[104th Congress Public Law 190]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ190.104]
[[Page 1931]]
AGENCY FOR INTERNATIONAL DEVELOPMENT VOLUNTARY SEPARATION INCENTIVE
PAYMENTS
[[Page 110 STAT. 1932]]
Public Law 104-190
104th Congress
An Act
To authorize the Agency for International Development to offer voluntary
separation incentive payments to employees of that agency. <<NOTE: Aug.
20, 1996 - [H.R. 3870]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION <<NOTE: 5 USC 5597 note.>> 1. VOLUNTARY SEPARATION INCENTIVES
FOR EMPLOYEES OF THE AGENCY FOR INTERNATIONAL DEVELOPMENT.
(a) Definitions.--For the purposes of this Act--
(1) the term ``agency'' means the Agency for International
Development;
(2) the term ``Administrator'' means the Administrator,
Agency for International Development; and
(3) the term ``employee'' means an employee (as defined by
section 2105 of title 5, United States Code) who is employed by
the agency, is serving under an appointment without time
limitation, and has been currently employed for a continuous
period of at least 12 months, but does not include--
(A) any employee who, upon separation and
application, would then be eligible for an immediate
annuity under subchapter III of chapter 83 (except for
section 8336(d)(2)) or chapter 84 (except for section
8414(b)(1)(B)) of title 5, United States Code, or
corresponding provisions of another retirement system
for employees of the agency;
(B) a reemployed annuitant under subchapter III of
chapter 83 or chapter 84 of title 5, United States Code,
or another retirement system for employees of the
agency;
(C) an employee having a disability on the basis of
which such employee is or would be eligible for
disability retirement under the applicable retirement
system referred to in subparagraph (A);
(D) an employee who is to be separated involuntarily
for misconduct or unacceptable performance, and to whom
specific notice has been given with respect to that
separation;
(E) an employee who, upon completing an additional
period of service, as referred to in section
3(b)(2)(B)(ii) of the Federal Workforce Restructuring
Act of 1994 (5 U.S.C. 5597 note), would qualify for a
voluntary separation incentive payment under section 3
of such Act;
(F) an employee who has previously received any
voluntary separation incentive payment by the Government
of the United States under this Act or any other
authority and has not repaid such payment;
[[Page 110 STAT. 1933]]
(G) an employee covered by statutory reemployment
rights who is on transfer to another organization; or
(H) any employee who, during the 24-month period
preceding the date of separation, received a recruitment
or relocation bonus under section 5753 of title 5,
United States Code, or who, within the 12-month period
preceding the date of separation, received a retention
allowance under section 5754 of such title 5.
(b) Agency Strategic Plan.--
(1) In general.--The Administrator, before obligating any
resources for voluntary separation incentive payments under this
Act, shall submit to the House and Senate Committees on
Appropriations and the Committee on Governmental Affairs of the
Senate and the Committee on Government Reform and Oversight of
the House of Representatives a strategic plan outlining the
intended use of such incentive payments and a proposed
organizational chart for the agency once such incentive payments
have been completed.
(2) Contents.--The agency's plan shall include--
(A) the positions and functions to be reduced or
eliminated, identified by organizational unit,
geographic location, occupational category and grade
level;
(B) the number and amounts of voluntary separation
incentive payments to be offered; and
(C) a description of how the agency will operate
without the eliminated positions and functions.
(c) Authority To Provide Voluntary Separation Incentive Payments.--
(1) In general.--A voluntary separation incentive payment
under this Act may be paid by the agency to not more than 100
employees of such agency and only to the extent necessary to
eliminate the positions and functions identified by the
strategic plan.
(2) Amount and treatment of payments.--A voluntary
separation incentive payment under this Act--
(A) shall be paid in a lump sum after the employee's
separation;
(B) shall be paid from appropriations or funds
available for the payment of the basic pay of the
employees;
(C) shall be equal to the lesser of--
(i) an amount equal to the amount the employee
would be entitled to receive under section 5595(c)
of title 5, United States Code, if the employee
were entitled to payment under such section; or
(ii) an amount determined by the agency head
not to exceed $25,000;
(D) may not be made except in the case of any
employee who voluntarily separates (whether by
retirement or resignation) before February 1, 1997;
(E) shall not be a basis for payment, and shall not
be included in the computation, of any other type of
Government benefit; and
(F) shall not be taken into account in determining
the amount of any severance pay to which the employee
may be entitled under section 5595 of title 5, United
States Code, based on any other separation.
[[Page 110 STAT. 1934]]
(d) Additional Agency Contributions to the Retirement Fund.--
(1) In general.--In addition to any other payments which it
is required to make under subchapter III of chapter 83 or
chapter 84 of title 5, United States Code, the agency shall
remit to the Office of Personnel Management for deposit in the
Treasury of the United States to the credit of the Civil Service
Retirement and Disability Fund an amount equal to 15 percent of
the final basic pay of each employee of the agency who is
covered under subchapter III of chapter 83 or chapter 84 of
title 5, United States Code, to whom a voluntary separation
incentive has been paid under this Act.
(2) Definition.--For the purpose of paragraph (1), the term
``final basic pay'', with respect to an employee, means the
total amount of basic pay which would be payable for a year of
service by such employee, computed using the employee's final
rate of basic pay, and, if last serving on other than a full-
time basis, with appropriate adjustment therefor.
(e) Effect of Subsequent Employment With the Government.--An
individual who has received a voluntary separation incentive payment
under this Act and accepts any employment for compensation with the
Government of the United States, or who works for any agency of the
Government of the United States through a personal services contract,
within 5 years after the date of the separation on which the payment is
based shall be required to pay, prior to the individual's first day of
employment, the entire amount of the incentive payment to the agency
that paid the incentive payment.
(f) Reduction of Agency Employment Levels.--
(1) In general.--The total number of funded employee
positions in the agency shall be reduced by one position for
each vacancy created by the separation of any employee who has
received, or is due to receive, a voluntary separation incentive
payment under this Act. For the purposes of this subsection,
positions shall be counted on a full-time-equivalent basis.
[[Page 110 STAT. 1935]]
(2) Enforcement.--The <<NOTE: President.>> President,
through the Office of Management and Budget, shall monitor the
agency and take any action necessary to ensure that the
requirements of this subsection are met.
Approved August 20, 1996.
LEGISLATIVE HISTORY--H.R. 3870:
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CONGRESSIONAL RECORD, Vol. 142 (1996):
July 29, considered and passed House.
Aug. 2, considered and passed Senate.
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