Dual
Employment (More Than 1 Job)
Generally Federal employees, civilian and military, are prohibited from
receiving pay from more than one Federal Government source. The laws on dual
employment apply to agencies in the executive, legislative and judicial
branches, corporations owned or controlled by the Government, and
nonappropriated fund organizations under the jurisdiction of the armed forces.
Can Civilian Federal Employees Hold More Than One Government Job?
[Refer to section 5533 of title 5, United States Code* (U.S.C), and
subpart E of part 550 of title 5, Code of Federal Regulations* (CFG).1]
In some limited situations, yes. An individual may have more than one Federal
appointment, but may receive pay from more than one civilian job only when:
-
the jobs total no more than 40 hours of work a week, Sunday to Saturday
(excluding overtime); or
-
there is an authorized exception.
This means an employee on leave without pay (LWOP) from one position may be
paid for another position. Paid leave, however, counts toward the 40-hour-per
week limitation unless there is an authorized exception.
Authorized Exceptions to the limitation on pay for more than 40 hours a week
include:
-
exceptions in law, e.g., with agency approval Federal employees can work for
the U. S. Postal Service [Refer to section 1001 of title 39, U.S.C.];
-
emergency services relating to health, safety, protection of life or property,
or national emergency;
-
expert and consultant jobs when working different hours as an intermittent
employee; and
-
fee paid on other than a time basis (lump-sum pay for a report, research
product or service not based on the number of hours or days worked).
Also, in unusual circumstances, Federal agencies can make exceptions to obtain
required personal services when they cannot be readily obtained otherwise. [Refer
to section 550.504(a) of title 5, CFR.] Can Civilian
Federal Employees Work in Outside (Nonfederal) Jobs?
[Refer to part 2635 of title 5, CFR.] Federal employees
shall not engage in outside employment or activities that conflict with
official duties and responsibilities. Many Federal agencies have written
policies that allow outside employment, especially when it is not related to
the Federal work and will not result in, or create the appearance of a conflict
of interest. [For example: see section 1001.735-203 of title 5, CFR.]
Agency policies may require employees to receive prior approval for outside
employment even when co-workers have similar outside jobs. [See section
2635.803 of title 5, CFR.]
Ask your supervisor, agency ethics official, and agency personnel office for
further information.
Can Members of a Uniformed Service Hold Civilian Government Jobs?
Members of a Uniformed Service (Army, Navy, Marines, Air Force, etc.) on active
duty may not receive pay from another Government position, except during
terminal leave, or unless specifically authorized by law. [Refer to
section 5534(a) of title 5, U.S.C.]. Enlisted personnel may be
employed part-time during off-duty hours in Department of Defense
nonappropriated fund activities. [Refer to DOD 1401.1-M, Personnel
Policy Manual for Nonappropriated Fund Instrumentalities.] Members
of the Armed Forces Reserves and members of the National Guard may receive
military pay and allowances in addition to pay from another Government
position. [Refer to section 5534 of title 5, U.S.C.] *
Note: With appropriate agency approval, Federal employees may work for the
District of Columbia (DC) government. [Refer to section 22 of Public
Law 93-198 and DC Law 2-139 as amended by DC Law 3- 109, which ended the U.S.C.
and CFR prohibition.]
Employment of Retirees (Dual Compensation Issues) RETIREES
CAN WORK FOR THE FEDERAL GOVERNMENT!
HOWEVER:
FEDERAL CIVILIAN RETIREES WILL HAVE THEIR SALARY REDUCED BY THE AMOUNT OF THEIR
ANNUITY UNLESS AN EXCEPTION IS APPROVED; and
RETIREES UNDER AGE 70 MAY HAVE THEIR SOCIAL SECURITY CHECK REDUCED IF THEIR
ANNUAL EARNINGS EXCEED THE ESTABLISHED LIMIT.
Federal Retirees under CSRS and FERS
Most retirees under the Civil Service Retirement System (CSRS) or the Federal
Employees Retirement System (FERS) will have their hourly pay reduced by the
hourly rate of the annuity when reemployed by the Federal government. This
reduction is required by dual compensation laws 5 U.S.C. 8344 (www.law.cornell.edu/uscode/5/8344.html)
and 8468 (www.law.cornell.edu/uscode/5/8468.html).
These laws apply to Federal jobs in the legislative, executive, and judicial
branches (including Government corporations, nonappropriated fund
instrumentalities under the jurisdiction of the armed forces, and the U.S.
Postal Service). Generally, the law requires that the employing agency reduce
the retiree's hourly pay by the hourly rate of their annuity. This reduction
equals the retiree's annual annuity divided by 2087. For example, if a job's
gross pay is $15.80 per hour and a retiree's hourly annuity rate is $5.80, then
the retiree's gross pay is reduced to $10.00 per hour. If a retiree works for a
year, his/her retirement is recalculated with this added service. For details,
see CSRS and FERS Handbook, C100 (http://www.opm.gov/asd/htm/hod.htm
).
Note: If retirement was due to involuntary separation or disability, the
annuity may terminate upon reemployment. These retirees should check with the
employing agency or call the Retirement Information Office at 1-888-767-6738.
Military Retirees
Retirees of U.S. Uniformed Services are now treated as other retirees (see next
heading). Prior reductions in military retired pay were repealed by P.L. 106-65
in October 1999. For details, see OPM's Memorandum to Directors of Personnel (www.opm.gov/veterans/html/repeal_memo.htm
).
Other Retirees - Private Sector, State, and Local Government
Generally, when other retirees become a Federal employee there is NO reduction
in their Federal pay or in their retirement pay or annuity. However, paid work
may reduce Social Security retirement, survivors or disability benefits if
earnings exceed the established limits. For details, contact the Social
Security Administration at 1-800-772-1213 or see Social Security - How Work
Affects Your Benefits (www.ssa.gov/pubs/10069.html
).
Exceptions for CSRS and FERS Retirees
Federal agencies may request authority to waive the salary reduction in special
and unusual circumstances. The law limits waivers to "positions for which there
is exceptional difficulty recruiting or retaining a qualified employee" and to
temporary employment while "the authority is necessary due to an emergency
involving a direct threat to life or property or other unusual circumstances."
Agencies can use criteria and procedures in 5 CFR part 553 (www.opm.gov/cfr/vol_1/5cfr553.htm
) to request exceptions. Generally, to qualify for an exception, a retiree must
be the only qualified applicant available or be uniquely qualified for the job.
Generally, the USAJOBS (www.usajobs.opm.gov) vacancy notice will indicate when
an agency has waiver authority or anticipates requesting it.
Do Retirees Retain Reinstatement Eligibility?
Yes. Retirees who obtained Federal reinstatement eligibility (www.usajobs.opm.gov/ei2.asp)
before they retired do NOT lose it because they retire.
AS OF: 01-11-2000
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