Oklahoma 2022 Regular Session

Oklahoma Senate Bill SB63 Compare Versions

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3+SB63 HFLR Page 1
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4-An Act
5-ENROLLED SENATE
29+HOUSE OF REPRESENTATIVES - FLOOR VERSION
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31+STATE OF OKLAHOMA
32+
33+1st Session of the 58th Legislature (2021)
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35+ENGROSSED SENATE
636 BILL NO. 63 By: Montgomery of the Senate
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1545 An Act relating to state government; amending 74 O.S.
1646 2011, Section 840-2.27E, as amended by Section 886,
1747 Chapter 304, O.S.L. 2012 (74 O.S. Supp. 2020, Section
1848 840-2.27E), which relates to the Severance Benefit s
1949 Act; modifying certain requirement for separation
2050 agreement; and providing an effective date.
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24-SUBJECT: State government
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2655 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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2856 SECTION 1. AMENDATORY 74 O.S. 2011, Section 840 -2.27E,
2957 as amended by Section 886, Chapter 304, O.S.L. 2012 (74 O.S. Supp.
3058 2020, Section 840-2.27E), is amended to read as follows:
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3259 Section 840-2.27E. Any affected employee who receives severance
3360 benefits pursuant to the State Government Reduction -in-Force and
3461 Severance Benefits Act shall execute a separation agreement with the
3562 employing agency, on forms to be prescribed by the Director of the
3663 Office of Management and Enterprise Services. The forms shall
3764 comply with applicable federal laws and may include but not be
3865 limited to the following elements:
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4093 1. Agreement by the affected employee that the receipt of the
4194 benefits is in lieu of co ntinued employment with the agency or other
4295 severance benefits related to the current reduction -in-force;
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4496 2. Agreement by the affected employee that, to the extent
4597 allowed by federal or state law, respectively, the affected employee
4698 releases the State of Oklahoma and the agency from all claims,
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48-ENR. S. B. NO. 63 Page 2
4999 liabilities, demands and causes of action known or unknown, fixed or
50100 contingent, equitable, legal or administrative, except unemployment
51101 insurance;
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53102 3. Agreement by the affected employee that, to the extent
54103 allowed by federal or state law, respectively, the affected employee
55104 releases the State of Oklahoma and the agency from any claim or
56105 cause of action which might arise under federal or state laws
57106 governing the employment relationship; and
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59107 4. Agreement by the affec ted employee that the affected
60108 employee knows and understands that the receipt of severance
61109 benefits is in exchange, to the extent allowed by federal or state
62110 law, for any rights the affected employee may have had to:
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64111 a. continued employment with any agenc y, and
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66112 b. future employment with the agency from which separated
67113 for a period of one (1) year from the date of the
68114 agreement, provided that nothing in this subparagraph
69115 shall prohibit an appointing authority of any agency
70116 from employing an affected employe e who has received a
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71144 severance benefit. If an affected employee is
72145 reemployed by the agency from which separated as a
73146 result of a reduction -in-force within one (1) year of
74147 separation, the affected employee shall repay all
75148 severance benefits received pursu ant to the State
76149 Government Reduction -in-Force and Severance Benefits
77150 Act on a proportional basis. The repayment amount of
78151 the severance benefits received by or paid on behalf
79152 of the affected employee shall be reduced one -three-
80153 hundred-sixty-fifths (1/365) for each day after the
81154 separation of the affected employee, provided that any
82155 education voucher credit benefits shall not include
83156 agency contributions .
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85157 The provisions of this section shall not prohibit any affected
86158 employee from accepting severance benef its from more than one agency
87159 during employment with the State of Oklahoma.
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89160 SECTION 2. This act shall become effective November 1, 20 21.
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92-ENR. S. B. NO. 63 Page 3
93-Passed the Senate the 2nd day of March, 2021.
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97- Presiding Officer of the Senate
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100-Passed the House of Representatives the 12th day of April, 2021.
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104- Presiding Officer of the House
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107-OFFICE OF THE GOVERNOR
108-Received by the Office of the Governor this _______ _____________
109-day of _________________ __, 20_______, at _______ o'clock _______ M.
110-By: _______________________________ __
111-Approved by the Governor of the State of Oklahoma this _____ ____
112-day of _________________ __, 20_______, at _______ o'clock _______ M.
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114- _________________________________
115- Governor of the State of Oklahoma
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118-OFFICE OF THE SECRETARY OF STATE
119-Received by the Office of the Secretary of State this _______ ___
120-day of __________________, 20 _______, at _______ o'clock _______ M.
121-By: _______________________________ __
162+COMMITTEE REPORT BY: COMMITTEE ON GOVERNMENT MODERNIZATION AND
163+EFFICIENCY, dated 03/30/2021 - DO PASS.