Current through Register Vol. 56, No. 18, September 16, 2024
(a) The salary of an employee appointed from a special reemployment list shall be determined as follows:
1. When appointed to the same title held at the time of the reduction in force, the employee shall receive the same step of the salary range received on the date of the layoff or the salary determined in accordance with (a)2 below, whichever is the most beneficial to the employee.
2. When appointed to a different title from the one held at the time of the reduction in force, the employee shall receive the most beneficial to the employee of the following:
i. The same step and salary range that he or she would have received if appointed to the new title on the date of the reduction in force; or
ii. When the employee is currently serving in another title, the salary determined by adjustment to the new title:
(1) When appointed to a new title with the same class code, make a lateral pay adjustment, 4A:3-4.8;
(2) When appointed to a new title with a higher class code, make an advancement pay adjustment, 4A:3-4.9. If the employee has attained a higher salary in a lower title than the current value of the step he or she would have received in the new title on the date of the layoff, the salary shall be set at the step that is next higher than the salary in the lower title. The anniversary date will be set based on the effective date of the action; or
(3) When appointed to a new title with a lower class code, make a demotional pay adjustment, 4A:3-4.1 0.
(b) The anniversary date of an employee appointed from a special reemployment list shall be determined as follows:
1. When using (a)1 or (a)2i above to determine salary, reconstruct the employee's anniversary date to the date of the reduction in force, then calculate the additional number of pay periods needed to meet the requirements for a performance increment (except as provided in (a)2ii(2)). Assign the anniversary date which will include the additional number of pay periods of service needed to satisfy anniversary date requirements.
2. When using (a)2ii above to determine salary, follow the provisions for either a lateral pay adjustment (4A:3-4.8) , advancement pay adjustment (4A:3-4.9) or demotional pay adjustment (4A:3-4.1 0) as applicable.
3. If at the time of the reduction in force the employee was at the maximum salary step for the title from which displaced, assign the anniversary date that reflects the length of time that the employee had been at the maximum step on the date of the reduction in force.
EXAMPLE: An employee is reappointed from a special reemployment list on February 7, 2016 (pay period 04/16) to the permanent title from which the employee was laid off on July 10, 2015 (pay period 15/15). At the time of the layoff the employee was receiving the ninth step of the salary range with an anniversary date of 13/15. When reappointed, the employee will receive an anniversary date of 02/16 to show that the employee had been at the maximum step of the salary range for two pay periods.
(c) The salary and anniversary date for an employee who is appointed to a title that was reevaluated after the date of the reduction in force shall be determined by calculating the salary and anniversary date by (a)1 and (b)1 above, using the title's former salary range. See 4A:3-4.9 and 4A:3-4.1 1.
(d) This section shall not be used to obtain a salary greater than that the employee would have received in the absence of a reduction in force.
(e) This section shall be applied to unclassified or provisional employees recalled after a reduction in force in accordance with a collective negotiations agreement.
