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Compensation And Benefits

Summaries

GA-0171
Greg Abbott

Overpayments of compensation to employees, recovery of|Recovery of state agency's overpayment of compensation to employee|Overpayment of compensation to employees, request to comptroller to recover

GA-0318
Greg Abbott

State Emergency Communications, Commission on, public members of are not entitled to receive compensatory per diem|Compensatory per diem, public members of the Commission on State Emergency Communications are not entitled to receive

GA-0572
Greg Abbott

State expenditure database, as private information a public employee's net salary information may not be included in|County-of-residence information, public employees' not required to be included in state expenditure database|Database of state expenditures may not include information identified by a state agency as excepted from required disclosure or as confidential|Database of state expenditures, Comptroller must establish and publish|State action, assuming that a private entity that is credentialed by the state to provide continuing education for peace officers and with which the state contracts to provide such training is engaging in|Union membership, classification on the basis of is subject to review under the rational-basis standard|Continuing education required by law, asuming that a private entity that is credentialed by and has contracted with the state to provide is engaging in state action; but such an entity's policy of reducing tuition for members of the entity rationally relates to a legitimate state purpose

GA-0677
Greg Abbott

Texas A&M University System, retiree participating in group benefits program is not eligible to also participate in Employees Retirement System group benefits program as active employee, but individual may elect to participate either as retiree or as active employee|Retiree who participates in Texas A&M University System group benefit program, but is now an active state employee, is not eligible to also participate in Employees Retirement System group benefits program, but individual may elect to participate either as retiree or as active employee

GA-0736
Greg Abbott

Adjutant general is precluded from accruing state compensatory leave by section 659.024(c), Government Code, as a single state officer who governs a state agency\r\n\r\n|Adjutant general is precluded from accruing state compensatory leave by section 659.024(c), Government Code, as a single state officer who governs a state agency|Assistant adjutant general is not a single state officer who governs a state agency under section 659.024(c), Government Code, and may accrue compensatory leave

DM-0275
Dan Morales

Service credit transferred from Teacher Retirement System to Employee Retirement System, TRS responsible for paying portion of early retirement incentive

DM-0346
Dan Morales

Liability insurance for state officers and employees, scope of rider regarding and whether purchase constitutes waiver of sovereign immunity (Withdrawn by Letter 7/31/96)|Liability insurance for employees purchased with appropriated funds, constitutionality and scope of rider regarding (Withdrawn by Letter 7/31/96)|Liability insurance, authority of Commission to purchase (Withdrawn by Letter 7/31/96)|Liability insurance for officers and employees, authority of state agency to purchase (Withdrawn by Letter 7/31/96)|Sovereign immunity, whether purchase of liability insurance constitutes waiver of (Withdrawn by Letter 7/31/96)|Liability insurance for employees, whether purchase of constitutes waiver of state's sovereign immunity (Withdrawn by Letter 7/31/96)

DM-0376
Dan Morales

Hazardous duty pay, employee's eligibility to receive|Hazardous duty pay, Youth Commission employee's eligibility

DM-0419
Dan Morales

Student loans, federal statute permitting Texas Guaranteed Student Loan Corporation to garnish wages of defaulters on federally-guaranteed loans overrides anti-garnishment provision of state constitution|Warrant for compensation is valuable property, statutory scheme for withholding should afford employee notice and hearing|Garnishment by comptroller of state employee wages to collect guaranteed student loans, permissibility under article XVI, section 28|Anti-garnishment provision of state constitution, federal statute permitting garnishment of wages of defaulters on federally-guaranteed loans overrides|Texas Guaranteed Student Loan Corporation, authority to garnish state and county employee wages|Garnishment of wages to collect guaranteed student loans|Salary warrants, authority to withhold from state employees who default on guaranteed student loans

DM-0457
Dan Morales

Volunteer|Volunteers providing services for state agencies without receiving compensation are not entitled to defense and indemnification for damages in lawsuit under chapter 104 of Civil Practice and Remedies Code|Volunteers providing services for state agencies without receiving compensation are not included within chapter 104 of Civil Practice and Remedies Code|Constructive enforcement volunteers assisting board with investigations are not entitled to defense and indemnification for damages in lawsuit under chapter 104 of Civil Practice and Remedies Code|Defamation suit, absolute privilege in for statements made as witness in judicial or quasi-judicial proceeding; conditional privilege for certain communications

JC-0040
John Cornyn

Vacation leave, offset of workers' compensation benefits against|Family Medical Leave Act of 1993 (FMLA), option of state employees on FMLA leave who are receiving workers' compensation benefits to substitute paid vacation leave for unpaid FMLA leave|Vacation leave, (1) offset of workers' compensation benefits against; (2) substitution of annual leave for unpaid leave under Federal Family Medical Leave Act of 1993|Workers' compensation benefits, offset of against vacation leave|Offset of state employee's workers' compensation benefits against vacation leave not permitted in absence of statutory authority

JC-0188
John Cornyn

Compensatory time|Compensatory leave, state employees may use while receiving weekly income benefits under workers' compensation law|Compensatory leave, state agencies may not require employees to exhaust before receiving weekly income benefits or prohibit employees from using while receiving weekly income benefits|Fair Labor Standards Act, compensatory time accrued by state employees under

JC-0261
John Cornyn

During|Salary limits applicable to retired agency employees rehired by agency to perform services substantially similar to services performed during last 12 months of service before retirement

JC-0302
John Cornyn

Vacation entitlement, statutory change in formula for calculating payments for on separation from state service does not abrogate vested rights

JC-0431
John Cornyn

Deferred compensation program involving transfer of shares in mutual fund, authority of state university system to offer

JC-0456
John Cornyn

Position classification plan, provisions of the appropriations act implementing|Appellate court briefing attorneys and law clerks entitled to across-the-board pay raise appropriated for state employees in 2001 General Appropriations Act if they meet the length of service requirements set out in the Act|Targeted pay raise

KP-0268
Ken Paxton

Government Code subsection 661.063(b) provides that vacation leave pay for an employee who separates from state employment while holding a position that does not accrue vacation time is computed using the "employee's final rate of compensation in the last position held that accrues vacation." In the hypothetical scenario you describe, the administrative position is the last position held that accrues vacation, so the compensation used for the calculation for payment of vacation leave is only the compensation paid for the administrative position.

Subsection 661.062(b)(5) entitles an employee to payment for vacation leave upon the occurrence of the described change in employment circumstances and "if the agency agrees to pay the employee for the accrued balance of the employee's vacation time." Thus, the entitlement arises on the fulfillment of both prerequisites, which will depend on particular facts.