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Substitute Senate Bill No. 344

PUBLIC ACT NO. 96-168

AN ACT CONCERNING STATE PERSONNEL PROCEDURES.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. Section 5-196 of the general statutes is repealed and the following is substituted in lieu thereof:

As used in this chapter, unless the context otherwise requires:

[(a)] (1)"Agency" means a department, board, institution or commission established by statute, not a part of any other department, board, institution or commission.

[(b)] (2) "Allocation" means the official assignment of a position in the classified service to the appropriate standard class of the classification plan.

[(c)] (3) "Appointing authority" means a board, commission, officer, commissioner, person or group of persons having the power to make appointments by virtue of a statute or by lawfully delegated authority. (4) "CANDIDATE LIST" MEANS A LIST OF THE NAMES OF PERSONS BASED ON MERIT AS DETERMINED UNDER THE PROVISIONS OF THIS CHAPTER, WHICH PERSONS HAVE BEEN FOUND QUALIFIED THROUGH SUITABLE EXAMINATIONS FOR EMPLOYMENT IN POSITIONS ALLOCATED TO A SPECIFIED CLASS, OCCUPATIONAL GROUP OR CAREER PROGRESSION LEVEL.

[(d)] (5) "Class", "class of positions" or "position classification" means a position or group of positions in the state classified service established under this chapter that share general characteristics and are categorized under a single title for administrative purposes.

[(e)] (6) "Classified service" means every office or position in the state service, whether full-time or part-time, for which compensation is paid, except those offices and positions specified in section 5-198 AS AMENDED BY SECTION 2 OF THIS ACT or otherwise expressly provided by statute.

[(f)] (7) "Compensation" means the salary, wages, benefits and other forms of valuable consideration earned by and provided to an employee in remuneration for services rendered.

[(g)] (8) "Compensation schedule" or "compensation plan" means a list or lists specifying a series of compensation steps and ranges.

[(h)] (9) "Eligible" or "eligible person" means a person whose name is on a candidate list.

[(i)] (10) "Employee" or "state employee" means any person holding a position in state service subject to appointment by an appointing authority.

[(j) "Candidate list" means a list of the names of persons based on merit as determined under the provisions of this chapter and by regulations issued in accordance with this chapter, which persons have been found qualified through suitable examinations for employment in positions allocated to a specified class, occupational group and career progression level.]

[(k)] (11) "Examination" means an assessment device or technique yielding scores OR RATINGS designed to determine the fitness of candidates for [a given class or classes] POSITIONS ALLOCATED TO A SPECIFIED CLASS, OCCUPATIONAL GROUP OR CAREER PROGRESSION LEVEL.

[(l)] (12) "Full-time employee" means an employee holding a position normally requiring thirty-five hours or more of service in each week. (13) "GENERIC JOB CLASS" MEANS A JOB CLASSIFICATION COMPRISED OF POSITIONS COVERING A DIVERSITY OF ASSIGNMENTS WHICH ARE EITHER OCCUPATIONALLY OR FUNCTIONALLY RELATED.

[(m)] (14) "Good standing" means the status of an employee whose employment in the state service has been terminated other than as a result of disciplinary action or during a period when disciplinary action was pending.

[(n)] (15) "Grade" or "pay grade" means a relative level, numerically expressed, to which one or more classes may be assigned according to the degree of their complexity, importance and value, and which refers to a single pay range in the compensation schedule.

[(o)] (16) "Minimum earned rating" means the lowest score OR RATING that entitles a candidate to pass the examination.

[(p)] (17) "Officer" or "state officer" means any person appointed to a state office established by statute, including appointing authorities.

[(q)] (18) "Part-time employee" means an employee holding a position normally requiring less than thirty-five hours of service in each week.

[(r)] (19) "Permanent appointment" means appointment to a position in the classified service following successful completion of the required working test.

[(s)] (20) "Permanent employee" means an employee holding a position in the classified service under a permanent appointment or an employee holding a position in unclassified service who has served in such a position for a period of more than six months, except employees in positions funded in whole or in part by the federal government as part of any public service employment program, on-the-job training program or work experience program.

[(t)] (21) "Permanent position" means any position in the classified service which requires or which is expected to require the services of an incumbent without interruption for a period of more than six months, except positions funded in whole or in part by the federal government as part of any public service employment program, on-the-job training program or work experience program.

[(u)] (22) "Position" means a group of duties and responsibilities currently assigned or designated by competent authority to require the services of one employee.

[(v)] (23) "Public member" means a member of a board or commission who does not hold any office or position in the state service.

[(w)] (24) "Reemployment list" means a list of names of persons arranged in the order prescribed by the provisions of this chapter and by regulations issued in accordance with this chapter, which persons have occupied positions allocated to any class in the classified service, and are no longer in such class and are entitled to have their names certified to appointing authorities when vacancies in such class are to be filled, in preference to those whose names are on the candidate list for such class.

[(x)](25) "State service" means occupancy of any office or position or employment in the service of the state, but not of local governmental subdivisions thereof, for which compensation is paid.

[(y)] (26) "Temporary position" means a position in the state service which is expected to require the services of an incumbent for a period not in excess of six months.

[(z)] (27) "Unclassified service" means any office or position in the state service which is not in the classified service.

[(aa)] (28) "Working test" means a trial working period made a part of the selective process under the provisions of this chapter and by regulations issued in accordance with this chapter, during which the work and conduct of the employee shall be noted by the appointing authority or his authorized agent and reported upon to determine whether such employee merits permanent appointment.

[(bb)] (29) "Veteran", when used in this chapter and in section 5-180, AS AMENDED BY SECTION 23 OF THIS ACT means any person who has been honorably discharged from or released under honorable conditions from active service in the armed forces of the United States and who has performed such service in time of war, as such terms are defined in section 27-103, AS AMENDED except that the final date for service in time of war during World War II shall be December 31, 1947.

[(cc)] (30) "Managerial employee" means any person presently covered by the existing managerial compensation plan [and such other employees whose compensation is covered by the management incentive plan and its compensation schedule] PURSUANT TO SUBSECTION (g) OF SECTION 5-270.

[(dd)] (31) "Senior executive service" means upper level career professional management positions in the executive branch to which state employees with at least five years of classified service may be appointed through objective assessment procedures. The provisions of subsections (a) and (b) of section 5-236 shall not apply to such employees.

[(ee)] (32) "Career progression level" means the following career levels in which each class of positions shall be categorized as determined by the Commissioner of Administrative Services based on general job characteristics and minimum requirements for knowledge, skill and ability, including, but not limited to, education, employment history and special skills: [(1)] (A) Entry, [(2)] (B) working, [(3)] (C) lead, [(4)] (D) supervisor, and [(5)] (E) manager.

[(ff)] (33) "Occupational group" means broad occupational areas in which each class of positions shall be categorized as determined by the Commissioner of Administrative Services.

Sec. 2. Section 5-198 of the general statutes, as amended by section 39 of public act 95-257, is amended by adding subsection (bb) as follows:

(NEW) (bb) Employees in the education professions bargaining unit.

Sec. 3. Section 5-200 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Administrative Services OR HIS AUTHORIZED AGENT shall [examine and pass upon the qualifications of applicants] ADMINISTER CENTRALIZED AND DECENTRALIZED SELECTION PROGRAMS THAT WILL IDENTIFY THOSE APPLICANTS MOST QUALIFIED for appointment to or promotion in the state classified service, and establish candidate and reemployment lists for the various classes of positions within occupational groups and career progression levels. Upon a request from any appointing authority or indication of the need for additional employees, as evidenced by the presence of a temporary or provisional employee or by a request for certification of a temporary employee in any class, the commissioner [, acting through the Personnel Division,] OR HIS DESIGNEE shall certify the names of persons eligible for employment or reemployment. The commissioner shall: (1) Install and administer service-rating systems; (2) devise plans for, and cooperate with, appointing authorities and other supervising officials in the conduct of employee training programs to the end that the quality of service rendered by persons in the classified service may be continually improved; (3) conduct research into methods of selection, service ratings and other problems of personnel administration; (4) arrange for and, in cooperation with appointing authorities, effect transfers; (5) cooperate with appointing authorities in employee recruitment programs; (6) administer annual sick and special leaves of absence and hours of work and attendance in accordance with the provisions of this chapter and any regulations relating thereto; (7) establish personnel standards, governing promotions, classifications, reclassifications and the creation of positions, that will provide guidance to all agencies in matters of personnel management and serve as a means to evaluate agency performance in conducting personnel management; and (8) see that all appointments, promotions, layoffs, demotions, suspensions, removals and retirements are made in accordance with the applicable provisions of the general statutes and regulations issued pursuant thereto. THE COMMISSIONER MAY FULLY OR PARTIALLY DELEGATE THE RESPONSIBILITIES SET FORTH IN THIS SUBSECTION TO THE HEADS OF STATE AGENCIES OR THEIR AUTHORIZED AGENTS, SUBJECT TO AUDIT, IN ORDER TO IMPROVE HUMAN RESOURCE MANAGEMENT.

(b) The commissioner shall review position classifications in accordance with subsection (c) of section 5-206.

(c) The commissioner shall cause to be kept for the classified service suitable records of (1) regulations adopted under this chapter, (2) classifications of positions, occupational groups, career progression levels and schedules of compensation provided for under this chapter, (3) standards for examining qualifications and measuring service, (4) examinations conducted and candidate and reemployment lists established, and (5) provisional and temporary appointments and other official acts.

(d) The commissioner shall prescribe procedures for reports to be submitted to him.

(e) The commissioner shall establish and maintain a complete roster of the employees and officers in the state service, whether under the classified service or not, showing for each such employee the title of the position held, his departmental, agency or institution assignment, rate of compensation, date of appointment and each change in his status, including any increase and decrease in pay, change in title, transfers or other facts which the commissioner considers desirable and pertinent.

(f) The commissioner shall prescribe reasonable conditions and procedures under which the records of the Department of Administrative Services shall be open to public inspection during usual business hours, except as provided in section 5-225 AS AMENDED BY SECTION 11 OF THIS ACT. He shall take all due precautions to prevent the securing in advance by any unauthorized person of any material to be used in any examination under this chapter, unless such material is available for all applicants. Statements of the former employers of applicants shall be considered confidential and shall not be open to inspection by any person.

(g) The commissioner and his agents shall have free access to premises and records under the control of all officers, appointing authorities and other state employees during usual business hours and shall be furnished such facilities, assistance and information as he and his agents require in carrying out their functions. This subsection shall not apply to the medical records of state employees, unless the employee gives his consent or unless the information sought is necessary to assure adjudication of any responsibility on the part of the state or unless medical interpretations of preemployment and other examinations are requested by the commissioner.

(h) (1) The commissioner shall, after completion of all established preliminary procedures necessary to prepare new and revised regulations, print and provide current and complete personnel regulations to all state agencies and to recognized state employee organizations. (2) New and revised regulations prepared as the result of legislative changes or development of new policies shall be processed in accordance with established procedures within a period of time not less than six months from their effective date and distributed in the same manner.

(i) The commissioner may designate any two or more of his staff to serve as a hearing panel with respect to any matter before the commissioner. The commissioner and any hearing panel shall have the power to make investigations, inquiries and hold hearings. Any such panel shall report and may submit recommendations to the commissioner but shall have no other power except as otherwise specified in this chapter.

(j) The commissioner shall issue such regulations as he may find necessary or appropriate for the administration of personnel pursuant to the provisions of this chapter.

(k) The commissioner shall, subject to the approval of the Secretary of the Office of Policy and Management, establish compensation schedules or plans pertaining to all state employees except employees of the Judicial and Legislative Departments and employees whose compensation is prescribed by statute. The commissioner shall prescribe higher compensation for work performed under less desirable conditions or at less desirable hours.

(l) The commissioner shall establish classes of positions, occupational groups and career progression levels for all state employees holding positions in the classified service.

(m) The commissioner shall maintain current compensation schedules pertaining to all employees specified in subsection (k) of this section and a comprehensive plan of position classifications pertaining to all employees specified in subsection (l) of this section.

(n) Any interested employee, his representative or any appointing authority may submit to the commissioner written data, views, arguments or request for a hearing in regard to specified position classifications or allocation of a class of positions to the compensation schedule. Within two months after the commissioner shall have received such data, views or arguments or shall have held any requested hearing, he shall forward to such employee, representative or appointing authority his written decision thereon, together with all written materials submitted to him by the interested employee or his representative and such other information as he considers appropriate.

(o) The commissioner may at any time [, subject to the approval of the Secretary of the Office of Policy and Management,] establish, abolish, divide or combine classes of positions and allocation of classes of positions to the compensation schedule. ANY SUCH ACTION HAVING A FISCAL IMPACT MUST BE APPROVED BY THE SECRETARY OF THE OFFICE OF POLICY AND MANAGEMENT. The commissioner may at any time, subject to the approval of the Secretary of the Office of Policy and Management, amend or repeal any portion of any compensation schedule. The commissioner need not conduct any investigation or hearing prior to any such action.

(p) When such authority is not otherwise conferred by statute, the commissioner may issue orders to provide that (1) executive or judicial branch employees exempt from the classified service or not included in any prevailing bargaining unit contract, except unclassified employees of any board of trustees of the constituent units of higher education, be granted rights and benefits not less than those granted to employees in the classified service or covered under such contracts or, (2) retirement benefits for state employees exempt from the classified service or not included in any prevailing bargaining unit contract and employees of state-aided institutions, as defined in section 5-175, be adjusted to provide retirement benefits for such employees which are the same as those most frequently provided under the terms of approved bargaining unit contracts in effect at the time of such adjustment. When such authority is not otherwise conferred by statute, the board of trustees of any constituent unit of the state system of higher education may issue orders to provide that the unclassified employees of such board be granted rights and benefits not less than those granted to employees of the board who are covered under a prevailing bargaining unit contract. Where there is a conflict between an order granting such rights and benefits and any provision of the general statutes, such order shall prevail. Such orders shall be subject to the approval of the Secretary of the Office of Policy and Management. If the secretary approves such order, and such order is in conflict with any provision of the general statutes, the secretary shall forward a copy of such order to the joint committee of the General Assembly having cognizance of labor matters.

(q) When requested by the appropriate appointing authority, the commissioner shall establish classes of positions for employees holding positions in the unclassified service and shall establish compensation schedules pertaining to employees of the Judicial and Legislative Departments, subject to the approval of the Secretary of the Office of Policy and Management.

(r) The commissioner and any municipality or other political subdivision of the state may enter into an agreement whereby the Department of Administrative Services shall provide such personnel administration services as may be requested by such municipality or political subdivision. Such agreement shall provide for the payment by such municipality or political subdivision, to the commissioner, of expenses incurred in the provision of such personnel services. All payments received by the commissioner pursuant to this section shall be deposited in the General Fund and credited to the appropriations of the Department of Administrative Services in accordance with the provisions of section 4-86.

Sec. 4. Section 5-215a of the general statutes is repealed and the following is substituted in lieu thereof:

When a vacancy in any permanent position in the classified service is to be filled, the appointing authority shall request the Commissioner of Administrative Services to provide a candidate list. The candidate list certified by the commissioner shall contain the final earned rating of each candidate. The appointing authority shall fill the vacant position by selecting any candidate on the candidate list who has received a final earned rating that is in the two highest statistically derived confidence intervals based on actual examination scores when the list is promulgated. If such candidate list contains ten or fewer candidates, the appointing authority may fill the vacant position from among those candidates. If fewer than five names are available in the highest two intervals, additional intervals may be certified to provide a minimum of five candidates.] In the event that fewer than five names are available on the candidate list to fill a position, the Commissioner of Administrative Services may authorize a new examination based on documented need. The appointing authority may fill the position from either the new or original candidate list in accordance with the provisions of this section. [For candidate lists on which candidates are subject to further evaluation under the provisions of section 5-219, all passing candidates may be certified to the appointing authority.]

Sec. 5. Subsection (c) of section 5-216 of the general statutes is repealed and the following is substituted in lieu thereof:

(c) The commissioner may consolidate, continue or cancel candidate lists and may remove names from such lists for good cause. THE COMMISSIONER MAY APPLY AN EXAMINATION SCORE FROM ONE EXAMINATION TO THE CANDIDATE LIST ESTABLISHED FOR ANOTHER EXAMINATION, PROVIDED SUCH EXAMINATIONS ARE THE SAME OR EQUIVALENT FORMS OF THE SAME EXAMINATION, SUCH PROVISION IS PUBLICIZED ON APPROPRIATE EXAMINATION NOTICES AND THE CANDIDATE SATISFIES ALL OTHER STATUTORY REQUIREMENTS.

Sec. 6. Section 5-217 of the general statutes is repealed and the following is substituted in lieu thereof:

The Commissioner of Administrative Services shall specify, at the time any candidate list is promulgated, the period during which such list shall remain in force. In no case shall a candidate list remain in force for a period of less than six months or more than one year, unless the period is extended by the commissioner for a period not to exceed an additional two years EXCEPT FOR CANDIDATE LISTS FOR CONTINUOUS RECRUITMENT EXAMINATIONS, WHICH MAY BE EXTENDED BY THE COMMISSIONER FOR A PERIOD NOT TO EXCEED FIVE YEARS.

Sec. 7. Section 5-218 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The Commissioner of Administrative Services shall prepare lists of preliminary requirements and subjects of examination for [the several] positions in the classified service and [advertise] PUBLICIZE each such examination in such manner as the nature of the examination requires INCLUDING POSTING EXAMINATION NOTICES IN STATE AGENCIES IN LOCATIONS ACCESSIBLE TO STATE EMPLOYEES AT LEAST TWO WEEKS PRIOR TO THE APPLICATION CLOSING DATE. All competitive examinations shall be held at such times and places as, in the judgment of the Commissioner of Administrative Services most nearly meet the convenience of applicants and needs of the service.

(b) The Commissioner of Administrative Services shall give public notice of such examinations for positions in the classified service at least two weeks in advance by posting, or causing to be posted, an appropriate notice on the bulletin board maintained in or near the quarters of the Department of Administrative Services, by advertising such examination once in at least one newspaper published in each congressional district in the state and by submitting the notice to the director of the state employment service. Such notice shall set forth the time, place and general scope of the examination and shall contain appropriate information concerning the duties, work location, conditions, salary and requirements of the positions, and the examination procedures, including one arrangement of the weights to be given for the weighted parts of the examination if applicable, provided once such notice has been given, the weights established in the notice for the weighted parts of the examination shall not be altered in any manner.

Sec. 8. Section 5-219 of the general statutes is repealed and the following is substituted in lieu thereof:

Examinations shall be in such form and of such character and shall relate to such matters as will fairly test and determine the qualifications, fitness and ability of the persons tested to perform the duties of the class or position to which they seek appointment. Examinations shall be formulated in cooperation with agencies appointing specific classes of employees and shall be competitive, free and, except as otherwise expressly provided by statute, open to all persons who may be lawfully appointed to any position in the class for which examinations are held, with such limitations as to age, residence, health, habits, character, sex and qualifications as are considered desirable by the Commissioner of Administrative Services and as are specified in the public announcement of the examination, provided no such limitation shall be made as to age or sex except in the case of a bona fide occupational qualification or need. [In determining the qualifications of persons who will be admitted to an examination, consideration shall be given to any previous volunteer experience which such persons may have.] Formal education requirements may be considered as a condition for the taking of such examinations. Possession of a professional license or degree, or satisfactory completion of an accreditation, certificate or licensure program may serve as the sole basis for appointment, provided such credentials are a mandatory requirement for employment in a [class] POSITION. Examinations may take the form of written or oral tests, demonstration of skill or physical ability, experience and training evaluation, or in the case of promotional examinations, evaluation of prior performance, or any other [examination devices] ASSESSMENT DEVICE OR TECHNIQUE deemed appropriate to measure the knowledge, [skill or ability] SKILLS OR ABILITIES required to SUCCESSFULLY perform the duties of the job. All persons competing for placement on any one candidate list shall be administered the same OR EQUIVALENT FORMS OF THE SAME examination or examination phases, except as necessary to comply with the federal Americans with Disabilities Act, and be required to achieve passing scores on each successive phase and for the examination as a whole in order to remain in competition. The provisions of this section shall be the sole determinant for qualification and no other examination [or device] shall be permitted by any agency head to further qualify persons seeking appointment except as authorized by the commissioner.

Sec. 9. Subsection (b) of section 5-220 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) Notwithstanding any other provision of this chapter to the contrary, the Commissioner of Administrative Services may fully or partially delegate to the heads of state agencies the authority to administer [specified promotional examinations] PROMOTIONAL PROGRAMS for positions in state service subject to post audit by the Department of Administrative Services. The delegation plan shall be approved by said commissioner, shall provide for consideration of all eligible persons and shall include adequate notice of the vacancy or vacancies to all potentially eligible employees, the procedures for application and methods to be used to [determine the rating] EVALUATE THE QUALIFICATIONS of eligible persons.

Sec. 10. Section 5-221a of the general statutes is repealed and the following is substituted in lieu thereof:

Within [seven] TEN days of the receipt by an applicant for employment or an employee in the classified service of a notice of rejection of his application for admission to an examination held for the purpose of establishing a candidate list for any position in the classified service, such applicant or employee may appeal such rejection IN WRITING to the Commissioner of Administrative Services PROVIDING SUPPLEMENTARY INFORMATION ON QUALIFICATIONS AS MAY BE NECESSARY, AND MAY REQUEST A HEARING TO REVIEW SUCH REJECTION. The commissioner shall appoint [a panel consisting of one personnel officer from each of three state agencies, each of which has more than one hundred employees, which panel shall hear and decide upon such applicant's or employee's appeal within sixty days from the date such appeal was received by the commissioner] AN INDEPENDENT HUMAN RESOURCE PROFESSIONAL TO RENDER A FINAL DECISION ON THE APPLICANT'S OR EMPLOYEE'S APPEAL WITHIN THIRTY DAYS THEREAFTER.

Sec. 11. Section 5-225 of the general statutes is repealed and the following is substituted in lieu thereof:

All persons competing in any examination shall be given written notice of their final earned ratings and [, except in the case of an examination administered in accordance with the provisions of subsection (b) of section 5-216, shall be given written notice of their relative standing upon the eligible lists or of their failure to attain the required minimum passing score. The] THE MINIMUM EARNED RATING NECESSARY TO PASS THE EXAMINATION. WITHIN THIRTY DAYS OF RECEIPT OF THE FINAL EARNED RATING, A PERSON MAY INSPECT HIS papers, markings, background profiles and other items used in determining the final earned ratings, other than examination questions and other materials constituting the examination, [shall be open to inspection by the person,] subject to such regulations as may be issued by the Commissioner of Administrative Services. WITHIN THIRTY DAYS OF INSPECTING HIS PAPERS, A PERSON MAY, IN WRITING, APPEAL TO THE COMMISSIONER OF ADMINISTRATIVE SERVICES THE ACCURACY OF HIS FINAL EARNED RATING, AS BASED ON THE ORIGINAL EXAMINATION PAPER OR RESPONSES. THE COMMISSIONER SHALL RENDER A FINAL DECISION ON THE PERSON'S APPEAL WITHIN THIRTY DAYS THEREAFTER AND CORRECT CANDIDATE LISTS AS APPROPRIATE.

Sec. 12. Section 5-227a of the general statutes is repealed and the following is substituted in lieu thereof:

[(a) Each promotion in the classified service to the next higher level within a career series, below the career progression level of lead, shall be made by the reclassification of the position of the employee being promoted,] WHENEVER AN EMPLOYEE'S POSITION IN THE CLASSIFIED SERVICE IS RECLASSIFIED, THE PROMOTION OF THE EMPLOYEE SHALL BE MADE WITHOUT EXAMINATION provided: (1) The employee meets the minimum qualifications established by the Commissioner of Administrative Services for the career progression level of the reclassified position; [(2) the reclassification is made to the next higher position within the career progression level; (3)] (2) the employee has maintained an adequate performance record and has received a satisfactory appraisal on [the employee's] HIS two most recent consecutive performance evaluations; [(4)] (3) the employee has worked at his existing level in his current position for a minimum period of six months; and [(5)] (4) the reclassified position is approved by the commissioner OF ADMINISTRATIVE SERVICES. [The titles of the higher classes in the career series to which such promotions may be made shall be shown on the affected class specification.

(b) No examination for any reclassified position shall be required if the requirements of subdivisions (1) to (5), inclusive, of subsection (a) of this section are met. If the requirements of subdivisions (1) to (5), inclusive, of subsection (a) of this section cannot be met, a vacant reclassified position shall be filled from a candidate list.

(c) Each vacancy in any position in the classified service in the career progression levels of lead or above shall be filled from a candidate list.]

Sec. 13. Section 5-228 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) When a vacancy in any permanent position in the classified service is to be filled, the appointing authority shall notify the Commissioner of Administrative Services of such fact, stating the title of the position to be filled. Vacancies in such positions shall be filled, so far as practicable and for the best interest of the state, by reemployment, as provided in subsection (b) of section 5-241, AS AMENDED BY SECTION 30 OF THIS ACT promotional appointments from within the agency and service-wide promotional appointments or transfers in accordance with regulations issued by the commissioner. The appointing authority, with the approval of the commissioner, shall decide whether a vacancy shall be filled by promotion from within the agency, from a state-wide employment list, transfer or, if such is not practicable, by original appointment.

(b) If a vacancy is to be filled by a promotional appointment from within the agency, the commissioner shall certify to the appointing authority the names of all candidates from the agency in accordance with the provisions of section 5-215a AS AMENDED BY SECTION 4 OF THIS ACT.

(c) If a vacancy is to be filled by promotion from a service-wide candidate list, the commissioner shall certify to the appointing authority the names of all candidates on that candidate list in accordance with the provisions of section 5-215a AS AMENDED BY SECTION 4 OF THIS ACT.

(d) If a vacancy is to be filled by an original appointment, the commissioner shall certify to the appointing authority the names of all candidates on that candidate list in accordance with the provisions of section 5-215a AS AMENDED BY SECTION 4 OF THIS ACT.

[(e) If the candidates eligible for appointment in accordance with the provisions of section 5-215a do not include protected class members, the commissioner, upon written request from the appointing authority, may approve the selection of any protected class members on the candidate list. Such request shall include documentation that the agency (1) has established a goal for the protected class in the occupational category, position or position classification containing such vacancy in its affirmative action plan developed and filed pursuant to section 46a-68 and (2) is unable to meet its goal using the names otherwise provided pursuant to said subsections. A copy of such request shall be furnished to the director of the Commission on Human Rights and Opportunities, who may comment thereon in writing to the Commissioner of Administrative Services and the appointing authority. For purposes of this subsection, "protected class" means those classes of persons specified in and protected by applicable state or federal antidiscrimination laws, subject to the limitations established in section 46a-61.]

[(f)] (e) Appointees to any position in the classified service shall be required to serve the working test period provided for in this chapter. Any promotional appointee from within the agency who is dismissed from the position to which he was promoted during such working test period, or at the conclusion thereof, shall be restored to a position in the same class in which he had been employed prior to his promotion. Any other appointee who was employed in the classified service prior to his appointment and who is dismissed from the position to which he was appointed during such working test period or at the conclusion thereof, shall be restored to a vacancy in the same class, or a vacancy in a comparable class or a vacancy in any other position the employee is qualified to fill, in the agency in which he had been employed prior to his appointment, or shall have his name placed on a reemployment list. No appointing authority who has removed such an employee as provided in this section may exercise such right of removal again with respect to any other employee in the same position within three calendar months after such original removal, except with the consent of the commissioner. No provision of this section shall be construed to prevent any employee in the unclassified service from competing for positions in the classified service if he possesses the minimum qualifications established by the commissioner, except that no such employee shall be eligible to compete in a promotional examination [except in accordance with the federal merit system standards, if the agency is subject to them or, in all other agencies, unless a minimum of four qualified applicants file] UNLESS HE HAS PREVIOUS PERMANENT STATUS IN CLASSIFIED SERVICE. In the certification of names of persons eligible for appointment, sex shall be disregarded except when otherwise provided by statute or upon request of the appointing authority subject to the approval of the commissioner.

[(g) When a vacancy in a managerial position is to be filled from a selection process for a generic job class, the commissioner may certify the highest two intervals, in accordance with the provisions of section 5-215a, of a candidate list which contains the names of candidates who passed the applicable examination and whose background profiles correspond with the requirements of the vacancy. Requests for a candidate list by any state agency must be accompanied by documentation that specific knowledge, skills and abilities are needed for reasons of business necessity and to satisfy essential job requirements. Any person who is ineligible for certification on the basis of a background profile may request an appeal of such eligibility pursuant to the provisions of section 5-225. For purposes of this subsection, "generic job class" means a group of positions within a class, as defined in subsection (d) of section 5-196, covering a diversity of occupationally related assignments.]

Sec. 14. Section 5-234 of the general statutes is repealed and the following is substituted in lieu thereof:

[(a)] The Commissioner of Administrative Services may provide by regulation for the appointment, with or without examination, of qualified persons in a class in which the incumbent serves for not more than three years in the class as part of an established training program. Any person so appointed [from a candidate list following competitive examination for the class] TO A PROFESSIONAL OR PREPROFESSIONAL TRAINING CLASS, may upon successful completion of the required minimum working test period and training program, be [reassigned without further examination] RECLASSIFIED to a position in the next higher level class for which the training program is established [, subject to successful completion of a working test period.] The provisions of this section shall not apply to sections 5-224 and 7-415 concerning the veterans preference.

[(b) The commissioner may provide for the establishment of classes which are preprofessional in nature and are designed as entry classes for the disadvantaged. Appointment of qualified applicants to positions in such classes may be made on the basis of such form of evaluation as the commissioner may require. Incumbents of such positions shall receive appropriate on-the-job training and shall serve in such positions or class of positions for a period of not more than two years, provided, upon recommendations of his appointing authority, an incumbent who has so served may be appointed for not more than one additional year in such position or class of positions.]

Sec. 15. Subsection (a) of section 5-235 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) When a candidate list provided under section 5-215a AS AMENDED BY SECTION 4 OF THIS ACT [contains three or fewer candidates] CONTAINS FEWER THAN FIVE CANDIDATES, in order to facilitate the carrying on of public business or avoid inconvenience to the public, but not otherwise, the Commissioner of Administrative Services may authorize the filling of the position at once by provisional appointment, pending the establishment of a reemployment or candidate list. Any such provisional appointment shall continue only until a reemployment or candidate list for such position is established and, in no case, for a period exceeding a total of six months. No person shall receive more than one provisional appointment or serve more than six months as a provisional appointee in any one fiscal year.

Sec. 16. Subsection (e) of section 5-248 of the general statutes is repealed and the following is substituted in lieu thereof:

(e) [When any employee has resigned in good standing with the consent of the appointing authority under whose jurisdiction he was employed and has withdrawn his resignation within one year, the commissioner of administrative services shall refer the name of such employee to the appointing authority for possible reinstatement to positions in classes in which he has attained permanent status. Such employee may be reinstated at the discretion of the appointing authority.] ANY AGENCY MAY REINSTATE, WITHOUT EXAMINATION, ANY EMPLOYEE WHO HAS RESIGNED IN GOOD STANDING AND HAS WITHDRAWN HIS RESIGNATION WITHIN ONE YEAR TO POSITIONS IN CLASSES IN WHICH HE HAS ATTAINED PERMANENT STATUS. A classified employee with at least five years of state service appointed to an unclassified position may be granted a leave of absence without pay from the classified service for such length of time as he shall hold such appointive position.

Sec. 17. Subsection (a) of section 5-247 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each appointing authority shall grant, on account of illness or injury, to each full-time employee in a permanent position in the state service who has furnished satisfactory proof of such illness or injury, such sick leave with pay as has accrued to his credit at the rate of one and one-quarter working days for each completed calendar month of continuous full-time service which may be computed on an hourly basis. Hourly computation of sick leave shall not diminish benefit entitlement. On or before October 1, 1980, the Commissioner of Administrative Services shall adopt regulations, in accordance with chapter 54, concerning the accrual, prorating and granting of sick leave with pay to other employees in the state service and extending sick leave with pay or with part pay for longer periods to full-time permanent employees disabled through illness or injury. Each such employee who retires under the provisions of chapter 66 shall be compensated, effective as of the date of his retirement, at the rate of one-fourth of such employee's salary for sick leave accrued to his credit as of his last day on the active payroll up to a maximum payment equivalent to sixty [days or four hundred twenty hours'] DAYS' pay. Such payment for accumulated sick leave shall not be included in computing retirement income and shall be charged by the State Comptroller to the department, agency or institution in which the employee worked.

Sec. 18. Section 5-247a of the general statutes is repealed and the following is substituted in lieu thereof:

Any state employee who opted for membership in the teachers' retirement system pursuant to chapter 167a and who retires under the provisions of said chapter shall be compensated, effective as of the date of his date of retirement, at the rate of one-fourth of such employee's salary for sick leave accrued to his credit as of his last day on the active payroll, up to a maximum payment equivalent to sixty [days or four hundred twenty hours'] DAYS' pay. Such payment for accumulated sick leave shall not be included in computing retirement income and shall be charged by the State Comptroller to the department, agency or institution in which the employee worked.

Sec. 19. Subsection (a) of section 5-250 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each appointing authority shall grant to each full-time employee in a permanent position in the state service, who has worked at least one full calendar year, an annual vacation with pay of twenty-one consecutive calendar days or its equivalent. Each such employee who has completed twenty years of service shall be entitled to one day [or seven additional working hours] for each additional year up to twenty-five years of service, and each such employee with twenty-five or more years of service shall be entitled to not more than twenty days [or one hundred forty hours] vacation, subject to regulations issued by the Commissioner of Administrative Services. The Commissioner of Administrative Services may adopt regulations, in accordance with the provisions of chapter 54, concerning the accrual, prorating and granting of vacation leave with pay as required. Computation of such vacation leave may be made on an hourly basis. Hourly computation of vacation leave shall not diminish benefit entitlement.

Sec. 20. (NEW) The Commissioner of Administrative Services may develop and implement guidelines, in cooperation with interested employee organizations, as defined in subsection (d) of section 5-270 of the general statutes, authorizing telecommuting and work-at-home programs for state employees where such arrangements are determined to be cost effective.

Sec. 21. (NEW) Any employee of a state agency may be authorized to participate in a telecommuting or work-at-home assignment with the approval of his appointing authority and with the approval of the Commissioner of Administrative Services. Approval of such assignment may be granted only where it is determined to be cost effective. Any assignment shall be on a temporary basis only, for a period not to exceed six months and may be extended as necessary.

Sec. 22. (NEW) The Commissioner of Administrative Services shall report annually to the joint standing committee of the General Assembly having cognizance of matters relating to labor and public employees as to the extent of use by employees as provided pursuant to sections 20 and 21 of this act.

Sec. 23. Section 5-180 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) The war service before September 1, 1939, of a veteran, as defined in section 27-103 AS AMENDED and [subsection (bb)] SUBDIVISION (29) of section 5-196, AS AMENDED BY SECTION 1 OF THIS ACT shall be counted as state service if the member began to make his retirement contributions before September 1, 1941, and made retirement contributions on all salary received by him from September 1, 1939, until his retirement date.

(b) The war service before September 1, 1939, of a veteran who became a member after September 1, 1939, and the war service or military service during a national emergency declared by the President of the United States on and after September 1, 1939, of a veteran who became a member at any time, shall be counted as state service if the member makes retirement contributions for each month of war service as defined by section 27-103 AS AMENDED and [subsection (bb)] SUBDIVISION (29) of section 5-196 AS AMENDED BY SECTION 1 OF THIS ACT or for each month of such service during a national emergency, as the case may be. Any veteran who becomes a member on or after July 1, 1975, shall not receive credit for such war or military service if such member has received or is entitled to receive any retirement allowance for the same years of such service from the federal government. Any veteran who is a member and who has not made application for such credit prior to July 1, 1975, shall not receive credit for such service if such member has received or is entitled to receive any retirement allowance for the same years of such service from the federal government unless such member makes application for such credit to the Retirement Commission on or before October 1, 1975, and makes retirement contributions for each month of such service in accordance with the provisions of this subsection. The comptroller of the state may notify each employee of this provision on or before September 1, 1975. Such contributions shall equal one-twelfth of four per cent of his first year's salary as a state employee multiplied by the total number of months of such war service or national emergency service and, if such employee became a member after April 1, 1958, shall be accompanied by interest at four per cent per year from the time such war service was rendered or from September 1, 1939, whichever is later, until the date of payment or January 1, 1962, whichever is earlier. Such contributions may be paid by payroll deductions as determined by the Retirement Commission over a period not to exceed thirty-six months, interest thereon to be paid not later than the last day of the month following the payment of the last of such deductions. Service credit for retirement purposes shall not be granted unless payment of contributions and interest is completed. No credit shall be given hereunder for military service during a national emergency to any state employee who has served less than ten years as a permanent full-time state employee, nor for any such military service beyond a total period of his compulsory service, if any, plus three years.

(c) A member who leaves state service for the sole purpose of entering the armed forces of the United States may make his retirement contributions while in the armed forces in the monthly amount he was making immediately before he left state service. Such contributions shall be deducted from any salary payable to the member during his absence. Alternately, if no salary was payable to him, he may make such contributions after his return to state service, with interest thereon at five per cent per year from a date six months after he left the armed forces, provided he shall make application for return to state service within ninety days after he has received a certificate for satisfactory service from the armed forces. No contributions may be made, however, at any time for service in the armed forces beyond a total period of his compulsory service therein, if any, plus three years.

Sec. 24. Subsection (a) of section 5-248a of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Each permanent employee, as defined in [subsection (s)] SUBDIVISION (21) of section 5-196, AS AMENDED BY SECTION 1 OF THIS ACT shall be entitled to the following: (1) A maximum of twenty-four weeks of family leave of absence within any two-year period upon the birth or adoption of a child of such employee, or upon the serious illness of a child, spouse or parent of such employee; and (2) a maximum of twenty-four weeks of medical leave of absence within any two-year period upon the serious illness of such employee. Any such leave of absence shall be without pay. Upon the expiration of any such leave of absence, the employee shall be entitled (A) to return to the employee's original job from which the leave of absence was provided or, if not available, to an equivalent position with equivalent pay, except that in the case of a medical leave, if the employee is medically unable to perform the employee's original job upon the expiration of such leave, the Personnel Division of the Department of Administrative Services shall endeavor to find other suitable work for such employee in state service, and (B) to all accumulated seniority, retirement, fringe benefit and other service credits the employee had at the commencement of such leave. Such service credits shall not accrue during the period of the leave of absence.

Sec. 25. Subsection (d) of section 5-257 of the general statutes is repealed and the following is substituted in lieu thereof:

(d) The insurance of any employee insured under this section shall cease on termination of employment, and of any member of the General Assembly at the end of his term of office, subject to any conversion privilege provided in the group life insurance policy or policies. Notwithstanding anything to the contrary in this section, the amounts of life insurance of insured employees retired in accordance with any retirement plan for state employees shall be as follows: The amount of life insurance of an insured employee retired on or before December 31, 1954, shall be five hundred dollars, the amount of life insurance on an insured employee retired on or after January 1, 1955, but before July 1, 1957, shall be one-half of the amount for which the employee was insured immediately before retirement or two thousand dollars, whichever is less, and the amount of life insurance of an insured employee retired on or after July 1, 1957, but before July 5, 1963, shall be one-half of the amount for which the employee was insured immediately before retirement, provided in no case shall such amount be less than two thousand dollars nor more than three thousand dollars; the amount of life insurance of an insured employee who was retired on or after July 5, 1963, but before July 1, 1967, shall be one-half of the amount of life insurance for which the employee was insured immediately before retirement, provided in no case shall such amount be less than three thousand dollars nor more than five thousand dollars; and the amount of life insurance of an insured employee who is retired on or after July 1, 1967, shall be one-half of the amount of life insurance for which the employee was insured immediately before retirement, provided in no case shall such amount be less than five thousand dollars nor more than seven thousand five hundred dollars; and the amount of life insurance of an insured employee who is retired on or after July 1, 1969, with twenty-five or more years of state service, as defined in [subsection (x)] SUBDIVISION (25) of section 5-196, AS AMENDED BY SECTION 1 OF THIS ACT or a member of the general assembly who is retired on or after July 1, 1988, with twenty-five or more years of service, shall be one-half of the amount of life insurance for which the employee was insured immediately before retirement, provided in no case shall the amount be less than seven thousand five hundred dollars, those with less than twenty-five years of service shall receive the proportionate amount that such years of service is to twenty-five years rounded off to the nearest hundred dollars of coverage, except that the amount of life insurance of an insured employee who is retired on or after July 1, 1982, under the provisions of section 5-173 AS AMENDED shall be one-half of the amount of life insurance for which the employee was insured immediately before retirement, regardless of the number of years of service by such employee. In no case shall a retired employee be required to contribute to the cost of any such reduced insurance. For the purposes of this section, no employee shall be deemed to be retired so long as his employment continues under subsections (b) and (e) of section 5-164.

Sec. 26. Subsection (a) of section 45a-54 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) Any judge or employee who is not yet receiving a retirement allowance may apply to the Retirement Commission for credit for service as a member of the General Assembly and for military service, consisting of war service, as defined in section 27-103 AS AMENDED and [subsection (bb)] SUBDIVISION (29) of section 5-196, AS AMENDED BY SECTION 1 OF THIS ACT and national emergency service as defined by law, provided credit for such military and General Assembly service shall not exceed three years in the aggregate. Any such application for credit for service as a member of the General Assembly must be filed within one year of the date upon which the judge or employee first becomes a member or within one year of October 1, 1986, whichever is later. Any such application for credit for military service must be filed within one year of the date upon which the judge or employee first becomes a member or within one year of October 1, 1994, whichever is later.

Sec. 27. Section 4-61t of the general statutes is repealed and the following is substituted in lieu thereof:

There shall be established a Committee on [Upward] CAREER Mobility, appointed by the Commissioner of Administrative Services and chaired by the Commissioner of Administrative Services or his designee, which shall include a representative of the Office of Policy and Management, a representative of the Department of Administrative Services who is involved in classification activity, a representative of the Commission on Human Rights and Opportunities, a representative of the Permanent Commission on the Status of Women, and [nine] TEN additional persons, two of whom shall be state agency personnel administrators, [three] FOUR of whom shall be labor representatives and four of whom shall be employed in state service and familiar with the problems of [upward] CAREER mobility and affirmative action and the implementation of corrective programs. The committee shall determine how career counseling can be best provided and training opportunities best met and made available within the funds allotted. THE COMMITTEE SHALL ALSO DEVELOP MECHANISMS TO COMMUNICATE INFORMATION ABOUT STATE EMPLOYMENT OPPORTUNITIES TO STATE EMPLOYEES. The committee shall advise the Commissioner of Administrative Services concerning broader usage of classification titles affecting upward mobility and an effective procedure for reporting compliance to the legislature. The committee shall prepare written guidelines for implementation of the [upward] CAREER mobility program described in sections 4-61u AS AMENDED BY SECTION 28 OF THIS ACT and 4-61w AS AMENDED BY SECTION 29 OF THIS ACT and this section. The committee shall meet at least once each quarter and shall submit periodic reports to the Commissioner of Administrative Services.

Sec. 28. Section 4-61u of the general statutes is repealed and the following is substituted in lieu thereof:

Under the supervision of the Commissioner of Administrative Services, all departments and agencies of state government shall establish an effective program of [upward] CAREER mobility as part of their affirmative action program, as required by section 46a-68, AS AMENDED for occupational groups, which shall include, but not be limited to, secretarial, clerical, supervisory clerical, semiskilled, crafts and trades, supervisory crafts and trades, custodial, supervisory custodial and laborers. All departments and agencies of state government shall provide or make provision for, career counseling for such occupational groups. All departments and agencies shall make available to state employees a range of training opportunities. In geographically remote areas, as defined by the committee, where programs are not generally available, departments and agencies shall enter into cooperative arrangements or take other appropriate actions to assure that training opportunities are provided to employees in those areas. All departments and agencies shall, consistent with the requirements of the State Personnel Act, initiate classification requests that would result in the development of career ladders and lattices providing [upward] CAREER mobility within AND BETWEEN occupational groupings, and from subprofessional jobs to professional and managerial jobs. All departments and agencies of state government shall establish as part of their affirmative action plans, specific annual goals and timetables on the number of classes in entry level professional, managerial and administrative positions, which shall include, but are not limited to, law enforcement, field representation, administrative staff, professional, subprofessional or technical jobs that are to be filled through [upward] CAREER mobility.

Sec. 29. Section 4-61w of the general statutes is repealed and the following is substituted in lieu thereof:

In implementing the provisions of sections 4-61t AS AMENDED BY SECTION 27 OF THIS ACT and 4-61u AS AMENDED BY SECTION 28 OF THIS ACT and this section, each department or agency shall insure that the ethnic and sex composition of employees participating in the [upward] CAREER mobility program shall be consistent with the regulations for affirmative action of the Commission on Human Rights and Opportunities.

Sec. 30. Subsection (b) of section 5-241 of the general statutes is repealed and the following is substituted in lieu thereof:

(b) An appointing authority desiring to lay off an employee shall give him not less than two weeks' notice in writing, stating the reason for such action, except that in the case of an employee, as defined in section 5-196, AS AMENDED BY SECTION 1 OF THIS ACT who is not covered by a collective bargaining agreement and who has been in the classified service for (1) at least five but not more than ten years, the appointing authority shall provide at least four weeks' notice, (2) more than ten but not more than fifteen years, the appointing authority shall provide at least six weeks' notice, (3) more than fifteen years, the appointing authority shall provide at least eight weeks' notice. A copy of such notice shall immediately be forwarded to the Commissioner of Administrative Services. The commissioner shall arrange to have the employee transferred to a vacancy in the same or a comparable class or in any other position the employee is qualified to fill in any department, agency or institution. If there is no vacancy available or the employee refuses to accept the transfer, the commissioner shall cause the name of such employee to be placed on the reemployment list for the appropriate class for which he has attained permanent status, or has the ability to qualify, as determined by the commissioner. During the period he is entitled to remain on the reemployment list, such an employee shall be rehired in the classification from which he was laid off or for which he is qualified, as vacancies occur, in the reverse order of layoff. ANY EMPLOYEE WHO IS REHIRED FROM A REEMPLOYMENT LIST SHALL NOT BE REQUIRED TO COMPLETE A NEW WORKING TEST PERIOD, AS DEFINED IN SUBDIVISION (1) OF SECTION 5-196, AS AMENDED BY SECTION 1 OF THIS ACT.

Sec. 31. (NEW) Notwithstanding the provisions of subsection (d) of section 5-272 of the general statutes, the employer, as defined in subsection (a) of section 5-270 of the general statutes, and an employee organization, as defined in subsection (d) of said section 5-270, as the exclusive representative of employees in an appropriate unit, may engage in a pilot program to discuss the state classifications and examination system. Neither party may negotiate pursuant to the provisions of section 5-276a of the general statutes, as amended. Any agreement reached by the parties shall be reduced to writing and submitted to the General Assembly pursuant to the provisions of subsection (b) of section 5-278 of the general statutes.

Sec. 32. Section 5-248 of the general statutes is repealed and the following is substituted in lieu thereof:

(a) An appointing authority may, with the approval of the Commissioner of Administrative Services, grant a leave of absence with full pay, part pay or without pay, subject to the regulations issued by the Commissioner of Administrative Services, to any employee in the classified service, for a period not exceeding one year. Such leave may be extended beyond one year by an appointing authority, provided such action shall be approved by the Commissioner of Administrative Services. In the granting of a leave of absence without pay, the appointing authority shall notify the employee and the Commissioner of Administrative Services whether the position will be held awaiting the employee's return or whether reinstatement will be dependent upon whether or not a suitable vacancy is available. A leave of absence with full or part pay may be granted only for educational purposes in order to enable an employee to study or receive technical training which will increase his proficiency in his position or for such other purpose as may be specified by the Commissioner of Administrative Services to be in the best interests of the state.

(b) Any employee who shall enter the armed forces as specified in section 5-255 shall be entitled to a leave of absence without pay for the time served in such service, plus ninety additional days.

(c) Any full-time permanent employee in the state service who is a member of the armed forces of the state or of any reserve component of the armed forces of the United States and is required to undergo field training therein shall, for the period not exceeding three calendar weeks of such field training, be entitled to a leave of absence with pay, in addition to his annual vacation. Nothing in this section shall be construed to prevent any such employee from attending ordered annual field training while on regularly scheduled vacation if he so desires.

(d) ANY FULL-TIME PERMANENT EMPLOYEE IN THE STATE SERVICE WHO QUALIFIES TO BE A MEMBER OF A TEAM RECOGNIZED BY THE UNITED STATES OLYMPIC COMMITTEE SHALL, UPON WRITTEN APPLICATION AND WITH THE APPROVAL OF HIS APPOINTING AUTHORITY, BE ENTITLED TO A LEAVE OF ABSENCE WITH PAY AND WITH HIS POSITION HELD, FOR A PERIOD NOT EXCEEDING NINETY DAYS AFTER SO QUALIFYING IN ORDER TO COMPETE IN OLYMPIC GAMES SPONSORED BY THE INTERNATIONAL OLYMPIC COMMITTEE.

[(d)] (e) When any employee has been on authorized leave of absence without his position being held and is ready to report for duty when a position is available, the Commissioner of Administrative Services shall refer the name of the employee to an appointing authority for possible reinstatement to a position in a class in which the employee has attained permanent status. The employee may be reinstated at the discretion of the appointing authority, provided no other employee has rights to the position pursuant to subsection (b) of section 5-241.

[(e)] (f) When any employee has resigned in good standing with the consent of the appointing authority under whose jurisdiction he was employed and has withdrawn his resignation within one year, the commissioner of administrative services shall refer the name of such employee to the appointing authority for possible reinstatement to positions in classes in which he has attained permanent status. Such employee may be reinstated at the discretion of the appointing authority. A classified employee with at least five years of state service appointed to an unclassified position may be granted a leave of absence without pay from the classified service for such length of time as he shall hold such appointive position.

Sec. 33. Sections 4a-3 and 5-199 of the general statutes are repealed.

Sec. 34. This act shall take effect from its passage, except that sections 1 to 31, inclusive, and section 33 shall take effect July 1, 1996.

Approved June 4, 1996. Effective as provided in section 34.

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