5 U.S.C. § 5581 | Definitions

For the purpose of this subchapter—

(1)

“employee” means—

(A)

section 2105 of this title an employee as defined by ; and

(B)

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

but does not include an employee of—

(i)

a Federal land bank;

(ii)

a Federal intermediate credit bank;

(iii)

a regional bank for cooperatives; or

(iv)

section 36a of title 2 1

1 See References in Text note below.

the Senate within the purview of ;  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 deceased 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. 89–554Sept. 6, 196680 Stat. 495 Pub. L. 96–54, § 2(a)(34)Aug. 14, 197993 Stat. 383(, , ; , , .)

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

section 7 of the Act of Aug. 3, 1950 70 Stat. 659The exception for production credit corporations in , is omitted as they were merged in the Federal intermediate credit banks by the Farm Credit Act of 1956, .

Act of Jan. 6, 1951, ch. 1213 64 Stat. 1124 2 U.S.C. 36aThe exception in paragraph (1)(iv) for employees of the Senate is added on authority of the , ; .

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.

Editorial Notes

References in Text

Section 36a of title 2 section 4592 of Title 2, referred to in par. (1)(iv), was editorially reclassified as , The Congress.

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

Amendments

Pub. L. 96–541979—Par. (1). inserted “and” after cl. (iv).

Statutory Notes and Related Subsidiaries

Effective Date of 1979 Amendment

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 .