Page:United States Statutes at Large Volume 80 Part 1.djvu/525

 80 STAT. ]

PUBLIC LAW 89-554-SEPT. 6, 1966

(b) The accumulated and current accrued annual leave to which an officer excepted from subchapter I of chapter 63 of this title by section 6301(2)(x) - ( x i i) of this title, is entitled immediately before the date he is excepted under that section shall be liquidated by a lump-sum payment in accordance with subsection (a) of this section or subchapter VIII of this chapter, except that the payment is— (1) based on the rate of pay which he was receiving immediately before the date on which section 6301(2)(x) - ( x i i) of this title became applicable to him; and (2) made without regard to the limitation in subsection (a) of this section on the amount of leave compensable. § 5552. Lump-sum payment for accumulated and accrued leave on entering active duty; election An employee as defined by section 21Q5 of this title or an individual employed by a territory or possession of the United States or the government of the District of Columbia who enters on active duty in the armed forces is entitled to— (1) receive, in addition to his pay and allowances from the armed forces, a lump-sum payment for accumulated and current accrued annual or vacation leave in accordance with section 5551 of this title; or (2) elect to have the leave remain to his credit until his return from active duty.

SUBCHAPTER VII—PAYMENTS TO MISSING EMPLOYEES §556L Definitions For the purpose of this subchapter— (1) "agency" means an Executive agency and a military department; (2) "employee" means an employee in or under an agency who is a citizen or national of the United States or an alien admitted to the United States for permanent residence, but does not include a part-time or intermittent employee or native labor casually hired on an hourly or daily basis. However, such an employee who enters a status listed in paragraph (5)(A) - (E) of this section— (A) inside the continental United States; or (B) who is a resident at or in the vicinity of his place of employment in a territory or possession of the United States or m a foreign country and who was not living there solely as a result of his employment; is an employee for the purpose of this subchapter only on a determination by the head of the agency concerned that this status is the proximate result of employment by the agency; (3) "dependent" means— (A) a wife; (B) an unmarried child (including an unmarried dependent stepchild or adopted child) under 21 years of age; (C) a dependent mother or father; (D) a dependent designated in official records; and (E) an individual determined to be dependent by the head of the agency concerned or his designee; (4) "active service" means active Federal service by an employee;

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