§ 225e. — Conditions of employment for former employees of Hospital.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 24USC225e]
TITLE 24--HOSPITALS AND ASYLUMS
CHAPTER 4--SAINT ELIZABETHS HOSPITAL
SUBCHAPTER III--MENTAL HEALTH SERVICE FOR DISTRICT OF COLUMBIA
Sec. 225e. Conditions of employment for former employees of
Hospital
(a) Individuals accepting employment; without service breaks
Each individual accepting employment without a break in service with
the District government pursuant to section 225d of this title shall--
(1) except as specifically provided in this subchapter, be
required to meet all District qualifications other than licensure
requirements for appointment required of other candidates, and shall
become District employees in the comparable District service subject
to the provisions of the District of Columbia Government
Comprehensive Merit Personnel Act of 1978, and all other statutes
and regulations governing District personnel;
(2) meet all licensure requirements within 18 months of
appointment by the District government;
(3) notwithstanding chapter 63 of title 5, transfer accrued
annual and sick leave balances pursuant to title XII of the District
of Columbia Comprehensive Merit Personnel Act of 1978;
(4) have the grade and rate of pay determined in accordance with
regulations established pursuant to title XI of the District of
Columbia Comprehensive Merit Personnel Act of 1978, except that no
employee shall suffer a loss in the basic rate of pay or in
seniority;
(5) if applicable, retain a rate of pay including the
physician's comparability allowance under the provisions of section
5948 of title 5, and continue to receive such allowance under the
terms of the then prevailing agreement until its expiration or for a
period of 2 years from the date of appointment by the District
government, whichever occurs later;
(6) be entitled to the same health and life insurance benefits
as are available to District employees in the applicable service;
(7) if employed by the Federal Government before January 1,
1984, continue to be covered by the United States Civil Service
Retirement System, under chapter 83 of title 5, to the same extent
that such retirement system covers District Government \1\
employees; and
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\1\ So in original. Probably should not be capitalized.
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(8) if employed by the Federal Government on or after January 1,
1984, be subject to the retirement system applicable to District
government employees pursuant to title XXVI, Retirement, of the
District of Columbia Government Comprehensive Merit Personnel Act of
1978.
(b) Exemption from residency requirements
An individual appointed to a position in the District government
without a break in service, from the retention list, or from the
District or Federal agency reemployment priority lists shall be exempt
from the residency requirements of title VIII of the District of
Columbia Government Comprehensive Merit Personnel Act of 1978.
(c) Compensation; work related injuries
An individual receiving compensation for work injuries pursuant to
chapter 81 of title 5 shall--
(1) continue to have the claims adjudicated and the related
costs paid by the Federal Government until such individual recovers
and returns to duty;
(2) if medically recovered and returned to duty, have any
subsequent claim for the recurrence of the disability determined and
paid under the provisions of title XXIII of the District of Columbia
Comprehensive Merit Personnel Act of 1978.
(d) Actions by District against individuals accepting employment
The District government may initiate or continue an action against
an individual who accepts employment under section 225d(c) of this title
for cause related to events that occur prior to the end of the service
coordination period. Any such action shall be conducted in accordance
with such Federal laws and regulations under which action would have
been conducted had the assumption of function by the District not
occurred.
(e) Commissioned public health service officers
Commissioned public health service officers detailed to the District
of Columbia mental health system shall not be considered employees for
purposes of any full-time employee equivalency total of the Department
of Health and Human Services.
(f) Former patient employees
For purposes of this section, Hospital employees shall include
former patient employees occupying career positions at the Hospital.
(Pub. L. 98-621, Sec. 7, Nov. 8, 1984, 98 Stat. 3375.)
References in Text
The District of Columbia Government Comprehensive Merit Personnel
Act of 1978, referred to in subsecs. (a)(1), (3), (4), (8), (b), and
(c)(2), is D.C. Law 2-139, Mar. 3, 1979, as amended, which is not
classified to the Code.
