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5 U.S.C. § 5563 — Allotments; continuance, suspension, initi-

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

5 U.S.C. § 5563 — Allotments; continuance, suspension, initi-

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

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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 sentence of 50A U.S.C. 1002(a) to conform to the definition in sections 5561(6). The words ‘‘or is per- forming full-time training duty, other full-time duty, or inactive duty training’’ and ‘‘except that the pay and allowances for a person who is performing full-time training duty or other full-time duty without pay, or inactive duty training with or without pay, shall be that to which he would have been entitled if he had been performing full-time active duty with pay;’’ are omitted as inapplicable to civilian officers and employ- ees. In subsection (b), the words ‘‘under subsection (a) of this section’’ are inserted for clarity. In subsection (c), the words ‘‘United States’’ are sub- stituted for ‘‘Government’’ to conform to the style of this title. The words ‘‘under subsection (a) of this sec- tion’’ are inserted for clarity. In subsection (d), the words ‘‘an employee in a miss- ing status’’ are substituted for ‘‘a person missing under the conditions specified in section 2 of this Act’’ to con- form to the definitions in section 5561(2) and (5). 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 1979—Subsec. (a). Pub. L. 96–54 substituted ‘‘Decem- ber 14, 1973,’’ for ‘‘the date of enactment of this sen- tence’’. 1973—Subsec. (a). Pub. L. 93–181 inserted provisions relating to employees in missing status on or after Jan- uary 1, 1965. 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. FORMER EMPLOYEES OR THEIR BENEFICIARIES Pub. L. 93–181, § 7(b), Dec. 14, 1973, 87 Stat. 707, pro- vided that: ‘‘The amendment made by subsection (a) of this section [amending subsec. (a) of this section] shall apply to former employees or their beneficiaries.’’ § 5563. Allotments; continuance, suspension, initi- ation, resumption, or increase while in a missing status; limitations (a) An allotment (including one for the pur- chase 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 author- ized by the head of the agency concerned, he or his designee may authorize such a new or in- creased 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 allow- ances 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 em- ployee, his dependents, or the United States. (f) When the head of the agency concerned offi- cially reports that an employee in a missing sta- tus is alive, an allotment under subsections (a)–(d) of this section may be paid, subject to section 5562 of this title, until the date the head of the agency concerned receives evidence that the employee is dead or has returned to the con- trollable jurisdiction of the agency concerned. (g) When an employee in a missing status is continued in that status under section 5565 of this title, 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 pro- tection of the dependents of an employee in ac- tive service (other than an employee in a miss- ing 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 al- lotment made by the employee; and (3) continue payment of an allotment of the employee which has expired. Page 695 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5564 (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 490.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 50A U.S.C. 1003 (1st sentence). Mar. 7, 1942, ch. 166, § 3, 56 Stat. 144. Dec. 24, 1942, ch. 828, § 1 (1st par.), 56 Stat. 1092. July 1, 1944, ch. 371, § 3, 58 Stat. 680. (b) ............. 50A U.S.C. 1003 (2d sentence, less pro- viso). (c) ............. 50A U.S.C. 1003 (1st proviso of 2d sen- tence). (d) ............. 50A U.S.C. 1003 (2d proviso of 2d sen- tence). (e) ............. 50A U.S.C. 1004 Mar. 7, 1942, ch. 166, § 4, 56 Stat. 144. Dec. 24, 1942, ch. 828, § 1 (2d par.), 56 Stat. 1093. July 1, 1944, ch. 371, § 4, 58 Stat. 680. (f) .............. 50A U.S.C. 1006 (1st sentence). Mar. 7, 1942, ch. 166, § 6 (1st sentence and 2d sentence, as applicable to allot- ments); added Dec. 24, 1942, ch. 828, § 1 (4th par.), 56 Stat. 1093. Apr. 4, 1953, ch. 17, § 1(b), 67 Stat. 21. Aug. 14, 1964, Pub. L. 88–428, § 1(5), 78 Stat. 437. 50A U.S.C. 1014 (as applicable to § 1006 (1st sentence)). Mar. 7, 1942, ch. 166, § 14 (as applicable to § 6 (1st sen- tence)), 56 Stat. 147. Apr. 4, 1953, ch. 17, § 1(e), 67 Stat. 21. (g) ............. 50A U.S.C. 1006 (2d sentence, as appli- cable to allot- ments). (h) ............. 50A U.S.C. 1007. Mar. 7, 1942, ch. 166 § 7, 56 Stat. 145. Aug. 14, 1964, Pub. L. 88–428, § 1(6), 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 ‘‘employee . . . in a miss- ing status’’ are substituted for the reference to ‘‘person . . . entitled under section 2 of this Act to receive or be credited with pay and allowances’’ to conform to the definitions in section 5561(2) and (5). The words ‘‘except as otherwise provided herein’’ are omitted as unneces- sary. In subsection (b), the words ‘‘head of the agency con- cerned, he or his designee’’ are substituted for ‘‘head of the department concerned . . . head of the department concerned, or such subordinate as he may designate’’. The word ‘‘employee’’ is substituted for ‘‘person’’ to conform to the definition in section 5561(2). In subsection (c), the words ‘‘in effect’’ are omitted as surplusage. The words ‘‘employee in a missing status’’ are substituted for ‘‘absent person’’ to conform to the definitions in section 5561(2) and (5). In subsection (d), the words ‘‘United States’’ are sub- stituted for ‘‘Government’’ to conform to the style of this title. The word ‘‘employee’’ is substituted for ‘‘per- son’’ to conform to the definition in section 5561(2). In subsection (e), the words ‘‘head of the agency con- cerned or his designee’’ are substituted for ‘‘head of the department concerned, or such subordinates as he may designate’’. The words ‘‘employee in a missing status’’ are substituted for ‘‘person entitled to receive or be credited with pay and allowances under section 2 of this Act’’ to conform to the definitions in section 5561(2) and (5). The words ‘‘United States’’ are sub- stituted for ‘‘Government’’ to conform to the style of this title. In subsections (f) and (g), the words ‘‘employee in a missing status’’ are substituted for ‘‘person missing under the conditions specified in section 2 of this Act’’ to conform to the definitions in section 5561(2) and (5). In subsection (h), the words ‘‘employee in a missing status’’ are substituted for ‘‘persons entitled under sec- tion 2 or 14 of this Act to receive pay and allowances’’ to conform to the definitions in section 5561(2) and (5). In paragraph (2), the words ‘‘heretofore or hereafter’’ are omitted as unnecessary. 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. § 5564. Travel and transportation; dependents; household and personal effects; motor vehi- cles; sale of bulky items; claims for proceeds; appropriation chargeable (a) For the purpose of this section, ‘‘household and personal effects’’ and ‘‘household effects’’ may include, in addition to other authorized weight allowances, one privately owned motor vehicle which may be shipped at United States expense. (b) Transportation (including packing, crat- ing, draying, temporarily storing, and unpack- ing of household and personal effects) may be provided for the dependents and household and personal effects of an employee in active service (without regard to pay grade) who is officially reported as dead, injured, or absent for more than 29 days in a status listed in section 5561(5) (A)–(E) of this title to— (1) the official residence of record for the employee; (2) the residence of his dependent, next of kin, or other person entitled to the effects under regulations prescribed by the head of the agency concerned; or (3) another location determined in advance or later approved by the head of the agency concerned or his designee on request of the employee (if injured) or his dependent, next of kin, or other person described in paragraph (2) of this subsection. (c) When an employee described in subsection (b) of this section is in an injured status, trans- portation of dependents and household and per- sonal effects may be provided under this section only when prolonged hospitalization or treat- ment is anticipated. (d) Transportation on request of a dependent may be authorized under this section only when there is a reasonable relationship between the circumstances of the dependent and the destina- tion requested. (e) Instead of providing transportation for de- pendents under this section, when the travel has been completed the head of the agency con- cerned may authorize— (1) reimbursement for the commercial cost of the transportation; or (2) a monetary allowance, instead of trans- portation, as authorized by statute for the whole or that part of the travel for which transportation in kind was not furnished. (f) The head of the agency concerned may store the household and personal effects of an employee described in subsection (b) of this sec- tion until proper disposition can be made. The cost of the storage and transportation (includ-

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

5 U.S.C. § 5563 — Allotments; continuance, suspension, initiation, resumption, or increase while in a missing status; limitations

**(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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