
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: 5USC3373]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                   Subpart B--Employment and Retention
 
            CHAPTER 33--EXAMINATION, SELECTION, AND PLACEMENT
 
              SUBCHAPTER VI--ASSIGNMENTS TO AND FROM STATES
 
Sec. 3373. Assignment of employees to State or local governments

    (a) An employee of a Federal agency assigned to a State or local 
government under this subchapter is deemed, during the assignment, to be 
either--
        (1) on detail to a regular work assignment in his agency; or
        (2) on leave without pay from his position in the agency.

An employee assigned either on detail or on leave without pay remains an 
employee of his agency. The Federal Tort Claims Act and any other 
Federal tort liability statute apply to an employee so assigned. The 
supervision of the duties of an employee on detail may be governed by 
agreement between the Federal agency and the State or local government 
concerned.
    (b) The assignment of an employee of a Federal agency either on 
detail or on leave without pay to a State or local government under this 
subchapter may be made with or without reimbursement by the State or 
local government for the travel and transportation expenses to or from 
the place of assignment and for the pay, or supplemental pay, or a part 
thereof, of the employee during assignment. Any reimbursements shall be 
credited to the appropriation of the Federal agency used for paying the 
travel and transportation expenses or pay.
    (c) For any employee so assigned and on leave without pay--
        (1) if the rate of pay for his employment by the State or local 
    government is less than the rate of pay he would have received had 
    he continued in his regular assignment in the agency, he is entitled 
    to receive supplemental pay from the agency in an amount equal to 
    the difference between the State or local government rate and the 
    agency rate;
        (2) he is entitled to annual and sick leave to the same extent 
    as if he had continued in his regular assignment in the agency; and
        (3) he is entitled, notwithstanding other statutes--
            (A) to continuation of his insurance under chapter 87 of 
        this title, and coverage under chapter 89 of this title or other 
        applicable authority, so long as he pays currently into the 
        Employee's Life Insurance Fund and the Employee's Health 
        Benefits Fund or other applicable health benefits system 
        (through his employing agency) the amount of the employee 
        contributions;
            (B) to credit the period of his assignment under this 
        subchapter toward periodic step-increases, retention, and leave 
        accrual purposes, and, on payment into the Civil Service 
        Retirement and Disability Fund or other applicable retirement 
        system of the percentage of his State or local government pay, 
        and of his supplemental pay, if any, that would have been 
        deducted from a like agency pay for the period of the assignment 
        and payment by the Federal agency into the fund or system of the 
        amount that would have been payable by the agency during the 
        period of the assignment with respect to a like agency pay, to 
        treat his service during that period as service of the type 
        performed in the agency immediately before his assignment; and
            (C) for the purpose of subchapter I of chapter 85 of this 
        title, to credit the service performed during the period of his 
        assignment under this subchapter as Federal service, and to 
        consider his State or local government pay (and his supplemental 
        pay, if any) as Federal wages. To the extent that the service 
        could also be the basis for entitlement to unemployment 
        compensation under a State law, the employee may elect to claim 
        unemployment compensation on the basis of the service under 
        either the State law or subchapter I of chapter 85 of this 
        title.

However, an employee or his beneficiary may not receive benefits 
referred to in subparagraphs (A) and (B) of this paragraph (3), based on 
service during an assignment under this subchapter for which the 
employee or, if he dies without making such an election, his beneficiary 
elects to receive benefits, under any State or local government 
retirement or insurance law or program, which the Office of Personnel 
Management determines to be similar. The Federal agency shall deposit 
currently in the Employee's Life Insurance Fund, the Employee's Health 
Benefits Fund or other applicable health benefits system, respectively, 
the amount of the Government's contributions on account of service with 
respect to which employee contributions are collected as provided in 
subparagraphs (A) and (B) of this paragraph (3).
    (d)(1) An employee so assigned and on leave without pay who dies or 
suffers disability as a result of personal injury sustained while in the 
performance of his duty during an assignment under this subchapter shall 
be treated, for the purpose of subchapter I of chapter 81 of this title, 
as though he were an employee as defined by section 8101 of this title 
who had sustained the injury in the performance of duty. When an 
employee (or his dependents in case of death) entitled by reason of 
injury or death to benefits under subchapter I of chapter 81 of this 
title is also entitled to benefits from a State or local government for 
the same injury or death, he (or his dependents in case of death) shall 
elect which benefits he will receive. The election shall be made within 
one year after the injury or death, or such further time as the 
Secretary of Labor may allow for reasonable cause shown. When made, the 
election is irrevocable unless otherwise provided by law.
    (2) An employee who elects to receive benefits from a State or local 
government may not receive an annuity under subchapter III of chapter 83 
of this title and benefits from the State or local government for injury 
or disability to himself covering the same period of time. This 
provision does not--
        (A) bar the right of a claimant to the greater benefit conferred 
    by either the State or local government or subchapter III of chapter 
    83 of this title for any part of the same period of time;
        (B) deny to an employee an annuity accruing to him under 
    subchapter III of chapter 83 of this title on account of service 
    performed by him; or
        (C) deny any concurrent benefit to him from the State or local 
    government on account of the death of another individual.

(Added Pub. L. 91-648, title IV, Sec. 402(a), Jan. 5, 1971, 84 Stat. 
1921; amended Pub. L. 95-454, title VI, Sec. 603(b), title IX, 
Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1190, 1224; Pub. L. 102-378, 
Sec. 2(14), Oct. 2, 1992, 106 Stat. 1347.)

                       References in Text

    The Federal Tort Claims Act, referred to in subsec. (a), is 
classified to sections 1346(b) and 2671 et seq. of Title 28, Judiciary 
and Judicial Procedure.


                               Amendments

    1992--Pub. L. 102-378 substituted ``or local'' for ``and local'' in 
section catchline.
    1978--Subsecs. (a), (b). Pub. L. 95-454, Sec. 603(b), substituted 
``a Federal'' for ``an executive'' and ``Federal agency'' for 
``executive agency''.
    Subsec. (c). Pub. L. 95-454, Secs. 603(b), 906(a)(2), substituted 
``Federal agency'' for ``executive agency'' wherever appearing, and 
``Office of Personnel Management'' for ``Civil Service Commission''.


                    Effective Date of 1978 Amendment

    Amendment by Pub. L. 95-454 effective 90 days after Oct. 13, 1978, 
see section 907 of Pub. L. 95-454, set out as a note under section 1101 
of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 3396 of this title.
