§5523 — Title 5 Government Organization and Employees | U.S. Code

Summary

Agency heads may pay up to 60 days of money to or for an employee (or, in an emergency and if reimbursed, an employee of another agency) whose departure is authorized or ordered under section 5522(a). The agency can also stop those payments. Payments use the employee’s current pay, allowances, and differentials on the day the payment is made, but they cannot be higher than the pay the employee had right before the departure order. Payments can be adjusted later under section 5524 and other laws. The President may allow extra pay for Executive agency employees to cover added costs. Time paid counts as continuous active service.

Title 5, §5523

Government Organization and Employees — Source: USLM XML via OLRC

(a)The head of each agency may provide for—

(1)the payment of monetary amounts covering a period of not more than 60 days to or for the account of each employee of the agency (or, under emergency circumstances and on a reimbursable basis, an employee of another agency) whose departure (or that of the employee’s dependents or immediate family, as the case may be) is authorized or ordered under section 5522(a); and

(2)the termination of payment of the monetary amounts.

(b)Subject to adjustment of the account of an employee under section 5524 of this title and other applicable statute, each payment under this section is at rates of pay, allowances, and differentials, or any of them, currently authorized with respect to the employee on the date payment is made under agency procedures governing payments under this section. The rates so authorized may not exceed the rates to which the employee was entitled immediately before issuance of the departure order. An employee in an Executive agency may be granted such additional allowance payments as the President determines necessary to offset the direct added expenses incident to the departure.

(c)Each period for which payment of amounts is made under this section to or for the account of an employee is deemed, for all purposes with respect to the employee, a period of active service, without break in service, performed by the employee in the employment of the Government of the United States or the government of the District of Columbia.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 3073.Sept. 26, 1961, Pub. L. 87–304, § 3, 75 Stat. 663. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Editorial Notes

Amendments

1991—Subsec. (a)(1). Pub. L. 102–138 substituted “agency) whose departure (or that of the employee’s dependents or immediate family, as the case may be) is authorized or ordered under section 5522(a); and” for “agency)— “(A) whose departure is authorized or ordered under section 5522(a) of this title; and “(B) who is prevented, by circumstances beyond his control and beyond the control of the Government of the United States or the government of the District of Columbia, or both, as the case may be, from performing the duties of the position which he held immediately before issuance of the departure order; and”. 1980—Subsec. (a)(1). Pub. L. 96–465, § 2303(c), in subpar. (A) substituted “whose departure is authorized or ordered under section 5522(a) of this title; and” for “whose evacuation from a place inside or outside the United States is ordered for military or other reasons which create imminent danger to the life of the employee; and”, and in subpar. (B) substituted “departure” for “evacuation” after “issuance of the”. Subsec. (b). Pub. L. 96–465, § 2303(d), substituted “departure” for “evacuation” in two places.

Statutory Notes and Related Subsidiaries

Effective Date

of 1980 AmendmentAmendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an

Effective Date

note under section 3901 of Title 22, Foreign Relations and Intercourse.

§5523 Duration of Payments; Rates; Active Service Period

Summary

Title 5, §5523

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata