Legislation
SECTION 1226-K
Transfer of officers and employees
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 10
§ 1226-k. 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 board of water supply, may, at the request of the
authority and with the consent of such board, 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.
the provisions of section seventy of the civil service law, any officer
or employee of the board of water supply, may, at the request of the
authority and with the consent of such board, 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.