Title 40, Title 40 — Labor

REQUISITIONS FROM UNEMPLOYMENT TRUST ACCOUNT. Moneys requisitioned from this state's account in the unemployment trust fund shall be used exclusively for the payment of benefits. The Commission shall, from time to time, requisition from the unemployment trust fund such amounts, n…

requirements. EXPENDITURES NOT SUBJECT TO SPECIFIC APPROPRIATION REQUIREMENTS. (1) Expenditures of such moneys in the benefit account and refunds from the clearing account shall not be subject to any provisions of law requiring specific appropriations or other formal release by s…

DISCONTINUANCE OF UNEMPLOYMENT TRUST FUND. The provisions of this part to the extent that they relate to the unemployment trust fund in the Treasury of the United States, shall be operative only so long as such unemployment trust fund continues to exist and so long as the Secreta…

MANAGEMENT OF FUNDS OF UNEMPLOYMENT TRUST FUND. If and when the unemployment trust fund in the Treasury of the United States, ceases to exist, or such separate book account of the unemployment trust fund is no longer maintained, all moneys belonging to the unemployment compensati…

APPLICABILITY. The provisions of this part shall apply to the financing of benefits to employees of the state and political subdivisions thereof and their instrumentalities. Added by Laws 1980, c. 323, § 3-701, eff. July 1, 1980.

in lieu of contributions. PAYMENTS BY THE STATE SUBDIVISIONS AND INSTRUMENTALITIES IN LIEU OF CONTRIBUTIONS. In lieu of contributions required of employers under the Employment Security Act of 1980, as provided by this act, the State of Oklahoma and its instrumentalities shall pa…

security fund. BENEFITS AND EXTENDED BENEFITS PAID FROM UNEMPLOYMENT SECURITY FUND. All regular benefits and extended benefits, as defined by this act, paid to individuals who were employees of the state and political subdivisions and their instrumentalities and which were based …

employers. BENEFITS BASED ON WAGES PAID BOTH BY THE STATE AND OTHER EMPLOYERS. If benefits paid an individual are based on wages paid by both the state and one or more other employers subject to this act, the amount to be included as state benefit payments shall bear the same rat…

ELECTION TO BECOME LIABLE FOR REIMBURSEMENT PAYMENTS. (1) Any governmental organization, as described in Section 1-208(7) and (8) including their instrumentalities, which is or becomes subject to this act after December 31, 1977, may elect to become liable for reimbursement payme…

experience factor. BENEFITS THAT DO NOT APPLY IN THE COMPUTATION OF STATE EXPERIENCE FACTOR. Benefits paid to former employees of governmental entities, except for benefits paid to such employees based upon wages paid by other than governmental entities, shall not be considered a…

STATE PLEDGE. The State of Oklahoma recognizes its obligation under this act and hereby pledges the faith of the state that funds which are to be dispersed by the state to any organization, instrumentality of the state or its political subdivisions will be available to insure pay…

DELINQUENT PAYMENTS. If the Commission finds that any organization, instrumentality of the state or its political subdivisions, including public trusts, has become delinquent with payments required under the act and following the Commission's written request for such payment, has…

APPLICABILITY. Benefits paid to employees of nonprofit organizations shall be financed in accordance with the provisions of this part. For the purpose of this part, a nonprofit organization is an organization or group of organizations defined in paragraph (4) of Section 1-210 of …

CONTRIBUTIONS. Any such nonprofit organization which is, or becomes, subject to this act, on or after January 1, 1972, shall report and pay contributions to the Commission in the same time, manner and amounts as required of nongovernmental employers for profit subject to this act…

ELECTION TO MAKE PAYMENTS IN LIEU OF CONTRIBUTIONS. A nonprofit organization may elect, in accordance with this section, in lieu of contributions, to pay to the Commission for the unemployment compensation fund an amount equal to the amount of regular benefits and of one-half (1/…

January 1, 1972. PERIOD OF ELECTION - ORGANIZATIONS SUBJECT TO ACT AFTER JANUARY 1, 1972. Any nonprofit organization which becomes subject to this act on or after January 1, 1972, may elect to become liable for payments in lieu of contributions for a period of not less than the r…

WRITTEN NOTICE OF TERMINATION OF ELECTION REQUIRED. Any nonprofit organization which makes an election in accordance with Section 3-804 of this act will continue to be liable for payments in lieu of contributions until it files with the Commission a written notice terminating its…

PAYMENT OF IN-LIEU CONTRIBUTIONS. A. At the end of each calendar quarter the Oklahoma Employment Security Commission shall notify in writing each nonprofit organization, or the agent of a group of nonprofit organizations, which has elected to make payments in lieu of contribution…

wages paid by more than one employer. PAYMENT OF IN-LIEU CONTRIBUTIONS - BENEFITS BASED ON WAGES PAID BY MORE THAN ONE EMPLOYER. (1) Each employer that is liable for payments in lieu of contributions shall pay to the Commission for the fund the amount of regular benefits plus the…

ELECTION TO BECOME REIMBURSING EMPLOYER. Any nonprofit organization which had been liable for paying contributions for a period subsequent to January 1, 1972, may change to a reimbursable basis by filing with the Commission not later than the last day of January immediately follo…

COMMISSION TO PROVIDE NOTICE OF DETERMINATIONS. The Commission, in accordance with such rules as it may prescribe, shall notify each nonprofit organization, or group of organizations, of any determination which it may make of its status as an employer and of the effective date of…

A. This act shall be known and may be cited as the "Oklahoma Employment First Act". B. All state agencies shall coordinate efforts and shall collaborate within and among such agencies to ensure that state programs, policies, procedures and funding support competitive integrated e…

Disabilities Task Force — Members — Responsibilities — Report. A. There is hereby created until November 1, 2027, the Rethinking Paying Subminimal Wage to Persons with Disabilities Task Force. B. The Task Force shall study and develop a plan to phase out the practice of paying wo…

APPLICABILITY. This part shall apply to the Oklahoma Employment Security Commission. Added by Laws 1980, c. 323, § 4-101, emerg. eff. June 13, 1980.

COMPOSITION. There is hereby created a Commission to be known as the Oklahoma Employment Security Commission. The Commission shall consist of five (5) members, appointed by the Governor, by and with the consent of the Oklahoma State Senate, two of whom shall represent employers, …

QUALIFICATIONS. Each member of such Commission shall be a citizen of the United States, and at the time of appointment shall be, and for more than five (5) years shall have been, a bona fide resident and qualified voter of the State of Oklahoma, and shall be not less than thirty …

TERM OF OFFICE. Each member shall hold office for a term of six (6) years, except that (1) any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term; and (2) the t…

REMOVAL BY THE GOVERNOR. The Governor may, at any time, after notice and hearing, remove any Commissioner for cause, and such Commissioner sought to be thus removed shall, if he so desires, be given a copy of the charges brought against him, and be given an opportunity of being p…

In addition to reimbursement for travel expenses pursuant to the State Travel Reimbursement Act, Section 500.1 et seq. of Title 74 of the Oklahoma Statutes, each Commissioner shall receive Fifty Dollars ($50.00) for each Commission meeting attended, not to exceed Six Hundred Doll…

QUORUM. Any three Commissioners shall constitute a quorum. No vacancy shall impair the right of the remaining Commissioners to exercise all of the powers of the Commission. Added by Laws 1980, c. 323, § 4-107, emerg. eff. June 13, 1980.

EXECUTIVE DIRECTOR. The chief executive officer of the Commission shall be the Executive Director who shall be appointed by and serve at the pleasure of the Commission. The Executive Director shall have such compensation and further duties as the Commission may establish. The Exe…

SERVICE OF PROCESS. If the Oklahoma Employment Security Commission is sued, or if its officers or employees are sued in their official capacities, the service of all legal process pursuant to Section 2004 of Title 12 of the Oklahoma Statutes and of all extrajudicial notices which…

APPLICABILITY. This part shall apply to the creation, appointment, salary and qualifications of the Board of Review. Added by Laws 1980, c. 323, § 4-201, emerg. eff. June 13, 1980.

CREATION. There shall be created at such time as is necessary for the proper administration of this act a Board of Review, consisting of three members appointed by the Governor for terms of six (6) years, except that the terms of the members first taking office shall be two (2), …

SALARY. Each member of the Board of Review shall be paid from the Employment Security Administration Fund a salary of Thirty Thousand Dollars ($30,000.00) per annum, payable biweekly, plus actual and necessary traveling expenses incurred in the performance of his or her duties as…

organization. NO MEMBER TO SERVE AS AN OFFICER IN A POLITICAL ORGANIZATION. No member of the Board of Review shall serve as an officer or committee member of any political party organization during his term of office. Added by Laws 1980, c. 323, § 4-204, emerg. eff. June 13, 1980…

TEMPORARY MEMBERS. In the event of the disqualification of one member of the Board of Review from the hearing and determination of a claim for benefits, the Governor shall designate a fourth, temporary member to serve as an alternative member. In the event of the disqualification…

APPLICABILITY. This part shall apply to the powers and duties of the Commission. Added by Laws 1980, c. 323, § 4-301, emerg. eff. June 13, 1980.

COMMISSION SHALL PUBLISH RULES AND OTHER MATERIAL. It shall be the duty of the Commission to administer this act; and it shall have the power and authority to adopt, amend, or rescind such rules, to employ such persons, make such expenditures, require such reports, make such inve…

procedure. COMMISSION TO DETERMINE ITS OWN ORGANIZATION AND PROCEDURE. The Commission shall determine its own organization and methods of procedure in accordance with the provisions of this act. Added by Laws 1980, c. 323, § 4-304, emerg. eff. June 13, 1980.

OFFICIAL SEAL. The Commission shall have an official seal which shall be judicially noticed. Added by Laws 1980, c. 323, § 4-305, emerg. eff. June 13, 1980.

REPORT TO GOVERNOR. Not later than the fifteenth day of February of each year, the Commission shall submit to the Governor a report covering the administration and operation of this act during the preceding calendar year and shall make such recommendations for amendments to this …

CHANGES IN BENEFITS OR CONTRIBUTION RATES. Whenever the Commission believes that a change in contribution or benefit rates will become necessary to protect the solvency of the fund, it shall promptly so inform the Governor, who may make to the Legislature recommendations with res…

ADOPTION AND PROMULGATION OF RULES. The adoption and promulgation of all rules by the Oklahoma Employment Security Commission shall be in accordance with the procedures set forth in Article I of the Administrative Procedures Act. Added by Laws 1990, c. 333, § 14, emerg. eff. May …

COMMISSION SHALL PUBLISH RULES. The Oklahoma Employment Security Commission shall cause the text of Section 1-101 et seq. of this title, the Commission's rules, its annual reports to the Governor and any other material the Commission deems relevant and suitable to be published on…

PERSONNEL AND COMPENSATION. Subject to other provisions of Section 1-101 et seq. of this title, the Oklahoma Employment Security Commission is authorized to appoint, fix the compensation and prescribe the duties and powers of such officers, accountants, attorneys, experts and oth…

COMMISSION TO COOPERATE AND COMPLY WITH FEDERAL LAW. In the administration of this act the Oklahoma Employment Security Commission shall cooperate to the fullest extent consistent with the provisions of this act, with the Social Security Act, as amended, and is authorized and dir…

PURCHASE OF REAL PROPERTY. If the Commission determines, to its satisfaction, that suitable quarters, office space or facilities are not readily obtainable, the Commission may enter into an agreement with the board of county commissioners of any county, with any state agency or p…

EMPLOYEE RECOGNITION PROGRAM. In order to establish a public employee benefit program to encourage outstanding performance in the workplace, the Oklahoma Employment Security Commission is hereby directed to establish an on-the-job employee performance recognition program which en…

Service Division. In order to encourage the improvement and modernization of employment, training, and placement services for veterans, and to recognize eligible employees for excellence in the provision of services to veterans, or for having made demonstrable improvements in the…