
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: 5USC5502]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 5502. Unauthorized office; prohibition on use of funds

    (a) Payment for services may not be made from the Treasury of the 
United States to an individual acting or assuming to act as an officer 
in the civil service or uniformed services in an office which is not 
authorized by existing law, unless the office is later sanctioned by 
law.
    (b) Except as otherwise provided by statute, public money and 
appropriations may not be used for pay or allowance for an individual 
employed by an official of the United States retired from active 
service.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 52.                  R.S. Sec.  1760.
(b)................  5 U.S.C. 85.                  July 1, 1898, ch.
                                                    546, Sec.  1 (3d
                                                    proviso on p. 644),
                                                    30 Stat. 644.
------------------------------------------------------------------------

    In subsection (a), the words ``in the civil service or uniformed 
services'' are substituted for ``civil, military, or naval''.
    In subsection (b), the words ``Except as otherwise provided by 
statute'' are added in recognition of the Act of Aug. 25, 1958, Pub. L. 
85-745, 72 Stat. 838, which authorizes an office staff for former 
Presidents. The reference to ``public money and appropriations'' is 
added for clarity.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.
