but does not include-
is entitled to be paid severance pay in regular pay periods by the agency from which separated. However, the Director of the Administrative Office of the United States Courts may prescribe regulations to effect the application and operation of this section to the agencies specified in subsection (a)(1)(E) of this section. The Architect of the Capitol may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(F) of this section. The Director of the Government Publishing Office may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(C) of this section.
Total severance pay under this section may not exceed 1 year's pay at the rate received immediately before separation. For the purpose of this subsection, "basic pay" includes premium pay under section 5545(c)(1) of this title.
5 U.S.C. § 5595
HISTORICAL AND REVISION NOTE | ||
Section of title 5 | Source (U.S. Code) | Source (Statutes at Large) |
5595 | 5 App.: 1117. | Oct. 29, 1965, Pub. L. 89-301, §9, 79 Stat. 1118.Nov. 2, 1966, Pub. L. 89-737, §2, 80 Stat. 1164. |
EDITORIAL NOTES
REFERENCES IN TEXTThe Executive Schedule, referred to in subsec. (a)(2)(i), is set out in section 5311 et seq. of this title.Section 3(a) of the Panama Canal Act of 1979, referred to in subsec. (a)(2)(iii), is classified to section 3602(a) of Title 22, Foreign Relations and Intercourse.Section 609(b)(1) of the Foreign Service Act of 1980, referred to in subsec. (a)(2)(vi), is classified to section 4009(b)(1) of Title 22.
AMENDMENTS2013-Subsec. (i)(4). Pub. L. 113-66 substituted "October 1, 2018" for "October 1, 2014".2008-Subsec. (i)(4). Pub. L. 110-417 substituted "2014" for "2010". 2006-Subsec. (h)(5). Pub. L. 109-241 substituted "Secretary of Homeland Security" for "Secretary of Transportation". Subsec. (i)(4). Pub. L. 109-163 substituted "2010" for "2006".2002-Subsec. (i)(4). Pub. L. 107-314 substituted "2006" for "2003".1999-Subsec. (b). Pub. L. 106-31 substituted "(a)(1)(C)" for "(a)(1)(G)" in last sentence.Subsec. (i)(4). Pub. L. 106-65, §1104(a), substituted "February 10, 1996, and before October 1, 2003" for "the date of the enactment of the National Defense Authorization Act for Fiscal Year 1996 and before October 1, 1999".Subsec. (j). Pub. L. 106-65, §3243, added subsec. (j).1998-Subsec. (a)(1)(F). Pub. L. 105-275, §308(a)(1), struck out ", but only with respect to the United States Senate Restaurants" after "Capitol". Subsec. (a)(2)(viii). Pub. L. 105-275, §§308(a)(2), 309 (a)(1)(A), struck out "of the United States Senate Restaurants" after "an employee" and "or" after the semicolon.Subsec. (a)(2)(ix), (x). Pub. L. 105-275, §309(a)(1)(B), added cl. (ix) and redesignated former cl. (ix) as (x).Subsec. (b). Pub. L. 105-275, §309(a)(2), inserted at end "The Public Printer may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(G) of this section." 1997-Subsec. (a)(1)(F). Pub. L. 105-55, §310(a)(1), added subpar. (F).Subsec. (a)(2)(viii), (ix). Pub. L. 105-55, §310(a)(2), added cl. (viii) and redesignated former cl. (viii) as (ix).Subsec. (b). Pub. L. 105-55, §310(a)(3), inserted at end "The Architect of the Capitol may prescribe regulations to effect the application and operation of this section to the agency specified in subsection (a)(1)(F) of this section." 1996-Subsec. (i). Pub. L. 104-106 added subsec. (i).1994-Subsec. (h). Pub. L. 103-337 added subsec. (h). 1990-Subsec. (a)(1)(E). Pub. L. 101-474, §5(k)(1), added subpar. (E).Subsec. (a)(2)(i). Pub. L. 101-509 substituted "employee (other" for "employee, other", inserted "or an employee whose pay is fixed under section 5376)" before "whose rate", and substituted "the Executive Schedule" for "GS-18".Subsec. (b). Pub. L. 101-474, §5(k)(2), inserted at end "However, the Director of the Administrative Office of the United States Courts may prescribe regulations to effect the application and operation of this section to the agencies specified in subsection (a)(1)(E) of this section." 1988-Subsec. (a)(2)(i). Pub. L. 100-325 inserted reference to Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service. 1980-Subsec. (a)(2)(vi). Pub. L. 96-465 inserted "benefits under section 609(b)(1) of the Foreign Service Act of 1980 or any" after "to receive".1979-Subsec. (a)(2)(iii). Pub. L. 96-70 substituted "areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements (as described in section 3(a) of the Panama Canal Act of 1979)" for "Canal Zone".1978-Subsec. (a)(2)(i). Pub. L. 95-454 inserted reference to a member of the Senior Executive Service.
STATUTORY NOTES AND RELATED SUBSIDIARIES
CHANGE OF NAME"Government Publishing Office" substituted for "Government Printing Office" in subsec. (a)(1)(C), (2)(B)(ix) 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."Director of the Government Publishing Office" substituted for "Public Printer" in subsec. (b) on authority of section 1301(d) of Pub. L. 113-235, set out as a note under section 301 of Title 44, Public Printing and Documents.
EFFECTIVE DATE OF 1999 AMENDMENT Amendment by section 3243 of Pub. L. 106-65 effective Mar. 1, 2000, see section 3299 of Pub. L. 106-65, set out as an Effective Date note under section 2401 of Title 50, War and National Defense.
EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103-337, §343, 108 Stat. 2722, provided that: "Subsection (h) of section 5595 of title 5, United States Code, as added by subsection (a), shall apply with respect to pay periods that begin on or after the date of the enactment of this Act [Oct. 5, 1994]."
EFFECTIVE DATE OF 1990 AMENDMENT Amendment by Pub. L. 101-509 effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section 529 [title III, §305] of Pub. L. 101-509, set out as a note under section 5301 of this title.
EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96-465, set out as an Effective Date note under section 3901 of Title 22, Foreign Relations and Intercourse.
EFFECTIVE DATE OF 1979 AMENDMENT Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304 of Pub. 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. 95-454 effective 9 months after Oct. 13, 1978, and congressional review of provisions of sections 401 through 412 of Pub. L. 95-454, see section 415 of Pub. L. 95-454, set out as a note under section 3131 of this title.
TRANSFER OF FUNCTIONSFor 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.
REPORT Pub. L. 107-314, §1102, 116 Stat. 2660, required the President, not later than one year after Dec. 2, 2002, to submit to Committees of Congress a report on whether the authority under section 5595(i) of this title should be made permanent or expanded to be made Governmentwide.
- Member
- The term "Member" means a Senator in, a Representative in, or a Delegate or Resident Commissioner to, the Congress.