RULES OF THE - Florida Department of Management Services



RULES OF THE

DEPARTMENT OF MANAGEMENT SERVICES

PERSONNEL MANAGEMENT SYSTEM

CHAPTER 60L-8

SALARY UNDERPAYMENTS AND OVERPAYMENTS

60L-8.001 Purpose.

60L-8.002 Authority.

60L-8.003 Definitions.

60L-8.004 Policy.

60L-8.005 Procedures.

60L-8.0051 Payroll Corrections Due To Administrative Errors.

60L-8.006 Reporting Requirements.

60L-8.001 Purpose.

The purpose of this rule is to establish or reference procedures to be used when the compensation of an employee is in violation of any provision of the Personnel Rules and Regulations of the Career Service System (60K, F.A.C.), or salary setting provisions by the Department of Management Services in accordance with Section 216.251, and 110.205(2), F.S., or provisions specifically included in legislation, and results in an employee being underpaid or overpaid, and the procedures to be followed in correcting such actions.

Specific Authority 20.05(5) FS. Law Implemented 110.209(1), 110.205(2), 216.251 FS. History--New 4-3-77, Amended 6-29-80, Formerly 22K-10.01, 22K-10.001.

60L-8.002 Authority.

(1) Section 110.209(1), Florida Statutes, provides that the Department of Management Services shall establish and maintain an equitable pay system which shall be applicable to all positions in the Career Service System.

(2) Section 110.205(2), Florida Statutes, provides that the Department of Management Services shall set or approve the salary of certain positions exempted from the Career Service System as delineated therein.

(3) Section 216.251, Florida Statutes, provides that the salary for each position not specifically indicated in the appropriation acts shall be determined in accordance with the classification and pay plan provided for in Chapter 110, Florida Statutes, or in accordance with one of the other classification and pay plans referred to therein.

(4) Chapter 60K-2, Personnel Rules and Regulations, F.A.C., provides that all employees shall be paid in accordance with the rates shown in the official Salary Schedule unless otherwise noted in Chapter 60K-4, F.A.C.

Specific Authority 20.05(5) FS. Law Implemented 110.209(1), 216.251, 110.205(2) FS. History--New 4-3-77, Amended 6-29-80, Formerly 22K-10.02, 22K-10.002, Amended 10-24-94.

60L-8.003 Definitions.

For the purpose of this rule, the following definitions will apply:

(1) Underpayment - Compensation which is less than the minimum that was authorized for payment in conformity with the provisions of the Personnel Rules and Regulations of the Career Service System, 60L-8, F.A.C., Sections 216.251 and 110.205(2), Florida Statutes, or specific legislative or Department of Management Services approval.

(2) Overpayment - Compensation which is greater than the maximum that was authorized for payment in conformity with the provisions of the Personnel Rules and Regulations of the Career Service System, 60L-8, F.A.C., Sections 216.251 and 110.205(2), Florida Statutes, or specific legislative or Department of Management Services approval.

(3) All other terms shall have the meanings as defined in Section 216.011, F.S.

Specific Authority 20.05(5) FS. Law Implemented 110.209(1), 216.251, 110.205(2) FS. History--New 4-3-77, Amended 6-29-80, Formerly 22K-10.03, 22K-10.003, Amended 10-24-94.

60L-8.004 Policy.

(1) When an employee receives an underpayment, the exact amount of the underpayment shall be paid the employee, or former employee, if the employee has terminated from state government, in accordance with the provisions of these rules.

(2) When an employee receives an overpayment, the exact amount of the overpayment shall be reclaimed from the employee, or former employee, in the event the employee has terminated from state government, in accordance with the provisions of these rules and the law and rule referred to in Section 60L-8.005(3).

(3) Actions taken by the state to correct underpayments or overpayments provided for in this rule will be limited to a two (2) year period immediately following the date of payment.

(4) Overpayment or underpayment provisions contained in this rule do not apply to classification, reclassification or change taken by an agency or the department in accordance with the provisions of Chapter 60K-1, F.A.C.

Specific Authority 20.05(5) FS. Law Implemented 110.209(1), 95.11(4)(c) FS. History--New 4-3-77, Amended 6-29-80, Formerly 22K-10.04, 22K-10.004, Amended 10-24-94.

60L-8.005 Procedures.

(1) When and underpayment occurs, the agency head shall take the following actions:

(a) Notify the employee of the error in writing including an explanation of how the error occurred and a statement of how the employee's salary is being corrected and that the employee will be reimbursed in an amount equal to the underpayment unless budgetary limitations preclude such reimbursement. Such notification may be by a copy of the payroll information furnished the State Comptroller for the payment, or used to make the payroll change, provided such information contains the explanation above. If budgetary limitations preclude full reimbursement, the agency head shall notify the Department of Management Services and the Office of Comptroller of the agency's inability to reimburse the employee, the specific reasons such payment is not possible, and the course of action that is proposed to compensate the employee properly.

(b) Immediately effectuate a payroll change to correct the employee's salary to the correct amount for future pay periods.

(2) When an overpayment occurs, the agency head shall take the following action:

(a) Notify the employee of the error in writing, including an explanation of how the error occurred and a statement of how the employee's salary is being corrected and that the amount of overpayment must be reclaimed.

(b) Make arrangements with the employee to reclaim the amount of overpayment.

(c) Furnish the Office of Comptroller with the information explaining the error and the arrangements for reclaiming the amount of overpayment.

(d) Immediately effectuate a payroll change to correct the employee's salary to the correct amount for future pay periods.

(3) If an underpayment or overpayment is discovered after the employee has terminated state employment, or retired from state government, the agency head shall notify the former employee, by certified mail, return receipt requested, of the error, and the appropriate action to be taken by the agency or the former employee with copies to the Department of Management Services and the Office of Comptroller. If no response is received, or if the employee refuses to submit the repayment, every reasonable effort must be made to collect the overpayment and notification of refusal must be furnished to the Office of Comptroller for appropriate action in accordance with Section 17.04, Florida Statutes, and Department of Banking and Finance Rule No. 3A-30.062, F.A.C.

(4) For all overpayments and for any underpayments of $100.00 or more, the Office of Comptroller must be furnished full information for all pay periods in which the overpayment or underpayment occurred. The reimbursement, or request to pay the employee, must be made to the Office of Comptroller in accordance with the rules prescribed by that office.

Specific Authority 20.05(5) FS. Law Implemented 110.209(1), 17.04 FS. History--New 4-3-77, Amended 6-29-80, Formerly 22K-10.05, 22K-10.005, Amended 10-24-94.

60L-8.0051 Payroll Corrections Due to Administrative Errors.

(1) A payroll correction shall be made by an agency to provide a salary adjustment effective on the date of eligibility of the employee if processed within 24 months following the pay period in which the employee was to have received the increase if the error does not exceed two thousand ($2,000) dollars for the employee.

(2) If any corrective action is taken under the above provisions, any overtime payments made during the period when the employee was paid in error shall be recalculated using the correct rate of pay.

Specific Authority 110.209(3), 110.201 FS. Law Implemented 110.209 FS. History--New 10-24-94.

60L-8.006 Reporting Requirements.

(1) The agency head shall notify the Department of Management Services of all overpayments or underpayments as they are discovered by the agency and shall report the resolution of each such error. A copy of any notice or report required by other sections of these rules may be used to satisfy this requirement.

(2) If the error is brought to the attention of the agency head by the Department of Management Services, a report of resolution shall be submitted to the Department of Management Services.

(3) All reports of resolution shall be made to the Department of Management Services within 10 calendar days after the matter has been resolved. A copy of any notice or report provided to the Department of Banking and Finance pursuant to Section 17.04, Florida Statutes, or Section 3A-30.062, F.A.C., shall be sufficient to satisfy this requirement.

(4) Failure to comply with the provisions of these rules shall be reported to the Administration Commission when required by the provisions of Section 60K-10.002(8), Personnel Rules and Regulations, F.A.C.

Specific Authority 20.05(5) FS. Law Implemented 110.209(1) FS. History--New 4-3-77, Formerly 22K-10.06, 22K-10.006, Amended 10-24-94.

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