
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: 5USC5523]

 
             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--
        (1) the payment of monetary amounts covering a period of not 
    more than 60 days to or for the account of each employee of the 
    agency (or, under emergency circumstances and on a reimbursable 
    basis, an employee of another 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
        (2) the termination of payment of the monetary amounts.

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, 
Sec. 2303(c), (d), Oct. 17, 1980, 94 Stat. 2165; Pub. L. 102-138, title 
I, Sec. 147(a), Oct. 28, 1991, 105 Stat. 669.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 3073.                Sept. 26, 1961, Pub.
                                                    L. 87-304, Sec.  3,
                                                    75 Stat. 663.
------------------------------------------------------------------------

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


                               Amendments

    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)--
        ``(A) whose departure is authorized or ordered under section 
    5522(a) of this title; and
        ``(B) who is prevented, by circumstances beyond his control and 
    beyond the control of the Government of the United States or the 
    government of the District of Columbia, or both, as the case may be, 
    from performing the duties of the position which he held immediately 
    before issuance of the departure order; and''.
    1980--Subsec. (a)(1). Pub. L. 96-465, Sec. 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, Sec. 2303(d), substituted ``departure'' 
for ``evacuation'' in two places.


                    Effective Date of 1980 Amendment

    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.

                  Section Referred to in Other Sections

    This section is referred to in section 5524 of this title.
