---
kind: "section"
citation: "5 U.S.C. § 5595"
title: "5"
title_heading: "Government Organization and Employees"
number: "5595"
heading: "Severance pay"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/5/5595"
units:
  - "Part III — Employees"
  - "Subpart D — Pay and Allowances"
  - "Chapter 55 — Pay Administration"
  - "Subchapter IX — Severance Pay and Back Pay"
---

# §5595. Severance pay

- (a) For the purpose of this section—
  - (1) “[agency](/usc/5/3132.md?p=a-1)” means—
    - (A) an [Executive agency](/usc/5/6501.md?p=2);
    - (B) the Library of Congress;
    - (C) the Government Publishing Office;
    - (D) the [government](/usc/5/4101.md?p=3) of the District of Columbia;
    - (E) the Administrative [Office](/usc/5/5402.md?p=3) of the [United States](/usc/5/7103.md?p=a-18) [Courts](/usc/5/8401.md?p=7), the Federal Judicial Center, and the [courts](/usc/5/8401.md?p=7) named by [section 610 of title 28](/usc/28/610.md); and
    - (F) the [Office](/usc/5/5402.md?p=3) of the Architect of the Capitol; and
  - (2) “[employee](/usc/5/4701.md?p=a-2)” means—
    - (A) an individual employed in or under an [agency](/usc/5/3132.md?p=a-1); and
    - (B) an individual employed by a county committee established under [section 590h(b) of title 16](/usc/16/590h.md?p=b);

    but does not include—

    - (i) an [employee](/usc/5/4701.md?p=a-2) (other than a [member](/usc/5/8401.md?p=20) of the [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26) or the Federal Bureau of Investigation and Drug Enforcement [Administration](/usc/5/9801.md?p=1) [Senior Executive](/usc/5/3132.md?p=a-3) [Service](/usc/5/8401.md?p=26), or an [employee](/usc/5/4701.md?p=a-2) whose [pay](/usc/5/7511.md?p=a-4) is fixed under [section 5376](/usc/5/5376.md)) whose rate of [basic pay](/usc/5/8401.md?p=4) is fixed at a rate provided for one of the levels of the Executive Schedule or is in excess of the maximum rate for the Executive Schedule;
    - (ii) an [employee](/usc/5/4701.md?p=a-2) serving under an appointment with a definite time limitation, except one so appointed for full-time employment without a break in [service](/usc/5/8401.md?p=26) of more than 3 days following [service](/usc/5/8401.md?p=26) under an appointment without time limitation;
    - (iii) an alien [employee](/usc/5/4701.md?p=a-2) who occupies a [position](/usc/5/5102.md?p=a-3) outside the several [States](/usc/5/8521.md?p=a-3), the District of Columbia, and the areas and installations in the Republic of Panama made available to the [United States](/usc/5/7103.md?p=a-18) pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979);
    - (iv) an [employee](/usc/5/4701.md?p=a-2) who is subject to subchapter III of [chapter 83](/usc/5/chptIII/sptG/ch83.md) of this title or any other retirement statute or retirement [system](/usc/5/8401.md?p=29) applicable to an [employee](/usc/5/4701.md?p=a-2) as defined by [section 2105 of this title](/usc/5/2105.md) or a [member](/usc/5/8401.md?p=20) of a uniformed [service](/usc/5/8401.md?p=26) and who, at the time of separation from the [service](/usc/5/8401.md?p=26), has fulfilled the requirements for immediate annuity under such a statute or [system](/usc/5/8401.md?p=29);
    - (v) an [employee](/usc/5/4701.md?p=a-2) who, at the time of separation from the [service](/usc/5/8401.md?p=26), is receiving compensation under subchapter I of [chapter 81](/usc/5/chptIII/sptG/ch81.md) of this title, other than one receiving this compensation concurrently with [pay](/usc/5/7511.md?p=a-4) or on [account](/usc/5/8401.md?p=1) of the death of another individual;
    - (vi) an [employee](/usc/5/4701.md?p=a-2) who, at the time of separation from the [service](/usc/5/8401.md?p=26), is entitled to receive benefits under section 609(b)(1) of the Foreign Service Act of 1980 or any other severance [pay](/usc/5/7511.md?p=a-4) from the [Government](/usc/5/4101.md?p=3);
    - (vii) an [employee](/usc/5/4701.md?p=a-2) of the Tennessee Valley [Authority](/usc/5/7103.md?p=a-6);
    - (viii) an [employee](/usc/5/4701.md?p=a-2) of the [Office](/usc/5/5402.md?p=3) of the Architect of the Capitol, who is employed on a temporary when actually employed basis;
    - (ix) an [employee](/usc/5/4701.md?p=a-2) of the Government Publishing Office, who is employed on a temporary when actually employed basis; or
    - (x) such other [employee](/usc/5/4701.md?p=a-2) as may be excluded by regulations of the President or such other officer or [agency](/usc/5/3132.md?p=a-1) as he may designate.
- (b) Under regulations prescribed by the President or such officer or [agency](/usc/5/3132.md?p=a-1) as he may designate, an [employee](/usc/5/4701.md?p=a-2) who—
  - (1) has been employed currently for a continuous period of at least 12 months; and
  - (2) is involuntarily separated from the [service](/usc/5/8401.md?p=26), not by removal for cause on charges of misconduct, delinquency, or inefficiency;

  is entitled to be paid severance [pay](/usc/5/7511.md?p=a-4) in regular [pay](/usc/5/7511.md?p=a-4) periods by the [agency](/usc/5/3132.md?p=a-1) from which separated. However, the [Director](/usc/5/8401.md?p=8) of the Administrative [Office](/usc/5/5402.md?p=3) of the [United States](/usc/5/7103.md?p=a-18) [Courts](/usc/5/8401.md?p=7) may prescribe regulations to effect the application and operation of this section to the [agencies](/usc/5/3132.md?p=a-1) specified in [subsection (a)(1)(E)](#a-1-E) of this section. The Architect of the Capitol may prescribe regulations to effect the application and operation of this section to the [agency](/usc/5/3132.md?p=a-1) specified in [subsection (a)(1)(F)](#a-1-F) of this section. The [Director](/usc/5/8401.md?p=8) of the Government Publishing Office may prescribe regulations to effect the application and operation of this section to the [agency](/usc/5/3132.md?p=a-1) specified in [subsection (a)(1)(C)](#a-1-C) of this section.

- (c) Severance [pay](/usc/5/7511.md?p=a-4) consists of—
  - (1) a basic severance allowance computed on the basis of 1 week’s [basic pay](/usc/5/8401.md?p=4) at the rate received immediately before separation for each year of civilian [service](/usc/5/8401.md?p=26) up to and including 10 years for which severance [pay](/usc/5/7511.md?p=a-4) has not been received under this or any other [authority](/usc/5/7103.md?p=a-6) and 2 weeks’ [basic pay](/usc/5/8401.md?p=4) at that rate for each year of civilian [service](/usc/5/8401.md?p=26) beyond 10 years for which severance [pay](/usc/5/7511.md?p=a-4) has not been received under this or any other [authority](/usc/5/7103.md?p=a-6); and
  - (2) an age adjustment allowance computed on the basis of 10 percent of the total basic severance allowance for each year by which the age of the recipient exceeds 40 years at the time of separation.

  Total severance [pay](/usc/5/7511.md?p=a-4) under this section may not exceed 1 year’s [pay](/usc/5/7511.md?p=a-4) at the rate received immediately before separation. For the purpose of this subsection, “[basic pay](/usc/5/8401.md?p=4)” includes premium [pay](/usc/5/7511.md?p=a-4) under [section 5545(c)(1) of this title](/usc/5/5545.md?p=c-1).

- (d) If an [employee](/usc/5/4701.md?p=a-2) is reemployed by the [Government](/usc/5/4101.md?p=3) of the [United States](/usc/5/7103.md?p=a-18) or the [government](/usc/5/4101.md?p=3) of the District of Columbia before the end of the period covered by payments of severance [pay](/usc/5/7511.md?p=a-4), the payments shall be discontinued beginning with the date of reemployment and the [service](/usc/5/8401.md?p=26) represented by the unexpired portion of the period shall be recredited to the [employee](/usc/5/4701.md?p=a-2) for use in any later computations of severance [pay](/usc/5/7511.md?p=a-4). For the purpose of [subsection (b)](#b) (1) of this section, reemployment that causes severance [pay](/usc/5/7511.md?p=a-4) to be discontinued is deemed employment continuous with that serving as the basis for severance [pay](/usc/5/7511.md?p=a-4).
- (e) If the [employee](/usc/5/4701.md?p=a-2) dies before the end of the period covered by payments of severance [pay](/usc/5/7511.md?p=a-4), the payments of severance [pay](/usc/5/7511.md?p=a-4) with respect to the [employee](/usc/5/4701.md?p=a-2) shall be continued as if the [employee](/usc/5/4701.md?p=a-2) were living and shall be paid on a [pay](/usc/5/7511.md?p=a-4) period basis to the [survivor](/usc/5/8401.md?p=28) of the [employee](/usc/5/4701.md?p=a-2) in accordance with [section 5582(b) of this title](/usc/5/5582.md?p=b).
- (f) Severance [pay](/usc/5/7511.md?p=a-4) under this section is not a basis for payment, and may not be included in the basis for computation, of any other type of [United States](/usc/5/7103.md?p=a-18) or District of Columbia [Government](/usc/5/4101.md?p=3) benefits. A period covered by severance [pay](/usc/5/7511.md?p=a-4) is not a period of [United States](/usc/5/7103.md?p=a-18) or District of Columbia [Government](/usc/5/4101.md?p=3) [service](/usc/5/8401.md?p=26) or employment.
- (g) The [Secretary](/usc/5/9901.md?p=2) of Agriculture shall prescribe regulations to effect the application and operation of this section to an individual named by [subsection (a)(2)(B)](#a-2-B) of this section.
- (h)
  - (1) Severance [pay](/usc/5/7511.md?p=a-4) under this section may not be paid to—
    - (A) a [person](/usc/5/7103.md?p=a-1) described in [paragraph (4)(A)](#h-4-A) during any period in which the [person](/usc/5/7103.md?p=a-1) is employed in a defense nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality; or
    - (B) a [person](/usc/5/7103.md?p=a-1) described in [paragraph (4)(B)](#h-4-B) during any period in which the [person](/usc/5/7103.md?p=a-1) is employed in a Coast Guard nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality.
  - (2)
    - (A) Except as provided in [subparagraph (B)](#h-2-B), payment of severance [pay](/usc/5/7511.md?p=a-4) to a [person](/usc/5/7103.md?p=a-1) referred to in [paragraph (1)](#h-1) may be resumed upon any involuntary separation of the [person](/usc/5/7103.md?p=a-1) from the [position](/usc/5/5102.md?p=a-3) of employment in a nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality, not by removal for cause on charges of misconduct, delinquency, or inefficiency.
    - (B) Payment of severance [pay](/usc/5/7511.md?p=a-4) may not be resumed under [subparagraph (A)](#h-2-A) in the case of a [person](/usc/5/7103.md?p=a-1) who, upon separation, is entitled to immediate payment of [retired or retainer pay](/usc/5/5531.md?p=3) as a [member](/usc/5/8401.md?p=20) or former [member of the uniformed services](/usc/5/9001.md?p=3) or to an immediate annuity under—
      - (i) a retirement [system](/usc/5/8401.md?p=29) for [persons](/usc/5/7103.md?p=a-1) retiring from employment by a nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality;
      - (ii) subchapter III of [chapter 83](/usc/5/chptIII/sptG/ch83.md) of this title;
      - (iii) subchapter II of [chapter 84](/usc/5/chptIII/sptG/ch84.md) of this title; or
      - (iv) any other retirement [system](/usc/5/8401.md?p=29) of the Federal [Government](/usc/5/4101.md?p=3) for [persons](/usc/5/7103.md?p=a-1) retiring from employment with the Federal [Government](/usc/5/4101.md?p=3).
  - (3) Upon resumption of payment of severance [pay](/usc/5/7511.md?p=a-4) under [paragraph (2)(A)](#h-2-A) in the case of a [person](/usc/5/7103.md?p=a-1) separated as described in such paragraph, the amount of the severance [pay](/usc/5/7511.md?p=a-4) so payable for a period shall be reduced (but not below zero) by the portion (if any) of the amount of any severance [pay](/usc/5/7511.md?p=a-4) payable for such period to the [person](/usc/5/7103.md?p=a-1) by the nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality that is attributable to credit for [service](/usc/5/8401.md?p=26) taken into [account](/usc/5/8401.md?p=1) under [subsection (c)](#c) in the computation of the amount of the severance [pay](/usc/5/7511.md?p=a-4) so resumed.
  - (4) [Paragraph (1)](#h-1) applies to a [person](/usc/5/7103.md?p=a-1) who, on or after January 1, 1987, moves without a break in [service](/usc/5/8401.md?p=26)—
    - (A) from employment in the [Department](/usc/5/10101.md?p=4) of Defense that is not employment in a defense nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality to employment in a defense nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality; or
    - (B) from employment in the Coast Guard that is not employment in a Coast Guard nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality to employment in a Coast Guard nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality.
  - (5) The [Secretary](/usc/5/9901.md?p=2) of Defense, in consultation with the [Secretary](/usc/5/9901.md?p=2) of Homeland Security, shall prescribe regulations to carry out this subsection.
  - (6) In this subsection:
    - (A) The term “defense nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality” means a nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality of the [Department](/usc/5/10101.md?p=4) of Defense.
    - (B) The term “Coast Guard nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality” means a nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality of the Coast Guard.
    - (C) The term “nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality” means a nonappropriated [fund](/usc/5/8401.md?p=6) instrumentality described in [section 2105(c) of this title](/usc/5/2105.md?p=c).
- (i)
  - (1) In the case of an [employee](/usc/5/4701.md?p=a-2) of the [Department](/usc/5/10101.md?p=4) of Defense who is entitled to severance [pay](/usc/5/7511.md?p=a-4) under this section, the [Secretary](/usc/5/9901.md?p=2) of Defense or the [Secretary](/usc/5/9901.md?p=2) of the military [department](/usc/5/10101.md?p=4) concerned may, upon application by the [employee](/usc/5/4701.md?p=a-2), [pay](/usc/5/7511.md?p=a-4) the total amount of the severance [pay](/usc/5/7511.md?p=a-4) to the [employee](/usc/5/4701.md?p=a-2) in one lump sum.
  - (2)
    - (A) If an [employee](/usc/5/4701.md?p=a-2) paid severance [pay](/usc/5/7511.md?p=a-4) in a lump sum under this subsection is reemployed by the [Government](/usc/5/4101.md?p=3) of the [United States](/usc/5/7103.md?p=a-18) or the [government](/usc/5/4101.md?p=3) of the District of Columbia at such time that, had the [employee](/usc/5/4701.md?p=a-2) been paid severance [pay](/usc/5/7511.md?p=a-4) in regular [pay](/usc/5/7511.md?p=a-4) periods under [subsection (b)](#b), the payments of such [pay](/usc/5/7511.md?p=a-4) would have been discontinued under [subsection (d)](#d) upon such reemployment, the [employee](/usc/5/4701.md?p=a-2) shall repay to the [Department](/usc/5/10101.md?p=4) of Defense (for the military [department](/usc/5/10101.md?p=4) that formerly employed the [employee](/usc/5/4701.md?p=a-2), if applicable) an amount equal to the amount of severance [pay](/usc/5/7511.md?p=a-4) to which the [employee](/usc/5/4701.md?p=a-2) was entitled under this section that would not have been paid to the [employee](/usc/5/4701.md?p=a-2) under [subsection (d)](#d) by reason of such reemployment.
    - (B) The period of [service](/usc/5/8401.md?p=26) represented by an amount of severance [pay](/usc/5/7511.md?p=a-4) repaid by an [employee](/usc/5/4701.md?p=a-2) under [subparagraph (A)](#i-2-A) shall be considered [service](/usc/5/8401.md?p=26) for which severance [pay](/usc/5/7511.md?p=a-4) has not been received by the [employee](/usc/5/4701.md?p=a-2) under this section.
    - (C) Amounts repaid to an [agency](/usc/5/3132.md?p=a-1) under this paragraph shall be credited to the appropriation available for the [pay](/usc/5/7511.md?p=a-4) of [employees](/usc/5/4701.md?p=a-2) of the [agency](/usc/5/3132.md?p=a-1) for the fiscal year in which received. Amounts so credited shall be merged with, and shall be available for the same purposes and the same period as, the other [funds](/usc/5/8401.md?p=6) in that appropriation.
  - (3) If an [employee](/usc/5/4701.md?p=a-2) fails to repay to an [agency](/usc/5/3132.md?p=a-1) an amount required to be repaid under [paragraph (2)(A)](#i-2-A), that amount is recoverable from the [employee](/usc/5/4701.md?p=a-2) as a debt due the [United States](/usc/5/7103.md?p=a-18).
  - (4) This subsection applies with respect to severance [pay](/usc/5/7511.md?p=a-4) payable under this section for separations taking effect on or after February 10, 1996, and before October 1, 2018.
- (j)
  - (1) In the case of an [employee](/usc/5/4701.md?p=a-2) of the [Department](/usc/5/10101.md?p=4) of Energy who is entitled to severance [pay](/usc/5/7511.md?p=a-4) under this section as a result of the establishment of the National Nuclear Security [Administration](/usc/5/9801.md?p=1), the [Secretary](/usc/5/9901.md?p=2) of Energy may, upon application by the [employee](/usc/5/4701.md?p=a-2), [pay](/usc/5/7511.md?p=a-4) the total amount of the severance [pay](/usc/5/7511.md?p=a-4) to the [employee](/usc/5/4701.md?p=a-2) in one lump sum.
  - (2)
    - (A) If an [employee](/usc/5/4701.md?p=a-2) paid severance [pay](/usc/5/7511.md?p=a-4) in a lump sum under this subsection is reemployed by the [Government](/usc/5/4101.md?p=3) of the [United States](/usc/5/7103.md?p=a-18) or the [government](/usc/5/4101.md?p=3) of the District of Columbia at such time that, had the [employee](/usc/5/4701.md?p=a-2) been paid severance [pay](/usc/5/7511.md?p=a-4) in regular [pay](/usc/5/7511.md?p=a-4) periods under [subsection (b)](#b), the payments of such [pay](/usc/5/7511.md?p=a-4) would have been discontinued under [subsection (d)](#d) upon such reemployment, the [employee](/usc/5/4701.md?p=a-2) shall repay to the [Department](/usc/5/10101.md?p=4) of Energy an amount equal to the amount of severance [pay](/usc/5/7511.md?p=a-4) to which the [employee](/usc/5/4701.md?p=a-2) was entitled under this section that would not have been paid to the [employee](/usc/5/4701.md?p=a-2) under [subsection (d)](#d) by reason of such reemployment.
    - (B) The period of [service](/usc/5/8401.md?p=26) represented by an amount of severance [pay](/usc/5/7511.md?p=a-4) repaid by an [employee](/usc/5/4701.md?p=a-2) under [subparagraph (A)](#j-2-A) shall be considered [service](/usc/5/8401.md?p=26) for which severance [pay](/usc/5/7511.md?p=a-4) has not been received by the [employee](/usc/5/4701.md?p=a-2) under this section.
    - (C) Amounts repaid to the [Department](/usc/5/10101.md?p=4) of Energy under this paragraph shall be credited to the appropriation available for the [pay](/usc/5/7511.md?p=a-4) of [employees](/usc/5/4701.md?p=a-2) of the [agency](/usc/5/3132.md?p=a-1) for the fiscal year in which received. Amounts so credited shall be merged with, and shall be available for the same purposes and the same period as, the other [funds](/usc/5/8401.md?p=6) in that appropriation.
  - (3) If an [employee](/usc/5/4701.md?p=a-2) fails to repay to the [Department](/usc/5/10101.md?p=4) of Energy an amount required to be repaid under [paragraph (2)(A)](#j-2-A), that amount is recoverable from the [employee](/usc/5/4701.md?p=a-2) as a debt due the [United States](/usc/5/7103.md?p=a-18).

## Source credit

(Added Pub. L. 90–83, § 1(34)(C), Sept. 11, 1967, 81 Stat. 201; amended Pub. L. 95–454, title IV, § 408(a)(3), Oct. 13, 1978, 92 Stat. 1173; Pub. L. 96–70, title I, § 1231(d), Sept. 27, 1979, 93 Stat. 470; Pub. L. 96–465, title II, § 2305, Oct. 17, 1980, 94 Stat. 2165; Pub. L. 100–325, § 2(i)(2), May 30, 1988, 102 Stat. 582; Pub. L. 101–474, § 5(k), Oct. 30, 1990, 104 Stat. 1100; Pub. L. 101–509, title V, § 529 [title I, § 101(b)(9)(J)], Nov. 5, 1990, 104 Stat. 1427, 1442; Pub. L. 103–337, div. A, title III, § 343(a), Oct. 5, 1994, 108 Stat. 2721; Pub. L. 104–106, div. A, title X, § 1035, Feb. 10, 1996, 110 Stat. 430; Pub. L. 105–55, title III, § 310(a), Oct. 7, 1997, 111 Stat. 1199; Pub. L. 105–275, title III, §§ 308(a), 309(a), Oct. 21, 1998, 112 Stat. 2452, 2454; Pub. L. 106–31, title V, § 5006, May 21, 1999, 113 Stat. 112; Pub. L. 106–65, div. A, title XI, § 1104(a), div. C, title XXXII, § 3243, Oct. 5, 1999, 113 Stat. 777, 965; Pub. L. 107–314, div. A, title XI, § 1102(a), Dec. 2, 2002, 116 Stat. 2660; Pub. L. 109–163, div. A, title XI, § 1103, Jan. 6, 2006, 119 Stat. 3448; Pub. L. 109–241, title IX, § 902(a)(3), July 11, 2006, 120 Stat. 566; Pub. L. 110–417, [div. A], title XI, § 1104, Oct. 14, 2008, 122 Stat. 4617; Pub. L. 113–66, div. A, title XI, § 1104, Dec. 26, 2013, 127 Stat. 886; Pub. L. 113–235, div. H, title I, § 1301(b), (d), Dec. 16, 2014, 128 Stat. 2537.)

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
| 5595 | 5 App.: 1117. | Oct. 29, 1965, Pub. L. 89–301, § 9, 79 Stat. 1118.<br>Nov. 2, 1966, Pub. L. 89–737, § 2, 80 Stat. 1164. |

In subsection (a), subsections (a) and (b) of 5 App. U.S.C. 1117 are restated as definitions.

In subsection (a)(1)(A), the term “Executive agency” is substituted for “the executive branch of the Government of the United States, including each corporation wholly owned or controlled by the United States” and “the General Accounting Office” to conform to the definition in 5 U.S.C. 105.

The definition in subsection (a)(2) continues the application of the section to only civilian officers and employees, and does not encompass members of the uniformed services as they are not “employed” in or under an agency. Throughout the section, the word “officer”, in the phrase “officer or employee”, is omitted as included within “employee”. The last 40 words of 5 App. U.S.C. 1117(a) are codified in subsection (g).

In subsection (a)(2)(i), the words “Executive Schedule” are substituted for “Federal Executive Salary Schedule” to reflect the provisions of 5 U.S.C. 5311. The words “of the General Schedule of the Classification Act of 1949, as amended” are omitted as unnecessary.

In subsection (a)(2)(ii), the words “without a break in service of more than 3 days” are coextensive with and substituted for “without a break in service or after a separation of three days or less”.

In subsection (a)(2)(iv), the words “subchapter III of chapter 83 of this title” are substituted for “the Civil Service Retirement Act, as amended” to reflect the codification of the act in title 5 U.S.C. The words “employees as defined by section 2105 of this title” are coextensive with and substituted for “Federal officers and employees”.

In subsection (a)(2)(v), the words “subchapter I of chapter 81 of this title” are substituted for “the Federal Employees’ Compensation Act, as amended” to reflect the codification of the act in title 5, U.S.C.

In subsection (b) the word “agency” is substituted for “department, independent establishment, corporation, or other governmental unit” to conform to the definition in subsection (a)(1). Subsection (b)(1) is substituted for 5 App. U.S.C. 1117(e).

In subsection (e), the words “section 5582(b) of this title” are substituted for “the first section of the Act of August 3, 1950 (5 U.S.C. 61f)” to reflect the codification of the section in title 5, United States Code.

### Editorial Notes

### References in Text

The Executive Schedule, referred to in subsec. (a)(2)(i), is set out in section 5311 et seq. of this title.

Section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (a)(2)(iii), is classified to section 3602(a) of Title 22, Foreign Relations and Intercourse.

Section 609(b)(1) of the Foreign Service Act of 1980, referred to in subsec. (a)(2)(vi), is classified to section 4009(b)(1) of Title 22.

### Amendments

2013—Subsec. (i)(4). Pub. L. 113–66 substituted “October 1, 2018” for “October 1, 2014”.

2008—Subsec. (i)(4). Pub. L. 110–417 substituted “2014” for “2010”.

2006—Subsec. (h)(5). Pub. L. 109–241 substituted “Secretary of Homeland Security” for “Secretary of Transportation”.

Subsec. (i)(4). Pub. L. 109–163 substituted “2010” for “2006”.

2002—Subsec. (i)(4). Pub. L. 107–314 substituted “2006” for “2003”.

1999—Subsec. (b). Pub. L. 106–31 substituted “(a)(1)(C)” for “(a)(1)(G)” in last sentence.

Subsec. (i)(4). Pub. L. 106–65, § 1104(a), substituted “February 10, 1996, and before October 1, 2003” for “the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996 and before October 1, 1999”.

Subsec. (j). Pub. L. 106–65, § 3243, added subsec. (j).

1998—Subsec. (a)(1)(F). Pub. L. 105–275, § 308(a)(1), struck out “, but only with respect to the United States Senate Restaurants” after “Capitol”.

Subsec. (a)(2)(viii). Pub. L. 105–275, §§ 308(a)(2), 309(a)(1)(A), struck out “of the United States Senate Restaurants” after “an employee” and “or” after the semicolon.

Subsec. (a)(2)(ix), (x). Pub. L. 105–275, § 309(a)(1)(B), added cl. (ix) and redesignated former cl. (ix) as (x).

Subsec. (b). Pub. L. 105–275, § 309(a)(2), inserted at end “The Public Printer may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(G) of this section.”

1997—Subsec. (a)(1)(F). Pub. L. 105–55, § 310(a)(1), added subpar. (F).

Subsec. (a)(2)(viii), (ix). Pub. L. 105–55, § 310(a)(2), added cl. (viii) and redesignated former cl. (viii) as (ix).

Subsec. (b). Pub. L. 105–55, § 310(a)(3), inserted at end “The Architect of the Capitol may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(F) of this section.”

1996—Subsec. (i). Pub. L. 104–106 added subsec. (i).

1994—Subsec. (h). Pub. L. 103–337 added subsec. (h).

1990—Subsec. (a)(1)(E). Pub. L. 101–474, § 5(k)(1), added subpar. (E).

Subsec. (a)(2)(i). Pub. L. 101–509 substituted “employee (other” for “employee, other”, inserted “or an employee whose pay is fixed under section 5376)” before “whose rate”, and substituted “the Executive Schedule” for “GS–18”.

Subsec. (b). Pub. L. 101–474, § 5(k)(2), inserted at end “However, the Director of the Administrative Office of the United States Courts may prescribe regulations to effect the application and operation of this section to the agencies specified in subsection (a)(1)(E) of this section.”

1988—Subsec. (a)(2)(i). Pub. L. 100–325 inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service.

1980—Subsec. (a)(2)(vi). Pub. L. 96–465 inserted “benefits under section 609(b)(1) of the Foreign Service Act of 1980 or any” after “to receive”.

1979—Subsec. (a)(2)(iii). Pub. L. 96–70 substituted “areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979)” for “Canal Zone”.

1978—Subsec. (a)(2)(i). Pub. L. 95–454 inserted reference to a member of the Senior Executive Service.

### Statutory Notes and Related Subsidiaries

### Change of Name

“Government Publishing Office” substituted for “Government Printing Office” in subsec. (a)(1)(C), (2)(B)(ix) on authority of section 1301(b) of Pub. L. 113–235, set out as a note preceding section 301 of Title 44, Public Printing and Documents.

“Director of the Government Publishing Office” substituted for “Public Printer” in subsec. (b) on authority of section 1301(d) of Pub. L. 113–235, set out as a note under section 301 of Title 44, Public Printing and Documents.

### Effective Date of 1999 Amendment

Amendment by section 3243 of Pub. L. 106–65 effective Mar. 1, 2000, see section 3299 of Pub. L. 106–65, set out as an Effective Date note under section 2401 of Title 50, War and National Defense.

### Effective Date of 1994 Amendment

Pub. L. 103–337, div. A, title III, § 343(b), Oct. 5, 1994, 108 Stat. 2722, provided that: “Subsection (h) of section 5595 of title 5, United States Code, as added by subsection (a), shall apply with respect to pay periods that begin on or after the date of the enactment of this Act [Oct. 5, 1994].”

### Effective Date of 1990 Amendment

Amendment by Pub. L. 101–509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, § 305] of Pub. L. 101–509, set out as a note under section 5301 of this title.

### Effective Date of 1980 Amendment

Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.

### Effective Date of 1979 Amendment

Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Relations and Intercourse.

### Effective Date of 1978 Amendment

Amendment by Pub. L. 95–454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95–454, see section 415 of Pub. L. 95–454, set out as a note under section 3131 of this title.

### Transfer of Functions

For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.

### Report

Pub. L. 107–314, div. A, title XI, § 1102(b), Dec. 2, 2002, 116 Stat. 2660, required the President, not later than one year after Dec. 2, 2002, to submit to Committees of Congress a report on whether the authority under section 5595(i) of this title should be made permanent or expanded to be made Governmentwide.