Page:United States Statutes at Large Volume 113 Part 1.djvu/988

 113 STAT. 964 PUBLIC LAW 106-65—OCT. 5, 1999 Subtitle C—Matters Relating to Personnel 50 USC 2441. SEC. 3241. AUTHORITY TO ESTABLISH CERTAIN SCIENTIFIC, ENGINEERING, AND TECHNICAL POSITIONS. The Administrator may, for the purposes of carrying out the responsibihties of the Administrator under this title, establish not more than 300 scientific, engineering, and technical positions in the Administration, appoint individuals to such positions, and fix the compensation of such individuals. Subject to the limitations in the preceding sentence, the authority of the Administrator to make appointments and fix compensation with respect to positions in the Administration under this section shall be equivalent to, and subject to the limitations of, the authority under section 161 d. of the Atomic Energy Act of 1954 (42 U.S.C. 2201(d)) to make appointments and fix compensation with respect to officers and employees described in such section. 50 USC 2442. SEC. 3242. VOLUNTARY EARLY RETIREMENT AUTHORITY. (a) AUTHORITY.— An employee of the Department of Energy who is separated from the service under conditions described in subsection (b) after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity in accordance with the provisions in chapter 83 or 84 of title 5, United States Code, as applicable. (b) CONDITIONS OF SEPARATION.—Subsection (a) apphes to an employee who— (1) has been employed continuously by the Department of Energy for more than 30 days before the date on which the Secretary of Energy makes the determination required under paragraph (4)(A); (2) is serving under an appointment that is not limited by time; (3) has not received a decision notice of involuntary separation for misconduct or unacceptable performance that is pending decision; and (4) is separated from the service voluntarily during a period with respect to which— (A) the Secretary of Energy determines that the Department of Energy is undergoing a major reorgsmization as a result of the establishment of the National Nuclear Security Administration; and (B) the employee is within the scope of an offer of voluntary early retirement (as defined by organizational unit, occupational series or level, geographical location, any other similar factor that the Office of Personnel Management determines appropriate, or any combination of such definitions of scope), as determined by the Secretary under regulations prescribed by the Office. (c) TREATMENT OF EMPLOYEES.— For purposes of chapters 83 and 84 of title 5, United States Code (including for purposes of computation of an annuity under such chapters), an employee entitled to an annuity under this section shall be treated as an employee entitled to an annuity under section 8336(d) or 8414(b) of such title, as applicable. (d) DEFINITIONS.— As used in this section, the terms "employee" and "annuity—

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