Title 31, Chapter 5A, Section 5
( 31-5A-5)
(a) To assist in the transition of functions, until July 1, 2000,
the State Merit System of Personnel Administration shall perform
payroll, accounting, and purchasing services and other general
support services on behalf of the Division of Public Employee Health
Benefits. (b) All persons employed in a predecessor agency on June 30, 1999,
shall, on July 1, 1999, become employees of the department within
the division which such predecessor agency has become. Such
employees shall be subject to the employment practices and policies
of the department on and after July 1, 1999, but the compensation
and benefits of such transferred employees shall not be reduced as a
result of such transfer. Employees who are subject to the rules of
the State Personnel Board and thereby under the State Merit System
of Personnel Administration and who are transferred to the
department shall retain all existing rights under the State Merit
System of Personnel Administration. Retirement rights of such
transferred employees existing under the Employees' Retirement
System of Georgia or other public retirement systems on June 30,
1999, shall not be impaired or interrupted by the transfer of such
employees and membership in any such retirement system shall
continue in the same status possessed by the transferred employees
on June 30, 1999. Accrued annual and sick leave possessed by said
employees on June 30, 1999, shall be retained by said employees as
employees of the department. (c)(1) The department shall conform to federal standards for a
merit system of personnel administration in any respects necessary
for receiving federal grants and the board is authorized and
empowered to effect such changes as may, from time to time, be
necessary in order to comply with such standards. (2) The department is authorized to employ, on a full-time or
part-time basis, such medical, supervisory, institutional, and
other professional personnel and such clerical and other employees
as may be necessary to discharge the duties of the department
under this chapter. The department is also authorized to contract
for such professional services as may be necessary. (3) Classified employees of the department under this chapter
shall in all instances be employed and dismissed in accordance
with rules of the State Personnel Board. (4) All personnel of the department are authorized to be members
of the Employees' Retirement System of Georgia as provided in
Chapter 2 of Title 47. All rights, credits, and funds in that
retirement system which are possessed by state personnel
transferred by provisions of this chapter to the department, or
otherwise had by persons at the time of employment with the
department, are continued and preserved, it being the intention of
the General Assembly that such persons shall not lose any rights,
credits, or funds to which they may be entitled prior to becoming
employees of the department. (d) The department shall succeed to all rules, regulations,
policies, procedures, and administrative orders of the predecessor
agencies which were in effect on June 30, 1999, or scheduled to go
into effect on or after July 1, 1999, and which relate to the
functions transferred to the department by this chapter. Such
rules, regulations, policies, procedures, and administrative orders
shall remain in effect until amended, repealed, superseded, or
nullified by proper authority or as otherwise provided by law. (e) The rights, privileges, entitlements, and duties of parties to
contracts, leases, agreements, and other transactions entered into
before July 1, 1999, by any predecessor agency and which pertain to
the functions transferred to the department by this chapter shall
continue to exist; and none of these rights, privileges,
entitlements, and duties are impaired or diminished by reason of the
transfer of the functions to the department. In all such instances,
the Department of Community Health shall be substituted for the
predecessor agency, and the Department of Community Health shall
succeed to the rights and duties under such contracts, leases,
agreements, and other transactions. (f)(1) The Governor is authorized to transfer to the Division of
Public Employee Health Benefits of the department, by executive
order, employees of the State Merit System of Personnel
Administration who were performing functions for the Health
Benefit Services Division of that system on June 30, 1999, whether
or not they were also performing functions other than functions
for that division. Employees so transferred shall become
employees of the Division of Public Employee Health Benefits of
the department. (2) The commissioner is authorized to transfer department
employees from one division to another division within the
department. |