Page:United States Statutes at Large Volume 113 Part 1.djvu/467

 PUBLIC LAW 106-58 —SEPT. 29, 1999 113 STAT. 443 (F) 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; and (G) shall be paid from appropriations or funds available for the payment of the basic pay of the employee. (e) ELIGIBILITY FOR PAYMENTS. —Payments under this section may be made to any qualifying employee who voluntarily separates, whether by retirement or resignation, between October 1, 1999, and January 31, 2000. (f) EFFECT ON SUBSEQUENT EMPLOYMENT WITH THE GOVERN- MENT.— (1) An individual who has received a voluntary separation incentive payment under this section and accepts any employ- ment for compensation with any agency or instrumentality of the Government of the United States, or who works for an agency of the United States Government through a personal services contract, within 5 years after the date of the separation on which the pa3niient is based shall be required to pay, prior to the individual's first day of emplo3ment, the entire amount of the incentive payment to FMS. (2) The Director of the Office of Personnel Management may, at the request of the Secretary, Department of the Treasury, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (g) CONTRIBUTIONS TO THE RETIREMENT FUND. — (1) In addition to any other pa5anents which it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, FMS shall remit to the Office of Personnel Management for deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final annual basic pay for each employee 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) 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. (h) REDUCTION OF AGENCY EMPLOYMENT LEVELS. — (1) The total number of funded employee positions in the agency shall be reduced by one position for each vacancy created by the separation of any employee who has received, or is due to receive, a voluntary separation incentive payment under this Act. For the purposes of this subsection, positions shall be counted on a full-time equivalent basis. (2) The President, through the Office of Management and President. Budget, shall monitor the agency and take any action necessary to ensure that the requirements of this subsection are met. (3) At the request of the Secretary, Department of the Treasury, the Office of Management and Budget may waive the reduction in total number of funded employee positions required by paragraph (1) if it believes the agency plan required

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