§ 125. Employees of hospital

Statutory text

Opportunity to transfer; guarantee of rights and benefits

The agreement for transfer of Freedmen’s Hospital referred to in section 124 of this title shall include provisions to assure that—

all individuals who are career or career-conditional employees of the hospital on the day preceding the effective date of the transfer of the hospital, except those in positions with respect to which they have been notified not less than six months prior to the effective date of such transfer that their positions are to be abolished, will be offered an opportunity to transfer to Howard University;

Howard University—

will not reduce the salary levels for such employees who transfer,

will deposit currently (i) in the civil service retirement and disability fund referred to in section 8348 of title 5, the employee deductions and agency contributions required by subchapter III of chapter 83 of title 5, and (ii) in the fund referred to in section 8714 of title 5, the employee deductions and agency contributions required by chapter 87 of title 5.

will provide other benefits for such employees as nearly equivalent as may be practicable to those generally applicable, on the effective date of the transfer of the hospital, to civilian employees of the United States, and

in determining the seniority rights of its employees, Howard University will credit service with Freedmen’s Hospital performed by such employees who transfer, on the same basis as it would credit such service had it been performed for such University;

the transfer will become effective not later than the beginning of the second month which begins after construction of the new hospital facilities authorized by section 126 of this title is commenced.

Placement of employees in comparable Federal positions

The Department of Health, Education, and Welfare shall make every reasonable effort to place in other comparable Federal positions all individuals who are career or career-conditional employees of Freedmen’s Hospital on September 21, 1961 and who do not transfer to Howard University.

Services performed in the employ of United States

Each individual who is an employee of Freedmen’s Hospital on September 21, 1961 and who transfers to Howard University shall, so long as he is continuously in the employ of Howard University, be regarded as continuing in the employ of the United States for the purposes of subchapter III of chapter 83 of title 5, chapter 87 of title 5. For purposes of section 3121(b) of title 26 and section 410 of title 42, service performed by such individual during the period of his employment at Howard University shall be regarded as though performed in the employ of the United States.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1961
Pub. L. 87–262 § 2 · 75 Stat. 542
Enacted · 20 U.S.C. § 125
Pub. L. 87–262, § 2, Sept. 21, 1961, 75 Stat. 542
Source evidence
Code source credit
Pub. L. 87–262, § 2, Sept. 21, 1961, 75 Stat. 542
Enacted provision · exact public law section
Sec. 2. provision for employees of hospital (a) The agreement for transfer of Freedmen’s Hospital referred to in section 1 shall include provisions to assure that— (1) all individuals who are career or career-conditional employees of the hospital on the day preceding the effective date of the transfer of the hospital, except those in positions with respect to which they have been notified not less than six months prior to the effective date of such transfer that their positions are to be abolished, will be offered an opportunity to transfer to Howard University; (2) Howard University— (A) will not reduce the salary levels for such employees who transfer, (B) will deposit currently (i) in the civil service retirement 41 Stat. 618. and disability fund created by the Act of May 22, 1920, the employee deductions and agency contributions required 70 Stat. 743. 5 USC 2251 note. by the Civil Service Retirement Act, and (ii) in the fund created by section 5(c) of the Federal Employees’ Group Life 68 Stat. 739. 5 USC 2094. Insurance Act of 1954 the employee deductions and agency contributions required by the Federal Employees’ Group Life Insurance Act of 1954, (C) will provide other benefits for such employees as nearly equivalent as may be practicable to those generally applicable, on the effective date of the transfer of the hospital, to civilian employees of the United States, and (D) in determining the seniority rights of its employees, Howard University will credit service with Freedmen’s Hospital performed by such employees who transfer, on the same basis as it would credit such service had it been performed for such University; (3) the transfer will become effective not later than the beginning Effective date of transfer. of the second month which begins after construction of the new hospital facilities authorized by section 3 is commenced. (b) The Department of Health, Education, and Welfare shall make every reasonable effort to place in other comparable Federal positions all individuals who are career or career-conditional employees of Freedmen’s Hospital on the date of enactment of this Act and who do not transfer to Howard University. (c) Each individual who is an employee of Freedmen’s Hospital on the date of enactment of this Act and who transfers to Howard University shall, so long as he is continuously in the employ of Howard University, be regarded as continuing in the employ of the United States for the purposes of the Civil Service Retirement Act, the 5 USC 2251 note. Federal Employees’ Group Life Insurance Act of 1954. For purposes 5 USC 2091 note. of section 3121(b) of the Internal Revenue Code of 1954 and section 26 USC 3121. 210 of the Social Security Act, service performed by such individual 42 USC 410. during the period of his employment at Howard University shall be regarded as though performed in the employ of the United States.
1986
Tax Reform Act of 1986
Pub. L. 99–514 § 2 · 100 Stat. 2085
Substituted · 20 U.S.C. § 125(c)
Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text
Source evidence
Code amendment note
Subsec. (c). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.
Enacted provision · exact public law section
SEC. 2. INTERNAL REVENUE CODE OF 1986. (a) Redesignation of 1954 Code.— The Internal Revenue Title enacted August 16, 1954, as heretofore, hereby, or hereafter amended, may be cited as the “Internal Revenue Code of 1986”. (b) References in Laws, Etc.— Except when inappropriate, any reference in any law, Executive order, or other document— (1) to the Internal Revenue Code of 1954 shall include a reference to the Internal Revenue Code of 1986, and (2) to the Internal Revenue Code of 1986 shall include a reference to the provisions of law formerly known as the Internal Revenue Code of 1954.

2 of 2 references resolved to an enrolled provision

Editorial Notes

Codification

In subsec. (a)(2)(B), “civil service retirement and disability fund referred to in section 8348 of title 5” substituted for “civil service retirement and disability fund required by the Act of May 22, 1920” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees. Previously, act May 22, 1920, ch. 195, 41 Stat. 614, was superseded by act May 29, 1930, known as the Civil Service Retirement Act of 1930, which was generally amended by act July 31, 1956, ch. 804, § 401, 70 Stat. 743.

In subsecs. (a)(2)(B) and (c), “subchapter III of chapter 83 of title 5” substituted for “the Civil Service Retirement Act” on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.

In subsec. (a)(2)(B), “fund referred to in section 8714 of title 5” substituted for “the fund created by section 5(c) of the Federal Employees’ Group Life Insurance Act of 1954” and, in subsecs. (a)(2)(B) and (c), “chapter 87 of title 5” substituted for “the Federal Employees’ Group Life Insurance Act of 1954”, on authority of Pub. L. 89–554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5.

Amendments

1986—Subsec. (c). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”, which for purposes of codification was translated as “title 26” thus requiring no change in text.

Statutory Notes and Related Subsidiaries

Transfer of Functions

Functions of Secretary of Health, Education, and Welfare under laws relating to relationship between Howard University and Department of Health, Education, and Welfare transferred to Secretary of Education by section 3441(a)(2)(M) of this title.

Credits

1961–1986 · 2 acts

1961Pub. L. 87–262, § 2, Sept. 21, 1961, 75 Stat. 542
1986Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.

Show as published

(Pub. L. 87–262, § 2, Sept. 21, 1961, 75 Stat. 542; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)