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LegalText 5 U.S.C. § 3524 Effect of subsequent employment with the Government us united_states_code code_section 5 GOVERNMENT ORGANIZATION AND EMPLOYEES 35 RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT 3524 5 U.S.C. § 3524 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip /us/usc/t5/s3524 data/legal/raw/us/code/title-05/usc05.xml c02aeaeefd7f28f2ff90da3d07c65226426d02e070a9496c4d5f4e91d3d98fa5 719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540 4a5fbb059121766ef94757ae712ad5aeaccf5167065b61f9b30413e290c5ebda 2026-07-04 official
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5 U.S.C. § 3524 - Effect of subsequent employment with the Government

Text

(a) The term “employment”—

(1) in subsection (b) includes employment under a personal services contract (or other direct contract) with the United States Government (other than an entity in the legislative branch); and

(2) in subsection (c) does not include employment under such a contract.

(b) An individual who has received a voluntary separation incentive payment under this subchapter and accepts any employment for compensation with the Government of the United States with 11 So in original. Probably should be “within”. 5 years after the date of the separation on which the payment is based shall be required to pay, before the individuals first day of employment, the entire amount of the incentive payment to the agency that paid the incentive payment.

(c) (1) If the employment under this section is with an agency, other than the Government Accountability Office, the United States Postal Service, or the Postal Regulatory Commission, the Director of the Office of Personnel Management may, at the request of the head of the agency, may 22 So in original. waive the repayment if—

(A) the individual involved possesses unique abilities and is the only qualified applicant available for the position; or

(B) in case of an emergency involving a direct threat to life or property, the individual—

(i) has skills directly related to resolving the emergency; and

(ii) will serve on a temporary basis only so long as that individuals services are made necessary by the emergency.

(2) If the employment under this section 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.

(3) If the employment under this section 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.

(Added Pub. L. 107296, title XIII, § 1313(a)(1)(A), Nov. 25, 2002, 116 Stat. 2293; amended Pub. L. 108271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.)

Notes

Editorial Notes

Amendments2006—Subsec. (c)(1). Pub. L. 109435 substituted “Postal Regulatory Commission” for “Postal Rate Commission” in introductory provisions. 2004—Subsec. (c)(1). Pub. L. 108271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.

Statutory Notes and Related Subsidiaries

Effective DateSection effective 60 days after Nov. 25, 2002, see section 1313(a)(4) of Pub. L. 107296, set out as a note under section 3521 of this title.