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c. In no event shall an affected employee who returns to State service

receive severance pay in an amount that would exceed that which he or she

would otherwise have received as base annual salary during the period of
separation from State service. Should the amount of severance pay exceed

the amount of base annual pay otherwise earned during the period of
separation from State service, said employee shall repay the difference

pursuant to the following rules:
i. Any affected employee who resumes State service shall repay such

excess payments received within one (1) year of the employee’s return to
payroll, by payroll deductions in equal amounts.

ii. Nothing in this §4.c. shall affect the State’s right to recover the full
amount of the monetary severance payment by other lawful means if it has

not recovered the full amount by payroll deduction within the time periods
set forth herein.

(5) Grievability and Dispute Resolution
a. The application of terms of the Appendix shall be grievable only up to

Step III of the provisions of Article 34 (Grievance and Arbitration
Procedure).

b. Disputes raised to the Step III level will be reviewed by the
Employment Security Committee for attempted resolution. If a decision

must eventually be rendered and no resolution is agreed to, the decision
shall be issued pursuant to the procedures outlined in Article 34.1(b).

(6) Health Insurance
A permanent affected employee who elects the severance option and is

separated, shall continue to be covered under the State’s Health Insurance

Plan at the same contribution rate as an active employee for one year
following such separation or until reemployment by the State or
employment by another employer, whichever occurs first.

(7) Savings Clause

If any provision of this Severance Option is found to be invalid by a
decision of a tribunal of competent jurisdiction, then such specific

provision or part thereof specified in such decision shall be of no force and
effect, but the remainder of this Severance Option shall continue in full

force and effect.

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