Public Officers and Employees

Merit System

SECTION 36-4-59

§ 36-4-59. Tenure in state service.

(a)(1) Every person who shall have twenty (20) years, not necessarily consecutive, of service credit, the credits having been earned in either the classified, nonclassified, or unclassified service of the state or a combination of both, shall be deemed to have acquired full status in the position he or she holds at the time of obtaining twenty (20) years of service credit.

(2) For any other position he or she may hold subsequent to the time of obtaining twenty (20) years of service credit, the person, subject to a then existing list, is to be deemed to have acquired full status in the subsequent position and shall be protected by the provisions of this chapter, provided, however:

(i) That military service not to exceed four (4) years of active service shall constitute service credit within the meaning of this section;

(ii) That in case of layoff or the abolition of a position through reorganization or otherwise, any person in that position or subject to layoff, who has full status, otherwise qualified under this section, shall be retained within the state services in a position of similar grade;

(iii) That this section shall not apply to employees of the state government whose method of appointment and salary and term of office is specified by statute;

(iv) That all employees otherwise qualified under this section shall be subject to all of the provisions of dismissal and appeal as elsewhere described in this chapter.

(b) This section shall not apply to those employees whose base entry date is after August 7, 1996.

History of Section.
(P.L. 1962, ch. 202, § 1; P.L. 1968, ch. 100, § 1; P.L. 1980, ch. 394, § 1; P.L. 1986, ch. 58, § 1; P.L. 1987, ch. 483, § 1; P.L. 1987, ch. 545, § 1; P.L. 1990, ch. 501, § 1; P.L. 1992, ch. 366, § 1; P.L. 1996, ch. 326, § 4.)