reglab/housing_qa huggingface dataset:
MT Code § 2-18-104 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 1. General Provisions|2-18-104. Exemption for personal staff -- limit

  2-18-104. Exemption for personal staff -- limit. (1) Subject to the limitations in subsections (2) and (3), members of a personal staff are exempt from parts 1 through 3 and 10.  (2) The personal staff who are exempted by subsection (1) may not exceed 10 unless otherwise approved by the department according to criteria developed by the department. Under no circumstances may the total exemptions of each elected official exceed 15.   (3) The number of members of the personal staff of the public service commission who are exempted by subsection (1) may not exceed 6.   (4) The number of members of the personal staff of the leadership of the legislature who are exempted by subsection (1) may not exceed:   (a) one personal staff for the speaker of the house of representatives;   (b) one personal staff for the minority leader of the house of representatives;   (c) one personal staff for the president of the senate;   (d) one personal staff for the minority leader of the senate; and   (e) one personal staff that serves at the pleasure of the speaker of the house of representatives and the president of the senate for the purposes provided in 5-5-110. (Subsection (4)(e) terminates June 1, 2023--sec. 6, Ch. 523, L. 2021.)   History: En. Sec. 1, Ch. 440, L. 1973; amd. Sec. 1, Ch. 488, L. 1977; R.C.M. 1947, 59-903(part (3)); amd. Sec. 3, Ch. 512, L. 1979; amd. Sec. 1, Ch. 538, L. 1983; amd. Sec. 1, Ch. 661, L. 1987; amd. Sec. 3, Ch. 660, L. 1989; amd. Sec. 4, Ch. 339, L. 1997; amd. Sec. 1, Ch. 523, L. 2021.
MT Code § 2-18-105 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 1. General Provisions|2-18-105. Repealed

  2-18-105. Repealed. Sec. 4, Ch. 239, L. 1989.   History: En. Sec. 16, Ch. 440, L. 1973; R.C.M. 1947, 59-914.
MT Code § 2-18-106 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 1. General Provisions|2-18-106. No limitation on legislative authority -- transfer of funds

  2-18-106. No limitation on legislative authority -- transfer of funds. (1) Parts 1 through 3 do not limit the authority of the legislature relative to appropriations for salary and wages. The budget director shall adjust determinations in accordance with legislative appropriations.   (2) Unexpended agency appropriation balances in the first year of the biennium may be transferred to the second year of the biennium to offset the costs of pay increases.   History: (1)En. Sec. 13, Ch. 440, L. 1973; amd. Sec. 5, Ch. 181, L. 1975; R.C.M. 1947, 59-912; amd. Sec. 2, Ch. 678, L. 1979; (2)En. Sec. 10, Ch. 421, L. 1981; amd. Sec. 6, Ch. 710, L. 1983; amd. Sec. 120, Ch. 61, L. 2007.
MT Code § 2-18-107 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 1. General Provisions|2-18-107. Job-sharing positions -- benefits

  2-18-107. Job-sharing positions -- benefits. (1) Job sharing may be used, to the extent practicable, by each agency as a means of promoting increased productivity and employment opportunities. Job sharing may be actively pursued to fill vacated or new positions but may not be actively pursued to replace current full-time employees. However, on request of a current employee, that employee's position may be considered for job sharing. A position may be filled by more than one incumbent currently in a full-time position.   (2) Employees in a job-sharing status are entitled to holiday pay, annual leave, sick leave, and health benefits on the same basis as permanent part-time employees provided for in 2-18-603, 2-18-611, 2-18-618, and 2-18-703.   (3) Employees classified in a part-time status may not be reclassified to a job-sharing status while employed in the position classified as part-time.   History: En. Sec. 3, Ch. 684, L. 1983; amd. Sec. 1, Ch. 106, L. 1985; amd. Sec. 121, Ch. 61, L. 2007.
MT Code § 2-18-108 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 1. General Provisions|2-18-108. and 2-18-109 reserved

  2-18-108 and 2-18-109 reserved.
MT Code § 2-18-110 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 1. General Provisions|2-18-110. Repealed

  2-18-110. Repealed. Sec. 11, Ch. 7, L. 2009.   History: En. Sec. 11, Ch. 720, L. 1991.
MT Code § 2-18-111 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 1. General Provisions|2-18-111. Hiring preference for residents of Indian reservations for state jobs within reservation -- rules

  2-18-111. Hiring preference for residents of Indian reservations for state jobs within reservation -- rules. (1) A state agency that operates within an Indian reservation shall give a preference in hiring for employment with the state agency to an Indian resident of the reservation who has substantially equal qualifications for the position.   (2) The commissioner of labor and industry shall enforce this section and investigate complaints of its violation and may adopt rules to implement this section.   (3) For the purposes of this section, the following definitions apply:   (a) "Employment" means being employed as a permanent, temporary, or seasonal employee as defined in 2-18-101 for a state position. The term does not include:   (i) a state elected official;   (ii) appointment by an elected official to a body, such as a board, commission, committee, or council;   (iii) appointment by an elected official to a public office if the appointment is provided for by law;   (iv) engagement as an independent contractor or employment by an independent contractor; or   (v) engagement as a student intern.   (b) "Indian" means a person who is enrolled or who is a lineal descendant of a person enrolled upon an enrollment listing of the bureau of Indian affairs or upon the enrollment listing of a recognized Indian tribe, domiciled in the United States.   (c) "State agency" means a department, office, board, bureau, commission, agency, or other instrumentality of the executive or judicial branches of the government of this state.   History: En. Sec. 1, Ch. 506, L. 1991; amd. Sec. 5, Ch. 339, L. 1997; amd. Sec. 2, Ch. 75, L. 2005.
MT Code § 2-18-112 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 1. General Provisions|2-18-112. through 2-18-114 reserved

  2-18-112 through 2-18-114 reserved.
MT Code § 2-18-115 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 1. General Provisions|2-18-115. Exemption for certain university temporary employees -- "temporary employee" defined

  2-18-115. Exemption for certain university temporary employees -- "temporary employee" defined. (1) With the exception of 2-18-603, the requirements of parts 6 and 7 of this chapter do not apply to a temporary employee of the university system.   (2) As used in this section, "temporary employee" means an employee of the university system who is hired into a position that is not permanent and who has negotiated an alternative benefits package through a labor organization certified to represent employees of the university system pursuant to Title 39, chapter 31. The employer contribution to the alternative benefits package may not exceed the cost of the benefits that the employee would otherwise be entitled to through employment.   History: En. Sec. 1, Ch. 121, L. 1995.
MT Code § 2-18-116 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 1. General Provisions|2-18-116. through 2-18-119 reserved

  2-18-116 through 2-18-119 reserved.
MT Code § 2-18-120 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 1. General Provisions|2-18-120. Telework authorized and encouraged

  2-18-120. Telework authorized and encouraged. (1) An agency may authorize telework for specified employees when it is in the state's best interest as determined and documented by the agency.   (2) The department shall adopt policies to encourage agencies to authorize telework and to provide for the uniform implementation of this section by agencies.   History: En. Sec. 1, Ch. 56, L. 2005.
MT Code § 2-18-201 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 2. Classification|2-18-201. Implementation and maintenance of broadband classification plan

  2-18-201. Implementation and maintenance of broadband classification plan. (1) The department shall implement and maintain a broadband classification plan for all state positions in state service except those exempt in 2-18-103 and 2-18-104.   (2) The legislative council shall in a like manner implement and maintain a broadband classification plan for employees of the legislative branch, other than those of the office of consumer counsel.   History: En. Sec. 3, Ch. 440, L. 1973; R.C.M. 1947, 59-905; amd. Sec. 4, Ch. 512, L. 1979; amd. Sec. 12, Ch. 545, L. 1995; amd. Sec. 4, Ch. 81, L. 2007.
MT Code § 2-18-202 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 2. Classification|2-18-202. Identification of occupations

  2-18-202. Identification of occupations. In providing for the broadband classification plan, the department shall group all positions in state service into defined occupations based on similarity of work performed, responsibilities assumed, difficulty of work, required knowledge, and required skills.   History: En. Sec. 4, Ch. 440, L. 1973; R.C.M. 1947, 59-906; amd. Sec. 5, Ch. 81, L. 2007; amd. Sec. 2, Ch. 7, L. 2009.
MT Code § 2-18-203 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 2. Classification|2-18-203. Review of positions

  2-18-203. Review of positions. (1) The department shall review the job evaluation factor of positions on a regular basis and may adjust the occupations for the positions to reflect significant changes in duties and responsibilities. If adjustments are to be made to benchmarks or criteria used for classifying positions affecting employees within a bargaining unit, the department shall consult with the representative of the bargaining unit prior to implementation of the adjustments, except for positions factored in the blue-collar pay plan, which must remain a mandatory negotiable item under Title 39, chapter 31.   (2) Employees and employee organizations must be given the opportunity to appeal a position classification. Classification standards are not appealable subjects under 2-18-1011 through 2-18-1013.   (3) The period of time for which retroactive pay for a compensation or classification appeal may be awarded under 2-18-1011 through 2-18-1013 or under parts 1 through 3 of this chapter may not extend beyond 30 days prior to the date on which the appeal was filed.   History: En. Sec. 5, Ch. 440, L. 1973; amd. Sec. 1, Ch. 166, L. 1975; amd. Sec. 1, Ch. 471, L. 1977; R.C.M. 1947, 59-907; amd. Sec. 1, Ch. 577, L. 1979; amd. Sec. 2, Ch. 421, L. 1981; amd. Sec. 4, Ch. 455, L. 1995; amd. Sec. 10, Ch. 42, L. 1997; amd. Sec. 6, Ch. 81, L. 2007; amd. Sec. 3, Ch. 430, L. 2017.
MT Code § 2-18-204 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 2. Classification|2-18-204. Determination of number and occupations of employees in each agency

  2-18-204. Determination of number and occupations of employees in each agency. (1) The department shall determine the occupations for positions of employees in each agency. At any time, upon request of an agency, the department may amend the list of occupations for the requesting agency.   (2) Based on documentation to be submitted by each agency, the budget director shall determine the number of positions and employees (full-time equivalents) of each agency or program prior to preparation of the executive budget and before the beginning of each fiscal year. At any time, upon the request of the agency, the budget director may amend the number of positions or employees (full-time equivalents) in any agency or program.   (3) This section does not limit legislative authority to amend the determinations of the department or the budget director.   History: En. Sec. 10, Ch. 440, L. 1973; amd. Sec. 2, Ch. 181, L. 1975; R.C.M. 1947, 59-909; amd. Sec. 7, Ch. 81, L. 2007.
MT Code § 2-18-205 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 2. Classification|2-18-205. Repealed

  2-18-205. Repealed. Sec. 23, Ch. 81, L. 2007.   History: En. Sec. 12, Ch. 440, L. 1973; amd. Sec. 4, Ch. 181, L. 1975; R.C.M. 1947, 59-911; amd. Sec. 1, Ch. 468, L. 1979.
MT Code § 2-18-206 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 2. Classification|2-18-206. List of positions maintained

  2-18-206. List of positions maintained. To facilitate state budgeting and as directed by the budget director, each agency shall maintain a list of current authorized positions, the number of positions in each occupation, and the salaries or wages being paid, appropriated, or proposed for each position.   History: En. Sec. 9, Ch. 440, L. 1973; amd. Sec. 1, Ch. 181, L. 1975; R.C.M. 1947, 59-908; amd. Sec. 8, Ch. 81, L. 2007.
MT Code § 2-18-207 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 2. Classification|2-18-207. Repealed

  2-18-207. Repealed. Sec. 11, Ch. 7, L. 2009.   History: En. Sec. 11, Ch. 440, L. 1973; amd. Sec. 3, Ch. 181, L. 1975; R.C.M. 1947, 59-910; amd. Sec. 2, Ch. 468, L. 1979; amd. Sec. 9, Ch. 81, L. 2007.
MT Code § 2-18-208 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 2. Classification|2-18-208. Comparable worth

  2-18-208. Comparable worth. The department of administration shall, in its continuous efforts to enhance the current classification plan and pay schedules, work toward the goal of establishing a standard of equal pay for comparable worth. This standard for the classification plan shall be reached by:   (1) eliminating, in the classification of positions, the use of judgments and factors that contain inherent biases based on sex; and   (2) comparing, in the classification of positions, the factors for determining job worth across occupational groups whenever those groups are dominated by males or females.   History: En. Sec. 1, Ch. 310, L. 1983.
MT Code § 2-18-209 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 2. Classification|2-18-209. Periodic evaluation

  2-18-209. Periodic evaluation. The department of administration shall periodically evaluate the extent to which Montana's classification plan, pay schedules, and statutes adhere to or fall short of the standard of equal pay for comparable worth. The department may make recommendations to the legislature regarding impediments to meeting this standard.   History: En. Sec. 2, Ch. 310, L. 1983; amd. Sec. 10, Ch. 112, L. 1991; amd. Sec. 8, Ch. 349, L. 1993.
MT Code § 2-18-301 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 3. Compensation Determination|2-18-301. Intent of part -- rules

  2-18-301. Intent of part -- rules. (1) It is the intent of the legislature that compensation plans for state employees, excluding those employees excepted under 2-18-103 or 2-18-104, be based, in part, on an analysis of the labor markets as provided by the department in a biennial salary survey. The salary survey must be submitted to the office of budget and program planning as a part of the information required by 17-7-111.   (2) Pay adjustments, if any, provided for in 2-18-303 supersede any other plan or systems established through collective bargaining after the adjournment of the legislature.   (3) Total funds required to implement the pay increases, if any, provided for in 2-18-303 for any employee group or bargaining unit may not be increased through collective bargaining over the amount appropriated by the legislature.   (4) When fiscally able, the department shall administer the pay program established by the legislature on the basis of competency, competitiveness to the external labor market, pay progression, and other nondiscriminatory factors, while considering pay relationships within an agency or pay unit.   (5) The broadband pay plan must consist of nine pay bands including occupational wage ranges based on an occupation and its job evaluation factor. Each occupational wage range must contain a salary range with a minimum, a market midpoint, and a maximum salary. The salary for an employee may be less than the minimum salary.   (6) Based on the biennial salary survey, the department shall:   (a) identify current market midpoints for all occupations; and   (b) establish the occupational wage range for each occupation.   (7) The department may promulgate rules not inconsistent with the provisions of this part, collective bargaining statutes, or negotiated contracts to carry out the purposes of this part.   (8) Nothing in this part prohibits the board of regents from engaging in negotiations with the collective bargaining units representing the classified staff of the university system.   History: En. 59-922 by Sec. 8, Ch. 563, L. 1977; R.C.M. 1947, 59-922; amd. Sec. 3, Ch. 678, L. 1979; amd. Sec. 3, Ch. 421, L. 1981; amd. Sec. 7, Ch. 710, L. 1983; amd. Sec. 1, Ch. 740, L. 1985; amd. Sec. 2, Ch. 661, L. 1987; amd. Sec. 4, Ch. 660, L. 1989; amd. Sec. 2, Ch. 720, L. 1991; amd. Sec. 9, Ch. 349, L. 1993; amd. Sec. 1, Ch. 640, L. 1993; amd. Sec. 5, Ch. 455, L. 1995; amd. Sec. 11, Ch. 42, L. 1997; amd. Sec. 4, Ch. 417, L. 1997; amd. Sec. 2, Ch. 558, L. 1999; amd. Sec. 1, Ch. 553, L. 2001; amd. Sec. 1, Ch. 552, L. 2003; amd. Sec. 1, Ch. 6, L. 2005; amd. Sec. 10, Ch. 81, L. 2007; amd. Sec. 3, Ch. 7, L. 2009; amd. Sec. 1, Ch. 385, L. 2013; amd. Sec. 5, Ch. 438, L. 2015; amd. Sec. 4, Ch. 430, L. 2017.
MT Code § 2-18-302 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 3. Compensation Determination|2-18-302. Salary schedules maintained by department

  2-18-302. Salary schedules maintained by department. The department shall maintain a schedule of all salaries paid to personnel of civil executive state offices and shall only approve payroll claims agreeing with that schedule. All changes in personnel or salary status shall be authorized as provided by law, and the department shall alter the schedule accordingly when notified by the authorizing agency. However, no changes in personnel or salary status may be authorized that will cause an agency to exceed its appropriation or that will result in a deficiency or supplemental appropriation request to the legislature.   History: En. Sec. 4, Ch. 97, L. 1961; amd. Sec. 49, Ch. 326, L. 1974; R.C.M. 1947, 82-109.4.
MT Code § 2-18-304 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 3. Compensation Determination|2-18-304. Longevity allowance

  2-18-304. Longevity allowance. (1) (a) In addition to the compensation provided for in 2-18-303, each employee who has completed 5 years of uninterrupted state service must receive 1.5% of the employee's base salary multiplied by the number of completed, contiguous 5-year periods of uninterrupted state service.  (b) In addition to the longevity allowance provided under subsection (1)(a), each employee who has completed 10 years of uninterrupted state service, 15 years of uninterrupted state service, 20 years of uninterrupted state service, or 25 years of uninterrupted state service must receive an additional 0.5% of the employee's base salary for each of those additional 5 years of uninterrupted service.   (c) Service to the state is not interrupted by authorized leaves of absence.   (2) (a) For the purpose of determining years of service under this section, an employee must be credited with 1 year of service for each period of:   (i) 2,080 hours of service following the employee's date of employment; an employee must be credited with 80 hours of service for each biweekly pay period in which the employee is in a pay status or on an authorized leave of absence without pay, regardless of the number of hours of service in the pay period; or   (ii) 12 uninterrupted calendar months following the employee's date of employment in which the employee was in a pay status or on an authorized leave of absence without pay, regardless of the number of hours of service in any month. An employee of a school at a state institution or the university system must be credited with 1 year of service if the employee is employed for an entire academic year.   (b) State agencies, other than the university system and a school at a state institution, shall use the method provided in subsection (2)(a)(i) to calculate years of service under this section.   (3) For the purposes of calculating longevity, employment as a short-term worker does not apply toward years of service.   History: En. 59-920 by Sec. 6, Ch. 563, L. 1977; R.C.M. 1947, 59-920; amd. Sec. 5, Ch. 678, L. 1979; amd. Sec. 9, Ch. 710, L. 1983; amd. Sec. 1, Ch. 593, L. 1985; amd. Sec. 4, Ch. 661, L. 1987; amd. Sec. 4, Ch. 720, L. 1991; amd. Sec. 7, Ch. 455, L. 1995; amd. Sec. 13, Ch. 42, L. 1997; amd. Sec. 6, Ch. 339, L. 1997; amd. Sec. 6, Ch. 417, L. 1997; amd. Sec. 4, Ch. 558, L. 1999; amd. Sec. 3, Ch. 6, L. 2005; amd. Sec. 12, Ch. 81, L. 2007; amd. Sec. 2, Ch. 171, L. 2021.
MT Code § 2-18-305 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 3. Compensation Determination|2-18-305. Repealed

  2-18-305. Repealed. Sec. 21, Ch. 455, L. 1995.   History: En. 59-919 by Sec. 5, Ch. 563, L. 1977; R.C.M. 1947, 59-919; amd. Sec. 6, Ch. 678, L. 1979; amd. Sec. 10, Ch. 710, L. 1983; amd. Sec. 5, Ch. 661, L. 1987; amd. Sec. 5, Ch. 720, L. 1991; amd. Sec. 3, Ch. 640, L. 1993.
MT Code § 2-18-306 (2021)
2021 Montana Code Annotated|Title 2. Government Structure and Administration|Chapter 18. State Employee Classification, Compensation, and Benefits|Part 3. Compensation Determination|2-18-306. Determination of weekly or hourly pay rate

  2-18-306. Determination of weekly or hourly pay rate. When the monthly or annual salary rate payable to an officer or employee of the state has been set by law or otherwise, notwithstanding any other provision of law, the weekly or hourly rate of pay shall be determined by dividing the annual salary by 52 weeks or 2,080 hours.   History: En. Sec. 9, Ch. 95, L. 1969; R.C.M. 1947, 25-507.9.