Section 27-110-5.2.2 - General Compensation RulesThe rate of compensation certified by the MSPB Executive Director under these provisions constitutes total remuneration for services rendered. No supplementary compensation for additional work performed for the state is paid except as authorized under policies governing additional compensation. Mississippi Code Annotated § 25-9-119(2)(c).
A. All requests for salary certification shall be submitted to the Office of Classification, Compensation, and Recruitment.B. The MSPB Executive Director certifies all salaries within the state service and non-state service unless otherwise authorized by MSPB or by statute.C. In no case shall a salary increase or other action result in the incumbent exceeding the maximum salary of the job classification, salary of the agency head, or statutory maximum, unless specifically provided for in legislation.D. In coordination with appointing authorities, MSPB may set the annual salaries of those appointed officials whose salaries are not otherwise set by statute who work on a fulltime basis in the capacity of agency head, executive director, or administrator of any state department, agency, institution, board, or commission under the jurisdiction of MSPB as provided in Mississippi Code Annotated §§ 25-9-101et seq., in conformity with the MSPB's compensation plan. Salaries of such officials who serve in their professional capacity as a physician, dentist, nurse practitioner, veterinarian, or attorney shall be set in accordance with Mississippi Code Annotated § 25-9-107(c)(xiii).E. Unless authorized by statute, no employee under the salary setting authority of MSPB shall receive an annual salary or compensation greater than 125 percent of the maximum salary fixed in law for the Governor, except for: a) the Executive Director of the Mississippi Development Authority as set by the Governor; b) the Commissioner of Child Protection Services as set by the Governor; andc) the Executive Director and the Chief Investment Officer of the Public Employees' Retirement System. In addition, no employee within an agency shall receive an annual salary greater than the agency head. However, in accordance with Mississippi Code Annotated § 25-3-39(2), MSPB, based upon its findings of fact, may exempt physicians and actuaries when the acquisition of such professional services is precluded based on the prevailing wage in the relevant labor market. Compensation, for the purposes of this section, is defined as the employee's base salary and any additional or special compensation, less paid fringe, authorized by state or federal law or as otherwise provided in MSPB policy. Further, agencies are required to ensure that no employees subject to the overtime provisions of the Fair Labor Standards Act of 1938, as amended, are scheduled to work hours that could cause the employee's total annual compensation to exceed that of the governor or the agency director.F. Payment of retroactive pay shall be certified by the MSPB Executive Director for employees in the state service in accordance with the Constitution of Mississippi, Article 4, Section 96 (1890). Generally, an administrative error justifies retroactive pay only when an employee was legally owed money that due to the administrative error was not paid. See MS AG Op. 2014-0059, Mosley (February 21, 2014) and MS AG Op. 2014-0060, Mosley (February 22, 2014).G. The pay grade of an employee in a supervisory status should be superior in salary range to that of the employees being supervised. Exceptions will be considered by the Office of Classification, Compensation, and Recruitment on a case-by-case basis. So as not to violate the principle of seniority or time-in-service, a subordinate employee may have an actual salary equal to or greater than the supervisor.H. The rate of compensation to be paid an employee or prospective employee shall be certified on the basis of the standard work period for full-time employment and in conformity with the salary range assigned the job class for which employed. Payment for part-time service shall be certified on this basis and in proportion to time actually worked. An employee's starting salary shall be set in accordance with the salary range of the job class to which he or she is assigned. The monthly rate of the corresponding salary is to be used for positions authorized to work forty hours per week and the hourly rate is to be used for positions authorized to work less than forty hours per week.27 Miss. Code. R. 110-5.2.2