§209 Salary of Government Officials and Employees Payable Only by United States

Summary

Federal executive-branch officers and employees must be paid only by the U.S. government. They cannot accept a salary, or anyone adding to their salary, from any non‑federal source except money paid from a state, county, or city treasury. Anyone who pays or receives such prohibited payments will face the penalties in section 216 of Title 18. There are specific exceptions. Former‑employer benefit plans (like pensions, health, life, profit‑sharing) can continue. Special Government Employees and unpaid government workers are not covered. Payments allowed under chapter 41 of Title 5 are allowed. Actual relocation costs for participants in approved executive exchange or fellowship programs are allowed if the program is set up by law or a Presidential order, offers appointments up to 365 days, and allows no more than 90 extra days (or no more than 365 days total for overseas assignments). Officers or employees injured while a victim of the crimes in sections 351 or 1751 may accept payments from 501(c)(3) charities. Private‑sector workers assigned to an agency under chapter 37 may keep getting pay and benefits from their employer. For that rule, “agency” means an agency as defined in section 3701 of Title 5 and the District of Columbia’s Office of the Chief Technology Officer. Reserve members called to active duty under 10 U.S.C. 101(a)(13) may receive portions of their civilian pay from their former employer.