As Reported by the Senate State and Local Government and Veterans Affairs Committee

128th General Assembly Regular Session 2009-2010

S. B. No. 20

Senator Carey 

Cosponsors: Senators Patton, Stewart, Hughes, Fedor, Turner, Grendell, Miller, R., Wagoner, Coughlin, Goodman 

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A BILL

To amend sections 9.44 and 124.181 of the Revised

1

Code to permit state employees to receive

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longevity and vacation credit for prior military

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service.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 9.44 and 124.181 of the Revised Code	5
be amended to read as follows:	6

Sec. 9.44.  (A) Except as otherwise provided in this section,	7
afor the purpose of computing the amount of an employee's	8
vacation leave:	9

(1) A person employed, other than as an elective officer, by	10
the state or any political subdivision of the state, earning	11
vacation credits currently, is entitled to have the employee's	12
prior service with any of these employers counted as service with	13
the state or any political subdivision of the state, for the	14
purpose of computing the amount of the employee's vacation leave.	15
The	16

(2) A person employed, other than as an elective officer, by	17
the state, earning vacation credits currently, is entitled to have	18
the employee's prior service as a member of the armed forces of	19
the United States or a reserve component thereof counted as	20
service with the state.	21

The anniversary date of employment for the purpose of	22
computing the amount of the employee's vacation leave, unless	23
deferred pursuant to the appropriate law, ordinance, or	24
regulation, is the anniversary date of such prior service.	25

(B) To determine prior service for the purpose of computing	26
the amount of vacation leave for a person initially employed on or	27
after July 5, 1987, by:	28

(1) A municipal corporation, the person shall have only prior	29
service within that municipal corporation counted;	30

(2) A township, the person shall have only prior service with	31
a township counted.	32

(C) An employee who has retired in accordance with the	33
provisions of any retirement plan offered by the state and who is	34
employed by the state or any political subdivision of the state on	35
or after June 24, 1987, shall not have prior service with the	36
state, any political subdivision of the state, or a regional	37
council of government established in accordance with Chapter 167.	38
of the Revised Code counted for the purpose of computing vacation	39
leave.	40

Sec. 124.181.  (A) Except as provided in division (M) of this	41
section, any employee paid in accordance with schedule B of	42
section 124.15 or schedule E-1 or schedule E-1 for step seven only	43
of section 124.152 of the Revised Code is eligible for the pay	44
supplements provided in this section upon application by the	45
appointing authority substantiating the employee's qualifications	46
for the supplement and with the approval of the director of	47
administrative services except as provided in division (E) of this	48
section.	49

(B)(1) Except as provided in section 124.183 of the Revised	50
Code, in computing any of the pay supplements provided in this	51
section for an employee paid in accordance with schedule B of	52
section 124.15 of the Revised Code, the classification salary base	53
shall be the minimum hourly rate of the pay range, provided in	54
that section, in which the employee is assigned at the time of	55
computation.	56

(2) Except as provided in section 124.183 of the Revised	57
Code, in computing any of the pay supplements provided in this	58
section for an employee paid in accordance with schedule E-1 of	59
section 124.152 of the Revised Code, the classification salary	60
base shall be the minimum hourly rate of the pay range, provided	61
in that section, in which the employee is assigned at the time of	62
computation.	63

(3) Except as provided in section 124.183 of the Revised	64
Code, in computing any of the pay supplements provided in this	65
section for an employee paid in accordance with schedule E-1 for	66
step seven only of section 124.152 of the Revised Code, the	67
classification salary base shall be the minimum hourly rate in the	68
corresponding pay range, provided in schedule E-1 of that section,	69
to which the employee is assigned at the time of the computation.	70

(C) The effective date of any pay supplement, except as	71
provided in section 124.183 of the Revised Code or unless	72
otherwise provided in this section, shall be determined by the	73
director.	74

(D) The director shall, by rule, establish standards	75
regarding the administration of this section.	76

(E)(1) Except as otherwise provided in this division,	77
beginning on the first day of the pay period within which the	78
employee completes five years of total service with the state	79
government or any of its political subdivisions, each employee in	80
positions paid in accordance with schedule B of section 124.15 of	81
the Revised Code or in accordance with schedule E-1 or schedule	82
E-1 for step seven only of section 124.152 of the Revised Code	83
shall receive an automatic salary adjustment equivalent to two and	84
one-half per cent of the classification salary base, to the	85
nearest whole cent. Each employee shall receive thereafter an	86
annual adjustment equivalent to one-half of one per cent of the	87
employee's classification salary base, to the nearest whole cent,	88
for each additional year of qualified employment until a maximum	89
of ten per cent of the employee's classification salary base is	90
reached. The granting of longevity adjustments shall not be	91
affected by promotion, demotion, or other changes in	92
classification held by the employee, nor by any change in pay	93
range for the employee's class or grade. Longevity pay adjustments	94
shall become effective at the beginning of the pay period within	95
which the employee completes the necessary length of service,	96
except that when an employee requests credit for prior service,	97
the effective date of the prior service credit and of any	98
longevity adjustment shall be the first day of the pay period	99
following approval of the credit by the director of administrative	100
services. No employee, other than an employee who submits proof of	101
prior service within ninety days after the date of the employee's	102
hiring, shall receive any longevity adjustment for the period	103
prior to the director's approval of a prior service credit. Time	104
spent on authorized leave of absence shall be counted for this	105
purpose.	106

(2) An employee who has retired in accordance with the	107
provisions of any retirement system offered by the state and who	108
is employed by the state or any political subdivision of the state	109
on or after June 24, 1987, shall not have prior service with the	110
state or any political subdivision of the state counted for the	111
purpose of determining the amount of the salary adjustment	112
provided under this division.	113

(3) There shall be a moratorium on employees' receipt under	114
this division of credit for service with the state government or	115
any of its political subdivisions during the period from July 1,	116
2003, through June 30, 2005. In calculating the number of years of	117
total service under this division, no credit shall be included for	118
service during the moratorium. The moratorium shall apply to the	119
employees of the secretary of state, the auditor of state, the	120
treasurer of state, and the attorney general, who are subject to	121
this section unless the secretary of state, the auditor of state,	122
the treasurer of state, or the attorney general decides to exempt	123
the office's employees from the moratorium and so notifies the	124
director of administrative services in writing on or before July	125
1, 2003.	126

If an employee is exempt from the moratorium, receives credit	127
for a period of service during the moratorium, and takes a	128
position with another entity in the state government or any of its	129
political subdivisions, either during or after the moratorium, and	130
if that entity's employees are or were subject to the moratorium,	131
the employee shall continue to retain the credit. However, if the	132
moratorium is in effect upon the taking of the new position, the	133
employee shall cease receiving additional credit as long as the	134
employee is in the position, until the moratorium expires.	135

(4) A state employee may have prior service as a member of	136
the armed forces of the United States or a reserve component	137
thereof counted for the purpose of determining the amount of the	138
salary adjustment provided under this division.	139

(F) When an exceptional condition exists that creates a	140
temporary or a permanent hazard for one or more positions in a	141
class paid in accordance with schedule B of section 124.15 of the	142
Revised Code or in accordance with schedule E-1 or schedule E-1	143
for step seven only of section 124.152 of the Revised Code, a	144
special hazard salary adjustment may be granted for the time the	145
employee is subjected to the hazardous condition. All special	146
hazard conditions shall be identified for each position and	147
incidence from information submitted to the director on an	148
appropriate form provided by the director and categorized into	149
standard conditions of: some unusual hazard not common to the	150
class; considerable unusual hazard not common to the class; and	151
exceptional hazard not common to the class.	152

(1) A hazardous salary adjustment of five per cent of the	153
employee's classification salary base may be applied in the case	154
of some unusual hazardous condition not common to the class for	155
those hours worked, or a fraction of those hours worked, while the	156
employee was subject to the unusual hazard condition.	157

(2) A hazardous salary adjustment of seven and one-half per	158
cent of the employee's classification salary base may be applied	159
in the case of some considerable hazardous condition not common to	160
the class for those hours worked, or a fraction of those hours	161
worked, while the employee was subject to the considerable hazard	162
condition.	163

(3) A hazardous salary adjustment of ten per cent of the	164
employee's classification salary base may be applied in the case	165
of some exceptional hazardous condition not common to the class	166
for those hours worked, or a fraction of those hours worked, when	167
the employee was subject to the exceptional hazard condition.	168

(4) Each claim for temporary hazard pay shall be submitted as	169
a separate payment and shall be subject to an administrative audit	170
by the director as to the extent and duration of the employee's	171
exposure to the hazardous condition.	172

(G) When a full-time employee whose salary or wage is paid	173
directly by warrant of the director of budget and management and	174
who also is eligible for overtime under the "Fair Labor Standards	175
Act of 1938," 52 Stat. 1060, 29 U.S.C.A. 207, 213, as amended, is	176
ordered by the appointing authority to report back to work after	177
termination of the employee's regular work schedule and the	178
employee reports, the employee shall be paid for such time. The	179
employee shall be entitled to four hours at the employee's total	180
rate of pay or overtime compensation for the actual hours worked,	181
whichever is greater. This division does not apply to work that is	182
a continuation of or immediately preceding an employee's regular	183
work schedule.	184

(H) When a certain position or positions paid in accordance	185
with schedule B of section 124.15 of the Revised Code or in	186
accordance with schedule E-1 or schedule E-1 for step seven only	187
of section 124.152 of the Revised Code require the ability to	188
speak or write a language other than English, a special pay	189
supplement may be granted to attract bilingual individuals, to	190
encourage present employees to become proficient in other	191
languages, or to retain qualified bilingual employees. The	192
bilingual pay supplement provided in this division may be granted	193
in the amount of five per cent of the employee's classification	194
salary base for each required foreign language and shall remain in	195
effect as long as the bilingual requirement exists.	196

(I) The director of administrative services may establish a	197
shift differential for employees. The differential shall be paid	198
to employees in positions working in other than the regular or	199
first shift. In those divisions or agencies where only one shift	200
prevails, no shift differential shall be paid regardless of the	201
hours of the day that are worked. The director and the appointing	202
authority shall designate which positions shall be covered by this	203
division.	204

(J) Whenever an employee is assigned to work in a higher	205
level position for a continuous period of more than two weeks but	206
no more than two years because of a vacancy, the employee's pay	207
may be established at a rate that is approximately four per cent	208
above the employee's current base rate for the period the employee	209
occupies the position, provided that this temporary occupancy is	210
approved by the director. Employees paid under this division shall	211
continue to receive any of the pay supplements due them under	212
other divisions of this section based on the step one base rate	213
for their normal classification.	214

(K) If a certain position, or positions, within a class paid	215
in accordance with schedule B of section 124.15 of the Revised	216
Code or in accordance with schedule E-1 or schedule E-1 for step	217
seven only of section 124.152 of the Revised Code are mandated by	218
state or federal law or regulation or other regulatory agency or	219
other certification authority to have special technical	220
certification, registration, or licensing to perform the functions	221
which are under the mandate, a special professional achievement	222
pay supplement may be granted. This special professional	223
achievement pay supplement shall not be granted when all	224
incumbents in all positions in a class require a license as	225
provided in the classification description published by the	226
department of administrative services; to licensees where no	227
special or extensive training is required; when certification is	228
granted upon completion of a stipulated term of in-service	229
training; when an appointing authority has required certification;	230
or any other condition prescribed by the director.	231

(1) Before this supplement may be applied, evidence as to the	232
requirement must be provided by the agency for each position	233
involved, and certification must be received from the director as	234
to the director's concurrence for each of the positions so	235
affected.	236

(2) The professional achievement pay supplement provided in	237
this division shall be granted in an amount up to ten per cent of	238
the employee's classification salary base and shall remain in	239
effect as long as the mandate exists.	240

(L) Those employees assigned to teaching supervisory,	241
principal, assistant principal, or superintendent positions who	242
have attained a higher educational level than a basic bachelor's	243
degree may receive an educational pay supplement to remain in	244
effect as long as the employee's assignment and classification	245
remain the same.	246

(1) An educational pay supplement of two and one-half per	247
cent of the employee's classification salary base may be applied	248
upon the achievement of a bachelor's degree plus twenty quarter	249
hours of postgraduate work.	250

(2) An educational pay supplement of an additional five per	251
cent of the employee's classification salary base may be applied	252
upon achievement of a master's degree.	253

(3) An educational pay supplement of an additional two and	254
one-half per cent of the employee's classification salary base may	255
be applied upon achievement of a master's degree plus thirty	256
quarter hours of postgraduate work.	257

(4) An educational pay supplement of five per cent of the	258
employee's classification salary base may be applied when the	259
employee is performing as a master teacher.	260

(5) An educational pay supplement of five per cent of the	261
employee's classification salary base may be applied when the	262
employee is performing as a special education teacher.	263

(6) Those employees in teaching supervisory, principal,	264
assistant principal, or superintendent positions who are	265
responsible for specific extracurricular activity programs shall	266
receive overtime pay for those hours worked in excess of their	267
normal schedule, at their straight time hourly rate up to a	268
maximum of five per cent of their regular base salary in any	269
calendar year.	270

(M)(1) A state agency, board, or commission may establish a	271
supplementary compensation schedule for those licensed physicians	272
employed by the agency, board, or commission in positions	273
requiring a licensed physician. The supplementary compensation	274
schedule, together with the compensation otherwise authorized by	275
this chapter, shall provide for the total compensation for these	276
employees to range appropriately, but not necessarily uniformly,	277
for each classification title requiring a licensed physician, in	278
accordance with a schedule approved by the state controlling	279
board. The individual salary levels recommended for each such	280
physician employed shall be approved by the director.	281
Notwithstanding section 124.11 of the Revised Code, such personnel	282
are in the unclassified civil service.	283

(2) The director of administrative services may approve	284
supplementary compensation for the director of health, if the	285
director is a licensed physician, in accordance with a	286
supplementary compensation schedule approved under division (M)(1)	287
of this section or in accordance with another supplementary	288
compensation schedule the director of administrative services	289
considers appropriate. The supplementary compensation shall not	290
exceed twenty per cent of the director of health's base rate of	291
pay.	292

(N) Notwithstanding sections 117.28, 117.30, 117.33, 117.36,	293
117.42, and 131.02 of the Revised Code, the state shall not	294
institute any civil action to recover and shall not seek	295
reimbursement for overpayments made in violation of division (E)	296
of this section or division (C) of section 9.44 of the Revised	297
Code for the period starting after June 24, 1987, and ending on	298
October 31, 1993.	299

(O) Employees of the office of the treasurer of state who are	300
exempt from collective bargaining coverage may be granted a merit	301
pay supplement of up to one and one-half per cent of their step	302
rate. The rate at which this supplement is granted shall be based	303
on performance standards established by the treasurer of state.	304
Any supplements granted under this division shall be administered	305
on an annual basis.	306

Section 2. That existing sections 9.44 and 124.181 of the	307
Revised Code are hereby repealed.	308