§ 44-906 — Conditions of employment for former employees of the Hospital.

(a) Each individual accepting employment without a break in service with the District government pursuant to § 44-905 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 Chapter 6 of Title 1 , and all other statutes and regulations governing District personnel;

(2) Meet all licensure requirements within 27 months of appointment by the District government or shall be issued a limited license subject to the provisions, limitations, conditions, or restrictions that shall be determined by the appropriate board or commission. The limited license shall not exceed the term of employment with the Commission on Mental Health Services;

(3) Notwithstanding Chapter 63 of Title 5, United States Code, transfer accrued annual and sick leave balances pursuant to subchapter XII of Chapter 6 of Title 1 ;

(4) Have the grade and rate of pay determined in accordance with regulations established pursuant to subchapter XI of Chapter 6 of Title 1 , 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 § 5948 of Title 5, United States Code, 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, United States Code, to the same extent that such retirement system covers District government 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 subchapter XXVI, Retirement, of Chapter 6 of Title 1 .

(b) 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 subchapter VIII of Chapter 6 of Title 1 .

(c) An individual receiving compensation for work injuries pursuant to Chapter 81 of Title 5, United States Code, 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 subchapter XXIII of Chapter 6 of Title 1 .

(d) The District government may initiate or continue an action against an individual who accepts employment under § 44-905(c) 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 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) For purposes of this section, Hospital employees shall include former patient employees occupying career positions at the Hospital.

Legislative History

Nov. 8, 1984, 98 Stat. 3369, Pub. L. 98-621, § 7; June 8, 1989, D.C. Law 8-7, § 2, 36 DCR 2847; Oct. 18, 1989, D.C. Law 8-40, § 2