ELIGIBLE EMPLOYEES.

SEC. 1110. ELIGIBLE EMPLOYEES. For purposes of this title: (1) In general.—Except as provided in paragraph (2), the term “eligible employee” means an employee (as defined by section 2105 of title 5, United States Code) of the Department of Veterans Affairs, who is serving under an appointment without time limitation and has been employed by the Department as of the date of separation under this title for a continuous period of at least three years. (2) Exceptions.—Such term does not include the following: (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 Government. (B) An employee having a disability on the basis of which such employee is 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 Government. (C) An employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance. (D) An employee who previously has received any voluntary separation incentive payment by the Government under this title or any other authority. (E) An employee covered by statutory reemployment rights who is on transfer to another organization. (F) An employee who, during the 24-month period preceding the date of separation, has received a recruitment or relocation bonus under section 5753 of title 5, United States Code, or a recruitment bonus under section 7458 of title 38, United States Code. (G) An employee who, during the 12-month period preceding the date of separation, received a retention allowance under section 5754 of title 5, United States Code, or a retention bonus under section 458 of title 38, United States Code. 113 STAT. 1600 (H) An employee who, during the 24-month period preceding the date of separation, was relocated at the expense of the Federal Government.