2017 US Code
Title 5 - Government Organization and Employees
Part III - Employees
Subpart D - Pay and Allowances
Chapter 55 - Pay Administration
Subchapter IV - Dual Pay and Dual Employment
Sec. 5535 - Extra pay for details prohibited

Download PDF
Citation 5 U.S.C. § 5535 (2017)
Section Name §5535. Extra pay for details prohibited
Section Text

(a) An officer may not receive pay in addition to the pay for his regular office for performing the duties of a vacant office as authorized by sections 3345–3347 of this title.

(b) An employee may not receive—

(1) additional pay or allowances for performing the duties of another employee; or

(2) pay in addition to the regular pay received for employment held before his appointment or designation as acting for or instead 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.

Source Credit

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 484.)

Editorial Notes
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes and Statutes at Large
(a) 5 U.S.C. 9. R.S. §182.
(b) 5 U.S.C. 69 (1st 34 words). R.S. §1764 (1st 34 words).
  5 U.S.C. 72. Aug. 1, 1914, ch. 223, §12, 38 Stat. 680.

Subsection (a) was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides "Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense" is omitted from this title but is not repealed.

In subsection (a), the words "regular office" are coextensive with and substituted for "proper office".

In subsection (b), former sections 69 (1st 34 words) and 72 are combined and restated for clarity and conciseness. The word "employee" is coextensive with and substituted for "officer or clerk", "officer or clerk in the same or any other department", and "person employed in the service of the United States". The words "under any general or lump-sum appropriation" are omitted as unnecessary.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Publication Title United States Code, 2012 Edition, Supplement 5, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART III - EMPLOYEES
Subpart D - Pay and Allowances
CHAPTER 55 - PAY ADMINISTRATION
SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT
Sec. 5535 - Extra pay for details prohibited
Contains section 5535
Date 2017
Laws In Effect As Of Date January 12, 2018
Positive Law Yes
Disposition standard
Statutes at Large References 38 Stat. 680
63 Stat. 579
80 Stat. 484
Public Law References Public Law 89-554
Disclaimer: These codes may not be the most recent version. United States may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.