§5872 — Title 42 The Public Health and Welfare | U.S. Code

Summary

When programs move into the Administration, the workers who do the work, their job slots, and related things like assets, debts, contracts, property, records, and any unspent funds move with them, under section 1531 of title 31. Jobs created by law, the people in those jobs on the law’s effective date, and anyone paid at Executive Schedule levels II, III, IV, or V (5 U.S.C. 5313–5316) follow special rules in the next part and in section 5871. Except for those special rules, a non‑temporary employee who transfers cannot be fired, demoted, or paid less for one year after the transfer. If a person was paid under the Executive Schedule on the effective date and moves without a break into a job with similar duties in the Administration, they must be paid at least the same rate they had before.

Title 42, §5872

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Except as provided in the next sentence, the personnel employed in connection with, and the personnel positions, assets, liabilities, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds employed, held, used, arising from, available to or to be made available in connection with the functions and programs transferred by this chapter, are, subject to section 1531 of title 31, correspondingly transferred for appropriate allocation. Personnel positions expressly created by law, personnel occupying those positions on the effective date of this chapter, and personnel authorized to receive compensation at the rate prescribed for offices and positions at levels II, III, IV, or V of the Executive Schedule (5 U.S.C. 5313–5316) on the effective date of this chapter shall be subject to the provisions of subsection (c) of this section and section 5871 of this title.

(b)Except as provided in subsection (c), transfer of nontemporary personnel pursuant to this chapter shall not cause any such employee to be separated or reduced in grade or compensation for one year after such transfer.

(c)Any person who, on the effective date of this chapter, 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 Administration to a position having duties comparable to those performed immediately preceding his appointment shall continue to be compensated in his new position at not less than the rate provided for his previous position.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 93–438, Oct. 11, 1974, 88 Stat. 1233, known as the Energy Reorganization Act of 1974, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 5801 of this title and Tables. The

Effective Date

of this chapter, referred to in subsecs. (a) and (c), refers to the

Effective Date

of Pub. L. 93–438. See section 312 of Pub. L. 93–438, set out as an

Effective Date

Interim Appointments note under section 5801 of this title. Codification In subsec. (a), “section 1531 of title 31” substituted for “section 202 of the Budget and Accounting Procedures Act of 1950 (31 U.S.C. 581c)” on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.

Statutory Notes and Related Subsidiaries

Transfer of Functions

Energy Research and Development Administration terminated and functions vested by law in Administrator thereof transferred to Secretary of Energy (unless otherwise specifically provided) by section 7151(a) and 7293 of this title.

§5872 Transfer of personnel

Summary

Title 42, §5872

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Effective Date

Effective Date

Effective Date

Statutory Notes and Related Subsidiaries

Transfer of Functions

Citations & Metadata