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Code · U.S. Code · Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES · CHAPTER 35— RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT · SUBCHAPTER II— VOLUNTARY SEPARATION INCENTIVE PAYMENTS · § 3524

§ 3524. Effect of subsequent employment with the Government

427 words·~2 min read·/usc/title-5/section-3524

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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 employment for compensation with the Government of the United States with 1 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.
(1)If the employment under this section is with an agency, other than the Government Accountability Office, the United States Postal Service, or the Postal Regulatory Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, may 2 waive the repayment if—
(A)the individual involved possesses unique abilities and is the only qualified applicant available for the position; or
(B)in case of an emergency involving a direct threat to life or property, the individual—
(i)has skills directly related to resolving the emergency; and
(ii)will serve on a temporary basis only so long as that individual’s services are made necessary by the emergency.
(2)If the employment under this section is with an entity in the legislative branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
(3)If the employment under this section is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position.
(Added Pub. L. 107–296, title XIII, § 1313(a)(1)(A), Nov. 25, 2002, 116 Stat. 2293; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.)
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11 references not yet in our index
  • 1
  • 2
  • Pub. L. 107–296, title XIII, § 1313(a)(1)(A)
  • 116 Stat. 2293
  • Pub. L. 108–271, § 8(b)
  • 118 Stat. 814
  • Pub. L. 109–435, title VI, § 604(f)
  • 120 Stat. 3242
  • Pub. L. 109–435
  • Pub. L. 108–271
  • section 1313(a)(4) of Pub. L. 107–296
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cites case law
§ 3524
Effect of subsequent employment with the Government
Cite1
Cite2
Pub. L.Pub. L. 107–296, title XIII, § 1313(a)(1)(A)
Stat.116 Stat. 2293
Pub. L.Pub. L. 108–271, § 8(b)
Cites 12 · showing 6Cited by 0 across 0 sources
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