67-22-2 - Compensation -- Other state officers.
67-22-2. Compensation -- Other state officers.
(1) As used in this section:
(a) "Appointed executive" means the:
(i) Commissioner of the Department of Agriculture and Food;
(ii) Commissioner of the Insurance Department;
(iii) Commissioner of the Labor Commission;
(iv) Director, Alcoholic Beverage Control Commission;
(v) Commissioner of the Department of Financial Institutions;
(vi) Executive Director, Department of Commerce;
(vii) Executive Director, Commission on Criminal and Juvenile Justice;
(viii) Adjutant General;
(ix) Executive Director, Department of Community and Culture;
(x) Executive Director, Department of Corrections;
(xi) Commissioner, Department of Public Safety;
(xii) Executive Director, Department of Natural Resources;
(xiii) Director, Governor's Office of Planning and Budget;
(xiv) Executive Director, Department of Administrative Services;
(xv) Executive Director, Department of Human Resource Management;
(xvi) Executive Director, Department of Environmental Quality;
(xvii) Director, Governor's Office of Economic Development;
(xviii) Executive Director, Utah Science Technology and Research Governing Authority;
(xix) Executive Director, Department of Workforce Services;
(xx) Executive Director, Department of Health, Nonphysician;
(xxi) Executive Director, Department of Human Services;
(xxii) Executive Director, Department of Transportation;
(xxiii) Executive Director, Department of Technology Services; and
(xxiv) Executive Director, Department of Veterans Affairs.
(b) "Board or commission executive" means:
(i) Members, Board of Pardons and Parole;
(ii) Chair, State Tax Commission;
(iii) Commissioners, State Tax Commission;
(iv) Executive Director, State Tax Commission;
(v) Chair, Public Service Commission; and
(vi) Commissioners, Public Service Commission.
(c) "Deputy" means the person who acts as the appointed executive's second in command asdetermined by the Department of Human Resource Management.
(2) (a) The executive director of the Department of Human Resource Management shall:
(i) before October 31 of each year, recommend to the governor a compensation plan for theappointed executives and the board or commission executives; and
(ii) base those recommendations on market salary studies conducted by the Department ofHuman Resource Management.
(b) (i) The Department of Human Resource Management shall determine the salary range forthe appointed executives by:
(A) identifying the salary range assigned to the appointed executive's deputy;
(B) designating the lowest minimum salary from those deputies' salary ranges as the minimumsalary for the appointed executives' salary range; and
(C) designating 105% of the highest maximum salary range from those deputies' salary rangesas the maximum salary for the appointed executives' salary range.
(ii) If the deputy is a medical doctor, the Department of Human Resource Management maynot consider that deputy's salary range in designating the salary range for appointed executives.
(c) In establishing the salary ranges for board or commission executives, the Department ofHuman Resource Management shall set the maximum salary in the salary range for each of thosepositions at 90% of the salary for district judges as established in the annual appropriation act underSection 67-8-2.
(3) (a) (i) Except as provided in Subsection (3)(a)(ii), the governor shall establish a specificsalary for each appointed executive within the range established under Subsection (2)(b).
(ii) If the executive director of the Department of Health is a physician, the governor shallestablish a salary within the highest physician salary range established by the Department of HumanResource Management.
(iii) The governor may provide salary increases for appointed executives within the rangeestablished by Subsection (2)(b) and identified in Subsection (3)(a)(ii).
(b) The governor shall apply the same overtime regulations applicable to other FLSA exemptpositions.
(c) The governor may develop standards and criteria for reviewing the appointed executives.
(4) Salaries for other Schedule A employees, as defined in Section 67-19-15, that are notprovided for in this chapter, or in Title 67, Chapter 8, Utah Elected Official and Judicial Salary Act,shall be established as provided in Section 67-19-15.
(5) (a) The Legislature fixes benefits for the appointed executives and the board or commissionexecutives as follows:
(i) the option of participating in a state retirement system established by Title 49, Utah StateRetirement and Insurance Benefit Act, or in a deferred compensation plan administered by the StateRetirement Office in accordance with the Internal Revenue Code and its accompanying rules andregulations;
(ii) health insurance;
(iii) dental insurance;
(iv) basic life insurance;
(v) unemployment compensation;
(vi) workers' compensation;
(vii) required employer contribution to Social Security;
(viii) long-term disability income insurance;
(ix) the same additional state-paid life insurance available to other noncareer serviceemployees;
(x) the same severance pay available to other noncareer service employees;
(xi) the same leave, holidays, and allowances granted to Schedule B state employees asfollows:
(A) sick leave;
(B) converted sick leave if accrued prior to January 1, 2014;
(C) educational allowances;
(D) holidays; and
(E) annual leave except that annual leave shall be accrued at the maximum rate provided toSchedule B state employees;
(xii) the option to convert accumulated sick leave to cash or insurance benefits as provided bylaw or rule upon resignation or retirement according to the same criteria and procedures applied toSchedule B state employees;
(xiii) the option to purchase additional life insurance at group insurance rates according to thesame criteria and procedures applied to Schedule B state employees; and
(xiv) professional memberships if being a member of the professional organization is arequirement of the position.
(b) Each department shall pay the cost of additional state-paid life insurance for its executivedirector from its existing budget.
(6) The Legislature fixes the following additional benefits:
(a) for the executive director of the State Tax Commission a vehicle for official and personaluse;
(b) for the executive director of the Department of Transportation a vehicle for official andpersonal use;
(c) for the executive director of the Department of Natural Resources a vehicle for commuteand official use;
(d) for the Commissioner of Public Safety:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(e) for the executive director of the Department of Corrections:
(i) an accidental death insurance policy if POST certified; and
(ii) a public safety vehicle for official and personal use;
(f) for the Adjutant General a vehicle for official and personal use; and
(g) for each member of the Board of Pardons and Parole a vehicle for commute and officialuse.
Amended by Chapter 369, 2009 General Session