NJ Civil Service Navigator

N.J.A.C. 4A:4-7.4 Retention of rights

N.J.A.C. 4A:4-7.4, Retention of rights. An employee who is temporarily transferred shall retain promotional rights in the promotional unit scope from which he or she has transferred. (b) An employ Full text with 3 recorded amendments, 10 citing decisions, cited by 2 other rules.

Selection and Appointment · Other Appointments or Employee Movements

Current through New Jersey Register, Vol. 58 No. 14, July 20, 2026. Reviewed as of July 26, 2026.

This is an annotated mirror, not the official publication. Verify against the Civil Service Commission before relying on it.

In plain language

What follows you when you move, and what does not. A temporary transfer keeps your promotional rights in the promotional unit scope you came from. A permanent transfer, an intergovernmental transfer or a reassignment keeps accumulated seniority or service for determining promotional, layoff and demotional rights and sick and vacation leave entitlements, and in State service also keeps your rate of compensation, anniversary date and administrative leave entitlements. Then the subtractions. A permanent transfer caused by a combining of functions or operations keeps promotional rights in the prior unit scope only for promotional examinations you had already filed for or taken. A reassignment from one promotional unit scope to another keeps no promotional rights in the former unit at all. And law enforcement officers, including sheriff's officers and county correction officers, who waived accumulated seniority on an intergovernmental transfer, along with all firefighters, do not retain that seniority.

Written by the NJ Civil Service Navigator editorial team from the text of N.J.A.C. 4A:4-7.4. It is a description of the rule, not the rule itself, and not legal advice.

(a) An employee who is temporarily transferred shall retain promotional rights in the promotional unit scope from which he or she has transferred. #

(b) An employee who is transferred in accordance with N.J.A.C. 4A:4-7.1, intergovernmentally transferred (except as provided in (c) below) in accordance with N.J.A.C. 4A:4-7.1A or is reassigned shall retain accumulated seniority or service for purposes of determining promotional, layoff or demotional rights and sick and vacation leave entitlements. In State service, an employee's rate of compensation, anniversary date and administrative leave entitlements shall be retained. #

(c) In the case of an intergovernmental transfer in accordance with N.J.A.C. 4A:4-7.1A, those law enforcement officers, including sheriff's officers and county correction officers, who waive all accumulated seniority rights, and all firefighters, shall not retain such seniority for purposes of determining promotional, layoff or demotional rights and sick and vacation leave entitlements. #

(d) An employee who is permanently transferred due to a combining of functions or operations of two or more organizational units shall retain promotional rights in the prior promotional unit scope only for promotional examinations he or she has filed for or taken. #

(e) An employee who is reassigned from one promotional unit scope to another shall retain no promotional rights in the former unit. #

Amendment history

Rule numbers, effective dates and New Jersey Register citations as published. 3 recorded changes.

  1. AmendedR.2007 d.358
    39 N.J.R. 2680(a); 39 N.J.R. 4923(b)
  2. AmendedR.2006 d.104
    37 N.J.R. 4351(a); 38 N.J.R. 1425(a)
  3. AmendedR.2001 d.420
    33 N.J.R. 2567(a); 33 N.J.R. 3895(b)

How this rule has been applied

10 decisions have cited N.J.A.C. 4A:4-7.4. The list below is citations to those decisions, not the decisions. We have not written summaries for this section. A citation with no summary is deliberate: we do not paraphrase a decision we have not read. Nothing here is legal advice.

Appellate Division (1)
  • Zamboni v. Stamler199 N.J.Super. 378; 489 A.2d 1169
Civil Service Commission final determinations (9)
  • In re Akel et al., Police Sergeant (PM4594C), Middletown Twp., CSC Docket Nos. 2022-1490 and 2022-14852022 N.J. CSC LEXIS 43Docket 2022-1490 and 2022-1485
  • In re McNair et al., Cnty. Corr. Police Sergeant (PC4825C), Hudson Cnty., CSC Docket Nos. 2022-1636 and 2022-1641 (Consolidated)2022 N.J. CSC LEXIS 254Docket 2022-1636 and 2022-1641
  • In re Bandurski, Police Sergeant (PM4564C), Hopatcong, CSC Docket No. 2022-13842022 N.J. CSC LEXIS 133Docket 2022-1384
  • In re Hawkins, Dep't of Human Servs., CSC Docket No. 2016-24952017 N.J. CSC LEXIS 6Docket 2016-2495
  • In re Charyak, Envt'l Specialist 3 (PS5264G), Dep't of Envt'l Prot., CSC Dkt. No. 2015-27932015 N.J. CSC LEXIS 226
  • In re DeBonis, Police Officer, City of Hackensack, CSC Docket No. 2015-12542014 N.J. CSC LEXIS 760Docket 2015-1254
  • In re Caprio, Police Officer, City of Bridgeton, CSC Dkt. No. 2014-11452013 N.J. CSC LEXIS 1107
  • In re Gloucester Cnty., Corr. Officers, CSC Dkt. No. 2013-34212013 N.J. CSC LEXIS 540
  • In re Jaime Lennon and Jennifer Mischin, Family Service Specialist 1, Dep't of Children & Families, CSC Dkt. Nos. 2013-29202013 N.J. CSC LEXIS 493

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