Rev. 5/21/09
RULES OF THE
DEPARTMENT OF MANAGEMENT SERVICES
PERSONNEL MANAGEMENT SYSTEM
CHAPTER 60L-32
COMPENSATION AND BENEFITS
60L-32.001
60L-32.0011
60L-32.0012
60L-32.0013
60L-32.002
60L-32.003
60L-32.004
60L-32.005
60L-32.006
60L-32.007
Determining Salary upon Appointment
Increases to Base Rate of Pay
Salary Additives
Reduction in Pay
Computation of Hourly Rate
Dual Employment and Compensation
Perquisites
Benefits
Other Personal Services
Selected Exempt Service Extraordinary Payment Plan
60L-32.001 Determining Salary upon Appointment.
Upon appointment, an agency shall set an employee’s base rate of pay within the
pay band for the broadband level to which appointed; provided, that an employee given
trainee status shall be paid during the training period in accordance with the individual
training scheduled, subject to FLSA requirements.
Specific Authority 110.1055, 110.131(3), 110.201(1), 110.2035(1), 110.403(1)(c),
110.605(1) FS. Law Implemented 110.131, 110.201, 110.2035, 110.403, 110.603 FS.
History–New 1-6-02, Amended 4-3-03.
60L-32.0011 Increases to Base Rate of Pay.
An agency may increase an employee’s base rate of pay within the established pay
band at any time, based upon documented justification, provided funds are available for the
increase, and the increase is not specifically prohibited by law.
Specific Authority 110.1055, 110.131(3), 110.201(1), 110.2035(1), 110.403(1)(c),
110.605(1) FS. Law Implemented 110.131, 110.201, 110.2035, 110.403, 110.603 FS.
History–New 1-1-02, Amended 4-3-03
60L-32.0012 Salary Additives.
(1)
Salary additives are temporary increases to the base rate of pay. Employees
filling positions for which a salary additive has been approved shall receive the salary
additive. A salary additive shall be removed or adjusted upon a change in the conditions
upon which it was granted.
(2)
For career service employees, salary additives include the following:
(a)
Shift Differential Additive – Agencies may approve this additive for a position
when justified by competitive labor practices.
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(b)
On-Call Additive – Agencies may approve positions to be placed on-call.
Agencies may assign individual positions this additive when all of the following conditions
are satisfied.
1.
The employee has been instructed by the appropriate management to remain
available to work during an off duty period.
2.
The employee must leave word where the employee may be reached by
phone or electronic signaling device.
3.
The employee is available to return to the work location on short notice to
perform assigned duties.
(c)
Hazardous Duty Additive – An agency may approve this additive for specific
positions when it can be demonstrated that such positions are required to perform duties
and responsibilities that are exceptionally hazardous or dangerous. Such duties and
responsibilities shall not be customarily associated with all positions in the broadband level.
(d)
Leadworker Additive – An agency may approve this additive for individuals
with sufficient knowledge and experience to lead others when assigned such responsibilities
on a continuing basis. The leadership does not include evaluating other’s performance or
administering disciplinary actions, and it does not justify reclassification. Duties must be
reflected on the position description and in accordance with Chapter 60L-31, F.A.C.
(e)
Temporary Special Duty Additive – An agency may approve this additive, for
a period of ninety days, when a position has been assigned temporary duties and
responsibilities not customarily assigned to the position. An agency shall not extend the
period without Department approval.
(f)
Trainer Additive – An agency may approve this additive when an employee is
assigned the responsibility to provide on-the-job training to other employees as part of an
agency-approved formalized training program; provided, that such training is not part of the
customarily assigned duties of the position.
(g)
Competitive Area Differential Additive – An agency shall not grant this
additive without Department approval. This additive is justified for specific positions within
an agency when it can be demonstrated that the additive is based on geographical, localized
recruitment, turnover, or competitive pay problems. If requested by the agency, this
additive may apply to positions within the requesting agency with similar duties and
responsibilities in the approved broadband level within the geographical area for which the
Department approves the additive.
(h)
Critical Market Pay Additive – An agency shall not grant this additive without
Department approval. This additive is justified when pay for a position is substantially below
the prevailing market rate, resulting in hiring and retention difficulties. In considering
requests for this additive, the Department shall conduct all relevant analyses to determine
the need for a pay adjustment for the position. An agency requesting this additive shall
assist the Department in any analyses the Department requests.
Specific Authority 110.1055, 110.201(1), 110.2035(1) and (6), 110.403(1)(c), 110.605(1)
FS. Law Implemented 110.131, 110.201, 110.2035, 110.403, 110.603 FS. History–New 122-02, Amended 4-3-03.
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60L-32.0013 Reduction in Pay.
The following actions shall not constitute a reduction in pay: removal of salary
additives; actions to correct overpayments resulting from erroneous application of the
Florida Statutes, legislative appropriation, Department rules, or agency pay procedures; or
salary adjustments agreed to in lieu of a workforce reduction.
Specific Authority 110.1055, 110.131(3), 110.201(1), 110.2035(1), 110.209(1)(c),
110.209(3), 110.403(1)(c), 110.605(1) FS. Law Implemented 110.131, 110.201, 110.209,
110.403, 110.603 FS. History–New 1-22-02.
60L-32.002 Computation of Hourly Rate.
(1)
All pay is computed on the basis of 2080 work hours annually, regardless of
whether an employee is paid biweekly or monthly.
(2)
Calculate hourly base rate of pay as follows:
Biweekly Base Rate of Pay x 26 = Hourly Base Rate of Pay
2080 hours
Monthly Base Rate of Pay x 12 = Hourly Base Rate of Pay
2080 hours
In processing pay changes, all salary additives shall be removed prior to calculating
any changes to an employee’s base rate of pay.
(3)
Calculate hourly regular rate of pay as follows:
Biweekly Regular Rate of Pay x 26 = Hourly Regular Rate of Pay
2080 hours
Monthly Regular Rate of Pay x 12 = Hourly Regular Rate of Pay
2080 hours
(4)
If an employee is paid at different rates of pay during a pay period, the
employee’s hourly pay at each rate shall first be determined as demonstrated above. Next,
the number of hours worked at each hourly rate shall be multiplied by that hourly rate and
the two amounts shall be added to obtain the total amount to be paid during that pay
period. To determine the weighted average hourly rate of pay for the pay period, the total
pay for that pay period is divided by the total hours worked during the pay period.
Specific Authority 110.1055, 110.131(3), 110.201(1), 110.2035(1), 110.403(1)(c),
110.605(1) FS. Law Implemented 110.131, 110.201, 110.2035, 110.403, 110.603 FS.
History–New 1-1-02, Amended 4-3-03.
60L-32.003 Dual Employment and Compensation.
(1)
Agency approval is required for all requests for dual employment and
compensation, including, but not limited to:
(a)
Employment in excess of one full-time equivalent established position;
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(b)
Compensation of an employee simultaneously from any appropriation other
than salaries; and
(c)
Compensation of an employee simultaneously by more than one agency.
(2)
In considering requests for dual employment and compensation, agencies
shall apply the following criteria.
(a)
Compensation must be commensurate with assigned duties.
(b)
There must be a demonstrated need for the proposed action.
(c)
The services must not give rise to the appearance of a conflict of interest or
otherwise violate legislative intent.
(3)
The employee seeking dual employment and compensation shall initiate a
Dual Employment and Compensation Request (Form DMS/HRM/DUAL eff. 1/1/02) in
accordance with the instructions on the form.
(4)
An employee of an agency who renders services to another agency shall not
be paid an honorarium for such services, except when required by law to be paid an
honorarium. In such cases, the employee’s salary shall be reduced by an amount equal to
the honorarium received, unless the agency approves payment of both salary and
honorarium in accordance with this rule.
Specific Authority 110.1055, 110.131(3), 110.201(1), 110.2035(1), 110.403(1)(c),
110.605(1) FS. Law Implemented 110.131, 110.201, 110.2035, 110.403, 110.603,
216.262(1)(e) FS. History–New 1-6-02.
60L-32.004 Perquisites.
(1)
Without prior Department approval, or a delegation of authority to approve,
agencies in the executive branch shall not furnish perquisites or sell goods or services to
state employees. The Department’s primary criteria for approval are the ultimate benefit to
the state and the exceptional or unique requirements of the position.
(2)
Goods and services furnished or sold under this rule shall be considered as
part of the employee’s total compensation; therefore, the kind and value of goods and
services shall be as uniform as practicable in similar situations. The value of goods and
services shall not be used to compute the employee’s base rate of pay or regular rate of pay
unless specifically required by the Department to meet FLSA requirements.
(3)
employees.
The following policies apply solely to sales of goods and services to state
(a)
The provisions of the law apply where items generally sold to the public are
offered to state employees at a lower rate.
(b)
Sale of goods and services to patients, inmates, or other persons who are not
employees of the state shall not require approval under this rule.
(c)
This rule does not govern the sale of state surplus property.
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(d)
In requesting approval of the sale of any goods or services, the agency head
shall determine, as nearly as possible, the fair market value of the goods or services to be
sold. The Department shall make the final decision as to the cost of the goods or services,
but in no case shall a cost be established which is below the cost to the state for providing
the goods or services.
(e)
The selling price may be deducted from any amounts due by the state to any
person receiving such goods and services. Receipts from such deductions, or other methods
of payments, shall be accounted for by the employing agency.
(4)
Agencies shall report to the Department, on a fiscal year basis the perquisites
they have approved under their delegated authority.
Specific Authority 110.1055, 110.201(1)(a), 110.605(1)
216.262(1)(f), 216.262(1)(g) FS. History–New 1-6-02.
FS.
Law
Implemented
60L-32.005 Benefits.
(1)
The rules in the 60P, Florida Administrative Code series of chapters govern
the insurance benefits available to employees in the State Personnel System.
(2)
The rules in the 60S, Florida Administrative Code series of chapters govern
the retirement benefits available to employees in the State Personnel System.
Specific Authority 110.1055, 110.201(1), 110.2035(1), 110.403(1)(c), 110.605(1) FS. Law
Implemented, 110.201, 110.209, 110.403, 110.603 FS. History–New 1-1-02, Amended 4-303, 5-20-08.
60L-32.006 Other Personal Services.
(1)
Notwithstanding anything in this Chapter 60L-32, F.A.C., to the contrary,
employees paid from appropriations for other personal services are entitled only to the
compensation expressly designated as available to them.
(2)
The employing agency will determine the appropriate rate of pay; however,
such payments shall be in compliance with the FLSA. Upon request, the Department shall
help agencies determine how the FLSA applies to individual other personal services
payments.
Specific Authority 110.1055, 110.131(3), 110.201(1) FS. Law Implemented 110.131,
110.201 FS. History–New 1-6-02.
60L-32.007 Selected Exempt Service Extraordinary Payment Plan
Notwithstanding the provisions of Section 60L-34.0031(3), F.A.C., an agency may
propose, for Department approval, an agency-wide plan to compensate excluded Selected
Exempt Service (SES) employees below the bureau chief or bureau chief comparable level
who are directed to work hours in excess of the contracted hours in the regular work period
in response to an unforeseen extraordinary event or occurrence to provide agency mission
critical services to the public subject to the following:
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(1)
The plan must be activated in writing by the agency head or designee and
must document how the unforeseen extraordinary event or occurrence impacts recipients of
agency mission critical services to justify plan activation.
(2)
Plan activation shall be contingent upon the availability of adequate budget
and funds for the compensation payments and shall include a beginning and ending date.
(3)
The agency head or designee shall notify the Executive Office of the
Governor, the President of the Senate, the Speaker of the House and the Department
immediately upon each plan activation or extension by providing a copy of the activation or
extension letter and any supporting documentation.
(4)
Payment shall be made at the employee’s straight time hourly regular rate of
pay on an hour-for-hour basis for any hours worked in excess of the contracted hours
during the regular work period.
(5)
All hours worked in excess of the contracted hours in the regular work period
and compensated as a result of a plan activation for an extraordinary event or occurrence
shall be recorded in the State Personnel System Human Resource Information System using
the code designated for SES Extraordinary Pay unless otherwise instructed by the
Department.
(6)
A record must be maintained of all hours worked and payments made in
connection with each plan activation.
The provisions of this rule section shall expire effective July 1, 2012.
Rulemaking Authority 110.1055, 110.201(1), 110.602,
Implemented 110.201, 110.603 FS. History–New 5-21-09.
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110.605(1),
(2)
FS.
Law