5 U.S.C. § 5565 Agency Review

• Library: United States Statutes
• Edition: 2023
• Currency: Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31]
• Year: 2023
• Citation: 5 U.S.C. § 5565

(a) When an employee has been in a missing status almost 12 months and no official report of his death or the circumstances of his continued absence has been received by the head of the agency concerned, he shall have the case fully reviewed. After that review and the end of 12 months in a missing status, or after any later review which shall be made when warranted by information received or other circumstances, the head of the agency concerned or his designee may-

(1) direct the continuance of his missing status, if there is a reasonable presumption that the employee is alive; or

(2) make a finding of death.

(b) When a finding of death is made under subsection (a) of this section, it shall include the date death is presumed to have occurred for the purpose of the ending of crediting pay and allowances and settlement of accounts. That date is-

(1) the day after the day on which the 12 months in a missing status ends; or

(2) a day determined by the head of the agency concerned or his designee when the missing status has been continued under subsection (a) of this section.

(c) For the purpose of determining status under this section, a dependent of an employee in active service is deemed an employee. A determination under this section made by the head of the agency concerned or his designee is conclusive on all other agencies of the United States. This section does not entitle a dependent to pay, allowances, or other compensation to which he is not otherwise entitled.

Cite as 5 U.S.C. § 5565

Source: Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 492.

Notes from the Office of Law Revision Counsel

current through 8/1/2023

<TABLE> <TR><TD colspan="3">HISTORICAL AND REVISION NOTES</TD> </TR> <TR> <TD>Derivation</TD> <TD>U.S. Code</TD> <TD>Revised Statutes and <para>Statutes at Large</para> </TD> </TR> <TR> <TD>(a)</TD> <TD>50A U.S.C. <codecitation statecd="US" sessionyear="2023" datatype="S" title="50A"><codesec>1005</codesec></codecitation> (1st and 2d sentences).</TD> <TD>Mar. 7, 1942, ch. 166, §5, 56 Stat. 145. <para>Dec. 24, 1942, ch. 828, §1 (3d par.), 56 Stat. 1093.</para> </TD> </TR> <TR> <TD> </TD> <TD/> <TD>Aug. 14, 1964, Pub. L. 88-428, §1(4), 78 Stat. 437.</TD> </TR> <TR> <TD> </TD> <TD>50A U.S.C. <codecitation statecd="US" sessionyear="2023" datatype="S" title="50A"><codesec>1014</codesec></codecitation> (as applicable to §1005 (1st sentence)).</TD> <TD>Mar. 7, 1942, ch. 166, §14 (as applicable to §5 (1st sentence)), 56 Stat. 147. <para>Apr. 4, 1953, ch. 17, §1(e), 67 Stat. 21.</para> </TD> </TR> <TR> <TD>(b)</TD> <TD>50A U.S.C. <codecitation statecd="US" sessionyear="2023" datatype="S" title="50A"><codesec>1005</codesec></codecitation> (less 1st and 2d sentences).</TD> <TD/> </TR> <TR> <TD>(c)</TD> <TD>50A U.S.C. <codecitation statecd="US" sessionyear="2023" datatype="S" title="50A"><codesec>1009<subdiv>(b)</subdiv></codesec></codecitation> (as applicable to §1005).</TD> <TD>Mar. 7, 1942, ch. 166, §9(b) (as applicable to §5); added <para>Aug. 29, 1957, Pub. L. 85-217, §1(c), 71 Stat. 492.</para> </TD> </TR> </TABLE>