2016 US Code
Title 5 - Government Organization and Employees
Part III - Employees
Subpart B - Employment and Retention
Chapter 35 - Retention Preference, Voluntary Separation Incentive Payments, Restoration, and Reemployment
Subchapter II - Voluntary Separation Incentive Payments
Sec. 3524 - Effect of subsequent employment with the Government
| 5 U.S.C. § 3524 (2016) |
| §3524. Effect of subsequent employment with the Government |
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(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. (c)(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. |
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(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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AMENDMENTS
2006—Subsec. (c)(1). Pub. L. 109–435 substituted "Postal Regulatory Commission" for "Postal Rate Commission" in introductory provisions. 2004—Subsec. (c)(1). Pub. L. 108–271 substituted "Government Accountability Office" for "General Accounting Office" in introductory provisions. EFFECTIVE DATESection effective 60 days after Nov. 25, 2002, see section 1313(a)(4) of Pub. L. 107–296, set out as a note under section 3521 of this title. |
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1 So in original. Probably should be "within". 2 So in original. |
| United States Code, 2012 Edition, Supplement 4, Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES PART III - EMPLOYEES Subpart B - Employment and Retention CHAPTER 35 - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT SUBCHAPTER II - VOLUNTARY SEPARATION INCENTIVE PAYMENTS Sec. 3524 - Effect of subsequent employment with the Government |
| section 3524 |
| 2016 |
| January 6, 2017 |
| Yes |
| standard |
| 116 Stat. 2293 118 Stat. 814 120 Stat. 3242 |
| Public Law 107-296, Public Law 108-271, Public Law 109-435 |
