REPORT TITLE:
Voluntary Separation


DESCRIPTION:
Provides early retirement and voluntary separation incentive
payments to workforce restructuring alternatives.  (SD2)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        803
THE SENATE                              S.B. NO.           S.D. 2
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO WORKFORCE RESTRUCTURING. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1                   PART I.  FINDINGS AND PURPOSE
 
 2      SECTION 1.  The legislature finds that as the State enters
 
 3 the new millenium, the citizens of Hawaii require, demand, and
 
 4 deserve a government that is responsive, efficient, and flexible
 
 5 in order to address the everchanging needs of a modern society.
 
 6 In order to effectively provide for the requirements of the
 
 7 twenty-first century, state government must reinvent itself and
 
 8 the way it operates so that it will cost less, work better, and
 
 9 get measurable results.  As such, it is the objective of the
 
10 legislature to transform state government into an organization
 
11 that provides:
 
12      (1)  The best value for every taxpayer dollar;
 
13      (2)  The best service for each customer and regulated
 
14           business;
 
15      (3)  The best workplace for its employees; and
 
16      (4)  The best legacy for Hawaii's future.
 
17      In order to accomplish this objective, the legislature
 
18 believes that bold, innovative, and creative approaches must be
 
19 employed to ensure that a successful transformation occurs.
 

 
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 1      Since 1993, the federal government has piloted innovative
 
 2 personnel management practices to reduce the size of its
 
 3 workforce without adversely affecting public services or
 
 4 detrimental economic effects upon public employees.  By providing
 
 5 incentives to employees to volunteer to leave government
 
 6 employment, agencies have minimized or avoided costly and
 
 7 disruptive reductions in workforce actions.
 
 8      In October 1993, the Clinton Administration proposed
 
 9 legislation to provide employee buyout authority to non-defense
 
10 agencies.  This legislation, which became known as the Federal
 
11 Workforce Restructuring Act of 1994 (Public Law 103-226), and the
 
12 payment authority contained in the Omnibus Spending Bill for
 
13 fiscal year 1997 as the Voluntary Separation Incentive Payment
 
14 Authority (Public Law 103-208), provided agencies with a less
 
15 costly and disruptive tool for workforce restructuring.  The laws
 
16 not only allowed for the use of voluntary employee buyouts, but
 
17 incorporated safeguards which ensured that:
 
18      (1)  Buyouts made real and permanent reductions in the size
 
19           of the federal government; and
 
20      (2)  The buyout program not only saved taxpayer dollars, but
 
21           paid for itself without any additional appropriation of
 
22           funds.
 
23      Between March 30, 1994, the date of enactment of the Federal
 

 
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 1 Workforce Restructuring Act of 1994, and March 31, 1997, the date
 
 2 by which all separations were concluded, 39,900 non-defense
 
 3 employees took advantage of the voluntary buyouts, cutting excess
 
 4 layers of management and reducing overall federal employment
 
 5 levels.  By June of 1998, the federal government reported that a
 
 6 total of 160,000 employees had voluntarily separated from
 
 7 service.
 
 8      The United States Government Accounting Office concluded
 
 9 that over a five-year period, employee buyout actions that
 
10 minimize bumping by senior employees generated over $60,000 more
 
11 in net savings per each position vacated compared to reduction in
 
12 workforce actions.
 
13      Because of the success and effectiveness of separation
 
14 incentive programs, other agencies and departments have received
 
15 buyout authority to assist with major restructuring in the
 
16 federal workforce.
 
17      The purpose of this Act is to provide for a planned
 
18 reduction in the size of Hawaii's government and a framework for
 
19 the orderly restructuring of government programs.  This shall be
 
20 accomplished by providing the governor, the chief justice, and
 
21 the president of the University of Hawaii with the authority and
 
22 flexibility to effectuate the necessary restructuring and
 
23 streamlining of government programs, services, and resulting
 

 
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 1 personnel cost reductions under their jurisdictions while
 
 2 concurrently providing affected employees with economic
 
 3 assurances in the near term.  This Act shall be known as the
 
 4 Strategic Workforce Reduction and Government Reorganization Act.
 
 5                PART II.  GOVERNMENT REORGANIZATION
 
 6      SECTION 2.  Phased strategic workforce reduction plan.  (a)
 
 7 Prior to obligating any resources for voluntary separation
 
 8 incentive benefits, the respective director or head of all
 
 9 departments, the judiciary, and the University of Hawaii, shall
 
10 submit to the legislature a strategic workforce reduction and
 
11 reorganization plan outlining the intended use of the incentive
 
12 benefits and a proposed organizational chart for the department,
 
13 the judiciary, or the University of Hawaii once all incentive
 
14 benefits have been conferred and the reorganization of the
 
15 department, the judiciary, or the university has been completed.
 
16 The strategic plan shall include but not be limited to:
 
17      (1)  The positions and functions to be reduced or
 
18           eliminated, identified by organizational unit,
 
19           geographic location, occupational category, and salary
 
20           level;
 
21      (2)  The number and amounts of voluntary separation
 
22           incentive payments to be offered;
 
23      (3)  A description of how the department, the judiciary, or
 

 
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 1           the University of Hawaii will operate without the
 
 2           eliminated positions and functions; and
 
 3      (4)  A review of its mission, programs, and operations for
 
 4           the explicit purpose of restructuring and downsizing
 
 5           the workforce in order to achieve the required
 
 6           reductions in general funding and positions.
 
 7      The strategic plan shall be designed to maximize the
 
 8 continuation of direct services to department, the judiciary, or
 
 9 University of Hawaii clients and the public and to reduce middle
 
10 management and supervisory layers of state government.
 
11 Departments and the University of Hawaii shall use the voluntary
 
12 separation incentives provided in this Act, subject to guidelines
 
13 issued by the departments of budget and finance and human
 
14 resources development, to the maximum extent possible.  The
 
15 judiciary shall use the voluntary separation incentives provided
 
16 in this Act and shall develop its own guidelines.
 
17      (b)  To determine the positions, locations, and
 
18 organizational units to cover, the affected departments, the
 
19 judiciary, and the University of Hawaii shall consider:
 
20      (1)  The overall objective of reducing supervisory layers,
 
21           reducing overhead positions and administrative jobs,
 
22           and other actions to improve productivity;
 
23      (2)  Which positions in a particular organization or
 

 
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 1           occupation are essential to accomplishing the
 
 2           department's, the judiciary's, or the University of
 
 3           Hawaii's mission;
 
 4      (3)  Whether replacing employees in positions in certain
 
 5           geographic and organizational locations would be
 
 6           difficult or costly;
 
 7      (4)  Whether the resulting vacancies would provide an
 
 8           opportunity for placement of other employees in surplus
 
 9           positions;
 
10      (5)  Whether reassigned employees would be capable of
 
11           assuming the duties of vacated positions without
 
12           significant loss of productivity or the need for
 
13           extensive retraining; and
 
14      (6)  Whether the organization can afford the overall loss of
 
15           experience and the resulting adverse effect on mission
 
16           accomplishment that would result from the loss of
 
17           employees in certain occupational series and grade
 
18           levels or organizational/program components.
 
19      (c)  By September 30, 1999, each department shall submit its
 
20 draft strategic plan to the departments of budget and finance and
 
21 human resources development for review.  The judiciary shall
 
22 submit its draft strategic plan to the chief justice for review.
 
23 The University of Hawaii shall submit its draft strategic plan to
 

 
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 1 the president of the University of Hawaii for review.  The
 
 2 president of the University of Hawaii may utilize the services
 
 3 and personnel of the departments of budget and finance and human
 
 4 resources development when reviewing the draft strategic plans
 
 5 under the president's jurisdiction.
 
 6      (d)  By October 31, 1999, each department shall submit its
 
 7 revised draft strategic plans to the governor for final review
 
 8 and approval.  The judiciary shall submit its revised draft
 
 9 strategic plan to the chief justice for final review and
 
10 approval.  The University of Hawaii shall submit its revised
 
11 draft strategic plan to the president of the University of Hawaii
 
12 for final review and approval.  Upon the approval by the
 
13 governor, the chief justice, or the president of the University
 
14 of Hawaii, as applicable, of each agency's plan, the governor,
 
15 the chief justice, or the president of the University of Hawaii,
 
16 as applicable, shall transmit the final strategic plans, draft
 
17 legislation to approve the strategic plans, and draft legislation
 
18 to implement any recommended statutory amendments, to the
 
19 legislature not later than November 30, 1999.  If no legislation
 
20 is required to implement changes recommended in any final
 
21 strategic plan, then the legislature at a minimum, shall solicit
 
22 public input and comment prior to acting on any final strategic
 
23 plan.
 

 
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 1      (e)  Any strategic plan or portion thereof shall be subject
 
 2 to disapproval by the legislature by a majority vote of either
 
 3 the senate or the house of representatives or by majority vote of
 
 4 both in the 2000 regular session.  If no action to disapprove a
 
 5 strategic plan or portion thereof is taken by March 1, 2000, the
 
 6 strategic plan shall be deemed approved.
 
 7      (f)  If the legislature does not disapprove of a
 
 8 department's, the judiciary's, or the University of Hawaii's
 
 9 strategic plan, each department, the judiciary, and the
 
10 University of Hawaii shall begin the implementation of its
 
11 strategic plan within one month after final approval by the
 
12 legislature and may restructure and reorganize programs, redeploy
 
13 employees in accordance with the approved strategic plan, and
 
14 offer the benefits provided by this Act in order to expedite
 
15 downsizing, eliminate redundancies, and streamline operations.
 
16 The voluntary separation incentives for employees who occupy the
 
17 positions identified in a department, the judiciary, or the
 
18 University of Hawaii's strategic plan that are mandated under
 
19 this section shall be initiated by April 1, 2000, and completed
 
20 by June 30, 2000.
 
21      (g)  Each department, the judiciary, and the University of
 
22 Hawaii shall prepare an annual status report on the
 
23 implementation of its strategic plan, the actions taken and to be
 

 
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 1 taken, and shall include in the report the planned savings for
 
 2 each position eliminated, the cost associated with each
 
 3 separation, and any vacation payouts and traditional severance
 
 4 benefits conferred, until the reorganization required under the
 
 5 strategic plan has been completed.  If any other costs are
 
 6 associated with the implementation of the strategic plan,
 
 7 information on these costs shall also be included.
 
 8      (h)  Departments and the University of Hawaii shall retain,
 
 9 to the extent practicable, positions providing direct services in
 
10 adult corrections officer positions, or shortage category
 
11 positions in the department of public safety so as to not disrupt
 
12 necessary or mandated public health and safety services.
 
13        PART III.  VOLUNTARY SEPARATION INCENTIVE PROGRAMS
 
14      SECTION 3.  Transitional severance benefits.  (a)  A
 
15 permanent full-time employee whose position is specifically
 
16 eliminated or eliminated as a result of any restructuring plan
 
17 proposed by a department, the judiciary, or the University of
 
18 Hawaii in compliance with section 2 of this Act and not
 
19 disapproved by the 2000 legislature, shall be offered the
 
20 opportunity to receive transitional severance benefits in lieu of
 
21 any rights to which the employee may be entitled under reduction
 
22 in workforce policies, collective bargaining agreements, rules
 
23 and procedures, placement and bumping under collective bargaining
 

 
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 1 agreements, or special retirement incentives offered under
 
 2 section 4 of this Act.  Transitional severance benefits shall be
 
 3 equivalent to:
 
 4      (1)  Twelve weeks of salary if the employee has less than
 
 5           three years of service; and
 
 6      (2)  Twelve weeks plus one additional week of salary for
 
 7           each full year of service over three years if the
 
 8           employee has at three years or more of consecutive
 
 9           service; provided that the transitional severance
 
10           benefit shall not exceed a maximum of twenty-one weeks
 
11           of salary or a maximum of $25,000, whichever is less.
 
12 The computation of years of service shall not include any annual
 
13 or sick leave accumulated.
 
14      (b)  Transitional severance benefits shall be computed and
 
15 paid for by the terminating employee's department, the judiciary,
 
16 or the University of Hawaii, as applicable.  The terminating
 
17 department, the judiciary, or the University of Hawaii, as
 
18 applicable, shall reduce its general funded personnel count by
 
19 one full-time equivalent per each transitional severance benefit
 
20 conferred, except as otherwise provided in section 4 of this Act.
 
21      (c)  Transitional severance benefits shall be in addition to
 
22 any payment owing to the employee for accumulated unused vacation
 
23 allowances under section 79-7, Hawaii Revised Statutes.  The
 

 
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 1 right of any employee who receives a transitional severance
 
 2 benefit to also receive unemployment compensation shall not be
 
 3 denied, abridged, or modified in any way due to receipt of the
 
 4 transitional severance benefit.  Transitional severance benefits
 
 5 shall be computed as of the employee's last day of service and
 
 6 paid upon the employee's termination.
 
 7      (d)  All transitional severance benefits payable pursuant to
 
 8 this section shall be subject to applicable state laws and rules.
 
 9      (e)  No transitional severance benefits shall be payable to
 
10 a state employee terminated for disciplinary reasons or reasons
 
11 other than a reduction in state government workforce.
 
12      (f)  Transitional severance benefits provided under this Act
 
13 shall not be considered as a part of a terminated employee's
 
14 salary, service credit, or a collectively bargainable cost item
 
15 when calculating retirement benefits, or sick or vacation leave.
 
16      (g)  No employee who has received transitional severance
 
17 benefits provided by this Act shall be reemployed by the State
 
18 within five years of receiving the transitional severance
 
19 benefits unless the gross amount of the transitional severance
 
20 benefit is returned by the employee to the general fund prior to
 
21 the commencement of reemployment.  Exceptions for the temporary
 
22 hire of former employees without repayment of the transitional
 
23 severance benefit may be made on a case-by-case basis with the
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1 prior approval of the governor, the chief justice, or the
 
 2 president of the University of Hawaii, as applicable, for undue
 
 3 economic hardship reasons only.
 
 4      (h)  No employee in a position deemed by a department or
 
 5 agency head to be essential under section 2(b)(2) shall
 
 6 participate in the transitional severance benefits program
 
 7 provided under this section unless the employee agrees to the
 
 8 terms set forth in section 6.
 
 9      (i)  All positions held by employees who are provided
 
10 transitional severance benefits shall be abolished upon the
 
11 termination of the employee and all funds allocated for the
 
12 salary of the position shall be returned to the general fund or
 
13 the special fund from which the position is funded, as
 
14 applicable, after the deduction of amounts sufficient to cover
 
15 the transitional severance benefits and the accumulated vacation
 
16 leave of the employee who occupied the position.
 
17      SECTION 4.  Retirement program.  (a)  An employee whose
 
18 position is specifically eliminated or eliminated as a result of
 
19 any restructuring plan proposed by a department, the judiciary,
 
20 or the University of Hawaii in compliance with section 2 of this
 
21 Act and not disapproved by the 2000 legislature, if the employee
 
22 is a vested member of the employees retirement system and meets
 
23 any of the criteria specified in subsection (e), may elect the
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1 special retirement benefits provided by this section in lieu of
 
 2 exercising any rights to which they may be entitled under
 
 3 reduction in workforce policies, collective bargaining
 
 4 agreements, rules and procedures, placement and bumping under
 
 5 collective bargaining agreements, or receiving the transitional
 
 6 severance pay benefits provided in section 3 of this Act.  To
 
 7 receive the special retirement benefits offered under this
 
 8 section, the employee must comply with the notice and effective
 
 9 date requirements specified in subsections (b) and (c).
 
10      (b)  All employees whose positions are eliminated by section
 
11 2 of this Act who elect to retire and receive the benefits of
 
12 this Act shall notify their employing departments, the judiciary,
 
13 or the University of Hawaii, as applicable, by May 1, 2000, and
 
14 file formal applications for retirement that will commence not
 
15 less than thirty days nor more than ninety days prior to the date
 
16 of retirement.
 
17      (c)  All employees whose positions are eliminated pursuant
 
18 to section 2 of this Act and who elect to retire pursuant to this
 
19 Act, except those in bargaining units 5 and 7, shall retire on or
 
20 prior to December 31, 2000.  Employees whose positions are
 
21 eliminated by a department or the University of Hawaii's
 
22 compliance with section 2 of this Act, and those employees who
 
23 are in bargaining units 5 and 7, shall have until June 30, 2001,
 

 
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 1 to retire.
 
 2      (d)  A one-time early retirement service credit of two
 
 3 additional years under chapter 88, Hawaii Revised Statutes, shall
 
 4 be provided to affected employees whose positions are
 
 5 specifically eliminated or eliminated as a result of a
 
 6 department, the judiciary, or the University of Hawaii's
 
 7 compliance with section 2 of this Act.
 
 8      (e)  Notwithstanding the age and length of service
 
 9 requirements of section 88-73, Hawaii Revised Statutes, a member
 
10 shall qualify under subsection (d), exclusive of the bonus
 
11 provided in subsection (d), under one of the following:
 
12      (1)  The member is at least fifty years of age and has at
 
13           least ten years of credited service as a contributory
 
14           class A or B member as of December 31, 1999;
 
15      (2)  Irrespective of age, the member has at least twenty
 
16           years of credited service as a contributory class A or
 
17           B member as of December 31, 1999;
 
18      (3)  The member is at least fifty-seven years of age and has
 
19           at least ten years of credited service as a
 
20           noncontributory class C member as of December 31, 1999;
 
21      (4)  Irrespective of age, the member has at least
 
22           twenty-five years of credited service as a
 
23           noncontributory class C member as of December 31, 1999.
 

 
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 1      (f)  The additional service credit shall not increase the
 
 2 amount of total credited service or retirement allowance of the
 
 3 member beyond any maximum limitation on service credit or
 
 4 retirement allowance established by chapter 88, Hawaii Revised
 
 5 Statutes.
 
 6      (g)  The member shall forfeit the additional service credit
 
 7 and any other benefit provided by chapter 88, Hawaii Revised
 
 8 Statutes, that was based on the early retirement bonus upon
 
 9 subsequent reentry into the employees retirement system.
 
10      (h)  The heads of the affected department, the judiciary,
 
11 and the University of Hawaii shall transmit a list to the board
 
12 of trustees of the employees retirement system by June 1, 2000,
 
13 of participants whose positions are eliminated by section 2 of
 
14 this Act.  Agencies that employ members of units 5 or 7 who wish
 
15 to participate in the retirement program provided under this
 
16 section shall transmit a list of participants to the board of
 
17 trustees of the employees retirement system by September 30,
 
18 2000, for participants whose positions are eliminated by section
 
19 2 of this Act.
 
20      (i)  No employee who is eligible to retire without penalty
 
21 or eligible to retire pursuant to this section shall be eligible
 
22 for the transitional severance benefits offered under section 3
 
23 of this Act.
 

 
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 1      (j)  Any employee who exercises the option of early
 
 2 retirement pursuant to this section but who does not qualify with
 
 3 respect to the age and length of service requirements under
 
 4 section 88-73, Hawaii Revised Statutes, to receive a retirement
 
 5 benefit without penalty, shall not have their retirement benefit
 
 6 reduced in accordance with the actuarial formula normally used by
 
 7 the employees retirement system for the calculation of early
 
 8 retirement benefits.
 
 9      (k)  No employee in a position deemed by a department or
 
10 agency head to be essential under section 2(b)(2) shall
 
11 participate in the early retirement program provided under this
 
12 section unless the employee agrees to the terms set forth in
 
13 section 6.
 
14      (l)  All positions affected by the retirement of an employee
 
15 pursuant to this section shall be abolished.  All amounts
 
16 allocated for positions vacated and abolished pursuant to this
 
17 section shall be returned to the general fund or to the special
 
18 fund from which the employee's position is funded, as applicable,
 
19 upon the retirement of the employee and after the deduction of
 
20 amounts sufficient to cover the department, the judiciary, or the
 
21 University of Hawaii's costs associated with the retiring
 
22 employee's special retirement benefits and accumulated vacation
 
23 leave.  Each department affected by the special retirement
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1 program authorized by this section, the judiciary, and the
 
 2 University of Hawaii shall reduce its general funded personnel
 
 3 count by one full-time equivalent per each special retirement
 
 4 benefit conferred.  Each department and the University of Hawaii
 
 5 shall forward a report on the positions affected to the directors
 
 6 of finance and human resources development.  The director of
 
 7 finance shall report this information to the legislature no later
 
 8 than twenty days prior to the convening of the regular session of
 
 9 2001.  The administrative director of the judiciary shall forward
 
10 a report on the positions affected to the legislature no later
 
11 than twenty days prior to the convening of the regular session of
 
12 2001.
 
13                PART IV.  MISCELLANEOUS PROVISIONS
 
14      SECTION 5.  The board of trustees of the employees
 
15 retirement system shall make payments with respect to all
 
16 eligible employees who retire pursuant to section 4 of this Act.
 
17      The board shall determine the amount equal to the actuarial
 
18 present value of the difference between allowances members
 
19 receive after the receipt of service credit under section 4 of
 
20 this Act and the allowances members would have received without
 
21 two years of additional service credit.  The board shall also
 
22 determine the portion of the additional actuarial present value
 
23 of benefits to be charged to the State and to each county, if
 

 
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                                     S.B. NO.           S.D. 2
                                                        
                                                        

 
 1 applicable, based on retirements during the early retirement
 
 2 incentive bonus period.  The State and each participating county,
 
 3 if applicable, shall make additional payments to the employees
 
 4 retirement system in the amounts required to liquidate the
 
 5 additional actuarial present value of benefits over a period of
 
 6 five years beginning January 1, 2001.
 
 7      SECTION 6.  (a)  Notwithstanding sections 3(i) and 4(l) of
 
 8 this Act, a position shall not be abolished if the respective
 
 9 head of each department or agency affected by this Act:
 
10      (1)  Establishes a mentoring agreement with employees who
 
11           would otherwise qualify for retirement or transitional
 
12           severance benefits under this Act; and
 
13      (2)  Deems that the employee's retention is essential as
 
14           determined under section 2(b)(2) to ensure that direct
 
15           services to the public are not adversely affected.
 
16      The employee shall agree to train a replacement within six
 
17 months prior to the employee's voluntary separation under section
 
18 3 or 4 of this Act.  The training provided shall not be subject
 
19 to any collective bargaining agreement and shall be conducted
 
20 without any additional compensation or consideration for either
 
21 the trainer or the trainee.  Upon the completion of the training
 
22 of the replacement employee, the employee requesting voluntary
 
23 separation shall be allowed to participate in the voluntary
 

 
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 1 separation programs provided in sections 3 and 4, as appropriate.
 
 2      (b)  For essential employees who agree to the terms set
 
 3 forth in this section, the implementation deadline contained in
 
 4 section 2(f) and the notification and retirement deadlines
 
 5 contained in section 4(b) and (c), may be extended to accommodate
 
 6 for the training of replacement employees pursuant to this
 
 7 section; provided that any extension granted under this
 
 8 subsection shall be granted only for the purposes of training
 
 9 replacement employees and in no case shall exceed six months from
 
10 the dates set forth in sections 2(f) and 4(b) and (c),
 
11 respectively.
 
12      SECTION 7.  (a)  The department of human resources
 
13 development and the judiciary, in cooperation with the employees
 
14 retirement system, shall provide briefings prior to the
 
15 implementation of any strategic workforce reduction plan to
 
16 educate the employees whose positions have been eliminated
 
17 pursuant to section 2 of this Act.
 
18      (b)  The department of human resources development shall
 
19 develop and coordinate a career transition program that shall
 
20 include but not be limited to vocational training, financial and
 
21 career planning, and career options for employees who may be
 
22 affected by this Act.
 
23      SECTION 8.  The mayor of a county with the approval of the
 

 
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 1 county council, may exercise discretion with respect to
 
 2 participation in the retirement program set forth in section 4 of
 
 3 this Act if a voluntary separation program is initiated in that
 
 4 county; provided that a list of special retirement participants
 
 5 shall be transmitted to the board of trustees of the employees
 
 6 retirement system by May 1, 2000.  Each participating county
 
 7 shall be charged its portion of additional actuarial present
 
 8 value of benefits as determined by the board.
 
 9      SECTION 9.  If any provision of this Act, or the application
 
10 thereof to any person or circumstance is held invalid, the
 
11 invalidity does not affect other provisions or applications of
 
12 the Act which can be given effect without the invalid provision
 
13 or application, and to this end the provisions of this Act are
 
14 severable.
 
15      SECTION 10.  This Act shall take effect upon its approval.