§225d — Title 24 Hospitals and Asylums | U.S. Code

Summary

Employees directly affected by the District taking over hospital programs who qualify for immediate retirement under 5 U.S.C. 8336(d) must be allowed to retire during the 30-day period before the programs move. A system implementation plan must list how many and what kinds of jobs the District will need. Hospital workers may only be moved into District jobs under these rules. While on retention lists or reemployment priority lists, hospital employees get the first chance at District jobs that come from the plan, jobs in the District Department of Human Services, and jobs at the D.C. General Hospital. The Secretary will make retention registers and give them to the District, and job offers will follow each person’s rank on those registers. Appeals about the retention registers follow federal rules. Appeals about District job offers follow the District of Columbia merit personnel law. While on the federal reemployment list, employees have first chance at comparable HHS jobs in the Washington area. If separations are needed, federal reduction-in-force rules must be used. The Secretary and OPM will keep federal reemployment lists and programs. The Mayor will keep a District reemployment list for those not offered jobs; people who refuse a District offer cannot go on that list. If someone takes nontemporary work from any list, their severance pay stops on the job start date. Any contract for mental health services must give hiring preference to qualified people on the District reemployment list. If a person accepts nontemporary contractor work, their name may stay on the District list for no more than 24 months from the acceptance date.

Title 24, §225d

Hospitals and Asylums — Source: USLM XML via OLRC

(a)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)(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)(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)(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)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.

Notes & Related Subsidiaries

Editorial Notes

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, which is not classified to the Code.

Statutory Notes and Related Subsidiaries

Continued Coverage Under Certain Federal Employee Benefits Programs for Certain Employees of Saint Elizabeths HospitalFor 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.

§225d Transition provisions for employees of Hospital