§5551. Lump-sum payment for accumulated and accrued leave on separation
(a) An employee as defined by section 2105 of this title or an individual employed by the government of the District of Columbia, who is separated from the service or elects to receive a lump-sum payment for leave under section 5552 of this title, is entitled to receive a lump-sum payment for accumulated and current accrued annual or vacation leave to which he is entitled by statute. The lump-sum payment shall equal the pay (excluding any differential under section 5925 and any allowance under section 5928) the employee or individual would have received had he remained in the service until expiration of the period of the annual or vacation leave. The lump-sum payment is considered pay for taxation purposes only. The period of leave used for calculating the lump-sum payment shall not be extended due to any holiday occurring after separation. For the purposes of this subsection, movement to employment described in section 2105(c) shall not be deemed separation from the service in the case of an employee whose annual leave is transferred under section 6308(b).
(b) The accumulated and current accrued annual leave to which an officer excepted from subchapter I of chapter 63 of this title by section 6301(2)(x)–(xiii) of this title, is entitled immediately before the date he is excepted under that section shall be liquidated by a lump-sum payment in accordance with subsection (a) of this section or subchapter VIII of this chapter, except that the payment is based on the rate of pay which he was receiving, immediately before the date on which section 6301(2)(x)–(xiii) of this title became applicable to him.
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| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | 5 U.S.C. 61b (1st, 2d, and 6th sentences). | 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), |
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| (b) | 5 U.S.C. 2061a(a). | July 2, 1953, ch. 178, §2(a), |
In subsection (a), the words "An employee as defined by section 2105 of this title" are coextensive with and substituted for "civilian officer or employee of the Federal Government". Reference to "section 1474 of Appendix to Title 50, is omitted in view of the repeal of that section by the Act of July 24, 1956, ch. 671, §5(a)(3),
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
1991-Subsec. (a).
1990-Subsec. (a).
1980-Subsec. (a).
1978-Subsec. (b).
1973-Subsec. (a).
Subsec. (b).
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 sections 5551, 6301, 6302, and 6306 of this title] shall take effect beginning on the first day of the first applicable pay period beginning on or after the date of the enactment of this Act [Oct. 25, 1978].
"(b) The amendment made by section 3 of this Act [amending section 8339 of this title] shall apply only with respect to employees who retire or die on or after the date of the enactment of this Act [Oct. 25, 1978]."
Cross References
Members of armed forces, payments for unused accrued leave, see section 501 of Title 37, Pay and Allowances of the Uniformed Services.
Section Referred to in Other Sections
This section is referred to in sections 5552, 5596, 6304, 6306, 6335, 6368, 8344, 8468 of this title; title 15 section 2081; title 20 sections 904, 4416; title 25 sections 2011, 2012; title 38 section 7458; title 45 section 1206.