SECTION 260:25-7-14. Rate of pay upon reclassification, promotion, career progression, demotion and transfer

(a)   Rate of pay when incumbent is reclassified directly. When an employee is reclassified directly under 260:25-5-90, the base rate of pay shall be fixed in accordance with 260:25-7-13.

(b)   Rate of pay upon promotion or career progression.

(1)   An Appointing Authority shall adopt objective written criteria for the amount of salary advancements on promotion or career progression. These criteria shall be a part of the agency salary administration plan established under 260:25-7-1.1 and shall be consistent with state and federal statutes prohibiting discrimination.

(2)   The Appointing Authority shall set an employee's base salary on promotion or career progression at no less than 5% and no more than the maximum of the assigned pay band.

(3)   The Appointing Authority shall not lower the base salary of an employee on promotion or career progression. If the employee's base salary before promotion or career progression exceeds the maximum of the new pay band, the employee's base salary shall remain the same.

(c)   Rate of pay when demoted. The base rate of pay of an employee who is demoted shall be set by the Appointing Authority at any rate of pay within the pay band for the job to which demoted, which does not exceed that employee's last base rate of pay; however, in the event an approved Salary Administration Plan is in effect, the Appointing Authority may increase the base rate of pay for the job to which the employee is demoted into which is consistent with the hiring range established for the job, salaries paid to other individuals performing similar work, or other relevant factors. An Appointing Authority may delay setting the base rate of pay upon demotion for up to 1 year when the demotion is due to an agency reorganization. For the purposes of this subsection, "agency reorganization" means the reclassification of employees in lieu of reduction-in-force.

(d)   Rate of pay upon intra-agency lateral transfer. An Appointing Authority may provide up to a 5% increase in base rate of pay, not to exceed the maximum rate of pay for the pay band, for an employee upon intra-agency lateral transfer to a position in the same job family and level or another job family and level with the same pay band assignment, based on the needs of the agency. [74:840-2.17]

(e)   Rate of pay upon interagency lateral transfer. An Appointing Authority may set the base rate of pay for an employee on an interagency lateral transfer at any rate of pay within the pay band for the job to which the person is transferred which is consistent with the hiring range established for the job, salaries paid to other individuals performing similar work, or other relevant factors.

[Source: Added at 31 Ok Reg 1346, eff 9-12-14; Amended at 32 Ok Reg 1751, eff 9-11-15; Amended at 33 Ok Reg 761, eff 8-25-16; Amended at 34 Ok Reg 1240, eff 9-11-17]