112 STAT. 2144 PUBLIC LAW 105-261—OCT. 17, 1998 "(3) In this subsection, the term 'Secretary concerned' means— "(A) the Secretary of Defense, with respect to an employee of the Department of Defense not employed in a position in a military department; "(B) the Secretary of the Army, with respect to an employee of the Department of the Army; "(C) the Secretary of the Navy, with respect to an employee of the Department of the Navy; and "(D) the Secretary of the Air Force, with respect to an employee of the Department of the Air Force.". (b) FEDERAL EMPLOYEES' RETIREMENT SYSTEM.—Section 8414 of such title is amended— (1) in subsection (b)(1)(B), by inserting "except in the case of an employee described in subsection (d)(1)," after "(B)"; and (2) by adding at the end the following: "(d)(1) 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. Applicability. "(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 Regulations. "(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. "(3) In this subsection, the term 'Secretary concerned' means— "(A) the Secretary of Defense, with respect to an employee of the Department of Defense not employed in a position in a military department; "(B) the Secretary of the Army, with respect to an employee of the Department of the Army;
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