780 KAR 6:020. Compensation plan.

      RELATES TO: KRS 151B.035

      STATUTORY AUTHORITY: KRS 151B.035

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 151B.035 requires the State Board for Adult and Technical Education to promulgate comprehensive administrative regulations consistent with the provisions of KRS 151B.035 which govern the pay plan for all unclassified service in the Department for Adult and Technical Education. This administrative regulation is to assure uniformity and equity in administration of the pay plan in accordance with statutory requirements.

      Section 1. General Provision. The commissioner shall prepare and recommend through the Secretary of the Workforce Development Cabinet to the State Board for Adult and Technical Education and the Secretary of the Finance and Administrative Cabinet a pay plan for all aforementioned employees in the unclassified service taking into account but not limited to such factors as:

      (1) The relative levels of duties and responsibilities of various classes of positions;

      (2) Rates paid for comparable positions elsewhere; and

      (3) The state's financial resources.

      Such pay shall become effective upon approval by the Governor after submission by the commissioner through the Secretary of the Workforce Development Cabinet and the Secretary of the Department of Finance. Amendments to the pay plan may be made in the same manner. Each employee shall be appointed at a rate set forth within the pay plan for the position in which he is employed.

      Section 2. Appointments. New unclassified service employees or reentering unclassified service employees shall be appointed at the salary within the salary structure for unclassified service employees commensurate with education level and experience.

      Section 3. Salary Adjustments. (1) Promotion. A certified or equivalent employee who is promoted to the unclassified service may receive a five (5) percent salary increase at the time of promotion. 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. Upon the successful completion of a six (6) month promotional probationary period, an unclassified employee may receive at the discretion of the commissioner a five (5) percent promotional increase at the beginning of the month following completion of the probationary period.

      (2) Demotion. An unclassified employee in the Department for Adult and Technical Education who is demoted to another position in the unclassified service shall have his salary adjusted in accordance with the appropriate salary schedule.

      (3) Other salary adjustments.

      (a) The Commissioner for Adult and Technical Education may authorize performance bonuses in lump sum payments for outstanding job performance in the unclassified service in any fiscal year in which monies are available. The criteria for such awards shall be approved by the State Board for Adult and Technical Education.

      (b) Educational achievement increases will be honored for those employees who have an approved educational achievement award agreement on file in the Division of Personnel Services as of July 1, 1990. This provision will expire when previous commitments have been met.

      Section 4. Salary Advancements. (1) Annual salary increments for unclassified employees shall occur commensurate with each person's established increment date.

      (2) Paid overtime. Unclassified employees shall be awarded overtime payments in accordance with the Fair Labor Standards Act, 29 US 201 et seq. (17 Ky.R. 1277; eff. 12-9-90.)