Title 5Government Organization and EmployeesRelease 119-73

§3523 Authority to provide voluntary separation incentive payments

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 › § 3523

Last updated Apr 6, 2026|Official source

Summary

Agencies may offer a voluntary separation incentive payment to employees under a plan the agency creates under section 3522. The offer can target employees by unit, job series or level, location, skills or other job-related factors, specific time windows, or any mix of those. The payment is a one-time cash lump sum paid after the employee leaves. It equals the smaller of what the employee would get under section 5595(c) if eligible (without reducing for earlier payments) or an agency-set amount up to $25,000. It only applies when an employee leaves voluntarily by retirement or resignation under this part of the law. The payment cannot be used to calculate other government benefits or included when figuring severance pay under section 5595 for a different separation. The money must come from funds available to pay the employee’s basic pay.

Full Legal Text

Title 5, §3523

Government Organization and Employees — Source: USLM XML via OLRC

(a)A voluntary separation incentive payment under this subchapter may be paid to an employee only as provided in the plan of an agency established under section 3522.
(b)A voluntary incentive payment—
(1)shall be offered to agency employees on the basis of—
(A)1 or more organizational units;
(B)1 or more occupational series or levels;
(C)1 or more geographical locations;
(D)skills, knowledge, or other factors related to a position;
(E)specific periods of time during which eligible employees may elect a voluntary incentive payment; or
(F)any appropriate combination of such factors;
(2)shall be paid in a lump sum after the employee’s separation;
(3)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) if the employee were entitled to payment under such section (without adjustment for any previous payment made); or
(B)an amount determined by the agency head, not to exceed $25,000;
(4)may be made only in the case of an employee who voluntarily separates (whether by retirement or resignation) under this subchapter;
(5)shall not be a basis for payment, and shall not be included in the computation, of any other type of Government benefit;
(6)shall not be taken into account in determining the amount of any severance pay to which the employee may be entitled under section 5595, based on another other 11 So in original. separation; and
(7)shall be paid from appropriations or funds available for the payment of the basic pay of the employee.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Section effective 60 days after Nov. 25, 2002, see section 1313(a)(4) of Pub. L. 107–296, set out as a note under section 3521 of this title.

Reference

Citations & Metadata

Citation

5 U.S.C. § 3523

Title 5Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73