5 U.S.C. § 5581 Definitions

• Library: United States Statutes
• Edition: 2023 Edition
• Currency: Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023)

For the purpose of this subchapter-

(1) "employee" means-

(A) an employee as defined by section 2105 of this title; and

(B) an individual employed by the government of the District of Columbia;

but does not include an employee of-

(i) a Federal land bank;

(ii) a Federal intermediate credit bank;

(iii) a regional bank for cooperatives; or

(iv) the Senate within the purview of section 36a of title 2; ¹ and

(2) "money due" means the pay and allowances due on account of the services of a deceased employee for the Government of the United States or the government of the District of Columbia. It includes, but is not limited to-

(A) per diem instead of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in connection therewith for which reimbursement is due;

(B) allowances on change of official station;

(C) quarters and cost-of-living allowances and overtime or premium pay;

(D) amounts due for payment of cash awards for employees' suggestions;

(E) amounts due as refund of pay deductions for United States savings bonds;

(F) payment for accumulated and current accrued annual or vacation leave equal to the pay the deceased employee would have received had he lived and remained in the service until the end of the period of annual or vacation leave;

(G) amounts of checks drawn for pay and allowances which were not delivered by the Government to the employee during his lifetime;

(H) amounts of unnegotiated checks returned to the Government because of the death of the employee; and

(I) retroactive pay under section 5344(a) (2) of this title.

It does not include benefits, refunds, or interest payable under subchapter III of chapter 83 of this title applicable to the service of the deceased employee, or amounts the disposition of which is otherwise expressly prescribed by Federal statute.

¹ See References in Text note below.

Cite as 5 U.S.C. § 5581

Source: Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 495; Pub. L. 96-54, §2(a)(34), Aug. 14, 1979, 93 Stat. 383.

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>(1)</TD> <TD> <codecitation statecd="US" datatype="S" title="5">5 U.S.C. <codesec>61k</codesec></codecitation>.</TD> <TD>Aug. 3, 1950, ch. 518, §7, 64 Stat. 396. <para>Apr. 30, 1954, ch. 177, §2, 68 Stat. 65.</para> </TD> </TR> <TR> <TD>(2)</TD> <TD> <codecitation statecd="US" datatype="S" title="5">5 U.S.C. <codesec>61g</codesec></codecitation>.</TD> <TD>Aug. 3, 1950, ch. 518, §2, 64 Stat. 396.</TD> </TR> <TR> <TD> </TD> <TD/> <TD>July 2, 1953, ch. 178, §5, 67 Stat. 138.</TD> </TR> <TR> <TD> </TD> <TD/> <TD>Sept. 1, 1954, ch. 1208, §501, 68 Stat. 1115.</TD> </TR> <TR> <TD> </TD> <TD/> <TD>Sept. 2, 1958, Pub. L. 85-914, §1, 72 Stat. 1761.</TD> </TR> <TR> <TD> </TD> <TD> <codecitation statecd="US" datatype="S" title="5">5 U.S.C. <codesec>61i</codesec></codecitation>.</TD> <TD>Aug. 3, 1950, ch. 518, §4, 64 Stat. 396.</TD> </TR> </TABLE>