An employee who has ten years of state service, one year of which is under a career executive assignment appointment(s) and is terminated from a career executive assignment, shall receive a red circle rate in accordance with standards set by the Department unless the termination was voluntary or based on unsatisfactory performance. If the termination was voluntary and performance satisfactory, a red circle is permissive.

The Department may, at the election of the employee, apply the provisions of this section to any employee who, prior to the effective date of this regulation, was terminated from a career executive assignment. The salaries of these employees may be adjusted on the effective date of this section for the remainder of the period of time the red circle rate could have been granted.