Home » United States » 5 U.S. Code § 5561: Definitions

5 U.S. Code § 5561: Definitions

5 U.S. Code § 5561

5.U.S. Code § 5561 is about Definitions. It is under Part 3 (Employees) Subpart D (Pay and Allowances) Subchapter 7 (Payments To Missing Employees) Chapter 55 (Pay Administration) of Title 5 (Government Organizations and Employees) of the Code.

For the purpose of this subchapter—


(1)“agency” means an Executive agency and a military department;


(2)“employee” means an employee in or under an agency who is a citizen or national of the United States or an alien admitted to the United States for permanent residence, but does not include a part-time or intermittent employee or native labor casually hired on an hourly or daily basis. However, such an employee who enters a status listed in paragraph (5)(A)–(E) of this section—
(A)inside the continental United States; or
(B)who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or in a foreign country and who was not living there solely as a result of his employment;
is an employee for the purpose of this subchapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agency;


(3)“dependent” means—
(A)a wife;
(B)an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age;
(C)a dependent mother or father;
(D)a dependent designated in official rec­ords; and
(E)an individual determined to be dependent by the head of the agency concerned or his designee;


(4)“active service” means active Federal service by an employee;


(5)“missing status” means the status of an employee who is in active service and is officially carried or determined to be absent in a status of—
(A)missing;
(B)missing in action;
(C)interned in a foreign country;
(D)captured, beleaguered, or besieged by a hostile force; or
(E)detained in a foreign country against his will;
but does not include the status of an employee for a period during which he is officially determined to be absent from his post of duty without authority; and
(6)“pay and allowances” means—
(A)basic pay;
(B)special pay;
(C)incentive pay;
(D)basic allowance for housing;
(E)basic allowance for subsistence; and
(F)station per diem allowances for not more than 90 days.

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