5 U.S.C. § 5551 | Lump-sum payment for accumulated and accrued leave on separation

(a)

section 2105 of this title section 6301(2)(B)(xiii) of this title section 5552 of this title An employee as defined by or an individual employed by the government of the District of Columbia, who is separated from the service, is transferred to a position described under , or elects to receive a lump-sum payment for leave under , is entitled to receive a lump-sum payment for accumulated and current accrued annual or vacation leave to which he is entitled by statute. The lump-sum payment shall equal the pay (excluding any differential under section 5925 and any allowance under section 5928) the employee or individual would have received had he remained in the service until expiration of the period of the annual or vacation leave. The lump-sum payment is considered pay for taxation purposes only. The period of leave used for calculating the lump-sum payment shall not be extended due to any holiday occurring after separation. For the purposes of this subsection, movement to employment described in section 2105(c) shall not be deemed separation from the service in the case of an employee whose annual leave is transferred under section 6308(b).

(b)

The accumulated and current accrued annual leave to which an officer excepted from subchapter I of chapter 63 of this title by section 6301(2)(x)–(xiii) of this title, is entitled immediately before the date he is excepted under that section shall be liquidated by a lump-sum payment in accordance with subsection (a) of this section or subchapter VIII of this chapter, except that the payment is based on the rate of pay which he was receiving immediately before the date on which section 6301(2)(x)–(xiii) of this title became applicable to him.

(c)

(1)

section 6304(d) of this title Annual leave that is restored to an employee of the Department of Defense under by reason of the operation of paragraph (3) of such section and remains unused upon the transfer of the employee to a position described in paragraph (2) shall be liquidated by payment of a lump-sum for such leave to the employee upon the transfer.

(2)

section 6304(d)(3) of this title A position referred to in paragraph (1) is a position in a department or agency of the Federal Government outside the Department of Defense or a Department of Defense position that is not located at a Department of Defense installation being closed or realigned as described in .

Pub. L. 89–554Sept. 6, 196680 Stat. 488 Pub. L. 93–181, § 1Dec. 14, 197387 Stat. 705 Pub. L. 95–519, § 2Oct. 25, 197892 Stat. 1819 Pub. L. 96–499, title IV, § 402(a)Dec. 5, 198094 Stat. 2605 Pub. L. 101–508, title VII, § 7202(g)Nov. 5, 1990104 Stat. 1388–336 Pub. L. 102–138, title I, § 147(b)(1)Oct. 28, 1991105 Stat. 669 Pub. L. 104–201, div. A, title XVI, § 1611(a)Sept. 23, 1996110 Stat. 2738 Pub. L. 106–518, title III, § 310Nov. 13, 2000114 Stat. 2420(, , ; , , ; , , ; , , ; , , ; , , ; , , ; , , .)

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(a)	5 U.S.C. 61b (1st, 2d, and 6th sentences).	Dec. 21, 1944, ch. 632, § 1 (less 1st proviso, and less so much of last sentence as precedes 2d proviso), 58 Stat. 845.
		July 2, 1953, ch. 178, § 4(a) (1st and 5th sentences), 67 Stat. 137.
(b)	5 U.S.C. 2061a(a).	July 2, 1953, ch. 178, § 2(a), 67 Stat. 136.

section 2105 of this title Act of July 24, 1956, ch. 671, § 5(a)(3)70 Stat. 606In subsection (a), the words “An employee as defined by ” are coextensive with and substituted for “civilian officer or employee of the Federal Government”. Reference to “section 1474 of Appendix to Title 50, is omitted in view of the repeal of that section by the , . The words “and shall not be subject to retirement deductions” are omitted and carried into section 8331(3).

section 5 of the Act of July 2, 1953, ch. 178 67 Stat. 138Sept. 2, 1958Pub. L. 85–914, § 1 72 Stat. 1761In subsection (b)(2), reference to the limitation imposed by , , is omitted as obsolete since the limitation was eliminated by the Act of , , .

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

Editorial Notes

Amendments

Pub. L. 106–518 section 6301(2)(B)(xiii) of this title2000—Subsec. (a). substituted “, is transferred to a position described under , or elects” for “or elects” in first sentence.

Pub. L. 104–2011996—Subsec. (c). added subsec. (c).

Pub. L. 102–1381991—Subsec. (a). inserted “(excluding any differential under section 5925 and any allowance under section 5928)” after “pay” in second sentence.

Pub. L. 101–5081990—Subsec. (a). inserted at end “For the purposes of this subsection, movement to employment described in section 2105(c) shall not be deemed separation from the service in the case of an employee whose annual leave is transferred under section 6308(b).”

Pub. L. 96–4991980—Subsec. (a). provided that the period of leave used for calculating the lump-sum payment was not to be extended due to any holiday occurring after separation.

Pub. L. 95–5191978—Subsec. (b). substituted “6301(2)(x)–(xiii)” for “6301(2)(x)–(xii)” in two places.

Pub. L. 93–1811973—Subsec. (a). struck out exception clause that the lump-sum payment may not exceed pay for a period of annual or vacation leave in excess of 30 days or the number of days carried over to his credit at the beginning of the leave year in which entitlement to payment occurs, whichever is greater.

Pub. L. 93–181Subsec. (b). struck out second exception clause that the payment is made without regard to the limitation in subsec. (a) of this section on the amount of leave compensable.

Statutory Notes and Related Subsidiaries

Effective Date of 1996 Amendment

Pub. L. 104–201, div. A, title XVI, § 1611(b)Sept. 23, 1996110 Stat. 2739

section 5551 of title 5Sept. 23, 1996“Subsection (c) of , United States Code (as added by subsection (a)), shall apply with respect to transfers described in such subsection (c) that take effect on or after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1991 Amendment

Pub. L. 102–138, title I, § 147(b)(2)Oct. 28, 1991105 Stat. 669

Oct. 28, 1991“The amendment made by paragraph (1) [amending this section] shall apply with respect to service as part of a tour of duty or extension thereof commencing on or after the date of enactment of this Act [].”

, , , provided that:

Effective Date of 1990 Amendment

Pub. L. 101–508Jan. 1, 1987section 2105(c) of this title section 7202(m)(1) of Pub. L. 101–508 section 2105 of this titleAmendment by applicable with respect to any individual who, on or after , moves from employment in nonappropriated fund instrumentality of Department of Defense or Coast Guard, that is described in , to employment in Department or Coast Guard, that is not described in section 2105(c), or who moves from employment in Department or Coast Guard, that is not described in section 2105(c), to employment in nonappropriated fund instrumentality of Department or Coast Guard, that is described in section 2105(c), see , set out as a note under .

Effective Date of 1980 Amendment

Pub. L. 96–499, title IV, § 402(b)Dec. 5, 198094 Stat. 2605

Dec. 5, 1980“The amendment made by subsection (a) [amending this section] shall take effect on the date of the enactment of this Act [] and shall apply to employees separating from the service on or after such date.”

, , , provided that:

Effective Date of 1978 Amendment

Pub. L. 95–519, § 4Oct. 25, 197892 Stat. 1819

“(a)

Oct. 25, 1978 The amendments made by the first section and section 2 of this Act [amending this section and sections 6301, 6302, and 6306 of this title] shall take effect beginning on the first day of the first applicable pay period beginning on or after the date of the enactment of this Act [].

“(b)

section 8339 of this titleOct. 25, 1978 The amendment made by section 3 of this Act [amending ] shall apply only with respect to employees who retire or die on or after the date of the enactment of this Act [].”

, , , provided that: