§ 5562. Pay and allowances; continuance while in a missing status; limitations
(a)
An employee in a missing status is entitled to receive or have credited to his account, for the period he is in that status, the same pay and allowances to which he was entitled at the beginning of that period or may become entitled thereafter. Notwithstanding any other provision of law, an employee in a missing status on or after January 1, 1965, is entitled—
(1)
to payment for annual leave which accrued to his account on or after January 1, 1965, but which was forfeited under section
6304 of this title because he was unable to use that leave by virtue of his missing status; or
(2)
to have all of that leave restored to him and credited to a separate leave account in accordance with the provisions of section
6304
(d)(2) of this title.
An employee shall elect in writing, within 90 days immediately following December 14, 1973, or within 90 days immediately following the termination of his missing status, whichever is later, whether he desires payment for the leave under clause (1) of this subsection or credit of the leave under clause (2) of this subsection. Payment under clause (1) of this subsection shall be at the employee’s rate of basic pay in effect at the time the leave was forfeited.
(b)
Entitlement to pay and allowances under subsection (a) of this section ends on the date of—
(2)
death prescribed or determined under section
5565 of this title.
That entitlement does not end—
(c)
An employee who is officially determined to be absent from his post of duty without authority is indebted to the United States for payments of amounts credited to his account under subsection (a) of this section for the period of that absence.
(d)
When an employee in a missing status is continued in that status under section
5565 of this title, he continues to be entitled to have pay and allowances credited under subsection (a) of this section.