Page:United States Statutes at Large Volume 122.djvu/377

 12 2 STA T .354PUBLIC LA W 11 0– 1 8 1 —J A N .28, 2008 as a re s ultof a c losure or real ignm ent of a militar yb ase as d escribed under sub p aragrap h(A).‘ ‘( C ) T he S ecretary shall submit the report under subpara - graph ( B ) to the Committee on Armed Ser v ices and the Com- mittee on G overnmental Affairs of the Senate , and the Com- mittee on Armed Services and the Committee on Government R eform of the H ouse of Representatives. ‘‘( 3 ) F or purposes of this section, the term ‘employee ’ means an employee of the D epartment of Defense, serving under an appointment w ithout time limitation, e x cept that such term does not include — ‘‘(A) a reemployed annuitant under subchapter I II of chapter 8 3 or chapter 8 4, or another retirement system for employees of the Federal Government ‘‘(B) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under any of the retirement systems referred to in subparagraph (A); or ‘‘(C) for purposes of eligibility for separation incentives under this section, an employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance. ‘‘(4) An employee who is at least 50 years of age and has completed 2 0 years of service, or has at least 25 years of service, may, pursuant to regulations promulgated under this section, apply and be retired from the Department of Defense and receive benefits in accordance with chapter 83 or 84 if the employee has been employed continuously within the Department of Defense for more than 30 days before the date on which the determination to conduct a reduction or restructuring within 1 or more Department of Defense compo- nents is approved. ‘‘(5)(A) Separation pay shall be paid in a lump sum or in installments and shall be e q ual to the lesser of — ‘‘(i) an amount equal to the amount the employee would be entitled to receive under section 55 9 5(c), if the employee were entitled to payment under such section; or ‘‘(ii) $ 25,000. ‘‘(B) Separation pay shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit. Separation pay shall not be ta k en into account for the purpose of determining the amount of any severance pay to which an individual may be entitled under section 5595, based on any other separation. ‘‘(C) Separation pay, if paid in installments, shall cease to be paid upon the recipient’s acceptance of employment by the Federal Government, or commencement of work under a personal services contract as described in paragraph ( 6 ). ‘‘(6)(A) An employee who receives separation pay under such program may not be reemployed by the Department of Defense for a 12-month period beginning on the effective date of the employee’s separation, unless this prohibition is waived by the Secretary on a case-by-case basis. ‘‘(B) An employee who receives separation pay under this section on the basis of a separation occurring on or after the date of the enactment of the Federal W orkforce Restructuring Act of 1994 ( P ublic L aw 103 – 226; 108 Stat. 111) and accepts

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