Sec. 287. Transfer and rights of HUD employees
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/bill/113/hr/2767/ih/section-287·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Each employee of the Department of Housing and Urban Development who performs functions transferred under section 284 shall be transferred to the FHA for employment, not later than the date of the expiration of the transition period, and such transfer shall be deemed a transfer of function for purposes of section 3503 of title 5, United States Code. Each employee transferred under subsection
(a)shall be guaranteed a position with the same status, tenure, grade, and pay as the position held by such employee on the day immediately preceding the transfer. An employee transferred under subsection
(a)holding a permanent position on the day immediately preceding the transfer may not be involuntarily separated or reduced in grade or compensation during the 12-month period beginning on the date of transfer, except for cause, or, in the case of a temporary employee, separated in accordance with the terms of the appointment of the employee. In the case of an employee occupying a position in the excepted service or the Senior Executive Service, any appointment authority established under law or by regulations of the Office of Personnel Management for filling such position shall be transferred, subject to paragraph (2). The FHA may decline a transfer of authority under paragraph
(1)to the extent that such authority relates to— a position excepted from the competitive service because of its confidential, policymaking, policy-determining, or policy-advocating character; or a noncareer position in the Senior Executive Service (within the meaning of section 3132(a)(7) of title 5, United States Code). If the FHA determines, after the end of the 1-year period beginning on the expiration of the transition period, that a reorganization of the combined workforce is required, that reorganization shall be deemed a major reorganization for purposes of affording affected employee retirement under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code. Any employee of the Department of Housing and Urban Development accepting employment with the FHA as a result of a transfer under subsection
(a)may retain, for 12 months after the date on which such transfer occurs, membership in any employee benefit program of the FHA or the Department of Housing and Urban Development, as applicable, including insurance, to which such employee belongs on the date of the expiration of the transition period, if— the employee does not elect to give up the benefit or membership in the program; and the benefit or program is continued by the FHA. The difference in the costs between the benefits which would have been provided by the Department of Housing and Urban Development and those provided by this section shall be paid by the FHA. -If any employee elects to give up membership in a health insurance program or the health insurance program is not continued by the FHA, the employee shall be permitted to select an alternate Federal health insurance program not later than 30 days after the date of such election or notice, without regard to any other regularly scheduled open season.