§ 3502. — Effect on personnel.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 20USC3502]
TITLE 20--EDUCATION
CHAPTER 48--DEPARTMENT OF EDUCATION
SUBCHAPTER V--TRANSITIONAL, SAVINGS, AND CONFORMING PROVISIONS
Sec. 3502. Effect on personnel
(a) Non-separation or non-reduction in grade or compensation of full-
time personnel and part-time personnel holding permanent
positions
Except as otherwise provided in this chapter, the transfer pursuant
to this subchapter of full-time personnel (except special Government
employees) and part-time personnel holding permanent positions shall not
cause any such employee to be separated or reduced in grade or
compensation for one year after the date of transfer to the Department.
(b) Positions compensated in accordance with Executive Schedule
Any person who, on the day preceding May 4, 1980, held a position
compensated in accordance with the Executive Schedule prescribed in
chapter 53 of title 5 and who, without a break in service, is appointed
in the Department to a position having duties comparable to the duties
performed immediately preceding such appointment shall continue to be
compensated in such new position at not less than the rate provided for
such previous position, for the duration of the service of such person
in such new position.
(Pub. L. 96-88, title V, Sec. 502, Oct. 17, 1979, 93 Stat. 690.)
Codification
In subsec. (b), ``May 4, 1980'' substituted for ``the effective date
of this chapter'' pursuant to section 601 of Pub. L. 96-88, set out as
an Effective Date note under section 3401 of this title.
Abolished Positions Deemed Transferred
Section 508(l)(4) of Pub. L. 96-88 provided that: ``Positions
abolished as a consequence of the amendments made by this subsection
[amending sections 1102, 2390, and 3012 of this title] shall, for
purposes of section 502(a) [subsec. (a) of this section], be deemed to
be permanent positions transferred pursuant to title V of this Act [this
subchapter].''
