Page:United States Statutes at Large Volume 108 Part 1.djvu/139

 PUBLIC LAW 103-226—MAR. 30, 1994 108 STAT. 113 (1) the term "agency" means an Executive agency (as defined by section 105 of title 5, United States Code), but does not include the Department of Defense, the Central Intelligence Agency, or the General Accounting Office; and (2) the term "employee" means an employee (as defined by section 2105 of title 5, United States Code) who is employed by an agency, is serving under an appointment without time limitation, and has been currently employed for a continuous period of at least 12 months; such term includes an individual employed by a county committee established under section 8(b) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)), but does not include— (A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; or (B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the applicable retirement system referred to in subparagraph (A). (b) AUTHORITY.— (1) IN GENERAL.—In order to avoid or minimize the need for involuntary separations due to a reduction in force, reorganization, transfer of function, or other similar action, and subject to paragraph (2), the head of an agency may pay, or authorize the payment of, voluntary separation incentive pay- ments to agency employees— (A) in any component of the agency; (B) in any occupation; (C) in any geographic location; or (D) on the basis of any combination of factors under subparagraphs (A) through (C). (2) CONDITION. — (A) IN GENERAL.—In order to receive an incentive pay- ment, an employee must separate from service with the agency (whether by retirement or resignation) before April 1, 1995. (B) EXCEPTION.— An employee who does not separate from service before the date specified in subparagraph (A) shall be ineligible for an incentive payment under this section unless— (i) the agency head determines that, in order to ensure the performance of the agenc/s mission, it is necessary to delay such employee's separation; and (ii) the employee separates after completing any additional period of service required (but not later than March 31, 1997). (c) AMOUNT AND TREATMENT OF PAYMENTS.—^A voluntary separation incentive pa3anent— (1) shall be paid in a lump sum after the employee's separation; (2) 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) of title 5, United States Code, if the employee were entitled to payment under such section; or (B) $25,000;

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