Title 20 — EducationRelease 119-73
§3502 Effect on personnel
Title 20 › Chapter CHAPTER 48— - DEPARTMENT OF EDUCATION › Subchapter SUBCHAPTER V— - TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS › § 3502
Summary
Full-time (not special Government employees) and permanent part-time staff moved to the Department cannot be fired, demoted, or paid less for one year after the move unless another part of the chapter says otherwise. People who had Executive Schedule pay on May 3, 1980 and, without a break, took a comparable Department job must be paid at least their previous rate while they serve.
Full Legal Text
Title 20, §3502
Education — Source: USLM XML via OLRC
(a)Except as otherwise provided in this chapter, the transfer pursuant to this subchapter of full-time personnel (except special Government employees) and part-time personnel holding permanent positions shall not cause any such employee to be separated or reduced in grade or compensation for one year after the date of transfer to the Department.
(b)Any person who, on the day preceding May 4, 1980, held a position compensated in accordance with the Executive Schedule prescribed in chapter 53 of title 5 and who, without a break in service, is appointed in the Department to a position having duties comparable to the duties performed immediately preceding such appointment shall continue to be compensated in such new position at not less than the rate provided for such previous position, for the duration of the service of such person in such new position.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification In subsec. (b), “May 4, 1980” substituted for “the
Effective Date
of this chapter” pursuant to section 601 of Pub. L. 96–88, set out as an
Effective Date
note under section 3401 of this title.
Statutory Notes and Related Subsidiaries
Abolished Positions Deemed Transferred Pub. L. 96–88, title V, § 508(l)(4), Oct. 17, 1979, 93 Stat. 694, provided that: “Positions abolished as a consequence of the
Amendments
made by this subsection [amending section 1102, 2390, and 3012 of this title] shall, for purposes of section 502(a) [subsec. (a) of this section], be deemed to be permanent positions transferred pursuant to title V of this Act [this subchapter].”
Reference
Citations & Metadata
Citation
20 U.S.C. § 3502
Title 20 — Education
Last Updated
Apr 6, 2026
Release point: 119-73