24 U.S.C. § 225d : US Code - Section 225D: Transition provisions for employees of Hospital

Search 24 U.S.C. § 225d : US Code - Section 225D: Transition provisions for employees of Hospital

(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) of this section 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) of this section.
Individuals who refuse an offer of employment under subsection (c)
of this section 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) of this section for
not more than 24 months from the date of acceptance of such
employment.