Page:United States Statutes at Large Volume 112 Part 3.djvu/625
PUBLIC LAW 105-275—OCT. 21, 1998 112 STAT. 2455 (3) Such voluntary separation incentive payments shall be paid in accordance with the provisions of section 5597(d) of title 5, United States Code. Any such pa3m(ient shall not be a basis of payment, and shall not be included in the computation, of any other type of Government benefit. (4)(A) Not later than January 15, 1999, the Public Printer Deadline, shall submit a plan described under subparagraph (C) to the Joint Committee on Printing (or any applicable successor committees). (B) No volimtary separation incentive payment may be paid under this section unless the Public Printer submits a plan described under subparagraph (C) to the Joint Committee on Printing (or any applicable successor committees) and the Joint Committee on Printing approves the plan (or such successor committees approve the plan). (C) The plan referred to under subparagraph (B) shall include— (i) the positions and functions to be reduced or eliminated, identified by organizational unit, occupational category, and pay or grade level; (ii) the number and amounts of voluntary separation incentive pa5ntnents to be offered; and (iii) a description of how the Government Printing Office will operate without the eKminated positions and fimctions. (5)(A) In addition to any other payments which the Public Printer is reqiiired to make under subchapter III of chapter 83 of title 5, United States Code, the Public Printer shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final basic pay of each employee who is covered under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, to whom a voluntary separation incentive has been paid under this section. (B) For the purpose of this paragraph, the term "final basic pay", with respect to an employee— (i) means the total amount of basic pay which would be payable for a year of service by such employee, computed using the employee's final rate of basic pay; and (ii) includes an appropriate adjustment to the amount computed under clause (i) if the employee is last serving on other than a fiili-time basis. (6)(A) Subject to subparagraph (B), an employee who has received a voluntary sepsiration incentive payment under this section and accepts employment with the Government of the United States within 5 years after the date of the separation on which the payment is based shall be required to repay the entire amount of the incentive payment to the agency that pgiid the incentive payment. (B)(i) If the employment is with an Executive agency (as defined by section 105 of title 5, United States Code), the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (ii) If the employment 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.