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New Jersey Statutes Title 40. Municipalities and Counties 40 § 41A-129

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On the effective date of the administrative code, all officers and employees in the classified service of the county shall be transferred to the department, division or agency to which the functions, powers or duties in which they were engaged are allocated under the administrative code.  Such transfer shall, except as otherwise provided in this section, be without examination or diminution of existing compensation, pension or retirement rights, privileges or obligations of any such officer or employee.  It is the intent of the Legislature that the adoption of any plan found in this charter shall not, except as otherwise provided in this section, adversely affect the civil service tenure, pension, seniority or promotional rights of any county officer or employee in the classified service.  With respect to the positions of heads of departments, or any divisions thereof, which are placed in the unclassified service pursuant to the provisions of R.S. 11:22-2,  1 other than a position subject to the requirements of 42 U.S.C. 602(a), and notwithstanding the provisions of this section, or chapter 27 of Title 11 of the Revised Statutes   2 or R.S. 11:28-3 3 or R.S. 38:16-1, any officer or employee in the classified service who shall have exercised the same or substantially the same responsibilities prior to the effective date of the administrative code, and who shall not be appointed thereafter by the appointing authority as head of a department, or a division thereof, shall be entitled to such lay-off, demotional and special reemployment rights as are provided under applicable provisions of Title 11 (Civil Service)   4 and rules and regulations adopted pursuant thereto.  Any such officer or employee who shall be appointed by the appointing authority as head of a department, or a division thereof, shall be deemed to be entitled to such classified title as may be provided by the lay-off, demotional or special reemployment rights as are provided under applicable provisions of Title 11 (Civil Service) and rules and regulations adopted pursuant thereto, and shall be placed on leave of absence pursuant to sections 1 and 2 of P.L.1946, c. 148 (C. 11:24A-6.1 and 6.2)   5 from such classified title while serving as the head of a department or a division thereof.

1  Now N.J.S.A. § 11A:3-5.
2  Now N.J.S.A. § 11A:5-1 et seq.
3  Now N.J.S.A. § 11A:4-16.
4  Now Title 11A.
5  Repealed.  N.J.S.A. § 11:24A-6.1 is now N.J.S.A. § 11A:6-1.

Cite this article: FindLaw.com - New Jersey Statutes Title 40. Municipalities and Counties 40 § 41A-129 - last updated February 19, 2021 | https://codes.findlaw.com/nj/title-40-municipalities-and-counties/nj-st-sect-40-41a-129.html


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