PUBLIC LAW 105-261—OCT. 17, 1998 112 STAT. 2143 use when there is a reasonable suspicion that the employee uses illegal drugs. (c) NOTIFICATION TO APPLICANTS. — The Secretary of Defense shall notify persons who apply for employment with the Department of Defense that, as a condition of employment by the Department, the person may be required to submit to drug testing under the drug testing program required by Executive Order No. 12564 (51 Fed. Reg. 32889; September 15, 1986) pursuant to the terms of the Executive order. (d) DEFINITIONS. —In this section, the terms "illegal drugs" and "employee in a sensitive position" have the meanings given such terms in section 7 of Executive Order No. 12564 (51 Fed. Reg. 32889; September 15, 1986). SEC. 1109. DEPARTMENT OF DEFENSE EMPLOYEE VOLUNTARY EARLY RETIREMENT AUTHORITY. (a) CIVIL SERVICE RETIREMENT SYSTEM.—Section 8336 of title 5, United States Code, is amended— (1) in subsection (d)(2), by inserting "except in the case of an employee described in subsection (o)(l)," after "(2)"; and (2) by adding at the end the following: "(o)(l) An employee of the Department of Defense who is separated from the service under conditions described in paragraph (2) after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity. "(2) Paragraph (1) applies to an employee who— "(A) has been employed continuously by the Department of Defense for more than 30 days before the date on which the Secretary concerned requests the determinations required under subparagraph (D)(i); "(B) is serving under an appointment that is not limited by time; "(C) has not received a decision notice of involuntary separation for misconduct or unacceptable performance that is pending decision; and "(D) is separated from the service voluntarily during a period in which— "(i) the Department of Defense or the military department or subordinate organization within the Department of Defense or military department in which the employee is serving is undergoing a major reorganization, a major reduction in force, or a major transfer of function, and employees comprising a significant percentage of the employees serving in that department or organization are to be separated or subject to an immediate reduction in the rate of basic pay (without regard to subchapter VI of chapter 53, or comparable provisions of law), as determined by the Office of Personnel Management (under regulations prescribed by the Office) upon the request of the Secretary concerned; and "(ii) the employee is within the scope of an offer of voluntary early retirement (as defined by organizational unit, occupational series or level, geographical location, any other similar factor that the Office of Personnel Management determines appropriate, or any combination of such definitions of scope), as determined by the Secretary concerned under regulations prescribed by the Office.
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