SUBCHAPTER 1M ‑ INTERCHANGE OF GOVERNMENTAL EMPLOYEES

25 NCAC 01M .0101         POLICY

The interchange of governmental employees program allows for governmental agencies at all levels to borrow from or loan to another governmental agency personnel who have special skills and knowledges useful in resolving problems of the receiving agency.

History Note:        Authority N.C.G.S. c. 126, Article 10;

Eff. January 1, 1978.

25 NCAC 01M .0102         FILING OF APPLICATIONS

History Note:        Authority G.S. 126‑52;

Eff. January 1, 1978;

Repealed Eff. November 1, 1988.

25 NCAC 01M .0103         DEFINITIONS

The following definitions shall apply throughout this Subchapter:

(1)           sending agency ‑‑ any governmental agency included under this policy which sends an employee to another governmental agency;

(2)           receiving agency ‑‑ any governmental agency included under this policy which receives an employee of another governmental agency;

(3)           assigned employee ‑‑ an employee of a sending agency who is assigned or detailed to a receiving agency as part of the employee's regular duties with the sending agency;

(4)           employee on leave ‑‑ an employee on leave of absence without pay from a sending agency who becomes an employee of  a receiving agency while on leave from the sending agency.

History Note:        Authority G.S. 126‑52;

Eff. January 1, 1978.

25 NCAC 01M .0104         ESTABLISHING AN AGREEMENT

(a)  All interchanges must be negotiated with the employee, the sending agency, and the receiving agency.  A written agreement stating the responsibilities of all parties involved shall be submitted to the State Personnel Director for approval; approval must be received prior to the effective date of the agreement.  If a federal agency is involved, a copy of the federal form, "Assignment Agreement, Optional Form 69" may be submitted; a statement must be attached indicating if the employee's same salary and employee benefits are to be maintained during the interchange. If a federal agency is not involved, the state agreement form should be submitted.

(b)  The minimum period of assignment will be one month; however, employees may be assigned or on leave for a maximum period of two years. Any travel expenses for the employee involved in an interchange shall be borne by the receiving agency.

History Note:        Authority G.S. 126‑58;

Eff. January 1, 1978;

Amended Eff. August 1, 1979; May 1, 1978.

25 NCAC 01M .0105         COMPENSATION

(a)  All employees maintain the same salary and employment benefits during the interchange unless provided for otherwise by the written agreement.

(b)  An assigned employee's retirement contributions and employer retirement contributions would continue as though the employee were at his normal duty station.

(c)  In order to maintain retirement benefits, an employee on leave of absence without pay would need to make monthly contributions based on his compensation; in addition, the employer contributions would be paid by the sending agency.  The sending agency may recover these funds from the receiving agency, depending on the negotiated terms of the agreement.

(d)  Under either type of interchange, the employee would be considered as in service for the death benefit provisions regardless of whether he continued contributions while on leave without pay.

History Note:        Authority G.S. 126‑58;

Eff. January 1, 1978;

Amended Eff. August 1, 1979.

25 NCAC 01M .0106         TERMINATION

The temporary assignment of an employee may be terminated by:

(1)           the termination date specified on the agreement,

(2)           mutual agreement between the sending and receiving agencies.

History Note:        Authority G.S. 126‑56;

Eff. January 1, 1978.