Current through Register Vol. 50, No. 9, March 1, 2024
RELATES TO:
KRS
18A.030(2),
18A.110,
18A.165,
29 U.S.C. sec.
201, et seq.
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
18A.110 requires the Secretary of Personnel
to promulgate administrative regulations which govern the pay plan for all
employees in the classified service. This administrative regulation establishes
requirements to assure uniformity and equity in administration of the pay plan
in accordance with statutory requirements.
Section
1. New Appointments.
(1) An
appointing authority shall appoint a new employee at a salary not to exceed the
midpoint of the pay grade.
(2) The
appointing authority shall adjust to that salary an employee who is not on
initial or promotional probation and is earning less than the new appointee's
salary, if the appointing authority determines that the incumbent employee:
(a) Is in the same job
classification;
(b) Is in the same
department or office;
(c) Is in the
same work county; and
(d) Has a
similar combination of education and experience relating to the relevant job
class specification.
(3)
If sufficient funds are available, the appointing authority may identify each
incumbent employee affected by subsection (2) of this section whose salary is
less than five (5) percent above the appointment salary assigned to the new
employee. The appointing authority may adjust all affected incumbent employees'
salaries to five (5) percent above the new appointee's salary.
Section 2. Reentrance to
Classified Service.
(1) Returning retirees. An
employee who was formerly employed under KRS Chapter 18A and who is appointed
to a position covered by the provisions of KRS Chapter 18A while receiving
retirement payments through the Kentucky Public Pensions Authority or Kentucky
Teachers Retirement System shall be appointed in accordance with the provisions
for new appointments in this administrative regulation.
(2) Other reentering employees.
(a) Former classified employees. An
appointing authority shall set the salary of a former classified employee,
other than a returning retiree, who is being reemployed, reinstated after a
break in continuous employment in the classified service, or probationarily
appointed in one (1) of the following ways:
1.
a. In accordance with the standards used for
making new appointments in this administrative regulation;
b. Up to the same salary as that paid at the
time of separation from the classified service, if that salary does not exceed
the midpoint salary plus the difference, in dollars, between the job class
entry level salary and the pay grade midpoint salary; or
c. The same salary as that paid at the time
of separation from the classified service if the employee is returning to the
same pay grade or same job classification held at the time of separation from
the classified service.
2. If sufficient funds are available, the
appointing authority may identify each incumbent employee affected by Section
1(2) of this administrative regulation who is not on initial or promotional
probation at the time the salary adjustment becomes effective. For all affected
incumbent employees whose salary is less than five (5) percent above the
appointment salary assigned to the new employee, the appointing authority may
adjust all affected incumbent employees' salaries to five (5) percent above the
new appointee's salary on that same effective date. An adjustment made pursuant
to this subparagraph shall not exceed the midpoint salary plus the difference,
in dollars, between the job class entry level salary and the pay grade midpoint
salary.
(b) Former
unclassified employees with prior classified service. An appointing authority
shall set the salary of a former classified employee who moved to the
unclassified service and who is reinstated, reemployed, or probationarily
appointed to a position in the classified service in one (1) of the following
ways:
1.
a.
In accordance with the standards for making new appointments;
b. Up to the same salary as that paid at the
time of separation from the classified service, if that salary does not exceed
the pay grade midpoint salary plus the difference, in dollars, between the job
class entry level salary and the pay grade midpoint salary;
c. At a salary that is the same as the salary
the employee last received in the classified service with adjustments for
increases that would have been received if the employee had remained in the
classified service prior to resignation if the salary does not exceed the pay
grade midpoint salary plus the difference, in dollars, between the job class
entry level salary and the pay grade midpoint salary; or
d. At a salary up to five (5) percent above
the pay grade entry level wage for each year of service in the KRS Chapter 18A
system, if the salary does not exceed the pay grade midpoint salary plus the
difference, in dollars, between the job class entry level salary and the pay
grade midpoint salary. Salary shall be calculated using whole
percentages.
2. If
sufficient funds are available, the appointing authority may identify each
incumbent employee affected by Section 1(2) of this administrative regulation
who is not on initial or promotional probation at the time the salary
adjustment becomes effective. For all affected incumbent employees whose salary
is less than five (5) percent above the appointment salary assigned to the new
employee, the appointing authority may adjust all affected incumbent employees'
salaries to five (5) percent above the new appointee's salary on that same
effective date. An adjustment made pursuant to this subparagraph shall not
exceed the midpoint salary plus the difference, in dollars, between the job
class entry level salary and the pay grade midpoint salary.
(c) Former unclassified employees
with no previous classified service. An appointing authority shall set the
salary of a former unclassified employee with no previous classified service,
who is probationarily appointed or reemployed, in one (1) of the following
ways:
1.
a.
In accordance with the standards for making new appointments; or
b. At a salary up to five (5) percent above
the minimum salary for each year of service in the unclassified service, if the
salary does not exceed the pay grade midpoint salary plus the difference, in
dollars, between the job class entry level salary and the pay grade midpoint
salary. Salary shall be calculated using whole percentages.
2. If sufficient funds are
available, the appointing authority may identify each incumbent employee
affected by Section 1(2) of this administrative regulation who is not on
initial or promotional probation at the time the salary adjustment becomes
effective. For all affected incumbent employees whose salary is less than five
(5) percent above the appointment salary assigned to the new employee, the
appointing authority may adjust all affected incumbent employees' salaries to
five (5) percent above the new appointee's salary on that same effective date.
An adjustment made pursuant to this subparagraph shall not exceed the midpoint
salary plus the difference, in dollars, between the job class entry level
salary and the pay grade midpoint salary.
(d) Laid off employees. A former employee,
separated from the classified service by layoff and reinstated or reemployed in
the same or similar job classification within five (5) years from the date of
layoff, may receive the salary the employee was receiving at the time of
layoff, even if the salary is above the maximum of the pay grade.
(3) Probationary increments upon
reentrance to state service. A former employee who is probationarily appointed
at a salary at or below the midpoint of the pay grade shall receive a
probationary increment upon successful completion of the probationary
period.
Section 3.
Salary Adjustments.
(1) Promotion.
(a) An employee who is promoted shall receive
the greater of five (5) percent for each grade, or an increase to the minimum
of the new grade except as provided under subsections (2)(b), (3)(b), and
(4)(b) of this section; or
(b) If
sufficient funds are available, an appointing authority may adjust the
employee's salary up to the midpoint of the pay grade if the increase is
greater than the increase specified in paragraph (a) of this
subsection.
(2)
Demotion.
(a) If an employee is demoted, the
appointing authority shall determine the salary in one (1) of the following
ways:
1. The employee's salary shall be
reduced by five (5) percent for each grade the employee is reduced;
or
2. The employee shall retain the
salary received prior to demotion. If the employee's salary is not reduced upon
demotion, the appointing authority shall explain the reason in writing and
place the explanation in the employee's personnel files.
(b) An employee whose salary is not reduced
by five (5) percent per grade upon demotion shall not be eligible for a salary
increase upon promotion, reclassification, detail to special duty,
reallocation, pay grade change, or successful completion of promotional
probation until the employee is moved to a job classification with a higher pay
grade than that from which he or she was demoted. If a promotion,
reclassification, detail to special duty, reallocation, or pay grade change
occurs, it shall be deemed as having been made from the grade from which the
employee had been demoted.
(c) Upon
the salary schedule adjustment of an entry level wage of a pay grade, if an
employee demoted to a lower pay grade, retained his or her salary, and was
subsequently promoted and on promotional probation on the effective date of the
new salary schedule, if the employee's salary is less than five (5) percent
above the new entry level salary of the pay grade assigned to that employee on
the effective date, the Personnel Cabinet shall adjust that employee's salary
to five (5) percent above the new entry level wage.
(3) Reclassification.
(a) An appointing authority shall adjust the
salary of an employee who is advanced to a higher pay grade through
reclassification in one (1) of the following ways:
1. The greater of five (5) percent for each
grade or the new grade minimum except as provided under subsections (2)(b) and
(4)(b) of this section, and paragraph (b) of this subsection; or
2. If sufficient funds are available, up to
the midpoint of the pay grade if the increase is greater than the increase
specified in subparagraph 1. of this paragraph.
(b) An employee who is placed in a lower pay
grade through reclassification shall receive the same salary received prior to
reclassification, but shall not be eligible for a salary increase upon
promotion, reclassification, detail to special duty, reallocation, pay grade
change, or successful completion of promotional probation until the employee is
moved to a job classification with a higher pay grade than that from which he
or she was reclassified. If a promotion, reclassification, detail to special
duty, reallocation, or pay grade change occurs, it shall be deemed as having
been made from the grade from which the employee had been
reclassified.
(c) If sufficient
funds are available, an appointing authority may adjust up to the midpoint of
the pay grade the salary of an employee who is placed in the same pay grade
through reclassification.
(d) An
employee shall not be reclassified from a job classification that does not
require the supervision of employees to a job classification that requires the
supervision of employees as mandated within the job class
specification.
(4)
Reallocation.
(a) An employee who is advanced
to a higher pay grade through reallocation shall receive the greater of five
(5) percent for each grade or the new grade minimum except as provided under
subsections (2)(b) and (3)(b) of this section, and paragraph (b) of this
subsection.
(b) An employee who is
placed in a lower pay grade through reallocation shall receive the same salary
received prior to reallocation, but shall not be eligible for a salary increase
upon promotion, reclassification, detail to special duty, reallocation, pay
grade change, or successful completion of promotional probation until he or she
is moved to a job classification with a higher pay grade than that from which
he or she was reallocated. If a promotion, reclassification, detail to special
duty, reallocation, or pay grade change occurs, it shall be deemed as having
been made from the grade from which the employee had been
reallocated.
(5) Detail
to special duty.
(a) An employee who is
approved for detail to special duty shall receive, during the period of detail,
the greater of five (5) percent for each grade or the new grade minimum except
as provided under subsections (2)(b), (3)(b), and (4)(b) of this
section.
(b) If sufficient funds
are available, an appointing authority may adjust the salary of an employee who
is placed in the same pay grade or higher pay grade through detail to special
duty, up to the midpoint of the pay grade, if the increase is greater than the
increase specified in paragraph (a) of this subsection.
(c) An employee who is approved for detail to
the same or lower pay grade shall receive the same salary received prior to
detail except as provided under paragraph (b) of this subsection.
(6) Reversion.
(a) The salary of an employee who is reverted
while serving a promotional probationary period, or following detail to special
duty in a higher pay grade, shall be adjusted to:
1. The salary received prior to the promotion
or detail; and
2. All salary
advancements and adjustments which would have been awarded if the promotion or
detail had not occurred.
(b) The salary of an employee who is reverted
from a position in the unclassified service to a position in the classified
service shall be adjusted to:
1. The salary
received prior to leaving the classified service; and
2. All salary advancements and adjustments
which would have been awarded if the individual had remained in the classified
service.
(c) The
increment date of an employee who is reverted from a position in the
unclassified service to a position in the classified service shall be restored
to the increment date set prior to leaving the classified service.
(7) Pay grade changes.
(a) If a job classification is assigned to a
higher pay grade, except as provided under subsections (2)(b), (3)(b), and
(4)(b) of this section, the appointing authority shall raise the salary of an
employee below the new grade minimum to the new grade minimum. If sufficient
funds are available, an appointing authority may uniformly adjust the salary of
all employees in that agency in that job classification to:
1. The greater of the new grade minimum or
five (5) percent per pay grade;
2.
The greater of the new grade minimum or ten (10) percent per pay grade;
or
3. At a percentage determined by
the Personnel Cabinet.
(b) If a job classification is assigned to a
lower pay grade, an employee in that job classification shall retain his or her
current salary.
(8)
Special entrance rates. If a special entrance rate is established for a job
classification, an appointing authority shall adjust the salary of an employee
in that job classification who is below the special entrance rate to the new
rate. If sufficient funds are available, on the same date as the establishment
of the special entrance rate, an appointing authority may uniformly grant to
all employees in that job classification, except those employees who are on
initial probation, a salary adjustment equal to the difference between the
entrance of the pay grade and the new entrance rate.
(9) Other salary adjustments.
(a) On the 16th of a month, an appointing
authority may grant a salary adjustment to all employees in a job
classification within an agency who were eligible for, but did not receive, a
five (5) percent per pay grade increase or ten (10) percent per pay grade
increase as a result of a grade change applicable to the job classification, on
or after January 1, 1999. The total adjustment granted at the time of the grade
change and under this paragraph shall equal a five (5) percent per pay grade
increase or ten (10) percent per pay grade increase to the employee's salary
immediately prior to the grade change. The adjustment shall not be
retroactive.
(b) If sufficient
funds are available, an appointing authority may adjust the salary of one (1)
or more employees with status in an office or department due to internal pay
equity issues within a job classification or sustained retention issues
impacting the mission of the agency.
1. The
appointing authority shall substantiate in writing to the secretary the need
for adjustment and include the proposed adjustment for each employee.
2.
a. An
adjustment shall be any amount that does not cause an employee's hourly rate to
exceed the midpoint of the pay grade; or
b. An adjustment that causes an employee's
hourly rate to exceed the midpoint of the pay grade shall not exceed
twenty-five (25) percent of the employee's hourly pay rate.
(10)
Conversion rule. The salary of an employee whose position changes from a
thirty-seven and one-half (37.5) hour workweek to a forty (40) hour workweek,
or vice versa, shall be converted to accurately reflect the employee's hourly
rate of base pay. This conversion shall be applied before applying any other
salary adjustment to which the employee is entitled pursuant to this
section.
Section 4.
Salary Advancements.
(1) Initial probation
increase. A full-time or part-time employee who completes an initial
probationary period shall be granted a five (5) percent salary advancement on
the first of the month following completion of the probationary
period.
(2) Promotional probation
increase. An employee shall receive a five (5) percent salary advancement on
the first of the month following completion of the promotional probationary
period except as provided under Sections 3(2)(b), 3(3)(b), and 3(4)(b) of this
administrative regulation.
(3) An
employee who separates prior to the first of the month following completion of
a probationary period shall forfeit the five (5) percent salary
advancement.
(4) Annual increment
dates shall be established as follows:
(a)
Upon completion of an initial probationary period;
(b) When a former employee has been
probationarily appointed and has received compensation in any twelve (12)
months without receiving an increment; or
(c) When an employee returns from leave
without pay under the provisions of subsection (6) of this section.
(5) Annual increment dates shall
not change if an employee:
(a) Is in a
position which is assigned a new or different pay grade;
(b) Receives a salary adjustment as a result
of a reallocation;
(c) Is
promoted;
(d) Is
transferred;
(e) Is
demoted;
(f) Is detailed to special
duty;
(g) Receives an educational
achievement award;
(h) Returns from
military leave;
(i) Is
reclassified;
(j) Receives a
promotional increase after completion of a promotional probationary period;
or
(k) Is reemployed after
layoff.
(6) Return from
leave without pay. An employee returning to duty from leave without pay shall
receive an annual increment on the first of the month after receiving
compensation in any twelve (12) months since the last increment was
received.
(7) Service computation.
Full-time and part-time service shall be counted in computing service for the
purpose of determining increment eligibility.
(8) Order of calculating increments and other
salary increases which occur at the same time. If an employee's increment date
occurs on the same date that a salary adjustment or advancement is granted, the
increment shall be applied before the adjustment or advancement is added to the
employee's salary, except if the adjustment is based on a reversion, pay grade
change, a salary schedule change, or establishment of a special entrance
rate.
Section 5.
Educational Achievement Award.
(1) On the 16th
of a month, an appointing authority may grant a five (5) percent increase to an
employee's base salary based on educational achievement as specified in this
section.
(2) An agency may elect
not to participate in the educational achievement program if sufficient funds
are not available.
(3) An employee
shall not receive more than one (1) educational achievement award in a fiscal
year.
(4) An employee shall not
receive an educational achievement award and an adjustment for continuing
excellence (ACE) based on the same training.
(5) By submitting a personnel action to grant
an educational achievement award, the appointing authority shall certify that
all of the qualifying conditions established by this section for the
appropriate type of educational achievement award have been met.
(a) For a high school diploma, high school
equivalency certificate, or a passing score on the GED test, the qualifying
conditions shall be met if:
1. The employee
has obtained the high school diploma, equivalency certificate, or passing score
on the GED test:
a. Outside of work
hours;
b. While in state service;
and
c. After establishing an
increment date;
2. The
employee has not previously attained a high school diploma, equivalency
certificate, or passing score on the GED test; and
3. The employee has not completed college
coursework on the undergraduate or graduate level prior to obtaining the high
school diploma, equivalency certificate, or a passing score on the GED
test.
(b) For
postsecondary education or training, the qualifying conditions shall be met if:
1. The employee has completed 260 hours of
job-related instruction, or the equivalent;
2. The employee began the course work after
becoming a state employee and completed the course work after establishing an
increment date;
3. The employee has
completed the course work within five (5) years of the date on which it was
begun;
4. The course work has not
previously been applied toward an educational achievement award;
5. The agency has not paid for the course
work or costs associated with it, in whole or in part; and
6. The employee was not on educational or
extended sick leave when the courses were taken.
Section 6. Salary
Schedule Adjustment.
(1) If the secretary
authorizes an adjustment of a salary schedule, an appointing authority shall
adjust the salaries of all employees below the new schedule entry level wage
for the pay grade to the new schedule entry level wage for the pay grade. If
sufficient funds are available, the secretary may authorize an appointing
authority to grant a salary increase for all employees equal to the difference
in the old schedule entry level wage for the grade and the new schedule entry
level wage for the grade.
(2) After
consultation with the state budget director, if sufficient funds are available,
and the Secretary of Personnel determines that an increase in the entry level
wage of one (1) or more pay grades is warranted, the Personnel Cabinet shall
identify each currently active employee in the pay grade(s), other than an
interim employee, who is not on initial or promotional probation at the time
the revised salary schedule becomes effective. For an employee whose salary is
less than five (5) percent above the new entry level wage of the pay grade
assigned to that employee on the effective date, the Personnel Cabinet shall
adjust that employee's salary to five (5) percent above the new entry level
wage.
Section 7. Paid
Overtime.
(1) Overtime for which pay is
authorized shall be in accordance with
101 KAR 2:102, Section 5, and the
Fair Labor Standards Act, 29
U.S.C. Section 201, et seq., as
amended.
(2) Eligibility for
overtime pay shall be approved by the appointing authority, and shall be
subject to review by the Secretary of Personnel.
(3) An employee who is eligible for overtime
shall request permission from or be directed in advance by the supervisor to
work overtime.
(4) An overtime
payment shall not be added to base salary or wages.
Section 8. Maintenance and Maintenance
Allowance. If an employee, or the employee and family, is provided with full or
partial maintenance, consisting of one (1) or more meals per day, lodging or
living quarters, and domestic or other personal services, the maintenance shall
be treated as partial payment of wages. The value of those services shall be
deducted from the employee's salary in accordance with a maintenance schedule
developed by the appropriate appointing authority after consultation with the
Secretary of the Finance and Administration Cabinet.
Section 9. Supplemental Premiums.
(1) Locality premium.
(a)
1. Upon
request by an appointing authority, the secretary may authorize and establish
the amount of the payment of a locality premium for an employee who is
regularly, temporarily, or intermittently assigned to work in a job
classification, work county, and organizational unit if the agency can
demonstrate sustained recruitment and retention issues impacting the mission of
the agency; or
2. The secretary may
direct the payment of a locality premium for an employee who is regularly,
temporarily, or intermittently assigned to work in a job classification, work
county, and organizational unit if there are demonstrated sustained recruitment
and retention issues impacting the mission of the agency.
(b) Once authorized or directed, this premium
shall apply to all employees in that organizational unit who are regularly or
temporarily assigned to work in the job classification and work county for
which the locality premium is approved.
(c) An employee shall not receive a locality
premium after transfer, reclassification, reallocation, detail to special duty,
promotion or demotion to a position in a job classification, organizational
unit, or work county that is ineligible for a locality premium.
(d) The secretary may rescind authorization
to pay a locality premium for a job classification at any time.
(e) Locality premium pay shall not be
considered a part of base pay or wages and shall not be applied to any leave
time usage.
(2) Shift
premium.
(a) Upon request by an appointing
authority, the secretary may authorize the payment of a supplemental premium
for an employee who is regularly assigned to work an evening or night shift in
that agency.
(b) Once authorized,
this premium shall apply to all employees in that agency who are regularly
assigned to work an evening or night shift in a job classification for which
the shift premium is approved.
(c)
An employee shall not receive a shift premium after shift reassignment,
transfer, promotion or demotion to a position that is ineligible for a shift
differential premium.
(d) The
secretary may rescind authorization to pay shift premium for a job
classification at any time.
(e)
Shift differential pay shall not be considered a part of base pay or wages and
shall not be applied to any leave time usage.
(3) Weekend premium.
(a) Upon request by an appointing authority,
the secretary shall authorize the payment of a weekend premium for an employee
in a specific job classification who is regularly assigned to work on
Saturdays, Sundays, or state holidays as part of the usual work week.
(b) Once authorized, the premium shall apply
to all employees in the specified job classifications in that agency who are
regularly assigned to work Saturdays, Sundays, or state holidays as part of
their usual work week.
(c) An
employee shall not receive a weekend premium after reassignment, transfer,
promotion, or demotion to a position that is ineligible for weekend
premium.
(d) The secretary may
rescind authorization to pay weekend premium at any time.
(e) Weekend premium pay shall not be
considered part of the employee's base salary or wages and shall not be applied
to any leave time usage.
(f) An
agency may request, and be authorized for, both shift premium and weekend
premium for the same job classifications.
(4) Multilingual hourly premium.
(a) Upon request by an appointing authority,
the secretary may authorize the payment of a supplemental multilingual hourly
premium for an employee who is assigned to complete work duties in a specified
foreign language. An employee completing work duties in a specified foreign
language shall receive a multilingual hourly premium based on the percentage of
time multilingual skills are performed. An employee in a job classification
that includes interpreting services as a characteristic of the job on the job
class specification shall not be eligible for this premium.
(b) Language proficiency testing shall be
completed prior to an employee receiving the multilingual hourly premium.
Testing shall indicate a standard level of multilingual proficiency as required
by the appointing authority.
(c) An
appointing authority shall submit the multilingual premium request to the
Personnel Cabinet in writing. The request shall contain, at a minimum:
1. An explanation of the reason or reasons
for granting the multilingual premium;
2. The percentage of time the employee will
use multilingual skills; and
3.
Certification by the appointing authority that the employee has completed
multilingual testing and received a standard level of multilingual proficiency
rating. This certification shall include the name of the testing facility or
organization, the format of the test taken (oral, written, or a combination of
oral and written), and the level of proficiency granted in the request for the
multilingual premium.
(d) Once authorized, the multilingual hourly
premium shall apply to all employees in that agency who are regularly assigned
to complete work in a specified foreign language once the employees are
individually approved in accordance with this subsection.
(e) An employee shall not receive a
multilingual hourly premium after reassignment, reclassification, transfer,
promotion, reallocation, or demotion to a position which no longer requires
work in a specified foreign language.
(f) An employee who ceases to perform work
duties in a specified foreign language shall not be eligible to receive a
multilingual hourly premium.
(g)
The secretary may rescind the multilingual hourly premium authorization
provided to an agency or individual employee at any time.
(h) The multilingual hourly premium shall not
be considered a part of base pay or wages and shall not be applied to any leave
time usage.
(5) Critical
position premium.
(a) Upon request by an
appointing authority, the secretary may authorize the payment of a premium for
a position held by an employee who has established an annual increment date and
is regularly assigned to perform job duties that are deemed critical to the
operation of the agency.
(b) A
critical position premium may be authorized for at least one (1) full-time
filled position in an office or department. The premium may be authorized for
additional full-time filled positions if the total number of premiums does not
exceed one (1) percent of the total number of full-time filled positions in an
office or department.
(c) The
premium shall not exceed twenty-five (25) percent of the employee's hourly
rate.
(d) The critical position
designation shall expire when the position becomes vacant.
(e) An employee shall not receive a critical
position premium after transfer, reclassification, reallocation, detail to
special duty, promotion, or demotion to a position in a different job
classification, organizational unit, or work county, unless the appointing
authority submits a new request, for approval by the secretary, to designate
the position in the different job classification, organizational unit, or work
county as critical prior to the personnel action at issue.
(f) The appointing authority or the secretary
may rescind authorization to pay a critical position premium at any
time.
(g) A critical position
premium shall not be considered a part of base pay or wages and shall not be
applied to any leave time usage.
(6) Sign-on bonus.
(a) Upon written request by an appointing
authority, the secretary may prospectively authorize a sign-on bonus for
full-time or part time classified positions if:
1. The positions are in the same job
classification, work county, and department or office if the appointing
authority can substantiate sustained recruitment and retention issues impacting
the mission of the agency;
2. The
total amount of the sign-on bonus is uniform and does not exceed $5,000 for the
job classification; and
3.
Eligibility for the sign-on bonus is limited to a probationarily appointed,
rehired, or reinstated employee who:
a. Has
not been employed in a KRS Chapter 18A classified position within ninety (90)
calendar days preceding the effective date of appointment, rehire, or
reinstatement;
b. Has not
previously received any amount of sign-on bonus pursuant to this subsection;
and
c. Is working or on approved
leave at the time payment is scheduled to be issued.
(b) Once a sign-on bonus is
authorized by the secretary, an eligible employee shall receive:
1. Twenty-five (25) percent of the total
sign-on bonus on the first day of the month after appointment, rehire, or
reinstatement;
2. Twenty-five (25)
percent of the total sign-on bonus on the first day of the month after
completion of six (6) months of active service in the position into which the
employee was appointed, rehired, or reinstated; and
3. Fifty (50) percent of the total sign-on
bonus on the first day of the month after completion of twelve (12) months of
active service in the position into which the employee was appointed, rehired,
or reinstated.
(c) An
employee shall not receive future payment of any portion of a sign-on bonus
after transfer, promotion, or demotion to a position in a job classification,
department or office, or work county other than the position into which the
employee was appointed, rehired, or reinstated.
(d) An employee who is detailed to special
duty or whose position is reclassified or reallocated shall remain eligible for
future payment of the original sign-on bonus amount.
(e) The secretary may rescind authorization
to pay a sign-on bonus at any time prior to the effective date of appointment,
rehire, or reinstatement.
(f) A
sign-on bonus shall not be considered a part of base pay or wages and shall not
be applied to any leave time usage.
Section 10. Employee Recognition Award (ERA).
(1) On the 16th day of a month, an appointing
authority may grant an employee an ERA in the form of a lump sum payment of any
whole percentage from one (1) to ten (10) percent of the grade midpoint under
the following conditions:
(a) The employee has
not received an ERA in the preceding twenty four (24) months, nor an Adjustment
for Continuing Excellence (ACE) award in the preceding twelve (12) months;
and
(b)
1. The appointing authority determines that
the employee's acts or ideas have resulted in significant financial savings or
improvements in services to the Commonwealth and its citizens;
2. The employee has exhibited distinguished
performance during participation in special projects that have had a
significant beneficial impact on the department, office, or governmental
operations; or
3. The employee has
demonstrated a sustained level of exceptional job performance.
(2) An employee shall
not be eligible for an ERA under this section for an act or idea that has been
approved or submitted for consideration as an Employee Suggestion System Award.
An employee who has received an ERA shall not be eligible to be considered for
an Employee Suggestion System Award for those acts or ideas upon which the ERA
is based.
(3) The granting of an
ERA shall be within the sole discretion of the appointing authority.
(4) If an appointing authority grants an ERA,
the justification for the award shall be stated in writing, and placed in the
employee's personnel files.
(5) An
appointing authority shall submit a written justification to the Personnel
Cabinet to award an ERA. The justification shall:
(a) Explain the reason or reasons for the
granting of the award; and
(b)
Include a certification by the appointing authority that:
1. Sufficient funds are available within the
department or office; and
2. The
criteria and limitations established in this section have been met.
Section 11.
Adjustment for Continuing Excellence (ACE) Award.
(1) On the 16th day of a month, an appointing
authority may grant a salary adjustment of any whole percentage from one (1) to
ten (10) percent of the grade midpoint of the position in which the employee
holds status to a full-time employee's base pay as an ACE award under the
following conditions:
(a) The employee has an
established annual increment date;
(b) The employee has worked at least
twenty-four (24) consecutive months in KRS Chapter 18A state service, twelve
(12) consecutive months of which shall have been served in the department or
office granting the award;
(c) The
employee has not received an ACE award in the preceding twenty-four (24) months
or an ERA in the preceding twelve (12) months; and
(d)
1. The
employee has demonstrated a sustained level of exceptional job
performance;
2. The employee has
assumed a significant level of additional job responsibilities or duties
consistent with the assigned job classification, and has performed them in an
exceptional manner; or
3. The
employee has acquired professional or technical skills or knowledge through
department or office directed or authorized attainment of a job related
licensure, certification, or formal training that will substantially improve
job performance.
(2) An employee shall not be eligible for an
ACE award under this section if:
(a) An
educational achievement award has been granted for the same training;
or
(b) The employee received either
of the two (2) lowest possible evaluation ratings on the most recent
performance evaluation.
(3) The granting of an ACE award shall be
within the sole discretion of the appointing authority.
(4) An appointing authority shall submit a
written justification to the Personnel Cabinet to grant an ACE award. The
justification shall:
(a) Explain the reason or
reasons for the granting of the award; and
(b) Include a certification by the appointing
authority that:
1. The criteria and
limitations established in this section have been met; and
2. Sufficient funds are available within the
department's or office's current recurring base budget to support the
award.
Section
12. Voluntary Actions. An employee request for transfer, demotion,
or promotion shall be documented on the Voluntary Transfer/Demotion/Promotion
Employee Agreement Form in Accordance with
101 KAR 1:335 and
101 KAR 1:400.
Section 13. Incorporation by Reference.
(1) "Voluntary Transfer/Demotion/Promotion
Employee Agreement Form", September 2017, is incorporated by
reference.
(2) This material may be
inspected, copied, or obtained, subject to applicable copyright law, at the
Personnel Cabinet, 501 High Street, 3rd Floor, Frankfort, Kentucky 40601,
Monday through Friday, 8 a.m. to 4:30 p.m. The material incorporated by
reference is also available on the Personnel Cabinet's Web site at:
https://personnel.ky.gov/Pages/mir.aspx.
STATUTORY AUTHORITY:
KRS
18A.110(1)(c), (d), (g),
(7)