27 Miss. Code. R. 130-D

Current through September 24, 2024

Section 27-130-D - Scope of State Personnel Director Authority

A. Salary Determination for Current Employees and New Hires

1. Every classification within the MSPB's inventory is assigned to a pay plan and pay grade. For information regarding classification, please refer to the Mississippi State Personnel Board's Policy and Procedures Manual. These pay plans are listed in Section G of this plan.

2. Each pay grade consists of a minimum, market, and maximum salary.

3. For salary decisions concerning current employees and new hires, agencies should use criteria outlined below for the four salary zones in determining an appropriate salary for an employee.

4. In making salary determinations, agencies should consider a current or potential employee's peers within the same job family who possess similar education, experience, licensure/certification, and performance.

5. Within each pay range, there are four distinct salary zones. These zones are identified within each pay plan and pay grade in Section G. The criteria for each zone is as follows:

a. Zone 1 (within 10% of minimum) - Entry Level. Meets minimum qualifications with little or no prior related experience. Requires active training and management to build knowledge and skills. Salary determinations in Zone 1 are made at the agency level subject to equity audits by MSPB staff.

b. Zone 2 (between 10% above minimum to the market) - Has minimal prior closely related experience. Requires active training and management to build knowledge and skills. Salary determinations in Zone 2 are made at the agency level subject to equity audits by MSPB staff.

c. Zone 3 (between market and 10% above market) - Has previous closely related experience and a demonstrated ability to perform assigned duties. May need minimal training to perform duties independently. Salary determinations in Zone 3 are made at the agency level subject to equity audits by the State Personnel Director or designee prior to approval.

d. Zone 4 (between 10% above market and maximum) - Reserved for those employees who have exemplary performance, a broad and deep knowledge of the position and related areas, and/or possess scarce skills or licenses/certifications that are highly valued in the marketplace. Difficulty to recruit suitable candidates can be considered in paying in Zone 4. Any appointments or salary increases in Zone 4 require Mississippi State Personnel Board approval with the exceptions listed in Section A.6. Additionally, the State Personnel Director or designee may approve salary increases in Zone 4 for employees in job classifications whose salary scale is set by statute.

6. In making salary determinations in Zone 4, certain qualifications are authorized by the Mississippi State Personnel Board to give immediate access to Zone 4 without a separate request presented to and approved by the Mississippi State Personnel Board. These specific qualifications also are exempted from the 7% maximum increase for in-range adjustments. These qualifications include:

* Certified Examiner in Charge

* Chartered Financial Analyst

* Certified Financial Examiner

* Certified Internal Auditor

* Certified Insurance Examiner

* Nursing Home Administrator

* Certified Public Accountant

* Certified Fraud Examiner

* Certified Government Financial Manager

* Engineer and Geologist in Training as part of a special compensation plan

* Statutory Academic Teacher pay plan prorated for 12 months

7. Further, in making salary determinations in Zone 4, certain qualifications are authorized by the Mississippi State Personnel Board to give immediate access to Zone 4 without a separate request presented to and approved by the Mississippi State Personnel Board; however, these specific qualifications also are bound by the 7% maximum increase for in-range adjustments:

* Employees with 20+ years of experience related to their current classification

B. Compensation Delivery Mechanisms

All salary decisions made by agencies utilizing these compensation delivery mechanisms are subject to equity audits by the State Personnel Director or designee prior to or after approval.

1. Title Change -A title change is a movement from one classification to another with greater job content, responsibility, and accountability typically within the same job family. Increase can be between 5-15% and considerations should be given for how many pay grades are between the new and old grade, the employee's current salary in relation to the new pay grade, the level of skill the employee possesses, the employee's recent performance review, and parity with others in the same/new job classification. Exceptions to the 15% maximum will be allowed if the new position is moving from the General Pay Plan to any other pay plan or if the requested salary has been previously authorized by the Mississippi State Personnel Board as a part of an approved pay plan. Additionally, employees in the Medical Pay Plan who obtain the following advanced certifications are exempted from the 15% maximum:

* Nursing Assistant obtains Licensed Practical Nurse

* Licensed Practical Nurse obtains Registered Nurse

* Registered Nurse obtains Nurse Practitioner

* Nurse Practitioner obtains Psychiatric Nurse Practitioner

All requests for a title change must be justified and submitted by the requesting agency as outlined in the Mississippi State Personnel Board Policy and Procedures Manual for approval by the Mississippi State Personnel Board or the State Personnel Director or designee. All title changes are subject to review by MSPB staff. Requests for upward title changes for jobs in the Information Technology Occupational Group going from the worker level to the supervisory level or a change in job family or occupational group shall also be considered on a case-by-case basis by MSPB staff with recommendation by the Information Technology Professional Development Committee.

For title changes, the following approvals are required:

a. Increasing a current employee from the worker level to the supervisor level requires approval from the Mississippi State Personnel Board if the new minimum salary is greater than $70,000.00.

b. Non-supervisory current employees moving upward or laterally within the same job family as well as all title changes for vacant positions require approval from the State Personnel Director or designee.

2. Promotion - Differs from Title Change in that the employee applied for a posted position rather than being progressed through a job family. Increase can be between 5-15% and considerations should be given for how many pay grades are between the new and old grade, the employee's current salary in relation to the new pay grade, the level of skill the employee possesses, the employee's recent performance review, and parity with others in the same/new job classification. Exceptions to the 15% maximum will only be allowed if the new position is moving from the General Pay Plan to any other pay plan, the requested salary has been previously authorized by the Mississippi State Personnel Board as a part of an approved pay plan, or if the 15% maximum creates a documented salary inequity. Additionally, employees in the Medical Pay Plan who obtain the following advanced certifications are exempted from the 15% maximum:

* Nursing Assistant obtains Licensed Practical Nurse

* Licensed Practical Nurse obtains Registered Nurse

* Registered Nurse obtains Nurse Practitioner

* Nurse Practitioner obtains Psychiatric Nurse Practitioner

Lateral transfers are defined as the movement of an employee from one position to a different position where both positions have the same pay grade. Employees who laterally transfer are not eligible for any additional salary increase as a result of the transfer; however, the employee retains their eligibility for in-range salary adjustments.

3. In-Range Adjustments - There are three mechanisms to award an in-range salary increase, but at no point will an employee be allowed to receive more than a cumulative 7% increase in compensation in total for these reasons within a fiscal year. The three mechanisms are as follows:

a. Salary Progression - moderate changes in duties and responsibilities which are at a higher level and/or an increase in the variety and scope of the duties assigned. This increase in duties/responsibilities is considered moderate and not significant enough to warrant a Title Change. Additional considerations include performance, longevity, licensure/certification attainment, and job mastery.

b. Equity - relationship of employee's salary to the salary of other employees with comparable education, experience, performance, and same or similar duties within the agency.

c. Immediate Labor Market Changes - allows agencies to address immediate changes in the labor market that may impact retention, the work performed is critical, and replacing an employee is difficult.

4. Demotion - A movement from one classification to another with less job content, responsibility, and accountability typically within the same job family. The agency must provide a written acknowledgement signed by the impacted employee or a statement from the appointing authority or designee for disciplinary/involuntary demotions. For salary determination of a demotion, the following guidance governs pay determination:

a. Voluntary Demotion within 12 months of appointment/promotion - reduce pay by amount of the promotional increase received.

b. Voluntary Demotion after 12 months of appointment/promotion - reduce pay to appropriate level within new range based on qualifications and peers.

c. Involuntary Demotion due to Discipline/Performance - reduce pay to appropriate level within the new range.

5. Legislative Increases - Direct appropriation from the Legislature based on performance, cost of living, and/or market shall be implemented in accordance with Legislative intent.

6. Job Offer Match - In order to ensure that an agency can remain competitive with their peers, at their discretion, agencies may match job offers for current employees under the following conditions:

a. The job offer must be in writing from an agency under MSPB purview,

b. The pay grade for the new job is equivalent to the employee's current pay grade, and

c. The resulting salary will not create an inequity with other similarly situated employees.

C. Additional Compensation

Forms of additional compensation above base pay to accommodate the full and efficient operation of an agency in the delivery of essential services within or outside of the standard work schedule or the standard workplace include the following:

1. Extensive Travel - paid to an individual(s) in a designated job classification(s) who are required by the appointing authority to travel at least eight work nights per month on a continuous basis. Qualifying employees can be paid additional compensation at a dollar amount set by the employing agency at a maximum of $800 per month.

2. Standby - paid to an individual(s) in a designated job classification(s) who are required by the appointing authority to remain available after regularly assigned working hours to provide emergency services which are restricted to the care, preservation, and protection of life and property. Standby pay is awarded at 10% of an employee's hourly rate for the hours on call.

3. Call Back - paid to an individual(s) in a designated job classification(s) who are required by the appointing authority to return to work after regular hours to provide emergency services which are restricted to the care, preservation, and protection of life and property. Call Back is paid at the standard hourly rate for hours worked over the standard work period.

4. Shift Differentials - paid to an individual(s) in a designated job classification(s) within a department, agency, or institution which provides service twenty-four hours a day. Shift differentials are 10% for evening shift and 15% for night shift.

5. Special Duty Pay - paid to an individual(s) in a designated job classification(s) who are required by the appointing authority to perform temporary duties other than those regularly assigned. Employees can only be detailed to a supervisory position. The position to which the employee is being detailed must be vacant or filled by an incumbent who is not available for duty due to an authorized leave.

6. Type/Duty/Location Pay - paid to an individual(s) in a designated job classification(s) when critical recruitment or employee retention problems are recognized in a specific location. Rates vary based on classification and location.

Certification of additional compensation shall be limited to those forms of additional compensation previously approved by the MSPB, with the exception of call-back/overtime pay and any other form of compensation that may be subject to the Fair Labor Standards Act during Fiscal Year 2025. The MSPB shall consider other requests for additional compensation where the requests are justified by demonstrating that delayed implementation would seriously impair critical agency operations.

D. Agency Head Salary Determination - Each agency head's salary will be capped by the Mississippi State Personnel Board's maximum recommendation. These recommendations are based on the prevailing wage in the four contiguous states and any applicable statutory provisions. The Mississippi State Personnel Board must approve any decrease in agency head salary.

E. Salaries that Exceed the Agency Head

Mississippi Code Annotated Section 25-3-39 establishes a ceiling for salaries in relation to the Governor's salary and that of the agency head. Please refer to this section when making salary decisions for agency heads and salaries that exceed the agency head and be advised that an employee's total compensation cannot exceed the agency head. In reference to the language contained within this statute, the Mississippi State Personnel Board reviews requests for salary exemptions for select classifications on a case-by-case basis and has determined that the salaries of physicians and actuaries are exempt from Section 25-3-39 of the Mississippi Code Annotated.

F. A current Performance Review System rating shall be on file and be provided with, or submitted prior to, requests for processing personnel actions.

All classifications are assigned to a Pay Plan and Grade as identified below:

Mississippi General Pay Plan
Grade	Minimum/Zone 1	Zone 2	Midpoint/Market	Zone 3	Maximum/Zone 4
20	$101,626.42	$111,789.07	$138,720.06	$152,592.08	$173,400.08
19	$91,555.33	$100,710.88	$124,973.03	$137,470.34	$156,216.29
18	$82,482.28	$90,730.52	$112,588.31	$123,847.16	$140,735.39
17	$74,308.36	$81,739.21	$101,430.91	$111,574.01	$126,788.64
16	$66,944.47	$73,638.93	$91,379.20	$100,517.13	$114,224.00
15	$61,416.94	$67,558.65	$83,834.13	$92,217.55	$104,792.66
14	$56,345.82	$61,980.41	$76,912.05	$84,603.26	$96,140.06
13	$51,693.41	$56,862.76	$70,561.51	$77,617.67	$88,201.89
12	$47,425.15	$52,167.68	$64,735.33	$71,208.87	$80,919.16
11	$43,509.31	$47,860.25	$59,390.21	$65,329.24	$74,237.76
10	$40,286.40	$44,315.05	$54,990.94	$60,490.04	$68,738.67
9	$36,624.00	$40,286.41	$49,991.76	$54,990.95	$62,489.70
8	$33,600.00	$36,960.01	$45,864.00	$50,450.41	$57,330.00
7	$31,111.11	$34,222.23	$42,466.67	$46,713.34	$53,083.33
6	$28,542.30	$31,396.54	$38,960.24	$42,856.28	$48,700.31
5	$26,185.60	$28,804.17	$35,743.34	$39,317.69	$44,679.18
4	$24,023.49	$26,425.84	$32,792.06	$36,071.27	$40,990.07
3	$22,039.90	$24,243.90	$30,084.46	$33,092.91	$37,605.57
2	$20,220.09	$22,242.11	$27,600.42	$30,360.47	$34,500.52
1	$18,216.30	$20,037.93	$24,865.24	$27,351.78	$31,081.55

Information Technology Pay Plan
Grade	Minimum/Zone 1	Zone 2	Midpoint/Market	Zone 3	Maximum/Zone 4
12	$101,657.06	$111,822.78	$138,761.89	$152,638.09	$173,452.36
11	$90,765.23	$99,841.77	$123,894.55	$136,284.01	$154,868.18
10	$82,513.85	$90,765.24	$112,631.41	$123,894.56	$140,789.26
9	$73,673.08	$81,040.40	$100,563.75	$110,620.14	$125,704.69
8	$65,779.54	$72,357.50	$89,789.07	$98,767.98	$112,236.33
7	$60,906.98	$66,997.69	$83,138.02	$91,451.84	$103,922.53
6	$55,877.96	$61,465.77	$76,273.42	$83,900.77	$95,341.77
5	$50,798.15	$55,877.97	$69,339.47	$76,273.43	$86,674.34
4	$44,954.11	$49,449.53	$61,362.36	$67,498.61	$76,702.95
3	$40,137.60	$44,151.37	$54,787.82	$60,266.62	$68,484.78
2	$36,160.00	$39,776.01	$49,358.40	$54,294.25	$61,698.00
1	$32,000.00	$35,200.01	$43,680.00	$48,048.01	$54,600.00

Medical Pay Plan
Grade	Minimum/Zone 1	Zone 2	Midpoint/Market	Zone 3	Maximum/Zone 4
11	$181,879.60	$200,067.57	$248,265.65	$273,092.22	$310,332.06
10	$151,566.33	$166,722.97	$206,888.04	$227,576.86	$258,610.05
9	$126,305.28	$138,935.81	$172,406.70	$189,647.38	$215,508.38
8	$104,384.53	$114,822.99	$142,484.88	$156,733.37	$178,106.10
7	$86,987.10	$95,685.82	$118,737.40	$130,611.15	$148,421.75
6	$75,640.96	$83,205.07	$103,249.91	$113,574.91	$129,062.39
5	$65,774.75	$72,352.23	$89,782.53	$98,760.79	$112,228.16
4	$55,741.31	$61,315.45	$76,086.89	$83,695.59	$95,108.61
3	$47,238.40	$51,962.25	$64,480.42	$70,928.47	$80,600.52
2	$38,720.00	$42,592.01	$52,852.80	$58,138.09	$66,066.00
1	$32,000.00	$35,200.01	$43,680.00	$48,048.01	$54,600.00

Special Compensation Plans Annual Review

Statement of Request:

Annual Special Compensation Plans Review for Fiscal Year 2025

Each fiscal year, agencies have the opportunity to request authority to implement, amend, or continue special compensation plans for the upcoming fiscal year. Special compensation plans are designed to compensate employees within selected occupational classes based on a demonstrated inability to compete satisfactorily for employees in terms of pay or availability, i.e., engineering, teaching, and nursing professions. For the most part, a special compensation plan serves to increase an employee's base salary as he/she gains experience in the position; however, some plans only grant special compensation while the employee is in a certain occupational title or is performing certain duties.

Appropriateness of Request:

As defined in the Mississippi State Personnel Board Policy and Procedures Manual, Section 5.8:

MSPB may establish, maintain, and amend special compensation plans within the Variable Compensation Plan to compensate employees within selected occupational classes based on a demonstrated inability to compete satisfactorily for employees in terms of pay or availability. Only special compensation plans reviewed prior to the start of the fiscal year and approved by MSPB for implementation or continuation during the fiscal year shall be certified. . ..

All requesting agencies have attested to the necessity of their respective special compensation plan(s) and have indicated the complications that would arise if the plan(s) were discontinued.

Requests for Continuation:

Academic Teachers, Speech Therapists, Speech Pathologists

Based on the adjusted scale for the 2022-2023 school year (as stated in Mississippi Code Annotated § 37-19-7) and pro-rated for a twelve-month school year.

Compulsory School Attendance Officers

Department of Education - as referenced in Section 37-13-89(6) of the Mississippi Code Annotated, "The State Personnel Board shall develop a salary scale for school attendance officers as part of the variable compensation plan... School attendance officers shall be paid in accordance with this salary scale..." This plan differentiates between employees with a bachelor's degree or less, those who are Licensed Social Workers, and those with a master's degree.

Engineers-in-Training

Department of Transportation - two plans in the area of professional civil engineering, which compensate graduate engineers during the four years they must work before being allowed to take the Professional Engineer examination.

Plan A, Bachelor of Science in Engineering

Plan B, Master of Science in Engineering

Department of Environmental Quality and Department of Health - one plan each in the area of environmental engineering, which compensates graduate engineers for the four years they must work before being allowed to take the Professional Engineer examination.

Geologist-in-Training

Department of Environmental Quality - compensates graduate geologists for the four years they must work before being allowed to take the Registered Professional Geologist examination.

Post-Secondary Maximum Reimbursement Salary Schedule

Department of Corrections - developed by the Department of Education as a means to reimburse institutions that employ post-secondary/vocational instructors. This plan is pro-rated to a twelve-month school year.

Type/Duty/Location

Department of Human Services, Department of Mental Health, and Mississippi Veterans' Affairs- form of special compensation designed to pay nurses in institutional settings (specifically, the juvenile training facilities, Mental Health facilities, and the State Veterans' Homes) a salary commensurate with other nurses in the same geographical vicinity of the institutions.

Department of Mental Health - form of special compensation designed to pay direct care workers and active treatment technicians at South Mississippi Regional Center and Specialized Treatment Facility.

Department of Public Safety - compensates officers assigned to the Motor Carrier Safety Assistance Program with up to an additional up to $1,000 per month. The goal of this federal program is to reduce commercial motor vehicle (CMV) related crashes, fatalities, and injuries through consistent, uniform, and effective CMV safety programs.

Department of Public Safety - special compensation of 10 percent for officers assigned to the Executive Protection Unit. This unit is responsible for providing personal protection and transportation for elected officials, their families, and other dignitaries as directed by the Commissioner of Public Safety.

Department of Public Safety -seven pay codes to recognize employees engaged in Traveling Criminal Apprehension Program, Criminal Reconstruction Unit, Public Affairs Officers, Special Operations Group, Special Weapons and Tactics, Honor Guard, and Motorcycle Unit.

Department of Corrections - form of special compensation designed to pay hazardous duty pay to Correctional Officers and Social Workers assigned to the maximum security units and the prisons under MDOC purview.

All Law Enforcement Agencies - Specialized Unit designation for officers required to perform duties beyond regular officers and/or at times outside of their normal work schedule.

High Turnover Families for All Agencies -Form of special compensation designed to incentivize recruitment and retention in the families listed below who have historically had high turnover and recruitment difficulties. In order to be eligible for this pay, employees and positions must be in the families listed below AND have made good faith recruitment efforts without success. Good faith effort includes, but is not limited to, multiple postings within a specific geographic area with fewer than 10 applicants. This form of additional compensation should only be utilized once all other mechanisms within the plan have been exhausted. The job families authorized for this pay include:

* Support Care (Direct Health Occupational Group)

* Benefits and Eligibility

* Social Services

* Transportation Infrastructure Maintenance

* Correctional Security

* Nursing

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27 Miss. Code. R. 130-D

Amended 7/1/2015

Amended 7/1/2016

Amended 7/1/2017

Amended 7/1/2018

Amended 7/1/2019

Amended 7/1/2021

Amended 1/1/2022

Amended 1/20/2023

Amended 7/3/2023

Amended 7/12/2024