Chapter ER 29

Register June 2005 No. 594

Chapter ER 29

COMPENSATION ADMINISTRATION PROVISIONS

ER 29.01   Definitions.

ER 29.02   Purpose.

ER 29.025   Red circled pay rates.

ER 29.03   Transaction pay adjustments.

ER 29.04   Multiple pay adjustments on same date, order of application.

ER 29.05   Retroactive salary increase or decrease.

Ch. ER 29 Note Note: Corrections made under s. 13.93 (2m) (b) 6., Stats., Register December 2003 No. 576.

ER 29.01 ER 29.01 Definitions.

ER 29.01(1) (1) “Cumulative pay adjustment” means an adjustment in base pay.

ER 29.01(2) (2) “Present rate of pay” means the base pay rate currently authorized for the position which determines the type of personnel transaction which will occur, except as modified by s. ER 29.03 (4) (a) regarding pay on promotion.

ER 29.01(3) (3) “Red circled pay rate” means a base pay rate received by an employee which is above the pay range maximum for the classification of the employee’s position.

ER 29.01 History History: Cr. (1) and (3), (2) renum. from ER-Pers 29.01 (2), Register, May, 1988, No. 389, eff. 6-1-88.

ER 29.02 ER 29.02 Purpose. Except for s. ER 29.05, compensation administration provisions for nonrepresented employees are provided in the compensation plan. The main purpose of this chapter is to provide compensation administration provisions for collective bargaining agreements that reference this chapter.

ER 29.02 History History: CR 04-139: cr. Register June 2005 No. 594, eff. 7-1-05.

ER 29.025 ER 29.025 Red circled pay rates. Personnel transactions which may result in a red circled pay rate, are specified in s. ER 29.03.

ER 29.025(2) (2) Except as provided in sub. (3), employees whose pay has been red circled as a result of a personnel transaction or other circumstance shall continue to receive their present rate of pay until the pay range maximum for the class exceeds their present red circled pay rate. Such employees shall not be eligible to receive any cumulative pay adjustments, except as authorized in the compensation plan or the appropriate collective bargaining agreement.

ER 29.025(3) (3) Nonrepresented employees whose pay has been red circled as a result of layoff, and whose restoration rights have been forfeited as a result of a failure to accept a reasonable offer of appointment or reappointment pursuant to ch. ER-MRS 22, shall have their base pay reduced to the maximum of their current pay range.

ER 29.025 History History: Cr. (3), (1) and (2) renum. from ER-Pers 29.025 (3) and (4) and am. Register, May, 1988, No. 389, eff. 6-1-88; correction in (3) made under s. 13.93 (2m) (b) 7., Stats., Register, October, 1994, No. 466; corrections in (intro.) made under ss. 35.17 and 13.92 (4) (b) 7., Stats., Register June 2023 No. 810.

ER 29.03 ER 29.03 Transaction pay adjustments.

ER 29.03(1) (1) General. Pay shall be determined in accordance with subs. (1) to (9), except that the appointing authority may determine pay for transactions in subs. (4) to (6) using hiring above the minimum in accordance with the rules of the compensation plan or applicable collective bargaining agreement. Upon the completion of any personnel transaction, employees shall receive a base pay rate not less than:

ER 29.03(1)(a) (a) The PSICM rate for the class if the employee is not serving a probationary period.

ER 29.03(1)(b) (b) The minimum rate for the class if the employee is serving a probationary period.

ER 29.03(1)(c) (c) The minimum rate for the training program if the employee is serving a probationary period in a trainee class.

ER 29.03(2) (2) Pay on completion of the first 6 months of probation.

ER 29.03(2)(a) (a) In schedules where appropriate, subject to the maximum of the pay range, a probationary increase of either one within range pay step or the amount required to bring the employee’s base pay to PSICM, whichever is greater, shall be granted to an employee effective the beginning of the pay period closest to the completion date of the first 6 months of an original or promotional probationary period served in a non-trainee status. Thereafter, the employee shall be guaranteed PSICM while serving in the position. If an employee transfers while serving an original or promotional appointment probationary period, the probationary increase shall be granted only upon completion of the first 6 months of the new original appointment or promotional probationary period, which may include carry-over time under s. ER-MRS 15.07.

ER 29.03(2)(b) (b) When an employee is required to serve a permissive probationary period, completion of such probationary period shall not make the employee eligible to receive a pay increase as provided in par. (a). However, upon completion of any such probationary period, an employee shall receive a base pay rate not less than the PSICM.

ER 29.03(3) (3) Pay on regrade.

ER 29.03(3)(a) (a) Pay adjustments resulting from regrade. Pay adjustments resulting from regrading an employee shall be effective in accordance with the policies established by the administrator.

ER 29.03(3)(b) (b) Reallocation to a higher class. The pay of regraded employees whose positions are reallocated to a higher class shall be determined as follows:

ER 29.03(3)(b)1. 1. Regraded employees, except trainees, who do not have reinstatement eligibility or restoration rights to a class higher than the current class shall receive a base pay rate equal to the greater of the following amounts:

ER 29.03(3)(b)1.a. a. The PSICM of the new class if the employee is not serving the first 6 months of a probationary period or project appointment in the position.

ER 29.03(3)(b)1.b. b. The minimum of the new class if the employee is serving the first 6 months of a probationary period in the position or the first 6 months of a project appointment.

ER 29.03(3)(b)1.c. c. The present rate of pay.

ER 29.03(3)(b)2. 2. Regraded employees, except trainees, who have reinstatement eligibility or restoration rights to a higher class than the class from which regraded shall receive the pay rate calculated as if they had been reinstated or restored to the class from which reinstatement eligibility or restoration rights are derived or the amount provided under subd. 1. a., b. or c.; whichever is greater.

ER 29.03(3)(b)3. 3. If a trainee, a regraded employee shall retain the same pay relationship within the training program, based upon qualifications and the specific segments of the training program that have been waived or completed.

ER 29.03(3)(c) (c) Reclassification to a higher class. The pay of regraded employees whose positions are reclassified to a higher class shall be determined as follows:

ER 29.03(3)(c)1. 1. Regraded employees who do not have reinstatement eligibility or restoration rights to a class higher than the class from which regraded shall, in schedules where appropriate, receive a base pay increase to the PSICM of the new class or a one within range pay step increase, whichever is greater, subject to the pay range maximum.

ER 29.03(3)(c)2. 2. Regraded employees who have reinstatement eligibility or restoration rights to the class to which regraded shall receive a pay rate equal to the amount determined under par. (b) 2.

ER 29.03(3)(c)3. 3. Regraded employees who have reinstatement eligibility or restoration rights to a class level lower than the class to which they were regraded but higher than the class from which regraded shall receive an amount in accordance with par. (b) 2. or one within range pay step, whichever is greater.

ER 29.03(3)(d) (d) Reallocation or reclassification - same or counterpart pay range. Regraded employees whose positions are reallocated or reclassified to a class assigned to the same or counterpart pay range shall receive no pay increase if the employee’s present pay rate is at or above the PSICM of the new class. When trainee classes are affected, the trainee shall retain the same pay relationship within the training program, based upon qualifications and the specific segments of the training program that have been waived or completed.

ER 29.03(3)(e) (e) Reallocation or reclassification to a lower class. The pay of regraded employees whose positions are reclassified or reallocated to a lower class shall be determined as follows:

ER 29.03(3)(e)1. 1. Regraded employees serving a probationary period for an original appointment shall continue to be compensated at their present rate of pay as long as it does not exceed the pay range maximum for the new class. If the present rate of pay exceeds the pay range maximum, it shall be reduced to the pay range maximum. If the employee has previously attained permanent status in class but is serving a probationary period as a result of a promotion or transfer within the agency, the appointing authority, under s. 230.28 (1) (d), Stats., shall restore the employee to his or her former position or a similar position assigned to a class in the same or counterpart pay range if the incumbent requests such action in lieu of continuing in the reallocated position. In such action, the employee’s base pay rate shall be determined in accordance with s. ER 29.03 (7) (b).

ER 29.03(3)(e)2. 2. Regraded employees who have permanent status in the new class shall continue to be compensated at their present rate of pay. If the present rate of pay exceeds the pay range maximum, it shall be red circled and continued under the provisions of s. ER 29.025.

ER 29.03(4) (4) Pay on promotion.

ER 29.03(4)(a) (a) Definitions. In this subsection:

ER 29.03(4)(a)1. 1. “Present rate of pay” means any of the following:

ER 29.03(4)(a)1.a. a. For the promotion of an employee serving a probationary period who also attained permanent status in class within the past 3 years, the base pay rate calculated as if the employee were restored to a position in the class in which the employee had permanent status in class. If the employee held permanent status in more than one position within the past 3 years, the base pay rate on restoration must be calculated for each position in which the employee held permanent status and the “present rate of pay” would be the greater of these base pay rates.

ER 29.03(4)(a)1.b. b. For the promotion of an employee or former employee in layoff status, the base pay rate calculated as if the person were restored to a position from which the employee or former employee was laid off, except as provided in subd. 1. c. and d.

ER 29.03(4)(a)1.c. c. For the promotion of a current employee in layoff status who is serving a probationary period, the rate of pay under subd. 1. a. or b., whichever is greater.

ER 29.03(4)(a)1.d. d. For the promotion of a current employee in layoff status who is not serving a probationary period, the current base pay rate received or the rate of pay under subd. 1. b., whichever is greater.

ER 29.03(4)(a)1.e. e. For the promotion of an employee on approved leave of absence, the base pay rate calculated as if the employee were restored to a position in the highest class in which permanent status in class was held at the time the employee began the leave of absence.

ER 29.03(4)(a)1.f. f. For the promotion of an employee where subd. 1. a. to e. do not apply, the employee’s present rate of pay as defined under s. ER 29.01 (2).

ER 29.03(4)(a)2. 2. “Range” means the new pay range.

ER 29.03(4)(b) (b) Calculating pay on promotion.