South Carolina Code of Regulations › Chapter 19 - STATE BUDGET AND CONTROL BOARD › Article 7 - DIVISION OF HUMAN RESOURCE MANAGEMENT › Subarticle 1 - OFFICE OF HUMAN RESOURCES, STATE HUMAN RESOURCES REGULATIONS › Section 19-705.05 - SALARY DECREASES

Current through Register Vol. 48, No. 6, June 28, 2024
A. Agencies
				shall develop written policies to govern the administration of salary decreases
				for employees.
B. In-Band Salary
				Decreases--Written justification for effecting any salary decrease shall be
				maintained by the employing agency. An employee's salary may be decreased
				within his current pay band for the following reasons:
1. Performance Decrease--An agency may
				decrease an employee's salary based upon performance in accordance with Section
				8-1-160
				of the South Carolina Code of Laws. Such decrease shall be determined by the
				agency. Performance decreases must not place an employee's salary below the
				minimum of the pay band. Performance decreases must be based on the results of
				an Employee Performance Management System (EPMS) evaluation.
2. Removal of Additional Job Duties or
				Responsibilities--Should the additional job duties or responsibilities which
				justified an additional job duties or responsibilities increase be removed from
				an employee within six months of the date that the salary increase was awarded
				or prior to the end of the trial period, the salary may be reduced by up to the
				amount of additional job duties or responsibilities increase. Such decrease in
				salary is not grievable or appealable under the State Employee Grievance
				Procedure Act.
3. Assignment of
				Lower Level Responsibilities
a. Voluntary
				Reason--An employee who is voluntarily assigned lower level responsibilities or
				moved to a position in his current pay band with lower level responsibilities
				than his current position, may, at the discretion of the agency head or his
				designee, be paid at any rate within the pay band provided the rate is equal to
				or below the current salary and provided the employee signs a written statement
				indicating agreement to the salary decrease. The signed document should be
				maintained by the agency.
b.
				Involuntary Reason--A covered employee who is involuntarily assigned lower
				level responsibilities or moved to a position in his current pay band with
				lower level responsibilities than his current position, shall not have his
				salary reduced for a period of one year from the date of the action unless an
				exception is approved by the Budget and Control Board or his designee. After
				the expiration of the one-year period, with the approval of the agency head, or
				his designee, the employee's salary may be reduced no more than 15% or to the
				midpoint of the pay band, whichever is lower. An employee exempt from the State
				Employee Grievance Procedure Act, who is involuntarily assigned lower level
				responsibilities, may have his salary reduced no more than 15% or to the
				midpoint of the pay band, whichever is lower, immediately following the
				assignment of lower level responsibilities.
If the employee's salary is allowed to remain above the
				  maximum of the pay band, the employee shall not be eligible for pay increases
				  unless:
(1) Subsequent pay adjustments
				establish the maximum of the pay band above the employee's rate of pay;
				or
(2) The employee is subsequently
				promoted or his position is reclassified and his current rate of pay is below
				the maximum for the pay band for the class to which promoted or
				reclassified.