
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: 5USC5531]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
               SUBCHAPTER IV--DUAL PAY AND DUAL EMPLOYMENT
 
Sec. 5531. Definitions

    For the purpose of section 5533 of this title--
        (1) ``member'' has the meaning given such term by section 
    101(23) of title 37;
        (2) ``position'' means a civilian office or position (including 
    a temporary, part-time, or intermittent position), appointive or 
    elective, in the legislative, executive, or judicial branch of the 
    Government of the United States (including a Government corporation 
    and a nonappropriated fund instrumentality under the jurisdiction of 
    the armed forces) or in the government of the District of Columbia;
        (3) ``retired or retainer pay'' means retired pay, as defined in 
    section 8311(3) of this title, determined without regard to 
    subparagraphs (B) through (D) of such section 8311(3); except that 
    such term does not include an annuity payable to an eligible 
    beneficiary of a member or former member of a uniformed service 
    under chapter 73 of title 10;
        (4) ``agency in the legislative branch'' means the General 
    Accounting Office, the Government Printing Office, the Library of 
    Congress, the Office of Technology Assessment, the Office of the 
    Architect of the Capitol, the United States Botanic Garden, and the 
    Congressional Budget Office;
        (5) ``employee of the House of Representatives'' means a 
    congressional employee whose pay is disbursed by the Chief 
    Administrative Officer of the House of Representatives;
        (6) ``employee of the Senate'' means a congressional employee 
    whose pay is disbursed by the Secretary of the Senate; and
        (7) ``congressional employee'' has the meaning given that term 
    by section 2107 of this title, excluding an employee of an agency in 
    the legislative branch.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 482; Pub. L. 95-454, title III, 
Sec. 308(b), Oct. 13, 1978, 92 Stat. 1150; Pub. L. 102-190, div. A, 
title VI, Sec. 655(a)(2), Dec. 5, 1991, 105 Stat. 1391; Pub. L. 104-186, 
title II, Sec. 215(6), Aug. 20, 1996, 110 Stat. 1745; Pub. L. 106-398, 
Sec. 1 [[div. A], title X, Sec. 1087(f)(2)], Oct. 30, 2000, 114 Stat. 
1654, 1654A-293.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 3101 (as applicable  Aug. 19, 1964, Pub.
                      to 5 U.S.C. 3102(a)-(e) and   L. 88-448, Sec.  101
                      3105 (less (e))).             (as applicable to
                                                    Secs.  201(a)-(e)
                                                    and 301 (less (e))),
                                                    78 Stat. 484.
------------------------------------------------------------------------

    In paragraph (2), the defined word ``position'' is substituted for 
``civilian office.'' The words ``Government corporation'' are 
substituted for ``corporation owned or controlled by such Government'' 
in view of the definition in section 103.
    The definitions of ``uniformed services'' and ``armed forces'' are 
omitted as unnecessary in view of the definitions in section 2101.
    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

    2000--Pub. L. 106-398 substituted ``section'' for ``sections 5532 
and'' in introductory provisions.
    1996--Par. (5). Pub. L. 104-186 substituted ``Chief Administrative 
Officer'' for ``Clerk''.
    1991--Pars. (4) to (7). Pub. L. 102-190 added pars. (4) to (7).
    1978--Pub. L. 95-454 substituted `` `member' '' for `` `officer' '' 
in par. (1) and added par. (3).


                    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.


 Dual Pay Requirements for Pay Periods Subsequent to Enactment of Civil 
                           Service Act of 1978

    Pub. L. 95-454, title III, Sec. 308(g), Oct. 13, 1978, 92 Stat. 
1151, provided that:
    ``(1) Except as provided in paragraph (2) of this subsection, the 
amendments made by this section [amending this section and section 5532 
of this title] shall apply only with respect to pay periods beginning 
after the effective date of this Act [see Effective Date note set out 
under section 1101 of this title] and only with respect to members of 
the uniformed services who first receive retired or retainer pay (as 
defined in section 5531(3) of title 5, United States Code (as amended by 
this section)), after the effective date of this Act.
    ``(2) Such amendments shall not apply to any individual employed in 
a position on the date of the enactment of this Act [Oct. 13, 1978] so 
long as the individual continues to hold any such position (disregarding 
any break in service of 3 days or less) if the individual, on that date, 
would have been entitled to retired or retainer pay but for the fact the 
individual does not satisfy any applicable age requirement.
    ``(3) The provisions of section 5532 of title 5, United States Code, 
as in effect immediately before the effective date of this Act, shall 
apply with respect to any retired officer of a regular component of the 
uniformed services who is receiving retired pay on or before such date, 
or any individual to whom paragraph (2) applies, in the same manner and 
to the same extent as if the preceding subsections of this section had 
not been enacted.''

                  Section Referred to in Other Sections

    This section is referred to in sections 8344, 8468 of this title; 
title 22 section 3664; title 24 section 421.
