8-30-214 - Pay plan Merit pay system Overtime. - Tennessee Statutes

8-30-214. Pay plan Merit pay system Overtime.

(a)  After consultation with appointing authorities and the state fiscal officers, the commissioner shall prepare and recommend to the governor a pay plan for all employees in the career service. Such pay plan shall include, for each class of positions, a minimum and maximum rate, and such intermediate rates as the commissioner considers necessary or equitable. In establishing such rates, the commissioner shall give consideration to the experience in recruiting for positions in the state service, the prevailing rates of pay for the services performed and for comparable services in public and private employment, living costs, maintenance of other benefits received by employees, and the state's financial condition and policies. Such pay plan shall take effect when approved by the governor. Amendments thereto may, from time to time, be recommended by the commissioner and adopted by the governor. Each employee in the career service shall be paid at one (1) of the rates set forth in the pay plan for the class of positions in which such employee is employed. The commissioner may approve payment at a rate above that assigned to the employee's position in the pay plan for an employee who is demoted through no fault on the part of the employee.

(b)  (1)  In consultation with and subject to the approval of the civil service commission, the commissioner shall establish guidelines to govern the distribution of any funds which may hereafter be available for merit pay for members of the career service.

          (A)  The guidelines shall establish concrete, objectively measurable criteria which ensure that the merit pay system:

                (i)  Rewards above-average performance;

                (ii)  Improves efficiency;

                (iii)  Encourages participation in programs which will improve job performance and skills; and

                (iv)  Does not permit, facilitate or promote discrimination on account of race, color, sex or national origin.

          (B)  Such guidelines shall also ensure that the integrity of the merit pay system is always maintained and that merit pay funds are consistently distributed in a fair, uniform and equitable manner.

          (C)  Such guidelines shall also establish a policy whereby each employee is automatically placed under consideration for merit pay at least once during a specified period of time, and shall require the appointing authority to provide written justification for denial of merit pay for any employee under such automatic consideration, along with specific written suggestions by such authority for employee actions to avoid future denials of merit pay.

     (2)  Notwithstanding any provision of § 4-5-102(12)(A) to the contrary, the guidelines required by subdivision (b)(1) shall be promulgated and published as rules in accordance with the policies and procedures of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, and shall be made available for inspection by employees within the career service.

(c)  The commissioner shall establish guidelines for the accumulation and use of compensatory time earned by state employees for overtime work. Employees who accumulate or have accumulated the maximum number of hours of compensatory time or more shall be paid the equivalent of their hourly wage for each additional hour of overtime worked. Payment shall be made at the end of each pay period for eligible hours accumulated during the previous pay period.

(d)  Each career service employee whose job performance is satisfactory shall receive a one (1) step periodic salary increase; provided, that employees at or above the top step of their salary ranges shall not be eligible for such salary increase. Each July 1, career service employees whose job performance is satisfactory and who are in steps one (1) through nine (9) in their salary range shall receive a one (1) step periodic salary increase; employees at step ten (10) or above in their salary ranges shall not be eligible for such salary increase. Periodic salary step increases shall only be awarded to career service employees who have completed twelve (12) continuous months of state service as of July 1 of each year. Career service employees who have not completed twelve (12) continuous months of state service as of July 1 of each year shall be eligible for a periodic salary increase upon completion of twelve (12) continuous months of state service. Periodic salary step increases shall be subject to availability of funds as provided in the general appropriations act for each fiscal year.

(e)  When any position classification is upgraded in the classification/compensation plan, all career service employees in that position classification shall receive salary increases in accordance with the promotion salary increase rule.

[Acts 1939, ch. 221, § 13; C. Supp. 1950, § 1034.35 (Williams, § 423.24m); impl. am. Acts 1961, ch. 97, §§ 2, 4; Acts 1965, ch. 293, §§ 1, 2; 1977, ch. 341, § 1; T.C.A. (orig. ed.), § 8-3114; Acts 1981, ch. 429, § 5; 1982, ch. 897, §§ 1, 2; 1985, ch. 241, § 1; 1986, ch. 869, §§ 4, 8; 1987, ch. 404, §§ 1, 2.]