5 U.S.C. § 5563 — Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 430 words · no verdicts yet
This section governs allotments from the pay and allowances of employees in a missing status. It allows existing allotments to continue and permits new, changed, or agency-directed allotments within stated limits.
(a) An allotment, including one used to buy United States savings bonds, that an employee made before entering a missing status may continue during that status, even after its original period ends. (b) If there is no allotment, or one is too small for a purpose authorized by the agency head, the agency head or designee may authorize a new or larger allotment as circumstances justify. It is payable while the employee is missing. (c) All allotments from the pay and allowances of an employee in missing status together may not exceed the amount allowed by agency regulations. (d) An insurance premium paid by the United States for a period after the employee’s death returns to the agency appropriation. (e) Subject to (f) and (g), the agency head or designee may start, continue, stop, increase, decrease, suspend, or resume an allotment when that action serves the employee, dependents, or United States. (f) If the agency head officially reports that the employee is alive, an allotment under (a)–(d) may be paid, subject to section 5562 of title 5, until the agency receives evidence of death or return to the agency’s controllable jurisdiction. (g) If the employee remains missing under section 5565, an allotment under (a)–(d) may continue, increase, or begin. (h) If essential for the well-being and protection of dependents of an active-service employee who is not missing, the agency head may, with or without consent and subject to stopping it on the employee’s specific request, (1) direct a new allotment, (2) increase or decrease an employee-made allotment, or (3) continue an expired allotment.
An allotment (including one for the purchase of United States savings bonds) made by an employee before he was in a missing status may be continued for the period he is in that status, notwithstanding the end of the period for which the allotment was made.
In the absence of an allotment or when an allotment is insufficient for a purpose authorized by the head of the agency concerned, he or his designee may authorize such a new or increased allotment as circumstances warrant, which is payable for the period the employee concerned is in a missing status.
All allotments from the pay and allowances of an employee in a missing status may not total more than the amount of pay and allowances he is permitted to allot under regulations prescribed by the head of the agency concerned.
A premium paid by the United States on insurance issued on the life of an employee, which is unearned because it covers a period after his death, reverts to the appropriation of the agency concerned.
Subject to subsections (f) and (g) of this section, the head of the agency concerned or his designee may direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of an allotment from the pay and allowances of an employee in a missing status when that action is in the interests of the employee, his dependents, or the United States.
When the head of the agency concerned officially reports that an employee in a missing status is alive, an allotment under subsections (a)–(d) of this section may be paid, subject to section 5562 of this title, until the date the head of the agency concerned receives evidence that the employee is dead or has returned to the controllable jurisdiction of the agency concerned.
When an employee in a missing status is continued in that status under section 5565 of this title, an allotment under subsections (a)–(d) of this section may be continued, increased, or initiated.
When the head of the agency concerned considers it essential for the well-being and protection of the dependents of an employee in active service (other than an employee in a missing status), he may, with or without the consent of the employee and subject to termination on specific request of the employee—
direct the payment of a new allotment from the pay of the employee;
increase or decrease the amount of an allotment made by the employee; and
continue payment of an allotment of the employee which has expired.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 490.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 490
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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