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STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
SENATE BILL 1337 By: Pugh
AS INTRODUCED
An Act relating to education employees; amending 70
O.S. 2021, Section 6-104.1, as amended by Section 2,
Chapter 291, O.S.L. 2023 (70 O.S. Supp. 2025, Section
6-104.1), which relates to leave without pay for
teachers; providing for paternity leave; updating
statutory references; amending 70 O.S. 2021, Section
6-104.5, as amended by Section 3, Chapter 291, O.S.L.
2023 (70 O.S. Supp. 2025, Section 6-104.5), which
relates to pay deductions for certain leave;
providing for paternity leave; updating statutory
reference; amending 70 O.S. 2021, Section 6-104.6, as
amended by Section 4, Chapter 291, O.S.L. 2023 (70
O.S. Supp. 2025, Section 6-104.6), which relates to
establishment of leave sharing program; providing for
paternity leave; updating statutory references;
amending Section 1, Chapter 291, O.S.L. 2023, as
amended by Section 3, Chapter 57, O.S.L. 2025 (70
O.S. Supp. 2025, Section 6-104.8), which relates to
maternity leave for education employees; providing
for paternity leave; modifying name of revolving
fund; modifying purpose of fund; updating statutory
language; amending Section 7, Chapter 291, O.S.L.
2023 (70 O.S. Supp. 2025, Section 6-104.9), which
relates to the Public School Paid Maternity Leave
Revolving Fund; modifying name of revolving fund;
modifying purpose; updating statutory reference;
amending Section 8, Chapter 291, O.S.L. 2023 (70 O.S.
Supp. 2025, Section 6-104.10), which relates to the
Education Employee Paid Maternity Leave Revolving
Fund; modifying name of revolving fund; modifying
purpose; updating statutory reference; amending 10A
O.S. 2021, Section 2-7-202, as last amended by
Section 5, Chapter 291, O.S.L. 2023 (10A O.S. Supp.
2025, Section 2-7-202), which relates to duties of
the Office of Juvenile Affairs; providing for
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paternity leave; updating statutory language;
updating statutory reference; amending 57 O.S. 2021,
Section 510.6a, as amended by Section 6, Chapter 291,
O.S.L. 2023 (57 O.S. Supp. 2025, Section 510.6a),
which relates to salaries for correctional teachers;
providing for paternity leave; updating statutory
references; updating statutory language; providing an
effective date; and declaring an emergency.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 70 O.S. 2021, Section 6-104.1, as
amended by Section 2, Chapter 291, O.S.L. 2023 (70 O.S. Supp. 2025,
Section 6-104.1), is amended to read as follows:
Section 6-104.1. After exhausting sick leave and extended leave
pursuant to Sections 6-104 and 6-104.5 of this title and maternity
or paternity leave pursuant to Section 1 6-104.8 of this act title,
a full-time teacher who, with the proper approval of the district
board of education, takes not more than ninety (90) school days of
leave without pay to care for the teacher’s child during the first
year of the child’s life, shall receive full credit for the days on
leave without pay as though the teacher had been on leave with pay
for purposes of computing experience for the minimum teacher salary
schedule. A teacher on leave without pay pursuant to this section
who pays the actuarial cost, as determined by the Board of Trustees
of the Teachers’ Retirement System of Oklahoma, shall have the
period during which such leave without pay is taken, counted toward
retirement service credit as though the teacher had been on leave
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with pay. The teacher shall notify his or her employer and the
System in writing within thirty (30) days from the date he or she
returns to service that he or she will pay such actuarial cost. The
teacher shall have up to twelve (12) months from the date he or she
returns to service to pay such actuarial cost.
SECTION 2. AMENDATORY 70 O.S. 2021, Section 6-104.5, as
amended by Section 3, Chapter 291, O.S.L. 2023 (70 O.S. Supp. 2025,
Section 6-104.5), is amended to read as follows:
Section 6-104.5. A. If, after exhausting all sick leave
pursuant to Section 6-104 of this title and maternity or paternity
leave pursuant to Section 1 6-104.8 of this act title, a teacher is
absent from his or her duties due to personal accidental injury,
illness, or pregnancy, the teacher shall receive for a period of not
to exceed twenty (20) days his or her full contract salary less the
amount:
1. Actually paid a certified substitute teacher for his or her
position if a certified substitute teacher is hired; or
2. Normally paid a certified substitute teacher for his or her
position if a certified substitute teacher is not hired.
B. The district’s plan for sick leave benefits may provide that
the teacher is entitled to payment for accrued but unused sick leave
upon termination of employment.
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SECTION 3. AMENDATORY 70 O.S. 2021, Section 6-104.6, as
amended by Section 4, Chapter 291, O.S.L. 2023 (70 O.S. Supp. 2025,
Section 6-104.6), is amended to read as follows:
Section 6-104.6. A. The board of education of each school
district may establish a leave sharing program for all district
employees. The program shall permit district employees to donate
sick leave to a fellow district employee who is pregnant or
recovering from childbirth or who is suffering from or has a
relative or household member suffering from an extraordinary or
severe illness, injury, impairment, or physical or mental condition
which has caused or is likely to cause the employee to take leave
without pay or to terminate employment.
B. As used in this section:
1. “Relative of the employee” means a spouse, child, stepchild,
grandchild, grandparent, stepparent, or parent of the employee;
2. “Household members” means those persons who reside in the
same home, who have reciprocal duties to and do provide financial
support for one another. This term shall include foster children
and legal wards even if they do not live in the household. The term
does not include persons sharing the same general house, when the
living style is primarily that of a dormitory or commune;
3. “Severe” or “extraordinary” means serious, extreme, or life-
threatening including temporary disability resulting from pregnancy,
miscarriage, childbirth, and recovery therefrom; and
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4. “District employee” means a teacher or any full-time
employee of the school district.
C. A district employee may be eligible to receive shared leave
pursuant to the following conditions:
1. The board of education determines that the employee meets
the criteria described in this section; and
2. The employee has abided by district policies regarding the
use of sick leave.
D. A district employee may donate annual leave to another
district employee only pursuant to the following conditions:
1. The receiving employee has exhausted, or will exhaust,
maternity or paternity leave granted pursuant to Section 1 6-104.8
of this act title or sick leave earned pursuant to Section 6-104 of
this title due to pregnancy, miscarriage, childbirth and recovery
therefrom, an illness, injury, impairment, or physical or mental
condition, which is of an extraordinary or severe nature, and
involves the employee, a relative of the employee, or household
member;
2. The condition has caused, or is likely to cause, the
employee to go on leave without pay or to terminate employment;
3. The board of education of the district permits the leave to
be shared with an eligible employee;
4. The amount of leave to be donated is within the limits set
by the board of education of the district; and
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5. District employees may not donate excess sick leave that the
donor would not be able to otherwise take.
E. The board of education of each school district shall
determine the amount of donated leave an employee may receive.
F. The board of education shall require the employee to submit,
prior to approval or disapproval, a medical certificate from a
licensed physician or health care practitioner verifying the severe
or extraordinary nature and expected duration of the condition.
G. Donated sick leave is transferable between employees of
different school districts in the state with the agreement of both
boards of education of each school district.
H. The receiving employee shall be paid the regular rate of pay
of the employee. The sick leave received will be designated as
shared sick leave and be maintained separately from all other sick
leave balances.
I. Any donated sick leave may only be used by the recipient for
the purposes specified in this section.
J. Maternity or paternity leave granted pursuant to Section 1
6-104.8 of this act title and sick leave earned pursuant to Section
6-104 of this title available for use by the recipient shall be used
prior to using shared sick leave.
K. Any shared sick leave not used by the recipient during each
occurrence as determined by the board of education shall be returned
to the donor. The shared sick leave remaining will be divided among
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the donors on a prorated basis based on the original donated value
and returned at its original donor value and reinstated to the
annual leave balance of each donor.
L. All donated sick leave shall be given voluntarily. No
employee shall be coerced, threatened, intimidated, or financially
induced into donating sick leave for purposes of the leave sharing
program.
M. In addition to the sick leave sharing program provided for
in this section, the board of education of each school district may
establish a sick leave sharing bank for all district employees. A
district employee may donate sick leave to a common fund which may
be used by any district employee who is eligible to receive shared
leave as set forth in subsection A of this section. The terms and
conditions for donation and use of sick leave to a leave sharing
bank shall be subject to the provisions of this section, unless
negotiations, entered into pursuant to Section 509.1 et seq. of this
title, between district employees and the school district establish
terms and conditions for a sick leave sharing bank in excess of
those provided for in this section.
SECTION 4. AMENDATORY Section 1, Chapter 291, O.S.L.
2023, as amended by Section 3, Chapter 57, O.S.L. 2025 (70 O.S.
Supp. 2025, Section 6-104.8), is amended to read as follows:
Section 6-104.8. A. 1. Full-time employees of a public school
district in this state who have been employed by the school district
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for at least one (1) year and have worked at least one thousand two
hundred fifty (1,250) hours during the preceding twelve-month
period;
2. Persons employed full time full-time as classroom
instructional employees of technology center school districts
supervised by the State Board of Career and Technology Education who
have been employed by the technology center school district for at
least one (1) year and have worked at least one thousand two hundred
fifty (1,250) hours during the preceding twelve-month period;
3. Persons employed as teachers by the State Department of
Rehabilitation Services who have been employed by the State
Department of Rehabilitation Services for at least one (1) year and
have worked at least one thousand two hundred fifty (1,250) hours
during the preceding twelve-month period;
4. Persons employed full time full-time as correctional
teachers or vocational instructors by the Department of Corrections
pursuant to Section 510.6a of Title 57 of the Oklahoma Statutes who
have been employed by a Department of Corrections facility for at
least one (1) year and have worked at least one thousand two hundred
fifty (1,250) hours during the preceding twelve-month period; and
5. Persons employed full time full-time as teachers by the
Office of Juvenile Affairs who have been employed by an Office of
Juvenile Affairs facility for at least one (1) year and have worked
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at least one thousand two hundred fifty (1,250) hours during the
preceding twelve-month period,
shall be entitled to six (6) weeks of paid maternity or paternity
leave following the birth of the employee’s child. The six (6)
weeks of paid maternity or paternity leave shall be used immediately
following the birth of the school district employee’s child.
B. 1. Paid maternity or paternity leave provided pursuant to
paragraphs 1, 2, and 3 of subsection A of this section shall be in
addition to and not in place of sick leave due to pregnancy, as
authorized by Section 6-104 of this title.
2. Paid maternity or paternity leave provided pursuant to
paragraph 4 of subsection A of this section shall be in addition to
and not in place of sick leave due to pregnancy, as authorized by
Section 510.6a of Title 57 of the Oklahoma Statutes.
3. Paid maternity or paternity leave provided pursuant to
paragraph 5 of subsection A of this section shall be in addition to
and not in place of sick leave due to pregnancy, as authorized by
Section 2-7-202 of Title 10A of the Oklahoma Statutes.
C. 1. Employees described in subsection A of this section
shall have the right to utilize accrued sick leave to extend the
duration of their maternity or paternity leave beyond the six (6)
weeks provided by subsection A of this section. Such sick leave may
be used for recovery from childbirth, bonding with a newborn, or
caring for a newborn, and shall not require additional approval from
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a school district board of education or employer, provided the
employee has sufficient sick leave to cover the extended duration.
Sick leave used pursuant to this subsection shall not exceed six (6)
weeks, unless a licensed medical professional provides written
certification recommending additional leave for medical necessity
related to the employee’s recovery from child birth childbirth, or
for the care of the a newborn, to achieve a combined twelve (12)
weeks of FMLA Family and Medical Leave Act of 1993 (FMLA) leave in
accordance with paragraph 2 of this subsection.
2. An employee seeking to use sick leave to extend the duration
of their maternity or paternity leave shall notify their his or her
employer in accordance with the Family and Medical Leave Act of 1993
(FMLA) FMLA. FMLA leave shall run concurrently with the paid sick
leave extended duration.
D. An employee who takes maternity or paternity leave pursuant
to the provisions of subsection A of this section shall not be
deprived of any compensation or other benefits to which the employee
is otherwise entitled.
E. Each fiscal year, the Legislature shall appropriate adequate
funding to the Public School Paid Maternity and Paternity Leave
Revolving Fund created in Section 6-104.9 of this title for the
purpose of providing paid maternity and paternity leave to eligible
school district employees pursuant to paragraph 1 of subsection A of
this section. If the Legislature does not appropriate adequate
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funding specifically for the purpose of providing paid maternity and
paternity leave to school district employees, the State Board of
Education shall allocate from the funds appropriated to the State
Board of Education for the support of public school activities an
amount to fully fund paid maternity and paternity leave.
F. The State Board of Education, the State Board of Career and
Technology Education, the Commission for Rehabilitation Services,
the State Board of Corrections, and the Board of Juvenile Affairs
may promulgate rules to implement the provisions of this section.
SECTION 5. AMENDATORY Section 7, Chapter 291, O.S.L.
2023 (70 O.S. Supp. 2025, Section 6-104.9), is amended to read as
follows:
Section 6-104.9. A. There is hereby created in the State
Treasury a revolving fund for the State Board of Education to be
designated the “Public School Paid Maternity and Paternity Leave
Revolving Fund”. The fund shall be a continuing fund, not subject
to fiscal year limitations, and shall consist of all monies received
by the State Board of Education from state appropriations provided
for the purposes set forth in Section 6-104.8 of this title. All
monies accruing to the credit of the fund are hereby appropriated
and may be budgeted and expended by the State Board of Education for
the purpose of reimbursing school districts for expenses related to
providing paid maternity and paternity leave as provided for in
subsection B of this section. Expenditures from the fund shall be
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made upon warrants issued by the State Treasurer against claims
filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
B. School districts in this state shall file claims with the
State Board of Education for reimbursement of expenses related to
providing eligible employees with paid maternity or paternity leave
as provided for in Section 1 6-104.8 of this act title.
SECTION 6. AMENDATORY Section 8, Chapter 291, O.S.L.
2023 (70 O.S. Supp. 2025, Section 6-104.10), is amended to read as
follows:
Section 6-104.10. A. There is hereby created in the State
Treasury a revolving fund for the Office of Management and
Enterprise Services to be designated the “Education Employee Paid
Maternity and Paternity Leave Revolving Fund”. The fund shall be a
continuing fund, not subject to fiscal year limitations, and shall
consist of all monies received by the Office of Management and
Enterprise Services from state appropriations provided for the
purposes set forth in Section 6-104.8 of this title. All monies
accruing to the credit of the fund are hereby appropriated and may
be budgeted and expended by the Office of Management and Enterprise
Services for the purpose of reimbursing agencies for expenses
related to providing paid maternity and paternity leave as provided
for in subsection B of this section. Expenditures from the fund
shall be made upon warrants issued by the State Treasurer against
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claims filed as prescribed by law with the Director of the Office of
Management and Enterprise Services for approval and payment.
B. The Oklahoma Department of Career and Technology Education,
the State Department of Rehabilitation Services, the Department of
Corrections, and the Office of Juvenile Affairs shall file claims
with the Director of the Office of Management and Enterprise
Services for reimbursement of expenses related to providing eligible
employees with paid maternity or paternity leave as provided for in
Section 1 6-104.8 of this act title.
SECTION 7. AMENDATORY 10A O.S. 2021, Section 2-7-202, as
last amended by Section 5, Chapter 291, O.S.L. 2023 (10A O.S. Supp.
2025, Section 2-7-202), is amended to read as follows:
Section 2-7-202. A. There is hereby created the Office of
Juvenile Affairs which shall be responsible for programs and
services for youthful offenders and juveniles alleged or adjudicated
to be delinquent or in need of supervision. The Executive Director
shall be responsible for established divisions and appointing
Division Directors division directors within the Office of Juvenile
Affairs.
B. Suitable office space shall be provided by the Office of
Management and Enterprise Services to the Office of Juvenile
Affairs, to the extent necessary for the Office to implement its
jurisdictional duties provided by the Oklahoma Juvenile Code, and
the Office may incur necessary expenses for office rent.
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C. Effective July 1, 1995, the Office of Juvenile Affairs shall
be a Merit System agency and all employees of the Office of Juvenile
Affairs shall be classified employees who are subject to the
Oklahoma Personnel Act and the Merit System of Personnel
Administration, except as otherwise provided by law. Eligible
persons employed as teachers by the Office of Juvenile Affairs shall
be entitled to paid maternity or paternity leave as provided for in
Section 1 6-104.8 of this act Title 70 of the Oklahoma Statutes.
Effective June 1, 2020, employees hired for service at the Southwest
Oklahoma Juvenile Center in Manitou shall be considered unclassified
and employed in a term-limited appointment. If state services
continue at the facility after the designated term, the employee may
be transferred into a non-term-limited position. Current employees
and employees hired prior to June 1, 2020, shall not be subject to
this provision.
D. Effective July 1, 1995, within its jurisdictional areas of
responsibility, the Office of Juvenile Affairs, acting through the
Executive Director, or persons authorized by law, rule, or
designated by the Executive Director to perform such acts, shall
have the power and duty to:
1. Advise, consult, cooperate, and enter into agreements with
agencies of the state, municipalities and counties, other states and
the federal government, and other persons;
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2. Enter into agreements for, accept, administer and use,
disburse and administer grants of money, personnel, and property
from the federal government or any department or agency thereof, or
from any state or state agency, or from any other source, to promote
and carry on in this state any program within its jurisdictional
area of responsibility;
3. Require the establishment and maintenance of records and
reports;
4. Establish a system of training for personnel in order to
assure uniform statewide application of law and rules;
5. Enforce the provisions of the Oklahoma Juvenile Code and
rules promulgated thereunder and orders issued pursuant thereto;
6. Charge and receive fees pursuant to fee schedules
promulgated by the Board of Juvenile Affairs;
7. Conduct studies, research, and planning of programs and
functions, pursuant to the authority granted by the Oklahoma
Juvenile Code;
8. Enter into interagency agreements;
9. Provide administrative and support services to the Board of
Juvenile Affairs as necessary to assist the Board in the performance
of its duties;
10. Establish and maintain such facilities and institutions as
are necessary or convenient for the operation of programs for
children under the jurisdiction of the Office of Juvenile Affairs;
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11. Lease, from time to time, any real property which the Board
of Juvenile Affairs shall determine advisable to more fully carry
into effect the operation of the Office of Juvenile Affairs in
accordance with applicable state statutes. All such leases for real
property shall be subject to the provisions of Section 63 of Title
74 of the Oklahoma Statutes;
12. Purchase or lease any equipment, supplies, or materials
pursuant to the Oklahoma Central Purchasing Act;
13. Contract for professional services;
14. Acquire, construct, extend, and operate any and all
facilities of all kinds which in the judgment of the Executive
Director and the approval of the Legislature shall be necessary or
convenient to carry out the duties of the Office of Juvenile
Affairs, as authorized by law;
15. Establish an employee recruitment and referral incentive
program and promulgate internal agency policy for the operation of
the program, which may include, but shall not be limited to, program
purposes, pay incentives for employees, eligibility requirements,
payment conditions and amounts, payment methods, payment recoupment,
and record keeping recordkeeping; and
16. Exercise all incidental powers which are necessary and
proper to implement and administer the purposes of the Oklahoma
Juvenile Code.
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E. The Office of Juvenile Affairs shall maintain a fair,
simple, and expeditious system for resolution of grievances of all
persons committed to the Office of Juvenile Affairs regarding the
substance or application of any written or unwritten policy, rule of
the Board of Juvenile Affairs or of an agent or contractor of the
Office of Juvenile Affairs or any decision, behavior, or action by
an employee, agent, or contractor or by any other person committed
to the Office of Juvenile Affairs.
F. Effective November 1, 2012, the Office of Juvenile Affairs
shall establish a system of certification in accordance with the
Oklahoma Child Care Facilities Licensing Act for the shelters
managed and operated by the Department of Human Services pursuant to
the requirements of Section 1-9-111 of this title. The Office of
Juvenile Affairs shall certify shelters pursuant to the requirements
of existing rules as established by the Oklahoma Commission on
Children and Youth until such time the Office of Juvenile Affairs
has promulgated rules for the certification of shelters.
SECTION 8. AMENDATORY 57 O.S. 2021, Section 510.6a, as
amended by Section 6, Chapter 291, O.S.L. 2023 (57 O.S. Supp. 2025,
Section 510.6a), is amended to read as follows:
Section 510.6a. A. Persons certified to teach in this state
and meeting all minimum qualifications set by the Office of
Management and Enterprise Services, who are hired or employed as
correctional teachers or vocational instructors by the Department of
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Corrections educational program, shall receive in salary the minimum
amounts specified in Section 1 18-114.15 of Enrolled Senate Bill No.
1119 of the 1st Session of the 59th Oklahoma Legislature Title 70 of
the Oklahoma Statutes multiplied by a factor of 1.20. Correctional
teachers serving as lead workers with supervisory responsibilities
shall receive the minimum amounts specified above multiplied by a
factor of 1.25. Correctional teachers who have a special education
certificate shall receive salary of an additional five percent (5%).
Correctional teachers shall receive the benefits set forth in
Sections 1370 and 1707 of Title 74 of the Oklahoma Statutes;
provided, however, correctional teachers shall not be eligible for
longevity payments pursuant to Section 840-2.18 of Title 74 of the
Oklahoma Statutes. Eligible persons employed as correctional
teachers or vocational instructors by the Department of Corrections
shall be entitled to paid maternity or paternity leave as provided
for in Section 1 6-104.8 of this act Title 70 of the Oklahoma
Statutes.
B. Persons employed by the Department of Corrections school
system as nonteaching administrators shall be in the unclassified
service and shall not be placed under the classified service;
however, any classified employee occupying an administrative
position prior to July 1, 2000, shall retain the right to remain in
the classified service. At such time as such position becomes
vacant, it shall be placed in the unclassified service.
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C. Except as provided by this section of law, the employment of
persons by the Department of Corrections educational program as
teachers or administrators shall be entirely governed by the
provisions of Title 74 of the Oklahoma Statutes and any other laws
or rules regarding state employees and their employment; however, no
Department of Corrections correctional teacher or vocational
instructor, whose salary is calculated in accordance with the
provisions of this section, shall be entitled to receive any pay
increases for state employees authorized elsewhere in statute, rule,
or law. Correctional teachers or vocational instructors shall
receive any legislated pay increases granted in addition to the
Title 70 minimum salary schedule provided for in Title 70 of the
Oklahoma Statutes; provided, such increases are given to all common
education/vocational technical teachers.
D. The salaries for all correctional teachers and vocational
instructors shall be adjusted annually on July 1 unless legislation
authorizes a pay raise for educators with an implementation date
other than July 1, in which case the annual adjustment shall occur
on the date of the pay raise implementation.
E. The monthly salaries of correctional teachers and vocational
instructors employed by the Department of Corrections on the
effective date of this act July 1, 2005, will be adjusted according
to the procedures authorized in subsection A of this section on the
first day of the month following the effective date of this act July
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1, 2005. Longevity payments will be eliminated in the month
following the effective date of this act July 1, 2005, for
correctional teachers and vocational instructors whose salaries are
calculated according to the provisions of this section. The
salaries of the employees governed by this section who are employed
on the effective date of this act July 1, 2005, will be
recalculated. The recalculation will be based on the provisions of
subsection A of this section for actual time employed as a
Department of Corrections correctional teacher or vocational
instructor between July 1, 2004, and the last day of the month in
which this act becomes effective July 2005. Authorized employees
will receive a one-time payment equal to the difference between the
recalculated salary amount and the compensation received.
SECTION 9. This act shall become effective July 1, 2026.
SECTION 10. It being immediately necessary for the preservation
of the public peace, health, or safety, an emergency is hereby
declared to exist, by reason whereof this act shall take effect and
be in full force from and after its passage and approval.
60-2-2251 EB 12/30/2025 9:07:22 AM