5 U.S.C. § 5534a
Dual employment and pay during terminal leave from uniformed services
A member of a uniformed service who has performed active service and who is on terminal leave pending separation from, or release from active duty in, that service under honorable conditions may accept a civilian office or position in the Government of the United States, its territories or possessions, or the government of the District of Columbia, and he is entitled to receive the pay of that office or position in addition to pay and allowances from the uniformed service for the unexpired portion of the terminal leave. Such a member also is entitled to accrue annual leave with pay in the manner specified in section 6303(a) of this title for a retired member of a uniformed service.
Notes of Decisions
Cited in 5
cases, 2007–2018 · leading case: Miller v. Off. of Pers. Mgmt., 903 F.3d 1274 (Fed. Cir. 2018).
Miller v. Off. of Pers. Mgmt., 903 F.3d 1274 (Fed. Cir. 2018). “However, pursuant to 5 U.S.C. § 5534a, a service member on terminal leave pending retirement from active duty service may accept civilian employment and receive both civilian and military pay.”
Murray v. Nat'l Aeronautics & Space Admin., 387 F. App'x 955 (Fed. Cir. 2010). “Specifically, he argues that Congress’s 2006 amendment to 5 U.S.C. § 5534a, which equated military personnel on terminal leave with military retirees for purposes of determining the accrual of paid leave, applies only prospectively, and that OLC’s interpretation “effectively…”
Whether a Military Officer May Continue on Terminal Leave After He Is Appointed to a Fed. Civilian Position Covered by 10 U.S.C. § 973(b)(2)(A) (OLC 2016). “In brief, section 973(b)(2)(A) provides that an active duty military officer may hold a covered position if doing so is “otherwise authorized by law,” and another statute, 5 U.S.C. § 5534a, specifically permits “[a] member of a uniformed service” on “terminal leave” to accept “a…”
Continuation of Terminal Leave for Military Officer Appointed to Fed. Civilian Position (OLC 2016). “In brief, section 973(b)(2)(A) provides that an active duty military officer may hold a covered position if doing so is “otherwise authorized by law,” and another statute, 5 U.S.C. § 5534a, specifically permits “[a] member of a uniformed service” on “terminal leave” to accept “a…”
Rate of Accrual of Annual Leave by a Civilian Emp. Appointed While on Terminal Leave Pending Ret. From One of the Uniformed Servs. (OLC 2007). “” 5 U.S.C. § 5534a (2000). You have asked us whether a member of a uniformed service who is appointed to a civilian position while on terminal leave pending retirement is entitled to credit for his years of active military service for the purpose of determining the rate at which…”
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