Mo. Code Regs. tit. 1 § 20-2.020

Current through Register Vol. 49, No.12, June 17, 2024

Section 1 CSR 20-2.020 - The Pay Plan

PURPOSE: This amendment revises this rule pursuant to changes to Chapter 36, RSMo made by Senate Bill 1007 (2018).

(1) Effect of Amendments, Revisions, and Additions. When amendments or revisions to the pay plan are effective, rates of pay of employees are adjusted in the amended scale comparable to the prior scale. A lesser adjustment may be specifically requested and justified by an appointing authority and approved by the director. This approval is conditioned upon uniformity of treatment for all employees of a division of service. When a new or revised class of positions is established in the classification plan, the director recommends for approval of the board an appropriate pay range within the pay plan.

(2) Administration. The implementation and ongoing administration of the pay plan will be conducted in a manner which promotes efficient and effective practice of personnel administration.

The pay plan will be administered in accordance with the following provisions:

(A) Salary Advancements. Salary advancements within the pay range for the class occupied by an employee are of three (3) types: probationary salary advancements, specific salary advancements authorized during a fiscal year, and discretionary salary advancements, administered in accordance with the following provisions:

1. A probationary salary advancement of up to four percent (4%) is permitted for an employee upon successful completion of the original probationary period. As used in this paragraph, successful completion means the granting of regular employee status to a probationary employee, rather than the evaluation attained in the performance appraisal. An appointing authority may grant a probationary salary advancement of up to four percent (4%) following successful completion of a promotional probationary period or completion of six (6) months of service following upward reclassification;

2. Within-grade, market progression, or other specific salary advancements which are only authorized during a fiscal year when specific funding has been appropriated for all agencies. When such funding is approved and appropriated by the legislature, the Personnel Advisory Board will issue guidelines and instructions for implementation of these provisions. Within-grade, market progression, or other specific salary advancements may be for varying amounts or percentages within the range for the class, and may be based on length of total state service, performance appraisal, time in class, relative market position within the range, or any combination of these or other factors;

3. Discretionary salary advancements may be granted by an appointing authority as warranted by the needs of the service; and

4. The probationary salary advancement and the specific salary advancement authorized during a fiscal year as described in paragraphs (2)(A)1. and 2. will be given to eligible employees to the extent that funds are available for implementation of these provisions. No employee can be denied a probationary salary advancement or specific salary advancement authorized during a fiscal year as described in paragraphs (2)(A)1. and 2. in order to provide a salary advancement to another employee authorized under paragraph (2)(A)3.;

(B) The provisions of this rule pertaining to salary advancements do not apply to salary adjustments made in accordance with section (1) when revisions occur in the pay plan;

(C) Pay Rates in Transfer, Promotion, Reclassification, or Demotion. If an employee is transferred, promoted, reclassified, or demoted, the employee's rate of pay is determined as follows:

1. If the rate of pay in the previous class is less than the minimum rate established for the new class, the rate of pay is advanced to at least the minimum for the new class;

2. If the rate of pay in the previous class is more than the maximum rate for the new class, the pay is reduced to the maximum rate for the new class or lower for purposes of equity, except as provided for in paragraph (2)(C)4. of this rule;

3. If the rate of pay in the previous class falls within the range of pay for the new class, the salary rate will depend on the type of personnel transaction. In the case of transfer or lateral reclassification, the salary rate remains the same unless otherwise provided by the appointing authority due to equity considerations. In the case of promotion or upward reclassification, the salary rate may be increased. In the case of downward reclassification, voluntary demotion, or demotion for cause, the salary rate may be reduced as justified by the difference in salary levels between the class to which demoted and the class previously held, or for purposes of equity. At the discretion of the appointing authority, the salary rate in the case of voluntary demotion or downward reclassification may remain unchanged; and

4. If the rate of pay in the previous class is more than the maximum rate established for the new class, a salary rate above the maximum rate for the new class may be approved in accordance with the following provisions:

A. Where a department, division, work unit, class of employees, or other entity of state government is initially made subject to the classification provisions of the State Personnel Law, the Personnel Advisory Board may approve salary rates above the established maximum rates for the affected employees in job classes to which the newly-allocated positions are assigned. Similarly, if a series of classes or a single class of positions within the classification plan is restructured, altered, or abolished, the Personnel Advisory Board may approve above-the-maximum rates for affected employees, upon recommendation of the appointing authority. In each case where an above-the-maximum rate has been authorized by the Personnel Advisory Board, the rate of pay will be clearly recorded as an over-the-range rate, and the affected employee will not be eligible for any additional type or amount of salary adjustment or advancement until the rate of pay falls within the range of pay for the class to which the position is allocated;

B. Where a position is reallocated to a lower class by action of an appointing authority under delegated allocation authority or by the Division of Personnel, the appointing authority, with approval of the personnel director, may elect to continue the incumbent employee's rate of compensation at the above-the-maximum rate, establish a lower rate of pay which exceeds the established maximum for the class, or reduce the salary to an equitable rate within the authorized range of pay for the lower class as provided for in paragraph (2)(C)2. If the appointing authority elects to establish an above-the-maximum rate, the rate of pay will be clearly recorded as an over-the-range rate, and the affected employee will not be eligible for any additional type or amount of salary adjustment or advancement until that time as his/her rate of pay falls within the range of pay for the class to which the position is allocated; and

C. An over-the-range rate established under subparagraphs (2)(C)4.A. and B. will continue while the employee remains in the same, comparable, or higher classification in the same department. The payment of a differential authorized by the Personnel Advisory Board will be allowed where applicable, and the salary of an affected employee who enters or exits a position covered by this differential will be adjusted in a manner consistent with agency policy and practice. Where an employee receiving an over-the-range rate of pay maintains continuous state employment but accepts a position in the same, comparable, or higher classification in another department covered by the classification and pay provisions of the State Personnel Law the appointing authority of the receiving agency has the discretion to continue the authorized over-the-range rate, to establish a lower rate of pay which exceeds the established maximum for the class, or to reduce it to an equitable rate within the authorized range of pay for the class. Once the range of pay for the class occupied by the employee can accommodate the rate of pay, the over-the-range rate will be void and the employee's compensation will be subject to the provisions contained elsewhere in the rules; and

(D) Total Remuneration. The salary rate established in the pay plan is intended as remuneration for the performance of full-time work in accordance with 1 CSR 20-5.010(1)(A). Employees may receive additional payments as follows: overtime payments in accordance with 1 CSR 20-5.010(1); pay differentials and performance incentive payments as authorized by the Personnel Advisory Board; suggestion award payments authorized by section 36.030, RSMo, of the State Personnel Law; reimbursement for official travel as permitted by 1 CSR 10-11.010; and nonmonetary income or fringe benefits, which represent provisions made to an employee primarily for the benefit of the state. Subsistence deductions from the pay of an employee for articles provided at a state-owned facility primarily for the benefit of the employee are not considered to be a reduction in total remuneration of the employee.

(3) Reports. The director will prescribe the necessary mecha-nism(s) for reports of all personnel changes in the service. These will provide the instructions for submitting the supporting or otherwise pertinent information as the director may deem to be needed. The instructions to appointing authorities will explain which of the changes call for prior approval of the director before they may become effective, which of them require reports when made, and which of them need to be reported sufficiently in advance of the end of the payroll period to permit them to be given effect in the checking and approval of the next payroll.

1 CSR 20-2.020

AUTHORITY: sections 36.060 and 36.070, RSMo Supp. 1995.* Original rule filed July 9, 1947, effective July 19, 1947. Amended: Filed March 25, 1948, effective April 4, 1948. Amended: Filed June 1, 1954, effective June 11 , 1954. Amended: Filed Nov. 1, 1956, effective Nov. 11 , 1956. Amended: Filed Dec. 22, 1960, effective Jan. 1, 1961. Amended: Filed June 12, 1972, effective July 1, 1972. Amended: Filed June 18, 1973, effective July 1, 1973. Amended: Filed April 23, 1974, effective May 2, 1974. Amended: Filed Dec. 8, 1975, effective Dec. 19, 1975. Amended: Filed Dec. 13, 1978, effective April 12, 1979. Emergency amendment filed Sept. 13, 1979, effective Sept. 28, 1979, expired Jan. 25, 1980. Amended: Filed Oct. 12, 1979, effective Jan. 15, 1980. Emergency amendment filed June 12, 1981, effective July 1, 1981, expired Oct. 28, 1981. Amended: Filed June 12, 1981, effective Sept. 15, 1981. Amended: Filed June 2, 1988, effective Oct. 1, 1988. Amended: Filed Feb. 27, 1989, effective July 1, 1989. Amended: Filed June 26, 1989, effective Oct. 29, 1989. Amended: Filed Sept. 29, 1989, effective Jan. 1, 1990. Amended: Filed Feb. 25, 1992, effective Aug. 6, 1992. Amended: Filed July 6, 1993, effective Jan. 31, 1994. Amended: Filed July 21, 1994, effective Feb. 26, 1995. Amended: Filed May 15, 1996, effective Nov. 30, 1996.

Amended by Missouri Register January 15, 2019/Volume 44, Number 2, effective 2/28/2019

*Original authority: 36.060, RSMo 1945, amended 1979, 1993, 1995 and 36.070, RSMo 1945, amended 1979, 1995.