110 STAT. 2932 PUBLIC LAW 104-204—SEPT. 26, 1996 (4) shall not be taken into account for purposes of determining the amount of any severance pay to which an individual may be entitled under section 5595 of title 5, United States Code, based on any other separation; (5) shall be considered pa3anent for a voluntary separation; and (6) shall be paid from the appropriations or funds available for payment of the basic pay of the employee. (e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT.— (1) An individual who has received a voluntary separation incentive pa3anent under this section and accepts any employ- ment with the Government of the United States within five years after the date of the separation on which the payment is based shall be required to repay, prior to the individual's first day of employment, the entire amount of the incentive payment to NASA. (2) If the employment under paragraph (1) above is with an executive agency (as defined by section 105 of title 5, United States Code), the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repa3anent if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) If the employment under paragraph (1) above 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. (4) If the employment under paragraph (1) above 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. (5) For the purpose of this section, the term "employment"— (A) includes employment of any length or under any type of appointment, but does not include employment that is without compensation; and (B) includes employment under a personal services contract. (f) EFFECT OF SUBSEQUENT DISABILITY RETIREMENT.—An employee who has received an incentive payment is ineligible to receive an annuity for reasons of disability under applicable regulations, unless the incentive payment is repaid. (g) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND. — (1) In addition to any other pa3nnents which it is required to make under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, NASA 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 to whom a voluntary separation incentive has been paid under this Act.
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