(a) The Department of Higher Education has administrative responsibility for enforcing compliance by institutions of higher education affected by this subchapter in implementing classification and grade changes.

(b) (1) (A) The maximum annual salary for which an employee covered by this subchapter is eligible on July 1, 2017, shall be determined by increasing the salary of the employee as it existed on June 30, 2017:

(i) By a percentage up to two percent (2%) with written approval by the Director of the Department of Higher Education; or

(ii) More than two percent (2%) only with written approval of the director after review by the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(B) The salary increase may be established as an increase to the employee's salary or as a lump sum.

(2) The salary increase authorized by subdivision (b)(1) of this section shall not allow an employee's compensation to exceed the maximum pay level amount set out for the position unless the employee is eligible for the career pay level as established in § 21-5-1410.

(3) If an employee does not meet the service requirements in § 21-5-1410, 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.

(4)

(A) An employee compensated at the highest pay level authorized for the grade assigned to his or her classification may receive the July 1, 2017, salary increase authorized in this section as a lump-sum payment.

(B) However, the salary increase shall be paid as a lump sum on the last pay period of the 2018 fiscal year, and the payment shall not be construed as exceeding the maximum pay level described in subdivision (b)(2) of this section.

(c) (1) An employee covered by this subchapter is eligible for an additional salary increase or lump-sum payment of two percent (2%) each fiscal year upon approval by the director if:

(A) The director determines that sufficient revenues become available; and

(B) The additional salary increase of two percent (2%) does not result in an employee's compensation exceeding the maximum pay level amount set out for the position unless the employee is eligible for the career pay level on the career service pay plan as established in § 21-5-1410.

(2)

(A) An employee compensated at the highest pay level rate authorized for his or her classification is eligible to receive the salary increase of two percent (2%) authorized in this section as a lump-sum payment.

(B) 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 under subdivision (b)(2) of this section.

(d) Salary adjustments made by the director under this section shall be reported to the Legislative Council or, if the General Assembly is in session, the Joint Budget Committee.

(e) All percentage calculations stipulated in this subchapter or any other law affecting salaries of employees of institutions of higher education may be rounded to the nearest even-dollar amount by the Department of Higher Education when making the increases to employee salaries as provided under subdivision (b)(1) of this section.