N.Y. PBA Law § 2629

§ 2629. Transfer of officers and employees. 1. Upon execution of the\nagreements for operation of the olympic facilities and the Gore Mountain\nski center made pursuant to sections two thousand six hundred twelve and\ntwo thousand six hundred fourteen of this title, those employees of the\nstate and the park district who are determined by the authority to be\nessential to the operation of the olympic facilities and the Gore\nMountain ski center shall, with the approval of the employer and the\nemployee, be transferred to the employment of the authority and shall be\neligible for such transfer and appointment without examination to\ncomparable offices, positions and employment under the authority. The\nsalary or compensation of any such officer or employee shall, after such\ntransfer, be paid by the authority. Notwithstanding the provisions of\nthis act, any such officers or employees so transferred to the\nauthority, pursuant to the provisions of this section, who are members\nof or beneficiaries under any existing pension or retirement system,\nshall continue to have all rights, privileges, obligations and status\nwith respect to such fund system or systems as are prescribed by law,\nbut during the period of their employment by the authority, all\ncontributions to any pension or retirement fund or system to be paid by\nthe employer on account of such officers or employees, shall be paid by\nthe authority; and all such officers and employees who have been\nappointed to positions under the rules and classifications of the state\ncivil service commission shall have the same status with respect thereto\nafter transfer to the authority as they had under their original\nappointments.\n 2. (a) Within thirty days of execution of the agreement, entered into\npursuant to subdivision four of section twenty-six hundred fourteen of\nthis title, provision shall be made for the transfer to the olympic\nregional development authority of all current employees engaged in\ncarrying out such functions with respect to the operation, maintenance\nand management of the Belleayre Mountain ski center. Such employees\nshall be transferred without further examination or qualifications and\nshall retain their respective civil service classifications, status,\nsalary, wages and negotiating unit, if any. No individual who is\ntransferred shall gain any additional rights as a result of such\ntransfer. However, once the employment of any transferred employee who\nis currently placed within a negotiating unit as defined by article\nfourteen of the civil service law is terminated or otherwise ceases, by\nany means, any individual hired to fill such vacancy shall not be placed\nin the same negotiating unit of the former incumbent but rather shall be\nplaced in the negotiating unit that contains employees of the authority.\n (b) The salary or compensation of any such employees, after such\ntransfer, shall be paid by the authority. Notwithstanding the provisions\nof this section, any such employees so transferred to the authority,\npursuant to the provisions of this section, who are members of or\nbeneficiaries under any existing pension or retirement system, shall\ncontinue to have all rights, privileges, obligations and status with\nrespect to such fund system or systems as are prescribed by law, but\nduring the period of their employment by the authority, all\ncontributions to any pension or retirement fund or system to be paid by\nthe employer on account of such employees, shall be paid by the\nauthority.\n