House Bill 632

AN ACT TO PROVIDE THAT IF AN EMPLOYEE WAS LEGALLY ENTITLED TO A PAY INCREASE WHEN SEC2 WAS IMPLEMENTED BY THE MISSISSIPPI STATE PERSONNEL BOARD ON JANUARY 1, 2022, AND FUNDED BY THE MISSISSIPPI LEGISLATURE EFFECTIVE JULY 1, 2022, BUT THAT EMPLOYEE'S AGENCY DID NOT SUBMIT THE REQUIRED DOCUMENTATION TO THE MSPB FOR THE EMPLOYEE'S PAY INCREASE TO TAKE EFFECT ON JULY 1, 2022, OR THAT AGENCY SENT A LETTER TO THE EMPLOYEE WITH INCORRECT INFORMATION THAT STATED THE EMPLOYEE WAS LEGALLY ENTITLED TO MORE MONEY THAN WHAT HE OR SHE WAS ACTUALLY ENTITLED, THEN THAT EMPLOYEE SHALL BE ENTITLED TO RECEIVE THE AMOUNT THEY WOULD HAVE RECEIVED IF THE AGENCY HAD SUBMITTED THE DOCUMENTATION TO THE MSPB IN A TIMELY MANNER OR THE AMOUNT THAT THEY WERE TOLD THEY WOULD RECEIVE FROM THE AGENCY; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. If an employee was legally entitled to a pay increase when SEC2 was implemented by the Mississippi State Personnel Board (MSPB) on January 1, 2022, and funded by the Mississippi Legislature effective July 1, 2022, but that employee's agency did not submit the required documentation to the MSPB for the employee's pay increase to take effect on July 1, 2022, or that agency sent a letter to the employee with incorrect information that stated the employee was legally entitled to more money than what he or she was actually entitled, then that employee shall be entitled to receive the amount they would have received if the agency had submitted the documentation to the MSPB in a timely manner or the amount that they were told they would receive from the agency. When appropriating the money, the Legislature provided that "It shall be the agency's responsibility to ensure that the funds are used to increase all employees' salaries up to the minimum level as determined by the State Personnel Board." Because some agencies failed in fulfilling this responsibility, such payment shall be considered back pay due but unpaid because of an administrative error, which is not in violation of Section 96 of the Mississippi Constitution.

SECTION 2. This act shall take effect and be in force from and after its passage.