DRAFT CSC, Title 9. Public Service System
 
CHAPTER 3
Public Service System Salary Schedule

1101.  Short title.
1102.  Statement of purpose.
1103.  Definitions.
1104.  Applicability.
1105.  Base hourly schedule.
1106.  Compensation of employees who are citizens of the Federated States of Micronesia.
1107.  Compensation for employees who are citizens of the United States.
1108.  Compensation of employees who are third country nationals.
1109.  Entrance salaries of employees.
1110.  Existing employment contracts.
1111.  Salary adjustment.
1112.  Temporary reduction in salary for Governor, Lt. Governor, Representatives, Senators,  Chief Justice, and Associate Justices, and Ungraded and Unclassified Employees.
1113.  Provisions applicable to Sections 1117, 1103, 1105 and 1112 of this Title.

      1101.  Short title.
     This Act Chapter is known and may be cited as the State Public Service Salary Act of 1981.

Source:  TSL 4-59, 1, modified.

Cross-reference:  The constitutional provisions on Public Officers and Employees are found in Art. IX of the Chuuk State Constitution.

      1102.  Statement of purpose.
     It is the declared purpose of this Legislature, in establishing a salary plan, is 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 1108 of the State Public Service System Act of this Title, 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 this Legislature to establish reasonable standards and limitations for determining such premiums.

Source:  TSL 4-59, 2, modified.

      1103.  Definitions.

     (1)  Except as otherwise provided in this Section, or unless the context clearly requires otherwise, terms used in this Act Chapter shall have the meaning ascribed in Section 1003 of the State Public Service System Act this Title.

     (2)  "Market place premium" means a premium based on the difference between the base salary for a given position and the prevailing pay rate for the equivalent work week period for the equivalent position in labor markets outside the State of Chuuk.

     (3)  "Prime contract" means an appointment to a full-time permanent position which requires the services of a non-citizen of the Federated States of Micronesia recruited and hired outside the nation under a contract of not more than two years duration.  Only one member of an immediate family may be appointed under a prime contract.

     (4)  "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 or clearly forming part of the same career ladder as his current position.

     (5)  "Transfer" means movement of an employee from 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.

     (6)  "United States Citizen" means for the purposes of this Act Chapter, a 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 Act 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:  TSL 4-59, 3, as amended by 3-95-19, 2, modified.

      1104.  Applicability.
     This Act 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 provision of Section 1108(1) of the State Public Service System Act this Title, except insofar as other provisions of that Act Chapter specifically apply.

Source:  TSL 4-59, 4, modified.

      1105.  Base salary schedule.
     Subject to section 1117(2) of the State Public Service System Act this Title, the base hourly wage schedule appearing in the following table is hereby adopted pursuant to the State Public Service System Act Chapter 1 of this Title to provide the official biweekly base salary.  Except as provided under Section 1110 of this Chapter, employees shall be paid based on an 80 hour biweekly pay period, which shall be paid to employees in accordance with the pay level assigned to their positions by the Personnel Officer under Section 1117(1) of the State Public Service System Act this Title 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 80.  Such procedure shall be used only for those purposes, unless otherwise provided by law or regulation.

P/L Min, Rate Base Hourly Wage Rate Schedule
 
       1           2           3           4            5           6           7            8           9           10
1   1.250  1.306  1.366   1.430   1.499    1.572    1.651    1.735    1.825     1.921
2   1.306  1.366  1.430   1.499   1.572    1.651    1.735    1.825    1.921     2.024
3   1.366  1.430  1.499   1.572   1.651    1.735    1.825    1.921    2.024     2.134
4   1.430  1.499  1.572   1.651   1.735    1.825    1.921    2.024    2.134     2.252
5   1.499  1.572  1.651   1.735   1.825    1.921    2.024    2.135    2.252     2.378
6   1.572  1.651  1.735   1.825   1.921    2.024    2.134    2.252    2.378     2.513
7   1.651  1.725  1.825   1.921   2.024    2.134    2.252    2.378    2.513     2.657
8   1.735  1.825  1.921   2.024   2.134    2.252    2.378    2.513    2.657     2.762
9   1.825  1.921  2.024   2.134   2.252    2.378    2.513    2.657    2.762     2.827
10 1.921  2.024  2.134   2.252   2.378    2.513    2.657    2.762    2.827     3.004
11 2.024  2.134  2.252   2.378   2.513    2.657    2.762    2.827    3.004     3.193
12 2.134  2.252  2.378   2.513   2.657    2.762    2.827    3.004    3.193     3.396
13 2.252  2.378  2.513   2.657   2.762    2.827    3.004    3.193    3.396     3.612
14 2.378  2.513  2.657   2.762   2.827    3.004    3.193    3.396    3.612     3.844
15 2.513  2.657  2.762   2.827   3.004    3.193    3.396    3.612    3.844     3.942
16 2.657  2.762  2.827   3.004   3.192    3.396    3.612    3.844    3.942     4.208
17 2.762  2.827  3.004   3.193   3.396    3.612    3.844    3.942    4.208     4.492
18 2.827  3.004  3.193   3.396   3.612    3.844    3.942    4.208    4.492     4.796
19 3.004  3.193  3.396   3.612   3.844    3.942    4.208    4.492    4.796     5.121
20 3.193  3.396  3.612   3.844   3.942    4.208    4.492    4.796    5.121     5.469
21 3.396  3.612  3.844   3.942   4.208    4.492    4.796    5.121    5.469     5.841
22 3.612  3.844  3.942   4.208   4.492    4.796    5.121    5.469    5.841     6.140
23 3.844  3.942  4.208   4.492   4.796    5.121    5.469    5.841    6.140     6.566
24 3.942  4.208  4.492   4.796   5.121    5.469    5.841    6.140    6.566     7.022
25 4.208  4.492  4.796   5.121   5.469    5.841    6.140    6.566    7.022     7.510
26 4.492  4.796  5.121   5.469   5.841    6.140    6.566    7.022    7.510     8.032
27 4.796  5.121  5.469   5.841   6.140    6.566    7.022    7.510    8.032
28 5.121  5.469  5.841   6.140   6.566    7.022    7.510    8.032
29 5.469  5.841  6.140   6.566   7.022    7.510    8.032
30 5.841  6.140  6.566   7.022   7.510    8.032

Source:  TSL 4-59, 5, as amended by CSL 2-94-14, 1, CSL 3-95-19, 3, CSL 4-98-36, 1, CSL 5-99-11, 1, and CSL 5-00-29, 1, modified.

Editor's note:  CSL 5-00-29 that last amended this Section was signed into law by the Governor on October 10, 2000.

      1106.     Compensation of employees who are citizens of theTrust Territory Federated States of Micronesia.

     (1)  Except as otherwise hereinafter provided, employees who are citizens of the Trust Territory or Federated States of Micronesia shall receive as compensation a base salary as provided in Section 1105 of this Act Chapter.

     (2)  Notwithstanding the provisions of subsection (1) of this Section, any employee covered under the provisions thereof who has achieved advanced professional status through obtaining an earned professional degree in law, or 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, 24% of the base salary.

     (3)  No employee shall be entitled to the benefits of subsection (2) of this Section where they have failed to meet the professional examination and licensing requirements of either the State of Truk Chuuk or Federated States of Micronesia for members of their respective professions.

Source:  TSL 4-59, 6, modified.

Cross-reference:  The constitutional provisions on Public Officers and Employees are found in Art. IX of the Chuuk State Constitution.

      1107.  Compensation for employees who are citizens of the United States.

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

     (a)  a base salary as provided in Section 1105 of this Act Chapter; and

     (b)  a market place premium, which shall be at the rate established in a table prepared by the Personnel Officer.

     (2)  Employees who are citizens of the United States and who are not covered by the provisions of Subsection (1) of this Section shall receive the same base salary, and shall be eligible for the same premium, differentials, and allowances, as employees who are citizens of the Trust Territory Federated States of Micronesia in like positions.

     Source:  TL 4-59, 7, modified.

      1108.  Compensation of employees who are third country nationals.

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

     (a)  a base salary as provided in Section 1105 of this Act Chapter; and

     (b)  if prevailing rates of pay are substantially higher in the country of recruitment than in the State of Truk Chuuk, a market place premium which shall be determined by the Personnel Officer on the basis of the difference, insofar as it can best be estimated between the prevailing rates in the State of Truk Chuuk 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.

     (2)  Employees who are citizens neither of the Trust Territory Federated States of Micronesia nor of the United States and who are not covered by the provisions of Subsection (1) of this Section 6 of this Act 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 Federated States of Micronesia in like positions.

Source:  TSL 4-59, 8, modified.

      1109.  Entrance salary of employees.

     (1)  The initial base salary rate of a new employees shall be at Step 1 of the pay level for the class of his position unless the Personnel Officer determines that a higher rate is needed for recruitment and that such higher rate is appropriate to the qualification of the applicant; provided, that in no case shall such rate be higher than Step 5 of the pay level for the class of the position.

     (2)  An employee who receives a promotion within the State Public Service shall have the base salary increased to that step in the pay level for the new position which is two steps higher than the step at which his current salary is fixed, unless his current salary is higher than Step 10 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.

     (3)  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.

     (4)  An employee who receives a promotion or transfer from the Trust Territory Federated States of Micronesia Public Service to the State Public Service system shall be entitled to a salary within the pay level for the new position, which the Personnel Officer finds to be appropriate in view of the employee. s qualifications and his salary in the Trust Territory Federated States of Micronesia Public Service.  In no case shall the new salary be higher than Step 10 of the pay level for the class of the position.

Source:  TSL 4-59, 9, modified.

      1110.  Existing employment contracts.

     (1)  The provisions of this act 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 act by initial contractual appointment or renewal shall provide for compensation as specified under the provisions of this Act Chapter, unless, pursuant to Section 1031 8 (1)(g) of the State Public Service System Act this Title TSL No. 3-43, the contractual services to be performed are special or unique, non-permanent and essential to the public interest; the person contracted who possesses a degree of expertise or special knowledge not obtainable through normal public service recruitment procedures; and the employment contract specifically refers to these exemption requirements.

     (2)  The hourly wage schedule of an employee whose salary is paid entirely by funds from the Federated States of Micronesia or any foreign source shall be based on a 40 forty-hour, five day workweek.

     (3)  Upon approval or upon becoming of law of its act, the application of this Section, as it relates to employees paid in full from FSM National or any foreign source, shall be retroactive to the beginning of the current fiscal year.

Source:  TSL 4-59, 10, as amended by CSL 3-95-19, 4 and CSL 4-98-36, 2 and 3, modified.

Editor's note:  CSL 4-98-36 that last amended this Section was signed into law by the Governor on September 21, 1998.

      1111.  Salary adjustment.

     (1)  Each employee with all present pay levels may be adjusted to the next higher step in the corresponding pay level, according to the standards governing performance increases prescribed at Section 1117 (7) of the State Public Service System Act this Title. TSL No. 3-43.

     (2)  Temporary suspension of all wage increases.  All wage increases, inclusive, which are due during Fiscal Year 1996, to employees of the State, pursuant to the provisions of Subsection (7) of Section 1117 of  TSL 3-43 this Title shall be suspended, and during all subsequent fiscal years, beginning in Fiscal Year 1997, all wage increases for employees covered under the State Public Service System Act shall be subject to subsection (7) of Section 1117, as amended. in Section 3 of CSL No. 2-94-14

Source:  TSL 4-59, 11, as amended by CSL 2-94-14, 2 and 4, CSL 3-95-19, 5, CSL 3-95-06, 1, and CSL 3-96-04, 1, modified.

      1112.     Temporary reduction in salary for Governor, Lt. Governor, Representatives, Senators, Chief Justice, and Associate Justices, and Ungraded and Unclassified Employees.

     (1)  It is the intent of the Legislature that this Section 11 is a temporary salary adjustment to correspond with the four-day workweek envisioned by this Act for employees subject to the Public System Service System Act.  The Legislature intends Section 11 Subsection (2) as a contribution to the lessening of Chuuk's financial crisis.  When Chuuk State's economic condition improves and Public Service System employees return to a five 5 day workweek it is the intent of the Legislature that salaries referenced in Section 11 Subsection (2) shall be readjusted.

     (2)  Notwithstanding any law to the contrary, the annual salaries of the Governor, Lieutenant Governor, Representative, Senators, Chief Justice, and Associate Justices, shall be reduced by 20 percent.

     (3)  Except as provided under Section 4 of this act 1110 of this Chapter, the remuneration, salary, or pay of all other ungraded and unclassified government employees who are exempt from TSL No.  4-59 as amended this Chapter shall be reduced by 20 percent.

     (4)  Section 11 of this Act Subsection (2) of this Section shall be repealed upon enactment of legislation returning Public Service System employees to a five day work week.

Source:  CSL 3-95-19, 10, 11 and 12, as amended by CSL 3-96-04, 2, and CSL 4-97-16, 1 and 2, modified.

      1113.  Provisions applicable to Sections 1117, 1103, 1105 and 1112 of this Title.
     This Section applies to Sections 1117, 1103, 1105 and 1112 of this Title.

     (1)  Statement of purpose.  Whereas, the 15 year financial assistance under the Compact of Free Association between the Federated States of Micronesia and the United States of America is coming to an end; and whereas, the current funding of the Chuuk State Government is based on these levels of Compact financing; and whereas, to remain viable as an effective provider of public services, the future size and funding of the Chuuk State Government must reflect the reality of its own revenue generated capability; and whereas, the Chuuk State Government is already experiencing severe financial difficulties in maintaining its current size and funding requirements; and whereas, the State Public Service System Act, Truk State Law No. 3-43, recognizes that "the general economic conditions of the State" and "the financial resources estimated to be available to the State Government" are legitimate factors to be considered in amending the Public Service System base salary schedule; and whereas, in an effort to alleviate current financial constraints, the conference of Chuuk State leadership and the National Government.

     (2)  Regulations.  Any existing employment regulations governing the Public Service System employees of the Executive, Legislative and Judicial branches of the Chuuk State Government shall remain in force and effect, provided that they are read and interpreted in the light of a thirty-two 36 hour work week, sixty-four 72 hour biweekly pay period.

     (3)  Severability.  If any provision of this Act Sections 1117, 1103, 1105 and 1112 of this Title or the application thereof to any person or circumstance is held invalid, the invalidity does not effect the other provisions or applications of the Act aforementioned Sections which can be given effect without the invalid provision or application, and to this end the provisions of this Act aforementioned Sections are severable.

     (5)  Number of school days unaffected.  Notwithstanding the provisions of this Act aforementioned Sections, the Department of Education shall not violate the requirements relative to the number of school days per academic year.

Source:  CSL 3-95-19,  1, 7, 9 and 13, modified.