PUBLIC LAW 104-134—APR. 26, 1996
110 STAT. 1321-98
agency on the basis of all or a clearly identifiable segment
of an agency's mission or a division or major subdivision of
an agency.".
(b) A new section 2406 is added to read as follows:
"SEC. 2406. ABOLISHMENT OF POSITIONS FOR FISCAL YEAR 1996.
"(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, 1996, each agency head is authorized,
within the agency head's discretion, to identify positions for
abolishment.
"(b) Prior to August 1, 1996, each personnel authority
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 1 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 who is a bona fide resident of the
District of Columbia shall have added 5 years to his or her
creditable service for reduction-in-force purposes. For purposes
of this subsection only, a nonresident District employee who
was hired by the District government prior to January 1, 1980,
and has not had a break in service since that date, or a
former employee of the U.S. Department of Health and Human
Services at Saint Elizabeths Hospital who accepted employment
with the District government on October 1, 1987, and has
not had a break in service since that date, shall be considered
a District resident.
"(f) Each employee selected for separation pursuant to this
section shall be given written notice of at least 30 days before
the effective date of his or her separation.
"(g) 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 as follows—
"(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, effective December 13, 1977 (D.C. Law 2-38; 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 (f) of this section were not
properly applied.
"(h) An employee separated pursuant to this section shall
be 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—
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