GCA Title 4, Chapter 6
§ 6101. Title.
This Chapter may be cited or referred to as the Uniform Position Classification and Salary Administration Act of 1991. SOURCE: GC § 4100. Repealed and reenacted by P.L. 21-059:7 (Sept. 27, 1991).
§ 6102. Purpose.
The purpose of this Chapter is to provide a uniform and unified system of position classification and compensation for the Executive and Judicial Branches of the Government of Guam. The only exception is for academic personnel of the Guam Community College and the University of Guam which as institutions of higher education, must adhere to accreditation standards established by the appropriate accrediting bodies. The term academic personnel refers to the definitions provided in 17 GCA § 31106 and § 16112, governing academic personnel of Guam Community College and the University of Guam. SOURCE: GC § 4101. Repealed and reenacted by P.L. 21-059:6 (Sept. 27, 1991). Amended by P.L. 23-026:6 (June 6, 1995).
§ 6103. Scope.
Unless otherwise specified, this Chapter shall apply to all positions, officers, and employees, classified and unclassified, as the case may be, inclusive of the Executive and Judicial Branches, autonomous and semi-autonomous agencies, public corporations, and other public instrumentalities of the government of Guam. The provisions of this Chapter do not apply to academic personnel of the Guam Community College and the University of Guam. The employment and terms and conditions of employment of academic personnel shall be exclusively governed by provisions of the enabling laws of Guam Community College
4 GCA PUBLIC OFFICERS AND EMPLOYEES CH. 6 COMPENSATION OF PUBLIC EMPLOYEES
CHAPTER 6 COMPENSATION OF PUBLIC EMPLOYEES
SOURCE: The compensation of public employees was addressed in the original Government Code, Title V, Chapter II, enacted by P.L. 1-088 (Nov. 29, 1952), specifically, GC §§ 4100 - 4130. During the Fifteenth Guam Legislature, the Compiler announced that Title 4 - Public Officers and Employees had been added to the new, permanent Guam Code Annotated. See 5 Guam Sess. L. Introduction (April 1983). This chapter was created as part of the codification into the GCA. 2025 NOTE: Pursuant to 5 GCA § 1510, I Maga’hågan/Maga’låhen Guåhan means the ‘Governor of Guam’ and I Maga’håga/Maga’låhi means the ‘Governor.’ I Sigundo Maga’hågan/Maga’låhen Guåhan means the ‘Lieutenant Governor of Guam’ and I Sigundo Maga’håga/Maga’låhi means the ‘Lieutenant Governor.‘
ARTICLE 1 GENERAL PROVISIONS
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and the University of Guam pertaining to academic personnel, as set forth in Title 17, Guam Code Annotated SOURCE: GC § 4102. Repealed and reenacted by P.L. 21-059:7 (Sept. 27, 1991). Amended by P.L. 23-026:7 (June 6, 1995).
ARTICLE 2 PAY PLAN
- § 6201. Compensation Schedule.
- § 6202. Salary Increments.
- § 6203. Merit Bonus.
- § 6204. Cost of Living Adjustments.
- § 6205. Recruitment Above-Step.
- § 6205.1. Recruitment Above-Step for the Department of Education.
- § 6205.2. No Recruitment or Compensation Above Step 10.
- § 6206. Step to Step Upon Promotion.
- § 6206.1. Limitation on Salaries of Directors and Deputy Directors.
- § 6207. Positions in I Maga’håga/Maga’låhi ‘s Office.
- § 6207.1. Positions in I Sigundo Maga’håga/Maga’låhi ‘s Office.
- § 6208. Government Attorneys Salaries.
- § 6208.1. Recruitment of Assistant Attorneys General.
- § 6209. Professionals of Public Health and Social Services.
- § 6210. Public Hearing for Salary Changes for Elected Officials May Not be Waived.
- § 6210.1. Effective Date for Salary Changes for Elected Officials.
- § 6211. [Vacant]
- § 6212. Hourly Rates of Pay.
- § 6213. [Vacant]
- § 6213.1. [Vacant]
- § 6214. [Vacant]
- § 6215. [Vacant]
- § 6216. [Vacant]
- § 6216.1. [Vacant]
- § 6217. Night Differential Pay.
- § 6218. Conditions.
- § 6218.1. Prohibition on Retroactive Pay Raises.
- § 6218.2. Prohibition on Bonus Pay for Unclassified Employees.
- § 6218.3. Processing of Pay Adjustments for Unclassified Employees.
- § 6219. Firemen: Compensation: Annual and Sick Leave.
- § 6220. Customs and Quarantine Agency Officer and Plant Protection and Quarantine Officer: Compensation.
- § 6221. Interest on Late Overtime Payments.
- § 6221.1. Cause of Action for Overtime.
- § 6222. Corrections Officers - Hazardous Pay.
- § 6223. Firefighters - EMT-A Duty.
- § 6224. Police and Customs Officers - Hazardous Pay.
- § 6225. Hazardous Duty Positions Identified.
- § 6225.1. Hazardous Pay Differential for Employees of Guam Behavioral Health and Wellness Center.
- § 6225.2. Hazardous Pay for Mayors’ Council of Guam Personnel.
- § 6226. Employees: Compensation During Typhoons: Exceptions.
4 GCA PUBLIC OFFICERS AND EMPLOYEES CH. 6 COMPENSATION OF PUBLIC EMPLOYEES
- § 6227. Police Officers/Recruits - GPD FTE Positions.
- § 6228. Reimbursement of Cadet Training Costs.
- § 6229. Definition.
- § 6229.1. Nursing Recruitment and Retention Incentives.
- § 6229.2. Salary Schedule Three (3) Year Review.
- § 6229.3. Class Specifications Three (3) Year Review.
- § 6229.4. Recognition of the Guam Nurses Association Commission on Nursing Leadership.
- § 6229.5. Compensation for Education and Experience.
- § 6229.6. Certification Pay Differential.
- § 6229.7. Work Compensation.
- § 6229.8. Flex-Time.
- § 6229.9. Job Sharing.
- § 6229.10. Job Incentives.
- § 6229.11. Classified Full-Time Nursing Positions.
- § 6229.12. Graduate Nurse Classification.
- § 6229.13. Developmental Promotions (KPP) Designation.
- § 6229.14. Recruitment Process.
- § 6229.15. Implementation. § 6230.
- Prohibition Against Salary Increases for Unclassified Employees Following the Defeat of an Incumbent in an Election.
- § 6231. Prohibition Against Salary Increases for Unclassified Employees Employed by Incumbents Not Seeking Re-election.
- § 6232. [Untitled].
- § 6233. Establishment of the Environmental Public Health Officer Series.
- § 6234. Department of Revenue and Taxation Examiner.
- § 6235. Certification Pay Differential for Certified Public Accountant, Certified Government Financial Manager, Certified Fraud Examiner, and Certified Internal Auditor.
§ 6201. Compensation Schedule.
There is hereby established a unified pay schedule for positions identified in Volume III, Table II of the Hay Report, dated September 1990, and other such positions as may be subsequently determined, consisting of 19 Pay Grades A through V with Steps 1 through 10 per Pay Grade, and Pay Grades L6 through L1, an increment schedule consisting of at least Steps 11 through 20. The unified pay schedule identified as Attachment 1 to the Executive Branch Budget Act of 1992 is hereby incorporated herein. 4 GCA PUBLIC OFFICERS AND EMPLOYEES CH. 6 COMPENSATION OF PUBLIC EMPLOYEES
4 GCA PUBLIC OFFICERS AND EMPLOYEES CH. 6 COMPENSATION OF PUBLIC EMPLOYEES
SOURCE: GC § 4103. Amended by P.L. 15-136:2 (Aug. 22, 1980). Amended by P.L. 18-029:7 (Jan. 10, 1986). Subsections (c) and (d) added by P.L. 18-042:13 (Aug. 29, 1986). Repealed and reenacted by P.L. 21-059:7 (Sept. 27, 1991). NOTE: P.L. 21-059:7 (Sept. 27, 1991) effectuated a complete reenactment of the ‘Hay Study.’ 2014 NOTE: P.L. 32-068:XI:2 (Sept. 11, 2013) (FY2014 Annual Appropriations Act), Government of Guam Competitive Wage Act of 2014, provided for funding and implementation of the Government-wide Position Classification, Compensation and Benefits Study, and required transmittal of a final, implementable plan to the Guam Legislature. The Department of Administration (DOA) submitted a plan on January 15, 2014, which included exhibits setting forth a General Pay Plan, Nurse Pay Plan, Educator Pay Plan, Attorney Pay Plan, and Executive Pay Plan. The Guam Legislature passed Bill 268-32 (COR) which amended the plan submitted by DOA. The Governor vetoed this bill and proceeded with implementation of the DOA plan, for employees in executive branch line agencies, effective January 26, 2014. At the time of implementation by DOA, none of the existing statutes in this chapter had been amended or repealed. The Judicial Council of Guam implemented the new pay plans for Judiciary of Guam employees pursuant to Judicial Council Resolution JC14-016 (July 17, 2014), subsequent to the amendment to Judicial Council authority effectuated by P.L. 32-166 (June 24, 2014). The DOA plan was designated by the Guam Legislature as Doc 32GL-14-1170, and is available on the Guam Legislature website. The pay plans included in the DOA plan are reproduced below: Exhibit 1. General Pay Plan (GPP)
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Note: The table above contains steps one (1) through nine (9) of the GPP. This pay plan covers all positions not included in the Nurse Pay Plan (NPP), Education Pay Plan (EDU), Attorney Pay Plan (ATTY), and Executive Pay Plan (EXEC). Note: The table above contains steps one (10) through eighteen (18) of the GPP. This pay plan covers all positions not included in the Nurse Pay Plan (NPP), Education Pay Plan (EDU), Attorney Pay Plan (ATTY), and Executive Pay Plan (EXEC). Exhibit 2. Nurse Pay Plan (NPP) Exhibit 2. Nurse Pay Plan (NPP)
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Exhibit 3. Educator Pay Plan (EDU)
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Note: Teacher I-D through Teacher VI can be reclassified up to two (2) times a year based on meeting the Minimum Qualifications of the next level of Teacher within a given school year. This means that movement through the different pay grades can be done so in an expedited manner.
Exhibit 5. Executive Pay Plan (EXEC)
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P.L. 32-136:2 (Mar. 5, 2014) addresses the positions covered by the Executive Pay Plan, and states in its entirety: Section 2. Notwithstanding any other provision of law, rule, regulation, policy, or procedure, the salaries of all employees in the attached Exhibit A, which shall include, but not be limited to, I Maga’lahen Guåhan ‘s appointed cabinet members, shall be set at their respective salary rates that were effective on October 1, 2013. No appropriation or authorization from Fiscal Years 2014 and prior shall be authorized for the payment of salaries to the positions in Exhibit A at a salary rate above the salary rates that were effective on October 1, 2013.
4 GCA PUBLIC OFFICERS AND EMPLOYEES CH. 6 COMPENSATION OF PUBLIC EMPLOYEES
The reference to ‘Exhibit A’ in P.L. 32-136:2 is to the list entitled ‘Positions Covered by the Executive Pay Plan (EXEC)’ which was included in the DOA plan; however, Exhibit A to P.L. 32-136 excludes the positions of Administrative Director of the Courts and Deputy Administrative Director of the Courts. 2015 NOTE: P.L. 32-208 (Nov. 21, 2014) effectuated several changes to P.L. 32-136: it repealed and reenacted Section 1, which addressed salaries of the Governor, Lieutenant Governor, Senators of the Guam Legislature, and the Public Auditor; and Section 2, which addressed the positions covered by the Executive Pay Plan. In addition, P.L. 32-208:3 repealed Section 3 of P.L. 32-136, which amended 2 GCA § 1106(a) regarding legislative salaries. See 2 GCA § 1106, 2014 Comment. 2017 NOTE: P.L. 34-009:1 (May 23, 2017) amended Section 1 of P.L. 32-208 (Nov. 21, 2014), and provided that the salary of the Attorney General would be the rate set pursuant to the Competitive Wage Act of 2014; however, it did not repeal 5 GCA § 30116. This amendment also stated that the salary of the Public Auditor and the staff of the Office of Public Accountability were set pursuant to 1 GCA § 1907. In addition, P.L. 34-009 addressed compensation of the governor, lieutenant governor, and senators: Section 2 addressed senatorial salaries by adding 2 GCA § 1106.1; Section 3 addressed the governor’s salary by adding 5 GCA § 1103 (which was renumbered by the Compiler to 5 GCA § 1517), and Section 4 addressed the lieutenant governor’s salary by adding 5 GCA § 2100.1 (which was renumbered by the Compiler to 5 GCA § 2106).
§ 6202. Salary Increments.
Every classified employee in Pay Grades A through V shall be entitled to one step salary increment for satisfactory performance. Employees at Steps 1 through 6 shall be entitled to an increment after twelve (12) months of satisfactory performance. Employees at Steps 7 through 9 shall be entitled to an increment after eighteen (18) months of satisfactory performance. Employees at Step 10 shall be entitled to an increment equivalent to 3.5% of an employee’s based salary after twenty-four (24) months of satisfactory performance; the Director of Administration shall prepare an increment schedule consisting of at least Steps 11 to 20 to implement the 3.5% increment policy. SOURCE: GC § 4103.1 added by P.L. 16-111:II:25 (Oct. 7, 1982). Amended by P.L. 16-114:6 (Oct. 19, 1982). Repealed and reenacted by P.L. 21-059:7 (Sept. 27, 1991). Amended by P.L. 28-068:IV:42 (Sept. 30, 2005), effective January 1, 2006. NOTE: Effective January 1, 2006, reference to the ‘Civil Service Commission’ amended to ‘Director of Administration’ pursuant to P.L. 28-068:IV:45 (Sept. 30, 2005).
§ 6203. Merit Bonus.
Superior performance by a classified employee in Grades A through V shall be rewarded by a lump sum bonus based on an amount equivalent to 3.5% of the employee’s based salary. The merit bonus shall be automatic upon a superior rating evaluation conducted for increment purposes. The merit bonus is in addition to the increment provided under § 6102 and is limited to the fiscal year in which superior performance is rendered. SOURCE: GC § 4103.2 added by P.L. 16-111:II:20 (Oct. 7, 1982). Repealed and reenacted by P.L. 21-059:7(Sept. 27, 1991).
§ 6204. Cost of Living Adjustments.
I Maga’håga/Maga’låhi may institute a cost of living adjustment (COLA). The COLA shall not be a part of the employee’s base salary and shall be non-taxable; provided, however, that the COLA shall be considered as part of the base pay for retirement purposes. I Maga’håga/Maga’låhi may defer, uniformly reduce, or uniformly increase the COLA adjustments according to economic conditions. The Director of Administration shall consult with the Department of Commerce in determining the appropriate methodology to be applied. The feasibility of adopting the federal COLA system, in whole or in part, shall be considered by the Director of Administration. SOURCE: GC § 4104. Amended by P.L. 13-071:1 (Oct. 22, 1975). Repealed and reenacted by P.L. 21-059:7 (Sept. 27, 1991). Amended by P.L. 28-