Title 530
Office of Personnel Management
Chapter 10 -- Merit System of Personnel Administration Rules
(OPM Full Text As Amended July 1, 2012 -- UNOFFICIAL)
SUBCHAPTER 13. REDUCTION-IN-FORCE
PART 1. GENERAL PROVISIONS FOR REDUCTION-IN-FORCE
Section
530:10-13-1. Purpose
530:10-13-2. Definitions
530:10-13-3. Notice of reduction-in-force and time requirements
530:10-13-4. Agency-provided plans [REVOKED]
530:10-13-5. Displacement limits [REVOKED]
530:10-13-6. Equal employment opportunity (EEO)
530:10-13-7. Reductions-in-force not disciplinary [REVOKED]
530:10-13-8. Required freeze on personnel transactions [AMENDED EFF. 7/11/04]
530:10-13-9. Continuation of insurance upon separation by reduction-in-force
530:10-13-10. Appeal of reduction-in-force
530:10-13-11. Option in lieu of reduction-in-force [AMENDED EFF. 7/11/04]
530:10-13-12. Severance benefits [AMENDED EFF. 7/11/04]
530:10-13-13. Reduction-in-Force Educational Voucher Fund [AMENDED EFF. 7/11/04]
PART 3. REDUCTION-IN-FORCE PLAN REQUIREMENTS
530:10-13-30. Basic reduction-in-force plan [REVOKED]
530:10-13-31. Abolishing positions and retaining positions [AMENDED EFF. 7/11/04]
530:10-13-32. Order of employee removal
530:10-13-33. Calculation of retention points for length of service [AMENDED EFF. 7/11/04]
530:10-13-34. Displacement opportunities and limits [AMENDED EFF. 7/11/04]
530:10-13-35. Reduction-in-force implementation schedule [AMENDED EFF. 7/15/06]
530:10-13-36. Written notice to employees [AMENDED EFF. 7/11/04]
530:10-13-37. Exercise of displacement rights [AMENDED EFF. 7/11/04]
530:10-13-38. Employee separations
PART 5. RECALL RIGHTS
530:10-13-50. Eligibility for recall [AMENDED EFF. 7/11/04]
530:10-13-51. Order of recall [AMENDED EFF. 7/11/04]
530:10-13-52. Forfeiture and expiration of recall rights
530:10-13-53. Recall after multiple reductions-in-force
PART 7. PRIORITY CONSIDERATION FOR REEMPLOYMENT
530:10-13-70. Eligibility for priority reemployment consideration [AMENDED EFF. 7/11/04]
530:10-13-71. Agency priority reemployment consideration requirements
530:10-13-72. Conditions of employment and entrance salary [AMENDED EFF. 7/11/04]
530:10-13-73. Expiration and forfeiture of eligibility
[AUTHORITY: Section 840-2.27C of Title 74 of the Oklahoma Statutes]
PART 1. GENERAL PROVISIONS FOR REDUCTION-IN-FORCE
530:10-13-1. Purpose
The purpose of the rules in this Subchapter is to implement the provisions of Sections 840-2.27A through 840-2.27(I) of the Oklahoma Personnel Act which pertain to reductions-in-force. The rules in this Subchapter establish general provisions for reductions-in-force and policies and procedures for recall and priority consideration for reemployment. The rules in this Subchapter governing reductions-in-force apply to classified employees within the executive branch only. This Subchapter is not a comprehensive listing of state and federal statutory provisions related to reductions-in-force and regulations promulgated thereunder, and is not intended to conflict with either state or federal law and regulations.
530:10-13-2. Definitions
In addition to terms defined in 530:10 1 2 and 455:10-1-2, the following words and terms, when used in this Subchapter, shall have the following meaning, unless the context clearly indicates otherwise.
"Affected job family levels" means those containing affected positions.
"Affected employees" means classified employees in affected positions.
"Affected positions" means positions being abolished or positions which are subject to displacement action.
"Agency" means any office, department, board, commission, or institution of all branches of state government, except institutions within The Oklahoma State System of Higher Education.
“Displacement or displace” means the process of an employee accepting an offer of employment to an occupied or funded vacant position.
"Displacement limit" means any area within an agency in which displacement may not occur. These areas may include, but are not limited to, job families, units, and geographic areas within an agency.
"Displacement opportunity" means the circumstances under which an occupied or funded vacant position is subject to displacement by an affected employee.
"Displacement privilege" means the privilege an affected employee has to utilize a displacement opportunity.
"Educational institution" means an institution within The Oklahoma State System of Higher Education, a facility under the management or control of the Oklahoma State Department of Vocational and Technical Education, or a licensed private educational institution in the State of Oklahoma.
"Personnel transaction" means the record of the separation as a result of a reduction-in-force of a classified affected employee from an agency, or the record of the transfer or demotion of a classified affected employee. [74:840-2.27B]
"Reduction-in-force" means abolition of positions in an agency or part of an agency and the corresponding nondisciplinary removal of affected employees from such positions through separation from employment or through displacement to other positions.
"Reorganization" means the planned elimination, addition or redistribution of functions or duties either wholly within an agency, any of its subdivisions, or between agencies.
"Severance benefits" means employee benefits provided by the State Government Reduction-in-Force and Severance Benefits Act to affected employees separated through a reduction-in-force.
"Years of service" means current and prior service which is creditable for the Longevity Pay Plan. An affected employee shall not be required to have been continuously employed for two (2) years to be given credit for either current or prior service pursuant to the State Government Reduction-in-Force and Severance Benefits Act.
530:10-13-3. Notice of reduction-in-force and time requirements
(a) Cabinet Secretary approval. Prior to the posting of any reduction-in-force notice, the notice shall be approved by the cabinet secretary for the agency conducting the reduction-in-force. [74:840-2.27C] If there is no incumbent cabinet secretary for the agency or if the appointing authority is governed by an elected official, the approval requirement shall not apply.
(b) Notice. At least 60 days before the scheduled beginning of reduction-in-force separations or as otherwise provided by law, the Appointing Authority shall post a notice in each office affected by the proposed reduction-in-force that a reduction-in-force will be conducted in accordance with the Oklahoma Personnel Act and Merit Rules. Such notice shall be posted for 5 days. The Appointing Authority shall provide a copy of the notice to the Administrator. A reduction-in-force shall not be used as a disciplinary action. [74:840 2.27C(A)]
(c) Implementation plan. The reduction-in-force implementation plan and subsequent personnel transactions directly related to the reduction-in-force shall be in compliance with rules adopted by the Administrator. The reduction-in-force implementation plan, including the description of and reasons for displacement limits and protections from displacement actions, and severance benefits that will be offered shall be posted in each office affected by the plan within 5 business days after posting of the reduction-in-force notice. At the discretion of the Appointing Authority, the reduction-in-force implementation plan may be posted concurrently with the reduction-in-force notice. The reduction-in-force implementation plan shall:
(1) Specify the position or positions to be abolished within specified units, divisions, facilities, agency-wide or any parts thereof, as determined by the Appointing Authority;
(2) Provide for retention of affected employees based on type of appointment;
(3) Require separation of probationary classified affected employees in affected job family levels, except those affected employees in probationary status after reinstatement from permanent classified status without a break in service, prior to the separation of any permanent classified affected employee in an affected job family level;
(4) Provide for the retention of permanent classified affected employees in job family levels and those affected employees in probationary status after reinstatement, based on years of service;
(5) Provide for exercise of displacement opportunities by permanent classified affected employees and those affected employees in probationary status after reinstatement if any displacement opportunities exist; and
(6) Provide for outplacement assistance and employment counseling from the Oklahoma Employment Security Commission and any other outplacement assistance and employment counseling that may be available. [74:840-2.27C(B)]
(d) Review of fiscal components. The Director of the Office of State Finance shall, within 5 business days of receipt, review the fiscal components of the reduction-in-force implementation plan and reject any plan that does not meet the requirements of Section 840-2.27C(D) of Title 74 of the Oklahoma Statutes.
(e) Notice to State Employee Retirement Systems. Within 30 days after the approval of a reduction-in-force implementation plan by the Office of State Finance, the Appointing Authority shall provide written notice of the approved plan to the Oklahoma Public Employees Retirement System or the Oklahoma Teachers' Retirement System, or a combination thereof to facilitate the possible purchase of termination credit if the affected employee(s) is a member of the aforementioned retirement system.
530:10-13-4. Agency-provided plans [REVOKED]
530:10-13-5. Displacement limits [REVOKED]
530:10-13-6. Equal employment opportunity (EEO)
In planning and conducting a reduction-in-force, the Appointing Authority shall consider the effect of decisions, such as establishment of displacement limits and selection of job family levels containing positions to be abolished, on the composition of the work force of the agency. If displacement limits are established in accordance with 530:10 13 5 and Section 840-2.27C of the Oklahoma Personnel Act, adverse impact will be assessed as recognized in state and federal laws, rules and guidelines. The Appointing Authority shall take appropriate action consistent with state and federal laws, rules and guidelines governing adverse impact.
530:10-13-7. Reductions-in-force not disciplinary [REVOKED]
530:10-13-8. Required freeze on personnel actions
(a) At least 14 calendar days before the reduction-in-force implementation plan is posted in accordance with Section 840-2.27C of Title 74 of the Oklahoma Statutes and 530:10-13-35, all personnel actions within affected job families shall be frozen, except:
(1) separations unrelated to the reduction-in-force,
(2) leave,
(3) disciplinary actions,
(4) other transactions specifically required by law,
(5) transactions specifically due to the reduction-in-force, and
(6) transactions the Appointing Authority certifies will not limit displacement opportunities for affected employees.
(b) This freeze shall remain in effect until the reduction-in-force implementation plan is posted.
530:10-13-9. Continuation of insurance upon separation by reduction-in-force
The Appointing Authority shall notify employees who are separated because of a reduction-in-force and who are ineligible for or who decline severance benefits pursuant to Section 840-2.27D of Title 74 of the Oklahoma Statutes of their rights to continue their insurance coverage under the Public Health Service Act, 42 U.S.C. § 300bb-1, et seq.
530:10-13-10. Appeal of reduction-in-force
Employees may only appeal a reduction-in-force to the Merit Protection Commission on the basis of procedural errors in the application of the reduction-in-force plan of the employing agency [74:840-6.2(J)]. A reduction-in-force shall not be used as a disciplinary action.
530:10-13-11. Option in lieu of reduction-in-force
Agencies may provide voluntary out benefits to eligible employees in accordance with the provisions of Section 840-2.28 of Title 74 of the Oklahoma Statutes.
530:10-13-12. Severance benefits
(a) Agencies shall provide mandatory severance benefits in accordance with the provisions of Section 840-2.27D of Title 74 of the Oklahoma Statutes to eligible classified employees, eligible classified employees on probationary status after reinstatement from permanent classified status without a break in service, and who are separated as a result of the same reasons that a reduction-in-force is conducted for classified employees. Employees who are eligible for Priority Reemployment Consideration in accordance with Section 840-2.27C of Title 74 of the Oklahoma Statutes and Part 7 of this Subchapter who are employed by any agency before the scheduled date of reduction-in-force separations, are not eligible for severance benefits. Employees who are reemployed by the agency from which separated by a reduction-in-force less than 1 year after receiving severance benefits are required to repay such benefits in accordance with Section 840-2.27E of Title 74 of the Oklahoma Statutes.
(b) An agency which is separating only unclassified employees with 1 year or more continuous service for budgetary reasons may provide severance benefits pursuant to Sections 840-2.27D and 840-5.1A of Title 74 of the Oklahoma Statutes.
(c) An eligible employee who accepts severance benefits shall be required to sign an agreement, in a form prescribed by the Administrator, acknowledging that the employee accepts the severance benefits provided by the Appointing Authority pursuant to the provisions of Section 840-2.27D of Title 74 of the Oklahoma Statutes. The form provides information to the affected employee concerning his or her rights and responsibilities under Section 840-2.27E of Title 74 of the Oklahoma Statutes. [74:840-2.27E]
530:10-13-13. Reduction-in-Force Educational Voucher Fund
There is hereby created in the State Treasury a revolving fund for the Office of Personnel Management to be designated the "Reduction-in-Force Education Voucher Action Fund." The fund is to be used to provide education vouchers to eligible employees exercising rights to severance benefits or voluntary out benefits in accordance with Sections 840-2.27D and 840-2.28 of Title 74 of the Oklahoma Statutes. The vouchers are to be used to make payment to eligible educational institutions. [74:840-2.27F]
PART 3. REDUCTION-IN-FORCE PLAN REQUIREMENTS
530:10-13-30. Basic reduction-in-force plan [REVOKED]
530:10-13-31. Abolishing positions and retaining positions
The Appointing Authority shall determine the specific position or positions to be abolished within specified units, divisions, facilities, agency-wide or any parts thereof [74:840-2.27C]. The Appointing Authority shall determine which vacant positions will be retained. [74:840-2.27C].
530:10-13-32. Order of employee removal
(a) Agency-wide, or within displacement limits, if established, retention of affected employees shall be based on job family level and type of appointment [74:840-2.27C]. Subject to eligible classified employees accepting displacement offers, agencies shall separate probationary classified employees in the affected job family levels, except those affected employees on probationary status after reinstatement from permanent classified status without a break in service, prior to the separation or voluntary demotion of any permanent classified employee from the same job family level [74:840 2.27C].
(b) Retention of permanent classified employees in affected job family levels and within displacement limits, if any are established, shall be based on years of service [74:840-2.27C].
(c) The Appointing Authority shall calculate retention points for all eligible classified employees, including those on an approved leave of absence. Eligible classified employees with more retention points shall be ranked higher; with the order of removal from a job family level in inverse order of that ranking. If tie scores occur, the ranking of employees who have the same total retention points shall be determined first by giving a veteran’s preference over affected nonveterans who have equal retention points to the affected veteran and then by giving preference for retention according to years of service in the agency. If a tie continues to exist, retention status shall be determined by a method established by the Appointing Authority and described in the reduction-in-force implementation plan [74:840-2.27C].
(d) For purposes of a reduction-in-force, any permanent classified employee on a detail to special duty shall be ranked on the basis of base job family level, not on the basis of the job to which detailed.
530:10-13-33. Calculation of retention points for years of service
(a) Affected employees shall be given credit for all current and prior service which is creditable for the Longevity Pay Plan, Section 840 2.18 of Title 74 of the Oklahoma Statutes. An employee shall not be required to have been continuously employed for 2 years to be given credit for either current or prior service.
(b) An employee shall be granted 1 point for each full month of full-time service. Points shall not be granted for any work in excess of full-time. Points will be prorated for each month during which the employee worked less than full-time or less than the full month. In no case shall more than 1 point per month be granted. Appointing Authorities shall make sure that pro rata computations are consistent in application and calculation within the agency.
(c) A break-in-service or leave-without-pay period of more than 30 calendar days shall not be included in the calculation of retention points unless the employee was on military leave or on leave-without-pay in accordance with Section 840 2.21 of Title 74 of the Oklahoma Statutes. Periods of leave without pay of 30 calendar days or less shall be counted as full-time service.
(d) The end date for the calculation of years of service shall be uniform within an agency and shall approximate the date the reduction-in-force implementation plan is posted.
530:10-13-34. Displacement opportunities and limits
(a) Limitations on displacement opportunities. Except as provided in this Section, displacement opportunities shall be offered to eligible classified. Displacement opportunities shall not be offered if the result would be to cause the displacement of a permanent classified employee with higher retention points. Employees who have no displacement opportunities or who choose not to exercise a displacement opportunity, employees who do not respond to an offer in accordance with 530:10 13 37, and employees who refuse an offer shall be separated in accordance with 530:10 13 38. The appointing authority may protect from displacement action up to twenty percent (20%) of projected post-reduction-in-force employees in affected positions within displacement limits; provided that any fractional number resulting from the final mathematical calculation of the number of those positions shall be rounded to the next higher whole number. The appointing authority must explain why affected employees are being protected. Employees must have received an overall rating of "meets standards" on the most recent performance evaluation in order to exercise a displacement opportunity. For the purposes of this Section, employees who have not been rated within the past 12 months shall be deemed to have received an overall rating of "meets standards" on the most recent performance evaluation. [74:840-2.27C]
(b) Offers of displacement opportunities. Starting with the employee having the highest retention points, displacement opportunities shall be offered to eligible classified employees and to displaced employees. Such offers shall be confined within any displacement limits established by the Appointing Authority. Options available will be offered in the order listed below. If an opportunity at one level, e.g. (1)(A), does not exist, an opportunity at the next lower level, e.g. (1)(B), shall be offered, if available. If the affected employee has not held within the last five (5) years a position in the job family level or predecessor class in which the affected employee is otherwise eligible for a displacement opportunity, the appointing authority may determine that the affected employee does not possess the recent relevant experience for the position and deny in writing the displacement opportunity. [74:840-2.27C]
(1) Transfer within the same job family and level into a retained position which is currently:
(A) vacant and available for displacement in accordance with 530:10 13 31,
(B) held by a non-permanent employee (in order of appointment type), or
(C) held by the employee with the lowest retention points.
(2) Lateral transfer to a retained position in another job family previously held in the reverse order in which they were held by the employee on a permanent basis which is currently:
(A) vacant and available for displacement in accordance with 530:10-13-31,
(B) held by a non-permanent employee (in order of appointment type), or
(C) held by the employee with the lowest retention points.
(3) Voluntary demotion to a retained position in the next available lower level of the same job family which is currently:
(A) vacant and available for displacement in accordance with 530:10 13 31,
(B) held by a non-permanent employee (in order of appointment type), or
(C) held by the employee with the lowest retention points.
(4) Voluntary demotion to a retained lower level position in another job family previously held in the reverse order in which they were held by the employee on a permanent basis which is currently:
(A) vacant and available for displacement in accordance with 530:10 13 31,
(B) held by a non-permanent employee (in order of appointment type), or
(C) held by the employee with the lowest retention points.
(c) An eligible employee who exercises a displacement privilege shall be required to sign an agreement, in a form prescribed by the Administrator, acknowledging that the employee had an opportunity to receive severance benefits and affirmatively elected to exercise a displacement privilege and to forego such benefits. The form provides information to the affected employee concerning his or her rights and responsibilities under Section 840-2.27C of Title 74 of the Oklahoma Statutes. [74:840-2.27C(C)]
530:10-13-35. Reduction-in-force implementation schedule
As provided in Section 840-2.27C of Title 74 of the Oklahoma Statutes and OAC 530:10-13-3, Appointing Authorities of executive branch agencies shall post the reduction-in-force implementation plan in all offices of the agency within 5 business days after posting the reduction-in-force notice. A copy of the implementation plan shall be provided to the Office of Personnel Management, the Oklahoma Merit Protection Commission, the Director of State Finance and any state employee association representing state employees at such time and as defined at OAC 530:15-1-2. no later than the time it is posted in the agency. The reduction-in-force implementation plan is not subject to the approval of the Administrator or the Commission. In addition to the information required by 530:10-13-3(b), the reduction-in-force implementation plan shall include:
(1) a statement of the conditions necessitating the reduction-in-force;
(2) the estimated time schedule for the reduction-in-force;
(3) a description of the displacement process, and limits;
(4) listings of affected positions and employees, to include the following information (or if such lists are not posted, the location of the office where they are available for review):
(A) all occupied and vacant positions to be abolished, showing in each case: geographical and administrative location, job family, level, and pay band for the position; the name, job family, level, and pay band, of the incumbent; and, for permanent employees, retention points and other lateral or lower level job families in which the employee previously held permanent status, listed in the reverse order in which they were held;
(B) all positions and employees which are subject to displacement, showing the same information;
(C) other occupied and vacant positions and employees in affected job families, showing the same information. The agency may include all other positions in the agency in affected job families or may limit posting to ten percent of positions occupied by employees with the least number of retention points based on longevity dates in affected job families, and
(D) all retained funded vacant positions anywhere in the agency
(5) the schedule and procedure to be followed if an eligible employee chooses to accept a displacement offer for transfer or voluntary demotion in lieu of separation;
(6) the agency policy on issues related to partial payment of moving expenses for transferred employees in accordance with Section 500.51 of Title 74 of the Oklahoma Statutes;
(7) such other information as the Appointing Authority deems appropriate; and
(8) the method established by the Appointing Authority to break ties in retention points.
530:10-13-36. Written notice to employees
Appointing Authorities of executive branch agencies shall provide individual written notice to affected employees in abolished positions within 5 calendar days after posting of the implementation plan. Other employees affected through the exercise of a displacement opportunity shall be notified within 5 calendar days after being identified as being displaced. The written notice to employees shall:
(1) provide a description of the employee's retention status, including retention points calculation;
(2) offer an opportunity to notify a specified agency official in writing of any possible errors in the retention points calculation, and to request in writing a meeting with supervisors or agency officials;
(3) include the effective date of separation and instructions for exercising a displacement opportunity, if one is available; and
(4) provide notice of appeal rights for classified employees in accordance with 530:10 13 10.
530:10-13-37. Exercise of displacement privileges
To exercise a displacement privilege in lieu of separation, eligible employees shall follow the schedule and procedure included in the reduction-in-force implementation plan. Such procedure shall provide employees no less than 24 hours to respond following their receipt of a specific offer. An Appointing Authority may require employees to submit specific requests for transfer or voluntary demotion in writing, either by mail or in individual or group meetings.
530:10-13-38. Employee separations
An affected employee who does not agree pursuant to Section 840-2.27E of Title 74 of the Oklahoma Statutes to accept severance benefits and who does not have a displacement opportunity shall be separated by the reduction-in-force and shall not receive any severance benefits that would otherwise have been provided. [74:840-2.27C(D)]
PART 5. RECALL RIGHTS
530:10-13-50. Eligibility for recall
(a) Consistent with any displacement limits adopted pursuant to Section 840-2.27C of Title 74 of the Oklahoma Statutes, permanent classified employees and employees in probationary status after reinstatement from permanent classified status without a break in service who are removed from a job family level as a result of a reduction-in-force in an agency shall be eligible for recall by that agency to the job family level from which removed for 18 months after the effective date of separation or demotion [74:840-2.27C].
(b) If there are persons eligible for recall to a job family level, an Appointing Authority may not appoint or reclassify persons to the job family level from the employment register, by internal action, such as promotion or reinstatement, or from Priority Reemployment Consideration Rosters [840 2.27C]. However, an Appointing Authority may reclassify an employee by involuntary demotion for cause to a job family level for which there is a recall list. The salary of a recalled employee shall be set in accordance with 530:10 7 8.
(c) Affected employees who are reemployed by the agency from which separated as a result of a reduction-in-force less than 1 year after receiving severance benefits are required to repay such benefits in accordance with Section 840-2.27E of Title 74 of the Oklahoma Statutes.
(d) Employees who accept voluntary out benefits in accordance with Section 840-2.28 of Title 74 of the Oklahoma Statutes shall not be eligible for recall.
530:10-13-51. Order of recall
Individuals who are eligible for recall shall be ranked in order of their retention points at the time the reduction-in-force implementation plan is posted, from high to low. [74:840-2.27C(E)] Offers of recall as described in 530:10 13 50 for classified positions shall be made first to the eligible individual having the highest retention points, regardless of whether the individual was separated or was removed from the job family level by voluntary demotion or lateral transfer to another job family level.
530:10-13-52. Forfeiture and expiration of recall rights
The right of an individual to be recalled to the job family level from which removed is subject to the following provisions and conditions.:
(1) Limitations on recall rights. Recall rights pertain only to the job family level from which an employee is removed in the agency that conducted the reduction-in-force [74:840-2.27C]. An individual has no right to be recalled to a specific position or to be recalled by any other agency.
(2) Forfeiture of recall rights. The right of an individual to be recalled is forfeited if the person:
(A) submits a written notice to the agency that waives the right to be recalled.
(B) declines an offer of recall [74:840-2.27C].
(C) fails to respond to a written inquiry from the Appointing Authority relative to an offer of recall within 7 calendar days after the date of its mailing or 4 calendar days after the date of its delivery by personal service. The inquiry must include the date and time by which the person must contact the Appointing Authority.
(D) fails to report for duty within the time specified by the Appointing Authority; provided the person is given at least 14 calendar days.
(E) accepts an offer of recall.
(3) Expiration of recall rights. The right of an individual to be recalled expires if the agency:
(A) makes no appointments to the job family level within the 18 months after the effective date of the removal of the person from the job family level [74:840-2.27C];
(B) in making offers of recall to a job family level, does not reach the name of the individual on the recall list within 18 months after the effective date of the removal of the person from the job family level [74:840-2.27C].
530:10-13-53. Recall after multiple reductions-in-force
If any agency conducts a reduction-in-force which requires the removal of permanent employees from a job family level for which there is already an unexpired recall list from a previous reduction-in-force, the names of the persons removed from the job family level will be merged with names already on the list based on retention points.
PART 7. PRIORITY CONSIDERATION FOR REEMPLOYMENT
530:10-13-70. Eligibility for priority reemployment consideration
(a) Permanent classified employees, and employees on probationary status after reinstatement from permanent classified status without a break in service, who have been separated as a result of an officially conducted reduction-in-force or the abolition of all or part of a state agency, are eligible for priority reemployment consideration [74:840-2.27C] for jobs in the classified service. In addition, affected employees shall be eligible for Priority Reemployment Consideration beginning with the date the implementation plan is posted, for a period not to exceed 12 months before the scheduled date of separation, if the agency:
(1) has posted a reduction-in-force notice and implementation plan and the employees are in positions covered by the plan and within the displacement limits established by the Appointing Authority; or
(2) is scheduled to be closed or abolished by law or court order. [74:840-2.27C]
(b) To be placed on the Priority Reemployment Consideration Roster for a job family level, a person shall apply to the Office of Personnel Management and meet all requirements for the job [74:840-2.27C]. The job family level need not be announced for recruitment. The names of the persons on Rosters shall be ranked in order of their individual final earned ratings [74:840-2.27C].
(c) Employees who accept severance benefits:
(1) are eligible for Priority Reemployment Consideration in accordance with the provisions of Section 840-2.27C of Title 74 of the Oklahoma Statutes,
(2) who are reemployed less than 1 year after receiving severance benefits by the agency from which they separated are required to repay such benefits in accordance with Section 840-2.27E of Title 74 of the Oklahoma Statutes.
(d) Employees who accept voluntary out benefits in accordance with Section 840-2.28 of Title 74 of the Oklahoma Statutes shall not be eligible for Priority Reemployment Consideration.
530:10-13-71. Agency priority reemployment consideration requirements
(a) Before any vacant position in the classified service is filled by the initial appointment of any person from an employment register, an Appointing Authority shall request a list of the names of persons appearing on the Priority Reemployment Consideration Roster for the appropriate job family level [74:840-2.27C]. The Appointing Authority shall give such persons priority consideration for reemployment and may appoint any person whose name appears on such list regardless of rank [74:840-2.27C]. Additionally, an Appointing Authority shall consider its Affirmative Action Plan in accordance with Section 840 2.1 of the Oklahoma Personnel Act and 530:10 3 31.
(b) An Appointing Authority may make an initial appointment from a certificate of eligibles as provided in 530:10 9 92, only after certifying in writing to the Administrator that any and all persons whose names appear on the Priority Reemployment Consideration Roster for the job family level were first given priority consideration for reemployment. This requirement does not mandate the appointment of a person from a Priority Reemployment Consideration Roster and does not apply to internal appointments and actions, such as, promotions and reinstatements.
530:10-13-72. Conditions of employment and entrance salary
Persons who are appointed from a Priority Reemployment Consideration Roster shall be employed in accordance with 530:10 9 102, if they are eligible for reinstatement as provided in that Section. The entrance salary of such persons shall be fixed in accordance with 530:10 7 4.
530:10-13-73. Expiration and forfeiture of eligibility
(a) The eligibility of an individual to remain on any Priority Reemployment Consideration Roster and to be given priority consideration for reemployment shall expire 18 months after separation as a result of a reduction-in-force or abolition of an agency [74:840-2.27C]. A person's eligibility shall also be forfeited upon:
(1) declination of an offer of reemployment to a job having the same or higher rate of pay than the job from which removed [74:840-2.27C], that is located in a county in which the person has indicated a willingness to work;
(2) acceptance of an offer of reemployment to a job having the same or higher rate of pay than the job from which removed;
(3) failure to report for duty within the time specified by the Appointing Authority; provided the person is given at least 14 calendar days;
(4) recall to the job family level from which removed; or
(5) failure to meet any of the requirements for the job.
(b) It is the responsibility of the person to maintain a current address with the Office of Personnel Management.