Okla. Stat. tit. 74, § 74-840-2.17v1

A. Unless otherwise provided by the Oklahoma Constitution,

statutory authority to set or fix compensation, pay or salary of

state officers and employees shall not be construed to authorize any

agency, board, commission, department, institution, bureau,

executive officer or other entity of the executive branch of state

government to award, grant, give, authorize, or promise any officer

or employee of the State of Oklahoma a raise that is inconsistent

with the compensation schedules established by the Office of

Management and Enterprise Services for all state officers and

employees in the executive branch pursuant to Section 840-4.6 of

this title, including, but not limited to, a cost-of-living raise or

any other type of raise that would be given to state employees on an

across-the-board basis, except as herein provided. Such raises are

prohibited unless authorized by the Legislature and by rules

promulgated by the Director of the Office of Management and

Enterprise Services. This prohibition applies to all officers and

employees in the executive branch of state government, excluding

institutions under the administrative authority of the Oklahoma

State Regents for Higher Education.

B. However, nothing in this section shall be construed to

prohibit the following actions if the action is made in good faith

and not for the purpose of circumventing subsection A of this

section, and if the appointing authority certifies that the action

can be implemented for the current fiscal year and the subsequent

fiscal year without the need for additional funding to increase the

personal services budget of the agency, and if the Office of

Management and Enterprise Services certifies that the action is

consistent with the compensation schedules established pursuant to

the provisions of Section 840-4.6 of this title:

1. Salary advancements on promotion to a job family level or

class with a higher salary band;

2. Salary adjustments resulting from a pay band change for a

job family level or class adopted by the Office of Management and

Enterprise Services;

3. Increases in longevity payments pursuant to Section 840-2.18

of this title;

4. Payment of overtime, special entrance rates, pay

differentials;

Oklahoma Statutes - Title 74. State Government Page 523

5. Payment of wages, salaries, or rates of pay established and

mandated by law;

6. Market adjustments for job family levels tied to market

competitiveness;

7. Intra-agency lateral transfers, provided that the adjustment

does not exceed five percent (5%) and the adjustment is based on the

needs of the agency;

8. Skill-based adjustments. Such adjustments, which are

implemented before November 1, 2006, other than lump-sum payments,

shall become permanent after twenty-four (24) months from the date

such salary adjustment is implemented and may not later be removed

from an employee's base salary if a furlough or reduction-in-force

is implemented by the appointing authority granting such salary

adjustment. Skill-based pay adjustments, which are implemented on

or after November 1, 2006, and which are paid to an employee, shall

be paid as long as the employee remains employed in the position and

performs the skills for which the differential is due, but shall not

be included as a part of the employee's base salary;

9. Equity-based adjustments;

10. Performance-based adjustments for employees who received at

least a "meets standards" rating on their most current performance

rating;

11. Career progression increases as an employee advances

through job family levels; or

12. Salary adjustments not to exceed five percent (5%) for

probationary employees achieving permanent status following the

initial probationary period and permanent employees successfully

completing trial periods after intra-agency lateral transfer or

promotion to a different job family level or following career

progression to a different job family level.
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through job family levels; or

12. Salary adjustments not to exceed five percent (5%) for

probationary employees achieving permanent status following the

initial probationary period and permanent employees successfully

completing trial periods after intra-agency lateral transfer or

promotion to a different job family level or following career

progression to a different job family level.

C. The pay movement mechanisms described in paragraphs 6

through 11 in subsection B of this section shall be implemented

pursuant to rules promulgated by the Director of the Office of

Management and Enterprise Services.

D. Appointing authorities may implement the pay movement

mechanisms in paragraphs 6 through 12 in subsection B of this

section subject to the availability of funds within the agency's

budget for the current fiscal year and subsequent fiscal year

without the need for additional funding to increase the personal

services budget of the agency. Failure by the appointing authority

to follow the provisions of this subsection may cause the withdrawal

of the use of the pay movement mechanisms provided in paragraphs 6,

7, 9, 10 and 11 of subsection B of this section within the agency

during the next appropriations cycle.

E. The provisions in subsection B of this section shall not

apply to chief executive officers of any agency, board, commission,

Oklahoma Statutes - Title 74. State Government Page 524

department or program except for paragraphs 3 and 5 of subsection B

of this section.

F. The Office of Management and Enterprise Services shall file

a quarterly report with the Offices of the Governor, Speaker of the

Oklahoma House of Representatives, and President Pro Tempore of the

Oklahoma State Senate listing, by agency, all increases in wages,

salaries or rates of pay and any changes to title or classification

of each employee.