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 purpose of the ending of crediting pay and allow- ances 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 agen- cy 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 de- termination 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 492.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 50A U.S.C. 1005 (1st and 2d sentences). Mar. 7, 1942, ch. 166, § 5, 56 Stat. 145. Dec. 24, 1942, ch. 828, § 1 (3d par.), 56 Stat. 1093. Aug. 14, 1964, Pub. L. 88–428, § 1(4), 78 Stat. 437. HISTORICAL AND REVISION NOTES—CONTINUED Derivation U.S. Code Revised Statutes and Statutes at Large 50A U.S.C. 1014 (as applicable to § 1005 (1st sentence)). Mar. 7, 1942, ch. 166, § 14 (as applicable to § 5 (1st sen- tence)), 56 Stat. 147. Apr. 4, 1953, ch. 17, § 1(e), 67 Stat. 21. (b) ............. 50A U.S.C. 1005 (less 1st and 2d sen- tences). (c) ............. 50A U.S.C. 1009(b) (as applicable to § 1005). Mar. 7, 1942, ch. 166, § 9(b) (as applicable to § 5); added Aug. 29, 1957, Pub. L. 85–217, § 1(c), 71 Stat. 492. 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 ‘‘When an employee has been in a missing status almost 12 months’’ are sub- stituted for ‘‘When the twelve months’ period from the date of commencement of absence is about to expire in any case of a person entitled under section 2 of this Act to receive or be credited with pay and allowances’’ for clarity and to conform to the definitions in section 5561(2) and (5). For the same reasons, the words ‘‘the end of 12 months in a missing status’’ are substituted for ‘‘the twelve months’ absence shall have expired’’. The words ‘‘or his designee’’ are supplied on authority of 50A U.S.C. 1009(a) which is codified in part in section 5566(a). In paragraph (1), the words ‘‘his’’ and ‘‘em- ployee’’ are substituted for ‘‘person’s’’ and ‘‘person’’. In subsection (b), the words ‘‘under subsection (a) of this section’’ are inserted for clarity. The words ‘‘and payment of death gratuities’’ are omitted as inappli- cable to civilian officers and employees. In paragraph (1), the words ‘‘the day on which the 12 months in a missing status ends’’ are substituted for ‘‘the day of ex- piration of an absence of twelve months’’ for consist- ency with subsection (a) of this section and in view of the definition in section 5561(5). In paragraph (2), the words ‘‘or his designee’’ are supplied on authority of 50A U.S.C. 1009(a) which is in part codified in section 5566(a). The words ‘‘under subsection (a) of this sec- tion’’ are substituted for ‘‘as hereinbefore authorized’’. In subsection (c), the word ‘‘sole’’ is omitted as sur- plusage and in view of the provisions of section 5566(h). The word ‘‘deemed’’ is supplied to evidence the legal fiction provided by the words ‘‘is a ‘person’ under this Act’’ in 50A U.S.C. 1009(a). The words ‘‘or his designee’’ are supplied on authority of 50A U.S.C. 1009(a) which is in part codified in section 5566(a). The words ‘‘agencies of the United States’’ are substituted for ‘‘departments of the Government’’. The words ‘‘This section does not entitle’’ are substituted for ‘‘Provided, That nothing in this section shall be construed as conferring . . . any right’’. 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. § 5566. Agency determinations (a) The head of the agency concerned or his designee may make any determination nec- essary 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 sub- chapter; (3) any other status covered by this sub- chapter; (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. Page 698 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5566 (b) When the head of the agency concerned re- ceives information that he considers to conclu- sively establish the death of an employee, he shall take action thereon as an official report of death, notwithstanding an earlier action relat- ing 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, 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 sta- tus 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 sub- chapter, including credits and charges in his ac- count, 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 reconsid- eration of a determination made under this sub- chapter, 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 deb- ited 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 insur- ance 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 enti- tlement to pay and allowances may not be col- lected 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 erro- neous 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 de- termination 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 493.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 50A U.S.C. 1009(a) (1st and 2d sen- tences). Mar. 7, 1942, ch. 166, § 9(a) (less 5th and last sen- tences); added July 1, 1944, ch. 371, § 5, 58 Stat. 680. Apr. 4, 1953, ch. 17, § 1(c), 67 Stat. 21. Aug. 29, 1957, Pub. L. 85–217, § 1(c), 71 Stat. 492. 50A U.S.C. 1010. Mar. 7, 1942, ch. 166, § 10, 56 Stat. 145. July 1, 1944, ch. 371, § 6, 58 Stat. 681. Aug. 14, 1964, Pub. L. 88–428, § 1(7), 78 Stat. 437. (b) ............. 50A U.S.C. 1009(a) (3d and 4th sentences). (c) ............. 50A U.S.C. 1009(a) (6th sentence, less last proviso). 50A U.S.C. 1014 (as applicable to § 1009(a) (1st pro- viso of 6th sen- tence)). Mar. 7, 1942, ch. 166, § 14 (as applicable to § 9(a) (1st proviso of 6th sentence)), 56 Stat. 147. Apr. 4, 1953, ch. 17, § 1(e), 67 Stat. 21. (d) ............. 50A U.S.C. 1009(a) (7th sentence). (e) ............. 50A U.S.C. 1009(a) (last proviso of 6th sentence). (f) .............. 50A U.S.C. 1009(a) (8th sentence). (g) ............. 50A U.S.C. 1009(a) (9th sentence). (h) ............. 50A U.S.C. 1009(b) (as applicable to § 1009). Mar. 7, 1942, ch. 166, § 9(b) (as applicable to § 9); added Aug. 29, 1957, Pub. L. 85–217, § 1(c), 71 Stat. 492. 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 ‘‘head of the agency con- cerned or his designee’’ are substituted for ‘‘head of the department concerned, or such subordinate as he may designate’’. The words ‘‘for the purposes of this Act’’ are omitted as surplusage. The words ‘‘final and’’ in 50A U.S.C. 1010 are omitted as surplusage and for con- sistency with 50A U.S.C. 1009(a) (1st sentence). The words ‘‘the determination of the fact of dependency for the purpose of payment of all six months’ death gratu- ities as authorized by law, and the determination of the fact of dependency under the provisions of any and all other laws providing for the payment of pay, allow- ances, or other emoluments to enlisted personnel in the Army, Navy, Air Force, Marine Corps, and Coast Guard of the United States where such payments are contin- gent upon dependency’’ in 50A U.S.C. 1010 are omitted as inapplicable to civilian officers and employees and their dependents. In paragraph (2), the words ‘‘under this subchapter’’ are substituted for ‘‘under the provi- sions of this Act’’. In paragraph (3), the words ‘‘covered by this subchapter’’ are substituted for ‘‘dealt with by this Act’’. In paragraph (4), the words ‘‘by the head of the agency concerned’’ are substituted for ‘‘in such de- partment or by the head thereof’’. In paragraph (5), the word ‘‘employee’’ is substituted for ‘‘person’’. In subsection (b), the words ‘‘head of the agency con- cerned’’ are substituted for ‘‘department concerned’’. The word ‘‘employee’’ is substituted for ‘‘person’’. In the second sentence, the words ‘‘the head of the agency concerned or his designee’’ are inserted for clarity. The words ‘‘is dead’’ are substituted for ‘‘is no longer alive’’ for consistency with references in this section to ‘‘death’’. In subsection (c), the words ‘‘or his designee’’ are sub- stituted for ‘‘or by such subordinate as he may des- ignate’’. The words ‘‘captured, beleaguered, or besieged Page 699 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5568 by a hostile force’’ are substituted for ‘‘in the hands of a hostile force’’ on authority of 50A U.S.C. 1014. In subsection (d), the words ‘‘under this subchapter’’ are substituted for ‘‘authorized to be made by this Act’’. The words ‘‘or his designee’’ are substituted for ‘‘or such subordinate as he may designate’’. In subsection (e), the words ‘‘an employee . . . allot- ment paid under this subchapter’’ are substituted for ‘‘any person . . . allotments paid pursuant to this Act’’. The words ‘‘the employee if the head of the agency con- cerned or his designee’’ are substituted for ‘‘such per- son’s . . . in any case in which . . . the head of the de- partment concerned, or such subordinate as he may designate.’’ In subsection (f), the words ‘‘may not be collected’’ are substituted for ‘‘shall not be subject to collection’’ in two places. The word ‘‘employee’’ is substituted for ‘‘person’’. In subsection (g), the words ‘‘or his designee’’ are sub- stituted for ‘‘or such subordinate as he may designate’’. In subsection (h), the word ‘‘sole’’ is omitted as sur- plusage and in view of the provisions of section 5565(c). The word ‘‘deemed’’ is supplied to evidence the legal fiction provided by the words ‘‘is a ‘person’ under this Act’’ in 50A U.S.C. 1009(a). The words ‘‘or his designee’’ are supplied on authority of 50A U.S.C. 1009(a) which is codified in part in subsection (a) of this section. The words ‘‘agencies of the United States’’ are substituted for ‘‘departments of the Government’’. The words ‘‘This section does not entitle’’ are substituted for ‘‘Provided, That nothing in this section shall be construed as con- ferring . . . any right’’. 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. § 5567. Settlement of accounts (a) The head of the agency concerned or his designee may settle the accounts of— (1) an employee for whose account payment has been made under sections 5562, 5563, and 5565 of this title; and (2) a survivor of a casualty to a ship, station, or military installation which results in the loss or destruction of disbursing records. That settlement is conclusive on the accounting officials of the United States in settling the ac- counts of disbursing officials. (b) Payment or settlement of an account made pursuant to a report, determination, or finding of death may not be recovered or reopened be- cause of a later report or determination which fixes a date of death. However, an account shall be reopened and settled on the basis of a date of death so fixed which is later than that used as a basis for earlier settlement. (c) In settling the accounts of a disbursing of- ficial, he is entitled to credit for an erroneous payment or overpayment made by him in car- rying out this subchapter, except section 5568, if there is no fraud or criminality by him. Recov- ery may not be made from an individual who au- thorizes a payment under this subchapter, ex- cept section 5568, if there is no fraud or crimi- nality by him. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 494.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 50A U.S.C. 1011. Mar. 7, 1942, ch. 166, § 11, 56 Stat. 146. (b) ............. 50A U.S.C. 1009(a) (5th sentence). Mar. 7, 1942, ch. 166, § 9(a) (5th and last sentences); added HISTORICAL AND REVISION NOTES—CONTINUED Derivation U.S. Code Revised Statutes and Statutes at Large July 1, 1944, ch. 371, § 5, 58 Stat. 680. Aug. 29, 1957, Pub. L. 85–217, § 1(c), 71 Stat. 492. (c) ............. 50A U.S.C. 1009(a) (last sentence). 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 ‘‘or his designee’’ are sub- stituted for ‘‘or such person as he may designate’’. The word ‘‘employee’’ is substituted for ‘‘persons’’. The words ‘‘United States’’ are substituted for ‘‘Govern- ment’’ to conform to the style of this title. In subsection (c), the words ‘‘in carrying out this sub- chapter, except section 5568’’ are substituted for ‘‘in carrying out the provisions of this Act, except sections 13, 16, 17, and 18’’, since sections 16 and 17 are scheduled for repeal (see Table II) and section 18 was previously repealed. The words ‘‘under this subchapter, except sec- tion 5568’’ are substituted for ‘‘under such provisions’’ for the reasons stated in the preceding sentence. 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. § 5568. Income tax deferment Notwithstanding other statutes, any Federal income tax return of, or the payment of any Federal income tax by, an employee who, at the time the return or payment would otherwise be- come due, is in a missing status does not become due until the earlier of the following dates: (1) the fifteenth day of the third month in which he ceased (except because of death or in- competency) being in a missing status, unless before the end of that fifteenth day he is again in a missing status; or (2) the fifteenth day of the third month after the month in which an executor, adminis- trator, or conservator of the estate of the tax- payer is appointed. That due date is prescribed subject to the power of the Secretary of the Treasury or his delegate to extend the time for filing the return or pay- ing the tax, as in other cases, and to assess and collect the tax as provided by sections 6851, 6861, and 6871 of title 26 in cases in which the assess- ment or collection is jeopardized and in cases of bankruptcy or receivership. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 494.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 50A U.S.C. 1013. Mar. 7, 1942, ch. 166, § 13, 56 Stat. 146. Aug. 8, 1947, ch. 515, § 6, 61 Stat. 918. Aug. 14, 1964, Pub. L. 88–428, § 1(9), 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. The words ‘‘in the case of any taxable year beginning after December 31, 1940’’ are omitted as unnecessary. The words ‘‘an employee’’ are substituted for ‘‘any ci- vilian officer or employee of any department’’ to con- form to the definition in section 5561(2). The words ‘‘in