42 U.S.C. § 5872: Transfer of personnel

Summary

Transfers under this chapter move the people, jobs, assets, debts, contracts, property, records, and any unused funds tied to the transferred programs to the new agency under section 1531 of Title 31. Jobs created by law, the people in those jobs on the transfer date, and employees paid at Executive Schedule levels II–V are covered by the special pay and protection rules below and by section 5871. Except as noted below, permanent employees who are transferred cannot be fired, moved to a lower grade, or have their pay cut for one year after the transfer. If, on the transfer date, someone held a job paid under the Executive Schedule in chapter 53 of Title 5 and then immediately takes a similar job in the new agency without a break in service, they must be paid at least as much as before.

Title 42, §5872

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(a)Provisions of law applicable

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)Prohibition against separation or reduction in grade or compensation for one year after transfer

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)Compensation in new position at not less than rate provided for previous position

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