West Virginia Code of State Rules › Agency 143 - Personnel › Title 143 - LEGISLATIVE RULE WEST VIRGINIA DIVISION OF PERSONNEL › Series 143-01 - Administrative Rule of the West Virginia Division of Personnel › Section 143-1-5 - Pay Plan and Salary Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
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.