Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Availability of
funds.
Before salary increases and adjustments are made according to
parts
9575.0300 to
9575.0370, or according to a
negotiated collective bargaining agreement, the appointing authority shall have
in its records and carry in its minutes a definite statement that funds for
this purpose are available.
Subp.
2.
Plan requirements.
In agencies where there is no exclusive representative or
collective bargaining agreement, negotiated adjustments in the rates of pay of
incumbents of positions, in order to conform to a newly adopted or currently
effective compensation plan, shall be in accordance with the following
provisions:
A. If the rate of pay of
an employee is below the minimum of the range prescribed for the employee's
classification on the merit system compensation plan, the rate shall be
adjusted to that minimum.
B. If the
rate of pay of an employee is at or above the new minimum salary adopted for
their class, the employee may receive the general merit system adopted
adjustment, and if the employee's class was adjusted to a greater extent than
the general adopted adjustment, the employee may receive the additional
adjustment as provided in part
9575.0320, subpart
3 as long as the additional
adjustment does not place the employee's salary over the new maximum adopted
salary for the class.
C. In those
situations where the appointing authority has determined that the general merit
system adopted adjustment is inappropriate for its employees, it may grant a
different adjustment; however, the authority must file with the supervisor the
new salary steps by class. These adjustments shall at least place employees at
the minimum salary and not over the maximum salary for their class.
D. Employees at the maximum salary for their
class may be granted salary adjustments over the maximum salary prescribed for
their class, only if such a merit system adjustment is adopted and only in the
amount adopted for incumbents of that class.
E. If the rate of pay of an employee is
higher than the maximum of the range prescribed for the employee's class of
positions, the rate may remain the same as long as the employee retains the
same classification.
F. If the rate
of pay of an employee falls between the minimum and maximum of the salary range
prescribed for the employee's class but does not correspond to any intervening
steps in the range, due to the adoption of merit system general adjustment,
such rate may remain the same. In the case of subsequent merit increases, the
employee shall be placed back on a step in the adopted salary range for his or
her class.
G. Employees at or above
the maximum salary rate for their class may be granted a salary adjustment only
in the amount adopted by the merit system for all employees whose positions are
not covered by the terms and conditions of a collective bargaining agreement.
If an appointing authority wishes to grant a larger general adjustment to its
employees than that adopted by the merit system, the appointing authority, by
prior resolution, may grant that employee the annual equivalent of the
difference between the merit system adopted adjustment for all employees and
the agency adopted adjustment for its employees in the form of a single lump
sum payment or lump sum salary payments commencing on the effective date of the
general adjustment. The employee's base salary rate shall be equal to the
employee's salary before the agency adjustment plus the merit system adopted
adjustment.
H. An appointing
authority may grant a salary increase within the salary range to an employee
based upon unusual employment conditions that make the action necessary and the
interests of the agency that will be served by the action. In granting this
increase, the appointing authority shall give due consideration to the salary
rates paid other employees in the same classification and shall not grant an
increase that does not ensure equitable compensation for comparable work.
Salary increases proposed according to this part are not based on employee
performance or a general merit system adopted salary adjustment. The granting
of such an increase shall not affect the employees' eligibility for subsequent
merit increases or salary adjustments in accordance with merit system rules. If
the unusual employment conditions giving rise to such an increase are of a
temporary nature, the employee's salary shall be decreased to its previous
level upon conclusion of those conditions. This decrease is not subject to part
9575.0370 or
9575.1180.
Subp. 3.
Recommended adjustment.
The merit system general adjustment recommended for
incumbents is three percent for employees on the professional, support,
clerical, and maintenance and trades salary schedules.
Subp. 4.
Salary differentials.
Intra-agency salary differentials between employees in the
same class of positions, between employees in different classes of positions in
the same occupational field, and between occupational fields in the same agency
are recognized as important factors in the maintenance of satisfactory morale.
If the general adjustments result in the reduction of the differential between
employees in the same class of positions or between employees in different
classes of positions in the same occupational field, adjustments may be made
that will, insofar as practicable, maintain such differentials within the
limits of the new plan. In maintaining such differentials, the appointing
authority shall take into consideration the length of service and quality of
performance of the employees affected.
Subp. 5.
Collective bargaining
agreements.
In agencies where there is an exclusive representative and a
negotiated salary schedule for employees in the bargaining unit, adjustments in
the rates of pay of employees shall follow the wording of the contract or
agreement.
