Page:United States Statutes at Large Volume 104 Part 3.djvu/107

 PUBLIC LAW 101-509—NOV. 5, 1990 104 STAT. 1459 "(2) Payment of a bonus under this section shall be contingent Government upon the employee entering into an agreement with the agency to contracts. complete a period of employment with the agency, with the required period determined pursuant to regulations of the Office. If the employee voluntarily fails to complete such period of service or is separated from the service before completion of such period of service for cause on charges of misconduct or delinquency, the employee shall repay the bonus on a pro rata basis. (3) A bonus under this section shall be paid as a lump sum, and may not be considered to be part of the basic pay of an employee. "(4) Under regulations of the Office, a recruitment bonus may be paid to a newly-hired employee before the employee enters on duty. "(c) For the purpose of this section— "(1) the terms 'agency' and 'employee' have the meanings given them by section 5102; and "(2) any reference to 'a position under the General Schedule' or 'an employee under the General Schedule' shall be considered to be a reference to any position or employee to which subchapter III of chapter 53 applies. "(d) The Office shall prescribe such regulations as it considers Regulations, necessary for the administration of subsections (a) through (c). "(e) At the request of the head of an Executive agency, the President may authorize the application of the preceding provisions of this section with respect to 1 or more categories of em^jloyees within such agency who would not otherwise be covered by this section (including authority under subsection (d) to prescribe any necessary regulations). "§ 5754. Retention allowances "(a) The Office of Personnel Management may authorize the head of an agency to pay an allowance to an employee under the General Schedule if^ "(1) the unusually high or unique qualifications of the employee or a special need of the agency for the employee's services makes it essential to retain the employee; and "(2) the Eigency determines that the employee would be likely to leave in the absence of a retention allowance. "(b)(l) A retention allowance, which shall be stated as a percentage of the rate of basic pay (excluding any comparability payments under section 5304) of the employee, may not exceed 25 percent of such rate of basic pay. "(2) A retention allowance may not be considered to be part of the basic pay of an employee, and the reduction or elimination of a retention allowance may not be appealed. The preceding sentence shall not be construed to extinguish or lessen any right or remedy under subchapter II of chapter 12 or under any of the laws referred to in section 2302(d). "(3) A retention allowance shall be paid at the same time and in the same manner as the employee's basic pay is paid. "(c) For the purpose of this section— "(1) the terms 'agency' and 'employee' have the meanings given them by section 5102; and "(2) any reference to 'an employee under the General Schedule' shall be considered to be a reference to any employee holding a position to which subchapter III of chapter 53 applies. "(d) The Office shall prescribe such regulations as it considers Regulations, necessary for the administration of subsections (a) through (c).

�