5 USC § 5533 - Dual pay from more than one position; limitations; exceptions

(a) Except as provided by subsections (b), (c), and (d) of this section, an individual is not entitled to receive basic pay from more than one position for more than an aggregate of 40 hours of work in one calendar week (Sunday through Saturday).

(b) Except as otherwise provided by subsection (c) of this section, the Office of Personnel Management, subject to the supervision and control of the President, may prescribe regulations under which exceptions may be made to the restrictions in subsection (a) of this section when appropriate authority determines that the exceptions are warranted because personal services otherwise cannot be readily obtained.

(c)

(1) Unless otherwise authorized by law and except as otherwise provided by paragraph (2) or (4) of this subsection, appropriated funds are not available for payment to an individual of pay from more than one position if the pay of one of the positions is paid by the Secretary of the Senate, the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police, or one of the positions is under the Office of the Architect of the Capitol, and if the aggregate gross pay from the positions exceeds $7,724 a year ($10,540, in the case of pay disbursed by the Secretary of the Senate).

(2) Notwithstanding paragraph (1) of this subsection, appropriated funds are not available for payment to an individual of pay from more than one position, for each of which the pay is disbursed by the Chief Administrative Officer of the House of Representatives or the Chief of the Capitol Police, if the aggregate gross pay from those positions exceeds the maximum per annum gross rate of pay authorized to be paid to an employee out of the clerk hire allowance of a Member of the House.

(3) For the purposes of this subsection, “gross pay” means the annual rate of pay (or equivalent thereof in the case of an individual paid on other than an annual basis) received by an individual.

(4) Paragraph (1) of this subsection does not apply to pay on a when-actually-employed basis received from more than one consultant or expert position if the pay is not received for the same day.

(d) Subsection (a) of this section does not apply to—

(1) pay on a when-actually-employed basis received from more than one consultant or expert position if the pay is not received for the same hours of the same day;

(2) pay consisting of fees paid on other than a time basis;

(3) pay received by a teacher of the public schools of the District of Columbia for employment in a position during the summer vacation period;

(4) pay paid by the Tennessee Valley Authority to an employee performing part-time or intermittent work in addition to his normal duties when the Authority considers it to be in the interest of efficiency and economy;

(5) pay received by an individual holding a position—

(A) the pay of which is paid by the Secretary of the Senate, the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police; or

(B) under the Architect of the Capitol;

(6) pay paid by the United States Coast Guard to an employee occupying a part-time position of lamplighter; and

(7) pay within the purview of any of the following statutes:

(A) section 162 of title 2;

(B) section 23 (b) of title 13;

(C) section 327 of title 15;

(D) section 907 of title 20;

(E) section 873 of title 33; or

(F) section 631 or 631a of title 31, District of Columbia Code.

[(G) Repealed. Pub. L. 96–70, title III, § 3302(e)(8),Sept. 27, 1979, 93 Stat. 498.]

(e)

(1) This section does not apply to an individual employed under sections 174j–1 to 174j–7 or 174k  ^[1] of title 40.

(2) Subsection (c) of this section does not apply to pay received by a teacher of the public schools of the District of Columbia for employment in a position during the summer vacation period.

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[1]  See References in Text note below.

Source

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 483; Pub. L. 90–57, § 105(h),July 28, 1967, 81 Stat. 143; Pub. L. 90–206, title II, § 214(o), Dec. 16, 1967. 81 Stat. 637; Pub. L. 91–510, title IV, § 477(d),Oct. 26, 1970, 84 Stat. 1195; Pub. L. 93–140, § 23,Oct. 26, 1973, 87 Stat. 508; Pub. L. 93–145, § 101,Nov. 1, 1973, 87 Stat. 532; Pub. L. 94–183, § 2(21),Dec. 31, 1975, 89 Stat. 1058; Pub. L. 94–440, title I, § 103,Oct. 1, 1976, 90 Stat. 1443; Pub. L. 95–454, title IX, § 906(a)(2),Oct. 13, 1978, 92 Stat. 1224; Pub. L. 96–70, title III, § 3302(e)(8),Sept. 27, 1979, 93 Stat. 498; Pub. L. 104–186, title II, § 215(7),Aug. 20, 1996, 110 Stat. 1745; Pub. L. 111–145, § 7(b)(2),Mar. 4, 2010, 124 Stat. 55.)

Historical and Revision Notes

Derivation	U.S. Code	Revised Statutes and Statutes at Large
	5 U.S.C. 3105 (less (e)).	Aug. 19, 1964, Pub. L. 88–448, § 301 (less (e)), 78 Stat. 488.

In subsection (a), the words “an individual” are substituted for “civilian personnel”.

In subsection (b), the words “and issue” are omitted as surplusage.

In subsection (c), the words “appropriated funds are not” are substituted for “no funds appropriated by any Act shall be”. The words “$2,000 a year” are substituted for “the sum of $2,000 per annum”.

In subsection (d)(7)(D), reference to “section 907 of title 20” is substituted for 5 U.S.C. 3105 (d)(7)(F) to reflect the scheduled transfer of 5 U.S.C. 2358(b) to title 20.

In subsection (d)(7)(H), the words “of chapter 7” are omitted as surplusage.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.

References in Text

Sections 174j–1, 174j–3, 174j–4, 174j–5, 174j–6, 174j–7, and 174k of title 40, referred to in subsec. (e)(1), were transferred to sections 2042, 2043, 2044, 2045, 2046, 2047, and 2041, respectively, of Title 2, The Congress. Section 174j–2 of title 40 was repealed by Pub. L. 107–217, § 6(b),Aug. 21, 2002, 116 Stat. 1304.

Amendments

2010—Subsec. (c)(1). Pub. L. 111–145, § 7(b)(2)(A)(i), substituted “, the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police” for “or the Chief Administrative Officer of the House of Representatives”.

Subsec. (c)(2). Pub. L. 111–145, § 7(b)(2)(A)(ii), inserted “or the Chief of the Capitol Police” after “House of Representatives”.

Subsec. (d)(5)(A). Pub. L. 111–145, § 7(b)(2)(B), substituted “, the Chief Administrative Officer of the House of Representatives, or the Chief of the Capitol Police” for “or the Chief Administrative Officer of the House of Representatives”.

1996—Subsecs. (c)(1), (2), (d)(5)(A). Pub. L. 104–186substituted “Chief Administrative Officer” for “Clerk”.

1979—Subsec. (d)(7). Pub. L. 96–70struck out subpar. (G) which made reference to section 102 of title 2, Canal Zone Code.

1978—Subsec. (b). Pub. L. 95–454substituted “Office of Personnel Management” for “Civil Service Commission”.

1976—Subsec. (c)(1). Pub. L. 94–440inserted “($10,540, in the case of pay disbursed by the Secretary of the Senate)” after “exceeds $7,724 a year”.

1975—Subsec. (d)(7). Pub. L. 94–183struck out subpar. (F) relating to section 3335 (a) or (c) of title 39, and redesignated subpars. (G) and (H) as (F) and (G), respectively.

1973—Subsec. (c)(1), (4). Pub. L. 93–145inserted reference to par. (4) in par. (1) and added par. (4).

Subsec. (e). Pub. L. 93–140designated existing provisions as par. (1) and added par. (2).

1970—Subsec. (c)(1). Pub. L. 91–510inserted “and except as otherwise provided by paragraph (2) of this section” after “authorized by law” and substituted “if the aggregate gross pay from the positions exceeds $7,724 a year” for “if—

“(A) the pay of one or more of the positions is fixed at a single gross per annum rate, and the aggregate gross pay from the positions exceeds $6,256 a year, or

“(B) the pay of each such position is fixed at a basic rate plus additional compensation authorized by law, and the aggregate basic pay of the positions exceeds $2,000 a year”.

Subsec. (c)(2). Pub. L. 91–510substituted provision making appropriated funds unavailable for payment to an individual of pay from more than one position, for each of which pay is disbursed by the Clerk of the House, if the aggregate gross pay from those positions exceeds the maximum per annum gross rate of pay authorized to be paid to an employee out of clerk hire allowance of a Member of the House for definition of “gross pay”, now incorporated in cl. (3).

Subsec. (c)(3). Pub. L. 91–510redesignated former cl. (2) as (3) and deleted provision which included in gross pay of an individual receiving basic pay plus additional compensation provided by law the aggregate amount received as basic and additional compensation, but excluded sums received as premium pay under subchapter V of this chapter.

1967—Subsec. (c). Pub. L. 90–206provided for an increase in the aggregate gross pay allowed to certain specified congressional employees on two payrolls as dual office compensation.

Pub. L. 90–57designated existing dual pay limitation provisions relating to basic compensation as par. (1), redesignated cls. (1) and (2) as (A) and (B), eliminated from cl. (A) provision for pay for one of the positions by the Secretary of the Senate and restricted such cl. (A) to payments in case of employees receiving basic rates of compensation and added par. (2) dual pay limitations applicable to aggregate gross compensation of employees receiving single per annum rates of compensation.

Effective Date of 2010 Amendment

Amendment by Pub. L. 111–145effective as though enacted as part of section 1018 ofPub. L. 108–7, see section 7(d) ofPub. L. 111–145, set out as a note under section 2107 of this title.

Effective Date of 1979 Amendment

Amendment by Pub. L. 96–70effective Oct. 1, 1979, see section 3304 ofPub. 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. 95–454effective 90 days after Oct. 13, 1978, see section 907 ofPub. L. 95–454, set out as a note under section 1101 of this title.

Effective Date of 1970 Amendment

Amendment by Pub. L. 91–510effective immediately prior to noon on Jan. 3, 1971, see section 601(1) ofPub. L. 91–510, set out as a note under section 72a of Title 2, The Congress.

Effective Date of 1967 Amendments

Amendment by Pub. L. 90–206effective at beginning of first pay period which begins on or after Dec. 16, 1967, see section 220(a)(3) ofPub. L. 90–206, set out as a note under section 603 of Title 28, Judiciary and Judicial Procedure.

Amendment by Pub. L. 90–57, effective Aug. 1, 1967, see section 105(k) ofPub. L. 90–57, set out as an Effective Date note under section 61–1 of Title 2, The Congress.

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.

Increase in Compensation of Individuals Whose Pay is Disbursed by Secretary of Senate

2010—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2010, to the figure “$33,003”, see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 5, 2010, set out as a note under section 60a–1 of Title 2, The Congress.

2009—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2009, to the figure “$32,515”, see section 9 of Salary Directive of President pro tempore of the Senate, Mar. 12, 2009, set out as a note under section 60a–1 of Title 2, The Congress.

2008—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2008, to the figure “$31,906”, see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 7, 2008, set out as a note under section 60a–1 of Title 2, The Congress.

2007—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2007, to the figure “$30,827”, see section 9 of Salary Directive of President pro tempore of the Senate, Feb. 16, 2007, formerly set out as a note under section 60a–1 of Title 2.

2006—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2006, to the figure “$29,905”, see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 4, 2006, formerly set out as a note under section 60a–1 of Title 2.

2005—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2005, to the figure “$29,289”, see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 3, 2005, formerly set out as a note under section 60a–1 of Title 2.

2004—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2004, to the figure “$28,574”, see section 9 of Salary Directive of President pro tempore of the Senate, Mar. 5, 2004, formerly set out as a note under section 60a–1 of Title 2.

2003—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2003, to the figure “$27,822”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 19, 2002, as amended, formerly set out as a note under section 60a–1 of Title 2.

2002—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2002, to the figure “$26,985”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 20, 2001, formerly set out as a note under section 60a–1 of Title 2.

2001—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2001, to the figure “$26,329”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 20, 2000, formerly set out as a note under section 60a–1 of Title 2.

2000—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 2000, to the figure “$25,362”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 12, 1999, formerly set out as a note under section 60a–1 of Title 2.

1999—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1999, to the figure “$24,433”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 16, 1998, formerly set out as a note under section 60a–1 of Title 2.

1998—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1998, to the figure “$23,698”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 19, 1997, formerly set out as a note under section 60a–1 of Title 2.

1997—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1997, to the figure “$23,165”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 18, 1996, formerly set out as a note under section 60a–1 of Title 2.

1995—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1995, to the figure “$22,200”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 28, 1994, formerly set out as a note under section 60a–1 of Title 2.

1993—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1993, to the figure “$21,764”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 17, 1992, formerly set out as a note under section 60a–1 of Title 2.

1992—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1992, to the figure “$20,987”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 18, 1991, formerly set out as a note under section 60a–1 of Title 2.

1991—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1991, to the figure “$20,141”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 20, 1990, formerly set out as a note under section 60a–1 of Title 2.

1990—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1990, to the figure “$19,347”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 21, 1989, formerly set out as a note under section 60a–1 of Title 2.

1989—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1989, to the figure “$18,674”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 9, 1988, formerly set out as a note under section 60a–1 of Title 2.

1988—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1988, to the figure “$17,938”, see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 4, 1988, formerly set out as a note under section 60a–1 of Title 2.

1987—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1987, to the figure “$17,586”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 19, 1986, formerly set out as a note under section 60a–1 of Title 2.

1985—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1985, to the figure “$17,073”, see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 4, 1985, formerly set out as a note under section 60a–1 of Title 2.

1984—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Jan. 1, 1984, to the figure “$16,495”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 20, 1983, formerly set out as a note under section 60a–1 of Title 2.

1982—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1982, to the figure “$15,860”, see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 1, 1982, formerly set out as a note under section 60a–1 of Title 2.

1980—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1980, to the figure “$14,551”, see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 1, 1980, formerly set out as a note under section 60a–1 of Title 2.

1979—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1979, to the figure “$13,337”, see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 13, 1979, formerly set out as a note under section 60a–1 of Title 2.

1978—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1978, to the figure “$12,480”, see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 9, 1978, formerly set out as a note under section 60a–1 of Title 2.

1977—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1977, to the figure “$11,830”, see section 9 of Salary Directive of President pro tempore of the Senate, Sept. 27, 1977, formerly set out as a note under section 60a–1 of Title 2.

1976—The figure “$10,540” in subsec. (c)(1) of this section to be deemed to refer, effective Oct. 1, 1976, to the figure “$11,050”, see section 9 of Salary Directive of President pro tempore of the Senate, Oct. 8, 1976, formerly set out as a note under section 60a–1 of Title 2.

1973—The figure “7,724” in subsection (c)(1) of this section, deemed to refer, effective Jan. 1, 1973, to the figure “9,080”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 16, 1972, formerly set out as a note under section 60a–1 of Title 2.

1972—The figure “7,724” in subsection (c)(1) of this section, deemed to refer, effective Jan. 1, 1972, to the figure “8,637”, see section 9 of Salary Directive of President pro tempore of the Senate, Dec. 23, 1971, formerly set out as a note under section 60a–1 of Title 2.

1971—The figure “7,724” in subsection (c)(1) of this section, deemed to refer, effective Feb. 1, 1971, to the figure “8,187”, see section 9 of Salary Directive of President pro tempore of the Senate, Jan. 15, 1971, formerly set out as a note under section 60a–1 of Title 2.

1970—Adjustment by President pro tempore of the Senate with respect to Senate, by Finance Clerk of House with respect to House of Representatives, and by Architect of Capitol with respect to Office of Architect of Capitol, effective on the first day of the first pay period which begins on or after Dec. 27, 1969, of rates of pay of employees of legislative branch subject to section 214 ofPub. L. 90–206with certain exceptions, by amounts of adjustment for corresponding rates for employees subject to the General Schedule, set out in section 5332 of this title, which had been made by section 2 ofPub. L. 91–231raising such rates by 6 percent, see Pub. L. 91–231, formerly set out as a note under section 5332 of this title.

1969—The figure “6,662” in subsection (c)(1)(A) of this section, as increased by Order of June 12, 1968, deemed, on and after July 1, 1969, to refer to the figure “7,287”, see section 4(d) of Salary Directive of President pro tempore of the Senate, June 17, 1969, formerly set out as a note under section 60a–1 of Title 2.

1968—The figure “6,256” in subsection (c)(1)(A) of this section deemed to refer, on and after July 1, 1968, to the figure “6,622”, see section 1(i) of Salary Directive of President pro tempore of the Senate, June 12, 1968, formerly set out as a note under section 60a–1 of Title 2.