103 STAT. 362 PUBLIC LAW 101-73 —AUG. 9, 1989 reduced in grade or compensation for 1 year after the date of transfer, except for cause. (3)(A) In the case of employees occupying positions in the excepted service or the Senior Executive Service, any appoint- ment authority established pursuant to law or regulations of the Office of Personnel Management for filling such positions shall be transferred, subject to subparagraph (B). (B) An agency or entity may decline a transfer of authority under subparagraph (A) (and the employees appointed pursuant thereto) to the extent that such authority relates to positions excepted from the competitive service because of their confiden- tial, policy-making, policy-determining, or policy-advocating character, and noncareer positions in the Senior Executive Service (within the meaning of section 3132(a)(7) of title 5, United States Code). (4) If any agency or entity to which employees are transferred determines, after the end of the 1-year period beginning on the date the transfer of functions to such agency or entity is com- pleted, that a reorganization of the combined work force is required, that reorganization shall be deemed a "major reorga- nization" for purposes of affording affected employees retire- ment under section 8336(d)(2) or 8414(b)(l)(B) of title 5, United States Code. (5) Any employee accepting employment with any agency or entity (other than the Office of Thrift Supervision) as a result of such transfer may retain for 1 year after the date such transfer occurs membership in any employee benefit program of the Federal Home Loan Bank Board, including insurance, to which such employee belongs on the date of the enactment of this Act if— (A) the employee does not elect to give up the benefit or membership in the program; and (B) the benefit or program is continued by the Director of the Office of Thrift Supervision. The difference in the costs between the benefits which would have been provided by such agency or entity and those provided by this section shall be paid by the Director of the Office of Thrift Supervision. If any employee elects to give up member- ship in a health insurance program or the health insurance program is not continued by the Director of the Office of Thrift Supervision, the employee shall be permitted to select an alter- nate Federal health insurance program within 30 days of such election or notice, without regard to any other regularly sched- uled open season. (6) Any employee employed by the Office of Thrift Supervision as a result of the transfer may retain membership in any employee benefit program of the Federal Home Loan Bank Board, including insurance, which such employee has on the date of enactment of this Act, if such employee does not elect to give up such membership and the benefit or program is contin- ued by the Director of the Office of Thrift Supervision. If any employee elects to give up membership in a health insurance program or the health insurance program is not continued by the Director of the Office of Thrift Supervision, such employee shall be permitted to select an alternate Federal health insur- ance program within 30 days of such election or discontinuance, without regard to any other regularly scheduled open season.
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