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5 U.S.C. § 5561 — Definitions

submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 350 words · no verdicts yet

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This section sets rules about “Definitions.” It states the requirements, powers, limits, and exceptions that apply to that subject.

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, that 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.

the actual law source: uscode.house.gov ↗public domain

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.

Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 489; Pub. L. 105–85, div. A, title VI, § 603(d)(3), Nov. 18, 1997, 111 Stat. 1783.)

history & why it existsrecord from the source credit
  • 1966Enacted · Pub. L. 89-554 · 80 Stat. 489
  • 1997Amended · Pub. L. 105-85 · 111 Stat. 1783

A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.

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