
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: 5USC5534a]

 
             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. 5534a. Dual employment and pay during terminal leave from 
        uniformed services
        
    A member of a uniformed service who has performed active service and 
who is on terminal leave pending separation from, or release from active 
duty in, that service under honorable conditions may accept a civilian 
office or position in the Government of the United States, its 
territories or possessions, or the government of the District of 
Columbia, and he is entitled to receive the pay of that office or 
position in addition to pay and allowances from the uniformed service 
for the unexpired portion of the terminal leave.

(Added Pub. L. 90-83, Sec. 1(22), Sept. 11, 1967, 81 Stat. 199.)


                      Historical and Revision Notes

    This section amends chapter 55 of title 5, United States Code, by 
inserting a new section 5534a. This section is based on subsections (a) 
and (f) of former 5 U.S.C. 61a-1 the source statute for which (act of 
Nov. 21, 1945, ch. 489, 59 Stat. 584) was repealed by the act of 
September 6, 1966, Public Law 89-554 (sec. 8, 80 Stat. 653). Senate 
Report 1380, 89th Congress, second session, pages 449, 511, explains 
that the source was repealed since it had been rendered obsolete by 
section 4(c) of the Armed Forces Leave Act of 1946, as amended (37 
U.S.C. 501), and section 219(c) of the Public Health Service Act, as 
added August 9, 1950 (ch. 654, sec. 2, 64 Stat. 426; 42 U.S.C. 210-
1(c)), and that any existing rights are preserved by section 8 of Public 
Law 89-554.
    At the time of enactment of the act of November 21, 1945, there was 
no authority to make lump-sum leave payments to members of the uniformed 
services who were being separated from or released from active duty in 
the uniformed services. Accordingly, they were placed on terminal leave 
until the expiration of the unused portion of their accumulated and 
current accrued leave, and only then separated or released. The act of 
November 21, 1945, in part, authorized the employment of these members 
during terminal leave and provided they were entitled to receive, in 
addition to the payment from the employment, military pay and allowances 
for the unexpired portion of the terminal leave. The Armed Forces Leave 
Act of 1946 authorized lump-sum leave payments of unused accumulated and 
current accrued leave. Generally, thereafter, members of the uniformed 
services were not placed on terminal leave, but were separated and paid 
a lump-sum leave payment. However, in certain instances a member may be 
placed on terminal leave. Such a case was considered recently by the 
Comptroller General of the United States (see B-157500, Oct. 13, 1965, 
45 Comp. Gen. 180. In view of the foregoing, it is concluded that 
subsection (a) of former 5 U.S.C. 61a-1 had prospective effect and 
should have been reenacted in title 5, U.S.C., by Public Law 89-554.
    In section 5534a, the words ``A member of a uniformed service who 
has performed active service'' are substituted for ``Any person, who, 
shall have performed active service in the Armed Forces'' to conform to 
the style of title 5 and the definition of ``uniformed services'' in 5 
U.S.C. 2101 which is coextensive with the definition of ``armed forces'' 
in subsection (f) of former 5 U.S.C. 61a-1. Reorganization Plan No. 2 of 
1965 (79 Stat. 1318), effective July 13, 1965, consolidated the Coast 
and Geodetic Survey and the Weather Bureau to form a new agency in the 
Department of Commerce to be known as the Environmental Science Services 
Administration. The words ``subsequent to May 1, 1940'' are omitted as 
executed. The word ``territories'' is substituted for ``Territories'' 
inasmuch as there now are no incorporated territories. The words 
``(including any corporation created under authority of an act of 
Congress which is either wholly controlled or wholly owned by the 
Government of the United States, or any department, agency, or 
establishment thereof, whether or not the employees thereof are paid 
from funds appropriated by Congress)'' are omitted as included in ``a 
civilian office or position in the Government of the United States''. 
The word ``pay'' is substituted for ``compensation.''


                             Effective Date

    Section effective Sept. 6, 1966, for all purposes, see section 9(h) 
of Pub. L. 90-83, set out as an Effective Date of 1967 Amendment note 
under section 5102 of this title.

                  Section Referred to in Other Sections

    This section is referred to in title 22 section 3664.
