5 U.S.C. § 5523 — Duration of payments; rates; active service period
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 289 words · no verdicts yet
This section permits payments for up to 60 days after certain authorized or ordered departures and allows a limited Presidential extension for Executive agencies. It sets payment rates and treats paid periods as active service.
(a) The agency head may provide: (1) payments covering no more than 60 days to or for an employee’s account, including in an emergency on a reimbursable basis for another agency’s employee, when the employee’s dependents’ or immediate family’s departure is authorized or ordered under section 5522(a); and (2) an end to those payments. For Executive agencies, the President may extend the 60-day period by no more than 120 more days if the President decides the extension serves the United States’ interest. (b) Subject to account adjustment under section 5524 and other applicable law, each payment uses the pay, allowance, and differential rates authorized for the employee on the payment date under agency procedures. Those rates cannot exceed the rates the employee was entitled to immediately before the departure order. An Executive-agency employee may receive extra allowances the President finds necessary to offset direct added departure expenses. (c) Every period for which an employee receives payment under this section counts for all purposes as active service, without a break in service, with the United States or District of Columbia government.
The head of each agency may provide for—
the payment of monetary amounts covering a period of not more than 60 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 the employee’s dependents or immediate family, as the case may be) is authorized or ordered under section 5522(a); and
the termination of payment of the monetary amounts.
The President, with respect to the Executive agencies, may extend the 60-day period for not more than 120 additional days if he determines that the extension of the period is in the interest of the United States.
Subject to adjustment of the account of an employee under section 5524 of this title and other applicable statute, each payment under this section is at rates of pay, allowances, and differentials, or any of them, currently authorized with respect to the employee on the date payment is made under agency procedures governing payments under this section. The rates so authorized may not exceed the rates to which the employee was entitled immediately before issuance of the departure order. An employee in an Executive agency may be granted such additional allowance payments as the President determines necessary to offset the direct added expenses incident to the departure.
Each period for which payment of amounts is made under this section to or for the account of an employee is deemed, for all purposes with respect to the employee, a period of active service, without break in service, performed by the employee in the employment of the Government of the United States or the government of the District of Columbia.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 480; Pub. L. 96–465, title II, § 2303(c), (d), Oct. 17, 1980, 94 Stat. 2165; Pub. L. 102–138, title I, § 147(a), Oct. 28, 1991, 105 Stat. 669.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 480
- 1980Amended · Pub. L. 96-465 · 94 Stat. 2165
- 1991Amended · Pub. L. 102-138 · 105 Stat. 669
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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