1999 Montana Legislature

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HOUSE BILL NO. 483

INTRODUCED BY G. BECK



A BILL FOR AN ACT ENTITLED: "AN ACT REVISING THE PAY PLAN FOR STATE TEACHERS; PROVIDING PAY INCREASES FOR STATE TEACHERS; AMENDING SECTIONS 2-18-301, 2-18-303, AND 2-18-313, MCA; AND PROVIDING AN EFFECTIVE DATE."



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



     Section 1.  Section 2-18-301, MCA, is amended to read:

     "2-18-301.  Purpose and intent of part -- rules. (1) The purpose of this part is to provide the market-based compensation necessary to attract and retain competent and qualified employees in order to perform the services that the state is required to provide to its citizens.

     (2)  It is the intent of the legislature that compensation plans for state employees, excluding those employees excepted under 2-18-103 or 2-18-104 and excluding employees compensated under 2-18-313 and 2-18-315, be based on an analysis of the labor market as provided by the department in a salary survey. The salary survey must be submitted to the office of budget and program planning as a part of the information required by 17-7-111.

     (3)  Except as provided in 2-18-110, pay adjustments and pay schedules provided for in 2-18-303 and in 2-18-312, 2-18-313, and 2-18-315 supersede any other plan or systems established through collective bargaining after the adjournment of the 55th legislature.

     (4)  Pay levels provided for in 2-18-312, 2-18-313, and 2-18-315 may not be increased through collective bargaining after adjournment of the 55th legislature.

     (5)  Total funds required to implement the pay schedules provided for in 2-18-312, 2-18-313, and 2-18-315 for any employee group or bargaining unit may not be increased through collective bargaining over the amount appropriated by the 55th legislature.

     (6)  The department shall administer the pay program established by the legislature on the basis of merit, internal equity, and competitiveness to external labor markets when fiscally able.

     (7)(4)  The department may promulgate rules not inconsistent with the provisions of this part, collective bargaining statutes, or negotiated contracts to carry out the purposes of this part."



     Section 2.  Section 2-18-303, MCA, is amended to read:

     "2-18-303.  Procedures for using pay schedules. (1) The pay schedules provided in 2-18-312 must be implemented as follows:

     (a)  The pay schedules provided in 2-18-312 indicate the entry salary and market salary for each grade for positions classified under the provisions of part 2 of this chapter.

     (b)  Each employee newly hired by the state of Montana must be hired at the entry rate, except as provided in subsections (7) and (8).

     (c)  On the first day of the first complete pay period in fiscal year 1998, each employee is entitled to the amount of the employee's base salary as it was on June 30, 1997.

     (d)  (i) Effective on the first day of the pay period that includes an employee's anniversary date during the fiscal years ending June 30, 1998, and June 30, 1999, an employee's market ratio must be compared to the target market ratio in the matrix that corresponds to the employee's grade level and completed years of uninterrupted state service. For employees hired on or before September 30, 1994, the anniversary date is October 1.

     (ii) The matrix for the target market ratios is as follows:

TARGET MARKET RATIOS

Grade Years 

0 1 2 3 4 5 6 7 8 9 10

4 0.844 0.874 0.904 0.935 0.967 0.999 1.000 1.000 1.000 1.000 1.000

5 0.842 0.871 0.900 0.930 0.961 0.992 1.000 1.000 1.000 1.000 1.000

6 0.840 0.868 0.896 0.925 0.955 0.985 1.000 1.000 1.000 1.000 1.000

7 0.838 0.865 0.892 0.920 0.949 0.978 1.000 1.000 1.000 1.000 1.000

8 0.836 0.862 0.889 0.916 0.944 0.972 1.000 1.000 1.000 1.000 1.000

9 0.834 0.859 0.885 0.911 0.938 0.965 0.993 1.000 1.000 1.000 1.000

10 0.832 0.857 0.882 0.908 0.934 0.961 0.988 1.000 1.000 1.000 1.000

11 0.830 0.854 0.878 0.903 0.928 0.954 0.980 1.000 1.000 1.000 1.000

12 0.828 0.851 0.875 0.899 0.924 0.949 0.975 1.000 1.000 1.000 1.000

13 0.826 0.849 0.872 0.896 0.920 0.945 0.970 0.996 1.000 1.000 1.000

14 0.824 0.846 0.869 0.892 0.915 0.939 0.963 0.988 1.000 1.000 1.000

15 0.822 0.844 0.866 0.888 0.911 0.934 0.958 0.982 1.000 1.000 1.000

16 0.820 0.841 0.863 0.885 0.907 0.930 0.953 0.977 1.000 1.000 1.000

17 0.818 0.839 0.860 0.882 0.904 0.926 0.949 0.972 0.996 1.000 1.000

18 0.816 0.836 0.857 0.878 0.899 0.921 0.943 0.966 0.989 1.000 1.000

19 0.814 0.834 0.854 0.875 0.896 0.917 0.939 0.961 0.984 1.000 1.000

20 0.812 0.831 0.851 0.871 0.892 0.913 0.935 0.957 0.979 1.000 1.000

21 0.810 0.829 0.849 0.869 0.889 0.910 0.931 0.953 0.975 0.997 1.000

22 0.808 0.827 0.846 0.866 0.886 0.906 0.927 0.948 0.970 0.992 1.000

23 0.806 0.825 0.844 0.863 0.883 0.903 0.923 0.944 0.965 0.987 1.000

24 0.804 0.822 0.841 0.860 0.879 0.899 0.919 0.940 0.961 0.982 1.000

25 0.802 0.820 0.838 0.857 0.876 0.895 0.915 0.935 0.956 0.977 0.999

     (iii) On the first day of the pay period that includes an employee's anniversary date during the fiscal years ending June 30, 1998, and June 30, 1999, the employee's base salary must be increased to the greater of:

     (A)  the market salary for the employee's grade multiplied by the target ratio that corresponds to the employee's grade level and completed years of uninterrupted state service not to exceed 4%;

     (B)  if under subsection (1)(d)(iii)(A), progression from one target market ratio to the next exceeds 3%, then the employee's base salary increased by the amount of that progression plus 1%; or

     (C)  the employee's base salary as it was on the last day of the pay period immediately preceding the pay period that includes the employee's anniversary date, plus 1%.

     (e)  An employee's base salary may be no less than the entry salary for the employee's assigned grade.

     (f)  The maximum salary for each grade is determined by subtracting the entry salary from the market salary and adding that amount to the market salary.

     (2)  The pay schedules provided in 2-18-312 and the provisions of subsection (1) of this section do not apply to those teachers or blue-collar occupations compensated under the pay schedules provided in 2-18-313 and 2-18-315.

     (3)  The pay schedules provided in 2-18-313 and 2-18-315 must be implemented as follows:

     (a)  (i) The pay schedules provided for in 2-18-313 indicate the annual compensation for teachers employed under the authority of the department of corrections or the department of public health and human services for fiscal years 1998 2000 and 1999 2001.

     (ii) The compensation of each teacher on July 1, 1997, is the same as it was on June 30, 1997 The pay range of each teacher must be determined according to the number of graduate-level credits in the teacher's area of instruction that the teacher has earned in addition to either a bachelor's degree or a master's degree as specified in 2-18-313.

     (iii) The base salary of each teacher must be determined according to the appropriate step in the appropriate pay range. Each teacher's step progression must be as provided for in this subsection (3)(a)(iii). On the first day of the first pay period that includes October 1 of each fiscal year, a teacher employed under the authority of the department of public health and human services or the department of corrections before October 1, 1994, shall advance one step on in the appropriate pay range on the schedule adopted provided in 2-18-313. A, except that a teacher hired on or after October 1, 1994 1999, shall advance only on the teacher's actual anniversary date.

     (b)  (i) The pay schedules provided in 2-18-315 indicate the maximum hourly compensation for fiscal years ending June 30, 1998, and June 30, 1999, for employees in apprentice trades and crafts and other blue-collar occupations recognized in the state blue-collar classification plan who are members of units that have collectively bargained separate classification and pay plans.

     (ii) The compensation of each employee on the first day of the first pay period in each fiscal year is that amount corresponding to the grade occupied on the last day of the preceding fiscal year.

     (4)  (a) (i) A member of a bargaining unit may not receive a pay increase until the employer's collective bargaining representative receives written notice that the employee's bargaining unit has ratified a completely integrated collective bargaining agreement covering the biennium ending June 30, 1999.

     (ii) If ratification of a completely integrated collective bargaining agreement, as required by subsection (4)(a)(i), is not completed by July 1, 1997, retroactivity to that date may be negotiated.

     (iii) If ratification of a completely integrated collective bargaining agreement, as required by subsection (4)(a)(i), is not completed by July 1, 1997, members of the bargaining unit must continue to receive the compensation that they were receiving as of June 30, 1997, until an agreement is ratified.

     (b)  Methods of administration not inconsistent with the purpose of this part and necessary to properly implement the pay schedules and adjustments provided in 2-18-312, 2-18-313, 2-18-315, and this section may be provided for in collective bargaining agreements.

     (5)  The current wage or salary of an employee may not be reduced by the implementation of the pay schedules provided for in 2-18-312, 2-18-313, and 2-18-315.

     (6)  The department may authorize a separate pay schedule for medical doctors if the rates provided in 2-18-312 are not sufficient to attract and retain fully licensed and qualified physicians at the state institutions.

     (7)  The department may develop programs that enable the department to mitigate problems associated with difficult recruitment, retention, transfer, or other exceptional circumstances. To the extent that the program applies to employees within a collective bargaining unit, it is a negotiable subject under 39-31-305.

     (8)  The department shall review the competitiveness of the compensation provided to all occupations under this part. If the department finds that substantial problems exist with recruitment and retention because of inadequate salaries when compared to competing employers, the department may establish criteria allowing an adjustment in pay or classification to mitigate the problems. To the extent that these adjustments apply to employees within a collective bargaining unit, the implementation of these adjustments is a negotiable subject under 39-31-305."



     Section 3.  Section 2-18-313, MCA, is amended to read:

     "2-18-313.  Teachers' pay schedules. (1) The pay schedule for teachers for the period that includes October 1, 1997 1999, until the first day of the pay period that includes October 1, 1998 2000, is as follows:

Annual Hours -- 2080      Note: Does Not Include Insurance

Term -- Twelve Months      Matrix Type -- Annual

Education Level

STEP BA BA+1 BA+2 BA+3 MA MA+1

1 23,642 24,351 25,082 25,834 26,609 27,407

2 24,351 25,082 25,834 26,609 27,407 28,230

3 25,082 25,834 26,609 27,407 28,230 29,077

4 25,834 26,609 27,407 28,230 29,077 29,949

5 26,609 27,407 28,230 29,077 29,949 30,847

6 27,407 28,230 29,077 29,949 30,847 31,773

7 28,230 29,077 29,949 30,847 31,773 32,726

8 29,077 29,949 30,847 31,773 32,726 33,708

9 29,949 30,847 31,773 32,726 33,708 34,719

10 30,847 31,773 32,726 33,708 34,719 35,761

11 31,773 32,726 33,708 34,719 35,761 36,833

12 32,726 33,708 34,719 35,761 36,833 37,938



STEP BA BA+15 BA+30 BA+45 BA+60/ BA+75/

MA MA+15

1 24,708 25,449 26,213 26,999 27,809 27,572

2 25,449 26,213 26,999 27,809 28,643 29,503

3 26,213 26,999 27,809 28,643 29,503 30,388

4 26,999 27,809 28,643 29,503 30,388 31,299

5 27,809 28,643 29,503 30,388 31,299 32,238

6 28,643 29,503 30,388 31,299 32,238 33,206

7 29,503 30,388 31,299 32,238 33,206 34,202

8 30,388 31,299 32,238 33,206 34,202 35,228

9 31,299 32,238 33,206 34,202 35,228 36,284

10 32,238 33,206 34,202 35,228 36,284 37,373

11 33,206 34,202 35,228 36,284 37,373 38,494

12 34,202 35,228 36,284 37,373 38,494 39,649

13 35,228 36,284 37,373 38,494 39,649 40,839

     (2)  Effective on the first day of the pay period that includes October 1, 1998 2000, the pay schedule for teachers is as follows:

Annual Hours -- 2080      Note: Does Not Include Insurance

Term -- Twelve Months      Matrix Type -- Annual

Education Level

STEP BA BA+1 BA+2 BA+3 MA MA+1

1 23,642 24,351 25,082 25,834 26,609 27,407

2 24,351 25,082 25,834 26,609 27,407 28,230

3 25,082 25,834 26,609 27,407 28,230 29,077

4 25,834 26,609 27,407 28,230 29,077 29,949

5 26,609 27,407 28,230 29,077 29,949 30,847

6 27,407 28,230 29,077 29,949 30,847 31,773

7 28,230 29,077 29,949 30,847 31,773 32,726

8 29,077 29,949 30,847 31,773 32,726 33,708

9 29,949 30,847 31,773 32,726 33,708 34,719

10 30,847 31,773 32,726 33,708 34,719 35,761

11 31,773 32,726 33,708 34,719 35,761 36,833

12 32,726 33,708 34,719 35,761 36,833 37,938

13 33,708 34,719 35,761 36,833 37,938 39,077

STEP BA BA+15 BA+30 BA+45 BA+60/ BA+75/

MA MA+15

1 25,810 26,584 27,382 28,203 29,049 28,802

2 26,584 27,382 28,203 29,049 29,920 30,819

3 27,382 28,203 29,049 29,920 30,819 31,743

4 28,203 29,049 29,920 30,819 31,743 32,695

5 29,049 29,920 30,819 31,743 32,695 33,676

6 29,920 30,819 31,743 32,695 33,676 34,687

7 30,819 31,743 32,695 33,676 34,687 35,727

8 31,743 32,695 33,676 34,687 35,727 36,799

9 32,695 33,676 34,687 35,727 36,799 37,903

10 33,676 34,687 35,727 36,799 37,903 39,040

11 34,687 35,727 36,799 37,903 39,040 40,211

12 35,727 36,799 37,903 39,040 40,211 41,417

13 36,799 37,903 39,040 40,211 41,417 42,660"



NEW SECTION.  Section 4.  Effective date. [This act] is effective July 1, 1999.

- END -




Latest Version of HB 483 (HB0483.01)
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