Page:United States Statutes at Large Volume 113 Part 1.djvu/466

 113 STAT. 442 PUBLIC LAW 106-58—SEPT. 29, 1999 (5) an employee covered by statutory reemployment rights who is on transfer to another organization; or (6) an employee who during the 24-month period preceding the date of separation has received and not repaid a recruitment or relocation bonus under section 5753 of title 5, United States Code, or who, within the 12-month period preceding the date of separation, has received and not repaid a retention allowance under section 5754 of that title. (c) AGENCY PLAN; APPROVAL.— (1) The Secretary, Department of the Treasury, prior to obligating any resources for voluntary separation incentive pay- ments, shall submit to the Office of Management and Budget a strategic plan outlining the intended use of such incentive payments and a proposed organizational chart for the agency once such incentive payments have been completed. (2) The agency's plan under paragraph (1) shall include— (A) the specific positions and functions to be reduced or eliminated; (B) a proposed coverage for offers of incentives; (C) the time period during which incentives may be paid; (D) the number and amoiuits of voluntary separation incentive payments to be offered; and (E) a description of how the agency will operate without the eliminated positions and functions. (3) The Director of the Office of Management and Budget shall review the agency^s plan and approve or disapprove such plan, and may make appropriate modifications in the plan including waivers of the reduction in agency employment levels required by this Act. (d) AUTHORITY TO PROVIDE VOLUNTARY SEPARATION INCENTIVE PAYMENTS.— (1) A voluntary separation incentive payment under this Act may be paid by the agency head to an employee only in accordance with the strategic plan under subsection (c). (2) A voluntary incentive payment— (A) shall be offered to agency employees on the basis of organizational unit, occupational series or level, geographic location, other nonpersonal factors, or an appropriate combination of such factors; (B) shall be paid in a lump sum after the employee's separation; (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, if the employee were entitled to payment under such section (without adjustment for any previous payment made); or (ii) an amount determined by the agency head, not to exceed $25,000; (D) may be made only in the case of an employee who voluntarily separates (whether by retirement or resignation) under the provisions of this Act; (E) shall not be a basis for pa3anent, and shall not be included in the computation of any other type of Government benefit;

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