Voluntary Separation Incentive Payment for Employees of the General Services Administration.

Sec. 411. Voluntary Separation Incentive Payment for Employees of the General Services Administration. (a) Authority.—During the period October 1, 1999, through April 30, 2001, the Administrator of General Services is authorized to offer a voluntary separation incentive in order to provide the necessary flexibility to carry out the closing of the Federal Supply 113 STAT. 457 Service distribution centers, forward supply points, and associated programs in a manner which the Administrator shall deem most efficient, equitable to all employees, and cost effective for the Government. (b) Definition.—In this section, the term “employee” means an employee (as defined by 5 U.S.C. 2105) who is employed by GSA under an appointment without time limitation, and has been so employed continuously for a period of at least 3 years, but does not include— (1) a reemployed annuitant under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, or another retirement system; (2) an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under the retirement systems referred to in paragraph (1) or another retirement system for employees of the Government; (3) an employee who is in receipt of a specific notice of involuntary separation for misconduct or unacceptable performance; (4) an employee who has previously received any voluntary separation incentive payment from an agency or instrumentality of the Government of the United States under any authority; (5) an employee covered by statutory reemployment rights who is on transfer to another organization; or (6) 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 who, within the 12 month period preceding the date of separation, has received and not repaid a retention allowance under section 5754 of that title. (c) Agency Strategic Plan.—The Administrator of General Services, prior to obligating any resources for voluntary separation incentive payments, shall submit to the Office of Management and Budget 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.(1) The agency’s plan shall include:(A) the specific positions and functions to be reduced or eliminated; (B) a proposed coverage for offers of incentives; (C) the time period during which incentives may be paid; (D) the number and amounts of voluntary separation incentive payments to be offered; and (E) a description of how the agency will operate without the eliminated positions and functions. (2) The Director of the Office of Management and Budget shall review the agency’s plan and approve or disapprove such plan, and may make any appropriate modifications in the plan. (d) Authority to Provide Voluntary Separation Incentive Payments.—(1) The agency head may pay a voluntary separation incentive payment under this section to an employee only in accordance with the strategic plan under subsection (c). (2) A voluntary separation incentive payment—113 STAT. 458 (A) shall be offered to agency employees on the basis of organizational unit, occupational series or level, geographic location, other nonpersonal factors, or an appropriate combination of such factors; (B) shall be paid in a lump sum after the employee’s separation; (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 (without adjustment for any previous payment made); or (ii) an amount determined by the agency head, not to exceed $25,000. (D) may be made only in the case of an employee who voluntarily separates (whether by retirement or resignation) under the provisions of this section; (E) shall not be a basis for payment, and shall not be included in the computation of any other type of Government benefit; (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; and (G) shall be paid from appropriations or funds available for the payment of the basic pay of the employee. (e) Eligibility for Payments.—Payments under this section may be made to any qualifying employee who voluntarily separates, whether by retirement or resignation, between October 1, 1999 through April 30, 2001. (f) Effect of Subsequent Employment With the Government.—(1) 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 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. (2) (A) If the employment under this subsection is with an Executive agency (as defined by section 105 of title 5, United States Code, but excluding the General Accounting Office), the United States Postal Service, or the Postal Rate Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (B) If the employment under this subsection is with an entity in the Legislative Branch, the head of the entity or the appointing official may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (C) If the employment under this subsection is with the Judicial Branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the 113 STAT. 459individual involved possesses unique abilities and is the only qualified applicant available for the position. (D) Employment under a personal services contract with the Government of the United States shall be included in the term “employment” with respect to paragraph (1), but shall be excluded with respect to paragraph (2). (g) Contributions to the Retirement Fund.— (1) 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 General Services Administration shall remit to the Office of Personnel Management for deposit in the Treasury to the credit of the Civil Service Retirement and Disability Fund an amount equal to 15 percent of the final annual basic pay for each employee 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) 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. (h) Reduction of Agency Employment Levels.— (1) 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) The Director of the Office of Management and Budget shall monitor the agency and take any action necessary to ensure that the requirement of this subsection is met. (3) At the request of the Administrator of General Services, the Office of Management and Budget may waive the application of paragraph (1) if he or she determines that the plan required by subsection (c) satisfactorily demonstrates downsizing or other restructuring within GSA that would produce a cost-effective result.