(a) A new appointment to a position in an institution of higher education covered by this subchapter shall be paid at the minimum pay level for the grade assigned to the classification unless otherwise authorized by law.
(b) Special rates of pay may be established for either classifications or positions for the following reasons:
(1) Prevailing labor market conditions;
(2) An extraordinarily well-qualified candidate;
(3) The need to retain trained, competent employees;
(4) An employee assigned additional duties as a result of the elimination of a position by an institution; or
(5) To meet the requirements of state or federal laws.
(c)
(1) An institution may request a special rate of pay for a specific classification or position due to prevailing market rates of pay up to the midpoint pay level of the appropriate grade of a classification on the appropriate pay table for the assigned grade with the written approval of the Director of the Division of Higher Education.
(2) An institution may request a special rate of pay for a specific classification or position due to prevailing market rates of pay up to the maximum pay level for the assigned grade only with the approval of the director after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
(3) The Division of Higher Education shall maintain a register of classifications or positions for which special rates of pay have been established due to prevailing market rates of pay.
(4) The division shall file a report of special rates of pay established due to prevailing market rates of pay with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval.
(d)
(1) A special rate of pay may be established for an exceptionally well-qualified applicant whose educational background or experience qualifies the applicant to perform the job with little or substantially less orientation and training than would be required for another qualified applicant.
(2)
(A) The head of the institution may approve a special rate of pay under subdivision (d)(1) of this section up to fifteen percent (15%) above the minimum pay level for the grade assigned to the classification and shall report all actions under the division's procedures.
(B) The director may approve a special rate of pay under subdivision (d)(1) of this section above fifteen percent (15%) up to thirty percent (30%) above the minimum pay level for the grade assigned to the classification.
(C) The division may approve a special rate of pay under subdivision (d)(1) of this section above thirty percent (30%) up to the maximum pay level for the grade assigned to the classification after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
(3) The division shall file a report of special rates of pay established under this subsection with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval.
(e)
(1) The head of the institution may approve special rates of pay to retain a trained, competent employee or due to the assignment of additional duties as a result of the elimination of positions by the institution, subject to the following:
(A) The assignment of additional duties is permanent and the duties assigned are beyond the scope of work currently being performed by the employee;
(B) The same employee may not receive a special rate of pay under this subdivision (e)(1) more than one (1) time during a biennium; and
(C) All increases up to ten percent (10%) approved under this subdivision (e)(1) shall be reported by the institution to the division, and increases above ten percent (10%) shall be approved by the division.
(2) The division shall file a report of all salary increases established under this subsection with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee, at the next regularly scheduled meeting following the approval for review.
(f)
(1)
(A) An employee promoted on or after July 1, 2019, shall receive a salary increase up to ten percent (10%).
(B) However, an employee's rate of pay upon promotion shall not exceed the maximum pay level of the grade assigned to the classification.
(2) An employee who upon promotion is receiving a rate of pay below the minimum pay level established for the new grade shall be adjusted to the minimum pay level for that grade.
(3) An employee who returns to a position in a classification the employee formerly occupied within a twelve-month period after promotion from the classification is eligible for a rate of pay no greater than that for which the employee would have been eligible had the employee remained in the lower-graded classification.
(g)
(1)
(A) Upon demotion, an employee's pay shall be decreased by up to ten percent (10%).
(B) However, an employee's rate of pay upon demotion shall not exceed the maximum pay level of the grade assigned to the classification.
(2) If the employee's salary falls below the lowest minimum pay level of the new grade upon demotion, his or her salary shall be adjusted to the minimum pay level for the grade.
(h)
(1) If an employee accepts a new position that is a transfer, the employee may receive a change in pay, as follows:
(A) If the employee's salary falls below the minimum pay level of the new grade, then his or her salary shall be adjusted to the minimum pay level for the grade; or
(B) If a special rate of pay has been established under this section, then his or her salary shall be appropriately adjusted.
(2) A transferring employee's rate of pay shall not exceed the maximum pay level of the grade assigned to the new position unless otherwise authorized.
(i) An employee who is placed in a lower-graded position on the same pay table because the original position has expired due to lack of funding, program changes, or withdrawal of federal grant funds may continue to be paid at the same rate as the employee was being paid in the higher-graded position upon approval of the division after seeking the review of the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
(j) If an employee who has been terminated for more than thirty (30) working days returns to service at the institution, the institution may offer up to the employee's last rate of pay not to exceed the maximum pay level established for the grade.
(k) Upon transfer of employment between institutions, an employee shall receive a lump-sum payment from the original institution for any overtime that has been accrued and not been paid and for any compensatory time accrued that has not been used at the higher rate of either the:
(1) Average regular rate of pay received by the employee during the last three (3) years of his or her employment; or
(2) Final regular rate of pay received by the employee.
(l) Any special rate of pay established under this section shall not affect the salary level or salary eligibility of any existing employee within the institution.
(m)
(1) A special rate of pay is subject to the institution's ability to certify funding for a special rate of pay established under this section.
(2) An institution shall not use merit adjustment funds for a special rate of pay established under this section.