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Title 20, EducationRelease 119-110

§3502 Effect on Personnel

Title 20 › CHAPTER 48 — DEPARTMENT OF EDUCATION › SUBCHAPTER V — TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS › § 3502

Last updated Sep 22, 2026|Official source

Summary

When full-time employees (not special Government employees) or permanent part-time employees are moved into the Department under this part, they cannot be fired or dropped in rank or pay for one year after the transfer, unless another part of the chapter says otherwise. If a person held a job paid under the Executive Schedule on May 3, 1980 and, without interrupting their service, took a Department job with similar duties, they must be paid at least the same rate they had before for as long as they hold that new job.

Full Legal Text

Title 20, §3502

Education, Source: USLM XML via OLRC

(a)Non-separation or non-reduction in grade or compensation of full-time personnel and part-time personnel holding permanent positions
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)Positions compensated in accordance with Executive Schedule
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

Sep 22, 2026

Release point: 119-110