
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: 5USC5562]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
              SUBCHAPTER VII--PAYMENTS TO MISSING EMPLOYEES
 
Sec. 5562. Pay and allowances; continuance while in a missing 
        status; limitations
        
    (a) An employee in a missing status is entitled to receive or have 
credited to his account, for the period he is in that status, the same 
pay and allowances to which he was entitled at the beginning of that 
period or may become entitled thereafter. Notwithstanding any other 
provision of law, an employee in a missing status on or after January 1, 
1965, is entitled--
        (1) to payment for annual leave which accrued to his account on 
    or after January 1, 1965, but which was forfeited under section 6304 
    of this title because he was unable to use that leave by virtue of 
    his missing status; or
        (2) to have all of that leave restored to him and credited to a 
    separate leave account in accordance with the provisions of section 
    6304(d)(2) of this title.

An employee shall elect in writing, within 90 days immediately following 
December 14, 1973, or within 90 days immediately following the 
termination of his missing status, whichever is later, whether he 
desires payment for the leave under clause (1) of this subsection or 
credit of the leave under clause (2) of this subsection. Payment under 
clause (1) of this subsection shall be at the employee's rate of basic 
pay in effect at the time the leave was forfeited.
    (b) Entitlement to pay and allowances under subsection (a) of this 
section ends on the date of--
        (1) receipt by the head of the agency concerned of evidence that 
    the employee is dead; or
        (2) death prescribed or determined under section 5565 of this 
    title.

That entitlement does not end--
        (A) on the expiration of the term of service or employment of an 
    employee while he is in a missing status; or
        (B) earlier than the dates prescribed in paragraphs (1) and (2) 
    of this subsection if the employee dies while he is in a missing 
    status.

    (c) An employee who is officially determined to be absent from his 
post of duty without authority is indebted to the United States for 
payments of amounts credited to his account under subsection (a) of this 
section for the period of that absence.
    (d) When an employee in a missing status is continued in that status 
under section 5565 of this title, he continues to be entitled to have 
pay and allowances credited under subsection (a) of this section.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 490; Pub. L. 93-181, Sec. 7(a), 
Dec. 14, 1973, 87 Stat. 707; Pub. L. 96-54, Sec. 2(a)(33), Aug. 14, 
1979, 93 Stat. 383.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  50A U.S.C. 1002(a) (1st       Mar. 7, 1942, ch.
                      sentence, less last 46        166, Sec.  2(a) (1st
                      words).                       2 sentences and 3d
                                                    sentence, less 1st
                                                    28 words); added
                                                   July 1, 1944, ch.
                                                    371, Sec.  2, 58
                                                    Stat. 679.
                     ............................  Apr. 4, 1953, ch. 17,
                                                    Sec.  1(a), 67 Stat.
                                                    21.
                     ............................  Aug. 29, 1957, Pub.
                                                    L. 85-217, Sec.
                                                    1(b), 71 Stat. 491.
                     ............................  Aug. 14, 1964, Pub.
                                                    L. 88-428, Sec.
                                                    1(3)(A), (B), 78
                                                    Stat. 437.
                     50A U.S.C. 1014 (as           Mar. 7, 1942, ch.
                      applicable to Sec.  1002(a)   166, Sec.  14 (as
                      (1st sentence)).              applicable to Sec.
                                                    2(a) (1st
                                                    sentence)), 56 Stat.
                                                    147.
                                                   Apr. 4, 1953, ch. 17,
                                                    Sec.  1(e), 67 Stat.
                                                    21.
(b)................  50A U.S.C. 1002(a) (last 46
                      words of 1st sentence, and
                      2d sentence).
(c)................  50A U.S.C. 1002(a) (3d
                      sentence, less 1st 28
                      words).
(d)................  50A U.S.C. 1006 (2d           Mar. 7, 1942, ch.
                      sentence, as applicable to    166, Sec.  6 (2d
                      pay and allowances).          sentence, as
                                                    applicable to pay
                                                    and allowances);
                                                    added
                                                   Dec. 24, 1942, ch.
                                                    828, Sec.  1 (4th
                                                    par.), 56 Stat.
                                                    1093.
                                                   Aug. 14, 1964, Pub.
                                                    L. 88-428, Sec.
                                                    1(5)(B), 78 Stat.
                                                    437.
------------------------------------------------------------------------

    Only that portion of the source law which is applicable to civilian 
officers and employees and their dependents is codified in this section.
    In subsection (a), the words ``An employee in a missing status'' are 
substituted for the first 66 words of 50A U.S.C. 1002(a) to conform to 
the definitions in section 5561(2) and (5). The words ``pay and 
allowances'' are substituted for the enumeration of pay and allowances 
in the first sentence of 50A U.S.C. 1002(a) to conform to the definition 
in sections 5561(6). The words ``or is performing full-time training 
duty, other full-time duty, or inactive duty training'' and ``except 
that the pay and allowances for a person who is performing full-time 
training duty or other full-time duty without pay, or inactive duty 
training with or without pay, shall be that to which he would have been 
entitled if he had been performing full-time active duty with pay;'' are 
omitted as inapplicable to civilian officers and employees.
    In subsection (b), the words ``under subsection (a) of this 
section'' are inserted for clarity.
    In subsection (c), the words ``United States'' are substituted for 
``Government'' to conform to the style of this title. The words ``under 
subsection (a) of this section'' are inserted for clarity.
    In subsection (d), the words ``an employee in a missing status'' are 
substituted for ``a person missing under the conditions specified in 
section 2 of this Act'' to conform to the definitions in section 5561(2) 
and (5).
    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

    1979--Subsec. (a). Pub. L. 96-54 substituted ``December 14, 1973,'' 
for ``the date of enactment of this sentence''.
    1973--Subsec. (a). Pub. L. 93-181 inserted provisions relating to 
employees in missing status on or after January 1, 1965.


                    Effective Date of 1979 Amendment

    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.


                 Former Employees or Their Beneficiaries

    Section 7(b) of Pub. L. 93-181 provided that: ``The amendment made 
by subsection (a) of this section [amending subsec. (a) of this section] 
shall apply to former employees or their beneficiaries.''

                  Section Referred to in Other Sections

    This section is referred to in sections 5563, 5567, 5569, 6304 of 
this title; title 26 section 6013.
