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006.24.1-220.0.0. SALARIES OF CLASSIFIED EMPLOYEES

AR ADC 006.24.1-220.0.0Arkansas Administrative Code

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 24. Office of Personnel Management
Rule 1. Arkansas Human Resources Management System (Ahrms) Policy Manual (Refs & Annos)
Ark. Admin. Code 006.24.1-220.0.0
006.24.1-220.0.0. SALARIES OF CLASSIFIED EMPLOYEES
Section 220.1.0 Salary Determination (Determining Rates of Pay)
Section 220.1.1
The rate of pay to which a classified employee is entitled under current law.
Section 220.1.2
All of the following salary calculations are to be made without shift differential.
Section 220.2.0 New Hire
Section 220.2.1
Employees entering State service for the first time will be paid at Pay Level I of the grade assigned to the classification entered unless a special entry rate has been approved prior to the hire date. Employees may be paid at a rate less than Pay Level I provided the agency or institution does not have the funds and provided the employee agrees to accept the lower rate. The Agency Director or Institution Head will certify as to the shortage of funds and the employee will sign a certification of understanding and agreement to accept the lower rate of pay.
Section 220.3.0 Emergency Hire
Section 220.3.1
Emergency hire is the least desirable method of filling state positions. This method should only be used when the delay from the minimum advertising period will have an immediate effect on public peace, health and safety. The requesting agency must provide justification detailing the situation which constitutes an emergency.
Section 220.3.2
Agency directors shall certify that the qualifications of the applicant meet the minimum qualifications as stated on the classification specification.
Section 220.3.3
Emergency hire requests shall be submitted to the Office of Personnel Management and shall include:
• Emergency Hire Request Form (OPM Form 090)
• Completed State Application
• Detailed Justification
Upon approval of the emergency hire request, the agency shall attach a copy of the approved form (Form 090) to the Job Vacancy-Requisition Report (JVRR) and forward to the Employment Security Department.
EMERGENCY HIRE FORM-OPM Form 090
Section 220.4.0 Employees Returning Within Two Pay Periods
Section 220.4.1
Two pay periods consist of twenty consecutive working days for state agencies and institutions of higher education.
Section 220.4.2
The salary calculation for a former employee returning to state service within two pay periods will be processed as a transfer whether the re-employment is with the former agency/institution or in a different agency/institution.
Section 220.5.0 Employees Returning After Two Pay Periods
Section220.5.1
Employees returning to state service after two pay periods will be considered a rehire whether returning to the same agency or institution or in a different agency or institution.
Section 220.5.2
When a classified employee has been out of state service for more than two (2) pay periods and returns to state service, the rehired employee shall be eligible for a rate of pay equal to his/her exit salary. If a former or transferred employee was previously employed in an unclassified position, the employee shall be eligible for a rate of pay equal to his exit salary.
Section 220.5.3
An eligibility date will be established as of the rehire date. (Exception: See establishing increase eligibility dates “Reduction In Force” - Section 225.1.0)
Section 220.5.4
The rate of pay for a rehire may be adjusted to Pay Level I if the above calculations result in a rate of pay that is less than Pay Level I.
Section 220.5.5
Employees may be rehired up to their maximum eligibility based upon previous service. If employees are rehired at a rate less than their maximum eligibility, however, the rate at which they are rehired determines their beginning eligibility for their current period of employment. Employees returning as rehires may be placed at the maximum hourly rate for which they are eligible. If the agency wishes to pay the employee at a rate less than their maximum eligibility, an actual hourly rate must also be specified.
Section 220.5.6
For employees in classified positions who are terminated due to Reduction In Force, eligibility dates will be calculated according to provisions of Section 225.
Section 220.6.0 Transfer
Section 220.6.1
Employees transferring between state agencies and/or institutions without a break in service or employees returning to state service within two pay periods after termination are subject to this Policy Section.
Section 220.6.2
Employees transferring from one classified position to another at the same grade will remain at the same salary with no change in eligibility date. Employees transferring from one classified position to another at a higher or lower grade will be considered as being promoted or demoted as applicable.
Section 220.6.3
Employees transferring from an unclassified position to a classified position will have their rate of pay fixed at a rate within the grade for the new classification which does not exceed the salary previously earned, up to the maximum salary authorized for the position.
Section 220.6.4
Employees transferring or returning to state service within two pay periods will have all unused sick leave at the time of termination reinstated.
Section 220.6.5
Employees transferring from an unclassified position to a classified position establish an increase eligibility date one year from the date of transfer.
Section 220.6.6
Returning employees must meet all lump sum termination pay provisions. (See Section 105.7.0, Lump Sum Termination Pay)
Section 220.7.0 Promotions
Section 220.7.1
Upon promotion, change to a higher grade with significantly higher job duties, an employee's salary shall be calculated as follows:
Minor - promotion to a classification which is one grade higher than the former classification. The employee's maximum rate of pay shall be increased by six (6) percent.
Major - promotion to a classification which is two (2) or more grades higher than the former classification. The employee's maximum rate of pay shall be increased by eight (8) percent.
If the new rate of pay falls below Pay Level I for the new grade, the employee's rate of pay shall be adjusted to Pay Level I. However, the rate of pay may not exceed Pay Level IV of the new pay grade.
Section 220.7.2
The employee DOES NOT establish a new eligibility date.
Section 220.7.3
If the employee being promoted is receiving a shift differential, the salary adjustment is computed based on the rate of pay for which the employee would be eligible when not receiving the differential. Compute the new rate of pay according to promotion policy. An additional 5.5% percent may be given as shift differential if the employee meets the conditions for receiving Shift Differential Pay. (See Section 220.19.0)
Section 220.8.0 Demotions
Section 220.8.1
An employee who is demoted for cause or voluntarily solicits a demotion of one grade will receive a six (6%) percent salary reduction.
An employee who is demoted for cause or voluntarily solicits a demotion of two or more pay grades will receive an eight (8%) percent salary reduction.
If the new rate of pay is above Pay Level IV for the new grade, the employee's rate of pay shall be adjusted to Pay Level IV.
If the new rate is below Pay Level I for the new grade, the employee's rate of pay shall be adjusted to Pay Level I.
Section 220.8.2
A new increase eligibility date IS NOT established upon demotion.
Section 220.9.0 Expiration of Positions
Section 220.9.1
Employees placed in a lower graded position because the original position expired due to lack of funding, program changes or withdrawal of federal funds, may continue to be paid at the same rate. If that rate exceeds Pay Level IV in the new, lower grade, prior approval of the Office of Personnel Management, with the review of the Arkansas Legislative Council, is required to maintain that rate of pay.
Section 220.10.0 Reclassification
Section 220.10.1
The change in the assignment of a position from one classification title to another classification title of either a higher, lower or same grade when material and permanent changes in the duties and responsibilities of the position being recommended for reclassification have occurred.
Section 220.11.0 Reclassification To A Higher, Lower or Same Graded Position
Section 220.11.1
An employee whose position has been reclassified to a lower or same graded position shall maintain his/her current rate of pay.
Section 220.11.2
An employee whose position has been reclassified to a higher graded position shall be eligible for an additional six (6%) percent increase in his/her maximum annual salary. If this rate of pay falls below Pay Level I of the new grade, the employee's rate of pay shall be adjusted to Pay Level I.
Section 220.12.0 Class Upgrade
Section 220.12.1
The enactment of legislation which has the effect of raising the grade level assigned to a specific classification.
Section 220.12.2
The employee shall be eligible for an additional six (6%) percent increase in his/her maximum annual salary. If this rate of pay falls below Pay Level I of the new grade, the employee's rate of pay shall be adjusted to Pay Level I.
Section 220.13.0 Class Downgrade
Section 220.13.1
The enactment of legislation which has the effect of lowering the grade level assigned to a specific classification.
Section 220.13.2
An employee's rate of pay shall not change upon a class downgrade. If the employee's rate of pay in the higher grade falls above Pay Level IV in the lower grade, the employee will continue to receive the same rate of pay as that in the higher grade.
Section 220.14.0 Pay Plan Implementation
Section 220.14.1
The maximum rate of compensation for which an employee shall be eligible on July 1, 1999, shall be determined by increasing the employee's June 30th salary by two and eight tenths percent (2.8%). An employee whose salary falls below Pay Level I for the grade assigned to his classification may be adjusted to Pay Level I. All other employees shall be adjusted to their appropriate pay range for the grade assigned to their classification but may not exceed the maximum rate provided for that grade.
Section 220.15.0 Special Rates of Pay
Section 220.15.1
Special rates of pay are provided to attract employees to state service where it has been demonstrated that market conditions make it difficult to recruit at the normal entry rate, or where the applicant has exceptional qualifications.
Section 220.16.0 Exceptionally Well-Qualified Special Entry Rates
Section 220.16.1
In those instances where an applicant's background and experience qualifies him/her to perform the job with very little or substantially less orientation and training than other qualified applicants, the Office of Personnel Management may recommend and the Chief Fiscal Officer of the State may approve special entry rates up to Pay Level IIM. The Office of Personnel Management, with the review of the Arkansas Legislative Council, may approve special entry rates up to Pay Level IV. However, requests may be approved only after an agency provides documentation that no current employee could have been promoted as an equivalent alternative to the exceptionally well-qualified applicant Agencies and institutions must follow the procedures established by the Office of Personnel Management in requesting special entry rates for exceptionally well-qualified applicants. Current employees within the agency or institution shall be eligible for special entry rates when the agency or institution desires to obtain the services of an exceptionally well-qualified applicant. (See Form OPM 081)
EXCEPTIONALLY WELL QUALIFIED ENTRY RATE FORM - OPM Form 080
APPLICANT SUMMARY SHEET - OPM Form 081
Section 220.17.0 Prevailing Labor Market Rates - Special Entry Rates
Section 220.17.1
The Office of Personnel Management may recommend and the Chief Fiscal Officer of the State may approve special entry rates up to Pay Level IIM where an agency is unable to competitively recruit at the entry level for a specific classification title. The Office of Personnel Management, with the review of the Arkansas Legislative Council, may approve special entry rates up to the maximum Pay Level of the grade. Agencies and institutions must follow the procedures established by the Office of Personnel Management before requesting labor market special entry rates. (See Form OPM 085)
LABOR MARKET RATE FORM-OPM 085
Section 220.18.0 Moving Current Employees To An Approved Labor Market Special Entry Rate - State Agencies and Institutions of Higher Education
Section 220.18.1
Provided funds are available, the Office of Personnel Management may recommend and the Chief Fiscal Officer of the State may approve movement of current employees of state agencies and institutions of higher education to an approved labor market special entry rate up to Pay Level IIM. The Office of Personnel Management with the review of the Arkansas Legislative Council may approve movement of current employees of state agencies and institutions of higher education to an approved labor market special entry rate up to Pay Level IV. A current state employee who is promoted or demoted without prejudice to a classification with a labor market special entry rate must first be adjusted into the new grade following normal procedures. If this adjustment places the employee at a rate of pay lower than the rate provided for by the special entry rate, the agency or institution may move the employee to the special entry rate. (See Form OPM 095)
MOVEMENT OF CURRENT EMPLOYEES OPM FORM 095
Section 220.19.0 Shift Differential
Section 220.19.1
Agencies and institutions which routinely schedule more than one work shift per day may pay employees a Shift Differential. Unless Special Language in an agency or institution appropriation act permits otherwise, the following rules and restrictions shall govern the payment of Shift Differential:
A. Shift Rate: Employees may be paid up to 5.5 percent above the normal rate of pay for which they are eligible. If an employee is paid at Pay Level IV for their grade as regular compensation, an additional percentage, not to exceed 5.5 percent, may be allowed and shall not be considered as exceeding the maximum allowable rate for the grade.
B. Hours: For State agencies and institutions, shift work must begin not earlier than 2:30 p.m. and end no later than 8:00 a.m. the following day.
C. Assignment to Shift: Employees must be regularly assigned to a late shift or regularly assigned to a late shift on a scheduled rotating basis. Employees assigned on a rotating basis may be compensated at the shift rate on a pro-rata basis equal to the percentage of time spent working shift.
D. Removal from Shift: When an employee has been on the late shift and has been receiving the shift differential pay and is removed from shift work or reassigned to a normal shift, the employee's salary shall revert to the former rate of pay on the day of the change.
E. Authorization to Pay Shift Differential: The Chief Fiscal Officer may authorize state agencies to pay Shift Differential. For institutions, the Institution Head may authorize payment of Shift Differential but must report the classifications and number of employees in each class receiving Shift Differential to the Office of Personnel Management at the end of each biennium.
SHIFT DIFFERENTIAL FORM-OPM 060
Section 220.20.0 Administrative Errors Involving Pay
Section 220.20.1
The Office of Personnel Management will, upon written request, review and, if justified, authorize supplemental pay to correct administrative errors. Such payment shall not be considered retroactive pay and can be made to correct administrative errors within a fiscal year but not for a preceding fiscal year.
Section 220.21.0 Extra Help
Section 220.21.1
An extra-help employee must be assigned a current classification by the agency or institution since rates of pay for such employees must not exceed those provided in the Uniform Classification and Compensation Act, or its successor, for the appropriate classification. An employee transferring from an extra-help to a regular position must be placed at the minimum rate of pay for the assigned classification with the following exceptions:
A. The classification has a current labor market special entry rate.
B. The applicant has been approved for an exceptionally well-qualified special entry rate.
C. The applicant's adjustment is based on prior state service in a regular position.
D. The Office of Personnel Management has granted an exception due to special circumstances.
Section 220.22.0 Re-employment of Retirees by State Agencies.
Section 220.22.1
Former employees who retired from state government pursuant to Act 187 of 1987 (the Early Retirement Incentive Program) may not be re-employed by a state agency, institution, board or commission.
Section 220.22.2
Any former employee who retired from a state agency, institution, board or commission and is rehired shall be paid the current entry rate for the classification in which they are hired unless the rehiring agency requests: (1) a special entry rate based on Labor Market conditions, or (2) an exceptionally well-qualified special entry rate. A retiree who is rehired and placed in a regular position may be rehired at his/her exit salary as long as the salary does not exceed pay level IV of the position they are re-employed. The retiree shall be considered a new hire or a rehire and eligible for benefits (insurance, sick leave, annual leave, career service bonus, etc.), consistent with state policy. Participation in one of the State-sponsored retirement systems is excluded unless specifically requested by the rehired retiree and approved by the appropriate retirement system.
Section 220.22.3
Any former employee who retired from a state agency, institution, board, or commission and is rehired in an extra-help position is ineligible for benefits except holiday pay if in pay status on the last scheduled work day before the holiday and at least one hour on the first scheduled day after the holiday.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.24.1-220.0.0, AR ADC 006.24.1-220.0.0
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