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Title 5 — Government Organization and Employees

Part III · Chapter 55 — Pay Administration

§ 5551. Lump-sum payment for accumulated and accrued leave on separation

Statutory text

(a)

An employee as defined by section 2105 of this title 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 section 6301(2)(B)(xiii) of this title, or elects to receive a lump-sum payment for leave under section 5552 of this title, 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)

Annual leave that is restored to an employee of the Department of Defense under section 6304(d) of this title 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)

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 section 6304(d)(3) of this title.

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.

  1. Pub. L. 89–554 · 80 Stat. 378

    Enacted · 5 U.S.C. § 5551

    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 488

    Source evidence

    Code source credit
    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 488

  2. Pub. L. 93–181 § 1 · 87 Stat. 705

    Struck · 5 U.S.C. § 5551(a)

    Pub. L. 93–181 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

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 93–181 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.

    Enacted provision · exact public law section
    (1) by striking out of subsection (a) the phrase “subsection (b) of this section” and inserting in lieu thereof “subsections (b), (d), and (e) of this section”; and

  3. Pub. L. 93–181 § 1 · 87 Stat. 705

    Struck · 5 U.S.C. § 5551(b)

    Pub. L. 93–181 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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 93–181 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.

    Enacted provision · exact public law section
    (1) by striking out of subsection (a) the phrase “subsection (b) of this section” and inserting in lieu thereof “subsections (b), (d), and (e) of this section”; and

  4. Pub. L. 95–519 § 2 · 92 Stat. 1819

    Substituted · 5 U.S.C. § 5551(b)

    Pub. L. 95–519 substituted “6301(2)(x)–(xiii)” for “6301(2)(x)–(xii)” in two places

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 95–519 substituted “6301(2)(x)–(xiii)” for “6301(2)(x)–(xii)” in two places.

    Enacted provision · exact public law section
    Sec. 2. Sections 5551(b), 6302(e), and 6306(b) of title 5, United States Code, are each amended by striking out “section 6301(2) (x)-(xii)” each place it appears and inserting “section 6301(2) (x)-(xiii)” in lieu thereof.

  5. Pub. L. 96–499 title IV § 402(a) · 94 Stat. 2599

    Changed · 5 U.S.C. § 5551(a)

    Pub. L. 96–499 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

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 96–499 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.

    Enacted provision · exact public law section
    (a) Section 5551(a) of title 5, United States Code, relating to lump-sum payment at separation for accumulated leave, is amended by adding at the end thereof the following new sentence: “The period of leave used for calculating the lump-sum payment shall not be extended due to any holiday occurring after separation.”.

  6. Computer Matching and Privacy Protection Amendments of 1990

    Pub. L. 101–508 title VII § 7202(g) · 104 Stat. 1388

    Inserted · 5 U.S.C. § 5551(a)

    Pub. L. 101–508 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).”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 101–508 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).”

    Enacted provision · exact public law section
    (g) Amendment Relating to Pay for Accumulated and Accrued Leave.— Section 5551(a) of title 5, United States Code, is amended by adding at the end the following new sentence: “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).”.

  7. Foreign Relations Authorization Act, Fiscal Years 1992 and 1993

    Pub. L. 102–138 title I § 147(b)(1) · 105 Stat. 647

    Inserted · 5 U.S.C. § 5551(a)

    Pub. L. 102–138 inserted “(excluding any differential under section 5925 and any allowance under section 5928)” after “pay” in second sentence

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–138 inserted “(excluding any differential under section 5925 and any allowance under section 5928)” after “pay” in second sentence.

    Enacted provision · exact public law section
    (1) Section 5551(a) of title 5, United States Code, is amended by inserting “(excluding any differential under section 5925 and any allowance under section 5928)” after “pay” in the second sentence.

  8. National Defense Authorization Act for Fiscal Year 1997

    Pub. L. 104–201 div. A title XVI § 1611(a) · 110 Stat. 2422

    Added · 5 U.S.C. § 5551(c)

    Pub. L. 104–201 added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–201 added subsec. (c).

    Enacted provision · exact public law section
    (a) Lump-Sum Payment Required.— Section 5551 of title 5, United States Code, is amended by adding at the end the following: “(c) (1) Annual leave that is restored to an employee of the Department of Defense under section 6304(d) of this title 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) 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 section 6304(d)(3) of this title.”.

    Effective date note
    Pub. L. 104–201, div. A, title XVI, § 1611(b), Sept. 23, 1996, 110 Stat. 2739, provided that: “Subsection (c) of section 5551 of title 5, 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 [Sept. 23, 1996].”

  9. Pub. L. 106–518 title III § 310 · 114 Stat. 2410

    Substituted · 5 U.S.C. § 5551(a)

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

    Source evidence

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

    Enacted provision · exact public law section
    SEC. 310. LUMP-SUM PAYMENT FOR ACCUMULATED AND ACCRUED LEAVE ON SEPARATION. Section 5551(a) of title 5, United States Code, is amended in the first sentence by striking “or elects” and inserting “, is transferred to a position described under section 6301(2)(B)(xiii) of this title, or elects”.

8 of 9 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes 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.

In subsection (a), the words “An employee as defined by section 2105 of this title” 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 Act of July 24, 1956, ch. 671, § 5(a)(3), 70 Stat. 606. The words “and shall not be subject to retirement deductions” are omitted and carried into section 8331(3).

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

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

Amendments1973–2000 · 7 rounds

2000

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

1996

Subsec. (c). Pub. L. 104–201 added subsec. (c).

1991

Subsec. (a). Pub. L. 102–138 inserted “(excluding any differential under section 5925 and any allowance under section 5928)” after “pay” in second sentence.

1990

Subsec. (a). Pub. L. 101–508 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).”

1980

Subsec. (a). Pub. L. 96–499 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.

1978

Subsec. (b). Pub. L. 95–519 substituted “6301(2)(x)–(xiii)” for “6301(2)(x)–(xii)” in two places.

1973

Subsec. (a). Pub. L. 93–181 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.

Subsec. (b). Pub. L. 93–181 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), , 110 Stat. 2739, provided that: “Subsection (c) of section 5551 of title 5, 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 [].”

Effective Date of 1991 Amendment

Pub. L. 102–138, title I, § 147(b)(2), , 105 Stat. 669, provided that: “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 [].”

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–508 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 section 2105(c) of this title, 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 section 7202(m)(1) of Pub. L. 101–508, set out as a note under section 2105 of this title.

Effective Date of 1980 Amendment

Pub. L. 96–499, title IV, § 402(b), , 94 Stat. 2605, provided that: “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.”

Effective Date of 1978 Amendment

Pub. L. 95–519, § 4, , 92 Stat. 1819, provided that:

“(a)

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)

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

Credits

1966–2000 · 8 acts
  1. 1966Pub. L. 89–554, , 80 Stat. 488
  2. 1973Pub. L. 93–181, § 1, , 87 Stat. 705
  3. 1978Pub. L. 95–519, § 2, , 92 Stat. 1819
  4. 1980Pub. L. 96–499, title IV, § 402(a), , 94 Stat. 2605
  5. 1990Pub. L. 101–508, title VII, § 7202(g), , 104 Stat. 1388–336
  6. 1991Pub. L. 102–138, title I, § 147(b)(1), , 105 Stat. 669
  7. 1996Pub. L. 104–201, div. A, title XVI, § 1611(a), , 110 Stat. 2738
  8. 2000Pub. L. 106–518, title III, § 310, , 114 Stat. 2420.
Show as published

(Pub. L. 89–554, , 80 Stat. 488; Pub. L. 93–181, § 1, , 87 Stat. 705; Pub. L. 95–519, § 2, , 92 Stat. 1819; Pub. L. 96–499, title IV, § 402(a), , 94 Stat. 2605; Pub. L. 101–508, title VII, § 7202(g), , 104 Stat. 1388–336; Pub. L. 102–138, title I, § 147(b)(1), , 105 Stat. 669; Pub. L. 104–201, div. A, title XVI, § 1611(a), , 110 Stat. 2738; Pub. L. 106–518, title III, § 310, , 114 Stat. 2420.)

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