5 U.S.C. § 3524: Effect of subsequent…

§3524 Effect of Subsequent Employment with the Government

Title 5 › PART III — EMPLOYEES › Subpart B — Employment and Retention › CHAPTER 35 — RETENTION PREFERENCE, VOLUNTARY SEPARATION INCENTIVE PAYMENTS, RESTORATION, AND REEMPLOYMENT › SUBCHAPTER II — VOLUNTARY SEPARATION INCENTIVE PAYMENTS › § 3524

Last updated Sep 23, 2026|Official source

Summary

If you took a voluntary separation incentive payment and then take a paid job with the U.S. Government within 5 years of leaving, you must repay the full payment to the agency that gave it before your first day back. Jobs done under a personal services or direct contract with the federal government (except jobs for the legislative branch) count as “employment” for this repayment rule. Repayment can sometimes be waived. For most executive agencies (not the Government Accountability Office, the United States Postal Service, or the Postal Regulatory Commission), the Director of the Office of Personnel Management can waive repayment if you are uniquely qualified and the only applicant, or if there is an emergency that threatens life or property and you have the needed skills and will work only while the emergency lasts. For legislative branch jobs, the head of the office or the hiring official can waive for unique qualifications. For the judicial branch, the Director of the Administrative Office of the U.S. Courts can waive for unique qualifications. Contract jobs are not covered by the waiver rules.

Title 5, §3524

Government Organization and Employees, Source: USLM XML via OLRC

(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 5 years after the date of the separation on which the payment is based shall be required to pay, before the individual’s 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 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 individual’s 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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2006—Subsec. (c)(1). Pub. L. 109–435 substituted “Postal Regulatory Commission” for “Postal Rate Commission” in introductory provisions. 2004—Subsec. (c)(1). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in introductory provisions.

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.