5 U.S.C. § 5534a — Dual employment and pay during ter-

Page 659 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 5535 or position under the Government of the United States or the government of the District of Co- lumbia, and he is entitled to receive the pay of that office or position in addition to pay and al- lowances as a Reserve or member of the Na- tional Guard. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 484.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 30r(c) (1st sentence). Aug. 10, 1956, ch. 1041, § 29(c) (1st sentence), 70A Stat. 632. 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. § 5534a. Dual employment and pay during ter- minal leave from uniformed services A member of a uniformed service who has per- formed active service and who is on terminal leave pending separation from, or release from active duty in, that service under honorable conditions may accept a civilian office or posi- tion in the Government of the United States, its territories or possessions, or the government of the District of Columbia, and he is entitled to receive the pay of that office or position in addi- tion to pay and allowances from the uniformed service for the unexpired portion of the terminal leave. Such a member also is entitled to accrue annual leave with pay in the manner specified in section 6303(a) of this title for a retired member of a uniformed service. (Added Pub. L. 90–83, § 1(22), Sept. 11, 1967, 81 Stat. 199; amended Pub. L. 109–364, div. A, title XI, § 1101, Oct. 17, 2006, 120 Stat. 2407.) HISTORICAL AND REVISION NOTES This section amends chapter 55 of title 5, United States Code, by inserting a new section 5534a. This sec- tion is based on subsections (a) and (f) of former 5 U.S.C. 61a–1 the source statute for which (act of Nov. 21, 1945, ch. 489, 59 Stat. 584) was repealed by the act of September 6, 1966, Public Law 89–554 (sec. 8, 80 Stat. 653). Senate Report 1380, 89th Congress, second session, pages 449, 511, explains that the source was repealed since it had been rendered obsolete by section 4(c) of the Armed Forces Leave Act of 1946, as amended (37 U.S.C. 501), and section 219(c) of the Public Health Serv- ice Act, as added August 9, 1950 (ch. 654, sec. 2, 64 Stat. 426; 42 U.S.C. 210–1(c)), and that any existing rights are preserved by section 8 of Public Law 89–554. At the time of enactment of the act of November 21, 1945, there was no authority to make lump-sum leave payments to members of the uniformed services who were being separated from or released from active duty in the uniformed services. Accordingly, they were placed on terminal leave until the expiration of the un- used portion of their accumulated and current accrued leave, and only then separated or released. The act of November 21, 1945, in part, authorized the employment of these members during terminal leave and provided they were entitled to receive, in addition to the pay- ment from the employment, military pay and allow- ances for the unexpired portion of the terminal leave. The Armed Forces Leave Act of 1946 authorized lump- sum leave payments of unused accumulated and cur- rent accrued leave. Generally, thereafter, members of the uniformed services were not placed on terminal leave, but were separated and paid a lump-sum leave payment. However, in certain instances a member may be placed on terminal leave. Such a case was considered recently by the Comptroller General of the United States (see B–157500, Oct. 13, 1965, 45 Comp. Gen. 180. In view of the foregoing, it is concluded that subsection (a) of former 5 U.S.C. 61a–1 had prospective effect and should have been reenacted in title 5, U.S.C., by Public Law 89–554. In section 5534a, the words ‘‘A member of a uniformed service who has performed active service’’ are sub- stituted for ‘‘Any person, who, shall have performed ac- tive service in the Armed Forces’’ to conform to the style of title 5 and the definition of ‘‘uniformed serv- ices’’ in 5 U.S.C. 2101 which is coextensive with the defi- nition of ‘‘armed forces’’ in subsection (f) of former 5 U.S.C. 61a–1. Reorganization Plan No. 2 of 1965 (79 Stat. 1318), effective July 13, 1965, consolidated the Coast and Geodetic Survey and the Weather Bureau to form a new agency in the Department of Commerce to be known as the Environmental Science Services Administration. The words ‘‘subsequent to May 1, 1940’’ are omitted as executed. The word ‘‘territories’’ is substituted for ‘‘Territories’’ inasmuch as there now are no incor- porated territories. The words ‘‘(including any corpora- tion created under authority of an act of Congress which is either wholly controlled or wholly owned by the Government of the United States, or any depart- ment, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress)’’ are omitted as included in ‘‘a civilian of- fice or position in the Government of the United States’’. The word ‘‘pay’’ is substituted for ‘‘compensa- tion.’’ Editorial Notes AMENDMENTS 2006—Pub. L. 109–364 inserted at end ‘‘Such a member also is entitled to accrue annual leave with pay in the manner specified in section 6303(a) of this title for a re- tired member of a uniformed service.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Sept. 6, 1966, for all purposes, see section 9(h) of Pub. L. 90–83, set out as an Effective Date of 1967 Amendment note under section 5102 of this title. § 5535. Extra pay for details prohibited (a) An officer may not receive pay in addition to the pay for his regular office for performing the duties of a vacant office as authorized by sections 3345–3347 of this title. (b) An employee may not receive— (1) additional pay or allowances for per- forming the duties of another employee; or (2) pay in addition to the regular pay re- ceived for employment held before his ap- pointment or designation as acting for or in- stead of an occupant of another position or employment. This subsection does not prevent a regular and permanent appointment by promotion from a lower to a higher grade of employment. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 484.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 9. R.S. § 182. (b) ............. 5 U.S.C. 69 (1st 34 words). R.S. § 1764 (1st 34 words). 5 U.S.C. 72. Aug. 1, 1914, ch. 223, § 12, 38 Stat. 680.