Enrolled SB 95: Relating to the compensation, allowances, geographic differentials in pay, and leave of certain public officials, officers, and employees not covered by collective bargaining agreements; relating to the compensation and geographic differentials in pay of certain justices and judges; relating to certain petroleum engineers and petroleum geologists employed by the Department of Natural Resources; relating to increased pay for certain partially exempt employees of the state in specific circumstances; making conforming amendments; and providing for an effective date.
00Enrolled SB 95 01 Relating to the compensation, allowances, geographic differentials in pay, and leave of certain 02 public officials, officers, and employees not covered by collective bargaining agreements; 03 relating to the compensation and geographic differentials in pay of certain justices and judges; 04 relating to certain petroleum engineers and petroleum geologists employed by the Department 05 of Natural Resources; relating to increased pay for certain partially exempt employees of the 06 state in specific circumstances; making conforming amendments; and providing for an 07 effective date. 08 _______________ 09 * Section 1. AS 22.05.140(c) is amended to read: 10 (c) In addition to the monthly salary, each justice is entitled to receive a 11 geographic cost-of-living adjustment each year on $100,000 of the justice's annual 12 base salary for that year [UNDER AS 22.35.010], based on the location of the 13 primary office assignment. The commissioner of administration shall calculate the
01 geographic cost-of-living adjustment based on the geographic pay differentials 02 established under AS 39.27.020(a). Retirement contributions and benefits shall be 03 computed only on the monthly base salary not including the geographic cost-of-living 04 adjustment. 05 * Sec. 2. AS 22.10.190(c) is amended to read: 06 (c) In addition to the monthly salary, each superior court judge is entitled to 07 receive a geographic cost-of-living adjustment each year on $100,000 of the judge's 08 annual base salary for that year [UNDER AS 22.35.010], based on the location of 09 the primary office assignment. The commissioner of administration shall calculate 10 the geographic cost-of-living adjustment based on the geographic pay 11 differentials established under AS 39.27.020(a). Retirement contributions and 12 benefits shall be computed only on the monthly base salary not including the 13 geographic cost-of-living adjustment. 14 * Sec. 3. AS 22.15.220(d) is amended to read: 15 (d) In addition to the monthly salary, each district court judge is entitled to 16 receive a geographic cost-of-living adjustment each year on $100,000 of the judge's 17 annual base salary for that year [UNDER AS 22.35.010], based on the location of 18 the primary office assignment. The commissioner of administration shall calculate 19 the geographic cost-of-living adjustment based on the geographic pay 20 differentials established under AS 39.27.020(a). Retirement contributions and 21 benefits shall be computed only on the monthly base salary not including the 22 geographic cost-of-living adjustment. 23 * Sec. 4. AS 39.20.200(a) is amended to read: 24 (a) Officers and employees of the state who are first employed before 25 July 1, 2013, in a position for which leave may accrue are entitled to personal leave 26 with pay that accrues as follows: 27 (1) two days for each full monthly pay period in the case of officers 28 and employees with less than two years of service; 29 (2) two and one-quarter days for each full monthly pay period in the 30 case of officers and employees with two but less than five years of service; 31 (3) two and one-half days for each full monthly pay period in the case
01 of officers and employees with five but less than 10 years of service; 02 (4) three days for each full monthly pay period in the case of officers 03 and employees with 10 years or more of service. 04 * Sec. 5. AS 39.20.200 is amended by adding a new subsection to read: 05 (c) Officers and employees of the state who are first employed on or after 06 July 1, 2013, in a position for which leave may accrue are entitled to personal leave 07 with pay that accrues as follows: 08 (1) one and three-quarters days for each full monthly pay period in the 09 case of officers and employees with less than two years of service; 10 (2) two days for each full monthly pay period in the case of officers 11 and employees with two but less than five years of service; 12 (3) two and one-quarter days for each full monthly pay period in the 13 case of officers and employees with five but less than 10 years of service; 14 (4) two and one-half days for each full monthly pay period in the case 15 of officers and employees with 10 but less than 15 years of service; 16 (5) three days for each full monthly pay period in the case of officers 17 and employees with 15 years or more of service. 18 * Sec. 6. AS 39.20.225(c) is amended to read: 19 (c) Except as otherwise provided in this section, each [EACH] officer or 20 [AND] employee shall, during each 12-month period, take at least 10 [FIVE] days of 21 personal leave. If the officer or employee does not take at least 10 [FIVE] days of 22 personal leave during a 12-month period, the difference between 10 [FIVE] days and 23 the amount of personal leave taken shall be canceled without pay unless the 24 department or agency head certifies in writing that the officer or employee was denied 25 the opportunity to take 10 [FIVE] days of personal leave during the 12-month period. 26 * Sec. 7. AS 39.20.240 is amended to read: 27 Sec. 39.20.240. Accumulation of personal leave. Except as provided in 28 AS 39.20.225(c) and this section, personal leave that is not taken by an officer or 29 employee during a 12-month period accumulates for use in succeeding 12-month 30 periods. 31 * Sec. 8. AS 39.20.240 is amended by adding new subsections to read:
01 (b) Notwithstanding (a) of this section, an officer or employee may not 02 accumulate more than 1,000 hours of personal leave at the end of each 12-month 03 period for use in succeeding 12-month periods. 04 (c) The personnel board may adopt regulations to allow an exemption from the 05 requirements of (b) of this section if the department or agency head certifies in writing 06 that the officer or employee accumulated more than 1,000 hours of leave at the end of 07 a 12-month period because the officer or employee was denied the opportunity to use 08 personal leave. 09 (d) Each officer or employee who has a balance of accumulated personal leave 10 in excess of 400 hours on December 16, 2013, shall, until that balance becomes 400 11 hours or less, 12 (1) be exempt from the limitation under (b) of this section; and 13 (2) take at least 15 days of personal leave during each 12-month 14 period. 15 (e) Unless the head of an agency or department certifies in writing that an 16 officer or employee of the agency or department who is subject to the requirements of 17 (d) of this section was denied the opportunity to take at least 15 days of personal leave 18 during a 12-month period, 15 days of personal leave minus the number of days of 19 personal leave that was taken by the officer or employee shall be subtracted from the 20 accrued personal leave balance of the officer or employee. The leave subtracted from 21 accrued personal leave shall be canceled without pay. 22 * Sec. 9. AS 39.25.110(14) is amended to read: 23 (14) petroleum engineers and petroleum geologists employed in a 24 professional capacity by the Department of Natural Resources and by the Alaska Oil 25 and Gas Conservation Commission [, EXCEPT FOR THOSE EMPLOYED IN THE 26 DIVISION OF GEOLOGICAL AND GEOPHYSICAL SURVEYS IN THE 27 DEPARTMENT OF NATURAL RESOURCES]; 28 * Sec. 10. AS 39.27.011(a) is repealed and reenacted to read: 29 (a) The following monthly basic salary schedule is approved as the pay plan 30 for classified and partially exempt employees in the executive branch of the state 31 government who are not members of a collective bargaining unit established under the
01 authority of AS 23.40.070 - 23.40.260 (Public Employment Relations Act) and for 02 employees of the legislature under AS 24: 03 Range Step Step Step Step Step Step 04 No. A B C D E F 05 5 2,151 2,211 2,273 2,339 2,408 2,471 06 6 2,273 2,339 2,408 2,471 2,543 2,619 07 7 2,408 2,471 2,543 2,619 2,698 2,785 08 8 2,543 2,619 2,698 2,785 2,864 2,951 09 9 2,698 2,785 2,864 2,951 3,046 3,133 10 10 2,864 2,951 3,046 3,133 3,229 3,323 11 11 3,046 3,133 3,229 3,323 3,436 3,545 12 12 3,229 3,323 3,436 3,545 3,665 3,790 13 13 3,436 3,545 3,665 3,790 3,922 4,061 14 14 3,665 3,790 3,922 4,061 4,204 4,363 15 15 3,922 4,061 4,204 4,363 4,503 4,672 16 16 4,204 4,363 4,503 4,672 4,841 5,011 17 17 4,503 4,672 4,841 5,011 5,184 5,361 18 18 4,841 5,011 5,184 5,361 5,527 5,737 19 19 5,184 5,361 5,527 5,737 5,917 6,133 20 20 5,527 5,737 5,917 6,133 6,318 6,551 21 21 5,917 6,133 6,318 6,551 6,752 6,997 22 22 6,318 6,551 6,752 6,997 7,225 7,483 23 23 6,752 6,997 7,225 7,483 7,733 8,022 24 24 7,225 7,483 7,733 8,022 8,289 8,569 25 25 7,733 8,022 8,289 8,569 8,879 9,210 26 26 8,022 8,289 8,569 8,879 9,210 9,541 27 27 8,289 8,569 8,879 9,210 9,541 9,900 28 28 8,569 8,879 9,210 9,541 9,900 10,244 29 29 8,879 9,210 9,541 9,900 10,244 10,606 30 30 9,210 9,541 9,900 10,244 10,606 10,979 31 * Sec. 11. AS 39.27.011(e) is amended to read:
01 (e) Effective July 1, 2014 [2011], the amounts set out in the salary schedule 02 contained in (a) of this section are increased by one [TWO] percent. 03 * Sec. 12. AS 39.27.011(f) is amended to read: 04 (f) Effective July 1, 2015 [2012], the amounts set out in the salary schedule 05 contained in (a) of this section, as increased under (e) of this section, are increased by 06 2.5 [TWO] percent. 07 * Sec. 13. AS 39.27.011(h) is amended to read: 08 (h) Pay increments, computed at the rate of 3.25 [3.75] percent of the 09 employee's base salary, shall be provided after an employee has remained in the final 10 step within a given range for two years, and every two years thereafter, if, at the time 11 the employee becomes eligible for the increment, the employee's current annual rating 12 by the employee's supervisors is designated as "good" or higher. 13 * Sec. 14. AS 39.27.011 is amended by adding a new subsection to read: 14 (k) Notwithstanding (a) - (j) of this section, the governor or a designee of the 15 governor may, on a case-by-case basis, authorize for a partially exempt employee in 16 the executive branch a higher pay than Step F. The authorization must be based on a 17 determination that the action serves a critical governmental interest of the state, the 18 employee possesses exceptional qualifications, recruitment difficulties exist, or the 19 action is necessary due to competitive salaries in the relevant labor market. A 20 determination made under this subsection must be in writing. 21 * Sec. 15. AS 39.27.020 is repealed and reenacted to read: 22 Sec. 39.27.020. Geographic pay differentials. (a) The following geographic 23 pay differentials established as a percentage above the basic salary schedule provided 24 in AS 39.27.011 are approved as an amendment to the basic salary schedule provided 25 in AS 39.27.011: 26 Geographic Pay 27 Duty Station Differential 28 Anchor Point 0 29 Anchorage 0 30 Anchorage International Airport 0 31 Aniak 50
01 Anvik 50 02 Auke Bay 5 03 Barrow 50 04 Bethel 50 05 Camp Carroll 0 06 Cantwell 0 07 Chena River 3 08 Chignik 50 09 Chitina 0 10 Cold Bay 50 11 Coldfoot Camp 37 12 Cooper Landing 0 13 Cordova 11 14 Craig 0 15 Crown Point 0 16 Deadhorse 50 17 Delta Junction 0 18 Denali 0 19 Dillingham 37 20 Douglas 5 21 Dutch Harbor 60 22 Eagle 0 23 Eagle River 0 24 Eielson Air Force Base 3 25 Elfin Cove 0 26 Elmendorf Air Force Base 0 27 Emmonak 50 28 Fairbanks 3 29 Finger Lake 0 30 Fort Richardson 0 31 Fort Wainwright 3
01 Fort Yukon 37 02 Gakona 0 03 Galena 37 04 Girdwood 0 05 Glennallen 0 06 Gustavus 0 07 Haines 0 08 Harding Lake 3 09 Healy 0 10 Homer 0 11 Hoonah 0 12 Iliamna 50 13 Juneau 5 14 Kaltag 50 15 Kenai 0 16 Ketchikan 0 17 King Cove 50 18 King Salmon 50 19 Klawock 0 20 Kodiak 11 21 Kotzebue 60 22 Mackenzie Point 0 23 Matanuska 0 24 McGrath 37 25 Mount Edgecumbe 5 26 Nancy 0 27 Nenana 0 28 Nikiski 0 29 Ninilchik 0 30 Nome 37 31 Northway 0
01 Palmer 0 02 Pelican 0 03 Petersburg 0 04 Port Alsworth 50 05 Port Moller 50 06 Saint Mary's 50 07 Sand Point 50 08 Selawik 60 09 Seward 0 10 Sitka 5 11 Skagway 0 12 Soldotna 0 13 Sterling 0 14 Sutton 0 15 Talkeetna 0 16 Tazlina 0 17 Tenakee Springs 0 18 Tok 0 19 Trapper Creek 0 20 Unalakleet 50 21 Unalaska 60 22 Valdez 11 23 Wasilla 0 24 Whittier 0 25 Willow 0 26 Wrangell 0 27 Yakutat 0 28 Other states 0 29 (b) If an employee's duty station is not included in (a) of this section and is not 30 in a foreign country, the commissioner of administration shall establish by regulation 31 the appropriate geographic pay differential. The regulations are not subject to
01 AS 44.62 (Administrative Procedure Act). 02 (c) The commissioner of administration shall establish geographic pay 03 differentials for positions in foreign countries. The differentials shall be adjusted 04 annually, effective July 1, to maintain equity between salaries for positions in foreign 05 countries and salaries for positions in the state. 06 * Sec. 16. AS 39.27.030 is repealed and reenacted to read: 07 Sec. 39.27.030. Geographic pay differential survey. Subject to appropriation, 08 the director of the division of personnel shall conduct a survey, at least every five 09 years, to review the geographic pay differentials under AS 39.27.020. The survey may 10 address factors the director determines are relevant to review state salary schedules, 11 entitlements for beneficiaries of state programs, and payments for state service 12 providers. The survey must reflect the cost of living for duty stations in the state or 13 outside of the state by using the cost of living in Anchorage, Alaska, as a base. 14 * Sec. 17. AS 39.35.675(d) is amended to read: 15 (d) In this section, "cost-of-living differential" means an adjustment to salary 16 based on the cost of living in the geographic region where the employee works and 17 includes a geographic pay [STEP] differential under AS 39.27.020. 18 * Sec. 18. AS 44.31.020 is amended to read: 19 Sec. 44.31.020. Duties of department. The Department of Labor and 20 Workforce Development shall 21 (1) enforce the laws and adopt regulations under them concerning 22 employer-employee relationships, including the safety, hours of work, wages, and 23 conditions of workers, including children; 24 (2) accumulate, analyze, and report labor statistics; 25 (3) operate systems of workers' compensation and unemployment 26 insurance; 27 (4) gather data reflecting the cost of living in [THE] various locations 28 [ELECTION DISTRICTS] of the state upon request of the director of personnel under 29 AS 39.27.030 [; IN THIS PARAGRAPH, "ELECTION DISTRICT" HAS THE 30 MEANING GIVEN IN AS 39.27.020(b)]; 31 (5) operate the federally funded employment and training programs
01 under 29 U.S.C. 2801 - 2945 (Workforce Investment Act of 1998); 02 (6) administer the state's program of adult basic education and adopt 03 regulations to administer the program; and 04 (7) administer the programs of the Alaska Vocational Technical Center 05 and adopt regulations to administer the programs, including regulations that set rates 06 for student tuition and room and board and fees for the programs and services 07 provided by the department regarding the Alaska Vocational Technical Center. 08 * Sec. 19. AS 22.35.010 and AS 39.27.045 are repealed. 09 * Sec. 20. The uncodified law of the State of Alaska is amended by adding a new section to 10 read: 11 SALARY ADJUSTMENTS FOR CERTAIN EXEMPT OFFICERS AND 12 EMPLOYEES OF THE EXECUTIVE BRANCH. The salary adjustments under 13 AS 39.27.011(a), as repealed and reenacted by sec. 10 of this Act, and under AS 39.27.011(e) 14 and (f), as amended by secs. 11 and 12 of this Act, apply to public officers who are in the 15 exempt service under AS 39.25.110 and who are not members of a collective bargaining unit 16 established under AS 23.40.070 - 23.40.260 (Public Employment Relations Act) or otherwise 17 covered by AS 39.27.011(a). In this section, "public officers" includes the heads of principal 18 departments of the executive branch and permanent and temporary employees in the 19 executive branch, not including the governor and the lieutenant governor. 20 * Sec. 21. The uncodified law of the State of Alaska is amended by adding a new section to 21 read: 22 SALARY ADJUSTMENTS FOR CERTAIN EMPLOYEES OF THE JUDICIAL 23 BRANCH. (a) The salary adjustments under AS 39.27.011(a), as repealed and reenacted by 24 sec. 10 of this Act, and under AS 39.27.011(e) and (f), as amended by secs. 11 and 12 of this 25 Act, apply to permanent and temporary employees and magistrates in the judicial branch of 26 the state government, other than justices and judges, who are not members of a collective 27 bargaining unit established under AS 23.40.070 - 23.40.260 (Public Employment Relations 28 Act) and who are not otherwise covered by AS 39.27.011(a). 29 (b) Justices of the supreme court and judges of the court of appeals and the superior 30 and district courts are entitled to receive salary adjustments provided for in secs. 10 - 12 of 31 this Act in accordance with AS 22.05.140(d), AS 22.07.090(c), AS 22.10.190(d), and
01 AS 22.15.220(e). 02 * Sec. 22. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 SALARY INCREASES FOR CERTAIN EMPLOYEES OF THE UNIVERSITY OF 05 ALASKA. The employees of the University of Alaska who are not members of a collective 06 bargaining unit are entitled to receive salary increases in accordance with the compensation 07 policy of the Board of Regents of the University of Alaska. 08 * Sec. 23. The uncodified law of the State of Alaska is amended by adding a new section to 09 read: 10 APPLICABILITY. Section 14 of this Act applies to a partially exempt employee of 11 the state in the executive branch hired before, on, or after the effective date of sec. 14 of this 12 Act. 13 * Sec. 24. The uncodified law of the State of Alaska is amended by adding a new section to 14 read: 15 TRANSITION: GEOGRAPHIC PAY DIFFERENTIAL FOR CERTAIN JUSTICES, 16 JUDGES, AND STATE EMPLOYEES. (a) If a state employee, including a justice or judge, 17 employed on the effective date of sec. 15 of this Act would have the employee's pay lowered 18 as a result of changes to AS 39.27.020, as repealed and reenacted by sec. 15 of this Act, the 19 state may not lower the employee's pay as a result of those changes. However, the pay of a 20 state employee described in this subsection may not be raised as long as the employee remains 21 in the job and duty station that the employee was employed in on the effective date of sec. 15 22 of this Act, unless the employee is entitled to a pay raise irrespective of the changes to 23 AS 39.27.020, as repealed and reenacted by sec. 15 of this Act. 24 (b) The geographic pay differentials under AS 39.27.020, as repealed and reenacted 25 by sec. 15 of this Act, do not apply to the pay of an employee whose pay is reduced because 26 of a demotion for cause or a voluntary demotion, and (a) of this section does not apply, as 27 long as the employee remains at the job and duty station that the employee was employed in 28 on the effective date of sec. 15 of this Act. 29 (c) If the pay for a position of an employee described in (a) of this section is lowered 30 by the reclassification of the position, the employee remains subject to (a) of this section as 31 long as the employee continues to remain at the job and duty station that the employee was
01 employed in on the effective date of sec. 15 of this Act. 02 * Sec. 25. The uncodified law of the State of Alaska is amended by adding a new section to 03 read: 04 TRANSITION: REGULATIONS. The commissioner of administration or the 05 personnel board may immediately adopt regulations necessary to implement the respective 06 changes made by this Act. The regulations are not subject to AS 44.62 (Administrative 07 Procedure Act). The regulations may take effect after the effective date of the law 08 implementing the regulation. 09 * Sec. 26. Sections 6 - 8 of this Act take effect December 16, 2013. 10 * Sec. 27. Section 13 of this Act takes effect July 1, 2015. 11 * Sec. 28. Section 25 of this Act takes effect immediately under AS 01.10.070(c). 12 * Sec. 29. Except as provided in secs. 26 - 28 of this Act, this Act takes effect July 1, 2013.