1 STATE OF OKLAHOMA
1
2 1st Session of the 58th Legislature (2021)
2
3 SENATE BILL 981 By: Weaver
3
4
4
5
5
6 AS INTRODUCED
6
7 An Act relating to state government; amending 74 O.S.
7 2011, Section 840-2.18, as amended by Section 877,
8 Chapter 304, O.S.L. 2012 (74 O.S. Supp. 2020, Section
8 840-2.18), which relates to longevity pay; limiting
9 applicability of certain longevity pay schedule;
9 creating additional longevity pay schedule for
10 certain employees; requiring employee evaluation to
10 be eligible for certain payment; providing an
11 effective date; and declaring an emergency.
11
12
12
13
13
14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
14
15 SECTION 1. AMENDATORY 74 O.S. 2011, Section 840-2.18, as
15
16 amended by Section 877, Chapter 304, O.S.L. 2012 (74 O.S. Supp.
16
17 2020, Section 840-2.18), is amended to read as follows:
17
18 Section 840-2.18. A. A longevity pay plan is hereby adopted.
18
19 This plan applies to all state classified, unclassified, and exempt
19
20 employees, excluding members of boards and commissions, institutions
20
21 under the administrative authority of the State Regents for Higher
21
22 Education, employees of public school districts, and elected
22
23 officials. The plan shall also apply to those employees of the
23
24 Oklahoma School for the Blind and the Oklahoma School for the Deaf
24
Req. No. 403 Page 1
 1 who qualify for longevity pay in accordance with subsection G of
1
2 Section 1419 of Title 10 of the Oklahoma Statutes.
2
3 B. The Oklahoma Conservation Commission is hereby authorized to
3
4 establish a longevity pay program for employees of the conservation
4
5 districts employed under Section 3-3-103 of Title 27A of the
5
6 Oklahoma Statutes. Such longevity pay program shall be consistent
6
7 with the longevity pay program for state employees authorized under
7
8 this title and payments shall be made in a manner consistent with
8
9 procedures for reimbursement to conservation districts.
9
10 C. To be eligible for longevity pay, employees must have been
10
11 continuously employed in the classified or unclassified service of
11
12 the state for a minimum of two (2) years in full-time status or in
12
13 part-time status working more than one thousand (1,000) hours a
13
14 year.
14
15 For purposes of this section, a break in service of thirty (30)
15
16 calendar days or less shall not be considered an interruption of
16
17 continuous service; a break in service of more than thirty (30)
17
18 calendar days shall mark an end to continuous service. The
18
19 legislative session employees who have worked for two (2) years or
19
20 more in part-time status and are eligible for state retirement
20
21 benefits, but do not receive other longevity payments, shall be
21
22 eligible and shall be considered to have been continuously employed
22
23 for purposes of calculating longevity payments, notwithstanding the
23
24 provisions of subsection E of this section.
24
Req. No. 403 Page 2
 1 D. 1. Longevity For employees who do not receive at least a
1
2 “meets standards” rating on their most current performance rating,
2
3 longevity pay for the first twenty (20) years of service shall be
3
4 determined pursuant to the following schedule:
4
5 Years of Service Annual Longevity Payment
5
6 At least 2 years but
6
7 less than 4 years $250.00
7
8 At least 4 years but
8
9 less than 6 years $426.00
9
10 At least 6 years but
10
11 less than 8 years $626.00
11
12 At least 8 years but
12
13 less than 10 years $850.00
13
14 At least 10 years but
14
15 less than 12 years $1,062.00
15
16 At least 12 years but
16
17 less than 14 years $1,250.00
17
18 At least 14 years but
18
19 less than 16 years $1,500.00
19
20 At least 16 years but
20
21 less than 18 years $1,688.00
21
22 At least 18 years but
22
23 less than 20 years $1,900.00
23
24 At least 20 years $2,000.00
24
Req. No. 403 Page 3
 1 2. For each additional two (2) years of service after the first
1
2 twenty (20) years an additional Two Hundred Dollars ($200.00) shall
2
3 be added to the amount stated above for twenty (20) years of
3
4 service.
4
5 3. For employees who receive at least a “meets standards”
5
6 rating on their most current performance rating, longevity pay for
6
7 the first twenty (20) years of service shall be determined pursuant
7
8 to the following schedule:
8
9 Years of Service Annual Longevity Payment
9
10 At least 2 years but
10
11 less than 4 years $500.00
11
12 At least 4 years but
12
13 less than 6 years $750.00
13
14 At least 6 years but
14
15 less than 8 years $1,000.00
15
16 At least 8 years but
16
17 less than 10 years $1,250.00
17
18 At least 10 years but
18
19 less than 12 years $1,500.00
19
20 At least 12 years but
20
21 less than 14 years $1,750.00
21
22 At least 14 years but
22
23 less than 16 years $2,000.00
23
24
24
Req. No. 403 Page 4
 1 At least 16 years but
1
2 less than 18 years $2,500.00
2
3 At least 18 years but
3
4 less than 20 years $3,000.00
4
5 At least 20 years $3,250.00
5
6 4. For each additional two (2) years of service after the first
6
7 twenty (20) years an additional Two Hundred Fifty Dollars ($250.00)
7
8 shall be added to the amount stated above for twenty (20) years of
8
9 service.
9
10 5. To be eligible for the annual longevity payment provided for
10
11 in this section, each employee shall be evaluated at least annually
11
12 and prior to the month the employee is eligible.
12
13 The total amount of the annual longevity payment made to an
13
14 employee by any and all state agencies in any year shall not exceed
14
15 the amount shown on the table corresponding to that employee’s years
15
16 of service with the state, except as otherwise provided by Sections
16
17 840-2.27D and 840-2.28 of this title. Further, no employee shall
17
18 receive duplicating longevity payments for the same periods of
18
19 service with any and all agencies, except as otherwise provided by
19
20 Sections 840-2.27D and 840-2.28 of this title.
20
21 E. To determine years of service, cumulative periods of full-
21
22 time employment or part-time employment working more than one
22
23 hundred fifty (150) hours per month with the state excluding service
23
24 as specified in subsection A of this section are applicable. Part-
24
Req. No. 403 Page 5
 1 time employment, working one hundred fifty (150) hours per month or
1
2 less for the state, excluding service as specified in subsection A
2
3 of this section, shall be counted only if:
3
4 1. The period of employment was continuous for at least five
4
5 (5) months; and
5
6 2. The person worked more than two-fifths (2/5) time.
6
7 Other employment shall not be counted as service for purposes of
7
8 longevity payments. Further, no period of employment with the
8
9 state, whether with one or more than one agency, shall be counted as
9
10 more than full-time service.
10
11 F. Years of service under the administrative authority of the
11
12 State Regents for Higher Education or the administrative authority
12
13 of the Oklahoma Department of Career and Technology Education of any
13
14 employee who is now employed in a job classification which is
14
15 eligible for longevity pay shall be included in years of service for
15
16 purposes of determining longevity pay.
16
17 G. Years of service shall be certified through the current
17
18 employing agency by the appointing authority on a form approved by
18
19 the Office of Management and Enterprise Services. The form shall be
19
20 completed and posted as directed by the Director of the Office of
20
21 Management and Enterprise Services by the current employing agency
21
22 when the employee initially enters on duty with the agency and
22
23 thereafter whenever the employee’s anniversary date is changed.
23
24
24
Req. No. 403 Page 6
 1 H. Eligible employees, in full-time status or in part-time
1
2 status working more than one hundred fifty (150) hours per month,
2
3 shall receive one (1) lump-sum annual payment, in the amount
3
4 provided on the preceding schedule, during the month following the
4
5 anniversary date of the employee’s most recent enter-on-duty day
5
6 with the state. Upon implementation of the statewide information
6
7 systems project, the lump-sum annual payment may be paid concurrent
7
8 with the final payroll of the month of the employee’s anniversary
8
9 date. Eligible part-time employees who work one hundred fifty (150)
9
10 hours per month or less shall receive one (1) lump-sum annual
10
11 payment, based on the formula in subsection L of this section,
11
12 during the month following the anniversary date of the employee’s
12
13 most recent enter-on-duty day with the state. To receive longevity
13
14 pay an employee must be in pay status on or after his or her
14
15 anniversary date.
15
16 Eligible employees who would not otherwise receive annual
16
17 longevity payments because their employment includes regular periods
17
18 of leave without pay in excess of thirty (30) calendar days shall
18
19 receive one (1) lump-sum annual payment, based on the formula in
19
20 subsection L of this section, during:
20
21 1. The month of August if the employee is in pay status on July
21
22 1; or
22
23
23
24
24
Req. No. 403 Page 7
 1 2. During the month following the employee’s first return to
1
2 duty that fiscal year if the employee is not in pay status on July
2
3 1.
3
4 Except as otherwise provided by Sections 840-2.27D and 840-2.28
4
5 of this title, employees terminated as a result of a reduction-in-
5
6 force or retiring from state employment shall receive upon said
6
7 termination or retirement the proportionate share of any longevity
7
8 payment which may have accrued as of the date of termination or
8
9 retirement. Provided further that, the proportionate share of any
9
10 longevity payment which may have accrued as of the date of death of
10
11 an employee shall be made to the surviving spouse of the employee or
11
12 if there is no surviving spouse to the estate of the employee.
12
13 I. Periods of leave without pay taken in accordance with
13
14 Section 840-2.21 of this title shall be counted as service. Other
14
15 periods of nonpaid leave status in excess of thirty (30) calendar
15
16 days shall not mark a break in service; however, they shall:
16
17 1. Not be used in calculating total months of service for
17
18 longevity pay purposes; and
18
19 2. Extend the anniversary date for longevity pay by the total
19
20 period of time on nonpaid leave status except as provided in
20
21 subsection H of this section for employees whose conditions of
21
22 employment include regular periods of leave without pay.
22
23 J. Employees currently receiving longevity pay who work for the
23
24 judicial branch of state government or who work for the Oklahoma
24
Req. No. 403 Page 8
 1 Department of Career and Technology Education shall not be eligible
1
2 for the longevity pay plan provided for in this section.
2
3 K. A break in service with the state in excess of thirty (30)
3
4 days but which does not exceed two (2) years which was caused by a
4
5 reduction-in-force shall be treated as if it were a period of
5
6 nonpaid leave status as provided for in subsection I of this section
6
7 for the purpose of calculating total months of service for longevity
7
8 pay. This subsection shall only apply to state employees laid off
8
9 after June 30, 1982.
9
10 L. Eligible part-time employees working less than one hundred
10
11 fifty (150) hours per month and other eligible employees with
11
12 regular annual periods of leave without pay of more than thirty (30)
12
13 calendar days will receive a prorated share of the “Annual Longevity
13
14 Payment” authorized in subsection D of this section. The prorated
14
15 amount of payment will be based on actual hours worked in the
15
16 immediately preceding twelve (12) months.
16
17 M. An employee shall not be entitled to retroactive longevity
17
18 payments as a result of amendments to this section unless
18
19 specifically authorized by law.
19
20 N. The Director of the Office of Management and Enterprise
20
21 Services is authorized to promulgate such Longevity Pay Plan Rules
21
22 as he or she finds necessary to carry out the provisions of this
22
23 section.
23
24
24
Req. No. 403 Page 9
 1 O. As of July 1, 1998, years of service with a city-county
1
2 health department for employees who left a city-county health
2
3 department for employment with the Department of Environmental
3
4 Quality or the Oklahoma Department of Agriculture, Food, and
4
5 Forestry, between July 1, 1993, and July 1, 1998, and who are now
5
6 employed in a job classification that is eligible for longevity pay
6
7 pursuant to this section, shall be included in years of service for
7
8 purposes of determining longevity pay subsequent to July 1, 1998.
8
9 P. As of July 1, 2003, years of service with a local
9
10 conservation district shall be included in years of service for
10
11 purposes of determining longevity pay for local conservation
11
12 district employees transferred to the Oklahoma Conservation
12
13 Commission pursuant to the provisions of this section.
13
14 SECTION 2. This act shall become effective July 1, 2021.
14
15 SECTION 3. It being immediately necessary for the preservation
15
16 of the public peace, health or safety, an emergency is hereby
16
17 declared to exist, by reason whereof this act shall take effect and
17
18 be in full force from and after its passage and approval.
18
19
19
20 58-1-403 BG 1/21/2021 8:11:10 PM
20
21
21
22
22
23
23
24
24
Req. No. 403 Page 10