EMPLOYEES.

SEC. 2207. EMPLOYEES. (a) Extended Leave of Absence Without Pay.— 110 STAT. 1321–124 (1) Leave of absence from district of Columbia public schools.— The Superintendent shall grant, upon request, an extended leave of absence, without pay, to an employee of the District of Columbia public schools for the purpose of permitting the employee to accept a position at a public charter school for a 2-year term. (2) Request for extension.— At the end of a 2-year term referred to in paragraph (1), an employee granted an extended leave of absence without pay under such paragraph may submit a request to the Superintendent for an extension of the leave of absence for an unlimited number of 2-year terms. The Superintendent may not unreasonably (as determined by the eligible chartering authority) withhold approval of the request. (3) Rights upon termination of leave.— An employee granted an extended leave of absence without pay for the purpose described in paragraph (1) or (2) shall have the same rights and benefits under law upon termination of such leave of absence as an employee of the District of Columbia public schools who is granted an extended leave of absence without pay for any other purpose. (b) Retirement System.— (1) Creditable service.— An employee of a public charter school who has received a leave of absence under subsection (a) shall receive creditable service, as defined in section 2604 of D.C. Law 2–139, effective March 3, 1979 (D.C. Code, sec. 1–627.4) and the rules established under such section, for the period of the employee’s employment at the public charter school. (2) Authority to establish separate system.— A public charter school may establish a retirement system for employees under its authority. (3) Election of retirement system.— A former employee of the District of Columbia public schools who becomes an employee of a public charter school within 60 days after the date the employee’s employment with the District of Columbia public schools is terminated may, at the time the employee commences employment with the public charter school, elect— (A) to remain in a District of Columbia Government retirement system and continue to receive creditable service for the period of their employment at a public charter school; or (B) to transfer into a retirement system established by the public charter school pursuant to paragraph (2). (4) Prohibited employment conditions.— No public charter school may require a former employee of the District of Columbia public schools to transfer to the public charter school’s retirement system as a condition of employment. (5) Contributions.— (A) Employees electing not to transfer.— In the case of a former employee of the District of Columbia public schools who elects to remain in a District of Columbia Government retirement system pursuant to paragraph (3)(A), the public charter school that employs the person shall make the same contribution to such system on behalf of the person as the District of Columbia would have been required to make if the person had continued to be an employee of the District of Columbia public schools. 110 STAT. 1321–125 (B) Employees electing to transfer.— In the case of a former employee of the District of Columbia public schools who elects to transfer into a retirement system of a public charter school pursuant to paragraph (3)(B), the applicable District of Columbia Government retirement system from which the former employee is transferring shall compute the employee’s contribution to that system and transfer this amount, to the retirement system of the public charter school. (c) Employment Status.— Notwithstanding any other provision of law and except as provided in this section, an employee of a public charter school shall not be considered to be an employee of the District of Columbia Government for any purpose.