| (i) If a state employee has entered into a salary or
wage leveling agreement, a deduction authorized by this section must
be calculated so that the total membership fee paid by the employee
per year is spread evenly over the months the employee will be paid
under the agreement.
(ii) If a state employee has not entered into a salary
or wage leveling agreement, a deduction authorized by this section
must be calculated so that the total membership fee paid by the employee
per year is spread evenly over the months the employee will be paid.
(7) Retroactive deductions.
(A) In this paragraph, "retroactive deduction" means
a deduction authorized by this section to the extent the purpose of
the deduction is:
(i) to correct an error made in a previous month that
resulted in the amount of money deducted being less than the amount
authorized by a state employee; or
(ii) to catch up on the amount of membership fees owed
by a state employee to an eligible organization because a deduction
authorized by this section was not made in one or more previous months.
(B) A retroactive deduction is prohibited unless:
(i) an error described in subparagraph (A)(i) of this
paragraph was committed by the employer; and
(ii) the eligible organization that received the erroneous
deduction consents to the retroactive deduction.
(8) Interagency transfers of state employees. A state
employee who transfers from one state agency to a second state agency
must be treated by the second state agency as if the employee has
not yet authorized any deductions under this section.
(c) Effectiveness of authorization forms.
(1) Effective date of authorization forms.
(A) This subparagraph applies if a state agency receives
a state employee's properly completed authorization form on the first
calendar day of a month.
(i) The first deduction authorized by this section
must be made from the employee's salary or wages that are paid on
the first workday of the first month following the month in which
the agency receives the form.
(ii) If an authorization form is submitted to change
the amount of a deduction authorized by this section, the change is
effective with the deduction made on the first workday of the first
month following the month in which the agency receives the form.
(B) This subparagraph applies if a state agency receives
a state employee's properly completed authorization form after the
first calendar day of a month.
(i) The first deduction authorized by this section
must be made from the employee's salary or wages that are paid on
the first workday of the second month following the month in which
the agency receives the form. However, the agency may consent for
the first deduction to occur from the salary or wages that are paid
on the first workday of the first month following the month in which
the agency receives the form.
(ii) If an authorization form is submitted to change
the amount of a deduction authorized by this section, the change is
effective with the deduction made on the first workday of the second
month following the month in which the agency receives the form. However,
the agency may consent for the change to be effective with the deduction
made on the first workday of the first month following the month in
which the agency receives the form.
(C) If the first calendar day of a month is not a workday,
the first workday following the first calendar day is the deadline
for the receipt of properly completed authorization forms.
(D) A state employee is solely responsible for ensuring
that a properly completed authorization form is received by the employer
by the deadline.
(E) An eligible organization's receipt of the authorization
form is not a prerequisite to the authorization becoming effective.
(2) Return of authorization forms.
(A) A state agency shall return an authorization form
to the state employee who submitted the form if:
(i) the form is incomplete, contains erroneous data,
or is otherwise insufficient; and
(ii) a deficiency listed in clause (i) of this subparagraph
makes it impossible for the agency to establish the deduction in accordance
with the form.
(B) A state agency may either accept an authorization
form from or return an authorization form to the state employee who
submitted the form when the form postpones the first deduction authorized
by this section beyond the effective date determined under paragraph
(1) of this subsection. If the agency accepts the authorization form,
the agency may not make the deduction effective before the effective
date specified on the form.
(C) A state agency shall state in writing the reason
for the return of an authorization form. The statement must be attached
to the form being returned.
(d) Effectiveness of cancellation forms and cancellation
notices.
(1) Effective date of cancellation forms and cancellation
notices.
(A) This subparagraph applies if a state agency receives
a state employee's properly completed cancellation form or cancellation
notice on the first calendar day of a month. A state employee's cancellation
of a deduction authorized by this section is effective for the salary
or wages paid to the employee on the first workday of the first month
following the month in which the agency receives the cancellation
form or cancellation notice.
(B) This subparagraph applies if a state agency receives
a state employee's properly completed cancellation form or cancellation
notice after the first calendar day of a month. A state employee's
cancellation of a deduction authorized by this section is effective
for the salary or wages paid to the employee on the first workday
of the:
(i) second month following the month in which the agency
receives the cancellation form or cancellation notice; or
(ii) first month following the month in which the agency
receives the cancellation form or cancellation notice if the agency
consents to this effective date.
(C) If the first calendar day of a month is not a workday,
the first workday following the first calendar day is the deadline
for the receipt of properly completed cancellation forms or cancellation
notices.
(D) A state employee is solely responsible for ensuring
that properly completed cancellation forms and cancellation notices
are received by the deadline.
(E) An eligible organization's receipt of the cancellation
form or cancellation notice is not a prerequisite to the cancellation
becoming effective.
(2) Return of cancellation forms and cancellation notices.
(A) A state agency shall return a cancellation form
or cancellation notice to the state employee who submitted the form
or notice if:
(i) the form or notice is incomplete, contains erroneous
data, or is otherwise insufficient; and
(ii) a deficiency listed in clause (i) of this subparagraph
makes it impossible for the agency to cancel the deduction in accordance
with the form or notice.
(B) A state agency shall state in writing the reason
for the return of a cancellation form or cancellation notice. The
statement must be attached to the form being returned.
(e) Authorization and cancellation forms.
(1) The comptroller's approval of authorization and
cancellation forms.
(A) An eligible organization may not distribute or
provide an authorization or cancellation form to a state employee
until the organization has received the comptroller's written approval
of the form.
(B) As a condition for retaining its eligibility, an
eligible organization must produce an authorization form and a cancellation
form that comply with the comptroller's requirements and this section.
The organization must produce the forms within a reasonable time after
the organization receives its certification from the comptroller.
(C) The comptroller may approve an eligible organization's
authorization form if the form:
(i) clearly informs state employees that a properly
completed authorization form must be submitted to the employer's human
resource officer or payroll officer to authorize a deduction;
(ii) clearly informs state employees that a copy of
the properly completed authorization form should be provided to the
organization to notify the organization that the employee has authorized
a deduction;
Cont'd... |
