Page:United States Statutes at Large Volume 110 Part 4.djvu/132

 110 STAT. 2978 PUBLIC LAW 104-205—SEPT. 30, 1996 (2) AMOUNT AND TREATMENT OF PAYMENTS.—^A voluntary separation incentive payment— (A) shall be paid in a lump sum after the employee's separation; (B) shall be paid from appropriations or funds available for the payment of the basic pay of the employees; (C) shall be equal to the lesser of— (i) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code; or (ii) an amount determined by an agency head not to exceed $25,000 in fiscal year 1997; (D) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and (E) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based on any other separation. (3) LIMITATION. — No amount shall be payable under this section based on any separation occurring before the date of the enactment of this Act, or after September 30, 1997. (d) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND. — (1) IN GENERAL.— In addition to gmy other payments which it is required to make under subchapter III of chapter 83 of title 5, United States Code, an agency shall remit to the Office of Personnel Management for deposit to the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee of the agency who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive has been paid under this section. (2) DEFINITION. —For the purpose of paragraph (1), the term "final basic pay", with respect to an employee, means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay, and, if last serving on other than a full-time basis, with appropriate adjustment therefor. (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERN- MENT.— An individual who has received a voluntary separation incentive payment under this section and accepts any employment for compensation with the Government of the United States, or who works for any agency of the United States Government through a personal services contract, within 5 years after the date of the separation on which the payment is based shall be required to pay, prior to the individual's first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment. (f) REDUCTIONS OF AGENCY EMPLOYMENT LEVELS. — (1) IN GENERAL.— The total number of funded employee positions in an agency shall be reduced by one position for each vacancy credited by the separation of any employee who has received, or is due to receive, a voluntary separation incentive payment under this section. For the purposes of this sub-

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