Chairperson Munsell recognized the reappointment of Richard Warner to the Employment Relations Board for a term expiring April 30, 2008, and thanked him for his dedicated service and contributions.

On motion duly made and supported, the Commission approved the minutes of May 17, 2005.

Chairperson Munsell noted for the record that there were no amendments to the agenda.

Unclassified Position Report: Civil Service Commission Rules require the State Personnel Director to report on the establishment or abolishment of positions in the state unclassified service. There were no requests for establishment or abolishment of positions since the last Commission meeting.

Regulations: Civil Service Commission Rules require that the State Personnel Director report to the Commission on the promulgation of regulations, which are issued to further implement Commission rules.

Regulation 2.04, Military Leaves of Absence and Return to Work: Basic Rights
Effective May 22, 2005

This is a new regulation that establishes basic employment and return-to-work rights and benefits for classified employees who are absent due to service in the uniformed services. The rights and benefits are similar to those granted under federal law (i.e., the Uniformed Services Employment and Reemployment Rights Act of 1994, or USERRA).

Regulation 5.16, Correcting Compensation Errors
Effective June 19, 2005

This regulation was amended to specify that all compensation is subject to review, audit, and correction by both the appointing authority and the Department of Civil Service. The regulation also requires an appointing authority or the Department of Civil Service to recover any overpayment from the employee (unless the Department of Civil Service authorizes a waiver because it is not cost effective to recover the overpayment); provides that if an employee is overpaid, the employee must repay the state for up to 26 pay periods of overpayment (if the employee is overpaid as a result of employee fraud or misrepresentation, the employee is liable for the entire overpayment--regardless of duration, and is also subject to discipline, civil suit, or criminal action); and also provides that if an employee is underpaid, the appointing authority must pay the employee within four pay periods after discovering the underpayment. An employee is limited to recovering 26 pay periods of retroactive compensation.

Regulation 5.18, Complaints About Benefits
Effective June 19, 2005

Amendments to this regulation expand the complaint procedure for the self-funded group insurance plans and also specify when an employee may file a complaint directly with the Department of Civil Service.

Regulation 5.20, Correcting Benefit Errors
Effective June 19, 2005

This new regulation addresses benefits under group insurance plans and qualified pre-tax plans. It provides that all benefits are subject to review, audit, and correction by the Department of Civil Service (DCS) and that employees are required to document or verify employee and dependent eligibility for group insurance benefits. The regulation also requires employees to repay the state for up to 26 pay periods of "excess benefit costs" (costs paid by the state that are not authorized; e.g., medical costs paid for a dependent who was not eligible for coverage) incurred as a result of error. In addition, the DCS can recover any "improper reimbursements" received by employees under qualified pre-tax plans (e.g., medical care spending accounts). Furthermore, this regulation requires the DCS to reimburse employees for any "unpaid benefit" if specific criteria are met.

Regulation 6.04, Determination of Exclusive Recognition
Effective May 22, 2005

The amendment to this regulation is in regard to information on the form required for petition for election. The form includes a place for the employee's identification number (any form submitted to the State Personnel Director before January 1, 2006, may include a place for the employee's social security number rather than, or in addition to, the employee's identification number).

In addition, although an increase in mileage reimbursement rates was not part of the original Resolution, Ms. Wilson requested an amendment to the Resolution to reflect an increase in the premium mileage rate for use of private vehicles, tied to the temporary increase in the private vehicle rate announced by the IRS on September 9. The IRS increased the private vehicle rate to 48.5 cents effective September 1, 2005, through December 31, 2005.

The amendment requested by DMB will temporarily increase the state's premium mileage rate for private vehicles from 40.5 cents to 48.5 cents, effective September 1, 2005, through December 31, 2005. The standard mileage rate will remain the same. DMB's recommendation for fiscal year 2006 travel reimbursement rates will be brought back for Commission consideration and approval at its December 13, 2005, meeting.

On motion duly made and supported, the Commission approved the amendment to Resolution 5a. to temporarily increase the state premium vehicle mileage rate to 48.5 cents, effective September 1, 2005, through December 31, 2005. On a separate motion duly made and supported, the Commission approved item 5a., as amended.