Page:United States Statutes at Large Volume 116 Part 3.djvu/701

 PUBLIC LAW 107-296—NOV. 25, 2002 116 STAT. 2293 "§ 3523. Authority to provide voluntary separation incentive payments "(a) A voluntary separation incentive payment under this subchapter may be paid to an employee only as provided in the plan of an agency established under section 3522. "(b) A voluntary incentive payment— "(1) shall be offered to agency employees on the basis of— "(A) 1 or more organizational units; "(B) 1 or more occupational series or levels; "(C) 1 or more geographical locations; "(D) skills, knowledge, or other factors related to a position; "(E) specific periods of time during which eligible employees may elect a voluntary incentive payment; or "(F) any appropriate combination of such factors; "(2) shall be paid in a lump sum after the employee's separation; "(3) shall be equal to the lesser of— "(A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) if the employee were entitled to payment under such section (without adjustment for any previous payment made); or "(B) an amount determined by the agency head, not to exceed $25,000; "(4) may be made only in the case of an employee who voluntarily separates (whether by retirement or resignation) under this subchapter; "(5) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; "(6) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595, based on another other separation; and "(7) shall be paid from appropriations or funds available for the payment of the basic pay of the employee. "§3524. Effect of subsequent employment with the Government "(a) The term 'employment'— "(1) in subsection (b) includes employment under a personal services contract (or other direct contract) with the United States Government (other than an entity in the legislative branch); and "(2) in subsection (c) does not include employment under such a contract. "(b) An individual who has received a voluntary separation incentive payment under this subchapter and accepts any employ- ment for compensation with the Government of the United States with 5 years after the date of the separation on which the payment is based shall be required to pay, before the individual's first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment. "(c)( 1) If the employment under this section is with an agency, other than the General Accounting Office, the United States Postal Service, or the Postal Rate Commission, the Director of the Office

�