LD 1319
pg. 2
Page 1 of 423 An Act Making Unified Appropriations and Allocations for the Expenditures of St... Page 3 of 423
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LR 2000
Item 1

 
action necessary to ensure compliance with this section except
as provided for in this section and section 6 in this Part.

 
An appointing authority shall comply with the Civil Service
Laws, rules and regulations and collective bargaining
agreements pertaining to the hiring, promoting, demoting and
bumping of state employees. The Legislature shall act upon
any recommendation for additional appropriations or
allocations in order to fund additional requirements created
by complying with this paragraph.

 
Except as indicated below, savings accruing from unused
funding of employee benefits may not be used to increase
services provided by employees. Except as indicated below,
accrued salary savings generated from vacant positions within
an appropriation or allocation for Personal Services may be
used for the payment of nonrecurring Personal Services costs
within the account where the savings exist. In the 2004-2005
biennium only, accrued savings generated from vacant positions
within a General Fund account's appropriation for Personal
Services may be used to offset Personal Services shortfalls in
other General Fund accounts that occur as a direct result of
Personal Services appropriation reductions for projected
vacancies provided that the transfer of such accrued savings
is subject to review by the Joint Standing Committee on
Appropriations and Financial Affairs. Costs related to acting
capacity appointments and emergency, unbudgeted overtime for
which it is impractical to budget in advance may be used with
the approval of the appointing authority. Other actions such
as retroactive compensation for reclassifications or
reallocations and retroactive or one-time settlements related
to arbitrator or court decisions must be recommended by the
department of agency head and approved by the State Budget
Officer. Salary and employee benefits savings may not be used
to fund recurring Personal Services actions either in the
account where the savings exist or in another account.

 
The amounts appropriated or allocated for Personal Services
include funds for the State's share of state employees'
retirement. The State Controller shall transfer the State's
share to the Maine State Retirement System as soon as
practicable after each payroll is paid.

 
Sec. A-4. Workers' compensation positions. Limited-period positions may
be established for former regular employees of the State who
are presently receiving workers' compensation payments for the
State when that action will enable those employees to return
to productive employment with the State. These positions may
be established, providing funds are available, only until
those employees can be returned to regular positions.


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