(a) Transition.--As of the date when a consolidated or merged municipality shall begin to function, except for those officers and employees which are protected by any tenure of office, civil service provisions or collective bargaining agreement, all appointive offices and positions then existing in all former municipalities involved in the consolidation or merger shall be subject to the terms of the consolidation or merger agreement or transitional plan as provided for in section 735.1 (relating to initiative of electors seeking consolidation or merger with new home rule charter). Provisions shall be made for instances in which there is duplication of positions, including, but not limited to, chief of police or manager, and for other matters such as varying length of employee contracts, different civil service regulations in the constituent municipalities and differing ranks and position classifications for similar positions.
(b) Exception.--Nothing in this section shall be deemed to apply to a consolidated or merged municipality if one or more of the consolidating or merging municipalities has been declared distressed under the act of July 10, 1987 (P.L.246, No.47), known as the Municipalities Financial Recovery Act. In such case, the provisions of section 408 of that act shall control.
(Oct. 23, 2003, P.L.180, No.29, eff. 60 days)
2003 Amendment. Act 29 amended subsec. (a).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 53 - MUNICIPALITIES GENERALLY
Chapter 7 - Alteration of Territory or Corporate Entity and
Section 711 - Scope of subchapter
Section 714 - Stream boundaries
Section 715 - Boundary change agreement by abutting municipalities
Section 716 - Petition and establishment of disputed boundaries by judicial ascertainment
Section 717 - Judicial ascertainment procedure
Section 718 - Effective date of boundary change
Section 719 - Notification of boundary change
Section 722 - Collection of taxes levied prior to change of boundary and authorized expenditures
Section 723 - Election districts and officers
Section 724 - Governing body agreements
Section 725 - Adjustment of indebtedness
Section 726 - Judicial adjustment award proceedings
Section 727 - Compensation, expenses and costs
Section 728 - Territory located in multiple counties
Section 731 - Short title of subchapter
Section 733 - Procedure for consolidation or merger
Section 734 - Joint agreement of governing bodies
Section 735 - Initiative of electors seeking consolidation or merger without new home rule charter
Section 735.1 - Initiative of electors seeking consolidation or merger with new home rule charter
Section 736 - Conduct of referenda
Section 737 - Consolidation or merger agreement
Section 738 - Effectuation of consolidation or merger
Section 739 - Effect of transition on employees of consolidated or merged municipality