SECTIONS 105160-105161 - California Statutes

PUBLIC UTILITIES CODE

SECTION 105160-105161

105160. (a) Whenever the district acquires existing facilities from
a publicly or privately owned utility, either in proceedings by
eminent domain or otherwise, to the extent necessary for operation of
facilities, all of the employees of the utility whose duties pertain
to the facilities acquired who have been employed by the utility for
at least 75 days shall be appointed to comparable positions in the
district without examination. These employees shall be given sick
leave, seniority, and vacation credits in accordance with the records
of the acquired public utility. No employee of any acquired public
utility shall suffer any worsening of wages, seniority, pension,
vacation, or other benefits by reason of the acquisition.
(b) The provisions of this section shall not apply to officers or
managerial employees of the acquired utility except as designated by
the board.

105161. Whenever the district acquires existing facilities from a
publicly or privately owned utility, either in proceedings in eminent
domain or otherwise, that has a pension plan in operation, members
and beneficiaries of the pension plan shall continue to have the
rights, privileges, benefits, obligations, and status with respect to
the established system. The outstanding obligations and liabilities
of the public utility by reason of that pension plan shall be
considered and taken into account and allowance made therefor in the
purchase price of the public utility. The persons entitled to pension
benefits as provided in this section and the benefits that are
provided shall be specified in the agreement or order by which any
public utility is acquired by the district.