Reinstatement of affected probationary employees

(a) In general Each affected probationary employee, other than an affected probationary employee entitled to a payment under subsection (b), is entitled, in accordance with this Act, to— (1) an appointment to a position in the former employing agency of the affected probationary employee that is the same or similar to the previous Federal position of the affected probationary employee; and (2) if the affected probationary employee elects to accept an appointment under paragraph (1), a payment in an amount equal to the amount that the affected probationary employee would have been paid by the former employing agency of the affected probationary employee during the period beginning on the termination date of the affected probationary employee and ending on the date on which the affected probationary employee is so appointed, if the affected probationary employee had not become an affected probationary employee. (b) Subsequent Federal employment (1) In general Except as provided in paragraph (4)— (A) an affected probationary employee that was appointed to a new Federal position and occupies such a position as of the date of enactment of this Act is entitled to the payment described in paragraph (2); and (B) an affected probationary employee that was appointed to a new Federal position and does not hold such a position as of the date of enactment of this Act is entitled to— (i) an appointment to a position in the former employing agency of the affected probationary employee that is the same or similar to the previous Federal position of the affected probationary employee; and (ii) if the affected probationary employee elects to accept an appointment under clause (i), the payment described in paragraph (3). (2) Current Federal employee payment described The payment described in this paragraph is a payment in an amount equal to the difference between— (A) the amount that the affected probationary employee would have been paid by the former employing agency of the affected probationary employee during the period beginning on the termination date of the affected probationary employee and ending on the date of enactment of this Act; and (B) the amount equal to the sum of pay earned by the affected probationary employee in any new Federal position to which the affected probationary employee was appointed during the period described in subparagraph (A). (3) Other affected employee payment The payment described in this paragraph is a payment in an amount equal to the sum of— (A) the payment described in subparagraph (2); and (B) a payment in an amount equal to the amount that the affected probationary employee would have been paid by the former employing agency of the affected probationary employee during the period beginning on the date of enactment of this Act and ending on the date on which the affected probationary employee is appointed under paragraph (1)(B), if the affected probationary employee had not become an affected probationary employee. (4) Exception An affected probationary employee is not entitled to a payment under paragraph (1) if the amount of that payment is less than zero. (5) New Federal position defined In this subsection, the term new Federal position means a position in the Federal Government to which an affected probationary employee is appointed after becoming an affected probationary employee. (c) Payment (1) In general The former employing agency of an affected probationary employee shall begin making any payment to which that affected probationary employee is entitled under this section not later than 90 days after the pay for each relevant position is determined in accordance with section 5. (2) Method A payment described in subsection (a) or (b) shall be paid in 1 lump sum. (3) Taxation For purposes of the Internal Revenue Code of 1986, any payment to an individual under subsection (a) or (b) shall be treated as wages paid with respect to the employment of that individual. (4) Pay limits A payment to an affected probationary employee under this section shall be disregarded with respect to any limit on the pay of employees that is applicable to the affected probationary employee. (5) Reinstatement An appointment under subsection (a)(1) or (b)(1)(B) to a position in the competitive service shall be made without regard to the provisions of subchapter I of chapter 33 of title 5, United States Code. (d) Employment benefits For the purposes of this section, a position is the same or similar to a previous Federal position with respect to an affected probationary employee only if the employment benefits, including retirement benefits, health insurance, and leave, available to the affected probationary employee in that position match or exceed the employment benefits available to the affected probationary employee in the previous Federal position of the affected probationary employee.