U.S. Code » Title 5 » Part PART III— EMPLOYEES › Subpart Subpart D— Pay and Allowances › Chapter CHAPTER 55— PAY ADMINISTRATION › Subchapter SUBCHAPTER IV— DUAL PAY AND DUAL EMPLOYMENT

5 U.S.C. § 5531

Definitions

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For the purpose of section 5533 of this title—(1) “member” has the meaning given such term by section 101(23) of title 37;(2) “position” means a civilian office or position (including a temporary, part-time, or intermittent position), appointive or elective, in the legislative, executive, or judicial branch of the Government of the United States (including a Government corporation, but excluding a nonappropriated fund instrumentality under the jurisdiction of the armed forces) or in the government of the District of Columbia;(3) “retired or retainer pay” means retired pay, as defined in section 8311(3) of this title, determined without regard to subparagraphs (B) through (D) of such section 8311(3); except that such term does not include an annuity payable to an eligible beneficiary of a member or former member of a uniformed service under chapter 73 of title 10;(4) “agency in the legislative branch” means the Government Accountability Office, the Government Publishing Office, the Library of Congress, the Office of Technology Assessment, the Office of the Architect of the Capitol, the United States Botanic Garden, the Congressional Budget Office, and the United States Capitol Police;(5) “employee of the House of Representatives” means a congressional employee whose pay is disbursed by the Chief Administrative Officer of the House of Representatives;(6) “employee of the Senate” means a congressional employee whose pay is disbursed by the Secretary of the Senate; and(7) “congressional employee” has the meaning given that term by section 2107 of this title, excluding an employee of an agency in the legislative branch.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 482; Pub. L. 95–454, title III, § 308(b), Oct. 13, 1978, 92 Stat. 1150; Pub. L. 102–190, div. A, title VI, § 655(a)(2), Dec. 5, 1991, 105 Stat. 1391; Pub. L. 104–186, title II, § 215(6), Aug. 20, 1996, 110 Stat. 1745; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(f)(2)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 111–145, § 7(b)(1), Mar. 4, 2010, 124 Stat. 55; Pub. L. 113–235, div. H, title I, § 1301(b), Dec. 16, 2014, 128 Stat. 2537; Pub. L. 118–31, div. A, title XI, § 1108, Dec. 22, 2023, 137 Stat. 428.)

Historical and Revision Notes

Derivation

U.S. Code

Revised Statutes and

Statutes at Large

 

5 U.S.C. 3101 (as applicable to 5 U.S.C. 3102(a)–(e) and 3105 (less (e))).

Aug. 19, 1964, Pub. L. 88–448, § 101 (as applicable to §§ 201(a)–(e) and 301 (less (e))), 78 Stat. 484.

In paragraph (2), the defined word “position” is substituted for “civilian office.” The words “Government corporation” are substituted for “corporation owned or controlled by such Government” in view of the definition in section 103.

The definitions of “uniformed services” and “armed forces” are omitted as unnecessary in view of the definitions in section 2101.

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

Editorial NotesAmendments

2023—Par. (2). Pub. L. 118–31 substituted “Government corporation, but excluding” for “Government corporation and”.

2010—Par. (4). Pub. L. 111–145 substituted “the Congressional Budget Office, and the United States Capitol Police” for “and the Congressional Budget Office”.

2004—Par. (4). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office”.

2000—Pub. L. 106–398 substituted “section” for “sections 5532 and” in introductory provisions.

1996—Par. (5). Pub. L. 104–186 substituted “Chief Administrative Officer” for “Clerk”.

1991—Pars. (4) to (7). Pub. L. 102–190 added pars. (4) to (7).

1978—Pub. L. 95–454 substituted “ ‘member’ ” for “ ‘officer’ ” in par. (1) and added par. (3).

Statutory Notes and Related SubsidiariesChange of Name

“Government Publishing Office” substituted for “Government Printing Office” in par. (4) 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.

Effective Date of 2010 Amendment

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

Effective Date of 1978 Amendment

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

Dual Pay Requirements for Pay Periods Subsequent to Enactment of Civil Service Act of 1978

Pub. L. 95–454, title III, § 308(g), Oct. 13, 1978, 92 Stat. 1151, provided that:“(1) Except as provided in paragraph (2) of this subsection, the amendments made by this section [amending this section and section 5532 of this title] shall apply only with respect to pay periods beginning after the effective date of this Act [see Effective Date note set out under section 1101 of this title] and only with respect to members of the uniformed services who first receive retired or retainer pay (as defined in section 5531(3) of title 5, United States Code (as amended by this section)), after the effective date of this Act.“(2) Such amendments shall not apply to any individual employed in a position on the date of the enactment of this Act [Oct. 13, 1978] so long as the individual continues to hold any such position (disregarding any break in service of 3 days or less) if the individual, on that date, would have been entitled to retired or retainer pay but for the fact the individual does not satisfy any applicable age requirement.“(3) The provisions of section 5532 of title 5, United States Code, as in effect immediately before the effective date of this Act, shall apply with respect to any retired officer of a regular component of the uniformed services who is receiving retired pay on or before such date, or any individual to whom paragraph (2) applies, in the same manner and to the same extent as if the preceding subsections of this section had not been enacted.”

Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1975–2024 · leading case: John M. Denkler v. The United States, 782 F.2d 1003 (Fed. Cir. 1986).
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John M. Denkler v. The United States, 782 F.2d 1003 (Fed. Cir. 1986). · cites it 2× “16, 1983), had determined that as a matter of law the Dual Compensation Act, 5 U.S.C. § 5531 and ff. as reenacted in 1964, required that the annuities otherwise due these officers must be reduced according to the statutory formula on account of their civilian employment.”
Ains, Inc. v. United States, 56 Fed. Cl. 522 (Fed. Cl. 2002). “The appellee United States and the General Accounting Office (“GAO”) had determined that the Dual Compensation Act, 5 U.S.C. § 5531 , required that the annuities owed these retired officers be reduced (to the degree required by a statutory formula) due to their civilian…”
In Re the Marriage of Gaddis, 957 P.2d 1010 (Ariz. Ct. App. 1997). “As noted earlier, the Dual Compensation Act, 5 U.S.C. §§ 5531 to 5537, also reduces the retirement pay of an officer who obtains civil service employment with the federal government.”
Knoop v. Knoop, 542 N.W.2d 114 (N.D. 1996). “Under the Dual Compensation Act, 5 U.S.C.S. § 5531 et seq., Walter was required to waive $844.”
Hopkins v. United States, 206 Ct. Cl. 303 (Ct. Cl. 1975). “Similarly, AAFES employees are governed by the dual compensation provision of 5 U.S.C. § 5531 (1970). Where AAFES employees are not to be considered federal employees, Congress has directly and unambiguously so provided.”
Denkler v. United States, 9 Cl. Ct. 654 (Ct. Cl. 1986). · cites it 3× “5 U.S.C. § 5531 (2) provides: (2) “position” means a civilian office or position (including a temporary, part-time, or intermittent position), appointive or elective, in the legislative, executive, or judicial branch of the Government of the United States (including a Government…”
McCarty v. McCarty, 453 U.S. 210 (1981). · cites it 2× “Const., Art. I, § 9, cl. 8, but see Pub. L.”
Nat'l Med. Enter., Inc. v. Shalala, 43 F.3d 691 (D.C. Cir. 1995). “, and therefore should have been published in conformance with the rule-making requirements of the Administrative Procedure Act, 5 U.S.C. § 5531 See Joseph v. United States Civil Serv.”
Auth. to Permit Part-Time Employees to Work Regularly Scheduled Workweeks of 33 to 39 Hours (OLC 2015). · cites it 2× “§§ 101(3), 301(a) (codified as amended at 5 U.S.C. §§ 5531 (a)(2), 5533(a)); see S.”
Permitting Part-Time Employees to Work Regularly Scheduled Weeks of 33 to 39 Hours (OLC 2015). · cites it 2× “§§ 101(3), 301(a) (codified as amended at 5 U.S.C. §§ 5531 (a)(2), 5533(a)); see S.”
Rufus v. Georgia (M.D. Ga. 2023). “As best as the Court can tell, Petitioner is suggesting that the judges in this case must recuse themselves because they have received unlawful payments that violate the “dual employment and dual payment provisions of 5 U.S.C. §§ 5531 and 5533” and therefore have a financial…”
Rufus v. Baldwin Cnty.,georgia (M.D. Ga. 2024). “2 2 Rufus also mentions his belief that the undersigned has a financial interest in this case.”
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