Page:United States Statutes at Large Volume 112 Part 1.djvu/117

 "^^^' PUBLIC LAW 105-174 —MAY 1, 1998 112 STAT. 91 GENERAL PROVISIONS—THIS CHAPTER SEC. 7001. Federal Employee Voluntary Early Retirement, (a) CIVIL SERVICE RETIREMENT SYSTEM.—Effective for purposes of the period beginning on the date of enactment of this Act and ending on September 30, 1999, paragraph (2) of section 8336(d) of title 5, United States Code, shall be applied as if it had been amended to read as follows: "(2)(A) has been employed continuously, by the agency in which the employee is serving, for at least the 31-day period ending on the date on which such agency requests the determination referred to in subparagraph (D); "(B) is serving under an appointment that is not time limited; "(C) has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance; "(D) is separated from the service voluntarily during a period in which, as determined by the Office of Personnel Management (upon request of the agency) under regulations prescribed by the Office— "(i) such agency (or, if applicable, the component in which the employee is serving) is undergoing a major reorganization, a major reduction in force, or a major transfer of function; and "(ii) a significant percentage of the employees serving in such agency (or component) will be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53, or comparable provisions); and "(E) as determined by the agency under regulations prescribed by the Office, is within the scope of the offer of voluntary early retirement, which may be made on the basis of— "(i) one or more organizational units; "(ii) one or more occupational series or levels; "(iii) one or more geographical locations; "(iv) other similar nonpersonal factors the Office determines appropriate; or "(v) any appropriate combination of such factors;", (b) FEDERAL EMPLOYEES' RETIREMENT SYSTEM. — Effective for purposes of the period beginning on the date of enactment of this Act and ending on September 30, 1999, subparagraph (B) of section 8414(b)(1) of title 5, United States Code, shall be applied as if it had been amended to read as follows: "(B)(i) has been employed continuously, by the agency in which the employee is serving, for at least the 31-day period ending on the date on which such agency requests the determination referred to in clause (iv); "(ii) is serving under an appointment that is not time limited; "(iii) has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance; "(iv) is separated from the service voluntarily during a period in which, as determined by the Office of Personnel Management (upon request of the agency) under regulations prescribed by the Office— Effective date. Termination date. Applicability. 5 USC 8336 note. Effective date. Termination date. Applicability. 5 USC 8414 note. Regulations.

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