5 U.S.C. § 5581 — Definitions

Page 703 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5581 1 See References in Text note below. tion for the disability or death of an employee or a family member of an employee if, as deter- mined by the President, the disability or death was caused by hostile action and was a result of the individual’s relationship with the Govern- ment. (c) Any compensation otherwise payable to an individual under this section in connection with any disability or death shall be reduced by any amounts payable to such individual under any other program funded in whole or in part by the United States (excluding any amount payable under section 5569(d) of this title) in connection with such disability or death, except that noth- ing in this subsection shall result in the reduc- tion of any amount below zero. (d) A determination by the President under subsection (b) shall be conclusive and shall not be subject to judicial review. (e) Compensation under this section may in- clude payment (whether by advancement or re- imbursement) for any medical or health ex- penses relating to the death or disability in- volved to the extent that such expenses are not covered under subsection (c) of section 5569 of this title (other than because of paragraph (2) of such subsection). (f) This section applies with respect to any dis- ability or death resulting from an injury which occurs after January 21, 1981. (g) Any benefit or payment pursuant to this section shall be paid out of funds available for salaries and expenses of the relevant agency of the United States. (Added Pub. L. 99–399, title VIII, § 803(a), Aug. 27, 1986, 100 Stat. 882.) Statutory Notes and Related Subsidiaries CIVILIAN SERVICE RECOGNITION Pub. L. 112–73, Dec. 20, 2011, 125 Stat. 784, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Civilian Service Rec- ognition Act of 2011’. ‘‘SEC. 2. PRESENTATION OF UNITED STATES FLAG ON BEHALF OF FEDERAL CIVILIAN EMPLOY- EES WHO DIE OF INJURIES INCURRED IN CON- NECTION WITH THEIR EMPLOYMENT. ‘‘(a) PRESENTATION AUTHORIZED.—Upon receipt of a request under subsection (b), the head of an executive agency may give a flag of the United States for an indi- vidual who— ‘‘(1) was an employee of the agency; and ‘‘(2) dies of injuries incurred in connection with such individual’s employment with the Federal Gov- ernment, suffered as a result of a criminal act, an act of terrorism, a natural disaster, or other cir- cumstance as determined by the President. ‘‘(b) REQUEST FOR FLAG.—The head of an executive agency may furnish a flag for a deceased employee de- scribed in subsection (a) upon the request of— ‘‘(1) the employee’s widow or widower, child, sib- ling, or parent; or ‘‘(2) if no request is received from an individual de- scribed in paragraph (1), an individual other than the next of kin as determined by the Director of the Of- fice of Personnel Management. ‘‘(c) CLASSIFIED INFORMATION.—The head of an execu- tive agency may disclose information necessary to show that a deceased individual is an employee de- scribed in subsection (a) to the extent that such infor- mation is not classified and to the extent that such dis- closure does not endanger the national security of the United States. ‘‘(d) EMPLOYEE NOTIFICATION OF FLAG BENEFIT.—The head of an executive agency shall provide appropriate notice to employees of the agency of the flag benefit provided for under this section. ‘‘(e) REGULATIONS.—The Director of the Office of Per- sonnel Management, in coordination with the Sec- retary of Defense and the Secretary of Homeland Secu- rity, may prescribe regulations to implement this sec- tion. Any such regulations shall provide for the head of an executive agency to consider the conditions and cir- cumstances surrounding the death of an employee and nature of the service of the employee. ‘‘(f) DEFINITIONS.—In this section: ‘‘(1) EMPLOYEE.—The term ‘employee’ has the meaning given that term in section 2105 of title 5, United States Code, and includes an officer or em- ployee of the United States Postal Service or of the Postal Regulatory Commission. ‘‘(2) EXECUTIVE AGENCY.—The term ‘executive agen- cy’ has the meaning given that term in section 105 of title 5, United States Code, and includes the United States Postal Service and the Postal Regulatory Commission.’’ Executive Documents DELEGATION OF FUNCTIONS Functions of the President under this section dele- gated to the Secretary of State to be exercised in con- sultation with the Secretary of Labor, see Ex. Ord. No. 12598, June 17, 1987, 52 F.R. 23421, set out as a note under section 5569 of this title. SUBCHAPTER VIII—SETTLEMENT OF ACCOUNTS § 5581. Definitions For the purpose of this subchapter— (1) ‘‘employee’’ means— (A) an employee as defined by section 2105 of this title; and (B) an individual employed by the govern- ment of the District of Columbia; but does not include an employee of— (i) a Federal land bank; (ii) a Federal intermediate credit bank; (iii) a regional bank for cooperatives; or (iv) the Senate within the purview of sec- tion 36a of title 2; 1 and (2) ‘‘money due’’ means the pay and allow- ances due on account of the services of a de- ceased employee for the Government of the United States or the government of the Dis- trict of Columbia. It includes, but is not lim- ited to— (A) per diem instead of subsistence, mile- age, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in connection there- with for which reimbursement is due; (B) allowances on change of official sta- tion; (C) quarters and cost-of-living allowances and overtime or premium pay; (D) amounts due for payment of cash awards for employees’ suggestions; (E) amounts due as refund of pay deduc- tions for United States savings bonds; (F) payment for accumulated and current accrued annual or vacation leave equal to 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.