Chapter 99: Adjustment of Salaries of State Employees

The department of administrative services shall develop and implement a compensation structure for the executive branch. It shall implement pay schedules within such structure as authorized by collective bargaining agreements between the state and an employee organization and subject to appropriation. The department shall apply the appropriate pay schedules to all unrepresented employees. The department shall post base pay schedules on its public Internet website. The department shall also apply the appropriate pay and benefits authorized by collective bargaining agreements between the state and an employee organization to all unrepresented employees aligned with such employee organization.

In addition to the increase provided in RSA 99:1 (repealed), further increase shall be made to the following classified employees:

a.-d. [Repealed.]

e.Other provisions of law notwithstanding, classified state employees who are totally disabled as a result of work-connected accidental injury shall be entitled to all workers' compensation benefits under RSA 281-A, and by election of said employees, to sick or annual leave benefits except that the combination of workers' compensation and sick or annual leave benefits shall not exceed such employee's full pay, subject to payroll deductions with respect to sick or annual leave benefits; provided, however, that any employee on workers' compensation shall not be entitled to have each holiday added to annual leave accumulation; nor shall he be entitled to have any time added to sick or annual leave accumulation while on workers' compensation. The commissioner of administrative services is hereby directed to maintain separate accounts for the payment of wage benefits and medical costs pursuant to workers' compensation benefits for state employees.

f.-i[Repealed.]

No classified employee shall receive any maintenance or payment in lieu thereof from the state, provided however that if quarters are available at any state institution or on any state property the department head thereof may assign to a classified employee such quarters, furnished or unfurnished, including only any or all of the following utilities: heat, fuel, gas, electricity and water, and provided further that a department head of a state agency which serves prepared meals may permit any classified employee to purchase such meals. Such employee shall reimburse the state for such quarters or meals at a rate to be determined by the personnel commission. Provided further that all employees of New Hampshire hospital, Laconia developmental services, and Glencliff home, who are required by the administration of their respective institution to wear uniforms or other required attire, shall be allowed to have said uniforms or required attire laundered at no cost to them by their respective institution and all employees of said institutions shall receive from regularly employed institutional physicians outpatient diagnostic screening and limited ambulatory treatment at no cost to them except for the filling of prescription drugs that might be indicated.

Employees in the several attendant classifications within state institutions who have successfully completed an in-service training program approved by the personnel commission shall receive a one-step grade increase to a new classification of psychiatric aide.

Employees working in the care and treatment programs at state institutions who are recognized as licensed practical nurses by the state of New Hampshire shall have their positions classified to that of licensed practical nurse.

Whereas the appropriations for personal services in state departments and institutions include an annual increment for each position, and whereas upon occasion due to vacancies and personnel turnover, pay, increment increases and longevity as provided by the appropriations are not needed for said positions, each quarter the department of administrative services shall review accounts and transfer said amount, if needed, from the departmental or institutional appropriation to a special account to be known as the pay adjustment fund. This fund shall lapse at the end of each fiscal year and revert to the appropriate fund. Under no circumstances will this fund be used for temporary positions or new positions. Upon the certification of the commissioner of the department of administrative services, subject to the approval of governor and council, the pay adjustment fund shall be available for transfer to departments and institutions in amounts that are necessary to pay any legally authorized salaries for employees in the classified system, followed by an annual informational report to the governor and council after fiscal year end.

In the event the director of personnel has approved beginning compensation at a step higher than the minimum step for original appointments of employees at an agency, the appointing authority for that agency may file a written request to the director of personnel that the pay of all classified personnel in the same classification be increased to the same amount if the director of personnel determines that such approvals for new hires will result in difficulties with retention of similarly situated current employees. Any such retention step increase shall be subject to collective bargaining requirements pursuant to RSA 273-A. A request for any such retention-based step increases shall specify the group of employees to which the proposed increase shall apply, and shall include all similarly situated current employees within an agency, division, or bureau, taking into consideration job title, scope of duties, and physical work location. Any increase so made shall be a charge against the pay adjustment fund or if the department in which the position occurs is financed by a special fund, such increase shall be a charge against such special fund. Any step increase granted under this section shall not change the anniversary date of employees receiving the increase.

The amount of all pay increases granted to the legislative budget assistant, the director of legislative services, or to any employee of either or both offices shall be a charge against the pay adjustment fund.

Any regular classified employee of the state who has completed 10 years of continuous service for the state other than a law enforcement employee, shall be paid, in addition to the salary to which he or she is entitled by the classification plan, the sum of $350 annually and an additional $350 for each additional 5 years of continuous state service. The additional compensation provided by the provisions of this section shall not affect the maximums set by the classification plan and the receipt of said long service payments shall not prohibit the recipient from receiving the yearly increments to which he or she may be otherwise entitled within his or her classification ranges. Any regular classified employee who transfers, without a break in service, to a position in the unclassified system may transfer all time served for purposes of longevity pay.

Any state trooper or eligible state trooper command staff member who has completed 10 years of continuous service for the state shall be paid, in addition to the salary to which he or she is entitled by the classification plan, the sum of $350 annually and an additional $350 for each additional 5 years of continuous law enforcement service. The additional compensation provided by the provisions of this section shall not affect the maximums set by the classification plan and the receipt of said long service payments shall not prohibit the recipient from receiving the yearly increments to which he or she may be otherwise entitled within his or her classification ranges. Any state trooper or eligible state trooper command staff member who transfers, without a break in service, to a position in the unclassified system may transfer all time served for purposes of longevity pay.

Any person who has left state service to enter the armed forces of the United States in accordance with USERRA, and who, upon termination of such honorable military service, returned to state service without employment elsewhere may count that time spent in such military service as continuous state service to obtain benefits provided under RSA 94:4 and 99:5.

Any person who has been or is caused to leave state service involuntarily by reason of reduction in force and who returned or shall return to state service may for purposes of future compensation only, count the time of said prior state service as continuous with his present service without inclusion of the intervening period of non-state employment, to obtain benefits provided under RSA 94:4 and 99:5. This section shall not authorize retroactive payment to persons now or hereafter in state service affected hereby but shall provide credit of such past service for compensation subsequent to the effective date of this act. This section shall not apply to persons who shall have separated or separate from state service under other circumstances.

Any person who is employed by a town, a village district, a school district, a city, or a county, and who subsequently becomes a state employee because the functions of his employment and his job with that political subdivision are taken over by the state, may count the time spent as an employee of a political subdivision as continuous with his present service as a state employee in order to obtain all benefits as a state employee. This section shall provide credit for past service as an employee of a political subdivision for compensation and benefit purposes for persons who enter state service on or after the effective date of this act.

All persons performing work in the service of the state of New Hampshire shall be paid their compensation at such intervals, not more often than biweekly, as the commissioner of administrative services with the approval of the governor and council shall determine.

Upon request of the appointing authority, the governor and council are hereby authorized and empowered, notwithstanding any other provisions of the law to the contrary, upon a finding by them and a recommendation from the director of personnel that a an increase in pay is needed for successful recruitment of qualified personnel in any job title therefor, to increase pay of such classified positions, any such increases to be a charge against the pay adjustment fund.

I. [Repealed.]

II. [Repealed.]

III. An employee whose position is reclassified or reallocated to a lower level as a result of the 1995 department of health and human services reorganization act shall be paid at the same level as such employee was paid prior to the reallocation or reclassification until the pay in the lower level exceeds the pay the employee was receiving at the time of the reallocation or reclassification.

IV. No employee whose employment is terminated as a result of the 1995 Department of Health and Human Services Reorganization Act or as a result of budget reductions within the department may exercise the privilege of bumping any other employee notwithstanding any law or administrative rule. This provision shall terminate on December 31, 1998.

V. Any full-time state employee who was laid off pursuant to the 1995 department of health and human services reorganization act or as a result of budget reductions within the department of health and human services who before the layoff was receiving state-paid medical benefits under the provisions of RSA 21-I:26-36, who is not eligible to retire and receive post-retirement medical benefits under the provisions of RSA 21-I:26-36 or RSA 100-A:52-55, and who is not eligible for employer paid medical or health care coverage under the plan of any other employer, or as the spouse of a person covered under the plan of any other employer, or under the state plan as the spouse of a state employee, shall continue to receive state-paid medical and dental benefits, as if continuing in active employment, for a period not to exceed 3 months after the date of termination of state employment. This 3-month period shall be included in the calculation of the entitlements required under the consolidated Omnibus Reconciliation Act of 1986 and any amendments thereto. This provision shall expire on December 31, 1998.

I. The department of administrative services, through its division of personnel, is authorized to convert non-term unclassified positions or qualifying classified positions to classified exempt salary positions.

(a) Such conversions are only applicable to positions that meet the requirements and definitions of exempt under the Fair Labor Standards Act (FLSA) and the personnel rules.

(b) All conversions shall be voluntary for employees in qualifying filled positions or may occur when a qualifying position becomes vacant.

II. The appointing authority at each executive department and executive agency may request that the director of personnel convert any unclassified position that serves at the pleasure of that appointing authority or any qualifying classified position to an exempt salary position in the classified system.

(a) Upon receipt of a request under paragraph II, the director of personnel shall convert a non-term unclassified position or qualifying classified position to an exempt salary position, if the requirements of paragraph I(a) and (b) are met.

(b) Any position converted to an exempt salary position under paragraph II(a) shall be placed in the appropriate standard occupational classification group based on its duties and responsibilities.

(c) Any unclassified incumbent in a position that gets converted shall be placed at the step with a pay rate closest to the pay rate of the step they were at in the unclassified position, ensuring no reduction in pay.

(d) Any classified incumbent in a position that gets converted shall be placed at the step with a pay rate closest to the pay rate of the step they were at, ensuring no reduction in pay.

Classified employees at the state prison and the New Hampshire hospital who are continuously exposed to inmates or forensic patients daily in the normal course of their duties shall be paid, in addition to their regular salary, hazardous duty pay in the amount of $25 per week unless otherwise collectively bargained. The appointing authorities at the department of corrections may recommend that an employee receive hazardous duty pay, subject to final approval by the director of personnel.

Classified New Hampshire state troopers of the division of state police shall be paid in addition to their regular salary, a differential pay in the amount collectively bargained. Unrepresented state troopers shall receive differential pay authorized by the most closely aligned bargaining unit.

I. The annual salaries of classified employees who are actively engaged in the care and treatment of patients or inmates at the New Hampshire hospital, Laconia developmental services, Glencliff home, New Hampshire veterans' home, and the youth development center, and the security employees, pharmacists, and dieticians employed at the New Hampshire hospital, shall be increased by a $5 per week differential unless otherwise collectively bargained. This paragraph shall not apply to those employees who receive hazardous duty pay under RSA 99:10.

II. Any direct care employee of the Laconia developmental services, certified capable of administering medication under RSA 326-B:17, VII, shall receive a salary increase while authorized by the superintendent to administer medication.

III. The appointing authority at the department of health and human services and the New Hampshire Veterans Home may recommend that an employee receive a direct care pay differential, subject to final approval by the director of personnel.

Notwithstanding any provision of law to the contrary, the wages of any state employee or official may be assigned, attached, or executed upon to satisfy an order of the superior court to the same extent as private employers. The clerk of the court entering such order or the department of health and human services shall forward a copy of such order to the person responsible for preparing the wage manifest for the employee, who shall comply with such order within 15 days of the receipt thereof.

Whenever the legislature enacts provisions regarding benefits for laid off state employees, the term "state employee" shall be construed to include state employees whose positions are partially or fully federally funded.