SECTION 260:25-11-74. Interagency transfer of personnel resulting from transfer of facility or function

  When a facility or function is transferred from one state agency to another, classified employees may be transferred without change or modification in status. Such transfer of personnel is subject to the following conditions and provisions:

(1)   Positions created in the receiving agency as a result of the transfer of a facility or function which are filled by employees being transferred in accordance with this Section need not be posted as vacant.

(2)   If the job family level of transferring employees is not in the receiving agency's classification plan, the appropriate job families must be added to the plan on a temporary basis, not to exceed 6 months after the effective date of the transfer. Any such employee may be detailed to special duty, if necessary, to ensure that work assigned on a regular and consistent basis conforms to the employee's classification.

(3)   The receiving agency shall give a transferring employee credit for all unused sick and annual leave the employee has accrued.

(4)   The receiving agency shall not reduce the base salary of any employee at the time of the interagency transfer. If an employee must be reclassified to a higher job after transfer, a salary advancement is not required unless the rate of pay before promotion is below the new range. Subsequent salary changes must be in accordance with the Merit Rules.

(5)   Except as specifically provided in this Section, all other Merit Rules governing the actions of employees and agencies remain in full force and effect, during and after the interagency transfer.

[Source: Added at 31 Ok Reg 1346, eff 9-12-14]