Pub. L. 106-117, tit. XI, sec. 1103
VOLUNTARY SEPARATION INCENTIVE PAYMENTS.
SEC. 1103. VOLUNTARY SEPARATION INCENTIVE PAYMENTS. (a) Authority To Pay Voluntary Separation Incentive Payments.—(1)The Secretary may pay a voluntary separation incentive payment to an eligible employee only— (A) to the extent necessary to reduce or restructure the positions and functions identified by the plan approved under section 1102; and 113 STAT. 1597 (B) if the Under Secretary concerned, or the head of the staff office concerned, approves the payment of the voluntary separation incentive payment to that employee. (2) In order to receive a voluntary separation incentive payment under this title, an employee must separate from service with the Department voluntarily (whether by retirement or resignation) under the provisions of this title. (b) Amount and Treatment of Payments.—A voluntary separation incentive payment— (1) shall be paid in a lump sum after the employee’s separation under this title; (2) shall be in an amount equal to the lesser of— (A) 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 that section (without adjustment for any previous payment made under that section); or (B) an amount determined by the Secretary, not to exceed $25,000; (3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; and (4) shall not be taken into account in determining the amount of severance pay to which an employee may be entitled under section 5595 of title 5, United States Code, based on any other separation. (c) Source of Funds.—Voluntary separation incentive payments under this title shall be paid from the appropriations or funds available for payment of the basic pay of the employees of the Department.