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Title 5 — Government Organization and EmployeesRelease 119-73

§3521 Definitions

Title 5 › Part PART III— - EMPLOYEES › Subpart Subpart B— - Employment and Retention › Chapter CHAPTER 35— - RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT › Subchapter SUBCHAPTER II— - VOLUNTARY SEPARATION INCENTIVE PAYMENTS › § 3521

Last updated Apr 6, 2026|Official source

Summary

Defines what counts as an "agency" and an "employee" for the rules that follow. "Agency" means an Executive agency as defined in section 105, but it does not include the Government Accountability Office. "Employee" means a person covered by section 2105 who works for such an agency, or a county committee worker under 16 U.S.C. 590h(b)(5), who has an appointment with no time limit and has worked continuously for at least 3 years. It does not include reemployed annuitants under subchapter III of chapter 83 or 84 (or another government retirement system); employees eligible for disability retirement under those subchapters or another government retirement plan; employees facing involuntary removal for misconduct or poor performance; anyone who already got a voluntary separation incentive from the Federal Government; employees on transfer with statutory reemployment rights; or anyone who, before separating, had student loan repayment, recruitment/relocation, or retention bonuses within the 36-, 24-, or 12-month periods covered by sections 5379, 5753, and 5754, respectively.

Full Legal Text

Title 5, §3521

Government Organization and Employees — Source: USLM XML via OLRC

In this subchapter, the term—
(1)“agency” means an Executive agency as defined under section 105 (other than the Government Accountability Office); and
(2)“employee”—
(A)means an employee as defined under section 2105 employed by an agency and an individual employed by a county committee established under section 8(b)(5) of the Soil Conservation and Domestic Allotment Act (16 U.S.C. 590h(b)(5)) who—
(i)is serving under an appointment without time limitation; and
(ii)has been currently employed for a continuous period of at least 3 years; and
(B)shall not include—
(i)a reemployed annuitant under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government;
(ii)an employee having a disability on the basis of which such employee is or would be eligible for disability retirement under subchapter III of chapter 83 or 84 or another retirement system for employees of the Government;
(iii)an employee who is in receipt of a decision notice of involuntary separation for misconduct or unacceptable performance;
(iv)an employee who has previously received any voluntary separation incentive payment from the Federal Government under this subchapter or any other authority;
(v)an employee covered by statutory reemployment rights who is on transfer employment with another organization; or
(vi)any employee who—
(I)during the 36-month period preceding the date of separation of that employee, performed service for which a student loan repayment benefit was or is to be paid under section 5379;
(II)during the 24-month period preceding the date of separation of that employee, performed service for which a recruitment or relocation bonus was or is to be paid under section 5753; or
(III)during the 12-month period preceding the date of separation of that employee, performed service for which a retention bonus was or is to be paid under section 5754.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Par. (1). Pub. L. 112–74 substituted “section 105 (other than the Government Accountability Office)” for “section 105”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2011 AmendmentAmendment by Pub. L. 112–74 applicable to voluntary separation incentive payments made during fiscal year 2012 or any succeeding fiscal year, see section 1401(c) of Pub. L. 112–74, set out as a note under section 4505 of Title 2, The Congress.

Effective Date

Pub. L. 107–296, title XIII, § 1313(a)(4), Nov. 25, 2002, 116 Stat. 2294, provided that: “This subsection [enacting this subchapter and provisions set out as notes under this section] shall take effect 60 days after the date of enactment of this Act [Nov. 25, 2002].” Smithsonian Institution Employees Pub. L. 108–72, § 5, Aug. 15, 2003, 117 Stat. 889, provided that: “The Secretary of the Smithsonian Institution may establish a program for making voluntary separation incentive payments for employees of the Smithsonian Institution which is substantially similar to the program established under subchapter II of chapter 35 of title 5, United States Code (as added by section 1313(a) of the Homeland Security Act of 2002 [Pub. L. 107–296]).” Judicial Branch Employees Pub. L. 107–296, title XIII, § 1313(a)(2), Nov. 25, 2002, 116 Stat. 2294, provided that: “The Director of the Administrative Office of the United States Courts may, by regulation, establish a program substantially similar to the program established under paragraph (1) [enacting this subchapter] for individuals serving in the judicial branch.” Continuation of Other Authority Pub. L. 107–296, title XIII, § 1313(a)(3), Nov. 25, 2002, 116 Stat. 2294, provided that: “Any agency exercising any voluntary separation incentive authority in effect on the

Effective Date

of this subsection [see

Effective Date

note above] may continue to offer voluntary separation incentives consistent with that authority until that authority expires.” Sense of Congress Pub. L. 107–296, title XIII, § 1313(c), Nov. 25, 2002, 116 Stat. 2296, provided that: “It is the sense of Congress that the implementation of this section [enacting this subchapter, amending section 8336 and 8414 of this title, enacting provisions set out as notes under this section and section 8336 of this title, and repealing provisions set out as notes under section 8336 and 8414 of this title] is intended to reshape the Federal workforce and not downsize the Federal workforce.”

Reference

Citations & Metadata

Citation

5 U.S.C. § 3521

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73