PUBLIC LAW 107-296—NOV. 25, 2002 116 STAT. 2295 "(2)(A) has been employed continuously, by the agency in which the employee is serving, for at least the 31-day period ending on the date on which such agency requests the determination referred to in subparagraph (D); "(B) is serving under an appointment that is not time limited; "(C) has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance; "(D) is separated from the service voluntarily during a Regulations. period in which, as determined by the office of Personnel Management (upon request of the agency) under regulations prescribed by the Office— "(i) such agency (or, if applicable, the component in which the employee is serving) is undergoing substantial delayering, substantial reorganization, substantial reductions in force, substantial transfer of function, or other substantial workforce restructuring (or shaping); "(ii) a significant percentage of employees servicing in such agency (or component) are likely 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); or "(iii) identified as being in positions which are becoming surplus or excess to the agency's future ability to carry out its mission effectively; and "(E) as determined by the agency under regulations prescribed by the Office, is within the scope of the offer of voluntary early retirement, which may be made on the basis of— "(i) 1 or more organizational units; "(ii) 1 or more occupational series or levels; "(iii) 1 or more geographical locations; "(iv) specific periods; "(v) skills, knowledge, or other factors related to a position; or "(vi) any appropriate combination of such factors;". (2) FEDERAL EMPLOYEES' RETIREMENT SYSTEM.— Section 8414(b)(1) of title 5, United States Code, is amended by striking subparagraph (B) and inserting the following: "(B)(i) has been employed continuously, by the agency in which the employee is serving, for at least the 31- day period ending on the date on which such agency requests the determination referred to in clause (iv); "(ii) is serving under an appointment that is not time limited; "(iii) has not been duly notified that such employee is to be involuntarily separated for misconduct or unacceptable performance; "(iv) is separate from the service voluntarily during Regulations. a period in which, as determined by the Office of Personnel Management (upon request of the agency) under regulations prescribed by the Office— "(I) such agency (or, if applicable, the component in which the employee is serving) is undergoing substantial delayering, substantial reorganization, substantial reductions in force, substantial transfer of
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