N.M. Code R. § 1.7.4.12 - ADMINISTRATION OF THE SALARY SCHEDULES
A.
Entrance salary: Upon
entrance to a classified position, a newly appointed employee's salary, subject
to budget availability, should reflect appropriate placement within the pay
band. Any entrance salary in the principal contributor zone must receive
approval from the director prior to appointment.
B.
Legislative authorized salary
increase:
(1) Subject to specific
statutory authorization for each state fiscal year, employees may be eligible
for a salary increase within their assigned pay band.
(2) Employees with a salary at or above the
maximum of the position's pay band shall not be eligible for an increase unless
authorized by statute.
C.
Salary upon in pay band
adjustment: Agencies may increase an employee's base salary within the
assigned pay band once per fiscal year, subject to director approval, budget
availability and reflective of appropriate placement. In pay band adjustments
may not result in the employee's base salary exceeding the maximum of the
assigned pay band. When reviewing requests for in pay band adjustments the
director will take into consideration those instances where the requesting
agency has employees with a current rate of pay that falls below the minimum of
their pay band.
D.
Salary
upon promotion: Upon promotion, an employee's salary subject to budget
availability, should reflect appropriate placement within the pay band. A
salary increase of less than five percent (5%) or greater than fifteen percent
(15%) shall require approval of the director. A salary increase greater than
fifteen percent (15%) to bring an employee's salary to the minimum of the pay
band or less than five percent (5%) to prevent an employee's salary from
exceeding the maximum of the pay band does not require the approval of the
director. The salary of a promoted employee shall be in accordance with
Subsection B of
1.7.4.11
NMAC.
E.
Salary upon
demotion: Upon demotion, an employee's salary shall be decreased by no
more than fifteen percent (15%), unless a greater decrease is required to bring
the salary to the maximum of the new pay band or the decrease is being made in
accordance with Paragraph (2) of Subsection F of 1.7.4.12 NMAC.
F.
Pay allowance for performing first
line supervisor duties:
(1) An agency
shall grant a pay allowance to an employee in a non-manager classification who
accepts and consistently performs additional duties which are characteristic of
a first line supervisor. The amount of the pay allowance shall reflect the
supervisory responsibilities which transcend the technical responsibilities
inherent in the technical occupation group and shall be between zero percent
(0%) and twenty percent (20%) above the employee's base pay rate.
(2) A pay allowance granted under this
Subsection F shall be considered a part of an employee's base salary while it
is in place. When the supervisor duties are no longer being performed, the
agency shall remove the pay allowance.
(3) Agencies shall require that a form,
established by the director, be signed by all employees at the time of
acceptance of a pay allowance evidencing their agreement to the terms and
conditions of the pay allowance.
G.
Salary upon transfer:
(1) Upon transfer an employee's salary,
subject to budget availability and reflective of appropriate placement, may be
increased up to ten percent. The director may approve a salary increase greater
than ten percent (10%) due to special circumstances that are justified in
writing.
(2) Employees shall be
compensated, in accordance with agency policy, for all accumulated leave, other
than sick, annual, or personal leave, prior to inter-agency transfer.
H.
Salary upon pay band
change: When a change of pay band is authorized in accordance with the
provisions of
1.7.4.9
NMAC,
1.7.4.10
NMAC, or
1.7.4.11 NMAC
the salaries of affected employees shall be determined in accordance with
Subsection C of
1.7.4.11 NMAC.
Employees whose pay band is adjusted upward or downward shall retain their
current salary in the new pay band. Employees' salaries may be addressed
through in pay band adjustment unless otherwise allowed by statute.
I.
Salary upon reduction: The
salary of employees who take a reduction may be reduced by up to fifteen
percent (15%) unless the reduction is made in accordance with Paragraph (2) of
Subsection F of 1.7.4.12 NMAC. An employee's salary should reflect appropriate
placement within the pay band. The director may approve a salary reduction
greater than fifteen percent (15%) due to special circumstances that are
justified in writing.
J.
Salary upon return to work or reemployment: The salary of former
employees who are returned to work or re-employed in accordance with the
provisions of
1.7.10.10
NMAC,
1.7.10.11
NMAC,
1.7.10.12
NMAC, or
1.7.10.14
NMAC shall not exceed the hourly rate of their base salary at the time of
separation, unless a higher salary is necessary to bring the employee to the
minimum of the pay band.
K.
Salary upon temporary promotion: Pay for a temporary promotion
under Subsection F of
1.7.5.12 NMAC, will be
administered in accordance with Subsection D of 1.7.4.12 NMAC, except that
payment of a temporary promotion increase shall be separate from the employee's
base salary. The agency shall discontinue the temporary promotion increase when
the temporary conditions cease to exist or at the end of the 12-month period,
whichever occurs first.
L.
Temporary salary increase: An agency may, with the approval of the
director, grant a temporary salary increase of up to fifteen (15%), for a
period not to exceed 1 year, from the effective date of the salary increase,
for temporarily accepting and consistently performing additional duties which
are characteristic of a job requiring greater responsibility/accountability or
a higher valued job. The director may approve temporary salary increases above
the maximum of the employee's current pay band. Payment of a temporary salary
increase shall be separate from the employee's base salary. The agency shall
discontinue the temporary salary increase when the temporary conditions cease
to exist or at the end of the 12-month period, whichever occurs
first.
M.
Salary adjustment
to minimum: An employee whose salary falls below the minimum of the pay
band will be adjusted in accordance with Paragraph (2) of Subsection C of
1.7.4.11
NMAC.
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