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

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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Stable record: federal_law:legal_authorities:record_usc_73b33d132a3fc9cab0d19b77
Source file: Laws/federal/codes/united-states-code/title-5/section-5552-lump-sum-payment-for-accumulated-and-accrued-leave-on-entering-active-du--9cf58cdfde.md
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Source location: Title 5, Chapter 55, § 5552; chapter-055-pay-administration.md

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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. § 5551 — Lump-sum payment for accumulated and accrued leave on separation

**(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 sub

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

5 U.S.C. § 5547 — Limitation on premium pay

**(a)** An employee may be paid premium pay under sections 5542, 5545(a), (b), and (c), 5545a, 5545c, 5546(a) and (b), and 5550 only to the extent that the payment does not cause the aggregate of basic pay and such premium pay for any pay period for such employee to exceed the greater of— (1) the maximum rate of basic pay payable for GS–15 (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or (2) the rate payable for level V of the Executive Schedule. **(b)** (1) Subject to regulations prescribed by the Office of Personnel Management, subsection (a) shall not apply to an employee who is paid premium pay by reason of work in connection with an emergency (including a wildfire emergency) that involves a direct threat to life or property, including work performed in the aftermath of such an emergency. (2) Notwithstanding paragraph (1), no employee referred to in such paragraph may be paid premium pay under the provisions of law cited in subsection (a) if, or to the extent that, the aggregate of the basic pay and premium pay under those provisions for such employee would, in any calendar year, exceed the greater of— (A) the maximum rate of basic pay payable for GS–15 in effect at the end of such calendar year (including any applicable locality-based comparability payment under section 5304 or similar provision of law and any applicable special rate of pay under section 5305 or similar provision of law); or (B) the rate payable for level V of the Executive Schedule in effect at the end of such calendar year. (3) Subject to regulations prescribed by the Office of Personnel Management, the head of an agency may determine

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

5 U.S.C. § 5552 — Lump-sum payment for accumulated and

Page 691 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5552 Pub. L. 101–508, title VII, § 7202(g), Nov. 5, 1990, 104 Stat. 1388–336; Pub. L. 102–138, title I, § 147(b)(1), Oct. 28, 1991, 105 Stat. 669; Pub. L. 104–201, div. A, title XVI, § 1611(a), Sept. 23, 1996, 110 Stat. 2738; Pub. L. 106–518, title III, § 310, Nov. 13, 2000, 114 Stat. 2420.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 61b (1st, 2d, and 6th sentences). Dec. 21, 1944, ch. 632, § 1 (less 1st proviso, and less so much of last sentence as precedes 2d proviso), 58 Stat. 845. July 2, 1953, ch. 178, § 4(a) (1st and 5th sentences), 67 Stat. 137. (b) ............. 5 U.S.C. 2061a(a). July 2, 1953, ch. 178, § 2(a), 67 Stat. 136. In subsection (a), the words ‘‘An employee as defined by section 2105 of this title’’ are coextensive with and substituted for ‘‘civilian officer or employee of the Fed- eral Government’’. Reference to ‘‘section 1474 of Appen- dix to Title 50, is omitted in view of the repeal of that section by the Act of July 24, 1956, ch. 671, § 5(a)(3), 70 Stat. 606. The words ‘‘and shall not be subject to retire- ment deductions’’ are omitted and carried into section 8331(3). In subsection (b)(2), reference to the limitation im- posed by section 5 of the Act of July 2, 1953, ch. 178, 67 Stat. 138, is omitted as obsolete since the limitation was eliminated by the Act of Sept. 2, 1958, Pub. L. 85–914, § 1, 72 Stat. 1761. 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. Editorial Notes AMENDMENTS 2000—Subsec. (a). Pub. L. 106–518 substituted ‘‘, is transferred to a position described under section 6301

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