5 U.S.C. § 4108 — Employee agreements; service after training
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 356 words · no verdicts yet
An employee receiving training longer than the agency’s minimum period must promise to remain with the agency for at least three times the training length or repay added training costs after a voluntary early departure. The agency head may waive repayment for equity, conscience, or public-interest reasons.
(a) Before assigning an employee to training longer than the agency head’s minimum period, the agency must obtain a written agreement that the employee will: (1) remain in the agency after training for at least three times the training length, unless involuntarily separated; and (2) repay the Government’s additional training expenses if the employee voluntarily leaves before the agreed service period ends. (b) Repayment may not be required when the employee leaves to join another Government agency unless the training-authorizing agency head tells the employee before the move takes effect that repayment will be required. (c) Except for an employee relieved under (b) or section 4102(b), if the employee fails to repay, the Government may recover an amount equal to the added training expenses from the employee or estate by (1) setting it off against accrued pay, compensation, retirement credit, or another amount owed by the Government, and (2) any other lawful method for recovering money owed to the Government. Under section 4118 regulations, the agency head may waive all or part of recovery if recovery would be inequitable or against the public interest.
An employee selected for training for more than a minimum period prescribed by the head of the agency shall agree in writing with the Government before assignment to training that he will—
continue in the service of his agency after the end of the training period for a period at least equal to three times the length of the training period unless he is involuntarily separated from the service of his agency; and
pay to the Government the amount of the additional expenses incurred by the Government in connection with his training if he is voluntarily separated from the service of his agency before the end of the period for which he has agreed to continue in the service of his agency.
The payment agreed to under subsection (a)(2) of this section may not be required of an employee who leaves the service of his agency to enter into the service of another agency in any branch of the Government unless the head of the agency that authorized the training notifies the employee before the effective date of his entrance into the service of the other agency that payment will be required under this section.
If an employee, except an employee relieved of liability under subsection (b) of this section or section 4102(b) of this title, fails to fulfill his agreement to pay to the Government the additional expenses incurred by the Government in connection with his training, a sum equal to the amount of the additional expenses of training is recoverable by the Government from the employee or his estate by—
setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and
such other method as is provided by law for the recovery of amounts owing to the Government.
The head of the agency concerned, under the regulations prescribed under section 4118 of this title, may waive in whole or in part a right of recovery under this subsection, if it is shown that the recovery would be against equity and good conscience or against the public interest.
Source credit: (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 435; Pub. L. 98–224, § 5(a), Mar. 2, 1984, 98 Stat. 48; Pub. L. 103–226, § 2(a)(6), Mar. 30, 1994, 108 Stat. 112; Pub. L. 107–347, title II, § 209(g)(1)(B), Dec. 17, 2002, 116 Stat. 2932.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 435
- 1984Amended · Pub. L. 98-224 · 98 Stat. 48
- 1994Amended · Pub. L. 103-226 · 108 Stat. 112
- 2002Amended · Pub. L. 107-347 · 116 Stat. 2932
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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