5 U.S.C. § 3523 — Authority to provide voluntary separation

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.