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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 09:52:37 -04:00

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LegalText 5 U.S.C. § 5535 Extra pay for details prohibited us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 55 PAY ADMINISTRATION 5535 5 U.S.C. § 5535 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s5535 data/legal/raw/us/code/title-05/usc05.xml ad1821f36dfe6bd180b068ba7af9fac7fabee558fc4b230f5e9f90bc077ed0b1 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 324635565abfc43194242ad3290a3f4f468b1f242117aeddaccf2370ecd7b655 2026-07-04 official
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5 U.S.C. § 5535 - Extra pay for details prohibited

Text

(a) An officer may not receive pay in addition to the pay for his regular office for performing the duties of a vacant office as authorized by sections 33453347 of this title.

(b) An employee may not receive—

(1) additional pay or allowances for performing the duties of another employee; or

(2) pay in addition to the regular pay received for employment held before his appointment or designation as acting for or instead of an occupant of another position or employment.

This subsection does not prevent a regular and permanent appointment by promotion from a lower to a higher grade of employment.

(Pub. L. 89554, Sept. 6, 1966, 80 Stat. 484.)

Notes

Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large (a)5 U.S.C. 9.R.S. § 182. (b)5 U.S.C. 69 (1st 34 words).R.S. § 1764 (1st 34 words). 5 U.S.C. 72.Aug. 1, 1914, ch. 223, § 12, 38 Stat. 680. Subsection (a) was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 1711), which provides “Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense” is omitted from this title but is not repealed. In subsection (a), the words “regular office” are coextensive with and substituted for “proper office”. In subsection (b), former sections 69 (1st 34 words) and 72 are combined and restated for clarity and conciseness. The word “employee” is coextensive with and substituted for “officer or clerk”, “officer or clerk in the same or any other department”, and “person employed in the service of the United States”. The words “under any general or lump-sum appropriation” are omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.