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5 U.S.C. § 5565 — Agency review

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

5 U.S.C. § 5565 — Agency review

**(a)** When an employee has been in a missing status almost 12 months and no official report of his death or the circumstances of his continued absence has been received by the head of the agency concerned, he shall have the case fully reviewed. After that review and the end of 12 months in a missing status, or after any later review which shall be made when warranted by information received or other circumstances, the head of the agency concerned or his designee may— (1) direct the continuance of his missing status, if there is a reasonable presumption that the employee is alive; or (2) make a finding of death. **(b)** When a finding of death is made under subsection (a) of this section, it shall include the date death is presumed to have occurred for the purpose of the ending of crediting pay and allowances and settlement of accounts. That date is— (1) the day after the day on which the 12 months in a missing status ends; or (2) a day determined by the head of the agency concerned or his designee when the missing status has been continued under subsection (a) of this section. **(c)** For the purpose of determining status under this section, a dependent of an employee in active service is deemed an employee. A determination under this section made by the head of the agency concerned or his designee is conclusive on all other agencies of the United States. This section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.

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Source location: Title 5, Chapter 55, § 5565; chapter-055-pay-administration.md

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

5 U.S.C. § 5562 — Pay and allowances; continuance while in a missing status; limitations

**(a)** An employee in a missing status is entitled to receive or have credited to his account, for the period he is in that status, the same pay and allowances to which he was entitled at the beginning of that period or may become entitled thereafter. Notwithstanding any other provision of law, an employee in a missing status on or after January 1, 1965, is entitled— (1) to payment for annual leave which accrued to his account on or after January 1, 1965, but which was forfeited under [section 6304 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6304&num=0&edition=prelim) because he was unable to use that leave by virtue of his missing status; or (2) to have all of that leave restored to him and credited to a separate leave account in accordance with the provisions of [section 6304(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6304/d/2&num=0&edition=prelim). An employee shall elect in writing, within 90 days immediately following December 14, 1973, or within 90 days immediately following the termination of his missing status, whichever is later, whether he desires payment for the leave under clause (1) of this subsection or credit of the leave under clause (2) of this subsection. Payment under clause (1) of this subsection shall be at the employee’s rate of basic pay in effect at the time the leave was forfeited. **(b)** Entitlement to pay and allowances under subsection (a) of this section ends on the date of— (1) receipt by the head of the agency concerned of evidence that the employee is dead; or (2) death prescribed or determined under [section 5565 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5565&num=0&edition=prelim). That

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

5 U.S.C. § 5563 — Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations

**(a)** An allotment (including one for the purchase of United States savings bonds) made by an employee before he was in a missing status may be continued for the period he is in that status, notwithstanding the end of the period for which the allotment was made. **(b)** In the absence of an allotment or when an allotment is insufficient for a purpose authorized by the head of the agency concerned, he or his designee may authorize such a new or increased allotment as circumstances warrant, which is payable for the period the employee concerned is in a missing status. **(c)** All allotments from the pay and allowances of an employee in a missing status may not total more than the amount of pay and allowances he is permitted to allot under regulations prescribed by the head of the agency concerned. **(d)** A premium paid by the United States on insurance issued on the life of an employee, which is unearned because it covers a period after his death, reverts to the appropriation of the agency concerned. **(e)** Subject to subsections (f) and (g) of this section, the head of the agency concerned or his designee may direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of an allotment from the pay and allowances of an employee in a missing status when that action is in the interests of the employee, his dependents, or the United States. **(f)** When the head of the agency concerned officially reports that an employee in a missing status is alive, an allotment under subsections (a)–(d) of this section may be paid, subject to [section 5562 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5562&num=0&edition=prelim), until the date the head of the agency concerned receives evidence that th

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

5 U.S.C. § 5566 — Agency determinations

**(a)** The head of the agency concerned or his designee may make any determination necessary to administer this subchapter, and when so made it is conclusive as to— (1) death or finding of death; (2) the fact of dependency under this subchapter; (3) any other status covered by this subchapter; (4) an essential date, including one on which evidence or information is received by the head of the agency concerned; and (5) whether information received concerning an employee is to be construed and acted on as an official report of death. **(b)** When the head of the agency concerned receives information that he considers to conclusively establish the death of an employee, he shall take action thereon as an official report of death, notwithstanding an earlier action relating to death or other status of the employee. After the end of 12 months in a missing status prescribed by [section 5565 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5565&num=0&edition=prelim), the head of the agency concerned or his designee shall make a finding of death when he considers that the information received, or a lapse of time without information, establishes a reasonable presumption that an employee in a missing status is dead. **(c)** The head of the agency concerned or his designee may determine the entitlement of an employee to pay and allowances under this subchapter, including credits and charges in his account, and that determination is conclusive. An account may not be charged or debited with an amount that an employee captured, beleaguered, or besieged by a hostile force may receive or be entitled to receive from, or have placed to his credit by, the hostile force as pay, allowances, or other compensation. **(d)** When circumstances war

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

5 U.S.C. § 5565 — Agency review

Page 697 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5566 codified in this section. That portion of the source law applicable to members of the uniformed services and their dependents is codified in 37 U.S.C. 554(a) by sec- tion 5(2) of this bill. Editorial Notes REFERENCES IN TEXT Section 507 of title 14, referred to in subsec. (i)(2), was redesignated section 2710 of title 14 by Pub. L. 115–282, title I, § 116(b)(2), Dec. 4, 2018, 132 Stat. 4226, and ref- erences to section 507 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding sec- tion 101 of Title 14, Coast Guard. AMENDMENTS 1996—Subsec. (h). Pub. L. 104–316 substituted ‘‘Admin- istrator of General Services’’ for ‘‘General Accounting Office’’ wherever appearing. 1991—Subsec. (i)(1). Pub. L. 102–190 substituted ‘‘6522, or 9712’’ for ‘‘4713, 6522, 9712, or 9713’’. § 5565. Agency review (a) When an employee has been in a missing status almost 12 months and no official report of his death or the circumstances of his continued absence has been received by the head of the agency concerned, he shall have the case fully reviewed. After that review and the end of 12 months in a missing status, or after any later review which shall be made when warranted by information received or other circumstances, the head of the agency concerned or his designee may— (1) direct the continuance of his missing sta- tus, if there is a reasonable presumption that the employee is alive; or (2) make a finding of death. (b) When a finding of death is made under sub- section (a) of this section, it shall include the date death is presumed to have occurred for the purp

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