Sec. 6. Reduction of benefits for members of the Senior Executive Service within the Department of Veterans Affairs convicted of certain crimes
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Chapter 7 of title 38, United States Code, is further amended by inserting after section 719, as added by section 5, the following new section: The Secretary shall order that the covered service of an individual removed from a senior executive position under section 713 of this title shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, if— the individual is convicted of a felony that influenced the individual’s performance while employed in the senior executive position; and before such order is made, the individual is afforded notice and an opportunity for a hearing conducted by another department or agency of the Federal Government.
The Secretary may order that the covered service of an individual who is subject to a removal or transfer action under section 713 of this title but who leaves employment at the Department prior to the issuance of a final decision with respect to such action shall not be taken into account for purposes of calculating an annuity with respect to such individual under chapter 83 or chapter 84 of title 5, if— the individual is convicted of a felony that influenced the individual’s performance while employed in the senior executive position; and before such order is made, the individual is afforded notice and an opportunity for a hearing conducted by another department or agency of the Federal Government.
The Secretary shall make such an order not later than seven days after the date of the conclusion of a hearing referred to in paragraph (1)(B) that determines that such order is lawful. Not later than 30 days after the Secretary issues an order under subsection
(a)or (b), the Director of the Office of Personnel Management shall recalculate the annuity of the individual. A decision regarding whether the covered service of an individual shall be taken into account for purposes of calculating an annuity under subsection
(a)or
(b)is final and may not be reviewed by any department or agency or any court. Any individual with respect to whom an annuity is reduced under subsection
(a)or
(b)shall be entitled to be paid so much of such individual’s lump-sum credit as is attributable to the period of covered service. In this section: The term covered service means, with respect to an individual subject to a removal or transfer action under section 713 of this title, the period of service beginning on the date that the Secretary determines under such section that such individual engaged in activity that gave rise to such action and ending on the date that such individual is removed from the civil service or leaves employment at the Department prior to the issuance of a final decision with respect to such action, as the case may be. The term lump-sum credit has the meaning given such term in section 8331(8) or section 8401(19) of title 5, as the case may be. The term senior executive position has the meaning given such term in section 713(g)(3) of this title. The term service has the meaning given such term in section 8331(12) or section 8401(26) of title 5, as the case may be. . The table of sections at the beginning of chapter 7 of such title is amended by inserting after the item relating to section 719, as added by section 5, the following new item: 721. Senior executives: reduction of benefits of individuals convicted of certain crimes. . Section 721 of title 38, United States Code, as added by subsection (a)(1), shall apply to any action of removal or transfer under section 713 of title 38, United States Code, commencing on or after the date of the enactment of this Act.