Furniture, property, personnel; transferred to Department of Health and Human Services; personnel, how treated.
All furniture, equipment, books, files, records, and personnel utilized by the county divisions or boards of public welfare for the administration of public assistance programs shall be transferred and delivered to the Department of Health and Human Services. The transferred employees shall not lose any accrued benefits or status due to the transfer and shall receive the same benefits as other state employees, including participation in the State Employees Retirement Fund.
Source:Laws 1982, LB 522, § 34; Laws 1996, LB 1044, § 302; Laws 2007, LB296, § 245.
This section as it existed prior to January 1, 1997, does not impermissibly authorize the transfer of property purchased solely with county funds from the county for the benefit of others outside that county; violate Neb. Const. art. VIII, sec. 1A, which prohibits the State from levying a property tax for state purposes; nor violate the county's due process rights under U.S. Const. amends. V and XIV and Neb. Const. art. I, sec. 3. Rock Cty. v. Spire, 235 Neb. 434, 455 N.W.2d 763 (1990).
Under prior law, a county's refusal to return retirement plan contributions made by the county on behalf of transferred employees is not a loss of benefits in violation of this section. Bamesberger v. Albert, 227 Neb. 782, 420 N.W.2d 289 (1988).