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5 U.S.C. § 5380 — Repealed. Pub. L. 102–378, § 8(a), Oct. 2, 1992, 106 Stat. 1359]

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5380 — Repealed. Pub. L. 102–378, § 8(a), Oct. 2, 1992, 106 Stat. 1359]

### Statutory Notes Section, added Pub. L. 101–510, div. A, title XII, § 1206(i)(1), Nov. 5, 1990, 104 Stat. 1662, related to pay authority for critical positions. See [section 5377 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5377&num=0&edition=prelim). Pub. L. 102–378, § 8(a), repealed Pub. L. 101–510, § 1206(i)(1), and provided that this title shall read as if section 1206(i)(1) had not been enacted. Pub. L. 101–510, § 1206(i)(3), provided that (A) unless [section 5380 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5380&num=0&edition=prelim) did not take effect as provided in subpar. (B), such section would cease to be in effect on the earlier of Oct. 1, 1992, or the date of the enactment of the Federal Employees Pay Comparability Act of 1990 [Nov. 5, 1990], and (B) [section 5380 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5380&num=0&edition=prelim) would not take effect if the Federal Employees Pay Comparability Act of 1990 [Pub. L. 101–509] was enacted before the date of the enactment of this Act [Nov. 5, 1990]. Pub. L. 102–378, § 8(a), repealed Pub. L. 101–510, § 1206(i)(3), and provided that this title shall read as if section 1206(i)(3) had not been enacted. #### Effective Date of Repeal Repeal effective Nov. 5, 1990, see section 9(b)(6) of Pub. L. 102–378, set out as an Effective Date of 1992 Amendment note under [section 6303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6303&num=0&edition=prelim).

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Source location: Title 5, Chapter 53, § 5380; chapter-053-pay-rates-and-systems.md

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5377 — Pay authority for critical positions

**(a)** For the purpose of this section— (1) the term “agency” has the meaning given it by section 5102; and (2) the term “position” means— (A) a position to which chapter 51 applies, including a position in the Senior Executive Service or the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; (B) a position under the Executive Schedule under sections 5312–5317; (C) a position to which section 5372 applies (or would apply, but for this section); (D) a position to which section 5372a applies (or would apply, but for this section); (E) a position established under section 3104; (F) a position in a category as to which a designation is in effect under subsection (i); and (G) a position at the Federal Bureau of Investigation, the primary duties and responsibilities of which relate to intelligence functions (as determined by the Director of the Federal Bureau of Investigation). **(b)** Authority under this section— (1) may be granted or exercised only with respect to a position— (A) which requires expertise of an extremely high level in a scientific, technical, professional, or administrative field; and (B) which is critical to the agency’s successful accomplishment of an important mission; and (2) may be granted or exercised only to the extent necessary to recruit or retain an individual exceptionally well qualified for the position. **(c)** The Office of Personnel Management, in consultation with the Office of Management and Budget, may, upon the request of the head of an agency, grant authority to fix the rate of basic pay for 1 or more positions in such agency in accordance with this section. **(d)** (1) The rate of basic pay fixed under this section by an agency head may not be less than the r

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 6303 — Annual leave; accrual

**(a)** An employee is entitled to annual leave with pay which accrues as follows— (1) one-half day for each full biweekly pay period for an employee with less than 3 years of service; (2) three-fourths day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is one and one-fourth days, for an employee with 3 but less than 15 years of service; and (3) one day for each full biweekly pay period for an employee with 15 or more years of service. In determining years of service, an employee is entitled to credit for all service of a type that would be creditable under section 8332, regardless of whether or not the employee is covered by subchapter III of chapter 83, and for all service which is creditable by virtue of subsection (e). However, an employee who is a retired member of a uniformed service as defined by [section 3501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section3501&num=0&edition=prelim) is entitled to credit for active military service only if— (A) his retirement was based on disability— (i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by sections 101 and 1101 of title 38; (B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or (C) on November 30, 1964, he was employed in a position to which this subchapter applies and thereafter he continued to be so employed without a break in service of more than 30 days. The determination of years of service may be made on the basis of an affidavit of the employee. Leave

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 8344 — Annuities and pay on reemployment

**(a)** If an annuitant receiving annuity from the Fund, except— (1) a disability annuitant whose annuity is terminated because of his recovery or restoration of earning capacity; (2) an annuitant whose annuity, based on an involuntary separation (other than an automatic separation or an involuntary separation for cause on charges of misconduct or delinquency), is terminated under subsection (b) of this section; (3) an annuitant whose annuity is terminated under subsection (c) of this section; or (4) a Member receiving annuity from the Fund; becomes employed in an appointive or elective position, his service on and after the date he is so employed is covered by this subchapter. Deductions for the Fund may not be withheld from his pay unless the individual elects to have such deductions withheld under subparagraph (A). An amount equal to the annuity allocable to the period of actual employment shall be deducted from his pay, except for lump-sum leave payment purposes under [section 5551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5551&num=0&edition=prelim). The amounts so deducted shall be deposited in the Treasury of the United States to the credit of the Fund. If the annuitant serves on a full-time basis, except as President, for at least 1 year, or on a part-time basis for periods equivalent to at least 1 year of full-time service, in employment not excluding him from coverage under section 8331(1)(i) or (ii) of this title— (A) deductions for the Fund may be withheld from his pay (if the employee so elects), and his annuity on termination of employment is increased by an annuity computed under section 8339(a), (b), (d), (e), (h), (i), (n), (q), (r), and (s) as may apply based on the period of employment and the basic

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5380 — Untitled legal text

Page 627 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5382 ‘‘(1) a public or private institution of higher edu- cation may provide an officer or employee of any branch of the United States Government, of any inde- pendent agency of the United States, or of the Dis- trict of Columbia, who is a current or former student of such institution, financial assistance for the pur- pose of repaying a student loan or providing forbear- ance of student loan repayment if— ‘‘(A) such repayment or forbearance is provided to such officer or employee in accordance with a writ- ten, published policy of the institution relating to repaying or providing forbearance, respectively, for students or former students who perform public service; and ‘‘(B) in the case of a former student of the institu- tion of higher education, the policy described in subparagraph (A) was in effect at the institution of higher education on the day before the date such of- ficer or employee graduated from or otherwise ceased being a student at such institution; and ‘‘(2) an officer or employee of any branch of the United States Government, of any independent agen- cy of the United States, or of the District of Colum- bia may receive repayment or forbearance permitted under paragraph (1).’’ [§ 5380. Repealed. Pub. L. 102–378, § 8(a), Oct. 2, 1992, 106 Stat. 1359] Section, added Pub. L. 101–510, div. A, title XII, § 1206(i)(1), Nov. 5, 1990, 104 Stat. 1662, related to pay au- thority for critical positions. See section 5377 of this title. Pub. L. 102–378, § 8(a), repealed Pub. L. 101–510, § 1206(i)(1), and provided that this title shall read as if section 1206(i)(1) had not been enacted. Pub. L. 101–510, § 1206(i)(3), provided that (A) unless section 5380 of this title did not take effect as

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