TITLE 50 - US CODE - SUBCHAPTER III - MATTERS RELATING TO PERSONNEL

50 USC 2441 - Authority to establish certain scientific, engineering, and technical positions

The Administrator may, for the purposes of carrying out the responsibilities of the Administrator under this chapter, establish not more than 300 scientific, engineering, and technical positions in the Administration, appoint individuals to such positions, and fix the compensation of such individuals. Subject to the limitations in the preceding sentence, the authority of the Administrator to make appointments and fix compensation with respect to positions in the Administration under this section shall be equivalent to, and subject to the limitations of, the authority under section 2201 (d) of title 42 to make appointments and fix compensation with respect to officers and employees described in such section.

50 USC 2442 - Voluntary early retirement authority

(a) Authority
An employee of the Department of Energy who is separated from the service under conditions described in subsection (b) of this section after completing 25 years of service or after becoming 50 years of age and completing 20 years of service is entitled to an annuity in accordance with the provisions in chapter 83 or 84 of title 5, as applicable.

(b) Conditions of separation
Subsection (a) of this section applies to an employee who

(1) has been employed continuously by the Department of Energy for more than 30 days before the date on which the Secretary of Energy makes the determination required under paragraph (4)(A);

(2) is serving under an appointment that is not limited by time;

(3) has not received a decision notice of involuntary separation for misconduct or unacceptable performance that is pending decision; and

(4) is separated from the service voluntarily during a period with respect to which

(A) the Secretary of Energy determines that the Department of Energy is undergoing a major reorganization as a result of the establishment of the National Nuclear Security Administration; and

(B) the employee is within the scope of an offer of voluntary early retirement (as defined by organizational unit, occupational series or level, geographical location, any other similar factor that the Office of Personnel Management determines appropriate, or any combination of such definitions of scope), as determined by the Secretary under regulations prescribed by the Office.

(c) Treatment of employees
For purposes of chapters 83 and 84 of title 5 (including for purposes of computation of an annuity under such chapters), an employee entitled to an annuity under this section shall be treated as an employee entitled to an annuity under section 8336(d) or 8414(b) of such title, as applicable.

(d) Definitions
As used in this section, the terms employee and annuity

(1) with respect to individuals covered by the Civil Service Retirement System established in subchapter III of chapter 83 of title 5 have the meaning of such terms as used in such chapter; and

(2) with respect to individuals covered by the Federal Employees Retirement System established in chapter 84 of such title, have the meaning of such terms as used in such chapter.

(e) Limitation and termination of authority
The authority provided in subsection (a) of this section

(1) may be applied with respect to a total of not more than 600 employees of the Department of Energy; and

(2) shall expire on September 30, 2003.

50 USC 2443 - Repealed. Pub. L. 107107, div. C, title XXXI, 3143, Dec. 28, 2001, 115 Stat. 1371

Section, Pub. L. 106–65, div. C, title XXXII, 3245, as added Pub. L. 106–377, § 1(a)(2) [title III, 315], Oct. 27, 2000, 114 Stat. 1441, 1441A81, related to prohibition on pay of personnel engaged in concurrent service or duties inside and outside Administration.