12 U.S.C. § 1303

TRANSFER AND RIGHTS OF EMPLOYEES OF OFHEO.

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“(a)Transfer.—Each employee of the Office of Federal Housing Enterprise Oversight shall be transferred to the Agency for employment, not later than the effective date of the abolishment under section 1301(a), and such transfer shall be deemed a transfer of function for purposes of section 3503 of title 5, United States Code.“(b)Guaranteed Positions.—“(1)In general.—Each employee transferred under subsection (a) shall be guaranteed a position with the same status, tenure, grade, and pay as that held on the day immediately preceding the transfer.“(2)No involuntary separation or reduction.—An employee transferred under subsection (a) holding a permanent position on the day immediately preceding the transfer may not be involuntarily separated or reduced in grade or compensation during the 12-month period beginning on the date of transfer, except for cause, or, in the case of a temporary employee, separated in accordance with the terms of the appointment of the employee.“(c)Appointment Authority for Excepted and Senior Executive Service Employees.—“(1)In general.—In the case of an employee occupying a position in the excepted service or the Senior Executive Service, any appointment authority established under law or by regulations of the Office of Personnel Management for filling such position shall be transferred, subject to paragraph (2).“(2)Decline of transfer.—The Director may decline a transfer of authority under paragraph (1) to the extent that such authority relates to—“(A) a position excepted from the competitive service because of its confidential, policymaking, policy-determining, or policy-advocating character; or“(B) a noncareer position in the Senior Executive Service (within the meaning of section 3132(a)(7) of title 5, United States Code).“(d)Reorganization.—If the Director determines, after the end of the 1-year period beginning on the effective date of the abolishment under section 1301(a), that a reorganization of the combined workforce is required, that reorganization shall be deemed a major reorganization for purposes of affording affected employee retirement under section 8336(d)(2) or 8414(b)(1)(B) of title 5, United States Code.“(e)Employee Benefit Programs.—“(1)In general.—Any employee of the Office of Federal Housing Enterprise Oversight 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 benefit program of the Agency or the Office of Federal Housing Enterprise Oversight of the Department of Housing and Urban Development, as applicable, including insurance, to which such employee belongs on the date of the abolishment under section 1301(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 of the Federal Housing Finance Agency.“(2)Cost differential.—“(A)In general.—The difference in the costs between the benefits which would have been provided by the Office of Federal Housing Enterprise Oversight and those provided by this section shall be paid by the Director.“(B)Health 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 Federal health insurance program not later than 30 days after the date of such election or notice, without regard to any other regularly scheduled open season.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2006–2025 · leading case: James v. Heritage Valley Federal Credit Union

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James v. Heritage Valley Federal Credit Union (2006) ca3 “12 U.S.C. § 1303 (c). The safe-harbor provision also requires the rejection of James’ claims under the Freedom of Information Act, RICO, and the Uniform Commercial Code.”

Cantrell v. Pyramid Lake Pauite Tribe Police Department (2025) nvd “The Indian Civil Rights Act, 25 12 U.S.C. § 1303 , provides a cause of action for habeas relief, not for other civil 26 rights violations like those alleged here.”

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