Page:United States Statutes at Large Volume 111 Part 3.djvu/95

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PUBLIC LAW 105-100—NOV. 19, 1997 111 STAT. 2183 Law 104-194), is amended by adding at the end the following new section: "SEC. 2408. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR 1998. "(a) Notwithstanding any other provision of law, regulation, or collective bargaining agreement either in effect or to be negotiated while this legislation is in effect for the fiscal year ending September 30, 1998, each agency head is authorized, within the agency head's discretion, to identify positions for abolishment. "(b) Prior to February 1, 1998, each personnel authority (other than a personnel authority of an agency which is subject to a management reform plan under subtitle B of title XI of the Balanced Budget Act of 1997) shall make a final determination that a position within the personnel authority is to be abolished. "(c) Notwithstanding any rights or procedures established by any other provision of this title, any District government employee, regardless of date of hire, who encumbers a position identified for abolishment shall be separated without competition or assignment rights, except as provided in this section. "(d) An employee affected by the abolishment of a position pursuant to this section who, but for this section would be entitled to compete for retention, shall be entitled to one round of lateral competition pursuant to Chapter 24 of the District of Columbia Personnel Manual, which shall be limited to positions in the employee's competitive level. "(e) Each employee selected for separation pursuant to this Notice. section shall be given written notice of at least 30 days before the effective date of his or her separation. "(f) Neither the establishment of a competitive area smaller than an agency, nor the determination that a specific position is to be abolished, nor separation pursuant to this section shall be subject to review except that— "(1) an employee may file a complaint contesting a determination or a separation pursuant to title XV of this Act or section 303 of the Human Rights Act of 1977 (D.C. Code, sec. 1-2543); and "(2) an employee may file with the Office of Employee Appeals an appeal contesting that the separation procedures of subsections (d) and (e) were not properly applied. "(g) An employee separated pursuant to this section shall be Severance pay. entitled to severance pay in accordance with title XI of this Act, except that the following shall be included in computing creditable service for severance pay for employees separated pursuant to this section— "(1) four years for an employee who qualified for vetergins preference under this Act, and "(2) three years for an employee who qualified for residency preference under this Act. "(h) Separation pursuant to this section shall not affect an employee's rights under either the Agency Remployment Priority Program or the Displaced Employee Program established pursuant to Chapter 24 of the District Personnel Manual. "(i) With respect to agencies which are not subject to a manage- Listing. ment reform plan under subtitle B of title XI of the Balanced Budget Act of 1997, the Mayor shall submit to the Council a listing of all positions to be abolished by agency and responsibility