113 STAT. 458 PUBLIC LAW 106-58 —SEPT. 29, 1999 (A) shall be offered to agency employees on the basis of organizational unit, occupational series or level, geographic location, other nonpersonal factors, or an appropriate combination of such factors; (B) shall be paid in a lump sum after the employee's separation; (C) shall be equal to the lesser of— (i) 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 (without adjustment for any previous payment made); or (ii) an amount determined by the agency head, not to exceed $25,000. (D) may be made only in the case of an employee who voluntarily separates (whether by retirement or resignation) under the provisions of this section; (E) shall not be a basis for payment, and shall not be included in the computation of any other t5TDe of Government benefit; (F) shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595 of title 5, United States Code, based on any other separation; and (G) shall be paid from appropriations or funds available for the payment of the basic pay of the employee. (e) ELIGIBILITY FOR PAYMENTS. —Payments under this section may be made to any qualifying employee who voluntarily separates, whether by retirement or resignation, between October 1, 1999 through April 30, 2001. (f) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERN- MENT.— (1) An individual who has received a voluntary separation incentive payment under this section and accepts any employ- ment for compensation 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 pay, prior to the individual's first day of employment, the entire amount of the incentive payment to the agency that paid the incentive pay- ment. (2)(A) If the employment under this subsection is with an Executive agency (as defined by section 105 of title 5, United States Code, but excluding the General Accounting Office), 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 repa5anent if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (B) If the employment under this subsection 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. (C) If the employment under this subsection is with the Judicial Branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the
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