CHAPTER 6
PAY PLAN
6.1 Philosophy.
The pay rates for the State's classified workforce will be established in accordance with a system that generally considers such factors as availability of applicants, the quality of the applicant pool, turnover rates, federal law, market competition, pay practices of market competitors, the evaluation system ranking, employee performance and level of funding available. The State will not be a market leader, but, for the most part, will follow the market as the value of jobs change.
6.2 Preparation of Pay Plan.
(a) The Director, after consultation with appointing authorities and the state fiscal officer and after conducting such research as he may deem appropriate, shall cause to be prepared for submission to the Commission, a uniform pay plan, or amendments thereto, for the classified service. The Director may propose different rates of pay in different localities and areas of the state depending upon availability of applicants and other factors impacting compensation.
(b) The Director shall make a recommendation to the Commission concerning a pay structure adjustment at least annually.
6.3 Adoption of Pay Plan.
(a) Any Pay Plan, or amendments thereto, proposed by the Director shall be submitted to the Commission for its consideration at a public hearing called for this purpose.
(b) The Civil Service Commission, upon adoption of a Pay Plan, shall specify the manner in which the Pay Plan is to be implemented.
(c) A Pay Plan may include but not necessarily be limited to an adjustment to the pay structure, an increase of limited duration, a general increase and/or new, revised or abolished jobs.
(d) A Pay Plan or amendment thereto, when adopted by the Commission after public hearing shall become effective only after approval in its entirety by the Governor.
6.3.1 Other Compensation.
An appointing authority desiring to provide compensation not specifically covered either by Chapter 6 of these Rules or by the classification and pay plan shall obtain approval from the Commission of a plan for providing such compensation, and shall obtain certification in accordance with Rule 6.13(a) prior to providing such compensation. The alteration of any such plan shall not be made without the prior approval of the Commission.
6.4 Rates of Pay in the Pay Plan Plus Base Supplement
(a) The pay range for each job shall consist of a range minimum and maximum.
(b) Subject to the provisions of Rules 6.11, 6.15, 6.16 and 17.11(a) and (b)2, each employee shall be paid at a rate within the range for the grade to which his position is allocated, or at a rate within the base supplement approved for his position in accordance with the provisions of Rule 6.16(f).
6.5 Hiring Rate.
Pay upon employment shall be at the minimum of the range established for the grade of the job to which the position is allocated except:
(a) The pay of a probational, job, or provisional appointee shall not be reduced when the employee has served longer than 6 months, is earning more than the minimum for the job he occupies, and is then probationally appointed to a position in the same job, or a different job with the same maximum rate of pay, in the same department without a break in service.
(b) Special Entrance Rates.
When economic or employment conditions cause substantial recruitment or retention difficulties, the Director may authorize the appointment of qualified applicants at a special entrance rate or may authorize the use of a special retention rate within the range, or within the range plus base supplement authorized for the position, for the job in a limited geographical area or for positions in a job where employment conditions are unusual.
1. The department or departments to which the special rate is made applicable having employees in the same job in the affected area or locale where the special rate will be used, shall increase the pay rate of all such employees to the special rate. All new hires shall be paid at the special entrance rate or special retention rate. An appointing authority may adjust the salaries of employees working in the positions to which the special entrance rate applies to any salary up to but not to exceed the amount of the percent difference between the special rate and the current hiring rate.
2. When special entrance rates or special retention rates are adjusted downward, the individual pay rates of employees occupying positions affected by the authorized rates shall not be changed.
3. Special entrance rates and special retention rates must be approved by the Commission at its next scheduled meeting after action was taken by the Director.
(c) Reentering the Classified Service.
The pay of an employee reentering the classified service, other than one being restored to duty following military service, may be fixed at any rate in the range, or within the range plus base supplement authorized for the position in which he is being employed, that does not exceed the highest salary he previously earned while serving with permanent status in a classified position other than detail to special duty. If the range for the job has been adjusted and the range minimum is higher than his former salary, he will enter at range minimum. If the former salary is higher than the range maximum or range maximum plus authorized base supplement, his pay rate shall be set no higher than the range maximum, or range maximum plus base supplement if authorized for the position in which he is being employed. The appointing authority may at any time grant, to the extent permitted by other provisions of these Rules, any increase for which an employee having reentered the classified service possesses eligibility under this subsection. This Rule shall not apply to a former employee who was dismissed or resigned to avoid dismissal.
(d) Restricted Appointments
When an appointing authority makes a restricted appointment, he may set the pay of the employee at any rate in the range.
(e) Return From Military.
Subject to Rule 8.19, when an employee returns from military service and is restored to duty in his former, equivalent or lower position, his pay shall be fixed at the rate earned prior to leaving the classified service. If the job or equivalent job had been upgraded or any pay adjustments granted, he shall be granted a pay rate reflecting the impact of these adjustments, as though he had been in that job at the time of the adjustments.
(f) The Director, with the approval of the Commission, may establish special hire rates for workers employed by any State agency which administers federal funds for use in this state, either directly or indirectly or as a grant- in-aid or to be matched or otherwise, provided such State agency is required to by rule or regulation of, or contract with, a participating federal authority to pay such special rate, except that an appointing authority must comply with the minimum wage rate as prescribed and required by Federal rules, statutes, regulations and judicial decisions, when such minimum rate is in excess of that provided for in these rules.
(g) Extraordinary Qualifications/Credentials
Subject to provisions of Rule 6.29, if an applicant who is eligible for appointment under provisions of Chapters 7 and 8 of the Rules possesses extraordinary or superior qualifications/credentials above and beyond the minimum qualifications/credentials, the appointing authority may, at his own discretion, pay the employee at a rate above the minimum provided that:
The employee may be paid upon hiring or at any time within one year of the hire date. If paid after the hiring date, the pay change must be prospective. The salaries of all current probational and permanent employees who occupy positions in the same job title and who possess the same or equivalent qualifications/credentials may be adjusted up to but not to exceed the amount of the percent difference between the special hiring rate and the regular hiring rate provided that the qualifications/credentials are also verified and documented as job related and that the rate is implemented in accordance with written policies and procedures established by the department; such policies shall be posted in a manner which assures their availability to all employees. Such adjustments shall only be made on the same date that the higher pay rate is given to the newly hired employee.
If an employee with permanent status resigns and is then rehired into either the same position or into the same job title or a lower level job in his career progression group at the same agency, the employee shall not be eligible for an increase under this rule unless there has been a break in State service of at least 60 days.
(h) Reentering the Classified Service Without a Break In Service
When an appointing authority requires an employee to resign a permanent position in order to accept a probational appointment, and the employee accepts such an appointment without a break in service, and the appointment would have been considered a promotion according to Rule 6.7 the employee shall retain eligibility for the promotional increase for a period not to exceed 1 year. The appointing authority may grant any increase for which the employee would have been eligible under Rule 6.7. This Rule shall not apply to an employee who was dismissed or resigned to avoid dismissal.