TITLE VI
PUBLIC OFFICERS AND EMPLOYEES

Chapter 94
COMPENSATION OF CERTAIN STATE OFFICERS

Section 94:1

    94:1 Repealed by 1975, 505:27, eff. July 1, 1975. –

Section 94:1-a


[RSA 94:1-a effective until July 12, 2024; see also RSA 94:1-a set out below.]
    94:1-a Salaries Established. –
I. (a) The following salary ranges shall apply to the following grades:
GRADE STEP 01 STEP 02 STEP 03 STEP 04 STEP 05 STEP 06 STEP 07
AA 62,406 66,467 70,557 74,618 78,679 82,740 86,830
BB 64,894 69,127 73,359 77,592 81,825 86,058 90,291
CC 67,897 72,330 76,763 81,196 85,629 90,062 94,495
DD 71,500 76,162 80,824 85,514 90,176 94,838 99,500
EE 75,705 80,652 85,629 90,577 95,524 100,472 105,449
FF 80,938 86,258 91,549 96,869 102,160 107,451 112,770
GG 87,373 93,093 98,842 104,562 110,282 116,031 121,751
HH 95,153 101,387 107,622 113,886 120,120 126,384 132,619
II 100,587 107,193 113,800 120,406 127,042 133,648 140,255
JJ 106,049 112,999 119,977 126,956 133,934 140,913 147,891
KK 108,738 115,888 123,066 130,216 137,366 144,516 151,666
LL 0 0 0 0 0 0 156,500
MM 0 0 0 0 0 0 161,791
NN 0 0 0 0 0 0 167,997
OO 0 0 0 0 0 0 175,233
PP 0 0 0 0 0 0 183,927
QQ 0 0 0 0 0 0 194,366
(b) The salary ranges in subparagraph (a) shall be for the positions set forth in the following grades:
AA Department of health and human services senior IT asset management specialist
AA Executive council executive assistant
BB Department of health and human services executive administrative assistant
BB Department of health and human services continuity of operations planning specialist
BB Department of justice consumer protection investigator
BB Department of justice criminal justice investigator
CC Department of corrections parole board director of operations
CC Department of revenue administration multi-state tax auditor
CC Real estate commission executive director
CC Division of veterans services director
CC Insurance department senior insurance fraud investigator
CC Department of justice deputy chief investigator
DD Department of health and human services assistant bureau chief for child development and head start
DD Department of health and human services financial data administrator
DD Department of health and human services director of minority affairs
DD Department of health and human services, office of the commissioner executive office manager
DD Department of health and human services process improvement specialist
DD Department of health and human services attorney
DD Department of state assistant secretary of state
DD State treasurer assistant treasurer
DD Department of health and human services HIPAA privacy officer
DD Department of natural and cultural resources mountain manager
DD Department of health and human services data systems analyst
DD Department of agriculture, markets and food director
DD Department of justice chief counsel justice investigator
DD Department of revenue administration field audit leader
DD Department of revenue administration field audit team leader
DD Department of revenue administration manager
DD Department of revenue administration director of collections division
DD Department of revenue administration taxpayer advocate
DD Department of health and human services program management chief
DD Department of health and human services business improvement administrator
DD Department of health and human services estate recovery counsel
DD Insurance department director of health care analytics
DD Department of administrative services education and training officer
DD Board of tax and land appeals board member
DD Board of tax and land appeals chairman
DD Department of health and human services general counsel
DD Department of health and human services business and industry coordinator
DD Department of health and human services project manager
DD Department of justice chief forensic investigator
DD Housing appeals board member
DD Housing appeals board chair
DD Department of justice victim/witness specialist
DD Department of business and economic affairs director of intergovernmental affairs
EE Department of health and human services, bureau of mental health assistant director
EE Department of revenue administration chief of field audits
EE Department of health and human services internal auditor
EE Department of health and human services New Hampshire hospital director of compliance
EE Department of health and human services director of provider relations
EE Highway safety coordinator
EE Insurance department compliance and enforcement counsel
EE Insurance department health reform coordinator
EE Department of health and human services senior project manager
EE Department of Education director, division of higher education
EE Department of revenue administration audit team leaders
EE Department of state state archivist
EE Department of health and human services general counsel specialist
EE Department of health and human services Sununu youth services center administrator
EE Department of health and human services litigation counsel
EE Department of health and human services senior policy analyst
EE Department of health and human services administrator of child development bureau
EE Governor's commission on disability executive director
EE Department of state, director and state registrar
EE Department of agriculture, markets and foods assistant state veterinarian
EE Insurance department communications director
EE Department of natural and cultural resources director and state historic preservation officer
EE Department of health and human services process improvement manager
EE Department of health and human services substance use disorder planning and evaluation manager
EE Department of health and human services manager, contracts quality and management
FF New Hampshire port authority director
FF McAuliffe-Shepard discovery center director
FF Department of executive administrative services executive director, bureau of emergency communications
FF Department of health and human services director of facilities and maintenance
FF Department of transportation director of aeronautics, rail, and transit
FF Department of justice director, office of victim/witness advocate
FF Department of revenue administration assistant director, audit division
FF Department of health and human services deputy chief counsel
FF Department of health and human services senior general counsel
FF Department of health and human services senior project manager
FF Department of health and human services senior general counsel specialist
FF Department of health and human services community relations manager
FF Department of employment security counsel
FF Insurance department property and casualty actuary
FF Insurance department director of health economics
FF Insurance department insurance fraud director
FF Public utilities commission consumer advocate
FF Department of revenue administration revenue counsel
FF Department of health and human services deputy director, information services
FF Department of health and human services director of mental health services
FF Department of health and human services, division for children, youth and families director of legal services
FF Department of revenue administration tax policy analyst
FF Department of employment security insurance fraud investigator
FF Banking department general counsel
FF Department of health and human services director of the office of health equity
FF Department of health and human services director of communications
FF Department of health and human services senior project manager
FF Department of justice director of communications
FF Department of health and human services adult protective services administrator
GG Board of medicine executive director
GG Liquor commission chief operating officer
GG Liquor commission commissioner
GG Liquor commission director of enforcement and licensing
GG Liquor commission director of marketing, merchandising, and warehousing
GG Adjutant general deputy adjutant general
GG Department of education director, workforce innovation
GG Department of education director, standards and certification
GG Department of education director of instruction
GG Department of health and human services director of developmental services
GG Department of health and human services New Hampshire hospital chief financial officer
GG Department of justice director
GG Department of natural and cultural resources director, division of parks
GG Department of health and human services director of legislative affairs
GG Department of corrections director, division of administration
GG Department of corrections director of personnel and information
GG Department of corrections director of rehabilitative services
GG Department of corrections psychiatrist
GG Department of corrections senior physician
GG Department of environmental services chief operations officer
GG Department of health and human services director of child support services
GG Department of employment security general counsel
GG Department of natural and cultural resources state librarian
GG Department of business and economic affairs director of economic development
GG State treasurer deputy treasurer
GG Banking department deputy bank commissioner
GG Department of corrections director, division of field services
GG Department of safety deputy director of motor vehicles
GG Department of safety director of information technology
GG Department of safety chief of policy and planning
GG Police standards and training council director
GG Department of business and economic affairs director of travel and tourism
GG Department of natural and cultural resources director, forests and lands
GG Department of health and human services director of quality assurance
GG Department of health and human services director of Medicaid enterprise development
GG Department of state deputy secretary of state
GG State treasurer chief deputy treasurer
GG Department of transportation director of policy and administration
GG Department of information technology director
GG Department of information technology director
GG Insurance department chief financial examiner
GG Department of corrections warden, New Hampshire correctional facility for women
GG Public utilities commission administrator, site evaluation committee
GG Department of health and human services deputy Medicaid director
GG Department of safety assistant director, division of homeland security and emergency management
GG Department of administrative services manager of employee relations
GG Department of information technology assistant director, agency software division
GG Department of health and human services deputy director, division of public health services
GG Department of health and human services director, project management
GG Department of health and human services bureau chief of elderly and adult services
GG Department of administrative services deputy director, risk and benefits
GG Department of corrections director, professional standards
GG Department of health and human services information security officer
GG Department of health and human services deputy director, division of economic and housing stability
GG Department of safety deputy director, division of administration
GG Department of corrections adult parole board chairman
GG Department of health and human services director of contracts and procurement
GG Department of administrative services deputy director, division of financial data management
GG Department of administrative services deputy director, division of public works design and construction
GG Department of administrative services superintendent of buildings and grounds, division of plant and property
GG Department of administrative services superintendent of court facilities, division of plant and property
GG Department of administrative services deputy director, division of plant and property
GG Department of administrative services deputy director, division of personnel
GG Insurance department general counsel
GG Insurance department assistant commissioner
HH Department of administrative services director (comptroller)
HH Department of administrative services director of information technology management
HH Department of administrative services director of procurement and support services
HH Department of administrative services director, division of personnel
HH Department of administrative services director of enterprise applications management
HH Department of agriculture, markets and food commissioner
HH Department of corrections unit director non-medical
HH Department of corrections warden, Northern New Hampshire corrections facility
HH Department of environmental services director
HH Department health and human services director of long term supports
HH Department of health and human services chief legal counsel
HH Department of information technology director
HH Department of revenue administration director, division of municipal and property
HH Department of revenue administration director of audit division
HH Department of safety state fire marshal
HH Department of transportation director of finance
HH Department of health and human services director of data analytics and research
HH Department of health and human services director of bureau of drug and alcohol services
HH Fish and game department executive director
HH Insurance department chief property and casualty actuary
HH Insurance department deputy commissioner
HH Judicial council executive director
HH Labor department deputy commissioner
HH Department of health and human services director, intergovernmental affairs
HH Department of administrative services director (administrator), division of plant and property management
HH Department of health and human services director, employee assistance program
HH Liquor commission deputy commissioner
HH New Hampshire hospital chief operating officer
HH New Hampshire veterans' home commandant
HH Public utilities commission general counsel
HH Public utilities commission director of safety and security
HH Public utilities commission executive director
HH Department of information technology director
HH Department of administrative services director of risk and benefits
HH Department of employment security deputy commissioner
HH Department of revenue administration director, division of municipal and property
HH Insurance department director of financial regulation
HH Department of safety director, division of fire standards and training and emergency medical services
HH Insurance department chief life, accident and health actuary
HH Department of administrative services, project management, innovation and operational analysis unit director
HH New Hampshire hospital chief operating officer
HH Department of information technology assistant chief information security officer
HH Department of revenue administration director of taxpayer services
HH Office of the child advocate director
HH Department of health and human services executive director, Glencliff home
HH Department of administrative services director, division of public works, design and construction
HH Department of administrative services state budget officer
HH Insurance department property and casualty director
HH Insurance department life and health director
II Department of agriculture, markets and food state veterinarian
II Department of health and human services Medicaid director
II State treasurer treasurer
II Adjutant general adjutant general
II Department of corrections warden, New Hampshire state prison - men
II Department of safety director of state police
II Department of safety director of motor vehicles
II Department of employment security commissioner
II Banking department commissioner
II Department of health and human services director of the division for children, youth and families
II Department of education deputy commissioner
II Department of transportation director of project development
II Labor department commissioner
II Insurance department insurance commissioner
II Department of environmental services assistant commissioner
II Department of health and human services director of public health
II Department of state secretary of state
II Department of corrections senior dentist
II Liquor commission chairman
II Office of professional licensure and certification executive director
II Department of transportation director of operations
II Department of safety director of homeland security and emergency management
II Department of safety director of division of emergency services and communications
II Lottery commission executive director
II Department of health and human services chief financial officer
II Department of health and human services director of behavioral health
II Department of information technology chief information security officer
II Department of safety director of administration
II Department of health and human services director of economic and housing stability
II Department of health and human services director of performance evaluation and innovation
II Department of health and human services chief legal officer
II Department of health and human services director of information services
JJ Department of administrative services deputy commissioner
JJ Department of health and human services associate commissioner
JJ Department of health and human services associate commissioner
JJ Department of health and human services associate commissioner
JJ Public utilities commission chairman
JJ Public utilities commission commissioner
JJ Department of safety assistant commissioner
JJ Department of justice deputy attorney general
JJ Department of corrections assistant commissioner
JJ Department of transportation deputy commissioner
JJ Department of administrative services assistant commissioner
JJ Department of revenue administration assistant commissioner
KK Department of education commissioner
KK Department of health and human services deputy commissioner
KK Department of health and human services pharmacist
KK Department of health and human services pharmacist
KK Department of health and human services pharmacist
KK Department of health and human services pharmacist
KK Department of health and human services pharmacist
KK Department of health and human services pharmacist
KK Department of information technology deputy commissioner
KK Department of transportation assistant commissioner
KK Department of environmental services commissioner
KK Department of business and economic affairs commissioner
KK Department of corrections pharmacist
LL Department of safety commissioner
LL Department of transportation commissioner
LL Department of justice attorney general
LL Department of administrative services commissioner
LL Department of corrections commissioner
LL Department of revenue administration commissioner
LL Department of information technology commissioner/CIO
MM Department of health and human services commissioner
MM Governor governor
NN Department of justice deputy chief medical examiner
NN Department of health and human services state epidemiologist
NN Department of health and human services chief pharmacist
NN Department of corrections chief pharmacist
PP Department of health and human services physician in charge
PP Department of health and human services Medicaid dental director
PP New Hampshire hospital chief executive officer
QQ Department of justice chief medical examiner
(c) For attorney positions in the department of justice, except for the attorney general and deputy attorney general, the following shall apply commencing on July 14, 2023:
Minimum Market anchor Maximum
$60,778 $140,802
Attorney $73,264
Assistant attorney general $99,796
Senior assistant attorney general $123,208
Associate attorney general $135,695
II. The salary wages for the positions set forth below shall be as follows commencing July 14, 2023:
Maximum
Governor's councilors $19,734
Racing and charitable gaming commissioners $15,301
Sweepstakes commission, chairman $22,251
Sweepstakes commission, members $12,527
III. Officials named in this section shall be placed in the corresponding steps in the new salary ranges as their length of service justifies and in accordance with RSA 94:3. Lottery commissioners who are members of a multi-state lottery commission and who are authorized to be compensated for such services shall be compensated in addition to their salary under RSA 94:1-a, II, provided, that such additional salary equals no more than $50 per actual day worked plus reasonable expenses for duties performed as a multi-state lottery commissioner. Racing commissioners, lottery commissioners, and the state entomologist only excepted, any official whose salary upon placement in the new salary range is less than that of a subordinate classified employee shall be placed at the next higher step in range above said classified employee and shall be entitled to any increase provided for herein until the maximum provided herein is reached. However, in the event that the maximum of the unclassified position is less than the salary of said subordinate classified employee, the governor and council is authorized to increase the maximum of the unclassified position in an amount to provide a differential of not more than $1,000.
III-a. [Repealed.]
IV.
Part-Time Unclassified Employees. Notwithstanding any other provision of law, all part-time unclassified employees whose annual salary as established in RSA 94:1-a is in excess of $15,000 shall be paid on a per diem basis. For the purpose of this section, the commissioner of administrative services shall determine which unclassified employees are part-time. Said determination shall include, but not be limited to, certifiable daily recordation of such employee's actual presence at his place of work as well as such recordation of annual and sick leave actually taken by said employees. The per diem rate for such employees shall be determined by dividing the number of state working days excluding holidays into the salary established in RSA 94:1-a. Such part-time unclassified employees shall be entitled to such annual leave and sick leave as determined by the director of personnel based on the number of days actually worked. Such part-time unclassified employees shall be entitled to the same fringe benefits as other classified employees.
V. (a) Executive councilors may participate at their own expense in a group health and dental insurance arrangement during their tenure in office. Such group health and dental insurance arrangement shall be the state employees group insurance plan afforded full-time state employees.
(b) Notwithstanding the terms of any state employee group insurance contract or other state law to the contrary, executive councilors who have participated in a group health and dental insurance arrangement during their tenure in office, shall elect, within 30 days after they leave the executive council, either to continue to participate fully in that arrangement for as long as they choose to do so at their own expense, or to discontinue their participation.
(c) The commissioner of the department of administrative services shall invoice and collect amounts due from executive councilors and former executive council members. Collected amounts shall be deposited in the employee and retiree benefit risk management fund, established in RSA 21-I:30-e.
(d) Failure to remit payment for participation pursuant to subparagraph (a) in full within 30 days of billing shall be grounds for terminating benefits, effective with the beginning of the billing period. Reenrollment shall be dependent upon payment of outstanding participation or other amounts.
(e) Failure to remit payment in full for participation pursuant to subparagraph (b) within 60 days of billing shall be grounds for permanently terminating benefits effective upon the beginning of the billing period. Either in the billing notice or in a separate notice to the person billed, the department of administrative services shall advise that failure to pay the specified amount in full within the required time shall be grounds for permanent termination of benefits.

Source. 1953, 265:1. RSA 94:1. 1955, 153:2; 321:1; 323:4, 6; 335:8. 1957, 90:1; 223:2; 274:4, 7; 315:2. 1959, 199:4; 268:12. 1961, 166:5; 221:4; 222:5; 223:4; 266:12. 1963, 39:2; 132:2; 209:2; 303:14; 328:17. 1965, 267:7; 365:1. 1967, 95:6; 253:6; 333:2; 379:10; 413:3; 445:1. 1969, 108:2; 453:2; 466:2; 500:11, 12. 1970, 19:3, I, II; 29:8; 38:8, 9; 55:3; 57:3, 4. 1971, 130:3; 325:1; 346:1; 526:2; 541:19. 1972, 36:4; 60:45, 46. 1973, 6:5; 10:4; 182:2; 369:2; 377:5, 6; 400:2; 544:5; 582:3; 594:3. 1974, 40:79; 47:13. 1975, 146:7; 208:4; 239:1; 439:22; 505:11, 28, 29, 48. 1976, 21:1; 44:3. 1977, 365:2; 470:1; 485:5; 488:4; 499:5; 568:2; 600:59, I-III, IV, 114. 1978, 55:4. 1979, 246:2; 256:9; 359:7; 378:45; 388:1; 408:3; 434:60, 86, 102, 115; 471:8; 494:7; 495:4. 1981, 466:6; 568:37, I-III, 60, I, 136, I, 140, I, 163, I. 1982, 42:16, I, 53, 84, 85. 1983, 140:4; 170:2; 379:8; 383:13; 416:5, 52; 419:12; 436:7; 461:15, 18; 469:34-36, 119, II. 1985, 268:42; 337:11; 399:3, I, 23; 402:34; 405:4, 5; 410:9. 1986, 12:9, 10; 116:1, 2; 128:7; 135:4; 141:3; 202:25; 223:11; 231:5, 6, 8, 9. 1987, 124:4; 149:5; 340:2; 380:36, 37; 401:4-6; 406:8-10; 411:10. 1988, 107:5; 232:6; 269:9. 1989, 124:2; 231:4; 240:7, I, II; 246:1; 303:1; 323:7; 330:1, I, II, 2; 362:2; 388:5; 396:6, I-VI, 7, I-VI; 419:3, 4. 1990, 70:1; 73:1; 140:1; 211:2; 235:9; 246:3, 4, I, II. 1991, 173:3; 269:10, 11; 339:3, 4; 346:14, 15; 355:7, I, 11, 13, I, 92, I-V. 1992, 13:7; 165:5; 221:5; 289:4. 1993, 240:1; 321:3, I; 358:10, 22, 32-37, 87. 1994, 158:20; 212:2; 379:3; 385:1-4; 389:16, 17; 410:8. 1995, 10:3; 181:18; 182:1, 2; 190:13; 308:17, 52, 92; 310:42, 43. 1996, 159:4; 210:4; 228:16, 17. 1997, 82:1; 329:15; 351:13, 19, 20, 24-26. 1998, 81:1; 363:3; 385:3, 4; 386:17. 1999, 167:1; 225:10, 24, 29-34; 296:5; 317:5; 345:2, 5. 2000, 166:8, 246:1. 2001, 158:32, 89, 90, 101, 102; 225:3; 237:1, 12; 286:20; 290:7. 2002, 150:1, 2; 257:13. 2003, 319:86, 114, 115, 166. 2004, 97:8; 171:9, 28; 187:9; 257:31. 2005, 177:71-73, 83-88, 103; 218:5; 222:7. 2006, 120:1; 290:1, 6, 13, I, II. 2007, 263:12, 85, 87, 137-145; 361:33, 34. 2008, 25:2, 3; 61:5; 102:1; 361:12; 387:2, 3. 2009, 13:5, I, II; 52:2; 144:70, 107, 189; 222:5. 2010, 119:7; 236:1-8. 2011, 224:128, 197, 237, 322-325, II. 2012, 226:1, I-IV, 2, I, II, 3, I, eff. June 16, 2012. 2013, 144:155, 158, 161, eff. July 12, 2013; 144:156, 159, 162, eff. July 11, 2014; 144:157, 160, 163, eff. Jan. 9, 2015; 247:11, eff. July 24, 2013. 2015, 254:5, eff. Sept. 11, 2015; 274:5, 7, 9, eff. Jan. 8, 2016; 274:6, 8, 10, eff. Jan. 6, 2017; 276:8, eff. July 1, 2015; 276:166-171, eff. Nov. 15, 2015. 2016, 263:1, 2, I, II, eff. Aug. 14, 2016. 2017, 150:1-4, eff. Aug. 15, 2017; 154:4-8, eff. Aug. 15, 2017; 156:38, 47, I-III, 193, eff. July 1, 2017. 2018, 81:7, I, II, eff. May 25, 2018; 140:3, eff. May 30, 2018; 162:9, 11, 13, eff. June 8, 2018; 162:10, 12, 14, eff. Jan. 4, 2019; 200:9, III, eff. July 1, 2018; 233:1, I-V, 2, I-IX, eff. Aug. 7, 2018; 315:10, eff. Aug. 24, 2018; 335:1, I-XI, eff. June 25, 2018. 2019, 157:1, 2, eff. July 1, 2019; 185:1, I-V, eff. July 10, 2019; 273:7, eff. Sept. 17, 2019; 346:25, eff. July 1, 2019; 346:261, eff. July 1, 2020. 2020, 37:66, 67, 79, eff. Sept. 27, 2020. 2021, 91:336, 337 and 340, eff. July 2, 2021; 91:338, 339 and 341, eff. July 1, 2022; 122:3, 4, eff. Sept. 7, 2021; 202:2, Pt. 1, Secs. 1 and 2, eff. Oct. 9, 2021. 2022, 101:1, 2, eff. July 1, 2022; 138:3, eff. Aug. 6, 2022; 146:4, eff. June 7, 2022; 260:1, eff. June 24, 2022; 272:31, eff. June 30, 2022. 2023, 79:176, 177, 180, eff. July 14, 2023.

Section 94:1-b

    94:1-b Method of Determining Per Diem Allowance for Governor's Councilors. – When the compensation of governor's councilors is expressed in terms of an annual salary, such salary shall be divided by 52 to determine the per diem allowance for governor's councilors for the purposes of RSA 9:7 or any other purpose.

Source. 1979, 434:28, eff. July 1, 1979.

Section 94:1-c

    94:1-c Salary of Acting Directors. – When any classified or unclassified state employee is appointed or officially designated as the acting director or administrative head of any state agency or department to fill a vacancy in the director's or administrative head's position, he shall be compensated at the minimum step of the salary range or labor grade at which the director or administrative head is compensated. If the salary of the person appointed or designated as acting director or administrative head prior to such appointment or designation is greater than the minimum step of the salary range or labor grade at which the director or administrative head is to be compensated, he shall be compensated at the next step within the salary range or labor grade of the director or administrative head which is above the salary he was receiving prior to his appointment or designation.

Source. 1982, 42:48, eff. June 29, 1982.

Section 94:1-d

    94:1-d Allocation Decisions. – Each acting director or administrative head of any state agency or department shall submit his or her recommendation relative to appropriate letter grades for any new position, vacancy, upgrade or downgrade occurring in the agency or department to the commissioner of administrative services. The commissioner shall submit the recommendation to an outside consultant retained for the purpose of assessing the appropriate letter grade of unclassified state officers. The consultant shall assess the recommended allocation, recommend an alternate allocation, if necessary, and include the reasoning for such allocation in its report. The commissioner shall submit the consultant's report to the joint committee established in RSA 14:14-c, for its review and temporary letter grade allocation.

Source. 1989, 396:12. 2006, 290:18, eff. June 15, 2006.

Section 94:1-e

    94:1-e Health and Human Services Reorganization; Certain Unclassified Employees. – An employee of the department of health and human services who is appointed to an unclassified position at a lower level as a result of the 1995 department of health and human services reorganization act shall be paid at the same level as such employee was paid prior to the appointment until the pay in the appointed position exceeds the pay the employee was receiving at the time of the appointment.

Source. 1995, 310:196, eff. Nov. 1, 1995.

Section 94:1-f

    94:1-f Health and Human Services Review; Certain Unclassified Employees. –
I. The commissioner of the department of health and human services shall submit a list of names of incumbents and identify all current unclassified position titles and associated job responsibilities for positions established pursuant to 1995, 310 to the department of administrative services. The commissioner of the department of health and human services shall provide information pursuant to any requests from the department of administrative services to comply with the requirements of this section. The department of administrative services may review and change any existing position title to accurately reflect the current position responsibilities and recommend such change directly to the joint committee established in RSA 14:14-c to update RSA 94:1-a.
II. The commissioner of the department of administrative services shall submit the information to an outside consultant retained for the purpose of assessing the appropriate letter grade of unclassified state officers for those positions where the position title does not accurately reflect the job responsibilities. The consultant shall assess the recommended allocation, recommend an alternate allocation, if necessary, and include the reasoning for such allocation in its report. The commissioner shall submit the consultant's report to the joint committee established in RSA 14:14-c, for its review and temporary letter grade allocation. The department of health and human services shall make a contribution from an existing appropriation to the salary adjustment fund pursuant to RSA 99:4 to reimburse for the cost associated with the review of each position.
III. Any reclassification of salary shall not apply to any incumbent occupying the position unless the reclassification is to a higher salary grade designation. If such reclassification results in a lower salary grade designation, such designation shall occur when the incumbent vacates the position.
IV. Upon completion of the review process, subsequent vacancies of the positions shall be filled in accordance with RSA 94:6 and RSA 94:1-a.
V. All titles listed in RSA 94:1-a shall be subject to the requirements of this section, with the exception of the following positions: commissioner, deputy commissioner, associate commissioners, and chief executive officer for New Hampshire hospital. The joint committee may decline to review or exclude any other title from review as it deems necessary.
VI. All reviews and recommendations shall be completed no later than 7 years from the effective date of this section. The commissioner of the department of health and human services shall issue a progress report every 6 months from the effective date of this section to the fiscal committee of the general court until the process is completed.

Source. 2018, 233:6, eff. June 8, 2018. 2019, 185:3, eff. July 10, 2019. 2021, 202:2, Pt. I, Sec. 5, eff. Oct. 9, 2021. 2023, 79:456, eff. July 1, 2023.

Section 94:2

    94:2 Adjustment. –
I. Effective July 1, 1953, the annual salary of each official holding any of the positions named in RSA 94:1 shall be the minimum salary provided for therein except as otherwise provided. Any such official whose salary on June 30, 1953 is in excess of said minimum provided for his position shall be placed at the next higher step in the range and shall be entitled to any increase provided for herein until the maximum is reached. Provided further that any such official having had 10 years or more continuous service for the state shall be placed at the next higher step in the range.
II. Any official whose salary upon placement in the new salary range is less than that of a classified employee in his department shall be placed at the next higher step in range above said classified employee and shall be entitled to any increase provided for herein until the maximum is reached.

Source. 1953, 265:2, eff. July 1, 1953.

Section 94:2-a

    94:2-a Repealed by 1979, 68:1, eff. June 17, 1979. –

Section 94:3

    94:3 Yearly Service Increases. – Upon recommendation of the appointing authority, the holder of any position mentioned in RSA 94:1-a shall be entitled to an annual increase in salary amounting to 1/6 of the difference between the minimum and maximum salary for said position but in no case shall the total salary exceed the maximum as herein established.

Source. 1953, 265:3. RSA 94:3. 1977, 600:73, eff. June 17, 1977. 2019, 157:3, eff. July 1, 2019.

Section 94:3-a

    94:3-a Annual and Sick Leave for Unclassified Legislative Employees and Executive Branch Unclassified and Nonclassified Employees. –
I. Annual Leave. All full-time, nonelective unclassified legislative officials and employees shall accumulate annual or biennial leave to the extent authorized for each position by the appointing authority. If, at the time of his separation from service, such an official or employee has credit for unutilized annual leave time, he shall be paid for such time at the same rate he was receiving at the time of his separation.
II. Sick Leave. All full-time, nonelective unclassified legislative officials and employees, shall accumulate sick leave credit to the extent authorized for each position by the appointing authority. All unutilized sick leave credit shall lapse at the time of separation from service, except that should such an official or employee die while in service, his estate shall be paid for any unutilized sick leave credit at the same rate the official or employee was receiving at the time of his death.
III. Transfer of Credit; Legislative. Any official or employee who transfers without a break in service, from the classified service to a full-time, nonelective, unclassified legislative position may transfer all the days of sick leave credit and annual leave credit that he has accumulated in the classified service. Any full-time, nonelective unclassified legislative official or employee who transfers, without a break in service, to the classified service may transfer all the days of sick leave credit and annual leave credit that he has accumulated in the unclassified service pursuant to this section. The rate of accrual for all sick and annual leave shall be the same as the rate immediately prior to the transfer.
III-a. Transfer of Credit; Executive. Any official or employee who transfers without a break in service, from the classified service to an unclassified or nonclassified executive branch position shall retain all annual leave, sick leave, longevity pay, and bonus leave already accumulated in the classified system. Such leave, longevity pay, and bonus time shall not be paid out until the employee's cessation of employment and shall be carried forward if the employee again transfers into the classified service.
IV. The appointing authority may deny compensation to any legislative official or employee for any annual leave time or sick leave time taken in excess of annual leave time or sick leave time accumulated pursuant to this section.

Source. 1969, 500:16. 1989, 396:1, eff. June 5, 1989. 2021, 91:356, eff. July 1, 2021.

Section 94:3-b

    94:3-b Salary Adjustment for Recruitment or Retention. –
I. Notwithstanding any other provisions of law to the contrary, upon the request of an appointing authority submitted to the commissioner of administrative services for review and evaluation and upon approval by the joint committee on employee classification, the governor and council is hereby authorized and empowered upon a finding by them that it is in the best interests of the state and is necessary in order to recruit and retain or recruit or retain qualified personnel to increase the salary ranges of unclassified positions.
I-a. Notwithstanding any other provisions of law to the contrary, for any expenditure more than $10,000 under this paragraph, upon the request of an appointing authority submitted to the commissioner of administrative services for review and evaluation and upon approval by the joint committee on employee classification, the governor and council is hereby authorized, upon a finding by them that it is in the best interests of the state and is necessary in order to recruit and retain or recruit or retain qualified personnel, to make recruitment or retention bonuses for classified clinical positions at New Hampshire hospital and the Glencliff home. The department of health and human services, in conjunction with the department of administrative services, is authorized to make any expenditure less than or equal to $10,000 under this paragraph.
II. The following increased salary amounts have been adopted pursuant to this section:
(a) Comptroller, department of administrative services, $99,000-$138,000
(b) Associate medical examiner, department of justice, $160,000-$240,000
(c) Deputy chief medical examiner, department of justice, $200,000-$260,000
(d) Chief medical examiner, department of justice, $210,000-$300,000
(e) Chief operating officer, New Hampshire hospital, department of health and human services, $93,759.12-$124,606.04
(f) Director of nursing, department of corrections, $110,000-$155,000
(g) Deputy director of the division of accounting services, department of administrative services, $87,000-$117,000.

Source. 1969, 500:15. 1970, 14:8. 2001, 158:105. 2006, 290:19, eff. June 15, 2006. 2018, 233:3, eff. Aug. 7, 2018. 2020, 37:68, eff. Sept. 27, 2020. 2021, 202:2, Pt. I, Sec. 3, eff. Oct. 9, 2021. 2022, 101:3, eff. July 1, 2022; 272:34, eff. July 1, 2022.

Section 94:3-c

    94:3-c Disaster Relief Services Leave. –
I. Any state employee who is a certified disaster relief service volunteer of the American Red Cross may, with the authorization of the employee's supervisor, be granted leave not to exceed 15 working days in any fiscal year to participate in specialized disaster relief service work if:
(a) The request for service is made by the American Red Cross; and
(b) The disaster is designated as level III or above according to the American National Red Cross regulations and procedures.
II. An employee granted leave under this section shall not lose seniority, accumulated vacation leave, sick leave, or earned overtime. In addition, the employee shall be paid the employee's regular pay based on regular work hours during the leave.
III. The state shall not be liable for workers' compensation claims of the employee arising out of the disaster relief service work performed pursuant to this section.

Source. 2000, 252:2, eff. July 1, 2000.

Section 94:4

    94:4 Longevity Pay. – Any state official who has completed 10 years of service for the state shall be paid, in addition to his or her statutory salary the sum of $350 annually and an additional $350 for each additional 5 years of state service. Any state official who transfers, without a break in service, to a position in the classified system may transfer all time served for purposes of longevity pay.

Source. 1947, 243:4. RSA 94:4. 1979, 434:64. 1989, 396:2. 2005, 177:90, eff. July 8, 2005. 2021, 91:350, eff. July 1, 2021.

Section 94:4-a

    94:4-a Death of Official in Office. – In the event any official named in RSA 94:1 and 1-a shall die while in office, his estate shall be paid as a death benefit, an additional 20 days salary beyond the date of death. Any payments made pursuant to this section shall be a charge against the salary adjustment fund.

Source. 1969, 500:16, eff. July 3, 1969.

Section 94:4-b

    94:4-b Death of Legislative Officers, Officials, Employees and Attaches. –
I. A death benefit of an additional 20 days salary beyond the date of death shall be paid to the estate of the following legislative personnel:
(a) Legislative officers, who are not members of the general court, who die while in office.
(b) Nonelective full-time legislative officials or employees or attaches who die while employed.
(c) Nonelective temporary employees or attaches who die while the general court by which they are employed is in regular or special session.
II. Any payment made pursuant to this section shall be a charge against the salary adjustment fund.

Source. 1975, 191:1, eff. June 2, 1975.

Section 94:4-c

    94:4-c Unclassified to Classified State Service. – Any unclassified state official or employee who transfers from the unclassified service, without a break in service, to the classified service, shall immediately begin to accumulate and utilize, as earned, annual and sick leave in accordance with the state collective bargaining agreement. The rate of accrual shall be according to continuous years worked.

Source. 1989, 396:3, eff. June 5, 1989.

Section 94:4-d

    94:4-d Classified State Service to Court System. – Any full-time classified employee who transfers from classified service to the court system, without a break in service, may transfer all annual leave, sick leave, longevity pay, and bonus time already accumulated in the classified service to the court system.

Source. 1993, 358:92, eff. July 8, 1993.

Section 94:5

    94:5 Maintenance. –
I. The following positions shall carry with them maintenance:
(a), (b) [Repealed.]
(c) at the Glencliff home;
(1) administrator;
(d) [Repealed.]
II. Maintenance for the above positions shall consist only of the use of a furnished house or apartment located on the institution grounds and the following utilities; heat, gas, electricity, water and one institution extension phone to be used only for official state purposes.
III. No other unclassified state employee, except those specified in this section, shall receive any maintenance or payment in lieu thereof, provided however, that if quarters are available at any state institution or any state property, the department head thereof may assign to an unclassified employee such quarters, furnished or unfurnished, including any or all of the following utilities; heat, fuel, gas, electricity, and water, and provided further that a department head of a state agency which serves meals may permit any unclassified employee to purchase such meals. Any employee to whom such quarters have been assigned or who has been authorized to purchase such meals shall reimburse the state for such quarters or meals at a rate to be determined by the governor and council.

Source. 1953, 265:6. RSA 94:5. 1955, 153:3. 1957, 223:3. 1965, 365:2. 1973, 6:6; 10:5; 400:1; 594:2. 1975, 239:3. 1977, 568:2; 600:47. 1983, 416:37, I. 2007, 263:12. 2008, 61:6, eff. May 21, 2008.

Section 94:5-a

    94:5-a Repealed by 1994, 248:11, I, eff. June 2, 1994. –

Section 94:6

    94:6 New Appointments. – In case of a new appointment to fill any vacancy the entrance salary shall be at the minimum of the established range unless, upon recommendation of the appointing authority, the governor and council shall establish, after due and proper investigation as to qualifications, a different entrance salary within the established range.

Source. 1953, 265:7. RSA 94:6. 1965, 301:1, eff. Feb. 26, 1965; 365:3, eff. July 2, 1965.

Section 94:7

    94:7 Increases for Certification or Eligibility for Certification. – Upon the request of the appointing authority, the governor and council upon a finding that it is in the best interest of the state may increase the annual salary of any classified or unclassified employee by $1,000 if said employee is eligible for certification by the American board of any medical, dental, or surgical specialty and by $3,000 if said employee is certified by said board.

Source. 1965, 365:4. 1973, 470:1, eff. Aug. 29, 1973.

Section 94:8

    94:8 Administrators of State Institutions; Held Harmless for Certain Acts. – If any administrator at Laconia developmental services, New Hampshire hospital, New Hampshire Veterans' home or the Glencliff home is sued by a resident or his legal representative on the grounds that he has not been compensated for services rendered in violation of the Fair Labor Standards Act, Public Law 93-259 , as now in effect or as hereafter amended, the attorney general shall defend the action and if a judgment is rendered against the administrator it shall be paid by the state.

Source. 1975, 240:1. 1977, 568:2. 1988, 107:5. 2007, 263:12, eff. July 1, 2007.

Section 94:9

    94:9 Terminal Pay. –
I. Any full-time state official or employee other than those in the state classified system who retires, resigns, dies in office, or is terminated as a result of not being reappointed, shall receive upon such cessation of employment 3 days' salary for each year of employment in nonclassified or unclassified service.
II. Terminal Pay; Leave Time and Longevity Pay. Any full-time state official or employee other than those in the state classified system who retires, resigns, dies in service, or is terminated shall receive termination pay that includes any unused annual leave, bonus leave, or longevity pay accumulated from their service as member of the classified system.
III. Terminal Pay; Sick Time. Any full-time state official or employee other than those in the state classified system who retires shall receive termination pay that includes unused sick leave accumulated while a member of the classified system. The calculation of such unclassified sick leave payout shall be according to the calculations of sick leave upon termination of service of a confidential classified employee as specified in the rules of the division of personnel.
IV. The governor is authorized to draw warrants for the sums necessary to make the payments under this section, which shall be a charge against the general fund or such special fund as may be appropriate.

Source. 1981, 568:133. 2001, 109:1, eff. June 26, 2001. 2021, 91:357, eff. July 1, 2021.