§125 — Title 20 Education | U.S. Code

Summary

Makes the transfer deal for Freedmen’s Hospital include protections for the hospital’s workers. It must offer a chance to move to Howard University to everyone who was a career or career-conditional employee the day before the transfer, unless they were told at least six months earlier that their job would be ended. Howard University must not cut the pay of those who transfer. Howard must immediately put the required employee and employer retirement payments into the civil service retirement and disability fund (section 8348, title 5) and into the fund in section 8714, title 5. Howard must give other benefits as close as possible to those federal civilian workers had and must count Freedmen’s Hospital service toward seniority the same way. The Department of Health, Education, and Welfare must try to place anyone who was a career or career-conditional employee on September 21, 1961 and who does not transfer into similar federal jobs. Any person who worked at Freedmen’s Hospital on September 21, 1961 and who transfers to Howard and stays there without a break will be treated as if they continued federal service for the retirement and tax provisions in subchapter III of chapter 83 and chapter 87 of title 5, section 3121(b) of title 26, and section 410 of title 42. The transfer must take effect no later than the start of the second month after construction begins on the new hospital authorized by section 126.

Title 20, §125

Education — Source: USLM XML via OLRC

(a)The agreement for transfer of Freedmen’s Hospital referred to in section 124 of this title shall include provisions to assure that—

(1)all individuals who are career or career-conditional employees of the hospital on the day preceding the effective date of the transfer of the hospital, except those in positions with respect to which they have been notified not less than six months prior to the effective date of such transfer that their positions are to be abolished, will be offered an opportunity to transfer to Howard University;

(2)Howard University—

(A)will not reduce the salary levels for such employees who transfer,

(B)will deposit currently (i) in the civil service retirement and disability fund referred to in section 8348 of title 5, the employee deductions and agency contributions required by subchapter III of chapter 83 of title 5, and (ii) in the fund referred to in section 8714 of title 5, the employee deductions and agency contributions required by chapter 87 of title 5.

(C)will provide other benefits for such employees as nearly equivalent as may be practicable to those generally applicable, on the effective date of the transfer of the hospital, to civilian employees of the United States, and

(D)in determining the seniority rights of its employees, Howard University will credit service with Freedmen’s Hospital performed by such employees who transfer, on the same basis as it would credit such service had it been performed for such University;

(3)the transfer will become effective not later than the beginning of the second month which begins after construction of the new hospital facilities authorized by section 126 of this title is commenced.

(b)The Department of Health, Education, and Welfare shall make every reasonable effort to place in other comparable Federal positions all individuals who are career or career-conditional employees of Freedmen’s Hospital on September 21, 1961 and who do not transfer to Howard University.

(c)Each individual who is an employee of Freedmen’s Hospital on September 21, 1961 and who transfers to Howard University shall, so long as he is continuously in the employ of Howard University, be regarded as continuing in the employ of the United States for the purposes of subchapter III of chapter 83 of title 5, chapter 87 of title 5. For purposes of section 3121(b) of title 26 and section 410 of title 42, service performed by such individual during the period of his employment at Howard University shall be regarded as though performed in the employ of the United States.

Notes & Related Subsidiaries

Editorial Notes

Codification In subsec. (a)(2)(B), “civil service retirement and disability fund referred to in section 8348 of title 5” substituted for “civil service retirement and disability fund required by the Act of

May 22, 1920” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Previously, act

May 22, 1920, ch. 195, 41 Stat. 614, was superseded by act

May 29, 1930, known as the Civil Service Retirement Act of 1930, which was generally amended by act

July 31, 1956, ch. 804, § 401, 70 Stat. 743. In subsecs. (a)(2)(B) and (c), “subchapter III of chapter 83 of title 5” substituted for “the Civil Service Retirement Act” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5. In subsec. (a)(2)(B), “fund referred to in section 8714 of title 5” substituted for “the fund created by section 5(c) of the Federal Employees’ Group Life Insurance Act of 1954” and, in subsecs. (a)(2)(B) and (c), “chapter 87 of title 5” substituted for “the Federal Employees’ Group Life Insurance Act of 1954”, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.

Amendments

1986—Subsec. (c). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Statutory Notes and Related Subsidiaries

Transfer of Functions

Functions of Secretary of Health, Education, and Welfare under laws relating to relationship between Howard University and Department of Health, Education, and Welfare transferred to Secretary of Education by section 3441(a)(2)(M) of this title.

§125 Employees of Hospital