§5927 — Title 5 Government Organization and Employees | U.S. Code

Summary

An employee can get up to three months’ pay in advance in three situations. First, when the employee is sent to work at a post in a foreign area. Second, for a U.S. citizen employee (except those appointed under section 303 and employed under section 311 of the Foreign Service Act of 1980) who is officially stationed outside the United States with U.S. government authorization and needs medical treatment outside the United States, or has a family member who does, when the President’s regulations allow it. Third, for an employee paid under section 408 of the Foreign Service Act of 1980 who, with U.S. government authorization, is located outside their country of employment and needs medical treatment outside that country when the President’s regulations allow it. “Country of employment” means the country outside the United States where the person was hired by the Government.

Title 5, §5927

Government Organization and Employees — Source: USLM XML via OLRC

(a)Up to three months’ pay may be paid in advance—

(1)to an employee upon the assignment of the employee to a post in a foreign area;

(2)to an employee, other than an employee appointed under section 303 of the Foreign Service Act of 1980 (and employed under section 311 of such Act), who—

(A)is a citizen of the United States;

(B)is officially stationed or located outside the United States pursuant to Government authorization; and

(C)requires (or has a family member who requires) medical treatment outside the United States, in circumstances specified by the President in regulations; and

(3)to an employee compensated pursuant to section 408 of the Foreign Service Act of 1980, who—

(A)pursuant to United States Government authorization is located outside the country of employment; and

(B)requires medical treatment outside the country of employment in circumstances specified by the President in regulations.

(b)For the purpose of this section, the term “country of employment”, as used with respect to an individual under subsection (a)(3), means the country (or other area) outside the United States where such individual is hired (as described in subsection (a)(3)) by the Government.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 303, 311, and 408 of the Foreign Service Act of 1980, referred to in subsec. (a)(2), (3), are classified to section 3943, 3951, and 3968, respectively, of Title 22, Foreign Relations and Intercourse.

Amendments

2002—Subsec. (a)(3). Pub. L. 107–228, § 320(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: “to a foreign national employee appointed under section 303 of the Foreign Service Act of 1980, or a nonfamily member United States citizen appointed under such section 303 (and employed under section 311 of such Act) for service at such nonfamily member’s post of residence, who— “(A) is located outside the country of employment of such foreign national employee or nonfamily member (as the case may be) pursuant to Government authorization; and “(B) requires medical treatment outside the country of employment of such foreign national employee or nonfamily member (as the case may be), in circumstances specified by the President in

Regulations

.” Subsec. (b). Pub. L. 107–228, § 320(2), substituted “hired” for “appointed”. 1999—Pub. L. 106–113 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “Up to three months’ pay may be paid in advance to an employee upon the assignment of the employee to a post in a foreign area.”

Statutory Notes and Related Subsidiaries

Effective Date

Section effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as a note under section 3901 of Title 22, Foreign Relations and Intercourse.

§5927 Advances of Pay