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5 U.S.C. § 5562 — Pay and allowances; continuance while in a missing status; limitations
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
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Stable record: federal_law:legal_authorities:record_usc_a5abc51254f0ec36cb238375
Source file: Laws/federal/codes/united-states-code/title-5/section-5562-pay-and-allowances-continuance-while-in-a-missing-status-limitations--e4fe412f0a.md
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Source location: Title 5, Chapter 55, § 5562; chapter-055-pay-administration.md
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**(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 entitlement does not end—
(A) on the expiration of the term of service or employment of an employee while he is in a missing status; or
(B) earlier than the dates prescribed in paragraphs (1) and (2) of this subsection if the employee dies while he is in a missing status.
**(c)** An employee who is officially determined to be absent from his post of duty without authority is indebted to the United States for payments of amounts credited to his account under subsection (a) of this section for the period of that absence.
**(d)** 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), he continues to be entitled to have pay and allowances credited under subsection (a) of this section.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided by subsections (b), (d), (e), (f), and (g) of this section, annual leave provided by [section 6303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section6303&num=0&edition=prelim), which is not used by an employee, accumulates for use in succeeding years until it totals not more than 30 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year.
**(b)** Annual leave not used by an employee of the Government of the United States in one of the following classes of employees stationed outside the United States accumulates for use in succeeding years until it totals not more than 45 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year:
(1) Individuals directly recruited or transferred by the Government of the United States from the United States or its territories or possessions including the Commonwealth of Puerto Rico for employment outside the area of recruitment or from which transferred.
(2) Individuals employed locally but—
(A)
(i) who were originally recruited from the United States or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment;
(ii) who have been in substantially continuous employment by other agencies of the United States, United States firms, interests, or organizations, international organizations in which the United States participates, or foreign governments; and
(iii) whose conditions of employment provide for their return transportation to the United States or its territories or
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 6304
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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)** For the purpose of this section, “agency” means an Executive agency, but does not include—
(1) a Government controlled corporation;
(2) the Tennessee Valley Authority;
(3) the Virgin Islands Corporation;
(4) the Atomic Energy Commission;
(5) the Central Intelligence Agency;
(6) the Panama Canal Commission; or
(7) the National Security Agency, Department of Defense.
**(b)** Under regulations prescribed and administered by the President, each agency shall review systematically the operations of each of its activities, functions, or organization units, on a continuing basis.
**(c)** The purpose of the reviews includes—
(1) determining the degree of efficiency and economy in the operation of the agency’s activities, functions, or organization units;
(2) identifying the units that are outstanding in those respects; and
(3) identifying the employees whose personal efforts have caused their units to be outstanding in efficiency and economy of operations.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 305
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 5563
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Federal law — U.S. Code and appendices · legal_authorities
Page 693
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 5562
the executive branch of the Federal Government’’ in
view of the definitions in sections 105 and 102, and on
authority of 5 U.S.C. 933a which provides that general
legislation governing employment, compensation, and
the status of employees of the United States applies to
employees of the General Accounting Office in the
same manner as if they were in the executive branch.
In paragraph (3)(A), the word ‘‘lawful’’ is omitted as
unnecessary in view of the accepted recognition of the
fact that the word ‘‘wife’’ means a lawful wife. In para-
graph (3)(E), the words ‘‘head of the agency concerned
or his designee’’ are substituted for ‘‘head of the de-
partment concerned, or subordinate designated by
him’’.
The definitions in paragraphs (5) and (6), which do not
appear in, but are based on, the source law are created
for legislative convenience.
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
1997—Par. (6)(D). Pub. L. 105–85 substituted ‘‘housing’’
for ‘‘quarters’’.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–85, div. A, title VI, § 603(e), Nov. 18, 1997,
111 Stat. 1783, provided that: ‘‘This section [amending
this section, sections 708, 2830, 2882, 7572, and 7573 of
Title 10, Armed Forces, section 107 of Title 32, National
Guard, sections 101, 403, 405, 406, 420, 427, 551, and 1014 of
Title 37, Pay and Allowances of the Uniformed Serv-
ices, and section 3803 of Title 50, War and National De-
fense, repealing section 403a of Title 37, and enacting
provisions set out as a note under section 403 of Title
37] and the amendments made
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 5562
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