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5 U.S.C. § 5524a — Advance payments for new appointees and employees relocating within the United States and its territories

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

5 U.S.C. § 5524a — Advance payments for new appointees and employees relocating within the United States and its territories

**(a)** (1) The head of each agency may provide for the advance payment of basic pay, covering not more than 2 pay periods, to any individual who is newly appointed to a position in the agency. (2) The head of each agency may provide for the advance payment of basic pay, covering not more than 4 pay periods, to an employee who is assigned to a position in the agency that is located— (A) outside of the employee’s commuting area; and (B) in the United States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States. **(b)** (1) Subject to adjustment of the account of an employee under paragraph (2) and other applicable statutes, the advance payment of basic pay shall be made, under agency procedures governing advance payments under this section, at the initial rate of basic pay to be payable to the employee upon the commencement of service in the position to which appointed or assigned. (2) The head of each agency shall provide for— (A) the review of the account of each employee of the agency in receipt of any payment under this section; and (B) the adjustment of the amount of any such payment on the basis of the rate of basic pay to which the employee would have been entitled under applicable statute other than this section for the respective periods covered by the payments, if the employee had performed active service under the terms of such employee’s appointment or assignment during each period in the position to which appointed or assigned. **(c)** An advance payment under this section is recoverable by the Government of the United States or the government of the District of Columbia, as the case may be, from the employee or such employee’s estate by— (1) setoff against a

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Source file: Laws/federal/codes/united-states-code/title-5/section-5524a-advance-payments-for-new-appointees-and-employees-relocating-within-the--b5c3c9320c.md
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Source location: Title 5, Chapter 55, § 5524a; chapter-055-pay-administration.md

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**(a)** (1) The head of each agency may provide for the advance payment of basic pay, covering not more than 2 pay periods, to any individual who is newly appointed to a position in the agency. (2) The head of each agency may provide for the advance payment of basic pay, covering not more than 4 pay periods, to an employee who is assigned to a position in the agency that is located— (A) outside of the employee’s commuting area; and (B) in the United States, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, or any territory or possession of the United States. **(b)** (1) Subject to adjustment of the account of an employee under paragraph (2) and other applicable statutes, the advance payment of basic pay shall be made, under agency procedures governing advance payments under this section, at the initial rate of basic pay to be payable to the employee upon the commencement of service in the position to which appointed or assigned. (2) The head of each agency shall provide for— (A) the review of the account of each employee of the agency in receipt of any payment under this section; and (B) the adjustment of the amount of any such payment on the basis of the rate of basic pay to which the employee would have been entitled under applicable statute other than this section for the respective periods covered by the payments, if the employee had performed active service under the terms of such employee’s appointment or assignment during each period in the position to which appointed or assigned. **(c)** An advance payment under this section is recoverable by the Government of the United States or the government of the District of Columbia, as the case may be, from the employee or such employee’s estate by— (1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the Government of the United States or the government of the District of Columbia; and (2) such other method as is provided by law. The head of the agency concerned may waive in whole or in part a right of recovery of an advance payment under this section if it is shown that the recovery would be against equity and good conscience or against the public interest.

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

5 U.S.C. § 5301 — Policy

It is the policy of Congress that Federal pay fixing for employees under the General Schedule be based on the principles that— (1) there be equal pay for substantially equal work within each local pay area; (2) within each local pay area, pay distinctions be maintained in keeping with work and performance distinctions; (3) Federal pay rates be comparable with non-Federal pay rates for the same levels of work within the same local pay area; and (4) any existing pay disparities between Federal and non-Federal employees should be completely eliminated.

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

5 U.S.C. § 5527 — Regulations

**(a)** To the extent practicable in the public interest, the President shall coordinate the policies and procedures of the respective Executive agencies under this subchapter. **(b)** The President, with respect to the Executive agencies, the head of the agency concerned, with respect to the appropriate agency outside the executive branch, and the District of Columbia Council, with respect to the government of the District of Columbia, shall prescribe and issue, or provide for the formulation and issuance of, regulations necessary and appropriate to carry out the provisions, accomplish the purposes, and govern the administration of this subchapter. **(c)** The head of each Executive agency may prescribe and issue regulations, not inconsistent with the regulations of the President issued under subsection (b) of this section, necessary and appropriate to carry out his functions under this subchapter.

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

5 U.S.C. § 5524a — Advance payments for new appointees

Page 652 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5524 ployee; and’’, and in subpar. (B) substituted ‘‘depar- ture’’ for ‘‘evacuation’’ after ‘‘issuance of the’’. Subsec. (b). Pub. L. 96–465, § 2303(d), substituted ‘‘de- parture’’ for ‘‘evacuation’’ in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1980 AMENDMENT Amendment 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. § 5524. Review of accounts The head of each agency shall provide for— (1) the review of the account of each em- ployee of the agency in receipt of payments under section 5522 or 5523 of this title, or both, as the case may be; and (2) the adjustment of the amounts of the payments on the basis of— (A) the rates of pay, allowances, and dif- ferentials to which the employee would have been entitled under applicable statute other than this subchapter for the respective peri- ods covered by the payments, if he had per- formed active service under the terms of his appointment during each period in the posi- tion he held immediately before the issuance of the applicable evacuation order; and (B) such additional amounts as the em- ployee is authorized to receive in accordance with a determination of the President under section 5523(b) of this title. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 481.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 3074. Sept. 26, 1961, Pub. L. 87–304, § 4, 75 Stat. 663. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to t

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