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5 U.S.C. § 3521 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this subchapter, the term—
(1) “agency” means an Executive agency as defined under section 105 (other than the Government Accountability Office); and
(2) “employee”—
(A) means an employee as defined under section 2105 employed by an agency and an individual employed by a county committee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act ([16 U.S.C. 590h(b)(5)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b/5&num=0&edition=prelim)) who—
(i) is serving under an appointment without time limitation; and
(ii) has been currently employed for a continuous period of at least 3 years; and
(B) shall not include—
(i) a reemployed annuitant under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government;
(ii) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government;
(iii) an employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance;
(iv) an employee who has previously received any voluntary separation incentive payment from the Federal Government under this subchapter or any other authority;
(v) an employee covered by statutory reemployment rights who is on transfer employment with another organization; or
(vi) any employee who—
(I) during the 36-month period preceding the date of separation of that employee, performed service for which a student loan repayment benefit was or is to be paid under section 5379;
(II) during the 24-month period preceding the date of separation of that employee, p
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3521
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Stable record: federal_law:legal_authorities:record_usc_3741aad18e000e93ba025d45
Source file: Laws/federal/codes/united-states-code/title-5/section-3521-definitions--2866c057c3.md
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Source location: Title 5, Chapter 35, § 3521; chapter-035-retention-preference-voluntary-separation-incentive-payments-restoration-and-reemployment.md
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In this subchapter, the term—
(1) “agency” means an Executive agency as defined under section 105 (other than the Government Accountability Office); and
(2) “employee”—
(A) means an employee as defined under section 2105 employed by an agency and an individual employed by a county committee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act ([16 U.S.C. 590h(b)(5)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590h/b/5&num=0&edition=prelim)) who—
(i) is serving under an appointment without time limitation; and
(ii) has been currently employed for a continuous period of at least 3 years; and
(B) shall not include—
(i) a reemployed annuitant under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government;
(ii) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government;
(iii) an employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance;
(iv) an employee who has previously received any voluntary separation incentive payment from the Federal Government under this subchapter or any other authority;
(v) an employee covered by statutory reemployment rights who is on transfer employment with another organization; or
(vi) any employee who—
(I) during the 36-month period preceding the date of separation of that employee, performed service for which a student loan repayment benefit was or is to be paid under section 5379;
(II) during the 24-month period preceding the date of separation of that employee, performed service for which a recruitment or relocation bonus was or is to be paid under section 5753; or
(III) during the 12-month period preceding the date of separation of that employee, performed service for which a retention bonus was or is to be paid under section 5754.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority to offer payments** Notwithstanding any other provision of law, the head of any office in the legislative branch may establish a program under which voluntary separation incentive payments may be offered to eligible employees of the office to encourage such employees to separate from service voluntarily (whether by retirement or resignation), in accordance with this section.
**(b) Amount and administration of payments** A voluntary separation incentive payment made under this section—
(1) shall be paid in a lump sum after the employee’s separation;
(2) shall be equal to the lesser of—
(A) an amount equal to the amount the employee would be entitled to receive under [section 5595(c) of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5595/c&num=0&edition=prelim), if the employee were entitled to payment under such section (without adjustment for any previous payment made); or
(B) an amount determined by the head of the office involved, not to exceed $25,000;
(3) may be made only in the case of an employee who voluntarily separates (whether by retirement or resignation) under this section;
(4) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit;
(5) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under [section 5595 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5595&num=0&edition=prelim) based on any other separation; and
(6) shall be paid from appropriations or funds available for the payment of the basic pay of the employee.
**(c) Plan**
(1) **Plan required for making payments** — No voluntary separation incentive payment may be p
Source: Supplied U.S. Code snapshot — release unconfirmed · 2 U.S.C. § 4505
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An employee who is separated from the service after becoming 55 years of age and completing 30 years of service is entitled to an annuity.
**(b)** An employee who is separated from the service after becoming 60 years of age and completing 20 years of service is entitled to an annuity.
**(c)**
(1) An employee who is separated from the service after becoming 50 years of age and completing 20 years of service as a law enforcement officer, firefighter, nuclear materials courier, or customs and border protection officer, or any combination of such service totaling at least 20 years, is entitled to an annuity.
(2) An employee is entitled to an annuity if the employee—
(A) was a law enforcement officer or firefighter employed by the Panama Canal Company or the Canal Zone Government at any time during the period beginning March 31, 1979, and ending September 30, 1979; and
(B) is separated from the service before January 1, 2000, after becoming 48 years of age and completing 18 years of service as a law enforcement officer or firefighter, or any combination of such service totaling at least 18 years.
(3)
(A) In this paragraph—
(i) the term “affected individual” means an individual covered under this subchapter who—
(I) is performing service in a covered position;
(II) while on duty, becomes ill or is injured as a direct result of the performance of such duties before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable;
(III) because of the illness or injury described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 8336
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Federal law — U.S. Code and appendices · legal_authorities
The President, the Vice President, the Chief Justice, and the heads of executive departments are constituted an establishment by the name of the Smithsonian Institution for the increase and diffusion of knowledge among men, and by that name shall be known and have perpetual succession with the powers, limitations, and restrictions hereinafter contained, and no other.
Source: Supplied U.S. Code snapshot — release unconfirmed · 20 U.S.C. § 41
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Before obligating any resources for voluntary separation incentive payments, the head of each agency shall submit to the Office of Personnel Management a plan outlining the intended use of such incentive payments and a proposed organizational chart for the agency once such incentive payments have been completed.
**(b)** The plan of an agency under subsection (a) shall include—
(1) the specific positions and functions to be reduced or eliminated;
(2) a description of which categories of employees will be offered incentives;
(3) the time period during which incentives may be paid;
(4) the number and amounts of voluntary separation incentive payments to be offered; and
(5) a description of how the agency will operate without the eliminated positions and functions.
**(c)** The Director of the Office of Personnel Management shall review each agency’s plan an 11 So in original. Probably should be “and”. may make any appropriate modifications in the plan, in consultation with the Director of the Office of Management and Budget. A plan under this section may not be implemented without the approval of the Directive 22 So in original. Probably should be “Director”. of the Office of Personnel Management.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3522
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A voluntary separation incentive payment under this subchapter may be paid to an employee only as provided in the plan of an agency established under section 3522.
**(b)** A voluntary incentive payment—
(1) shall be offered to agency employees on the basis of—
(A) 1 or more organizational units;
(B) 1 or more occupational series or levels;
(C) 1 or more geographical locations;
(D) skills, knowledge, or other factors related to a position;
(E) specific periods of time during which eligible employees may elect a voluntary incentive payment; or
(F) any appropriate combination of such factors;
(2) shall be paid in a lump sum after the employee’s separation;
(3) shall be equal to the lesser of—
(A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) if the employee were entitled to payment under such section (without adjustment for any previous payment made); or
(B) an amount determined by the agency head, not to exceed $25,000;
(4) may be made only in the case of an employee who voluntarily separates (whether by retirement or resignation) under this subchapter;
(5) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit;
(6) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595, based on another other 11 So in original. separation; and
(7) shall be paid from appropriations or funds available for the payment of the basic pay of the employee.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3523
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The term “employment”—
(1) in subsection (b) includes employment under a personal services contract (or other direct contract) with the United States Government (other than an entity in the legislative branch); and
(2) in subsection (c) does not include employment under such a contract.
**(b)** An individual who has received a voluntary separation incentive payment under this subchapter and accepts any employment for compensation with the Government of the United States with 11 So in original. Probably should be “within”. 5 years after the date of the separation on which the payment is based shall be required to pay, before the individual’s first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment.
**(c)**
(1) If the employment under this section is with an agency, other than the Government Accountability Office, the United States Postal Service, or the Postal Regulatory Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, may 22 So in original. waive the repayment if—
(A) the individual involved possesses unique abilities and is the only qualified applicant available for the position; or
(B) in case of an emergency involving a direct threat to life or property, the individual—
(i) has skills directly related to resolving the emergency; and
(ii) will serve on a temporary basis only so long as that individual’s services are made necessary by the emergency.
(2) If the employment under this section is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3524
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Federal law — U.S. Code and appendices · legal_authorities
The Office of Personnel Management may prescribe regulations to carry out this subchapter.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 3525
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Repealed. Pub. L. 87–703, title I, § 101(2), Sept. 27, 1962, 76 Stat. 605**
**(b) Conservation and environmental assistance**
(1) **Environmental quality incentives program** — The Secretary shall provide technical assistance, cost-share payments, and incentive payments to operators through the environmental quality incentives program in accordance with subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985 [[16 U.S.C. 3839aa](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3839aa&num=0&edition=prelim) et seq.].
(2) **to (4) Repealed. Pub. L. 104–127, title III, § 336(a)(1)(A)(i)(I), Apr. 4, 1996, 110 Stat. 1004**
(5) **State, county, and area committees**
(A) *Appointment of State committees* — The Secretary shall appoint in each State a State committee composed of not fewer than 3 nor more than 5 members who are fairly representative of the farmers in the State. The members of a State committee shall serve at the pleasure of the Secretary for such term as the Secretary may establish.
(B) *Establishment and elections for county, area, or local committees*
(i) *Establishment*
(I) *In general* — In each county or area in which activities are carried out under this section, the Secretary shall establish a county or area committee.
(II) *Local administrative areas* — The Secretary may designate local administrative areas within a county or a larger area under the jurisdiction of a committee established under subclause (I).
(ii) *Composition of county, area, or local committees*
(I) *In general* — Except as provided in subclause (II), a committee established under clause (i) shall consist of not fewer than 3 nor more than 5 members that—
(aa) are fairly represe
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 590h
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Federal law — U.S. Code and appendices · legal_authorities
Page 1108
TITLE 16—CONSERVATION
§§ 590g–1, 590g–2
1 So in original. The comma probably should be a semicolon.
ers and harbors against the results of soil ero-
sion in aid of maintaining the navigability of
waters and water courses and in aid of flood con-
trol; (5) reestablishment, at as rapid a rate as
the Secretary of Agriculture determines to be
practicable and in the general public interest, of
the ratio between the purchasing power of the
net income per person on farms and that of the
income per person not on farms that prevailed
during the five-year period August 1909–July
1914, inclusive, as determined from statistics
available in the United States Department of
Agriculture, and the maintenance of such ratio;
(6) prevention and abatement of agricultural-re-
lated pollution,1 and (7) the promotion of energy
and water conservation through dry land farm-
ing. The powers conferred under this section and
sections 590h, 590i, and 590j to 590n of this title
shall be used to assist voluntary action cal-
culated to effectuate the purposes specified in
this section. Such powers shall not be used to
discourage the production of supplies of foods
and fibers sufficient to maintain normal domes-
tic human consumption as determined by the
Secretary from the records of domestic human
consumption in the years 1920 to 1929, inclusive,
taking into consideration increased population,
quantities of any commodity that were forced
into domestic consumption by decline in exports
during such period, current trends in domestic
consumption and exports of particular commod-
ities, and the quantities of substitutes available
for domestic consumption within any general
class of food commodities. In carrying out the
purposes of this section due regard shall be
give
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 590h
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Federal law — U.S. Code and appendices · legal_authorities
Page 450
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3504
dant in view of the subsequent limitation imposed by
the words following ‘‘before’’. The words ‘‘make an ap-
pointment from another source to that position’’ are
substituted for ‘‘appoint additional employees from
any other source for such position’’.
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
Editorial Notes
AMENDMENTS
1979—Subsecs. (a), (b). Pub. L. 96–54 substituted ‘‘com-
peting employee’’ for ‘‘preference eligible employed’’.
1978—Subsecs. (a), (b). Pub. L. 95–454 which directed
the substitution of ‘‘competing employee’’ for ‘‘pref-
erence eligible employee’’ was impossible to execute
literally because the text contained reference to ‘‘pref-
erence eligible employed’’. See 1979 Amendment note
above.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1979 AMENDMENT
Amendment by Pub. L. 96–54 effective July 12, 1979,
see section 2(b) of Pub. L. 96–54, set out as a note under
section 305 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95–454 effective 90 days after
Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as
a note under section 1101 of this title.
§ 3504. Preference eligibles; retention; physical
qualifications; waiver
(a) In determining qualifications of a pref-
erence eligible for retention in a position in the
competitive service, an Executive agency, or the
government of the District of Columbia, the Of-
fice of Personnel Management or other exam-
ining agency shall waive—
(1) requirements as to age, height, and
weight, unless the requirement is essential to
the performance of the duties of the position;
and
(2) physical requirements
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3521
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.