Page:United States Statutes at Large Volume 113 Part 3.djvu/79

 PUBLIC LAW 106-117—NOV. 30, 1999 113 STAT. 1597 (B) if the Under Secretary concerned, or the head of the staff office concerned, approves the payment of the voluntary separation incentive payment to that employee. (2) In order to receive a voluntary separation incentive payment under this title, an employee must separate from service with the Department voluntarily (whether by retirement or resignation) under the provisions of this title. (b) AMOUNT AND TREATMENT OF PAYMENTS.— A voluntary separation incentive payment— (1) shall be paid in a lump sum after t;he employee's separation under this title; (2) shall be in an amount equal to the lesser of— (A) 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 that section (without adjustment for any previous payment made under that section); or (B) an amount determined by the Secretary, not to exceed $25,000; (3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and (4) shall not be taken into account in determining the amount of severance pay to which an employee may be entitled under section 5595 of title 5, United States Code, based on any other separation. (c) SOURCE OF FUNDS. — Voluntary separation incentive pay- ments under this title shall be paid from the appropriations or funds available for payment of the basic pay of the employees of the Department. SEC. 1104. EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERN- 5 USC 5597 note. MENT. (a) REPAYMENT UPON REEMPLOYMENT. —Except as provided in subsection (b), an individual who is paid a voluntary separation incentive payment under this title and who subsequently accepts employment with the Government within five years after the date of the separation on which the pa3anent is based shall be required to repay to the Secretary, before the individual's first day of such employment, the entire amount of the voluntary separation incentive payment paid to the individual under this title. (b) WAIVER AUTHORITY FOR CERTAIN INIDIVIDUALS. —(1) If the employment of an individual under subsection (a) is with an Executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, or th(j Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of such agency, waive repa3m[ient by the individual under that subsection if the individual possesses unique abilities and is the only qualified applicant available for the position. (2) If the employment of an individual under subsection (a) is with an entity in the legislative branch, the head of the entity or the appointing official may waive repaymient by the individual under that subsection if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) If the employment of an individual under subsection (a) is with the judicial branch, the Director of the Administrative

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