Ark. Code Ann. § 21-5-211 (2026)

1. The Office of Personnel Management has administrative responsibility for enforcing compliance by state agencies affected by this subchapter in implementing classification and grade changes.
2. 1. The Governor may authorize a salary increase up to two percent (2%) each fiscal year if:
      1. The Chief Fiscal Officer of the State and the Secretary of the Department of Transformation and Shared Services determine that sufficient general revenues become available; and
      2. The salary increase does not result in an employee's compensation exceeding the maximum pay level amount set out for the position.
   2. 1. An employee compensated at the highest pay level rate authorized for his or her classification is eligible to receive the salary increase authorized in this section as a lump-sum payment.
      2. However, the increase shall be paid as a lump sum on the last pay period of the fiscal year of the year in which the increase is to occur, and the payment shall not be construed as exceeding the maximum salary.
3. 1. If the Chief Fiscal Officer of the State and the secretary determine that general revenue funds are insufficient to implement the salary increases authorized in this subchapter or by any other law that affects salary increases for state employees, the Chief Fiscal Officer of the State and the secretary upon approval by the Governor may reduce the percentage of all authorized salary increases for all state employees covered by this subchapter without regard to whether or not the employees are compensated from general or special revenues, federal funds, or trust funds.
   2. However, if sufficient general revenues should then become available at any time during the year to provide the maximum additional salary increases for all state employees without regard to the source of revenues, salary increases for state employees provided for in this subchapter or by any other law may be fully implemented by the Chief Fiscal Officer of the State and the secretary.
   3. Any salary adjustments made by the Chief Fiscal Officer of the State and the secretary in accordance with this subsection shall be reported to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.
4. All percentage calculations stipulated in this subchapter or any other law affecting salaries of state employees may be rounded to the nearest even-dollar amount by the Office of Personnel Management when making the percentage changes to state employee salaries.

History. Acts 1969, No. 199, § 7; 1971, No. 749, § 2; 1973, No. 873, § 7; 1974 (1st Ex. Sess.), No. 39, §§ 3, 4; 1975, No. 932, § 4; 1979, No. 828, § 4; 1981, No. 650, § 4; 1985, No. 981, § 4; A.S.A. 1947, § 12-3207; Acts 1989, No. 793, § 10; 1991, No. 1148, §§ 5, 6; 1993, No. 770, §§ 2-4; 1995, No. 992, §§ 2, 3; 1997, No. 532, § 2; 1997, No. 899, § 10; 1999, No. 1019, § 3; 2001, No. 1461, § 5; 2003 (1st Ex. Sess.), No. 22, § 2; 2005, No. 2198, § 2; 2007, No. 375, § 2; 2009, No. 688, § 9; 2011, No. 1017, § 3; 2013, No. 1321, § 2; 2014, No. 285, § 81; 2015, No. 1007, §§ 3-5; 2017, No. 365, § 16; 2019, No. 910, §§ 6125, 6126; 2019, No. 981, § 5.

Amendments. The 1999 amendment rewrote this section.

The 2001 amendment rewrote (b); and added (e).

The 2003 (1st Ex. Sess.) amendment rewrote (b)(1)(A)(i); inserted (b)(1)(A)(iv); deleted (b)(1)(B); redesignated former (b)(1)(C)-(G) as present (b)(1)(B)-(F); deleted “During the 2001-2002 biennium” at the beginning of present (b)(1)(D)(i); and deleted “2001-2003” preceding “biennium” in (b)(1)(D)(ii).

The 2005 amendment rewrote (b)(1)(A)(i).

The 2009 amendment, in (a), deleted “of the Division of Management Services of the Department of Finance and Administration” following “Management” in (a) and made a minor stylistic change; rewrote (b) through (d); and added (e) and (f).

The 2011 amendment substituted “Implementation” for “Implementing” in the section heading; deleted former (b); redesignated former (c) through (f) as present (b) through (e); in (b)(1)(A), substituted “2011” for “2010” and “one and eighty-six hundredths percent (1.86%)” for “two and three-tenths percent (2.3%)”; added (b)(1)(B); substituted “one and eighty-six hundredths percent (1.86%) on July 1, 2011, and the additional salary increase of two and thirty-eight hundredths percent (2.38%) on July 1, 2012” for “two and three-tenths percent (2.3%)” in (b)(2); substituted “one and eighty-six hundredths percent (1.86%) and the July 1, 2012, salary increase of two and thirty-eight hundredths percent (2.38%)” for “two and three-tenths percent (2.3%)” in (b)(4)(A).

The 2013 amendment substituted “2013” for “2011” and substituted “two percent (2%)” for “one and eighty six hundredths percent (1.86%)” throughout the section; inserted “of the Division of Management Services of the Department of Finance and Administration” in (a); deleted (b)(1)(B); deleted “and the additional salary increase of two and thirty-eight hundredths percent (2.38%) on July 1, 2012” in (b)(2); substituted the reference to “21-5-214” for “21-5-214(a)” in (b)(3); and deleted “and the July 1, 2012, salary increase of two and thirty-eight hundredths percent (2.38%)” in (b)(4)(A).

The 2014 amendment redesignated part of (b)(1) as (b)(1)(A); in (b)(1)(A), substituted “July 1, 2014” for “July 1, 2013,” “June 30, 2014” for “June 30, 2013,” and “one percent (1%)” for “two percent (2%)”; added (b)(1)(B); in (b)(2), deleted “additional” preceding “salary” and substituted “authorized by subdivision (b)(1)(A) of this section” for “of two percent (2%) on July 1, 2013”; in (b)(4)(A), substituted “July 1, 2014” for “July 1, 2013” and “one percent (1%)” for “two percent (2%)”; and, in (b)(4)(B), inserted “salary” near the beginning, substituted “2015 fiscal year” for “fiscal year of the year in which the increase is to occur,” and added “of the employee” at the end.

The 2015 amendment, in (b)(1)(A), twice substituted “2015” for “2014”; in (b)(1)(B), substituted “Ninetieth” for “Eighty Ninth,” substituted “the cost of living adjustment authorized by the Governor for all classified employees” for “one percent (1%)” and substituted “2016” for “2015”; in (b)(4)(A), substituted “July 1, 2015” for “July 1, 2014” and deleted “of one percent (1%)” following “increase”; substituted “2016” for “2015” in (b)(4)(B); inserted “including a nonclassified employee” in (c)(1); and deleted “the grade assigned to” preceding “his or her classification” in (c)(2)(A).

The 2017 amendment, in (a), substituted “has” for “shall have” and deleted “and institutions” following “state agencies”; rewrote (b); rewrote the introductory language of (c)(1); in (c)(1)(B), substituted “The salary increase” for “The additional salary increase of two percent (2%)” and deleted “unless the employee is eligible for the career pay level on the career service pay plan as established in § 21-5-214” following “position”; deleted “of two percent (2%)” following “increase” in (c)(2)(A); in (d)(3), deleted “Personnel Subcommittee of the” preceding “Legislative Council” and added “or, if the General Assembly is in session, the Joint Budget Committee” at the end; and substituted “Office of Personnel Management” for “office” in (e).

The 2019 amendment by No. 910 inserted “and the Secretary of the Department of Transformation and Shared Services” in (c)(1)(A) [now (b)(1)(A)] and throughout (d) [now (c)]; and substituted “determine” for “determines” in (c)(1)(A) [now (b)(1)(A)] and (d)(1) [now (c)(1)].

The 2019 amendment by No. 981 deleted (b) and redesignated the remaining subsections accordingly.