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5 U.S.C. § 5551 — Lump-sum payment for accumulated and accrued leave on separation

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

5 U.S.C. § 5551 — Lump-sum payment for accumulated and accrued leave on separation

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Stable record: federal_law:legal_authorities:record_usc_1985e04f4bbd901e16a61dc6
Source file: Laws/federal/codes/united-states-code/title-5/section-5551-lump-sum-payment-for-accumulated-and-accrued-leave-on-separation--26ba4c0de7.md
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Source location: Title 5, Chapter 55, § 5551; chapter-055-pay-administration.md

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**(a)** An employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim) or an individual employed by the government of the District of Columbia, who is separated from the service, is transferred to a position described under [section 6301(2)(B)(xiii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6301/2/B/xiii&num=0&edition=prelim), or elects to receive a lump-sum payment for leave under [section 5552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5552&num=0&edition=prelim), is entitled to receive a lump-sum payment for accumulated and current accrued annual or vacation leave to which he is entitled by statute. The lump-sum payment shall equal the pay (excluding any differential under section 5925 and any allowance under section 5928) the employee or individual would have received had he remained in the service until expiration of the period of the annual or vacation leave. The lump-sum payment is considered pay for taxation purposes only. The period of leave used for calculating the lump-sum payment shall not be extended due to any holiday occurring after separation. For the purposes of this subsection, movement to employment described in section 2105(c) shall not be deemed separation from the service in the case of an employee whose annual leave is transferred under section 6308(b). **(b)** The accumulated and current accrued annual leave to which an officer excepted from subchapter I of chapter 63 of this title by section 6301(2)(x)–(xiii) of this title, is entitled immediately before the date he is excepted under that section shall be liquidated by a lump-sum payment in accordance with subsection (a) of this section or subchapter VIII of this chapter, except that the payment is based on the rate of pay which he was receiving immediately before the date on which section 6301(2)(x)–(xiii) of this title became applicable to him. **(c)** (1) Annual leave that is restored to an employee of the Department of Defense under [section 6304(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6304/d&num=0&edition=prelim) by reason of the operation of paragraph (3) of such section and remains unused upon the transfer of the employee to a position described in paragraph (2) shall be liquidated by payment of a lump-sum for such leave to the employee upon the transfer. (2) A position referred to in paragraph (1) is a position in a department or agency of the Federal Government outside the Department of Defense or a Department of Defense position that is not located at a Department of Defense installation being closed or realigned as described in [section 6304(d)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6304/d/3&num=0&edition=prelim).

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

5 U.S.C. § 2105 — Employee

**(a)** For the purpose of this title, “employee”, except as otherwise provided by this section or when specifically modified, means an officer and an individual who is— (1) appointed in the civil service by one of the following acting in an official capacity— (A) the President; (B) a Member or Members of Congress, or the Congress; (C) a member of a uniformed service; (D) an individual who is an employee under this section; (E) the head of a Government controlled corporation; or (F) an adjutant general designated by the Secretary concerned under [section 709(c) of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section709/c&num=0&edition=prelim); (2) engaged in the performance of a Federal function under authority of law or an Executive act; and (3) subject to the supervision of an individual named by paragraph (1) of this subsection while engaged in the performance of the duties of his position. **(b)** An individual who is employed at the United States Naval Academy in the midshipmen’s laundry, the midshipmen’s tailor shop, the midshipmen’s cobbler and barber shops, and the midshipmen’s store, except an individual employed by the Academy dairy (if any), and whose employment in such a position began before October 1, 1996, and has been uninterrupted in such a position since that date is deemed an employee. **(c)** An employee paid from nonappropriated funds of the Army and Air Force Exchange Service, Navy Ships Stores Program, Navy exchanges, Marine Corps exchanges, Coast Guard exchanges, and other instrumentalities of the United States under the jurisdiction of the armed forces conducted for the comfort, pleasure, contentment, and mental and physical improvement of personnel of the armed forces is deemed not an emp

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

5 U.S.C. § 5552 — Lump-sum payment for accumulated and accrued leave on entering active duty; election

An employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim) or an individual employed by a territory or possession of the United States or the government of the District of Columbia who enters on active duty in the armed forces is entitled to— (1) receive, in addition to his pay and allowances from the armed forces, a lump-sum payment for accumulated and current accrued annual or vacation leave in accordance with [section 5551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5551&num=0&edition=prelim); or (2) elect to have the leave remain to his credit until his return from active duty.

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

5 U.S.C. § 8339 — Computation of annuity

**(a)** Except as otherwise provided by this section, the annuity of an employee retiring under this subchapter is— (1) 1½ percent of his average pay multiplied by so much of his total service as does not exceed 5 years; plus (2) 1¾ percent of his average pay multiplied by so much of his total service as exceeds 5 years but does not exceed 10 years; plus (3) 2 percent of his average pay multiplied by so much of his total service as exceeds 10 years. However, when it results in a larger annuity, 1 percent of his average pay plus $25 is substituted for the percentage specified by paragraph (1), (2), or (3) of this subsection, or any combination thereof. **(b)** The annuity of a Congressional employee, or former Congressional employee, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had— (1) at least 5 years’ service as a Congressional employee or Member or any combination thereof; and (2) deductions withheld from his pay or has made deposit covering his last 5 years of civilian service; his annuity is computed with respect to his service as a Congressional employee, his military service not exceeding 5 years, and any Member service, by multiplying 2½ percent of his average pay by the years of that service. **(c)** The annuity of a Member, or former Member with title to Member annuity, retiring under this subchapter is computed under subsection (a) of this section, except, if he has had at least 5 years’ service as a Member or Congressional employee or any combination thereof, his annuity is computed with respect to— (1) his service as a Member and so much of his military service as is creditable for the purpose of this paragraph; and (2) his Congressional employee service; by multiplying 2½ percent of his average

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

20 U.S.C. § 904 — Leave

**(a) Entitlement; amount** Subject to the regulations prescribed and issued by the Secretary of Defense under [section 902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section902&num=0&edition=prelim), each teacher (other than an individual employed as a substitute teacher) shall be entitled to cumulative leave, with pay, which shall accrue at the rate of one day for each calendar month, or part thereof, of a school year, except that if the school year includes more than eight months, any such teacher who shall have served for the entire school year shall be entitled to ten (or, if such teacher is employed in a supervisory position or higher, not less than ten and not more than thirteen) days of cumulative leave with pay. **(b) Saturdays, Sundays, holidays, and nonwork days** Saturdays, Sundays, regularly scheduled holidays, and other administratively authorized nonwork days shall not be considered to be days of leave for the purposes of subsection (a) of this section. **(c) Purposes for taking leave** Subject to the regulations prescribed and issued by the Secretary of Defense, leave earned by any teacher under subsection (a) of this section may be used by such teacher— (1) for maternity purposes, (2) in the event of the illness of such teacher, (3) in the event of illness, contagious disease, or death in the immediate family of such teacher, and (4) in the event of any personal emergency. If appropriate advance notice is given of the intended absence of a teacher, not to exceed three days of such leave may be granted for any purpose in each school year to such teacher. **(d) Credit for persons holding teaching positions and for employees transferred, promoted or reappointed** Any individual— (1) who is holding a positio

Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 904

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

45 U.S.C. § 1206 — Employees of Alaska Railroad

**(a) Coverage under Federal civil service retirement laws; election, funding, nature of benefits, etc., for employees transferring to State-owned railroad; voluntary separation incentives** (1) Any employees who elect to transfer to the State-owned railroad and who on the day before the date of transfer are subject to the civil service retirement law (subchapter III of chapter 83 of title 5) shall, so long as continually employed by the State-owned railroad without a break in service, continue to be subject to such law, except that the State-owned railroad shall have the option of providing benefits in accordance with the provisions of paragraph (2) of this subsection. Employment by the State-owned railroad without a break in continuity of service shall be considered to be employment by the United States Government for purposes of subchapter III of chapter 83 of title 5. The State-owned railroad shall be the employing agency for purposes of [section 8334(a) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8334/a&num=0&edition=prelim) and shall contribute to the Civil Service Retirement and Disability Fund a sum as provided by such section, except that such sum shall be determined by applying to the total basic pay (as defined in [section 8331(3) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section8331/3&num=0&edition=prelim)) paid to the employees of the State-owned railroad who are covered by the civil service retirement law, the per centum rate determined annually by the Director of the Office of Personnel Management to be the excess of the total normal cost per centum rate of the civil service retirement system over the employee deduction rate specified in [section 8334(a) of title 5](https://

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

5 U.S.C. § 5596 — Back pay due to unjustified personnel action

**(a)** For the purpose of this section, “agency” means— (1) an Executive agency; (2) the Administrative Office of the United States Courts, the Federal Judicial Center, and the courts named by [section 610 of title 28](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title28-section610&num=0&edition=prelim); (3) the Library of Congress; (4) the Government Publishing Office; (5) the government of the District of Columbia; (6) the Architect of the Capitol, including employees of the United States Senate Restaurants; and (7) the United States Botanic Garden. **(b)** (1) An employee of an agency who, on the basis of a timely appeal or an administrative determination (including a decision relating to an unfair labor practice or a grievance) is found by appropriate authority under applicable law, rule, regulation, or collective bargaining agreement, to have been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reduction of all or part of the pay, allowances, or differentials of the employee— (A) is entitled, on correction of the personnel action, to receive for the period for which the personnel action was in effect— (i) an amount equal to all or any part of the pay, allowances, or differentials, as applicable which the employee normally would have earned or received during the period if the personnel action had not occurred, less any amounts earned by the employee through other employment during that period; and (ii) reasonable attorney fees related to the personnel action which, with respect to any decision relating to an unfair labor practice or a grievance processed under a procedure negotiated in accordance with chapter 71 of this title, or under chapter 11 of title I of the Foreign Serv

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

5 U.S.C. § 6301 — Definitions

For the purpose of this subchapter— (1) “United States”, when used in a geographical sense means the several States and the District of Columbia; and (2) “employee” means— (A) an employee as defined by [section 2105 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section2105&num=0&edition=prelim); and (B) an individual first employed by the government of the District of Columbia before October 1, 1987; but does not include— (i) a teacher or librarian of the public schools of the District of Columbia; (ii) a part-time employee who does not have an established regular tour of duty during the administrative workweek; (iii) a temporary employee engaged in construction work at an hourly rate; (iv) an employee of the Panama Canal Commission when employed on the Isthmus of Panama; (v) an employee of the Veterans Health Administration who is covered by a leave system established under [section 7421 of title 38](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7421&num=0&edition=prelim); (vi) an employee of either House of Congress or of the two Houses; (vii) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors; (viii) an alien employee who occupies a position outside the United States, except as provided by [section 6310 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6310&num=0&edition=prelim); (ix) a “teacher” or an individual holding a “teaching position” as defined by [section 901 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section901&num=0&edition=prelim); (x) an officer in the executive branch or in t

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

5 U.S.C. § 6302 — General provisions

**(a)** The days of leave provided by this subchapter are days on which an employee would otherwise work and receive pay and are exclusive of holidays and nonworkdays established by Federal statute, Executive order, or administrative order. **(b)** For the purpose of this subchapter an employee is deemed employed for a full biweekly pay period if he is employed during the days within that period, exclusive of holidays and nonworkdays established by Federal statute, Executive order, or administrative order, which fall within his basic administrative workweek. **(c)** A part-time employee, unless otherwise excepted, is entitled to the benefits provided by subsection (d) of this section and sections 6303, 6304(a), (b), 6305(a), 6307, and 6310 of this title on a pro rata basis. **(d)** The annual leave provided by this subchapter, including annual leave that will accrue to an employee during the year, may be granted at any time during the year as the head of the agency concerned may prescribe. **(e)** If an officer excepted from this subchapter by section 6301(2)(x)–(xiii) of this title, without a break in service, again becomes subject to this subchapter on completion of his service as an excepted officer, the unused annual and sick leave standing to his credit when he was excepted from this subchapter is deemed to have remained to his credit. **(f)** An employee who uses excess annual leave credited because of administrative error may elect to refund the amount received for the days of excess leave by lump-sum or installment payments or to have the excess leave carried forward as a charge against later-accruing annual leave, unless repayment is waived under [section 5584 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5584&nu

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

5 U.S.C. § 6304 — Annual leave; accumulation

**(a)** Except as provided by subsections (b), (d), (e), (f), and (g) of this section, annual leave provided by [section 6303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6303&num=0&edition=prelim), which is not used by an employee, accumulates for use in succeeding years until it totals not more than 30 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year. **(b)** Annual leave not used by an employee of the Government of the United States in one of the following classes of employees stationed outside the United States accumulates for use in succeeding years until it totals not more than 45 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year: (1) Individuals directly recruited or transferred by the Government of the United States from the United States or its territories or possessions including the Commonwealth of Puerto Rico for employment outside the area of recruitment or from which transferred. (2) Individuals employed locally but— (A) (i) who were originally recruited from the United States or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment; (ii) who have been in substantially continuous employment by other agencies of the United States, United States firms, interests, or organizations, international organizations in which the United States participates, or foreign governments; and (iii) whose conditions of employment provide for their return transportation to the United States or its territories or

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

5 U.S.C. § 6306 — Annual leave; refund of lump-sum payment; recredit of annual leave

**(a)** When an individual who received a lump-sum payment for leave under [section 5551 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5551&num=0&edition=prelim) is reemployed before the end of the period covered by the lump-sum payment in or under the Government of the United States or the government of the District of Columbia, except in a position excepted from this subchapter by section 6301(2)(ii), (iii), (vi), or (vii) of this title, he shall refund to the employing agency an amount equal to the pay covering the period between the date of reemployment and the expiration of the lump-sum period. **(b)** An amount refunded under subsection (a) of this section shall be deposited in the Treasury of the United States to the credit of the employing agency. When an individual is reemployed under the same leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him in the employing agency. When an individual is reemployed under a different leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him in the employing agency on an adjusted basis under regulations prescribed by the Office of Personnel Management. When an individual is reemployed in a position excepted from this subchapter by section 6301(2)(x)–(xiii) of this title, an amount of leave equal to the leave represented by the refund is deemed, on separation from the service, death, or transfer to another position in the service, to have remained to his credit.

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