§421 — Title 24 Hospitals and Asylums | U.S. Code

Summary

The Chief Operating Officer can hire a resident of the Armed Forces Retirement Home for part-time or occasional work, pay them for those services, and set the pay rate. Being paid that way does not make the resident a federal employee or count as holding a federal position for most laws (including 5 U.S.C. 5532). The resident is treated as an employee only for workers’ compensation (subchapter I of chapter 81, title 5) and for claims under chapter 171 of title 28. The word "position" uses the meaning in section 5531 of title 5.

Title 24, §421

Hospitals and Asylums — Source: USLM XML via OLRC

(a)The Chief Operating Officer is authorized to accept for the Armed Forces Retirement Home the part-time or intermittent services of a resident of the Retirement Home, to pay the resident for such services, and to fix the rate of such pay.

(b)A resident receiving pay for services authorized under subsection (a) shall not, by reason of performing such services and receiving pay for such services, be considered as—

(1)receiving the pay of a position or being employed in a position for the purposes of section 5532 11 See References in Text note below. of title 5; or

(2)being an employee of the United States for any purpose other than—

(A)subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries); and

(B)chapter 171 of title 28 (relating to claims for damages or loss).

(c)In subsection (b)(1), the term “position” has the meaning given that term in section 5531 of title 5.

Notes & Related Subsidiaries

Editorial Notes

References in Text

Section 5532 of title 5, referred to in subsec. (b)(1), was repealed by Pub. L. 106–65, div. A, title VI, § 651(a)(1), Oct. 5, 1999, 113 Stat. 664.

Amendments

2001—Subsec. (a). Pub. L. 107–107 substituted “Chief Operating Officer” for “Chairman of the Armed Forces Retirement Board”. 1996—Subsec. (b)(2). Pub. L. 104–201 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “being an employee of the United States for any other purpose.”

Statutory Notes and Related Subsidiaries

Forgiveness of Indebtedness Pub. L. 102–484, div. A, title III, § 385(b), Oct. 23, 1992, 106 Stat. 2394, provided that: “The Chairman of the Armed Forces Retirement Board is authorized to cancel the indebtedness of any resident of the Armed Forces Retirement Home for repayment to the United States of amounts paid the resident for services provided to the Retirement Home before the date of the enactment of this Act [Oct. 23, 1992] if the Chairman determines that it would be in the interest of the United States to do so and against equity and good conscience to require the repayment.”

§421 Payment of residents for services