Page:United States Statutes at Large Volume 98 Part 3.djvu/847

 PUBLIC LAW 98-615—NOV. 8, 1984

98 STAT. 3219

"(ii) Notice of reassignment under clause (i)(II) of this subparagraph may be waived with the written consent of the career appointee involved.". (b) Section 3595 of such title is amended by adding at the end thereof the following new subsection: "(e) The Office shall prescribe regulations under which the rights accorded to a career appointee in the event of a transfer of function are comparable to the rights accorded to a competing employee under section 3503 of this title in the event of such a transfer.". (c) Section 7543(a) of such title is amended by striking out "or malfeasance." and inserting in lieu thereof "malfeasance, or failure to accept a directed reassignment or to accompany a position in a transfer of function.". (d) Section 8336(d) of such title is amended by inserting after the first sentence the following new sentence: "For purposes of paragraph (1) of this subsection, 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 shall not be considered to be a removal for cause on charges of misconduct or delinquency.".

Waiver.

5 USC 3595. Regulations. 5 USC 3503. 5 USC 7543.

5 USC 8336.

PAY LIMITATION

SEC. 305. Section 5383(b) of title 5, United States Code, is amended to read as follows: "(b)(1) In no event may the aggregate amount paid to a senior executive during any fiscal year under sections 4507, 5382, 5384,, and 5948 of this title exceed the annual rate payable for positions at level I of the Executive Schedule in effect at the end of such fiscal year. "(2)(A) Any amount which is not paid to a senior executive during a fiscal year because of the limitation under pari^graph (1) of this subsection shall be paid to that individual in a lump sum at the beginning of the following fiscal year. "(B) Any amount paid under this paragraph during a fiscal year shall be taken into account for purposes of applying the limitation under paragraph (1) of this subsection with respect to such fiscal year. "(C) The Office of Personnel Management shall prescribe regulations, consistent with section 5582 of this title, under which payment under this paragraph shall be made in the case of any individual whose death precludes payment under subparagraph (A) of this paragraph.". MISCELLANEOUS SENIOR EXECUTIVE SERVICE AMENDMENTS

SEC. 306. (a) Section 3135(a) of title 5, United States Code, is amended— (1) by striking out "and" at the end of paragraph (8); (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following new paragraph: "(9) the number of career appointees who have been place;d in positions outside the Senior Executive Service under section 3594 of this title as a result of a removal under section 3595 of this title; and".

5 USC 4507, 5382, 5384, 5948.

Regulations. 5 USC 5582.

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