Page:United States Statutes at Large Volume 74.djvu/366

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[74 Stat. 326]
[74 Stat. 326]
PUBLIC LAW 86-000—MMMM. DD, 1960

326

PUBLIC LAW 86-585-JULY 5, 1960

[74 STAT.

benefits of, and in a grade ecjual to the grade of, the position which he held immediately before his assignment to duty outside the United States. "(3) If the positions described in paragraph (1) and paragraph (2) of this subsection do not exist, the employee shall be placed in an additional position which shall be established by the department concerned for a period not in excess of ninety days in order to carry out the purposes of this section. Such additional position shall be in the same geographical area as, with rights and benefits not less than the rights and benefits of, and in a grade not lower than the grade of, the position held by the employee immediately before his assignment to duty outside the United States. "(4) If, within ninety days after his placement in a position under paragraph (3) of this subsection, a vacant existing position or new continuing position, for which the employee is qualified, is available for the purposes of this section in the department concerned, in the same geographical area as, with rights and benefits equal to the rights and benefits of, and in a grade equal to the grade of, the position which he held immediately before his assignment to duty outside the United States, the employee shall be placed in such vacant existing position or new continuing position. " (5) If, within the ninety-day period referred to in paragraphs (3) and (4) of this subsection, the employee cannot be placed in a position under such paragraph (4), he shall be reassigned or separated under the regulations prescribed by the United States Civil Service Commission to carry out section 12 of the Act of June 27, 1944 (5 58 Stat. 390.

U.S.C. 861).

"(6) If there is a termination of or material change in the activity in which the former position of the employee (referred to in paragraph (1) of this subsection) was located, he shall be placed, in the manner provided by paragraphs (2), (3), and (4), as applicable, of this subsection, m a position in the d.epartment concerned in a geographical area other than the geographical area in which such former position was located. "(d) Each employee who is placed in a position under paragraph (1), (2), (3), (4), or (6) of subsection (c) of this section shall be paid at a rate or basic compensation which is not less than the rate of basic compensation to which he would have been entitled if he had jiot been assigned to duty outside the United States. "(e)(1) Each employee who is displaced from a position by reason of the exercise of a return right under subsection (c)(1) of this section shall be placed, as of the date of such displacement, without reduction in seniority, status, and tenure, in a vacant existing position or new continuing position, for which he is qualified, available in the department concerned, in the same geographical area as, with rights and benefits equal to the rights and benefits of, in a grade equal to the grade of, and at a rate of basic compensation not less than the last rate of basic compensation to which he was entitled while in, the position from which he is displaced. "(2) If the employee cannot ibe placed in a position under paragraph (1) of this subsection, he shall be reassigned to a position other than the position from which he is displaced, or separated, under the regulations prescribed by the United States Civil Service Commission to carry out section 12 of the Act of June 27, 1944 (5 U.S.C.

58 Stat. 390.

861).

"(f) The President may, upon his determination that such action is necessary in the national interest, declare that, for such period as lie may specify, an assignment of an employee to duty in Alaska or Hawaii shall be held and considered, for the puinposes of this section, to be an assignment to duty outside the United States.