§421. Payment of residents for services

(a) Authority

The Chief Operating Officer is authorized to accept for the Armed Forces Retirement Home the part-time or intermittent services of a resident of the Retirement Home, to pay the resident for such services, and to fix the rate of such pay.

(b) Employment status

A resident receiving pay for services authorized under subsection (a) shall not, by reason of performing such services and receiving pay for such services, be considered as-

(1) receiving the pay of a position or being employed in a position for the purposes of section 5532 ¹ of title 5; or

(2) being an employee of the United States for any purpose other than-

(A) subchapter I of chapter 81 of title 5 (relating to compensation for work-related injuries); and

(B) chapter 171 of title 28 (relating to claims for damages or loss).

(c) "Position" defined

In subsection (b)(1), the term "position" has the meaning given that term in section 5531 of title 5.

(Pub. L. 101–510, div. A, title XV, §1521, as added Pub. L. 102–484, div. A, title III, §385(a), Oct. 23, 1992, 106 Stat. 2394 ; amended Pub. L. 104–201, div. A, title X, §1052(b), Sept. 23, 1996, 110 Stat. 2650 ; Pub. L. 107–107, div. A, title XIV, §1404(b)(3), Dec. 28, 2001, 115 Stat. 1260 .)

Editorial Notes

References in Text

Section 5532 of title 5, referred to in subsec. (b)(1), was repealed by Pub. L. 106–65, div. A, title VI, §651(a)(1), Oct. 5, 1999, 113 Stat. 664 .

Amendments

2001-Subsec. (a). Pub. L. 107–107 substituted "Chief Operating Officer" for "Chairman of the Armed Forces Retirement Board".

1996-Subsec. (b)(2). Pub. L. 104–201 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "being an employee of the United States for any other purpose."

Statutory Notes and Related Subsidiaries

Forgiveness of Indebtedness

Pub. L. 102–484, div. A, title III, §385(b), Oct. 23, 1992, 106 Stat. 2394 , provided that: "The Chairman of the Armed Forces Retirement Board is authorized to cancel the indebtedness of any resident of the Armed Forces Retirement Home for repayment to the United States of amounts paid the resident for services provided to the Retirement Home before the date of the enactment of this Act [Oct. 23, 1992] if the Chairman determines that it would be in the interest of the United States to do so and against equity and good conscience to require the repayment."

¹ See References in Text note below.