850 ADVANCES OF PAY (Last Updated 5/20/2001)
851 Scope
851.1 Purpose
These regulations are to provide authority necessary for agencies to
administer Section 5927 of Title 5, United States Code, as amended.
851.2 Applicability
The provisions of this chapter apply to all agencies defined in Section
040d of these regulations and to certain civilian employees of the United
States Government as defined in this chapter and in Sections 040i and 040j.
851.3 Definition
"Pay" is the amount of basic compensation (Section 040k)
paid an employee without taking into consideration other additional
compensation or allowances or differentials.
852 Advance Payments
a. The head of an agency or designee may provide for the advance payment
of up to three months’ pay:
(1) to or for the account of a United States citizen employee as defined
in Section 040i proceeding or upon their arrival at a post of assignment in a
foreign area;
(2) to or for the account of a United States citizen employee as defined
in Section 040i when the employee or an eligible family member residing in the
foreign area suffers a medical emergency as defined by the head of agency or
designee; and
(3) to or for the account of an employee as defined in Section 040j when
the employee is located outside the country of employment pursuant to United
States Government authorization and suffers a medical emergency.
b. Subject to adjustment of the account of the employee under Section
853b, the advance of pay is at the rate of pay currently authorized for the
employee on the date the advance payment is made under agency procedure
governing advance payments.
c. An advance of pay under Section 852a is recoverable by the United
States Government from the employee or their estate by:
(1) setoff against accrued pay, amount of retirement credit, or other
amount due to the employee from the United States Government; and
(2)such other method as is provided by law.
The head of agency may waive in whole or in part a right of recovery of
an advance of pay under Section 852a, if it is shown that the recovery would be
against equity and good conscience or against the public interest.
853 Review of Accounts
The head of each agency shall provide for:
a. the review of the account of each employee of the agency in receipt of
payments under this chapter; and
b. the recovery of the amount of pay advanced or waiver thereof.
854 Allotment and Assignment of Advanced Pay
The head of each agency may establish procedures under which an employee
is permitted to make allotments and assignments of amounts out of the advanced
pay for such purpose as the head of agency considers appropriate.
855 Funds Available on Reimbursable Basis
Funds available to an agency for payment of pay to or for the accounts of
employees of the agency are available on a reimbursable basis for payment of
pay to or for the accounts of employees of another agency under this chapter.