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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 I. GENERAL PROVISIONS |
§ 5504. Biweekly pay periods; computation of pay
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(a) The pay period for an employee covers two administrative workweeks. (b) 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: (1) To derive an hourly rate, divide the annual rate by 2,087. (2) To derive a daily rate, multiply the hourly rate by the number of daily hours of service required. (3) 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. (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). (d) (1) 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. (2) 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.
Historical And Revision
Historical and Revision Notes | ||
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1966 Act | ||
Derivation | U.S. Code | Revised Statutes and Statutes 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. |
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| 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
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.
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.
Amendments
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”.
Effective Date Of Amendment
Pub. L. 99–272, title XV, § 15203(b),
Amendment by Pub. L. 96–70 effective
Amendment by Pub. L. 96–54 effective
Amendment by section 408(a)(1) of Pub. L. 95–454 effective 9 months after
Amendment by section 906(a)(2) of Pub. L. 95–454 effective 90 days after
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,
Miscellaneous
Pub. L. 97–253, title III, § 310(b),
[Pub. L. 98–117, § 2,