63.28.      (BCB: Employee Pay)  The amounts appropriated to the Budget and Control Board for Employee Pay Increases must be allocated by the board to the various state agencies to provide for employee pay increases in accordance with the following plan:
     1.      With respect to classified and non judge judicial classified employees, effective on the first pay date that occurs on or after July 1 of the current fiscal year, the compensation of all classified employees shall be increased by 1.5%.
     In addition, the Budget and Control Board shall distribute funds appropriated for a merit increase so as to provide for an average 1% merit increase for classified and non judge judicial classified employees, effective on the beginning of the pay period coincident with or immediately following the employee's performance review date.  The amount of the merit increase shall be based on the most recent Employee Performance Management System (EPMS) evaluation and shall be determined based on a plan developed by the agency director.  An employee may file a grievance if the employee receives less than "meets performance" on the employee performance review or is denied a merit increase based on performance.
     2.      With respect to unclassified and non judge judicial unclassified employees or unclassified executive compensation system employees not elsewhere covered in this act, effective on the first pay date that occurs on or after July 1 of the current fiscal year, each agency is authorized to allot the total funds for compensation increases among individual employees without uniformity.  The funds provided for compensation increases for any employees subject to the provisions of this paragraph are based on an annual average  2% increase.  All of the salaries are subject to the provisions of Section 72.29 of Part IB of this act and Office of Human Resources' approval must be obtained before any employees subject to the provisions of this paragraph may be granted an annual pay increase in excess of the guidelines established by the Budget & Control Board.  Any employee subject to the provisions of this paragraph shall not be eligible for compensation increases provided in paragraphs 1, 3, 4, 5, 6, or 7.
     3.      With respect to agency heads covered by the Agency Head Salary Commission, the Agency Head Salary Commission shall recommend to the Budget and Control Board salary increases for agency heads.  Agency head increases shall be effective on the first pay date that occurs on or after January 1 of the current fiscal year.  No agency head shall be paid less than the minimum of the pay increase range nor receive a salary increase that would have the effect of raising the salary above the maximum of the pay range.
     4.      Effective on the first pay date that occurs on or after July 1 of the current fiscal year, agency heads not covered by the Agency Head Salary Commission, shall receive an annualized base pay increase of 2%.
     5.      With respect to local health care providers, the funds provided for compensation increases shall be based on an annual average 2% increase, effective on the first pay date that occurs on or after July 1 of the current fiscal year.
     6.      Effective on the first pay date that occurs on or after July 1 of the current fiscal year, the Chief Justice and other judicial officers shall receive an annualized base pay increase of 2%.
     7.      With respect to Medicaid eligibility workers employed by the Department of Social Services, compensation and merit increases shall be provided in the same manner as that provided for classified employees in paragraph 1.

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