COMPTROLLER'S SEAL STATE OF CONNECTICUT

STATE OF CONNECTICUT

NANCY WYMAN
COMPTROLLER
OFFICE OF THE STATE COMPTROLLER
55 ELM STREET
HARTFORD, CONNECTICUT 06106-1775
MARK OJAKIAN
DEPUTY COMPTROLLER

INTERDEPARTMENTAL MEMORANDUM

June 26, 2007

To: The Honorable Theresa C. Lantz, Commissioner
Department of Correction
24 Wolcott Hill Road
Wethersfield, Connecticut 06109
Subject: An Interest Arbitration Award between the State of Connecticut and the Connecticut State Employees Association (CSEA) NP-8 Bargaining Unit Captains and Counselor Supervisors Accretion to Contract Effective October 17, 2005 through June 30, 2008

I. AUTHORITY

The interest arbitration award between the State of Connecticut and the Connecticut State Employees Association (CSEA) NP-8 bargaining unit for the period October 17, 2005 through June 30, 2008, which became effective May 31, 2007.
Pursuant to section 5-276b of the Connecticut General Statutes, an interest penalty of 5% per annum is to be paid for late implementation of the provisions of the NP-8 Interest Arbitration issued April 20, 2007. The 5% is payable for the period April 20, 2007 until the date an employee receives all the retroactive amounts due him/her under the award.

II. HOURS OF WORK (Article 19)

A. Work Schedule (Article 19, Section 1[d])

Captains and Counselor Supervisors will continue to work a schedule of forty (40) hours per week, generally consisting of five (5) consecutive days of eight (8) hours followed by two (2) consecutive days off.

The Captains and Counselor Supervisors who are assigned as Unit Managers will be designated as unscheduled and may be expected to work up to one weekend or two days on weekends per month and up to one day per week on second shift or third shift or on a schedule that overlaps from third to first shift or from first to second shift as part of their regular schedule and in lieu of other workdays or work hours during the pay week. This provision shall not be viewed as excluding the Unit Managers from being treated in accordance with Article 19 Section 2 if they are required or authorized to work additional hours in other circumstances.

B. Overtime (Article 19, Section 2[d])

Exclusions provided for in Article 19, Section 2, subsection (b) will not apply to any Captain or Counselor Supervisor.

III. COMPENSATION (Article 21)

A. General Wage Increases (Article 21, Section 1)

Effective at the start of the pay period following July 1, 2006, the base annual salary for all Captains and Counselor Supervisors and the current salary schedule will be increased by three percent (3%).
Effective at the start of the pay period following July 1, 2007, the base annual salary for all Captains and Counselor Supervisors and the current salary schedule will be increased by three percent (3%).
Effective July 1, 2006, the maximum salary for the Captain and Counselor Supervisor job classifications will be increased by three percent (3%).

B. Annual Increments (Article 21, Section 8)

There will be no payment of annual increments for the 2005-2006 contract year. Captains and Counselor Supervisors received Performance and Recognition System (PARS) payments in July 2005. For the second year of the agreement (2006-2007) annual increments will be delayed six months and paid accordingly in the pay periods which include January 1, 2007 or July 1, 2007. For the third year of the agreement (2007-2008) annual increments will be delayed three months and paid accordingly in the pay periods which include October 1, 2007 or April 1, 2008.
Contract Year Payable
2006-2007 January 2007/July 2007
2007-2008 October 2007/April 2008
Captains and Counselor Supervisors will continue to be eligible for annual increments under the above criteria and on the above-described dates.
Employees who were in the classifications of Captain or Counselor Supervisor on or before October 17, 2005 will have a July increment date. Employees appointed to the Captain or Counselor Supervisor classifications on or after October 18, 2005 will keep the annual increment date that they had in their prior job title.

C. Longevity Payments (Article 21, Section 10[a],[b])

Effective upon legislative approval of the Memorandum of Understanding for the Addition of Captains and Counselor Supervisors to the Correctional Supervisors (NP-8) Bargaining Unit, employees in this bargaining unit who were in the classifications of Captain and/or Counselor Supervisor on or before said date of legislative approval will continue to be eligible for longevity payments in accordance with the longevity schedule of the classified service Management Pay Plan. The classifications will be considered in their MP designation (MP 60).
Additionally any employee who was in the bargaining unit on or before December 3, 2001, and is promoted to the position of Captain and/or Counselor Supervisor on or after the date of legislative approval referenced herein will continue to be eligible for longevity payments in accordance with the longevity schedule of the classified service Management Pay Plan, MP designation (MP 60).
Any employee promoted to the classification of Captain or Counselor Supervisor on or after the date of legislative approval of the Memorandum of Understanding for the addition of Captains and Counselor Supervisors to the Correctional Supervisors (NP-8) Bargaining Unit, and who was not a member of the bargaining unit on or before December 3, 2001, shall receive longevity in accordance with the following schedule:
Years Amount
10 $159.00
15 $318.00
20 $477.00
25+ $636.00

D. Lump Sum Payment for Maximum Step Employees (Article 21, Section 9)

Effective June 28, 2002 and thereafter, those employees at the maximum rate of the salary schedule and those employees who will exceed the maximum rate of the salary schedule because of the receipt of an annual increment, will receive a salary adjustment, which exceeds the salary maximum, in the form of a lump sum payment. Lump sum payments will be effective on the employee's annual increment or anniversary date. The value of the lump sum payment will be two and one half percent (2.5%) of the employee's annual salary.

There will be no payment of the maximum rate lump sum payments for the 2005- 2006 contract year. For the second year of this agreement (2006-2007) the 2.5% lump sum payment to employees at the maximum step will be delayed six months. For the third year of this agreement (2007-2008) the 2.5% lump sum payment to employees at the maximum step will be delayed three months.
Captains and Counselor Supervisors will be eligible for the maximum rate lump sum payment.

E. Night Shift Differential (Article 21, Section 2[c])

Effective and retroactive to June 23, 2006, Captains and Counselor Supervisors whose assigned work shift begins anytime after 2:00 p.m. and before 6:00 a.m. will be eligible to receive shift differential. Night shift differential is eighty ($.80) cents per hour. Effective July 6, 2007, the shift differential will be eighty-five ($.85) cents per hour. Shift differential will only be paid when an employee is actually working.

F. Weekend Differential (Article 21, Section 3[d])

Effective and retroactive to June 23, 2006, Captains and Counselor Supervisors will be eligible to receive weekend differential. The weekend is defined as beginning with the start of the third shift on Friday and terminating with the end of the second shift on Sunday inclusive. Weekend differential will be paid for working a minimum of six hours on a shift as defined above.
Weekend differential is fifty-five ($.55) cents per hour. Effective July 6, 2007, the weekend differential will be sixty ($.60) cents per hour. The weekend differential will only be paid when an employee is actually working.

G. Hours of Work - On-Call Pay (Article 21, Section 4)

Employees who are required by the appointing authority to be "on standby" or "on call" in order to ensure "after hours" coverage must receive a written notification of this status. Pay for such status will be $1.00 per hour for all days on-call except for holidays. Holiday on-call payment will be $2.50 per hour.
Effective upon legislative approval of the Memorandum of Understanding, Captains and Counselor Supervisors will be eligible for on-call payments.

H. Hours of Work - Call Back (Article 21, Section 5)

Employees called back to duty after the completion of a regular shift will receive a minimum of four hours pay at the applicable overtime rate. This provision does not apply to employees who are called in prior to their regular starting time and work through a regular shift.

I. Facility Meal Reimbursement (Article 21, Section 7)

The meal reimbursement rate will be $7.00 for each shift actually worked. Effective June 23, 2006, the per meal rate will be the rate provided to the majority of correctional employees and will be adjusted in accordance with the rate provided to the majority of correctional employees. Based on this provision, the meal rate will increase to $8.00 effective June 23, 2006.
Captains and Counselor Supervisors will continue to be eligible for meal reimbursement under the above criteria, including the meal rate increase of June 23, 2006.

J. Educational Stipend (Article 21, Section 11)

Captains and Counselor Supervisors who have achieved a Bachelors degree in a job-related discipline from an accredited institution of higher learning and submitted adequate documentation of the degree will receive a five hundred dollar ($500) lump sum payment.
Captains and Counselor Supervisors will be eligible for the educational incentive payment on or about September 1, 2007.

IV. HOLIDAYS (Article 32, Section 9)

Each full-time Captain and Counselor Supervisor whose job does not require him/her to work on a holiday will ordinarily receive the holiday off and will receive his/her regular week's pay for the week in which the holiday falls. When such employee is called in to work on a holiday, he/she will receive compensatory time for the hours worked on the holiday, which will be at least the minimum call-back hours provided by Article 21 Section 5, in addition to the holiday pay for the day.
Article 19 Section 2 provides that Captains and Counselor Supervisors will receive overtime pay rather than compensatory time for additional hours worked. Therefore, the Captains and Counselor Supervisors will receive time and one half overtime pay for hours worked on the six holidays listed in Section 5 of Article 32 and will receive straight time overtime pay for hours worked on the other six holidays.

V. VACATION (Article 33)

A. Accrual Rates (Article 33, Section 1)

The following annual vacation leave will apply for employees in the bargaining unit as of December 3, 2001. This schedule will also apply to all employees in the bargaining unit who were in the classifications of Captain and/or Counselor Supervisor on or before the date of legislative approval of the Memorandum of Understanding for the addition of Captains and Counselor Supervisors to the Correctional Supervisors (NP-8) Bargaining Unit:
Years of Service Vacation Leave
10 years 15 days
11 years 16 days
12 years 17 days
13 years 18 days
14 years 19 days
15+ years 20 days
Vacation leave beyond fifteen days is granted as bonus day(s) each January 1st of the calendar year.
For all employees in the bargaining unit as of December 4, 2001, or any employees in the bargaining unit who do not meet the criteria set forth in the annual vacation leave schedule above, the following leave shall apply:
Years of Service Vacation Leave
Zero (0) to five (5) years One (1) day per month
Over five (5) and under twenty (20) One and one-quarter day per month
Over twenty years One and two-thirds day per month

B. Maximum Vacation Accrual (Article 33, Section 2)

The maximum accumulation of vacation time shall be sixty (60) days. However, for all Captains and Counselor Supervisors who have accumulated more than sixty (60) days of vacation time as of the date of legislative approval of this Memorandum of Understanding, such number of days shall be the maximum accumulation for those employees.
Lieutenants and Training Officers who were permitted a maximum accumulation greater than 60 days based upon their accumulation as of the date of legislative approval of the 2001-2005 contract shall continue to retain the same vacation accumulation maximum if they are promoted to Captain or Counselor Supervisor.

VI. LEAVE ACCRUAL AND POSTING (Article 37)

For Captains and Counselor Supervisors, leave accruals will continue to be recorded in hours and be based on eight (8) hours equaling one day.

VII. GROUP LIFE INSURANCE (Memorandum of Understanding)

Any employee who was a Captain or Counselor Supervisor on June 13, 2006 and who has group life insurance coverage in excess of the limitations of CGS Section 5-257 shall be allowed to continue such coverage while a member of the bargaining unit. Any employee who becomes a member of the bargaining unit after June 13, 2006 or who as of such date did not have group life insurance coverage in excess of the limitations of CGS Section 5- 257 shall be limited to the coverage provided in such section.

VIII. RETROACTIVE PAYMENTS

For the period June 23, 2006 through July 5, 2007, agency staff must calculate any retroactive payments. Checks dated July 20, 2007 should reflect updated additional compensation; e.g., shift differentials, overtime, etc., for the particular bi-weekly pay periods.
Payments will be separately identified and subject to mandatory deductions only; i.e., federal withholding tax and state income tax annualized, social security tax, retirement contributions and garnishments (if applicable).

A. Retroactive General Wage Increase

Effective Date Increase Period Covered Check Date
July 7, 2006 3% 07/07/06 - 07/05/07 07/20/07

B. Retroactive Annual Increments and Maximum Step Lump Sums
(delayed 6 months in fiscal year 2007)

Increment Date Period Covered Check Date
July 1, 2006 12/22/06 - 07/05/07 07/20/07

C. Retroactive Weekend and Night Shift Differentials

Retroactive Date Period Covered Check Date
June 23, 2006 06/23/06 - 07/05/07 07/20/07

IX. SCHEDULED PAYMENT DATES

A. General Wage Increase

The general wage increase will be made centrally at the proper time. Agency staff must review the Salary Change Mass Update by Plan/Pay Group Report and the Inactive and Transferred Employees Report.
Effective Date Pay Period Check Date
July 6, 2007 07/06/07 - 07/19/07 08/03/07

B. Annual Increments
(delayed 6 months in fiscal year 2007, delayed 3 months in fiscal year 2008)

Annual increments will be entered centrally at the proper time as follows:
Increment Date Pay Period Check Date
January 2007 06/22/07 - 07/05/07 07/20/07
July 2007 09/28/07 - 10/11/07 10/26/07
January 2008 03/28/08 - 04/10/08 04/25/08

C. Lump Sum Payments for Maximum Step Employees

The agency must process these lump sum payments manually and follow the effective dates and pay periods of annual increments. These payments are delayed for six months in fiscal year 2007, and delayed for three months in fiscal year 2008.

D. Educational Stipend

Captains and Counselor Supervisors will be eligible for the educational incentive payment on or about September 1, 2007.

X. CALCULATION OF INTEREST PENALTY

An interest penalty of 5% is payable for the period April 20, 2007 until the date the eligible employee receives all the retroactive amounts due him/her under the arbitration award.

* In the example below, the check date of July 20, 2007 is being used. Agencies must calculate to the actual check date of payment.
Retroactive Payments from April 20, 2007 through * July 20, 2007
91 days/360 days multiplied by 5% multiplied by the lump sum payment.

Example: If the lump sum amount was $300:

91 days/360 days x .05 x $300 = $3.79

Multiply the retroactive lump sum amount paid by the number of days between April 20, 2007 and the date of the payment, July 20, 2007 (which is 91 days) divided by 360, then the product multiplied by 5%.

XI. PAYROLL PROCEDURES

A. Payment of Retroactive Salary Increases and Retroactive Annual Increments and Retroactive Lump Sums

On the Timesheet Page: Amount, Time Reporting Code XRTRA
On the Additional Pay Page: Amount, Earnings Code RTR

B. Implementation of General Wage Increase

New pay plans will be implemented centrally with the new hourly rate and
bi-weekly salary effective with the pay period, at the proper time.

C. Payment of Lump Sum(s)

On the Timesheet Page: Amount; Time Reporting Code XMISP
On the Additional Pay Page: Amount; Earnings Code MPS
These lump sum payments are subject to mandatory deductions; i.e., federal withholding and state income tax annualized, social security tax, retirement contributions, and garnishments (if applicable).

D. Interest Arbitration Award

On the Timesheet Page: Amount; Time Reporting Code XINTA
On the Additional Pay Page: Amount; Earnings Code INT
Agencies should use Account 50740, Interest Penalty - Payroll Awards as the expenditure account code.
Interest paid on a wage award is not considered wages (IRS Revenue Ruling 72- 268). Therefore, the subject interest penalty would not be subject to withholding for income taxes, employment taxes, and retirement contributions.

E. Shift Differentials

On the Timesheet Page: Hours; Shift 1; Account 50180 or
Hours; Shift 2 (Time and a Half); Account 50180 or
Amount; Shift 3; Account 50180
On the Additional Pay Page: Amount; Earnings Code SD1 (Shift1); Account 50180 or
Amount; Earnings Code SD2 (Shift 2); Account 50180 or
Amount; Earnings Code SD3 (Shift 3); Account 50180
Applicable changes will be made centrally at proper time.

F. Night Shift Differential

On the Timesheet Page: Hours; Time Reporting Code XSHKF
On the Additional Pay Page: Hours; Earnings Code F71

G. Weekend Differential

On the Timesheet Page: Hours; Time Reporting Code XWDH
On the Additional Pay Page: Hours; Earnings Code WD8

H. On-Call Pay

On the Timesheet Page: Amount; Time Reporting Code XOCXA
On the Additional Pay Page: Amount; Earnings Code OCA

I. Call Back

On the Timesheet Page: Hours; Time Reporting Code XCBPH
On the Additional Pay Page: Hours; Earnings Code CBP

J. Educational Stipend

On the Timesheet Page: Amount; Time Reporting Code XMISP
On the Additional Pay Page: Amount; Earnings Code MPS

XII. GENERAL

Questions may be directed as follows:
Payroll Procedures: Office of the State Comptroller, Payroll Services Division,
(860) 702-3463;
Contract Issues: Agency Personnel Officers;

Memorandum Interpretation: Office of the State Comptroller, Fiscal Policy Division, (860) 702-3440.

NANCY WYMAN
STATE COMPTROLLER

NW:RE

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