850 ADVANCES OF PAY (Last Updated 5/20/2001)

 

851 Scope

 

851.1 Purpose

 

These regulations are to provide authority necessary for agencies to administer Section 5927 of Title 5, United States Code, as amended.

 

851.2 Applicability

 

The provisions of this chapter apply to all agencies defined in Section 040d of these regulations and to certain civilian employees of the United States Government as defined in this chapter and in Sections 040i and 040j.

 

851.3 Definition

 

"Pay" is the amount of basic compensation (Section 040k) paid an employee without taking into consideration other additional compensation or allowances or differentials.

 

852 Advance Payments

 

a. The head of an agency or designee may provide for the advance payment of up to three months pay:

 

(1) to or for the account of a United States citizen employee as defined in Section 040i proceeding or upon his or her arrival at a post of assignment in a foreign area;

 

(2) to or for the account of a United States citizen employee as defined in Section 040i when the employee or an eligible family member residing in the foreign area suffers a medical emergency as defined by the head of agency or designee; and

 

(3) to or for the account of an employee as defined in Section 040j when the employee is located outside the country of employment pursuant to United States Government authorization and suffers a medical emergency.

 

b. Subject to adjustment of the account of the employee under Section 853b, the advance of pay is at the rate of pay currently authorized for the employee on the date the advance payment is made under agency procedure governing advance payments.

 

c. An advance of pay under Section 852a is recoverable by the United States Government from the employee or his/her estate by:

 

(1) setoff against accrued pay, amount of retirement credit, or other amount due to the employee from the United States Government; and

 

(2)   such other method as is provided by law.

 

The head of agency may waive in whole or in part a right of recovery of an advance of pay under Section 852a, if it is shown that the recovery would be against equity and good conscience or against the public interest.

 

853 Review of Accounts

 

The head of each agency shall provide for:

 

a. the review of the account of each employee of the agency in receipt of payments under this chapter; and

 

b. the recovery of the amount of pay advanced or waiver thereof.

 

854 Allotment and Assignment of Advanced Pay

 

The head of each agency may establish procedures under which an employee is permitted to make allotments and assignments of amounts out of the advanced pay for such purpose as the head of agency considers appropriate.

 

855 Funds Available on Reimbursable Basis

 

Funds available to an agency for payment of pay to or for the accounts of employees of the agency are available on a reimbursable basis for payment of pay to or for the accounts of employees of another agency under this chapter.