5 U.S.C. § 502
Section 502 · Administrative practice; Reserves and National Guardsmen
Amended 1 time on record
Applied in 15 court decisions — leading case Morgan v. United States Postal Service (1986)
Most recently applied in 197 F. Supp. 3d 16 - Lewis v. Pension Benefit Guaranty Corporation (July 2016)
How often courts cite this section
Court decisions citing this, by year.Markers show enactment, consequential amendments, and circuit splits over this section — watch for a citation surge after a change or a disagreement. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
(a) Limitations.—A Member or an officer or employee who is a noncareer officer or employee and who occupies a position classified above GS–15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule shall not—
(1) receive compensation for affiliating with or being employed by a firm, partnership, association, corporation, or other entity which provides professional services involving a fiduciary relationship;
(2) permit that Member's, officer's, or employee's name to be used by any such firm, partnership, association, corporation, or other entity;
(3) receive compensation for practicing a profession which involves a fiduciary relationship;
(4) serve for compensation as an officer or member of the board of any association, corporation, or other entity; or
(5) receive compensation for teaching, without the prior notification and approval of the appropriate entity referred to in section 503.
(b) Teaching Compensation of Justices and Judges Retired From Regular Active Service.—For purposes of the limitation under section 501(a), any compensation for teaching approved under subsection (a)(5) of this section shall not be treated as outside earned income—
(1) when received by a justice of the United States retired from regular active service under section 371(b) of title 28, United States Code;
(2) when received by a judge of the United States retired from regular active service under section 371(b) of title 28, United States Code, for teaching performed during any calendar year for which such judge has met the requirements of subsection (f) of section 371 of title 28, United States Code, as certified in accordance with such subsection; or
(3) when received by a justice or judge of the United States retired from regular active service under section 372(a) of title 28, United States Code.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Editorial Notes
References in Text
The General Schedule, referred to in subsec. (a), is set out under section 5332 of this title.
Prior Provisions
A prior section 502 of Pub. L. 95–521, title V, Oct. 26, 1978, 92 Stat. 1867, is set out as a note under section 207 of Title 18, Crimes and Criminal Procedure.
Amendments
1992—Subsec. (a). Pub. L. 102–378, §4(b)(3), substituted "who occupies a position classified above GS–15 of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule" for "whose rate of basic pay is equal to or greater than the annual rate of basic pay in effect for grade GS–16 of the General Schedule".
1991—Subsec. (b). Pub. L. 102–198 substituted heading for one which read "Senior Judges Teaching Compensation" and amended text generally. Prior to amendment, text read as follows: "Any compensation for teaching received by a senior judge (as designated under section 294(b) of title 28, United States Code) approved under subsection (a)(5) of this section shall not be treated as outside earned income for the purpose of the limitation under section 501(a)."
1990—Pub. L. 101–650 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Pub. L. 101–280, §7(a)(1), in introductory provisions substituted "a noncareer officer or employee" for "not a career civil servant".
Pub. L. 101–280, §7(b)(1), in par. (1) substituted "receive compensation for affiliating with or being" for "affiliate with or be" and "which provides professional services involving" for "to provide professional services which involves", and struck out "for compensation" after "relationship".
Pub. L. 101–280, §7(b)(2), in par. (3) substituted "receive compensation for practicing" for "practice" and struck out "for compensation" after "relationship".
Statutory Notes and Related Subsidiaries
Effective Date
Section effective Jan. 1, 1991, but shall cease to be effective if the provisions of section 703 of Pub. L. 101–194, 5 U.S.C. 5318 note, are subsequently repealed, see section 603 of Pub. L. 101–194, set out as an Effective Date of 1989 Amendment note under section 7701 of Title 26, Internal Revenue Code.