1995 US Code
Title 25 - INDIANS
CHAPTER 22 - BUREAU OF INDIAN AFFAIRS PROGRAMS
Sec. 2021 - Proration of pay

Notwithstanding any other provision of law, including laws relating to dual compensation, the Secretary, at the election of the employee, shall prorate the salary of an employee employed in an education position for the academic school year over the entire 12-month period. Each educator employed for the academic school year shall annually elect to be paid on a 12-month basis or for those months while school is in session. No educator shall suffer a loss of pay or benefits, including benefits under unemployment or other Federal or federally assisted programs, because of such election.

During the course of such year the employee may change election once.

That portion of the employee's pay which would be paid between academic school years may be paid in lump sum at the election of the employee.

For the purposes of this section the terms “educator” and “education position” have the meaning contained in paragraphs (1) and (2) of section 2012(n) of this title. This section applies to those individuals employed under the provisions of section 2012 of this title or title 5.

(Pub. L. 95–561, title XI, §1141, as added Pub. L. 103–382, title III, §381, Oct. 20, 1994, 108 Stat. 4012.)

The laws relating to dual compensation, referred to in subsec. (a), are classified generally to section 5531 et seq. of Title 5, Government Organization and Employees.

A prior section 2021, Pub. L. 95–561, title XI, §1140A, formerly §1141, as added Pub. L. 98–511, title V, §512, Oct. 19, 1984, 98 Stat. 2398; renumbered §1140A and amended Pub. L. 99–89, §9(a)(1), (b), Aug. 15, 1985, 99 Stat. 383, contained similar provisions relating to proration of pay, prior to the general amendment of this chapter by Pub. L. 103–382.

A prior section 1141 of Pub. L. 95–561 was classified to section 2022a of this title prior to the general amendment of this chapter by Pub. L. 103–382.