
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: 5USC5566]

 
             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. 5566. Agency determinations

    (a) The head of the agency concerned or his designee may make any 
determination necessary to administer this subchapter, and when so made 
it is conclusive as to--
        (1) death or finding of death;
        (2) the fact of dependency under this subchapter;
        (3) any other status covered by this subchapter;
        (4) an essential date, including one on which evidence or 
    information is received by the head of the agency concerned; and
        (5) whether information received concerning an employee is to be 
    construed and acted on as an official report of death.

    (b) When the head of the agency concerned receives information that 
he considers to conclusively establish the death of an employee, he 
shall take action thereon as an official report of death, 
notwithstanding an earlier action relating to death or status of the 
employee. After the end of 12 months in a missing status prescribed by 
section 5565 of this title, the head of the agency concerned or his 
designee shall make a finding of death when he considers that the 
information received, or a lapse of time without information, 
establishes a reasonable presumption that an employee in a missing 
status is dead.
    (c) The head of the agency concerned or his designee may determine 
the entitlement of an employee to pay and allowances under this 
subchapter, including credits and charges in his account, and that 
determination is conclusive. An account may not be charged or debited 
with an amount that an employee captured, beleaguered, or besieged by a 
hostile force may receive or be entitled to receive from, or have placed 
to his credit by, the hostile force as pay, allowances, or other 
compensation.
    (d) When circumstances warrant the reconsideration of a 
determination made under this subchapter, the head of the agency 
concerned or his designee may change or modify it.
    (e) When the account of an employee has been charged or debited with 
an allotment paid under this subchapter, the amount so charged or 
debited shall be recredited to the account of the employee if the head 
of the agency concerned or his designee determines that the payment was 
induced by fraud or misrepresentation to which the employee was not a 
party.
    (f) Except an allotment for an unearned insurance premium, an 
allotment paid from the pay and allowances of an employee for the period 
he is in a missing status may not be collected from the allottee as an 
overpayment when payment was caused by delay in receiving evidence of 
death. An allotment paid for a period after the end, under this 
subchapter or otherwise, of entitlement to pay and allowances may not be 
collected from the allottee or charged against the pay of a deceased 
employee when payment was caused by delay in receiving evidence of 
death.
    (g) The head of the agency concerned or his designee may waive the 
recovery of an erroneous payment or overpayment of an allotment to a 
dependent if he considers recovery is against equity and good 
conscience.
    (h) For the purpose of determining status under this section, a 
dependent of an employee in active service is deemed an employee. A 
determination under this section made by the head of the agency 
concerned or his designee is conclusive on all other agencies of the 
United States. This section does not entitle a dependent to pay, 
allowances, or other compensation to which he is not otherwise entitled.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 493.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(a)................  50A U.S.C. 1009(a) (1st and   Mar. 7, 1942, ch.
                      2d sentences).                166, Sec.  9(a)
                                                    (less 5th and last
                                                    sentences); added
                                                   July 1, 1944, ch.
                                                    371, Sec.  5, 58
                                                    Stat. 680.
                     ............................  Apr. 4, 1953, ch. 17,
                                                    Sec.  1(c), 67 Stat.
                                                    21.
                     ............................  Aug. 29, 1957, Pub.
                                                    L. 85-217, Sec.
                                                    1(c), 71 Stat. 492.
                     50A U.S.C. 1010.              Mar. 7, 1942, ch.
                                                    166, Sec.  10, 56
                                                    Stat. 145.
                     ............................  July 1, 1944, ch.
                                                    371, Sec.  6, 58
                                                    Stat. 681.
                                                   Aug. 14, 1964, Pub.
                                                    L. 88-428, Sec.
                                                    1(7), 78 Stat. 437.
(b)................  50A U.S.C. 1009(a) (3d and
                      4th sentences).
(c)................  50A U.S.C. 1009(a) (6th
                      sentence, less last
                      proviso).
                     50A U.S.C. 1014 (as           Mar. 7, 1942, ch.
                      applicable to Sec.  1009(a)   166, Sec.  14 (as
                      (1st proviso of 6th           applicable to Sec.
                      sentence)).                   9(a) (1st proviso of
                                                    6th sentence)), 56
                                                    Stat. 147.
                                                   Apr. 4, 1953, ch. 17,
                                                    Sec.  1(e), 67 Stat.
                                                    21.
(d)................  50A U.S.C. 1009(a) (7th
                      sentence).
(e)................  50A U.S.C. 1009(a) (last
                      proviso of 6th sentence).
(f)................  50A U.S.C. 1009(a) (8th
                      sentence).
(g)................  50A U.S.C. 1009(a) (9th
                      sentence).
(h)................  50A U.S.C. 1009(b) (as        Mar. 7, 1942, ch.
                      applicable to Sec.  1009).    166, Sec.  9(b) (as
                                                    applicable to Sec.
                                                    9); added
                                                   Aug. 29, 1957, Pub.
                                                    L. 85-217, Sec.
                                                    1(c), 71 Stat. 492.
------------------------------------------------------------------------

    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 ``head of the agency concerned or his 
designee'' are substituted for ``head of the department concerned, or 
such subordinate as he may designate''. The words ``for the purposes of 
this Act'' are omitted as surplusage. The words ``final and'' in 50A 
U.S.C. 1010 are omitted as surplusage and for consistency with 50A 
U.S.C. 1009(a) (1st sentence). The words ``the determination of the fact 
of dependency for the purpose of payment of all six months' death 
gratuities as authorized by law, and the determination of the fact of 
dependency under the provisions of any and all other laws providing for 
the payment of pay, allowances, or other emoluments to enlisted 
personnel in the Army, Navy, Air Force, Marine Corps, and Coast Guard of 
the United States where such payments are contingent upon dependency'' 
in 50A U.S.C. 1010 are omitted as inapplicable to civilian officers and 
employees and their dependents. In paragraph (2), the words ``under this 
subchapter'' are substituted for ``under the provisions of this Act''. 
In paragraph (3), the words ``covered by this subchapter'' are 
substituted for ``dealt with by this Act''. In paragraph (4), the words 
``by the head of the agency concerned'' are substituted for ``in such 
department or by the head thereof''. In paragraph (5), the word 
``employee'' is substituted for ``person''.
    In subsection (b), the words ``head of the agency concerned'' are 
substituted for ``department concerned''. The word ``employee'' is 
substituted for ``person''. In the second sentence, the words ``the head 
of the agency concerned or his designee'' are inserted for clarity. The 
words ``is dead'' are substituted for ``is no longer alive'' for 
consistency with references in this section to ``death''.
    In subsection (c), the words ``or his designee'' are substituted for 
``or by such subordinate as he may designate''. The words ``captured, 
beleaguered, or besieged by a hostile force'' are substituted for ``in 
the hands of a hostile force'' on authority of 50A U.S.C. 1014.
    In subsection (d), the words ``under this subchapter'' are 
substituted for ``authorized to be made by this Act''. The words ``or 
his designee'' are substituted for ``or such subordinate as he may 
designate''.
    In subsection (e), the words ``an employee . . . allotment paid 
under this subchapter'' are substituted for ``any person . . . 
allotments paid pursuant to this Act''. The words ``the employee if the 
head of the agency concerned or his designee'' are substituted for 
``such person's . . . in any case in which . . . the head of the 
department concerned, or such subordinate as he may designate.''
    In subsection (f), the words ``may not be collected'' are 
substituted for ``shall not be subject to collection'' in two places. 
The word ``employee'' is substituted for ``person''.
    In subsection (g), the words ``or his designee'' are substituted for 
``or such subordinate as he may designate''.
    In subsection (h), the word ``sole'' is omitted as surplusage and in 
view of the provisions of section 5565(c). The word ``deemed'' is 
supplied to evidence the legal fiction provided by the words ``is a 
`person' under this Act'' in 50A U.S.C. 1009(a). The words ``or his 
designee'' are supplied on authority of 50A U.S.C. 1009(a) which is 
codified in part in subsection (a) of this section. The words ``agencies 
of the United States'' are substituted for ``departments of the 
Government''. The words ``This section does not entitle'' are 
substituted for ``Provided, That nothing in this section shall be 
construed as conferring . . . any right''.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                  Section Referred to in Other Sections

    This section is referred to in section 5569 of this title; title 26 
section 2.
