50 U.S.C. § 409a : US Code - Section 409A: National Security Agency voluntary separation

Search 50 U.S.C. § 409a : US Code - Section 409A: National Security Agency voluntary separation

(a) Short title
This section may be cited as the "National Security Agency
Voluntary Separation Act".
(b) Definitions
For purposes of this section -
(1) the term "Director" means the Director of the National
Security Agency; and
(2) the term "employee" means an employee of the National
Security Agency, serving under an appointment without time
limitation, who has been currently employed by the National
Security Agency for a continuous period of at least 12 months
prior to the effective date of the program established under
subsection (c) of this section, except that such term does not
include -
(A) a reemployed annuitant under subchapter III of chapter 83
or chapter 84 of title 5 or another retirement system for
employees of the Government; or
(B) an employee having a disability on the basis of which
such employee is or would be eligible for disability retirement
under any of the retirement systems referred to in subparagraph
(A).
(c) Establishment of program
Notwithstanding any other provision of law, the Director, in his
sole discretion, may establish a program under which employees may,
after October 1, 2000, be eligible for early retirement, offered
separation pay to separate from service voluntarily, or both.
(d) Early retirement
An employee who -
(1) is at least 50 years of age and has completed 20 years of
service; or
(2) has at least 25 years of service,
may, pursuant to regulations promulgated under this section, apply
and be retired from the National Security Agency and receive
benefits in accordance with chapter 83 or 84 of title 5 if the
employee has not less than 10 years of service with the National
Security Agency.
(e) Amount of separation pay and treatment for other purposes
(1) Amount
Separation pay shall be paid in a lump sum and shall be equal
to the lesser of -
(A) an amount equal to the amount the employee would be
entitled to receive under section 5595(c) of title 5 if the
employee were entitled to payment under such section; or
(B) $25,000.
(2) Treatment
Separation pay shall not -
(A) be a basis for payment, and shall not be included in the
computation, of any other type of Government benefit; and
(B) be taken into account for the purpose of determining the
amount of any severance pay to which an individual may be
entitled under section 5595 of title 5 based on any other
separation.
(f) Reemployment restrictions
An employee who receives separation pay under such program may
not be reemployed by the National Security Agency for the 12-month
period beginning on the effective date of the employee's
separation. An employee who receives separation pay under this
section on the basis of a separation occurring on or after March
30, 1994, and accepts employment with the Government of the United
States within 5 years after the date of the separation on which
payment of the separation pay is based shall be required to repay
the entire amount of the separation pay to the National Security
Agency. If the employment is with an Executive agency (as defined
by section 105 of title 5), 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. If 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. If 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.
(g) Bar on certain employment
(1) Bar
An employee may not be separated from service under this
section unless the employee agrees that the employee will not -
(A) act as agent or attorney for, or otherwise represent, any
other person (except the United States) in any formal or
informal appearance before, or, with the intent to influence,
make any oral or written communication on behalf of any other
person (except the United States) to the National Security
Agency; or
(B) participate in any manner in the award, modification, or
extension of any contract for property or services with the
National Security Agency,
during the 12-month period beginning on the effective date of the
employee's separation from service.
(2) Penalty
An employee who violates an agreement under this subsection
shall be liable to the United States in the amount of the
separation pay paid to the employee pursuant to this section
multiplied by the proportion of the 12-month period during which
the employee was in violation of the agreement.
(h) Limitations
Under this program, early retirement and separation pay may be
offered only -
(1) with the prior approval of the Director;
(2) for the period specified by the Director; and
(3) to employees within such occupational groups or geographic
locations, or subject to such other similar limitations or
conditions, as the Director may require.
(i) Regulations
Before an employee may be eligible for early retirement,
separation pay, or both, under this section, the Director shall
prescribe such regulations as may be necessary to carry out this
section.
(j) Notification of exercise of authority
The Director may not make an offer of early retirement,
separation pay, or both, pursuant to this section until 15 days
after submitting to the congressional intelligence committees a
report describing the occupational groups or geographic locations,
or other similar limitations or conditions, required by the
Director under subsection (h) of this section, and includes (!1)
the proposed regulations issued pursuant to subsection (i) of this
section.
(k) Remittance of funds
In addition to any other payment that is required to be made
under subchapter III of chapter 83 or chapter 84 of title 5, the
National Security 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 and Disability Fund, an
amount equal to 15 percent of the final basic pay of each employee
to whom a voluntary separation payment has been or is to be paid
under this section. The remittance required by this subsection
shall be in lieu of any remittance required by section 4(a) of the
Federal Workforce Restructuring Act of 1994 (5 U.S.C. 8331 note).