§ 225d. — Transition provisions for employees of Hospital.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 24USC225d]
TITLE 24--HOSPITALS AND ASYLUMS
CHAPTER 4--SAINT ELIZABETHS HOSPITAL
SUBCHAPTER III--MENTAL HEALTH SERVICE FOR DISTRICT OF COLUMBIA
Sec. 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.
(Pub. L. 98-621, Sec. 6, Nov. 8, 1984, 98 Stat. 3374.)
References in Text
The District of Columbia Government Comprehensive Merit Personnel
Act of 1978, referred to in subsecs. (c)(4) and (d)(4), is D.C. Law 2-
139, Mar. 3, 1979, as amended, which is not classified to the Code.
Continued Coverage Under Certain Federal Employee Benefits Programs for
Certain Employees of Saint Elizabeths Hospital
For provisions relating to treatment of certain Federal employees of
Saint Elizabeths Hospital under certain Federal employee benefit
programs, see section 207(o) of Pub. L. 99-335, set out as a note under
section 8331 of Title 5, Government Organization and Employees.
Section Referred to in Other Sections
This section is referred to in section 225e of this title.
