Page:United States Statutes at Large Volume 114 Part 3.djvu/362

 114 STAT. 1654A-320 PUBLIC LAW 106-398—APPENDIX (d) APPLICABILITY OF REPAYMENT REQUIREMENT TO REEMPLOY- MENT UNDER PERSONAL SERVICES CONTRACTS.—Subsection (g)(1) of such section is amended by inserting after "employment with the Government of the United States" the following: ", or who commences work for an agency of the United States through a personal services contract with the United States,". SEC. 1152. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY RETIREMENT AUTHORITY. (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8336 of title 5, United States Code, is amended— (1) in subsection (d)(2), by inserting "except in the case of an employee who is separated from the service under a program carried out under subsection (o)," after "(2)"; and (2) by adding at the end the following: "(o)(l) The Secretary of Defense may, during fiscal years 2002 and 2003, carry out a program under which an employee of the Department of Defense may be separated from the service entitled to an immediate annuity under this subchapter if the employee— "(A) has— "(i) completed 25 years of service; or "(ii) become 50 years of age and completed 20 years of service; and "(B) is eligible for the annuity under paragraph (2) or (3). "(2)(A) For the purposes of paragraph (1), an employee referred to in that paragraph is eligible for an immediate annuity under this paragraph if the employee— "(i) is separated from the service involuntarily other than for cause; and "(ii) has not declined a reasonable offer of another position in the Department of Defense for which the employee is qualified, which is not lower than 2 grades (or pay levels) below the employee's grade (or pay level), and which is within the employee's commuting area. "(B) For the purposes of paragraph (2)(A)(i), a separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function may not be considered to be a removal for cause. "(3) For the purposes of paragraph (1), an employee referred to in that paragraph is eligible for an immediate annuity under this paragraph if the employee satisfies all of the following conditions: "(A) The employee is separated from the service voluntarily during a period in which the organization within the Department of Defense in which the employee is serving is undergoing a major organizational adjustment. "(B) The employee has been employed continuously by the Department of Defense for more than 30 days before the date on which the head of the employee's organization requests the determinations required under subparagraph (A). "(C) The employee is serving under an appointment that is not limited by time. "(D) The employee is not in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance.

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