§ 225e TITLE 24—HOSPITALS AND ASYLUMS Page 20

to District employment under the provisions of

this section.

(c) Retention list; reemployment priority list;

right-of-first-refusal; retention registers; employee appeals

(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 the District of Columbia Government Comprehensive Merit Personnel Act of 1978 [D.C.

Code, §1–601 et seq.].

(d) Federal agency reemployment priority list;

right-of-first-refusal; Department of Health

and Human Services; separation; maintenance of lists; District agency reemployment

priority list; refusal of employment offer; acceptance of nontemporary employment

(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-inforce 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 (D.C. Law 2–139) [D.C. Code, §1–601.1

et seq.].

(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) Contracts; mental health services; preferences

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.

(Pub. L. 98–621, §6, Nov. 8, 1984, 98 Stat. 3374.)

REFERENCES IN TEXT

The District of Columbia Government Comprehensive

Merit Personnel Act of 1978, referred to in subsecs.

(c)(4) and (d)(4), is D.C. Law 2–139, Mar. 3, 1979, which

appears in chapter 6 (§1–601.1 et seq.) of Title 1, Administration, of the District of Columbia Code.

CONTINUED COVERAGE UNDER CERTAIN FEDERAL EMPLOYEE BENEFITS PROGRAMS FOR CERTAIN EMPLOYEES OF SAINT ELIZABETHS HOSPITAL

For provisions relating to treatment of certain Federal employees of Saint Elizabeths Hospital under certain Federal employee benefit programs, see section

207(o) of Pub. L. 99–335, set out as a note under section

8331 of Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 225e of this title.

§ 225e. Conditions of employment for former employees of Hospital

(a) Individuals accepting employment; without

service breaks

Each individual accepting employment without a break in service with the District government pursuant to section 225d of this title

shall—

(1) except as specifically provided in this

subchapter, be required to meet all District

qualifications other than licensure requirements for appointment required of other candidates, and shall become District employees

in the comparable District service subject to

the provisions of the District of Columbia

Government Comprehensive Merit Personnel

Act of 1978 [D.C. Code, §1–601.1 et seq.], and all

other statutes and regulations governing District personnel;

(2) meet all licensure requirements within 18

months of appointment by the District government;

(3) notwithstanding chapter 63 of title 5,

transfer accrued annual and sick leave bal-
Page 21 TITLE 24—HOSPITALS AND ASYLUMS § 225f

1So in original. Probably should not be capitalized. 1So in original. Probably should be ‘‘identified’’.

ances pursuant to title XII of the District of

Columbia Comprehensive Merit Personnel Act

of 1978 [D.C. Code, §1–613.1 et seq.];

(4) have the grade and rate of pay determined in accordance with regulations established pursuant to title XI of the District of

Columbia Comprehensive Merit Personnel Act

of 1978 [D.C. Code, §1.612.1 et seq.], except that

no employee shall suffer a loss in the basic

rate of pay or in seniority;

(5) if applicable, retain a rate of pay including the physician’s comparability allowance

under the provisions of section 5948 of title 5,

and continue to receive such allowance under

the terms of the then prevailing agreement

until its expiration or for a period of 2 years

from the date of appointment by the District

government, whichever occurs later;

(6) be entitled to the same health and life insurance benefits as are available to District

employees in the applicable service;

(7) if employed by the Federal Government

before January 1, 1984, continue to be covered

by the United States Civil Service Retirement

System, under chapter 83 of title 5, to the

same extent that such retirement system covers District Government 1 employees; and

(8) if employed by the Federal Government

on or after January 1, 1984, be subject to the

retirement system applicable to District government employees pursuant to title XXVI,

Retirement, of the District of Columbia Government Comprehensive Merit Personnel Act

of 1978 [D.C. Code, §1–627.1 et seq.].

(b) Exemption from residency requirements

An individual appointed to a position in the

District government without a break in service,

from the retention list, or from the District or

Federal agency reemployment priority lists

shall be exempt from the residency requirements of title VIII of the District of Columbia

Government Comprehensive Merit Personnel

Act of 1978 [D.C. Code, §1–608.1 et seq.].

(c) Compensation; work related injuries

An individual receiving compensation for

work injuries pursuant to chapter 81 of title 5

shall—

(1) continue to have the claims adjudicated

and the related costs paid by the Federal Government until such individual recovers and returns to duty;

(2) if medically recovered and returned to

duty, have any subsequent claim for the recurrence of the disability determined and paid

under the provisions of title XXIII of the District of Columbia Comprehensive Merit Personnel Act of 1978 [D.C. Code, §1–624.1 et seq.].

(d) Actions by District against individuals accepting employment

The District government may initiate or continue an action against an individual who accepts employment under section 225d(c) of this

title for cause related to events that occur prior

to the end of the service coordination period.

Any such action shall be conducted in accordance with such Federal laws and regulations

under which action would have been conducted

had the assumption of function by the District

not occurred.

(e) Commissioned public health service officers

Commissioned public health service officers

detailed to the District of Columbia mental

health system shall not be considered employees

for purposes of any full-time employee equivalency total of the Department of Health and

Human Services.

(f) Former patient employees

For purposes of this section, Hospital employees shall include former patient employees occupying career positions at the Hospital.

(Pub. L. 98–621, §7, Nov. 8, 1984, 98 Stat. 3375.)

REFERENCES IN TEXT

The District of Columbia Government Comprehensive

Merit Personnel Act of 1978, referred to in subsecs.

(a)(1), (3), (4), (8), (b), and (c), is D.C. Law 2–139, Mar. 3,

1979, appears in chapter 6 (§1–601.1 et seq.) of Title 1,

Administration, of the District of Columbia Code.

Titles XII, XI, XXVI, and VIII and XXIII of the District

of Columbia Comprehensive Merit Personnel Act of 1978

appear in subchapters XIII (§1–613.1 et seq.), XII

(§1–612.1 et seq.), XXVII (§1–627.1 et seq.), VIII (§1–608.1),

and XXIV (§1–624.1 et seq.), respectively, of chapter 6 of

Title 1.

§ 225f. Property transfer

(a) Authority of Secretary; exclusion of certain

real property

(1) Except as provided in paragraph (2), on October 1, 1987, the Secretary shall transfer to the

District, without compensation, all right, title,

and interest of the United States in all real

property at Saint Elizabeths Hospital in the District of Columbia together with any buildings,

improvements, and personal property used in

connection with such property needed to provide

mental health and other services provided by

the Department of Human Services indentified 1

pursuant to section 225b(c)(7) of this title.

(2) Such real property as is identified by the

Secretary by September 30, 1987, as necessary to

Federal mental health programs at Saint Elizabeths Hospital under section 225(b)(5) of this

title shall not be transferred under this subsection.

(b) Preparation of master plan; consultation; approval; property transfer; exclusion of Oxon

Cove Park

On or before October 1, 1992, the Mayor shall

prepare, and submit to the Committee on the

District of Columbia of the House of Representatives and the Committees on Governmental Affairs and Labor and Human Resources of the

Senate, a master plan, not inconsistent with the

comprehensive plan for the National Capital, for

the use of all real property, buildings, improvements, and personal property comprising Saint

Elizabeths Hospital in the District of Columbia

not transferred or excluded pursuant to subsection (a) of this section. In developing such

plan, the Mayor shall consult with, and provide

an opportunity for review by, appropriate Federal, regional, and local agencies. Such master

plan submitted by the Mayor shall be approved