§ 24-50-124 — Reduction of employees - definition

Colorado § 24-50-124

• Jurisdiction: Colorado
• Title 24: Government
• Art.: State Personnel System -

Text

(1) (a) When certified
employees who, as of January 1, 2013, are within five years from being eligible for
full retirement pursuant to section 24-51-602 (1)(a) are separated from state
service, they shall be separated or demoted according to procedures established by
rule. Such procedures shall require that consideration be given to performance
evaluations of the employees and seniority within the total state service. Such
employees shall have retention rights throughout the principal department in which
they are employed unless the head of the department requests, and the board
approves, in advance, limitation of retention rights to major divisions, institutions, or
colleges within the principal department.

(b) The state personnel director shall establish procedures, by rule, for the
separation or demotion of any certified employees not covered by paragraph (a) of
this subsection (1) from state service due to lack of work, lack of funds, or
reorganization. Such procedures shall require that consideration be given to
performance evaluations of an employee and seniority within the total state service.

(c) The appointing authorities from all departments shall consider placing a
certified employee who has been identified pursuant to the procedures established
pursuant to paragraph (b) of this subsection (1) as a person to be separated from
state service into a funded, vacant position for which the employee is qualified. The
state personnel director shall establish by rule procedures for such placements.

(d) (I) The state personnel director shall establish by rule a layoff plan that
may be used by a department to provide postemployment compensation or other
benefits for certified employees separated from state service. The plan may
include, but is not limited to, a hiring preference, payment towards the continuation
of health benefits for a specified time after separation, tuition or educational
training vouchers, severance pay, or placement on a departmental reemployment
list.

(II) The postemployment compensation or other benefits may be offered
through a separation agreement.

(III) In no case shall the total value of the postemployment compensation and
other benefits authorized pursuant to this paragraph (d) exceed an amount equal to
one week of an employee's salary for every year of his or her service, up to a
maximum of eighteen weeks of the employee's salary.

(IV) A certified employee is not entitled to receive any postemployment
compensation or other benefits pursuant to this paragraph (d).

(2) A certified employee who is separated from state service shall be placed
on a departmental reemployment list for a period of not less than one year, unless
the employee waives the right to be so placed as part of a separation agreement.

(3) As used in this section, separated from state service means separated
from state service due to lack of work, lack of funds, or reorganization.

Legislative History

Source: L. 72: R&RE, p. 173, � 1. C.R.S. 1963: � 26-1-24. L. 81: Entire section amended, p. 1202, � 20, effective July 1. L. 84: (1) amended, p. 711, � 9, effective July 1. L. 2012: Entire section amended, (HB 12-1321), ch. 260, p. 1351, � 11, effective September 1.