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)

The laws on dual compensation apply to most jobs in the executive, legislative and judicial branches, corporations owned or controlled by the Government, and to the U. S. Postal Service.

CAN FEDERAL RETIREES WORK FOR THE FEDERAL GOVERNMENT?

YES, however retirees may have their pay or annuity reduced. For details see your retirement type below.

Private Sector, State and Local Government Retirees.

There is NO reduction in Federal Government pay or benefits resulting from having a private sector, state or local government annuity. However, paid work may reduce Social Security payments if earnings exceed the established limits. For details contact the Social Security Administration toll-free at 1-800-722-1213.

Federal Civilian Retirees under CSRA and FERS.

[Refer to sections 8344 and 8468 of title 5, United States Code (U.S.C.), and part 553 of title 5, Code of Federal Regulations (CFR).]

By law, Civil Service Retirement System (CSRS) annuitants and Federal Employees Retirement System (FERS) annuitants who are reemployed in Federal civilian jobs, including the U.S. Postal Service, will have their pay reduced (unless there is an authorized exception. [Agencies may request exceptions following 5 CFR 553.201 or 38 U.S.C. 7426(c).]). CSRS and FERS annuities based on involuntary separation or disability if fully recovered, terminate upon reemployment.

CSRS and FERS annuitants receive their full annuity check, but their pay is reduced by the amount of the annuity they receive while employed. For example, retirees who work full-time will have the full amount of their weekly annuity subtracted from their weekly pay. A retiree who works 20 hours per week will have an amount equal to one-half their weekly annuity subtracted.

Military Retirees.

[Refer to section 5532 of title 5, U.S.C., and subpart F of part 550 of title 5, CFR.]

By law, retired regular Officers, including warrant officers, of all uniformed services, including the Coast Guard and commissioned corps of the Pubic Health Service and the National Oceanic and Atmospheric Administration, must take a reduction in military retired or retainer pay when they are employed in a Federal civilian job, including the U.S. Postal Service.

Non-regular and reserve officers and enlisted personnel are NOT subject to a reduction, unless the sum of retired pay and civilian basic pay (excluding locality pay) exceeds the pay cap. The pay cap equals the basic pay of level V of the Executive Schedule (currently $108,200).

[Refer to section 5532 of title 5, U.S.C.]

There is NO reduction for retired officers during the first 30 days under a temporary, part-time or intermittent appointment, or when:

• the military retired or retainer pay is based, in whole or in part, on a disability received in the line of duty resulting from injury or disease received as a direct result of armed conflict, or caused by an instrument of war during a period of war; or
• a specific exception is approved on a case-by-case basis in an exceptional and unusual circumstance. By law, these circumstances are limited to exceptional difficulty in recruiting or retaining a qualified employee for a specific job and to emergency conditions posing an immediate and direct threat to life or property.

In 1997, retired officers who entered a uniformed service prior to August 1, 1986, when employed full-time, receive retired pay reduced to an annual rate equal to the first $10,104.16.* (if entered on or after August 1, 1986, to the first $9,170.26*) plus one-half of any remainder. The reduction for temporary, part-time and intermittent jobs begins after the first 30-day period or, if more than one job, after an aggregate of 30 days in a fiscal year.

*Amount is adjusted annually based on changes in the Consumer Price Index.