5 U.S.C. § 5565 — Agency review
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 265 words · no verdicts yet
After nearly 12 months without an official death report or explanation, an employee’s missing-status case must be reviewed. The agency may continue the status if the employee is reasonably presumed alive or find that the employee died.
(a) When an employee has been missing almost 12 months and no official death report or report of the continuing absence’s circumstances was received, the case must be fully reviewed. After that review and 12 months missing, or after a later warranted review, the agency head or designee may (1) continue the status if the employee is reasonably presumed alive, or (2) find death. (b) A finding must state the presumed death date for ending credit for pay and allowances and settling accounts: (1) the day after the 12 months ends, or (2) a date chosen by the agency head or designee if status was continued. (c) For deciding status, a dependent of an active-service employee is treated as an employee. The determination is conclusive for all other United States agencies and does not give a dependent otherwise unavailable pay, allowances, or compensation.
When an employee has been in a missing status almost 12 months and no official report of his death or the circumstances of his continued absence has been received by the head of the agency concerned, he shall have the case fully reviewed. After that review and the end of 12 months in a missing status, or after any later review which shall be made when warranted by information received or other circumstances, the head of the agency concerned or his designee may—
direct the continuance of his missing status, if there is a reasonable presumption that the employee is alive; or
make a finding of death.
When a finding of death is made under subsection (a) of this section, it shall include the date death is presumed to have occurred for the purpose of the ending of crediting pay and allowances and settlement of accounts. That date is—
the day after the day on which the 12 months in a missing status ends; or
a day determined by the head of the agency concerned or his designee when the missing status has been continued under subsection (a) of this section.
For the purpose of determining status under this section, a dependent of an employee in active service is deemed an employee. A determination under this section made by the head of the agency concerned or his designee is conclusive on all other agencies of the United States. This section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 492.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 492
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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