§ 292. Voluntary separation incentive payments
(a)
Definitions
For purposes of this section—
(1)
the term “employee” means an employee (as defined by section
2105 of title
5) who—
(3)
the term “transfer date” means the date on which the transfer of functions specified under section
251 of this title takes effect.
(b)
Strategic restructuring plan
Before the Attorney General or the Secretary obligates any resources for voluntary separation incentive payments under this section, such official shall submit to the appropriate committees of Congress a strategic restructuring plan, which shall include—
(1)
an organizational chart depicting the covered entities after their restructuring pursuant to this chapter;
(2)
a summary description of how the authority under this section will be used to help carry out that restructuring; and
As used in the preceding sentence, the “appropriate committees of Congress” are the Committees on Appropriations, Government Reform, and the Judiciary of the House of Representatives, and the Committees on Appropriations, Governmental Affairs, and the Judiciary of the Senate.
(c)
Authority
The Attorney General and the Secretary may, to the extent necessary to help carry out their respective strategic restructuring plan described in subsection (b) of this section, make voluntary separation incentive payments to employees. Any such payment—
(2)
shall be paid from appropriations or funds available for the payment of basic pay of the employee;
(4)
may not be made except in the case of any qualifying employee who voluntarily separates (whether by retirement or resignation) before the end of—
(A)
the 3-month period beginning on the date on which such payment is offered or made available to such employee; or
whichever occurs first;
(d)
Additional agency contributions to the retirement fund
(1)
In general
In addition to any payments which it is otherwise required to make, the Department of Justice and the Department of Homeland Security shall, for each fiscal year with respect to which it makes any voluntary separation incentive payments under this section, 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 the amount required under paragraph (2).
(2)
Amount required
The amount required under this paragraph shall, for any fiscal year, be the amount under subparagraph (A) or (B), whichever is greater.
(A)
First method
The amount under this subparagraph shall, for any fiscal year, be equal to the minimum amount necessary to offset the additional costs to the retirement systems under title 5 (payable out of the Civil Service Retirement and Disability Fund) resulting from the voluntary separation of the employees described in paragraph (3), as determined under regulations of the Office of Personnel Management.
(3)
Computations to be based on separations occurring in the fiscal year involved
The employees described in this paragraph are those employees who receive a voluntary separation incentive payment under this section based on their separating from service during the fiscal year with respect to which the payment under this subsection relates.
(4)
Final basic pay defined
In this subsection, the term “final basic pay” means, with respect to an employee, 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.
(e)
Effect of subsequent employment with the Government
An individual who receives a voluntary separation incentive payment under this section and who, within 5 years after the date of the separation on which the payment is based, accepts any compensated employment with the Government or works for any agency of the Government through a personal services contract, shall be required to pay, prior to the individual’s first day of employment, the entire amount of the incentive payment. Such payment shall be made to the covered entity from which the individual separated or, if made on or after the transfer date, to the Deputy Secretary or the Under Secretary for Border and Transportation Security (for transfer to the appropriate component of the Department of Homeland Security, if necessary).
(f)
Effect on employment levels