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5 U.S.C. § 5524a — Advance payments for new appointees and employees relocating within the United States and its territories

submitted 36 years ago by Pub. L. 101-509 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 389 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section permits limited basic-pay advances for new appointees and employees assigned outside their commuting areas. It provides for account adjustments, recovery, and possible waiver.

(a) (1) The agency head may advance basic pay for no more than two pay periods to a person newly appointed to an agency position. (2) The agency head may advance basic pay for no more than four pay periods to an employee assigned to an agency position outside the employee’s commuting area in the United States, Puerto Rico, the Northern Mariana Islands, or a United States territory or possession. (b) (1) Subject to the account review and adjustment in paragraph (2) and other law, the advance uses the initial basic-pay rate payable when the employee starts the appointed or assigned position, under agency procedures. (2) The agency head must: (A) review each recipient employee’s account; and (B) adjust the payment based on the basic-pay rate the employee would have received under other applicable law for the covered periods if the employee had actively served under the appointment or assignment in that position. (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) another method allowed by law. The agency head may waive all or part of recovery if it would be inequitable or against the public interest.

the actual law source: uscode.house.gov ↗public domain
(a)
(1)

The head of each agency may provide for the advance payment of basic pay, covering not more than 2 pay periods, to any individual who is newly appointed to a position in the agency.

(2)

The head of each agency may provide for the advance payment of basic pay, covering not more than 4 pay periods, to an employee who is assigned to a position in the agency that is located—

(A)

outside of the employee’s commuting area; and

(B)

in the United States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States.

(b)
(1)

Subject to adjustment of the account of an employee under paragraph (2) and other applicable statutes, the advance payment of basic pay shall be made, under agency procedures governing advance payments under this section, at the initial rate of basic pay to be payable to the employee upon the commencement of service in the position to which appointed or assigned.

(2)

The head of each agency shall provide for—

(A)

the review of the account of each employee of the agency in receipt of any payment under this section; and

(B)

the adjustment of the amount of any such payment on the basis of the rate of basic pay to which the employee would have been entitled under applicable statute other than this section for the respective periods covered by the payments, if the employee had performed active service under the terms of such employee’s appointment or assignment during each period in the position to which appointed or assigned.

(c)

An advance payment under 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 such employee’s estate by—

(1)

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

(2)

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 payment under this section if it is shown that the recovery would be against equity and good conscience or against the public interest.

Source credit: (Added Pub. L. 101–509, title V, § 529 [title I, § 107(a)], Nov. 5, 1990, 104 Stat. 1427, 1449; amended Pub. L. 114–328, div. A, title XI, § 1134(a)–(c)(1), Dec. 23, 2016, 130 Stat. 2459.)

history & why it existsrecord from the source credit
  • 1990Enacted · Pub. L. 101-509 · 104 Stat. 1427, 1449
  • 2016Amended · Pub. L. 114-328 · 130 Stat. 2459

A history note hasn’t been published yet. The record shows enactment by Pub. L. 101-509 on 1990-11-05.

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