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5 U.S.C. § 5534a — Dual employment and pay during terminal leave from uniformed services

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

5 U.S.C. § 5534a — Dual employment and pay during terminal leave from uniformed services

A member of a uniformed service who has performed active service and who is on terminal leave pending separation from, or release from active duty in, that service under honorable conditions may accept a civilian office or position in the Government of the United States, its territories or possessions, or the government of the District of Columbia, and he is entitled to receive the pay of that office or position in addition to pay and allowances from the uniformed service for the unexpired portion of the terminal leave. Such a member also is entitled to accrue annual leave with pay in the manner specified in [section 6303(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6303/a&num=0&edition=prelim) for a retired member of a uniformed service.

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Source file: Laws/federal/codes/united-states-code/title-5/section-5534a-dual-employment-and-pay-during-terminal-leave-from-uniformed-services--1322212eb0.md
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Source location: Title 5, Chapter 55, § 5534a; chapter-055-pay-administration.md

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

37 U.S.C. § 501 — Payments for unused accrued leave

**(a)** In this section, the term “discharge” means— (1) in the case of an enlisted member, separation or release from active duty under honorable conditions, termination of an enlistment in conjunction with the commencement of a successive enlistment (without regard to the date of the expiration of the term of the enlistment being terminated), or appointment as an officer; (2) in the case of an officer, separation or release from active duty under honorable conditions; (3) in the case of either an officer or an enlisted member, death while on active duty unless the decedent was put to death as lawful punishment for a crime or a military offense; (4) in the case of an officer or an enlisted member of a reserve component, or of the Space Force, who is not serving on active duty, separation or release from the reserve component, or from the Space Force, under honorable conditions, or death; and (5) in the case of an enlisted member of a reserve component, or of the Space Force, who is not serving on active duty, termination of enlistment in conjunction with the commencement of a successive enlistment, or appointment as an officer. **(b)** (1) A member of the Army, Navy, Air Force, Marine Corps, Space Force, Coast Guard, or National Oceanic and Atmospheric Administration, who has accrued leave to the member’s credit at the time of the member’s discharge, is entitled to be paid in cash or by a check on the Treasurer of the United States for such leave on the basis of the basic pay to which the member was entitled on the date of discharge. (2) Payment may not be made under this subsection to a member who is discharged for the purpose of accepting an appointment or a warrant in any uniformed service. (3) Payment may not be made to a member for any leave he elects to

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

5 U.S.C. § 5102 — Definitions; application

**(a)** For the purpose of this chapter— (1) “agency” means— (A) an Executive agency; (B) the Library of Congress; (C) the Botanic Garden; (D) the Government Publishing Office; (E) the Office of the Architect of the Capitol; and (F) the government of the District of Columbia; but does not include— (i) a Government controlled corporation; (ii) the Tennessee Valley Authority; (iii) the Virgin Islands Corporation; (iv) the Atomic Energy Commission; (v) the Central Intelligence Agency; (vi) the National Security Agency, Department of Defense; (vii) the Government Accountability Office; (viii) the Office of the Director of National Intelligence; (ix) the Defense Intelligence Agency, Department of Defense; or (x) the National Geospatial-Intelligence Agency, Department of Defense; (2) “employee” means an individual employed in or under an agency; (3) “position” means the work, consisting of the duties and responsibilities, assignable to an employee; (4) “class” or “class of positions” includes all positions which are sufficiently similar, as to— (A) kind or subject-matter of work; (B) level of difficulty and responsibility; and (C) the qualification requirements of the work; to warrant similar treatment in personnel and pay administration; and (5) “grade” includes all classes of positions which, although different with respect to kind or subject-matter of work, are sufficiently equivalent as to— (A) level of difficulty and responsibility; and (B) level of qualification requirements of the work; to warrant their inclusion within one range of rates of basic pay in the General Schedule. **(b)** Except as provided by subsections (c) and (d) of this section, this chapter applies to all civilian positions and

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

5 U.S.C. § 2101 — Civil service; armed forces; uniformed services

For the purpose of this title— (1) the “civil service” consists of all appointive positions in the executive, judicial, and legislative branches of the Government of the United States, except positions in the uniformed services; (2) “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard; and (3) “uniformed services” means the armed forces, the commissioned corps of the Public Health Service, and the commissioned corps of the National Oceanic and Atmospheric Administration.

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

5 U.S.C. § 5534a — Dual employment and pay during ter-

Page 659 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5535 or position under the Government of the United States or the government of the District of Co- lumbia, and he is entitled to receive the pay of that office or position in addition to pay and al- lowances as a Reserve or member of the Na- tional Guard. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 484.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 30r(c) (1st sentence). Aug. 10, 1956, ch. 1041, § 29(c) (1st sentence), 70A Stat. 632. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. § 5534a. Dual employment and pay during ter- minal leave from uniformed services A member of a uniformed service who has per- formed active service and who is on terminal leave pending separation from, or release from active duty in, that service under honorable conditions may accept a civilian office or posi- tion in the Government of the United States, its territories or possessions, or the government of the District of Columbia, and he is entitled to receive the pay of that office or position in addi- tion to pay and allowances from the uniformed service for the unexpired portion of the terminal leave. Such a member also is entitled to accrue annual leave with pay in the manner specified in section 6303(a) of this title for a retired member of a uniformed service. (Added Pub. L. 90–83, § 1(22), Sept. 11, 1967, 81 Stat. 199; amended Pub. L. 109–364, div. A, title XI, § 1101, Oct. 17, 2006, 120 Stat. 2407.) HISTORICAL AND REVISION NOTES This section amends chapter 55 of title 5, United States Code, by inserting a new section 5534a. This sec- ti

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