-CITE-


    5 USC Sec. 5535                                             01/03/2007

-EXPCITE-


    TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES


    PART III - EMPLOYEES


    Subpart D - Pay and Allowances


    CHAPTER 55 - PAY ADMINISTRATION


    SUBCHAPTER IV - DUAL PAY AND DUAL EMPLOYMENT

-HEAD-


    Sec. 5535. Extra pay for details prohibited

-STATUTE-


      (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.

-SOURCE-


    (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 484.)

-MISC1-

                       HISTORICAL AND REVISION NOTES                   


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     Derivation           U.S. Code              Revised Statutes and    


                                                   Statutes at Large     


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    (a)             5 U.S.C. 9.              R.S. Sec. 182.              


    (b)             5 U.S.C. 69 (1st 34      R.S. Sec. 1764 (1st 34      


                     words).                  words).                    


                    5 U.S.C. 72.             Aug. 1, 1914, ch. 223, Sec. 


                                              12, 38 Stat. 680.          


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      Subsection (a) was part of title IV of the Revised Statutes. The


    Act of July 26, 1947, ch. 343, Sec. 201(d), as added Aug. 10, 1949,


    ch. 412, Sec. 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    but is not repealed.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.