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United States Code (Last Updated: May 24, 2014) |
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Title 5. GOVERNMENT ORGANIZATION AND EMPLOYEES |
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Part III. EMPLOYEES |
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SubPart D. Pay and Allowances |
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Chapter 55. PAY ADMINISTRATION |
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SubChapter V. PREMIUM PAY |
§ 5541. Definitions
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For the purpose of this subchapter— (1) “agency” means— (A) an Executive agency; (B) a military department; (C) an agency in the judicial branch; (D) the Library of Congress; (E) the Botanic Garden; (F) the Office of the Architect of the Capitol; and (G) the government of the District of Columbia; (2) “employee” means— (A) an employee in or under an Executive agency; (B) an individual employed by the government of the District of Columbia; and (C) an employee in or under the judicial branch, the Library of Congress, the Botanic Garden, and the Office of the Architect of the Capitol, who occupies a position subject to chapter 51 and subchapter III of chapter 53 of this title; but does not include— (i) a justice or judge of the United States; (ii) the head of an agency other than the government of the District of Columbia; (iii) a teacher, school official, or employee of the Board of Education of the District of Columbia, whose pay is fixed under chapter 15 of title 31, District of Columbia Code; (iv) a member of— (I) the Metropolitan Police or the Fire Department of the District of Columbia; or (II) a member of the United States Park Police, other than for purposes of section 5545(a) and 5546; (v) a student-employee as defined by section 5351 of this title; [(vi) Repealed. Pub. L. 91–375, § 6(c)(16), Aug. 12, 1970 , 84 Stat. 776;](vii) an employee outside the continental United States or in Alaska who is paid in accordance with local native prevailing wage rates for the area in which employed; (viii) an employee of the Tennessee Valley Authority; (ix) an individual to whom section 1291(a) of title 50, appendix, applies; (x) an employee of a Federal land bank, a Federal intermediate credit bank, or a bank for cooperatives; (xi) an employee whose pay is fixed and adjusted from time to time in accordance with prevailing rates under subchapter IV of chapter 53 of this title, or by a wage board or similar administrative authority serving the same purpose, except as provided by section 5544 or 5550b of this title; (xii) an employee of the Transportation Corps of the Army on a vessel operated by the United States, a vessel employee of the Environmental Science Services Administration, or a vessel employee of the Department of the Interior; (xiii) a “teacher” or an individual holding a “teaching position” as defined by section 901 of title 20; (xiv) a Foreign Service officer; (xv) a member of the Senior Foreign Service; (xvi) member of the Senior Executive Service; or (xvii) a member of the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service; and (3) “law enforcement officer” means an employee who— (A) is a law enforcement officer within the meaning of section 8331(20) or 8401(17); (B) in the case of an employee who holds a supervisory or administrative position and is subject to subchapter III of chapter 83, but who does not qualify to be considered a law enforcement officer within the meaning of section 8331(20), would so qualify if such employee had transferred directly to such position after serving as a law enforcement officer within the meaning of such section; (C) in the case of an employee who holds a supervisory or administrative position and is subject to chapter 84, but who does not qualify to be considered a law enforcement officer within the meaning of section 8401(17), would so qualify if such employee had transferred directly to such position after performing duties described in section 8401(17)(A) and (B) for at least 3 years; and (D) in the case of an employee who is not subject to subchapter III of chapter 83 or chapter 84— (i) holds a position that the Office of Personnel Management determines would satisfy subparagraph (A), (B), or (C) if the employee were subject to subchapter III of chapter 83 or chapter 84; or (ii) is a special agent in the Diplomatic Security Service.
Historical And Revision
Historical and Revision Notes | ||
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Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| 5 U.S.C. 901(a), (d), (e). | June 30, 1945, ch. 212 § 101(a), (d), (e), 59 Stat. 295, 296. |
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| 5 U.S.C. 902 (less clause (1) and last sentence of (a)). | June 30, 1945, ch. 212, § 102 (less clause (1) and last sentence of (a)), 59 Stat. 296. |
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| Aug. 18, 1959, Pub. L. 86–168, § 202(c)73 Stat. 389. |
| 5 U.S.C. 2358(a) (as applicable to the Federal Employees Pay Act of 1945, as amended). | July 17, 1959, Pub. L. 86–91, § 10(a) (as applicable to the Federal Employees Pay Act of 1945, as amended), 73 Stat. 217. |
The section is revised as a definition section. The provisions of former section 901(d) are omitted as unnecessary because the sections referred to state their application and there is no need to restate the application here.
In paragraph (1), the terms “Executive agency” and “military department” are substituted for the references in former section 901(a) and (e) to the executive branch, including Government-owned or controlled corporations, and the General Accounting Office in view of the definitions in sections 105 and 102.
In paragraph (2)(iii), the words “chapter 15 of title 31, District of Columbia Code” are substituted for the reference in former section 902(a)(4) to “the Teachers Salary Act of
In paragraph (2)(iv), the provisions of former section 902(a)(5) and (b)(6) are combined.
In paragraph (2)(v), the words “student-employee as defined by section 5351 of this title” are coextensive with and substituted for the enumeration of the employees in former section 902(a)(6).
In paragraph (2)(iv), (vi), (vii), (viii), (ix), (xi), and (xii), the reference to former section 947 is omitted as that section was repealed by the Act of Sept. 12, 1950, ch. 946, § 301(85), 64 Stat. 843.
In paragraph (2)(xii), the reference to former section 946 is omitted as unnecessary since that section is not carried into this subchapter. The words “Panama Canal Company” are substituted for “Panama Railroad Company” on authority of the Act of Sept. 2, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038.
In paragraph (2)(xiii), the words “as defined by section 901 of title 20” are added on authority of former section 2351, which section is scheduled for transfer to section 901 of title 20.
The exception for officers and employees of the Inland Waterways Corporation in former section 902(b)(3) is omitted on authority of 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.
Amendments
2010—Par. (2)(iv)(II). Pub. L. 111–282 struck out “a member of the United States Secret Service Uniformed Division,” before “a member of the United States Park Police”.
2008—Par. (2)(xi). Pub. L. 110–181 substituted “section 5544 or 5550b” for “section 5544”.
1996—Par. (2)(xii). Pub. L. 104–201 inserted “or” after “Services Administration,” and struck out “, or a vessel employee of the Panama Canal Commission” after “Interior”.
1992—Par. (3). Pub. L. 102–378 added par. (3).
1990—Par. (2)(iv). Pub. L. 101–509 amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “a member of the Metropolitan Police, the Fire Department of the District of Columbia, the United States Park Police, or the Executive Protective Service;”.
1988—Par. (2)(xvii). Pub. L. 100–325 added cl. (xvii).
1980—Par. (2)(xiv). Pub. L. 96–465 struck out “within the meaning of section 401 of the Foreign Service Act of 1946” after “officer”.
Par. (2)(xv). Pub. L. 96–465 substituted “a member of the Senior Foreign Service” for “a ‘Foreign Service information officer’ as provided for by the first section of the Act entitled ‘An Act to promote the foreign policy of the United States by strengthening and improving the Foreign Service personnel system of the International Communication Agency through establishment of a Foreign Service Information Officer Corps’, approved
1979—Par. (2)(xii). Pub. L. 96–70 substituted “Commission” for “Company”.
1978—Par. (2)(xvi). Pub. L. 95–454 added cl. (xvi).
Par. (2)(xv). Pub. L. 95–426 substituted “International Communication Agency” for “United States Information Agency”.
1977—Par. (2)(xiv), (xv). Pub. L. 95–105 added cls. (xiv) and (xv).
1975—Par. (2)(iv). Pub. L. 94–183 substituted “Executive Protective Service” for “White House Police”.
1972—Par. (2)(xi). Pub. L. 92–392 substituted “pay” for “basic pay” and provided for determination of pay under subchapter IV of chapter 53 of this title.
1970—Par. (2)(vi). Pub. L. 91–375 repealed cl. (vi) which excluded an employee in the postal field service from definition of “employee”.
1967—Par. (2)(xii). Pub. L. 90–83 substituted “Environmental Science Services Administration” for “Coast and Geodetic Survey”. See Historical and Revision Notes under section 2101 of this title.
Effective Date Of Amendment
Amendment by Pub. L. 111–282 effective on first day of first pay period which begins after
Pub. L. 110–181, div. A, title XI, § 1111(c),
Amendment by Pub. L. 102–378 effective as of first day of first applicable pay period beginning on or after
Pub. L. 101–509, title V, § 529 [title IV, § 411(b)],
Amendment by Pub. L. 96–465 effective
Amendment by Pub. L. 96–70 effective
Amendment by Pub. L. 95–454 effective 9 months after
Pub. L. 95–426, title II, § 204(b)(5)(B),
Section 412(a)(2) of Pub. L. 95–105 provided that:
Amendment by Pub. L. 92–392 effective on first day of first applicable pay period beginning on or after 90th day after
Amendment by Pub. L. 91–375 effective within 1 year after
Short Title Of Amendment
Pub. L. 103–329, title VI, § 633(a),
Transfer Of Functions
Environmental Science Services Administration in Department of Commerce, including offices of Administrator and Deputy Administrator thereof, abolished by Reorg. Plan No. 4 of 1970, eff.
Miscellaneous
Pub. L. 106–113, div. B, § 1000(a)(1) [title I, § 115],
[Pub. L. 106–553, § 1(a)(2) [title I, § 111],
Pub. L. 102–378, § 2(40)(D),
Pub. L. 100–690, title VI, § 6401,