PUBLIC LAW 106-58—SEPT. 29, 1999 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— 69-194-01- l6:QL3Part 1
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