Chapter 6: Pay Rules

It is the policy of the State to maintain labor market competitiveness within the boundaries of financial feasibility. The state is committed to attracting and retaining a diverse workforce of high performing employees with the competencies, knowledge, skills, abilities and dedication needed to consistently provide state services.

(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.

(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.

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.

(a) The pay range for each job shall consist of a range minimum and maximum.

(b) Subject to the provisions of Rules 6.11 and 6.15, each employee shall be paid at a rate within the range for the grade to which his position is allocated.

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, or job appointee shall not be reduced when the employee 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 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) Reemployment Eligibility Rate

The pay of an employee who has had a break in service of at least 30 days, other than one being restored to duty following military service or being reemployed following a layoff, may be fixed at any rate in the range, 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 his pay rate shall be set no higher than the range maximum 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) Classified When Actually Employed (WAE) Appointment

When an appointing authority makes a classified WAE appointment, he may set the pay of the employee at any rate in the range.

(e) Return From Military.

Subject to Rule 23.15, 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 22 and 23 of the Rules possesses extraordinary or superior qualifications/credentials above and beyond the minimum qualifications/credentials, the appointing authority may pay the employee at a rate above the minimum provided that:

1. such superior qualifications/credentials are verified and documented as job related,
2. the rate does not exceed the midpoint of the range for the affected job,
3. the rate is implemented in accordance with written policies and procedures established by the department and approved by the Director,
4. the appointment is probational or a job appointment.

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, job appointment 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 job with a lower maximum 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 30 days. If an employee with permanent status resigns and is then rehired into a job with a lower maximum at any other agency, the employee shall not be eligible for an increase under this rule unless there has been a break in service of at least 30 days.

Requests for exceptions to this rule must be approved by the State Civil Service Commission.

(h) Pay Upon Accepting Probational Appointment in Lieu of Promotion

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 appointing authority shall 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.

The pay of a person appointed from a department preferred reemployment list may be fixed no higher than his rate of pay at the time of the layoff or displacement action, which entitled him to placement on the preferred list from which he is appointed, or at his current rate if such rate is higher based on other provisions of these Rules. If the range for the job has been adjusted and the range minimum is higher than his former salary, he will enter at the range minimum. In no case shall the rate of pay be higher than the range maximum for the job to which the person is appointed.

(a) When the pay range for the grade to which a job is currently assigned is either not sufficient to compete with prevailing market conditions, or is found to exceed prevailing market rates, the Director may, in accordance with Rules 6.1 and 3.1(n), authorize the assignment of the job to a grade with a more appropriate pay range. The individual pay rate of employees occupying jobs which are affected shall be set in accordance with Rule 6.8.1.

(b) Repealed, as of December 4, 1989.

(a) Subject to the provisions of subsections (e) and (g) of this rule, when an employee is promoted to a position in a higher grade, his pay shall increase by at least 7 percent.

(b) Subject to the provisions of subsections (e) and (g) of this rule, when an employee is given a one grade promotion his pay shall increase by 7 percent. When an employee is given a two grade promotion his pay may be increased in an amount not to exceed 10.5 percent. When an employee is given a three or more grade promotion his pay may be increased in an amount not to exceed 14 percent. An employee shall not be paid below the minimum of the higher range.

(c) Eligibilities gained but not received at the time of promotion may be given prospectively at any time within three years from the effective date of the promotion.

(d) When an employee has been detailed with pay to a higher job and is promoted to that same job or a job at the same pay level or a higher pay level directly from the detail, his pay eligibility on promotion shall not be less than he received on detail.

(e) Subject to the provisions of subsection (g) of this rule, when an employee is promoted from a job assigned to one pay schedule to a job with a higher range maximum in another pay schedule, his pay shall be adjusted as follows:

1. If the maximum of the job to which he is being promoted is less than 14% above his current maximum, his pay shall be increased by 7%.
2. If the maximum of the job to which he is being promoted is at least 14% but less than 21% above his current maximum, his pay shall be increased at least by 7% but not to exceed 10.5%.
3. If the maximum of the job to which he is being promoted is equal to or greater than 21% above his current maximum, his pay shall be increased by at least 7% but not to exceed 14%.

(f) Repealed effective July 1, 2018.

(g) When an employee has taken a voluntary demotion without a reduction in pay, promotional pay shall be in accordance with 6.10(d).

When the Director changes the allocation of a position from one job to another by reallocation,

(a) Subject to Rule 6.10(d), if the job to which the position is allocated is in a higher grade in the same schedule or is in a grade with a higher maximum in another schedule, the affected employee's pay shall be set in accordance with Rule 6.7.

(b) If the job to which the position is allocated is in a lower grade in the same schedule or is in a grade with a lower maximum in another schedule, the affected employee's pay will not change, but shall be subject to provisions of Rule 6.15.

(c) If the job to which the position is allocated is in the same grade in the same schedule or is in a grade with the same maximum in another schedule, the employee's pay shall not change.

(d) Repealed effective July 1, 2018.

When the Director assigns a job to a different grade or changes the allocation of a position from one job to another by job correction,

(a) If the job to which the position is job corrected is in a higher grade in the same pay schedule or is in a grade with a higher range maximum in another pay schedule, or if the job is assigned to a higher grade in the same pay schedule or to a grade with a higher range maximum in another schedule, the affected employee's pay shall not change. An employee shall not be paid below the minimum of the higher range.

(b) If the job to which the position is job corrected is in a lower grade in the same pay schedule or is in a grade with a lower range maximum in another pay schedule, or if the job is assigned to a lower grade in the same pay schedule or to a grade with a lower range maximum in another schedule, the affected employee's pay shall not change, but shall be subject to provisions of Rule 6.15.

(c) If the job to which the position is job corrected is in the same grade in the same pay schedule or is in a grade with the same range maximum in another pay schedule, or if the job is assigned to the same grade in the same pay schedule or to a grade with the same range maximum in another schedule, the affected employee's pay shall not change.

(d) Repealed effective July 1, 2018.

Pay may be reduced upon movement to jobs with a lower maximum as a result of a layoff. Pay reductions shall be uniform in their percentage for all affected employees. If the uniform pay reduction results in an employee’s rate of pay falling above the maximum of the pay range, the appointing authority may choose one of the following options for all employees similarly situated:

1. The pay of affected employees may be reduced to the range maximum; or
2. The pay of affected employees may be set at the red-circle rate.

(a) When a permanent or probationary employee is transferred without promotion or demotion, his pay shall not be reduced without his permission.

(b) When a permanent employee is transferred with promotion following certification from an eligible list, or following noncompetitive promotion, Rule 6.7 shall apply.

(c) When a permanent or probationary employee is transferred with demotion, Rule 6.10 shall apply.

(d) When an employee is reassigned to another position, his rate of pay shall not be reduced without his permission.

(e) When an employee is transferred, the department releasing the employee shall be liable for payment for any holidays and/or regular days off intervening between the last day actually worked in the department releasing the employee and the first day to be worked in the department acquiring the employee.

(f) Repealed effective July 1, 2018.

Subject to the provisions of Civil Service Rule 6.15, when an employee is demoted for any reason under any circumstances, his pay shall be fixed as follows:

(a) If the demotion is to a job within the same schedule or to a job in another schedule with a lower maximum, his pay shall be reduced by a minimum of 7% and may be set at a lower rate in the range provided that it is no less than the minimum.

(b) Repealed, effective September 9, 2003.

(c) Repealed, effective September 9, 2003.

(d) Subject to the provisions of Rule 6.29, an appointing authority may waive the reduction in pay for voluntary demotions. An appointing authority shall waive a pay increase on promotion, reallocation, or detail to special duty for an employee who has been demoted without a reduction in pay of at least 7% until such time as the employee surpasses the pay level from which they demoted.

1. The provisions of this subparagraph shall not apply to any employee who voluntarily demoted on or before June 30, 2018.

When an employee is detailed to special duty, his pay shall not be reduced; if the position is allocated to a job which is assigned to a higher grade, his pay, subject to the provisions of subsection (c), shall be increased to the rate he could receive upon promotion to such position, provided:

(a) Any such temporary increase granted him shall not affect his eligibility for pay increases which he would have acquired in his regular position had he not been detailed.

(b) At the conclusion of the detail, his pay shall revert to his authorized rate of pay in his regular position.

(c) When an employee has taken a voluntary demotion without a reduction in pay, promotional pay shall be in accordance with 6.10(d).

(a) When part-time service in any position is authorized or rendered, the actual compensation to be paid shall be the appropriate hourly rate.

(b) When part-time service is rendered, it shall be the duty of the appointing authority to certify to the Director, on each notice of appointment or change in status of the employee, the percent of full-time hours to be worked.

(c) An employee paid on a monthly or semi-monthly basis, who is employed for only part of a pay period shall be paid for the proportionate calendar days worked.

Employees shall be eligible for compensation on holidays observed except:

(a) When the employee's regular work schedule averages less than 20 hours a week;

(b) When the employee is on classified WAE appointment;

(c) When the employee is on leave without pay immediately preceding and following the holiday period;

(d) When the employee is on an intermittent work schedule.

(a) No employee shall receive any compensation except as authorized by or pursuant to the provisions of Article X, the Civil Service Rules, the Uniform Classification and Pay Plans, and the policies and procedures issued by the Director.

(b) If payments to an employee are found to have been made in violation of the provisions of Article X, the Civil Service Rules, the Uniform Classification and Pay Plans, or the policies and procedures issued by the Director, the Director may take any corrective action he deems appropriate or may direct the appointing authority to take such corrective action. Corrective actions may include, but are not limited to, the rescinding of any actions and associated compensation, or restitution to the employee.

All provisions of the Performance Adjustment Rule shall be suspended for the period of June 29, 2016 through June 29, 2017. During this period of suspension, no appointing authority may grant a performance adjustment to any employee nor may any employee gain eligibility for a performance adjustment.

All provisions of the Performance Adjustment Rule shall be suspended for the period of June 29, 2017 through June 30, 2018. During this period of suspension, no employee may gain eligibility for a performance adjustment.

Rates that fall within the range become the employee's authorized individual pay rate. Individual pay rates that fall above the maximum established for the grade become red circle rates. Such red circle rates remain in effect until the range for a position catches up with the rate or as provided for in subsection (d); however, eligibility for a red circle rate is lost upon separation from state service, or demotion. 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) When the job to which a position is allocated is assigned to a lower grade.

(b) When a position is reallocated to a job assigned to a lower pay grade.

(c) When an adjustment to the pay structure has the effect of lowering the range minimum and maximum for the grade to which a job is assigned.

(d) When positions are declared to be in the classified service and the employee's current rate of pay falls above the maximum of the range for the grade of the job into which the position(s) are allocated. A red circle rate given as a result of an acquisition of a position under Civil Service Rule 24.2 shall be treated in the following manner:

1. After two years, should the red circle rate of pay exceed the maximum rate of pay of the job to which the position is allocated by over twenty-eight percent, the red circle rate shall be reduced to a figure not more than twenty eight percent above the aforementioned maximum.
2. A red circle rate reduced under (d) 1 above may not be reinstated under subsection (g) below.

(e) When the employee's pay exceeds the maximum of an approved market grade.

(f) Repealed effective April 2, 2014.

(g) An appointing authority may request authority from the Commission to reinstate red circle rates (except those specified in subsection (d) above) 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 June 8, 1994, 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.

Under conditions described below, the Commission may authorize special pay considerations, beyond those already prescribed in these rules.

(a) Premium Pay

In order to remain competitive with the pay practices of market competitors, the Commission may authorize special pay for positions in a job where employment conditions are unusual. Additional pay may be authorized for an employee who performs extraordinary duty that is not an integral part of his regularly assigned duties. Such additional pay shall not be considered as part of the employee’s base pay.

(b) Repealed, effective January 1, 2000.

(c) Individual Pay Adjustment

When an appointing authority requests and can present adequate justification with documentation before the Commission in public hearing, the Commission may grant special adjustments in pay for individual employees. Such adjustments shall be granted only within the pay range for the grade to which the employee’s position is allocated.

(d) Incentive Awards

An appointing authority may, after presenting justifiable reasons in writing to the Commission, and with the Commission's approval, pay an incentive award at any time that the justifications have been shown.

(e) The special pay rates authorized by this Rule shall not be effective until after approval by the Commission at a public hearing.

(f) Repealed effective July 1, 2018.

(g) Repealed effective July 1, 2018.

(h) Payment for Attainment of Advanced Degree

An appointing authority may approve a base pay increase of up to 10% for a permanent employee who attains a job related Master’s Degree, Ph.D., or their equivalent from an accredited college or university while employed at the Department, provided that a Department policy has been approved by the Civil Service Commission and the employee was not previously rewarded for attainment of the degree under another rule.

Subject to the provisions of Rule 6.29, an appointing authority may, at his discretion, implement a program of rewards and recognition for individual employees or for employee groups for significant achievement or employees who receive exceptional performance evaluations. Such rewards may be either monetary or non-monetary. If monetary, such rewards shall be a lump sum not to exceed a total of 10% of the employee’s base salary within a fiscal year. However, rewards for employees who receive exceptional performance evaluations shall be limited to a lump sum of up to 3% of the employee’s base pay, not to exceed $2,500. Such reward and recognition programs shall be implemented in accordance with written policies and procedures established by each department. Such policies must receive advance approval from the Civil Service Commission and shall be posted in a manner that assures their availability to all employees. Such policies shall also include the public posting of all reward recipients.

Subject to the provisions of Rule 6.29, an appointing authority may, at his own discretion, grant optional pay to permanent employees for the following reasons:

(a) Matching a Job Offer

To provide for the retention of an employee whose loss would be detrimental to the State service, an appointing authority may grant an employee up to a 10% base pay increase to match a verified, non-State job offer or unclassified job offer in a different state department.

(b) Compression Pay

To reduce compression, an appointing authority may grant an employee up to a 10% base pay increase.

(c) Additional Duties

To compensate employees for performing additional duties, an appointing authority may grant an employee a base pay increase or lump sum payment of up to 5% of the employee’s base pay. Employees at the maximum of the pay range may only receive a lump sum adjustment. An employee may not receive more than 10% base pay increases within three consecutive years.

(d) Recruitment

To recruit employees into positions for which recruiting is difficult, an appointing authority may grant an employee up to a 10% base pay increase.

Such optional payments shall be implemented in accordance with written policies and procedures established by each department. Such increases shall not exceed 10% in a fiscal year for an individual employee and shall not duplicate a payment received pursuant to any other Rule. Such policies must receive advance approval from the Civil Service Commission. All policies must be implemented in accordance with policy standards set forth by the Civil Service Director. Policies shall be posted in a manner that assures their availability to all employees. Such policies shall also include a public posting of all recipients.

An employee who enters the classified service under the provisions of Rule 24.2 because his position has been declared to be in the classified service shall have his pay established as follows:

(a) If the employee's rate of pay falls within the range for the position allocated, his rate of pay shall remain the same.

(b) If the employee's current rate of pay is below the range minimum, it shall be brought to the range minimum or interim minimum if such is in effect at the time.

(c) If the employee's current rate of pay is above the range maximum for the position allocated, Rule 6.15 shall apply.

Subject to the provisions of Rule 6.29,

(a) The Director may authorize compensation for on-call/shift work through policy directives which establish guidelines for compensation for employees performing these types of work. These guidelines will establish the maximum authorized amounts which may be utilized. The Commission may authorize amounts at levels higher than established by the Director.

(b) On-call compensation is for hours worked in excess of regularly scheduled hours of duty, when the worker is available for call back to his/her duty station, work-ready, within a specified period of time, at the direction of his/her appointing authority. On-call compensation is in addition to the employee's regular pay and is not to be included in terminal leave payments allowed under other Sections of the Rules. On-call compensation shall not be granted to an employee for his/her regularly scheduled hours of duty. Further, when an employee is called back he/she shall be considered in duty status and eligible for overtime compensation, according to Chapter 21 of these Rules

(c) Shift differential is an additional pay allowance for employees who work non-standard hours.

(a) The discretion granted by this Chapter to an appointing authority is subject to revocation by the Director when he determines that such discretion has been abused.

(b) An employee’s pay is subject to reduction when it is determined that the employee has benefited from increased pay as a result of either a violation of these Rules, or an abuse of the discretion granted in these Rules.

(a) To maintain market competitiveness, employees in active status six months prior to the disbursement date, except for those serving as classified When Actually Employed (WAE) employees, shall be granted a market adjustment.

(b) The amount of base pay adjustment shall be as follows:

1. If the employee’s hourly rate of pay is fixed at a point from the minimum up to the 1st quartile of his pay range, his pay shall be increased by 4%.
2. If the employee’s hourly rate of pay is fixed at a point above the 1st quartile up to the midpoint of his pay range, his pay shall be increased by 4%.
3. If the employee’s hourly rate of pay is fixed at a point above the midpoint up to the 3rd quartile of his pay range, his pay shall be increased by 3%.
4. If the employee’s hourly rate of pay is fixed at a point above the 3rd quartile up to the maximum of his pay range, his pay shall be increased by 3%.

(c) All increases herein authorized are subject to the requirement that no employee's pay shall exceed the maximum rate of pay established for the job.

(d) Any adjustment or increase which an employee receives under the provisions of other rules, unless otherwise indicated, shall not affect such employee's ability to receive increases authorized under this rule.

(e) An employee who has a current official overall Performance Evaluation of “Needs Improvement/Unsuccessful” or equivalent shall not be granted any increase under the provisions of this rule.

(f) For all employees on detail to special duty, the market adjustment shall be calculated based upon the authorized rate of pay in his regular position. The employee’s rate of pay while on detail shall be recalculated based on his new rate of pay in his regular position.

An appointing authority may, for rational business reasons, request an exception to this rule from the Commission.