Voluntary Separation Incentives
Pub. L. 106–303, § 2, Oct. 13, 2000, 114 Stat. 1064, as amended by Pub. L. 108–271, §§ 2(a), (b)(2), (c), 8(b), July 7, 2004, 118 Stat. 811, 814, provided that:
“(a) In General.—
Effective
October 13, 2000, the authority to provide voluntary separation incentive payments shall be available to the Comptroller General with respect to
employees of the
Government Accountability Office.
“(b) Terms and Conditions.—The authority to provide voluntary separation incentive payments under this section shall be available in accordance with the provisions of subsections (a)(2)–(e) of section 663 of the Treasury, Postal Service, and General Government Appropriations Act, 1997, as contained in Public Law 104–208 (5 U.S.C. 5597 note), except that—
“(1)
subsection (a)(2)(D) of such section shall be disregarded;
“(2) subsection (a)(2)(G) of such section shall be applied—
“(A)
by construing the citations therein to be references to the appropriate authorities in connection with
employees of the
Government Accountability Office; and
“(B)
by deeming such subsection to be amended by striking ‘Code.’ and inserting ‘Code, or who, during the thirty-six month period preceding the date of separation, performed service for which a student loan repayment benefit was or is to be paid under
section 5379 of title 5, United States Code.’
“(3)
subsection (b)(1) of such section shall be applied by substituting ‘Committee on Government Reform’ [now Committee on Oversight and Accountability] for ‘Committee on Government Reform and Oversight’;
“(4)
(A)
subsection (b)(2)(A) of such section shall be applied by substituting ‘eliminated (if any)’ for ‘eliminated’;
“(B)
subsection (b)(2)(C) of such section shall be applied by substituting ‘such positions or functions as are to be eliminated and such
employees as are to be separated’ for ‘the eliminated positions and functions’; and
“(C)
the agency strategic plan referred to in subsection (b) of such section shall, in addition to the information described in paragraph (2) thereof, contain the following: the steps to be taken to realign the Government Accountability Office’s workforce in order to meet budgetary constraints or mission needs, correct skill imbalances, or reduce high-grade, managerial, or supervisory positions;
“(5)
subsection (c)(1) of such section shall be applied by substituting ‘to the extent necessary (A) to realign the Government Accountability Office’s workforce in order to meet budgetary constraints or mission needs, (B) to correct skill imbalances, or (C) to reduce high-grade, managerial, or supervisory positions, in conformance with that agency’s strategic plan (as referred to in subsection (b)).’ for the matter following ‘only’;
“(6)
subsection (c)(2)(D) of such section shall be applied by substituting ‘
December 31, 2003, or the end of the 3-month period beginning on the date on which such payment is offered to such
employee, whichever is earlier’ for ‘
December 31, 1997’; and
“(7)
instead of the amount described in paragraph (1) of subsection (d) of such section, the amount required under such paragraph shall be determined in accordance with subsection (c)(1) of this section.
“(c) Additional Contribution to Retirement Fund.—
“(1) Determination of amount required.—The amount required under this paragraph shall be the amount determined under subparagraph (A) or (B), whichever is greater, for the fiscal year involved.
“(A) First method.—The amount required under this subparagraph shall be determined as follows:
“(i) First, determine the sum of the following:
“(II)
The amount equal to 58 percent of the
final basic pay of each
employee described in paragraph (2) who retires on an immediate annuity under section 8336 of such title 5 (not including any
employee covered by subclause (I)).
“(ii) Second, reduce the sum of the amounts determined under clause (i) by the sum of the following (but not below zero):
“(I)
The amount equal to 419 percent of the
final basic pay of each
employee described in paragraph (2), who is covered by subchapter III of
chapter 83 of title 5, United States Code, and who resigns.
“(II)
The amount equal to 17 percent of the
final basic pay of each
employee described in paragraph (2) who takes early retirement under section 8414(b) of such title 5.
“(III)
The amount equal to 8 percent of the
final basic pay of each
employee described in paragraph (2) who retires on an immediate annuity under section 8412 of such title 5.
“(IV)
The amount equal to 211 percent of the
final basic pay of each
employee described in paragraph (2), who is covered by chapter 84 of such title 5, and who resigns.
“(B) Second method.—
The amount required under this subparagraph shall be equal to 45 percent of the
final basic pay of each
employee described in paragraph (2).
“(2) Computations to be based on separations occurring in the fiscal year involved.—
The
employees described in this paragraph are those
employees who receive a voluntary separation incentive payment under this section based on their separating from service during the fiscal year involved.
“(3) Regulations.—
“(A) In general.—
The Office of Personnel Management shall prescribe any regulations necessary to carry out this subsection, including provisions under which any additional contribution determined under this subsection shall, at the election of the Government Accountability Office, be payable either in a lump sum or through installment payments made over a period of not to exceed 3 years.
“(B) Interest.—
The regulations shall include provisions under which, if the installment method is chosen, interest shall be payable at the same rate as provided for under
section 8348(f) of title 5, United States Code.
“(4) Rule of construction.—
As used in this subsection, the term ‘resign’ shall not be considered to include early retirement or a separation giving rise to an immediate annuity.
“(d) Definitions.—
“(1) Final basic pay.—
As used in this section, the term ‘
final basic pay’ has the same meaning as under section 663(d)(2) of the Treasury, Postal Service, and General Government Appropriations Act, 1997, as contained in
Public Law 104–208 (
5 U.S.C. 5597 note).
“(2) Employee.—
As used in this section and, for purposes of this section, the provisions of law cited in subsection (b), the term ‘
employee’ shall be considered to refer to an officer or
employee of the
Government Accountability Office.
“(e) Numerical Limitation.—
Not to exceed 5 percent of the Government Accountability Office’s workforce (as of the start of a fiscal year) shall be permitted to receive a voluntary separation incentive payment under this section based on their separating from service in such fiscal year.
“(f) Regulations.—The Comptroller General shall prescribe any regulations necessary to carry out this section, excluding subsection (c). Such regulations shall include provisions under which a voluntary separation incentive payment may be offered to any employee or group of employees based on—
“(1)
geographic area, organizational unit, or occupational series or level;
“(2)
skills, knowledge, or performance; or
“(3)
such other similar factors (or combination of factors described in this or any other paragraph of this subsection) as the Comptroller General considers necessary and appropriate in order to achieve the purpose involved.
“(g) Sense of Congress.—
It is the sense of Congress that the implementation of this section is intended to reshape the Government Accountability Office workforce and not downsize the Government Accountability Office workforce.”
Pub. L. 106–117, title XI, Nov. 30, 1999, 113 Stat. 1595, as amended by Pub. L. 106–419, title II, § 207, Nov. 1, 2000, 114 Stat. 1842, known as the “Department of Veterans Affairs Employment Reduction Assistance Act of 1999”, authorized the Secretary of Veterans Affairs to submit a plan to the Director of the Office of Management and Budget for the payment of voluntary separation incentive payments, and upon approval thereof to pay voluntary separation incentive payments to eligible employees of the Department of Veterans Affairs only to the extent necessary to reduce or restructure the positions and functions identified by the plan, provided that the employees separate from service with the Department through Dec. 31, 2002, whether by retirement or resignation, defined “employee” for separation incentive purposes, and provided for additional contributions to the Retirement Fund, effect of subsequent employment with the Federal Government, and effect on agency employment levels.
Pub. L. 106–113, div. B, § 1000(a)(2) [title V, § 579], Nov. 29, 1999, 113 Stat. 1535, 1501A–113, as amended by Pub. L. 106–429, § 101(a) [title V, § 584], Nov. 6, 2000, 114 Stat. 1900, 1900A–56; Pub. L. 107–115, title V, § 575, Jan. 10, 2002, 115 Stat. 2168; Pub. L. 108–7, div. E, title V, § 571, Feb. 20, 2003, 117 Stat. 208, authorized voluntary separation incentives for employees of the United States Agency for International Development who voluntarily separated (whether by retirement or resignation) on or before Jan. 1, 2003, and defined pertinent terms, provided for the development of an agency strategic plan and the approval of such plan by the Director of the Office of Management and Budget, required additional agency contributions to the Retirement Fund, specified the effect of subsequent employment with the Federal Government, mandated a reduction of agency employment levels, and authorized the Office of Personnel Management to prescribe regulations to implement these provisions.
Pub. L. 106–65, div. C, title XXXI, § 3161, Oct. 5, 1999, 113 Stat. 942, as amended by Pub. L. 107–107, div. C, title XXXI, § 3153(a), Dec. 28, 2001, 115 Stat. 1377, provided that notwithstanding section 101(f) [title VI, § 663(c)(2)(D)] of Public Law 104–208, set out below, Department of Energy could pay voluntary separation incentive payments under such section 663 to qualifying employees who voluntarily separated (whether by retirement or resignation) before Jan. 1, 2004, and that not later than Mar. 15, 2000, Secretary of Energy was to submit to Director of Office of Personnel Management and Congress a report describing how the Department has paid voluntary separation payments under such section 663.
[Pub. L. 107–107, div. C, title XXXI, § 3153(b), Dec. 28, 2001, 115 Stat. 1377, provided that:
“The amendment made by subsection (a) [amending
section 3161 of Pub. L. 106–65, set out above] may be superseded by another provision of law that takes effect after the date of the enactment of this Act [
Dec. 28, 2001], and before
January 1, 2004, establishing a uniform system for providing voluntary separation incentives (including a system for requiring approval of plans by the
Office of Management and Budget) for
employees of the Federal Government.”
]
Pub. L. 106–58, title I, § 116, Sept. 29, 1999, 113 Stat. 439, authorized the Treasury Inspector General for Tax Administration, during the period from Oct. 1, 1999 through Jan. 1, 2003, to offer voluntary separation incentives in order to provide the necessary flexibility to carry out the plan to establish and reorganize the Office of the Treasury Inspector General for Tax Administration, defined “employee” for separation incentive purposes, and provided for authority to provide separation incentive payments, additional contributions to the Retirement Fund, effect of subsequent employment with the Federal Government, and effect on agency employment levels.
Pub. L. 106–58, title I, § 119, Sept. 29, 1999, 113 Stat. 441, authorized the Commissioner of the Financial Management Services of the Department of the Treasury, during the period from Oct. 1, 1999 through Jan. 31, 2000, to offer voluntary separation incentives in order to provide the necessary flexibility to carry out the closure of the Chicago Financial Center (CFC) in a manner which the Commissioner deemed most efficient, equitable to employees, and cost effective to the Government, defined “employee” for separation incentive purposes, and provided for an agency plan, authority to provide separation incentive payments, eligibility requirements, effect on subsequent employment with the Federal Government, contributions to the Retirement Fund, and reduction of agency employment levels.
Pub. L. 106–58, title IV, § 411, Sept. 29, 1999, 113 Stat. 456, as amended by Pub. L. 106–554, § 1(a)(3) [title IV, § 408], Dec. 21, 2000, 114 Stat. 2763, 2763A–146, authorized the Administrator of General Services, during the period Oct. 1, 1999 through Apr. 30, 2002, to offer a voluntary separation incentive in order to provide the necessary flexibility to carry out the closing of the Federal Supply Service distribution centers, forward supply points, and associated programs in a manner which the Administrator deemed most efficient, equitable to all employees, and cost effective for the Government, defined “employee” for separation incentive purposes, and provided for agency strategic plan, authority to provide incentive payments, eligibility requirements, effect of subsequent employment with the Federal Government, contributions to the Retirement Fund, and reduction of agency employment levels.
Pub. L. 105–261, div. C, title XXXI, § 3156, Oct. 17, 1998, 112 Stat. 2257, provided that notwithstanding section 101(f) [title VI, § 663(c)(2)(D)] of Public Law 104–208, set out below, Department of Energy could pay voluntary separation incentive payments to qualifying employees who voluntarily separated (whether by retirement or resignation) before Jan. 1, 2001.
Pub. L. 105–206, title I, § 1202, July 22, 1998, 112 Stat. 719, authorized Commissioner of Internal Revenue to pay voluntary separation incentive payments to any qualifying employee of the Internal Revenue Service who voluntarily separated (whether by retirement or resignation) before Jan. 1, 2003, provided for pertinent definitions, additional Internal Revenue Service contributions to the Retirement Fund, effect of subsequent employment with the Government, and effect on Internal Revenue Service employment levels.
Pub. L. 104–208, div. A, title I, § 101(e) [title V, § 520], Sept. 30, 1996, 110 Stat. 3009–233, 3009–272, as amended by Pub. L. 105–78, title V, § 517, Nov. 13, 1997, 111 Stat. 1519; Pub. L. 106–113, div. B, § 1000(a)(4) [title V, § 515], Nov. 29, 1999, 113 Stat. 1535, 1501A–276, authorized Railroad Retirement Board and Office of Inspector General of Railroad Retirement Board to provide voluntary separation incentive payments to any qualifying employee who voluntarily separated (whether by retirement or resignation) before Mar. 31, 2000, directed the Railroad Retirement Board, prior to obligating any resources for voluntary separation incentive payments, to submit to Congress a strategic plan outlining intended use of such incentive payments and a proposed organizational chart for agency once such incentive payments have been completed, and further provided for pertinent definitions, additional contributions to the Retirement Fund, effect of subsequent employment with the Government, reduction of agency employment levels, and that program would take effect Oct. 1, 1996.
Pub. L. 104–208, div. A, title I, § 101(f) [title VI, § 663], Sept. 30, 1996, 110 Stat. 3009–314, 3009–383, provided that:
“(a) Definitions.—For the purposes of this section—
“(1)
the term ‘agency’ means any Executive agency (as defined in
section 105 of title 5, United States Code), other than an Executive agency (except an agency receiving such authority in the
Department of Transportation Appropriations Act, 1997 [probably means the
Department of Transportation and Related Agencies Appropriations Act, 1997,
Pub. L. 104–205, see Tables for classification]) that is authorized by any other provision of this Act or any other Act to provide voluntary separation incentive payments during all, or any part of, fiscal year 1997; and
“(2) the term ‘employee’ means an employee (as defined by section 2105 of title 5, United States Code) who is employed by an agency, is serving under an appointment without time limitation, and has been currently employed for a continuous period of at least 3 years, but does not include—
“(A)
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;
“(B)
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
chapter 84 of title 5, United States Code, or another retirement system for
employees of the agency;
“(C)
an
employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance;
“(E)
an
employee who has previously received any voluntary separation incentive payment by the Federal Government under this section or any other authority and has not repaid such payment;
“(F)
an
employee covered by statutory reemployment rights who is on transfer to another organization; or
“(G)
any
employee who, during the twenty four month period preceding the date of separation, has received a recruitment or relocation bonus under
section 5753 of title 5, United States Code, or who, within the twelve month period preceding the date of separation, received a retention allowance under
section 5754 of title 5, United States Code.
“(b) Agency Strategic Plan.—
“(1) In general.—
The head of each agency, prior to obligating any resources for voluntary separation incentive payments, shall submit to the House and Senate Committees on Appropriations and the Committee on Governmental Affairs [now Committee on Homeland Security and Governmental Affairs] of the Senate and the Committee on Government Reform and Oversight [now Committee on Oversight and Accountability] 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 section may be paid by an agency to any
employee 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—
“(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—
“(ii)
an amount determined by the agency head not to exceed $25,000;
“(D)
may not be made except in the case of any qualifying
employee who voluntarily separates (whether by retirement or resignation) before
December 31, 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.
“(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 of title 5, United States Code, an 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 section.
“(2) Definition.—
For the purpose of paragraph (I), 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 section and accepts any employment for compensation with the Government of the United States, or who works for any agency of the United States Government 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 section. For the purposes of this subsection, positions shall be counted on a full-time-equivalent basis.
“(2) Enforcement.—
The 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.
“(g) Effective Date.—
This section shall take effect October 1, 1996.”
Pub. L. 104–205, title III, § 349, Sept. 30, 1996, 110 Stat. 2976, authorized certain agencies of Department of Transportation to provide voluntary separation incentive payments to any qualifying employee, provided that no amount would be payable based on any separation occurring before Sept. 30, 1996, or after Sept. 30, 1997, directed agencies to submit to Congress a strategic plan outlining intended use of such incentive payments and proposed organization chart for agency once such incentive payments have been completed, and further provided for definitions, additional agency contributions to the Retirement Fund, effect of subsequent employment with the Government, reductions of agency employment levels, and that program would take effect Oct. 1, 1996.
Pub. L. 104–204, title IV, § 432, Sept. 26, 1996, 110 Stat. 2931, as amended by Pub. L. 106–377, § 1(a)(1) [title IV, § 428], Oct. 27, 2000, 114 Stat. 1441, 1441A–56, known as the “National Aeronautics and Space Administration Federal Employment Reduction Assistance Act of 1996”, authorized the Administrator of the National Aeronautics and Space Administration (NASA), in order to avoid or minimize the need for involuntary separations due to a reduction in force, installation closure, reorganization, transfer of function, or other similar action affecting NASA, to establish a program under which voluntary separation pay, subject to the availability of appropriated funds, be offered to encourage eligible employees to separate from service by retirement or resignation up to Sept. 30, 2002, defined terms, provided for effect of subsequent employment with the Federal Government, required additional agency contributions to the Retirement Fund, reduced agency employment levels, and required an annual report on the program to be submitted to the Office of Personnel Management.
Pub. L. 104–190, § 1, Aug. 20, 1996, 110 Stat. 1932, authorized Agency for International Development to provide voluntary separation incentive payments to not more than 100 qualified employees of such agency who voluntarily separated (whether by retirement or resignation) before Feb. 1, 1997, and only to extent necessary to eliminate positions and functions identified by strategic plan to be submitted to Congress outlining intended use of such incentive payments and proposed organizational chart for agency once such incentive payments have been completed, and further provided for definitions, amount and treatment of payments, additional agency contributions to the Retirement Fund, effect of subsequent employment with the Government, and reduction of agency employment levels.
Pub. L. 104–180, title VII, § 735, Aug. 6, 1996, 110 Stat. 1604, authorized Department of Agriculture to provide voluntary separation incentive payments to qualified employees to extent necessary to eliminate positions and functions identified by strategic plan to be submitted to Congress outlining intended use of such incentive payments and proposed organizational chart for agency once such incentive payments have been completed, provided that no amount would be payable based on any separation occurring before Aug. 6, 1996, or after Sept. 30, 2000, and further provided for definitions, amount and treatment of payments, additional agency contributions to the Retirement Fund, effect of subsequent employment with the Government, reduction of agency employment levels, and that program would take effect Oct. 1, 1996.
Pub. L. 104–134, title I, § 101(c) [title III, § 339], Apr. 26, 1996, 110 Stat. 1321–156, 1321–210; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, provided that, in order to avoid or minimize need for involuntary separations due to reduction in force, reorganization, transfer of function, or other similar action, Secretary of the Smithsonian Institution could pay, or authorize payment of, voluntary separation incentive payments to Smithsonian Institution employees who separated from Federal service voluntarily through Oct. 1, 1996 (whether by retirement or resignation).
Pub. L. 104–19, title I, § 702, July 27, 1995, 109 Stat. 221, provided that General Accounting Office could for such employees as it deemed appropriate authorize payment to employees who voluntarily separated before Oct. 1, 1995, whether by retirement or resignation, which payment would be paid in accordance with provisions of subsection (d) of this section.
Pub. L. 103–226, § 3, Mar. 30, 1994, 108 Stat. 112, authorized Executive agencies (other than Department of Defense, Central Intelligence Agency, or General Accounting Office) to provide voluntary separation incentive payments to qualified employees of such agencies in order to avoid or minimize need for involuntary separations due to reduction in force, reorganization, transfer of function, or other similar action, provided that in order to receive incentive payment, employee must have separated from service with agency (whether by retirement or resignation) before Apr. 1, 1995, or, under certain circumstances, not later than Mar. 31, 1997, and further provided for definitions, amount and treatment of payments, effect of subsequent employment with the Government, regulations, and authority for Director of Administrative Office of the United States Courts to establish similar program for individuals serving in the judicial branch.
