To: Heads of State Agencies and Human Resource Directors
Subject: Prop. C. S. Rule Changes For Base Supplement Pay
Issue Date: May 12, 1994
The State Civil Service Commission will hold a public hearing on Wednesday, June 8, 1994, to consider the following rule proposals. The hearing will begin at 9:00 a.m. and will be held at the Department of Civil Service, Second Floor Hearing Room, DOTD Annex Building, 1201 Capitol Access Road, Baton Rouge, Louisiana.
The following will be considered at the meeting:
PROPOSED ADOPTION OF RULE 1.5.02
1.5.02 'Base Supplement' means additional pay above the range maximum,
when authorized by the Commission and approved by the Governor under limiting
factors (e.g., by job titles, geographic areas, organizations, etc.) it deems
appropriate when market and employment conditions require such supplement in
order to maintain competent and experienced staff, which is treated as a part
of base pay.
AMEND RULE 1.15.2.3
1.15.2.3 'Individual Pay Rate' . . . . Individual pay rates may vary on the
same job as a function of base supplement, of service in grade,
performance or some other basis for establishing variation.
AMEND RULE 1.33.01
1.33.01 'Red Circle Rate' means an individual pay rate, excluding those
that fall within the base supplement authorized for a position, that is
above the maximum of a pay range for a grade; or, only under conditions as
specified in Rule 6.15(d), an individual pay rate that is above the base
supplement authorized for a position.
AMEND RULE 6.4
6.4 Rates in Pay Plan Plus Base Supplement.
(a) . . .
(b) . . . , or at a rate within the base supplement approved for his
position in accordance with the provisions of Rule 6.16(f).
AMEND RULE 6.5
6.5 Hiring Rate.
(a) . . .
(b) When economic . . . within the range, or within the range plus base supplement authorized for the position, for the job . . . .
(c) The pay . . . , 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 . . . 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 . .
(d) . . .
(e) . . .
(f) . . .
(g) . . .
(1) . . .
(2) . . .
(3) . . .
AMEND RULE 6.5.1
6.5.1 Pay Upon Appointment From a Department Preferred Reemployment List.
Subject . . . In no case shall the rate of pay be higher than the range
maximum for the class to which appointed, or the highest rate within the
base supplement authorized for the position to which appointed.
AMEND RULE 6.7
6.7 Rate of Pay Upon Promotion.
(a) Subject to the provisions of subsections (e) and (f) of this rule, .
. . .
(b) Subject to the provisions of subsections (e) and (f) of this rule, . . . .
(c) . . .
(d) . . .
(e) Subject to the provisions of subsection (f) of this rule, when an employee is promoted . . . .
(f) When an employee, whose rate of pay falls within the base supplement
for his current position, promotes to a position which has no base supplement,
his salary for purposes of pay calculation upon promotion shall be the range
maximum of his current position for which the base supplement is authorized.
AMEND RULE 6.8
6.8 Pay Upon Grade Assignment.
(a) . . .
(b) Subject to the provisions of subsection (d) of this rule, . . . .
(c) Subject to the provisions of subsection (d) of this rule, . . . .
(d) If the position is reallocated or job corrected to the same pay range
or downward in such a way that the current base supplement rate of pay
authorized for the position is lost or reduced, the affected employee's pay
shall be set no higher than his current salary and at the higher of the
following:
1. the range maximum (this is a red circle rate) of the position from
which he is being job changed or reallocated, or
2. within the range maximum plus the base supplement (this is not a red
circle rate) authorized for the position to which he is to be reallocated or
job changed.
AMEND RULE 6.9
6.9 Pay Upon Transfer or Reassignment.
(a) Subject to the provisions of Subsection (f) of this Rule, when . . .
(b) . . .
(c) . . .
(d) Subject to the provisions of Subsection (f) of this Rule, when . . .
(e) . . .
(f) Notwithstanding the provisions of Subsections (a) and (d) of this
Rule, if an employee is transferred without promotion, demotion, or change in
duty station or is reassigned from a position with an authorized base supplement
to a position for which a lower or no base supplement is authorized, the
affected employee's current base supplement pay shall be reduced to the range
maximum or to a rate within the new position's base supplement no higher than
his current salary.
AMEND RULE 6.14
6.14 Merit Increases.
(a) . . .
(b) . . .
(c) . . .
(d) . . .
(e) All increases . . . for the job, or the highest rate within the base
supplement authorized for the position occupied.
(f) . . .
(g) . . .
(h) . . .
(i) . . .
(j) . . .
(k) . . .
AMEND RULE 6.15
6.15 Red Circle Rates.
Rates that fall within the range or within the base supplement authorized for a position become the employee's authorized individual pay rate. Excluding those that fall within the base supplement authorized for a position, individual pay rates that fall above the maximum established for the grade become red circle rates; or, under the conditions outlined below in subsection (d) of this rule, individual pay rates that fall above the base supplement authorized for a position become red circle rates. Such red circle rates remain in effect until the range or range plus authorized base supplement for a position catches up with the rate; however, eligibility for a red circle rate is lost upon separation from state service, or demotion except as provided in part (f) of this rule. Individuals whose salary rates are red circled shall not be eligible for any other pay adjustments provided for in the rules. Red circle rates are assigned under the conditions as outlined below:
(a) . . .
(b) Except as provided in Rule 6.8(d), when . . . .
(c) When an adjustment (this does not include base supplement.) to the pay . . . .
(d) When . . . falls above the maximum of the range for the grade of the job
into which the position(s) are allocated, or above the range plus base
supplement authorized for the position allocated.
(e) . . .
(f) When an employee is subject to a demotion in a layoff, and the layoff
was not absolutely required because of budgetary cuts, except that the pay
upon demotion in such a layoff for an employee whose current pay rate within
the base supplement exceeds the range or the range plus authorized base
supplement for the position to which he is to demote shall be set no higher
than his current salary and at the higher of the following:
1. the range maximum (this is a red circle rate) of the position from
which he is to demote, or
2. within the range maximum plus the base supplement (this is not a red
circle rate) authorized for the position to which he is to demote.
(g) An appointing authority may request authority from the Commission to reinstate red circle rates awarded for two years which have expired when the employee's pay continues to be lower than the previously authorized red circle rate. Any approval granted shall be prospective from the date of commission action. Eligibility for reinstatement is lost upon separation from state service or demotion.
(h) Red circle rates in effect on the effective date of the amendment to this rule providing for a continuing red circle rate shall be extended in accordance with the provisions of this rule.
AMEND RULE 6.16
6.16 Special Pay Provisions.
(a) . . .
(b) . . .
(c) . . .
(d) . . .
(e) . . .
(f) Rate of Pay Upon Approval of Base Supplement.
When market and employment conditions require additional pay above the
range maximum in order to maintain competent and experienced staff, the
Commission, upon request from the appointing authority, may authorize that
employees occupying positions in selected job titles, geographic areas,
organizations or other limiting factors deemed appropriate by the Commission,
receive a base supplement. Any Commission-approved base supplement must also be
approved by the Governor before it can become effective. Authority for such pay
may be adjusted or rescinded by the Commission, with the approval of the
Governor, should market and employment conditions change. When authorized, this
base supplement shall be treated as a part of base pay and must be reported as
such.
(1) Upon reaching the range maximum, the salary of an employee whose
position has been authorized base supplement may receive additional pay based
on other provisions of these rules up to the highest rate within the base
supplement and in accordance with any special provisions and conditions
specified by the Commission.
(2) An employee who occupies a position at the time its base supplement
authority is rescinded or adjusted downward by the Commission shall have his
salary set in accordance with the provisions and conditions specified by the
Commission.
(3) An employee who occupies a position at the time its base supplement
authority is moved upward shall have his salary remain the same, unless he
retains eligibility for other adjustments authorized under other provisions of
the Rules and unless the salary is set in accordance with any special
provisions and conditions specified by the Commission.
AMEND RULE 6.17
6.17 Pay on Entering the Classified Service Under the Provisions of Rule 8.27.
(a) If the employee's rate of pay falls within the range or within the range plus the authorized base supplement for the position allocated, . . . .
(b) . . .
(c) If the employee's current rate of pay is above the range maximum or above the range maximum plus the base supplement authorized for the position allocated, Rule 6.15 shall apply.
AMEND RULE 6.19
6.19 Methods of Compensation for Overtime Hours Worked.
(a) Cash payment at the time and one-half rate (Base supplement shall be included in calculating the rate of pay at time and one-half; premium pay, shift differential, . . . .
(b) Cash payment at the regular rate (Base supplement shall be included in calculating the rate of pay at the regular rate; premium pay, shift differential, . . . .
(c) . . . .
(d) . . . .
AMEND RULE 6.30
6.30 In order . . . monthly range maximum or highest rate within the base
supplement authorized for a position when any personnel transaction . . .
within $20 of that monthly range maximum or highest rate within the base
supplement.
AMEND RULE 11.10
11.10 Payment for Annual Leave Upon Separation.
(a) . . .
1. . . .
2. . . .
(b) No . . hourly rate of pay (includes base supplement) at the time of his separation.
AMEND RULE 17.19
17.19 Pay Reductions.
Percentage . . . Director. Such reductions shall not result in an employee's being paid above the range maximum or above the highest rate within the base supplement authorized for the position to which he is moved, or below the minimum of the range . . . .
EXPLANATION
The Rules are being changed to provide for additional pay above the range
maximum, to be called base supplement, that is to be treated as base pay.
Authority for the base supplement, which will be a percentage amount above the
range maximum, must be requested by the appointing authority and granted by the
Commission according to the limiting factors it deems appropriate (e.g., by job
title, geographic area, domicile, a combination of factors, etc.). Any
Commission-approved based supplement must also be approved by the Governor
before it can become effective. Requests must offer proof that market and
employment conditions require such supplement in order for the state to
maintain competent and experienced staff. Once approved, the Commission, with
the approval of the Governor, may adjust or rescind the authority as market
conditions and other relevant factors dictate. Use of authorized base
supplement must be reported on Standard Forms 1 and all other forms in the same
manner as base pay.
Please note that the number of pay ranges and pay schedules and the range minimums and range maximums remain unchanged, and their definitions and contexts within the Rules stay the same. Base supplement is tied to positions rather than to job codes. Rules have been amended to provide direction concerning the operation of base supplement during the various types of personnel actions. Consequently, the majority of the Rule changes occur in Chapter 6 regarding pay.
Persons interested in making comments relative to these proposals may do so at the public hearing or by writing to the Director of Civil Service at Post Office Box 94111, Baton Rouge, Louisiana 70804-9111.
If any special accommodations are needed, please notify us prior to this meeting.
Sincerely,
Herbert L. Sumrall
Director