W. Va. Code R. § 143-1-5 - Pay Plan and Salary Administration

Pursuant to the provisions of the W. Va. Code § 29-6-10(2), the following salary regulations in this section apply to classified employees. The Director, upon approval of the Board, shall establish a policy to implement the provisions of this section.

5.1. Purpose and Intent. -- The purpose and intent of the pay plan is to attract and retain qualified employees in the classified service. The Board shall provide through the pay plan, compensation based on equal pay for equal work and market rates as compared to compensation trends in other public and private organizations.

5.2. Preparation of the Pay Plan. -- After consultation with the appointing authorities and State fiscal officers and after a public hearing, the Director and the Board shall prepare and submit the pay plan to the Governor. The pay plan shall include salary schedules containing multiple compensation ranges with minimum and maximum rates of compensation for each range and a plan of implementation. The Board may make periodic amendments to the pay plan in the same manner.

5.3. Adoption of the Pay Plan. -- The plan or revised plan becomes effective only after it has been approved by the Governor. The approved pay plan constitutes the official schedule of salaries for the classified service.

5.4. Implementation of the Pay Plan.

5.4.a. Assignment of Classes. -- The Board shall assign each class of positions to an appropriate range of compensation consistent with the duties outlined in the class specification. The Director shall not approve acompensation range unless it conforms to sound compensation practices.

5.4.b. Entry Salary. -- An applicant possessing qualifying training or experience above the minimum required for the class may be appointed at a salary up to market rate. The entry salary for any employee shall be no less than the minimum of the compensation range for the job classification. The Director may authorize appointment at a rate above the market rate where the appointing authority can substantiate severe or unusual recruiting difficulties for the job class.

5.4.c. Standard Rates of Pay. -- The pay plan provides standard compensation rates for all classes of positions in the classified service unless specifically exempted by statute or statutory authority. The salary or wage paid is determined by the compensation range to which the class of the position has been allocated. All employees, including those serving in positions on a part-time basis, shall be paid in proportion to the actual time worked.

5.4.d. Additional Pay. -- Appointing authorities shall make no additions to the regular salary of any employee except for authorized overtime, Board approved pay differentials and monetary incentives, or other statutorily required and/or authorized payments.

5.4.e. Availability of Funds. -- The appointing authority and its fiscal officer will certify that funds for salary adjustments are available.

5.4.f. Salary Adjustments.

5.4.f.1. Establishment of a New Pay Plan.

5.4.f.1.A. Upon adoption of a new pay plan the Board shall require and may approve or modify a plan of implementation which ensures incumbents in the classified service receive equal treatment based on sound compensation practices.

5.4.f.1.B. An incumbent whose salary falls below the minimum rate of the new compensation range shall have his or her salary adjusted to the new minimum.

5.4.f.1.C. An incumbent whose salary falls above the maximum rate of the new compensation range shall maintain his or her current salary.

5.4.f.2. Pay on Reclassification.

5.4.f.2.A. When a class is reassigned by the Board to a compensation range having a higher minimum, the salaries of those incumbents below the new minimum shall be adjusted to the new minimum. Where the salary of the incumbent coincides with a pay rate in the new range, the salary shall remain unchanged. When a class is reassigned by the Board to a compensation range having a lower minimum, the salaries of those incumbents which are within the new range shall remain unchanged. Where the salary of the incumbent is above the maximum rate of the new range, the salary shall remain unchanged.

5.4.f.2.B. The Board may approve or modify a plan of implementation on reclassification based on documented recruitment and/or retention difficulties or consideration of pay equity for reclassified employees.

5.4.f.3. Pay on Position Reallocation. -- When a position is reallocated to a different class, the salary of the incumbent shall be adjusted in accordance with the provisions of this rule for promotion, demotion and lateral class change.

5.4.f.4. Pay Differentials. -- The Board may approve the establishment of pay differentials to address circumstances which apply to reasonably defined groups of employees.

5.4.f.5. Separation from Employment. -- Employees whose last day of work occurs prior to the effective date of a new pay plan are not eligible for salary adjustments.

5.5. Pay on Promotion. -- When an employee is promoted, the employee's pay shall be adjusted as follows:

5.5.a. Minimum Increase. -- Any employee promoted will be compensated to at least the minimum of the compensation range of the job class to which he or she is promoted. An employee whose salary is within the range shall receive an increase of one (1) increment or a maximum established by the Board, except where an employee accepts a lesser increase within the compensation range to obtain the position. In no case shall any employee receive an increase which causes the employee's pay to exceed the maximum of the range except as provided in subsection 5.7 of this rule.

5.5.b. Additional Increase. -- An employee possessing qualifying training or experience above the minimum required for the class may receive additional incremental increases as established by the Board. In no case shall the additional incremental increase cause the employee's pay to exceed the maximum for the compensation range.

5.6. Pay on Demotion.

5.6.a. Demotion Without Prejudice. -- The appointing authority has the discretion to reduce or not reduce the pay rate of any employee who is demoted without prejudice if the employee's pay rate is within the compensation range of the job class to which the employee is demoted.

5.6.b. Demotion With Prejudice. -- The appointing authority shall reduce the pay rate of an employee who is demoted with prejudice by at least one (1) increment as established by the Board and the employee's pay rate shall not exceed the maximum of the new compensation range.

5.7. Exceptions.

5.7.a. If the salary of an employee being promoted is at or above the maximum rate of the compensation range to which the employee is being promoted, or, if his or her salary is within one (1) pay increment, as established by the Board, of the maximum rate of the compensation range to which he or she is being promoted, the employee shall receive an increase of one (1) pay increment with the promotion.

5.7.b. If an employee has been demoted or reallocated to a class at a lower compensation range and is promoted or reallocated within the next twenty-four (24) months within the same agency, the following procedure shall be used when calculating pay on promotion as provided in subdivisions 5.5.a and 5.5.b. of this rule. The promotional increase shall be calculated based on the compensation range of the employee's position prior to the demotion or reallocation, using the employee's current rate of pay plus any amount by which the employee's pay was reduced at the time of the demotion or reallocation. If, based on this procedure, no promotional increase is due, the employee's pay shall be increased by the amount his or her pay was reduced, if any, at the time of the demotion or reallocation.

5.7.c. Employees may receive compensation above the maximum of the compensation range of their job class as a result of legislative mandates or other exceptions approved by the Board.

5.8. Pay on Lateral Class Change. -- Any permanent classified employee who receives a lateral class change shall be paid the same salary received prior to the change except in cases where the change is to an agency or job class for which the Board has approved, or the Legislature has authorized, a higher compensation range for the job class. Provided, that an employee selected for a posted job opening possessing qualifying experience or training above the minimum required for the class may receive incremental increases, as established by the Board.

5.9. Pay on Reinstatement. -- The salary for an employee who is reinstated shall be established in accordance with subdivision 5.4.b of this rule.

5.10. Salary Advancements. -- Salary advancements are limited to permanent employees and shall not exceed the increase amount established by the Board and administered by the Director.

5.11. Annual Increment Increase. -- The Board may establish uniform procedures which shall be followed by all State agencies and spending units for providing an annual increment increase provided for in W. Va. Code § 5-5-2.

Notes

W. Va. Code R. § 143-1-5