PRIA, Government Policy, Made Personal

Summary

Members and certain high‑level noncareer officers or employees — those paid above GS‑15 or, for jobs not on the GS scale, paid at least 120% of the GS‑15 minimum — may not earn outside pay in any calendar year that is more than 15% of the annual basic pay for Executive Schedule level II, using the pay rate in effect on January 1 of that year. If someone becomes a Member or such an officer partway through the year, the 15% limit is cut down by the portion of the year they served (15% × days served ÷ 365). They may not accept any honorarium while serving. If an honorarium is paid instead to a charity on their behalf, it is not treated as received by them, but the charity payment cannot exceed $2,000 and cannot go to a charity that gives any financial benefit to them or to a parent, sibling, spouse, child, or dependent relative.

Title 5, §13143

Government Organization and Employees, Source: USLM XML via OLRC

(a)Outside Earned Income Limitation.—

(1)In general.—

Except as provided by paragraph (2), a Member or an officer or employee who is a noncareer officer or employee and who occupies a position classified above GS–15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule, may not in any calendar year have outside earned income attributable to such calendar year which exceeds 15 percent of the annual rate of basic pay for level II of the Executive Schedule under section 5313 of this title, as of January 1 of such calendar year.

(2)Portion of year.—

In the case of any individual who during a calendar year becomes a Member or an officer or employee who is a noncareer officer or employee and who occupies a position classified above GS–15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule, such individual may not have outside earned income attributable to the portion of that calendar year which occurs after such individual becomes a Member or such an officer or employee which exceeds 15 percent of the annual rate of basic pay for level II of the Executive Schedule under section 5313 of this title, as of January 1 of such calendar year multiplied by a fraction the numerator of which is the number of days such individual is a Member or such officer or employee during such calendar year and the denominator of which is 365.

(b)Honoraria Prohibition.—

An individual may not receive any honorarium while that individual is a Member, officer or employee.

(c)Treatment of Charitable Contributions.—

Any honorarium which, except for subsection (b), might be paid to a Member, officer or employee, but which is paid instead on behalf of such Member, officer or employee to a charitable organization, shall be deemed not to be received by such Member, officer or employee. No such payment shall exceed $2,000 or be made to a charitable organization from which such individual or a parent, sibling, spouse, child, or dependent relative of such individual derives any financial benefit.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 131435 U.S.C. App. (EGA § 501)Pub. L. 95–521, title V, § 501, as added Pub. L. 101–194, title VI, § 601(a), Nov. 30, 1989, 103 Stat. 1760; amended Pub. L. 101–280, § 7(a), May 4, 1990, 104 Stat. 161; Pub. L. 102–378, § 4(b)(1), (2), Oct. 2, 1992, 106 Stat. 1357.

Editorial Notes

References in Text

GS–15, referred to in subsec. (a), is contained in the General Schedule, which is set out under section 5332 of this title.

§13143 Outside Earned Income Limitation