370.550.5 - Dual Federal Employment

Basic statute governing dual Federal employment and dual Federal compensation.

11/17/89

1. Legal Authority. Title 5, Chapter 55, Subchapter IV, United States Code is the basic statute governing dual Federal employment and dual Federal compensation.

2. Dual Civilian Employment.

A. General Limitation. Civilian personnel may not receive basic compensation from more than one civilian position for more than 40 hours of work in any calendar week (Sunday through Saturday). For full-time employees this precludes additional civilian employment. For part-time or intermittent employees this permits multiple appointments provided collectively they do not aggregate more than 40 hours of work in any calendar week.

B. Exceptions to General Limitation. The following employment is permitted without regard to the 40-hour limitation:

(1) More than one while-actual-employed (intermittent) consultant or expert appointment provided compensation is not received for the same hours of the same day.

(2) Part-time employment with the U.S. Coast Guard as lamplighter.

(3) Employment with the National Oceanic and Atmospheric Administration to observe tides or currents, or to tend seismographs or magnetographs.

(4) Employment with the Weather Bureau to take and transmit meteorological observation.

(5) Employment with the Department of Commerce for field work in connection with the census.

(6) Employment under emergency conditions relating to health, safety, protection of life or property, or national emergency.

C. Special Exceptions. Where circumstances warrant, requests may be submitted to the Department, through the Office of Personnel, for dual employment that will exceed the 40-hour limitation. Such requests must establish that personnel services can not otherwise be readily obtained.

D. Limitation on Employment in the Legislative Branch. For limitations and exceptions for concurrent employment in the Senate, the House of Representatives, or the Office of the Architect of The Capitol with any other Federal agency, see Section 5533 of Title 5 FPM Regulations.

3. Employment of Retired Members of Uniformed Services.

A. Definitions.

(1) Uniformed Services includes the Army, Navy, Air Force, Marines, Coast Guard, and the commissioned corps of both the Public Health Service and National Oceanic and Atmospheric Administration (formerly Coast and Geodetic Survey and Environmental Science Services Administration).

(2) Officer means commissioned or warrant officer.

(3) Combat Disability means disability:

(a) Resulting from injury or disease received in line of duty as a direct result of armed conflict, or

(b) Caused by an instrumentality of war and incurred in line of duty during a period of war.

B. Regular Officer Retired for Length of Service. A retired officer of a regular component of a uniformed service may be employed in a civilian position, but during the period of such employment, his or her retired or retainer pay shall be reduced to an annual rate equal to the first $2,000 plus one-half of remainder. (The$2,000 figure is subject to increase if retired pay is increased to reflect changes in the Consumer Price Index.) Exception: No reduction in retired or retainer pay is made for the first 30 calendar days under a temporary full-time appointment, or for the first 30 work days under a part-time or intermittent appointment. NOTE: Full retired or retainer pay is resumed upon separation from civilian employment.

C. Regular Officers Retired for Combat Disability, Retired Reserve Officers, and Retired Enlisted Personnel. Regular officers retired for combat disability, retired reserve officers, and retired enlisted personnel may be employed in a civilian position and receive full retired or retainer pay during such employment.

D. Report to Uniformed Services' Finance Centers. The servicing personnel office will report to the appropriate military finance center the appointment of any employee receiving retired or retainer pay by submission of an extra copy of the personnel action notice (SF 50) which includes pertinent information regarding the employee's retired status. (See FPM Supplement 296-33, Subchapter 8-4, for further reporting requirements.)

E. Reduction in Retired or Retainer Pay. The combined annual civilian pay and retired or retainer pay is limited to the basic pay currently paid for Level V of the Executive Schedule. Reduction in pay will be applied to the retired or retainer pay.

4. Dual Employment and Pay During Terminal Leave from Uniformed Services. An individual who is on terminal leave pending separation from a uniformed service may be employed in a civilian position and is entitled to receive civilian pay in addition to pay and allowances from the uniformed service for the unexpired portion of the terminal leave.

5. Prohibited.

A. Extra Pay for Details. An employee may not receive additional pay or allowances for performing the duties of another employee or pay in addition to the regular pay received for employment held before being designated as acting for or instead of an occupant of another position or employment.

B. Extra Pay for Extra Services. An employee may not receive additional pay or allowances for any other service or duty, unless specifically authorized by law and the appropriation therefore specifically states that it is for the additional pay or allowance.

C. Fees for Jury and Witness Service. An employee may not receive fees for service (1) as a juror in a court of the United States or the District of Columbia; or (2) as a witness on behalf of the United States or the District of Columbia. (See SM 370.630.10, Court Leave, for additional information on pay for court appearances.)