legal · go-v.org

What are the agency's and the employee's obligations when an employee fails to fulfill the terms of a service agreement?

CFR · 2024-01-01 · US · Title 5

(a) This section does not apply when an employee is involuntarily separated or involuntarily reassigned to a position outside the particular territory, possession, or commonwealth involved, as provided in § 575.511 or when an agency unilaterally terminates a service agreement under § 575.512. (b) Except as provided in paragraph (g) of this section, an employee is indebted to the Federal Government and must repay the paying agency for an appropriate portion of an extended assignment incentive received by the employee if— (1) The employee fails to complete the period of employment required in his or her service agreement; or (2) The employee violates any other condition specified in the service agreement that would trigger termination of the agreement. (c)(1) If an employee does not fulfill the terms of a service agreement under the circumstances prescribed in paragraph (b) of this section and has received incentive payments whose value as a percentage of the planned total sum of incentive payments for the entire service period exceeds the percentage reflecting the portion of the service period completed by the employee, he or she must repay the excess payment and any additional repayment penalty imposed by the agency under paragraph (e) of this section, except when an authorized agency official waives the requirement to repay the excess amount under paragraph (g) of this section. (2) For example, consider an employee who signed a 364-day (26 pay period) service agreement and r

official document · source cfr-2024 · id 5:§ 575.513