<section article="gsp" article_name="State Personnel and Pensions" number="8-101" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="1" subtitle_name="Pay Plans"> <level label="a"> <text>There is a Standard Pay Plan and an Executive Pay Plan for this State, as established by the Secretary with the approval of the Governor and as amended or adjusted in accordance with this subtitle.</text> </level> <level label="b"> <text>The purpose of the pay plans is to provide employees in positions that involve comparable effort, knowledge, responsibilities, skills, and working conditions with comparable pay according to the relative value of services to be performed.</text> </level> <level label="c"> <text>A pay plan is effective for a fiscal year only to the extent that sufficient money is available in the State budget for that purpose.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-102" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="1" subtitle_name="Pay Plans"> <level label="a"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the pay plans established under this subtitle shall include:</text> <level label="i"> <text>all positions in the State Personnel Management System; and</text> </level> <level label="ii"> <text>all other positions for which the Secretary has authority to administer pay.</text> </level> </level> <level label="2"> <text>The pay plans established under this subtitle do not apply to:</text> <level label="i"> <text>any position for which the pay is provided for by the Maryland Constitution;</text> </level> <level label="ii"> <text>any position for which the pay is based, by law, on judicial pay; and</text> </level> <level label="iii"> <text>except as provided in subsection (b) of this section, a position for which the pay is set by a unit with independent pay-setting authority.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>The Executive Pay Plan shall include each permanent position in the Executive Branch of State government, including each permanent position in the Governor's office, that is not included in the Standard Pay Plan and has a pay rate equal to or exceeding the lowest pay rate in the Executive Pay Plan.</text> </level> <level label="2"> <text>In addition, and notwithstanding any other law, the Governor may include in the Executive Pay Plan any executive management position in a unit in the Executive Branch with independent pay-setting authority, except a position in the University System of Maryland, Morgan State University, or St. Mary's College.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-103" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="1" subtitle_name="Pay Plans"> <level label="a"> <text>Subject to the approval of the Governor, the Secretary shall adopt regulations to carry out this subtitle.</text> </level> <level label="b"> <level label="1"> <text>Subject to § 2–1257 of the State Government Article, the Secretary shall submit to the Department of Legislative Services, on or before July 15, October 15, January 15, and April 15 of each fiscal year:</text> <level label="i"> <text>a list of the position, pay grade and step, title, name, and pay rate of each employee who was included in the Executive Pay Plan as of the last day of the preceding fiscal quarter; and</text> </level> <level label="ii"> <text>the details of any lump–sum increases given to employees in the Executive Pay Plan during the preceding fiscal quarter.</text> </level> </level> <level label="2"> <level label="i"> <text>The quarterly reports required under paragraph (1) of this subsection shall include each flat–rate employee position in the Executive Pay Plan.</text> </level> <level label="ii"> <text>Each flat–rate employee position included in the quarterly reports under subparagraph (i) of this paragraph shall be assigned a unique identifier that:</text> <level label="1"> <text>describes the program to which the position is assigned for budgetary purposes; and</text> </level> <level label="2"> <text>corresponds to the position identification number used in the budget data provided annually by the Secretary to the Department of Legislative Services.</text> </level> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-104" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="1" subtitle_name="Pay Plans"> <level label="a"> <level label="1"> <text>Pay rates in the Standard Pay Plan may be set by:</text> <level label="i"> <text>a series of pay grades and steps within each grade;</text> </level> <level label="ii"> <text>fixed rates; or</text> </level> <level label="iii"> <text>minimum and maximum amounts.</text> </level> </level> <level label="2"> <text>Pay rates in the Executive Pay Plan may be set by:</text> <level label="i"> <text>a series of executive pay grades and steps within each grade;</text> </level> <level label="ii"> <text>fixed rates; or</text> </level> <level label="iii"> <text>minimum and maximum amounts.</text> </level> </level> </level> <level label="b"> <text>In setting or amending a pay rate, the Secretary shall consider:</text> <level label="1"> <text>the prevailing pay rates for comparable services in private and public employment;</text> </level> <level label="2"> <text>experience;</text> </level> <level label="3"> <text>living costs;</text> </level> <level label="4"> <text>benefits; and</text> </level> <level label="5"> <text>the financial condition and policies of this State.</text> </level> </level> <level label="c"> <text>A pay rate in either pay plan is subject to any limitations included in the State budget.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-105" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="1" subtitle_name="Pay Plans"> <level label="a"> <text>This section applies only to the Standard Pay Plan.</text> </level> <level label="b"> <text>With the approval of the Governor, the Secretary may amend the Standard Pay Plan to increase pay rates for specific classes to:</text> <level label="1"> <text>recruit or retain competent personnel; or</text> </level> <level label="2"> <text>ensure that pay rates adequately compensate for the effort, knowledge, responsibility, skills, and working conditions of employees in the class.</text> </level> </level> <level label="c"> <text>If an amendment affects a position in the Executive Branch that is listed in the budget bill in accordance with § 7-109 of the State Finance and Procurement Article, the amendment is contingent on the approval of the Board of Public Works.</text> </level> <level label="d"> <text>An amendment to the Standard Pay Plan may not take effect unless sufficient money is available in the budget to cover the resulting pay rates.</text> </level> <level label="e"> <level label="1"> <text>Subject to § 2-1257 of the State Government Article, the Secretary shall report all amendments to the Standard Pay Plan to the General Assembly on or before the 15th day of the next regular legislative session.</text> </level> <level label="2"> <text>If the General Assembly rejects an amendment, the appropriate reduction in pay rates takes effect as of the next fiscal year.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-106" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="1" subtitle_name="Pay Plans"> <level label="a"> <text>This section applies only to the Standard Pay Plan.</text> </level> <level label="b"> <text>The regulations adopted under this subtitle shall provide for automatic increases, from minimum to maximum steps in a pay grade, of the pay rates set by the Standard Pay Plan for an employee whose overall performance is rated satisfactory or above on the employee’s annual performance appraisal.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-107" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="1" subtitle_name="Pay Plans"> <level label="a"> <text>This section applies only to employees whose positions are in the Standard Pay Plan.</text> </level> <level label="b"> <text>An employee in the Standard Pay Plan shall be denied a pay increase in any year if:</text> <level label="1"> <text>an appointing authority has imposed the denial as a disciplinary action under Title 11, Subtitle 1 of this article; or</text> </level> <level label="2"> <text>the appointing authority denies the increase because of:</text> <level label="i"> <text>an extension of an employee's period of probation under § 7-403 of this article;</text> </level> <level label="ii"> <text>lack of productivity; or</text> </level> <level label="iii"> <text>excessive, unexcused absenteeism.</text> </level> </level> </level> <level label="c"> <text>An employee may not be denied a pay increase for reasons of performance that adversely affects the value of the employee to this State unless substantial reasons of performance were cited on the employee’s midyear or final performance appraisal forms.</text> </level> <level label="d"> <text>An employee who is denied a pay increase under this section may appeal the denial under the appeal procedures for disciplinary actions in Title 11 of this article.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-108" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="1" subtitle_name="Pay Plans"> <level label="a"> <text>This section applies only to the Executive Pay Plan.</text> </level> <level label="b"> <level label="1"> <text>An increase in a pay rate under this subsection shall be based on the employee’s performance.</text> </level> <level label="2"> <text>For or during a fiscal year, the head of a unit may recommend an increase in an employee’s pay rate above the rate for the previous fiscal year in the same grade in accordance with guidelines promulgated by the Secretary, provided that funds are available.</text> </level> </level> <level label="c"> <level label="1"> <text>A pay increase under this subsection may be made to recruit or retain competent employees or to recognize increased duties and responsibilities.</text> </level> <level label="2"> <text>Subject to the approval of the Governor, the Secretary may approve:</text> <level label="i"> <text>a change in pay grade;</text> </level> <level label="ii"> <text>a change from one class in a series to a different class in the same series;</text> </level> <level label="iii"> <text>a new class or position; or</text> </level> <level label="iv"> <text>another form of pay increase.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-109" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="1" subtitle_name="Pay Plans"> <level label="a"> <text>Subject to the approval of the Governor, the Secretary at any time may decrease the pay rate for any class included in:</text> <level label="1"> <text>the Standard Pay Plan; or</text> </level> <level label="2"> <text>except for a position for which pay is set by a unit with independent pay-setting authority, the Executive Pay Plan.</text> </level> </level> <level label="b"> <text>A decrease of a pay rate under this section applies to all employees in the affected class.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-201" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="2" subtitle_name="Special Pay Provisions"> <level label="a"> <text>This section applies to all employees in the State Personnel Management System.</text> </level> <level label="b"> <level label="1"> <text>An employee subject to this section is entitled to extra pay, known as shift differential pay, if the employee:</text> <level label="i"> <text>is employed in a position designated for this purpose; and</text> </level> <level label="ii"> <text>works on a shift that starts on or after 2:00 p.m. and on or before 1:00 a.m.</text> </level> </level> <level label="2"> <text>A State-employed fire fighter is entitled to shift differential pay for qualifying hours if the fire fighter works on a shift of at least 8 hours, regardless of the time that the shift starts.</text> </level> </level> <level label="c"> <level label="1"> <text>The Secretary shall adopt regulations for the payment of shift differential pay.</text> </level> <level label="2"> <text>The regulations adopted under this section shall provide for fairness and equity among all employees in consideration of:</text> <level label="i"> <text>the hours worked;</text> </level> <level label="ii"> <text>conditions and places of employment;</text> </level> <level label="iii"> <text>prevailing practices in the locality; and</text> </level> <level label="iv"> <text>other factors that the Secretary considers relevant under the circumstances.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-202" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="2" subtitle_name="Special Pay Provisions"> <level label="a"> <text>An employee of the State Fire Marshal's Office is entitled to extra pay, known as hazardous duty pay, if the employee works as a member of a bomb squad or as an explosives technician.</text> </level> <level label="b"> <text>Hazardous duty pay under this section shall be set by the Secretary in an amount not to exceed $150 a month.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-203" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="2" subtitle_name="Special Pay Provisions"> <level label="a"> <level label="1"> <text>This subsection applies to employees in the Maryland Department of Health who:</text> <level label="i"> <text>have direct contact with patients; and</text> </level> <level label="ii"> <text>are in a position classified in one of the following bargaining units:</text> <level label="1"> <text>Bargaining Unit D for Health and Human Services Non–Professionals;</text> </level> <level label="2"> <text>Bargaining Unit E for Health Care Professionals;</text> </level> <level label="3"> <text>Bargaining Unit F for Social and Human Services Professionals;</text> </level> <level label="4"> <text>Bargaining Unit G classified as a teacher or a librarian; or</text> </level> <level label="5"> <text>Bargaining Unit H for Public Safety and Security Personnel.</text> </level> </level> </level> <level label="2"> <text>The pay rate for an employee at the Clifton T. Perkins Hospital who is not receiving a forensic pay premium shall be at least two grades higher than the employee’s pay rate effective June 30, 2020.</text> </level> <level label="3"> <text>Notwithstanding any other provision of law, the pay rate for an employee in the Behavioral Health Administration or the Developmental Disabilities Administration shall be equal to the pay rate effective July 1, 2020, for similarly trained, qualified, or licensed employees at the Clifton T. Perkins Hospital if the employee works at:</text> <level label="i"> <text>a facility that had a forensic admission rate greater than 75% for the immediately preceding fiscal year; or</text> </level> <level label="ii"> <text>the Regional Institutes for Children and Adolescents – Baltimore and Rockville.</text> </level> </level> <level label="4"> <text>This subsection may not be construed to decrease the pay rate of any employee.</text> </level> </level> <level label="b"> <level label="1"> <text>For any facility that had a forensic admission rate greater than 75% for the immediately preceding fiscal year, the facility shall:</text> <level label="i"> <text>beginning July 1, 2020, ensure that any new employees hired for a security personnel position at the facility are employed in a Security Attendant position;</text> </level> <level label="ii"> <text>beginning July 1, 2020, reclassify any employee in a Building Security Officer position into a Security Attendant position on the successful completion by the employee of a correctional training course approved by the Correctional Training Commission under Title 8, Subtitle 2 of the Correctional Services Article; and</text> </level> <level label="iii"> <text>beginning July 1, 2021, ensure that the Security Attendant employee–to–patient ratio is not less than:</text> <level label="1"> <text>one Security Attendant employee for every three patients in maximum security facilities; and</text> </level> <level label="2"> <text>one Security Attendant employee for every 12 patients in minimum security facilities.</text> </level> </level> </level> <level label="2"> <text>This subsection may not be construed to eliminate the position, or decrease pay, of any employee in a Building Security Officer position who chooses not to participate in, or fails, a correctional training course approved by the Correctional Training Commission under Title 8, Subtitle 2 of the Correctional Services Article.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-301" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="3" subtitle_name="Overtime Compensation"> <level label="a"> <text>Except as provided in subsection (b) of this section, in § 8–309 of this subtitle, or otherwise by law, this subtitle applies to all employees over whom the Secretary has authority to administer pay.</text> </level> <level label="b"> <text>This subtitle does not apply to a law enforcement employee of:</text> <level label="1"> <text>the Field Enforcement Bureau of the State Comptroller’s Office; or</text> </level> <level label="2"> <text>the Field Enforcement Division of the Alcohol and Tobacco Commission.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-302" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="3" subtitle_name="Overtime Compensation"> <level label="a"> <text>This subtitle shall be interpreted and applied, to the extent applicable, in accordance with the federal Fair Labor Standards Act.</text> </level> <level label="b"> <text>All employees subject to this subtitle are entitled to the greater of:</text> <level label="1"> <text>the benefits that are provided in this subtitle; or</text> </level> <level label="2"> <text>to the extent applicable, the benefits required by the federal Fair Labor Standards Act.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-303" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="3" subtitle_name="Overtime Compensation"> <level label="a"> <text>Except as otherwise provided in this subtitle, an employee who works more than the normal workweek for that employee's unit is entitled to compensation for that overtime work in the form of:</text> <level label="1"> <text>payment as provided in § 8-305 of this subtitle; or</text> </level> <level label="2"> <text>compensatory time as provided in § 8-307 of this subtitle.</text> </level> </level> <level label="b"> <text>The Secretary shall adopt regulations to prevent:</text> <level label="1"> <text>the granting of unnecessary overtime; and</text> </level> <level label="2"> <text>the failure to grant overtime compensation to an eligible employee.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-304" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="3" subtitle_name="Overtime Compensation"> <level label="a"> <text>Except as provided in subsection (b) of this section, an employee's regular hourly rate of pay is computed for purposes of this subtitle by dividing the employee's total regular weekly pay by the total number of hours in the employee's normal workweek.</text> </level> <level label="b"> <text>The regular hourly rate of pay for an employee of a hospital or domiciliary care facility for the ill, aged, or disabled may be computed for purposes of this subtitle by dividing the employee's total regular 2-week pay by the total number of hours in the employee's normal 2-week work period.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-305" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="3" subtitle_name="Overtime Compensation"> <level label="a"> <text>Except as otherwise provided in this section:</text> <level label="1"> <text>payment for time worked in excess of an employee’s normal workweek but not in excess of 40 hours in that workweek shall be made at the employee’s regular hourly rate of pay; and</text> </level> <level label="2"> <text>payment for time worked in excess of 40 hours in a workweek shall be made at one and one–half times the employee’s regular hourly rate of pay.</text> </level> </level> <level label="b"> <level label="1"> <text>This subsection:</text> <level label="i"> <text>except as provided in item (ii) of this paragraph, applies to those employees of a hospital or domiciliary care facility for the ill, aged, or disabled whose overtime compensation is computed on the basis of a 2–week work period under § 8–304(b) of this subtitle; and</text> </level> <level label="ii"> <text>does not apply to an employee who works an alternative workweek, as defined in § 2–104(p) of the Health – General Article.</text> </level> </level> <level label="2"> <text>For an employee subject to this subsection, payment for overtime work shall be made at the greater of:</text> <level label="i"> <text>one and one–half times the employee’s regular hourly rate of pay for time worked in excess of 80 hours in the 2–week work period; or</text> </level> <level label="ii"> <text>one and one–half times the employee’s regular hourly rate of pay for time worked during that 2–week work period that is in excess of 8 hours in any workday.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>This subsection applies to law enforcement and civilian employees of the Department of State Police who participate in the modified workday program established in accordance with § 2–411 of the Public Safety Article.</text> </level> <level label="2"> <text>For an employee subject to this subsection, payment for overtime work shall be made at the greater of:</text> <level label="i"> <text>one and one–half times the employee’s regular hourly rate of pay for time worked in excess of 40 hours in the established work period; or</text> </level> <level label="ii"> <text>one and one–half times the employee’s regular hourly rate of pay for time worked during that work period that is in excess of the established workday.</text> </level> </level> </level> <level label="d"> <text>A unit may adopt alternate work periods as allowed by the federal Fair Labor Standards Act for the purpose of determining payment for overtime work for its law enforcement employees or fire fighters.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-306" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="3" subtitle_name="Overtime Compensation"> <text>Payment for overtime work shall be made on or before the day the employee is paid for the second pay period following the pay period in which the payment for overtime work is earned.</text> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-307" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="3" subtitle_name="Overtime Compensation"> <level label="a"> <text>By regulations consistent with the federal Fair Labor Standards Act, the Secretary may provide for employees who otherwise would be entitled to payment for overtime work to elect to receive compensatory time instead.</text> </level> <level label="b"> <text>These regulations shall provide that an employee who elects to receive compensatory time must notify the employee's supervisor of that election before the overtime work is performed.</text> </level> <level label="c"> <text>Compensatory time under this section shall equal:</text> <level label="1"> <text>1 hour for each hour of overtime work for which the employee otherwise would receive the employee's regular hourly rate of pay; and</text> </level> <level label="2"> <level label="1"> <text>5 hours for each hour of overtime work for which the employee otherwise would receive one and one-half times the employee's regular hourly rate of pay.</text> </level> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-308" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="3" subtitle_name="Overtime Compensation"> <level label="a"> <text>Except as provided in § 8–305(c) of this subtitle, a law enforcement employee of any unit of State government or a State Police cadet who works more than 8 hours in a normal 8–hour workday is entitled to be paid at the rate of one and one–half times the employee’s or cadet’s regular hourly rate of pay for time worked in excess of 8 hours.</text> </level> <level label="b"> <level label="1"> <text>In this subsection, “off–duty hours” means any hours:</text> <level label="i"> <text>during a law enforcement employee’s scheduled off–duty day; or</text> </level> <level label="ii"> <text>during a law enforcement employee’s on–duty day after the employee has gone off duty.</text> </level> </level> <level label="2"> <text>Except as otherwise provided in this subsection, a law enforcement employee of any unit of State government who is called to duty on the employee’s scheduled off–duty day is entitled to be paid at the rate of one and one–half times the employee’s regular hourly rate of pay for each hour worked on the off–duty day.</text> </level> <level label="3"> <text>Except as provided in paragraph (4) of this subsection, a law enforcement employee of the Department of State Police holding a noncommissioned rank or a law enforcement employee of the Department of Natural Resources holding a rank of sergeant or below, park ranger supervisor or below, or park services supervisor or below who is called to duty during the employee’s off–duty hours is entitled to be paid at the rate of one and one–half times the employee’s regular hourly rate of pay for the greater of:</text> <level label="i"> <text>the hours worked during the off–duty hours; or</text> </level> <level label="ii"> <text>4 hours.</text> </level> </level> <level label="4"> <text>A law enforcement employee of the Department of State Police holding a noncommissioned rank or a law enforcement employee of the Department of Natural Resources holding a rank of sergeant or below who makes an appearance in court on official duty during the employee’s off–duty hours is entitled to be paid at the rate of one and one–half times the employee’s regular hourly rate of pay for the greater of:</text> <level label="i"> <text>the hours worked during the off–duty hours; or</text> </level> <level label="ii"> <text>2 hours.</text> </level> </level> </level> <level label="c"> <text>A law enforcement employee of any unit of State government, or a police communications operator of the Department of State Police or Natural Resources Police who is required to work 4 or more hours on New Year’s Day, Thanksgiving Day, or Christmas Day, or who is scheduled to be off duty on New Year’s Day, Thanksgiving Day, or Christmas Day and is called to duty on any part of that day is entitled to:</text> <level label="1"> <text>compensatory time of 1 day; and</text> </level> <level label="2"> <text>payment at the rate of one and one–half times the employee’s regular hourly rate of pay for each hour worked on that day.</text> </level> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-309" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="3" subtitle_name="Overtime Compensation"> <level label="a"> <text>The Secretary may designate, subject to the Secretary’s salary-setting authority, those bona fide administrative, executive, and professional employees who may not receive payment for overtime work, but who may be granted compensatory time for overtime work.</text> </level> <level label="b"> <text>On or after July 1, 1989, an employee who is included in the Executive Pay Plan at a pay grade of (ES) 6 or above is not entitled to accrue any compensatory time other than as provided in § 9-205(a)(3) of this article for holiday work.</text> </level> <level label="c"> <text>A law enforcement employee of the Department of State Police holding a commissioned rank or a law enforcement employee of the Natural Resources Police holding a rank above sergeant may not receive payment for any overtime work, but may be granted compensatory time for overtime work.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-401" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="4" subtitle_name="Prohibited Acts and Penalties"> <text>Subject to the approval of the Governor, the Secretary may adopt regulations that prohibit a State officer from paying an employee in the State Personnel Management System any wages unless:</text> <level label="1"> <text>the officer has a payroll authorization from the Secretary that lists:</text> <level label="i"> <text>the name of that employee;</text> </level> <level label="ii"> <text>the amount to be paid to that employee; and</text> </level> <level label="iii"> <text>the services for which payment is to be paid; and</text> </level> </level> <level label="2"> <text>the head of a principal unit certifies in each payroll for that unit that the employees named in the payroll have been lawfully employed during the pay period and are entitled to the compensation authorized by the Secretary.</text> </level> </section> <section article="gsp" article_name="State Personnel and Pensions" number="8-402" title_number="8" title_name="Compensation of Employees Subject to Salary Authority of Secretary of Budget and Management" subtitle_number="4" subtitle_name="Prohibited Acts and Penalties"> <text>Money paid in violation of this section or in violation of any regulation adopted under § 8-401 of this subtitle may be recovered from the officer who pays or authorizes payment of the money or from the sureties of that officer's official bond.</text> </section>