Authority: Discretionary Inclusion.

A. Transfers from this Item may be made to supplement general fund appropriations to state agencies for:

1. Adjustments to base rates of pay;

2. Adjustments to rates of pay for budgeted overtime of salaried employees;

3. Salary increases for positions with salaries listed elsewhere in this act;

4. Salary increases for locally elected constitutional officers and their employees;

5. In-band salary adjustments for employees subject to the Virginia Personnel Act to recognize changes in duties or professional skill development, establish internal alignment (equitable salary relationships), or respond to labor market conditions (retention).

6. Employer costs of employee benefit programs when required by salary-based pay adjustments; and

7. Salary increases for local employees supported by the Commonwealth, other than those funded through appropriations to the Department of Education.

This appropriation provides for the compensation adjustments described in paragraph C of this Item, subject to conditions stated in this Item.

B. Transfers from this Item may be made when appropriations to the state agencies concerned are insufficient for the purposes stated in paragraph A of this Item, as determined by the Department of Planning and Budget, and subject to guidelines prescribed by the department. Further, the Department of Planning and Budget may transfer appropriations within this Item from the second year of the biennium to the first year, when necessary to accomplish the purposes stated in paragraph A of this Item.

C.1.a. This appropriation includes $22,975,606 the first year and $42,416,502 the second year for employees set out in subparagraphs 2 a through 2 d of this paragraph.

b.1. The base salary of employees set out in subparagraph 2 a 1 of this paragraph who receive a contributor rating or an extraordinary contributor rating in their most recent annual performance evaluation shall be increased on average by 2.0 percent on November 25, 2002. The base salary adjustment for an employee rated as a contributor will be no less than 1.6 percent and no more than the 2.0 percent average increase. The increase for an employee rated extraordinary contributor shall be no less than the average increase of 2.0 percent and no more than 5.0 percent.

2. The average performance increase in any agency or institution for employees set out in subparagraph 2 a 1 of this paragraph shall be limited to the average 2.0 percent increase referenced in Subparagraph b.1 preceding.

3. Further rules and regulations for the performance-based salary increases set out in subparagraphs 1 b 1 and 1 b 2 of this paragraph shall be developed by the Department of Human Resource Management in conjunction with the Department of Planning and Budget.

c. The base salary of employees set out in subparagraphs 2 a 2 through 2 d of this paragraph shall be increased by 2.0 percent on November 25, 2002.

d.1. This appropriation includes $7,773,084 the first year and $13,325,287 the second year for fiscal year 2003 salary adjustments for employees set out in subparagraph 2 e of this paragraph

2. The base salary of employees set out in subparagraph 2 e of this paragraph shall be increased by 2.0 percent on December 1, 2002.

2. Transfers from this Item shall be used to effect this increase and related increases in employee benefits for:

a. Executive Department

1. Full-time employees of the Executive Department subject to the Virginia Personnel Act;

2. Full-time employees of the Executive Department not subject to the Virginia Personnel Act, except faculty at the institutions of higher education and officials elected by popular vote;

3. Any official whose salary is listed in § 4-6.01 c and d of this act, subject to the ranges specified in the agency head salary levels in § 4-6.01 c; and

4. Full-time professional staff of the Governor's Office, the Lieutenant Governor's Office, the Attorney General's Office, Cabinet Secretaries Offices, including the Deputy Secretaries, the Virginia Liaison Office, and the Secretary of the Commonwealth's Office.

b. Legislative Department

1. Heads of agencies in the Legislative Department;

2. Full-time employees in the Legislative Department, other than officials elected by popular vote; and

3. Secretaries and administrative assistants as provided for in Item 1, of this act.

c. Judicial Department

1. Judges and Justices in the Judicial Department;

2. Heads of agencies in the Judicial Department; and,

3. Full-time employees in the Judicial Department.

d. Independent Agencies

1. Commissioners of the State Corporation Commission and the Virginia Workers' Compensation Commission, the Executive Director of the Virginia College Savings Plan, and the Directors of the State Lottery Department and the Virginia Retirement System;

2. Full-time employees of the State Corporation Commission, the Virginia College Savings Plan, the State Lottery Department, and the Virginia Retirement System.

e. State-Supported Local Employees

1. Locally elected constitutional officers;

2. General Registrars and members of local electoral boards;

3. Full-time employees of locally elected constitutional officers;

4. Full-time local Social Services employees;

5. Full-time employees of Community Service Boards

6. Full-time local employees of Centers for Independent Living

7. Full-time employees of the Arlington, Richmond, and Fairfax Health Departments; and,

8. Full-time local Juvenile Justice employees.

3.a. Salary increases for employees listed in subparagraphs C 2 a 2 through C 2 a 4 and subparagraphs C 2 c through C 2 d shall be consistent with the provisions of this paragraph, as determined by the appointing or governing authority. The appointing or governing authority shall certify that employees receiving the awards are performing at levels at least comparable to the eligible employees as set out in subparagraphs C 1 b 1 and C 1 b 2.

D. The Department of Human Resource Mangement shall increase the minimum and maximum salary for each band within the Commonwealth's Classified Compensation Plan by 1.5 percent on November 25, 2002. No salary increase shall be granted to any employee as a result of this action. Movement through the revised pay grades shall be based on employee performance.

E. The agency heads listed in this paragraph may, at their discretion, utilize the funds provided pursuant to paragraph C of this Item, to implement the provisions of existing pay plans.

1. The heads of agencies in the Legislative and Judicial Departments;

2. The Commissioners of the State Corporation Commission and the Virginia Workers' Compensation Commission;

3. The Attorney General;

4. The Director of the Virginia Retirement System;

5. The Director of the State Lottery Department;

6. The Director of the University of Virginia Medical Center;

7. The Executive Director of the Virginia College Savings Plan; and

8. The Executive Director of the Virginia Port Authority.

F. The base rates of pay, and related employee benefits, for wage employees may be increased by up to 2.0 percent on November 25, 2002. The cost of such increases for wage employees shall be borne by funds appropriated to each agency.

G.1. Agencies supported in whole or in part by nongeneral funds shall pay the proportionate share of costs, from nongeneral fund revenues, of wages, salaries, and employee benefits as stated in this Item, subject to rules and regulations prescribed by the Governing Authority.

2. Such nongeneral fund revenues and balances are hereby appropriated for this purpose, including those nongeneral fund revenues available to the colleges and universities, subject to the provisions of § 4-2.01 b, of this act.

3. Costs associated with the increases authorized in paragraph C of this Item, for employees of Educational and General Programs at the institutions of higher education shall be borne by the general fund.

H. Institutions of higher education shall utilize funds provided in their appropriations for faculty salary increases based on merit.

I.1. The Department of Human Resource Management may approve pilot compensation programs within agencies that support the redesigned classified compensation plan. Such pilot programs approved by the Department shall have clearly defined objectives, specified time frames, and shall be restricted to no more than two years. Such pilot programs shall be funded from existing agency appropriations or from funds provided for increases specified in paragraph C of this Item, or a combination of both. A report on such pilot programs shall be made to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees by October 1, 2003. The Secretary of Administration shall approve any change in compensation plans based on pilot programs, prior to their implementation.

2. Any pilot programs or alternative pay plans authorized under the provisions of this paragraph, shall provide for average annual salary increases that are no greater than those authorized in this Item for general, classified state employees.