5 U.S.C. § 5552 — Lump-sum payment for accumulated and

Page 691 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5552 Pub. L. 101–508, title VII, § 7202(g), Nov. 5, 1990, 104 Stat. 1388–336; Pub. L. 102–138, title I, § 147(b)(1), Oct. 28, 1991, 105 Stat. 669; Pub. L. 104–201, div. A, title XVI, § 1611(a), Sept. 23, 1996, 110 Stat. 2738; Pub. L. 106–518, title III, § 310, Nov. 13, 2000, 114 Stat. 2420.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 61b (1st, 2d, and 6th sentences). Dec. 21, 1944, ch. 632, § 1 (less 1st proviso, and less so much of last sentence as precedes 2d proviso), 58 Stat. 845. July 2, 1953, ch. 178, § 4(a) (1st and 5th sentences), 67 Stat. 137. (b) ............. 5 U.S.C. 2061a(a). July 2, 1953, ch. 178, § 2(a), 67 Stat. 136. In subsection (a), the words ‘‘An employee as defined by section 2105 of this title’’ are coextensive with and substituted for ‘‘civilian officer or employee of the Fed- eral Government’’. Reference to ‘‘section 1474 of Appen- dix to Title 50, is omitted in view of the repeal of that section by the Act of July 24, 1956, ch. 671, § 5(a)(3), 70 Stat. 606. The words ‘‘and shall not be subject to retire- ment deductions’’ are omitted and carried into section 8331(3). In subsection (b)(2), reference to the limitation im- posed by section 5 of the Act of July 2, 1953, ch. 178, 67 Stat. 138, is omitted as obsolete since the limitation was eliminated by the Act of Sept. 2, 1958, Pub. L. 85–914, § 1, 72 Stat. 1761. 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 2000—Subsec. (a). Pub. L. 106–518 substituted ‘‘, is transferred to a position described under section 6301(2)(B)(xiii) of this title, or elects’’ for ‘‘or elects’’ in first sentence. 1996—Subsec. (c). Pub. L. 104–201 added subsec. (c). 1991—Subsec. (a). Pub. L. 102–138 inserted ‘‘(excluding any differential under section 5925 and any allowance under section 5928)’’ after ‘‘pay’’ in second sentence. 1990—Subsec. (a). Pub. L. 101–508 inserted at end ‘‘For the purposes of this subsection, movement to employ- ment described in section 2105(c) shall not be deemed separation from the service in the case of an employee whose annual leave is transferred under section 6308(b).’’ 1980—Subsec. (a). Pub. L. 96–499 provided that the pe- riod of leave used for calculating the lump-sum pay- ment was not to be extended due to any holiday occur- ring after separation. 1978—Subsec. (b). Pub. L. 95–519 substituted ‘‘6301(2)(x)–(xiii)’’ for ‘‘6301(2)(x)–(xii)’’ in two places. 1973—Subsec. (a). Pub. L. 93–181 struck out exception clause that the lump-sum payment may not exceed pay for a period of annual or vacation leave in excess of 30 days or the number of days carried over to his credit at the beginning of the leave year in which entitlement to payment occurs, whichever is greater. Subsec. (b). Pub. L. 93–181 struck out second excep- tion clause that the payment is made without regard to the limitation in subsec. (a) of this section on the amount of leave compensable. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–201, div. A, title XVI, § 1611(b), Sept. 23, 1996, 110 Stat. 2739, provided that: ‘‘Subsection (c) of section 5551 of title 5, United States Code (as added by subsection (a)), shall apply with respect to transfers de- scribed in such subsection (c) that take effect on or after the date of the enactment of this Act [Sept. 23, 1996].’’ EFFECTIVE DATE OF 1991 AMENDMENT Pub. L. 102–138, title I, § 147(b)(2), Oct. 28, 1991, 105 Stat. 669, provided that: ‘‘The amendment made by paragraph (1) [amending this section] shall apply with respect to service as part of a tour of duty or extension thereof commencing on or after the date of enactment of this Act [Oct. 28, 1991].’’ EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101–508 applicable with re- spect to any individual who, on or after Jan. 1, 1987, moves from employment in nonappropriated fund in- strumentality of Department of Defense or Coast Guard, that is described in section 2105(c) of this title, to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from em- ployment in Department or Coast Guard, that is not described in section 2105(c), to employment in non- appropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see section 7202(m)(1) of Pub. L. 101–508, set out as a note under section 2105 of this title. EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–499, title IV, § 402(b), Dec. 5, 1980, 94 Stat. 2605, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on the date of the enactment of this Act [Dec. 5, 1980] and shall apply to employees separating from the service on or after such date.’’ EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–519, § 4, Oct. 25, 1978, 92 Stat. 1819, provided that: ‘‘(a) The amendments made by the first section and section 2 of this Act [amending this section and sec- tions 6301, 6302, and 6306 of this title] shall take effect beginning on the first day of the first applicable pay pe- riod beginning on or after the date of the enactment of this Act [Oct. 25, 1978]. ‘‘(b) The amendment made by section 3 of this Act [amending section 8339 of this title] shall apply only with respect to employees who retire or die on or after the date of the enactment of this Act [Oct. 25, 1978].’’ § 5552. Lump-sum payment for accumulated and accrued leave on entering active duty; elec- tion An employee as defined by section 2105 of this title or an individual employed by a territory or possession of the United States or the govern- ment of the District of Columbia who enters on active duty in the armed forces is entitled to— (1) receive, in addition to his pay and allow- ances from the armed forces, a lump-sum pay- ment for accumulated and current accrued an- nual or vacation leave in accordance with sec- tion 5551 of this title; or (2) elect to have the leave remain to his credit until his return from active duty. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 489.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 61a. Aug. 1, 1941, ch. 348, 55 Stat. 616. Apr. 7, 1942, ch. 220, 56 Stat. 200. Page 692 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5553 The words ‘‘An employee as defined by section 2105 of this title’’ are coextensive with and substituted for ‘‘Employees of the United States Government, . . . (in- cluding employees of any corporation created under au- thority of an Act of Congress which is either wholly controlled or wholly owned by the United States Gov- ernment, or any corporation, all the stock of which is owned or controlled by the United States Government, or any department, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress)’’. The words ‘‘subsequent to May 1, 1940’’ are omitted as obsolete. The words ‘‘active duty in the armed forces’’ and ‘‘active duty’’ are substituted for ‘‘active military or naval service in the land or naval forces of the United States’’ and ‘‘active military or naval service’’, respectively, on authority of the National Security Act of 1947, 61 Stat. 495, as amended. The words ‘‘by vol- untary enlistment or otherwise’’ are omitted as unnec- essary. In paragraph (1), the words ‘‘in accordance with sec- tion 5551 of this title’’ are added on authority of former section 61b, which is carried into section 5551. 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. § 5553. Regulations The Office of Personnel Management may pre- scribe regulations necessary for the administra- tion of this subchapter. (Added Pub. L. 102–378, § 2(45)(A), Oct. 2, 1992, 106 Stat. 1353.) SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES § 5561. Definitions For the purpose of this subchapter— (1) ‘‘agency’’ means an Executive agency and a military department; (2) ‘‘employee’’ means an employee in or under an agency who is a citizen or national of the United States or an alien admitted to the United States for permanent residence, but does not include a part-time or intermittent employee or native labor casually hired on an hourly or daily basis. However, such an em- ployee who enters a status listed in paragraph (5)(A)–(E) of this section— (A) inside the continental United States; or (B) who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or in a for- eign country and who was not living there solely as a result of his employment; is an employee for the purpose of this sub- chapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agen- cy; (3) ‘‘dependent’’ means— (A) a wife; (B) an unmarried child (including an un- married dependent stepchild or adopted child) under 21 years of age; (C) a dependent mother or father; (D) a dependent designated in official rec- ords; and (E) an individual determined to be depend- ent by the head of the agency concerned or his designee; (4) ‘‘active service’’ means active Federal service by an employee; (5) ‘‘missing status’’ means the status of an employee who is in active service and is offi- cially carried or determined to be absent in a status of— (A) missing; (B) missing in action; (C) interned in a foreign country; (D) captured, beleaguered, or besieged by a hostile force; or (E) detained in a foreign country against his will; but does not include the status of an employee for a period during which he is officially deter- mined to be absent from his post of duty with- out authority; and (6) ‘‘pay and allowances’’ means— (A) basic pay; (B) special pay; (C) incentive pay; (D) basic allowance for housing; (E) basic allowance for subsistence; and (F) station per diem allowances for not more than 90 days. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 489; Pub. L. 105–85, div. A, title VI, § 603(d)(3), Nov. 18, 1997, 111 Stat. 1783.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (1)–(4) ........ 50A U.S.C. 1001. Mar. 7, 1942, ch. 166, § 1, 56 Stat. 143. July 1, 1944, ch. 371, § 1, 58 Stat. 679. May 16, 1947, ch. 70, § 1, 61 Stat. 96. Aug. 29, 1957, Pub. L. 85–217, § 1(a), 71 Stat. 491. Aug. 14, 1964, Pub. L. 88–428, § 1(1), (2), 78 Stat. 437. (5) ............. 50A U.S.C. 1002(a) (3d through 66th words of 1st sen- tence, and 1st 28 words of 3d sen- tence, for defini- tion purposes). Mar. 7, 1942, ch. 166, § 2(a) (3d through 66th words and 96th through 120th words of 1st sentence, and 1st 28 words of 3d sen- tence, for definition pur- poses); 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) (1st par.), 71 Stat. 491. Aug. 14, 1964, Pub. L. 88–428, § 1(3)(A), (C), 78 Stat. 437. (5) ............. 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. (6) ............. 50A U.S.C. 1002(a) (96th through 120th words of 1st sentence, for defi- nition purposes). 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 paragraph (1), the word ‘‘agency’’ is substituted for ‘‘department’’. The words ‘‘including such term when used in the amendment made by section 16’’ are omit- ted as surplusage. The words ‘‘an Executive agency and a military department’’ are coextensive with and sub- stituted for ‘‘any executive department, independent establishment, or agency (including corporations) in