N.Y. Public Authorities Law § 2629: Transfer of officers and employees

§ 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.