
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: 5USC5524a]

 
             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. 5524a. Advance payments for new appointees

    (a) The head of each agency may provide for the advance payment of 
basic pay, covering not more than 2 pay periods, to any individual who 
is newly appointed to a position in the agency.
    (b)(1) Subject to adjustment of the account of an employee under 
paragraph (2) and other applicable statutes, the advance payment of 
basic pay shall be made, under agency procedures governing advance 
payments under this section, at the initial rate of basic pay to be 
payable to the employee upon the commencement of service in the position 
to which appointed.
    (2) The head of each agency shall provide for--
        (A) the review of the account of each employee of the agency in 
    receipt of any payment under this section; and
        (B) the adjustment of the amount of any such payment on the 
    basis of the rate of basic pay to which the employee would have been 
    entitled under applicable statute other than this section for the 
    respective periods covered by the payments, if the employee had 
    performed active service under the terms of such employee's 
    appointment during each period in the position to which appointed.

    (c) An advance payment under this section is recoverable by the 
Government of the United States or the government of the District of 
Columbia, as the case may be, from the employee or such employee's 
estate by--
        (1) setoff against accrued pay, amount of retirement credit, or 
    other amount due to the employee from the Government of the United 
    States or the government of the District of Columbia; and
        (2) such other method as is provided by law.

The head of the agency concerned may waive in whole or in part a right 
of recovery of an advance payment under this section if it is shown that 
the recovery would be against equity and good conscience or against the 
public interest.

(Added Pub. L. 101-509, title V, Sec. 529 [title I, Sec. 107(a)], Nov. 
5, 1990, 104 Stat. 1427, 1449.)


                             Effective Date

    Section effective on such date as the President shall determine, but 
not earlier than 90 days, and not later than 180 days, after Nov. 5, 
1990, see section 529 [title III, Sec. 305] of Pub. L. 101-509, set out 
as an Effective Date of 1990 Amendment note under section 5301 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in section 8906 of this title; title 38 
section 7410.
