No. 35826 (5-year Review): Rule R477-6. Compensation

DAR File No.: 35826
Filed: 02/02/2012 02:32:31 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 67-19-12 requires the Department of Human Resource Management (DHRM) to work with the Governor to establish pay plans for each position in the classified service (Subsection 67-19-12(4)) and to issue rules for the administration of pay plans (Subsection 67-19-12(4)(c)(iii)). Section 67-19-12.5 defines the flexible benefit program authorized by the Internal Revenue Service and provides for DHRM to make rules for its administration.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Utah Public Employees' Association (UPEA) requested deletion of a subsection permitting administrative adjustments for unusual circumstances, indicating it appeared to grant too much latitude. UPEA suggested adding an example to one subsection. UPEA requested language to require a bonus be paid to employees who would have received an administrative salary increase, but are not eligible.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

Section 67-19-12 provides the legal basis for the state compensation system and requires that DHRM design pay plans and write rules to implement the section. Due to the critical nature of employee compensation for the state budget and for the employee, this rule is monitored closely by all interested parties and is perhaps the most researched of the DHRM rules. DHRM is very sensitive to the budgetary and legal implications when considering proposed changes. Therefore, this rule should be continued. UPEA's requested language was not implemented. After explaining possible circumstances for administrative adjustment, UPEA withdrew the deletion recommendation. An example was not added to rule in keeping with the purpose and format established in administrative rules. DHRM did not implement mandatory bonuses because it would potentially encumber an agency and overstep what was authorized in code.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Human Resource Management
Administration
Room 2120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY, UT 84114-1201

Direct questions regarding this rule to:

• J.J. Acker at the above address, by phone at 801-538-4297, by FAX at 801-538-3081, or by Internet E-mail at [e-mail]

Authorized by:

Jeff Herring, Executive Director

Effective:

02/02/2012

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