(a) All employees of the commission shall, on July 1, 1996, become employees of the authority, subject to the operating needs of the authority. Any employees of the commission whom the director gives the opportunity to elect to be transferred to the authority on July 1, 1996, shall be subject to the operating needs of the authority.

(b) Except for persons who transfer to the authority pursuant to subsection (a) of this Code section, no person who becomes an employee of the authority on or after July 1, 1996, shall be considered a state employee or subject to the state merit system under Chapter 20 of Title 45. No such person shall be considered an "employee" within the meaning of Chapter 2 of Title 47, and no such person shall be entitled to membership in the Employees' Retirement System of Georgia.

(c) All persons who transfer to the authority pursuant to subsection (a) of this Code section and who, immediately prior to such transfer, are state employees in the unclassified service of the state merit system as defined in Code Section 45-20-2 shall remain in the unclassified service of the state merit system. All such persons who, immediately prior to the transfer, are state employees in the classified service of the state merit system as defined in Code Section 45-20-2 may elect to remain in the classified service and be governed by the relevant provisions of the state merit system; provided, however, that if any such person accepts a promotion or transfer to another position, he or she shall become an employee in the unclassified service for purposes of benefits administered pursuant to the state merit system.

(d) The rights and benefits in the Employees' Retirement System of Georgia and any employee benefits of any employee transferring to the authority pursuant to subsection (a) of this Code section shall not be impaired.