### §5562. Pay and allowances; continuance while in a missing status; limitations

(a) An employee in a missing status is entitled to receive or have credited to his account, for the period he is in that status, the same pay and allowances to which he was entitled at the beginning of that period or may become entitled thereafter. Notwithstanding any other provision of law, an employee in a missing status on or after January 1, 1965, is entitled—

(1) to payment for annual leave which accrued to his account on or after January 1, 1965, but which was forfeited under section 6304 of this title because he was unable to use that leave by virtue of his missing status; or

(2) to have all of that leave restored to him and credited to a separate leave account in accordance with the provisions of section 6304(d)(2) of this title.

An employee shall elect in writing, within 90 days immediately following December 14, 1973, or within 90 days immediately following the termination of his missing status, whichever is later, whether he desires payment for the leave under clause (1) of this subsection or credit of the leave under clause (2) of this subsection. Payment under clause (1) of this subsection shall be at the employee's rate of basic pay in effect at the time the leave was forfeited.

(b) Entitlement to pay and allowances under subsection (a) of this section ends on the date of—

(1) receipt by the head of the agency concerned of evidence that the employee is dead; or

(2) death prescribed or determined under section 5565 of this title.

That entitlement does not end—

(A) on the expiration of the term of service or employment of an employee while he is in a missing status; or

(B) earlier than the dates prescribed in paragraphs (1) and (2) of this subsection if the employee dies while he is in a missing status.

(c) An employee who is officially determined to be absent from his post of duty without authority is indebted to the United States for payments of amounts credited to his account under subsection (a) of this section for the period of that absence.

(d) When an employee in a missing status is continued in that status under section 5565 of this title, he continues to be entitled to have pay and allowances credited under subsection (a) of this section.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 490; Pub. L. 93–181, §7(a), Dec. 14, 1973, 87 Stat. 707; Pub. L. 96–54, §2(a)(33), Aug. 14, 1979, 93 Stat. 383.)

| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
| --- | --- | --- |
| (a) | 50A U.S.C. 1002(a) (1st sentence, less last 46 words). | Mar. 7, 1942, ch. 166, §2(a) (1st 2 sentences and 3d sentence, less 1st 28 words); addedJuly 1, 1944, ch. 371, §2, 58 Stat. 679. |
| | | Apr. 4, 1953, ch. 17, §1(a), 67 Stat. 21. |
| | | Aug. 29, 1957, Pub. L. 85–217, §1(b), 71 Stat. 491. |
| | | Aug. 14, 1964, Pub. L. 88–428, §1(3)(A), (B), 78 Stat. 437. |
| | 50A U.S.C. 1014 (as applicable to §1002(a) (1st sentence)). | Mar. 7, 1942, ch. 166, §14 (as applicable to §2(a) (1st sentence)), 56 Stat. 147.Apr. 4, 1953, ch. 17, §1(e), 67 Stat. 21. |
| (b) | 50A U.S.C. 1002(a) (last 46 words of 1st sentence, and 2d sentence). | |
| (c) | 50A U.S.C. 1002(a) (3d sentence, less 1st 28 words). | |
| (d) | 50A U.S.C. 1006 (2d sentence, as applicable to pay and allowances). | Mar. 7, 1942, ch. 166, §6 (2d sentence, as applicable to pay and allowances); addedDec. 24, 1942, ch. 828, §1 (4th par.), 56 Stat. 1093.Aug. 14, 1964, Pub. L. 88–428, §1(5)(B), 78 Stat. 437. |

Statutes at Large

July 1, 1944, ch. 371, §2, 58 Stat. 679.

Apr. 4, 1953, ch. 17, §1(e), 67 Stat. 21.

Dec. 24, 1942, ch. 828, §1 (4th par.), 56 Stat. 1093.

Aug. 14, 1964, Pub. L. 88–428, §1(5)(B), 78 Stat. 437.

Only that portion of the source law which is applicable to civilian officers and employees and their dependents is codified in this section.

In subsection (a), the words "An employee in a missing status" are substituted for the first 66 words of 50A U.S.C. 1002(a) to conform to the definitions in section 5561(2) and (5). The words "pay and allowances" are substituted for the enumeration of pay and allowances in the first sentence of 50A U.S.C. 1002(a) to conform to the definition in sections 5561(6). The words "or is performing full-time training duty, other full-time duty, or inactive duty training" and "except that the pay and allowances for a person who is performing full-time training duty or other full-time duty without pay, or inactive duty training with or without pay, shall be that to which he would have been entitled if he had been performing full-time active duty with pay;" are omitted as inapplicable to civilian officers and employees.

In subsection (b), the words "under subsection (a) of this section" are inserted for clarity.

In subsection (c), the words "United States" are substituted for "Government" to conform to the style of this title. The words "under subsection (a) of this section" are inserted for clarity.

In subsection (d), the words "an employee in a missing status" are substituted for "a person missing under the conditions specified in section 2 of this Act" to conform to the definitions in section 5561(2) and (5).

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 Notes**

#### Amendments

1979—Subsec. (a). Pub. L. 96–54 substituted "December 14, 1973," for "the date of enactment of this sentence".

1973—Subsec. (a). Pub. L. 93–181 inserted provisions relating to employees in missing status on or after January 1, 1965.

#### **Statutory Notes and Related Subsidiaries**

#### Effective Date of 1979 Amendment

Amendment by Pub. L. 96–54 effective July 12, 1979, see section 2(b) of Pub. L. 96–54, set out as a note under section 305 of this title.

#### Former Employees or Their Beneficiaries

Pub. L. 93–181, §7(b), Dec. 14, 1973, 87 Stat. 707, provided that: "The amendment made by subsection (a) of this section [amending subsec. (a) of this section] shall apply to former employees or their beneficiaries."