Title 5 — Government Organization and Employees
Part III · Chapter 55 — Pay Administration
§ 5531. Definitions
Statutory text
For the purpose of section 5533 of this title—
“member” has the meaning given such term by section 101(23) of title 37;
“position” means a civilian office or position (including a temporary, part-time, or intermittent position), appointive or elective, in the legislative, executive, or judicial branch of the Government of the United States (including a Government corporation, but excluding a nonappropriated fund instrumentality under the jurisdiction of the armed forces) or in the government of the District of Columbia;
“retired or retainer pay” means retired pay, as defined in section 8311(3) of this title, determined without regard to subparagraphs (B) through (D) of such section 8311(3); except that such term does not include an annuity payable to an eligible beneficiary of a member or former member of a uniformed service under chapter 73 of title 10;
“agency in the legislative branch” means the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, the Office of the Architect of the Capitol, the United States Botanic Garden, the Congressional Budget Office, and the United States Capitol Police;
“employee of the House of Representatives” means a congressional employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives;
“employee of the Senate” means a congressional employee whose pay is disbursed by the Secretary of the Senate; and
“congressional employee” has the meaning given that term by section 2107 of this title, excluding an employee of an agency in the legislative branch.
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. § 5531
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 482
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 482Pub. L. 95–454 title III § 308(b) · 92 Stat. 1111
Substituted · 5 U.S.C. § 5531
Pub. L. 95–454 substituted “ ‘member’ ” for “ ‘officer’ ” in par. (1)
Added · 5 U.S.C. § 5531
Pub. L. 95–454 added par. (3)
Source evidence
Code amendment note
Pub. L. 95–454 substituted “ ‘member’ ” for “ ‘officer’ ” in par. (1) and added par. (3).Enacted provision · exact public law section
(b) Section 5531 of title 5, United States Code is amended— (1) by striking out paragraph (1) and inserting in lieu thereof the following: “(1) ‘member’ has the meaning given such term by section 101 (23) of title 37;”; (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof “; and”; and (3) by adding at the end thereof the following new paragraph: “Retired or retainer pay.” “(3) ‘retired or retainer pay’ means retired pay, as defined in section 8311(3) of this title, determined without regard to subparagraphs 5 USC 8311. (B) through (D) of such section 8311(3); except that such term does not include an annuity payable to an eligible beneficiary of a member or former member of a uniformed service under chapter 73 of title 10.”. 10 USC 1431 et seq.National Defense Authorization Act for Fiscal Years 1992 and 1993
Pub. L. 102–190 div. A title VI § 655(a)(2) · 105 Stat. 1290
Added · 5 U.S.C. § 5531(4)(7)
Pub. L. 102–190 added pars. (4) to (7)
Source evidence
Code amendment note
Pars. (4) to (7). Pub. L. 102–190 added pars. (4) to (7).Enacted provision · exact public law section
(2) Section 5531 of title 5, United States Code, is amended— (A) in paragraph (2) by striking “and” after the semicolon; (B) in paragraph (3) by striking the period at the end and inserting a semicolon; and (C) by adding after paragraph (3) the following: “(4) ‘agency in the legislative branch’ means the General Accounting Office, the Government Printing Office, the Library of Congress, the Office of Technology Assessment, the Office of the Architect of the Capitol, the United States Botanic Garden, and the Congressional Budget Office; “(5) ‘employee of the House of Representatives’ means a congressional employee whose pay is disbursed by the Clerk of the House of Representatives; “(6) ‘employee of the Senate’ means a congressional employee whose pay is disbursed by the Secretary of the Senate; and “(7) ‘congressional employee’ has the meaning given that term by section 2107 of this title, excluding an employee of an agency in the legislative branch.”.House of Representatives Administrative Reform Technical Corrections Act
Pub. L. 104–186 title II § 215(6) · 110 Stat. 1718
Substituted · 5 U.S.C. § 5531(5)
Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”
Source evidence
Code amendment note
Par. (5). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.Enacted provision · exact public law section
(6) Section 5531(5) of title 5, United States Code, is amended by striking out “Clerk” and inserting in lieu thereof “Chief Administrative Officer”.Pub. L. 106–398 § 1(dA) · 114 Stat. 1654
Substituted · 5 U.S.C. § 5531
Pub. L. 106–398 substituted “section” for “sections 5532 and” in introductory provisions
Source evidence
Code amendment note
Pub. L. 106–398 substituted “section” for “sections 5532 and” in introductory provisions.Enacted provision · exact public law section
SECTION 1. ENACTMENT OF FISCAL YEAR 2001 NATIONAL DEFENSE AUTHORIZATION ACT. The provisions of H.R. 5408 of the 106th Congress, as introduced on October 6, 2000, are hereby enacted into law.GAO Human Capital Reform Act of 2004
Pub. L. 108–271 § 8(b) · 118 Stat. 811
Substituted · 5 U.S.C. § 5531(4)
Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”
Source evidence
Code amendment note
Par. (4). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.Enacted provision · exact public law section
(b) References.— Any reference to the General Accounting Office in any law, rule, regulation, certificate, directive, instruction, or other official paper in force on the date of enactment of this Act shall be considered to refer and apply to the Government Accountability Office.United States Capitol Police Administrative Technical Corrections Act of 2009
Pub. L. 111–145 § 7(b)(1) · 124 Stat. 49
Substituted · 5 U.S.C. § 5531(4)
Pub. L. 111–145 substituted “the Congressional Budget Office, and the United States Capitol Police” for “and the Congressional Budget Office”
Source evidence
Code amendment note
Par. (4). Pub. L. 111–145 substituted “the Congressional Budget Office, and the United States Capitol Police” for “and the Congressional Budget Office”.Enacted provision · exact public law section
(1) Definition of agency in the legislative branch.— Section 5531(4) of title 5, United States Code, is amended by striking “and the Congressional Budget Office” and inserting “the Congressional Budget Office, and the United States Capitol Police”.Effective date note
Amendment by Pub. L. 111–145 effective as though enacted as part of section 1018 of Pub. L. 108–7, see section 7(d) of Pub. L. 111–145, set out as a note under section 2107 of this title.National Defense Authorization Act for Fiscal Year 2024
Pub. L. 118–31 div. A title XI § 1108 · 137 Stat. 136
Substituted · 5 U.S.C. § 5531(2)
Pub. L. 118–31 substituted “Government corporation, but excluding” for “Government corporation and”
Source evidence
Code amendment note
Par. (2). Pub. L. 118–31 substituted “Government corporation, but excluding” for “Government corporation and”.Enacted provision · exact public law section
SEC. 1108. EXCLUSION OF NONAPPROPRIATED FUND EMPLOYEES FROM LIMITATIONS ON DUAL PAY. Section 5531(2) of title 5, United States Code, is amended by striking “Government corporation and” and inserting “Government corporation, but excluding”.
8 of 9 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| 5 U.S.C. 3101 (as applicable to 5 U.S.C. 3102(a)–(e) and 3105 (less (e))). | Aug. 19, 1964, Pub. L. 88–448, § 101 (as applicable to §§ 201(a)–(e) and 301 (less (e))), 78 Stat. 484. | |
In paragraph (2), the defined word “position” is substituted for “civilian office.” The words “Government corporation” are substituted for “corporation owned or controlled by such Government” in view of the definition in section 103.
The definitions of “uniformed services” and “armed forces” are omitted as unnecessary in view of the definitions in section 2101.
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
Amendments1978–2023 · 7 rounds
2023
Par. (2). Pub. L. 118–31 substituted “Government corporation, but excluding” for “Government corporation and”.
2010
Par. (4). Pub. L. 111–145 substituted “the Congressional Budget Office, and the United States Capitol Police” for “and the Congressional Budget Office”.
2004
Par. (4). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.
2000
Pub. L. 106–398 substituted “section” for “sections 5532 and” in introductory provisions.
1996
Par. (5). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.
1991
Pars. (4) to (7). Pub. L. 102–190 added pars. (4) to (7).
1978
Pub. L. 95–454 substituted “ ‘member’ ” for “ ‘officer’ ” in par. (1) and added par. (3).
Statutory Notes and Related Subsidiaries
Change of Name
“Government Publishing Office” substituted for “Government Printing Office” in par. (4) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.
Effective Date of 2010 Amendment
Amendment by Pub. L. 111–145 effective as though enacted as part of section 1018 of Pub. L. 108–7, see section 7(d) of Pub. L. 111–145, set out as a note under section 2107 of this title.
Effective Date of 1978 Amendment
Amendment by 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.
Dual Pay Requirements for Pay Periods Subsequent to Enactment of Civil Service Act of 1978
Pub. L. 95–454, title III, § 308(g), , 92 Stat. 1151, provided that:
“(1) Except as provided in paragraph (2) of this subsection, the amendments made by this section [amending this section and section 5532 of this title] shall apply only with respect to pay periods beginning after the effective date of this Act [see Effective Date note set out under section 1101 of this title] and only with respect to members of the uniformed services who first receive retired or retainer pay (as defined in section 5531(3) of title 5, United States Code (as amended by this section)), after the effective date of this Act.
“(2) Such amendments shall not apply to any individual employed in a position on the date of the enactment of this Act [] so long as the individual continues to hold any such position (disregarding any break in service of 3 days or less) if the individual, on that date, would have been entitled to retired or retainer pay but for the fact the individual does not satisfy any applicable age requirement.
“(3) The provisions of section 5532 of title 5, United States Code, as in effect immediately before the effective date of this Act, shall apply with respect to any retired officer of a regular component of the uniformed services who is receiving retired pay on or before such date, or any individual to whom paragraph (2) applies, in the same manner and to the same extent as if the preceding subsections of this section had not been enacted.”
Credits
1966–2023 · 9 acts
- 1966Pub. L. 89–554, , 80 Stat. 482
- 1978Pub. L. 95–454, title III, § 308(b), , 92 Stat. 1150
- 1991Pub. L. 102–190, div. A, title VI, § 655(a)(2), , 105 Stat. 1391
- 1996Pub. L. 104–186, title II, § 215(6), , 110 Stat. 1745
- 2000Pub. L. 106–398, § 1 [[div. A], title X, § 1087(f)(2)], , 114 Stat. 1654, 1654A–293
- 2004Pub. L. 108–271, § 8(b), , 118 Stat. 814
- 2010Pub. L. 111–145, § 7(b)(1), , 124 Stat. 55
- 2014Pub. L. 113–235, div. H, title I, § 1301(b), , 128 Stat. 2537
- 2023Pub. L. 118–31, div. A, title XI, § 1108, , 137 Stat. 428.
Show as published
(Pub. L. 89–554, , 80 Stat. 482; Pub. L. 95–454, title III, § 308(b), , 92 Stat. 1150; Pub. L. 102–190, div. A, title VI, § 655(a)(2), , 105 Stat. 1391; Pub. L. 104–186, title II, § 215(6), , 110 Stat. 1745; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(f)(2)], , 114 Stat. 1654, 1654A–293; Pub. L. 108–271, § 8(b), , 118 Stat. 814; Pub. L. 111–145, § 7(b)(1), , 124 Stat. 55; Pub. L. 113–235, div. H, title I, § 1301(b), , 128 Stat. 2537; Pub. L. 118–31, div. A, title XI, § 1108, , 137 Stat. 428.)