Classified government employees' election before privatization

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  • (a) Notwithstanding any other law, any classified employee of any government department, agency, independent board, commission or authority whose job will no longer be performed as a result of the transfer of his function to a private entity operating under contract with the government, shall be provided the option of continuing his government service by transferring to any vacant government position for which he is qualified without the loss of any benefit. In the event that no such position is immediately available in the government, the employee shall have the right of first refusal for any such vacancy arising in any department, agency, independent board, commission or authority within twelve (12) months after the notice of the election of the option is submitted by the government employee as provided under subsection (b) of this section.

  • (b) Notice of the transfer of the function must be made by the department, agency, independent board, commission or authority within six (6) months prior to the effective date of the contract for transfer, and notice of the election of the option by the government employee must be made in writing to the Director of the Division of Personnel and the private entity at least thirty (30) days prior to the effective date of the contract.

  • (c) In the event six (6) months notice is not given as provided under subsection (b) of this section, employees may exercise the option at any time prior to the effective date of the contract.


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