 
                      CHAPTER 8--HOWARD UNIVERSITY
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 125. Employees of hospital


(a) Opportunity to transfer; guarantee of rights and benefits

    The agreement for transfer of Freedmen's Hospital referred to in 
section 124 of this title shall include provisions to assure that--
        (1) all individuals who are career or career-conditional 
    employees of the hospital on the day preceding the effective date of 
    the transfer of the hospital, except those in positions with respect 
    to which they have been notified not less than six months prior to 
    the effective date of such transfer that their positions are to be 
    abolished, will be offered an opportunity to transfer to Howard 
    University;
        (2) Howard University--
            (A) will not reduce the salary levels for such employees who 
        transfer,
            (B) will deposit currently (i) in the civil service 
        retirement and disability fund referred to in section 8348 of 
        title 5, the employee deductions and agency contributions 
        required by subchapter III of chapter 83 of title 5, and (ii) in 
        the fund referred to in section 8714 of title 5, the employee 
        deductions and agency contributions required by chapter 87 of 
        title 5.
            (C) will provide other benefits for such employees as nearly 
        equivalent as may be practicable to those generally applicable, 
        on the effective date of the transfer of the hospital, to 
        civilian employees of the United States, and
            (D) in determining the seniority rights of its employees, 
        Howard University will credit service with Freedmen's Hospital 
        performed by such employees who transfer, on the same basis as 
        it would credit such service had it been performed for such 
        University;

        (3) the transfer will become effective not later than the 
    beginning of the second month which begins after construction of the 
    new hospital facilities authorized by section 126 of this title is 
    commenced.

(b) Placement of employees in comparable Federal positions

    The Department of Health, Education, and Welfare shall make every 
reasonable effort to place in other comparable Federal positions all 
individuals who are career or career-conditional employees of Freedmen's 
Hospital on September 21, 1961 and who do not transfer to Howard 
University.

(c) Services performed in the employ of United States

    Each individual who is an employee of Freedmen's Hospital on 
September 21, 1961 and who transfers to Howard University shall, so long 
as he is continuously in the employ of Howard University, be regarded as 
continuing in the employ of the United States for the purposes of 
subchapter III of chapter 83 of title 5, chapter 87 of title 5. For 
purposes of section 3121(b) of title 26 and section 410 of title 42, 
service performed by such individual during the period of his employment 
at Howard University shall be regarded as though performed in the employ 
of the United States.

(Pub. L. 87-262, Sec. 2, Sept. 21, 1961, 75 Stat. 542; Pub. L. 99-514, 
Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

                          Codification

    In subsec. (a)(2)(B), ``civil service retirement and disability fund 
referred to in section 8348 of title 5'' substituted for ``civil service 
retirement and disability fund required by the Act of May 22, 1920'' on 
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the 
first section of which enacted Title 5, Government Organization and 
Employees. Previously, act May 22, 1920, ch. 195, 41 Stat. 614, was 
superseded by act May 29, 1930, known as the Civil Service Retirement 
Act of 1930, which was generally amended by act July 31, 1956, ch. 804, 
Sec. 401, 70 Stat. 743.
    In subsecs. (a)(2)(B) and (c), ``subchapter III of chapter 83 of 
title 5'' substituted for ``the Civil Service Retirement Act'' on 
authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the 
first section of which enacted Title 5.
    In subsec. (a)(2)(B), ``fund referred to in section 8714 of title 
5'' substituted for ``the fund created by section 5(c) of the Federal 
Employees' Group Life Insurance Act of 1954'' and, in subsecs. (a)(2)(B) 
and (c), ``chapter 87 of title 5'' substituted for ``the Federal 
Employees' Group Life Insurance Act of 1954'', on authority of Pub. L. 
89-554, Sec. 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of 
which enacted Title 5.


                               Amendments

    1986--Subsec. (c). Pub. L. 99-514 substituted ``Internal Revenue 
Code of 1986'' for ``Internal Revenue Code of 1954'', which for purposes 
of codification was translated as ``title 26'' thus requiring no change 
in text.

                          Transfer of Functions

    Functions of Secretary of Health, Education, and Welfare under laws 
relating to relationship between Howard University and Department of 
Health, Education, and Welfare transferred to Secretary of Education by 
section 3441(a)(2)(M) of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 128 of this title.
