U.S. Code » 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

5 U.S.C. § 3523

Authority to provide voluntary separation incentive payments

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(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.(Added Pub. L. 107–296, title XIII, § 1313(a)(1)(A), Nov. 25, 2002, 116 Stat. 2293.)Statutory Notes and Related SubsidiariesEffective 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.

Notes of Decisions
Cited in 4 cases (2 in the last 5 years), 2015–2024 · leading case: Constance Omoregbe v. Dep't of Def. (MSPB 2024).
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Constance Omoregbe v. Dep't of Def. (MSPB 2024). · cites it 3× “5 U.S.C. § 3523 ; IAF, Tab 7 at 72. Furthermore, under agency policy, VSIPs are paid from accounts held by the 5 agency or its activities.”
Brenda Farmer v. Off. of Nat'l Drug Control Policy (MSPB 2024). · cites it 2× “Compare 5 U.S.C. § 3523 (b)(7) (reflecting that VSIPs are paid from “appropriations or funds available for .”
Juan J. Dehoyos v. Dep't of the Army (MSPB 2015). · cites it 2× “See 5 U.S.C. §§ 3523 (b)(7) (reflecting that VSIPs are paid from “appropriations or funds available for … basic pay”), 8348(a)(1)(A) (reflecting that FERS benefits come from the Fund).”
Robert H. Cohn v. Dep't of Def. (MSPB 2015). “See 5 U.S.C. §§ 3523 (b)(7) (reflecting that VSIPs are paid from “appropriations or funds available for .”
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