University
Classification & Compensation UPPS
No. 04.04.11
Issue
No. 10
Effective
Date: 04/21/2008
Review:
June 1 EY
01. POLICY STATEMENTS
01.01 This
UPPS sets forth classification and compensation policies and procedures for all
University employees, including those paid from grant or contract funds. The
Vice President for Finance and Support Services (VPFSS) must approve any
exceptions to this policy.
01.02 The
compensation and classification policies and procedures of this UPPS strive to
provide flexibility to department heads. However, all policy and procedure
decisions are subject to normal administrative review and approval, and must
comply with applicable federal, state, and University requirements.
01.03 At
least once each fiscal year, the Director of Equity and Access will review the
University’s compensation criteria and application. The purpose for the review
is to comply with federal law and the regulations of the Equal Employment
Opportunity Commission (EEOC).
02. DEFINITIONS
02.01 There
are 5 categories of employees at the University: Faculty, Administrative
Officers/Exempt, Unclassified/Exempt, Classified/Non-exempt and Student.
a. Faculty
are those employees with a specified academic rank holding a teaching
appointment for a fixed term as determined by the President and approved by the
Board of Regents. Faculty positions meet the federal Fair Labor Standards Act
(FLSA) definition, conditions, and requirements of a "professional".
Therefore, faculty positions are exempt from overtime.
b. Administrative
Officers/Exempt are those employees who meet the FLSA definition,
conditions, and requirements of either an executive, administrative, or
professional employee and who have been designated by the University as
administrative officers in accordance with guidelines issued by the Board of
Regents. These employees serve without fixed terms. Administrative employees
are eligible to participate in the Optional Retirement Program (ORP).
Administrative Officers at Texas State are the President, vice presidents, and
academic deans. Administrative employees
are exempt from overtime.
c. Unclassified
/Exempt staff are those employees who meet the FLSA definition, conditions,
and requirements of either an executive, administrative, or professional employee
and who are serving without fixed terms. Certain unclassified/exempt employees
are eligible to participate in the Optional Retirement Program (ORP).
Unclassified/ Exempt employees manage or participate in the management of a
department or unit or perform a function requiring specialized expertise or
professional training. Unclassified employees are exempt from overtime.
d. Classified
/Non-exempt staff are those employees who are subject to FLSA overtime
provisions and who are appointed without fixed terms.
e. Student
employees are those employees who hold positions that are reserved only for
students of the University. All student employees, except for selected graduate
student employees, are non-exempt and are subject to FLSA overtime provisions.
Additional information on student employees can be found in UPPS No.
07.07.03, Student Employment Procedures, UPPS No.
04.04.03, Staff Employment, UPPS No. 07.07.06
Salaried Graduate Assistant Employment Procedures, and the University Pay Plan.
02.02 There
are three types of employee appointments.
a. Regular
employees are those employed for at least 20 hours per week for a period of
at least 4.5 months per fiscal year, excluding students employed in positions
that require student status as a condition of employment. Regular employees are
benefits eligible.
b. Non-Regular
employees are those non-student employees who do not meet the definition of
a regular employee. Non-student non-regular employees are not benefits
eligible.
c. Student
employees, as defined in Section 02.01 e. Student employees, except for
selected graduate student employees as provided
in UPPS No. 07.07.06,
Salaried Graduate Assistant Employment Procedures, are not benefits eligible.
d. "Split
Appointees" are those employees who are appointed to both faculty and
staff titles. Employees must be working in a staff title classified as
FLSA exempt. The percentage of time (i. e., FTE) assigned to each appointment
must indicate the workload in each appointment. Split appointment employees may
or may not be benefits eligible depending on whether they meet regular status
requirements.
03. PROCEDURES FOR CLASSIFYING AND
RECLASSIFYING POSITIONS
03.01 General
The
complete process for classifying a new position or reclassifying an existing
position can be found on the Human Resources web site at: http://www.humanresources.txstate.edu/. A brief summary follows in Sections 03.02 - 03.04.
03.02 Classification
a. The
duties and level of the position determine the assignment of a classification
to a position. The University will not classify a position to fit an employee
or group of employees. Instead, the classification will reflect the actual
duties being performed.
b. These
classification procedures do not apply to faculty and student positions.
c. Positions
Assigned A Grant Title – For positions to be assigned a grant title, the
appropriate generic grant title and grant job specification may be used to post
the position. However, a full job description as represented by a completed
GOJA book, will be required within 30 days of the position being filled. Human
Resources will audit the position upon receipt of the GOJA (reference UPPS No. 04.04.20,
Section 02.01 for a definition) to determine the proper classification of the
position. Adjustments in title and salary may be required based on the
audit results.
03.03 New
Positions
Administrative
channels must approve, and Human Resources must audit, new position requests to
determine proper classification and salary. Department heads should forward to
Human Resources, through proper administrative channels, a position requisition,
GOJA, written justification for the recommended title and pay grade, and an
organization chart reflecting the new position's relationship to the other
positions in the department. Administrative approval and fund availability must
be established prior to the audit by Human Resources.
Except
in extraordinary situations as approved by the
03.04 Reclassifications
Proper
administrative channels must approve, and Human Resources must audit,
reclassification requests. Reclassification requests require the department
head to forward to Human Resources, through proper administrative channels, a position
requisition, GOJA, written justification for the reclassification and for the
recommended title and pay grade, and an organization chart reflecting the
position's relationship to the other positions in the department. The requestor
must receive administrative approval and establish fund availability before Human
Resources audits the position.
If
an employee’s position title is reclassified, the employee’s salary is
determined in accordance with the following:
a. Reclassification
to a Title in a Higher Pay Grade – If the employee’s salary is below the higher
pay grade minimum, the employee receives a reclassification increase to the new
minimum. If the employee‘s salary is equal to or greater than the new minimum,
no reclassification increase is required.
NOTE:
Whenever an employee’s position is reclassified to a title with a higher pay
grade, the department head is encouraged to grant a salary adjustment, if
necessary, to ensure that an employee receives a total increase of at least 15%
over the employee’s salary before reclassification.
NOTE:
After notifying the appropriate department head, reclassification results are
implemented by Human Resources and will be effective no earlier than the first
day of the month following the month in which the audit is approved by Human
Resources. However, if the department head wishes to grant a pay increase in
conjunction with the reclassification, beyond the Pay Plan minimum, he or she
must forward a PCR through administrative channels.
NOTE:
See University Longevity Program (ULP) in Section 04.02 b. below for
information regarding ULP increases subsequent to reclassification to a title
in a higher pay grade.
b. Reclassification
to a Title in the Same Pay Grade – The employee’s new salary is at their
current rate of pay. Management may grant an additional pay increase by
separate PCR, if desired.
c. Reclassification
to a Title in a Lower Pay Grade – The employee’s salary does not change unless
the employee’s salary is above the maximum for the new grade. In such a case,
the employee’s salary is reduced to the new maximum.
04. PROCEDURES FOR GENERAL COMPENSATION
ADMINISTRATION
04.01 General
All
faculty (except per course faculty), staff, and student employees must be
appointed in accordance with the titles and pay grades established in the University Pay
Plan.
Staff
appointed on grant or contract funds may only be assigned one of the specified
grant titles in the University Pay
Plan as appropriate. Faculty appointed on grant or contract funds may
retain their normal academic teaching title or be assigned one of the faculty
exempt titles of Grant Director, Faculty or Program Faculty, as appropriate.
a. The
Director of Human Resources prepares and administers the University Pay
Plan. The Pay Plan specifically identifies all University job titles,
job codes, and pay grades for each title.
The
President‘s Cabinet or the Vice
The
grades in the Pay Plan do not include emoluments such as meals, uniforms, or
other similar forms of compensation.
Pay
grades for staff titles will be increased by a percentage equal to any
percentage-based state or university across-the-board/general increases which
affect all regular staff employees.
b. All
faculty and staff employees with nine-month appointments may choose to receive
their nine-month salary in 12 monthly payments. If salary spread is elected, it
will remain in effect every year thereafter until either: 1) the employee signs
an authorization to change back to a nine-month pay basis to begin the next
fiscal year, or 2) the employee becomes ineligible. Faculty or staff who wish
to elect twelve-month salary spread or change back to a nine-month pay basis
must complete a Salary Spread Election Form in Human Resources by September 10
to be effective September 1st of the same fiscal year.
c. The
services of employees may only be compensated in cash or, when eligible, overtime
or compensatory time off. Compensating employees with computers, trips, or
other assets is prohibited.
d. Except
as provided by Section 04.02 n., pay increases may be awarded only for the
justifications identified in Section 04.02.
04.02 Compensation
a. Base
Annual Salary – Each University employee must be paid at an hourly or monthly
rate consistent with the pay grade assigned to the employee’s position title.
The rate may not be less than the pay grade minimum or greater than the pay
grade maximum.
Salaried
and hourly employees filling multiple positions will be allowed to have
multiple pay rates. An employee will not be allowed to fill salaried and hourly
positions concurrently. An employee will not be allowed to fill FLSA exempt and
non-exempt positions concurrently.
Individuals
appointed to administrative officer titles will be paid at a salary determined
by the President.
Administrative
officers/exempt, unclassified/exempt, and classified/ non-exempt appointments are subject to normal university
promotion, transfer, and other applicable compensation and classification
policies.
b. Benefit
Replacement Pay (BRP) – Beginning with wages paid January 1, 1996, the State discontinued
paying the federal taxes imposed on state employees under the Federal Insurance
Contributions Act (FICA). This program was offset by the institution of BRP for
eligible employees. To be eligible, an employee must have been employed by the
State on August 31, 1995, and
1) be
eligible for the state-paid Social Security contribution; or
2) using
unpaid leave; if the employee would be otherwise eligible; or
3) not
working because employment did not customarily include summer months, had
contracted to resume employment before September 2, 1995, and such employment
would have made the employee eligible if the employee had held that position at
that time.
BRP
is equal to 5.85 percent of the FICA wages based on October 31, 1995 salary,
not to exceed $16,500 annually, plus the additional retirement contribution
paid by the employee because of receiving BRP. The total paid out may not
exceed $1034.01 each calendar year.
An
eligible employee who leaves state employment for 30 consecutive days before
returning becomes ineligible to receive BRP.
BRP
is only added to an eligible employee’s salary if the person’s salary is less
than the minimum for that job plus the amount of BRP. Otherwise, BRP is included in base pay.
c. University
Longevity Program (ULP) (Staff) – Each regular staff employee is entitled to
receive a 1.5% increase every 2 years up to a maximum of 4 such increases from
each appropriate eligibility date.
1) Eligibility
Date – For a new hire, a rehire, or an employee changing from a
non-ULP-eligible position to a ULP-eligible position, the employee's first ULP
increase will be effective 24 months after appointment, if appointed on the
first day of a month; otherwise the increase will be effective on the first day
of the month following completion of 24 months of service. Subsequent ULP
increases will be effective accordingly at either the first of the month after
24 months or the first of the month following completion of the 24-month period
as appropriate.
2) Should
any of the actions in subsections a.-d. below occur, the employee assumes a new
eligibility date as of the date of the action and restarts the ULP program. The
employee’s first ULP increase will be effective 24 months after the action, if
the action is effective on the first day of a month; otherwise the increase
will be effective on the first day of the month following completion of 24
months after the action. Subsequent ULP increases will be effective 24 months
after receiving the last increase.
a) Promotion
b) Reclassification
to a title with a higher pay grade resulting in a pay increase
c) Re-hire
of an employee who had previously received ULP increases
d) Reallocation of the employee’s title to a
higher pay grade resulting in a pay increase as in the case of a market-related
increase
NOTE:
Staff employees in positions covered by departmental career ladders, as well as
associate vice presidents, assistant vice presidents, and college deans in the
Division of Academic Affairs are not eligible for University Longevity Program
increases.
d. Reclassification
Compensation – see Section 03.04
e. State
Longevity Pay and Hazardous Duty Pay – Certain staff employees are entitled to
receive longevity pay or hazardous duty pay in addition to their regular
salaries.
1) State
Longevity Pay – Each regular full-time staff employee, excluding law enforcement
officers eligible for hazardous duty pay under provisions of state law, is
entitled to longevity pay of $20 per month for each 2 years of service as an
employee of the State of Texas up to and including 42 years of service. Such
pay will begin at the end of the second year of state service and will be
increased at the end of each two years thereafter.
2) Hazardous
Duty Pay – All commissioned peace officers of state institutions of higher
education are considered to be in hazardous duty positions and are entitled to
hazardous duty pay of $10 per month for each year of service as an employee of
the state in a position that requires the performance of hazardous duty.
Eligible part-time employees receive a proportional amount of hazardous duty
pay. Hazardous duty pay does not begin until an employee has completed one year
of hazardous duty service, but prior hazardous duty service will be considered
for the purpose of satisfying the one-year delay.
3) Conditions
and Limitations
a) To
be entitled to state longevity pay for a month, an employee must be full-time,
not be on leave without pay on the first workday of the month and have accrued
at least 2 years of service credit by the end of the preceding month. An
employee who qualifies for hazardous duty pay on the first workday of the month
is entitled to hazardous duty pay for that month.
b) An
eligible employee who enters leave without pay status or who terminates state
employment after the first workday of the month is entitled to full state
longevity or hazardous duty pay for the month. State longevity and hazardous
duty pay are not prorated.
c) An
eligible employee who transfers from one state agency to another state agency
after the first workday of the month is entitled to payment of full state longevity
or hazardous duty pay for the month by the state agency employing the
individual on the first workday of the month.
4) Creditable
Service
a) To
determine the amount of creditable state service for longevity and hazardous
duty pay, all prior employment with any other agency or institution of the
State of Texas, including employment as a student worker, will be
counted. Length of service is determined by counting the actual days,
months and years of state employment. Independent school districts and junior
or community colleges are not considered state employment.
b) Longevity
and hazardous duty pay for employees who transfer from one type of position to
another are determined as follows:
(1) If a state employee is receiving
longevity pay and transfers to a position requiring the performance of
hazardous duty, the employee will continue to receive longevity pay for the
years of service performed in the previously held position and will receive
hazardous duty pay for the years in the hazardous duty position. Employees may
not receive longevity pay and hazardous duty pay for the same years. However,
when computing the total years of service as a state employee, the years spent
at both the non-hazardous duty job and the hazardous duty job will be included.
(2) If
a state employee working in a hazardous duty position transfers to a
non-hazardous duty position, the employee will no longer receive hazardous duty
pay. The employee will receive longevity pay based on the total number of years
of service as a state employee. Thus, the longevity pay will include the years
of service in the hazardous duty position.
(3) A state employee who received
hazardous duty pay based on total state service performed before May 29, 1987,
is entitled to continue to receive hazardous duty pay based on that service if
the employee continues to hold a hazardous duty position.
f. Market
Adjustment – A salary increase is awarded when labor market rates result in a
new pay grade minimum that exceeds the salary of an incumbent employee. In
such a case, the incumbent receives a market adjustment to the new pay grade
minimum.
See
University Longevity Program in Section 04.02 c. above for information
regarding ULP increases subsequent to market adjustments caused by assignment
of the employee’s position to a higher pay grade.
g. Merit
Pay – Merit increases for both faculty and staff employees may be awarded on a
selective basis to recognize outstanding documented performance. Merit
increases will be in addition to performance or across-the-board general pay
increases and pay increases for promotions, reclassifications, or other
adjustments. A classified/non-exempt employee may be awarded a merit raise up
to the maximum pay rate for the employee's assigned job title. New
employees must have been in their position a minimum of 6 months to receive the
merit increase.
NOTE:
Unless approved by the employees who are at
or above the maximum pay rate for their job title. These employees may,
however, receive legislated across-the-board general pay increases.
h. Performance
Increase – a performance increase is essentially a non-discretionary merit
award provided to qualified staff employees as determined by the
i. Promotion
Compensation (Staff) Promotion, as distinguished from a merit increase, means a
change to a position title in a higher pay grade.
NOTE:
Whenever an employee is promoted, the department head is encouraged to ensure
that an employee receives a promotion increase of at least 15% over the
employee’s salary before the promotion consistent with 1) and 2) (below) of this
section as appropriate. However, the employee’s salary cannot exceed the Pay Plan
maximum for the new position.
NOTE:
Refer to Section 04.02 c. 2) for information regarding the University’s
Longevity Program increases subsequent to promotions.
1) Promotion
to an Un-posted Position or to a Position with No Posted Rate – The department
head may place the employee’s salary at any rate in the new pay grade.
2) Promotion
to a Posted Position – The department head may place the employee’s salary at
any rate from the minimum posted rate up to and including the pay grade maximum
rate.
When
an employee is moved into a higher-level job in an acting or other
non-permanent capacity, the move is considered a temporary assignment and not a
promotion. Any additional pay for the temporary assignment is at the discretion
of the divisional vice president and must be processed under the provisions of
Section 04.02 p.
j. Promotion
Compensation (faculty) – Salaries for promoted faculty members will be
determined by the Provost.
k. Transfer
Compensation (staff) – A transfer means a change to another position with the
same or lower pay grade minimum salary.
NOTE:
A department may transfer an employee to an equivalent position and title as
necessary. However, a department may not, without the employee's consent,
transfer the employee to a lower position and title. Such an action would
represent a demotion (See UPPS No.
04.04.40, "Disciplining and Terminating Staff Employees").
Voluntary
Transfer – An employee may request a transfer to an equivalent or lower
position and title. If the request is granted, it is to be recorded on the PCR
as a voluntary transfer, not a demotion.
1) Transfer
to an Un-posted Position – The employee’s salary is at their current rate of
pay. Management may grant an additional pay increase by separate PCR, if
desired.
2) Posted
Position with No Posted Rate – The department head may place the employee’s
salary at any rate from the new pay grade minimum up to the pay grade maximum
rate. Additionally, there is a required 90 day waiting period before a pay
adjustment can be provided to an employee who is transferred to a title in the
same pay grade.
3) Transfer
to a Posted Position – If the transfer is to a posted position at the same pay
grade, or a lower pay grade, the department head must place the employee’s
salary at any rate within the posted range for the position. Additionally,
there is a required 90 day waiting period before a pay adjustment can be
provided to an employee transferring to a posted position.
Disciplinary
Demotion – If an employee receives a disciplinary demotion, the employee’s
salary must be decreased. The new salary however, may not be lower than the pay
grade minimum for the new title. In addition, the employee may not receive any
pay increases, except for a ULP increase or general increase as may be mandated
by the legislature or University policy, for a period of at least three months.
l. Transfer
Compensation (faculty) – Salaries for faculty members who are transferred shall
be determined by the Provost.
m. General
(Across-the-Board) or Performance Increase – The State or University may
mandate either or both of these increases for all eligible employees. Eligibility
requirements are established by the State or University, as appropriate, at the
time the increase is mandated.
n. Staff
Performance Award (bonus) – the President's Cabinet will establish and
distribute guidelines for the granting of any staff performance awards.
Guidelines will include specific performance criteria, maximum award limits,
and effective dates. Divisions may establish their own process of selection and
additional criteria not in conflict with the specific performance criteria.
NOTE: Performance
awards for classified/non-exempt employees can be granted in addition to
overtime and compensatory time but cannot be paid in lieu of overtime and
compensatory time.
o. Equity
Adjustment – A salary increase to improve the salary relationship between
employees internal to the University.
p. Other
Special Adjustments – Salary adjustments may be made with approval of the
divisional vice president and the concurrence of the VPFSS for any reason that
does not fall within reasons previously stated in this Section. The reason
must be fully explained on the PCR.
05. PROCEDURES FOR EXTRA COMPENSATION FOR
TEACHING ACTIVITIES
05.01 Extra
compensation is received for academic instruction performed by full-time FLSA
exempt staff employees or split appointees beyond the normal 40-hour required
work week. The responsibility for determining the appropriateness of such
payments is established in UPPS No.
04.04.12, Compensation in Excess of Base Annual Salary for Staff.
05.02 Extra
compensation is also normally allowed for services performed as an instructor
of an academic department as a result of a course overload or work performed
through contracted services (i. e., lecturer/consultant).
05.03 For
split appointees (i. e., an employee with both faculty and exempt staff
appointments as a part of the employee's normal workload), the following
guidelines will apply:
a. Split
appointees can have a unique pay rate for each appointment.
b. The
employee must secure prior supervisory approval as well as concurrence from the
divisional vice president. The employee should note that any State-granted
longevity compensation received will be discontinued for the duration of the
teaching contract.
c. Only
exempt employees may be compensated for teaching activities.
NOTE:
The State Comptroller's Office has declared that only full-time non-academic
employees of higher education are eligible for State-granted longevity
payments. Also, full-time non-academic employment is defined as an employee who
does not teach an academic course or who is not paid in full or in part from
the line item faculty salaries.
05.04 For
staff employed on a full-time basis, the following apply:
a. Unclassified/Exempt
staff may teach one three-hour or four-hour class per each long semester on
campus during normal working hours with supervisory approval as well as
concurrence from the divisional vice president. Staff may not be compensated
for teaching this class, unless the employee uses vacation or compensatory time
to cover the teaching hours or the supervisor modifies the employee's work
schedule around the hours spent teaching. In addition to the three-hour or
four-hour class noted above, an exempt staff member may also teach one one-hour
section of University Seminar subject to the same schedule adjustment
provisions.
b. The
employee should note that if teaching duties are included as a part of the
full-time staff appointment, any longevity compensation being received will be
discontinued (see NOTE in Section 05.03 above).
If,
however, a staff employee teaches a course on weekends or at night and receives
extra compensation in addition to the employee's full-time salary, longevity
payments will not be discontinued, as long as a full 40-hour workweek is
observed.
06. PROCEDURES
FOR EXTRA COMPENSATION FOR NON-TEACHING ACTIVITIES INCLUDING EVENT WORK
Full-time
staff employees who accept additional non-teaching assignments may be
compensated for such assignments. Such compensation must comply with the
provisions of the subsections below and is established in UPPS No.
04.04.12, Compensation in Excess of Base Annual Salary for Staff.
Prior
to accepting additional non-teaching assignments in another department, an
employee must obtain written approval from his or her department head.
06.01 Classified/Non-Exempt
Employees
a. If
a classified/non-exempt employee accepts any additional assignment which is in
the employee's same department, the employee must be compensated in accordance
with the overtime provisions described in UPPS No.
04.04.16.
b. Interdepartmental
Event – If a classified/non-exempt staff employee paid from one
department works additional hours for another department or organization, the
second department or organization must pay the employee in cash. The hourly
rate of pay for such duties will be equal to one and one-half times the
employee’s regular rate of pay. The duties performed must be
classified/non-exempt duties. Department heads are encouraged to discuss their
planned event work with Human Resources in order to ensure compensation for
event work under these regulations.
The
employee will record interdepartmental events on the employee’s time report and
will include both the number of interdepartmental event hours worked and the
account number of the second department or organization. Interdepartmental
event hours will not be considered hours worked for the purpose of determining
regular (FLSA) overtime and straight (state) compensatory time.
06.02 Unclassified/Exempt
Employees – Per the Fair Labor Standards Act (FLSA), employees cannot hold both
exempt and non-exempt positions. Therefore, unclassified/exempt employees
cannot receive additional compensation for performing extra duties outside of
their classification that are considered classified/non-exempt.
07. PROCEDURES FOR NON-STUDENT NON-REGULAR
EMPLOYEES
07.01 Detailed
procedures for appointing and compensating non-student non-regular employees
are contained in UPPS No.
04.04.03, Staff Employment.
08. PROCEDURES FOR STAFF SALARY NOTICES
08.01 In
years when salary changes are recommended in the budget submitted to the Board
of Regents for approval, the VPFSS will notify staff employees by mail or email
of the general nature of the recommended changes.
08.02 Any
question concerning approved salary changes should first be directed to the
appropriate department head. If the department head cannot resolve the
question, the employee should contact Human Resources for assistance.
09. PROCEDURES FOR FACULTY SALARY NOTICES
09.01 The
Provost issues salary notices in the form of a contract of employment for the
period specified for faculty. A copy of the contract is maintained in the
Academic Affairs personnel files.
10. REVIEWERS OF THIS UPPS
10.01 Reviewers
of this UPPS include the following:
Position Date
Director, Human Resources June 1 EY
Director, Equity and Access June 1 EY
Chair, Faculty Senate June 1 EY
Chair, Staff Council June 1 EY
11. CERTIFICATION STATEMENT
This
UPPS has been approved by the following individuals in their official
capacities and represents Texas State policy and procedure from the date of
this document until superseded.
Director
of Human Resources; senior reviewer of this UPPS
Vice
President for Finance and Support Services
President