KSC, TITLE 18.  PUBLIC SERVICE SYSTEM
 

Chapter 6.  Compensation

Section 18.601.  Salary schedule.
Section 18.602.  Periodic review of plan.
Section 18.603.  Premiums.
Section 18.604.  Differentials.
Section 18.605.  Transfer allowance.
Section 18.606.  Performance increases.
Section 18.607.  Cost of living adjustment.

      Section 18.601.  Salary schedule.

      (1)  There shall be a single salary schedule for all employees and positions in the public service.  The Director shall assign each class of positions to an appropriate salary level of such schedule based on the position classification plan adopted by the Oversight Board.

     (2)  No salary schedule or change in any salary schedule for employees of the Kosrae State Public Service System, except those excluded by provisions under this Title, shall be effective unless it shall have been enacted into law by the Kosrae State Legislature.  

     (3)  The salary of each public service position is pursuant to lawful classification by step and pay level of the position and to the base salary schedule of biweekly salary rate appearing in the following table:

Steps
1
2
3
4
5
6
7
8
9
10
Levels
1
83.16
86.86
91.25
94.25
97.94
101.64
105.95
110.26
114.57
118.89
2
86.86
91.25
94.25
97.94
101.64
105.95
110.26
114.57
118.89
123.20
3
91.25
94.25
97.94
101.64
105.95
110.26
114.57
118.89
123.20
129.97
4
94.25
97.94
101.64
105.95
110.26
114.57
118.89
123.20
129.97
138.75
5
97.94
101.64
105.95
110.26
114.57
118.89
123.20
129.97
138.75
148.45
6
101.64
105.95
110.26
114.57
118.89
123.20
129.97
138.75
148.45
158.85
7
105.95
110.26
114.57
118.89
123.20
129.97
138.75
148.45
158.85
169.93
8
110.26
114.57
118.89
123.20
129.97
138.75
148.45
158.85
169.93
181.89
9
114.57
118.89
123.20
129.97
138.75
148.45
158.85
169.93
181.89
194.57
10
118.89
123.20
129.97
138.75
148.45
158.85
169.93
181.89
194.57
208.21
11
119.84
126.43
134.97
144.40
154.52
165.30
176.91
189.27
202.53
216.90
12
126.43
134.97
144.40
154.52
165.30
176.91
189.27
202.53
216.90
231.88
13
134.97
144.40
154.52
165.30
176.91
189.27
202.53
216.90
231.88
248.06
14
144.40
154.52
165.30
176.91
189.27
202.53
216.90
231.88
248.06
265.44
15
154.52
165.30
176.91
189.27
202.53
216.90
231.88
248.06
265.44
284.02
16
165.30
176.91
189.27
202.53
216.90
231.88
248.06
265.44
284.02
304.39
17
176.91
189.27
202.53
216.90
231.88
248.06
265.44
284.02
304.39
325.36
18
189.27
202.53
216.90
231.88
248.06
265.44
284.02
304.39
325.36
348.13
19
202.53
216.90
231.88
248.06
265.44
284.02
304.39
325.36
348.13
373.37
20
216.90
231.88
248.06
265.44
284.02
304.39
325.36
348.13
373.37
398.47
21
221.05
236.47
253.04
270.74
290.17
310.16
331.86
355.92
379.85
406.69
22
236.47
253.04
270.74
290.17
310.16
331.86
355.92
379.85
406.69
435.25
23
253.04
270.74
290.17
310.16
331.86
355.92
379.85
406.69
435.25
465.53
24
270.74
290.17
310.16
331.86
355.92
379.85
406.69
435.25
465.53
498.09
25
290.17
310.16
331.86
355.92
379.85
406.69
435.25
465.53
498.09
532.35
26
310.16
331.86
355.92
379.85
406.69
435.25
465.53
498.09
532.35
27
331.86
355.92
379.85
406.69
435.25
465.53
498.09
532.35
28
355.92
379.85
406.69
435.25
465.53
498.09
532.35
29
379.92
406.69
435.25
465.53
498.09
532.35
30
406.69
435.25
465.53
498.09
532.35

The salaries provided herein are based on fifty-six hours of work in a bi-weekly pay period.

Background
Amended by State Law 6-132.  Subsection (1) was amended by State Law 7-47.

      Section 18.602.  Periodic review of plan.
      The Oversight Board shall periodically conduct necessary and appropriate studies of rates of compensation and pay-related practices in all geographic areas from which employees for the public service are normally recruited and shall adopt such amendments to the existing compensation plan as the Oversight Board deems appropriate; provided that when the amendment includes changes in the salary schedule, the rates or nature of differentials or allowances, or other subjects covered in this Title or in other laws, the Oversight Board shall review the recommendations for transmittal to the Legislature for its consideration, and that such amendment shall become effective only after it has been enacted into law. In developing amendments, the Oversight Board shall give consideration to:

     (1)  the minimum standard of living which is compatible with decency and health;

     (2)  the general economic conditions of Kosrae State;

     (3)  compensation practices and conditions of appropriate labor markets;

     (4)  conditions of employment in the Kosrae State Public Service System;

     (5)  the financial resources estimated to be available to the State government; and

     (6)  such other matters as the Branch Heads may deem appropriate.

Background
Amended by State Law 7-47.

      Section 18.603.  Premiums.
      To recognize circumstances of employment which make it appropriate that recognition be given to labor market conditions outside of Micronesia, the following premiums are provided to public service employees.  When an employee is receiving a premium in addition to his base salary, the sum of his base salary plus premium shall constitute his adjusted base salary for the purpose of computing differentials:

     (1)  Market Premium.

     (a)  An employee who is recruited in a location outside Micronesia, who is a noncitizen of Micronesia, and at the time of original hire, a nonresident thereof, may be paid a premium based on labor market conditions in the place of recruitment and on the level of the base salary.

     (b)  A citizen receives the base salary in the salary schedule provided under Section 18.601.  If the employee is

     (i)  professionally licensed in his field, when applicable

     (ii)  has obtained an earned professional degree in law or medicine, an earned doctorate in any other field, or an earned degree in professional engineering awarded upon completion of a four-year course, from a college or university accredited by a competent authority in the jurisdiction where the college or university is located; and

     (iii)  is employed in a position having a requirement for such degree, the employee also receives thirty-five percent of the market place premium using the United States of America as the relevant labor market.

     (2)  Foreign Service Premium.  An employee who is a citizen of the FSM and who is assigned to a permanent duty station outside Micronesia may be paid a premium based on labor market conditions in the place of assignment and on the level of the base salary.

      Section 18.604.  Differentials.
      To compensate for unusual circumstances of employment which create hardships for public service employees, the following differentials are provided for them;  provided that in no case may an employee receive differentials under both subsections (1) and (2) of this Section:

     (1)  Night Work Differential.  An employee whose tour of duty includes regularly scheduled hours falling between 7:00 p.m. and 7:00 a.m. shall be paid a differential of fifteen percent (15%) of the adjusted base salary for all hours falling within that period.

     (2)  Hazardous Work Differential.  An employee whose position entails unusual and extreme hazards to his health or safety shall be paid a differential of twenty-five percent (25%) of the adjusted base salary for all hours in which hazardous work is performed.

     (3)  Overtime Differential.  An employee shall be paid overtime differential at the rate of time and one-half of his adjusted base salary for all time when he is directed to work and does work in excess of 8 hours in 1 day; or when he is directed to work and does work a day or days beyond 5 days in a work week; provided that he has first worked a 40 hour week straight time; and provided further, that overtime work performed on a holiday shall be subject to subsection (4) of this Section.

     (4)  Holiday Differential.  An employee who is required to work on a legal holiday shall be compensated at double his adjusted base salary for all such hours worked.

     (5)  Typhoon Emergency Differential.  Employees who are required to work in a location and a period in which a typhoon or other natural catastrophe has been declared by competent authority, and in which other government employees are released [from] work because of such conditions, shall be compensated for the hours worked which such emergency remains in force at the rate of two and one-half times the adjusted base salary.  The differential provided in this subsection shall not limit the employee's right to any other differential or allowance to which he may otherwise be entitled by law or regulations.

     (6)  Standby Differential.  An employee whose position requires him to remain in standby status or on call, subject to call at any time, for a regularly scheduled period of 8 or more hours in excess of a normal workweek, and who, in fact is frequently called during this period of scheduled standby, shall be entitled to a differential of twenty percent (20%) of the adjusted base salary.

Background
Subsections (3) and (6) amended by State Law 6-132.  Subsection (6) was further amended by State Law 7-47.

      Section 18.605.  Transfer allowance.
      To compensate employees for unusual expenses resulting from changes of work location, the following allowance is provided to public service employees:

     (1)  When an employee is recruited or transferred beyond normal commuting distance from his place of permanent residence for work elsewhere, he shall be entitled to all justifiable expenses connected with travel of himself and his immediate family to the new work location and transportation of a reasonable quantity of household effects.

     (2)  He shall be entitled to an allowance equal to per diem at the established rate for the new duty station for a period not exceeding 15 calendar days from the date of entry into new position.

      Section 18.606.  Performance increases.
      When an employee's performance, as determined through objective evaluation by the appropriate management official, has met accepted standards of productivity during a specified period ("the required period of acceptable performance"), his base salary is increased by one step in the appropriate level of the base salary schedule.  For an increase to step 2, 3, or 4, the required period of acceptable performance is 52 calendar weeks.  For an increase to step 5, 6, or 7, the required period of acceptable performance is 104 calendar weeks. For an increase to step 8, 9, or 10, the required period of acceptable performance is 156 weeks.  No employee has a base salary above the maximum step prescribed for his pay level unless he was receiving such compensation on the effective date of this section.

Background
Added by State Law 6-160.  Prior Section 18.606, repealed by State Law 6-132.

      Section 18.607.  Cost of living adjustment.
      In addition to any other compensation authorized under this Chapter, an employee is entitled to receive a cost of living adjustment in the amount provided by legislative appropriation for that purpose, if any.  A cost of living adjustment provided under this Section is not included in an employee's base salary and shall be paid bi-weekly.

Background
Added by State Law 7-40.