Current through Rules and Regulations filed through March 20, 2024
(1)
Introduction. The State authorizes use of the incentive
compensation and awards, as outlined in this Rule, to support the recruitment
and retention of qualified talent. Each agency may adopt specific incentive
policies, procedures, or plans to implement incentive compensation and awards,
as long as they are consistent with this Rule. Incentive compensation and
awards are available through the following:
(a) Meritorious Award Program (including
Employee Suggestion Program),
(b)
Hiring Incentive Program, and
(c)
Goal-based Incentive Program.
Incentive compensation and award programs are funded by
individual agency budgets.
(2)
Applicability. The policies
and procedures within this Rule apply to all agencies of the Executive Branch,
local departments of Public Health, Authorities, Community Service Boards, and
other public corporations. This Rule does not apply to the Board of Regents of
the University System of Georgia, Legislative Branch entities, or Judicial
Branch entities.
(3)
Definitions. For the purposes of this Rule, the following terms
and definitions apply in addition to those in Rule
478-1-.02, Terms and
Definitions:
(a) "Agency" means, for
the purpose of this Rule, departments of the Executive Branch, local
departments of Public Health, authorities, Community Service Boards, and other
public corporations.
(b)
"Goal-based Incentive Program" is a program providing a one-time payment to
reward an employee for exceeding established revenue goals.
(c) "Hiring Incentive Program" is a program
providing a one-time payment to induce the employment of a prospective employee
with particularly desirable qualifications or for a position that is difficult
to fill.
(d) "Meritorious Award
Program" is a program providing awards to employees for extraordinary service,
acts, achievements, or suggestions outside regularly assigned duties.
(4)
Meritorious Award
Program.
(a) The Meritorious Award
Program includes two components.
1. Agencies
may use the first component to recognize an employee or group of employees who
go beyond the ordinary demands of the job in performing an extraordinary
service, act, or achievement. Possible awards include: certificates of merit,
pins, buttons, or other emblems. Lump sum payment awards are not
available.
2. The second component
is the Employee Suggestion Program for which lump sum payment awards are
available. (See section (5), below).
(b) Service, acts, or achievements deserving
of a meritorious award include, but are not limited to, the following:
1. Performing an act of heroism above and
beyond the normal demands of the job;
2. Responding in an extraordinary manner to
an unanticipated problem or opportunity on behalf of the agency;
3. Performing a service, act, or achievement
that particularly enhances public perception of the agency; or,
4. Obtaining innovative or unique success
when others' efforts have failed or it has been stated that the job could not
be done.
(c) The
appointing authority, or designee, within an agency that implements a
meritorious award program for extraordinary service, acts, or achievements,
will determine the manner for nominating employees and approving awards. Such
awards are considered pre-certified by the Commissioner of the Department of
Administrative Services (DOAS) and Director of the Office of Planning and
Budget (OPB).
(5)
Employee Suggestion Program.
(a)
The Employee Suggestion Program is a Meritorious Award Program used to
recognize employees who provide a suggestion or idea to improve operations
and/or efficiency that is implemented by an agency covered by this
Rule.
(b) Awards under the Employee
Suggestion Program include certificates of merit, pins, buttons, other emblems,
and the potential for a lump sum payment award. See Rule
478-1-.22, Employee Suggestion
Program, for more information on the criteria and administration of
the Employee Suggestion Program.
(c) Payments made under the Employee
Suggestion Program are included as salary in the pay period issued and are
taxed as such. They shall not, however, be included in the regular rate of pay
for purposes of calculating overtime or as earnable compensation for
determining retirement benefits.
(6)
Hiring Incentive Program.
(a) The Hiring Incentive Program is a
formalized incentive payment program designed to provide agencies greater
flexibility to hire prospective employees with particularly desirable
qualifications necessary to meet departmental business objectives.
(b) Hiring Incentive Payment. A hiring
incentive payment is a one-time payment for the hire of a prospective employee
with particularly desirable qualifications.
1. Agency policy may require hiring incentive
payment to be contingent upon the employee's agreement in writing to repay a
portion thereof upon separation if the employee does not remain employed a
minimum specified period. Such specified period and the repayment schedule are
determined at agency discretion.
2.
Funding for hiring incentive payments shall come from individual agency
budgets.
3. Hiring incentive
payments are included as salary in the pay period issued and are taxed as such.
They shall not, however, be included in the regular rate of pay for purposes of
calculating overtime or as earnable compensation for determining retirement
benefits.
(c) Hiring
Incentive Plan. For an agency to utilize hiring incentive payments, such agency
shall establish and maintain a certified Hiring Incentive Plan prior to such
utilization.
1. A Hiring Incentive Plan shall
list the jobs and/or positions the agency will make eligible for hiring
incentive compensation based on one or more of the criteria listed below in
(6)(c)2 and the incentive amount(s). Hiring incentive payments may only be used
for jobs and/or positions listed in the plan.
2. The Hiring Incentive Program may be used
to support hiring into one of the following types of positions:
(i) A position determined by the agency to be
hard-to-fill (such as a position that has been vacant an excessive period of
time with no qualified applicants, or that requires a skill set that is
unavailable or rare in a particular geographic area, etc.);
(ii) A position that is critical to a
facility meeting its accreditation standards;
(iii) A position that is critical to
maintaining public safety;
(iv) A
position with a required skill critical to the agency; or,
(v) A position that is associated with unique
preferred skills that are critical to the agency.
(d) Certification of Hiring
Incentive Plan. A Hiring Incentive Plan becomes effective upon certification by
the OPB Director, or designee, that funding is available, and certification by
the DOAS Commissioner, or designee, that the plan meets the criteria provided
in this Rule. OPB certification must be renewed for each fiscal year the plan
is to be effective. DOAS certification remains in effect until a substantive
change is made to the plan.
(7)
Goal-based Incentive
Program.
(a) The Goal-based Incentive
Program may be used by an agency to compensate an employee for generating or
securing income or revenue for the agency beyond predetermined and objectively
measurable goals.
(b) Goal-based
Incentive Payment. A Goal-based incentive payment is a one-time payment for
exceeding established revenue goals.
1.
Funding for Goal-based incentive payments shall come from individual agency
budgets.
2. Goal-based incentive
payments are included as salary in the pay period issued and are taxed as such.
Goal-based incentive payments are included in the regular rate of pay for
purposes of calculating overtime. They shall not, however, be included as
earnable compensation for determining retirement benefits.
(c) Goal-based Incentive Plan:
1. For an agency to issue a Goal-based
incentive payment, such agency shall establish and maintain a certified
Goal-based Incentive Plan prior to such payment.
2. A Goal-based Incentive Plan shall list the
eligible jobs and/or positions, terms and conditions of employee eligibility,
the revenue goal(s), and the amount(s) to be awarded to eligible employees who
meet the criteria. Goal-based incentives may be paid only to eligible employees
in jobs and/or positions listed in the plan.
(d) Certification of Goal-based Incentive
Plan. A Goal-based Incentive Plan becomes effective upon certification by the
OPB Director, or designee, that funding is available, and certification by the
DOAS Commissioner, or designee, that the plan meets the criteria provided in
this Rule. OPB certification must be renewed each fiscal year the plan is to be
effective. DOAS certification remains in effect until a substantive change is
made to the plan.
O.C.G.A. §§
45-20-3, 45-20-3.1, 45-20-4, 45-21-1, 45-21-2, 45-21-3, 45-21-4, 45-21-7, 45-21-8, 45-21-9.