State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_126 > GS_126-54

§126‑54.  Status of employees of sending agency.

(a)        Employees of asending agency participating in an exchange of personnel authorized by G.S. 126‑53may be considered during such participation to be either assigned employees oremployees on leave.

(b)        Assigned employeesshall be entitled to the same salary and employment benefits to which theywould be entitled as employees of the sending agency and shall remain employeesof the sending agency for all purposes unless otherwise provided in thisArticle or in a written agreement between the sending agency and the receivingagency.

(c)        Employees on leaveshall have the same rights, benefits and obligations as other State or localemployees subject to this Chapter who are granted leaves of absences, unless otherwiseprovided in this Article, or in a written agreement between the sending agencyand the receiving agency.

(d)        When a division,department, agency, instrumentality, authority or political subdivision of theState of North Carolina acts as a sending agency, employees participating in anexchange of personnel authorized by G.S. 126‑53, whether consideredassigned employees or employees on leave, shall have the same rights, benefitsand obligations to participate in and receive benefits, including death benefits,from any retirement system of which they are members as employees of thesending agency, whether they are members of the Teachers' and State Employees'Retirement System, the North Carolina Local Governmental Employees' RetirementSystem, the Law Enforcement Officers' Benefit and Retirement Fund, or otherRetirement System which has been or may be established by the State for publicemployees; provided, however, that the receiving agency agrees to and makes theemployer contributions and deducts from the salary of the employee the employeecontributions for continued membership in such Retirement System. Provided,further, that if no contributions are paid into the appropriate RetirementSystem during the period that the employee participates in the exchange ofpersonnel authorized by this Article, such employee shall remain entitled todeath benefits resulting from his death during the period of the exchange.Provided, that where duplicate benefits would otherwise be payable on accountof disability or death, the employee or his estate shall elect, within one yearof the date of disability or death, which benefits to receive. (1977,c. 783, s. 1.)