Proceedings for Reorganization

1. Law
2. Georgia Code
3. Public Officers and Employees
4. Governmental Reorganization and Termination From Employment Reform
5. Proceedings for Reorganization

1. No employer shall institute a reorganization of that employer or any component thereof if the reorganization will result in the involuntary separation of any official or employee thereof who is eligible for involuntary separation unless, prior to that reorganization becoming effective, that employer effects a transfer of each such official or employee to another component of the employer not subject to such reorganization or obtains a transfer of each such official or employee to another employer, which transfer shall meet the following requirements:
   1. The annual compensation for the new employment position is the same or greater than the current annual compensation of the official or employee being transferred;
   2. The duties and responsibilities for such position shall be reasonably compatible with the previous work experience and educational qualifications of the official or employee being transferred and the availability of an unclassified position for a person in a classified position shall be deemed a comparable position if the duties, responsibilities, and compensation of the unclassified position are otherwise comparable to the classified position; and
   3. The position is one which includes the holder thereof as a member of the Employees' Retirement System of Georgia.
2. An official or employee transferred to an employer pursuant to this Code section shall be deemed to have resigned from service at his or her own choice upon the failure of such person to accept the transfer and shall therefor not qualify for retirement benefits based upon involuntary separation from employment without prejudice.
3. A reorganization by an employer in violation of this Code section is void, and no official or employee shall be separated from employment as a result of such void reorganization, whether or not that person is eligible for involuntary separation.

(Code 1981, §45-24-8, enacted by Ga. L. 1997, p. 1528, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Reassignment from classified to unclassified service.

- If an agency has identified another position in the agency which meets the four requirements of former O.C.G.A. § 47-7-123(h)(2), but would entail reassignment of the employee from the classified service to the unclassified service, the unclassified position would be considered a comparable position. 1997 Op. Att'y Gen. No. 97-17.

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