Except as otherwise provided in paragraph (b) of subsection 1
of NAC 284.618, an employee who is
demoted must be paid at a step within the grade of the class to which he or she
was demoted as follows:
1. Except as
otherwise provided in subsections 2 to 5, inclusive, if the employee has
attained permanent status in the class from which he or she was demoted and the
demotion is instituted at the employee's request or is acceptable to the
employee, the appointing authority shall pay him or her at a step in the grade
of the class to which he or she was demoted which is equal to or less than his
or her base rate of pay in the position from which he or she was demoted, but
not greater than the highest step of the class to which he or she was
demoted.
2. An exception to
subsection 1 may be granted by the appointing authority to pay an employee at a
rate that does not fall within the grade of the class to which he or she is
demoted if the appointing authority determines that the demotion is in the best
interest of the employee and the State of Nevada. If such an exception is
granted:
(a) The employee's base rate of pay
will be limited to three grade levels above the grade of the class to which he
or she is demoted or his or her base rate of pay in the position from which he
or she was demoted, whichever is less.
(b) The employee's base rate of pay in the
position to which he or she was demoted will be frozen until it falls within
the grade of the class to which he or she was demoted or for a maximum of 2
years after the date of demotion, making the employee ineligible for any merit
pay increases, cost of living adjustments or adjustments for a class of
employees that has been approved by the Legislature.
(c) If the employee's frozen base rate of pay
does not fall within the grade of the class to which he or she was demoted
within the 2-year period, his or her base rate of pay will be adjusted to the
highest step within the grade of the class to which he or she was
demoted.
3. If an
employee accepts a promotion and is demoted before attaining permanent status
in the class, he or she must be paid at a step in the grade of the class to
which he or she was demoted which is equivalent to the base rate of pay to
which he or she would have been entitled had he or she not been
promoted.
4. If the demotion is
instituted by the appointing authority for disciplinary reasons and is not
covered by subsection 2, the appointing authority shall determine the step in
the grade of the class to which the employee was demoted at which the employee
will be paid.
5. If an employee is
demoted during his or her probationary period in state service, the appointing
authority may pay the demoted employee at any step in the grade of the class to
which the employee was demoted that is not greater than his or her base rate of
pay before the demotion.
