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89th Congress Part II (PL 89-554) |
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Unless specified in the statute, legislation is effective upon enactment. |
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PL 89-554 Government Organization and Employees (enacted 9/6/66) |
Title 5 - Government Organization and Employees Awards to Former Employees Section 4505 provides an agency may pay or grant an award under this Chapter notwithstanding the death or separation from the service of the employee concerned, if the suggestion, invention, superior accomplishment, other personal effort, or special act or service in the public interest for which the award is proposed was made or performed while the employee was in the employ of the Government. Regulations Section 4506 states the Civil Service Commission may prescribe regulations and instructions under which the agency awards program set forth by this Chapter shall be carried out. Subpart D - Pay and Allowances Chapter 51 - Classification Purpose Section 5101(1) provides it is the purpose of this Chapter to provide a plan for classification of positions whereby in determining the rate of basic pay which an employee will receive: (A) the principle of equal pay for substantially equal work will be followed; and (B) variations in rates of basic pay paid to different employees will be in proportion to substantial differences in the difficulty, responsibility, and qualification requirements of the work performed and to the contributions of employees to efficiency and economy in the service. Section 5101(2) provides it is the purpose of this Chapter to provide a plan for classification of positions whereby individual positions will, in accordance with their duties, responsibilities, and qualification requirements, be so grouped and identified by classes and grades, as defined by Section 5102 of this Title, and the various classes will be so described in published standards, as provided by Section 5105 of this Title, that the resulting position-classification system can be used in all phases of personnel administration. Definitions; Application Section 5102(a)(1) provides for the purpose of this Chapter “agency” means: (A) an Executive agency; (B) the Administrative Office of the U.S. Courts; (C) the Library of Congress; (D) the Botanic Garden; (E) the Government Printing Office; (F) the Office of the Architect of the Capitol; and (G) the government of the District of Columbia; but does not include: (i) a Government controlled corporation; (ii) the Tennessee Valley Authority; (iii) the Alaska Railroad; (iv) the Virgin Islands Corporation; (v) the Atomic Energy Commission; (vi) the Central Intelligence Agency; (vii) the Panama Canal Company; or (viii) the National Security Agency, DoD. Section 5102(a)(2) states for the purpose of this Chapter “employee” means an individual employed in or under an agency. Section 5102(a)(3) provides for the purpose of this Chapter “position” means the work, consisting of the duties and responsibilities, assignable to an employee. Section 5102(a)(4) states for the purpose of this Chapter “class” or “class of positions” includes all positions which are sufficiently similar, as to: (A) kind or subject-matter of work; (B) level of difficulty and responsibility; and (C) the qualification requirements of the work; to warrant similar treatment in personnel and pay administration. Section 5102(a)(5) provides for the purpose of this Chapter “grade” includes all classes of positions which, although different with respect to kind or subject-matter of work, are suf ficiently equivalent as to: (A) level of difficulty and responsibility; and (B) level of qualification requirements of the work; to warrant their inclusion within one range of rates of basic pay in the General Schedule. Section 5102(b) states except as provided by subsections (c) and (d) of this Section, this Chapter applies to all civilian positions and employees in or under an agency. Section 5102(c)(11) provides this Chapter does not apply to aliens or non-citizens of the U.S. who occupy positions outside the U.S. Section 5102(c)(12) states this Chapter does not apply to (A) employees of an agency who are stationed in the Canal Zone; and (B) on approval by the Civil Service Commission of the request of an agency which has employees stationed in both the Republic of Panama and the Canal Zone, employees of the agency who are stationed in the Republic of Panama. Section 5102(c)(13) provides this Chapter does not apply to employees who serve without pay or at nominal rates of pay. Section 5102(c)(15) provides this Chapter does not apply to employees whose pay is fixed under a cooperative agreement between the U.S. and: (A) a State or territory or possession of the U.S., or political subdivision thereof; or (B) an individual or organization outside the service of the Government of the U.S. Section 5102(c)(17) provides this Chapter does not apply to inmates, patients, or beneficiaries receiving care or treatment or living in Government agencies or institutions. Section 5102(c)(18) states this Chapter does not apply to experts or consultants, when employed temporarily or intermittently in accordance with Section 3109 of this Title. Section 5102(c)(19) provides this Chapter does not apply to emergency or seasonal employees whose employment is of uncertain or purely temporary duration, or who are employed for brief periods at intervals. Section 5102(c)(20) states this Chapter does not apply to employees employed on a fee, contract, or piece work basis. Section 5102(c)(21) provides this Chapter does not apply to employees who may lawfully perform their duties concurrently with their private profession, business, or other employment, and whose duties require only a portion of their time, when it is impracticable to ascertain or anticipate the proportion of time devoted to the service of the Government of the U.S. Section 5102(c)(25) provides this Chapter does not apply to positions for which rates of basic pay are individually fixed, or expressly authorized to be fixed, by other statute, at or in excess of the maximum rate for GS-18. Determination of Applicability Section 5103 provides the Civil Service Commission shall determine finally the applicability of Section 5102 of this Title to specific positions and employees, except for positions and employees in the Office of the Architect of the Capitol. Basis for Grading Positions Section 5104 states the General Schedule, the symbol for which is “GS”, is the basic pay schedule for positions to which this Chapter applies. The General Schedule is divided into 18 grades of difficulty and responsibility of work. Standards for Classification of Positions Section 5105(a) provides the Civil Service Commission, after consulting the agencies, shall prepare standards for placing positions in their proper classes and grades. The Commission may make such inquiries or investiga tions of the duties, responsibilities, and qualification requirements of positions as it considers necessary for this purpose. The agencies, on request of the Commission, shall furnish information for and cooperate in the preparation of the standards. In the standards, which shall be published in such form as the Commission may determine, the Commission shall: (1) define the various classes of positions in terms of duties, responsibilities, and qualification requirements; (2) establish the official class titles; and (3) set forth the grades in which the classes have been placed by the Commission. Section 5105(b) states the Commission, after consulting the agencies to the extent considered necessary, shall revise, supplement, or abolish existing standards, or prepare new standards, so that, as nearly as may be practicable, positions existing at any given time will be covered by current published standards. Section 5105(c) provides the official class titles established under subsection (a)(2) of this Section shall be used for personnel, budget, and fiscal purposes. H owever, this requirement does not prevent the use of organizational or other titles for internal administration, public convenience, law enforcement, or similar purposes. Basis for Classifying Positions Section 5106(a) states each position shall be placed in its appropriate class. The basis for determining the appropriate class is the duties and responsibilities of the position and the qualifications required by the duties and responsibilities. Section 5106(b) provides each class shall be placed in its appropriate grade. The basis for determining the appropriate grade is the level of difficulty, respon sibility, and qualification requirements of the work of the class. Section 5106(c) states appropriated funds may not be used to pay an employee who places a supervisory position in a class and grade solely on the basis of the size of the organization unit or the number of subordinates supervised. These factors may be given effect only to the extent warranted by the work load of the organization unit and then only in combination with other factors, such as the kind, difficulty, and complexity of work supervised, the degree and scope of responsibility delegated to the supervisor, and the kind, degree, and character of the supervision exercised. Classification of Positions Section 5107 provides except as otherwise provided by this Chapter, each agency shall place each position under its jurisdiction in its appropriate class and grade in conformance with standards published by the Civil Service Commission or, if no published standards apply directly, consistently with published standards. When facts warrant, an agency may change a position which it has placed in a class or grade under this Section from that class or grade to another class or grade. Subject to Section 5337 of this Title, these actions of an agency are the basis for pay and personnel transactions until changed by certificate of the Commission. Classification of Positions at GS-16, 17, and 18 Section 5108(a) states a majority of the Civil Service Commissioners may establish, and from time to time revise, the maximum numbers of positions (not to exceed an aggregate of 2,400, in addition to any professional engineering positions primarily concerned with research and development and professional positions in the physical and natural sciences and medicine which may be placed in these grades, and in addition to 240 hearing examiner positions under Section 3105 of this Title which may be placed in GS-16 and nine such positions which may be placed in GS-17) which may be placed in GS-16, 17, and 18 at any one time. However, under this authority: (1) not to exceed 25% of the aggregate number may be placed in GS-17 and not to exceed 12% of the aggregate number may be placed in GS-18; (2) 50 of the positions are available only for allocation, with the approval of the President, for an agency or function created after 10/4/61; (3) 14 of the positions are available only for allocation to the U.S. Arms Control and Disarmament Agency; (4) six of the positions are available only for allocation to the Immigration and Naturalization Service, Department of Justice; and (5) four of the positions are available only for allocation to the Federal Home Loan Bank Board. A position may be placed in GS-16, 17, or 18 only by action of, or after prior approval by, a majority of the Civil Service Commissioners. Section 5108(d) provides when a general appropriation statute authorizes an agency to place additional positions in GS-16, 17, and 18, the total number of positions authorized to be placed in these grades by this Section (except subsection (c)(8) and (9)) is reduced by the number of positions authorized by the appropriation statute, unless otherwise specifically provided. The reduction is made in the following order: first, from any number specifically authorized for the agency by this Section (except subsection (c)(8) and (9)); and second, from the maximum number of positions authorized by subsection (a) of this Section irrespective of the agency to which the positions are allocated. Review of Classification of Positions Section 5110(a) states the Civil Service Commission, from time to time, shall review such number of positions in each agency as will enable the Commission to determine whether the agency is placing positions in classes and grades in conformance with or consistently with published standards. Section 5110(b) provides when the Commission finds under subsection (a) of this Section that a position is not placed in its proper class and grade in conform ance with published standards or that a position for which there is no published standard is not placed in the class and grade consistently with published standards, it shall, after consultation with appropriate officials of the agency concerned, place the position in its appropriate class and grade and shall certify this action to the agency. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials. Revocation and Restoration of Authority to Classify Positions Section 5111(a) states when the Civil Service Commission finds that an agency is not placing positions in classes and grades in conformance with or consistently with published standards, it may revoke or suspend the authority granted to the agency by Section 5107 of this Title and require that prior approval of the Commission be secured before an action placing a position in a class and grade becomes effective for payroll and other personnel purposes. The Commission may limit the revocation or suspension to: (1) the departmental or field service, or any part thereof; (2) a geographic area; (3) an organization unit or group of organization units; (4) certain types of classification actions; (5) classes in particular occupational groups or grades; or (6) classes for which standards have not been published. Section 5111(b) provides after revocation or suspension, the Commission may restore the authority to the extent that it is satisfied that later actions placing positions in classes and grades will be in conformance with or consistent with published standards. General Authority of the Civil Service Commission Section 5112(a) states notwithstanding Section 5107 of this Title, the Civil Service Commission may: (1) ascertain currently the facts as to the duties, responsibili ties, and qualification requirements of a position; (2) place in an appropriate class and grade a newly created position or a position coming initially under this Chapter; (3) decide whether a position is in its appropriate class and grade; and (4) change a position from one class or grade to another class or grade when the facts warrant. The Commission shall certify to the agency concerned its action under paragraph (2) or (4) of this subsection. The agency shall act in accordance with the certificate, and the certificate is binding on all administrative, certifying, payroll, disbursing, and accounting officials. Section 5112(b) provides an employee affected or an agency may request at any time that the Commission exercise the authority granted to it by subsection (a) of this Section and the Commission shall act on the request. Classification Records Section 5113 states the Civil Service Commission may: (1) prescribe the form in which each agency shall record the duties and responsibilities of positions and the places where these records shall be maintained; (2) examine these or other pertinent records of the agency; and (3) interview employees of the agency who have knowledge of the duties and responsibilities of positions and information as to the reasons for placing a position in a class or grade. Reports; Positions in GS-16, 17, and 18 Section 5114(a) provides the Civil Service Commission, with respect to positions under Section 5108(a) of this Title, the head of the agency concerned, with respect to positions under Sections 5108 (b), (c) and 5109(b) of this T itle, and the appropriate authority, with respect to positions under jurisdiction of the authority which are allocated to or placed in GS-16, 17, and 18, including positions so allocated or placed on a temporary or present incumbency basis, under reorganization plan or statute, except Sections 5108 and 5109 of this Title, shall submit, so long as the reorganization plan or statute remains in effect, to Congress, not later than 2/1 of each year, a report setting forth: (1) the total number of positions allocated to or placed in all these grades during the immediately preceding calendar year, the total number of positions allocated to or placed in each of these grades during the immediately preceding calendar year, and the total number of these positions in existence during the immediately preceding calendar year and the grades to or in which the total number of positions in existence are allocated or placed; (2) the name, rate of pay, and description of the qualifications of the incumbent of each of these positions, together with the position title and a statement of the duties and responsibilities performed by the incumbent; (3) the position or positions in or outside the Government of the U.S. held by each of these incumbents, and his or her rate or rates of pay, during the five-year period immediately preceding the date of his or her appointment to the position; and (4) such other information as the Commission, the head of the agency, or other appropriate authority submitting the report may consider appropriate or as may be required by Congress or a committee thereof. This subsection does not require the resubmission of information required by paragraphs (2) and (3) of this subsection which has been reported under this subsection and which remains unchanged. Section 5114(b) states when the Commission, the head of the agency, or other appropriate authority considers full public disclosure of any or all of the items specified by subsection (a) of this Section to be detrimental to the national security, the Commission, the head of the agency, or authority may: (1) omit from the annual report those items with respect to which full public disclosure is found to be detrimental to the national security; (2) inform Congress of the omission; and (3) at the request of the Congressional committee to which the report is referred, present all information concerning those items. Regulations Section 5115 provides the Civil Service Commission may prescribe regulations necessary for the administration of this Chapter, except Sections 5109 and 5114. Chapter 53 - Pay Rates and Systems Subchapter I - Pay Comparability System Policy Section 5301 states it is the policy of Congress that Federal pay fixing be based on the principles that: (1) there be equal pay for substantially equal work, and pay distinctions be maintained in keeping with work and performance distinctions; and (2) Federal pay rates be comparable with private enterprise pay rates for the same levels of work. Pay levels for the several Federal statutory pay systems shall be interrelated, and pay levels shall be set and adjusted in accordance with these principles. Annual Reports on Pay Comparability Section 5302 provides in order to carry out the policy stated by Section 5301 of this Title, the President shall: (1) direct such agency as he considers appropriate, to prepare and submit to him annually a report which compares the rates of pay fixed by statute for employees with the rates of pay paid for the same levels of work in private enterprise as determined on the basis of appropriate annual surveys conducted by the Bureau of Labor Statistics; and (2) after seeking the views of such employee organizations as he considers appropriate and in such manner as he may provide, report annually to Congress: (A) this comparison of Federal and private enterprise pay rates; and (B) such recommendations for revision of statutory pay schedules, pay structures, and pay policy, as he considers advisable. Higher Minimum Rates; Presidential Authority Section 5303(a) states when the President finds that the pay rates in private enterprise for one or more occupations in one or more areas or locations are so substantially above the pay rates of statutory pay schedules as to handicap significantly the Government's recruitment or retention of well-qualified individuals in positions paid under: (1) Section 5332 of this Title; (2) the provisions of Part III of Title 39 relating to employees in the postal field service; (3) the pay scales for physicians, dentists, and nurses in the Department of Medicine and Surgery, Veterans' Administration, under Chapter 73 of Title 38; or (4) Sections 867 and 870 of Title 22; he may establish for the areas or locations higher minimum rates of basic pay for one or more grades or levels, occupational groups, series, classes, or subdivisions thereof, and may make corresponding increases in all step rates of the pay range for each such grade or level. However, a minimum rate so established may not exceed the seventh pay rate prescribed by statute for the grade or level. The President may authorize the exercise of the authority conferred on him by this Section by the Civil Service Commission or, in the case of individuals not subject to the provisions of this Title governing appointment in the competitive service, by such other agency as he may designate. Section 5303(b) provides within the limitations of subsection (a) of this Section, rates of basic pay established under that subsection may be revised from time to time by the President or by such agency as he may designate. The actions and revisions have the force and effect of statute. Section 5303(c) states an increase in rate of basic pay established under this Section is not an equivalent increase in pay within the meaning of Section 5335 (a) of this Title and Section 3552 of Title 39. Section 5303(d) provides the rate of basic pay, established under this Section, and received by an individual immediately before the effective date of a statutory increase in the pay schedules of the pay systems specified in subsection (a) of this Section shall be initially adjusted on the effective date of the new pay schedules under conversion regulations prescribed by the President or by such agency as he may designate. Presidential Policies and Regulations Section 5304 states the functions, duties, and regulations of the agencies and the Civil Service Commission with respect to this subchapter, subchapter III of this Chapter, Chapter 51 of this Title, the provisions of Part III of Title 39 relating to employees in the postal field service, Chapter 14 of Title 22, and the provisions of Chapter 73 of Title 38 relating to employees in the Department of Medicine and Surgery, Veterans' Administration, are subject to such policies and regulations as the President may prescribe. Among other things, the policies and regulations of the President may provide for: (1) preparing and reporting to him the annual comparison of Federal pay rates with private enterprise rates; (2) obtaining and reporting to him the views of employee organizations on the annual comparison, and on other pay matters; (3) reviewing and reporting to him on the adequacy of the Federal statutory pay structures for the Federal programs to which they apply; (4) reviewing the relationship of Federal statutory pay rates and private enterprise pay rates in specific occupation and local areas; and (5) providing step-increases in recognition of high quality performance and providing for properly relating supervisory pay rates paid under one system to those of subordinates paid under another system. Subchapter II - Executive Schedule Pay Rates The Executive Schedule Section 5311 provides the Executive Schedule, which is divided into five pay levels, is the basic pay schedule for positions to which this subchapter applies. Positions at Level I Section 5312 states the Sec. of HEW shall be paid at Level I of the Executive Schedule, which is the annual rate of basic pay of $35,000 . Positions at Level III Section 5314 provides the Under Sec. of HEW shall be paid at Level III of the Executive Schedule, which is the annual rate of basic pay of $28,500. Positions at Level IV Section 5315 states the Assistant Secretaries of HEW, and the General Counsel of the Dept. of HEW shall be paid at Level IV of the Executive Schedule, which is the annual rate of basic pay of $27,000. Positions at Level V Section 5316 provides the Assistant Secretary of HEW for Administration, the COSS of the Dept. of HEW shall be paid at Level V of the Executive Schedule, which is the annual rate of basic pay of $26,000. Presidential Authority to Place Position at Level IV and V. Section 5317 states in addition to the positions listed in Sections 5315 and 5318 of this Title, the President, from time to time, may place in Levels IV and V of the Executive Schedule positions held by not to exceed 30 individuals when he considers that action necessary to reflect changes in organization, management responsibilities, or workload in an Executive agency. Such an action with respect to a position to which appointment is made by the President by and with the advice and consent of the Senate is effective only at the time of a new appointment to the position. Notice of each action taken under this Section shall be published in the Federal Register, except when the President determines that the publication would be contrary to the interest of national security. The President may not take action under this Section with respect to a position the pay for which is fixed at a specific rate by this subchapter or by statute enacted after 8/14/64. Subchapter III - General Schedule Pay Rates Definitions; Application Section 5331 provides (a) for the purpose of this subchapter, “agency”, “employee”, “position”, “class”, and “grade” have the meanings given them by Section 5102 of this Title; and (b) this subchapter applies to employees and positions to which Chapter 51 of this Title applies. The General Schedule Section 5332(a) states the General Schedule, the symbol for which is "GS", is the basic pay schedule for positions to which this subchapter applies. Each employee to whom this subchapter applies is entitled to basic pay in accordance with the General Schedule. Section 5332(b) provides when payment is made on the basis of an hourly, daily, weekly, or biweekly rate, the rate is computed from the appropriate annual rate of basic pay named by subsection (a) of this section in accordance with the rules prescribed by Section 5504(b) of this Title. Minimum Rate for New Appointments Higher Rates for Supervisors of Wage-Board Employee Section 5333(a) states new appointments shall be made at the minimum rate of the appropriate grade. However, under regulations prescribed by the Civil Service Commission which provide for such considerations as the existing pay or unusually high or unique qualifications of the candidate, or a special need of the Government for his or her services, the head of an agency may appoint, with the approval of the Commission in each specific case, an individual to a position in GS-13 or above at such a rate above the minimum rate of the appropriate grade as the Commission may authorize for this purpose. The approval of the Commission in each specific case is not required with respect to an appointment made by the Librarian of Congress. Section 5333(b) provides under regulations prescribed by the Civil Service Commission, an employee in a position to which this subchapter applies, who regularly has responsibility for supervision (including supervision over the technical aspects of the work concerned) over employees whose pay is fixed and adjusted from time to time by wage boards or similar administrative authority as nearly as is consistent with the public interest in accordance with prevailing rates, may be paid at one of the rates for his or her grade which is above the highest rate of basic pay being paid to any such prevailing-rate employee regularly supervised, or at the maximum rate for his grade, as provided by the regulations. Rate on Change of Position or Type of Appointment; Regulations Section 5334(a) states the rate of basic pay to which an employee is entitled is governed by regulations prescribed by the Civil Service Commission in conformity with this subchapter and Chapter 51 of this Title when: (1) he or she is transferred from a position in the legislative, judicial, or executive branch to which this subchapter does not apply; (2) he or she is transferred from a position in the legislative, judicial, or executive branch to which this subchapter applies to another such position; (3) he or she is demoted to a position in a lower grade; (4) he or she is reinstated, reappointed, or reemployed in a position to which this subchapter applies following service in any position in the legislative, judicial, or executive branch; (5) his or her type of appointment is changed; (6) his or her employment status is otherwise changed; or (7) his or her position is changed from one grade to another grade. Section 5334(b) provide an employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his or her existing rate of basic pay by not less than two step-increases of the grade from which he or she is promoted or transferred. If, in the ease of an employee so promoted or transferred who is receiving basic pay at a rate in excess of the maximum rate of his or her grade, there is no rate in the higher grade which is at least two step-increases above his existing rate of basic pay, he or she is entitled to: (1) the maximum rate of the higher grade; or (2) his or her existing rate of basic pay, if that rate is the higher. If an employee so promoted or transferred is receiving basic pay at a rate saved to him or her under Section 5337 of this Title on reduction in grade, he or she is entitled to: (A) basic pay at a rate two steps above the rate which he or she would be receiving if Section 5337 of this Title were not applicable to him or her; or (B) his or her existing rate of basic pay, if that rate is the higher. Section 5337(d) states the Commission may prescribe regulations governing the retention of the rate of basic pay of an employee who together with his or her position is brought under this subchapter and Chapter 51 of this Title. If an employee so entitled to a retained rate under these regulations is later demoted to a position under this subchapter and Chapter 51 of this Title, his or her rate of basic pay is determined under Section 5387 of this Title. However, for the purpose of Section 5337 of this title, service in the position which was brought under this subchapter and Chapter 51 of this Title is deemed service under this subchapter and Chapter 51 of this Title. Section 5337(e) provides the rate of pay established for a teaching position as defined by Section 901 of Title 20 held by an individual who becomes subject to subsection (a) of this Section is deemed increased by 20% to determine the yearly rate of pay of the position. Periodic Step-Increases Section 5335(a) states an employee paid on an annual basis, and occupying a permanent position within the scope of the General Schedule, who has not reached the maximum rate of pay for the grade in which his or her position is placed, shall be advanced in pay successively to the next higher rate within the grade at the beginning of the next pay period following the completion of: (1) each 52 calendar weeks of service in pay rates 1, 2, and 3; (2) each 104 calendar weeks of service in pay rates 4, 5, and 6; or (3) each 156 calendar weeks of service in pay rates 7, 8, and 9; subject to the following conditions: (A) the employee did not receive an equivalent increase in pay from any cause during that period; and (B) the work of the employee, except a hearing examiner appointed under Section 3105 of this Title, is of an acceptable level of competence as determined by the head of the agency. Section 5335(b) provides under regulations prescribed by the Civil Service Commission, the benefit of successive step-increases shall be preserved for employees whose continuous service is interrupted in the public interest by service with the armed forces or by service in essential non-Government civilian employment during a period of war or national emergency. Section 5335(c) states an increase in pay granted by statute is not an equivalent increase in pay within the meaning of subsection (a) of this Section. Section 5335(d) provides this Section does not apply to the pay of an individual appointed by the President, by and with the advice and consent of the Senate. Additional Step-Increases Section 5336(a) states within the limit of available appropriations and under regulations prescribed by the Civil Service Commission, the head of each agency may grant additional step-increases in recognition of high quality performance above that ordinarily found in the type of position concerned. However, an employee is eligible under this Section for only one additional step-increase within any 52-week period. Section 5336(b) provides a step-increase under this Section is in addition to those under Section 5335 of this Title and is not an equivalent increase in pay within the meaning of Section 5335(a) of this Title. Section 5336(c) states this Section does not apply to the pay of an individual appointed by the President, by and with the advice and consent of the Senate. Pay Saving Section 5337(a) provides subject to the limitation in subsection (b) of this Section, an employee: (1) who is reduced in grade from a grade of the General Schedule; (2) who holds a career or career-conditional appointment in the competitive service, or an appointment of equivalent tenure in the excepted service or in the government of the District of Columbia; (3) whose reduction in grade is not (A) caused by a demotion for personal cause, (B) at his or her request, (C) effected in a reduction in force due to lack of funds or curtailment of work, or (D) with respect to a temporary promotion occurring after 9/20/61, a condition of the temporary promotion to a higher grade; (4) who, for two continuous years immediately before the reduction in grade, served (A) in the same agency and (B) in a grade or grades higher than the grade to which demoted; and (5) whose work performance during the two-year period is satisfactory or better; is entitled to basic pay at the rate to which he or she was entitled immediately before the reduction in grade (including each increase in rate of basic pay provided by statute) for a period of two years from the effective date of the reduction in grade, so long as he or she: (A) continues in the same agency without a break in service of one workday or more; (B) is not entitled to a higher rate of basic pay by operation of this subchapter or Chapter 51 of this Title; and (C) is not demoted or reassigned (i) for personal cause, (ii) at his or her request, or (iii) in a reduction in force due to lack of funds or curtailment of work. Section 5337(b) states the rate of basic pay to which an employee is entitled under subsection (a) of this Section with respect to each reduction in grade to which this Section applies may not exceed the sum of: (1) the minimum rate of the grade to which he is reduced under each reduction in grade to which this Section applies (including each increase in rate of basic pay provided by statute); and (2) the difference between his rate immediately before the first reduction in grade to which this Section applies (including each increase in rate of basic pay provided by statute) and the minimum rate of that grade which is three grades lower than the grade from which he was reduced under the first of the reductions in grade (including each increase in the rate of basic pay provided by statute). Regulations Section 5338 provides the Civil Service Commission may prescribe regulations necessary for the administration of this subchapter. Subchapter IV - Prevailing Rate Systems Trades and Crafts Section 5341(a) states the pay of employees excepted from Chapter 51 of this Title by Section 5102(c)(7) of this Title shall be fixed and adjusted from time to time as nearly as is consistent with public interest in accordance with prevailing rates. Section 5341(b) provides when the Civil Service Commission concurs in finding by the employing agency that in a given area the number of employees to whom this Section applies is so few as to make prevailing rated determinations impracticable, these employees are subject to the provisions of subchapter III of this Chapter and Chapter 51 of this Title which are applicable to positions of equivalent difficulty or responsibility. Effective Date of Pay Increase Section 5343 states each increase in rates of basic pay granted, pursuant to a wage survey, to employees whose pay is fixed and adjusted under Section 5341 of this title is effective, as follows: (1) if the wage survey is made by an agency, either alone or with another agency, with respect to its own employees, the increase is effective for its employees not later than the first day of the first pay period which begins after the 44th day, excluding Saturdays and Sundays, following the date on which the wage survey was ordered to be made; (2) if the wage survey is made by an agency, either alone or with another agency, and is used by an agency which did not participate in making the survey, the increase is effective for the employees of the agency which did not participate in the survey not later than the first day of the first pay period which begins after the 19th day, excluding Saturdays and Sundays, following the date on which the agency which did not participate receives the data collected in the survey necessary for the granting of the increase. Retroactive Pay Section 5344(a) provides retroactive pay is payable by reason of an increase in rates of basic pay referred to in Section 5343 of this Title only when: (1) the individual is in the service of the U.S., in cluding service in the armed forces, or the government of the District of Columbia on the date of the issuance of the order granting the increase; or (2) the individual retired or died during the period beginning on the effective date of the increase and ending on the date of issuance of the order granting the increase, and only for services performed during that period. Section 5344(b) states for the purpose of this Section, service in the armed forces includes the period provided by statute for the mandatory restoration of the individual to a position in or under the Government of the U.S. or the government of the District of Columbia after he or she is relieved from training and service in the armed forces or discharged from hospitalization following that training and service. Subchapter V - Student-Employees Definitions Section 5351 provides for the purpose of this subchapter: (1) “agency” means an Executive agency, a military department, and the government of the District of Columbia; and (2) “student-employee” means: (A) a student nurse, medical or dental intern, resident-in- training, student dietitian, student physical therapist, and student occupational therapist, assigned or attached to a hospital, clinic, or medical or dental laboratory operated by an agency; and (B) any other student-employee, assigned or attached primarily for training purposes to a hospital, clinic, or medical or dental laboratory operated by an agency, who is designated by the head of the agency with the approval of the Civil Service Commission. Stipends Section 5352 states the head of each agency shall fix the stipends of his or her student-employees. The stipend may not exceed the applicable maximum prescribed by the Civil Service Commission. Quarters, Subsistence, and Laundry Section 5353 provides an agency may provide living quarters, subsistence, and laundering to student-employees while at the hospitals, clinics, or laboratories. The reasonable value of the accommodations, when furnished, shall be deducted from the stipend of the student-employee. The head of the agency concerned shall fix the reasonable value of the accommodations at an amount not less than the lowest deduction applicable to regular employees at the same hospital, clinic, or laboratory for similar accommodations. Effect of Detail or Affiliation; Travel Expenses Section 5354(a) states status as a student-employee is not terminated by a temporary detail to or affiliation with another Government or non-Government institution to procure necessary supplementary training or experience pursuant to an order of the head of the agency. A student-employee may receive his stipend and other perquisites provided under this subchapter from the hospital, clinic, or laboratory to which he or she is assigned or attached for not more than 60 days of a detail or affiliation for each training year, as defined by the head of the agency. Section 5354(b) provides when the detail or affiliation under subsection (a) of this Section is to or with another Federal institution, the student-employee is entitled to necessary expenses of travel to and from the institution in accordance with subchapter I of Chapter 57 of this Title. Appropriations Section 5356 states funds appropriated to an agency for expenses of its hospitals, clinics, and laboratories to which student-employees are assigned or attached are available to carry out the provisions of this subchapter. Subchapter VI - Miscellaneous Provisions Scientific and Professional Positions Section 5361 provides subject to the approval of the Civil Service Commission, the head of the agency concerned shall fix the annual rate of basic pay for scientific and professional positions established under Section 3104 of this Title at not less than the minimum rate for GS-16 nor more than the maximum rate for GS-18. Hearing Examiners Section 5362 states hearing examiners appointed under Section 3105 of this Title are entitled to pay prescribed by the Civil Service Commission independently of agency recommendations or ratings and in accordance with subchapter III of this Chapter and Chapter 51 of this Title. Limitation on Pay fixed by Administrative Action Section 5363 provides except as provided by the Government Employees Salary Reform Act of 1964 and notwithstanding the provisions of other statutes, the head of an Executive agency or military department who is authorized to fix by administrative action the annual rate of basic pay for a position or employee may not fix the rate at more than the maximum rate for GS-18. This Section does not impair the authorities provided by: (1) Section 121 of Title 2, Canal Zone Code; (2) Sections 248, 481, and 1819 of Title 12; (3) Section 831b of Title 16; or (4) Sections 403a-403c, 403e-403h, and 403j of Title 50. Miscellaneous Positions in the Executive Branch Section 5364 states the head of the agency concerned shall fix the annual rate of basic pay for each position in the executive branch specifically referred to in, or covered by, a conforming change in statute made by Section 305 of the Government Employees Salary Reform Act of 1964, or other position in the executive branch for which the annual pay is fixed at a rate of $18,500 or more under special provision of statute enacted before 8/14/64, which is not placed in a level of the Executive Schedule set forth in subchapter II of this Chapter, at a rate equal to the pay rate of a grade and step of the General Schedule set forth in Section 5332 of this Title. The head of the agency concerned shall report each action taken under this Section to the Civil Service Commission and publish a notice thereof in the Federal Register, except when the President determines that the report and publication would be contrary to the interest of national security. Chapter 55 - Pay Administration Subchapter I - General Provisions Disposition of Money Accruing from Lapsed Salaries or Unused Appropriations for Salaries Section 5501 provides money accruing from lapsed salaries or from unused appropriations for salaries shall be covered into the Treasury of the U.S. An individual who violates this Section shall be removed from the service. Unauthorized Office; Prohibition on Use of Funds Section 5502(a) states payment for services may not be made from the Treasury of the U.S. to an individual acting or assuming to act as an officer in the civil service or uniformed services in an office which is not authorized by existing law, unless the office is later sanctioned by law. Section 5502(b) provides except as otherwise provided by statute, public money and appropriations may not be used for pay or allowance for an individual employed by an official of the U.S. retired from active service. Recess Appointments Section 5503(a) provides payment for services may not be made from the Treasury of the U.S. to an individual appointed during a recess of the Senate to fill a vacancy in an existing office, if the vacancy existed while the Senate was in session and was by law required to be filled by and with the advice and consent of the Senate, until the appointee has been confirmed by the Senate. This subsection does not apply: (1) if the vacancy arose within 30 days before the end of the session of the Senate; (2) if, at the end of the session, a nomination for the office, other than the nomination of an individual appointed during the preceding recess of the Senate, was pending before the Senate for its advice and consent; or (3) if a nomination for the office was rejected by the Senate within 30 days before the end of the session and an individual other than the one whose nomination was rejected thereafter receives a recess appointment. Section 5503(b) states a nomination to fill a vacancy referred to by paragraph (1), (2), or (3) of subsection (a) of this Section shall be submitted to the Senate not later than 40 days after the beginning of the next session of the Senate. Biweekly Pay Periods; Computation of Pay Section 5504(a) provides the pay period for an employee covers two administrative workweeks. For the purpose of this subsection, “employee” means: (1) an employee in or under an Executive agency; ( 2) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under Section 6101(c) of this Title; and (3) an individual employed by the government of the District of Columbia; but does not include: (A) an employee on the Isthmus of Panama in the service of the Canal Zone Government or the Panama Canal Company; or (B) an employee or individual excluded from the definition of employee in Section 5541(2) of this Title. Section 5504(b) provides for pay computation purposes affecting an employee, the annual rate of basic pay established by or under statute is deemed payment for employment during 52 basic administrative workweeks of 40 hours. When it is necessary for computation of pay under this subsection to convert an annual rate of basic pay to a basic hourly, daily, weekly, or biweekly rate, the following rules govern: (1) to derive an hourly rate, divide the annual rate by 2,080; (2) to derive a daily rate, multiply the hourly rate by the number of daily hours of service required; (3) to derive a weekly or biweekly rate, multiply the hourly rate by 40 or 80, as the case may be. Rates are computed to the nearest cent, counting one-half and over as a whole cent. For the purpose of this subsection, “employee” means: (A) an employee in or under an Executive agency; (B) an employee in or under the judicial branch; (C) an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under Section 6101(c) of this Title; and (D) an individual employed by the government of the District of Columbia; but does not include an employee or individual excluded from the definition of employee in Section 5541(2) of this Title. Section 5504(c) states the Civil Service Commission may prescribe regulations, subject to the approval of the President, necessary for the administration of this Section insofar as this Section affects employees in or under an Executive agency. Monthly Pay Periods; Computation of Pay Section 5505 provides the pay period for an individual in the service of the U.S. whose pay is monthly or annual covers one calendar month, and the following rules for division of time and computation of pay for services performed govern: (1) a month’s pay is 1/12 of a year’s pay; (2) a day’s pay is 1/30 of a month’s pay; (3) the 31st day of a calendar month is ignored in computing pay, except that one day’s pay is forfeited for one day’s unauthorized absence on the 31st day of a calendar month; (4) for each day of the month elapsing before entering the service, one day’s pay is deducted from the first month’s pay of the individual. This Section does not apply to an employee whose pay is computed under Section 5504(b) of this Title. Computation of Extra Pay Based on Standard or Daylight Saving Time Section 5506 states when an employee as defined by Section 2105 of this Title or an individual employed by the government of the District of Columbia is entitled to extra pay for services performed between or after certain named hours of the day or night, the extra pay is computed on the basis of either standard or daylight saving time, depending on the time observed by law, custom, or practice where the services are performed. Officer Affidavit; Condition to Pay Section 5507 provides an officer required by Section 3332 of this Title to file an affidavit may not be paid until the affidavit has been filed. Officer Entitled to Leave; Effect on Pay Status Section 5508 states an officer in the executive branch and an officer of the government of the District of Columbia to whom subchapter I of Chapter 63 of this Title applies are not entitled to the pay of their offices solely because of their status as officers. Appropriations Section 5509 provides there are authorized to be appropriated sums necessary to carry out the provisions of this Title. Subchapter II - Withholding Pay Withholding Pay; Employees Removed for Cause Section 5511(a) states except as provided by subsection (b) of this Section, the earned pay of an employee removed for cause may not be withheld or confiscated. Section 551(b) provides if an employee indebted to the U.S. is removed for cause, the pay accruing to the employee shall be applied in whole or in part to the satisfaction of any claim or indebtedness due the U.S. Withholding Pay; Individuals in Arrears Section 5512(a) states the pay of an individual in arrears to the U.S. shall be withheld until he or she has accounted for and paid into the Treasury of the U.S. all sums for which he or she is liable. Section 5512(b) provides when pay is withheld under subsection (a) of this Section, the GAO, on request of the individual, his or her agent, or his or her attorney, shall report immediately to the Attorney General the balance due; and the Attorney General, within 60 days, shall order suit to be commenced against the individual and his or her sureties. Withholding Pay; Credit Disallowed or Charge Raised for Payment Section 5513 states when the GAO, on a statement of the account of a disbursing or certifying official of the U.S., disallows credit or raises a charge for a payment to an individual in or under an Executive agency otherwise entitled to pay, the pay of the payee shall be withheld in whole or in part until full reimbursement is made under regulations prescribed by the head of the Executive agency from which the payee is entitled to receive pay. This Section does not repeal or modify existing statutes relating to the collection of the indebtedness of an accountable, certifying, or disbursing official. Installment Deduction for Indebtedness because of Erroneous Payment Section 5514(a) provides when the head of the agency concerned or his or her designee determines that an employee, a member of the armed forces, or a Reserve of the armed forces, is indebted to the U.S. because of an erroneous payment made by the agency to or on behalf of the individual, the amount of the indebtedness may be collected in monthly installments, or at officially established regular pay period intervals, by deduction in reasonable amounts from the current pay account of the individual. The deductions may be made only from basic pay, special pay, incentive pay, retired pay, retainer pay, or, in the case of an individual not entitled to basic pay, other authorized pay. Collection shall be made over a period not greater than the anticipated period of active duty or employment, as the case may be. The amount deducted for any period may not exceed 2/3 of the pay from which the deduction is made, unless the deduction of a greater amount is necessary to make the collection within the period of anticipated active duty or employment. If the individual retires or resigns, or if his employment or period of active duty otherwise ends, before collection of the amount of the indebtedness is completed, deduction shall be made from later payments of any nature due the individual from the agency concerned. Section 5514(b) states the head of each agency shall prescribe regulations, subject to the approval of the Dir. of the Bureau of the Budget, to carry out this Section and Section 581d of Title 31. Regulations prescribed by the Secretaries of the military departments shall be uniform for the military services insofar as practicable. Section 5514(c) provides subsection (a) of this Section does not modify existing statutes which provide for forfeiture of pay or allowances. This Section and S ection 581d of Title 31 do not repeal, modify, or amend Section 4837(d) or 9837(d) of Title 10 or Section 1007(b), (c) of Title 37. Crediting Amount Received for Jury Service in State Courts Section 5515 states an amount received by an employee as defined by Section 2105 of this Title or an individual employed by the government of the District of Columbia for jury service in a State court for a period during which the employee or individual is entitled to leave under Section 6322 of this Title shall be credited against pay payable by the U.S. or the District of Columbia to the employee or individual. Withholding District of Columbia Income Taxes Section 5516(a) provides the Sec. of Treasury, under regulations prescribed by the President, shall enter into an agreement with the Commissioners of the District of Columbia within 120 days of a request for agreement from the Commissioners. The agreement shall provide that the head of each agency of the U.S. shall comply with the requirements of subchapter II of Chapter 15 of Title 47, District of Columbia Code, in the case of employees of the agency who are subject to income taxes imposed by that subchapter and whose regular place of employment is within the District of Columbia. The agreement may not apply to pay for service as a member of the armed forces, or to pay of an employee who is not a resident of the District of Columbia as defined in subchapter II of Chapter 15 of Title 47, District of Columbia Code. For the purpose of this subsection, “employee” has the meaning given it by Section 1551c(z) of Title 47, District of Columbia Code. Section 5516(b) state this Section does not give the consent of the U.S. to the application of a statute which imposes more burdensome requirements on the U.S. than on other employers, or which subjects the U.S. or its employees to a penalty or liability because of this Section. Withholding State Income Taxes Section 5517(a) provides when a State statute: (1) provides for the collection of a tax by imposing on employers generally the duty of withholding sums from the pay of employees and making returns of the sums to the State; and (2) imposes the duty to withhold generally with respect to the pay of employees who are residents of the State; the Sec. of Treasury, under regulations prescribed by the President, shall enter into an agreement with the State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the head of each agency of the U.S. shall comply with the requirements of the State withholding statute in the case of employees of the agency who are subject to the tax and whose regular place of Federal employment is within the State with which the agreement is made. The agreement may not apply to pay for service as a member of the armed forces. Section 5517(b) states this Section does not give the consent of the U.S. to the application of a statute which imposes more burdensome requirements on the U.S. than on other employers, or which subjects the U.S. or its employees to a penalty or liability because of this Section. An agency of the U.S. may not accept pay from a State for services performed in withholding State income taxes from the pay of the employees of the agency. Section 5517(c) provides for the purpose of this Section, “State” means a State or territory or possession of the U.S. Deductions for State Retirement Systems; National Guard Employees Section 5518 states when: (1) a State statute provides for the payment of employee contributions to a State employee retirement system or to a State sponsored plan providing retirement, disability, or death benefits, by withholding sums from the pay of State employees and making returns of the sums withheld to State authorities or to the person or organization designated by State authorities to receive sums withheld for the program; and (2) individuals employed by the Army National Guard and the Air National Guard, except employees of the National Guard Bureau, are eligible for membership in a State employee retirement system or other State sponsored plan; the Sec. of Defense, under regulations prescribed by the President, shall enter into an agreement with the State within 120 days of a request for agreement from the proper State official. The agreement shall provide that the DoD shall comply with the requirements of State statute as to the individuals named by paragraph (2) of this Section who are eligible for membership in the State employee retirement system. The disbursing officials paying these individuals shall withhold and pay to the State employee retirement system or to the person or organization designated by State authorities to receive sums withheld for the program the employee contributions for these individuals. For the purpose of this Section, “State” means a State or territory or possession of the U.S. including the Commonwealth of Puerto Rico. Subchapter III - Advancement, Allotment, and Assignment of Pay Definitions Section 5521 provides for the purpose of this subchapter: (1) “agency” means: (A) an Executive agency; (B) the judicial branch; (C) the Library of Congress; (D) the Government Printing Office; and (E) the government of the District of Columbia; (2) “employee” means an individual employed in or under an agency; (3) “head of each agency”" means: (A) the Dir. of the Administrative Office of the U.S. Courts with respect to the judicial branch; and (B) the Board of Commissioners of the District of Columbia with respect to the government of the District of Columbia; and (4)”U.S.”, when used in a geographical sense, means the several States and the District of Columbia. Advance Payments; Rates; Amounts Recoverable Section 5522(a) states the head of each agency may provide for the advance payment of the pay, allowances, and differentials, or any of them, covering a period of not more than 30 days, to or for the account of each employee of the agency (or, under emergency circumstances and on a reimbursable basis, an employee of another agency) whose evacuation (or that of his or her dependents or immediate family, as the case may be) from a place inside or outside the U.S. is ordered for military or other reasons which create imminent danger to the life or lives of the employee or of his or her dependents or immediate family. Section 5522(b) provides subject to adjustment of the account of an employee under Section 5524 of this Title and other applicable statute, the advance pay ment of pay, allowances, and differentials is at rates currently authorized with respect to the employee on the date the advance payment is made under agency procedures governing advance payments under this subsection. The rates so authorized may not exceed the rates to which the employee was entitled immediately before issuance of the evacuation order. Section 5522(c) states an advance of funds under subsection (a) of this Section is recoverable by the Government of the U.S. or the govern ment of the District of Columbia, as the case may be, from the employee or his or her estate by: (1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the Government of the U.S. or the government of the District of Columbia; and (2) such other method as is provided by law. The head of the agency concerned may waive in whole or in part a right of recovery of an advance of funds under subsection (a) of this Section, if it is shown that the recovery would be against equity and good conscience or against the public interest. Duration of Payments; Rates; Active Service Period Section 5523(a) provides the head of each agency may provide for: (1) the payment of monetary amounts covering a period of not more than 60 days to or for the account of each employee of the agency (or, under emergency circumstances and on a reim bursable basis, an employee of another agency): (A) whose evacuation from a place inside or outside the U.S. is ordered for military or other reasons which create imminent danger to the life of the employee; and (B) who is prevented, by circumstances beyond his or her control and beyond the control of the government of the U.S. or the government of the District of Columbia, or both, as the case may be, from performing the duties of the position which lie held immediately before issuance of the evacuation order; and (2) the termination of payment of the monetary amounts. The President, with respect to the Executive agencies, may extend the 60-day period for not more than 120 additional days if he determines that the extension of the period is in the interest of the U.S. Section 5523(b) states subject to adjustment of the account of an employee under Section 5524 of this Title and other applicable statute, each payment under this Section is at rates of pay, allowances, and differentials, or any of them, currently authorized with respect to the employee on the date payment is made under agency procedures governing payments under this Section. The rates so authorized may not exceed the rates to which the employee was entitled immediately before issuance of the evacuation order. An employee in an Executive agency may be granted such additional allowance payments as the President determines necessary to offset the direct added expenses incident to the evacuation. Section 5523(c) provides each period for which payment of amounts is made under this Section to or for the account of an employee is deemed, for all purposes with respect to the employee, a period of active service, without break in service, performed by the employee in the employment of the Government of the U.S. or the government of the District of Columbia. Review of Accounts Section 5524 states the head of each agency shall provide for: (1) the review of the account of each employee of the agency in receipt of payments under Section 5522 or 5593 of this Title, or both, as the case may be; and (2) the adjustment of the amounts of the payments on the basis of: (A) the rates of pay, allowances, and differentials to which the employee would have been entitled under applicable statute other than this subchapter for the respective periods covered by the payments, if he or she had performed active service under the terms of his or her appointment during each period in the position he or she held immediately before the issuance of the applicable evacuation order; and (B) such additional amounts as the employee is authorized to receive in accordance with a determination of the President under Section 5523(b) of this Title. Allotment and Assignment of Pay Section 5525 provides the head of each agency may establish procedures under which each employee of the agency is permitted to make allotments and assignments of amounts out of his or her pay for such purpose as the head of the agency considers appropriate. Funds Available on Reimbursable Basis Section 5526 states funds available to an agency for payment of pay, allowances, and differentials to or for the accounts of employees of the agency are available on a reimbursable basis for payment of pay, allowances, and differentials to or for the accounts of employees of another agency under this subchapter. Regulations Section 5527(a) provides to the extent practicable in the public interest, the President shall coordinate the policies and procedures of the respective Executive agencies under this subchapter. Section 5527(b) states the President, with respect to the Executive agencies, and the head of the agency concerned, with respect to the appropriate agency outside the executive branch, shall prescribe and issue, or provide for the formulation and issuance of, regulations necessary and appropriate to carry out the provisions, accomplish the purposes, and govern the administration of this subchapter. Section 5527(c) provides the head of each Executive agency may prescribe and issue regulations, not inconsistent with the regulations of the President issued under subsection (b) of this Section, necessary and appropriate to carry out his functions under this subchapter. Subchapter IV - Dual Pay and Dual Employment Definitions Section 5531 states for the purpose of Sections 5532 and 5533 of this Title: (1) “officer” has the meaning given it by Section 101 of Title 37; and (2) “position” means a civilian office or position (including a temporary, part-time, or intermittent position), appointive or elective, in the legislative, executive, or judicial branch of the Government of the U.S. (including a Government corporation and a non-appropriated fund instrumentality under the jurisdiction of the armed forces) or in the government of the District of Columbia. Employment of Retired Officer of the Uniformed Services; Reduction in Retired or Retirement Pay; Exceptions Section 5532(a) provides for the purpose of this Section, “period for which he or she receives pay” means the full calendar period for which a retired officer of a regular component of a uniformed service receives the pay of a posi tion when employed on a full-time basis, but only the days for which he or she actually receives that pay when employed on a part-time or intermittent basis. Section 5532(b) states a retired officer of a regular component of a uniformed service who holds a position is entitled to receive the full pay of the position, but during the period for which he or she receives pay, his or her retired or retirement pay shall be reduced to an annual rate equal to the first $2,000 of the retired or retirement pay plus ½ of the remainder, if any. In the operation of the formula for the reduction of retired or retirement pay under this subsection, the amount of $2,000 shall be increased, from time to time, by appropriate percentage, in direct proportion to each increase in retired or retirement pay under Section 1401a(b) of Title 10 to reflect changes in the Consumer Price Index. Section 5532(c) provides the reduction in retired or retirement pay required by subsection (b) of this Section does not apply to a retired officer of a regular component of a uniformed service: (1) whose retirement was based on disability: (A) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (B) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by Sections 101 and 301 of Title 38; or (2) employed on a temporary (full-time or part-time) basis, any other part-time basis, or an intermittent basis, for the first 30-day period for which he or she receives pay. The exemption from reduction in retired or retirement pay under paragraph (2) of this subsection does not apply longer than: (i) the first 30-day period for which he or she receives pay under one appointment from the position in which he is employed, if he or she is serving under not more than one appointment; and (ii) the first period for which he or she receives pay under more than one appointment, in a FY, which consists in the aggregate of 30 days, from all positions in which he or she is employed, if he or she is serving under more than one appointment in that FY. Section 5532(d) states except as otherwise provided by this subsection, the Civil Service Commission, subject to the supervision and control of the Presi dent, may prescribe regulations under which exceptions may be made to the restrictions in subsection (b) of this Section when appropriate authority determines that the exceptions are warranted because of special or emergency employment needs which otherwise cannot be readily met. The President of the Senate with respect to the U.S. Senate, the Speaker of the House of Representatives with respect to the U.S. House of Representatives, and the Architect of the Capitol with respect to the Office of the Architect of the Capitol each may provide for a means by which exceptions may be made to the restrictions in subsection (b) of this Section when he determines that the exceptions are warranted because of special or emergency employment needs which otherwise cannot be readily met. The Administrator of the National Aeronautics and Space Administration may except, at any time, an individual appointed to a scientific, engineering, or administrative position under Section 2473(b)(2)(A) of Title 42 from the restrictions in subsection (b) of this Section when he determines that the exception is warranted because of special or emergency employment needs which otherwise cannot be readily met, but not more than 30 exceptions may exist at any one time under this authority. Dual Pay for More Than One Position; Limitations; Exceptions Section 5533(a) provides except as provided by subsections (b), (c), and (d) of this Section, an individual is not entitled to receive basic pay from more than one position for more than an aggregate of 40 hours of work in one calendar week (Sunday through Saturday). Section 5533(b) states except as otherwise provided by subsection (c) of this Section, the Civil Service Commission, subject to the supervision and control of the President, may prescribe regulations under which exceptions may be made to the restrictions in subsection (a) of this Section when appropriate authority determines that the exceptions are warranted because personal services otherwise cannot be readily obtained. Section 5533(c) provides unless otherwise authorized by law, appropriated funds are not available for payment to an individual of pay from more than one position if the aggregate amount of the basic pay from the positions is more than $2,000 a year, and if: (1) the pay of one of the positions is paid by the Sec. of the Senate or the Clerk of the House of Representatives; or (2) one of the positions is under the Office of the Architect of the Capitol. Section 5533(d) states subsection (a) of this Section does not apply to: (1) pay on a when-actually-employed basis received from more than one consultant or expert position if the pay is not received for the same hours of the same day; (2) pay consisting of fees paid on other than a time basis; (3) pay received by a teacher of the public schools of the District of Columbia for employment in a position during the summer vacation period; (4) pay paid by the Tennessee Valley Authority to an employee performing part-time or intermittent work in addition to his or her normal duties when the Authority considers it to be in the interest of efficiency and economy; (5) pay received by an individual holding a position: (A) the pay of which is paid by the Sec. of the Senate or the Clerk of the House of Representatives; or (B) under the Architect of the Capitol; (6) pay paid by the U.S. Coast Guard to an employee occupying a part-time position of lamplighter; and (7) pay within the purview of any of the following statutes: (A) Section 162 of Title 2; (B) Section 23(b) of Title 13; (C) Section 327 of Title 15; (D) Section 907 of Title 20; (E) Section 873 of Title 33; (F) Section 3335(a) or (c) of Title 39; (G) Section 631 or 631a of Title 31, District of Columbia Code; or (H) Section 102 of Title 2, Canal Zone Code. Section 5533(e) provides this Section does not apply to an individual employed under Sections 174j-1 to 174j-7 or 174k of Title 40. Dual Employment and Pay of Reserves and National Guardsmen Section 5534 states a Reserve of the armed forces or member of the National Guard may accept a civilian office or position under the Government of the U.S. or the government of the District of Columbia, and he or she is entitled to receive the pay of that office or position in addition to pay and allowances as a Reserve or member of the National Guard. Extra Pay for Details Prohibited Section 5535(a) provides an officer may not receive pay in addition to the pay for his or her regular office for performing the duties of a vacant office as authorized by Sections 3345-3347 of this Title. Section 5535(b) states an employee may not receive: (1) additional pay or allowances for performing the duties of another employee; or (2) pay in addition to the regular pay received for employment held before his or her appointment 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. Extra Pay for Extra Services Prohibited Section 5536 provides an employee or a member of a uniformed service whose pay or allowance is fixed by statute or regulation may not receive additional pay or allowance for the disbursement of public money or for any other service or duty, unless specifically authorized by law and the appropriation therefor specifically states that it is for the additional pay or allowance. Fees for Jury Service in Courts of the U.S. Section 5537 states an employee as defined by Section 2105 of this Title or an individual employed by the government of the District of Columbia may not receive fees for jury service in a court of the U.S. Subchapter V - Premium Pay Definitions Section 5541 provides for the purpose of this subchapter: (1) “agency” means: (A) an Executive agency; (B) a military department; (C) an agency in the judicial branch; (D) the Library of Congress; ( E) the Botanic Garden; (F) the Office of the Architect of the Capitol; and (G) the government of the District of Columbia; and (2) “employee”" means: (A) an employee in or under an Executive agency; (B) an individual employed by the government of the District of Columbia; and (C) an employee in or under the judicial branch, the Library of Congress, the Botanic Garden, and the Office of the Architect of the Capitol, who occupies a position subject to Chapter 51 and subchapter III of Chapter 53 of this Title; but does not include: (i) a justice or judge of the U.S.; (ii) the head of an agency other than the government of the District of Columbia; (iii) a teacher, school official, or employee of the Board of Education of the District of Columbia, whose pay is fixed under Chapter 15 of Title 31, District of Columbia Code; (iv) a member of the Metropolitan Police, the Fire Department of the District of Columbia, the U.S. Park Police, or the White House Police; (v) a student-employee as defined by Section 5351 of this Title; (vi) an employee in the postal field service; (vii) an employee outside the continental U.S. or in Alaska who is paid in accordance with local native prevailing wage rates for the area in which employed; (viii) an employee of the Tennessee Valley Authority; (ix) an individual to whom Section 1291(a) of Title 50, appendix, applies; (x) an employee of a Federal land bank, a Federal intermediate credit bank, or a bank for cooperatives; (xi) an employee whose basic pay is fixed and adjusted from time to time in accordance with prevailing rates by a wage board or similar administrative authority serving the same purpose, except as provided by Section 5544 of this Title; (xii) an employee of the Transportation Corps of the Army on a vessel operated by the U.S., a vessel employee of the Coast and Geodetic Survey, a vessel employee of the Dept. of Interior, or a vessel employee of the Panama Canal Company; or (xiii) a “teacher” or an individual holding a “teaching position” as defined by Section 901 of Title 20. Overtime Rate; Computation Section 5542(a) states hours of work officially ordered or approved in excess of 40 hours in an administrative workweek performed by an employee are overtime work and shall be paid for, except as otherwise provided by this subchapter, at the following rates: (1) for an employee whose basic pay is at a rate which does not exceed the minimum rate of basic pay for GS-9, the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of basic pay of the employee, and all that amount is premium pay; (2) for an employee whose basic pay is at a rate which exceeds the minimum rate of basic pay for GS-9, the overtime hourly rate of pay is an amount equal to one and one-half times the hourly rate of the minimum rate of basic pay for GS-9, and all that amount is premium pay. Section 5542(b) provides for the purpose of this subchapter: (1) unscheduled overtime work performed by an employee on a day when work was not scheduled for him or her, or for which he or she is required to return to his or her place of employment, is deemed at least two hours in duration; and (2) time spent in a travel status away from the official-duty station of an employee is not hours of employment unless: (A) the time spent is within the days and hours of the regularly scheduled administrative workweek of the employee, including regularly scheduled overtime hours; or (B) the travel involves the performance of work while traveling or is carried out under arduous conditions. Compensatory Time Off Section 5543(a) states the head of an agency may: (1) on request of an employee, grant the employee compensatory time off from his scheduled tour of duty instead of payment for an equal amount of time spent in irregular or occasional over time work; and (2) provide that an employee whose rate of basic pay is in excess of the maximum rate of basic pay for GS-9 shall be granted compensatory time off from his scheduled tour of duty equal to the amount of time spent in irregular or occasional overtime work instead of being paid for that work under Section 5542 of this Title. Wage-Board Overtime Rates; Computation Section 5544(a) provides an employee whose basic rate of pay is fixed and adjusted from time to time in accordance with prevailing rates by a wage board or similar administrative authority serving the same purpose is entitled to overtime pay for overtime work in excess of eight hours a day or 40 hours a week. However, an employee subject to this subsection who regularly is required to remain at or within the confines of his or her post of duty in excess of eight hours a day in a standby or on-call status is entitled to overtime pay only for hours of duty, exclusive of eating and sleeping time, in excess of 40 a week. The overtime hourly rate of pay is computed as follows: (1) if the basic rate of pay of the employee is fixed on a basis other than an annual or monthly basis, multiply the basic hourly rate of pay by not less than one and one-half; (2) if the basic rate of pay of the employee is fixed on an annual basis, divide the basic annual rate of pay by 2,080, and multiply the quotient by one and one-half; (3) if the basic rate of pay of the employee is fixed on a monthly basis, multiply the basic monthly rate of pay by 12 to derive a basic annual rate of pay, divide the basic annual rate of pay by 2,080, and multiply the quotient by one and one-half. Night, Standby, and Irregular Duty Differential Section 5545(a) states except as provided by subsection (b) of this Section, night work is regularly scheduled work between the hours of 6:00 p.m. and 6:00 a.m., and includes: (1) periods of absence with pay during these hours due to holidays; and (2) periods of leave with pay during these hours if the periods of leave with pay during a pay period total less than eight hours. Except as otherwise provided by subsection (c) of this Section, an employee is entitled to pay for night work at his rate of basic pay plus premium pay amounting to 10% of that basic rate. This subsection and subsection (b) of this Section do not modify Section 180 of Title 31, or other statute authorizing additional pay for night work. Section 5545(b) provides the head of an agency may designate a time after 6:00 p.m. and a time before 6:00 a.m. as the beginning and end, respectively, of night work for the purpose of subsection (a) of this Section, at a post outside the U.S. where the customary hours of business extend into the hours of night work provided by subsection (a) of this Section. Section 5545(c) states the head of an agency, with the approval of the Civil Service Commission, may provide that: (1) an employee in a position requiring him or her regularly to remain at, or within the confines of, his or her station during longer than ordi nary periods of duty, a substantial part of which consists of remaining in a standby status rather than performing work, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for irregular, unscheduled overtime duty in excess of his or her regularly scheduled weekly tour. Premium pay under this paragraph is determined as an appropriate percentage, not in excess of 25%, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS-9, by taking into consideration the number of hours of actual work required in the position, the number of hours required in a standby status at or within the confines of the station, the extent to which the duties of the position are made more onerous by night or holiday work, or by being extended over periods of more than 40 hours a week, and other relevant factors; or (2) an employee in a position in which the hours of duty cannot be controlled administratively, and which requires substantial amounts of irregular, unscheduled, overtime duty and duty at night and on holidays with the employee generally being responsible for recognizing, without supervision, circumstances which require him or her to remain on duty, shall receive premium pay for this duty on an annual basis instead of premium pay provided by other provisions of this subchapter, except for regularly scheduled overtime duty. Premium pay under this paragraph is determined as an appropriate percentage, not in excess of 15%, of such part of the rate of basic pay for the position as does not exceed the minimum rate of basic pay for GS-9, by taking into consideration the frequency and duration of night, holiday, and unscheduled overtime duty required in the position. Pay for Holiday Work Section 5546(a) provides an employee who performs work on a holiday designated by Federal statute, Executive order, or with respect to an employee of the government of the District of Columbia, by order of the Board of Commissioners of the District of Columbia, is entitled to pay at the rate of his or her basic pay, plus premium pay at a rate equal to the rate of his or her basic pay, for that holiday work which is not: (1) in excess of eight hours; or (2) overtime work as defined by Section 5542(a) of this Title. Section 5546(b) states an employee who is required to perform any work on a designated holiday is entitled to pay for at least two hours of holiday work. Section 5546(c) provides an employee who performs overtime work as defined by Section 5442(a) of this Title on a Sunday or a designated holiday is entitled to pay for that overtime work in accordance with Section 5542(a) of this Title. Section 5546(d) states premium pay under this Section is in addition to premium pay which may be due for the same work under Section 5545(a) and (b) of this Title, providing premium pay for night work Limitation on Premium Pay Section 5547 provides an employee may be paid premium pay under this subchapter only to the extent that the payment does not cause his or her aggregate rate of pay for any pay period to exceed the maximum rate for GS-15. Regulations Section 5548 states the Civil Service Commission may prescribe regulations, subject to the approval of the President, necessary for the administration of this subchapter, except Section 5544, insofar as this subchapter affects employees in or under an Executive agency. Effect on Other Statutes Section 5549 provides this subchapter does not prevent payment for overtime services or for Sunday or holiday work under any of the following statutes: (1) Section 394 of Title 7; (2) Sections 1353a and 1353b of Title 8; (3) Sections 261, 267, 1450, 1451, 1451a, and 1452 of Title 19; (4) Section 382b of Title 46; and (5) Section 154(f) (3) of Title 47. However, an employee may not receive premium pay under this subchapter for the same services for which he or she is paid under one of these statutes. Subchapter VI - Payment for Accumulated and Accrued Leave Lump-sum Payment for Accumulated and Accrued Leave on Separation Section 5551(a) states an employee as defined by Section 2105 of this Title or an individual employed by the government of the District of Columbia, who is separated from the service or elects to receive a lump-sum payment for leave under Section 5552 of this title, is entitled to receive a lump- sum payment for accumulated and current accrued annual or vacation leave to which he or she is entitled by statute. The lump-sum payment shall equal the pay the employee or individual would have received had he or she remained in the service until expiration of the period of the annual or vacation leave, except that it 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 or her credit at the beginning of the leave year in which entitlement to payment occurs, whichever is greater. The lump-sum payment is considered pay for taxation purposes only. Subchapter VII - Payments to Missing Employees Definitions Section 5561(1) provides for the purpose of this subchapter “agency” means an Executive agency and a military department. Section 5561(2) states for the purpose of this subchapter “employee” means an employee in or under an agency who is a citizen or national of the U.S. or an alien admitted to the U.S. 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 employee who enters a status listed in paragraph (5)(A)-(E) of this Section: (A) inside the continental U.S.; or (B) who is a resident at or in the vicinity of his or her place of employment in a territory or possession of the U.S. or in a foreign country and who was not living there solely as a result of his or her employment; is an employee for the purpose of this subchapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agency. Section 5561(3) provides for the purposes of this subchapter “dependent” means: (A) a wife; (B) an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age; (C) a dependent mother or father; (D) a dependent designated in official records; and (E) an individual determined to be dependent by the head of the agency concerned or his or her designee. Section 5561(4) states for the purposes of this subchapter “active service” means active Federal service by an employee. Section 5561(5) provides for the purpose of this “missing status” means the status of an employee who is in active service and is officially 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 (B) detained in a foreign country against his or her will; but does not include the status of an employee for a period during which he or she is officially determined to be absent from his or her post of duty without authority. Section 5561(6) states for the purposes of this subchapter “pay and allowances” means: (A) basic pay; (B) special pay; (C) incentive pay; (D) basic allowance for quarters; (E) basic allowance for subsistence; and (F) station per diem allowances for not more than 90 days. Pay and Allowances; Continuance While in a Missing Status; Limitations Section 5562(a) provides an employee in a missing status is entitled to receive or have credited to his or her account, for the period he or she is in that status, the same pay and allowances to which he or she was entitled at the beginning of that period or may become entitled thereafter. Section 5562(b) states entitlement to pay and allowances under subsection (a) of this Section ends on the date of: (1) receipt by the head of the agency concerned of evidence that the employee is dead; or (2) death prescribed or determined under Section 5565 of this T itle. That entitlement does not end: (A) on the expiration of the term of service or employment of an employee while he or she is in a missing status; or (B) earlier than the dates prescribed in paragraphs (1) and (2) of this subsection if the employee dies while he or she is in a missing status. Section 5562(c) provides an employee who is officially determined to be absent from his or her post of duty without authority is indebted to the U.S. for payments of amounts credited to his or her account under subsection (a) of this Section for the period of that absence. Section 5562(d) states when an employee in a missing status is continued in that status under Section 5565 of this Title, he or she continues to be entitled to have pay and allowances credited under subsection (a) of this Section. Allotments; Continuance, Suspension, Initiation, Resumption, or Increase While in a Missing Status; Limitations Section 5563(a) provides an allotment (including one for the purchase of U.S. savings bonds) made by an employee before he or she was in a missing status may be continued for the period he or she is in that status, notwithstanding the end of the period for which the allotment was made. Section 5563(b) states in the absence of an allotment or when an allotment is insufficient for a purpose authorized by the head of the agency con cerned, he or she or his or her 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. Section 5563(c) provides 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 or she is permitted to allot under regulations prescribed by the head of the agency concerned. Section 5563(d) states a premium paid by the U.S. on insurance issued on the life of an employee, which is unearned because it covers a period after his or her death, reverts to the appropriation of the agency concerned. Section 5563(e) provides subject to subsections (f) and (g) of this Section, the head of the agency concerned or his or her designee may direct the initiation, continua nce, 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 or her dependents, or the U.S. Section 5563(f) states when the head of the agency concerned officially reports that an employee in a missing status is alive, an allotment under subsec tions (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 controllable jurisdiction of the agency concerned. Section 5563(g) provides 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. Section 5563(h) states when the head of the agency concerned considers it essential for the well-being and protection of the dependents of an employee in active service (other than an employee in a missing status), he or she 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 allotment made by the employee; and (3) continue payment of an allotment of the employee which has expired. Travel and Transportation; Dependents; Household and Personal Effects; Motor Vehicles; Sale of Bulky Items; Claims for Proceeds; Appropriation Chargeable Section 5564(a) provides 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 U.S. expense when it is located outside the U.S. or in Alaska or Hawaii. Section 5564(b) states transportation (including packing, crating, draying, temporarily storing, and unpacking 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 or her 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 or her designee on request of the employee (if injured) or his or her dependent, next of kin, or other person described in paragraph (2) of this subsection. Section 5564(c) provides when an employee described in subsection (b) of this Section is in an injured status, transportation of dependents and household and personal effects may be provided under this Section only when prolonged hospitalization or treatment is anticipated. Section 5564(d) states 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 destination requested. Section 5564(e) provides instead of providing transportation for dependents under this Section, when the travel has been completed the head of the agency concerned may authorize: (1) reimbursement for the commercial cost of the transportation; or (2) a monetary allowance, instead of transportation, as authorized by statute for the whole or that part of the travel for which transportation in kind was not furnished. Section 5564(f) states the head of the agency concerned may store the household and personal effects of an employee described in subsection (b) of this Section until proper disposition can be made. The cost of the storage and transportation (including packing, crating, draying, temporarily storing, and unpacking) of household and personal effects shall be charged against appropriations currently available. Section 5564(g) provides when the head of the agency concerned determines that an emergency exists and that a sale would be in the best interests of the U.S. , he or she may provide for the public or private sale of motor vehicles and other bulky items of the household and personal effects of an employee described in subsection (b) of this Section. Before a sale, and if practicable, a reasonable effort shall be made to determine the desires of interested persons. The net proceeds from the sale shall be sent to the owner or other person entitled thereto under regulations prescribed by the head of the agency concerned. If there is no owner or other person entitled thereto, or if the owner or other person or their addresses are not ascertained within one year from the date of sale, the net proceeds may be covered into the Treasury of the U.S. as miscellaneous receipts. Section 5564(h) states a claim for net proceeds covered into the Treasury under subsection (g) of this Section may be filed with the GAO by the owner, his or her heir or next of kin, or his or her legal representative at any time before the end of five years from the date the proceeds are covered into the Treasury. When a claim is filed, the GAO shall allow or disallow it. A claim that is allowed shall be paid from the appropriation for refunding money erroneously received and covered. If a claim is not filed before the end of five years from the date the proceeds are covered into the Treasury, it is barred from being acted on by the GAO or the courts. Section 5564(i) provides this Section does not amend or repeal: (1) Section 2575, 2733, 4712, 4713, 6522, 9712, or 9713 of Title 10; (2) Section 507 of Title 14; or (3) Chapter 171 of Title 28. Agency Review Section 5565(a) states when an employee has been in a missing status almost 12 months and no official report of his or her death or the circumstances of his or her continued absence has been received by the head of the agency concerned, he or she shall have the case fully reviewed. After that review and the end of 12 months in a missing status, or after any later review which shall be made when warranted by information received or other circumstances, the head of the agency concerned or his or her designee may: (1) direct the continuance of his or her missing status, if there is a reasonable presumption that the employee is alive; or (2) make a finding of death. Section 5565(b) provides when a finding of death is made under subsection (a) of this Section, it shall include the date death is presumed to have occurred for the purpose of the ending of crediting pay and allowances and settlement of accounts. That date is: (1) the day after the day on which the 12 months in a missing status ends; or (2) a day determined by the head of the agency concerned or his or her designee when the missing status has been continued under subsection (a) of this Section. Section 5565(c) states for the purpose of determining status under this Section, a dependent of an employee in active service is deemed an employee. A determination under this Section made by the head of the agency concerned or his or her designee is conclusive on all other agencies of the U.S. This Section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled. Agency Determinations Section 5566(a) provides the head of the agency concerned or his or her designee may make any determination necessary to administer this subchapter, and when so made it is conclusive as to: (1) death or finding of death; (2) the fact of dependency under this subchapter; (3) any other status covered by this subchapter; (4) an essential date, including one on which evidence or information is received by the head of the agency concerned; and (5) whether information received concerning an employee is to be construed and acted on as an official report of death. Section 5566(b) states when the head of the agency concerned receives information that he or she considers to conclusively establish the death of an employee, he or she shall take action thereon as an official report of death, notwithstanding an earlier action relating to death or other status of the employee. After the end of 12 months in a missing status prescribed by Section 5565 of this Title, the head of the agency concerned or his or her designee shall make a finding of death when he or she considers that the information received, or a lapse of time without information, establishes a reasonable presumption that an employee in a missing status is dead. Section 5566(c) provides the head of the agency concerned or his or her designee may determine the entitlement of an employee to pay and allowances under this subchapter, including credits and charges in his or her account, and that determination is conclusive. An account may not be charged or debited with an amount that an employee captured, beleaguered, or besieged by a hostile force may receive or be entitled to receive from, or have placed to his or her credit by, the hostile force as pay, allowances, or other compensation. Section 5566(d) states when circumstances warrant the reconsideration of a determination made under this subchapter, the head of the agency concerned or his or her designee may change or modify it. Section 5566(e) provides when the account of an employee has been charged or debited with an allotment paid under this subchapter, the amount so charged or debited shall be recredited to the account of the employee if the head of the agency concerned or his or her designee determines that the payment was induced by fraud or misrepresentation to which the employee was not a party. Section 5566(f) states except an allotment for an unearned insurance premium, an allotment paid from the pay and allowances of an employee for the period he or she is in a missing status may not be collected from the allottee as an overpayment when payment was caused by delay in receiving evidence of death. An allotment paid for a period after the end, under this subchapter or otherwise, of entitlement to pay and allowances may not be collected from the allottee or charged against the pay of a deceased employee when payment was caused by delay in receiving evidence of death. Section 5566(g) provides the head of the agency concerned or his or her designee may waive the recovery of an erroneous payment or overpayment of an allotment to a dependent if he or she considers recovery is against equity and good conscience. Section 5566(h) states for the purpose of determining status under this Section, a dependent of an employee in active service is deemed an employee. A determination under this Section made by the head of the agency concerned or his or her designee is conclusive on all other agencies of the U.S. This Section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled. Settlement of Accounts Section 5567(a) provides the head of the agency concerned or his or her designee may settle the accounts of: (1) an employee for whose account payment has been made un der Sections 5562, 5563, and 5565 of this Title; and (2) a survivor of a casualty to a ship, station, or military installation which results in the loss or destruction of disbursing records. That settlement is conclusive on the accounting officials of the U.S. in settling the accounts of disbursing officials. Section 5567(b) states payment or settlement of an account made pursuant to a report, determination, or finding of death may not be recovered or reopened because of a later report or determination which fixes a date of death. However, an account shall be reopened and settled on the basis of a date of death so fixed which is later than that used as a basis for earlier settlement. Section 5567(c) provides in settling the accounts of a disbursing official, he or she is entitled to credit for an erroneous payment or overpayment made by him or her in car rying out this subchapter, except Section 5568, if there is no fraud or criminality by him or her. Recovery may not be made from an individual who authorizes a payment under this subchapter, except Section 5568, if there is no fraud or criminality by him or her. Income Tax Deferment Section 5568 states notwithstanding other statutes, any Federal income tax return of, or the payment of any Federal income tax by, an employee who, at the time the return or payment would otherwise become due, is in a missing status does not become due until the earlier of the following dates: (1) the fifteenth day of the third month in which he or she ceased (except because of death or incompetence) being in a missing status, unless before the end of that fifteenth day he or she is again in a missing status; or (2) the fifteenth day of the third month after the month in which an executor, administrator, or conservator of the estate of the taxpayer is appointed. That due date is prescribed subject to the power of the Sec. of Treasury or his or her delegate to extend the time for filing the return or paying the tax, as in other cases, and to assess and collect the tax as provided by Sections 6851, 6861, and 6871 of Title 26 in cases in which the assessment or collection is jeopardized and in cases of bankruptcy or receivership. Subchapter VIII - Settlement of Accounts Definitions Section 5581 provides 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 government 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 Section 36a of Title 2; (2) “money due” means the pay and allowances due on account of the services of a deceased employee for the Government of the U.S. or the government of the District of Columbia. It includes, but is not limited to: (A) per diem instead of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in connection therewith for which reimbursement is due; (B) allowances on change of official station; (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 deductions for U.S. savings bonds; (F) payment for accumulated and current accrued annual or vacation leave equal to 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 or her lifetime; (H) amounts of unnegotiated checks returned 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 interest payable under subchapter III of Chapter 83 of this Title applicable to the service of the deceased employee, or amounts the disposition of which is otherwise expressly prescribed by Federal statute. Designation of Beneficiary; Order of Precedence Section 5582(a) states the employing agency shall notify each employee of his or her 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 such regulations as the Comptroller General of the U.S. may prescribe. Section 5582(b) provides in order to facilitate the settlement of the accounts of deceased employees, money due an employee at the time of his or her 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 designated by the employee in a writing received in the employing agency before his or her 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 appointed 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 or her death. Payment of Money Due; Settlement of Accounts Section 5583(a) states under such regulations as the Comptroller General of the U.S. may prescribe, the employing agency shall pay money due a deceased employee to the beneficiary designated by the employee under Section 5582(b) of this Title, or, if none, to the widow or widower of the employee. Section 5583(b) provides except as the Comptroller General may by regulation otherwise authorize or direct, accounts not payable under subsection (a) of this Section are payable on settlement of the GAO. However: (1) accounts of employees of the government of the District of Columbia shall be paid by the District of Columbia; (2) accounts of employees of the Canal Zone Government on the Isthmus of Panama shall be paid by the Canal Zone Government; and (3) accounts of employees of Government corporations or mixed ownership Government corporations may be paid by the corporations. Subchapter IX - Back Pay Back Pay; Individuals Reinstated or Restored after Removal or Suspension for Cause Section 5591 states an individual removed or suspended under Section 7501 of this Title who, after filing a written answer to the charges under Section 7501 of this Title or after further appeal to proper authority after receipt of an adverse decision on the answer, is reinstated or restored to duty because the action was unjustified or unwarranted is: (1) entitled to pay, at the rate received on the date of the removal or suspension, for the period for which he or she did not receive pay with respect to the position from which he or she was removed or suspended, less the amount he or she earned through other employment during that period; and (2) deemed to have performed service during that period for all purposes except for the accumulation of leave. Decision on an appeal to proper authority under this Section shall be made at the earliest practicable date. Back Pay; Preference Eligibles Reinstated or Restored after Removal, Suspension, or Furlough Section 5592 provides an individual removed, suspended, or furloughed under Section 7512 of this Title who, after answering the reasons advanced for the proposed adverse action under Section 7512 of this Title or after an appeal to the Civil Service Commission under Section 7701 of this Title, is reinstated or restored to duty because the action was unjustified or unwarranted is: (1) entitled to pay, at the rate received on the date of the removal, suspension, or furlough, for the period for which he or she did not receive pay with respect to the position from which he or she was removed, suspended, or furloughed, less the amounts he or she earned through other employment during that period; and (2) deemed to have performed service during that period for all purposes except for the accumulation of leave. Back Pay; Individuals Reinstated or Restored after Reduction in Force Section 5593 states an individual removed or furloughed without pay in a reduction in force who, after an appeal to proper authority, is reinstated or restored to duty because the action was unjustified or unwarranted is: (1) entitled to pay, at the rate received on the date of the removal or furlough, for the period for which he or she did not receive pay with respect to the position from which he or she was removed or furloughed, less the amounts he or she earned through other employment during that period; and (2) deemed to have performed service during that period for all purposes except for the accumulation of leave. Decision on an appeal to proper authority under this Section shall be made at the earliest practicable date. Back Pay; Individuals Reinstated or Restored after Suspension or Removal for National Security Section 5594 provides an individual suspended or removed under Section 7532 of this Title who is reinstated or restored to duty under Section 3571 of this Title is entitled to pay in an amount not to exceed the amount he or she normally would have earned during the period of suspension or removal, at the rate received on the date of suspension or removal, for all or a part of the period for which he or she did not receive pay with respect to the position from which he or she was suspended or removed, less the amounts he or she earned through other employment during that period. Chapter 57 - Travel, Transportation, and Subsistence Subchapter I - Travel and Subsistence Expenses; Mileage Allowances Definitions Section 5701(1) states for the purpose of this subchapter: “agency” means: (A) an Executive agency; (B) a military department; (C) an office, agency, or other establishment in the legisla tive branch; (D) an office, agency, or other establishment in the judicial branch; and (E) the government of the District of Columbia; but does not include: (i) a Government controlled corporation; (ii) a Member of Congress; or (iii) an office or committee of either House of Congress or of the two Houses. Section 5701(2) provides for the purpose of this subchapter: “employee” means an individual employed in or under an agency. Section 5701(3) states for the purpose of this subchapter: “subsistence” means lodging, meals, and other necessary expenses for the personal sustenance and comfort of the traveler. Section 5701(4) provides for the purpose of this subchapter: “per diem allowance” means a daily flat rate payment instead of actual expenses for subsistence and fees or tips to porters and stewards. Section 5701(5) states for the purpose of this subchapter: “Government” means the Government of the U.S. and the government of the District, of Columbia. Section 5701(6) provides for the purpose of this subchapter” “continental U.S.” means the several States and the District of Columbia, but does not include Alaska or Hawaii. Per Diem; Employees Traveling on Official Business Section 5702(a) states an employee, while traveling on official business away from his or her designated post of duty, is entitled to a per diem allowance prescribed by the agency concerned. For travel inside the continental U.S. , the per diem allowance may not exceed the rate of $16. For travel outside the continental U.S., the per diem allowance may not exceed the rate established by the President or his designee, who may be the Dir. of the Bureau of the Budget or another officer of the Government of the U.S., for the locality where the travel is performed. Section 5702(b) provides under regulations prescribed under Section 5707 of this Title, an employee who, while traveling on official business away from his or her designated post of duty, becomes incapacitated by illness or injury not due to his or her own misconduct is entitled to the per diem allowances, and transportation expenses to his designated post of duty. Section 5702(c) states under regulations prescribed under Section 5707 of this Title, the head of the agency concerned may prescribe conditions under which an employee may be reimbursed for the actual and necessary expenses of the trip, not to exceed an amount named in the travel authorization, when the maximum per diem allowance would be much less than these expenses due to the unusual circumstances of the travel assignment. The amount named in the travel authorization may not exceed: (1) $30 for each day in a travel status inside the continental U.S.; or (2) the maximum per diem allowance plus $10 for each day in a travel status outside the continental U.S. Section 5702(d) provides this Section does not apply to a justice or judge except to the extent provided by Section 456 of Title 28. Per Diem, Travel, and Transportation Expenses; Experts and Consultants; Individuals Serving Without Pay Section 5703(a) states for the purpose of this Section, “appropriation” includes funds made available by statute under Section 849 of Title 31. Section 5703(b) provides an individual employed intermittently in the Government service as an expert or consultant and paid on a daily when-actually-employed basis may be allowed travel expenses under this subchapter while away from his or her home or regular place of business, including a per diem allowance under this subchapter while at his or her place of employment. Section 5703(c) states an individual serving without pay or at $1 a year may be allowed transportation expenses under this subchapter and a per diem allowance under this Section while en route and at his or her place of service or employment away from his or her home or regular place of business unless a higher rate is named in an appropriation or other statute, the per diem allowance may not exceed: (1) the rate of $16 for travel inside the continental U.S.; and (2) the rates established under Section 5702(a) of this Title for travel outside the continental U.S. Section 5703(d) provides under regulations prescribed under Section 5707 of this Title, the head of the agency concerned may prescribe conditions under which an individual to whom this Section applies may be reimbursed for the actual and necessary expenses of the trip, not to exceed an amount named in the travel authorization, when the maximum per diem allowance would be much less than these expenses due to the unusual circumstances of the travel assignment. The amount named in the travel authorization may not exceed: (1) $30 for each day in a travel status inside the continental U.S.; or (2) the maximum per diem allowance plus $10 for each day in a travel status outside the continental U.S. Mileage and Related Allowances Section 5704(a) states under regulations prescribed under Section 5707 of this Title, an employee or other individual performing service for the Government, who is engaged on official business inside or outside his or her designated post of duty or place of service, is entitled to not in excess of: (1) 8¢ a mile for the use of a privately owned motorcycle; or (2) 12¢ a mile for the use of a privately owned automobile or airplane; instead of the actual expenses of transportation when that mode of transportation is authorized or approved as more advantageous to the Government. A determination of advantage is not required when payment on a mileage basis is limited to the cost of travel by common carrier including per diem. Section 5704(b) provides in addition to the mileage allowance under subsection (a) of this Section, the employee or other individual performing service for the Government may be reimbursed for: (1) parking fees; (2) ferry fares; and (3) bridge, road, and tunnel tolls. Advancements and Deductions Section 5705 states an agency may advance, through the proper disbursing official, to an employee or individual entitled to per diem or mileage allowances under this subchapter, a sum considered advisable with regard to the character and probable duration of the travel to be performed. A sum advanced and not used for allowable travel expenses is recoverable from the employee or individual or his or her estate by: (1) setoff against accrued pay, retirement credit, or other amount due the employee or individual; (2) deduction from an amount due from the U.S.; and (3) such other method as is provided by law. Allowable Travel Expenses Section 5706 provides except as otherwise permitted by this subchapter or by statutes relating to members of the uniformed services, only actual and necessary travel expenses may be allowed to an individual holding employ ment or appointment under the U.S. Regulations Section 5707 states the Dir. of the Bureau of the Budget shall prescribe regulations necessary for the administration of this subchapter. The fixing, payment, advancement, and recovery of travel allowances, and the reim bursement of travel expenses, under this subchapter shall be in accordance with the regulations. This Section does not apply to the fixing or payment of a per diem allowance under Section 5703(c) of this Title. Effect on Other Statutes Section 5708 provides this subchapter does not modify or repeal: (1) any statute providing for the traveling expenses of the President; (2) any statute providing for mileage allowances for Members of Congress; (3) any statute fixing or permitting rates higher than the maximum rates established under this subchapter; or (4) any appropriation statute item for examination of estimates in the field. Subchapter II - Travel and Transportation Expenses; New Appointees, Student Trainees, and Transferred Employees Definitions Section 5721(1) states for the purpose of this subchapter: “agency” means: (A) an Executive agency; (B) a military department; (C) a court of the U.S.; (D) the Administrative Office of the U.S. Courts; (E) the Library of Congress; (F) the Botanic Garden; (G) the GPO; and (H) the government of the District of Columbia; but does not include a Government controlled corporation. Section 5721(2) provides for the purpose of this subchapter: "employee" means an individual employed in or under an agency. Section 5721(3) states for the purpose of this subchapter: "continental U.S." means the several States and the District of Columbia, but does not include Alaska or Hawaii. Section 5721(4) provides for the purpose of this subchapter: "Government" means the Government of the U.S. and the government of the District of Columbia. Section 5721(5) states for the purpose of this subchapter: "appropriation" includes funds made available by statute under Section 849 of Title 31. Travel and Transportation Expenses of New Appointees; Posts of Duty Outside the Continental U.S. Section 5722(a) provides under such regulations as the President may prescribe and subject to subsections (b) and (c) of this Section, an agency may pay from its appropriations: (1) travel expenses of a new appointee and transportation expenses of his immediate family and his or her household goods and personal effects from the place of actual residence at the time of appointment to the place of employment outside the continental U.S.; and (2) these expenses on the return of an employee from his or her post of duty outside the continental U.S. to the place of his or her actual residence at the time of assignment to duty outside the U.S. Section 5722(b) states an agency may pay expenses under subsection (a) (1) of this Section only after the individual selected for appointment agrees in writing to remain in the Government service for a minimum period of: (1) one school year as determined under Chapter 25 of Title 20, if selected for appointment to a teaching position, except as a substitute, in the DOD under that Chapter; or (2) 12 months after his or her appointment, if selected for appointment to any other position; unless separated for reasons beyond his or her control which are acceptable to the agency concerned. If the individual violates the agreement, the money spent by the U.S. for the expenses is recoverable from the individual as a debt due the U.S. Section 5722(c) provides an agency may pay expenses under subsection (a) (2) of this Section only after the individual has served for a minimum period of: (1) one school year as determined under Chapter 25 of Title 20, if employed in a teaching position, except as a substitute, in the DOD under that Chapter; or (2) not less than one nor more than three years prescribed in advance by the head of the agency, if employed in any other position; unless separated for reasons beyond his or her control which are acceptable to the agency concerned. These expenses are payable whether the separation is for Government purposes or for personal convenience. Section 5722(d) states this Section does not apply to appropriations for the Foreign Service of the U.S. Travel and Transportation Expenses of New Appointee and Student Trainees; Manpower Shortage Positions Section 5723(a) provides under such regulations as the President may prescribe and subject to subsections (b) and (c) of this Section, an agency may pay from its appropriations: (1) travel expenses of a new appointee, or a student trainee when assigned on completion of college work, to a position in the U.S. for which the Civil Service Commission determines there is a manpower shortage; and (2) transportation expenses of his or her immediate family and his or her household goods and personal effects to the extent authorized by Section 5724 of this Title; from his or her place of residence at the time of selection or assignment to his or her duty station. If the travel and transportation expenses of a student trainee were paid when he or she was appointed, they may not be paid when he or she is assigned after completion of college work. Travel expenses payable under this subsection may include the per diem and mileage allowances authorized for employees by subchapter I of this Chapter. Advances of funds may be made for the expenses authorized by this subsection to the extent authorized by Section 5724(f) of this Title. Section 5723(b) states an agency may pay travel and transportation expenses under subsection (a) of this Section only after the individual selected or assigned agrees in writing to remain in the Government service for 12 months after his or her appointment or assignment, unless separated for reasons beyond his or her control which are acceptable to the agency concerned. If the individual violates the agreement, the money spent by the U.S. for the expenses is recoverable from the individual as a debt due the U.S. Section 5723(c) provides an agency may pay travel and transportation expenses under subsection (a) of this Section whether or not the individual selected has been appointed at the time of the travel. Section 5723(d) states the Commission may not delegate its authority to determine positions for which there is a manpower shortage for the purpose of this Section. Section 5723(e) provides this Section does not impair or otherwise affect the authority of an agency under existing statute to pay travel and transportation expenses of individuals named by subsection (a) of this Section. Travel and Transportation Expenses of Employees Transferred; Advancement of Funds; Reimbursement on Commuted Basis Section 5724(a) states under such regulations as the President may prescribe and when the head of the agency concerned or his or her designee authorizes or approves, the agency shall pay from Government funds: (1) the travel expenses of an employee transferred in the interest of the Government from one official station or agency to another for permanent duty, and the transportation expenses of his or her immediate family, or a commutation thereof under Section 5704 of this Title; and (2) the expenses of transporting, packing, crating, temporarily storing, draying, and unpacking his or her household goods and personal effects not in excess of 7,000 pounds net weight. Section 5724(b) provides under such regulations as the President may prescribe, an employee who transports a house trailer or mobile dwelling inside the continental U.S., inside Alaska, or between the continental U.S. and Alaska, for use as a residence, and who otherwise would be entitled to transportation of household goods and personal effects under subsection (a) of this Section, is entitled, instead of that transportation, to: (1) a reasonable allowance not in excess of 20¢ a mile for transportation of the house trailer or mobile dwelling, if the trailer or dwelling is transported by the employee; or (2) commercial transportation of the house trailer or mobile dwelling, at Government expense, or reimbursement to the employee therefor, including the payment of necessary tolls, charges, and permit fees, if the trailer or dwelling is not transported by the employee. However, payment under this subsection may not exceed the maximum payment to which the employee otherwise would be entitled under subsection (a) of this Section for transportation and temporary storage of his or her household goods and personal effects in connection with this transfer. Section 5724(c) states under such regulations as the President may prescribe, an employee who transfers between points inside the continental U.S. , instead of being paid for the actual expenses of transporting, packing, crating, temporarily storing, draying, and unpacking of household goods and personal effects, shall be reimbursed on a commuted basis at the rates per 100 pounds that are fixed by zones in the regulations. The reimbursement may not exceed the amount which would be allowable for the authorized weight allowance. Section 5724(d) provides when an employee transfers to a post of duty outside the continental U.S., his or her expenses of travel and transportation to and from the post shall be allowed to the same extent and with the same limitations prescribed for a new appointee under Section 5722 of this Title. Section 5724(e) states when an employee transfers from one agency to another, the agency to which he or she transfers pays the expenses authorized by this S ection. Section 5724(f) provides an advance of funds may be made to an employee under the regulations of the President with the same safeguards required under S ection 5705 of this Title. Section 5724(g) states the allowances authorized by this Section do not apply to an employee transferred under Chapter 14 of Title 22. Section 5724(h) provides when a transfer is made primarily for the convenience or benefit of an employee, including an employee in the Foreign Service of the U.S., or at his request, his or her expenses of travel and transportation and the expenses of transporting, packing, crating, temporarily storing, draying, and unpacking of household goods and personal effects may not be allowed or paid from Government funds. Transportation Expenses; Employees Assigned to Danger Area Section 5725(a) states when an employee of the U.S. is on duty, or is transferred or assigned to duty, at a place designated by the head of the agency concerned as inside a zone: (1) from which his or her immediate family should be evacuated; or (2) to which they are not permitted to accompany him or her; because of military or other reasons which create imminent danger to life or property, or adverse living conditions which seriously affect the health, safety, or accommodations of the immediate family, Government funds may be used to transport his or her immediate family and household goods and personal effects, under regulations prescribed by the head of the agency, to a location designated by the employee. When circumstances prevent the employee from designating a location, or it is administratively impracticable to determine his or her intent, the immediate family may designate the location. When the designated location is inside a zone to which movement of families is prohibited under this subsection, the employee or his or her immediate family may designate an alternate location. Section 5725(b) provides when the employee is assigned to a duty station from which his or her immediate family is not excluded by the restrictions in sub section (a) of this Section, Government funds may be used to transport his or her immediate family and household goods and personal effects from the designated or alternate location to the duty station. Storage Expenses; Household Goods and Personal Effects Section 5726(a) states for the purpose of this Section, "household goods and personal effects" means such personal property of an employee and his or her dependents as the President may by regulation authorize to be trans ported or stored, including, in emergencies, motor vehicles authorized to be shipped at Government expense. Section 5726(b) provides under such regulations as the President may prescribe, an employee, including a new appointee and a student trainee to the extent authorized by Sections 5722 and 5723 of this Title, assigned to a permanent duty station outside the continental U.S. may be allowed storage expenses and related transportation and other expenses for his or her household goods and personal effects when: (1) the duty station is one to which he or she cannot take or at which he or she is unable to use his or her household goods and personal effects; or (2) the head of the agency concerned authorizes storage of the household goods and personal effects in the public interest or for reasons of economy. The weight of the household goods and personal effects stored under this subsection, together with the weight of property transported under Section 5724(a), may not exceed 7,000 pounds net weight, excluding a motor vehicle described by subsection (a) of this Section. Transportation of Motor Vehicles Section 5727(a) states except as specifically authorized by statute, an authorization in a statute or regulation to transport the effects of an employee or other individual at Government expense is not an authorization to transport an automobile. Section 5727(b) provides under such regulations as the President may prescribe, the privately owned motor vehicle of an employee, including a new ap pointee and a student trainee to the extent authorized by Sections 5722 and 5723 of this Title, may be transported at Government expense to, from, and between the continental U.S. and a post of duty outside the continental U.S., or between posts of duty outside the continental U.S., when: (1) the employee is assigned to the post of duty for other than temporary duty; and (2) the head of the agency concerned determines that it is in the interest of the Government for the employee to have the use of a motor vehicle at the post of duty. Section 5727(c) states an employee may transport only one motor vehicle under subsection (b) of this Section during a four-year period, except when the head of the agency concerned determines that replacement of the motor vehicle during the period is necessary for reasons beyond the control of the employee and is in the interest of the Government, and authorizes in advance the transportation under subsection (b) of this Section of one additional privately owned motor vehicle as a replacement. When an employee has remained in continuous service outside the U.S. during the four-year period after the date of transportation under subsection (b) of this Section of his or her motor vehicle, the head of the agency concerned may authorize transportation under subsection (b) of this Section of a replacement for that motor vehicle. Section 5727(d) provides when the head of an agency authorizes transportation under subsection (b) of this Section of a privately owned motor vehicle, the transportation may be by: (1) commercial means, if available at reasonable rates and under reasonable conditions; or (2) Government means on a space-available basis. Section 5727(e) states (1) this section, except subsection (a), does not apply to: (A) the Foreign Service of the U.S.; or (B) the Central Intelligence Agency; (2) this section, except subsection (a), does not affect: (A) Section 1138 of Title 22; or (B) Section 403e(4) of Title 50. Travel and Transportation Expenses; Vacation Leave Section 5728(a) provides under such regulations as the President may prescribe, an agency shall pay from its appropriations the expenses of round-trip travel of an employee, and the transportation of his or her immediate family, but not household goods, from his or her post of duty outside the continental U.S. to the place of his or her actual residence at the time of appointment or transfer to the post of duty, after he or she has satisfactorily completed an agreed period of service outside the continental U.S. and is returning to his or her actual place of residence to take leave before serving another tour of duty at the same or another post of duty outside the continental U.S. under a new written agreement made before departing from the post of duty. Section 5728(b) states under such regulations as the President may prescribe, an agency shall pay from its appropriations the expenses of round- trip travel of an employee of the U.S. appointed by the President, by and with the advice and consent of the Senate, for a term fixed by statute, and of transportation of his or her immediate family, but not household goods, from his or her post of duty outside the continental U.S. to the place of his or her actual residence at the time of appointment to the post of duty, after he or she has satisfactorily completed each two years of service outside the continental U.S. and is returning to his or her actual place of residence to take leave before serving at least two more years of duty outside the continental U.S. Section 5728(c) provides this Section does not apply to appropriations for the Foreign Service of the U.S. Transportation Expenses; Prior Return of Family Section 5729(a) states under such regulations as the President may prescribe, an agency shall pay from its appropriations, not more than once before the return to the U.S. or its territories or possessions of an employee whose post of duty is outside the continental U.S. the expenses of transporting his or her immediate family and of shipping his or her household goods and personal effects from his or her post of duty to his or her actual place of residence when: (1) he or she has acquired eligibility for that transportation; or (2) the public interest requires the return of the immediate family for compelling personal reasons of a humanitarian or compassionate nature, such as may involve physical or mental health, death of a member of the immediate family, or obligation imposed by authority or circumstances over which the individual has no control. Section 5729(b) provides under such regulations as the President may prescribe, an agency shall reimburse from its appropriations an employee whose post of duty is outside the continental U.S. for the proper transportation expenses of returning his or her immediate family and his or her household goods and personal effects to the U.S. or its territories or possessions, when: (1)their return was made at the expense of the employee before his or her return and for other than reasons of public interest; and (2) he or she acquires eligibility for those transportation expenses. Section 5729(c) states this Section does not apply to appropriations for the Foreign Service of the U.S. Funds Available Section 5730 provides funds available for travel expenses of an employee are available for expenses of transportation of his or her immediate family, and funds available for transportation of things are available for transportation of household goods and personal effects, as authorized by this subchapter. Expenses Limited to Lowest First-Class Rate Section 5731(a) states the allowance for actual expenses for transportation may not exceed the lowest first-class rate by the transportation facility used unless it is certified, in accordance with regulations prescribed by the President, that: (1) lowest first-class accommodations are not available; or (2) use of a compartment or other accommodation authorized or approved by the head of the agency concerned or his or her designee is required for security purposes. Section 5731(b) provides instead of the maximum fixed by subsection (a) of this Section, the allowance to an employee of the U.S. for actual expenses for transportation on an inter-island steamship in Hawaii may not exceed the rate for accommodations on the steamship that is equivalent as nearly as possible to the rate for the lowest first-class accommodations on trans-pacific steamships. General Average Contribution; Payment or Reimbursement Section 5732 provides under such regulations as the President may prescribe, appropriations chargeable for the transportation of baggage and household goods and personal effects of employees of the U.S., volun teers as defined by Section 8142(a) of this Title, and members of the uniformed services are available for the payment or reimbursement of general average contributions required. Appropriations are not available for the payment or reimbursement of general average contributions: (1) required in connection with and applicable to quantities of baggage and household goods and personal effects in excess of quantities authorized by statute or regulation to be transported; (2) when the individual concerned is allowed under statute or regulation a commutation instead of actual transportation expenses; or (3) when the individual concerned selected the means of shipment. Subchapter III - Transportation of Remains, Dependents, and Effects General Prohibition Section 5741 states except as specifically authorized by statute, the head of an Executive department or military department may not authorize an expenditure in connection with the transportation of remains of a deceased employee. Transportation of Remains, Dependents, and Effects; Death Occurring Away from Official Station or Abroad Section 5742(a) provides for the purpose of this section, "agency" means: (1) an Executive agency; (2) a military department; (3) an agency in the legislative branch; and (4) an agency in the judicial branch. Section 5742(b) states when an employee dies, the head of the agency concerned, under regulations prescribed by the President and, except as otherwise provided by law, may pay from appropriations available for the activity in which the employee was engaged: (1) the expense of preparing and transporting the remains to the home or official station of the employee, or such other place appropriate for interment as is determined by the head of the agency concerned, if death occurred while the employee was in a travel status away from his official station in the U.S. or while performing official duties outside the U.S. or in transit thereto or therefrom; and (2) the expense of transporting his dependents, including expenses of packing, crating, draying, and transporting household effects and other personal property to his or her former home or such other place as is determined by the head of the agency concerned, if death occurred while the employee was performing official duties outside the U.S. or in transit thereto or therefrom. Section 5742(c) provides when a dependent of an employee dies while residing with the employee performing official duties outside the continental U.S. or in Alaska or in transit thereto or therefrom, the head of the agency concerned may pay the necessary expenses of transporting the remains to the home of the dependent, or such other place appropriate for interment as is determined by the head of the agency concerned. If practicable, the agency concerned in respect of the deceased may furnish mortuary services and supplies on a reimbursable basis when: (1) local commercial mortuary facilities and supplies are not available; or (2) the cost of available mortuary facilities and supplies are prohibitive in the opinion of the head of the agency. Reimbursement for the cost of mortuary services and supplies furnished under this subsection shall be collected and credited to current appropriations available for the payment of these costs. Section 5742(d) states the benefits of this section may not be denied because the deceased was temporarily absent from duty when death occurred. Chapter 59 - Allowances Subchapter I - Uniforms Uniform Allowances Section 5901(a) provides there is authorized to be appropriated annually to each agency of the Government of the U.S., including a Government owned corporation, and of the government of the District of Colum bia, on a showing of necessity or desirability, an amount not to exceed $100 multiplied by the number of employees of the agency who are required by regulation or statute to wear a prescribed uniform in the performance of official duties and who are not being furnished with the uniform. The head of the agency concerned, out of funds made available by the appropriation, shall: (1) furnish to each of these employees a uniform at a cost not to exceed $100 a year; or (2) pay to each of these employees an allowance for a uniform not to exceed $100 a year. The allowance may be paid only at the times and in the amounts authorized by the regulations prescribed under subsection (d) of this Section. Section 5901(b) states when the furnishing of a uniform or the payment of a uniform allowance is authorized under another statute or regulation existing on 9/1/54, the head of the agency concerned may continue the furnishing of the uniform or the payment of the uniform allowance under that statute or regulation, but in that event a uniform may not be furnished or allowance paid under this Section. Section 5901(c) provides an allowance paid under this Section is not wages within the meaning of Section 409 of Title 42 or Chapters 21 and 24 of Title 26. Section 5901(d) states the Dir. of the Bureau of the Budget shall prescribe regulations necessary for the uniform administration of this Section. Subchapter II - Quarters Quarters and Facilities; Employee in the U.S. Section 5911(a) provides for the purpose of this Section: (1) "Government" means the Government of the U.S.; (2) "agency" means an Executive agency, but does not include the Tennessee Valley Authority; (3) "employee" means an employee of an agency; (4) "U.S." means the several States, the District of Columbia, and the territories and possessions of the U.S. including the Commonwealth of Puerto Rico; (5) "quarters" means quarters owned or leased by the Government; and (6) "facilities" means household furniture and equipment, garage space, utilities, subsistence, and laundry service. Section 5911(b) states the head of an agency may provide, directly or by contract, an employee stationed in the U.S. with quarters and facilities, when conditions of employment or of availability of quarters warrant the action. Section 5911(c) provides rental rates for quarters provided for an employee under subsection (b) of this Section or occupied on a rental basis by an em ployee or member of a uniformed service under any other provision of statute, and charges for facilities made available in connection with the occupancy of the quarters, shall be based on the reasonable value of the quarters and facilities to the employee or member concerned, in the circumstances under which the quarters and facilities are provided, occupied, or made available. The amounts of the rates and charges shall be paid by, or deducted from the pay of, the employee or member of a uniformed service, or otherwise charged against him or her in accordance with law. The amounts of payroll deductions for the rates and charges shall remain in the applicable appropriation or fund. When payment of the rates and charges is made by other than payroll deductions, the amounts of payment shall be credited to the Government as provided by law. Section 5911(d) states when, as an incidental service in support of a program of the Government, quarters and facilities are provided by appropriate au thority of the Government to an individual other than an employee or member of a uniformed service, the rates and charges therefor shall be determined in accordance with this Section. The amounts of payment of the rates and charges shall be credited to the Government as provided by law. Section 5911(e) provides the head of an agency may not require an employee or member of a uniformed service to occupy quarters on a rental basis, unless the agency head determines that necessary service cannot be rendered, or that property of the Government cannot adequately be protected, otherwise. Section 5911(f) states the President may prescribe regulations governing the provision, occupancy, and availability of quarters and facilities, the determi nation of rates and charges therefor, and other related matters, necessary and appropriate to carry out this Section. The head of each agency may prescribe regulations, not inconsistent with the regulations of the President, necessary and appropriate to carry out the functions of the agency head under this Section. Section 5911(g) provides subsection (c) of this Section does not repeal or modify any provision of statute authorizing the provision of quarters or facilities, either without charge or at rates or charges specifically fixed by statute. Quarters in Government Owned or Rented Building; Employees in Foreign Countries Section 5912 states under regulations prescribed by the head of the agency concerned and approved by the President, an employee who is a citizen of the U.S. permanently stationed in a foreign country may be furnished, without cost to him or her, living quarters, including heat, fuel, and light, in a Government owned or rented building. The rented quarters may be furnished only within the limits of appropriations made therefor. Official Residence Expenses Section 5913(a) provides for the purpose of this section, "agency" has the meaning given it by Section 5721 of this Title. Section 5913(b) states under such regulations as the President may prescribe, funds available to an agency for administrative expenses may be allotted to posts in foreign countries to defray the unusual expenses incident to the operation and maintenance of official residences suitable for: (1) the chief representatives of the U.S. at the posts; and (2) such other senior officials of the Government of the U.S. as the President may designate. Subchapter III - Overseas Differentials and Allowances Definitions Section 5921 provides for the purpose of this subchapter: (1) "Government" means the Government of the U.S.; (2) "agency" means an Executive agency and the Library of Congress, but does not include a Government controlled corpo ration; (3) "employee" means an employee in or under an agency and more specifically defined by regulations prescribed by the President; (4) "U.S.", when used in a geographical sense, means the several States and the District of Columbia; (5) "continental U.S." means the several States and the District of Columbia, but does not include Alaska or Hawaii; and (6) "foreign area" means: (A) the Trust Territory of the Pacific Islands; and (B) any other area outside the U.S., the Commonwealth of Puerto Rico, the Canal Zone, and territories and possessions of the U.S. General Provisions Section 5922(a) states notwithstanding Section 5536 of this Title and except as otherwise provided by this subchapter, the allowances and differentials authorized by this subchapter may be granted to an employee officially stationed in a foreign area: (1) who is a citizen of the U.S.; and (2) whose rate of basic pay is fixed by statute or, without taking into consideration the allowances and differentials provided by this subchapter, is fixed by administrative action pursuant to law or is fixed administratively in conformity with rates paid by the Government for work of a comparable level of difficulty and responsibility in the continental U.S. To the extent authorized by a provision of statute other than this subchapter, the allowances and differentials provided by this subchapter may be paid to an employee officially stationed in a foreign area who is not a citizen of the U.S. Section 5922(b) provides allowances granted under this subchapter may be paid in advance, or advance of funds may be made therefor, through the proper disbursing official in such sums as are considered advisable in consideration of the need and the period of time during which expenditures must be made in advance by the employee. An advance of funds not subsequently covered by allowances accrued to the employee under this subchapter is recoverable by the Government by: (1) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and (2) such other method as is provided by law for the recovery of amounts owing to the Government. The head of the agency concerned, under regulations of the President, may waive in whole or in part a right of recovery under this subsection, if it is shown that the recovery would be against equity and good conscience or against the public interest. Section 5922(c) states the allowances and differentials authorized by this subchapter shall be paid under regulations prescribed by the President governing: (1) payments of the allowances and differentials and the respective rates at which the payments are made; (2) the foreign areas, the groups of positions, and the categories of employees to which the rates apply; and (3) other related matters. Quarter Allowances Section 5923(1) provides when Government owned or rented quarters are not provided without charge for an employee in a foreign area, one or more of the following quarters allowances may be granted when applicable a temporary lodging allowance for the reasonable cost of temporary quarters incurred by the employee and his or her family: (A) for a period not in excess of three months after first arrival at a new post of assignment in a foreign area or a period ending with the occupation of residence quarters, whichever is shorter; and (B) for a period of not more than one month immediately before final departure from the post after the necessary evacuation of residence quarters. Section 5923(2) states when Government owned or rented quarters are not provided without charge for an employee in a foreign area, one or more of the following quarters allowances may be granted when applicable a living quarters allowance for rent, heat, light, fuel, gas, electricity, and water, without regard to Section 529 of Title 31. Section 5923(3) provides when Government owned or rented quarters are not provided without charge for an employee in a foreign area, one or more of the following quarters allowances may be granted when applicable u nder unusual circumstances, payment or reimbursement for extraordinary, necessary, and reasonable expenses, not otherwise compensated for, incurred in initial repairs, alterations, and improvements to the privately leased residence of an employee at a post of assignment in a foreign area, if: (A) the expenses are administratively approved in advance; and (B) the duration and terms of the lease justify payment of the expenses by the Government. Cost-of-Living Allowances Section 5924(1) states the following cost-of-living allowances may be granted, when applicable, to an employee in a foreign area: a post allowance to offset the difference between the cost of living at the post of assignment of the employee in a foreign area and the cost of living in the District of Columbia. Section 5924(2) provides the following cost-of-living allowances may be granted, when applicable, to an employee in a foreign area: a transfer allowance for extraordinary, necessary, and reasonable expenses, not otherwise compensated for, incurred by an employee incident to establishing himself at a post of assignment in: (A) a foreign area; or (B) the U.S. between assignments to posts in foreign areas. Section 5924(3) states the following cost-of-living allowances may be granted, when applicable, to an employee in a foreign area a separate maintenance allowance to assist an employee who is compelled, because of dangerous, notably unhealthful, or excessively adverse living conditions at his post of assignment in a foreign area, or for the convenience of the Government, to meet the additional expense of maintaining, elsewhere than at the post, his wife or his dependents, or both. Section 5924(4)(A) provides the following cost-of-living allowances may be granted, when applicable, to an employee in a foreign area: an education allowance or payment of travel costs to assist an employee with the extraordinary and necessary expenses, not otherwise compensated for, incurred because of his or her service in a foreign area or foreign areas in providing adequate education for his or her dependents, as follows: an allowance not to exceed the cost of obtaining such elementary and secondary educational services as are ordinarily provided without charge by the public schools in the U.S., plus, in those cases when adequate schools are not available at the post of the employee, board and room, and periodic transportation between that post and the nearest locality where adequate schools are available, without regard to Section 529 of Title 31. The amount of the allowance granted shall be determined on the basis of the educational facility used. Section 5924(4)(B) states the following cost-of-living allowances may be granted, when applicable, to an employee in a foreign area: an education allowance or payment of travel costs to assist an employee with the extraordinary and necessary expenses, not otherwise compensated for, incurred because of his or her service in a foreign area or foreign areas in providing adequate education for his or her dependents, as follows: the travel expenses of dependents of an employee to and from a school in the U.S. to obtain an American secondary or undergraduate college education, not to exceed one trip each way for each dependent for the purpose of obtaining each type of education. An allowance payment under subparagraph (A) of this paragraph (4) may not be made for a dependent during the 12 months following his or her arrival in the U.S. for secondary education under authority contained in this subparagraph (B). Notwithstanding Section 5921(6) of this Title, travel expenses, for the purpose of obtaining undergraduate college education, may be authorized under this subparagraph (B), under such regulations as the President may prescribe, for dependents of employees who are citizens of the U.S. stationed in the Canal Zone. Post Differentials Section 5925 provides a post differential may be granted on the basis of conditions of environment which differ substantially from conditions of environment in the continental U.S. and warrant additional pay as a recruitment and retention incentive. A post differential may be granted to an employee officially stationed in the U.S. who is on extended detail in a foreign area. A post differential may not exceed 25% of the rate of basic pay. Subchapter IV - Miscellaneous Allowances Allowances Based on Living Costs and Conditions of Environment; Employees Stationed Outside Continental U.S. or in Alaska Section 5941(a) states appropriations or funds available to an Executive agency, except a Government controlled corporation, for pay of employees stationed outside the continental U.S. or in Alaska whose rates of basic pay are fixed by statute, are available for allowances to these employees. The allowance is based on: (1) living costs substantially higher than in the District of Columbia; (2) conditions of environment which differ substantially from conditions of environment in the continental U.S. and warrant an allowance as a recruitment incentive; or (3) both of these factors. The allowance may not exceed 25% of the rate of basic pay. Except as otherwise specifically authorized by statute, the allowance is paid only in accordance with regulations prescribed by the President establishing the rates and defining the area, groups of positions, and classes of employees to which each rate applies. Section 5941(b) provides an employee entitled to a cost-of-living allowance under Section 5924 of this Title may not be paid an allowance under subsection (a) of this Section based on living costs substantially higher than in the District of Columbia. Foreign Currency Appreciation Allowances Section 5943(a) states the President, under such regulations as he may prescribe and on recommendation of the Dir. of the Bureau of the Budget, may meet losses sustained by employees and members of the uniformed services while serving in a foreign country due to the appreciation of foreign currency in its relation to the American dollar. Allowances and expenditures under this Section are not subject to income taxes. Section 5943(b) provides annual appropriations are authorized to carry out subsection (a) of this Section and to cover any deficiency in the accounts of the Sec. of Treasury, including interest, arising out of the arrangement approved by the President on 7/27/33, for the conversion into foreign currency of checks and drafts of employees and members of the uniformed services for pay and expenses. Section 5943(c) states payment under subsection (a) of this Section may not be made to an employee or member of a uniformed service for a period during which his or her check or draft was converted into foreign currency under the arrangement referred to by subsection (b) of this Section. Section 5943(d) provides the Dir. of the Bureau of the Budget shall report annually to Congress all expenditures made under this Section. Illness and Burial Expenses; Native Employees in Foreign Countries Section 5944(a) states the head of an Executive department or military department which maintains a permanent staff of employees in foreign countries may pay the burial expenses and expenses in connection with the last illness and death of a native employee of his or her department in a country in which the Sec. of State determines it is customary for employers to pay these expenses. Payment of these expenses may not exceed $100 in any one case. Section 5944(b) provides the head of an Executive department or military department which maintains a permanent staff of employees in foreign countries in which the custom referred to by subsection (a) of this Section does not exist, on finding that the immediate family of the deceased is destitute, may pay such of the expenses referred to by subsection (a) of this Section within the limitations in that subsection to the family, heirs at law, or persons responsible for the debts of the deceased, as the employee in charge of the office abroad in which the deceased was employed considers proper. Section 5944(c) states payments under this Section are made from appropriations available to the department concerned for miscellaneous or contingent expenses. Notary Public Commission Expenses Section 5945 provides an employee as defined by Section 2105 of this Title or an individual employed by the government of the District of Columbia who is required to serve as a notary public in connection with the performance of official business is entitled to an allowance, established by the agency concerned, not in excess of the expense required to obtain the commission. Funds available to an agency concerned for personal services or general administrative expenses are available to carry out this Section. Membership Fees; Expenses of Attendance at Meetings; Limitations Section 5946 states except as authorized by a specific appropriation, by express terms in a general appropriation, or by Sections 4109 and 4110 of this Title, appropriated funds may not be used for payment of: (1) membership fees or dues of an employee as defined by Section 2105 of this Title or an individual employed by the government of the District of Columbia in a society or association; or (2) expenses of attendance of an individual at meetings or conventions of members of a society or association. This Section does not prevent the use of appropriations for the USDA for expenses incident to the delivery of lectures, the giving of instructions, or the acquiring of information at meetings by its employees on subjects relating to the authorized work of the department. Subpart E - Attendance and Leave Chapter 61 - Hours of Work Basic 40-hour Workweek; Work Schedules; Regulations Section 6101(a) provides the head of each Executive agency, military department, and of the government of the District of Columbia shall: (1) establish a basic administrative workweek of 40 hours for each full-time employee in his organization; and (2) require that the hours of work within that workweek be performed within a period of not more than six of any seven consecutive days. Section 6101(b) provides except when the head of an Executive agency, a military department, or of the government of the District of Columbia deter mines that his or her organization would be seriously handicapped in carrying out its functions or that costs would be substantially increased, he or she shall provide, with respect to each employee in his or her organization, that: (1) assignments to tours of duty are scheduled in advance over periods of not less than one week; (2) the basic 40-hour workweek is scheduled on five days, Monday through Friday when possible, and the two days outside the basic workweek are consecutive; (3) the working hours in each day in the basic workweek are the same; (4) the basic non-overtime workday may not exceed eight hours; (5) the occurrence of holidays may not affect the designation of the basic workweek; and (6) breaks in working hours of more than one hour may not be scheduled in a basic workday. Section 6101(d) states for the purpose of this Section, "employee" includes an individual employed by the government of the District of Columbia, but does not include an employee or individual excluded from the definition of employee in Section 5541(2) of this Title. Section 6101(e) provides the Civil Service Commission may prescribe regulations, subject to the approval of the President, necessary for the administration of this Section insofar as this Section affects employees in or under an Executive agency. Eight-Hour Day; 40-Hour Workweek; Wage-Board Employees Section 6102 states the regular hours of work for an employee whose basic rate of pay is fixed and adjusted from time to time in accordance with prevailing rates by a wage board or similar administrative authority serving the same purpose are established at not more than eight a day or 40 a week. However, work in excess of these hours is permitted when administratively determined to be in the public interest. Holidays Section 6103(a) provides the following are legal public holidays: 1/1, New Year's Day; 2/22, Washington's Birthday; 5/30, Memorial Day; 7/ 4, Independence Day; the first Monday in September, Labor Day; 11/11, Veterans Day; the fourth Thursday in November, Thanksgiving Day; and 12/25, Christmas. Section 6103(b) states for the purpose of statutes relating to pay and leave of employees, with respect to a legal public holiday and any other day dec lared to be a holiday by Federal statute or Executive order, the following rules apply: (1) instead of a holiday that occurs on a Saturday, the Friday immediately before is a legal public holiday for: (A) employees whose basic workweek is Monday through Friday; and (B) the purpose of Section 6309 of this Title; (2) instead of a holiday that occurs on a regular weekly non-workday of an employee whose basic workweek is other than Monday through Friday, except the regular weekly non-workday administratively scheduled for the employee instead of Sunday, the workday immediately before that regular weekly non-workday is a legal public holiday for the employee. This subsection, except subparagraph (B) of paragraph (1), does not apply to an employee whose basic workweek is Monday through Saturday. Section 6103(c) provides 1/20 of each fourth year after 1965, Inauguration Day, is a legal public holiday for the purpose of statutes relating to pay and leave of employees as defined by Section 2105 of this Title and individuals employed by the government of the District of Columbia employed in the District of Columbia, Montgomery and Prince Georges Counties in Maryland, Arlington and Fairfax Counties in Virginia, and the cities of Alexandria and Falls Church in Virginia. When 1/20 of any fourth year after 1965 falls on Sunday, the next succeeding day elected for the public observance of the inauguration of the President is a legal public holiday for the purpose of this subsection. Holiday ; Daily, Hourly, and Piece-Work Basis Employees Section 6104 states when a regular employee as defined by Section 2105 of this Title or an individual employed regularly by the government of the District of Columbia, whose pay is fixed at a daily or hourly rate, or on a piece- work basis, is relieved or prevented from working on a day: (1) on which agencies are closed by Executive order, or, for individuals employed by the government of the District of Columbia, by order of the Board of Commissioners; (2) by administrative order under regulations issued by the President, or, for individuals employed by the government of the District of Columbia, by the Board of Commissioners; or (3) solely because of the occurrence of a legal public holiday under Section 6103 of this Title, or a day declared a holiday by Federal statute, Executive order, or, for individuals employed by the government of the District of Columbia, by order of the Board of Commissioners; he or she is entitled to the same pay for that day as for a day on which an ordinary day's work is performed. Closing of Executive Departments Section 6105 provides an Executive department may not be closed as a mark to the memory of a deceased former official of the U.S. Time Clocks; Restrictions Section 6106 states a recording clock may not be used to record time of an employee of an Executive department in the District of Columbia. Chapter 63 - Leave Subchapter I - Annual and Sick Leave Definitions Section 6301 provides for the purpose of this subchapter: (1) "U.S.", when used in a geographical sense, means the several States and the District of Columbia; and (2) "employee" means: (A) an employee as defined by Section 2105 of this Title; and (B) an individual employed by the government of the District of Columbia; but does not include: (i) a teacher or librarian of the public schools of the District of Columbia; (ii) a part-time employee, except an hourly employee in the postal field service, who does not have an established regular tour of duty during the administrative workweek; (iii) a temporary employee engaged in construction work at an hourly rate; (iv) an employee of the Canal Zone Government or the Panama Canal Company when employed on the Isthmus of Panama; (v) a physician, dentist, or nurse in the Dept. of Medicine and Surgery, Veterans' Administration; (vi) an employee of either House of Congress or of the two Houses; (vii) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors; (viii) an alien employee who occupies a position outside the U.S., except as provided by Section 6310 of this Title; (ix) a "teacher" or an individual holding a "teaching position" as defined by Section 901 of Title 20; (x) an officer in the executive branch or in the government of the District of Columbia who is appointed by the President and whose rate of basic pay exceeds the highest rate payable under Section 5332 of this Title; (xi) an officer in the executive branch or in the government of the District of Columbia who is designated by the President, except a postmaster, U.S. attorney, or U.S. marshal; or (xii) an officer who receives pay under Section 866 of Title 22. General Provisions Section 6302(a) states the days of leave provided by this subchapter are days on which an employee would otherwise work and receive pay and are exclusive of holidays and non-workdays established by Federal statute, Executive order, or administrative order. Section 6302(b) provides for the purpose of this subchapter an employee is deemed employed for a full biweekly pay period if he is employed during the d ays within that period, exclusive of holidays and non-workdays established by Federal statute, Executive order, or administrative order, which fall within his basic administrative workweek. Section 6302(c) states a part-time employee, unless otherwise excepted, is entitled to the benefits provided by subsection (d) of this Section and Sections 6303, 6304(a), (b), 6305(a), 6307, and 6310 of this Title on a pro rata basis. Section 6302(d) provides the annual leave provided by this subchapter, including annual leave that will accrue to an employee during the year, may be granted at any time during the year as the head of the agency concerned may prescribe. Section 6302(e) states if an officer excepted from this subchapter by Section 6301(2)(x)-(xii)of this Title, without a break in service, again becomes sub ject to this subchapter on completion of his service as an excepted officer, the unused annual and sick leave standing to his or her credit when he or she was excepted from this subchapter is deemed to have remained to his or her credit. Annual Leave; Accrual Section 6303(a) provides an employee is entitled to annual leave with pay which accrues as follows: (1) ½ day for each full biweekly pay period for an em ployee with less than three years of service; (2) ¾ day for each full biweekly pay period, except that the accrual for the last full biweekly pay period in the year is 1¼ days, for an employee with three but less than 15 years of service; and (3) one day for each full biweekly pay period for an employee with 15 or more years of service. In determining years of service, an employee is entitled to credit for all service creditable under Section 8332 of this Title for the purpose of an annuity under subchapter III of Chapter 83 of this Title. However, an employee who is a retired member of a uniformed service as defined by Section 3501 of this Title is entitled to credit for active military service only if: (A) his or her retirement was based on disability: (i) resulting from injury or disease received in line of duty as a direct result of armed conflict; or (ii) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by Sections 101 and 301 of Title 38; (B) that service was performed in the armed forces during a war, or in a campaign or expedition for which a campaign badge has been authorized; or (C) on 11/30/64, he or she was employed in a position to which this subchapter applies and thereafter he or she continued to be so employed without a break in service of more than 30 days. The determination of years of service may be made on the basis of an affidavit of the employee. Leave provided by this subchapter accrues to an employee who is not paid on the basis of biweekly pay periods on the same basis as it would accrue if the employee were paid on the basis of biweekly pay periods. Section 6303(b) states notwithstanding subsection (a) of this Section, an employee is entitled to annual leave under this subchapter only after being cur rently employed for a continuous period of 90 days under one or more appointments without a break in service. After completing the 90 day period, the employee is entitled to be credited with the leave that would have accrued to him or her under subsection (a) of this Section except for this subsection. Section 6303(c) provides a change in the rate of accrual of annual leave by an employee under this Section takes effect at the beginning of the pay period after the pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, in which the employee completed the prescribed period of service. Section 6303(d) states leave granted under this subchapter is exclusive of time actually and necessarily occupied in going to or from a post of duty and time necessarily occupied awaiting transportation, in the case of an employee: (1) to whom Section 6304(b) of this Title applies; (2) whose post of duty is outside the U.S.; and (3) who returns on leave to the U.S., or to his or her place of residence, which is outside the area of employment, in its territories or possessions including the Commonwealth of Puerto Rico. This subsection does not apply to more than one period of leave in a prescribed tour of duty at a post outside the U.S. Annual Leave; Accumulation Section 6304(a) provides except as provided by subsection (b) of this Section, annual leave provided by Section 6303 of this Title, which is not used by an employee, accumulates for use in succeeding years until it totals not more than 30 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year. Section 6304(b) states annual leave not used by an employee of the Government of the U.S. in one of the following classes of employees stationed outside the U.S. accumulates for use in succeeding years until it totals not more than 45 days at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year: (1) individuals directly recruited or transferred by the Government of the U.S. from the U.S. or its territories or possessions including the Commonwealth of Puerto Rico for employment outside the area of recruitment or from which transferred; (2) individuals employed locally but: (A)(i) who were originally recruited from the U.S. or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment; (ii) who have been in substantially continuous employment by other agencies of the U.S., U.S. firms, interests, or organizations, international organizations in which the U.S. participates, or foreign governments; and (iii) whose conditions of employment provide for their return transportation to the U.S. or its territories or possessions including the Commonwealth of Puerto Rico; or (B)(i) who were at the time of employment temporarily absent, for the purpose of travel or formal study, from the U.S., or from their respective places of residence in its territories or possessions including the Commonwealth of Puerto Rico; and (ii) who, during the temporary absence, have maintained residence in the U.S. or its territories or possessions including the Commonwealth of Puerto Rico but outside the area of employment; (3) individuals who are not normally residents of the area concerned and who are discharged from service in the armed forces to accept employment with an agency of the Government of the U.S. Section 6304(c) provides annual leave in excess of the amount allowable: (1) under subsection (a) or (b) of this Section which was ac cumulated under earlier statute; or (2) under subsection (a) of this Section which was accumulated under subsection (b) of this Section by an employee who becomes subject to subsection (a) of this Section; remains to the credit of the employee until used. The excess annual leave is reduced at the beginning of the first full biweekly pay period, or corresponding period for an employee who is not paid on the basis of biweekly pay periods, occurring in a year, by the amount of annual leave the employee used during the preceding year in excess of the amount which accrued during that year, until the employee's accumulated leave does not exceed the amount allowed under subsection (a) or (b) of this Section, as appropriate. Annual Leave; Refund of Lump-Sum Payment; Recredit of Annual Leave Section 6306(a) states when an individual who received a lump-sum payment for leave under Section 5551 of this Title is reemployed before the end of the period covered by the lump-sum payment in or under the Government of the U.S. or the government of the District of Columbia, except in a position excepted from this subchapter by Section 6301(2)(ii), (iii), (vi), or (vii) of this Title, he or she shall refund to the employing agency an amount equal to the pay covering the period between the date of reemployment and the expiration of the lump-sum period. Section 6306(b) provides an amount refunded under subsection (a) of this Section shall be deposited in the Treasury of the U.S. to the credit of the employing agency. When an individual is reemployed under the same leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him or her in the employing agency. When an individual is reemployed under a different leave system, an amount of leave equal to the leave represented by the refund shall be recredited to him or her in the employing agency on an adjusted basis under regulations prescribed by the Civil Service Commission. When an individual is reemployed in a position excepted from this subchapter by Section 6301(2)(x)-(xii) of this Title, an amount of leave equal to the leave represented by the refund is deemed, on separation from the service, death, or transfer to another position in the service, to have remained to his or her credit. Sick Leave; Accrual and Accumulation Section 6307(a) states an employee is entitled to sick leave with pay which accrues on the basis of ½ day for each full biweekly pay period, except that sick leave with pay accrues to a member of the Firefighting Division of the Fire Department of the District of Columbia on the basis of 2/5 of a day for each full biweekly pay period. Section 6307(b) provides sick leave provided by this Section, which is not used by an employee, accumulates for use in succeeding years. Section 6307(c) states when required by the exigencies of the situation, a maximum of 30 days sick leave with pay may be advanced for serious disability or ailment, except that a maximum of 24 days sick leave with pay may be advanced to a member of the Firefighting Division of the Fire Department of the District of Columbia. Transfers between Positions under Different Leave Systems Section 6308 provides the annual and sick leave to the credit of an employee who transfers between positions under different leave systems without a break in service shall be transferred to his credit in the employing agency on an adjusted basis under regulations prescribed by the Civil Service Commission, unless the individual is excepted from this subchapter by Section 6301(2)(ii), (iii), (vi), or (vii) of this Title. However, when a former member receiving a retirement annuity under Sections 521-535 of Title 4, District of Columbia Code, is reemployed in a position to which this subchapter applies, his or her sick leave balance may not be recredited to his or her account on the later reemployment. Leave of Absence; Aliens Section 6310 states the head of the agency concerned may grant leave of absence with pay, not in excess of the amount of annual and sick leave allowable to citizen employees under this subchapter, to alien employees who occupy positions outside the U.S. Regulations Section 6311 provides the Civil Service Commission may prescribe regulations necessary for the administration of this subchapter. Subchapter II - Other Paid Leave Absence of Veterans to Attend Funeral Services Section 6321 states an employee in or under an Executive agency who is a veteran of a war, or of a campaign or expedition for which a campaign badge has been authorized, or a member of an honor or ceremonial group of an organization of those veterans, may be excused from duty without loss of pay or deduction from annual leave for the time necessary, not to exceed four hours in any one day, to enable him or her to participate as an active pallbearer or as a member of a firing squad or a guard of honor in a funeral ceremony for a member of the armed forces whose remains are returned from abroad for final interment in the U.S. Leave for Jury Service Section 6322 provides except as provided by Section 5515 of this Title, the pay of an employee as defined by Section 2105 of this title or an individual employed by the government of the District of Columbia may not be reduced during a period of absence for jury service in a State court or a court of the U.S. because of the absence. The period of absence for jury service is without deduction from other leave of absence authorized by statute. Military Leave; Reserves and National Guardsmen Section 6323(a) states an employee as defined by Section 2105 of this Title (except a substitute in the postal field service) or an individual employed by the government of the District of Columbia, permanent or temporary indefinite, is entitled to leave without loss of pay, time, or performance or efficiency rating for each day, not in excess of 15 days in a calendar year, in which the employee is on active duty or is engaged in field or coast defense training under Sections 502-505 of Title 32 as a Reserve of the armed forces or member of the National Guard. Subpart F - Employee Relations Chapter 71 - Policies Subchapter II - Antidiscrimination in Employment Policy Section 7151 provides it is the policy of the U.S. to insure equal employment opportunities for employees without discrimination because of race, color, religion, sex, or national origin. The President shall use his existing authority to carry out this policy. Martial Status Section 7152 states the President may prescribe rules which shall prohibit, as nearly as conditions of good administration warrant, discrimination because of marital status in an Executive agency or in the competitive service. Physical Handicap Section 7153 provides the President may prescribe rules which shall prohibit, as nearly as conditions of good administration warrant, discrimination because of physical handicap in an Executive agency or in the competitive service with respect to a position the duties of which, in the opinion of the Civil Service Commission, can be performed efficiently by an individual with a physical handicap, except that the employment may not endanger the health or safety of the individual or others. Other Prohibitions Section 7154(a) states the head of an Executive department or military department may appoint qualified women to positions in the department with the legal pay of the positions to which appointed. Section 7154(b) provides in the administration of Chapter 51, subchapter III of Chapter 53, and Sections 305 and 3324 of this Title, discrimination because of race, color, creed, sex, or marital status is prohibited with respect to an individual or a position held by an individual. Section 7154(c) states the Civil Service Commission may prescribe regulations necessary for the administration of subsection (b) of this Section. Chapter 73 - Suitability, Security, and Conduct Subchapter I - Regulation of Conduct Presidential Regulations Section 7301 provides the President may prescribe regulations for the conduct of employees in the executive branch. Subchapter II - Loyalty, Security, and Striking Loyalty and Striking Section 7311 states an individual may not accept or hold a position in the Government of the U.S. or the government of the District of Columbia if he or she: (1) advocates the overthrow of our constitutional form of government; (2) is a member of an organization that he or she knows advocates the overthrow of our constitutional form of government; (3) participates in a strike, or asserts the right to strike, against the Government of the U.S. or the government of the District of Columbia; or (4) is a member of an organization of employees of the Government of the U.S. or of individuals employed by the government of the District of Columbia that he or she knows asserts the right to strike against the Government of the U.S. or the government of the District of Columbia. Employment and Clearance; Individuals Removed for National Security Section 7312 provides removal under Section 7532 of this Title does not affect the right of an individual so removed to seek or accept employment in an agency of the U.S. other than the agency from which removed. How ever, the appointment of an individual so removed may be made only after the head of the agency concerned has consulted with the Civil Service Commission. The Commission, on written request of the head of the agency or the individual so removed, may determine whether the individual is eligible for employment in an agency other than the agency from which removed. Subchapter III - Political Activities Political Contributions and Services Section 7321 states the President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, that an employee in an Executive agency or in the competitive service is not obliged, by reason of that employment, to contribute to a political fund or to render political service, and that he or she may not be removed or otherwise prejudiced for refusal to do so. Political Use of Authority or Influence; Prohibition Section 7322 provides the President may prescribe rules which shall provide, as nearly as conditions of good administration warrant, an employee in an Executive agency or in the competitive service may not use his or her official authority or influence to coerce the political action of a person or body. Political Contributions; Prohibition Section 7323 states an employee in an Executive agency (except one appointed by the President, by and with the advice and consent of the Senate) may not request or receive from, or give to, an employee, a Member of Con gress, or an officer of a uniformed service a thing of value for political purposes. An employee who violates this section shall be removed from the service. Influencing Election; Taking Part in Political Campaigns; Prohibitions; Exceptions Section 7324(a) provides an employee in an Executive agency or an individual employed by the government of the District of Columbia may not: (1) use his or her official authority or influence for the purpose of interfering with or affecting the result of an election; or (2) take an active part in political management or in political campaigns. For the purpose of this subsection, the phrase "an active part in political management or in political campaigns" means those acts of political management or political campaigning which were prohibited on the part of employees in the competitive service before 7/19/40, by determinations of the Civil Service Commission under the rules prescribed by the President. Section 7324(b) states an employee or individual to whom subsection (a) of this Section applies retains the right to vote as he or she chooses and to express his or her opinion on political subjects and candidates. Section 7324(c) provides subsection (a) of this Section does not apply to an individual employed by an educational or research institution, establishment, agency, or system which is supported in whole or in part by the District of Columbia or by a recognized religious, philanthropic, or cultural organization. Section 7324(d) states subsection (a)(2) of this Section does not apply to: (1) an employee paid from the appropriation for the office of the President; (2) the head or the assistant head of an Executive department or military department; (3) an employee appointed by the President, by and with the advice and consent of the Senate, who determines policies to be pursued by the U.S. in its relations with foreign powers or in the nationwide administration of Federal laws; (4) the Commissioners of the District of Columbia; or (5) the Recorder of Deeds of the District of Columbia. Penalties Section 7325 provides an employee or individual who violates Section 7324 of this Title shall be removed from his or her position, and funds appropriated for the position from which removed thereafter may not be used to pay the employee or individual. However, if the Civil Service Commission finds by unanimous vote that the violation does not warrant removal, a penalty of not less than 30 days' suspension without pay shall be imposed by direction of the Commission. Nonpartisan Political Activity Permitted Section 7326 states Section 7324(a)(2) of this Title does not prohibit political activity in connection with: (1) an election and the preceding campaign if none of the candidates is to be nominated or elected at that election as representing a party any of whose candidates for presidential elector received votes in the last preceding election at which presidential electors were selected; or (2) a question which is not specifically identified with a National or State political party or political party of a territory or possession of the U.S. For the purpose of this Section, questions relating to constitutional amendments, referendums, approval of municipal ordinances, and others of a similar character, are deemed not specifically identified with a National or State political party or political party of a territory or possession of the U.S. Political Activity Permitted; Employees Residing in Certain Municipalities Section 7327(a) provides Section 7324(a)(2) of this Title does not apply to an employee of The Alaska Railroad who resides in a municipality on the line of the railroad in respect to political activities involving that municipality. Section 7327(b) states the Civil Service Commission may prescribe regulations permitting employees and individuals to whom Section 7324 of this Title applies to take an active part in political management and political campaigns involving the municipality or other political subdivision in which they reside, to the extent the Commission considers it to be in their domestic interest, when: (1) the municipality or political subdivision is in Maryland or Virginia and in the immediate vicinity of the District of Columbia, or is a municipality in which the majority of voters are employed by the Government of the U.S.; and (2) the Commission determines that because of special or unusual circumstances which exist in the municipality or political subdivision it is in the domestic interest of the employees and individuals to permit that political participation. Subchapter IV - Foreign Decorations Receipt and Display of Foreign Decorations Section 7341 provides a present, decoration, or other thing presented or conferred by a foreign government to an employee, a Member of Congress, the President, or a member of a uniformed service shall be tendered through the Dept. of State and not to the individual in person. The Dept. may deliver the present, decoration, or thing to the individual in person only if authorized by statute. After delivery is authorized by statute, the individual may not publicly show or wear the present, decoration, or thing. The Sec. of State shall furnish the 89th Congress and each alternate Congress thereafter a list of retired individuals for whom the Dept. of State is holding a present, decoration, or thing under this Section. Subchapter V - Misconduct Gifts to Superiors Section 7351 states an employee may not: (1) solicit a contribution from another employee for a gift to an official superior; (2) make a donation as a gift to an official superior; or (3) accept a gift from an employee receiving less pay than himself or herself. An employee who violates this Section shall be removed from the service. Excessive and Habitual Use of Intoxicants Section 7352 provides an individual who habitually uses intoxicating beverages to excess may not be employed in the competitive service. Chapter 75 - Adverse Actions Subchapter I - Competitive Services Cause; Procedure; Exception Section 7501(a) states an individual in the competitive service may be removed or suspended without pay only for such cause as will promote the efficiency of the service. Section 7501(b) provides an individual in the competitive service whose removal or suspension without pay is sought is entitled to reasons in writing and to: (1) notice of the action sought and of any charges preferred against him or her; (2) a copy of the charges; (3) a reasonable time for filing a written answer to the charges, with affidavits; and (4) a written decision on the answer at the earliest practicable date. Subchapter II - Preference Eligibles Definitions Section 7511(1) states for the purpose of this subchapter: "preference eligible employee" means a permanent or indefinite preference eligible who has completed a probationary or trial period as an employee of an Executive agency or as an individual employed by the government of the District of Columbia, but does not include an employee whose appointment is required by Congress to be confirmed by, or made with the advice and consent of, the Senate, except an employee whose appointment is made under Section 3311 of Title 39. Section 7511(2) provides "adverse action" means a removal suspension for more than 30 days, furlough without pay, or reduction in rank or pay. Cause; Procedure; Exception Section 7512(a) states an agency may take adverse action against a preference eligible employee, or debar him or her for future appointment, only for such cause as will promote the efficiency of the service. Section 7512(b) provides a preference eligible employee against whom adverse action is proposed is entitled to: (1) at least 30 days' advance written notice, except when there is reasonable cause to believe him or her guilty of a crime for which a sentence of imprisonment can be imposed, stating any and all reasons, specifically and in detail, for the proposed action; (2) a reasonable time for answering the notice personally and in writing and for furnishing affidavits in support of the answer; and (3) a notice of an adverse decision. Section 7512(c) states this Section does not apply to the suspension or removal of a preference eligible employee under Section 7532 of this Title. Subchapter III - Hearing Examiners Removal Section 7521 states a hearing examiner appointed under Section 3105 of this Title may be removed by the agency in which he or she is employed only for good cause established and determined by the Civil Service Commission on the record after opportunity for hearing. Chapter 77 - Appeals Appeals of Preference Eligibles Section 7701 provides a preference eligible employee as defined by Section 7511 of this Title is entitled to appeal to the Civil Service Commission from an adverse decision under Section 7512 of this Title of an administrative authority so acting. The employee shall submit the appeal in writing within a reasonable time after receipt of notice of the adverse decision, and is entitled to appear personally or through a representative under regulations prescribed by the Commission. The Commission, after investigation and consideration of the evidence submitted, shall submit its findings and recommendations to the administrative authority and shall send copies of the findings and recommendations to the appellant or his or her representative. The administrative authority shall take the corrective action that the Commission finally recommends. Chapter 79 - Services to Employees Health Service Programs Section 7901(a) states the head of each agency of the Government of the U.S. may establish, within the limits of appropriations available, a health service program to promote and maintain the physical and mental fitness of employees under his or her jurisdiction. Section 7901(b) provides a health service program may be established by contract or otherwise, but only: (1) after consultation with the Public Health Service and consideration of its recommendations; and (2) in localities where there are a sufficient number of employees to warrant providing the service. Section 7901(c) states a health service program is limited to: (1) treatment of on-the-job illness and dental conditions requiring emergency attention; (2) pre-employment and other examinations; (3) referral of employees to private physicians and dentists; and (4) preventive programs relating to health. Section 7901(d) provides the Public Health Service, on request, shall review a health service program conducted under this Section and shall submit com ment and recommendations to the head of the agency concerned. Section 7901(e) states when this Section authorizes the use of the professional services of physicians, that authorization includes the use of the professional services of surgeons and osteopathic practitioners within the scope of their practice as defined by State law. Section 7901(f) provides the health programs conducted by the following agencies are not affected by this Section: (1) the Tennessee Valley Authority; (2) the Canal Zone Government; and (3) the Panama Canal Company. Safety Programs Section 7902(a) states for the purpose of this Section: (1) "employee" means an employee as defined by Section 8101 of this Title; and (2) "agency" means an agency in any branch of the Government of the U.S., including an instrumentality wholly owned by the U.S., and the government of the District of Columbia. Section 7902(b) provides the Sec. of Labor shall carry out a safety program under Section 941(b)(1) of Title 33 covering the employment of each employee of an agency. Section 7902(c) states the President may: (1) establish by Executive order a safety council composed of representatives of the agencies to serve as an advisory body to the Sec. of Labor in furtherance of the safety program carried out by the Sec. of Labor under subsection (b) of this Section; and (2) undertake such other measures as he or she considers proper to prevent injuries and accidents to employees of the agencies. Section 7902(d) provides the head of each agency shall develop and support organized safety promotion to reduce accidents and injuries among employees of his or her agency, encourage safe practices, and eliminate work hazards and health risks. Section 7902(e) states each agency shall: (1) keep a record of injuries and accidents to its employees whether or not they result in loss of time or in the payment or furnishing of benefits; and (2) make such statistical or other reports on such forms as the Sec. of Labor may prescribe by regulation. Subpart G - Insurance and Annuities Chapter 81 - Compensation for Work Injuries Subchapter I - Generally Definitions Section 8101(1) provides for the purpose of this subchapter: "employee" means: (A) a civil officer or employee in any branch of the Government of the U.S., including an officer or employee of an instrumentality wholly owned by the U.S.; (B) an individual rendering personal service to the U.S. similar to the service of a civil officer or employee of the U.S., without pay or for nominal pay, when a statute authorizes the acceptance or use of the service, or authorizes payment of travel or other expenses of the individual; (C) an individual, other than an independent contractor or an individual employed by an independent contractor, employed on the Menominee Indian Reservation in Wisconsin in operations conducted under a statute relating to tribal timber and logging operations on that reservation; (D) an individual employed by the government of the District of Columbia; and (E) an individual appointed to a position on the office staff of a former President under Section 1(b) of the Act of 8/25/58; but does not include: (i) a commissioned officer of the Regular Corps of the Public Health Service; (ii) a commissioned officer of the Reserve Corps of the Public Health Service on active duty; (iii) a commissioned officer of the Coast and Geodetic Survey; or (iv) a member of the Metropolitan Police or the Fire Department of the District of Columbia who is pensioned or pensionable under Sections 521-535 of Title 4, District of Columbia Code. Section 8101(2) states for the purpose of this subchapter: "physician" includes surgeons and osteopathic practitioners within the scope of their practice as defined by State law. Section 8101(3) provides for the purpose of this subchapter: "medical, surgical, and hospital services and supplies" includes services and supplies by osteopathic practitioners and hospitals within the scope of their practice as defined by State law. Section 8101(4) states for the purpose of this subchapter: "monthly pay" means the monthly pay at the time of injury, or the monthly pay at the time disability begins, or the monthly pay at the time compensable disability recurs, if the recurrence begins more than six months after the injured employee resumes regular full-time employment with the U.S., whichever is greater, except when otherwise determined under Section 8113 of this Title with respect to any period. Section 8101(5) provides for the purpose of this subchapter: "injury" includes, in addition to injury by accident, a disease proximately caused by the employment. Section 8101(6) states for the purpose of this subchapter: "widow" means the wife living with or dependent for support on the decedent at the time of his death, or living apart for reasonable cause or because of his desertion. Section 8101(7) provides for the purpose of this subchapter: "parent" includes stepparents and parents by adoption. Section 8101(8) states for the purpose of this subchapter: "brother" and "sister" mean one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and include stepbrothers and step- sisters, half brothers and half sisters, and brothers and sisters by adoption, but do not include married brothers or married sisters. Section 8101(9) provides for the purpose of this subchapter: "child" means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support, and includes stepchildren, adopted children, and posthumous children, but does not include married children. Section 8101(10) states for the purpose of this subchapter: "grandchild" means one who at the time of the death of the employee is under 18 years of age or over that age and incapable of self-support. Section 8101(11) provides for the purpose of this subchapter: "widower" means one who, because of physical or mental disability, was wholly dependent for support on the employee at the time of her death. Section 8101(12) states for the purpose of this subchapter: "compensation" includes the money allowance payable to an employee or his or her dependents and any other benefits paid for from the Employees' Compensation Fund, but this does not in any way reduce the amount of the monthly compensation payable for disability or death. Section 8101(13) provides for the purpose of this subchapter: “war-risk hazard” means a hazard arising during a war in which the U.S. is engaged; during an armed conflict in which the U.S. is engaged, whether or not war has been declared; or during a war or armed conflict between military forces of any origin, occurring in the country in which an individual to whom this subchapter applies is serving; from: (A) the discharge of a missile, including liquids and gas, or the use of a weapon, explosive, or other noxious thing by a hostile force or individual or in combating an attack or an imagined attack by a hostile force or individual; (B) action of a hostile force or individual, including rebellion or insurrection against the U.S. or any of its allies; (C) the discharge or explosion of munitions intended for use in connection with a war or armed conflict with a hostile force or individual; (D) the collision of vessels on convoy or the operation of vessels or aircraft without running lights or without other customary peacetime aids to navigation; or (E) the operation of vessels or aircraft in a zone of hostilities or engaged in war activities. Section 8101(14) states for the purpose of this subchapter: "hostile force or individual" means a nation, a subject of a foreign nation, or an individual serving a foreign nation: (A) engaged in a war against the U.S. or any of its allies; (B) engaged in armed conflict, whether or not war has been declared, against the U.S. or any of its allies; or (C) engaged in a war or armed conflict between military forces of any origin in a country in which an individual to whom this subchapter applies is serving. Section 8101(15) provides for the purpose of this subchapter: "allies" means any nation with which the U.S. is engaged in a common military effort or with which the U.S. has entered into a common defensive military alliance. Section 8101(16) states for the purpose of this subchapter: "war activities" includes activities directly relating to military operations. Compensation for Disability of Death of Employee Section 8102(a) provides the U.S. shall pay compensation as specified by this subchapter for the disability or death of an employee resulting from personal injury sustained while in the performance of his or her duty, unless the injury or death is: (1) caused by willful misconduct of the employee; (2) caused by the employee's intention to bring about the injury or death of himself or herself or of another; or (3) proximately caused by the intoxication of the injured employee. Section 8102(b) states disability or death from a war-risk hazard or during or as a result of capture, detention, or other restraint by a hostile force or individual, suffered by an employee who is employed outside the continental U.S. or in Alaska or in the Canal Zone, is deemed to have resulted from personal injury sustained while in the performance of his or her duty, whether or not the employee was engaged in the course of employment when the disability or disability resulting in death occurred or when he or she was taken by the hostile force or individual. This subsection does not apply to an individual: (1) whose residence is at or in the vicinity of the place of his or her emp1oyment and who was not living there solely because of the exigencies of his or her employment, unless he or she was injured or taken while engaged in the course of his or her employment; or (2) who is a prisoner of war or a protected individual under the Geneva Conventions of 1949 and is detained or utilized by the U.S. This subsection does not affect the payment of compensation under this subchapter derived otherwise than under this subsection, but compensation for disability or death does not accrue for a period for which pay, other benefit, or gratuity from the U.S. accrues to the disabled individual or his or her dependents on account of detention by the enemy or because of the same disability or death, unless that pay, benefit, or gratuity is refunded or renounced. Medical Services and Initial Medical and Other Benefits Section 8103(a) provides the U.S. shall furnish to an employee who is injured while in the performance of duty, the services, appliances, and supplies prescribed or recommended by a qualified physician, which the Sec. of Labor considers likely to cure, give relief, reduce the degree or the period of disability, or aid in lessening the amount of the monthly compensation. These services, appliances, and supplies shall be furnished: (1) whether or not disability has arisen; (2) notwithstanding that the employee has accepted or is entitled to receive benefits under subchapter III of Chapter 83 of this Title; and (3) by or on the order of U.S. medical officers and hospitals, or, when this is not practicable, by or on the order of private physicians and hospitals designated or approved by the Sec. of Labor. The employee may be furnished transportation and may be paid all expenses incident to the securing of these services, appliances, and supplies which the Sec. of Labor considers necessary and reasonable. These expenses, when authorized or approved by the Sec. of Labor, shall be paid from the Employees' Compensation Fund. Section 8103(b) states the Sec. of Labor, under such limitations or conditions as he or she considers necessary, may authorize the employing agencies to provide for the initial furnishing of medical and other benefits under this Section. The Sec. of Labor may certify vouchers for these expenses out of the Employees' Compensation Fund when the immediate superior of the employee certifies that the expense was incurred in respect to an injury which was accepted by the employing agency as probably compensable under this subchapter. The Sec. of Labor shall prescribe the form and content of the certificate. Vocational Rehabilitation Section 8104 provides the Sec. of Labor may direct a permanently disabled individual whose disability is compensable under this subchapter to undergo vocational rehabilitation. The Sec. of Labor shall provide for furnishing the vocational rehabilitation services. In providing for these services, the Sec. of Labor, insofar as practicable, shall use the services or facilities of State agencies and corresponding agencies which cooperate with the Sec. of HEW in carrying out the purposes of Chapter 4 of Title 29, except to the extent that the Sec. of Labor provides for furnishing these services under Section 8103 of this Title. The cost of providing these services to individuals undergoing vocational rehabilitation under this Section shall be paid from the Employees' Compensation Fund. However, in reimbursing a State or corresponding agency under an arrangement pursuant to this section the cost to the agency reimbursable in full under Section 32(b)(1) of Title 29 is excluded. Total Disability Section 8105(a) states if the disability is total, the U.S. shall pay the employee during the disability monthly monetary compensation equal to 66⅔% of his or her monthly pay, which is known as his or her basic com pensation for total disability. Section 8105(b) provides the loss of use of both hands, both arms, both feet, or both legs, or the loss of sight of both eyes, is prima facie permanent total disability. Partial Disability Section 8106(a) provides if the disability is partial, the U.S. shall pay the employee during the disability monthly monetary compensation equal to 66⅔% of the difference between his or her monthly pay and his or her monthly wage-earning capacity after the beginning of the partial disability, which is known as his or her basic compensation for partial disability. Section 8106(b) states the Sec. of Labor may require a partially disabled employee to report his or her earnings from employment or self-employment, by affidavit or otherwise, in the manner and at the times the Sec. of Labor specifies. The employee shall include in the affidavit or report the value of housing, board, lodging, and other advantages which are part of his or her earnings in employment or self-employment and which can be estimated in money. An employee who: (1) fails to make an affidavit or report when required; or (2) knowingly omits or understates any part of his or her earnings; forfeits his or her right to compensation with respect to any period for which the affidavit or report was required. Compensation forfeited under this subsection, if already paid, shall be recovered by a deduction from the compensation payable to the employee or otherwise recovered under Section 8129 of this Title, unless recovery is waived under that Section. Section 8106(c) provides a partially disabled employee who: (1) refuses to seek suitable work; or (2) refuses or neglects to work after suitable work is offered to, procured by, or secured for him or her; is not entitled to compensation. Compensation Schedule Section 8107(a) states if there is a permanent disability involving: (1) solely the loss of use of a member or function of the body, whether or not the cause of the disability originates in a part of the body other than the member; or (2) disfigurement as provided by the schedule in subsection (c) of this Section; the employee is entitled to basic compensation for the period specified by the schedule at the rate of 66⅔% of his or her monthly pay. The basic compensation is: (A) in addition to compensation for temporary total or temporary partial disability; and (B) instead of compensation for permanent disability, except in a case involving disfigurement and as otherwise provided by subsection (b) of this Section. Section 8107(b) provides if an injury causes the total and permanent loss of use of an arm, a hand, a leg, a foot, or an eye, including loss of binocular vision, or total and permanent loss of hearing in both ears, whether or not the disability also involves other impairment of the body, the individual is entitled: (1) for the period specified by the schedule in subsection (c) of this Section, to basic compensation at the rate of 66⅔% of his or her monthly pay; and (2) for a later period, to basic compensation as provided by: (A) Section 8105 of this Title if the disability is total; or (B) Section 8106 of this Title if the disability is partial. The basic compensation is in addition to compensation for periods of temporary total or temporary partial disability, and is payable notwithstanding subsection (a) of this Section and Sections 8105 and 8106 of this Title. Section 8107(c) states the compensation schedule is as follows: (1) arm lost, 312 weeks' compensation; (2) leg lost, 288 weeks' compensation; (3) hand lost, 244 weeks' compensation; (4) foot lost, 205 weeks' compensation; (5) eye lost, 160 weeks' compensation; (6) thumb lost, 75 weeks' compensation; (7) first finger lost, 46 weeks' compensation; (8) great toe lost, 38 weeks' compensation; (9) second finger lost, 30 weeks' compensation; (10) third finger lost, 25 weeks' compensation; (11) toe other than great toe lost, 16 weeks' compensation; (12) fourth finger lost, 15 weeks' compensation; (13) loss of hearing: (A) complete loss of hearing of one ear, 52 weeks' compensation; or (B) complete loss of hearing of both ears, 200 weeks' compensation; (14) compensation for loss of binocular vision or for loss of 80% or more of the vision of an eye is the same as for loss of the eye; (15) compensation for loss of more than one phalanx of a digit is the same as for loss of the entire digit. Compensation for loss of the first phalanx is ½ of the compensation for loss of the entire digit; (16) if, in the case of an arm or a leg, the member is amputated above the wrist or ankle, compensation is the same as for loss of the arm or leg, respectively; (17) compensation for loss of use of two or more digits, or one or more phalanges of each of two or more digits, of a hand or foot, is proportioned to the loss of use of the hand or foot occasioned thereby; (18) compensation for permanent total loss of use of a member is the same as for loss of the member; (19) compensation for permanent partial loss of use of a member may be for proportionate loss of use of the member. The degree of loss of vision or hearing under this schedule is determined without regard to correction; (20) in case of loss of use of more than one member or parts of more than one member as enumerated by this schedule, the compensation is for loss of use of each member or part thereof, and the awards run consecutively. However, when the injury affects only two or more digits of the same hand or foot, paragraph (17) of this subsection applies, and when partial bilateral loss of hearing is involved, compensation is computed on the loss as affecting both ears; and (21) for serious disfigurement of the face, head, or neck of a character likely to handicap an individual in securing or maintaining employment, proper and equitable compensation not to exceed $3,500 shall be awarded in addition to any other compensation payable under this schedule. Reduction of Compensation for Subsequent Injury to Same Member Section 8108 provides the period of compensation payable under the schedule in Section 8107(c) of this Title is reduced by the period of compensation paid or payable under the schedule for an earlier injury if: (1) compensation in both cases is for disability of the same member or function or different parts of the same member or function or for disfigurement; and (2) the Sec. of Labor finds that compensation payable for the later disability in whole or in part would duplicate the compensation payable for the preexisting disability. In such a case, for the purposes of disabilities specified by Section 8107(b) of this Title, compensation for disability continuing after the scheduled period starts on expiration of that period as reduced under this Section. Beneficiaries of Awards Unpaid at Death; Order of Precedence Section 8109(a) states if an individual: (1) has sustained disability compensable under Section 8107(a) of this Title, including a disability compensable under the schedule in Section 8107(c) of this Title because of Section 8107(b) of this Title; (2) has filed a valid claim in his or her lifetime; and (3) dies from a cause other than the injury before the end of the period specified by the schedule; the compensation specified by the schedule that is unpaid at his or her death, whether or not accrued or due at his death, shall be paid: (A) under an award made before or after the death; (B) for the period specified by the schedule; (C) to and for the benefit of the persons then in being within the classes and proportions and on the conditions specified by this Section; and (D) in the following order of precedence: (i) if there is no child, to the widow or widower; (ii) if there are both a widow or widower and a child or children, ½ to the widow or widower and ½ to the child or children; (iii) if there is no widow or widower, to the child or children; (iv) if there is no survivor in the above classes, to the parent or parents wholly or partly dependent for support on the decedent, or to other wholly dependent relatives listed by Section 8133(a)(5) of this Title, or to both in proportions provided by regulation; or (v) if there is no survivor in the above classes and no burial allowance is payable under Section 8134 of this Title, an amount not exceeding that which would be expendable under Section 8134 of this Title if applicable shall be paid to reimburse a person equitably entitled thereto to the extent and in the proportion that he or she has paid the burial expenses, but a compensated insurer or other person obligated by law or contract to pay the burial expenses or a State or political subdivision or entity is deemed not equitably entitled. Section 8109(b) provides payments under subsection (a) of this Section, except for an amount payable for a period preceding the death of the individual, are at the basic rate of compensation for permanent disability specified by section 8107(a) of this Title even if at the time of death the individual was entitled to the augmented rate specified by Section 8110 of this Title. Section 8109(c) states a surviving beneficiary under subsection (a) of this Section, except one under subsection (a)(D)(v), does not have a vested right to payment and must be alive to receive payment. Section 8109(d) provides a beneficiary under subsection (a) of this Section, except one under subsection (a)(D)(v), ceases to be entitled to payment on the happening of an event which would terminate his or her right to compensation for death under Section 8133 of this Title. When that entitlement ceases, compensation remaining unpaid under subsection (a) of this Section is payable to the surviving beneficiary in accordance with subsection (a) of this Section. Augmented Compensation for Dependents Section 8110(a) states for the purpose of this Section, "dependent" means: (1) a wife, if: (A) she is a member of the same household as the em ployee; (B) she is receiving regular contributions from the employee for her support; or (C) the employee has been ordered by a court to contribute to her support; (2) a husband, if wholly dependent on the employee for support because of his own physical or mental disability; (3) an unmarried child, while living with the employee or receiving regular contributions from the employee toward his support, and who is: (A) under 18 years of age; or (B) over 18 years of age and incapable of self-support because of physical or mental disability; and (4) a parent, while wholly dependent on and supported by the employee. Section 8110(b) provides a disabled employee with one or more dependents is entitled to have his or her basic compensation for disability augmented: (1) at the rate of 8⅓% of his or her monthly pay if that compensation is payable under Section 8105 or 8107(a) of this Title including compensation payable under the schedule in Section 8107(c) by virtue of Section 8107(b) of this Title; and (2) at the rate of 8⅓% of the difference between his or her monthly pay and his or her monthly wage-earning capacity if that compensation is payable under Section 8106(a) of this Title. However, for a period of temporary total disability the augmentation of basic compensation for disability payable under Section 8105 of this Title is limited to that part of the monthly pay of the employee which is not in excess of $420. Additional Compensation for Services of Attendants or Vocational Rehabilitation Section 8111(a) states the Sec. of Labor may pay an employee who has been awarded compensation an additional sum of not more than $125 a month, as the Sec. of Labor considers necessary, when the Sec. of Labor finds that the service of an attendant is necessary constantly because the employee is totally blind, or has lost the use of both hands or both feet, or is paralyzed and unable to walk, or because of other disability resulting from the injury making him or her so helpless as to require constant attendance. Section 8111(b) provides the Sec. of Labor may pay an individual undergoing vocational rehabilitation under Section 8104 of this Title additional compensation necessary for his or her maintenance, but not to exceed $100 a month. Maximum and Minimum Monthly Payments Section 8112 states except as provided by Section 8138 of this Title, the monthly rate of compensation for disability, including augmented compensation under Section 8110 of this Title but not including additional compensa tion under Section 8111 of this Title, may not exceed $525 a month, and in case of total disability may not be less than $180 a month or the amount of the monthly pay of the employee, whichever is less. Increase or Decrease of Basic Compensation Section 8113(a) provides if an individual: (1) was a minor or employed in a learner's capacity at the time of injury; and (2) was not physically or mentally handicapped before the injury; the Sec. of Labor, on review under Section 8128 of this Title after the time the wage-earning capacity of the individual would probably have increased but for the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable increased wage-earning capacity. Section 8113(b) states the Sec. of Labor, on review under Section 8128 of this Title after a disabled employee becomes 70 years of age and his or her wage-earning capacity would probably have decreased because of old age aside from and independently of the effects of the injury, shall recompute prospectively the monetary compensation payable for disability on the basis of an assumed monthly pay corresponding to the probable decreased wage-earning capacity. Section 8113(c) provides if an individual without good cause fails to apply for and undergo vocational rehabilitation when so directed under Section 8104 of this Title, the Sec. of Labor, on review under Section 8128 of this Title and after finding that in the absence of the failure the wage-earning capacity of the individual would probably have substantially increased, may reduce prospectively the monetary compensation of the individual in accordance with what would probably have been his or her wage-earning capacity in the absence of the failure, until the individual in good faith complies with the direction of the Sec. of Labor. Computation of Pay Section 8114(a) states for the purpose of this Section: (1) "overtime pay" means pay for hours of service in excess of a statutory or other basic workweek or other basic unit of work-time, as observed by the employing establishment; and (2) "year" means a period of 12 calendar months, or the equivalent thereof as specified by regulations prescribed by the Sec. of Labor. Section 8114(b) provides in computing monetary compensation for disability or death on the basis of monthly pay, that pay is determined under this Section. Section 8114(c) states the monthly pay at the time of injury is deemed 1/12 of the average annual earnings of the employee at that time. When compensation is paid on a weekly basis, the weekly equivalent of the monthly pay is deemed 1/52 of the average annual earnings. However, for so much of a period of total disability as does not exceed 90 calendar days from the date of the beginning of compensable disability, the compensation, in the discretion of the Sec. of Labor, may be computed on the basis of the actual daily wage of the employee at the time of injury in which event he or she may be paid compensation for the days he or she would have worked but for the injury. Section 8114(d) provides average annual earnings are determined as follows: (1) if the employee worked in the employment in which he or she was employed at the time of his or her injury during substantially the whole year immediately preceding the injury and the employment was in a position for which an annual rate of pay: (A) was fixed, the average annual earnings are the annual rate of pay; or (B) was not fixed, the average annual earnings are the product obtained by multiplying his or her daily wage for the particular employment, or the average thereof if the daily wage has fluctuated, by 300 if he or she was employed on the basis of a 6-day workweek, 280 if employed on the basis of a 5½-day week, and 260 if employed on the basis of a 5-day week; (2) if the employee did not work in employment in which he or she was employed at the time of his or her injury during substantially the whole year immediately preceding the injury, but the position was one which would have afforded employment for substantially a whole year, the average annual earnings are a sum equal to the average annual earnings of an employee of the same class working substantially the whole immediately preceding year in the same or similar employment by the U.S. in the same or neighboring place, as determined under paragraph (1) of this subsection; (3) if either of the foregoing methods of determining the average annual earnings cannot be applied reasonably and fairly, the average annual earnings are a sum that reasonably represents the annual earning capacity of the injured employee in the employment in which he or she was working at the time of the injury having regard to the previous earnings of the employee in Federal employment, and of other employees of the U.S. in the same or most similar class working in the same or most similar employment in the same or neighboring location, other previous employment of the employee, or other relevant factors. However, the average annual earnings may not be less than 150 times the average daily wage the employee earned in the employment during the days employed within one year immediately preceding his or her injury; (4) if the employee served without pay or at nominal pay, paragraphs (1), (2), and (3) of this subsection apply as far as practicable, but the average annual earnings of the employee may not exceed the minimum rate of basic pay for GS-15. If the average annual earnings cannot be determined reasonably and fairly in the manner otherwise provided by this Section, the average annual earnings shall be determined at the reasonable value of the service performed but not in excess of $3,600 a year. Section 8114(e) states the value of subsistence and quarters, and of any other form of remuneration in kind for services if its value can be estimated in money, is included as part of the pay, but account is not taken of: (1) overtime pay; (2) additional pay or allowance authorized outside the U.S. because of differential in cost of living or other special circumstances; or (3) bonus or premium pay for extraordinary service including bonus or pay for particularly hazardous service in time of war. Determination of Wage-Earning Capacity Section 8115(a) provides in determining compensation for partial disability, except permanent partial disability compensable under Sections 8107-8109 of this Title, the wage-earning capacity of an employee is determined by his or her actual earnings if his actual earnings fairly and reasonably represent his or her wage-earning capacity. If the actual earnings of the employee do not fairly and reasonably represent his wage-earning capacity or if the employee has no actual earnings, his or her wage-earning capacity as appears reasonable under the circumstances is determined with due regard to: (1) the nature of his or her injury; (2) the degree of physical impairment; (3) his or her usual employment; (4) his or her age; (5) his or her qualifications for other employment; (6) the availability of suitable employment; and (7) other factors or circumstances which may affect his or her wage-earning capacity in his or her disabled condition. Section 8115(b) states Section 8114(d) of this Title is applicable in determining the wage-earning capacity of an employee after the beginning of partial disability. Limitations on Right to Receive Compensation Section 8116(a) provides while an employee is receiving compensation under this subchapter, or if he or she has been paid a lump sum in commutation of install ment payments until the expiration of the period during which the installment payments would have continued, he or she may not receive salary, pay, or remuneration of any type from the U.S., except: (1) in return for service actually performed; and (2) pension for service in the Army, Navy, or Air Force. However, eligibility for or receipt of benefits under subchapter III of Chapter 83 of this Title does not impair the right of the employee to compensation for scheduled disabilities specified by Section 8107(c) of this Title. Section 8116(b) states an individual entitled to benefits under this subchapter because of his or her injury, or because of the death of an employee, who also is entitled to receive from the U.S. under a provision of statute other than this subchapter payments or benefits for that injury or death (except proceeds of an insurance policy), because of service by him or her (or in the case of death, by the deceased) as an employee or in the armed forces, shall elect which benefits he or she will receive. The individual shall make the election within one year after the injury or death or within a further time allowed for good cause by the Sec. of Labor. The election when made is irrevocable, except as otherwise provided by statute. Section 8116(c) provides the liability of the U.S. or an instrumentality thereof under this subchapter or any extension thereof with respect to the injury or death of an employee is exclusive and instead of all other liability of the U.S. or the instrumentality to the employee, his or her legal representative, spouse, dependents, next of kin, and any other person otherwise entitled to recover damages from the U.S. or the instrumentality because of the injury or death in a direct judicial proceeding, in a civil action, or in admiralty, or by an administrative or judicial proceeding under a workmen's compensation statute or under a Federal tort liability statute. However, this subsection does not apply to a master or a member of a crew of a vessel. Time of Accrual of Right Section 8117 states an employee is not entitled to compensation for the first three days of temporary disability, except: (1) when the disability exceeds 21 days; (2) when the disability is followed by permanent disability; or (3) as provided by Sections 8103 and 8104 of this Title. Election to Use Annual or Sick Leave Section 8118 provides an employee may use annual or sick leave to his or her credit at the time disability begins, but his or her compensation for disability does not begin, and the time periods specified by Section 8117 of this Title do not begin to run, until the use of the annual or sick leave ends. Notice of Injury; Failure to Give Section 8119(a) states an employee injured in the performance of his or her duty, or someone on his or her behalf, shall give notice thereof. The notice shall: (1) be given within 48 hours after the injury; (2) be given to the immediate superior of the employee by personal delivery or by depositing it in the mail properly stamped and addressed; (3) be in writing; (4) state the name and address of the employee; (5) state the year, month, day, and hour when and the particular locality where the injury occurred; (6) state the cause and nature of the injury; and (7) be signed by and contain the address of the individual giving the notice. Section 8119(b) provides compensation may be allowed only if the notice is given within 48 hours after the injury or if the immediate superior of the employee has actual knowledge of the injury. However, the Sec. of Labor may allow compensation if: (1) the notice is filed within one year after the injury and reasonable cause for the delay is shown; or (2) the requirement for 48 hours' notice is waived under Section 8122 of this Title. Report of Injury Section 8120 states immediately after an injury to an employee which results in his or her death or probable disability, his or her immediate superior shall report to the Sec. of Labor. The Sec. of Labor may: (1) prescribe the information that the report shall contain; (2) require the immediate superior to make supplemental reports; and (3) obtain such additional reports and information from employees as are agreed on by the Sec. of Labor and the head of the employing agency. Claim Section 8121 provides compensation under this subchapter may be allowed only if an individual or someone on his or her behalf makes claim therefor. The claim shall: (1) be made in writing within the time specified by Section 8122 of this Title; (2) be delivered to the office of the Sec. of Labor or to an individual whom the Sec. of Labor may designate by regulation, or deposited in the mail properly stamped and addressed to the Sec. of Labor or his or her designee; (3) be on a form furnished by the Sec. of Labor; (4) contain all information required by the Sec. of Labor; (5) be sworn to by the individual entitled to compensation or someone on his or her behalf; and (6) except in case of death, be accompanied by a certificate of the physician of the employee stating the nature of the injury and the nature and probable extent of the disability. The Sec. of Labor may waive paragraphs (3)-(6) of this Section for reasonable cause shown. Time for Making Claim Section 8122(a) states an original claim for compensation: (1) for death shall be made within one year after the death; and (2) for disability shall be made within 60 days after the injury. However, the Sec. of Labor may allow an original claim for disability to be made within one year after the injury for reasonable cause shown. Section 8122(b) provides in a case of latent disability due to radiation or other cause, the time for filing claim does not begin to run until the employee has a compensable disability and is aware, or by the exercise of reasonable diligence should have been aware, of the causal relationship of the compensable disability to his employment. In such a case, the time for giving notice of injury begins to run when the employee is aware, or by the exercise of reasonable diligence should have been aware, that his or her condition is causally related to his or her employment, whether or not there is a compensable disability. Section 8122(c) states the Sec. of Labor may waive compliance with the requirements of this subchapter for giving notice of injury and for filing claim for compensation for disability or death if: (1) a claim is filed within five years after the injury or death; and (2) the Sec. of Labor finds: (A) that the failure to comply was due to circumstances beyond the control of the individual claiming benefits; or (B) that the individual claiming benefits has shown sufficient cause or reason in explanation of, and material prejudice to the interest of the U.S. has not resulted from, the failure. Physical Examinations Section 8123(a) provides an employee shall submit to examination by a medical officer of the U.S., or by a physician designated or approved by the Sec. of Labor, after the injury and as frequently and at the times and places as may be reasonably required. The employee may have a physician designated and paid by him present to participate in the examination. If there is disagreement between the physician making the examination for the U.S. and the physician of the employee, the Sec. of Labor shall appoint a third physician who shall make an examination. Section 8123(b) states an employee is entitled to be paid expenses incident to an examination required by the Sec. of Labor which in the opinion of the Sec. of Labor are necessary and reasonable, including transportation and loss of wages incurred in order to be examined. The expenses, when authorized or approved by the Secretary, are paid from the Employees' Compensation Fund. Section 8123(c) states the Sec. of Labor shall fix the fees for examinations held under this Section by physicians not employed by or under contract to the U.S. to furnish medical services to employees. The fees, when authorized or approved by the Sec. of Labor, are paid from the Employees' Compensation Fund. Section 8123(d) provides if an employee refuses to submit to or obstructs an examination, his or her right to compensation under this subchapter is suspended until the refusal or obstruction stops. Compensation is not payable while a refusal or obstruction continues, and the period of the refusal or obstruction is deducted from the period for which compensation is payable to the employee. Findings and Award Section 8124 states the Sec. of Labor shall determine and make a finding of facts and make an award for or against payment of compensation under this subchapter after: (1) considering the claim presented by the beneficiary and the report furnished by the immediate superior; and (2) completing such investigation as he considers necessary. Misbehavior at Proceedings Section 8125 provides if an individual: (1) disobeys or resists a lawful order or process in proceedings under this subchapter before the Sec. of Labor or his or her representative; or (2) misbehaves during a hearing or so near the place of hearing as to obstruct it; the Sec. of Labor or his or her representative shall certify the facts to the district court having jurisdiction in the place where he or she is sitting. The court, in a summary manner, shall hear the evidence as to the acts complained of and if the evidence warrants, punish the individual in the same manner and to the same extent as for a contempt committed before the court, or commit the individual on the same conditions as if the forbidden act had occurred with reference to the process of or in the presence of the court. Subpoenas; Oaths; Examination of Witnesses Section 8126 states the Sec. of Labor, on any matter within his jurisdiction under this subchapter, may: (1) issue subpoenas for and compel the attendance of witnesses within a radius of 100 miles; (2) administer oaths; (3) examine witnesses; and (4) require the production of books, papers, documents, and other evidence. Representation; Attorneys; Fees Section 8127(a) provides a claimant may authorize an individual to represent him or her in any proceeding under this subchapter before the Sec. of Labor. Section 8127(b) states a claim for legal or other services furnished in respect to a case, claim, or award for compensation under this subchapter is valid only if approved by the Sec. of Labor. Review of Award Section 8128(a) provides the Sec. of Labor may review an award for or against payment of compensation at any time on his or her own motion or on application. The Sec. of Labor, in accordance with the facts found on review, may: (1) end, decrease, or increase the compensation previously awarded; or (2) award compensation previously refused or discontinued. Section 8128(b) states the action of the Sec. of Labor or his or her designee in allowing or denying a payment under this subchapter is: (1) final and conclusive for all purposes and with respect to all questions of law and fact; and (2) not subject to review by another official of the U.S. or by a court by mandamus or otherwise. Credit shall be allowed in the accounts of a certifying or disbursing official for payments in accordance with that action. Recovery of Overpayments Section 8129(a) provides when an overpayment has been made to an individual under this subchapter because of an error of fact or law, adjustment shall be made under regulations prescribed by the Sec. of Labor by decreasing later payments to which the individual is entitled. If the individual dies before the adjustment is completed, adjustment shall be made by decreasing later benefits payable under this subchapter with respect to the individual's death. Section 8129(b) states adjustment or recovery by the U.S. may not be made when incorrect payment has been made to an individual who is with out fault and when adjustment or recovery would defeat the purpose of this subchapter or would be against equity and good conscience. Section 8129(c) provides a certifying or disbursing official is not liable for an amount certified or paid by him or her when: (1) adjustment or recovery of the amount is waived under subsection (b) of this Section; or (2) adjustment under subsection (a) of this Section is not com pleted before the death of all individuals against whose benefits deductions are authorized. Assignment of Claim Section 8130 states an assignment of a claim for compensation under this subchapter is void. Compensation and claims for compensation are exempt from claims of creditors. Subrogation of the U.S. Section 8131(a) provides if an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability on a person other than the U.S. to pay damages, the Sec. of Labor may require the beneficiary to: (1) assign to the U.S. any right of action he or she may have to enforce the liability or any right he or she may have to share in money or other property received in satisfaction of that liability; or (2) prosecute the action in his or her own name. An employee required to appear as a party or witness in the prosecution of such an action is in an active duty status while so engaged. Section 8131(b) states a beneficiary who refuses to assign or prosecute an action in his or her own name when required by the Sec. of Labor is not entitled to compensation under this subchapter. Section 8131(c) provides the Sec. of Labor may prosecute or compromise a cause of action assigned to the U.S. when the Sec. of Labor realizes on the cause of action, he or she shall deduct therefrom and place to the credit of the Employees' Compensation Fund the amount of compensation already paid to the beneficiary and the expense of realization or collection. Any surplus shall be paid to the beneficiary and credited on future payments of compensation payable for the same injury. Section 8131(d) states if an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in the Panama Canal Company to pay damages under the law of a State, a territory or possession of the U.S., the District of Columbia, or a foreign country, compensation is not payable until the individual entitled to compensation: (1) releases to the Panama Canal Company any right of action he or she may have to enforce the liability of the Panama Canal Company; or (2) assigns to the U.S. any right he may have to share in money or other property received in satisfaction of the liability of the Panama Canal Company. Adjustment after Recovery from a Third Person Section 8132 provides if an injury or death for which compensation is payable under this subchapter is caused under circumstances creating a legal liability in a person other than the U.S. to pay damages, and a benefi ciary entitled to compensation from the U.S. for that injury or death receives money or other property in satisfaction of that liability as a result of suit or settlement by him or her or in his or her behalf, the beneficiary, after deducting therefrom the costs of suit and a reasonable attorney's fee, shall refund to the U.S. the amount of compensation paid by the U.S. and credit any surplus on future payments of compensation payable to him or her for the same injury. The amount refunded to the U.S. shall be credited to the Employees' Compensation Fund. If compensation has not been paid to the beneficiary, he or she shall credit the money or property on compensation payable to him or her by the U.S. for the same injury. Compensation in Case of Death Section 8133(a) states if death results from an injury sustained in the performance of duty, the U.S. shall pay a monthly compensation equal to a percentage of the monthly pay of the deceased employee in accordance with the following schedule: (1) to the widow or widower, if there is no child, 45%; (2) to the widow or widower, if there is a child, 40% and in addition 15% for each child not to exceed a total of 75% for the widow or widower and children; (3) to the children, if there is no widow or widower, 35% for one child and 15% additional for each additional child not to exceed a total of 75%, divided among the children share and share alike; (4) to the parents, if there is no widow, widower, or child, as follows: (A) 25% if one parent was wholly dependent on the employee at the time of death and the other was not dependent to any extent; (B) 20% to each if both were wholly dependent; or (C) a proportionate amount in the discretion of the Sec. of Labor if one or both were partly dependent. If there is a widow, widower, or child, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, and children, will not exceed a total of 75%; (5) to the brothers, sisters, grandparents, and grandchildren, if there is no widow, widower, child, or dependent parent, as follows: (A) 20% if one was wholly dependent on the employee at the time of death; (B) 30% if more than one was wholly dependent, divided among the dependents share and share alike; or (C) 10% if no one is wholly dependent but one or more is partly dependent, divided among the dependents share and share alike. If there is a widow, widower, child, or dependent parent, so much of the percentages are payable as, when added to the total percentages payable to the widow, widower, children, and dependent parents, will not exceed a total of 75%. Section 8133(b) provides the compensation payable under subsection (a) of this Section is paid from the time of death until: (1) a widow dies or remarries; (2) a widower dies or remarries or becomes capable of self-support; (3) a child, a brother, a sister, or a grandchild dies or marries or becomes 18 years of age, or if over age 18 and incapable of self-support becomes capable of self-support; or (4) a parent or grandparent dies or marries or ceases to be dependent. Section 8133(c) states on the cessation of compensation under this Section to or on account of an individual, the compensation of the remaining individ uals entitled to compensation for the unexpired part of the period during which their compensation is payable, is that which they would have received if they had been the only individuals entitled to compensation at the time of the death of the employee. Section 8133(d) provides when there are two or more classes of individuals entitled to compensation under this Section and the apportionment of compen sation under this Section would result in injustice, the Sec. of Labor may modify the apportionment to meet the requirements of the case. Section 8133(e) states the monthly pay for computing compensation under this Section is deemed at least $240, but the total monthly compensation may not exceed the monthly pay computed under Section 8114 of this Title or $525, whichever is less. Funeral Expenses; Transportation of Body Section 8134(a) provides if death results from an injury sustained in the performance of duty, the U.S. shall pay, to the personal representative of the deceased or otherwise, funeral and burial expenses not to exceed $800, in the discretion of the Sec. of Labor. Section 8134(b) states the body of an employee whose home is in the U.S., in the discretion of the Sec. of Labor, may be embalmed and transported in a hermetically sealed casket to his or her home or last place of residence at the expense of the Employees' Compensation Fund if: (1) the employee dies from: (A) the injury while away from his home or official station or outside the U.S.; or (B) from other causes while away from his or her home or official station for the purpose of receiving medical or other services, appliances, supplies, or examination under this subchapter; and (2) the relatives of the employee request the return of his or her body. If the relatives do not request the return of the body of the employee, the Sec. of Labor may provide for its disposition and incur and pay from the Employees' Compensation Fund the necessary and reasonable transportation, funeral, and burial expenses. Lump-Sum Payment Section 8135 provides the liability of the U.S. for compensation to a beneficiary in the case of death or of permanent total or permanent partial dis ability may be discharged by a lump-sum payment equal to the present value of all future payments of compensation computed at 4% true discount compounded annually if: (1) the monthly payment to the beneficiary is less than $5 a month; (2) the beneficiary is or is about to become a nonresident of the U.S.; or (3) the Sec. of Labor determines that it is for the best interest of the beneficiary. The probability of the death of the beneficiary before the expiration of the period during which he or she is entitled to compensation shall be determined according to the American Experience Table of Mortality, but the lump-sum payment to a widow or widower of the deceased employee may not exceed 60 months' compensation. The probability of the happening of any other contingency affecting the amount or duration of compensation shall be disregarded. Initial Payments outside the U.S. Section 8136 states if an employee is injured outside the continental U.S., the Sec. of Labor may arrange and provide for initial payment of compensation and initial furnishing of other benefits under this sub chapter by an employee or agent of the U.S. designated by the Sec. of Labor for that purpose in the locality in which the employee was employed or the injury occurred. Compensation for Non-citizens and Non-Residents Section 8137(a) provides when the Sec. of Labor finds that the amount of compensation payable to an employee who is neither a citizen nor resident of the U.S. or Canada, or payable to a dependent of such an employee, is substantially disproportionate to compensation for disability or death payable in similar cases under local statute, regulation, custom, or otherwise at the place outside the continental U.S. or Canada where the employee is working at the time of injury, he or she may provide for payment of compensation on a basis reasonably in accord with prevailing local payments in similar cases by: (1) the adoption or adoption of the substantive features, by a schedule or otherwise, of local workmen's compensation provisions or other local statute, regulation, or custom applicable in cases of personal injury or death; or (2) establishing special schedules of compensation for injury, death, and loss of use of members and functions of the body for specific classes of employees, areas, and places. Irrespective of the basis adopted, the Sec. of Labor may at any time: (A) modify or limit the maximum monthly and total aggregate payments for injury, death, and medical or other benefits; (B) modify or limit the percentages of the wage of the employee payable as compensation for the injury or death; and (C) modify, limit, or re-designate the class or classes of beneficiaries entitled to death benefits, including the designation of persons, representatives, or groups entitled to payment under local statute or custom whether or not included in the classes of beneficiaries otherwise specified by this subchapter. Section 8137(b) states in a case under this Section, the Sec. of Labor or his or her designee may: (1) make a lump-sum award in the manner prescribed by Sec tion 8135 of this Title when he or she or his or her designee considers it to be for the best interest of the U.S.; and (2) compromise and pay a claim for benefits, including a claim in which there is a dispute as to jurisdiction or other fact or a question of law. Compensation paid under this subsection is instead of all other compensation from the U.S. for the same injury or death, and a payment made under this subsection is deemed compensation under this subchapter and is satisfaction of all liability of the U.S. in respect to the particular injury or death. Section 8137(c) provides the Sec. of Labor may delegate to an employee or agency of the U.S., with such limitations and right of review as he or she con siders advisable, authority to process, adjudicate, commute by lump-sum award, compromise, and pay a claim or class of claims for compensation, and to provide other benefits, locally, under this Section, in accordance with such regulations and instructions as the Sec. of Labor considers necessary. For this purpose, the Sec. of Labor may provide or transfer funds, including reimbursement of amounts paid under this subchapter. Section 8137(d) states the Sec. of Labor may waive the application of this subchapter in whole or in part and for such period or periods as he or she may fix if he or she finds that: (1) conditions prevent the establishment of facilities for processing and adjudicating claims under this Section; or (2) claimants under this section are alien enemies. Section 8137(e) provides the Sec. of Labor may apply this Section retrospectively with adjustment of compensation and benefits as he or she considers necessary and proper . Minimum Limit Modification for Non-Citizens and Aliens Section 8138(a) states except as provided by subsection (b) of this Section, the minimum limit on monthly compensation for disability under Section 8112 of this Title and the minimum limit on monthly pay on which death compensation is computed under Section 8133 of this Title do not apply in the case of a non-citizen employee, or a class or classes of non-citizen employees, who sustain injury outside the continental U.S. The Sec. of Labor may establish a minimum monthly pay on which death compensation is computed in the case of a class or classes of such non-citizen employees. Student-Employees Section 8144 provides a student-employee as defined by Section 5351 of this Title who suffers disability or death as a result of personal injury arising out of and in the course of training, or incurred in the performance of duties in connection with that training, is considered for the purpose of this subchapter an employee who incurred the injury in the performance of duty. Administration Section 8145 states the Sec. of Labor shall administer, and decide all questions arising under, this subchapter. He or she may: (1) appoint employees to administer this subchapter; and (2) delegate to any employee of the Dept. of Labor any of the powers conferred on him or her by this subchapter. Employees’ Compensation Fund Section 8147(a) provides there is in the Treasury of the U.S. the Employees' Compensation Fund which consists of sums that Congress, from time to time, may appropriate for or transfer to it, and amounts that otherwise accrue to it under this subchapter or other statute. The Fund is available without time limit for the payment of compensation and other benefits and expenses, except administrative expenses, authorized by this subchapter or any extension or application thereof, except as otherwise provided by this subchapter or other statute. The Sec. of Labor shall submit annually to the Bureau of the Budget estimates of appropriations necessary for the maintenance of the Fund. Section 8147(b) states before 8/15 of each year, the Sec. of Labor shall furnish to each agency and instrumentality of the U.S. having an em ployee who is or may be entitled to compensation benefits under this subchapter or any extension or application thereof a statement showing the total cost of benefits and other payments made from the Employees' Compensation Fund during the preceding FY on account of the injury or death of employees or individuals under the jurisdiction of the agency or instrumentality. Each agency and instrumentality shall include in its annual budget estimates for the next FY a request for an appropriation in an amount equal to the costs. Sums appropriated pursuant to the request shall be deposited in the Treasury to the credit of the Fund within 30 days after they are available. An agency or instrumentality not dependent on an annual appropriation shall make the deposit required by this subsection from funds under its control. If an agency or instrumentality (or part or function thereof) is transferred to another agency or instrumentality, the cost of compensation benefits and other expenses paid from the Fund on account of the injury or death of employees of the transferred agency or instrumentality (or part or function) shall be included in costs of the receiving agency or instrumentality. Section 8147(c) provides in addition to the contributions for the maintenance of the Employees' Compensation Fund required by this section, a mixed ownership corporation as defined by Section 856 of Title 31, or any other corporation or agency or instrumentality (or activity thereof) which is required by statute to submit an annual budget pursuant to or as provided by Sections 841-869 of Title 31, shall pay an additional amount for its fair share of the cost of administration of this subchapter as determined by the Sec. of Labor. With respect to these corporations, agencies, and instrumentalities, the charges billed by the Sec. of Labor under this Section shall include an additional amount for these costs, which shall be paid into the Treasury as miscellaneous receipts from the sources authorized and in the manner otherwise provided by this Section. Reports Section 8148 states the Sec. of Labor shall report to Congress at the beginning of each regular session on the work for the preceding FY under this subchapter. The report shall include: (1) a detailed statement of appropriations and expenditures; (2) a detailed statement showing receipts of and expenditures from the Employees' Compensation Fund; and (3) his or her recommendations for legislation. Regulations Section 8149 provides the Sec. of Labor may prescribe rules and regulations necessary for the administration and enforcement of this subchapter. The rules and regulations shall provide for an Employees' Compensation Appeals Board of three individuals designated or appointed by the Sec. of Labor with authority to hear and, subject to applicable law and the rules and regulations of the Sec. of Labor, make final decisions on appeals taken from determinations and awards with respect to claims of employees. Effect on Other Statutes Section 8150(a) states this subchapter does not affect the maritime rights and remedies of a master or member of the crew of a vessel. Section 8150(b) provides Section 8141 of this Title and Section 9441 of Title 10 do not confer military or veteran status on any individual. Chapter 83 - Retirement Subchapter I - General Provisions Definitions Section 8311(1) states for the purpose of this subchapter: "employee" means: (A) an employee as defined by Section 2105 of this Title; (B) a Member of Congress as defined by Section 2106 of this Title and a Delegate to Congress; (C) a member or former member of a uniformed service; and (D) an individual employed by the government of the District of Columbia. Section 8311(2) provides for the purpose of this subchapter: "annuity" means a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of Chapter 7 of Title 42, and a monthly annuity under Section 228b or 228e of Title 45, payable by an agency of the Government of the U.S. or the government of the District of Columbia on the basis of service as a civilian employee and other service which is creditable to an employee toward the benefit under the statute, regulation, or agreement which provides the benefit, but does not include: (A) a benefit provided under statutes administered by the VA; (B) pay or compensation which may not be diminished under Section 1 of Article III of the Constitution of the U.S.; (C) that portion of a benefit payable under subchapter II of Chapter 7 of Title 42 which would be payable without taking into account, for any of the purposes of that subchapter, including determinations of periods of disability under Section 41G(i) of Title 42, pay for services as an employee; (D) monthly annuity awarded under Section 228b or 228e of Title 45 before 9/26/61, whether or not computed under Section 228c(e) of Title 45; (E) that portion of an annuity awarded under Section 228b or 228e of Title 45 after 9/25/61, which would be payable without taking into account military service creditable under Section 228c-1 of Title 45; (F) a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter II of Chapter 7 of Title 42, awarded before 9/1/54, to an individual or his or her survivor or beneficiary, insofar as the individual, before 9/1/54: (i) was convicted of an offense named by subsection (b) of Section 8312 of this Title, to the extent provided by that subsection; or (ii) violated Section 8314 or 8315(a) (1) of this Title; or (G) a retirement benefit, including a disability insurance benefit and a dependent's or survivor's benefit under subchapter 11 of Chapter 7 of Title 42, awarded before 9/26/61, to an individual or his survivor or beneficiary, insofar as the individual, before 9/26/61: (i) was convicted of an offense named by subsection (c) of Section 8312 of this Title, to the extent provided by that subsection; or (ii) violated Section 8315(a)(2) of this title. Section 8311(3) states for the purpose of this subchapter: "retired pay" means retired pay, retirement pay, retainer pay, or equivalent pay, payable under a statute to a member or former member of a uniformed service, and an annuity payable to an eligible beneficiary of the member or former member under Chapter 73 of title 10 or Section 5 of the Uniformed Services Contingency Option Act of 1953, but does not include: (A) a benefit provided under statutes administered by the VA; (B) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before 9/1/54, to an individual, insofar as the individual, before 9/1/54: (i) was convicted of an offense named by subsection (b) of Section 8312 of this Title, to the extent provided by that subsection; or (ii) violated Section 8314 or 8315(a)(1) of this Title; (C) retired pay, retirement pay, retainer pay, or equivalent pay, awarded before 9/26/61, to an individual, insofar as the individual, before 9/26/61: (i) was convicted of an offense named by subsection (c) of Section 8312 of this Title, to the extent provided by that subsection; or (ii) violated Section 8315(a)(2) of this Title; or (D) an annuity payable to an eligible beneficiary of an individual under Chapter 73 of Title 10 or Section 5 of the Uniformed Services Contingency Option Act of 1953, if the annuity was awarded to the beneficiary, or if retired pay was awarded to the individual, before 9/26/61, insofar as the individual, on the basis of whose service the annuity was awarded, before 9/26/61 (i) was convicted of an offense named by Section 8312 of this Title, to the extent provided by that Section; or (ii) violated Section 8314 or 8315 of this Title. Conviction of Certain Offenses Section 8312(a) provides an individual, or his or her survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in Section 8311(2) and (3) of this Title, if the individual: (1) was convicted, before, on, or after 9/1/54, of an offense named by subsection (b) of this Section, to the extent provided by that subsection; or (2) was convicted, before, on, or after 9/26/61, of an offense named by subsection (c) of this Section, to the extent provided by that subsection. The prohibition on payment of annuity or retired pay applies: (A) with respect to the offenses named by subsection (b) of this Section, to the period after the date of the conviction or after 9/1/54, whichever is later; and (B) with respect to the offenses named by subsection (c) of this Section, to the period after the date of conviction or after 9/26/61, whichever is later. Section 8312(b)(1) states the following are the offenses to which subsection (a) of this Section applies if the individual was convicted before, on, or after 9/1/ 54: an offense within the purview of: (A) Section 792 (harboring or concealing persons), 793 (gathering, transmitting, or losing defense information), 794 (gathering or delivering defense information to aid foreign government), or 798 (disclosure of classified information), of Chapter 37 (relating to espionage and censorship) of Title 18; (B) Chapter 105 (relating to sabotage) of Title 18; (C) Section 2381 (treason), 2382 (misprision of treason), 2383 (rebellion or insurrection), 2384 (seditious conspiracy), 2385 (advocating overthrow of government), 2387 (activities affecting armed forces generally), 2388 (activities affecting armed forces during war), 2389 (recruiting for service against U.S.), or 2390 (enlistment to serve against U.S.), of Chapter 115 (relating to treason, sedition, and subversive activities) of Title 18; (D) Section 10(b)(2), (3), or (4) of the Atomic Energy Act of 1946, as in effect before 8/30/54; (E) Section 16(a) or (b) of the Atomic Energy Act of 1946, as in effect before 8/30/54, insofar as the offense is committed with intent to injure the U.S. or with intent to secure an advantage to a foreign nation; or (F) an earlier statute on which a statute named by subparagraph (A), (B), or (C) of this paragraph (1) is based. Section 8312(b)(2) provides the following are the offenses to which subsection (a) of this Section applies if the individual was convicted before, on, or after 9/1/ 54: an offense within the purview of: (A) article 104 (aiding the enemy) or article 106 (spies) of the Uniform Code of Military Justice (Chapter 47 of Title 10) or an earlier article on which article 104 or article 106, as the case may be, is based; or (B) a current article of the Uniform Code of Military Justice (or an earlier article on which the current article is based) not named by subparagraph (A) of this paragraph (2) on the basis of charges and specifications describing a violation of a statute named by paragraph (1), (3), or (4) of this subsection, if the executed sentence includes death, dishonorable discharge, or dismissal from the service, or if the defendant dies before execution of that sentence as finally approved. Section 8312(b)(3) states the following are the offenses to which subsection (a) of this Section applies if the individual was convicted before, on, or after 9/1/ 54: perjury committed under the statutes of the U.S. or the District of Columbia: (A) in falsely denying the commission of an act which constitutes an offense within the purview of: (i) a statute named by paragraph (1) of this subsection; or (ii) an article or statute named by paragraph (2) of this subsection insofar as the offense is within the purview of an article or statute named by paragraph (1) or (2)(A) of this subsection; (B) in falsely testifying before a Federal grand jury, court of the U.S., or court-martial with respect to his or her service as an employee in connection with a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger the national security or defense of the U.S.; or (C) in falsely testifying before a congressional committee in connection with a matter under inquiry before the congressional committee involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the U.S. Section 8312(b)(4) provides the following are the offenses to which subsection (a) of this Section applies if the individual was convicted before, on, or after 9/1/ 54: subornation of perjury committed in connection with the false denial or false testimony of another individual as specified by paragraph (3) of this subsection. Section 8312(c)(1) states the following are the offenses to which subsection (a) of this Section applies if the individual was convicted before, on, or after 9/26/ 61: an offense within the purview of: (A) Section 2272 (violation of specific sections) or 2273 (violation of sections generally of Chapter 23 of Title 42) of Title 42 insofar as the offense is committed with intent to injure the U.S. or with intent to secure an advantage to a foreign nation; (B) Section 2274 (communication of restricted data), 2275 (receipt of restricted data), or 2276 (tampering with restricted data) of Title 42; or (C) Section 783 (conspiracy and communication or receipt of classified information), 822 (conspiracy or evasion of apprehension during internal security emergency), or 823 (aiding evasion of apprehension during internal security emergency) of Title 50. Section 8312(c)(2) provides the following are the offenses to which subsection (a) of this Section applies if the individual was convicted before, on, or after 9/26/ 61: an offense within the purview of a current article of the Uniform Code of Military Justice (Chapter 47 of Title 10) or an earlier article on which the current article is based, as the case may be, on the basis of charges and specifications describing a violation of a statute named by paragraph (1), (3), or (4) of this subsection, if the executed sentence includes death, dishonorable discharge, or dismissal from the service, or if the defendant dies before execution of that sentence as finally approved. Section 8312(c)(3) states the following are the offenses to which subsection (a) of this Section applies if the individual was convicted before, on, or after 9/26/ 61: perjury committed under the statutes of the U.S. or the District of Columbia in falsely denying the commission of an act which constitutes an offense within the purview of a statute named by paragraph (1) of this subsection. Section 8312(c)(4) provides the following are the offenses to which subsection (a) of this Section applies if the individual was convicted before, on, or after 9/26/ 61: subornation of perjury committed in connection with the false denial of another individual as specified by paragraph (3) of this subsection. Absence from the U.S. to Avoid Prosecution Section 8313(a) states an individual, or his survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in Section 8311(2) and (3) of this Title, if the individual: (1) is under indictment, or has outstanding against him or her charges preferred under the Uniform Code of Military Justice: (A) after 7/31/56, for an offense named by Section 8312(b) of this Title; or (B) after 9/26/61, for an offense named by Section 8312(c) of this Title; and (2) willfully remains outside the U.S., or its territories and possessions including the Commonwealth of Puerto Rico, for more than one year with knowledge of the indictment or charges, as the case may be. Section 8313(b) provides the prohibition on payment of annuity or retired pay under subsection (a) of this Section applies to the period after the end of the one -year period and continues until: (1) a nolle prosequi to the entire indictment is entered on the record or the charges are dismissed by competent authority; (2) the individual returns and thereafter the indictment or charges is or are dismissed; or (3) after trial by court or court-martial, the accused is found not guilty of the offense or offenses. Refusal to Testify Section 8314(a) states an individual, or his or her survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in Section 8311(2) and (3) of this Title, if the individual, before, on, or after 9/1/54, refused or refuses, or knowingly and willfully failed or fails, to appear, testify, or produce a book, paper, record, or other document, relating to his or her service as an employee, before a Federal grand jury, court of the U.S., court-martial, or congressional committee, in a proceeding concerning: (1) his or her past or present relationship with a foreign government; or (2) a matter involving or relating to an interference with or endangerment of, or involving or relating to a plan or attempt to interfere with or endanger, the national security or defense of the U.S. Section 8314(b) provides the prohibition on payment of annuity or retired pay under subsection (a) of this Section applies to the period after the date of the failure or refusal of the individual, or after 9/1/54, whichever is later. Falsifying Employment Applications Section 8315(a) states an individual, or his or her survivor or beneficiary, may not be paid annuity or retired pay on the basis of the service of the individual which is creditable toward the annuity or retired pay, subject to the exceptions in Section 8311(2) and (3) of this Title, if the individual knowingly and willfully made or makes a false, fictitious, or fraudulent statement or representation, or knowingly and willfully concealed or conceals a material fact: (1) before, on, or after 9/1/54, concerning his or her: (A) past or present membership in, affiliation or association with, or support of the Communist Party, or a chapter, branch, or subdivision thereof, in or outside the U.S., or other organization, party, or group advocating: (i) the overthrow, by force, violence, or other unconstitutional means, of the Government of the U.S.; (ii) the establishment, by force, violence, or other unconstitutional means, of a Communist totalitarian dictatorship in the U.S.; or (iii) the right to strike against the U.S.; (B) conviction of an offense named by subsection (b) of Section 8312 of this Title, to the extent provided by that subsection; or (C) failure or refusal to appear, testify, or produce a book, paper, record, or other document, as specified by Section 8314 of this Title; or (2) before, on, or after 9/26/61, concerning his or her conviction of an offense named by subsection (c) of Section 8312 of this Title, to the extent provided by that subsection; in a document executed by the individual in connection with his or her employment in, or application for, a civilian or military office or position in or under the legislative, executive, or judicial branch of the Government of the U.S. or the government of the District of Columbia. Section 8315(b) provides the prohibition on the payment of annuity or retired pay applies: (1) with respect to matters specified by subsection (a)(1) of this Section, to the period after the statement, representation, or concealment of fact is made or occurs, or after 9/1/54, whichever is later; and (2) with respect to matters specified by subsection (a) (2) of this Section, to the period after the statement, representation, or concealment of fact is made or occurs, or after 9/26/61, whichever is later. Refund of Contributions and Deposits Section 8316(a) states when payment of annuity or retired pay is denied under this subchapter because an individual was convicted of an offense named by Section 8312 of this Title, to the extent provided by that Section, or violated Section 8314 or 8315 of this Title: (1)the amount, except employment taxes, contributed by the individual toward the annuity, less the amount previously refunded or paid as annuity benefits; and (2) deposits made under Section 1438 of Title 10 or Section 5 of the Uniformed Services Contingency Option Act of 1953 to provide the eligible beneficiary with annuity for any period, less the amount previously paid as retired pay benefits; shall be refunded, on appropriate application therefor: (A) to the individual; (B) if the individual is dead, to the beneficiary designated to receive refunds by or under the statute, regulation, or agreement under which the annuity, the benefits of which are denied under this subchapter, would have been payable; or (C) if a beneficiary is not designated, in the order of precedence prescribed by Section 8342(c) of this Title or Section 2771 of Title 10, as the case may be. Section 8316(b) provides a refund under subsection (a) of this Section shall be made with interest at the rate and for the period provided under the statute, regulation, or agreement under which the annuity would have been payable. However, interest may not be computed: (1) if the individual was convicted of an offense named by Section 8312(b) of this Title, or violated Section 8314 or 8315(a)(1) of this Title, for the period after the conviction or commission of the violation, or after 9/1/54, whichever is later; or (2) if the individual was convicted of an offense named by Section 8312(c) of this Title, or violated Section 8315(a)(2) of this Title, for the period after the conviction or commission of the violation, or after 9/26/61, whichever is later. Repayment of Annuity or Retired Pay Properly Paid; Waiver Section 8317(a) states an individual, or his survivor or beneficiary, to whom payment of annuity is denied under this subchapter is not thereafter required to repay that part of the annuity otherwise properly paid to the individ ual, or to his or her survivor or beneficiary on the basis of the service of the individual, which is in excess of the aggregate amount of the contributions of the individual toward the annuity, with applicable interest. Section 8317(b) provides an individual, including an eligible beneficiary under Chapter 73 of Title 10 or Section 5 of the Uniformed Services Contingency Option Act of 1953, to whom payment of retired pay is denied under this subchapter is not thereafter required to repay retired pay otherwise properly paid to the individual or beneficiary which is paid in violation of this subchapter. Restoration of Annuity or Retired Pay Section 8318(a) states if an individual who was convicted, before, on, or after 9/1/54, of: (1) an offense named by Section 8312 of this Title; or (2) an offense constituting a violation of Section 8314 or 8315 of this Title; is pardoned by the President, the right of the individual and his or her survivor or beneficiary to receive annuity or retired pay previously denied under this subchapter is restored as of the date of the pardon. Section 8318(b) provides the President may restore, effective as of the date he prescribes, the right to receive annuity or retired pay which is denied, before, on, or after 9/1/54, under Section 8314 or 8315 of this title, to the individual and to his survivor or beneficiary. Section 8318(c) states payment of annuity or retired pay which results from pardon or restoration by the President under subsection (a) or (b) of this S ection may not be made for a period before: (1) the date of pardon referred to by subsection (a) of this Section; or (2) the effective date of restoration referred to by subsection (b) of this Section. Section 8318(d) provides credit for a period of service covered by a refund under Section 8316 of this Title is allowed only after the amount refunded has been re-deposited. Removal of Members of the Uniformed Services from Rolls; Restoration; Reappointment Section 8319(a) states the President may drop from the rolls a member of a uniformed service who is deprived of retired pay under this subchapter. Section 8319(b) provides the President may restore: (1) military status to an individual dropped from the rolls to whom retired pay is restored under this subchapter or under Section 2 of the Act of 9/26/61; and (2) all rights and privileges to the individual and his or her beneficiaries of which he or they were deprived because his or her name was dropped from the rolls. Section 8319(c) states if the individual restored was a commissioned officer, the President alone may reappoint him or her to the grade and position on the retired list held when his or her name was dropped from the rolls. Offense or Violation Committed in Compliance with Orders Section 8320 provides when it is established by satisfactory evidence that an individual: (1) was convicted of an offense named by Section 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 U.S. or the government of the District of Columbia, the right to receive annuity or retired pay may not be denied. Liability of Accountable Employees Section 8321 states an accountable employee may not be held responsible for a payment made in violation of this subchapter when the payment made is in due course and without fraud, collusion, or gross negligence. Effect on Other Statutes Section 8322 provides this subchapter does not restrict authority under a statute, other than this subchapter, to deny or withhold benefits authorized by statute. Subchapter II - Civil Service Retirement Definitions Section 8331(1) states for the purpose of this subchapter: "employee" means: (A) an employee as defined by Section 2105 of this Title; (B) the Architect of the Capitol and an employee of the Architect of the Capitol; (C) a Congressional employee as defined by Section 2107 of this Title (except the Architect of the Capitol and an employee of the Architect of the Capitol), after he or she gives notice in writing to the official by whom he or she is paid of his or her desire to come within the purview of this subchapter; (D) a temporary Congressional employee appointed at an annual rate of pay, after he or she gives notice in writing to the official by whom he or she is paid of his or her desire to come within the purview of this subchapter; (E) a U.S. Commissioner whose total pay for services performed as Commissioner is not less than $3,000 in each of the last three consecutive calendar years ending after 12/31/54; (F) an individual employed by a county committee established under Section 590h(b) of Title 16; (G) an individual employed by the government of the District of Columbia; (H) an individual employed by Gallaudet College; and (I) an individual appointed to a position on the office staff of a former President under Section 1(b) of the Act of 8/25/58 but does not include: (i) a justice or judge of the U.S. as defined by Section 451 of Title 28; (ii) an employee subject to another retirement system for Government employees; (iii) an employee or group of employees in or under an Executive agency excluded by the Civil Service Commission under Section 8347(g) of this Title; (iv) an individual or group of individuals employed by the government of the District of Columbia excluded by the Commission under Section 8347(h) of this Title; (v) a temporary employee of the Administrative Office of the U.S. Courts or of a court named by Section 610 of Title 28; (vi) a construction employee or other temporary, part-time, or intermittent employee of the Tennessee Valley Authority; (vii) an employee under the Office of the Architect of the Capitol excluded by the Architect of the Capitol under Section 8347(i) of this Title; (viii) an employee under the Library of Congress excluded by the Librarian of Congress under Section 8347(j) of this Title; or (ix) a student-employee as defined by Section 5351 of this Title. Notwithstanding this paragraph the employment of a teacher in the recess period between two school years in a position other than a teaching position in which he or she served immediately before the recess period does not qualify the individual as an employee for the purpose of this subchapter. For the purpose of the preceding sentence, "teacher" and "teaching position" have the meanings given them by Section 901 of Title 20. Section 8331(2) provides for the purpose of this subchapter: "Member" means a Member of Congress as defined by Section 2106 of this Title, a nd a Delegate to Congress, after he or she gives notice in writing to the official by whom he or she is paid of his or her desire to come within the purview of this subchapter. Section 8331(3) states for the purpose of this subchapter: "basic pay" includes: (A) the amount a Member received from 4/1/54, to 2/28/55 , as expense allowance under Section 601(b) of the Legislative Reorganization Act of 1946, as amended; and that amount from 1/3/53, to 3/31/54, if deposit is made therefor as provided by Section 8334 of this Title; and (B) additional pay provided by: (i) subsection (a) of Section 60e-7 of Title 2 and the provisions of law referred to by that subsection; and (ii) sections 60e-8, 60e-9, 60e-10, and 60e-11 of Title 2; but does not include bonuses, allowances, overtime pay, military pay, pay given in addition to the base pay of the position as fixed by law or regulation except as provided by subparagraph (B) of this paragraph, retroactive pay under Section 5344 of this Title in the case of a retired or deceased employee, uniform allowances under Section 5901 of this Title, or lump-sum leave payments under subchapter 171 of Chapter 55 of this Title. For an employee paid on a fee basis, the maximum amount of basic pay which may be used is $10,000. Section 8331(4) provides for the purpose of this subchapter: "average pay" means the largest annual rate resulting from averaging an employee's or Member's rates of basic pay in effect: (A) over any 5 consecutive years of creditable service; or (B) at a Member's option over all periods of Member service after 8/2/46, used in the computation of an annuity under this subchapter; with each rate weighted by the time it was in effect. Section 8331(5) states for the purpose of this subchapter: "Fund" means the Civil Service Retirement and Disability Fund. Section 8331(6) provides for the purpose of this subchapter: "disabled" and "disability" mean totally disabled or total disability, respectively, for useful and efficient service in the grade or class of position last occupied by the employee or Member be cause of disease or injury not due to vicious habits, intemperance, or willful misconduct on his or her part within five years before becoming so disabled. Section 8331(7) states for the purpose of this subchapter: "Government" means the Government of the U.S., the government of the District of Columbia, and Gallaudet College . Section 8331(8) provides for the purpose of this subchapter: "lump-sum credit" means the unrefunded amount consisting of: (A) retirement deductions made from the basic pay of an employee or Member; (B) amounts deposited by an employee or Member cover ing earlier service; and (C) interest on the deductions and deposits at 4% a year to 12/31/47, and 3% a year thereafter compounded annually to 12/31/56, or, in the case of an employee or Member separated or transferred to a position not within the purview of this subchapter before he or she has completed five years of civilian service, to the date of the separation or transfer; but does not include interest: (i) if the service covered thereby aggregates one year or less; or (ii) for the fractional part of a month in the total service. Section 8331(9) states for the purpose of this subchapter: "annuitant" means a former employee or Member who, on the basis of his service, meets all requirements of this subchapter for title to annuity and files claim therefor. Section 8331(10) provides for the purpose of this subchapter: "survivor" means an individual entitled to annuity under this subchapter based on the service of a deceased employee, Member, or annuitant. Section 8331(11) states for the purpose of this subchapter: "survivor annuitant" means a survivor who files claim for annuity. Section 8331(12) provides for the purpose of this subchapter: "service" means employment creditable under Section 8332 of this title. Section 8331(13) states for the purpose of this subchapter: "military service" means honorable active service: (A) in the armed forces; (B) in the Regular or Reserve Corps of the Public Health Service after 6/30/60; or (C) as a commissioned officer of the Coast and Geodetic Survey after 6/30/61; but does not include service in the National Guard except when ordered to active duty in the service of the U.S. Section 8331(14) provides for the purpose of this subchapter: "Member service" means service as a Member and includes the period from the date of the beginning of the term for which elected or appointed to the date on which he takes office as a Member. Section 8331(15) states for the purpose of this subchapter: "price index" means the annual average over a calendar year of the Consumer Price Index (all item-U.S. city average) published monthly by the Bureau of Labor Statistics. Creditable Service Section 8332(a) provides the total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any. Section 8332(b) states the service of an employee shall be credited from the date of original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Credit may not be allowed for a period of separation from the service in excess of three calendar days. The service includes: (1) employment as a substitute in the postal field service; (2) service in the Pan American Sanitary Bureau; (3) subject to Sections 8334(c) and 8339(h) of this Title, service performed before 7/10/60, as an employee of a county committee established under Section 590h (b) of Title 16 or of a committee or an association of producers described by Section 610(b) of Title 7; (4) service as a student-employee as defined by Section 5351 of this Title only if he or she later becomes subject to this subchapter; and (5) a period of satisfactory service of a volunteer or volunteer leader under Chapter 34 of Title 22 only if he or she later becomes subject to this subchapter. The Civil Service Commission shall accept the certification of the Sec. of USDA or his or her designee concerning service for the purpose of this subchapter of the type performed by an employee named by paragraph (3) of this subsection. For the purpose of paragraph (5) of this subsection: (A) a volunteer and a volunteer leader are deemed receiving pay during their service at the respective rates of readjustment allowances payable under Sections 2504(c) and 2505(1) of Title 22; and (B) the period of an individual's service as a volunteer or volunteer leader under Chapter 34 of Title 22 is the period between enrollment as a volunteer or volunteer leader and the termination of that service by the President or by death or resignation. Section 8332(c) provides except as provided by subsection (d) of this Section, an employee or Member shall be allowed credit for periods of military service before the date of the separation on which title to annuity is based. However, if an employee or Member is awarded retired pay on account of military service, his military service may not be credited unless the retired pay is awarded: (1) on account of a service-connected disability: (A) incurred in combat with an enemy of the U.S.; or (B) caused by an instrumentality of war and incurred in line of duty during a period of war as defined by Section 301 of Title 38; or (2) under Chapter 67 of Title 10. Section 8332(d) states for the purpose of Section 8339(c)(1) of this Title, a Member: (1) shall be allowed credit only for periods of military service not exceeding five years, plus military service performed by the Member on leaving his or her office, for the purpose of performing military service, during a war or national emergency proclaimed by the President or declared by Congress and before his or her final separation from service as Member; and (2) may not receive credit for military service for which credit is allowed for purpose of retired pay under another statute. Section 8332(e) provides this subchapter does not affect the right of an employee or Member to retired pay, pension, or compensation in addition to an annuity payable under this subchapter. Section 8332(f) states credit shall be allowed for leaves of absence without pay granted an employee while performing military service or while re ceiving benefits under subchapter I of Chapter 81 of this Title. Except for a substitute in the postal field service, credit may not be allowed for so much of other leaves of absence without pay as exceeds six months in the aggregate in a calendar year. Section 8332(g) provides an employee who during the period of a war, or of a national emergency as proclaimed by the President or declared by Congress, leaves his or her position to enter the military service is deemed, for the purpose of this subchapter, as not separated from his or her civilian position because of that military service, unless he or she applies for and receives a lump-sum credit under this subchapter. However, the employee is deemed as not retaining his or her civilian position after 12/31/56, or after the expiration of five years of that military service, whichever is later. Section 8332(h) states an employee who: (1) has at least five years' Member service; and (2) serves as a Member at any time after 8/2/46; may not be allowed credit for service which is used in the computation of an annuity under Section 8339(c) of this Title. Section 8332(i) provides an individual who qualifies as an employee under Section 8331(1)(E) of this Title is entitled to credit for his or her service as a U.S. Commissioner, which is not credited for the purpose of this subchapter for service performed by him or her in a capacity other than Commissioner, on the basis of: (1) 1/313 of a year for each day on which he or she performed service as a Commissioner before 7/1/45; and (2) 1/260 of a year for each day on which he or she performed service as a Commissioner after 6/30/45. Credit for service performed as Commissioner may not exceed 313 days in a year before 7/1/45, or 260 days in a year after 6/30/45. For the purpose of this subchapter, the employment and pay of a Commissioner is deemed on a daily basis when actually employed. Section 8332(j) states notwithstanding any other provision of this Section, military service, except military service covered by military leave with pay from a civilian position, performed by an individual after 12/56, and the period of an individual's service as a volunteer or volunteer leader under Chapter 34 of Title 22, shall be excluded in determining the aggregate period of service on which an annuity payable under this subchapter to the individual or to his widow or child is based, if the individual, widow, or child is entitled, or would on proper application be entitled, at the time of that determination, to monthly old-age or survivors benefits under Section 402 of Title 42 based on the individual's wages and self-employment income. If the military service or service as a volunteer or volunteer leader under Chapter 34 of Title 22 is not excluded by the preceding sentence, but on becoming 62 years of age, the individual or widow becomes entitled, or would on proper application be entitled, to the described benefits, the Civil Service Commission shall redetermine the aggregate period of service on which title annuity is based, effective as of the first day of the month in which he or she becomes 62 years of age, so as to exclude that service. The Sec. of HEW, on request of the Commission, shall inform the Commission whether or not the individual, widow, or child is entitled at any named time to the described benefits. For the purpose of this subsection, the period of an individual's service as a volunteer or volunteer leader under Chapter 34 of Title 22 is the period between enrollment as a volunteer or volunteer leader and termination of that service by the President or by death or resignation. Eligibility for Annuity Section 8333(a) provides an employee must complete at least five years of civilian service before he is eligible for an annuity under this subchapter. Section 8333(b) states an employee or Member must complete, within the last two years before any separation from service, except a separation because of death or disability, at least one year of creditable civilian service dur ing which he or she is subject to this subchapter before he or she or his or her survivors are eligible for annuity under this subchapter based on the separation. If an employee or Member, except an employee or Member separated from the service because of death or disability, fails to meet the service requirement of the preceding sentence, the amounts deducted from his or her pay during the service for which no eligibility for annuity is established based on the separation shall be returned to him or her on the separation. Failure to meet this service requirement does not deprive the individual or his or her survivors of annuity rights which attached on a previous separation. Section 8333(c) provides a Member or the Member’s survivor is eligible for an annuity under this subchapter only if the amounts named by Section 8334 of this Title have been deducted or deposited with respect to his or her last five years of civilian service. Deductions, Contributions, and Deposits Section 8334(a) states the employing agency shall deduct and withhold 6½% of the basic pay of an employee and 7½% of the basic pay of a Member, and an equal amount shall be contributed from the appro priation or fund used to pay the employee or, in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment. When an employee in the legislative branch is paid by the Clerk of the House of Representatives, the Clerk may pay from the contingent fund of the House the contribution that otherwise would be contributed from the appropriation or fund used to pay the employee. The amounts so deducted and withheld, together with the amounts so contributed, shall be deposited in the Treasury of the U.S. to the credit of the Fund under such procedures as the Comptroller General of the U.S. may prescribe. Deposits made by an employee or Member under this Section also shall be credited to the Fund. Section 8334(b) provides each employee or Member is deemed to consent and agree to these deductions from basic pay. Notwithstanding any law or regu lation affecting the pay of an employee or Member, payment less these deductions is a full and complete discharge and acquittance of all claims and demands for regular services during the period covered by the payment, except the right to the benefits to which the employee or Member is entitled under this subchapter. Section 8334(c) states each employee or Member credited with civilian service after 7/31/20, for which retirement deductions or deposits have not been made, may deposit with interest an amount equal to the percentages listed in this Section of his or her basic pay received for that service. Section 8334(d) provides each employee or Member who has received a refund of retirement deductions under this or any other retirement system established for employees of the Government covering service for which the Member may be allowed credit under this subchapter may deposit the amount received, with interest. Credit may not be allowed for the service covered by the refund until the deposit is made. Section 8334(e) states interest under subsection (c) or (d) of this Section is computed from the mid-point of each service period included in the computation, or from the date refund was paid, to the date of deposit or commencing date of annuity, whichever is earlier. The interest is computed at the rate of 4% a year to 12/31/47, and 3% a year thereafter compounded annually. The deposit may be made in one or more installments. Interest may not be charged for a period of separation from the service which began before 10/1/56. Section 8334(f) provides under such regulations as the Civil Service Commission may prescribe, amounts deducted under subsection (a) of this section and deposited under subsections (c) and (d) of this Section shall be entered on individual retirement records. Section 8334(g) states deposit may not be required for: (1) service before 8/1/20; (2) military service; or (3) service for the Panama Railroad Company before 1/1/24 . Section 8334(h) provides for the purpose of survivor annuity, deposits authorized by subsections (c) and (d) of this Section may also be made by the sur vivor of an employee or Member. Mandatory Separation Section 8335(a) states except as otherwise provided by this section, an employee who becomes 70 years of age and completes 15 years of service shall be automatically separated from the service. The separation is effective on the last day of the month in which the employee becomes 70 years of age or completes 15 years of service if then over that age, and pay ends from that day. Section 8335(b) provides the employing office shall notify each employee under its direction of the date of his or her separation from the service at least 60 days in advance thereof, and subsection (a) of this Section does not take effect without the consent of the employee until 60 days after he or she is so notified. Section 8335(c) states the President, by Executive order, may exempt an employee from automatic separation under this Section when in his judgment the public interest so requires. Section 8335(d) provides the automatic separation provisions of this Section do not apply to: (1) an individual named by a statute providing for the continuance of the individual in the service; (2) a Member; (3) a Congressional employee; or (4) an employee in the judicial branch appointed to hold office for a definite term of years. Section 8335(e) states this Section applies to an employee of The Alaska Railroad in Alaska, and to an employee who is a citizen of the U.S. employed on the Isthmus of Panama by the Panama Canal Company or the Canal Zone Government, who becomes 62 years of age and completes 15 years of service in Alaska or on the Isthmus of Panama. Immediate Retirement Section 8336(a) provides an employee who is separated from the service after becoming 60 years of age and completing 30 years of service is entitled to an annuity. Section 8336(b) states an employee who is separated from the service after becoming 55 years of age (but before becoming 60 years of age) and completing 30 years of service is entitled to a reduced annuity. Section 8336(c) provides an employee, the duties of whose position are primarily the investigation, apprehension, or detention of individuals suspected or con victed of offenses against the criminal laws of the U.S., including an employee' engaged in this activity who is transferred to a supervisory or administrative position, who is separated from the service after becoming 50 years of age and completing 20 years of service in the performance of these duties is entitled to an annuity if the head of his or her agency recommends his or her retirement and the Civil Service Commission approves that recommendation. The head of the agency and the Commission shall consider fully the degree of hazard to which the employee is subjected in the performance of his or her duties, instead of the general duties of the class of the position held by the employee. For the purpose of this subsection, "detention" includes the duties of: (1) employees of the Bureau of Prisons and Federal Prison Industries, Incorporated; (2) employees of the Public Health Service assigned to the field service of the Bureau of Prisons or of the Federal Prison Industries, Incorporated; (3) employees in the field service at Army or Navy disciplinary barracks or at confinement and rehabilitation facilities operated by any of the armed forces; and (4) employees of the Dept. of Corrections of the District of Columbia, its industries and utilities; whose duties in connection with individuals in detention suspected or convicted of offenses against the criminal laws of the U.S. or of the District of Columbia or offenses against the punitive articles of the Uniform Code of Military Justice require frequent (as determined by the appropriate administrative authority with the concurrence of the Commission) direct contact with these individuals in their detention, direction, supervision, inspection, training, employment, care, transportation, or rehabilitation. Section 8336(d) states an employee who is involuntarily separated from the service, except by removal for cause on charges of misconduct or delinquency, after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to a reduced annuity. Section 8336(e) provides an employee who is separated from the service after becoming 62 years of age and completing five years of service is entitled to an annuity. Section 8336(g) states an annuity or reduced annuity authorized by this Section is computed under Section 8339 of this Title. Disability Retirement Section 8337(a) provides an employee who completes five years of civilian service and is found by the Civil Service Commission to have become disabled shall be retired on his or her own application or on application by his or her agency. An annuity authorized by this Section is computed under Section 8339 of this Title. Section 8337(b) states a claim may be allowed under this Section only if the application is filed with the Commission before the employee or Member is separated from the service or within one year thereafter. This time limitation may be waived by the Commission for an employee or Member who at the date of separation from service or within one year thereafter is mentally incompetent, if the application is filed with the Commission within one year from the date of restoration of the employee or Member to competency or the appointment of a fiduciary, whichever is earlier. Section 8337(c) provides an annuitant receiving disability retirement annuity from the Fund shall be examined under the direction of the Commission: (1) at the end of one year from the date of the disability retirement; and (2) annually thereafter until he or she becomes 60 years of age; unless his or her disability is permanent in character. If the annuitant fails to submit to examination as required by this Section, payment of the annuity shall be suspended until continuance of the disability is satisfactorily established. Section 8337(d) states if an annuitant receiving disability retirement annuity from the Fund, before becoming 60 years of age, recovers from his or her disability, payment of the annuity terminates on reemployment by the Government or one year after the date of the medical examination showing the recovery, whichever is earlier. If an annuitant receiving disability retirement annuity from the Fund, before becoming 60 years of age, is restored to an earning capacity fairly comparable to the current rate of pay of the position occupied at the time of retirement, payment of the annuity terminates on reemployment by the Government or one year after the end of the calendar year in which earning capacity is so restored, whichever is earlier. Earning capacity is deemed restored if in each of two succeeding calendar years the income of the annuitant from wages or self-employment or both equals at least 80% of the current rate of pay of the position occupied immediately before retirement. Section 8337(e) provides if an annuitant whose annuity is terminated under subsection (d) of this Section is not reemployed in a position within the purview of this subchapter, he or she is deemed, except for service credit, to have been involuntarily separated from the service for the purpose of this subchapter as of the date of termination of the disability annuity, and after that termination is entitled to annuity under the applicable provisions of this subchapter. If an annuitant whose annuity is heretofore or hereafter terminated because of an earning capacity provision of this subchapter or an earlier statute: (1) is not reemployed in a position within the purview of this subchapter; and (2) has not recovered from the disability for which he or she was retired; his or her annuity shall be restored at the same rate effective the first of the year following any calendar year in which his or her income from wages or self-employment or both is less than 80% of the current rate of pay of the position occupied immediately before retirement. If an annuitant whose annuity is heretofore or hereafter terminated because of a medical finding that he or she has recovered from disability is not reemployed in a position within the purview of this subchapter, his or her annuity shall be restored at the same rate effective from the date of medical examination showing a recurrence of the disability. The second and third sentences of this subsection do not apply to an individual who has become 62 years of age and is receiving or is eligible to receive annuity under the first sentence of this subsection. Section 8337(f) states an individual is not entitled to receive an annuity under this subchapter and compensation for injury or disability to himself or herself under subchapter I of Chapter 81 of this Title covering the same period of time. This provision does not bar the right of a claimant to the greater benefit conferred by either subchapter for any part of the same period of time. Neither this provision nor any provision of subchapter I of Chapter 81 of this Title denies to an individual an annuity accruing to him under this subchapter on account of service performed by him or her, or denies any concurrent benefit to him or her under subchapter I of Chapter 81 of this Title on account of the death of another individual. Section 8337(g) provides the right of an individual entitled to an annuity under this subchapter is not affected because he or she has received a lump-sum payment for compensation under Section 8135 of this Title. However, if the annuity is payable on account of the same disability for which compensation under Section 8135 of this title has been paid, so much of the compensation as has been paid for a period extended beyond the date the annuity becomes effective, as determined by the Dept. of Labor, shall be refunded to that Dept. to be covered into the Employees' Compensation Fund. Before the individual may receive the annuity he or she shall: (1) refund to the Dept. of Labor the amount representing the commuted compensation payments for the extended period; or (2) authorize the deduction of that amount from the annuity payable to him or her under this subchapter, which amount shall be transmitted to the Dept. of Labor for reimbursement to the Employees' Compensation Fund. Deductions from the annuity may be made from accrued and accruing payments. When the Dept. of Labor finds that the financial circumstances of the annuitant warrant deferred refunding, deductions from the annuity may be prorated against and paid from accruing payments in such manner as that Dept. determines. Deferred Retirement Section 8338(a) states an employee who is separated from the service or transferred to a position not within the purview of this subchapter after completing five years of civilian service is entitled to an annuity beginning at the age of 62 years. Section 8338(c) provides an annuity or reduced annuity authorized by this Section is computed under Section 8339 of this Title. Computation of Annuity Section 8339(a) states except as otherwise provided by this Section, the annuity of an employee retiring under this subchapter is: (1)1½% of his or her average pay multiplied by so much of his or her total service as does not exceed five years; plus (2) 1¾% of his or her average pay multiplied by so much of his or her total service as exceeds five years but does not exceed 10 years; plus (3) 2% of his or her average pay multiplied by so much of his or her total service as exceeds 10 years. However, when it results in a larger annuity, 1% of his or her average pay plus $25 is substituted for the percentage specified by paragraph (1), (2), or (3) of this subsection, or any combination thereof. Section 8339(d) provides the annuity of an employee retiring under Section 8336(c) of this Title is 2% of his or her average pay multiplied by his or her total service. Section 8339(e) states the annuity computed under subsections (a)-(d) of this Section may not exceed 80% of: (1) the average pay of the employee. Section 8339(f) provides the annuity of an employee or Member retiring under Section 8337 of this Title is at least the smaller of: (1) 40% of his or her average pay; or (2) the sum obtained under subsections (a)-(c) of this Section after increasing his service of the type last performed by the period elapsing between the date of separation and the date he or she becomes 60 years of age. However, this subsection does not increase the annuity of a survivor. Section 8339(g) states the annuity computed under subsections (a)-(c) and (e) of this Section for an employee retiring under Section 8336(b) or (d) of this Title, is reduced by 1/12 of 1% for each full month not in excess of 60 months, and 1/6 of 1% for each full month in excess of 60 months, the employee or Member is under 60 years of age at the date of separation. Section 8339(h) provides the annuity computed under subsections (a)-(g) of this Section is reduced by 10% of a deposit described by Section 8334 (c) of this title remaining unpaid, unless the employee or Member elects to eliminate the service involved for the purpose of annuity computation. Section 8339(i) states the annuity computed under subsections (a)-(h) of this Section (excluding any increase because of retirement under Section 8337 of this Title) for a married employee or Member retiring under this subchapter, or any portion of that annuity designated in writing for the purpose of Section 8341(b) of this Title by the employee or Member at the time of retirement, is reduced by 2½% of so much thereof as does not exceed $3,600 and by 10% of so much thereof as exceeds $3,600, unless the employee or Member notifies the Civil Service Commission in writing at the time of retirement that he or she does not desire his or her spouse to receive an annuity under Section 8341(b) of this Title. Section 8339(j) provides at the time of retiring under Section 8336 or 8338 of this Title, an unmarried employee or Member who is found to be in good health by the Commission may elect a reduced annuity instead of an annuity computed under subsections (a)-(h) of this Section and name in writing an individual having an insurable interest in the employee or Member to receive an annuity under Section 8341 (c) of this Title after the death of the retired employee or Member. The annuity of the employee or Member making the election is reduced by 10%, and by 5% for each full five years the individual named is younger than the retiring employee or Member. However, the total reduction may not exceed 40%. Cost-of-Living Adjustments of Annuities Section 8340(a) states after 1/1 of each year the Civil Service Commission shall determine the percent change in the price index from the later of 1962 or the year preceding the most recent cost-of-living adjustment to the latest complete year. On the basis of this determination, and effective 4/1 of any year after the price index change equals a rise of at least 3%, each annuity payable from the Fund which has a commencing date earlier than 1/2 of the preceding year shall be increased by the percent rise in the price index adjusted to the nearest 1/10 of 1%. Section 8340(b)(1) provides eligibility for an annuity increase under this Section is governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows: effective from the date of the first increase under this Section, an annuity payable from the Fund to an annuitant's survivor (except a child entitled under Section 8341(e) of this Title), which annuity commenced the day after the death of the annuitant, shall be increased as provided by subsection (a) of this Section if the commencing date of annuity to the annuitant was earlier than 1/2 of the year preceding the first increase. Section 8340(b)(2) states eligibility for an annuity increase under this Section is governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows: effective from its commencing date, an annuity payable from the Fund to an annuitant's survivor (except a child entitled under Section 8341(e) of this Title), which annuity commences the day after the death of the annuitant and after the effective date of the first increase under this Section, shall be increased by the total percent increase the annuitant was receiving under this Section at death. Section 8340(b)(3) provides eligibility for an annuity increase under this Section is governed by the commencing date of each annuity payable from the Fund as of the effective date of an increase, except as follows: for the purpose of computing an annuity which commences after the effective date of the first increase under this Section to a child under Section 8341(e) of this Title, the items $600, $720, $1,800, and $2,160 appearing in Section 8341(e) of this Title shall be increased by the total percent increase allowed and in force under this Section, and, in case of a deceased annuitant, the items 40% and 50% appearing in Section 8341(e) of this Title shall be increased by the total percent increase allowed and in force under this Section to the annuitant at death. Effective from the date of the first increase under this Section, this paragraph applies as if the first increase were in effect with respect to computation of the annuity of a child under Section 8341(e) of this Title which commenced between 1/2 of the year preceding the first increase and the effective date of the first increase. Section 8340(c) states this Section does not authorize an increase in an additional annuity purchased at retirement by voluntary contributions. Section 8340(d) provides the monthly installment of annuity after adjustment under this Section is fixed at the nearest dollar. Survivor Annuities Section 8341(a) states for the purpose of this Section: (1) "widow" means the surviving wife of an employee or Member who: (A) was married to him for at least two years immediately before his death; or (B) is the mother of issue by that marriage; (2) "widower" means the surviving husband of an employee or Member who: (A) was married to her for at least two years immediately before her death; or (B) is the father of issue by that marriage; (3) "dependent widower" means a widower who: (A) is incapable of self-support because of mental or physical disability; and (B) received more than half his support from the employee or Member; and (4) "child" means: (A) an unmarried child under 18 years of age, including (i) an adopted child, and (ii) a stepchild or recognized natural child who received more than half his or her support from and lived with the employee or Member in a regular parent-child relationship; (B) such unmarried child regardless of age who is incapable of self-support because of mental or physical disability incurred before age 18; or (C) such unmarried child between 18 and 21 years of age who is a student regularly pursuing a full-time course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university, or comparable recognized educational institution. For the purpose of this paragraph and subsection (e) of this Section, a child whose 21st birthday occurs before 7/1 or after 8/31 of a calendar year, and while he or she is regularly pursuing such a course of study or training, is deemed to have become 21 years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than four months and if he or she shows to the satisfaction of the Civil Service Commission that he or she has a bona fide intention of continuing to pursue a course of study or training in the same or different school during the school semester (or other period into which the school year is divided) immediately after the interim. Section 8341(b) provides if an employee or Member dies after having retired under this subchapter and is survived by a spouse to whom he or she was married at the time of retirement, the spouse is entitled to an annuity equal to 55% of an annuity computed under Section 8339(a)-(h) of this Title as may apply with respect to the annuitant, or of such portion thereof as may have been designated for this purpose under Section 8339(i) of this Title, unless the employee or Member has notified the Commission in writing at the time of retirement that he or she does not desire his or her spouse to receive this annuity. The annuity of the spouse commences on the day after the retired employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the spouse dies or remarries. Section 8341(c) states the annuity of a survivor named under Section 8339(j) of this Title is 55% of the reduced annuity of the retired employee or Member. The annuity of the survivor commences on the day after the retired employee or Member dies. This annuity and the right thereto terminate on the last day of the month before the survivor dies. Section 8341(d) provides if an employee or Member dies after completing at least five years of civilian service, the widow or dependent widower of the em ployee or Member is entitled to an annuity equal to 55% of an annuity computed under Section 8339(a)-(e) and (h) of this Title as may apply with respect to the employee or Member. The annuity of the widow or dependent widower commences on the day after the employee or Member dies. This annuity and the right thereto terminate on the last day of the month before: (1) the widow or dependent widower dies or remarries; or (2) the dependent widower becomes capable of self-support. Section 8341(e)(1) states if an employee or Member dies after completing at least five years of civilian service, or an employee or Member dies after retiring under this subchapter, and is survived by a spouse, each surviving child who received more than half of his or her support from the employee or Member is entitled to an annuity equal to the smallest of: (A) 40% of the average pay of the employee or Member divided by the number of children; (B) $600; or (C) $1,800 divided by the number of children. If the employee or Member is not survived by a spouse, each surviving child is entitled to an annuity equal to the smallest of: (i) 50% of the average pay of the employee or Member divided by the number of children; (ii) $720; or (iii) $2,160 divided by the number of children. Section 8341(e)(2) provides the annuity of the child commences on the day after the employee or Member dies. This annuity granted under this subchapter or under the Act of 5/29/30, as amended from and after 2/28/48, and the right thereto terminate on the last day of the month before the child: (A) becomes 18 years of age unless incapable of self-support; (B) becomes capable of self-support after age 18; or (C) dies or marries. However, the annuity of a child who is a student as described by subsection (a)(4) of this Section terminates on the last day of the month before he or she: (i) ceases to be such a student; (ii) becomes 21 years of age; or (iii) dies or marries. On the death of the surviving spouse or termination of the annuity of a child, the annuity of any other child or children shall be recomputed and paid as though the spouse or child had not survived the employee or Member. Lump-Sum Benefits; Designation of Beneficiary; Order of Precedence Section 8342(a) states an employee or Member who is separated from the service, or is transferred to a position not within the purview of this subchapter, is entitled to be paid the lump-sum credit if his or her separation or transfer occurs and application for payment is filed with the Civil Service Commission at least 31 days before the earliest commencing date of any annuity for which he or she is eligible. The receipt of payment of the lump-sum credit by the individual voids all annuity rights under this subchapter, until he or she is reemployed in the service subject to this subchapter. This subsection also applies to an employee or Member separated before 10/1/56, after completing at least 20 years of civilian service. Section 8342(b) provides under regulations prescribed by the Commission, a present or former employee or Member may designate a beneficiary or benefici aries for the purpose of this subchapter. Section 8342(c) states lump-sum benefits authorized by subsections (d)-(f) of this Section shall be paid to the person or persons surviving the employee or Member and alive at the date title to the payment arises in the following order of precedence, and the payment bars recovery by any other person: First, to the beneficiary or beneficiaries designated by the employee or Member in a writing received in the Commission before his or her death. Second, if there is no designated beneficiary, to the widow or widower of the employee or Member. Third, if none of the above, to the child or children of the employee or Member and descendants of deceased children by representation. Fourth, if none of the above, to the parents of the employee or Member or the survivor of them. Fifth, if none of the above, to the duly appointed executor or administrator of the estate of the employee or Member. Sixth, if none of the above, to such other next of kin of the employee or Member as the Commission determines to be entitled under the laws of the domicile of the employee or Member at the date of his or her death. Section 8342(d) provides if an employee or Member dies: (1) without a survivor; or (2) with a survivor or survivors and the right of all survivors terminates before a claim for survivor annuity is filed; or if a former employee or Member not retired dies, the lump-sum credit shall be paid. Section 8342(e) states if all annuity rights under this subchapter based on the service of a deceased employee or Member terminate before the total annuity paid equals the lump-sum credit, the difference shall be paid. Section 8342(f) provides if an annuitant dies, annuity accrued and unpaid shall be paid. Section 8342(g) states annuity accrued and unpaid on the termination, except by death, of the annuity of an annuitant or survivor annuitant shall be paid to that individual. Annuity accrued and unpaid on the death of a survivor annuitant shall be paid in the following order of precedence, and the payment bars recovery by any other person: First, to the duly appointed executor or administrator of the estate of the survivor annuitant. Second, if there is no executor or administrator, payment may be made, after 30 days from the date of death of the survivor annuitant, to such next of kin of the survivor annuitant as the Commission determines to be entitled under the laws of the domicile of the survivor annuitant at the date of his or her death. Section 8342(h) provides amounts deducted and withheld from the basic pay of an employee or Member from the first day of the first month which begins after he or she has performed sufficient service (excluding service which the employee or Member elects to eliminate for the purpose of annuity computation under Section 8339 of this Title) to entitle him or her to the maximum annuity provided by Section 8339 of this Title, together with interest on the amounts at the rate of 3% a year compounded annually from the date of the deductions to the date of retirement or death, shall be applied toward any deposit due under Section 8334 of this Title, and any balance not so required is deemed a voluntary contribution for the purpose of Section 8343 of this Title. Section 8342(i) states an employee who: (1) is separated from the service before 7/12/60; and (2) continues in the service after 7/12/60, without break in service of one workday or more; is entitled to the benefits of subsection (h) of this Section. Additional Annuities; Voluntary Contributions Section 8343(a) provides under regulations prescribed by the Civil Service Commission, an employee or Member may voluntarily contribute additional sums in multiples of $25, but the total may not exceed 10% of his or her basic pay for creditable service after 7/31/20. The voluntary contribution account in each case is the sum of unrefunded contributions, plus interest at 3% a year compounded annually to: (1) the date of payment under subsection (d) of this Section, separation, or transfer to a position not within the purview of this subchapter, whichever is earliest; or (2) the commencing date fixed for a deferred annuity or date of death, whichever is earlier, in the case of an individual who is separated with title to deferred annuity and does not claim the voluntary contribution account. Section 8343(b) states the voluntary contribution account is used to purchase at retirement an annuity in addition to the annuity otherwise provided. For each $100 in the voluntary contribution account, the additional annuity consists of $7, increased by 20¢ for each full year, if any, the employee or Member is over 55 years of age at the date of retirement. Section 8343(c) provides a retiring employee or Member may elect a reduced additional annuity instead of the additional annuity described by subsection (b) of this Section and designate in writing an individual to receive after his or her death an annuity of 50% of his or her reduced additional annuity. The additional annuity of the employee or Member making the election is reduced by 10%, and by 5% for each full five years the individual designated is younger than the retiring employee or Member. However, the total reduction may not exceed 40%. Section 8343(d) states a present or former employee or Member is entitled to be paid the voluntary contribution account if he or she files application for payment with the Commission before receiving an additional annuity. An individual who has been paid the voluntary contribution account may not again deposit additional sums under this Section until, after a separation from the service of more than three calendar days, he or she again becomes subject to this subchapter. Section 8343(e) provides if a present or former employee or Member not retired dies, the voluntary contribution account is paid under Section 8342(c) of this T itle. If all additional annuities or any right thereto based on the voluntary contribution account of a deceased employee or Member terminate before the total additional annuity paid equals the account, the difference is paid under Section 8342(c) of this Title. Annuities and Pay on Reemployment Section 8344(a) states if an annuitant receiving annuity from the Fund, except: (1) a disability annuitant whose annuity is terminated because of his or her recovery or restoration of earning capacity; (2) an annuitant whose annuity is based on an involuntary separation from the service other than an automatic separation; or (3) a Member receiving annuity from the Fund; becomes employed after 9/30/56, or on 7/31/56 was serving, in an appointive or elective position, his or her service on and after the date he or she was or is so employed is covered by this subchapter. Deductions for the Fund may not be withheld from his or her pay. An amount equal to the annuity allocable to the period of actual employment shall be deducted from his or her pay. If the annuitant serves on a full-time basis, except as President, for at least one year in employment not excluding him or her from coverage under Section 8331(1)(i) or (ii) of this Title: (A) his or her annuity on termination of employment is increased by an annuity computed under Section 8339(a), (b), (d), (g), and (h) of this Title as may apply based on the period of employment and the basic pay, before deduction, averaged during that employment; and (B) his or her lump-sum credit may not be reduced by annuity paid during that employment. If the described employment of the annuitant continues for at least five years, he or she may elect, instead of the benefits provided by this subsection, to deposit in the Fund an amount computed under Section 8334(c) of this Title covering that employment and have his or her rights redetermined under this subchapter. A similar right to redetermination after deposit is applicable to an annuitant: (i) whose annuity is based on an involuntary separation from the service; and (ii) who is separated after 10/3/61, following a period of employment on a full-time basis which began before 10/1/56. The employment of an annuitant under this subsection does not create an annuity for or affect the annuity of a survivor. Payment of Benefits; Commencement, Termination, and Waiver of Annuity Section 8345(a) provides each annuity is stated as an annual amount, 1/12 of which, fixed at the nearest dollar, constitutes the monthly rate payable on the first business day of the month after the month or other period for which it has accrued. Section 8345(b) states except as otherwise provided, the annuity of an employee or Member commences on the day after he or she is separated from the service, or on the day after his or her pay ceases and he or she meets the service and the age or disability requirements for title to annuity. An annuity payable from the Fund allowed after 9/5/60, commences on the day after the occurrence of the event on which payment thereof is based. Section 8345(c) provides the annuity of a retired employee or Member terminates on the day death or other terminating event provided by this subchapter occurs. The annuity of a survivor terminates on the last day of the month before death or other terminating event occurs. Section 8345(d) states an individual entitled to annuity from the Fund may decline to accept all or any part of the annuity by a waiver signed and filed with the Civil Service Commission. The waiver may be revoked in writing at any time. Payment of the annuity waived may not be made for the period during which the waiver was in effect. Section 8345(e) provides payment due a minor, or an individual mentally incompetent or under other legal disability, may be made to the person who is con stituted guardian or other fiduciary by the law of the State of residence of the claimant or is otherwise legally vested with the care of the claimant or his estate. If a guardian or other fiduciary of the individual under legal disability has not been appointed under the law of the State of residence of the claimant, payment may be made to any person who, in the judgment of the Commission, is responsible for the care of the claimant, and the payment bars recovery by any other person. Exemption from Legal Process; Recovery of Payments Section 8346(a) states the money mentioned by this subchapter is not assignable, either in law or equity, or subject to execution, levy, attachment, garnishment, or other legal process. Section 8346(b) provides recovery of payments under this subchapter may not be made from an individual when, in the judgment of the Civil Service Com mission, the individual is without fault and recovery would be against equity and good conscience. Withholding or recovery of money mentioned by this subchapter on account of a certification or payment made by a former employee of the U.S. in the discharge of his or her official duties may be made only if the head of the agency on behalf of which the certification or payment was made certifies to the Commission that the certification or payment involved fraud on the part of the former employee. Administration; Regulations Section 8347(a) states the Civil Service Commission shall administer this subchapter. Except as otherwise specifically provided herein, the Commission shall perform, or cause to be performed, such acts and prescribe such regu lations as are necessary and proper to carry out this subchapter. Section 8347(b) provides applications under this subchapter shall be in such form as the Commission prescribes. Agencies shall support the applications by such certificates as the Commission considers necessary to the determination of the rights of applicants. The Commission shall adjudicate all claims under this subchapter. Section 8347(c) states the Commission shall determine questions of disability and dependency arising under this subchapter. The decisions of the Com mission concerning these matters are final and conclusive and are not subject to review. The Commission may direct at any time such medical or other examinations as it considers necessary to determine the facts concerning disability or dependency of an individual receiving or applying for annuity under this subchapter. The Commission may suspend or deny annuity for failure to submit to examination. Section 8347(d) provides an administrative action or order affecting the rights or interests of an individual or of the U.S. under this subchapter may be appealed to the Commission under procedures prescribed by the Commission. Section 8347(e) states the Commission shall fix the fees for examinations made under this subchapter by physicians or surgeons who are not medical officers of the U.S. The fees and reasonable traveling and other expenses incurred in connection with the examinations are paid from appropriations for the cost of administering this subchapter. Section 8347(f) provides the Commission shall select three actuaries, to be known as the Board of Actuaries of the Civil Service Retirement System. The Commission shall fix the pay of the members of the Board, except members otherwise in the employ of the U.S. The Board shall report annually on the actuarial status of the System and furnish its advice and opinion on matters referred to it by the Commission. The Board may recommend to the Commission and to Congress such changes as in the Board's judgment are necessary to protect the public interest and maintain the System on a sound financial basis. The Commission shall keep, or cause to be kept, such records as it considers necessary for making periodic actuarial valuations of the System. The Board shall make actuarial valuations every five years, or oftener if considered necessary by the Commission. Section 8347(g) states the Commission may exclude from the operation of this subchapter an employee or group of employees in or under an Executive agency whose employment is temporary or intermittent. Section 8347(h) provides the Commission, on recommendation by the Commissioners of the District of Columbia, may exclude from the operation of this subchapter an individual or group of individuals employed by the government of the District of Columbia whose employment is temporary or intermittent. Civil Service Retirement and Disability Fund Section 8348(a) states there is a Civil Service Retirement and Disability Fund. The Fund is appropriated for the payment of benefits as provided by this subchapter. Section 8348(b) provides the Sec. of Treasury may accept and credit to the Fund money received in the form of a donation, gift, legacy, or bequest, or otherwise contributed for the benefit of civil service employees generally. Section 8348(c) states the Sec. of Treasury shall immediately invest in interest-bearing securities of the U.S. such currently available portions of the Fund as are not immediately required for payments from the Fund. The income derived from these investments constitutes a part of the Fund. Section 8348(d) provides the purposes for which obligations of the U.S. may be issued under the Second Liberty Bond Act, as amended, are extended to authorize the issuance at par of public-debt obligations for purchase by the Fund. The obligations issued for purchase by the Fund shall have maturities fixed with due regard for the needs of the Fund and bear interest at a rate equal to the average market yield computed as of the end of the calendar month next preceding the date of the issue, borne by all marketable interest-bearing obligations of the U.S. then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of that calendar month. If the average market yield is not a multiple of 1/8 of 1%, the rate of interest on the obligations shall be the multiple of 1/8 of 1% nearest the average market yield. Section 8348(e) states the Sec. of Treasury may purchase other interest-bearing obligations of the U.S., or obligations guaranteed as to both principal and interest by the U.S., on original issue or at the market price only if he or she determines that the purchases are in the public interest. Section 8348(f) provides the Civil Service Commission shall submit estimates of the appropriations necessary to finance the Fund on a normal cost plus interest basis and to carry out this subchapter. Section 8348(g) states money now or hereafter contained in the Fund may not be used to pay an increase in annuity benefits or a new annuity benefit under this subchapter or an earlier statute which is authorized by amend ment thereof until and unless an appropriation is made to the Fund in an amount which the Commission estimates to be sufficient to prevent an immediate increase in the unfunded accrued liability of the Fund. Chapter 85 - Unemployment Compensation Subchapter I - Employees Generally Definition Section 8501(1) provides for the purpose of this subchapter: "Federal service" means service performed after 1952 in the employ of the U.S. or an instrumentality of the U.S. which is wholly or partially owned by the U.S. , but does not include service (except service to which subchapter II of this Chapter applies) performed: (A) by an elective official in the executive or legislative branch; (B) as a member of the armed forces; (C) by Foreign Service personnel for whom special separation allowances are provided under Chapter 14 of Title 22; (D) outside the U.S., the Commonwealth of Puerto Rico, and the Virgin Islands by an individual who is not a citizen of the U.S.; (E) by an individual excluded by regulations of the Civil Service Commission from the operation of subchapter III of Chapter 83 of this Title because he or she is paid on a contract or fee basis; (F) by an individual receiving nominal pay and allowances of $12 or less a year; (G) in a hospital, home, or other institution of the U.S. by a patient or inmate thereof; (H) by a student-employee as defined by Section 5351 of this Title; (I) by an individual serving on a temporary basis in case of fire, storm, earthquake, flood, or other similar emergency; (J) by an individual employed under a Federal relief program to relieve him from unemployment; (K) as a member of a State, county, or community committee under the Agricultural Stabilization and Conservation Service or of any other board, council, committee, or other similar body, unless the board, council, committee, or other body is composed exclusively of individuals otherwise in the full-time employ of the U.S.; or (L) by an officer or a member of the crew on or in connection with an American vessel: (i) owned by or bareboat chartered to the U.S.; and (ii) whose business is conducted by a general agent of the Sec. of Commerce; if contributions on account of the service are required to be made to an unemployment fund under a State unemployment compensation law under Section 3305(g) of Title 26. Section 8501(2) states for the purpose of this subchapter: "Federal wages" means all pay and allowances, in cash and in kind, for Federal service. Section 8501(3) provides for the purpose of this subchapter: "Federal employee" means an individual who has performed Federal service. Section 8501(4) states for the purpose of this subchapter: "compensation" means cash benefits payable to an individual with respect to his or her unemployment including any portion thereof payable with respect to dependents. Section 8501(5) provides for the purpose of this subchapter: "benefit year" means the benefit year as defined by the applicable State unemployment compensation law, and if not so defined the term means the period prescribed in the agreement under this subchapter with a State or, in the absence of such an agreement, the period prescribed by the Sec. of Labor. Section 8501(6) states for the purpose of this subchapter: "State" means the several States, the District of Columbia, and the Commonwealth of Puerto Rico. Section 8501(7) provides for the purpose of this subchapter: " U.S.", when used in a geographical sense, means the States. Compensation under State Agreement Section 8502(a) states the Sec. of Labor, on behalf of the U.S., may enter into an agreement with a State, or with an agency administering the unemployment compensation law of a State, under which the State agency shall: (1) pay, as agent of the U.S., compensation under this subchapter to Federal employees; and (2) otherwise cooperate with the Sec. of Labor and with other State agencies in paying compensation under this subchapter. Section 8502(b) provides except as provided by subsection (c) of this Section, the agreement shall provide that compensation will be paid by the State to a Federal employee in the same amount, on the same terms, and subject to the same conditions as the compensation which would be payable to him or her under the unemployment compensation law of the State if his or her Federal service and Federal wages assigned under Section 8504 of this Title to the State had been included as employment and wages under that State law. Section 8502(c) states in the case of the Commonwealth of Puerto Rico, the agreement shall provide that compensation will be paid by the Commonwealth to a Federal employee whose Federal service and Federal wages are assigned under Section 8504 of this Title to the Commonwealth (but only in the case of weeks of unemployment beginning before 1/1/66), in the same amount, on the same terms, and subject to the same conditions as the compensation which would be payable to him or her under the unemployment compensation law of the District of Columbia if his or her Federal service and Federal wages had been included as employment and wages under that law. However, if the Federal employee, without regard to his or her Federal service and Federal wages, has employment or wages sufficient to qualify for compensation during the benefit year under that law, then payments of compensation under this subsection may be made only on the basis of his or her Federal service and Federal wages. In applying this subsection, employment and wages under the unemployment compensation law of the Commonwealth may not be combined with Federal service or Federal wages. Section 8502(d) provides a determination by a State agency with respect to entitlement to compensation under an agreement is subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in that manner and to that extent. Section 8502(e) states each agreement shall provide the terms and conditions on which it may be amended or terminated. Compensation Absent State Agreement Section 8503(a) provides in the case of a Federal employee whose Federal service and Federal wages are assigned under Section 8504 of this Title to a State which does not have an agreement with the Sec. of Labor, the Sec., under regulations prescribed by him or her, shall, on the filing by the Federal employee of a claim for compensation under this subsection, pay compensation to him or her in the same amount, on the same terms, and subject to the same conditions as would be paid to him or her under the unemployment compensation law of the State if his or her Federal service and Federal wages had been included as employment and wages under that State law. However, if the Federal employee, without regard to his Federal service and Federal wages, has employment or wages sufficient to qualify for compensation during the benefit year under that State law, then payments of compensation under this subsection may be made only on the basis of his or her Federal service and Federal wages. For the purpose of this subsection, "State" does not include the Commonwealth of Puerto Rico in the case of weeks of unemployment beginning before 1/1/66. Section 8503(b) states in the case of a Federal employee whose Federal service and Federal wages are assigned under Section 8504 of this Title to: (1) the Virgin Islands; or (2) the Commonwealth of Puerto Rico with respect to weeks of unemployment beginning before 1/1/66; the Sec. of Labor, under regulations prescribed by him or her and on the filing of a claim for compensation under this subsection by the Federal employee, shall pay the compensation to him or her in the same amounts, on the same terms, and subject to the same conditions as would be paid to him or her under the unemployment compensation law of the District of Columbia if his or her Federal service and Federal wages had been included as employment and wages under that law. However, if the Federal employee, without regard to his or her Federal service and Federal wages, has employment or wages sufficient to qualify for compensation during the benefit year under that law, then payments of compensation under this subsection may be made only on the basis of his or her Federal service and Federal wages. In the case of weeks of unemployment beginning before 1/1/66, this subsection applies with respect to the Commonwealth of Puerto Rico only if the Commonwealth does not have an agreement under this subchapter with the Sec. of Labor. In applying this subsection, employment and wages under the unemployment compensation law of the Commonwealth may not be combined with Federal service or Federal wages. Section 8503(c) provides a Federal employee whose claim for compensation under subsection (a) or (b) of this Section is denied is entitled to a fair hearing under regulations prescribed by the Sec. of Labor. A final determination by the Sec. of Labor with respect to entitlement to compensation under this Section is subject to review by the courts in the same manner and to the same extent as is provided by Section 405(g) of Title 42. Section 8503(d) states for the purpose of this section, the Sec. of Labor may: (1) use the personnel and facilities of the agency in the Virgin Islands cooperating with the U.S. Employment Service under Chapter 4B of Title 29; and (2) delegate to officials of that agency the authority granted to him or her by this Section when he or she considers the delegation to be necessary in carrying out the purpose of this subchapter. For the purpose of payments made to that agency under Chapter 4B of Title 29, the furnishing of the personnel and facilities is deemed a part of the administration of the public employment offices of that agency. Assignment of Federal Service and Wages Section 8504 provides under regulations prescribed by the Sec. of Labor, the Federal service and Federal wages of a Federal employee shall be assigned to the State in which he or she had his or her last official station in Federal service before the filing of his or her first claim for compensation for the benefit year. However: (1) if, at the time of filing his or her first claim, he or she resides in another State in which he or she performed, after the termination of his or her Federal service, service covered under the unemployment compensation law of the other State, his or her Federal service and Federal wages shall be assigned to the other State; (2) if his or her last official station in Federal service, before filing his or her first claim, was outside the U.S., his or her Federal service and Federal wages shall be assigned to the State where he or she resides at the time he or she files his or her first claim; and (3) if his or her first claim is filed: (A) before 1/1/66, while he or she is residing in the Commonwealth of Puerto Rico; or (B) while he or she is residing in the Virgin Islands; his or her Federal service and Federal wages shall be assigned to the one in which he or she resides. In the ease of a first claim filed before 1/1/66, " U.S." in paragraph (2) of this Section does not include the Commonwealth of Puerto Rico. Payments to States Section 8505(a) states each State is entitled to be paid by the U.S. an amount equal to the additional cost to the State of payments of compensation in accordance with an agreement under this subchapter which would not have been made by the State but for the agreement. Section 8505(b) provides each State shall be paid, either in advance or by way of reimbursement as may be determined by the Sec. of Labor, the sum that the Sec. estimates the State is entitled to receive under this subchapter for each calendar month. The sum shall be reduced or increased by the amount which the Sec. finds that his or her estimate for an earlier calendar month was greater or less than the sum which should have been paid to the State. An estimate may be made on the basis of a statistical, sampling, or other method agreed on by the Sec. and the State agency. Section 8505(c) states the Sec. of Labor, from time to time, shall certify to the Sec. of Treasury the sum payable to each State under this Section. The Sec. of Treasury, before audit or settlement by the GAO, shall pay the State in accordance with the certification from the funds for carrying out the purposes of this subchapter. Section 8505(d) provides money paid a State under this subchapter may be used solely for the purposes for which it is paid. Money so paid which is not used for these purposes shall be returned, at the time specified by the agreement, to the Treasury of the U.S. and credited to current applicable appropriations, funds, or accounts from which payments to States under this subchapter may be made. Section 8505(e) states an agreement may: (1) require each State officer or employee who certifies payments or disburses funds under the agreement, or who otherwise participates in its performance, to give a surety bond to the U.S. in the amount the Secretary considers necessary; and (2) provide for payment of the cost of the bond from funds for carrying out the purposes of this subchapter. Section 8505(f) provides in the absence of gross negligence or intent to defraud the U.S., an individual designated by the Sec. of Labor, or designated under an agreement, as a certifying official is not liable for the payment of compensation certified by him or her under this subchapter. Section 8505(g) states in the absence of gross negligence or intent to defraud the U.S., a disbursing official is not liable for a payment by him or her under this subchapter if it was based on a voucher signed by a certifying official designated as provided by subsection (f) of this Section. Section 8505(h) provides for the purpose of payments made to a State under subchapter III of Chapter 7 of Title 42, administration by a State agency under an agreement is deemed a part of the administration of the State unemployment compensation law. Dissemination of Information Section 8506(a) states each agency of the U.S. and each wholly or partially owned instrumentality of the U.S. shall make available to State agencies which have agreements under this subchapter, or to the Sec. of Labor, as the case may be, such information concerning the Federal service and Federal wages of a Federal employee as the Sec. considers practicable and necessary for the determination of the entitlement of the Federal employee to compensation under this subchapter. The information shall include the findings of the employing agency concerning: (1) whether or not the Federal employee has performed Federal service; (2) the periods of Federal service; (3) the amount of Federal wages; and (4) the reasons for termination of Federal service. The employing agency shall make the findings in the form and manner prescribed by regulations of the Sec. of Labor. The regulations shall include provision for correction by the employing agency of errors and omissions. Findings made in accordance with the regulations are final and conclusive for the purpose of Sections 8502(d) and 8503(c) of this Title. This subsection does not apply with respect to Federal service and Federal wages covered by subchapter II of this Chapter. Section 8506(b) provides the agency administering the unemployment compensation law of a State shall furnish the Sec. of Labor such information as he or she considers necessary or appropriate in carrying out this subchapter. The information is deemed the report required by the Sec. for the purpose of Section 503(a)(6) of Title 42. False Statements and Misrepresentations Section 8507(a) states if a State agency, the Sec. of Labor, or a court of competent jurisdiction finds that an individual: (1) knowingly has made, or caused to be made by another, a false statement or representation of a material fact, or knowingly has failed, or caused another to fail, to disclose a material fact; and (2) as a result of that action has received an amount as compensation under this subchapter to which he or she was not entitled; the individual shall repay the amount to the State agency or the Sec. of Labor. Instead of requiring repayment under this subsection, the State agency or the Sec. may recover the amount by deductions from compensation payable to the individual under this subchapter during the two-year period after the date of the finding. A finding by a State agency or the Sec. may be made only after an opportunity for a fair hearing, subject to such further review as may be appropriate under Sections 8502(d) and 8503(c) of this Title. Section 8507(b) provides an amount repaid under subsection (a) of this Section shall be: (1) deposited in the fund from which payment was made, if the repayment was to a State agency; or (2) returned to the Treasury of the U.S. and credited to the current applicable appropriation, fund, or account from which payment was made, if the repayment was to the Sec. of Labor. Regulations Section 8508 states the Sec. of Labor may prescribe rules and regulations necessary to carry out this subchapter and subchapter II of this Chapter. The Sec., insofar as practicable, shall consult with representatives of the State unemployment compensation agencies before prescribing rules or regulations which may affect the performance by the State agencies of functions under agreements under this subchapter. Chapter 87 - Life Insurance Definition Section 8701(a) provides for the purpose of this chapter, "employee" means: (1) an employee as defined by Section 2105 of this title; (2) a Member of Congress as defined by Section 2106 of this Title; (3) a Congressional employee as defined by Section 2107 of this Title; (4) the President; (5) an individual employed by the government of the District of Columbia; (6) an individual employed by Gallaudet College; (7) a U.S. Commissioner to whom subchapter III of Chapter 83 of this Title applies by operation of Section 8331(1)(E) of this Title; (8) an individual employed by a county committee established under Section 590h(b) of Title 16; and (9) an individual appointed to a position on the office staff of a former President under Section 1(b) of the Act of 8/25/58; but does not include: (A) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors; (B) a non-citizen employee whose permanent duty station is outside the U.S.; or (C) an employee excluded by regulation of the Civil Service Commission under Section 8716(b) of this Title. Section 8701(b) states notwithstanding subsection (a) of this Section, the employment of a teacher in the recess period between two school years in a position other than a teaching position in which he or she served immediately before the recess period does not qualify the individual as an employee for the purpose of this Chapter. For the purpose of this subsection, "teacher" and "teaching position" have the meanings given them by Section 901 of Title 20. Automatic Coverage Section 8702(a) provides an employee is automatically insured on the date he or she becomes eligible for insurance and each policy of insurance purchased by the Civil Service Commission under this Chapter shall provide for that automatic coverage. Section 8702(b) states an employee desiring not to be insured shall give written notice to his or her employing office on a form prescribed by the Commission. If the notice is received before he or she has become insured, he or she shall not be insured. If the notice is received after he or she has become insured, his or her insurance stops at the end of the pay period in which the notice is received. Benefit Certificate Section 8703 provides the Civil Service Commission shall arrange to have each insured employee receive a certificate setting forth the benefits to which he or she is entitled, to whom the benefits are payable, to whom the claims shall be submitted, and summarizing the provisions of the policy principally affecting him or her. The certificate is issued instead of the certificate which the insurance company would otherwise be required to issue. Group Insurance; Amounts Section 8704(a) states an employee eligible for insurance is entitled to be insured for an amount of group life insurance approximating his or her annual pay not exceeding $20,000 plus an equal amount of group accidental death and dismemberment insurance, in accordance with the schedule listed in this Section. Section 8704(b) provides subject to the conditions and limitations approved by the Civil Service Commission which are contained in the policy purchased by the Commission, the group accidental death and dismemberment insurance provides payment listed in this Section. For any one accident the aggregate amount of group accidental death and dismemberment insurance that may be paid may not exceed the amount shown in the schedule in subsection (a) of this Section. Section 8704(c) states the Commission shall prescribe regulations providing for the conversion of other than annual rates of pay to annual rates of pay and shall specify the types of pay included in annual pay. Section 8704(d) provides in determining the amount of insurance to which an employee is entitled: (1) a change in rate of pay under Section 5337 of this Title is deemed effective as of the first day of the pay period after the pay period in which the payroll change is approved; and (2) a change in rate of pay under Section 5343 of this Title is deemed effective as of the date of issuance of the order granting the increase or the effective date of the increase, whichever is later. Death Claims; Order of Precedence; Escheat Section 8705(a) states the amount of group life insurance and group accidental death insurance in force on an employee at the date of his or her death shall be paid, on the establishment of a valid claim, to the person or persons surviving at the date of his or her death, in the following order of precedence: First, to the beneficiary or beneficiaries designated by the employee in a writing received in the employing office before 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 appointed executor or administrator of the estate of the employee. Sixth, if none of the above, to other next of kin of the employee entitled under the laws of the domicile of the employee at the date of his or her death. Section 8705(b) provides if, within one year after the death of the employee, no claim for payment has been filed by a person entitled under the order of prece dence named by subsection (a) of this Section, or if payment to the person within that period is prohibited by Federal statute or regulation, payment may be made in the order of precedence as if the person had predeceased the employee, and the payment bars recovery by any other person. Section 8705(c) states if, within two years after the death of the employee, no claim for payment has been filed by a person entitled under the order of precedence named by subsection (a) of this Section, and neither the Civil Service Commission nor the administrative office established by the company concerned pursuant to Section 8709(b) of this Title has received notice that such a claim will be made, payment may be made to the claimant who in the judgment of the Commission is equitably entitled thereto, and the payment bars recovery by any other person. Section 8705(d) states if, within four years after the death of the employee, payment has not been made under this Section and no claim for payment by a person entitled under this Section is pending, the amount payable escheats to the credit of the Employees' Life Insurance Fund. Termination of Insurance Section 8706(a) provides a policy purchased under this chapter shall contain a provision, approved by the Civil Service Commission, to the effect that insurance on an employee stops on his or her separation from the service or 12 months after discontinuance of his or her pay, whichever is earlier, subject to a provision for temporary extension of life insurance coverage and for conversion to an individual policy of life insurance under conditions approved by the Commission. Section 8706(b) states if on the date the insurance would otherwise stop the employee retires on an immediate annuity and: (1) his or her retirement is for disability; or (2) he or she has completed 12 years of creditable service as determined by the Commission; his or her life insurance only may be continued, without cost to him or her, under conditions determined by the Commission. Periods of honorable, active service in the armed forces shall be credited toward the required 12 years if the employee has completed at least five years of civilian service. The amount of life insurance continued under this subsection shall be reduced by 2% at the end of each full calendar month after the date the employee becomes 65 years of age or retires, whichever is later. The Commission may prescribe minimum amounts, not less than 25% of the amount of life insurance in force before the first reduction, to which the insurance may be reduced. Section 8706(c) provides if on the date the insurance would otherwise stop the employee is receiving benefits under subchapter I of Chapter 81 of this Title because of disease or injury to himself or herself, his or her life insurance only may be continued, without cost to him or her, under conditions determined by the Commission while he is receiving the benefits and is held by the Dept. of Labor to be unable to return to duty. Section 8706(d) states the insurance granted to an employee stops, except for a 31-day extension of life insurance coverage, on the day immediately before his or her entry on active duty or active duty for training unless the period of duty is covered by military leave with pay. The insurance does not stop during a period of inactive duty training. For the purpose of this subsection, the terms "active duty", "active duty for training", and "inactive duty training" have the meanings given them by Section 101 of Title 38. Employee Deductions; Withholding Section 8707 provides during each period in which an employee is insured under a policy of insurance purchased by the Civil Service Commission under Section 8709 of this Title, an amount determined by the Commission shall be withheld from the pay of the employee as his or her share of the cost of his or her group life and accidental death and dismemberment insurance. The amount may not exceed the rate of 25¢ biweekly for each $1,000 of his or her group life insurance. The amount withheld from an employee paid on other than a biweekly basis is determined at a proportional rate adjusted to the nearest cent. Government Contributions Section 8708(a) states for each period in which an employee is insured under a policy of insurance purchased by the Civil Service Commission under Section 8709 of this Title, a sum computed at a rate determined by the Com mission shall be contributed from the appropriation or fund which is used to pay him or her. The sum may not exceed ½ the amount which is withheld from the pay of the employee under Section 8707 of this Title. Insurance Policies Section 8709(a) provides the Civil Service Commission, without regard to Section 5 of Title 41, may purchase from one or more life insurance companies a policy or policies of group life and accidental death and dismember ment insurance to provide the benefits specified by this Chapter. A company must meet the following requirements: (1) it must be licensed to transact life and accidental death and dismemberment insurance under the laws of 48 of the States and the District of Columbia; (2) it must have in effect, on the most recent 12/31 for which information is available to the Commission, an amount of employee group life insurance equal to at least 1% of the total amount of employee group life insurance in the U.S. in all life insurance companies. Section 8709(b) states a company issuing a policy under subsection (a) of this Section shall establish an administrative office under a name approved by the Commission. Section 8709(c) provides the Commission at any time may discontinue a policy purchased from a company under subsection (a) of this Section. Reinsurance Section 8710(a) states the Civil Service Commission shall arrange with a company issuing a policy under this Chapter for the reinsurance, under con ditions approved by the Commission, of portions of the total amount of insurance under the policy, determined under this Section, with other life insurance companies which elect to participate in the reinsurance. Section 8710(b) provides the Commission shall determine for and in advance of a policy year which companies are eligible to participate as reinsurers and the amount of insurance under a policy which is to be allocated to the issuing company and to reinsurers. The Commission shall make this determination at least every three years and when a participating company withdraws. Section 8710(c) states the Commission shall establish a formula under which the amount of insurance retained by an issuing company after ceding re insurance, and the amount of reinsurance ceded to each reinsurer, is in proportion to the total amount of each company's group life insurance, excluding insurance purchased under this chapter, in force in the U.S. on the determination date, which is the most recent 12/31 for which information is available to the Commission. In determining the proportions, the portion of a company's group life insurance in force on the determination date in excess of $100,000,000 shall be reduced by: (1) 25% of the first $100,000,000 of the excess; (2) 50% of the second $100,000,000 of the excess; (3) 75% of the third $100,000,000 of the excess; and (4) 95% of the remaining excess. However, the amount retained by or ceded to a company may not exceed 25% of the amount of the company's total life insurance in force in the U.S. on the determination date. Section 8710(d) provides a fraternal benefit association which is: (1) licensed to transact life insurance under the laws of a State or the District of Columbia; and (2) engaged in issuing insurance certificates on the lives of employees of the U.S. exclusively; i s eligible to act as a reinsuring company and may be allocated an amount of reinsurance equal to 25% of its total life insurance in force on employees of the U.S. on the determination date named by subsection (c) of this Section. Section 8710(e) states an issuing company or reinsurer is entitled, as a minimum, to be allocated an amount of insurance under the policy equal to any reduction from 12/31/53, to the determination date, in the amount of the company's group life insurance under policies issued to associations of employees of the U.S. However, any increase under this subsection in the amount allocated is reduced by the amount in force on the determination date of any policy covering life insurance agreements assumed by the Commission. Section 8710(f) provides the Commission may modify the computations under this Section as necessary to carry out the intent of this Section. Basic Tables of Premium Rates Section 8711(a) states a policy purchased under this chapter shall include, for the first policy year, basic tables of premium rates as follows: (1) for group life insurance, a schedule of basic premium rates by age which the Civil Service Commission determines to be consistent with the lowest schedule of basic premium rates generally charged for new group life insurance policies issued to large employers; (2) for group accidental death and dismemberment insurance, a basic premium rate which the Commission determines is consistent with the lowest rate generally charged for new group accidental death and dismemberment policies issued to large employers. The schedule for group life insurance, except as otherwise provided by this Section, shall be applied to the distribution by age of the amounts of group life insurance under the policy at its date of issuance to determine an average basic premium rate per $1,000 of life insurance. Section 8711(b) provides the policy shall provide that the basic premium rates determined for the first policy year continue for later policy years except as readjusted for a later year based on experience under the policy. The company issuing the policy may make the readjustment on a basis that the Commission determines in advance of the policy year is consistent with the general practice of life insurance companies under policies of group life and group accidental death and dismemberment insurance issued to large employers. Section 8711(c) states the policy shall provide that if the Commission determines that ascertaining the actual age distribution of the amounts of group life insurance in force at the date of issue of the policy or at the end of the first or any later year of insurance thereunder would not be possible except at a disproportionately high expense, the Commission may approve the determination of a tentative average group life premium rate, for the first or any later policy year, instead of using the actual age distribution. The Commission, on request by the company issuing the policy, shall redetermine the tentative average premium rate during any policy year, if experience indicates that the assumptions made in determining that rate were incorrect for that year. Section 8711(d) provides the policy shall stipulate the maximum expense and risk charges for the first policy year. The Commission shall determine these charges on a basis consistent with the general level of charges made by life insurance companies under policies of group life and accidental death and dismemberment insurance issued to large employers. The maximum charges continue from year to year, except that the Commission may redetermine them for any year either by agreement with the company issuing the policy or on written notice given to the company at least one year before the beginning of the year for which the redetermined maximum charges will be effective. Annual Accounting; Special Contingency Reserve Section 8712 states a policy purchased under this chapter shall provide for an accounting to the Civil Service Commission not later than 90 days after the end of each policy year. The accounting shall set forth, in a form approved by the Commission: (1) the amounts of premiums actually accrued under the policy from its date of issue to the end of the policy year; (2) the total of all mortality and other claim charges incurred for that period; and (3) the amounts of the insurers' expense and risk charges for that period. An excess of the total of paragraph (1) of this Section over the sum of paragraphs (2) and (3) of this Section shall be held by the company issuing the policy as a special contingency reserve to be used by the company only for charges under the policy. The reserve shall bear interest at a rate determined in advance of each policy year by the company and approved by the Commission as being consistent with the rates generally used by the company for similar funds held under other group life insurance policies. When the Commission determines that the special contingency reserve has attained an amount estimated by it to make satisfactory provision for adverse fluctuations in future charges under the policy, any further excess shall be deposited in the Treasury of the U.S. to the credit of the Employees' Life Insurance Fund. When a policy is discontinued, any balance remaining in the special contingency reserve after all charges have been made shall be deposited in the Treasury to the credit of the Fund. The company may make the deposit in equal monthly installments over a period of not more than two years. Advisors Section 8713(a) provides there is an Advisory Council on Group Insurance consisting of the Sec. of Treasury as Chairman, the Sec. of Labor, and the Dir. of the Bureau of the Budget. The Council mem bers serve without additional pay. The Council shall: (1) meet once a year, or oftener as called by the Civil Service Commission; (2) review the operations under this Chapter; and (3) advise the Commission on matters of policy relating to its activities thereunder. Section 8713(b) states the Chairman of the Commission shall appoint a committee composed of five employees insured under this Chapter, who serve without additional pay, to advise the Commission regarding matters of concern to employees under this Chapter. Employees’ Life Insurance Fund Section 8714(a) provides the amounts withheld from employees under Section 8707 of this Title and the sums contributed from appropriations and funds under Section 8708 of this Title shall be deposited in the Treasury of the U.S. to the credit of the Employees' Life Insurance Fund. The Fund is available without fiscal year limitation for: (1) premium payments under an insurance policy purchased under this Chapter; and (2) expenses incurred by the Civil Service Commission in the administration of this Chapter within the limitations that may be specified annually by appropriation acts. Section 8714(b) states the Sec. of Treasury may invest and reinvest any of the money in the Fund in interest-bearing obligations of the U.S. , and may sell these obligations for the purposes of the Fund. The interest on and the proceeds from the sale of these obligations, and the income derived from dividend or premium rate adjustments from insurers, become a part of the Fund. Jurisdiction of Courts Section 8715 provides the district courts of the U.S. have original jurisdiction, concurrent with the Court of Claims, of a civil action or claim against the U.S. founded on this Chapter. Regulations Section 8716(a) states the Civil Service Commission may prescribe regulations necessary to carry out the purposes of this Chapter. Section 8716(b) provides the regulations of the Commission may prescribe the time at which and the conditions under which an employee is eligible for coverage under this Chapter. The Commission, after consulting the head of the agency or other employing authority concerned, may exclude an employee on the basis of the nature and type of his or her employment or conditions pertaining to it, such as short-term appointment, seasonal, intermittent or part-time employment, and employment of like nature. The Commission may not exclude: (1) an employee or group of employees solely on the basis of the hazardous nature of employment; or (2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by Section 1501 of Title 31, District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years. Section 8716(c) states the Sec. of USDA shall prescribe regulations to effect the application and operation of this chapter to an individual named by Section 8701(a)(8) of this Title. Chapter 89 - Health Insurance Definitions Section 8901(1) provides for the purpose of this Chapter: "employee" means: (A) an employee as defined by Section 2105 of this Title; (B) a Member of Congress as defined by Section 2106 of this Title; (C) a Congressional employee as defined by Section 2107 of this Title; (D) the President; (E) an individual employed by the government of the District of Columbia; (F) an individual employed by Gallaudet College; (G) a U.S. Commissioner to whom subchapter III of Chapter 83 of this Title applies by operation of Section 8331(1)(E) of this Title; and (H) an individual employed by a county committee established under Section 590h (b) of Title 16; but does not include: (i) an employee of a corporation supervised by the Farm Credit Administration if private interests elect or appoint a member of the board of directors; (ii) a non-citizen employee whose permanent duty station is outside the U.S.; (iii) an employee of the Tennessee Valley Authority; or (iv) an employee excluded by regulation of the Civil Service Commission under Section 8913(b) of this Title. Section 8901(2) states for the purpose of this Chapter: "Government" means the Government of the U.S. and the government of the District of Columbia. Section 8901(3) provides for the purpose of this Chapter: "annuitant" means: (A) an employee who retires on an immediate annuity un der subchapter III of Chapter 83 of this Title or another retirement system for employees of the Government, after 12 or more years of service or for disability; (B) a member of a family who receives an immediate annuity as the survivor of a retired employee described by subparagraph (A) of this paragraph or of an employee who dies after completing five or more years of service; (C) an employee who receives monthly compensation under subchapter I of Chapter 81 of this Title and who is determined by the Sec. of Labor to be unable to return to duty; and (D) a member of a family who receives monthly compensation under subchapter I of Chapter 81 of this Title as the surviving beneficiary of: (i) an employee who, having completed five or more years of service, dies as a result of injury or illness compensable under that subchapter; or (ii) a former employee who is separated after having completed five or more years of service and who dies while receiving monthly compensation under that subchapter and who has been held by the Sec. of Labor to have been unable to return to duty. Section 8901(4) states for the purpose of this Chapter: "service", as used by paragraph (3) of this Section, means service which is creditable under subchapter III of Chapter 83 of this Title. Section 8901(5) provides for the purpose of this Chapter: "member of family" means the spouse of an employee or annuitant and an unmarried child under 21 years of age, including: (A) an adopted child; and (B) a stepchild, foster child, or recognized natural child who lives with the employee or annuitant in a regular parent-child relationship; or such an unmarried child regardless of age who is incapable of self-support because of mental or physical disability which existed before age 21. Section 8901(6) states for the purpose of this Chapter: "health benefits plan" means a group insurance policy or contract, medical or hospital service agreement, membership or subscription contract, or similar group arrangement provided by a carrier for the purpose of providing, paying for, or reimbursing expenses for health services. Section 8901(7) provides for the purpose of this Chapter: "carrier" means a voluntary association, corporation, partnership, or other nongovernmental organization which is lawfully engaged in providing, paying for, or reimbursing the cost of, health services under group insurance policies or contracts, medical or hospital service agreements, membership or subscription contracts, or similar group arrangements, in consideration of premiums or other periodic charges payable to the carrier, including a health benefits plan duly sponsored or underwritten by an employee organization. Section 8901(8) states for the purpose of this Chapter: "employee organization” means an association or other organization of employees which is national in scope, or in which membership is open to all employees of a Government agency who are eligible to enroll in a health benefits plan under this Chapter, and which, before 1/1/64, applied to the Commission for approval of a plan provided under Section 8903(3) of this Title. Contracting Authority Section 8902(a) provides the Civil Service Commission may contract with qualified carriers offering plans described by Section 8903 of this title, without regard to Section 5 of Title 41 or other statute requiring competitive bidding. Each contract shall be for a uniform term of at least one year, but may be made automatically renewable from term to term in the absence of notice of termination by either party. Section 8902(b) states to be eligible as a carrier for the plan described by Section 8903(2) of this Title, a company must be licensed to issue group health insurance in all the States and the District of Columbia. Section 8902(c) provides a contract for a plan described by Section 8903(1) or (2) of this Title shall require the carrier: (1) to reinsure with other companies which elect to participate, under an equitable formula based on the total amount of their group health insurance benefit payments in the U.S. during the latest year for which the information is available, to be determined by the carrier and approved by the Commission; or (2) to allocate its rights and obligations under the contract among its affiliates which elect to participate, under an equitable formula to be determined by the carrier and the affiliates and approved by the Commission. Section 8902(d) states each contract under this Chapter shall contain a detailed statement of benefits offered and shall include such maximums, limit ations, exclusions, and other definitions of benefits as the Commission considers necessary or desirable. Section 8902(e) provides the Commission may prescribe reasonable minimum standards for health benefits plans described by Section 8903 of this Title and for carriers offering the plans. Approval of a plan may be withdrawn only after notice and opportunity for hearing to the carrier concerned without regard to subchapter II of Chapter 5 and Chapter 7 of this Title. The Commission may terminate the contract of a carrier effective at the end of the contract term, if the Commission finds that at no time during the preceding two contract terms did the carrier have 300 or more employees and annuitants, exclusive of family members, enrolled in the plan. Section 8902(f) states a contract may not be made or a plan approved which excludes an individual because of race, sex, health status, or, at the time of the first opportunity to enroll, because of age. Section 8902(g) provides a contract may not be made or a plan approved which does not offer to each employee or annuitant whose enrollment in the plan is ended, except by a cancellation of enrollment, a temporary extension of coverage during which he may exercise the option to convert, without evidence of good health, to a non-group contract providing health benefits. An employee or annuitant who exercises this option shall pay the full periodic charges of the non-group contract. Section 8902(h) states the benefits and coverage made available under subsection (g) of this Section are non-cancelable by the carrier except for fraud, over-i nsurance, or nonpayment of periodic charges. Section 8902(i) provides rates charged under health benefits plans described by Section 8903 of this Title shall reasonably and equitably reflect the cost of the benefits provided. Rates under health benefits plans described by Section 8903(1) and (2) of this Title shall be determined on a basis which, in the judgment of the Commission, is consistent with the lowest schedule of basic rates generally charged for new group health benefit plans issued to large employers. The rates determined for the first contract term shall be continued for later contract terms, except that they may be readjusted for any later term, based on past experience and benefit adjustments under the later contract. Any readjustment in rates shall be made in advance of the contract term in which they will apply and on a basis which, in the judgment of the Commission, is consistent with the general practice of carriers which issue group health benefit plans to large employers. Health Benefits Plans Section 8903(1) states the Civil Service Commission may contract for or approve the following health benefits plan: Service Benefit Plan: One Government-wide plan, offering two levels of benefits, under which payment is made by a carrier under contracts with physicians, hospitals, or other providers of health services for benefits of the types described by Section 8904(1) of this title given to employees or annuitants, or members of their families, or, under certain conditions, payment is made by a carrier to the employee or annuitant or member of his or her family. Section 8903(2) provides the Civil Service Commission may contract for or approve the following health benefits plan: Indemnity Benefit Plan: One Government-wide plan, offering two levels of benefits, under which a carrier agrees to pay certain sums of money, not in excess of the actual expenses incurred, for benefits of the types described by section 8904(2) of this title. Section 8903(3) states the Civil Service Commission may contract for or approve the following health benefits plan: Employee organization plans which offer benefits of the types referred to by Section 8904 (3) of this Title, which are sponsored or underwritten, and are administered, in whole or substantial part, by employee organizations, which are available only to individuals, and members of their families, who at the time of enrollment are members of the organization. Section 8903(4) provides the Civil Service Commission may contract for or approve the following health benefits plan: Comprehensive Medical Plans: (A) Group-practice prepayment plans which offer health benefits of the types referred to by Section 8904(4) of this Title, in whole or in substantial part on a prepaid basis, with professional services thereunder provided by physicians practicing as a group in a common Center or centers. The group shall include physicians representing at least three major medical specialties who receive all or a substantial part of their professional income from the prepaid funds; (B) Individual-practice prepayment plans which offer health services in whole or substantial part on a prepaid basis, with professional services thereunder provided by individual physicians who agree, under certain conditions approved by the Commission, to accept the payments provided by the plans as full payment for covered services given by them including, in addition to in-hospital services, general care given in their offices and the patients' homes, out-of-hospital diagnostic procedures, and preventive care, and which plans are offered by organizations which have successfully operated similar plans before approval by the Commission of the plan in which employees may enroll. Types of Benefits Section 8904(1) states the benefits to be provided under plans described by Section 8903 of this Title may be of the following types: Service Benefit Plan: (A) Hospital benefits; (B) Surgical benefits; (C) In-hospital medical benefits; (D) Ambulatory patient benefits; (E) Supplemental benefits; (F) Obstetrical benefits. Section 8904(2) provides the benefits to be provided under plans described by Section 8903 of this Title may be of the following types: Indemnity Benefit Plan: (A) Hospital care; (B) Surgical care and treatment; (C) Medical care and treatment; (D) Obstetrical benefits; (E) Prescribed drugs, medicines, and prosthetic devices; (F) Other medical supplies and services. Section 8904(3) states the benefits to be provided under plans described by Section 8903 of this Title may be of the following types: Employee Organization Plans: Benefits of the types named under paragraph (1) or (2) of this Section or both. Section 8904(4) provides the benefits to be provided under plans described by Section 8903 of this Title may be of the following types: Comprehensive Medical Plans: Benefits of the types named under paragraph (1) or (2) of this Section or both. All plans contracted for under paragraphs (1) and (2) of this Section shall include benefits both for costs associated with care in a general hospital and for other health services of a catastrophic nature. Elections of Coverage Section 8905(a) states an employee may enroll in an approved health benefits plan described by Section 8903 of this Title either as an individual or for self and family. Section 8905(b) provides an annuitant who at the time he becomes an annuitant was enrolled in a health benefits plan under this Chapter: (1) as an employee for a period of not less than: (A) the five years of service immediately before retirement; (B) the full period or periods of service between the last day of the first period, as prescribed by regulations of the Civil Service Commission, in which he is eligible to enroll in the plan and the date on which he or she becomes an annuitant; or (C) the full period or periods of service beginning with the enrollment which became effective before 1/1/65, and ending with the date on which he or she becomes an annuitant; whichever is shortest; or (2) as a member of the family of an employee or annuitant; may continue his or her enrollment under the conditions of eligibility prescribed by regulations of the Commission. Section 8905(c) states if an employee has a spouse who is an employee, either spouse, but not both, may enroll for self and family, or each spouse may enroll as an individual. However, an individual may not be enrolled both as an employee or annuitant and as a member of the family. Section 8905(d) provides an employee or annuitant enrolled in a health benefits plan under this Chapter may change his or her coverage or that of himself or herself and members of his or her family by an application filed within 60 days after a change in family status or at other times and under conditions prescribed by regulations of the Commission. Section 8905(e) states an employee or annuitant may transfer enrollment from a health benefits plan described by Section 8903 of this Title to another plan described by that Section at the times and under the conditions prescribed by regulations of the Commission. Contributions Section 8906(a) provides except as provided by subsection (b) of this Section, the Government contribution for health benefits for employees or annuitants enrolled in health benefits plans under this Chapter, in addition to the contributions required by subsection (c) of this Section, is 50% of the lowest rates charged by a carrier for a level of benefits offered by a plan under Section 8903(1) or (2) of this Title, but: (1) not less than $1.25 or more than $1.75 biweekly for an employee or annuitant who is enrolled for self alone; and (2) not less than $3 or more than $4.25 biweekly for an employee or annuitant who is enrolled for self and family. Section 8906(b) states the Government contribution for an employee or annuitant enrolled in a plan described by Section 8903(3) or (4) of this Title for which the biweekly subscription charge is less than twice the Government contribution established under subsection (a) of this Section, is 50% of the subscription charge. Section 8906(c) provides there shall be withheld from the pay of each enrolled employee and the annuity of each enrolled annuitant and there shall be contr ibuted by the Government, amounts, in the same ratio as the contributions of the employee or annuitant and the Government under subsections (a) and (b) of this Section, which are necessary for the administrative costs and the reserves provided for by Section 8909(b) of this Title. Section 8906(d) states the amount necessary to pay the total charge for enrollment, after the Government contribution is deducted, shall be withheld from the pay of each enrolled employee and from the annuity of each enrolled annuitant. The withholding for an annuitant shall be the same as that for an employee enrolled in the same health benefits plan and level of benefits. Section 8906(e) provides an employee enrolled in a health benefits plan under this Chapter who is placed in a leave without pay status may have his or her coverage and the coverage of members of his or her family continued under the plan for not to exceed one year under regulations prescribed by the Commission. The regulations may provide for the waiving of contributions by the employee and the Government. Section 8906(f) states the Government contributions for health benefits for an employee shall be paid: (1) in the case of employees generally, from the appropriation or fund which is used to pay the employee; (2) in the case of an elected official, from an appropriation or fund available for payment of other salaries of the same office or establishment; (3) in the case of an employee of the legislative branch who is paid by the Clerk of the House of Representatives, from the contingent fund of the House; and (4) in the case of an employee in a leave without pay status, from the appropriation or fund which would be used to pay the employee if he were in a pay status. Section 8906(g) provides the Government contributions authorized by subsection (a) of this Section for health benefits for an annuitant shall be paid from an nual appropriations which are authorized to be made for that purpose. Section 8906(h) states the Commission shall provide for conversion of biweekly rates of contribution specified by this section to rates for employees and annuitants paid on other than a biweekly basis, and for this purpose may provide for the adjustment of the converted rate to the nearest cent. Information to Employees Section 8907(a) provides the Civil Service Commission shall make available to each employee eligible to enroll in a health benefits plan under this Chapter such information, in a form acceptable to the Commission after con sultation with the carrier, as may be necessary to enable the employee to exercise an informed choice among the types of plans described by Section 8903 of this Title. Section 8907(b) states each employee enrolled in a health benefits plan shall be issued an appropriate document setting forth or summarizing the: (1) services or benefits, including maximums, limitations, and exclusions, to which the employee or the employee and members of his or her family are entitled thereunder; (2) procedure for obtaining benefits; and (3) principal provisions of the plan affecting the employee or members of his or her family. Coverage of Restored Employee Section 8908 provides an employee enrolled in a health benefits plan under this Chapter who is removed or suspended without pay and later reinstated or restored to duty on the ground that the removal or suspension was un justified or unwarranted may, at his or her option, enroll as a new employee or have his or her coverage restored, with appropriate adjustments made in contributions and claims, to the same extent and effect as though the removal or suspension had not taken place. Employee Health Benefits Fund Section 8909(a) states there is in the Treasury of the U.S. an Employees Health Benefits Fund which is administered by the Civil Service Com mission. The contributions of employees, annuitants, and the Government described by Section 8906 of this Title shall be paid into the Fund. The Fund is available: (1) without FY limitation for all payments to approved health benefits plans; and (2) to pay expenses for administering this chapter within the limitations that may be specified annually by Congress. Section 8909(b) provides portions of the contributions made by employees, annuitants, and the Government shall be regularly set aside in the Fund as follows: (1) a percentage, not to exceed 1% of all contributions, determined by the Commission to be reasonably adequate to pay the administrative expenses made available by subsection (a) of this Section; (2) for each health benefits plan, a percentage, not to exceed 3% of the contributions toward the plan, determined by the Commission to be reasonably adequate to provide a contingency reserve. The Commission, from time to time and in amounts it considers appropriate, may transfer unused funds for administrative expenses to the contingency reserves of the plans then under contract with the Commission. When funds are so transferred, each contingency reserve shall be credited in proportion to the total amount of the subscription charges paid and accrued to the plan for the contract term immediately before the contract term in which the transfer is made. The income derived from dividends, rate adjustments, or other refunds made by a plan shall be credited to its contingency reserve. The contingency reserves may be used to defray increases in future rates, may be applied to reduce the contributions of employees and the Government to, or to increase the benefits provided by, the plan from which the reserves are derived, as the Commission from time to time shall determine. Section 8909(c) states the Sec. of Treasury may invest and reinvest any of the money in the Fund in interest-bearing obligations of the U.S. , and may sell these obligations for the purposes of the Fund. The interest on and the proceeds from the sale of these obligations become a part of the Fund. Section 8909(d) provides when the assets, liabilities, and membership of employee organizations sponsoring or underwriting plans approved under Section 8903(3) of this Title are merged, the assets (including contingency reserves) and liabilities of the plans sponsored or underwritten by the merged organizations shall be transferred at the beginning of the contract term next following the date of the merger to the plan sponsored or underwritten by the successor organization. Each employee or annuitant affected by a merger shall be transferred to the plan sponsored or underwritten by the successor organization unless he or she enrolls in another plan under this Chapter. Section 8909(e) states except as provided by subsection (d) of this Section, when a plan described by Section 8903(3) or (4) of this Title is discontinued under this Chapter, the contingency reserve of that plan shall be credited to the contingency reserves of the plans continuing under this Chapter for the contract term following that in which termination occurs, each reserve to be credited in proportion to the amount of the subscription charges paid and accrued to the plan for the year of termination. Studies, Reports, and Audits Section 8910(a) provides the Civil Service Commission shall make a continuing study of the operation and administration of this chapter, including surveys and reports on health benefits plans available to employees and on the experience of the plans. Section 8910(b) states each contract entered into under Section 8902 of this Title shall contain provisions requiring carriers to: (1) furnish such reasonable reports as the Commission determines to be necessary to enable it to carry out its functions under this Chapter; and (2) permit the Commission and representatives of the GAO to examine records of the carriers as may be necessary to carry out the purposes of this Chapter. Section 8910(c) provides each Government agency shall keep such records, make such certifications, and furnish the Commission with such information and reports as may be necessary to enable the Commission to carry out its functions under this Chapter. Advisory Committee Section 8911 states the Chairman of the Civil Service Commission shall appoint a committee composed of five members, who serve without pay, to advise the Commission regarding matters of concern to employees under this C hapter. Each member of the committee shall be an employee enrolled under this Chapter or an elected official of an employee organization. Jurisdiction of Courts Section 8912 provides the district courts of the U.S. have original jurisdiction, concurrent with the Court of Claims, of a civil action or claim against the U.S. founded on this Chapter. Regulations Section 8913(a) states the Civil Service Commission may prescribe regulations necessary to carry out this Chapter. Section 8913(b) provides the regulations of the Commission may prescribe the time at which and the manner and conditions under which an employee is eligible to enroll in an approved health benefits plan described by S ection 8903 of this Title. The regulations may exclude an employee on the basis of the nature and type of his or her employment or conditions pertaining to it, such as short-term appointment, seasonal or intermittent employment, and employment of like nature. The Commission may not exclude: (1) an employee or group of employees solely on the basis of the hazardous nature of employment; or (2) a teacher in the employ of the Board of Education of the District of Columbia, whose pay is fixed by Section 1501 of Title 31, District of Columbia Code, on the basis of the fact that the teacher is serving under a temporary appointment if the teacher has been so employed by the Board for a period or periods totaling not less than two school years. Section 8913(c) states the regulations of the Commission shall provide for the beginning and ending dates of coverage of employees and annuitants and members of their families under health benefits plans. The regulations may permit the coverage to continue, exclusive of the temporary extension of coverage described by Section 8902(g) of this Title, until the end of the pay period in which an employee is separated from the service, or until the end of the month in which an annuitant ceases to be entitled to annuity, and in case of the death of an employee or annuitant, may permit a temporary extension of the coverage of members of his or her family for not to exceed 90 days. Section 8913(d) provides the Sec. of USDA shall prescribe regulations to effect the application and operation of this chapter to an individual named by Section 8901(1)(H) of this Title. |
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