5 U.S.C. § 5942a: Separate maintenance…

Summary

A federal employee who works for an Executive agency (not a Government corporation) and is assigned to Johnston Island, a U.S. possession in the Pacific, can get a separate maintenance allowance if the agency head says two things are true. The agency head must decide that the employee needs to keep a spouse or dependents somewhere other than Johnston Island because living there is dangerous or otherwise not suitable, or because it is needed for the government’s convenience, and that the allowance is needed to help pay the extra costs of keeping those family members at the other location instead of at the post. This can be allowed even if section 5536 would otherwise apply. The President must make rules for how the allowance works, including how much it will pay.

Title 5, §5942a

Government Organization and Employees, Source: USLM XML via OLRC

(a)Notwithstanding section 5536 of this title, and under regulations prescribed by the President, an employee of an Executive agency (other than a Government corporation) who is assigned to a post of duty at Johnston Island, a possession of the United States in the Pacific Ocean, is entitled to receive a separate maintenance allowance if the head of the employing agency finds that—

(1)it is necessary for the employee to maintain the employee’s spouse or dependents, or both, at a location other than Johnston Island—

(A)by reason of dangerous or adverse living conditions at Johnston Island; or

(B)for the convenience of the Federal Government; and

(2)the allowance is needed to help the employee meet the additional expenses involved in maintaining the employee’s spouse or dependents, or both, at such other location rather than at the post.

(b)The regulations prescribed by the President shall include provisions for determining the rate at which an allowance under this section shall be paid.

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Pub. L. 102–190, div. A, title X, § 1092(b), Dec. 5, 1991, 105 Stat. 1487, provided that: “The

Amendments

made by subsection (a) [enacting this section] shall take effect on the first day of the first month beginning on or after the date of the enactment of this Act [Dec. 5, 1991].”

Executive Documents

Delegation of Functions Authority of President under this section to prescribe

Regulations

delegated to the Office of Personnel Management by section 8(4) of Ex. Ord. No. 11609, set out as a note under section 301 of Title 3, The President.

§5942a Separate Maintenance Allowance for Duty at Johnston Island