§ 5053a. Employees of a supervisory union
(a) For purposes of this section, the term “transferred employee” means an employee under
this chapter who transitioned from employment solely by a school district to employment,
wholly or in part, by a supervisory union pursuant to 16 V.S.A. § 261a(a)(6) or (8)(E) as amended on June 3, 2010.
(b) A transferred employee from a participating school district shall remain an employee
of the school district solely for the purpose of employer participation and employee
membership in the System regardless of whether the supervisory union is a participant
in the System on the date of transition. The membership and benefits of the transferred
employee shall not be impaired or reduced by either negotiations with the supervisory
union or school district under 21 V.S.A. chapter 22 or otherwise.
(c) If a supervisory union is a participant in the System on the date of transition, then:
(1) a transferred employee from a nonparticipating district shall not become a member
of the System unless, through negotiations with the supervisory union under 21 V.S.A.
chapter 22, the supervisory union becomes a participant in the System on the employee’s
behalf;
(2) an existing employee of the supervisory union on the date of transition shall be a
member to the extent the supervisory union is or becomes a participant in the System
on the employee’s behalf; and
(3) a new employee of the supervisory union after the date of transition shall be a member
to the extent the supervisory union is or becomes a participant in the System on the
employee’s behalf.
(d) If a supervisory union is not a participant in the System on the date of transition,
then:
(1) a transferred employee from a nonparticipating district shall not be a member of the
System unless, through negotiations with the supervisory union under 21 V.S.A. chapter
22, the supervisory union becomes a participant in the System on the employee’s behalf;
(2) an existing employee of the supervisory union on the date of transition shall not
be a member of the System unless, through negotiations with the supervisory union
under 21 V.S.A. chapter 22, the supervisory union becomes a participant in the System
on the employee’s behalf; and
(3) a new employee of the supervisory union after the date of transition shall not be
a member of the System unless, through negotiations with the supervisory union under
21 V.S.A. chapter 22, the supervisory union becomes a participant in the System on
the employee’s behalf. (Added 2011, No. 156 (Adj. Sess.), § 25, eff. May 16, 2012.)