108 STAT. 114 PUBLIC LAW 103-226—MAR. 30, 1994 (3) shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit; (4) shall not be taken into account in determining the amount of any severance pay to which an employee may be entitled under section 5595 of title 5, United States Code, based on any other separation; and (5) shall be paid from appropriations or funds available for the payment of the basic pay of the employee. (d) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE GOVERNMENT.— (1) IN GENERAL.— An employee who has received a voluntary separation incentive payment under this section and accepts employment 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 repay the entire amount of the incentive payment to the agency that paid the incentive payment. (2) WAIVER AUTHORITY. — (A) EXECUTIVE AGENCY. — I f the employment is with an Executive agency (as defined by section 105 of title 5, United States Code), 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) LEGISLATIVE BRANCH.—I f the employment 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) JUDICIAL BRANCH. — I f the employment is with the judicial branch, the Director of the Administrative Office of the United States Courts may waive the repayment if the individual involved possesses unique abilities and is the only qualified applicant available for the position. (3) DEFINITION.— For purposes of paragraph (1) (but not paragraph (2)), the term "employment includes employment under a personal services contract with the United States. (e) REGULATIONS.— The Director of the Office of Personnel Management may prescribe any regulations necessary for the administration of subsections (a) through (d). (0 EMPLOYEES OF THE JUDICLU. BRANCH.—The Director of the Administrative Office of the United States Courts may, by regulation, establish a program consistent with the program established by subsections (a) through (d) for individuals serving in the judicial branch. 5 USC 8331 note. SEC. 4. ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT FUND. (a) RELATING TO FISCAL YEARS 1994 AND 1995.— (1) IN GENERAL.—In addition to any other payments which it is required to make under subchapter III of chapter 83 of title 5, United States Code, an agency shall remit to the Office of Personnel Management for deposit in the Treasury of the United States to the credit of the Civil Service Retirement
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