§7292 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Protects employees moved into the Department from being fired, lowered in rank, or paid less for one year after August 4, 1977. This rule covers full-time workers (not special government employees) and permanent part-time workers. Temporary full-time workers at the Energy Research Centers who are doing ongoing work may choose to become permanent within 120 days after their transfer. If they choose that, the Department’s number of full-time permanent jobs increases by that many. Anyone who on October 1, 1977 held an Executive Schedule job and moved without a break to a similar Department job must be paid at least the same rate while in the new job. Workers with reemployment rights under section 786 of title 15 or other law can use those rights only if they ask within 120 days after October 1, 1977 or within two years after they got the rights, whichever is later.

Title 42, §7292

The Public Health and Welfare — 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 pursuant to this subchapter shall not cause any such employee to be separated or reduced in grade or compensation for one year after August 4, 1977, except that full-time temporary personnel employed at the Energy Research Centers of the Energy Research and Development Administration upon the establishment of the Department who are determined by the Department to be performing continuing functions may at the employee’s option be converted to permanent full-time status within one hundred and twenty days following their transfer to the Department. The employment levels of full-time permanent personnel authorized for the Department by other law or administrative action shall be increased by the number of employees who exercise the option to be so converted.

(b)Any person who, on October 1, 1977, 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 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, for the duration of his service in the new position.

(c)Employees transferred to the Department holding reemployment rights acquired under section 786 of title 15 11 See References in Text note below. or any other provision of law or regulation may exercise such rights only within one hundred twenty days from October 1, 1977, or within two years of acquiring such rights, whichever is later. Reemployment rights may only be exercised at the request of the employee.

Notes & Related Subsidiaries

Editorial Notes

References in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 565, known as the Department of Energy Organization Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see

Short Title

note set out under section 7101 of this title and Tables. This subchapter, referred to in subsec. (a), was in the original “this title” meaning title VII of Pub. L. 95–91, Aug. 4, 1977, 91 Stat. 605, which enacted this subchapter and section 916 of Title 7, Agriculture, amended section 6833 and 6839 of this title, section 19 of Title 3, The President, section 101, 5108, and 5312 to 5316 of Title 5, Government Organization and Employees, section 1701z–8 of Title 12, Banks and Banking, and section 766, 790a, and 790d of Title 15, Commerce and Trade, repealed section 2036 and 5818 of this title and section 763, 768 and 786 of Title 15, enacted provisions set out as a note under 2201 of this title, and repealed provisions set out as a note under section 761 of Title 15. For complete classification of this Act to the Code, see

Short Title

note set out under section 7101 of this title and Tables. Section 786 of title 15, referred to in subsec. (c), was repealed by Pub. L. 95–91, title VII, § 709(a)(1), Aug. 4, 1977, 91 Stat. 607.

Executive Documents

Ex. Ord. No. 12026. Reinstatement Rights of Certain Employees of Department of Energy Ex. Ord. No. 12026, Dec. 5, 1977, 42 F.R. 61849, provided: By virtue of the authority vested in me by section 3301 and 3302 of Title 5 of the United States Code, and as President of the United States of America, the service of an employee of the Atomic Energy Commission or of the Energy Research and Development Administration pursuant to a Regular or Regular (Conditional) appointment, other than such service in an attorney position, who was transferred to the Department of Energy pursuant to the Department of Energy Organization Act (91 Stat. 565; 42 U.S.C. 7101 et seq.) shall be considered as Career or Career-Conditional service, respectively, for purposes of eligibility for reinstatement in the competitive Civil Service. Jimmy Carter.

§7292 Effect on personnel

Summary

Title 42, §7292

Notes & Related Subsidiaries

Editorial Notes

References in Text

Short Title

Short Title

Executive Documents

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