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5 U.S.C. § 3524 — Effect of subsequent employment with the Government
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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Stable record: federal_law:legal_authorities:record_usc_86712ffa77ccc699e5d7b728
Source file: Laws/federal/codes/united-states-code/title-5/section-3524-effect-of-subsequent-employment-with-the-government--c69a2e1491.md
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Passage SHA-256: 3b3cd6c0062ea561d5fc63da201ece80819907ed36be51a3ff9fd8a740c82278
Source location: Title 5, Chapter 35, § 3524; chapter-035-retention-preference-voluntary-separation-incentive-payments-restoration-and-reemployment.md
Stored source content
**(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.
(3) If the employment under this section is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
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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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Federal law — U.S. Code and appendices · legal_authorities
Page 452
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3523
1 So in original.
1 So in original. Probably should be ‘‘within’’.
2 So in original.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 60 days after Nov. 25, 2002, see sec-
tion 1313(a)(4) of Pub. L. 107–296, set out as a note under
section 3521 of this title.
§ 3523. Authority to provide voluntary separation
incentive payments
(a) A voluntary separation incentive payment
under this subchapter may be paid to an em-
ployee 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 re-
lated to a position;
(E) specific periods of time during which
eligible employees may elect a voluntary in-
centive payment; or
(F) any appropriate combination of such
factors;
(2) shall be paid in a lump sum after the em-
ployee’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 ad-
justment 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 em-
ployee who voluntarily separates (whether by
retirement or resignation) under this sub-
chapter;
(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 deter-
mining the amount of any severance pay to
which th
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3524
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.