| (B) Any hazardous duty pay that is included in the
compensation earned by a state employee during a particular month
must be paid in its entirety at the same time the compensation is
paid to the employee.
(2) Employees paid twice each month.
(A) This paragraph applies to a state employee only
if the employee is normally paid twice each month.
(B) Any hazardous duty pay that is included in the
compensation earned by a state employee during a particular month
must be paid in its entirety at the same time that the compensation
earned by the employee during the first half of the month is paid
to the employee.
(3) Employees paid once every two weeks.
(A) This paragraph applies to a state employee only
if the employee is normally paid once every two weeks.
(B) The hazardous duty pay that is included in the
compensation earned by a state employee during a particular month
must be paid in its entirety on the pay day that is closest to the
date that a monthly employee is paid the compensation earned by the
employee during that month.
(e) Lifetime service credit.
(1) Accrual. An individual accrues lifetime service
credit for the period the individual holds a hazardous duty position.
However, an individual who is on leave without pay for a full calendar
month does not accrue lifetime service credit for the month.
(2) Amount. The amount of an individual's lifetime
service credit at any particular time is equal to the number of months
that have elapsed since the individual's effective service date. A
month begins on the same day each month as the effective service date
and ends on the day before that day during the next month, regardless
of how many days are included in the month.
(3) Effective service date.
(A) An individual's "effective service date" is used
to determine the amount of the individual's lifetime service credit
for the purpose of hazardous duty pay.
(B) "Effective service date" is determined by completing
the following steps:
(i) adding together all days the individual was employed
in a hazardous duty position in all previous periods of employment
with the state;
(ii) counting backward from the first day of the individual's
current continuous employment with the state in a hazardous duty position
using the total number of days calculated in clause (i) of this subparagraph;
and
(iii) counting forward the number of months in which
the individual was on leave without pay for any full calendar month
during all periods of employment in a hazardous duty position using
the date calculated in clause (ii) of this subparagraph.
(C) An example of determining a state employee's effective
service date is as follows: The employee's first day of employment
at your agency is February 5, 2021. The employee was previously employed
in a hazardous duty position from October 8, 2011 to August 31, 2017,
or 2,155 days. During that employment, the employee had one period
of leave without pay from December 7, 2015 to February 2, 2016, for
a total of one full calendar month of leave without pay. To determine
the employee's effective service date, first count backwards 2,155
days from February 5, 2021 to arrive at March 15, 2015. Then count
forward one month (the number of months in which the individual was
on leave without pay for any full calendar month during all periods
of employment in a hazardous duty position) from March 15, 2015 to
arrive at April 15, 2015, which is the employee's effective service
date.
(D) An individual accrues one full day of credit for
any part of a day the individual is employed in a hazardous duty position.
(4) Transfers. For the purposes of paragraph (3) of
this subsection, an individual's transfer from one state agency to
another does not interrupt continuity of employment if no workdays
occur between the two employments.
(f) Exceptions for type 1 grandfathered employees.
(1) State service credit. For purposes of this subsection,
the amount of an individual's state service credit equals the sum
of:
(A) the amount of the individual's lifetime service
credit; and
(B) the number of months during the individual's lifetime
that the individual has provided services to the state in a position
that is not a hazardous duty position.
(2) Applicability of other subsections. Subsections
(a) - (e) of this section apply to a type 1 grandfathered employee
except as provided in this subsection.
(3) Amount for non-hourly employees.
(A) The amount of hazardous duty pay for a type 1 grandfathered
employee who is not hourly and who is not employed by TJJD is equal
to the sum of:
(i) $10 for each 12-month period of state service credit
the employee finished accruing before May 29, 1987; and
(ii) $10 for each 12-month period of lifetime service
credit that is accrued after the date, which must be before May 29,
1987, on which the employee finished accruing the last 12-month period
of state service credit.
(B) The amount of hazardous duty pay for a type 1 grandfathered
employee who is not hourly and who is employed by TJJD is equal to
the sum of:
(i) the dollar amount specified by TJJD under subsection
(c)(2) of this section for each 12-month period of state service credit
the employee finished accruing before May 29, 1987; and
(ii) the dollar amount specified by TJJD under subsection
(c)(2) of this section for each 12-month period of lifetime service
credit that is accrued after the date, which must be before May 29,
1987, on which the employee finished accruing the last 12-month period
of state service credit.
(4) Amount for hourly employees. The amount of hazardous
duty pay for an hourly type 1 grandfathered employee is equal to the
product of:
(A) the amount calculated under paragraph (3) of this
subsection; and
(B) a quotient:
(i) the numerator of which is equal to the number of
regular hours for the employee for that month, not to exceed the number
of standard hours for that month; and
(ii) the denominator of which is equal to the number
of standard hours for that month.
(5) Limitation. A type 1 grandfathered employee may
not receive more than $10 for each 12-month period of state service
credit or lifetime service credit, regardless of the number of positions
the employee holds or the number of hours the employee works each
week.
(g) Exceptions for type 2 grandfathered employees.
(1) Applicability of other subsections. Subsections
(a) - (e) of this section apply to a type 2 grandfathered employee
as if the employee were a state employee, except as provided in this
subsection.
(2) Entitlement for certain TPWD personnel. Hazardous
duty pay must be included in the compensation paid for services rendered
to the state during a month by an individual who:
(A) is not a state employee on the first workday of
that month;
(B) is one of the commissioned law enforcement personnel
of TPWD for any portion of the first workday of that month; and
(C) on May 29, 1987, was receiving or was entitled
to receive hazardous duty pay because the individual on that date
was one of the commissioned law enforcement personnel of TPWD.
(3) Entitlement for certain employees of TDCJ. Hazardous
duty pay must be included in the compensation paid for services rendered
to the state during a month by an individual who:
(A) is not a state employee on the first workday of
that month;
(B) holds any of the following positions with TDCJ
for any portion of the first workday of that month:
(i) correctional officer I through warden;
(ii) a position that requires the individual to work
on a unit and have routine direct contact with inmates, e.g., farm
manager, livestock supervisor, maintenance foreman, shop foreman,
medical assistant, food service supervisor, steward, education consultant,
commodity specialist, correctional counselor;
(iii) a position assigned to an administrative office
and requiring routine direct contact with inmates, e.g., investigator,
compliance monitor, an accountant routinely required to audit unit
operations, sociologist, interviewer, classification officer, supervising
counselor;
(iv) a position that requires the individual to respond
to emergency situations involving inmates, e.g., director, deputy
director, assistant director, administrative duty offices, except
that not more than 25 administrative duty officers may qualify under
this clause;
(v) a position that requires the individual to work
within the prison compound or have daily contact with inmates, except
that not more than 500 individuals may qualify under this clause;
or
Cont'd... |
