5 U.S.C. § 5522 — Advance payments; rates; amounts recoverable
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 352 words · no verdicts yet
This section permits limited advances of pay, allowances, and differentials when an authorized or ordered departure involves national interest or imminent danger. It also sets advance rates, recovery methods, and a waiver rule.
The agency head may advance up to 30 days of an employee’s pay, allowances, or differentials, or any combination of them, to or for the employee’s account. In an emergency, the agency may do this on a reimbursable basis for another agency’s employee. The employee’s departure, or the departure of the employee’s dependents or immediate family, must be officially authorized or ordered because: (a)(1) the person is leaving a place outside the United States from which the Secretary of State decides that some or all employees, dependents, or both must leave in the national interest; or (2) the person is leaving a place where the employee, dependents, or immediate family face imminent danger to life. (b) Subject to account adjustment under section 5524 and other applicable law, the advance uses rates authorized for the employee on the date of payment under agency procedures. Those rates cannot exceed the rates the employee was entitled to immediately before the departure order. (c) The United States or District of Columbia government may recover the advance from the employee or estate by: (1) setting it off against accrued pay, retirement credit, or another amount owed by that government; and (2) any other method allowed by law. The agency head may waive all or part of recovery if recovery would be inequitable or against the public interest.
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—
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
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.
Subject to adjustment of the account of an employee under section 5524 of this title and other applicable statute, the advance payment of pay, allowances, and differentials is at rates currently authorized with respect to the employee on the date the advance payment is made under agency procedures governing advance payments under this subsection. The rates so authorized may not exceed the rates to which the employee was entitled immediately before issuance of the departure order.
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—
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
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.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 480; Pub. L. 96–465, title II § 2303(a), (b), Oct. 17, 1980, 94 Stat. 2164, 2165.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 480
- 1980Amended · Pub. L. 96-465 · 94 Stat. 2164, 2165
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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