5 U.S.C. § 5582 — Designation of beneficiary; order of prece-

Page 704 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5582 the pay the deceased employee would have received had he lived and remained in the service until the end of the period of annual or vacation leave; (G) amounts of checks drawn for pay and allowances which were not delivered by the Government to the employee during his life- time; (H) amounts of unnegotiated checks re- turned to the Government because of the death of the employee; and (I) retroactive pay under section 5344(a) (2) of this title. It does not include benefits, refunds, or inter- est payable under subchapter III of chapter 83 of this title applicable to the service of the de- ceased employee, or amounts the disposition of which is otherwise expressly prescribed by Federal statute. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 495; Pub. L. 96–54, § 2(a)(34), Aug. 14, 1979, 93 Stat. 383.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (1) ............. 5 U.S.C. 61k. Aug. 3, 1950, ch. 518, § 7, 64 Stat. 396. Apr. 30, 1954, ch. 177, § 2, 68 Stat. 65. (2) ............. 5 U.S.C. 61g. Aug. 3, 1950, ch. 518, § 2, 64 Stat. 396. July 2, 1953, ch. 178, § 5, 67 Stat. 138. Sept. 1, 1954, ch. 1208, § 501, 68 Stat. 1115. Sept. 2, 1958, Pub. L. 85–914, § 1, 72 Stat. 1761. 5 U.S.C. 61i. Aug. 3, 1950, ch. 518, § 4, 64 Stat. 396. Paragraph (1) is supplied for convenience and is based on the first 35 words of former section 61f, which is car- ried into section 5582, and former section 61k. The exception for production credit corporations in section 7 of the Act of Aug. 3, 1950, is omitted as they were merged in the Federal intermediate credit banks by the Farm Credit Act of 1956, 70 Stat. 659. The exception in paragraph (1)(iv) for employees of the Senate is added on authority of the Act of Jan. 6, 1951, ch. 1213, 64 Stat. 1124; 2 U.S.C. 36a. In paragraph (2), the definition of ‘‘money due’’ is substituted for ‘‘unpaid compensation’’. Paragraph (2)(I) is added on authority of former section 1182(a)(2), which is carried into section 5344. 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 REFERENCES IN TEXT Section 36a of title 2, referred to in par. (1)(iv), was editorially reclassified as section 4592 of Title 2, The Congress. Section 5344 of this title, referred to in par. (2)(I), was amended generally by Pub. L. 92–392 and provisions re- lating to retroactive pay formerly contained in section 5344(a)(2) are contained in section 5344(b)(2). AMENDMENTS 1979—Par. (1). Pub. L. 96–54 inserted ‘‘and’’ after cl. (iv). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title. § 5582. Designation of beneficiary; order of prece- dence (a) The employing agency shall notify each employee of his right to designate a beneficiary or beneficiaries to receive money due, and of the disposition of money due if a beneficiary is not designated. An employee may change or revoke a designation at any time under regulations pro- mulgated— (1) by the Director of the Office of Personnel Management or his designee, in the case of an employee of an executive agency; (2) jointly by the President pro tempore of the Senate and the Speaker of the House of Representatives, or their designee, in the case of an employee of the legislative branch; and (3) by the Chief Justice of the United States or his or her designee, in the case of an em- ployee of the judicial branch. (b) In order to facilitate the settlement of the accounts of deceased employees, money due an employee at the time of his death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and the payment bars recovery by another person of amounts so paid: First, to the beneficiary or beneficiaries des- ignated by the employee in a writing received in the employing agency before his death. Second, if there is no designated beneficiary, to the widow or widower of the employee. Third, if none of the above, to the child or children of the employee and descendants of deceased children by representation. Fourth, if none of the above, to the parents of the employee or the survivor of them. Fifth, if none of the above, to the duly ap- pointed legal representative of the estate of the employee. Sixth, if none of the above, to the person or persons entitled under the laws of the domicile of the employee at the time of his death. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 495; Pub. L. 104–316, title I, § 103(c), Oct. 19, 1996, 110 Stat. 3828.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 61j. Aug. 3, 1950, ch. 518, § 5, 64 Stat. 396. (b) ............. 5 U.S.C. 61f. Aug. 3, 1950, ch. 518, § 1, 64 Stat. 395. Subsection (a) is restated for clarity. The word ‘‘offi- cers’’ is omitted as included in ‘‘employee’’. In subsection (b), so much of the first 35 words of former section 61f as states the application is carried into the definition of ‘‘employee’’ in section 5581(1). The word ‘‘officer’’ is omitted as included in ‘‘employee’’. 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. Page 705 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5584 Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–316 substituted ‘‘An em- ployee may change or revoke a designation at any time under regulations promulgated—’’ for ‘‘An employee may change or revoke a designation at any time under such regulations as the Comptroller General of the United States may prescribe.’’ in introductory provi- sions and added pars. (1) to (3). § 5583. Payment of money due; settlement of ac- counts (a) Under such regulations as the Director of the Office of Personnel Management may pre- scribe, the employing agency shall pay money due a deceased employee to the beneficiary des- ignated by the employee under section 5582(b) of this title, or, if none, to the widow or widower of the employee. (b) The Director may by regulation prescribe the method for settlement of accounts payable under subsection (a) of this section. However— (1) accounts of employees of the government of the District of Columbia shall be paid by the District of Columbia; and (2) accounts of employees of Government corporations or mixed ownership Government corporations may be paid by the corporations. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 496; Pub. L. 96–70, title III, § 3302(e)(7), Sept. 27, 1979, 93 Stat. 498; Pub. L. 104–316, title II, § 202(b), Oct. 19, 1996, 110 Stat. 3842.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 61h. Aug. 3, 1950, ch. 518, § 3, 64 Stat. 396. Apr. 30, 1954, ch. 177, § 1, 68 Stat. 64. In subsection (a), the word ‘‘officer’’ is omitted as in- cluded in ‘‘employee’’. 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 1996—Subsec. (a). Pub. L. 104–316, § 202(b)(1), sub- stituted ‘‘Director of the Office of Personnel Manage- ment’’ for ‘‘Comptroller General of the United States’’. Subsec. (b). Pub. L. 104–316, § 202(b)(2), substituted ‘‘The Director may by regulation prescribe the method for settlement of accounts payable under subsection (a) of this section.’’ for ‘‘Except as the Comptroller Gen- eral may by regulation otherwise authorize or direct, accounts not payable under subsection (a) of this sec- tion are payable on settlement of the General Account- ing Office.’’ 1979—Subsec. (b). Pub. L. 96–70 struck out par. (2) pro- viding that accounts of the employees of the Canal Zone Government be paid by the Canal Zone Govern- ment, and redesignated par. (3) as (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Rela- tions and Intercourse. § 5584. Claims for overpayment of pay and allow- ances, and of travel, transportation and relo- cation expenses and allowances (a) A claim of the United States against a per- son arising out of an erroneous payment of pay or allowances made on or after July 1, 1960, or arising out of an erroneous payment of travel, transportation or relocation expenses and allow- ances, to an employee of an agency, the collec- tion of which would be against equity and good conscience and not in the best interests of the United States, may be waived in whole or in part by— (1) the authorized official; (2) the head of the agency when— (A) the claim is in an amount aggregating not more than $1,500; and (B) the waiver is made in accordance with standards which the authorized official shall prescribe; or (3) the Director of the Administrative Office of the United States Courts when the claim is in an amount aggregating not more than $10,000 and involves an officer or employee of the Administrative Office of the United States Courts, the Federal Judicial Center, or any of the courts set forth in section 610 of title 28. (b) The authorized official or the head of the agency, as the case may be, may not exercise his authority under this section to waive any claim— (1) if, in his opinion, there exists, in connec- tion with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the employee or any other per- son having an interest in obtaining a waiver of the claim; (2) except in the case of employees of the Government Publishing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office, after the expiration of three years immediately fol- lowing the date on which the erroneous pay- ment of pay was discovered or three years im- mediately following October 21, 1968, which- ever is later; (3) except in the case of employees of the Government Publishing Office, the Library of Congress, the Office of the Architect of the Capitol, or the Botanic Garden, if application for waiver is received in his office after the ex- piration of three years immediately following the date on which the erroneous payment of allowances was discovered or three years im- mediately following October 2, 1972, whichever is later; (4) in the case of employees of the Govern- ment Publishing Office, the Library of Con- gress, the Office of the Architect of the Cap- itol, or the Botanic Garden, if application for waiver is received in his office after the expi- ration of 3 years immediately following the date on which the erroneous payment of pay or allowances was discovered or 3 years imme- diately following July 25, 1974, whichever is later; or (5) in the case of a claim involving an erro- neous payment of travel, transportation or re- location expenses and allowances, if applica-