
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: 5USC5581]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                           PART III--EMPLOYEES
 
                      Subpart D--Pay and Allowances
 
                     CHAPTER 55--PAY ADMINISTRATION
 
                 SUBCHAPTER VIII--SETTLEMENT OF ACCOUNTS
 
Sec. 5581. Definitions

    For the purpose of this subchapter--
        (1) ``employee'' means--
            (A) an employee as defined by section 2105 of this title; 
        and
            (B) an individual employed by the government of the District 
        of Columbia;

    but does not include the employee of--
            (i) a Federal land bank;
            (ii) a Federal intermediate credit bank;
            (iii) a regional bank for cooperatives; or
            (iv) the Senate within the purview of section 36a of title 
        2; and

        (2) ``money due'' means the pay and allowances due on account of 
    the services of a deceased employee for the Government of the United 
    States or the government of the District of Columbia. It includes, 
    but is not limited to--
            (A) per diem instead of subsistence, mileage, and amounts 
        due in reimbursement of travel expenses, including incidental 
        and miscellaneous expenses in connection therewith for which 
        reimbursement is due;
            (B) allowances on change of official station;
            (C) quarters and cost-of-living allowances and overtime or 
        premium pay;
            (D) amounts due for payment of cash awards for employees' 
        suggestions;
            (E) amounts due as refund of pay deductions for United 
        States savings bonds;
            (F) payment for accumulated and current accrued annual or 
        vacation leave equal to the pay the decreased employee would 
        have received had he lived and remained in the service until the 
        end of the period of annual or vacation leave;
            (G) amounts of checks drawn for pay and allowances which 
        were not delivered by the Government to the employee during his 
        lifetime;
            (H) amounts of unnegotiated checks returned to the 
        Government because of the death of the employee; and
            (I) retroactive pay under section 5344(a) (2) of this title.

    It does not include benefits, refunds, or interest payable under 
    subchapter III of chapter 83 of this title applicable to the service 
    of the deceased employee, or amounts the disposition of which is 
    otherwise expressly prescribed by Federal statute.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 495; Pub. L. 96-54, 
Sec. 2(a)(34), Aug. 14, 1979, 93 Stat. 383.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
(1)................  5 U.S.C. 61k.                 Aug. 3, 1950, ch.
                                                    518, Sec.  7, 64
                                                    Stat. 396.
                                                   Apr. 30, 1954, ch.
                                                    177, Sec.  2, 68
                                                    Stat. 65.
(2)................  5 U.S.C. 61g.                 Aug. 3, 1950, ch.
                                                    518, Sec.  2, 64
                                                    Stat. 396.
                     ............................  July 2, 1953, ch.
                                                    178, Sec.  5, 67
                                                    Stat. 138.
                     ............................  Sept. 1, 1954, ch.
                                                    1208, Sec.  501, 68
                                                    Stat. 1115.
                     ............................  Sept. 2, 1958, Pub.
                                                    L. 85-914, Sec.  1,
                                                    72 Stat. 1761.
                     5 U.S.C. 61i.                 Aug. 3, 1950, ch.
                                                    518, Sec.  4, 64
                                                    Stat. 396.
------------------------------------------------------------------------

    Paragraph (1) is supplied for convenience and is based on the first 
35 words of former section 61f, which is carried into section 5582, and 
former section 61k.
    The exception for production credit corporations in section 7 of the 
Act of Aug. 3, 1950, is omitted as they were merged in the Federal 
intermediate credit banks by the Farm Credit Act of 1956, 70 Stat. 659.
    The exception in paragraph (1)(iv) for employees of the Senate is 
added on authority of the Act of Jan. 6, 1951, ch. 1213, 64 Stat. 1124; 
2 U.S.C. 36a.
    In paragraph (2), the definition of ``money due'' is substituted for 
``unpaid compensation''. Paragraph (2)(I) is added on authority of 
former section 1182(a)(2), which is carried into section 5344.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    Section 5344 of this title, referred to in par. (2)(I), was amended 
generally by Pub. L. 92-392 and provisions relating to retroactive pay 
formerly contained in section 5344(a)(2) are contained in section 
5344(b)(2).


                               Amendments

    1979--Par. (1). Pub. L. 96-54 inserted ``and'' after cl. (iv).


                    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.
