(a) All employees of the Office of Energy Resources shall, on July 1, 1994, become employees of the authority, subject to the operating needs of the authority. Any employees of the Environmental Protection Division of the Department of Natural Resources to whom the director of the division gives the opportunity who elect to be transferred to the authority on July 1, 1994, shall be subject to the operating needs of the authority.

(b) 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 by Code Section 45-20-6 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 by Code Section 45-20-6 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.

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