5 U.S.C. § 8321 — Liability of accountable employees

Page 975 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 8331 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 2 of the Act of September 26, 1961 (75 Stat. 648), referred to in subsec. (b)(1), is set out as a note under section 8322 of this title. § 8320. Offense or violation committed in compli- ance with orders When it is established by satisfactory evidence that an individual— (1) was convicted of an offense named by sec- tion 8312 of this title; or (2) violated section 8314 or 8315 of this title; as a result of proper compliance with orders issued, in a confidential relationship, by an agency or other authority of the Government of the United States or the government of the District of Columbia, the right to receive an- nuity or retired pay may not be denied. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 564.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2285(c). Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 6(c)’’, 75 Stat. 645. The reference to conviction of an offense which con- stitutes a violation of former section 2283 (which is car- ried into this title as sections 8314 and 8315) is omitted as being covered by the words ‘‘violated section 8314 or 8315 of this title’’ which are added on authority of the words ‘‘conviction or violation’’ in former section 2285(c). 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. § 8321. Liability of accountable employees An accountable employee may not be held re- sponsible for a payment made in violation of this subchapter when the payment made is in due course and without fraud, collusion, or gross negligence. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 564.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2286. Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 7’’, 75 Stat. 645. The words ‘‘and section 3282 of Title 18’’ 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. § 8322. Effect on other statutes This subchapter does not restrict authority under a statute, other than this subchapter, to deny or withhold benefits authorized by statute. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 564.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2288. Sept. 26, 1961, Pub. L. 87–299, § 1 ‘‘Sec. 9’’, 75 Stat. 646. The words ‘‘and section 3282 of Title 18’’ 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. Statutory Notes and Related Subsidiaries RETROACTIVE RESTORATION OF ANNUITY AND RETIRED PAY; REDEPOSITS OF CONTRIBUTIONS AND OFFSETS Section 2 of Pub. L. 87–299, Sept. 26, 1961, 75 Stat. 648, provided that: ‘‘(a) Subject to subsection (b) of this section, any per- son, including his survivor or beneficiary, to whom an- nuity or retired pay is not payable under the Act of September 1, 1954 [this subchapter], as in effect at any time prior to the date of enactment of this Act [Sept. 26, 1961], by reason of any conviction of an offense, any commission of a violation, any refusal to answer, or any absence under indictment, or under charges, for any offense, shall be restored the right to receive such annuity or retired pay for any and all periods for which he would have had the right to receive such annuity or retired pay if the Act of September 1, 1954 [this sub- chapter], had not been enacted, unless, under the amendment made by the first section of this Act [amending former chapter 31 of this title, now this sub- chapter, and section 3282 of Title 18, Crimes and Crimi- nal Procedure], such annuity or retired pay remains nonpayable to such person, including his survivor or beneficiary. ‘‘(b) No annuity accrued or accruing, prior to, on, or after the date of enactment of this Act [Sept. 26, 1961], on account of the restoration, by reason of the amend- ment made by the first section of this Act [amending former chapter 31 of this title, now this subchapter, and section 3282 of Title 18] and by reason of subsection (a) of this section, of the right to receive such annuity, shall be paid until any sum refunded under section 3 of the Act of September 1, 1954 [former section 2284 of this title, now section 8316 of this title, prior to amendment Sept. 26, 1961], as in effect prior to the date of enact- ment of such amendment [Sept. 26, 1961], is deposited or is collected by offset against the annuity.’’ SUBCHAPTER III—CIVIL SERVICE RETIREMENT § 8331. Definitions For the purpose of this subchapter— (1) ‘‘employee’’ means— (A) an employee as defined by section 2105 of this title; (B) the Architect of the Capitol, an em- ployee of the Architect of the Capitol, and an employee of the Botanic Garden; (C) a Congressional employee as defined by section 2107 of this title (other than the Ar- chitect of the Capitol, an employee of the Architect of the Capitol, and an employee of the Botanic Garden), after he gives notice in writing to the official by whom he is paid of his desire to become subject to this sub- chapter; (D) a temporary Congressional employee appointed at an annual rate of pay, after he gives notice in writing to the official by whom he is paid of his desire to become sub- ject to this subchapter;