12 USC 5432 - Transfer of employees

U.S Code last checked for updates: Nov 23, 2024

§ 5432.

Transfer of employees

(a)

In general

(1)

Office of Thrift Supervision employees

(A)

In general

(B)

Allocating employees for transfer to receiving agencies

The Director of the Office of Thrift Supervision, the Comptroller of the Currency, and the Chairperson of the Corporation shall—

(i)

jointly determine the number of employees of the Office of Thrift Supervision necessary to perform or support the functions that are transferred to the Office of the Comptroller of the Currency or the Corporation by this title; 1

 See References in Text note below.

and

(ii)

consistent with the determination under clause (i), jointly identify employees of the Office of Thrift Supervision for transfer to the Office of the Comptroller of the Currency or the Corporation.

(2)

Employees transferred; service periods credited

(3)

Appointment authority for excepted service transferred

(A)

In general

(B)

Declining transfers allowed

(4)

Additional appointment authority

(b)

Timing of transfers and position assignments

Each employee to be transferred under subsection (a)(1) shall—

(1)

be transferred not later than 90 days after the transfer date; and

(2)

receive notice of the position assignment of the employee not later than 120 days after the effective date of the transfer of the employee.

(c)

Transfer of functions

(1)

In general

(2)

Priority

(d)

Employee status and eligibility

(e)

Equal status and tenure positions

(1)

Status and tenure

(2)

Functions

(f)

No additional certification requirements

(g)

Personnel actions limited

(1)

Protection

(A)

In general

(B)

Affected employees

For purposes of this paragraph, the term “affected employee” means—

(i)

an employee transferred from the Office of Thrift Supervision holding a permanent position on the day before the transfer date; and

(ii)

an employee of the Office of the Comptroller of the Currency or the Corporation holding a permanent position on the day before the transfer date.

(2)

Exceptions

Paragraph (1) does not limit the right of the Office of the Comptroller of the Currency or the Corporation to—

(A)

separate an employee for cause or for unacceptable performance;

(B)

terminate an appointment to a position excepted from the competitive service because of its confidential policy-making, policy-determining, or policy-advocating character; or

(C)

reassign an employee outside such employee’s locality pay area when the Office of the Comptroller of the Currency or the Corporation determines that the reassignment is necessary for the efficient operation of the agency.

(h)

Pay

(1)

30-month protection

(2)

Exceptions

The Comptroller of the Currency or the Corporation may reduce the rate of basic pay of a transferred employee—

(A)

for cause, including for unacceptable performance; or

(B)

with the consent of the transferred employee.

(3)

Protection only while employed

(4)

Pay increases permitted

(i)

Benefits

(1)

Retirement benefits for transferred employees

(A)

In general

(i)

Continuation of existing retirement plan

(ii)

Employer’s contribution

(B)

Definition

(2)

Benefits other than retirement benefits

(A)

During first year

(i)

Existing plans continue

(ii)

Employer’s contribution

(B)

Dental, vision, or life insurance after first year

If, after the 1-year period beginning on the transfer date, the Office of the Comptroller of the Currency or the Corporation determines that the Office of the Comptroller of the Currency or the Corporation, as the case may be, will not continue to participate in any dental, vision, or life insurance program of an agency from which an employee was transferred, a transferred employee who is a member of the program may, before the decision takes effect and without regard to any regularly scheduled open season, elect to enroll in—

(i)

the enhanced dental benefits program established under chapter 89A of title 5;

(ii)

the enhanced vision benefits established under chapter 89B of title 5; and

(iii)

the Federal Employees’ Group Life Insurance Program established under chapter 87 of title 5, without regard to any requirement of insurability.

(C)

Long term care insurance after 1st year

(D)

Contribution of transferred employee

(i)

In general

(ii)

Cost differential

(iii)

Funds transfer

(E)

Special provisions to ensure continuation of life insurance benefits

(i)

In general

(ii)

Contribution of transferred employee

(I)

In general

(II)

Cost differential

(III)

Funds transfer

(IV)

Credit for time enrolled in other plans

(j)

Incorporation into agency pay system

(k)

Equitable treatment

In administering the provisions of this section, the Comptroller of the Currency and the Chairperson of the Corporation—

(1)

may not take any action that would unfairly disadvantage a transferred employee relative to any other employee of the Office of the Comptroller of the Currency or the Corporation on the basis of prior employment by the Office of Thrift Supervision;

(2)

may take such action as is appropriate in an individual case to ensure that a transferred employee receives equitable treatment, with respect to the status, tenure, pay, benefits (other than benefits under programs administered by the Office of Personnel Management), and accrued leave or vacation time for prior periods of service with any Federal agency of the transferred employee;

(3)

shall, jointly with the Director of the Office of Thrift Supervision, develop and adopt procedures and safeguards designed to ensure that the requirements of this subsection are met; and

(4)

shall conduct a study detailing the position assignments of all employees transferred pursuant to subsection (a), describing the procedures and safeguards adopted pursuant to paragraph (3), and demonstrating that the requirements of this subsection have been met; and shall, not later than 365 days after the transfer date, submit a copy of such study to Congress.

(l)

Reorganization

(1)

In general

(2)

Service credit

(Pub. L. 111–203, title III, § 322, July 21, 2010, 124 Stat. 1529.)

cite as: 12 USC 5432