§ 60o. — Lump sum payment for accrued annual leave of House employees.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC60o]
TITLE 2--THE CONGRESS
CHAPTER 4--OFFICERS AND EMPLOYEES OF SENATE AND HOUSE OF REPRESENTATIVES
Sec. 60o. Lump sum payment for accrued annual leave of House
employees
(a) Approval; amount; source of payments
Upon the approval of the appropriate employing authority, an
employee of the House of Representatives may be paid a lump sum for the
accrued annual leave of the employee or for any other purpose. The lump
sum--
(1) shall be paid in an amount not more than the lesser of--
(A) the amount of the monthly pay of the employee, as
determined by the Chief Administrative Officer of the House of
Representatives; or
(B) in the case of a lump sum payment for the accrued annual
leave of the employee, the amount equal to the monthly pay of
the employee, as determined by the Chief Administrative Officer
of the House of Representatives, divided by 30, and multiplied
by the number of days of the accrued annual leave of the
employee;
(2) shall be paid--
(A) for clerk hire employees, from the clerk hire allowance
of the Member;
(B) for committee employees, from amounts appropriated for
committees; and
(C) for other employees, from amounts appropriated to the
employing authority; and
(3) shall be based on the rate of pay in effect with respect to
the employee on the last day of employment of the employee.
(b) Regulations
The Committee on House Oversight shall have authority to prescribe
regulations to carry out this section.
(c) ``Employee of the House of Representatives'' defined
As used in this section, the term ``employee of the House of
Representatives'' means an employee whose pay is disbursed by the Clerk
of the House of Representatives or the Chief Administrative Officer of
the House of Representatives, as applicable, except that such term does
not include a uniformed or civilian support employee under the Capitol
Police Board.
(d) Separations after June 30, 1995
Payments under this section may be made with respect to separations
from employment taking place after June 30, 1995.
(Pub. L. 104-53, title I, Sec. 109, Nov. 19, 1995, 109 Stat. 522; Pub.
L. 105-55, title I, Sec. 103(a), Oct. 7, 1997, 111 Stat. 1183.)
Codification
Section is from the Congressional Operations Appropriations Act,
1996, which is title I of the Legislative Branch Appropriations Act,
1996.
Amendments
1997--Subsec. (a). Pub. L. 105-55, Sec. 103(a)(1), (2), in
introductory provisions, struck out ``who is separated from
employment,'' after ``House of Representatives'' and substituted ``of
the employee or for any other purpose'' for ``of the employee''.
Subsec. (a)(1)(B). Pub. L. 105-55, Sec. 103(a)(3), substituted ``in
the case of a lump sum payment for the accrued annual leave of the
employee, the amount'' for ``the amount''.
Change of Name
Committee on House Oversight of House of Representatives changed to
Committee on House Administration of House of Representatives by House
Resolution No. 5, One Hundred Sixth Congress, Jan. 6, 1999.
Effective Date of 1997 Amendment
Section 103(b) of Pub. L. 105-55 provided that: ``The amendments
made by subsection (a) [amending this section] shall apply to fiscal
years beginning on or after October 1, 1997.''
Lump Sum Payment for Accrued Annual Leave of Senate Employees
Pub. L. 106-554, Sec. 1(a)(2) [title I, Sec. 6], Dec. 21, 2000, 114
Stat. 2763, 2763A-97, provided that:
``(a) The head of the employing office of an employee of the Senate
may, upon termination of employment of the employee, authorize payment
of a lump sum for the accrued annual leave of that employee if--
``(1) the head of the employing office--
``(A) has approved a written leave policy authorizing
employees to accrue leave and establishing the conditions upon
which accrued leave may be paid; and
``(B) submits written certification to the Financial Clerk
of the Senate of the number of days of annual leave accrued by
the employee for which payment is to be made under the written
leave policy of the employing office; and
``(2) there are sufficient funds to cover the lump sum payment.
``(b)(1) A lump sum payment under this section shall not exceed the
lesser of--
``(A) twice the monthly rate of pay of the employee; or
``(B) the product of the daily rate of pay of the employee and
the number of days of accrued annual leave of the employee.
``(2) The Secretary of the Senate shall determine the rates of pay
of an employee under paragraph (1)(A) and (B) on the basis of the annual
rate of pay of the employee in effect on the date of termination of
employment.
``(c) Any payment under this section shall be paid from the
appropriation account or fund used to pay the employee.
``(d) If an individual who received a lump sum payment under this
section is reemployed as an employee of the Senate before the end of the
period covered by the lump sum payment, the individual shall refund an
amount equal to the applicable pay covering the period between the date
of reemployment and the expiration of the lump sum period. Such amount
shall be deposited to the appropriation account or fund used to pay the
lump sum payment.
``(e) The Committee on Rules and Administration of the Senate may
prescribe regulations to carry out this section.
``(f) In this section, the term--
``(1) `employee of the Senate' means any employee whose pay is
disbursed by the Secretary of the Senate, except that the term does
not include a member of the Capitol Police or a civilian employee of
the Capitol Police; and
``(2) `head of the employing office' means any person with the
final authority to appoint, hire, discharge, and set the terms,
conditions, or privileges of the employment of an individual whose
pay is disbursed by the Secretary of the Senate.''
