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This entry was published on 2014-09-22
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SECTION 2629
Transfer of officers and employees
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 28
§ 2629. Transfer of officers and employees. 1. Upon execution of the
agreements for operation of the olympic facilities and the Gore Mountain
ski center made pursuant to sections two thousand six hundred twelve and
two thousand six hundred fourteen of this title, those employees of the
state and the park district who are determined by the authority to be
essential to the operation of the olympic facilities and the Gore
Mountain ski center shall, with the approval of the employer and the
employee, be transferred to the employment of the authority and shall be
eligible for such transfer and appointment without examination to
comparable offices, positions and employment under the authority. The
salary or compensation of any such officer or employee shall, after such
transfer, be paid by the authority. Notwithstanding the provisions of
this act, any such officers or employees so transferred to the
authority, pursuant to the provisions of this section, who are members
of or beneficiaries under any existing pension or retirement system,
shall continue to have all rights, privileges, obligations and status
with respect to such fund system or systems as are prescribed by law,
but during the period of their employment by the authority, all
contributions to any pension or retirement fund or system to be paid by
the employer on account of such officers or employees, shall be paid by
the authority; and all such officers and employees who have been
appointed to positions under the rules and classifications of the state
civil service commission shall have the same status with respect thereto
after transfer to the authority as they had under their original
appointments.

2. (a) Within thirty days of execution of the agreement, entered into
pursuant to subdivision four of section twenty-six hundred fourteen of
this title, provision shall be made for the transfer to the olympic
regional development authority of all current employees engaged in
carrying out such functions with respect to the operation, maintenance
and management of the Belleayre Mountain ski center. Such employees
shall be transferred without further examination or qualifications and
shall retain their respective civil service classifications, status,
salary, wages and negotiating unit, if any. No individual who is
transferred shall gain any additional rights as a result of such
transfer. However, once the employment of any transferred employee who
is currently placed within a negotiating unit as defined by article
fourteen of the civil service law is terminated or otherwise ceases, by
any means, any individual hired to fill such vacancy shall not be placed
in the same negotiating unit of the former incumbent but rather shall be
placed in the negotiating unit that contains employees of the authority.

(b) The salary or compensation of any such employees, after such
transfer, shall be paid by the authority. Notwithstanding the provisions
of this section, any such employees so transferred to the authority,
pursuant to the provisions of this section, who are members of or
beneficiaries under any existing pension or retirement system, shall
continue to have all rights, privileges, obligations and status with
respect to such fund system or systems as are prescribed by law, but
during the period of their employment by the authority, all
contributions to any pension or retirement fund or system to be paid by
the employer on account of such employees, shall be paid by the
authority.