An employee who has a red-circle rate remains above the maximum of the range until the range catches up with the employee’s pay and the employee is no longer above the maximum. Eligibility for a red circle rate is lost upon separation from state service or demotion. Pay is frozen at a red circle rate when: (a) The employee’s job is assigned to a pay grade with a lower maximum. (b) The employee’s position is reallocated or job corrected to a job that is assigned to a pay grade with a lower maximum. (c) An adjustment to the pay structure results in a lower maximum for an employee’s job. (d) An employee’s position is declared to be in the classified service through an acquisition, merger or consolidation under Chapter 24 rules, and the employee’s pay falls above the maximum of the range for the grade of the job into which allocated. A red circle rate that is given as a result of acquisition, merger, or consolidation which falls under Chapter 24 rules, and is greater than 28 percent above the range maximum, is reduced after two years (g) An appointing authority may request authority from the Commission to reinstate red circle rates (except when they occur as a result of an acquisition, merger or consolidation in accordance with Chapter 24 rules), awarded for two years which have expired when the employee’s pay continues to be lower than the previously authorized red circle rate. Any approval granted shall be prospective from the date of Commission action. Eligibility for reinstatement is lost upon separation from state service or demotion. (h) This rule means red circle rates which were in effect on June 8, 1994, (the date this rule was amended to provide for a continuous red circle rate) are extended to be continuous red circle rates until the range catches up for as long as that takes. SCS RULE 6.16 SPECIAL PAY PROVISIONS Under conditions described below, the SCS Commission may authorize special pay considerations, beyond those already prescribed in these rules. (a) Premium Pay This rule provides options for an appointing authority to consider premium pay to address a number of issues, such as recruiting, retention, hazardous duty, the application of educational and/or training credentials, and unusual working conditions such as difficult work environments, location, or market pay conditions. Premium pay is not generally included in retirement calculations, but that depends on the retirement system of which the employee is a member. Premium pay is not incorporated in base pay. 13 Compensation Administration Guide to a figure not more than 28 percent above the employee’s current maximum. This reduction is not eligible for reinstatement as discussed in SCS Rule 6.15(g). (e) An employee’s pay exceeds the maximum of an approved market grade. (f) Repealed effective April 2, 2014.
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