2018 US Code
Title 5 - Government Organization and Employees
Part III - Employees
Subpart D - Pay and Allowances
Chapter 55 - Pay Administration
Subchapter III - Advancement, Allotment, and Assignment of Pay
Sec. 5523 - Duration of payments; rates; active service period

(a) The head of each agency may provide for—

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 United States.

(b) 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 departure 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 departure.

(c) 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 United States or the government of the District of Columbia.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 480; Pub. L. 96–465, title II, §2303(c), (d), Oct. 17, 1980, 94 Stat. 2165; Pub. L. 102–138, title I, §147(a), Oct. 28, 1991, 105 Stat. 669.)

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

1991—Subsec. (a)(1). Pub. L. 102–138 substituted "agency) whose departure (or that of the employee's dependents or immediate family, as the case may be) is authorized or ordered under section 5522(a); and" for "agency)—

1980—Subsec. (a)(1). Pub. L. 96–465, §2303(c), in subpar. (A) substituted "whose departure is authorized or ordered under section 5522(a) of this title; and" for "whose evacuation from a place inside or outside the United States is ordered for military or other reasons which create imminent danger to the life of the employee; and", and in subpar. (B) substituted "departure" for "evacuation" after "issuance of the".

Subsec. (b). Pub. L. 96–465, §2303(d), substituted "departure" for "evacuation" in two places.

Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.