12 2 STA T . 2 79 9 PUBLIC LA W 11 0– 2 8 9 —J UL Y3 0 , 2008 (2)NOINV O LU N TARYSEP ARATION OR RE D U C TION .—Anemploy ee h ol di n ga pe r manen t po s ition on the day immediately pre c eding the trans f er may not b ein v ol u ntarily separated or reduced in grade or compensation during the 1 2 - month period beginning on the date of transfer , e x cept for cause, or, if the employee is a temporary employee, separated in accordance w ith the terms of the appointment of the employee. (c) APPOINT M ENT AUT H ORITY F OR EX CEPTED EMPLOYEES.— (1) I N G ENERAL.—In the case of an employee occupying a position in the excepted service, any appointment authority established under law or by regulations of the O ffice of P er- sonnel M anagement for filling such position shall be trans- ferred, sub j ect to paragraph (2). (2) D ECLINE OF TRANSFER.— T he Director may decline a transfer of authority under paragraph (1), to the extent that such authority relates to a position excepted from the competi- tive service because of its confidential, policyma k ing, policy- determining, or policy-advocating character. (d) R EORGANI Z ATION.—If the Director determines, after the end of the 1-year period beginning on the effective date of the abolish- ment under section 1 3 11(a), that a reorgani z ation of the combined workforce is re q uired, that reorganization shall be deemed a major reorganization for purposes of affording affected employee retire- ment under section 8 33 6 (d)(2) or 8 4 14(b)(1)( B ) of title 5 , U nited S tates C ode. (e) EMPLOYEE BENEFIT PROGRAMS.— (1) IN GENERAL.—Any employee of the Board accepting employment with the Agency as a result of a transfer under subsection (a) may retain, for 12 months after the date on which such transfer occurs, membership in any employee ben- efit program of the Agency or the Board, as applicable, including insurance, to which such employee belongs on the effective date of the abolishment under section 1311(a) 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. (2) COST DIFFERENTIAL.— (A) IN GENERAL.—The difference in the costs between the benefits which would have been provided by the Board and those provided by this section shall be paid by the Director. (B) H EALTH INSURANCE.—If any employee elects to give up membership in a health insurance program or the health insurance program is not continued by the Director, the employee shall be permitted to select an alternate F ederal health insurance program not later than 3 0 days after the date of such election or notice, without regard to any other regularly scheduled open season. SEC.13 1 4 . TRAN S F ER O F P ROPERT Y AN D FAC IL ITIES. Upon the effective date of the abolishment under section 1311(a), all property of the Board shall transfer to the Agency. Ef f ectiv e da te .12USC45 11 no te. D ead l ine. Effective date.
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