5 U.S.C. § 5504 | Biweekly pay periods; computation of pay

(a)

The pay period for an employee covers two administrative workweeks.

(b)

When, in the case of an employee, it is necessary for computation of pay under this subsection to convert an annual rate of basic pay to a basic hourly, daily, weekly, or biweekly rate, the following rules govern:

(1)

To derive an hourly rate, divide the annual rate by 2,087.

(2)

To derive a daily rate, multiply the hourly rate by the number of daily hours of service required.

(3)

To derive a weekly or biweekly rate, multiply the hourly rate by 40 or 80, as the case may be.

Rates are computed to the nearest cent, counting one-half and over as a whole cent.

(c)

For the purposes of this section:

(1)

The term “employee” means—

(A)

an employee in or under an Executive agency;

(B)

section 6101(a)(5) of this title an employee in or under the Office of the Architect of the Capitol, the Botanic Garden, and the Library of Congress, for whom a basic administrative workweek is established under ; and

(C)

an individual employed by the government of the District of Columbia.

(2)

The term “employee” does not include—

(A)

an employee on the Isthmus of Panama in the service of the Panama Canal Commission; or

(B)

section 5541(2) of this title an employee or individual excluded from the definition of employee in other than an employee or individual excluded by clauses (ii), (iii), and (xiv) through (xvii) of such section.

(3)

Notwithstanding paragraph (2), an individual who otherwise would be excluded from the definition of employee shall be deemed to be an employee for purposes of this section if the individual’s employing agency so elects, under guidelines in regulations promulgated by the Office of Personnel Management under subsection (d)(2).

(d)

(1)

The Office of Personnel Management may prescribe regulations, subject to the approval of the President, necessary for the administration of this section insofar as this section affects employees in or under an Executive agency.

(2)

The Office of Personnel Management shall provide guidelines by regulation for exemptions to be made by the heads of agencies under subsection (c)(3). Such guidelines shall provide for such exemptions only under exceptional circumstances.

Pub. L. 89–554Sept. 6, 196680 Stat. 475 Pub. L. 90–83, § 1(21)Sept. 11, 196781 Stat. 199 Pub. L. 95–454, title IV, § 408(a)(1)Oct. 13, 197892 Stat. 1173 Pub. L. 96–54, § 2(a)(29)Aug. 14, 197993 Stat. 383 Pub. L. 96–70, title III, § 3302(e)(2)Sept. 27, 197993 Stat. 498 Pub. L. 99–272, title XV, § 15203(a)Apr. 7, 1986100 Stat. 334 Pub. L. 108–136, div. A, title XI, § 1124Nov. 24, 2003117 Stat. 1637(, , ; , , ; , title IX, § 906(a)(2), , , 1224; , , ; , , ; , , ; , , .)

Historical and Revision Notes
1966 Act
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(a)	5 U.S.C. 944(b), (d) (last 27 words, as applicable to subsection (b)).	June 30, 1945, ch. 212, § 604(b), (e) (last 27 words, as applicable to subsection (b)), 59 Stat. 303, 304. July 31, 1959, Pub. L. 86–122, § 1, 73 Stat. 268.
(b)	5 U.S.C. 944(c), (d) (last 27 words, less applicability to subsection (b)).	June 30, 1945, ch. 212, § 604(d), (e) (last 27 words, less applicability to subsection (b)), 59 Stat. 303, 304.
		Oct. 28, 1949, ch. 782, § 1203, 63 Stat. 973. June 20, 1958, Pub. L. 85–462, § 15, 72 Stat. 214. Aug. 14, 1964, Pub. L. 88–426, § 103(c), 78 Stat. 402.

October 1, 1945Act of Sept. 26, 1950, ch. 1049, § 2(a)64 Stat. 1038In subsection (a), the words “Beginning not later than ” are omitted as executed. Paragraphs (1) and (3) are substituted for the words “all officers and employees of the organizations referred to in subsection (a) of this section”. In paragraph (A), the words “Canal Zone Government” and “Panama Canal Company” are substituted for “The Panama Canal” and “Panama Railroad Company” on authority of the , . Paragraph (B) is added on authority of former section 902, which is carried into section 5541.

In subsection (b), the exception in the last sentence is added on authority of former section 902, which is carried into section 5541.

Subsection (c) is added on authority of former section 945, which is carried into section 5548. The words “an Executive agency” are substituted for “the executive branch of the Government” to conform to the definition in section 105. Applicability of this section to employees of the General Accounting Office is based on former section 933a.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

Act1967

5 U.S.C. 5504 5 U.S.C. 6101This section amends to reflect the amendment to by section 1(43) of this bill.

Editorial Notes

Amendments

Pub. L. 108–136, § 1124(a)(2)2003—Subsecs. (a), (b). , struck out last sentence which defined “employee”.

Pub. L. 108–136, § 1124(a)(3)Subsec. (c). , added subsec. (c). Former subsec. (c) redesignated (d).

Pub. L. 108–136, § 1124(a)(1)Subsec. (d). , (b), redesignated subsec. (c) as (d), inserted “(1)” after “(d)”, and added par. (2).

Pub. L. 99–272 section 5541(2)(xvi) of this title1986—Subsec. (b). struck out first sentence which provided that for pay computation purposes affecting an employee, the annual rate of basic pay established by or under statute is deemed payment for employment during 52 basic administrative workweeks of 40 hours, inserted “, in the case of an employee,” after “When” in second sentence, substituted “2,087” for “2,080” in par. (1), and inserted “other than an employee or individual excluded by ” at end of last sentence.

Pub. L. 96–701979—Subsec. (a)(A). substituted “Panama Canal Commission” for “Canal Zone Government or the Panama Canal Company”.

Pub. L. 96–54Subsec. (a)(B). substituted “(xvi) of this title” for “(xvi) of this section”.

Pub. L. 95–454, § 408(a)(1)1978—Subsec. (a). , in par. (B) inserted reference to an employee or individual excluded by section 5541(2)(xvi).

Pub. L. 95–454, § 906(a)(2)Subsec. (c). , substituted “Office of Personnel Management” for “Civil Service Commission”.

Statutory Notes and Related Subsidiaries

Effective Date of 1986 Amendment

Pub. L. 99–272, title XV, § 15203(b)Apr. 7, 1986100 Stat. 334

March 1, 1986“The amendments made by subsection (a) [amending this section] shall be effective with respect to pay periods commencing on or after .”

, , , provided that:

Effective Date of 1979 Amendments

Pub. L. 96–70Oct. 1, 1979section 3304 of Pub. L. 96–70 section 3601 of Title 22Amendment by effective , see , set out as an Effective Date note under , Foreign Relations and Intercourse.

Pub. L. 96–54July 12, 1979section 2(b) of Pub. L. 96–54 section 305 of this titleAmendment by effective , see , set out as a note under .

Effective Date of 1978 Amendment

section 408(a)(1) of Pub. L. 95–454Oct. 13, 1978Pub. L. 95–454 section 415 of Pub. L. 95–454 section 3131 of this titleAmendment by effective 9 months after , and congressional review of provisions of sections 401 through 415 of , see , set out as an Effective Date note under .

section 906(a)(2) of Pub. L. 95–454Oct. 13, 1978section 907 of Pub. L. 95–454 section 1101 of this titleAmendment by effective 90 days after , see , set out as a note under .

Determination of Hourly Rate

Pub. L. 97–253, title III, § 310(b)Sept. 8, 198296 Stat. 799 Pub. L. 97–346, § 3lOct. 15, 198296 Stat. 1649 Pub. L. 98–117, § 1Oct. 11, 198397 Stat. 802

“(1)

section 5504(b) of title 5 section 5504(b)(1) of title 5 Notwithstanding any other provision of law, effective with respect to pay periods beginning in fiscal years 1984 and 1985, and applicable in the case of an employee as defined in , United States Code [subsection (b) of this section], any hourly rate derived under , United States Code, shall be derived by dividing the annual rate of basic pay by 2,087.

“(2)

Paragraph (1) shall not apply in determining basic pay for purposes of subchapter III of chapter 83 of title 5, United States Code.

“(3)

The Office of Personnel Management may prescribe regulations necessary for the administration of this subsection insofar as this subsection affects employees in or under an Executive agency.

“(4)

section 5305 of title 5 Notwithstanding any other provision of this subsection, paragraph (1) shall not be effective with respect to pay periods beginning before the effective date of any increase under , United States Code, in the rates of pay under the General Schedule and the rates of pay under the other statutory pay systems for fiscal year 1984.”

, , , as amended by (), , ; , , , provided that:

Pub. L. 98–117, § 2Oct. 11, 198397 Stat. 802

October 1, 1983“The amendment made by this Act [enacting par. (4) of this note] shall be effective as of .”

[, , , provided that: ]

Executive Documents

Delegation of Functions

June 14, 1965section 301 of Title 3Functions vested in Office of Personnel Management under this section insofar as it affects officers and employees in or under executive branch of government to be performed without approval of President, see section 1(1) of Ex. Ord. No. 11228, , 30 F.R. 7739, set out as a note under , The President.