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5 U.S.C. § 3522 — Agency plans; approval
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.
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Source file: Laws/federal/codes/united-states-code/title-5/section-3522-agency-plans-approval--b7d946cf9e.md
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Source location: Title 5, Chapter 35, § 3522; chapter-035-retention-preference-voluntary-separation-incentive-payments-restoration-and-reemployment.md
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**(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.
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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 451
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 3522
1 So in original. Probably should be ‘‘and’’.
2 So in original. Probably should be ‘‘Director’’.
(B) shall not include—
(i) a reemployed annuitant under sub-
chapter 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 perform-
ance;
(iv) an employee who has previously re-
ceived any voluntary separation incentive
payment from the Federal Government
under this subchapter or any other author-
ity;
(v) an employee covered by statutory re-
employment rights who is on transfer em-
ployment with another organization; or
(vi) any employee who—
(I) during the 36-month period pre-
ceding the date of separation of that em-
ployee, performed service for which a
student loan repayment benefit was or is
to be paid under section 5379;
(II) during the 24-month period pre-
ceding the date of separation of that em-
ployee, performed service for which a re-
cruitment or relocation bonus was or is
to be paid under section 5753; or
(III) during the 12-month period pre-
ceding the date of separation of that em-
ployee, performed service for which a re-
tention bonus was or is to be paid under
section 5754.
(Added Pub. L. 107–296, title XIII, § 1313(a)(1)(A),
Nov. 25, 2002, 116 Stat. 2291; amended Pub. L.
112–74, div. G, title I, § 1401(b), Dec. 23, 2011, 125
Stat. 1134.)
Editorial Notes
AMENDMENTS
2011—Par. (1). Pub. L. 112–74 substi
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 3522
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