TITLE VI
PUBLIC OFFICERS AND EMPLOYEES

Chapter 99
ADJUSTMENT OF SALARIES OF STATE EMPLOYEES

Section 99:1

    99:1 Repealed by 1975, 505:31, eff. July 1, 1975. –

Section 99:1-a

    99:1-a Salary Schedules. – The department of administrative services shall develop and implement for the executive branch such salary schedules as authorized by collective bargaining agreements between the state and an employee organization and subject to appropriation. The department shall apply the appropriate salary schedules to all unrepresented employees. The department shall post base salary schedules on its public Internet website.

Source. 1953, 211:1. RSA 99:1. 1957, 274:1. 1961, 221:1. 1965, 73:1. 1967, 353:1. 1969, 500:1, 2. 1970, 44:1, 5. 1972, 60:51. 1973, 377:1, 2. 1974, 47:1. 1975, 505:32. 1977, 600:51. 1978, 56:3. 1979, 434:35, I, II, 42, I, II. 1981, 568:163, I. 1983, 469:119, II. 1985, 405:1-3. 1986, 231:1, 2. 1987, 401:1-3. 1989, 419:1, 2. 1993, 358:30, 31. 1997, 351:23. 1999, 225:25, 26. 2001, 158:87, 88. 2005, 177:143-145. 2006, 290:8. 2007, 263:128, eff. July 6, 2007; 263:129, eff. Jan. 4, 2008; 263:130, eff. Jan. 2, 2009. 2013, 144:147, eff. July 12, 2013; 144:148, eff. July 11, 2014; 144:149, eff. Jan. 9, 2015. 2015, 274:1, eff. Jan. 8, 2016; 274:2, eff. Jan. 6, 2017. 2018, 162:5, eff. June 8, 2018; 162:6, eff. Jan. 4, 2019. 2021, 91:333, eff. July 1, 2021.

Section 99:1-b

    99:1-b Repealed by 2021, 91:353, I, eff. July 1, 2021. –

Section 99:2

    99:2 Additional Increase. – In addition to the increase provided in RSA 99:1, further increase shall be made to the following classified employees:
a.-d. [Repealed.]
e. Other provisions of law notwithstanding, classified state employees who are totally disabled as a result of work-connected accidental injury shall be entitled to all workers' compensation benefits under RSA 281-A, and by election of said employees, to sick or annual leave benefits except that the combination of workers' compensation and sick or annual leave benefits shall not exceed such employee's full pay, subject to payroll deductions with respect to sick or annual leave benefits; provided, however, that any employee on workers' compensation shall not be entitled to have each holiday added to annual leave accumulation; nor shall he be entitled to have any time added to sick or annual leave accumulation while on workers' compensation. The commissioner of administrative services is hereby directed to maintain separate accounts for the payment of wage benefits and medical costs pursuant to workers' compensation benefits for state employees.
f.-i [Repealed.]

Source. 1950, 9:1, par. 7. 1953, 266:12. RSA 99:2. 1965, 164:2. 1969, 275:1. 1971, 460:1, 2; 505:2. 1972, 60:73. 1973, 344:1; 421:1. 1974, 29:1. 1977, 388:1; 600:76. 1979, 434:48, 55, 58, 82. 1982, 42:46. 1985, 399:3, I. 1986, 135:1, I-VI, 2. 1994, 158:16, eff. May 23, 1994.

Section 99:2-a

    99:2-a Maintenance for Classified Employees. – No classified employee shall receive any maintenance or payment in lieu thereof from the state, provided however that if quarters are available at any state institution or on any state property the department head thereof may assign to a classified employee such quarters, furnished or unfurnished, including only any or all of the following utilities: heat, fuel, gas, electricity and water, and provided further that a department head of a state agency which serves prepared meals may permit any classified employee to purchase such meals. Such employee shall reimburse the state for such quarters or meals at a rate to be determined by the personnel commission. Provided further that all employees of New Hampshire hospital, Laconia developmental services, and Glencliff home, who are required by the administration of their respective institution to wear uniforms or other required attire, shall be allowed to have said uniforms or required attire laundered at no cost to them by their respective institution and all employees of said institutions shall receive from regularly employed institutional physicians outpatient diagnostic screening and limited ambulatory treatment at no cost to them except for the filling of prescription drugs that might be indicated.

Source. 1965, 239:10. 1967, 52:1. 1988, 107:5. 2007, 263:12, eff. July 1, 2007.

Section 99:2-b

    99:2-b Repealed by 1994, 248:11, II, eff. June 2, 1994. –

Section 99:3

    99:3 Repealed by 2021, 91:353, II, eff. July 1, 2021. –

Section 99:3-a

    99:3-a Attendants. – Employees in the several attendant classifications within state institutions who have successfully completed an in-service training program approved by the personnel commission shall receive a one-salary grade increase to a new classification of psychiatric aide.

Source. 1965, 73:4, eff. July 2, 1965.

Section 99:3-b

    99:3-b Licensed Practical Nurses. – Employees working in the care and treatment programs at state institutions who are recognized as licensed practical nurses by the state of New Hampshire shall have their positions classified to that of licensed practical nurse.

Source. 1965, 73:5, eff. July 2, 1965.

Section 99:4

    99:4 Salary Adjustment Fund. – Whereas the appropriations for personal services in state departments and institutions include an annual increment for each position, and whereas upon occasion due to vacancies and personnel turnover, salaries, increment increases and longevity as provided by the appropriations are not needed for said positions, each quarter the department of administrative services shall transfer said amount from the departmental or institutional appropriation to a special account to be known as the salary adjustment fund. This fund shall lapse at the end of each fiscal year and revert to the appropriate fund. Under no circumstances will this fund be used for temporary positions or new positions. Upon the certification of the director of personnel, subject to the approval of governor and council, the salary adjustment fund shall be available for transfer to departments and institutions in amounts that are deemed necessary to comply with RSA 98.

Source. 1953, 211:5. RSA 99:4. 1961, 221:15. 1975, 505:17. 1985, 399:3, II, eff. July 1, 1985.

Section 99:4-a

    99:4-a Salary Adjustment. – In the event the authority granted to the director of the department of data processing by RSA 8-C:7 to increase the salary for a classified position in order to recruit personnel is exercised, the salaries of all classified personnel in the same classification may be increased by the director of personnel to the same amount. Any increase so made shall be a charge against the salary adjustment fund or if the department in which the position occurs is financed by a special fund, such increase shall be a charge against such special fund.

Source. 1967, 253:5, eff. July 1, 1967.

Section 99:4-b

    99:4-b Certain Legislative Salary Increases. – The amount of all salary increases granted to the legislative budget assistant, the director of legislative services, or to any employee of either or both offices shall be a charge against the salary adjustment fund.

Source. 1972, 60:63, eff. Mar. 27, 1972.

Section 99:5

    99:5 Longevity Payment for Regular Classified Employees. – Any regular classified employee of the state who has completed 10 years of continuous service for the state other than a law enforcement employee, shall be paid, in addition to the salary to which he or she is entitled by the classification plan, the sum of $350 annually and an additional $350 for each additional 5 years of continuous state service. The additional compensation provided by the provisions of this section shall not affect the maximums set by the classification plan and the receipt of said long service payments shall not prohibit the recipient from receiving the yearly increments to which he or she may be otherwise entitled within his or her classification ranges. Any regular classified employee who transfers, without a break in service, to a position in the unclassified system may transfer all time served for purposes of longevity pay.

Source. 1947, 243:3. RSA 99:5. 1979, 434:53. 1989, 396:4. 2005, 177:149, eff. July 8, 2005. 2021, 91:351, eff. July 1, 2021.

Section 99:5-a

    99:5-a Longevity Payments for New Hampshire State Troopers and State Trooper Command Staff. – Any state trooper or eligible state trooper command staff member who has completed 10 years of continuous service for the state shall be paid, in addition to the salary to which he or she is entitled by the classification plan, the sum of $350 annually and an additional $350 for each additional 5 years of continuous law enforcement service. The additional compensation provided by the provisions of this section shall not affect the maximums set by the classification plan and the receipt of said long service payments shall not prohibit the recipient from receiving the yearly increments to which he or she may be otherwise entitled within his or her classification ranges. Any state trooper or eligible state trooper command staff member who transfers, without a break in service, to a position in the unclassified system may transfer all time served for purposes of longevity pay.

Source. 2005, 177:68, eff. July 1, 2005. 2021, 91:352, eff. July 1, 2021.

Section 99:6

    99:6 Military Service. – Any person who left state service to enter armed forces of the United States in World War I or World War II and who, upon termination of such military service, returned to state service without employment elsewhere may count the time so spent in such military service as continuous state service to obtain benefits provided under RSA 94:4 and 99:5.

Source. 1947, 243:5, eff. July 1, 1947.

Section 99:6-a

    99:6-a Limited Prior Service. – Any person who has been or is caused to leave state service involuntarily by reason of reduction in force and who returned or shall return to state service may for purposes of future compensation only, count the time of said prior state service as continuous with his present service without inclusion of the intervening period of non-state employment, to obtain benefits provided under RSA 94:4 and 99:5. This section shall not authorize retroactive payment to persons now or hereafter in state service affected hereby but shall provide credit of such past service for compensation subsequent to the effective date of this act. This section shall not apply to persons who shall have separated or separate from state service under other circumstances.

Source. 1955, 202:1, eff. July 1, 1955.

Section 99:6-b

    99:6-b Prior Service as Employee of Political Subdivision. – Any person who is employed by a town, a village district, a school district, a city, or a county, and who subsequently becomes a state employee because the functions of his employment and his job with that political subdivision are taken over by the state, may count the time spent as an employee of a political subdivision as continuous with his present service as a state employee in order to obtain all benefits as a state employee. This section shall provide credit for past service as an employee of a political subdivision for compensation and benefit purposes for persons who enter state service on or after the effective date of this act.

Source. 1991, 236:3, eff. Aug. 9, 1991.

Section 99:7

    99:7 Payment. – All persons performing work in the service of the state of New Hampshire shall be paid their compensation at such intervals, not more often than biweekly, as the commissioner of administrative services with the approval of the governor and council shall determine.

Source. 1913, 38:1; 195:1. 1923, 99:1. PL 15:44. 1937, 201:1. RL 22:39. RSA 99:7. 1985, 399:3, I. 1995, 308:45, eff. July 1, 1995.

Section 99:8

    99:8 Increases for Recruitment Purposes. – Upon request of the appointing authority, the governor and council are hereby authorized and empowered, notwithstanding any other provisions of the law to the contrary, upon a finding by them and a recommendation from the director of personnel that a substantial number of vacancies exist in any class of authorized positions which vacancies require an increase in salaries for recruitment of qualified personnel therefor, to increase salaries of such classified positions, any such increases to be a charge against the salary adjustment fund.

Source. 1967, 353:6. 1974, 52:6. 1986, 12:4, 1, eff. Mar. 27, 1986.

Section 99:9

    99:9 Classified Employees. –
I. Employees whose positions were lowered as a result of the 1961 reorganization acts shall receive increases based upon their classifications as of June 30, 1961.
II. Employees whose positions were lowered as a result of reevaluation since June 30, 1965 shall receive increases based upon their classifications as of June 30, 1965.
III. An employee whose position is reclassified or reallocated to a lower level as a result of the 1995 department of health and human services reorganization act shall be paid at the same level as such employee was paid prior to the reallocation or reclassification until the pay in the lower level exceeds the pay the employee was receiving at the time of the reallocation or reclassification.
IV. No employee whose employment is terminated as a result of the 1995 Department of Health and Human Services Reorganization Act or as a result of budget reductions within the department may exercise the privilege of bumping any other employee notwithstanding any law or administrative rule. This provision shall terminate on December 31, 1998.
V. Any full-time state employee who was laid off pursuant to the 1995 department of health and human services reorganization act or as a result of budget reductions within the department of health and human services who before the layoff was receiving state-paid medical benefits under the provisions of RSA 21-I:26-36, who is not eligible to retire and receive post-retirement medical benefits under the provisions of RSA 21-I:26-36 or RSA 100-A:52-55, and who is not eligible for employer paid medical or health care coverage under the plan of any other employer, or as the spouse of a person covered under the plan of any other employer, or under the state plan as the spouse of a state employee, shall continue to receive state-paid medical and dental benefits, as if continuing in active employment, for a period not to exceed 3 months after the date of termination of state employment. This 3-month period shall be included in the calculation of the entitlements required under the consolidated Omnibus Reconciliation Act of 1986 and any amendments thereto. This provision shall expire on December 31, 1998.

Source. 1967, 353:6. 1995, 310:60, eff. Nov. 1, 1995.

Section 99:10

    99:10 N.H. State Prison and N.H. Hospital. – Classified employees at the state prison and the New Hampshire hospital who are continuously exposed to inmates or forensic patients daily in the normal course of their duties shall be paid, in addition to their regular salary, hazardous duty pay in the amount of $25 per week unless otherwise collectively bargained.

Source. 1974, 47:9, eff. June 21, 1974. 2013, 199:1, eff. Sept. 7, 2013.

Section 99:10-a

    99:10-a New Hampshire State Troopers. – Classified New Hampshire state troopers of the division of state police shall be paid in addition to their regular salary, a differential pay in the amount of $25 per week unless otherwise collectively bargained.

Source. 2017, 204:1, eff. July 5, 2017.

Section 99:11

    99:11 Differentials; Direct Care Employees. –
I. The annual salaries of classified employees who are actively engaged in the care and treatment of patients or inmates at the New Hampshire hospital, Laconia developmental services, Glencliff home, New Hampshire veterans' home, and the youth development center, and the security employees, pharmacists, and dieticians employed at the New Hampshire hospital, shall be increased by a $5 per week differential unless otherwise collectively bargained. This paragraph shall not apply to those employees who receive hazardous duty pay under RSA 99:10.
II. Any direct care employee of the Laconia developmental services, certified capable of administering medication under RSA 326-B:17, VII, shall receive a salary increase of one grade in the salary scale while authorized by the superintendent to administer medication.

Source. 1974, 47:11. 1977, 164:1. 1981, 397:1; 544:1, 4. 1988, 107:5. 1998, 107:1. 2007, 263:12, eff. July 1, 2007. 2013, 199:2, eff. Sept. 7, 2013.

Section 99:12

    99:12 Salary Increases for Nurses. – To the annual salary of registered or licensed practical nurses at the New Hampshire hospital, Laconia developmental services, the New Hampshire youth development center, the Glencliff home, and the New Hampshire veterans' home shall be added a $15 per week differential increase unless otherwise collectively bargained. The provisions of this section shall not apply to those employees who receive hazardous duty pay pursuant to RSA 99:10.

Source. 1974, 52:1. 1977, 568:2. 1988, 107:5. 2007, 263:12, eff. July 1, 2007. 2013, 199:3, eff. Sept. 7, 2013.

Section 99:13

    99:13 Overtime for Nurses at Certain Institutions. – Registered nurses and licensed practical nurses at the New Hampshire hospital, Laconia developmental services, the New Hampshire youth development center, the Glencliff home, and the New Hampshire veterans' home, who worked more than 40 hours in any one work week shall be paid overtime on the basis of time and one-half calculated on their total salary provided for by RSA 99 unless otherwise collectively bargained. Said payments shall be made only within the limits of funds appropriated for personal services to any of said institutions and may not be charged against the salary adjustment fund.

Source. 1974, 52:1. 1977, 568:2. 1988, 107:5. 2007, 263:12, eff. July 1, 2007. 2013, 199:4, eff. Sept. 7, 2013.

Section 99:14

    99:14 Wage Assignments. – Notwithstanding any provision of law to the contrary, the wages of any state employee or official may be assigned, attached, or executed upon to satisfy an order of the superior court to the same extent as private employers. The clerk of the court entering such order or the department of health and human services shall forward a copy of such order to the person responsible for preparing the wage manifest for the employee, who shall comply with such order within 15 days of the receipt thereof.

Source. 1977, 465:3. 1983, 291:1. 1995, 310:181, eff. Nov. 1, 1995.

Section 99:15

    99:15 Repealed by 1986, 135:1, VII, eff. May 27, 1986. –

Section 99:16

    99:16 Repealed by 1986, 135:3, I, eff. May 27, 1986. –

Section 99:17

    99:17 Repealed by 1986, 135:3, II, eff. May 27, 1986. –

Section 99:18

    99:18 Repealed by 1986, 135:3, III, eff. May 27, 1986. –

State Employee Productivity Incentive Program

Section 99:19 to 99:25

    99:19 to 99:25 Repealed by 1981, 246:2, eff. July 1, 1985. –

Section 99:26

    99:26 Laid Off State Employees. – Whenever the legislature enacts provisions regarding benefits for laid off state employees, the term "state employee" shall be construed to include state employees whose positions are partially or fully federally funded.

Source. 1994, 241:1, eff. July 26, 1994.