5 U.S.C. § 3524

Effect of subsequent employment with the Government

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(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 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 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 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.(Added Pub. L. 107–296, title XIII, § 1313(a)(1)(A), Nov. 25, 2002, 116 Stat. 2293; amended Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 109–435, title VI, § 604(f), Dec. 20, 2006, 120 Stat. 3242.)Editorial NotesAmendments

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 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 1 case (1 in the last 5 years), 2024–2024 · leading case: Brenda Farmer v. Off. of Nat'l Drug Control Policy (MSPB 2024).

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Brenda Farmer v. Off. of Nat'l Drug Control Policy (MSPB 2024). “The appellant cited, below, to the statute at 5 U.S.C. § 3524 , which states that an individual who has received a VSIP and who accepts employment with the Federal Government within 5 years of the date of separation “shall be required to pay .”

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