
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC460lll-47]

 
                         TITLE 16--CONSERVATION
 
   CHAPTER 1--NATIONAL PARKS, MILITARY PARKS, MONUMENTS, AND SEASHORES
 
          SUBCHAPTER CXXIII--LAND BETWEEN THE LAKES PROTECTION
 
                       Part C--Transfer Provisions
 
Sec. 460lll-47. Personnel


(a) In general

                             (1) Hiring

        Notwithstanding section 3503 of title 5, and subject to 
    paragraph (2), the Secretary may--
            (A) appoint, hire, and discharge officers and employees to 
        administer the Recreation Area; and
            (B) pay the officers and employees at levels that are 
        commensurate with levels at other units of the National Forest 
        System.

             (2) Interim retention of eligible employees

        (A) In general

            For a period of not less than 5 months after the effective 
        date of transfer to the Forest Service--
                (i) all eligible employees shall be retained in the 
            employment of the Tennessee Valley Authority;
                (ii) those eligible employees shall be considered to be 
            placed on detail to the Secretary and shall be subject to 
            the direction of the Secretary; and
                (iii) the Secretary shall reimburse the Tennessee Valley 
            Authority for the amount of the basic pay and all other 
            compensation of those eligible employees.

        (B) Notice to employees

            The Secretary shall provide eligible employees a written 
        notice of not less than 60 days before termination.

        (C) Termination for cause

            Subparagraph (A) does not preclude a termination for cause 
        during the period described in subparagraph (A).

(b) Applications for transfer and appointment

    An eligible employee shall have the right to apply for employment by 
the Secretary under procedures for transfer and appointment of Federal 
employees outside the Department of Agriculture.

(c) Hiring by Secretary

                           (1) In general

        Subject to subsection (b) of this section, in filling personnel 
    positions within the Recreation Area, the Secretary shall follow all 
    laws (including regulations) and policies applicable to the 
    Department of Agriculture.

                     (2) Notification and hiring

        Notwithstanding paragraph (1), the Secretary--
            (A) shall notify all eligible employees of all openings for 
        positions with the Forest Service at the Recreation Area before 
        notifying other individuals or considering applications by other 
        individuals for the positions; and
            (B) after applications by eligible employees have received 
        consideration, if any positions remain unfilled, shall notify 
        other individuals of the openings.

                   (3) Noncompetitive appointments

        Notwithstanding any other placement of career transition 
    programs authorized by the Office of Personnel Management of the 
    United States Department of Agriculture, the Secretary may 
    noncompetitively appoint eligible employees to positions in the 
    Recreation Area.

                        (4) Period of service

        Except to the extent that an eligible employee that is appointed 
    by the Secretary may be otherwise compensated for the period of 
    service as an employee of the Tennessee Valley Authority, that 
    period of service shall be treated as a period of service as an 
    employee of the Secretary for the purposes of probation, career 
    tenure, time-in-grade, and leave.

(d) Transfer to positions in other units of Tennessee Valley Authority

    The Tennessee Valley Authority--
        (1) shall notify all eligible employees of all openings for 
    positions in other units of the Tennessee Valley Authority before 
    notifying other individuals or considering applications by other 
    individuals for the positions; and
        (2) after applications by eligible employees have received 
    consideration, if any positions remain unfilled, shall notify other 
    individuals of the openings.

(e) Employee benefit transition

                   (1) Memorandum of understanding

        (A) In general

            The Secretary and the heads of the Office of Personnel 
        Management, the Tennessee Valley Authority and the Tennessee 
        Valley Authority Retirement System shall enter into a memorandum 
        of understanding providing for the transition for all eligible 
        employees of compensation made available through the Tennessee 
        Valley Authority Retirement System.

        (B) Employee participation

            In deciding on the terms of the memorandum of understanding, 
        the Secretary and the heads of the Office of Personnel 
        Management, the Tennessee Valley Authority and the Tennessee 
        Valley Authority Retirement System shall meet and consult with 
        and give full consideration to the views of employees and 
        representatives of the employees of the Tennessee Valley 
        Authority.

     (2) Eligible employees that are transferred to other units 
                                   of TVA

        An eligible employee that is transferred to another unit of the 
    Tennessee Valley Authority shall experience no interruption in 
    coverage for or reduction of any retirement, health, leave, or other 
    employee benefit.

       (3) Eligible employees that are hired by the Secretary

        (A) Level of benefits

            The Secretary shall provide to an eligible employee that is 
        hired by the Forest Service a level of retirement and health 
        benefits that is equivalent to the level to which the eligible 
        employee would have been entitled if the eligible employee had 
        remained an employee of the Tennessee Valley Authority.

        (B) Transfer of retirement benefits

            (i) In general

                Eligible employees hired by the Forest Service shall 
            become members of the Civil Service Retirement System (CSRS) 
            Offset Plan and shall have the option to transfer into the 
            Federal Employees Retirement System (FERS) within six months 
            of their date of transfer. Such employees shall have the 
            option at any time to receive credit in CSRS Offset or FERS 
            for all of their TVA service in accordance with applicable 
            procedures. Any deposits necessary to receive credit for 
            such service shall be considered transfers to a qualified 
            plan for purposes of favorable tax treatment of such amount 
            under title 26.
            (ii) Funding shortfall

                (I) In general

                    For all eligible employees that are not part of the 
                Civil Service Retirement System, the Tennessee Valley 
                Authority shall meet any funding shortfall resulting 
                from the transfer of retirement benefits.
                (II) Notification

                    The Secretary shall notify the Tennessee Valley 
                Authority Board of the cost associated with the transfer 
                of retirement benefits.
                (III) Payment

                    The Tennessee Valley Authority shall fully 
                compensate the Secretary for the costs associated with 
                the transfer of retirement benefits.
                (IV) No interruption

                    An eligible employee that is hired by the Forest 
                Service and is eligible for Civil Service Retirement 
                shall not experience any interruption in retirement 
                benefits.

        (C) No interruption

            An eligible employee that is hired by the Secretary--
                (i) shall experience no interruption in coverage for any 
            health, leave, or other employee benefit; and
                (ii) shall be entitled to carry over any leave time 
            accumulated during employment by the Tennessee Valley 
            Authority.

        (D) Period of service

            Notwithstanding section 8411(b)(3) of title 5, except to the 
        extent that an eligible employee may be otherwise compensated 
        (including the provision of retirement benefits in accordance 
        with the memorandum of understanding) for the period of service 
        as an employee of the Tennessee Valley Authority, that period of 
        service shall be treated as a period of service as an employee 
        of the U.S. Department of Agriculture for all purposes relating 
        to the Federal employment of the eligible employee.

      (4) Eligible employees that are discharged not for cause

        (A) Level of benefits

            The parties to the memorandum of understanding shall have 
        authority to deem any applicable requirement to be met, to make 
        payments to an employee, or take any other action necessary to 
        provide to an eligible employee that is discharged as being 
        excess to the needs of the Tennessee Valley Authority or the 
        Secretary and not for cause and that does not accept an offer of 
        employment from the Secretary, an optimum level of retirement 
        and health benefits that is equivalent to the level that has 
        been afforded employees discharged in previous reductions in 
        force by the Tennessee Valley Authority.

        (B) Minimum benefits

            An eligible employee that is discharged as being excess to 
        the needs of the Tennessee Valley Authority or the Secretary and 
        not for cause shall, at a minimum be entitled to--
                (i) at the option of the eligible employee--
                    (I) a lump-sum equal to $1,000, multiplied by the 
                number of years of service of the eligible employee (but 
                not less that $15,000 nor more than $25,000);
                    (II) a lump-sum payment equal to the amount of pay 
                earned by the eligible employee for the last 26 weeks of 
                the eligible employee's service; or
                    (III) the deemed addition of 5 years to the age and 
                the years of service of an eligible employee;

                (ii) 15 months of health benefits for employees and 
            dependents at the same level provided as of the date of 
            transfer pursuant to section 460lll-41 of this title;
                (iii) 1 week of pay per year of service as provided by 
            the Tennessee Valley Authority Retirement System;
                (iv) a lump-sum payment of all accumulated annual leave;
                (v) unemployment compensation in accordance with State 
            law;
                (vi) eligible pension benefits as provided by the 
            Tennessee Valley Authority Retirement System; and
                (vii) retraining assistance provided by the Tennessee 
            Valley Authority.

        (C) Shortfall

            If the board of directors of the Tennessee Valley Authority 
        Retirement System determines that the cost of providing the 
        benefits described in subparagraphs (A) and (B) would have a 
        negative impact on the overall retirement system, the Tennessee 
        Valley Authority shall be required to meet any funding 
        shortfalls.

(Pub. L. 105-277, div. A, Sec. 101(e) [title V, Sec. 547], Oct. 21, 
1998, 112 Stat. 2681-231, 2681-321.)
