
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 25USC2021]

 
                            TITLE 25--INDIANS
 
              CHAPTER 22--BUREAU OF INDIAN AFFAIRS PROGRAMS
 
Sec. 2021. Proration of pay


(a) Election of employee

    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.

(b) Change of election

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

(c) Lump sum payment

    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.

(d) ``Educator'' and ``Education position'' defined

    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, Sec. 1141, as added Pub. L. 103-382, title 
III, Sec. 381, Oct. 20, 1994, 108 Stat. 4012.)

                       References in Text

    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.


                            Prior Provisions

    A prior section 2021, Pub. L. 95-561, title XI, Sec. 1140A, formerly 
Sec. 1141, as added Pub. L. 98-511, title V, Sec. 512, Oct. 19, 1984, 98 
Stat. 2398; renumbered Sec. 1140A and amended Pub. L. 99-89, 
Sec. 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.
