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21-5-204. Exceptions.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-5-204. Exceptions.
(a) Except as provided in subsection (b) of this section, this subchapter does not apply to:
(1) The employees of:
(A) Elected constitutional officers of this state;
(B) The General Assembly, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit; and
(C) Members of the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts;
(2) The Arkansas Department of Transportation;
(3) Federal military technicians, military training support personnel, federally funded personnel of the Arkansas National Guard, and other military personnel who are paid directly by the federal government;
(4) The Arkansas State Game and Fish Commission; and
(5) State-supported institutions of higher education.
(b)(1) An employee described in subsection (a) of this section may receive:
(A) A salary increase or a line item maximum increase under § 21-5-211; and
(B) A merit pay increase under § 21-5-1101.
(2) Section 21-5-214 does not apply to the salary increase authorized by subdivision (b)(1)(A) of this section.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-5-204
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:21-5-204
Source file: gov.ar.code.title.21.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 92904219a9233f83bb0151b630baf40872e658f7b0012cafe8dd842cc0d8bb03
Source location: content.xml paragraph 2911
Stored source content
21-5-204. Exceptions.
(a) Except as provided in subsection (b) of this section, this subchapter does not apply to:
(1) The employees of:
(A) Elected constitutional officers of this state;
(B) The General Assembly, including employees of the Bureau of Legislative Research and Arkansas Legislative Audit; and
(C) Members of the Supreme Court, the Court of Appeals, circuit courts, prosecuting attorneys, and the Administrative Office of the Courts;
(2) The Arkansas Department of Transportation;
(3) Federal military technicians, military training support personnel, federally funded personnel of the Arkansas National Guard, and other military personnel who are paid directly by the federal government;
(4) The Arkansas State Game and Fish Commission; and
(5) State-supported institutions of higher education.
(b)(1) An employee described in subsection (a) of this section may receive:
(A) A salary increase or a line item maximum increase under § 21-5-211; and
(B) A merit pay increase under § 21-5-1101.
(2) Section 21-5-214 does not apply to the salary increase authorized by subdivision (b)(1)(A) of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
21-5-1101. Merit increase pay system — Definition.
(a)(1) The Department of Transformation and Shared Services is authorized to develop and establish a merit increase pay system in accordance with the performance evaluation process under § 21-5-1001 et seq. for employees of all state agencies, boards, and commissions covered by the Uniform Classification and Compensation Act, § 21-5-201 et seq.
(2) The merit increase pay system shall be reviewed by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
(b) For the purpose of this subchapter, “merit increase pay system” means a merit-based pay system that incorporates pay and performance evaluation standards according to § 21-5-1001 et seq. and establishes criteria for payments for employees who meet requisite performance categories.
(c) Merit payments may be awarded to employees who satisfy performance evaluation-based criteria developed by agencies in accordance with procedures and policies developed and approved by the Office of Personnel Management after review by the Legislative Council.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-5-1101
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-5-1101. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-5-211. Implementation procedure for grade changes — Salary adjustments.
(a) The Office of Personnel Management has administrative responsibility for enforcing compliance by state agencies affected by this subchapter in implementing classification and grade changes.
(b)(1) The Governor may authorize a salary increase up to two percent (2%) each fiscal year if:
(A) The Chief Fiscal Officer of the State and the Secretary of the Department of Transformation and Shared Services determine that sufficient general revenues become available; and
(B) The salary increase does not result in an employee's compensation exceeding the maximum pay level amount set out for the position.
(2)(A) An employee compensated at the highest pay level rate authorized for his or her classification is eligible to receive the salary increase authorized in this section as a lump-sum payment.
(B) However, the increase shall be paid as a lump sum on the last pay period of the fiscal year of the year in which the increase is to occur, and the payment shall not be construed as exceeding the maximum salary.
(c)(1) If the Chief Fiscal Officer of the State and the secretary determine that general revenue funds are insufficient to implement the salary increases authorized in this subchapter or by any other law that affects salary increases for state employees, the Chief Fiscal Officer of the State and the secretary upon approval by the Governor may reduce the percentage of all authorized salary increases for all state employees covered by this subchapter without regard to whether or not the employees are compensated from general or special revenues, federal funds, or trust funds.
(2) However, if sufficient general revenues should then become available at any time during the year to provide
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-5-211
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-5-211. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
21-5-214. New appointments and other compensation plan provisions.
(a) A new appointment to a position in a state agency covered by this subchapter shall be paid at the entry pay level for the grade assigned to the classification unless otherwise authorized by law.
(b) Special rates of pay may be established for either classifications or positions for the following reasons:
(1) Prevailing labor market conditions;
(2) An extraordinarily well-qualified candidate;
(3) The need to retain trained, competent employees;
(4) An employee assigned additional duties as a result of the elimination of a position by a state agency; or
(5) To meet the requirements of state or federal laws.
(c)(1) A state agency may request a special rate of pay for a specific classification or position due to prevailing market rates of pay up to the midpoint pay level of the appropriate grade of a classification on the appropriate pay table for the assigned grade with the written approval of the Secretary of the Department of Transformation and Shared Services.
(2) A state agency may request a special rate of pay for a specific classification or position due to prevailing market rates of pay up to the maximum pay level for the assigned grade only with the approval of the secretary after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
(3) The Office of Personnel Management shall maintain a register of classifications or positions for which special rates of pay have been established due to prevailing market rates of pay.
(4) The office shall file a report of special rates of pay established due to prevailing market rates of pay with the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee,
Source: Arkansas Code — historical release 78 (November 6, 2020) · 21-5-214
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 21-5-214. This identifies an authority to review, not proof of applicability.