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This entry was published on 2014-09-22
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Transfer of officers and employees
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 6-D
§ 1147-h. Transfer of officers and employees. 1. In accordance with
the provisions of section seventy of the civil service law, any officer
or employee of the municipality served by the authority, may, at the
request of the authority and with the consent of the chief executive
officer of such municipality be transferred to the authority and shall
be eligible for such transfer and appointment, without further
examination, to applicable offices, positions and employment under the
authority. Any such officers or employees so transferred to the
authority pursuant to this section, who are members of or benefit under
any existing pension or retirement fund or system, shall continue to
have all rights, privileges, obligations and status with respect to such
fund or system as are now prescribed by law, but during the period of
their employment by the authority, all contributions to such funds or
systems to be paid by the employer on account of such officers or
employees shall be paid by the authority.

2. A transferred employee shall remain in the same collective
bargaining unit as was the case prior to his or her transfer; successor
employees to the positions held by such transferred employees shall,
consistent with the provisions of article fourteen of the civil service
law, be included in the same unit as their predecessors. Employees
serving in positions in newly created titles shall be assigned to the
same collective bargaining unit as they would have been assigned to such
unit were such titles created prior to the establishment of the
authority. Nothing contained in this title shall be construed (a) to
diminish the rights of employees pursuant to a collective bargaining
agreement or (b) to affect existing law with respect to an application
to the public employment relations board seeking a designation by the
board that certain persons are managerial or confidential.