Page:United States Statutes at Large Volume 110 Part 4.djvu/85

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PUBLIC LAW 104-204—SEPT. 26, 1996 110 STAT. 2931 Mississippi River to the Dryden Flight Research Center in California for the purpose of the consolidation of such aircraft. SEC. 432. To PROMOTE AND SUPPORT MANAGEMENT REORGANIZATION OF THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION. —(a) SHORT TITLE. —This section may be cited as the "National Aeronautics and Space Administration Federal Employment Reduction Assistance Act of 1996.". (b) DEFINITIONS. —For the purpose of this section— (1) the term "Administrator" means the Administrator of the National Aeronautics and Space Administration; and (2) the term "employee" means an employee of the National Aeronautics and Space Administration serving under an appointment without time limitation, who has been currently employed with NASA for a continuous period of at least twelve months, except that such term does not include— (A) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system for employees of the Government; (B) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance; (C) an employee who, upon completing an additional period of service as referred to in section 3(b)(2)(B)(ii) of the Federal Workforce Restructuring Act of 1994 (Public Law 103-226; 108 Stat. Ill), would qualify for a voluntary separation incentive payment under section 3 of such Act; or (D) an employee who has previously received any voluntary separation incentive payment by the Federal Government under this Act or any other authority and has not repaid such payment. (c) INCENTIVE PAYMENT PROGRAM.—In order to avoid or minimize the need for involuntary separations due to a reduction in force, installation closure, reorganization, transfer of function, or other similar action affecting the National Aeronautics and Space Administration, the Administrator shall establish a program under which separation pay, subject to the availability of appropriated funds, may be offered to encourage eligible employees to separate from service voluntarily (whether by retirement or resignation). (d) INCENTIVE PAYMENTS.—In order to receive a voluntary separation incentive payment, an employee must separate voluntarily (whether by retirement or resignation) during the period of time for which the payment of incentives has been authorized for the employee under the agency plan. Such separation payments— (1) shall be paid in a lump sum after the employee's separation, and (2) shall be equal to the lesser of— (A) an amount equal to the amount the employee would be entitled to receive under section 5595(c) of title 5, United States Code, if the employee were entitled to payment under such section; or (B) an amount that shall not exceed $25,000; (3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; National Aeronautics and Space Administration Federal Employment Reduction Assistance Act of 1996. 5 USC 5597 note.