Page:United States Statutes at Large Volume 110 Part 3.djvu/202

 110 STAT. 1932 PUBLIC LAW 104-190—AUG. 20, 1996 Public Law 104-190 104th Congress An Act Aug. 20, 1996 To authorize the Agency for International Development to offer voluntary separation [H-R - 3870] incentive payments to employees of that agency. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, 5 USC 5597 note. SECTION 1. VOLUNTARY SEPARATION INCENTIVES FOR EMPLOYEES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT. (a) DEFINITIONS. —For the purposes of this Act— (1) the term "agency" means the Agency for International Development; (2) the term "Administrator" means the Administrator, Agency for International Development; and (3) the term "employee" means an employee (as defined by section 2105 of title 5, United States Code) who is employed by the agency, is serving under an appointment without time limitation, and has been currently employed for a continuous period of at least 12 months, but does not include— (A) any employee who, upon separation and application, would then be eligible for an immediate annuity under subchapter III of chapter 83 (except for section 8336(d)(2)) or chapter 84 (except for section 8414(b)(1)(B)) of title 5, United States Code, or corresponding provisions of another retirement system for employees of the agency; (B) 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 agency; (C) 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); (D) an employee who is to be separated involuntarily for misconduct or unacceptable performance, and to whom specific notice has been given with respect to that separation; (E) an employee who, upon completing an additional period of service, as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 note), would qualify for a voluntary separation incentive payment under section 3 of such Act; (F) an employee who has previously received any voluntary separation incentive payment by the Government of the United States under this Act or any other authority and has not repaid such payment;

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