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5 U.S.C. § 5563 — Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_87f643bed54671470201178a
Source file: Laws/federal/codes/united-states-code/title-5/section-5563-allotments-continuance-suspension-initiation-resumption-or-increase-whil--8e8364918b.md
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Passage SHA-256: 38ad78280a2dcfcbee93fdf4334556ef76eed6129382f858735a687aa35f55e7
Source location: Title 5, Chapter 55, § 5563; chapter-055-pay-administration.md
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**(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 the employee is dead or has returned to the controllable jurisdiction of the agency concerned.
**(g)** When an employee in a missing status is continued in that status under [section 5565 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5565&num=0&edition=prelim), an allotment under subsections (a)–(d) of this section may be continued, increased, or initiated.
**(h)** When the head of the agency concerned considers it essential for the well-being and protection of the dependents of an employee in active service (other than an employee in a missing status), he may, with or without the consent of the employee and subject to termination on specific request of the employee—
(1) direct the payment of a new allotment from the pay of the employee;
(2) increase or decrease the amount of an allotment made by the employee; and
(3) continue payment of an allotment of the employee which has expired.
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5565
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5562
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** For the purpose of this section—
(1) “captive” means any individual in a captive status commencing while such individual is—
(A) in the Civil Service, or
(B) a citizen, national, or resident alien of the United States rendering personal service to the United States similar to the service of an individual in the Civil Service (other than as a member of the uniformed services);
(2) “captive status” means a missing status which, as determined by the President, arises because of a hostile action and is a result of the individual’s relationship with the Government;
(3) “missing status”—
(A) in the case of an employee, has the meaning provided under [section 5561(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5561/5&num=0&edition=prelim); and
(B) in the case of an individual other than an employee, has a similar meaning; and
(4) “family member”, as used with respect to a person, means—
(A) any dependent of such person; and
(B) any individual (other than a dependent under subparagraph (A)) who is a member of such person’s family or household.
**(b)**
(1) The Secretary of the Treasury shall establish a savings fund to which the head of an agency may allot all or any portion of the pay and allowances of any captive to the extent that such pay and allowances are not subject to an allotment under [section 5563 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5563&num=0&edition=prelim) or any other provision of law.
(2) Amounts so allotted to the savings fund shall bear interest at a rate which, for any calendar quarter, shall be equal to the average rate paid on United States Treasury bills with 3-month maturities issued during the preceding calendar quarter. Suc
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5569
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Federal law — U.S. Code and appendices · legal_authorities
Page 694
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5563
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 490; Pub. L.
93–181, § 7(a), Dec. 14, 1973, 87 Stat. 707; Pub. L.
96–54, § 2(a)(33), Aug. 14, 1979, 93 Stat. 383.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
(a) .............
50A U.S.C. 1002(a)
(1st sentence, less
last 46 words).
Mar. 7, 1942, ch. 166, § 2(a)
(1st 2 sentences and 3d
sentence,
less
1st
28
words); added
July 1, 1944, ch. 371, § 2, 58
Stat. 679.
Apr. 4, 1953, ch. 17, § 1(a), 67
Stat. 21.
Aug. 29, 1957, Pub. L. 85–217,
§ 1(b), 71 Stat. 491.
Aug. 14, 1964, Pub. L. 88–428,
§ 1(3)(A), (B), 78 Stat. 437.
50A U.S.C. 1014 (as
applicable to
§ 1002(a) (1st sen-
tence)).
Mar. 7, 1942, ch. 166, § 14 (as
applicable to § 2(a) (1st
sentence)), 56 Stat. 147.
Apr. 4, 1953, ch. 17, § 1(e), 67
Stat. 21.
(b) .............
50A U.S.C. 1002(a)
(last 46 words of
1st sentence, and
2d sentence).
(c) .............
50A U.S.C. 1002(a) (3d
sentence, less 1st
28 words).
(d) .............
50A U.S.C. 1006 (2d
sentence, as appli-
cable to pay and
allowances).
Mar. 7, 1942, ch. 166, § 6 (2d
sentence, as applicable to
pay
and
allowances);
added
Dec. 24, 1942, ch. 828, § 1 (4th
par.), 56 Stat. 1093.
Aug. 14, 1964, Pub. L. 88–428,
§ 1(5)(B), 78 Stat. 437.
Only that portion of the source law which is applica-
ble to civilian officers and employees and their depend-
ents is codified in this section.
In subsection (a), the words ‘‘An employee in a miss-
ing status’’ are substituted for the first 66 words of 50A
U.S.C. 1002(a) to conform to the definitions in section
5561(2) and (5). The words ‘‘pay and allowances’’ are
substituted for the enumeration of pay and allowances
in the first senten
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5563
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