Title 5 — Government Organization and Employees
Part III · Chapter 55 — Pay Administration
§ 5504. Biweekly pay periods; computation of pay
Statutory text
The pay period for an employee covers two administrative workweeks.
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:
To derive an hourly rate, divide the annual rate by 2,087.
To derive a daily rate, multiply the hourly rate by the number of daily hours of service required.
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.
For the purposes of this section:
The term “employee” means—
an employee in or under an Executive agency;
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 section 6101(a)(5) of this title; and
an individual employed by the government of the District of Columbia.
The term “employee” does not include—
an employee on the Isthmus of Panama in the service of the Panama Canal Commission; or
an employee or individual excluded from the definition of employee in section 5541(2) of this title other than an employee or individual excluded by clauses (ii), (iii), and (xiv) through (xvii) of such section.
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).
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.
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 5504
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 475
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 475Pub. L. 95–454 § 408(a)(1) · 92 Stat. 1111
Inserted · 5 U.S.C. § 5504(a)
Pub. L. 95–454, § 408(a)(1), in par. (B) inserted reference to an employee or individual excluded by section 5541(2)(xvi)
Source evidence
Code amendment note
Subsec. (a). Pub. L. 95–454, § 408(a)(1), in par. (B) inserted reference to an employee or individual excluded by section 5541(2)(xvi).Enacted provision · exact public law section
(1) by inserting “other than an employee or individual excluded by section 5541(2) (xvi) of this section" immediately before the 5 USC 5541. 5 USC 5504. period at the end of section 5504(a)(B);Pub. L. 95–454 § 906(a)(2) · 92 Stat. 1111
Substituted · 5 U.S.C. § 5504(c)
Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 95–454, § 906(a)(2), substituted “Office of Personnel Management” for “Civil Service Commission”.Enacted provision · exact public law section
(2) in sections 1301, 1302, 1304, 1308, 2105, 2951, 3110, 3304a, 3308, 3312, 3314, 3318, 3324, 3325, 3344, 3351, 3363, 3373, 3502, 3504, 4102, 4106, 4113-4118, 5102, 5103, 5105, 5107, 5110–5115, 5303, 5304, 5333, 5334, 5335(b), 5336, 5338, 5343, 5346, 5347, 5351, 5352, 5371 (as redesignated in section 801(a) (3) (A) (ii) of this Ante, p. 1218. Act), 5372 (as redesignated in such section 801(a) (3) (A) (ii)), 5374 (as redesignated in such section 801(a) (3) (A) (i i)) , 5504, 5533, 5545, 5548, 5723, 6101, 6304-6306, 6308, 6311, 6322, 6326, 7203 (as redesignated in section 703(a)(1) of this Act), 7204 Ante, p. 1216. (as redesignated in such section 703(a) (1)), 7312, 8151, 8331, 8332, 8334, 8337, 8339–8343, 8345, 8346, 8347(a), 8348, 8501, 8701–8712, 8714, 8714a, 8716, 8901–8903, 8905, 8907–8910, and 8913, by striking out “Civil Service Commission” and inserting in lieu thereof “Office of Personnel Management”;Pub. L. 96–54 § 2(a)(29) · 93 Stat. 381
Substituted · 5 U.S.C. § 5504(a)(B)
Pub. L. 96–54 substituted “(xvi) of this title” for “(xvi) of this section”
Source evidence
Code amendment note
Subsec. (a)(B). Pub. L. 96–54 substituted “(xvi) of this title” for “(xvi) of this section”.Enacted provision · exact public law section
(29) Section 5504(a)(B) is amended by striking out “ this section” and inserting in lieu thereof “this title”.Panama Canal Act of 1979
Pub. L. 96–70 title III § 3302(e)(2) · 93 Stat. 452
Substituted · 5 U.S.C. § 5504(a)(A)
Pub. L. 96–70 substituted “Panama Canal Commission” for “Canal Zone Government or the Panama Canal Company”
Source evidence
Code amendment note
Subsec. (a)(A). Pub. L. 96–70 substituted “Panama Canal Commission” for “Canal Zone Government or the Panama Canal Company”.Enacted provision · exact public law section
(2) in sections 5504(a)(A) and 6301(2)(iv), by striking out “Canal Zone Government or the Panama Canal Company” and inserting in lieu thereof “Panama Canal Commission”;Consolidated Omnibus Budget Reconciliation Act of 1985
Pub. L. 99–272 title XV § 15203(a) · 100 Stat. 82
Struck · 5 U.S.C. § 5504(b)
Pub. L. 99–272 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 · 5 U.S.C. § 5504(b)
Pub. L. 99–272 inserted “, in the case of an employee,” after “When” in second sentence
Substituted · 5 U.S.C. § 5504(b)
Pub. L. 99–272 substituted “2,087” for “2,080” in par. (1)
Inserted · 5 U.S.C. § 5504(b)
Pub. L. 99–272 inserted “other than an employee or individual excluded by section 5541(2)(xvi) of this title” at end of last sentence
Source evidence
Code amendment note
Subsec. (b). Pub. L. 99–272 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 section 5541(2)(xvi) of this title” at end of last sentence.Enacted provision · exact public law section
(a) Method of Computation.— Section 5504(b) of title 5, United States Code, is amended— (1) by striking out the first sentence; (2) in the second sentence, by striking out “When” and inserting in lieu thereof “When, in the case of an employee,”; (3) in paragraph (1), by striking out “2,080” and inserting in lieu thereof “2,087”; and (4) in the last sentence, by striking out “title.” and inserting in lieu thereof “title other than an employee or individual excluded by section 5541(2)(xvi) of this title.”.Effective date note
Pub. L. 99–272, title XV, § 15203(b), Apr. 7, 1986, 100 Stat. 334, provided that: “The amendments made by subsection (a) [amending this section] shall be effective with respect to pay periods commencing on or after March 1, 1986.”National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 1124(a)(2) · 117 Stat. 1392
Struck · 5 U.S.C. § 5504(a); 5 U.S.C. § 5504(b)
Pub. L. 108–136, § 1124(a)(2), struck out last sentence which defined “employee”
Source evidence
Code amendment note
Subsecs. (a), (b). Pub. L. 108–136, § 1124(a)(2), struck out last sentence which defined “employee”.Enacted provision · exact public law section
(2) by striking the last sentence of both subsection (a) and subsection (b); andNational Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 1124(a)(3) · 117 Stat. 1392
Redesignated · 5 U.S.C. § 5504(c)
Pub. L. 108–136, § 1124(a)(3), added subsec. (c). Former subsec. (c) redesignated (d)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 108–136, § 1124(a)(3), added subsec. (c). Former subsec. (c) redesignated (d).Enacted provision · exact public law section
(3) by inserting after subsection (b) the following: “(c) For the purposes of this section: “(1) The term ‘employee’ means— “(A) an employee in or under an Executive agency; “(B) 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 section 6101(a)(5) of this title; 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) an employee or individual excluded from the definition of employee in section 5541(2) of this title 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).” .National Defense Authorization Act for Fiscal Year 2004
Pub. L. 108–136 § 1124(a)(1) · 117 Stat. 1392
Redesignated · 5 U.S.C. § 5504(d)
Pub. L. 108–136, § 1124(a)(1), (b), redesignated subsec. (c) as (d)
Inserted · 5 U.S.C. § 5504(d)
Pub. L. 108–136, § 1124(a)(1), (b), inserted “(1)” after “(d)”
Added · 5 U.S.C. § 5504(d)
Pub. L. 108–136, § 1124(a)(1), (b), added par. (2)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 108–136, § 1124(a)(1), (b), redesignated subsec. (c) as (d), inserted “(1)” after “(d)”, and added par. (2).Enacted provision · exact public law section
(1) by redesignating subsection (c) as subsection (d);
13 of 14 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| 1966 Act | ||
| Derivation | U.S. Code | Revised Statutes andStatutes 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. | ||
In 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 Act of Sept. 26, 1950, ch. 1049, § 2(a), 64 Stat. 1038. 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.
1967 Act
This section amends 5 U.S.C. 5504 to reflect the amendment to 5 U.S.C. 6101 by section 1(43) of this bill.
Editorial Notes
Amendments1978–2003 · 4 rounds
2003
Subsecs. (a), (b). Pub. L. 108–136, § 1124(a)(2), struck out last sentence which defined “employee”.
Subsec. (c). Pub. L. 108–136, § 1124(a)(3), added subsec. (c). Former subsec. (c) redesignated (d).
Subsec. (d). Pub. L. 108–136, § 1124(a)(1), (b), redesignated subsec. (c) as (d), inserted “(1)” after “(d)”, and added par. (2).
1986
Subsec. (b). Pub. L. 99–272 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 section 5541(2)(xvi) of this title” at end of last sentence.
1979
Subsec. (a)(A). Pub. L. 96–70 substituted “Panama Canal Commission” for “Canal Zone Government or the Panama Canal Company”.
Subsec. (a)(B). Pub. L. 96–54 substituted “(xvi) of this title” for “(xvi) of this section”.
1978
Subsec. (a). Pub. L. 95–454, § 408(a)(1), in par. (B) inserted reference to an employee or individual excluded by section 5541(2)(xvi).
Subsec. (c). Pub. L. 95–454, § 906(a)(2), 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), , 100 Stat. 334, provided that: “The amendments made by subsection (a) [amending this section] shall be effective with respect to pay periods commencing on or after .”
Effective Date of 1979 Amendments
Amendment by Pub. L. 96–70 effective , see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.
Amendment by Pub. L. 96–54 effective , see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.
Effective Date of 1978 Amendment
Amendment by section 408(a)(1) of Pub. L. 95–454 effective 9 months after , and congressional review of provisions of sections 401 through 415 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as an Effective Date note under section 3131 of this title.
Amendment by section 906(a)(2) of Pub. L. 95–454 effective 90 days after , see section 907 of Pub. L. 95–454, set out as a note under section 1101 of this title.
Determination of Hourly Rate
Pub. L. 97–253, title III, § 310(b), , 96 Stat. 799, as amended by Pub. L. 97–346, § 3(l), , 96 Stat. 1649; Pub. L. 98–117, § 1, , 97 Stat. 802, provided that:
“(1) 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 section 5504(b) of title 5, United States Code [subsection (b) of this section], any hourly rate derived under section 5504(b)(1) of title 5, 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) 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 section 5305 of title 5, 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.”
[Pub. L. 98–117, § 2, , 97 Stat. 802, provided that: “The amendment made by this Act [enacting par. (4) of this note] shall be effective as of .”
]
Executive Documents
Delegation of Functions
Functions 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 section 301 of Title 3, The President.
Credits
1966–2003 · 7 acts
- 1966Pub. L. 89–554, , 80 Stat. 475
- 1967Pub. L. 90–83, § 1(21), , 81 Stat. 199
- 1978Pub. L. 95–454, title IV, § 408(a)(1), title IX, § 906(a)(2), , 92 Stat. 1173, 1224
- 1979Pub. L. 96–54, § 2(a)(29), , 93 Stat. 383
- 1979Pub. L. 96–70, title III, § 3302(e)(2), , 93 Stat. 498
- 1986Pub. L. 99–272, title XV, § 15203(a), , 100 Stat. 334
- 2003Pub. L. 108–136, div. A, title XI, § 1124, , 117 Stat. 1637.
Show as published
(Pub. L. 89–554, , 80 Stat. 475; Pub. L. 90–83, § 1(21), , 81 Stat. 199; Pub. L. 95–454, title IV, § 408(a)(1), title IX, § 906(a)(2), , 92 Stat. 1173, 1224; Pub. L. 96–54, § 2(a)(29), , 93 Stat. 383; Pub. L. 96–70, title III, § 3302(e)(2), , 93 Stat. 498; Pub. L. 99–272, title XV, § 15203(a), , 100 Stat. 334; Pub. L. 108–136, div. A, title XI, § 1124, , 117 Stat. 1637.)