South Carolina Code of Regulations
Chapter 19 - STATE BUDGET AND CONTROL BOARD
Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT
Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS
Section 19-705.05 - SALARY DECREASES
Universal Citation: SC Code Regs 19-705.05
Current through Register Vol. 48, No. 9, September 27, 2024
A. Agencies shall develop written policies to govern the administration of salary decreases for employees.
B. In-Band Salary Decreases--Written justification for effecting any salary decrease shall be maintained by the employing agency. An employee's salary may be decreased within his current pay band for the following reasons:
1. Performance Decrease--An agency may
decrease an employee's salary based upon performance in accordance with Section
8-1-160
of the South Carolina Code of Laws. Such decrease shall be determined by the
agency. Performance decreases must not place an employee's salary below the
minimum of the pay band. Performance decreases must be based on the results of
an Employee Performance Management System (EPMS) evaluation.
2. Removal of Additional Job Duties or
Responsibilities--Should the additional job duties or responsibilities which
justified an additional job duties or responsibilities increase be removed from
an employee within six months of the date that the salary increase was awarded
or prior to the end of the trial period, the salary may be reduced by up to the
amount of additional job duties or responsibilities increase. Such decrease in
salary is not grievable or appealable under the State Employee Grievance
Procedure Act.
3. Assignment of
Lower Level Responsibilities
a. Voluntary
Reason--An employee who is voluntarily assigned lower level responsibilities or
moved to a position in his current pay band with lower level responsibilities
than his current position, may, at the discretion of the agency head or his
designee, be paid at any rate within the pay band provided the rate is equal to
or below the current salary and provided the employee signs a written statement
indicating agreement to the salary decrease. The signed document should be
maintained by the agency.
b.
Involuntary Reason--A covered employee who is involuntarily assigned lower
level responsibilities or moved to a position in his current pay band with
lower level responsibilities than his current position, shall not have his
salary reduced for a period of one year from the date of the action unless an
exception is approved by the Budget and Control Board or his designee. After
the expiration of the one-year period, with the approval of the agency head, or
his designee, the employee's salary may be reduced no more than 15% or to the
midpoint of the pay band, whichever is lower. An employee exempt from the State
Employee Grievance Procedure Act, who is involuntarily assigned lower level
responsibilities, may have his salary reduced no more than 15% or to the
midpoint of the pay band, whichever is lower, immediately following the
assignment of lower level responsibilities.
If the employee's salary is allowed to remain above the maximum of the pay band, the employee shall not be eligible for pay increases unless:
(1) Subsequent pay adjustments
establish the maximum of the pay band above the employee's rate of pay;
or
(2) The employee is subsequently
promoted or his position is reclassified and his current rate of pay is below
the maximum for the pay band for the class to which promoted or
reclassified.
C. Salary Decreases Resulting from Downward Band Changes - Written justification for effecting any salary decrease shall be maintained by the employing agency. An employee's salary may be decreased as a result of movement to a lower pay band for the following reasons:
1. Demotion and Downward Reclassification
Decreases
a. Voluntary Reason--An employee who
voluntarily has his position reclassified to a class with a lower pay band or
is demoted to a position in a lower pay band, may, at the discretion of the
agency head or his designee, be paid at a salary equal to or below the current
salary. However, the rate must be within the lower pay band and the employee
must sign a written statement indicating agreement to the salary decrease. The
signed document should be maintained by the agency.
b. Disciplinary or Performance Reason--An
employee who, as the result of a disciplinary action or unsatisfactory rating
on an EPMS evaluation, has his position reclassified to a class with a lower
pay band or is demoted to a position in a lower pay band, may, at the
discretion of the agency head, be paid at a rate equal to or below the current
salary, but within the lower pay band.
c. Involuntary or Non-Disciplinary
Reason--When a covered employee is demoted due to involuntary or
non-disciplinary reasons or when an occupied position is reclassified to a
class in a lower pay band for these reasons, the employee's salary shall not be
reduced for a period of one year from the date of the demotion or downward
reclassification unless an exception is approved by the Budget and Control
Board. After the expiration of the one-year period, with the approval of the
agency head or his designee, the employee's salary may be reduced no more than
15% or to the midpoint of the pay band, whichever is lower. An employee exempt
from the State Employee Grievance Procedure Act, who is involuntarily demoted
or downwardly reclassified may have his salary reduced no more than 15% or to
the midpoint of the pay band, whichever is lower, immediately following the
demotion or downward reclassification.
If the employee's salary is allowed to remain above the maximum of the lower pay band, the employee shall not be eligible for pay increases unless:
(1) Subsequent pay
adjustments establish the maximum of the pay band above the employee's rate of
pay; or
(2) The employee is
subsequently promoted or his position is reclassified and his current rate of
pay is below the maximum for the pay band for the class to which promoted or
reclassified.
d. An
employee who is promoted or his position is reclassified upward, and
subsequently demoted or his position is reclassified downward prior to
attaining permanent status in a class of a higher pay band, shall have a
reduction in pay as follows:
(1) When an
employee is demoted or his position is reclassified to the previous class or to
a class with the same pay band held prior to promotion or reclassification, or
to a class with a lower pay band, the employee's salary will be reduced by the
amount previously received upon promotion or upward reclassification provided
the salary will not exceed the maximum of the pay band for the class to which
demoted or downwardly reclassified.
(2) When an employee is demoted or his
position is reclassified downward to a class having a higher pay band than the
original position, the employee's salary will be reduced by the amount
previously received upon promotion or reclassification and the employee's new
salary will be established in accordance with Regulation 19-705.04.
2. Downward Band
Reallocation
When a class is reallocated to a lower pay band, the pay of an employee shall not be changed as a result of this action for a period of one year from the date of the action unless an exception is approved by the Budget and Control Board. After the expiration of the one-year period, with the approval of the agency head, the employee's salary may be reduced no more than 15% or to the midpoint of the pay band, whichever is lower. If the employee's salary exceeds the maximum of the new pay band, the employee shall not be eligible for pay increases of any type unless:
a. Subsequent pay adjustments establish the
maximum of the pay band above the employee's rate of pay; or
b. The employee is subsequently promoted or
his position is reclassified, and his current rate of pay is below the maximum
of the pay band for the class to which promoted or reclassified.
Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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