114 STAT. 1654A-322 PUBLIC LAW 106-398—APPENDIX "(B) For the purposes of paragraph (2)(A)(i), a separation for failure to accept a directed reassignment to a position outside the commuting area of the employee concerned or to accompany a position outside of such area pursuant to a transfer of function may not be considered to be a removal for cause. "(3) For the purposes of paragraph (1), an employee referred to in that paragraph is eligible for an immediate annuity under this paragraph if the employee satisfies all of the following conditions: "(A) The employee is separated from the service voluntarily during a period in which the organization within the Department of Defense in which the employee is serving is undergoing a major organizational adjustment. "(B) The employee has been employed continuously by the Department of Defense for more than 30 days before the date on which the head of the employee's organization requests the determinations required under subparagraph (A). "(C) The employee is serving under an appointment that is not limited by time. "(D) The employee is not in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance. "(E) The employee is within the scope of an offer of voluntary early retirement, as defined on the basis of one or more of the following objective criteria: "(i) One or more organizational units, "(ii) One or more occupational groups, series, or levels, "(iii) One or more geographical locations. "(iv) Any other similar objective and nonpersonal criteria that the Office of Personnel Management determines appropriate. "(4) Under regulations prescribed by the Office of Personnel Management, the determinations of whether an employee meets— "(A) the requirements of subparagraph (A) of paragraph (3) shall be made by the Office upon the request of the Secretary of Defense; and "(B) the requirements of subparagraph (E) of such paragraph shall be made by the Secretary of Defense. "(5) A determination of which employees are within the scope of an offer of early retirement shall be made only on the basis of consistent and well-documented application of the relevant criteria. "(6) In this subsection, the term 'major organizational adjustment' means any of the following: "(A) A major reorganization. "(B) A major reduction in force. "(C) A major transfer of function. "(D) A workforce restructuring— "(i) to meet mission needs; "(ii) to achieve one or more reductions in strength; "(iii) to correct skill imbalances; or "(iv) to reduce the number of high-grade, managerial, supervisory, or similar positions.". (c) CONFORMING AMENDMENTS. — (1) Section 8339(h) of such title is amended by striking out "or (j)" in the first sentence and inserting "(j), or (o)".
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