CHAPTER 3. CLASSIFICATION,
SERVICES AND COMPENSATION |
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SUBCHAPTER 4. COMPENSATION |
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(a) In local service,
appointing authorities shall establish compensation plans which
provide for paying employees in reasonable relationship to their
job titles.
1. Each appointing authority shall provide a current copy of
its compensation plan to the Department of Personnel, and shall
provide any subsequent modifications within 20 days after adoption.
2. When a salary range is established for a job title, an employee
shall not be paid a base salary below the minimum or above the
maximum established for that range.
3. An appointing authority may request information and technical
assistance from the Department of Personnel in developing compensation
plans.
(b) In State and local service, the Department of Personnel may
audit an appointing authority's payroll records to determine compliance
with Title 11A, New Jersey Statutes, Title 4A, N.J.A.C., and orders
issued by the Commissioner or the Board.
(c) In local service, payroll records may be audited through
on-site examinations, submission of payrolls for specified time
periods, or a combination of both. Upon request by the Department
of Personnel, an appointing authority shall submit a payroll, certified
by an authorized financial officer, which contains the following
information and such other information as may be requested:
1. Name of jurisdiction;
2. Name of department;
3. Names, titles and social security numbers of employees;
4. Actual amount of pay for pay period, including dates employed;
5. Annual rate of pay; and
6. Beginning and ending dates for current pay period.
(d) In State service, the Commissioner shall establish, maintain
and approve changes in a compensation plan for all employees in
the career and unclassified services. See N.J.A.C. 4A:3-2.5 for
Senior Executive Service compensation.
1. The compensation plan shall establish pay rates and a series
of salary ranges.
2. Each employee in the career and unclassified services shall
be paid within the salary range or at the pay rate assigned to
the employee's job title and pay shall be adjusted in accordance
with this subchapter, except as otherwise provided by law, rule
or action of the Commissioner.
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(a) Each new job title
shall be evaluated, and existing job titles reevaluated, based
upon the New Jersey Job Content Evaluation System as approved by
the Commissioner. Class codes shall be designated for job titles
through this evaluation process. However, the Commissioner may,
in appropriate circumstances, designate a job title as no-range,
meaning that no class code is designated, or may assign a single
rate, and may include restrictions on salary payments for such
titles.
(b) Once the class code for a job title is designated, the salary
range shall be determined according to workweek and work year as
follows (See N.J.A.C. 4A:6-2.2 and 2.3 for designation of workweek):
1. The salary range for NL and NE titles shall be the same as
the class code;
2. The salary range for 35 hour and 3E titles shall be one range
lower than the class code;
3. The salary range for 40 hour, 4E and N4 titles shall be one
range higher than the class code;
4. The salary range for 10 month titles shall be three ranges
lower than the class code.
EXAMPLE: A job title has been designated class code 18 through
the evaluation process. The salary range will be determined based
on work week and work year as follows:
Work Week Salary Range
NL, NE 18
35, 3E 17
40, 4E, N4 19
Work Year
10 Month (NL or NE) 15
(c) For use of class codes in determining types of pay adjustments,
See N.J.A.C. 4A:3-4.7.
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(a) Appointing authorities
may request a reevaluation by the Department of Personnel of a
job title to determine its proper class code. The request, which
shall be submitted through the agency representative, must include
a brief rationale for the request, an organization chart, and the
requested new salary level. The Department of Personnel may require
additional information to be submitted in a manner and form as
determined by the Commissioner.
(b) An appeal by an employee or authorized employee representative
for a reevaluation shall be submitted, in writing, to the agency
representative. The appeal must identify and explain the areas
of substantive change in job content or other change in job evaluation
factors through written narrative and a revised job specification,
which shall be marked to indicate changes, and include evidence
that the change in job content affects all employees in the title.
The Department of Personnel may require additional information
to be submitted in a manner and form as determined by the Commissioner.
1. The agency representative shall review the appeal and ensure
that the information set forth in (b) above has been included.
Within 10 days of receipt of the appeal, the appointing authority
representative shall either notify the appellant that specific
additional information is required, or shall forward the appeal
to the Department of Personnel and so notify the appellant, and
may indicate a recommended approval or rejection of the appeal
for specified reasons. If additional information is required, the
agency representative shall forward the appeal to the Department
of Personnel within 10 days of receipt of the appellant's response
to the request for additional information.
(c) A representative of the Department of Personnel shall review
the request or appeal and render a written decision. A written
decision on evaluation appeals shall be rendered within 60 days
of receipt of all required information. The decision letter shall
include a notice of appeal rights to the Commissioner in the case
of an appeal by an employee or authorized employee representative.
(d) Any affected employee or authorized employee representative may appeal
the determination to the Commissioner within 20 days of its receipt. The
appeal shall contain all information which was presented to the prior level,
a statement identifying the specific portions of the prior level determination
being contested, and the basis for appeal. The appellant shall provide copies
to all parties.
(e) The Commissioner may render a decision based on the written
record or appoint an independent salary reviewer. All parties,
either personally, through counsel or authorized union representative,
shall have the opportunity to present argument. Information and/or
argument which was not presented at a prior level of appeal shall
not be considered.
1. If a salary reviewer is appointed, he or she shall submit
a report and recommendation to the Commissioner within 30 days
after the review.
2. The report and recommendation shall be sent to all parties.
Exceptions may be filed within 15 days of receipt of the report
and recommendation. If exceptions are filed, cross-exceptions may
be filed within 10 days of receipt of the exceptions. Exceptions
and cross-exceptions shall be served on all parties.
(f) A decision by the Commissioner is the final administrative
determination.
(g) If a title is approved for reevaluation, the effective date
of the reevaluation shall be the first full pay period following
the receipt by the Department of Personnel of a fully documented
request for reevaluation under (a) above or a fully documented
appeal under (b) above.
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(a) An appointing authority may place
a new employee at a salary step up to and including the fourth
step of the salary range for the employee's title. A new employee,
for purposes of this section, is one who has had no immediate prior
State service with that appointing authority. See N.J.A.C. 4A:4-7.4(b)
for transfers.
(b) When the employee has separated from another State appointing
authority, a State college, Rutgers, the State University, the
New Jersey Institute of Technology, or the University of Medicine
and Dentistry of New Jersey, and has been hired without an interruption
in service, the employee may be placed up to and including that
step of the salary range that the employee would receive if the
employee had been continuously employed in the new agency.
(c) An authorized hiring rate (AHR) is the set salary for initial
appointments to particular job titles as established by the Commissioner.
When an AHR is established or changed, current employees in such
titles whose salaries are below the AHR shall be advanced to the
AHR, and current employees in such titles whose salaries are the
same as the AHR may be advanced by the Commissioner.
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(a) An anniversary date is the biweekly pay period in which an employee is eligible, if warranted by performance and place in the salary range, for a salary increase.
1. An employee's anniversary date shall be assigned upon initial appointment to the first pay period following the completion of 26 full pay periods after appointment. In years which contain 27 pay periods, anniversary dates shall be determined in accordance with a schedule issued by the Department of Personnel.
EXAMPLE: An employee is appointed to a position on Monday, August 16, 1993. The first full pay period following the date of appointment is pay period 18, which begins on August 21, 1993. The employee's anniversary date is pay period 18 in calendar year 1994, expressed as 18/94.
2. An employee who starts work on the first Tuesday of a pay period immediately following a Monday holiday or special day off shall be assigned the anniversary date of that pay period.
3. An employee at the eighth step of the range only becomes eligible for advancement to the ninth step, if warranted by performance, following the completion of 39 pay periods.
(b) A current employee's anniversary date may change as a result of an advancement pay adjustment. See N.J.A.C. 4A:3-4.9. If the anniversary date is advanced based on the date of adjustment, the new anniversary date is the first pay period following the completion of 26 full pay periods after the date of that adjustment.
1. An employee's anniversary date may also change as a result of time spent in non-pay status. See N.J.A.C. 4A:3-4.6.
(c) The anniversary date of a trainee, apprentice, recruit or intern shall change as the result of regular appointment to the primary title. See N.J.A.C. 4A:3-3.7. The new anniversary date shall be the pay period following completion of 26 full pay periods after the date of regular appointment to the primary title.
(d) Employees in intermittent titles shall receive initial and subsequent anniversary dates which correspond to the first pay period after completion of 1827 work hours (NL, NE, 35 and 3E titles) or 2088 work hours (40, 4E and N4 titles) in regular pay status. When an employee moves from an intermittent title, 80 hours of service in an intermittent title shall equal one pay period for 40, 4E and N4 titles and 70 hours of service in an intermittent title shall equal one pay period for NL, NE, 35 and 3E titles.
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(a) Except as provided in (b)
below, time spent by employees in non-pay status, including suspensions,
shall not be included in total time of employment when calculating
eligibility for annual increments.
1. An employee's anniversary date shall be advanced by one
full pay period for each full pay period in non-pay status.
2. If an employee is in non-pay status on an intermittent
basis during the course of a calendar year, the employee's anniversary
date shall be advanced by one pay period for each 10 working
days in non-pay status.
(b) The following periods of non-pay status shall not be deducted
from earned time for purposes of calculating anniversary dates:
1. Military leave;
2. Educational leave;
3. The two month period when employees in 10 month job titles
are not scheduled to work;
4. Days on which part-time employees are not scheduled to
work;
5. Leave without pay following exhaustion of sick leave injury;
6. Leave without pay while receiving workers' compensation
benefits;
7. Leave without pay under a voluntary alternative to layoff
program;
8. Voluntary furlough; and
9. Furlough extension leave.
(c) When an employee returns from one full pay period or more
in non-pay status, or when an employee accumulates 10 or more
working days in non-pay status on an intermittent basis, the
appointing authority shall notify the Department of Personnel
and the employee in writing that the anniversary date is to
be changed. If an alternate workweek plan has been established,
consideration of the adjusted hours per day must be made when
counting the number of work days in non-pay status.
(d) Intermittent days without pay which total less than 10
shall not be carried forward to the next calendar year.
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When an employee moves
to a different title, including a change in workweek and/or work
year, the type of pay adjustment shall be determined according
to class code change as follows:
Compared to Class Code of New Title Type of Pay Adjustment Applicable
Section
Old Title
Same Lateral N.J.A.C. 4A:3-4.8
Higher Promotion, upward title reevaluation, and N.J.A.C. 4A:3-4.9
other advancements
Lower Demotion N.J.A.C. 4A:3-4.10
Downward title reevaluation N.J.A.C. 4A:3-4.11
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(a) A lateral
pay adjustment occurs when an employee moves to a title having
the same class code. An employee affected by such lateral pay
adjustment shall not be considered to have been promoted or demoted,
even if actual salary changes.
(b) Employees affected by a lateral pay adjustment shall have
their pay adjusted to the same step in the salary range of the
new title as that step at which they were paid in the salary
range of the former title. The employee's anniversary date shall
not be changed.
EXAMPLE: An employee currently on step four, salary range A10
($15,800.94), in a 35-hour workweek title (class code 11), is
appointed to a 40-hour workweek title in class code 11. The
new salary range will be A12, and the employee will be placed
on step four ($17,415.44). NOTE: Salaries effective September
12, 1987.
(c) When a workweek change occurs for an employee whose salary
is between steps of the range, the following calculation shall
be made to accommodate the workweek adjustment. Divide the amount
of extra salary by the amount of the increment of the employee's
current salary range. This will provide a percentage of the
current increment represented by the extra salary. Adjust the
employee's salary to the new range at the same step. Calculate
the amount of extra salary by applying the percentage arrived
at above to the increment of the new range.
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(a) Employees who are appointed to a title with a higher class code shall receive a salary increase equal to at least one increment in the salary range of the former title plus the amount necessary to place them on the next higher step in the new range, unless a different salary adjustment is established in a collective negotiations agreement, except that in no event shall such adjustment result in a higher salary than that provided for in this section. If the workweek changes, workweek adjustments will be made prior to the determination of anniversary date. If the workweek increases, workweek adjustments will be made prior to salary determination. (See (f) below). This subsection shall apply when the following conditions are met:
1. Employees are appointed from their permanent title to a title with a higher class code following or subject to a promotional examination;
2. Employees are serving in a title which is reevaluated to a higher class code; or
3. Employees are appointed to a title with a higher class code, when the conditions in (a)1 or 2 above are not applicable, provided the Civil Service Commission finds the following criteria are met:
i. The employee has served continuously in the lower title for at least four months immediately preceding the effective date of the advancement; and
ii. The service in the lower title provided significant preparation and training for service in the higher title.
(b) When an employee is advanced to a title with a salary schedule which is different (dollar value of ranges and steps do not coincide) from the employee's previous salary schedule, the steps described in (a) above are first performed in the previous schedule, and then the employee's salary is set at the lowest step in the new schedule and range that equals or exceeds that salary.
(c) When an employee has been at the maximum of his or her previous salary range for at least 39 pay periods, and the salary increases after workweek adjustment would be less than two increments in the employee's previous range, the employee shall receive an additional increment in the new range, providing the employee is not already at the maximum of the new range.
(d) Employees who do not meet the criteria set forth in (a) above shall be placed on a step in the salary range of the title with the higher class code that is the same or next higher than the salary paid in the title with the lower class code.
1. The adjustments described in (b) and (c) above shall be applied as appropriate.
(e) The anniversary date will be retained if the total salary increase after workweek adjustment is less than two increments in the employee's previous range. If the total salary increase after workweek adjustment is two increments or more, or the advancement results in step eight or nine, the anniversary date will be determined by the effective date of the action (frozen if step eight or nine).
(f) The workweek adjustment is computed by finding the workweek adjusted range, according to the following chart, and then placing the employee on the same step in the workweek adjusted range as the employee's step in the former range.

EXAMPLE: An employee on step four in salary range A10 in a 35-hour week title is appointed to a 40-hour week title. Adjusting salary range A10 (35 hours) to the 40-hour week (+2 salary ranges) will result in a range A12, step four.
(g) When an employee's work year changes, a work year adjustment shall first be performed before making any other adjustments under this section. The work year adjustment is computed by placing the employee in the same step three ranges up, when work year is increased from 10 to 12 months, or three ranges down, when work year is decreased from 12 to 10 months.
EXAMPLE: An employee on step four, range A10 in a 10 month title, is promoted to a 12 month title with salary range A15. There is no change in workweek. The work year adjustment would bring the employee to step four, range A13. Then, salary is calculated based on (a) above. |
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(a) The salary
of an employee who receives a disciplinary demotion shall be adjusted
by reducing the employee's salary one increment in the higher
range. Then, the employee's salary in the lower range will be
set at the step that is equal to or next lower than such reduced
salary.
1. The adjustment in (a) above shall be made after adjustment
for workweek. See N.J.A.C. 4A:3-4.9(f).
i. When a workweek change occurs for an employee whose salary
is between steps of the range, the following calculation shall
be made to accommodate the workweek adjustment: Divide the amount
of extra salary by the amount of the increment of the employee's
current salary range. This will provide a percentage of the
current increment represented by the extra salary. Adjust the
employee's salary to the workweek adjusted range at the same
step. Calculate the amount of extra salary by applying the percentage
arrived at above to the increment of the workweek adjusted range.
2. The anniversary date is retained, unless the action results
in step eight or nine, in which case the anniversary date is
based on the effective date of the action.
(b) When an appointing authority demotes an employee involuntarily
in lieu of removal due to loss of qualifications for job title
(for example, a Truck Driver whose license is suspended is demoted
to a Building Maintenance Worker), salary and anniversary date
shall be determined as provided in (a) above. If the employee
is subsequently returned to the former title, he or she may
be appointed up to and including the step held prior to the
demotion.
(c) If the demotion is other than disciplinary or in lieu
of removal under (b) above, the employee's salary shall be reduced
one increment in the higher range. Then the employee's salary
in the lower range will be set at the step that is equal to
or next higher than such reduced salary.
1. The adjustment in (c) above is made after adjustment for
workweek. See N.J.A.C. 4A:3-4.9(f).
2. The anniversary date is retained, unless the action results
in step eight or nine.
i. If the action results in step eight, the employee shall be eligible for
advancement to step nine, if warranted by performance, on the pay period
that reflects the difference between the time served on the step prior to
demotion and 39 pay periods.
ii. If the action results in step nine, the anniversary date
is based on the effective date of the action.
3. This adjustment shall be applied only when the employee
has served at least 12 months in the higher title and:
i. The employee has previously held the lower title;
ii. The employee is being demoted in lieu of layoff; or
iii. The Chairperson of the Civil Service Commission or designee finds that service in the
higher title provided significant preparation and training for
service in the lower title.
4. If the conditions in (c)3 above are not met, then salary
and anniversary date shall be determined by reconstructing the
employee's salary as if the employee had remained in or been
appointed to the lower title on the date he or she was appointed
to the higher title. N.J.A.C. 4A:3-4.4 may be applied, but in
no case shall an employee receive a higher salary than that
calculated through the application of (c) above.
(d) For all non-disciplinary demotions except voluntary demotions
and those provided in (b) above, an employee demoted to a title
lower than the class code of his or her permanent title must
be given 45 days' notice of demotion by the appointing authority.
(e) This section shall not be used to gain a salary increase for an employee,
except in the following situations:
1. An employee is moving from a managerial to a non-managerial title and
the applicable salary regulation issued in accordance with the annual
Appropriations Act provides that the affected employee shall receive a salary
increase; or
2. The employee receives a salary increase due to a change in workweek.
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(a) When a title is reevaluated to a lower
class code, or when a title is eliminated and incumbents are placed
in a title having a lower class code, each employee in that title
shall remain at his or her current base salary. The part of an
employee's base salary that is above the nearest lower step in
the lower range will be carried as extra salary until the employee's
anniversary date, at which time the employee's salary shall be
moved to the next higher step, if warranted by performance, in
lieu of the normal performance increment. If the employee's base
salary is above the maximum step, the employee will be red circled,
that is, remain at that salary until the maximum step of the lower
range is increased to a level at or above the employee's base
salary, at which time the employee's salary shall be moved to
that maximum step of the lower range.
1. The effective date of a downward title reevaluation shall
be the first pay period that is 60 days after the date of the
reevaluation determination by the Commissioner.
2. All employees affected by a downward title reevaluation
and their negotiations representatives shall be given notice
by the appointing authority of the reduction in range at least
45 days prior to the effective date.
3. When a title has been eliminated and incumbents placed
in a title having a lower class code, the Commissioner, on his
or her own initiative or upon the request of affected employees
and/or their negotiations representatives, may provide for additional
adjustments for affected employees.
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(a) When a title is changed
from a no-range or single rate category to a range in the Compensation
Plan, or when an employee moves from a no-range title to a title
having a salary range, the salary shall be adjusted up to the
step in the range that is the same or next higher than the salary
of the no range or single rate title and the anniversary date
assigned based on the pay period the employee would have been
eligible for an increase in the no range or single rate title,
providing the following two criteria are met:
1. The Department of Personnel finds that service in the no-range
title provided the employee with significant experience and
training for service in the range title; and
2. The employee has served in the former title for four months
or more.
(b) When the employee's appointment does not satisfy the conditions
in (a) above, salary and anniversary date shall be determined
by reconstructing the employee's salary as if the employee had
been serving in the range title on the date the employee was
appointed to the no-range title, provided, however, that in
no event shall the new salary be higher than the salary in the
no-range title.
(c) If the employee's base salary is above the maximum step,
the employee will be red circled, that is, remain at that salary
until the maximum step of the range is increased to a level
at or above the employee's base salary, at which time the employee's
salary shall be moved to that maximum step of the range.
(d) This section shall not apply to employees appointed from
a Tentative Title or to a Trainee Title. See N.J.A.C. 4A:3-4.14
regarding Trainee Titles and 4A:3-4.15 regarding Tentative Titles.
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Except as otherwise provided
by the Commissioner, an employee whose base salary is not on a
step in his or her salary range shall remain at his or her current
base salary. That part of an employee's salary that is above the
nearest lower step in the salary range will be carried as extra
salary until the employee's anniversary date, at which time the
employee's salary shall be moved to the next higher step, if warranted
by performance, in lieu of the normal performance increment. If
the employee's base salary is above the maximum step, the employee
will be red circled, that is, remain at that salary until the
maximum step of the range is increased to a level at or above
the employee's base salary, at which time the employee's salary
shall be moved to that maximum step of the range.
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(a) Except as provided in (b) below, an employee
with permanent status or with at least six months' continuous
service may, at the option of the appointing authority, retain
his or her current salary when appointed to a trainee title. The
employee shall remain at his or her salary until the salary rate
of the trainee title exceeds the employee's salary, the employee
advances to the primary title after completing the training period,
or the employee is advanced to a higher title. Upon advancement
from the trainee title to the primary title, the employee's salary
shall be determined by reconstructing the employee's salary as
if the employee had continued to serve in his or her permanent
title during the training period or by the normal advancement
from a trainee to a primary title, whichever is greater.
(b) An employee in (a) above shall not be paid higher than
the maximum step of the primary title.
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(a) When appointed to positions
designated "Tentative Title":
1. New employees, at the discretion of their appointing authority,
may be appointed at a salary up to the fourth step of the salary
range initially recommended for the title by the Department
of Personnel, based on the new title request materials submitted
by an appointing authority.
2. Current employees of an agency shall have their salaries
adjusted in accordance with rules which would be applicable
if, in fact, the title were actually compensated at the salary
range specified in (a)1 above.
(b) If the final evaluated range is lower than the initially
recommended range, the salaries of employees serving in affected
Tentative Title positions shall be adjusted in accordance with
downward title reevaluations. See N.J.A.C. 4A:3-4.11.
(c) Anniversary dates shall be set based on the date of appointment
to the Tentative Title.
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(a) Upon return from military leave, a regularly
appointed employee in a trainee title shall receive a salary at
the six months rate, provided the total time in the trainee title
on the job and on leave equals six months or more.
(b) Upon successful completion of the total 12 months of trainee
service on the job, including the required working test period,
the employee will be advanced to the primary title at the salary
rate the employee would have received had the employee not been
on military leave.
(c) The employee's personnel record shall indicate seniority
in all pertinent titles retroactive to dates on which the employee
would have gained such seniority had the employee not gone on
military leave.
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(a) The salary of an employee
appointed from a special reemployment list shall be determined
as follows:
1. When appointed to the same title held at the time of the
reduction in force, the employee shall receive the same step
of the salary range received on the date of the layoff or the
salary determined in accordance with (a)2 below, whichever is
the most beneficial to the employee.
2. When appointed to a different title from the one held at
the time of the reduction in force, the employee shall receive
the most beneficial to the employee of the following:
i. The same step and salary range that he or she would have
received if appointed to the new title on the date of the reduction
in force; or
ii. When the employee is currently serving in another title,
the salary determined by adjustment to the new title:
(1) When appointed to a new title with the same class code,
make a lateral pay adjustment, N.J.A.C. 4A:3-4.8;
(2) When appointed to a new title with a higher class code,
make an advancement pay adjustment, N.J.A.C. 4A:3-4.9. If the
employee has attained a higher salary in a lower title than
the current value of the step he or she would have received
in the new title on the date of the layoff, the salary shall
be set at the step that is next higher than the salary in the
lower title. The anniversary date will be set based on the effective
date of the action; or
(3) When appointed to a new title with a lower class code,
make a demotional pay adjustment, N.J.A.C. 4A:3-4.10.
(b) The anniversary date of an employee appointed from a special
reemployment list shall be determined as follows:
1. When using (a)1 or (a)2i above to determine salary, reconstruct
the employee's anniversary date to the date of the reduction
in force, then calculate the additional number of pay periods
needed to meet the requirements for a performance increment
(except as provided in (a)2ii(2)). Assign the anniversary date
which will include the additional number of pay periods of service
needed to satisfy anniversary date requirements.
2. When using (a)2ii above to determine salary, follow the
provisions for either a lateral pay adjustment (N.J.A.C. 4A:3-4.8),
advancement pay adjustment (N.J.A.C. 4A:3-4.9) or demotional
pay adjustment (N.J.A.C. 4A:3-4.10) as applicable.
3. If at the time of the reduction in force the employee was
at the maximum salary step for the title from which displaced,
assign the anniversary date that reflects the length of time
that the employee had been at the maximum step on the date of
the reduction in force.
EXAMPLE: An employee is reappointed from a special reemployment
list on April 3, 1993 (pay period 8/93) to the permanent title
from which the employee was laid off on January 23, 1993 (pay
period 3/93). At the time of the layoff the employee was receiving
the ninth step of the salary range with an anniversary date
of 1/93. When reappointed, the employee will receive an anniversary
date of 6/93 to show that the employee had been at the maximum
step of the salary range for two pay periods.
(c) The salary and anniversary date for an employee who is
appointed to a title that was reevaluated after the date of
the reduction in force shall be determined by calculating the
salary and anniversary date by (a)1 and (b)1 above, using the
title's former salary range. See N.J.A.C. 4A:3-4.9 and 4A:3-4.11.
(d) This section shall not be used to obtain a salary greater
than that the employee would have received in the absence of
a reduction in force.
(e) This section shall be applied to unclassified or provisional
employees recalled after a reduction in force in accordance
with a collective negotiations agreement.
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(a) A current State employee who is appointed from a regular reemployment list shall have the salary and anniversary date determined in accordance with N.J.A.C. 4A:3-4.8 through 4A:3-4.11, as appropriate. If the employee would receive a greater salary under the provisions of (b) below, the appointing authority may request application of those provisions.
(b) An individual not currently employed by the State who is appointed from a regular reemployment list shall receive an anniversary date based on the new date of appointment and, at the request of the appointing authority, be paid:
1. When re-appointed to the prior permanent title, up to the same step in the salary range which the employee was receiving in that title; or, if the employee was serving in an unclassified title or provisionally in another title at the time of the separation, up to the same step in the salary range which the employee would have received had the employee been returned to his or her permanent title on the date of the separation.
2. When reappointed to a title other than the prior permanent title, up to the same step in the salary range which the employee would have received if the employee had been appointed to the title on the date of the separation.
(c) When an employee has been reappointed to a title which has been reevaluated since the separation, the employee's salary shall be set up to an amount determined by reconstruction. See N.J.A.C. 4A:3-4.10. |
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The Commissioner shall issue annual updates
to the Compensation Plan regarding computing pay for temporary
employees, extra compensation on special projects, emergency rates
and other allowances to employees.
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Personnel actions having
retroactive effective dates shall apply only to employees who
remain on a State payroll on the date of the retroactive payment
and employees who retire or die during the period of retroactive
application.
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(a) The Commissioner
may waive, in whole or in part, the repayment of an erroneous
salary overpayment, or may adjust the repayment schedule based
on consideration of the following factors:
1. The circumstances and amount of the overpayment were such
that an employee could reasonably have been unaware of the error;
2. The overpayment resulted from a specific administrative
error, and was not due to mere delay in processing a change
in pay status;
3. The terms of the repayment schedule would result in economic
hardship to the employee.
(b) An employee or appointing authority may request a waiver
of repayment in accordance with the procedure for written record
appeals. See N.J.A.C. 4A:2-1.
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