PUBLIC Law Chapter 20

of nonrecurring Personal Services costs within the account where

the savings exist. In the 2004-2005 biennium only, accrued savings

generated from vacant positions within a General Fund account's

appropriation for Personal Services may be used to offset Personal

Services shortfalls in other General Fund accounts that occur as a

direct result of Personal Services appropriation reductions for

projected vacancies provided that the transfer of such accrued

savings is subject to review by the Joint Standing Committee on

Appropriations and Financial Affairs. Costs related to acting

capacity appointments and emergency, unbudgeted overtime for which

it is impractical to budget in advance may be used with the

approval of the appointing authority. Other actions such as

retroactive compensation for reclassifications or reallocations and

retroactive or one-time settlements related to arbitrator or court

decisions must be recommended by the department of agency head and

approved by the State Budget Officer. Salary and employee benefits

savings may not be used to fund recurring Personal Services actions

either in the account where the savings exist or in another

account.

The amounts appropriated or allocated for Personal Services
include funds for the State's share of state employees'
retirement. The State Controller shall transfer the State's
share to the Maine State Retirement System as soon as practicable
after each payroll is paid.

Sec. A-4. Workers' compensation positions. Limited-period positions may
be established for former regular employees of the State who are
presently receiving workers' compensation payments for the State
when that action will enable those employees to return to
productive employment with the State. These positions may be
established, providing funds are available, only until those
employees can be returned to regular positions.

Notwithstanding any other restrictions on funds appropriated
or allocated, the State Budget Officer may, after determining
that funds are available, either approve the use of these funds
or recommend appropriate action to the Governor when the
Governor's approval is required.

Available funds may include amounts appropriated or allocated
for Personal Services, including funds in any salary account or
special account for state employee salary increases, All Other,
Capital Expenditures and unallocated.

Sec. A-5. Personal Services policy and review. The Department of
Administrative and Financial Services, Bureau of the Budget,
during the 2004-2005 biennium, shall continually review with all
state departments the status of their manpower levels and
staffing patterns for the purpose of determining

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