2 AAC 07.345 - Demoted employees' salaries

(a) An employee may be demoted for cause under 2 AAC 07.420, voluntarily demoted in the same class series, or involuntarily demoted because the employee holds a position reallocated to a class at a lower pay range.

(b) If an employee is demoted for cause, the employee's step placement must remain unchanged or be at another higher step approved in advance by the director. If an employee is demoted to a class in which they have not previously attained permanent status, the employee shall serve a new probationary period.

(c) If an employee is voluntarily demoted in the same class series, or to a closely related class series, the employee's step will be the step that best reflects the earned step based upon creditable service, or other step approved in advance by the director.

(d) Repealed 8/24/94.

(e) The salary of the incumbent of a position that is reallocated to a class at a lower pay range will be paid according to the following:

(1) if the current salary is the same as a step in the new range, the employee will enter the new range at that step;

(2) if the employee's current salary falls within the lower range, but between merit steps, the employee's salary shall be placed at the lower step and the employee's salary shall remain frozen until the employee's next merit anniversary date that results in the award of a performance incentive, at which time the employee shall be placed at the next higher step;

(3) if the employee's current salary exceeds the maximum of the new range, it shall remain frozen until it is the same as any step or falls between steps, which appear on the salary schedule at the lower range; salaries, which are frozen, are not subject to any salary increase;

(4) for purposes of this subsection, employees whose positions are subject to a reallocation from one class to another may not be paid at a pay increment under AS 39.27.011(h), unless they have earned the step in the class occupied before the reallocation action or until the step is earned in the class to which the position is reallocated; time served at the final step or pay increment of the higher range shall be counted as time served at the final step or pay increment in the lower range.

Notes

2 AAC 07.345

In effect before 6/28/84; am 6/28/84, Register 91; am 8/24/94, Register 137; am 9/22/2004, Register 175; am 4/9/2006, Register 178; am 7/16/2008, Register 187

The 8/24/94 repeal of 2 AAC 07.345(d) first appeared in print in the Alaska Administrative Code with Register 137 (April 1996).

Even though the amendment of 2 AAC 07.345 was effective 9/22/2004, it was not published until Register 175, Oct., 2005.

Authority:AS 39.25.070

AS 39.25.140

AS 39.25.170

AS 39.27.011