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§ 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.''



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