116 STAT. 2292 PUBLIC LAW 107-296—NOV. 25, 2002 "(i) a reemployed annuitant under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government; "(ii) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government; "(iii) an employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance; "(iv) an employee who has previously received any voluntary separation incentive payment from the Federal Government under this subchapter or any other authority; "(v) an employee covered by statutory reemploy- ment rights who is on transfer employment with another organization; or "(vi) any employee who— "(I) during the 36-month period preceding the date of separation of that employee, performed service for which a student loan repayment benefit was or is to be paid under section 5379; "(II) during the 24-month period preceding the date of separation of that employee, performed service for which a recruitment or relocation bonus was or is to be paid under section 5753; or "(III) during the 12-month period preceding the date of separation of that employee, performed ' service for which a retention bonus was or is to be paid under section 5754. "§ 3522. Agency plans; approval "(a) Before obligating any resources for volimtary separation incentive payments, the head of each agency shall submit to the Office of Personnel Management a plan outlining the intended use of such incentive payments and a proposed organizational chart for the agency once such incentive payments have been completed. "(b) The plan of an agency under subsection (a) shall include— "(1) the specific positions and functions to be reduced or eliminated; "(2) a description of which categories of employees will be offered incentives; "(3) the time period during which incentives may be paid; "(4) the number and amounts of voluntary separation incentive payments to be offered; and "(5) a description of how the agency will operate without the eliminated positions and functions. "(c) The Director of the Office of Personnel Management shall review each agency's plan an may make any appropriate modifications in the plan, in consultation with the Director of the Office of Management and Budget. A plan under this section may not be implemented without the approval of the Directive of the Office of Personnel Management.
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