File No. 34744
This rule was published in the May 15, 2011, issue (Vol. 2011, No. 10) of the Utah State Bulletin.
Human Resource Management, Administration
Notice of Proposed Rule
DAR File No.: 34744
Filed: 04/28/2011 04:53:35 PM
Purpose of the rule or reason for the change:
Amendments reformat and change language for clarity. Certain schedules under salary are removed for accuracy. Redundant subsections are removed. A subsection for rule exceptions is added to the end to cover authorization for the salary section. Language in employee benefits is modified to comply with H.B. 18 (2011 General Session). Language is added to describe and clarify procedures for enrolling in retirement benefits for the Tier I and Tier II systems. (DAR NOTE: H.B. 18 is effective as of 05/10/2011.)
Summary of the rule or change:
Subsection R477-6-1(1)(c) is reformatted and rewritten, separating pay increases and decreases. In Subsection R477-6-4(1)(b), schedules IN and TL are removed and will be covered in Subsection R477-6-4(1)(c). Subsections R477-6-4(2)(c), R477-6-4(3)(c), and R477-6-4(9)(a)(i) are removed. Subsection R477-6-4(12) adds provision for exceptions to the entire Section R477-6-4. Section R477-6-6 is amended describing new medical insurance enrollment procedures and new enrollment procedures for Tier I and Tier II retirement plans.
State statutory or constitutional authorization for this rule:
- Section 67-19-6
- Section 63F-1-106
- Subsection 67-19-15.1(4)
- Section 67-19-12.5
- Section 67-19-12
Anticipated cost or savings to:
the state budget:
These changes are administrative and do not directly impact state budgets.
This rule only affects the executive branch of state government and will have no impact on local government.
This rule only affects the executive branch of state government and will have no impact on small businesses.
persons other than small businesses, businesses, or local governmental entities:
This rule only affects the executive branch of state government and will have no impact on other persons. This rule does not directly impact costs or savings to state employees.
Compliance costs for affected persons:
This rule only affects agencies of the executive branch of state government.
Comments by the department head on the fiscal impact the rule may have on businesses:
Rules published by the Department of Human Resource Management (DHRM) have no direct effect on businesses or any entity outside state government. DHRM has authority to write rules only to the extent allowed by the Utah Personnel Management Act, Title 67, Chapter 19. This act limits the provisions of career service and these rules to employees of the executive branch of state government. The only possible impact may be a very slight, indirect effect if an agency passes costs or savings on to business through fees. However, it is anticipated that the minimal costs associated with these changes will be absorbed by agency budgets and will have no effect on business.
Jeff Herring, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:Human Resource Management
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201
Direct questions regarding this rule to:
- J.J. Acker at the above address, by phone at 801-537-9096, by FAX at 801-538-3081, or by Internet E-mail at email@example.com
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
Interested persons may attend a public hearing regarding this rule:
- 05/24/2011 09:00 AM, Senate Building (East), 420 N State Street (Capitol Hill), Beehive Room, Salt Lake City, UT
This rule may become effective on:
Jeff Herring, Executive Director
R477. Human Resource Management, Administration.
R477-6-1. Pay Plans.
(1) With approval of the Governor, the Executive Director, DHRM, shall develop and adopt pay plans for each position in classified service. Positions exempt from classified service are identified in Subsection R477-3-1(1).
The General Pay Plan] shall include salary ranges
with established minimum and maximum rates.
(b) A salary range includes every pay rate from minimum to maximum.
(c) Pay rate increases [
and decreases] within salary ranges shall be
at least 1/2%, or to the range minimum rate with a decrease
or maximum rate with an increase, except for legislatively approved
salary adjustments and longevity.]
(1) Merit increases. The following conditions apply if merit pay increases are authorized and funded by the legislature:
(a) Employees, classified in position schedule B, shall be eligible for the merit increase if the following conditions are met:
(i) Employee may not be in longevity.
(ii) Employee may not be paid at the maximum of their salary range.
(iii) Employee has received a minimum rating of successful on their most recent performance evaluation, which shall have been within the previous twelve months.
(iv) Employee has been in a paid status by the state for at least six months at the beginning of the new fiscal year.
(b) Employees designated as schedule AA,
AU[ , IN, and TL] are not eligible for merit
(c) All other position schedules will be reviewed by DHRM in consultation with the Governor's Office to determine if they are eligible for merit increases.
(a) An employee promoted to a position with a salary range maximum exceeding the employee's current salary range maximum shall receive a salary increase of at least 5%
(b) An employee may not be placed higher than the maximum or lower than the minimum in the new salary range. Placement of an employee in longevity shall be consistent with Subsection R477-6-4(4).
An employee who remains in longevity status after a
promotion shall retain the same salary. (d)] To be eligible for a promotion, an employee
shall meet the requirements and skills specified in the job
description and position specific criteria as determined by the
agency for the position unless the promotion is to a career service
(a) At agency management's discretion, an employee reclassified to a position with a salary range maximum exceeding the employee's current salary range maximum may receive a pay rate increase of at least 1/2% or the salary range maximum rate.
(b) An employee may not be placed higher than the maximum or lower than the minimum in the new salary range. Placement of an employee in longevity shall be consistent with Subsection R477-6-4(4)
An employee who remains in longevity status after a
reclassification shall retain the same salary. (d)] An employee whose position is reclassified to
a position with a lower salary range shall retain the current
salary. The employee shall be placed in longevity at the
employee's current salary if the salary exceeds the maximum of
the new salary range.
(a) An employee shall receive a longevity increase of 2.75% when:
(i) the employee has been in state service for eight years or more. The employee may accrue years of service in more than one agency and such service is not required to be continuous; and
(ii) the employee has been at the maximum of the current salary range for at least one year and received a performance appraisal rating of successful or higher within the 12-month period preceding the longevity increase.
(b) An employee in longevity shall be eligible for the same across the board pay plan adjustments authorized for all other employee pay plans.
(c) An employee in longevity shall only be eligible for an additional 2.75% increase every three years. To be eligible, an employee shall receive a performance appraisal rating of successful or higher within the 12-month period preceding the longevity increase.
(d) An employee in longevity who is reclassified to a position with a lower salary range shall retain the current actual wage.
(e) An employee in longevity who is promoted or reclassified to a position with a higher salary range shall only receive a salary increase if the current actual wage is less than the salary range maximum of the new position. The salary increase shall be at least 1/2% or the range maximum rate of the new position.
(f) Employees in Schedules AB, IN, or TL are not eligible for the longevity program.
(5) Administrative Adjustment.
(a) An employee whose position has been allocated by DHRM from one job to another job or salary range for administrative purposes, may not receive an adjustment in the current actual wage.
(b) Implementation of new job descriptions as an administrative adjustment shall not result in an increase in the current actual wage unless the employee is below the minimum of the new range.
(c) An employee whose position is changed by administrative adjustment to a position with a lower salary range shall retain the current salary. The employee shall be placed in longevity at the employee's current salary if the salary exceeds the maximum of the new salary range.
An employee's current actual wage may not be lowered except when provided in federal or state law. Wage rate decreases shall be at least 1/2% or the minimum rate in the salary range.
Management may decrease the current actual wage of an employee who transfers to another position. Wage rate decreases shall be at least 1/2% or the minimum rate in the salary range.
An employee demoted consistent with Section R477-11-2 shall receive a reduction in the current actual wage of at least 1/2%, or the minimum rate of the new position's salary range as determined by the agency head or designee. The agency head or designee may move an employee to a position with a lower salary range concurrent with the reduction in the current actual wage.
(9) Administrative Salary Increase.
The agency head authorizes and approves administrative salary increases under the following parameters:
(a) An employee shall receive an increase of at least 1/2% or the maximum rate of the salary range.
(i) The Executive Director, DHRM, may authorize limited
exceptions to this subsection when administrative salary increases
are requested for equity purposes.
] (b) Administrative salary increases shall only be granted when the agency has sufficient funding within their annualized base budgets for the fiscal year in which the adjustment is given.
(c) Justifications for Administrative Salary Increases shall be:
(i) in writing;
(ii) approved by the agency head or designee;
(iii) supported by unique situations or considerations in the agency.
(d) The agency head or designee shall answer any challenge or grievance resulting from an administrative salary increase.
(e) Administrative salary increases may be given during the probationary period. Wage rate increases shall be at least 1/2% or the maximum rate of the salary range. These increases alone do not constitute successful completion of probation or the granting of career service status.
(f) An employee at the salary range maximum or in longevity may not be granted administrative salary increases.
(10) Administrative Salary Decrease.
The agency head authorizes and approves administrative salary decreases for nondisciplinary reasons according to the following:
(a) The final salary may not be less than the minimum of the salary range.
(b) Wage rate decreases shall be at least 1/2% or the minimum rate of the salary range.
(c) Justification for administrative salary decreases shall be:
(i) in writing;
(ii) approved by the agency head; and
(iii) supported by issues such as previous written agreements between the agency and the employee to include career mobility, reasonable accommodation, or other unique situations or considerations in the agency.
c]) The agency head or designee shall answer any challenge or
grievance resulting from an administrative salary decrease.
(11) Career Mobility
(a) Agencies may offer an employee on a career mobility assignment a salary increase or salary decrease by any amount within the new salary range.
(b) If a career mobility assignment does not become permanent at its conclusion, the employee shall return to the previous position or a similar position and shall receive, at a minimum, the same salary rate and the same or higher salary range that the employee would have received without the career mobility assignment.
R477-6-6. Employee Benefits.
(1) An employee shall be eligible for benefits when:
(a) in a position designated by the agency as eligible for benefits; and
(b) in a position which normally requires
more than] 40 hours per pay period.
(2) An eligible employee has 60 days from
the hire date to enroll in
, dental, vision, and a flexible spending
An employee with previous medical coverage shall provide to
the state's health care provider a certificate of creditable
coverage which states dates of eligibility in order to have the
preexisting waiting period reduced or waived.]
(b) An employee [
who does not enroll within 60 days] shall only be
[ enroll] during the annual open enrollment period
for all state employees.
An employee shall enroll in guaranteed issue life insurance within 60 days of the hire date to avoid having to provide proof of insurability.
(a) An employee may enroll in additional life insurance and accidental death and dismemberment insurance at any time and may be required to provide proof of insurability.
4]) An employee eligible for retirement benefits shall be
automatically enrolled in the defined benefit plan and the
defined contribution plan, as applicable. An enrollment form shall
be required to establish beneficiaries and investment strategies
and can be submitted at any time.]
5]) A reemployed veteran under USERRA shall be entitled to
the same employee benefits given to other continuously employed
eligible employees to include seniority based increased pension and
KEY: salaries, employee benefit plans, insurance, personnel management
Date of Enactment or Last Substantive Amendment: [
July 1, 2010]
Notice of Continuation: June 9, 2007
Authorizing, and Implemented or Interpreted Law: 63F-1-106; 67-19-6; 67-19-12; 67-19-12.5; 67-19-15.1(4)
The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull-pdf/2011/b20110515.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.
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For questions regarding the content or application of this rule, please contact J.J. Acker at the above address, by phone at 801-537-9096, by FAX at 801-538-3081, or by Internet E-mail at firstname.lastname@example.org.