the President shall prescribe the regulations required under the amendments made by subsection (a). Such regulations shall take effect as of such date of enactment."
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Moving Expenses for Family of Career Appointees Dying in Service Between January 1, 1994, and October 6, 1994
Section 5(b) of
"(1)
"(2)
"(i) before separating from Government service; and
"(ii) during the period beginning on January 1, 1994, and ending on the effective date of this Act [Oct. 6, 1994].
"(3)
Funding of Amendments by Pub. L. 100–440
Section 629(b) of
Funding of Amendments by Pub. L. 98–151
Section 118(b) of
Rates of Reimbursement
Administrator of General Services empowered to prescribe regulations relating to establishment of rates used in reimbursing civilian officers or employees of Government on a commuted basis in lieu of payment of actual expenses of transportation, etc., of their household goods and personal effects upon transfer from one official station to another, see Ex. Ord. No. 11012, Mar. 28, 1962, 27 F.R. 2983, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§5724a. Relocation expenses of employees transferred or reemployed
(a) Under regulations prescribed under section 5738, an agency shall pay to or on behalf of an employee who transfers in the interest of the Government, a per diem allowance or the actual subsistence expenses, or a combination thereof, of the immediate family of the employee for en route travel of the immediate family between the employee's old and new official stations.
(b)(1) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government between official stations located within the United States—
(A) the expenses of transportation of the employee and the employee's spouse for travel to seek permanent residence quarters at a new official station; and
(B) either—
(i) a per diem allowance or the actual subsistence expenses (or a combination of both); or
(ii) an amount for subsistence expenses, that may not exceed a maximum amount determined by the Administrator of General Services.
(2) Expenses may be allowed under paragraph (1) only for one round trip in connection with each change of station of the employee.
(c)(1) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government—
(A) actual subsistence expenses of the employee and the employee's immediate family for a period of up to 60 days while the employee or family is occupying temporary quarters when the new official station is located within the United States; or
(B) an amount for subsistence expenses, that may not exceed a maximum amount determined by the Administrator of General Services, instead of the actual subsistence expenses authorized in subparagraph (A) of this paragraph.
(2) The period authorized in paragraph (1) of this subsection for payment of expenses for residence in temporary quarters may be extended up to an additional 60 days if the head of the agency concerned or the designee of such head of the agency determines that there are compelling reasons for the continued occupancy of temporary quarters.
(3) The regulations implementing paragraph (1)(A) shall prescribe daily rates and amounts for subsistence expenses per individual.
(d)(1) Under regulations prescribed under section 5738, an agency shall pay to or on behalf of an employee who transfers in the interest of the Government, expenses of the sale of the residence (or the settlement of an unexpired lease) of the employee at the old official station and purchase of a residence at the new official station that are required to be paid by the employee, when the old and new official stations are located within the United States.
(2) Under regulations prescribed under section 5738, an agency shall pay to or on behalf of an employee who transfers in the interest of the Government from a post of duty located outside the United States to an official station within the United States (other than the official station within the United States from which the employee was transferred when assigned to the foreign tour of duty)—
(A) expenses required to be paid by the employee of the sale of the residence (or the settlement of an unexpired lease) of the employee at the old official station from which the employee was transferred when the employee was assigned to the post of duty located outside the United States; and
(B) expenses required to be paid by the employee of the purchase of a residence at the new official station within the United States.
(3) Reimbursement of expenses under paragraph (2) of this subsection shall not be allowed for any sale (or settlement of an unexpired lease) or purchase transaction that occurs prior to official notification that the employee's return to the United States would be to an official station other than the official station from which the employee was transferred when assigned to the post of duty outside the United States.
(4) Reimbursement for brokerage fees on the sale of the residence and other expenses under this subsection may not exceed those customarily charged in the locality where the residence is located.
(5) Reimbursement may not be made under this subsection for losses incurred by the employee on the sale of the residence.
(6) This subsection applies regardless of whether title to the residence or the unexpired lease is—
(A) in the name of the employee alone;
(B) in the joint names of the employee and a member of the employee's immediate family; or
(C) in the name of a member of the employee's immediate family alone.
(7)(A) In connection with the sale of the residence at the old official station, reimbursement under this subsection shall not exceed 10 percent of the sale price.
(B) In connection with the purchase of a residence at the new official station, reimbursement under this subsection shall not exceed 5 percent of the purchase price.
(8) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government expenses of property management services, instead of expenses under paragraph (1) or (2) of this subsection for sale of the employee's residence, when the agency determines that such transfer is advantageous and cost-effective for the Government.
(e) Under regulations prescribed under section 5738, an agency may pay to or on behalf of an employee who transfers in the interest of the Government, the expenses of property management services when the employee transfers to a post of duty outside the United States. Such payment shall terminate upon return of the employee to an official station within the United States.
(f)(1) Under regulations prescribed under section 5738 and subject to paragraph (2), an employee who is reimbursed under subsections (a) through (e) of this section or
(A) not to exceed two weeks' basic pay, if such employee has an immediate family; or
(B) not to exceed one week's basic pay, if such employee does not have an immediate family.
(2) Amounts paid under paragraph (1) may not exceed amounts determined at the maximum rate payable for a position at GS–13 of the General Schedule.
(g) A former employee separated by reason of reduction in force or transfer of function who within one year after the separation is reemployed by a nontemporary appointment at a different geographical location from that where the separation occurred, may be allowed and paid the expenses authorized by
(h) Payments for subsistence expenses, including amounts in lieu of per diem or actual subsistence expenses or a combination thereof, authorized under this section may not exceed the maximum payment allowed under regulations which implement
(Added
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5724a(a) | 5 App.: 73b–4a. | July 21, 1966, |
5724a(b) | 5 App.: 73b–4b. | July 21, 1966, |
5724a(c) | 5 App.: 73b–4e. | July 21, 1966, |
In subsection (a), the word "agency" is substituted for "department" to conform to the definition in
In subsection (b), the words "this subchapter" and "subsection (a) of this section or
In subsection (c), the word "officer" is omitted as included in "employee". The words "
References in Text
The General Schedule, referred to in subsec. (f)(2), is set out under
Amendments
1998—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(1)(B)(ii).
Subsec. (c)(1).
Subsec. (c)(1)(B).
Subsec. (d)(1), (2).
Subsec. (d)(2)(A).
Subsec. (d)(2)(B).
Subsec. (d)(8).
Subsec. (e).
Subsec. (f)(1).
Subsec. (i).
Subsec. (j).
1997—Subsec. (j).
1996—
Subsec. (c).
Subsec. (d).
Subsec. (d)(8).
Subsec. (e).
Subsecs. (f) to (j).
1990—Subsec. (a)(2).
1987—Subsec. (a)(4)(A).
1986—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
1983—Subsec. (a)(3).
Subsec. (a)(4).
1979—Subsec. (a)(3), (4).
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1987 Amendment
Section 101(m) [title VI, §628(a)(2)] of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1983 Amendment; Promulgation of Regulations
Amendment by
Effective Date of 1979 Amendment
Amendment by
Extension of Payment of Relocation Expenses to Puerto Rico, Northern Mariana Islands, and Territories and Possessions of the United States
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
§5724b. Taxes on reimbursements for travel, transportation, and relocation expenses of employees transferred
(a) Under regulations prescribed under
(b) For the purposes of this section, "moving or storage expenses" means travel and transportation expenses (including storage of household goods and personal effects under
(Added
Codification
Prior to amendment by
Amendments
1996—Subsec. (a).
1984—
Effective Date of 1996 Amendment
Amendment by
Effective Date; Promulgation of Regulations
Enactment by
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
1 See Codification note below.
§5724c. Relocation services
Under regulations prescribed under
(Added
Amendments
1996—
1984—
Effective Date of 1996 Amendment
Amendment by
Effective Date; Promulgation of Regulations
Enactment by
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
§5725. Transportation expenses; employees assigned to danger areas
(a) When an employee of the Government is on duty, or is transferred or assigned to duty, at a place designated by the head of the agency concerned as inside a zone—
(1) from which his immediate family should be evacuated; or
(2) to which they are not permitted to accompany him;
because of military or other reasons which create imminent danger to life or property, or adverse living conditions which seriously affect the health, safety, or accommodations of the immediate family, Government funds may be used to transport his immediate family and household goods and personal effects, under regulations prescribed by the head of the agency, to a location designated by the employee. When circumstances prevent the employee from designating a location, or it is administratively impracticable to determine his intent, the immediate family may designate the location. When the designated location is inside a zone to which movement of families is prohibited under this subsection, the employee or his immediate family may designate an alternate location.
(b) When the employee is assigned to a duty station from which his immediate family is not excluded by the restrictions in subsection (a) of this section, Government funds may be used to transport his immediate family and household goods and personal effects from the designated or alternate location to the duty station.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 23, 1960, ch. 1010, §1(c), |
The word "employee" is substituted for "civilian officers and employees" in view of the definition of "employee" in sections 5721 and 2105.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§5726. Storage expenses; household goods and personal effects
(a) For the purpose of subsection (b) of this section, "household goods and personal effects" means such personal property of an employee and his dependents as authorized under regulations prescribed under
(b) Under regulations prescribed under
(1) the duty station is one to which he cannot take or at which he is unable to use his household goods and personal effects; or
(2) the head of the agency concerned authorizes storage of the household goods and personal effects in the public interest or for reasons of economy.
The weight of the household goods and personal effects stored under this subsection, together with the weight of property transported under section 5724(a), may not exceed 18,000 pounds net weight, excluding a motor vehicle described by subsection (a) of this section.
(c) Under regulations prescribed under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 6, 1960, |
The word "employee" is substituted for "civilian officer or employee" in view of the definition of "employee" in sections 5721 and 2105.
In subsection (b), the words "including a new appointee and a student trainee to the extent authorized by
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5726(c) | 5 App.: 73b–4c. | July 21, 1966, |
The amendment of subsection (a) of
Subsection (b) of
In subsection (c), the word "employee" is substituted for "civilian officer or employee" to conform to the definitions in
Subsection (b) of section 25 of the Administrative Expenses Act of 1946 (added by section 2 of
Amendments
1996—Subsec. (a).
Subsecs. (b), (c).
1983—Subsec. (b).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1983 Amendment; Promulgation of Regulations
Amendment by
Funding of Amendments by Pub. L. 98–151
Amendments by
Section Referred to in Other Sections
This section is referred to in
§5727. Transportation of motor vehicles
(a) Except as specifically authorized by statute, an authorization in a statute or regulation to transport the effects of an employee or other individual at Government expense is not an authorization to transport an automobile.
(b) Under regulations prescribed under
(1) the employee is assigned to the post of duty for other than temporary duty; and
(2) the head of the agency concerned determines that it is in the interest of the Government for the employee to have the use of a motor vehicle at the post of duty.
(c) Under regulations prescribed under
(d) An employee may transport only one motor vehicle under subsection (b) of this section during a 4-year period, except when the head of the agency concerned determines that replacement of the motor vehicle during the period is necessary for reasons beyond the control of the employee and is in the interest of the Government, and authorizes in advance the transportation under subsection (b) of this section of one additional privately owned motor vehicle as a replacement. When an employee has remained in continuous service outside the continental United States during the 4-year period after the date of transportation under subsection (b) of this section of his motor vehicle, the head of the agency concerned may authorize transportation under subsection (b) of this section of a replacement for that motor vehicle.
(e) When the head of an agency authorizes transportation under subsection (b) or (c) of this section of a privately owned motor vehicle, the transportation may be by—
(1) commercial means, if available at reasonable rates and under reasonable conditions; or
(2) Government means on a space-available basis.
(f)(1) This section, except subsection (a), does not apply to—
(A) the Foreign Service of the United States; or
(B) the Central Intelligence Agency.
(2) This section, except subsection (a), does not affect
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | June 30, 1932, ch. 314, §209, |
|
Aug. 13, 1946, ch. 957, §1131(64), 60 Stat. Stat. 1040. | ||
(b)–(e) | Sept. 6, 1960, Feb. 5, 1964, |
In subsection (a), the proviso in former section 73c is omitted as superseded by
In subsection (b), the words "including a new appointee and a student trainee to the extent authorized by
The last sentence of subsection (f) of former section 73b–1 which provided that for the purposes of that subsection and subsection (e), which is carried into section 5726, Alaska shall be considered to be outside the continental limits of the United States is omitted as unnecessary in view of the definition of "continental United States" in section 5721(4).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (d).
1996—Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1980—Subsec. (e)(2).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5728. Travel and transportation expenses; vacation leave
(a) Under regulations prescribed under
(b) Under regulations prescribed under
(c)(1) Under regulations prescribed under
(2) The expenses payable under paragraph (1) of this subsection are the expenses of round-trip travel of an employee, and the transportation of his immediate family, but not household goods, from his post of duty in Alaska or Hawaii to the place of his actual residence at the time of appointment or transfer to the post of duty, incurred after he has satisfactorily completed an agreed period of service in Alaska or Hawaii and in returning to his actual place of residence to take leave before serving another tour of duty at the same or another post of duty in Alaska or Hawaii under a new written agreement made before departing from the post of duty.
(3) The payment of expenses of any employee and the transportation of his family under paragraph (1) of this subsection is limited to the expenses of travel and transportation incurred for not more than two round trips commenced within 5 years after the date the employee first commences any period of consecutive tours of duty in Alaska or Hawaii.
(d) This section does not apply to appropriations for the Foreign Service of the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Aug. 31, 1954, ch. 1155 (1st proviso), |
|
(b) | Sept. 2, 1958, |
The first 14 words of subsections (a) and (b), and subsection (c), are added on authority of former section 73b–3(a) (less 3d–6th provisos), which is carried into section 5722.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (b).
1996—Subsecs. (a) to (c)(1).
1982—Subsecs. (a), (b).
Subsecs. (c), (d).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1982 Amendment
Section 351(c), (d) of
"(c)(1) Except as provided in paragraph (2), the amendments made by subsection (a) [amending this section] shall take effect with respect to expenses incurred after the date of enactment of this Act [Sept. 8, 1982] for round-trip travel (commenced after such date) of an employee or transportation of his immediate family from his post of duty to the place of his actual residence at the time of appointment or transfer to the post of duty.
"(2) The amendments made by this section [amending this section] shall not apply to any employee who is serving a tour of duty at a post of duty in Alaska or Hawaii on the date of the enactment of this Act [Sept. 8, 1982] during—
"(A) such tour of duty, and
"(B) any other consecutive tour of duty following such tour of duty.
"(d) For the purposes of subsection (c), the term 'employee' shall have the same meaning as provided in
§5729. Transportation expenses; prior return of family
(a) Under regulations prescribed under
(1) he has acquired eligibility for that transportation; or
(2) the public interest requires the return of the immediate family for compelling personal reasons of a humanitarian or compassionate nature, such as may involve physical or mental health, death of a member of the immediate family, or obligation imposed by authority or circumstances over which the individual has no control.
(b) Under regulations prescribed under
(1) their return was made at the expense of the employee before his return and for other than reasons of public interest; and
(2) he acquires eligibility for those transportation expenses.
(c) This section does not apply to appropriations for the Foreign Service of the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 31, 1954, ch. 1155 (less 1st proviso), |
The first 14 words of subsections (a) and (b), and subsection (c), are added on authority of former section 73b–3(a) (less 3d–6th provisos), which is carried into section 5722. The words "household effects" and "household goods" in the 5th and 6th provisos of former section 73b–3(a) are changed to "household goods and personal effects" for clarity and consistency in the use of the words elsewhere in this subchapter.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsecs. (a), (b).
1996—Subsecs. (a), (b).
Effective Date of 1996 Amendment
Amendment by
§5730. Funds available
Funds available for travel expenses of an employee are available for expenses of transportation of his immediate family, and funds available for transportation of things are available for transportation of household goods and personal effects, as authorized by this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 2, 1946, ch. 744, §1(c). |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5731. Expenses limited to lowest first-class rate
(a) The allowance for actual expenses for transportation may not exceed the lowest first-class rate by the transportation facility used unless it is certified, in accordance with regulations prescribed under
(1) lowest first-class accommodations are not available; or
(2) use of a compartment or other accommodation authorized or approved by the head of the agency concerned or his designee is required for security purposes.
(b) Instead of the maximum fixed by subsection (a) of this section, the allowance to an employee of the Government for actual expenses for transportation on an inter-island steamship in Hawaii may not exceed the rate for accommodations on the steamship that is equivalent as nearly as possible to the rate for the lowest first-class accommodations on trans-pacific steamships.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Mar. 3, 1933, ch. 212, §10, |
|
Aug. 2, 1946, ch. 744, §6, |
||
(b) | May 28, 1938, ch. 289, §811, |
In subsection (a), the words "by or under authority of law" are omitted as surplusage.
In subsection (b), the words "by or under authority of law" are omitted as surplusage. The words "after the date of the enactment of this Act" are omitted as obsolete.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (b).
1996—Subsec. (a).
Effective Date of 1996 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 2 section 476; title 16 sections 916l, 961, 971a, 971b, 2443, 3608, 3641, 5608, 5709; title 22 sections 287e, 287r, 2024; title 42 sections 2477, 4277; title 50 section 403e.
§5732. General average contribution; payment or reimbursement
Under such regulations as the President may prescribe, appropriations chargeable for the transportation of baggage and household goods and personal effects of employees of the Government, volunteers as defined by
(1) required in connection with and applicable to quantities of baggage and household goods and personal effects in excess of quantities authorized by statute or regulation to be transported;
(2) when the individual concerned is allowed under statute or regulation a commutation instead of actual transportation expenses; or
(3) when the individual concerned selected the means of shipment.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 4, 1954, ch. 264, §4, |
||
Dec. 13, 1963, |
The word "personal" is added before the word "effects" for clarity and to preserve consistency throughout this subchapter. The words "employees of the United States . . . and members of the uniformed services" are substituted for "military personnel and civilian employees of departments and agencies of the Federal Government". The words "a volunteer as defined by
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—
Ex. Ord. No. 10614. Payment of General-Average Contributions in Connection With Transportation of Effects
Ex. Ord. No. 10614, May 25, 1955, 20 F.R. 3699, provided:
(a) The term "military personnel" means members and former and deceased members of the uniformed services as defined in section 102 of the Career Compensation Act of 1949 (
(b) The term "civilian employees" means civilian officers and employees of a department, including Foreign Service personnel, and former and deceased civilian officers and employees.
(c) The terms "military personnel" and "civilian employees" shall also include those individuals enumerated under the term "person" as defined in section 1 of the Missing Persons Act, as amended [now
(d) The term "department" means an executive department, independent establishment, or other agency of the Federal Government, including wholly-owned or controlled Government corporations.
(e) The term "general-average contribution" means the contribution by all parties to a sea venture (1) to make good the loss sustained by any one of their number on account of voluntary sacrifices made of part of the ship or cargo to save the residue or the lives of those on board from impending peril, or (2) for extraordinary expenses necessarily incurred for the common benefit and safety of all.
(f) The term "household goods" means such baggage, household goods, and effects, including privately-owned automobiles and professional books, papers, and equipment, of military personnel and civilian employees as are authorized to be transported at Government expense by law or regulations pursuant to law.
(a) In case the shipment of household goods is made under law or regulation pursuant to law which provides for reimbursement to the military person or civilian employee concerned on a commuted basis in lieu of payment by the Government of the actual costs of the shipment; or
(b) In case the military person or civilian employee concerned has himself selected the means of shipment; or
(c) To quantities of household goods (excluding automobiles) shipped in excess of quantities authorized to be transported by law or regulation pursuant to law. In any case of such excess shipment, the liability of the Government for the employee's general-average contribution shall not exceed the proportion that the applicable limitation, by weight or volume, bears to the total quantity, by weight or volume, of the household goods shipped.
Dwight D. Eisenhower.
Section Referred to in Other Sections
This section is referred to in title 12 section 1701h; title 22 section 2504.
§5733. Expeditious travel
The travel of an employee shall be by the most expeditious means of transportation practicable and shall be commensurate with the nature and purpose of the duties of the employee requiring such travel.
(Added
Effective Date
Section effective thirty days after Dec. 16, 1967, see section 220(a)(4) of
Section Referred to in Other Sections
This section is referred to in title 16 section 2443.
§5734. Travel, transportation, and relocation expenses of employees transferred from the Postal Service
Notwithstanding the provisions of any other law, officers and employees of the United States Postal Service promoted or transferred under
(Added
Effective Date
Section effective (1) on effective date of regulations to be promulgated not later than 150 days after Jan. 2, 1986, or (2) 180 days after Jan. 2, 1986, whichever occurs first, see section 301(a) of
§5735. Travel, transportation, and relocation expenses of employees transferring to the United States Postal Service
(a)
(b)
(1) is scheduled for separation from the Department, other than for cause;
(2) is selected for appointment to a continuing position with the United States Postal Service; and
(3) accepts the appointment.
(Added
Effective Date
Section 345(b) of
Section Referred to in Other Sections
This section is referred to in
§5736. Travel, transportation, and relocation expenses of certain nonappropriated fund employees
An employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in
(Added
Effective Date
Section 1605(b) of
§5737. Relocation expenses of an employee who is performing an extended assignment
(a) Under regulations prescribed under
(1) Travel expenses to and from the assignment location in accordance with
(2) Transportation expenses of the immediate family and household goods and personal effects to and from the assignment location in accordance with
(3) A per diem allowance for en route travel of the employee's immediate family to and from the assignment location in accordance with
(4) Travel and transportation expenses of the employee and spouse to seek new residence quarters at the assignment location in accordance with
(5) Subsistence expenses of the employee and the employee's immediate family while occupying temporary quarters upon commencement and termination of the assignment in accordance with
(6) An amount, in accordance with section 5724a(f), to be used by the employee for miscellaneous expenses of this title.1
(7) The expenses of transporting a privately owned motor vehicle or vehicles to the assignment location in accordance with
(8) An allowance as authorized under
(9) Expenses of nontemporary storage of household goods and personal effects as defined in
(10) Expenses of property management services.
(b) An agency shall not make payment under this section to or on behalf of the employee for expenses incurred after termination of the temporary assignment.
(Added
Effective Date
Section effective 180 days after Sept. 23, 1996, see section 1725(a) of
§5738. Regulations
(a)(1) Except as specifically provided in this subchapter, the Administrator of General Services shall prescribe regulations necessary for the administration of this subchapter.
(2) The Administrator of General Services shall include in the regulations authority for the head of an agency or his designee to waive any limitation of this subchapter or in any implementing regulation for any employee relocating to or from a remote or isolated location who would suffer hardship if the limitation were not waived. A waiver of a limitation under authority provided in the regulations pursuant to this paragraph shall be effective notwithstanding any other provision of this subchapter.
(b) In prescribing regulations for the implementation of
(c) The Secretary of Defense shall prescribe regulations necessary for the implementation of
(Added
Effective Date
Section effective 180 days after Sept. 23, 1996, see section 1725(a) of
Section Referred to in Other Sections
This section is referred to in
§5739. Authority for relocation expenses test programs
(a)(1) Notwithstanding any other provision of this subchapter, under a test program which the Administrator of General Services determines to be in the interest of the Government and approves, an agency may pay through the proper disbursing official for a period not to exceed 24 months any necessary relocation expenses in lieu of any payment otherwise authorized or required under this subchapter. An agency shall include in any request to the Administrator for approval of such a test program an analysis of the expected costs and benefits and a set of criteria for evaluating the effectiveness of the program.
(2) Any test program conducted under this section shall be designed to enhance cost savings or other efficiencies that accrue to the Government.
(3) Nothing in this section is intended to limit the authority of any agency to conduct test programs.
(b) The Administrator shall transmit a copy of any test program approved by the Administrator under this section to the appropriate committees of the Congress at least 30 days before the effective date of the program.
(c) An agency authorized to conduct a test program under subsection (a) shall provide to the Administrator and the appropriate committees of the Congress a report on the results of the program no later than 3 months after completion of the program.
(d) No more than 10 test programs under this section may be conducted simultaneously.
(e) The authority to conduct test programs under this section shall expire 7 years after the date of the enactment of the Travel and Transportation Reform Act of 1998.
(Added
References in Text
The date of the enactment of the Travel and Transportation Reform Act of 1998, referred to in subsec. (e), is the date of enactment of
SUBCHAPTER III—TRANSPORTATION OF REMAINS, DEPENDENTS, AND EFFECTS
§5741. General prohibition
Except as specifically authorized by statute, the head of an Executive department or military department may not authorize an expenditure in connection with the transportation of remains of a deceased employee.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 7, 1897, ch. 3, §1 (last proviso on p. 86), |
The words "a military department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5742. Transportation of remains, dependents, and effects; death occurring away from official station or abroad
(a) For the purpose of this section, "agency" means—
(1) an Executive agency;
(2) a military department;
(3) an agency in the legislative branch; and
(4) an agency in the judicial branch.
(b) When an employee dies, the head of the agency concerned, under regulations prescribed by the President and, except as otherwise provided by law, may pay from appropriations available for the activity in which the employee was engaged—
(1) the expense of preparing and transporting the remains to the home or official station of the employee, or such other place appropriate for interment as is determined by the head of the agency concerned, if death occurred while the employee was in a travel status away from his official station in the United States or while performing official duties outside the continental United States or in transit thereto or therefrom;
(2) the expense of transporting his dependents, including expenses of packing, crating, draying, and transporting household effects and other personal property to his former home or such other place as is determined by the head of the agency concerned, if death occurred while the employee was performing official duties outside the continental United States or in transit thereto or therefrom; and
(3) the travel expenses of not more than 2 persons to escort the remains of a deceased employee, if death occurred while the employee was in travel status away from his official station in the United States or while performing official duties outside the United States or in transit thereto or therefrom, from the place of death to the home or official station of such person, or such other place appropriate for interment as is determined by the head of the agency concerned.
(c) When a dependent of an employee dies while residing with the employee performing official duties outside the continental United States or in Alaska or in transit thereto or therefrom, the head of the agency concerned may pay the necessary expenses of transporting the remains to the home of the dependent, or such other place appropriate for interment as is determined by the head of the agency concerned. If practicable, the agency concerned in respect of the deceased may furnish mortuary services and supplies on a reimbursable basis when—
(1) local commercial mortuary facilities and supplies are not available; or
(2) the cost of available mortuary facilities and supplies are prohibitive in the opinion of the head of the agency.
Reimbursement for the cost of mortuary services and supplies furnished under this subsection shall be collected and credited to current appropriations available for the payment of these costs.
(d) The benefits of this section may not be denied because the deceased was temporarily absent from duty when death occurred.
(e) Employees covered by this section include an employee who has been reassigned away from the employee's home of record pursuant to a mandatory mobility agreement executed as a condition of employment.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)–(c) | July 8, 1940, ch. 551, §1, |
|
(d) | July 8, 1940, ch. 551, §2, |
Subsection (a) is based on the words "department, independent establishment, agency, or federally owned or controlled corporation, hereinafter called department" in former section 103a. The terms "Executive agency" and "military department" include a department, independent establishment, agency, or federally owned or controlled corporation in the executive branch because of the definitions in sections 105 and 102.
The words "a military department" are included to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
Subsection (b) is restated for clarity and conciseness and to eliminate redundancy. In paragraphs (1) and (2), the words "outside the United States" are coextensive with and substituted for "in a Territory or possession of the United States or in a foreign country".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (b)(3).
1990—Subsec. (b)(1), (2).
Subsec. (e).
Delegation of Functions
Authority of President under subsec. (b) of this section to prescribe regulations with respect to payment of expenses when an employee dies delegated to Administrator of General Services, see section 1(13) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
Authority of President under subsec. (e) of this section delegated to Office of Personnel Management by section 6(b) of Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4, 1991, set out as a note under
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER IV—MISCELLANEOUS PROVISIONS
Amendments
1970—
§5751. Travel expenses of witnesses
(a) Under such regulations as the Attorney General may prescribe, an employee as defined by
(b) An employee as defined by
(Added
Amendments
1996—
Section Referred to in Other Sections
This section is referred to in title 2 section 1385.
§5752. Travel expenses of Senior Executive Service candidates
Employing agencies may pay candidates for Senior Executive Service positions travel expenses incurred incident to preemployment interviews requested by the employing agency.
(Added
Effective Date
Section effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§5753. Recruitment and relocation bonuses
(a) The Office of Personnel Management may authorize the head of an agency to pay a bonus to an employee who is newly appointed to a position under the General Schedule, or to an employee under the General Schedule or under any other pay authority in the executive, legislative, or judicial branch who must relocate to accept a position under the General Schedule, if the Office determines that the agency would be likely, in the absence of such a bonus, to encounter difficulty in filling the position.
(b)(1)(A) The amount of a bonus under this section shall be determined by regulations of the Office, but may not exceed 25 percent of the annual rate of basic pay of the position to which the employee is being appointed or relocated.
(B) For purposes of computing a percentage of a rate of basic pay under subparagraph (A), the rate of basic pay used shall be determined without taking into account any comparability payment under section 5304.
(2) Payment of a bonus under this section shall be contingent upon the employee entering into an agreement with the agency to complete a period of employment with the agency, with the required period determined pursuant to regulations of the Office. If the employee voluntarily fails to complete such period of service or is separated from the service before completion of such period of service for cause on charges of misconduct or delinquency, the employee shall repay the bonus on a pro rata basis.
(3) A bonus under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee.
(4) Under regulations of the Office, a recruitment bonus may be paid to a newly-hired employee before the employee enters on duty.
(c) For the purpose of this section—
(1) the terms "agency" and "employee" have the meanings given them by section 5102; and
(2) any reference to "a position under the General Schedule" or "an employee under the General Schedule" shall be considered to be a reference to any position or employee to which subchapter III of
(d) The Office shall prescribe such regulations as it considers necessary for the administration of subsections (a) through (c).
(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations).
(Added
Effective Date
Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of
Section Referred to in Other Sections
This section is referred to in
§5754. Retention allowances
(a) The Office of Personnel Management may authorize the head of an agency to pay an allowance to an employee under the General Schedule if—
(1) the unusually high or unique qualifications of the employee or a special need of the agency for the employee's services makes it essential to retain the employee; and
(2) the agency determines that the employee would be likely to leave in the absence of a retention allowance.
(b)(1) A retention allowance, which shall be stated as a percentage of the rate of basic pay (excluding any comparability payments under section 5304) of the employee, may not exceed 25 percent of such rate of basic pay.
(2) A retention allowance may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a retention allowance may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of
(3) A retention allowance shall be paid at the same time and in the same manner as the employee's basic pay is paid.
(c) For the purpose of this section—
(1) the terms "agency" and "employee" have the meanings given them by section 5102; and
(2) any reference to "an employee under the General Schedule" shall be considered to be a reference to any employee holding a position to which subchapter III of
(d) The Office shall prescribe such regulations as it considers necessary for the administration of subsections (a) through (c).
(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of employees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations).
(Added
Effective Date
Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of
Delegation of Functions
Authority of President under subsec. (e) of this section delegated to Office of Personnel Management by section 6(c) of Ex. Ord. No. 12748, Feb. 1, 1991, 56 F.R. 4521, eff. May 4, 1991, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§5755. Supervisory differentials
(a)(1) The Office of Personnel Management may authorize the head of an agency to pay a differential to an employee under the General Schedule who has supervisory responsibility for 1 or more employees not under the General Schedule, if 1 or more of the subordinate employees would, in the absence of such a differential, be paid more than the supervisory employee.
(2) For the purposes of comparing the pay of a supervisory employee under the General Schedule with the pay of a subordinate employee not under the General Schedule, comparability payments under section 5304, differentials, and allowances that are not a part of basic pay may be taken into consideration, as provided by regulations of the Office.
(b)(1) A supervisory differential, which shall be stated as a percentage of the supervisory employee's rate of basic pay (excluding any comparability payments under section 5304) or as a dollar amount, may not cause the supervisory employee's pay to exceed the pay of the highest paid subordinate employee by more than 3 percent.
(2) A supervisory differential may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a supervisory differential may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of
(3) A supervisory differential shall be paid in the same manner and at the same time as the employee's basic pay is paid.
(c) For the purpose of this section—
(1) the terms "agency" and "employee" have the meanings given them by section 5102; and
(2) any reference to "an employee under the General Schedule" shall be considered to be a reference to any employee holding a position to which subchapter III of
(d) The Office shall prescribe such regulations as it considers necessary for the administration of this section.
(Added
Effective Date
Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of
Section Referred to in Other Sections
This section is referred to in
§5756. Home marketing incentive payment
(a) Under regulations prescribed under subsection (b), an agency may pay to an employee who transfers in the interest of the Government an amount to encourage the employee to aggressively market the employee's residence at the official station from which transferred when—
(1) the residence is entered into a relocation services program established under a contract in accordance with
(2) the employee finds a buyer who completes the purchase of the residence through the program; and
(3) the sale of the residence results in a reduced cost to the Government.
(b)(1) The Administrator of General Services shall prescribe regulations to carry out this section.
(2) The regulations shall include a limitation on the maximum amount payable with respect to an employee's residence. The Administrator shall establish the limitation in consultation with the Director of the Office of Management and Budget. For fiscal years 1997 and 1998, the maximum amount shall be the amount equal to five percent of the sale price of the residence.
(Added
Effective Date
Section effective 180 days after Sept. 23, 1996, see section 1725(a) of
CHAPTER 59 —ALLOWANCES
SUBCHAPTER I—UNIFORMS
SUBCHAPTER II—QUARTERS
SUBCHAPTER III—OVERSEAS DIFFERENTIALS AND ALLOWANCES
SUBCHAPTER IV—MISCELLANEOUS ALLOWANCES
Amendments
1991—
1983—
1980—
1978—
1971—
1967—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—UNIFORMS
§5901. Uniform allowances
(a) There is authorized to be appropriated annually to each agency of the Government of the United States, including a Government owned corporation, and of the government of the District of Columbia, on a showing of necessity or desirability, such sums as may be necessary to carry out this subchapter. The head of the agency concerned, out of funds made available by the appropriation, shall—
(1) furnish to each of these employees a uniform at a cost not to exceed $400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902); or
(2) pay to each of these employees an allowance for a uniform not to exceed $400 a year (or such higher maximum amount as the Office of Personnel Management may establish under section 5902).
The allowance may be paid only at the times and in the amounts authorized by the regulations prescribed under
(b) When the furnishing of a uniform or the payment of a uniform allowance is authorized under another statute or regulation existing on September 1, 1954, the head of the agency concerned may continue the furnishing of the uniform or the payment of the uniform allowance under that statute or regulation, but in that event a uniform may not be furnished or allowance paid under this section.
(c) An allowance paid under this section is not wages within the meaning of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a), (b) | Sept. 1, 1954, ch. 1208, §402, |
|
(c) | Sept. 1, 1954, ch. 1208, §403 (less applicability to the Civil Service Retirement Act, as amended), |
|
(d) | Sept. 1, 1954, ch. 1208, §404, |
In subsection (a), the word "concerned" is substituted for "to which any such appropriation is made".
In subsection (b), the words "in his discretion" are omitted as unnecessary in view of the permissive nature of the authority.
In subsections (b) and (d), the word "rules" is omitted as covered by the word "regulations".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5901(a) | 5 App.: 2131. | Oct. 29, 1965, July 18, 1966, |
The amendment to the third sentence of subsection (a) of
Amendments
1992—Subsec. (a)(1), (2).
1990—Subsec. (a).
Subsec. (a)(1), (2).
Effective Date of 1990 Amendment
Amendment by
Availability of Appropriations for Uniforms and Uniform Allowances
Similar provisions were contained in the following prior appropriation acts:
Section Referred to in Other Sections
This section is referred to in
§5902. Increase in maximum uniform allowance
The Office of Personnel Management may, from time to time, by regulation adjust the maximum amount for the cost of uniforms and the maximum allowance for uniforms under section 5901.
(Added
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5902 | 5 App.: 2134. | July 18, 1966, |
The words "any other provision of" following "Notwithstanding" are omitted as unnecessary. The words "
Amendments
1990—
"(1) If the maximum uniform allowance is $100 or more, it is increased by 25 percent.
"(2) If the maximum uniform allowance is $75 or more but less than $100, it is increased by 30 percent.
"(3) If the maximum uniform allowance is $50 or more but less than $75, it is increased by 35 percent.
"(4) If the maximum uniform allowance is less than $50, it is increased by 40 percent.
The maximum uniform allowances, as in effect on April 1, 1966, and as increased by this section, may not be reduced."
Effective Date of 1990 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§5903. Regulations
The Office of Personnel Management may prescribe such regulations as it considers necessary for the administration of this subchapter.
(Added
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5903 | 5: 5901(d). | [None.] |
The regulatory authority contained in
Amendments
1990—
1979—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER II—QUARTERS
§5911. Quarters and facilities; employees in the United States
(a) For the purpose of this section—
(1) "Government" means the Government of the United States;
(2) "agency" means an Executive agency, but does not include the Tennessee Valley Authority;
(3) "employee" means an employee of an agency;
(4) "United States" means the several States, the District of Columbia, and the territories and possessions of the United States including the Commonwealth of Puerto Rico;
(5) "quarters" means quarters owned or leased by the Government; and
(6) "facilities" means household furniture and equipment, garage space, utilities, subsistence, and laundry service.
(b) The head of an agency may provide, directly or by contract, an employee stationed in the United States with quarters and facilities, when conditions of employment or of availability of quarters warrant the action.
(c) Rental rates for quarters provided for an employee under subsection (b) of this section or occupied on a rental basis by an employee or member of a uniformed service under any other provision of statute, and charges for facilities made available in connection with the occupancy of the quarters, shall be based on the reasonable value of the quarters and facilities to the employee or member concerned, in the circumstances under which the quarters and facilities are provided, occupied, or made available. The amounts of the rates and charges shall be paid by, or deducted from the pay of, the employee or member of a uniformed service, or otherwise charged against him in accordance with law. The amounts of payroll deductions for the rates and charges shall remain in the applicable appropriation or fund. When payment of the rates and charges is made by other than payroll deductions, the amounts of payment shall be credited to the Government as provided by law.
(d) When, as an incidental service in support of a program of the Government, quarters and facilities are provided by appropriate authority of the Government to an individual other than an employee or member of a uniformed service, the rates and charges therefor shall be determined in accordance with this section. The amounts of payment of the rates and charges shall be credited to the Government as provided by law.
(e) The head of an agency may not require an employee or member of a uniformed service to occupy quarters on a rental basis, unless the agency head determines that necessary service cannot be rendered, or that property of the Government cannot adequately be protected, otherwise.
(f) The President may prescribe regulations governing the provision, occupancy, and availability of quarters and facilities, the determination of rates and charges therefor, and other related matters, necessary and appropriate to carry out this section. The head of each agency may prescribe regulations, not inconsistent with the regulations of the President, necessary and appropriate to carry out the functions of the agency head under this section.
(g) Subsection (c) of this section does not repeal or modify any provision of statute authorizing the provision of quarters or facilities, either without charge or at rates or charges specifically fixed by statute.
(h) A member of the uniformed service on a permanent change of duty station or temporary duty orders and occupying unaccompanied personnel housing—
(1) is exempt from the requirement of subsection (c) to pay a rental rate or charge based on the reasonable value of the quarters and facilities provided; and
(2) shall pay such lesser rate or charge as the Secretary of Defense establishes by regulation.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Aug. 20, 1964, |
|
(b) | Aug. 20, 1964, |
|
(c) | Aug. 20, 1964, |
|
(d) | Aug. 20, 1964, |
|
(e) | Aug. 20, 1964, |
|
(f) | Aug. 20, 1964, |
|
(g) | Aug. 20, 1964, |
In subsection (a)(2), the term "Executive agency" is coextensive with and substituted for "each executive department of the Government", "each agency or independent establishment in the executive branch of the Government", "each corporation owned or controlled by the Government", and "the General Accounting Office" in view of the definition of "Executive agency" in section 105.
In subsection (a)(3), the term "employee" is substituted for "civilian officer or employee" in view of the definition of "employee" in section 2105.
Subsection (a)(7) of former section 3121 is omitted as unnecessary in view of the definition of "uniformed services" in section 2101.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1985—Subsec. (h).
Effective Date of 1985 Amendment
Amendment by
Delegation of Functions
Authority of President under subsec. (f) of this section to issue regulations provided for therein (relating to provision, occupancy, and availability of quarters and facilities, determination of rates and charges therefor, and other related matters, as are necessary and appropriate to carry out provisions of this section) delegated to Director of Office of Management and Budget, see section 9(1) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
Deposit in Special Fund of Rents and Charges Collected for Use or Occupancy of Quarters
Cross References
Deductions from salaries of officers and crews of vessels of the Fish and Wildlife Service for quarters and rations as unauthorized by this section, see
Section Referred to in Other Sections
This section is referred to in title 16 sections 17o, 754; title 25 section 450j; title 42 section 12655n.
§5912. Quarters in Government owned or rented buildings; employees in foreign countries
Under regulations prescribed by the head of the agency concerned and approved by the President, an employee who is a citizen of the United States permanently stationed in a foreign country may be furnished, without cost to him, living quarters, including heat, fuel, and light, in a Government owned or rented building. The rented quarters may be furnished only within the limits of appropriations made therefor.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 26, 1930, ch. 622, Sept. 6, 1960, |
The words "which appropriations are hereby authorized" are omitted as unnecessary in view of section 5509.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§5913. Official residence expenses
(a) For the purpose of this section, "agency" has the meaning given it by
(b) Under such regulations as the President may prescribe, funds available to an agency for administrative expenses may be allotted to posts in foreign countries to defray the unusual expenses incident to the operation and maintenance of official residences suitable for—
(1) the chief representatives of the United States at the posts; and
(2) such other senior officials of the Government of the United States as the President may designate.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 2, 1946, ch. 744, §22, added Sept. 6, 1960, |
The word "agency" is substituted for "department" and defined to conform to the definition of "department" in section 18 of the Act of Aug. 2, 1946, ch. 744,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Delegation of Functions
Secretary of State empowered to prescribe regulations governing allotment to posts in foreign countries, for purpose stated in this section, of funds available to the departments for administrative expenses, and to designate senior officials of this Government in foreign countries, see section 1(c) of Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, set out as a note under
Section Referred to in Other Sections
This section is referred to in title 22 sections 287e, 287e–1, 2687; title 26 section 912.
SUBCHAPTER III—OVERSEAS DIFFERENTIALS AND ALLOWANCES
§5921. Definitions
For the purpose of this subchapter—
(1) "Government" means the Government of the United States;
(2) "agency" means an Executive agency and the Library of Congress, but does not include a Government controlled corporation;
(3) "employee" means an employee in or under an agency and more specifically defined by regulations prescribed by the President;
(4) "United States", when used in a geographical sense, means the several States and the District of Columbia;
(5) "continental United States" means the several States and the District of Columbia, but does not include Alaska or Hawaii; and
(6) "foreign area" means—
(A) the Trust Territory of the Pacific Islands; and
(B) any other area outside the United States, the Commonwealth of Puerto Rico, the Canal Zone, and territories and possessions of the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 6, 1960, |
In paragraph (1), the words "of America" are omitted as unnecessary.
In paragraph (2), the word "agency" is substituted for "Government agency". The term "Executive agency" is substituted for the reference to "each executive department of the Government, each independent establishment or agency in the executive branch of the Government, including each corporation wholly owned (either directly or through one or more corporations) by the Government". The exception of "a Government controlled corporation" is added to preserve the application of this subchapter to corporations wholly owned by the Government.
In paragraph (3), the word "employee" is substituted for "individual in the civilian service" in view of the definition of "employee" in section 2105. Reference to "ambassadors, ministers, and officers of the Foreign Service under the Department of State" is omitted as included in the definition of "employee".
In paragraph (4), the words "of the United States of America" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
For definition of Canal Zone, referred to in text, see
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Limitation on Housing Benefits
"(a)
"(b)
Amendment, Modification, or Supersedure of Provisions Inconsistent With the Overseas Differentials and Allowances Act
Section 511(b) of
Appropriations
Section 501(a) of
References to Provisions Affected by the Overseas Differentials and Allowances Act
Section 521 of
Transitional Provisions for Payment of Allowances and Differentials
Section 522 of
Ex. Ord. No. 10903. Delegation of Regulatory Authority
Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, as amended by Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739; Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447; Ex. Ord. No. 11380, Nov. 8, 1967, 32 F.R. 15627; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By virtue of the authority vested in me by
(a) The authority vested in the President by
(b) The authority vested in the President by subchapter III of
(c) The authority vested in the President by
(d) The authority vested in the President by other provisions of law (including section 235(2) [now 707(a)(2)] of
(e) The authority vested in the President by
(f) [Repealed by Ex. Ord. No. 12292, §4(f), Feb. 23, 1981, 46 F.R. 13967]
(g) [Redesignated (e) by Ex. Ord. No. 12292, §4(f), Feb. 23, 1981, 46 F.R. 13967]
"
"
"(a) That part of the functions vested in the President by section 7(a) of the Defense Department Overseas Teachers Pay and Personnel Practices Act (
"(b) The authority vested in the President by section 8(a)(1) of the Defense Department Overseas and Teachers Pay and Personnel Practices Act (
"(c) The authority vested in the President by section 235(a) [now 707(a)(5)] of
(b) The reference in section 1 of Executive Order No. 10853 of November 27, 1959, to the regulations contained in Executive Order No. 10000 of September 16, 1948, shall be deemed to include a reference to the corresponding regulations prescribed in pursuance of the provisions of this order.
1. Parts I, III, IV, and V of Executive Order No. 10000 of September 16, 1948.
2. Executive Order No. 10011 of October 22, 1948.
3. Executive Order No. 10085 of October 28, 1949.
4. Executive Order No. 10100 of January 28, 1950.
5. Executive Order No. 10187 of December 4, 1950.
6. Executive Order No. 10261 of June 27, 1951.
7. Executive Order No. 10313 of December 14, 1951.
8. Executive Order No. 10391 of September 3, 1952.
9. Executive Order No. 10503 of December 1, 1953.
10. Executive Order No. 10623 of July 23, 1955.
11. Section 1 and, to the extent that it pertains to Executive Order No. 10000, section 3 of Executive Order No. 10636 of September 16, 1955.
(b) Existing rules and regulations prescribed in or pursuant to the Executive order provisions revoked by section 5(a) of this order, other existing rules and regulations pertaining to allowances, differentials, and other benefits corresponding to those authorized by the provisions of law referred to in this order and actions heretofore taken in pursuance of any thereof shall remain in effect until hereafter superseded in pursuance of the provisions of this order.
Ex. Ord. No. 11137. Allowances and Benefits
Ex. Ord. No. 11137, Jan. 7, 1964, 29 F.R. 223, as amended by Ex. Ord. No. 11382, Nov. 28, 1967, 32 F.R. 16247;
By virtue of the authority vested in me by
Part I—Allowances and Differentials in Foreign Areas
(a) Shall, so far as practicable, be uniform.
(b) In the case of regulations prescribed by the Secretaries of the military departments, shall require the approval of the Secretary of Defense.
(c) Shall not, with respect to any locality, authorize allowances or differentials which exceed those prescribed under Executive Order No. 10903 of January 9, 1961, [set out as a note under this section], for other employees of the United States in the same locality.
Part II—Cost of Living Allowances in Certain Non-Foreign Areas
(a) Shall, so far as practicable, be uniform.
(b) Shall not apply to employees who are stationed in either the Canal Zone or in any "foreign area" as defined in
(c) Shall be limited to employees whose rates of basic compensation are fixed in conformity with rates paid by the Government for work of a comparable level of difficulty and responsibility to employees stationed in the continental United States, exclusive of Alaska.
(d) Shall not, with respect to any locality, authorize allowances which exceed those prescribed under Executive Order No. 10000 of September 16, 1948, as amended, for other employees of the United States in the same locality.
Part III—General Provisions
Section Referred to in Other Sections
This section is referred to in
§5922. General provisions
(a) Notwithstanding
(1) who is a citizen of the United States; and
(2) whose rate of basic pay is fixed by statute or, without taking into consideration the allowances and differentials provided by this subchapter, is fixed by administrative action pursuant to law or is fixed administratively in conformity with rates paid by the Government for work of a comparable level of difficulty and responsibility in the continental United States.
To the extent authorized by a provision of statute other than this subchapter, the allowances and differentials provided by this subchapter may be paid to an employee officially stationed in a foreign area who is not a citizen of the United States.
(b) Allowances granted under this subchapter may be paid in advance, or advance of funds may be made therefor, through the proper disbursing official in such sums as are considered advisable in consideration of the need and the period of time during which expenditures must be made in advance by the employee. An advance of funds not subsequently covered by allowances accrued to the employee under this subchapter is recoverable by the Government by—
(1) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and
(2) such other method as is provided by law for the recovery of amounts owing to the Government.
The head of the agency concerned, under regulations of the President, may waive in whole or in part a right of recovery under this subsection, if it is shown that the recovery would be against equity and good conscience or against the public interest.
(c) The allowances and differentials authorized by this subchapter shall be paid under regulations prescribed by the President governing—
(1) payments of the allowances and differentials and the respective rates at which the payments are made;
(2) the foreign areas, the groups of positions, and the categories of employees to which the rates apply; and
(3) other related matters.
(d) When a quarters allowance or allowance related to education under this subchapter, or quarters furnished in Government-owned or controlled buildings under section 5912, would be furnished to an employee but for the death of the employee, such allowances or quarters may be furnished or continued for the purpose of allowing any child of the employee to complete the current school year at post or away from post notwithstanding the employee's death.
(e) When an allowance related to education away from post under this subchapter would be authorized with respect to an employee but for the evacuation or authorized departure status of the post, such an allowance may be furnished or continued for the purpose of allowing any dependent children of such employee to complete the current school year.
(f)(1) If an employee dies at post in a foreign area, a transfer allowance under section 5924(2)(B) may be granted to the spouse or dependents of such employee (or both) for the purpose of providing for their return to the United States.
(2) A transfer allowance under this subsection may not be granted with respect to the spouse or a dependent of the employee unless, at the time of death, such spouse or dependent was residing—
(A) at the employee's post of assignment; or
(B) at a place, outside the United States, for which a separate maintenance allowance was being furnished under section 5924(3).
(3) The President may prescribe any regulations necessary to carry out this subsection.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Sept. 6, 1960, |
|
(b) | Sept. 6, 1960, |
|
(c) | Sept. 6, 1960, |
In subsection (a), the word "only" is omitted as surplusage.
In subsection (b), the words "disbursing official" are substituted for "disbursing officer" because of the definition of "officer" in section 2104 which excludes a member of a uniformed service.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1999—Subsec. (f).
1991—Subsecs. (d), (e).
Delegation of Functions
Secretary of State empowered to prescribe regulations, see section 1(b) of Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, set out as a note under
Section Referred to in Other Sections
This section is referred to in title 22 section 1474; title 26 section 912.
§5923. Quarters allowances
(a) When Government owned or rented quarters are not provided without charge for an employee in a foreign area, one or more of the following quarters allowances may be granted when applicable:
(1) A temporary subsistence allowance for the reasonable cost of temporary quarters (including meals and laundry expenses) incurred by the employee and his family—
(A) for a period not in excess of 90 days after first arrival at a new post of assignment in a foreign area or a period ending with the occupation of residence quarters, whichever is shorter; and
(B) for a period of not more than 30 days immediately before final departure from the post after the necessary evacuation of residence quarters.
(2) A living quarters allowance for rent, heat, light, fuel, gas, electricity, and water, without regard to section 3324(a) and (b) of title 31.
(3) Under unusual circumstances, payment or reimbursement for extraordinary, necessary, and reasonable expenses, not otherwise compensated for, incurred in initial repairs, alterations, and improvements to the privately leased residence of an employee at a post of assignment in a foreign area, if—
(A) the expenses are administratively approved in advance; and
(B) the duration and terms of the lease justify payment of the expenses by the Government.
(b) The 90-day period under subsection (a)(1)(A) and the 30-day period under subsection (a)(1)(B) may each be extended for not more than 60 additional days if the head of the agency concerned or his designee determines that there are compelling reasons beyond the control of the employee for the continued occupancy of temporary quarters.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 6, 1960, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1991—
1982—Par. (2).
Section Referred to in Other Sections
This section is referred to in
§5924. Cost-of-living allowances
The following cost-of-living allowances may be granted, when applicable, to an employee in a foreign area:
(1) A post allowance to offset the difference between the cost of living at the post of assignment of the employee in a foreign area and the cost of living in the District of Columbia, except that employees receiving the temporary subsistence allowance under section 5923(1) are ineligible for a post allowance under this paragraph.
(2) A transfer allowance for extraordinary, necessary, and reasonable subsistence and other relocation expenses (including unavoidable lease penalties), not otherwise compensated for, incurred by an employee incident to establishing himself at a post of assignment in—
(A) a foreign area (including costs incurred in the United States, its territories or possessions, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or 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 prior to departure for a post of assignment in a foreign area); or
(B) the United States after the employee agrees in writing to remain in Government service for 12 months after transfer, unless separated for reasons beyond the control of the employee that are acceptable to the agency concerned.
(3) A separate maintenance allowance to assist an employee who is compelled or authorized, because of dangerous, notably unhealthful, or excessively adverse living conditions at the employee's post of assignment in a foreign area, or for the convenience of the Government, or who requests such an allowance because of special needs or hardship involving the employee or the employee's spouse or dependents, to meet the additional expenses of maintaining, elsewhere than at the post, the employee's spouse or dependents, or both.
(4) An education allowance or payment of travel costs to assist an employee with the extraordinary and necessary expenses, not otherwise compensated for, incurred because of his service in a foreign area or foreign areas in providing adequate education for his dependents (or, to the extent education away from post is involved, official assignment to service in such area or areas), as follows:
(A) An allowance not to exceed the cost of obtaining such kindergarten, elementary and secondary educational services as are ordinarily provided without charge by the public schools in the United States (including such educational services as are provided by the States under the Individuals with Disabilities Education Act), plus, in those cases when adequate schools are not available at the post of the employee, board and room, and periodic transportation between that post and the school chosen by the employee, not to exceed the total cost to the Government of the dependent attending an adequate school in the nearest locality where an adequate school is available, without regard to section 3324(a) and (b) of title 31. When travel from school to post is infeasible, travel may be allowed between the school attended and the home of a designated relative or family friend or to join a parent at any location, with the allowable travel expense not to exceed the cost of travel between the school and the post. The amount of the allowance granted shall be determined on the basis of the educational facility used.
(B) The travel expenses of dependents of an employee to and from a school in the United States (or to and from a school outside the United States if the dependent is attending that school for less than one year under a program approved by the school in the United States at which the dependent is enrolled, with the allowable travel expense not to exceed the cost of travel to and from the school in the United States) to obtain an American secondary or postsecondary educational institution education (other than a program of post-baccalaureate education), not to exceed one annual trip each way for each dependent. An allowance payment under subparagraph (A) of this paragraph (4) may not be made for a dependent during the 12 months following his arrival in the United States for secondary education under authority contained in this subparagraph (B). Notwithstanding
(C) In those cases in which an adequate school is available at the post of the employee, if the employee chooses to educate the dependent at a school away from post, the education allowance which includes board and room, and periodic travel between the post and the school chosen, shall not exceed the total cost to the Government of the dependent attending an adequate school at the post of the employee.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 6, 1960, |
In paragraph (1), the word "Washington" is omitted as covered by "District of Columbia".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The Individuals with Disabilities Education Act, referred to in par. (4)(A), is title VI of
For definition of Canal Zone, referred to in par. (4)(B), see
Amendments
1999—Par. (4).
1996—Par. (3).
1994—Par. (4)(A).
Par. (4)(B).
1991—Par. (1).
Par. (2).
Par. (4).
1990—Par. (3).
1986—Par. (2)(A).
1982—Par. (4)(A).
1980—Par. (3).
Par. (4)(B).
1979—Par. (4)(B).
1975—Par. (2)(A).
1974—Par. (4)(B).
1973—Par. (4)(A).
1971—Par. (3).
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Delegation of Functions
Secretary of State empowered to prescribe regulations governing travel expenses for dependents of certain employees, see section 1(b) of Ex. Ord. No. 10903, Jan. 11, 1961, 26 F.R. 217, set out as a note under
Cross References
Employee entitled to cost-of-living allowance under this section ineligible for allowance under subsec. (a) of this section based on living costs substantially higher than in District of Columbia, see
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§5925. Post differentials
(a) A post differential may be granted on the basis of conditions of environment which differ substantially from conditions of environment in the continental United States and warrant additional pay as a recruitment and retention incentive. A post differential may be granted to an employee officially stationed in the United States who is on extended detail in a foreign area. A post differential under this subsection may not exceed 25 percent of the rate of basic pay.
(b) Any employee granted a differential under subsection (a) of this section may be granted an additional differential for an assignment to a post determined to have especially adverse conditions of environment which warrant additional pay as a recruitment and retention incentive for the filling of positions at that post. An additional differential for any employee under this subsection—
(1) may be paid for each assignment to a post determined to have such conditions;
(2) may be paid periodically or in a lump sum; and
(3) may not exceed 15 percent of the rate of basic pay of that employee for the period served under that assignment.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 6, 1960, |
In the last sentence, the words "Additional compensation paid as" are omitted as surplusage.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1980—
Effective Date of 1980 Amendment
Amendment by
Extension of Foreign Post Differentials to Certain Federal Employees Who Served in Connection With Operation Desert Storm
"(a)
"(b)
"(1) it was performed as an employee—
"(A) in connection with Operation Desert Storm;
"(B) during the Persian Gulf conflict;
"(C) at a post within the area designated by the President, in Executive Order 12744 [
"(D) while a differential under
"(2) no differential under such section 5925(a) was granted to such employee for such service.
"(c)
"(d)
"(1) the term 'employee' has the meaning given such term by
"(2) the term 'Operation Desert Storm' has the meaning given such term by section 3(1) of the Persian Gulf Conflict Supplemental Authorization and Personnel Benefits Act of 1991 [
"(3) the term 'Persian Gulf conflict' means the period beginning on August 2, 1990, and ending on June 2, 1991."
Section Referred to in Other Sections
This section is referred to in
§5926. Compensatory time off at certain posts in foreign areas
(a) Under regulations prescribed pursuant to this subchapter, and notwithstanding subchapter V of
(1) at an isolated post performing functions required to be maintained on a substantially continuous basis, grant the employee compensatory time off for an equal amount of time spent in regularly scheduled overtime work; or
(2) at a post in a locality that customarily observes irregular hours of work or where other special conditions are present, in order to cope with those special circumstances, grant the employee compensatory time off for an equal amount of time spent in regularly scheduled overtime work for use during the pay period in which it is earned.
Credit for compensatory time off earned under paragraph (2) shall not form the basis for any additional compensation.
(b) Compensatory time earned under this section shall be for use only while the employee is assigned to the post where it is earned. Any such compensatory time not used at the time the employee is reassigned to another post shall be forfeited.
(Added
Section Referred to in Other Sections
This section is referred to in title 22 section 1474.
§5927. Advances of pay
(a) Up to three months' pay may be paid in advance—
(1) to an employee upon the assignment of the employee to a post in a foreign area;
(2) to an employee, other than an employee appointed under section 303 of the Foreign Service Act of 1980 (and employed under section 311 of such Act), who—
(A) is a citizen of the United States;
(B) is officially stationed or located outside the United States pursuant to Government authorization; and
(C) requires (or has a family member who requires) medical treatment outside the United States, in circumstances specified by the President in regulations; and
(3) to a foreign national employee appointed under section 303 of the Foreign Service Act of 1980, or a nonfamily member United States citizen appointed under such section 303 (and employed under section 311 of such Act) for service at such nonfamily member's post of residence, who—
(A) is located outside the country of employment of such foreign national employee or nonfamily member (as the case may be) pursuant to Government authorization; and
(B) requires medical treatment outside the country of employment of such foreign national employee or nonfamily member (as the case may be), in circumstances specified by the President in regulations.
(b) For the purpose of this section, the term "country of employment", as used with respect to an individual under subsection (a)(3), means the country (or other area) outside the United States where such individual is appointed (as described in subsection (a)(3)) by the Government.
(Added
References in Text
Sections 303 and 311 of the Foreign Service Act of 1980, referred to in subsec. (a)(2), (3), are classified to sections 3943 and 3951, respectively, of Title 22, Foreign Relations and Intercourse.
Amendments
1999—
Effective Date
Section effective Feb. 15, 1981, except as otherwise provided, see section 2403 of
Section Referred to in Other Sections
This section is referred to in title 22 section 1474.
§5928. Danger pay allowance
An employee serving in a foreign area may be granted a danger pay allowance on the basis of civil insurrection, civil war, terrorism, or wartime conditions which threaten physical harm or imminent danger to the health or well-being of the employee. A danger pay allowance may not exceed 25 percent of the basic pay of the employee, except that if an employee is granted an additional differential under
(Added
Amendments
1983—
Effective Date
Section effective Feb. 15, 1981, except as otherwise provided, see section 2403 of
Danger Pay Allowance; DEA Employee
Greater Utilization of Danger Pay Allowance
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER IV—MISCELLANEOUS ALLOWANCES
Reimbursements Relating to Professional Liability Insurance
"(a)
"(b)
"(1) a law enforcement officer; or
"(2) a supervisor or management official.
"(c)
"(1) the term 'agency' means an Executive agency, as defined by
"(2) the term 'law enforcement officer' means an employee, the duties of whose position are primarily the investigation, apprehension, prosecution, detention, or supervision of individuals suspected or convicted of offenses against the criminal laws of the United States, including any law enforcement officer under section 8331(20) or 8401(17) of such title 5, or under
"(3) the terms 'supervisor' and 'management official' have the respective meanings given them by section 7103(a) of such title 5, and, with regard to the Judicial Branch, mean a justice or judge of the United States as defined in
"(4) the term 'professional liability insurance' means insurance which provides coverage for—
"(A) legal liability for damages due to injuries to other persons, damage to their property, or other damage or loss to such other persons (including the expenses of litigation and settlement) resulting from or arising out of any tortious act, error, or omission of the covered individual (whether common law, statutory, or constitutional) while in the performance of such individual's official duties as a qualified employee; and
"(B) the cost of legal representation for the covered individual in connection with any administrative or judicial proceeding (including any investigation or disciplinary proceeding) relating to any act, error, or omission of the covered individual while in the performance of such individual's official duties as a qualified employee, and other legal costs and fees relating to any such administrative or judicial proceeding.
"(d)
[
§5941. Allowances based on living costs and conditions of environment; employees stationed outside continental United States or in Alaska
(a) Appropriations or funds available to an Executive agency, except a Government controlled corporation, for pay of employees stationed outside the continental United States or in Alaska whose rates of basic pay are fixed by statute, are available for allowances to these employees. The allowance is based on—
(1) living costs substantially higher than in the District of Columbia;
(2) conditions of environment which differ substantially from conditions of environment in the continental United States and warrant an allowance as a recruitment incentive; or
(3) both of these factors.
The allowance may not exceed 25 percent of the rate of basic pay. Except as otherwise specifically authorized by statute, the allowance is paid only in accordance with regulations prescribed by the President establishing the rates and defining the area, groups of positions, and classes of employees to which each rate applies.
(b) An employee entitled to a cost-of-living allowance under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Apr. 20, 1948, ch. 219, §207, |
||
June 30, 1948, ch. 775, §104, |
The section is reorganized and restated for clarity and conciseness.
The word "allowances" is substituted for "additional compensation" as a more apt term and for consistency.
In subsection (a), the words "Executive agency" are substituted for "executive departments, independent establishments, and wholly owned Government corporations" in view of the definition of "Executive agency" in section 105. The exception of a "Government controlled corporation" is added to preserve the application to "wholly owned Government corporation".
Subsection (b) is based on the second proviso of former section 118h and is restated to reflect the provisions of sections 511(b), (c)(7) and 521 of the Act of Sept. 6, 1960,
The last proviso of former section 118h which provided the effective date of the section is omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Prohibition of Reduction of Allowance; Study and Report on Adjusting Calculation of Geographic Factors
"(1) an examination of the pay practices of other employers in the affected areas;
"(2) a consideration of alternative approaches to dealing with the unusual and unique circumstances of the affected areas, including modifications to the current methodology for calculating allowances to take into account all cost of living in the geographic areas of the affected employee; and
"(3) an evaluation of the likely impact of the different approaches on the Government's ability to recruit and retain a well-qualified workforce.
For the purpose of conducting such study and preparing such report, the Office may accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an Appropriations Act) funds made available to the Office pursuant to court approval."
Ex. Ord. No. 10000. Regulations Governing Additional Compensation and Credit Granted Certain Federal Employees Serving Outside the United States
Ex. Ord. No. 10000, Sept. 16, 1948, 13 F.R. 5453, as amended by Ex. Ord. No. 10636, Sept. 16, 1955, 20 F.R. 7025; Ex. Ord. No. 11938, Sept. 29, 1976, 41 F.R. 43383; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055; Ex. Ord. No. 12510, Apr. 17, 1985, 50 F.R. 15535, provided:
By virtue of the authority vested in me by section 207 of the Independent Offices Appropriation Act, 1949, approved April 20, 1948 (Public Law 491, 80th Congress), as amended by section 104 of the Supplemental Independent Offices Appropriation Act, 1949, approved June 30, 1948 (Public Law 862, 80th Congress), and by sections 303, 443, and 853 of the Foreign Service Act of 1946 (
Part I—Additional Compensation in Foreign Areas
(b) Subject to the provisions of section 105(a) hereof, the classes of persons eligible to receive the foreign post differentials fixed pursuant to section 102 hereof shall include:
(1) Persons recruited or transferred from the United States.
(2) Persons employed locally but (a) who were originally recruited from the United States and have been in substantially continuous employment by other Federal agencies, United States firms, interests, or organizations, international organizations in which the United States Government participates, or foreign governments, and whose conditions of employment provide for their return transportation to the United States, or (b) who were at the time of employment temporarily absent from the United States for purposes of travel or formal study and maintained residence in the United States during such temporary absence. When used in a geographical sense in section 105(b) hereof, "United States" includes the areas included within the definition of non-foreign areas as set forth in section 201 hereof.
(3) Persons who are not normally residents of the area concerned and who are discharged from the military service of the United States in such area to accept employment therein with an agency of the Federal Government.
(a) The following regulations shall govern the payment of foreign post differentials under this Part:
(1) Payments shall begin as of the date of arrival at the post on assignment or transfer and shall end as of the date of departure from the post for separation or transfer, except that in case of local recruitment such payments shall begin and end as of the beginning and the end of employment, respectively.
(2) Payments for periods of leave and of detail shall begin and end as determined in regulations prescribed under section 102(c) hereof.
(3) Payments to persons serving on a part-time basis shall be pro-rated to cover only those periods of time for which such persons receive basic compensation.
(4) Payment shall not be made for any time for which an employee does not receive basic compensation.
Part II—Additional Compensation in Non-Foreign Areas
(b) Subject to the provisions of section 204(a) hereof, the classes of persons eligible to receive the non-foreign area post differentials fixed pursuant to section 202 hereof shall include:
(1) Persons recruited or transferred from outside the area concerned.
(2) Persons employed in the area concerned but (a) who were originally recruited from outside such area and have been in substantially continuous employment by other Federal agencies, contractors of Federal agencies, or international organizations in which the U. S. Government participates, and whose conditions of employment provide for their return transportation to places outside the area concerned, or (b) who were at the time of employment temporarily present in the area concerned for purposes of travel or formal study and maintained residence outside such area during the period so present.
(3) Persons who are not normally residents of the area concerned and who are discharged from the military service of the United States in such area to accept employment therein with an agency of the Federal Government.
(b) In fixing the non-foreign area cost-of-living allowances, the Office of Personnel Management shall make appropriate deductions when quarters or subsistence, or commissary or other purchasing privileges are furnished as a result of Federal civilian employment at a cost substantially lower than the prevailing costs in the allowance area concerned.
(a) The following regulations shall govern the payment of non-foreign area post differentials and non-foreign area cost-of-living allowances under this Part:
(1) Payments shall begin as of the date of arrival at the post on assignment or transfer and shall end as of the date of departure from the post for separation or transfer, except that in case of local recruitment such payments shall begin and end as of the beginning and end of employment, respectively.
(2) Payments for periods of leave and of detail shall begin and end as determined in regulations prescribed under section 202(c) hereof.
(3) Payments to persons serving on a part-time basis shall be prorated to cover only those periods of time for which such persons receive basic compensation.
(4) Payment shall not be made for any time for which an employee does not receive basic compensation.
Part III—Interim Arrangements
Part IV—Foreign Service Salary Differentials
[Part IV relating to Foreign Service salary differentials terminated June 30, 1951, pursuant to section 404 of this Executive Order.]
Part V—Unhealthful Posts
[Part V relating to Unhealthful Posts terminated June 30, 1951, pursuant to section 503 of this Executive Order.]
Part VI—General Provisions
Executive Order No. 12070
Ex. Ord. No. 12070, June 30, 1978, 43 F.R. 28977, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which related to suspension of certain requirements in determination of cost of living allowance rates, was superseded by Ex. Ord. No. 12510, Apr. 17, 1985, 50 F.R. 15535.
Section Referred to in Other Sections
This section is referred to in
§5942. Allowance based on duty at remote worksites
(a) Notwithstanding
(b) Under procedures prescribed by the President, the maximum allowance specified in subsection (a) may be adjusted from time to time in the interest of recruiting and retaining employees for performance of duty at remote worksites.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 31, 1964, |
The words "of the United States" are omitted as unnecessary because of the definition of "employee" in section 2105.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
5942 | 5 App.: 70c. | Mar. 31, 1966, |
Amendments
1990—
1971—
Effective Date of 1971 Amendment
Section 6(b) of
"(1) allowances may be paid to employees under
"(2) such regulations may be amended or revoked in accordance with such section 5942 as in effect immediately prior to the effective date of this section [Jan. 8, 1971]."
Delegation of Functions
Authority of President under this section to prescribe regulations establishing rates at which an allowance based on duty (except temporary duty) at remote worksites will be paid and defining and designating sites, areas, and groups of positions to which rates apply delegated to Office of Personnel Management, see section 8(3) of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
§5942a. Separate maintenance allowance for duty at Johnston Island
(a) Notwithstanding
(1) it is necessary for the employee to maintain the employee's spouse or dependents, or both, at a location other than Johnston Island—
(A) by reason of dangerous or adverse living conditions at Johnston Island; or
(B) for the convenience of the Federal Government; and
(2) the allowance is needed to help the employee meet the additional expenses involved in maintaining the employee's spouse or dependents, or both, at such other location rather than at the post.
(b) The regulations prescribed by the President shall include provisions for determining the rate at which an allowance under this section shall be paid.
(Added
Effective Date
Section 1092(b) of
Delegation of Functions
Authority of President under this section to prescribe regulations delegated to the Office of Personnel Management by section 8(4) of Ex. Ord. No. 11609, set out as a note under
§5943. Foreign currency appreciation allowances
(a) The President, under such regulations as he may prescribe, may meet losses sustained by employees and members of the uniformed services while serving in a foreign country due to the appreciation of foreign currency in its relation to the American dollar. Allowances and expenditures under this section are not subject to income taxes.
(b) Annual appropriations are authorized to carry out subsection (a) of this section and to cover any deficiency in the accounts of the Secretary of the Treasury, including interest, arising out of the arrangement approved by the President on July 27, 1933, for the conversion into foreign currency of checks and drafts of employees and members of the uniformed services for pay and expenses.
(c) Payment under subsection (a) of this section may not be made to an employee or member of a uniformed service for a period during which his check or draft was converted into foreign currency under the arrangement referred to by subsection (b) of this section.
(d) The President shall report annually to Congress all expenditures made under this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Mar. 26, 1934, ch. 87, |
||
Aug. 14, 1937, ch. 627, |
||
Sept. 12, 1950, ch. 946, §301(87), |
The section is reorganized and restated for clarity and conciseness.
In subsection (a), the words "notwithstanding the provisions of any other Act" are omitted as unnecessary. The words "Secretary of the Treasury" are substituted for "Treasurer of the United States" on authority of 1950 Reorg. Plan No. 26 §§1, 2, eff. July 31, 1950,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1979—Subsec. (a).
Subsec. (d).
Effective Date of 1979 Amendment
Amendment by
Delegation of Functions
Authority of President under subsec. (a) of this section to make recommendations concerning meeting of losses sustained by employees and members of uniformed services while serving in a foreign country due to appreciation of foreign currency in its relation to American dollar and under subsec. (d) of this section to report annually to Congress on expenditures made under subsec. (d) of this section, delegated to Secretary of the Treasury, see section 2 of Ex. Ord. No. 11609, July 22, 1971, 36 F.R. 13747, set out as a note under
Section Referred to in Other Sections
This section is referred to in title 26 section 139.
[§5944. Repealed. Pub. L. 98–164, title I, §127(b)(1), Nov. 22, 1983, 97 Stat. 1027 ]
Section,
§5945. Notary public commission expenses
An employee as defined by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 11, 1956, ch. 554, §1, |
||
July 11, 1956, ch. 554, §2, |
In the first sentence, the words "to be incurred by them in order" are omitted as surplusage. The words "from and after January 1, 1955" are omitted as obsolete.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§5946. Membership fees; expenses of attendance at meetings; limitations
Except as authorized by a specific appropriation, by express terms in a general appropriation, or by
(1) membership fees or dues of an employee as defined by
(2) expenses of attendance of an individual at meetings or conventions of members of a society or association.
This section does not prevent the use of appropriations for the Department of Agriculture for expenses incident to the delivery of lectures, the giving of instructions, or the acquiring of information at meetings by its employees on subjects relating to the authorized work of the Department.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 26, 1912, ch. 182, §8, Mar. 4, 1913, ch. 145 (3d full par. on p. 854), |
The words "or by
In the last sentence, the words "This section does not" are substituted for "That nothing contained in the Act making appropriations to provide for the expenses of the Government of the District of Columbia for the fiscal year ending June thirtieth, nineteen hundred and thirteen, and for other purposes, approved June twenty-sixth, nineteen hundred and twelve, shall be so construed as to" appearing in the Act of Mar. 4, 1913,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Cross References
Payment of expenses of government employees incident to attendance at meetings, see
Section Referred to in Other Sections
This section is referred to in title 22 section 1474.
§5947. Quarters, subsistence, and allowances for employees of the Corps of Engineers, Department of the Army, engaged in floating plant operations
(a) An employee of the Corps of Engineers, Department of the Army, engaged in floating plant operations may be furnished quarters or subsistence, or both, on vessels, without charge, when the furnishing of the quarters or subsistence, or both, is determined to be equitable to the employee concerned, and necessary in the public interest, in connection with such operations.
(b) Notwithstanding
(1) adverse weather conditions or similar circumstances beyond the control of the employee or the Corps of Engineers prevent transportation of the employee from shore to the vessel; or
(2) quarters or subsistence, or both, are not available on the vessel while it is undergoing repairs.
(c) The quarters or subsistence, or both, or allowance in place thereof, may be furnished or paid only under regulations prescribed by the Secretary of the Army.
(Added
§5948. Physicians comparability allowances
(a) Notwithstanding any other provision of law, and in order to recruit and retain highly qualified Government physicians, the head of an agency, subject to the provisions of this section, section 5307, and such regulations as the President or his designee may prescribe, may enter into a service agreement with a Government physician which provides for such physician to complete a specified period of service in such agency in return for an allowance for the duration of such agreement in an amount to be determined by the agency head and specified in the agreement, but not to exceed—
(1) $14,000 per annum if, at the time the agreement is entered into, the Government physician has served as a Government physician for twenty-four months or less, or
(2) $30,000 per annum if the Government physician has served as a Government physician for more than twenty-four months.
For the purpose of determining length of service as a Government physician, service as a physician under section 4104 or 4114 1 of title 38 or active service as a medical officer in the commissioned corps of the Public Health Service under Title II of the Public Health Service Act (
(b) An allowance may not be paid pursuant to this section to any physician who—
(1) is employed on less than a half-time or intermittent basis,
(2) occupies an internship or residency training position,
(3) is a reemployed annuitant, or
(4) is fulfilling a scholarship obligation.
(c) The head of an agency, pursuant to such regulations, criteria, and conditions as the President or his designee may prescribe, shall determine categories of positions applicable to physicians in such agency with respect to which there is a significant recruitment and retention problem. Only physicians serving in such positions shall be eligible for an allowance pursuant to this section. The amounts of each such allowance shall be determined by the agency head, subject to such regulations, criteria, and conditions as the President or his designee may prescribe, and shall be the minimum amount necessary to deal with the recruitment and retention problem for each such category of physicians.
(d) Any agreement entered into by a physician under this section shall be for a period of one year of service in the agency involved unless the physician requests an agreement for a longer period of service. No agreement shall be entered into under this section later than September 30, 2000, nor shall any agreement cover a period of service extending beyond September 30, 2002.
(e) Unless otherwise provided for in the agreement under subsection (f) of this section, an agreement under this section shall provide that the physician, in the event that such physician voluntarily, or because of misconduct, fails to complete at least one year of service pursuant to such agreement, shall be required to refund the total amount received under this section, unless the head of the agency, pursuant to such regulations as may be prescribed under this section by the President or his designee, determines that such failure is necessitated by circumstances beyond the control of the physician.
(f) Any agreement under this section shall specify, subject to such regulations as the President or his designee may prescribe, the terms under which the head of the agency and the physician may elect to terminate such agreement, and the amounts, if any, required to be refunded by the physician for each reason for termination.
(g) For the purpose of this section—
(1) "Government physician" means any individual employed as a physician or dentist who is paid under—
(A)
(B) Subchapter VIII of
(C) section 5371, relating to certain health care positions;
(D) section 3 of the Tennessee Valley Authority Act of 1933 (
(E)
(F) section 10 of the Central Intelligence Agency Act of 1949 (
(G) section 1202 of the Panama Canal Act of 1979, relating to the Panama Canal Commission;
(H) section 2 of the Act of May 29, 1959 2 (
(I) section 5376, relating to certain senior-level positions;
(J) section 5377, relating to critical positions; or
(K) subchapter IX of
(2) "agency" means an Executive agency, as defined in
(h)(1) Any allowance paid under this section shall not be considered as basic pay for the purposes of subchapter VI and
(2) Any allowance under this section for a Government physician shall be paid in the same manner and at the same time as the physician's basic pay is paid.
(i) Any regulations, criteria, or conditions that may be prescribed under this section by the President or his designee shall not be applicable to the Tennessee Valley Authority, and the Tennessee Valley Authority shall have sole responsibility for administering the provisions of this section with respect to Government physicians employed by the Authority.
(j)(1) Not later than June 30 of each year, the President shall submit to each House of Congress a written report on the operation of this section. Each report shall include, with respect to the year covered by such report, information as to—
(A) which agencies entered into agreements under this section;
(B) the nature and extent of the recruitment or retention problems justifying the use of authority by each agency under this section;
(C) the number of physicians with whom agreements were entered into by each agency;
(D) the size of the allowances and the duration of the agreements entered into; and
(E) the degree to which the recruitment or retention problems referred to in subparagraph (B) were alleviated under this section.
(2) In addition to the information required under paragraph (1), the last report due under this subsection before the expiration of the authority to enter into agreements under this section shall include—
(A) recommendations as to whether or not such authority should be continued beyond September 30, 2000, and, if so, by what period of time; and
(B) the reasons for those recommendations.
(Added
Repeal of Section
For repeal of section by section 3 of
References in Text
The Public Health Service Act, referred to in subsec. (a), is act July 1, 1944, ch. 373,
The Foreign Service Act of 1980, referred to in subsec. (g)(1)(E), is
Section 1202 of the Panama Canal Act of 1979, referred to in subsec. (g)(1)(G), is classified to
Section 2 of the Act of May 29, 1959 (
Amendments
1998—Subsec. (a)(2).
1997—Subsec. (d).
Subsec. (j)(2)(A).
1993—Subsec. (d).
Subsec. (g)(1)(C) to (L).
Subsec. (j).
1992—Subsec. (a).
Subsec. (g)(1)(D).
Subsec. (g)(1)(J) to (L).
1990—Subsec. (d).
1987—Subsec. (a).
Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (d).
1984—Subsec. (g)(1)(C).
1983—Subsec. (d).
1981—Subsec. (d).
Subsec. (g)(1).
1979—Subsec. (d).
Subsec. (g)(1).
Subsec. (g)(2).
Effective Date of 1997 Amendment
Section 517(c) of
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1984 Amendment
Section 205 of
Effective Date of Repeal
Section 3 of
[Section 1(b)(1) of
[Section 1(b)(2) of
Short Title of 1983 Amendment
Section 101 of title I of
Short Title of 1981 Amendment
Section 1 of
Short Title of 1979 Amendment
Section 1 of
Short Title
Section 1 of
Construction of 1998 Amendment
Construction of 1993 Amendment
Section 1(a)(4) of
Section 1(c) of
"(1) the provisions of subsection (b)(1) [enacting and amending provisions set out as notes above] shall be treated as having been enacted immediately before the provisions of subsection (b)(2) [enacting and amending provisions set out as notes above]; and
"(2) the provisions of subsection (b)(2) shall be treated as having been enacted immediately before the provisions of subsection (a) [amending this section and enacting and amending provisions set out as notes above]."
Modification of Service Agreements in Effect on October 19, 1998; Limitation
"(1)
"(2)
Effectiveness of Service Agreements Limited by Appropriation Acts
Section 1(a)(3) of
Due Date for First Annual Report on Operation of Section
Section 2(b) of
Pay of Certain Federal Physicians for Fiscal Year 1982
Section 103 of
Service Agreements Entered Into On or After December 29, 1981; Advance Authorization; Fiscal Year 1982
Section 4 of
Service Agreements Entered Into On or After December 29, 1979; Advance Authorization
Section 5 of
Time of Entry into Allowance Agreements and for Commencement of Allowance
Section 2(c) of
Ex. Ord. No. 12109. Delegation of Authority to Director of Office of Personnel Management
Ex. Ord. No. 12109, Dec. 28, 1978, 44 F.R. 1067, provided:
By the authority vested in me as President of the United States of America by
1–101. The Director of the Office of Personnel Management is hereby designated and empowered to exercise, in consultation with the Director of the Office of Management and Budget, the authority of the President under
1–102. Until the Office of Personnel Management is established (on or before January 1, 1979), pursuant to Reorganization Plan No. 2 of 1978 (43 FR 36037) [set out under
Jimmy Carter.
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
2 See References in Text note below.
Subpart E—Attendance and Leave
CHAPTER 61 —HOURS OF WORK
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—FLEXIBLE AND COMPRESSED WORK SCHEDULES
Amendments
1982—
1972—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—GENERAL PROVISIONS
Amendments
1982—
§6101. Basic 40-hour workweek; work schedules; regulations
(a)(1) For the purpose of this subsection, "employee" includes an employee of the government of the District of Columbia and an employee whose pay is fixed and adjusted from time to time under
(2) The head of each Executive agency, military department, and of the government of the District of Columbia shall—
(A) establish a basic administrative workweek of 40 hours for each full-time employee in his organization; and
(B) require that the hours of work within that workweek be performed within a period of not more than 6 of any 7 consecutive days.
(3) Except when the head of an Executive agency, a military department, or of the government of the District of Columbia determines that his organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased, he shall provide, with respect to each employee in his organization, that—
(A) assignments to tours of duty are scheduled in advance over periods of not less than 1 week
(B) the basic 40-hour workweek is scheduled on 5 days, Monday through Friday when possible, and the 2 days outside the basic workweek are consecutive;
(C) the working hours in each day in the basic workweek are the same;
(D) the basic nonovertime workday may not exceed 8 hours;
(E) the occurrence of holidays may not affect the designation of the basic workweek; and
(F) breaks in working hours of more than 1 hour may not be scheduled in a basic workday.
(4) Notwithstanding paragraph (3) of this subsection, the head of an Executive agency, a military department, or of the government of the District of Columbia may establish special tours of duty, of not less than 40 hours, to enable employees to take courses in nearby colleges, universities, or other educational institutions that will equip them for more effective work in the agency. Premium pay may not be paid to an employee solely because his special tour of duty established under this paragraph results in his working on a day or at a time of day for which premium pay is otherwise authorized.
(5) The Architect of the Capitol may apply this subsection to employees under the Office of the Architect of the Capitol or the Botanic Garden. The Librarian of Congress may apply this subsection to employees under the Library of Congress.
(b)(1) For the purpose of this subsection, "agency" and "employee" have the meanings given them by
(2) To the maximum extent practicable, the head of an agency shall schedule the time to be spent by an employee in a travel status away from his official duty station within the regularly scheduled workweek of the employee.
(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.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a), (b) | June 30, 1945, ch. 212, §604(a), |
|
(c) | June 30, 1945, ch. 212, §604(e) (less last 27 words), |
In subsection (a), the words "in the departmental and the field services" are omitted as unnecessary.
In subsections (a) and (b), the words "an Executive agency, a military department" are coextensive with and substituted for "the several departments and independent establishments and agencies in the executive branch, including Government-owned or controlled corporations" and "such department, establishment, or agency" in view of the definitions in sections 105 and 102. The words "a military department" are included to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
Subsection (d) is added on authority of former sections 901(d) and 2358(a) (as applicable to the Federal Employees Pay Act of 1945, as amended) which are carried into section 5541, and to include individuals employed by the government of the District of Columbia as they are not included in the definition of "employee" in section 2105.
Subsection (e) is added on authority of former section 945, which is carried into section 5548. The words "an Executive agency" are substituted for "the executive branch of the Government" to conform to the definition in section 105. Applicability of this section to employees of the General Accounting Office is based on former section 933a.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
6101(a) (1)–(3), (5) | 5:6101(a)–(d). | [None.] |
6101(a)(4) | 5 App.: 944(a)(3). | June 29, 1966, |
6101(b) | 5 App.: 912b (last sentence). | Oct. 29, 1965, |
6101(c) | 5:6101(e). | [None.] |
In subsection (a)(4), the words "without regard to the requirements of such paragraph" are omitted as redundant in view of the words "notwithstanding paragraph (3) of this subsection" at the beginning thereof. The words "an Executive agency, a military department" are coextensive with and substituted for "each such department, establishment, or agency" and to conform to subsections (a)(2) and (a)(3). The words "officers" and "officer" are omitted as included in "employees" and "employee". The word "pay" is substituted for "compensation" to conform to the style of
Subsection (b)(1) is added on authority of former
In subsection (b)(2), the words "head of an agency" are substituted for "head of any department, independent establishment, or agency, including Government-owned or controlled corporations, or of the municipal government of the District of Columbia, or the head of any legislative or judicial agency to which this title applies" to conform to the definition of "agency" in
Amendments
1978—Subsec. (c).
1975—Subsec. (a)(4).
1972—Subsec. (a)(1).
Termination Date of 1982 Amendment
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Short Title of 1982 Amendment
Delegation of Functions
Functions vested in Office of Personnel Management under this section insofar as it affects officers and employees in or under the executive branch of the government to be performed without approval of President, see section 1(1) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under
Federal Employees Flexible and Compressed Work Schedules
"short title
"
"congressional findings
"definitions
"
"(1) the term 'agency' means an Executive agency and a military department (as such terms are defined in sections 105 and 102, respectively, of
"(2) the term 'employ' has the meaning given it by
"(3) the term 'Commission' means the United States Civil Service Commission; and
"(4) the term 'basic work requirement' means the number of hours, excluding overtime hours, which an employee is required to work or is required to account for by leave or otherwise.
"experimental programs
"(2) Each agency may conduct one or more experiments under titles I and II of this Act. Such experiments shall be subject to such regulations as the Commission may prescribe under section 305 of this Act.
"(b) The Commission shall, not later than 90 days after the effective date of this section, establish a master plan which shall contain guidelines and criteria by which the Commission will study and evaluate experiments conducted under titles I and II of this Act. Such master plan shall provide for the study and evaluation of experiments within a sample of organizations of different size, geographic location, and functions and activities, sufficient to insure adequate evaluation of the impact of varied work schedules on—
"(1) the efficiency of Government operations;
"(2) mass transit facilities and traffic;
"(3) levels of energy consumption;
"(4) service to the public;
"(5) increased opportunities for full-time and part-time employment; and
"(6) individuals and families generally.
"(c) The Commission shall provide educational material, and technical aids and assistance, for use by an agency before and during the period such agency is conducting experiments under this Act [enacting
"(d) If the head of an agency determines that the implementation of an experimental program referred to in subsection (a) would substantially disrupt the agency in carrying out its functions, such agency head shall request the Commission to exempt such agency from the requirements of any experiment conducted by the Commission under subsection (a). Such request shall be accompanied by a report detailing the reasons for such determination. The Commission shall exempt an agency from such requirements only if it finds that including the agency within the experiment would not be in the best interest of the public, the Government, or the employees. The filing of such a request with the Commission shall exclude the agency from the experiment until the Commission has made its determination or until 180 days after the date the request is filed, whichever first occurs.
"TITLE I—FLEXIBLE SCHEDULING OF WORK HOURS
"definitions
"(1) the term 'credit hours' means any hours, within a flexible schedule established under this title, which are in excess of an employee's basic work requirement and which the employee elects to work so as to vary the length of a workweek or a workday; and
"(2) the term 'overtime hours' means all hours in excess of 8 hours in a day or 40 hours in a week which are officially ordered in advance, but does not include credit hours.
"flexible scheduling experiments
"(1) designated hours and days during which an employee on such a schedule must be present for work; and
"(2) designated hours during which an employee on such a schedule may elect the time of such employee's arrival at and departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday.
An election by an employee referred to in paragraph (2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the employee's position are fulfilled.
"(b) Notwithstanding any other provision of this Act [enacting
"(1) any experiment under subsection (a) of this section may be terminated by the Commission if it determines that the experiment is not in the best interest of the public, the Government, or the employees; or
"(2) if the head of an agency determines that any organization within the agency which is participating in an experiment under subsection (a) is being substantially disrupted in carrying out its functions or is incurring additional costs because of such participation, such agency head may—
"(A) restrict the employees' choice of arrival and departure time,
"(B) restrict the use of credit hours, or
"(C) exclude from such experiment any employee or group of employees.
"(c) Experiments under subsection (a) shall terminate not later than the first day of the second pay period beginning after July 4, 1982.
"computation of premium pay
"(1) the head of an agency may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding the provisions of
"(2) the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable.
"(b) Notwithstanding the provisions of law referred to in paragraph (1) of subsection (a), an employee shall not be entitled to be compensated for credit hours worked except to the extent authorized under section 106 or to the extent such employee is allowed to have such hours taken into account with respect to the employee's basic work requirement.
"(c)(1) Notwithstanding
"(A) if an employee is on a flexible schedule under which—
"(i) the number of hours during which such employee must be present for work, plus
"(ii) the number of hours during which such employee may elect to work credit hours or elect the time of arrival at and departure from work,
which occur outside of the night work hours designated in or under such section 5545(a) total less than 8 hours, such premium pay shall be paid for those hours which, when combined with such total, do not exceed 8 hours, and
"(B) if an employee is on a flexible schedule under which the hours that such employee must be present for work include any hours designated in or under such section 5545(a), such premium pay shall be paid for such hours so designated.
"(2) Notwithstanding
"(A) in the case of an employee subject to such section 5343(f), for which all or a majority of the hours of such schedule for any day fall between the hours specified in such section, or
"(B) in the case of an employee subject to such section 4107(e)(2), for which 4 hours of such schedule fall between the hours specified in such section.
"holidays
"time-recording devices
"credit hours; accumulation and compensation
"(b) Any employee who is on a flexible schedule experiment under this title and who is no longer subject to such an experiment shall be paid at such employee's then current rate of basic pay for—
"(1) in the case of a full-time employee, not more than 10 credit hours accumulated by such employee, or
"(2) in the case of a part-time employee, the number of credit hours (not in excess of one-eighth of the hours in such employee's biweekly basic work requirement) accumulated by such employee.
"TITLE II—4-DAY WEEK AND OTHER COMPRESSED WORK SCHEDULES
"definitions
"(1) the term 'compressed schedule' means—
"(A) in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and
"(B) in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays; and
"(2) the term 'overtime hours' means any hours in excess of those specified hours which constitute the compressed schedule.
"compressed schedule experiments
"(b)(1) An employee in a unit with respect to which an organization of Government employees has not been accorded exclusive recognition shall not be required to participate in any experiment under subsection (a) unless a majority of the employees in such unit who, but for this paragraph, would be included in such experiment have voted to be so included.
"(2) Upon written request to any agency by an employee, the agency, if it determines that participation in an experiment under subsection (a) would impose a personal hardship on such employee, shall—
"(A) except such employee from such experiment; or
"(B) reassign such employee to the first position within the agency—
"(i) which becomes vacant after such determination,
"(ii) which is not included within such experiment,
"(iii) for which such employee is qualified, and
"(iv) which is acceptable to the employee.
A determination by an agency under this paragraph shall be made not later than 10 days after the day on which a written request for such determination is received by the agency.
"(c) Notwithstanding any other provision of this Act [enacting
"(d) Experiments under subsection (a) shall terminate not later than the end of the first day of the second pay period beginning after July 4, 1982.
"computation of premium pay
"(b) In the case of any full-time employee, hours worked in excess of the compressed schedule shall be overtime hours and shall be paid for as provided by whichever statutory provisions referred to in subsection (a) are applicable to the employee. In the case of any part-time employee on a compressed schedule, overtime pay shall begin to be paid after the same number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay.
"(c) Notwithstanding
"(d) Notwithstanding
"TITLE III—ADMINISTRATIVE PROVISIONS
"administration of leave and retirement provisions
"application of experiments in the case of negotiated contracts
"(b) The Commission or an agency may not participate in a flexible or compressed schedule experiment under a negotiated contract which contains premium pay provisions which are inconsistent with the provisions of section 103 or 203 of this Act, as applicable.
"prohibition of coercion
"(1) such employee's rights under title I to elect a time of arrival or departure, to work or not to work credit hours, or to request or not to request compensatory time off in lieu of payment for overtime hours; or
"(2) such employee's right under section 202(b)(1) to vote whether or not to be included within a compressed schedule experiment or such employee's right to request an agency determination under section 202(b)(2).
For the purpose of the preceding sentence, the term 'intimidate, threaten, or coerce' includes, but is not limited to, promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).
"(b) Any employee who violates the provisions of subsection (a) shall, upon a final order of the Commission, be—
"(1) removed from such employee's position, in which event that employee may not thereafter hold any position as an employee for such period as the Commission may prescribe;
"(2) suspended without pay from such employee's position for such period as the Commission may prescribe; or
"(3) disciplined in such other manner as the Commission shall deem appropriate.
The commission shall prescribe procedures to carry out this subsection under which an employee subject to removal, suspension, or other disciplinary action shall have rights comparable to the rights afforded an employee subject to removal or suspension under subchapter III of
"reports
"(1) prepare an interim report containing recommendations as to what, if any, legislative or administrative action shall be taken based upon the results of experiments conducted under this Act [enacting
"(2) submit copies of such report to the President, the Speaker of the House, and the President pro tempore of the Senate.
The Commission shall prepare a final report with regard to experiments conducted under this Act [enacting
"regulations
"effective date
"(1) the date of the enactment of this Act [Sept. 29, 1978], or
"(2) October 1, 1978,
whichever date is later."
Savings Provisions; 1982 Amendment
"(a) Except as provided in subsection (b), each flexible or compressed work schedule established by any agency under the Federal Employees Flexible and Compressed Work Schedules Act of 1978 (
"(b)(1) During the 90-day period after the date of the enactment of this Act [July 23, 1982] any flexible or compressed work schedule referred to in subsection (a) may be reviewed by the agency concerned. If, in reviewing the schedule, the agency determines in writing that—
"(A) the schedule has reduced the productivity of the agency or the level of services to the public, or has increased the cost of the agency operations, and
"(B) termination of the schedule will not result in an increase in the cost of the agency operations (other than a reasonable administrative cost relating to the process of terminating a schedule),
the agency shall, notwithstanding any provision of a negotiated agreement, immediately terminate such schedule and such termination shall not be subject to negotiation or to administrative review (except as the President may provide) or to judicial review.
"(2) If a schedule established pursuant to a negotiated agreement is terminated under paragraph (1), either the agency or the exclusive representative concerned may, by written notice to the other party within 90 days after the date of such termination, initiate collective bargaining pertaining to the establishment of another flexible or compressed work schedule under subchapter II of
Cross References
Contract Work Hours Standards Act, see
Overtime and other premium pay, see
Section Referred to in Other Sections
This section is referred to in
[§6102. Repealed. Pub. L. 92–392, §7(a), Aug. 19, 1972, 86 Stat. 573 ]
Section,
Effective Date of Repeal
Repeal effective on first day of first applicable pay period beginning on or after 90th day after Aug. 19, 1972, see section 15(a) of
§6103. Holidays
(a) The following are legal public holidays:
New Year's Day, January 1.
Birthday of Martin Luther King, Jr., the third Monday in January.
Washington's Birthday, the third Monday in February.
Memorial Day, the last Monday in May.
Independence Day, July 4.
Labor Day, the first Monday in September.
Columbus Day, the second Monday in October.
Veterans Day, November 11.
Thanksgiving Day, the fourth Thursday in November.
Christmas Day, December 25.
(b) For the purpose of statutes relating to pay and leave of employees, with respect to a legal public holiday and any other day declared to be a holiday by Federal statute or Executive order, the following rules apply:
(1) Instead of a holiday that occurs on a Saturday, the Friday immediately before is a legal holiday for—
(A) employees whose basic workweek is Monday through Friday; and
(B) the purpose of section 6309 1 of this title.
(2) Instead of a holiday that occurs on a regular weekly non-workday of an employee whose basic workweek is other than Monday through Friday, except the regular weekly non-workday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly nonworkday is a legal public holiday for the employee.
(3) Instead of a holiday that is designated under subsection (a) to occur on a Monday, for an employee at a duty post outside the United States whose basic workweek is other than Monday through Friday, and for whom Monday is a regularly scheduled workday, the legal public holiday is the first workday of the workweek in which the Monday designated for the observance of such holiday under subsection (a) occurs.
This subsection, except subparagraph (B) of paragraph (1), does not apply to an employee whose basic workweek is Monday through Saturday.
(c) January 20 of each fourth year after 1965, Inauguration Day, is a legal public holiday for the purpose of statutes relating to pay and leave of employees as defined by
(d)(1) For purposes of this subsection—
(A) the term "compressed schedule" has the meaning given such term by section 6121(5); and
(B) the term "adverse agency impact" has the meaning given such term by section 6131(b).
(2) An agency may prescribe rules under which employees on a compressed schedule may, in the case of a holiday that occurs on a regularly scheduled non-workday for such employees, and notwithstanding any other provision of law or the terms of any collective bargaining agreement, be required to observe such holiday on a workday other than as provided by subsection (b), if the agency head determines that it is necessary to do so in order to prevent an adverse agency impact.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | June 28, 1894, ch. 118, |
|
May 13, 1938, ch. 210, |
||
June 1, 1954, ch. 250, |
||
Dec. 26, 1941, ch. 631, |
||
(b) | Sept. 22, 1959, |
|
(c) | [Uncodified]. | Jan. 11, 1957, |
In subsection (a), former sections 87, 87a, and 87b are combined and restated for clarity. The names of all holidays are inserted for ready reference in a like manner to that used in former section 87c.
In subsection (c), the year "1965" is substituted for "1957".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1998—Subsec. (b)(3).
1996—Subsec. (d).
1983—Subsec. (a).
1975—Subsec. (a).
1968—Subsec. (a).
Effective Date of 1983 Amendment
Section 2 of
Effective Date of 1975 Amendment
Effective Date of 1968 Amendment
Section 2 of
References in Laws of the United States to Observances of Legal Public Holidays
Section 1(b) of
Executive Order No. 10358
Ex. Ord. No. 10358, June 9, 1952, 17 F.R. 1529, as amended by Ex. Ord. No. 11226, May 27, 1965, 30 F.R. 7213; Ex. Ord. No. 11272, Feb. 23, 1966, 31 F.R. 3111, which related to the observance of holidays, was revoked by Ex. Ord. No. 11582, Feb. 11, 1971, 36 F.R. 2957, set out below.
Ex. Ord. No. 11582. Observance of Holidays
Ex. Ord. No. 11582, Feb. 11, 1971, 36 F.R. 2957, provided:
By virtue of the authority vested in me as President of the United States, it is hereby ordered as follows:
(a) Holiday means the first day of January, the third Monday of February, the last Monday of May, the fourth day of July, the first Monday of September, the second Monday of October, the fourth Monday of October, the fourth Thursday of November, the twenty-fifth day of December, or any other calendar day designated as a holiday by Federal statute or Executive order.
(b) Workday means those hours which comprise in sequence the employee's regular daily tour of duty within any 24-hour period, whether falling entirely within one calendar day or not.
(b) Any employee whose basic workweek includes Sunday and who would ordinarily be excused from work on a holiday falling within his basic workweek shall be excused from work on the next workday of his basic workweek whenever a holiday falls on a day that has been administratively scheduled as his regular weekly nonworkday in lieu of Sunday.
(a) If a holiday occurs on Sunday, the head of the department shall designate in advance either Sunday or Monday as the employee's holiday and the employee's basic 40-hour tour of duty shall be deemed to include eight hours on the day designated as the employee's holiday.
(b) If a holiday occurs on Saturday, the head of the department shall designate in advance either the Saturday or the preceding Friday as the employee's holiday and the employee's basic 40-hour tour of duty shall be deemed to include eight hours on the day designated as the employee's holiday.
(c) If a holiday occurs on any other day of the week, that day shall be the employee's holiday, and the employee's basic 40-hour tour of duty shall be deemed to include eight hours on that day.
(d) When a holiday is less than a full day, proportionate credit will be given under paragraph (a), (b), or (c) of this section.
Richard Nixon.
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§6104. Holidays; daily, hourly, and piece-work basis employees
When a regular employee as defined by
(1) on which agencies are closed by Executive order, or, for individuals employed by the government of the District of Columbia, by order of the Mayor;
(2) by administrative order under regulations issued by the President, or, for individuals employed by the government of the District of Columbia, by the Council of the District of Columbia; or
(3) solely because of the occurrence of a legal public holiday under
he is entitled to the same pay for that day as for a day on which an ordinary day's work is performed.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 29, 1938, ch. 818, §1, |
||
June 11, 1954, ch. 283, |
||
July 18, 1958, |
The enumeration of holidays is eliminated as unnecessary in view of section 6103.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1979—
1968—
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Ex. Ord. No. 10552. Delegation of Authority To Promulgate Regulations
Ex. Ord. No. 10552, Aug. 10, 1954, 19 F.R. 5079, as amended by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
By virtue of the authority vested in me by
Section Referred to in Other Sections
This section is referred to in
§6105. Closing of Executive departments
An Executive department may not be closed as a mark to the memory of a deceased former official of the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Mar. 3, 1893, ch. 211, §4, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§6106. Time clocks; restrictions
A recording clock may not be used to record time of an employee of an Executive department in the District of Columbia, except that the Bureau of Engraving and Printing may use such recording clocks.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Feb. 24, 1899, ch. 187, §1 (14th par. on p. 864), |
The words "District of Columbia" are substituted for "Washington" as a clearer statement.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1982—
Effective Date of 1982 Amendment
Section 6(b) of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER II—FLEXIBLE AND COMPRESSED WORK SCHEDULES
Amendments
1982—
Subchapter Referred to in Other Sections
This subchapter is referred to in
§6120. Purpose
The Congress finds that the use of flexible and compressed work schedules has the potential to improve productivity in the Federal Government and provide greater service to the public.
(Added
Expanding Family-Friendly Work Arrangements in Executive Branch
Memorandum of President of the United States, July 11, 1994, 59 F.R. 36017, provided:
Memorandum for the Heads of Executive Departments and Agencies
In order to recruit and retain a Federal work force that will provide the highest quality of service to the American people, the executive branch must implement flexible work arrangements to create a "family-friendly" workplace. Broad use of flexible work arrangements to enable Federal employees to better balance their work and family responsibilities can increase employee effectiveness and job satisfaction, while decreasing turnover rates and absenteeism. I therefore adopt the National Performance Review's recommendation that a more family-friendly workplace be created by expanding opportunities for Federal workers to participate in flexible work arrangements, consistent with the mission of the executive branch to serve the public.
The head of each executive department or agency (hereafter collectively "agency" or "agencies") is hereby directed to establish a program to encourage and support the expansion of flexible family-friendly work arrangements, including: job sharing; career part-time employment; alternative work schedules; telecommuting and satellite work locations. Such a program shall include:
(1) identifying agency positions that are suitable for flexible work arrangements;
(2) adopting appropriate policies to increase the opportunities for employees in suitable positions to participate in such flexible work arrangements;
(3) providing appropriate training and support necessary to implement flexible work arrangements; and
(4) identifying barriers to implementing this directive and providing recommendations for addressing such barriers to the President's Management Council.
I direct the Director of the Office of Personnel Management ("OPM") and the Administrator of General Services ("GSA") to take all necessary steps to support and encourage the expanded implementation of flexible work arrangements. The OPM and GSA shall work in concert to promptly review and revise regulations that are barriers to such work arrangements and develop legislative proposals, as needed, to achieve the goals of this directive. The OPM and GSA also shall assist agencies, as requested, to implement this directive.
The President's Management Council, in conjunction with the Office of Management and Budget, shall ensure that any guidance necessary to implement the actions set forth in this directive is provided.
Independent agencies are requested to adhere to this directive to the extent permitted by law.
This directive is for the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable by a party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.
The Director of the Office of Management and Budget is authorized and directed to publish this directive in the Federal Register.
William J. Clinton.
§6121. Definitions
For purposes of this subchapter—
(1) "agency" means any Executive agency, any military department, the Government Printing Office, and the Library of Congress;
(2) "employee" has the meaning given the term in subsection (a) of
(3) "basic work requirement" means the number of hours, excluding overtime hours, which an employee is required to work or is required to account for by leave or otherwise;
(4) "credit hours" means any hours, within a flexible schedule established under
(5) "compressed schedule" means—
(A) in the case of a full-time employee, an 80-hour biweekly basic work requirement which is scheduled for less than 10 workdays, and
(B) in the case of a part-time employee, a biweekly basic work requirement of less than 80 hours which is scheduled for less than 10 workdays;
(6) "overtime hours", when used with respect to flexible schedule programs under
(7) "overtime hours", when used with respect to compressed schedule programs under
(8) "collective bargaining", "collective bargaining agreement", and "exclusive representative" have the same meanings given such terms—
(A) by
(B) in the case of any other unit, by the corresponding provisions applicable under the personnel system covering this unit.
(Added
Amendments
1996—Par. (2).
1989—Par. (1).
Section Referred to in Other Sections
This section is referred to in
§6122. Flexible schedules; agencies authorized to use
(a) Notwithstanding
(1) designated hours and days during which an employee on such a schedule must be present for work; and
(2) designated hours during which an employee on such a schedule may elect the time of such employee's arrival at and departure from work, solely for such purpose or, if and to the extent permitted, for the purpose of accumulating credit hours to reduce the length of the workweek or another workday.
An election by an employee referred to in paragraph (2) shall be subject to limitations generally prescribed to ensure that the duties and requirements of the employee's position are fulfilled.
(b) Notwithstanding any other provision of this subchapter, but subject to the terms of any written agreement referred to in
(1) restrict the employees' choice of arrival and departure time,
(2) restrict the use of credit hours, or
(3) exclude from such program any employee or group of employees.
(Added
Section Referred to in Other Sections
This section is referred to in
§6123. Flexible schedules; computation of premium pay
(a) For purposes of determining compensation for overtime hours in the case of an employee participating in a program under
(1) the head of an agency may, on request of the employee, grant the employee compensatory time off in lieu of payment for such overtime hours, whether or not irregular or occasional in nature and notwithstanding the provisions of sections 5542(a), 5543(a)(1) and section 1 5544(a) of this title,
(2) the employee shall be compensated for such overtime hours in accordance with such provisions, as applicable.
(b) Notwithstanding the provisions of law referred to in subsection (a)(1) of this section, an employee shall not be entitled to be compensated for credit hours worked except to the extent authorized under
(c)(1) Notwithstanding
(A) if an employee is on a flexible schedule under which—
(i) the number of hours during which such employee must be present for work, plus
(ii) the number of hours during which such employee may elect to work credit hours or elect the time of arrival at and departure from work,
which occur outside of the nightwork hours designated in or under such section 5545(a) total less than 8 hours, such premium pay shall be paid for those hours which, when combined with such total, do not exceed 8 hours, and
(B) if an employee is on a flexible schedule under which the hours that such employee must be present for work include any hours designated in or under such section 5545(a), such premium pay shall be paid for such hours so designated.
(2) Notwithstanding
(A) in the case of an employee subject to subsection (f) of such section 5343, for which all or a majority of the hours of such schedule for any day fall between the hours specified in such subsection, or
(B) in the case of an employee subject to subsection (b) of such section 7453, for which 4 hours of such schedule fall between the hours specified in such subsection.
(Added
Amendments
1992—Subsec. (a)(1).
1991—Subsec. (a)(1).
Subsec. (c)(2).
Section Referred to in Other Sections
This section is referred to in
1 So in original. The word "section" probably should not appear.
§6124. Flexible schedules; holidays
Notwithstanding
(Added
Section Referred to in Other Sections
This section is referred to in
§6125. Flexible schedules; time-recording devices
Notwithstanding
(Added
Section Referred to in Other Sections
This section is referred to in
§6126. Flexible schedules; credit hours; accumulation and compensation
(a) Subject to any limitation prescribed by the Office of Personnel Management or the agency, a full-time employee on a flexible schedule can accumulate not more than 24 credit hours, and a part-time employee can accumulate not more than one-fourth of the hours in such employee's biweekly basic work requirement, for carryover from a biweekly pay period to a succeeding biweekly pay period for credit to the basic work requirement for such period.
(b) Any employee who is on a flexible schedule program under
(1) in the case of a full-time employee, not more than 24 credit hours accumulated by such employee, or
(2) in the case of a part-time employee, the number of credit hours (not in excess of one-fourth of the hours in such employee's biweekly basic work requirement) accumulated by such employee.
(Added
Section Referred to in Other Sections
This section is referred to in
§6127. Compressed schedules; agencies authorized to use
(a) Notwithstanding
(b)(1) An employee in a unit with respect to which an organization of Government employees has not been accorded exclusive recognition shall not be required to participate in any program under subsection (a) unless a majority of the employees in such unit who, but for this paragraph, would be included in such program have voted to be so included.
(2) Upon written request to any agency by an employee, the agency, if it determines that participation in a program under subsection (a) would impose a personal hardship on such employee, shall—
(A) except such employee from such program; or
(B) reassign such employee to the first position within the agency—
(i) which becomes vacant after such determination,
(ii) which is not included within such program,
(iii) for which such employee is qualified, and
(iv) which is acceptable to the employee.
A determination by an agency under this paragraph shall be made not later than 10 days after the day on which a written request for such determination is received by the agency.
(Added
Section Referred to in Other Sections
This section is referred to in
§6128. Compressed schedules; computation of premium pay
(a) The provisions of
(b) In the case of any full-time employee, hours worked in excess of the compressed schedule shall be overtime hours and shall be paid for as provided by the applicable provisions referred to in subsection (a) of this section. In the case of any part-time employee on a compressed schedule, overtime pay shall begin to be paid after the same number of hours of work after which a full-time employee on a similar schedule would begin to receive overtime pay.
(c) Notwithstanding
(d) Notwithstanding
(Added
Amendments
1992—Subsec. (a).
Subsec. (c).
1991—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§6129. Administration of leave and retirement provisions
For purposes of administering sections 6303(a), 6304, 6307(a) and (d), 6323, 6326, 6327, and 8339(m) of this title, in the case of an employee who is in any program under this subchapter, references to a day or workday (or to multiples or parts thereof) contained in such sections shall be considered to be references to 8 hours (or to the respective multiples or parts thereof).
(Added
Amendments
1994—
§6130. Application of programs in the case of collective bargaining agreements
(a)(1) In the case of employees in a unit represented by an exclusive representative, any flexible or compressed work schedule, and the establishment and termination of any such schedule, shall be subject to the provisions of this subchapter and the terms of a collective bargaining agreement between the agency and the exclusive representative.
(2) Employees within a unit represented by an exclusive representative shall not be included within any program under this subchapter except to the extent expressly provided under a collective bargaining agreement between the agency and the exclusive representative.
(b) An agency may not participate in a flexible or compressed schedule program under a collective bargaining agreement which contains premium pay provisions which are inconsistent with the provisions of
(Added
Section Referred to in Other Sections
This section is referred to in
§6131. Criteria and review
(a) Notwithstanding the preceding provisions of this subchapter or any collective bargaining agreement and subject to subsection (c) of this section, if the head of an agency finds that a particular flexible or compressed schedule under this subchapter has had or would have an adverse agency impact, the agency shall promptly determine not to—
(1) establish such schedule; or
(2) continue such schedule, if the schedule has already been established.
(b) For purposes of this section, "adverse agency impact" means—
(1) a reduction of the productivity of the agency;
(2) a diminished level of services furnished to the public by the agency; or
(3) an increase in the cost of agency operations (other than a reasonable administrative cost relating to the process of establishing a flexible or compressed schedule).
(c)(1) This subsection shall apply in the case of any schedule covering employees in a unit represented by an exclusive representative.
(2)(A) If an agency and an exclusive representative reach an impasse in collective bargaining with respect to an agency determination under subsection (a)(1) not to establish a flexible or compressed schedule, the impasse shall be presented to the Federal Service Impasses Panel (hereinafter in this section referred to as the "Panel").
(B) The Panel shall promptly consider any case presented under subparagraph (A), and shall take final action in favor of the agency's determination if the finding on which it is based is supported by evidence that the schedule is likely to cause an adverse agency impact.
(3)(A) If an agency and an exclusive representative have entered into a collective bargaining agreement providing for use of a flexible or compressed schedule under this subchapter and the head of the agency determines under subsection (a)(2) to terminate a flexible or compressed schedule, the agency may reopen the agreement to seek termination of the schedule involved.
(B) If the agency and exclusive representative reach an impasse in collective bargaining with respect to terminating such schedule, the impasse shall be presented to the Panel.
(C) The Panel shall promptly consider any case presented under subparagraph (B), and shall rule on such impasse not later than 60 days after the date the Panel is presented the impasse. The Panel shall take final action in favor of the agency's determination to terminate a schedule if the finding on which the determination is based is supported by evidence that the schedule has caused an adverse agency impact.
(D) Any such schedule may not be terminated until—
(i) the agreement covering such schedule is renegotiated or expires or terminates pursuant to the terms of that agreement; or
(ii) the date of the Panel's final decision, if an impasse arose in the reopening of the agreement under subparagraph (A) of this paragraph.
(d) This section shall not apply with respect to flexible schedules that may be established without regard to the authority provided under this subchapter.
(Added
Section Referred to in Other Sections
This section is referred to in
§6132. Prohibition of coercion
(a) An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with—
(1) such employee's rights under
(2) such employee's right under
(b) For the purpose of subsection (a), the term "intimidate, threaten, or coerce" includes, but is not limited to, promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).
(Added
§6133. Regulations; technical assistance; program review
(a) The Office of Personnel Management shall prescribe regulations necessary for the administration of the programs established under this subchapter.
(b)(1) The Office shall provide educational material, and technical aids and assistance, for use by an agency in connection with establishing and maintaining programs under this subchapter.
(2) In order to provide the most effective materials, aids, and assistance under paragraph (1), the Office shall conduct periodic reviews of programs established by agencies under this subchapter particularly insofar as such programs may affect—
(A) the efficiency of Government operations;
(B) mass transit facilities and traffic;
(C) levels of energy consumption;
(D) service to the public;
(E) increased opportunities for full-time and part-time employment; and
(F) employees' job satisfaction and nonworklife.
(c)(1) With respect to employees in the Library of Congress, the authority granted to the Office of Personnel Management under this subchapter shall be exercised by the Librarian of Congress.
(2) With respect to employees in the Government Printing Office, the authority granted to the Office of Personnel Management under this subchapter shall be exercised by the Public Printer.
(Added
Amendments
1989—Subsec. (c).
CHAPTER 63 —LEAVE
SUBCHAPTER I—ANNUAL AND SICK LEAVE
SUBCHAPTER II—OTHER PAID LEAVE
SUBCHAPTER III—VOLUNTARY TRANSFERS OF LEAVE
SUBCHAPTER IV—VOLUNTARY LEAVE BANK PROGRAM
SUBCHAPTER V—FAMILY AND MEDICAL LEAVE
SUBCHAPTER VI—LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
Amendments
1999—
1997—
1994—
1993—
1990—
1988—
1975—
1970—
1968—
1967—
1966—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—ANNUAL AND SICK LEAVE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§6301. Definitions
For the purpose of this subchapter—
(1) "United States", when used in a geographical sense means the several States and the District of Columbia; and
(2) "employee" means—
(A) an employee as defined by
(B) an individual first employed by the government of the District of Columbia before October 1, 1987;
but does not include—
(i) a teacher or librarian of the public schools of the District of Columbia;
(ii) a part-time employee who does not have an established regular tour of duty during the administrative workweek;
(iii) a temporary employee engaged in construction work at an hourly rate;
(iv) an employee of the Panama Canal Commission when employed on the Isthmus of Panama;
(v) a physician, dentist, or nurse in the Veterans Health Administration of the Department of Veterans Affairs;
(vi) an employee of either House of Congress or of the two Houses;
(vii) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
(viii) an alien employee who occupies a position outside the United States, except as provided by
(ix) a "teacher" or an individual holding a "teaching position" as defined by
(x) an officer in the executive branch or in the government of the District of Columbia who is appointed by the President and whose rate of basic pay exceeds the highest rate payable under
(xi) an officer in the executive branch or in the government of the District of Columbia who is designated by the President, except a postmaster, United States attorney, or United States marshal;
(xii) a chief of mission (as defined in section 102(a)(3) of the Foreign Service Act of 1980); or
(xiii) an officer in the legislative or judicial branch who is appointed by the President.
Notwithstanding clauses (x)–(xii) of paragraph (2), the term "employee" includes any member of the Senior Foreign Service or any Foreign Service officer (other than a member or officer serving as chief of mission or in a position which requires appointment by and with the advice and consent of the Senate) and any member of the Foreign Service commissioned as a diplomatic or consular officer, or both, under section 312 of the Foreign Service Act of 1980.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(1) | Sept. 6, 1960, |
|
(2) | Oct. 30, 1951, ch. 631, §202, July 2, 1953, ch. 178, §1 "(c)(1) (less last sentence)", |
|
Sept. 6, 1960, |
||
Aug. 21, 1964, |
||
Aug. 21, 1964, |
||
July 17, 1959, |
In paragraph (1), the words "when used in a geographical sense" are added for clarity.
In paragraph (2), the words "an employee as defined by
In paragraph (2)(ix), the words "as defined by
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 102(a)(3) of the Foreign Service Act of 1980, referred to in par. (2)(xii), was redesignated section 102(3) of that Act by
Section 312 of the Foreign Service Act of 1980, referred to in text, is classified to
Amendments
1991—Par. (2)(v).
1986—Par. (2)(B).
1980—
Par. (2)(xii).
1979—Par. (2)(iv).
1978—Par. (2)(xiii).
1970—Par. (2)(ii).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1970 Amendment
Amendment by
Short Title of 1999 Amendment
Short Title of 1994 Amendment
Short Title of 1993 Amendment
Short Title of 1988 Amendment
Employees of the District of Columbia
Executive Order No. 10540
Ex. Ord. No. 10540, June 29, 1954, 19 F.R. 3983, which related to the designation of certain officers as exempt from the Annual and Sick Leave Act of 1951, was revoked by section 2–201 of Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, set out as a note under
Cross References
Leave, members of armed forces, entitlement and accumulation, see
Leaves of absence in United States to personnel of Department of Veterans Affairs assigned to the Republic of the Philippines, see
Section Referred to in Other Sections
This section is referred to in
§6302. General provisions
(a) The days of leave provided by this subchapter are days on which an employee would otherwise work and receive pay and are exclusive of holidays and nonworkdays established by Federal statute, Executive order, or administrative order.
(b) For the purpose of this subchapter an employee is deemed employed for a full biweekly pay period if he is employed during the days within that period, exclusive of holidays and nonworkdays established by Federal statute, Executive order, or administrative order, which fall within his basic administrative workweek.
(c) A part-time employee, unless otherwise excepted, is entitled to the benefits provided by subsection (d) of this section and
(d) The annual leave provided by this subchapter, including annual leave that will accrue to an employee during the year, may be granted at any time during the year as the head of the agency concerned may prescribe.
(e) If an officer excepted from this subchapter by section 6301(2)(x)–(xiii) of this title, without a break in service, again becomes subject to this subchapter on completion of his service as an excepted officer, the unused annual and sick leave standing to his credit when he was excepted from this subchapter is deemed to have remained to his credit.
(f) An employee who uses excess annual leave credited because of administrative error may elect to refund the amount received for the days of excess leave by lump-sum or installment payments or to have the excess leave carried forward as a charge against later-accruing annual leave, unless repayment is waived under
(g) An employee who is being involuntarily separated from an agency due to a reduction in force or transfer of function under subchapter I of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)–(c) | Oct. 30, 1951, ch. 631, §205 (less (d)), |
|
(d) | Oct. 30, 1951, ch. 631, §203(h), |
|
(e) | July 2, 1953, ch. 178, §2(b), |
In subsection (d), the words "the head of the agency concerned" are substituted for "the heads of the various departments and independent establishments".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (g).
1996—Subsec. (g).
1978—Subsec. (e).
1973—Subsec. (f).
Effective Date of 1978 Amendment
Amendment by
Temporary Authority To Transfer Leave
Similar provisions were contained in the following acts:
Similar provisions were contained in the following prior appropriations act:
For provisions ratifying any actions of the Secretary of Veterans Affairs in carrying out section 618 of
Cross References
Officers to whom this subchapter applies not entitled to pay solely because of their status as officers, see
§6303. Annual leave; accrual
(a) An employee is entitled to annual leave with pay which accrues as follows—
(1) one-half day for each full biweekly pay period for an employee with less than 3 years of service;
(2) three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of service; and
(3) one day for each full biweekly pay period for an employee with 15 or more years of service.
In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332, regardless of whether or not the employee is covered by subchapter III of
(A) his retirement was based on disability—
(i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or
(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by
(B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or
(C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days.
The determination of years of service may be made on the basis of an affidavit of the employee. Leave provided by this subchapter accrues to an employee who is not paid on the basis of biweekly pay periods on the same basis as it would accrue if the employee were paid on the basis of biweekly pay periods.
(b) Notwithstanding subsection (a) of this section, an employee whose current employment is limited to less than 90 days is entitled to annual leave under this subchapter only after being currently employed for a continuous period of 90 days under successive appointments without a break in service. After completing the 90-day period, the employee is entitled to be credited with the leave that would have accrued to him under subsection (a) of this section except for this subsection.
(c) A change in the rate of accrual of annual leave by an employee under this section takes effect at the beginning of the pay period after the pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, in which the employee completed the prescribed period of service.
(d) Leave granted under this subchapter is exclusive of time actually and necessarily occupied in going to or from a post of duty and time necessarily occupied awaiting transportation, in the case of an employee—
(1) to whom
(2) whose post of duty is outside the United States; and
(3) who returns on leave to the United States, or to his place of residence, which is outside the area of employment, in its territories or possessions including the Commonwealth of Puerto Rico.
This subsection does not apply to more than one period of leave in a prescribed tour of duty at a post outside the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 30, 1951, ch. 631, §203(a), (b), (e), (i), |
||
Sept. 6, 1960, |
||
Aug. 19, 1964, |
||
Aug. 19, 1964, |
In subsection (a), the words "Except as otherwise provided in this subsection" are omitted as unnecessary in view of the specific inclusion of the exception in the third sentence. The words "for the purposes of this subsection" are omitted as surplusage. The reference to "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1992—Subsec. (a).
1991—Subsec. (a)(A)(ii).
1986—Subsec. (a).
1973—Subsec. (b).
Effective Date of 1992 Amendment
Section 9 of
"(a)
"(b)
"(2) The amendments made by section 5(d) [amending
"(3) The amendments made by sections 2(13) and 2(17) [amending
"(4) The amendments made by sections 2(11), 2(19), 2(29), and 2(38) [amending
"(5) The amendments made by section 2(25) [amending
"(6) The provisions of section 8(a) and the amendments made by sections 2(57)(A), 2(60), 2(64), 2(67), 2(71), 2(75)(A), 3(1), 3(4), 3(6), and 5(a) [amending
"(7) The amendment made by section 2(52) [amending this section] shall be effective as of January 1, 1989, except that no amount shall become payable, as a result of the enactment of such amendment, under—
"(A) subchapter VI of
"(B)
"(8) The amendment made by section 2(69) [amending
"(9) The amendments made by sections 2(40), 2(41), 2(42), 2(43), and 3(5) [amending
"(10) The amendments made by section 2(28) [amending
"(11) The amendment made by section 2(49) [amending
"(12) The amendment made by section 5(e) [amending
Effective Date of 1986 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§6304. Annual leave; accumulation
(a) Except as provided by subsections (b), (d), (e), (f), and (g) of this section, annual leave provided by
(b) Annual leave not used by an employee of the Government of the United States in one of the following classes of employees stationed outside the United States accumulates for use in succeeding years until it totals not more than 45 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year:
(1) Individuals directly recruited or transferred by the Government of the United States from the United States or its territories or possessions including the Commonwealth of Puerto Rico for employment outside the area of recruitment or from which transferred.
(2) Individuals employed locally but—
(A)(i) who were originally recruited from the United States or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment;
(ii) who have been in substantially continuous employment by other agencies of the United States, United States firms, interests, or organizations, international organizations in which the United States participates, or foreign governments; and
(iii) whose conditions of employment provide for their return transportation to the United States or its territories or possessions including the Commonwealth of Puerto Rico; or
(B)(i) who were at the time of employment temporarily absent, for the purpose of travel or formal study, from the United States, or from their respective places of residence in its territories or possessions including the Commonwealth of Puerto Rico; and
(ii) who, during the temporary absence, have maintained residence in the United States or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment.
(3) Individuals who are not normally residents of the area concerned and who are discharged from service in the armed forces to accept employment with an agency of the Government of the United States.
(c) Annual leave in excess of the amount allowable—
(1) under subsection (a) or (b) of this section which was accumulated under earlier statute; or
(2) under subsection (a) of this section which was accumulated under subsection (b) of this section by an employee who becomes subject to subsection (a) of this section;
remains to the credit of the employee until used. The excess annual leave is reduced at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year, by the amount of annual leave the employee used during the preceding year in excess of the amount which accrued during that year, until the employee's accumulated leave does not exceed the amount allowed under subsection (a) or (b) of this section, as appropriate.
(d)(1) Annual leave which is lost by operation of this section because of—
(A) administrative error when the error causes a loss of annual leave otherwise accruable after June 30, 1960;
(B) exigencies of the public business when the annual leave was scheduled in advance; or
(C) sickness of the employee when the annual leave was scheduled in advance;
shall be restored to the employee.
(2) Annual leave restored under paragraph (1) of this subsection, or under clause (2) of
(3)(A) For the purpose of this subsection, the closure of, and any realignment with respect to, an installation of the Department of Defense pursuant to the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
(B) For the purpose of subparagraph (A), the term "realignment" means a base realignment (as defined in subsection (e)(3) of
(4)(A) For the purpose of this subsection, service of a Department of Defense emergency essential employee in a combat zone is an exigency of the public business for that employee. Any leave that, by reason of such service, is lost by the employee by operation of this section (regardless of whether such leave was scheduled) shall be restored to the employee and shall be credited and available in accordance with paragraph (2).
(B) As used in subparagraph (A)—
(i) the term "Department of Defense emergency essential employee" means an employee of the Department of Defense who is designated under
(ii) the term "combat zone" has the meaning given such term in section 112(c)(2) of the Internal Revenue Code of 1986.
(e) Annual leave otherwise accruable after June 30, 1960, which is lost by operation of this section because of administrative error and which is not credited under subsection (d)(2) of this section because the employee is separated before the error is discovered, is subject to credit and liquidation by lump-sum payment only if a claim therefor is filed within 3 years immediately following the date of discovery of the error. Payment shall be made by the agency of employment when the lump-sum payment provisions of
(f)(1) This subsection applies with respect to annual leave accrued by an individual while serving in a position in—
(A) the Senior Executive Service;
(B) the Senior Foreign Service;
(C) the Defense Intelligence Senior Executive Service;
(D) the Senior Cryptologic Executive Service; or
(E) the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.
(2) For purposes of applying any limitation on accumulation under this section with respect to any annual leave described in paragraph (1)—
(A) "30 days" in subsection (a) shall be deemed to read "90 days"; and
(B) "45 days" in subsection (b) shall be deemed to read "90 days".
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Oct. 30, 1951, ch. 631, §203(c), |
|
(b) | Oct. 30, 1951, ch. 631, §203(d), |
|
Sept. 6, 1960, |
||
(c) | Oct. 30, 1951, ch. 631, §208(a), |
|
July 2, 1953, ch. 178, §3(c), |
The words "Except as provided by subsection (b) of this section" are added to subsection (a), and the words "Notwithstanding the provisions of subsection (c)" in former section 2062(d) are omitted as unnecessary because of the exception added to subsection (a).
The words "full biweekly pay period" are substituted for "complete biweekly pay period" to conform to section 6303.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The Defense Base Closure and Realignment Act of 1990, referred to in subsec. (d)(3)(A), is part A of title XXIX of div. B of
Section 112(c)(2) of the Internal Revenue Code of 1986, referred to in subsec. (d)(4)(B)(ii), is classified to
Amendments
1999—Subsec. (d)(4).
1998—Subsec. (d)(3)(A).
1994—Subsec. (d)(3).
Subsec. (f).
"(1) the Senior Executive Service;
"(2) the Senior Foreign Service;
"(3) the Defense Intelligence Senior Executive Service;
"(4) the Senior Cryptologic Executive Service; or
"(5) the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service."
1992—Subsec. (d)(3).
Subsec. (e).
1988—Subsec. (f)(5).
1981—Subsec. (f).
Subsec. (g).
1980—Subsec. (a).
Subsec. (g).
1979—Subsec. (e).
1978—Subsec. (a).
Subsec. (d)(2).
Subsec. (f).
1973—Subsec. (a).
Subsecs. (d), (e).
Effective Date of 1994 Amendments
Section 201(a) of
Section 2816(b) of
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by section 410 of
Amendment by section 906(a)(2), (3) of
Use of Excess Leave
Section 201(b) of
Lump-Sum Payment for Accrued Annual Leave to Former Employees
Section 5 of
Section 6 of
Section Referred to in Other Sections
This section is referred to in
§6305. Home leave; leave for Chiefs of Missions; leave for crews of vessels
(a) After 24 months of continuous service outside the United States (or after a shorter period of such service if the employee's assignment is terminated for the convenience of the Government), an employee may be granted leave of absence, under regulations of the President, at a rate not to exceed 1 week for each 4 months of that service without regard to other leave provided by this subchapter. Leave so granted—
(1) is for use in the United States, or if the employee's place of residence is outside the area of employment, in its territories or possessions including the Commonwealth of Puerto Rico;
(2) accumulates for future use without regard to the limitation in
(3) may not be made the basis for terminal leave or for a lump-sum payment.
(b) The President may authorize leave of absence to a chief of mission excepted from this subchapter by
(c) An officer, crewmember, or other employee serving aboard an oceangoing vessel on an extended voyage may be granted leave of absence, under regulations of the Office of Personnel Management, at a rate not to exceed 2 days for each 30 calendar days of that service without regard to other leave provided by this subchapter. Leave so granted—
(1) accumulates for future use without regard to the limitation in
(2) may not be made the basis for a lump-sum payment; and
(3) may not be made the basis for terminal leave except under such special or emergency circumstances as may be prescribed under the regulations of the Office.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Oct. 30, 1951, ch. 631, §203(f), |
|
Sept. 6, 1960, |
||
(b) | July 2, 1953, ch. 178, §1 "(c)(2)", |
The words "in his discretion" are omitted as unnecessary in view of the permissive grant of authority.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1980—Subsec. (a).
Subsec. (b).
1979—Subsec. (c)(3).
1978—Subsec. (c).
1968—Subsec. (c).
1966—
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Delegation of Functions
Functions of President under subsec. (a) of this section delegated to Office of Personnel Management, see section 1(2) of Ex. Ord. No. 11228, June 14, 1965, 30 F.R. 7739, set out as a note under
Ex. Ord. No. 10471. Authorization To Grant Leaves of Absence
Ex. Ord. No. 10471, July 17, 1953, 18 F.R. 4231, as amended by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967, provided:
1. The heads of the several departments and agencies of the Government are hereby authorized and empowered, without the approval, ratification, or other action of the President, to exercise, with respect to personnel in their respective department or agency, the authority conferred upon the President by
2. This order shall be effective as of July 5, 1953.
Section Referred to in Other Sections
This section is referred to in
§6306. Annual leave; refund of lump-sum payment; recredit of annual leave
(a) When an individual who received a lump-sum payment for leave under
(b) An amount refunded under subsection (a) of this section shall be deposited in the Treasury of the United States to the credit of the employing agency. When an individual is reemployed under the same leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him in the employing agency. When an individual is reemployed under a different leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him in the employing agency on an adjusted basis under regulations prescribed by the Office of Personnel Management. When an individual is reemployed in a position excepted from this subchapter by section 6301(2)(x)–(xiii) of this title, an amount of leave equal to the leave represented by the refund is deemed, on separation from the service, death, or transfer to another position in the service, to have remained to his credit.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Dec. 21, 1944, ch. 632, §1 (1st proviso and so much of last sentence as precedes 2d proviso), |
||
July 2, 1953, ch. 178, §4(a) (2d–4th sentences), |
||
Aug. 18, 1959, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Subsec. (b).
Effective Date of 1978 Amendments
Amendment by
Amendment by
Section Referred to in Other Sections
This section is referred to in
§6307. Sick leave; accrual and accumulation
(a) An employee is entitled to sick leave with pay which accrues on the basis of one-half day for each full biweekly pay period, except that sick leave with pay accrues to a member of the Firefighting Division of the Fire Department of the District of Columbia on the basis of two-fifths of a day for each full biweekly pay period.
(b) Sick leave provided by this section, which is not used by an employee, accumulates for use in succeeding years.
(c) Sick leave provided by this section may be used for purposes relating to the adoption of a child.
(d) When required by the exigencies of the situation, a maximum of 30 days sick leave with pay may be advanced for serious disability or ailment, or for purposes relating to the adoption of a child, except that a maximum of 24 days sick leave with pay may be advanced to a member of the Firefighting Division of the Fire Department of the District of Columbia.
(d)(1) 1 For the purpose of this subsection, the term "family member" shall have such meaning as the Office of Personnel Management shall by regulation prescribe, except that such term shall include any individual who meets the definition given that term, for purposes of the leave transfer program under subchapter III, under regulations prescribed by the Office (as in effect on January 1, 1993).
(2) Subject to paragraph (3) and in addition to any other allowable purpose, sick leave may be used by an employee—
(A) to give care or otherwise attend to a family member having an illness, injury, or other condition which, if an employee had such condition, would justify the use of sick leave by such an employee; or
(B) for purposes relating to the death of a family member, including to make arrangements for or attend the funeral of such family member.
(3)(A) Sick leave may be used by an employee for the purposes provided under paragraph (2) only to the extent the amount used for such purposes does not exceed—
(i) 40 hours in any year, plus
(ii) up to an additional 64 hours in any year, but only to the extent the use of such additional hours does not cause the amount of sick leave to the employee's credit to fall below 80 hours.
(B) In the case of a part-time employee or an employee on an uncommon tour of duty, the Office of Personnel Management shall establish limitations that are proportional to those prescribed under subparagraph (A).
(4)(A) This subsection shall be effective during the 3-year period that begins upon the expiration of the 2-month period that begins on the date of the enactment of this subsection.
(B) Not later than 6 months before the date on which this subsection is scheduled to cease to be effective, the Office shall submit a report to Congress in which it shall evaluate the operation of this subsection and make recommendations as to whether or not this subsection should be continued beyond such date.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 30, 1951, ch. 631, §204, Aug. 21, 1964, |
The word "officer", referring to an officer of the Firefighting Division, is omitted as covered by the words "a member of the Firefighting Division".
In subsection (c), the words "with pay" are added for clarity.
Standard changes are made to conform with the definitions applicable and style of this title as outlined in the preface to the report.
References in Text
The date of the enactment of this subsection, referred to in subsec. (d)(4)(A), is the date of enactment of
Amendments
1994—Subsec. (c).
Subsec. (d).
Regulations
Section 629(b)(3) of
"(3)(A) The Office of Personnel Management shall prescribe regulations under which any employee who used or uses annual leave for an adoption-related purpose, after September 30, 1991, and before the date as of which sick leave first becomes available for such purpose as a result of the enactment of this subsection may, upon appropriate written application, elect to have such employee's leave accounts adjusted to reflect the amount of annual leave and sick leave, respectively, which would remain had sick leave been used instead of all or any portion of the annual leave actually used, as designated by the employee.
"(B) An application under this paragraph may not be approved unless it is submitted—
"(i) within 1 year after the date of the enactment of this Act [September 30, 1994] or such later date as the Office may prescribe;
"(ii) in such form and manner as the Office shall require; and
"(iii) by an individual who is an employee as of the time of application.
"(C) For the purpose of this paragraph, the term 'employee' has the meaning given such term by
Adoptions During Fiscal Year 1991
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "(e)(1)".
§6308. Transfers between positions under different leave systems
(a) The annual and sick leave to the credit of an employee who transfers between positions under different leave systems without a break in service shall be transferred to his credit in the employing agency on an adjusted basis under regulations prescribed by the Office of Personnel Management, unless the individual is excepted from this subchapter by
(b) The annual leave, sick leave, and home leave to the credit of a nonappropriated fund employee of the Department of Defense or the Coast Guard described in section 2105(c) who moves without a break in service of more than 3 days to a position in the Department of Defense or the Coast Guard, respectively, that is subject to this subchapter shall be transferred to the employee's credit. The annual leave, sick leave, and home leave to the credit of an employee of the Department of Defense or the Coast Guard who is subject to this subchapter and who moves without a break in service of more than 3 days to a position under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c), shall be transferred to the employee's credit under the nonappropriated fund instrumentality. The Secretary of Defense or the Secretary of Transportation, as appropriate, may provide for a transfer of funds in an amount equal to the value of the transferred annual leave to compensate the gaining entity for the cost of a transfer of annual leave under this subsection.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 2, 1953, ch. 178, §4(b), |
||
Aug. 18, 1959, |
||
Aug. 21, 1964, |
In the last sentence, the word "officer" is omitted as covered by the word "member", and the words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1990—
1978—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Election of Leave or Lump-Sum Payment for Certain Employees
Section Referred to in Other Sections
This section is referred to in
[§6309. Repealed. Pub. L. 94–183, §2(26), Dec. 31, 1975, 89 Stat. 1058 ]
Section,
§6310. Leave of absence; aliens
The head of the agency concerned may grant leave of absence with pay, not in excess of the amount of annual and sick leave allowable to citizen employees under this subchapter, to alien employees who occupy positions outside the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 30, 1951, ch. 631, §203 (g), Sept. 6, 1960, |
The words "head of the agency concerned" are substituted for "head of the department or agency concerned".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§6311. Regulations
The Office of Personnel Management may prescribe regulations necessary for the administration of this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 30, 1951, ch. 631, §206, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
§6312. Accrual and accumulation for former ASCS county office and nonappropriated fund employees
(a) Credit shall be given in determining years of service for the purpose of section 6303(a) for—
(1) service as an employee of a county committee established pursuant to section 8(b) of the Soil Conservation and Allotment Act or of a committee or an association of producers described in section 10(b) of the Agricultural Adjustment Act; and
(2) service under a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c) by an employee who has moved without a break in service of more than 3 days to a position subject to this subchapter in the Department of Defense or the Coast Guard, respectively.
(b) The provisions of subsections (a) and (b) of section 6308 for transfer of leave between leave systems shall apply to the leave systems established for such county office employees and employees of such Department of Defense and Coast Guard nonappropriated fund instrumentalities, respectively.
(Added
References in Text
Section 8(b) of the Soil Conservation and Allotment Act, referred to in subsec. (a)(1), probably means section 8(b) of the Soil Conservation and Domestic Allotment Act, which is classified to
Section 10(b) of the Agricultural Adjustment Act, referred to in subsec. (a)(1), is classified to
Amendments
1990—
1986—
1968—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
SUBCHAPTER II—OTHER PAID LEAVE
§6321. Absence of veterans to attend funeral services
An employee in or under an Executive agency who is a veteran of a war, or of a campaign or expedition for which a campaign badge has been authorized, or a member of an honor or ceremonial group of an organization of those veterans, may be excused from duty without loss of pay or deduction from annual leave for the time necessary, not to exceed 4 hours in any one day, to enable him to participate as an active pallbearer or as a member of a firing squad or a guard of honor in a funeral ceremony for a member of the armed forces whose remains are returned from abroad for final interment in the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 16, 1949, ch. 441, |
The words "Executive agency" are coextensive with and substituted for "executive branch of the Government" in view of the definition of "Executive agency" in section 105. Applicability to the General Accounting Office is based on former section 933a.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§6322. Leave for jury or witness service; official duty status for certain witness service
(a) An employee as defined by
(1) as a juror; or
(2) other than as provided in subsection (b) of this section, as a witness on behalf of any party in connection with any judicial proceeding to which the United States, the District of Columbia, or a State or local government is a party;
in the District of Columbia, a State, territory, or possession of the United States including the Commonwealth of Puerto Rico or the Trust Territory of the Pacific Islands. For the purpose of this subsection, "judicial proceeding" means any action, suit, or other judicial proceeding, including any condemnation, preliminary, informational, or other proceeding of a judicial nature, but does not include an administrative proceeding.
(b) An employee as defined by
(1) testify or produce official records on behalf of the United States or the District of Columbia; or
(2) testify in his official capacity or produce official records on behalf of a party other than the United States or the District of Columbia.
(c) The Office of Personnel Management may prescribe regulations for the administration of this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 29, 1940, ch. 446, §1, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (a).
Subsec. (b).
1979—Subsec. (a).
1978—Subsec. (c).
1976—Subsec. (a)(2).
1970—
Subsec. (a).
Subsecs. (b), (c).
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Cross References
Jury and witness service by employees of the Senate and the House, see
Section Referred to in Other Sections
This section is referred to in
§6323. Military leave; Reserves and National Guardsmen
(a)(1) Subject to paragraph (2) of this subsection, an employee as defined by
(2) In the case of an employee or individual employed on a part-time career employment basis (as defined in
(b) Except as provided by
(1) is a member of a Reserve component of the Armed Forces, as described in
(2) performs, for the purpose of providing military aid to enforce the law or for the purpose of providing assistance to civil authorities in the protection or saving of life or property or the prevention of injury—
(A) Federal service under
(B) full-time military service for his State, the District of Columbia, the Commonwealth of Puerto Rico, or a territory of the United States;
is entitled, during and because of such service, to leave without loss of, or reduction in, pay, leave to which he otherwise is entitled, credit for time or service, or performance or efficiency rating. Leave granted by this subsection shall not exceed 22 work-days in a calendar year. Upon the request of an employee, the period for which an employee is absent to perform service described in paragraph (2) may be charged to the employee's accrued annual leave or to compensatory time available to the employee instead of being charged as leave to which the employee is entitled under this subsection. The period of absence may not be charged to sick leave.
(c) An employee as defined by
(d)(1) A military reserve technician described in section 8401(30) 1 is entitled at such person's request to leave without loss of, or reduction in, pay, leave to which such person is otherwise entitled, credit for time or service, or performance or efficiency rating for each day, not to exceed 44 workdays in a calendar year, in which such person is on active duty without pay, as authorized pursuant to
(2) An employee who requests annual leave or compensatory time to which the employee is otherwise entitled, for a period during which the employee would have been entitled upon request to leave under this subsection, may be granted such annual leave or compensatory time without regard to this section or section 5519.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 10, 1956, ch. 1041, §29 (a), Sept. 2, 1958, |
||
June 30, 1960, |
||
Oct. 4, 1961, |
In subsection (a), the words "without regard to classification or terminology peculiar to the Civil Service system" are omitted as unnecessary. The word "performance" is added on authority of the Performance Rating Act of 1950, which is carried into
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1999—Subsec. (a)(1).
Subsec. (d)(1).
1996—Subsec. (b).
Subsec. (d).
1994—Subsec. (b)(1).
Subsec. (b)(2)(A).
1991—Subsec. (b)(2).
1980—Subsec. (a).
1979—Subsec. (b)(2)(B).
Subsec. (b).
Subsec. (c).
1970—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1968—Subsecs. (a), (b).
Subsec. (c).
Subsec. (c).
Subsec. (d).
Effective Date of 1999 Amendment
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1980 Amendment
Section 2 of
Effective Date of 1979 Amendments
Amendment by
Amendment by
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Definition of Officers and Employees
Section 4 of act July 1, 1947, ch. 192,
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§6324. Absence of certain police and firemen
(a) Sick leave may not be charged to the account of a member of the Metropolitan Police force or the Fire Department of the District of Columbia, the United States Park Police force, or the Executive Protective Service force for an absence due to injury or illness resulting from the performance of duty.
(b) The determination of whether an injury or illness resulted from the performance of duty shall be made under regulations prescribed by—
(1) the District of Columbia Council for members of the Metropolitan Police force and the Fire Department of the District of Columbia;
(2) the Secretary of the Interior for the United States Park Police force; and
(3) The Secretary of the Treasury for the Executive Protective Service force.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 21, 1964, |
The word "officer" is omitted as covered by "member".
In subsection (b), the words "injury or illness" are substituted for "injury or disease" to conform to subsection (a).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1975—Subsecs. (a), (b)(3).
1968—Subsec. (b)(1).
Change of Name
Reference to Executive Protective Service held to refer to United States Secret Service Uniformed Division pursuant to
Effective Date of 1968 Amendment
Amendment by
Transfer of Functions
District of Columbia Council, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by
§6325. Absence resulting from hostile action abroad
Leave may not be charged to the account of an employee for absence, not to exceed one year, due to an injury—
(1) incurred while serving abroad and resulting from war, insurgency, mob violence, or similar hostile action; and
(2) not due to vicious habits, intemperance, or willful misconduct on the part of the employee.
The preceding provisions of this section shall apply in the case of an alien employee referred to in
(Added
References in Text
Section 408 of the Foreign Service Act of 1980, referred to in text, is classified to
Amendments
1986—
1979—
Effective Date of 1979 Amendment
Amendment by
Effective Date
Section 3(c) of
§6326. Absence in connection with funerals of immediate relatives in the Armed Forces
(a) An employee of an executive agency or an individual employed by the government of the District of Columbia is entitled to not more than three days of leave without loss of, or reduction in, pay, leave to which he is otherwise entitled, credit for time or service, or performance or efficiency rating, to make arrangements for, or attend the funeral of, or memorial service for, an immediate relative who died as a result of wounds, disease, or injury incurred while serving as a member of the Armed Forces in a combat zone (as determined by the President in accordance with section 112 of the Internal Revenue Code).
(b) The Office of Personnel Management is authorized to issue regulations for the administration of this section.
(c) This section shall not be considered as affecting the authority of an Executive agency, except to the extent and under the conditions covered under this section, to grant administrative leave excusing an employee from work when it is in the public interest.
(Added
References in Text
Section 112 of the Internal Revenue Code, referred to in subsec. (a), is classified to
Amendments
1978—Subsec. (b).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§6327. Absence in connection with serving as a bone-marrow or organ donor
(a) An employee in or under an Executive agency is entitled to leave without loss of or reduction in pay, leave to which otherwise entitled, credit for time or service, or performance or efficiency rating, for the time necessary to permit such employee to serve as a bone-marrow or organ donor.
(b) An employee may, in any calendar year, use—
(1) not to exceed 7 days of leave under this section to serve as a bone-marrow donor; and
(2) not to exceed 30 days of leave under this section to serve as an organ donor.
(c) The Office of Personnel Management may prescribe regulations for the administration of this section.
(Added
Codification
Another section 6327 was renumbered
Amendments
1999—Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
§6328. Absence in connection with funerals of fellow Federal law enforcement officers
A Federal law enforcement officer or a Federal firefighter may be excused from duty without loss of, or reduction in, pay or leave to which such officer is otherwise entitled, or credit for time or service, or performance or efficiency rating, to attend the funeral of a fellow Federal law enforcement officer or Federal firefighter, who was killed in the line of duty. When so excused from duty, attendance at such service shall for the purposes of
(Added
Codification
Section 642 of
Amendments
1999—
SUBCHAPTER III—VOLUNTARY TRANSFERS OF LEAVE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§6331. Definitions
For the purpose of this subchapter—
(1) the term "employee" means an employee as defined by section 6301(2), excluding an individual employed by the government of the District of Columbia;
(2) the term "leave recipient" means an employee whose application to receive donations of leave under this subchapter is approved;
(3) the term "leave donor" means an employee whose application to make 1 or more donations of leave under this subchapter is approved; and
(4) the term "medical emergency" means a medical condition of an employee or a family member of such employee that is likely to require the prolonged absence of such employee from duty and to result in a substantial loss of income to such employee because of the unavailability of paid leave (disregarding any advanced leave).
(Added
Amendments
1993—Par. (4).
Effective Date of 1993 Amendment
Section 6 of
Repeals
Section 2(d) of
[Section 2 of
Implementation of Leave Transfer and Leave Bank Programs
Section 2(c) of
"(1) No later than 3 months after the date of the enactment of this Act [Oct. 31, 1988], the Office of Personnel Management shall prescribe regulations to implement leave transfer programs pursuant to the amendments made by this Act [see Short Title of 1988 Amendment note set out under
"(2) No later than 6 months after the date of the enactment of this Act—
"(A) the head of each agency involved under
"(B) the Office of Personnel Management shall prescribe regulations to implement leave bank programs pursuant to the amendments made by this Act.
"(3) No later than 9 months after the date of the enactment of this Act, the head of each agency involved under
Report to Congress
Section 2(e) of
"(1)(A) Within 2 years after the date of the enactment of this Act [Oct. 31, 1988] and again no later than 6 months before the scheduled termination date of any program under subchapter III or subchapter IV of
"(B) The Office of Personnel Management may require agencies to maintain such records and to provide such information as the Office may need to carry out subparagraph (A).
"(2) The excepted agencies that establish programs under
Continuation of Temporary Leave Transfer Programs
Section 2(f) of
Section Referred to in Other Sections
This section is referred to in
§6332. General authority
Notwithstanding any provision of subchapter I, and subject to the provisions of this subchapter, the Office of Personnel Management shall establish a program under which annual leave accrued or accumulated by an employee may be transferred to the annual leave account of any other employee if such other employee requires additional leave because of a medical emergency.
(Added
Section Referred to in Other Sections
This section is referred to in
§6333. Receipt and use of transferred leave
(a)(1) An application to receive donations of leave under this subchapter, whether submitted by or on behalf of an employee—
(A) shall be submitted to the employing agency of the proposed leave recipient; and
(B) shall include—
(i) the name, position title, and grade or pay level of the proposed leave recipient;
(ii) the reasons why transferred leave is needed, including a brief description of the nature, severity, anticipated duration, and, if it is a recurring one, the approximate frequency of the medical emergency involved;
(iii) if the employing agency so requires, certification from 1 or more physicians, or other appropriate experts, with respect to any matter under clause (ii); and
(iv) any other information which the employing agency may reasonably require.
(2) If an agency requires that an employee obtain certification under paragraph (1)(B)(iii) from 2 or more sources, the agency shall ensure, either by direct payment to the expert involved or by reimbursement, that the employee is not required to pay for the expenses associated with obtaining certification from more than 1 of such sources.
(3) An employing agency shall approve or disapprove an application of a proposed leave recipient for leave under this subchapter, and, to the extent practicable, shall notify the proposed leave recipient (or other person acting on behalf of the proposed recipient, if appropriate) of the decision of the agency, in writing, within 10 days (excluding Saturdays, Sundays, and legal public holidays) after receiving such application.
(b) A leave recipient may use annual leave received under this subchapter in the same manner and for the same purposes as if such leave recipient had accrued that leave under section 6303, except that any annual leave, and any sick leave, accrued or accumulated by the leave recipient and available for the purpose involved must be exhausted before any transferred annual leave may be used.
(c) Transferred annual leave—
(1) may accumulate without regard to any limitation under section 6304; and
(2) may be substituted retroactively for any period of leave without pay, or used to liquidate an indebtedness for any period of advanced leave, which began on or after a date fixed by the employing agency of the employee as the beginning of the medical emergency involved.
(Added
§6334. Donations of leave
(a) An employee may, by written application to the employing agency of such employee, request that a specified number of hours be transferred from the annual leave account of such employee to the annual leave account of a leave recipient in accordance with section 6332.
(b)(1) In any one leave year, a leave donor may donate no more than a total of one-half of the amount of annual leave such donor would be entitled to accrue during the leave year in which the donation is made.
(2) A leave donor who is projected to have annual leave that otherwise would be subject to forfeiture at the end of the leave year under section 6304(a) may donate no more than the number of hours remaining in the leave year (as of the date of the transfer) for which the leave donor is scheduled to work and receive pay.
(3) The employing agency of a leave donor may waive the limitation under paragraphs (1) and (2). Any such waiver shall be made in writing.
(c) The Office of Personnel Management shall prescribe regulations to include procedures to carry out this subchapter when the leave donor and the leave recipient are employed by different agencies.
(Added
Section Referred to in Other Sections
This section is referred to in
§6335. Termination of medical emergency
(a) The medical emergency affecting a leave recipient shall, for purposes of this subchapter, be considered to have terminated on the date as of which—
(1) the leave recipient notifies the employing agency of such leave recipient, in writing, that the medical emergency no longer exists;
(2) the employing agency of such leave recipient determines, after written notice and opportunity for the leave recipient (or, if appropriate, another person acting on behalf of the leave recipient) to answer orally or in writing, that the medical emergency no longer exists; or
(3) the leave recipient is separated from service.
(b)(1) The employing agency of a leave recipient shall, consistent with guidelines prescribed by the Office of Personnel Management, establish procedures to ensure that a leave recipient is not permitted to use or receive any transferred leave under this subchapter after the medical emergency terminates.
(2) Nothing in section 5551, 5552, or 6306 shall apply with respect to any annual leave transferred to a leave recipient under this subchapter.
(Added
Section Referred to in Other Sections
This section is referred to in
§6336. Restoration of transferred leave
(a)(1) The Office of Personnel Management shall establish procedures under which, except as provided in paragraph (2), any transferred leave remaining to the credit of a leave recipient when the medical emergency affecting the leave recipient terminates shall be restored on a prorated basis by transfer to the appropriate accounts of the respective leave donors.
(2) Nothing in paragraph (1) shall require the restoration of leave to a leave donor—
(A) if the amount of leave which would be restored to such donor would be less than 1 hour or any other shorter period of time which the Office may by regulation prescribe;
(B) if such donor retires, dies, or is otherwise separated from service, before the date on which such restoration would otherwise be made; or
(C) if such restoration is not administratively feasible, as determined under regulations prescribed by the Office.
(b) At the election of the leave donor, transferred annual leave restored to such leave donor under subsection (a) may be restored by—
(1) crediting such leave to the leave donor's annual leave account in the then current leave year;
(2) crediting such leave to the leave donor's annual leave account, effective as of the first day of the first leave year beginning after the date of the election; or
(3) donating such leave in whole or part to another leave recipient; if a leave donor elects to donate only part of restored leave to another recipient, the donor may elect to have the remaining leave credited to the donor's annual leave account in accordance with paragraph (1) or (2).
(c) The Office shall prescribe regulations under which this section shall be applied in the case of an employee who is paid other than on the basis of biweekly pay periods.
(d) Restorations of leave under this section shall be carried out in a manner consistent with regulations prescribed to carry out section 6334(c), if applicable.
(Added
§6337. Accrual of leave
(a) For the purpose of this section—
(1) the term "paid leave status under subchapter I", as used with respect to an employee, means the administrative status of such employee while such employee is using sick leave, or annual leave, accrued or accumulated under subchapter I; and
(2) the term "transferred leave status", as used with respect to an employee, means the administrative status of such employee while such employee is using transferred leave under this subchapter.
(b)(1) Except as otherwise provided in this section, while an employee is in a transferred leave status, annual leave and sick leave shall accrue to the credit of such employee at the same rate as if such employee were then in a paid leave status under subchapter I, except that—
(A) the maximum amount of annual leave which may be accrued by an employee while in transferred leave status in connection with any particular medical emergency may not exceed 5 days; and
(B) the maximum amount of sick leave which may be accrued by an employee while in transferred leave status in connection with any particular medical emergency may not exceed 5 days.
(2) Any annual or sick leave accrued by an employee under this section—
(A) shall be credited to an annual leave or sick leave account, as appropriate, separate from any leave account of such employee under subchapter I; and
(B) shall not become available for use by such employee, and may not otherwise be taken into account under subchapter I, until, in accordance with subsection (c), it is transferred to the appropriate leave account of such employee under subchapter I.
(c)(1) Any annual or sick leave accrued by an employee under this section shall be transferred to the appropriate leave account of such employee under subchapter I, and shall be available for use—
(A) as of the beginning of the first applicable pay period beginning after the date on which the employee's medical emergency terminates as described in paragraph (1) or (2) of section 6335(a); or
(B) if the employee's medical emergency has not yet terminated, once the employee has exhausted all transferred leave made available to such employee under this subchapter.
(2) In the event that the employee's medical emergency terminates as described in section 6335(a)(3)—
(A) any leave accrued but not yet transferred under this section shall not be credited to such employee; or
(B) if there remains, as of the date the emergency so terminates, any leave which became available to such employee under paragraph (1)(B), such leave shall cease to be available for any purpose.
(d) Nothing in this section shall be considered to prevent, with respect to a continuing medical emergency, further transfers of leave for use after leave accrued under this section has been exhausted by the employee.
(Added
Amendments
1993—Subsecs. (c), (d).
"(1) Any annual or sick leave accrued by an employee under this section shall be transferred to the appropriate leave account of such employee under subchapter I, effective as of the beginning of the first applicable pay period beginning after the date on which the employee's medical emergency terminates as described in paragraph (1) or (2) of section 6335(a).
"(2) If the employee's medical emergency terminates as described in section 6335(a)(3), no leave shall be credited to such employee under this section."
Effective Date of 1993 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§6338. Prohibition of coercion
(a) An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with any right which such employee may have with respect to contributing, receiving, or using annual leave under this subchapter.
(b) For the purpose of subsection (a), the term "intimidate, threaten, or coerce" includes promising to confer or conferring any benefit (such as an appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).
(Added
§6339. Additional leave transfer programs
(a) For the purpose of this section—
(1) the term "excepted agency" means—
(A) the Central Intelligence Agency;
(B) the Defense Intelligence Agency;
(C) the National Security Agency;
(D) the Federal Bureau of Investigation;
(E) the National Imagery and Mapping Agency; and
(F) as determined by the President, any Executive agency or unit thereof, the principal function of which is the conduct of foreign intelligence or counterintelligence activities; and
(2) the term "head of an excepted agency" means—
(A) with respect to the Central Intelligence Agency, the Director of Central Intelligence;
(B) with respect to the Defense Intelligence Agency, the Director of the Defense Intelligence Agency;
(C) with respect to the National Security Agency, the Director of the National Security Agency;
(D) with respect to the Federal Bureau of Investigation, the Director of the Federal Bureau of Investigation;
(E) with respect to the National Imagery and Mapping Agency, the Director of the National Imagery and Mapping Agency; and
(F) with respect to an Executive agency designated under paragraph (1)(F), the head of such Executive agency, and with respect to a unit of an Executive agency designated under paragraph (1)(F), such individual as the President may determine.
(b) Notwithstanding any other provision of this subchapter, neither an excepted agency nor any individual employed in or under an excepted agency may be included in a leave transfer program established under any of the preceding provisions of this subchapter.
(c)(1) The head of an excepted agency shall, by regulation, establish a program under which annual leave accrued or accumulated by an employee of such agency may be transferred to the annual leave account of any other employee of such agency if such other employee requires additional leave because of a medical emergency.
(2) To the extent practicable, and consistent with the protection of intelligence sources and methods (if applicable), each program under this section shall be established—
(A) in a manner consistent with the provisions of this subchapter applicable to the program; and
(B) without regard to any provisions relating to transfers or restorations of leave between employees in different agencies.
(d) The Office of Personnel Management shall provide the head of an excepted agency with such advice and assistance as the head of such agency may request in order to carry out the purposes of this section.
(Added
Amendments
1996—Subsec. (a)(1)(E).
Subsec. (a)(2)(E).
1994—Subsec. (a)(1)(E), (F).
Subsec. (a)(2)(E), (F).
Effective Date of 1996 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§6340. Inapplicability of certain provisions
Except to the extent that the Office of Personnel Management may prescribe regulations, nothing in section 7351 shall apply with respect to a solicitation, donation, or acceptance of leave under this subchapter.
(Added
SUBCHAPTER IV—VOLUNTARY LEAVE BANK PROGRAM
Subchapter Referred to in Other Sections
This subchapter is referred to in
§6361. Definitions
For the purpose of this subchapter the term—
(1) "employee" means an employee as defined by section 6301(2), but shall exclude any individual employed by the government of the District of Columbia;
(2) "executive agency" means any executive agency or any administrative unit thereof;
(3) "leave bank" means a leave bank established under section 6363;
(4) "leave contributor" means an employee who contributes leave to an agency leave bank under section 6365;
(5) "leave recipient" means an employee whose application under section 6367 to receive contributions of leave from a leave bank is approved; and
(6) "medical emergency" means a medical condition of an employee or a family member of such employee that is likely to require the prolonged absence of such employee from duty and to result in a substantial loss of income to such employee because of the unavailability of paid leave (disregarding any advanced leave).
(Added
Amendments
1993—Par. (6).
Effective Date of 1993 Amendment
Amendment by
Leave Bank for Judicial Branch Employees of Federal Government in Reserves Who Were Activated During Persian Gulf War
"(a)
"(1) an employee of the Judicial Branch may (during a period specified by the Director of the Administrative Office) donate any unused annual leave from the employee's annual leave account to a leave bank established by the Director;
"(2) the total amount of annual leave that has been donated under paragraph (1) shall be divided equally among the annual leave accounts of all employees who have been members of the Armed Forces serving on active duty during the Persian Gulf conflict pursuant to an order issued under section 672(a) [now 12301(a)], 672(g) [now 12301(g)], 673 [now 12302], 673b [now 12304], 674 [now 12306], 675 [now 12307], or 688 of
"(3) such Persian Gulf conflict participants who have returned to Judicial Branch employment may use such annual leave, after it is credited to their leave accounts, in the same manner as any other annual leave to their credit.
"(b)
"(c)
Leave Bank for Federal Civilian Employees in Reserves Who Were Activated During Persian Gulf War
"(a)
"(1) an employee in any executive agency may (during a period specified by the Office of Personnel Management) donate any unused annual leave from the employee's annual leave account to a leave bank established by the Office of Personnel Management;
"(2) the total annual leave that has been donated under paragraph (1) shall be divided equally among the annual leave accounts of all employees who have been members of the Armed Forces serving on active duty during the Persian Gulf conflict pursuant to an order issued under section 672(a) [now 12301(a)], 672(g) [now 12301(g)], 673 [now 12302], 673b [now 12304], 674 [now 12306], 675 [now 12307], or 688 of
"(3) such Persian Gulf concflict [sic] participants who have returned to civilian employment may use such annual leave, after it is credited to their leave accounts, in the same manner as any other annual leave to their credit.
"(b)
"(c)
"(d)
§6362. General authority
Notwithstanding any provision of subchapter I, and subject to the provisions of this subchapter, the Office of Personnel Management shall establish a program under which—
(1) annual leave accrued or accumulated by an employee may be contributed to a leave bank established by the employing agency of such employee; and
(2) leave from such a leave bank may be made available to an employee who requires such leave because of a medical emergency.
(Added
Amendments
1993—
"(1) one such agency shall include approximately, but not less than, the equivalent of 100,000 full-time positions;
"(2) one such agency shall include approximately, but not less than, the equivalent of 25,000 full-time positions; and
"(3) one such agency shall include approximately, but not less than, the equivalent of 1,000 full-time positions."
Effective Date of 1993 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§6363. Establishment of leave banks
Each agency that establishes a leave bank program under section 6362 shall establish 1 or more leave banks in accordance with regulations prescribed by the Office of Personnel Management.
(Added
Section Referred to in Other Sections
This section is referred to in
§6364. Establishment of Leave Bank Boards
(a)(1) Each agency that establishes a leave bank shall establish a Leave Bank Board consisting of 3 members, at least one of whom shall represent a labor organization or employee group, to administer the leave bank under the provisions of this subchapter, in consultation with the Office of Personnel Management.
(2) An agency may establish more than 1 Leave Bank Board based upon the administrative units within the agency. No more than 1 board may be established for each leave bank.
(b) Each such Board shall—
(1) review and approve applications to the leave bank under section 6367;
(2) monitor each case of a leave recipient; and
(3) monitor the amount of leave in the leave bank and the number of applications for use of leave from the bank; and
(4) maintain an adequate amount of leave in the leave bank to the greatest extent practicable.
(Added
§6365. Contributions of annual leave
(a)(1) An employee may, by written application to the Leave Bank Board, request that a specified number of hours be transferred from the annual leave account of such employee to the leave bank established by such agency.
(2) An employee may state a concern and desire to aid a specified proposed leave recipient or a leave recipient in the application filed under paragraph (1).
(b)(1) Upon approving an application under subsection (a), the employing agency of the leave contributor may transfer all or any part of the number of hours requested for transfer, except that the number of hours so transferred may not exceed the limitations under paragraph (2).
(2)(A) In any one leave year, a leave contributor may contribute no more than a total of one-half of the amount of annual leave such contributor would be entitled to accrue during the leave year in which the contribution is made.
(B) A leave contributor who is projected to have annual leave that otherwise would be subject to forfeiture at the end of the leave year under section 6304(a) may contribute no more than the number of hours remaining in the leave year (as of the date of the contribution) for which the leave contributor is scheduled to work and receive pay.
(c) The Leave Bank Board of a leave contributor may waive the limitations under subsection (b)(2). Any such waiver shall be in writing.
(d) The Office of Personnel Management shall prescribe regulations establishing an open enrollment period during which an employee may contribute leave under subsection (a) for a leave year.
(Added
Section Referred to in Other Sections
This section is referred to in
§6366. Eligibility for leave recipients
(a) An employee is eligible to be a leave recipient if such employee—
(1) experiences a medical emergency and submits an application pursuant to section 6367(a); and
(2)(A) contributes the minimum number of hours as required under subsection (b) of accrued or accumulated annual leave to the leave bank of the employing agency of such employee, in the leave year (beginning in and including any part of a leave year in which such leave bank is established) that such employee submits an application to be a leave recipient under section 6367(a); and
(B) such contribution is made before such employee submits an application under section 6367(a).
(b)(1) An employee shall contribute the minimum number of hours required under subsection (a)(2)(A), if such employee is an employee—
(A) for less than 3 years of service and contributes a minimum of 4 hours;
(B) for between 3 years and less than 15 years of service and contributes a minimum of 6 hours; or
(C) for 15 years or more of service and contributes a minimum of 8 hours.
(2) Notwithstanding the provisions of paragraph (1), the Leave Bank Board of an agency, after consultation with the Office of Personnel Management, may—
(A) reduce the minimum number of hours required under paragraph (1) for any leave year, if such Board determines there is a surplus of leave in the leave bank; and
(B) increase the number of minimum hours required under paragraph (1) for the succeeding leave year, in any leave year in which the Board determines there is a shortage of leave in the leave bank.
(c) An employee shall meet the requirements of subsection (a)(2)(A) if such employee contributes the minimum number of hours as required under subsection (b) of accrued or accumulated annual leave to the leave bank with which such employee submits an application to be a leave recipient under section 6367(a).
(d) The provisions of subsection (a) may not be construed to limit the amount of the voluntary contribution of annual leave to a leave bank, which does not exceed the limitations of section 6365(b).
(Added
Section Referred to in Other Sections
This section is referred to in
§6367. Receipt and use of leave from a leave bank
(a) An application to receive contributions of leave from a leave bank, whether submitted by or on behalf of an employee—
(1) shall be submitted to the Leave Bank Board of the employing agency of the proposed leave recipient; and
(2) shall include—
(A) the name, position title, and grade or pay level of the proposed leave recipient;
(B) the reasons why leave is needed, including a brief description of the nature, severity, anticipated duration, and, if it is a recurring one, the approximate frequency of the medical emergency involved;
(C) if such Board so requires, certification from 1 or more physicians, or other appropriate experts, with respect to any matter under subparagraph (B); and
(D) any other information which such Board may reasonably require.
If a Board requires that an employee obtain certification under paragraph (2)(C) from 2 or more sources, the agency shall ensure, either by direct payment to the expert involved or by reimbursement, that the employee is not required to pay for the expenses associated with obtaining certification from more than 1 of such sources.
(b) The Leave Bank Board of an employing agency may approve an application submitted under subsection (a).
(c) A leave recipient may use annual leave received from the leave bank established by the employing agency of such employee under this subchapter in the same manner and for the same purposes as if such leave recipient had accrued such leave under section 6303, except that any annual leave and, if applicable, any sick leave accrued or accumulated to the leave recipient shall be used before any leave from the leave bank may be used.
(d) Transferred annual leave—
(1) may accumulate without regard to any limitation under section 6304; and
(2) may be substituted retroactively for any period of leave without pay, or used to liquidate an indebtedness for any period of advanced leave, which began on or after a date fixed by the employing agency of the employee as the beginning of the medical emergency involved.
(e) Except to the extent that the Office of Personnel Management may prescribe regulations, nothing in the provisions of section 7351 shall apply to any solicitation, contribution, or use of leave to or from a leave bank under this subchapter.
(Added
§6368. Termination of medical emergency
(a) The medical emergency affecting a leave recipient shall, for purposes of this subchapter, be considered to have terminated on the date as of which—
(1) the leave recipient notifies the Leave Bank Board in writing, that the medical emergency no longer exists;
(2) the Leave Bank Board of such leave recipient determines, after written notice and opportunity for the leave recipient (or, if appropriate, another person acting on behalf of the leave recipient) to answer orally or in writing, that the medical emergency no longer exists; or
(3) the leave recipient is separated from service.
(b)(1) The Leave Bank Board of a recipient shall, consistent with guidelines prescribed by the Office of Personnel Management, establish procedures to ensure that a leave recipient is not permitted to use or receive any transferred leave under this subchapter after the medical emergency terminates.
(2) Nothing in section 5551, 5552, or 6306 shall apply with respect to any annual leave transferred to a leave recipient under this subchapter.
(Added
§6369. Restoration of transferred leave
The Office of Personnel Management shall establish procedures under which any transferred leave remaining to the credit of a leave recipient when the medical emergency affecting the leave recipient terminates, shall be restored to the leave bank.
(Added
§6370. Prohibition of coercion
(a) An employee may not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with any right which such employee may have with respect to contributing, receiving, or using annual leave under this subchapter.
(b) For the purpose of subsection (a), the term "intimidate, threaten, or coerce" includes promising to confer or conferring any benefit (such as an appointment, promotion, or compensation), or effecting or threatening to effect any reprisal (such as deprivation of appointment, promotion, or compensation).
(Added
§6371. Accrual of leave
While using leave made available to an employee from a leave bank, annual and sick leave shall accrue to the credit of such employee and shall become available for use by such employee in the same manner as provided for under section 6337.
(Added
Section Referred to in Other Sections
This section is referred to in
§6372. Additional leave bank programs
(a) For the purpose of this section—
(1) the term "excepted agency" has the same meaning as such term is defined under
(2) the term "head of an excepted agency" has the same meaning as such term is defined under
(b) Notwithstanding any other provision of this subchapter, neither an excepted agency nor any individual employed in or under an excepted agency may be included in a leave bank program established under any of the preceding provisions of this subchapter.
(c)(1) The head of an excepted agency may, by regulation, establish a voluntary leave bank program under which annual leave accrued or accumulated by an employee of such agency may be contributed to a leave bank, and any other employee of such agency may receive additional leave from such leave bank because of a medical emergency.
(2) To the extent practicable, and consistent with the protection of intelligence sources and methods (if applicable), each program under this section shall be established in a manner consistent with the provisions of this subchapter applicable to the program.
(d) The Office of Personnel Management shall provide the head of an excepted agency with such advice and assistance as the head of such agency may request in order to carry out the purposes of this section.
(Added
§6373. Authority to participate in both programs
(a) The Office of Personnel Management shall prescribe regulations under which an employee participating in a leave bank program under this subchapter may, subject to such terms or conditions as the Office may establish, also make or receive donations of leave under subchapter III.
(b) Notwithstanding any provision of section 6337 or 6371, if an employee uses leave transferred to such employee under subchapter III and leave made available to such employee under this subchapter in connection with the same medical emergency, the maximum number of days of annual leave and sick leave, respectively, which may accrue to such employee in connection with such medical emergency shall be the same as if all of that leave had been made available to such employee under this subchapter.
(Added
Amendments
1993—
Effective Date of 1993 Amendment
Amendment by
SUBCHAPTER V—FAMILY AND MEDICAL LEAVE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§6381. Definitions
For the purpose of this subchapter—
(1) the term "employee" means any individual who—
(A) is an "employee", as defined by section 6301(2), including any individual employed in a position referred to in clause (v) or (ix) of section 6301(2), but excluding any individual employed by the government of the District of Columbia 1 any individual employed on a temporary or intermittent basis, and any employee of the General Accounting Office or the Library of Congress; and
(B) has completed at least 12 months of service as an employee (within the meaning of subparagraph (A));
(2) the term "health care provider" means—
(A) a doctor of medicine or osteopathy who is authorized to practice medicine or surgery (as appropriate) by the State in which the doctor practices; and
(B) any other person determined by the Director of the Office of Personnel Management to be capable of providing health care services;
(3) the term "parent" means the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a son or daughter;
(4) the term "reduced leave schedule" means a leave schedule that reduces the usual number of hours per workweek, or hours per workday, of an employee;
(5) the term "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves—
(A) inpatient care in a hospital, hospice, or residential medical care facility; or
(B) continuing treatment by a health care provider; and
(6) the term "son or daughter" means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is—
(A) under 18 years of age; or
(B) 18 years of age or older and incapable of self-care because of a mental or physical disability.
(Added
Amendments
1995—Par. (1)(A).
Effective Date of 1995 Amendment
Amendment by
Effective Date
Subchapter effective 6 months after Feb. 5, 1993, see section 405(b)(1) of
Section Referred to in Other Sections
This section is referred to in title 2 section 1371; title 42 section 12631.
1 So in original. Probably should be followed by a comma.
§6382. Leave requirement
(a)(1) Subject to section 6383, an employee shall be entitled to a total of 12 administrative workweeks of leave during any 12-month period for one or more of the following:
(A) Because of the birth of a son or daughter of the employee and in order to care for such son or daughter.
(B) Because of the placement of a son or daughter with the employee for adoption or foster care.
(C) In order to care for the spouse, or a son, daughter, or parent, of the employee, if such spouse, son, daughter, or parent has a serious health condition.
(D) Because of a serious health condition that makes the employee unable to perform the functions of the employee's position.
(2) The entitlement to leave under subparagraph (A) or (B) of paragraph (1) based on the birth or placement of a son or daughter shall expire at the end of the 12-month period beginning on the date of such birth or placement.
(b)(1) Leave under subparagraph (A) or (B) of subsection (a)(1) shall not be taken by an employee intermittently or on a reduced leave schedule unless the employee and the employing agency of the employee agree otherwise. Subject to paragraph (2), subsection (e)(2), and section 6383(b)(5), leave under subparagraph (C) or (D) of subsection (a)(1) may be taken intermittently or on a reduced leave schedule when medically necessary. In the case of an employee who takes leave intermittently or on a reduced leave schedule pursuant to this paragraph, any hours of leave so taken by such employee shall be subtracted from the total amount of leave remaining available to such employee under subsection (a), for purposes of the 12-month period involved, on an hour-for-hour basis.
(2) If an employee requests intermittent leave, or leave on a reduced leave schedule, under subparagraph (C) or (D) of subsection (a)(1), that is foreseeable based on planned medical treatment, the employing agency may require such employee to transfer temporarily to an available alternative position offered by the employing agency for which the employee is qualified and that—
(A) has equivalent pay and benefits; and
(B) better accommodates recurring periods of leave than the regular employment position of the employee.
(c) Except as provided in subsection (d), leave granted under subsection (a) shall be leave without pay.
(d) An employee may elect to substitute for leave under subparagraph (A), (B), (C), or (D) of subsection (a)(1) any of the employee's accrued or accumulated annual or sick leave under subchapter I for any part of the 12-week period of leave under such subsection, except that nothing in this subchapter shall require an employing agency to provide paid sick leave in any situation in which such employing agency would not normally provide any such paid leave.
(e)(1) In any case in which the necessity for leave under subparagraph (A) or (B) of subsection (a)(1) is foreseeable based on an expected birth or placement, the employee shall provide the employing agency with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the birth or placement requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
(2) In any case in which the necessity for leave under subparagraph (C) or (D) of subsection (a)(1) is foreseeable based on planned medical treatment, the employee—
(A) shall make a reasonable effort to schedule the treatment so as not to disrupt unduly the operations of the employing agency, subject to the approval of the health care provider of the employee or the health care provider of the son, daughter, spouse, or parent of the employee, as appropriate; and
(B) shall provide the employing agency with not less than 30 days' notice, before the date the leave is to begin, of the employee's intention to take leave under such subparagraph, except that if the date of the treatment requires leave to begin in less than 30 days, the employee shall provide such notice as is practicable.
(Added
Section Referred to in Other Sections
This section is referred to in
§6383. Certification
(a) An employing agency may require that a request for leave under subparagraph (C) or (D) of section 6382(a)(1) be supported by certification issued by the health care provider of the employee or of the son, daughter, spouse, or parent of the employee, as appropriate. The employee shall provide, in a timely manner, a copy of such certification to the employing agency.
(b) A certification provided under subsection (a) shall be sufficient if it states—
(1) the date on which the serious health condition commenced;
(2) the probable duration of the condition;
(3) the appropriate medical facts within the knowledge of the health care provider regarding the condition;
(4)(A) for purposes of leave under section 6382(a)(1)(C), a statement that the employee is needed to care for the son, daughter, spouse, or parent, and an estimate of the amount of time that such employee is needed to care for such son, daughter, spouse, or parent; and
(B) for purposes of leave under section 6382(a)(1)(D), a statement that the employee is unable to perform the functions of the position of the employee; and
(5) in the case of certification for intermittent leave, or leave on a reduced leave schedule, for planned medical treatment, the dates on which such treatment is expected to be given and the duration of such treatment.
(c)(1) In any case in which the employing agency has reason to doubt the validity of the certification provided under subsection (a) for leave under subparagraph (C) or (D) of section 6382(a)(1), the employing agency may require, at the expense of the agency, that the employee obtain the opinion of a second health care provider designated or approved by the employing agency concerning any information certified under subsection (b) for such leave.
(2) Any health care provider designated or approved under paragraph (1) shall not be employed on a regular basis by the employing agency.
(d)(1) In any case in which the second opinion described in subsection (c) differs from the original certification provided under subsection (a), the employing agency may require, at the expense of the agency, that the employee obtain the opinion of a third health care provider designated or approved jointly by the employing agency and the employee concerning the information certified under subsection (b).
(2) The opinion of the third health care provider concerning the information certified under subsection (b) shall be considered to be final and shall be binding on the employing agency and the employee.
(e) The employing agency may require, at the expense of the agency, that the employee obtain subsequent recertifications on a reasonable basis.
(Added
Section Referred to in Other Sections
This section is referred to in
§6384. Employment and benefits protection
(a) Any employee who takes leave under section 6382 for the intended purpose of the leave shall be entitled, upon return from such leave—
(1) to be restored by the employing agency to the position held by the employee when the leave commenced; or
(2) to be restored to an equivalent position with equivalent benefits, pay, status, and other terms and conditions of employment.
(b) The taking of leave under section 6382 shall not result in the loss of any employment benefit accrued prior to the date on which the leave commenced.
(c) Except as otherwise provided by or under law, nothing in this section shall be construed to entitle any restored employee to—
(1) the accrual of any employment benefits during any period of leave; or
(2) any right, benefit, or position of employment other than any right, benefit, or position to which the employee would have been entitled had the employee not taken the leave.
(d) As a condition to restoration under subsection (a) for an employee who takes leave under section 6382(a)(1)(D), the employing agency may have a uniformly applied practice or policy that requires each such employee to receive certification from the health care provider of the employee that the employee is able to resume work.
(e) Nothing in this section shall be construed to prohibit an employing agency from requiring an employee on leave under section 6382 to report periodically to the employing agency on the status and intention of the employee to return to work.
(Added
Section Referred to in Other Sections
This section is referred to in title 2 section 1371.
§6385. Prohibition of coercion
(a) An employee shall not directly or indirectly intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce, any other employee for the purpose of interfering with the exercise of any rights which such other employee may have under this subchapter.
(b) For the purpose of this section—
(1) the term "intimidate, threaten, or coerce" includes promising to confer or conferring any benefit (such as appointment, promotion, or compensation), or taking or threatening to take any reprisal (such as deprivation of appointment, promotion, or compensation); and
(2) the term "employee" means any "employee", as defined by section 2105.
(Added
Section Referred to in Other Sections
This section is referred to in title 2 section 1371.
§6386. Health insurance
An employee enrolled in a health benefits plan under
(Added
Section Referred to in Other Sections
This section is referred to in title 2 section 1371.
§6387. Regulations
The Office of Personnel Management shall prescribe regulations necessary for the administration of this subchapter. The regulations prescribed under this subchapter shall, to the extent appropriate, be consistent with the regulations prescribed by the Secretary of Labor to carry out title I of the Family and Medical Leave Act of 1993.
(Added
References in Text
The Family and Medical Leave Act of 1993, referred to in text, is
Section Referred to in Other Sections
This section is referred to in title 2 section 1371.
SUBCHAPTER VI—LEAVE TRANSFER IN DISASTERS AND EMERGENCIES
§6391. Authority for leave transfer program in disasters and emergencies
(a) For the purpose of this section—
(1) "employee" means an employee as defined in section 6331(1); and
(2) "agency" means an Executive agency.
(b) In the event of a major disaster or emergency, as declared by the President, that results in severe adverse effects for a substantial number of employees, the President may direct the Office of Personnel Management to establish an emergency leave transfer program under which any employee in any agency may donate unused annual leave for transfer to employees of the same or other agencies who are adversely affected by such disaster or emergency.
(c) The Office shall establish appropriate requirements for the operation of the emergency leave transfer program under subsection (b), including appropriate limitations on the donation and use of annual leave under the program. An employee may receive and use leave under the program without regard to any requirement that any annual leave and sick leave to a leave recipient's credit must be exhausted before any transferred annual leave may be used.
(d) A leave bank established under subchapter IV may, to the extent provided in regulations prescribed by the Office, donate annual leave to the emergency leave transfer program established under subsection (b).
(e) Except to the extent that the Office may prescribe by regulation, nothing in section 7351 shall apply to any solicitation, donation, or acceptance of leave under this section.
(f) The Office shall prescribe regulations necessary for the administration of this section.
(Added
Subpart F—Labor-Management and Employee Relations
CHAPTER 71 —LABOR-MANAGEMENT RELATIONS
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS
SUBCHAPTER III—GRIEVANCES, APPEALS, AND REVIEW
SUBCHAPTER IV—ADMINISTRATIVE AND OTHER PROVISIONS
Amendments
1978—
Cross References
Labor-management relations in the Foreign Service, see
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—GENERAL PROVISIONS
§7101. Findings and purpose
(a) The Congress finds that—
(1) experience in both private and public employment indicates that the statutory protection of the right of employees to organize, bargain collectively, and participate through labor organizations of their own choosing in decisions which affect them—
(A) safeguards the public interest,
(B) contributes to the effective conduct of public business, and
(C) facilitates and encourages the amicable settlements of disputes between employees and their employers involving conditions of employment; and
(2) the public interest demands the highest standards of employee performance and the continued development and implementation of modern and progressive work practices to facilitate and improve employee performance and the efficient accomplishment of the operations of the Government.
Therefore, labor organizations and collective bargaining in the civil service are in the public interest.
(b) It is the purpose of this chapter to prescribe certain rights and obligations of the employees of the Federal Government and to establish procedures which are designed to meet the special requirements and needs of the Government. The provisions of this chapter should be interpreted in a manner consistent with the requirement of an effective and efficient Government.
(Added
Prior Provisions
A prior section 7101,
Effective Date
Chapter effective 90 days after Oct. 13, 1978, see section 907 of
Executive Order No. 10988
Ex. Ord. No. 10988, Jan. 17, 1962, 27 F.R. 551, which related to employee-management cooperation in the Federal service, was revoked by Ex. Ord. No. 11491, Oct. 29, 1969, 34 F.R. 17605, set out below.
Ex. Ord. No. 11491. Labor-Management Relations in the Federal Service
Ex. Ord. No. 11491, Oct. 29, 1969, 34 F.R. 17605, as amended by Ex. Ord. No. 11616, Aug. 26, 1971, 36 F.R. 17319; Ex. Ord. No. 11636, Dec. 17, 1971, 36 F.R. 24901; Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743; Ex. Ord. No. 11901, Jan. 30, 1976, 41 F.R. 4807; Ex. Ord. No. 12027, Dec. 5, 1977, 42 F.R. 61851; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
WHEREAS the public interest requires high standards of employee performance and the continual development and implementation of modern and progressive work practices to facilitate improved employee performance and efficiency; and
WHEREAS the well-being of employees and efficient administration of the Government are benefited by providing employees an opportunity to participate in the formulation and implementation of personnel policies and practices affecting the conditions of their employment; and
WHEREAS the participation of employees should be improved through the maintenance of constructive and cooperative relationships between labor organizations and management officials; and
WHEREAS subject to law and the paramount requirements of public service, effective labor-management relations within the Federal service require a clear statement of the respective rights and obligations of labor organizations and agency management:
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, including
General Provisions
(b) Paragraph (a) of this section does not authorize participation in the management of a labor organization or acting as a representative of such an organization by a supervisor, except as provided in section 24 of this Order, or by an employee when the participation or activity would result in a conflict or apparent conflict of interest or otherwise be incompatible with law or with the official duties of the employee.
(a) "Agency" means an executive department, a Government corporation, and an independent establishment as defined in
(b) "Employee" means an employee of an agency and an employee of a nonappropriated fund instrumentality of the United States but does not include, for the purpose of exclusive recognition or national consultation rights, a supervisor, except as provided in section 24 of this Order;
(c) "Supervisor" means an employee having authority, in the interest of an agency, to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other employees, or responsibly to direct them, or to adjust their grievances, or effectively to recommend such action, if in connection with the foregoing the exercise of authority is not of a merely routine or clerical nature, but requires the use of independent judgment;
(d) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
(e) "Labor organization" means a lawful organization of any kind in which employees participate and which exists for the purpose, in whole or in part, of dealing with agencies concerning grievances, personnel policies and practices, or other matters affecting the working conditions of their employees; but does not include an organization which—
(1) consists of management officials or supervisors, except as provided in section 24 of this Order;
(2) assists or participates in a strike against the Government of the United States or any agency thereof, or imposes a duty or obligation to conduct, assist, or participate in such a strike;
(3) advocates the overthrow of the constitutional form of government in the United States; or
(4) discriminates with regard to the terms or conditions of membership because of race, color, creed, sex, age, or national origin;
(f) "Agency management" means the agency head and all management officials, supervisors, and other representatives of management having authority to act for the agency on any matters relating to the implementation of the agency labor-management relations program established under this Order;
(g) "Authority" means the Federal Labor Relations Authority;
(h) "Panel" means the Federal Service Impasses Panel;
(i) "Assistant Secretary" means the Assistant Secretary of Labor for Labor Management Relations; and
(j) "General Counsel" means the General Counsel of the Authority.
(b) This Order (except section 22) does not apply to—
(1) the Federal Bureau of Investigation;
(2) the Central Intelligence Agency;
(3) any other agency, or office, bureau, or entity within an agency, which has as a primary function intelligence, investigative, or security work, when the head of the agency determines, in his sole judgment, that the Order cannot be applied in a manner consistent with national security requirements and considerations; or
(4) any office, bureau or entity, within an agency which has as a primary function investigation or audit of the conduct or work of officials or employees of the agency for the purpose of ensuring honesty and integrity in the discharge of their official duties, when the head of the agency determines, in his sole judgment, that the Order cannot be applied in a manner consistent with the internal security of the agency.
(5) The Foreign Service of the United States: Department of State, United States Information Agency and Agency for International Development and its successor agency or agencies.
(6) The Tennessee Valley Authority; or
(7) Personnel of the Federal Labor Relations Authority (including the Office of the General Counsel and the Federal Service Impasses Panel).
(c) The head of an agency may, in his sole judgment, suspend any provision of this Order (except section 22) with respect to any agency installation or activity located outside the United States, when he determines that this is necessary in the national interest, subject to the conditions he prescribes.
(d) Employees engaged in administering a labor-management relations law or this Order who are otherwise authorized by this Order to be represented by a labor organization shall not be represented by a labor organization which also represents other groups of employees under the law or this Order, or which is affiliated directly or indirectly with an organization which represents such a group of employees.
Administration
(a) [Revoked].
(b) The Authority shall administer and interpret this Order, decide major policy issues, and prescribe regulations.
(c) The Authority shall, subject to its regulations:
(1) decide questions as to the appropriate unit for the purpose of exclusive recognition and related issues submitted for its considerations;
(2) supervise elections to determine whether a labor organization is the choice of a majority of the employees in an appropriate unit as their exclusive representative, and certify the results;
(3) decide questions as to the eligibility of labor organizations for national consultation rights;
(4) decide unfair labor practice complaints; and
(5) decide questions as to whether a grievance is subject to a negotiated grievance procedure or subject to arbitration under an agreement as provided in Section 13(d) of this Order.
(d) The Authority may consider, subject to its regulations:
(1) appeals on negotiability issues as provided in Section 11(c) of this Order;
(2) exceptions to arbitration awards;
(3) appeals from decisions of the Assistant Secretary of Labor for Labor-Management Relations issued pursuant to Section 6(b) of this Order; and
(4) other matters it deems appropriate to assure the effectuation of the purposes of this Order.
(e) In any matters arising under subsection (c) and (d)(3) of this Section, the Authority may require an agency or a labor organization to cease and desist from violations of this Order and require it to take such affirmative action as the Authority considers appropriate to effectuate the policies of this Order.
(f) In performing the duties imposed on it by this Section, the Authority may request and use the services and assistance of employees of other agencies in accordance with Section 1 of the Act of March 4, 1915 (
(b) The Panel may consider negotiation impasses as provided in section 17 of this Order and may take any action it considers necessary to settle an impasse.
(c) The Panel shall prescribe regulations needed to administer its function under this Order.
(a) The General Counsel is authorized, upon direction by the Authority, to:
(1) investigate complaints of violations of Section 19 of this Order;
(2) make final decisions as to whether to issue unfair labor practice complaints and prosecute such complaints before the Authority;
(3) direct and supervise all employees in the Office of General Counsel, including employees of the General Counsel in the regional office of the Authority;
(4) perform such other duties as the Authority may prescribe; and
(5) prescribe regulations needed to administer his functions under this Order.
(b) The Assistant Secretary shall:
(1) decide alleged violations of the standards of conduct for labor organizations, established in Section 18 of this Order; and
(2) prescribe regulations needed to administer his functions under this Order.
(c) In any matter arising under paragraph (b) of this Section, the Assistant Secretary may require a labor organization to cease and desist from violations of this Order and require it to take such affirmative action as he considers appropriate to effectuate the policies of this Order.
(d) In performing the duties imposed on them by this Section, the General Counsel and the Assistant Secretary may request and use the services and assistance of employees of other agencies in accordance with Section 1 of the Act of March 4, 1915 (
Recognition
(b) A labor organization seeking recognition shall submit to the agency a roster of its officers and representatives, a copy of its constitution and by-laws, and a statement of its objectives.
(c) When recognition of a labor organization has been accorded, the recognition continues as long as the organization continues to meet the requirements of this Order applicable to that recognition, except that this section does not require an election to determine whether an organization should become, or continue to be recognized as, exclusive representative of the employees in any unit or subdivision thereof within 12 months after a prior valid election with respect to such unit.
(d) Recognition of a labor organization does not—
(1) preclude an employee, regardless of whether he is in a unit of exclusive recognition, from exercising grievance or appellate rights established by law or regulation, or from choosing his own representative in a grievance or appellate action, except when the grievance is covered under a negotiated procedure as provided in section 13;
(2) preclude or restrict consultations and dealings between an agency and a veterans organization with respect to matters of particular interest to employees with veterans preference; or
(3) preclude an agency from consulting or dealing with a religious, social, fraternal, professional or other lawful association, not qualified as a labor organization, with respect to matters or policies which involve individual members of the association or are of particular applicability to it or its members. Consultations and dealings under subparagraph (3) of this paragraph shall be so limited that they do not assume the character of formal consultation on matters of general employee-management policy covering employees in that unit or extend to areas where recognition of the interests of one employee group may result in discrimination against or injury to the interests of other employees.
(e) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
(f) Informal recognition or formal recognition shall not be accorded.
(b) When a labor organization has been accorded national consultation rights, the agency, through appropriate officials, shall notify representatives of the organization of proposed substantive changes in personnel policies that affect employees it represents and provide an opportunity for the organization to comment on the proposed changes. The labor organization may suggest changes in the agency's personnel policies and have its views carefully considered. It may consult in person at reasonable times, on request, with appropriate officials on personnel policy matters, and at all times present its views thereon in writing. An agency is not required to consult with a labor organization on any matter on which it would not be required to meet and confer if the organization were entitled to exclusive recognition.
(c) Questions as to the eligibility of labor organizations for national consultation rights may be referred to the Authority for decision.
(b) A unit may be established on a plant or installation, craft, functional, or other basis which will ensure a clear and identifiable community of interest among the employees concerned and will promote effective dealings and efficiency of agency operations. A unit shall not be established solely on the basis of the extent to which employees in the proposed unit have organized, nor shall a unit be established if it includes—
(1) any management official or supervisor, except as provided in section 24;
(2) an employee engaged in Federal personnel work in other than a purely clerical capacity; or
(3) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
(4) both professional and nonprofessional employees, unless a majority of the professional employees vote for inclusion in the unit. Questions as to the appropriate unit and related issues may be referred to the Authority for decision.
(c) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
(d) All elections shall be conducted under the supervision of the Authority, or persons designated by it, and shall be by secret ballot. Each employee eligible to vote shall be provided the opportunity to choose the labor organization he wishes to represent him, from among those on the ballot, or "no union", except as provided in subparagraph (4) of this paragraph. Elections may be held to determine whether—
(1) a labor organization should be recognized as the exclusive representative of employees in a unit;
(2) a labor organization should replace another labor organization as the exclusive representative;
(3) a labor organization should cease to be the exclusive representative; or
(4) a labor organization should be recognized as the exclusive representative of employees in a unit composed of employees in units currently represented by that labor organization or continue to be recognized in the existing separate units.
(e) When a labor organization has been accorded exclusive recognition, it is the exclusive representative of employees in the unit and is entitled to act for and to negotiate agreements covering all employees in the unit. It is responsible for representing the interests of all employees in the unit without discrimination and without regard to labor organization membership. The labor organization shall be given the opportunity to be represented at formal discussions between management and employees or employee representatives concerning grievances, personnel policies and practices, or other matters affecting general working conditions of employees in the unit.
Agreements
(b) In prescribing regulations relating to personnel policies and practices and working conditions, an agency shall have due regard for the obligation imposed by paragraph (a) of this section. However, the obligation to meet and confer does not include matters with respect to the mission of an agency; its budget; its organization; the number of employees; and the numbers, types, and grades of positions or employees assigned to an organizational unit, work project or tour of duty; the technology of performing its work; or its internal security practices. This does not preclude the parties from negotiating agreements providing appropriate arrangements for employees adversely affected by the impact of realignment of work forces or technological change.
(c) If, in connection with negotiations, an issue develops as to whether a proposal is contrary to law, regulation, controlling agreement, or this order and therefore not negotiable, it shall be resolved as follows:
(1) An issue which involves interpretation of a controlling agreement at a higher agency level is resolved under the procedures of the controlling agreement, or, if none, under agency regulations;
(2) An issue other than as described in subparagraph (1) of this paragraph which arises at a local level may be referred by either party to the head of the agency for determination;
(3) An agency head's determination as to the interpretation of the agency's regulations with respect to a proposal is final;
(4) A labor organization may appeal to the Authority for a decision when—
(i) it disagrees with an agency head's determination that a proposal would violate applicable law, regulation of appropriate authority outside the agency, or this order, or
(ii) it believes that an agency's regulations, as interpreted by the agency head, violate applicable law, regulation of appropriate authority outside the agency, or this order, or are not otherwise applicable to bar negotiations under paragraph (a) of this section.
(d) [Revoked by Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055.]
(a) in the administration of all matters covered by the agreement, officials and employees are governed by existing or future laws and the regulations of appropriate authorities, including policies set forth in the Federal Personnel Manual; by published agency policies and regulations in existence at the time the agreement was approved; and by subsequently published agency policies and regulations required by law or by the regulations of appropriate authorities, or authorized by the terms of a controlling agreement at a higher agency level;
(b) management officials of the agency retain the right, in accordance with applicable laws and regulations—
(1) to direct employees of the agency;
(2) to hire, promote, transfer, assign, and retain employees in positions within the agency, and to suspend, demote, discharge, or take other disciplinary action against employees;
(3) to relieve employees from duties because of lack of work or for other legitimate reasons;
(4) to maintain the efficiency of the Government operations entrusted to them;
(5) to determine the methods, means, and personnel by which such operations are to be conducted; and
(6) to take whatever actions may be necessary to carry out the mission of the agency in situations of emergency; and
(c) nothing in the agreement shall require an employee to become or to remain a member of a labor organization, or to pay money to the organization except pursuant to a voluntary written authorization by a member for the payment of dues through payroll deductions. The requirements of this section shall be expressly stated in the initial or basic agreement and apply to all supplemental, implementing, subsidiary, or informal agreements between the agency and the organization.
(b) A negotiated procedure may provide for arbitration of grievances. Arbitration may be invoked only by the agency or the exclusive representative. Either party may file exceptions to an arbitrator's award with the Authority, under regulations prescribed by the Authority.
(c) [Revoked.]
(d) Questions that cannot be resolved by the parties as to whether or not a grievance is on a matter for which a statutory appeal procedure exists, shall be referred to the Authority for decision. Other questions as to whether or not a grievance is on a matter subject to the grievance procedure in an existing agreement, or is subject to arbitration under that agreement, may by agreement of the parties be submitted to arbitration or may be referred to the Authority for decision.
(e) [Revoked.]
Negotiation Disputes and Impasses
Conduct of Labor Organizations and Management
(a) An agency shall accord recognition only to a labor organization that is free from corrupt influences and influences opposed to basic democratic principles. Except as provided in paragraph (b) of this section, an organization is not required to prove that it has the required freedom when it is subject to governing requirements adopted by the organization or by a national or international labor organization or federation of labor organizations with which it is affiliated or in which it participates, containing explicit and detailed provisions to which it subscribes calling for—
(1) the maintenance of democratic procedures and practices, including provisions for periodic elections to be conducted subject to recognized safeguards and provisions defining and securing the right of individual members to participation in the affairs of the organization, to fair and equal treatment under the governing rules of the organization, and to fair process in disciplinary proceedings;
(2) the exclusion from office in the organization of persons affiliated with Communist or other totalitarian movements and persons identified with corrupt influences;
(3) the prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization and its members; and
(4) the maintenance of fiscal integrity in the conduct of the affairs of the organization, including provision for accounting and financial controls and regular financial reports or summaries to be made available to members.
(b) Notwithstanding the fact that a labor organization has adopted or subscribed to standards of conduct as provided in paragraph (a) of this section, the organization is required to furnish evidence of its freedom from corrupt influences or influences opposed to basic democratic principles when there is reasonable cause to believe that—
(1) the organization has been suspended or expelled from or is subject to other sanction by a parent labor organization or federation of organizations with which it had been affiliated because it has demonstrated an unwillingness or inability to comply with governing requirements comparable in purpose to those required by paragraph (a) of this section; or
(2) the organization is in fact subject to influences that would preclude recognition under this Order.
(c) A labor organization which has or seeks recognition as a representative of employees under this Order shall file financial and other reports, provide for bonding of officials and employees of the organization, and comply with trusteeship and election standards.
(d) The Assistant Secretary shall prescribe the regulations needed to effectuate this section. These regulations shall conform generally to the principles applied to unions in the private sector. Complaints of violations of this section shall be filed with the Assistant Secretary.
(1) interfere with, restrain, or coerce an employee in the exercise of the rights assured by this Order;
(2) encourage or discourage membership in a labor organization by discrimination in regard to hiring, tenure, promotion, or other conditions of employment;
(3) sponsor, control, or otherwise assist a labor organization, except that an agency may furnish customary and routine services and facilities under section 23 of this Order when consistent with the best interests of the agency, its employees, and the organization, and when the services and facilities are furnished, if requested, on an impartial basis to organizations having equivalent status;
(4) discipline or otherwise discriminate against an employee because he has filed a complaint or given testimony under this Order;
(5) refuse to accord appropriate recognition to a labor organization qualified for such recognition; or
(6) refuse to consult, confer, or negotiate with a labor organization as required by this Order.
(b) A labor organization shall not—
(1) interfere with, restrain, or coerce an employee in the exercise of his rights assured by this Order;
(2) attempt to induce agency management to coerce an employee in the exercise of his rights under this Order;
(3) coerce, attempt to coerce, or discipline, fine, or take other economic sanction against a member of the organization as punishment or reprisal for, or for the purpose of hindering or impeding his work performance, his productivity, or the discharge of his duties owed as an officer or employee of the United States;
(4) call or engage in a strike, work stoppage, or slowdown; picket an agency in a labor-management dispute; or condone any such activity by failing to take affirmative action to prevent or stop it;
(5) discriminate against an employee with regard to the terms or conditions of membership because of race, color, creed, sex, age, or national origin; or
(6) refuse to consult, confer, or negotiate with an agency as required by this Order.
(c) A labor organization which is accorded exclusive recognition shall not deny membership to any employee in the appropriate unit except for failure to meet reasonable occupational standards uniformly required for admission, or for failure to tender initiation fees and dues uniformly required as a condition of acquiring and retaining membership. This paragraph does not preclude a labor organization from enforcing discipline in accordance with procedures under its constitution or by-laws which conform to the requirements of this Order.
(d) Issues which can properly be raised under an appeals procedure may not be raised under this section. Issues which can be raised under a grievance procedure may, in the discretion of the aggrieved party, be raised under that procedure or the complaint procedure under this section, but not under both procedures. Appeals or grievance decisions shall not be construed as unfair labor practice decisions under this Order nor as precedent for such decisions. All complaints under this section that cannot be resolved by the parties shall be filed with the Authority.
Miscellaneous Provisions
(1) the dues withholding agreement between the agency and the labor organization is terminated or ceases to be applicable to the employee; or
(2) the employee has been suspended or expelled from the labor organization.
(b) [Revoked by Ex. Ord. No. 11838, Feb. 6, 1975, 40 F.R. 5743.]
(1) the renewal or continuation of a lawful agreement between an agency and a representative of its employees entered into before the effective date of Executive Order No. 10988 (January 17, 1962); or
(2) the renewal, continuation, or initial according of recognition for units of management officials or supervisors represented by labor organizations which historically or traditionally represent the management officials or supervisors in private industry and which hold exclusive recognition for units of such officials or supervisors in any agency on the date of this Order.
(b) All grants of informal recognition under Executive Order No. 10988 terminate on July 1, 1970.
(c) All grants of formal recognition under Executive Order No. 10988 terminate under regulations which the Federal Labor Relations Council shall issue before October 1, 1970.
(d) By not later than December 31, 1970, all supervisors shall be excluded from units of formal and exclusive recognition and from coverage by negotiated agreements, except as provided in paragraph (a) of this section.
(b) The Office of Personnel Management shall develop programs for the collection and dissemination of information appropriate to the needs of agencies, organizations and the public.
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see
Ex. Ord. No. 12871. Labor-Management Partnerships
Ex. Ord. No. 12871, Oct. 1, 1993, 58 F.R. 52201, as amended by Ex. Ord. No. 12983, Dec. 21, 1995, 60 F.R. 66855, provided:
The involvement of Federal Government employees and their union representatives is essential to achieving the National Performance Review's Government reform objectives. Only by changing the nature of Federal labor-management relations so that managers, employees, and employees' elected union representatives serve as partners will it be possible to design and implement comprehensive changes necessary to reform Government. Labor-management partnerships will champion change in Federal Government agencies to transform them into organizations capable of delivering the highest quality services to the American people.
By the authority vested in me as President by the Constitution and the laws of the United States, including
(1) Director of the Office of Personnel Management ("OPM");
(2) Deputy Secretary of Labor;
(3) Deputy Director for Management, Office of Management and Budget;
(4) Chair, Federal Labor Relations Authority;
(5) Federal Mediation and Conciliation Director;
(6) President, American Federation of Government Employees, AFL–CIO;
(7) President, National Federation of Federal Employees;
(8) President, National Treasury Employees Union;
(9) Secretary-Treasurer of the Public Employees Department, AFL–CIO;
(10) A deputy Secretary or other officer with department- or agency-wide authority from two executive departments or agencies (hereafter collectively "agency"), not otherwise represented on the Council; and
(11) one elected office holder each from both the Senior Executives Association and the Federal Managers Association.
Members shall have 2-year terms on the Council, which may be extended by the President.
(b) Responsibilities and Functions. The Council shall advise the President on matters involving labor-management relations in the executive branch. Its activities shall include:
(1) supporting the creation of labor-management partnerships and promoting partnership efforts in the executive branch, to the extent permitted by law;
(2) proposing to the President by January 1994 statutory changes necessary to achieve the objectives of this order, including legislation consistent with the National Performance Review's recommendations for the creation of a flexible and responsive hiring system and the reform of the General Schedule classification system;
(3) collecting and disseminating information about, and providing guidance on, partnership efforts in the executive branch, including results achieved, to the extent permitted by law;
(4) utilizing the expertise of individuals both within and outside the Federal Government to foster partnership arrangements;
(5) working with the President's Management Council toward reform consistent with the National Performance Review's recommendations throughout the executive branch; and
(6) reporting to the President by October 1996 on the progress of and results achieved through labor-management partnership throughout the executive branch.
(c) Administration. (1) The President shall designate a member of the Council who is a full-time Federal employee to serve as Chairperson. The responsibilities of the Chairperson shall include scheduling meetings of the Council.
(2) The Council shall seek input from nonmember Federal agencies, particularly smaller agencies. It also may, from time to time, invite experts from the private and public sectors to submit information. The Council shall also seek input from Federal manager and professional associations, companies, nonprofit organizations, State and local governments. Federal employees, and customers of Federal services, as needed.
(3) To the extent permitted by law and subject to the availability of appropriations, OPM shall provide such facilities, support, and administrative services to the Council as the Director of OPM deems appropriate.
(4) Members of the Council shall serve without compensation for their work on the Council, but may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law, for persons serving intermittently in Government service.
(5) All agencies shall, to the extent permitted by law, provide to the Council such assistance, information, and advice as the Council may request.
(d) General. (1) I have determined that the Council shall be established in compliance with the Federal Advisory Committee Act, as amended (5 U.S.C. App.).
(2) Notwithstanding any other executive order, the functions of the President under the Federal Advisory Committee Act, as amended, except that of reporting to the Congress, that are applicable to the Council, shall be performed by the Director of OPM, in accordance with guidelines and procedures issued by the Administrator of General Services.
(3) The Council shall exist for a period of 2 years from the date of this order, unless extended.
(4) Members of the Council who are not otherwise officers or employees of the Federal Government shall serve in a representative capacity and shall not be considered special Government employees for any purpose.
(a) create labor-management partnerships by forming labor-management committees or councils at appropriate levels, or adapting existing councils or committees if such groups exist, to help reform Government;
(b) involve employees and their union representatives as full partners with management representatives to identify problems and craft solutions to better serve the agency's customers and mission;
(c) provide systematic training of appropriate agency employees (including line managers, first line supervisors, and union representatives who are Federal employees) in consensual methods of dispute resolution, such as alternative dispute resolution techniques and interest-based bargaining approaches;
(d) negotiate over the subjects set forth in
(e) evaluate progress and improvements in organizational performance resulting from the labor-management partnerships.
William J. Clinton.
Extension of Term of National Partnership Council
Term of the National Partnership Council extended until Sept. 30, 1997, by Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Term of the National Partnership Council extended until Sept. 30, 1999, by Ex. Ord. No. 13062, §1(c), Sept. 29, 1997, 62 F.R. 51755, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Term of the National Partnership Council extended until Sept. 30, 2001, by Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
§7102. Employees' rights
Each employee shall have the right to form, join, or assist any labor organization, or to refrain from any such activity, freely and without fear of penalty or reprisal, and each employee shall be protected in the exercise of such right. Except as otherwise provided under this chapter, such right includes the right—
(1) to act for a labor organization in the capacity of a representative and the right, in that capacity, to present the views of the labor organization to heads of agencies and other officials of the executive branch of the Government, the Congress, or other appropriate authorities, and
(2) to engage in collective bargaining with respect to conditions of employment through representatives chosen by employees under this chapter.
(Added
Prior Provisions
A prior section 7102,
Partial Suspension of Federal Service Labor-Management Relations
Par. (2) of this section suspended with respect to any matter proposed for bargaining which would substantially impair the implementation by the United States Forces of any treaty or agreement, including any minutes or understandings thereto, between the United States and the Government of the host nation, see section 1(b) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under
Section Referred to in Other Sections
This section is referred to in title 2 section 1351.
§7103. Definitions; application
(a) For the purpose of this chapter—
(1) "person" means an individual, labor organization, or agency;
(2) "employee" means an individual—
(A) employed in an agency; or
(B) whose employment in an agency has ceased because of any unfair labor practice under
but does not include—
(i) an alien or noncitizen of the United States who occupies a position outside the United States;
(ii) a member of the uniformed services;
(iii) a supervisor or a management official;
(iv) an officer or employee in the Foreign Service of the United States employed in the Department of State, the International Communication Agency, the Agency for International Development, the Department of Agriculture, or the Department of Commerce; or
(v) any person who participates in a strike in violation of
(3) "agency" means an Executive agency (including a nonappropriated fund instrumentality described in
(A) the General Accounting Office;
(B) the Federal Bureau of Investigation;
(C) the Central Intelligence Agency;
(D) the National Security Agency;
(E) the Tennessee Valley Authority;
(F) the Federal Labor Relations Authority; or
(G) the Federal Service Impasses Panel.
(4) "labor organization" means an organization composed in whole or in part of employees, in which employees participate and pay dues, and which has as a purpose the dealing with an agency concerning grievances and conditions of employment, but does not include—
(A) an organization which, by its constitution, bylaws, tacit agreement among its members, or otherwise, denies membership because of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicapping condition;
(B) an organization which advocates the overthrow of the constitutional form of government of the United States;
(C) an organization sponsored by an agency; or
(D) an organization which participates in the conduct of a strike against the Government or any agency thereof or imposes a duty or obligation to conduct, assist, or participate in such a strike;
(5) "dues" means dues, fees, and assessments;
(6) "Authority" means the Federal Labor Relations Authority described in
(7) "Panel" means the Federal Service Impasses Panel described in
(8) "collective bargaining agreement" means an agreement entered into as a result of collective bargaining pursuant to the provisions of this chapter;
(9) "grievance" means any complaint—
(A) by any employee concerning any matter relating to the employment of the employee;
(B) by any labor organization concerning any matter relating to the employment of any employee; or
(C) by any employee labor organization, or agency concerning—
(i) the effect or interpretation, or a claim of breach, of a collective bargaining agreement; or
(ii) any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment;
(10) "supervisor" means an individual employed by an agency having authority in the interest of the agency to hire, direct, assign, promote, reward, transfer, furlough, layoff, recall, suspend, discipline, or remove employees, to adjust their grievances, or to effectively recommend such action, if the exercise of the authority is not merely routine or clerical in nature but requires the consistent exercise of independent judgment, except that, with respect to any unit which includes firefighters or nurses, the term "supervisor" includes only those individuals who devote a preponderance of their employment time to exercising such authority;
(11) "management official" means an individual employed by an agency in a position the duties and responsibilities of which require or authorize the individual to formulate, determine, or influence the policies of the agency;
(12) "collective bargaining" means the performance of the mutual obligation of the representative of an agency and the exclusive representative of employees in an appropriate unit in the agency to meet at reasonable times and to consult and bargain in a good-faith effort to reach agreement with respect to the conditions of employment affecting such employees and to execute, if requested by either party, a written document incorporating any collective bargaining agreement reached, but the obligation referred to in this paragraph does not compel either party to agree to a proposal or to make a concession;
(13) "confidential employee" means an employee who acts in a confidential capacity with respect to an individual who formulates or effectuates management policies in the field of labor-management relations;
(14) "conditions of employment" means personnel policies, practices, and matters, whether established by rule, regulation, or otherwise, affecting working conditions, except that such term does not include policies, practices, and matters—
(A) relating to political activities prohibited under subchapter III of
(B) relating to the classification of any position; or
(C) to the extent such matters are specifically provided for by Federal statute;
(15) "professional employee" means—
(A) an employee engaged in the performance of work—
(i) requiring knowledge of an advanced type in a field of science or learning customarily acquired by a prolonged course of specialized intellectual instruction and study in an institution of higher learning or a hospital (as distinguished from knowledge acquired by a general academic education, or from an apprenticeship, or from training in the performance of routine mental, manual, mechanical, or physical activities);
(ii) requiring the consistent exercise of discretion and judgment in its performance;
(iii) which is predominantly intellectual and varied in character (as distinguished from routine mental, manual, mechanical, or physical work); and
(iv) which is of such character that the output produced or the result accomplished by such work cannot be standardized in relation to a given period of time; or
(B) an employee who has completed the courses of specialized intellectual instruction and study described in subparagraph (A)(i) of this paragraph and is performing related work under appropriate direction or guidance to qualify the employee as a professional employee described in subparagraph (A) of this paragraph;
(16) "exclusive representative" means any labor organization which—
(A) is certified as the exclusive representative of employees in an appropriate unit pursuant to
(B) was recognized by an agency immediately before the effective date of this chapter as the exclusive representative of employees in an appropriate unit—
(i) on the basis of an election, or
(ii) on any basis other than an election,
and continues to be so recognized in accordance with the provisions of this chapter;
(17) "firefighter" means any employee engaged in the performance of work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment; and
(18) "United States" means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Virgin Islands, the Trust Territory of the Pacific Islands, and any territory or possession of the United States.
(b)(1) The President may issue an order excluding any agency or subdivision thereof from coverage under this chapter if the President determines that—
(A) the agency or subdivision has as a primary function intelligence, counterintelligence, investigative, or national security work, and
(B) the provisions of this chapter cannot be applied to that agency or subdivision in a manner consistent with national security requirements and considerations.
(2) The President may issue an order suspending any provision of this chapter with respect to any agency, installation, or activity located outside the 50 States and the District of Columbia, if the President determines that the suspension is necessary in the interest of national security.
(Added
Amendments
1998—Subsec. (a)(2)(B)(iv).
Subsec. (a)(3).
1996—Subsec. (a)(3)(F) to (H).
1994—Subsec. (a)(3)(H).
1991—Subsec. (a)(3).
1980—Subsec. (a)(2)(iv).
Change of Name
International Communication Agency, referred to in subsec. (a)(2)(B)(iv), redesignated United States Information Agency and Director or any other official of International Communication Agency redesignated as Director or other official, as appropriate, of United States Information Agency by section 303 of
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Ex. Ord. No. 12171. Exclusions From Coverage of Program
Ex. Ord. No. 12171, Nov. 19, 1979, 44 F.R. 66565, as amended by Ex. Ord. No. 12338, Jan. 11, 1982, 47 F.R. 1369; Ex. Ord. No. 12410, Mar. 28, 1983, 48 F.R. 13143; Ex. Ord. No. 12559, May 20, 1986, 51 F.R. 18761; Ex. Ord. No. 12632, Mar. 23, 1988, 53 F.R. 9852; Ex. Ord. No. 12666, Jan. 12, 1989, 54 F.R. 1921; Ex. Ord. No. 12671, Mar. 14, 1989, 54 F.R. 11157; Ex. Ord. No. 12681, July 6, 1989, 54 F.R. 28997; Ex. Ord. No. 12693, Sept. 29, 1989, 54 F.R. 40629; Ex. Ord. No. 13039, Mar. 11, 1997, 62 F.R. 12529, provided:
By the authority vested in me as President by the Constitution and statutes of the United States of America, including
1–1. Determinations
1–101. The agencies or subdivisions thereof set forth in Section 1–2 of this Order are hereby determined to have as a primary function intelligence, counterintelligence, investigative, or national security work. It is also hereby determined that
1–102. Having determined that it is necessary in the interest of national security, the provisions of
1–2. Exclusions
1–201. The Information Security Oversight Office, General Services Administration.
1–202. The Federal Research Division, Research Services, the Library of Congress.
1–203. Agencies or subdivisions of the Department of the Treasury:
(a) The U.S. Secret Service.
(b) The U.S. Secret Service Uniformed Division.
(c) The Office of Special Assistant to the Secretary (National Security).
(d) The Office of Intelligence Support (OIS).
(e) The Office of the Assistant Secretary (Enforcement and Operations) (OEO).
(f) The Office of Criminal Enforcement, Bureau of Alcohol, Tobacco, and Firearms.
(g) The Office of Enforcement (Headquarters and Regional Components), U.S. Customs Service.
(h) The Criminal Investigation Division, Internal Revenue Service.
1–204. Agencies or subdivisions of the Department of the Army, Department of Defense:
(a) Office of Assistant Chief of Staff for Intelligence.
(b) U.S. Army Intelligence and Security Command.
(c) U.S. Army Foreign Science and Technology Center.
(d) U.S. Army Intelligence Center and School.
(e) U.S. Army Missile Intelligence Agency.
(f) Foreign Intelligence Office, U.S. Army Missile Research and Development Command.
1–205. Agencies or subdivisions of the Department of the Navy, Department of Defense:
(a) Office of Naval Intelligence.
(b) Naval Intelligence Command Headquarters and Subordinate Commands.
(c) Headquarters, Naval Security Group Command.
(d) Naval Security Group Activities and Detachments.
(e) Fleet Intelligence Center, Europe and Atlantic (FICEURLANT).
(f) Fleet Intelligence Center, Pacific (FICPAC).
(g) Units composed primarily of employees engaged in the operation, repair, and/or maintenance of "off line" or "on line" cryptographic equipment.
(h) Units composed primarily of employees of naval telecommunications activities in positions which require a cryptographic authorization.
(i) Naval Special Warfare Development Group.
1–206. Agencies or subdivisions of the Department of the Air Force, Department of Defense:
(a) Office of Space Systems, Office of the Secretary of the Air Force.
(b) Office of Special Projects, Office of the Secretary of the Air Force.
(c) Engineering Office, Space and Missile Systems Organization (Air Force Systems Command).
(d) Program Control Office, Space and Missile Systems Organization (Air Force Systems Command).
(e) Detachment 3, Space and Missile Systems Organization (Air Force Systems Command).
(f) Defense Dissemination Systems Program Office, Space and Missile Systems Organization (Air Force Systems Command).
(g) Satellite Data System Program Office, Space and Missile Systems Organization (Air Force Systems Command).
(h) Project Office at El Segundo, California, Office of the Secretary of the Air Force.
(i) Project Office at Patrick Air Force Base, Florida, Office of the Secretary of the Air Force.
(j) Project Office at Fort Myer, Virginia, Office of the Secretary of the Air Force.
(k) Air Force Office of Special Investigations.
(l) U.S. Air Force Security Service.
(m) Foreign Technology Division, Air Force Systems Command, Wright-Patterson Air Force Base.
(n) 1035 Technical Operations Group (Air Force Technical Applications Center), Air Force Systems Command, and subordinate units.
(o) 3480 Technical Training Wing, Air Training Command, Goodfellow Air Force Base, Texas.
(p) Office of the Assistant Chief of Staff, Intelligence.
(q) Air Force Intelligence Service.
1–207. The Defense Intelligence Agency, Department of Defense.
1–208. The Defense Investigative Service, Department of Defense.
1–209. Agencies or subdivisions of the Department of Justice:
a. The Office of Enforcement and the Office of Intelligence, including all domestic field offices and intelligence units, of the Drug Enforcement Administration.
b. The Office of Special Operations, the Threat Analysis Group, the Enforcement Operations Division, the Witness Security Division and the Court Security Division in the Office of the Director and the Enforcement Division in Offices of the United States Marshals in the United States Marshals Service.
1–210. Agencies or subdivisions of the Department of Energy.
(a) The Albuquerque, Nevada and Savannah River operations offices under the Under Secretary of Energy.
(b) Offices of the Assistant Secretary for Defense Programs.
1–211. Offices within the Agency for International Development:
(a) The Immediate Office of the Auditor General.
(b) The Office of Inspections and Investigations.
(c) The Office of Security.
(d) The Office of the Area Auditor General/Washington.
1–212. Agencies or subdivisions under the operational jurisdiction of the Joint Chiefs of Staff (JCS).
(a) Intelligence Division (J–2), Headquarters Atlantic Command (LANTCOM).
(b) Atlantic Command Electronic Intelligence Center.
(c) Intelligence Directorate (J–2), Headquarters U.S. European Command (USEUCOM).
(d) Special Security Office (SSO), Headquarters U.S. European Command (USEUCOM).
(e) European Defense Analysis Center (EUDAC).
(f) Intelligence Directorate (J–2), Headquarters Pacific Command (PACOM).
(g) Intelligence Center Pacific (IPAC).
(h) Intelligence Directorate (J–2), Headquarters U.S. Southern Command (USSOUTHCOM).
(i) Intelligence Directorate (J–2), Headquarters U.S. Readiness Command (USREDCOM)/Joint Deployment Agency.
(j) Deputy Chief of Staff/Intelligence, Headquarters Strategic Air Command (SAC).
(k) 544th Strategic Intelligence Wing, Strategic Air Command (SAC).
(l) Deputy Chief of Staff/Intelligence, Headquarters 15th Air Force, Strategic Air Command (SAC).
(m) Deputy Chief of Staff/Intelligence, Headquarters 8th Air Force, Strategic Air Command (SAC).
(n) Strategic Reconnaissance Center, Headquarters Strategic Air Command (SAC).
(o) 6th Strategic Wing, Strategic Air Command (SAC).
(p) 9th Strategic Reconnaissance Wing, Strategic Air Command (SAC).
(q) 55th Strategic Reconnaissance Wing, Strategic Air Command (SAC).
(r) 306th Strategic Wing, Strategic Air Command (SAC).
(s) 376th Strategic Wing, Strategic Air Command (SAC).
(t) Deputy Chief of Staff/Operations Plans, Headquarters Strategic Air Command (SAC).
(u) The Joint Strategic Target Planning Staff (JSTPS).
(v) The Joint Special Operations Command (JSOC) and all elements under its operational control.
1–213. The subdivisions of the Federal Aviation Administration, Department of Transportation:
(a) Federal Air Marshal Branch, International Civil Aviation Security Division, Office of Civil Aviation Security.
(b) Units composed of Civil Aviation Security Inspectors in Civil Aviation Security divisions whose responsibilities require Federal air marshal functions.
1–214. Subdivisions of the National Preparedness Directorate of the Federal Emergency Management Agency.
(a) Office of Associate Director.
(b) Office of Analysis and Support.
(c) Office of Mobilization Preparedness.
(d) The following offices of the Office of Systems Engineering.
(1) Office of the Assistant Associate Director.
(2) NEMS–DCWS Program Office.
(3) Systems Design Division.
(4) Telecommunications Systems Development Division.
(5) Systems Support Division.
(e) The following offices of the Office of Operations.
(1) Office of the Assistant Associate Director.
(2) Planning Division.
(3) The following branches of the Readiness Division.
(A) Exercise Branch.
(B) Operations Branch.
(C) National Warning Center.
(D) Alternate National Warning Center.
(4) Mobile Emergency Response Support Operations Divisions.
(5) Federal Agency Support and Coordination Division.
(f) The following offices in the Office of Information Resource Management.
(1) Office of the Assistant Associate Director.
(2) Information Systems Policy, Planning and Evaluation Policy and Planning Branch.
(3) Information Systems Application Branch.
(4) EICC Support Center.
1–215. The Defense Mapping Agency Reston Center, Department of Defense.
1–3. Units Outside the 50 States and the District of Columbia
1–301. The Drug Enforcement Administration, Department of Justice.
Ex. Ord. No. 12391. Partial Suspension of Federal Service Labor-Management Relations
Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, provided:
By the authority vested in me as President by the Constitution and statutes of the United States of America, including
(a) The provisions of
(b) The provisions of
(c) The provisions of
(d) The provisions of
Ronald Reagan.
Ex. Ord. No. 12632. Exclusions From Federal Labor-Management Relations Program
Ex. Ord. No. 12632, Mar. 23, 1988, 53 F.R. 9852, provided:
By virtue of the authority vested in me as President by the Constitution and laws of the United States of America, including
(b) The Office of Special Operations, the Threat Analysis Group, the Enforcement Operations Division, the Witness Security Division and the Court Security Division in the Office of the Director and the Enforcement Division in Offices of the United States Marshals in the United States Marshals Service.
Ronald Reagan.
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a comma.
§7104. Federal Labor Relations Authority
(a) The Federal Labor Relations Authority is composed of three members, not more than 2 of whom may be adherents of the same political party. No member shall engage in any other business or employment or hold another office or position in the Government of the United States except as otherwise provided by law.
(b) Members of the Authority shall be appointed by the President by and with the advice and consent of the Senate, and may be removed by the President only upon notice and hearing and only for inefficiency, neglect of duty, or malfeasance in office. The President shall designate one member to serve as Chairman of the Authority. The Chairman is the chief executive and administrative officer of the Authority.
(c) A member of the Authority shall be appointed for a term of 5 years. An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. The term of any member shall not expire before the earlier of—
(1) the date on which the member's successor takes office, or
(2) the last day of the Congress beginning after the date on which the member's term of office would (but for this paragraph) expire.
(d) A vacancy in the Authority shall not impair the right of the remaining members to exercise all of the powers of the Authority.
(e) The Authority shall make an annual report to the President for transmittal to the Congress which shall include information as to the cases it has heard and the decisions it has rendered.
(f)(1) The General Counsel of the Authority shall be appointed by the President, by and with the advice and consent of the Senate, for a term of 5 years. The General Counsel may be removed at any time by the President. The General Counsel shall hold no other office or position in the Government of the United States except as provided by law.
(2) The General Counsel may—
(A) investigate alleged unfair labor practices under this chapter,
(B) file and prosecute complaints under this chapter, and
(C) exercise such other powers of the Authority as the Authority may prescribe.
(3) The General Counsel shall have direct authority over, and responsibility for, all employees in the office of General Counsel, including employees of the General Counsel in the regional offices of the Authority.
(Added
Amendments
1984—Subsec. (b).
Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§7105. Powers and duties of the Authority
(a)(1) The Authority shall provide leadership in establishing policies and guidance relating to matters under this chapter, and, except as otherwise provided, shall be responsible for carrying out the purpose of this chapter.
(2) The Authority shall, to the extent provided in this chapter and in accordance with regulations prescribed by the Authority—
(A) determine the appropriateness of units for labor organization representation under
(B) supervise or conduct elections to determine whether a labor organization has been selected as an exclusive representative by a majority of the employees in an appropriate unit and otherwise administer the provisions of
(C) prescribe criteria and resolve issues relating to the granting of national consultation rights under
(D) prescribe criteria and resolve issues relating to determining compelling need for agency rules or regulations under
(E) resolves issues relating to the duty to bargain in good faith under
(F) prescribe criteria relating to the granting of consultation rights with respect to conditions of employment under
(G) conduct hearings and resolve complaints of unfair labor practices under
(H) resolve exceptions to arbitrator's awards under
(I) take such other actions as are necessary and appropriate to effectively administer the provisions of this chapter.
(b) The Authority shall adopt an official seal which shall be judicially noticed.
(c) The principal office of the Authority shall be in or about the District of Columbia, but the Authority may meet and exercise any or all of its powers at any time or place. Except as otherwise expressly provided by law, the Authority may, by one or more of its members or by such agents as it may designate, make any appropriate inquiry necessary to carry out its duties wherever persons subject to this chapter are located. Any member who participates in the inquiry shall not be disqualified from later participating in a decision of the Authority in any case relating to the inquiry.
(d) The Authority shall appoint an Executive Director and such regional directors, administrative law judges under
(e)(1) The Authority may delegate to any regional director its authority under this chapter—
(A) to determine whether a group of employees is an appropriate unit;
(B) to conduct investigations and to provide for hearings;
(C) to determine whether a question of representation exists and to direct an election; and
(D) to supervise or conduct secret ballot elections and certify the results thereof.
(2) The Authority may delegate to any administrative law judge appointed under subsection (d) of this section its authority under
(f) If the Authority delegates any authority to any regional director or administrative law judge to take any action pursuant to subsection (e) of this section, the Authority may, upon application by any interested person filed within 60 days after the date of the action, review such action, but the review shall not, unless specifically ordered by the Authority, operate as a stay of action. The Authority may affirm, modify, or reverse any action reviewed under this subsection. If the Authority does not undertake to grant review of the action under this subsection within 60 days after the later of—
(1) the date of the action; or
(2) the date of the filing of any application under this subsection for review of the action;
the action shall become the action of the Authority at the end of such 60-day period.
(g) In order to carry out its functions under this chapter, the Authority may—
(1) hold hearings;
(2) administer oaths, take the testimony or deposition of any person under oath, and issue subpenas as provided in
(3) may require an agency or a labor organization to cease and desist from violations of this chapter and require it to take any remedial action it considers appropriate to carry out the policies of this chapter.
(h) Except as provided in
(i) In the exercise of the functions of the Authority under this title, the Authority may request from the Director of the Office of Personnel Management an advisory opinion concerning the proper interpretation of rules, regulations, or policy directives issued by the Office of Personnel Management in connection with any matter before the Authority.
(Added
Partial Suspension of Federal Service Labor-Management Relations
Subsec. (a)(2)(D), (E), (G), and (H) of this section suspended with respect to any matter which substantially impairs the implementation by the United States Forces of any treaty or agreement, including any minutes or understandings thereto, between the United States and the Government of the host nation, see section 1(a) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§7106. Management rights
(a) Subject to subsection (b) of this section, nothing in this chapter shall affect the authority of any management official of any agency—
(1) to determine the mission, budget, organization, number of employees, and internal security practices of the agency; and
(2) in accordance with applicable laws—
(A) to hire, assign, direct, layoff, and retain employees in the agency, or to suspend, remove, reduce in grade or pay, or take other disciplinary action against such employees;
(B) to assign work, to make determinations with respect to contracting out, and to determine the personnel by which agency operations shall be conducted;
(C) with respect to filling positions, to make selections for appointments from—
(i) among properly ranked and certified candidates for promotion; or
(ii) any other appropriate source; and
(D) to take whatever actions may be necessary to carry out the agency mission during emergencies.
(b) Nothing in this section shall preclude any agency and any labor organization from negotiating—
(1) at the election of the agency, on the numbers, types, and grades of employees or positions assigned to any organizational subdivision, work project, or tour of duty, or on the technology, methods, and means of performing work;
(2) procedures which management officials of the agency will observe in exercising any authority under this section; or
(3) appropriate arrangements for employees adversely affected by the exercise of any authority under this section by such management officials.
(Added
Section Referred to in Other Sections
This section is referred to in title 2 section 1351.
SUBCHAPTER II—RIGHTS AND DUTIES OF AGENCIES AND LABOR ORGANIZATIONS
§7111. Exclusive recognition of labor organizations
(a) An agency shall accord exclusive recognition to a labor organization if the organization has been selected as the representative, in a secret ballot election, by a majority of the employees in an appropriate unit who cast valid ballots in the election.
(b) If a petition is filed with the Authority—
(1) by any person alleging—
(A) in the case of an appropriate unit for which there is no exclusive representative, that 30 percent of the employees in the appropriate unit wish to be represented for the purpose of collective bargaining by an exclusive representative, or
(B) in the case of an appropriate unit for which there is an exclusive representative, that 30 percent of the employees in the unit allege that the exclusive representative is no longer the representative of the majority of the employees in the unit; or
(2) by any person seeking clarification of, or an amendment to, a certification then in effect or a matter relating to representation;
the Authority shall investigate the petition, and if it has reasonable cause to believe that a question of representation exists, it shall provide an opportunity for a hearing (for which a transcript shall be kept) after a reasonable notice. If the Authority finds on the record of the hearing that a question of representation exists, the Authority shall supervise or conduct an election on the question by secret ballot and shall certify the results thereof. An election under this subsection shall not be conducted in any appropriate unit or in any subdivision thereof within which, in the preceding 12 calendar months, a valid election under this subsection has been held.
(c) A labor organization which—
(1) has been designated by at least 10 percent of the employees in the unit specified in any petition filed pursuant to subsection (b) of this section;
(2) has submitted a valid copy of a current or recently expired collective bargaining agreement for the unit; or
(3) has submitted other evidence that it is the exclusive representative of the employees involved;
may intervene with respect to a petition filed pursuant to subsection (b) of this section and shall be placed on the ballot of any election under such subsection (b) with respect to the petition.
(d) The Authority shall determine who is eligible to vote in any election under this section and shall establish rules governing any such election, which shall include rules allowing employees eligible to vote the opportunity to choose—
(1) from labor organizations on the ballot, that labor organization which the employees wish to have represent them; or
(2) not to be represented by a labor organization.
In any election in which no choice on the ballot receives a majority of the votes cast, a runoff election shall be conducted between the two choices receiving the highest number of votes. A labor organization which receives the majority of the votes cast in an election shall be certified by the Authority as the exclusive representative.
(e) A labor organization seeking exclusive recognition shall submit to the Authority and the agency involved a roster of its officers and representatives, a copy of its constitution and bylaws, and a statement of its objectives.
(f) Exclusive recognition shall not be accorded to a labor organization—
(1) if the Authority determines that the labor organization is subject to corrupt influences or influences opposed to democratic principles;
(2) in the case of a petition filed pursuant to subsection (b)(1)(A) of this section, if there is not credible evidence that at least 30 percent of the employees in the unit specified in the petition wish to be represented for the purpose of collective bargaining by the labor organization seeking exclusive recognition;
(3) if there is then in effect a lawful written collective bargaining agreement between the agency involved and an exclusive representative (other than the labor organization seeking exclusive recognition) covering any employees included in the unit specified in the petition, unless—
(A) the collective bargaining agreement has been in effect for more than 3 years, or
(B) the petition for exclusive recognition is filed not more than 105 days and not less than 60 days before the expiration date of the collective bargaining agreement; or
(4) if the Authority has, within the previous 12 calendar months, conducted a secret ballot election for the unit described in any petition under this section and in such election a majority of the employees voting chose a labor organization for certification as the unit's exclusive representative.
(g) Nothing in this section shall be construed to prohibit the waiving of hearings by stipulation for the purpose of a consent election in conformity with regulations and rules or decisions of the Authority.
(Added
Section Referred to in Other Sections
This section is referred to in
§7112. Determination of appropriate units for labor organization representation
(a) The Authority shall determine the appropriateness of any unit. The Authority shall determine in each case whether, in order to ensure employees the fullest freedom in exercising the rights guaranteed under this chapter, the appropriate unit should be established on an agency, plant, installation, functional, or other basis and shall determine any unit to be an appropriate unit only if the determination will ensure a clear and identifiable community of interest among the employees in the unit and will promote effective dealings with, and efficiency of the operations of the agency involved.
(b) A unit shall not be determined to be appropriate under this section solely on the basis of the extent to which employees in the proposed unit have organized, nor shall a unit be determined to be appropriate if it includes—
(1) except as provided under
(2) a confidential employee;
(3) an employee engaged in personnel work in other than a purely clerical capacity;
(4) an employee engaged in administering the provisions of this chapter;
(5) both professional employees and other employees, unless a majority of the professional employees vote for inclusion in the unit;
(6) any employee engaged in intelligence, counterintelligence, investigative, or security work which directly affects national security; or
(7) any employee primarily engaged in investigation or audit functions relating to the work of individuals employed by an agency whose duties directly affect the internal security of the agency, but only if the functions are undertaken to ensure that the duties are discharged honestly and with integrity.
(c) Any employee who is engaged in administering any provision of law relating to labor-management relations may not be represented by a labor organization—
(1) which represents other individuals to whom such provision applies; or
(2) which is affiliated directly or indirectly with an organization which represents other individuals to whom such provision applies.
(d) Two or more units which are in an agency and for which a labor organization is the exclusive representative may, upon petition by the agency or labor organization, be consolidated with or without an election into a single larger unit if the Authority considers the larger unit to be appropriate. The Authority shall certify the labor organization as the exclusive representative of the new larger unit.
(Added
Amendments
1992—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§7113. National consultation rights
(a) If, in connection with any agency, no labor organization has been accorded exclusive recognition on an agency basis, a labor organization which is the exclusive representative of a substantial number of the employees of the agency, as determined in accordance with criteria prescribed by the Authority, shall be granted national consultation rights by the agency. National consultation rights shall terminate when the labor organization no longer meets the criteria prescribed by the Authority. Any issue relating to any labor organization's eligibility for, or continuation of, national consultation rights shall be subject to determination by the Authority.
(b)(1) Any labor organization having national consultation rights in connection with any agency under subsection (a) of this section shall—
(A) be informed of any substantive change in conditions of employment proposed by the agency, and
(B) be permitted reasonable time to present its views and recommendations regarding the changes.
(2) If any views or recommendations are presented under paragraph (1) of this subsection to an agency by any labor organization—
(A) the agency shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented; and
(B) the agency shall provide the labor organization a written statement of the reasons for taking the final action.
(c) Nothing in this section shall be construed to limit the right of any agency or exclusive representative to engage in collective bargaining.
(Added
Amendments
1992—Subsec. (a).
Section Referred to in Other Sections
This section is referred to in
§7114. Representation rights and duties
(a)(1) A labor organization which has been accorded exclusive recognition is the exclusive representative of the employees in the unit it represents and is entitled to act for, and negotiate collective bargaining agreements covering, all employees in the unit. An exclusive representative is responsible for representing the interests of all employees in the unit it represents without discrimination and without regard to labor organization membership.
(2) An exclusive representative of an appropriate unit in an agency shall be given the opportunity to be represented at—
(A) any formal discussion between one or more representatives of the agency and one or more employees in the unit or their representatives concerning any grievance or any personnel policy or practices or other general condition of employment; or
(B) any examination of an employee in the unit by a representative of the agency in connection with an investigation if—
(i) the employee reasonably believes that the examination may result in disciplinary action against the employee; and
(ii) the employee requests representation.
(3) Each agency shall annually inform its employees of their rights under paragraph (2)(B) of this subsection.
(4) Any agency and any exclusive representative in any appropriate unit in the agency, through appropriate representatives, shall meet and negotiate in good faith for the purposes of arriving at a collective bargaining agreement. In addition, the agency and the exclusive representative may determine appropriate techniques, consistent with the provisions of
(5) The rights of an exclusive representative under the provisions of this subsection shall not be construed to preclude an employee from—
(A) being represented by an attorney or other representative, other than the exclusive representative, of the employee's own choosing in any grievance or appeal action; or
(B) exercising grievance or appellate rights established by law, rule, or regulation;
except in the case of grievance or appeal procedures negotiated under this chapter.
(b) The duty of an agency and an exclusive representative to negotiate in good faith under subsection (a) of this section shall include the obligation—
(1) to approach the negotiations with a sincere resolve to reach a collective bargaining agreement;
(2) to be represented at the negotiations by duly authorized representatives prepared to discuss and negotiate on any condition of employment;
(3) to meet at reasonable times and convenient places as frequently as may be necessary, and to avoid unnecessary delays;
(4) in the case of an agency, to furnish to the exclusive representative involved, or its authorized representative, upon request and, to the extent not prohibited by law, data—
(A) which is normally maintained by the agency in the regular course of business;
(B) which is reasonably available and necessary for full and proper discussion, understanding, and negotiation of subjects within the scope of collective bargaining; and
(C) which does not constitute guidance, advice, counsel, or training provided for management officials or supervisors, relating to collective bargaining; and
(5) if agreement is reached, to execute on the request of any party to the negotiation a written document embodying the agreed terms, and to take such steps as are necessary to implement such agreement.
(c)(1) An agreement between any agency and an exclusive representative shall be subject to approval by the head of the agency.
(2) The head of the agency shall approve the agreement within 30 days from the date the agreement is executed if the agreement is in accordance with the provisions of this chapter and any other applicable law, rule, or regulation (unless the agency has granted an exception to the provision).
(3) If the head of the agency does not approve or disapprove the agreement within the 30-day period, the agreement shall take effect and shall be binding on the agency and the exclusive representative subject to the provisions of this chapter and any other applicable law, rule, or regulation.
(4) A local agreement subject to a national or other controlling agreement at a higher level shall be approved under the procedures of the controlling agreement or, if none, under regulations prescribed by the agency.
(Added
Partial Suspension of Federal Service Labor-Management Relations
Subsec. (a)(1) and (4) of this section suspended with respect to any matter proposed for bargaining which would substantially impair the implementation by the United States Forces of any treaty or agreement, including any minutes or understandings thereto, between the United States and the Government of the host nation, see section 1(b) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under
Section Referred to in Other Sections
This section is referred to in title 2 section 1351.
§7115. Allotments to representatives
(a) If an agency has received from an employee in an appropriate unit a written assignment which authorizes the agency to deduct from the pay of the employee amounts for the payment of regular and periodic dues of the exclusive representative of the unit, the agency shall honor the assignment and make an appropriate allotment pursuant to the assignment. Any such allotment shall be made at no cost to the exclusive representative or the employee. Except as provided under subsection (b) of this section, any such assignment may not be revoked for a period of 1 year.
(b) An allotment under subsection (a) of this section for the deduction of dues with respect to any employee shall terminate when—
(1) the agreement between the agency and the exclusive representative involved ceases to be applicable to the employee; or
(2) the employee is suspended or expelled from membership in the exclusive representative.
(c)(1) Subject to paragraph (2) of this subsection, if a petition has been filed with the Authority by a labor organization alleging that 10 percent of the employees in an appropriate unit in an agency have membership in the labor organization, the Authority shall investigate the petition to determine its validity. Upon certification by the Authority of the validity of the petition, the agency shall have a duty to negotiate with the labor organization solely concerning the deduction of dues of the labor organization from the pay of the members of the labor organization who are employees in the unit and who make a voluntary allotment for such purpose.
(2)(A) The provisions of paragraph (1) of this subsection shall not apply in the case of any appropriate unit for which there is an exclusive representative.
(B) Any agreement under paragraph (1) of this subsection between a labor organization and an agency with respect to an appropriate unit shall be null and void upon the certification of an exclusive representative of the unit.
(Added
Section Referred to in Other Sections
This section is referred to in title 2 section 1351.
§7116. Unfair labor practices
(a) For the purpose of this chapter, it shall be an unfair labor practice for an agency—
(1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter;
(2) to encourage or discourage membership in any labor organization by discrimination in connection with hiring, tenure, promotion, or other conditions of employment;
(3) to sponsor, control, or otherwise assist any labor organization, other than to furnish, upon request, customary and routine services and facilities if the services and facilities are also furnished on an impartial basis to other labor organizations having equivalent status;
(4) to discipline or otherwise discriminate against an employee because the employee has filed a complaint, affidavit, or petition, or has given any information or testimony under this chapter;
(5) to refuse to consult or negotiate in good faith with a labor organization as required by this chapter;
(6) to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this chapter;
(7) to enforce any rule or regulation (other than a rule or regulation implementing
(8) to otherwise fail or refuse to comply with any provision of this chapter.
(b) For the purpose of this chapter, it shall be an unfair labor practice for a labor organization—
(1) to interfere with, restrain, or coerce any employee in the exercise by the employee of any right under this chapter;
(2) to cause or attempt to cause an agency to discriminate against any employee in the exercise by the employee of any right under this chapter;
(3) to coerce, discipline, fine, or attempt to coerce a member of the labor organization as punishment, reprisal, or for the purpose of hindering or impeding the member's work performance or productivity as an employee or the discharge of the member's duties as an employee;
(4) to discriminate against an employee with regard to the terms or conditions of membership in the labor organization on the basis of race, color, creed, national origin, sex, age, preferential or nonpreferential civil service status, political affiliation, marital status, or handicapping condition;
(5) to refuse to consult or negotiate in good faith with an agency as required by this chapter;
(6) to fail or refuse to cooperate in impasse procedures and impasse decisions as required by this chapter;
(7)(A) to call, or participate in, a strike, work stoppage, or slowdown, or picketing of an agency in a labor-management dispute if such picketing interferes with an agency's operations, or
(B) to condone any activity described in subparagraph (A) of this paragraph by failing to take action to prevent or stop such activity; or
(8) to otherwise fail or refuse to comply with any provision of this chapter.
Nothing in paragraph (7) of this subsection shall result in any informational picketing which does not interfere with an agency's operations being considered as an unfair labor practice.
(c) For the purpose of this chapter it shall be an unfair labor practice for an exclusive representative to deny membership to any employee in the appropriate unit represented by such exclusive representative except for failure—
(1) to meet reasonable occupational standards uniformly required for admission, or
(2) to tender dues uniformly required as a condition of acquiring and retaining membership.
This subsection does not preclude any labor organization from enforcing discipline in accordance with procedures under its constitution or bylaws to the extent consistent with the provisions of this chapter.
(d) Issues which can properly be raised under an appeals procedure may not be raised as unfair labor practices prohibited under this section. Except for matters wherein, under section 7121(e) and (f) of this title, an employee has an option of using the negotiated grievance procedure or an appeals procedure, issues which can be raised under a grievance procedure may, in the discretion of the aggrieved party, be raised under the grievance procedure or as an unfair labor practice under this section, but not under both procedures.
(e) The expression of any personal view, argument, opinion or the making of any statement which—
(1) publicizes the fact of a representational election and encourages employees to exercise their right to vote in such election,
(2) corrects the record with respect to any false or misleading statement made by any person, or
(3) informs employees of the Government's policy relating to labor-management relations and representation,
shall not, if the expression contains no threat of reprisal or force or promise of benefit or was not made under coercive conditions, (A) constitute an unfair labor practice under any provision of this chapter, or (B) constitute grounds for the setting aside of any election conducted under any provisions of this chapter.
(Added
Partial Suspension of Federal Service Labor-Management Relations
Subsec. (a)(5) of this section suspended with respect to any matter proposed for bargaining which would substantially impair the implementation by the United States Forces, and subsec. (a)(7) of this section suspended with regard to any regulation governing the implementation by the United States Forces, of any treaty or agreement, including any minutes or understandings thereto, between the United States and the Government of the host nation, see section 1(b), (c) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§7117. Duty to bargain in good faith; compelling need; duty to consult
(a)(1) Subject to paragraph (2) of this subsection, the duty to bargain in good faith shall, to the extent not inconsistent with any Federal law or any Government-wide rule or regulation, extend to matters which are the subject of any rule or regulation only if the rule or regulation is not a Government-wide rule or regulation.
(2) The duty to bargain in good faith shall, to the extent not inconsistent with Federal law or any Government-wide rule or regulation, extend to matters which are the subject of any agency rule or regulation referred to in paragraph (3) of this subsection only if the Authority has determined under subsection (b) of this section that no compelling need (as determined under regulations prescribed by the Authority) exists for the rule or regulation.
(3) Paragraph (2) of the subsection applies to any rule or regulation issued by any agency or issued by any primary national subdivision of such agency, unless an exclusive representative represents an appropriate unit including not less than a majority of the employees in the issuing agency or primary national subdivision, as the case may be, to whom the rule or regulation is applicable.
(b)(1) In any case of collective bargaining in which an exclusive representative alleges that no compelling need exists for any rule or regulation referred to in subsection (a)(3) of this section which is then in effect and which governs any matter at issue in such collective bargaining, the Authority shall determine under paragraph (2) of this subsection, in accordance with regulations prescribed by the Authority, whether such a compelling need exists.
(2) For the purpose of this section, a compelling need shall be determined not to exist for any rule or regulation only if—
(A) the agency, or primary national subdivision, as the case may be, which issued the rule or regulation informs the Authority in writing that a compelling need for the rule or regulation does not exist; or
(B) the Authority determines that a compelling need for a rule or regulation does not exist.
(3) A hearing may be held, in the discretion of the Authority, before a determination is made under this subsection. If a hearing is held, it shall be expedited to the extent practicable and shall not include the General Counsel as a party.
(4) The agency, or primary national subdivision, as the case may be, which issued the rule or regulation shall be a necessary party at any hearing under this subsection.
(c)(1) Except in any case to which subsection (b) of this section applies, if an agency involved in collective bargaining with an exclusive representative alleges that the duty to bargain in good faith does not extend to any matter, the exclusive representative may appeal the allegation to the Authority in accordance with the provisions of this subsection.
(2) The exclusive representative may, on or before the 15th day after the date on which the agency first makes the allegation referred to in paragraph (1) of this subsection, institute an appeal under this subsection by—
(A) filing a petition with the Authority; and
(B) furnishing a copy of the petition to the head of the agency.
(3) On or before the 30th day after the date of the receipt by the head of the agency of the copy of the petition under paragraph (2)(B) of this subsection, the agency shall—
(A) file with the Authority a statement—
(i) withdrawing the allegation; or
(ii) setting forth in full its reasons supporting the allegation; and
(B) furnish a copy of such statement to the exclusive representative.
(4) On or before the 15th day after the date of the receipt by the exclusive representative of a copy of a statement under paragraph (3)(B) of this subsection, the exclusive representative shall file with the Authority its response to the statement.
(5) A hearing may be held in the discretion of the Authority, before a determination is made under this subsection. If a hearing is held, it shall not include the General Counsel as a party.
(6) The Authority shall expedite proceedings under this subsection to the extent practicable and shall issue to the exclusive representative and to the agency a written decision on the allegation and specific reasons therefore at the earliest practicable date.
(d)(1) A labor organization which is the exclusive representative of a substantial number of employees, determined in accordance with criteria prescribed by the Authority, shall be granted consultation rights by any agency with respect to any Government-wide rule or regulation issued by the agency effecting any substantive change in any condition of employment. Such consultation rights shall terminate when the labor organization no longer meets the criteria prescribed by the Authority. Any issue relating to a labor organization's eligibility for, or continuation of, such consultation rights shall be subject to determination by the Authority.
(2) A labor organization having consultation rights under paragraph (1) of this subsection shall—
(A) be informed of any substantive change in conditions of employment proposed by the agency, and
(B) shall be permitted reasonable time to present its views and recommendations regarding the changes.
(3) If any views or recommendations are presented under paragraph (2) of this subsection to an agency by any labor organization—
(A) the agency shall consider the views or recommendations before taking final action on any matter with respect to which the views or recommendations are presented; and
(B) the agency shall provide the labor organization a written statement of the reasons for taking the final action.
(Added
Partial Suspension of Federal Service Labor-Management Relations
Subsec. (b) of this section suspended with regard to any regulation governing the implementation by the United States Forces, and subsec. (c) of this section suspended with respect to any matter proposed for bargaining which would substantially impair the implementation by the United States Forces, of any treaty or agreement, including any minutes or understandings thereto, between the United States and the Government of the host nation, see section 1(b), (c) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§7118. Prevention of unfair labor practices
(a)(1) If any agency or labor organization is charged by any person with having engaged in or engaging in an unfair labor practice, the General Counsel shall investigate the charge and may issue and cause to be served upon the agency or labor organization a complaint. In any case in which the General Counsel does not issue a complaint because the charge fails to state an unfair labor practice, the General Counsel shall provide the person making the charge a written statement of the reasons for not issuing a complaint.
(2) Any complaint under paragraph (1) of this subsection shall contain a notice—
(A) of the charge;
(B) that a hearing will be held before the Authority (or any member thereof or before an individual employed by the authority and designated for such purpose); and
(C) of the time and place fixed for the hearing.
(3) The labor organization or agency involved shall have the right to file an answer to the original and any amended complaint and to appear in person or otherwise and give testimony at the time and place fixed in the complaint for the hearing.
(4)(A) Except as provided in subparagraph (B) of this paragraph, no complaint shall be issued based on any alleged unfair labor practice which occurred more than 6 months before the filing of the charge with the Authority.
(B) If the General Counsel determines that the person filing any charge was prevented from filing the charge during the 6-month period referred to in subparagraph (A) of this paragraph by reason of—
(i) any failure of the agency or labor organization against which the charge is made to perform a duty owed to the person, or
(ii) any concealment which prevented discovery of the alleged unfair labor practice during the 6-month period,
the General Counsel may issue a complaint based on the charge if the charge was filed during the 6-month period beginning on the day of the discovery by the person of the alleged unfair labor practice.
(5) The General Counsel may prescribe regulations providing for informal methods by which the alleged unfair labor practice may be resolved prior to the issuance of a complaint.
(6) The Authority (or any member thereof or any individual employed by the Authority and designated for such purpose) shall conduct a hearing on the complaint not earlier than 5 days after the date on which the complaint is served. In the discretion of the individual or individuals conducting the hearing, any person involved may be allowed to intervene in the hearing and to present testimony. Any such hearing shall, to the extent practicable, be conducted in accordance with the provisions of subchapter II of
(7) If the Authority (or any member thereof or any individual employed by the Authority and designated for such purpose) determines after any hearing on a complaint under paragraph (5) of this subsection that the preponderance of the evidence received demonstrates that the agency or labor organization named in the complaint has engaged in or is engaging in an unfair labor practice, then the individual or individuals conducting the hearing shall state in writing their findings of fact and shall issue and cause to be served on the agency or labor organization an order—
(A) to cease and desist from any such unfair labor practice in which the agency or labor organization is engaged;
(B) requiring the parties to renegotiate a collective bargaining agreement in accordance with the order of the Authority and requiring that the agreement, as amended, be given retroactive effect;
(C) requiring reinstatement of an employee with backpay in accordance with
(D) including any combination of the actions described in subparagraphs (A) through (C) of this paragraph or such other action as will carry out the purpose of this chapter.
If any such order requires reinstatement of an employee with backpay, backpay may be required of the agency (as provided in
(8) If the individual or individuals conducting the hearing determine that the preponderance of the evidence received fails to demonstrate that the agency or labor organization named in the complaint has engaged in or is engaging in an unfair labor practice, the individual or individuals shall state in writing their findings of fact and shall issue an order dismissing the complaint.
(b) In connection with any matter before the Authority in any proceeding under this section, the Authority may request, in accordance with the provisions of
(Added
Section Referred to in Other Sections
This section is referred to in
§7119. Negotiation impasses; Federal Service Impasses Panel
(a) The Federal Mediation and Conciliation Service shall provide services and assistance to agencies and exclusive representatives in the resolution of negotiation impasses. The Service shall determine under what circumstances and in what manner it shall provide services and assistance.
(b) If voluntary arrangements, including the services of the Federal Mediation and Conciliation Service or any other third-party mediation, fail to resolve a negotiation impasse—
(1) either party may request the Federal Service Impasses Panel to consider the matter, or
(2) the parties may agree to adopt a procedure for binding arbitration of the negotiation impasse, but only if the procedure is approved by the Panel.
(c)(1) The Federal Service Impasses Panel is an entity within the Authority, the function of which is to provide assistance in resolving negotiation impasses between agencies and exclusive representatives.
(2) The Panel shall be composed of a Chairman and at least six other members, who shall be appointed by the President, solely on the basis of fitness to perform the duties and functions involved, from among individuals who are familiar with Government operations and knowledgeable in labor-management relations.
(3) Of the original members of the Panel, 2 members shall be appointed for a term of 1 year, 2 members shall be appointed for a term of 3 years, and the Chairman and the remaining members shall be appointed for a term of 5 years. Thereafter each member shall be appointed for a term of 5 years, except that an individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced. Any member of the Panel may be removed by the President.
(4) The Panel may appoint an Executive Director and any other individuals it may from time to time find necessary for the proper performance of its duties. Each member of the Panel who is not an employee (as defined in
(5)(A) The Panel or its designee shall promptly investigate any impasse presented to it under subsection (b) of this section. The Panel shall consider the impasse and shall either—
(i) recommend to the parties procedures for the resolution of the impasse; or
(ii) assist the parties in resolving the impasse through whatever methods and procedures, including factfinding and recommendations, it may consider appropriate to accomplish the purpose of this section.
(B) If the parties do not arrive at a settlement after assistance by the Panel under subparagraph (A) of this paragraph, the Panel may—
(i) hold hearings;
(ii) administer oaths, take the testimony or deposition of any person under oath, and issue subpenas as provided in
(iii) take whatever action is necessary and not inconsistent with this chapter to resolve the impasse.
(C) Notice of any final action of the Panel under this section shall be promptly served upon the parties, and the action shall be binding on such parties during the term of the agreement, unless the parties agree otherwise.
(Added
References in Text
The General Schedule, referred to in subsec. (c)(4), is set out under
Section Referred to in Other Sections
This section is referred to in
§7120. Standards of conduct for labor organizations
(a) An agency shall only accord recognition to a labor organization that is free from corrupt influences and influences opposed to basic democratic principles. Except as provided in subsection (b) of this section, an organization is not required to prove that it is free from such influences if it is subject to governing requirements adopted by the organization or by a national or international labor organization or federation of labor organizations with which it is affiliated, or in which it participates, containing explicit and detailed provisions to which it subscribes calling for—
(1) the maintenance of democratic procedures and practices including provisions for periodic elections to be conducted subject to recognized safeguards and provisions defining and securing the right of individual members to participate in the affairs of the organization, to receive fair and equal treatment under the governing rules of the organization, and to receive fair process in disciplinary proceedings;
(2) the exclusion from office in the organization of persons affiliated with communist or other totalitarian movements and persons identified with corrupt influences;
(3) the prohibition of business or financial interests on the part of organization officers and agents which conflict with their duty to the organization and its members; and
(4) the maintenance of fiscal integrity in the conduct of the affairs of the organization, including provisions for accounting and financial controls and regular financial reports or summaries to be made available to members.
(b) Notwithstanding the fact that a labor organization has adopted or subscribed to standards of conduct as provided in subsection (a) of this section, the organization is required to furnish evidence of its freedom from corrupt influences or influences opposed to basic democratic principles if there is reasonable cause to believe that—
(1) the organization has been suspended or expelled from, or is subject to other sanction, by a parent labor organization, or federation of organizations with which it had been affiliated, because it has demonstrated an unwillingness or inability to comply with governing requirements comparable in purpose to those required by subsection (a) of this section; or
(2) the organization is in fact subject to influences that would preclude recognition under this chapter.
(c) A labor organization which has or seeks recognition as a representative of employees under this chapter shall file financial and other reports with the Assistant Secretary of Labor for Labor Management Relations, provide for bonding of officials and employees of the organization, and comply with trusteeship and election standards.
(d) The Assistant Secretary shall prescribe such regulations as are necessary to carry out the purposes of this section. Such regulations shall conform generally to the principles applied to labor organizations in the private sector. Complaints of violations of this section shall be filed with the Assistant Secretary. In any matter arising under this section, the Assistant Secretary may require a labor organization to cease and desist from violations of this section and require it to take such actions as he considers appropriate to carry out the policies of this section.
(e) This chapter does not authorize participation in the management of a labor organization or acting as a representative of a labor organization by a management official, a supervisor, or a confidential employee, except as specifically provided in this chapter, or by an employee if the participation or activity would result in a conflict or apparent conflict of interest or would otherwise be incompatible with law or with the official duties of the employee.
(f) In the case of any labor organization which by omission or commission has willfully and intentionally, with regard to any strike, work stoppage, or slowdown, violated
(1) revoke the exclusive recognition status of the labor organization, which shall then immediately cease to be legally entitled and obligated to represent employees in the unit; or
(2) take any other appropriate disciplinary action.
(Added
Section Referred to in Other Sections
This section is referred to in title 2 section 1351; title 7 section 7011.
SUBCHAPTER III—GRIEVANCES, APPEALS, AND REVIEW
Amendments
1979—
§7121. Grievance procedures
(a)(1) Except as provided in paragraph (2) of this subsection, any collective bargaining agreement shall provide procedures for the settlement of grievances, including questions of arbitrability. Except as provided in subsections (d), (e), and (g) of this section, the procedures shall be the exclusive administrative procedures for resolving grievances which fall within its coverage.
(2) Any collective bargaining agreement may exclude any matter from the application of the grievance procedures which are provided for in the agreement.
(b)(1) Any negotiated grievance procedure referred to in subsection (a) of this section shall—
(A) be fair and simple,
(B) provide for expeditious processing, and
(C) include procedures that—
(i) assure an exclusive representative the right, in its own behalf or on behalf of any employee in the unit represented by the exclusive representative, to present and process grievances;
(ii) assure such an employee the right to present a grievance on the employee's own behalf, and assure the exclusive representative the right to be present during the grievance proceeding; and
(iii) provide that any grievance not satisfactorily settled under the negotiated grievance procedure shall be subject to binding arbitration which may be invoked by either the exclusive representative or the agency.
(2)(A) The provisions of a negotiated grievance procedure providing for binding arbitration in accordance with paragraph (1)(C)(iii) shall, if or to the extent that an alleged prohibited personnel practice is involved, allow the arbitrator to order—
(i) a stay of any personnel action in a manner similar to the manner described in section 1221(c) with respect to the Merit Systems Protection Board; and
(ii) the taking, by an agency, of any disciplinary action identified under section 1215(a)(3) that is otherwise within the authority of such agency to take.
(B) Any employee who is the subject of any disciplinary action ordered under subparagraph (A)(ii) may appeal such action to the same extent and in the same manner as if the agency had taken the disciplinary action absent arbitration.
(c) The preceding subsections of this section shall not apply with respect to any grievance concerning—
(1) any claimed violation of subchapter III of
(2) retirement, life insurance, or health insurance;
(3) a suspension or removal under
(4) any examination, certification, or appointment; or
(5) the classification of any position which does not result in the reduction in grade or pay of an employee.
(d) An aggrieved employee affected by a prohibited personnel practice under
(e)(1) Matters covered under
(2) In matters covered under
(f) In matters covered under
(g)(1) This subsection applies with respect to a prohibited personnel practice other than a prohibited personnel practice to which subsection (d) applies.
(2) An aggrieved employee affected by a prohibited personnel practice described in paragraph (1) may elect not more than one of the remedies described in paragraph (3) with respect thereto. For purposes of the preceding sentence, a determination as to whether a particular remedy has been elected shall be made as set forth under paragraph (4).
(3) The remedies described in this paragraph are as follows:
(A) An appeal to the Merit Systems Protection Board under section 7701.
(B) A negotiated grievance procedure under this section.
(C) Procedures for seeking corrective action under subchapters II and III of
(4) For the purpose of this subsection, a person shall be considered to have elected—
(A) the remedy described in paragraph (3)(A) if such person has timely filed a notice of appeal under the applicable appellate procedures;
(B) the remedy described in paragraph (3)(B) if such person has timely filed a grievance in writing, in accordance with the provisions of the parties' negotiated procedure; or
(C) the remedy described in paragraph (3)(C) if such person has sought corrective action from the Office of Special Counsel by making an allegation under section 1214(a)(1).
(h) Settlements and awards under this chapter shall be subject to the limitations in
(Added
Amendments
1998—Subsec. (h).
1994—Subsec. (a)(1).
Subsec. (b).
Subsec. (g).
Partial Suspension of Federal Service Labor-Management Relations
Subsec. (b)(3)(C) of this section suspended with respect to any grievance involving the implementation by the United States Forces of any treaty or agreement, including any minutes or understandings thereto, between the United States and the Government of the host nation, see section 1(d) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under
Section Referred to in Other Sections
This section is referred to in
§7122. Exceptions to arbitral awards
(a) Either party to arbitration under this chapter may file with the Authority an exception to any arbitrator's award pursuant to the arbitration (other than an award relating to a matter described in
(1) because it is contrary to any law, rule, or regulation; or
(2) on other grounds similar to those applied by Federal courts in private sector labor-management relations;
the Authority may take such action and make such recommendations concerning the award as it considers necessary, consistent with applicable laws, rules, or regulations.
(b) If no exception to an arbitrator's award is filed under subsection (a) of this section during the 30-day period beginning on the date the award is served on the party, the award shall be final and binding. An agency shall take the actions required by an arbitrator's final award. The award may include the payment of backpay (as provided in
(Added
Amendments
1984—Subsec. (b).
Section Referred to in Other Sections
This section is referred to in
§7123. Judicial review; enforcement
(a) Any person aggrieved by any final order of the Authority other than an order under—
(1)
(2)
may, during the 60-day period beginning on the date on which the order was issued, institute an action for judicial review of the Authority's order in the United States court of appeals in the circuit in which the person resides or transacts business or in the United States Court of Appeals for the District of Columbia.
(b) The Authority may petition any appropriate United States court of appeals for the enforcement of any order of the Authority and for appropriate temporary relief or restraining order.
(c) Upon the filing of a petition under subsection (a) of this section for judicial review or under subsection (b) of this section for enforcement, the Authority shall file in the court the record in the proceedings, as provided in
(d) The Authority may, upon issuance of a complaint as provided in
(Added
Partial Suspension of Federal Service Labor-Management Relations
Subsec. (b) of this section suspended with respect to any matter which substantially impairs the implementation by the United States Forces of any treaty or agreement, including any minutes or understandings thereto, between the United States and the Government of the host nation, see section 1(a) of Ex. Ord. No. 12391, Nov. 4, 1982, 47 F.R. 50457, set out as a note under
Section Referred to in Other Sections
This section is referred to in title 2 section 1351; title 3 section 431; title 22 section 4109; title 28 section 1296; title 38 section 7422.
SUBCHAPTER IV—ADMINISTRATIVE AND OTHER PROVISIONS
§7131. Official time
(a) Any employee representing an exclusive representative in the negotiation of a collective bargaining agreement under this chapter shall be authorized official time for such purposes, including attendance at impasse proceeding, during the time the employee otherwise would be in a duty status. The number of employees for whom official time is authorized under this subsection shall not exceed the number of individuals designated as representing the agency for such purposes.
(b) Any activities performed by any employee relating to the internal business of a labor organization (including the solicitation of membership, elections of labor organization officials, and collection of dues) shall be performed during the time the employee is in a non-duty status.
(c) Except as provided in subsection (a) of this section, the Authority shall determine whether any employee participating for, or on behalf of, a labor organization in any phase of proceedings before the Authority shall be authorized official time for such purpose during the time the employee otherwise would be in a duty status.
(d) Except as provided in the preceding subsections of this section—
(1) any employee representing an exclusive representative, or
(2) in connection with any other matter covered by this chapter, any employee in an appropriate unit represented by an exclusive representative,
shall be granted official time in any amount the agency and the exclusive representative involved agree to be reasonable, necessary, and in the public interest.
(Added
Section Referred to in Other Sections
This section is referred to in title 2 section 1351.
§7132. Subpenas
(a) Any member of the Authority, the General Counsel, or the Panel, any administrative law judge appointed by the Authority under
(1) issue subpenas requiring the attendance and testimony of witnesses and the production of documentary or other evidence from any place in the United States; and
(2) administer oaths, take or order the taking of depositions, order responses to written interrogatories, examine witnesses, and receive evidence.
No subpena shall be issued under this section which requires the disclosure of intramanagement guidance, advice, counsel, or training within an agency or between an agency and the Office of Personnel Management.
(b) In the case of contumacy or failure to obey a subpena issued under subsection (a)(1) of this section, the United States district court for the judicial district in which the person to whom the subpena is addressed resides or is served may issue an order requiring such person to appear at any designated place to testify or to produce documentary or other evidence. Any failure to obey the order of the court may be punished by the court as a contempt thereof.
(c) Witnesses (whether appearing voluntarily or under subpena) shall be paid the same fee and mileage allowances which are paid subpenaed witnesses in the courts of the United States.
(Added
Section Referred to in Other Sections
This section is referred to in
§7133. Compilation and publication of data
(a) The Authority shall maintain a file of its proceedings and copies of all available agreements and arbitration decisions, and shall publish the texts of its decisions and the actions taken by the Panel under
(b) All files maintained under subsection (a) of this section shall be open to inspection and reproduction in accordance with the provisions of
(Added
§7134. Regulations
The Authority, the General Counsel, the Federal Mediation and Conciliation Service, the Assistant Secretary of Labor for Labor Management Relations, and the Panel shall each prescribe rules and regulations to carry out the provisions of this chapter applicable to each of them, respectively. Provisions of subchapter II of
(Added
§7135. Continuation of existing laws, recognitions, agreements, and procedures
(a) Nothing contained in this chapter shall preclude—
(1) the renewal or continuation of an exclusive recognition, certification of an exclusive representative, or a lawful agreement between an agency and an exclusive representative of its employees, which is entered into before the effective date of this chapter; or
(2) the renewal, continuation, or initial according of recognition for units of management officials or supervisors represented by labor organizations which historically or traditionally represent management officials or supervisors in private industry and which hold exclusive recognition for units of such officials or supervisors in any agency on the effective date of this chapter.
(b) Policies, regulations, and procedures established under and decisions issued under Executive Orders 11491, 11616, 11636, 11787, and 11838, or under any other Executive order, as in effect on the effective date of this chapter, shall remain in full force and effect until revised or revoked by the President, or unless superseded by specific provisions of this chapter or by regulations or decisions issued pursuant to this chapter.
(Added
References in Text
For the effective date of this chapter, referred to in text, as 90 days after the date of the enactment of
Executive Orders 11491, 11616, 11636, and 11838, referred to in subsec. (b), are set out as notes under
Executive Order 11787, referred to in subsec. (b), which was set out as a note under
Section Referred to in Other Sections
This section is referred to in
[§§7151 to 7154. Transferred]
Codification
Section 7151,
Section 7152,
Section 7153,
Section 7154,
CHAPTER 72 —ANTIDISCRIMINATION; RIGHT TO PETITION CONGRESS
SUBCHAPTER I—ANTIDISCRIMINATION IN EMPLOYMENT
SUBCHAPTER II—EMPLOYEES' RIGHT TO PETITION CONGRESS
Amendments
1978—
Chapter Referred to in Other Sections
This chapter is referred to in title 39 section 410.
SUBCHAPTER I—ANTIDISCRIMINATION IN EMPLOYMENT
Amendments
1979—
§7201. Antidiscrimination policy; minority recruitment program
(a) For the purpose of this section—
(1) "underrepresentation" means a situation in which the number of members of a minority group designation (determined by the Equal Employment Opportunity Commission in consultation with the Office of Personnel Management, on the basis of the policy set forth in subsection (b) of this section) within a category of civil service employment constitutes a lower percentage of the total number of employees within the employment category than the percentage that the minority constituted within the labor force of the United States, as determined under the most recent decennial or mid-decade census, or current population survey, under title 13, and
(2) "category of civil service employment" means—
(A) each grade of the General Schedule described in
(B) each position subject to subchapter IV of
(C) such occupational, professional, or other groupings (including occupational series) within the categories established under subparagraphs (A) and (B) of this paragraph as the Office determines appropriate.
(b) It is the policy of the United States to insure equal employment opportunities for employees without discrimination because of race, color, religion, sex, or national origin. The President shall use his existing authority to carry out this policy.
(c) Not later than 180 days after the date of the enactment of the Civil Service Reform Act of 1978, the Office of Personnel Management shall, by regulation, implement a minority recruitment program which shall provide, to the maximum extent practicable—
(1) that each Executive agency conduct a continuing program for the recruitment of members of minorities for positions in the agency to carry out the policy set forth in subsection (b) in a manner designed to eliminate underrepresentation of minorities in the various categories of civil service employment within the Federal service, with special efforts directed at recruiting in minority communities, in educational institutions, and from other sources from which minorities can be recruited; and
(2) that the Office conduct a continuing program of—
(A) assistance to agencies in carrying out programs under paragraph (1) of this subsection, and
(B) evaluation and oversight and such recruitment programs to determine their effectiveness in eliminating such minority underrepresentation.
(d) Not later than 60 days after the date of the enactment of the Civil Service Reform Act of 1978, the Equal Employment Opportunity Commission shall—
(1) establish the guidelines proposed to be used in carrying out the program required under subsection (c) of this section; and
(2) make determinations of underrepresentation which are proposed to be used initially under such program; and
(3) transmit to the Executive agencies involved, to the Office of Personnel Management, and to the Congress the determinations made under paragraph (2) of this subsection.
(e) Not later than January 31 of each year, the Office shall prepare and transmit to each House of the Congress a report on the activities of the Office and of Executive agencies under subsection (c) of this section, including the affirmative action plans submitted under section 717 of the Civil Rights Act of 1964 (
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 2, 1964, |
The word "Federal" is omitted as unnecessary in view of the definition of "employee" in section 2105.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The date of the enactment of the Civil Service Reform Act of 1978, referred to in subsecs. (c) and (d), is the date of the enactment of
Amendments
1978—
Subsecs. (a) to (e).
Effective Date of 1978 Amendment
Amendment by section 310 of
Discrimination Prohibited in Employment of Civilian Personnel at Facilities Operated by the Department of Defense in Foreign Countries
Cross References
Nondiscrimination on account of age in Federal Government employment, see
Nondiscrimination on account of age in Federally assisted programs, see
Section Referred to in Other Sections
This section is referred to in title 22 sections 3905, 3922a; title 31 section 732.
§7202. Marital status
(a) The President may prescribe rules which shall prohibit, as nearly as conditions of good administration warrant, discrimination because of marital status in an Executive agency or in the competitive service.
(b) Regulations prescribed under any provision of this title, or under any other provision of law, granting benefits to employees, shall provide the same benefits for a married female employee and her spouse and children as are provided for a married male employee and his spouse and children.
(c) Notwithstanding any other provision of law, any provision of law providing a benefit to a male Federal employee or to his spouse or family shall be deemed to provide the same benefit to a female Federal employee or to her spouse or family.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 26, 1937, ch. 522, |
The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302. The section is rewritten as a general prohibition instead of specifying each of the personnel actions to which the prohibition applies. The words "in an Executive agency or in the competitive service" are added for clarity. The sentence "All Acts or parts of Acts inconsistent herewith are repealed." is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
1971—
Cross References
President's power to grant exceptions from provisions of this section, see
Section Referred to in Other Sections
This section is referred to in
§7203. Handicapping condition
The President may prescribe rules which shall prohibit, as nearly as conditions of good administration warrant, discrimination because of handicapping condition in an Executive agency or in the competitive service with respect to a position the duties of which, in the opinion of the Office of Personnel Management, can be performed efficiently by an individual with a handicapping condition, except that the employment may not endanger the health or safety of the individual or others.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 10, 1948, ch. 434, |
The authority of the President to prescribe rules is added on authority of former section 633(1), which is carried into section 3302. The section is rewritten as a general prohibition instead of specifying the personnel actions included in former section 633(2)9. The words "in an Executive agency or in the competitive service" are added for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by sections 101(b)(2) and 906(a)(2) of
Cross References
President's power to grant exceptions from provisions of this section, see
Section Referred to in Other Sections
This section is referred to in
§7204. Other prohibitions
[(a) Repealed.
(b) In the administration of
(c) The Office of Personnel Management may prescribe regulations necessary for the administration of subsection (b) of this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | R.S. §165. | |
(b) | Oct. 28, 1949, ch. 782, §1103, |
In subsection (a), the words "Executive department" are substituted for "department" as the definition of "department" applicable to this section is coextensive with the definition of "Executive department" in section 101. The words "or military department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
This subsection was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4,
Subsection (c) is added on authority of former sections 1072 and 1072a, which are codified in section 5115.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section deletes subsection (a) of
Amendments
1978—
Subsec. (c).
1972—Subsec. (b).
Effective Date of 1978 Amendment
Amendment by section 906(a)(2) of
Effective Date of 1972 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER II—EMPLOYEES' RIGHT TO PETITION CONGRESS
§7211. Employees' right to petition Congress
The right of employees, individually or collectively, to petition Congress or a Member of Congress, or to furnish information to either House of Congress, or to a committee or Member thereof, may not be interfered with or denied.
(Added
Prior Provisions
Provisions of this section were contained in
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
Section Referred to in Other Sections
This section is referred to in title 39 section 1002.
CHAPTER 73 —SUITABILITY, SECURITY, AND CONDUCT
SUBCHAPTER I—REGULATION OF CONDUCT
SUBCHAPTER II—EMPLOYMENT LIMITATIONS
SUBCHAPTER III—POLITICAL ACTIVITIES
SUBCHAPTER IV—FOREIGN GIFTS AND DECORATIONS
SUBCHAPTER V—MISCONDUCT
SUBCHAPTER VI—DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM
Amendments
1993—
1989—
1986—
1980—
1968—
1967—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—REGULATION OF CONDUCT
§7301. Presidential regulations
The President may prescribe regulations for the conduct of employees in the executive branch.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §1753 (last 16 words). |
The words "employees in the executive branch" are substituted for "persons who may receive appointments in the civil service".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Short Title of 1993 Amendment
Short Title of 1986 Amendment
Emergency Preparedness Functions
For assignment of certain emergency preparedness functions to the Director of the Office of Personnel Management, see Parts 1, 2, and 22 of Ex. Ord. No. 12656, Nov. 18, 1988, 53 F.R. 47491, set out as a note under
Continuation of Random Drug Testing Program for Certain Department of Defense Employees
"(a)
"(b)
"(c)
"(d)
Annual Certification of Drug-Free Workplace Plan Administrators
Similar provisions were contained in the following prior appropriations acts:
Designation of Director of the Bureau of the Budget as Member of Federal Labor Relations Council
Presidential Order of December 8, 1969, provided that:
Pursuant to the provisions of section 4 of Executive Order 11491 [set out as a note under this section], I hereby designate the Director of the Bureau of the Budget [now the Office of Management and Budget] as a member of the Federal Labor Relations Council. This order of designation shall be published in the Federal Register.
Richard Nixon.
Display in Federal Buildings of Code of Ethics for Government Service
Agency Acceptance of Donations for Federal Employees
Restriction on Availability of Funds To Administer or Implement Drug Testing
"(a)(1) Except as provided in subsection (b) or (c), none of the funds appropriated or made available by this Act, or any other Act, with respect to any fiscal year, shall be available to administer or implement any drug testing pursuant to Executive Order Numbered 12564 (dated September 15, 1986) [set out as a note below], or any subsequent order, unless and until—
"(A) the Secretary of Health and Human Services certifies in writing to the Committees on Appropriations of the House of Representatives and the Senate, and other appropriate committees of the Congress, that—
"(i) each agency has developed a plan for achieving a drug-free workplace in accordance with Executive Order Numbered 12564 and applicable provisions of law (including applicable provisions of this section);
"(ii) the Department of Health and Human Services, in addition to the scientific and technical guidelines dated February 13, 1987, and any subsequent amendments thereto, has, in accordance with paragraph (3), published mandatory guidelines which—
"(I) establish comprehensive standards for all aspects of laboratory drug testing and laboratory procedures to be applied in carrying out Executive Order Numbered 12564, including standards which require the use of the best available technology for ensuring the full reliability and accuracy of drug tests and strict procedures governing the chain of custody of specimens collected for drug testing;
"(II) specify the drugs for which Federal employees may be tested; and
"(III) establish appropriate standards and procedures for periodic review of laboratories and criteria for certification and revocation of certification of laboratories to perform drug testing in carrying out Executive Order Numbered 12564; and
"(iii) all agency drug-testing programs and plans established pursuant to Executive Order Numbered 12564 comply with applicable provisions of law, including applicable provisions of the Rehabilitation Act of 1973 (
"(B) the Secretary of Health and Human Services has submitted to the Congress, in writing, a detailed, agency-by-agency analysis relating to—
"(i) the criteria and procedures to be applied in designating employees or positions for drug testing, including the justification for such criteria and procedures;
"(ii) the position titles designated for random drug testing; and
"(iii) the nature, frequency, and type of drug testing proposed to be instituted; and
"(C) the Director of the Office of Management and Budget has submitted in writing to the Committees on Appropriations of the House of Representatives and the Senate a detailed, agency-by-agency analysis (as of the time of certification under subparagraph (A)) of the anticipated annual costs associated with carrying out Executive Order Numbered 12564 and all other requirements under this section during the 5-year period beginning on the date of the enactment of this Act [July 11, 1987].
"(2) Notwithstanding subsection (g), for purposes of this subsection, the term "agency" means—
"(A) the Executive Office of the President;
"(B) an Executive department under
"(C) the Environmental Protection Agency;
"(D) the General Services Administration;
"(E) the National Aeronautics and Space Administration;
"(F) the Office of Personnel Management;
"(G) the Small Business Administration;
"(H) the United States Information Agency; and
"(I) the Department of Veterans Affairs;
except that such term does not include the Department of Transportation or any other entity (or component thereof) covered by subsection (b).
"(3) Notwithstanding any provision of
"(b)(1) Nothing in subsection (a) shall limit or otherwise affect the availability of funds for drug testing by—
"(A) the Department of Transportation;
"(B) Department of Energy, for employees specifically involved in the handling of nuclear weapons or nuclear materials;
"(C) any agency with an agency-wide drug-testing program in existence as of September 15, 1986; or
"(D) any component of an agency if such component had a drug-testing program in existence as of September 15, 1986.
"(2) The Departments of Transportation and Energy and any agency or component thereof with a drug-testing program in existence as of September 15, 1986—
"(A) shall be brought into full compliance with Executive Order Numbered 12564 [set out as a note below] no later than the end of the 6-month period beginning on the date of the enactment of this Act [July 11, 1987]; and
"(B) shall take such actions as may be necessary to ensure that their respective drug-testing programs or plans are brought into full compliance with the mandatory guidelines published under subsection (a)(1)(A)(ii) no later than 90 days after such mandatory guidelines take effect, except that any judicial challenge that affects such guidelines should not affect drug-testing programs or plans subject to this paragraph.
"(c) In the case of an agency (or component thereof) other than an agency as defined by subsection (a)(2) or an agency (or component thereof) covered by subsection (b), none of the funds appropriated or made available by this Act, or any other Act, with respect to any fiscal year, shall be available to administer or implement any drug testing pursuant to Executive Order Numbered 12564 [set out as a note below], or any subsequent order, unless and until—
"(1) the Secretary of Health and Human Services provides written certification with respect to that agency (or component) in accordance with clauses (i) and (iii) of subsection (a)(1)(A);
"(2) the Secretary of Health and Human Services has submitted a written, detailed analysis with respect to that agency (or component) in accordance with subsection (a)(1)(B); and
"(3) the Director of the Office of Management and Budget has submitted a written, detailed analysis with respect to that agency (or component) in accordance with subsection (a)(1)(C).
"(d) Any Federal employee who is the subject of a drug test under any program or plan shall, upon written request, have access to—
"(1) any records relating to such employee's drug test; and
"(2) any records relating to the results of any relevant certification, review, or revocation-of-certification proceedings, as referred to in subsection (a)(1)(A)(ii)(III).
"(e) The results of a drug test of a Federal employee may not be disclosed without the prior written consent of such employee, unless the disclosure would be—
"(1) to the employee's medical review official (as defined in the scientific and technical guidelines referred to in subsection (a)(1)(A)(ii));
"(2) to the administrator of any Employee Assistance Program in which the employee is receiving counseling or treatment or is otherwise participating;
"(3) to any supervisory or management official within the employee's agency having authority to take the adverse personnel action against such employee; or
"(4) pursuant to the order of a court of competent jurisdiction where required by the United States Government to defend against any challenge against any adverse personnel action.
"(f) Each agency covered by Executive Order Numbered 12564 [set out as a note below] shall submit to the Committees on Appropriations of the House of Representatives and the Senate, and other appropriate committees of the Congress, an annual report relating to drug-testing activities conducted by such agency pursuant to such executive order. Each such annual report shall be submitted at the time of the President's budget submission to the Congress under
"(g) For purposes of this section, the terms 'agency' and 'Employee Assistance Program' each has the meaning given such term under section 7(b) of Executive Order Numbered 12564 [set out as a note below], as in effect on September 15, 1986."
[For abolition of United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau), transfer of functions, and treatment of references thereto, see
Limitation on Gratuities at Naval Shipbuilding Ceremonies
"(a)
"(b)
"(c)
Executive Order No. 9845
Ex. Ord. No. 9845, Apr. 28, 1947, 12 F.R. 2799, which permitted Bureau of Reclamation employees to accept appointments as constables or deputy sheriffs under state or territorial laws, was revoked by Ex. Ord. No. 11408, Apr. 25, 1968, 33 F.R. 6459.
Ex. Ord. No. 12564. Drug-Free Federal Workplace
Ex. Ord. No. 12564, Sept. 15, 1986, 51 F.R. 32889, provided:
I, RONALD REAGAN, President of the United States of America, find that:
Drug use is having serious adverse effects upon a significant proportion of the national work force and results in billions of dollars of lost productivity each year;
The Federal government, as an employer, is concerned with the well-being of its employees, the successful accomplishment of agency missions, and the need to maintain employee productivity;
The Federal government, as the largest employer in the Nation, can and should show the way towards achieving drug-free workplaces through a program designed to offer drug users a helping hand and, at the same time, demonstrating to drug users and potential drug users that drugs will not be tolerated in the Federal workplace;
The profits from illegal drugs provide the single greatest source of income for organized crime, fuel violent street crime, and otherwise contribute to the breakdown of our society;
The use of illegal drugs, on or off duty, by Federal employees is inconsistent not only with the law-abiding behavior expected of all citizens, but also with the special trust placed in such employees as servants of the public;
Federal employees who use illegal drugs, on or off duty, tend to be less productive, less reliable, and prone to greater absenteeism than their fellow employees who do not use illegal drugs;
The use of illegal drugs, on or off duty, by Federal employees impairs the efficiency of Federal departments and agencies, undermines public confidence in them, and makes it more difficult for other employees who do not use illegal drugs to perform their jobs effectively. The use of illegal drugs, on or off duty, by Federal employees also can pose a serious health and safety threat to members of the public and to other Federal employees;
The use of illegal drugs, on or off duty, by Federal employees in certain positions evidences less than the complete reliability, stability, and good judgment that is consistent with access to sensitive information and creates the possibility of coercion, influence, and irresponsible action under pressure that may pose a serious risk to national security, the public safety, and the effective enforcement of the law; and
Federal employees who use illegal drugs must themselves be primarily responsible for changing their behavior and, if necessary, begin the process of rehabilitating themselves.
By the authority vested in me as President by the Constitution and laws of the United States of America, including
(b) The use of illegal drugs by Federal employees, whether on duty or off duty, is contrary to the efficiency of the service.
(c) Persons who use illegal drugs are not suitable for Federal employment.
(b) Each agency plan shall include:
(1) A statement of policy setting forth the agency's expectations regarding drug use and the action to be anticipated in response to identified drug use;
(2) Employee Assistance Programs emphasizing high level direction, education, counseling, referral to rehabilitation, and coordination with available community resources;
(3) Supervisory training to assist in identifying and addressing illegal drug use by agency employees;
(4) Provision for self-referrals as well as supervisory referrals to treatment with maximum respect for individual confidentiality consistent with safety and security issues; and
(5) Provision for identifying illegal drug users, including testing on a controlled and carefully monitored basis in accordance with this Order.
(b) The head of each Executive agency shall establish a program for voluntary employee drug testing.
(c) In addition to the testing authorized in subsections (a) and (b) of this section, the head of each Executive agency is authorized to test an employee for illegal drug use under the following circumstances:
(1) When there is a reasonable suspicion that any employee uses illegal drugs;
(2) In an examination authorized by the agency regarding an accident or unsafe practice; or
(3) As part of or as a follow-up to counseling or rehabilitation for illegal drug use through an Employee Assistance Program.
(d) The head of each Executive agency is authorized to test any applicant for illegal drug use.
(b) Before conducting a drug test, the agency shall inform the employee to be tested of the opportunity to submit medical documentation that may support a legitimate use for a specific drug.
(c) Drug testing programs shall contain procedures for timely submission of requests for retention of records and specimens; procedures for retesting; and procedures, consistent with applicable law, to protect the confidentiality of test results and related medical and rehabilitation records. Procedures for providing urine specimens must allow individual privacy, unless the agency has reason to believe that a particular individual may alter or substitute the specimen to be provided.
(d) The Secretary of Health and Human Services is authorized to promulgate scientific and technical guidelines for drug testing programs, and agencies shall conduct their drug testing programs in accordance with these guidelines once promulgated.
(b) Agencies shall initiate action to discipline any employee who is found to use illegal drugs, provided that such action is not required for an employee who:
(1) Voluntarily identifies himself as a user of illegal drugs or who volunteers for drug testing pursuant to section 3(b) of this Order, prior to being identified through other means;
(2) Obtains counseling or rehabilitation through an Employee Assistance Program; and
(3) Thereafter refrains from using illegal drugs.
(c) Agencies shall not allow any employee to remain on duty in a sensitive position who is found to use illegal drugs, prior to successful completion of rehabilitation through an Employee Assistance Program. However, as part of a rehabilitation or counseling program, the head of an Executive agency may, in his or her discretion, allow an employee to return to duty in a sensitive position if it is determined that this action would not pose a danger to public health or safety or the national security.
(d) Agencies shall initiate action to remove from the service any employee who is found to use illegal drugs and:
(1) Refuses to obtain counseling or rehabilitation through an Employee Assistance Program; or
(2) Does not thereafter refrain from using illegal drugs.
(e) The results of a drug test and information developed by the agency in the course of the drug testing of the employee may be considered in processing any adverse action against the employee or for other administrative purposes. Preliminary test results may not be used in an administrative proceeding unless they are confirmed by a second analysis of the same sample or unless the employee confirms the accuracy of the initial test by admitting the use of illegal drugs.
(f) The determination of an agency that an employee uses illegal drugs can be made on the basis of any appropriate evidence, including direct observation, a criminal conviction, administrative inquiry, or the results of an authorized testing program. Positive drug test results may be rebutted by other evidence that an employee has not used illegal drugs.
(g) Any action to discipline an employee who is using illegal drugs (including removal from the service, if appropriate) shall be taken in compliance with otherwise applicable procedures, including the Civil Service Reform Act [
(h) Drug testing shall not be conducted pursuant to this Order for the purpose of gathering evidence for use in criminal proceedings. Agencies are not required to report to the Attorney General for investigation or prosecution any information, allegation, or evidence relating to violations of
(1) Issue government-wide guidance to agencies on the implementation of the terms of this Order;
(2) Ensure that appropriate coverage for drug abuse is maintained for employees and their families under the Federal Employees Health Benefits Program;
(3) Develop a model Employee Assistance Program for Federal agencies and assist the agencies in putting programs in place;
(4) In consultation with the Secretary of Health and Human Services, develop and improve training programs for Federal supervisors and managers on illegal drug use; and
(5) In cooperation with the Secretary of Health and Human Services and heads of Executive agencies, mount an intensive drug awareness campaign throughout the Federal work force.
(b) The Attorney General shall render legal advice regarding the implementation of this Order and shall be consulted with regard to all guidelines, regulations, and policies proposed to be adopted pursuant to this Order.
(c) Nothing in this Order shall be deemed to limit the authorities of the Director of Central Intelligence under the National Security Act of 1947, as amended [
(b) For purposes of this Order, the term "agency" means an Executive agency, as defined in
(c) For purposes of this Order, the term "illegal drugs" means a controlled substance included in Schedule I or II, as defined by
(d) For purposes of this Order, the term "employee in a sensitive position" refers to:
(1) An employee in a position that an agency head designates Special Sensitive, Critical-Sensitive, or Noncritical-Sensitive under
(2) An employee who has been granted access to classified information or may be granted access to classified information pursuant to a determination of trustworthiness by an agency head under Section 4 of Executive Order No. 12356 [
(3) Individuals serving under Presidential appointments;
(4) Law enforcement officers as defined in
(5) Other positions that the agency head determines involve law enforcement, national security, the protection of life and property, public health or safety, or other functions requiring a high degree of trust and confidence.
(e) For purposes of this Order, the term "employee" means all persons appointed in the Civil Service as described in
(f) For purposes of this Order, the term "Employee Assistance Program" means agency-based counseling programs that offer assessment, short-term counseling, and referral services to employees for a wide range of drug, alcohol, and mental health programs that affect employee job performance. Employee Assistance Programs are responsible for referring drug-using employees for rehabilitation and for monitoring employees' progress while in treatment.
Ronald Reagan.
Ex. Ord. No. 12674. Principles of Ethical Conduct for Government Officers and Employees
Ex. Ord. No. 12674, Apr. 12, 1989, 54 F.R. 15159, as amended by Ex. Ord. No. 12731, Oct. 17, 1990, 55 F.R. 42547, provided:
By virtue of the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish fair and exacting standards of ethical conduct for all executive branch employees, it is hereby ordered as follows:
Part I—Principles of Ethical Conduct
(a) Public service is a public trust, requiring employees to place loyalty to the Constitution, the laws, and ethical principles above private gain.
(b) Employees shall not hold financial interests that conflict with the conscientious performance of duty.
(c) Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.
(d) An employee shall not, except pursuant to such reasonable exceptions as are provided by regulation, solicit or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee's agency, or whose interests may be substantially affected by the performance or nonperformance of the employee's duties.
(e) Employees shall put forth honest effort in the performance of their duties.
(f) Employees shall make no unauthorized commitments or promises of any kind purporting to bind the Government.
(g) Employees shall not use public office for private gain.
(h) Employees shall act impartially and not give preferential treatment to any private organization or individual.
(i) Employees shall protect and conserve Federal property and shall not use it for other than authorized activities.
(j) Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official Government duties and responsibilities.
(k) Employees shall disclose waste, fraud, abuse, and corruption to appropriate authorities.
(l) Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, especially those—such as Federal, State, or local taxes—that are imposed by law.
(m) Employees shall adhere to all laws and regulations that provide equal opportunity for all Americans regardless of race, color, religion, sex, national origin, age, or handicap.
(n) Employees shall endeavor to avoid any actions creating the appearance that they are violating the law or the ethical standards promulgated pursuant to this order.
(a) No employee who is appointed by the President to a full-time noncareer position in the executive branch (including full-time noncareer employees in the White House Office, the Office of Policy Development, and the Office of Cabinet Affairs), shall receive any earned income for any outside employment or activity performed during that Presidential appointment.
(b) The prohibition set forth in subsection (a) shall not apply to any full-time noncareer employees employed pursuant to
Part II—Office of Government Ethics Authority
(a) Promulgating, in consultation with the Attorney General and the Office of Personnel Management, regulations that establish a single, comprehensive, and clear set of executive-branch standards of conduct that shall be objective, reasonable, and enforceable.
(b) Developing, disseminating, and periodically updating an ethics manual for employees of the executive branch describing the applicable statutes, rules, decisions, and policies.
(c) Promulgating, with the concurrence of the Attorney General, regulations interpreting the provisions of the post-employment statute,
(d) Promulgating, in consultation with the Attorney General and the Office of Personnel Management, regulations establishing a system of nonpublic (confidential) financial disclosure by executive branch employees to complement the system of public disclosure under the Ethics in Government Act of 1978 [
(e) Ensuring that any implementing regulations issued by agencies under this order are consistent with and promulgated in accordance with this order.
Part III—Agency Responsibilities
(a) Supplement, as necessary and appropriate, the comprehensive executive branch-wide regulations of the Office of Government Ethics, with regulations of special applicability to the particular functions and activities of that agency. Any supplementary agency regulations shall be prepared as addenda to the branch-wide regulations and promulgated jointly with the Office of Government Ethics, at the agency's expense, for inclusion in Title 5 of the Code of Federal Regulations.
(b) Ensure the review by all employees of this order and regulations promulgated pursuant to the order.
(c) Coordinate with the Office of Government Ethics in developing annual agency ethics training plans. Such training shall include mandatory annual briefings on ethics and standards of conduct for all employees appointed by the President, all employees in the Executive Office of the President, all officials required to file public or nonpublic financial disclosure reports, all employees who are contracting officers and procurement officials, and any other employees designated by the agency head.
(d) Where practicable, consult formally or informally with the Office of Government Ethics prior to granting any exemption under
(e) Ensure that the rank, responsibilities, authority, staffing, and resources of the Designated Agency Ethics Official are sufficient to ensure the effectiveness of the agency ethics program. Support should include the provision of a separate budget line item for ethics activities, where practicable.
Part IV—Delegations of Authority
(a) Except as provided in section 401, the authority of the President under
(b) The authority of the President under
Part V—General Provisions
(a) Executive Order No. 11222 of May 8, 1965.
(b) Executive Order No. 12565 of September 25, 1986.
(a) All actions already taken by the President or by his delegates concerning matters affected by this order and in force when this order is issued, including any regulations issued under Executive Order 11222, Executive Order 12565, or statutory authority, shall, except as they are irreconcilable with the provisions of this order or terminate by operation of law or by Presidential action, remain in effect until properly amended, modified, or revoked pursuant to the authority conferred by this order or any regulations promulgated under this order. Notwithstanding anything in section 102 of this order, employees may carry out preexisting contractual obligations entered into before April 12, 1989.
(b) Financial reports filed in confidence (pursuant to the authority of Executive Order No. 11222, 5 C.F.R. Part 735, and individual agency regulations) shall continue to be held in confidence.
(a) "Contracting officers and procurement officials" means all such officers and officials as defined in the Office of Federal Procurement Policy Act Amendments of 1988 [see
(b) "Employee" means any officer or employee of an agency, including a special Government employee.
(c) "Agency" means any executive agency as defined in
(d) "Head of an agency" means, in the case of an agency headed by more than one person, the chair or comparable member of such agency.
(e) "Special Government employee" means a special Government employee as defined in
Ex. Ord. No. 12820. Facilitating Federal Employees' Participation in Community Service Activities
Ex. Ord. No. 12820, Nov. 5, 1992, 57 F.R. 53429, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including
(a) The head of each Executive department and agency shall encourage agency employees to participate voluntarily in direct and consequential community service. Community service participation may include, among other things, participation in programs, activities and initiatives designed to address problems such as drug abuse, crime, homelessness, illiteracy, AIDS, teenage pregnancy, and hunger, and problems associated with low-income housing, education, health care and the environment. The White House Office of National Service and the Commission on National and Community Service shall serve as a resource to provide information and support.
(b) The head of each Executive department and agency shall designate a senior official of his or her department or agency to provide leadership in and support for the Federal commitment to community service through employee awareness and participation within his or her department and agency. The senior official shall report to his or her department or agency head to ensure that community service activities receive a high level of visibility and promotion.
(c) The head of each Executive department and agency shall designate an existing office in his or her department or agency to perform the functions listed below. The office shall serve as the Office of Community Service and will be responsible for:
(1) Providing information to employees of the department or agency concerning community service opportunities;
(2) Working with the White House Office of National Service and the Office of Personnel Management to consider any appropriate changes in department or agency policies or practices that would encourage employee participation in community service activities; and
(3) Acting as a liaison with the White House Office of National Service and the Commission on National and Community Service.
The White House Office of National Service and the Commission on National and Community Service shall provide such information with respect to community service programs and activities and such advice and assistance as may be required by the departments and agencies for the purpose of carrying out their functions under this order.
The head of each Executive department or agency, or his or her designee, shall submit an annual report on the actions the department or agency has taken to encourage its employees to participate in community service to the White House Office of National Service not later than December 30 each year.
George Bush.
Ex. Ord. No. 12834. Ethics Commitments by Executive Branch Appointees
Ex. Ord. No. 12834, Jan. 20, 1993, 58 F.R. 5911, provided:
By the authority vested in me as President of the United States by the Constitution and laws of the United States of America, including
"As a condition, and in consideration, of my employment in the United States Government in a senior appointee position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law:
"1. I will not, within five years after the termination of my employment as a senior appointee in any executive agency in which I am appointed to serve, lobby any officer or employee of that agency.
"2. In the event that I serve as a senior appointee in the Executive Office of the President ('EOP'), I also will not, within five years after I cease to be a senior appointee in the EOP, lobby any officer or employee of any other executive agency with respect to which I had personal and substantial responsibility as a senior appointee in the EOP.
"3. I will not, at any time after the termination of my employment in the United States Government, engage in any activity on behalf of any foreign government or foreign political party which, if undertaken on January 20, 1993, would require me to register under the Foreign Agents Registration Act of 1938, as amended.
"4. I will not, within five years after termination of my personal and substantial participation in a trade negotiation, represent, aid or advise any foreign government, foreign political party or foreign business entity with the intent to influence a decision of any officer or employee of any executive agency, in carrying out his or her official duties.
"5. I acknowledge that the Executive order entitled 'Ethics Commitments by Executive Branch Appointees,' issued by the President on January 20, 1993, which I have read before signing this document, defines certain of the terms applicable to the foregoing obligations and sets forth the methods for enforcing them. I expressly accept the provisions of that Executive order as a part of this agreement and as binding on me. I understand that the terms of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of Federal Government service."
(b) Every trade negotiator who is not a senior appointee and is appointed to a position in an executive agency on or after January 20, 1993, shall (prior to personally and substantially participating in a trade negotiation) sign, and upon signing be contractually committed to, the following pledge ("trade negotiator pledge"):
"As a condition, and in consideration, of my employment in the United States Government as a trade negotiator, which is a position invested with the public trust, I commit myself to the following obligations, which I understand are binding on me and are enforceable under law:
"1. I will not, within five years after termination of my personal and substantial participation in a trade negotiation, represent, aid or advise any foreign government, foreign political party or foreign business entity with the intent to influence a decision of any officer or employee of any executive agency, in carrying out his or her official duties.
"2. I acknowledge that the Executive order entitled 'Ethics Commitments by Executive Branch Appointees,' issued by the President on January 20, 1993, which I have read before signing this document, defines certain of the terms applicable to the foregoing obligations and sets forth the methods for enforcing them. I expressly accept the provisions of that Executive order as a part of this agreement and as binding on me. I understand that the terms of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of Federal Government service."
(a) "Senior appointee" means every full-time, non-career Presidential, Vice-presidential or agency head appointee in an executive agency whose rate of basic pay is not less than the rate for level V of the Executive Schedule (
(b) "Trade negotiator" means a full-time, non-career Presidential, Vice-presidential or agency head appointee (whether or not a senior appointee) who personally and substantially participates in a trade negotiation as an employee of an executive agency.
(c) "Lobby" means to knowingly communicate to or appear before any officer or employee of any executive agency on behalf of another (except the United States) with the intent to influence official action, except that the term "lobby" does not include:
(1) communicating or appearing on behalf of and as an officer or employee of a State or local government or the government of the District of Columbia, a Native American tribe or a United States territory or possession;
(2) communicating or appearing with regard to a judicial proceeding, or a criminal or civil law enforcement inquiry, investigation or proceeding (but not with regard to an administrative proceeding) or with regard to an administrative proceeding to the extent that such communications or appearances are made after the commencement of and in connection with the conduct or disposition of a judicial proceeding;
(3) communicating or appearing with regard to any government grant, contract or similar benefit on behalf of and as an officer or employee of:
(A) an accredited, degree-granting institution of higher education, as defined in
(B) a hospital; a medical, scientific or environmental research institution; or a charitable or educational institution; provided that such entity is a not-for-profit organization exempted from Federal income taxes under
(4) communicating or appearing on behalf of an international organization in which the United States participates, if the Secretary of State certifies in advance that such activity is in the interest of the United States;
(5) communicating or appearing solely for the purpose of furnishing scientific or technological information, subject to the procedures and conditions applicable under
(6) giving testimony under oath, subject to the conditions applicable under
(d) "On behalf of another" means on behalf of a person or entity other than the individual signing the pledge or his or her spouse, child or parent.
(e) "Administrative proceeding" means any agency process for rulemaking, adjudication or licensing, as defined in and governed by the Administrative Procedure Act, as amended (
(f) "Executive agency" and "agency" mean "Executive agency" as defined in
(1) with respect to those senior appointees to whom such designations are applicable under
(2) a senior appointee who is detailed from one executive agency to another for more than sixty days in any calendar year shall be deemed to be an officer or employee of both agencies during the period such person is detailed.
(g) "Personal and substantial responsibility" "with respect to" an executive agency, as used in paragraph 2 of the senior appointee pledge, means ongoing oversight of, or significant ongoing decision-making involvement in, the agency's budget, major programs or personnel actions, when acting both "personally" and "substantially" (as those terms are defined for purposes of sections 207(a) and (b) of
(h) "Personal and substantial participation" and "personally and substantially participates" mean acting both "personally" and "substantially" (as those terms are defined for purposes of sections 207(a) and (b) of
(i) "Trade negotiation" means a negotiation that the President determines to undertake to enter into a trade agreement with one or more foreign governments, and does not include any action taken before that determination.
(j) "Foreign Agents Registration Act of 1938, as amended" means
(k) "Foreign government" means "the government of a foreign country," as defined in section 1(e) of the Foreign Agents Registration Act of 1938, as amended (
(l) "Foreign political party" has the same meaning as that term in section 1(f) of the Foreign Agents Registration Act of 1938, as amended (
(m) "Foreign business entity" means a partnership, association, corporation, organization or other combination of persons organized under the laws of or having its principal place of business in a foreign country.
(n) Terms that are used herein and in the pledges, and also used in
(b) A waiver shall take effect when the certification is signed by the President.
(c) The waiver certification shall be published in the Federal Register, identifying the name and executive agency position of the person covered by the waiver and the reasons for granting it.
(d) A copy of the waiver certification shall be furnished to the person covered by the waiver and filed with the head of the agency in which that person is or was appointed to serve.
(1) to ensure that every senior appointee in the agency signs the senior appointee pledge upon assuming the appointed office or otherwise becoming a senior appointee;
(2) to ensure that every trade negotiator in the agency who is not a senior appointee signs the trade negotiator pledge prior to personally and substantially participating in a trade negotiation;
(3) to ensure that no senior appointee or trade negotiator in the agency personally and substantially participates in a trade negotiation prior to signing the pledge; and
(4) generally to ensure compliance with this order within the agency.
(b) With respect to the Executive Office of the President, the duties set forth in section 4(a), above, shall be the responsibility of the White House Counsel or such other official or officials to whom the President delegates those duties.
(c) The Director of the Office of Government Ethics shall:
(1) subject to the prior approval of the White House Counsel, develop a form of the pledges to be completed by senior appointees and trade negotiators and see that the pledges and a copy of this Executive order are made available for use by agencies in fulfilling their duties under section 4(a) above;
(2) in consultation with the Attorney General or White House Counsel, when appropriate, assist designated agency ethics officers in providing advice to current or former senior appointees and trade negotiators regarding the application of the pledges; and
(3) subject to the prior approval of the White House Counsel, adopt such rules or procedures (conforming as nearly as practicable to its generally applicable rules and procedures) as are necessary or appropriate to carry out the foregoing responsibilities.
(d) In order to promote clarity and fairness in the application of paragraph 3 of the senior appointee pledge:
(1) the Attorney General shall, within six months after the issuance of this order, publish in the Federal Register a "Statement of Covered Activities," based on the statute, applicable regulations and published guidelines, and any other material reflecting the Attorney General's current interpretation of the law, describing in sufficient detail to provide adequate guidance the activities on behalf of a foreign government or foreign political party which, if undertaken as of January 20, 1993, would require a person to register as an agent for such foreign government or political party under the Foreign Agents Registration Act of 1938, as amended; and
(2) the Attorney General's "Statement of Covered Activities" shall be presumed to be the definitive statement of the activities in which the senior appointee agrees not to engage under paragraph 3 of the pledge.
(e) A senior appointee who has signed the senior appointee pledge is not required to sign the pledge again upon appointment to a different office, except that a person who has ceased to be a senior appointee, due to termination of employment in the executive branch or otherwise, shall sign the senior appointee pledge prior to thereafter assuming office as a senior appointee.
(f) A trade negotiator who is not also a senior appointee and who has once signed the trade negotiator pledge is not required to sign the pledge again prior to personally and substantially participating in a subsequent trade negotiation, except that a person who has ceased employment in the executive branch shall, after returning to such employment, be obligated to sign a pledge as provided herein notwithstanding the signing of any previous pledge.
(g) All pledges signed by senior appointees and trade negotiators, and all waiver certifications with respect thereto, shall be filed with the head of the appointee's agency for permanent retention in the appointee's official personnel folder or equivalent folder.
(b) Any former senior appointee or trade negotiator who is determined, after notice and hearing, by the duly designated authority within any agency, to have violated his or her pledge not to lobby any officer or employee of that agency, or not to represent, aid or advise a foreign entity specified in the pledge with the intent to influence the official decision of that agency, may be barred from lobbying any officer or employee of that agency for up to five years in addition to the five-year time period covered by the pledge.
(1) The head of every executive agency shall, in consultation with the Director of the Office of Government Ethics, establish procedures to implement the foregoing subsection, which shall conform as nearly as practicable to the procedures for debarment of former employees found to have violated
(2) Any person who is debarred from lobbying following an agency proceeding pursuant to the foregoing subsection may seek judicial review of the administrative determination, which shall be subject to established standards for judicial review of comparable agency actions.
(c) The Attorney General is authorized:
(1) upon receiving information regarding the possible breach of any commitment in a signed pledge, to request any appropriate federal investigative authority to conduct such investigations as may be appropriate; and
(2) upon determining that there is a reasonable basis to believe that a breach of a commitment has occurred or will occur or continue, if not enjoined, to commence a civil action against the former employee in any United States District Court with jurisdiction to consider the matter.
(d) In such civil action, the Attorney General is authorized to request any and all relief authorized by law, including but not limited to:
(1) such temporary restraining orders and preliminary and permanent injunctions as may be appropriate to restrain future, recurring or continuing conduct by the former employee in breach of the commitments in the pledge he or she signed; and
(2) establishment of a constructive trust for the benefit of the United States, requiring an accounting and payment to the United States Treasury of all money and other things of value received by, or payable to, the former employee arising out of any breach or attempted breach of the pledge signed by the former employee.
(b) If any provision of this order or the application of such provision is held to be invalid, the remainder of this order and other dissimilar applications of such provision shall not be affected.
(c) Except as expressly provided in section 5(b)(2) of this order, nothing in the pledges or in this order is intended to create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, or any person.
William J. Clinton.
Ex. Ord. No. 13058. Protecting Federal Employees and the Public From Exposure to Tobacco Smoke in the Federal Workplace
Ex. Ord. No. 13058, Aug. 9, 1997, 62 F.R. 43451, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America and in order to protect Federal Government employees and members of the public from exposure to tobacco smoke in the Federal workplace, it is hereby ordered as follows:
(b) The order does not extend to any residential accommodation for persons voluntarily or involuntarily residing, on a temporary or long-term basis, in a building owned, leased, or rented by the Federal Government.
(c) The order does not extend to those portions of federally owned buildings leased, rented, or otherwise provided in their entirety to nonfederal parties.
(d) The order does not extend to places of employment in the private sector or in other nonfederal governmental units that serve as the permanent or intermittent duty station of one or more Federal employees.
(e) The head of any agency may establish limited and narrow exceptions that are necessary to accomplish agency missions. Such exception shall be in writing, approved by the agency head, and to the fullest extent possible provide protection of nonsmokers from exposure to environmental tobacco smoke. Authority to establish such exceptions may not be delegated.
William J. Clinton.
SUBCHAPTER II—EMPLOYMENT LIMITATIONS
Amendments
1968—
Subchapter Referred to in Other Sections
This subchapter is referred to in title 22 section 3664.
§7311. Loyalty and striking
An individual may not accept or hold a position in the Government of the United States or the government of the District of Columbia if he—
(1) advocates the overthrow of our constitutional form of government;
(2) is a member of an organization that he knows advocates the overthrow of our constitutional form of government;
(3) participates in a strike, or asserts the right to strike, against the Government of the United States or the government of the District of Columbia; or
(4) is a member of an organization of employees of the Government of the United States or of individuals employed by the government of the District of Columbia that he knows asserts the right to strike against the Government of the United States or the government of the District of Columbia.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 9, 1955, ch. 690, §1, |
||
[Uncodified]. | June 29, 1956, ch. 479, §3, (as applicable to the Act of Aug. 9, 1955, ch. 690, §1, |
The word "position" is coextensive with and is substituted for "office or employment".
In paragraphs (1) and (2), the words "in the United States" in former section 118p(1), (2) are omitted as unnecessary in view of the reference to "our constitutional form of government".
In paragraphs (3) and (4), the reference to the "government of the District of Columbia" is added on authority of the Act of June 29, 1956, in order to make these paragraphs meaningful with respect to individuals employed by the government of the District of Columbia. The words "From and after July 1, 1956", appearing in the Act of June 29, 1956, are omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Ex. Ord. No. 10450. Security Requirements for Government Employees
Ex. Ord. No. 10450, Apr. 27, 1953, 18 F.R. 2489, as amended by Ex. Ord. No. 10491, Oct. 15, 1953, 18 F.R. 6583; Ex. Ord. No. 10531, May 27, 1954, 19 F.R. 3069; Ex. Ord. No. 10548, Aug. 3, 1954, 19 F.R. 4871; Ex. Ord. No. 10550, Aug. 6, 1954, 19 F.R. 4981; Ex. Ord. No. 11605, July 2, 1971, 36 F.R. 12831; Ex. Ord. No. 11785, June 4, 1974, 39 F.R. 20053; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, provided:
WHEREAS the interests of the national security require that all persons privileged to be employed in the departments and agencies of the Government shall be reliable, trustworthy, of good conduct and character, and of complete and unswerving loyalty to the United States; and
WHEREAS the American tradition that all persons should receive fair, impartial, and equitable treatment at the hands of the Government requires that all persons seeking the privilege of employment or privileged to be employed in the departments and agencies of the Government be adjudged by mutually consistent and no less than minimum standards and procedures among the departments and agencies governing the employment and retention in employment of persons in the Federal service:
NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes of the United States, including section 1753 of the Revised Statutes of the United States (
(b) The head of any department or agency shall designate, or cause to be designated, any position within his department or agency the occupant of which could bring about, by virtue of the nature of the position, a material adverse effect on the national security as a sensitive position. Any position so designated shall be filled or occupied only by a person with respect to whom a full field investigation has been conducted: Provided, that a person occupying a sensitive position at the time it is designated as such may continue to occupy such position pending the completion of a full field investigation, subject to the other provisions of this order: And provided further, that in case of emergency a sensitive position may be filled for a limited period by a person with respect to whom a full field pre-appointment investigation has not been completed if the head of the department or agency concerned finds that such action is necessary in the national interest, which finding shall be made a part of the records of such department or agency.
(1) Depending on the relation of the Government employment to the national security:
(i) Any behavior, activities, or associations which tend to show that the individual is not reliable or trustworthy.
(ii) Any deliberate misrepresentations, falsifications or omissions of material facts.
(iii) Any criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct, habitual use of intoxicants to excess, drug addiction or sexual perversion.
(iv) Any illness, including any mental condition, of a nature which in the opinion of competent medical authority may cause significant defect in the judgment or reliability of the employee, with due regard to the transient or continuing effect of the illness and the medical findings in such case.
(v) Any facts which furnish reason to believe that the individual may be subjected to coercion, influence, or pressure which may cause him to act contrary to the best interests of the national security.
(2) Commission of any act of sabotage, espionage, treason, or sedition, or attempts thereat or preparation therefor, or conspiring with, or aiding or abetting another to commit or attempt to commit any act of sabotage, espionage, treason, or sedition.
(3) Establishing or continuing a sympathetic association with a saboteur, spy, traitor, seditionist, anarchist, or revolutionist, or with any espionage or other secret agent or representative of a foreign nation, or any representative of a foreign nation whose interests may be inimical to the interests of the United States, or with any person who advocates the use of force or violence to overthrow the government of the United States or the alteration of the form of government of the United States by unconstitutional means.
(4) Advocacy of use of force or violence to overthrow the government of the United States, or of the alteration of the form of government of the United States by unconstitutional means.
(5) Knowing membership with the specific intent of furthering the aims of, or adherence to and active participation in, any foreign or domestic organization, association, movement, group, or combination of persons (hereinafter referred to as organizations) which unlawfully advocates or practices the commission of acts of force or violence to prevent others from exercising their rights under the Constitution or laws of the United States or of any State, or which seeks to overthrow the Government of the United States or any State or subdivision thereof by unlawful means.
(6) Intentional unauthorized disclosure to any person of security information, or of other information disclosure of which is prohibited by law, or willful violation or disregard of security regulations.
(7) Performing or attempting to perform his duties, or otherwise acting, so as to serve the interests of another government in preference to the interests of the United States.
(8) Refusal by the individual, upon the ground of constitutional privilege against self-incrimination, to testify before a congressional committee regarding charges of his alleged disloyalty or other misconduct.
(b) The investigation of persons entering or employed in the competitive service shall primarily be the responsibility of the Office of Personnel Management, except in cases in which the head of a department or agency assumes that responsibility pursuant to law or by agreement with the Office. The Office shall furnish a full investigative report to the department or agency concerned.
(c) The investigation of persons (including consultants, however employed), entering employment of, or employed by, the Government other than in the competitive service shall primarily be the responsibility of the employing department or agency. Departments and agencies without investigative facilities may use the investigative facilities of the Office of Personnel Management, and other departments and agencies may use such facilities under agreement with the Office.
(d) There shall be referred promptly to the Federal Bureau of Investigation all investigations being conducted by any other agencies which develop information indicating that an individual may have been subjected to coercion, influence, or pressure to act contrary to the interests of the national security, or information relating to any of the matters described in subdivisions (2) through (8) of subsection (a) of this section. In cases so referred to it, the Federal Bureau of Investigation shall make a full field investigation.
(b) The heads of all departments and agencies shall furnish promptly to the Office of Personnel Management information appropriate for the establishment and maintenance of the security-investigations index.
(c) The reports and other investigative material and information developed by investigations conducted pursuant to any statute, order, or program described in section 7 of this order shall remain the property of the investigative agencies conducting the investigations, but may, subject to considerations of the national security, be retained by the department or agency concerned. Such reports and other investigative material and information shall be maintained in confidence, and no access shall be given thereto except with the consent of the investigative agency concerned, to other departments and agencies conducting security programs under the authority granted by or in accordance with the said act of August 26, 1950, as may be required for the efficient conduct of Government business.
(1) Deficiencies in the department and agency security programs established under this order which are inconsistent with the interests of or directly or indirectly weaken, the national security.
(2) Tendencies in such programs to deny to individual employees fair, impartial and equitable treatment at the hands of the Government, or rights under the Constitution and laws of the United States or this order.
Information affecting any department or agency developed or received during the course of such continuing study shall be furnished immediately to the head of the department or agency concerned. The Office of Personnel Management shall report to the National Security Council, at least semiannually, on the results of such study, shall recommend means to correct any such deficiencies or tendencies, and shall inform the National Security Council immediately of any deficiency which is deemed to be of major importance.
(b) All departments and agencies of the Government are directed to cooperate with the Office of Personnel Management to facilitate the accomplishment of the responsibilities assigned to it by subsection (a) of this section.
(c) To assist the Office of Personnel Management in discharging its responsibilities under this order, the head of each department and agency shall, as soon as possible and in no event later than ninety days after receipt of the final investigative report on a civilian officer or employee subject to a full field investigation under the provisions of this order, advise the Office as to the action taken with respect to such officer or employee. The information furnished by the heads of departments and agencies pursuant to this section shall be included in the reports which the Office of Personnel Management is required to submit to the National Security Council in accordance with subsection (a) of this section. Such reports shall set forth any deficiencies on the part of the heads of departments and agencies in taking timely action under this order, and shall mention specifically any instances of noncompliance with this subsection.
Executive Order No. 11605
Ex. Ord. No. 11605. July 2, 1971, 36 F.R. 12831, which amended Ex. Ord. No. 10450, Apr. 27, 1953, 18 F.R. 2489, which related to security requirements for government employees, was revoked by Ex. Ord. No. 11785, June 4, 1974, 39 F.R. 20053, set out below.
Ex. Ord. No. 11785. Security Requirements for Governmental Employees
Ex. Ord. No. 11785, June 4, 1974, 39 F.R. 20053, provided:
By virtue of the authority vested in me by the Constitution and statutes of the United States, including
"
"Knowing membership with the specific intent of furthering the aims of, or adherence to and active participation in, any foreign or domestic organization, association, movement, group, or combination of persons (hereinafter referred to as organizations) which unlawfully advocates or practices the commission of acts of force or violence to prevent others from exercising their rights under the Constitution or laws of the United States or of any State, or which seeks to overthrow the Government of the United States or any State or subdivision thereof by unlawful means."
Richard Nixon.
Cross References
Affidavit that acceptance of office will not violate this section, see
Disloyalty and asserting the right to strike against the Government, public officers and employees, see
Section Referred to in Other Sections
This section is referred to in
§7312. Employment and clearance; individuals removed for national security
Removal under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 26, 1950, ch. 803, §1 (4th and 5th provisos), |
The words "Removal under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
§7313. Riots and civil disorders
(a) An individual convicted by any Federal, State, or local court of competent jurisdiction of—
(1) inciting a riot or civil disorder;
(2) organizing, promoting, encouraging, or participating in a riot or civil disorder;
(3) aiding or abetting any person in committing any offense specified in clause (1) or (2); or
(4) any offense determined by the head of the employing agency to have been committed in furtherance of, or while participating in, a riot or civil disorder;
shall, if the offense for which he is convicted is a felony, be ineligible to accept or hold any position in the Government of the United States or in the government of the District of Columbia for the five years immediately following the date upon which his conviction becomes final. Any such individual holding a position in the Government of the United States or the government of the District of Columbia on the date his conviction becomes final shall be removed from such position.
(b) For the purposes of this section, "felony" means any offense for which imprisonment is authorized for a term exceeding one year.
(Added
Effective Date
Section 1002 of
Receipt of Benefits Under Laws Providing Relief for Disaster Victims
Section 1106(e) of
SUBCHAPTER III—POLITICAL ACTIVITIES
Amendments
1993—
Subchapter Referred to in Other Sections
This subchapter is referred to in
§7321. Political participation
It is the policy of the Congress that employees should be encouraged to exercise fully, freely, and without fear of penalty or reprisal, and to the extent not expressly prohibited by law, their right to participate or to refrain from participating in the political processes of the Nation.
(Added
Prior Provisions
A prior section 7321,
Effective Date; Savings Provision
Section 12 of
"(a) The amendments made by this Act [enacting
"(b) Any repeal or amendment made by this Act of any provision of law shall not release or extinguish any penalty, forfeiture, or liability incurred under that provision, and that provision shall be treated as remaining in force for the purpose of sustaining any proper proceeding or action for the enforcement of that penalty, forfeiture, or liability.
"(c) No provision of this Act shall affect any proceedings with respect to which the charges were filed on or before the effective date of the amendments made by this Act. Orders shall be issued in such proceedings and appeals shall be taken therefrom as if this Act had not been enacted."
Delegation of Authority
Memorandum of President of the United States, Oct. 27, 1994, 59 F.R. 54515, provided:
Memorandum for the Secretary of Defense
Pursuant to authority vested in me as the Chief Executive Officer of the United States, and consistent with the provisions of the Hatch Act Reform Amendment regulations, 5 CFR 734.104, and
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
Memorandum of President of the United States, Oct. 24, 1994, 59 F.R. 54121, provided:
Memorandum for the Secretary of State
Pursuant to authority vested in me as the Chief Executive Officer of the United States, and consistent with the provisions of the Hatch Act Reform Amendment regulations, 5 CFR 734.104, and
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
Memorandum of President of the United States, Sept. 30, 1994, 59 F.R. 50809, provided:
Memorandum for the Attorney General
Pursuant to authority vested in me as the Chief Executive Officer of the United States, and consistent with the provisions of the Hatch Act Reform Amendment regulations, 5 CFR 734.104, and
You are authorized and directed to publish this memorandum in the Federal Register.
William J. Clinton.
§7322. Definitions
For the purpose of this subchapter—
(1) "employee" means any individual, other than the President and the Vice President, employed or holding office in—
(A) an Executive agency other than the General Accounting Office;
(B) a position within the competitive service which is not in an Executive agency; or
(C) the government of the District of Columbia, other than the Mayor or a member of the City Council or the Recorder of Deeds;
but does not include a member of the uniformed services;
(2) "partisan political office" means any office for which any candidate is nominated or elected as representing a party any of whose candidates for Presidential elector received votes in the last preceding election at which Presidential electors were selected, but shall exclude any office or position within a political party or affiliated organization; and
(3) "political contribution"—
(A) means any gift, subscription, loan, advance, or deposit of money or anything of value, made for any political purpose;
(B) includes any contract, promise, or agreement, express or implied, whether or not legally enforceable, to make a contribution for any political purpose;
(C) includes any payment by any person, other than a candidate or a political party or affiliated organization, of compensation for the personal services of another person which are rendered to any candidate or political party or affiliated organization without charge for any political purpose; and
(D) includes the provision of personal services for any political purpose.
(Added
Prior Provisions
A prior section 7322,
Section Referred to in Other Sections
This section is referred to in title 18 sections 602, 603, 610.
§7323. Political activity authorized; prohibitions
(a) Subject to the provisions of subsection (b), an employee may take an active part in political management or in political campaigns, except an employee may not—
(1) use his official authority or influence for the purpose of interfering with or affecting the result of an election;
(2) knowingly solicit, accept, or receive a political contribution from any person, unless such person is—
(A) a member of the same Federal labor organization as defined under
(B) not a subordinate employee; and
(C) the solicitation is for a contribution to the multicandidate political committee (as defined under section 315(a)(4) of the Federal Election Campaign Act of 1971 (
(3) run for the nomination or as a candidate for election to a partisan political office; or
(4) knowingly solicit or discourage the participation in any political activity of any person who—
(A) has an application for any compensation, grant, contract, ruling, license, permit, or certificate pending before the employing office of such employee; or
(B) is the subject of or a participant in an ongoing audit, investigation, or enforcement action being carried out by the employing office of such employee.
(b)(1) An employee of the Federal Election Commission (except one appointed by the President, by and with the advice and consent of the Senate), may not request or receive from, or give to, an employee, a Member of Congress, or an officer of a uniformed service a political contribution.
(2)(A) No employee described under subparagraph (B) (except one appointed by the President, by and with the advice and consent of the Senate), may take an active part in political management or political campaigns.
(B) The provisions of subparagraph (A) shall apply to—
(i) an employee of—
(I) the Federal Election Commission;
(II) the Federal Bureau of Investigation;
(III) the Secret Service;
(IV) the Central Intelligence Agency;
(V) the National Security Council;
(VI) the National Security Agency;
(VII) the Defense Intelligence Agency;
(VIII) the Merit Systems Protection Board;
(IX) the Office of Special Counsel;
(X) the Office of Criminal Investigation of the Internal Revenue Service;
(XI) the Office of Investigative Programs of the United States Customs Service;
(XII) the Office of Law Enforcement of the Bureau of Alcohol, Tobacco, and Firearms; or
(XIII) the National Imagery and Mapping Agency; or
(ii) a person employed in a position described under
(3) No employee of the Criminal Division of the Department of Justice (except one appointed by the President, by and with the advice and consent of the Senate), may take an active part in political management or political campaigns.
(4) For purposes of this subsection, the term "active part in political management or in a political campaign" means those acts of political management or political campaigning which were prohibited for employees of the competitive service before July 19, 1940, by determinations of the Civil Service Commission under the rules prescribed by the President.
(c) An employee retains the right to vote as he chooses and to express his opinion on political subjects and candidates.
(Added
References in Text
The date of enactment of the Hatch Act Reform Amendments of 1993, referred to in subsec. (a)(2)(A), (C), is the date of enactment of
Prior Provisions
A prior section 7323,
Amendments
1996—Subsec. (b)(2)(B)(i)(XIII).
1994—Subsec. (b)(2)(B)(i)(XIII).
Effective Date of 1996 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§7324. Political activities on duty; prohibition
(a) An employee may not engage in political activity—
(1) while the employee is on duty;
(2) in any room or building occupied in the discharge of official duties by an individual employed or holding office in the Government of the United States or any agency or instrumentality thereof;
(3) while wearing a uniform or official insignia identifying the office or position of the employee; or
(4) using any vehicle owned or leased by the Government of the United States or any agency or instrumentality thereof.
(b)(1) An employee described in paragraph (2) of this subsection may engage in political activity otherwise prohibited by subsection (a) if the costs associated with that political activity are not paid for by money derived from the Treasury of the United States.
(2) Paragraph (1) applies to an employee—
(A) the duties and responsibilities of whose position continue outside normal duty hours and while away from the normal duty post; and
(B) who is—
(i) an employee paid from an appropriation for the Executive Office of the President; or
(ii) an employee appointed by the President, by and with the advice and consent of the Senate, whose position is located within the United States, who determines policies to be pursued by the United States in relations with foreign powers or in the nationwide administration of Federal laws.
(Added
Prior Provisions
A prior section 7324,
Section Referred to in Other Sections
This section is referred to in
§7325. Political activity permitted; employees residing in certain municipalities
The Office of Personnel Management may prescribe regulations permitting employees, without regard to the prohibitions in paragraphs (2) and (3) of section 7323(a) and paragraph (2) of
(1) the municipality or political subdivision is in Maryland or Virginia and in the immediate vicinity of the District of Columbia, or is a municipality in which the majority of voters are employed by the Government of the United States; and
(2) the Office determines that because of special or unusual circumstances which exist in the municipality or political subdivision it is in the domestic interest of the employees and individuals to permit that political participation.
(Added
Prior Provisions
A prior section 7325,
Amendments
1996—
§7326. Penalties
An employee or individual who violates
(Added
Prior Provisions
A prior section 7326,
A prior section 7327,
A prior section 7328, added
SUBCHAPTER IV—FOREIGN GIFTS AND DECORATIONS
Amendments
1967—
[§7341. Repealed. Pub. L. 90–83, §1(45)(B), Sept. 11, 1967, 81 Stat. 208 ]
Section,
§7342. Receipt and disposition of foreign gifts and decorations
(a) For the purpose of this section—
(1) "employee" means—
(A) an employee as defined by
(B) an expert or consultant who is under contract under
(C) an individual employed by, or occupying an office or position in, the government of a territory or possession of the United States or the government of the District of Columbia;
(D) a member of a uniformed service;
(E) the President and the Vice President;
(F) a Member of Congress as defined by
(G) the spouse of an individual described in subparagraphs (A) through (F) (unless such individual and his or her spouse are separated) or a dependent (within the meaning of section 152 of the Internal Revenue Code of 1986) of such an individual, other than a spouse or dependent who is an employee under subparagraphs (A) through (F);
(2) "foreign government" means—
(A) any unit of foreign governmental authority, including any foreign national, State, local, and municipal government;
(B) any international or multinational organization whose membership is composed of any unit of foreign government described in subparagraph (A); and
(C) any agent or representative of any such unit or such organization, while acting as such;
(3) "gift" means a tangible or intangible present (other than a decoration) tendered by, or received from, a foreign government;
(4) "decoration" means an order, device, medal, badge, insignia, emblem, or award tendered by, or received from, a foreign government;
(5) "minimal value" means a retail value in the United States at the time of acceptance of $100 or less, except that—
(A) on January 1, 1981, and at 3 year intervals thereafter, "minimal value" shall be redefined in regulations prescribed by the Administrator of General Services, in consultation with the Secretary of State, to reflect changes in the consumer price index for the immediately preceding 3-year period; and
(B) regulations of an employing agency may define "minimal value" for its employees to be less than the value established under this paragraph; and
(6) "employing agency" means—
(A) the Committee on Standards of Official Conduct of the House of Representatives, for Members and employees of the House of Representatives, except that those responsibilities specified in subsections (c)(2)(A), (e)(1), and (g)(2)(B) shall be carried out by the Clerk of the House;
(B) the Select Committee on Ethics of the Senate, for Senators and employees of the Senate, except that those responsibilities (other than responsibilities involving approval of the employing agency) specified in subsections (c)(2), (d), and (g)(2)(B) shall be carried out by the Secretary of the Senate;
(C) the Administrative Office of the United States Courts, for judges and judicial branch employees; and
(D) the department, agency, office, or other entity in which an employee is employed, for other legislative branch employees and for all executive branch employees.
(b) An employee may not—
(1) request or otherwise encourage the tender of a gift or decoration; or
(2) accept a gift or decoration, other than in accordance with the provisions of subsections (c) and (d).
(c)(1) The Congress consents to—
(A) the accepting and retaining by an employee of a gift of minimal value tendered and received as a souvenir or mark of courtesy; and
(B) the accepting by an employee of a gift of more than minimal value when such gift is in the nature of an educational scholarship or medical treatment or when it appears that to refuse the gift would likely cause offense or embarrassment or otherwise adversely affect the foreign relations of the United States, except that—
(i) a tangible gift of more than minimal value is deemed to have been accepted on behalf of the United States and, upon acceptance, shall become the property of the United States; and
(ii) an employee may accept gifts of travel or expenses for travel taking place entirely outside the United States (such as transportation, food, and lodging) of more than minimal value if such acceptance is appropriate, consistent with the interests of the United States, and permitted by the employing agency and any regulations which may be prescribed by the employing agency.
(2) Within 60 days after accepting a tangible gift of more than minimal value (other than a gift described in paragraph (1)(B)(ii)), an employee shall—
(A) deposit the gift for disposal with his or her employing agency; or
(B) subject to the approval of the employing agency, deposit the gift with that agency for official use.
Within 30 days after terminating the official use of a gift under subparagraph (B), the employing agency shall forward the gift to the Administrator of General Services in accordance with subsection (e)(1) or provide for its disposal in accordance with subsection (e)(2).
(3) When an employee deposits a gift of more than minimal value for disposal or for official use pursuant to paragraph (2), or within 30 days after accepting travel or travel expenses as provided in paragraph (1)(B)(ii) unless such travel or travel expenses are accepted in accordance with specific instructions of his or her employing agency, the employee shall file a statement with his or her employing agency or its delegate containing the information prescribed in subsection (f) for that gift.
(d) The Congress consents to the accepting, retaining, and wearing by an employee of a decoration tendered in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance, subject to the approval of the employing agency of such employee. Without this approval, the decoration is deemed to have been accepted on behalf of the United States, shall become the property of the United States, and shall be deposited by the employee, within sixty days of acceptance, with the employing agency for official use, for forwarding to the Administrator of General Services for disposal in accordance with subsection (e)(1), or for disposal in accordance with subsection (e)(2).
(e)(1) Except as provided in paragraph (2), gifts and decorations that have been deposited with an employing agency for disposal shall be (A) returned to the donor, or (B) forwarded to the Administrator of General Services for transfer, donation, or other disposal in accordance with the provisions of the Federal Property and Administrative Services Act of 1949. However, no gift or decoration that has been deposited for disposal may be sold without the approval of the Secretary of State, upon a determination that the sale will not adversely affect the foreign relations of the United States. Gifts and decorations may be sold by negotiated sale.
(2) Gifts and decorations received by a Senator or an employee of the Senate that are deposited with the Secretary of the Senate for disposal, or are deposited for an official use which has terminated, shall be disposed of by the Commission on Arts and Antiquities of the United States Senate. Any such gift or decoration, may be returned by the Commission to the donor or may be transferred or donated by the Commission, subject to such terms and conditions as it may prescribe, (A) to an agency or instrumentality of (i) the United States, (ii) a State, territory, or possession of the United States, or a political subdivision of the foregoing, or (iii) the District of Columbia, or (B) to an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code. Any such gift or decoration not disposed of as provided in the preceding sentence shall be forwarded to the Administrator of General Services for disposal in accordance with paragraph (1). If the Administrator does not dispose of such gift or decoration within one year, he shall, at the request of the Commission, return it to the Commission and the Commission may dispose of such gift or decoration in such manner as it considers proper, except that such gift or decoration may be sold only with the approval of the Secretary of State upon a determination that the sale will not adversely affect the foreign relations of the United States.
(f)(1) Not later than January 31 of each year, each employing agency or its delegate shall compile a listing of all statements filed during the preceding year by the employees of that agency pursuant to subsection (c)(3) and shall transmit such listing to the Secretary of State who shall publish a comprehensive listing of all such statements in the Federal Register.
(2) Such listings shall include for each tangible gift reported—
(A) the name and position of the employee;
(B) a brief description of the gift and the circumstances justifying acceptance;
(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift;
(D) the date of acceptance of the gift;
(E) the estimated value in the United States of the gift at the time of acceptance; and
(F) disposition or current location of the gift.
(3) Such listings shall include for each gift of travel or travel expenses—
(A) the name and position of the employee;
(B) a brief description of the gift and the circumstances justifying acceptance; and
(C) the identity, if known, of the foreign government and the name and position of the individual who presented the gift.
(4) In transmitting such listings for the Central Intelligence Agency, the Director of Central Intelligence may delete the information described in subparagraphs (A) and (C) of paragraphs (2) and (3) if the Director certifies in writing to the Secretary of State that the publication of such information could adversely affect United States intelligence sources.
(g)(1) Each employing agency shall prescribe such regulations as may be necessary to carry out the purpose of this section. For all employing agencies in the executive branch, such regulations shall be prescribed pursuant to guidance provided by the Secretary of State. These regulations shall be implemented by each employing agency for its employees.
(2) Each employing agency shall—
(A) report to the Attorney General cases in which there is reason to believe that an employee has violated this section;
(B) establish a procedure for obtaining an appraisal, when necessary, of the value of gifts; and
(C) take any other actions necessary to carry out the purpose of this section.
(h) The Attorney General may bring a civil action in any district court of the United States against any employee who knowingly solicits or accepts a gift from a foreign government not consented to by this section or who fails to deposit or report such gift as required by this section. The court in which such action is brought may assess a penalty against such employee in any amount not to exceed the retail value of the gift improperly solicited or received plus $5,000.
(i) The President shall direct all Chiefs of a United States Diplomatic Mission to inform their host governments that it is a general policy of the United States Government to prohibit United States Government employees from receiving gifts or decorations of more than minimal value.
(j) Nothing in this section shall be construed to derogate any regulation prescribed by any employing agency which provides for more stringent limitations on the receipt of gifts and decorations by its employees.
(k) The provisions of this section do not apply to grants and other forms of assistance to which section 108A of the Mutual Educational and Cultural Exchange Act of 1961 applies.
(Added
Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
---|---|---|
7342(a) | 22:2621. | Oct. 15, 1966, |
7342(b) | 22:2622. | Oct. 15, 1966, |
7342(c) | 22:2623. | Oct. 15, 1966, |
7342(d) | 22:2624. | Oct. 15, 1966, |
7342(e) | 22:2626. | Oct. 15, 1966, |
The definitions of "employee" and "uniformed services" in
In subsection (b), the words "An employee may not" are substituted for "No person shall" to conform to the definition applicable and style of
In subsection (c), the words "under regulations prescribed under this section" are substituted for "in accordance with the rules and regulations issued pursuant to this Act".
In subsection (e), the words "The President may prescribe regulations to carry out the purpose of this section" are substituted for "Rules and regulations to carry out the purposes of this Act may be prescribed by or under the authority of the President". Under
References in Text
Section 152 of the Internal Revenue Code of 1986, referred to in subsec. (a)(1)(G), is classified to
The Federal Property and Administrative Services Act of 1949, as amended, referred to in subsec. (e)(1), is act June 30, 1949, ch. 288,
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (e)(2), is classified to
Section 108A of the Mutual Educational and Cultural Exchange Act of 1961, referred to in subsec. (k), is classified to
Amendments
1986—Subsecs. (a)(1)(G), (e)(2).
1978—Subsec. (a)(6)(A).
Subsec. (a)(6)(B).
Subsec. (c)(2).
Subsec. (d).
Subsec. (e).
1977—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsecs. (f) to (k).
Effective Date of 1977 Amendment
Section 515(a)(2) of
Transfer of Functions
Certain functions of Clerk of House of Representatives transferred to Director of Non-legislative and Financial Services by section 7 of House Resolution No. 423, One Hundred Second Congress, Apr. 9, 1992. Director of Non-legislative and Financial Services replaced by Chief Administrative Officer of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Leasing of Space and Facilities for Storing and Safeguarding Property
Section 712(d) of
Wearing of Certain Decorations
Section 33A of act Aug. 10, 1956, ch. 1041, as added by
Executive Order No. 11320
Ex. Ord. No. 11320, Dec. 12, 1966, 31 F.R. 15789, which delegated to the Secretary of State the authority of the President under
Ex Ord. No. 11446. Acceptance of Service Medals and Ribbons From Multilateral Organizations Other Than United Nations
Ex. Ord. No. 11446, Jan. 16, 1969, 34 F.R. 803, provided:
By virtue of the authority vested in me as President of the United States and as Commander in Chief of the Armed Forces of the United States, I hereby authorize the Secretary of Defense, with respect to members of the Army, Navy, Air Force, and Marine Corps, and the Secretary of Transportation, with respect to members of the Coast Guard when it is not operating as a service in the Navy, to prescribe regulations for the acceptance of medals and ribbons which are offered by multilateral organizations, other than the United Nations, to members of the Armed Forces of the United States in recognition of service conducted under the auspices of those organizations. A determination that service for a multilateral organization in a particular geographical area or for a particular purpose constitutes a justifiable basis for authorizing acceptance of the medal or ribbon offered to eligible members of the Armed Forces of the United States shall be made with the concurrence of the Secretary of State.
Lyndon B. Johnson.
Section Referred to in Other Sections
This section is referred to in title 2 section 31–2; title 15 section 278g; title 22 sections 2458a, 2694; title 31 section 1353.
SUBCHAPTER V—MISCONDUCT
§7351. Gifts to superiors
(a) An employee may not—
(1) solicit a contribution from another employee for a gift to an official superior;
(2) make a donation as a gift or give a gift to an official superior; or
(3) accept a gift from an employee receiving less pay than himself.
(b) An employee who violates this section shall be subject to appropriate disciplinary action by the employing agency or entity.
(c) Each supervising ethics office (as defined in section 7353(d)(1)) is authorized to issue regulations implementing this section, including regulations exempting voluntary gifts or contributions that are given or received for special occasions such as marriage or retirement or under other circumstances in which gifts are traditionally given or exchanged.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
R.S. §1784. |
The application of the section is confined to employees, since the President and Members of Congress, though officers, could not have been intended to be "summarily discharged", and members of uniformed services are not covered by this statute. In the last sentence, the word "removed" is substituted for "summarily discharged" because of the provisions of the Lloyd-LaFollette Act,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1990—Subsec. (a)(2).
Subsec. (c).
1989—
Inapplicability to Transfers of Unused Accrued Annual Leave by Federal Employees; Exception
Cross References
Removals from competitive civil service only for cause, see
Section Referred to in Other Sections
This section is referred to in
§7352. Excessive and habitual use of intoxicants
An individual who habitually uses intoxicating beverages to excess may not be employed in the competitive service.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Jan. 16, 1883, ch. 27, §8, |
The word "employed" is substituted for "appointed to, or retained in" because it includes both.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 22 section 3622.
§7353. Gifts to Federal employees
(a) Except as permitted by subsection (b), no Member of Congress or officer or employee of the executive, legislative, or judicial branch shall solicit or accept anything of value from a person—
(1) seeking official action from, doing business with, or (in the case of executive branch officers and employees) conducting activities regulated by, the individual's employing entity; or
(2) whose interests may be substantially affected by the performance or nonperformance of the individual's official duties.
(b)(1) Each supervising ethics office is authorized to issue rules or regulations implementing the provisions of this section and providing for such reasonable exceptions as may be appropriate.
(2)(A) Subject to subparagraph (B), a Member, officer, or employee may accept a gift pursuant to rules or regulations established by such individual's supervising ethics office pursuant to paragraph (1).
(B) No gift may be accepted pursuant to subparagraph (A) in return for being influenced in the performance of any official act.
(3) Nothing in this section precludes a Member, officer, or employee from accepting gifts on behalf of the United States Government or any of its agencies in accordance with statutory authority.
(c) A Member of Congress or an officer or employee who violates this section shall be subject to appropriate disciplinary and other remedial action in accordance with any applicable laws, Executive orders, and rules or regulations.
(d) For purposes of this section—
(1) the term "supervising ethics office" means—
(A) the Committee on Standards of Official Conduct of the House of Representatives or the House of Representatives as a whole, for Members, officers, and employees of the House of Representatives;
(B) the Select Committee on Ethics of the Senate, or the Senate as a whole, for Senators, officers, and employees of the Senate;
(C) the Judicial Conference of the United States for judges and judicial branch officers and employees;
(D) the Office of Government Ethics for all executive branch officers and employees; and
(E) in the case of legislative branch officers and employees other than those specified in subparagraphs (A) and (B), the committee referred to in either such subparagraph to which reports filed by such officers and employees under title I of the Ethics in Government Act of 1978 are transmitted under such title, except that the authority of this section may be delegated by such committee with respect to such officers and employees; and
(2) the term "officer or employee" means an individual holding an appointive or elective position in the executive, legislative, or judicial branch of Government, other than a Member of Congress.
(Added
References in Text
The Ethics in Government Act of 1978, referred to in subsec. (d)(1)(E), is
Amendments
1990—Subsec. (a).
Subsec. (a)(1).
Subsec. (c).
Subsec. (d)(1)(B).
Subsec. (d)(1)(E).
Subsec. (d)(2).
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER VI—DRUG ABUSE, ALCOHOL ABUSE, AND ALCOHOLISM
§7361. Drug abuse
(a) The Office of Personnel Management shall be responsible for developing, in cooperation with the President, with the Secretary of Health and Human Services (acting through the National Institute on Drug Abuse), and with other agencies, and in accordance with applicable provisions of this subchapter, appropriate prevention, treatment, and rehabilitation programs and services for drug abuse among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of employees and to employees who have family members who are drug abusers. Such programs and services shall make optimal use of existing governmental facilities, services, and skills.
(b) Section 527 1 of the Public Health Service Act (
(c) Each agency shall, with respect to any programs or services provided by such agency, submit such written reports as the Office may require in connection with any report required under
(d) For the purpose of this section, the term "agency" means an Executive agency.
(Added
References in Text
Section 527 of the Public Health Service Act, referred to in subsec. (b) and formerly classified to
Educational Program for Federal Employees Relating to Drug and Alcohol Abuse
Section 6003 of
"(a)
"(b)
"(1) the short-term and long-term health hazards associated with alcohol abuse and drug abuse;
"(2) the symptoms of alcohol abuse and drug abuse;
"(3) the availability of any prevention, treatment, or rehabilitation programs or services relating to alcohol abuse or drug abuse, whether provided by the Federal Government or otherwise;
"(4) confidentiality protections afforded in connection with any prevention, treatment, or rehabilitation programs or services;
"(5) any penalties provided under law or regulation, and any administrative action (permissive or mandatory), relating to the use of alcohol or drugs by a Federal Government employee or the failure to seek or receive appropriate treatment or rehabilitation services; and
"(6) any other matter which the Director considers appropriate."
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§7362. Alcohol abuse and alcoholism
(a) The Office of Personnel Management shall be responsible for developing, in cooperation with the Secretary of Health and Human Services and with other agencies, and in accordance with applicable provisions of this subpart, appropriate prevention, treatment, and rehabilitation programs and services for alcohol abuse and alcoholism among employees. Such agencies are encouraged to extend, to the extent feasible, such programs and services to the families of alcoholic employees and to employees who have family members who are alcoholics. Such programs and services shall make optimal use of existing governmental facilities, services, and skills.
(b) Section 523 1 of the Public Health Service Act (
(c) Each agency shall, with respect to any programs or services provided by such agency, submit such written reports as the Office may require in connection with any report required under
(d) For the purpose of this section, the term "agency" means an Executive agency.
(Added
References in Text
Section 523 of the Public Health Service Act, referred to in subsec. (b) and formerly classified to
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§7363. Reports to Congress
(a) The Office of Personnel Management shall, within 6 months after the date of the enactment of the Federal Employee Substance Abuse Education and Treatment Act of 1986 and annually thereafter, submit to each House of Congress a report containing the matters described in subsection (b).
(b) Each report under this section shall include—
(1) a description of any programs or services provided under
(2) a description of the levels of participation in each program and service provided under
(3) a description of the training and qualifications required of the personnel providing any program or service under
(4) a description of the training given to supervisory personnel in connection with recognizing the symptoms of drug or alcohol abuse and the procedures (including those relating to confidentiality) under which individuals are referred for treatment, rehabilitation, or other assistance;
(5) any recommendations for legislation considered appropriate by the Office and any proposed administrative actions; and
(6) information describing any other related activities under
(Added
References in Text
The date of the enactment of the Federal Employee Substance Abuse Education and Treatment Act of 1986, referred to in subsec. (a), is the date of enactment of title VI of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by "of".
CHAPTER 75 —ADVERSE ACTIONS
SUBCHAPTER I—SUSPENSION OF 1 14 DAYS OR LESS
SUBCHAPTER II—REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS
SUBCHAPTER III—ADMINISTRATIVE LAW JUDGES
SUBCHAPTER IV—NATIONAL SECURITY
SUBCHAPTER V—SENIOR EXECUTIVE SERVICE
Amendments
1978—
Chapter Referred to in Other Sections
This chapter is referred to in
1 So in original. Does not conform to subchapter heading.
SUBCHAPTER I—SUSPENSION FOR 14 DAYS OR LESS
Amendments
1978—
§7501. Definitions
For the purpose of this subchapter—
(1) "employee" means an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment in the same or similar positions under other than a temporary appointment limited to 1 year or less; and
(2) "suspension" means the placing of an employee, for disciplinary reasons, in a temporary status without duties and pay.
(Added
Prior Provisions
A prior section 7501,
Effective Date
Subchapter effective 90 days after Oct. 13, 1978, see section 907 of
Short Title of 1990 Amendment
Section Referred to in Other Sections
This section is referred to in
§7502. Actions covered
This subchapter applies to a suspension for 14 days or less, but does not apply to a suspension under
(Added
Amendments
1989—
Effective Date of 1989 Amendment
Amendment by
§7503. Cause and procedure
(a) Under regulations prescribed by the Office of Personnel Management, an employee may be suspended for 14 days or less for such cause as will promote the efficiency of the service (including discourteous conduct to the public confirmed by an immediate supervisor's report of four such instances within any one-year period or any other pattern of discourteous conduct).
(b) An employee against whom a suspension for 14 days or less is proposed is entitled to—
(1) an advance written notice stating the specific reasons for the proposed action;
(2) a reasonable time to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;
(3) be represented by an attorney or other representative; and
(4) a written decision and the specific reasons therefor at the earliest practicable date.
(c) Copies of the notice of proposed action, the answer of the employee if written, a summary thereof if made orally, the notice of decision and reasons therefor, and any order effecting 1 the suspension, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee's request.
(Added
1 So in original. Probably should be "affecting".
§7504. Regulations
The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter.
(Added
SUBCHAPTER II—REMOVAL, SUSPENSION FOR MORE THAN 14 DAYS, REDUCTION IN GRADE OR PAY, OR FURLOUGH FOR 30 DAYS OR LESS
Amendments
1978—
Subchapter Referred to in Other Sections
This subchapter is referred to in
§7511. Definitions; application
(a) For the purpose of this subchapter—
(1) "employee" means—
(A) an individual in the competitive service—
(i) who is not serving a probationary or trial period under an initial appointment; or
(ii) who has completed 1 year of current continuous service under other than a temporary appointment limited to 1 year or less;
(B) a preference eligible in the excepted service who has completed 1 year of current continuous service in the same or similar positions—
(i) in an Executive agency; or
(ii) in the United States Postal Service or Postal Rate Commission; and
(C) an individual in the excepted service (other than a preference eligible)—
(i) who is not serving a probationary or trial period under an initial appointment pending conversion to the competitive service; or
(ii) who has completed 2 years of current continuous service in the same or similar positions in an Executive agency under other than a temporary appointment limited to 2 years or less;
(2) "suspension" has the same meaning as set forth in
(3) "grade" means a level of classification under a position classification system;
(4) "pay" means the rate of basic pay fixed by law or administrative action for the position held by an employee; and
(5) "furlough" means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons.
(b) This subchapter does not apply to an employee—
(1) whose appointment is made by and with the advice and consent of the Senate;
(2) whose position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by—
(A) the President for a position that the President has excepted from the competitive service;
(B) the Office of Personnel Management for a position that the Office has excepted from the competitive service; or
(C) the President or the head of an agency for a position excepted from the competitive service by statute;
(3) whose appointment is made by the President;
(4) who is receiving an annuity from the Civil Service Retirement and Disability Fund, or the Foreign Service Retirement and Disability Fund, based on the service of such employee;
(5) who is described in section 8337(h)(1), relating to technicians in the National Guard;
(6) who is a member of the Foreign Service, as described in section 103 of the Foreign Service Act of 1980;
(7) whose position is within the Central Intelligence Agency or the General Accounting Office;
(8) whose position is within the United States Postal Service, the Postal Rate Commission, the Panama Canal Commission, the Tennessee Valley Authority, the Federal Bureau of Investigation, an intelligence component of the Department of Defense (as defined in
(9) who is described in
(10) who holds a position within the Veterans Health Administration which has been excluded from the competitive service by or under a provision of title 38, unless such employee was appointed to such position under section 7401(3) of such title.
(c) The Office may provide for the application of this subchapter to any position or group of positions excepted from the competitive service by regulation of the Office which is not otherwise covered by this subchapter.
(Added
References in Text
Section 103 of the Foreign Service Act of 1980, referred to in subsec. (b)(6), is classified to
Prior Provisions
A prior section 7511,
Amendments
1996—Subsec. (b)(8).
1994—Subsec. (b)(8).
1992—Subsec. (b)(7).
Subsec. (b)(10).
1990—
"(a) For the purpose of this subchapter—
"(1) 'employee' means—
"(A) an individual in the competitive service who is not serving a probationary or trial period under an initial appointment or who has completed 1 year of current continuous employment under other than a temporary appointment limited to 1 year or less; and
"(B) a preference eligible in an Executive agency in the excepted service, and a preference eligible in the United States Postal Service or the Postal Rate Commission, who has completed 1 year of current continuous service in the same or similar positions;
"(2) 'suspension' has the meaning as set forth in
"(3) 'grade' means a level of classification under a position classification system;
"(4) 'pay' means the rate of basic pay fixed by law or administrative action for the position held by an employee; and
"(5) 'furlough' means the placing of an employee in a temporary status without duties and pay because of lack of work or funds or other nondisciplinary reasons.
"(b) This subchapter does not apply to an employee—
"(1) whose appointment is made by and with the advice and consent of the Senate;
"(2) whose position has been determined to be of a confidential, policy-determining, policy-making or policy-advocating character by—
"(A) the Office of Personnel Management for a position that it has excepted from the competitive service; or
"(B) the President or the head of an agency for a position which is excepted from the competitive service by statute.
"(c) The Office may provide for the application of this subchapter to any position or group of positions excepted from the competitive service by regulation of the Office."
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1992 Amendment
Section 6(b) of
"(1) The amendments made by subsection (a) [amending this section] shall apply with respect to any personnel action taking effect on or after the date of enactment of this Act [Oct. 2, 1992].
"(2) In the case of an employee or former employee of the Veterans Health Administration (or predecessor agency in name)—
"(A) against whom an adverse personnel action was taken before the date of enactment of this Act,
"(B) who, as a result of the enactment of the Civil Service Due Process Amendments (
"(C) as to whom that appeal right is restored as a result of the enactment of subsection (a), or would have been restored but for the passage of time, and
"(D) who is not precluded, by
the deadline for bringing an appeal under section 7513(d) or section 4303(e) of such title with respect to such action shall be the latter of—
"(i) the 60th day after the date of enactment of this Act; or
"(ii) the deadline which would otherwise apply if this paragraph had not been enacted."
Effective Date of 1990 Amendment
Amendment by
Effective Date
Subchapter effective 90 days after Oct. 13, 1978, see section 907 of
Section Referred to in Other Sections
This section is referred to in
§7512. Actions covered
This subchapter applies to—
(1) a removal;
(2) a suspension for more than 14 days;
(3) a reduction in grade;
(4) a reduction in pay; and
(5) a furlough of 30 days or less;
but does not apply to—
(A) a suspension or removal under
(B) a reduction-in-force action under
(C) the reduction in grade of a supervisor or manager who has not completed the probationary period under
(D) a reduction in grade or removal under
(E) an action initiated under
(Added
Prior Provisions
A prior section 7512,
Amendments
1989—Par. (E).
Effective Date of 1989 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§7513. Cause and procedure
(a) Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for such cause as will promote the efficiency of the service.
(b) An employee against whom an action is proposed is entitled to—
(1) at least 30 days' advance written notice, unless there is reasonable cause to believe the employee has committed a crime for which a sentence of imprisonment may be imposed, stating the specific reasons for the proposed action;
(2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;
(3) be represented by an attorney or other representative; and
(4) a written decision and the specific reasons therefor at the earliest practicable date.
(c) An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (b)(2) of this section.
(d) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under
(e) Copies of the notice of proposed action, the answer of the employee when written, a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Board upon its request and to the employee affected upon the employee's request.
(Added
Section Referred to in Other Sections
This section is referred to in
§7514. Regulations
The Office of Personnel Management may prescribe regulations to carry out the purpose of this subchapter, except as it concerns any matter with respect to which the Merit Systems Protection Board may prescribe regulations.
(Added
SUBCHAPTER III—ADMINISTRATIVE LAW JUDGES
Amendments
1978—
§7521. Actions against administrative law judges
(a) An action may be taken against an administrative law judge appointed under
(b) The actions covered by this section are—
(1) a removal;
(2) a suspension;
(3) a reduction in grade;
(4) a reduction in pay; and
(5) a furlough of 30 days or less;
but do not include—
(A) a suspension or removal under
(B) a reduction-in-force action under
(C) any action initiated under
(Added
Prior Provisions
A prior section 7521,
Amendments
1989—Subsec. (b)(C).
Effective Date of 1989 Amendment
Amendment by
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER IV—NATIONAL SECURITY
§7531. Definitions
For the purpose of this subchapter, "agency" means—
(1) the Department of State;
(2) the Department of Commerce;
(3) the Department of Justice;
(4) the Department of Defense;
(5) a military department;
(6) the Coast Guard;
(7) the Atomic Energy Commission;
(8) the National Aeronautics and Space Administration; and
(9) such other agency of the Government of the United States as the President designates in the best interests of national security.
The President shall report any designation to the Committees on the Armed Services of the Congress.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 26, 1950, ch. 823, §3, |
Paragraphs (1)–(8) are supplied on authority of former section 22–1, which is carried in part into section 7532. The references to "the Foreign Service of the United States" and "several field services" are omitted as unnecessary since they are within the agencies concerned. The words "military departments" are substituted for the enumeration of the military departments in view of the definition of "military department" in section 102.
The reference to the National Security Resources Board is omitted as the Board was abolished by 1953 Reorg. Plan No. 3, §6, eff. June 12, 1953,
Paragraph (9) is restated to conform to the style of this title.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Abolition of Atomic Energy Commission
Atomic Energy Commission abolished and functions transferred by
Panama Canal and Panama Railroad Company
Ex. Ord. No. 10237, Apr. 27, 1951, 16 F.R. 3627, made the provisions of former
Designation of National Security Agency, Defense Intelligence Agency, and Defense Mapping Agency as "Agencies"
Memorandum of the President of the United States, May 23, 1988, 53 F.R. 26023, provided:
Memorandum for the Secretary of Defense
I have reviewed the personnel security requirements of the National Security Agency, the Defense Intelligence Agency, and the Defense Mapping Agency and the termination provisions of
Therefore, pursuant to the authority set forth in
You are hereby authorized and directed to report these designations to the Committees on Armed Services of the Congress and to publish this memorandum in the Federal Register.
Ronald Reagan.
§7532. Suspension and removal
(a) Notwithstanding other statutes, the head of an agency may suspend without pay an employee of his agency when he considers that action necessary in the interests of national security. To the extent that the head of the agency determines that the interests of national security permit, the suspended employee shall be notified of the reasons for the suspension. Within 30 days after the notification, the suspended employee is entitled to submit to the official designated by the head of the agency statements or affidavits to show why he should be restored to duty.
(b) Subject to subsection (c) of this section, the head of an agency may remove an employee suspended under subsection (a) of this section when, after such investigation and review as he considers necessary, he determines that removal is necessary or advisable in the interests of national security. The determination of the head of the agency is final.
(c) An employee suspended under subsection (a) of this section who—
(1) has a permanent or indefinite appointment;
(2) has completed his probationary or trial period; and
(3) is a citizen of the United States;
is entitled, after suspension and before removal, to—
(A) a written statement of the charges against him within 30 days after suspension, which may be amended within 30 days thereafter and which shall be stated as specifically as security considerations permit;
(B) an opportunity within 30 days thereafter, plus an additional 30 days if the charges are amended, to answer the charges and submit affidavits;
(C) a hearing, at the request of the employee, by an agency authority duly constituted for this purpose;
(D) a review of his case by the head of the agency or his designee, before a decision adverse to the employee is made final; and
(E) a written statement of the decision of the head of the agency.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 26, 1950, ch. 803, §1 (less 3d–5th provisos), |
||
July 29, 1958, |
The application of this section is covered by the definition in section 7531.
In subsection (a), the words "Notwithstanding the provisions of
In subsections (b) and (c), the words "remove" and "removal" are coextensive with and substituted for "terminate the employment", "termination", and "employment is terminated", as appropriate.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Cross References
National Security Agency—
Board of appraisal, personnel appraisal not prerequisite to action under this section, see
Employment, termination notwithstanding this section, see
Restoration to duty of persons suspended or removed under this section, see
Section Referred to in Other Sections
This section is referred to in
§7533. Effect on other statutes
This subchapter does not impair the powers vested in the Atomic Energy Commission by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 26, 1950, ch. 803, §2, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Transfer of Functions
Atomic Energy Commission abolished and functions transferred by
SUBCHAPTER V—SENIOR EXECUTIVE SERVICE
Subchapter Referred to in Other Sections
This subchapter is referred to in
§7541. Definitions
For the purpose of this subchapter—
(1) "employee" means a career appointee in the Senior Executive Service who—
(A) has completed the probationary period prescribed under
(B) was covered by the provisions of subchapter II of this chapter immediately before appointment to the Senior Executive Service; and
(2) "suspension" has the meaning set forth in
(Added
Effective Date
Subchapter effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of
§7542. Actions covered
This subchapter applies to a removal from the civil service or suspension for more than 14 days, but does not apply to an action initiated under
(Added
Amendments
1989—
1981—
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
§7543. Cause and procedure
(a) Under regulations prescribed by the Office of Personnel Management, an agency may take an action covered by this subchapter against an employee only for misconduct, neglect of duty, malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.
(b) An employee against whom an action covered by this subchapter is proposed is entitled to—
(1) at least 30 days' advance written notice, unless there is reasonable cause to believe that the employee has committed a crime for which a sentence of imprisonment can be imposed, stating specific reasons for the proposed action;
(2) a reasonable time, but not less than 7 days, to answer orally and in writing and to furnish affidavits and other documentary evidence in support of the answer;
(3) be represented by an attorney or other representative; and
(4) a written decision and specific reasons therefor at the earliest practicable date.
(c) An agency may provide, by regulation, for a hearing which may be in lieu of or in addition to the opportunity to answer provided under subsection (b)(2) of this section.
(d) An employee against whom an action is taken under this section is entitled to appeal to the Merit Systems Protection Board under
(e) Copies of the notice of proposed action, the answer of the employee when written, and a summary thereof when made orally, the notice of decision and reasons therefor, and any order effecting an action covered by this subchapter, together with any supporting material, shall be maintained by the agency and shall be furnished to the Merit Systems Protection Board upon its request and to the employee affected upon the employee's request.
(Added
Amendments
1984—Subsec. (a).
1981—Subsec. (a).
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1981 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
CHAPTER 77 —APPEALS
Amendments
1978—
Chapter Referred to in Other Sections
This chapter is referred to in title 29 section 783.
§7701. Appellate procedures
(a) An employee, or applicant for employment, may submit an appeal to the Merit Systems Protection Board from any action which is appealable to the Board under any law, rule, or regulation. An appellant shall have the right—
(1) to a hearing for which a transcript will be kept; and
(2) to be represented by an attorney or other representative.
Appeals shall be processed in accordance with regulations prescribed by the Board.
(b)(1) The Board may hear any case appealed to it or may refer the case to an administrative law judge appointed under
(2)(A) If an employee or applicant for employment is the prevailing party in an appeal under this subsection, the employee or applicant shall be granted the relief provided in the decision effective upon the making of the decision, and remaining in effect pending the outcome of any petition for review under subsection (e), unless—
(i) the deciding official determines that the granting of such relief is not appropriate; or
(ii)(I) the relief granted in the decision provides that such employee or applicant shall return or be present at the place of employment during the period pending the outcome of any petition for review under subsection (e); and
(II) the employing agency, subject to the provisions of subparagraph (B), determines that the return or presence of such employee or applicant is unduly disruptive to the work environment.
(B) If an agency makes a determination under subparagraph (A)(ii)(II) that prevents the return or presence of an employee at the place of employment, such employee shall receive pay, compensation, and all other benefits as terms and conditions of employment during the period pending the outcome of any petition for review under subsection (e).
(C) Nothing in the provisions of this paragraph may be construed to require any award of back pay or attorney fees be paid before the decision is final.
(3) With respect to an appeal from an adverse action covered by subchapter V of
(c)(1) Subject to paragraph (2) of this subsection, the decision of the agency shall be sustained under subsection (b) only if the agency's decision—
(A) in the case of an action based on unacceptable performance described in section 4303 or a removal from the Senior Executive Service for failure to be recertified under section 3393a, is supported by substantial evidence; or
(B) in any other case, is supported by a preponderance of the evidence.
(2) Notwithstanding paragraph (1), the agency's decision may not be sustained under subsection (b) of this section if the employee or applicant for employment—
(A) shows harmful error in the application of the agency's procedures in arriving at such decision;
(B) shows that the decision was based on any prohibited personnel practice described in
(C) shows that the decision was not in accordance with law.
(d)(1) In any case in which—
(A) the interpretation or application of any civil service law, rule, or regulation, under the jurisdiction of the Office of Personnel Management is at issue in any proceeding under this section; and
(B) the Director of the Office of Personnel Management is of the opinion that an erroneous decision would have a substantial impact on any civil service law, rule, or regulation under the jurisdiction of the Office;
the Director may as a matter of right intervene or otherwise participate in that proceeding before the Board. If the Director exercises his right to participate in a proceeding before the Board, he shall do so as early in the proceeding as practicable. Nothing in this title shall be construed to permit the Office to interfere with the independent decisionmaking of the Merit Systems Protection Board.
(2) The Board shall promptly notify the Director whenever the interpretation of any civil service law, rule, or regulation under the jurisdiction of the Office is at issue in any proceeding under this section.
(e)(1) Except as provided in
(A) a party to the appeal or the Director petitions the Board for review within 30 days after the receipt of the decision; or
(B) the Board reopens and reconsiders a case on its own motion.
The Board, for good cause shown, may extend the 30-day period referred to in subparagraph (A) of this paragraph. One member of the Board may grant a petition or otherwise direct that a decision be reviewed by the full Board. The preceding sentence shall not apply if, by law, a decision of an administrative law judge is required to be acted upon by the Board.
(2) The Director may petition the Board for a review under paragraph (1) of this subsection only if the Director is of the opinion that the decision is erroneous and will have a substantial impact on any civil service law, rule, or regulation under the jurisdiction of the Office.
(f) The Board, or an administrative law judge or other employee of the Board designated to hear a case, may—
(1) consolidate appeals filed by two or more appellants, or
(2) join two or more appeals filed by the same appellant and hear and decide them concurrently,
if the deciding official or officials hearing the cases are of the opinion that the action could result in the appeals' being processed more expeditiously and would not adversely affect any party.
(g)(1) Except as provided in paragraph (2) of this subsection, the Board, or an administrative law judge or other employee of the Board designated to hear a case, may require payment by the agency involved of reasonable attorney fees incurred by an employee or applicant for employment if the employee or applicant is the prevailing party and the Board, administrative law judge, or other employee (as the case may be) determines that payment by the agency is warranted in the interest of justice, including any case in which a prohibited personnel practice was engaged in by the agency or any case in which the agency's action was clearly without merit.
(2) If an employee or applicant for employment is the prevailing party and the decision is based on a finding of discrimination prohibited under
(h) The Board may, by regulation, provide for one or more alternative methods for settling matters subject to the appellate jurisdiction of the Board which shall be applicable at the election of an applicant for employment or of an employee who is not in a unit for which a labor organization is accorded exclusive recognition, and shall be in lieu of other procedures provided for under this section. A decision under such a method shall be final, unless the Board reopens and reconsiders a case at the request of the Office of Personnel Management under subsection (e) of this section.
(i)(1) Upon the submission of any appeal to the Board under this section, the Board, through reference to such categories of cases, or other means, as it determines appropriate, shall establish and announce publicly the date by which it intends to complete action on the matter. Such date shall assure expeditious consideration of the appeal, consistent with the interests of fairness and other priorities of the Board. If the Board fails to complete action on the appeal by the announced date, and the expected delay will exceed 30 days, the Board shall publicly announce the new date by which it intends to complete action on the appeal.
(2) Not later than March 1 of each year, the Board shall submit to the Congress a report describing the number of appeals submitted to it during the preceding fiscal year, the number of appeals on which it completed action during that year, and the number of instances during that year in which it failed to conclude a proceeding by the date originally announced, together with an explanation of the reasons therefor.
(3) The Board shall by rule indicate any other category of significant Board action which the Board determines should be subject to the provisions of this subsection.
(4) It shall be the duty of the Board, an administrative law judge, or employee designated by the Board to hear any proceeding under this section to expedite to the extent practicable that proceeding.
(j) In determining the appealability under this section of any case involving a removal from the service (other than the removal of a reemployed annuitant), neither an individual's status under any retirement system established by or under Federal statute nor any election made by such individual under any such system may be taken into account.
(k) The Board may prescribe regulations to carry out the purpose of this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
June 27, 1944, ch. 287, §14 (less 1st 168 words, and less 2d proviso), |
||
June 22, 1948, ch. 604, |
The application of the section is established by the words "A preference eligible employee as defined by
Standard changes are made to conform with the definitions applicable and the style of this title outlined in preface to the report.
References in Text
The civil service law, referred to in subsecs. (d) and (e)(2), is set out in this title. See, particularly,
Amendments
1992—Subsec. (c)(1)(A).
1991—Subsec. (b)(3).
1990—Subsec. (c)(1)(A).
Subsecs. (j), (k).
1989—Subsec. (b).
Subsec. (c)(1)(A).
1986—Subsec. (i)(2).
1979—Subsec. (e)(1).
Subsec. (g)(1).
Subsec. (h).
1978—
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1989 Amendments
Amendment by
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Savings Provision
For effect of
Executive Order No. 11787
Ex. Ord. No. 11787, June 11, 1974, 39 F.R. 20675; Ex. Ord. No. 12107, Dec. 28, 1978, 44 F.R. 1055, which provided that the appeals system established by the Merit Systems Protection Board is the sole system of appeal for an employee covered by that appeal system, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
Section Referred to in Other Sections
This section is referred to in
§7702. Actions involving discrimination
(a)(1) Notwithstanding any other provision of law, and except as provided in paragraph (2) of this subsection, in the case of any employee or applicant for employment who—
(A) has been affected by an action which the employee or applicant may appeal to the Merit Systems Protection Board, and
(B) alleges that a basis for the action was discrimination prohibited by—
(i) section 717 of the Civil Rights Act of 1964 (
(ii) section 6(d) of the Fair Labor Standards Act of 1938 (
(iii) section 501 of the Rehabilitation Act of 1973 (
(iv) sections 12 and 15 of the Age Discrimination in Employment Act of 1967 (
(v) any rule, regulation, or policy directive prescribed under any provision of law described in clauses (i) through (iv) of this subparagraph,
the Board shall, within 120 days of the filing of the appeal, decide both the issue of discrimination and the appealable action in accordance with the Board's appellate procedures under
(2) In any matter before an agency which involves—
(A) any action described in paragraph (1)(A) of this subsection; and
(B) any issue of discrimination prohibited under any provision of law described in paragraph (1)(B) of this subsection;
the agency shall resolve such matter within 120 days. The decision of the agency in any such matter shall be a judicially reviewable action unless the employee appeals the matter to the Board under paragraph (1) of this subsection.
(3) Any decision of the Board under paragraph (1) of this subsection shall be a judicially reviewable action as of—
(A) the date of issuance of the decision if the employee or applicant does not file a petition with the Equal Employment Opportunity Commission under subsection (b)(1) of this section, or
(B) the date the Commission determines not to consider the decision under subsection (b)(2) of this section.
(b)(1) An employee or applicant may, within 30 days after notice of the decision of the Board under subsection (a)(1) of this section, petition the Commission to consider the decision.
(2) The Commission shall, within 30 days after the date of the petition, determine whether to consider the decision. A determination of the Commission not to consider the decision may not be used as evidence with respect to any issue of discrimination in any judicial proceeding concerning that issue.
(3) If the Commission makes a determination to consider the decision, the Commission shall, within 60 days after the date of the determination, consider the entire record of the proceedings of the Board and, on the basis of the evidentiary record before the Board, as supplemented under paragraph (4) of this subsection, either—
(A) concur in the decision of the Board; or
(B) issue in writing another decision which differs from the decision of the Board to the extent that the Commission finds that, as a matter of law—
(i) the decision of the Board constitutes an incorrect interpretation of any provision of any law, rule, regulation, or policy directive referred to in subsection (a)(1)(B) of this section, or
(ii) the decision involving such provision is not supported by the evidence in the record as a whole.
(4) In considering any decision of the Board under this subsection, the Commission may refer the case to the Board, or provide on its own, for the taking (within such period as permits the Commission to make a decision within the 60-day period prescribed under this subsection) of additional evidence to the extent it considers necessary to supplement the record.
(5)(A) If the Commission concurs pursuant to paragraph (3)(A) of this subsection in the decision of the Board, the decision of the Board shall be a judicially reviewable action.
(B) If the Commission issues any decision under paragraph (3)(B) of this subsection, the Commission shall immediately refer the matter to the Board.
(c) Within 30 days after receipt by the Board of the decision of the Commission under subsection (b)(5)(B) of this section, the Board shall consider the decision and—
(1) concur and adopt in whole the decision of the Commission; or
(2) to the extent that the Board finds that, as a matter of law, (A) the Commission decision constitutes an incorrect interpretation of any provision of any civil service law, rule, regulation or policy directive, or (B) the Commission decision involving such provision is not supported by the evidence in the record as a whole—
(i) reaffirm the initial decision of the Board; or
(ii) reaffirm the initial decision of the Board with such revisions as it determines appropriate.
If the Board takes the action provided under paragraph (1), the decision of the Board shall be a judicially reviewable action.
(d)(1) If the Board takes any action under subsection (c)(2) of this section, the matter shall be immediately certified to a special panel described in paragraph (6) of this subsection. Upon certification, the Board shall, within 5 days (excluding Saturdays, Sundays, and holidays), transmit to the special panel the administrative record in the proceeding, including—
(A) the factual record compiled under this section,
(B) the decisions issued by the Board and the Commission under this section, and
(C) any transcript of oral arguments made, or legal briefs filed, before the Board or the Commission.
(2)(A) The special panel shall, within 45 days after a matter has been certified to it, review the administrative record transmitted to it and, on the basis of the record, decide the issues in dispute and issue a final decision which shall be a judicially reviewable action.
(B) The special panel shall give due deference to the respective expertise of the Board and Commission in making its decision.
(3) The special panel shall refer its decision under paragraph (2) of this subsection to the Board and the Board shall order any agency to take any action appropriate to carry out the decision.
(4) The special panel shall permit the employee or applicant who brought the complaint and the employing agency to appear before the panel to present oral arguments and to present written arguments with respect to the matter.
(5) Upon application by the employee or applicant, the Commission may issue such interim relief as it determines appropriate to mitigate any exceptional hardship the employee or applicant might otherwise incur as a result of the certification of any matter under this subsection, except that the Commission may not stay, or order any agency to review on an interim basis, the action referred to in subsection (a)(1) of this section.
(6)(A) Each time the Board takes any action under subsection (c)(2) of this section, a special panel shall be convened which shall consist of—
(i) an individual appointed by the President, by and with the advice and consent of the Senate, to serve for a term of 6 years as chairman of the special panel each time it is convened;
(ii) one member of the Board designated by the Chairman of the Board each time a panel is convened; and
(iii) one member of the Commission designated by the Chairman of the Commission each time a panel is convened.
The chairman of the special panel may be removed by the President only for inefficiency, neglect of duty, or malfeasance in office.
(B) The chairman is entitled to pay at a rate equal to the maximum annual rate of basic pay payable under the General Schedule for each day he is engaged in the performance of official business on the work of the special panel.
(C) The Board and the Commission shall provide such administrative assistance to the special panel as may be necessary and, to the extent practicable, shall equally divide the costs of providing the administrative assistance.
(e)(1) Notwithstanding any other provision of law, if at any time after—
(A) the 120th day following the filing of any matter described in subsection (a)(2) of this section with an agency, there is not judicially reviewable action under this section or an appeal under paragraph (2) of this subsection;
(B) the 120th day following the filing of an appeal with the Board under subsection (a)(1) of this section, there is no judicially reviewable action (unless such action is not as the result of the filing of a petition by the employee under subsection (b)(1) of this section); or
(C) the 180th day following the filing of a petition with the Equal Employment Opportunity Commission under subsection (b)(1) of this section, there is no final agency action under subsection (b), (c), or (d) of this section;
an employee shall be entitled to file a civil action to the same extent and in the same manner as provided in section 717(c) of the Civil Rights Act of 1964 (
(2) If, at any time after the 120th day following the filing of any matter described in subsection (a)(2) of this section with an agency, there is no judicially reviewable action, the employee may appeal the matter to the Board under subsection (a)(1) of this section.
(3) Nothing in this section shall be construed to affect the right to trial de novo under any provision of law described in subsection (a)(1) of this section after a judicially reviewable action, including the decision of an agency under subsection (a)(2) of this section.
(f) In any case in which an employee is required to file any action, appeal, or petition under this section and the employee timely files the action, appeal, or petition with an agency other than the agency with which the action, appeal, or petition is to be filed, the employee shall be treated as having timely filed the action, appeal, or petition as of the date it is filed with the proper agency.
(Added
References in Text
The civil service law, referred to in subsec. (c)(2), is set out in this title. See, particularly,
Amendments
1979—Subsec. (a)(1)(A).
Subsec. (a)(1)(B)(i).
Subsec. (e)(1).
Effective Date of 1979 Amendment
Amendment by
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
Section Referred to in Other Sections
This section is referred to in
§7703. Judicial review of decisions of the Merit Systems Protection Board
(a)(1) Any employee or applicant for employment adversely affected or aggrieved by a final order or decision of the Merit Systems Protection Board may obtain judicial review of the order or decision.
(2) The Board shall be named respondent in any proceeding brought pursuant to this subsection, unless the employee or applicant for employment seeks review of a final order or decision on the merits on the underlying personnel action or on a request for attorney fees, in which case the agency responsible for taking the personnel action shall be the respondent.
(b)(1) Except as provided in paragraph (2) of this subsection, a petition to review a final order or final decision of the Board shall be filed in the United States Court of Appeals for the Federal Circuit. Notwithstanding any other provision of law, any petition for review must be filed within 60 days after the date the petitioner received notice of the final order or decision of the Board.
(2) Cases of discrimination subject to the provisions of
(c) In any case filed in the United States Court of Appeals for the Federal Circuit, the court shall review the record and hold unlawful and set aside any agency action, findings, or conclusions found to be—
(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(2) obtained without procedures required by law, rule, or regulation having been followed; or
(3) unsupported by substantial evidence;
except that in the case of discrimination brought under any section referred to in subsection (b)(2) of this section, the employee or applicant shall have the right to have the facts subject to trial de novo by the reviewing court.
(d) The Director of the Office of Personnel Management may obtain review of any final order or decision of the Board by filing, within 60 days after the date the Director received notice of the final order or decision of the Board, a petition for judicial review in the United States Court of Appeals for the Federal Circuit if the Director determines, in his discretion, that the Board erred in interpreting a civil service law, rule, or regulation affecting personnel management and that the Board's decision will have a substantial impact on a civil service law, rule, regulation, or policy directive. If the Director did not intervene in a matter before the Board, the Director may not petition for review of a Board decision under this section unless the Director first petitions the Board for a reconsideration of its decision, and such petition is denied. In addition to the named respondent, the Board and all other parties to the proceedings before the Board shall have the right to appear in the proceeding before the Court of Appeals. The granting of the petition for judicial review shall be at the discretion of the Court of Appeals.
(Added
References in Text
The civil service law, referred to in subsec. (d), is set out in this title. See, particularly,
Amendments
1998—Subsec. (b)(1).
Subsec. (d).
1989—Subsec. (a)(2).
1982—Subsec. (b)(1).
Subsec. (c).
Subsec. (d).
Effective Date of 1998 Amendment
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date
Section effective 90 days after Oct. 13, 1978, see section 907 of
Savings Provision
For effect of
Section Referred to in Other Sections
This section is referred to in
CHAPTER 79 —SERVICES TO EMPLOYEES
Amendments
1993—
1986—
State or Local Government Programs Encouraging Employee Use of Public Transportation; Federal Agency Participation
§7901. Health service programs
(a) The head of each agency of the Government of the United States may establish, within the limits of appropriations available, a health service program to promote and maintain the physical and mental fitness of employees under his jurisdiction.
(b) A health service program may be established by contract or otherwise, but only—
(1) after consultation with the Secretary of Health, Education, and Welfare and consideration of its recommendations; and
(2) in localities where there are a sufficient number of employees to warrant providing the service.
(c) A health service program is limited to—
(1) treatment of on-the-job illness and dental conditions requiring emergency attention;
(2) preemployment and other examinations;
(3) referral of employees to private physicians and dentists; and
(4) preventive programs relating to health.
(d) The Secretary of Health, Education, and Welfare, on request, shall review a health service program conducted under this section and shall submit comment and recommendations to the head of the agency concerned.
(e) When this section authorizes the use of the professional services of physicians, that authorization includes the use of the professional services of surgeons and osteopathic practitioners within the scope of their practice as defined by State law.
(f) The health programs conducted by the Tennessee Valley Authority are not affected by this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 8, 1946, ch. 865, |
In subsection (a), the words "agency of the Government of the United States" are coextensive with and substituted for "departments and agencies including Government-owned and controlled corporations" to avoid confusion with the definitions in sections 101–105.
In subsection (d) the word "appropriate" in the phrase "appropriate comment and recommendations" is omitted as unnecessary. The words "to the head of the agency concerned" are added for clarity.
In subsection (e), the substance of the definition of "physician" in former section 790 is substituted for the reference to that section.
In subsection (f)(2) and (3), the words "Canal Zone Government" and "Panama Canal Company" are substituted for "Panama Canal" and "Panama Railroad", respectively, on the authority of the Act of Sept. 26, 1950, ch. 1049, §2(a),
The last proviso of the first sentence of the Act of Aug. 8, 1946, is omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section amends
Amendments
1996—Subsec. (f).
"(1) the Tennessee Valley Authority;
"(2) the Canal Zone Government; and
"(3) the Panama Canal Company."
Change of Name
Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by
Short Title of 1993 Amendment
Demonstration Project: Health Protection; Health Promotion; Disease Prevention; and Secondary Prevention
Section Referred to in Other Sections
This section is referred to in title 50 section 403j.
§7902. Safety programs
(a) For the purpose of this section—
(1) "employee" means an employee as defined by
(2) "agency" means an agency in any branch of the Government of the United States (not including the United States Postal Service), including an instrumentality wholly owned by the United States, and the government of the District of Columbia.
(b) The Secretary of Labor shall carry out a safety program under
(c) The President may—
(1) establish by Executive order a safety council composed of representatives of the agencies and of labor organizations representing employees to serve as an advisory body to the Secretary in furtherance of the safety program carried out by the Secretary under subsection (b) of this section; and
(2) undertake such other measures as he considers proper to prevent injuries and accidents to employees of the agencies.
(d) The head of each agency shall develop and support organized safety promotion to reduce accidents and injuries among employees of his agency, encourage safe practices, and eliminate work hazards and health risks.
(e) Each agency shall—
(1) keep a record of injuries and accidents to its employees whether or not they result in loss of time or in the payment or furnishing of benefits; and
(2) make such statistical or other reports on such forms as the Secretary may prescribe by regulation.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 16, 1916, ch. 458, §33 (less (a)); added | ||
Dec. 22, 1944, ch. 664, |
||
Oct. 14, 1949, ch. 691, §209, |
Subsection (a) is added on authority of former sections 790(b) and 794 (1st sentence), which are carried into section 8101.
The words "Secretary of Labor" and "Secretary" are substituted for "Administrator" on authority of section 1 of 1950 Reorg. Plan No. 19, eff. May 24, 1950,
Subsection (b) is restated for clarity. The words "under
In subsection (d), the word "foster" is omitted as included in "develop and support". The words "and reduce compensable injuries" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (a)(2).
1970—Subsec. (c)(1).
Executive Order No. 10990
Ex. Ord. No. 10990, Feb. 5, 1962, 27 F.R. 1065, which provided for the establishment of a Federal Safety Council, was superseded by Ex. Ord. No. 11612, July 26, 1971, 36 F.R. 13891, formerly set out below.
Executive Order No. 11612
Ex. Ord. No. 11612, July 26, 1971, 36 F.R. 13891, which related to occupational safety and health programs for federal employees, was superseded by Ex. Ord. 11807, Sept. 28, 1974, 39 F.R. 35559, formerly set out below.
Executive Order No. 11807
Ex. Ord. No. 11807, Sept. 28, 1974, 39 F.R. 35559, which related to occupational safety and health programs for federal employees and continued the Federal Advisory Council on Occupational Safety and Health, was revoked by Ex. Ord. No. 12196, Feb. 26, 1980, 45 F.R. 12769, set out below.
Ex. Ord. No. 12196. Occupational Safety and Health Programs for Federal Employees
Ex. Ord. No. 12196, Feb. 26, 1980, 45 F.R. 12769, as amended by Ex. Ord. No. 12223, June 30, 1980, 45 F.R. 45235; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
By the authority vested in me as President by the Constitution and statutes of the United States of America, including
1–1. Scope of this Order
1–101. This order applies to all agencies of the Executive Branch except military personnel and uniquely military equipment, systems, and operations.
1–102. For the purposes of this order, the term "agency" means an Executive department, as defined in
1–2. Heads of Agencies
1–201. The head of each agency shall:
(a) Furnish to employees places and conditions of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm.
(b) Operate an occupational safety and health program in accordance with the requirements of this order and basic program elements promulgated by the Secretary.
(c) Designate an agency official with sufficient authority to represent the interest and support of the agency head to be responsible for the management and administration of the agency occupational safety and health program.
(d) Comply with all standards issued under section 6 of the Act [
(e) Assure prompt abatement of unsafe or unhealthy working conditions. Whenever an agency cannot promptly abate such conditions, it shall develop an abatement plan setting forth a timetable for abatement and a summary of interim steps to protect employees. Employees exposed to the conditions shall be informed of the provisions of the plan. When a hazard cannot be abated without assistance of the General Services Administration or other Federal lessor agency, an agency shall act with the lessor agency to secure abatement.
(f) Establish procedures to assure that no employee is subject to restraint, interference, coercion, discrimination or reprisal for filing a report of an unsafe or unhealthy working condition, or other participation in agency occupational safety and health program activities.
(g) Assure that periodic inspections of all agency workplaces are performed by personnel with equipment and competence to recognize hazards.
(h) Assure response to employee reports of hazardous conditions and require inspections within twenty-four hours for imminent dangers, three working days for potential serious conditions, and twenty working days for other conditions. Assure the right to anonymity of those making the reports.
(i) Assure that employee representatives accompany inspections of agency workplaces.
(j) Operate an occupational safety and health management information system, which shall include the maintenance of such records as the Secretary may require.
(k) Provide safety and health training for supervisory employees, employees responsible for conducting occupational safety and health inspections, all members of occupational safety and health committees where established, and other employees.
(l) Submit to the Secretary an annual report on the agency occupational safety and health program that includes information the Secretary prescribes.
1–3. Occupational Safety and Health Committees
1–301. Agency heads may establish occupational safety and health committees. If committees are established, they shall be established at both the national level and, for agencies with field or regional offices, other appropriate levels. The committees shall be composed of representatives of management and an equal number of nonmanagement employees or their representatives. Where there are exclusive bargaining representatives for employees at the national or other level in an agency, such representatives shall select the appropriate nonmanagement members of the committee.
1–302. The committees shall, except where prohibited by law,
(a) Have access to agency information relevant to their duties, including information on the nature and hazardousness of substances in agency workplaces.
(b) Monitor performance, including agency inspections, of the agency safety and health programs at the level they are established.
(c) Consult and advise the agency on the operation of the program.
1–303. A Committee may request the Secretary of Labor to conduct an evaluation or inspection pursuant to this order if half of a Committee is not substantially satisfied with an agency's response to a report of hazardous working conditions.
1–4. Department of Labor
1–401. The Secretary of Labor shall:
(a) Provide leadership and guidance to the heads of agencies to assist them with their occupational safety and health responsibilities.
(b) Maintain liaison with the Office of Management and Budget in matters relating to this order and coordinate the activities of the Department with those of other agencies that have responsibilities or functions related to Federal employee safety and health, including the Office of Personnel Management, the Department of Health and Human Services, and the General Services Administration.
(c) Issue, subject to the approval of the Director of the Office of Management and Budget, and in consultation with the Federal Advisory Council on Occupational Safety and Health, a set of basic program elements. The program elements shall help agency heads establish occupational safety and health committees and operate effective occupational safety and health programs, and shall provide flexibility to each agency head to implement a program consistent with its mission, size and organization. Upon request of an agency head, and after consultation with the Federal Advisory Council on Occupational Safety and Health, the Secretary may approve alternate program elements.
(d) Prescribe recordkeeping and reporting requirements.
(e) Assist agencies by providing training materials, and by conducting training programs upon request and with reimbursement.
(f) Facilitate the exchange of ideas and information throughout the government about occupational safety and health.
(g) Provide technical services to agencies upon request, where the Secretary deems necessary, and with reimbursement. These services may include studies of accidents, causes of injury and illness, identification of unsafe and unhealthful working conditions, and means to abate hazards.
(h) Evaluate the occupational safety and health programs of agencies and promptly submit reports to the agency heads. The evaluations shall be conducted through such scheduled headquarters or field reviews, studies or inspections as the Secretary deems necessary, at least annually for the larger or more hazardous agencies or operations, and as the Secretary deems appropriate for the smaller or less hazardous agencies.
(i) Conduct unannounced inspections of agency workplaces when the Secretary determines necessary if an agency does not have occupational safety and health committees; or in response to reports of unsafe or unhealthful working conditions, upon request of occupational safety and health committees under Section 1–3; or, in the case of a report of an imminent danger, when such a committee has not responded to an employee who has alleged to it that the agency has not adequately responded to a report as required in 1–201(h). When the Secretary or his designee performs an inspection and discovers unsafe or unhealthy conditions, a violation of any provisions of this order, or any safety or health standards adopted by an agency pursuant to this order, or any program element approved by the Secretary, he shall promptly issue a report to the head of the agency and to the appropriate occupational safety and health committee, if any. The report shall describe the nature of the findings and may make recommendations for correcting the violation.
(j) Submit to the President each year a summary report of the status of the occupational safety and health of Federal employees, and, together with agency responses, evaluations of individual agency progress and problems in correcting unsafe and unhealthful working conditions, and recommendations for improving their performance.
(k) Submit to the President unresolved disagreements between the Secretary and agency heads, with recommendations.
(l) Enter into agreements or other arrangements as necessary or appropriate with the National Institute for Occupational Safety and Health and delegate to it the inspection and investigation authority provided under this section.
1–5. The Federal Advisory Council on Occupational Safety and Health
1–501. The Federal Advisory Council on Occupational Safety and Health, established pursuant to Executive Order No. 11612, is continued. It shall advise the Secretary in carrying out responsibilities under this order. The Council shall consist of sixteen members appointed by the Secretary, of whom eight shall be representatives of Federal agencies and eight shall be representatives of labor organizations representing Federal employees. The members shall serve three-year terms with the terms of five or six members expiring each year, provided this Council is renewed every two years in accordance with the Federal Advisory Committee Act [5 U.S.C. App.]. The members currently serving on the Council shall be deemed to be its initial members under this order and their terms shall expire in accordance with the terms of their appointment.
1–502. The Secretary, or a designee, shall serve as the Chairman of the Council, and shall prescribe rules for the conduct of its business.
1–503. The Secretary shall make available necessary office space and furnish the Council necessary equipment, supplies, and staff services, and shall perform such functions with respect to the Council as may be required by the Federal Advisory Committee Act, as amended (5 U.S.C. App.).
1–6. General Services Administration
1–601. Within six months of the effective date of this order the Secretary of Labor and the Administrator of the General Services Administration shall initiate a study of conflicts that may exist in their standards and other requirements affecting Federal employee safety and health, and shall establish a procedure for resolving conflicting standards for space leased by the General Services Administration.
1–602. In order to assist the agencies in carrying out their duties under Section 19 of the Act [
(a) Upon request, require personnel of the General Services Administration to accompany the Secretary or an agency head on any inspection or investigation conducted pursuant to this order of a facility subject to the authority of the General Services Administration.
(b) Assure prompt attention to reports from agencies of unsafe or unhealthy conditions of facilities subject to the authority of the General Services Administration; where abatement cannot be promptly effected, submit to the agency head a timetable for action to correct the conditions; and give priority in the allocation of resources available to the Administrator for prompt abatement of the conditions.
(c) Procure and provide safe supplies, devices, and equipment, and establish and maintain a product safety program for those supplies, devices, equipment and services furnished to agencies, including the issuance of Material Safety Data Sheets when hazardous substances are furnished them.
1–7. General Provisions
1–701. Employees shall be authorized official time to participate in the activities provided for by this order.
1–702. Nothing in this order shall be construed to impair or alter the powers and duties of the Secretary or heads of other Federal agencies pursuant to Section 19 of the Occupational Safety and Health Act of 1970 [
1–703. Executive Order No. 11807 of September 28, 1974, is revoked.
1–704. This order is effective October 1, 1980.
Executive Order No. 12566
Ex. Ord. No. 12566, Sept. 26, 1986, 51 F.R. 34575, which related to safety belt use by Federal employees, was revoked by Ex. Ord. No. 13043, §6, Apr. 16, 1997, 62 F.R. 19218, set out as a note under
Extension of Term of Federal Advisory Council on Occupational Safety and Health
Term of the Federal Advisory Council on Occupational Safety and Health extended until Dec. 31, 1978, by Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and Health extended until Dec. 31, 1980, by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and Health extended until Dec. 31, 1982, by Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and Health extended until Sept. 30, 1984, by Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and Health extended until Sept. 30, 1985, by Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and Health extended until Sept. 30, 1987, by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and Health extended until Sept. 30, 1989, by Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and Health extended until Sept. 30, 1991, by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and Health extended until Sept. 30, 1993, by Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and Health extended until Sept. 30, 1995, by Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and Health extended until Sept. 30, 1997, by Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and Health extended until Sept. 30, 1999, by Ex. Ord. No. 13062, §1(b), Sept. 29, 1997, 62 F.R. 51755, formerly set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Term of the Federal Advisory Council on Occupational Safety and Health extended until Sept. 30, 2001, by Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, set out as a note under section 14 of the Federal Advisory Committee Act in the Appendix to this title.
Section Referred to in Other Sections
This section is referred to in
§7903. Protective clothing and equipment
Appropriations available for the procurement of supplies and material or equipment are available for the purchase and maintenance of special clothing and equipment for the protection of personnel in the performance of their assigned tasks. For the purpose of this section, "appropriations" includes funds made available by statute under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 2, 1946, ch. 744, §13, |
The definition of the word "appropriations" is added on authority of section 18 of the Act of Aug. 2, 1946, ch. 744,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1982—
§7904. Employee assistance programs relating to drug abuse and alcohol abuse
(a) The head of each Executive agency shall, in a manner consistent with guidelines prescribed under subsection (b) of this section and applicable provisions of law, establish appropriate prevention, treatment, and rehabilitation programs and services for drug abuse and alcohol abuse for employees in or under such agency.
(b) The Office of Personnel Management shall, after such consultations as the Office considers appropriate, prescribe guidelines for programs and services under this section.
(c) The Secretary of Health and Human Services, on request of the head of an Executive agency, shall review any program or service provided under this section and shall submit comments and recommendations to the head of the agency concerned.
(Added
Section Referred to in Other Sections
This section is referred to in
§7905. Programs to encourage commuting by means other than single-occupancy motor vehicles
(a) For the purpose of this section—
(1) the term "employee" means an employee as defined by section 2105 and a member of a uniformed service;
(2) the term "agency" means—
(A) an Executive agency;
(B) an entity of the legislative branch; and
(C) the judicial branch;
(3) the term "entity of the legislative branch" means the House of Representatives, the Senate, the Office of the Architect of the Capitol (including the Botanic Garden), the Capitol Police, the Congressional Budget Office, the Copyright Royalty Tribunal, the Government Printing Office, the Library of Congress, and the Office of Technology Assessment; and
(4) the term "transit pass" means a transit pass as defined by section 132(f)(5) of the Internal Revenue Code of 1986.
(b)(1) The head of each agency may establish a program to encourage employees of such agency to use means other than single-occupancy motor vehicles to commute to or from work.
(2) A program established under this section may involve such options as—
(A) transit passes (including cash reimbursements therefor, but only if a voucher or similar item which may be exchanged only for a transit pass is not readily available for direct distribution by the agency);
(B) furnishing space, facilities, or services to bicyclists; and
(C) any non-monetary incentive which the agency head may otherwise offer under any other provision of law or other authority.
(c) The functions of an agency head under this section shall—
(1) with respect to the judicial branch, be carried out by the Director of the Administrative Office of the United States Courts;
(2) with respect to the House of Representatives, be carried out by the Committee on House Administration of the House of Representatives; and
(3) with respect to the Senate, be carried out by the Committee on Rules and Administration of the Senate.
(d) The President shall designate 1 or more agencies which shall—
(1) prescribe guidelines for programs under this section;
(2) on request, furnish information or technical advice on the design or operation of any program under this section; and
(3) submit to the President and the Congress, before January 1, 1995, and at least every 2 years thereafter, a written report on the operation of this section, including, with respect to the period covered by the report—
(A) the number of agencies offering programs under this section;
(B) a brief description of each of the various programs;
(C) the extent of employee participation in, and the costs to the Government associated with, each of the various programs;
(D) an assessment of any environmental or other benefits realized as a result of programs established under this section; and
(E) any other matter which may be appropriate.
(Added
References in Text
Section 132(f)(5) of the Internal Revenue Code of 1986, referred to in subsec. (a)(4), is classified to
Effective Date
Section 3 of
Transit Subsidies; Appropriations
Similar provisions were contained in the following prior appropriations act:
Purpose of Pub. L. 103–172
Section 1(b) of
Subpart G—Insurance and Annuities
Subpart Referred to in Other Sections
This subpart is referred to in
CHAPTER 81 —COMPENSATION FOR WORK INJURIES
SUBCHAPTER I—GENERALLY
SUBCHAPTER II—EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES
SUBCHAPTER III—LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES
Amendments
1995—
1994—
1979—
1974—
1968—
1967—
Chapter Referred to in Other Sections
This chapter is referred to in
1 So in original. Does not conform to section catchline.
SUBCHAPTER I—GENERALLY
Subchapter Referred to in Other Sections
This subchapter is referred to in
§8101. Definitions
For the purpose of this subchapter—
(1) "employee" means—
(A) a civil officer or employee in any branch of the Government of the United States, including an officer or employee of an instrumentality wholly owned by the United States;
(B) an individual rendering personal service to the United States similar to the service of a civil officer or employee of the United States, without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual;
(C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation;
(D) an individual employed by the government of the District of Columbia; and
(E) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (
but does not include—
(i) a commissioned officer of the Regular Corps of the Public Health Service;
(ii) a commissioned officer of the Reserve Corps of the Public Health Service on active duty;
(iii) a commissioned officer of the Environmental Science Services Administration; or
(iv) a member of the Metropolitan Police or the Fire Department of the District of Columbia who is pensioned or pensionable under
(F) 1 an individual selected pursuant to
(2) "physician" includes surgeons, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, and osteopathic practitioners within the scope of their practice as defined by State law. The term "physician" includes chiropractors only to the extent that their reimbursable services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to regulation by the Secretary;
(3) "medical, surgical, and hospital services and supplies" includes services and supplies by podiatrists, dentists, clinical psychologists, optometrists, chiropractors, osteopathic practitioners and hospitals within the scope of their practice as defined by State law. Reimbursable chiropractic services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by X-ray to exist, and subject to regulation by the Secretary;
(4) "monthly pay" means the monthly pay at the time of injury, or the monthly pay at the time disability begins, or the monthly pay at the time compensable disability recurs, if the recurrence begins more than 6 months after the injured employee resumes regular full-time employment with the United States, whichever is greater, except when otherwise determined under
(5) "injury" includes, in addition to injury by accident, a disease proximately caused by the employment, and damage to or destruction of medical braces, artificial limbs, and other prosthetic devices which shall be replaced or repaired, and such time lost while such device or appliance is being replaced or repaired; except that eyeglasses and hearing aids would not be replaced, repaired, or otherwise compensated for, unless the damages or destruction is incident to a personal injury requiring medical services;
(6) "widow" means the wife living with or dependent for support on the decedent at the time of his death, or living apart for reasonable cause or because of his desertion;
(7) "parent" includes stepparents and parents by adoption;
(8) "brother" and "sister" mean one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and include stepbrothers and stepsisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters;
(9) "child" means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and includes stepchildren, adopted children, and posthumous children, but does not include married children;
(10) "grandchild" means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support;
(11) "widower" means the husband living with or dependent for support on the decedent at the time of her death, or living apart for reasonable cause or because of her desertion;
(12) "compensation" includes the money allowance payable to an employee or his dependents and any other benefits paid for from the Employees' Compensation Fund, but this does not in any way reduce the amount of the monthly compensation payable for disability or death;
(13) "war-risk hazard" means a hazard arising during a war in which the United States is engaged; during an armed conflict in which the United States is engaged, whether or not war has been declared; or during a war or armed conflict between military forces of any origin, occurring in the country in which an individual to whom this subchapter applies is serving; from—
(A) the discharge of a missile, including liquids and gas, or the use of a weapon, explosive, or other noxious thing by a hostile force or individual or in combating an attack or an imagined attack by a hostile force or individual;
(B) action of a hostile force or individual, including rebellion or insurrection against the United States or any of its allies;
(C) the discharge or explosion of munitions intended for use in connection with a war or armed conflict with a hostile force or individual;
(D) the collision of vessels on convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or
(E) the operation of vessels or aircraft in a zone of hostilities or engaged in war activities;
(14) "hostile force or individual" means a nation, a subject of a foreign nation, or an individual serving a foreign nation—
(A) engaged in a war against the United States or any of its allies;
(B) engaged in armed conflict, whether or not war has been declared, against the United States or any of its allies; or
(C) engaged in a war or armed conflict between military forces of any origin in a country in which an individual to whom this subchapter applies is serving;
(15) "allies" means any nation with which the United States is engaged in a common military effort or with which the United States has entered into a common defensive military alliance;
(16) "war activities" includes activities directly relating to military operations;
(17) "student" means an individual under 23 years of age who has not completed 4 years of education beyond the high school level and who is regularly pursuing a full-time course of study or training at an institution which is—
(A) a school or college or university operated or directly supported by the United States, or by a State or local government or political subdivision thereof;
(B) a school or college or university which has been accredited by a State or by a State-recognized or nationally recognized accrediting agency or body;
(C) a school or college or university not so accredited but whose credits are accepted, on transfer, by at least three institutions which are so accredited, for credit on the same basis as if transferred from an institution so accredited; or
(D) an additional type of educational or training institution as defined by the Secretary of Labor.
Such an individual is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 4 months and if he shows to the satisfaction of the Secretary that he has a bona fide intention of continuing to pursue a full-time course of study or training during the semester or other enrollment period immediately after the interim or during periods of reasonable duration during which, in the judgment of the Secretary, he is prevented by factors beyond his control from pursuing his education. A student whose 23rd birthday occurs during a semester or other enrollment period is deemed a student until the end of the semester or other enrollment period;
(18) "price index" means the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics; and
(19) "organ" means a part of the body that performs a special function, and for purposes of this subchapter excludes the brain, heart, and back; and
(20) "United States medical officers and hospitals" includes medical officers and hospitals of the Army, Navy, Air Force, Department of Veterans Affairs, and United States Public Health Service, and any other medical officer or hospital designated as a United States medical officer or hospital by the Secretary of Labor.
(
Former section 790(a) is omitted as unnecessary in view of
Former section 790(c) is omitted as unnecessary as the term "commission" is not used in this subchapter.
Former section 790(i) is omitted as unnecessary as the title "Secretary of Labor" (substituted for "Federal Security Administrator" by 1950 Reorg. Plan No. 19, §1, eff. May 24, 1950,
In paragraph (1)(B), the words "to the United States" are substituted for "to any department, independent establishment, or agency thereof (including instrumentalities of the United States wholly owned by it)".
In paragraph (1)(C), the words "subsequent to September 7, 1916" are omitted as obsolete.
In paragraph (1)(iv), the words "under
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
---|---|---|
8101(17) 8101(18) 8101(19) |
5 App.: 760(M). 5 App.: 793a(c)(1). 5 App.: 793a(c)(2). |
July 4, 1966, |
Paragraph (17) is reorganized and restated for clarity and to conform to the style of
In paragraph (19), the words "July 1966 and each later month" are substituted for "the month this section becomes effective and each month thereafter". The words "
References in Text
Act of August 25, 1958,
Amendments
1991—Par. (20).
1983—Par. (1)(F).
1980—Pars. (19) to (21).
1974—Par. (1)(D).
Par. (1)(F).
Par. (2).
Par. (3).
Par. (5).
Par. (11).
Pars. (20), (21).
1967—Par. (1)(iii).
Effective Date of 1980 Amendment
Section 422 of
Effective Date of 1974 Amendment
Section 28(a) of
Short Title of 1990 Amendment
Transfer of Functions
Environmental Science Services Administration in Department of Commerce, including offices of Administrator and Deputy Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff. Oct. 3, 1970, 35 F.R. 15627,
Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and employees of Public Health Service, and functions of all agencies of or in Public Health Service, transferred to Secretary of Health, Education, and Welfare by 1966 Reorg. Plan No. 3, 31 F.R. 8855,
Processing of Claims Filed by District of Columbia Employees
Study and Report to Congress by Secretary of Labor of Provisions and Programs Under Subchapter
Section 27 of
Cross References
Applicability of this subchapter to compensation for injury, death, or detention of employees of contractors with United States outside of the United States, see
Civil Service disability retirement annuity and compensation for injury or disability under this subchapter covering the same period of time as mutually exclusive, see
Compensation for injury or death of temporary members of Reserve and Auxiliary members of Coast Guard, see
Compensation under Defense Base Act for disability or death to persons employed at Military, Air, and Naval Bases outside the United States not to include employees covered by this subchapter, see
Dependency and indemnity compensation for service connected deaths, see
International organizations, coverage of employees transferring to, see
Internees under War Claims Act, see
Saint Lawrence Seaway Development Corporation, contributions to fund, see
Third party tort liability to United States for hospital and medical care, see
Section Referred to in Other Sections
This section is referred to in
§8102. Compensation for disability or death of employee
(a) The United States shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his duty, unless the injury or death is—
(1) caused by willful misconduct of the employee;
(2) caused by the employee's intention to bring about the injury or death of himself or of another; or
(3) proximately caused by the intoxication of the injured employee.
(b) Disability or death from a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual, suffered by an employee who is employed outside the continental United States or in Alaska or in 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), is deemed to have resulted from personal injury sustained while in the performance of his duty, whether or not the employee was engaged in the course of employment when the disability or disability resulting in death occurred or when he was taken by the hostile force or individual. This subsection does not apply to an individual—
(1) whose residence is at or in the vicinity of the place of his employment and who was not living there solely because of the exigencies of his employment, unless he was injured or taken while engaged in the course of his employment; or
(2) who is a prisoner of war or a protected individual under the Geneva Conventions of 1949 and is detained or utilized by the United States.
This subsection does not affect the payment of compensation under this subchapter derived otherwise than under this subsection, but compensation for disability or death does not accrue for a period for which pay, other benefit, or gratuity from the United States accrues to the disabled individual or his dependents on account of detention by the enemy or because of the same disability or death, unless that pay, benefit, or gratuity is refunded or renounced.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §1, Aug. 8, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (b), is classified to
Amendments
1979—Subsec. (b).
Effective Date of 1979 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 22 section 3691.
§8103. Medical services and initial medical and other benefits
(a) The United States shall furnish to an employee who is injured while in the performance of duty, the services, appliances, and supplies prescribed or recommended by a qualified physician, which the Secretary of Labor considers likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of the monthly compensation. These services, appliances, and supplies shall be furnished—
(1) whether or not disability has arisen;
(2) notwithstanding that the employee has accepted or is entitled to receive benefits under subchapter III of
(3) by or on the order of United States medical officers and hospitals, or, at the employee's option, by or on the order of physicians and hospitals designated or approved by the Secretary.
The employee may initially select a physician to provide medical services, appliances, and supplies, in accordance with such regulations and instructions as the Secretary considers necessary, and may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. These expenses, when authorized or approved by the Secretary, shall be paid from the Employees' Compensation Fund.
(b) The Secretary, under such limitations or conditions as he considers necessary, may authorize the employing agencies to provide for the initial furnishing of medical and other benefits under this section. The Secretary may certify vouchers for these expenses out of the Employees' Compensation Fund when the immediate superior of the employee certifies that the expense was incurred in respect to an injury which was accepted by the employing agency as probably compensable under this subchapter. The Secretary shall prescribe the form and content of the certificate.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §9, |
||
June 26, 1926, ch. 695, §1, |
||
Oct. 14, 1949, ch. 691, §202(b), |
||
Sept. 13, 1960, |
In subsection (b), the words "when the immediate superior of the employee certifies" are substituted for "upon certification by the person required by
The last sentence of former section 759(a) is omitted as executed.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8103(a)(2) | 5 App.: 759(a). | July 4, 1966, |
The words "another retirement system for employees of the Government" are substituted for "any other Federal Act or program providing retirement benefits for employees".
Amendments
1974—Subsec. (a).
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Section 7 of
"(1) an employee or individual not within the definition of 'employee' in
"(2) a member of the Metropolitan Police or the Fire Department of the District of Columbia who is pensioned or pensionable under sections 521—535 of title 4, District of Columbia Code; or
"(3) a member of a uniformed service."
Cross References
Medical examination and treatment of Federal employees by Public Health Service, see
Section Referred to in Other Sections
This section is referred to in
§8104. Vocational rehabilitation
(a) The Secretary of Labor may direct a permanently disabled individual whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Secretary shall provide for furnishing the vocational rehabilitation services. In providing for these services, the Secretary, insofar as practicable, shall use the services or facilities of State agencies and corresponding agencies which cooperate with the Secretary of Health, Education, and Welfare in carrying out the purposes of
(b) Notwithstanding section 8106, individuals directed to undergo vocational rehabilitation by the Secretary shall, while undergoing such rehabilitation, receive compensation at the rate provided in
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 14, 1949, ch. 691, §202(a), |
In the third sentence, the words "the Secretary of Health, Education, and Welfare" are substituted for "him", referring to the Administrator, on authority of section 1 (proviso) of 1950 Reorg. Plan No. 19,
The words "State agencies or corresponding agencies" are substituted for "State agencies (or corresponding agencies in Territories or possessions)" as the agencies available for cooperation are set out in the Vocational Rehabilitation Act (
The words "
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1974—
Effective Date of 1974 Amendment
Amendment by
Transfer of Functions
For transfer of functions and offices (relating to Rehabilitation Act of 1973) of Secretary and Department of Health, Education, and Welfare to Secretary and Department of Education, see
Section Referred to in Other Sections
This section is referred to in
§8105. Total disability
(a) If the disability is total, the United States shall pay the employee during the disability monthly monetary compensation equal to 662/3 percent of his monthly pay, which is known as his basic compensation for total disability.
(b) The loss of use of both hands, both arms, both feet, or both legs, or the loss of sight of both eyes, is prima facie permanent total disability.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §3, |
||
Oct. 14, 1949, ch. 691, §102, |
In subsection (a), the words "Except as otherwise provided in
In subsection (b), the words "Loss, or" are omitted as included in "loss of use of". The words "or the loss of sight of both eyes" are substituted for "or both eyes or the sight thereof".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§8106. Partial disability
(a) If the disability is partial, the United States shall pay the employee during the disability monthly monetary compensation equal to 662/3 percent of the difference between his monthly pay and his monthly wage-earning capacity after the beginning of the partial disability, which is known as his basic compensation for partial disability.
(b) The Secretary of Labor may require a partially disabled employee to report his earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Secretary specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his earnings in employment or self-employment and which can be estimated in money. An employee who—
(1) fails to make an affidavit or report when required; or
(2) knowingly omit or understates any part of his earnings;
forfeits his right to compensation with respect to any period for which the affidavit or report was required. Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under
(c) A partially disabled employee who—
(1) refuses to seek suitable work; or
(2) refuses or neglects to work after suitable work is offered to, procured by, or secured for him;
is not entitled to compensation.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §4, |
||
Oct. 14, 1949, ch. 691, §103(a), |
In subsection (a), the words "Except as otherwise provided in
In subsection (b), the word "remuneration" is omitted as covered by the word "earnings".
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§8107. Compensation schedule
(a) If there is permanent disability involving the loss, or loss of use, of a member or function of the body or involving disfigurement, the employee is entitled to basic compensation for the disability, as provided by the schedule in subsection (c) of this section, at the rate of 662/3 percent of his monthly pay. The basic compensation is—
(1) payable regardless of whether the cause of the disability originates in a part of the body other than that member;
(2) payable regardless of whether the disability also involves another impairment of the body; and
(3) in addition to compensation for temporary total or temporary partial disability.
(b) With respect to any period after payments under subsection (a) of this section have ended, an employee is entitled to compensation as provided by—
(1)
(2)
(c) The compensation schedule is as follows:
(1) Arm lost, 312 weeks' compensation.
(2) Leg lost, 288 weeks' compensation.
(3) Hand lost, 244 weeks' compensation.
(4) Foot lost, 205 weeks' compensation.
(5) Eye lost, 160 weeks' compensation.
(6) Thumb lost, 75 weeks' compensation.
(7) First finger lost, 46 weeks' compensation.
(8) Great toe lost, 38 weeks' compensation.
(9) Second finger lost, 30 weeks' compensation.
(10) Third finger lost, 25 weeks' compensation.
(11) Toe other than great toe lost, 16 weeks' compensation.
(12) Fourth finger lost, 15 weeks' compensation.
(13) Loss of hearing—
(A) complete loss of hearing of one ear, 52 weeks' compensation; or
(B) complete loss of hearing of both ears, 200 weeks' compensation.
(14) Compensation for loss of binocular vision or for loss of 80 percent or more of the vision of an eye is the same as for loss of the eye.
(15) Compensation for loss of more than one phalanx of a digit is the same as for loss of the entire digit. Compensation for loss of the first phalanx is one-half of the compensation for loss of the entire digit.
(16) If, in the case of an arm or a leg, the member is amputated above the wrist or ankle, compensation is the same as for loss of the arm or leg, respectively.
(17) Compensation for loss of use of two or more digits, or one or more phalanges of each of two or more digits, of a hand or foot, is proportioned to the loss of use of the hand or foot occasioned thereby.
(18) Compensation for permanent total loss of use of a member is the same as for loss of the member.
(19) Compensation for permanent partial loss of use of a member may be for proportionate loss of use of the member. The degree of loss of vision or hearing under this schedule is determined without regard to correction.
(20) In case of loss of use of more than one member or parts of more than one member as enumerated by this schedule, the compensation is for loss of use of each member or part thereof, and the awards run consecutively. However, when the injury affects only two or more digits of the same hand or foot, paragraph (17) of this subsection applies, and when partial bilateral loss of hearing is involved, compensation is computed on the loss as affecting both ears.
(21) For serious disfigurement of the face, head, or neck of a character likely to handicap an individual in securing or maintaining employment, proper and equitable compensation not to exceed $3,500 shall be awarded in addition to any other compensation payable under this schedule.
(22) For permanent loss or loss of use of any other important external or internal organ of the body as determined by the Secretary, proper and equitable compensation not to exceed 312 weeks' compensation for each organ so determined shall be paid in addition to any other compensation payable under this schedule.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §5, |
||
Oct. 14, 1949, ch. 691, §104 "Sec. 5(a), (b)", |
||
Sept. 13, 1960, |
The words "loss, or" are omitted throughout this section as included in "loss of use of".
In subsection (a)(B), the words "under
In subsection (b)(1), the words "(including paragraphs (16) and (20) thereof)" are omitted as surplusage.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
---|---|---|
8107(a), (b). | 5 App.: 755(a), (b). | July 4, 1966, |
In subsection (a), the words "If there is" are substituted for "In any case of". The words "loss, or" are omitted as included in "loss of use of" and to conform to the remainder of the section. The words "the employee is entitled to basic compensation for the disability" are substituted for "basic compensation for such disability shall be payable to the disabled employee". The words "by the schedule in subsection (c) of this section" are substituted for "in the following schedule" to reflect the codification of the schedule in subsection (c). The words "The schedule referred to in the first sentence is as follows:" are omitted as unnecessary in view of the codification of that schedule in subsection (c).
In subsection (b), the words "an employee is entitled to compensation" are substituted for "compensation shall be paid" for consistency with subsection (a). In subsections (b) (1) and (2), the words "
Amendments
1974—Subsec. (a).
Subsec. (c)(22).
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
Cross References
Right to compensation for scheduled disabilities specified by subsec. (c) of this section not impaired by eligibility for benefits under subchapter III of
Section Referred to in Other Sections
This section is referred to in
§8108. Reduction of compensation for subsequent injury to same member
The period of compensation payable under the schedule in
(1) compensation in both cases is for disability of the same member or function or different parts of the same member or function or for disfigurement; and
(2) the Secretary of Labor finds that compensation payable for the later disability in whole or in part would duplicate the compensation payable for the preexisting disability.
In such a case, compensation for disability continuing after the scheduled period starts on expiration of that period as reduced under this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 14, 1949, ch. 691, §104 "Sec. 5(c)", |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
---|---|---|
8108 | 5 App.: 755(c). | July 4, 1966, |
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
Section Referred to in Other Sections
This section is referred to in
§8109. Beneficiaries of awards unpaid at death; order of precedence
(a) If an individual—
(1) has sustained disability compensable under
(2) has filed a valid claim in his lifetime; and
(3) dies from a cause other than the injury before the end of the period specified by the schedule;
the compensation specified by the schedule that is unpaid at his death, whether or not accrued or due at his death, shall be paid—
(A) under an award made before or after the death;
(B) for the period specified by the schedule;
(C) to and for the benefit of the persons then in being within the classes and proportions and on the conditions specified by this section; and
(D) in the following order of precedence:
(i) If there is no child, to the widow or widower.
(ii) If there are both a widow or widower and a child or children, one-half to the widow or widower and one-half to the child or children.
(iii) If there is no widow or widower, to the child or children.
(iv) If there is no survivor in the above classes, to the parent or parents wholly or partly dependent for support on the decedent, or to other wholly dependent relatives listed by
(v) If there is no survivor in the above classes and no burial allowance is payable under
(b) Payments under subsection (a) of this section, except for an amount payable for a period preceding the death of the individual, are at the basic rate of compensation for permanent disability specified by
(c) A surviving beneficiary under subsection (a) of this section, except one under subsection (a)(D)(v), does not have a vested right to payment and must be alive to receive payment.
(d) A beneficiary under subsection (a) of this section, except one under subsection (a)(D)(v), ceases to be entitled to payment on the happening of an event which would terminate his right to compensation for death under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 14, 1949, ch. 691, §104 "Sec. 5(d)", |
The references in former section 755(d) to definitions in former section 760(B), (H) are omitted as unnecessary as the definitions are included in section 8101 for the entire subchapter.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
---|---|---|
8109(a)(1) | 5 App.: 755(d)(1). | July 4, 1966, |
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
Section Referred to in Other Sections
This section is referred to in
§8110. Augmented compensation for dependents
(a) For the purpose of this section, "dependent" means—
(1) a wife, if—
(A) she is member of the same household as the employee;
(B) she is receiving regular contributions from the employee for her support; or
(C) the employee has been ordered by a court to contribute to her support;
(2) a husband, if—
(A) he is a member of the same household as the employee; or
(B) he is receiving regular contributions from the employee for his support; or
(C) the employee has been ordered by a court to contribute to his support;
(3) an unmarried child, while living with the employee or receiving regular contributions from the employee toward his support, and who is—
(A) under 18 years of age; or
(B) over 18 years of age and incapable of self-support because of physical or mental disability; and
(4) a parent, while wholly dependent on and supported by the employee.
Notwithstanding paragraph (3) of this subsection, compensation payable for a child that would otherwise end because the child has reached 18 years of age shall continue if he is a student as defined by
(b) A disabled employee with one or more dependents is entitled to have his basic compensation for disability augmented—
(1) at the rate of 81/3 percent of his monthly pay if that compensation is payable under
(2) at the rate of 81/3 percent of the difference between his monthly pay and his monthly wage-earning capacity if that compensation is payable under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §6, |
||
Feb. 12, 1927, ch. 110, §1, |
||
May 13, 1936, ch. 382, |
||
Oct. 14, 1949, ch. 691, §105 "Sec. 6(a)", |
The references in former section 756(a)(2) to definitions in former section 760(H) are omitted as unnecessary as the definitions are included in section 8101 for the entire subchapter.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
---|---|---|
8110(a) | 5 App.: 756(a)(2) (C). | July 4, 1966, |
8110(b) | 5 App.: 756(a)(1). | July 4, 1966, |
In subsection (a), the words "Notwithstanding paragraph (3) of this subsection" are substituted for "Notwithstanding any other provision of this section" for clarity. The word "he" is substituted for "he or she" in two places on authority of
Amendments
1974—Subsec. (a)(2).
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(53)(B), (C) of
Section Referred to in Other Sections
This section is referred to in
§8111. Additional compensation for services of attendants or vocational rehabilitation
(a) The Secretary of Labor may pay an employee who has been awarded compensation an additional sum of not more than $1,500 a month, as the Secretary considers necessary, when the Secretary finds that the service of an attendant is necessary constantly because the employee is totally blind, or has lost the use of both hands or both feet, or is paralyzed and unable to walk, or because of other disability resulting from the injury making him so helpless as to require constant attendance.
(b) The Secretary may pay an individual undergoing vocational rehabilitation under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 14, 1949, ch. 691, §105 "Sec. 6(b)", |
||
Sept. 13, 1960, |
In subsection (a), the words "In addition to the monthly compensation otherwise specified in
In subsection (b), the words "pursuant to the Secretary's direction" are omitted as unnecessary.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
---|---|---|
8111(a) | 5 App.: 756(b)(1). | July 4, 1966, |
Amendments
1990—Subsec. (a).
1974—Subsec. (a).
Subsec. (b).
Effective Date of 1990 Amendment
Section 3 of
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(54) of
Section Referred to in Other Sections
This section is referred to in
§8112. Maximum and minimum monthly payments
(a) Except as provided by
(b) The provisions of subsection (a) shall not apply to any employee whose disability is a result of an assault which occurs during an assassination or attempted assassination of a Federal official described under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 14, 1949, ch. 691, §105 "Sec. 6(c)", |
||
Sept. 13, 1960, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
---|---|---|
8112 | 5 App.: 756(c). | July 4, 1966, |
The words "maximum rate of basic pay for GS–15" and "minimum rate of basic pay for GS–2" are substituted for "highest rate of basic compensation provided for grade 15 of the General Schedule of the Classification Act of 1949" and "lowest rate of basic compensation provided for grade 2 by such General Schedule", respectively, for consistency of style within title 5 and to reflect the codification of the Classification Act of 1949 in title 5.
Amendments
1988—
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(55) of
Section Referred to in Other Sections
This section is referred to in
§8113. Increase or decrease of basic compensation
(a) If an individual—
(1) was a minor or employed in a learner's capacity at the time of injury; and
(2) was not physically or mentally handicapped before the injury;
the Secretary of Labor, on review under
(b) If an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 14, 1949, ch. 691, §105 "Sec. 6(d)", |
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section amends
Amendments
1974—Subsecs. (b), (c).
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8114. Computation of pay
(a) For the purpose of this section—
(1) "overtime pay" means pay for hours of service in excess of a statutory or other basic workweek or other basic unit of worktime, as observed by the employing establishment; and
(2) "year" means a period of 12 calendar months, or the equivalent thereof as specified by regulations prescribed by the Secretary of Labor.
(b) In computing monetary compensation for disability or death on the basis of monthly pay, that pay is determined under this section.
(c) The monthly pay at the time of injury is deemed one-twelfth of the average annual earnings of the employee at that time. When compensation is paid on a weekly basis, the weekly equivalent of the monthly pay is deemed one-fifty-second of the average annual earnings. However, for so much of a period of total disability as does not exceed 90 calendar days from the date of the beginning of compensable disability, the compensation, in the discretion of the Secretary of Labor, may be computed on the basis of the actual daily wage of the employee at the time of injury in which event he may be paid compensation for the days he would have worked but for the injury.
(d) Average annual earnings are determined as follows:
(1) If the employee worked in the employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury and the employment was in a position for which an annual rate of pay—
(A) was fixed, the average annual earnings are the annual rate of pay; or
(B) was not fixed, the average annual earnings are the product obtained by multiplying his daily wage for the particular employment, or the average thereof if the daily wage has fluctuated, by 300 if he was employed on the basis of a 6-day workweek, 280 if employed on the basis of a 5½-day week, and 260 if employed on the basis of a 5-day week.
(2) If the employee did not work in employment in which he was employed at the time of his injury during substantially the whole year immediately preceding the injury, but the position was one which would have afforded employment for substantially a whole year, the average annual earnings are a sum equal to the average annual earnings of an employee of the same class working substantially the whole immediately preceding year in the same or similar employment by the United States in the same or neighboring place, as determined under paragraph (1) of this subsection.
(3) If either of the foregoing methods of determining the average annual earnings cannot be applied reasonably and fairly, the average annual earnings are a sum that reasonably represents the annual earning capacity of the injured employee in the employment in which he was working at the time of the injury having regard to the previous earnings of the employee in Federal employment, and of other employees of the United States in the same or most similar class working in the same or most similar employment in the same or neighboring location, other previous employment of the employee, or other relevant factors. However, the average annual earnings may not be less than 150 times the average daily wage the employee earned in the employment during the days employed within 1 year immediately preceding his injury.
(4) If the employee served without pay or at nominal pay, paragraphs (1), (2), and (3) of this subsection apply as far as practicable, but the average annual earnings of the employee may not exceed the minimum rate of basic pay for GS–15. If the average annual earnings cannot be determined reasonably and fairly in the manner otherwise provided by this section, the average annual earnings shall be determined at the reasonable value of the service performed but not in excess of $3,600 a year.
(e) The value of subsistence and quarters, and of any other form of remuneration in kind for services if its value can be estimated in money, and premium pay under
(1) overtime pay;
(2) additional pay or allowance authorized outside the United States because of differential in cost of living or other special circumstances; or
(3) bonus or premium pay for extraordinary service including bonus or pay for particularly hazardous service in time of war.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §12, |
||
Oct. 14, 1949, ch. 691, §203, |
In subsection (d)(4), the words "the minimum rate of basic pay for GS–15" are substituted for "the basic rate of annual compensation specified under the Classification Act of 1949, as amended, for positions in grade GS–15 at the bottom of such grade". In former section 762, the words "Classification Act of 1949" were substituted for "Classification Act of 1923" on authority of §1106(a) of the Act of Oct. 28, 1949, ch. 782,
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1966—Subsec. (e).
Effective Date of 1966 Amendment
Section 4 of
Section Referred to in Other Sections
This section is referred to in
§8115. Determination of wage-earning capacity
(a) In determining compensation for partial disability, except permanent partial disability compensable under
(1) the nature of his injury;
(2) the degree of physical impairment;
(3) his usual employment;
(4) his age;
(5) his qualifications for other employment;
(6) the availability of suitable employment; and
(7) other factors or circumstances which may affect his wage-earning capacity in his disabled condition.
(b)
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §13, |
||
Oct. 14, 1949, ch. 691, §204, |
||
Sept. 13, 1960, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8116. Limitations on right to receive compensation
(a) While an employee is receiving compensation under this subchapter, or if he has been paid a lump sum in commutation of installment payments until the expiration of the period during which the installment payments would have continued, he may not receive salary, pay, or remuneration of any type from the United States, except—
(1) in return for service actually performed;
(2) pension for service in the Army, Navy, or Air Force;
(3) other benefits administered by the Department of Veterans Affairs unless such benefits are payable for the same injury or the same death; and
(4) retired pay, retirement pay, retainer pay, or equivalent pay for service in the Armed Forces or other uniformed services, subject to the reduction of such pay in accordance with section 5532(b) 1 of
However, eligibility for or receipt of benefits under subchapter III of
(b) An individual entitled to benefits under this subchapter because of his injury, or because of the death of an employee, who also is entitled to receive from the United States under a provision of statute other than this subchapter payments or benefits for that injury or death (except proceeds of an insurance policy), because of service by him (or in the case of death, by the deceased) as an employee or in the armed forces, shall elect which benefits he will receive. The individual shall make the election within 1 year after the injury or death or within a further time allowed for good cause by the Secretary of Labor. The election when made is irrevocable, except as otherwise provided by statute.
(c) The liability of the United States or an instrumentality thereof under this subchapter or any extension thereof with respect to the injury or death of an employee is exclusive and instead of all other liability of the United States or the instrumentality to the employee, his legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the United States or the instrumentality because of the injury or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen's compensation statute or under a Federal tort liability statute. However, this subsection does not apply to a master or a member of a crew of a vessel.
(d) Notwithstanding the other provisions of this section, an individual receiving benefits for disability or death under this subchapter who is also receiving benefits under subchapter III of
(1) benefits received under section 223 of the Social Security Act (on account of disability) shall be subject to reduction on account of benefits paid under this subchapter pursuant to the provisions of section 224 of the Social Security Act; and
(2) in the case of benefits received on account of age or death under title II of the Social Security Act, compensation payable under this subchapter based on the Federal service of an employee shall be reduced by the amount of any such social security benefits payable that are attributable to Federal service of that employee covered by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §7, |
||
July 1, 1944, ch. 373, §605(a), |
||
Aug. 13, 1946, ch. 958, §5, |
||
Oct. 14, 1949, ch. 691, §201, |
||
July 30, 1956, ch. 779, §3(b), |
||
Sept. 13, 1960, |
||
Sept. 4, 1964, |
In subsection (a)(2), "Air Force" is added on authority of the Act of July 26, 1947, ch. 343, §207(a), (f),
In subsection (b), the reference to the definition of "employee" in former section 790 is omitted as unnecessary as the definition is included in section 8101 for the entire subchapter.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S.Code) | Source (Statutes at Large) |
---|---|---|
8116(a) | 5 App.: 757(a). | July 4, 1966, |
The words "another retirement system for employees of the Government" are substituted for "any other Federal Act or program providing retirement benefits for employees".
References in Text
The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531,
Amendments
1991—Subsec. (a)(3).
1986—Subsec. (d).
1974—Subsec. (a).
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1974 Amendment
Section 9(b) of
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(56) of
Section Referred to in Other Sections
This section is referred to in title 22 section 3715d.
1 See References in Text note below.
§8117. Time of accrual of right
An employee is not entitled to compensation for the first 3 days of temporary disability, except—
(1) when the disability exceeds 14 days;
(2) when the disability is followed by permanent disability; or
(3) as provided by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §2, |
||
Oct. 14, 1949, ch. 691, §101(a), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1974—
Effective Date of 1974 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8118. Continuation of pay; election to use annual or sick leave
(a) The United States shall authorize the continuation of pay of an employee, as defined in
(b) Continuation of pay under this subchapter shall be furnished—
(1) without a break in time unless controverted under regulations of the Secretary;
(2) for a period not to exceed 45 days; and
(3) under accounting procedures and such other regulations as the Secretary may require.
(c) An employee may use annual or sick leave to his credit at the time the disability begins, but his compensation for disability does not begin, and the time periods specified by
(d) If a claim under subsection (a) is denied by the Secretary, payments under this section shall, at the option of the employee, be charged to sick or annual leave or shall be deemed overpayments of pay within the meaning of
(e) Payments under this section shall not be considered as compensation as defined by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §8, |
||
Oct. 14, 1949, ch. 691, §101(b), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1974—
Effective Date of 1974 Amendment
Section 28(b) of
Section Referred to in Other Sections
This section is referred to in title 22 section 3715a.
§8119. Notice of injury or death
An employee injured in the performance of his duty, or someone on his behalf, shall give notice thereof. Notice of a death believed to be related to the employment shall be given by an eligible beneficiary specified in
(a) be given within 30 days after the injury or death;
(b) be given to the immediate superior of the employee by personal delivery or by depositing it in the mail properly stamped and addressed;
(c) be in writing;
(d) state the name and address of the employee;
(e) state the year, month, day, and hour when and the particular locality where the injury or death occurred;
(f) state the cause and nature of the injury, or, in the case of death, the employment factors believed to be the cause; and
(g) be signed by and contain the address of the individual giving the notice.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Sept. 7, 1916, ch. 458, §15, |
|
Sept. 7, 1916, ch. 458, §16, |
||
(b) | Sept. 7, 1916, ch. 458, §17, |
Subsection (b)(2) is added on authority of former section 770, which is carried into section 8122, to complete the coverage of this section.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1974—
Effective Date of 1974 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8120. Report of injury
Immediately after an injury to an employee which results in his death or probable disability, his immediate superior shall report to the Secretary of Labor. The Secretary may—
(1) prescribe the information that the report shall contain;
(2) require the immediate superior to make supplemental reports; and
(3) obtain such additional reports and information from employees as are agreed on by the Secretary and the head of the employing agency.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §24, |
||
Sept. 7, 1916, ch. 458, §28a, |
||
Oct. 14, 1949, ch. 691, §205(b), |
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§8121. Claim
Compensation under this subchapter may be allowed only if an individual or someone on his behalf makes claim therefor. The claim shall—
(1) be made in writing within the time specified by
(2) be delivered to the office of the Secretary of Labor or to an individual whom the Secretary may designate by regulation, or deposited in the mail properly stamped and addressed to the Secretary or his designee;
(3) be on a form approved by the Secretary;
(4) contain all information required by the Secretary;
(5) be sworn to by the individual entitled to compensation or someone on his behalf; and
(6) except in case of death, be accompanied by a certificate of the physician of the employee stating the nature of the injury and the nature and probable extent of the disability.
The Secretary may waive paragraphs (3)–(6) of this section for reasonable cause shown.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §18, |
||
Sept. 7, 1916, ch. 458, §19, |
The words "except as provided in section 788" in former section 768 are omitted as unnecessary as former section 788 dealt with recovery of overpayments after claims were made.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1974—Par. (3).
Effective Date of 1974 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8122. Time for making claim
(a) An original claim for compensation for disability or death must be filed within 3 years after the injury or death. Compensation for disability or death, including medical care in disability cases, may not be allowed if claim is not filed within that time unless—
(1) the immediate superior had actual knowledge of the injury or death within 30 days. The knowledge must be such to put the immediate superior reasonably on notice of an on-the-job injury or death; or
(2) written notice of injury or death as specified in
(b) In a case of latent disability, the time for filing claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his employment. In such a case, the time for giving notice of injury begins to run when the employee is aware, or by the exercise of reasonable diligence should have been aware, that his condition is causally related to his employment, whether or not there is a compensable disability.
(c) The timely filing of a disability claim because of injury will satisfy the time requirements for a death claim based on the same injury.
(d) The time limitations in subsections (a) and (b) of this section do not—
(1) begin to run against a minor until he reaches 21 years of age or has had a legal representative appointed; or
(2) run against an incompetent individual while he is incompetent and has no duly appointed legal representative; or
(3) run against any individual whose failure to comply is excused by the Secretary on the ground that such notice could not be given because of exceptional circumstances.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §20, |
||
June 13, 1922, ch. 219, |
||
July 28, 1945, ch. 328, §1, |
||
Sept. 13, 1960, |
The last sentence of the Act of June 13, 1922,
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8122(b), (d) | 5 App.: 770. | July 4, 1966, |
Amendments
1974—Subsec. (a).
Subsec. (c).
Subsec. (d).
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(57) of
Section Referred to in Other Sections
This section is referred to in
§8123. Physical examinations
(a) An employee shall submit to examination by a medical officer of the United States, or by a physician designated or approved by the Secretary of Labor, after the injury and as frequently and at the times and places as may be reasonably required. The employee may have a physician designated and paid by him present to participate in the examination. If there is disagreement between the physician making the examination for the United States and the physician of the employee, the Secretary shall appoint a third physician who shall make an examination.
(b) An employee is entitled to be paid expenses incident to an examination required by the Secretary which in the opinion of the Secretary are necessary and reasonable, including transportation and loss of wages incurred in order to be examined. The expenses, when authorized or approved by the Secretary, are paid from the Employees' Compensation Fund.
(c) The Secretary shall fix the fees for examinations held under this section by physicians not employed by or under contract to the United States to furnish medical services to employees. The fees, when authorized or approved by the Secretary, are paid from the Employees' Compensation Fund.
(d) If an employee refuses to submit to or obstructs an examination, his right to compensation under this subchapter is suspended until the refusal or obstruction stops. Compensation is not payable while a refusal or obstruction continues, and the period of the refusal or obstruction is deducted from the period for which compensation is payable to the employee.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §21, |
||
June 26, 1926, ch. 695, §2, |
||
Sept. 7, 1916, ch. 458, §22, |
||
Sept. 7, 1916, ch. 458, §23, |
||
June 26, 1926, ch. 695, §3, |
||
Oct. 14, 1949, ch. 691, §208 "Sec. 23(a)", |
In subsections (a) and (c), the words "duly qualified" in former sections 771 and 772 are omitted as unnecessary in view of the definition of "physician" in section 8101.
In subsection (c) the words "fees for examinations" in former section 773(a) are substituted for "fees or examinations" since the word "or" was erroneously in the 1949 amendment. The words "any sum payable to the employee under
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§8124. Findings and award; hearings
(a) The Secretary of Labor shall determine and make a finding of facts and make an award for or against payment of compensation under this subchapter after—
(1) considering the claim presented by the beneficiary and the report furnished by the immediate superior; and
(2) completing such investigation as he considers necessary.
(b)(1) Before review under
(2) In conducting the hearing, the representative of the Secretary is not bound by common law or statutory rules of evidence, by technical or formal rules of procedure, or by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §36, |
The last sentence of former section 786 is omitted as surplusage because it is covered by section 8147.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8124(b) | 5 App.: 786(b). | July 4, 1966, |
In subsection (b)(1), the words "
In subsection (b)(2), the words "
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(58) of
Section Referred to in Other Sections
This section is referred to in
§8125. Misbehavior at proceedings
If an individual—
(1) disobeys or resists a lawful order or process in proceedings under this subchapter before the Secretary of Labor or his representative; or
(2) misbehaves during a hearing or so near the place of hearing as to obstruct it;
the Secretary or his representative shall certify the facts to the district court having jurisdiction in the place where he is sitting. The court, in a summary manner, shall hear the evidence as to the acts complained of and if the evidence warrants, punish the individual in the same manner and to the same extent as for a contempt committed before the court, or commit the individual on the same conditions as if the forbidden act had occurred with reference to the process of or in the presence of the court.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 14, 1949, ch. 691, §208 "Sec. 23(c)", |
The words "the district court of the United States for the District of Columbia" are omitted as included in "district court". The words "under this subchapter" are added for clarity since this section which was formerly a subsection referred to the subsection preceding it which identified the proceedings.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8126. Subpenas; oaths; examination of witnesses
The Secretary of Labor, on any matter within his jurisdiction under this subchapter, may—
(1) issue subpenas for and compel the attendance of witnesses within a radius of 100 miles;
(2) administer oaths;
(3) examine witnesses; and
(4) require the production of books, papers, documents, and other evidence.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §29, |
The words "under this subchapter" are added to preserve the original grant of power in the Act of Sept. 7, 1916.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8127. Representation; attorneys' fees
(a) A claimant may authorize an individual to represent him in any proceeding under this subchapter before the Secretary of Labor.
(b) A claim for legal or other services furnished in respect to a case, claim, or award for compensation under this subchapter is valid only if approved by the Secretary.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Oct. 14, 1949, ch. 691, §208 "Sec. 23(b) (less last sentence)", |
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8128. Review of award
(a) The Secretary of Labor may review an award for or against payment of compensation at any time on his own motion or on application. The Secretary, in accordance with the facts found on review, may—
(1) end, decrease, or increase the compensation previously awarded; or
(2) award compensation previously refused or discontinued.
(b) The action of the Secretary or his designee in allowing or denying a payment under this subchapter is—
(1) final and conclusive for all purposes and with respect to all questions of law and fact; and
(2) not subject to review by another official of the United States or by a court by mandamus or otherwise.
Credit shall be allowed in the accounts of a certifying or disbursing official for payment in accordance with that action.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Sept. 7, 1916, ch. 458, §37, |
|
June 5, 1924, ch. 261, §1, |
||
(b) | July 28, 1945, ch. 328, §4 (penultimate sentence), |
In subsection (a), the words "If the original claim for compensation has been made within the time specified in
In subsection (b), the word "official" is substituted for "officer" because of the definition of "officer" in section 2104 which excludes a member of a uniformed service.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of the report.
Federal Rules of Civil Procedure
Writ of mandamus abolished in United States district courts, but relief available by appropriate action or motion, see rule 81, Title 28, Appendix, Judiciary and Judicial Procedure.
Section Referred to in Other Sections
This section is referred to in
§8129. Recovery of overpayments
(a) When an overpayment has been made to an individual under this subchapter because of an error of fact or law, adjustment shall be made under regulations prescribed by the Secretary of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, adjustment shall be made by decreasing later benefits payable under this subchapter with respect to the individual's death.
(b) Adjustment or recovery by the United States may not be made when incorrect payment has been made to an individual who is without fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience.
(c) A certifying or disbursing official is not liable for an amount certified or paid by him when—
(1) adjustment or recovery of the amount is waived under subsection (b) of this section; or
(2) adjustment under subsection (a) of this section is not completed before the death of all individuals against whose benefits deductions are authorized.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §38, |
In subsection (a), the words "Subject to the provisions of
In subsection (c), the word "official" is substituted for "officer" as the definition of "officer" in section 2104 excludes a member of a uniformed service.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§8130. Assignment of claim
An assignment of a claim for compensation under this subchapter is void. Compensation and claims for compensation are exempt from claims of creditors.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §25, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8131. Subrogation of the United States
(a) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the United States to pay damages, the Secretary of Labor may require the beneficiary to—
(1) assign to the United States any right of action he may have to enforce the liability or any right he may have to share in money or other property received in satisfaction of that liability; or
(2) prosecute the action in his own name.
An employee required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged.
(b) A beneficiary who refuses to assign or prosecute an action in his own name when required by the Secretary is not entitled to compensation under this subchapter.
(c) The Secretary may prosecute or compromise a cause of action assigned to the United States. When the Secretary realizes on the cause of action, he shall deduct therefrom and place to the credit of the Employees' Compensation Fund the amount of compensation already paid to the beneficiary and the expense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payments of compensation payable for the same injury. However, the beneficiary is entitled to not less than one-fifth of the net amount of a settlement or recovery remaining after the expenses thereof have been deducted.
(d) If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in the Panama Canal Company to pay damages under the law of a State, a territory or possession of the United States, the District of Columbia, or a foreign country, compensation is not payable until the individual entitled to compensation—
(1) releases to the Panama Canal Company any right of action he may have to enforce the liability of the Panama Canal Company; or
(2) assigns to the United States any right he may have to share in money or other property received in satisfaction of the liability of the Panama Canal Company.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)–(c) | Sept. 7, 1916, ch. 458, §26, |
|
Sept. 13, 1960, |
||
(d) | Sept. 7, 1916, ch. 458, §41, |
In subsection (d), the first 45 words of section 41 of the Act of Sept. 7, 1916, are omitted as executed. The words "Panama Canal Company" are substituted for "Panama Railroad Company" on authority of the Act of Sept. 26, 1950, ch. 1049, §2(a) (2),
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8131(c) | 5 App.: 776 (proviso). | July 4, 1966, |
References in Text
For definition of Panama Canal Company, referred to in text, see
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
Cross References
Third party tort liability to United States for hospital and medical care, see
Section Referred to in Other Sections
This section is referred to in
§8132. Adjustment after recovery from a third person
If an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the United States to pay damages, and a beneficiary entitled to compensation from the United States for that injury or death receives money or other property in satisfaction of that liability as the result of suit or settlement by him or in his behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney's fee, shall refund to the United States the amount of compensation paid by the United States and credit any surplus on future payments of compensation payable to him for the same injury. No court, insurer, attorney, or other person shall pay or distribute to the beneficiary or his designee the proceeds of such suit or settlement without first satisfying or assuring satisfaction of the interest of the United States. The amount refunded to the United States shall be credited to the Employees' Compensation Fund. If compensation has not been paid to the beneficiary, he shall credit the money or property on compensation payable to him by the United States for the same injury. However, the beneficiary is entitled to retain, as a minimum, at least one-fifth of the net amount of the money or other property remaining after the expenses of a suit or settlement have been deducted; and in addition to this minimum and at the time of distribution, an amount equivalent to a reasonable attorney's fee proportionate to the refund to the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §27, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8132 | 5 App.: 777(b) (proviso). | July 4, 1966, |
The words "However, * * * is entitled to retain * * * plus" are substituted for "Provided, That * * * shall have the right to retain * * * and, in addition, to retain".
Amendments
1974—
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by
Cross References
Third party tort liability to United States for hospital and medical care, see
Section Referred to in Other Sections
This section is referred to in
§8133. Compensation in case of death
(a) If death results from an injury sustained in the performance of duty, the United States shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule:
(1) To the widow or widower, if there is no child, 50 percent.
(2) To the widow or widower, if there is a child, 45 percent and in addition 15 percent for each child not to exceed a total of 75 percent for the widow or widower and children.
(3) To the children, if there is no widow or widower, 40 percent for one child and 15 percent additional for each additional child not to exceed a total of 75 percent, divided among the children share and share alike.
(4) To the parents, if there is no widow, widower, or child, as follows—
(A) 25 percent if one parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent;
(B) 20 percent to each if both were wholly dependent; or
(C) a proportionate amount in the discretion of the Secretary of Labor if one or both were partly dependent.
If there is a widow, widower, or child, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of 75 percent.
(5) To the brothers, sisters, grandparents, and grandchildren, if there is no widow, widower, child, or dependent parent, as follows—
(A) 20 percent if one was wholly dependent on the employee at the time of death;
(B) 30 percent if more than one was wholly dependent, divided among the dependents share and share alike; or
(C) 10 percent if no one is wholly dependent but one or more is partly dependent, divided among the dependents share and share alike.
If there is a widow, widower, child, or dependent parent, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, children, and dependent parents, will not exceed a total of 75 percent.
(b) The compensation payable under subsection (a) of this section is paid from the time of death until—
(1) a widow, or widower dies or remarries before reaching age 55;
(2) a child, a brother, a sister, or a grandchild dies, marries, or becomes 18 years of age, or if over age 18 and incapable of self-support becomes capable of self-support; or
(3) a parent or grandparent dies, marries, or ceases to be dependent.
Notwithstanding paragraph (2) of this subsection, compensation payable to or for a child, a brother or sister, or grandchild that would otherwise end because the child, brother or sister, or grandchild has reached 18 years of age shall continue if he is a student as defined by
(c) On the cessation of compensation under this section to or on account of an individual, the compensation of the remaining individuals entitled to compensation for the unexpired part of the period during which their compensation is payable, is that which they would have received if they had been the only individuals entitled to compensation at the time of the death of the employee.
(d) When there are two or more classes of individuals entitled to compensation under this section and the apportionment of compensation under this section would result in injustice, the Secretary may modify the apportionment to meet the requirements of the case.
(e) In computing compensation under this section, the monthly pay is deemed not less than the minimum rate of basic pay for GS–2. However, the total monthly compensation may not exceed—
(1) the monthly pay computed under
(2) 75 percent of the monthly pay of the maximum rate of basic pay for GS–15.
(f) Notwithstanding any funeral and burial expenses paid under section 8134, there shall be paid a sum of $200 to the personal representative of a deceased employee within the meaning of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §10 (less last 15 words of 1st sentence in (B); and less (H) and (L)), |
||
July 28, 1945, ch. 328, §§2 (less last 24 words), 3, |
||
Oct. 14, 1949, ch. 691, §106 (less last 23 words of 1st sentence in "(B)" of (c); and less (e)), |
||
Sept. 13, 1960, |
In subsection (a), the words "an injury sustained in the performance of duty" are substituted for "the injury" to clearly identify the type of injury to which the section refers.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8133(b) | 5 App.: 760(G) (last sentence). | July 4, 1966, |
8133(e) | 5 App.: 760(K). | July 4, 1966, |
In subsection (b), the words "Notwithstanding paragraph (3) of this subsection" are substituted for "Notwithstanding any other provision of this section" for clarity. The words "
In subsection (e), the words "is deemed" are substituted for "shall be considered to be". The words "minimum rate of basic pay for GS–2" and "maximum rate of basic pay for GS–15" are substituted for "lowest rate of basic compensation provided for grade 2 by the General Schedule of the Classification Act of 1949" and "highest rate of basic compensation provided for grade 15 of the General Schedule of the Classification Act of 1949," respectively, for consistency of style and to reflect the codification of the Classification Act of 1949 in title 5. The words "under
Amendments
1990—Subsec. (b)(1).
1974—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (a)(3).
Subsec. (b).
Subsec. (e)(1).
Subsec. (f).
Effective Date of 1974 Amendment
Amendment by sections 16(a) and 17 of
Amendment by section 18 of
Gratuity for Death of Civilian Employee From Injury Sustained in Line of Duty
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(62)(B) of
Cross References
Minimum limits on monthly pay on which death compensation is computed under this section, noncitizen employees sustaining injury outside the continental United States, see
Section Referred to in Other Sections
This section is referred to in
§8134. Funeral expenses; transportation of body
(a) If death results from an injury sustained in the performance of duty, the United States shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $800, in the discretion of the Secretary of Labor.
(b) The body of an employee whose home is in the United States, in the discretion of the Secretary, may be embalmed and transported in a hermetically sealed casket to his home or last place of residence at the expense of the Employees' Compensation Fund if—
(1) the employee dies from—
(A) the injury while away from his home or official station or outside the United States; or
(B) from other causes while away from his home or official station for the purpose of receiving medical or other services, appliances, supplies, or examination under this subchapter; and
(2) the relatives of the employee request the return of his body.
If the relatives do not request the return of the body of the employee, the Secretary may provide for its disposition and incur and pay from the Employees' Compensation Fund the necessary and reasonable transportation, funeral, and burial expenses.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §11, |
||
Feb. 12, 1927, ch. 110, §4, |
||
July 28, 1945, ch. 328, §2 (last 24 words), |
||
Oct. 14, 1949, ch. 691, §107, |
||
Sept. 13, 1960, |
In subsection (a), the words "an injury sustained in the performance of duty" are substituted for "the injury" to clearly identify the type of injury to which the section refers.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Availability of Department of the Interior and Related Agencies Appropriations To Reimburse Representatives of Employees Killed in Line of Duty
Section Referred to in Other Sections
This section is referred to in
§8135. Lump-sum payment
(a) The liability of the United States for compensation to a beneficiary in the case of death or of permanent total or permanent partial disability may be discharged by a lump-sum payment equal to the present value of all future payments of compensation computed at 4 percent true discount compounded annually if—
(1) the monthly payment to the beneficiary is less than $50 a month;
(2) the beneficiary is or is about to become a nonresident of the United States; or
(3) the Secretary of Labor determines that it is for the best interest of the beneficiary.
The probability of the death of the beneficiary before the expiration of the period during which he is entitled to compensation shall be determined according to the most current United States Life Tables, as developed by the United States Department of Health, Education, and Welfare, which shall be updated from time to time, but the lump-sum payment to a widow or widower of the deceased employee may not exceed 60 months' compensation. The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded.
(b) On remarriage before reaching age 55 a widow or widower entitled to compensation under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §14, |
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8135(b) | 5 App.: 764(b). | July 4, 1966, |
The word "widower" is substituted for "dependent widower" to conform to the definition in
Amendments
1990—Subsec. (b).
1974—Subsec. (a).
Subsec. (a)(1).
Subsec. (b).
Change of Name
United States Department of Health, Education, and Welfare redesignated the United States Department of Health and Human Services by
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(63) of
Cross References
Entitlement to civil service retirement annuity, effect of lump sum payment for compensation under this section, see
Section Referred to in Other Sections
This section is referred to in
§8136. Initial payments outside the United States
If an employee is injured outside the continental United States, the Secretary of Labor may arrange and provide for initial payment of compensation and initial furnishing of other benefits under this subchapter by an employee or agent of the United States designated by the Secretary for that purpose in the locality in which the employee was employed or the injury incurred.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 29, 1942, ch. 533 (2d sentence), |
The word "continental" is added on authority of the last sentence of the fifth paragraph of former section 793, which is carried into section 8137.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8137. Compensation for noncitizens and nonresidents
(a) When the Secretary of Labor finds that the amount of compensation payable to an employee who is neither a citizen nor resident of the United States or Canada, or payable to a dependent of such an employee, is substantially disproportionate to compensation for disability or death payable in similar cases under local statute, regulations, custom, or otherwise at the place outside the continental United States or Canada where the employee is working at the time of injury, he may provide for payment of compensation on a basis reasonably in accord with prevailing local payments in similar cases by—
(1) the adoption or adaption of the substantive features, by a schedule or otherwise, of local workmen's compensation provisions or other local statute, regulation, or custom applicable in cases of personal injury or death; or
(2) establishing special schedules of compensation for injury, death, and loss of use of members and functions of the body for specific classes of employees, areas, and places.
Irrespective of the basis adopted, the Secretary may at any time—
(A) modify or limit the maximum monthly and total aggregate payments for injury, death, and medical or other benefits;
(B) modify or limit the percentages of the wage of the employee payable as compensation for the injury or death; and
(C) modify, limit, or redesignate the class or classes of beneficiaries entitled to death benefits, including the designation of persons, representatives, or groups entitled to payment under local statute or custom whether or not included in the classes of beneficiaries otherwise specified by this subchapter.
(b) In a case under this section, the Secretary or his designee may—
(1) make a lump-sum award in the manner prescribed by
(2) compromise and pay a claim for benefits, including a claim in which there is a dispute as to jurisdiction or other fact or a question of law.
Compensation paid under this subsection is instead of all other compensation from the United States for the same injury or death, and a payment made under this subsection is deemed compensation under this subchapter and is satisfaction of all liability of the United States in respect to the particular injury or death.
(c) The Secretary may delegate to an employee or agency of the United States, with such limitations and right of review as he considers advisable, authority to process, adjudicate, commute by lump-sum award, compromise, and pay a claim or class of claims for compensation, and to provide other benefits, locally, under this section, in accordance with such regulations and instructions as the Secretary considers necessary. For this purpose, the Secretary may provide or transfer funds, including reimbursement of amounts paid under this subchapter.
(d) The Secretary may waive the application of this subchapter in whole or in part and for such period or periods as he may fix if he finds that—
(1) conditions prevent the establishment of facilities for processing and adjudicating claims under this section; or
(2) claimants under this section are alien enemies.
(e) The Secretary may apply this section retrospectively with adjustment of compensation and benefits as he considers necessary and proper.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 28, 1945, ch. 328, §4 (less penultimate sentence), |
The last sentence of former section 793 is omitted as it consists of a definition which is fully spelled out when the words "United States" are used as a geographical reference.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan. No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8138. Minimum limit modification for noncitizens and aliens
(a) Except as provided by subsection (b) of this section, the minimum limit on monthly compensation for disability under
(b) The President may remove or modify the minimum limit on monthly compensation for disability under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | July 29, 1942, ch. 533 (less 2d sentence), Sept. 13, 1960, |
|
(b) | Sept. 7, 1916, ch. 458, §42 (2d sentence of 2d par.), |
|
Apr. 6, 1938, ch. 79 "Sec. 42 (2d sentence of 2d par.)", |
In subsection (a), the words "in his discretion" are omitted as unnecessary in view of the permissive nature of the authority. The word "continental" is added on authority of the last sentence of the fifth paragraph of former section 793, which is carried into section 8137.
In subsection (b), the words "Canal Zone Government" and "Panama Canal Company" are substituted for "Panama Canal" and "Panama Railroad Company", respectively, on authority of the Act of Sept. 26, 1950, ch. 1049, §2(a),
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
For definition of Canal Zone Government and Panama Canal Company, referred to in text, see
Section Referred to in Other Sections
This section is referred to in
§8139. Employees of the District of Columbia
Compensation awarded to an employee of the government of the District of Columbia shall be paid in the manner provided by statute for the payment of the general expenses of the government of the District of Columbia.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 11, 1919, ch. 7, §11 (less 1st sentence), |
The words "Compensation awarded" are substituted for "Such compensation as the Secretary may award".
The last sentence of former section 794, requiring that the Commissioners of the District of Columbia submit to Congress through the Bureau of the Budget estimates of appropriations, is omitted as obsolete. The Budget and Accounting Act, 1921, as amended,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Processing of Claims Filed by District of Columbia Employees
See
§8140. Members of the Reserve Officers' Training Corps
(a) Subject to the provisions of this section, this subchapter applies to a member of, or applicant for membership in, the Reserve Officers' Training Corps of the Army, Navy, or Air Force who suffers an injury, disability, or death incurred, or an illness contracted, in line of duty—
(1) while engaged in a flight or in flight instruction under
(2) during the period of the member's attendance at training or a practice cruise under
(b) For the purpose of this section, an injury, disability, death, or illness of a member referred to in subsection (a) may be considered as incurred or contracted in line of duty only if the injury, disability, or death is incurred, or the illness is contracted, by the member during a period described in that subsection. Subject to review by the Secretary of Labor, the Secretary of the military department concerned (under regulations prescribed by that Secretary), shall determine whether an injury, disability, or death was incurred, or an illness was contracted, by a member in line of duty.
(c) In computing the compensation payable under this section, the monthly pay received by the injured or deceased individual, in cash and kind, is deemed $150.
(d) The Secretary of the military department concerned shall cooperate fully with the Department of Labor in the prompt investigation and prosecution of a case involving the legal liability of a third party other than the United States.
(e) An individual may not receive disability benefits under this section while on active duty with the armed forces, but these benefits may be reinstated when the individual is released from that active duty.
(f) Expenses incurred by a military department in providing hospitalization, medical and surgical care, necessary transportation incident to that hospitalization or medical and surgical care, or in connection with a funeral and burial on behalf of an individual covered by subsection (a) of this section shall be reimbursed by the Secretary of Labor from the Employees' Compensation Fund in accordance with this subchapter. However, reimbursement may not be made for hospitalization or medical or surgical care provided an individual by a military department in a facility of a military department.
(g) For purposes of this section, the term "applicant for membership" includes a student enrolled, during a semester or other enrollment term, in a course which is part of Reserve Officers' Training Corps instruction at an educational institution.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 1, 1956, ch. 830, §4, Oct. 13, 1964, |
In subsection (a), the words "Subject to the provisions of this section" are added for clarity.
In subsection (c), the last sentence of former section 802(b) is omitted as unnecessary.
In subsection (d), the words "Nothing in this section shall be construed to hinder the prompt action authorized by
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (a).
Subsec. (a)(2).
Subsec. (b).
1988—Subsec. (a).
Subsec. (a)(2).
Subsec. (f).
Subsec. (g).
Effective Date of 1998 Amendment
Effective Date of 1988 Amendment
Amendment by
Different Coverage for Reserve Officer Training Corps Members
[Section 113(d) of
Section Referred to in Other Sections
This section is referred to in title 38 section 101.
§8141. Civil Air Patrol volunteers
(a) Subject to the provisions of this section, this subchapter applies to a volunteer civilian member of the Civil Air Patrol, except a Civil Air Patrol Cadet under 18 years of age.
(b) In administering this subchapter for a member of the Civil Air Patrol covered by this section—
(1) the monthly pay of a member is deemed the rate of basic pay payable for step 1 of grade GS–9 in the General Schedule under
(2) the percentages applicable to payments under
(A) 45 percent for
(B) 20 percent for
(C) 25 percent for
(3) a payment may not be made under
(4) "performance of duty" means only active service, and travel to and from that service, rendered in performance or support of operational missions of the Civil Air Patrol under direction of the Department of the Air Force and under written authorization by competent authority covering a specific assignment and prescribing a time limit for the assignment; and
(5) the Secretary of Labor or his designee shall inform the Commissioner of Social Security when a claim is filed and eligibility for compensation is established under section 8133(a)(2) or (3) of this title, and the Commissioner of Social Security shall certify to the Secretary of Labor as to whether or not the member concerned was fully or currently insured under subchapter II of
(c) The Secretary of Labor or his designee may inform the Secretary of the Air Force or his designee when a claim is filed. The Secretary of the Air Force, on request of the Secretary of Labor, shall advise him of the facts concerning the injury and whether or not the member was rendering service, or engaged in travel to or from service, in performance or support of an operational mission of the Civil Air Patrol at the time of injury. This subsection does not dispense with the report of the immediate superior of the member required by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 3, 1956, ch. 926, §1 "Sec. 3 (less (d))", |
Subsection (d) of former section 803, providing for retroactive applicability, is omitted as executed (see Table II).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Subchapter II of
Amendments
1994—Subsec. (b)(5).
1983—Subsec. (a).
Subsec. (b)(1).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1983 Amendment
Section 1258(b) of
"(1) The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Sept. 24, 1983].
"(2) The amendment made by subsection (a)(1) [amending this section] shall apply only to deaths or injuries occurring on or after the date of the enactment of this Act [Sept. 24, 1983].
"(3) The amendment made by subsection (a)(2) [amending this section] shall apply only to the computation of compensation payable for periods commencing on or after the date of the enactment of this Act [Sept. 24, 1983]."
Cross References
Veteran status or military status not conferred by this section, see
Section Referred to in Other Sections
This section is referred to in
§8142. Peace Corps volunteers
(a) For the purpose of this section, "volunteer" means—
(1) a volunteer enrolled in the Peace Corps under
(2) a volunteer leader enrolled in the Peace Corps under
(3) an applicant for enrollment as a volunteer or volunteer leader during a period of training under
(b) Subject to the provisions of this section, this subchapter applies to a volunteer, except that entitlement to disability compensation payments does not commence until the day after the date of termination of his service as a volunteer.
(c) For the purpose of this subchapter—
(1) a volunteer is deemed receiving monthly pay at the minimum rate for GS–7;
(2) a volunteer leader referred to by
(3) an injury suffered by a volunteer when he is outside the several States and the District of Columbia is deemed proximately caused by his employment, unless the injury or disease is—
(A) caused by willful misconduct of the volunteer;
(B) caused by the volunteer's intention to bring about the injury or death of himself or of another; or
(C) proximately caused by the intoxication of the injured volunteer; and
(4) the period of service of an individual as a volunteer includes—
(A) any period of training under
(B) the period between enrollment as a volunteer and the termination of service as a volunteer by the President or by death or resignation.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 22, 1961, |
Subsection (a) is based on
In subsection (b), the words "Subject to the provisions of this section" are added for clarity and to conform to the style of sections 8140 and 8141. The words "of the United States Government" are omitted as unnecessary in view of the definition of "employee" in section 8101(1).
In subsection (c), the words "outside the several States, territories and possessions of the United States, and the District of Columbia" are substituted for "abroad" on authority of
Subsection (c)(4) is added on authority of
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
Amendments
1974—Subsec. (c)(2).
Effective Date of 1974 Amendment
Amendment by
Cross References
Transportation of baggage and household goods, appropriations for payment or reimbursement of volunteers, see
Section Referred to in Other Sections
This section is referred to in
§8143. Job Corps enrollees; volunteers in service to America
(a) Subject to the provisions of this subsection, this subchapter applies to an enrollee in the Job Corps, except that compensation for disability does not begin to accrue until the day after the date on which the injured enrollee is terminated. In administering this subchapter for an enrollee covered by this subsection—
(1) the monthly pay of an enrollee is deemed that received at the minimum rate for GS–2;
(2)
(3) "performance of duty" does not include an act of an enrollee while absent from his assigned post of duty, except while participating in an activity (including an activity while on pass or during travel to or from the post of duty) authorized by or under the direction and supervision of the Job Corps.
(b) This subchapter applies to a volunteer in service to America who receives either a living allowance or a stipend under part A of subchapter VIII of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Aug. 20, 1964, |
|
(b) | Aug. 20, 1964, |
In subsection (a)(1), reference to "the Classification Act of 1949 (
In subsection (b), the words "in service to America" are inserted after "volunteer" for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8143(a)(1) | 42: 2716(c)(2)(B). | Nov. 8, 1966, |
8143(a)(3) | 42: 2716(c)(2)(A). | Oct. 9, 1965, |
8143(b) | 42: 2991c(b) (as applicable to 42: 2716(c)). | Nov. 8, 1966, |
In subsection (a)(3), the words "in the Federal Employees' Compensation Act" are omitted as unnecessary since that act is codified in that subchapter of
In subsection (b), the words "in service to America" are inserted after "volunteer" in two places for clarity. The words "subsection (a)(2) of this section" are substituted for "paragraph (2)(B) of section 106(c)" to reflect the codification of that paragraph in title 5. The words "at the minimum rate for GS–7" are substituted for "under the entrance salary for GS–7 of the General Schedule for
References in Text
Part A of subchapter VIII of
Amendments
1993—Subsec. (b).
1974—
1968—
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 29 sections 1706, 2897.
§8143a. Members of the National Teacher Corps
Subject to the provisions of this section, this subchapter applies to a member of the National Teacher Corps. In administering this subchapter for a member covered by this section—
(1) "performance of duty" does not include an act of a member while—
(A) on authorized leave; or
(B) absent from his assigned post of duty, except while participating in an activity authorized by or under the direction or supervision of the Commissioner of Education; and
(2) In computing compensation for disability or death, the monthly pay of a member is deemed his actual pay or that received at the minimum rate for GS–6, whichever is greater.
(Added
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8143a | 20: 1105(b). | Nov. 8, 1965, |
The words "a member of the National Teacher Corps" are substituted for "such members" on authority of
Transfer of Functions
Functions of Commissioner of Education of Department of Health, Education, and Welfare transferred to Secretary of Education by
§8144. Student-employees
A student-employee as defined by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 4, 1947, ch. 452, §4, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8145. Administration
The Secretary of Labor shall administer, and decide all questions arising under, this subchapter. He may—
(1) appoint employees to administer this subchapter; and
(2) delegate to any employee of the Department of Labor any of the powers conferred on him by this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §28, |
||
Oct. 14, 1949, ch. 691, §205(a), (c)(1), |
||
[Uncodified]. | 1946 Reorg. Plan No. 2, §3 (less 2d sentence), eff. July 16, 1946, |
|
[Uncodified]. | 1950 Reorg. Plan No. 19, §1, eff. May 24, 1950, |
|
Sept. 7, 1916, ch. 458, §30, |
||
Sept. 7, 1916, ch. 458, §32 (last 9 words), |
The last 20 words of former section 781 are omitted as unnecessary in view of the definition of "competitive service" in section 2102 and the provisions of subchapter I of
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Processing of Claims Filed by District of Columbia Employees
See
§8146. Administration for the Panama Canal Commission and The Alaska Railroad
(a) The President, from time to time, may transfer the administration of this subchapter—
(1) so far as employees of the Panama Canal Commission are concerned to the Commission; and
(2) so far as employees of The Alaska Railroad are concerned to the general manager of The Alaska Railroad.
(b) When administration is transferred under subsection (a) of this section, the expenses incident to physical examinations which are payable under
(c) The President may authorize the Panama Canal Commission to waive, at its discretion, the making of the claim required by
(d) When administration is transferred under subsection (a) of this section to the general manager of The Alaska Railroad, the Secretary of Labor is not divested of jurisdiction and a claimant is entitled to appeal from the decision of the general manager of The Alaska Railroad to the Secretary of Labor. The Secretary on receipt of an appeal shall, or on his own motion may, review the decision of the general manager of The Alaska Railroad, and in accordance with the facts found on review may proceed under
(e) The same right of appeal exists with respect to claims filed by employees of the Panama Canal Commission or their dependents in case of death, as is provided with respect to the claims of other employees to whom this subchapter applies, under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §42 (less 2d sentence of 2d par.), Apr. 6, 1938, ch. 79 "Sec. 42 (less 2d sentence of 2d par.)", Aug. 30, 1964, |
In subsection (a), the words "in which cases the words 'Secretary' and 'his' wherever they appear in
In subsection (b), the words "the Employees' Compensation Fund" are substituted for "appropriation for the work of the Secretary" in view of former section 771, which is carried into section 8123, which provides that all such expenses shall be paid from the Fund.
In subsections (b) and (c), the words "Canal Zone Government", "Panama Canal Company", and "Governor of the Canal Zone" are substituted for "Panama Canal", "Panama Railroad Company", and "Governor of the Panama Canal", respectively, on authority of the Act of Sept. 26, 1950, ch. 1049, §2,
In subsection (e), the words "of other employees to whom this subchapter applies" are substituted for "of other employees of the Federal Government" for clarity and in view of the provisions of section 8149. The words "Employees' Compensation Appeals Board" are substituted for "Appeals Board" to reflect the full title of the Board
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1979—
Subsec. (a)(1).
Subsec. (b).
Subsec. (c).
Subsec. (e).
Effective Date of 1979 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8146a. Cost-of-living adjustment of compensation
(a) Compensation payable on account of disability or death which occurred more than one year before March 1 of each year shall be annually increased on that date by the amount determined by the Secretary of Labor to represent the percent change in the price index published for December of the preceding year over the price index published for the December of the year prior to the preceding year, adjusted to the nearest one-tenth of 1 percent.
(b) The regular periodic compensation payments after adjustment under this section shall be fixed at the nearest dollar. However, the regular periodic compensation after adjustment shall reflect an increase of at least $1.
(c) This section shall be applicable to persons excluded by section 15 of the Federal Employees' Compensation Act Amendments of 1966 (
(Added
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8146a(a) 8146a(b) |
5 App.: 793a(a). 5 App.: 793a(b). |
July 4, 1966, |
In subsection (a), the words "After the month during which this section becomes effective," following "Each month," are omitted as executed and unnecessary. The words "Secretary of Labor" are substituted for "Secretary" on authority of section 40(i) of the Federal Employees' Compensation Act. In the second sentence, the words "latest base month" are substituted for "most recent base month."
So much of section 14 of
References in Text
"Persons excluded by section 15 of the Federal Employees' Compensation Act Amendments of 1966", referred to in subsec. (c), means persons excluded by section 15 of
Act of February 15, 1934 (
Act of June 26, 1936 (
Act of April 8, 1935 (
Act of July 25, 1942 (
Act of September 8, 1959 (
Amendments
1980—Subsec. (a).
1974—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1980 Amendment
For effective date of amendment by
Effective Date of 1974 Amendment
Amendment by
Personnel Not Affected by Cost-of-Living Adjustment
Increases authorized by this section not applicable to employees and individuals not within the definition of "employee" in
Section Referred to in Other Sections
This section is referred to in
§8147. Employees' Compensation Fund
(a) There is in the Treasury of the United States the Employees' Compensation Fund which consists of sums that Congress, from time to time, may appropriate for or transfer to it, and amounts that otherwise accrue to it under this subchapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses, except administrative expenses, authorized by this subchapter or any extension or application thereof, except as otherwise provided by this subchapter or other statute. The Secretary of Labor shall submit annually to the Office of Management and Budget estimates of appropriations necessary for the maintenance of the Fund. For the purpose of this subsection, "administrative expenses" does not include expenses for legal services performed by or for the Secretary under
(b) Before August 15 of each year, the Secretary shall furnish to each agency and instrumentality of the United States having an employee who is or may be entitled to compensation benefits under this subchapter or any extension or application thereof a statement showing the total cost of benefits and other payments made from the Employees' Compensation Fund during the preceding July 1 through June 30 expense period on account of the injury or death of employees or individuals under the jurisdiction of the agency or instrumentality. Each agency and instrumentality shall include in its annual budget estimates for the fiscal year beginning in the next calendar year a request for an appropriation in an amount equal to the costs. Sums appropriated pursuant to the request shall be deposited in the Treasury to the credit of the Fund within 30 days after they are available. An agency or instrumentality not dependent on an annual appropriation shall make the deposit required by this subsection from funds under its control during the first fifteen days of October following the furnishing of the statement. If an agency or instrumentality (or part or function thereof) is transferred to another agency or instrumentality, the cost of compensation benefits and other expenses paid from the Fund on account of the injury or death of employees of the transferred agency or instrumentality (or part or function) shall be included in costs of the receiving agency or instrumentality.
(c) In addition to the contributions for the maintenance of the Employees' Compensation Fund required by this section, the United States Postal Service, or a mixed ownership corporation as defined by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §35, Sept. 12, 1950, ch. 946, §301(92), Sept. 13, 1960, |
In subsection (b), the words "each agency and instrumentality of the United States" are substituted for "each executive department and each agency or instrumentality of the United States or other establishment". The words "(hereinafter called 'agency')" are omitted as unnecessary because "agency or instrumentality" is substituted for "agency" in the remainder of this subsection and in subsection (c). The words "occurring after December 1, 1960" are omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8147(a) | 5 App.: 785(d). | July 4, 1966, |
The word "performed" is substituted for "rendered" to conform to the style of title 5. The words "
Amendments
1982—Subsec. (c).
1976—Subsec. (b).
1974—Subsec. (a).
Subsec. (c).
Effective Date of 1974 Amendment
Amendment by section 25 of
Amendment by section 26 of
Government Printing Office Payment of Cost of Administration
Fiscal Year 1994 Prohibition on Payments to Individuals Convicted of Issuing False Statements or Fraud
Deposit Into Fund Between July 1, and July 15, 1976, of Specified Part of August 15, 1975, Statement
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(71) of
Section Referred to in Other Sections
This section is referred to in title 2 section 95d; title 39 section 2003; title 42 sections 1701, 1704, 1705; title 49 section 49104.
§8148. Forfeiture of benefits by convicted felons
(a) Any individual convicted of a violation of
(b)(1) Notwithstanding any other provision of this chapter (except as provided under paragraph (3)), no benefits under this subchapter or subchapter III of this chapter shall be paid or provided to any individual during any period during which such individual is confined in a jail, prison, or other penal institution or correctional facility, pursuant to that individual's conviction of an offense that constituted a felony under applicable law.
(2) Such individual shall not be entitled to receive the benefits forfeited during the period of incarceration under paragraph (1), after such period of incarceration ends.
(3) If an individual has one or more dependents as defined under section 8110(a), the Secretary of Labor may, during the period of incarceration, pay to such dependents a percentage of the benefits that would have been payable to such individual computed according to the percentages set forth in section 8133(a)(1) through (5).
(c) Notwithstanding the provision of
(Added
Prior Provisions
A prior section 8148,
Amendments
1998—Subsec. (a).
Effective Date
Section 101(c) of
§8149. Regulations
The Secretary of Labor may prescribe rules and regulations necessary for the administration and enforcement of this subchapter including rules and regulations for the conduct of hearings under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 7, 1916, ch. 458, §32 (less last 9 words), |
||
[Uncodified]. | 1946 Reorg. Plan No. 2, §3 (2d sentence), eff. July 16, 1946, |
|
[Uncodified]. | 1950 Reorg. Plan No. 19, §2, eff. May 24, 1950, |
The words "administration and" are added for clarity.
Administration of this subchapter was transferred to the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19,
The first sentence of section 2 of 1950 Reorg. Plan No. 19 is omitted as executed. The word "employees" is coextensive with and substituted for "employees of the Federal Government or of the District of Columbia" in view of the definition of "employee" in section 8101.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8149 | 5 App.: 783. | July 4, 1966, |
In the first sentence, the words "
In the second sentence, the word "adjudicating" is substituted for "in the adjudication of". The words "
Personnel Not Affected by 1967 Increase
Increases authorized under amendment by section 1(71) of
Section Referred to in Other Sections
This section is referred to in
§8150. Effect on other statutes
(a) This subchapter does not affect the maritime rights and remedies of a master or member of the crew of a vessel.
(b)
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Oct. 14, 1949, ch. 691, §305(b), |
|
(b) | Aug. 3, 1956, ch. 926, §1 "Sec. 4", |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8151. Civil service retention rights
(a) In the event the individual resumes employment with the Federal Government, the entire time during which the employee was receiving compensation under this chapter shall be credited to the employee for the purposes of within-grade step increases, retention purposes, and other rights and benefits based upon length of service.
(b) Under regulations issued by the Office of Personnel Management—
(1) the department or agency which was the last employer shall immediately and unconditionally accord the employee, if the injury or disability has been overcome within one year after the date of commencement of compensation or from the time compensable disability recurs if the recurrence begins after the injured employee resumes regular full-time employment with the United States, the right to resume his former or an equivalent position, as well as all other attendant rights which the employee would have had, or acquired, in his former position had he not been injured or disabled, including the rights to tenure, promotion, and safeguards in reductions-in-force procedures, and
(2) the department or agency which was the last employer shall, if the injury or disability is overcome within a period of more than one year after the date of commencement of compensation, make all reasonable efforts to place, and accord priority to placing, the employee in his former or equivalent position within such department or agency, or within any other department or agency.
(Added
Amendments
1978—Subsec. (b).
Effective Date of 1978 Amendment
Amendment by
Effective Date
Section applicable to cases where injury or death occurred prior to Sept. 7, 1974, but only to a period beginning on or after Sept. 7, 1974, see section 28(a) of
§8152. Annual report
The Secretary of Labor shall, at the end of each fiscal year, prepare a report with respect to the administration of this chapter. Such report shall be submitted to Congress in accordance with the requirement with respect to submission under section 42 of the Longshore 1 Harbor Workers' Compensation Act (
(Added
1 So in original. Probably should be "Longshore and".
SUBCHAPTER II—EMPLOYEES OF NONAPPROPRIATED FUND INSTRUMENTALITIES
Subchapter Referred to in Other Sections
This subchapter is referred to in title 10 section 1588.
§8171. Compensation for work injuries; generally
(a) The Longshore and Harbor Workers' Compensation Act (
(1) a United States citizen or a permanent resident of the United States or a territory or possession of the United States employed outside the continental United States; or
(2) employed inside the continental United States.
However, that part of section 3(a) of such Act (
(b) For the purpose of this subchapter, the term "employer" in section 2(4) of the Longshore and Harbor Workers' Compensation Act (
(c) The Secretary of Labor may—
(1) extend compensation districts established under section 39(b) of the Longshore and Harbor Workers' Compensation Act (
(2) assign to each district one or more deputy commissioners as the Secretary considers advisable.
(d) Judicial proceedings under sections 18 and 21 of the Longshore and Harbor Workers' Compensation Act (
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
5 U.S.C. 150k–1(a). | June 19, 1952, ch. 444, §2, July 18, 1958, |
In subsection (a), the word "civilian" is omitted as unnecessary as the definition of "employee" in section 2105 includes only civilians.
In subsection (d), the reference to "the United States District Court for the District of Columbia" is omitted as included in the words "district court".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The Longshore and Harbor Workers' Compensation Act, referred to in subsec. (a), is act Mar. 4, 1927, ch. 509,
Amendments
1996—Subsec. (a).
Subsec. (c)(1).
Subsec. (d).
1994—Subsec. (a).
Subsec. (b).
Subsec. (c)(1).
Subsec. (d).
Section Referred to in Other Sections
This section is referred to in
§8172. Employees not citizens or residents of the United States
In case of disability or death, resulting from injury, as defined by section 2(2) of the Longshore and Harbor Workers' Compensation Act (
(1) not a citizen or permanent resident of the United States or a territory or possession of the United States; and
(2) employed outside the continental United States;
compensation shall be provided in accordance with regulations prescribed by the Secretary of the military department concerned and approved by the Secretary of Defense or regulations prescribed by the Secretary of Transportation, as the case may be.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
5 U.S.C. 150k–1(b). | July 18, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—
1994—
Section Referred to in Other Sections
This section is referred to in
§8173. Liability under this subchapter exclusive
The liability of the United States or of a nonappropriated fund instrumentality described by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
5 U.S.C. 150k–1(c). | July 18, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—
1994—
SUBCHAPTER III—LAW ENFORCEMENT OFFICERS NOT EMPLOYED BY THE UNITED STATES
Subchapter Referred to in Other Sections
This subchapter is referred to in
§8191. Determination of eligibility
The benefits of this subchapter are available as provided in this subchapter to eligible law enforcement officers (referred to in this subchapter as "eligible officers") and their survivors. For the purposes of this subchapter, an eligible officer is any person who is determined by the Secretary of Labor in his discretion to have been on any given occasion—
(1) a law enforcement officer and to have been engaged on that occasion in the apprehension or attempted apprehension of any person—
(A) for the commission of a crime against the United States, or
(B) who at that time was sought by a law enforcement authority of the United States for the commission of a crime against the United States, or
(C) who at that time was sought as a material witness in a criminal proceeding instituted by the United States; or
(2) a law enforcement officer and to have been engaged on that occasion in protecting or guarding a person held for the commission of a crime against the United States or as a material witness in connection with such a crime; or
(3) a law enforcement officer and to have been engaged on that occasion in the lawful prevention of, or lawful attempt to prevent, the commission of a crime against the United States;
and to have been on that occasion not an employee as defined in section 8101(1), and to have sustained on that occasion a personal injury for which the United States would be required under subchapter I of this chapter to pay compensation if he had been on that occasion such an employee engaged in the performance of his duty. No person otherwise eligible to receive a benefit under this subchapter because of the disability or death of an eligible officer shall be barred from the receipt of such benefit because the person apprehended or attempted to be apprehended by such officer was then sought for the commission of a crime against a sovereignty other than the United States.
(Added
Amendments
1968—
Effective Date of 1968 Amendment
Amendment by
Effective Date
Section 2 of
Section Referred to in Other Sections
This section is referred to in
§8192. Benefits
(a)
(b)
(Added
Effective Date
Section effective only with respect to personal injuries sustained on or after Apr. 19, 1968, see section 2 of
§8193. Administration
(a)
(1) The term "Attorney General" includes any person to whom the Attorney General has delegated any function pursuant to subsection (b) of this section.
(2) The term "Secretary of Labor" includes any person to whom the Secretary of Labor has delegated any function pursuant to subsection (b) of this section.
(b)
(1) The Attorney General may delegate to any division, officer, or employee of the Department of Justice any function conferred upon the Attorney General by this subchapter.
(2) The Secretary of Labor may delegate to any bureau, officer, or employee of the Department of Labor any function conferred upon the Secretary of Labor by this subchapter.
(c)
(1) to the Secretary of Labor
(2) by
(A) any eligible officer or survivor of an eligible officer,
(B) any guardian, personal representative, or other person legally authorized to act on behalf of an eligible officer, his estate, or any of his survivors, or
(C) any association of law enforcement officers which is acting on behalf of an eligible officer or any of his survivors;
(3) within five years after the injury or death; and
(4) in such form as the Secretary of Labor may require.
(d)
(e)
(f)
(Added
Amendments
1975—Subsec. (f).
Effective Date
Section effective only with respect to personal injuries sustained on or after Apr. 19, 1968, see section 2 of
CHAPTER 83 —RETIREMENT
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—FORFEITURE OF ANNUITIES AND RETIRED PAY
SUBCHAPTER III—CIVIL SERVICE RETIREMENT
Amendments
1986—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—GENERAL PROVISIONS
§8301. Uniform retirement date
(a) Except as otherwise specifically provided by this title or other statute, retirement authorized by statute is effective on the first day of the month following the month in which retirement would otherwise be effective.
(b) Notwithstanding subsection (a) of this section, the rate of active or retired pay or allowance is computed as of the date retirement would have occurred but for subsection (a) of this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Apr. 23, 1930, ch. 209, §1, |
In subsection (a), the words "Except as otherwise specifically provided by this title or other statute" are added because of the statutes carried into subchapter III of
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in title 10 sections 580, 1164, 1210, 1221, 1263, 1305, 1404, 12731.
SUBCHAPTER II—FORFEITURE OF ANNUITIES AND RETIRED PAY
Subchapter Referred to in Other Sections
This subchapter is referred to in
§8311. Definitions
For the purpose of this subchapter—
(1) "employee" means—
(A) an employee as defined by
(B) a Member of Congress as defined by
(C) a member or former member of a uniformed service; and
(D) an individual employed by the government of the District of Columbia;
(2) "annuity" means a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of
(A) a benefit provided under statutes administered by the Department of Veterans Affairs;
(B) pay or compensation which may not be diminished under section 1 of Article III of the Constitution of the United States;
(C) that portion of a benefit payable under subchapter II of
(D) monthly annuity awarded under
(E) that portion of an annuity awarded under
(F) a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of
(i) was convicted of an offense named by subsection (b) of
(ii) violated
(G) a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of
(i) was convicted of an offense named by subsection (c) of
(ii) violated
(3) "retired pay" means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service, and an annuity payable to an eligible beneficiary of the member or former member under
(A) a benefit provided under statutes administered by the Department of Veterans Affairs;
(B) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before September 1, 1954, to an individual, insofar as the individual, before September 1, 1954—
(i) was convicted of an offense named by subsection (b) of
(ii) violated
(C) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before September 26, 1961, to an individual, insofar as the individual, before September 26, 1961—
(i) was convicted of an offense named by subsection (c) of
(ii) violated
(D) an annuity payable to an eligible beneficiary of an individual under
(i) was convicted of an offense named by
(ii) violated
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
The words "and
In paragraph (1)(A), the words "an employee as defined by
In paragraph (1)(B), the reference to "Resident Commissioner" is omitted as included in "Member of Congress" in view of the definition of "Member of Congress" in section 2106.
In paragraph (1)(C), the words "uniformed service" are coextensive with and substituted for "armed forces, the Coast and Geodetic Survey, or the Public Health Service" in view of the definition of "uniformed services" in section 2101.
In paragraph (3), the words "uniformed service" are coextensive with and substituted for "armed forces, the Coast and Geodetic Survey, and the Public Health Service" in view of the definition of "uniformed services" in section 2101.
The definition of "armed forces" in former section 2281(4) is omitted as unnecessary in view of the definition of "armed forces" in section 2101.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Subchapter II of
Section 5 of the Uniformed Services Contingency Option Act of 1953 (
Amendments
1991—Pars. (2)(A), (3)(A).
Section Referred to in Other Sections
This section is referred to in
§8312. Conviction of certain offenses
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual—
(1) was convicted, before, on, or after September 1, 1954, of an offense named by subsection (b) of this section, to the extent provided by that subsection; or
(2) was convicted, before, on, or after September 26, 1961, of an offense named by subsection (c) of this section, to the extent provided by that subsection.
The prohibition on payment of annuity or retired pay applies—
(A) with respect to the offenses named by subsection (b) of this section, to the period after the date of the conviction or after September 1, 1954, whichever is later; and
(B) with respect to the offenses named by subsection (c) of this section, to the period after the date of conviction or after September 26, 1961, whichever is later.
(b) The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 1, 1954:
(1) An offense within the purview of—
(A) section 792 (harboring or concealing persons), 793 (gathering, transmitting, or losing defense information), 794 (gathering or delivering defense information to aid foreign government), or 798 (disclosure of classified information), of
(B)
(C) section 2381 (treason), 2382 (misprision of treason), 2383 (rebellion or insurrection), 2384 (seditious conspiracy), 2385 (advocating overthrow of government), 2387 (activities affecting armed forces generally), 2388 (activities affecting armed forces during war), 2389 (recruiting for service against United States), or 2390 (enlistment to serve against United States), of
(D) section 10(b)(2), (3), or (4) of the Atomic Energy Act of 1946 (
(E) section 16(a) or (b) of the Atomic Energy Act of 1946 (
(F) an earlier statute on which a statute named by subparagraph (A), (B), or (C) of this paragraph (1) is based.
(2) An offense within the purview of—
(A) article 104 (aiding the enemy), article 106 (spies), or article 106a (espionage) of the Uniform Code of Military Justice (
(B) a current article of the Uniform Code of Military Justice (or an earlier article on which the current article is based) not named by subparagraph (A) of this paragraph (2) on the basis of charges and specifications describing a violation of a statute named by paragraph (1), (3), or (4) of this subsection, if the executed sentence includes death, dishonorable discharge, or dismissal from the service, or if the defendant dies before execution of that sentence as finally approved.
(3) Perjury committed under the statutes of the United States or the District of Columbia—
(A) in falsely denying the commission of an act which constitutes an offense within the purview of—
(i) a statute named by paragraph (1) of this subsection; or
(ii) an article or statute named by paragraph (2) of this subsection insofar as the offense is within the purview of an article or statute named by paragraph (1) or (2) (A) of this subsection;
(B) in falsely testifying before a Federal grand jury, court of the United States, or court-martial with respect to his service as an employee in connection with a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States; or
(C) in falsely testifying before a congressional committee in connection with a matter under inquiry before the congressional committee involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States.
(4) Subornation of perjury committed in connection with the false denial or false testimony of another individual as specified by paragraph (3) of this subsection.
(c) The following are the offenses to which subsection (a) of this section applies if the individual was convicted before, on, or after September 26, 1961:
(1) An offense within the purview of—
(A) section 2272 (violation of specific sections) or 2273 (violation of sections generally of
(B) section 2274 (communication of restricted data), 2275 (receipt of restricted data), or 2276 (tampering with restricted data) of title 42; or
(C) section 783 (conspiracy and communication or receipt of classified information) of title 50 or section 601 of the National Security Act of 1947 (
(2) An offense within the purview of a current article of the Uniform Code of Military Justice (
(3) Perjury committed under the statutes of the United States or the District of Columbia in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by paragraph (1) of this subsection.
(4) Subornation of perjury committed in connection with the false denial of another individual as specified by paragraph (3) of this subsection.
(d)(1) For purposes of subsections (b)(1) and (c)(1), an offense within the meaning of such subsections is established if the Attorney General of the United States certifies to the agency administering the annuity or retired pay concerned—
(A) that an individual subject to this chapter has been convicted by an impartial court of appropriate jurisdiction within a foreign country in circumstances in which the conduct violates the provisions of law enumerated in subsections (b)(1) and (c)(1), or would violate such provisions had such conduct taken place within the United States, and that such conviction is not being appealed or that final action has been taken on such appeal;
(B) that such conviction was obtained in accordance with procedures that provided the defendant due process rights comparable to such rights provided by the United States Constitution, and such conviction was based upon evidence which would have been admissible in the courts of the United States; and
(C) that such conviction occurred after the date of enactment of this subsection.
(2) Any certification made pursuant to this subsection shall be subject to review by the United States Court of Claims based upon the application of the individual concerned, or his or her attorney, alleging that any of the conditions set forth in subparagraphs 1 (A), (B), or (C) of paragraph (1), as certified by the Attorney General, have not been satisfied in his or her particular circumstances. Should the court determine that any of these conditions has not been satisfied in such case, the court shall order any annuity or retirement benefit to which the person concerned is entitled to be restored and shall order that any payments which may have been previously denied or withheld to be paid by the department or agency concerned.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Pars. (2), (3) and (4) of subsec. (b) of section 10 of the Atomic Energy Act of 1946 (
Subsecs. (a) and (b) of section 16 of the Atomic Energy Act of 1946 (
Articles 104, 106, and 106a of the Uniform Code of Military Justice, referred to in subsec. (b)(2)(A), are sections 904, 906, and 906a, respectively, of Title 10, Armed Forces. The Uniform Code of Military Justice, in its entirety, is set out in
The date of enactment of this subsection, referred to in subsec. (d)(1)(C), is the date of enactment of
Amendments
1994—Subsec. (b)(2)(A).
Subsec. (d).
1986—Subsec. (c)(1)(C).
1971—Subsec. (c)(1)(C).
Effective Date of 1994 Amendment
Section 639(b) of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "subparagraph".
§8313. Absence from the United States to avoid prosecution
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual—
(1) is under indictment, or has outstanding against him charges preferred under the Uniform Code of Military Justice—
(A) after July 31, 1956, for an offense named by
(B) after September 26, 1961, for an offense named by
(2) willfully remains outside the United States, or its territories and possessions including the Commonwealth of Puerto Rico, for more than 1 year with knowledge of the indictment or charges, as the case may be.
(b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the end of the 1-year period and continues until—
(1) a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority;
(2) the individual returns and thereafter the indictment or charges is or are dismissed; or
(3) after trial by court or court-martial, the accused is found not guilty of the offense or offenses.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The Uniform Code of Military Justice, referred to in text, is classified to
Suspension of Payment of Retired Pay of Members Who Are Absent From United States To Avoid Prosecution
"(a)
"(b)
"(c)
"(d)
Section Referred to in Other Sections
This section is referred to in
§8314. Refusal to testify
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual, before, on, or after September 1, 1954, refused or refuses, or knowingly and willfully failed or fails, to appear, testify, or produce a book, paper, record, or other document, relating to his service as an employee, before a Federal grand jury, court of the United States, court-martial, or congressional committee, in a proceeding concerning—
(1) his past or present relationship with a foreign government; or
(2) a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the United States.
(b) The prohibition on payment of annuity or retired pay under subsection (a) of this section applies to the period after the date of the failure or refusal of the individual, or after September 1, 1954, whichever is later.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§8315. Falsifying employment applications
(a) An individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in section 8311(2) and (3) of this title, if the individual knowingly and willfully made or makes a false, fictitious, or fraudulent statement or representation, or knowingly and willfully concealed or conceals a material fact—
(1) before, on, or after September 1, 1954, concerning his—
(A) past or present membership in, affiliation or association with, or support of the Communist Party, or a chapter, branch, or subdivision thereof, in or outside the United States, or other organization, party, or group advocating—
(i) the overthrow, by force, violence, or other unconstitutional means, of the Government of the United States;
(ii) the establishment, by force, violence, or other unconstitutional means, of a Communist totalitarian dictatorship in the United States; or
(iii) the right to strike against the United States;
(B) conviction of an offense named by subsection (b) of
(C) failure or refusal to appear, testify, or produce a book, paper, record, or other document, as specified by
(2) before, on, or after September 26, 1961, concerning his conviction of an offense named by subsection (c) of
in a document executed by the individual in connection with his employment in, or application for, a civilian or military office or position in or under the legislative, executive, or judicial branch of the Government of the United States or the government of the District of Columbia.
(b) The prohibition on the payment of annuity or retired pay applies—
(1) with respect to matters specified by subsection (a)(1) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 1, 1954, whichever is later; and
(2) with respect to matters specified by subsection (a)(2) of this section, to the period after the statement, representation, or concealment of fact is made or occurs, or after September 26, 1961, whichever is later.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section Referred to in Other Sections
This section is referred to in
§8316. Refund of contributions and deposits
(a) When payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by
(1) the amount, except employment taxes, contributed by the individual toward the annuity, less the amount previously refunded or paid as annuity benefits; and
(2) deposits made under
shall be refunded, on appropriate application therefor—
(A) to the individual;
(B) if the individual is dead, to the beneficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or
(C) if a beneficiary is not designated, in the order of precedence prescribed by
(b) A refund under subsection (a) of this section shall be made with interest at the rate and for the period provided under the statute, regulation, or agreement under which the annuity would have been payable. However, interest may not be computed—
(1) if the individual was convicted of an offense named by
(2) if the individual was convicted of an offense named by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
||
Sept. 26, 1961, |
This section is reorganized for clarity and conciseness.
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 5 of the Uniform Services Contingency Option Act of 1953 (
Section Referred to in Other Sections
This section is referred to in
§8317. Repayment of annuity or retired pay properly paid; waiver
(a) An individual, or his survivor or beneficiary, to whom payment of annuity is denied under this subchapter is not thereafter required to repay that part of the annuity otherwise properly paid to the individual, or to his survivor or beneficiary on the basis of the service of the individual, which is in excess of the aggregate amount of the contributions of the individual toward the annuity, with applicable interest.
(b) An individual, including an eligible beneficiary under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Sept. 26, 1961, |
|
(b) | Sept. 26, 1961, |
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 5 of the Uniformed Services Contingency Option Act of 1953 (
§8318. Restoration of annuity or retired pay
(a) If an individual who was convicted, before, on, or after September 1, 1954, of—
(1) an offense named by
(2) an offense constituting a violation of
is pardoned by the President, the right of the individual and his survivor or beneficiary to receive annuity or retired pay previously denied under this subchapter is restored as of the date of the pardon.
(b) The President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after September 1, 1954, under
(c) Payment of annuity or retired pay which results from pardon or restoration by the President under subsection (a) or (b) of this section may not be made for a period before—
(1) the date of pardon referred to by subsection (a) of this section; or
(2) the effective date of restoration referred to by subsection (b) of this section.
(d) Credit for a period of service covered by a refund under
(e) The spouse of an individual whose annuity or retired pay is forfeited under section 8312 or 8313 after the date of enactment of this subsection shall be eligible for spousal pension benefits if the Attorney General of the United States determines that the spouse fully cooperated with Federal authorities in the conduct of a criminal investigation and subsequent prosecution of the individual which resulted in such forfeiture.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
The section is reorganized for clarity and conciseness.
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The date of enactment of this subsection, referred to in subsec. (e), is the date of enactment of
Amendments
1996—Subsec. (e).
§8319. Removal of members of the uniformed services from rolls; restoration; reappointment
(a) The President may drop from the rolls a member of a uniformed service who is deprived of retired pay under this subchapter.
(b) The President may restore—
(1) military status to an individual dropped from the rolls to whom retired pay is restored under this subchapter or under section 2 of the Act of September 26, 1961 (
(2) all rights and privileges to the individual and his beneficiaries of which he or they were deprived because his name was dropped from the rolls.
(c) If the individual restored was a commissioned officer, the President alone may reappoint him to the grade and position on the retired list held when his name was dropped from the rolls.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 2 of the Act of September 26, 1961 (
§8320. Offense or violation committed in compliance with orders
When it is established by satisfactory evidence that an individual—
(1) was convicted of an offense named by
(2) violated
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
The reference to conviction of an offense which constitutes a violation of former section 2283 (which is carried into this title as sections 8314 and 8315) is omitted as being covered by the words "violated
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8321. Liability of accountable employees
An accountable employee may not be held responsible for a payment made in violation of this subchapter when the payment made is in due course and without fraud, collusion, or gross negligence.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8322. Effect on other statutes
This subchapter does not restrict authority under a statute, other than this subchapter, to deny or withhold benefits authorized by statute.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 26, 1961, |
The words "and
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Retroactive Restoration of Annuity and Retired Pay; Redeposits of Contributions and Offsets
Section 2 of
"(a) Subject to subsection (b) of this section, any person, including his survivor or beneficiary, to whom annuity or retired pay is not payable under the Act of September 1, 1954 [this subchapter], as in effect at any time prior to the date of enactment of this Act [Sept. 26, 1961], by reason of any conviction of an offense, any commission of a violation, any refusal to answer, or any absence under indictment, or under charges, for any offense, shall be restored the right to receive such annuity or retired pay for any and all periods for which he would have had the right to receive such annuity or retired pay if the Act of September 1, 1954 [this subchapter], had not been enacted, unless, under the amendment made by the first section of this Act [amending former
"(b) No annuity accrued or accruing, prior to, on, or after the date of enactment of this Act [Sept. 26, 1961], on account of the restoration, by reason of the amendment made by the first section of this Act [amending former
SUBCHAPTER III—CIVIL SERVICE RETIREMENT
Subchapter Referred to in Other Sections
This subchapter is referred to in
§8331. Definitions
For the purpose of this subchapter—
(1) "employee" means—
(A) an employee as defined by
(B) the Architect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden;
(C) a Congressional employee as defined by
(D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become subject to this subchapter;
(E) a United States Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last 3 consecutive calendar years ending after December 31, 1954;
(F) an individual employed by a county committee established under
(G) an individual first employed by the government of the District of Columbia before October 1, 1987;
(H) an individual employed by Gallaudet College;
(I) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (
(J) an alien (i) who was previously employed by the Government, (ii) who is employed full time by a foreign government for the purpose of protecting or furthering the interests of the United States during an interruption of diplomatic or consular relations, and (iii) for whose services reimbursement is made to the foreign government by the United States;
(K) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 4 of the Presidential Transition Act of 1963, as amended (
(L) an employee described in section 2105(c) who has made an election under section 8347(q)(1) to remain covered under this subchapter;
but does not include—
(i) a justice or judge of the United States as defined by
(ii) an employee subject to another retirement system for Government employees (besides any employee excluded by clause (x), but including any employee who has made an election under section 8347(q)(2) to remain covered by a retirement system established for employees described in section 2105(c));
(iii) an employee or group of employees in or under an Executive agency excluded by the Office of Personnel Management under
(iv) an individual or group of individuals employed by the government of the District of Columbia excluded by the Office under
(v) an employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or a court named by
(vi) a construction employee or other temporary, part-time, or intermittent employee of the Tennessee Valley Authority;
(vii) an employee under the Office of the Architect of the Capitol excluded by the Architect of the Capitol under
(viii) an employee under the Library of Congress excluded by the Librarian of Congress under
(ix) a student-employee as defined by
(x) an employee subject to the Federal Employees' Retirement System;
(xi) an employee under the Botanic Garden excluded by the Director or Acting Director of the Botanic Garden under
(xii) a member of the Foreign Service (as described in section 103(6) of the Foreign Service Act of 1980), appointed after December 31, 1987.
Notwithstanding this paragraph, the employment of a teacher in the recess period between two school years in a position other than a teaching position in which he served immediately before the recess period does not qualify the individual as an employee for the purpose of this subchapter. For the purpose of the preceding sentence, "teacher" and "teaching position" have the meanings given them by
(2) "Member" means a Member of Congress as defined by
(3) "basic pay" includes—
(A) the amount a Member received from April 1, 1954, to February 28, 1955, as expense allowance under section 601(b) of the Legislative Reorganization Act of 1946 (
(B) additional pay provided by—
(i) subsection (a) of
(ii)
(C) premium pay under
(D) with respect to a law enforcement officer, premium pay under
(E) with respect to a criminal investigator, availability pay under
(F) pay as provided in section 5545b(b)(2) and (c)(2); and
(G) with respect to a customs officer (referred to in subsection (e)(1) of section 5 of the Act of February 13, 1911), compensation for overtime inspectional services provided for under subsection (a) of such section 5, but not to exceed 50 percent of any statutory maximum in overtime pay for customs officers which is in effect for the year involved;
but does not include bonuses, allowances, overtime pay, military pay, pay given in addition to the base pay of the position as fixed by law or regulation except as provided by subparagraphs (B) through (G) of this paragraph 1 retroactive pay under
(4) "average pay" means the largest annual rate resulting from averaging an employee's or Member's rates of basic pay in effect over any 3 consecutive years of creditable service or, in the case of an annuity under subsection (d) or (e)(1) of
(5) "Fund" means the Civil Service Retirement and Disability Fund;
[(6) Repealed.
(7) "Government" means the Government of the United States, the government of the District of Columbia, Gallaudet University, and, in the case of an employee described in paragraph (1)(L), a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c);
(8) "lump-sum credit" means the unrefunded amount consisting of—
(A) retirement deductions made from the basic pay of an employee or Member;
(B) amounts deposited by an employee or Member covering earlier service, including any amounts deposited under
(C) interest on the deductions and deposits at 4 percent a year to December 31, 1947, and 3 percent a year thereafter compounded annually to December 31, 1956, or, in the case of an employee or Member separated or transferred to a position in which he does not continue subject to this subchapter before he has completed 5 years of civilian service, to the date of the separation or transfer;
but does not include interest—
(i) if the service covered thereby aggregates 1 year or less; or
(ii) for the fractional part of a month in the total service;
(9) "annuitant" means a former employee or Member who, on the basis of his service, meets all requirements of this subchapter for title to annuity and files claim therefor;
(10) "survivor" means an individual entitled to annuity under this subchapter based on the service of a deceased employee, Member, or annuitant;
(11) "survivor annuitant" means a survivor who files claim for annuity;
(12) "service" means employment creditable under
(13) "military service" means honorable active service—
(A) in the armed forces;
(B) in the Regular or Reserve Corps of the Public Health Service after June 30, 1960; or
(C) as a commissioned officer of the Environmental Science Services Administration after June 30, 1961;
but does not include service in the National Guard except when ordered to active duty in the service of the United States or full-time National Guard duty (as such term is defined in
(14) "Member service" means service as a Member and includes the period from the date of the beginning of the term for which elected or appointed to the date on which he takes office as a Member;
(15) "price index" means the Consumer Price Index (all items—United States city average) published monthly by the Bureau of Labor Statistics;
(16) "base month" means the month for which the price index showed a percent rise forming the basis for a cost-of-living annuity increase;
(17) "normal cost" means the entry-age normal cost computed by the Office of Personnel Management in accordance with generally accepted actuarial practice and expressed as a level percentage of aggregate basic pay;
(18) "Fund balance" means the sum of—
(A) the investments of the Fund calculated at par value; and
(B) the cash balance of the Fund on the books of the Treasury;
but does not include any amount attributable to—
(i) the Federal Employees' Retirement System; or
(ii) contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of any individual who became subject to the Federal Employees' Retirement System;
(19) "unfunded liability" means the estimated excess of the present value of all benefits payable from the Fund to employees and Members, and former employees and Members, subject to this subchapter, and to their survivors, over the sum of—
(A) the present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this subchapter and of future agency contributions to be made in their behalf; plus
(B) the present value of Government payments to the Fund under
(C) the Fund balance as of the date the unfunded liability is determined;
(20) "law enforcement officer" means an employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, including an employee engaged in this activity who is transferred to a supervisory or administrative position. For the purpose of this paragraph, "detention" includes the duties of—
(A) employees of the Bureau of Prisons and Federal Prison Industries, Incorporated;
(B) employees of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated;
(C) employees in the field service at Army or Navy disciplinary barracks or at confinement and rehabilitation facilities operated by any of the armed forces; and
(D) employees of the Department of Corrections of the District of Columbia, its industries and utilities;
whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniformed Code of Military Justice (
(21) "firefighter" means an employee, the duties of whose position are primarily to perform work directly connected with the control and extinguishment of fires or the maintenance and use of firefighting apparatus and equipment, including an employee engaged in this activity who is transferred to a supervisory or administrative position;
(22) "bankruptcy judge" means an individual—
(A) who is appointed under section 34 of the Bankruptcy Act (
(i) who is serving as a United States bankruptcy judge on March 31, 1984; or
(ii) whose service as a United States bankruptcy judge at any time in the period beginning on October 1, 1979, and ending on July 10, 1984, is terminated by reason of death or disability; or
(B) who is appointed as a bankruptcy judge under
(23) "former spouse" means a former spouse of an individual—
(A) if such individual performed at least 18 months of civilian service covered under this subchapter as an employee or Member, and
(B) if the former spouse was married to such individual for at least 9 months;
(24) "Indian court" means an Indian court as defined by section 201(3) of the Act entitled "An Act to prescribe penalties for certain acts of violence or intimidation, and for other purposes", approved April 11, 1968 (
(25) "magistrate" or "United States magistrate" means an individual appointed under
(26) "Court of Federal Claims judge" means a judge of the United States Court of Federal Claims who is appointed under
(27) "Nuclear materials courier"—
(A) means an employee of the Department of Energy, the duties of whose position are primarily to transport, and provide armed escort and protection during transit of, nuclear weapons, nuclear weapon components, strategic quantities of special nuclear materials or other materials related to national security; and
(B) includes an employee who is transferred directly to a supervisory or administrative position within the same Department of Energy organization, after performing duties referred to in subparagraph (A) for at least 3 years.
(
In paragraph (1), the specific exception of the President, appearing in former section 2252(b), is omitted as unnecessary because he is not included in the definition of "employee".
In paragraph (1)(B), the definition of "Congressional employee" in former section 2251(c) is omitted as unnecessary in view of the definition of the term in section 2107.
In paragraph (1)(E), the words "Notwithstanding any other provision of law or any Executive order" are omitted as unnecessary.
In paragraph (1)(i), the words "justice or" are added on authority of
Paragraph (1)(iii) and (iv) is based on former section 2252(e), which is carried into section 8347(g) and (h).
Paragraph (1)(vii) and (viii) is based on former section 2252(f), which is carried in part into section 8347(i) and (j).
In paragraph (1), the last sentence is added on authority of former section 2351, which is scheduled for transfer to
In paragraph (3), the words "or lump-sum leave payments under subchapter VI of
In paragraph (4)(B), references to
In paragraph (5), the words "the Civil Service Retirement and Disability Fund" are substituted for "the civil service retirement and disability fund created by the Act of May 22, 1920".
In paragraph (7), the words "Government of the United States" are coextensive with and substituted for "the executive, judicial, and legislative branches of the United States Government, including Government-owned or controlled corporation".
In paragraph (13), the words "armed forces" are coextensive with and substituted for "Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States" in view of the definition of "armed forces" in section 2101.
The definition of "Commission" in former section 2251(m) is omitted as unnecessary as the title "Civil Service Commission" is fully set out the first time it is used in each section.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8331(1)(B), (C) | 5 App.: 2252(c). | Sept. 26, 1966, |
8331(3)(B) (ii) | 5 App.: 932h(c). | Oct. 29, 1965, |
5 App.: 932i(c). | July 18, 1966, |
|
8331(13) | [No source]. | [No source]. |
8331(15), (16) | 5 App.: 2251(t). | Sept. 27, 1965, |
In paragraphs (1)(C), (D) and (2), the words "become subject to" are substituted for "come within the purview of" for consistency within the subchapter.
In paragraph (3)(B)(ii), references to
In paragraph (8)(C), the words "in which he does not continue subject to" are substituted for "not within the purview of" for consistency within the subchapter and to reflect that it is the individual, rather than the position, that is subject to this subchapter.
The amendment to paragraph (13) reflects Reorganization Plan No. 2 of 1965 (
References in Text
Section 1(b) of the act of August 25, 1958 (
Section 4 of the Presidential Transition Act of 1963, referred to in par. (1)(K), is section 4 of
Section 103(6) of the Foreign Service Act of 1980, referred to in par. (1)(xii), is classified to
Section 601(b) of the Legislative Reorganization Act of 1946 (
Section 5 of the Act of February 13, 1911, referred to in par. (3)(G), is classified to
The Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, referred to in par. (18)(ii), is
The Bankruptcy Act, referred to in par. (22)(A), is act July 1, 1898, ch. 541,
Section 404(d) of the Act of November 6, 1978, referred to in par. (22)(A), is section 404(d) of
Section 167 of the Federal Courts Improvement Act of 1982, referred to in par. (26), is section 167 of
Amendments
1998—Par. (3).
Par. (27).
1994—Par. (13).
1993—Par. (3).
1992—Par. (1)(L).
Par. (1)(ii).
Par. (7).
Par. (26).
1990—Par. (1)(L).
Par. (1)(ii).
Par. (1)(v).
Par. (7).
Par. (26).
1988—Par. (1)(K).
Par. (1)(xii).
Par. (18).
"(i) the Federal Employees' Retirement System; or
"(ii) contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of any individual who became subject to the Federal Employees' Retirement System;".
1987—Par. (22).
"(A) who is serving as a United States bankruptcy judge on March 31, 1984;
"(B) whose service as United States bankruptcy judge at any time in the period beginning on October 1, 1979, and ending on July 10, 1984, is terminated by reason of death or disability; or
"(C) who is appointed as a bankruptcy judge under
Par. (25).
1986—Par. (1)(G).
Par. (1)(ii).
Par. (1)(x).
Par. (1)(xi).
Par. (2).
1984—Par. (22).
Par. (22)(A).
Par. (22)(B).
Par. (22)(C).
Pars. (23), (24).
1982—Par. (8)(B).
1980—Par. (6).
1979—Par. (2).
Par. (19)(C).
1978—Pars. (1), (17), (20).
Par. (22).
1975—Par. (4).
1974—Par. (3).
Pars. (20), (21).
1972—Par. (1)(J).
1969—Par. (4)(A).
Pars. (17) to (19).
1968—Par. (3)(B)(ii).
1966—Par. (3).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Gallaudet College, referred to in par. (1)(H), redesignated Gallaudet University by section 101(a) of
Commissioned Officer Corps of Environmental Science Services Administration, referred to in par. (13)(C), changed to Commissioned Officer Corps of National Oceanic and Atmospheric Administration, see 1970 Reorg. Plan No. 4, §4(d), eff. Oct. 3, 1970, 35 F.R. 15627,
Effective Date of 1998 Amendments
Amendment by
"(m)
"(1) September 30, 1998; or
"(2) the date of the enactment of this Act [Oct. 17, 1998].
"(n)
"(A) October 1, 1998; or
"(B) the date of the enactment of this Act.
"(2)(A) The amendments made by subsection (a) [amending
"(B) The amendments made by subsections (d) and (k) [amending
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Section 13812(c)(1) of
Effective Date of 1992 Amendments
Amendment by
Amendment by section 2(57)(A) of
Effective Date of 1990 Amendments
Section 306(f) of
Amendment by
Effective Date of 1987 Amendment
Section 3 of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendments
Amendment by
Section 3 of
"(a) Except as provided in subsection (b), this Act and the amendments made by this Act [renumbering a provision set out as a note under
"(b) The amendments made by section 2 [amending this section and
Amendment by
Section 116(e) of
Effective Date of 1982 Amendment
Section 306(g) of
Effective Date of 1980 Amendment
Section 403(c) of
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Effective Date of 1974 Amendment
Amendment by section 2(a) of
Effective Date of 1972 Amendment
Section 105(b) of
Effective Date of 1969 Amendment
Section 207(a) of
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1966 Amendment
Amendment by
Short Title of 1994 Amendment
Short Title of 1990 Amendment
Short Title of 1987 Amendment
Section 1 of
Short Title of 1986 Amendment
Short Title of 1984 Amendment
Section 1 of
Short Title of 1969 Amendment
Section 1 of
Savings Provision
Section 105(c) of
Federal Employees' Retirement System Open Enrollment Act of 1997
"(a) This section may be cited as the 'Federal Employees' Retirement System Open Enrollment Act of 1997'.
"(b) Any individual who, as of January 1, 1998, is employed by the Federal Government, and on such date is subject to subchapter III of
"(c) The Office of Personnel Management shall promulgate regulations to carry out the provisions of this section. Such regulations shall—
"(1) provide for an election under subsection (b) to be made not before July 1, 1998, or after December 31, 1998;
"(2) provide notice and information to individuals who may make such an election, including information on a comparison of benefits an individual would receive from coverage under
"(3) provide for treatment of such an election similar to the applicable provisions of title III of the Federal Employees' Retirement System Act of 1986 (
[Section 642(a)–(c) of
Pilot Programs for Defense Employees Converted to Contractor Employees Due to Privatization at Closed Military Installations
"(a)
"(2) The Secretary of Defense shall select the military installations to be covered by a pilot program under this section.
"(b)
"(A) while employed by the Department of Defense at a military installation selected to participate in a pilot program, performed a function that was recommended, in a report of the Defense Base Closure and Realignment Commission submitted to the President under the Defense Base Closure and Realignment Act of 1990 ([part A of] title XXIX of
"(B) while so employed, separated from Federal service after being notified that the employee would be separated in a reduction in force resulting from such privatization;
"(C) at the time separated from Federal service, was covered under the Civil Service Retirement System, but was not eligible for an immediate annuity under the Civil Service Retirement System;
"(D) does not withdraw retirement contributions under
"(E) within 60 days following such separation, is employed by the defense contractor selected to privatize the function to perform substantially the same function performed by the person before the separation; and
"(F) remains employed by the defense contractor (or a successor defense contractor) or subcontractor of the defense contractor (or successor defense contractor) until attaining early deferred retirement age (unless the employment is sooner involuntarily terminated for reasons other than performance or conduct of the employee).
"(2) A person who, under paragraph (1), would otherwise be eligible for an early deferred annuity under this section shall not be eligible for such benefits if the person received separation pay or severance pay due to a separation described in subparagraph (B) of that paragraph unless the person repays the full amount of such pay with interest (computed at a rate determined appropriate by the Director of the Office of Personnel Management) to the Department of Defense before attaining early deferred retirement age.
"(c)
"(d)
"(B) Subject to subparagraph (C), for purposes of computing the deferred annuity for a converted employee referred to in subparagraph (A), the average pay of the converted employee, computed under
"(C) The average pay of a converted employee, as adjusted under subparagraph (B), may not exceed the amount to which an annuity of the converted employee could be increased under
"(2)(A) This paragraph applies to a converted employee who was a prevailing rate employee (as defined under section 5342(2) [5342(a)(2)] of
"(B) For purposes of computing the deferred annuity for a converted employee referred to in subparagraph (A), the average pay of the converted employee, computed under
"(e)
"(A) an increase in the average pay of the converted employee under subsection (d) upon which such benefits are computed; and
"(B) the commencement of an early deferred annuity in accordance with this section before the attainment of 62 years of age by the converted employee.
"(2) The estimated increase in the unfunded liability for each department referred to in paragraph (1) shall be determined by the Director of the Office of Personnel Management. In making the determination, the Director shall consider any savings to the Fund as a result of a pilot program established under this section. The Secretary of the military department concerned shall pay the amount so determined to the Director in 10 equal annual installments with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System, with the first payment thereof due at the end of the fiscal year in which an increase in average pay under subsection (d) becomes effective.
"(f)
"(g)
"(h)
"(i)
"(j)
"(1) A review and evaluation of the program, including—
"(A) an evaluation of the success of the privatization outcomes of the program;
"(B) a comparison and evaluation of such privatization outcomes with the privatization outcomes with respect to facilities at other military installations closed or realigned under the base closure laws;
"(C) an evaluation of the impact of the program on the Federal workforce and whether the program results in the maintenance of a skilled workforce for defense contractors at an acceptable cost to the military department concerned; and
"(D) an assessment of the extent to which the program is a cost-effective means of facilitating privatization of the performance of Federal activities.
"(2) Recommendations relating to the expansion of the program to other installations and employees.
"(3) Any other recommendation relating to the program.
"(k)
"(l)
"(1) The term 'converted employee' means a person who, pursuant to subsection (b), is eligible for benefits under this section.
"(2) The term 'covered separation from Federal service' means a separation from Federal service as described under subsection (b)(1)(B).
"(3) The term 'Civil Service Retirement System' means the retirement system under subchapter III of
"(4) The term 'defense contractor' means any entity that—
"(A) contracts with the Department of Defense to perform a function previously performed by Department of Defense employees;
"(B) performs that function at the same installation at which such function was previously performed by Department of Defense employees or in the vicinity of that installation; and
"(C) is the employer of one or more converted employees.
"(5) The term 'early deferred retirement age' means the first age at which a converted employee would have been eligible for immediate retirement under subsection (a) or (b) of
"(6) The term 'severance pay' means severance pay payable under
"(7) The term 'separation pay' means separation pay payable under
"(m)
Additional Agency Contributions to Retirement Fund
"(a)
"(1)
"(A) who, on or after the date of the enactment of this Act [Mar. 30, 1994] retires under section 8336(d)(2) of such title; and
"(B) to whom a voluntary separation incentive payment has been or is to be paid by such agency based on that retirement.
"(2)
"(A) the term 'final basic pay', with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor; and
"(B) the term 'voluntary separation incentive payment' means—
"(i) a voluntary separation incentive payment under section 3 [
"(ii) any separation pay under
"(b)
"(1)
"(A) the number of employees of such agency who, as of March 31st of such fiscal year, are subject to subchapter III of
"(B) $80.
"(2)
"(c)
Coordination With Pay Periods
Continued Coverage Under Certain Federal Employee Benefit Programs for Certain Employees of Saint Elizabeths Hospital
[Section 109(b) of
Election of Coverage Under Chapter 84
Sections 301–303 of
"SEC. 301. ELECTIONS.
"(a)
"(B) An election under this paragraph may not be made before July 1, 1987, or after December 31, 1987.
"(2)(A) Any individual who, after June 30, 1987, becomes reemployed by the Federal Government, and who is then subject to subchapter III of
"(B) An election under this paragraph shall not be effective unless it is made during the six-month period beginning on the date on which reemployment commences.
"(3)(A) Except as provided in subparagraph (B), any individual—
"(i) who is excluded from the operation of subchapter III of
"(ii) with respect to whom
shall, for purposes of an election under paragraph (1) or (2), be treated as if such individual were subject to subchapter III of
"(B) An election under this paragraph may not be made by any individual who would be excluded from the operation of
"(4) A member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980 [
"(b)
"(1) If, as of December 31, 1986, the individual is subject to subchapter III of
"(A) to become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter; or
"(B) to become subject to
An individual eligible to make an election under this paragraph may make the election described in subparagraph (A) or (B), but not both.
"(2) If, as of December 31, 1986, the individual is subject to subchapter III of
"(A) shall, as of January 1, 1987, become subject to such subchapter under the same terms and conditions as apply in the case of an individual described in section 8402(b)(2) of such title who is subject to such subchapter; and
"(B) may (during the six-month period described in subsection (a)(1)(B)) elect to become subject to
"(3)(A) If, as of December 31, 1986, the individual is not subject to subchapter III of
"(i) elect to become subject to
"(ii) if such individual has not since made an election described in subparagraph (B), elect to become subject to subchapter III of
"(B) Nothing in this paragraph shall be considered to preclude the individual from electing to become subject to subchapter III of
"(i) during the period after December 31, 1986, and before July 1, 1987; or
"(ii) after December 31, 1987, if such individual has not since become subject to subchapter III of
"(C) Any individual who becomes subject to subchapter III of
"(c)
"(1) shall take effect beginning with the first pay period beginning after the date of the election; and
"(2) shall be irrevocable.
"(d)
"(2)(A) This subsection applies with respect to a former spouse who (based on the service of the individual involved) is entitled to benefits under
"(B) This subsection does not apply with respect to a former spouse who has ceased to be so entitled as a result of remarrying before age 55.
"(3) The requirement under paragraph (1) shall be considered satisfied with respect to a former spouse if the individual seeking to make the election establishes to the satisfaction of the Office (in accordance with regulations prescribed by the Office)—
"(A) that the former spouse's whereabouts cannot be determined; or
"(B) that, due to exceptional circumstances, requiring the individual to seek the former spouse's consent would otherwise be inappropriate.
"(4)(A) The Office shall, upon application of an individual, grant an extension for such individual to make an election referred to in paragraph (1) if such individual—
"(i) files application for extension before the end of the period during which such individual would otherwise be eligible to make such election; and
"(ii) demonstrates to the satisfaction of the Office that the extension is needed to secure the modification of a decree of divorce or annulment (or a court order or court-approved property settlement incident to any such decree) in order to satisfy the consent requirement under paragraph (1).
"(B) An extension under this paragraph shall be for 6 months or for such longer period as the Office considers appropriate.
"(e)
"SEC. 302. EFFECT OF AN ELECTION UNDER SECTION 301 TO BECOME SUBJECT TO THE FEDERAL EMPLOYEES' RETIREMENT SYSTEM.
"(a)
"(1)(A) Any civilian service which is performed before the effective date of the election under section 301 shall not be creditable under
"(B) Any service described in subparagraph (A) which is covered service within the meaning of section 203(a)(3) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (
"(i) with respect to any such service performed before January 1, 1987, 1.3 percent of basic pay for such service was withheld in accordance with such Act or, if either such withholding was not made or was made, but the amount so withheld was subsequently refunded, 1.3 percent of basic pay for such period is deposited to the credit of the Civil Service Retirement and Disability Fund (hereinafter in this section referred to as the 'Fund'), with interest (computed under section 8334(e) of such title); and
"(ii) with respect to any such service performed after December 31, 1986, and before the effective date of the election, an amount equal to the percentage of basic pay for such service which would be required to be withheld under
"(C) Any service described in subparagraph (A)—
"(i) which is not covered service;
"(ii) which constitutes service of a type described in
"(iii) which, in the aggregate, is equal to less than 5 years;
shall be creditable under
"(D) Any service described in subparagraph (A)—
"(i) which is not covered service;
"(ii) which constitutes service of a type described in
"(iii) which, in the aggregate, is equal to 5 years or more;
shall be creditable for purposes of—
"(I) section 8410 of such title, relating to the minimum period of civilian service required to be eligible for an annuity;
"(II) any provision of section 8412 (other than subsection (d) or (e) thereof), 8413, 8414, 8442(b)(1), 8443(a)(1), or 8451 of such title which relates to a minimum period of service for entitlement to an annuity;
"(III) the provisions of paragraphs (4) and (6);
"(IV) any provision of section 8412(d) of such title which relates to a minimum period of service for entitlement to an annuity, but only if and to the extent that the service described in subparagraph (A) was as a law enforcement officer or firefighter;
"(V) any provision of section 8412(e) of such title which relates to a minimum period of service for entitlement to an annuity, but only if and to the extent that the service described in subparagraph (A) was as an air traffic controller; and
"(VI) the provision of subsection (g) of section 8415 which relates to the minimum period of service required to qualify for the higher accrual rate under such subsection.
"(2)(A) Except as provided in subparagraph (B), the creditability under
"(B) If the electing individual has performed service described in clauses (i) through (iii) of paragraph (1)(D), service described in subparagraph (A) which, but for the provisions of subsection (b), would be creditable under subchapter III of
"(i) any provision of section 8412 (other than subsection (d) or (e) thereof), 8413, or 8414 of such title which relates to a minimum period of service for entitlement to an annuity; and
"(ii) the provisions of paragraph (4).
"(3)(A)(i) If the electing individual becomes entitled to an annuity under subchapter II of
"(ii) An annuity computed under this subparagraph shall be deemed to be the individual's annuity computed under
"(B) If the electing individual becomes entitled to an annuity under subchapter V of
"(4) Accrued benefits under this paragraph shall be computed in accordance with applicable provisions of subchapter III of
"(5) Accrued benefits under this paragraph shall be computed under
"(A) total service creditable under
"(B) with respect to service performed before such effective date—
"(i) creditable civilian service (as determined under applicable provisions of this subsection) other than any service described in paragraph (1)(D); and
"(ii) creditable military service (as determined under applicable provisions of this subsection) other than any service described in paragraph (2)(B).
"(6)(A) For purposes of any computation under paragraph (4) or (5), the average pay to be used shall be the largest annual rate resulting from averaging the individual's rates of basic pay in effect over any 3 consecutive years of creditable service or, in the case of an annuity based on service of less than 3 years, over the total period of service so creditable, with each rate weighted by the period it was in effect.
"(B) For purposes of subparagraph (A), service shall be considered creditable if it would be considered creditable for purposes of determining average pay under
"(7) The cost-of-living adjustments for the annuity of the electing individual shall be made as follows:
"(A) The portion of the annuity attributable to paragraph (4) shall be adjusted at the time and in the amount provided for under
"(B) The portion of the annuity attributable to paragraph (5) shall be adjusted at the time and in the amount provided for under
"(8) For purposes of any computation under paragraph (4) in the case of an individual who retires under
"(9) In computing the annuity under paragraph (3) for an individual retiring under
"(10) An annuity supplement under
"(11) Effective from its commencing date, an annuity payable to an annuitant's survivor (other than a child under
"(12)(A)(i) If the electing individual is a reemployed annuitant under
"(ii) Notwithstanding any provision of section 301, an election under such section shall not be available to any reemployed annuitant who would be excluded from the operation of
"(B) If the annuitant serves on a full-time basis for at least 1 year, or on a part-time basis for periods equivalent to at least 1 year of full-time service, such annuitant's annuity, on termination of reemployment, shall be increased by an annuity computed—
"(i) with respect to reemployment service before the effective date of the election, under section 8339(a), (b), (d), (e), (h), (i), and (n) of
"(ii) with respect to reemployment service on or after the effective date of the election, under section 8415(a) through (f) of such title, as may apply based on the reemployment in which such annuitant was engaged on or after such effective date;
with the 'average pay' used in any computation under clause (i) or (ii) being determined (based on rates of pay in effect during the period of reemployment, whether before, on, or after the effective date of the election) in the same way as provided for in paragraph (6). If the annuitant is receiving a reduced annuity as provided in section 8339(j) or
"(C)(i) If the annuitant serves on a full-time basis for at least 5 years, or on a part-time basis for periods equivalent to at least 5 years of full-time service, such annuitant may elect, instead of the benefit provided by subparagraph (B), to have such annuitant's rights redetermined, effective upon separation from employment. If the annuitant so elects, the redetermined annuity will become payable as if such annuitant were retiring for the first time based on the separation from reemployment service, and the provisions of this section concerning computation of annuity (other than any provision of this paragraph) shall apply.
"(ii) If the annuitant dies while still reemployed, after having been reemployed for at least 5 full years (or the equivalent thereof, in the case of part-time employment), any person entitled to a survivor annuity under
"(D) If the annuitant serves on a full-time basis for less than 1 year (or the equivalent thereof, in the case of part-time employment), any amounts withheld under
"(E) For purposes of determining the period of an annuitant's reemployment service under this paragraph, a period of reemployment service shall not be taken into account unless—
"(i) with respect to service performed before the effective date of the election under section 301, it is service which, if performed for at least 1 full year, would have allowed such annuitant to elect under
"(ii) with respect to service performed on or after the effective date of the election under section 301, it is service with respect to which deductions from pay would be required to be withheld under the second sentence of
"(b)
"(2)(A) Nothing in paragraph (1), or in subchapter III of
"(B) Nothing in paragraph (1) shall preclude the payment of any lump-sum credit in accordance with
"(c)
"(A) for a period of service under clause (i) of subsection (a)(1)(B), the amount by which—
"(i) the amount contributed with respect to such period, exceeds
"(ii) the amount required under such clause (i) with respect to such period;
"(B) for a period of service under clause (ii) of subsection (a)(1)(B), the amount by which—
"(i) the amount so contributed with respect to such period, exceeds
"(ii) the amount required under such clause (ii) with respect to such period; and
"(C) for a period of service under subparagraph (C) of subsection (a)(1), the amount by which—
"(i) the amount so contributed with respect to such period, exceeds
"(ii) the amount required under such subparagraph with respect to such period.
"(2) In accordance with regulations prescribed by the Office of Personnel Management, a refund under this subsection shall be payable upon written application therefor filed with the Office and shall include interest at the rate provided in
"SEC. 303. PROVISIONS RELATING TO AN ELECTION TO BECOME SUBJECT TO CHAPTER 83 SUBJECT TO CERTAIN OFFSETS RELATING TO SOCIAL SECURITY.
"(a)
"(1) for the period beginning on January 1, 1984, and ending on December 31, 1986, the amount by which—
"(A) the total amount deducted from such individual's basic pay under
"(B) 1.3 percent of such individual's total basic pay for such period; and
"(2) for the period beginning on January 1, 1987, and ending on the day before the effective date of the election, the amount by which—
"(A) the total amount deducted from such individual's basic pay under such section 8334(a)(1) for such period, exceeds
"(B) the total amount which would have been deducted if such individual's basic pay had instead been subject to section 8334(k) of such title during such period.
A refund under this subsection shall be computed with interest in accordance with section 302(c)(2) and regulations prescribed by the Office of Personnel Management.
"(b)
"(A) for any service during the period beginning on January 1, 1987, and ending on the day before such effective date, there is deposited to the credit of the Fund a percentage of basic pay for such period equal to the percentage which would have applied under section 8334(k) of such title if such individual's pay had been subject to such section during such period;
"(B) for any period of service beginning on January 1, 1984, and ending on December 31, 1986, there is deposited to the credit of the Fund an amount equal to 1.3 percent of basic pay for such period; and
"(C) for any period of service before January 1, 1984, there is deposited to the credit of the Fund any amount required with respect to such period under such subchapter.
"(2) A deposit under this subsection may be made by the individual or, for purposes of survivor annuities, a survivor of such individual."
[Section 113(a)(2) of
[Amendment by section 134(b) of
Construction of Adjustments in Retirement Provisions Made by Pub. L. 98–353
Section 117 of
Election of Retirement Plan Under Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983
"(a) For the purposes of this section, the term 'covered retirement system' shall have the same meaning as provided in section 203(a)(2) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (
"(b)(1) Any individual who was entitled to make an election under section 208(a) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (
"(2)(A) Not later than September 15, 1984, any such individual who made an election under paragraph (1) of section 208(a) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 [set out below] may—
"(i) make any other election which such individual was entitled to make under such section before January 1, 1984; or
"(ii) elect to become a participant in a covered retirement system (if such individual is otherwise eligible to participate in such system), subject to sections 201 through 207 of such Act [set out below].
"(B) Not later than September 15, 1984, any such individual who made an election under paragraph (2) of section 208(a) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 may—
"(i) make any other election which such individual was entitled to make under such section before January 1, 1984; or
"(ii) elect to terminate participation in the covered retirement system with respect to which such individual made the election under such paragraph (2).
"(3) An election under this subsection shall be made by a written application submitted to the official by whom the electing individual is paid.
"(4) An election made as provided in this subsection shall take effect with respect to service performed on or after the first day of the first applicable pay period commencing after September 15, 1984.
"(c)(1)
"(2) Paragraph (1) shall take effect with respect to any election made under section 208(a) of such Act or this Act before, on, or after January 1, 1984.
"(d) Nothing in this section or the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 [set out below] affects any entitlement to benefits accrued under a covered retirement system before January 1, 1984, except to the extent that any amount refunded under section 208(c) of such Act is not redeposited in the applicable retirement fund."
Federal Employees' Retirement Contribution Temporary Adjustment
"short title
"statement of policy
"(1) that the amount required to be contributed to certain public retirement systems by employees and officers of the Government who are also required to pay employment taxes relating to benefits under title II of the Social Security Act [
"(2) that the Treasury be required to pay into such retirement systems the remainder of the amount such employees and officers would have contributed during such period but for the temporary modification;
"(3) that the employing agencies make contributions to the retirement systems with respect to such service in amounts required by law in effect before January 1, 1984, without reduction in such amounts;
"(4) that such employees and officers accrue credit for service for the purposes of the public retirement systems in effect on the date of enactment of this Act [Nov. 29, 1983] until a new Government retirement system covering such employees and officers is established;
"(5) that, where appropriate, deposits to the credit of such a retirement system be required with respect to service performed by an employee or officer of the Government during the period described in clause (1), and, where appropriate, annuities be offset by the amount of certain social security benefits attributable to such service; and
"(6) that such employees and officers who are first employed in civilian service by the Government or first take office in civilian service in the Government on or after January 1, 1984, become subject to such new Government retirement system as may be established for employees and officers of the Government on or after January 1, 1984, and before January 1, 1987, with credit for service performed after December 31, 1983, by such employees and officers transferred to such new Government retirement system.
"definitions
"(1) the term 'covered employee' means any individual whose service is covered service;
"(2) the term 'covered retirement system' means—
"(A) the Civil Service Retirement and Disability System under subchapter III of
"(B) the Foreign Service Retirement and Disability System under
"(C) the Central Intelligence Agency Retirement and Disability System under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (
"(D) any other retirement system (other than a new Government retirement system) under which a covered employee who is a participant in the system is required to make contributions to the system in an amount equal to a portion of the participant's basic pay for covered service, as determined by the President;
"(3) the term 'covered service' means service which is employment for the purposes of title II of the Social Security Act [
"(4) the term 'new Government retirement system' means any retirement system which (A) is established for officers or employees of the Government by or pursuant to a law enacted after December 31, 1983, and before January 1, 1987, and (B) takes effect on or before January 1, 1987.
"(b) The President shall publish the determinations made for the purpose of subsection (a)(2)(D) in an Executive order.
"contribution adjustments
"(1)
"(2) section 805 of the Foreign Service Act of 1980 (
"(3) section 211 of the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (
"(4) any provision of any other covered retirement system which requires a participant in the system to make contributions of a portion of the basic pay of the participant;
for covered service which is performed after December 31, 1983, and before the earlier of the effective date of a new Government retirement system or January 1, 1987. Deductions shall be made and withheld as provided by such provisions in the case of covered service which is performed on or after such effective date or January 1, 1987, as the case may be, and is not subject to a new Government retirement system.
"(b) Employing agencies of the Government shall make contributions with respect to service to which subsection (a) of this section applies under the second sentence of
"reimbursement for contribution deficiency
"(1) the term 'contribution deficiency', when used with respect to a covered retirement system, means the excess of—
"(A) the total amount which, but for section 204(a) of this Act, would have been deducted and withheld under a provision referred to in such section from the pay of covered employees participating in such retirement system for service to which such section applies, over
"(B) the total amount which was deducted and withheld from the pay of covered employees for such service as provided in section 204(a) of this Act; and
"(2) the term 'appropriate agency head' means—
"(A) the Director of the Office of Personnel Management, with respect to the Civil Service Retirement and Disability System under subchapter III of
"(B) the Secretary of State, with respect to the Foreign Service Retirement and Disability System under
"(C) the Director of Central Intelligence, with respect to the Central Intelligence Agency Retirement and Disability System under the Central Intelligence Agency Retirement Act of 1964 for Certain Employees (
"(D) the officer designated by the President for that purpose in the case of any retirement system described in section 203(a)(2)(D) of this Act.
"(b) At the end of each of fiscal years 1984, 1985, 1986, and 1987, the appropriate agency head—
"(1) shall determine the amount of the contribution deficiency for such fiscal year in the case of each covered retirement system, including the interest that those contributions would have earned had they been credited to the fund established for the payment of benefits under such retirement system in the same manner and at the same time as deductions under the applicable provision of law referred to in section 204(a) of this Act; and
"(2) shall notify the Secretary of the Treasury of the amount of the contribution deficiency in each such case.
"(c) Before closing the accounts for each of fiscal years 1984, 1985, 1986, and 1987, the Secretary of the Treasury shall credit to the fund established for the payment of benefits under each covered retirement system, as a Government contribution, out of any money in the Treasury not otherwise appropriated, an amount equal to the amount determined under subsection (b) with respect to that covered retirement system for the fiscal year involved.
"(d) Amounts credited to a fund under subsection (c) shall be accounted for separately than amounts credited to such fund under any other provision of law.
"special deposit and offset rules relating to retirement benefits for interim covered service
"(b)(1) Paragraphs (2) and (3) apply according to the provisions thereof only with respect to a covered employee who is employed by the Government on December 31, 1983.
"(2)(A) Notwithstanding any other provision of law, the interim covered service of such covered employee shall be considered—
"(i) in determining entitlement to and computing the amount of an annuity (other than a disability or survivor annuity) commencing under a covered retirement system during the period beginning January 1, 1984, and ending on the earlier of the date a new Government retirement system takes effect or January 1, 1987, by reason of the retirement of such covered employee during such period only if such covered employee makes a deposit to the credit of such covered retirement system for such covered service in an amount computed as provided in subsection (f); and
"(ii) in computing a disability or survivor annuity which commences under a covered retirement system during such period and is based in any part on such interim covered service.
"(B) Notwithstanding any other provision of law, an annuity to which subparagraph (A)(ii) applies shall be reduced by the portion of the amount of any benefits which is payable under title II of the Social Security Act [
"(3) Notwithstanding any other provision of law, if a new Government retirement system is not established or is inapplicable to such a covered employee who retires or dies subject to a covered retirement system after the date on which such new Government retirement system takes effect, the interim covered service of such covered employee shall be considered in determining entitlement to and computing the amount of an annuity under a covered retirement system based on the service of such covered employee only if such covered employee makes a deposit to the credit of such covered retirement system for such covered service in an amount computed as provided in subsection (f).
"(c)(1) Paragraphs (2) and (3) apply according to the provisions thereof only with respect to a covered employee who was not employed by the Government on December 31, 1983.
"(2) Notwithstanding any other provision of law, any annuity which commences under a covered retirement system during the period described in subsection (b)(2)(A)(i) and is based, in any part, on interim covered service shall be reduced by the portion of the amount of any benefits which is payable under title II of the Social Security Act [
"(3) Notwithstanding any other provision of law, if a new Government retirement system is not established, the interim covered service of such a covered employee who retires or dies after January 1, 1987, shall be considered in determining entitlement to and computing the amount of an annuity under a covered retirement system based on the service of such covered employee only if such covered employee makes a deposit to the credit of such covered retirement system for such covered service in an amount computed as provided in subsection (f).
"(d) If a covered employee with respect to whom subsection (b)(3) or (c)(3) applies dies without having made a deposit pursuant to such subsection, any individual who is entitled to an annuity under a covered retirement system based on the service of such covered employee or who would be entitled to such an annuity if such deposit had been made by the covered employee before death may make such deposit after the date of death of such covered employee. Service covered by a deposit made pursuant to the first sentence shall be considered in determining, in the case of each individual to whom the first sentence applies, the entitlement to and the amount of an annuity under a covered retirement system based on the service of such covered employee.
"(e) A reduction in annuity under subsection (b)(2)(B) or (c)(2) shall commence on the first day of the first month after the date on which payment of benefits under title II of the Social Security Act [
"(f) For the purposes of subsection (b) or (c), the amount of a deposit to the credit of the applicable covered retirement system shall be equal to the excess of—
"(1) the total amount which would have been deducted and withheld from the basic pay of the covered employee for the interim covered service under such covered retirement system but for the application of section 204(a), over
"(2) the amount which was deducted and withheld from such basic pay for such interim covered service pursuant to section 204(a) and was not refunded to such covered employee.
"(g) For the purpose of subsections (b)(2)(B) and (c)(2), the portion of the amount of the benefits which is payable under title II of the Social Security Act [
"(1) computing the amount of such benefits including credit for such service;
"(2) computing the amount of such benefits, if any, without including credit for such service; and
"(3) subtracting the amount computed under clause (2) from the amount computed under clause (1).
"(h) The Secretary of Health and Human Services shall furnish to the appropriate agency head (as defined in section 205(a)(2)) such information as such agency head considers necessary to carry out this section.
"transfer of credit to new retirement system
"(1) if such individual is then currently a participant in a covered retirement system, elect by written application submitted before January 1, 1984—
"(A) to terminate participation in such system, effective after December 31, 1983; or
"(B) to remain under such system, as if the preceding sections of this Act [probably means this 'title'] and the amendments made by this Act had not been enacted; or
"(2) if such individual is then currently not a participant in a covered retirement system, elect by written application—
"(A) to become a participant under such system (if such individual is otherwise eligible to participate in the system), subject to the preceding sections of this Act [probably means this 'title'] and the amendments made by this Act; or
"(B) to become a participant under such system (if such individual is otherwise eligible to participate in the system), as if the preceding sections of this Act and the amendments made by this Act had not been enacted.
"(b) An application by an individual under subsection (a) shall be submitted to the official by whom such covered employee is paid.
"(c) Any individual who elects to terminate participation in a covered retirement system under subsection (a)(1)(A) is entitled to have such individual's contributions to the retirement system refunded, in accordance with applicable provisions of law, as if such individual had separated from service as of the effective date of the election.
"(d) Any individual who is eligible to make an election under subparagraph (A) or (B) of subsection (a)(1), but who does not make an election under either such subparagraph, shall be subject to the preceding sections of this Act [probably means this 'title'] and the amendments made by this Act."
[Amendment to section 206(c)(3) of
[Section 305(b) of
"(1) The amendments made by subsection (a) [amending
"(2) Any refund payable to an individual as a result of paragraph (1) shall be paid out of funds of the appropriate retirement system.
"(3) For purposes of this subsection, the term 'retirement system' means a covered retirement system as defined by section 203(a)(2) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (
[The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in
Canal Zone Government and Panama Canal Company Employees
Section 13 of
"(a) Effective on and after the first day of the first pay period which begins in the third calendar month following the calendar month in which this Act is enacted [July 1958]—
"The Act of July 8, 1937 (
"(b) On or before the first day of the first pay period which begins in the third calendar month following the calendar month in which this Act is enacted [July 1958], the Panama Canal Company shall pay, as an agency contribution, into the civil service retirement and disability fund created by the Act of May 22, 1920, for each individual—
"(1) who is employed, on such first day of such first pay period, by the Canal Zone Government or by the Panama Canal Company, and
"(2) who, by reason of the enactment of this section and the operation of the Civil Service Retirement Act (
for service performed by such individual in the employment of—
"(A) the Panama Railroad Company during the period which began on June 29, 1948, and ended on June 30, 1951, or
"(B) the Panama Canal (former independent agency), the Canal Zone Government, or the Panama Canal Company during the period which began on July 1, 1951, and which ends immediately prior to such first day of such first pay period,
an amount equal to the aggregate amount which such individual would have been required to contribute for retirement purposes if he had been subject to the Civil Service Retirement Act during such periods of service.
"(c) Nothing contained in this section shall affect—
"(1) the rights of any individual existing immediately prior to such first day of such first pay period above specified, or
"(2) the continuing obligations of the Canal Zone Government and the Panama Canal Company under section 4(a) of the Civil Service Retirement Act (
Members of Civilian Faculties of United States Naval Academy and United States Naval Postgraduate School
Section 402 of act July 31, 1956, ch. 804, title IV,
"(a) On and after the effective date of this title [on the first day of the first month beginning more than sixty days after July 31, 1956] persons employed as members of the civilian faculties of the United States Naval Academy and the United States Naval Postgraduate School shall be included within the terms of the Civil Service Retirement Act [this subchapter], and on and after that date the Act of January 16, 1936 (
"(b) In lieu of the deposit prescribed by section 4(c) of the Civil Service Retirement Act [
Ex. Ord. No. 12461. Designation as a Federal Retirement System
Ex. Ord. No. 12461, Feb. 17, 1984, 49 F.R. 6471, provided:
By the authority vested in me as President by the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 (title II of
Ronald Reagan.
Cross References
Annual report of Office of Personnel Management on operation of this subchapter, see
Civil Service Retirement and Disability Fund, see
Peace Corps volunteers' service credited for purposes of this subchapter, see
Retirement of employees of land-grant colleges, see
Right to compensation for scheduled disabilities specified by section 8107 not impaired by eligibility for benefits under this subchapter, see
Uniform date for retirement of Federal personnel, see
United States magistrate judges and necessary clerical and secretarial assistants employed in the offices of such full-time magistrate judges deemed officers and employees in the Federal judicial branch within meaning of this subchapter, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a comma.
§8332. Creditable service
(a) The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any.
(b) The service of an employee shall be credited from the date of original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Except as provided in paragraph (13) 1 of this subsection, credit may not be allowed for a period of separation from the service in excess of 3 calendar days. The service includes—
(1) employment as a substitute in the postal field service;
(2) service in the Pan American Sanitary Bureau;
(3) subject to
(4) service as a student-employee as defined by
(5) a period of satisfactory service of a volunteer or volunteer leader under
(6) employment under
(7) a period of service of a volunteer under part A of title VIII of the Economic Opportunity Act of 1964, or a period of service of a full-time volunteer enrolled in a program of at least one year's duration under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973 only if he later becomes subject to this subchapter;
(8) subject to
(9) subject to
(10) periods of imprisonment of a foreign national for which compensation is provided under section 410 of the Foreign Service Act of 1980, if the individual (A) was subject to this subchapter during employment with the Government last preceding imprisonment, or (B) is qualified for an annuity under this subchapter on the basis of other service of the individual;
(11) subject to
(12) service as a justice or judge of the United States, as defined by
(13) subject to
(14) one year of service to be credited for each year in which a Native of the Pribilof Islands performs service in the taking and curing of fur seal skins and other activities in connection with the administration of the Pribilof Islands, notwithstanding any period of separation from the service, and regardless of whether the Native who performs the service retires before, on, or after the effective date of this paragraph;
(15) subject to
(16) service performed by any individual as an employee described in
The Office of Personnel Management shall accept the certification of the Secretary of Agriculture or his designee concerning service for the purpose of this subchapter of the type performed by an employee named by paragraph (3) of this subsection. The Office of Personnel Management shall accept the certification of the Secretary of Commerce or his designee concerning service for the purpose of this subchapter of the type performed by an employee named by paragraph (14) of this subsection. The Office of Personnel Management shall accept the certification of the Capitol Guide Board concerning service for the purpose of this subchapter of the type described in paragraph (8) of this subsection and performed by an employee. The Office of Personnel Management shall accept the certification of the Chief Administrative Officer of the House of Representatives concerning service for the purpose of this subchapter of the type described in paragraph (13) of this subsection. For the purpose of paragraph (5) of this subsection—
(A) a volunteer and a volunteer leader are deemed receiving pay during their service at the respective rates of readjustment allowances payable under
(B) the period of an individual's service as a volunteer or volunteer leader under
The Office of Personnel Management shall accept the certification of the Executive Director of the Board for International Broadcasting, and the Secretary of State with respect to the Asia Foundation and the Secretary of Defense with respect to the Armed Forces Network, Europe (AFN–E), concerning services for the purposes of this subchapter of the type described in paragraph (11) of this subsection. For the purpose of this subchapter, service of the type described in paragraph (15) of this subsection shall be considered Member service. The Office of Personnel Management shall accept, for the purposes of this subchapter, the certification of the head of a nonappropriated fund instrumentality of the United States concerning service of the type described in paragraph (16) of this subsection which was performed for such appropriated fund instrumentality.
(c)(1) Except as provided in paragraphs (2) and (4) of this subsection and subsection (d) of this section—
(A) the service of an individual who first becomes an employee or Member before October 1, 1982, shall include credit for each period of military service performed before the date of the separation on which the entitlement to an annuity under this subchapter is based, subject to
(B) the service of an individual who first becomes an employee or Member on or after October 1, 1982, shall include credit for—
(i) each period of military service performed before January 1, 1957, and
(ii) each period of military service performed after December 31, 1956, and before the separation on which the entitlement to annuity under this subchapter is based, only if a deposit (with interest, if any) is made with respect to that period, as provided in
(2) If an employee or Member is awarded retired pay based on any period of military service, the service of the employee or Member may not include credit for such period of military service unless the retired pay is awarded—
(A) based on a service-connected disability—
(i) incurred in combat with an enemy of the United States; or
(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by
(B) under
(3)(A) Notwithstanding paragraph (2) of this subsection, for purposes of computing a survivor annuity for a survivor of an employee or Member—
(i) who was awarded retired pay based on any period of military service, and
(ii) whose death occurs before separation from the service,
creditable service of the deceased employee or Member shall include each period of military service includable under subparagraph (A) or (B) of paragraph (1) of this subsection, as applicable. In carrying out this subparagraph, any amount deposited under
(B) A survivor annuity computed based on an amount which, under authority of subparagraph (A), takes into consideration any period of military service shall be reduced by the amount of any survivor's benefits—
(i) payable to a survivor (other than a child) under a retirement system for members of the uniformed services;
(ii) if, or to the extent that, such benefits are based on such period of military service.
(C) The Office of Personnel Management shall prescribe regulations to carry out this paragraph, including regulations under which—
(i) a survivor may elect not to be covered by this paragraph; and
(ii) this paragraph shall be carried out in any case which involves a former spouse.
(4) If, after January 1, 1997, an employee or Member waives retired pay that is subject to a court order for which there has been effective service on the Secretary concerned for purposes of
(d) For the purpose of
(1) shall be allowed credit only for periods of military service not exceeding 5 years, plus military service performed by the Member on leaving his office, for the purpose of performing military service, during a war or national emergency proclaimed by the President or declared by Congress and before his final separation from service as Member; and
(2) may not receive credit for military service for which credit is allowed for purpose of retired pay under other statute.
(e) This subchapter does not affect the right of an employee or Member to retired pay, pension, or compensation in addition to an annuity payable under this subchapter.
(f) Credit shall be allowed for leaves of absence without pay granted an employee while performing military service or while receiving benefits under subchapter I of
(g) An employee who during the period of a war, or of a national emergency as proclaimed by the President or declared by Congress, leaves his position to enter the military service is deemed, for the purpose of this subchapter, as not separated from his civilian position because of that military service, unless he applies for and receives a lump-sum credit under this subchapter. However, the employee is deemed as not retaining his civilian position after December 31, 1956, or after the expiration of 5 years of that military service, whichever, is later.
(h) An employee who—
(1) has at least 5 years' Member service; and
(2) serves as a Member at any time after August 2, 1946;
may not be allowed credit for service which is used in the computation of an annuity under
(i) An individual who qualifies as an employee under
(1) 1/313 of a year for each day on which he performed service as a Commissioner before July 1, 1945; and
(2) 1/260 of a year for each day on which he performed service as a Commissioner after June 30, 1945.
Credit for service performed as Commissioner may not exceed 313 days in a year before July 1, 1945, or 260 days in a year after June 30, 1945. For the purpose of this subchapter, the employment and pay of a Commissioner is deemed on a daily basis when actually employed.
(j)(1) Notwithstanding any other provision of this section, military service, except military service covered by military leave with pay from a civilian position, performed by an individual after December 1956, the period of an individual's services as a volunteer under part A of title VIII of the Economic Opportunity Act of 1964, the period of an individual's service as a full-time volunteer enrolled in a program of at least 1 year's duration under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973, and the period of an individual's service as a volunteer or volunteer leader under
(2) The provisions of paragraph (1) of this subsection relating to credit for military service shall not apply to—
(A) any period of military service of an employee or Member with respect to which the employee or Member has made a deposit with interest, if any, under
(B) the service of any employee or Member described in
(3) The provisions of paragraph (1) relating to credit for service as a volunteer or volunteer leader under the Economic Opportunity Act of 1964, part A, B, or C of title I of the Domestic Volunteer Service Act of 1973, or the Peace Corps Act shall not apply to any period of service as a volunteer or volunteer leader of an employee or Member with respect to which the employee or Member has made the deposit with interest, if any, required by section 8334(l).
(k)(1) An employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees as defined by
(2) An employee may deposit with interest an amount equal to retirement deductions representing any period or periods of approved leave without pay while serving, before July 18, 1966, as a full-time officer or employee of an organization composed primarily of employees as defined by
(l)(1) Any employee or Member who—
(A) is of Japanese ancestry; and
(B) while a citizen of the United States or an alien lawfully admitted to the United States for permanent residence, was interned or otherwise detained at any time during World War II in any camp, installation, or other facility in the United States, or in any territory or possession of the United States, under any policy or program of the United States respecting individuals of Japanese ancestry which was established during World War II in the interests of national security pursuant to—
(i) Executive Order Numbered 9066, dated February 19, 1942;
(ii) section 67 of the Act entitled "An Act to provide a government for the Territory of Hawaii", approved April 30, 1900 (
(iii) Executive Order Numbered 9489, dated October 18, 1944;
(iv) sections 4067 through 4070 of the Revised Statutes of the United States; or
(v) any other statute, rules, regulation, or order; or
(C) is of Aleut ancestry and while a citizen of the United States was interned or otherwise detained in, or relocated to any camp, installation, or other facility in the Territory of Alaska which was established during World War II for the purpose of the internment, detention, or relocation of Aleuts pursuant to any statute, rule, regulation, or order;
shall be allowed credit (as civilian service) for any period during which such employee or Member was so interned or otherwise detained after such employee became 18 years of age.
(2) For the purpose of this subsection, "World War II" means the period beginning on December 7, 1941, and ending on December 31, 1946.
(m)(1) Upon application to the Office of Personnel Management, any individual who is an employee on the date of the enactment of this subsection, and who has on such date or thereafter acquires 5 years or more of creditable civilian service under this section (exclusive of service for which credit is allowed under this subsection) shall be allowed credit (as service as a Congressional employee) for service before the date of the enactment of this subsection while employed by the Democratic Senatorial Campaign Committee, the Republican Senatorial Campaign Committee, the Democratic National Congressional Committee, or the Republican National Congressional Committee, if—
(A) such employee has at least 4 years and 6 months of service on such committees as of December 12, 1980; and
(B) such employee makes a deposit to the Fund in an amount equal to the amount which would be required under
(2) The Office shall accept the certification of the President of the Senate (or his designee) or the Speaker of the House (or his designee), as the case may be, concerning the service of, and the amount of compensation received by, an employee with respect to which credit is to be sought under this subsection.
(3) An individual receiving credit for service for any period under this subsection shall not be granted credit for such service under the provisions of the Social Security Act.
(n) Any employee who—
(1) served in a position in which the employee was excluded from coverage under this subchapter because the employee was covered under a retirement system established under section 10 of the Federal Reserve Act; and
(2) transferred without a break in service to a position to which the employee was appointed by the President, with the advice and consent of the Senate, and in which position the employee is subject to this subchapter,
shall be treated for all purposes of this subchapter as if any service that would have been creditable under the retirement system established under section 10 of the Federal Reserve Act was service performed while subject to this subchapter if any employee and employer deductions, contributions or rights with respect to the employee's service are transferred from such retirement system to the Fund.
(
The section is reorganized for clarity.
Subsection (b)(B) is added on authority of
In subsection (c)(1)(B), the words "as that term is defined by
In subsection (c)(2), the words "under
In subsection (f), the words "without pay" are added after "leaves of absence" in the first sentence for clarity and to align it with the use of the term in the second sentence. The words "postal field service" are coextensive with and substituted for "postal service".
In subsection (g), the words "has left" are omitted as executed.
In subsection (i), the words "but nothing contained in this chapter [
In subsection (j), the words "or
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8332(k)(1) 8332(k)(2) |
5 App.: 2253(k)(1). 5 App.: 2253(k)(2). |
July 18, 1966, |
In subsection (k)(1), the words "as defined by
In subsection (k)(2), the words "before July 18, 1966" are substituted for "prior to the date of enactment of this subsection". The words "as defined by
References in Text
The Economic Opportunity Act of 1964, referred to in subsecs. (b)(7) and (j)(1), (3), is
Parts A, B, and C of title I of the Domestic Volunteer Service Act of 1973, referred to in subsecs. (b)(7) and (j)(1), (3), are classified to part A (§4951 et seq.), part B (§4971 et seq.), and part C (§4991 et seq.), respectively, of subchapter I of
Section 410 of the Foreign Service Act of 1980, referred to in subsec. (b)(10), is classified to
The effective date of this paragraph, referred to in subsec. (b)(13), is Jan. 3, 1978, the effective date of section 111(2) of
The effective date of this paragraph, referred to in subsec. (b)(14), is Oct. 14, 1983, the date of enactment of
The date of the enactment of the Nonappropriated Fund Instrumentalities Employees' Retirement Credit Act of 1986, referred to in subsec. (b)(16), is the date of enactment of section 2 of
The Peace Corps Act, referred to in subsec. (j)(3), is
Section 67 of the Act entitled "An Act to provide a government for the Territory of Hawaii", approved April 30, 1900 (
Sections 4067 through 4070 of the Revised Statutes, referred to in subsec. (l)(1)(B)(iv), are classified to
The date of enactment of this subsection, referred to in subsec. (m)(1), means the date of enactment of
The Social Security Act, referred to in subsec. (m)(3), is act Aug. 14, 1935, ch. 531,
Section 10 of the Federal Reserve Act, referred to in subsec. (n), is section 10 of act Dec. 23, 1913, ch. 6,
Amendments
1999—Subsec. (m)(1)(A).
1996—Subsec. (b).
Subsec. (c)(1).
Subsec. (c)(4).
1994—Subsec. (c)(2)(B).
1993—Subsec. (j)(1).
Subsec. (j)(3).
1992—Subsec. (b).
1991—Subsec. (c)(2)(A)(ii).
Subsec. (n).
1990—Subsec. (b).
1987—Subsec. (b).
1986—Subsec. (b).
Subsec. (b)(13) to (15).
Subsec. (c)(3).
Subsec. (f).
Subsec. (j)(1).
Subsec. (k).
1984—Subsec. (b)(13).
1983—Subsec. (b).
Subsec. (b)(13).
Subsec. (f).
Subsec. (l)(1)(C).
1982—Subsec. (b)(12).
Subsec. (c).
Subsec. (c)(1)(A).
Subsec. (c)(1)(B).
Subsec. (j).
Subsec. (j)(2)(A).
1980—Subsec. (b)(10), (11).
Subsec. (m).
1979—Subsec. (b).
Subsec. (b)(6).
1978—Subsecs. (b), (j).
Subsec. (l).
1975—Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9).
1973—Subsec. (b)(7).
1972—Subsec. (b).
1971—Subsec. (f).
1970—Subsec. (b).
1969—Subsec. (b)(7).
Subsec. (j).
1968—Subsec. (b).
Change of Name
Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by
Effective Date of 1996 Amendment
Section 637(c) of
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Section 371(c) of
"(1)
"(A)
"(i)
"(ii)
"(B)
"(i)
"(ii)
"(2)
"(A)
"(i) the numerator of which is the total of the wages (within the meaning of section 209 of the Social Security Act [
"(ii) the denominator of which is the total of all wages described in clause (i), plus all other wages (within the meaning of section 209 of such Act [
"(B)
"(i)
"(ii)
"(iii)
"(I) the first month the individual described in paragraph (1)(A)(ii) is entitled to old-age or survivors benefits under section 202 of the Social Security Act [
"(II) the first calendar month beginning after the date of enactment of this Act [Sept. 21, 1993], in the case of any individual entitled to such benefits for such month.
"(iv)
"(3)
"(4)
Amendment by section 371(a)(1) of
Section 406(b) of
Effective Date of 1991 Amendment
Section 466(c) of
Effective Date of 1990 Amendment
Section 3(a) of
"(1)
"(A)
"(i) separate from employment with the Government on or after the date of enactment of this Act [Nov. 6, 1990]; and
"(ii) make an appropriate deposit, in accordance with
"(B)
"(i) shall include interest, which shall be computed under section 8334(e) of such title (except that the rate of interest shall be 3 percent a year) from the midpoint of the period of additional service to the date deposit is made; and
"(ii) shall be made before date of retirement.
"(2)
"(A)
"(i) was employed under
"(ii) was separated from employment with the Government on or after January 1, 1969, and before the date of enactment of this Act [Nov. 6, 1990],
any annuity under subchapter III of
"(B)
"(3)
Effective Date of 1986 Amendments
Section 2(c) of
Section 502(c) of
"(1) The amendments made by this section [amending this section and
"(2) Upon application to the Office of Personnel Management, such amendments shall also apply to a survivor of an employee or Member whose date of death precedes such 180th day, except that any resulting recomputation shall not be effective for any period beginning before the 60th day after the date on which the application is received."
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1983 Amendment
Section 111(2) of
Effective Date of 1982 Amendments
Section 3(n) of
Amendment by
Amendment by
Effective Date of 1980 Amendments
Section 4(b) of
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1978 Amendment; Applicability to Annuities; Recomputation
Section 2 of
"(a) The amendments made by this Act [amending this section and
"(1) the date of the enactment of this Act [Sept. 22, 1978], or
"(2) October 1, 1978.
"(b) Subject to subsection (c) of this section, the amendments made by the first section of this Act [amending this section and
"(c)(1) An annuity or survivor annuity based on the service of an employee or Member who performed service described in
"(2) Any recomputation of an annuity under paragraph (1) shall apply with respect to months beginning more than 30 days after the date on which application for such recomputation is received in the Commission.
"(d)(1) The Civil Service Commission shall take such action as may be necessary and and appropriate to inform individuals entitled to have any service credited under
"(2) The Civil Service Commission shall, on request, assist any individual referred to in paragraph (1) in obtaining from any department, agency, or other instrumentality of the United States such information possessed by such instrumentality as may be necessary to verify the entitlement of such individual to have any service credited under such section 8332(l) or to have any annuity recomputed under subsection (c).
"(3) Any department, agency, or other instrumentality of the United States which possesses any information with respect to the internment or other detention of any employee or Member as described in such section 8332(l) shall, at the request of the Commission, furnish such information to the Commission."
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1971 Amendment
Section 5(a) of
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1969 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Regulations
Section 4 of
Creditability of ICC Employee's Annual Leave for Purposes of Meeting Minimum Eligibility Requirements for Immediate Annuity
"(a)
"(b)
"(1) defining the types of leave for which credit may be given under this section (such definition to be similar to the corresponding provisions of the regulations under section 351.608(c)(2) of title 5 of the Code of Federal Regulations, as in effect on the date of the enactment of this Act [Dec. 29, 1995]);
"(2) limiting the amount of accrued annual leave which may be used for the purposes specified in subsection (a) to the minimum period of time necessary in order to permit such employee to attain first eligibility for an immediate annuity under
"(3) under which contributions (or arrangements for the making of contributions) shall be made so that—
"(A) employee contributions for any period of leave for which retirement credit may be obtained under this section shall be made by the employee; and
"(B) Government contributions with respect to such period shall similarly be made by the Interstate Commerce Commission or other appropriate officer or entity (out of appropriations otherwise available for such contributions); and
"(4) under which subsection (a) shall not apply with respect to an employee who declines a reasonable offer of employment in another position in the Department of Transportation made under this Act [see Tables for classification] or any amendment made by this Act.
"(c)
[Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in
Creditability Under CSRS of Certain Service Performed Under Personal Service Contract With United States
"(a)
"(1)
"(A) before November 5, 1985; and
"(B) under a personal service contract with the United States, except as provided in paragraph (3).
"(2)
"(A)
"(i) states that the agency had intended, through such contract, that the individual involved (or that persons like the individual involved) be considered as having been appointed to a position in which such individual would be subject to subchapter III of
"(ii) indicates the period of service which was performed under the contract by the individual involved, and includes copies of appropriate records or other documentation to support the determination as to the length of such period.
"(B)
"(3)
"(A) a contract for which any appropriations, allocations, or funds were used under section 636(a)(3) of the Foreign Assistance Act of 1961 [
"(B) a contract entered into under section 10(a)(5) of the Peace Corps Act [
"(C) a contract under which the services of an individual may be terminated by a person other than the individual or the Government; or
"(D) a contract for a single transaction or a contract under which services are paid for in a single payment.
"(b)
"(1)
"(A) performed service for which credit is allowable under subsection (a), and
"(B) retired on an annuity payable under subchapter III of
any annuity under such subchapter based on the service of such individual shall be redetermined to take into account the amendment made by subsection (a) if application therefor is made, and the deposit requirement under such subsection is met, within 2 years after the date of the enactment of this Act.
"(2)
Clarification Relating to Consideration of Pre-1987 Service as Air Traffic Controller for Retirement Purposes
"(a) For purposes of subchapter III of
"(1) service as an air traffic controller shall, with respect to any annuity which is based on a separation from service, or death, occurring on or after January 1, 1987, include any service as an air traffic controller whether performed before, on, or after January 1, 1987; and
"(2) the Office of Personnel Management shall accept the certification of the Secretary, or the designee of the Secretary, in determining the amount of any service performed by an individual as an air traffic controller.
"(b) For purposes of this section—
"(1) the term 'air traffic controller' has the meaning given such term by
"(2) the term 'Secretary' has the meaning given such term by
Cadet Nurse Corps
Section 1 of
"(b) This section relates to any period of training as a student or graduate nurse under a plan approved under section 2 of the Act of June 15, 1943 (
"(c)(1) An individual may not receive credit for service pursuant to this Act [amending
"(A) within 14 months after the date of the enactment of this Act [Nov. 10, 1986], and in accordance with regulations under subsection (d), the individual files appropriate written application with the Office of Personnel Management;
"(B) at the time of filing the application under subparagraph (A), the individual is employed by the Government and subject to subchapter III of
"(C) before the date of the separation on which is based the individual's entitlement to an annuity under subchapter III of
"(2) The amount to be deposited shall be determined by the Office of Personnel Management in a manner consistent with applicable provisions of subchapter III of
"(d) The Office of Personnel Management shall, not later than 2 months after the date of the enactment of this Act [Nov. 10, 1986], prescribe regulations to carry out this Act [amending
Recomputation at Age 62 of Credit for Military Service of Current Annuitants
Section 307 of
"(a) The provisions of
"(b) Subject to subsection (b), in any case in which an individual described in subsection (a) is also entitled to old-age or survivors' insurance benefits under section 202 of the Social Security Act [
"(1) the numerator of which is the total of the wages (within the meaning of section 209 of the Social Security Act [
"(2) the denominator of which is the total of all wages and deemed additional wages described in paragraph (1) of this subsection plus all other wages (within the meaning of section 209 of such Act [
"(c) Subsection (b) shall not reduce the annuity of any individual below the amount of the annuity which would be payable under this subchapter to the individual for the determination month if
"(d) For purposes of this section, the term 'determination month' means—
"(1) the first month the individual described in subsection (a) is entitled to old-age or survivors' insurance benefits under section 202 of the Social Security Act [
"(2) October 1982, in the case of any individual so entitled to such benefits for such month.
"(e) The preceding provisions of this section shall take effect with respect to any annuity payment payable under subchapter III of
"(f) The Secretary of Health and Human Services shall furnish such information to the Office of Personnel Management as may be necessary to carry out the preceding provisions of this section."
District of Columbia Substitute Teachers
Section 2 of
National Guard Technicians
Amendment by section 5(a)(4) of
Creditable Service of Certain Commissioned Officers of the Regular or Reserve Corps of the Public Health Service
Section 6(a), (b) of
"(a) Except as provided in subsection (b), service as a commissioned officer in the Regular Corps of the Public Health Service prior to July 1, 1960, shall be considered, for purposes of credit under the Civil Service Retirement Act [this subchapter], other than section 3(f) thereof [
"(b) If a commissioned officer of the Regular or Reserve Corps of the Public Health Service is retired after June 30, 1960, and becomes entitled to retired pay from the Public Health Service, all service in the Regular or Reserve Corps of the Public Health Service prior to July 1, 1960, together with any other service which is performed at any time with the Public Health Service, other than as a commissioned officer, and which is credited to the officer for purposes of such retirement, shall be considered as military service for purposes of section 3(b) of the Civil Service Retirement Act [subsecs. (c)–(e) of this section]; except that, in the case of any such officer who is retired pursuant to subsection (a) of section 211 of the Public Health Service Act [
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be paragraph "(14)".
3 So in original. Probably should be "individual, spouse, or former spouse".
4 See 1986 Amendment note below.
§8333. Eligibility for annuity
(a) An employee must complete at least 5 years of civilian service before he is eligible for an annuity under this subchapter.
(b) An employee or Member must complete, within the last 2 years before any separation from service, except a separation because of death or disability, at least 1 year of creditable civilian service during which he is subject to this subchapter before he or his survivors are eligible for annuity under this subchapter based on the separation. If an employee or Member, except an employee or Member separated from the service because of death or disability, fails to meet the service requirement of the preceding sentence, the amounts deducted from his pay during the service for which no eligibility for annuity is established based on the separation shall be returned to him on the separation. Failure to meet this service requirement does not deprive the individual or his survivors of annuity rights which attached on a previous separation.
(c) A Member or his survivor is eligible for an annuity under this subchapter only if the amounts named by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a), (b) | July 31, 1956, ch. 804, §401 "Sec. 3(f), (g)", |
|
(c) | July 31, 1956, ch. 804, §401 "Sec. 6(f) (last sentence)", Aug. 27, 1958, |
In subsection (c), the words "eligible for" are substituted for "entitled to".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1975—Subsec. (c).
1969—Subsec. (c).
Effective Date of 1969 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 22 section 4051.
§8334. Deductions, contributions, and deposits
(a)(1) The employing agency shall deduct and withhold from the basic pay of an employee, Member, Congressional employee, law enforcement officer, firefighter, bankruptcy judge, judge of the United States Court of Appeals for the Armed Forces, United States magistrate, Court of Federal Claims judge, member of the Capitol Police, or nuclear materials courier, as the case may be, the percentage of basic pay applicable under subsection (c). An equal amount shall be contributed from the appropriation or fund used to pay the employee or, in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment. When an employee in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee.
(2) The amounts so deducted and withheld, together with the amounts so contributed, shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Secretary of the Treasury may prescribe. Deposits made by an employee or Member also shall be credited to the Fund.
(b) Each employee or Member is deemed to consent and agree to these deductions from basic pay. Notwithstanding any law or regulation affecting the pay of an employee or Member, payment less these deductions is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to the benefits to which the employee or Member is entitled under this subchapter.
(c) Each employee or Member credited with civilian service after July 31, 1920, for which retirement deductions or deposits have not been made, may deposit with interest an amount equal to the following percentages of his basic pay received for that service:
Percentage of basic pay | Service period | |
---|---|---|
Employee | 2½ | August 1, 1920, to June 30, 1926. |
3½ | July 1, 1926, to June 30, 1942. | |
5 | July 1, 1942, to June 30, 1948. | |
6 | July 1, 1948, to October 31, 1956. | |
6½ | November 1, 1956, to December 31, 1969. | |
7 | January 1, 1970, to December 31, 1998. | |
7.25 | January 1, 1999, to December 31, 1999. | |
7.4 | January 1, 2000, to December 31, 2000. | |
7.5 | January 1, 2001, to December 31, 2002. | |
7 | After December 31, 2002. | |
Member or employee for Congressional employee service | 2½ 3½ 5 6 |
August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. July 1, 1942, to June 30, 1948. July 1, 1948, to October 31, 1956. |
6½ | November 1, 1956, to December 31, 1969. | |
7.5 | January 1, 1970, to December 31, 1998. | |
7.75 | January 1, 1999, to December 31, 1999. | |
7.9 | January 1, 2000, to December 31, 2000. | |
8 | January 1, 2001, to December 31, 2002. | |
7.5 | After December 31, 2002. | |
Member for Member service | 2½ 3½ |
August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. |
5 | July 1, 1942, to August 1, 1946. | |
6 | August 2, 1946, to October 31, 1956. | |
7½ | November 1, 1956, to December 31, 1969. | |
8 | January 1, 1970, to December 31, 1998. | |
8.25 | January 1, 1999, to December 31, 1999. | |
8.4 | January 1, 2000, to December 31, 2000. | |
8.5 | January 1, 2001, to December 31, 2002. | |
8 | After December 31, 2002. | |
Law enforcement officer for law enforcement service and firefighter for firefighter service | 2½ 3½ 5 6 6½ 7 |
August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. July 1, 1942, to June 30, 1948. July 1, 1948, to October 31, 1956. November 1, 1956, to December 31, 1969. January 1, 1970, to December 31, 1974. |
7.5 | January 1, 1975, to December 31, 1998. | |
7.75 | January 1, 1999, to December 31, 1999. | |
7.9 | January 1, 2000, to December 31, 2000. | |
8 | January 1, 2001, to December 31, 2002. | |
7.5 | After December 31, 2002. | |
Bankruptcy judge | 2½ 3½ |
August 1, 1920, to June 30, 1926. July 3, 1926, to June 30, 1942. |
5 | July 1, 1942, to June 30, 1948. | |
6 | July 1, 1948, to October 31, 1956. | |
6½ | November 1, 1956, to December 31, 1969. | |
7 | January 1, 1970, to December 31, 1983. | |
8 | January 1, 1984, to December 31, 1998. | |
8.25 | January 1, 1999, to December 31, 1999. | |
8.4 | January 1, 2000, to December 31, 2000. | |
8.5 | January 1, 2001, to December 31, 2002. | |
8 | After December 31, 2002. | |
Judge of the United States Court of Appeals for the Armed Forces for service as a judge of that court | 6 6½ 7 |
May 5, 1950, to October 31, 1956. November 1, 1956, to December 31, 1969. January 1, 1970, to (but not including) the date of the enactment of the Department of Defense Authorization Act, 1984. |
8 | The date of enactment of the Department of Defense Authorization Act, 1984, to December 31, 1998. | |
8.25 | January 1, 1999, to December 31, 1999. | |
8.4 | January 1, 2000, to December 31, 2000. | |
8.5 | January 1, 2001, to December 31, 2002. | |
8 | After December 31, 2002. | |
United States magistrate | 2½ 3½ |
August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. |
5 | July 1, 1942, to June 30, 1948. | |
6 | July 1, 1948, to October 31, 1956. | |
6½ | November 1, 1956, to December 31, 1969. | |
7 | January 1, 1970, to September 30, 1987. | |
8 | October 1, 1987, to December 31, 1998. | |
8.25 | January 1, 1999, to December 31, 1999. | |
8.4 | January 1, 2000, to December 31, 2000. | |
8.5 | January 1, 2001, to December 31, 2002. | |
8 | After December 31, 2002. | |
Court of Federal Claims Judge | 2½ 3½ |
August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. |
5 | July 1, 1942, to June 30, 1948. | |
6 | July 1, 1948, to October 31, 1956. | |
6½ | November 1, 1956, to December 31, 1969. | |
7 | January 1, 1970, to September 30, 1988. | |
8 | October 1, 1988, to December 31, 1998. | |
8.25 | January 1, 1999, to December 31, 1999. | |
8.4 | January 1, 2000, to December 31, 2000. | |
8.5 | January 1, 2001, to December 31, 2002. | |
8 | After December 31, 2002. | |
Member of the Capitol Police | 2.5 3.5 |
August 1, 1920, to June 30, 1926. July 1, 1926, to June 30, 1942. |
5 | July 1, 1942, to June 30, 1948. | |
6 | July 1, 1948, to October 31, 1956. | |
6.5 | November 1, 1956, to December 31, 1969. | |
7.5 | January 1, 1970, to December 31, 1998. | |
7.75 | January 1, 1999, to December 31, 1999. | |
7.9 | January 1, 2000, to December 31, 2000. | |
8 | January 1, 2001, to December 31, 2002. | |
7.5 | After December 31, 2002. | |
Nuclear materials courier | 7 | October 1, 1977 to October 16, 1998. |
7.5 | October 17, 1998 to December 31, 1998. | |
7.75 | January 1, 1999 to December 31, 1999. | |
7.9 | January 1, 2000 to December 31, 2000. | |
8 | January 1, 2001 to December 31, 2002. | |
7.5 | After December 31, 2002. |
Notwithstanding the preceding provisions of this subsection and any provision of section 206(b)(3) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, the percentage of basic pay required under this subsection in the case of an individual described in section 8402(b)(2) shall, with respect to any covered service (as defined by section 203(a)(3) of such Act) performed by such individual after December 31, 1983, and before January 1, 1987, be equal to 1.3 percent, and, with respect to any such service performed after December 31, 1986, be equal to the amount that would have been deducted from the employee's basic pay under subsection (k) of this section if the employee's pay had been subject to that subsection during such period.
(d)(1) Each employee or Member who has received a refund of retirement deductions under this or any other retirement system established for employees of the Government covering service for which he may be allowed credit under this subchapter may deposit the amount received, with interest. Credit may not be allowed for the service covered by the refund until the deposit is made.
(2)(A) This paragraph applies with respect to any employee or Member who—
(i) separates before October 1, 1990, and receives (or elects, in accordance with applicable provisions of this subchapter, to receive) a refund (described in paragraph (1)) which relates to a period of service ending before October 1, 1990;
(ii) is entitled to an annuity under this subchapter (other than a disability annuity) which is based on service of such employee or Member, and which commences on or after December 2, 1990; and
(iii) does not make the deposit (described in paragraph (1)) required in order to receive credit for the period of service with respect to which the refund relates.
(B) Notwithstanding the second sentence of paragraph (1), the annuity to which an employee or Member under this paragraph is entitled shall (subject to adjustment under section 8340) be equal to an amount which, when taken together with the unpaid amount referred to in subparagraph (A)(iii), would result in the present value of the total being actuarially equivalent to the present value of the annuity which would otherwise be provided the employee or Member under this subchapter, as computed under subsections (a)–(i) and (n) of section 8339 (treating, for purposes of so computing the annuity which would otherwise be provided under this subchapter, the deposit referred to in subparagraph (A)(iii) as if it had been timely made).
(C) The Office of Personnel Management shall prescribe such regulations as may be necessary to carry out this paragraph.
(e)(1) Interest under subsection (c), (d)(1), (j), (k), or (l) of this section is computed in accordance with paragraphs (2) and (3) of this subsection and regulations prescribed by the Office of Personnel Management.
(2) Interest accrues annually on the outstanding portion of any amount that may be deposited under subsection (c), (d)(1), (j), (k), or (l) of this section, and is compounded annually, until the portion is deposited. Such interest is computed from the mid-point of each service period included in the computation, or from the date refund was paid. The deposit may be made in one or more installments. Interest may not be charged for a period of separation from the service which began before October 1, 1956.
(3) The rate of interest is 4 percent a year through December 31, 1947, and 3 percent a year beginning January 1, 1948, through December 31, 1984. Thereafter, the rate of interest for any calendar year shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under
(f) Under such regulations as the Office of Personnel Management may prescribe, amounts deducted under subsection (a) or (k) of this section and deposited under subsections (c) and (d)(1) of this section shall be entered on individual retirement records.
(g) Deposit may not be required for—
(1) service before August 1, 1920;
(2) military service, except to the extent provided under
(3) service for the Panama Railroad Company before January 1, 1924;
(4) service performed before October 29, 1983,,1 by natives of the Pribilof Islands in the taking and curing of fur seal skins and other activities in connection with the administration of the Pribilof Islands except where deductions, contributions, and deposits were made before October 29, 1983;
(5) days of unused sick leave credited under
(6) any period for which credit is allowed under
(h) For the purpose of survivor annuities, deposits authorized by subsections (c), (d)(1), (j), and (k) of this section may also be made by a survivor of an employee or Member.
(i)(1) The Director of the Administrative Office of the United States Courts shall pay to the Fund the amount which an employee may deposit under subsection (c) of this section for service creditable under
(2) The amount the Director pays in accordance with paragraph (1) of this subsection shall be reduced by the amount of any refund to the employee under
(3) Notwithstanding any other provision of law, the amount the Director pays under this subsection shall constitute an employer contribution to the Fund, excludable under section 402 of the Internal Revenue Code of 1986 from the employee's gross income until such time as the contribution is distributed or made available to the employee, and shall not be subject to refund or to lump-sum payment to the employee.
(4) Notwithstanding any other provision of law, a bankruptcy judge or magistrate who is covered by
(5) Notwithstanding any other provision of law, a judge who is covered by
(6) Notwithstanding any other provision of law, a judge of the United States Court of Federal Claims who is covered by
(j)(1)(A) Except as provided in subparagraph (B), and subject to paragraph (5), each employee or Member who has performed military service before the date of the separation on which the entitlement to any annuity under this subchapter is based may pay, in accordance with such regulations as the Office shall issue, to the agency by which the employee is employed, or, in the case of a Member or a Congressional employee, to the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate, an amount equal to 7 percent of the amount of the basic pay paid under
(B) In any case where military service interrupts creditable civilian service under this subchapter and reemployment pursuant to
(2) Any deposit made under paragraph (1) of this subsection more than two years after the later of—
(A) October 1, 1983; or
(B) the date on which the employee or Member making the deposit first becomes an employee or Member following the period of military service for which such deposit is due,
shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under subsection (e) of this section.
(3) Any payment received by an agency, the Secretary of the Senate, or the Chief Administrative Officer of the House of Representatives under this subsection shall be immediately remitted to the Office for deposit in the Treasury of the United States to the credit of the Fund.
(4) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Office as the Office may determine to be necessary for the administration of this subsection.
(5) Effective with respect to any period of military service after December 31, 1998, the percentage of basic pay under
(k)(1) Effective with respect to pay periods beginning after December 31, 1986, in administering this section in the case of an individual described in
(A) the amount to be deducted and withheld by the employing agency shall be determined in accordance with paragraph (2) of this subsection instead of the first sentence of subsection (a)(1) of this section; and
(B) the amount of the contribution under the second sentence of subsection (a)(1) of this section shall be the amount which would have been contributed under such sentence if this subsection had not been enacted.
(2)(A) With respect to Federal wages of an employee or Member (or that portion thereof) not exceeding the contribution and benefit base during the calendar year involved, the appropriate amount to be deducted and withheld under this subsection is the amount by which—
(i) the total deduction for those wages (or for that portion) exceeds;
(ii) the OASDI contribution with respect to those wages (or that portion).
(B) With respect to any portion of Federal wages of an employee or Member which exceed the contribution and benefit base during the calendar year involved, the appropriate amount to be deducted and withheld under this subsection is an amount equal to the total deduction for that portion.
(C) For purposes of this paragraph—
(i) the term "Federal wages" means basic pay for service as an employee or Member, as the case may be;
(ii) the term "contribution and benefit base" means the contribution and benefit base in effect with respect to the period involved, as determined under section 230 of the Social Security Act;
(iii) the term "total deduction", as used with respect to any Federal wages (or portion thereof), means an amount equal to the amount of those wages (or of that portion), multiplied by the percentage which (but for this subsection) would apply under the first sentence of subsection (a)(1) with respect to the individual involved; and
(iv) the term "OASDI contribution", with respect to any income, means the amount of tax which may be imposed under section 3101(a) of the Internal Revenue Code of 1986 with respect to such income (determined without regard to any income which is not a part of Federal wages).
(3) The amount of a deposit under subsection (c) of this section for any service with respect to which paragraph (1) of this subsection applies shall be equal to an amount determined based on the preceding provisions of this subsection, and shall include interest.
(4) In administering paragraphs (1) through (3)—
(A) the term "an individual described in
(i) who is subject to this subchapter as a result of a provision of law described in section 8347(o), and
(ii) whose employment (as described in section 8347(o)) is also employment for purposes of title II of the Social Security Act and
(B) the term "Federal wages", as applied with respect to any individual to whom this subsection applies as a result of subparagraph (A), means basic pay for any employment referred to in subparagraph (A)(ii).
(l)(1) Each employee or Member who has performed service as a volunteer or volunteer leader under part A of title VIII of the Economic Opportunity Act of 1964, as a full-time volunteer enrolled in a program of at least 1 year's duration under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973, or as a volunteer or volunteer leader under the Peace Corps Act before the date of the separation on which the entitlement to any annuity under this subchapter is based may pay, in accordance with such regulations as the Office of Personnel Management shall issue, an amount equal to 7 percent of the readjustment allowance paid to the employee or Member under title VIII of the Economic Opportunity Act of 1964 or section 5(c) or 6(1) of the Peace Corps Act or the stipend paid to the employee or Member under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973, for each period of service as such a volunteer or volunteer leader. This paragraph shall be subject to paragraph (4).
(2) Any deposit made under paragraph (1) more than 2 years after the later of—
(A) October 1, 1993; or
(B) the date on which the employee or Member making the deposit first becomes an employee or Member,
shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the 2-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under subsection (e).
(3) The Director of the Peace Corps and the Chief Executive Officer of the Corporation for National and Community Service shall furnish such information to the Office of Personnel Management as the Office may determine to be necessary for the administration of this subsection.
(4) Effective with respect to any period of service after December 31, 1998, the percentage of the readjustment allowance or stipend (as the case may be) payable under paragraph (1) shall be equal to the same percentage as would be applicable under subsection (c) of this section for the same period for service as an employee.
(m) A Member who has served in a position in the executive branch for which the rate of basic pay was reduced for the duration of the service of the Member to remove the impediment to the appointment of the Member imposed by article I, section 6, clause 2 of the Constitution, or the survivor of such a Member, may deposit to the credit of the Fund an amount equal to the difference between the amount deducted from the basic pay of the Member during that period of service and the amount that would have been deducted if the rate of basic pay which would otherwise have been in effect during that period had been in effect, plus interest computed under subsection (e).
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 1, 1957, |
||
July 31, 1956, ch. 804, §401 "Sec. 4", |
||
June 29, 1957, |
||
May 27, 1958, |
||
Aug. 27, 1958, |
In subsection (a), the words "From and after the first day of the first pay period which begins on or after the effective date of the Civil Service Retirement Act Amendments of 1956" and "From and after the first day of the first pay period which begins after June 30, 1957" in former section 2254 are omitted as executed. The words "on and after July 1, 1957" in former
In subsection (b), the word "rule" is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8334(g)(4) | 5 App.: 2254(g). | Nov. 2, 1966, |
References in Text
The date of the enactment of the Department of Defense Authorization Act, 1984, referred to in the table in subsec. (c), is the date of enactment of
Sections 203 and 206 of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 [
Sections 402 and 3101(a) and
Section 2(c) of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, referred to in subsec. (i)(4), is section 2(c) of
The Social Security Act, referred to in subsec. (k)(2)(C)(ii), (4)(A)(ii), is act Aug. 14, 1935, ch. 531,
The Economic Opportunity Act of 1964, referred to in subsec. (l)(1), is
Parts A, B, and C of title I of the Domestic Volunteer Service Act of 1973, referred to in subsec. (l)(1), are classified to part A (§4951 et seq.), part B (§4971 et seq.), and part C (§4991 et seq.), respectively, of subchapter I of
The Peace Corps Act, referred to in subsec. (l)(1), is
Amendments
1999—Subsec. (c).
1998—Subsec. (a)(1).
Subsec. (c).
1997—Subsec. (a)(1).
Subsec. (c).
Subsec. (j)(1)(A).
Subsec. (j)(5).
Subsec. (l)(1).
Subsec. (l)(4).
Subsec. (m).
1996—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (j)(1)(A), (3).
1994—Subsec. (a)(1).
Subsec. (c).
Subsec. (j)(1).
Subsec. (j)(2)(B).
1993—Subsec. (e)(1), (2).
Subsec. (h).
Subsec. (l).
1992—Subsec. (a)(1).
Subsec. (c).
Subsec. (i)(5).
Subsec. (i)(6).
1991—Subsec. (i)(5).
1990—Subsec. (a)(1).
Subsec. (c).
Subsec. (d).
Subsec. (e)(1), (2).
Subsec. (f).
Subsec. (h).
Subsec. (i)(5).
1989—Subsec. (i)(5).
1988—Subsec. (c).
Subsec. (i)(4).
Subsec. (k)(4).
1987—Subsec. (a)(1).
Subsec. (c).
1986—Subsec. (c).
Subsec. (e)(1), (2).
Subsec. (f).
Subsec. (h).
Subsec. (i)(3).
Subsec. (k).
Subsec. (k)(2)(C)(iv).
1984—Subsec. (a)(1).
Subsec. (c).
Subsec. (h).
1983—Subsec. (a)(1).
Subsec. (c).
Subsec. (g)(4).
Subsec. (j)(2)(A).
1982—Subsec. (e).
Subsec. (e)(3).
Subsec. (g)(2).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Subsec. (j)(1).
1978—Subsec. (c).
Subsec. (f).
Subsec. (g)(6).
1975—Subsec. (c),
Subsec. (g)(5).
1974—Subsec. (a)(1).
Subsec. (c).
1972—Subsec. (g)(5).
1969—Subsec. (a)(1).
Subsec. (a)(2).
Subsec. (c).
Subsec. (g)(5).
1968—Subsec. (c).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1997 Amendments
Section 516(b) of
Section 7001(f) of
"(1)
"(A) October 1, 1997; or
"(B) if later, the date of enactment of this Act [Aug. 5, 1997].
"(2)
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendments
Amendment by
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendments
Amendment by
Section 7001(b)(3) of
Effective Date of 1988 Amendments
Amendment by
Section 108(b)(3) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendments
Amendment by
Amendment by
Effective Date of 1983 Amendment
Section 1256(f) of
Effective Date of 1982 Amendments
Section 303(d)(1) of
"The amendments made by subsections (a) and (b) [amending this section and
Amendment by section 306(d), (e) of
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1975 Amendment
Section 3 of
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1969 Amendment
Section 102(b) of
Amendment by
Effective Date of 1968 Amendment
Amendment by
Contributions to Civil Service Retirement and Disability Fund on Behalf of Nuclear Materials Couriers
Increased Contributions to Federal Civilian Retirement Systems
Section 7001(a)(1), (2) of
"(1)
"(A)
"(i) 8.51 percent of the basic pay of an employee;
"(ii) 9.01 percent of the basic pay of a congressional employee, a law enforcement officer, a member of the Capitol police, or a firefighter; and
"(iii) 9.51 percent of the basic pay of a Member of Congress, a Court of Federal Claims judge, a United States magistrate, a judge of the United States Court of Appeals for the Armed Forces, or a bankruptcy judge;
in lieu of the agency contributions otherwise required under
"(B)
"(2)
"(A) shall not be reduced as a result of the amendments made under paragraph (3) of this subsection; and
"(B) shall be computed as though such amendments had not been enacted."
Offsets To Prevent Full Double Coverage for Employees of Park Police and Secret Service
Section 103(e) of
"(1) any deposits under the District of Columbia Police and Firefighters' Retirement and Disability System shall be adjusted in a manner consistent with
"(2) any benefits payable under the District of Columbia Police and Firefighters' Retirement and Disability System based on the service of any such employee shall be adjusted in a manner consistent with
Refunds of Certain Excess Deductions Taken After 1983 To Offset Employees Under CSRS
Section 128 of
"(a)
"(1) was subject to
"(2) is not eligible to make an election under section 301(b) of the Federal Employees' Retirement System Act of 1986 (
"(3) becomes subject to
"(b)
"(1) for the period beginning on January 1, 1984, and ending on December 31, 1986, for the amount by which—
"(A) the total amount deducted from such individual's basic pay under
"(B) 1.3 percent of such individual's total basic pay for such period; and
"(2) for the period beginning on January 1, 1987, and ending on the day before such individual becomes subject to
"(A) the total amount deducted from such individual's basic pay under
"(B) the total amount which would have been deducted if such individual's basic pay had instead been subject to
"(c)
National Guard Technicians
Amendment by
Cross References
Civil Service Retirement and Disability Fund as trust fund, see
Contributions by Postal Service, see
Section Referred to in Other Sections
This section is referred to in
§8335. Mandatory separation
(a) An air traffic controller shall be separated from the service on the last day of the month in which he becomes 56 years of age. The Secretary, under such regulations as he may prescribe, may exempt a controller having exceptional skills and experience as a controller from the automatic separation provisions of this subsection until that controller becomes 61 years of age. The Secretary shall notify the controller in writing of the date of separation at least 60 days before that date. Action to separate the controller is not effective, without the consent of the controller, until the last day of the month in which the 60-day notice expires.
(b) A firefighter who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which such firefighter becomes 55 years of age or completes 20 years of service if then over that age. A law enforcement officer or nuclear materials courier who is otherwise eligible for immediate retirement under section 8336(c) shall be separated from the service on the last day of the month in which that officer or courier, as the case may be, becomes 57 years of age or completes 20 years of service if then over that age. The head of the agency, when in his judgment the public interest so requires, may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.
(c) An employee of the Alaska Railroad in Alaska and an employee who is a citizen of the United States employed on the Isthmus of Panama by the Panama Canal Commission, who becomes 62 years of age and completes 15 years of service in Alaska or on the Isthmus of Panama shall be automatically separated from the service. The separation is effective on the last day of the month in which the employee becomes age 62 or completes 15 years of service in Alaska or on the Isthmus of Panama if then over that age. The employing office shall notify the employee in writing of the date of separation at least 60 days in advance thereof. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.
(d) A member of the Capitol Police who is otherwise eligible for immediate retirement under section 8336(m) shall be separated from the service on the last day of the month in which such member becomes 57 years of age or completes 20 years of service if then over that age. The Capitol Police Board, when in its judgment the public interest so requires, may exempt such a member from automatic separation under this subsection until that member becomes 60 years of age. The Board shall notify the member in writing of the date of separation at least 60 days in advance thereof. Action to separate the member is not effective, without the consent of the member, until the last day of the month in which the 60-day notice expires.
(e) The President, by Executive order, may exempt an employee (other than a member of the Capitol Police) from automatic separation under this section when he determines the public interest so requires.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 31, 1956, ch. 804, §401 "Sec. 5", Feb. 7, 1964, |
Standard changes are made to conform with the definitions applicable and style of this title as outlined in the preface to the report.
References in Text
For definition of Secretary, referred to in subsec. (a), see
Amendments
1998—Subsec. (b).
1994—Subsec. (d).
1992—Subsec. (b).
1990—Subsec. (b).
Subsec. (d).
Subsec. (e).
1980—Subsec. (a).
1979—Subsec. (c).
1978—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsecs. (f), (g).
1974—Subsec. (g).
1972—Subsec. (f).
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by section 2(60) of
Effective Date of 1990 Amendments
Section 529 [title IV, §409(c)] of
Section 2(b)(1)(B) of
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Nonapplicability of Subsection (a) to Air Traffic Controllers Appointed Before January 1, 1987
"(a)
"(b)
"(1) is an air traffic controller within the meaning of
"(2) is not an air traffic controller within the meaning of
Nonapplicability of Subsection (a) to Department of Defense Air Traffic Controllers Appointed Before September 12, 1980
Section 2 of
Nonapplicability of Subsection (f) to Air Traffic Controllers Appointed Before May 16, 1972
Section 8 of
Cross References
Automatic separations, see
Section Referred to in Other Sections
This section is referred to in
§8336. Immediate retirement
(a) An employee who is separated from the service after becoming 55 years of age and completing 30 years of service is entitled to an annuity.
(b) An employee who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity.
(c)(1) An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer, firefighter, or nuclear materials courier, or any combination of such service totaling at least 20 years, is entitled to an annuity.
(2) An employee is entitled to an annuity if the employee—
(A) was a law enforcement officer or firefighter employed by the Panama Canal Company or the Canal Zone Government at any time during the period beginning March 31, 1979, and ending September 30, 1979; and
(B) is separated from the service before January 1, 2000, after becoming 48 years of age and completing 18 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 18 years.
(d) An employee who—
(1) is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or
(2) while serving in a geographic area designated by the Office of Personnel Management, is separated from the service voluntarily during a period in which the Office determines that—
(A) the agency in which the employee is serving is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and
(B) a significant percent of the employees serving in such agency will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of
after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. For purposes of paragraph (1) of this subsection, separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function shall not be considered to be a removal for cause on charges of misconduct or delinquency. Notwithstanding the first sentence of this subsection, an employee described in paragraph (1) of this subsection is not entitled to an annuity under this subsection if the employee has declined a reasonable offer of another position in the employee's agency for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee's grade (or pay level), and which is within the employee's commuting area.
(e) An employee who is voluntarily or involuntarily separated from the service, except by removal for cause on charges of misconduct or delinquency, after completing 25 years of service as an air traffic controller or after becoming 50 years of age and completing 20 years of service as an air traffic controller, is entitled to an annuity.
(f) An employee who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity.
(g) A Member who is separated from the service after becoming 62 years of age and completing 5 years of civilian service or after becoming 60 years of age and completing 10 years of Member service is entitled to an annuity. A Member who is separated from the service after becoming 55 years of age (but before becoming 60 years of age) and completing 30 years of service is entitled to a reduced annuity. A Member who is separated from the service, except by resignation or expulsion, after completing 25 years of service or after becoming 50 years of age and (1) completing 20 years of service or (2) serving in 9 Congresses is entitled to an annuity.
(h)(1) A member of the Senior Executive Service who is removed from the Senior Executive Service for failure to be recertified as a senior executive under section 3393a or for less than fully successful executive performance (as determined under subchapter II of
(2) A member of the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.
(3) A member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.
(i)(1) An employee of the Panama Canal Commission or of an Executive agency conducting operations in the Canal Zone or Republic of Panama who is separated from the service before January 1, 2000, who was employed by the Canal Zone Government or the Panama Canal Company at any time during the period beginning March 31, 1979, and ending September 30, 1979, and who has had continuous Panama Canal service, without a break in service of more than 3 days, from that time until separation, is entitled to an annuity if the employee is separated—
(A) involuntarily, after completing 20 years of service or after becoming 48 years of age and completing 18 years of service, if the separation is a result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements; or
(B) voluntarily, after completing 23 years of service or after becoming 48 years of age and completing 18 years of service.
(2) An employee of the Panama Canal Commission or of an Executive agency conducting operations in the Canal Zone or Republic of Panama who is separated from the service before January 1, 2000, who was employed, at a permanent duty station in the Canal Zone, by any Executive agency other than the Canal Zone Government or the Panama Canal Company at any time during the period beginning March 31, 1979, and ending September 30, 1979, and who has had continuous Panama Canal service, without a break in service of more than 3 days, from that time until separation, is entitled to an annuity if—
(A) the employee is separated involuntarily, after completing 20 years of service or after becoming 48 years of age and completing 18 years of service; and
(B) the separation is the result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements.
(3) An employee of the Panama Canal Commission employed by that body after September 30, 1979, who is separated from the Panama Canal Commission before January 1, 2000, and who at the time of separation has a minimum of 11 years of continuous employment with the Commission (disregarding any break in service of 3 days or less) is entitled to an annuity if the employee is separated—
(A) involuntarily, after completing 20 years of service or after becoming 48 years of age and completing 18 years of service, if the separation is a result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements; or
(B) voluntarily, after completing 23 years of service or after becoming 48 years of age and completing 18 years of service.
(4) For the purpose of this subsection—
(A) "Panama Canal service" means—
(i) service as an employee of the Canal Zone Government, the Panama Canal Company, or the Panama Canal Commission; or
(ii) service at a permanent duty station in the Canal Zone or Republic of Panama as an employee of an Executive agency conducting operations in the Canal Zone or the Republic of Panama; and
(B) "Executive agency" includes the United States District Court for the District of the Canal Zone and the Smithsonian Institution.
(j)(1) Except as provided in paragraph (3), an employee is entitled to an annuity if he—
(A)(i) is separated from the service after completing 25 years of service or after becoming 50 years of age and completing 20 years of service, or
(ii) is involuntarily separated, except by removal for cause on charges of misconduct or delinquency, during the 2-year period before the date on which he would meet the years of service and age requirements under clause (i),
(B) was employed in the Bureau of Indian Affairs, the Indian Health Service, a tribal organization (to the extent provided in paragraph (2)), or any combination thereof, continuously from December 21, 1972, to the date of his separation, and
(C) is not entitled to preference under the Indian preference laws.
(2) Employment in a tribal organization may be considered for purposes of paragraph (1)(B) of this subsection only if—
(A) the employee was employed by the tribal organization after January 4, 1975, and immediately before such employment he was an employee of the Bureau of Indian Affairs or the Indian Health Service, and
(B) at the time of such employment such employee and the tribal organization were eligible to elect, and elected, to have the employee retain the coverage, rights, and benefits of this chapter under section 105(e)(2) of the Indian Self-Determination Act (
(3)(A) The provisions of paragraph (1) of this subsection shall not apply with respect to any separation of any employee which occurs after the date 10 years after—
(i) the date the employee first meets the years of service and age requirements of paragraph (1)(A)(i), or
(ii) the date of the enactment of this paragraph, if the employee met those requirements before that date.
(B) For purposes of applying this paragraph with respect to any employee of the Bureau of Indian Affairs in the Department of the Interior or of the Indian Health Service in the Department of Health, Education, and Welfare, the Secretary of the department involved may postpone the date otherwise applicable under subparagraph (A) if—
(i) such employee consents to such postponement, and
(ii) the Secretary finds that such postponement is necessary for the continued effective operation of the agency.
The period of any postponement under this subparagraph shall not exceed 12 months and the total period of all postponements with respect to any employee shall not exceed 5 years.
(4) For the purpose of this subsection—
(A) "Bureau of Indian Affairs" means (i) the Bureau of Indian Affairs and (ii) all other organizational units in the Department of the Interior directly and primarily related to providing services to Indians and in which positions are filled in accordance with the Indian preference laws.
(B) "Indian preference laws" means section 12 of the Act of June 18, 1934 (
(k) A bankruptcy judge, United States magistrate, or Court of Federal Claims judge who is separated from service, except by removal, after becoming 62 years of age and completing 5 years of civilian service, or after becoming 60 years of age and completing 10 years of service as a bankruptcy judge, United States magistrate, or Court of Federal Claims judge, is entitled to an annuity.
(l) A judge of the United States Court of Appeals for the Armed Forces who is separated from the service after becoming 62 years of age and completing 5 years of civilian service or after completing the term of service for which he was appointed as a judge of such court is entitled to an annuity. A judge who is separated from the service before becoming 60 years of age is entitled to a reduced annuity.
(m) A member of the Capitol Police who is separated from the service after becoming 50 years of age and completing 20 years of service as a member of the Capitol Police or as a law enforcement officer, or any combination of such service totaling at least 20 years, is entitled to an annuity.
(n) An annuity or reduced annuity authorized by this section is computed under
(
Application of Subsection (d)(2)
(2)(A) has been employed continuously, by the agency in which the employee is serving, for at least the 31-day period ending on the date on which such agency requests the determination referred to in subparagraph (D);
(B) is serving under an appointment that is not time limited;
(C) has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance;
(D) is separated from the service voluntarily during a period in which, as determined by the Office of Personnel Management (upon request of the agency) under regulations prescribed by the Office—
(i) such agency (or, if applicable, the component in which the employee is serving) is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and
(ii) a significant percentage of the employees serving in such agency (or component) will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of
(E) as determined by the agency under regulations prescribed by the Office, is within the scope of the offer of voluntary early retirement, which may be made on the basis of—
(i) one or more organizational units;
(ii) one or more occupational series or levels;
(iii) one or more geographical locations;
(iv) other similar nonpersonal factors the Office determines appropriate; or
(v) any appropriate combination of such factors;
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 31, 1956, ch. 804, §401 "Sec. 6 (less last sentence in (f))", |
||
July 7, 1960, |
||
July 12, 1960, |
Standard changes are made to conform with the definition applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8336(a) 8336(b) |
5 App.: 2256(a). 5 App.: 2256(b). |
July 18, 1966, |
In subsections (a) and (b), the words "is entitled to" are substituted for "shall * * * be paid". The words "computed as provided in section 9" are omitted as unnecessary in view of
References in Text
Section 105(e)(2) of the Indian Self-Determination Act (
The date of the enactment of this paragraph, referred to in subsec. (j)(3)(A)(ii), is Dec. 5, 1979, the date of the enactment of
Amendments
1999—Subsecs. (d)(2), (o).
1998—Subsec. (c)(1).
Subsec. (d)(2).
Subsec. (o).
1994—Subsec. (l).
1992—Subsec. (k).
1990—Subsec. (i)(3), (4).
Subsec. (k).
Subsecs. (m), (n).
1989—Subsec. (h)(1).
Subsec. (h)(2), (3).
1988—Subsec. (h)(3).
1987—Subsec. (k).
1985—Subsec. (j)(3)(A).
1984—Subsec. (d).
Subsec. (k).
Subsec. (l).
Subsec. (m).
1983—Subsecs. (k), (l).
1982—Subsec. (d).
1981—Subsec. (h).
1979—Subsec. (c).
Subsec. (i).
Subsec. (j).
Subsec. (k).
1978—Subsec. (d)(2).
Subsecs. (h), (i).
1975—Subsecs. (d), (g).
1974—Subsec. (c).
1973—Subsec. (d).
1972—Subsec. (c).
Subsecs. (e) to (h).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Secretary and Department of Health, Education, and Welfare redesignated Secretary and Department of Health and Human Services by
Effective Date of 1998 Amendment
Amendment by section 3154(e) of
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1984 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1982 Amendment
Section 308(b) of
Effective Date of 1981 Amendment
Amendment by
Effective Date of 1979 Amendments
Section 1(d) of
Section 1241(b)(1) of
Effective Date of 1978 Amendment
Amendment by section 306 of
Amendment by section 412 of
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1972 Amendment
Amendment by
Termination of United States District Court for the District of the Canal Zone
For termination of the United States District Court for the District of the Canal Zone at end of the "transition period", being the 30-month period beginning Oct. 1, 1979, and ending midnight Mar. 31, 1982, see Paragraph 5 of Article XI of the Panama Canal Treaty of 1977 and sections 2101 and 2201 to 2203(a) of
Indian Preference Laws Applicable to Bureau of Indian Affairs and Indian Health Service Positions
Nonapplicability of annuity provisions of subsec. (j) of this section to individuals accepting waiver of Indian preference laws with respect to personnel actions, see
Individuals Entitled to Annuity Payments for Period Prior to October 1, 1979
Section 1241(b)(2) of
Cross References
Computation of annuity of employees retiring under subsec. (c) of this section, see
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§8337. Disability retirement
(a) An employee who completes 5 years of civilian service and has become disabled shall be retired on the employee's own application or on application by the employee's agency. Any employee shall be considered to be disabled only if the employee is found by the Office of Personnel Management to be unable, because of disease or injury, to render useful and efficient service in the employee's position and is not qualified for reassignment, under procedures prescribed by the Office, to a vacant position which is in the agency at the same grade or level and in which the employee would be able to render useful and efficient service. For the purpose of the preceding sentence, an employee of the United States Postal Service shall be considered not qualified for a reassignment described in that sentence if the reassignment is to a position in a different craft or is inconsistent with the terms of a collective bargaining agreement covering the employee. A judge of the United States Court of Appeals for the Armed Forces who completes 5 years of civilian service and who is found by the Office to be disabled for useful and efficient service as a judge of such court or who is removed for mental or physical disability under
(b) A claim may be allowed under this section only if the application is filed with the Office before the employee or Member is separated from the service or within 1 year thereafter. This time limitation may be waived by the Office for an employee or Member who at the date of separation from service or within 1 year thereafter is mentally incompetent, if the application is filed with the Office within 1 year from the date of restoration of the employee or Member to competency or the appointment of a fiduciary, whichever is earlier.
(c) An annuitant receiving disability retirement annuity from the Fund shall be examined under the direction of the Office—
(1) at the end of 1 year from the date of the disability retirement; and
(2) annually thereafter until he becomes 60 years of age;
unless his disability is permanent in character. If the annuitant fails to submit to examination as required by this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established.
(d) If an annuitant receiving disability retirement annuity from the Fund, before becoming 60 years of age, recovers from his disability, payment of the annuity terminates on reemployment by the Government or 1 year after the date of the medical examination showing the recovery, whichever is earlier. If an annuitant receiving disability retirement annuity from the Fund, before becoming 60 years of age, is restored to an earning capacity fairly comparable to the current rate of pay of the position occupied at the time of retirement, payment of the annuity terminates on reemployment by the Government or 180 days after the end of the calendar year in which earning capacity is so restored, whichever is earlier. Earning capacity is deemed restored if in any calendar year the income of the annuitant from wages or self-employment or both equals at least 80 percent of the current rate of pay of the position occupied immediately before retirement.
(e) If an annuitant whose annuity is terminated under subsection (d) of this section is not reemployed in a position in which he is subject to this subchapter, he is deemed, except for service credit, to have been involuntarily separated from the service for the purpose of this subchapter as of the date of termination of the disability annuity, and after that termination is entitled to annuity under the applicable provisions of this subchapter. If an annuitant whose annuity is heretofore or hereafter terminated because of an earning capacity provision of this subchapter or an earlier statute—
(1) is not reemployed in a position in which he is subject to this subchapter; and
(2) has not recovered from the disability for which he was retired;
his annuity shall be restored at the same rate effective the first of the year following any calendar year in which his income from wages or self-employment or both is less than 80 percent of the current rate of pay of the position occupied immediately before retirement. If an annuitant whose annuity is heretofore or hereafter terminated because of a medical finding that he has recovered from disability is not reemployed in a position in which he is subject to this subchapter, his annuity shall be restored at the same rate effective from the date of medical examination showing a recurrence of the disability. The second and third sentences of this subsection do not apply to an individual who has become 62 years of age and is receiving or is eligible to receive annuity under the first sentence of this subsection.
(f)(1) An individual is not entitled to receive—
(A) an annuity under this subchapter, and
(B) compensation for injury to, or disability of, such individual under subchapter I of
covering the same period of time.
(2) An individual is not entitled to receive an annuity under this subchapter and a concurrent benefit under subchapter I of
(3) Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this subchapter or subchapter I of
(g) If an individual is entitled to an annuity under this subchapter, and the individual receives a lump-sum payment for compensation under section 8135 based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Department of Labor, shall be refunded to that Department for credit to the Employees' Compensation Fund. Before the individual may receive the annuity, the individual shall—
(1) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or
(2) authorize the deduction of the amount from the annuity.
Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Department of Labor for reimbursement to the Employees' Compensation Fund. When the Department of Labor finds that the financial circumstances of an individual entitled to an annuity under this subchapter warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Department determines appropriate.
(h)(1) As used in this subsection, the term "technician" means an individual employed under
(2)(A) Except as provided in subparagraph (B) of this paragraph, an individual shall be retired under this section if the individual—
(i) is separated from employment as a technician under
(ii) is not considered to be disabled under the second sentence of subsection (a) of this section;
(iii) is not appointed to a position in the Government (whether under paragraph (3) of this subsection or otherwise); and
(iv) has not declined an offer of an appointment to a position in the Government under paragraph (3) of this subsection.
(B) Payment of any annuity for an individual pursuant to this subsection terminates—
(i) on the date the individual is appointed to a position in the Government (whether pursuant to paragraph (3) of this subsection or otherwise);
(ii) on the date the individual declines an offer of appointment to a position in the Government under paragraph (3); or
(iii) as provided under subsection (d).
(3) Any individual applying for or receiving any annuity pursuant to this subsection shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if—
(A) the position is located within the commuting area of the individual's former position;
(B) the individual is qualified to serve in such position, as determined by the head of the agency; and
(C) the position is at the same grade or equivalent level as the position from which the individual was separated under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 31, 1956, ch. 804, §401 "Sec. 7", Oct. 4, 1961, |
In subsection (c), the words "receiving disability retirement annuity from the Fund" are coextensive with and substituted for "retired under this section or under section 6 of the Act of May 29, 1930, as amended".
In subsection (g), the words "Notwithstanding any provision of law to the contrary" are omitted as unnecessary. The words "Employees' Compensation Fund" are substituted for "Federal Employees' Compensation Fund" to conform to the title of that Fund as set forth in section 8147.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section amends
Amendments
1999—Subsec. (h)(1).
Subsec. (h)(2)(A)(i).
Subsec. (h)(3)(C).
1997—Subsec. (a).
1994—Subsec. (a).
1992—Subsec. (a).
1990—Subsec. (a).
1989—Subsec. (a).
1988—Subsec. (f).
Subsec. (g).
"(1) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or
"(2) authorize the deduction of that amount from the annuity payable to him under this subchapter, which amount shall be transmitted to the Department of Labor for reimbursement to the Employees' Compensation Fund.
Deductions from the annuity may be made from accrued and accruing payments. When the Department of Labor finds that the financial circumstances of the annuitant warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as that Department determines."
1983—Subsec. (a).
1982—Subsec. (d).
Subsec. (h).
1980—Subsec. (a).
1978—Subsecs. (a) to (c).
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1988 Amendment
Section 124(c) of
"(1)
"(2)
Effective Date of 1982 Amendment
Section 302(c) of
"(1) Except as provided in paragraphs (2) and (3), the amendments made by subsections (a) and (b) [amending this section and
"(2) The amendments made by paragraphs (1) and (2) of subsection (a) [amending this section] shall take effect with respect to income earned after December 31, 1982.
"(3) Subsection (h) of
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Cross References
Computation of annuities for Members and employees retiring under this section, see
Section Referred to in Other Sections
This section is referred to in
§8338. Deferred retirement
(a) An employee who is separated from the service or transferred to a position in which he does not continue subject to this subchapter after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years.
(b) A Member who, after December 31, 1955, is separated from the service as a Member after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A Member who is separated from the service after completing 10 or more years of Member service is entitled to an annuity beginning at the age of 60 years. A Member who is separated from the service after completing 20 or more years of service, including 10 or more years of Member service, is entitled to a reduced annuity beginning at the age of 50 years.
(c) A judge of the United States Court of Appeals for the Armed Forces who is separated from the service after completing 5 years of civilian service is entitled to an annuity beginning at the age of 62 years. A judge of such court who is separated from the service after completing the term of service for which he was appointed is entitled to an annuity. If an annuity is elected before the judge becomes 60 years of age, it shall be a reduced annuity.
(d) An annuity or reduced annuity authorized by this section is computed under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 31, 1956, ch. 804, §401 "Sec. 8", July 7, 1960, July 12, 1960, |
In subsection (b), the words "after December 31, 1955" are substituted for "on or after January 1, 1956". The word "hereafter" is omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section amends
Amendments
1994—Subsec. (c).
1983—Subsecs. (c), (d).
Savings Provisions Deferred Annuities Under Laws Repealed by Pub. L. 90–83
Section Referred to in Other Sections
This section is referred to in
§8339. Computation of annuity
(a) Except as otherwise provided by this section, the annuity of an employee retiring under this subchapter is—
(1) 1½ percent of his average pay multiplied by so much of his total service as does not exceed 5 years; plus
(2) 1¾ percent of his average pay multiplied by so much of his total service as exceeds 5 years but does not exceed 10 years; plus
(3) 2 percent of his average pay multiplied by so much of his total service as exceeds 10 years.
However, when it results in a larger annuity, 1 percent of his average pay plus $25 is substituted for the percentage specified by paragraph (1), (2), or (3) of this subsection, or any combination thereof.
(b) The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had—
(1) at least 5 years' service as a Congressional employee or Member or any combination thereof; and
(2) deductions withheld from his pay or has made deposit covering his last 5 years of civilian service;
his annuity is computed with respect to his service as a Congressional employee, his military service not exceeding 5 years, and any Member service, by multiplying 2½ percent of his average pay by the years of that service.
(c) The annuity of a Member, or former Member with title to Member annuity, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had at least 5 years' service as a Member or Congressional employee or any combination thereof, his annuity is computed with respect to—
(1) his service as a Member and so much of his military service as is creditable for the purpose of this paragraph; and
(2) his Congressional employee service;
by multiplying 2½ percent of his average pay by the years of that service.
(d)(1) The annuity of an employee retiring under
(A) 2½ percent of his average pay multiplied by so much of his total service as does not exceed 20 years; plus
(B) 2 percent of his average pay multiplied by so much of his total service as exceeds 20 years.
(2) The annuity of an employee retiring under this subchapter who was employed by the Panama Canal Company or Canal Zone Government on September 30, 1979, is computed with respect to the period of continuous Panama Canal service from that date, disregarding any break in service of not more than 3 days, by adding—
(A) 2½ percent of the employee's average pay multiplied by so much of that service as does not exceed 20 years; plus
(B) 2 percent of the employee's average pay multiplied by so much of that service as exceeds 20 years.
(3) The annuity of an employee retiring under this subchapter who is employed by the Panama Canal Commission at any time during the period beginning October 1, 1990, and ending December 31, 1999, is computed, with respect to any period of service with the Panama Canal Commission, by adding—
(A) 2½ percent of the employee's average pay multiplied by so much of that service as does not exceed 20 years; plus
(B) 2 percent of the employee's average pay multiplied by so much of that service as exceeds 20 years.
(4)(A) In the case of an employee who has service as a law enforcement officer or firefighter to which paragraph (2) of this subsection applies, the annuity of that employee is increased by $8 for each full month of that service which is performed in the Republic of Panama.
(B) In the case of an employee retiring under this subchapter who—
(i) was employed as a law enforcement officer or firefighter by the Panama Canal Company or Canal Zone Government at any time during the period beginning March 31, 1979, and ending September 30, 1979; and
(ii) does not meet the age and service requirements of
the annuity of that employee is increased by $12 for each full month of that service which occurred before October 1, 1979.
(C) An annuity increase under this paragraph does not apply with respect to service performed after completion of 20 years of service (or any combination of service) as a law enforcement officer or firefighter.
(5) For the purpose of this subsection—
(A) "Panama Canal service" means—
(i) service as an employee of the Panama Canal Commission; or
(ii) service at a permanent duty station in the Canal Zone or Republic of Panama as an employee of an Executive agency conducting operations in the Canal Zone or Republic of Panama; and
(B) "Executive agency" includes the Smithsonian Institution.
(6) The annuity of an employee retiring under
(A) 2½ percent of the employee's average pay multiplied by so much of the employee's service on or after that date as does not exceed 20 years; plus
(B) 2 percent of the employee's average pay multiplied by so much of the employee's service on or after that date as exceeds 20 years.
(7) The annuity of an employee who is a judge of the United States Court of Appeals for the Armed Forces, or a former judge of such court, retiring under this subchapter is computed under subsection (a) of this section, except, with respect to his service as a judge of such court, his service as a Member, his congressional employee service, and his military service (not exceeding 5 years) creditable under
(e) The annuity of an employee retiring under
(f) The annuity computed under subsections (a)–(e), (n), (q), and (r) may not exceed 80 percent of—
(1) the average pay of the employee; or
(2) the greatest of—
(A) the final basic pay of the Member;
(B) the average pay of the Member; or
(C) the final basic pay of the appointive position of a former Member who elects to have his annuity computed or recomputed under
(g) The annuity of an employee or Member retiring under
(1) 40 percent of his average pay; or
(2) the sum obtained under subsections (a)–(c), (n), (q), or (r) after increasing his service of the type last performed by the period elapsing between the date of separation and the date he becomes 60 years of age.
However, if an employee or Member retiring under
(h) The annuity computed under subsections (a), (b), (d)(5), and (f) of this section for an employee retiring under
(i) For the purposes of subsections (a)–(h), (n), (q), and (r), the total service of any employee or Member shall not include any period of civilian service after July 31, 1920, for which retirement deductions or deposits have not been made under
(1) the employee or Member makes a deposit for such period as provided in section 8334(c) or (d)(1) of this title; or
(2) no deposit is required for such service, as provided under
(j)(1) The annuity computed under subsections (a)–(i), (n), (q), and (r) (or a portion of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management) for an employee or Member who is married at the time of retiring under this subchapter is reduced as provided in paragraph (4) of this subsection in order to provide a survivor annuity for the spouse under
(A) that the spouse's whereabouts cannot be determined, or
(B) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse's consent would otherwise be inappropriate.
(2) If an employee or Member has a former spouse who is entitled to a survivor annuity as provided in
(3) An employee or Member who has a former spouse may elect, under procedures prescribed by the Office, to have the annuity computed under subsections (a)–(i), (n), (q), and (r) or a portion thereof reduced as provided in paragraph (4) of this subsection in order to provide a survivor annuity for such former spouse under
(A) shall not be effective to the extent that it—
(i) conflicts with—
(I) any court order or decree referred to in subsection (h)(1) of
(II) any agreement referred to in such subsection which was entered into before such date; or
(ii) would cause the total of survivor annuities payable under subsections (b), (d), (f), and (h) of
(B) shall not be effective, in the case of an employee or Member who is then married, unless it is made with the spouse's written consent.
The Office shall provide by regulation that subparagraph (B) of this paragraph may be waived for either of the reasons set forth in the last sentence of paragraph (1) of this subsection. In the case of a retired employee or Member whose annuity is being reduced in order to provide a survivor annuity for a former spouse, an election to provide or increase a survivor annuity for any other former spouse (and to continue an appropriate reduction) may be made within the same period that, and subject to the same conditions under which, an election could be made under paragraph (5)(B) of this subsection for a current spouse (subject to the provisions of this paragraph relating to consent of a current spouse, if the retired employee or Member is then married). The opportunity to make an election under the preceding sentence is in addition to any opportunity otherwise afforded under this paragraph.
(4) In order to provide a survivor annuity or combination of survivor annuities under subsections (b), (d), (f), and (h) of
(5)(A) Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member shall be terminated for each full month—
(i) after the death of the spouse, or
(ii) after the dissolution of the spouse's marriage to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse is entitled, as a former spouse, to a survivor annuity under
(B) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies. This reduction shall be replaced by an appropriate reduction or reductions under paragraph (4) of this subsection if the retired employee or Member has (i) another former spouse who is entitled to a survivor annuity under
(C)(i) Upon remarriage, a retired employee or Member who was married at the time of retirement (including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee or Member's spouse or former spouse as of the time of retirement) may irrevocably elect during such marriage, in a signed writing received by the Office within 2 years after such remarriage or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under
(ii) Such election and reduction shall be effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the remarriage, and the retired employee or Member shall deposit in the Fund an amount determined by the Office of Personnel Management, as nearly as may be administratively feasible, to reflect the amount by which the annuity of such retired employee or Member would have been reduced if the election had been in effect since the date of retirement or, if later, the date the previous reduction in such retired employee or Member's annuity was terminated under subparagraph (A) or (B) of this paragraph, plus interest. For the purposes of the preceding sentence, the annual rate of interest for each year during which an annuity would have been reduced if the election had been in effect on and after the applicable date referred to in such sentence shall be 6 percent.
(iii) The Office shall, by regulation, provide for payment of the deposit required under clause (ii) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under clause (ii), except that total reductions in the annuity of an employee or Member to pay deposits required by the provisions of this paragraph or paragraph (3) shall not exceed 25 percent of the annuity computed under subsections (a) through (i), (n), (q), and (r), including adjustments under section 8340. The reduction required by this clause, which shall be effective on the same date as the election under clause (i), shall be permanent and unaffected by any future termination of the marriage. Such reduction shall be independent of and in addition to the reduction required under clause (i).
(iv) Notwithstanding any other provision of this subparagraph, an election under this subparagraph may not be made for the purpose of providing an annuity in the case of a spouse by remarriage if such spouse was married to the employee or Member at the time of such employee or Member's retirement, and all rights to survivor benefits for such spouse under this subchapter based on marriage to such employee or Member were then waived under paragraph (1) of this subsection or a similar prior provision of law.
(v) An election to provide a survivor annuity to a person under this subparagraph—
(I) shall prospectively void any election made by the employee or Member under subsection (k)(1) of this section with respect to such person; or
(II) shall, if an election was made by the employee or Member under such subsection (k)(1) with respect to a different person, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subparagraph.
(vi) The deposit provisions of clauses (ii) and (iii) of this subparagraph shall not apply if—
(I) the employee or Member makes an election under this subparagraph after having made an election under subsection (k)(1) of this section; and
(II) the election under such subsection (k)(1) becomes void under clause (v) of this subparagraph.
(k)(1) At the time of retiring under
(2)(A) An employee or Member, who is unmarried at the time of retiring under a provision of law which permits election of a reduced annuity with a survivor annuity payable to such employee or Member's spouse and who later marries, may irrevocably elect, in a signed writing received in the Office within 2 years after such employee or Member marries or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under
(B)(i) The election and reduction shall take effect on the first day of the first month beginning after the expiration of the 9-month period beginning on the date of marriage. Any such election to provide a survivor annuity for a person—
(I) shall prospectively void any election made by the employee or Member under paragraph (1) of this subsection with respect to such person; or
(II) shall, if an election was made by the employee or Member under such paragraph with respect to a different person, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this paragraph.
(ii) The retired employee or Member shall deposit in the Fund an amount determined by the Office of Personnel Management, as nearly as may be administratively feasible, to reflect the amount by which the retired employee or Member's annuity would have been reduced under subsection (j)(4) of this section since the commencing date of the annuity, if the employee or Member had been married at the time of retirement and had elected to provide a survivor annuity at that time, plus interest. For the purposes of the preceding sentence, the annual rate of interest for each year during which the annuity would have been reduced if the election had been in effect since the date of the annuity commenced shall be 6 percent.
(C) The Office shall, by regulation, provide for payment of the deposit required under subparagraph (B)(ii) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under subparagraph (B)(ii), except that total reductions in the annuity of an employee or Member to pay deposits required by this subsection or subsection (j)(3) shall not exceed 25 percent of the annuity computed under subsections (a) through (i), (n), (q), and (r), including adjustments under section 8340. The reduction required by this subparagraph, which shall be effective on the same date as the election under subparagraph (A), shall be permanent and unaffected by any future termination of the marriage. Such reduction shall be independent of and in addition to the reduction required under subparagraph (A).
(D) Subparagraphs (B)(ii) and (C) of this paragraph shall not apply if—
(i) the employee or Member makes an election under this paragraph after having made an election under paragraph (1) of this subsection; and
(ii) the election under such paragraph (1) becomes void under subparagraph (B)(i) of this paragraph.
(l) The annuity computed under subsections (a)–(k), (n), (q), and (r) for an employee who is a citizen of the United States is increased by $36 for each year of service in the employ of—
(1) the Alaska Engineering Commission, or The Alaska Railroad, in Alaska between March 12, 1914, and July 1, 1923; or
(2) the Isthmian Canal Commission, or the Panama Railroad Company, on the Isthmus of Panama between May 4, 1904, and April 1, 1914.
(m) In computing any annuity under subsections (a)–(e), (n), (q), and (r), the total service of an employee who retires on an immediate annuity or dies leaving a survivor or survivors entitled to annuity includes, without regard to the limitations imposed by subsection (f) of this section, the days of unused sick leave to his credit under a formal leave system, except that these days will not be counted in determining average pay or annuity eligible under this subchapter. For the purpose of this subsection, in the case of any such employee who is excepted from subchapter I of
(n) The annuity of an employee who is a Court of Federal Claims judge, bankruptcy judge, or United States magistrate is computed, with respect to service as a Court of Federal Claims judge, as a commissioner of the Court of Claims, as a referee in bankruptcy, as a bankruptcy judge, as a United States magistrate, and as a United States commissioner, and with respect to the military service of any such individual (not exceeding 5 years) creditable under
(o)(1)(A) An employee or Member—
(i) who, at the time of retirement, is married, and
(ii) who notifies the Office at such time (in accordance with subsection (j)) that a survivor annuity under
may, during the 18-month period beginning on the date of the retirement of such employee or Member, elect to have a reduction under subsection (j) made in the annuity of the employee or Member (or in such portion thereof as the employee or Member may designate) in order to provide a survivor annuity for the spouse of such employee or Member.
(B) An employee or Member—
(i) who, at the time of retirement, is married, and
(ii) who at such time designates (in accordance with subsection (j)) that a limited portion of the annuity of such employee or Member is to be used as the base for a survivor annuity under
may, during the 18-month period beginning on the date of the retirement of such employee or Member, elect to have a greater portion of the annuity of such employee or Member so used.
(2)(A) An election under subparagraph (A) or (B) of paragraph (1) of this subsection shall not be considered effective unless the amount specified in subparagraph (B) of this paragraph is deposited into the Fund before the expiration of the applicable 18-month period under paragraph (1).
(B) The amount to be deposited with respect to an election under this subsection is an amount equal to the sum of—
(i) the additional cost to the System which is associated with providing a survivor annuity under subsection (b)(2) of this section and results from such election taking into account (I) the difference (for the period between the date on which the annuity of the participant or former participant commences and the date of the election) between the amount paid to such participant or former participant under this subchapter and the amount which would have been paid if such election had been made at the time the participant or former participant applied for the annuity, and (II) the costs associated with providing for the later election; and
(ii) interest on the additional cost determined under clause (i) of this subparagraph computed using the interest rate specified or determined under
(3) An election by an employee or Member under this subsection voids prospectively any election previously made in the case of such employee or Member under subsection (j).
(4) An annuity which is reduced in connection with an election under this subsection shall be reduced by the same percentage reductions as were in effect at the time of the retirement of the employee or Member whose annuity is so reduced.
(5) Rights and obligations resulting from the election of a reduced annuity under this subsection shall be the same as the rights and obligations which would have resulted had the employee or Member involved elected such annuity at the time of retiring.
(6) The Office shall, on an annual basis, inform each employee or Member who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable to such election.
(p)(1) In computing an annuity under this subchapter for an employee whose service includes service that was performed on a part-time basis—
(A) the average pay of the employee, to the extent that it includes pay for service performed in any position on a part-time basis, shall be determined by using the annual rate of basic pay that would be payable for full-time service in the position; and
(B) the benefit so computed shall then be multiplied by a fraction equal to the ratio which the employee's actual service, as determined by prorating an employee's total service to reflect the service that was performed on a part-time basis, bears to the total service that would be creditable for the employee if all of the service had been performed on a full-time basis.
(2) For the purpose of this subsection, employment on a part-time basis shall not be considered to include employment on a temporary or intermittent basis.
(q) The annuity of a member of the Capitol Police, or former member of the Capitol Police, retiring under this subchapter is computed in accordance with subsection (b), except that, in the case of a member who retires under section 8335(d) or 8336(m), and who meets the requirements of subsection (b)(2), the annuity of such member is—
(1) 2½ percent of the member's average pay multiplied by so much of such member's total service as does not exceed 20 years; plus
(2) 2 percent of the member's average pay multiplied by so much of such member's total service as exceeds 20 years.
(r) The annuity of a Member who has served in a position in the executive branch for which the rate of basic pay was reduced for the duration of the service of the Member in that position to remove the impediment to the appointment of the Member imposed by article I, section 6, clause 2 of the Constitution, shall, subject to a deposit in the Fund as provided under section 8334(m), be computed as though the rate of basic pay which would otherwise have been in effect during that period of service had been in effect.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 31, 1956, ch. 804, §401 "Sec. 9", |
||
July 7, 1960, |
||
July 12, 1960, |
||
Oct. 4, 1961, |
||
Oct. 11, 1962, |
The section is reorganized to eliminate repetition.
In subsection (f)(2), the words "service of the type last performed" are substituted for "total service" in former section 2259(a), "service as a Congressional employee" in former section 2259(b), and "Member service" in former section 2259(c).
In subsection (i), the words "by the employee or Member at the time of retirement" are added on authority of former section 2260(a)(1), which is carried into section 8341(b).
In subsection (j), the words "an annuity computed as provided in
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8339(g) | 5 App.: 2259(d). | July 18, 1966, |
References in Text
Amendments
1999—Subsec. (h).
1998—Subsec. (h).
1997—Subsec. (f).
Subsec. (g).
Subsecs. (i) to (m).
Subsec. (r).
1996—Subsec. (d)(7).
1994—Subsec. (d)(6).
Subsec. (h).
1993—Subsec. (j)(3).
Subsec. (j)(5)(C)(ii).
Subsec. (j)(5)(C)(iii).
Subsec. (k)(2)(B)(ii).
Subsec. (k)(2)(C).
1992—Subsec. (n).
Subsecs. (o), (p).
1991—Subsec. (g).
Subsec. (n).
1990—Subsec. (d)(3) to (7).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (g)(2).
Subsec. (i).
Subsec. (i)(1).
Subsec. (j).
Subsec. (k)(1).
Subsec. (l).
Subsec. (m).
Subsec. (n).
Subsec. (q).
1989—Subsec. (h).
1987—Subsec. (n).
1986—Subsec. (j)(3).
Subsec. (j)(5)(B).
"(B)(i) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies, unless the employee or Member elects, within 2 years after the former spouse's death or remarriage, to continue the reduction in order to provide a survivor annuity or increase the survivor annuity for the current spouse of the retired employee or Member.
"(ii) Notwithstanding clause (i) of this subparagraph—
"(I) a reduction in an annuity shall not be terminated under such clause, and
"(II) an election made under such clause with respect to a current spouse after a remarriage before age 55 or the death of a former spouse shall not be effective,
if, and to the extent that, continuation of the reduction is necessary in order to provide for any survivor annuity, or any increase in a survivor annuity, which becomes payable under
Subsec. (j)(5)(C)(v), (vi).
Subsec. (k)(1).
Subsec. (k)(2)(B)(i).
Subsec. (k)(2)(B)(ii).
Subsec. (k)(2)(D).
Subsec. (o).
1984—Subsec. (f).
Subsec. (g).
Subsec. (j)(1).
Subsec. (j)(2).
Subsec. (j)(3) to (5).
Subsec. (k)(1).
Subsec. (k)(2).
Subsec. (l).
Subsec. (m).
Subsec. (n).
1983—Subsec. (d)(6).
Subsec. (h).
1982—Subsec. (e).
Subsec. (i).
1980—Subsec. (g).
Subsec. (j).
1979—Subsec. (d).
Subsec. (d)(5).
Subsec. (h).
Subsecs. (n), (o).
1978—Subsec. (d).
Subsec. (f).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Subsec. (k).
Subsec. (k)(1).
Subsec. (k)(2).
Subsec. (l).
Subsec. (m).
Subsec. (o).
1976—Subsec. (f)(2)(C).
1975—Subsecs. (m), (n).
1974—Subsec. (d).
Subsec. (f)(2).
Subsec. (j).
1972—Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (j).
Subsec. (k).
Subsec. (l).
Subsec. (m).
Subsec. (n).
1971—Subsec. (i).
Subsec. (j).
1969—Subsec. (b).
Subsec. (c)(2).
Subsec. (f).
Subsec. (i).
Subsec. (m).
1968—Subsec. (l).
1967—Subsec. (e)(2).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1993 Amendment
Section 11004(c) of
"(1)
"(2)
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendments
Amendment by
Amendment by
Section 2(c)(2) of
"(A) The amendment made by paragraph (1) [amending this section] shall take effect 4 years after the date of enactment of this Act [Oct. 15, 1990], and shall apply with respect to any annuity, entitlement to which is based on a separation occurring on or after that effective date, subject to subparagraph (B).
"(B) Nothing in this subsection or in the amendment made by this subsection [amending this section] shall, with respect to any service performed before the effective date of such amendment, have the effect of reducing the percentage applicable in computing any portion of an annuity based on such service below the percentage which would otherwise apply if this Act had not been enacted."
Effective Date of 1989 Amendment
Amendment by
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendments
Section 15204(b), formerly 15204(c), of
Section 203(d) of
Section 307(b) of
"(1) The amendment made by subsection (a) [amending this section] shall take effect 3 months after the date of the enactment of this Act [Feb. 27, 1986].
"(2)(A) Subject to subparagraph (B), the amendment made by subsection (a) shall apply with respect to employees and Members who retire before, on, or after such amendment first takes effect.
"(B) For the purpose of applying the provisions of paragraph (1) of
"(i) the period referred to in subparagraph (A) or (B) of such paragraph (as the case may be) shall be considered to begin on the date on which such amendment first becomes effective; and
"(ii) the amount referred to in paragraph (2) of such section 8339(o) shall be computed without regard to the provisions of subparagraph (B)(ii) of such paragraph (relating to interest).
"(3) For purposes of this subsection, the terms 'employee' and 'Member' each has the meaning given that term in
Effective Date of 1984 Amendments
Amendment by
Amendment by
Amendment by
Effective Date of 1982 Amendments
Section 151(h)(3) of
Amendment by
Effective Date of 1980 Amendments
Section 404(c) of
Section 3 of
Effective Date of 1979 Amendments
Amendment by
Section 1242(b)(1) of
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Amendment by section 412(b) of
Amendment by section 906(a)(2), (3) of
Amendment by
Effective Date of 1978 Amendments; Survivor Annuities Subject to Reduction, Etc.
Section 4 of
"(a) This act [amending this section and
"(1) the first day of the first month which begins on or after the date of the enactment of this Act [July 10, 1978], or
"(2) October 1, 1978,
whichever is later.
"(b) Except as provided under subsection (c) of this section, the amendments made by the first section and section 2 of this Act [amending this section and
"(c) The amendments made by the first section of this Act [amending this section and
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1975 Amendment
Amendment by
Effective Date of 1974 Amendments
Section 2 of
Amendment by
Section 2(b) of
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1971 Amendment
Section 5(b) of
Section 5(c) of
Effective Date of 1969 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Individuals Entitled to Annuity Payments for Period Prior to October 1, 1979
Section 1242(b)(2) of
Annual Notice to Annuitant of Rights of Election Under Subsecs. (j) and (k)(2) of This Section
Section 3 of
Increase in Annuity for Employees or Members Separated From Civil Service Prior to Oct. 20, 1969
Section 2(a) of
Section 3 of
1970 Increase in Pay Rates of Certain Employees of the Legislative Branch
Adjustment by the President pro tempore of the Senate with respect to the United States Senate, by the Finance Clerk of the House of Representatives with respect to the United States House of Representatives, and by the Architect of the Capitol with respect to the Office of the Architect of the Capitol, effective on the first day of the first pay period which begins on or after Dec. 27, 1969, of the rates of pay of employees of the legislative branch subject to section 214 of
1967 Increase in Compensation as Part of Basic Pay Rate
Section 214(d) of
1962 Increase in Annuities
Section 1101 of
"(a) The annuity of each person who, on the effective date of this section [Jan. 1, 1963], is receiving or entitled to receive an annuity from the civil service retirement and disability fund shall be increased by 5 per centum of the amount of such annuity.
"(b) The annuity of each person who receives or is entitled to receive an annuity from the civil service retirement and disability fund commencing during the period which begins on the day following the effective date of this section [Jan. 1, 1963] and ends five years after such date, shall be increased in accordance with the following table:
"If the annuity commences between— | The annuity shall be increased by— |
---|---|
"January 2, 1963, and December 31, 1963 | 4 per centum |
"January 1, 1964, and December 31, 1964 | 3 per centum |
"January 1, 1965, and December 31, 1965 | 2 per centum |
"January 1, 1966, and December 31, 1966 | 1 per centum |
"(c) In lieu of any other increase provided by this section, the annuity of a survivor of a retired employee or Member of Congress who received an increase under this section shall be increased by a percentage equal to the percentage by which the annuity of such employee or Member was so increased.
"(d) No increase provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions.
"(e) The limitation reading 'or (3) the sum necessary to increase such annuity, exclusive of annuity purchased by voluntary contributions under the second paragraph of section 10 of this Act, to $2,160' contained in section 8(c)(1) of the Civil Service Retirement Act of May 29, 1930, as amended by the Acts of July 16, 1952 (
"(f) The limitation contained in the next to the last sentence of section 8(d)(1) of the Civil Service Retirement Act of May 29, 1930, as amended, as enacted by the Act of August 11, 1955 (
"(g) The increases provided by this section shall take effect on the effective date of this section [Jan. 1, 1963], except that any increase under subsection (b) or (c) shall take effect on the beginning date of the annuity.
"(h) The monthly installment of annuity after adjustment under this section shall be fixed at the nearest dollar".
Section 1104 of
1958 Increase in Annuities
"That (a) the annuity of each retired employee or Member of Congress who, on August 1, 1958, is receiving or entitled to receive an annuity from the civil service retirement and disability fund based on service which terminated prior to October 1, 1956, shall be increased by 10 per centum, but no such increase shall exceed $500 per annum.
"(b) The annuity otherwise payable from the civil service retirement and disability fund to—
"(1) each survivor who on August 1, 1958, is receiving or entitled to receive an annuity based on service which terminated prior to October 1, 1956, and
"(2) each survivor of a retired employee or Member of Congress described in subsection (a) of this section,
shall be increased by 10 per centum. No increase provided by this subsection shall exceed $250 per annum.
"(c) No increase provided by this section shall be computed on any additional annuity purchased at retirement by voluntary contributions.
"
"(1) who had completed at least ten years of service creditable for civil service retirement purposes.
"(2) who (A) died February 29, 1948, or (B), if retired under the Alaska Railroad Retirement Act of June 29, 1936, as amended, or under sections 91 to 107, inclusive, of title 2 of the Canal Zone Code, approved June 19, 1934, as amended, died before April 1, 1948; and
"(3) who was at the time of his death
(A) subject to an Act under which annuities granted before February 20, 1948, were or are now payable from the civil service retirement and disability fund or (B) retired under such an Act,
(B) etc.
shall be entitled to receive an annuity. In order to qualify for such annuity, the widow or widower shall have been married to the employee for at least five years immediately prior to his death and must be not entitled to any other annuity from the civil service retirement and disability fund based on the service of such employee. Such annuity shall be equal to one-half of the annuity which the employee was receiving on the date of his death if retired, or would have been receiving if he had been retired for disability on the date of his death, but shall not exceed $750 per annum and shall not be increased by the provisions of this or any other prior law. Any annuity granted under this section shall cease upon the death or remarriage of the widow or widower.
"
"(b) An annuity provided by section 2 of this Act shall commence on August 1, 1958, or on the first day of the month in which application for such annuity is received in the Civil Service Commission, whichever occurs later.
"
"(c) The monthly installment of each annuity increased or provided by this Act shall be fixed at the nearest dollar.
"
"(b) No increase in annuity provided by this Act or any prior provision of law shall apply in the case of any retired employee who exercises the option permitted by subsection (a) of this section."
1962 and 1958 Increases in Annuities; Clarification
Payment of Annuities to Certain Unremarried Widows or Widowers of Employees Retired Under Railroad Retirement Act or Canal Zone Code
Section 3(b), (c) of
Estimates of Appropriations for Reimbursing Fund for Amounts Paid Under 1958 Increase in Annuities
Annuity of Director of FBI
National Guard Technicians
Amendment by
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§8340. Cost-of-living adjustment of annuities
(a) For the purpose of this section—
(1) the term "base quarter", as used with respect to a year, means the calendar quarter ending on September 30, of such year; and
(2) the price index for a base quarter is the arithmetical mean of such index for the 3 months comprising such quarter.
(b) Except as provided in subsection (c) of this section, effective December 1 of each year, each annuity payable from the Fund having a commencing date not later than such December 1 shall be increased by the percent change in the price index for the base quarter of such year over the price index for the base quarter of the preceding year in which an adjustment under this subsection was made, adjusted to the nearest 1/10 of 1 percent.
(c) Eligibility for an annuity increase under this section is governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows:
(1) The first increase (if any) made under subsection (b) of this section to an annuity which is payable from the Fund to an employee or Member who retires, to the widow, widower, or former spouse,1 of a deceased employee or Member, or to the widow, widower, former spouse, or insurable interest designee of a deceased annuitant whose annuity has not been increased under this subsection or subsection (b) of this section, shall be equal to the product (adjusted to the nearest 1/10 of 1 percent) of—
(A) 1/12 of the applicable percent change computed under subsection (b) of this section, multiplied by
(B) the number of months (not to exceed 12 months, counting any portion of a month as a month)—
(i) for which the annuity was payable from the Fund before the effective date of the increase, or
(ii) in the case of a widow, widower, former spouse, or insurable interest designee of a deceased annuitant whose annuity has not been so increased, since the annuity was first payable to the deceased annuitant.
(2) Effective from its commencing date, an annuity payable from the Fund to an annuitant's survivor (except a child entitled under
(3) For the purpose of computing the annuity of a child under
(d) This section does not authorize an increase in an additional annuity purchased at retirement by voluntary contributions.
(e) The monthly installment of annuity after adjustment under this section shall be rounded to the next lowest dollar. However, the monthly installment shall after adjustment reflect an increase of at least $1.
(f) Effective September 1, 1966, or on the commencing date of annuity, whichever is later, the annuity of each surviving spouse whose entitlement to annuity payable from the Fund resulted from the death of—
(1) an employee or Member before October 11, 1962; or
(2) a retired employee or Member whose retirement was based on a separation from service before October 11, 1962;
is increased by 10 percent.
(g)(1) An annuity shall not be increased by reason of any adjustment under this section to an amount which exceeds the greater of—
(A) the maximum pay payable for GS–15 30 days before the effective date of the adjustment under this section; or
(B) the final pay (or average pay, if higher) of the employee or Member with respect to whom the annuity is paid, increased by the overall annual average percentage adjustments (compounded) in rates of pay of the General Schedule under subchapter I of
(i) beginning on the date the annuity commenced (or, in the case of a survivor of the retired employee or Member, the date the employee's or Member's annuity commenced), and
(ii) ending on the effective date of the adjustment under this section.
(2) For the purposes of paragraph (1) of this subsection, "pay" means the rate of salary or basic pay as payable under any provision of law, including any provision of law limiting the expenditure of appropriated funds.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 31, 1956, ch. 804, §401 "Sec. 18"; added Oct. 11, 1962, |
In subsection (a), the words "After January 1, 1964" and "other than 1964" and subsection (a)(1) of former section 2268, are omitted as executed.
In subsection (b), the words "subsection (a) of this section" are substituted for "subsection (a)(1) or (a)(2) of this section" since subsection (a)(1) has been omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8340(a) 8340(b) 8340(c) 8340(d) |
5 App.: 2268(a), (f). 5 App.: 2268(b). 5 App.: 2268(c). 5 App.: 2268(d). |
Sept. 27, 1965, Nov. 1, 1965, |
8340(e) 8340(f) |
5 App.: 2268(e). 5 App.: 2268(g). |
July 18, 1966, |
In subsection (a), the words "Effective December 1, 1965 * * * before December 2, 1965," are substituted for "Effective the first day of the third month which begins after the date of enactment of this amendment * * * not later than such effective date." In clause (1), the words "month of July 1965" are substituted for "month latest published on date of enactment of this amendment" for clarity and since the July 1965 price index was the price index for the month latest published on September 27, 1965, the date of enactment of the amendment. The word "base" is inserted before "month of July 1965" for clarity and on authority of the second sentence of
In the first sentence of subsection (b), the words "after the first increase under this section," following "Each month," are omitted as executed and unnecessary.
In subsection (f), the words "September 1, 1966," are substituted for "the first day of the second month after the enactment of this subsection."
References in Text
Section 8 of the Act of May 29, 1930, as amended to July 6, 1950, referred to in subsec. (c)(2), is the predecessor of
Amendments
1986—Subsec. (c)(1).
1984—Subsec. (a).
Subsec. (b).
Subsec. (c)(1)(A).
Subsec. (c)(2)(B).
1982—Subsec. (e).
Subsec. (g).
1981—Subsec. (b).
Subsec. (c)(1).
1980—Subsec. (c)(1).
1978—Subsecs. (a)(1), (b)(1).
1976—Subsec. (b).
1975—Subsec. (c)(1).
Subsec. (c)(3).
1973—Subsec. (c).
1969—Subsec. (b).
Subsec. (c)(2).
Effective Date of 1984 Amendment
Section 201(b) of
"(1) The amendments made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [Apr. 18, 1984], except that no adjustment under
"(2)(A) For purposes of the first adjustment under
"(B) As used in subparagraph (A), the term 'base quarter' has the meaning given such term by
Effective Date of 1982 Amendment
Section 304(c) of
Section 309(b) of
Effective Date of 1981 Amendment
Section 1702(c) of
Effective Date of 1980 Amendment
Section 401(b) of
"(1) The amendment made by subsection (a)(1) [amending this section] shall apply with respect to annuities commencing after the 45th day after the date of the enactment of this Act [Dec. 5, 1980].
"(2) The amendment made by subsection (a)(2) [amending this section] shall take effect with respect to any annuity increase which takes effect after the date of the enactment of this Act [Dec. 5, 1980]."
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Section 1306(b) of
Section 1306(c)(2) of
Effective Date of 1973 Amendment
Section 2 of
Effective Date of 1969 Amendment
Section 207(b) of
Delay in Cost-of-Living Adjustments During Fiscal Years 1994, 1995, and 1996
"(a)
"(1)
"(2) section 826 or 858 of the Foreign Service Act of 1980 [
"(3) section 291 of the Central Intelligence Agency Retirement Act (
"(b)
"(c)
Time of Payment of Annuity or Retired or Retirement Pay Which President Adjusts
Section 2201(a) of
Cost-of-Living Adjustments During Fiscal Years 1983, 1984, and 1985
Section 301(a)–(c) of
"(a)(1) Except as provided in paragraph (3), the cost-of-living increase under any Government retirement system in annuity or retired or retainer pay of any early retiree taking effect in each of fiscal years 1983, 1984, and 1985, shall be equal to one-half of the assumed increase in the price index for that year.
"(2) For purposes of this subsection, an individual shall be considered to be an early retiree if—
"(A) the individual is under the age of 62 years as of the effective date of the cost-of-living increase involved (determined without regard to subsection (b));
"(B) the annuity or retired or retainer pay of the individual is not computed in whole or in part based on any disability of the individual; and
"(C) the annuity or retired or retainer pay of the individual is based upon the Government service of the individual.
"(3) If the percentage increase in the price index for fiscal year 1983, 1984, or 1985 (as determined by the Office of Personnel Management under
"(A) one-half of the assumed increase in the price index for that year, plus
"(B) the amount by which the percentage increase in the price index exceeds the assumed price index increase.
If the percentage increase in the price index for fiscal year 1985 (as determined by the Office of Personnel Management under
"(4) As used in this subsection—
"(A) the term 'price index' has the meaning given such term in
"(B) the term 'assumed increase in the price index' means—
"(i) 6.6 percent, in the case of fiscal year 1983,
"(ii) 7.2 percent, in the case of fiscal year 1984, and
"(iii) 6.6 percent, in the case of fiscal year 1985.
"(5) The amount of any survivor annuity which is based on the service of any early retiree subject to this subsection shall be computed as if this subsection had not been enacted.
"(b) [Repealed.
"(c) For purposes of this section, the term 'cost-of-living increase under a Government retirement system' means any increase under—
"(1)
"(2) section 826 of the Foreign Service Act of 1980 [
"(3) the Central Intelligence Agency Act of 1964 for Certain Employees (
"(4)
"(5) any other adjustment of any annuity under a retirement system for Government officers or employees which the President determines, by Executive order, is based on adjustments under any of the provisions referred to in the preceding paragraph."
Cost-of-Living Adjustment of Retired Pay or Retainer Pay of Members and Former Members of Armed Forces and Commissioned Officers of National Oceanic and Atmospheric Administration and Public Health Service; Effective Date of Amendment
See provisions of section 801(c) of
Section Referred to in Other Sections
This section is referred to in
1 So in original. The comma probably should not appear.
§8341. Survivor annuities
(a) For the purpose of this section—
(1) "widow" means the surviving wife of an employee or Member who—
(A) was married to him for at least 9 months immediately before his death; or
(B) is the mother of issue by that marriage;
(2) "widower" means the surviving husband of an employee or Member who—
(A) was married to her for at least 9 months immediately before her death; or
(B) is the father of issue by that marriage;
(3) "dependent", in the case of any child, means that the employee or Member involved was, at the time of the employee or Member's death, either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office of Personnel Management shall prescribe; and
(4) "child" means—
(A) an unmarried dependent child under 18 years of age, including (i) an adopted child, and (ii) a stepchild but only if the stepchild lived with the employee or Member in a regular parent-child relationship, and (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee or Member, and who is adopted by the surviving spouse of the employee or Member after his death;
(B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or
(C) such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.
For the purpose of this paragraph and subsection (e) of this section, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while he is regularly pursuing such a course of study or training, is deemed to have become 22 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if he shows to the satisfaction of the Office of Personnel Management that he has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim.
(b)(1) Except as provided in paragraph (2) of this subsection, if an employee or Member dies after having retired under this subchapter and is survived by a widow or widower, the widow or widower is entitled to an annuity equal to 55 percent (or 50 percent if retired before October 11, 1962) of an annuity computed under section 8339(a)–(i), (n), (p), (q), and (r) as may apply with respect to the annuitant, or of such portion thereof as may have been designated for this purpose under
(2) If an annuitant—
(A) who retired before April 1, 1948; or
(B) who elected a reduced annuity provided in paragraph (2) of
dies and is survived by a widow or widower, the widow or widower is entitled to an annuity in an amount which would have been paid had the annuitant been married to the widow or widower at the time of retirement.
(3) A spouse acquired after retirement is entitled to a survivor annuity under this subsection only upon electing this annuity instead of any other survivor benefit to which he may be entitled under this subchapter or another retirement system for Government employees. The annuity of the widow or widower under this subsection commences on the day after the annuitant dies. This annuity and the right thereto terminate on the last day of the month before the widow or widower—
(A) dies; or
(B) except as provided in subsection (k), remarries before becoming 55 years of age.
(4) Notwithstanding the preceding provisions of this subsection, the annuity payable under this subsection to the widow or widower of a retired employee or Member may not exceed the difference between—
(A) the amount which would otherwise be payable to such widow or widower under this subsection (determined without regard to any waiver or designation under
(B) the amount of the survivor annuity payable to any former spouse of such employee or Member under subsection (h) of this section.
(c) The annuity of a survivor named under
(d) If an employee or Member dies after completing at least 18 months of civilian service, his widow or widower is entitled to an annuity equal to 55 percent of an annuity computed under section 8339(a)–(f), (i), (n), (p), (q), and (r) as may apply with respect to the employee or Member, except that, in the computation of the annuity under such section, the annuity of the employee or Member shall be at least the smaller of—
(1) 40 percent of his average pay; or
(2) the sum obtained under such section after increasing his service of the type last performed by the period elapsing between the date of death and the date he would have become 60 years of age.
Notwithstanding the preceding sentence, the annuity payable under this subsection to the widow or widower of an employee or Member may not exceed the difference between—
(A) the amount which would otherwise be payable to such widow or widower under this subsection, and
(B) the amount of the survivor annuity payable to any former spouse of such employee or Member under subsection (h) of this section.
The annuity of the widow or widower commences on the day after the employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the widow or widower—
(i) dies; or
(ii) except as provided in subsection (k), remarries before becoming 55 years of age.
(e)(1) For the purposes of this subsection, "former spouse" includes a former spouse who was married to an employee or Member for less than 9 months and a former spouse of an employee or Member who completed less than 18 months of service covered by this subchapter.
(2) If an employee or Member dies after completing at least 18 months of civilian service, or an employee or Member dies after retiring under this subchapter, and is survived by a spouse or a former spouse who is the natural or adoptive parent of a surviving child of the employee or Member, that surviving child is entitled to an annuity equal to the smallest of—
(A) 60 percent of the average pay of the employee or Member divided by the number of children;
(B) $900; or
(C) $2,700 divided by the number of children;
subject to
(i) 75 percent of the average pay of the employee or Member divided by the number of children;
(ii) $1,080; or
(iii) $3,240 divided by the number of children;
subject to
(3) The annuity of a child under this subchapter or under the Act of May 29, 1930, as amended from and after February 28, 1948, commences on the day after the employee or Member dies, or commences or resumes on the first day of the month in which the child later becomes or again becomes a student as described by subsection (a)(3) of this section, if any lump sum paid is returned to the Fund. This annuity and the right thereto terminate on the last day of the month before the child—
(A) becomes 18 years of age unless he is then a student as described or incapable of self-support;
(B) becomes capable of self-support after becoming 18 years of age unless he is then such a student;
(C) becomes 22 years of age if he is then such a student and capable of self-support;
(D) ceases to be such a student after becoming 18 years of age unless he is then incapable of self-support; or
(E) dies or marries;
whichever first occurs. On the death of the surviving spouse or former spouse or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though the spouse, former spouse, or child had not survived the employee or Member.
(4) If the annuity of a child under this subchapter terminates under paragraph (3)(E) because of marriage, then, if such marriage ends, such annuity shall resume on the first day of the month in which it ends, but only if—
(A) any lump sum paid is returned to the Fund; and
(B) that individual is not otherwise ineligible for such annuity.
(f) If a Member heretofore or hereafter separated from the service with title to deferred annuity from the Fund hereafter dies before having established a valid claim for annuity and is survived by a spouse to whom married at the date of separation, the surviving spouse—
(1) is entitled to an annuity equal to 55 percent of the deferred annuity of the Member commencing on the day after the Member dies and terminating on the last day of the month before the surviving spouse dies or remarries; or
(2) may elect to receive the lump-sum credit instead of annuity if the spouse is the individual who would be entitled to the lump-sum credit and files application therefor with the Office before the award of the annuity.
Notwithstanding the preceding sentence, an annuity payable under this subsection to the surviving spouse of a Member may not exceed the difference between—
(A) the annuity which would otherwise be payable to such surviving spouse under this subsection, and
(B) the amount of the survivor annuity payable to any former spouse of such Member under subsection (h) of this section.
(g) In the case of a surviving spouse whose annuity under this section is terminated because of remarriage before becoming 55 years of age, annuity at the same rate shall be restored commencing on the day the remarriage is dissolved by death, annulment, or divorce, if—
(1) the surviving spouse elects to receive this annuity instead of a survivor benefit to which he may be entitled, under this subchapter or another retirement system for Government employees, by reason of the remarriage; and
(2) any lump sum paid on termination of the annuity is returned to the Fund.
(h)(1) Subject to paragraphs (2) through (5) of this subsection, a former spouse of a deceased employee, Member, annuitant, or former Member who was separated from the service with title to a deferred annuity under
(2)(A) The annuity payable to a former spouse under this subsection may not exceed the difference between—
(i) the amount applicable in the case of such former spouse, as determined under subparagraph (B) of this paragraph, and
(ii) the amount of any annuity payable under this subsection to any other former spouse of the employee, Member, or annuitant, based on an election previously made under
(B) The applicable amount, for purposes of subparagraph (A)(i) of this paragraph in the case of a former spouse, is the amount which would be applicable—
(i) under subsection (b)(4)(A) of this section in the case of a widow or widower, if the deceased was an employee or Member who died after retirement;
(ii) under subparagraph (A) of subsection (d) of this section in the case of a widow or widower, if the deceased was an employee or Member described in the first sentence of such subsection; or
(iii) under subparagraph (A) of subsection (f) of this section in the case of a surviving spouse, if the deceased was a Member described in the first sentence of such subsection.
(3) The commencement and termination of an annuity payable under this subsection shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity—
(A) shall not commence before—
(i) the day after the employee, Member, or annuitant dies, or
(ii) the first day of the second month beginning after the date on which the Office receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Office may prescribe,
whichever is later, and
(B) shall terminate—
(i) except as provided in subsection (k), in the case of an annuity computed by reference to clause (i) or (ii) of paragraph (2)(B) of this subsection, no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies; or
(ii) in the case of an annuity computed by reference to clause (iii) of such paragraph, no later than the last day of the month before the former spouse remarries or dies.
(4) For purposes of this subchapter, a modification in a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective—
(A) if such modification is made after the retirement or death of the employee or Member concerned, and
(B) to the extent that such modification involves an annuity under this subsection.
(5) For purposes of this subchapter, a decree, order, agreement, or election referred to in paragraph (1) of this subsection shall not be effective, in the case of a former spouse, to the extent that it is inconsistent with any joint designation or waiver previously executed with respect to such former spouse under
(6) Any payment under this subsection to a person bars recovery by any other person.
(7) As used in this subsection, "court" means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court.
(i) The requirement in subsections (a)(1)(A) and (a)(2)(A) of this section that the surviving spouse of an employee or Member have been married to such employee or Member for at least 9 months immediately before the employee or Member's death in order to qualify as the widow or widower of such employee or Member shall be deemed satisfied in any case in which the employee or Member dies within the applicable 9-month period, if—
(1) the death of the employee or Member was accidental; or
(2) the surviving spouse of such individual had been previously married to the individual and subsequently divorced, and the aggregate time married is at least 9 months.
(k)(1) 1 Subsections (b)(3)(B), (d)(ii), and (h)(3)(B)(i) (to the extent that they provide for termination of a survivor annuity because of a remarriage before age 55) shall not apply if the widow, widower, or former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based.
(2) A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8339(j)(5)(B) or (C) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | July 31, 1956, ch. 804, §401 "Sec. 1(h)–(j)", Oct. 11, 1962, |
|
(b)–(f) | July 31, 1956, ch. 804, §401 "Sec. 10", |
|
Aug. 27, 1958, |
||
Sept. 6, 1960, |
||
Oct. 11, 1962, |
In subsection (b), the words "designated for this purpose under
In subsection (f), the words "heretofore or hereafter" are substituted "either prior to, on, or after the effective date of the Civil Service Retirement Act Amendments of 1956".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8341(a)(4) | 5 App.: 2251(j) (less last sentence). | Apr. 25, 1966, July 18, 1966, |
8341(b) (last sentence) | 5 App.: 2260(a)(2). | July 18, 1966, |
8341(d) (last sentence) | 5 App.: 2260(c) (last sentence). | July 18, 1966, |
8341(e) | 5 App.: 2260(d). | July 18, 1966, |
8341(g) | 5 App.: 2260(f). | July 18, 1966, |
In subsection (a)(4), the words "for the purposes of section 10(d)" are omitted as covered by the words "For the purpose of this section."
In clause (2) of the last sentence of subsection (b), the word "retired" is inserted before "Member" for clarity and to conform to the penultimate sentence and clause (1) of the last sentence.
In subsection (e), the words "any lump sum paid" are substituted for "the lump-sum credit, if paid" for clarity and consistency with subsection (g)(2).
In subsection (e)(2)(C), the words "capable of self-support" are substituted for "not incapable of self-support."
In subsection (g), the words "after July 18, 1966" are substituted for "hereafter." In clause (1), the word "he" is substituted for "he or she" on authority of
References in Text
The Act of May 29, 1930, as amended from and after February 28, 1948, referred to in subsec. (e)(3), is the predecessor of
Amendments
1997—Subsec. (b)(1).
Subsec. (b)(3)(B).
Subsec. (d).
Subsec. (h)(3)(B)(i).
Subsec. (k).
1996—Subsec. (e)(4).
1992—Subsecs. (b)(1), (d).
1990—Subsecs. (b)(1), (d).
1986—Subsecs. (b)(1), (d).
Subsec. (e).
Subsec. (h)(1).
Subsec. (h)(4)(A).
1984—Subsec. (a)(1)(A), (2)(A).
Subsec. (b)(1).
Subsec. (b)(3).
Subsec. (b)(3)(B).
Subsec. (b)(4).
Subsec. (d).
Subsec. (d)(i).
Subsec. (d)(ii).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (f).
Subsec. (g).
Subsecs. (h), (i).
1980—Subsec. (a)(2)(B).
Subsec. (a)(3).
Subsec. (a)(4).
1978—Subsec. (a)(3).
Subsec. (b)(1).
Subsec. (d).
Subsec. (f)(2).
Subsec. (g).
1975—Subsec. (c).
1974—Subsec. (a)(1)(A), (2)(A).
1972—Subsec. (a)(3)(A).
Subsec. (c).
Subsec. (d).
1971—Subsec. (a)(3), (4).
Subsec. (b).
Subsec. (d).
Subsec. (e)(2).
1969—Subsec. (d).
Subsec. (e)(1).
Effective Date of 1997 Amendment
Amendment by section 516(a) of
Section 518(c) of
Effective Date of 1996 Amendment
Section 101(f) [title VI, §633(b)] of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendments
Section 4 of
"(a)(1) Except as provided in paragraphs (3), (4), (5), and (6) and subsections (b) and (c), the amendments made by section 2 of this Act [amending this section and
"(A) to any individual who, on or after such date, is married to an employee or Member who, on or after such date, retires, dies, or applies for a refund of contributions under subchapter III of
"(B) to any individual who, as of such date, is married to a retired employee or Member,
unless (i) such employee or Member has waived, under the first sentence of section 8339(j)(1) of such title (or a similar prior provision of law), the right of that individual's spouse to receive a survivor annuity, or (ii) in the case of a post-retirement marriage or remarriage, an election has not been made before such date by such employee or Member with respect to such individual under the applicable provisions of section 8339(j)(1) or 8339(k)(2) of such title, as the case may be (or a similar prior provision of law).
"(2) Except as provided in subsection (f), the amendments made by section 3 of this Act [amending
"(3) The amendments made by subparagraphs (B)(iii) and (C)(ii) of section 2(4) of this Act [amending
"(A) in the case of a remarriage occurring on or after the date of the enactment of this Act [Nov. 8, 1984]; and
"(B) with respect to periods beginning on or after such date.
"(4)(A) Except as provided in subparagraph (B), the amendment made by section 2(3)(A) of this Act [amending
"(i) to an employee or Member who retires before, on, or after May 7, 1985; and
"(ii) in the case of a marriage occurring on or after May 7, 1985.
"(B) The amendments referred to in subparagraph (A) shall not apply in the case of a marriage of an employee or Member retiring before May 7, 1985, if the marriage occurred after May 6, 1985, and before the date of the enactment of the Federal Employees Benefits Improvement Act of 1986 [Feb. 27, 1986].
"(C) Any election by an employee or Member described in subparagraph (B) to provide a survivor annuity for that individual's spouse by a marriage described in such subparagraph shall be effective if made in accordance with the applicable provisions of
"(5)(A) Paragraphs (3), (4), and (5)(B) of
"(B)(i) The requirement described in clause (ii) shall not apply to an election made by an employee or Member under
"(ii) The requirement referred to in clause (i) is the requirement prescribed in
"(iii) Clause (i) applies to an election which is made by an employee or Member who retires on or after May 7, 1985, and before the date of the enactment of the Federal Employees Benefits Improvement Act of 1986 [Feb. 27, 1986], and is received by the Office of Personnel Management within the 2-year period beginning on the date of the enactment of such Act.
"(C) A survivor annuity shall be paid a former spouse as provided in
"(D) The amendments made by paragraphs (6) and (7) of section 2 of this Act [amending
"(6) The amendment made by section 2(4)(A) of this Act [amending
"(b)(1) Notwithstanding subsection (a)(1) of this section, a former spouse of an employee or Member who retired before May 7, 1985, or who died after becoming eligible to retire and before such date, is entitled to a survivor annuity under
"(A) the retired employee or Member elects, in writing, within eighteen months after the date of enactment of this Act, according to procedures prescribed by the Office of Personnel Management, to have the annuity of such employee or Member reduced under
"(B) where the employee or Member dies or died on or before the one hundred and eightieth day after the date of enactment of this Act or does not make the election described in subparagraph (A)—
"(i) the former spouse's marriage to the employee or Member was dissolved after September 14, 1978, and before May 8, 1987;
"(ii) the former spouse was married to the employee or Member for at least ten years during periods of creditable service under
"(iii) the former spouse has not remarried before age fifty-five after September 14, 1978;
"(iv) the former spouse files an application for the survivor annuity with the Office on or before May 7, 1989; and
"(v) the former spouse is at least fifty years of age on May 7, 1987.
A survivor annuity under subparagraph (B) shall commence on the day after the employee or Member dies or the first day of the second month after the former spouse's application is received by the Office, whichever occurs later.
"(2) Except as provided in paragraph (3), if a retired employee or Member who makes an election under subparagraph (A) of paragraph (1) does not make the deposit required by such subparagraph, the Office shall collect the amount of the deposit by offset against the employee or Member's annuity, up to a maximum of 25 per centum of the net annuity otherwise payable to the employee or Member, and the employee or Member is deemed to consent to such offset.
"(3) An election made by an individual under subparagraph (A) of paragraph (1) of this subsection to provide a survivor annuity for any person prospectively voids any election previously made by such individual with respect to such person under
"(4)(A) A former spouse of an employee or Member referred to in the matter before subparagraph (A) in paragraph (1) of this section shall be entitled to a survivor annuity under subparagraph (B) of such paragraph if—
"(i) the former spouse satisfies the requirements of clauses (ii) through (v) of such subparagraph (B); and
"(ii) there is no surviving spouse of the employee or Member and no other former spouse of such employee or Member who is entitled to receive a survivor annuity under subchapter III of
"(B) For the purposes of this paragraph, the term 'surviving spouse' means a widow or a widower as defined in paragraphs (1) and (2), respectively, of
"(5) A survivor annuity provided under this subsection shall be 55 per centum of the annuity of the retired employee or Member (or of that portion of the annuity which such employee or Member may have designated for this purpose under paragraph (1)(A) of this subsection), as determined under section 8339(a)–(i) and (n) of
"(A) the total percent increase the retired employee or Member was receiving under section 8340 of such title at death, or
"(B) in the case of a retired employee or Member whose date of death precedes the one hundred and eightieth day after the date of enactment of this Act [Nov. 8, 1984], the total percent increase the retired employee or Member would have received under such section 8340 had such individual died on the one hundred and eightieth day after such date of enactment,
and shall not be subject to reduction under section 8341(h)(2) of such title, as amended by this Act.
"(c) Notwithstanding subsection (a)(1) of this section, an employee or Member who retired before the one hundred and eightieth day after the date of enactment of this Act [Nov. 8, 1984] and who is married to a spouse acquired after retirement for whom such employee or Member was unable to provide a survivor annuity because—
"(1) the employee or Member was married at the time of retirement and elected not to provide a survivor annuity for the employee or Member's spouse at the time of retirement, or
"(2) the employee or Member failed to notify the Office of the employee or Member's post-retirement marriage within one year after the marriage,
may elect in writing, within one year after the date of enactment of this Act, in accordance with procedures prescribed by the Office, to provide for a survivor annuity for such spouse under
"(d) A deposit required by subsection (b)(1)(A) or (c) of this section may be made by the surviving former spouse or spouse, as applicable, of the retired employee or Member.
"(e) The Office shall determine at the end of each fiscal year—
"(1) the cost of survivor annuities provided under subsections (b) and (c) of this section, less an amount determined appropriate by the Office to reflect the value of any deposits made under subsection (b)(1)(A), (c), or (d), and
"(2) the cost of administering subsections (b) and (c).
The Office shall notify the Secretary of the Treasury of the amounts so determined. The Secretary of the Treasury, before closing the account for the fiscal year in question, shall credit to the Civil Service Retirement and Disability Fund, out of any money in the Treasury not otherwise appropriated, such amounts, which shall be available in the same manner as provided under subparagraphs (A) and (B) of
"(f) Any individual—
"(1) who is entitled to a survivor annuity under subsection (b) of this section or pursuant to an election authorized by reason of the application of subsection (a)(5) of this section,
"(2) as to whom a court order or decree referred to in
"(3) who is entitled (other than as described in paragraph (2)) to an annuity or any portion of an annuity as a former spouse under a retirement system for Government employees as of May 7, 1985,
shall be considered to have satisfied
"(g)(1) For purposes of subsections (a)(1), (b), (c), (d), and (e), 'employee', 'Member', and 'former spouse' each has the meaning given that term under
"(2) For purposes of subsection (a)(2), 'employee' and 'annuitant' each has the meaning given that term under
"(h) Section 827 of the Foreign Service Act of 1980 [
[Section 501(b) of
[Section 9(b) of
[The Central Intelligence Agency Retirement Act of 1964 for Certain Employees, referred to in
Amendment by
Effective Date of 1980 Amendment
Section 5(a) of
Effective Date of 1978 Amendments
Amendment by
Amendment by
Section 3 of
"(1) the first day of the month following the date of the enactment of this Act [July 10, 1978], or
"(2) October 1, 1978,
whichever date is later."
Effective Date of 1978 Amendment; Survivor Annuities Subject to Reduction, Etc.
For effective date of amendment by
Effective Date of 1974 Amendment
Section 1(b) of
Effective Date of 1972 Amendments
Amendment by
Section 2 of
Effective Date of 1969 Amendments
Section 2 of
Amendment by
Effective Date of 1969 Amendment; Recomputation and Reduction of Survivor Annuities
Section 207(c) of
"(1) The amendment made by section 206(b) of this Act [amending this section] shall become effective on the first day of the first month which begins on or after the date of enactment of this Act [Oct. 20, 1969].
"(2) The annuity of each surviving child who, immediately prior to the effective date of such amendment [amending this section] is receiving an annuity under
Additional Elections Under Civil Service Retirement Spouse Equity Act of 1984
Section 201(d) of
"(1) Notwithstanding the time limitation prescribed in subparagraph (A) of section 4(b)(1) of the Civil Service Retirement Spouse Equity Act of 1984 [
"(2) Any retired employee or Member who has made an election under section 4(b)(1)(A) of the Civil Service Retirement Spouse Equity Act of 1984 [set out as a note above] (as in effect at the time of such election) before the regulations under paragraph (3) of this subsection become effective may modify such election by designating, in writing, that only a portion of such employee or Member's annuity is to be used as the base for the survivor annuity for the former spouse for whom the election was made. A modification under this subparagraph shall be subject to the deadline under paragraph (1) of this subsection.
"(3) The Office of Personnel Management shall prescribe regulations to carry out this subsection, including regulations under which an appropriate refund shall be made in the case of a modification under paragraph (2) of this subsection."
Restoration of Survivor Annuities for Certain Widows and Widowers Remarrying Before July 18, 1966, and Where Member Died Before January 8, 1971
Section 1 of
"(a) Upon application to the Civil Service Commission, the annuity of—
"(1) a surviving spouse of an employee which was terminated under the provisions of section 8341 (b) or (d) of
"(2) a surviving spouse of a Member who died before January 8, 1971, which was terminated under any such provision, because of the remarriage of such spouse,
shall be restored in accordance with the provisions of subsection (b) of this section.
"(b)(1) In the case of a remarriage occurring after the surviving spouse became sixty years of age, the annuity shall be restored to such spouse under subsection (a) of this section only if any lump sum paid on termination of the annuity is returned to the Civil Service Retirement and Disability Fund. If such amount is paid, the annuity shall be so restored commencing on the effective date of this section at the rate which would have been in effect if the annuity had not been terminated.
"(2) In the case of a remarriage occurring before the surviving spouse became sixty years of age, the annuity shall be restored to such spouse under subsection (a) of this section only if—
"(A) such spouse elects to receive this annuity instead of a survivor benefit to which the spouse may be entitled under subchapter III of
"(B) any lump sum paid on termination of the annuity is returned to such fund.
If the requirements of the preceding sentence are satisfied, such annuity shall be so restored commencing on the effective date of this section or on the first day of the month following the date the remarriage is dissolved by death, annulment, or divorce, whichever date is later, at the rate which was in effect when the annuity was terminated."
Increase in Annuity Payable to Surviving Spouses of Members, Employees, of Annuities Based on Separation Occurring Prior to Oct. 20, 1969
Section 2(b) of
Section 3 of
Remarriage Provisions
Section 205 of
"(1) of an employee who died, retired, or was otherwise finally separated before July 18, 1966;
"(2) who shall have remarried on or after such date; and
"(3) who, immediately before such remarriage, was receiving annuity from the Civil Service Retirement and Disability Fund;
except that no annuity shall be paid by reason of this section for any period prior to the enactment of this section. No annuity shall be terminated solely by reason of the enactment of this section. Notwithstanding the prohibition contained in the first sentence of this section on the payment of annuity for any period prior to the enactment of this section, in any case in which the Civil Service Commission determines that—
"(1) the remarriage of any widow or widower described in such sentence was entered into by the widow or widower in good faith and in reliance on erroneous information provided by Government authority prior to that remarriage that the then existing survivor annuity of the widow or widower would not be terminated because of the remarriage; and
"(2) such annuity was terminated by law because of that remarriage;
then payment of annuity may be made by reason of this section in such case, beginning as of the effective date of the termination because of the remarriage."
Section Referred to in Other Sections
This section is referred to in
1 So in original. No subsec. (j) has been enacted.
§8342. Lump-sum benefits; designation of beneficiary; order of precedence
(a) Subject to subsection (j) of this section, an employee or Member who—
(1)(A) is separated from the service for at least thirty-one consecutive days; or
(B) is transferred to a position in which he is not subject to this subchapter, or
(2) files an application with the Office of Personnel Management for payment of the lump-sum credit;
(3) is not reemployed in a position in which he is subject to this subchapter, or
(4) will not become eligible to receive an annuity within thirty-one days after filing the application,
is entitled to be paid the lump-sum credit. Except as provided in
(i) entitlement to payment of the lump-sum credit shall be determined without regard to paragraph (1) or (3) if, or to the extent that, such lump-sum credit relates to service of a type described in clauses (i) through (iii) of section 302(a)(1)(C) of the Federal Employees' Retirement System Act of 1986; and
(ii) if, or to the extent that, the lump-sum credit so relates to service of a type referred to in clause (i), it shall (notwithstanding section 8331(8)) consist of—
(I) the amount by which any unrefunded amount described in section 8331(8)(A) or (B) relating to such service, exceeds 1.3 percent of basic pay for such service; and
(II) interest on the amount payable under subclause (I), computed in a manner consistent with applicable provisions of section 8331(8).
(b) Under regulations prescribed by the Office, a present or former employee or Member may designate a beneficiary or beneficiaries for the purpose of this subchapter.
(c) Lump-sum benefits authorized by subsections (d)–(f) of this section shall be paid to the person or persons surviving the employee or Member and alive at the date title to the payment arises in the following order of precedence, and the payment bars recovery by any other person:
First, to the beneficiary or beneficiaries designated by the employee or Member in a signed and witnessed writing received in the Office before his death. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.
Second, if there is no designated beneficiary, to the widow or widower of the employee or Member.
Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation.
Fourth, if none of the above, to the parents of the employee or Member or the survivor of them.
Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member.
Sixth, if none of the above, to such other next of kin of the employee or Member as the Office determines to be entitled under the laws of the domicile of the employee or Member at the date of his death.
For the purpose of this subsection, "child" includes a natural child and an adopted child, but does not include a stepchild.
(d) If an employee or Member dies—
(1) without a survivor; or
(2) with a survivor or survivors and the right of all survivors terminates before a claim for survivor annuity is filed;
or if a former employee or Member not retired dies, the lump-sum credit shall be paid.
(e) If all annuity rights under this subchapter based on the service of a deceased employee or Member terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid.
(f) If an annuitant dies, annuity accrued and unpaid shall be paid.
(g) Annuity accrued and unpaid on the termination, except by death, of the annuity of an annuitant or survivor annuitant shall be paid to that individual. Annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the following order of precedence, and the payment bars recovery by any other person:
First, to the duly appointed executor or administrator of the estate of the survivor annuitant.
Second, if there is no executor or administrator, payment may be made, after 30 days from the date of death of the survivor annuitant, to such next of kin of the survivor annuitant as the Office determines to be entitled under the laws of the domicile of the survivor annuitant at the date of his death.
(h) Amounts deducted and withheld from the basic pay of an employee or Member from the first day of the first month which begins after he has performed sufficient service (excluding service which the employee or Member elects to eliminate for the purpose of annuity computation under
(i) An employee who—
(1) is separated from the service before July 12, 1960; and
(2) continues in the service after July 12, 1960, without break in service of 1 workday or more;
is entitled to the benefits of subsection (h) of this section.
(j)(1) Payment of the lump-sum credit under subsection (a) of this section—
(A) may be made only if any current spouse and any former spouse of the employee or Member are notified of the employee or Member's application; and
(B) shall be subject to the terms of a court decree of divorce, annulment, or legal separation or any court order or court approved property settlement agreement incident to such decree if—
(i) the decree, order, or agreement expressly relates to any portion of the lump-sum credit involved; and
(ii) payment of the lump-sum credit would extinguish entitlement of the employee's or Member's spouse or former spouse to a survivor annuity under
(2)(A) Notification of a spouse or former spouse under this subsection shall be made in accordance with such requirements as the Office shall by regulation prescribe.
(B) Under the regulations, the Office may provide that paragraph (1)(A) of this subsection may be waived with respect to a spouse or former spouse if the employee or Member establishes to the satisfaction of the Office that the whereabouts of such spouse or former spouse cannot be determined.
(3) The Office shall prescribe regulations under which this subsection shall be applied in any case in which the Office receives two or more such orders or decrees.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 31, 1956, ch. 804, §401 "Sec. 11" |
||
July 12, 1960, |
||
Oct. 4, 1961, |
In subsection (a), the words "before October 1, 1956" are substituted for "prior to the effective date of the Civil Service Retirement Act Amendments of 1956" on authority of §406 of the Act of July 31, 1956, ch. 804,
In subsection (g), the words "the expiration of" are omitted as surplusage.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8342(a) | [No source]. | [No source.] |
8342(c) | 5 App.: 2261(c). | Mar. 23, 1966, |
5 App.: 2251(j) (last sentence). | Apr. 25, 1966, |
In subsection (a), the amendment is made for consistency within the subchapter and to reflect that it is the individual, rather than the position, that is subject to the subchapter.
In the last sentence of subsection (c), the words "this subsection" are substituted for "section 11" to reflect the codification of
References in Text
The Federal Employees' Retirement System Act of 1986, referred to in subsec. (a), is
Amendments
1990—Subsec. (a).
1988—Subsec. (a).
1986—Subsec. (a).
Subsec. (j)(1)(B).
"(i) the order or decree expressly relates to any portion of the lump-sum credit involved, and
"(ii) payment of the lump-sum credit would extinguish entitlement of the former spouse to a survivor annuity under
1984—Subsec. (a).
Subsec. (j).
1982—Subsec. (a).
1978—Subsecs. (a) to (c), (g).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Section 303(d)(2) of
Effective Date of 1978 Amendment
Amendment by
Reestablishment of Right To Receive Annuity by Judges Who Received Lump-sum Credit
Section Referred to in Other Sections
This section is referred to in
§8343. Additional annuities; voluntary contributions
(a) Under regulations prescribed by the Office of Personnel Management, an employee or Member may voluntarily contribute additional sums in multiples of $25, but the total may not exceed 10 percent of his basic pay for creditable service after July 31, 1920. The voluntary contribution account in each case is the sum of unrefunded contributions, plus interest at 3 percent a year through December 31, 1984, and thereafter at the rate computed under
(1) the date of payment under subsection (d) of this section, separation, or transfer to a position in which he does not continue subject to this subchapter, whichever is earliest; or
(2) the commencing date fixed for a deferred annuity or date of death, whichever is earlier, in the case of an individual who is separated with title to deferred annuity and does not claim the voluntary contribution account.
(b) The voluntary contribution account is used to purchase at retirement an annuity in addition to the annuity otherwise provided. For each $100 in the voluntary contribution account, the additional annuity consists of $7, increased by 20 cents for each full year, if any, the employee or Member is over 55 years of age at the date of retirement.
(c) A retiring employee or Member may elect a reduced additional annuity instead of the additional annuity described by subsection (b) of this section and designate in writing an individual to receive after his death an annuity of 50 percent of his reduced additional annuity. The additional annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual designated is younger than the retiring employee or Member. However, the total reduction may not exceed 40 percent.
(d) A present or former employee or Member is entitled to be paid the voluntary contribution account if he files application for payment with the Office before receiving an additional annuity. An individual who has been paid the voluntary contribution account may not again deposit additional sums under this section until, after a separation from the service of more than 3 calendar days, he again becomes subject to this subchapter.
(e) If a present or former employee or Member not retired dies, the voluntary contribution account is paid under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 31, 1956, ch. 804, §401 "Sec. 12", |
||
Aug. 14, 1958, |
In subsection (a), the words "after July 31, 1920" are substituted for "on or after August 1, 1920". In paragraph (1), the words "payment under subsection (d) of this section" are based on "but such account shall not in any case include interest beyond date of payment" in former section 2262(d); the latter, accordingly, are omitted from subsection (d).
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section amends
Amendments
1982—Subsec. (a).
1978—Subsecs. (a), (d).
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8343a. Alternative forms of annuities
(a) The Office of Personnel Management shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter (other than under
(b) Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be—
(1) an alternative which provides for—
(A) payment of the lump-sum credit to the employee or Member; and
(B) payment of an annuity to the employee or Member for life; and
(2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for—
(A) payment of the lump-sum credit to the employee or Member; and
(B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse.
(c) Each alternative provided for under subsection (b) shall, to the extent practicable, be designed such that the present value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the present value of the annuity which would otherwise be provided the employee or Member under this subchapter, as computed under subsections (a)–(i), (n), (q), and (r) of section 8339.
(d) An employee or Member who, at the time of retiring under this subchapter—
(1) is married, shall be ineligible to make an election under this section unless a waiver is made under
(2) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under
(e) An employee or Member who is married at the time of retiring under this subchapter and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under
(Added
Amendments
1997—Subsec. (c).
1993—Subsec. (a).
Subsec. (f).
1990—Subsec. (c).
Subsec. (f).
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1993 Amendment
Section 11002(d) of
Effective Date
Section effective June 6, 1986, see section 702(b)(3) of
Applicability of Sections 8343a(f) and 8420a(f) to Individuals Called to or Performing Duty in Connection With Operation Desert Shield
Section 7001(a)(4) of
"(A) In applying the provisions of
"(B) This paragraph applies with respect to any individual who—
"(i)(I) is a member of the Armed Forces of the United States who, before December 1, 1990, was called or ordered to active duty (other than for training) pursuant to section 672 [now 12301], 673 [now 12302], 673b [now 12304], 674 [now 12306], 675 [now 12307], or 688 of
"(II) is an employee of the Department of Defense who is certified by the Secretary of Defense to have performed, after November 30, 1990, duties essential for the support of Operation Desert Shield; and
"(ii) would have been eligible to make an election under
"(C) The Office of Personnel Management may prescribe such regulations as may be necessary to carry out this paragraph."
Partial Deferred Payment of Lump-Sum Credit for Certain Individuals Electing Alternative Forms of Annuities
"(a)
"(b)
"(1) 50 percent of the lump-sum credit shall be payable on the date on which, but for the enactment of this section, the full amount of the lump-sum credit would otherwise be payable.
"(2) The remainder of the lump-sum credit shall be payable on the date which occurs 12 months after the date on which the payment described in paragraph (1) is paid.
An amount payable in accordance with paragraph (2) shall be payable with interest, computed using the rate under
"(c)
"(1) in the case of any individual who is separated from Government service involuntarily, other than for cause on charges of misconduct or delinquency; and
"(2) in the case of any individual as to whom the application of this section would be against equity and good conscience, due to a life-threatening affliction or other critical medical condition affecting such individual.
"(d)
"(e)
"(f)
"(1) paragraph (2)(A) thereof; or
"(2) section 7001(a)(4) of the Omnibus Budget Reconciliation Act of 1990 [
[Section 7001(a)(2)(C)(ii) of
Similar provisions were contained in the following acts:
Section Referred to in Other Sections
This section is referred to in
§8344. Annuities and pay on reemployment
(a) If an annuitant receiving annuity from the Fund, except—
(1) a disability annuitant whose annuity is terminated because of his recovery or restoration of earning capacity;
(2) an annuitant whose annuity, based on an involuntary separation (other than an automatic separation or an involuntary separation for cause on charges of misconduct or delinquency), is terminated under subsection (b) of this section;
(3) an annuitant whose annuity is terminated under subsection (c) of this section; or
(4) a Member receiving annuity from the Fund;
becomes employed in an appointive or elective position, his service on and after the date he is so employed is covered by this subchapter. Deductions for the Fund may not be withheld from his pay unless the individual elects to have such deductions withheld under subparagraph (A). An amount equal to the annuity allocable to the period of actual employment shall be deducted from his pay, except for lump-sum leave payment purposes under
(A) deductions for the Fund may be withheld from his pay (if the employee so elects), and his annuity on termination of employment is increased by an annuity computed under section 8339(a), (b), (d), (e), (h), (i), (n), (q), and (r) as may apply based on the period of employment and the basic pay, before deduction, averaged during that employment; and
(B) his lump-sum credit may not be reduced by annuity paid during that employment.
If the annuitant is receiving a reduced annuity as provided in section 8339(j) or
(b) If an annuitant, other than a Member receiving an annuity from the Fund, whose annuity is based on an involuntary separation (other than an automatic separation or an involuntary separation for cause or charges on misconduct or delinquency) is reemployed in a position in which he is subject to this subchapter, payment of the annuity terminates on reemployment.
(c) If an annuitant, other than a Member receiving an annuity from the Fund, is appointed by the President to a position in which he is subject to this subchapter, or is elected as a Member, payment of the annuity terminates on reemployment. Upon separation from such position, an individual whose annuity is so terminated is entitled to have his rights redetermined under this subchapter, except that the amount of the annuity resulting from such redetermination shall be at least equal to the amount of the terminated annuity plus any increases under
(d) If a Member receiving annuity from the Fund becomes employed in an appointive or elective position, annuity payments are discontinued during the employment and resumed on termination of the employment in the amount equal to the sum of the amount of the annuity the member was receiving immediately before the commencement of the employment and the amount of the increases which would have been made in the amount of the annuity under
(1) the retired Member or Member separated with title to immediate or deferred annuity, who serves at any time after separation as a Member in an appointive position in which he is subject to this subchapter, is entitled, if he so elects, to have his Member annuity computed or recomputed as if the service had been performed before his separation as a Member and the annuity as so computed or recomputed is effective—
(A) the day Member annuity commences; or
(B) the day after the date of separation from the appointive position;
whichever is later;
(2) if the retired Member becomes employed after December 31, 1958, in an appointive position on an intermittent-service basis—
(A) his annuity continues during the employment and is not increased as a result of service performed during that employment;
(B) retirement deductions may not be withheld from his pay;
(C) an amount equal to the annuity allocable to the period of actual employment shall be deducted from his pay, except for lump-sum leave payment purposes under
(D) the amounts so deducted shall be deposited in the Treasury of the United States to the credit of the Fund;
(3) if the retired Member becomes employed after December 31, 1958, in an appointive position without pay on a full-time or substantially full-time basis, his annuity continues during the employment and is not increased as a result of service performed during the employment; and
(4) if the retired Member takes office as Member and gives notice as provided by
(e) This section does not apply to an individual appointed to serve as a Governor of the Board of Governors of the United States Postal Service.
(f) Notwithstanding the provisions of subsection (a) of this section, if an annuitant receiving annuity from the Fund, except a Member receiving annuity from the Fund, becomes employed as a justice or judge of the United States, as defined by
(g) A former employee or a former Member who becomes employed as a justice or judge of the United States, as defined by
(h)(1) Subject to paragraph (2) of this subsection, subsections (a), (b), (c), and (d) of this section shall not apply to any annuitant receiving an annuity from the Fund while such annuitant is employed, during any period described in section 5532(f)(2) 1 of this title 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 other individuals to perform such duties: Provided, however, That the amount such an annuitant may receive in pay, excluding premium pay, in any pay period when aggregated with the annuity payable during that same period shall not exceed the rate payable for level V of the Executive Schedule.
(2) Paragraph (1) of this subsection shall apply only in the case of any annuitant receiving an annuity from the Fund who, before December 31, 1987, applied for retirement or separated from the service while being entitled to an annuity under this chapter.
(i)(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).
(j)(1) If warranted by circumstances described in subsection (i)(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 (i) 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
(k)(1) If warranted by circumstances described in subsection (i)(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 (i) 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.
(4) For the purpose of this subsection, "agency in the legislative branch", "employee of the House of Representatives", "employee of the Senate", and "congressional employee" each has the meaning given to it in
(l)(1) For the purpose of subsections (i) through (k), "Executive agency" shall not include the General Accounting Office.
(2) An employee as to whom a waiver under subsection (i), (j), or (k) is in effect shall not be considered an employee for purposes of this chapter or
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 31, 1956, ch. 804, §401 "Sec. 13 (less (a))", |
||
July 7, 1960, |
||
July 12, 1960, |
||
Oct. 4, 1961, |
In subsections (a) and (b), the words "except for lump-sum leave payment purposes under
In subsection (a), the words "after September 30, 1956" are substituted for "hereafter" on authority of §406 of the Act of July 31, 1956, ch. 804,
In subsection (b), the words "receiving annuity from the Fund" are substituted for "heretofore or hereafter retired under this chapter". The word "hereafter" is omitted as unnecessary. In paragraph (1)(B), the words "the day after" are substituted for "the first day of the month following" on authority of former section 2264(b), which is carried into section 8345(b). In paragraph (1), former clause (C) is omitted as obsolete. In paragraph (2)(D), the words "of the United States" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8344(a) | 5 App.: 2263(b) (last sentence). | Mar. 30, 1966, |
In subsection (a), the words "after July 11, 1960" are substituted for "on or after July 12, 1960." In subsection (b)(1), the amendment is made for consistency within the subchapter.
In the codification of
References in Text
Level V of the Executive Schedule, referred to in subsec. (h)(1), is set out in
Codification
Amendment of subsec. (h)(2) by Pub. L.
Amendments
1997—Subsec. (a)(A).
Subsec. (k)(2)(B), (3).
1992—Subsec. (i).
1991—Subsec. (i)(3).
Subsecs. (j) to (l).
1990—Subsec. (a)(A).
Subsec. (i).
1988—Subsec. (h)(2).
1987—Subsec. (h)(2).
For amendment by section 106 of
1986—Subsec. (h)(2).
1985—Subsec. (h)(1).
Subsec. (h)(2).
1984—Subsec. (a)(A).
Subsec. (d).
Subsec. (h)(1).
1982—Subsec. (a).
Subsec. (a)(4)(A).
Subsec. (h).
1981—Subsec. (c).
1980—Subsec. (c).
Subsecs. (f), (g).
1978—Subsec. (a).
1976—Subsec. (a).
Subsecs. (b), (c).
Subsec. (d).
Subsec. (e).
1972—Subsec. (a).
1971—Subsec. (a).
1970—Subsec. (c).
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1986 Amendment
Section 106 of
Effective Date of 1984 Amendments
Amendment by
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1981 Amendment
Section 5(b) of
"(1) Subject to paragraph (2), the amendment made by subsection (a) [amending this section] shall apply to individuals whose annuities terminate under
"(2) In the case of an individual whose reemployment ended before the date of the enactment of this Act [Dec. 29, 1981], the amendment shall apply only upon application by the individual to the Office of Personnel Management within one year after the date of enactment. Upon receipt of such application, the Office shall recompute the annuity, effective as of the day following the day reemployment ended."
Effective Date of 1980 Amendment
Section 6 of
"(a) The provisions of this Act [amending this section, repealing
"(1) the date of the enactment of this Act [Dec. 5, 1980], or
"(2) October 1, 1980,
whichever date is later.
"(b) The provisions of subsection (f) of
Effective Date of 1978 Amendments
Amendment by
Amendment by
Effective Date of 1976 Amendment
Section 2 of
"(a) Except as provided under subsection (b) of this section, the amendments made by this Act [amending this section and
"(b) The amendment made by subsection (c) of the first section of this Act [amending this section] shall become effective on the date of the enactment of this Act [Sept. 3, 1976] or October 1, 1976, whichever is later, but shall not apply to any annuitant reemployed before such date."
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1971 Amendment
Section 5(d) of
Effective Date of 1970 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by section 1(83)(A), (D) of
Elimination of Duplicative Amendments
Annual Report to Congress
"(1) For the purpose of this subsection, the term 'agency in the legislative branch' has the meaning given such term by
"(2) Each agency in the legislative branch shall submit to the Speaker of the House of Representatives and the Committee on Rules and Administration of the Senate, for each calendar year, a written report on how any authority made available as a result of the enactment of this section [amending this section and
"(3) A report under this subsection—
"(A) shall include the number of instances in which each type of authority was exercised, the circumstances justifying the exercise of authority, and, unless previously submitted, a description of the policies and procedures governing each type of authority exercised; and
"(B) shall be submitted not later than 30 days after the end of the calendar year to which it relates."
Commission on the Operation of the Senate
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§8345. Payment of benefits; commencement, termination, and waiver of annuity
(a) Each annuity is stated as an annual amount, one-twelfth of which, rounded to the next lowest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued.
(b)(1) Except as otherwise provided—
(A) an annuity of an employee or Member commences on the first day of the month after—
(i) separation from the service; or
(ii) pay ceases and the service and age requirements for title to annuity are met; and
(B) any other annuity payable from the Fund commences on the first day of the month after the occurrence of the event on which payment thereof is based.
(2) The annuity of—
(A) an employee involuntarily separated from service, except by removal for cause on charges of misconduct or delinquency; and
(B) an employee or Member retiring under
shall commence on the day after separation from the service or the day after pay ceases and the service and age or disability requirements for title to annuity are met.
(c) The annuity of a retired employee or Member terminates on the day death or other terminating event provided by this subchapter occurs. The annuity of a survivor terminates on the last day of the month before death or other terminating event occurs.
(d) An individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by a waiver signed and filed with the Office of Personnel Management. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect.
(e) Payment due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. If a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the claimant, payment may be made to any person who, in the judgment of the Office, is responsible for the care of the claimant, and the payment bars recovery by any other person.
[(f) Repealed.
(g) The Office shall prescribe regulations to provide that the amount of any monthly annuity payable under this section accruing for any month and which is computed with regard to service that includes any service referred to in section 8332(b)(6) performed by an individual prior to January 1, 1969, shall be reduced by the portion of any benefits under any State retirement system to which such individual is entitled (or on proper application would be entitled) for such month which is attributable to such service performed by such individual before such date.
(h) An individual entitled to an annuity from the Fund may make allotments or assignments of amounts from his annuity for such purposes as the Office of Personnel Management in its sole discretion considers appropriate.
(i)(1) No payment shall be made from the Fund unless an application for benefits based on the service of an employee or Member is received in the Office of Personnel Management before the one hundred and fifteenth anniversary of his birth.
(2) Notwithstanding paragraph (1) of this subsection, after the death of an employee, Member, or annuitant, no benefit based on his service shall be paid from the Fund unless an application therefor is received in the Office of Personnel Management within 30 years after the death or other event which gives rise to title to the benefit.
(j)(1) Payments under this subchapter which would otherwise be made to an employee, Member, or annuitant based on service of that individual shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of—
(A) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or
(B) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child.
In the event that the Office is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.
(2) Paragraph (1) shall only apply to payments made by the Office under this subchapter after the date of receipt in the Office of written notice of such decree, order, other legal process, or agreement, and such additional information and documentation as the Office may prescribe.
(3) For the purpose of this subsection—
(A) the term "court" means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;
(B) the term "judgment rendered for physically, sexually, or emotionally abusing a child" means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence; and
(C) the term "child" means an individual under 18 years of age.
(k)(1) The Office shall, in accordance with this subsection, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Office shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter.
(2) An annuitant may have in effect at any time only one request for withholding under this subsection, and an annuitant may not have more than two such requests in effect during any one calendar year.
(3) Subject to paragraph (2) of this subsection, an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Office, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Office.
(4) This subsection does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this subsection. The Office may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Office shall be repaid by the State in accordance with regulations issued by the Office.
(5) For the purpose of this subsection, "State" means a State, the District of Columbia, or any territory or possession of the United States.
(l) Transfers of contributions and deposits authorized by section 408(a)(3) of the Foreign Service Act of 1980 shall be deemed to be a complete and final payment of benefits under this chapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 31, 1956, ch. 804, §401 "Sec. 14", |
||
Sept. 6, 1960, |
In subsection (b), the second sentence of former section 2264(b) is omitted as included in the second sentence of the revised subsection. The words "after September 5, 1960" are substituted for "on or after September 6, 1960".
In subsection (c), the first sentence of former section 2264(c) is omitted as covered by the remainder of the subsection. The words "on or after September 6, 1960" are omitted as obsolete.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 408(a)(3) of the Foreign Service Act of 1980, referred to in subsec. (l), is classified to
Amendments
1994—Subsec. (j)(1).
Subsec. (j)(2).
Subsec. (j)(3).
1990—Subsec. (l).
1986—Subsec. (f).
1984—Subsec. (f)(4).
Subsec. (j)(3).
1982—Subsec. (a).
Subsec. (b).
1981—Subsec. (k).
1978—Subsecs. (d), (e).
Subsec. (g).
Subsec. (h).
Subsec. (i).
Subsec. (j).
1975—Subsec. (g).
Subsec. (h).
1974—Subsec. (f).
Effective Date of 1994 Amendment
Section 3 of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by section 304(b) of
Section 305(b) of
Effective Date of 1981 Amendment
Section 1705(b) of
Effective Date of 1978 Amendments
Amendment by
Section 2 of
Effective Date of 1975 Amendment
Amendment by
Effective Date of 1974 Amendment
Section 3 of
Minimum Annuity Under Civil Service Retirement and Disability System
Section 305(b)–(d) of
"(b)
"(1) by reason of the repeal of
"(2) if or to the extent that the reduction is to be made for the purpose of eliminating an overpayment resulting from the manner in which such section 8345(f) has been administered by the Office of Personnel Management.
"(c)
"(d)
"(A) is payable from the Civil Service Retirement and Disability Fund; and
"(B) was reduced after June 30, 1985, and before the date of enactment of this Act, to eliminate any overpayment resulting from the manner in which the Office of Personnel Management administered
shall not be less than the amount which would have been payable as of such date of enactment if the reduction described in clause (B) had not been made.
"(2)(A) The Office shall make a lump-sum payment to each individual receiving an annuity to which paragraph (1) applies.
"(B) The lump-sum payment made to any individual under this paragraph shall be equal to the excess of—
"(i) the total amount of the annuity payments which would have been made to the individual for the period beginning with the first month in which the reduction described in paragraph (1)(B) was made and ending on the last day of the month in which this Act is enacted if the reduction had not been made, over
"(ii) the total amount of the annuity payments which have been paid to such individual for that period."
Availability of the Civil Service Retirement and Disability Fund for Expenses Incurred by the Office of Personnel Management
Section 1705(c) of
Monthly Rate of Minimum Annuity
Section 2(c) of
Section Referred to in Other Sections
This section is referred to in
§8346. Exemption from legal process; recovery of payments
(a) The money mentioned by this subchapter is not assignable, either in law or equity, except under the provisions of subsections (h) and (j) of
(b) Recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Office of Personnel Management, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this subchapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
July 31, 1956, ch. 804, §401 "Sec. 15", |
In subsection (b), the words "Notwithstanding any other provision of law" are omitted as unnecessary. The second word of the second sentence "or" is substituted for "of" to correct a printing error.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Subsec. (a).
Subsec. (b).
1975—Subsec. (a).
Effective Date of 1978 Amendments
Amendment by
Amendment by
Federal Rules of Civil Procedure
Execution to enforce judgment, see rule 69, Title 28, Appendix, Judiciary and Judicial Procedure.
Cross References
Enforcement of legal obligations to provide child support or make alimony payments, see
§8347. Administration; regulations
(a) The Office of Personnel Management shall administer this subchapter. Except as otherwise specifically provided herein, the Office shall perform, or cause to be performed, such acts and prescribe such regulations as are necessary and proper to carry out this subchapter.
(b) Applications under this subchapter shall be in such form as the Office prescribes. Agencies shall support the applications by such certificates as the Office considers necessary to the determination of the rights of applicants. The Office shall adjudicate all claims under this subchapter.
(c) The Office shall determine questions of disability and dependency arising under this subchapter. Except to the extent provided under subsection (d) of this section, the decisions of the Office concerning these matters are final and conclusive and are not subject to review. The Office may direct at any time such medical or other examinations as it considers necessary to determine the facts concerning disability or dependency of an individual receiving or applying for annuity under this subchapter. The Office may suspend or deny annuity for failure to submit to examination.
(d)(1) Subject to paragraph (2) of this subsection, an administrative action or order affecting the rights or interests of an individual or of the United States under this subchapter may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board.
(2) In the case of any individual found by the Office to be disabled in whole or in part on the basis of the individual's mental condition, and that finding was made pursuant to an application by an agency for purposes of disability retirement under
(e) The Office shall fix the fees for examinations made under this subchapter by physicians or surgeons who are not medical officers of the United States. The fees and reasonable traveling and other expenses incurred in connection with the examinations are paid from appropriations for the cost of administering this subchapter.
(f) The Office shall select three actuaries, to be known as the Board of Actuaries of the Civil Service Retirement System. The Office shall fix the pay of the members of the Board, except members otherwise in the employ of the United States. The Board shall report annually on the actuarial status of the System and furnish its advice and opinion on matters referred to it by the Office. The Board may recommend to the Office and to Congress such changes as in the Board's judgment are necessary to protect the public interest and maintain the System on a sound financial basis. The Office shall keep, or cause to be kept, such records as it considers necessary for making periodic actuarial valuations of the System. The Board shall make actuarial valuations every 5 years, or oftener if considered necessary by the Office.
(g) The Office may exclude from the operation of this subchapter an employee or group of employees in or under an Executive agency whose employment is temporary or intermittent. However, the Office may not exclude any employee who occupies a position on a part-time career employment basis (as defined in
(h) The Office, on recommendation by the Mayor of the District of Columbia, may exclude from the operation of this subchapter an individual or group of individuals employed by the government of the District of Columbia whose employment is temporary or intermittent.
(i) The Architect of the Capitol may exclude from the operation of this subchapter an employee under the Office of the Architect of the Capitol whose employment is temporary or of uncertain duration.
(j) The Librarian of Congress may exclude from the operation of this subchapter an employee under the Library of Congress whose employment is temporary or of uncertain duration.
(k) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this subchapter to an individual named by
(l) The Director or Acting Director of the Botanic Garden may exclude from the operation of this subchapter an employee under the Botanic Garden whose employment is temporary or of uncertain duration.
(m) Notwithstanding any other provision of law, for the purpose of ensuring the accuracy of information used in the administration of this chapter, at the request of the Director of the Office of Personnel Management—
(1) the Secretary of Defense or the Secretary's designee shall provide information on retired or retainer pay provided under title 10;
(2) the Secretary of Veterans Affairs shall provide information on pensions or compensation provided under title 38;
(3) the Commissioner of Social Security or the Secretary's 1 designee shall provide information contained in the records of the Social Security Administration; and
(4) the Secretary of Labor or the Secretary's designee shall provide information on benefits paid under subchapter I of
The Director shall request only such information as the Director determines is necessary. The Director, in consultation with the officials from whom information is requested, shall establish, by regulation and otherwise, such safeguards as are necessary to ensure that information made available under this subsection is used only for the purpose authorized.
(n)(1) Notwithstanding any other provision of this subchapter, the Director of Central Intelligence shall, in a manner consistent with the administration of this subchapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence—
(A) determine entitlement to benefits under this subchapter based on the service of employees of the Central Intelligence Agency;
(B) maintain records relating to the service of such employees;
(C) compute benefits under this subchapter based on the service of such employees;
(D) collect deposits to the Fund made by such employees, their spouses, and their former spouses;
(E) authorize and direct disbursements from the Fund to the extent based on service of such employees; and
(F) perform such other functions under this subchapter as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate.
(2) The Director of the Office of Personnel Management shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence requests to carry out paragraph (1) of this subsection.
(3)(A) The Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, shall by regulation prescribe appropriate procedures to carry out this subsection.
(B) The regulations shall provide procedures for the Director of the Office of Personnel Management to inspect and audit disbursements from the Civil Service Retirement and Disability Fund under this subchapter.
(C) The Director of Central Intelligence shall submit the regulations prescribed under subparagraph (A) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect.
(4)(A) Section 201(c) of the Central Intelligence Agency Retirement Act shall apply in the administration of this subchapter to the extent that the provisions of this subchapter are administered under this subsection.
(B) Notwithstanding subparagraph (A) of this paragraph,
(o) Any provision of law outside of this subchapter which provides coverage, service credit, or any other benefit under this subchapter to any individuals who (based on their being employed by an entity other than the Government) would not otherwise be eligible for any such coverage, credit, or benefit, shall not apply with respect to any individual appointed, transferred, or otherwise commencing that type of employment on or after October 1, 1988.
(p) The Director of the Administrative Office of the United States Courts may exclude from the operation of this subchapter an employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or a court named by
(q)(1) Under regulations prescribed by the Office of Personnel Management, an employee who—
(A) has not previously made an election under this subsection or had an opportunity to make an election under this paragraph;
(B) has 5 or more years of civilian service creditable under this subchapter; and
(C) moves, without a break in service of more than 1 year, to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c),
shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered as an employee under this subchapter during any employment described in section 2105(c) after such move.
(2) Under regulations prescribed by the Office of Personnel Management, an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, described in section 2105(c), who—
(A) has not previously made an election under this subsection or had an opportunity to make an election under this paragraph;
(B) is a vested participant in a retirement system established for employees described in section 2105(c), as the term "vested participant" is defined by such system;
(C) moves, without a break in service of more than 1 year, to a position that is not described in section 2105(c); and
(D) is excluded from coverage under
shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered, during any subsequent employment as an employee as defined in section 2105(a) or section 2105(c), by the retirement system applicable to such employee's current or most recent employment described in section 2105(c) rather than be subject to this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)–(f) | July 31, 1956, ch. 804, §401 "Sec. 16 (less (f))", |
|
(g)–(k) | July 31, 1956, ch. 804, §401 "Sec. 2(e), (f) (words after semicolon)", |
|
July 1, 1960, |
In subsection (a), the words "to carry out this subchapter" are substituted for "for the purpose of carrying the provisions of this chapter into full force and effect".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8347(l) | 5 App.: 2252(f). | Sept. 26, 1966, |
References in Text
Section 201(c) of the Central Intelligence Agency Retirement Act, referred to in subsec. (n)(4)(A), is classified to
Amendments
1996—Subsec. (q)(1).
Subsec. (q)(2)(C).
1994—Subsec. (m)(3).
1992—Subsec. (n)(4)(A).
Subsec. (p).
Subsec. (q).
Subsec. (q)(1)(A), (2)(A).
1991—Subsec. (m)(2).
1990—Subsec. (p).
1988—Subsec. (o).
1986—Subsec. (n).
1982—Subsec. (m)(3), (4).
1980—Subsec. (c).
Subsec. (d).
Subsec. (m).
1979—Subsec. (h).
1978—Subsecs. (a) to (c).
Subsec. (d).
Subsecs. (e), (f).
Subsec. (g).
Subsec. (h).
1968—Subsec. (h).
Effective Date of 1996 Amendment
For effective date of amendments by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendments
Amendment by
Amendment by section 2(64) of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
Effective Date of 1980 Amendments
Section 2 of
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1968 Amendment
Amendment by
Regulations; Effective Date of 1996 Amendment
Section 1043(b), (c) of
"(b)
"(c)
"(1)
"(2)
"(A)
"(B)
"(i) shall be made within 1 year after the effective date of the regulations under subsection (b), and
"(ii) shall have the same force and effect as if it had been timely made at the time of the move,
except that no such election may be made by any individual—
"(I) who has previously made, or had an opportunity to make, an election under
"(II) who has not, since the move on which eligibility for the election is based, remained continuously subject (disregarding any break in service of less than 3 days) to CSRS or FERS or both seriatim (if the move was from a NAFI position) or any retirement system (or 2 or more such systems seriatim) established for employees described in section 2105(c) of such title (if the move was to a NAFI position); or
"(III) if such election would be based on a move to the Civil Service Retirement System from a retirement system established for employees described in section 2105(c) of such title.
"(C)
"(i)
"(ii)
"(iii)
"(I)
"(II)
"(D)
"(i)
"(I) is then currently participating in FERS; and
"(II) would then otherwise be eligible to make an election under subparagraphs (A) through (C) of this paragraph, determined disregarding the matter in subclause (I) of subparagraph (B) before the first semicolon therein.
"(ii)
"(iii)
"(iv)
"(v)
"(I) appropriate transfers of individual and Government contributions are made to the Civil Service Retirement and Disability Fund; and
"(II) the actuarial present value of future benefits under FERS attributable to service made creditable by such election is fully funded.
"(E)
"(i)
"(I) is then currently participating in any retirement system established for employees described in
"(II) would then otherwise be eligible to make an election under subparagraphs (A) through (C) of this paragraph (determined disregarding the matter in subclause (I) of subparagraph (B) before the first semicolon therein) based on a move from FERS.
"(ii)
"(iii)
"(iv)
"(v)
"(I)
"(II)
"(3)
"(A) shall, upon request, be provided information or assistance in determining whether such individual is eligible to make an election under paragraph (2) and, if so, the exact amount of any payment which would be required of such individual in connection with any such election; and
"(B) may seek any other information or assistance relating to any such election."
Treatment of Individuals Electing To Remain Subject to Their Former Retirement System
For provisions relating to the deductions and contributions required with respect to individuals electing under
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "Commissioner's".
§8348. Civil Service Retirement and Disability Fund
(a) There is a Civil Service Retirement and Disability Fund. The Fund—
(1) is appropriated for the payment of—
(A) benefits as provided by this subchapter or by the provisions of
(B) administrative expenses incurred by the Office of Personnel Management in placing in effect each annuity adjustment granted under
(2) is made available, subject to such annual limitation as the Congress may prescribe, for any expenses incurred by the Office in connection with the administration of this chapter,
(3) is made available, subject to such annual limitation as the Congress may prescribe, for any expenses incurred by the Merit Systems Protection Board in the administration of appeals authorized under
(b) The Secretary of the Treasury may accept and credit to the Fund money received in the form of a donation, gift, legacy, or bequest, or otherwise contributed for the benefit of civil-service employees generally.
(c) The Secretary shall immediately invest, in interest-bearing securities of the United States such currently available portions of the Fund as are not immediately required for payments from the Fund. The income derived from these investments constitutes a part of the Fund.
(d) The purposes for which obligations of the United States may be issued under
(e) The Secretary may purchase other interest-bearing obligations of the United States, or obligations guaranteed as to both principal and interest by the United States, on original issue or at the market price only if he determines that the purchases are in the public interest.
(f) Any statute which authorizes—
(1) new or liberalized benefits payable from the Fund, including annuity increases other than under
(2) extension of the coverage of this subchapter to new groups of employees; or
(3) increases in pay on which benefits are computed;
is deemed to authorize appropriations to the Fund to finance the unfunded liability created by that statute, in 30 equal annual installments with interest computed at the rate used in the then most recent valuation of the Civil Service Retirement System and with the first payment thereof due as of the end of the fiscal year in which each new or liberalized benefit, extension of coverage, or increase in pay is effective.
(g) At the end of each fiscal year, the Office shall notify the Secretary of the Treasury of the amount equivalent to (1) interest on the unfunded liability computed for that year at the interest rate used in the then most recent valuation of the System, and (2) that portion of disbursement for annuities for that year which the Office estimates is attributable to credit allowed for military service, less an amount determined by the Office to be appropriate to reflect the value of the deposits made to the credit of the Fund under
(h)(1) Notwithstanding any other statute, the United States Postal Service shall be liable for that portion of any estimated increase in the unfunded liability of the Fund which is attributable to any benefits payable from the Fund to active and retired Postal Service officers and employees, and to their survivors, when the increase results from an employee-management agreement under title 39, or any administrative action by the Postal Service taken pursuant to law, which authorizes increases in pay on which benefits are computed.
(2) The estimated increase in the unfunded liability, referred to in paragraph (1) of this subsection, shall be determined by the Office of Personnel Management. The United States Postal Service shall pay the amount so determined to the Office in 30 equal annual installments with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System, with the first payment thereof due at the end of the fiscal year in which an increase in pay becomes effective.
(i)(1) Notwithstanding any other provision of law, the Panama Canal Commission shall be liable for that portion of any estimated increase in the unfunded liability of the fund which is attributable to any benefits payable from the Fund to or on behalf of employees and their survivors to the extent attributable to the amendments made by sections 1241 and 1242, and the provisions of sections 1231(b) and 1243(a)(1), of the Panama Canal Act of 1979, and the amendments made by section 3506 of the Panama Canal Commission Authorization Act for Fiscal Year 1991.
(2) The estimated increase in the unfunded liability referred to in paragraph (1) of this subsection shall be determined by the Office of Personnel Management. The Panama Canal Commission shall pay to the Fund from funds available to it for that purpose the amount so determined in annual installments with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System.
(j)(1) Notwithstanding subsection (c) of this section, the Secretary of the Treasury may suspend additional investment of amounts in the Fund if such additional investment could not be made without causing the public debt of the United States to exceed the public debt limit.
(2) Any amounts in the Fund which, solely by reason of the public debt limit, are not invested shall be invested by the Secretary of the Treasury as soon as such investments can be made without exceeding the public debt limit.
(3) Upon expiration of the debt issuance suspension period, the Secretary of the Treasury shall immediately issue to the Fund obligations under
(4) On the first normal interest payment date after the expiration of any debt issuance suspension period, the Secretary of the Treasury shall pay to the Fund, from amounts in the general fund of the Treasury of the United States not otherwise appropriated, an amount determined by the Secretary to be equal to the excess of—
(A) the net amount of interest that would have been earned by the Fund during such debt issuance suspension period if—
(i) amounts in the Fund that were not invested during such debt issuance suspension period solely by reason of the public debt limit had been invested, and
(ii) redemptions and disinvestments with respect to the Fund which occurred during such debt issuance suspension period solely by reason of the public debt limit had not occurred, over
(B) the net amount of interest actually earned by the Fund during such debt issuance suspension period.
(5) For purposes of this subsection and subsections (k) and (l) of this section—
(A) the term "public debt limit" means the limitation imposed by
(B) the term "debt issuance suspension period" means any period for which the Secretary of the Treasury determines for purposes of this subsection that the issuance of obligations of the United States may not be made without exceeding the public debt limit.
(k)(1) Subject to paragraph (2) of this subsection, the Secretary of the Treasury may sell or redeem securities, obligations, or other invested assets of the Fund before maturity in order to prevent the public debt of the United States from exceeding the public debt limit.
(2) The Secretary may sell or redeem securities, obligations, or other invested assets of the Fund under paragraph (1) of this subsection only during a debt issuance suspension period, and only to the extent necessary to obtain any amount of funds not exceeding the amount equal to the total amount of the payments authorized to be made from the Fund under the provisions of this subchapter or
(l)(1) The Secretary of the Treasury shall report to Congress on the operation and status of the Fund during each debt issuance suspension period for which the Secretary is required to take action under paragraph (3) or (4) of subsection (j) of this section. The report shall be submitted as soon as possible after the expiration of such period, but not later than the date that is 30 days after the first normal interest payment date occurring after the expiration of such period.
(2) Whenever the Secretary of the Treasury determines that, by reason of the public debt limit, the Secretary will be unable to fully comply with the requirements of subsection (c) of this section, the Secretary shall immediately notify Congress of the determination. The notification shall be made in writing.
(m)(1) Notwithstanding any other provision of law, the United States Postal Service shall be liable for that portion of any estimated increase in the unfunded liability of the Fund which is attributable to any benefits payable from the Fund to former employees of the Postal Service who first become annuitants by reason of separation from the Postal Service on or after July 1, 1971, or to their survivors, or to the survivors of individuals who die on or after July 1, 1971, while employed by the Postal Service, when the increase results from a cost-of-living adjustment under
(2) The estimated increase in the unfunded liability referred to in paragraph (1) of this subsection shall be determined by the Office after consultation with the Postal Service. The Postal Service shall pay the amount so determined to the Office in 15 equal annual installments with interest computed at the rate used in the most recent valuation of the Civil Service Retirement System, and with the first payment thereof due at the end of the fiscal year in which the cost-of-living adjustment with respect to which the payment relates becomes effective.
(3) In determining any amount for which the Postal Service is liable under this subsection, the amount of the liability shall be prorated to reflect only that portion of total service (used in computing the benefits involved) which is attributable to civilian service performed after June 30, 1971, as estimated by the Office.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)–(f) | July 31, 1956, ch. 804, §401 "Sec. 17", |
|
Oct. 4, 1961, |
||
(g) | [Uncodified]. | Aug. 28, 1958, |
In subsection (a), the first sentence is based on former section 2251(f), which is carried into section 8331.
In subsection (f), the words "to carry out this subchapter" are substituted for "to continue this chapter in full force and effect".
In subsection (g), the words "after the enactment of this Act" are omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8348(a) | 5 App.: 2267(a). | Sept. 27, 1965, |
The change in subsection (f) is made for uniformity in style and because the full title of the Commission appears in subsection (a).
References in Text
Sections 1241 and 1242 of the Panama Canal Act of 1979 [
Sections 1231(b) and 1243(a)(1) of the Panama Canal Act of 1979 [
Section 3506 of the Panama Canal Commission Authorization Act for Fiscal Year 1991 [
Amendments
1998—Subsec. (g).
1996—Subsec. (l)(1).
1995—Subsec. (a)(1)(B).
1994—Subsec. (a)(3).
1990—Subsec. (a)(1)(B).
Subsec. (i)(1).
Subsec. (m)(1).
1989—Subsec. (m).
1987—Subsec. (i)(2).
1986—Subsec. (a).
Subsecs. (j) to (l).
1984—Subsec. (a)(1)(B).
Subsec. (d).
1982—Subsec. (a)(1)(B).
Subsec. (g).
1979—Subsec. (i).
1978—Subsecs. (a), (g), (h)(2).
1975—Subsec. (h)(2).
1974—Subsec. (h).
1969—Subsec. (a).
Subsec. (f).
Subsec. (g).
Effective Date of 1990 Amendment
Section 7101(d) of
Effective Date of 1989 Amendment
Section 4002(b)(1) of
Effective Date of 1987 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1982 Amendments
Amendment by
Amendment by
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1974 Amendment
Amendment by
Effective Date of 1969 Amendment
Section 103(b)(1) of
Payments To Reimburse Fund for Increase in Unfunded Liability
"(1) The Department of Energy shall pay into the Civil Service Retirement and Disability Fund an amount determined by the Director of the Office of Personnel Management to be necessary to reimburse the Fund for any estimated increase in the unfunded liability of the Fund resulting from the amendments related to the Civil Service Retirement System under this section [amending
"(2) The Department shall pay the amount so determined in five equal annual installments with interest computed at the rate used in the most recent valuation of the Federal Employees Retirement System.
"(3) The Department shall make payments under this subsection from amounts available for weapons activities of the Department."
Payments by Postal Service Relating to Corrected Calculations for Past Retirement COLAs
"(1) at least one-third shall be paid not later than September 30, 1996;
"(2) at least two-thirds shall be paid not later than September 30, 1997; and
"(3) any remaining balance shall be paid not later than September 30, 1998."
Timely Processing of Retirement Benefits
"(1) In order to ensure the timely processing of applications for retirement benefits, under the Civil Service Retirement System or the Federal Employees' Retirement System, for civilian employees of the Department of Defense and other employees who retire when their agency is undergoing a major reorganization, a major reduction in force, or a major transfer of function, the costs incurred by the Office of Personnel Management in processing any such application shall be deemed to be an administrative expense described in
"(2) This subsection shall apply with respect to applications for retirement benefits based on separations occurring before January 1, 2002."
Pre-1991 Cost-of-Living Adjustments
Section 7101(c) of
"(1) For the purpose of this subsection—
"(A) the term 'pre-1991 COLA' means a cost-of-living adjustment which took effect in any of the fiscal years specified in subparagraphs (A)–(N) of paragraph (3);
"(B) the term 'post-1990 fiscal year' means a fiscal year after fiscal year 1990; and
"(C) the term 'pre-1991 fiscal year' means a fiscal year before fiscal year 1991.
"(2) Notwithstanding any other provision of law, an installment (equal to an amount determined by reference to paragraph (3)) shall be payable by the United States Postal Service in a post-1990 fiscal year, with respect to a pre-1991 COLA, if such fiscal year occurs within the 15-fiscal-year period which begins with the first fiscal year in which that COLA took effect.
"(3) Notwithstanding any provision of
"(A) $6,500,000 each, with respect to the cost-of-living adjustment which took effect in fiscal year 1977;
"(B) $7,000,000 each, with respect to the cost-of-living adjustment which took effect in fiscal year 1978;
"(C) $10,400,000 each, with respect to the cost-of-living adjustment which took effect in fiscal year 1979;
"(D) $20,500,000 each, with respect to the cost-of-living adjustment which took effect in fiscal year 1980;
"(E) $26,100,000 each, with respect to the cost-of-living adjustment which took effect in fiscal year 1981;
"(F) $28,100,000 each, with respect to the cost-of-living adjustment which took effect in fiscal year 1982;
"(G) $30,600,000 each, with respect to the cost-of-living adjustment which took effect in fiscal year 1983;
"(H) $5,700,000 each, with respect to the cost-of-living adjustment which took effect in fiscal year 1984;
"(I) $19,400,000 each, with respect to the cost-of-living adjustment which took effect in fiscal year 1985;
"(J) $7,400,000 each, with respect to the cost-of-living adjustment which took effect in fiscal year 1986;
"(K) $8,500,000 each, with respect to the cost-of-living adjustment which took effect in fiscal year 1987;
"(L) $36,800,000 each, with respect to the cost-of-living adjustment which took effect in fiscal year 1988;
"(M) $51,600,000 each, with respect to the cost-of-living adjustment which took effect in fiscal year 1989; and
"(N) $63,500,000 each, with respect to the cost-of-living adjustment which took effect in fiscal year 1990.
"(4) Any installment payable under this subsection shall be paid by the Postal Service at the same time as when it pays any installments due in that same fiscal year under
"(5) An installment payable under this subsection in a fiscal year, with respect to a pre-1991 COLA, shall be in lieu of any other installment for which the Postal Service might otherwise be liable in such fiscal year, with respect to such COLA, under
[Amendment by
Payments Relating to Amounts Which Would Have Been Due Before Fiscal Year 1987
Section 7103 of
"(a)
"(b)
"(1) $216,000,000, not later than September 30, 1991;
"(2) $266,000,000, not later than September 30, 1992;
"(3) $316,000,000, not later than September 30, 1993;
"(4) $416,000,000, not later than September 30, 1994; and
"(5) $471,000,000, not later than September 30, 1995.
"(c)
"(1) $56,000,000, not later than September 30, 1991;
"(2) $47,000,000, not later than September 30, 1992;
"(3) $62,000,000, not later than September 30, 1993;
"(4) $56,000,000, not later than September 30, 1994; and
"(5) $234,000,000, not later than September 30, 1995."
Certain Postal Service Annuitants; Size of Annual Installments To Fund Previous Years' COLAs
Section 4002(b)(2) of
Certain Postal Service Annuitants; Additional Amount Payable
Section 4002(b)(3) of
Status of Original Subsec. (g) Provisions During Period From Oct. 20, 1969 to June 30, 1970
Section 103(b)(2) of
Inapplicability to Benefits Under Pub. L. 89–737 of Prohibition Against Payment of Increased Annuity Benefit Without Compensating Appropriation
Section 3 of
Redemption of Obligations Held Prior to Oct. 4, 1961; Reinvestment of Proceeds
Section Referred to in Other Sections
This section is referred to in
§8349. Offset relating to certain benefits under the Social Security Act
(a)(1) Notwithstanding any other provision of this subchapter, if an individual under section 8402(b)(2) is entitled, or would on proper application be entitled, to old-age insurance benefits under title II of the Social Security Act, the annuity otherwise payable to such individual shall be reduced under this subsection.
(2) A reduction under this subsection commences beginning with the first month for which the individual both—
(A) is entitled to an annuity under this subchapter; and
(B) is entitled, or would on proper application be entitled, to old-age insurance benefits under title II of the Social Security Act.
(3)(A)(i) Subject to clause (ii) and subparagraphs (B) and (C), the amount of a reduction under this subsection shall be equal to the difference between—
(I) the old-age insurance benefit which would be payable to the individual for the month referred to in paragraph (2); and
(II) the old-age insurance benefit which would be so payable, excluding all wages derived from Federal service of the individual, and assuming the individual were fully insured (as defined by section 214(a) of the Social Security Act).
(ii) For purposes of this subsection, the amount of a benefit referred to in subclause (I) or (II) of clause (i) shall be determined without regard to subsections (b) through (l) of section 203 of the Social Security Act, and without regard to the requirement that an application for such benefit be filed.
(B) A reduction under this subsection—
(i) may not exceed an amount equal to the product of—
(I) the old-age insurance benefit to which the individual is entitled (or would on proper application be entitled) for the month referred to in paragraph (2), determined without regard to subsections (b) through (l) of section 203 of the Social Security Act; and
(II) a fraction, as determined under section 8421(b)(3) with respect to the individual, except that the reference to "service" in subparagraph (A) of such section shall be considered to mean Federal service; and
(ii) may not cause the annuity payment for an individual to be reduced below zero.
(C) An amount computed under subclause (I) or (II) of subparagraph (A)(i), or under subparagraph (B)(i)(I), for purposes of determining the amount of a reduction under this subsection shall be adjusted under
(4) A reduction under this subsection applies with respect to the annuity otherwise payable to such individual under this subchapter (other than under section 8337) for the month involved—
(A) based on service of such individual; and
(B) without regard to section 8345(j), if otherwise applicable.
(5) The operation of the preceding paragraphs of this subsection shall not be considered for purposes of applying the provisions of the second sentence of section 215(a)(7)(B)(i) or the provisions of section 215(d)(5)(ii) of the Social Security Act in determining any amount under subclause (I) or (II) of paragraph (3)(A)(i) or paragraph (3)(B)(i)(I) for purposes of this subsection.
(b)(1) Notwithstanding any other provision of this subchapter—
(A) a disability annuity to which an individual described in section 8402(b)(2) is entitled under this subchapter, and
(B) a survivor annuity to which a person is entitled under this subchapter based on the service of an individual described in section 8402(b)(2),
shall be subject to reduction under this subsection if that individual or person is also entitled (or would on proper application also be entitled) to any similar benefits under title II of the Social Security Act based on the wages and self-employment income of such individual described in section 8402(b)(2).
(2)(A) Subject to subparagraph (B), reductions under this subsection shall be made in a manner consistent with the manner in which reductions under subsection (a) are computed and otherwise made.
(B) Reductions under this subsection shall be discontinued if, or for so long as, entitlement to the similar benefits under title II of the Social Security Act (as referred to in paragraph (1)) is terminated (or, in the case of an individual who has not made proper application therefor, would be terminated).
(3) For the purpose of applying section 224 of the Social Security Act to the disability insurance benefit used to compute the reduction under this subsection, the amount of the CSRS annuity considered shall be the amount of the CSRS annuity before application of this section.
(4) The Office shall prescribe regulations to carry out this subsection.
(c) For the purpose of this section, the term "Federal service" means service which is employment for the purposes of title II of the Social Security Act and
(d) In administering subsections (a) through (c)—
(1) the terms "an individual under section 8402(b)(2)" and "an individual described in section 8402(b)(2)" shall each be considered to include any individual—
(A) who is subject to this subchapter as a result of any provision of law described in section 8347(o), and
(B) whose employment (as described in section 8347(o)) is also employment for purposes of title II of the Social Security Act and
(2) the term "Federal service", as applied with respect to any individual to whom this section applies as a result of paragraph (1), means any employment referred to in paragraph (1)(B) performed after December 31, 1983.
(Added
References in Text
The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531,
Section 101 of the Social Security Amendments of 1983 [
Amendments
1988—Subsec. (d).
1986—Subsec. (c).
Effective Date of 1988 Amendment
Amendment by
Effective Date
Section effective Jan. 1, 1987, see section 702(a) of
Offsets To Prevent Full Double Coverage for Employees of Park Police and Secret Service
For provisions relating to offsets for prevention of full double coverage for employees of Park Police and Secret Service, see section 103(e) of
Section Referred to in Other Sections
This section is referred to in title 22 section 4046; title 50 section 2031.
§8350. Retirement counseling
(a) For the purposes of this section, the term "retirement counselor", when used with respect to an agency, means an employee of the agency who is designated by the head of the agency to furnish information on benefits under this subchapter and
(b) The Director of the Office of Personnel Management shall establish a training program for all retirement counselors of agencies of the Federal Government.
(c)(1) The training program established under subsection (b) of this section shall provide for comprehensive training in the provisions and administration of this subchapter and
(2) The Director shall conduct a training session under the training program at least once every 3 months.
(3) Once each year, each retirement counselor of an agency shall successfully complete a training session conducted under the training program.
(Added
Amendments
1986—Subsec. (c)(1).
Effective Date
Section effective June 6, 1986, see section 702(b)(3) of
§8351. Participation in the Thrift Savings Plan
(a)(1) An employee or Member may elect to contribute to the Thrift Savings Fund established by
(2) An election may be made under paragraph (1) only during a period provided under section 8432(b) for individuals who are subject to
(b)(1) Except as otherwise provided in this subsection, the provisions of subchapters III and VII of
(2) An employee or Member may contribute to the Thrift Savings Fund in any pay period any amount not exceeding 5 percent of the amount of the employee's or Member's basic pay for such period.
(3) No contributions may be made by an employing agency for the benefit of an employee or Member under
(4)
(5)(A) The provisions of
(B) An election or change of election authorized by subchapter III of
(C) Subparagraph (B) may be waived with respect to a spouse if the employee or Member establishes to the satisfaction of the Executive Director of the Federal Retirement Thrift Investment Board that the whereabouts of such spouse cannot be determined.
(D) Except with respect to the making of loans or withdrawals under section 8433(g) or (h), none of the provisions of this paragraph requiring notification to a spouse or former spouse of an employee, Member, former employee, or former Member shall apply in any case in which the nonforfeitable account balance of the employee, Member, former employee, or former Member is $3,500 or less.
(6) Notwithstanding paragraph (4), if an employee or Member separates from Government employment and such employee's or Member's nonforfeitable account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment.
(7) For the purpose of this section, the term "nonforfeitable account balance" has the same meaning as under section 8401(32).
(8) In applying section 8432b to an employee contributing to the Thrift Savings Fund after being restored to or reemployed in a position subject to this subchapter, pursuant to
(A) any reference in such section to contributions under section 8432(a) shall be considered a reference to employee contributions under this section;
(B) the contribution rate under section 8432b(b)(2)(A) shall be the maximum percentage allowable under subsection (b)(2) of this section; and
(C) subsections (c) and (d) of section 8432b shall be disregarded.
(9) For the purpose of this section, separation from Government employment includes a transfer described in section 8431.
(c) A member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980 shall be ineligible to make any election under this section.
(d) A foreign national employee of the Central Intelligence Agency whose services are performed outside the United States shall be ineligible to make an election under this section.
(e) The Executive Director of the Federal Retirement Thrift Investment Board may prescribe regulations to carry out this section.
(Added
Contingent Amendment of Subsection (b)(8)(A)
References in Text
Section 103(6) of the Foreign Service Act of 1980, referred to in subsec. (c), is classified to
Amendments
1999—Subsec. (b)(8).
Subsec. (b)(9).
Subsec. (b)(11).
1996—Subsec. (b)(5)(B).
Subsec. (b)(5)(D).
Subsec. (b)(6).
1994—Subsec. (b)(4).
Subsec. (b)(5).
Subsec. (b)(5)(B) to (D).
Subsec. (b)(6).
Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9), (10).
Subsec. (b)(11).
1992—Subsec. (b)(4).
1991—Subsecs. (d), (e).
1990—Subsec. (b)(7)(D).
Subsec. (b)(8).
Subsec. (b)(9), (10).
1988—Subsecs. (c), (d).
Effective Date of 1999 Amendments
Amendment by
Amendment by section 661(a)(3)(B)(ii) of
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendments
Amendment by
Section 9(j) of
Effective Date of 1992 Amendment
Section 4437(d) of
Effective Date of 1991 Amendment
Section 308(b) of
"(1) The amendment made by subsection (a) [amending this section] shall take effect as of January 1, 1987.
"(2) Any refund which becomes payable as a result of the effective date specified in paragraph (1) shall, to the extent that that refund involves an individual's contributions to the Thrift Savings Fund (established under
Effective Date of 1990 Amendment
Section 3(c) of
Section 6(c) of
Effective Date of 1988 Amendment
Section 111(b) of
Effective Date
Section effective Jan. 1, 1987, see section 702(a) of
Period When Election May First Be Made
Section 206(b) of
Section Referred to in Other Sections
This section is referred to in
CHAPTER 84 —FEDERAL EMPLOYEES' RETIREMENT SYSTEM
SUBCHAPTER I—GENERAL PROVISIONS
SUBCHAPTER II—BASIC ANNUITY
SUBCHAPTER III—THRIFT SAVINGS PLAN
SUBCHAPTER IV—SURVIVOR ANNUITIES
SUBCHAPTER V—DISABILITY BENEFITS
SUBCHAPTER VI—GENERAL AND ADMINISTRATIVE PROVISIONS
SUBCHAPTER VII—FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM
Contingent Amendment of Analysis
Amendments
1999—
1998—
1996—
1994—
1992—
1991—
1990—
1988—
1986—
Chapter Referred to in Other Sections
This chapter is referred to in
SUBCHAPTER I—GENERAL PROVISIONS
§8401. Definitions
For the purpose of this chapter—
(1) the term "account" means an account established and maintained under
(2) the term "annuitant" means a former employee or Member who, on the basis of that individual's service, meets all requirements for title to an annuity under subchapter II or V of this chapter and files claim therefor;
(3) the term "average pay" means the largest annual rate resulting from averaging an employee's or Member's rates of basic pay in effect over any 3 consecutive years of service or, in the case of an annuity under this chapter based on service of less than 3 years, over the total service, with each rate weighted by the period it was in effect;
(4) the term "basic pay" has the meaning given such term by section 8331(3);
(5) the term "Board" means the Federal Retirement Thrift Investment Board established by
(6) the term "Civil Service Retirement and Disability Fund" or "Fund" means the Civil Service Retirement and Disability Fund under section 8348;
(7) the term "court" means any court of any State, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, or the Virgin Islands, and any Indian court;
(8) the term "Director" means the Director of the Office of Personnel Management;
(9) the term "dynamic assumptions" means economic assumptions that are used in determining actuarial costs and liabilities of a retirement system and in anticipating the effects of long-term future—
(A) investment yields;
(B) increases in rates of basic pay; and
(C) rates of price inflation;
(10) the term "earnings", when used with respect to the Thrift Savings Fund, means the amount of the gain realized or yield received from the investment of sums in such Fund;
(11) the term "employee" means—
(A) an individual referred to in subparagraph (A), (E), (F), (H), (I), (J), or (K) of
(B) a Congressional employee as defined in
(C) an employee described in section 2105(c) who has made an election under section 8461(n)(1) to remain covered under this chapter;
whose civilian service after December 31, 1983, is employment for the purposes of title II of the Social Security Act and
(i) any individual referred to in—
(I) clause (i), (vi), or (ix) of paragraph (1) of section 8331;
(II) clause (ii) of such paragraph; or
(III) the undesignated material after the last clause of such paragraph;
(ii) any individual excluded under
(iii) a member of the Foreign Service described in section 103(6) of the Foreign Service Act of 1980; or
(iv) an employee who has made an election under section 8461(n)(2) to remain covered by a retirement system established for employees described in section 2105(c);
(12) the term "former spouse" means a former spouse of an individual—
(A) if such individual performed at least 18 months of civilian service creditable under section 8411 as an employee or Member; and
(B) if the former spouse was married to such individual for at least 9 months;
(13) the term "Executive Director" means the Executive Director appointed under section 8474(a);
(14) the term "firefighter" means—
(A) an employee, the duties of whose position—
(i) are primarily to perform work directly connected with the control and extinguishment of fires; and
(ii) are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency; and
(B) an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) for at least 3 years;
(15) the term "Government" means the Federal Government, Gallaudet College, and, in the case of an employee described in paragraph (11)(C), a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c);
(16) the term "Indian court" has the meaning given such term by section 8331(24);
(17) the term "law enforcement officer" means—
(A) an employee, the duties of whose position—
(i) are primarily—
(I) the investigation, apprehension, or detention of individuals suspected or convicted of offenses against the criminal laws of the United States, or
(II) the protection of officials of the United States against threats to personal safety; and
(ii) are sufficiently rigorous that employment opportunities should be limited to young and physically vigorous individuals, as determined by the Director considering the recommendations of the employing agency;
(B) an employee of the Department of the Interior or the Department of the Treasury (excluding any employee under subparagraph (A)) who occupies a position that, but for the enactment of the Federal Employees' Retirement System Act of 1986, would be subject to the District of Columbia Police and Firefighters' Retirement System, as determined by the Secretary of the Interior or the Secretary of the Treasury, as appropriate;
(C) an employee who is transferred directly to a supervisory or administrative position after performing duties described in subparagraph (A) and (B) for at least 3 years; and
(D) an employee—
(i) of the Bureau of Prisons or Federal Prison Industries, Incorporated;
(ii) of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated; or
(iii) in the field service at Army or Navy disciplinary barracks or at any other confinement and rehabilitation facility operated by any of the armed forces;
whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the United States or of the District of Columbia or offenses against the punitive articles of the Uniform Code of Military Justice (
(18) the term "loss", as used with respect to the Thrift Savings Fund, includes the amount of any loss resulting from the investment of sums in such Fund, or from the breach of any responsibility, duty, or obligation under section 8477.1
(19) the term "lump-sum credit" means the unrefunded amount consisting of—
(A) retirement deductions made from the basic pay of an employee or Member under
(B) amounts deposited by an employee or Member under section 8422(e);
(C) amounts deposited by an employee, Member, or survivor under section 8411(f); and
(D) interest on the deductions and deposits which, for any calendar year, shall be equal to the overall average yield to the Fund during the preceding fiscal year from all obligations purchased by the Secretary of the Treasury during such fiscal year under section 8348(c), (d), and (e), as determined by the Secretary (compounded annually);
but does not include interest—
(i) if the service covered thereby aggregates 1 year or less; or
(ii) for a fractional part of a month in the total service;
(20) the term "Member" has the same meaning as provided in section 2106, except that such term does not include an individual who irrevocably elects, by written notice to the official by whom such individual is paid, not to participate in the Federal Employees' Retirement System;
(21) the term "net earnings" means the excess of earnings over losses;
(22) the term "net losses" means the excess of losses over earnings;
(23) the term "normal-cost percentage" means the entry-age normal cost of the provisions of the System which relate to the Fund, computed by the Office in accordance with generally accepted actuarial practice and standards (using dynamic assumptions) and expressed as a level percentage of aggregate basic pay;
(24) the term "Office" means the Office of Personnel Management;
(25) the term "price index" has the same meaning as provided in section 8331(15);
(26) the term "service" means service which is creditable under section 8411;
(27) the term "supplemental liability" means the estimated excess of—
(A) the actuarial present value of all future benefits payable from the Fund under this chapter based on the service of current or former employees or Members, over
(B) the sum of—
(i) the actuarial present value of deductions to be withheld from the future basic pay of employees and Members currently subject to this chapter pursuant to section 8422;
(ii) the actuarial present value of the future contributions to be made pursuant to section 8423(a) with respect to employees and Members currently subject to this chapter;
(iii) the Fund balance as of the date the supplemental liability is determined, to the extent that such balance is attributable—
(I) to the System, or
(II) to contributions made under the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 by or on behalf of an individual who became subject to the System; and
(iv) any other appropriate amount, as determined by the Office in accordance with generally accepted actuarial practices and principles;
(28) the term "survivor" means an individual entitled to an annuity under subchapter IV of this chapter;
(29) the term "System" means the Federal Employees' Retirement System described in section 8402(a);
(30) the term "military technician (dual status)" means an employee described in
(31) the term "military service" means honorable active service—
(A) in the armed forces;
(B) in the commissioned corps of the Public Health Service after June 30, 1960; or
(C) in the commissioned corps of the National Oceanic and Atmospheric Administration, or a predecessor entity in function, after June 30, 1961;
but does not include service in the National Guard except when ordered to active duty in the service of the United States or full-time National Guard duty (as such term is defined in
(32) the term "nonforfeitable account balance" means any amounts in an account, established and maintained under subchapter III, which are nonforfeitable (as determined under section 8432(g)); and
(33) "Nuclear materials courier" has the meaning given that term in section 8331(27).
(Added
References in Text
The Social Security Act, referred to in par. (11), is act Aug. 14, 1935, ch. 531,
Section 103(6) of the Foreign Service Act of 1980, referred to in par. (11)(iii), is classified to
The Federal Employees' Retirement System Act of 1986, referred to in par. (17)(B), is
The Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, referred to in pars. (19)(A) and (27)(B)(iii)(II), is
Amendments
1999—Par. (30).
"(A) is assigned to a civilian position as a technician in the administration and training of such reserve components or in the maintenance and repair of supplies issued to such reserve components; and
"(B) as a condition of employment in such position, is required to be a member of one of such reserve components serving in a specified military grade;".
1998—Par. (33).
1996—Par. (4).
1994—Par. (11).
Par. (30).
Par. (31).
1990—Par. (11)(C).
Par. (11)(i)(I).
Par. (11)(iv).
Par. (15).
Par. (32).
1988—Par. (11)(A).
Par. (11)(i)(II).
Par. (11)(iii).
Par. (14)(A)(ii).
Par. (14)(B).
Par. (17).
1986—Par. (11).
Par. (18).
Par. (19)(C), (D).
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendments
Amendment by
Amendment by
Effective Date of 1990 Amendments
Amendment by
Amendment by
Effective Date of 1988 Amendment
Amendment by section 103(a)(2), (c), and (d)(2) of
Section 113(b)(2) of
Effective Date
Section 702(a), (b) of
"(a)
"(b)
"(2) Except as provided in section 305 of this Act [enacting and amending provisions set out as notes under
"(3) The amendments made by sections 204 and 205 of this Act [enacting
"(4) Section 701 of this Act [enacting provisions set out as a note under
"(5) Sections 505 [amending provisions formerly set out as a note under
Reference to a specific date in section 702(a) of
Short Title of 1999 Amendment
Short Title of 1998 Amendment
Short Title of 1996 Amendment
Section 101(f) [title VI, §659 [title I, §101]] of
Section 101(f) [title VI, §659 [title II, §201]] of
Short Title of 1990 Amendment
Section 1 of
Short Title of 1987 Amendment
Short Title of 1986 Amendment
Section 1 of
Short Title
Section 100(a) of
Service as Law Enforcement Officer
[
Congressional Declaration of Purpose
Section 100A of
"(1) to establish a Federal employees' retirement plan which is coordinated with title II of the Social Security Act [
"(2) to ensure a fully funded and financially sound retirement benefits plan for Federal employees;
"(3) to enhance portability of retirement assets earned as an employee of the Federal Government;
"(4) to provide options for Federal employees with respect to retirement planning;
"(5) to assist in building a quality career work force in the Federal Government;
"(6) to encourage Federal employees to increase personal savings for retirement; and
"(7) to extend financial protection from disability to additional Federal employees and to increase such protection for eligible Federal employees."
Use of Normal-Cost Percentage
Section 307 of
First Cost-of-Living Adjustment
Section 702(c) of
"(1) For purposes of the first adjustment under subsection (b) of
"(2) As used in paragraph (1), the term 'base quarter' has the meaning provided by
Cross References
Peace Corps volunteers' service credited for purposes of this subchapter, see
Retirement of employees of land-grant colleges, see
Right to compensation for scheduled disabilities specified by section 8107 not impaired by eligibility for benefits under this subchapter, see
Uniform date for retirement of Federal personnel, see
Section Referred to in Other Sections
This section is referred to in
1 So in original. The period probably should be a semicolon.
§8402. Federal Employees' Retirement System; exclusions
(a) The provisions of this chapter comprise the Federal Employees' Retirement System.
(b) The provisions of this chapter shall not apply with respect to—
(1) any individual who has performed service of a type described in subparagraph (C), (D), (E), or (F) of section 210(a)(5) of the Social Security Act continuously since December 31, 1983 (determined in accordance with the provisions of section 210(a)(5)(B) of the Social Security Act, relating to continuity of employment); or
(2)(A) any employee or Member who has separated from the service after—
(i) having been subject to—
(I) subchapter III of
(II) subchapter I of
(III) the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act; and
(ii) having completed—
(I) at least 5 years of civilian service creditable under subchapter III of
(II) at least 5 years of civilian service creditable under subchapter I of
(III) at least 5 years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act,
determined without regard to any deposit or redeposit requirement under either such subchapter or under such benefit structure, or any requirement that the individual become subject to either such subchapter or to such benefit structure after performing the service involved; or
(B) any employee having at least 5 years of civilian service performed before January 1, 1987, creditable under subchapter III of
except to the extent provided for under subsection (d) of this section or title III of the Federal Employees' Retirement System Act of 1986 pursuant to an election under such title to become subject to this chapter.
(c)(1) The Office may exclude from the operation of this chapter an employee or group of employees in or under an Executive agency, the United States Postal Service, or the Postal Rate Commission, whose employment is temporary or intermittent, except an employee whose employment is part-time career employment (as defined in section 3401(2)).
(2) The Architect of the Capitol may exclude from the operation of this chapter an employee under the Office of the Architect of the Capitol whose employment is temporary or of uncertain duration.
(3) The Librarian of Congress may exclude from the operation of this chapter an employee under the Library of Congress whose employment is temporary or of uncertain duration.
(4) The Director or Acting Director of the Botanic Garden may exclude from the operation of this chapter an employee under the Botanic Garden whose employment is temporary or of uncertain duration.
(5) The Chief Administrative Officer of the House of Representatives and the Secretary of the Senate each may exclude from the operation of this chapter a Congressional employee—
(A) whose employment is temporary or intermittent; and
(B) who is paid by such Chief Administrative Officer or Secretary, as the case may be.
(6) The Director of the Office of Technology Assessment may exclude from the operation of this chapter an employee under the Office of Technology Assessment whose employment is temporary or intermittent.
(7) The Director of the Congressional Budget Office may exclude from the operation of this chapter an employee under the Congressional Budget Office whose employment is temporary or intermittent.
(8) The Director of the Administrative Office of the United States Courts may exclude from the operation of this chapter an employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or a court named by
(9) The Joint Committee on Judicial Administration in the District of Columbia may exclude from the operation of this chapter an employee of the District of Columbia Courts whose employment is temporary or of uncertain duration.
(d) Paragraph (2) of subsection (b) shall not apply to an individual who—
(1) becomes subject to—
(A) subchapter II of
(B) the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of this chapter); and
(2) subsequently enters a position in which, but for paragraph (2) of subsection (b), such individual would be subject to this chapter.
(e) A bankruptcy judge or magistrate who is covered by
(f) A judge who is covered by
(g) A judge of the United States Court of Federal Claims who is covered by
(Added
References in Text
Section 210(a)(5) of the Social Security Act, referred to in subsec. (b)(1), is classified to
The Federal Employees' Retirement System Act of 1986, referred to in subsec. (b), is
The Foreign Service Act of 1980, referred to in subsecs. (b)(2)(A)(i)(II), (ii)(II) and (d)(1)(A), is
Section 10 of the Federal Reserve Act, referred to in subsecs. (b)(2)(A)(i)(III), (ii)(III) and (d)(1)(B), is section 10 of act Dec. 23, 1913, ch. 6,
Section 2(c) of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, referred to in subsec. (e), is section 2(c) of
Amendments
1999—Subsec. (b)(2)(A).
"(i) having been subject to subchapter III of
"(ii) having completed at least 5 years of civilian service creditable under subchapter III of
Subsec. (d).
1998—Subsec. (c)(9).
1996—Subsec. (c)(5).
1995—Subsec. (c)(7), (8).
1992—Subsec. (g).
1991—Subsec. (f).
Subsec. (g).
1990—Subsec. (c)(7).
Subsec. (g).
1989—Subsec. (f).
1988—Subsec. (b)(2).
Subsec. (d).
Subsec. (e).
1986—Subsec. (c)(5), (6).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1999 Amendment
"(1)
"(2)
"(3)
Effective Date of 1998 Amendment
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Provisions Relating to Certain Former Employees
"(1) has at least 5 years of civilian service (other than any service performed in the employ of a Federal Reserve Bank) creditable under the benefit structure for employees of the Board of Governors of the Federal Reserve System appointed before January 1, 1984, that is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act [Act Dec. 23, 1913, ch. 6, see Codification note set out under
"(2) was subsequently employed subject to the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of
"(3) after service described in paragraph (2), becomes subject to and thereafter entitled to benefits under
shall, for purposes of section 302 of the Federal Employees' Retirement System Act of 1986 [
Section Referred to in Other Sections
This section is referred to in
§8403. Relationship to the Social Security Act
Except as otherwise provided in this chapter, the benefits payable under the System are in addition to the benefits payable under the Social Security Act.
(Added
References in Text
The Social Security Act, referred to in text, is act Aug. 14, 1935, ch. 531,
SUBCHAPTER II—BASIC ANNUITY
Subchapter Referred to in Other Sections
This subchapter is referred to in
§8410. Eligibility for annuity
Notwithstanding any other provision of this chapter, an employee or Member must complete at least 5 years of civilian service creditable under section 8411 in order to be eligible for an annuity under this subchapter.
(Added
§8411. Creditable service
(a)(1) The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any.
(2) Credit may not be allowed for a period of separation from the service in excess of 3 calendar days.
(b) For the purpose of this chapter, creditable service of an employee or Member includes—
(1) employment as an employee, and any service as a Member (including the period from the date of the beginning of the term for which elected or appointed to the date of taking office as a Member), after December 31, 1986;
(2) except as provided in subsection (f), service with respect to which deductions and withholdings under section 204(a)(1) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 have been made;
(3) except as provided in subsection (f) or (h), any civilian service (performed before January 1, 1989, other than any service under paragraph (1) or (2)) which, but for the amendments made by subsections (a)(4) and (b) of section 202 of the Federal Employees' Retirement System Act of 1986, would be creditable under subchapter III of
(4) a period of service (other than any service under any other paragraph of this subsection and other than any military service) that was creditable under the Foreign Service Pension System described in subchapter II of
(5) a period of service (other than any service under any other paragraph of this subsection, any military service, and any service performed in the employ of a Federal Reserve Bank) that was creditable under the Bank Plan (as defined in subsection (i)), if the employee waives credit for such service under the Bank Plan and makes a payment to the Fund equal to the amount that would have been deducted from pay under section 8422(a) had the employee been subject to this chapter during such period of service (together with interest on such amount computed under paragraphs (2) and (3) of section 8334(e)).
Paragraph (5) shall not apply in the case of any employee as to whom subsection (g) (or, to the extent subchapter III of
(c)(1) Except as provided in paragraphs (2), (3), and (5), an employee or Member shall be allowed credit for—
(A) each period of military service performed before January 1, 1957; and
(B) each period of military service performed after December 31, 1956, and before the separation on which title to annuity is based, if a deposit (including interest, if any) is made with respect to such period in accordance with section 8422(e).
(2) If an employee or Member is awarded retired pay based on any period of military service, the service of the employee or Member may not include credit for such period of military service unless the retired pay is awarded—
(A) based on a service-connected disability—
(i) incurred in combat with an enemy of the United States; or
(ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by
(B) under
(3) An employee or Member who has made a deposit under section 8334(j) (or a similar prior provision of law) with respect to a period of military service, and who has not taken a refund of such deposit—
(A) shall be allowed credit for such service without regard to the deposit requirement under paragraph (1)(B); and
(B) shall be entitled, upon filing appropriate application therefor with the Office, to a refund equal to the difference between—
(i) the amount deposited with respect to such period under such section 8334(j) (or prior provision), excluding interest; and
(ii) the amount which would otherwise have been required with respect to such period under paragraph (1)(B).
(4)(A) Notwithstanding paragraph (2), for purposes of computing a survivor annuity for a survivor of an employee or Member—
(i) who was awarded retired pay based on any period of military service, and
(ii) whose death occurs before separation from the service,
creditable service of the deceased employee or Member shall include each period of military service includable under subparagraph (A) or (B) of paragraph (1) or under paragraph (3). In carrying out this subparagraph, any amount deposited under section 8422(e)(5) shall be taken into account.
(B) A survivor annuity computed based on an amount which, under authority of subparagraph (A), takes into consideration any period of military service shall be reduced by the amount of any survivor's benefits—
(i) payable to a survivor (other than a child) under a retirement system for members of the uniformed services;
(ii) if, or to the extent that, such benefits are based on such period of military service.
(C) The Office of Personnel Management shall prescribe regulations to carry out this paragraph, including regulations under which—
(i) a survivor may elect not to be covered by this paragraph; and
(ii) this paragraph shall be carried out in any case which involves a former spouse.
(5) If, after January 1, 1997, an employee or Member waives retired pay that is subject to a court order for which there has been effective service on the Secretary concerned for purposes of
(d) Credit under this chapter shall be allowed for leaves of absence without pay granted an employee while performing military service, or while receiving benefits under subchapter I of
(e) Credit shall be allowed for periods of approved leave without pay granted an employee to serve as a full-time officer or employee of an organization composed primarily of employees (as defined by section 8331(1) or 8401(11)), subject to the employee arranging to pay, through the employee's employing agency, within 60 days after commencement of such leave without pay, amounts equal to the retirement deductions and agency contributions which would be applicable under sections 8422(a) and 8423(a), respectively, if the employee were in pay status. If the election and all payments provided by this subsection are not made, the employee may not receive credit for the periods of leave without pay, notwithstanding the third sentence of subsection (d).
(f)(1) An employee or Member who has received a refund of retirement deductions under subchapter III of
(2) An employee or Member may not be allowed credit under this chapter for any service described in subsection (b)(3) for which retirement deductions under subchapter III of
(3) Interest under paragraph (1) or (2) shall be computed in accordance with paragraphs (2) and (3) of section 8334(e) and regulations prescribed by the Office.
(4) For the purpose of survivor annuities, deposits authorized by the preceding provisions of this subsection may also be made by a survivor of an employee or Member.
(g) Any employee who—
(1) served in a position in which the employee was excluded from coverage under this subchapter because the employee was covered under a retirement system established under section 10 of the Federal Reserve Act; and
(2) transferred without a break in service to a position to which the employee was appointed by the President, with the advice and consent of the Senate, and in which position the employee is subject to this subchapter,
shall be treated for all purposes of this subchapter as if any service that would have been creditable under the retirement system established under section 10 of the Federal Reserve Act was service performed while subject to this subchapter if any employee and employer deductions, contributions or rights with respect to the employee's service are transferred from such retirement system to the Fund.
(h) An employee or Member shall be allowed credit for service as a volunteer or volunteer leader under part A of title VIII of the Economic Opportunity Act of 1964, as a full-time volunteer enrolled in a program of at least 1 year's duration under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973, or as a volunteer or volunteer leader under the Peace Corps Act performed at any time prior to the separation on which the entitlement to any annuity under this subchapter is based if the employee or Member has made a deposit with interest, if any, with respect to such service under section 8422(f).
(i) For purposes of subsection (b)(5), the term "Bank Plan" means the benefit structure in which employees of the Board of Governors of the Federal Reserve System appointed on or after January 1, 1984, participate, which benefit structure is a component of the Retirement Plan for Employees of the Federal Reserve System, established under section 10 of the Federal Reserve Act (and any redesignated or successor version of such benefit structure, if so identified in writing by the Board of Governors of the Federal Reserve System for purposes of this chapter).
(Added
References in Text
Section 204(a)(1) of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 [
Subsections (a)(4) and (b) of section 202 of the Federal Employees' Retirement System Act of 1986 [
The Foreign Service Act of 1980, referred to in subsec. (b)(4), is
Section 10 of the Federal Reserve Act, referred to in subsecs. (g) and (i), is section 10 of act Dec. 23, 1913, ch. 6,
The Economic Opportunity Act of 1964, referred to in subsec. (h), is
Parts A, B, and C of title I of the Domestic Volunteer Service Act of 1973, referred to in subsec. (h), are classified to part A (§4951 et seq.), part B (§4971 et seq.), and part C (§4991 et seq.), respectively, of subchapter I of
The Peace Corps Act, referred to in subsec. (h), is
Amendments
1999—Subsec. (b).
Subsec. (i).
1996—Subsec. (c)(1).
Subsec. (c)(5).
1994—Subsec. (c)(2)(B).
1993—Subsec. (b)(3).
Subsec. (h).
1991—Subsec. (c)(2)(A)(ii).
Subsec. (g).
1988—Subsec. (c)(4)(A).
Subsec. (f)(1).
1986—Subsec. (b)(2).
Subsec. (c)(4).
Subsec. (f)(1).
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Effective Date of 1991 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by section 502(b) of
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§8412. Immediate retirement
(a) An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 30 years of service is entitled to an annuity.
(b) An employee or Member who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity.
(c) An employee or Member who is separated from the service after becoming 62 years of age and completing 5 years of service is entitled to an annuity.
(d) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency—
(1) after completing 25 years of service as a law enforcement officer, member of the Capitol Police, firefighter, or nuclear materials courier, or any combination of such service totaling at least 25 years, or
(2) after becoming 50 years of age and completing 20 years of service as a law enforcement officer, member of the Capitol Police, firefighter, or nuclear materials courier, or any combination of such service totaling at least 20 years,
is entitled to an annuity.
(e) An employee who is separated from the service, except by removal for cause on charges of misconduct or delinquency—
(1) after completing 25 years of service as an air traffic controller, or
(2) after becoming 50 years of age and completing 20 years of service as an air traffic controller,
is entitled to an annuity.
(f) A Member who is separated from the service, except by resignation or expulsion—
(1) after completing 25 years of service, or
(2) after becoming 50 years of age and completing 20 years of service,
is entitled to an annuity.
(g)(1) An employee or Member who is separated from the service after attaining the applicable minimum retirement age under subsection (h) and completing 10 years of service is entitled to an annuity. This subsection shall not apply to an employee or Member who is entitled to an annuity under any other provision of this section.
(2) An employee or Member entitled to an annuity under this subsection may defer the commencement of such annuity by written election. The date to which the commencement of the annuity is deferred may not precede the 31st day after the date of filing the election, and must precede the date on which the employee or Member becomes 62 years of age.
(3) The Office shall prescribe regulations under which an election under paragraph (2) shall be made.
(h)(1) The applicable minimum retirement age under this subsection is—
(A) for an individual whose date of birth is before January 1, 1948, 55 years of age;
(B) for an individual whose date of birth is after December 31, 1947, and before January 1, 1953, 55 years of age plus the number of months in the age increase factor determined under paragraph (2)(A);
(C) for an individual whose date of birth is after December 31, 1952, and before January 1, 1965, 56 years of age;
(D) for an individual whose date of birth is after December 31, 1964, and before January 1, 1970, 56 years of age plus the number of months in the age increase factor determined under paragraph (2)(B); and
(E) for an individual whose date of birth is after December 31, 1969, 57 years of age.
(2)(A) For an individual whose date of birth occurs during the 5-year period consisting of calendar years 1948 through 1952, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1948 and ending with December of the year in which the date of birth occurs.
(B) For an individual whose date of birth occurs during the 5-year period consisting of calendar years 1965 through 1969, the age increase factor shall be equal to two-twelfths times the number of months in the period beginning with January 1965 and ending with December of the year in which the date of birth occurs.
(Added
Amendments
1998—Subsec. (d)(1), (2).
1990—Subsec. (d)(1), (2).
1986—Subsec. (g).
Effective Date of 1998 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8413. Deferred retirement
(a) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 5 years of service is entitled to an annuity beginning at the age of 62 years.
(b)(1) An employee or Member who is separated from the service, or transferred to a position in which the employee or Member does not continue subject to this chapter, after completing 10 years of service but before attaining the applicable minimum retirement age under section 8412(h) is entitled to an annuity beginning on the date designated by the employee or Member in a written election under this subsection. The date designated under this subsection may not precede the date on which the employee or Member attains such minimum retirement age and must precede the date on which the employee or Member becomes 62 years of age.
(2) The election of an annuity under this subsection shall not be effective unless—
(A) it is made at such time and in such manner as the Office shall by regulation prescribe; and
(B) the employee or Member will not otherwise be eligible to receive an annuity within 31 days after filing the election.
(3) The election of an annuity under this subsection extinguishes the right of the employee or Member to receive any other annuity based on the service on which the annuity under this subsection is based.
(Added
Amendments
1986—Subsec. (b)(1).
Section Referred to in Other Sections
This section is referred to in
§8414. Early retirement
(a)(1) A member of the Senior Executive Service who is removed from the Senior Executive Service for failure to be recertified as a senior executive under section 3393a or for less than fully successful executive performance (as determined under subchapter II of
(2) A member of the Defense Intelligence Senior Executive Service or the Senior Cryptologic Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity.
(3) A member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service who is removed from such service for failure to be recertified as a senior executive or for less than fully successful executive performance after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity.
(b)(1) Except as provided in paragraphs (2) and (3), an employee who—
(A) is separated from the service involuntarily, except by removal for cause on charges of misconduct or delinquency; or
(B) while serving in a geographic area designated by the Director, is separated from the service voluntarily during a period in which (as determined by the Director)—
(i) the agency in which the employee is serving is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and
(ii) a significant percentage of the total number of employees serving in such agency will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of
after completing 25 years of service, or after becoming 50 years of age and completing 20 years of service, is entitled to an annuity.
(2) An employee under paragraph (1) who is separated as described in subparagraph (A) of such paragraph is not entitled to an annuity under this subsection if the employee has declined a reasonable offer of another position in the employee's agency for which the employee is qualified, and the offered position is not lower than 2 grades (or pay levels) below the employee's grade (or pay level) and is within the employee's commuting area.
(3) Paragraph (1) shall not apply to an employee entitled to an annuity under subsection (d) or (e) of section 8412.
(c)(1) An employee who was hired as a military reserve technician on or before February 10, 1996 (under the provisions of this title in effect before that date), and who is separated from technician service, after becoming 50 years of age and completing 25 years of service, by reason of being separated from the Selected Reserve of the employee's reserve component or ceasing to hold the military grade specified by the Secretary concerned for the position held by the employee is entitled to an annuity.
(2) An employee who is initially hired as a military technician (dual status) after February 10, 1996, and who is separated from the Selected Reserve or ceases to hold the military grade specified by the Secretary concerned for the position held by the technician—
(A) after completing 25 years of service as a military technician (dual status), or
(B) after becoming 50 years of age and completing 20 years of service as a military technician (dual status),
is entitled to an annuity.
(Added
Application of Subsection (b)(1)(B)
(B)(i) has been employed continuously, by the agency in which the employee is serving, for at least the 31-day period ending on the date on which such agency requests the determination referred to in clause (iv);
(ii) is serving under an appointment that is not time limited;
(iii) has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance;
(iv) is separated from the service voluntarily during a period in which, as determined by the Office of Personnel Management (upon request of the agency) under regulations prescribed by the Office—
(I) such agency (or, if applicable, the component in which the employee is serving) is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and
(II) a significant percentage of the employees serving in such agency (or component) will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of
(v) as determined by the agency under regulations prescribed by the Office, is within the scope of the offer of voluntary early retirement, which may be made on the basis of—
(I) one or more organizational units;
(II) one or more occupational series or levels;
(III) one or more geographical locations;
(IV) other similar nonpersonal factors the Office determines appropriate; or
(V) any appropriate combination of such factors;
Amendments
1999—Subsec. (b)(1)(B).
Subsec. (c).
Subsec. (d).
1998—Subsec. (b)(1)(B).
Subsec. (d).
1989—Subsec. (a)(1).
Subsec. (a)(2), (3).
1988—Subsec. (a)(3).
Effective Date of 1989 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8415. Computation of basic annuity
(a) Except as otherwise provided in this section, the annuity of an employee retiring under this subchapter is 1 percent of that individual's average pay multiplied by such individual's total service.
(b) The annuity of a Member, or former Member with title to a Member annuity, retiring under this subchapter is computed under subsection (a), except that if the individual has had at least 5 years of service as a Member or Congressional employee, or any combination thereof, so much of the annuity as is computed with respect to either such type of service (or a combination thereof), not exceeding a total of 20 years, shall be computed by multiplying 17/10 percent of the individual's average pay by the years of such service.
(c) The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is computed under subsection (a), except that if the individual has had at least 5 years of service as a Congressional employee or Member, or any combination thereof, so much of the annuity as is computed with respect to either such type of service (or a combination thereof), not exceeding a total of 20 years, shall be computed by multiplying 17/10 percent of the individual's average pay by the years of such service.
(d) The annuity of an employee retiring under subsection (d) or (e) of section 8412 or under subsection (a), (b), or (c) of section 8425 is—
(1) 17/10 percent of that individual's average pay multiplied by so much of such individual's total service as does not exceed 20 years; plus
(2) 1 percent of that individual's average pay multiplied by so much of such individual's total service as exceeds 20 years.
(e)(1) In computing an annuity under this subchapter for an employee whose service includes service performed on a part-time basis—
(A) the average pay of the employee, to the extent that it includes pay for service performed in any position on a part-time basis, shall be determined by using the annual rate of basic pay that would be payable for full-time service in the position; and
(B) the benefit so computed shall then be multiplied by a fraction equal to the ratio which the employee's actual service, as determined by prorating the employee's total service to reflect the service that was performed on a part-time basis, bears to the total service that would be creditable for the employee if all of the service had been performed on a full-time basis.
(2) For the purpose of this subsection, employment on a part-time basis shall not be considered to include employment on a temporary or intermittent basis.
(f)(1) The annuity of an employee or Member retiring under section 8412(g) or 8413(b) is computed in accordance with applicable provisions of this section, except that the annuity shall be reduced by five-twelfths of 1 percent for each full month by which the commencement date of the annuity precedes the sixty-second anniversary of the birth of the employee or Member.
(2)(A) Paragraph (1) does not apply in the case of an employee or Member retiring under section 8412(g) or 8413(b) if the employee or Member would satisfy the age and service requirements for title to an annuity under section 8412(a), (b), (d)(2), (e)(2), or (f)(2), determined as if the employee or Member had, as of the date of separation, attained the age specified in subparagraph (B).
(B) A determination under subparagraph (A) shall be based on how old the employee or Member will be as of the date on which the annuity under section 8412(g) or 8413(b) is to commence.
(g)(1) In applying subsection (a) with respect to an employee under paragraph (2), the percentage applied under such subsection shall be 1.1 percent, rather than 1 percent.
(2) This subsection applies in the case of an employee who—
(A) retires entitled to an annuity under section 8412; and
(B) at the time of the separation on which entitlement to the annuity is based, is at least 62 years of age and has completed at least 20 years of service;
but does not apply in the case of a Congressional employee, military technician (dual status), law enforcement officer, firefighter, nuclear materials courier, or air traffic controller.
(h) The annuity of a Member who has served in a position in the executive branch for which the rate of basic pay was reduced for the duration of the service of the Member in that position to remove the impediment to the appointment of the Member imposed by article I, section 6, clause 2 of the Constitution, shall, subject to a deposit in the Fund as provided under section 8422(g), be computed as though the rate of basic pay which would otherwise have been in effect during that period of service had been in effect.
(Added
Amendments
1999—Subsec. (g)(2).
1998—Subsec. (g)(2).
1997—Subsec. (h).
1994—Subsec. (d).
1986—Subsec. (f)(2).
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Clarification Relating to Consideration of Pre-1987 Service as an Air Traffic Controller for Retirement Purposes
See section 2 of
Section Referred to in Other Sections
This section is referred to in
§8416. Survivor reduction for a current spouse
(a)(1) If an employee or Member is married at the time of retiring under this chapter, the reduction described in section 8419(a) shall be made unless the employee or Member and the spouse jointly waive, by written election, any right which the spouse may have to a survivor annuity under section 8442 based on the service of such employee or Member. A waiver under this paragraph shall be filed with the Office under procedures prescribed by the Office.
(2) Notwithstanding paragraph (1), an employee or Member who is married at the time of retiring under this chapter may waive the annuity for a surviving spouse without the spouse's consent if the employee or Member establishes to the satisfaction of the Office (in accordance with regulations prescribed by the Office)—
(A) that the spouse's whereabouts cannot be determined; or
(B) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse's consent would otherwise be inappropriate.
(3) Except as provided in subsection (d), a waiver made under this subsection shall be irrevocable.
(b)(1) Upon remarriage, a retired employee or Member who was married at the time of retirement (including an employee or Member whose annuity was not reduced to provide a survivor annuity for the employee's or Member's spouse or former spouse as of the time of retirement) may irrevocably elect during such marriage, in a signed writing received by the Office within 2 years after such remarriage or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in the employee's or Member's annuity under section 8419(a) for the purpose of providing an annuity for such employee's or Member's spouse in the event such spouse survives the employee or Member.
(2) The election and reduction shall be effective the first day of the second month after the election is received by the Office, but not less than 9 months after the date of the remarriage.
(3) An election to provide a survivor annuity to an individual under this subsection—
(A) shall prospectively void any election made by the employee or Member under section 8420 with respect to such individual; or
(B) shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subsection.
(4) Any election under this subsection made by an employee or Member on behalf of an individual after the retirement of such employee or Member shall not be effective if—
(A) the employee or Member was married to such individual at the time of retirement; and
(B) the annuity rights of such individual based on the service of such employee or Member were then waived under subsection (a).
(c)(1) An employee or Member who is unmarried at the time of retiring under this chapter and who later marries may irrevocably elect, in a signed writing received by the Office within 2 years after such employee or Member marries or, if later, within 2 years after the death or remarriage of any former spouse of such employee or Member who was entitled to a survivor annuity under section 8445 (or of the last such surviving former spouse, if there was more than one), a reduction in the current annuity of the retired employee or Member, in accordance with section 8419(a).
(2) The election and reduction shall take effect the first day of the first month beginning 9 months after the date of marriage. Any such election to provide a survivor annuity for an individual—
(A) shall prospectively void any election made by the employee or Member under section 8420 with respect to such individual; or
(B) shall, if an election was made by the employee or Member under section 8420 with respect to a different individual, prospectively void such election if appropriate written application is made by such employee or Member at the time of making the election under this subsection.
(d)(1) An employee or Member—
(A) who is married on the date of retiring under this chapter, and
(B) with respect to whose spouse a waiver under subsection (a) has been made,
may, during the 18-month period beginning on such date, elect to have a reduction made under section 8419 in order to provide a survivor annuity under section 8442 for such spouse.
(2)(A) An election under this subsection shall not be effective unless the amount described in subparagraph (B) is deposited into the Fund before the expiration of the 18-month period referred to in paragraph (1).
(B) The amount to be deposited under this subparagraph is equal to the sum of—
(i) the difference (for the period between the date on which the annuity of the former employee or Member commences and the date on which reductions pursuant to the election under this subsection commence) between the amount paid to the former employee or Member from the Fund under this chapter and the amount which would have been paid if such election had been made at the time of retirement; and
(ii) the costs associated with providing for the election under this subsection.
The amount to be deposited under clause (i) shall include interest, computed at the rate of 6 percent a year.
(3) An annuity which is reduced pursuant to an election by a former employee or Member under this subsection shall be reduced by the same percentage as was in effect under section 8419 as of the date of the employee's or Member's retirement.
(4) Rights and obligations under this chapter resulting from an election under this subsection shall be the same as the rights and obligations which would have resulted had the election been made at the time of retirement.
(5) The Office shall inform each employee and Member who is eligible to make an election under this subsection of the right to make such election and the procedures and deadlines applicable in making any such election.
(Added
Section Referred to in Other Sections
This section is referred to in
§8417. Survivor reduction for a former spouse
(a) If an employee or Member has a former spouse who is entitled to a survivor annuity as provided in section 8445, the reduction described in section 8419(a) shall be made.
(b)(1) An employee or Member who has a former spouse may elect, under procedures prescribed by the Office, a reduction in the annuity of the employee or Member under section 8419(a) in order to provide a survivor annuity for such former spouse under section 8445.
(2) An election under this subsection shall be made at the time of retirement or, if the marriage is dissolved after the date of retirement, within 2 years after the date on which the marriage of the former spouse to the employee or Member is so dissolved.
(3) An election under this subsection—
(A) shall not be effective to the extent that it—
(i) conflicts with—
(I) any court order or decree referred to in section 8445(a) which was issued before the date of such election; or
(II) any agreement referred to in such section 8445(a) which was entered into before such date; or
(ii) would cause the total of survivor annuities payable under sections 8442 and 8445, respectively, based on the service of the employee or Member to exceed the amount which would be payable to a widow or widower of such employee or Member under such section 8442 (determined without regard to any reduction to provide for an annuity under such section 8445); and
(B) shall not be effective, in the case of an employee or Member who is then married, unless it is made with the spouse's written consent.
The Office shall by regulation provide that subparagraph (B) may be waived for either of the reasons set forth in section 8416(a)(2).
(Added
Section Referred to in Other Sections
This section is referred to in
§8418. Survivor elections; deposit; offsets
(a)(1) An individual who makes an election under subsection (b) or (c) of section 8416 or section 8417(b) which is required to be made within 2 years after the date of a prescribed event shall deposit into the Fund an amount determined by the Office (as nearly as may be administratively feasible) to reflect the amount by which the annuity of such individual would have been reduced if the election had been in effect since the date of retirement (or, if later, and in the case of an election under such section 8416(b), since the date the previous reduction in the annuity of such individual was terminated under paragraph (1) or (2) of section 8419(b)), plus interest.
(2) Interest under paragraph (1) shall be computed at the rate of 6 percent a year.
(b) The Office shall, by regulation, provide for payment of the deposit required under subsection (a) by a reduction in the annuity of the employee or Member. The reduction shall, to the extent practicable, be designed so that the present value of the future reduction is actuarially equivalent to the deposit required under subsection (a), except that the total reductions in the annuity of an employee or Member to pay deposits required by this section shall not exceed 25 percent of the annuity computed under section 8415 or section 8452, including adjustments under section 8462. The reduction required by this subsection, which shall be effective at the same time as the election under section 8416(b) and (c) or section 8417(b), shall be permanent and unaffected by any future termination of the marriage or the entitlement of the former spouse. Such reduction shall be independent of and in addition to the reduction required under section 8416(b) and (c) or section 8417(b).
(c) Subsections (a) and (b) shall not apply if—
(1) the employee or Member makes an election under section 8416(b) or (c) after having made an election under section 8420; and
(2) the election under such section 8420 becomes void under subsection (b)(3) or (c)(2) of such section 8416.
(d) The Office shall prescribe regulations under which the survivor of an employee or Member may make a deposit under this section.
(Added
Amendments
1993—Subsec. (a)(1).
Subsec. (b).
Effective Date of 1993 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in title 22 section 4071j; title 50 section 2154.
§8419. Survivor reductions; computation
(a)(1) Except as provided in paragraph (2), the annuity of an annuitant computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by 10 percent if a survivor annuity, or a combination of survivor annuities, under section 8442 or 8445 (or both) are to be provided for.
(2)(A) If no survivor annuity under section 8442 is to be provided for, but one or more survivor annuities under section 8445 involving a total of less than the entirety of the amount referred to in subsection (b)(2) of such section are to be provided for, the annuity of the annuitant involved (as computed under section 8415, or under section 8452 (including subsection (a)(2) of such section, if applicable)) or one-half of the annuity, if jointly designated for this purpose by the employee or Member and the spouse of the employee or Member under procedures prescribed by the Office of Personnel Management, shall be reduced by an appropriate percentage determined under subparagraph (B).
(B) The Office shall prescribe regulations under which an appropriate reduction under this paragraph, not to exceed a total of 10 percent, shall be made.
(b)(1) Any reduction in an annuity for the purpose of providing a survivor annuity for the current spouse of a retired employee or Member shall be terminated for each full month—
(A) after the death of the spouse; or
(B) after the dissolution of the spouse's marriage to the employee or Member, except that an appropriate reduction shall be made thereafter if the spouse is entitled, as a former spouse, to a survivor annuity under section 8445.
(2) Any reduction in an annuity for the purpose of providing a survivor annuity for a former spouse of a retired employee or Member shall be terminated for each full month after the former spouse remarries before reaching age 55 or dies. This reduction shall be replaced by appropriate reductions under subsection (a) if the retired employee or Member has one or more of the following:
(A) another former spouse who is entitled to a survivor annuity under section 8445;
(B) a current spouse to whom the employee or Member was married at the time of retirement and with respect to whom a survivor annuity was not waived under section 8416(a) (or, if waived, with respect to whom an election under section 8416(d) has been made); or
(C) a current spouse whom the employee or Member married after retirement and with respect to whom an election has been made under subsection (b) or (c) of section 8416.
(Added
Amendments
1988—Subsec. (a)(1), (2)(A).
Section Referred to in Other Sections
This section is referred to in
§8420. Insurable interest reductions
(a)(1) At the time of retiring under section 8412, 8413, or 8414, an employee or Member who is found to be in good health by the Office may elect to have such employee's or Member's annuity (as computed under section 8415) reduced under paragraph (2) in order to provide an annuity under section 8444 for an individual having an insurable interest in the employee or Member. Such individual shall be designated by the employee or Member in writing.
(2) The annuity of the employee or Member making the election is reduced by 10 percent, and by 5 percent for each full 5 years the individual named is younger than the retiring employee or Member, except that the total reduction may not exceed 40 percent.
(3) An annuity which is reduced under this subsection shall, effective the first day of the month following the death of the individual named under this subsection, be recomputed and paid as if the annuity had not been so reduced.
(b)(1) In the case of a married employee or Member, an election under this section on behalf of the spouse may be made only if any right of such spouse to a survivor annuity based on the service of such employee or Member is waived in accordance with section 8416(a).
(2) Paragraph (1) does not apply in the case of an employee or Member if such employee or Member has a former spouse who would become entitled to an annuity under section 8445 as a survivor of such employee or Member.
(Added
Section Referred to in Other Sections
This section is referred to in
§8420a. Alternative forms of annuities
(a) The Office shall prescribe regulations under which any employee or Member who has a life-threatening affliction or other critical medical condition may, at the time of retiring under this subchapter, elect annuity benefits under this section instead of any other benefits under this subchapter, and any benefits under subchapter IV of this chapter, based on the service of the employee or Member.
(b) Subject to subsection (c), the Office shall by regulation provide for such alternative forms of annuities as the Office considers appropriate, except that among the alternatives offered shall be—
(1) an alternative which provides for—
(A) payment of the lump-sum credit (excluding interest) to the employee or Member; and
(B) payment of an annuity to the employee or Member for life; and
(2) in the case of an employee or Member who is married at the time of retirement, an alternative which provides for—
(A) payment of the lump-sum credit (excluding interest) to the employee or Member; and
(B) payment of an annuity to the employee or Member for life, with a survivor annuity payable for the life of a surviving spouse.
(c) Each alternative provided for under subsection (b) shall, to the extent practicable, be designed such that the present value of the benefits provided under such alternative (including any lump-sum credit) is actuarially equivalent to the sum of—
(1) the present value of the annuity which would otherwise be provided under this subchapter, as computed under section 8415; and
(2) the present value of the annuity supplement which would otherwise be provided (if any) under section 8421.
(d) An employee or Member who, at the time of retiring under this subchapter—
(1) is married, shall be ineligible to make an election under this section unless a waiver is made under section 8416(a); or
(2) has a former spouse, shall be ineligible to make an election under this section if the former spouse is entitled to benefits under section 8445 or 8467 (based on the service of the employee or Member) under the terms of a decree of divorce or annulment, or a court order or court-approved property settlement incident to any such decree, with respect to which the Office has been duly notified.
(e) An employee or Member who is married at the time of retiring under this subchapter and who makes an election under this section may, during the 18-month period beginning on the date of retirement, make the election provided for under section 8416(d), subject to the deposit requirement thereunder.
(Added
Amendments
1993—Subsec. (a).
Subsec. (f).
1990—Subsec. (f).
Effective Date of 1993 Amendment
Amendment by
Applicability of Sections 8343a(f) and 8420a(f) to Individuals Called to or Performing Duty in Connection With Operation Desert Shield
For provisions relating to application of subsec. (f) of this section to certain members of Armed Forces who were called or ordered to active duty in connection with Operation Desert Shield and to certain employees of Department of Defense who are certified to have performed duties essential for support of Operation Desert Shield, see section 7001(a)(4) of
Partial Deferred Payment of Lump-Sum Credit for Certain Individuals Electing Alternative Forms of Annuities
For provisions relating to deferred payment of lump-sum credit for certain individuals electing alternative forms of annuities, see notes set out under
Section Referred to in Other Sections
This section is referred to in
§8421. Annuity supplement
(a)(1) Subject to paragraph (3), an individual shall, if and while entitled to an annuity under subsection (a), (b), (d), or (e) of section 8412, or under section 8414(c), also be entitled to an annuity supplement under this section.
(2) Subject to paragraph (3), an individual shall, if and while entitled to an annuity under section 8412(f), or under subsection (a) or (b) of section 8414, also be entitled to an annuity supplement under this section if such individual is at least the applicable minimum retirement age under section 8412(h), except that an individual entitled to an annuity under section 8414(a) for failure to be recertified as a senior executive shall be entitled to an annuity supplement without regard to such applicable minimum retirement age.
(3)(A) An individual whose entitlement to an annuity under section 8412 or 8414 does not commence before age 62 is not entitled to an annuity supplement under this section.
(B) An individual entitled to an annuity supplement under this section ceases to be so entitled after the last day of the month preceding the first month for which such individual would, on proper application, be entitled to old-age insurance benefits under title II of the Social Security Act, but not later than the last day of the month in which such individual attains age 62.
(b)(1) The amount of the annuity supplement of an annuitant under this section for any month shall be equal to the product of—
(A) an amount determined under paragraph (2), multiplied by
(B) a fraction, as described in paragraph (3).
(2) The amount under this paragraph for an annuitant is an amount equal to the old-age insurance benefit which would be payable to such annuitant under title II of the Social Security Act (without regard to sections 203, 215(a)(7), and 215(d)(5) of such Act) upon attaining age 62 and filing application therefor, determined as if the annuitant had attained such age and filed application therefor, and were a fully insured individual (as defined in section 214(a) of such Act), on January 1 of the year in which such annuitant's entitlement to any payment under this section commences, except that the reduction of such old-age insurance benefit under section 202(q) of such Act shall be the maximum applicable for an individual born in the same year as the annuitant. In computing the primary insurance amount under section 215 of such Act for purposes of this paragraph, the number of elapsed years (referred to in section 215(b)(2)(B)(iii) of such Act and used to compute the number of benefit computation years) shall not include years beginning with the year in which such annuitant's entitlement to any payment under this section commences, and—
(A) only basic pay for service performed (if any) shall be taken into account in computing the total wages and self-employment income of the annuitant for a benefit computation year;
(B) for a benefit computation year which commences after the date of the separation with respect to which entitlement to the annuitant's annuity under this subchapter is based and before the date as of which such annuitant is treated, under the preceding sentence, to have attained age 62, the total wages and self-employment income of such annuitant for such year shall be deemed to be zero; and
(C) for a benefit computation year after age 21 which precedes the separation referred to in subparagraph (B), and during which the individual did not perform a full year of service, the total wages and self-employment income of such annuitant for such year shall be deemed to have been an amount equal to the product of—
(i) the average total wages of all workers for that year, multiplied by
(ii) a fraction—
(I) the numerator of which is the total basic pay of the individual for service performed in the first year thereafter in which such individual performed a full year of service; and
(II) the denominator of which is the average total wages of all workers for the year referred to in subclause (I).
(3) The fraction under this paragraph for any annuitant is a fraction—
(A) the numerator of which is the annuitant's total years of service (rounding a fraction to the nearest whole number, with ½ being rounded to the next higher number), not to exceed the number under subparagraph (B); and
(B) the denominator of which is 40.
(4) For the purpose of this subsection—
(A) the term "benefit computation year" has the meaning provided in section 215(b)(2)(B)(i) of the Social Security Act;
(B) the term "average total wages of all workers", for a year, means the average of the total wages, as defined and computed under section 215(b)(3)(A)(ii)(I) of the Social Security Act for such year; and
(C) the term "service" does not include military service.
(c) An amount under this section shall, for purposes of section 8467, be treated in the same way as an amount computed under section 8415.
(Added
References in Text
The Social Security Act, referred to in subsecs. (a)(3)(B) and (b)(2), (4)(A), (B), is act Aug. 14, 1935, ch. 531,
Amendments
1992—Subsec. (a)(2).
1989—Subsec. (a)(2).
Effective Date of 1989 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8421a. Reductions on account of earnings from work performed while entitled to an annuity supplement
(a) The amount of the annuity supplement to which an individual is entitled under section 8421 for any month (determined without regard to subsection (c) of such section) shall be reduced by the amount of any excess earnings of such individual which are required to be charged to such supplement for such month, as determined under subsection (b).
(b) The amount of an individual's excess earnings shall be charged to months as follows:
(1)(A) There shall be charged to each month of a year under subsection (a) an amount equal to the individual's excess earnings (as determined under paragraph (2) with respect to such year), divided by the number of the individual's supplement entitlement months for such year (as determined under paragraph (3)).
(B) Notwithstanding subparagraph (A), the amount charged to a month under subsection (a) may not exceed the amount of the annuity supplement to which the individual is entitled under section 8421 for such month (determined without regard to subsection (c) of such section).
(2) The excess earnings based on which reductions under subsection (a) shall be made with respect to an individual in a year—
(A) shall be equal to 50 percent of so much of such individual's earnings for the immediately preceding year as exceeds the applicable exempt amount for such preceding year; but
(B) may not exceed the total amount of the annuity supplement payments to which such individual was entitled for such preceding year under section 8421 (determined without regard to subsection (c) of such section, and without regard to this section).
(3)(A) Subject to subparagraph (B), the number of an individual's supplement entitlement months for a year shall be 12.
(B) The number determined under subparagraph (A) shall be reduced so as not to include any month after which such individual ceases to be entitled to an annuity supplement by reason of section 8421(a)(3)(B), relating to cessation of entitlement upon attaining age 62.
(4)(A) For purposes of this section, and except as provided in subparagraph (B), the "earnings" and the "applicable exempt amount" of an individual shall be determined in a manner consistent with applicable provisions of section 203 of the Social Security Act.
(B) For purposes of this section—
(i) in determining the excess earnings of any individual, only earnings attributable to periods during which such individual was entitled to an annuity supplement under section 8421 shall be considered; and
(ii) any earnings attributable to a period before attaining the applicable retirement age under section 8412(h) shall not be considered in determining the excess earnings of an individual who retires under section 8412(d) or (e), or section 8414(c).
(c) The Office shall prescribe regulations under which this section shall be applied in the case of a reemployed annuitant.
(Added
References in Text
Section 203 of the Social Security Act, referred to in subsec. (b)(4)(A), is classified to
Amendments
1986—Subsecs. (c), (d).
Section Referred to in Other Sections
This section is referred to in title 22 section 4071d; title 50 section 2154.
§8422. Deductions from pay; contributions for military service
(a)(1) The employing agency shall deduct and withhold from basic pay of each employee and Member a percentage of basic pay determined in accordance with paragraph (2).
(2) The percentage to be deducted and withheld from basic pay for any pay period shall be equal to—
(A) the applicable percentage under paragraph (3), minus
(B) the percentage then in effect under section 3101(a) of the Internal Revenue Code of 1986 (relating to rate of tax for old-age, survivors, and disability insurance).
(3) The applicable percentage under this paragraph for civilian service shall be as follows:
Employee | 7 | January 1, 1987, to December 31, 1998. |
7.25 | January 1, 1999, to December 31, 1999. | |
7.4 | January 1, 2000, to December 31, 2000. | |
7.5 | January 1, 2001, to December 31, 2002. | |
7 | After December 31, 2002. | |
Congressional employee | 7.5 | January 1, 1987, to December 31, 1998. |
7.75 | January 1, 1999, to December 31, 1999. | |
7.9 | January 1, 2000, to December 31, 2000. | |
8 | January 1, 2001, to December 31, 2002. | |
7.5 | After December 31, 2002. | |
Member | 7.5 | January 1, 1987, to December 31, 1998. |
7.75 | January 1, 1999, to December 31, 1999. | |
7.9 | January 1, 2000, to December 31, 2000. | |
8 | January 1, 2001, to December 31, 2002. | |
7.5 | After December 31, 2002. | |
Law enforcement officer, firefighter, member of the Capitol Police, or air traffic controller | 7.5 7.75 7.9 8 7.5 |
January 1, 1987, to December 31, 1998. January 1, 1999, to December 31, 1999. January 1, 2000, to December 31, 2000. January 1, 2001, to December 31, 2002. After December 31, 2002. |
Nuclear materials courier | 7 | January 1, 1987 to October 16, 1998. |
7.5 | October 17, 1998 to December 31, 1998. | |
7.75 | January 1, 1999 to December 31, 1999. | |
7.9 | January 1, 2000 to December 31, 2000. | |
8 | January 1, 2001 to December 31, 2001. | |
7.5 | After December 31, 2002. |
(b) Each employee or Member is deemed to consent and agree to the deductions under subsection (a). Notwithstanding any law or regulation affecting the pay of an employee or Member, payment less such deductions is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to any benefits under this subchapter, or under subchapter IV or V of this chapter, based on the service of the employee or Member.
(c) The amounts deducted and withheld under this section shall be deposited in the Treasury of the United States to the credit of the Fund under such procedures as the Secretary of the Treasury may prescribe.
(d) Under such regulations as the Office may prescribe, amounts deducted under subsection (a) shall be entered on individual retirement records.
(e)(1)(A) Except as provided in subparagraph (B), and subject to paragraph (6), each employee or Member who has performed military service before the date of the separation on which the entitlement to any annuity under this subchapter, or subchapter V of this chapter, is based may pay, in accordance with such regulations as the Office shall issue, to the agency by which the employee is employed, or, in the case of a Member or a Congressional employee, to the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives, as appropriate, an amount equal to 3 percent of the amount of the basic pay paid under
(B) In any case where military service interrupts creditable civilian service under this subchapter and reemployment pursuant to
(2) Any deposit made under paragraph (1) more than two years after the later of—
(A) January 1, 1987; or
(B) the date on which the employee or Member making the deposit first becomes an employee or Member following the period of military service for which such deposit is due,
shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the two-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under section 8334(e).
(3) Any payment received by an agency, the Secretary of the Senate, or the Chief Administrative Officer of the House of Representatives under this subsection shall be immediately remitted to the Office for deposit in the Treasury of the United States to the credit of the Fund.
(4) The Secretary of Defense, the Secretary of Transportation, the Secretary of Commerce, or the Secretary of Health and Human Services, as appropriate, shall furnish such information to the Office as the Office may determine to be necessary for the administration of this subsection.
(5) For the purpose of survivor annuities, deposits authorized by this subsection may also be made by a survivor of an employee or Member.
(6) The percentage of basic pay under
(A) January 1, 1999, through December 31, 1999, shall be 3.25 percent;
(B) January 1, 2000, through December 31, 2000, shall be 3.4 percent; and
(C) January 1, 2001, through December 31, 2002, shall be 3.5 percent.
(f)(1) Each employee or Member who has performed service as a volunteer or volunteer leader under part A of title VIII of the Economic Opportunity Act of 1964, as a full-time volunteer enrolled in a program of at least 1 year's duration under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973, or as a volunteer or volunteer leader under the Peace Corps Act before the date of the separation on which the entitlement to any annuity under this subchapter, or subchapter V of this chapter, is based may pay, in accordance with such regulations as the Office of Personnel Management shall issue, an amount equal to 3 percent of the readjustment allowance paid to the employee or Member under title VIII of the Economic Opportunity Service Act of 1964 or section 5(c) or 6(1) of the Peace Corps Act or the stipend paid to the employee or Member under part A, B, or C of title I of the Domestic Volunteer Service Act of 1973, for each period of service as such a volunteer or volunteer leader. This paragraph shall be subject to paragraph (4).
(2) Any deposit made under paragraph (1) more than 2 years after the later of—
(A) October 1, 1993, or
(B) the date on which the employee or Member making the deposit first becomes an employee or Member,
shall include interest on such amount computed and compounded annually beginning on the date of the expiration of the 2-year period. The interest rate that is applicable in computing interest in any year under this paragraph shall be equal to the interest rate that is applicable for such year under section 8334(e).
(3) The Director of the Peace Corps and the Chief Executive Officer of the Corporation for National and Community Service shall furnish such information to the Office of Personnel Management as the Office may determine to be necessary for the administration of this subsection.
(4) The percentage of the readjustment allowance or stipend (as the case may be) payable under paragraph (1), with respect to any period of volunteer service performed during—
(A) January 1, 1999, through December 31, 1999, shall be 3.25 percent;
(B) January 1, 2000, through December 31, 2000, shall be 3.4 percent; and
(C) January 1, 2001, through December 31, 2002, shall be 3.5 percent.
(g) A Member who has served in a position in the executive branch for which the rate of basic pay was reduced for the duration of the service of the Member to remove the impediment to the appointment of the Member imposed by article I, section 6, clause 2 of the Constitution, or the survivor of such a Member, may deposit to the credit of the Fund an amount equal to the difference between the amount deducted from the basic pay of the Member during that period of service and the amount that would have been deducted if the rate of basic pay which would otherwise have been in effect during that period had been in effect, plus interest computed under section 8334(e).
(Added
References in Text
Section 3101(a) of the Internal Revenue Code of 1986, referred to in subsec. (a)(2)(B), is classified to
The Economic Opportunity Act of 1964, referred to in subsec. (f)(1), is
Parts A, B, and C of title I of the Domestic Volunteer Service Act of 1973, referred to in subsec. (f)(1), are classified to part A (§4951 et seq.), part B (§4971 et seq.), and part C (§4991 et seq.), respectively, of subchapter I of
The Peace Corps Act, referred to in subsec. (f)(1), is
Amendments
1999—Subsec. (a)(3).
1998—Subsec. (a)(3).
1997—Subsec. (a)(2), (3).
"(A) in the case of an employee (other than a law enforcement officer, firefighter, air traffic controller, or Congressional employee) a percentage equal to—
"(i) 7 percent, minus
"(ii) the percentage then in effect under section 3101(a) of the Internal Revenue Code of 1986 (relating to rate of tax for old-age, survivors, and disability insurance); and
"(B) in the case of a Member, law enforcement officer, firefighter, air traffic controller, or Congressional employee, a percentage equal to—
"(i) 7½ percent, minus
"(ii) the same percentage as would apply in the case of an employee under subparagraph (A)(ii)."
Subsec. (e)(1)(A).
Subsec. (e)(6).
Subsec. (f)(1).
Subsec. (f)(4).
Subsec. (g).
1996—Subsec. (c).
Subsec. (e)(1)(A), (3).
1994—Subsec. (a)(2)(A)(ii).
Subsec. (e)(1).
Subsec. (e)(2)(B).
1993—Subsec. (f).
1988—Subsec. (e)(5).
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1997 Amendments
Amendment by
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
No Reduction in Agency Contributions
Section 7001(b)(2) of
Section Referred to in Other Sections
This section is referred to in
§8423. Government contributions
(a)(1) Each employing agency having any employees or Members subject to section 8422(a) shall contribute to the Fund an amount equal to the sum of—
(A) the product of—
(i) the normal-cost percentage, as determined for employees (other than employees covered by subparagraph (B)), multiplied by
(ii) the aggregate amount of basic pay payable by the agency, for the period involved, to employees (under clause (i)) who are within such agency; and
(B) the product of—
(i) the normal-cost percentage, as determined for Members, Congressional employees, law enforcement officers, firefighters, nuclear materials couriers, air traffic controllers, military reserve technicians, and employees under sections 302 and 303 of the Central Intelligence Agency Retirement Act, multiplied by
(ii) the aggregate amount of basic pay payable by the agency, for the period involved, to employees and Members (under clause (i)) who are within such agency.
(2) In determining any normal-cost percentage to be applied under this subsection, amounts provided for under section 8422 shall be taken into account.
(3) Contributions under this subsection shall be paid—
(A) in the case of law enforcement officers, firefighters, nuclear materials couriers, air traffic controllers, military reserve technicians, and other employees, from the appropriation or fund used to pay such law enforcement officers, firefighters, nuclear materials couriers, air traffic controllers, military reserve technicians, or other employees, respectively;
(B) in the case of elected officials, from an appropriation or fund available for payment of other salaries of the same office or establishment; and
(C) in the case of employees of the legislative branch paid by the Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives.
(4) A contribution to the Fund under this subsection shall be deposited under such procedures as the Comptroller General of the United States may prescribe.
(b)(1) The Office shall compute—
(A) the amount of the supplemental liability of the Fund with respect to individuals other than those to whom subparagraph (B) relates, and
(B) the amount of the supplemental liability of the Fund with respect to current or former employees of the United States Postal Service (and the Postal Rate Commission) and their survivors;
as of the close of each fiscal year beginning after September 30, 1987.
(2) The amount of any supplemental liability computed under paragraph (1)(A) or (1)(B) shall be amortized in 30 equal annual installments, with interest computed at the rate used in the most recent valuation of the System.
(3) At the end of each fiscal year, the Office shall notify—
(A) the Secretary of the Treasury of the amount of the installment computed under this subsection for such year with respect to individuals under paragraph (1)(A); and
(B) the Postmaster General of the United States of the amount of the installment computed under this subsection for such year with respect to individuals under paragraph (1)(B).
(4)(A) Before closing the accounts for a fiscal year, the Secretary of the Treasury shall credit to the Fund, as a Government contribution, out of any money in the Treasury of the United States not otherwise appropriated, the amount under paragraph (3)(A) for such year.
(B) Upon receiving notification under paragraph (3)(B), the United States Postal Service shall pay the amount specified in such notification to the Fund.
(5) For the purpose of carrying out paragraph (1) with respect to any fiscal year, the Office may—
(A) require the Board of Actuaries of the Civil Service Retirement System to make actuarial determinations and valuations, make recommendations, and maintain records in the same manner as provided in section 8347(f); and
(B) use the latest actuarial determinations and valuations made by such Board of Actuaries.
(c) Under regulations prescribed by the Office, the head of an agency may request reconsideration of any amount determined to be payable with respect to such agency under subsection (a) or (b). Any such request shall be referred to the Board of Actuaries of the Civil Service Retirement System. The Board of Actuaries shall review the computations of the Office and may make any adjustment with respect to any such amount which the Board determines appropriate. A determination by the Board of Actuaries under this subsection shall be final.
(Added
References in Text
Sections 302 and 303 of the Central Intelligence Agency Retirement Act, referred to in subsec. (a)(1)(B)(i), are classified to sections 2152 and 2153, respectively, of Title 50, War and National Defense.
Amendments
1998—Subsec. (a)(1)(B)(i), (3)(A).
1996—Subsec. (a)(3)(C).
1992—Subsec. (a)(1)(B)(i).
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8424. Lump-sum benefits; designation of beneficiary; order of precedence
(a) Subject to subsection (b), an employee or Member who—
(1)(A) is separated from the service for at least 31 consecutive days; or
(B) is transferred to a position in which the individual is not subject to this chapter and remains in such a position for at least 31 consecutive days;
(2) files an application with the Office for payment of the lump-sum credit;
(3) is not reemployed in a position in which the individual is subject to this chapter at the time of filing the application; and
(4) will not become eligible to receive an annuity within 31 days after filing the application;
is entitled to be paid the lump-sum credit. Except as provided in section 8420a, payment of the lump-sum credit to an employee or Member voids all annuity rights under this subchapter, and subchapters IV and V of this chapter, based on the service on which the lump-sum credit is based.
(b)(1) Payment of the lump-sum credit under subsection (a)—
(A) may be made only if any current spouse and any former spouse of the employee or Member are notified of the application by the employee or Member; and
(B) in any case in which there is a former spouse, shall be subject to the terms of a court decree of divorce, annulment, or legal separation issued with respect to such former spouse if—
(i) the decree expressly relates to any portion of the lump-sum credit involved; and
(ii) payment of the lump-sum credit would affect any right or interest of the former spouse with respect to a survivor annuity under section 8445, or to any portion of an annuity under section 8467.
(2)(A) Notification of a spouse or former spouse under this subsection shall be made in accordance with such requirements as the Office shall by regulation prescribe.
(B) Under the regulations, the Office may provide that paragraph (1)(A) may be waived with respect to a spouse or former spouse if the employee or Member establishes to the satisfaction of the Office that the whereabouts of such spouse or former spouse cannot be determined.
(3) The Office shall prescribe regulations under which this subsection shall be applied in any case in which the Office receives two or more orders or decrees referred to in paragraph (1)(B)(i).
(c) Under regulations prescribed by the Office, an employee or Member, or a former employee or Member, may designate one or more beneficiaries under this section.
(d) Lump-sum benefits authorized by subsections (e) through (g) shall be paid to the individual or individuals surviving the employee or Member and alive at the date title to the payment arises in the following order of precedence, and the payment bars recovery by any other individual:
First, to the beneficiary or beneficiaries designated by the employee or Member in a signed and witnessed writing received in the Office before the death of such employee or Member. For this purpose, a designation, change, or cancellation of beneficiary in a will or other document not so executed and filed has no force or effect.
Second, if there is no designated beneficiary, to the widow or widower of the employee or Member.
Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation.
Fourth, if none of the above, to the parents of the employee or Member or the survivor of them.
Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member.
Sixth, if none of the above, to such other next of kin of the employee or Member as the Office determines to be entitled under the laws of the domicile of the employee or Member at the date of death of the employee or Member.
For the purpose of this subsection, "child" includes a natural child and an adopted child, but does not include a stepchild.
(e) If an employee or Member, or former employee or Member, dies—
(1) without a survivor, or
(2) with a survivor or survivors and the right of all survivors under subchapter IV terminates before a claim for survivor annuity under such subchapter is filed,
the lump-sum credit shall be paid.
(f) If all annuity rights under this chapter (other than under subchapter III of this chapter) based on the service of a deceased employee or Member terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid.
(g) If an annuitant dies, annuity accrued and unpaid shall be paid.
(h) Annuity accrued and unpaid on the termination, except by death, of the annuity of an annuitant or survivor shall be paid to that individual. Annuity accrued and unpaid on the death of a survivor shall be paid in the following order of precedence, and the payment bars recovery by any other person:
First, to the duly appointed executor or administrator of the estate of the survivor.
Second, if there is no executor or administrator, payment may be made, after 30 days from the date of death of the survivor, to such next of kin of the survivor as the Office determines to be entitled under the laws of the domicile of the survivor at the date of death.
(Added
Section Referred to in Other Sections
This section is referred to in
§8425. Mandatory separation
(a) An air traffic controller who is otherwise eligible for immediate retirement under section 8412(e) shall be separated from the service on the last day of the month in which that air traffic controller becomes 56 years of age or completes 20 years of service if then over that age. The Secretary, under such regulations as the Secretary may prescribe, may exempt a controller having exceptional skills and experience as a controller from the automatic separation provisions of this subsection until that controller becomes 61 years of age. The Secretary shall notify the controller in writing of the date of separation at least 60 days before that date. Action to separate the controller is not effective, without the consent of the controller, until the last day of the month in which the 60-day notice expires.
(b) A firefighter who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which such firefighter becomes 55 years of age or completes 20 years of service if then over that age. A law enforcement officer or nuclear materials courier who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which that law enforcement officer or nuclear materials courier becomes 57 years of age or completes 20 years of service if then over that age. If the head of the agency judges that the public interest so requires, that agency head may exempt such an employee from automatic separation under this subsection until that employee becomes 60 years of age. The employing office shall notify the employee in writing of the date of separation at least 60 days before that date. Action to separate the employee is not effective, without the consent of the employee, until the last day of the month in which the 60-day notice expires.
(c) A member of the Capitol Police who is otherwise eligible for immediate retirement under section 8412(d) shall be separated from the service on the last day of the month in which such member becomes 57 years of age or completes 20 years of service if then over that age. The Capitol Police Board, when in its judgment the public interest so requires, may exempt such a member from automatic separation under this subsection until that member becomes 60 years of age. The Board shall notify the member in writing of the date of separation at least 60 days before that date. Action to separate the member is not effective, without the consent of the member, until the last day of the month in which the 60-day notice expires.
(d) The President, by Executive order, may exempt an employee (other than a member of the Capitol Police) from automatic separation under this section if the President determines the public interest so requires.
(Added
Amendments
1998—Subsec. (b).
1994—Subsec. (b).
Subsecs. (c), (d).
1992—Subsec. (b).
1990—Subsec. (b).
Subsec. (c).
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Exception to Automatic Separation of Members of Capitol Police
Section 3(b)(1)(B) of
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER III—THRIFT SAVINGS PLAN
Subchapter Referred to in Other Sections
This subchapter is referred to in
§8431. Certain transfers to be treated as a separation
(a) For purposes of this subchapter, separation from Government employment includes a transfer from a position that is subject to one of the retirement systems described in subsection (b) to a position that is not subject to any of them.
(b) The retirement systems described in this subsection are—
(1) the retirement system under this chapter;
(2) the retirement system under subchapter III of
(3) any other retirement system under which individuals may contribute to the Thrift Savings Fund through withholdings from pay.
(Added
Prior Provisions
A prior section 8431, added
Effective Date
§8432. Contributions
(a) An employee or Member may contribute to the Thrift Savings Fund in any pay period, pursuant to an election under subsection (b)(1), an amount not to exceed 10 percent of such individual's basic pay for such period. Contributions made under this subsection during any 6-month period for which an election period is provided under subsection (b)(1) shall be made each pay period during such 6-month period pursuant to a program of regular contributions provided in regulations prescribed by the Executive Director.
(b)(1)(A) The Executive Director shall prescribe regulations under which employees and Members shall be afforded a reasonable period every 6 months to elect to make contributions under subsection (a), to modify the amount to be contributed under such subsection, or to terminate such contributions. An election to make such contributions shall remain in effect until modified or terminated.
(B) The amount to be contributed pursuant to an election under subparagraph (A) shall be the percentage of basic pay or amount designated by the employee or Member.
(2) Under the regulations—
(A) an employee or Member who has not previously been eligible to make an election under this subsection shall not become so eligible until the second period (described in paragraph (1)) beginning after the date of commencing service as an employee or Member;
(B) an employee or Member whose appointment or election to a position or office in the Federal Government follows a previous period of service during which that individual met the requirements of subparagraph (A) shall be eligible to make an election under this subsection notwithstanding any period of separation;
(C) an employee or Member who elects under subparagraph (D) to terminate contributions shall not again become eligible to make an election under this subsection until the second period (described in paragraph (1)) commencing after the election to terminate; and
(D) an election to terminate may be made under this subparagraph at any time other than during a period afforded under paragraph (1).
(3) Notwithstanding paragraph (2)(A), an employee or Member who elects to become subject to this chapter under section 301 of the Federal Employees' Retirement System Act of 1986 may make the first election for the purpose of subsection (a) during the period prescribed for such purpose by the Executive Director. The period prescribed by the Executive Director shall commence on the date on which the employee or Member makes the election to become subject to this chapter.
(4)(A) Notwithstanding paragraph (2)(A), an employee or Member who is an employee or Member on January 1, 1987, and continues as an employee or Member without a break in service through April 1, 1987, may make the first election for the purpose of subsection (a) during the election period prescribed for such purpose by the Executive Director. The Executive Director shall prescribe an election period for such purpose which shall commence on April 1, 1987. An election by such an employee or Member during that election period shall be effective on the first day of the employee's or Member's first pay period which begins after the date on which the employee or Member makes that election.
(B) Notwithstanding subsection (a), the maximum amount that an employee or Member may contribute during any pay period which begins on or after April 1, 1987, and before October 1, 1987, pursuant to an election made during the election period provided under subparagraph (A) is the amount equal to 15 percent of such individual's basic pay for such pay period.
(c)(1)(A) At the time prescribed by the Executive Director, but no later than 12 days after the end of the pay period that includes the first date on which an employee or Member may make contributions under subsection (a) (without regard to whether the employee or Member has elected to make such contributions during such pay period), and within such time as the Executive Director may prescribe with respect to succeeding pay periods (but no later than 12 days after the end of each such pay period), the employing agency shall contribute to the Thrift Savings Fund for the benefit of such employee or Member the amount equal to 1 percent of the basic pay of such employee or Member for such pay period.
(B) In the case of each employee or Member who is an employee or Member on January 1, 1987, and continues as an employee or Member without a break in service through April 1, 1987, the employing agency shall contribute to the Thrift Savings Fund for the benefit of such employee or Member the amount equal to 1 percent of the total basic pay paid to such employee or Member for that period of service.
(C) If an employee or Member—
(i) is an employee or Member on January 1, 1987;
(ii) separates from Government employment before April 1, 1987; and
(iii) before separation, completes the number of years of civilian service applicable to such employee or Member under subparagraph (A) or (B) of subsection (g)(2),
the employing agency shall contribute to the Thrift Savings Fund for the benefit of such employee or Member the amount equal to 1 percent of the total basic pay paid to such employee or Member for service performed on or after January 1, 1987, and before the date of the separation.
(2)(A) In addition to contributions made under paragraph (1), the employing agency of an employee or Member who contributes to the Thrift Savings Fund under subsection (a) for any pay period shall make a contribution to the Thrift Savings Fund for the benefit of such employee or Member. The employing agency's contribution shall be made within such time as the Executive Director may prescribe, but no later than 12 days after the end of each such pay period.
(B) The amount contributed under subparagraph (A) by an employing agency with respect to a contribution of an employee or Member during any pay period shall be the amount equal to the sum of—
(i) such portion of the total amount of the employee's or Member's contribution as does not exceed 3 percent of such employee's or Member's basic pay for such period; and
(ii) one-half of such portion of the amount of the employee's or Member's contribution as exceeds 3 percent, but does not exceed 5 percent, of such employee's or Member's basic pay for such pay period.
(C) Notwithstanding subparagraph (B), the amount contributed under subparagraph (A) by an employing agency with respect to any contribution made by an employee or Member during any pay period which begins after the date on which such employee or Member makes an election under subsection (b)(4) and before July 1, 1987, shall be the amount equal to the sum of—
(i) two times such portion of the total amount of the employee's or Member's contribution as does not exceed 3 percent of such employee's or Member's basic pay for such pay period; and
(ii) such portion of the total amount of the employee's or Member's contributions as exceeds 3 percent, but does not exceed 5 percent, of such employee's or Member's basic pay for such pay period.
(3)(A) There shall be contributed to the Thrift Savings Fund on behalf of each employee or Member described in subparagraph (B) the amount determined under subparagraph (C).
(B) An employee or Member referred to in subparagraph (A) is an employee or Member who—
(i) is an employee or Member on January 1, 1987;
(ii) has creditable service described in
(iii) has not received a refund of the amount of the retirement deductions made with respect to such service under section 204 of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983.
(C) The amount referred to in subparagraph (A) in the case of an employee or Member is equal to the sum of—
(i) 1 percent of the total basic pay paid to such employee or Member for service described in
(ii) interest on such amount computed with respect to such service in the manner provided in paragraphs (2) and (3) of
(D) The Secretary of the Treasury shall credit to the Thrift Savings Fund, out of any sums in the Treasury not otherwise appropriated, the amounts determined by the Director to be necessary to carry out this paragraph.
(d) Notwithstanding any other provision of this section, no contribution may be made under this section for any year to the extent that such contribution, when added to prior contributions for such year, exceeds any limitation under section 415 of the Internal Revenue Code of 1986. However, no contribution made under subsection (c)(3) shall be subject to, or taken into account, for purposes of the preceding sentence.
(e) The sums required to be contributed to the Thrift Savings Fund by an employing agency under subsection (c) for the benefit of an employee or Member shall be paid from the appropriation or fund available to such agency for payment of salaries of the employee's or Member's office or establishment. When an employee or Member in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee or Member.
(f) Amounts contributed by an employee or Member under subsection (a) and amounts contributed with respect to such employee or Member under subsection (c) shall be deposited in the Thrift Savings Fund to the credit of that employee's or Member's account in accordance with such procedures as the Secretary of the Treasury may, in consultation with the Executive Director, prescribe in regulations.
(g)(1) Except as otherwise provided in this subsection, all contributions made under this section shall be fully nonforfeitable when made.
(2) Contributions made for the benefit of an employee under subsection (c)(1) and all earnings attributable to such contributions shall be forfeited if the employee separates from Government employment before completing—
(A) 2 years of civilian service in the case of an employee who, at the time of separation, is serving in—
(i) a position in the Senior Executive Service as a noncareer appointee (as defined in
(ii) a position listed in
(iii) a position in the Executive branch which is excepted from the competitive service by the Office by reason of the confidential and policy-determining character of the position; or
(B) 3 years of civilian service in the case of an employee who is not serving in a position described in subparagraph (A) at the time of separation.
(3) Contributions made for the benefit of a Member or Congressional employee under subsection (c)(1) and all earnings attributable to such contributions shall be forfeited if the Member or Congressional employee separates from Government employment before completing 2 years of civilian service.
(4) Nothing in paragraph (2) or (3) shall cause the forfeiture of any contributions made for the benefit of an employee, Member, or Congressional employee under subsection (c)(1), or any earnings attributable thereto, if such employee, Member, or Congressional employee is not separated from Government employment as of date of death.
(5) Notwithstanding any other provision of law, contributions made by the Government for the benefit of an employee or Member under subsection (c), and all earnings attributable to such contributions, shall be forfeited if the annuity of the employee or Member, or that of a survivor or beneficiary, is forfeited under subchapter II of
(h) No transfers or contributions may be made to the Thrift Savings Fund except as provided in this chapter or
(i)(1) This subsection applies to any employee—
(A) to whom section 8432b applies; and
(B) who, during the period of such employee's absence from civilian service (as referred to in section 8432b(b)(2)(B))—
(i) is eligible to make an election described in subsection (b)(1); or
(ii) would be so eligible but for having either elected to terminate individual contributions to the Thrift Savings Fund within 2 months before commencing military service or separated in order to perform military service.
(2) The Executive Director shall prescribe regulations to ensure that any employee to whom this subsection applies shall, within a reasonable time after being restored or reemployed (in the manner described in section 8432b(a)(2)), be afforded the opportunity to make, for purposes of this section, any election which would be allowable during a period described in subsection (b)(1)(A).
(Added
References in Text
Section 301 of the Federal Employees' Retirement System Act of 1986 [
Section 204 of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983 [
Section 415 of the Internal Revenue Code of 1986, referred to in subsec. (d), is classified to
Amendments
1996—Subsec. (e).
Subsec. (f).
Subsec. (g)(5).
1994—Subsec. (d).
Subsec. (i).
1988—Subsec. (c)(1)(A).
Subsec. (c)(2)(A).
Subsec. (d).
Subsec. (g)(1).
Subsec. (g)(4).
1987—Subsec. (b)(4)(A).
1986—Subsec. (b)(4).
Subsec. (c)(1).
Subsec. (c)(2)(C).
Effective Date of 1996 Amendment
Section 304(b) of
Effective Date of 1994 Amendment
Amendment by section 4(c) of
Amendment by section 5(e)(3) of
Effective Date of 1986 Amendment
Section 6001(f) of
Regulations
Section 6001(d) of
Eligibility of Certain Individuals To Participate in Thrift Savings Plan
Section 125 of
"(a)
"(1) the term 'Executive Director' means the Executive Director under
"(2) the term 'Thrift Savings Plan' refers to the program under subchapter III of
"(b)
"(1)
"(2)
"(A) in computing a percentage of basic pay to determine an amount to be contributed to the Thrift Savings Fund, the rate of basic pay to be used shall be the same as that used in computing any amount which the individual involved is otherwise required, as a condition for participating in the Civil Service Retirement System or the Federal Employees' Retirement System (as the case may be), to contribute to the Civil Service Retirement and Disability Fund; and
"(B) an employing authority which would not otherwise make contributions to the Thrift Savings Fund shall be allowed, with respect to any individual under subsection (c) who is serving under such authority, and at the sole discretion of such authority, to make any contributions on behalf of such individual which would be permitted or required under the provisions of
"(c)
"(1) any individual participating in the Civil Service Retirement System or the Federal Employees' Retirement System as—
"(A) an individual who has entered on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees (as defined by
"(B) an individual assigned from a Federal agency to a State or local government under subchapter VI of
"(C) an individual appointed or otherwise assigned to one of the cooperative extension services, as defined by section 1404(5) of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (
"(2) any individual who is participating in the Civil Service Retirement System as a result of a provision of law described in section 8347(o).
"(d)
"(1)
"(2)
Contributions to Thrift Savings Fund
Section 6001(a)(3) of
Inapplicability of Limitation on Number of Elections Within a Six-Month Period
Section 6001(c) of
Plan for Delayed Contributions to Thrift Savings Fund
Section 312 of
Section Referred to in Other Sections
This section is referred to in
§8432a. Payment of lost earnings
(a)(1) The Executive Director shall prescribe regulations under which an employing agency shall be required to pay to the Thrift Savings Fund amounts representing lost earnings resulting from errors (including errors of omission) made by such agency in carrying out this subchapter, subject to paragraph (2).
(2) If the error involves an employing agency's failure to deduct from basic pay contributions (in whole or in part) on behalf of an individual in accordance with section 8432(a), the regulations shall not provide for the payment of any lost earnings which would be attributable to—
(A) the contributions that the agency failed to deduct from basic pay in accordance with section 8432(a); or
(B) any related contributions under section 8432(c)(2) that the employing agency is not required (by statute or otherwise) to make up.
(b) The regulations—
(1) shall include—
(A) procedures for computing lost earnings; and
(B) procedures under which amounts paid to the Thrift Savings Fund under this section shall be credited to appropriate accounts;
(2) may provide for exceptions from the requirements of this section to the extent that correction of an error is not administratively feasible;
(3) may require an employing agency to reimburse the Thrift Savings Fund for costs incurred by the Thrift Savings Fund in implementing corrections of employing agency errors under this section; and
(4) may include such other provisions as the Executive Director determines appropriate to carry out this section.
(c) Any amounts required to be paid by an employing agency under this section shall be paid from the appropriation or fund available to the employing agency for payment of salaries of the participant's office or establishment. If a participant in the legislative branch is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may pay from the applicable accounts of the House of Representatives the amount required to be paid to correct errors relating to the Thrift Savings Fund that otherwise would be paid from the appropriation or fund used to pay the participant.
(Added
Amendments
1996—Subsec. (c).
Effective Date
Section 2(b) of
§8432b. Contributions of persons who perform military service
(a) This section applies to any employee who—
(1) separates or enters leave-without-pay status in order to perform military service; and
(2) is subsequently restored to or reemployed in a position which is subject to this chapter, pursuant to
(b)(1) Each employee to whom this section applies may contribute to the Thrift Savings Fund, in accordance with this subsection, an amount not to exceed the amount described in paragraph (2).
(2) The maximum amount which an employee may contribute under this subsection is equal to—
(A) the contributions under section 8432(a) which would have been made, over the period beginning on date of separation or commencement of leave-without-pay status (as applicable) and ending on the day before the date of restoration or reemployment (as applicable); reduced by
(B) any contributions under section 8432(a) actually made by such employee over the period described in subparagraph (A).
(3) Contributions under this subsection—
(A) shall be made at the same time and in the same manner as would any contributions under section 8432(a);
(B) shall be made over the period of time specified by the employee under paragraph (4)(B); and
(C) shall be in addition to any contributions then actually being made under section 8432(a).
(4) The Executive Director shall prescribe the time, form, and manner in which an employee may specify—
(A) the total amount such employee wishes to contribute under this subsection with respect to any particular period referred to in paragraph (2)(B); and
(B) the period of time over which the employee wishes to make contributions under this subsection.
The employing agency may place a maximum limit on the period of time referred to in subparagraph (B), which cannot be shorter than two times the period referred to in paragraph (2)(B) and not longer than four times such period.
(c) If an employee makes contributions under subsection (b), the employing agency shall make contributions to the Thrift Savings Fund on such employee's behalf—
(1) in the same manner as would be required under section 8432(c)(2) if the employee contributions were being made under section 8432(a); and
(2) disregarding any contributions then actually being made under section 8432(a) and any agency contributions relating thereto.
(d) An employee to whom this section applies is entitled to have contributed to the Thrift Savings Fund on such employee's behalf an amount equal to—
(1) 1 percent of such employee's basic pay (as determined under subsection (e)) for the period referred to in subsection (b)(2)(B); reduced by
(2) any contributions actually made on such employee's behalf under section 8432(c)(1) with respect to the period referred to in subsection (b)(2)(B).
(e) For purposes of any computation under this section, an employee shall, with respect to the period referred to in subsection (b)(2)(B), be considered to have been paid at the rate which would have been payable over such period had such employee remained continuously employed in the position which such employee last held before separating or entering leave-without-pay status to perform military service.
(f)(1) The employing agency may be required to pay lost earnings on contributions made pursuant to subsections (c) and (d). Such earnings, if required, shall be calculated retroactively to the date the contribution would have been made had the employee not separated or entered leave without pay status to perform military service.
(2) Procedures for calculating and crediting the earnings payable pursuant to paragraph (1) shall be prescribed by the Executive Director.
(g) Amounts paid under subsection (c), (d), or (f) shall be paid—
(1) by the agency to which the employee is restored or in which such employee is reemployed;
(2) from the same source as would be the case under section 8432(e) with respect to sums required under section 8432(c); and
(3) within the time prescribed by the Executive Director.
(h)(1) For purposes of section 8432(g), in the case of an employee to whom this section applies—
(A) a separation from civilian service in order to perform the military service on which the employee's restoration or reemployment rights are based shall be disregarded; and
(B) such employee shall be credited with a period of civilian service equal to the period referred to in subsection (b)(2)(B).
(2)(A) An employee to whom this section applies may elect, for purposes of section 8433(d), or paragraph (1) or (2) of section 8433(h),1 as the case may be, to have such employee's separation (described in subsection (a)(1)) treated as if it had never occurred.
(B) An election under this paragraph shall be made within such period of time after restoration or reemployment (as the case may be) and otherwise in such manner as the Executive Director prescribes.
(i) The Executive Director shall prescribe regulations to carry out this section.
(Added
Contingent Amendment of Subsections (b)(2)(B) and (c)
(1) in subsection (b)(2)(B) by inserting "or 8440e" after "section 8432(a); and
(2) in subsection (c) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, by striking "(c)" and inserting "(c)(1)", and by adding at the end the following:
(2) An employee to whom this section applies is entitled to have contributed to the Thrift Savings Fund on such employee's behalf an amount equal to—
(A) the total contributions to which that individual would have been entitled under section 8432(c)(2), based on the amounts contributed by such individual under section 8440e (other than under subsection (d)(2) thereof) with respect to the period referred to in subsection (b)(2)(B), if those amounts had been contributed by such individual under section 8432(a); reduced by
(B) any contributions actually made on such employee's behalf under section 8432(c)(2) (including pursuant to an agreement under
References in Text
Section 8433(h), referred to in subsec. (h)(2)(A), was redesignated section 8433(f) by
Effective Date of 1999 Amendment
Amendment by
Effective Date
Section 4(e), (f) of
"(e)
"(1) shall take effect on the date of enactment of this Act [Oct. 13, 1994]; and
"(2) shall apply to any employee whose release from military service, discharge from hospitalization, or other similar event making the individual eligible to seek restoration or reemployment under
"(f)
"(1) The employee shall be deemed not to have been reemployed or restored until—
"(A) the date of enactment of this Act, or
"(B) the first day following such employee's reemployment or restoration on which such employee is or was eligible to make an election relating to contributions to the Thrift Savings Fund,
whichever occurs or occurred first.
"(2) If the employee changed agencies during the period between the date of actual reemployment or restoration and the date of enactment of this Act, the employing agency as of such date of enactment shall be considered the reemploying or restoring agency.
"(3)(A) For purposes of any computation under section 8432b of such title, pay shall be determined in accordance with subsection (e) of such section, except that, with respect to the period described in subparagraph (B), actual pay attributable to such period shall be used.
"(B) The period described in this subparagraph is the period beginning on the first day of the first applicable pay period beginning on or after the date of the employee's actual reemployment or restoration and ending on the day before the date determined under paragraph (1).
"(4) Deem section 8432b(b)(2)(A) of such title to be amended by striking 'ending on the day before the date of restoration or reemployment (as applicable)' and inserting 'ending on the date determined under section 4(f)(1) of the Uniformed Services Employment and Reemployment Rights Act of 1994'."
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§8432c. Contributions of certain persons reemployed after service with international organizations
(a) In this section, the term "covered person" means any person who—
(1) transfers from a position of employment covered by
(2) pursuant to section 3582 elects to retain coverage, rights, and benefits under any system established by law for the retirement of persons during the period of employment with the international organization and currently deposits the necessary deductions in payment for such coverage, rights, and benefits in the system's fund; and
(3) is reemployed pursuant to section 3582(b) to a position covered by
(b)(1) Each covered person may contribute to the Thrift Savings Fund, in accordance with this subsection, an amount not to exceed the amount described in paragraph (2).
(2) The maximum amount which a covered person may contribute under paragraph (1) is equal to—
(A) the total amount of all contributions under section 8351(b)(2) or 8432(a), as applicable, which the person would have made over the period beginning on the date of transfer of the person (as described in subsection (a)(1)) and ending on the day before the date of reemployment of the person (as described in subsection (a)(3)), minus
(B) the total amount of all contributions, if any, under section 8351(b)(2) or 8432(a), as applicable, actually made by the person over the period described in subparagraph (A).
(3) Contributions under paragraph (1)—
(A) shall be made at the same time and in the same manner as would any contributions under section 8351(b)(2) or 8432(a), as applicable;
(B) shall be made over the period of time specified by the person under paragraph (4)(B); and
(C) shall be in addition to any contributions actually being made by the person during that period under section 8351(b)(2) or 8432(a), as applicable.
(4) The Executive Director shall prescribe the time, form, and manner in which a covered person may specify—
(A) the total amount the person wishes to contribute with respect to any period described in paragraph (2)(A); and
(B) the period of time over which the covered person wishes to make contributions under this subsection.
(c) If a covered person who makes contributions under section 8432(a) makes contributions under subsection (b), the agency employing the person shall make those contributions to the Thrift Savings Fund on the person's behalf in the same manner as contributions are made for an employee described in section 8432b(a) under sections 8432b(c), 8432b(d), and 8432b(f). Amounts paid under this subsection shall be paid in the same manner as amounts are paid under section 8432b(g).
(d) For purposes of any computation under this section, a covered person shall, with respect to the period described in subsection (b)(2)(A), be considered to have been paid at the rate which would have been payable over such period had the person remained continuously employed in the position that the person last held before transferring to the international organization.
(e) For purposes of section 8432(g), a covered person shall be credited with a period of civilian service equal to the period beginning on the date of transfer of the person (as described in subsection (a)(1)) and ending on the day before the date of reemployment of the person (as described in subsection (a)(3)).
(f) The Executive Director shall prescribe regulations to carry out this section.
(Added
References in Text
The Foreign Service Act of 1980, referred to in subsec. (a)(1), (3), is
Effective Date
1 See References in Text note below.
§8433. Benefits and election of benefits
(a) An employee or Member who separates from Government employment is entitled to the amount of the balance in the employee's or Member's account (except for the portion of such amount forfeited under
(b) Subject to
(1) an annuity;
(2) a single payment;
(3) 2 or more substantially equal payments to be made not less frequently than annually; or
(4) any combination of payments as provided under paragraphs (1) through (3) as the Executive Director may prescribe by regulation.
(c)(1) In addition to the right provided under subsection (b) to withdraw the balance of the account, an employee or Member who separates from Government service and who has not made a withdrawal under subsection (h)(1)(A) may make one withdrawal of any amount as a single payment in accordance with subsection (b)(2) from the employee's or Member's account.
(2) An employee or Member may request that the amount withdrawn from the Thrift Savings Fund in accordance with subsection (b)(2) be transferred to an eligible retirement plan.
(3) The Executive Director shall make each transfer elected under paragraph (2) directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986) identified by the employee, Member, former employee, or former Member for whom the transfer is made.
(4) A transfer may not be made for an employee, Member, former employee, or former Member under paragraph (2) until the Executive Director receives from that individual the information required by the Executive Director specifically to identify the eligible retirement plan or plans to which the transfer is to be made.
(d)(1) Subject to paragraph (3) 1 and subsections (a) and (c) of
(2) A former employee or Member may not change an election under this section on or after the date on which a payment is made in accordance with such election or, in the case of an election to receive an annuity, the date on which an annuity contract is purchased to provide for the annuity elected by the former employee or Member.
(e) If an employee or Member (or former employee or Member) dies without having made an election under this section or after having elected an annuity under this section but before making an election under
(f)(1) Notwithstanding subsection (b), if an employee or Member separates from Government employment, and such employee's or Member's nonforfeitable account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment, unless an election under section 8432b(h)(2) is made to treat such separation for purposes of this paragraph as if it had never occurred.
(2) Unless otherwise elected under this section, and subject to paragraph (1), benefits under this subchapter shall be paid as an annuity commencing for an employee, Member, former employee, or former Member on April 1 of the year following the latest of the year in which—
(A) the employee, Member, former employee, or former Member becomes 70½ years of age; or
(B) the employee, Member, former employee, or former Member separates from Government employment.
(g)(1) At any time before separation, an employee or Member may apply to the Board for permission to borrow from the employee's or Member's account an amount not exceeding the value of that portion of such account which is attributable to contributions made by the employee or Member under
(2) Loans under this subsection shall be available to all employees and Members on a reasonably equivalent basis, and shall be subject to such other conditions as the Board may by regulation prescribe. The restrictions of
(3) A loan may not be made under this subsection to the extent that the loan would be treated as a taxable distribution under section 72(p) of the Internal Revenue Code of 1986.
(4) A loan may not be made under this subsection unless the requirements of
(h)(1) An employee or Member may apply, before separation, to the Board for permission to withdraw an amount from the employee's or Member's account based upon—
(A) the employee or Member having attained age 59½; or
(B) financial hardship.
(2) A withdrawal under paragraph (1)(A) shall be available to each eligible participant one time only.
(3) A withdrawal under paragraph (1)(B) shall be available only for an amount not exceeding the value of that portion of such account which is attributable to contributions made by the employee or Member under
(4) Withdrawals under paragraph (1) shall be subject to such other conditions as the Executive Director may prescribe by regulation.
(5) A withdrawal may not be made under this subsection unless the requirements of
(Added
Contingent Amendment of Subsections (g)(1) and (h)(3)
References in Text
Sections 72(p) and 402(c)(8) of the Internal Revenue Code of 1986, referred to in subsecs. (c)(3) and (g)(3), are classified to sections 72(p) and 402(a)(5)(E), respectively, of Title 26, Internal Revenue Code.
Amendments
1996—Subsec. (b).
"(1) to receive an immediate annuity from the Thrift Savings Fund;
"(2) to defer the commencement of the payment of an annuity from the Thrift Savings Fund until such date as the employee or Member specifies, but not later than April 1 of the year following the year in which the employee or Member becomes 70½ years of age;
"(3) to withdraw the amount of the balance in the employee's or Member's account in the Thrift Savings Fund in one or more substantially equal payments to be made not less frequently than annually and to commence before April 1 of the year following the year in which the employee or Member becomes 70½ years of age; or
"(4) to transfer the amount of the balance in the employee's or Member's account to an eligible retirement plan as provided in subsection (c)."
Subsec. (c).
"(1) The Executive Director shall make each transfer elected under subsection (b)(4) directly to an eligible retirement plan or plans (as defined in section 402(c)(8) of the Internal Revenue Code of 1986) identified by the employee, Member, former employee, or former Member for whom the transfer is made.
"(2) A transfer may not be made for an employee, Member, former employee, or former Member under paragraph (1) until the Executive Director receives from that individual the information required by the Executive Director specifically to identify the eligible retirement plan or plans to which the transfer is to be made."
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (d)(3).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (g)(1).
Subsec. (g)(2) to (5).
"(A) the purchase of a primary residence;
"(B) educational expenses;
"(C) medical expenses; or
"(D) financial hardship."
Subsec. (h).
1994—Subsec. (b).
Subsec. (b)(4).
Subsec. (c).
Subsec. (c)(1).
Subsec. (d).
Subsec. (d)(1).
Subsec. (d)(2).
Subsec. (e).
Subsec. (f).
Subsec. (f)(1).
Subsec. (f)(2).
Subsec. (f)(3).
Subsec. (g).
Subsec. (g)(5).
Subsec. (h).
Subsec. (h)(1), (2).
Subsec. (i).
Subsec. (i)(4).
1992—Subsec. (b).
1990—Subsec. (f)(3)(A).
Subsec. (f)(3)(B).
Subsec. (h).
"(1) the employee, Member, former employee, or former Member becomes 65 years of age;
"(2) occurs the tenth anniversary of the year in which the employee, Member, former employee, or former Member became subject to this subchapter; or
"(3) the employee, Member, former employee, or former Member separates from Government employment."
1988—Subsec. (i)(3).
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendments
Amendment by section 4(b) of
Amendment by section 5(e)(4) of
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Section 5(d) of
Amendment by section 6(a)(2) of
Regulations
Section 6(b)(4) of
Invalidity of Certain Prior Elections
Section 101(f) [title VI, §659 [title II, §203(b)]] of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be paragraph "(2)".
§8434. Annuities: methods of payment; election; purchase
(a)(1) The Board shall prescribe methods of payment of annuities under this subchapter.
(2) The methods of payment prescribed under paragraph (1) shall include, but not be limited to—
(A) a method which provides for the payment of a monthly annuity only to an annuitant during the life of the annuitant;
(B) a method which provides for the payment of a monthly annuity to an annuitant for the joint lives of the annuitant and the spouse of the annuitant and an appropriate monthly annuity to the one of them who survives the other of them for the life of the survivor;
(C) a method described in subparagraph (A) which provides for automatic adjustments in the amount of the annuity payable so long as the amount of the annuity payable in any one year shall not be less than the amount payable in the previous year;
(D) a method described in subparagraph (B) which provides for automatic adjustments in the amount of the annuity payable so long as the amount of the annuity payable in any one year shall not be less than the amount payable in the previous year; and
(E) a method which provides for the payment of a monthly annuity—
(i) to the annuitant for the joint lives of the annuitant and an individual who is designated by the annuitant under regulations prescribed by the Executive Director and (I) is a former spouse of the annuitant, or (II) has an insurable interest in the annuitant; and
(ii) to the one of them who survives the other of them for the life of the survivor.
(b) Subject to
(c) Notwithstanding the elimination of a method of payment by the Board, an employee, Member, former employee, or former Member may elect the eliminated method if the elimination of such method becomes effective less than 5 years before the date on which that individual's annuity commences.
(d)(1) Not earlier than 90 days (or such shorter period as the Executive Director may by regulation prescribe) before an annuity is to commence under this subchapter, the Executive Director shall expend the balance in the annuitant's account to purchase an annuity contract from any entity which, in the normal course of its business, sells and provides annuities.
(2) The Executive Director shall assure, by contract entered into with each entity from which an annuity contract is purchased under paragraph (1), that the annuity shall be provided in accordance with the provisions of this subchapter and subchapter VII of this chapter.
(3) An annuity contract purchased under paragraph (1) shall include such terms and conditions as the Executive Director requires for the protection of the annuitant.
(4) The Executive Director shall require, from each entity from which an annuity contract is purchased under paragraph (1), a bond or proof of financial responsibility sufficient to protect the annuitant.
(e)(1) No tax, fee, or other monetary payment may be imposed or collected by any State, the District of Columbia, or the Commonwealth of Puerto Rico, or by any political subdivision or other governmental authority thereof, on, or with respect to, any amount paid to purchase an annuity contract under this section.
(2) Paragraph (1) shall not be construed to exempt any company or other entity issuing an annuity contract under this section from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by that entity from the sale of an annuity contract under this section if that tax, fee, or payment is applicable to a broad range of business activity.
(Added
Amendments
1994—Subsec. (b).
Subsec. (c).
"(1) an employee, Member, former employee, or former Member who is entitled under
"(2) any other employee, Member, former employee, or former Member may elect such method of payment for amounts contributed by or on behalf of the employee, Member, former employee, or former Member under
1990—Subsec. (b).
Subsec. (d)(1).
Subsec. (e).
1988—Subsec. (a)(2)(C), (D).
"(C) a method described in subparagraph (A) which provides annual increases in the amount of the annuity payable;
"(D) a method described in subparagraph (B) which provides annual increases in the amount of the annuity payable; and".
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1990 Amendment
Section 4(b) of
Amendment by section 5(b) of
Section Referred to in Other Sections
This section is referred to in
§8435. Protections for spouses and former spouses
(a)(1)(A) A married employee or Member (or former employee or Member) may withdraw all or part of a Thrift Savings Fund account under subsection (b)(2), (3), or (4) of
(B) An employee or Member (or former employee or Member) may make an election or change referred to in subparagraph (A) if the employee or Member and the employee's or Member's spouse (or the former employee or Member and the former employee's or Member's spouse) jointly waive, by written election, any right which the spouse may have to a survivor annuity with respect to such employee or Member (or former employee or Member) under
(2) Paragraph (1) shall not apply to an election or change of election by an employee or Member (or former employee or Member) who establishes to the satisfaction of the Executive Director (at the time of the election or change and in accordance with regulations prescribed by the Executive Director)—
(A) that the spouse's whereabouts cannot be determined; or
(B) that, due to exceptional circumstances, requiring the spouse's waiver would otherwise be inappropriate.
(b)(1) Notwithstanding any election under subsection (b) of
(2) Paragraph (1) shall not apply if—
(A) a joint waiver of such method is made, in writing, by the employee or Member and the spouse; or
(B) the employee or Member waives such method, in writing, after establishing to the satisfaction of the Executive Director that circumstances described under subsection (a)(2)(A) or (B) make the requirement of a joint waiver inappropriate.
(c)(1) An election or change of election shall not be effective under this subchapter to the extent that the election, change, or transfer conflicts with any court decree, order, or agreement described in paragraph (2).
(2) A court decree, order, or agreement referred to in paragraph (1) is, with respect to an employee or Member (or former employee or Member), a court decree of divorce, annulment, or legal separation issued in the case of such employee or Member (or former employee or Member) and any former spouse of the employee or Member (or former employee or Member) or any court order or court-approved property settlement agreement incident to such decree if—
(A) the decree, order, or agreement expressly relates to any portion of the balance in the employee's or Member's (or former employee's or Member's) account; and
(B) notice of the decree, order, or agreement was received by the Executive Director before—
(i) the date on which payment is made, or
(ii) in the case of an annuity, the date on which an annuity contract is purchased to provide for the annuity,
in accordance with the election, change, or contribution referred to in paragraph (1).
(3) The Executive Director shall prescribe regulations under which this subsection shall be applied in any case in which the Executive Director receives two or more decrees, orders, or agreements referred to in paragraph (1).
(d)(1) Subject to paragraphs (2) through (7), a former spouse of a deceased employee or Member (or a deceased former employee or Member) who died after performing 18 or more months of service and a former spouse of a deceased former employee or Member who died entitled to an immediate or deferred annuity under subchapter II of this chapter is entitled to a survivor annuity under this subsection if and to the extent that—
(A) an election under
(B) any court decree, order, or agreement (described in subsection (c)(2), without regard to subparagraph (B) of such subsection) which relates to such deceased individual and such former spouse,
expressly provides for such survivor annuity.
(2) Paragraph (1) shall apply only to payments made by the Executive Director after the date on which the Executive Director receives written notice of the election, decree, order, or agreement, and such additional information and documentation as the Executive Director may require.
(3) The amount of the survivor annuity payable from the Thrift Savings Fund to a former spouse of a deceased employee, Member, former employee, or former Member under this section may not exceed the excess, if any, of—
(A) the amount of the survivor annuity determined for a surviving spouse of the deceased employee, Member, former employee, or former Member under the method described in subsection (b)(1), over
(B) the total amount of all other survivor annuities payable under this subchapter to other former spouses of such deceased employee, Member, former employee, or former Member based on the order of precedence provided in paragraph (4).
(4) If more than one former spouse of a deceased employee, Member, former employee, or former Member is entitled to a survivor annuity pursuant to this subsection, the amount of each such survivor annuity shall be limited appropriately to carry out paragraph (3) in the order of precedence established for the entitlements by the chronological order of the dates on which elections are properly made pursuant to
(5) Subsections (c) and (d) of
(6) For the purposes of this section, a court decree, order, or agreement or an election referred to in subsection (a) of this section shall not be effective, in the case of a former spouse, to the extent that the election is inconsistent with any joint waiver previously executed with respect to such former spouse under subsection (a)(2) or (b)(2).
(7) Any payment under this subsection to any individual bars recovery by any other individual.
(e)(1)(A) A loan or withdrawal may be made to a married employee or Member under section 8433(g) and (h) of this title only if the employee's or Member's spouse consents to such loan or withdrawal in writing.
(B) A consent under subparagraph (A) shall be irrevocable with respect to the loan or withdrawal to which the consent relates.
(C) Subparagraph (A) shall not apply to a loan or withdrawal to an employee or Member who establishes to the satisfaction of the Executive Director (at the time the employee or Member applies for such loan or withdrawal and in accordance with regulations prescribed by the Executive Director)—
(i) that the spouse's whereabouts cannot be determined; or
(ii) that, due to exceptional circumstances, requiring the employee or Member to seek the spouse's consent would otherwise be inappropriate.
(2) An application for a loan or withdrawal under section 8433(g) and (h) of this title shall not be approved if approval would have the result described under subsection (c)(1).
(f) Waivers and notifications required by this section and waivers of the requirements for such waivers and notifications (as authorized by this section) may be made only in accordance with procedures prescribed by the Executive Director.
(g) Except with respect to the making of loans or withdrawals under section 8433(g) and (h), none of the provisions of this section requiring notification to, or the consent or waiver of, a spouse or former spouse of an employee, Member, former employee, or former Member shall apply in any case in which the nonforfeitable account balance of the employee, Member, former employee, or former Member is $3,500 or less.
(h) The protections provided by this section are in addition to the protections provided by
(Added
Amendments
1996—Subsec. (a)(1)(A).
Subsec. (c)(1).
Subsec. (c)(2)(B).
Subsec. (e)(1).
Subsec. (e)(2).
Subsec. (g).
1994—Subsec. (a)(1)(A).
Subsec. (a)(1)(B).
Subsec. (b).
"(A) in the case of an employee or Member retiring under
"(i) a joint waiver of such method is made, in writing, by the employee or Member and the spouse; or
"(ii) the employee or Member waives such method, in writing, after establishing to the satisfaction of the Executive Director that circumstances described in subsection (a)(2)(A) or (a)(2)(B) make the requirement of a joint waiver inappropriate; or
"(B) in the case of an employee or Member not covered by subparagraph (A), if the employee or Member waives such method after—
"(i) having provided notification to the spouse of intent to waive; or
"(ii) establishing to the satisfaction of the Executive Director that the whereabouts of such spouse cannot be determined."
"(b)(1) Except as provided in paragraph (2), a transfer may be made by an employee or Member (or former employee or Member) under
"(2) Paragraph (1) may be waived with respect to a spouse or former spouse if the employee or Member (or former employee or Member) establishes to the satisfaction of the Executive Director that the whereabouts of such spouse or former spouse cannot be determined."
Subsec. (c).
Subsec. (d).
Subsec. (d)(1)(B).
Subsec. (d)(3)(A).
Subsec. (d)(6).
Subsec. (e).
Subsec. (e)(1)(A).
Subsec. (e)(2).
Subsec. (f).
Subsec. (g).
Subsecs. (h), (i).
1992—Subsec. (c)(2)(A).
1990—Subsec. (c)(1).
Subsec. (d)(2)(B)(ii).
Subsecs. (h), (i).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 5(c) of
Amendment by section 6(a)(3) of
Section Referred to in Other Sections
This section is referred to in
§8436. Administrative provisions
(a) The Executive Director shall make or provide for payments and transfers in accordance with an election of an employee or Member under
(b) Any election, change of election, or modification of a deferred annuity commencement date made under this subchapter shall be in writing and shall be filed with the Executive Director in accordance with regulations prescribed by the Executive Director.
(Added
§8437. Thrift Savings Fund
(a) There is established in the Treasury of the United States a Thrift Savings Fund.
(b) The Thrift Savings Fund consists of the sum of all amounts contributed under
(c) The sums in the Thrift Savings Fund are appropriated and shall remain available without fiscal year limitation—
(1) to invest under
(2) to pay benefits or purchase annuity contracts under this subchapter;
(3) to pay the administrative expenses of the Federal Retirement Thrift Investment Management System prescribed in subchapter VII of this chapter;
(4) to make distributions for the purposes of
(5) to make loans to employees and Members as authorized under
(6) to purchase insurance as provided in
(d) Administrative expenses incurred to carry out this subchapter and subchapter VII of this chapter shall be paid first out of any sums in the Thrift Savings Fund forfeited under
(e)(1) Subject to subsection (d) and paragraphs (2) and (3), sums in the Thrift Savings Fund credited to the account of an employee, Member, former employee, or former Member may not be used for, or diverted to, purposes other than for the exclusive benefit of the employee, Member, former employee, or former Member or his beneficiaries under this subchapter.
(2) Except as provided in paragraph (3), sums in the Thrift Savings Fund may not be assigned or alienated and are not subject to execution, levy, attachment, garnishment, or other legal process. For the purposes of this paragraph, a loan made from such Fund to an employee or Member shall not be considered to be an assignment or alienation.
(3) Moneys due or payable from the Thrift Savings Fund to any individual and, in the case of an individual who is an employee or Member (or former employee or Member), the balance in the account of the employee or Member (or former employee or Member) shall be subject to legal process for the enforcement of the individual's legal obligations to provide child support or make alimony payments as provided in section 459 of the Social Security Act (
(f) The sums in the Thrift Savings Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose.
(g) All sums contributed to the Thrift Savings Fund by an employee or Member or by an employing agency for the benefit of such employee or Member and all net earnings in such Fund attributable to investment of such sums are held in such Fund in trust for such employee or Member.
(Added
Amendments
1994—Subsec. (c)(5).
Subsec. (e)(3).
1988—Subsec. (d).
Subsec. (e)(1).
Subsec. (e)(3).
Effective Date of 1994 Amendments
Amendment by
Amendment by
Effective Date of 1988 Amendment
Section 117(b) of
Section Referred to in Other Sections
This section is referred to in
§8438. Investment of Thrift Savings Fund
(a) For the purposes of this section—
(1) the term "Common Stock Index Investment Fund" means the Common Stock Index Investment Fund established under subsection (b)(1)(C);
(2) the term "equity capital" means common and preferred stock, surplus, undivided profits, contingency reserves, and other capital reserves;
(3) the term "Fixed Income Investment Fund" means the Fixed Income Investment Fund established under subsection (b)(1)(B);
(4) the term "Government Securities Investment Fund" means the Government Securities Investment Fund established under subsection (b)(1)(A);
(5) the term "International Stock Index Investment Fund" means the International Stock Index Investment Fund established under subsection (b)(1)(E);
(6) the term "net worth" means capital, paid-in and contributed surplus, unassigned surplus, contingency reserves, group contingency reserves, and special reserves;
(7) the term "plan" means an employee benefit plan, as defined in section 3(3) of the Employee Retirement Income Security Act of 1974 (
(8) the term "qualified professional asset manager" means—
(A) a bank, as defined in section 202(a)(2) of the Investment Advisers Act of 1940 (
(i) has the power to manage, acquire, or dispose of assets of a plan; and
(ii) has, as of the last day of its latest fiscal year ending before the date of a determination for the purpose of this clause, equity capital in excess of $1,000,000;
(B) a savings and loan association, the accounts of which are insured by the Federal Deposit Insurance Corporation, which—
(i) has applied for and been granted trust powers to manage, acquire, or dispose of assets of a plan by a State or Government authority having supervision over savings and loan associations; and
(ii) has, as of the last day of its latest fiscal year ending before the date of a determination for the purpose of this clause, equity capital or net worth in excess of $1,000,000;
(C) an insurance company which—
(i) is qualified under the laws of more than one State to manage, acquire, or dispose of any assets of a plan;
(ii) has, as of the last day of its latest fiscal year ending before the date of a determination for the purpose of this clause, net worth in excess of $1,000,000; and
(iii) is subject to supervision and examination by a State authority having supervision over insurance companies; or
(D) an investment adviser registered under section 203 of the Investment Advisers Act of 1940 (
(i) the investment adviser has, on such day, shareholder's or partner's equity in excess of $750,000; or
(ii) payment of all of the investment adviser's liabilities, including any liabilities which may arise by reason of a breach or violation of a duty described in
(I) a person (as defined in
(II) a qualified professional asset manager described in subparagraph (A), (B), or (C); or
(III) a broker or dealer registered under section 15 of the Securities Exchange Act of 1934 (
(9) the term "shareholder's or partner's equity", as used in paragraph (8)(D) with respect to an investment adviser or a person (as defined in
(10) the term "Small Capitalization Stock Index Investment Fund" means the Small Capitalization Stock Index Investment Fund established under subsection (b)(1)(D).
(b)(1) The Board shall establish—
(A) a Government Securities Investment Fund under which sums in the Thrift Savings Fund are invested in securities of the United States Government issued as provided in subsection (e);
(B) a Fixed Income Investment Fund under which sums in the Thrift Savings Fund are invested in—
(i) insurance contracts;
(ii) certificates of deposits; or
(iii) other instruments or obligations selected by qualified professional asset managers,
which return the amount invested and pay interest, at a specified rate or rates, on that amount during a specified period of time;
(C) a Common Stock Index Investment Fund as provided in paragraph (2);
(D) a Small Capitalization Stock Index Investment Fund as provided in paragraph (3); and
(E) an International Stock Index Investment Fund as provided in paragraph (4).
(2)(A) The Board shall select an index which is a commonly recognized index comprised of common stock the aggregate market value of which is a reasonably complete representation of the United States equity markets.
(B) The Common Stock Index Investment Fund shall be invested in a portfolio designed to replicate the performance of the index selected under subparagraph (A). The portfolio shall be designed such that, to the extent practicable, the percentage of the Common Stock Index Investment Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in such index.
(3)(A) The Board shall select an index which is a commonly recognized index comprised of common stock the aggregate market value of which represents the United States equity markets excluding the common stocks included in the Common Stock Index Investment Fund.
(B) The Small Capitalization Stock Index Investment Fund shall be invested in a portfolio designed to replicate the performance of the index in subparagraph (A). The portfolio shall be designed such that, to the extent practicable, the percentage of the Small Capitalization Stock Index Investment Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in such index.
(4)(A) The Board shall select an index which is a commonly recognized index comprised of stock the aggregate market value of which is a reasonably complete representation of the international equity markets excluding the United States equity markets.
(B) The International Stock Index Investment Fund shall be invested in a portfolio designed to replicate the performance of the index in subparagraph (A). The portfolio shall be designed such that, to the extent practicable, the percentage of the International Stock Index Investment Fund that is invested in each stock is the same as the percentage determined by dividing the aggregate market value of all shares of that stock by the aggregate market value of all shares of all stocks included in such index.
(c)(1) The Executive Director shall invest the sums available in the Thrift Savings Fund for investment as provided in elections made under subsection (d).
(2) If an election has not been made with respect to any sums in the Thrift Savings Fund available for investment, the Executive Director shall invest such sums in the Government Securities Investment Fund.
(d)(1) At least twice each year, an employee or Member (or former employee or Member) may elect the investment funds referred to in subsection (b) into which the sums in the Thrift Savings Fund credited to such individual's account are to be invested or reinvested.
(2) An election may be made under paragraph (1) only in accordance with regulations prescribed by the Executive Director and within such period as the Executive Director shall provide in such regulations.
(e)(1) The Secretary of the Treasury is authorized to issue special interest-bearing obligations of the United States for purchase by the Thrift Savings Fund for the Government Securities Investment Fund.
(2)(A) Obligations issued for the purpose of this subsection shall have maturities fixed with due regard to the needs of such Fund as determined by the Executive Director, and shall bear interest at a rate equal to the average market yield (computed by the Secretary of the Treasury on the basis of market quotations as of the end of the calendar month next preceding the date of issue of such obligations) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable earlier than 4 years after the end of such calendar month.
(B) Any average market yield computed under subparagraph (A) which is not a multiple of one-eighth of 1 percent, shall be rounded to the nearest multiple of one-eighth of 1 percent.
(f) The Board, other Government agencies, the Executive Director, an employee, a Member, a former employee, and a former Member may not exercise voting rights associated with the ownership of securities by the Thrift Savings Fund.
(g)(1) Notwithstanding subsection (e) of this section, the Secretary of the Treasury may suspend the issuance of additional amounts of obligations of the United States, if such issuances could not be made without causing the public debt of the United States to exceed the public debt limit, as determined by the Secretary of the Treasury.
(2) Any issuances of obligations to the Government Securities Investment Fund which, solely by reason of the public debt limit are not issued, shall be issued under subsection (e) by the Secretary of the Treasury as soon as such issuances can be issued without exceeding the public debt limit.
(3) Upon expiration of the debt issuance suspension period, the Secretary of the Treasury shall immediately issue to the Government Securities Investment Fund obligations under
(4) On the first business day after the expiration of any debt issuance suspension period, the Secretary of the Treasury shall pay to the Government Securities Investment Fund, from amounts in the general fund of the Treasury of the United States not otherwise appropriated, an amount equal to the excess of the net amount of interest that would have been earned by the Government Securities Investment Fund from obligations of the United States during such debt issuance suspension period if—
(A) amounts in the Government Securities Investment Fund that were available for investment in obligations of the United States and were not invested during such debt issuance suspension period solely by reason of the public debt limit had been invested under the procedure set forth in paragraph (5), over
(B) the net amount of interest actually earned by the Government Securities Investment Fund from obligations of the United States during such debt issuance suspension period.
(5) On each business day during the debt limit suspension period, the Executive Director shall notify the Secretary of the Treasury of the amounts, by maturity, that would have been invested or redeemed each day had the debt issuance suspension period not occurred.
(6) For purposes of this subsection and subsection (h) of this section—
(A) the term "public debt limit" means the limitation imposed by
(B) the term "debt issuance suspension period" means any period for which the Secretary of the Treasury determines for purposes of this subsection that the issuance of obligations of the United States may not be made without exceeding the public debt limit.
(h)(1) The Secretary of the Treasury shall report to Congress on the operation and status of the Thrift Savings Fund during each debt issuance suspension period for which the Secretary is required to take action under paragraph (3) or (4) of subsection (g) of this section. The report shall be submitted as soon as possible after the expiration of such period, but not later than 30 days after the first business day after the expiration of such period. The Secretary shall concurrently transmit a copy of such report to the Executive Director.
(2) Whenever the Secretary of the Treasury determines that, by reason of the public debt limit, the Secretary will be unable to fully comply with the requirements of subsection (e) of this section, the Secretary shall immediately notify Congress and the Executive Director of the determination. The notification shall be made in writing.
(Added
Amendments
1996—Subsec. (a).
Subsec. (b).
Subsec. (h)(1).
1992—Subsec. (a)(7)(B).
1990—Subsec. (b)(1)(A).
Subsec. (c)(1).
Subsec. (d)(1).
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsecs. (h), (i).
1988—Subsec. (e)(3)(A).
1987—Subsecs. (h), (i).
Effective Date of 1996 Amendment
Section 101(f) [title VI, §659 [title I, §104]] provided that: "This title [title I (§§101–104) of section 659 of section 101(f) of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Section 2(b) of
Removal of Investment Restrictions
Section 3(b)(4) of
Section Referred to in Other Sections
This section is referred to in
§8439. Accounting and information
(a)(1) The Executive Director shall establish and maintain an account for each individual for whom contributions are made under
(2) The balance in an individual's account at any time is the excess of—
(A) the sum of—
(i) all contributions made to the Thrift Savings Fund by the individual under
(ii) all contributions made to such Fund for the benefit of the individual under
(iii) the total amount of the allocations made to and reductions made in the account pursuant to paragraph (3), over
(B) the amounts paid out of the Thrift Savings Fund with respect to such individual under this subchapter.
(3) Pursuant to regulations prescribed by the Executive Director, the Executive Director shall allocate to each account an amount equal to a pro rata share of the net earnings and net losses from each investment of sums in the Thrift Savings Fund attributable to sums credited to such account, reduced by an appropriate share of the administrative expenses paid out of the net earnings under
(b)(1) For the purposes of this subsection, the term "qualified public accountant" shall have the same meaning as provided in section 103(a)(3)(D) of the Employee Retirement Income Security Act of 1974 (
(2) The Executive Director shall annually engage, on behalf of all individuals for whom an account is maintained, an independent qualified public accountant, who shall conduct an examination of all accounts and other books and records maintained in the administration of this subchapter and subchapter VII as the public accountant considers necessary to enable the public accountant to make the determination required by paragraph (3). The examination shall be conducted in accordance with generally accepted auditing standards and shall involve such tests of the accounts, books, and records as the public accountant considers necessary.
(3) The public accountant conducting an examination under paragraph (2) shall determine whether the accounts, books, and records referred to in such paragraph have been maintained in conformity with generally accepted accounting principles applied on a basis consistent with the manner in which such principles were applied during the examination conducted under such paragraph during the preceding year. The public accountant shall transmit to the Board a report on his examination, including his determination under this paragraph.
(4) In making a determination under paragraph (3), a public accountant may rely on the correctness of any actuarial matter certified by an enrolled actuary if the public accountant states his reliance in the report transmitted to the Board under such paragraph.
(c)(1) The Board shall prescribe regulations under which each individual for whom an account is maintained shall be furnished with—
(A) a periodic statement relating to the individual's account; and
(B) a summary description of the investment options under
(2) Information under this subsection shall be provided at least 30 calendar days before the beginning of each election period under
(d) Each employee, Member, former employee, or former Member who elects to invest in the Common Stock Index Investment Fund, the Fixed Income Investment Fund, the International Stock Index Investment Fund, or the Small Capitalization Stock Index Investment Fund, defined in paragraphs (1), (3), (5), and (10), respectively, of
(Added
Contingent Amendment of Subsection (a)(1), (2)
(1) in paragraph (1), by striking "under
(2) in paragraph (2)(A)(i), by striking all after "individual" and inserting a semicolon; and
(3) in paragraph (2)(A)(ii), by striking all after "individual" and inserting "; and".
Amendments
1996—Subsec. (b)(3).
Subsec. (d).
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1996 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8440. Tax treatment of the Thrift Savings Fund
(a) For purposes of the Internal Revenue Code of 1986—
(1) the Thrift Savings Fund shall be treated as a trust described in section 401(a) of such Code which is exempt from taxation under section 501(a) of such Code;
(2) any contribution to, or distribution from, the Thrift Savings Fund shall be treated in the same manner as contributions to or distributions from such a trust; and
(3) subject to section 401(k)(4)(B) of such Code and any dollar limitation on the application of section 402(a)(8) of such Code, contributions to the Thrift Savings Fund shall not be treated as distributed or made available to an employee or Member nor as a contribution made to the Fund by an employee or Member merely because the employee or Member has, under the provisions of this subchapter and
(b)
(c) Subsection (a) shall not be construed to provide that any amount of the employee's or Member's basic pay which is contributed to the Thrift Savings Fund shall not be included in the term "wages" for the purposes of section 209 of the Social Security Act or section 3121(a) of the Internal Revenue Code of 1986.
(Added
References in Text
The Internal Revenue Code of 1986, referred to in subsecs. (a) and (c), is classified generally to Title 26, Internal Revenue Code.
Section 209 of the Social Security Act, referred to in subsec. (c), is classified to
Amendments
1994—Subsecs. (a), (c).
1992—Subsec. (a)(3).
1988—Subsec. (a)(3).
1987—Subsec. (a)(3).
Subsec. (b).
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8440a. Justices and judges
(a)(1) A justice or judge of the United States as defined by
(2) An election may be made under paragraph (1) only during a period provided under section 8432(b) for individuals subject to
(b)(1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to justices and judges making contributions to the Thrift Savings Fund.
(2) The amount contributed by a justice or judge shall not exceed 5 percent of basic pay.
(3) No contributions shall be made for the benefit of a justice or judge under
(4)
(5)
(6) The provisions of
(7) Notwithstanding paragraphs (4) and (5), if any justice or judge retires under subsection (a) or (b) of section 371 or
(Added
References in Text
The effective date of this section, referred to in subsec. (a)(2), is the date of enactment of
Codification
Another section 8440a was renumbered
Amendments
1996—Subsec. (b)(7).
1994—Subsec. (b)(5).
Subsec. (b)(6).
Subsec. (b)(7), (8).
"(7) Notwithstanding paragraph (5), if any justice or judge who elects to make contributions to the Thrift Savings Fund under subsection (a) resigns without having met the age and service requirements set forth in
"(8) Notwithstanding paragraph (4), if any justice or judge retires under subsection (a) or (b) of section 371 or
1992—Subsec. (b)(1).
1990—Subsec. (b)(6).
Subsec. (b)(7), (8).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 3(b)(2) of
Amendment by section 6(b)(2) of
§8440b. Bankruptcy judges and magistrates
(a)(1) A bankruptcy judge or magistrate who is covered by
(2) An election may be made under paragraph (1) only during a period provided under section 8432(b) for individuals subject to this chapter.
(b)(1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to bankruptcy judges and magistrates who make contributions to the Thrift Savings Fund under subsection (a) of this section.
(2) The amount contributed by a bankruptcy judge or magistrate for any pay period shall not exceed 5 percent of basic pay for such pay period.
(3) No contributions shall be made under
(4)(A)
(B)
(C)
(5) With respect to bankruptcy judges and magistrates to whom this section applies, any of the actions described under paragraph (4)(A), (B), or (C) shall be considered a separation from service for purposes of this subchapter and subchapter VII.
(6) For purposes of this section, the terms "retirement" and "retire" include removal from office under
(7) In the case of a bankruptcy judge or magistrate who receives a distribution from the Thrift Savings Plan and who later receives an annuity under
(8) Notwithstanding paragraph (4), if any bankruptcy judge or magistrate retires under circumstances making such bankruptcy judge or magistrate eligible to make an election under subsection (b) of section 8433, and such bankruptcy judge's or magistrate's nonforfeitable account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment.
(Added
References in Text
Section 2(c) of the Retirement and Survivors' Annuities for Bankruptcy Judges and Magistrates Act of 1988, referred to in subsecs. (a)(1) and (b)(4), is section 2(c) of
Codification
Another section 8440b was renumbered
Amendments
1996—Subsec. (b)(7).
Subsec. (b)(8).
1994—Subsec. (b)(4)(B).
Subsec. (b)(4)(C).
Subsec. (b)(5).
Subsec. (b)(8).
Subsec. (b)(9).
1990—
Subsec. (b)(7).
Subsec. (b)(8), (9).
Change of Name
Reference to United States magistrate or to magistrate deemed to refer to United States magistrate judge pursuant to section 321 of
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by section 3(b)(3) of
Amendment by section 6(b)(3) of
Effective Date
Section effective Nov. 15, 1988, and applicable to bankruptcy judges and magistrates [now United States magistrate judges] who retire on or after Nov. 15, 1988, with exception for judges and magistrates retiring on or after July 31, 1987, see section 9 of
§8440c. Court of Federal Claims judges
(a)(1) A judge of the United States Court of Federal Claims who is covered by
(2) An election may be made under paragraph (1) only during a period provided under section 8432(b) for individuals subject to this chapter.
(b)(1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII shall apply with respect to Court of Federal Claims judges who make contributions to the Thrift Savings Fund under subsection (a) of this section.
(2) The amount contributed by a Court of Federal Claims judge for any pay period shall not exceed 5 percent of basic pay for such pay period.
(3) No contributions shall be made under
(4)(A)
(B)
(5) With respect to Court of Federal Claims judges to whom this section applies, any of the actions described in paragraph (4)(A) or (B) shall be considered a separation from service for purposes of this subchapter and subchapter VII.
(6) For purposes of this section, the terms "retirement" and "retire" include removal from office under
(7) In the case of a Court of Federal Claims judge who receives a distribution from the Thrift Savings Plan and who later receives an annuity under
(8) Notwithstanding paragraph (4), if any Court of Federal Claims judge retires under circumstances making such judge eligible to make an election under section 8433(b), and such judge's nonforfeitable account balance is less than an amount that the Executive Director prescribes by regulation, the Executive Director shall pay the nonforfeitable account balance to the participant in a single payment.
(Added
Codification
Another section 8440c was renumbered
Amendments
1996—Subsec. (b)(7).
Subsec. (b)(8).
1994—Subsec. (b)(4)(B).
Subsec. (b)(5).
Subsec. (b)(8), (9).
1992—
Subsec. (a)(1).
Subsec. (b)(1) to (5), (7) to (9).
1991—
Subsec. (b)(4)(A).
Subsec. (b)(7).
Subsec. (b)(8).
Subsec. (b)(9).
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1991 Amendment
Section 7(c)(3) of
Effective Date
Section applicable to judges of, and senior judges in active service with, the United States Court of Federal Claims on or after Dec. 1, 1990, see section 306(f) of
§8440d. Judges of the United States Court of Appeals for Veterans Claims
(a)(1) A judge of the United States Court of Appeals for Veterans Claims may elect to contribute to the Thrift Savings Fund.
(2) An election may be made under paragraph (1) only during a period provided under
(b)(1) Except as otherwise provided in this subsection, the provisions of this subchapter and subchapter VII of this chapter shall apply with respect to a judge making contributions to the Thrift Savings Fund.
(2) The amount contributed by a judge may not exceed 5 percent of the amount of the judge's basic pay. Basic pay does not include any retired pay paid pursuant to
(3) No contributions may be made for the benefit of a judge under
(4)
(5)
(6) The provisions of section 8351(b)(7) 1 of this title shall apply with respect to a judge who has elected to contribute to the Thrift Savings Fund under this section.
(Added
References in Text
Amendments
1998—
Subsecs. (a)(1), (b)(5).
1994—Subsec. (b)(5).
1992—
1991—
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1994 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
First Election
Section 5(b) of
Section Referred to in Other Sections
This section is referred to in title 38 sections 7296, 7297.
1 See References in Text note below.
§8440e. Members of the uniformed services
(a) For purposes of this section—
(1) the term "member" has the meaning given such term by
(2) the term "basic pay" means basic pay payable under
(b)(1) Any member eligible to participate in the Thrift Savings Plan by virtue of
(2)(A) Except as provided in subparagraph (B), an election to contribute to the Thrift Savings Fund under this section may be made only during a period provided under section 8432(b), subject to the same conditions as prescribed under paragraph (2) (A)–(D) thereof.
(B)(i) Notwithstanding subparagraph (A), any individual who is a member as of the effective date described in paragraph (1) of section 663(a) of the National Defense Authorization Act for Fiscal Year 2000 (or, if applicable, paragraph (2) thereof) may make the first such election during the 60-day period beginning on such effective date.
(ii) An election made under this subparagraph shall take effect on the first day of the first applicable pay period beginning after the close of the 60-day period referred to in clause (i).
(c) Except as otherwise provided in this section, the provisions of this subchapter and subchapter VII shall apply with respect to members making contributions to the Thrift Savings Fund, and such members shall, for purposes of this subchapter and subchapter VII, be considered employees within the meaning of section 8401(11).
(d)(1)(A) The amount contributed by a member described in
(B) The amount contributed by a member described in
(2) A member making contributions to the Thrift Savings Fund out of basic pay, or out of compensation under
(3) Nothing in this section or
(e) Except as provided in
(Added
References in Text
Section 663(a) of the National Defense Authorization Act for Fiscal Year 2000, referred to in subsec. (b)(2)(B)(i), is section 663(a) of
The Internal Revenue Code of 1986, referred to in subsec. (d)(3), is classified generally to Title 26, Internal Revenue Code.
Effective Date
"(a)
"(2)(A) The Secretary of Defense may postpone the authority of members of the Ready Reserve to so participate in the Thrift Savings Plan until 180 days after the date that would otherwise apply under paragraph (1) if the Secretary, after consultation with the Executive Director (appointed by the Federal Retirement Thrift Investment Board), determines that permitting such members to participate in the Thrift Savings Plan beginning on the date that would otherwise apply under paragraph (1) would place an excessive burden on the administrative capacity of the Board to accommodate participants in the Thrift Savings Plan.
"(B) The Secretary shall notify the congressional defense committees [Committees on Armed Services and Appropriations of the Senate and the House of Representatives], the Committee on Government Reform of the House of Representatives, and the Committee on Governmental Affairs of the Senate of any determination made under subparagraph (A).
"(b)
"(A) the President, in the budget of the President for fiscal year 2001, proposes legislation which, if enacted, would be qualifying offsetting legislation; and
"(B) there is enacted during the second session of the One Hundred Sixth Congress qualifying offsetting legislation.
The preceding sentence shall not apply with respect to the amendment made by section 661(a)(3)(B)(i) [amending
"(2) For purposes of this subtitle:
"(A) The term 'qualifying offsetting legislation' means legislation (other than an appropriations Act) that includes provisions that—
"(i) offset fully the decreased revenues for each of fiscal years 2000 through 2009 to be made by reason of the amendments made by this subtitle;
"(ii) expressly state that they are enacted for the purpose of the offset described in clause (i); and
"(iii) are included in full on the PayGo scorecard.
"(B) The term 'PayGo scorecard' means the estimates that are made with respect to fiscal years through fiscal year 2009 by the Director of the Congressional Budget Office and the Director of the Office of Management and Budget under section 252(d) of the Balanced Budget and Emergency Deficit Control Act of 1985 [
Regulations
SUBCHAPTER IV—SURVIVOR ANNUITIES
Subchapter Referred to in Other Sections
This subchapter is referred to in
§8441. Definitions
For the purpose of this subchapter—
(1) the term "widow" means the surviving wife of an employee, Member, or annuitant, or of a former employee or Member, who—
(A) was married to him for at least 9 months immediately before his death; or
(B) is the mother of issue by that marriage;
(2) the term "widower" means the surviving husband of an employee, Member, or annuitant, or of a former employee or Member, who—
(A) was married to her for at least 9 months immediately before her death; or
(B) is the father of issue by that marriage;
(3) the term "dependent", in the case of any child, means that the employee, Member, or annuitant involved was, at the time of death of the employee, Member, or annuitant either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office shall prescribe; and
(4) the term "child" means—
(A) an unmarried dependent child under 18 years of age, including (i) an adopted child, (ii) a stepchild but only if the stepchild lived with the employee, Member, or annuitant in a regular parent-child relationship, (iii) a recognized natural child, and (iv) a child who lived with and for whom a petition of adoption was filed by an employee, Member, or annuitant and who is adopted by the widow or widower of the employee, Member, or annuitant after the death of such employee, Member, or annuitant;
(B) such unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or
(C) such unmarried dependent child between 18 and 22 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution.
For the purpose of this paragraph and section 8443, a child whose 22nd birthday occurs before July 1 or after August 31 of a calendar year, and while regularly pursuing such a course of study or training, is deemed to have become 22 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than 5 months and if such child shows to the satisfaction of the Office that such child has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim.
(Added
Section Referred to in Other Sections
This section is referred to in
§8442. Rights of a widow or widower
(a)(1) Except as provided in subsection (g), if an annuitant dies and is survived by a widow or widower, the widow or widower is entitled to an annuity equal to 50 percent of an annuity computed under section 8415 with respect to the annuitant, (or one-half thereof, if designated for this purpose under
(A) the right to an annuity was waived under section 8416(a) (and no election was subsequently made under section 8416(d) nullifying the waiver); or
(B) in the case of a marriage after retirement, the annuitant did not file an election under section 8416(b) or (c), as the case may be.
(2) A spouse acquired after retirement is entitled to an annuity under this subsection (as provided in paragraph (1)) only upon electing this annuity instead of any other survivor benefit to which such spouse may be entitled under this subchapter or section 8424 or under another retirement system for Government employees.
(b)(1) If an employee or Member dies after completing at least 18 months of civilian service creditable under section 8411 and is survived by a widow or widower, the widow or widower is entitled to—
(A) an amount equal to the sum of—
(i) 50 percent of the final annual rate of basic pay (or of the average pay, if higher) of the employee or Member; and
(ii) $15,000 as adjusted under section 8462(e); and
(B) if the employee or Member completed at least 10 years of service, an annuity equal to 50 percent of an annuity computed under section 8415 with respect to the employee or Member, but without regard to subsection (f) of such section.
(2) The Office shall prescribe regulations under which the total amount payable to a widow or widower under paragraph (1)(A) may, at the election of the widow or widower, be paid—
(A) in a lump sum; or
(B) on a monthly basis—
(i) over a period of 3 years beginning on the day after the employee's or Member's death; or
(ii) over any other period established under the regulations.
Any method of payment provided for under subparagraph (B) shall be designed such that the present value of the benefits provided under such method is actuarially equivalent to the present value of a lump-sum payment under subparagraph (A).
(3) An amount payable under paragraph (1)(A) shall not be considered to be part of an annuity for purposes of this chapter.
(c)(1) If a former employee or Member dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for an annuity, and is survived by a widow or widower to whom married on the date of separation, the widow or widower may elect to receive—
(A) an annuity under paragraph (2); or
(B) the lump-sum credit, if the widow or widower is the individual who would be entitled to the lump-sum credit and if such widow or widower files application therefor with the Office.
(2)(A)(i) Subject to clause (ii) and subparagraph (B)(ii), the annuity of the widow or widower is equal to 50 percent of an annuity computed under section 8415 for the former employee or Member.
(ii)(I) In computing an amount under section 8415 for a former employee or Member (described in subclause (II)) in order to compute the annuity for a widow or widower under this subsection, the computation under section 8415 shall be made as if the former employee or Member had attained the applicable minimum retirement age under section 8412(h).
(II) This clause applies with respect to a former employee or Member who dies before having attained the applicable minimum retirement age under section 8412(h).
(B)(i) Notwithstanding the first sentence of subsection (d)(1), the annuity of the widow or widower of a former employee or Member under subparagraph (A)(ii) commences—
(I) on the day after the date on which the former employee or Member would have attained age 62 (or, if applicable, either age 60 if the former employee or Member completed at least 20 years of service, or the applicable minimum retirement age (under section 8412(h)) if the former employee or Member completed at least 30 years of service); or
(II) if the widow or widower so designates in the election, as of the day after the death of the former employee or Member.
(ii) The present value of the annuity of a widow or widower who chooses the earlier commencement date under clause (i)(II) shall be actuarially equivalent to the present value of an annuity computed for the widow or widower, determined as if the commencement date under clause (i)(I) were applicable.
(3)(A) Paragraphs (1) and (2) shall apply only in the case of an employee or Member who completes at least 10 years of service.
(B) Nothing in this subsection shall be considered to affect the provisions of this chapter relating to a lump-sum credit in the case of the widow or widower of a former employee or Member who dies after completing less than 10 years of service.
(d)(1) The annuity of a widow or widower under this section commences on the day after the death of the individual on whose service such annuity is based. This annuity and the right thereto terminate on the last day of the month before the widow or widower—
(A) dies; or
(B) except as provided in paragraph (3), remarries before becoming 55 years of age.
(2) In the case of a widow or widower whose annuity under this section is terminated because of remarriage before becoming 55 years of age, the annuity shall be restored at the same rate commencing on the day the remarriage is dissolved by death, divorce, or annulment, if—
(A) the widow or widower elects to receive this annuity instead of any other survivor benefit to which such widow or widower may be entitled (under this subchapter or section 8424 or under another retirement system for Government employees) by reason of the remarriage; and
(B) any lump sum paid on termination of the annuity is returned to the Fund.
(3) Paragraph (1)(B) (relating to termination of a survivor annuity because of a remarriage before age 55) shall not apply if the widow or widower was married for at least 30 years to the individual on whose service the survivor annuity is based.
(e) The requirement in paragraphs (1)(A) and (2)(A) of section 8441 that the widow or widower of an annuitant, employee, or Member, or of a former employee or Member, have been married to such individual for at least 9 months immediately before the death of the individual in order to qualify as the widow or widower of such individual shall be deemed satisfied in any case in which the individual dies within the applicable 9-month period, if—
(1) the death of the individual was accidental; or
(2) the surviving spouse of the individual had been previously married to such individual and subsequently divorced, and the aggregate time married is at least 9 months.
(f)(1) Subject to paragraph (4), a survivor who is entitled to an annuity under subsection (a) shall also be entitled to a supplementary annuity under this subsection.
(2) A supplementary annuity under this subsection shall be equal to the lesser of—
(A) the amount by which the survivor's assumed CSRS annuity exceeds the annuity payable to such survivor under subsection (a); or
(B) the amount determined under paragraph (3).
(3)(A) Except as provided in subparagraph (B), the amount under this paragraph for a survivor is the amount of widow's or widower's insurance benefits which would be payable to such survivor under title II of the Social Security Act (without regard to sections 202(e)(7), 202(f)(2), and 203 of such Act) based on the wages and self-employment income of the deceased annuitant, and determined—
(i) as of the date on which the annuitant died; and
(ii) as if the survivor had attained age 60 and made application for those benefits under subsection (e) or (f) of section 202 of such Act, as the case may be.
(B) Any computation or determination under this paragraph shall be made in accordance with the applicable provisions of the Social Security Act, except that in computing any primary insurance amount under section 215 of such Act for purposes of determining an amount under this subsection, subparagraphs (A) and (C) of section 8421(b)(2) shall apply.
(4) A supplementary annuity under this subsection—
(A) shall be payable to a survivor only for calendar months ending before the calendar month in which such survivor first satisfies the minimum age requirement under section 202(e)(1)(B)(i) or 202(f)(1)(B)(i) of the Social Security Act, as the case may be;
(B) shall not be payable to a survivor who would not be entitled to benefits under subsection (e) or (f) of section 202 of the Social Security Act based on the wages and self-employment income of the deceased annuitant (determined, as of the date of the annuitant's death, as if the survivor had attained age 60 and made appropriate application for benefits, but without regard to any restriction under either such subsection relating to remarriage); and
(C) shall not be payable to a survivor for any calendar month in which such survivor is entitled (or would, on proper application, be entitled) to benefits under section 202(g) of the Social Security Act (relating to mother's and father's insurance benefits), or under section 202(e) or (f) of such Act by reason of having become disabled, based on the wages and self-employment income of the deceased annuitant.
(5) For the purpose of this subsection, the term "assumed CSRS annuity", as used in the case of a survivor, means the amount of the annuity to which such survivor would be entitled under subchapter III of
(A) as of the day after the date of the annuitant's death;
(B) as if the survivor had made appropriate application therefor; and
(C) as if the service of the deceased annuitant were creditable under such subchapter.
(6) An amount payable under this subsection shall be adjusted under section 8462 and shall otherwise be treated under this chapter in the same way as an amount payable under subsection (a).
(g)(1) If the widow or widower of an annuitant under section 8452 (hereinafter in this subsection referred to as a "disability annuitant") is determined under subsection (a) to be entitled to an annuity based on the service of such disability annuitant, the annuity of the widow or widower shall be equal to 50 percent of the amount determined under paragraph (2) (or one-half thereof if designated for this purpose under
(2)(A) Except as provided in subparagraph (B), the amount on which the annuity of the widow or widower of a disability annuitant is based shall be the amount of the annuity to which such disability annuitant was entitled, as computed under section 8452 (including appropriate reduction under subsection (a)(2) of such section and any adjustments under section 8462 allowed under section 8452), as of the day before the date of the disability annuitant's death.
(B)(i) In the case of a widow or widower entitled to an annuity based on the service of a disability annuitant who dies before age 62, the amount under clause (ii) shall apply instead of the amount which would otherwise apply under subparagraph (A).
(ii)(I) Subject to subclause (II), the amount of the annuity to which the disability annuitant was entitled as of the day before the date of death shall be considered to be the amount which would be computed with respect to such disability annuitant under section 8452(b) if the disability annuitant had attained age 62 on the day before date of death.
(II) For purposes of any such computation under section 8452(b)(2) pursuant to this clause, creditable service shall (in addition to the service which would otherwise be used under subparagraph (B)(i) of such section) include the period of time between date of death and the date of the sixty-second anniversary of the birth of the annuitant, and average pay shall be adjusted in accordance with subparagraph (B)(ii) of such section only through date of death.
(h) The following rules shall apply notwithstanding any other provision of this section:
(1) The annuity payable under this section to a widow or widower may not exceed the difference between—
(A) the amount of the annuity which would otherwise be payable to such widow or widower under this section; and
(B) the amount of the annuity payable to any former spouse of the deceased employee, Member, or annuitant, or former employee or Member, based on an election made under section 8417(b) or a court order previously issued or agreement previously entered into as described in section 8445(a).
(2) The amount payable under subsection (b)(1)(A) to a widow or widower may not exceed the difference between—
(A) the amount which would otherwise be payable to such widow or widower under such subsection; and
(B) the portion of such amount payable to any former spouse of the deceased employee, Member, or annuitant, or former employee or Member, based on a court order previously issued or agreement previously entered into.
(3) A lump-sum credit under subsection (c)(2) shall be subject to the same terms and conditions as apply with respect to a lump-sum credit under section 8424(b).
(Added
References in Text
The Social Security Act, referred to in subsec. (f)(3), (4), is act Aug. 14, 1935, ch. 531,
Amendments
1997—Subsec. (d)(1)(B).
Subsec. (d)(3).
1988—Subsec. (a)(1).
Subsec. (g)(1).
1986—Subsec. (c)(2)(B)(i)(I).
Effective Date of 1997 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8443. Rights of a child
(a)(1) If an employee or Member dies after completing at least 18 months of civilian service which is creditable under section 8411, or an annuitant dies, each surviving child is, for any month, entitled to an annuity equal to—
(A) the amount by which the applicable amount under paragraph (2) for such month exceeds the applicable amount under paragraph (3) for such month, divided by
(B) the number of children entitled to a payment under this section for such month.
(2) The applicable amount under this paragraph for any month is the total amount to which the surviving child or children (as the case may be) of the annuitant, employee, or Member would be entitled for such month under subchapter III of
(3) The applicable amount under this paragraph for any month is the total amount of child's insurance benefits which are payable (or would, on proper application, be payable) under title II of the Social Security Act for such month based on the wages and self-employment income of such annuitant, employee, or Member.
(b) The annuity of a child under this subchapter—
(1) commences on the day after the annuitant, employee, or Member dies;
(2) commences or resumes on the first day of the month in which the child later becomes or again becomes a student as described by section 8441(4), if any lump sum paid is returned to the Fund; or
(3) commences or resumes on the first day of the month in which the child later becomes or again becomes incapable of self-support because of a mental or physical disability incurred before age 18 (or a later recurrence of such disability), if any lump sum paid is returned to the Fund.
This annuity and the right thereto terminate on the last day of the month before the child—
(A) becomes 18 years of age unless then a student as described or incapable of self-support;
(B) becomes capable of self-support after becoming 18 years of age unless then such a student;
(C) becomes 22 years of age if then such a student and capable of self-support;
(D) ceases to be such a student after becoming 18 years of age unless then incapable of self-support; or
(E) dies or marries;
whichever occurs first. On the death of the surviving wife or husband, or former wife or husband, or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though the wife or husband, former wife or husband, or child had not survived the annuitant, employee, or Member. If the annuity of a child under this subchapter terminates under subparagraph (E) because of marriage, then, if such marriage ends, such annuity shall resume on the first day of the month in which it ends, but only if any lump sum paid is returned to the Fund, and that individual is not otherwise ineligible for such annuity.
(Added
References in Text
The Social Security Act, referred to in subsec. (a)(3), is act Aug. 14, 1935, ch. 531,
Amendments
1996—Subsec. (b).
1986—Subsec. (a)(2).
Effective Date of 1996 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8444. Rights of a named individual with an insurable interest
The annuity of a survivor named under section 8420(a) is 55 percent of the reduced annuity of the retired employee or Member determined under paragraph (2) of such section 8420(a). The annuity of the survivor commences on the day after the retired employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the survivor dies.
(Added
Section Referred to in Other Sections
This section is referred to in
§8445. Rights of a former spouse
(a) Subject to subsections (b) through (e), a former spouse of a deceased employee, Member, or annuitant (or of a former employee or Member who dies after having separated from the service with title to a deferred annuity under section 8413 but before having established a valid claim for annuity) is entitled to an annuity under this section, if and to the extent expressly provided for in an election under section 8417(b), or in the terms of any decree of divorce or annulment or any court order or court-approved property settlement agreement incident to such decree.
(b)(1) The annuity payable to a former spouse under this section may not exceed the difference between—
(A) the amount applicable in the case of such former spouse, as determined under paragraph (2); and
(B) the amount of any annuity payable under this section to any other former spouse of the employee, Member, or annuitant, or former employee or Member, based on an election previously made under section 8417(b), or a court order previously issued or agreement previously entered into as described in subsection (a).
(2) The applicable amount, for purposes of paragraph (1)(A) in the case of a former spouse, is the amount of the annuity which would be payable under the provisions of section 8442 (including subsection (f) of such section, but without regard to subsection (h) of such section) if such former spouse were a widow or widower entitled to an annuity under such provisions based on the service of the deceased employee, Member, or annuitant, or former employee or Member.
(c) The commencement and termination of an annuity payable under this section shall be governed by the terms of the applicable order, decree, agreement, or election, as the case may be, except that any such annuity—
(1) shall not commence before—
(A) the day after the employee, Member, or annuitant, or former employee or Member, dies; or
(B) the first day of the second month beginning after the date on which the Office receives written notice of the order, decree, agreement, or election, as the case may be, together with such additional information or documentation as the Office may prescribe;
whichever is later; and
(2) except as provided in subsection (h), shall terminate no later than the last day of the month before the former spouse remarries before becoming 55 years of age or dies.
(d) For purposes of this chapter, a modification in a decree, order, agreement, or election referred to in subsection (a) shall not be effective—
(1) if such modification is made after the retirement or death of the employee, Member, or annuitant, or former employee or Member, concerned; and
(2) to the extent that such modification involves an annuity under this section.
(e) For purposes of this chapter, a decree, order, agreement, or election referred to in subsection (a) shall not be effective, in the case of a former spouse, to the extent that it is inconsistent with any joint waiver previously executed with respect to such former spouse under section 8416(a).
(f)(1) Any amount under section 8442(b)(1)(A) which would otherwise be payable to a widow or widower based on the service of another individual shall be paid (in whole or in part) by the Office to a former spouse of such individual if and to the extent expressly provided for in the terms of a court decree of divorce, annulment, or legal separation, or the terms of a court order or court-approved property settlement incident to any decree of divorce, annulment, or legal separation.
(2) Paragraph (1) shall apply only to payments made by the Office after the date of receipt in the Office of written notice of such decree, order, or agreement, and such additional information and documentation as the Office may prescribe.
(g) Any payment under this section to a person bars recovery by any other person.
(h)(1) Subsection (c)(2) (to the extent that it provides for termination of a survivor annuity because of a remarriage before age 55) shall not apply if the former spouse was married for at least 30 years to the individual on whose service the survivor annuity is based.
(2) A remarriage described in paragraph (1) shall not be taken into account for purposes of section 8419(b)(1)(B) or any other provision of this chapter which the Office may by regulation identify in order to carry out the purposes of this subsection.
(Added
Amendments
1997—Subsec. (c)(2).
Subsec. (h).
Effective Date of 1997 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
SUBCHAPTER V—DISABILITY BENEFITS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§8451. Disability retirement
(a)(1)(A) An employee who completes at least 18 months of civilian service creditable under section 8411 and has become disabled shall be retired on the employee's own application or on application by the employee's agency.
(B) For purposes of this subsection, an employee shall be considered disabled only if the employee is found by the Office to be unable, because of disease or injury, to render useful and efficient service in the employee's position.
(2)(A) Notwithstanding paragraph (1), an employee shall not be eligible for disability retirement under this section if the employee has declined a reasonable offer of reassignment to a vacant position in the employee's agency for which the employee is qualified if the position—
(i) is at the same grade (or pay level) as the employee's most recent grade (or pay level) or higher;
(ii) is within the employee's commuting area; and
(iii) is one in which the employee would be able to render useful and efficient service.
(B) An employee who is applying for disability retirement under this subchapter shall be considered for reassignment by the employee's agency to a vacant position described in subparagraph (A) in accordance with such procedures as the Office shall by regulation prescribe.
(C) An employee is entitled to appeal to the Merit Systems Protection Board under section 7701 any determination that the employee is not unable, because of disease or injury, to render useful and efficient service in a position to which the employee has declined reassignment under this section.
(D) For purposes of subparagraph (A), an employee of the United States Postal Service shall not be considered qualified for a position if such position is in a different craft or if reassignment to such position would be inconsistent with the terms of a collective-bargaining agreement covering the employee.
(b) A Member who completes at least 18 months of service as a Member and is found by the Office to be disabled for useful and efficient service as a Member because of disease or injury shall be retired on the Member's own application.
(c) An employee or Member retiring under this section is entitled to an annuity computed under section 8452.
(Added
Section Referred to in Other Sections
This section is referred to in
§8452. Computation of disability annuity
(a)(1)(A) Except as provided in paragraph (2), or subsection (b), (c), or (d), the annuity of an annuitant under this subchapter—
(i) for the period beginning on the date on which such annuity commences, or is restored (as described in section 8455(b)(2) or (3)), and ending at the end of the twelfth month beginning on or after such date, shall be equal to 60 percent of the annuitant's average pay; and
(ii) after the end of the period referred to in clause (i), shall be equal to 40 percent of the annuitant's average pay.
(B) An annuity computed under this paragraph—
(i) shall not, during any period referred to in subparagraph (A)(i), be adjusted under section 8462; but
(ii) shall, after the end of any period referred to in subparagraph (A)(i), be adjusted to reflect all adjustments made under section 8462(b) after the end of the period referred to in subparagraph (A)(i), whether the amount actually payable to the annuitant under this section in any month is determined under this subsection or otherwise.
(2)(A) For any month in which an annuitant is entitled both to an annuity under this subchapter as computed under paragraph (1) and to a disability insurance benefit under section 223 of the Social Security Act, the annuitant's annuity for such month (as so computed) shall—
(i) if such month occurs during a period referred to in paragraph (1)(A)(i), be reduced by 100 percent of the annuitant's assumed disability insurance benefit for such month; or
(ii) if such month occurs other than during a period referred to in paragraph (1)(A)(i), be reduced by 60 percent of the annuitant's assumed disability insurance benefit for such month;
except that an annuity may not be reduced below zero by reason of this paragraph.
(B)(i) For purposes of this paragraph, the assumed disability insurance benefit of an annuitant for any month shall be equal to—
(I) the amount of the disability insurance benefit to which the annuitant is entitled under section 223 of the Social Security Act for the month in which the annuity under this subchapter commences, or is restored, or, if no entitlement to such disability insurance benefits exists for such month, the first month thereafter for which the annuitant is entitled both to an annuity under this subchapter and disability insurance benefits under section 223 of the Social Security Act, adjusted by
(II) all adjustments made under section 8462(b) after the end of the period referred to in paragraph (1)(A)(i) (or, if later, after the end of the month preceding the first month for which the annuitant is entitled both to an annuity under this subchapter and disability insurance benefits under section 223 of the Social Security Act) and before the start of the month involved (without regard to whether the annuitant's annuity was affected by any of those adjustments).
(ii) For purposes of applying section 224 of the Social Security Act to the assumed disability insurance benefit used to compute the reduction under this paragraph, the amount of the annuity under this subchapter which is considered shall be the amount of the annuity as determined before the application of this paragraph.
(3) Section 8462 shall apply with respect to amounts under this subsection only as provided in paragraphs (1) and (2).
(b)(1) Except as provided in subsection (d), if an annuitant is entitled to an annuity under this subchapter as of the day before the date of the sixty-second anniversary of the annuitant's birth (hereinafter in this section referred to as the annuitant's "redetermination date"), such annuity shall be redetermined by the Office in accordance with paragraph (2). Effective as of the annuitant's redetermination date, the annuity (as so redetermined) shall be in lieu of any annuity to which such annuitant would otherwise be entitled under this subchapter.
(2)(A) An annuity redetermined under this subsection shall be equal to the amount of the annuity to which the annuitant would be entitled under section 8415, taking into account the provisions of subparagraph (B).
(B) In performing a computation under this paragraph—
(i) creditable service of an annuitant shall be increased by including any period (or periods) before the annuitant's redetermination date during which the annuitant was entitled to an annuity under this subchapter; and
(ii) the average pay which would otherwise be used shall be adjusted to reflect all adjustments made under section 8462(b) with respect to any period (or periods) referred to in clause (i) (without regard to whether the annuitant's annuity was affected by any of those adjustments).
(c) Except as provided in subsection (d), the annuity of an annuitant under this subchapter shall be computed under section 8415 if—
(1) such annuity commences, or is restored, beginning on or after the redetermination date of the annuitant; or
(2) as of the day on which such annuity commences, or is restored, the annuitant satisfies the age and service requirements for entitlement to an annuity under section 8412 (other than subsection (g) of such section).
(d)(1) The annuity to which an annuitant is entitled under this section (after the reduction under subsection (a)(2), if applicable, has been made) shall not be less than the amount of an annuity computed under section 8415 (excluding subsection (f) of such section).
(2) In applying this subsection with respect to any annuitant, the amount of an annuity so computed under section 8415 shall be adjusted under section 8462 (including subsection (c) thereof)—
(A) to the same extent, and otherwise in the same manner, as if it were an annuity—
(i) subject to adjustment under such section; and
(ii) with a commencement date coinciding with the date the annuitant's annuity commenced or was restored under this subchapter, as the case may be; and
(B) whether the amount actually payable to the annuitant under this section in any month is determined under this subsection or otherwise.
(Added
References in Text
Sections 223 and 224 of the Social Security Act, referred to in subsec. (a)(2), are classified to sections 423 and 424a, respectively, of Title 42, The Public Health and Welfare.
Amendments
1988—Subsec. (a)(1)(B).
Subsec. (a)(2)(B)(i).
"(I) the amount of the disability insurance benefit to which the annuitant would have been entitled under section 223 of the Social Security Act for the month in which the annuity under this subchapter commenced, or was restored, determined as if such annuitant had then satisfied all requirements for entitlement to a benefit under such section, adjusted by
"(II) all adjustments made under section 8462(b) between the date on which the annuity commenced, or was restored, and the start of the month involved (without regard to whether the annuitant's annuity was affected by any of those adjustments).
For purposes of computing the assumed disability insurance benefit, the month in which the annuitant's disability began (as determined under section 216(i)(2)(C) of the Social Security Act) shall be the month in which the annuity commenced or, if earlier (and if a determination was actually made) the month determined under such section."
Subsec. (a)(3).
Subsec. (b).
Subsec. (d).
1986—Subsec. (b)(3).
Subsec. (d).
Effective Date of 1988 Amendment
Section 122(d) of
Section Referred to in Other Sections
This section is referred to in
§8453. Application
A claim may be allowed under this subchapter only if application is filed with the Office before the employee or Member is separated from the service or within 1 year thereafter. This time limitation may be waived by the Office for an employee or Member who, at the date of separation from service or within 1 year thereafter, is mentally incompetent if the application is filed with the Office within 1 year from the date of restoration of the employee or Member to competency or the appointment of a fiduciary, whichever is earlier.
(Added
§8454. Medical examination
An annuitant receiving a disability retirement annuity from the Fund shall be examined under the direction of the Office—
(1) at the end of 1 year from the date of the disability retirement; and
(2) annually thereafter until becoming 60 years of age;
unless the disability is permanent in character. If the annuitant fails to submit to examination as required by this section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established.
(Added
§8455. Recovery; restoration of earning capacity
(a)(1) If an annuitant receiving a disability retirement annuity from the Fund recovers from the disability before becoming 60 years of age, payment of the annuity terminates on reemployment by the Government or 1 year after the date on which the Office determines that the annuitant has recovered, whichever is earlier.
(2) If an annuitant receiving a disability annuity from the Fund, before becoming 60 years of age, is restored to an earning capacity fairly comparable to the current rate of pay of the position occupied at the time of retirement, payment of the annuity terminates 180 days after the end of the calendar year in which earning capacity is so restored. Earning capacity is deemed restored if in any calendar year the income of the annuitant from wages or self-employment or both equals at least 80 percent of the current rate of pay of the position occupied immediately before retirement.
(b)(1) If an annuitant whose annuity is terminated under subsection (a) is not reemployed in a position in which that individual is subject to this chapter, such individual is deemed, except for service credit, to have been involuntarily separated from the service for the purpose of subchapter II of this chapter as of the date of termination of the disability annuity, and after that termination is entitled to annuity under the applicable provisions of such subchapter.
(2) If an annuitant whose annuity is terminated under subsection (a)(2)—
(A) is not reemployed in a position subject to this chapter; and
(B) has not recovered from the disability for which that individual was retired;
the annuity of such individual shall be restored at the applicable rate under section 8452 effective the first of the year following any calendar year in which such individual's income from wages or self-employment or both is less than 80 percent of the current rate of pay of the position occupied immediately before retirement.
(3) If an annuitant whose annuity is terminated because of a medical finding that the individual has recovered from disability is not reemployed in a position in which such individual is subject to this chapter, the annuity of such individual shall be restored at the applicable rate under section 8452 effective from the date on which the Office determines that there has been a recurrence of the disability.
(4) Paragraphs (2) and (3) shall not apply in the case of an annuitant receiving an annuity from the Fund under subchapter II of this chapter.
(Added
Section Referred to in Other Sections
This section is referred to in
§8456. Military reserve technicians
(a)(1) Except as provided in paragraph (2) or (3), an individual shall be retired under this subchapter if the individual—
(A) is separated from employment as a military reserve technician by reason of a disability that disqualifies the individual from membership in a reserve component of the Armed Forces specified in
(B) is not considered to be disabled under section 8451(a)(1)(B);
(C) is not appointed to a position in the Government (whether under subsection (b) or otherwise); and
(D) has not declined an offer of an appointment to a position in the Government under subsection (b).
(2) Payment of any annuity for an individual pursuant to this section terminates—
(A) on the date the individual is appointed to a position in the Government (whether pursuant to subsection (b) or otherwise);
(B) on the date the individual declines an offer of appointment to a position in the Government under subsection (b); or
(C) as provided under section 8455(a).
(3) An individual eligible to retire under section 8414(c) shall not be eligible to retire under this section.
(b) Any individual applying for or receiving any annuity pursuant to this section shall, in accordance with regulations prescribed by the Office, be considered by any agency of the Government before any vacant position in the agency is filled if—
(1) the position is located within the commuting area of the individual's former position;
(2) the individual is qualified to serve in such position, as determined by the head of the agency; and
(3) the position is at the same grade or equivalent level as the position from which the individual was separated.
(Added
Prior Provisions
A prior section 8456, added
Amendments
1994—Subsec. (a)(1)(A).
1988—
1986—Subsec. (a)(1)(C), (D), (2)(A), (B).
Effective Date of 1994 Amendment
Amendment by
[§8457. Renumbered §8456]
SUBCHAPTER VI—GENERAL AND ADMINISTRATIVE PROVISIONS
Subchapter Referred to in Other Sections
This subchapter is referred to in
§8461. Authority of the Office of Personnel Management
(a) The Office shall pay all benefits that are payable under subchapter II, IV, V, or VI of this chapter from the Fund.
(b) The Office shall administer all provisions of this chapter not specifically required to be administered by the Board, the Executive Director, the Secretary of Labor, or any other officer or agency.
(c) The Office shall adjudicate all claims under the provisions of this chapter administered by the Office.
(d) The Office shall determine questions of disability and dependency arising under the provisions of this chapter administered by the Office. Except to the extent provided under subsection (e), the decisions of the Office concerning these matters are final and conclusive and are not subject to review. The Office may direct at any time such medical or other examinations as it considers necessary to determine the facts concerning disability or dependency of an individual receiving or applying for annuity under the provisions of this chapter administered by the Office. The Office may suspend or deny annuity for failure to submit to examination.
(e)(1) Subject to paragraph (2), an administrative action or order affecting the rights or interests of an individual or of the United States under the provisions of this chapter administered by the Office may be appealed to the Merit Systems Protection Board under procedures prescribed by the Board.
(2) In the case of any individual found by the Office to be disabled in whole or in part on the basis of the individual's mental condition, and that finding was made pursuant to an application by an agency for purposes of disability retirement under section 8451, the procedures under section 7701 shall apply and the decision of the Board shall be subject to judicial review under section 7703.
(f) The Office shall fix the fees for examinations made under subchapter V of this chapter by physicians or surgeons who are not medical officers of the United States. The fees and reasonable traveling and other expenses incurred in connection with the examinations are paid from appropriations for the cost of administering the provisions of this chapter administered by the Office.
(g) The Office may prescribe regulations to carry out the provisions of this chapter administered by the Office.
(h)(1) Each Government agency shall furnish the Director with such information as the Director determines necessary in order to administer this chapter.
(2) The Director, in consultation with the officials from whom such information is requested, shall establish (by regulation or otherwise) such safeguards as are necessary to ensure that information made available under this subsection is used only for the purpose authorized.
(i) In making a determination of "actuarial equivalence" under this chapter, the economic assumptions used shall be the same as the economic assumptions most recently used by the Office (before the determination of actuarial equivalence involved) in determining the normal-cost percentage of the System.
(j)(1) Notwithstanding any other provision of this chapter, the Director of Central Intelligence shall, in a manner consistent with the administration of this chapter by the Office, and to the extent considered appropriate by the Director of Central Intelligence—
(A) determine entitlement to benefits under this chapter based on the service of employees of the Central Intelligence Agency;
(B) maintain records relating to the service of such employees;
(C) compute benefits under this chapter based on the service of such employees;
(D) collect deposits to the Fund made by such employees, their spouses, their former spouses, and their survivors;
(E) authorize and direct disbursements from the Fund to the extent based on service of such employees; and
(F) perform such other functions under this chapter (other than under subchapters III and VII of this chapter) with respect to employees of the Central Intelligence Agency as the Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management, determines to be appropriate.
(2) The Director of the Office of Personnel Management shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence requests to carry out paragraph (1).
(k)(1) The Director of Central Intelligence, in consultation with the Executive Director of the Federal Retirement Thrift Investment Board, may—
(A) maintain exclusive records relating to elections, contributions, and accounts under the Thrift Savings Plan provided in subchapter III of this chapter in the case of employees of the Central Intelligence Agency;
(B) provide that contributions by, or on behalf of, such employees to the Thrift Savings Plan be accounted for by such Executive Director in aggregate amounts;
(C) make the necessary disbursements from, and the necessary allocations of earnings, losses, and charges to, individual accounts of such employees under the Thrift Savings Plan; and
(D) perform such other functions under subchapters III and VII of this chapter (but not including investing sums in the Thrift Savings Fund) with respect to employees of the Central Intelligence Agency as the Director of Central Intelligence, in consultation with the Executive Director of the Federal Retirement Thrift Investment Board, determines to be appropriate.
(2) The Executive Director of the Federal Retirement Thrift Investment Board may not exercise authority under this chapter in the case of employees of the Central Intelligence Agency to the extent that the Director of Central Intelligence exercises authority provided in paragraph (1).
(3) The Executive Director of the Federal Retirement Thrift Investment Board shall furnish such information and, on a reimbursable basis, such services to the Director of Central Intelligence as the Director of Central Intelligence determines necessary to carry out this subsection.
(l) Subsection (h)(1), and sections 8439(b) and 8474(c)(4), shall be applied with respect to information relating to employees of the Central Intelligence Agency in a manner that protects intelligence sources, methods, and activities.
(m)(1) The Director of Central Intelligence, in consultation with the Director of the Office of Personnel Management and the Executive Director of the Federal Retirement Thrift Investment Board, shall by regulation prescribe appropriate procedures to carry out subsections (j), (k), and (l).
(2) The regulations shall provide procedures for the Director of the Office of Personnel Management to inspect and audit disbursements from the Fund under this chapter.
(3) The Director of Central Intelligence shall submit the regulations prescribed under paragraph (1) to the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives before the regulations take effect.
(n)(1) Under regulations prescribed by the Office, an employee who—
(A) has not previously made an election under this subsection or had an opportunity to make an election under this paragraph;
(B) has 5 or more years of civilian service creditable under this chapter; and
(C) moves, without a break in service of more than 1 year, to employment in a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard, respectively, described in section 2105(c),
shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered as an employee under this chapter during any employment described in section 2105(c) after such move.
(2) Under regulations prescribed by the Office, an employee of a nonappropriated fund instrumentality of the Department of Defense or the Coast Guard described in section 2105(c), who—
(A) has not previously made an election under this subsection or had an opportunity to make an election under this paragraph;
(B) is a vested participant in a retirement system established for employees described in section 2105(c), as the term "vested participant" is defined by such system;
(C) moves, without a break in service of more than 1 year, to a position that is not described by section 2105(c); and
(D) is not eligible to make an election under section 8347(q),
shall be given the opportunity to elect irrevocably, within 30 days after such move, to remain covered, during any subsequent employment as an employee as defined by section 2105(a) or section 2105(c), by the retirement system applicable to such employee's current or most recent employment described by section 2105(c) rather than be subject to this chapter.
(Added
Amendments
1996—Subsec. (n)(1).
Subsec. (n)(2)(C).
1992—Subsec. (n)(1)(A), (2)(A).
Subsec. (n)(2)(D).
1990—Subsec. (n).
1986—Subsec. (m)(2).
Effective Date of 1996 Amendment
For effective date of amendments by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Regulations; Effective Date of 1996 Amendment
For provisions relating to promulgation of regulations necessary to carry out amendment by
Treatment of Individuals Electing To Remain Subject to Their Former Retirement System
For provisions relating to the deductions and contributions required with respect to individuals electing under
Section Referred to in Other Sections
This section is referred to in
§8462. Cost-of-living adjustments
(a) For the purpose of this section—
(1) the term "base quarter", as used with respect to a year, means the calendar quarter ending on September 30 of such year;
(2) the price index for a base quarter is the arithmetical mean of such index for the 3 months comprising such quarter; and
(3) the term "percent change in the price index", as used with respect to a year, means the percentage derived by—
(A) reducing—
(i) the price index for the base quarter of such year, by
(ii) the price index for the base quarter of the preceding year in which an adjustment under this subsection was made;
(B) dividing the difference under subparagraph (A) by the price index referred to in subparagraph (A)(ii); and
(C) multiplying the quotient under subparagraph (B) by 100.
(b)(1) Except as provided in subsection (c), effective December 1 of any year in which an adjustment under this subsection is to be made, as determined under paragraph (2), each annuity payable from the Fund under this chapter (other than an annuity under section 8443) having a commencing date not later than such December 1 shall be adjusted as follows:
(A) If the percent change in the price index for the year does not exceed 3 percent, each annuity subject to adjustment under this subsection shall be increased by the lesser of—
(i) the percent change in the price index (rounded to the nearest one-tenth of 1 percent); or
(ii) 2 percent.
(B) If the percent change in the price index for the year exceeds 3 percent, each annuity subject to adjustment under this subsection shall be increased by the excess of—
(i) the percent change in the price index (rounded to the nearest one-tenth of 1 percent), over
(ii) 1 percent.
(2) An adjustment under this subsection shall be made in a year only if the price index for the base quarter of such year exceeds the price index for the base quarter of the preceding year in which an adjustment under this subsection was made.
(3) An annuity under this chapter shall not be subject to adjustment under section 8340. Nothing in the preceding sentence shall affect the computation of any amount under section 8443(a)(2).
(c) Eligibility for an annuity increase under this section is governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows:
(1) The first increase (if any) made under subsection (b) to an annuity which is payable from the Fund to an annuitant or survivor (other than a child under section 8443) whose annuity has not been increased under this subsection or subsection (b) shall be equal to the product (adjusted to the nearest one-tenth of 1 percent) of—
(A) one-twelfth of the applicable percent change computed under subsection (b), multiplied by
(B) the number of months (not to exceed 12 months, counting any portion of a month as a month)—
(i) for which the annuity was payable from the Fund before the effective date of the increase; or
(ii) in the case of a survivor of a deceased annuitant whose annuity has not been so increased, since the annuity was first payable to the deceased annuitant.
(2) Effective from its commencing date, an annuity payable from the Fund to an annuitant's survivor (other than a widow or widower whose annuity is computed under section 8442(g) or a child under section 8443) shall be increased by the total percentage by which the deceased annuitant's annuity had been increased under this section during the period beginning on the date the deceased annuitant's annuity commenced and ending on the date of the deceased annuitant's death.
(3)(A) An adjustment under subsection (b) for any year shall not be effective with respect to the annuity of an annuitant who is under 62 years of age as of the date on which such adjustment would otherwise first take effect.
(B)(i) Except as provided in clause (ii), this paragraph applies only with respect to an annuitant under section 8412, 8413, or 8414.
(ii) This paragraph does not apply with respect to an annuitant under subsection (d) or (e) of section 8412 or (in the case of an annuitant separated from service as a military reserve technician as a result of disability) under section 8414(c).
(4) The first increase (if any) made under subsection (b) to an annuity which is payable from the Fund to a widow or widower whose annuity is computed under section 8442(g) shall be equal to the product (adjusted to the nearest one-tenth of 1 percent) of—
(A) one-twelfth of the applicable percent change computed under subsection (b), multiplied by
(B) the number of months (not to exceed 12 months, counting any portion of a month as a month) since—
(i) the effective date of the adjustment last made under this section in the annuity of the annuitant on whose service on the widow's or widower's annuity is based; or
(ii) if the annuity of the annuitant (referred to in clause (i)) has not been increased under this section, the commencement date of such annuitant's annuity (determined subject to section 8452(a)(1)(B)).
(d) The monthly installment of an annuity after adjustment under this section shall be rounded to the next lowest dollar. However, the monthly installment shall, after adjustment, reflect an increase of at least $1.
(e) The $15,000 amount referred to in section 8442(b)(1)(A)(ii) shall be increased at the same time that, and by the same percent as the percentage by which, annuities under subchapter III of
(Added
Amendments
1986—Subsec. (b)(3).
Delay in Cost-of-Living Adjustments During Fiscal Years 1994, 1995, and 1996
Any cost-of-living increase scheduled to take effect during fiscal year 1994, 1995, or 1996 under subsec. (b) of this section delayed until first day of third calendar month after date such increase would otherwise take effect, see section 11001 of
Section Referred to in Other Sections
This section is referred to in
§8463. Rate of benefits
Each annuity payable from the Fund is stated as an annual amount, one-twelfth of which, rounded to the next lower dollar, constitutes the monthly rate payable on the first business day of the first month beginning after the month for which it has accrued.
(Added
§8464. Commencement and termination of annuities of employees and Members
(a)(1) Except as otherwise provided in this chapter—
(A) an annuity payable from the Fund commences on the first day of the month after—
(i) separation from the service, in the case of an employee or Member retiring under section 8412, or subsection (a) or (b)(1)(B) of section 8414; or
(ii) pay ceases, and the applicable age and service requirements are met, in the case of an employee or Member retiring under section 8413;
(B) an annuity payable from the Fund commences on the day after separation from the service in the case of an employee retiring under subsection (b)(1)(A) or (c) of section 8414; and
(C) an annuity payable from the Fund commences on the day after separation from the service or the day after pay ceases and the requirements for title to an annuity are met in the case of an employee or Member retiring under section 8451.
(2) Notwithstanding paragraph (1)(A)(i), an annuity payable from the Fund commences on the day after separation from the service in the case of an employee or Member—
(A) who retires under section 8412; and
(B) whose separation occurs upon the expiration of a term (or other period) for which the individual was appointed or elected.
(b) Except as otherwise provided in this chapter, the annuity of an annuitant under subchapter II or V of this chapter terminates on the date death or other terminating event occurs.
(Added
Amendments
1999—Subsec. (a)(1)(A)(i).
1998—Subsec. (a)(1)(A)(i).
§8464a. Relationship between annuity and workers' compensation
(a)(1) An individual is not entitled to receive—
(A) an annuity under subchapter II or V, and
(B) compensation for injury to, or disability of, such individual under subchapter I of
covering the same period of time.
(2) An individual is not entitled to receive an annuity under subchapter IV and a concurrent benefit under subchapter I of
(3) Paragraphs (1) and (2) do not bar the right of a claimant to the greater benefit conferred by either this chapter or subchapter I of
(b) If an individual is entitled to an annuity under subchapter II, IV, or V, and the individual receives a lump-sum payment for compensation under section 8135 based on the disability or death of the same person, so much of the compensation as has been paid for a period extended beyond the date payment of the annuity commences, as determined by the Department of Labor, shall be refunded to that Department for credit to the Employees' Compensation Fund. Before the individual may receive the annuity, the individual shall—
(1) refund to the Department of Labor the amount representing the commuted compensation payments for the extended period; or
(2) authorize the deduction of the amount from the annuity.
Deductions from the annuity may be made from accrued or accruing payments. The amounts deducted and withheld from the annuity shall be transmitted to the Department of Labor for reimbursement to the Employees' Compensation Fund. When the Department of Labor finds that the financial circumstances of an individual entitled to an annuity under subchapter II, IV, or V warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as the Department determines appropriate.
(Added
Prior Provisions
Provisions similar to this section were contained in
Effective Date
Section effective Jan. 1, 1987, and applicable with respect to benefits payable based on a death or disability occurring on or after that date, see section 124(c) of
§8465. Waiver, allotment, and assignment of benefits
(a) An individual entitled to an annuity payable from the Fund may decline to accept all or any part of the amount of the annuity by a waiver signed and filed with the Office. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver is in effect.
(b) An individual entitled to an annuity payable from the Fund may make allotments or assignments of amounts from the annuity for such purposes as the Office considers appropriate.
(Added
Section Referred to in Other Sections
This section is referred to in
§8466. Application for benefits
(a) No payment of benefits based on the service of an employee or Member shall be made from the Fund unless an application for payment of the benefits is received by the Office before the one hundred and fifteenth anniversary of the birth of the employee or Member.
(b) Notwithstanding subsection (a), after the death of an employee, Member, or annuitant, or former employee or Member, a benefit based on the service of such employee, Member, or annuitant, or former employee or Member, shall not be paid under subchapter II or IV of this chapter unless an application therefor is received by the Office within 30 years after the death or other event which establishes the entitlement to the benefit.
(c) Payment due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person who is constituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. If a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the claimant, payment may be made to any person who, in the judgment of the Office, is responsible for the care of the claimant, and the payment bars recovery by any other person.
(Added
§8467. Court orders
(a) Payments under this chapter which would otherwise be made to an employee, Member, or annuitant (including an employee, Member, or annuitant as defined in section 8331) based on service of that individual shall be paid (in whole or in part) by the Office or the Executive Director, as the case may be, to another person if and to the extent expressly provided for in the terms of—
(1) any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation; or
(2) any court order or other similar process in the nature of garnishment for the enforcement of a judgment rendered against such employee, Member, or annuitant, for physically, sexually, or emotionally abusing a child.
In the event that the Office or the Executive Director, as the case may be, is served with more than 1 decree, order, or other legal process with respect to the same moneys due or payable to any individual, such moneys shall be available to satisfy such processes on a first-come, first-served basis, with any such process being satisfied out of such moneys as remain after the satisfaction of all such processes which have been previously served.
(b) Subsection (a) shall apply only to payments made by the Office or the Executive Director under this chapter after the date on which the Office or the Executive Director (as the case may be) receives written notice of such decree, order, other legal process, or agreement, and such additional information and documentation as the Office or the Executive Director may require.
(c) For the purpose of this section—
(1) the term "judgment rendered for physically, sexually, or emotionally abusing a child" means any legal claim perfected through a final enforceable judgment, which claim is based in whole or in part upon the physical, sexual, or emotional abuse of a child, whether or not that abuse is accompanied by other actionable wrongdoing, such as sexual exploitation or gross negligence; and
(2) the term "child" means an individual under 18 years of age.
(Added
Amendments
1994—Subsec. (a).
Subsec. (b).
Subsec. (c).
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8468. Annuities and pay on reemployment
(a) If an annuitant, except a disability annuitant whose annuity is terminated because of the annuitant's recovery or restoration of earning capacity, becomes employed in an appointive or elective position, an amount equal to the annuity allocable to the period of actual employment shall be deducted from the annuitant's pay, except for lump-sum leave payment purposes under section 5551. Unless the annuitant's appointment is on an intermittent basis or is to a position as a justice or judge (as defined by
(b)(1)(A) If an annuitant subject to deductions under the second sentence of subsection (a) serves on a full-time basis for at least 1 year, or on a part-time basis for periods equivalent to at least 1 year of full-time service, the annuitant's annuity on termination of reemployment shall be increased by an annuity computed under section 8415(a) through (g) as may apply based on the period of reemployment and the basic pay, before deduction, averaged during the reemployment.
(B)(i) If the annuitant is receiving a reduced annuity as provided in section 8419, the increase in annuity payable under subparagraph (A) is reduced by 10 percent and the survivor annuity or combination of survivor annuities payable under section 8442 or 8445 (or both) is increased by 50 percent of the increase in annuity payable under subparagraph (A), unless, at the time of claiming the increase payable under subparagraph (A), the annuitant notifies the Office in writing that the annuitant does not desire the survivor annuity to be increased.
(ii) If an annuitant who is subject to the deductions referred to in subparagraph (A) dies while still reemployed, after having been reemployed for not less than 1 year of full-time service (or the equivalent thereof, in the case of full-time 1 employment), the survivor annuity payable is increased as though the reemployment had otherwise terminated.
(2)(A) If an annuitant subject to deductions under the second sentence of subsection (a) serves on a full-time basis for at least 5 years, or on a part-time basis for periods equivalent to at least 5 years of full-time service, the annuitant may elect, instead of the benefit provided by paragraph (1), to have such annuitant's rights redetermined under this chapter.
(B) If an annuitant who is subject to the deductions referred to in subparagraph (A) dies while still reemployed, after having been reemployed for at least 5 years of full-time service (or the equivalent thereof in the case of part-time employment), any person entitled to a survivor annuity under section 8442 or 8445 based on the service of such annuitant shall be permitted to elect, in accordance with regulations prescribed by the Office of Personnel Management, to have such person's rights under subchapter IV redetermined. A redetermined survivor annuity elected under this subparagraph shall be in lieu of an increased annuity which would otherwise be payable in accordance with paragraph (1)(B)(ii).
(3) If an annuitant subject to deductions under the second sentence of subsection (a) serves on a full-time basis for a period of less than 1 year, or on a part-time basis for periods equivalent to less than 1 year of full-time service, the total amount withheld under section 8422(a) from the annuitant's basic pay for the period or periods involved shall, upon written application to the Office, be payable to the annuitant (or the appropriate survivor or survivors, determined in the order set forth in section 8424(d)).
(c) This section does not apply to an individual appointed to serve as a Governor of the Board of Governors of the United States Postal Service.
(d) If an annuitant becomes employed as a justice or judge of the United States, as defined by
(e) A reference in this section to an "annuity" shall not be considered to include any amount payable from a source other than the Fund.
(f)(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).
(g)(1) If warranted by circumstances described in subsection (f)(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 (f) 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
(h)(1) If warranted by circumstances described in subsection (f)(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 (f) 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.
(4) For the purpose of this subsection, "agency in the legislative branch", "employee of the House of Representatives", "employee of the Senate", and "congressional employee" each has the meaning given to it in
(i)(1) For the purpose of subsections (f) through (h), "Executive agency" shall not include the General Accounting Office.
(2) An employee as to whom a waiver under subsection (f), (g), or (h) is in effect shall not be considered an employee for purposes of this chapter or
(Added
Amendments
1997—Subsec. (b)(1)(A).
Subsec. (h)(2)(B), (3).
1992—Subsec. (f).
1991—Subsec. (f)(3).
Subsecs. (g) to (i).
1990—Subsec. (f).
1988—
Change of Name
Committee on House Oversight of House of Representatives changed to Committee on House Administration of House of Representatives by House Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Section 134(d) of
"(1)
"(2)
Annual Report to Congress
Each agency in legislative branch to submit to Speaker of House of Representatives and Committee on Rules and Administration of Senate, for each calendar year, a written report on how authority made available as result of amendment by
Section Referred to in Other Sections
This section is referred to in title 2 section 61h–6; title 20 section 4512; title 22 section 4064; title 39 section 1005.
1 So in original. Probably should be "part-time".
§8469. Withholding of State income taxes
(a) The Office shall, in accordance with this section, enter into an agreement with any State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the Office shall withhold State income tax in the case of the monthly annuity of any annuitant who voluntarily requests, in writing, such withholding. The amounts withheld during any calendar quarter shall be held in the Fund and disbursed to the States during the month following that calendar quarter.
(b) An annuitant may have in effect at any time only one request for withholding under this section, and an annuitant may not have more than two such requests in effect during any one calendar year.
(c) Subject to subsection (b), an annuitant may change the State designated by that annuitant for purposes of having withholdings made, and may request that the withholdings be remitted in accordance with such change. An annuitant also may revoke any request of that annuitant for withholding. Any change in the State designated or revocation is effective on the first day of the month after the month in which the request or the revocation is processed by the Office, but in no event later than on the first day of the second month beginning after the day on which such request or revocation is received by the Office.
(d) This section does not give the consent of the United States to the application of a statute which imposes more burdensome requirements on the United States than on employers generally, or which subjects the United States or any annuitant to a penalty or liability because of this section. The Office may not accept pay from a State for services performed in withholding State income taxes from annuities. Any amount erroneously withheld from an annuity and paid to a State by the Office shall be repaid by the State in accordance with regulations issued by the Office.
(e) For the purpose of this section—
(1) the term "State" means a State, the District of Columbia, or any territory or possession of the United States; and
(2) the term "annuitant" includes a survivor who is receiving an annuity from the Fund.
(Added
Section Referred to in Other Sections
This section is referred to in
§8470. Exemption from legal process; recovery of payments
(a) An amount payable under subchapter II, IV, or V of this chapter is not assignable, either in law or equity, except under the provisions of section 8465 or 8467, or subject to execution, levy, attachment, garnishment or other legal process, except as otherwise may be provided by Federal laws.
(b) Recovery of payments under subchapter II, IV, or V of this chapter may not be made from an individual when, in the judgment of the Office, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money paid under subchapter II, IV, or V of this chapter on account of a certification or payment made by a former employee of the United States in the discharge of his official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Office that the certification or payment involved fraud on the part of the former employee.
(Added
SUBCHAPTER VII—FEDERAL RETIREMENT THRIFT INVESTMENT MANAGEMENT SYSTEM
Subchapter Referred to in Other Sections
This subchapter is referred to in
§8471. Definitions
For the purposes of this subchapter—
(1) the term "beneficiary" means an individual (other than a participant) entitled to payment from the Thrift Savings Fund under subchapter III of this chapter;
(2) the term "Council" means the Employee Thrift Advisory Council established under
(3) the term "participant" means an individual for whom an account has been established under
(4) the term "person" means an individual, partnership, joint venture, corporation, mutual company, joint-stock company, trust, estate, unincorporated organization, association, or labor organization; and
(5) the term "Thrift Savings Fund" means the Thrift Savings Fund established under
(Added
Effective Date
Subchapter VII effective June 6, 1986, see section 702(b)(1) of
Section Referred to in Other Sections
This section is referred to in
§8472. Federal Retirement Thrift Investment Board
(a) There is established in the Executive branch of the Government a Federal Retirement Thrift Investment Board.
(b) The Board shall be composed of—
(1) 3 members appointed by the President, of whom 1 shall be designated by the President as Chairman; and
(2) 2 members appointed by the President, of whom—
(A) 1 shall be appointed by the President after taking into consideration the recommendation made by the Speaker of the House of Representatives in consultation with the minority leader of the House of Representatives; and
(B) 1 shall be appointed by the President after taking into consideration the recommendation made by the majority leader of the Senate in consultation with the minority leader of the Senate.
(c) Except as provided in section 311 of the Federal Employees' Retirement System Act of 1986, appointments under subsection (a) shall be made by and with the advice and consent of the Senate.
(d) Members of the Board shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans.
(e)(1) Except as provided in section 311 of the Federal Employees' Retirement System Act of 1986, a member of the Board shall be appointed for a term of 4 years, except that of the members first appointed (other than the members appointed under such section)—
(A) the Chairman shall be appointed for a term of 4 years;
(B) the members appointed under subsection (b)(2) shall be appointed for terms of 3 years; and
(C) the remaining members shall be appointed for terms of 2 years.
(2)(A) A vacancy on the Board shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment.
(B) An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.
(3) The term of any member shall not expire before the date on which the member's successor takes office.
(f) The Board shall—
(1) establish policies for—
(A) the investment and management of the Thrift Savings Fund; and
(B) the administration of subchapter III of this chapter;
(2) review the performance of investments made for the Thrift Savings Fund; and
(3) review and approve the budget of the Board.
(g)(1) The Board may—
(A) adopt, alter, and use a seal;
(B) except as provided in paragraph (2), direct the Executive Director to take such action as the Board considers appropriate to carry out the provisions of this subchapter and subchapter III of this chapter and the policies of the Board;
(C) upon the concurring votes of four members, remove the Executive Director from office for good cause shown; and
(D) take such other actions as may be necessary to carry out the functions of the Board.
(2) Except in the case of investments required by
(h) The members of the Board shall discharge their responsibilities solely in the interest of participants and beneficiaries under this subchapter and subchapter III of this chapter.
(i) The Board shall prepare and submit to the President, and, at the same time, to the appropriate committees of Congress, an annual budget of the expenses and other items relating to the Board which shall be included as a separate item in the budget required to be transmitted to the Congress under
(j) The Board may submit to the President, and, at the same time, shall submit to each House of the Congress, any legislative recommendations of the Board relating to any of its functions under this title or any other provision of law.
(Added
References in Text
Section 311 of the Federal Employees' Retirement System Act of 1986 [
Amendments
1986—Subsecs. (i), (j).
Effective Date of 1986 Amendment
Amendment by
Initial Appointments to Federal Retirement Thrift Investment Board
Section 311 of
"(a)
"(b)
Authorization of Appropriations for Certain Expenses of Federal Retirement Thrift Investment Management System
Section 701 of
"(a)
"(b)
Section Referred to in Other Sections
This section is referred to in
§8473. Employee Thrift Advisory Council
(a) The Board shall establish an Employee Thrift Advisory Council. The Council shall be composed of 14 members appointed by the Chairman of the Board in accordance with subsection (b).
(b) The Chairman shall appoint 14 members of the Council, of whom—
(1) 4 shall be appointed to represent the respective labor organizations representing (as exclusive representatives) the first, second, third, and fourth largest numbers of individuals subject to
(2) 2 shall be appointed to represent the respective labor organizations which have been accorded exclusive recognition under
(3) 1 shall be appointed to represent the labor organization which has been accorded exclusive recognition under
(4) 2 shall be appointed to represent the respective managerial organizations (other than an organization described in paragraph (5)) which consult with the United States Postal Service under
(5) 1 shall be appointed to represent the supervisors' organization as defined in
(6) 1 shall be appointed to represent employee organizations having as a purpose promoting the interests of women in Government service;
(7) 1 shall be appointed to represent the organization representing the largest number of individuals receiving annuities under this chapter or
(8) 1 shall be appointed to represent the organization representing the largest number of supervisors and management officials (as defined by section 7103(a)); and
(9) 1 shall be appointed to represent the organization representing the largest number of members of the Senior Executive Service.
(c)(1) The Chairman of the Board shall designate 1 member of the Council to serve as head of the Council.
(2) A member of the Council shall be appointed for a term of 4 years.
(3)(A) A vacancy in the Council shall be filled in the manner in which the original appointment was made and shall be subject to any conditions which applied with respect to the original appointment.
(B) An individual chosen to fill a vacancy shall be appointed for the unexpired term of the member replaced.
(C) The term of any member shall not expire before the date on which the member's successor takes office.
(d) The Council shall act by resolution of a majority of the members.
(e) The Council shall—
(1) advise the Board and the Executive Director on matters relating to—
(A) investment policies for the Thrift Savings Fund; and
(B) the administration of this subchapter and subchapter III of this chapter; and
(2) perform such other duties as the Board may direct with respect to investment funds established in accordance with subchapter III of this chapter.
(f) Section 14(a)(2) of the Federal Advisory Committee Act shall not apply to the Council.
(Added
Contingent Amendment of Section
(1) in subsection (a), by striking "14 members" and inserting "15 members"; and
(2) in subsection (b)—
(A) by striking "14 members" and inserting "15 members";
(B) by striking "and" at the end of paragraph (8);
(C) by striking the period at the end of paragraph (9) and inserting "; and"; and
(D) by adding at the end the following:
(10) 1 shall be appointed to represent participants (under section 8440e) who are members of the uniformed services.
References in Text
Section 14(a)(2) of the Federal Advisory Committee Act [
Amendments
1993—Subsec. (b)(8).
Effective Date of 1999 Amendment
Amendment by
Effective Date of 1993 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8474. Executive Director
(a)(1) The Board shall appoint, without regard to the provisions of law governing appointments in the competitive service, an Executive Director by action agreed to by a majority of the members of the Board.
(2) The Executive Director shall have substantial experience, training, and expertise in the management of financial investments and pension benefit plans.
(b) The Executive Director shall—
(1) carry out the policies established by the Board;
(2) invest and manage the Thrift Savings Fund in accordance with the investment policies and other policies established by the Board;
(3) purchase annuity contracts and provide for the payment of other benefits under subchapter III of this chapter;
(4) administer the provisions of this subchapter and subchapter III of this chapter;
(5) prescribe such regulations (other than regulations relating to fiduciary responsibilities) as may be necessary for the administration of this subchapter and subchapter III of this chapter; and
(6) meet from time to time with the Council upon request of the Council.
(c) The Executive Director may—
(1) prescribe such regulations as may be necessary to carry out the responsibilities of the Executive Director under this section, other than regulations relating to fiduciary responsibilities;
(2) appoint such personnel as may be necessary to carry out the provisions of this subchapter and subchapter III of this chapter;
(3) subject to approval by the Board, procure the services of experts and consultants under
(4) secure directly from an Executive agency, the United States Postal Service, or the Postal Rate Commission any information necessary to carry out the provisions of this subchapter or subchapter III of this chapter and policies of the Board;
(5) make such payments out of sums in the Thrift Savings Fund as the Executive Director determines are necessary to carry out the provisions of this subchapter and subchapter III of this chapter and the policies of the Board;
(6) pay the compensation, per diem, and travel expenses of individuals appointed under paragraphs (2), (3), and (7) of this subsection from the Thrift Savings Fund;
(7) accept and use the services of individuals employed intermittently in the Government service and reimburse such individuals for travel expenses, as authorized by
(8) except as otherwise expressly prohibited by law or the policies of the Board, delegate any of the Executive Director's functions to such employees under the Board as the Executive Director may designate and authorize such successive redelegations of such functions to such employees under the Board as the Executive Director may consider to be necessary or appropriate; and
(9) take such other actions as are appropriate to carry out the functions of the Executive Director.
(Added
References in Text
The provisions of law governing appointments in the competitive service, referred to in subsec. (a)(1), are classified generally to
Section Referred to in Other Sections
This section is referred to in
§8475. Investment policies
The Board shall develop investment policies under
(1) prudent investments suitable for accumulating funds for payment of retirement income; and
(2) low administrative costs.
(Added
§8476. Administrative provisions
(a) The Board shall meet—
(1) not less than once during each month; and
(2) at additional times at the call of the Chairman.
(b)(1) Except as provided in
(2) A vacancy on the Board shall not impair the authority of a quorum of the Board to perform the functions and exercise the powers of the Board.
(c) Three members of the Board shall constitute a quorum for the transaction of business.
(d)(1) Each member of the Board who is not an officer or employee of the Federal Government shall be compensated at the daily rate of basic pay for level IV of the Executive Schedule for each day during which such member is engaged in performing a function of the Board.
(2) A member of the Board shall be paid travel, per diem, and other necessary expenses under subchapter I of
(3) Payments authorized under this subsection shall be paid from the Thrift Savings Fund.
(e) The accrued annual leave of any employee who is a member of the Board or the Council shall not be charged for any time used in performing services for the Board or the Council.
(Added
References in Text
Level IV of the Executive Schedule, referred to in subsec. (d)(1), is set out in
Amendments
1990—Subsec. (d)(1).
Effective Date of 1990 Amendment
Amendment by
§8477. Fiduciary responsibilities; liability and penalties
(a) For the purposes of this section—
(1) the term "account" is not limited by the definition provided in section 8401(1);
(2) the term "adequate consideration" means—
(A) in the case of a security for which there is a generally recognized market—
(i) the price of the security prevailing on a national securities exchange which is registered under section 6 of the Securities Exchange Act of 1934; or
(ii) if the security is not traded on such a national securities exchange, a price not less favorable to the Thrift Savings Fund than the offering price for the security as established by the current bid and asked prices quoted by persons independent of the issuer and of any party in interest; and
(B) in the case of an asset other than a security for which there is a generally recognized market, the fair market value of the asset as determined in good faith by a fiduciary or fiduciaries in accordance with regulations prescribed by the Secretary of Labor;
(3) the term "fiduciary" means—
(A) a member of the Board;
(B) the Executive Director;
(C) any person who has or exercises discretionary authority or discretionary control over the management or disposition of the assets of the Thrift Savings Fund; and
(D) any person who, with respect to the Thrift Savings Fund, is described in section 3(21)(A) of the Employee Retirement Income Security Act of 1974 (
(4) the term "party in interest" includes—
(A) any fiduciary;
(B) any counsel to a person who is a fiduciary, with respect to the actions of such person as a fiduciary;
(C) any participant;
(D) any person providing services to the Board and, with respect to the actions of the Executive Director as a fiduciary any person providing services to the Executive Director;
(E) a labor organization, the members of which are participants;
(F) a spouse, sibling, ancestor, lineal descendant, or spouse of a lineal descendant of a person described in subparagraph (A), (B), or (D);
(G) a corporation, partnership, or trust or estate of which, or in which, at least 50 percent of—
(i) the combined voting power of all classes of stock entitled to vote or the total value of shares of all classes of stock of such corporation;
(ii) the capital interest or profits interest of such partnership; or
(iii) the beneficial interest of such trust or estate,
is owned directly or indirectly, or held by a person described in subparagraph (A), (B), (D), or (E);
(H) an official (including a director) of, or an individual employed by, a person described in subparagraph (A), (B), (D), (E), or (G), or an individual having powers or responsibilities similar to those of such an official;
(I) a holder (directly or indirectly) of at least 10 percent of the shares in a person described in any subparagraph referred to in subparagraph (H); and
(J) a person who, directly or indirectly, is at least a 10 percent partner or joint venturer (measured in capital or profits) in a person described in any subparagraph referred to in subparagraph (H).
(b)(1) To the extent not inconsistent with the provisions of this chapter and the policies prescribed by the Board, a fiduciary shall discharge his responsibilities with respect to the Thrift Savings Fund or applicable portion thereof solely in the interest of the participants and beneficiaries and—
(A) for the exclusive purpose of—
(i) providing benefits to participants and their beneficiaries; and
(ii) defraying reasonable expenses of administering the Thrift Savings Fund or applicable portions thereof;
(B) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent individual acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like objectives; and
(C) to the extent permitted by
(2) No fiduciary may maintain the indicia of ownership of any assets of the Thrift Savings Fund outside the jurisdiction of the district courts of the United States.
(c)(1) A fiduciary shall not permit the Thrift Savings Fund to engage in any of the following transactions, except in exchange for adequate consideration:
(A) A transfer of any assets of the Thrift Savings Fund to any person the fiduciary knows or should know to be a party in interest or the use of such assets by any such person.
(B) An acquisition of any property from or sale of any property to the Thrift Savings Fund by any person the fiduciary knows or should know to be a party in interest.
(C) A transfer or exchange of services between the Thrift Savings Fund and any person the fiduciary knows or should know to be a party in interest.
(2) Notwithstanding paragraph (1), a fiduciary with respect to the Thrift Savings Fund shall not—
(A) deal with any assets of the Thrift Savings Fund in his own interest or for his own account;
(B) act, in an individual capacity or any other capacity, in any transaction involving the Thrift Savings Fund on behalf of a party, or representing a party, whose interests are adverse to the interests of the Thrift Savings Fund or the interests of its participants or beneficiaries; or
(C) receive any consideration for his own personal account from any party dealing with sums credited to the Thrift Savings Fund in connection with a transaction involving assets of the Thrift Savings Fund.
(3)(A) The Secretary of Labor may, in accordance with procedures which the Secretary shall by regulation prescribe, grant a conditional or unconditional exemption of any fiduciary or transaction, or class of fiduciaries or transactions, from all or part of the restrictions imposed by paragraph (2).
(B) An exemption granted under this paragraph shall not relieve a fiduciary from any other applicable provision of this chapter.
(C) The Secretary of Labor may not grant an exemption under this paragraph unless he finds that such exemption is—
(i) administratively feasible;
(ii) in the interests of the Thrift Savings Fund and of its participants and beneficiaries; and
(iii) protective of the rights of participants and beneficiaries of such Fund.
(D) An exemption under this paragraph may not be granted unless—
(i) notice of the proposed exemption is published in the Federal Register;
(ii) interested persons are given an opportunity to present views; and
(iii) the Secretary of Labor affords an opportunity for a hearing and makes a determination on the record with respect to the respective requirements of clauses (i), (ii), and (iii) of subparagraph (C).
(E) Notwithstanding subparagraph (D), the Secretary of Labor may determine that an exemption granted for any class of fiduciaries or transactions under section 408(a) of the Employee Retirement Income Security Act of 1974 shall, upon publication of notice in the Federal Register under this subparagraph, constitute an exemption for purposes of the provisions of paragraph (2).
(d) This section does not prohibit any fiduciary from—
(1) receiving any benefit which the fiduciary is entitled to receive under this subchapter or subchapter III of this chapter as a participant or beneficiary;
(2) receiving any reasonable compensation authorized by this subchapter for services rendered, or for reimbursement of expenses properly and actually incurred, in the performance of the fiduciary's duties under this chapter; or
(3) serving as a fiduciary in addition to being an officer, employee, agent, or other representative of a party in interest.
(e)(1)(A) Any fiduciary that breaches the responsibilities, duties, and obligations set out in subsection (b) or violates subsection (c) shall be personally liable to the Thrift Savings Fund for any losses to such Fund resulting from each such breach or violation and to restore to such Fund any profits made by the fiduciary through use of assets of such Fund by the fiduciary, and shall be subject to such other equitable or remedial relief as a court considers appropriate, except as provided in paragraphs (3) and (4) of this subsection. A fiduciary may be removed for a breach referred to in the preceding sentence.
(B) The Secretary of Labor may assess a civil penalty against a party in interest with respect to each transaction which is engaged in by the party in interest and is prohibited by subsection (c). The amount of such penalty shall be equal to 5 percent of the amount involved in each such transaction (as defined in section 4975(f)(4) of the Internal Revenue Code of 1986) for each year or part thereof during which the prohibited transaction continues, except that, if the transaction is not corrected (in such manner as the Secretary of Labor shall prescribe by regulation consistent with section 4975(f)(5) of such Code) within 90 days after the date the Secretary of Labor transmits notice to the party in interest (or such longer period as the Secretary of Labor may permit), such penalty may be in an amount not more than 100 percent of the amount involved.
(C) A fiduciary shall not be liable under subparagraph (A) with respect to a breach of fiduciary duty under subsection (b) committed before becoming a fiduciary or after ceasing to be a fiduciary.
(D) A fiduciary shall be jointly and severally liable under subparagraph (A) for a breach of fiduciary duty under subsection (b) by another fiduciary only if—
(i) the fiduciary participates knowingly in, or knowingly undertakes to conceal, an act or omission of such other fiduciary, knowing such act or omission is such a breach;
(ii) by the fiduciary's failure to comply with subsection (b) in the administration of the fiduciary's specific responsibilities which give rise to the fiduciary status, the fiduciary has enabled such other fiduciary to commit such a breach; or
(iii) the fiduciary has knowledge of a breach by such other fiduciary, unless the fiduciary makes reasonable efforts under the circumstances to remedy the breach.
(E) The Secretary of Labor shall prescribe, in regulations, procedures for allocating fiduciary responsibilities among fiduciaries, including investment managers. Any fiduciary who, pursuant to such procedures, allocates to a person or persons any fiduciary responsibility shall not be liable for an act or omission of such person or persons unless—
(i) such fiduciary violated subsection (b) with respect to the allocation, with respect to the implementation of the procedures prescribed by the Secretary of Labor (or the Board under section 114 of the Federal Employees' Retirement System Technical Corrections Act of 1986), or in continuing such allocation; or
(ii) such fiduciary would otherwise be liable in accordance with subparagraph (D).
(2) No civil action may be maintained against any fiduciary with respect to the responsibilities, liabilities, and penalties authorized or provided for in this section except in accordance with paragraphs (3) and (4).
(3) A civil action may be brought in the district courts of the United States—
(A) by the Secretary of Labor against any fiduciary other than a Member of the Board or the Executive Director of the Board—
(i) to determine and enforce a liability under paragraph (1)(A);
(ii) to collect any civil penalty under paragraph (1)(B);
(iii) to enjoin any act or practice which violates any provision of subsection (b) or (c);
(iv) to obtain any other appropriate equitable relief to redress a violation of any such provision; or
(v) to enjoin any act or practice which violates subsection (g)(2) or (h) of
(B) by any participant, beneficiary, or fiduciary against any fiduciary—
(i) to enjoin any act or practice which violates any provision of subsection (b) or (c);
(ii) to obtain any other appropriate equitable relief to redress a violation of any such provision;
(iii) to enjoin any act or practice which violates subsection (g)(2) or (h) of
(C) by any participant or beneficiary—
(i) to recover benefits of such participant or beneficiary under the provisions of subchapter III of this chapter, to enforce any right of such participant or beneficiary under such provisions, or to clarify any such right to future benefits under such provisions; or
(ii) to enforce any claim otherwise cognizable under
(4)(A) In all civil actions under paragraph (3)(A), attorneys appointed by the Secretary may represent the Secretary (except as provided in
(B) The Attorney General shall defend any civil action or proceeding brought in any court against any fiduciary referred to in paragraph (3)(C)(ii) (or the estate of such fiduciary) for any such injury. Any fiduciary against whom such a civil action or proceeding is brought shall deliver, within such time after date of service or knowledge of service as determined by the Attorney General, all process served upon such fiduciary (or an attested copy thereof) to the Executive Director of the Board, who shall promptly furnish copies of the pleading and process to the Attorney General and the United States Attorney for the district wherein the action or proceeding is brought.
(C) Upon certification by the Attorney General that a fiduciary described in paragraph (3)(C)(ii) was acting in the scope of such fiduciary's duties or employment as a fiduciary at the time of the occurrence or omission out of which the action arose, any such civil action or proceeding commenced in a State court shall be—
(i) removed without bond at any time before trial by the Attorney General to the district court of the United States for the district and division in which it is pending; and
(ii) deemed a tort action brought against the United States under the provisions of title 28 and all references thereto.
(D) The Attorney General may compromise or settle any claim asserted in such civil action or proceeding in the manner provided in
(E) For the purposes of paragraph (3)(C)(ii) the provisions of
(F) Notwithstanding
(G) For purposes of paragraph (3)(C)(ii), fiduciary includes only the Members of the Board and the Board's Executive Director.
(5) Any relief awarded against a Member of the Board or the Executive Director of the Board in a civil action authorized by paragraph (3) may not include any monetary damages or any other recovery of money.
(6) An action may not be commenced under paragraph (3)(A) or (B) with respect to a fiduciary's breach of any responsibility, duty, or obligation under subsection (b) or a violation of subsection (c) after the earlier of—
(A) 6 years after (i) the date of the last action which constituted a part of the breach or violation, or (ii) in the case of an omission, the latest date on which the fiduciary could have cured the breach or violation; or
(B) 3 years after the earliest date on which the plaintiff had actual knowledge of the breach or violation, except that, in the case of fraud or concealment, such action may be commenced not later than 6 years after the date of discovery of such breach or violation.
(7)(A) The district courts of the United States shall have exclusive jurisdiction of civil actions under this subsection.
(B) An action under this subsection may be brought in the District Court of the United States for the District of Columbia or a district court of the United States in the district where the breach alleged in the complaint or petition filed in the action took place or in the district where a defendant resides or may be found. Process may be served in any other district where a defendant resides or may be found.
(8)(A) A copy of the complaint or petition filed in any action brought under this subsection (other than by the Secretary of Labor) shall be served on the Executive Director, the Secretary of Labor, and the Secretary of the Treasury by certified mail.
(B) Any officer referred to in subparagraph (A) of this paragraph shall have the right in his discretion to intervene in any action. If the Secretary of Labor brings an action under paragraph (2) of this subsection on behalf of a participant or beneficiary, he shall notify the Executive Director and the Secretary of the Treasury.
(f) The Secretary of Labor may prescribe regulations to carry out this section.
(g)(1) The Secretary of Labor shall establish a program to carry out audits to determine the level of compliance with the requirements of this section relating to fiduciary responsibilities and prohibited activities of fiduciaries.
(2) An audit under this subsection may be conducted by the Secretary of Labor, by contract with a qualified non-governmental organization, or in cooperation with the Comptroller General of the United States, as the Secretary considers appropriate.
(Added
References in Text
Section 6 of the Securities Exchange Act of 1934, referred to in subsec. (a)(2)(A)(i), is classified to
Section 408(a) of the Employee Retirement Income Security Act of 1974, referred to in subsec. (c)(3)(E), is classified to
Section 4975(f)(4) and (5) of the Internal Revenue Code of 1986, referred to in subsec. (e)(1)(B), is classified to section 4975(f)(4) and (5) of Title 26, Internal Revenue Code.
Section 114 of the Federal Employees' Retirement System Technical Corrections Act of 1986, referred to in subsec. (e)(1)(E)(i), is section 114 of
Amendments
1990—
1988—Subsec. (e)(1)(A).
Subsec. (e)(1)(B).
Subsec. (e)(1)(D).
Subsec. (e)(2), (3).
"(2) A civil action may be brought in the district courts of the United States—
"(A) by the Secretary of Labor—
"(i) to determine and enforce a liability under paragraph (1)(A);
"(ii) to collect any civil penalty under paragraph (1)(B); or
"(iii) to enjoin any act or practice which violates subsection (g)(2) or (h) of
"(B) by the Secretary of Labor, any participant, beneficiary, or fiduciary—
"(i) to enjoin any act or practice which violates any provision of subsection (b) or (c); or
"(ii) to obtain any other appropriate equitable relief to redress a violation of any such provision; or
"(C) by any participant or beneficiary to recover benefits due to him or her under the provisions of subchapter III of this chapter, to enforce his or her rights under such provisions, or to clarify his or her rights to future benefits under such provisions.
"(3) An action may not be commenced under paragraph (2) with respect to a fiduciary's breach of any responsibility, duty, or obligation under subsection (b) or a violation of subsection (c) after the earlier of—
"(A) 6 years after (i) the date of the last action which constituted a part of the breach or violation, or (ii) in the case of an omission, the latest date on which the fiduciary could have cured the breach or violation; or
"(B) 3 years after the earliest date on which the plaintiff had actual knowledge of the breach or violation, except that, in the case of fraud or concealment, such action may be commenced not later than 6 years after the date of discovery of such breach or violation."
Subsec. (e)(3)(C)(ii).
Subsec. (e)(4) to (8).
Subsec. (e)(5).
1986—Subsec. (c)(3)(E).
Subsec. (e)(1)(B).
Subsec. (e)(1)(E)(i).
Effective Date of 1988 Amendments
Section 3(b) of
Section 133(b) of
Section 133(c) of
Interim Exemption Procedures
Section 111 of
"(a)
"(b)
Allocation of Fiduciary Responsibilities
Section 114(a) of
"(1) Subject to paragraph (2), until such time as final regulations under subparagraph (E) of
"(2) The authority to make any allocation under section 8477(e)(1)(E) using the procedures referred to in paragraph (1), and any allocation so made using such procedures, shall expire not later than December 31, 1988."
Section Referred to in Other Sections
This section is referred to in
§8478. Bonding
(a)(1) Except as provided in paragraph (2), each fiduciary and each person who handles funds or property of the Thrift Savings Fund shall be bonded as provided in this section.
(2)(A) Bond shall not be required of a fiduciary (or of any officer or employee of such fiduciary) if such fiduciary—
(i) is a corporation organized and doing business under the laws of the United States or of any State;
(ii) is authorized under such laws to exercise trust powers or to conduct an insurance business;
(iii) is subject to supervision or examination by Federal or State authority; and
(iv) has at all times a combined capital and surplus in excess of such minimum amount (not less than $1,000,000) as the Secretary of Labor prescribes in regulations.
(B) If—
(i) a bank or other financial institution would, but for this subparagraph, not be required to be bonded under this section by reason of the application of the exception provided in subparagraph (A),
(ii) the bank or financial institution is authorized to exercise trust powers, and
(iii) the deposits of the bank or financial institution are not insured by the Federal Deposit Insurance Corporation,
such exception shall apply to such bank or financial institution only if the bank or institution meets bonding requirements under State law which the Secretary of Labor determines are at least equivalent to those imposed on banks by Federal law.
(b)(1) The Secretary of Labor shall prescribe the amount of a bond under this section at the beginning of each fiscal year. Except as otherwise provided in this paragraph, such amount shall not be less than 10 percent of the amount of funds handled. In no case shall such bond be less than $1,000 nor more than $500,000, except that the Secretary of Labor, after due notice and opportunity for hearing to all interested parties, and other consideration of the record, may prescribe an amount in excess of $500,000.
(2) For the purpose of prescribing the amount of a bond under paragraph (1), the amount of funds handled shall be determined by reference to the amount of the funds handled by the person, group, or class to be covered by such bond or by their predecessor or predecessors, if any, during the preceding fiscal year, or to the amount of funds to be handled during the current fiscal year by such person, group, or class, estimated as provided in regulations prescribed by the Secretary of Labor.
(c) A bond required by subsection (a)—
(1) shall include such terms and conditions as the Secretary of Labor considers necessary to protect the Thrift Savings Fund against loss by reason of acts of fraud or dishonesty on the part of the bonded person directly or through connivance with others;
(2) shall have as surety thereon a corporate surety company which is an acceptable surety on Federal bonds under authority granted by the Secretary of the Treasury pursuant to
(3) shall be in a form or of a type approved by the Secretary of Labor, including individual bonds or schedule or blanket forms of bonds which cover a group or class.
(d)(1) It shall be unlawful for any person to whom subsection (a) applies, to receive, handle, disburse, or otherwise exercise custody or control of any of the funds or other property of the Thrift Savings Fund without being bonded as required by this section.
(2) It shall be unlawful for any fiduciary, or any other person having authority to direct the performance of functions described in paragraph (1), to permit any such function to be performed by any person to whom subsection (a) applies unless such person has met the requirements of such subsection.
(e) Notwithstanding any other provision of law, any person who is required to be bonded as provided in subsection (a) shall be exempt from any other provision of law which would, but for this subsection, require such person to be bonded for the handling of the funds or other property of the Thrift Savings Fund.
(f) The Secretary of Labor shall prescribe such regulations as may be necessary to carry out the provisions of this section, including exempting a person or class of persons from the requirements of this section.
(Added
Amendments
1992—Subsec. (a)(2)(B)(iii).
1986—Subsec. (a)(1).
Subsec. (c)(2).
Interim Bonding Regulations
Section 113 of
"(a)
"(b)
Section Referred to in Other Sections
This section is referred to in
§8478a. Investigative authority
Any authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision of section 8477 or 8478.
(Added
References in Text
Section 504 of the Employee Retirement Income Security Act of 1974, referred to in text, is classified to
§8479. Exculpatory provisions; insurance
(a) Any provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this subchapter shall be void.
(b)(1) The Executive Director may require employing agencies to contribute an amount not to exceed 1 percent of the amount such agencies are required to contribute in accordance with
(2) The sums credited to the Thrift Savings Fund under paragraph (1) shall be available and may be used at the discretion of the Executive Director to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Thrift Savings Fund, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation.
(Added
Section Referred to in Other Sections
This section is referred to in
CHAPTER 85 —UNEMPLOYMENT COMPENSATION
SUBCHAPTER I—EMPLOYEES GENERALLY
SUBCHAPTER II—EX-SERVICEMEN
Amendments
1992—
1975—
Chapter Referred to in Other Sections
This chapter is referred to in title 2 section 906; title 18 section 1919; title 19 section 2319; title 22 section 3664; title 28 section 996.
SUBCHAPTER I—EMPLOYEES GENERALLY
Subchapter Referred to in Other Sections
This subchapter is referred to in
§8501. Definitions
For the purpose of this subchapter—
(1) "Federal service" means service performed after 1952 in the employ of the United States or an instrumentality of the United States which is wholly or partially owned by the United States, but does not include service (except service to which subchapter II of this chapter applies) performed—
(A) by an elective official in the executive or legislative branch;
(B) as a member of the armed forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration;
(C) by members of the Foreign Service for whom payments are provided under section 609(b)(1) of the Foreign Service Act of 1980;
(D) outside the United States, the Commonwealth of Puerto Rico, and the Virgin Islands by an individual who is not a citizen of the United States;
(E) by an individual excluded by regulations of the Office of Personnel Management from the operation of subchapter III of
(F) by an individual receiving nominal pay and allowances of $12 or less a year;
(G) in a hospital, home, or other institution of the United States by a patient or inmate thereof;
(H) by a student-employee as defined by
(I) by an individual serving on a temporary basis in case of fire, storm, earthquake, flood, or other similar emergency;
(J) by an individual employed under a Federal relief program to relieve him from unemployment;
(K) as a member of a State, county, or community committee under the Agricultural Stabilization and Conservation Service or of any other board, council, committee, or other similar body, unless the board, council, committee, or other body is composed exclusively of individuals otherwise in the full-time employ of the United States; or
(L) by an officer or a member of the crew on or in connection with an American vessel—
(i) owned by or bareboat chartered to the United States; and
(ii) whose business is conducted by a general agent of the Secretary of Commerce;
if contributions on account of the service are required to be made to an unemployment fund under a State unemployment compensation law under
(2) "Federal wages" means all pay and allowances, in cash and in kind, for Federal service;
(3) "Federal employee" means an individual who has performed Federal service;
(4) "compensation" means cash benefits payable to an individual with respect to his unemployment including any portion thereof payable with respect to dependents;
(5) "benefit year" means the benefit year as defined by the applicable State unemployment compensation law, and if not so defined the term means the period prescribed in the agreement under this subchapter with a State or, in the absence of such an agreement, the period prescribed by the Secretary of Labor;
(6) "State" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands;
(7) "United States", when used in a geographical sense, means the States; and
(8) "base period" means the base period as defined by the applicable State unemployment compensation law for the benefit year.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1501", |
||
Aug. 28, 1958, |
||
July 12, 1960, |
||
Sept. 13, 1960, |
Clause (4) of former section 1361(a) is omitted as obsolete.
In paragraph (1)(A), the word "official" is substituted for "officer" because of the definition of "officer" in section 2104. The words "of the Government of the United States" are omitted as unnecessary.
In paragraph (1)(E), the words "by regulations of the Civil Service Commission from the operation of subchapter III of
In paragraph (1)(K), the words "Agricultural Stabilization and Conservation Service" are substituted for "Production and Marketing Administration" on authority of Secretary's memorandum 1320, supp. 4 of November 2, 1953.
In paragraph (1)(L), the words "
The last sentence of former section 1361 is omitted as its substance is included in paragraph (1)(D).
Former section 1361(f) is omitted as unnecessary as the full title of the Secretary of Labor is set out the first time it is used in each section.
Paragraphs (6) and (7) are added on authority of section 1101(a)(1), (2) of the Act of Aug. 14, 1935, ch. 531,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 609(b)(1) of the Foreign Service Act of 1980, referred to in par. (1)(C), is classified to
Amendments
1980—Par. (1)(B).
Par. (1)(C).
1978—Par. (1)(E).
1976—Par. (6).
Par. (8).
Effective Date of 1980 Amendments
Amendment by
Section 4(c) of
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by section 116(e)(1) of
Section 214(c) of
Temporary 1990 Census Services Constituting Federal Service
Determination respecting temporary 1990 census services as Federal service for purposes of this subchapter, see section 141 of
§8502. Compensation under State agreement
(a) The Secretary of Labor, on behalf of the United States, may enter into an agreement with a State, or with an agency administering the unemployment compensation law of a State, under which the State agency shall—
(1) pay, as agent of the United States, compensation under this subchapter to Federal employees; and
(2) otherwise cooperate with the Secretary and with other State agencies in paying compensation under this subchapter.
(b) The agreement shall provide that compensation will be paid by the State to a Federal employee in the same amount, on the same terms, and subject to the same conditions as the compensation which would be payable to him under the unemployment compensation law of the State if his Federal service and Federal wages assigned under
[(c) Repealed.
(d) A determination by a State agency with respect to entitlement to compensation under an agreement is subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent.
(e) Each agreement shall provide the terms and conditions on which it may be amended or terminated.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1502", |
||
Sept. 13, 1960, |
In subsection (a), the words "under this subchapter" are substituted for "on the basis provided in subsection (b) of this section".
In subsection (b), the words "with respect to unemployment after December 31, 1954" are omitted as obsolete.
In subsection (c), the words "with respect to unemployment after December 31, 1960" are omitted as obsolete. In the last sentence, the application to section 8503(b) is omitted and carried into that section.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section amends
Section Referred to in Other Sections
This section is referred to in
§8503. Compensation absent State agreement
(a) In the case of a Federal employee whose Federal service and Federal wages are assigned under
(b) A Federal employee whose claim for compensation under subsection (a) of this section is denied is entitled to a fair hearing under regulations prescribed by the Secretary. A final determination by the Secretary with respect to entitlement to compensation under this section is subject to review by the courts in the same manner and to the same extent as is provided by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1503", |
||
Sept. 13, 1960, |
In subsections (a) and (b), the words "with respect to unemployment after December 31, 1954" are omitted as obsolete.
In subsection (b), the last sentence is added on authority of the last sentence of former section 1362(b), which section is carried into section 8502.
In subsection (c), the words "with respect to final decisions of the Secretary of Health, Education, and Welfare under subchapter II of this chapter" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8503(b) | [Uncodified]. | Sept. 13, 1960, |
This section also amends
Amendments
1976—Subsecs. (b), (c).
Subsec. (d).
Effective Date of 1976 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8504. Assignment of Federal service and wages
Under regulations prescribed by the Secretary of Labor, the Federal service and Federal wages of a Federal employee shall be assigned to the State in which he had his last official station in Federal service before the filing of his first claim for compensation for the benefit year. However—
(1) if, at the time of filing his first claim, he resides in another State in which he performed, after the termination of his Federal service, service covered under the unemployment compensation law of the other State, his Federal service and Federal wages shall be assigned to the other State; and
(2) if his last official station in Federal service, before filing his first claim, was outside the United States, his Federal service and Federal wages shall be assigned to the State where he resides at the time he files his first claim.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1504", |
||
Sept. 13, 1960, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8504(3) | [Uncodified]. | Sept. 13, 1960, |
This section also amends
Amendments
1976—Par. (3).
Effective Date of 1976 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8505. Payments to States
(a) Each State is entitled to be paid by the United States with respect to each individual whose base period wages included Federal wages an amount which shall bear the same ratio to the total amount of compensation paid to such individual as the amount of his Federal wages in his base period bears to the total amount of his base period wages.
(b) Each State shall be paid, either in advance or by way of reimbursement, as may be determined by the Secretary of Labor, the sum that the Secretary estimates the State is entitled to receive under this subchapter for each calendar month. The sum shall be reduced or increased by the amount which the Secretary finds that his estimate for an earlier calendar month was greater or less than the sum which should have been paid to the State. An estimate may be made on the basis of a statistical, sampling, or other method agreed on by the Secretary and the State agency.
(c) The Secretary, from time to time, shall certify to the Secretary of the Treasury the sum payable to each State under this section. The Secretary of the Treasury, before audit or settlement by the General Accounting Office, shall pay the State in accordance with the certification from the funds for carrying out the purposes of this subchapter.
(d) Money paid a State under this subchapter may be used solely for the purposes for which it is paid. Money so paid which is not used for these purposes shall be returned, at the time specified by the agreement, to the Treasury of the United States and credited to current applicable appropriations, funds, or accounts from which payments to States under this subchapter may be made.
(e) An agreement may—
(1) require each State officer or employee who certifies payments or disburses funds under the agreement, or who otherwise participates in its performance, to give a surety bond to the United States in the amount the Secretary considers necessary; and
(2) provide for payment of the cost of the bond from funds for carrying out the purposes of this subchapter.
(f) In the absence of gross negligence or intent to defraud the United States, an individual designated by the Secretary, or designated under an agreement, as a certifying official is not liable for the payment of compensation certified by him under this subchapter.
(g) In the absence of gross negligence or intent to defraud the United States, a disbursing official is not liable for a payment by him under this subchapter if it was based on a voucher signed by a certifying official designated as provided by subsection (f) of this section.
(h) For the purpose of payments made to a State under subchapter III of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1506", |
In the first sentence of subsection (d), the word "may" is substituted for "shall" since the sentence does not direct the use of the money, rather it limits the purposes for which the money may be used.
In subsections (f) and (g), the word "official" is substituted for "officer" because of the definition of "officer" in section 2104.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1976—Subsec. (a).
Effective Date of 1976 Amendment
Amendment by
§8506. Dissemination of information
(a) Each agency of the United States and each wholly or partially owned instrumentality of the United States shall make available to State agencies which have agreements under this subchapter, or to the Secretary of Labor, as the case may be, such information concerning the Federal service and Federal wages of a Federal employee as the Secretary considers practicable and necessary for the determination of the entitlement of the Federal employee to compensation under this subchapter. The information shall include the findings of the employing agency concerning—
(1) whether or not the Federal employee has performed Federal service;
(2) the periods of Federal service;
(3) the amount of Federal wages; and
(4) the reasons for termination of Federal service.
The employing agency shall make the findings in the form and manner prescribed by regulations of the Secretary. The regulations shall include provision for correction by the employing agency of errors and omissions. This subsection does not apply with respect to Federal service and Federal wages covered by subchapter II of this chapter.
(b) The agency administering the unemployment compensation law of a State shall furnish the Secretary such information as he considers necessary or appropriate in carrying out this subchapter. The information is deemed the report required by the Secretary for the purpose of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1507", |
||
Aug. 28, 1958, |
||
Sept. 13, 1960, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1976—Subsec. (a).
Effective Date of 1976 Amendment
Section 313(b) of
§8507. False statements and misrepresentations
(a) If a State agency, the Secretary of Labor, or a court of competent jurisdiction finds that an individual—
(1) knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact; and
(2) as a result of that action has received an amount as compensation under this subchapter to which he was not entitled;
the individual shall repay the amount to the State agency or the Secretary. Instead of requiring repayment under this subsection, the State agency or the Secretary may recover the amount by deductions from compensation payable to the individual under this subchapter during the 2-year period after the date of the finding. A finding by a State agency or the Secretary may be made only after an opportunity for a fair hearing, subject to such further review as may be appropriate under
(b) An amount repaid under subsection (a) of this section shall be—
(1) deposited in the fund from which payment was made, if the repayment was to a State agency; or
(2) returned to the Treasury of the United States and credited to the current applicable appropriation, fund, or account from which payment was made, if the repayment was to the Secretary.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1212, §4(a), "Sec. 1508(b)", |
In subsection (a), the words "as the case may be", "be liable to", and "of any amount" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8508. Regulations
The Secretary of Labor may prescribe rules and regulations necessary to carry out this subchapter and subchapter II of this chapter. The Secretary, insofar as practicable, shall consult with representatives of the State unemployment compensation agencies before prescribing rules or regulations which may affect the performance by the State agencies of functions under agreements under this subchapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 1, 1954, ch. 1212, §4(a) "Sec. 1509", |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§8509. Federal Employees Compensation Account
(a) The Federal Employees Compensation Account (as established by section 909 of the Social Security Act, and hereafter in this section referred to as the "Account") in the Unemployment Trust Fund (as established by section 904 of such Act) shall consist of—
(1) funds appropriated to or transferred thereto, and
(2) amounts deposited therein pursuant to subsection (c).
(b) Moneys in the Account shall be available only for the purpose of making payments to States pursuant to agreements entered into under this chapter and making payments of compensation under this chapter in States which do not have in effect such an agreement.
(c)(1) Each employing agency shall deposit into the Account amounts equal to the expenditures incurred under this chapter on account of Federal service performed by employees and former employees of that agency.
(2) Deposits required by paragraph (1) shall be made during each calendar quarter and the amount of the deposit to be made by any employing agency during any quarter shall be based on a determination by the Secretary of Labor as to the amounts of payments, made prior to such quarter from the Account based on Federal service performed by employees of such agency after December 31, 1980, with respect to which deposit has not previously been made. The amount to be deposited by any employing agency during any calendar quarter shall be adjusted to take account of any overpayment or underpayment of deposit during any previous quarter for which adjustment has not already been made.
(3) If any Federal agency does not deposit in the Federal Employees Compensation Account any amount before the date 30 days after the date on which the Secretary of Labor has notified such agency that it is required to so deposit such amount, the Secretary of Labor shall notify the Secretary of the Treasury of the failure to make such deposit and the Secretary of the Treasury shall transfer such amount to the Federal Employees Compensation Account from amounts otherwise appropriated to such Federal agency.
(d) The Secretary of Labor shall certify to the Secretary of the Treasury the amount of the deposit which each employing agency is required to make to the Account during any calendar quarter, and the Secretary of the Treasury shall notify the Secretary of Labor as to the date and amount of any deposit made to such Account by any such agency.
(e) Prior to the beginning of each fiscal year (commencing with the fiscal year which begins October 1, 1981) the Secretary of Labor shall estimate—
(1) the amount of expenditures which will be made from the Account during such year, and
(2) the amount of funds which will be available during such year for the making of such expenditures,
and if, on the basis of such estimate, he determines that the amount described in paragraph (2) is in excess of the amount necessary—
(3) to meet the expenditures described in paragraph (1), and
(4) to provide a reasonable contingency fund so as to assure that there will, during all times in such year, be sufficient sums available in the Account to meet the expenditures described in paragraph (1),
he shall certify the amount of such excess to the Secretary of the Treasury and the Secretary of the Treasury shall transfer, from the Account to the general fund of the Treasury, an amount equal to such excess.
(f) The Secretary of Labor is authorized to establish such rules and regulations as may be necessary or appropriate to carry out the provisions of this section.
(g) Any funds appropriated after the establishment of the Account, for the making of payments for which expenditures are authorized to be made from moneys in the Account, shall be made to the Account; and there are hereby authorized to be appropriated to the Account, from time to time, such sums as may be necessary to assure that there will, at all times, be sufficient sums available in the Account to meet the expenditures authorized to be made from moneys therein.
(h) For purposes of this section, the term "Federal service" includes Federal service as defined in section 8521(a).
(Added
References in Text
Sections 909 and 904 of the Social Security Act, referred to in subsec. (a), are classified to sections 1109 and 1104, respectively, of Title 42, The Public Health and Welfare.
Amendments
1992—Subsec. (c)(3).
1982—Subsecs. (b), (c)(1).
Subsec. (h).
Effective Date of 1992 Amendment
Section 532(b) of
Effective Date of 1982 Amendment
Section 202(b)(1) of
Transfer of Appropriated Unemployment Compensation Funds
Section 1023(c) of
Section Referred to in Other Sections
This section is referred to in title 42 section 1109.
SUBCHAPTER II—EX-SERVICEMEN
Subchapter Referred to in Other Sections
This subchapter is referred to in
§8521. Definitions; application
(a) For the purpose of this subchapter—
(1) "Federal service" means active service (not including active duty in a reserve status unless for a continuous period of 90 days or more) in the armed forces or the Commissioned Corps of the National Oceanic and Atmospheric Administration if with respect to that service—
(A) the individual was discharged or released under honorable conditions (and, if an officer, did not resign for the good of the service); and
(B)(i) the individual was discharged or released after completing his first full term of active service which the individual initially agreed to serve, or
(ii) the individual was discharged or released before completing such term of active service—
(I) for the convenience of the Government under an early release program,
(II) because of medical disqualification, pregnancy, parenthood, or any service-incurred injury or disability,
(III) because of hardship, or
(IV) because of personality disorders or inaptitude but only if the service was continuous for 365 days or more;
(2) "Federal wages" means all pay and allowances, in cash and in kind, for Federal service, computed on the basis of the pay and allowances for the pay grade of the individual at the time of his latest discharge or release from Federal service as specified in the schedule applicable at the time he files his first claim for compensation for the benefit year. The Secretary of Labor shall issue, from time to time, after consultation with the Secretary of Defense, schedules specifying the pay and allowances for each pay grade of servicemen covered by this subchapter, which reflect representative amounts for appropriate elements of the pay and allowances whether in cash or in kind; and
(3) "State" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.
(b) The provisions of subchapter I of this chapter, subject to the modifications made by this subchapter, apply to individuals who have had Federal service as defined by subsection (a) of this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 28, 1958, |
In subsection (a)(1), the words "armed forces" are coextensive with and substituted for "Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States" in view of the definition of "armed forces" in section 2101. The words "after October 27, 1958" are substituted for "after the sixtieth day after August 28, 1958".
In subsection (b), the words "with respect to weeks of unemployment ending after the sixtieth day after August 28, 1958" are omitted as obsolete because the law is here stated with prospective effect.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This incorporates into
Codification
Section 8 of
Amendments
1991—Subsec. (a)(1).
Subsec. (c).
"(1) An individual shall not be entitled to compensation under this subchapter for any week before the fifth week beginning after the week in which the individual was discharged or released.
"(2) The aggregate amount of compensation payable on the basis of Federal service (as defined in subsection (a)) to any individual with respect to any benefit year shall not exceed 13 times the individual's weekly benefit amount for total unemployment."
1982—Subsec. (a)(1).
Subsec. (c).
1981—Subsec. (a)(1)(B).
1980—Subsec. (a)(1).
Subsec. (a)(1)(A).
1976—Subsec. (a)(3).
Effective Date of 1991 Amendment
Section 301(c) of
Effective Date of 1982 Amendment; Transitional Rule
Section 201(c) of
"(1)
"(2)
Effective Date of 1981 Amendment
Section 2405(b) of
Effective Date of 1980 Amendments
Section 415(b) of
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8522. Assignment of Federal service and wages
Notwithstanding
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 28, 1958, |
||
Sept. 13, 1960, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1976—
Effective Date of 1976 Amendment
Amendment by
§8523. Dissemination of information
(a) When designated by the Secretary of Labor, an agency of the United States shall make available to the appropriate State agency or to the Secretary, as the case may be, such information, including findings in the form and manner prescribed by regulations of the Secretary, as the Secretary considers practicable and necessary for the determination of the entitlement of an individual to compensation under this subchapter.
(b) Subject to correction of errors and omissions as prescribed by regulations of the Secretary, the following are final and conclusive for the purpose of
(1) Findings by an agency of the United States made in accordance with subsection (a) of this section with respect to—
(A) whether or not an individual has met any condition specified by
(B) the periods of Federal service; and
(C) the pay grade of the individual at the time of his latest discharge or release from Federal service.
(2) The schedules of pay and allowances prescribed by the Secretary under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 28, 1958, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
[§8524. Repealed. Pub. L. 91–373, title I, §107, Aug. 10, 1970, 84 Stat. 701 ]
Section,
Effective Date of Repeal
Section 107 of
§8525. Effect on other statutes
[(a) Repealed.
(b) An individual is not entitled to compensation under this subchapter for any period with respect to which he receives—
(1) a subsistence allowance under
(2) an educational assistance allowance under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 28, 1958, Sept. 2, 1958, |
In subsection (b), the words "an education and training allowance under subsection (a), (b), (c), or (d) of
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
1967 Act
This section deletes subsection (a) of
CHAPTER 87 —LIFE INSURANCE
Amendments
1994—
1988—
1984—
1980—
1967—
Chapter Referred to in Other Sections
This chapter is referred to in
§8701. Definitions
(a) For the purpose of this chapter, "employee" means—
(1) an employee as defined by
(2) a Member of Congress as defined by
(3) a Congressional employee as defined by
(4) the President;
(5) a justice or judge of the United States appointed to hold office during good behavior (i) who is in regular active judicial service, or (ii) who is retired from regular active service under
(6) an individual first employed by the government of the District of Columbia before October 1, 1987;
(7) an individual employed by Gallaudet College; 1
(8) an individual employed by a county committee established under
(9) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (
(10) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 4 of the Presidential Transition Act of 1963, as amended (
but does not include—
(A) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
(B) an individual who is not a citizen or national of the United States and whose permanent duty station is outside the United States, unless the individual was an employee for the purpose of this chapter on September 30, 1979, by reason of service in an Executive agency, the United States Postal Service, or the Smithsonian Institution in the area which was then known as the Canal Zone; or
(C) an employee excluded by regulation of the Office of Personnel Management under
(b) Notwithstanding subsection (a) of this section, the employment of a teacher in the recess period between two school years in a position other than a teaching position in which he served immediately before the recess period does not qualify the individual as an employee for the purpose of this chapter. For the purpose of this subsection, "teacher" and "teaching position" have the meanings given them by
(c) For the purpose of this chapter, "basic insurance amount" means, in the case of any employee under this chapter, an amount equal to the greater of—
(1) the annual rate of basic pay payable to the employee, rounded to the next higher multiple of $1,000, plus $2,000, or
(2) $10,000.
In the case of any former employee entitled to coverage under this chapter, the term means the basic insurance amount applicable for the employee at the time the insurance to which the employee is entitled as an employee under this chapter stops pursuant to
(d)(1) For the purpose of this chapter, "family member", when used with respect to any individual, means—
(A) the spouse of the individual; and
(B) an unmarried dependent child of the individual (other than a stillborn child), including an adopted child, stepchild or foster child (but only if the stepchild or foster child lived with the individual in a regular parent-child relationship), or recognized natural child—
(i) who is less than 22 years of age, or
(ii) who is 22 years of age or older and is incapable of self-support because of a mental or physical disability which existed before the child became 22 years of age.
(2) For the purpose of this subsection, "dependent", in the case of any child, means that the individual involved was, at the time of the child's death, either living with or contributing to the support of the child, as determined in accordance with the regulations the Office shall prescribe.
(
The definition of "Congressional employee" in
The definition of "employee" in
In subsection (a) (B), the words "United States" are substituted for "a State of the United States or the District of Columbia".
Subsection (a)(C) is added for clarity.
In subsection (b), the last sentence is added on authority of former section 2351, which section is scheduled for transfer to
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Act of August 25, 1958 (
Section 4 of the Presidential Transition Act of 1963, referred to in subsec. (a)(10), is section 4 of
Amendments
1998—Subsec. (c).
Subsec. (d)(1)(B).
1988—Subsec. (a)(10).
1986—Subsec. (a)(6).
1984—Subsec. (a)(5) to (9).
1980—
Subsec. (c).
Subsec. (d).
1979—Subsec. (a)(7) to (9).
Subsec. (a)(B).
1978—Subsec. (a)(C).
1973—Subsec. (a)(B).
1970—Subsec. (a)(B).
Change of Name
Gallaudet College, referred to in subsec. (a)(7), redesignated Gallaudet University by section 101(a) of
Effective Date of 1998 Amendment
"(a)
"(b)
"(c)
"(d)
"(e)
"(1)
"(2)
"(A) separated from service before such effective date due to retirement or entitlement to compensation under subchapter I of
"(B) continued additional optional insurance pursuant to section 8714b(c)(2) as in effect immediately before such effective date.
"(f)
"(g)
"(1) begins on or after the date occurring 365 days after the first day of the election period authorized under section 9; and
"(2) follows a pay period in which the employee was in a pay and duty status."
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1980 Amendment
Section 10 of
"(a) Unless otherwise specified, this Act [see Short Title note below] shall take effect on the date of the enactment of this Act [Oct. 10, 1980] and shall have no effect in the case of an employee who died, was separated, or retired before the date of enactment.
"(b) The amendment made by subsection (d) of section 2 of this Act [amending
"(c) The amendment made by section 3 of this Act [amending
"(d) The amendments made by sections 7 and 8 of this Act [enacting
Effective Date of 1979 Amendments
Amendment by
Amendment by
Effective Date of 1978 Amendment
Amendment by
Short Title of 1998 Amendment
Short Title of 1994 Amendment
Short Title of 1980 Amendment
Section 1 of
Open Season
"(1) may, if the employee previously declined or voluntarily terminated any coverage under
"(2) may, if currently insured for optional life insurance on family members, elect an amount above the minimum insurance on a spouse."
"(1) The Office of Personnel Management shall prescribe regulations under which, beginning not later than 9 months after the date of the enactment of this Act [Oct. 25, 1994], and over a period of not less than 8 weeks—
"(A) an employee (as defined by
"(i) may elect to begin, or to resume, group life insurance and group accidental death and dismemberment insurance; and
"(ii) may make such other elections under such chapter as the Office may allow; and
"(B) such other elections as the Office allows may be made.
"(2) The Office shall take such action as may be necessary to ensure that employees and any other individuals who would be eligible to make an election under this subsection are afforded advance notification to that effect."
Continued Coverage Under Certain Federal Employee Benefit Programs for Certain Employees of Saint Elizabeths Hospital
For provisions relating to treatment of certain Federal employees of Saint Elizabeths Hospital under certain Federal employee benefit programs, see section 207(o) of
Cross References
Annual report to Congress by Office of Personnel Management on the operation of this chapter, see
International organizations, coverage of employees transferring to, see
Secretary of Agriculture to prescribe regulations for this chapter covering county committee employees, see
United States magistrate judges and necessary clerical and secretarial assistants employed in the offices of such fulltime magistrate judges deemed officers and employees in the Federal judicial branch within meaning of this chapter, see
Section Referred to in Other Sections
This section is referred to in
1 See Change of Name note below.
§8702. Automatic coverage
(a) An employee is automatically insured on the date he becomes eligible for insurance and each policy of insurance purchased by the Office of Personnel Management under this chapter shall provide for that automatic coverage.
(b) An employee desiring not to be insured shall give written notice to his employing office on a form prescribed by the Office. If the notice is received before he has become insured, he shall not be insured. If the notice is received after he has become insured, his insurance stops at the end of the pay period in which the notice is received.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 17, 1954, ch. 752, §5(a) (less 1st par.), |
In subsection (a), the words "eligible for insurance" are coextensive with and substituted for "eligible under the terms of this chapter".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Subsecs. (a), (b).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8703. Benefit certificate
The Office of Personnel Management shall arrange to have each insured employee receive a certificate setting forth the benefits to which he is entitled, to whom the benefits are payable, to whom the claims shall be submitted, and summarizing the provisions of the policy principally affecting him. The certificate is issued instead of the certificate which the insurance company would otherwise be required to issue.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 17, 1954, ch. 752, §9, |
The words "each insured employee" are coextensive with and substituted for "each employee insured under such policy".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
§8704. Group insurance; amounts
(a) An employee eligible for insurance is entitled to be insured for an amount of group life insurance equal to—
(1) the employee's basic insurance amount, multiplied by
(2) the appropriate factor determined on the basis of the employee's age in accordance with the following schedule:
If the age of the employee is | The appropriate factor is: |
---|---|
35 or under | 2.0 |
36 | 1.9 |
37 | 1.8 |
38 | 1.7 |
39 | 1.6 |
40 | 1.5 |
41 | 1.4 |
42 | 1.3 |
43 | 1.2 |
44 | 1.1 |
45 or over | 1.0. |
(b) An employee eligible for insurance is entitled to be insured for group accidental death and dismemberment insurance in accordance with this subsection. Subject to the conditions and limitations approved by the Office of Personnel Management which are contained in the policy purchased by the Office, the group accidental death and dismemberment insurance provides payment as follows:
Loss | Amount payable |
---|---|
For loss of life | Full amount of the employee's basic insurance amount. |
Loss of one hand or of one foot or loss of sight of one eye | One-half the amount of the employee's basic insurance amount. |
Loss of two or more such members | Full amount of the employee's basic insurance amount. |
For any one accident the aggregate amount of group accidental death and dismemberment insurance that may be paid may not exceed an amount equal to the employee's basic insurance amount.
(c) The Office shall prescribe regulations providing for the conversion of other than annual rates of pay to annual rates of pay and shall specify the types of pay included in annual pay. For the purpose of this chapter, "annual pay" includes—
(1) premium pay under
(2) with respect to a law enforcement officer as defined in
(d) In determining the amount of insurance to which an employee is entitled—
(1) a change in rate of pay under subchapter VI of
(2) a change in rate of pay under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)–(c) | Aug. 17, 1954, ch. 752, §3 (less (d)), |
|
(d)(1) | [Uncodified]. | Aug. 23, 1958, |
(d)(2) | Sept. 2, 1958, |
In subsection (a), the words "An employee eligible for insurance is entitled" are coextensive with and substituted for "Each employee to whom this chapter applies shall be eligible".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1988—Subsec. (c)(2).
1980—Subsec. (a).
If annual pay is— | The amount of group life insurance is— | The amount of group accidental death and dismemberment insurance is— | |
---|---|---|---|
Greater than— | But not greater than— | ||
0 | $8,000 | $10,000 | $10,000 |
$8,000 | 9,000 | 11,000 | 11,000 |
9,000 | 10,000 | 12,000 | 12,000 |
10,000 | 11,000 | 13,000 | 13,000 |
11,000 | 12,000 | 14,000 | 14,000 |
12,000 | 13,000 | 15,000 | 15,000 |
13,000 | 14,000 | 16,000 | 16,000 |
14,000 | 15,000 | 17,000 | 17,000 |
15,000 | 16,000 | 18,000 | 18,000 |
16,000 | 17,000 | 19,000 | 19,000 |
17,000 | 18,000 | 20,000 | 20,000 |
18,000 | 19,000 | 21,000 | 21,000 |
19,000 | 20,000 | 22,000 | 22,000 |
20,000 | 21,000 | 23,000 | 23,000 |
21,000 | 22,000 | 24,000 | 24,000 |
22,000 | 23,000 | 25,000 | 25,000 |
23,000 | 24,000 | 26,000 | 26,000 |
24,000 | 25,000 | 27,000 | 27,000 |
25,000 | 26,000 | 28,000 | 28,000 |
26,000 | 27,000 | 29,000 | 29,000 |
27,000 | 28,000 | 30,000 | 30,000 |
28,000 | 29,000 | 31,000 | 31,000 |
29,000 | 32,000 | 32,000 |
Subsec. (b).
Subsec. (c).
1978—Subsecs. (b), (c).
Subsec. (d)(1).
1972—Subsec. (d)(2).
1967—Subsec. (a).
1966—Subsec. (c).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by section 2(d) of
Section 2(f) of
Effective Date of 1978 Amendment
Amendment by section 801(a)(3)(E) of
Amendment by section 906(a)(2), (3) of
Effective Date of 1972 Amendment
Amendment by
Effective Date of 1967 Amendment
Section 405(a) of
Effective Date of 1966 Amendment
Amendment by
Retroactive Effect of 1967 Amendment
Section 405(c) of
1967 Adjustment in Amount of Insurance
Section 220(b) of
"(1) all changes in rates of pay which result from the enactment of this title [see Short Title Note under
"(2) all changes in rates of pay which result from the enactment of
[Section 220(b) of
Section Referred to in Other Sections
This section is referred to in
§8705. Death claims; order of precedence; escheat
(a) Except as provided in subsection (e), the amount of group life insurance and group accidental death insurance in force on an employee at the date of his death shall be paid, on the establishment of a valid claim, to the person or persons surviving at the date of his death, in the following order of precedence:
First, to the beneficiary or beneficiaries designated by the employee in a signed and witnessed writing received before death in the employing office or, if insured because of receipt of annuity or of benefits under subchapter I of
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 executor or administrator of the estate of the employee.
Sixth, if none of the above, to other next of kin of the employee entitled under the laws of the domicile of the employee at the date of his death.
(b) If, within 1 year after the death of the employee, no claim for payment has been filed by a person entitled under the order of precedence named by subsection (a) of this section, or if payment to the person within that period is prohibited by Federal statute or regulation, payment may be made in the order of precedence as if the person had predeceased the employee, and the payment bars recovery by any other person.
(c) If, within 2 years after the death of the employee, no claim for payment has been filed by a person entitled under the order of precedence named by subsection (a) of this section, and neither the Office nor the administrative office established by the company concerned pursuant to
(d) If, within 4 years after the death of the employee, payment has not been made under this section and no claim for payment by a person entitled under this section is pending, the amount payable escheats to the credit of the Employees' Life Insurance Fund.
(e)(1) Any amount which would otherwise be paid to a person determined under the order of precedence named by subsection (a) shall be paid (in whole or in part) by the Office to another person if and to the extent expressly provided for in the terms of any court decree of divorce, annulment, or legal separation, or the terms of any court order or court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation.
(2) For purposes of this subsection, a decree, order, or agreement referred to in paragraph (1) shall not be effective unless it is received, before the date of the covered employee's death, by the employing agency or, if the employee has separated from service, by the Office.
(3) A designation under this subsection with respect to any person may not be changed except—
(A) with the written consent of such person, if received as described in paragraph (2); or
(B) by modification of the decree, order, or agreement, as the case may be, if received as described in paragraph (2).
(4) The Office shall prescribe any regulations necessary to carry out this subsection, including regulations for the application of this subsection in the event that two or more decrees, orders, or agreements, are received with respect to the same amount.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 17, 1954, ch. 752, §4, Aug. 28, 1962, |
In subsection (c), the words "Employees' Life Insurance Fund" are substituted for "fund created pursuant to
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8705(a) | 5 App.: 2093. | Mar. 23, 1966, |
In subsection (a), "Civil Service Commission" is substituted for "Commission" on authority of former
In subsection (c), "Commission" is substituted for "Civil Service Commission" for consistency of style. The full title of the Commission is set forth the first time it is used in a section.
Amendments
1998—Subsec. (a).
Subsec. (e).
1978—Subsec. (a).
Subsec. (c).
Effective Date of 1978 Amendments
Amendment by
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8706. Termination of insurance; assignment of ownership
(a) A policy purchased under this chapter shall contain a provision, approved by the Office of Personnel Management, to the effect that insurance of an employee stops on his separation from the service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Justices and judges of the United States described in section 8701(a)(5)(ii) and (iii) of this chapter are deemed to continue in active employment for purposes of this chapter.
(b)(1) In the case of any employee who retires on an immediate annuity and has been insured under this chapter throughout—
(A) the 5 years of service immediately preceding the date of the employee's retirement, or
(B) the full period or periods of service during which the employee was entitled to be insured, if fewer than 5 years,
life insurance, without accidental death and dismemberment insurance, may be continued, under conditions determined by the Office.
(2) In the case of any employee who becomes entitled to receive compensation under subchapter I of
(A) the 5 years of service immediately preceding the date the employee becomes entitled to compensation, or
(B) the full period or periods of service during which the employee was entitled to be insured, if fewer than 5 years,
life insurance, without accidental death and dismemberment insurance, may be continued, under conditions determined by the Office, during the period the employee is receiving compensation and is held by the Secretary of Labor or the Secretary's delegate to be unable to return to duty.
(3) The amount of life insurance continued under paragraph (1) or (2) of this subsection shall be continued, with or without reduction, at the end of each full calendar month after the date the employee becomes 65 years of age and is retired or is receiving compensation for disease or injury, in accordance with the employee's written election at the time eligibility to continue insurance during retirement or receipt of compensation arises, as follows:
(A) the employee may elect to have the deductions required by
(B) in addition to any deductions which would be required if the insurance were continued as provided under subparagraph (A) of this paragraph, the employee may elect continuous withholdings from annuity or compensation in amounts determined by the Office, and the employee's life insurance coverage shall be either continued without reduction or reduced each month by no more than 1 percent of its face value until no less than 50 percent of the amount of insurance in force before the first reduction remains.
(4) If an employee elects to continue insurance under subparagraph (B) of paragraph (3) of this subsection at the time eligibility to continue insurance during retirement or receipt of compensation for disease or injury arises, the individual may later cancel that election and life insurance coverage shall continue as if the individual had originally elected coverage under subparagraph (A) of paragraph (3) of this subsection.
(c) Notwithstanding subsections (a) and (b) of this section, an employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees as defined by
(d) If the insurance of an employee stops because of separation from the service or suspension without pay, and the separation or suspension is thereafter officially found to have been erroneous, the employee is deemed to have been insured during the period of erroneous separation or suspension. Deductions otherwise required by
(e)(1) Under regulations prescribed by the Office, each policy purchased under this chapter shall provide that an insured employee or former employee may make an irrevocable assignment of the employee's or former employee's incidents of ownership in the policy.
(2) A court decree of divorce, annulment, or legal separation, or the terms of a court-approved property settlement agreement incident to any court decree of divorce, annulment, or legal separation, may direct that an insured employee or former employee make an irrevocable assignment of the employee's or former employee's incidents of ownership in insurance under this chapter (if there is no previous assignment) to the person specified in the court order or court-approved property settlement agreement.
(f) If the insurance of a former employee receiving a disability annuity under
(g) The insurance of an employee under a policy purchased under section 8709 shall not be invalidated based on a finding that the employee erroneously became insured, or erroneously continued insurance upon retirement or entitlement to compensation under subchapter I of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a)–(c) | Aug. 17, 1954, ch. 752, §6, |
|
May 28, 1956, ch. 328, §1, |
||
Sept. 23, 1959, |
||
(d) | Aug. 1, 1956, ch. 837, §501(c)(1) (less applicability to §2(b)), |
In subsection (b), the words "armed forces" are coextensive with and substituted for "Army, Navy, Air Force, and Marine Corps, or Coast Guard of the United States" in view of the definition of "armed forces" in section 2101.
In subsection (c), the word "only" is supplied for clarity and for consistency with subsection (b). The words "under conditions determined by the Commission, without cost to him" are coextensive with and substituted for "as provided in subsection (b) of this section".
In subsection (d), the first sentence of former section 2091(c) is omitted as unnecessary as the definition of "employee" in section 8701 precludes acquisition of coverage by a member of a uniformed service. The words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8706(e) | 5 App.: 2095(d). | July 18, 1966, |
The words "subsections (a)–(c) of this section" are substituted for "the foregoing" to reflect the codification of former
Amendments
1998—Subsec. (e).
Subsec. (g).
1994—Subsec. (e).
1992—Subsecs. (f), (g).
1986—Subsec. (a).
Subsecs. (c) to (f).
1985—Subsec. (g).
1984—
Subsec. (f).
1980—Subsec. (b).
"(1) If on the date the insurance would otherwise stop the employee retires on an immediate annuity and has been insured under this chapter throughout—
"(A) the 5 years of service immediately preceding such date, or
"(B) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,
life insurance only may be continued, without cost to the employee, under conditions determined by the Office.
"(2) If on the date the insurance would otherwise stop the employee is receiving compensation under subchapter I of
"(A) the 5 years of service immediately preceding such date, or
"(B) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,
life insurance only may be continued, without cost to the employee, under conditions determined by the Office, during the period the employee is receiving compensation for work injuries and is held by the Secretary of Labor or his delegate to be unable to return to duty.
"(3) The amount of life insurance continued under paragraph (1) or paragraph (2) of this subsection shall be reduced by 2 percent at the end of each full calendar month after the date the employee becomes 65 years of age and is retired or is receiving such compensation for disease or injury. The Office shall prescribe minimum amounts, not less than 25 percent of the amount of life insurance in force before the first reduction, to which the insurance may be reduced."
1978—Subsec. (a).
Subsec. (b).
"(1) his retirement is for disability; or
"(2) he has completed 12 years of creditable service as determined by the Commission;
his life insurance only may be continued, without cost to him, under conditions determined by the Commission. Periods of honorable, active service in the armed forces shall be credited toward the required 12 years if the employee has completed at least 5 years of civilian service. The amount of life insurance continued under this subsection shall be reduced by 2 percent at the end of each full calendar month after the date the employee becomes 65 years of age or retires, whichever is later. The Commission may prescribe minimum amounts, not less than 25 percent of the amount of life insurance in force before the first reduction, to which the insurance may be reduced."
Subsec. (c).
Subsec. (d).
Subsecs. (e), (f).
1972—Subsec. (f).
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1986 Amendments
Section 207 of
Amendment by
Effective Date of 1984 Amendment
Section 209 of
"(a) Except as provided in subsection (b), the amendments made by this Act to
"(b) If a company which issued a policy which is in effect on the date of the enactment of this Act agrees, the amendments made by this Act [probably should be 'made by this Act to
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendments
Section 3 of
Amendment by
Insurance Coverage for Restored Disability Annuitants
Section 3(c) of
"(1) The amendments made by this section [amending this section and
"(2)(A) The Office of Personnel Management shall notify each individual under subparagraph (B) of any rights which such individual may have under section 8706(g) or
"(B) Notification under this paragraph shall be provided to any individual who, as of the 90th day after the date of enactment of this Act [June 17, 1985], is receiving a disability annuity which was restored to such individual under
"(3)(A) Nothing in this section shall be construed to authorize—
"(i) coverage under
"(ii) coverage under
"(B) This paragraph applies with respect to any individual receiving a disability annuity which is or was restored under
Election of Life Insurance or Health Benefits During Period of Service as Officer or Employee of an Employee Organization; Contributions Into Employees Life Insurance Fund or Employees Health Benefits Fund, Non-Election; Regulations
[Provision effective July 18, 1966, see section 410(1) of
Section Referred to in Other Sections
This section is referred to in
§8707. Employee deductions; withholding
(a) Subject to subsection (c)(2), during each period in which an employee is insured under a policy purchased by the Office of Personnel Management under
(b)(1) Subject to subsection (c)(2), whenever life insurance continues after an employee retires on an immediate annuity or while the employee is receiving compensation under subchapter I of
(2) Notwithstanding paragraph (1) of this subsection, insurance shall be so continued without cost (other than as provided under section 8706(b)(3)(B)) to each employee who so retires, or commences receiving compensation, on or before December 31, 1989.
(c)(1) The amount withheld from the pay, annuity, or compensation of each employee subject to insurance deductions shall be at the rate, adjusted to the nearest half-cent, of 662/3 percent of the level cost as determined by the Office for each $1,000 of the employee's basic insurance amount.
(2) An employee who is subject to withholdings under this section and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue insurance if the employee arranges to pay currently into the Employees' Life Insurance Fund, through the agency or retirement system that administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this section.
(d) If an agency fails to withhold the proper amount of life insurance deductions from an individual's salary, compensation, or retirement annuity, the collection of unpaid deductions may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of unpaid deductions, the agency shall submit an amount equal to the sum of the uncollected deductions and related agency contributions required under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 17, 1954, ch. 752, §5(a) (1st par.), Sept. 23, 1959, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsec. (a).
Subsec. (b)(1).
Subsec. (c).
1980—Subsec. (a).
Subsec. (b).
Subsec. (c).
Subsec. (d).
1978—
1967—
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Retroactive Effect of 1967 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8708. Government contributions
(a) For each period in which an employee is insured under a policy of insurance purchased by the Office of Personnel Management under
(b) When an employee is paid by the Chief Administrative Officer of the House of Representatives, the Chief Administrative Officer may contribute the sum required by subsection (a) of this section from the applicable accounts of the House of Representatives.
(c) When the employee is an elected official, the sum required by subsection (a) of this section is contributed from an appropriation or fund available for payment of other salaries of the same office or establishment.
(d)(1) Except as otherwise provided in this subsection, for each period in which an employee continues life insurance after retirement or while in receipt of compensation under subchapter I of
(2) Contributions under this subsection—
(A) shall not be made other than with respect to individuals who retire, or commence receiving compensation, after December 31, 1989;
(B) shall not be made with respect to any individual for months after the calendar month in which such individual becomes 65 years of age; and
(C) shall, in the case of any individual who elects coverage under subparagraph (B) of
(3) The United States Postal Service shall pay the contributions required under this subsection with respect to any individual who—
(A) first becomes an annuitant by reason of retirement from employment with the United States Postal Service after December 31, 1989; or
(B) commences receiving compensation under subchapter I of
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a), (c) | Aug. 17, 1954, ch. 752, §5(b), |
|
(b) | Aug. 5, 1955, ch. 568, §101 (4th par. under "Administrative Provisions"), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (b).
1990—Subsec. (d).
1978—Subsec. (a).
1967—Subsec. (a).
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1967 Amendment
Amendment by
Retroactive Effect of 1967 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8709. Insurance policies
(a) The Office of Personnel Management, without regard to
(1) It must be licensed to transact life and accidental death and dismemberment insurance under the laws of 48 of the States and the District of Columbia.
(2) It must have in effect, on the most recent December 31 for which information is available to the Office, an amount of employee group life insurance equal to at least 1 percent of the total amount of employee group life insurance in the United States in all life insurance companies.
(b) A company issuing a policy under subsection (a) of this section shall establish an administrative office under a name approved by the Office.
(c) The Office at any time may discontinue a policy purchased from a company under subsection (a) of this section.
(d)(1) The provisions of any contract under this chapter which relate to the nature or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any law of any State or political subdivision thereof, or any regulation issued thereunder, which relates to group life insurance to the extent that the law or regulation is inconsistent with the contractual provisions.
(2) For the purpose of this section, "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and a territory or possession of the United States.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 17, 1954, ch. 752, §7 (less (c)–(e)), |
In subsection (a), the words "as determined by it" are omitted as unnecessary.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1980—Subsec. (d).
1978—Subsecs. (a) to (c).
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8710. Reinsurance
(a) The Office of Personnel Management shall arrange with a company issuing a policy under this chapter for the reinsurance, under conditions approved by the Office, of portions of the total amount of insurance under the policy, determined under this section, with other life insurance companies which elect to participate in the reinsurance.
(b) The Office shall determine for and in advance of a policy year which companies are eligible to participate as reinsurers and the amount of insurance under a policy which is to be allocated to the issuing company and to reinsurers. The Office shall make this determination at least every 3 years and when a participating company withdraws.
(c) The Office shall establish a formula under which the amount of insurance retained by an issuing company after ceding reinsurance, and the amount of reinsurance ceded to each reinsurer, is in proportion to the total amount of each company's group life insurance, excluding insurance purchased under this chapter, in force in the United States on the determination date, which is the most recent December 31 for which information is available to the Office. In determining the proportions, the portion of a company's group life insurance in force on the determination date in excess of $100,000,000 shall be reduced by—
(1) 25 percent of the first $100,000,000 of the excess;
(2) 50 percent of the second $100,000,000 of the excess;
(3) 75 percent of the third $100,000,000 of the excess; and
(4) 95 percent of the remaining excess.
However, the amount retained by or ceded to a company may not exceed 25 percent of the amount of the company's total life insurance in force in the United States on the determination date.
(d) A fraternal benefit association which is—
(1) licensed to transact life insurance under the laws of a State or the District of Columbia; and
(2) engaged in issuing insurance certificates on the lives of employees of the United States exclusively;
is eligible to act as a reinsuring company and may be allocated an amount of reinsurance equal to 25 percent of its total life insurance in force on employees of the United States on the determination date named by subsection (c) of this section.
(e) An issuing company or reinsurer is entitled, as a minimum, to be allocated an amount of insurance under the policy equal to any reduction from December 31, 1953, to the determination date, in the amount of the company's group life insurance under policies issued to associations of employees of the United States. However, any increase under this subsection in the amount allocated is reduced by the amount in force on the determination date of any policy covering life insurance agreements assumed by the Office.
(f) The Office may modify the computations under this section as necessary to carry out the intent of this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 17, 1954, ch. 752, §7(c)–(e), |
The section is reorganized to clarify the steps in the computation of the insurance allocable to issuing and reinsuring companies.
In subsections (c) and (d), references to the first determination date, December 31, 1953, are omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Subsecs. (a) to (c), (e), (f).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8711. Basic tables of premium rates
(a) A policy purchased under this chapter shall include, for the first policy year, basic tables of premium rates as follows:
(1) For group life insurance, a schedule of basic premium rates by age which the Office of Personnel Management determines to be consistent with the lowest schedule of basic premium rates generally charged for new group life insurance policies issued to large employers.
(2) For group accidental death and dismemberment insurance, a basic premium rate which the Office determines is consistent with the lowest rate generally charged for new group accidental death and dismemberment policies issued to large employers.
The schedule for group life insurance, except as otherwise provided by this section, shall be applied to the distribution by age of the amounts of group life insurance under the policy at its date of issuance to determine an average basic premium rate per $1,000 of life insurance.
(b) The policy shall provide that the basic premium rates determined for the first policy year continue for later policy years except as readjusted for a later year based on experience under the policy. The company issuing the policy may make the readjustment on a basis that the Office determines in advance of the policy year is consistent with the general practice of life insurance companies under policies of group life and group accidental death and dismemberment insurance issued to large employers.
(c) The policy shall provide that if the Office determines that ascertaining the actual age distribution of the amounts of group life insurance in force at the date of issue of the policy or at the end of the first or any later year of insurance thereunder would not be possible except at a disproportionately high expense, the Office may approve the determination of a tentative average group life premium rate, for the first or any later policy year, instead of using the actual age distribution. The Office, on request by the company issuing the policy, shall redetermine the tentative average premium rate during any policy year, if experience indicates that the assumptions made in determining that rate were incorrect for that year.
(d) The policy shall stipulate the maximum expense and risk charges for the first policy year. The Office shall determine these charges on a basis consistent with the general level of charges made by life insurance companies under policies of group life and accidental death and dismemberment insurance issued to large employers. The maximum charges continue from year to year, except that the Office may redetermine them for any year either by agreement with the company issuing the policy or on written notice given to the company at least 1 year before the beginning of the year for which the redetermined maximum charges will be effective.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 17, 1954, ch. 752, §8 (less (d)), |
In subsection (a), the word "policy" is substituted for "policy or policies" on authority of
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—Subsecs. (a) to (d).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8712. Annual accounting; special contingency reserve
A policy purchased under this chapter shall provide for an accounting to the Office of Personnel Management not later than 90 days after the end of each policy year. The accounting shall set forth, in a form approved by the Office—
(1) the amounts of premiums actually accrued under the policy from its date of issue to the end of the policy year;
(2) the total of all mortality and other claim charges incurred for that period; and
(3) the amounts of the insurers' expense and risk charges for that period.
An excess of the total of paragraph (1) of this section over the sum of paragraphs (2) and (3) of this section shall be held by the company issuing the policy as a special contingency reserve to be used by the company only for charges under the policy. The reserve shall bear interest at a rate determined in advance of each policy year by the company and approved by the Office as being consistent with the rate generally used by the company for similar funds held under other group life insurance policies. When the Office determines that the special contingency reserve has attained an amount estimated by it to make satisfactory provision for adverse fluctuations in future charges under the policy, any further excess shall be deposited in the Treasury of the United States to the credit of the Employees' Life Insurance Fund. When a policy is discontinued, any balance remaining in the special contingency reserve after all charges have been made shall be deposited in the Treasury to the credit of the Fund. The company may make the deposit in equal monthly installments over a period of not more than 2 years.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 17, 1954, ch. 752, §8(d), |
The words "A policy purchased under this chapter" are substituted for "Each such policy" for clarity. The word "insurance", preceding the word "company", is omitted as unnecessary; and the word "company" is substituted for "company or companies" on authority of
The words "Employees' Life Insurance Fund" are substituted for "fund".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8713. Effect of other statutes
Any provision of law outside of this chapter provides coverage or any other benefit under this chapter to any individuals who (based on their being employed by an entity other than the Government) would not otherwise be eligible for any such coverage or benefit shall not apply with respect to any individual appointed, transferred, or otherwise commencing that type of employment on or after October 1, 1988.
(Added
Prior Provisions
A prior section 8713,
Section Referred to in Other Sections
This section is referred to in title 22 section 6103; title 25 section 450i.
§8714. Employees' Life Insurance Fund
(a) The amounts withheld from employees under
(1) premium payments under an insurance policy purchased under this chapter; and
(2) expenses incurred by the Office of Personnel Management in the administration of this chapter within the limitations that may be specified annually by appropriation acts.
(b) The Secretary of the Treasury may invest and reinvest any of the money in the Fund in interest-bearing obligations of the United States, and may sell these obligations for the purposes of the Fund. The interest on and the proceeds from the sale of these obligations, and the income derived from dividend or premium rate adjustments from insurers, become a part of the Fund.
(c)(1) No tax, fee, or other monetary payment may be imposed or collected by any State, the District of Columbia, or the Commonwealth of Puerto Rico, or by any political subdivision or other governmental authority thereof, on, or with respect to, any premium paid under an insurance policy purchased under this chapter.
(2) Paragraph (1) of this subsection shall not be construed to exempt any company issuing a policy of insurance under this chapter from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by that company from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 17, 1954, ch. 752, §5(c) (less applicability to §10), Aug. 11, 1955, ch. 794, §1(a) "(c) (less applicability to §10)", (b), |
||
Apr. 11, 1958, |
In subsection (a), the words "of the Employees' Life Insurance Fund" are substituted for "of a fund which is hereby created". The proviso which made appropriations available to the Commission for salaries and expenses for the fiscal year 1955 available on a reimbursable basis for necessary administrative expenses for carrying out the purposes of this chapter is omitted as executed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1980—Subsec. (c).
1978—Subsec. (a)(2).
Effective Date of 1980 Amendment
Section 405(b) of
Effective Date of 1978 Amendment
Amendment by
Funding
Section Referred to in Other Sections
This section is referred to in
§8714a. Optional insurance
(a) Under the conditions, directives, and terms specified in
(b) The optional life insurance and accidental death and dismemberment insurance shall be made available to each insured employee under such conditions as the Office shall prescribe and in amounts approved by the Office but not more than the greater of $10,000 or an amount which, when added to the amount provided in
(c)(1) Except as otherwise provided in this subsection, the optional insurance on an employee stops on his separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office.
(2)(A) In the case of any employee who retires on an immediate annuity and has been insured under this section throughout—
(i) the 5 years of service immediately preceding the date of such retirement, or
(ii) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,
the amount of optional life insurance only which has been in force throughout such period may be continued, under conditions determined by the Office.
(B) In the case of any employee who becomes entitled to receive compensation under subchapter I of
(i) the 5 years of service immediately preceding the date such employee becomes entitled to such compensation, or
(ii) the full period or periods of service during which the employee was entitled to be insured, if less than 5 years,
the amount of optional life insurance only which has been in force throughout such period may be continued, under conditions determined by the Office, during the period the employee is receiving such compensation for disease or injury and is held by the Secretary of Labor or his delegate to be unable to return to duty.
(C) The amount of optional life insurance continued under subparagraph (A) or subparagraph (B) of this paragraph shall be reduced by 2 percent at the end of each full calendar month after the date the employee becomes 65 years of age and is retired or is receiving compensation for disease or injury. The Office shall prescribe minimum amounts, not less than 25 percent of the amount of life insurance in force before the first reduction, to which the insurance may be reduced.
(3) Notwithstanding paragraph (c)(1) of this section,1 a justice or judge of the United States as defined by
(d)(1) During each period in which an employee has the optional insurance the full cost thereof shall be withheld from his pay. During each period in which an employee continues optional life insurance after retirement or while in receipt of compensation for work injuries, as provided in
(2) If an agency fails to withhold the proper cost of optional insurance from an individual's salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees' Life Insurance Fund.
(3) Notwithstanding paragraph (1), an employee who is subject to withholdings under this subsection and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue optional insurance if the employee arranges to pay currently into the Employees' Life Insurance Fund, through the agency or retirement system which administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this subsection.
(e) The cost of the optional insurance shall be determined from time to time by the Office on the basis of such age groups as it considers appropriate.
(f) The amount of optional life, or life and accidental death, insurance in force on an employee at the date of his death shall be paid as provided in
(Added
Amendments
1998—Subsec. (d)(3).
1986—Subsec. (c)(1).
1984—Subsec. (c)(1).
Subsec. (c)(3).
1980—Subsec. (c)(2)(C).
Subsec. (d).
1978—Subsecs. (a), (b).
Subsec. (c)(1).
Subsec. (c)(2).
"(A) the full period or periods of service during which the optional insurance was available to him; or
"(B) the 12 years of service immediately preceding his retirement or beginning date of entitlement to compensation for work injuries and during which the optional insurance was available to him;
whichever is shorter, may be continued—
"(A) after retirement, under the same conditions (except with respect to cost but including reduction of the amount continued) as provided in
"(B) while in receipt of compensation for work injuries under the same conditions (except with respect to cost) as provided in
Subsec. (d).
Subsec. (e).
Effective Date of 1998 Amendment
Amendment by
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Effective Date
Section 405(b) of
"(1) The amendments made by section 404 of this Act [enacting this section and amending analysis preceding
"(2) In the case of an employee in the service on the effective date prescribed by or pursuant to this subsection, (i) the period during which such employee may elect to receive optional insurance under the amendment made by section 404 shall not expire prior to the sixtieth day after such effective date, and (ii) for the purpose of determining the amount of insurance to be continued after retirement, the period during which such optional insurance was available to such employee shall not be considered to have commenced prior to the expiration of sixty days following such effective date."
Retroactive Effect
Enactment of this section by
Availability of Certain Funds in Employees' Life Insurance Fund
Section 11 of
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "paragraph (1) of this subsection,".
§8714b. Additional optional life insurance
(a) Under the conditions, directives, and terms specified in
(b) The additional optional insurance provided under this section shall be made available to each eligible employee who has elected coverage under this section, under conditions the Office shall prescribe, in multiples, at the employee's election, of 1, 2, 3, 4, or 5 times the annual rate of basic pay payable to the employee (rounded to the next higher multiple of $1,000). An employee may reduce or stop coverage elected pursuant to this section at any time.
(c)(1) Except as otherwise provided in this subsection, the additional optional insurance elected by an employee pursuant to this section shall stop on separation from service or 12 months after discontinuance of his pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Justices and judges of the United States described in section 8701(a)(5)(ii) and (iii) of this chapter are deemed to continue in active employment for purposes of this chapter. A justice or judge of the United States as defined by
(2) In the case of any employee who retires on an immediate annuity or who becomes entitled to receive compensation under subchapter I of
(A) the 5 years of service immediately preceding the date of retirement or entitlement to compensation, or
(B) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,
may be continued under conditions determined by the Office after retirement or while the employee is receiving compensation under subchapter I of
(3) The amount of additional optional insurance continued under paragraph (2) shall be continued, with or without reduction, in accordance with the employee's written election at the time eligibility to continue insurance during retirement or receipt of compensation arises, as follows:
(A) The employee may elect to have withholdings cease in accordance with subsection (d), in which case—
(i) the amount of additional optional insurance continued under paragraph (2) shall be reduced each month by 2 percent effective at the beginning of the second calendar month after the date the employee becomes 65 years of age and is retired or is in receipt of compensation; and
(ii) the reduction under clause (i) shall continue for 50 months at which time the insurance shall stop.
(B) The employee may, instead of the option under subparagraph (A), elect to have the full cost of additional optional insurance continue to be withheld from such employee's annuity or compensation on and after the date such withholdings would otherwise cease pursuant to an election under subparagraph (A), in which case the amount of additional optional insurance continued under paragraph (2) shall not be reduced, subject to paragraph (4).
(C) An employee who does not make any election under the preceding provisions of this paragraph shall be treated as if such employee had made an election under subparagraph (A).
(4) If an employee makes an election under paragraph (3)(B), that individual may subsequently cancel such election, in which case additional optional insurance shall be determined as if the individual had originally made an election under paragraph (3)(A).
(5)(A) An employee whose additional optional insurance under this section would otherwise stop in accordance with paragraph (1) and who is not eligible to continue insurance under paragraph (2) may elect, under conditions prescribed by the Office of Personnel Management, to continue all or a portion of so much of the additional optional insurance as has been in force for not less than—
(i) the 5 years of service immediately preceding the date of the event which would cause insurance to stop under paragraph (1); or
(ii) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,
at group rates established for purposes of this section, in lieu of conversion to an individual policy. The amount of insurance continued under this paragraph shall be reduced by 50 percent effective at the beginning of the second calendar month after the date the employee or former employee attains age 70 and shall stop at the beginning of the second calendar month after attainment of age 80, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office. Alternatively, insurance continued under this paragraph may be reduced or stopped at any time the employee or former employee elects.
(B) When an employee or former employee elects to continue additional optional insurance under this paragraph following separation from service or 12 months without pay, the insured individual shall submit timely payment of the full cost thereof, plus any amount the Office determines necessary to cover associated administrative expenses, in such manner as the Office shall prescribe by regulation. Amounts required under this subparagraph shall be deposited, used, and invested as provided under section 8714 and shall be reported and accounted for together with amounts withheld under section 8714a(d).
(C)(i) Subject to clause (ii), no election to continue additional optional insurance may be made under this paragraph 3 years after the effective date of this paragraph.
(ii) On and after the date on which an election may not be made under clause (i), all additional optional insurance under this paragraph for former employees shall terminate, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Office.
(d)(1) During each period in which the additional optional insurance is in force on an employee the full cost thereof shall be withheld from the employee's pay. During each period in which an employee continues additional optional insurance after retirement or while in receipt of compensation under subchapter I of
(2) If an agency fails to withhold the proper cost of additional optional insurance from an individual's salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees' Life Insurance Fund.
(3) Notwithstanding paragraph (1), an employee who is subject to withholdings under this subsection and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue additional optional insurance if the employee arranges to pay currently into the Employees' Life Insurance Fund, through the agency or retirement system which administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this subsection.
(e) The cost of the additional optional insurance shall be determined from time to time by the Office on the basis of the employee's age relative to such age groups as the Office establishes under
(f) The amount of additional optional life insurance in force on an employee at the date of his death shall be paid as provided in
(Added
Amendments
1998—Subsec. (b).
Subsec. (c)(2).
Subsec. (c)(3) to (5).
Subsec. (d)(1).
Subsec. (d)(3).
1986—Subsec. (c)(1).
1984—Subsec. (c)(1).
Effective Date of 1998 Amendment
Amendment by sections 3(2) and 6(3) of
Effective Date of 1986 Amendments
Amendment by
Amendment by
Effective Date
Section effective on first day of first pay period which begins on or after 180th day following Oct. 10, 1980, or on any earlier date that Office may prescribe which is at least 60 days after Oct. 10, 1980, and shall have no effect in case of an employee who died, was finally separated, or retired before effective date, see section 10(d) of
Report to Congress
Section Referred to in Other Sections
This section is referred to in
§8714c. Optional life insurance on family members
(a) Under the conditions, directives, and terms specified in
(b)(1) The optional life insurance on family members provided under this section shall be made available to each eligible employee who has elected coverage under this section, under conditions the Office shall prescribe, in multiples, at the employee's election, of 1, 2, 3, 4, or 5 times—
(A) $5,000 for a spouse; and
(B) $2,500 for each child described under section 8701(d).
(2) An employee may reduce or stop coverage elected pursuant to this section at any time.
(c)(1) Except as otherwise provided in this subsection, the optional life insurance on family members shall stop at the earlier of the employee's death, the employee's separation from the service, or 12 months after discontinuance of pay, subject to a provision for temporary extension of life insurance coverage and for conversion to individual policies of life insurance under conditions approved by the Office.
(2) In the case of any employee who retires on an immediate annuity or who becomes entitled to receive compensation under subchapter I of
(A) the 5 years of service immediately preceding the date of retirement or entitlement to compensation, or
(B) the full period or periods of service during which the insurance was available to the employee, if fewer than 5 years,
optional life insurance on family members may be continued under the same conditions as provided in section 8714b(c)(2) through (4).
(d)(1) During each period in which the optional life insurance on family members is in force the full cost thereof shall be withheld from the employee's pay. During each period in which an employee continues optional life insurance on family members after retirement or while in receipt of compensation under subchapter I of
(2) If an agency fails to withhold the proper cost of optional life insurance on family members from an individual's salary, compensation, or retirement annuity, the collection of amounts properly due may be waived by the agency if, in the judgment of the agency, the individual is without fault and recovery would be against equity and good conscience. However, if the agency so waives the collection of any unpaid amount, the agency shall submit an amount equal to the uncollected amount to the Office for deposit to the Employees' Life Insurance Fund.
(3) Notwithstanding paragraph (1), an employee who is subject to withholdings under this subsection and whose pay, annuity, or compensation is insufficient to cover such withholdings may nevertheless continue optional life insurance on family members if the employee arranges to pay currently into the Employees' Life Insurance Fund, through the agency or retirement system that administers pay, annuity, or compensation, an amount equal to the withholdings that would otherwise be required under this subsection.
(e) The cost of the optional life insurance on family members shall be determined from time to time by the Office on the basis of the employee's age relative to such age groups as the Office establishes under
(f) The amount of optional life insurance which is in force under this section on a family member of an employee or former employee on the date of the death of the family member shall be paid, on the establishment of a valid claim by the employee, to such employee or, in the event of the death of the employee before payment can be made, to the person or persons entitled to the group life insurance in force on the employee under
(Added
Amendments
1998—Subsec. (b).
Subsec. (c)(2).
Subsec. (d)(1).
Subsec. (d)(3).
1986—Subsec. (c)(1).
1984—Subsec. (c)(1).
Effective Date of 1998 Amendment
Amendment by section 6(4) of
Effective Date of 1986 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date
Section effective on first day of first pay period which begins on or after 180th day following Oct. 10, 1980, or on any earlier date that Office may prescribe which is at least 60 days after Oct. 10, 1980, and shall have no effect in case of an employee who died, was finally separated, or retired before effective date, see section 10(d) of
Section Referred to in Other Sections
This section is referred to in
§8714d. Option to receive "living benefits"
(a) For the purpose of this section, an individual shall be considered to be "terminally ill" if such individual has a medical prognosis that such individual's life expectancy is 9 months or less.
(b) The Office of Personnel Management shall prescribe regulations under which any individual covered by group life insurance under section 8704(a) may, if such individual is terminally ill, elect to receive a lump-sum payment equal to—
(1) the full amount of insurance under section 8704(a) (or portion thereof designated for this purpose under subsection (d)(4)) which would otherwise be payable under this chapter (on the establishment of a valid claim)—
(A) computed based on a date determined under regulations of the Office (but not later than 30 days after the date on which the individual's application for benefits under this section is approved or deemed approved under subsection (d)(3)); and
(B) assuming continued coverage under this chapter at that time;
reduced by
(2) an amount necessary to assure that there is no increase in the actuarial value of the benefit paid (as determined under regulations of the Office).
(c)(1) If a lump-sum payment is taken under this section—
(A) no insurance under the provisions of section 8704(a) or (b) shall be payable based on the death or any loss of the individual involved, unless the lump-sum payment represents only a portion of the total benefits which could have been taken, in which case benefits under those provisions shall remain in effect, except that the basic insurance amount on which they are based—
(i) shall be reduced by the percentage which the designated portion comprised relative to the total benefits which could have been taken (rounding the result to the nearest multiple of $1,000 or, if midway between multiples of $1,000, to the next higher multiple of $1,000); and
(ii) shall not be subject to further adjustment; and
(B) deductions and withholdings under section 8707, and contributions under section 8708, shall be terminated with respect to such individual (or reduced in a manner consistent with the percentage reduction in the individual's basic insurance amount, if applicable), effective with respect to any amounts which would otherwise become due on or after the date of payment under this section.
(2) An individual who takes a lump-sum payment under this section (whether full or partial) remains eligible for optional benefits under sections 8714a–8714c (subject to payment of the full cost of those benefits in accordance with applicable provisions of the section or sections involved, to the same extent as if no election under this section had been made).
(d)(1) The Office's regulations shall include provisions regarding the form and manner in which an application under this section shall be made and the procedures in accordance with which any such application shall be considered.
(2) An application shall not be considered to be complete unless it includes such information and supporting evidence as the regulations require, including certification by an appropriate medical authority as to the nature of the individual's illness and that the individual is not expected to live more than 9 months because of that illness.
(3)(A) In order to ascertain the reliability of any medical opinion or finding submitted as part of an application under this section, the covered individual may be required to submit to a medical examination under the direction of the agency or entity considering the application. The individual shall not be liable for the costs associated with any examination required under this subparagraph.
(B) Any decision by the reviewing agency or entity with respect to an application for benefits under this section (including one relating to an individual's medical prognosis) shall not be subject to administrative review.
(4)(A) An individual making an election under this section may designate that only a limited portion (expressed as a multiple of $1,000) of the total amount otherwise allowable under this section be paid pursuant to such election.
(B) A designation under this paragraph may not be made by an individual described in paragraph (1) or (2) of section 8706(b).
(5) An election to receive benefits under this section shall be irrevocable, and not more than one such election may be made by any individual.
(6) The regulations shall include provisions to address the question of how to apply section 8706(b)(3)(B) in the case of an electing individual who has attained 65 years of age.
(Added
Effective Date of 1994 Amendment
§8715. Jurisdiction of courts
The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States founded on this chapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Aug. 17, 1954, ch. 752, §14 (less applicability to §10), |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1992—
1982—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
§8716. Regulations
(a) The Office of Personnel Management may prescribe regulations necessary to carry out the purposes of this chapter.
(b) The regulations of the Office may prescribe the time at which and the conditions under which an employee is eligible for coverage under this chapter. The Office, after consulting the head of the agency or other employing authority concerned, may exclude an employee on the basis of the nature and type of his employment or conditions pertaining to it, such as short-term appointment, seasonal, intermittent employment, and employment of like nature. The Office may not exclude—
(1) an employee or group of employees solely on the basis of the hazardous nature of employment;
(2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by
(3) an employee who is occupying a position on a part-time career employment basis (as defined in
(c) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this chapter to an individual named by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Aug. 17, 1954, ch. 752, §11 (less applicability to §10), |
|
(b), (c) | Aug. 17, 1954, ch. 752, §2(a) (words between 6th and 7th commas of 1st sentence and 2d sentence), July 1, 1960, |
|
Oct. 6, 1964, |
In subsection (a), the words "Except as otherwise provided herein" are omitted as unnecessary since the authority to prescribe regulations is carried into this section.
In subsection (b), the words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1978—Subsec. (a).
Subsec. (b).
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
CHAPTER 89 —HEALTH INSURANCE
Amendments
1998—
1988—
1985—
1984—
1976—
Chapter Referred to in Other Sections
This chapter is referred to in
§8901. Definitions
For the purpose of this chapter—
(1) "employee" means—
(A) an employee as defined by
(B) a Member of Congress as defined by
(C) a Congressional employee as defined by
(D) the President;
(E) an individual first employed by the government of the District of Columbia before October 1, 1987;
(F) an individual employed by Gallaudet College; 1
(G) an individual employed by a county committee established under
(H) an individual appointed to a position on the office staff of a former President under section 1(b) of the Act of August 25, 1958 (
(I) an individual appointed to a position on the office staff of a former President, or a former Vice President under section 4 of the Presidential Transition Act of 1963, as amended (
but does not include—
(i) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors;
(ii) an individual who is not a citizen or national of the United States and whose permanent duty station is outside the United States, unless the individual was an employee for the purpose of this chapter on September 30, 1979, by reason of service in an Executive agency, the United States Postal Service, or the Smithsonian Institution in the area which was then known as the Canal Zone;
(iii) an employee of the Tennessee Valley Authority; or
(iv) an employee excluded by regulation of the Office of Personnel Management under
(2) "Government" means the Government of the United States and the government of the District of Columbia;
(3) "annuitant" means—
(A) an employee who retires—
(i) on an immediate annuity under subchapter III of
(ii) under
(iii) for disability under subchapter III of
(iv) on an immediate annuity under a retirement system established for employees described in section 2105(c), in the case of an individual who elected under section 8347(q)(2) or 8461(n)(2) to remain subject to such a system;
(B) a member of a family who receives an immediate annuity as the survivor of an employee (including a family member entitled to an amount under section 8442(b)(1)(A), whether or not such family member is entitled to an annuity under section 8442(b)(1)(B)) or of a retired employee described by subparagraph (A) of this paragraph;
(C) an employee who receives monthly compensation under subchapter I of
(D) a member of a family who receives monthly compensation under subchapter I of
(i) an employee who dies as a result of injury or illness compensable under that subchapter; or
(ii) a former employee who is separated after having completed 5 or more years of service and who dies while receiving monthly compensation under that subchapter and who has been held by the Secretary to have been unable to return to duty;
(4) "service", as used by paragraph (3) of this section, means service which is creditable under subchapter III of
(5) "member of family" means the spouse of an employee or annuitant and an unmarried dependent child under 22 years of age, including—
(A) an adopted child or recognized natural child; and
(B) a stepchild or foster child but only if the child lives with the employee or annuitant in a regular parent-child relationship;
or such an unmarried dependent child regardless of age who is incapable of self-support because of mental or physical disability which existed before age 22;
(6) "health benefits plan" means a group insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar group arrangements provided by a carrier for the purpose of providing, paying for, or reimbursing expenses for health services;
(7) "carrier" means a voluntary association, corporation, partnership, or other nongovernmental organization which is lawfully engaged in providing, paying for, or reimbursing the cost of, health services under group insurance policies or contracts, medical or hospital service agreements, membership or subscription contracts, or similar group arrangements, in consideration of premiums or other periodic charges payable to the carrier, including a health benefits plan duly sponsored or underwritten by an employee organization and an association of organizations or other entities described in this paragraph sponsoring a health benefits plan;
(8) "employee organization" means—
(A) an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under this chapter and which, after December 31, 1978, and before January 1, 1980, applied to the Office for approval of a plan provided under
(B) an association or other organization which is national in scope, in which membership is open only to employees, annuitants, or former spouses, or any combination thereof, and which, during the 90-day period beginning on the date of enactment of
(9) "dependent", in the case of any child, means that the employee or annuitant involved is either living with or contributing to the support of such child, as determined in accordance with such regulations as the Office shall prescribe;
(10) "former spouse" means a former spouse of an employee, former employee, or annuitant—
(A) who has not remarried before age 55 after the marriage to the employee, former employee, or annuitant was dissolved,
(B) who was enrolled in an approved health benefits plan under this chapter as a family member at any time during the 18-month period before the date of the dissolution of the marriage to the employee, former employee, or annuitant, and
(C)(i) who is receiving any portion of an annuity under
(ii) as to whom a court order or decree referred to in
(iii) who is otherwise entitled to an annuity or any portion of an annuity as a former spouse under a retirement system for Government employees,
except that such term shall not include any such unremarried former spouse of a former employee whose marriage was dissolved after the former employee's separation from the service (other than by retirement); and
(11) "qualified clinical social worker" means an individual—
(A) who is licensed or certified as a clinical social worker by the State in which such individual practices; or
(B) who, if such State does not provide for the licensing or certification of clinical social workers—
(i) is certified by a national professional organization offering certification of clinical social workers; or
(ii) meets equivalent requirements (as prescribed by the Office).
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 28, 1959, July 8, 1963, |
||
Mar. 17, 1964, |
||
Aug. 31, 1964, |
||
July 1, 1960, |
The definition of "employee" in
In paragraph (1)(ii), the words "the United States" are substituted for "a State of the United States or the District of Columbia".
Paragraph (1)(iv) is added for clarity.
In paragraph (8), the words "before January 1, 1964" are substituted for "on or before December 31, 1963".
The definition of "Commission" in former section 3001(h) is omitted as unnecessary as the full title "Civil Service Commission" is set forth the first time it is used in a section.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8901(5) | 5 App.: 3001(d). | July 18, 1966, |
References in Text
Section 1(b) of the Act of August 25, 1958 (
Section 4 of the Presidential Transition Act of 1963, referred to in par. (1)(I), is section 4 of
The date of enactment of
Amendments
1998—Par. (7).
1992—Par. (3)(A)(iv).
Par. (10)(C)(ii).
1990—Par. (3)(A)(iv).
1988—Par. (1)(H), (I).
1986—Par. (1)(E).
Par. (3)(A).
Par. (3)(B).
Par. (4).
Par. (10)(C)(i).
Par. (10)(C)(ii).
Par. (11).
1985—Par. (8).
1984—Par. (10).
1980—Par. (5).
Par. (9).
1979—Par. (1).
1978—Par. (1)(iv).
Par. (3)(A).
Par. (8).
1973—Par. (1)(ii).
1970—Par. (1)(ii).
Par. (3)(B).
Par. (3)(D)(i).
Change of Name
Gallaudet College, referred to in par. (1)(F), was redesignated Gallaudet University by section 101(a) of
Effective Date of 1992 Amendment
Amendment by section 2(75)(A) of
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1986 Amendments
Amendment by
Section 105(c) of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Effective Date of 1979 Amendments
Amendment by
Amendment by
Effective Date of 1978 Amendments
Amendment by
Amendment by
Short Title of 1998 Amendment
Short Title of 1988 Amendment
Short Title of 1986 Amendment
Section 1 of
Continued Coverage for Individuals Enrolled in Plan Administered by Federal Deposit Insurance Corporation or for Employees of Board of Governors of Federal Reserve System
"(a)
"(1) in a health benefits plan administered by the Federal Deposit Insurance Corporation before the termination of such plan on or before January 2, 1999; or
"(2) subject to subsection (c), in a health benefits plan (not under
shall be deemed to be a period of enrollment in a health benefits plan under
"(b)
"(A) meets the requirements of such chapter for eligibility to become so enrolled as an employee, annuitant, or former spouse (within the meaning of such chapter); or
"(B) would meet those requirements if, to the extent such requirements involve either retirement system under such title 5, such individual satisfies similar requirements or provisions of the Retirement Plan for Employees of the Federal Reserve System.
Any determination under subparagraph (B) shall be made under guidelines which the Office of Personnel Management shall establish in consultation with the Board of Governors of the Federal Reserve System.
"(2) Subject to subsection (c), any individual who, on or before January 2, 1999, is entitled to continued coverage under a health benefits plan described in subsection (a)(1) or (2) shall be deemed to be entitled to continued coverage under
"(A) such individual had remained enrolled in such plan; and
"(B) such plan did not terminate, or the eligibility of such individual with respect to such plan did not terminate, as described in subsection (a).
"(3) Subject to subsection (c), any individual (other than an individual under paragraph (2)) who, on or before January 2, 1999, is covered under a health benefits plan described in subsection (a)(1) or (2) as an unmarried dependent child, but who does not then qualify for coverage under
"(4) Coverage under
"(c)
"(d)
"(e)
"(1) shall administer the provisions of this section to provide for—
"(A) a period of notice and open enrollment for individuals affected by this section; and
"(B) no lapse of health coverage for individuals who enroll in a health benefits plan under
"(2) may prescribe regulations to implement this section."
Continued Coverage for Individuals Enrolled in Plan Administered by Farm Credit Administration
"(a) For purposes of the administration of
"(b)(1) An individual who, on September 30, 1995, is covered by a health benefits plan administered by the Farm Credit Administration may enroll in an approved health benefits plan described under
"(A) either as an individual or for self and family, if such individual is an employee, annuitant, or former spouse as defined under section 8901 of such title; and
"(B) for coverage effective on and after September 30, 1995.
"(2) An individual who, on September 30, 1995, is entitled to continued coverage under a health benefits plan administered by the Farm Credit Administration—
"(A) shall be deemed to be entitled to continued coverage under
"(B) may enroll in an approved health benefits plan described under sections 8903 or 8903a of such title in accordance with section 8905A of such title for coverage effective on and after September 30, 1995.
"(3) An individual who, on September 30, 1995, is covered as an unmarried dependent child under a health benefits plan administered by the Farm Credit Administration and who is not a member of family as defined under
"(A) shall be deemed to be entitled to continued coverage under section 8905a of such title as though the individual had, on September 30, 1995, ceased to meet the requirements for being considered an unmarried dependent child under
"(B) may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage on and after September 30, 1995.
"(c) The Farm Credit Administration shall transfer to the Federal Employees Health Benefits Fund established under
"(d) The Office of Personnel Management—
"(1) shall administer the provisions of this section to provide for—
"(A) a period of notice and open enrollment for individuals affected by this section; and
"(B) no lapse of health coverage for individuals who enroll in a health benefits plan under
"(2) may prescribe regulations to implement this section."
Continued Coverage for Individuals Enrolled in Plan Administered by Office of the Comptroller of the Currency or Office of Thrift Supervision
"(a)
"(b)
"(A) either as an individual or for self and family, if such individual is an employee, annuitant, or former spouse as defined under section 8901 of such title; and
"(B) for coverage effective on and after January 8, 1995.
"(2) An individual who, on January 7, 1995, is entitled to continued coverage under a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision—
"(A) shall be deemed to be entitled to continued coverage under
"(B) may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a of such title for coverage effective on and after January 8, 1995.
"(3) An individual who, on January 7, 1995, is covered as an unmarried dependent child under a health benefits plan administered by the Office of the Comptroller of the Currency or the Office of Thrift Supervision and who is not a member of family as defined under
"(A) shall be deemed to be entitled to continued coverage under section 8905a of such title as though the individual had, on January 7, 1995, ceased to meet the requirements for being considered an unmarried dependent child under
"(B) may enroll in an approved health benefits plan described under section 8903 or 8903a of such title in accordance with section 8905a for continued coverage effective on and after January 8, 1995.
"(c)
"(d)
"(1) shall administer the provisions of this section to provide for—
"(A) a period of notice and open enrollment for individuals affected by this section; and
"(B) no lapse of health coverage for individuals who enroll in a health benefits plan under
"(2) may prescribe regulations to implement this section."
Continued Coverage Under Certain Federal Employee Benefit Programs for Certain Employees of Saint Elizabeths Hospital
For provisions relating to treatment of certain Federal employees of Saint Elizabeths Hospital under certain Federal employee benefit programs, see section 207(o) of
Cross References
Annual report to Congress by the Office of Personnel Management on the operation of this chapter, see
United States magistrate judges and necessary clerical and secretarial assistants employed in the offices of such full-time magistrate judges deemed officers and employees in the Federal judicial branch within meaning of this chapter, see
Section Referred to in Other Sections
This section is referred to in
1 See Change of Name note below.
§8902. Contracting authority
(a) The Office of Personnel Management may contract with qualified carriers offering plans described by
(b) To be eligible as a carrier for the plan described by
(c) A contract for a plan described by section 8903(1) or (2) of this title shall require the carrier—
(1) to reinsure with other companies which elect to participate, under an equitable formula based on the total amount of their group health insurance benefit payments in the United States during the latest year for which the information is available, to be determined by the carrier and approved by the Office; or
(2) to allocate its rights and obligations under the contract among its affiliates which elect to participate, under an equitable formula to be determined by the carrier and the affiliates and approved by the Office.
(d) Each contract under this chapter shall contain a detailed statement of benefits offered and shall include such maximums, limitations, exclusions, and other definitions of benefits as the Office considers necessary or desirable.
(e) The Office may prescribe reasonable minimum standards for health benefits plans described by
(f) A contract may not be made or a plan approved which excludes an individual because of race, sex, health status, or, at the time of the first opportunity to enroll, because of age.
(g) A contract may not be made or a plan approved which does not offer to each employee, annuitant, family member, former spouse, or person having continued coverage under
(h) The benefits and coverage made available under subsection (g) of this section are noncancelable by the carrier except for fraud, over-insurance, or nonpayment of periodic charges.
(i) Rates charged under health benefits plans described by
(j) Each contract under this chapter shall require the carrier to agree to pay for or provide a health service or supply in an individual case if the Office finds that the employee, annuitant, family member, former spouse, or person having continued coverage under
(k)(1) When a contract under this chapter requires payment or reimbursement for services which may be performed by a clinical psychologist, optometrist, nurse midwife, nursing school administered clinic, or nurse practitioner/clinical specialist, licensed or certified as such under Federal or State law, as applicable, or by a qualified clinical social worker as defined in section 8901(11), an employee, annuitant, family member, former spouse, or person having continued coverage under
(2) Nothing in this subsection shall be considered to preclude a health benefits plan from providing direct access or direct payment or reimbursement to a provider in a health care practice or profession other than a practice or profession listed in paragraph (1), if such provider is licensed or certified as such under Federal or State law.
(3) The provisions of this subsection shall not apply to comprehensive medical plans as described in
(l) The Office shall contract under this chapter for a plan described in
(m)(1) The terms of any contract under this chapter which relate to the nature, provision, or extent of coverage or benefits (including payments with respect to benefits) shall supersede and preempt any State or local law, or any regulation issued thereunder, which relates to health insurance or plans.
(2)(A) Notwithstanding the provisions of paragraph (1) of this subsection, if a contract under this chapter provides for the provision of, the payment for, or the reimbursement of the cost of health services for the care and treatment of any particular health condition, the carrier shall provide, pay, or reimburse up to the limits of its contract for any such health service properly provided by any person licensed under State law to provide such service if such service is provided to an individual covered by such contract in a State where 25 percent or more of the population is located in primary medical care manpower shortage areas designated pursuant to section 332 of the Public Health Service Act (
(B) The provisions of subparagraph (A) shall not apply to contracts entered into providing prepayment plans described in
(n) A contract for a plan described by section 8903(1), (2), or (3), or section 8903a, shall require the carrier—
(1) to implement hospitalization-cost-containment measures, such as measures—
(A) for verifying the medical necessity of any proposed treatment or surgery;
(B) for determining the feasibility or appropriateness of providing services on an outpatient rather than on an inpatient basis;
(C) for determining the appropriate length of stay (through concurrent review or otherwise) in cases involving inpatient care; and
(D) involving case management, if the circumstances so warrant; and
(2) to establish incentives to encourage compliance with measures under paragraph (1).
(o) A contract may not be made or a plan approved which includes coverage for any benefit, item, or service for which funds may not be used under the Assisted Suicide Funding Restriction Act of 1997.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 28, 1959, |
||
Mar. 17, 1964, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 1310(d)(1) of title XIII of the Public Health Service Act (
The Assisted Suicide Funding Restriction Act of 1997, referred to in subsec. (o), is
Codification
Another section 1 of title IV of
Amendments
1998—Subsec. (k)(2), (3).
Subsec. (m)(1).
1997—Subsec. (o).
1992—
"(1) When a contract under this chapter requires payment or reimbursement for services which may be performed by a clinical psychologist, optometrist, nurse midwife, or nurse practitioner/clinical specialist, licensed or certified as such under Federal or State law, as applicable, or by a qualified clinical social worker as defined in section 8901(11), an employee, annuitant, family member, former spouse, or person having continued coverage under
"(2) The provisions of this subsection shall not apply to group practice prepayment plans."
1990—Subsec. (k)(1).
Subsec. (n).
1988—Subsecs. (g), (j), (k)(1).
1987—Subsec. (k)(1).
Subsec. (k)(2), (3).
"(A) may require that the services be performed pursuant to a referral by a psychiatrist; but
"(B) may not require that the services be performed under the supervision of a psychiatrist or other health practitioner."
Subsec. (m)(2)(A).
1986—Subsec. (k).
Subsec. (m)(2)(A).
1985—Subsecs. (a), (e), (i).
1984—Subsec. (g).
Subsecs. (j), (k).
1980—Subsec. (m)(2)(A).
1978—Subsecs. (a), (c) to (e), (i), (j), (l).
Subsec. (m).
1976—Subsec. (l).
1975—Subsecs. (j), (k).
1974—Subsec. (j).
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1992 Amendment
Section 537(c) of
Effective Date of 1990 Amendment
Section 7002(g) of
Effective Date of 1988 Amendment
Section 203 of title II of
"(a)
"(1) any calendar year beginning, and contracts entered into or renewed for any calendar year beginning, after the end of the 9-month period beginning on the date of the enactment of this Act [Nov. 14, 1988]; and
"(2) any qualifying event occurring on or after the first day of the first calendar year beginning after the end of the 9-month period referred to in paragraph (1).
"(b)
"(1) A separation from Government service.
"(2) A divorce, annulment, or legal separation.
"(3) Any change in circumstances which causes an individual to become ineligible to be considered an unmarried dependent child under
Effective Date of 1986 Amendment
Amendment by section 105(b) of
Section 106(b) of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1980 Amendment
Section 5(b) of
Effective Date of 1978 Amendments
Amendment by
Section 3 of
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1974 Amendments
Section 2 of
Section 4(c) of
Full Disclosure in Health Plan Contracts
Rate Reduction for Medicare Eligible Federal Annuitants
Authority of Carrier To Contract for Comprehensive Medical Services From a Group Practice Unit or Organization
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§8902a. Debarment and other sanctions
(a)(1) For the purpose of this section—
(A) the term "provider of health care services or supplies" or "provider" means a physician, hospital, or other individual or entity which furnishes health care services or supplies;
(B) the term "individual covered under this chapter" or "covered individual" means an employee, annuitant, family member, or former spouse covered by a health benefits plan described by section 8903 or 8903a;
(C) an individual or entity shall be considered to have been "convicted" of a criminal offense if—
(i) a judgment of conviction for such offense has been entered against the individual or entity by a Federal, State, or local court;
(ii) there has been a finding of guilt against the individual or entity by a Federal, State, or local court with respect to such offense;
(iii) a plea of guilty or nolo contendere by the individual or entity has been accepted by a Federal, State, or local court with respect to such offense; or
(iv) in the case of an individual, the individual has entered a first offender or other program pursuant to which a judgment of conviction for such offense has been withheld;
without regard to the pendency or outcome of any appeal (other than a judgment of acquittal based on innocence) or request for relief on behalf of the individual or entity; and
(D) the term "should know" means that a person, with respect to information, acts in deliberate ignorance of, or in reckless disregard of, the truth or falsity of the information, and no proof of specific intent to defraud is required; 1
(2)(A) Notwithstanding section 8902(j) or any other provision of this chapter, if, under subsection (b), (c), or (d) a provider is barred from participating in the program under this chapter, no payment may be made by a carrier pursuant to any contract under this chapter (either to such provider or by reimbursement) for any service or supply furnished by such provider during the period of the debarment.
(B) Each contract under this chapter shall contain such provisions as may be necessary to carry out subparagraph (A) and the other provisions of this section.
(b) The Office of Personnel Management shall bar the following providers of health care services or supplies from participating in the program under this chapter:
(1) Any provider that has been convicted, under Federal or State law, of a criminal offense relating to fraud, corruption, breach of fiduciary responsibility, or other financial misconduct in connection with the delivery of a health care service or supply.
(2) Any provider that has been convicted, under Federal or State law, of a criminal offense relating to neglect or abuse of patients in connection with the delivery of a health care service or supply.
(3) Any provider that has been convicted, under Federal or State law, in connection with the interference with or obstruction of an investigation or prosecution of a criminal offense described in paragraph (1) or (2).
(4) Any provider that has been convicted, under Federal or State law, of a criminal offense relating to the unlawful manufacture, distribution, prescription, or dispensing of a controlled substance.
(5) Any provider that is currently debarred, suspended, or otherwise excluded from any procurement or nonprocurement activity (within the meaning of section 2455 of the Federal Acquisition Streamlining Act of 1994).
(c) The Office may bar the following providers of health care services from participating in the program under this chapter:
(1) Any provider—
(A) whose license to provide health care services or supplies has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating to the provider's professional competence, professional performance, or financial integrity; or
(B) that surrendered such a license while a formal disciplinary proceeding was pending before such an authority, if the proceeding concerned the provider's professional competence, professional performance, or financial integrity.
(2) Any provider that is an entity directly or indirectly owned, or with a control interest of 5 percent or more held, by an individual who has been convicted of any offense described in subsection (b), against whom a civil monetary penalty has been assessed under subsection (d), or who has been debarred from participation under this chapter.
(3) Any individual who directly or indirectly owns or has a control interest in a sanctioned entity and who knows or should know of the action constituting the basis for the entity's conviction of any offense described in subsection (b), assessment with a civil monetary penalty under subsection (d), or debarment from participation under this chapter.
(4) Any provider that the Office determines, in connection with claims presented under this chapter, has charged for health care services or supplies in an amount substantially in excess of such provider's customary charge for such services or supplies (unless the Office finds there is good cause for such charge), or charged for health care services or supplies which are substantially in excess of the needs of the covered individual or which are of a quality that fails to meet professionally recognized standards for such services or supplies.
(5) Any provider that the Office determines has committed acts described in subsection (d).
Any determination under paragraph (4) relating to whether a charge for health care services or supplies is substantially in excess of the needs of the covered individual shall be made by trained reviewers based on written medical protocols developed by physicians. In the event such a determination cannot be made based on such protocols, a physician in an appropriate specialty shall be consulted.
(d) Whenever the Office determines—
(1) in connection with claims presented under this chapter, that a provider has charged for a health care service or supply which the provider knows or should have known involves—
(A) an item or service not provided as claimed;
(B) charges in violation of applicable charge limitations under section 8904(b); or
(C) an item or service furnished during a period in which the provider was debarred from participation under this chapter pursuant to a determination by the Office under this section, other than as permitted under subsection (g)(2)(B);
(2) that a provider of health care services or supplies has knowingly made, or caused to be made, any false statement or misrepresentation of a material fact which is reflected in a claim presented under this chapter; or
(3) that a provider of health care services or supplies has knowingly failed to provide any information required by a carrier or by the Office to determine whether a payment or reimbursement is payable under this chapter or the amount of any such payment or reimbursement;
the Office may, in addition to any other penalties that may be prescribed by law, and after consultation with the Attorney General, impose a civil monetary penalty of not more than $10,000 for any item or service involved. In addition, such a provider shall be subject to an assessment of not more than twice the amount claimed for each such item or service. In addition, the Office may make a determination in the same proceeding to bar such provider from participating in the program under this chapter.
(e) The Office—
(1) may not initiate any debarment proceeding against a provider, based on such provider's having been convicted of a criminal offense, later than 6 years after the date on which such provider is so convicted; and
(2) may not initiate any action relating to a civil penalty, assessment, or debarment under this section, in connection with any claim, later than 6 years after the date the claim is presented, as determined under regulations prescribed by the Office.
(f) In making a determination relating to the appropriateness of imposing or the period of any debarment under this section (where such debarment is not mandatory), or the appropriateness of imposing or the amount of any civil penalty or assessment under this section, the Office shall take into account—
(1) the nature of any claims involved and the circumstances under which they were presented;
(2) the degree of culpability, history of prior offenses or improper conduct of the provider involved; and
(3) such other matters as justice may require.
(g)(1)(A) Except as provided in subparagraph (B), debarment of a provider under subsection (b) or (c) shall be effective at such time and upon such reasonable notice to such provider, and to carriers and covered individuals, as shall be specified in regulations prescribed by the Office. Any such provider that is debarred from participation may request a hearing in accordance with subsection (h)(1).
(B) Unless the Office determines that the health or safety of individuals receiving health care services warrants an earlier effective date, the Office shall not make a determination adverse to a provider under subsection (c)(5) or (d) until such provider has been given reasonable notice and an opportunity for the determination to be made after a hearing as provided in accordance with subsection (h)(1).
(2)(A) Except as provided in subparagraph (B), a debarment shall be effective with respect to any health care services or supplies furnished by a provider on or after the effective date of such provider's debarment.
(B) A debarment shall not apply with respect to inpatient institutional services furnished to an individual who was admitted to the institution before the date the debarment would otherwise become effective until the passage of 30 days after such date, unless the Office determines that the health or safety of the individual receiving those services warrants that a shorter period, or that no such period, be afforded.
(3) Any notice of debarment referred to in paragraph (1) shall specify the date as of which debarment becomes effective and the minimum period of time for which such debarment is to remain effective. In the case of a debarment under paragraph (1), (2), (3), or (4) of subsection (b), the minimum period of debarment shall not be less than 3 years, except as provided in paragraph (4)(B)(ii).
(4)(A) A provider barred from participating in the program under this chapter may, after the expiration of the minimum period of debarment referred to in paragraph (3), apply to the Office, in such manner as the Office may by regulation prescribe, for termination of the debarment.
(B) The Office may—
(i) terminate the debarment of a provider, pursuant to an application filed by such provider after the end of the minimum debarment period, if the Office determines, based on the conduct of the applicant, that—
(I) there is no basis under subsection (b), (c), or (d) for continuing the debarment; and
(II) there are reasonable assurances that the types of actions which formed the basis for the original debarment have not recurred and will not recur; or
(ii) notwithstanding any provision of subparagraph (A), terminate the debarment of a provider, pursuant to an application filed by such provider before the end of the minimum debarment period, if the Office determines that—
(I) based on the conduct of the applicant, the requirements of subclauses (I) and (II) of clause (i) have been met; and
(II) early termination under this clause is warranted based on the fact that the provider is the sole community provider or the sole source of essential specialized services in a community, or other similar circumstances.
(5) The Office shall—
(A) promptly notify the appropriate State or local agency or authority having responsibility for the licensing or certification of a provider barred from participation in the program under this chapter of the fact of the debarment, as well as the reasons for such debarment;
(B) request that appropriate investigations be made and sanctions invoked in accordance with applicable law and policy; and
(C) request that the State or local agency or authority keep the Office fully and currently informed with respect to any actions taken in response to the request.
(h)(1) Any provider of health care services or supplies that is the subject of an adverse determination by the Office under this section shall be entitled to reasonable notice and an opportunity to request a hearing of record, and to judicial review as provided in this subsection after the Office renders a final decision. The Office shall grant a request for a hearing upon a showing that due process rights have not previously been afforded with respect to any finding of fact which is relied upon as a cause for an adverse determination under this section. Such hearing shall be conducted without regard to subchapter II of
(2) Any provider adversely affected by a final decision under paragraph (1) made after a hearing to which such provider was a party may seek review of such decision in the United States District Court for the District of Columbia or for the district in which the plaintiff resides or has his or her principal place of business by filing a notice of appeal in such court within 60 days after the date the decision is issued, and by simultaneously sending copies of such notice by certified mail to the Director of the Office and to the Attorney General. In answer to the appeal, the Director of the Office shall promptly file in such court a certified copy of the transcript of the record, if the Office conducted a hearing, and other evidence upon which the findings and decision complained of are based. The court shall have power to enter, upon the pleadings and evidence of record, a judgment affirming, modifying, or setting aside, in whole or in part, the decision of the Office, with or without remanding the case for a rehearing. The district court shall not set aside or remand the decision of the Office unless there is not substantial evidence on the record, taken as whole, to support the findings by the Office of a cause for action under this section or unless action taken by the Office constitutes an abuse of discretion.
(3) Matters that were raised or that could have been raised in a hearing under paragraph (1) or an appeal under paragraph (2) may not be raised as a defense to a civil action by the United States to collect a penalty or assessment imposed under this section.
(i) A civil action to recover civil monetary penalties or assessments under subsection (d) shall be brought by the Attorney General in the name of the United States, and may be brought in the United States district court for the district where the claim involved was presented or where the person subject to the penalty resides. Amounts recovered under this section shall be paid to the Office for deposit into the Employees Health Benefits Fund. The amount of a penalty or assessment as finally determined by the Office, or other amount the Office may agree to in compromise, may be deducted from any sum then or later owing by the United States to the party against whom the penalty or assessment has been levied.
(j) The Office shall prescribe regulations under which, with respect to services or supplies furnished by a debarred provider to a covered individual during the period of such provider's debarment, payment or reimbursement under this chapter may be made, notwithstanding the fact of such debarment, if such individual did not know or could not reasonably be expected to have known of the debarment. In any such instance, the carrier involved shall take appropriate measures to ensure that the individual is informed of the debarment and the minimum period of time remaining under the terms of the debarment.
(Added
References in Text
Section 2455 of the Federal Acquisition Streamlining Act of 1994, referred to in subsec. (b)(5), is section 2455 of
Amendments
1998—Subsec. (a)(1)(D).
Subsec. (a)(2)(A).
Subsec. (b).
Subsec. (b)(5).
"(A) whose license to provide health care services or supplies has been revoked, suspended, restricted, or not renewed, by a State licensing authority for reasons relating to the provider's professional competence, professional performance, or financial integrity; or
"(B) that surrendered such a license while a formal disciplinary proceeding was pending before such an authority, if the proceeding concerned the provider's professional competence, professional performance, or financial integrity."
Subsec. (c).
Subsec. (d).
Subsec. (d)(1).
"(A) has charged for health care services or supplies that the provider knows or should have known were not provided as claimed; or
"(B) has charged for health care services or supplies in an amount substantially in excess of such provider's customary charges for such services or supplies, or charged for health care services or supplies which are substantially in excess of the needs of the covered individual or which are of a quality that fails to meet professionally recognized standards for such services or supplies;".
Subsec. (e).
Subsec. (f).
Subsec. (g).
Subsec. (g)(1).
Subsec. (g)(3).
Subsec. (g)(4)(B)(i)(I).
Subsec. (g)(6).
Subsec. (h).
Subsec. (h)(1), (2).
"(1) The Office may not make a determination under subsection (b) or (c) adverse to a provider of health care services or supplies until such provider has been given written notice and an opportunity for a hearing on the record. A provider is entitled to be represented by counsel, to present witnesses, and to cross-examine witnesses against the provider in any such hearing.
"(2) Notwithstanding section 8912, any person adversely affected by a final decision under paragraph (1) may obtain review of such decision in the United States Court of Appeals for the Federal Circuit. A written petition requesting that the decision be modified or set aside must be filed within 60 days after the date on which such person is notified of such decision."
Subsec. (i).
Subsec. (j).
Effective Date of 1998 Amendment
"(1)
"(2)
"(B) Paragraph (1)(B) of
"(C) Paragraph (3) of
Effective Date; Prior Conduct
Section 102 of title I of
"(a)
"(b)
1 So in original. The semicolon probably should be a period.
§8903. Health benefits plans
The Office of Personnel Management may contract for or approve the following health benefits plans:
(1)
(2)
(3)
(4)
(A)
(B)
(C)
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 28, 1959, |
||
July 8, 1963, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Par. (1).
1988—Par. (1).
1986—Par. (4)(A).
Par. (4)(C).
1985—Par. (3).
1984—Par. (1).
1978—
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8903a. Additional health benefits plans
(a) In addition to any plan under
(b) A plan under this section may not be contracted for or approved unless it—
(1) is sponsored or underwritten, and administered, in whole or substantial part, by an employee organization described in
(2) offers benefits of the types named by paragraph (1) or (2) of
(3) provides for benefits only by paying for, or providing reimbursement for, the cost of such benefits (as provided for under paragraph (1) or (2) of
(4) is available only to individuals who, at the time of enrollment, are full members of the organization and to members of their families.
(c) A contract for a plan approved under this section shall require the carrier—
(1) to enter into an agreement approved by the Office with an underwriting subcontractor licensed to issue group health insurance in all the States and the District of Columbia; or
(2) to demonstrate ability to meet reasonable minimum financial standards prescribed by the Office.
(d) For the purpose of this section, an individual shall be considered a full member of an organization if such individual is eligible to exercise all rights and privileges incident to full membership in such organization (determined without regard to the right to hold elected office).
(Added
Section Referred to in Other Sections
This section is referred to in
§8903b. Authority to readmit an employee organization plan
(a) In the event that a plan described by section 8903(3) or 8903a is discontinued under this chapter (other than in the circumstance described in section 8909(d)), that discontinuation shall be disregarded, for purposes of any determination as to that plan's eligibility to be considered an approved plan under this chapter, but only for purposes of any contract year later than the third contract year beginning after such plan is so discontinued.
(b) A contract for a plan approved under this section shall require the carrier—
(1) to demonstrate experience in service delivery within a managed care system (including provider networks) throughout the United States; and
(2) if the carrier involved would not otherwise be subject to the requirement set forth in section 8903a(c)(1), to satisfy such requirement.
(Added
Effective Date
"(A)
"(B)
§8904. Types of benefits
(a) The benefits to be provided under plans described by
(1)
(A) Hospital benefits.
(B) Surgical benefits.
(C) In-hospital medical benefits.
(D) Ambulatory patient benefits.
(E) Supplemental benefits.
(F) Obstetrical benefits.
(2)
(A) Hospital care.
(B) Surgical care and treatment.
(C) Medical care and treatment.
(D) Obstetrical benefits.
(E) Prescribed drugs, medicines, and prosthetic devices.
(F) Other medical supplies and services.
(3)
(4)
All plans contracted for under paragraphs (1) and (2) of this subsection shall include benefits both for costs associated with care in a general hospital and for other health services of a catastrophic nature.
(b)(1)(A) A plan, other than a prepayment plan described in
(B)(i) A plan, other than a prepayment plan described in section 8903(4), may not provide benefits, in the case of any retired enrolled individual who is age 65 or older and is not entitled to Medicare supplementary medical insurance benefits under part B of title XVIII of the Social Security Act (
(ii) Physicians and suppliers who have in force participation agreements with the Secretary of Health and Human Services consistent with section 1842(h)(1) of such Act (
(C) If the Secretary of Health and Human Services determines that a violation of this subsection warrants excluding a provider from participation for a specified period under title XVIII of the Social Security Act, the Office shall enforce a corresponding exclusion of such provider for purposes of this chapter.
(2) Notwithstanding any other provision of law, the Secretary of Health and Human Services and the Director of the Office of Personnel Management, and their agents, shall exchange any information necessary to implement this subsection.
(3)(A) Not later than December 1, 1991, and periodically thereafter, the Secretary of Health and Human Services (in consultation with the Director of the Office of Personnel Management) shall supply to carriers of plans described in paragraphs (1) through (3) of section 8903 the Medicare program information necessary for them to comply with paragraph (1).
(B) For purposes of this paragraph, the term "Medicare program information" includes (i) the limitations on hospital charges established for Medicare purposes under section 1886 of the Social Security Act (
(4) The Director of the Office of Personnel Management shall enter into an arrangement with the Secretary of Health and Human Services, to be effective before the first day of the fifth month that begins before each contract year, under which—
(A) physicians and suppliers (whether or not participating) under the Medicare program will be notified of the requirements of paragraph (1)(B);
(B) enforcement procedures will be in place to carry out such paragraph (including enforcement of protections against overcharging of beneficiaries); and
(C) Medicare program information described in paragraph (3)(B)(ii) will be supplied to carriers under paragraph (3)(A).
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 28, 1959, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The Social Security Act, referred to in subsec. (b)(1), is act Aug. 14, 1935, ch. 531,
Amendments
1993—Subsec. (b)(1).
Subsec. (b)(3)(B).
Subsec. (b)(4).
1992—Subsec. (a).
1990—
Effective Date of 1993 Amendment
Section 11003(b) of
Effective Date of 1990 Amendment
Section 7002(f)(2) of
Mental Health, Alcoholism, and Drug Addiction Benefits; Congressional Findings; Sense of Congress
"(a)
"(1) the treatment of mental illness, alcoholism, and drug addiction are basic health care services which are needed by approximately 40,000,000 Americans each year;
"(2) treatment of mental illness, alcoholism, and drug addiction is increasingly successful;
"(3) timely and appropriate treatment of mental illness, alcoholism, and drug addiction is cost effective in terms of restored productivity, reduced utilization of other health services, and reduced social dependence; and
"(4) mental illness is a problem of grave concern to the people of the United States and is widely but unnecessarily feared and misunderstood.
"(b)
"(1) that participants in the Federal employees health benefits program should receive adequate benefits coverage for treatment of mental illness, alcoholism, and drug addiction; and
"(2) that the Office of Personnel Management should encourage participating health benefits plans to provide adequate benefits relating to treatment of mental illness, alcoholism, and drug addiction (including benefits relating to coverage for inpatient and outpatient treatment and catastrophic protection benefits)."
Section Referred to in Other Sections
This section is referred to in
§8905. Election of coverage
(a) An employee may enroll in an approved health benefits plan described by
(b) An annuitant who at the time he becomes an annuitant was enrolled in a health benefits plan under this chapter—
(1) as an employee for a period of not less than—
(A) the 5 years of service immediately before retirement;
(B) the full period or periods of service between the last day of the first period, as prescribed by regulations of the Office of Personnel Management, in which he is eligible to enroll in the plan and the date on which he becomes an annuitant; or
(C) the full period or periods of service beginning with the enrollment which became effective before January 1, 1965, and ending with the date on which he becomes an annuitant;
whichever is shortest; or
(2) as a member of the family of an employee or annuitant;
may continue his enrollment under the conditions of eligibility prescribed by regulations of the Office. The Office may, in its sole discretion, waive the requirements of this subsection in the case of an individual who fails to satisfy such requirements if the Office determines that, due to exceptional circumstances, it would be against equity and good conscience not to allow such individual to be enrolled as an annuitant in a health benefits plan under this chapter 1
(c)(1) A former spouse may—
(A) within 60 days after the dissolution of the marriage, or
(B) in the case of a former spouse of a former employee whose marriage was dissolved after the employee's retirement, within 60 days after the dissolution of the marriage or, if later, within 60 days after an election is made under
enroll in an approved health benefits plan described by
(2) Coverage for self and family under this subsection shall be limited to—
(A) the former spouse; and
(B) unmarried dependent natural or adopted children of the former spouse and the employee who are—
(i) under 22 years of age; or
(ii) incapable of self-support because of mental or physical disability which existed before age 22.
(d) An individual whom the Secretary of Defense determines is an eligible beneficiary under subsection (b) of
(e) If an employee, annuitant, or other individual eligible to enroll in a health benefits plan under this chapter has a spouse who is also eligible to enroll, either spouse, but not both, may enroll for self and family, or each spouse may enroll as an individual. However, an individual may not be enrolled both as an employee, annuitant, or other individual eligible to enroll and as a member of the family.
(f) An employee, annuitant, former spouse, or person having continued coverage under
(g)(1) Under regulations prescribed by the Office, the Office shall, before the start of any contract term in which—
(A) an adjustment is made in any of the rates charged or benefits provided under a health benefits plan described by
(B) a newly approved health benefits plan is offered, or
(C) an existing plan is terminated,
provide a period of not less than 3 weeks during which any employee, annuitant, former spouse, or person having continued coverage under
(2) In addition to any opportunity afforded under paragraph (1) of this subsection, an employee, annuitant, former spouse, or person having continued coverage under
(3)(A) In addition to any informational requirements otherwise applicable under this chapter, the regulations shall include provisions to ensure that each employee eligible to enroll in a health benefits plan under this chapter (whether actually enrolled or not) is notified in writing as to the rights afforded under
(B) Notification under this paragraph shall be provided by employing agencies at an appropriate point in time before each period under paragraph (1) so that employees may be aware of their rights under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 28, 1959, |
||
Mar. 17, 1964, |
In subsection (b)(1), the words "as an employee" are inserted for clarity.
In subsection (b)(1)(C), the words "before January 1, 1965" are substituted for "not later than December 31, 1964".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1998—Subsecs. (d) to (g).
1992—Subsec. (b).
Subsec. (c)(1).
1988—Subsec. (d).
Subsecs. (e), (f)(1), (2).
Subsec. (f)(3).
1986—Subsec. (b).
Subsec. (c)(1).
Subsec. (f).
1985—Subsecs. (a), (c)(1).
Subsec. (f).
1984—Subsec. (c).
Subsec. (d).
Subsec. (e).
Subsec. (f).
1978—Subsecs. (b), (d), (e).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1986 Amendments
Amendment by
Section 104(b) of
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Election of Health Benefits Coverage and Entitlement to Health Benefits Under this Chapter Rather Than Under Retired Federal Employees Health Benefits Act
"
"(b) An annuitant who elects to be covered under the provisions of
"[Sec. 4] (b) Section 2 [set out above] shall take effect on the one hundred and eightieth day following the date of enactment [Jan. 1, 1974] or on such earlier date as the United States Civil Service Commission may prescribe."
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be followed by a period.
§8905a. Continued coverage
(a) Any individual described in paragraph (1) or (2) of subsection (b) may elect to continue coverage under this chapter in accordance with the provisions of this section.
(b) This section applies with respect to—
(1) any employee who—
(A) is separated from service, whether voluntarily or involuntarily, except that if the separation is involuntary, this section shall not apply if the separation is for gross misconduct (as defined under regulations which the Office of Personnel Management shall prescribe); and
(B) would not otherwise be eligible for any benefits under this chapter (determined without regard to any temporary extension of coverage and without regard to any benefits available under a nongroup contract); and
(2) any individual who—
(A) ceases to meet the requirements for being considered an unmarried dependent child under this chapter;
(B) on the day before so ceasing to meet the requirements referred to in subparagraph (A), was covered under a health benefits plan under this chapter as a member of the family of an employee or annuitant; and
(C) would not otherwise be eligible for any benefits under this chapter (determined without regard to any temporary extension of coverage and without regard to any benefits available under a nongroup contract).
(c)(1) The Office shall prescribe regulations and provide for the inclusion of appropriate terms in contracts with carriers to provide that—
(A) with respect to an employee who becomes (or will become) eligible for continued coverage under this section as a result of separation from service, the separating agency shall, before the end of the 30-day period beginning on the date as of which coverage (including any temporary extensions of coverage) would otherwise end, notify the individual of such individual's rights under this section; and
(B) with respect to a child of an employee or annuitant who becomes eligible for continued coverage under this section as a result of ceasing to meet the requirements for being considered a member of the employee's or annuitant's family—
(i) the employee or annuitant may provide written notice of the child's change in status (complete with the child's name, address, and such other information as the Office may by regulation require)—
(I) to the employee's employing agency; or
(II) in the case of an annuitant, to the Office; and
(ii) if the notice referred to in clause (i) is received within 60 days after the date as of which the child involved first ceases to meet the requirements involved, the employing agency or the Office (as the case may be) must, within 14 days after receiving such notice, notify the child of such child's rights under this section.
(2) In order to obtain continued coverage under this section, an appropriate written election (submitted in such manner as the Office by regulation prescribes) must be made—
(A) in the case of an individual seeking continued coverage based on a separation from service, before the end of the 60-day period beginning on the later of—
(i) the effective date of the separation; or
(ii) the date the separated individual receives the notice required under paragraph (1)(A); or
(B) in the case of an individual seeking continued coverage based on a change in circumstances making such individual ineligible for coverage as an unmarried dependent child, before the end of the 60-day period beginning on the later of—
(i) the date as of which such individual first ceases to meet the requirements for being considered an unmarried dependent child; or
(ii) the date such individual receives notice under paragraph (1)(B)(ii);
except that if a parent fails to provide the notice required under paragraph (1)(B)(i) in timely fashion, the 60-day period under this subparagraph shall be based on the date under clause (i), irrespective of whether or not any notice under paragraph (1)(B)(ii) is provided.
(d)(1)(A) Except as provided in paragraphs (4) and (5), an individual receiving continued coverage under this section shall be required to pay currently into the Employees Health Benefits Fund, under arrangements satisfactory to the Office, an amount equal to the sum of—
(i) the employee and agency contributions which would be required in the case of an employee enrolled in the same health benefits plan and level of benefits; and
(ii) an amount, determined under regulations prescribed by the Office, necessary for administrative expenses, but not to exceed 2 percent of the total amount under clause (i).
(B) Payments under this section to the Fund shall—
(i) in the case of an individual whose continued coverage is based on such individual's separation, be made through the agency which last employed such individual; or
(ii) in the case of an individual whose continued coverage is based on a change in circumstances referred to in subsection (c)(2)(B), be made through—
(I) the Office, if, at the time coverage would (but for this section) otherwise have been discontinued, the individual was covered as the child of an annuitant; or
(II) if, at the time referred to in subclause (I), the individual was covered as the child of an employee, the employee's employing agency as of such time.
(2) If an individual elects to continue coverage under this section before the end of the applicable period under subsection (c)(2), but after such individual's coverage under this chapter (including any temporary extensions of coverage) expires, coverage shall be restored retroactively, with appropriate contributions (determined in accordance with paragraph (1), (4), or (5), as the case may be) and claims (if any), to the same extent and effect as though no break in coverage had occurred.
(3)(A) An individual making an election under subsection (c)(2)(B) may, at such individual's option, elect coverage either as an individual or, if appropriate, for self and family.
(B) For the purpose of this paragraph, members of an individual's family shall be determined in the same way as would apply under this chapter in the case of an enrolled employee.
(C) Nothing in this paragraph shall be considered to limit an individual making an election under subsection (c)(2)(A) to coverage for self alone.
(4)(A) If the basis for continued coverage under this section is an involuntary separation from a position, or a voluntary separation from a surplus position, in or under the Department of Defense due to a reduction in force, or the Department of Energy due to a reduction in force resulting from the establishment of the National Nuclear Security Administration—
(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and
(ii) the agency which last employed the individual shall pay the remaining portion of the amount required under paragraph (1)(A).
(B) This paragraph shall apply with respect to any individual whose continued coverage is based on a separation occurring on or after the date of enactment of this paragraph and before—
(i) October 1, 2003; or
(ii) February 1, 2004, if specific notice of such separation was given to such individual before October 1, 2003.
(C) For the purpose of this paragraph, "surplus position" means a position which is identified in pre-reduction-in-force planning as no longer required, and which is expected to be eliminated under formal reduction-in-force procedures.
(5)(A) If the basis for continued coverage under this section is an involuntary separation from a position in or under the Department of Veterans Affairs due to a reduction in force or a title 38 staffing readjustment—
(i) the individual shall be liable for not more than the employee contributions referred to in paragraph (1)(A)(i); and
(ii) the agency which last employed the individual shall pay the remaining portion of the amount required under paragraph (1)(A).
(B) This paragraph shall only apply with respect to individuals whose continued coverage is based on a separation occurring on or after the date of the enactment of this paragraph.
(e)(1) Continued coverage under this section may not extend beyond—
(A) in the case of an individual whose continued coverage is based on separation from service, the date which is 18 months after the effective date of the separation; or
(B) in the case of an individual whose continued coverage is based on ceasing to meet the requirements for being considered an unmarried dependent child, the date which is 36 months after the date on which the individual first ceases to meet those requirements, subject to paragraph (2).
(2) In the case of an individual who—
(A) ceases to meet the requirements for being considered an unmarried dependent child;
(B) as of the day before so ceasing to meet the requirements referred to in subparagraph (A), was covered as the child of a former employee receiving continued coverage under this section based on the former employee's separation from service; and
(C) so ceases to meet the requirements referred to in subparagraph (A) before the end of the 18-month period beginning on the date of the former employee's separation from service,
extended coverage under this section may not extend beyond the date which is 36 months after the separation date referred to in subparagraph (C).
(f)(1) The Office shall prescribe regulations under which, in addition to any individual otherwise eligible for continued coverage under this section, and to the extent practicable, continued coverage may also, upon appropriate written application, be afforded under this section—
(A) to any individual who—
(i) if subparagraphs (A) and (C) of paragraph (10) of section 8901 were disregarded, would be eligible to be considered a former spouse within the meaning of such paragraph; but
(ii) would not, but for this subsection, be eligible to be so considered; and
(B) to any individual whose coverage as a family member would otherwise terminate as a result of a legal separation.
(2) The terms and conditions for coverage under the regulations shall include—
(A) consistent with subsection (c), any necessary notification provisions, and provisions under which an election period of at least 60 days' duration is afforded;
(B) terms and conditions identical to those under subsection (d), except that contributions to the Employees Health Benefits Fund shall be made through such agency as the Office by regulation prescribes;
(C) provisions relating to the termination of continued coverage, except that continued coverage under this section may not (subject to paragraph (3)) extend beyond the date which is 36 months after the date on which the qualifying event under this subsection (the date of divorce, annulment, or legal separation, as the case may be) occurs; and
(D) provisions designed to ensure that any coverage pursuant to this subsection does not adversely affect any eligibility for coverage which the individual involved might otherwise have under this chapter (including as a result of any change in personal circumstances) if this subsection had not been enacted.
(3) In the case of an individual—
(A) who becomes eligible for continued coverage under this subsection based on a divorce, annulment, or legal separation from a person who, as of the day before the date of the divorce, annulment, or legal separation (as the case may be) was receiving continued coverage under this section for self and family based on such person's separation from service; and
(B) whose divorce, annulment, or legal separation (as the case may be) occurs before the end of the 18-month period beginning on the date of the separation from service referred to in subparagraph (A),
extended coverage under this section may not extend beyond the date which is 36 months after the date of the separation from service, as referred to in subparagraph (A).
(Added
References in Text
The date of enactment of this paragraph, referred to in subsec. (d)(4)(B), is the date of enactment of
The date of the enactment of this paragraph, referred to in subsec. (d)(5)(B), is the date of enactment of
Amendments
1999—Subsec. (d)(1)(A).
Subsec. (d)(2).
Subsec. (d)(4)(A).
Subsec. (d)(4)(B).
"(i) October 1, 1999; or
"(ii) February 1, 2000, if specific notice of such separation was given to such individual before October 1, 1999."
Subsec. (d)(5).
1996—Subsec. (d)(4)(A).
Subsec. (d)(4)(C).
1994—Subsec. (d)(4)(B).
1992—Subsec. (d)(1)(A).
Subsec. (d)(2).
Subsec. (d)(4).
Effective Date of 1999 Amendment
Amendment by section 3244 of
Effective Date
Section applicable with respect to any calendar year beginning, and contracts entered into or renewed for any calendar year beginning, after the end of the 9-month period beginning Nov. 14, 1988, and with respect to any qualifying event occurring on or after the first day of the first calendar year beginning after the end of such 9-month period, see section 203 of
Source of Payments
Section 4438(b)(1) of
Section Referred to in Other Sections
This section is referred to in
§8906. Contributions
(a)(1) Not later than October 1 of each year, the Office of Personnel Management shall determine the weighted average of the subscription charges that will be in effect during the following contract year with respect to—
(A) enrollments under this chapter for self alone; and
(B) enrollments under this chapter for self and family.
(2) In determining each weighted average under paragraph (1), the weight to be given to a particular subscription charge shall, with respect to each plan (and option) to which it is to apply, be commensurate with the number of enrollees enrolled in such plan (and option) as of March 31 of the year in which the determination is being made.
(3) For purposes of paragraph (2), the term "enrollee" means any individual who, during the contract year for which the weighted average is to be used under this section, will be eligible for a Government contribution for health benefits.
(b)(1) Except as provided in paragraphs (2), (3), and (4), the biweekly Government contribution for health benefits for an employee or annuitant enrolled in a health benefits plan under this chapter is adjusted to an amount equal to 72 percent of the weighted average under subsection (a)(1)(A) or (B), as applicable. For an employee, the adjustment begins on the first day of the employee's first pay period of each year. For an annuitant, the adjustment begins on the first day of the first period of each year for which an annuity payment is made.
(2) The biweekly Government contribution for an employee or annuitant enrolled in a plan under this chapter shall not exceed 75 percent of the subscription charge.
(3) In the case of an employee who is occupying a position on a part-time career employment basis (as defined in
(4) In the case of persons who are enrolled in a health benefits plan as part of the demonstration project under
(c) There shall be withheld from the pay of each enrolled employee and (except as provided in subsection (i) of this section) the annuity of each enrolled annuitant and there shall be contributed by the Government, amounts, in the same ratio as the contributions of the employee or annuitant and the Government under subsection (b) of this section, which are necessary for the administrative costs and the reserves provided for by
(d) The amount necessary to pay the total charge for enrollment, after the Government contribution is deducted, shall be withheld from the pay of each enrolled employee and (except as provided in subsection (i) of this section) from the annuity of each enrolled annuitant. The withholding for an annuitant shall be the same as that for an employee enrolled in the same health benefits plan and level of benefits.
(e)(1)(A) An employee enrolled in a health benefits plan under this chapter who is placed in a leave without pay status may have his coverage and the coverage of members of his family continued under the plan for not to exceed 1 year under regulations prescribed by the Office.
(B) During each pay period in which an enrollment continues under subparagraph (A)—
(i) employee and Government contributions required by this section shall be paid on a current basis; and
(ii) if necessary, the head of the employing agency shall approve advance payment, recoverable in the same manner as under section 5524a(c), of a portion of basic pay sufficient to pay current employee contributions.
(C) Each agency shall establish procedures for accepting direct payments of employee contributions for the purposes of this paragraph.
(2) An employee who enters on approved leave without pay to serve as a full-time officer or employee of an organization composed primarily of employees as defined by
(f) The Government contributions for health benefits for an employee shall be paid—
(1) in the case of employees generally, from the appropriation or fund which is used to pay the employee;
(2) in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment;
(3) in the case of an employee of the legislative branch who is paid by the Chief Administrative Officer of the House of Representatives, from the applicable accounts of the House of Representatives; and
(4) in the case of an employee in a leave without pay status, from the appropriation or fund which would be used to pay the employee if he were in a pay status.
(g)(1) Except as provided in paragraphs (2) and (3), the Government contributions authorized by this section for health benefits for an annuitant shall be paid from annual appropriations which are authorized to be made for that purpose and which may be made available until expended.
(2)(A) The Government contributions authorized by this section for health benefits for an individual who first becomes an annuitant by reason of retirement from employment with the United States Postal Service on or after July 1, 1971, or for a survivor of such an individual or of an individual who died on or after July 1, 1971, while employed by the United States Postal Service, shall be paid by the United States Postal Service.
(B) In determining any amount for which the Postal Service is liable under this paragraph, the amount of the liability shall be prorated to reflect only that portion of total service which is attributable to civilian service performed (by the former postal employee or by the deceased individual referred to in subparagraph (A), as the case may be) after June 30, 1971, as estimated by the Office of Personnel Management.
(3) The Government contribution for persons enrolled in a health benefits plan as part of the demonstration project under
(h) The Office shall provide for conversion of biweekly rates of contribution specified by this section to rates for employees and annuitants paid on other than a biweekly basis, and for this purpose may provide for the adjustment of the converted rate to the nearest cent.
(i) An annuitant whose annuity is insufficient to cover the withholdings required for enrollment in a particular health benefits plan may enroll (or remain enrolled) in such plan, notwithstanding any other provision of this section, if the annuitant elects, under conditions prescribed by regulations of the Office, to pay currently into the Employees Health Benefits Fund, through the retirement system that administers the annuitant's health benefits enrollment, an amount equal to the withholdings that would otherwise be required under this section.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 28, 1959, |
||
Mar. 17, 1964, |
In subsection (f)(1), the words "in the case of employees generally" are inserted for clarity.
In subsection (h), the word "biweekly" is inserted for clarity.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
---|---|---|
8906(a) 8906(b) 8906(e)(2) |
5 App.: 3006(a)(1). 5 App.: 3006(a)(2). 5 App.: 3006(b)(2). |
July 18, 1966, |
In subsection (a), the words "subsection (b) of this section", "this chapter", and "subsection (c) of this section" are substituted for "paragraph (2) of this subsection", "this Act", and "paragraph (3)", respectively, to reflect the codification of
In subsection (e)(2), the words "as defined by
Amendments
1998—Subsec. (b)(1).
Subsec. (b)(4).
Subsec. (g)(1).
Subsec. (g)(3).
1997—Subsec. (a).
"(1) the service benefit plan;
"(2) the indemnity benefit plan;
"(3) the two employee organization plans with the largest number of enrollments, as determined by the Office; and
"(4) the two comprehensive medical plans with the largest number of enrollments, as determined by the Office."
Subsec. (b)(1).
1996—Subsec. (e)(1).
Subsec. (f)(3).
1992—Subsec. (b)(3).
Subsec. (c).
1990—Subsec. (c).
Subsec. (d).
Subsec. (g)(2).
Subsec. (i).
1989—Subsec. (g)(2).
1986—Subsec. (g).
1979—Subsec. (b)(1).
1978—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(3).
Subsecs. (e)(1), (h).
1976—Subsec. (g).
1974—Subsec. (a).
Subsec. (b)(1).
Subsec. (b)(2).
Subsec. (c).
Subsec. (g).
1970—Subsec. (a).
Effective Date of 1997 Amendment
Section 7002(b) of
Effective Date of 1990 Amendments
Section 7102(c) of
Section 1(c) of
Effective Date of 1989 Amendment
Section 4003(b) of
Effective Date of 1979 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Amendment by
Effective Date of 1974 Amendment
Section 4(a) of
Section 4(d) of
Effective Date of 1970 Amendment
Section 1(b) of
Payments by Postal Service Relating to Corrected Calculations for Past Health Benefits
"(1) at least one-third shall be paid not later than September 30, 1996;
"(2) at least two-thirds shall be paid not later than September 30, 1997; and
"(3) any remaining balance shall be paid not later than September 30, 1998."
Computation of Government Contributions to Federal Employees Health Benefits Program for 1990 Through 1993
"(A) shall be deemed to be the subscription charges which were in effect for such plan on the beginning date of the preceding contract year as adjusted under paragraph (2); or
"(B) if subparagraph (A) does not apply, shall be deemed to be—
"(i) the subscription charges which were deemed under this Act to have been in effect for such plan with respect to the preceding contract year as adjusted under paragraph (2), except as provided in clause (ii); or
"(ii) for each of contract years 1997 and 1998, the subscription charges which would be derived by applying the terms of clause (i), reduced by 1 percent.
"(2) The subscription charges under paragraph (1) shall be increased or decreased (as appropriate) by the average percentage by which the respective subscription charges taken into account under paragraphs (1), (3), and (4) of such section 8906(a) for that contract year increased or decreased from the subscription charges taken into account under such paragraphs (1), (3), and (4) for the preceding contract year.
"(b) Separate percentages shall be computed under subsection (a)(2) with respect to enrollments for self alone and enrollments for self and family, respectively.
"(c) The provisions of this Act shall not apply to a contract year (or any period thereafter), if comprehensive reform legislation is enacted to amend
"(d) Any reference in this Act to a 'contract year' shall be considered to be a reference to a contract year under
"(e) No later than 180 days after the date of the enactment of this Act [Aug. 11, 1989], the Director of the Office of Personnel Management shall transmit recommendations to the Congress for comprehensive reform of the Federal Employee Health Benefits Program."
Contributions by United States Postal Service to Employees Health Benefits Fund
Employees Serving on Part-Time Career Employment Basis on October 10, 1978
Section 4(c)(2)(B) of
Calculation and Payment by Government of Contributions to Contingency Reserves of All Health Benefit Plans
Election of Health Benefits During Period of Service as Officer or Employee of an Employee Organization; Contributions Into Employees Health Benefits Fund; Non-Election; Regulations
Election of health benefits within sixty days after July 18, 1966, by certain employees on leave without pay for service as officer or employee of an employee organization, contributions into Fund, effect of non-election of benefits, and regulations, see note set out under
Section Referred to in Other Sections
This section is referred to in
§8906a. Temporary employees
(a)(1) The Office of Personnel Management shall prescribe regulations to provide for offering health benefits plans to temporary employees (who meet the requirements of paragraph (2)) under the provisions of this chapter.
(2) To be eligible to participate in a health benefits plan offered under this section a temporary employee shall have completed 1 year of current continuous employment, excluding any break in service of 5 days or less.
(b) Notwithstanding the provisions of section 8906—
(1) any temporary employee enrolled in a health benefits plan under this section shall have an amount withheld from the pay of such employee, as determined by the Office of Personnel Management, equal to—
(A) the amount withheld from the pay of an employee under the provisions of section 8906; and
(B) the amount of the Government contribution for an employee under section 8906; and
(2) the employing agency of any such temporary employee shall not pay the Government contribution under the provisions of section 8906.
(Added
Effective Date
Section 301(d) of
Section Referred to in Other Sections
This section is referred to in
§8907. Information to individuals eligible to enroll
(a) The Office of Personnel Management shall make available to each individual eligible to enroll in a health benefits plan under this chapter such information, in a form acceptable to the Office after consultation with the carrier, as may be necessary to enable the individual to exercise an informed choice among the types of plans described by
(b) Each individual enrollee in a health benefits plan shall be issued an appropriate document setting forth or summarizing the—
(1) services or benefits, including maximums, limitations, and exclusions, to which the enrollee or the enrollee and any eligible family members are entitled thereunder;
(2) procedure for obtaining benefits; and
(3) principal provisions of the plan affecting the enrollee and any eligible family members.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 28, 1959, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1985—Subsec. (a).
1984—
Subsec. (a).
Subsec. (b).
Subsec. (b)(1).
Subsec. (b)(3).
1978—Subsec. (a).
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§8908. Coverage of restored employees and survivor or disability annuitants
(a) An employee enrolled in a health benefits plan under this chapter who is removed or suspended without pay and later reinstated or restored to duty on the ground that the removal or suspension was unjustified or unwarranted may, at his option, enroll as a new employee or have his coverage restored, with appropriate adjustments made in contributions and claims, to the same extent and effect as though the removal or suspension had not taken place.
(b) A surviving spouse whose survivor annuity under this title was terminated because of remarriage and is later restored may, under such regulations as the Office of Personnel Management may prescribe, enroll in a health benefits plan described by
(c) A disability annuitant whose disability annuity under
(d) A surviving child whose survivor annuity under section 8341(e) or 8443(b) was terminated and is later restored under paragraph (4) of section 8341(e) or the last sentence of section 8443(b) may, under regulations prescribed by the Office, enroll in a health benefits plan described by section 8903 or 8903a if such surviving child was covered by any such plan immediately before such annuity was terminated.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 28, 1959, |
||
Mar. 17, 1964, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1996—Subsec. (d).
1985—
Subsec. (b).
Subsec. (c).
1978—Subsec. (b).
1976—
Effective Date of 1996 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Effective Date of 1976 Amendment
Section 2 of
Insurance Coverage for Restored Disability Annuitants
For provisions directing that subsec. (c) of this section shall apply with respect to any individual whose disability annuity is or was restored under
§8909. Employees Health Benefits Fund
(a) There is in the Treasury of the United States an Employees Health Benefits Fund which is administered by the Office of Personnel Management. The contributions of enrollees and the Government described by
(1) without fiscal year limitation for all payments to approved health benefits plans; and
(2) to pay expenses for administering this chapter within the limitations that may be specified annually by Congress.
Payments from the Fund to a plan participating in a letter-of-credit arrangement under this chapter shall, in connection with any payment or reimbursement to be made by such plan for a health service or supply, be made, to the maximum extent practicable, on a checks-presented basis (as defined under regulations of the Department of the Treasury).
(b) Portions of the contributions made by enrollees and the Government shall be regularly set aside in the Fund as follows:
(1) A percentage, not to exceed 1 percent of all contributions, determined by the Office to be reasonably adequate to pay the administrative expenses made available by subsection (a) of this section.
(2) For each health benefits plan, a percentage, not to exceed 3 percent of the contributions toward the plan, determined by the Office to be reasonably adequate to provide a contingency reserve.
The Office, from time to time and in amounts it considers appropriate, may transfer unused funds for administrative expenses to the contingency reserves of the plans then under contract with the Office. When funds are so transferred, each contingency reserve shall be credited in proportion to the total amount of the subscription charges paid and accrued to the plan for the contract term immediately before the contract term in which the transfer is made. The income derived from dividends, rate adjustments, or other refunds made by a plan shall be credited to its contingency reserve. The contingency reserves may be used to defray increases in future rates, or may be applied to reduce the contributions of enrollees and the Government to, or to increase the benefits provided by, the plan from which the reserves are derived, as the Office from time to time shall determine.
(c) The Secretary of the Treasury may invest and reinvest any of the money in the Fund in interest-bearing obligations of the United States, and may sell these obligations for the purposes of the Fund. The interest on and the proceeds from the sale of these obligations become a part of the Fund.
(d) When the assets, liabilities, and membership of employee organizations sponsoring or underwriting plans approved under
(e)(1) Except as provided by subsection (d) of this section, when a plan described by section 8903(3) or (4) or 8903a of this title is discontinued under this chapter, the contingency reserve of that plan shall be credited to the contingency reserves of the plans continuing under this chapter for the contract term following that in which termination occurs, each reserve to be credited in proportion to the amount of the subscription charges paid and accrued to the plan for the year of termination.
(2) Any crediting required under paragraph (1) pursuant to the discontinuation of any plan under this chapter shall be completed by the end of the second contract year beginning after such plan is so discontinued.
(3) The Office shall prescribe regulations in accordance with which this subsection shall be applied in the case of any plan which is discontinued before being credited with the full amount to which it would otherwise be entitled based on the discontinuation of any other plan.
(f)(1) No tax, fee, or other monetary payment may be imposed, directly or indirectly, on a carrier or an underwriting or plan administration subcontractor of an approved health benefits plan by any State, the District of Columbia, or the Commonwealth of Puerto Rico, or by any political subdivision or other governmental authority thereof, with respect to any payment made from the Fund.
(2) Paragraph (1) shall not be construed to exempt any carrier or underwriting or plan administration subcontractor of an approved health benefits plan from the imposition, payment, or collection of a tax, fee, or other monetary payment on the net income or profit accruing to or realized by such carrier or underwriting or plan administration subcontractor from business conducted under this chapter, if that tax, fee, or payment is applicable to a broad range of business activity.
(g) The fund described in subsection (a) is available to pay costs that the Office incurs for activities associated with implementation of the demonstration project under
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 28, 1959, |
||
Mar. 17, 1964, |
||
Sept. 23, 1959, |
In subsection (a), the words "hereby created" are omitted as executed. The words "hereinafter referred to as the 'Fund' " are omitted as unnecessary. The words "to reimburse the Employees Health Benefits Fund for sums expended by the Commission in administering the provisions of this chapter for the fiscal years 1960 and 1961" in former section 3008(b) are omitted as executed.
In subsection (d), the requirement that the assets and liabilities of plans of organizations that have been merged be transferred at the beginning of the contract term next following the date of the merger or enactment of this subsection is omitted as executed. The next beginning contract term referred to was November 1, 1964, and the transfers have been made. In the last sentence, the word "hereafter" is omitted as unnecessary.
In subsection (e), the word "is" is substituted for "is or has been" as this title is stated prospectively, and any existing rights and duties are preserved by technical section 8.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of the report.
Amendments
1998—Subsec. (e).
Subsec. (g).
1990—Subsec. (a).
Subsec. (f).
1988—Subsec. (d).
1986—Subsec. (b).
1985—Subsec. (d).
Subsec. (e).
1984—Subsecs. (a), (b).
Subsec. (d).
1978—Subsecs. (a), (b).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Disposal of Amounts Remaining as of October 19, 1998, in Contingency Reserve of Discontinued Plan
"(A) the deadline set forth in section 8909(e) of such title (as so amended); or
"(B) if later, the end of the 6-month period beginning on such date of enactment."
Amounts To Be Refunded From Carriers' Special Reserves
"(1) The Office of Personnel Management—
"(A) shall determine the minimum level of financial reserves necessary to be held by a carrier for each health benefits plan under
"(B) shall require the carrier to refund to the Employees Health Benefits Fund (described in
"(2) In carrying out its responsibilities under this subsection, the Office shall ensure that the aggregate amount to be refunded to the Employees Health Benefits Fund under this subsection—
"(A) during fiscal year 1986 shall be not less than $800,000,000; and
"(B) during fiscal year 1987 shall be not less than $300,000,000.
"(3) No amount in the Employees Health Benefits Fund may be transferred to the general fund of the Treasury of the United States as a result of a refund made under this subsection.
"(4)(A) Subject to subparagraphs (B) and (C), any amounts refunded to the Employees Health Benefits Fund under this subsection may be used solely for the purpose of paying the Government contribution under
"(B) This paragraph applies to a refund to the extent that such refund represents amounts attributable to Government contributions which were made under
"(C) Any part of the amount in the Employees Health Benefits Fund as a result of a refund made under this subsection may be transferred—
"(i) to the government of the District of Columbia, except that the amount of any such part so transferred shall not exceed the amount attributable to the contributions made by the government of the District of Columbia to subscription charges under this chapter (as determined by the Office of Personnel Management); and
"(ii) to the United States Postal Service, except that the amount of any such part so transferred shall not exceed the amount attributable to the contributions made by the United States Postal Service to subscription charges under this chapter (as determined by the Office).
"(5) The provisions of this subsection shall apply notwithstanding any provision of the Federal Employees Benefits Improvement Act of 1985 [probably means the Federal Employees Benefits Improvement Act of 1986,
Restrictions Relating to Amounts Refunded to Employees Health Benefits Fund From Carriers' Special Reserves
Section 112 of
"(a)
"(2) This subsection applies with respect to any refund made by a carrier during fiscal year 1986 or 1987 to the Employees Health Benefits Fund to the extent that such refund represents amounts in excess of the minimum level of financial reserves necessary to be held by such carrier to ensure the stable and efficient operation of its health benefits plan.
"(b)
"(2) This subsection applies with respect to any amounts—
"(A) which are referred to in subsection (a)(2); and
"(B) which are attributable to Government contributions (other than contributions by the government of the District of Columbia, which shall be returned to such government) that were made under
"(c)
"(1) the term 'Employees Health Benefits Fund' refers to the fund described in
"(2) the term 'carrier' has the meaning given such term by section 8901(7) of such title; and
"(3) the term 'health benefits plan' has the meaning given such term by section 8901(6) of such title."
Section Referred to in Other Sections
This section is referred to in
§8910. Studies, reports, and audits
(a) The Office of Personnel Management shall make a continuing study of the operation and administration of this chapter, including surveys and reports on health benefits plans available to employees and on the experience of the plans.
(b) Each contract entered into under
(1) furnish such reasonable reports as the Office determines to be necessary to enable it to carry out its functions under this chapter; and
(2) permit the Office and representatives of the General Accounting Office to examine records of the carriers as may be necessary to carry out the purposes of this chapter.
(c) Each Government agency shall keep such records, make such certifications, and furnish the Office with such information and reports as may be necessary to enable the Office to carry out its functions under this chapter.
(d) The Office, in consultation with the Department of Health and Human Services, shall develop and implement a system through which the carrier for an approved health benefits plan described by section 8903 or 8903a will be able to identify those annuitants or other individuals covered by such plan who are entitled to benefits under part A or B of title XVIII of the Social Security Act in order to ensure that payments under coordination of benefits with Medicare do not exceed the statutory maximums which physicians may charge Medicare enrollees.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 28, 1959, |
In subsection (b), the word "agency" is substituted for "department, agency, and independent establishment".
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
The Social Security Act, referred to in subsec. (d), is act Aug. 14, 1935, ch. 531,
Amendments
1990—Subsec. (d).
1978—Subsecs. (a) to (c).
Effective Date of 1990 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
§8911. Advisory committee
The Director of the Office of Personnel Management shall appoint a committee composed of five members, who serve without pay, to advise the Office regarding matters of concern to employees under this chapter. Each member of the committee shall be an employee enrolled under this chapter or an elected official of an employee organization.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 28, 1959, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1978—
Effective Date of 1978 Amendment
Amendment by
Termination of Advisory Committees
Advisory committees in existence on Jan. 5, 1973, to terminate not later than the expiration of the 2-year period following Jan. 5, 1973, unless, in the case of a committee established by the President or an officer of the Federal Government, such committee is renewed by appropriate action prior to the expiration of such 2-year period, or in the case of a committee established by the Congress, its duration is otherwise provided by law. See section 14 of
§8912. Jurisdiction of courts
The district courts of the United States have original jurisdiction, concurrent with the United States Court of Federal Claims, of a civil action or claim against the United States founded on this chapter.
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
Sept. 28, 1959, |
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Amendments
1992—
1982—
Effective Date of 1992 Amendment
Amendment by
Effective Date of 1982 Amendment
Amendment by
§8913. Regulations
(a) The Office of Personnel Management may prescribe regulations necessary to carry out this chapter.
(b) The regulations of the Office may prescribe the time at which and the manner and conditions under which an employee is eligible to enroll in an approved health benefits plan described in
(1) an employee or group of employees solely on the basis of the hazardous nature of employment;
(2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by
(3) an employee who is occupying a position on a part-time career employment basis (as defined in
(4) an employee who is employed on a temporary basis and is eligible under section 8906a(a).
(c) The regulations of the Office shall provide for the beginning and ending dates of coverage of employees, annuitants, members of their families, and former spouses under health benefit plans. The regulations may permit the coverage to continue, exclusive of the temporary extension of coverage described by
(d) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this chapter to an individual named by
(
Derivation | U.S. Code | Revised Statutes and Statutes at Large |
---|---|---|
(a) | Sept. 28, 1959, |
|
(b) | Sept. 28, 1959, July 1, 1960, |
|
Oct. 6, 1964, |
||
(c) | Sept. 28, 1959, |
|
(d) | July 1, 1960, |
In subsection (b)(2), the words "
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Amendments
1988—Subsec. (b)(4).
1985—Subsec. (b).
1984—Subsec. (c).
1978—Subsecs. (a), (b).
Subsec. (b)(3).
Subsec. (c).
Effective Date of 1988 Amendment
Amendment by
Effective Date of 1984 Amendment
Amendment by
Effective Date of 1978 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§8914. Effect of other statutes
Any provision of law outside of this chapter which provides coverage or any other benefit under this chapter to any individuals who (based on their being employed by an entity other than the Government) would not otherwise be eligible for any such coverage or benefit shall not apply with respect to any individual appointed, transferred, or otherwise commencing that type of employment on or after October 1, 1988.
(Added
Section Referred to in Other Sections
This section is referred to in title 22 section 6103; title 25 section 450i.
Subpart H—Access to Criminal History Record Information
CHAPTER 91 —ACCESS TO CRIMINAL HISTORY RECORDS FOR NATIONAL SECURITY PURPOSES
§9101. Criminal history record information for national security purposes
(a) As used in this section:
(1) The term "criminal justice agency" includes Federal, State, and local agencies and means: (A) courts, or (B) a Government agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or Executive order, and which allocates a substantial part of its annual budget to the administration of criminal justice.
(2) The term "criminal history record information" means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, indictments, informations, or other formal criminal charges, and any disposition arising therefrom, sentencing, correction supervision, and release. The term does not include identification information such as fingerprint records to the extent that such information does not indicate involvement of the individual in the criminal justice system. The term does not include those records of a State or locality sealed pursuant to law from access by State and local criminal justice agencies of that State or locality.
(3) The term "classified information" means information or material designated pursuant to the provisions of a statute or Executive order as requiring protection against unauthorized disclosure for reasons of national security.
(4) The term "State" means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Northern Mariana Islands, Guam, the Virgin Islands, American Samoa, the Trust Territory of the Pacific Islands, and any other territory or possession of the United States.
(5) The term "local" and "locality" means any local government authority or agency or component thereof within a State having jurisdiction over matters at a county, municipal, or other local government level.
(b)(1) Upon request by the Department of Defense, the Department of State, the Office of Personnel Management, the Central Intelligence Agency, or the Federal Bureau of Investigation, criminal justice agencies shall make available criminal history record information regarding individuals under investigation by such department, office, agency, or bureau for the purpose of determining eligibility for (A) access to classified information or (B) assignment to or retention in sensitive national security duties. Such a request to a State central criminal history record repository shall be accompanied by the fingerprints of the individual who is the subject of the request if required by State law and if the repository uses the fingerprints in an automated fingerprint identification system. Fees, if any, charged for providing criminal history record information pursuant to this subsection shall not exceed the reasonable cost of providing such information, nor shall they in any event exceed those charged to State or local agencies other than criminal justice agencies for such information.
(2) This subsection shall apply notwithstanding any other provision of law or regulation of any State or of any locality within a State, or any other law of the United States.
(3)(A) Upon request by a State or locality, the Department of Defense, the Department of State, the Office of Personnel Management, the Central Intelligence Agency, or the Federal Bureau of Investigation shall enter into an agreement with such State or locality to indemnify and hold harmless such State or locality, and its officers, employees and agents, from any claim against such State or locality, or its officer, employee or agent, for damages, costs and other monetary loss, whether or not suit is instituted, arising from the disclosure or use by such department, office, agency, or bureau of criminal history record information obtained from the State or locality pursuant to this subsection, if the laws of such State or locality, as of the date of enactment of this section, otherwise have the effect of prohibiting the disclosure of such criminal history record information to such department, office, agency, or bureau.
(B) When the Department of Defense, the Department of State, the Office of Personnel Management, the Central Intelligence Agency, or the Federal Bureau of Investigation and a State or locality have entered into an agreement described in subparagraph (A), and a claim described in such subparagraph is made against such State or locality, or its officer, employee, or agent, the State or locality shall expeditiously transmit notice of such claim to the Attorney General and to the United States Attorney of the district embracing the place wherein the claim is made, and the United States shall have the opportunity to make all determinations regarding the settlement or defense of such claim.
(c) The Department of Defense, the Department of State, the Office of Personnel Management, the Central Intelligence Agency, or the Federal Bureau of Investigation shall not obtain criminal history record information pursuant to this section unless it has received written consent from the individual under investigation for the release of such information for the purposes set forth in paragraph (b)(1).
(d) Criminal history record information received under this section shall be disclosed or used only for the purposes set forth in paragraph (b)(1) or for national security or criminal justice purposes authorized by law, and such information shall be made available to the individual who is the subject of such information upon request.
(e) The authority provided under this section with respect to the Department of State may be exercised only so long as the Department of State continues to extend to its employees and applicants for employment, at a minimum, those procedural safeguards provided for as part of the security clearance process that were made available, as of May 1, 1987, pursuant to section 163.4 of volume 3 of the Foreign Affairs Manual.
(Added
Termination of Subsection (b)(3)
For termination of subsection (b)(3) of this section by section 803(b) of
Amendments
1990—Subsecs. (b)(1), (3)(A), (B), (c).
Subsec. (e).
1986—Subsecs. (b)(1), (3), (c).
Effective Date of 1986 Amendment
Section 402(c) of
Effective Date
Section 802 of
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Termination Date of Subsection (b)(3) of This Section
Section 803(b) of
Report to Congressional Committees on Effect of Provisions for Indemnification Agreements
Section 803(a) of
Section Referred to in Other Sections
This section is referred to in title 42 section 14614.
Subpart I—Miscellaneous
CHAPTER 95 —PERSONNEL FLEXIBILITIES RELATING TO THE INTERNAL REVENUE SERVICE
§9501. Internal Revenue Service personnel flexibilities
(a) Any flexibilities provided by
(1)
(2) provisions relating to preference eligibles;
(3) except as otherwise specifically provided, section 5307 (relating to the aggregate limitation on pay);
(4) except as otherwise specifically provided,
(5) subject to subsections (b) and (c) of section 1104, as though such authorities were delegated to the Secretary of the Treasury under section 1104(a)(2).
(b) The Secretary of the Treasury shall provide the Office of Personnel Management with any information that Office requires in carrying out its responsibilities under this section.
(c) Employees within a unit to which a labor organization is accorded exclusive recognition under
(Added
§9502. Pay authority for critical positions
(a) When the Secretary of the Treasury seeks a grant of authority under section 5377 for critical pay for 1 or more positions at the Internal Revenue Service, the Office of Management and Budget may fix the rate of basic pay, notwithstanding sections 5377(d)(2) and 5307, at any rate up to the salary set in accordance with
(b) Notwithstanding section 5307, no allowance, differential, bonus, award, or similar cash payment may be paid to any employee receiving critical pay at a rate fixed under subsection (a), in any calendar year if, or to the extent that, the employee's total annual compensation will exceed the maximum amount of total annual compensation payable at the salary set in accordance with
(Added
Section Referred to in Other Sections
This section is referred to in
§9503. Streamlined critical pay authority
(a) Notwithstanding section 9502, and without regard to the provisions of this title governing appointments in the competitive service or the Senior Executive Service and chapters 51 and 53 (relating to classification and pay rates), the Secretary of the Treasury may, for a period of 10 years after the date of enactment of this section, establish, fix the compensation of, and appoint individuals to, designated critical administrative, technical, and professional positions needed to carry out the functions of the Internal Revenue Service, if—
(1) the positions—
(A) require expertise of an extremely high level in an administrative, technical, or professional field; and
(B) are critical to the Internal Revenue Service's successful accomplishment of an important mission;
(2) exercise of the authority is necessary to recruit or retain an individual exceptionally well qualified for the position;
(3) the number of such positions does not exceed 40 at any one time;
(4) designation of such positions are approved by the Secretary of the Treasury;
(5) the terms of such appointments are limited to no more than 4 years;
(6) appointees to such positions were not Internal Revenue Service employees prior to June 1, 1998;
(7) total annual compensation for any appointee to such positions does not exceed the highest total annual compensation payable at the rate determined under
(8) all such positions are excluded from the collective bargaining unit.
(b) Individuals appointed under this section shall not be considered to be employees for purposes of subchapter II of
(Added
References in Text
The provisions of this title governing appointments in the competitive service, referred to in subsec. (a), are classified generally to
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of
Section Referred to in Other Sections
This section is referred to in
§9504. Recruitment, retention, relocation incentives, and relocation expenses
(a) For a period of 10 years after the date of enactment of this section and subject to approval by the Office of Personnel Management, the Secretary of the Treasury may provide for variations from sections 5753 and 5754 governing payment of recruitment, relocation, and retention incentives.
(b) For a period of 10 years after the date of enactment of this section, the Secretary of the Treasury may pay from appropriations made to the Internal Revenue Service allowable relocation expenses under section 5724a for employees transferred or reemployed and allowable travel and transportation expenses under section 5723 for new appointees, for any new appointee appointed to a position for which pay is fixed under section 9502 or 9503 after June 1, 1998.
(Added
References in Text
The date of enactment of this section, referred to in text, is the date of enactment of
Section Referred to in Other Sections
This section is referred to in
§9505. Performance awards for senior executives
(a) For a period of 10 years after the date of enactment of this section, Internal Revenue Service senior executives who have program management responsibility over significant functions of the Internal Revenue Service may be paid a performance bonus without regard to the limitation in section 5384(b)(2) if the Secretary of the Treasury finds such award warranted based on the executive's performance.
(b) In evaluating an executive's performance for purposes of an award under this section, the Secretary of the Treasury shall take into account the executive's contributions toward the successful accomplishment of goals and objectives established under the Government Performance and Results Act of 1993, division E of the Clinger-Cohen Act of 1996 (
(c) Any award in excess of 20 percent of an executive's rate of basic pay shall be approved by the Secretary of the Treasury.
(d) Notwithstanding section 5384(b)(3), the Secretary of the Treasury shall determine the aggregate amount of performance awards available to be paid during any fiscal year under this section and section 5384 to career senior executives in the Internal Revenue Service. Such amount may not exceed an amount equal to 5 percent of the aggregate amount of basic pay paid to career senior executives in the Internal Revenue Service during the preceding fiscal year. The Internal Revenue Service shall not be included in the determination under section 5384(b)(3) of the aggregate amount of performance awards payable to career senior executives in the Department of the Treasury other than the Internal Revenue Service.
(e) Notwithstanding section 5307, a performance bonus award may not be paid to an executive in a calendar year if, or to the extent that, the executive's total annual compensation will exceed the maximum amount of total annual compensation payable at the rate determined under
(Added
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of
The Government Performance and Results Act of 1993, referred to in subsec. (b), is
The Clinger-Cohen Act of 1996, referred to in subsec. (b), is div. D (§§4001–4402) and div. E (§§5001–5703) of
Section Referred to in Other Sections
This section is referred to in
§9506. Limited appointments to career reserved Senior Executive Service positions
(a) In the application of section 3132, a "career reserved position" in the Internal Revenue Service means a position designated under section 3132(b) which may be filled only by—
(1) a career appointee; or
(2) a limited emergency appointee or a limited term appointee—
(A) who, immediately upon entering the career reserved position, was serving under a career or career-conditional appointment outside the Senior Executive Service; or
(B) whose limited emergency or limited term appointment is approved in advance by the Office of Personnel Management.
(b)(1) The number of positions described under subsection (a) which are filled by an appointee as described under paragraph (2) of such subsection may not exceed 10 percent of the total number of Senior Executive Service positions in the Internal Revenue Service.
(2) Notwithstanding section 3132—
(A) the term of an appointee described under subsection (a)(2) may be for any period not to exceed 3 years; and
(B) such an appointee may serve—
(i) two such terms; or
(ii) two such terms in addition to any unexpired term applicable at the time of appointment.
(Added
Section Referred to in Other Sections
This section is referred to in
§9507. Streamlined demonstration project authority
(a) The exercise of any of the flexibilities under sections 9502 through 9510 shall not affect the authority of the Secretary of the Treasury to implement for the Internal Revenue Service a demonstration project subject to
(b) In applying section 4703 to a demonstration project described in section 4701(a)(4) which involves the Internal Revenue Service—
(1) section 4703(b)(1) shall be deemed to read as follows:
"(1) develop a plan for such project which describes its purpose, the employees to be covered, the project itself, its anticipated outcomes, and the method of evaluating the project;";
(2) section 4703(b)(3) shall not apply;
(3) the 180-day notification period in section 4703(b)(4) shall be deemed to be a notification period of 30 days;
(4) section 4703(b)(6) shall be deemed to read as follows:
"(6) provides each House of Congress with the final version of the plan.";
(5) section 4703(c)(1) shall be deemed to read as follows:
"(1) subchapter V of
(6) the requirements of paragraphs (1)(A) and (2) of section 4703(d) shall not apply; and
(7) notwithstanding section 4703(d)(1)(B), based on an evaluation as provided in section 4703(h), the Office of Personnel Management and the Secretary of the Treasury, except as otherwise provided by this subsection, may waive the termination date of a demonstration project under section 4703(d).
(c) At least 90 days before waiving the termination date under subsection (b)(7), the Office of Personnel Management shall publish in the Federal Register a notice of its intention to waive the termination date and shall inform in writing both Houses of Congress of its intention.
(Added
Section Referred to in Other Sections
This section is referred to in
§9508. General workforce performance management system
(a) In lieu of a performance appraisal system established under section 4302, the Secretary of the Treasury shall, within 1 year after the date of enactment of this section, establish for the Internal Revenue Service a performance management system that—
(1) maintains individual accountability by—
(A) establishing one or more retention standards for each employee related to the work of the employee and expressed in terms of individual performance, and communicating such retention standards to employees;
(B) making periodic determinations of whether each employee meets or does not meet the employee's established retention standards; and
(C) taking actions, in accordance with applicable laws and regulations, with respect to any employee whose performance does not meet established retention standards, including denying any increases in basic pay, promotions, and credit for performance under section 3502, and taking one or more of the following actions:
(i) Reassignment.
(ii) An action under
(iii) Any other appropriate action to resolve the performance problem; and
(2) except as provided under section 1204 of the Internal Revenue Service Restructuring and Reform Act of 1998, strengthens the system's effectiveness by—
(A) establishing goals or objectives for individual, group, or organizational performance (or any combination thereof), consistent with the Internal Revenue Service's performance planning procedures, including those established under the Government Performance and Results Act of 1993, division E of the Clinger-Cohen Act of 1996 (
(B) using such goals and objectives to make performance distinctions among employees or groups of employees; and
(C) using performance assessments as a basis for granting employee awards, adjusting an employee's rate of basic pay, and other appropriate personnel actions, in accordance with applicable laws and regulations.
(b)(1) For purposes of subsection (a)(2), the term "performance assessment" means a determination of whether or not retention standards established under subsection (a)(1)(A) are met, and any additional performance determination made on the basis of performance goals and objectives established under subsection (a)(2)(A).
(2) For purposes of this title, the term "unacceptable performance" with respect to an employee of the Internal Revenue Service covered by a performance management system established under this section means performance of the employee which fails to meet a retention standard established under this section.
(c)(1) The Secretary of the Treasury may establish an awards program designed to provide incentives for and recognition of organizational, group, and individual achievements by providing for granting awards to employees who, as individuals or members of a group, contribute to meeting the performance goals and objectives established under this chapter by such means as a superior individual or group accomplishment, a documented productivity gain, or sustained superior performance.
(2) A cash award under subchapter I of
(d)(1) In applying sections 4303(b)(1)(A) and 7513(b)(1) to employees of the Internal Revenue Service, "30 days" may be deemed to be "15 days".
(2) Notwithstanding the second sentence of section 5335(c), an employee of the Internal Revenue Service shall not have a right to appeal the denial of a periodic step increase under section 5335 to the Merit Systems Protection Board.
(Added
References in Text
The date of enactment of this section, referred to in subsec. (a), is the date of enactment of
Section 1204 of the Internal Revenue Service Restructuring and Reform Act of 1998, referred to in subsec. (a)(2), is section 1204 of
The Government Performance and Results Act of 1993, referred to in subsec. (a)(2)(A), is
The Clinger-Cohen Act of 1996, referred to in subsec. (a)(2)(A), is div. D (§§4001–4402) and div. E (§§5001–5703) of
Section Referred to in Other Sections
This section is referred to in
§9509. General workforce classification and pay
(a) For purposes of this section, the term "broad-banded system" means a system for grouping positions for pay, job evaluation, and other purposes that is different from the system established under
(b)(1)(A) The Secretary of the Treasury may, subject to criteria to be prescribed by the Office of Personnel Management, establish one or more broad-banded systems covering all or any portion of the Internal Revenue Service workforce.
(B) With the approval of the Office of Personnel Management, a broad-banded system established under this section may either include or consist of positions that otherwise would be subject to subchapter IV of
(2) The Office of Personnel Management may require the Secretary of the Treasury to submit information relating to broad-banded systems at the Internal Revenue Service.
(3) Except as otherwise provided under this section, employees under a broad-banded system shall continue to be subject to the laws and regulations covering employees under the pay system that otherwise would apply to such employees.
(4) The criteria to be prescribed by the Office of Personnel Management shall, at a minimum—
(A) ensure that the structure of any broad-banded system maintains the principle of equal pay for substantially equal work;
(B) establish the minimum and maximum number of grades that may be combined into pay bands;
(C) establish requirements for setting minimum and maximum rates of pay in a pay band;
(D) establish requirements for adjusting the pay of an employee within a pay band;
(E) establish requirements for setting the pay of a supervisory employee whose position is in a pay band or who supervises employees whose positions are in pay bands; and
(F) establish requirements and methodologies for setting the pay of an employee upon conversion to a broad-banded system, initial appointment, change of position or type of appointment (including promotion, demotion, transfer, reassignment, reinstatement, placement in another pay band, or movement to a different geographic location), and movement between a broad-banded system and another pay system.
(c) With the approval of the Office of Personnel Management and in accordance with a plan for implementation submitted by the Secretary of the Treasury, the Secretary may, with respect to Internal Revenue Service employees who are covered by a broad-banded system established under this section, provide for variations from the provisions of subchapter VI of
(Added
Section Referred to in Other Sections
This section is referred to in
§9510. General workforce staffing
(a)(1) Except as otherwise provided by this section, an employee of the Internal Revenue Service may be selected for a permanent appointment in the competitive service in the Internal Revenue Service through internal competitive promotion procedures if—
(A) the employee has completed, in the competitive service, 2 years of current continuous service under a term appointment or any combination of term appointments;
(B) such term appointment or appointments were made under competitive procedures prescribed for permanent appointments;
(C) the employee's performance under such term appointment or appointments met established retention standards, or, if not covered by a performance management system established under section 9508, was rated at the fully successful level or higher (or equivalent thereof); and
(D) the vacancy announcement for the term appointment from which the conversion is made stated that there was a potential for subsequent conversion to a permanent appointment.
(2) An appointment under this section may be made only to a position in the same line of work as a position to which the employee received a term appointment under competitive procedures.
(b)(1) Notwithstanding subchapter I of
(2) Each applicant who meets the minimum qualification requirements for the position to be filled shall be assigned to an appropriate category based on an evaluation of the applicant's knowledge, skills, and abilities relative to those needed for successful performance in the position to be filled.
(3) Within each quality category established under paragraph (1), preference eligibles shall be listed ahead of individuals who are not preference eligibles. For other than scientific and professional positions at or higher than GS–9 (or equivalent), preference eligibles who have a compensable service-connected disability of 10 percent or more, and who meet the minimum qualification standards, shall be listed in the highest quality category.
(4) An appointing authority may select any applicant from the highest quality category or, if fewer than three candidates have been assigned to the highest quality category, from a merged category consisting of the highest and second highest quality categories.
(5) Notwithstanding paragraph (4), the appointing authority may not pass over a preference eligible in the same or higher category from which selection is made unless the requirements of section 3317(b) or 3318(b), as applicable, are satisfied.
(c) The Secretary of the Treasury may detail employees among the offices of the Internal Revenue Service without regard to the 120-day limitation in section 3341(b).
(d) Notwithstanding any other provision of law, the Secretary of the Treasury may establish a probationary period under section 3321 of up to 3 years for Internal Revenue Service positions if the Secretary of the Treasury determines that the nature of the work is such that a shorter period is insufficient to demonstrate complete proficiency in the position.
(e) Nothing in this section exempts the Secretary of the Treasury from—
(1) any employment priority established under direction of the President for the placement of surplus or displaced employees; or
(2) any obligation under a court order or decree relating to the employment practices of the Internal Revenue Service or the Department of the Treasury.
(Added
References in Text
GS–9, referred to in subsec. (b)(3), is contained in the General Schedule which is set out under
Section Referred to in Other Sections
This section is referred to in