TITLE 1: GOVERNMENT
DIVISION 8: PUBLIC EMPLOYMENT
§ 8214. Within-Grade Increase and Merit Award. The within-grade increases and merit awards authorized by this Chapter may be granted based upon the availability of funds. If the Governor determines that funds are not available and so announces by directive, the resultant missed increase will not be subject to retroactive payment. If funds are available, an employee may be granted a one step, within-grade increase upon the completion of each year (52 consecutive calendar weeks) of sustained satisfactory work performance. Accumulated hours of leave without pay (LWOP) will delay the scheduled granting of a within-grade increase. An employee may be awarded, in addition, a merit award (a one-time payment equal to the amount of the next one step increase in the employee's base salary) by achieving an overall performance rating of "Exceptional" upon completion of the fifty-two consecutive calendar weeks of sustained exceptional work performance corresponding to the employee's anniversary year. The merit award is a one-time performance award payment and not a salary step increase. Such additional merit award shall not alter the employee's waiting period required for qualifying for the next withingrade increase. Employees at the maximum step of their pay level cannot receive an additional within-grade increase but may be eligible to receive a 5% merit award. If an appointing authority does not act on a scheduled within-grade increase within 60 days of the due date, such increase may be grieved to the Civil Service Commission through the regulatory grievance procedure. All requests for within-grade increases or merit awards shall be acted on within 90 days after the request and all supporting documents are received by the Office of Personnel Management. Requests not acted on by the Office of Personnel Management within the 90 days may be grieved to the Civil Service Commission through the regulatory grievance procedure. The Civil Service Commission shall establish rules and regulations providing for the awarding of all step increases and merit awards. Source: PL 7-31, § 4, modified (repealing PL 6-23, § 1 (§ 8214), which had previously repealed PL 3-15, § 202); amended by PL 8-6, § 3, modified; repealed and reenacted by PL 19-83 §§ 2–3 (Jan. 20, 2017), modified. Commission Comment: The Commission numbered this section pursuant to 1 CMC § 3806(a). The Commission substituted “this Chapter” for “this statute” pursuant to 1 CMC § 3806(d). The Commission changed capitalization for the purpose of conformity pursuant to 1 CMC § 3806(g).