YSC, Title 8.  Public Officers & Employment
 
 
 
Chapter 2:  Public Service Salary

201.  Short title.
202.  Statement of purpose.
203.  Definitions.
204.  Applicability.
205.  Base Salary Schedule.
206.  Compensation of employees who are citizens of the Trust Territory.
207.  Compensation of employees who are citizens of the United States.
208.  Compensation of employees who are third country nationals.
209.  Entrance salary rate of employees.
210.  Existing employment contracts.

     201.  Short title.
     This chapter is known and may be cited as the "State Public Service Salary Act of 1979".

Source:  YSL 1-28 1, modified.

Cross-reference:  The statutory provisions on the State Public Service System are found in chapter 1 of this title.

     202.  Statement of purpose.
     It is the defined purpose of the Legislature, in establishing a salary plan, to provide a single uniform base salary schedule from which shall be derived the base salary to be paid all employees of the State Government in positions not specifically exempted by section 141 of the State Public Service System Act, regardless of their nationality or form of employment. The Legislature recognizes that, so long as the State Government employs expatriate personnel, certain premiums must be provided in addition to base salary in order to attract and retain such personnel; therefore, it is the further purpose of the Legislature to establish reasonable standards and limitations for determining such premiums.

Source:  YSL 1-28 2, modified.

Cross-reference:  Section 141 of chapter 1 of this title is on exemptions from the State Public Service System.

     203.  Definitions.
     Except as otherwise provided in this section, or unless the context clearly requires otherwise, terms used in this act shall have the meaning ascribed in section 103 of the State Public Service System Act.

     (a)  "Marketplace premium" means a premium based on the difference between the base salary for a given position and the prevailing pay rates for equivalent positions in labor markets outside the Trust Territory.

     (b)  "Prime contract" means an appointment to a full-time permanent position which requires the services of a noncitizen of the Trust Territory recruited and hired outside the Trust Territory, under a contract of not more than two years' duration.  Only one member of an immediate family may be appointed under a prime contract.

     (c)  "Promotion" means movement of an employee to a position of greater difficulty and responsibility, compensated at a higher pay level, than his current position, but in the same series of classes of clearly forming part of the same career ladder as his current position.

     (d)  "Transfer" means movement of an employee from his current position to a different position in the same class as his current position, or in a class so closely related that similar or identical qualification standards apply to both positions, and compensated at the same pay level as his current position.

     (e)  "United States citizen" means, for the purpose of this chapter,  United States citizen eligible for a United States passport.  The enactment of this definition shall not impair the obligation of any existing contract with a person who was classified as a United States citizen by prior law but is not so classified by this chapter; however, no renewal of such contract may classify such person as a United States citizen unless he shall have become eligible for such classification by the time of renewal.

Source:  YSL 1-28 3, modified.

Cross-reference:  Section 103 of chapter 1 of this title is on definitions of the State Public Service System Act.

     204.  Applicability.
     This chapter shall be applicable to all employees and positions in the State Government now existing or hereafter established except those exempt from the State Public Service System by the provisions of section 141(a) of the State Public Service System Act, except insofar as other provisions of that chapter make this chapter specifically applicable.

Source:  YSL 1-28 4, modified.

Cross-reference:  Section 141 of chapter 1 of this title is on exemptions from the State Public Service System.

     205.  Base Salary Schedule.
     The Base Salary Schedule appearing in the following table is hereby adopted pursuant to the State Public Service System Act to provide the official biweekly base salary, based on a 40 hour regular workweek, which shall be paid to employees not specifically exempted by law, in accordance with the pay level assigned to their positions by the Chief of Personnel under section 124(a) of the State Public Service System Act, and their respective terms of service in the position.  The applicable amount set out below shall be paid to each employee who is in pay status for 80 hours in the biweekly pay period.  To determine the hourly rate for an employee who works fewer than 80 hours in the pay period or the hourly rate for overtime and applicable differentials, the applicable biweekly base salary shall be divided by eighty.  Such procedure shall be used only for those purposes, unless otherwise provided by law or regulation.

                    BASE SALARY SCHEDULE OF BIWEEKLY SALARY RATE
Pay Level
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Step 7
1
$64.00
$68.00
$72.00
$78.00
$80.80
$85.60
$90.40
2
$68.00
$72.00
76.00
80.80
85.60
90.40
96.00
3
72.00
76.00
80.80
85.60
90.40
96.00
101.60
4
76.00
80.80
85.60
90.40
96.00
101.60
108.00
5
80.80
85.60
90.40
96.00
101.60
108.00
114.00
6
85.60
90.40
96.00
101.60
108.00
114.40
121.60
7
90.40
96.00
101.60
108.00
114.40
121.60
128.80
8
96.00
101.60
108.00
114.40
121.60
128.00
136.80
9
101.60
108.00
114.40
121.60
128.80
136.80
144.80
10
108.00
114.40
121.60
128.80
136.80
144.80
153.60
11
114.40
121.60
128.80
136.80
144.80
153.60
163.20
12
121.60
128.80
136.80
144.80
153.60
163.20
172.80
13
128.80
136.80
144.80
153.60
163.20
172.80
183.20
14
136.80
144.80
153.60
163.20
172.80
183.20
194.40
15
144.80
153.60
163.20
172.80
183.20
194040
206.40
16
153.60
163.20
172.80
183.20
194.40
206.40
218.40
17
163.20
172.80
183.20
194.40
206.40
218.40
231.20
18
172.80
183.20
194.40
206.40
218.40
231.20
244.80
     19                                          
183.20
194.40
206.40
218.40
231.20
244.80
259.20
20
194.40
206.40
  218.40
231.20
244.80
259.20
 274.40
21
206.40
218.40
231.20
244.80
259.20
274.40
291.20
22
218.40
231.20
244.80
259.20
274.40
291.20
308.80
23
231.20
244.80
259.20
274.40
291.20
308.80
327.20
24
244.80
259.20
274.40
291.20
308.80
327.20
347.20
25
259.20
274.40
291.20
308.80
327.20
347.20
368.00
26
274.40
291.20
308.80
327.20
347.20
368.00
390.40
27
291.20
308.80
327.20
347.20
368.00
390.40
413.60
28
308.80
327.20
347.20
368.00
390.40
413.60
438.40
29
327.20
347.20
368.00
390.40
413.60
438.40
464.80
30
347.20
368.00
390.40
413.60
438.40
464.80
492.80
31
368.00
390.40
413.60
438.40
464.80
492.80
522.40
32
390.40
413.60
438.40
464.80
492.80
522.40
587.20
33
413.60
438.40
464.80
492.80
522.40
587.20
553.60
34
438.40
464.80
492.80
522.40
587.40
553.60
622.40
35
464.80
492.80
522.40
587.40
553.60
622.40
660.00
36
492.80
522.40
587.40
553.60
622.40
660.00
700.00
37
522.40
587.40
553.60
622.40
660.00
700.00
742.40
38
587.40
553.60
622.40
660.00
700.00
742.40
787.20
39
553.60
622.40
660.00
700.00
742.40
787.20
834.40
40
622.40
660.00
700.00
742.40
787.20
834.40
884.40

           Source:  YSL 1-28 5.

          Cross-reference:  The statutory provisions of the State Public Service System Act are found in chapter 1 of this title.  Section 124 of chapter 1 of this title is on the Chief of Personnel.

     206.  Compensation of employees who are citizens of the Trust Territory.

     (a)  Except as otherwise hereinafter provided, employees who are citizens of the Trust Territory shall receive as compensation a base salary as provided in section 205 of this chapter.

     (b)  Notwithstanding the provisions of subsection (a) of this section, any employee covered under the provisions thereof who has achieved advanced professional status through obtaining an earned professional degree in law, an earned doctorate in any other field, or an earned degree in professional engineering awarded on completion of a four-year course, from an accredited United States university or any other college or university which is accredited by the competent authority in the jurisdiction where the college or university is located, and who is employed in a position having a requirement for such a degree, shall receive, in addition to the base salary for the position, the United States Marketplace Premium for the pay level and step of the position.

Source:  YSL 1-28 6, modified.

Cross-reference:  Section 205 of this chapter is the Base Salary Schedule.

     207.  Compensation of employees who are citizens of the United States.

     (a)  Employees who are citizens of the United States and who are recruited and hired under a prime contract shall receive the following compensation:

     (1)  A base salary as provided in section 205 of this chapter; and

     (2)  A Market Place Premium, which shall be at the rate established in a table prepared by the Chief of Personnel.

     (b)  Employees who are citizens of the United States and who are not covered by the provisions of subsection (a) of this section shall receive the same base salary, and shall be eligible for the same premiums, differentials and allowances, as employees who are citizens of the Trust Territory in like positions.

Source:  YSL 1-28 7, modified.

Cross-reference:  Section 205 of this chapter is the Base Salary Schedule.

     208.  Compensation of employees who are third country nationals.

     (a)  Employees who are citizens neither of the Trust Territory nor of the United States and who are recruited and hired under a prime contract in countries other than the Trust Territory or the United States shall receive the following compensation:

     (1)  A base salary as provided in section 205 of this chapter; and

     (2)  If prevailing rates of pay are substantially higher in the country of recruitment than in the State of Yap, a Market Place Premium which shall be determined by the Chief of Personnel, on the basis of the difference, insofar as it can best be estimated, between the prevailing rates in the State of Yap and in the country of recruitment.  In no case shall such Market Place Premium exceed the United States Market Place Premium for the same pay level and step.

     (b)  Employees who are citizens neither of the Trust Territory nor of the United States and who are not covered by the provisions of subsection (a) of this section or who have achieved the advanced professional status of subsection (b) of section 206 of this chapter shall receive the same base salary, and shall be eligible for the same premiums, differentials and allowances, as employees who are citizens of the Trust Territory in like positions.

Source:  YSL 1-28 8, modified.

Cross-reference:  Section 205 of this chapter is the Base Salary Schedule.  Section 206 of this chapter is on compensation for employees who are citizens of the Trust Territory.

     209.  Entrance salary rate of employees.

     (a)  The initial base salary rate of a new employee shall be at Step 1 of the pay level for the class of his position unless the Chief of Personnel determines that a higher rate is needed for recruitment and that such higher rate is appropriate to the qualifications of the applicant; provided, that in no case shall such rate be higher than Step 4 of the pay level for the class of the position.

     (b)  An employee who receives a promotion within the State Public Service shall have the base salary increased to the step in the pay level for the new position which is next higher than the step at which his current salary is fixed, unless his current salary is higher than Step 7 of the said pay level, in which case his salary shall remain unchanged; and his time in grade shall continue to be counted as if the promotion had not taken place.

     (c)  An employee who receives a transfer within the State Public Service shall continue to be paid at the same pay level and step as before the transfer, and his time in grade shall continue to be counted as if the transfer had not taken place.

     (d)  An employee who receives a promotion or transfer from the Trust Territory Public Service to the State Public Service System shall be entitled to a salary, within the pay level for the new position which the Chief of Personnel finds to be appropriate in view of the employee's qualifications and his salary in the Trust Territory Public Service.  In no case shall the new salary be higher than Step 7 of the pay level for the class of the position.

Source:  YSL 1-28 9.

Cross-reference:  The Base Salary Schedule setting forth the step levels is found in section 205 of this chapter.

     210.  Existing employment contracts.
     The provisions of this chapter shall not impair, change, increase or decrease the obligations of any existing employment contract to which the State Government is or becomes a party.  Every position to be filled after the effective date of this chapter by initial contractual appointment or renewal shall provide for compensation as specified in the provisions of this chapter.

Source:  YSL 1-28 10, modified.

Commission Comment:  Pursuant to YSL 1-28 12, the effective date of this chapter is January 1, 1980.