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24 U.S.C. § 225dTransition provisions for employees of Hospital

submitted 42 years ago by Pub. L. 98-621 to r/title-24-HOSPITALS-AND-ASYLUMS · 668 words · no verdicts yet

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This law helps Saint Elizabeths Hospital employees move into District of Columbia government jobs when the District takes over hospital programs. It sets rules for early retirement, job transfers, retention lists, and reemployment priority, and lets employees appeal certain decisions.

(a) Retirement opportunity: Hospital employees whose jobs are directly affected by the District's takeover of programs, and who already qualify for immediate retirement under 5 U.S.C. § 8336(d), get a chance to retire during the 30 days right before the District takes over. (b) Specific number and types of positions; transfer to District employment: (1) The system implementation plan must state exactly how many District jobs will exist, and what kinds, once the service coordination period ends. (2) Even though a different federal law (5 U.S.C. § 3503) normally governs employee transfers, Hospital employees can only move into District jobs under the rules in this section. (c) Retention list; reemployment priority list; right-of-first-refusal; retention registers; employee appeals: (1) While an employee's name is on the retention list or a reemployment priority list, that employee gets first right of refusal for District jobs they qualify for — jobs created under the plan in the District's mental health system, jobs at the D.C. Department of Human Services, and jobs at the D.C. General Hospital. (2) The Secretary must set up "retention registers" ranking Hospital employees and give them to the District government. The District must offer jobs under subsection (b) based on each employee's ranking on these registers. (3) An employee's appeal about the retention registers follows federal regulations. (4) An employee's appeal about a District job offer follows the District of Columbia Government Comprehensive Merit Personnel Act of 1978. (d) Federal agency reemployment priority list; right-of-first-refusal; Department of Health and Human Services; separation; maintenance of lists; District agency reemployment priority list; refusal of employment offer; acceptance of nontemporary employment: (1) Hospital employees on the Federal agency reemployment priority list get first right of refusal for comparable jobs at the Department of Health and Human Services in the Washington metropolitan area. (2) If Hospital employees must be separated from federal jobs, that can only happen through the normal federal reduction-in-force process. (3) The Secretary and the Office of Personnel Management must maintain a Federal agency reemployment priority list and a displaced-employees program for these workers, following federal regulations. (4) The Mayor, working with the Secretary, must create a District agency reemployment priority list of Hospital employees on the retention registers who were not offered jobs under subsection (c). An employee who refuses a job offer under subsection (c) cannot be placed on this District list. This list is administered under the District of Columbia Government Comprehensive Merit Personnel Act of 1978. (5) If an employee accepts a permanent job through referral from any of these lists, that automatically ends the employee's severance pay as of the day the job starts. (e) Contracts; mental health services; preferences: If the District contracts out mental health services the Hospital used to provide, the contract must require the contractor, when filling new positions, to give preference to qualified people on the District agency reemployment priority list created under subsection (d). If someone accepts a permanent job with a contractor this way, their name stays on that priority list for up to 24 months from the date they accepted the job.
the actual law source: uscode.house.gov ↗public domain
(a) Retirement opportunity

Employees of the Hospital directly affected by the assumption of programs and functions by the District government who meet the requirements for immediate retirement under the provisions of section 8336(d) of title 5 shall be accorded the opportunity to retire during the 30-day period prior to the assumption of such programs and functions.

(b) Specific number and types of positions; transfer to District employment
(1)

The system implementation plan shall prescribe the specific number and types of positions needed by the District government at the end of the service coordination period.

(2)

Notwithstanding section 3503 of title 5, employees of the Hospital shall only be transferred to District employment under the provisions of this section.

(c) Retention list; reemployment priority list; right-of-first-refusal; retention registers; employee appeals
(1)

While on the retention list or the District or Federal agency reemployment priority list, the system implementation plan shall provide to Hospital employees a right-of-first-refusal to District employment in positions for which such employees may qualify, (A) created under the system implementation plan in the comprehensive District mental health system, (B) available under the Department of Human Services of the District, and (C) available at the District of Columbia General Hospital.

(2)

In accordance with Federal regulations, the Secretary shall establish retention registers of Hospital employees and provide such retention registers to the District government. Employment in positions identified in the system implementation plan under subsection (b) shall be offered to Hospital employees by the District government according to each such employee’s relative standing on the retention registers.

(3)

Employee appeals concerning the retention registers established by the Secretary shall be in accordance with Federal regulations.

(4)

Employee appeals concerning employment offers by the District shall be in accordance with the District of Columbia Government Comprehensive Merit Personnel Act of 1978.

(d) Federal agency reemployment priority list; right-of-first-refusal; Department of Health and Human Services; separation; maintenance of lists; District agency reemployment priority list; refusal of employment offer; acceptance of nontemporary employment
(1)

Notwithstanding any other provision of law, employees of the Hospital, while on the Federal agency reemployment priority list, shall have a right-of-first-refusal to employment in comparable available positions for which they qualify within the Department of Health and Human Services in the Washington metropolitan area.

(2)

If necessary to separate employees of the Hospital from Federal employment, such employees may be separated only under Federal reduction-in-force procedures.

(3)

A Federal agency reemployment priority list and a displaced employees program shall be maintained for employees of the Hospital by the Secretary and the Office of Personnel Management in accordance with Federal regulations for Federal employees separated by reduction-in-force procedures.

(4)

The Mayor shall create and maintain, in consultation with the Secretary, a District agency reemployment priority list of those employees of the Hospital on the retention registers who are not offered employment under subsection (c). Individuals who refuse an offer of employment under subsection (c) shall be ineligible for inclusion on the District agency reemployment priority list. Such reemployment priority list shall be administered in accordance with procedures established pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1978 (D.C. Law 2–139).

(5)

Acceptance of nontemporary employment as a result of referral from any retention list or agency reemployment priority list shall automatically terminate an individual’s severance pay as of the effective date of such employment.

(e) Contracts; mental health services; preferences

Any contract entered into by the District of Columbia for the provision of mental health services formerly provided by or at the Hospital shall require the contractor or provider, in filling new positions created to perform under the contract, to give preference to qualified candidates on the District agency reemployment priority list created pursuant to subsection (d) of this section. An individual who is offered nontemporary employment with a contractor shall have his or her name remain on the District agency reemployment priority list under subsection (d) for not more than 24 months from the date of acceptance of such employment.

Source credit: (Pub. L. 98–621, § 6, Nov. 8, 1984, 98 Stat. 3374.)

history & why it existsrecord from the source credit
  • 1984Enacted · Pub. L. 98-621 · 98 Stat. 3374

A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-621 on 1984-11-08.

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