16 USC 460lll-47 - Personnel

U.S Code last checked for updates: Nov 22, 2024

§ 460lll–47.

Personnel

(a)

In general

(1)

Hiring

Notwithstanding section 3503 of title 5, and subject to paragraph (2), the Secretary may—

(A)

appoint, hire, and discharge officers and employees to administer the Recreation Area; and

(B)

pay the officers and employees at levels that are commensurate with levels at other units of the National Forest System.

(2)

Interim retention of eligible employees

(A)

In general

For a period of not less than 5 months after the effective date of transfer to the Forest Service—

(i)

all eligible employees shall be retained in the employment of the Tennessee Valley Authority;

(ii)

those eligible employees shall be considered to be placed on detail to the Secretary and shall be subject to the direction of the Secretary; and

(iii)

the Secretary shall reimburse the Tennessee Valley Authority for the amount of the basic pay and all other compensation of those eligible employees.

(B)

Notice to employees

(C)

Termination for cause

(b)

Applications for transfer and appointment

(c)

Hiring by Secretary

(1)

In general

(2)

Notification and hiring

Notwithstanding paragraph (1), the Secretary—

(A)

shall notify all eligible employees of all openings for positions with the Forest Service at the Recreation Area before notifying other individuals or considering applications by other individuals for the positions; and

(B)

after applications by eligible employees have received consideration, if any positions remain unfilled, shall notify other individuals of the openings.

(3)

Noncompetitive appointments

(4)

Period of service

(d)

Transfer to positions in other units of Tennessee Valley Authority

The Tennessee Valley Authority—

(1)

shall notify all eligible employees of all openings for positions in other units of the Tennessee Valley Authority before notifying other individuals or considering applications by other individuals for the positions; and

(2)

after applications by eligible employees have received consideration, if any positions remain unfilled, shall notify other individuals of the openings.

(e)

Employee benefit transition

(1)

Memorandum of understanding

(A)

In general

(B)

Employee participation

(2)

Eligible employees that are transferred to other units of TVA

(3)

Eligible employees that are hired by the Secretary

(A)

Level of benefits

(B)

Transfer of retirement benefits

(i)

In general

(ii)

Funding shortfall

(I)

In general

(II)

Notification

(III)

Payment

(IV)

No interruption

(C)

No interruption

An eligible employee that is hired by the Secretary—

(i)

shall experience no interruption in coverage for any health, leave, or other employee benefit; and

(ii)

shall be entitled to carry over any leave time accumulated during employment by the Tennessee Valley Authority.

(D)

Period of service

(4)

Eligible employees that are discharged not for cause

(A)

Level of benefits

(B)

Minimum benefits

An eligible employee that is discharged as being excess to the needs of the Tennessee Valley Authority or the Secretary and not for cause shall, at a minimum be entitled to—

(i)

at the option of the eligible employee—

(I)

a lump-sum equal to $1,000, multiplied by the number of years of service of the eligible employee (but not less that $15,000 nor more than $25,000);

(II)

a lump-sum payment equal to the amount of pay earned by the eligible employee for the last 26 weeks of the eligible employee’s service; or

(III)

the deemed addition of 5 years to the age and the years of service of an eligible employee;

(ii)

15 months of health benefits for employees and dependents at the same level provided as of the date of transfer pursuant to section 460lll–41 of this title;

(iii)

1 week of pay per year of service as provided by the Tennessee Valley Authority Retirement System;

(iv)

a lump-sum payment of all accumulated annual leave;

(v)

unemployment compensation in accordance with State law;

(vi)

eligible pension benefits as provided by the Tennessee Valley Authority Retirement System; and

(vii)

retraining assistance provided by the Tennessee Valley Authority.

(C)

Shortfall

(

cite as: 16 USC 460lll-47