Current as of: February 2010 (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, 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 balances pursuant to title XII of the
District of Columbia Comprehensive Merit Personnel Act of 1978;
(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, 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.
(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.
(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) 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.Legislative History ________________________________________________________________________
U.S. Code Provisions: Mental HealthState Laws: Mental Health
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