5 U.S.C. § 5566 — Agency determinations
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 568 words · no verdicts yet
The agency head may make conclusive decisions needed to administer this subchapter, including decisions about death, dependency, status, dates, pay, and allotments. The section also addresses correcting decisions, delayed death evidence, and waiving recovery of some overpayments.
(a) The agency head or designee may make needed decisions, conclusive about (1) death or finding of death, (2) dependency, (3) another covered status, (4) an important date including receipt of evidence or information, and (5) whether information about an employee is treated as an official death report. (b) Information conclusively establishing death must be treated as an official report despite an earlier action. After the 12-month period in section 5565, a death finding is required when information or passage of time creates a reasonable presumption of death. (c) The agency head or designee may conclusively decide entitlement to pay and allowances, including account credits and charges. An account may not be charged for compensation a hostile force may give, owe, or credit to an employee captured, beleaguered, or besieged by it. (d) A determination may be changed or modified when circumstances warrant reconsideration. (e) An allotment charged to an employee’s account must be recredited if payment was induced by fraud or misrepresentation in which the employee did not participate. (f) Except an unearned-insurance-premium allotment, an allotment paid while missing cannot be collected from the allottee as an overpayment when delayed death evidence caused payment. A payment after entitlement ended cannot be collected from the allottee or charged to a deceased employee when delayed death evidence caused it. (g) Recovery of an erroneous or excessive allotment payment to a dependent may be waived if recovery would be against equity and good conscience. (h) A dependent of an active-service employee is treated as an employee for status decisions. The determination is conclusive for other United States agencies and gives no otherwise unavailable compensation.
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—
death or finding of death;
the fact of dependency under this subchapter;
any other status covered by this subchapter;
an essential date, including one on which evidence or information is received by the head of the agency concerned; and
whether information received concerning an employee is to be construed and acted on as an official report of death.
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 other status of the employee. After the end of 12 months in a missing status prescribed by section 5565 of this title, the head of the agency concerned or his designee shall make a finding of death when he considers that the information received, or a lapse of time without information, establishes a reasonable presumption that an employee in a missing status is dead.
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.
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.
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.
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.
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.
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.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 493.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 493
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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