5 U.S.C. § 5581
Section 5581 · Definitions
This is the Administrative Procedure Act of 1946
Amended 2 times on record
Applied in 1 court decisions — leading case McDermott v. McAdams (1981)
Most recently applied in McDermott v. McAdams (May 1981)
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.
For the purpose of this subchapter—
(1) “employee” means—
(A) an employee as defined by section 2105 of this title; and
(B) an individual employed by the government of the District of Columbia;
but does not include the employee of—
(i) a Federal land bank;
(ii) a Federal intermediate credit bank;
(iii) a regional bank for cooperatives; or
(iv) the Senate within the purview of section 36a of title 2; and
(2) “money due” means the pay and allowances due on account of the services of a deceased employee for the Government of the United States or the government of the District of Columbia. It includes, but is not limited to—
(A) per diem instead of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in connection therewith for which reimbursement is due;
(B) allowances on change of official station;
(C) quarters and cost-of-living allowances and overtime or premium pay;
(D) amounts due for payment of cash awards for employees’ suggestions;
(E) amounts due as refund of pay deductions for United States savings bonds;
(F) payment for accumulated and current accrued annual or vacation leave equal to the pay the decreased employee would have received had he lived and remained in the service until the end of the period of annual or vacation leave;
(G) amounts of checks drawn for pay and allowances which were not delivered by the Government to the employee during his lifetime;
(H) amounts of unnegotiated checks returned to the Government because of the death of the employee; and
(I) retroactive pay under section 5344(a) (2) of this title.
It does not include benefits, refunds, or interest payable under subchapter III of chapter 83 of this title applicable to the service of the deceased employee, or amounts the disposition of which is otherwise expressly prescribed by Federal statute.
Editorial notes U.S. Code · Office of the Law Revision Counsel
Apr. 30, 1954, ch. 177, §2, 68 Stat. 65. (2) 5 U.S.C. 61g. Aug. 3, 1950, ch. 518, §2, 64 Stat. 396. July 2, 1953, ch. 178, §5, 67 Stat. 138. Sept. 1, 1954, ch. 1208, §501, 68 Stat. 1115. Sept. 2, 1958, Pub. L. 85–914, §1, 72 Stat. 1761. 5 U.S.C. 61i. Aug. 3, 1950, ch. 518, §4, 64 Stat. 396. Paragraph (1) is supplied for convenience and is based on the first 35 words of former section 61f, which is carried into section 5582, and former section 61k.
The exception for production credit corporations in section 7 of the Act of Aug. 3, 1950, is omitted as they were merged in the Federal intermediate credit banks by the Farm Credit Act of 1956, 70 Stat. 659.
The exception in paragraph (1)(iv) for employees of the Senate is added on authority of the Act of Jan. 6, 1951, ch. 1213, 64 Stat. 1124; 2 U.S.C. 36a.
In paragraph (2), the definition of “money due” is substituted for “unpaid compensation”. Paragraph (2)(I) is added on authority of former section 1182(a)(2), which is carried into section 5344.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
References in Text
Section 5344 of this title, referred to in par. (2)(I), was amended generally by Pub. L. 92–392 and provisions relating to retroactive pay formerly contained in section 5344(a)(2) are contained in section 5344(b)(2).
Amendments
1979—Par. (1). Pub. L. 96–54 inserted “and” after cl. (iv).
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.