Revised Edition of Laws Applicable to the United States Department of Agriculture, 1945

1940, shall have performed active service in the armed forces, may, while on terminal leave pending separation from or release from active duty in such service under honorable conditions, enter or reenter employment of the Government of the United States, its Territories or possessions, or the District of Columbia (including any corporation created under authority of an Act of Congress which is either wholly controlled or wholly owned by the Government of the United States, or any department, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress), and, in addition to compensation for such employment shall be entitled to receive pay and allowances from the armed forces for the unexpired portion of such terminal leave at the same rates and to the same extent as if he had not entered or reentered such employment. (b) Lump sum payments for accumulated or accrued leave upon entering Government service. Any such person who, prior to November 21, 1945, entered or reentered such employment without having used all accumulated and current accrued leave to which he would have been entitled as a result of such service had he not entered or reentered such employment, shall, upon application therefor filed with the Secretary of War, the Secretary of the Navy, the Secretary of Commerce, or the Federal Security Administrator, as the case may be, be entitled to be paid a lump sum equal in amount to the pay and allowances to which he would have been entitled while on terminal leave for the unused portion of such accumulated and current accrued leave had he not entered or reentered such employment.

(c) Compensation for services rendered. Any such person who, while on terminal leave from the armed forces, performed or shall on or after November 21, 1945 perform services for the Government of the United States, its Territories or possessions, or the District of Columbia (including any corporation created under authority of an Act of Congress which is either wholly controlled or wholly owned by the Government of the United States, or any department, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress), for which he would have been entitled to be paid had he regularly become employed or reemployed in a civilian position prior to performing such services, and had he not been receiving pay and allowances from the armed forces for the period during which such services were performed, shall, if he has not otherwise been compensated for such services, be entitled, upon application therefor filed with the General Accounting Office, or, in the case of a person performing such services for a Territory or possession, filed with the appropriate agency or officer of the Government of such Territory or possession, to be paid a lump sum equal in amount to the compensation he would have received for such services had he been regularly employed or reemployed and had he not been receiving pay and allowances from the armed forces.

(d) Lump sum payments for accumulated or accrued leave upon entering State service.-Any such person who enters the employment of a State, or any political subdivision thereof, shall upon application therefor filed with the Secretary of War, the Secretary of the Navy, the Secretary of Commerce, or the Federal Security Administrator, as the case may be, be entitled to be paid a lump sum equal in amount

to the pay and allowances to which he is entitled for the unused portion of his accumulated and current accrued leave.

(e) Waiver.-No waiver effectuated prior to November 21, 1945, of any right to receive any payment to which a person would otherwise be entitled under this section shall operate to deny such person entitlement to such payment.

(f) Definitions.-As used in this section, the term "armed forces" includes the Army, Navy, Marine Corps, Coast Guard, the commissioned corps of the Public Health Service, and the commissioned corps of the Coast and Geodetic Survey, and their respective components. (Aug. 1, 1941, ch. 348, § 2, as added Nov. 21, 1945, ch. 489, 59 Stat. 584.)

§ 61c. Repealed. Act Aug. 3, 1950, ch. 518, § 6, 64 Stat. 396.

Section, Act Dec. 21, 1944, ch. 632, § 2, 58 Stat. 845, related to lump sum payments for accumulated or accrued annual leave upon death, and is now covered by sections 61f-61k of this title.

Effective date.-Repeal of this section as effective 120 days after Aug. 3, 1950, see note set out under section 61f of this title.

§ 61f. Settlement of accounts of deceased officers and employees; order of precedence for payment. In order to facilitate the settlement of the accounts of deceased civilian officers and employees of the Federal Government and of the government of the District of Columbia (including wholly owned and mixed-ownership Government corporations) all unpaid compensation due such an officer or employee at the time of his death shall be paid to the person or persons surviving at the date of death, in the following order of precedence, and such payment shall be a bar to recovery by any other person of amounts so paid:

First, to the beneficiary or beneficiaries designated by the officer or employee in writing to receive such compensation filed with the Government agency in which the officer or employee was employed at the time of his death, and received by such agency prior to the officer's or employee's death;

Second, if there be no such beneficiary, to the widow or widower of such officer, or employee;

Third, if there be no beneficiary or surviving spouse, to the child or children of such officer or employee, and descendants of deceased children, by representation;

Fourth, if none of the above, to the parents of such officer or employee, or the survivor of them;

Fifth, if there be none of the above, to the duly appointed legal representative of the estate of the deceased officer or employee, or if there be none, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased officer or employee. (Aug. 3, 1950, ch. 518, § 1, 64 Stat. 395.)

Effective date.-Section 6 of Act Aug. 3, 1950, cited to text, provided in part that sections 61f-61k of this title and the repeal of section 61c of this title became effective 120 days after Aug. 3, 1950.

§ 61g. Same; definitions. For the purposes of sections 61f-61k of this title the term "unpaid compensation" means the pay, salary, or allowances, or other compensation due on account of the services of the decedent for the Federal Government or the government of the District of Columbia. It shall include, but not be limited to, (1) all per diem in lieu of subsistence, mileage, and amounts due in reimbursement of travel expenses, including incidental and miscellaneous expenses in

connection therewith for which reimbursement is due; (2) all allowances upon change of official station; (3) all quarters and cost-of-living allowances and overtime or premium pay; (4) amounts due for payment of cash awards for employees' suggestions; (5) amounts due as refund of salary deductions for United States Savings bonds; (6) payment for all accumulated and current accrued annual or vacation leave equal to the compensation the decedent would have received had he remained in service until the expiration of the period of such annual or vacation leave; (7) the amounts of all checks drawn in payment of such compensation which were not delivered by the Government to the officer or employee during his lifetime or of any unnegotiated checks returned to the Government because of the death of the officer or employee. (Aug. 3, 1950, ch. 518, § 2, 64 Stat, 396.)