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

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

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

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Stable record: federal_law:legal_authorities:record_usc_a2f6ab3564dd9d136fae440b
Source file: Laws/federal/codes/united-states-code/title-5/section-5566-agency-determinations--5054f54fdb.md
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Source location: Title 5, Chapter 55, § 5566; chapter-055-pay-administration.md

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**(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 warrant the reconsideration of a determination made under this subchapter, the head of the agency concerned or his designee may change or modify it. **(e)** When the account of an employee has been charged or debited with an allotment paid under this subchapter, the amount so charged or debited shall be recredited to the account of the employee if the head of the agency concerned or his designee determines that the payment was induced by fraud or misrepresentation to which the employee was not a party. **(f)** Except an allotment for an unearned insurance premium, an allotment paid from the pay and allowances of an employee for the period he is in a missing status may not be collected from the allottee as an overpayment when payment was caused by delay in receiving evidence of death. An allotment paid for a period after the end, under this subchapter or otherwise, of entitlement to pay and allowances may not be collected from the allottee or charged against the pay of a deceased employee when payment was caused by delay in receiving evidence of death. **(g)** The head of the agency concerned or his designee may waive the recovery of an erroneous payment or overpayment of an allotment to a dependent if he considers recovery is against equity and good conscience. **(h)** 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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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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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 2 — Definitions and special rules

**(a) Definition of surviving spouse** (1) **In general** — For purposes of section 1, the term “surviving spouse” means a taxpayer— (A) whose spouse died during either of his two taxable years immediately preceding the taxable year, and (B) who maintains as his home a household which constitutes for the taxable year the principal place of abode (as a member of such household) of a dependent (i) who (within the meaning of section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) is a son, stepson, daughter, or stepdaughter of the taxpayer, and (ii) with respect to whom the taxpayer is entitled to a deduction for the taxable year under section 151. (2) **Limitations** — Notwithstanding paragraph (1), for purposes of section 1 a taxpayer shall not be considered to be a surviving spouse— (A) if the taxpayer has remarried at any time before the close of the taxable year, or (B) unless, for the taxpayer’s taxable year during which his spouse died, a joint return could have been made under the provisions of section 6013 (without regard to subsection (a)(3) thereof). (3) **Special rule where deceased spouse was in missing status** — If an individual was in a missing status (within the meaning of section 6013(f)(3)) as a result of service in a combat zone (as determined for purposes of section 112) and if such individual remains in such status until the date referred to in subparagraph (A) or (B), then, for purposes of paragraph (1)(A), the date on which such individual died shall be treated as the earlier of the date determined under subparagraph (A) or the date determined under subparagraph (B): (A) the date on which the determination is made under [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:

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

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

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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