2003 Montana Legislature

HOUSE BILL NO. 13

INTRODUCED BY LEWIS

BY REQUEST OF THE DEPARTMENT OF ADMINISTRATION AND THE OFFICE OF BUDGET AND PROGRAM PLANNING

AN ACT PROVIDING FOR PAY AND BENEFITS FOR STATE EMPLOYEES IN THE STATEWIDE, TEACHERS', AND BLUE-COLLAR PAY PLANS; PROVIDING FOR CONTINGENT SALARY INCREASES; INCREASING THE EMPLOYER CONTRIBUTION TO THE EMPLOYEE GROUP BENEFITS PROGRAMS; APPROPRIATING FUNDS FOR THE INCREASES AND FOR A PERSONAL SERVICES CONTINGENCY POOL; AMENDING SECTIONS 2-18-301, 2-18-303, 2-18-312, 2-18-313, 2-18-315, AND 2-18-703, MCA; AND PROVIDING AN EFFECTIVE DATE.

AN ACT PROVIDING FOR PAY AND BENEFITS FOR STATE EMPLOYEES IN THE STATEWIDE, TEACHERS', AND BLUE-COLLAR PAY PLANS; PROVIDING SALARY INCREASES; FREEZING THE STATEWIDE PAY SCHEDULE; INCREASING THE EMPLOYER CONTRIBUTION TO THE EMPLOYEE GROUP BENEFITS PROGRAMS; APPROPRIATING FUNDS FOR THE INCREASES AND FOR A PERSONAL SERVICES CONTINGENCY POOL; AMENDING SECTIONS 2-18-301, 2-18-303, 2-18-312, 2-18-313, 2-18-315, AND 2-18-703, MCA; AND PROVIDING AN EFFECTIVE DATE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:

Section 1. Section 2-18-301, MCA, is amended to read:

"2-18-301. Purpose and intent of part -- rules. (1) The purpose of this part is to provide the market-based compensation necessary to attract and retain competent and qualified employees in order to perform the services that the state is required to provide to its citizens.

(2) It is the intent of the legislature that compensation plans for state employees, excluding those employees excepted under 2-18-103 or 2-18-104 and excluding employees compensated under 2-18-313 and 2-18-315, be based on an analysis of the labor market as provided by the department in a salary survey. The salary survey must be submitted to the office of budget and program planning as a part of the information required by 17-7-111.

(3) Except as provided in 2-18-110, pay adjustments and pay adjustments and pay schedules provided for in 2-18-303 and in 2-18-312, 2-18-313, and 2-18-315 supersede any other plan or systems established through collective bargaining after the adjournment of the 57th 58th legislature.

(4) Pay levels provided for in 2-18-312, 2-18-313, and 2-18-315 may not be increased through collective bargaining after adjournment of the 57th 58th legislature.

(5) Total funds required to implement the pay schedules provided for in 2-18-312, 2-18-313, and 2-18-315 for any employee group or bargaining unit may not be increased through collective bargaining over the amount appropriated by the 57th 58th legislature.

(6) The department shall administer the pay program established by the legislature on the basis of merit, internal equity, and competitiveness to external labor markets when fiscally able.

(7) The department may promulgate rules not inconsistent with the provisions of this part, collective bargaining statutes, or negotiated contracts to carry out the purposes of this part.

(8) Nothing in this part prohibits the board of regents from engaging in negotiations with the collective bargaining units representing the classified staff of the university system."

Section 2. Section 2-18-303, MCA, is amended to read:

"2-18-303. Procedures for using pay schedules. (1) The pay schedules schedule provided in 2-18-312 must be implemented as follows:

(a) The pay schedules schedule provided in 2-18-312 indicate indicates the entry salary and market salary for each grade for positions classified under the provisions of part 2 of this chapter.

(b) Each employee newly hired by the state of Montana must be hired at the entry rate, except as provided in subsections (6) through (9).

(c) On the first day of the first complete pay period in fiscal year 2002 2004, each employee is entitled to the amount of the employee's base salary as it was on June 30, 2001 2003.

(d) Effective on the first day of the pay period that includes an employee's anniversary date during the fiscal years ending June 30, 2002, and June 30, 2003, the employee's base salary must be increased by 4% or by a lesser amount so that the employee's base salary after the increase does not exceed the maximum salary of the pay grade as provided in subsection (1)(f). An employee's base salary increases resulting from subsection (1)(e) and this subsection may not exceed a maximum of 4% in each fiscal year. For employees hired on or before September 30, 1994, the anniversary date is October 1.

(d) Effective on the first day of the first complete pay period that includes January 1, 2005, the base salary of each employee must be increased by an amount equal to 25 cents an hour or by a lesser amount so that the employee's base salary after the increase does not exceed the maximum salary of the pay grade as provided in subsection (1)(f).

(e) An employee's base salary may be no less than the entry salary for the employee's assigned grade.

(f) The maximum salary for each grade is determined by subtracting the entry salary from the market salary and adding that amount to the market salary.

(2) The pay schedules schedule provided in 2-18-312 and the provisions of subsection (1) of this section do not apply to those teachers or blue-collar occupations compensated under the pay schedules provided in 2-18-313 and 2-18-315.

(3) The pay schedules provided in 2-18-313 and 2-18-315 must be implemented as follows:

(a) (i) The pay schedules schedules provided for in 2-18-313 indicate indicate the annual compensation for teachers employed under the authority of the department of corrections or the department of public health and human services for fiscal years 2002 2004 and 2003 2005.

(ii) The compensation of each teacher on July 1, 2001 2003, is the same as it was on June 30, 2001 2003.

(iii) On the first day of the first pay period that includes October 1 of each fiscal year, a teacher employed under the authority of the department of public health and human services or the department of corrections before October 1, 1994, shall advance one step on the appropriate pay schedule adopted in 2-18-313. A teacher hired after October 1, 1994, shall advance on the teacher's actual anniversary date.

(iii) Effective on the first day of the first complete pay period that includes January 1, 2005, the base salary of each teacher employed in the department of public health and human services and the department of corrections is the amount provided for the teacher's step and education level under 2-18-313(2). This subsection (3)(a)(iii) does not provide for a step advancement.

(b) The pay schedules schedules provided in 2-18-315 indicate indicate the maximum hourly compensation for fiscal years ending June 30, 2002 2004, and June 30, 2003 2005, for employees in apprentice trades and crafts and other blue-collar occupations recognized in the state blue-collar classification plan who are members of units that have collectively bargained separate classification and pay plans.

(c) The compensation of each employee on the first day of the first pay period in each fiscal year is that amount corresponding to the grade occupied on the last day of the preceding fiscal year.

(4) (a) (i) A If the legislature authorizes a pay increase for state employees, a member of a bargaining unit may not receive a pay increase until the employer's collective bargaining representative receives written notice that the employee's bargaining unit has ratified a completely integrated collective bargaining agreement covering the biennium ending June 30, 2003.

(ii) If ratification of a completely integrated collective bargaining agreement, as required by subsection (4)(a)(i), is not completed by July 1, 2001 the date on which a legislatively authorized pay increase is implemented, retroactivity to that date may be negotiated.

(iii) If ratification of a completely integrated collective bargaining agreement, as required by subsection (4)(a)(i), is not completed by July 1, 2001 the date on which a legislatively authorized pay increase is implemented, members of the bargaining unit must continue to receive the compensation that they were receiving as of June 30, 2001, until an agreement is ratified.

(b) Methods of administration not inconsistent with the purpose of this part and necessary to properly implement the pay schedules and adjustments provided in 2-18-312, 2-18-313, 2-18-315, and this section may be provided for in collective bargaining agreements.

(5) The current wage or salary of an employee may not be reduced by the implementation of the pay schedules provided for in 2-18-312, 2-18-313, and 2-18-315.

(6) The department may authorize a separate pay schedule for classes of medical professionals if the rates provided in 2-18-312 are not sufficient to attract and retain fully licensed and qualified professionals.

(7) (a) The department may develop and implement an alternative pay and classification plan for certain classes, occupations, and work units. Pay for employees in the alternative pay and classification plan may be established and changed based on demonstrated competencies and accomplishments, on the labor market, and on other situations defined by the department.

(b) To the extent that the plan applies to employees within a collective bargaining unit, the implementation of the plan is a negotiable subject under 39-31-305.

(8) The department may develop programs that enable the department to mitigate problems associated with difficult recruitment, retention, transfer, or other exceptional circumstances. To the extent that the program applies to employees within a collective bargaining unit, it is a negotiable subject under 39-31-305.

(9) The department shall review the competitiveness of the compensation provided to all occupations under this part. If the department finds that substantial problems exist with recruitment and retention because of inadequate salaries when compared to competing employers, the department may establish criteria allowing an adjustment in pay or classification to mitigate the problems. To the extent that these adjustments apply to employees within a collective bargaining unit, the implementation of these adjustments is a negotiable subject under 39-31-305."

Section 3. Section 2-18-312, MCA, is amended to read:

"2-18-312. Statewide pay schedules schedule. (1) The statewide classification pay schedule for the period beginning on the first day of the first full pay period in fiscal year 2002 2004, is as follows:

Annual Hours -- 2080 Note: &# 160; 0; &# 160; 0; &# 160;Does Not Include Insurance

Pay Matrix -- State 0; &# 160; 0; &# 160; 0; Matrix Type -- Annual

Pay Range: Entry Salary to Market Salary

GRADE ENTRY SALARY MARKET SALARY

0; &# 160; 1 0; &# 160; 9,075 0; &# 160; 10,677

0; &# 160; 2 0; &# 160; 9,776 0; &# 160; 11,527

0; &# 160; 3 0; &# 160; 10,529 0; &# 160; 0; 12,447

0; &# 160; 4 0; &# 160; 11,346 0; &# 160; 0; 13,445

0; &# 160; 5 0; &# 160; 12,262 0; &# 160; 0; 14,562

0; &# 160; 6 0; &# 160; 13,316 0; &# 160; 0; 15,854

0; &# 160; 7 0; &# 160; 14,456 0; &# 160; 0; 17,249

0; &# 160; 8 0; &# 160; 15,748 0; &# 160; 0; 18,834

0; &# 160; 9 0; &# 160; 17,135 0; &# 160; 0; 20,546

0; &# 160; 10 0; &# 160; 0; 18,676 60; & #160; 0;22,447

0; &# 160; 11 0; &# 160; 0; 20,365 60; & #160; 0;24,534

0; &# 160; 12 0; &# 160; 0; 22,241 60; & #160; 0;26,859

0; &# 160; 13 0; &# 160; 0; 24,286 60; & #160; 0;29,403

0; &# 160; 14 0; &# 160; 0; 26,560 60; & #160; 0;32,230

0; &# 160; 15 0; &# 160; 0; 29,074 60; & #160; 0;35,370

0; &# 160; 16 0; &# 160; 0; 31,884 60; & #160; 0;38,888

0; &# 160; 17 0; &# 160; 0; 35,036 60; & #160; 0;42,833

0; &# 160; 18 0; &# 160; 0; 38,339 60; & #160; 0;46,983

0; &# 160; 19 0; &# 160; 0; 42,039 60; & #160; 0;51,644

0; &# 160; 20 0; &# 160; 0; 46,170 60; & #160; 0;56,885

0; &# 160; 21 0; &# 160; 0; 50,754 60; & #160; 0;62,660

0; &# 160; 22 0; &# 160; 0; 55,877 60; & #160; 0;69,154

0; &# 160; 23 0; &# 160; 0; 61,655 60; & #160; 0;76,498

0; &# 160; 24 0; &# 160; 0; 68,147 60; & #160; 0;84,760

0; &# 160; 25 0; &# 160; 0; 75,329 60; & #160; 0;93,924

(2) Effective on the first day of the pay period that includes October 1, 2001, the statewide classification pay schedule is as follows:

Annual Hours -- 2080 0; &# 160; 0; &# 160; Note: Does Not Include Insurance

Pay Matrix -- State 0; &# 160; 0; &# 160; 0; Matrix Type -- Annual

Pay Range: Entry Salary to Market Salary

GRADE 60;ENTRY SALARY MARKET SALARY

0; &# 160; 1 0; &# 160; 9,384 0; &# 160; 11,040

0; &# 160; 2 0; &# 160; 10,108 0; &# 160; 0; 11,919

0; &# 160; 3 0; &# 160; 10,887 0; &# 160; 0; 12,870

0; &# 160; 4 0; &# 160; 11,732 0; &# 160; 0; 13,902

0; &# 160; 5 0; &# 160; 12,679 0; &# 160; 0; 15,057

0; &# 160; 6 0; &# 160; 13,769 0; &# 160; 0; 16,393

0; &# 160; 7 0; &# 160; 14,948 0; &# 160; 0; 17,835

0; &# 160; 8 0; &# 160; 16,283 0; &# 160; 0; 19,474

0; &# 160; 9 0; &# 160; 17,718 0; &# 160; 0; 21,245

0; &# 160; 10 0; &# 160; 0; 19,311 60; & #160; 0;23,210

0; &# 160; 11 0; &# 160; 0; 21,057 60; & #160; 0;25,368

0; &# 160; 12 0; &# 160; 0; 22,997 60; & #160; 0;27,772

0; &# 160; 13 0; &# 160; 0; 25,112 60; & #160; 0;30,403

0; &# 160; 14 0; &# 160; 0; 27,463 60; & #160; 0;33,326

0; &# 160; 15 0; &# 160; 0; 30,063 60; & #160; 0;36,573

0; &# 160; 16 0; &# 160; 0; 32,968 60; & #160; 0;40,210

0; &# 160; 17 0; &# 160; 0; 36,227 60; & #160; 0;44,289

0; &# 160; 18 0; &# 160; 0; 39,643 60; & #160; 0;48,580

0; &# 160; 19 0; &# 160; 0; 43,468 60; & #160; 0;53,400

0; &# 160; 20 0; &# 160; 0; 47,740 60; & #160; 0;58,819

0; &# 160; 21 0; &# 160; 0; 52,480 60; & #160; 0;64,790

0; &# 160; 22 0; &# 160; 0; 57,777 60; & #160; 0;71,505

0; &# 160; 23 0; &# 160; 0; 63,751 60; & #160; 0;79,099

0; &# 160; 24 0; &# 160; 0; 70,464 60; & #160; 0;87,642

0; &# 160; 25 0; &# 160; 0; 77,890 60; & #160; 0;97,117

(3) Effective on the first day of the pay period that includes October 1, 2002, the statewide classification pay schedule is as follows:

Annual Hours -- 2080 0; &# 160; 0; &# 160; Note: Does Not Include Insurance

Pay Matrix -- State 0; &# 160; 0; &# 160; 0; Matrix Type -- Annual

Pay Range: Entry Salary to Market Salary

GRADE ENTRY SALARY &# 160; MARKET SALARY

& #160; 1 60; & #160; 9,703 11,415

& #160; 2 60; & #160; 10,452 12,324

& #160; 3 60; & #160; 11,257 13,308

& #160; 4 60; & #160; 12,131 14,375

& #160; 5 60; & #160; 13,110 15,569

& #160; 6 60; & #160; 14,237 16,950

& #160; 7 60; & #160; 15,456 18,442

& #160; 8 60; & #160; 16,837 20,136

& #160; 9 60; & #160; 18,320 21,967

& #160; 10 &# 160; 19,968 23,999

& #160; 11 &# 160; 21,773 26,231

& #160; 12 &# 160; 23,779 28,716

& #160; 13 &# 160; 25,966 31,436

& #160; 14 &# 160; 28,397 34,459

& #160; 15 &# 160; 31,085 37,816

& #160; 16 &# 160; 34,089 41,577

& #160; 17 &# 160; 37,459 45,795

& #160; 18 &# 160; 40,990 50,232

& #160; 19 &# 160; 44,946 55,215

& #160; 20 &# 160; 49,363 60,819

& #160; 21 &# 160; 54,264 66,993

& #160; 22 &# 160; 59,741 73,936

& #160; 23 &# 160; 65,919 81,788

& #160; 24 &# 160; 72,860 90,622

& #160; 25 &# 160; 80,538 0; 100,419"

Section 4. Section 2-18-313, MCA, is amended to read:

"2-18-313. Teachers' pay schedules schedules. (1) The pay schedule for teachers for the period that includes October 1, 2001, until beginning the first day of the first full pay period that includes October 1, 2002, in fiscal year 2004 is as follows:

Annual Hours -- 2080 0; &# 160; 0; &# 160; Note: Does Not Include Insurance

Term -- Twelve Months 0; &# 160; 0; &# 160; 0; &# 160; Matrix Type -- Annual Education Level

STEP BA & #160; BA+15 0; BA+30 &# 160; BA+45 0; BA+60 BA+75

1 26,085 0; 26,867 60; 27,673 &# 160; 28,503 0; 29,359 60; & #160; 0; 30,239

2 26,867 0; 27,673 60; 28,503 &# 160; 29,358 0; 30,239 60; & #160; 0; 31,147

3 27,673 0; 28,503 60; 29,358 &# 160; 30,239 0; 31,147 60; & #160; 0; 32,082

4 28,503 0; 29,358 60; 30,239 &# 160; 31,147 0; 32,082 60; & #160; 0; 33,044

5 29,358 0; 30,239 60; 31,147 &# 160; 32,082 0; 33,044 60; & #160; 0; 34,035

6 30,239 0; 31,147 60; 32,082 &# 160; 33,044 0; 34,035 60; & #160; 0; 35,056

7 31,147 0; 32,082 60; 33,044 &# 160; 34,035 0; 35,056 60; & #160; 0; 36,108

8 32,082 0; 33,044 60; 34,035 &# 160; 35,056 0; 36,108 60; & #160; 0; 37,191

9 33,044 0; 34,035 60; 35,056 &# 160; 36,108 0; 37,191 60; & #160; 0; 38,307

10 &# 160; 34,035 & #160; 35,056 60; 36,108 &# 160; 37,191 ; 38,307 &# 160; 39,457

11 &# 160; 35,056 & #160; 36,108 60; 37,191 &# 160; 38,307 ; 39,457 &# 160; 40,640

12 &# 160; 36,108 & #160; 37,191 60; 38,307 &# 160; 39,457 ; 40,640 &# 160; 41,858

13 &# 160; 37,191 & #160; 38,307 60; 39,457 &# 160; 40,640 ; 41,858 &# 160; 43,114

(2) Effective on the first day of the pay period that includes October 1, 2002, the pay schedule for teachers is as follows:

Annual Hours -- 2080 0; &# 160; 0; &# 160; Note: Does Not Include Insurance

Term -- Twelve Months 0; &# 160; 0; &# 160; 0; &# 160; Matrix Type -- Annual Education LevelSTEP BA BA+1 5 BA+30 BA+45 60; BA+60BA+75

1 27,129 2 7,942 28,780 29,643 30,532 ; 60; & #160; 0; &# 160; 31,449

2 27,942 2 8,780 29,643 30,532 31,449 0; &# 160; 0; &# 160; 32,393

3 28,780 2 9,643 30,532 31,449 32,393 ; 60; & #160; 0; &# 160; 33,365

4 29,643 3 0,532 31,449 32,393 33,365 ; 60; & #160; 0; &# 160; 34,366

5 30,532 3 1,449 32,393 33,365 34,366 ; 60; & #160; 0; &# 160; 35,396

6 31,449 3 2,393 33,365 34,366 35,396 ; 60; & #160; 0; &# 160; 36,459

7 32,393 3 3,365 34,366 35,396 36,459 ; 60; & #160; 0; &# 160; 37,552

8 33,365 3 4,366 35,396 36,459 37,552 ; 60; & #160; 0; &# 160; 38,679

9 34,366 3 5,396 36,459 37,552 38,679 ; 60; & #160; 0; &# 160; 39,840

10 35,396 36,459 37,552 38,679 39,840 ; 60; & #160; 0; &# 160; 41,035

11 36,459 37,552 38,679 39,840 41,035 ; 60; & #160; 0; &# 160; 42,266

12 37,552 38,679 39,840 41,035 42,266 ; 60; & #160; 0; &# 160; 43,532

13 38,679 39,840 41,035 42,266 43,532 ; 60; & #160; 0; &# 160; 44,839

(2) Effective on the first day of the pay period that includes January 1, 2005, the pay schedule for teachers is as follows:

Annual Hours -- 2080 0; &# 160; 0; &# 160; Note: Does Not Include Insurance

Term -- Twelve Months 0; &# 160; 0; &# 160; 0; &# 160; Matrix Type -- Annual

Education Level

STEP BA BA+15 BA+30 BA+4 5 BA+60 60; & #160; 0; &# 160; BA+75

1 27,649 2 8,462 29,300 30,163 31,052 31,969

2 28,462 2 9,300 30,163 31,052 31,969 32,913

3 29,300 3 0,163 31,052 31,969 32,913 33,885

4 30,163 3 1,052 31,969 32,913 33,885 34,886

5 31,052 3 1,969 32,913 33,885 34,886 35,916

6 31,969 3 2,913 33,885 34,886 35,916 36,979

7 32,913 3 3,885 34,886 35,916 36,979 38,072

8 33,885 3 4,886 35,916 36,979 38,072 39,199

9 34,886 3 5,916 36,979 38,072 39,199 40,360

10 35,916 36,979 38,072 39,199 40,360 41,555

11 36,979 38,072 39,199 40,360 41,555 42,786

12 38,072 39,199 40,360 41,555 42,786 44,052

13 39,199 40,360 41,555 42,786 44,052 45,359"

Section 5. Section 2-18-315, MCA, is amended to read:

"2-18-315. Blue-collar pay schedules schedules. (1) The pay schedule for blue-collar workers for the period from July 1, 2001, until beginning the first day of the first full pay period that includes October 2001 in fiscal year 2004 is as follows:

Annual Hours -- 2080 0; &# 160; 0; &# 160; Note: Does Not Include Insurance

Pay Matrix -- Blue-Collar & #160; &#