110 STAT. 2932
PUBLIC LAW 104-204—SEPT. 26, 1996
(4) shall not be taken into account for purposes of determining the amount of any severance pay to which an individual
may be entitled under section 5595 of title 5, United States
Code, based on any other separation;
(5) shall be considered pa3anent for a voluntary separation; and
(6) shall be paid from the appropriations or funds available
for payment of the basic pay of the employee.
(e) EFFECT OF SUBSEQUENT EMPLOYMENT WITH THE
GOVERNMENT.—
(1) An individual who has received a voluntary separation
incentive pa3anent under this section and accepts any employ-
ment with the Government of the United States within five
years after the date of the separation on which the payment
is based shall be required to repay, prior to the individual's
first day of employment, the entire amount of the incentive
payment to NASA.
(2) If the employment under paragraph (1) above is with
an executive agency (as defined by section 105 of title 5, United
States Code), 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 repa3anent if the individual involved possesses unique
abilities and is the only qualified applicant available for the
position.
(3) If the employment under paragraph (1) above 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.
(4) If the employment under paragraph (1) above 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.
(5) For the purpose of this section, the term
"employment"—
(A) includes employment of any length or under any
type of appointment, but does not include employment
that is without compensation; and
(B) includes employment under a personal services
contract.
(f) EFFECT OF SUBSEQUENT DISABILITY RETIREMENT.—An
employee who has received an incentive payment is ineligible to
receive an annuity for reasons of disability under applicable regulations, unless the incentive payment is repaid.
(g) ADDITIONAL AGENCY CONTRIBUTIONS TO THE RETIREMENT
FUND. —
(1) In addition to any other pa3nnents which it is required
to make under subchapter III of chapter 83 or chapter 84
of title 5, United States Code, NASA 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
and Disability Fund an amount equal to 15 percent of the
final basic pay of each employee who is covered under subchapter III of chapter 83 or chapter 84 of title 5 to whom
a voluntary separation incentive has been paid under this Act.
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