5 U.S.C. § 5535

Extra pay for details prohibited

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(a) An officer may not receive pay in addition to the pay for his regular office for performing the duties of a vacant office as authorized by sections 3345–3347 of this title.(b) An employee may not receive—(1) additional pay or allowances for performing the duties of another employee; or(2) pay in addition to the regular pay received for employment held before his appointment or designation as acting for or instead of an occupant of another position or employment.This subsection does not prevent a regular and permanent appointment by promotion from a lower to a higher grade of employment.(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 484.)

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(a)	5 U.S.C. 9.	R.S. § 182.
(b)	5 U.S.C. 69 (1st 34 words).	R.S. § 1764 (1st 34 words).
	5 U.S.C. 72.	Aug. 1, 1914, ch. 223, § 12, 38 Stat. 680.

Subsection (a) was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides “Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense” is omitted from this title but is not repealed.

In subsection (a), the words “regular office” are coextensive with and substituted for “proper office”.

In subsection (b), former sections 69 (1st 34 words) and 72 are combined and restated for clarity and conciseness. The word “employee” is coextensive with and substituted for “officer or clerk”, “officer or clerk in the same or any other department”, and “person employed in the service of the United States”. The words “under any general or lump-sum appropriation” are omitted as unnecessary.

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

Notes of Decisions

Cited in 4 cases, 1974–2017 · leading case: Christian v. United States, 131 Fed. Cl. 134 (Fed. Cl. 2017).

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Christian v. United States, 131 Fed. Cl. 134 (Fed. Cl. 2017). “5 U.S.C. § 5535 (b). In addition, the Act also provides, under the heading “Extra Pay For Extra Services Prohibited,” that: An employee .”

Walton v. United States, 80 Fed. Cl. 251 (Fed. Cl. 2008). “6 (citing 5 U.S.C. § 5535 ; 15 U.S.C. § 3710a(b)(3)(C)).”

United States v. Lucido, 373 F. Supp. 1142 (E.D. Mich. 1974). “5 U.S.C. § 5535 (a) lends support to this proposition: (a) An officer may not receive pay in addition to the pay for his regular office for performing the duties of a vacant office as authorized by sections 3345-3347 of this title.”

Designation of Acting Solicitor of Labor (OLC 2002). “See 5 U.S.C. § 5535 (a) (2000). A recess appointee, on the other hand, is appointed by one of the methods specified in the Constitution itself, see Swan v.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.