Common use of Upon Reclassification Clause in Contracts

Upon Reclassification. (a) Where an employee occupies a position that is reclassified because of a change of duties, resulting in its inclusion in a level having a higher maximum salary, the employee shall receive (i) the minimum of the new range where that minimum is more than 8% above their present salary; or (ii) 8% where their salary is the same as or more than the minimum but less than the maximum salary for the new class; (iii) the maximum rate in the range, where the application of (ii) above would provide for reclassification exceeding the maximum of the range for the position. (b) Where an employee occupies a position that is reclassified resulting in its inclusion in a level having a maximum salary the same as that previously applicable to the position, the salary payable remains unchanged. (c) Notwithstanding Article 26.01, where an employee occupies a position that is reclassified to a level having a salary range the maximum rate of which is less than the maximum rate of the previously applicable range (i) the rate of pay of the employee shall remain the same, until changed in accordance with this section; (ii) the anniversary date of the employee shall remain the same; (iii) the employee shall continue to be eligible for salary rate increases based on merit and economic adjustments, up to the maximum salary rate in effect for the old level at the time of the reclassification; and (iv) the employee shall not be eligible for further salary rate increases beyond those for which Paragraph (iii) provides until the maximum salary rate for the new level exceeds the employee’s salary rate.

Upon Reclassification. (a) Where an employee occupies a position that is reclassified because of a change of duties, resulting in its inclusion in a level having a higher maximum salary, the employee shall receive (i) the minimum of the new range where that minimum is more than 8% above their present salary; or (ii) 8% where their salary is the same as or more than the minimum but less than the maximum salary for the new class; (iii) the maximum rate in the range, where the application of (ii) above would provide for reclassification exceeding the maximum of the range for the position. (b) Where an employee occupies a position that is reclassified resulting in its inclusion in a level having a maximum salary the same as that previously applicable to the position, the salary payable remains unchanged. (c) Notwithstanding Article 26.0129.01, where an employee occupies a position that is reclassified to a level having a salary range the maximum rate of which is less than the maximum rate of the previously applicable range (i) the rate of pay of the employee shall remain the same, until changed in accordance with this section; (ii) the anniversary date of the employee shall remain the same; (iii) the employee shall continue to be eligible for salary rate increases based on merit and economic adjustments, up to the maximum salary rate in effect for the old level at the time of the reclassification; and (iv) the employee shall not be eligible for further salary rate increases beyond those for which Paragraph (iii) provides until the maximum salary rate for the new level exceeds the employee’s salary rate. (d) Where the reclassification of a position is to take effect retroactively, the employee who occupies the position during the retroactive period shall be entitled to receive any retroactive benefits that might accrue.