Page:United States Statutes at Large Volume 116 Part 3.djvu/615

 PUBLIC LAW 107-296—NOV. 25, 2002 116 STAT. 2207 (1) IN GENERAL.—In addition to any payments which it is otherwise required to make, the Department of Justice and the Department of Homeland Security shall, for each fiscal year with respect to which it makes any voluntary separation incentive payments under this section, remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund the amount required under paragraph (2). (2) AMOUNT REQUIRED. —The amount required under this paragraph shall, for any fiscal year, be the amount under subparagraph (A) or (B), whichever is greater. (A) FIRST METHOD.— The amount under this subparagraph shall, for any fiscal year, be equal to the minimum amount necessary to offset the additional costs to the retirement systems under title 5, United States Code (payable out of the Civil Service Retirement and Disability Fund) resulting from the voluntary separation of the employees described in paragraph (3), as determined under regulations of the Office of Personnel Management. (B) SECOND METHOD. —The amount under this subparagraph shall, for any fiscal year, be equal to 45 percent of the sum total of the final basic pay of the employees described in paragraph (3). (3) COMPUTATIONS TO BE BASED ON SEPARATIONS OCCURRING IN THE FISCAL YEAR INVOLVED. —The employees described in this paragraph are those employees who receive a voluntary separation incentive payment under this section based on their separating from service during the fiscal year with respect to which the payment under this subsection relates. (4) FINAL BASIC PAY DEFINED. —In this subsection, the term "final basic pay" means, with respect to an employee, 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 fulltime basis, with appropriate adjustment therefor. (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERN- MENT. —An individual who receives a voluntary separation incentive payment under this section and who, within 5 years after the date of the separation on which the payment is based, accepts any compensated employment with the Government or works for any agency of the Government through a personal services contract, shall be required to pay, prior to the individual's first day of employment, the entire amount of the incentive payment. Such payment shall be made to the covered entity from which the individual separated or, if made on or after the transfer date, to the Deputy Secretary or the Under Secretary for Border and Transportation Security (for transfer to the appropriate component of the Department of Homeland Security, if necessary). (f) EFFECT ON EMPLOYMENT LEVELS.— (1) INTENDED EFFECT.—Voluntary separations under this section are not intended to necessarily reduce the total number of full-time equivalent positions in any covered entity. (2) USE OF VOLUNTARY SEPARATIONS. —A covered entity may redeploy or use the full-time equivalent positions vacated by

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