(a) Employees of the Hospital directly affected by the assumption of programs and functions by the District government who meet the requirements for immediate retirement under the provisions of § 8336 (d) of Title 5, United States Code, shall be accorded the opportunity to retire during the 30-day period prior to the assumption of such programs and functions.
(b)(1) The system implementation plan shall prescribe the specific number and types of positions needed by the District government at the end of the service coordination period.
(2) Notwithstanding § 3503 of Title 5, United States Code, employees of the hospital shall only be transferred to District employment under the provisions of this section.
(c)(1) While on the retention list or the District or federal agency reemployment priority list, the system implementation plan shall provide to Hospital employees a right-of-first-refusal to District employment in positions for which such employees may qualify, (A) created under the system implementation plan in the comprehensive District mental health system, (B) available under the Department of Human Services of the District, and (C) available at the District of Columbia General Hospital.
(2) In accordance with federal regulations, the Secretary shall establish retention registers of hospital employees and provide such retention registers to the District government. Employment in positions identified in the system implementation plan under subsection (b) of this section shall be offered to hospital employees by the District government according to each such employee's relative standing on the retention registers.
(3) Employee appeals concerning the retention registers established by the Secretary shall be in accordance with federal regulations.
(4) Employee appeals concerning employment offers by the District shall be in accordance with Chapter 6 of Title 1.
(d)(1) Notwithstanding any other provision of law, employees of the Hospital, while on the federal agency reemployment priority list, shall have a right-of-first-refusal to employment in comparable available positions for which they qualify within the Department of Health and Human Services in the Washington metropolitan area.
(2) If necessary to separate employees of the hospital from federal employment, such employees may be separated only under federal reduction-in-force procedures.
(3) A federal agency reemployment priority list and a displaced employees program shall be maintained for employees of the hospital by the Secretary and the Office of Personnel Management in accordance with federal regulations for federal employees separated by reduction-in-force procedures.
(4) The Mayor shall create and maintain, in consultation with the Secretary, a District agency reemployment priority list of those employees of the Hospital on the retention registers who are not offered employment under subsection (c) of this section. Individuals who refuse an offer of employment under subsection (c) of this section shall be ineligible for inclusion on the District agency reemployment priority list. Such reemployment priority list shall be administered in accordance with procedures established pursuant to the District of Columbia Government Comprehensive Merit Personnel Act of 1978.
(5) Acceptance of nontemporary employment as a result of referral from any retention list or agency reemployment priority list shall automatically terminate an individual's severance pay as of the effective date of such employment.
(e) Any contract entered into by the District of Columbia for the provision of mental health services formerly provided by or at the hospital shall require the contractor or provider, in filling new positions created to perform under the contract, to give preference to qualified candidates on the District agency reemployment priority list created pursuant to subsection (d) of this section. An individual who is offered nontemporary employment with a contractor shall have his or her name remain on the District agency reemployment priority list under subsection (d) of this section for not more than 24 months from the date of acceptance of such employment.
CREDIT(S)
(Nov. 8, 1984, 98 Stat. 3369, Pub. L. 98-621, § 6.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 32-625.
Effective Dates
For effective date of this subchapter, see Historical and Statutory Notes following § 44-901.