12 2 STA T .35 5 PUBLIC LA W 11 0– 1 8 1 —J A N .28 , 2008 employ me ntwi t h the G o v e r nment o f the U nite dS t a te s, or who c ommences wor k thro ug h a personal services contract with the United States within 5 years after the date of the separation on which payment of the separation pay is b ased, shall be re q uired to repay the entire amount of the separation pay to the D epartment of Defense .I f the employment is with an Ex ecutive agency ( as defined by section 10 5 ) other than the Department of Defense, the Director may, at the request of the head of that agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. If the employment is within the Department of Defense, the Secretary may waive the repay - ment if the individual involved is the only qualified applicant available for the position. 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. If the employment is with the j udicial branch, the Director of the A dministrative O ffice of the United States C ourts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. ‘ ‘( 7 ) Under this program, early retirement and separation pay may be offered only pursuant to regulations established by the Secretary, subject to such limitations or conditions as the Secretary may require. ‘‘(h) PROVIS IO N S RELAT IN G TO REE MP LO Y MENT. — ‘‘(1) Except as provided under paragraph ( 2 ), if an annu- itant receiving an annuity from the Civil Service Retirement and Disability F und becomes employed in a position within the Department of Defense, his annuity shall continue. An annuitant so reemployed shall not be considered an employee for purposes of subchapter III of chapter 83 or chapter 8 4 . ‘‘(2)(A) An annuitant retired under section 833 6 (d)(1) or 8414(b)(1)(A) receiving an annuity from the Civil Service Retire- ment and Disability Fund, who becomes employed in a position within the Department of Defense after the date of enactment of the N ational Defense Authori z ation Act for Fiscal Y ear 2004 (Public L aw 108 – 136), may elect to be subject to section 8344 or 8468 (as the case may be). ‘‘( B ) An election for coverage under this paragraph shall be filed not later than the later of 9 0 days after the date the Department of Defense— ‘‘(i) prescribes regulations to carry out this subsection
or ‘‘(ii) takes reasonable actions to notify employees who may file an election. ‘‘(C) If an employee files an election under this paragraph, coverage shall be effective beginning on the first day of the first applicable pay period beginning on or after the date of the filing of the election. ‘‘(D) Paragraph (1) shall apply to an individual who is eligible to file an election under subparagraph (A) and does not file a timely election under subparagraph (B). ‘‘(3) T he Secretary shall prescribe regulations to carry out this subsection. Regulations.Ap pli c a b ilit y . Ef fecti v e d ate. N otification. D eadline.
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