Section 5.06 - Procedures For Personnel Claims For Monetary Awards(1)815 CMR 5.06 applies to:(a) Claims for monetary awards by current or former employees regarding any aspect of their employment by the Commonwealth, including, but not limited to: claims related to all non-classification job actions (including discipline and termination, pay and promotion, transfers, leave and overtime disputes), position classifications, and conditions of employment or employment discrimination; and(b) Settlements or orders (administrative or judicial) arising from proceedings involving employees of the Commonwealth before the Massachusetts Civil Service Commission (pursuant to M.G.L. c. 31), the Massachusetts Commission Against Discrimination (pursuant to M.G.L. c. 151B), the Massachusetts LaborRelations Commission (pursuant to M.G.L. c. 150 E), the Massachusetts Department of Personnel Administration (pursuant to M.G.L. c. 30 §§ 45-50) and the grievance and arbitration procedures set forth in any collective bargaining agreement entered into by the Commonwealth or its agencies, as authorized by M.G.L. c. 150E, § 8.
(2)815 CMR 5.06 does not apply to retroactive salary adjustments made pursuant to negotiated collective bargaining agreements. Such retroactive salary adjustments are separately appropriated to meet agency obligations under legislatively approved collective bargaining agreements. These funds are held as a salary reserve and allocated by the Fiscal Affairs Division of the Executive Office for Administration and Finance ("FAD").(3)Payment of Settlements, Orders or Judgments relating to personnel claims for monetary awards.(a) The following may be paid from the agencies' current year operating budgets, without regard to the year in which the claims arose, but only from funds appropriated for salary purposes, if such unused salary funds exist and pursuant to spending plan approval by FAD:1. Awards by the Personnel Administrator in personnel classification appeals pursuant to M.G.L. c. 30, § 49.2. Arbitration and grievance procedures awards under collective bargaining agreements pursuant to M.G.L. c. 150E, § 8. Such claims shall be paid as soon as possible after the appointing agency receives notice of the award and spending approval from FAD. Checks in payment of such awards shall be issued at the end of the first full pay period after receipt of such notice and approval.3. All other awards for back pay (not including attorney's fees, interest, or other damage awards) for personnel claims of employees who currently are on the payroll of the Commonwealth.(b) All other payments of settlements, orders or judgments relating to personnel claims for money awards described in 815 CMR 5.06(3), shall be in accordance with 815 CMR 5.09 INFRA, and only from funds obtained through the deficiency budget process specifically to pay such settlement, order or judgment. Such payments shall include, but not be limited to, back pay or damage awards to terminated employees, attorneys fees or interest awards to terminated employees, attorneys fees or interest awards to any employees, continuing or terminated, and back pay awards to continuing employees which, because of lack of funds, cannot be paid pursuant to 815 CMR 5.06(3), Supra.