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)(b)1.1. In pay schedules where appropriate, on promotion an employee’s present rate of pay shall be increased by 3 within range pay steps, or to the minimum of the range, whichever is greater. ER 29.03(4)(b)2.2. Promotional increases are subject to the maximum of the range. However, employees whose pay is red circled and exceeds the new pay range maximum shall retain their red circled rate. ER 29.03(5)(a)(a) In schedules where appropriate, when an employee transfers, the base rate paid may be any rate within the pay range which is not greater than the last base pay rate received in the employee’s former position with the following exceptions: ER 29.03(5)(a)1.1. Employees who are not serving a probationary period shall receive a base pay rate not less than PSICM for the class. ER 29.03(5)(a)2.2. Employees who are involuntarily transferred for reasons other than disciplinary reasons shall retain their present rate of pay. If the present rate of pay exceeds the new pay range maximum, it shall be red circled and continued under the provisions of s. ER 29.025. ER 29.03(5)(b)(b) Employees whose pay has been red circled and who voluntarily transfer to a different position shall lose their red circled rate. ER 29.03(6)(am)(am) When an employee who has not held permanent status in class within the last 5 years is reinstated, pay on reinstatement shall be determined in accordance with the appropriate provisions regarding pay on original appointment contained in the compensation plan adopted under s. 230.12, Stats., or a collective bargaining agreement under subch. V of ch. 111, Stats. ER 29.03(6)(b)(b) For the purposes of par. (c) “last rate received” means the highest base pay rate received in any position from which reinstatement eligibility is derived and in which the employee held permanent status in class, within the last 5 years. ER 29.03(6)(c)1.1. Except as provided in subds. 2., 3. and 4., when an employee is reinstated, the base pay may be at any rate which is not greater than the last rate received plus intervening compensation plan adjustments pursuant to s. 230.12, Stats., or contractual adjustments pursuant to s. 111.92, Stats. When such adjustments are discretionary the amount shall be limited to the amount which would have been generated by the employee. The adjustments applied to the employee’s last rate received shall be that of the appropriate pay schedule and class from which reinstatement eligibility is derived subject to the following: ER 29.03(6)(c)1.a.a. Employees placed on probation when reinstated shall be paid not less than the minimum of the pay range to which the class is assigned. ER 29.03(6)(c)1.b.b. Employees not placed on probation when reinstated shall be paid not less than the PSICM of the pay range to which the class is assigned. ER 29.03(6)(c)1.c.c. Employees shall not be paid more than the maximum of the pay range to which the class is assigned. ER 29.03(6)(c)2.2. When an employee is reinstated following layoff the base pay shall be calculated in accordance with subd. 1. However, if the employee is reinstated to the highest level vacancy available for which the employee is qualified within the agency from which layoff occurred, and if the last rate received in the position from which layoff occurred exceeds the maximum of the new range, the employee may be paid any base pay rate which does not exceed that last rate received, subject to subd. 1. (intro.), a. and b. ER 29.03(6)(c)3.3. The administrator may waive the limit on intervening discretionary compensation plan adjustments provided in subd. 1. intro. upon reinstatement of an employee following employment in the unclassified service if the work in the unclassified service was closely related to and at a higher level than the work of the position to which reinstated. Upon approval by the administrator, intervening discretionary compensation plan adjustments shall not be limited by the amount which should have been generated but shall be subject to the limits specified in the compensation plan and s. 230.12, Stats. ER 29.03(6)(c)4.4. When the position to which an employee is reinstated is in a higher class than the highest position currently occupied and the employee’s pay rate is red circled in the highest position currently held, the base pay shall be calculated in accordance with subd. 1. However, if the employee’s red circled pay rate exceeds the maximum of the new pay range, the employee may be paid any base pay rate which does not exceed the red circled pay rate, subject to subd. 1. a. and b. ER 29.03(7)(a)(a) For the purposes of this subsection,“last rate received” means the last base pay rate received in the position from which restoration rights are derived. ER 29.03(7)(b)(b) When an employee is restored following military service, pursuant to s. 230.32, Stats., following approved leave of absence without pay under s. ER 18.14, or following noncompletion of a promotional probationary period within an agency under s. ER-MRS 14.03 (1), the employee shall receive a base rate equal to the last rate received plus intervening adjustments identified under s. ER 29.04 (13) or (14). When such adjustments are discretionary, the amount shall be limited to the amount which would have been generated by the employee. The adjustments applied to the employee’s last rate received shall be that of the appropriate pay schedule for the class from which restoration rights are derived. ER 29.03(7)(c)(c) When an employee is restored following a layoff pursuant to s. 230.34 (2), Stats., to the highest level vacancy for which he or she is qualified within the employing unit or agency from which the employee was laid off, the pay on restoration shall be calculated in accordance with par. (b).