2020 Arkansas Code
Title 19 - Public Finance
Chapter 4 - State Accounting and Budgetary Procedures
Subchapter 16 - Salaries and Payroll Disbursement
§ 19-4-1610. Retroactive pay prohibited

Universal Citation: AR Code § 19-4-1610 (2020)
  1. (a)

    1. (1) In the event that a state employee is being paid less than the maximum provided for by law, and thereafter the head of the agency provides for an increase in the rate of pay for the employee, the rate of pay shall not exceed one-twelfth (1/12) of the annual maximum amount of the salary position on which he or she is placed, for the remainder of the annual period.

    2. (2) Payments under subdivision (a)(1) of this section shall not be made for a preceding fiscal year.

  2. (b)

    1. (1) No increase in the rate of pay, either by paying the full amount of the maximum salary or by placing an employee in a position calling for a greater salary, shall be construed as authorizing the payment of any retroactive salary to the employee.

    2. (2) Payments under subdivision (b)(1) of this section shall not be made for a preceding fiscal year.

  3. (c)

    1. (1) Salary payments made to correct an administrative error shall not be considered retroactive pay, nor shall such payment be construed as exceeding the employee's maximum authorized pay.

    2. (2) Payments under subdivision (c)(1) of this section may be made for a preceding fiscal year if:

      1. (A) Requested within twelve (12) months of the end of the preceding fiscal year; and

      2. (B) Upon the consent of the Secretary of the Department of Transformation and Shared Services in consultation with the Chief Fiscal Officer of the State.

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