
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC5504]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 5504. Biweekly pay periods; computation of pay

    (a) The pay period for an employee covers two administrative 
workweeks. For the purpose of this subsection, ``employee'' means--
        (1) an employee in or under an Executive agency;
        (2) an employee in or under the Office of the Architect of the 
    Capitol, the Botanic Garden, and the Library of Congress, for whom a 
    basic administrative workweek is established under section 
    6101(a)(5) of this title; and
        (3) an individual employed by the government of the District of 
    Columbia;

but does not include--
        (A) an employee on the Isthmus of Panama in the service of the 
    Panama Canal Commission; or
        (B) an employee or individual excluded from the definition of 
    employee in section 5541(2) of this title other than an employee or 
    individual excluded by section 5541(2)(xvi) of this title.

    (b) When, in the case of an employee, it is necessary for 
computation of pay under this subsection to convert an annual rate of 
basic pay to a basic hourly, daily, weekly, or biweekly rate, the 
following rules govern:
        (1) To derive an hourly rate, divide the annual rate by 2,087.
        (2) To derive a daily rate, multiply the hourly rate by the 
    number of daily hours of service required.
        (3) To derive a weekly or biweekly rate, multiply the hourly 
    rate by 40 or 80, as the case may be.

Rates are computed to the nearest cent, counting one-half and over as a 
whole cent. For the purpose of this subsection, ``employee'' means--
        (A) an employee in or under an Executive agency;
        (B) an employee in or under the judicial branch;
        (C) an employee in or under the Office of the Architect of the 
    Capitol, the Botanic Garden, and the Library of Congress, for whom a 
    basic administrative workweek is established under section 
    6101(a)(5) of this title; and
        (D) an individual employed by the government of the District of 
    Columbia;

but does not include an employee or individual excluded from the 
definition of employee in section 5541(2) of this title other than an 
employee or individual excluded by section 5541(2)(xvi) of this title.
    (c) The Office of Personnel Management may prescribe regulations, 
subject to the approval of the President, necessary for the 
administration of this section insofar as this section affects employees 
in or under an Executive agency.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 475; Pub. L. 90-83, Sec. 1(21), 
Sept. 11, 1967, 81 Stat. 199; Pub. L. 95-454, title IV, Sec. 408(a)(1), 
title IX, Sec. 906(a)(2), Oct. 13, 1978, 92 Stat. 1173, 1224; Pub. L. 
96-54, Sec. 2(a)(29), Aug. 14, 1979, 93 Stat. 383; Pub. L. 96-70, title 
III, Sec. 3302(e)(2), Sept. 27, 1979, 93 Stat. 498; Pub. L. 99-272, 
title XV, Sec. 15203(a), Apr. 7, 1986, 100 Stat. 334.)

                      Historical and Revision Notes
                                1966 Act
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  5 U.S.C. 944(b), (d) (last    June 30, 1945, ch.
                      27 words, as applicable to    212, Sec.  604(b),
                      subsection (b)).              (e) (last 27 words,
                                                    as applicable to
                                                    subsection (b)), 59
                                                    Stat. 303, 304.
                                                   July 31, 1959, Pub.
                                                    L. 86-122, Sec.  1,
                                                    73 Stat. 268.
(b)................  5 U.S.C. 944(c), (d) (last    June 30, 1945, ch.
                      27 words, less                212, Sec.  604(d),
                      applicability to subsection   (e) (last 27 words,
                      (b)).                         less applicability
                                                    to subsection (b)),
                                                    59 Stat. 303, 304.
                     ............................  Oct. 28, 1949, ch.
                                                    782, Sec.  1203, 63
                                                    Stat. 973.
                                                   June 20, 1958, Pub.
                                                    L. 85-462, Sec.  15,
                                                    72 Stat. 214.
                                                   Aug. 14, 1964, Pub.
                                                    L. 88-426, Sec.
                                                    103(c), 78 Stat.
                                                    402.
------------------------------------------------------------------------

    In subsection (a), the words ``Beginning not later than October 1, 
1945'' are omitted as executed. Paragraphs (1) and (3) are substituted 
for the words ``all officers and employees of the organizations referred 
to in subsection (a) of this section''. In paragraph (A), the words 
``Canal Zone Government'' and ``Panama Canal Company'' are substituted 
for ``The Panama Canal'' and ``Panama Railroad Company'' on authority of 
the Act of Sept. 26, 1950, ch. 1049, Sec. 2(a), 64 Stat. 1038. Paragraph 
(B) is added on authority of former section 902, which is carried into 
section 5541.
    In subsection (b), the exception in the last sentence is added on 
authority of former section 902, which is carried into section 5541.
    Subsection (c) is added on authority of former section 945, which is 
carried into section 5548. The words ``an Executive agency'' are 
substituted for ``the executive branch of the Government'' to conform to 
the definition in section 105. Applicability of this section to 
employees of the General Accounting Office is based on former section 
933a.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                            1967 Act

    This section amends 5 U.S.C. 5504 to reflect the amendment to 5 
U.S.C. 6101 by section 1(43) of this bill.


                               Amendments

    1986--Subsec. (b). Pub. L. 99-272 struck out first sentence which 
provided that for pay computation purposes affecting an employee, the 
annual rate of basic pay established by or under statute is deemed 
payment for employment during 52 basic administrative workweeks of 40 
hours, inserted ``, in the case of an employee,'' after ``When'' in 
second sentence, substituted ``2,087'' for ``2,080'' in par. (1), and 
inserted ``other than an employee or individual excluded by section 
5541(2)(xvi) of this title'' at end of last sentence.
    1979--Subsec. (a)(A). Pub. L. 96-70 substituted ``Panama Canal 
Commission'' for ``Canal Zone Government or the Panama Canal Company''.
    Subsec. (a)(B). Pub. L. 96-54 substituted ``(xvi) of this title'' 
for ``(xvi) of this section''.
    1978--Subsec. (a). Pub. L. 95-454, Sec. 408(a)(1), in par. (B) 
inserted reference to an employee or individual excluded by section 
5541(2)(xvi).
    Subsec. (c). Pub. L. 95-454, Sec. 906(a)(2), substituted ``Office of 
Personnel Management'' for ``Civil Service Commission''.


                    Effective Date of 1986 Amendment

    Section 15203(b) of Pub. L. 99-272 provided that: ``The amendments 
made by subsection (a) [amending this section] shall be effective with 
respect to pay periods commencing on or after March 1, 1986.''


                    Effective Date of 1979 Amendments

    Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 
of Pub. L. 96-70, set out as an Effective Date note under section 3601 
of Title 22, Foreign Relations and Intercourse.
    Amendment by Pub. L. 96-54 effective July 12, 1979, see section 2(b) 
of Pub. L. 96-54, set out as a note under section 305 of this title.


                    Effective Date of 1978 Amendment

    Amendment by section 408(a)(1) of Pub. L. 95-454 effective 9 months 
after Oct. 13, 1978, and congressional review of provisions of sections 
401 through 415 of Pub. L. 95-454, see section 415 of Pub. L. 95-454, 
set out as an Effective Date note under section 3131 of this title.
    Amendment by section 906(a)(2) of 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.

                         Delegation of Functions

    Functions vested in Office of Personnel Management under this 
section insofar as it affects officers and employees in or under 
executive branch of government to be performed without approval of 
President, see section 1(1) of Ex. Ord. No. 11228, June 14, 1965, 30 
F.R. 7739, set out as a note under section 301 of Title 3, The 
President.


                      Determination of Hourly Rate

    Pub. L. 97-253, title III, Sec. 310(b), Sept. 8, 1982, 96 Stat. 799, 
as amended by Pub. L. 97-346, Sec. 3(l), Oct. 15, 1982, 96 Stat. 1649; 
Pub. L. 98-117, Sec. 1, Oct. 11, 1983, 97 Stat. 802, provided that:
    ``(1) Notwithstanding any other provision of law, effective with 
respect to pay periods beginning in fiscal years 1984 and 1985, and 
applicable in the case of an employee as defined in section 5504(b) of 
title 5, United States Code [subsection (b) of this section], any hourly 
rate derived under section 5504(b)(1) of title 5, United States Code, 
shall be derived by dividing the annual rate of basic pay by 2,087.
    ``(2) Paragraph (1) shall not apply in determining basic pay for 
purposes of subchapter III of chapter 83 of title 5, United States Code.
    ``(3) The Office of Personnel Management may prescribe regulations 
necessary for the administration of this subsection insofar as this 
subsection affects employees in or under an Executive agency.
    ``(4) Notwithstanding any other provision of this subsection, 
paragraph (1) shall not be effective with respect to pay periods 
beginning before the effective date of any increase under section 5305 
of title 5, United States Code, in the rates of pay under the General 
Schedule and the rates of pay under the other statutory pay systems for 
fiscal year 1984.''
    [Section 2 of Pub. L. 98-117 provided that: ``The amendment made by 
this Act [enacting par. (4) of this note] shall be effective as of 
October 1, 1983.'']

                  Section Referred to in Other Sections

    This section is referred to in sections 5332, 5505, 5545b of this 
title; title 2 sections 142e, 142f, 142g, 142l; title 38 section 7423; 
title 40 sections 166b-1d, 166b-1e.
