PRIA, Government Policy, Made Personal

Summary

The Chief Operating Officer can hire a resident of the Armed Forces Retirement Home to do part-time or on-call work, pay them for it, and set their pay rate. Being paid for that work does not make the resident a federal employee or the holder of a federal position for the purposes of section 5532 of title 5. The resident is not a U.S. government employee for other purposes either, except they are covered for work-related injury compensation under subchapter I of chapter 81 of title 5 and for claims for damages or loss under chapter 171 of title 28. The word "position" has the meaning given in section 5531 of title 5.

Title 24, §421

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(a)Authority

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)Employment status

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 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)“Position” defined

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 (b)(1), was repealed by Pub.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