§ 160A-294. Loss of rural fire employment.
§ 160A‑294. Lossof rural fire employment.
(a) Whenever a city annexes any territory under Parts 2 or 3 ofArticle 4A of this Chapter, and because of the annexation the rural firedepartment must terminate the employment of any full‑time employee, thenthe annexing city must take one of the three actions listed below with respectto any person who has been in such full‑time employment for two years ormore at the time of adoption of the resolution of intent:
(1) The annexing city may offer employment without loss ofsalary or seniority and place the person in a position as near as possible intype to the position that was held in the rural fire department; or
(2) The annexing city may offer employment in some otherdepartment of the city at a comparable salary and seniority; or
(3) The city may choose to pay to the person a sum equal to theperson's salary for one year as the equivalent of severance pay. For thepurpose of this subsection, the person's salary was his total salary with therural fire department for the 12‑month period ending on the last payperiod before the resolution of consideration was adopted, plus any increasedsalary due to reasonable cost‑of‑living increases and bona fidepromotions; provided that if no resolution of consideration was required to beadopted because of either G.S. 160A‑37(j) or G.S. 160A‑49(j), orbecause the resolution of intent was adopted prior to July 1, 1984, theperson's salary was his total salary with the rural fire department for the 12‑monthperiod ending on the last pay period before the resolution of intent wasadopted, plus any increased salary due to reasonable cost‑of‑livingincreases and bona fide promotions.
(b) This section is effective with respect to all annexationswhere an annexation ordinance is adopted on or after January 1, 1983, exceptthat it is also effective with respect to all annexations where an annexationordinance was adopted before January 1, 1983, but on January 1, 1983, theannexation ordinance:
(1) Was under review under G.S. 160A‑38 or G.S. 160A‑50,and a stay is in effect under G.S. 160A‑38(e) or G.S. 160A‑50(e);or
(2) Was subject to the Voting Rights Act of 1965 but had not yetbeen approved under that act. (1983, c. 636, s. 25.)