An Act
ENROLLED SENATE
BILL NO. 63 By: Montgomery of the Senate
and
Frix and Fugate of the
House
An Act relating to state government; amen ding 74 O.S.
2011, Section 840-2.27E, as amended by Section 886,
Chapter 304, O.S.L. 2012 (7 4 O.S. Supp. 2020, Section
840-2.27E), which relates to the Severance Benefit s
Act; modifying certain requirement for separation
agreement; and providing an effectiv e date.
SUBJECT: State government
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 74 O.S. 2011, Section 840-2.27E,
as amended by Section 886, Chapter 304, O.S.L. 2012 (74 O.S. Supp.
2020, Section 840-2.27E), is amended to read as follows:
Section 840-2.27E. Any affected employee who receives severance
benefits pursuant to the S tate Government Reduction-in-Force and
Severance Benefits Act shall execute a separation agreement with the
employing agency, on forms to be p rescribed by the Director of the
Office of Management and Enterprise Services. The forms sh all
comply with applicable federal laws and may include but not be
limited to the following elements:
1. Agreement by the affected employee that the receipt of the
benefits is in lieu of continued employ ment with the agency or other
severance benefits rel ated to the current re duction-in-force;
2. Agreement by the affected employee that, to the extent
allowed by federal or state law, respectively, the affected emplo yee
releases the State of Oklahoma and t he agency from all claims,
ENR. S. B. NO. 63 Page 2
liabilities, demands and causes of action known or unknown, fixed or
contingent, equitable, legal or administrative, except unemployment
insurance;
3. Agreement by the affected employee th at, to the extent
allowed by federal or state law, respectively, the affected employee
releases the State of Oklah oma and the agency from any claim or
cause of action which might arise under federal or state laws
governing the employment relationship; and
4. Agreement by the affected employee t hat the affected
employee knows and understands t hat the receipt of severa nce
benefits is in exchange, to the extent allowed by federal or state
law, for any rights the affected employee may have had to:
a. continued employment with any agency, and
b. future employment with the agency from which separa ted
for a period of one (1) year from the date of the
agreement, provided that nothing in this subparagraph
shall prohibit an appointing authority of any agency
from employing an affected employee who has rece ived a
severance benefit. If an affected employee is
reemployed by the ag ency from which separated as a
result of a reduction -in-force within one (1) year of
separation, the affected employee shall repay all
severance benefits received pursuant to the Sta te
Government Reduction -in-Force and Severance Benefits
Act on a proportional basis. The repayment amount of
the severance benefits received by or paid on behalf
of the affected employee shall be reduced one -three-
hundred-sixty-fifths (1/365) for each day after the
separation of the affected employee, provided that any
education voucher credit benefits shall not include
agency contributions .
The provisions of this section shall not prohibit any affected
employee from accepting severance benefits from more than one agency
during employment with the Sta te of Oklahoma.
SECTION 2. This act shall become effective November 1, 20 21.
ENR. S. B. NO. 63 Page 3
Passed the Senate the 2nd day of March, 2021.
Presiding Officer of the Senate
Passed the House of Representatives the 12th day of April, 2021.
Presiding Officer of the House
of Representatives
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this _______ _____________
day of _________________ __, 20_______, at _______ o'clock _______ M.
By: _______________________________ __
Approved by the Governor of the State of Oklahoma this _____ ____
day of _________________ __, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this _______ ___
day of __________________, 20 _______, at _______ o'clock _______ M.
By: _______________________________ __