§6302 — Title 2 The Congress | U.S. Code

Summary

Appointed Senators are paid starting the day they are appointed and keep getting paid until the person elected to replace them has qualified. If a replacement is elected during the Senate’s final adjournment, or if no appointment was made, pay begins the day after the election. If elected during session, pay begins when they qualify; if they do not qualify, pay begins the day after the final adjournment.

Title 2, §6302

The Congress — Source: USLM XML via OLRC

Salaries of Senators appointed to fill vacancies in the Senate shall commence on the day of their appointment and continue until their successors are elected and qualified: Provided, That when Senators have been elected during a sine die adjournment of the Senate to succeed appointees, the salaries of Senators so elected shall commence on the day following their election. Salaries of Senators elected during a session to succeed appointees shall commence on the day they qualify: Provided, That when Senators have been elected during a session to succeed appointees, but have not qualified, the salaries of Senators so elected shall commence on the day following the sine die adjournment of the Senate. When no appointments have been made the salaries of Senators elected to fill such vacancies shall commence on the day following their election.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 36 of this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

Prior similar provisions were contained in act July 31, 1894, ch. 174, 28 Stat. 162. R.S. § 51.

Amendments

1935—Act Feb. 13, 1935, inserted proviso as to commencement of salaries of Senators elected during a sine die adjournment on day following their election and provision as to commencement of salaries of Senators elected during a session to succeed appointees on day they qualify but that upon failure to qualify their salaries are to commence on day following sine die adjournment of Senate and struck out provision that salaries of Senators elected to fill vacancies are to commence on day they qualify. 1934—Act June 19, 1934, made nonsubstantive changes in grammar and punctuation. 1931—Act Feb. 6, 1931, made nonsubstantive changes in grammar and punctuation and struck out “to fill such vacancies” after “When no appointments have been made”.

Statutory Notes and Related Subsidiaries

Constitutional ProvisionsThe first section of amendment XX to the Constitution provides in part: “* * * the terms of Senators and Representatives [shall end] at noon on the 3d day of January, of the years in which such terms would have ended if this article had not been ratified; and the terms of their successors shall then begin.”

§6302 Salaries of Senators