Chapter 35, Subchapter II, Section 3521 · 5 U.S.C. Chapter 35 — RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT

Contents

3521Definitions#

In this subchapter, the term—

(1)“agency” means an Executive agency as defined under section 105 (other than the Government Accountability Office); and

(2)“employee”—

(A)means an employee as defined under section 2105 employed by an agency and an individual employed by a county committee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) who—

(i)is serving under an appointment without time limitation; and

(ii)has been currently employed for a continuous period of at least 3 years; and

(B)shall not include—

(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 reemployment 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.

United States Government work; public domain under 17 U.S.C. § 105.

Defined terms · 9

Show every defined term

a retired member of a uniformed service
means a member or former member of a uniformed service who is entitled, under statute, to retired, retirement, or retainer pay on account of his service as such a member;
active service
has the meaning given it by section 101 of title 37;
agency
means an Executive agency as defined under section 105 (other than the Government Accountability Office);
employee
means an employee in or under an agency;
furlough
means the placement of a senior executive in a temporary status in which the senior executive has no duties and is not paid when the placement in such status is by reason of insufficient work or funds or for other nondisciplinary reasons.
international organization
means a public international organization or international-organization preparatory commission in which the Government of the United States participates;
reduction in force
includes the elimination or modification of a position due to a reorganization, due to a lack of funds or curtailment of work, or due to any other factor.
reemployment
means— following a term of employment not extending beyond the period named by the head of the agency at the time of consent to transfer or, in the absence of a named period, not extending beyond the first 5 consecutive years, or any extension thereof, after entering the employ of the international organization.
transfer
means the change of position by an employee from an agency to an international organization;