780 KAR 3:020. Compensation plan.

 

      RELATES TO: KRS 151B.035, 161.605

      STATUTORY AUTHORITY: KRS 151B.035

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035 requires the Commissioner of the Department for Technical Education to promulgate comprehensive administrative regulations consistent with the provisions of KRS 151B.035 which govern the pay plan for all certified and equivalent staff and unclassified staff in the Department for. This administrative regulation establishes the compensation plan for employees of the Department for Technical Education.

 

      Section 1. (1) Appointments. A new certified or equivalent employee or reentering certified or equivalent employee shall be appointed at the salary specified on the Minimum Salary Schedule for Certified and Equivalent Staff commensurate with education rank and experience. An employee in an administrative position may be provided an index adjustment commensurate with the scope of administrative or supervisory responsibility in addition to the base salary as specified for the particular job classification.

      (2) A retired certified or equivalent employee returning to work in a position covered by the Kentucky Teachers' Retirement System shall not be placed on the salary schedule referenced in this section, but shall be paid pursuant to the requirements of KRS 161.605(1) and (2).

 

      Section 2. Salary Adjustments. (1) Promotion.

      (a) A certified or equivalent employee who is promoted shall receive a salary increase of five (5) percent unless his current salary is beyond the minimum on the salary schedule. If the employee's salary is above the minimum, the five (5) percent increase shall be at the discretion of the appointing authority.

      (b)1. A certified or equivalent employee promoted to an unclassified position in the Department for Technical Education shall receive a salary increase of five (5) percent upon promotion unless his current salary is beyond the minimum. If the employee's salary is above the minimum, the salary increase shall be at the discretion of the appointing authority. 2. The employee's salary shall not be below the minimum rate of the higher classification following promotion.

      3. If the promotion is to a position which constitutes an unusual increase in the level of responsibility, the commissioner may grant upon promotion a ten (10) percent to twenty (20) percent salary increase over the employee's previous salary.

      (2) Demotion.

      (a) A certified or equivalent employee in the Department for Technical Education who is demoted shall have his salary adjusted to not more than sixty (60) percent above the proper cell. This salary shall not exceed ninety-five (95) percent of the salary which the employee was receiving prior to the demotion.

      (b) An unclassified employee in the Department for Technical Education who is demoted to a certified or equivalent position shall have his salary adjusted to not more than sixty (60) percent above the proper cell. This salary shall not exceed ninety-five (95) percent of the salary which the employee was receiving prior to the demotion.

      (3) Rank changes. A certified or equivalent employee shall have a salary adjustment retroactive to July 1 for educational rank changes which are confirmed by September 1 of each year.

      (4) Other salary adjustments. The Commissioner for Technical Education may authorize performance bonuses in lump sum payments for outstanding job performance for nonprobationary status employees in any fiscal year in which monies are available.

 

      Section 3. Salary Advancements. (1) The Minimum Salary Schedule for Certified and Equivalent Staff shall be adjusted by September 30 of each year. All certified and equivalent staff shall receive a salary increase not less than the percentage increase provided other state employees. This increase shall be provided July 1. Salary adjustments for those entitled employees shall be retroactive to July 1 of each year once the salary schedule is confirmed by September 30 of each year.

      (2) Annual salary increments for unclassified employees shall occur commensurate with each person's established increment date.

 

      Section 4. Paid Overtime. If applicable, certified and equivalent employees and unclassified employees shall be awarded overtime payments in accordance with the Fair Labor Standards Act, 29 US sec. 201 et seq.

 

      Section 5. Incorporation by Reference. (1) "The Minimum Salary Schedule for Certified and Equivalent Staff", July 1, 2005, is incorporated by reference.

      (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Workforce Investment, Office of Career and Technical Education, Division of Human Resources, 500 Mero, Second Floor, Capital Plaza Tower, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (17 Ky.R. 731; eff. 10-14-90; Am. 18 Ky.R. 3527; eff. 8-1-92; 32 Ky.R. 966; 1618; eff. 3-31-2006.)