Stricken language would be deleted from and underlined language would be added to present law.
Act 778 of the Regular Session
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State of Arkansas 1
94th General Assembly A Bill 2
Regular Session, 2023 SENATE BILL 491 3
4
By: Senator B. Davis 5
By: Representative Wooten 6
7
For An Act To Be Entitled 8
AN ACT TO AMEND ARKA NSAS LAW CONCERNING EMPLOYEES OF 9
INSTITUTIONS OF HIGH ER EDUCATION; TO REP EAL THE 10
HIGHER EDUCATION UNI FORM CLASSIFICATION AND 11
COMPENSATION ACT; TO DECLARE AN EMERGENCY ; AND FOR 12
OTHER PURPOSES. 13
14
15
Subtitle 16
TO AMEND ARKANSAS LAW CONCERNING 17
EMPLOYEES OF INSTITUTIONS OF HIGHER 18
EDUCATION; AND TO DECLARE AN EMERGENCY. 19
20
21
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS: 22
23
SECTION 1. Arkansas Code § 6 -61-203(a)(2), concerning the director and 24
staff of the Arkansas Higher Education Coordinating Board, is amended to read 25
as follows: 26
(2)(A) The director and other staff employed by the board shall 27
demonstrate competence in the field of institutional management or agency 28
management, institutional finance, financial aid, or institutional research. 29
(B) The director shall exhibit advanced coordination and 30
communication skills. 31
(C) The duties of staff employed by the boa rd shall 32
include without limitation: 33
(i) Working with institutions of higher education to 34
identify, develop, and maintain best practice strategies for human resource 35
management; 36 SB491
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(ii) Providing labor market salary surveys as 1
needed; and 2
(iii) Establishing and maintaining the position 3
pools authorized in § 6 -63-319. 4
5
SECTION 2. Arkansas Code § 6 -63-306 is amended to read as follows: 6
6-63-306. Additional compensation for additional duties. 7
The state-supported institutions of higher edu cation may pay additional 8
compensation to classified employees for the performance of additional duties 9
assigned to them at non -job-related institution-sanctioned events, provided 10
that those additional duties are performed at times other than normal workin g 11
hours. 12
13
SECTION 3. Arkansas Code § 6 -63-308 is amended to read as follows: 14
6-63-308. Overtime for classified certain positions — Limitations. 15
(a)(1) The institutions of higher education are authorized to pay 16
overtime, in critical circumstances, t o those employees occupying the 17
positions enumerated in their biennial operations appropriation acts under 18
the heading “classified positions” with job responsibilities subject to the 19
Fair Labor Standards Act of 1938, 29 U.S.C. 201 et seq., as existing on 20
January 1, 2023. 21
(2) The payment of overtime under subsection (a) of this section 22
shall not be considered as exceeding the line -item maximum salary for the 23
position enumerated in the operative appropriation act for each institution. 24
(b)(1) In no event, however, shall the total of all overtime payments 25
for any institution except the University of Arkansas for Medical Sciences, 26
also known as UAMS, exceed in any one (1) fiscal year an amount equal to two 27
percent (2%) of the expenditures in the immediatel y preceding fiscal year for 28
regular salaries for such institution. 29
(2) The total of all overtime payments for UAMS shall not exceed 30
in any one (1) fiscal year, an amount equal to three percent (3%) of the 31
expenditures of UAMS in the immediately precedin g fiscal year for regular 32
salaries. 33
34
SECTION 4. Arkansas Code Title 6, Chapter 63, Subchapter 3, is amended 35
to add additional sections to read as follows: 36 SB491
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6-63-317. Regular salary procedures and restrictions. 1
(a) Arkansas Constitution, Article 16, § 4, provides: “the General 2
Assembly shall fix the salaries and fees of all officers in the State; and no 3
greater salary or fee than that fixed by law shall be paid to any officer, 4
employee, or other person, or at an y rate other than par value; and the 5
number and salaries of the clerks and employees of the different departments 6
of the State shall be fixed by law.” 7
(b) For any position authorized by the General Assembly for the 8
benefit of any institution of higher education for which a maximum annual 9
salary is set out in dollars, it is the intent of the General Assembly that 10
the position be paid at a rate of pay not to exceed the maximum established 11
for the position during any one (1) fiscal year and that the maximu m annual 12
salary authorized is for full -time employment. 13
14
6-63-318. Extra help positions. 15
(a) A position authorized as extra help in an institution of higher 16
education shall be assigned a title authorized by an institution's operative 17
appropriation act, and any person hired in an extra help position shall meet 18
the minimum qualifications for the position. 19
(b) Extra help employees of institutions shall not exceed one thousand 20
five hundred (1,500) hours per fiscal year as set out in § 6 -63-314. 21
22
6-63-319. Position pools. 23
(a)(1) The Division of Higher Education shall establish and maintain a 24
central pool of four hundred (400) positions to be used to establish 25
additional positions in an institution of higher education when an 26
institution does not have sufficient positions available to meet 27
unanticipated enrollment growth, industry training demands, or its mandated 28
responsibilities. 29
(2) Central pool positions shall be used by the institution if 30
the personnel service needs exceed the number of po sitions authorized by the 31
General Assembly and were not anticipated at the time of the passage of the 32
institution's operative appropriation act. 33
(b)(1) The division shall establish and maintain a temporary 34
transition pool of fifty (50) positions to be us ed to establish additional 35
temporary positions in an institution if the institution does not have 36 SB491
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sufficient positions available to address organizational transition issues 1
such as succession planning or other changes involving administration of the 2
institution. 3
(2) An institution shall use temporary transition pool positions 4
only if the personnel service needs exceed the number of positions authorized 5
by the General Assembly and were not anticipated at the time of the passage 6
of the institution's operat ive appropriation bill. 7
(3) A position from the temporary transition pool shall not be 8
authorized for an institution until the specific position is: 9
(A) Requested by the institution; 10
(B) Recommended by the division; and 11
(C) Reviewed by the L egislative Council or, if the General 12
Assembly is in regular, fiscal, or extraordinary session, the Joint Budget 13
Committee. 14
(4) Temporary transition pool positions shall be authorized for 15
not more than one hundred eighty (180) calendar days in a fiscal year and may 16
not be renewed or extended. 17
(c)(1) There is established a pool of three hundred (300) positions 18
assigned to the division to be used by institutions when an institution does 19
not have a vacant position available with the appropriate title and line-item 20
maximum salary in its operative appropriation act. 21
(2) To obtain a position from the pool under subsection (c)(1) 22
of this section, an institution shall surrender a position not being utilized 23
at the time of the request. 24
(3) A request for a position from the pool under subsection 25
(c)(1) of this section shall be fulfilled upon recommendation of the division 26
and review by the Legislative Council or, if the General Assembly is in 27
regular, fiscal, or extraordinary session, the Joint Budget Co mmittee. 28
(d) A position established under this section shall not exceed a 29
salary rate of the highest maximum annual salary rate authorized by the 30
General Assembly in the requesting institution's operative appropriation act. 31
32
6-63-320. Annual career service recognition payments for employees of 33
institutions of higher education. 34
(a)(1)(A) A nonfaculty member of an institution of higher education 35
shall become eligible for annual career service recognition payments upon 36 SB491
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completion of ten (10) or more years of service in either an elected position 1
or a classified or nonclassified position with a state agency or an 2
institution of higher education. 3
(B) To receive the full amount authorized in subsection 4
(c) of this section, the service shall have bee n in either elected positions 5
or regular full-time positions. 6
(C) Nonfaculty employees of institutions who work part -7
time in regular salary positions may receive annual career service 8
recognition payments on a pro rata basis. 9
(2) Periods of authoriz ed leave without pay and leave of absence 10
for military service when veterans' reemployment rights are exercised shall 11
not negate eligibility for the payment, provided all other eligibility 12
requirements are met. 13
(b) The Division of Higher Education shall establish and publish 14
policies and procedures for the administration of career service recognition 15
payments to employees of institutions upon a determination by the Director of 16
the Division of Higher Education that the respective institution has 17
sufficient funds available for that purpose. 18
(c) Nonfaculty employees of institutions who meet eligibility 19
requirements established by subsection (a) of this section shall become 20
eligible for annual career service recognition payments on the anniversary 21
date of the completion of such service according to the following schedule: 22
23
STATE SERVICE ANNUAL PAYMENT 24
10 through 14 years of state service $ 800 25
15 through 19 years of state service $ 1,000 26
20 through 24 years of state service $ 1,200 27
25 or more years of state service $ 1,500 28
(d) Career service recognition payments authorized by this section 29
are: 30
(1) Subject to withholding of all applicable state and federal 31
taxes; and 32
(2) Included by retirement systems in determining benefits. 33
34
SECTION 5. Arkansas Code Title 21, Chapter 5, Subchapter 14, is 35
repealed. 36 SB491
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21-5-1401. Title. 1
This subchapter shall be known and may be cited as the “Higher 2
Education Uniform Classification and Compensation Act”. 3
4
21-5-1402. Definitions. 5
As used in this subchapter: 6
(1) “Class” or “classification” means a group of positions 7
sufficiently similar as to duties performed, scope of discretion and 8
responsibility, minimum requirements of education or training, skill, 9
experience, and other characteristics tha t the same class title, the same 10
test of fitness, and the same grade have been or may be applied to each 11
position in the group; 12
(2) “Classified employee” means a person regularly appointed or 13
employed in a position of state service by an institution of higher education 14
for which: 15
(A) He or she is compensated on a full -time basis or on a 16
pro rata basis; and 17
(B) A class title and grade are established in the 18
appropriation act for the institution in accordance with the classification 19
and compensation plan enacted in this subchapter; 20
(3) “Class specification” means a written document that 21
identifies a group of positions that require the same type of work and 22
responsibility and sets out the general components of the job description for 23
each position in the category by providing a class title, class code, 24
distinguishing features and examples of work, knowledge, skills, and 25
abilities, and the necessary minimum education and experience requirements to 26
perform the assigned duties; 27
(4)(A) “Crossgrade” means a temporary reclassification of a 28
position during the fiscal year. 29
(B) The Division of Higher Education may authorize a 30
temporary crossgrade through a change in the classification of a position 31
from the classification authorized in an institution's appropriation act 32
between legislative sessions to assure correct classification and for other 33
purposes with the following restrictions: 34
(i) A position shall not be crossgraded to a 35
classification at a grade higher than the grade original ly authorized for the 36 SB491
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position by the General Assembly in the institution's appropriation act; 1
(ii) A position may be crossgraded to a 2
classification at the same or lower grade than the position as originally 3
authorized for the position by the General Assembly in the institution's 4
appropriation act; 5
(iii) Positions that have been crossgraded may be 6
restored to the original authorized class during the fiscal year with the 7
approval of the division for those positions within the same occupational 8
group; 9
(iv) Position classifications may be crossgraded or 10
restored to their original classifications only after the review and approval 11
of the division; 12
(v) Positions established under the pay plan may not 13
be crossgraded to positions having an authorized line item maximum salary 14
established by the General Assembly in the institution of higher education's 15
appropriation act; and 16
(vi) Positions having an authorized line item 17
maximum salary by the General Assembly in the institution's appropria tion act 18
may not be crossgraded from line -item status to classified status; 19
(5) “Demotion” means the change in duty assignment of an 20
employee from a position in one classification to a position in another 21
classification of a lower grade; 22
(6) “Grade” means an authorized pay range for classifications 23
assigned to the pay plan having a minimum pay level, midpoint pay level, and 24
maximum pay level as provided in this subchapter; 25
(7) “Head of the institution” means the executive head of an 26
institution of higher education; 27
(8) “Institution of higher education” or “institution” means a 28
public institution of higher education supported, in whole or in part, by 29
appropriation of state funds; 30
(9)(A)(i) “Job sharing” means a form of employment in which the 31
hours of work of two (2) or more persons are arranged in such a way as to 32
cover one (1) regular full -time position. 33
(ii) The division may authorize job sharing for any 34
regular full-time position. 35
(B) The Director of the Division of Higher Education or 36 SB491
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his or her designee shall promulgate necessary rules to carry out this 1
subdivision (9); 2
(10) “Maximum pay level” means the highest authorized level of 3
pay for a grade for normal compensation administration purposes; 4
(11) “Midpoint pay level” means the rate of pay midway between 5
the minimum pay level and the maximum pay level established for each grade; 6
(12) “Minimum pay level” means the entry level pay rate for 7
classifications assigned to the compensation plan; 8
(13)(A) “Occupational group” me ans a collection of classes 9
having similar job description components and sharing a primary function. 10
(B) In determining the occupational group to which a class 11
is assigned, consideration shall be given to the type of work performed, the 12
education or experience required, job elements or tasks, and the purpose of 13
the job; 14
(14) “Pay level” means any single rate of pay in a grade, 15
including the minimum pay level, midpoint pay level, and maximum pay level; 16
(15) “Position” means an office or employment that is 17
legislatively authorized in an institution of higher education, occupied or 18
vacant, requiring the services of one (1) full -time equivalent employee; 19
(16) “Promotion” means the change in duty assignment of an 20
employee from a position in one clas sification to a position in another 21
classification of a higher grade; and 22
(17)(A) “Reclassification” means a change in the assignment of a 23
position from one classification title to another classification title of 24
either a higher or lower grade when mate rial and permanent changes in the 25
duties and responsibilities of the position being recommended for 26
reclassification have occurred or when it is necessary to establish a new 27
classification title to meet federal standards as a prerequisite for federal 28
programs. 29
(B) Positions eligible for reclassification within an 30
institution of higher education are only those positions assigned a specific 31
classification title and grade. 32
(C) Positions having a line -item maximum salary are exempt 33
from the provisions i n this section and may not be reclassified from line -34
item status to a classified designation bearing a salary grade. 35
(D) Positions within an institution of higher education 36 SB491
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designated within a classification title and grade shall not be reclassified 1
to a classification title for which a line -item maximum annual salary has 2
been established. 3
(E) Interim reclassifications approved by the division 4
shall be implemented through the crossgrading of existing positions within an 5
institution of higher education or through the acquisition of pool positions 6
as authorized in § 21 -5-1415(a)(1). 7
8
21-5-1403. Regular salary procedures and restrictions. 9
Arkansas Constitution, Article 16, § 4, provides: “The General Assembly 10
shall fix the salaries and fees of all officers in the State, and no greater 11
salary or fee than that fixed by law shall be paid to any officer, employee 12
or other person, or at any rate other than par value; and the number and 13
salaries of the clerks and employees of the different department s of the 14
State shall be fixed by law.” Therefore, the following provisions are 15
applicable to all authorized regular salary positions in appropriation acts 16
unless specific exception is made otherwise by law: 17
(1) For any position authorized by the Genera l Assembly of the 18
State of Arkansas for the benefit of any institution of higher education for 19
which the provisions of this subchapter are to be applicable, it is the 20
intent of the General Assembly that this subchapter govern with respect to: 21
(A) The entry pay level; 22
(B) The frequency with which increases in pay may be 23
granted; and 24
(C) The maximum annual salary that may be paid for the 25
grade assigned each employee; 26
(2) For any position authorized by the General Assembly for the 27
benefit of any institution of higher education for which a maximum annual 28
salary is set out in dollars, it is the intent of the General Assembly that 29
the position be paid at a rate of pay not to exceed the maximum established 30
for the position during any one (1) fiscal y ear and that the maximum annual 31
salary authorized is for full -time employment; 32
(3)(A) For all positions authorized by the General Assembly for 33
any institution of higher education, it is the intent of the General Assembly 34
in determining the annual salari es of employees in those positions, that the 35
head of the institution take into consideration the ability of the employee 36 SB491
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and length of service. 1
(B) It is not the intent of the General Assembly that the 2
maximum annual salaries as authorized in the appro priation act or pay 3
increases established for the various grades under this subchapter be paid 4
unless the employee meets the qualifications associated with each pay level 5
and then only within the limitations of the appropriations and funds 6
available for that purpose. 7
(C) An employee authorized by the General Assembly shall 8
not receive from appropriated or cash funds, either from state, federal, or 9
other sources, compensation in an amount greater than that established by the 10
General Assembly as the maxim um annual salary for the employee, unless 11
specific provisions are made by law; and 12
(4) An employee of an institution of higher education shall not 13
be paid any additional cash allowances, including without limitation uniform 14
allowance, clothing allowance , motor vehicle depreciation or replacement 15
allowance, fixed transportation allowance, or meals and lodging allowance 16
other than for reimbursement for costs actually incurred by the employee 17
unless the allowances are specifically set out by law as to eligi bility of 18
employees to receive the allowances, and the maximum amount of such 19
allowances are established by law for each employee or for each class of 20
employees eligible to receive the allowances. 21
22
21-5-1404. Effect on appropriation acts. 23
(a) All appropriation acts of all institutions of higher education 24
subject to this subchapter shall be governed by this subchapter with respect 25
to grades, class titles, salary increases, salary increase eligibility, and 26
other provisions unless special language in the a ppropriation act of the 27
institution specifically allows the institution to provide salary increases, 28
grade assignments, class title assignments, salary increase eligibility, and 29
other provisions different from those provided by this subchapter. 30
(b) When the intent of the General Assembly, by amendment to 31
appropriation bills, is to allow a higher grade for a classification than 32
that listed in this subchapter, the grade assigned to the classification in 33
the appropriation act for the classification, as desig nated with the higher 34
grade, shall be the grade for the classification in the institution during 35
the biennium. 36 SB491
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(c) When a higher grade is authorized in this subchapter for 1
classifications that are not reflected in the appropriation act of an 2
institution, this subchapter shall set the grades to be authorized in an 3
institution's appropriation act for the biennium unless special language in 4
the appropriation act of an institution allows the institution to provide 5
salary increases other than that provided in this subchapter. 6
(d) It is the intent of this section that the institutions governed by 7
this subchapter be authorized to allow grades as provided in the 8
appropriation acts of the institutions, provided that the rules that apply to 9
salary increases under this subchapter shall not be waived unless special 10
language in the appropriation act of the institution authorizes the 11
institution to provide increases other than those authorized under this 12
subchapter. 13
14
21-5-1405. Division of Higher Education — Duties. 15
(a) The Division of Higher Education shall perform the following 16
administrative duties with respect to the institution of higher education 17
classification and compensation plan, subject to this subchapter: 18
(1) Determine that each position of an institut ion of higher 19
education affected by this subchapter is allocated to a class having a 20
written class specification based on the duties and responsibilities assigned 21
to the position and the requirements necessary to satisfactorily perform the 22
duties; 23
(2) Assist institutions in the allocation of positions to 24
classes established in this subchapter and in the appropriation acts covering 25
each of the institutions affected by this subchapter, and disallow the 26
allocation of a position to a class that is not in con formance with this 27
subchapter; 28
(3)(A) Authorize the temporary reclassification of positions in 29
an institution affected by this subchapter in cases in which it has been 30
determined by the division that there are material changes in the duties and 31
responsibilities assigned to the position when there is no available vacant 32
position having the proper classification and when it is impracticable to 33
restructure the duties of the position to the proper classification. 34
(B) The reclassification of positions may also be 35
authorized when it is necessary to establish a new classification to meet 36 SB491
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federal standards as a prerequisite for federal programs, provided that a 1
position is not placed in a class and receive pay at a salary rate in excess 2
of the maximum salary rate authorized for the position that was reclassified 3
as provided in the appropriation act of the institution; 4
(4)(A) Review all class specifications and all classes and 5
grades and the compensation plan affecting all institutions covered by this 6
subchapter and submit to the Legislative Council and the Governor in advance 7
of the regular session and fiscal session of the General Assembly 8
recommendations for revisions, modifications, or additions. 9
(B) When necessary, the division shall confer with the 10
staff of the Legislative Council on the development of and revisions to 11
uniform classification and compensation systems. 12
(C) Time periods for the development of recommendations 13
and time periods for the review by the Legislative Council of those 14
recommendations shall be as established by the Legislative Council. 15
(D) The time periods for recommendations and for review 16
shall be sufficiently in advance of budget hearings for the regular session 17
and fiscal session to allow for the thorough review by the Legislative 18
Council; 19
(5) Develop and implement rules to accomplish the purposes of 20
this subchapter; 21
(6)(A) Establish a procedure to allow the head of the 22
institution to review the qualifications of applicants whose education and 23
experience either do not meet or exceed that required by the class 24
specification but who have other job -related qualifications that might be 25
validly substituted for the class requirements. 26
(B) The procedure under subdivision (a)(6)(A) of this 27
section is intended to allow i nstitutions to substitute job -related education 28
and experience for the specific requirements stated in the class 29
specification without the necessity for the revision of the class 30
specification. 31
(C) The procedure under subdivision (a)(6)(A) of this 32
section shall require the final approval of the Director of the Division of 33
Higher Education, with the review of the Legislative Council or, if the 34
General Assembly is in session, the Joint Budget Committee; 35
(7)(A) Review institution personnel transactions reported as 36 SB491
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unqualified appointments. 1
(B) Unqualified appointments shall be reported by the 2
division to the Legislative Council unless one (1) of the following actions 3
is taken: 4
(i) Questionable ap pointments are reviewed by the 5
director; 6
(ii) Payroll actions for questionable appointments 7
that are determined by the director to be unqualified for the specific 8
appointment are not processed until the unqualified appointment is removed 9
from the payroll or is placed into a position in the institution for which 10
the individual meets the minimum qualifications of the classification; or 11
(iii) Corrective action is documented by the 12
institution. 13
(C) It is the specific responsibility of the head of each 14
institution to certify that the qualifications of persons appointed to 15
positions within the institution do meet or exceed the minimum education and 16
experience requirements as stated in the class specification; 17
(8)(A) Establish each year, upon the r eview of the Personnel 18
Subcommittee of the Legislative Council, new classifications at an 19
appropriate grade in order to meet new or changed conditions and report at 20
the end of each fiscal year all class titles contained in § 21 -5-1406 for 21
which a class specification has not been written. 22
(B) Any classification established under this subdivision 23
(a)(8) shall remain in effect for the remainder of the fiscal year during 24
which the classification was established unless specifically authorized to 25
continue by the General Assembly as an addition to this subchapter; 26
(9) Revise, as necessary, the class specification of a 27
classification in order to ensure the accuracy of the description of the 28
assigned duties and the minimum requirements necessary to perform the se 29
duties and thereby maintain a valid relationship between the requirements and 30
the duties and responsibilities of the jobs; 31
(10) Administer and maintain a system for the evaluation of 32
employee performance effectiveness; 33
(11) Provide assistance to i nstitutions in identifying, 34
developing, and maintaining training and resource programs; and 35
(12) Develop and implement, as needed and upon the review of the 36 SB491
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Legislative Council, rules to ensure a uniform system of personnel 1
administration within higher education. 2
(b) To ensure and provide for the accuracy and efficiency of this 3
subchapter and to provide for an efficient and equitable system of personnel 4
management, the division, with the review of the Legislative Council, shall: 5
(1) Study on a conti nuing basis and modify and revise when 6
necessary the current classifications, the class specifications, minimum 7
requirements, and other requirements; 8
(2) Create when necessary new classifications at an appropriate 9
grade that will accurately describe tho se positions for which no appropriate 10
classification exists; 11
(3) Determine those positions that are improperly classified and 12
reclassify those positions to the appropriate classification in accordance 13
with this subchapter; and 14
(4) Develop and impleme nt the policies, rules, and procedures 15
necessary for the implementation of this subchapter. 16
17
21-5-1406. Classification of positions. 18
(a)(1) There are established for the institutions of higher education 19
covered by this subchapter the classification titl es and grades. 20
(2) No payment of salaries may be made except in conformity with 21
the maximum annual salary rates assigned to the grades established by this 22
section for each year as provided in the appropriation act of the institution 23
and in this subchapt er. 24
(b) The following classification titles with their assigned grades are 25
approved for the classification and compensation plan under this subchapter, 26
subject to the appropriation acts for the institutions: 27
Class Title Grade 28
Code 29
B015C ENGINEER SUPERVISOR C126 30
B018C SENIOR BROADCAST ENGINEER C125 31
E009C TECHNICAL INSTITUTE ASSISTANT DIRECTOR C125 32
A031C ASSISTANT CONTROLLER C124 33
E013C EDUCATION PROGRAM MANAGER C124 34
A038C FISCAL SUPPORT MANAGER C123 35
P004C PUBLIC INFORMATION MANAGER C123 36 SB491
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G103C ASSOCIATE REGISTRAR C122 1
T019C DIRECTOR OF PUBLIC SAFETY I C122 2
E018C SPECIALIZED TECHNICAL FACULTY C122 3
B033C UAF CONSTRUCTION COORDINATOR C122 4
A052C ACCOUNTING COORDINATOR C121 5
E022C EDUCATION & INSTRUCTION MANAGER C121 6
A047C FINANCIAL ANALYST II C121 7
G109C GRANTS MANAGER C121 8
S004C MAINTENANCE MANAGER C121 9
L036C NURSE INSTRUCTOR C121 10
R014C PERSONNEL MANAGER C121 11
V004C PROCUREMENT MANAGER C121 12
P008C TELEVISION PROGRAM MANAGER C121 13
S006C ASU ASSOC DIR PHYSICAL PLANT C120 14
B056C ASU CONSTRUCTION COORDINATOR C120 15
G136C ASU DIRECTOR OF HOUSING C120 16
B054C CAMPUS CONSTRUCTION COORDINATOR C120 17
E027C CAREER & TECHNICAL FACULTY C120 18
E026C EDUCATION & INSTRUCTION COORDINATOR C120 19
Q078C PC SUPPORT SPECIALIST C120 20
P013C PUBLIC INFORMATION COORDINATOR C120 21
L038C REGISTERED NURSE C120 22
G118C UAF ASSOC DIR OF AR UNION C120 23
A053C UAF ASST BUSINESS MANAGER C120 24
P011C UAF SPORTS INFORMATION COORDINATOR C120 25
B064C ASU DIRECTOR OF FARMING C119 26
R022C BENEFITS COORDINATOR C119 27
R021C BUDGET ANALYST C119 28
V008C BUYER SUPERVISOR C119 29
S008C CAMPUS MAINTENANCE SUPERVISOR C119 30
P016C CURATOR C119 31
G159C DEPARTMENT BUSINESS COORDINATOR C119 32
P065C DEVELOPMENT SPECIALIST C119 33
E032C EDUCATION COUNSELOR C119 34
E031C EDUCATION PROGRAM COORDINATOR C119 35
G147C GRANTS COORDINATOR C119 36 SB491
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A066C INTERNAL AUDITOR C119 1
A065C PAYROLL SERVICES COORDINATOR C119 2
V007C PROCUREMENT COORDINATOR C119 3
B061C RESEARCH TECHNOLOGIST C119 4
G144C TECHNICAL INSTITUTE PROGRAM COORDINATOR C119 5
R024C ASSISTANT PERSONNEL MANAGER C118 6
S012C ASU ASST DIRECTOR OF PHYSICAL PLANT C118 7
G172C CAREER PLANNING & PLAC COORDINATOR C118 8
M030C CHILD CARE DIRECTOR C118 9
G169C DIRECTOR OF STUDENT UNION C118 10
E038C EDUCATION & INSTRUCTION ANALYST C118 11
C010C EXECUTIVE ASSISTANT TO THE DIRECTOR C118 12
A075C FINANCIAL ANALYST I C118 13
A074C FISCAL SUPPORT SUPERVISOR C118 14
R023C INSTITUTION PERSONNEL SVCS MANAGER C118 15
L047C MEDICAL TECHNOLOGIST SUPERVISOR C118 16
A072C RESEARCH & STATISTICS MANAGER C118 17
S014C RESTAURANT MANAGER C118 18
M022C UAPB DIRECTOR OF HOUSING C118 19
A082C ACCOUNTANT II C117 20
G190C ASST DIR FINANCIAL AID C117 21
G189C ATU DIRECTOR OF HOUSING C117 22
S020C AVIATION TECHNICIAN C117 23
P023C BROADCAST PROMOTION SPECIALIST C117 24
R027C BUDGET SPECIALIST C117 25
C019C CLINIC BUSINESS SVCS MANAGER C117 26
P022C COORDINATOR OF SPORTS INFORMATION C117 27
L055C DIETICIAN C117 28
P021C EDITOR C117 29
G180C GRANTS ANALYST C117 30
R025C HUMAN RESOURCES ANALYST C117 31
G179C LEGAL SERVICES SPECIALIST C117 32
S017C MAINTENANCE COORDINATOR C117 33
V011C MEDICAL BUYER C117 34
P020C PRODUCTION ARTIST C117 35
M038C PROGRAM ELIGIBILITY ANALYST C117 36 SB491
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B076C RESEARCH PROJECT ANALYST C117 1
E040C STAFF DEVELOPMENT COORDINATOR C117 2
M035C UALR DIRECTOR OF HOUSING C117 3
M034C UAM DIRECTOR OF HOUSING C117 4
M033C UCA ASSISTANT DIRECTOR OF HOUSING C117 5
A089C ACCOUNTANT I C116 6
B072C AGRICULTURE PROGRAM COORDINATOR C116 7
B091C ASSISTANT DIRECTOR OF FARMING C116 8
C023C ASSOCIATE BOOKSTORE MANAGER C116 9
B089C ASU ASST DIRECTOR OF FARMING C116 10
S029C ASU DIRECTOR OF HOUSEKEEPING C116 11
A087C ASU PAYROLL SERVICES MANAGER C116 12
S092C ATHLETIC TICKET SALES COORDINATOR C116 13
S025C BUILDING AND GROUNDS COORDINATOR C116 14
C022C BUSINESS OPERATIONS SPECIALIST C116 15
V014C BUYER C116 16
X129C CONSTRUCTION INSPECTOR C116 17
S024C CONSTRUCTION/MAINTENANCE COORD C116 18
P032C DESIGN CONSULTANT C116 19
G197C DIRECTOR OF ALUMNI C116 20
E048C EDUCATION & INSTRUCTION SPECIALIST C116 21
R030C EEO/GRIEVANCE OFFICER C116 22
B087C ENERGY CONSERVATION COORD C116 23
B090C ENGINEER TECHNICIAN C116 24
G195C HIGHER ED INSTITUTION PROG COORD C116 25
R029C HUMAN RESOURCES RECRUITER C116 26
P031C MEDIA SPECIALIST C116 27
P030C MUSEUM EXHIBIT PROGRAM SPECIALIST C116 28
X119C OCCUPATIONAL SAFETY COORDINATOR C116 29
S023C PRINT SHOP MANAGER C116 30
P027C PUBLIC INFORMATION SPECIALIST C116 31
P066C RADIO NEWS DIRECTOR C116 32
P026C RADIO PROGRAM DIRECTOR C116 33
C020C STUDENT APPLICATIONS SPECIALIST C116 34
E046C TRAINING INSTRUCTOR C116 35
C037C ADMINISTRATIVE ANALYST C115 36 SB491
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Q123C ADMINISTRATIVE ASSISTANT C115 1
G212C ASST DIR STUDENT UNION C115 2
C035C ASST REGISTRAR C115 3
G211C ASU ASST DIRECTOR OF HOUSING C115 4
R033C BENEFITS ANALYST C115 5
C034C BOOKSTORE MANAGER C115 6
C033C CLINIC BUSINESS SVCS SUPERVISOR C115 7
S097C CONSTRUCTION SPECIALIST C115 8
S035C FABRICATION SHOP MANAGER C115 9
L063C FAMILY CONSUMER SCIENCE SPECIALIST C115 10
G207C FINANCIAL AID ANALYST C115 11
A091C FISCAL SUPPORT ANALYST C115 12
D078C GIS TECHNICIAN C115 13
R032C HUMAN RESOURCES PROGRAM REPRESENTATIVE C115 14
R031C INSTITUTION HUMAN RESOURCES COORDINATOR C115 15
E050C LIBRARY SUPERVISOR C115 16
S033C MAINTENANCE SUPERVISOR C115 17
C028C MEDICAL RECORDS SUPERVISOR C115 18
L061C MEDICAL TECHNOLOGIST C115 19
A090C PAYROLL SERVICES SPECIALIST C115 20
S032C PRINT SHOP SUPERVISOR C115 21
V015C PURCHASING SPECIALIST C115 22
M055C SAU DIRECTOR OF HOUSEKEEPING C115 23
P033C SPECIAL EVENTS MANAGER C115 24
C025C STUDENT ACCOUNTS OFFICER C115 25
S038C TRANSIT OPERATIONS SUPERVISOR C115 26
B100C ARCHITECTURAL DRAFTSMAN C114 27
P043C ARCHIVAL ASSISTANT C114 28
S042C ATU COLISEUM MANAGER C114 29
S041C BOILER OPERATOR C114 30
P042C BROADCAST PRODUCTION SPECIALIST C114 31
G215C CAREER PLANNING & PLACEMENT SPECIALIST C114 32
P041C COMMERCIAL GRAPHIC ARTIST C114 33
S044C FOOD PREPARATION MANAGER C114 34
G214C GRANTS SPECIALIST C114 35
P039C INSTITUTIONAL PRINTER C114 36 SB491
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M066C PROGRAM ELIGIBILITY SPECIALIST C114 1
L064C RADIOLOGY TECHNICIAN C114 2
X151C SAFETY SUPERVISOR C114 3
E051C STAFF DEVELOPMENT SPECIALIST C114 4
S099C STATIONARY ENGINEER C114 5
A093C STATISTICIAN C114 6
M062C STUDENT UNION NIGHT MANAGER C114 7
V018C WAREHOUSE MANAGER C114 8
C050C ADMINISTRATIVE SUPPORT SUPERVISOR C113 9
S048C ASST RESTAURANT MANAGER C113 10
E053C AUDIOVISUAL AIDS SUPV C113 11
A096C COLLECTION OFFICER C113 12
P049C COMMERCIAL ARTIST I/GRAPHIC ART I C113 13
P084C MULTIMEDIA SPECIALIST C113 14
C051C FINANCIAL AID SPECIALIST C113 15
R036C HUMAN RESOURCES SPECIALIST C113 16
V020C INVENTORY CONTROL MANAGER C113 17
S047C LANDSCAPE SUPERVISOR C113 18
C046C LEGAL SUPPORT SPECIALIST C113 19
L069C LICENSED PRACTICAL NURSE C113 20
S049C LODGE HOUSEKEEPING SUPERVISOR C113 21
G219C LOGISTICS MANAGER C113 22
S046C MAINTENANCE TECHNICIAN C113 23
C044C MEDICAL BILLING SPECIALIST C113 24
L068C MEDICAL DIAGNOSTIC ANALYST C113 25
P048C MULTI-MEDIA SPECIALIST C113 26
P047C MUSEUM REGISTRAR C113 27
R035C PERSONNEL ASSISTANT II — INST C113 28
P046C PHOTOGRAPHER C113 29
S045C PRINTING ESTIMATOR/PLANNER C113 30
P045C PUBLIC INFORMATION TECHNICIAN C113 31
C043C RECORDS MANAGEMENT ANALYST C113 32
T072C SECURITY OFFICER SUPERVISOR C113 33
G218C STUDENT RECRUITMENT SPECIALIST C113 34
C057C ADMINISTRATION SUPPORT SPECI ALIST C112 35
C056C ADMINISTRATIVE SPECIALIST III C112 36 SB491
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C055C ASSISTANT BOOKSTORE MANAGER C112 1
S053C AUTO/DIESEL MECHANIC C112 2
A099C CREDIT & COLLECTIONS SUPV C112 3
E055C DAY CARE TEACHER C112 4
T080C DIRECTOR TRANSIT & PARKING C112 5
B105C FARM FOREMAN — INST C112 6
A098C FISCAL SUPPORT SPECIALIST C112 7
S051C INSTRUMENTATION TECHNICIAN C112 8
S050C MAINTENANCE SPECIALIST C112 9
C053C MEDICAL RECORDS TECHNICIAN C112 10
A097C PAYROLL TECHNICIAN C112 11
V022C PURCHASING TECHNICIAN C112 12
M072C RECREATION COORDINATOR C112 13
B106C RESEARCH ASSISTANT C112 14
P053C SPECIAL EVENTS COORDINATOR C112 15
P052C SPORTS INFORMATION SPECIALIST C112 16
P051C THEATER ARTS TECHNICAL SUPERVISOR C112 17
C060C ALUMNI AFFAIRS SPECIALIST C111 18
S055C ATHLETIC FACILITY SUPV C111 19
M077C COORDINATOR OF HOUSEKEEPING C111 20
T085C FACILITIES MANAGER I C111 21
S056C FOOD PREPARATION SUPERVISOR C111 22
B108C LABORATORY COORDINATOR C111 23
E058C LIBRARY SPECIALIST C111 24
X177C PEST CONTROL TECHNICIAN C111 25
S054C PRINTER C111 26
M075C RESIDENT HALL SPECIALIST C111 27
M074C RESIDENTIAL ADVISOR C111 28
V023C STOREROOM SUPERVISOR C111 29
C065C ADMISSIONS ANALYST SUPERVISOR C110 30
L092C ATHLETIC TRAINER C110 31
C064C BOOKSTORE OFFICE MANAGER C110 32
C063C CAMPUS POSTMASTER C110 33
X181C COLLECTOR C110 34
S058C EQUIPMENT MECHANIC C110 35
B120C FARM MAINTENANCE MECHANIC C110 36 SB491
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L077C HEALTH SERVICES SPECIALIST II C110 1
L076C HOSPITAL PROGRAM SERVICES ASSISTANT C110 2
R038C HUMAN RESOURCES ASSISTANT C110 3
B111C LABORATORY TECHNICIAN C110 4
S057C LANDSCAPE SPECIALIST C110 5
P057C LIVESTOCK NEWS REPORTER C110 6
A100C PAYROLL OFFICER C110 7
P055C SPECIAL EVENTS SUPERVISOR C110 8
C061C STUDENT ACCOUNT SPECIALIST C110 9
G221C VEHICLE FACILITIES COORD C110 10
V025C WAREHOUSE SPECIALIST C110 11
A101C ACCOUNTING TECHNICIAN C110 12
C073C ADMINISTRATIVE SPECIALIST II C109 13
C072C ADMINISTRATIVE SUPPORT SPECIALIST C109 14
C071C ADMISSIONS ANALYST C109 15
P059C BROADCAST ANNOUNCER C109 16
L082C CERTIFIED NURSING ASSISTANT C109 17
L080C DIETETIC TECHNICIAN C109 18
C070C DUPLICATION ASSISTANT C109 19
B112C GREENHOUSE TECHNICIAN C109 20
S060C HEAVY EQUIPMENT OPERATOR C109 21
L079C HOSPITAL TECHNICIAN C109 22
S063C INNKEEPER SPECIALIST C109 23
S062C INSTITUTIONAL BUS DRIVER C109 24
C069C LIBRARY TECHNICIAN C109 25
C066C PATIENT ACCOUNT SPECIALIST C109 26
B113C RESEARCH TECHNICIAN C109 27
C068C RETAIL SPECIALIST C109 28
M080C STUDENT UNION SECTION MANAGER C109 29
E056C TEACHER ASSISTANT C109 30
M079C WORK STUDY COORD C109 31
C079C ADMISSIONS SPECIALIST C108 32
C078C CASHIER C108 33
C077C COOP EXTENSION SRV PRG ASST C108 34
A102C FISCAL SUPPORT TECHNICIAN C108 35
S068C FOOD PREPARATION COORDINATOR C108 36 SB491
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V027C INVENTORY CONTROL TECHNICIAN C108 1
S065C MAINTENANCE ASSISTANT C108 2
C074C MEDICAL RECORDS ASSISTANT C108 3
P060C MULTI-MEDIA TECHNICIAN C108 4
B114C RESEARCH FIELD TECHNICIAN C108 5
S070C EQUIPMENT TECHNICIAN C107 6
S073C HOUSEKEEPER C107 7
S071C INSTITUTIONAL SERVICES SHIFT SUPVT C107 8
C085C LIBRARY SUPPORT ASSISTANT C107 9
C083C MAIL SERVICES COORDINATOR C107 10
S069C RADIO DISPATCH OPERATOR C107 11
C082C REGISTRAR'S ASSISTANT C107 12
S074C RESIDENT HALL MANAGER I C107 13
C087C ADMINISTRATIVE SPECIALIST I C106 14
B115C AGRI FARM TECHNICIAN C106 15
B116C AGRI LABORATORY TECHNICIAN C106 16
S075C ATHLETIC EQUIPMENT SUPV C106 17
E057C AUDIOVISUAL LABORATORY ASSISTANT C106 18
T089C HE PUBLIC SAFETY DISPATCHER C106 19
T088C PARKING CONTROL SUPV C106 20
V029C PURCHASING ASSISTANT C106 21
M089C RESIDENTIAL CARE ASSISTANT C106 22
T087C SECURITY OFFICER C106 23
P063C SPECIAL EVENTS WORKER C106 24
V028C WAREHOUSE WORKER C106 25
B117C ACADEMIC LABORATORY ASSISTANT C105 26
M086C CHILD CARE TECHNICIAN C105 27
S080C EQUIPMENT OPERATOR C105 28
C088C MAIL SERVICES ASSISTANT C105 29
T090C PARKING CONTROL OFFICER C105 30
S079C REPROD EQUIPMENT OPERATOR C105 31
V030C SHIPPING & RECEIVING CLERK C105 32
S078C STADIUM MAINTENANCE SUPV C105 33
M085C CAREGIVER C104 34
S086C COOK C104 35
B118C FARM WORKER C104 36 SB491
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S085C FOOD PREPARATION SPECIALIST C104 1
S084C INSTITUTIONAL SERVICES SUPERVISOR C104 2
S087C INSTITUTIONAL SERVICES ASSISTANT C103 3
B119C LAB ASSISTANT C103 4
S089C FOOD PREPARATION TECHNICIAN C102 5
C093C EXTRA HELP ASSISTANT C101 6
T091C WATCHMAN C101 7
8
21-5-1407. Compensation plan. 9
(a) There is established for institutions of higher education covered 10
by this subchapter a compensation plan for the setting of salaries and salary 11
increases, when deserved, of all employees serving in po sitions covered by 12
this subchapter. 13
(b)(1) No employee shall be paid at a rate of pay higher than the 14
appropriate rate in the grade assigned to his or her class, and no employee 15
shall be paid more than the highest pay level established for the employee's 16
grade unless otherwise provided for in this subchapter. 17
(2) However, an employee presently employed in a position who is 18
being paid at a rate in excess of the maximum for his or her assigned grade 19
may continue to receive his or her rate of pay. 20
(c) It is the intent of the General Assembly to authorize, in the 21
enactment of the compensation plans, rates of pay for each of the appropriate 22
grades assigned to a class, but it is not the intent of the General Assembly 23
that any pay increases be automatic or t hat any employee have a claim or a 24
right to pay increases unless the head of the institution determines that the 25
employee, by experience, ability, and work performance, is eligible for the 26
increase in pay authorized for the grade assigned by classification to the 27
employee's position. 28
(d) Pay levels established in this subchapter are for compensation 29
management purposes and are not to be construed as a contract, right, or 30
other expectation of actual employee salary determination. 31
(e) The following grades and pay levels are the authorized pay plan, 32
effective July 1, 2021, and thereafter, for the state service for all 33
positions of institutions covered by this subchapter to which a 34
classification title and salary grade have been assigned in accordance with 35
this subchapter and the appropriation act of the institution: 36 SB491
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Grade Minimum 15% Midpoint 30% Above Maximum 1
Above Minimum 2
Minimum 3
C101 $22,880 $26,312 $27,882 $29,744 $32,885 4
C102 $23,138 $26,609 $28,669 $30,080 $34,200 5
C103 $23,168 $26,643 $29,368 $30,119 $35,568 6
C104 $23,198 $26,677 $30,094 $30,157 $36,991 7
C105 $23,227 $26,712 $30,849 $30,196 $38,471 8
C106 $23,257 $26,746 $31,633 $30,234 $40,009 9
C107 $23,287 $26,780 $32,448 $30,273 $41,610 10
C108 $23,547 $27,079 $33,411 $30,611 $43,274 11
C109 $23,880 $27,462 $34,443 $31,044 $45,005 12
C110 $24,213 $27,845 $35,509 $31,477 $46,805 13
C111 $24,546 $28,228 $36,612 $31,910 $48,678 14
C112 $25,773 $29,639 $38,199 $33,505 $50,625 15
C113 $27,062 $31,121 $39,856 $35,180 $52,650 16
C114 $28,415 $32,677 $41,585 $36,940 $54,756 17
C115 $29,836 $34,311 $43,391 $38,787 $56,946 18
C116 $31,327 $36,026 $45,275 $40,725 $59,224 19
C117 $32,894 $37,828 $47,243 $42,762 $61,593 20
C118 $34,538 $39,719 $49,297 $44,900 $64,056 21
C119 $36,265 $41,705 $51,442 $47,145 $66,619 22
C120 $38,079 $43,790 $53,681 $49,502 $69,283 23
C121 $39,983 $45,980 $56,019 $51,978 $72,055 24
C122 $41,982 $48,280 $58,460 $54,577 $74,937 25
C123 $44,081 $50,694 $61,008 $57,306 $77,934 26
C124 $46,285 $53,227 $63,668 $60,170 $81,052 27
C125 $48,599 $55,889 $66,446 $63,179 $84,294 28
C126 $51,030 $58,684 $69,348 $66,338 $87,665 29
C127 $53,581 $61,618 $72,376 $69,655 $91,172 30
C128 $56,259 $64,698 $75,539 $73,137 $94,819 31
C129 $59,072 $67,933 $78,842 $76,794 $98,612 32
C130 $62,026 $71,330 $82,291 $80,634 $102,556 33
(f) It is the intent of the General Assembly that the compensation 34
plans in this section shall be implemented and function in compliance with 35
other provisions in this subchapter and other fiscal control laws of this 36 SB491
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state, when applicable. 1
(g) With the approval of the Legislative Council or, if the General 2
Assembly is in session, the Joint Budget Committee, salaries established by 3
this section may exceed the maximum pay level for the grade assigned by the 4
classification by no more than twenty -five percent (25%) for no more than ten 5
percent (10%) of the positions authorized in the institution's appropriation 6
act. 7
8
21-5-1408. Implementation of plan — Changes in class specifications. 9
(a) For the purposes of implementing the higher education uni form 10
classification and compensation plan for the institutions of higher education 11
covered by this subchapter, the General Assembly determines that the class 12
specifications prepared by the Division of Higher Education in classifying 13
the positions authorize d in the appropriation act of each institution be the 14
class specifications to be followed in implementing the respective 15
appropriations for all part -time and full-time employees of the institutions 16
covered by this subchapter. 17
(b) Changes in class specifi cations may be made, in whole or in part, 18
by rule of the division, and the changes shall be reported on a quarterly 19
basis to the Legislative Council. 20
21
21-5-1409. Implementation procedure for grade changes — Salary 22
adjustments. 23
(a) The Division of Highe r Education has administrative responsibility 24
for enforcing compliance by institutions of higher education affected by this 25
subchapter in implementing classification and grade changes. 26
(b)(1) The division may authorize a salary increase of up to two 27
percent (2%) each fiscal year upon certification by institutions of higher 28
education that sufficient funds exist to implement salary increases. 29
(2) An employee whose adjusted annual salary falls below the 30
entry pay level for the grade assigned to his or her classification shall 31
have his or her annual salary further adjusted to the entry pay level. 32
(3) A salary increase under subdivision (b)(1) of this section 33
may be established as an increase to the employee's salary or as a lump sum. 34
(4) A salary increase authorized by subdivision (b)(1) of this 35
section may allow an employee's compensation to exceed the maximum pay level 36 SB491
26 3/27/2023 2:06:00 PM MBM122
amount set out for the position. 1
(c)(1) In addition to a compensation increase under subsection (b) of 2
this section, the maximum an nual salary for which an employee covered by this 3
subchapter is eligible may be increased: 4
(A) By a percentage up to two percent (2%) with written 5
approval by the Director of the Division of Higher Education; or 6
(B) More than two percent (2%) only with written approval 7
of the Director of the Division of Higher Education after review by the 8
Legislative Council or, if the General Assembly is in session, the Joint 9
Budget Committee. 10
(2) The salary increase may be established as an increase to the 11
employee's salary or as a lump sum. 12
(3) An employee compensated at the highest pay level rate 13
authorized for his or her classification is eligible to receive the salary 14
increase authorized in this section as a lump -sum payment. 15
(d) Salary adjustments mad e by the director under this section shall 16
be reported to the Legislative Council or, if the General Assembly is in 17
session, the Joint Budget Committee. 18
(e) All percentage calculations stipulated in this subchapter or any 19
other law affecting salaries of employees of institutions of higher education 20
may be rounded to the nearest even -dollar amount by the division when making 21
the increases to employee salaries as provided under subdivision (c)(1) of 22
this section. 23
24
21-5-1410. New appointments — Other compensation plan provisions. 25
(a) A new appointment to a position in an institution of higher 26
education covered by this subchapter shall be paid at the minimum pay level 27
for the grade assigned to the classification unless otherwise authorized by 28
law. 29
(b) Special rates of pay may be established for either classifications 30
or positions for the following reasons: 31
(1) Prevailing labor market conditions; 32
(2) An extraordinarily well -qualified candidate; 33
(3) The need to retain trained, competent employees; 34
(4) An employee assigned additional duties as a result of the 35
elimination of a position by an institution; or 36 SB491
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(5) To meet the requirements of state or federal laws. 1
(c)(1) An institution may request a special rate of pay for a specific 2
classification or position due to prevailing market rates of pay up to the 3
midpoint pay level of the appropriate grade of a classification on the 4
appropriate pay table for the assigned grade with the written approval of the 5
Director of the Division of High er Education. 6
(2) An institution may request a special rate of pay for a 7
specific classification or position due to prevailing market rates of pay up 8
to the maximum pay level for the assigned grade only with the approval of the 9
director after review by the Legislative Council or, if the General Assembly 10
is in session, the Joint Budget Committee. 11
(3) The Division of Higher Education shall maintain a register 12
of classifications or positions for which special rates of pay have been 13
established due to pre vailing market rates of pay. 14
(4) The division shall file a report of special rates of pay 15
established due to prevailing market rates of pay with the Legislative 16
Council or, if the General Assembly is in session, the Joint Budget 17
Committee, at the next r egularly scheduled meeting following the approval. 18
(d)(1) A special rate of pay may be established for an exceptionally 19
well-qualified applicant whose educational background or experience qualifies 20
the applicant to perform the job with little or substant ially less 21
orientation and training than would be required for another qualified 22
applicant. 23
(2)(A) The head of the institution may approve a special rate of 24
pay under subdivision (d)(1) of this section up to fifteen percent (15%) 25
above the minimum pay l evel for the grade assigned to the classification and 26
shall report all actions under the division's procedures. 27
(B) The director may approve a special rate of pay under 28
subdivision (d)(1) of this section above fifteen percent (15%) up to thirty 29
percent (30%) above the minimum pay level for the grade assigned to the 30
classification. 31
(C) The division may approve a special rate of pay under 32
subdivision (d)(1) of this section above thirty percent (30%) up to the 33
maximum pay level for the grade assigned t o the classification after review 34
by the Legislative Council or, if the General Assembly is in session, the 35
Joint Budget Committee. 36 SB491
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(3) The division shall file a report of special rates of pay 1
established under this subsection with the Legislative Counc il or, if the 2
General Assembly is in session, the Joint Budget Committee, at the next 3
regularly scheduled meeting following the approval. 4
(e)(1) The head of the institution may approve special rates of pay to 5
retain a trained, competent employee or due t o the assignment of additional 6
duties as a result of the elimination of positions by the institution, 7
subject to the following: 8
(A) The assignment of additional duties is permanent and 9
the duties assigned are beyond the scope of work currently being pe rformed by 10
the employee; 11
(B) The same employee may not receive a special rate of 12
pay under this subdivision (e)(1) more than one (1) time during a biennium; 13
and 14
(C) All increases up to ten percent (10%) approved under 15
this subdivision (e)(1) shall be reported by the institution to the division, 16
and increases above ten percent (10%) shall be approved by the division. 17
(2) The division shall file a report of all salary increases 18
established under this subsection with the Legislative Council or, if t he 19
General Assembly is in session, the Joint Budget Committee, at the next 20
regularly scheduled meeting following the approval for review. 21
(f)(1)(A) An employee promoted on or after July 1, 2019, shall receive 22
a salary increase up to ten percent (10%). 23
(B) However, an employee's rate of pay upon promotion 24
shall not exceed the maximum pay level of the grade assigned to the 25
classification. 26
(2) An employee who upon promotion is receiving a rate of pay 27
below the minimum pay level established for the new grade shall be adjusted 28
to the minimum pay level for that grade. 29
(3) An employee who returns to a position in a classification 30
the employee formerly occupied within a twelve -month period after promotion 31
from the classification is eligible for a rate of pay no greater than that 32
for which the employee would have been eligible had the employee remained in 33
the lower-graded classification. 34
(g)(1)(A) Upon demotion, an employee's pay shall be decreased by up to 35
ten percent (10%). 36 SB491
29 3/27/2023 2:06:00 PM MBM122
(B) However, an employee 's rate of pay upon demotion shall 1
not exceed the maximum pay level of the grade assigned to the classification. 2
(2) If the employee's salary falls below the lowest minimum pay 3
level of the new grade upon demotion, his or her salary shall be adjusted to 4
the minimum pay level for the grade. 5
(h)(1) If an employee accepts a new position that is a transfer, the 6
employee may receive a change in pay, as follows: 7
(A) If the employee's salary falls below the minimum pay 8
level of the new grade, then his or her salary shall be adjusted to the 9
minimum pay level for the grade; or 10
(B) If a special rate of pay has been established under 11
this section, then his or her salary shall be appropriately adjusted. 12
(2) A transferring employee's rate of pay shall not exceed the 13
maximum pay level of the grade assigned to the new position unless otherwise 14
authorized. 15
(i) An employee who is placed in a lower -graded position on the same 16
pay table because the original position has expired due to lack of funding, 17
program changes, or withdrawal of federal grant funds may continue to be paid 18
at the same rate as the employee was being paid in the higher -graded position 19
upon approval of the division after seeking the review of the Legislative 20
Council or, if the General Assembl y is in session, the Joint Budget 21
Committee. 22
(j) If an employee who has been terminated for more than thirty (30) 23
working days returns to service at the institution, the institution may offer 24
up to the employee's last rate of pay not to exceed the maximu m pay level 25
established for the grade. 26
(k) Upon transfer of employment between institutions, an employee 27
shall receive a lump -sum payment from the original institution for any 28
overtime that has been accrued and not been paid and for any compensatory 29
time accrued that has not been used at the higher rate of either the: 30
(1) Average regular rate of pay received by the employee during 31
the last three (3) years of his or her employment; or 32
(2) Final regular rate of pay received by the employee. 33
(l) Any special rate of pay established under this section shall not 34
affect the salary level or salary eligibility of any existing employee within 35
the institution. 36 SB491
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(m)(1) A special rate of pay is subject to the institution's ability 1
to certify funding for a spec ial rate of pay established under this section. 2
(2) An institution shall not use merit adjustment funds for a 3
special rate of pay established under this section. 4
5
21-5-1411. Shift differential. 6
(a)(1) Upon the approval of the Division of Higher Educa tion, an 7
employee whose working hours do not conform to normal state business hours 8
shall be eligible for additional compensation up to twelve percent (12%) of 9
the hourly rate for which he or she is eligible under this subchapter as a 10
shift differential if : 11
(A) The institution of higher education routinely 12
schedules more than one (1) work shift per day; 13
(B) The shift to which the employee is assigned is a full 14
work shift; and 15
(C) The employee is regularly assigned to the late shift 16
or is assigned to the shift on a regularly scheduled rotating basis. 17
(2) An employee assigned to an evening shift shall not receive 18
additional compensation that exceeds six percent (6%) above that for which he 19
or she is eligible under this subchapter. 20
(3) An employee assigned to a night shift shall not receive 21
additional compensation that exceeds twelve percent (12%) above that for 22
which he or she is eligible under this subchapter. 23
(4)(A) An employee at or near the maximum authorized salary 24
level for the grade assigned to his or her classification may be compensated 25
at an additional rate not to exceed twelve percent (12%) of his or her 26
eligible salary under this subchapter. 27
(B) When granting additional compensation has the effect 28
of temporarily exceeding the highest pay level for the grade assigned to the 29
employee's classification, the additional compensation shall not be construed 30
as exceeding the highest pay level for that grade. 31
(b)(1) A person employed in areas providing critical support, custody, 32
and care to designated client service units at state -operated inpatient 33
hospital facilities, at state -operated human development centers, and at 34
maximum security units at correctional facilities during weekend hours is 35
eligible to receive up to twenty percent ( 20%) of the hourly rate for which 36 SB491
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he or she is eligible under this subchapter paid as a shift or weekend 1
differential. 2
(2) Designated weekend hours begin no earlier than 2:30 p.m. on 3
Friday and end no later than 8:00 a.m. on the following Monday. 4
(c)(1) If a facility uses shifts other than traditional eight -hour 5
shifts, a shift differential may be paid for those shifts exceeding the 6
normal day shift of the facility. 7
(2) If shift and weekend differentials are provided to an 8
employee, the total compen sation may exceed the highest pay level for the 9
grade for those positions included in this subchapter. 10
(3)(A) The institution shall identify the shifts, job 11
classifications, and positions to be eligible for the shift differential and 12
the differential percentage for which each classification is eligible within 13
each shift. 14
(B) The shift schedule, classifications, positions, and 15
the percentage of shift differential for which the class titles are eligible 16
shall be submitted to the division for approval b y the Director of the 17
Division of Higher Education. 18
(C) Subsequent changes to the shift schedule, 19
classifications, grades, positions, and shift differential percentages shall 20
receive prior approval by the director. 21
(d) An employee who is receiving ad ditional compensation under this 22
section and then is reassigned to a normal shift shall revert on the day of 23
the reassignment to the rate of pay for which he or she is eligible under 24
this subchapter. 25
(e) The division shall report all shift differential a pprovals to the 26
Legislative Council or, if the General Assembly is in session, the Joint 27
Budget Committee. 28
29
21-5-1412. Compensation differentials. 30
(a) To address specific employee compensation needs not otherwise 31
provided for in this subchapter, an institution of higher education may pay 32
additional compensation for current employees in specific positions or for 33
classifications of positions assigned to a compensation plan authorized by 34
the General Assembly for one (1) or more compensation differential s. 35
(b)(1) Authorization for one (1) or more compensation differentials 36 SB491
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may be approved if the: 1
(A) Institution has documented the need for a compensation 2
differential for specified positions or classifications; 3
(B) Institution submits to the Division of Higher 4
Education a plan of the terms and conditions for eligibility that must 5
directly address the needs of the targeted positions or classifications for 6
any requested compensation differential; 7
(C) Cost of implementing and maintaining a co mpensation 8
differential is within the institution's existing appropriation and shall not 9
be implemented using funds specifically set aside for other programs within 10
the institution; and 11
(D) Compensation differential has been approved by the 12
division after review by the Legislative Council or, if the General Assembly 13
is in session, the Joint Budget Committee. 14
(2) Any compensation differential authorized under this section 15
shall be renewed each fiscal year. 16
(3) The cumulative total of any compensati on differentials paid 17
to an employee shall not exceed twenty -five percent (25%) of the employee's 18
base salary. 19
(c)(1) A hazardous duty differential of up to ten percent (10%) may be 20
authorized for the increased risk of personal physical injury for an emp loyee 21
occupying a certain identified high -risk position if the: 22
(A) Position classification is determined to be physically 23
hazardous or dangerous due to location, facility, services provided, or other 24
factors directly related to the duty assignment of the position; and 25
(B) Employee's regularly assigned work schedule exposes 26
him or her to clear, direct, and unavoidable hazards during at least fifty 27
percent (50%) of the work time and the employee is not compensated for the 28
hazardous exposure. 29
(2)(A) The institution shall identify the facility or unit, 30
location, and eligible positions and classifications within the facility or 31
unit that are identified as high -risk. 32
(B) The positions shall be certified by the institution as 33
having been assigned to a work environment that poses an increased risk of 34
personal injury and shall be submitted as part of the plan for payment of a 35
hazardous duty differential to the division for approval by the Director of 36 SB491
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the Division of Higher Education after review and ap proval of the Legislative 1
Council or, if the General Assembly is in session, the Joint Budget 2
Committee. 3
(C) Subsequent changes to the facility or unit, location, 4
and eligible positions or classifications within the facility or unit on file 5
with the division shall receive prior approval by the director after review 6
and approval by the Legislative Council or, if the General Assembly is in 7
session, the Joint Budget Committee. 8
(3) It is the intent of this subsection that a hazardous duty 9
differential shall be at the discretion of the director and the institution 10
and shall not be implemented using funds specifically set aside for other 11
programs within the institution. 12
(4) An employee who is receiving additional compensation for 13
hazardous duty and then is reassigned to normal duty shall revert on the day 14
of the reassignment to the rate of pay for which he or she is eligible under 15
this subchapter. 16
(d)(1) A professional certification differential of up to ten percent 17
(10%) for job-related professional ce rtifications for individual positions or 18
for specific classifications within an institution may be authorized if the 19
certification is: 20
(A) From a recognized professional certifying organization 21
and is determined to be directly related to the predominan t purpose and use 22
of the position or classification; and 23
(B) Not included as a minimum qualification established or 24
as a special requirement for the classification by the official class 25
specification. 26
(2)(A) A professional certification differential may be paid 27
only while the certification is current and maintained by the employee and 28
while the employee is employed in a position or classification covered by the 29
compensation plan. 30
(B) Documentation of continuation or renewal of the 31
certification of the employee is required for continuation of the 32
professional certification differential. 33
(e) An education differential of up to ten percent (10%) for job -34
related education for individual positions or for specific classifications 35
within an institution may be authorized if: 36 SB491
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(1) Attainment of additional education is from an accredited 1
institution of higher education, documented by official transcript, 2
certificate, or degree award, and directly related to the predominant purpose 3
and use of the position or classification; and 4
(2) The education to be compensated is not included as a special 5
requirement or minimum qualification established for the classification by 6
the official class specification. 7
(f) A geographic area differential of up to ten percen t (10%) may be 8
authorized to address the documented inability to recruit and retain certain 9
employees in a specific geographic area of the state if the additional 10
geographic area differential is based on a documented recruitment, turnover, 11
or other competitive pay issue in a specific geographic area that does not 12
justify a statewide labor market special entry rate. 13
(g)(1) A second-language differential of up to ten percent (10%) may 14
be authorized for an employee who has the demonstrated ability and skill to 15
communicate in a language other than English, including American Sign 16
Language, if that skill is determined by the institution to be directly 17
related to the effective performance of the job duties for the position 18
occupied by the employee. 19
(2) An employee who receives additional compensation under this 20
subsection and who moves into a position that does not need the skill to 21
communicate in a language other than English shall revert on the effective 22
date of the change to the rate of pay that the empl oyee would otherwise 23
receive. 24
(h)(1) An on-call duty or standby -duty differential may be authorized 25
for an employee whose job requires him or her to provide services on nights, 26
weekends, or holidays or at other times or in other situations when the 27
institution does not have regularly scheduled staff coverage. 28
(2) An on-call duty or standby -duty differential is to be used 29
for officially scheduled duty outside regular work hours during which time an 30
employee is required to be accessible by telephone, pag er, or other means and 31
is required to return to the designated work site upon notification of need 32
within a specified response time. 33
(3)(A) An employee who is required to be available for duty on 34
nights, weekends, or holidays or at other times or in oth er situations when 35
the institution does not have regularly scheduled staff coverage is eligible 36 SB491
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to receive an on-call or standby-duty pay equivalent of an hourly rate not to 1
exceed twenty percent (20%) of his or her base hourly pay rate for each on -2
call or standby hour for not more than forty -eight (48) hours during any 3
seven-day work period. 4
(B)(i) Compensation shall not be paid to an employee 5
required to be on on -call or standby duty who fails to respond after the 6
second notification that his or her services are needed. 7
(ii) If the equipment or paging device malfunctions, 8
the penalty under subdivision (h)(3)(B)(i) of this section shall not apply. 9
(C)(i) An employee on on -call or standby duty who is 10
called in to work shall be compensated for t he actual hours worked at the 11
appropriate rate of pay with a minimum of two (2) hours for each call -back. 12
(ii) The employee shall not be paid on -call or 13
standby pay for hours actually worked during a call -back. 14
(i) If granting additional compensatio n would have the effect of 15
exceeding the maximum pay level for the grade assigned to the employee's 16
classification, the additional compensation shall not be considered as 17
exceeding the maximum allowable rate for that grade. 18
(j) Other compensation differe ntials may be administered by the 19
division after: 20
(1) Approval by the director; and 21
(2) Review by the Legislative Council or, if the General 22
Assembly is in session, the Joint Budget Committee. 23
24
21-5-1413. Salary administration grids. 25
(a)(1) An institution of higher education may request that a salary 26
administration grid be approved for specific classifications of positions 27
assigned to the pay plan as established in § 21 -5-1410 if the: 28
(A) Institution has documented the need for a salary 29
administration grid for specified positions or classifications; 30
(B) Terms and conditions of a salary administration grid 31
proposed by the institution address the needs of the targeted positions; 32
(C) Cost of implementing and maintaining a salary 33
administration grid is within the institution's existing appropriation and 34
the implementation does not use funds specifically set aside for other 35
programs within the institution; and 36 SB491
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(D) Salary administration grid has been approved by the 1
Director of the Divisio n of Higher Education after review by the Legislative 2
Council or, if the General Assembly is in session, the Joint Budget 3
Committee. 4
(2)(A) Special rates of pay may be authorized up to the highest 5
pay level authorized for the grade assigned the classifi cation of a career 6
service position for specific classifications only. 7
(B) An approved salary administration grid shall be used 8
for establishing the entry pay level for an employee in a position. 9
(C) A person hired above the entry pay level shall m eet or 10
exceed the minimum qualifications for the job classification. 11
(D) Subsequent salary determinations within a salary 12
administration grid shall be based on the employee's qualifications, relevant 13
competitive compensation rates, professional or educ ational achievements, and 14
internal equity within the institution. 15
(E) A plan of implementation and salary progression shall 16
be approved by the Division of Higher Education on a biennial basis. 17
(3) An approved salary administration grid may be amende d only 18
upon approval by the division after review by the Legislative Council or, if 19
the General Assembly is in session, the Joint Budget Committee. 20
(4) Compensation differentials that are included in an 21
institution's grid plan shall not exceed rates pro vided in § 21-5-1412. 22
(b)(1) A monthly report shall be made to the Legislative Council or, 23
if the General Assembly is in session, the Joint Budget Committee, describing 24
all personnel transactions involving applications of this section. 25
(2) The hiring of a new employee under this section shall not 26
affect the salary, grade, or classification of any current employee within 27
the institution. 28
(3) The division shall promulgate rules regarding the 29
implementation and use of a salary administration grid with the review of the 30
Legislative Council or, if the General Assembly is in session, the Joint 31
Budget Committee. 32
33
21-5-1414. Extra help positions. 34
(a)(1) A position authorized as extra help in an institution of higher 35
education shall be assigned an authoriz ed classification by the institution, 36 SB491
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and any person hired in an extra help position shall meet the minimum 1
qualifications and any other requirements set by the class specification of 2
the classification and grade assigned to the position. 3
(2) The rates of pay for extra help employees shall be set in 4
accordance with and shall not exceed those provided in this subchapter for 5
the appropriate classification. 6
(3) Extra help employees of institutions shall not exceed one 7
thousand five hundred (1,500) hours per fiscal year as set out in § 6 -63-314. 8
(b) The salary eligibility for an employee transferring or returning 9
from an extra help position to a regular position shall be established at the 10
minimum pay level for the grade assigned by classification with t he following 11
exceptions: 12
(1) The classification has an established current labor market 13
special entry pay level; 14
(2) The position is approved for shift differential in 15
accordance with this subchapter; or 16
(3) The employee's eligibility is based on prior state service 17
in a regular position. 18
(c) A former employee from a state agency, institution, board, or 19
commission who is rehired in an extra help position is ineligible for 20
benefits except holiday pay. 21
22
21-5-1415. Position pools. 23
(a)(1) The Division of Higher Education shall establish and maintain a 24
central pool of four hundred (400) positions to be used to establish 25
additional positions in an institution of higher education when an 26
institution does not have sufficient positions available to mee t 27
unanticipated enrollment growth, industry training demands, or its mandated 28
responsibilities. 29
(2) Central pool positions shall be used by the institution if 30
the personnel service needs exceed the number of positions authorized by the 31
General Assembly and were not anticipated at the time of the passage of the 32
institution's operating appropriation act. 33
(b)(1) The division shall establish and maintain a temporary 34
transition pool of fifty (50) positions to be used to establish additional 35
temporary positions of the proper classification and grade in an institution 36 SB491
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if the institution does not have sufficient positions available with the 1
appropriate classification and grade to address organizational transition 2
issues such as succession planning or other chan ges involving administration 3
of the institution. 4
(2) An institution shall use temporary transition pool positions 5
only if the personnel service needs exceed the number of positions in a 6
classification authorized by the General Assembly and were not anti cipated at 7
the time of the passage of the institution's operating appropriation bill. 8
(3) A position established under this section shall be approved 9
for the same classification as the position occupied by the transitioning 10
full-time employee. 11
(4) A position from the temporary transition pool shall not be 12
authorized for an institution until the specific position is: 13
(A) Requested by the institution; 14
(B) Recommended by the division; and 15
(C) Reviewed by the Legislative Council or, if the Gen eral 16
Assembly is in session, the Joint Budget Committee. 17
(5) Temporary transition pool positions shall be authorized for 18
not more than one hundred eighty (180) calendar days in a fiscal year and may 19
not be renewed or extended. 20
(c) A pool position rece ived by an institution under this section is 21
subject to the institution's ability to certify funding. 22
(d) A position established under this section shall not exceed a 23
salary rate of the highest maximum annual salary rate or the highest grade 24
level position authorized by the General Assembly in the requesting 25
institution's appropriation act. 26
(e) The institution shall provide justification to the division for 27
the need to allocate positions from the central pool or temporary transition 28
pool. 29
(f) Titles shall not be assigned to the institution from the central 30
pool or temporary transition pool until specific positions are: 31
(1) Requested by the institution; 32
(2) Recommended by the division; and 33
(3) Reviewed by the Legislative Council or, if the General 34
Assembly is in session, the Joint Budget Committee. 35
(g) If an institution requests any central pool position to be 36 SB491
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continued during the subsequent fiscal year, the position shall be requested 1
as a new position in the institution's subsequent fisc al year budget request. 2
3
21-5-1416. Annual career service recognition payments for employees of 4
institutions of higher education. 5
(a)(1)(A) Nonfaculty and classified employees of institutions of 6
higher education shall become eligible for annual career service recognition 7
payments upon completion of ten (10) or more years of service in either 8
elected positions or classified or nonclassified positions with a state 9
agency or an institution. 10
(B) To receive the full amount authorized in subsection 11
(c) of this section, the service shall have been in either elected positions 12
or regular full-time positions. 13
(C) Nonfaculty and classified employees of institutions 14
who work part-time in regular salary positions may receive annual career 15
service recognition payments on a pro rata basis. 16
(2) Periods of authorized leave without pay and leave of absence 17
for military service when veterans' reemployment rights are exercised shall 18
not negate eligibility for the payment, provided all other eligibility 19
requirements are met. 20
(b) The Division of Higher Education shall establish and publish 21
policies and procedures for the administration of career service recognition 22
payments to employees of institutions upon a determination by the Director of 23
the Division of Higher Education that the respective institution has 24
sufficient funds available for that purpose. 25
(c) Nonfaculty and classified employees of institutions who meet 26
eligibility requirements established by subsection (a) of this section shall 27
become eligible for a nnual career service recognition payments on the 28
anniversary date of the completion of such service according to the following 29
schedule: 30
31
STATE SERVICE ANNUAL PAYMENT 32
10 through 14 years of state service $ 800 33
15 through 19 years of state service 1,000 34
20 through 24 years of state service 1,200 35
25 or more years of state service 1,500 36 SB491
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1
(d) Career service recognition payments authorized by this section 2
are: 3
(1) Subject to withholding of all applicable state and federal 4
taxes; and 5
(2) Included by retirement systems in determining benefits. 6
7
21-5-1417. Merit increase pay system — Definition. 8
(a)(1) The Division of Higher Education may develop and establish a 9
merit increase pay system for employees of all institutions of higher 10
education covered by this subchapter. 11
(2)(A) Employees are eligible for a merit increase to be paid as 12
an increase in salary or a lump sum on the employee's merit increase date, 13
and the payment shall not be construed as exceeding the maximum pay level for 14
the grade. 15
(B) The lump-sum payments authorized in this section shall 16
be considered as salary for the purposes of retirement eligibility. 17
(3) The merit increase pay system shall be reviewed by the 18
Legislative Council or, if the General Assembly is in session, the Joint 19
Budget Committee. 20
(b) As used in this section, “merit increase pay system” means a 21
merit-based pay system that incorporates pay and performance evaluation 22
standards and establishes criteria for payments for employees who meet 23
requisite performance categories. 24
(c) Merit payments may be awarded to employees who satisfy 25
performance evaluation -based criteria developed by institutions in accordance 26
with procedures and policies developed and approved by the division after 27
review by the Legislative Council. 28
29
SECTION 6. EMERGENCY CLAUSE. It is found and determined by the 30
General Assembly of the State of Arkansas that this act deals with the 31
personnel of institutions of higher education; that the changes made by this 32
act are necessary to provide for the efficient and effective operation of 33
institutions of higher education and to ensure that state funds are spent 34
appropriately and in a manner that preserves the public peace, health, and 35
safety; that each institution of higher education's o perative appropriation 36 SB491
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act will become effective on July 1, 2023, at the beginning of the next 1
fiscal year; and that this act should likewise become effective at the 2
beginning of the state's fiscal year to ensure that no lapses in staffing 3
occur and institutions of higher education may continue to provide vital 4
services to the citizens of the state of Arkansas. Therefore, an emergency 5
is declared to exist, and this act being necessary for the preservation of 6
the public peace, health, and safety shall becom e effective on July 1, 2023. 7
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APPROVED: 4/12/23 12
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