Oklahoma § 19-215.31 - Retirement and pensions - Staff and other personnel

§ 19-215.31. Retirement and pensions - Staff and other personnel

salaries - Leave time payments.

A. Officers and employees in counties with a retirement system

who are presently enrolled in the county retirement system may

remain in such county system in lieu of enrolling in the Oklahoma

Public Employees Retirement System. The state shall pay to the

county retirement system the employer's contribution, not to exceed

the amount which would be paid by the employer, if the employee was

a member of the Oklahoma Public Employees Retirement System;

however, effective July 1, 1981, all new employees of the district

attorney's staff will belong to the Oklahoma Public Employees

Retirement System, as required by Section 902(16) of Title 74 of the

Oklahoma Statutes. All employees of the office of a district

attorney shall serve at the pleasure of the district attorney.

Employees who did not elect to remain in the county retirement

system by July 1, 1981, shall be enrolled in the Oklahoma Public

Employees Retirement System and said employees must cease

participation in said county retirement system. These employees

shall further elect to have their county service transferred to the

Oklahoma Public Employees Retirement System or withdraw their

contributions from the county retirement system. This election to

waive transfer of the county service shall be final. For those

employees who elected to transfer their county service, the county

retirement system shall transfer to the Oklahoma Public Employees

Retirement System all funds contributed by the individual members

and all funds contributed by the county for such members no later

than September 30, 1981, and the county retirement system shall

provide the Oklahoma Public Employees Retirement System a certified

Oklahoma Statutes - Title 19. Counties and County Officers

statement of service accrued on a fiscal year basis. Certification

shall include annual salaries, individual contributions and county

contributions for each transferred member.

B. Effective January 1, 1983, the entire salaries of all

investigators, support staff or other employees of the offices of

district attorneys and their operating and maintenance expenses

shall be paid by the state; provided however, the salaries and

operating expenses of those employees of the office of the district

attorney who are assigned child support enforcement duties shall be

paid with funds received as reimbursement from the Department of

Human Services under terms of a contract with the office of the

district attorney as authorized by Section 237.1 of Title 56 of the

Oklahoma Statutes. The term "support staff" shall include all

secretaries, clerks, receptionists, paralegals, legal assistants,

law clerks, victim-witness coordinators and other office management

personnel of the offices of district attorneys.

C. Effective January 1, 1983, the state will assume liability

for payment to any officer or employee of the various district

attorney offices for any earned and unused leave time accruing from

and after January 1, 1983, and the state will also assume liability

for payment of leave time to which such officers or employees shall

be entitled which accrued prior to January 1, 1983, up to a maximum

limit of fifteen (15) days prior leave time credit for each such

officer or employee. The various respective counties shall remain

liable for and shall pay to any such officer or employee entitled to

such leave time payment any amount representing unused leave time

credit in excess of the fifteen (15) days assumed by the state, to

which such officer or employee shall be entitled, and which accrues

or has accrued prior to January 1, 1983. At the written option of

each individual officer or employee concerned, the portion of leave

time credit accrued as of January 1, 1983, for which the counties

are liable for payment, shall either be paid in a lump sum to said

officer or employee, or be paid to the State Treasurer to be carried

forward to the credit of such officer or employee, to be later paid

upon termination of employment with the state, or when it should

otherwise be lawfully paid. Whether paid to the State Treasurer to

be carried forward, or paid to the individual officer or employee,

such payment shall be made by the county. It shall be the duty of

the district attorney to prepare and submit to each county concerned

in his district an estimate of needs and budget request for

appropriation of the amount needed to accomplish such payment,

whether same is made to the individual officer or employee, or to

the State Treasurer, and the respective county excise board shall

approve, appropriate and levy for such budget item in the amount

requested. The portion of accrued leave time not exceeding fifteen

(15) days which is assumed by the state shall be carried forward, to

be used or paid thereafter as provided by law.

Oklahoma Statutes - Title 19. Counties and County Officers

D. The entitlement to accrued and unused leave time of each

such officer and employee shall be determined as of January 1, 1983,

by each district attorney for his own respective officers and

employees. On or before January 10, 1983, a certificate of

entitlement of such leave time will be furnished by each district

attorney to the District Attorneys Council, and also to the county

clerk of each county affected thereby, as the former payroll

administrator of such employees. Leave records for all such

officers and employees shall be continuously maintained thereafter

by said Council, upon information furnished monthly by each district

attorney for his own officers and employees. Local records thereof

shall be kept upon each individual officer and employee in each

district attorney office, the local record to be the primary and

controlling record in case of any conflict of information between

the Council and office of the district attorney. Such records shall

be kept in the same manner as for other state offices, or as the

Council may approve and direct.

E. The provisions of this act are based upon the usual

allowance of leave time per year for full-time state officers and

employees as provided for in Section 803 of Title 74 of the Oklahoma

Statutes, as amended, and other related statutory authority

governing the offices and positions in the unclassified service. In

the case of those officers or employees working less than full time,

such provisions and credits shall be apportioned on a pro rata basis

according to the percentage time expended by a part-time officer or

employee as compared to that expended by a full-time officer or

employee.

Added by Laws 1982, c. 340, § 12, emerg. eff. June 2, 1982. Amended

by Laws 1988, c. 109, § 7, eff. Nov. 1, 1988.