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2 U.S.C. § 4580 — Lump sum payment for accrued annual leave of Senate employees

submitted 26 years ago by Pub. L. 106-554 to r/title-2-THE-CONGRESS · 420 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section addresses lump sum payment for accrued annual leave of senate employees. It sets the rules and duties stated in the section.

(a) Authorization. When a Senate employee leaves employment, the head of the employing office may authorize a lump-sum payment for the employee’s accrued annual leave if: (1)(A) the office head approved a written leave policy allowing employees to accrue leave and setting the conditions for payment; (B) the office head certifies in writing to the Senate Financial Clerk how many accrued leave days will be paid; and (2) enough money is available. (b) Rates. (1) The payment may not exceed the lesser of (A) twice the employee’s monthly pay or (B) the employee’s daily pay multiplied by the accrued leave days. (2) The Secretary determines both rates using the annual pay in effect when employment ends. (c) Source. The payment comes from the account or fund used to pay the employee. (d) Reemployment refund. If the person is rehired by the Senate before the lump-sum period ends, the person must repay the pay covering the time from reemployment through the end of that period. The repayment goes into the account or fund that paid the lump sum. (e) Regulations. The Senate Committee on Rules and Administration may issue regulations. (f) Definitions. “Employee of the Senate” means a person paid by the Secretary, except a Capitol Police member or civilian Capitol Police employee. “Head of the employing office” means the person with final authority to appoint, hire, discharge, and set employment terms, conditions, or privileges for a person paid by the Secretary.

the actual law source: uscode.house.gov ↗public domain
(a) Authorization

The head of the employing office of an employee of the Senate may, upon termination of employment of the employee, authorize payment of a lump sum for the accrued annual leave of that employee if—

(1)

the head of the employing office—

(A)

has approved a written leave policy authorizing employees to accrue leave and establishing the conditions upon which accrued leave may be paid; and

(B)

submits written certification to the Financial Clerk of the Senate of the number of days of annual leave accrued by the employee for which payment is to be made under the written leave policy of the employing office; and

(2)

there are sufficient funds to cover the lump sum payment.

(b) Rates
(1)

A lump sum payment under this section shall not exceed the lesser of—

(A)

twice the monthly rate of pay of the employee; or

(B)

the product of the daily rate of pay of the employee and the number of days of accrued annual leave of the employee.

(2)

The Secretary of the Senate shall determine the rates of pay of an employee under paragraph (1)(A) and (B) on the basis of the annual rate of pay of the employee in effect on the date of termination of employment.

(c) Source of payment

Any payment under this section shall be paid from the appropriation account or fund used to pay the employee.

(d) Reemployment refund

If an individual who received a lump sum payment under this section is reemployed as an employee of the Senate before the end of the period covered by the lump sum payment, the individual shall refund an amount equal to the applicable pay covering the period between the date of reemployment and the expiration of the lump sum period. Such amount shall be deposited to the appropriation account or fund used to pay the lump sum payment.

(e) Regulations

The Committee on Rules and Administration of the Senate may prescribe regulations to carry out this section.

(f) Definitions

In this section, the term—

(1)

“employee of the Senate” means any employee whose pay is disbursed by the Secretary of the Senate, except that the term does not include a member of the Capitol Police or a civilian employee of the Capitol Police; and

(2)

“head of the employing office” means any person with the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of an individual whose pay is disbursed by the Secretary of the Senate.

Source credit: (Pub. L. 106–554, § 1(a)(2) [title I, § 6], Dec. 21, 2000, 114 Stat. 2763, 2763A–97.)

history & why it existsrecord from the source credit
  • 2000Enacted · Pub. L. 106-554 · 114 Stat. 2763, 2763

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-554 on 2000-12-21.

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