§ 21-5-211 - Implementation procedure for grade changes -- Salary adjustments. - Arkansas Statutes

21-5-211. Implementation procedure for grade changes -- Salary adjustments.

(a) The Office of Personnel Management shall have administrative responsibility for enforcing compliance by state agencies and institutions affected by this subchapter in implementing classification and grade changes.

(b) Subject to funds and appropriations being provided as determined in subsection (e) of this section, the following implementation procedures shall apply to state agencies and institutions covered by this subchapter, commencing on July 1 of each fiscal year:

(1) The maximum annual salary rate for which an employee covered by this subchapter shall be eligible on July 1, 2009, is determined by increasing the employee's salary as of June 30, 2009, as follows:

(A) One percent (1%) for an employee with less than two (2) years of cumulative service;

(B) One and one-half percent (1.5%) for an employee with more than two (2) years of cumulative service and up to five (5) years of cumulative service;

(C) Two percent (2%) for an employee with more than five (5) years of cumulative service and up to ten (10) years of cumulative service;

(D) Two and one-half percent (2.5%) for an employee with more than ten (10) years of cumulative service and up to fifteen (15) years of cumulative service;

(E) Three percent (3%) for an employee with more than fifteen (15) years of cumulative service and up to twenty (20) years of cumulative service;

(F) Three and one-half percent (3.5%) for an employee with more than twenty (20) years of cumulative service and up to twenty-five (25) years of cumulative service;

(G) Four percent (4%) for an employee with more than twenty-five (25) years of cumulative service and up to thirty (30) years of cumulative service;

(H) Four and one-half percent (4.5%) for an employee with more than thirty (30) years of cumulative service and up to thirty-five (35) years of cumulative service; and

(I) Five percent (5%) for employees with more than thirty-five (35) years of cumulative service;

(2) An employee whose classification and grade assignment are on the career service compensation plan may have his or her salary eligibility further adjusted as follows:

(A) An employee whose adjusted annual salary falls below the entry pay level for the grade assigned to his or her classification may be further adjusted to the entry pay level;

(B) An employee whose adjusted annual salary falls above the entry pay level and below the base pay level for the grade assigned to his or her classification may be further adjusted to the base pay level if the employee has at least two (2) years of cumulative full-time employment;

(C) The salary for an employee whose June 30, 2009, unadjusted annual salary rate is at or above the maximum pay level for his or her grade may be further adjusted up to the career pay level;

(D) An employee whose June 30, 2009, unadjusted annual salary exceeds the career pay level for the grade to which assigned shall be eligible for the increase provided in subdivision (b)(1) of this section, but the increase shall be paid as a lump sum on the last pay period of the fiscal year of the year in which the increase is to occur; or

(E) An employee whose June 30, 2009, unadjusted annual salary exceeds the career pay level for the grade to which assigned shall not have his or her salary reduced, and the employee's salary shall remain constant until the employee's salary rate falls below the highest rate in the grade, at which time the salary may be adjusted to that level, if the employee is otherwise qualified;

(3) An employee whose classification and grade assignment are on the professional and executive pay plan may have his or her salary eligibility further adjusted as follows:

(A) An employee whose adjusted annual salary falls below the base pay level for the grade assigned to his or her classification may be further adjusted to the base pay level;

(B) An employee whose June 30, 2009, unadjusted annual salary rate is at or above the maximum level rate of pay authorized for the grade assigned to his or her classification shall be eligible for the increase provided in subdivision (b)(1) of this section, but the increase is paid as a lump sum on the last pay period of the fiscal year of the year in which the increase is to occur; or

(C) An employee whose June 30, 2009, unadjusted annual salary exceeds the maximum pay level for the grade to which assigned shall not have his or her salary reduced, and the employee's salary shall remain constant until the employee's salary rate falls below the highest rate in the grade, at which time the salary may be adjusted to that level, if the employee is otherwise qualified; and

(4) All other employees' salaries shall be adjusted within the salary levels of the grade assigned to their classification but may not exceed the maximum rate provided for that grade unless otherwise provided in this section.

(c) (1) The maximum annual rate of compensation for which an employee is eligible on July 1, 2010, shall be determined by increasing the employee's June 30, 2010, salary by two and three-tenths percent (2.3%).

(2) The additional salary increase of two and three-tenths percent (2.3%) shall not allow an employee's compensation to exceed the maximum pay level amount set out for the position unless the employee is eligible for the career pay level as established in 21-5-214.

(3) If an employee does not meet the service requirements in 21-5-214(a), the increase shall be paid as a lump sum on the last pay period of the fiscal year of the year in which the increase is to occur.

(4) (A) An employee compensated at the highest pay level rate authorized for the grade assigned to his or her classification may receive the salary increase of two and three-tenths percent (2.3%) authorized in this section as a lump-sum payment.

(B) However, the increase shall be paid as a lump sum on the last pay period of the fiscal year of the year in which the increase is to occur, and the payment shall not be construed as exceeding the maximum salary.

(d) (1) An employee covered by this subchapter is eligible for an additional salary increase of two percent (2%) each fiscal year upon approval by the Governor if:

(A) The Chief Fiscal Officer of the State determines that sufficient general revenues become available; and

(B) The additional salary increase of two percent (2%) does not result in an employee's compensation exceeding the maximum pay level amount set out for the position unless the employee is eligible for the career pay level on the career service pay plan as established in 21-5-214.

(2) (A) An employee compensated at the highest pay level rate authorized for the grade assigned to his or her classification is eligible to receive the salary increase of two percent (2%) authorized in this section as a lump-sum payment.

(B) However, the increase shall be paid as a lump sum on the last pay period of the fiscal year of the year in which the increase is to occur, and the payment shall not be construed as exceeding the maximum salary.

(e) (1) If the Chief Fiscal Officer of the State determines that general revenue funds are insufficient to implement the salary increases authorized in this subchapter or by any other law that affects salary increases for state employees, the Chief Fiscal Officer of the State upon approval by the Governor may reduce the percentage of all authorized salary increases for all state employees covered by this subchapter without regard to whether the employees are compensated from general or special revenues, federal funds, or trust funds.

(2) However, if sufficient general revenues should then become available at any time during the year to provide the maximum additional salary increases for all state employees without regard to the source of revenues, salary increases for state employees provided for in this subchapter or by any other law may be fully implemented by the Chief Fiscal Officer of the State.

(3) Any salary adjustments made by the Chief Fiscal Officer of the State in accordance with this subsection shall be reported to the Personnel Committee of the Legislative Council.

(f) All percentage calculations stipulated in this subchapter or any other law affecting salaries of state employees may be rounded to the nearest even-dollar amount by the office when making the percentage changes to state employee salaries.