5 U.S.C. § 3525 — Regulations

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 the employee may be entitled under sec- tion 5595, based on another other 1 separation; and (7) shall be paid from appropriations or funds available for the payment of the basic pay of the employee. (Added Pub. L. 107–296, title XIII, § 1313(a)(1)(A), Nov. 25, 2002, 116 Stat. 2293.) 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. § 3524. Effect of subsequent employment with the Government (a) The term ‘‘employment’’— (1) in subsection (b) includes employment under a personal services contract (or other direct contract) with the United States Gov- ernment (other than an entity in the legisla- tive branch); and (2) in subsection (c) does not include employ- ment under such a contract. (b) An individual who has received a voluntary separation incentive payment under this sub- chapter and accepts any employment for com- pensation with the Government of the United States with 1 5 years after the date of the separa- tion on which the payment is based shall be re- quired 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 Ac- countability Office, the United States Postal Service, or the Postal Regulatory Commission, the Director of the Office of Personnel Manage- ment may, at the request of the head of the agency, may 2 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 di- rect 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 quali- fied applicant available for the position. (3) If the employment under this section is with the judicial branch, the Director of the Ad- ministrative Office of the United States Courts may waive the repayment if the individual in- volved possesses unique abilities and is the only qualified applicant available for the position. (Added Pub. L. 107–296, title XIII, § 1313(a)(1)(A), Nov. 25, 2002, 116 Stat. 2293; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.) Editorial Notes AMENDMENTS 2006—Subsec. (c)(1). Pub. L. 109–435 substituted ‘‘Post- al Regulatory Commission’’ for ‘‘Postal Rate Commis- sion’’ in introductory provisions. 2004—Subsec. (c)(1). Pub. L. 108–271 substituted ‘‘Gov- ernment Accountability Office’’ for ‘‘General Account- ing Office’’ in introductory provisions. 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. § 3525. Regulations The Office of Personnel Management may pre- scribe regulations to carry out this subchapter. Page 453 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 3582 (Added Pub. L. 107–296, title XIII, § 1313(a)(1)(A), Nov. 25, 2002, 116 Stat. 2294.) Editorial Notes PRIOR PROVISIONS A prior section 3551, Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 90–491, § 2, Aug. 17, 1968, 82 Stat. 791, related to restoration of positions of Federal and Dis- trict of Columbia employees upon release from duty in Reserves or National Guard, prior to repeal by Pub. L. 103–353, §§ 2(b)(2)(B), 8, Oct. 13, 1994, 108 Stat. 3169, 3175, effective with respect to reemployments initiated on or after first day after 60-day period beginning Oct. 13, 1994, with transition rules. 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. SUBCHAPTER III—REINSTATEMENT OR RESTORATION AFTER SUSPENSION OR REMOVAL FOR NATIONAL SECURITY § 3571. Reinstatement or restoration; individuals suspended or removed for national security An individual suspended or removed under sec- tion 7532 of this title may be restored to duty in the discretion of the head of the agency con- cerned. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 429.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 22–1 (1st 31 words of 3d pro- viso). Aug. 26, 1950, ch. 803, § 1 (1st 31 words of 3d proviso), 64 Stat. 477. The words ‘‘suspended or removed under section 7532 of this title’’ are coextensive with and substituted for ‘‘whose employment is so suspended or terminated under the authority of said sections’’. 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. SUBCHAPTER IV—REEMPLOYMENT AFTER SERVICE WITH AN INTERNATIONAL OR- GANIZATION § 3581. Definitions For the purpose of this subchapter— (1) ‘‘agency’’ means— (A) an Executive agency; (B) a military department; and (C) an employing authority in the legisla- tive branch; (2) ‘‘employee’’ means an employee in or under an agency; (3) ‘‘international organization’’ means a public international organization or inter- national-organization preparatory commission in which the Government of the United States participates; (4) ‘‘transfer’’ means the change of position by an employee from an agency to an inter- national organization; and (5) ‘‘reemployment’’ means— (A) the reemployment of an employee under section 3582(b) of this title; or (B) the reemployment of a Congressional employee within 90 days from his separation from an international organization; following a term of employment not extending beyond the period named by the head of the agency at the time of consent to transfer or, in the absence of a named period, not extend- ing beyond the first 5 consecutive years, or any extension thereof, after entering the em- ploy of the international organization. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 429; Pub. L. 91–175, pt. V, § 502(b), Dec. 30, 1969, 83 Stat. 825; Pub. L. 94–183, § 2(9), Dec. 31, 1975, 89 Stat. 1057.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 2331. Aug. 28, 1958, Pub. L. 85–795, § 2, 72 Stat. 959. In paragraphs (1)(A) and (B), the terms ‘‘Executive agency’’ and ‘‘military department’’ are coextensive with and substituted for ‘‘any department or agency in the executive branch of the United States Government including independent establishments and Government owned or controlled corporations’’ in view of the defini- tions in sections 105 and 102. In paragraph (2), the word ‘‘employee’’ is substituted for ‘‘any civilian appointive officer or employee’’ in view of the definition of ‘‘employee’’ in section 2105. The words ‘‘in or under an agency’’ are substituted for ‘‘in or under the executive or the legislative branch of the United States Government’’. The definition of ‘‘Congressional employee’’ in former section 2331(4) is omitted as unnecessary because the term ‘‘Congressional employee’’, defined for the pur- pose of this title in section 2107, is coextensive with the definition in former section 2331(4). The definition of ‘‘Detail’’ in former section 2331(6) is omitted from this section as inappropriate but is car- ried into section 3343. 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 1975—Subsec. (5)(A). Pub. L. 94–183 substituted ‘‘3582(b)’’ for ‘‘3582(a)’’. 1969—Par. (5). Pub. L. 91–175 substituted ‘‘the first 5 consecutive years, or any extension thereof, after en- tering the employ of the international organization’’ for ‘‘the first 3 consecutive years after entering the em- ploy of the international organization’’. Executive Documents DELEGATION OF AUTHORITY Authority of President to extend a transfer of an em- ployee under this section delegated to Secretary of State, see section 3 of Ex. Ord. No. 11552, Aug. 24, 1970, 35 F.R. 13569, set out as a note under section 3584 of this title. § 3582. Rights of transferring employees (a) An employee serving under an appointment not limited to 1 year or less who transfers to an international organization with the consent of the head of his agency is entitled— (1) to retain coverage, rights, and benefits under any system established by law for the