5 U.S.C. § 5567: Settlement of accounts

Summary

The head of the agency, or someone they choose, may settle the accounts of an employee who was paid under sections 5562, 5563, or 5565. They may also settle the accounts of a survivor when a casualty at a ship, station, or military installation destroys payment records. That settlement is final for U.S. accounting officials. If a payment or settlement was made because of a report or finding of death, it cannot be undone just because a later report sets a date of death. But if the later report fixes a date of death that is later than the date used before, the account must be reopened and settled using that later date. When settling a paying official’s account, they must be given credit for honest mistakes or overpayments made under this part (except section 5568). Money may not be recovered from someone who authorized a payment under this part (except section 5568) if they did not commit fraud or a crime.

Title 5, §5567

Government Organization and Employees, Source: USLM XML via OLRC

(a)The head of the agency concerned or his designee may settle the accounts of—

(1)an employee for whose account payment has been made under section 5562, 5563, and 5565 of this title; and

(2)a survivor of a casualty to a ship, station, or military installation which results in the loss or destruction of disbursing records.

That settlement is conclusive on the accounting officials of the United States in settling the accounts of disbursing officials.

(b)Payment or settlement of an account made pursuant to a report, determination, or finding of death may not be recovered or reopened because of a later report or determination which fixes a date of death. However, an account shall be reopened and settled on the basis of a date of death so fixed which is later than that used as a basis for earlier settlement.

(c)In settling the accounts of a disbursing official, he is entitled to credit for an erroneous payment or overpayment made by him in carrying out this subchapter, except section 5568, if there is no fraud or criminality by him. Recovery may not be made from an individual who authorizes a payment under this subchapter, except section 5568, if there is no fraud or criminality by him.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large (a)50A U.S.C. 1011.Mar. 7, 1942, ch. 166, § 11, 56 Stat. 146. (b)50A U.S.C. 1009(a) (5th sentence).Mar. 7, 1942, ch. 166, § 9(a) (5th and last sentences); added July 1, 1944, ch. 371, § 5, 58 Stat. 680.Aug. 29, 1957, Pub. L. 85–217, § 1(c), 71 Stat. 492. (c)50A U.S.C. 1009(a) (last sentence). Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section. In subsection (a), the words “or his designee” are substituted for “or such person as he may designate”. The word “employee” is substituted for “persons”. The words “United States” are substituted for “Government” to conform to the style of this title. In subsection (c), the words “in carrying out this subchapter, except section 5568” are substituted for “in carrying out the provisions of this Act, except section 13, 16, 17, and 18”, since section 16 and 17 are scheduled for repeal (see Table II) and section 18 was previously repealed. The words “under this subchapter, except section 5568” are substituted for “under such provisions” for the reasons stated in the preceding sentence. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

§5567 Settlement of Accounts

Summary

Title 5, §5567

Notes & Related Subsidiaries

Historical and Revision Notes

Citations & Metadata