---
title: "RSA 94 Compensation of Certain State Officers"
id: 9fa58c09-be7c-42db-a740-8fb8c02c405d
authority: us-nh
place: "New Hampshire"
applies_also_from: [us]
kind: statute
in_force: true
number: "94"
publisher_url: https://gc.nh.gov/rsa/html/VI/94/94-mrg.htm
solon_url: https://solon.orangecat.ch/law/9fa58c09-be7c-42db-a740-8fb8c02c405d
language: en
in_force_from: 2025-08-05
date_basis: retrieved
status: consolidated
source_url: https://web.archive.org/web/20250805121035id_/https://gc.nh.gov/rsa/html/VI/94/94-mrg.htm
copied_from: internet_archive
copy_captured_on: 2025-08-05
read_on: 2026-11-08
sha256: 30f046405996ee1651ef4549dde195384fdf0cc67ba0a4d8167492f89db73e34
provisions: 24
---

# RSA 94 Compensation of Certain State Officers

## 94:1 Repealed by 1975, 505:27, eff. July 1, 1975. {#sec_94-1}

Repealed by 1975, 505:27, eff. July 1, 1975.

## 94:1-a Salaries Established. {#sec_94-1-a}

I. (a) The following salary ranges shall apply to the following grades:
GRADE STEP 01 STEP 02 STEP 03 STEP 04 STEP 05 STEP 06 STEP 07 AA 63,655 67,797 71,969 76,111 80,253 84,395 88,567 BB 66,192 70,510 74,827 79,144 83,462 87,780 92,097 CC 69,255 73,777 78,299 82,820 87,342 91,864 96,385 DD 72,930 77,686 82,441 87,225 91,980 96,735 101,490 EE 77,220 82,266 87,342 92,389 97,435 102,482 107,558 FF 82,557 87,984 93,380 98,807 104,204 109,601 115,026 GG 89,121 94,955 100,819 106,654 112,488 118,352 124,187 HH 97,057 103,415 109,775 116,164 122,523 128,912 135,272 II 102,599 109,337 116,076 122,815 129,583 136,321 143,061 JJ 108,170 115,259 122,377 129,496 136,613 143,732 150,849 KK 110,913 118,206 125,528 132,821 140,114 147,407 154,700 LL 0 0 0 0 0 0 159,630 MM 0 0 0 0 0 0 165,027 NN 0 0 0 0 0 0 171,357 OO 0 0 0 0 0 0 178,738 PP 0 0 0 0 0 0 187,606 QQ 0 0 0 0 0 0 198,254 (b) The salary ranges in subparagraph (a) shall be for the positions set forth in the following grades:
AA Department of health and human services senior IT asset management specialist AA Executive council executive assistant BB Department of health and human services executive administrative assistant BB Department of health and human services continuity of operations planning specialist BB Department of justice consumer protection investigator BB Department of justice criminal justice investigator BB Department of justice assistant deputy medical examiner CC Department of corrections parole board director of operations CC Department of revenue administration multi-state tax auditor CC Real estate commission executive director CC Division of veterans services director CC Insurance department senior insurance fraud investigator CC Department of justice deputy chief investigator CC Department of justice chief forensic investigator DD Department of health and human services assistant bureau chief for child development and head start DD Department of health and human services director of minority affairs DD Department of health and human services, office of the commissioner executive office manager DD Department of health and human services process improvement specialist DD Department of health and human services attorney DD Department of state assistant secretary of state DD State treasurer assistant treasurer DD Department of health and human services HIPAA privacy officer DD Department of natural and cultural resources mountain manager DD Department of health and human services data systems analyst DD Department of agriculture, markets and food director DD Department of justice chief counsel justice investigator DD Department of revenue administration field audit leader DD Department of revenue administration field audit team leader DD Department of revenue administration manager DD Department of revenue administration director of collections division DD Department of revenue administration taxpayer advocate DD Department of health and human services program management chief DD Department of health and human services business improvement administrator DD Department of health and human services estate recovery counsel DD Insurance department director of health care analytics DD Department of administrative services education and training officer DD Board of tax and land appeals board member DD Board of tax and land appeals chairman DD Department of health and human services general counsel DD Department of health and human services business and industry coordinator DD Department of health and human services project manager DD Department of justice chief forensic investigator DD Housing appeals board member DD Housing appeals board chair DD Department of justice victim/witness specialist DD Department of business and economic affairs director of intergovernmental affairs DD Department of military affairs __ampersand__ veterans services director, division of community based military programs DD Department of military affairs __ampersand__ veterans services director, New Hampshire state veterans cemetery EE Department of health and human services, bureau of mental health assistant director EE Department of revenue administration chief of field audits EE Department of health and human services internal auditor EE Department of health and human services New Hampshire hospital director of compliance EE Department of health and human services director of provider relations EE Highway safety coordinator EE Insurance department compliance and enforcement counsel EE Insurance department health reform coordinator EE Department of health and human services senior project manager EE Department of Education director, division of higher education EE Department of revenue administration audit team leaders EE Department of state state archivist EE Department of health and human services general counsel specialist EE Department of health and human services litigation counsel EE Department of health and human services senior policy analyst EE Department of health and human services administrator of child development bureau EE Governor's commission on disability executive director EE Department of state, director and state registrar EE Department of agriculture, markets and foods assistant state veterinarian EE Insurance department communications director EE Department of natural and cultural resources director and state historic preservation officer EE Department of health and human services process improvement manager EE Department of health and human services substance use disorder planning and evaluation manager EE Department of health and human services manager, contracts quality and management EE Department of health and human services senior attorney FF New Hampshire port authority director FF McAuliffe-Shepard discovery center director FF Department of executive administrative services executive director, bureau of emergency communications FF Department of health and human services director of facilities and maintenance FF Department of transportation director of aeronautics, rail, and transit FF Department of justice director, office of victim/witness advocate FF Department of revenue administration assistant director, audit division FF Department of health and human services deputy chief counsel FF Department of health and human services senior general counsel FF Department of health and human services senior project manager FF Department of health and human services senior general counsel specialist FF Department of employment security counsel FF Insurance department property and casualty actuary FF Insurance department director of health economics FF Insurance department insurance fraud director FF Public utilities commission consumer advocate FF Department of revenue administration revenue counsel FF Department of health and human services director of mental health services FF Department of health and human services, division for children, youth and families director of legal services FF Department of revenue administration tax policy analyst FF Department of employment security insurance fraud investigator FF Banking department general counsel FF Department of health and human services director of the office of health equity FF Department of health and human services director of communications FF Department of health and human services senior project manager FF Department of justice director of communications FF Department of health and human services adult protective services administrator FF Department of health and human services bureau chief, drug __ampersand__ alcohol services FF Department of health and human services director, Medicaid policy __ampersand__ clinical programs GG Board of medicine executive director GG Liquor commission chief operating officer GG Liquor commission commissioner GG Liquor commission director of enforcement and licensing GG Liquor commission director of marketing, merchandising, and warehousing GG Adjutant general deputy adjutant general GG Department of education director, workforce innovation GG Department of education director, standards and certification GG Department of education director of instruction GG Department of health and human services director of developmental services GG Department of justice director GG Department of natural and cultural resources director, division of parks GG Department of health and human services director of legislative affairs GG Department of corrections director, division of administration GG Department of corrections director of personnel and information GG Department of corrections director of rehabilitative services GG Department of corrections psychiatrist GG Department of corrections senior physician GG Department of environmental services chief operations officer GG Department of health and human services director of child support services GG Department of employment security general counsel GG Department of natural and cultural resources state librarian GG Department of business and economic affairs director of economic development GG State treasurer deputy treasurer GG Banking department deputy bank commissioner GG Department of corrections director, division of field services GG Department of safety deputy director of motor vehicles GG Department of safety director of information technology GG Department of safety chief of policy and planning GG Police standards and training council director GG Department of business and economic affairs director of travel and tourism GG Department of natural and cultural resources director, forests and lands GG Department of health and human services director of quality assurance GG Department of health and human services director of Medicaid enterprise development GG Department of state deputy secretary of state GG State treasurer chief deputy treasurer GG Department of transportation director of policy and administration GG Department of information technology director GG Department of information technology director GG Insurance department chief financial examiner GG Department of corrections warden, New Hampshire correctional facility for women GG Public utilities commission administrator, site evaluation committee GG Department of safety assistant director, division of homeland security and emergency management GG Department of administrative services manager of employee relations GG Department of information technology assistant director, agency software division GG Department of health and human services deputy director, division of public health services GG Department of health and human services director, project management GG Department of health and human services bureau chief of elderly and adult services GG Department of administrative services deputy director, risk and benefits GG Department of corrections director, professional standards GG Department of health and human services information security officer GG Department of health and human services deputy director, division of economic and housing stability GG Department of safety deputy director, division of administration GG Department of corrections adult parole board chairman GG Department of health and human services director of contracts and procurement GG Department of administrative services deputy director, division of financial data management GG Department of administrative services deputy director, division of public works design and construction GG Department of administrative services superintendent of buildings and grounds, division of plant and property GG Department of administrative services superintendent of court facilities, division of plant and property GG Department of administrative services deputy director, division of plant and property GG Department of administrative services deputy director, division of personnel GG Insurance department general counsel GG Department of agriculture, markets and food assistant commissioner GG Department of state right-to-know ombudsperson GG Department of heath and human services director, Sununu youth services center GG Department of heath and human services chief quality improvement and compliance officer GG Department of heath and human services contract manager, Hampstead hospital and residential treatment facility GG Department of heath and human services deputy director, information services GG Department of heath and human services deputy director, division of behavioral health GG Department of heath and human services executive director, prescription drug affordability board GG Department of heath and human services deputy chief financial officer, inpatient mental health GG Department of administrative services advocate for special education GG Department of administrative services chief financial officer GG Office of professional licensure and certification director, licensing and board administration GG Office of professional licensure and certification director, enforcement division GG Public utilities commission senior advisor GG Department of administrative services deputy director, division of procurement and support services HH Department of administrative services director (comptroller) HH Department of administrative services director of information technology management HH Department of administrative services director of procurement and support services HH Department of administrative services director, division of personnel HH Department of administrative services director of enterprise applications management HH Department of agriculture, markets and food commissioner HH Department of corrections unit director non-medical HH Department of corrections warden, Northern New Hampshire corrections facility HH Department of environmental services director HH Department health and human services director of long term supports HH Department of health and human services chief legal counsel HH Department of information technology director HH Department of revenue administration director, division of municipal and property HH Department of revenue administration director of audit division HH Department of safety state fire marshal HH Department of transportation director of finance HH Department of health and human services director of data analytics and research HH Department of health and human services director of bureau of drug and alcohol services HH Fish and game department executive director HH Insurance department chief property and casualty actuary HH Insurance department deputy commissioner HH Judicial council executive director HH Labor department deputy commissioner HH Department of health and human services director, intergovernmental affairs HH Department of administrative services director (administrator), division of plant and property management HH Department of health and human services director, employee assistance program HH Liquor commission deputy commissioner HH New Hampshire hospital chief operating officer HH New Hampshire veterans' home commandant HH Public utilities commission general counsel HH Public utilities commission director of safety and security HH Public utilities commission executive director HH Department of information technology director HH Department of administrative services director of risk and benefits HH Department of employment security deputy commissioner HH Department of revenue administration director, division of municipal and property HH Insurance department director of financial regulation HH Department of safety director, division of fire standards and training and emergency medical services HH Insurance department chief life, accident and health actuary HH Department of administrative services, project management, innovation and operational analysis unit director HH New Hampshire hospital chief operating officer HH Department of information technology assistant chief information security officer HH Department of revenue administration director of taxpayer services HH Office of the child advocate director HH Department of health and human services executive director, Glencliff home HH Department of administrative services director, division of public works, design and construction HH Department of administrative services state budget officer HH Insurance department property and casualty director HH Insurance department life and health director HH Department of health and human services compliance officer, Hampstead hospital and residential treatment facility HH Department of health and human services general counsel, Hampstead hospital and residential treatment facility HH Department of health and human services deputy director, division of Medicaid services II Department of agriculture, markets and food state veterinarian II Department of health and human services Medicaid director II State treasurer treasurer II Adjutant general adjutant general II Department of corrections warden, New Hampshire state prison - men II Department of safety director of state police II Department of safety director of motor vehicles II Department of employment security commissioner II Banking department commissioner II Department of health and human services director of the division for children, youth and families II Department of education deputy commissioner II Department of transportation director of project development II Labor department commissioner II Insurance department insurance commissioner II Department of environmental services assistant commissioner II Department of health and human services director of public health II Department of state secretary of state II Department of corrections senior dentist II Liquor commission chairman II Office of professional licensure and certification executive director II Department of transportation director of operations II Department of safety director of homeland security and emergency management II Department of safety director of division of emergency services and communications II Lottery commission executive director II Department of health and human services chief financial officer II Department of health and human services director of behavioral health II Department of information technology chief information security officer II Department of safety director of administration II Department of health and human services director of economic and housing stability II Department of health and human services director of performance evaluation and innovation II Department of health and human services chief legal officer II Department of health and human services director of information services II Department of health and human services chief financial officer, inpatient mental health II Department of health and human services chief operating officer, Hampstead hospital and residential treatment facility II Department of health and human services chief financial officer, Hampstead hospital and residential treatment facility JJ Department of administrative services deputy commissioner JJ Department of health and human services associate commissioner JJ Department of health and human services associate commissioner JJ Department of health and human services associate commissioner JJ Public utilities commission chairman JJ Public utilities commission commissioner JJ Department of safety assistant commissioner JJ Department of justice deputy attorney general JJ Department of corrections assistant commissioner JJ Department of transportation deputy commissioner JJ Department of administrative services assistant commissioner JJ Department of revenue administration assistant commissioner KK Department of education commissioner KK Department of health and human services deputy commissioner KK Department of health and human services pharmacist KK Department of health and human services pharmacist KK Department of health and human services pharmacist KK Department of health and human services pharmacist KK Department of health and human services pharmacist KK Department of health and human services pharmacist KK Department of information technology deputy commissioner KK Department of transportation assistant commissioner KK Department of environmental services commissioner KK Department of business and economic affairs commissioner KK Department of corrections pharmacist LL Department of safety commissioner LL Department of transportation commissioner LL Department of justice attorney general LL Department of administrative services commissioner LL Department of corrections commissioner LL Department of revenue administration commissioner LL Department of information technology commissioner/CIO MM Department of health and human services commissioner MM Governor governor NN Department of justice deputy chief medical examiner NN Department of health and human services chief pharmacist NN Department of corrections chief pharmacist PP Department of health and human services Medicaid dental director PP New Hampshire hospital chief executive officer PP Department of health and human services chief executive officer, Hampstead hospital and residential treatment facility QQ Department of justice chief medical examiner (c) For attorney positions in the department of justice, except for the attorney general and deputy attorney general, the following shall apply commencing on July 14, 2023:
Minimum Market anchor Maximum $60,778 $140,802 Attorney $73,264 Assistant attorney general $99,796 Senior assistant attorney general $123,208 Associate attorney general $135,695 II. The salary wages for the positions set forth below shall be as follows commencing July 12, 2024:
Maximum Governor's councilors $20,129 Racing and charitable gaming commissioners $15,608 Sweepstakes commission, chairman $22,697 Sweepstakes commission, members $12,778 III. Officials named in this section shall be placed in the corresponding steps in the new salary ranges as their length of service justifies and in accordance with RSA 94:3. Lottery commissioners who are members of a multi-state lottery commission and who are authorized to be compensated for such services shall be compensated in addition to their salary under RSA 94:1-a, II, provided, that such additional salary equals no more than $50 per actual day worked plus reasonable expenses for duties performed as a multi-state lottery commissioner. Racing commissioners, lottery commissioners, and the state entomologist only excepted, any official whose salary upon placement in the new salary range is less than that of a subordinate classified employee shall be placed at the next higher step in range above said classified employee and shall be entitled to any increase provided for herein until the maximum provided herein is reached. However, in the event that the maximum of the unclassified position is less than the salary of said subordinate classified employee, the governor and council is authorized to increase the maximum of the unclassified position in an amount to provide a differential of not more than $1,000.
III-a. [Repealed.]
IV.
Part-Time Unclassified Employees. Notwithstanding any other provision of law, all part-time unclassified employees whose annual salary as established in RSA 94:1-a is in excess of $15,000 shall be paid on a per diem basis. For the purpose of this section, the commissioner of administrative services shall determine which unclassified employees are part-time. Said determination shall include, but not be limited to, certifiable daily recordation of such employee's actual presence at his place of work as well as such recordation of annual and sick leave actually taken by said employees. The per diem rate for such employees shall be determined by dividing the number of state working days excluding holidays into the salary established in RSA 94:1-a. Such part-time unclassified employees shall be entitled to such annual leave and sick leave as determined by the director of personnel based on the number of days actually worked. Such part-time unclassified employees shall be entitled to the same fringe benefits as other classified employees.
V. (a) Executive councilors may participate at their own expense in a group health and dental insurance arrangement during their tenure in office. Such group health and dental insurance arrangement shall be the state employees group insurance plan afforded full-time state employees.
(b) Notwithstanding the terms of any state employee group insurance contract or other state law to the contrary, executive councilors who have participated in a group health and dental insurance arrangement during their tenure in office, shall elect, within 30 days after they leave the executive council, either to continue to participate fully in that arrangement for as long as they choose to do so at their own expense, or to discontinue their participation.
(c) The commissioner of the department of administrative services shall invoice and collect amounts due from executive councilors and former executive council members. Collected amounts shall be deposited in the employee and retiree benefit risk management fund, established in RSA 21-I:30-e.
(d) Failure to remit payment for participation pursuant to subparagraph (a) in full within 30 days of billing shall be grounds for terminating benefits, effective with the beginning of the billing period. Reenrollment shall be dependent upon payment of outstanding participation or other amounts.
(e) Failure to remit payment in full for participation pursuant to subparagraph (b) within 60 days of billing shall be grounds for permanently terminating benefits effective upon the beginning of the billing period. Either in the billing notice or in a separate notice to the person billed, the department of administrative services shall advise that failure to pay the specified amount in full within the required time shall be grounds for permanent termination of benefits.
Source. 1953, 265:1. RSA 94:1. 1955, 153:2; 321:1; 323:4, 6; 335:8. 1957, 90:1; 223:2; 274:4, 7; 315:2. 1959, 199:4; 268:12. 1961, 166:5; 221:4; 222:5; 223:4; 266:12. 1963, 39:2; 132:2; 209:2; 303:14; 328:17. 1965, 267:7; 365:1. 1967, 95:6; 253:6; 333:2; 379:10; 413:3; 445:1. 1969, 108:2; 453:2; 466:2; 500:11, 12. 1970, 19:3, I, II; 29:8; 38:8, 9; 55:3; 57:3, 4. 1971, 130:3; 325:1; 346:1; 526:2; 541:19. 1972, 36:4; 60:45, 46. 1973, 6:5; 10:4; 182:2; 369:2; 377:5, 6; 400:2; 544:5; 582:3; 594:3. 1974, 40:79; 47:13. 1975, 146:7; 208:4; 239:1; 439:22; 505:11, 28, 29, 48. 1976, 21:1; 44:3. 1977, 365:2; 470:1; 485:5; 488:4; 499:5; 568:2; 600:59, I-III, IV, 114. 1978, 55:4. 1979, 246:2; 256:9; 359:7; 378:45; 388:1; 408:3; 434:60, 86, 102, 115; 471:8; 494:7; 495:4. 1981, 466:6; 568:37, I-III, 60, I, 136, I, 140, I, 163, I. 1982, 42:16, I, 53, 84, 85. 1983, 140:4; 170:2; 379:8; 383:13; 416:5, 52; 419:12; 436:7; 461:15, 18; 469:34-36, 119, II. 1985, 268:42; 337:11; 399:3, I, 23; 402:34; 405:4, 5; 410:9. 1986, 12:9, 10; 116:1, 2; 128:7; 135:4; 141:3; 202:25; 223:11; 231:5, 6, 8, 9. 1987, 124:4; 149:5; 340:2; 380:36, 37; 401:4-6; 406:8-10; 411:10. 1988, 107:5; 232:6; 269:9. 1989, 124:2; 231:4; 240:7, I, II; 246:1; 303:1; 323:7; 330:1, I, II, 2; 362:2; 388:5; 396:6, I-VI, 7, I-VI; 419:3, 4. 1990, 70:1; 73:1; 140:1; 211:2; 235:9; 246:3, 4, I, II. 1991, 173:3; 269:10, 11; 339:3, 4; 346:14, 15; 355:7, I, 11, 13, I, 92, I-V. 1992, 13:7; 165:5; 221:5; 289:4. 1993, 240:1; 321:3, I; 358:10, 22, 32-37, 87. 1994, 158:20; 212:2; 379:3; 385:1-4; 389:16, 17; 410:8. 1995, 10:3; 181:18; 182:1, 2; 190:13; 308:17, 52, 92; 310:42, 43. 1996, 159:4; 210:4; 228:16, 17. 1997, 82:1; 329:15; 351:13, 19, 20, 24-26. 1998, 81:1; 363:3; 385:3, 4; 386:17. 1999, 167:1; 225:10, 24, 29-34; 296:5; 317:5; 345:2, 5. 2000, 166:8, 246:1. 2001, 158:32, 89, 90, 101, 102; 225:3; 237:1, 12; 286:20; 290:7. 2002, 150:1, 2; 257:13. 2003, 319:86, 114, 115, 166. 2004, 97:8; 171:9, 28; 187:9; 257:31. 2005, 177:71-73, 83-88, 103; 218:5; 222:7. 2006, 120:1; 290:1, 6, 13, I, II. 2007, 263:12, 85, 87, 137-145; 361:33, 34. 2008, 25:2, 3; 61:5; 102:1; 361:12; 387:2, 3. 2009, 13:5, I, II; 52:2; 144:70, 107, 189; 222:5. 2010, 119:7; 236:1-8. 2011, 224:128, 197, 237, 322-325, II. 2012, 226:1, I-IV, 2, I, II, 3, I, eff. June 16, 2012. 2013, 144:155, 158, 161, eff. July 12, 2013; 144:156, 159, 162, eff. July 11, 2014; 144:157, 160, 163, eff. Jan. 9, 2015; 247:11, eff. July 24, 2013. 2015, 254:5, eff. Sept. 11, 2015; 274:5, 7, 9, eff. Jan. 8, 2016; 274:6, 8, 10, eff. Jan. 6, 2017; 276:8, eff. July 1, 2015; 276:166-171, eff. Nov. 15, 2015. 2016, 263:1, 2, I, II, eff. Aug. 14, 2016. 2017, 150:1-4, eff. Aug. 15, 2017; 154:4-8, eff. Aug. 15, 2017; 156:38, 47, I-III, 193, eff. July 1, 2017. 2018, 81:7, I, II, eff. May 25, 2018; 140:3, eff. May 30, 2018; 162:9, 11, 13, eff. June 8, 2018; 162:10, 12, 14, eff. Jan. 4, 2019; 200:9, III, eff. July 1, 2018; 233:1, I-V, 2, I-IX, eff. Aug. 7, 2018; 315:10, eff. Aug. 24, 2018; 335:1, I-XI, eff. June 25, 2018. 2019, 157:1, 2, eff. July 1, 2019; 185:1, I-V, eff. July 10, 2019; 273:7, eff. Sept. 17, 2019; 346:25, eff. July 1, 2019; 346:261, eff. July 1, 2020. 2020, 37:66, 67, 79, eff. Sept. 27, 2020. 2021, 91:336, 337 and 340, eff. July 2, 2021; 91:338, 339 and 341, eff. July 1, 2022; 122:3, 4, eff. Sept. 7, 2021; 202:2, Pt. 1, Secs. 1 and 2, eff. Oct. 9, 2021. 2022, 101:1, 2, eff. July 1, 2022; 138:3, eff. Aug. 6, 2022; 146:4, eff. June 7, 2022; 260:1, eff. June 24, 2022; 272:31, eff. June 30, 2022. 2023, 79:176, 177, 180, eff. July 14, 2023; 79:178, 179, eff. July 12, 2024. 2024, 7:2, eff. Apr. 12, 2024; 247:1, 2, eff. Sept. 17, 2024.

## 94:1-b Method of Determining Per Diem Allowance for Governor's Councilors. {#sec_94-1-b}

When the compensation of governor's councilors is expressed in terms of an annual salary, such salary shall be divided by 52 to determine the per diem allowance for governor's councilors for the purposes of RSA 9:7 or any other purpose.
Source. 1979, 434:28, eff. July 1, 1979.

## 94:1-c Salary of Acting Directors. {#sec_94-1-c}

When any classified or unclassified state employee is appointed or officially designated as the acting director or administrative head of any state agency or department to fill a vacancy in the director's or administrative head's position, he shall be compensated at the minimum step of the salary range or labor grade at which the director or administrative head is compensated. If the salary of the person appointed or designated as acting director or administrative head prior to such appointment or designation is greater than the minimum step of the salary range or labor grade at which the director or administrative head is to be compensated, he shall be compensated at the next step within the salary range or labor grade of the director or administrative head which is above the salary he was receiving prior to his appointment or designation.
Source. 1982, 42:48, eff. June 29, 1982.

## 94:1-d Allocation Decisions. {#sec_94-1-d}

Each acting director or administrative head of any state agency or department shall submit his or her recommendation relative to appropriate letter grades for any new position, vacancy, upgrade or downgrade occurring in the agency or department to the commissioner of administrative services. The commissioner shall submit the recommendation to an outside consultant retained for the purpose of assessing the appropriate letter grade of unclassified state officers. The consultant shall assess the recommended allocation, recommend an alternate allocation, if necessary, and include the reasoning for such allocation in its report. The commissioner shall submit the consultant's report to the joint committee established in RSA 14:14-c, for its review and temporary letter grade allocation.
Source. 1989, 396:12. 2006, 290:18, eff. June 15, 2006.

## 94:1-e Health and Human Services Reorganization; Certain Unclassified Employees. {#sec_94-1-e}

An employee of the department of health and human services who is appointed to an unclassified position at a lower level as a result of the 1995 department of health and human services reorganization act shall be paid at the same level as such employee was paid prior to the appointment until the pay in the appointed position exceeds the pay the employee was receiving at the time of the appointment.
Source. 1995, 310:196, eff. Nov. 1, 1995.

## 94:1-f Health and Human Services Review; Certain Unclassified Employees. {#sec_94-1-f}

I. The commissioner of the department of health and human services shall submit a list of names of incumbents and identify all current unclassified position titles and associated job responsibilities for positions established pursuant to 1995, 310 to the department of administrative services. The commissioner of the department of health and human services shall provide information pursuant to any requests from the department of administrative services to comply with the requirements of this section. The department of administrative services may review and change any existing position title to accurately reflect the current position responsibilities and recommend such change directly to the joint committee established in RSA 14:14-c to update RSA 94:1-a.
II. The commissioner of the department of administrative services shall submit the information to an outside consultant retained for the purpose of assessing the appropriate letter grade of unclassified state officers for those positions where the position title does not accurately reflect the job responsibilities. The consultant shall assess the recommended allocation, recommend an alternate allocation, if necessary, and include the reasoning for such allocation in its report. The commissioner shall submit the consultant's report to the joint committee established in RSA 14:14-c, for its review and temporary letter grade allocation. The department of health and human services shall make a contribution from an existing appropriation to the salary adjustment fund pursuant to RSA 99:4 to reimburse for the cost associated with the review of each position.
III. Any reclassification of salary shall not apply to any incumbent occupying the position unless the reclassification is to a higher salary grade designation. If such reclassification results in a lower salary grade designation, such designation shall occur when the incumbent vacates the position.
IV. Upon completion of the review process, subsequent vacancies of the positions shall be filled in accordance with RSA 94:6 and RSA 94:1-a.
V. All titles listed in RSA 94:1-a shall be subject to the requirements of this section, with the exception of the following positions: commissioner, deputy commissioner, associate commissioners, and chief executive officer for New Hampshire hospital. The joint committee may decline to review or exclude any other title from review as it deems necessary.
VI. All reviews and recommendations shall be completed no later than 7 years from the effective date of this section. The commissioner of the department of health and human services shall issue a progress report every 6 months from the effective date of this section to the fiscal committee of the general court until the process is completed.
Source. 2018, 233:6, eff. June 8, 2018. 2019, 185:3, eff. July 10, 2019. 2021, 202:2, Pt. I, Sec. 5, eff. Oct. 9, 2021. 2023, 79:456, eff. July 1, 2023.

## 94:2 Adjustment. {#sec_94-2}

I. Effective July 1, 1953, the annual salary of each official holding any of the positions named in RSA 94:1 shall be the minimum salary provided for therein except as otherwise provided. Any such official whose salary on June 30, 1953 is in excess of said minimum provided for his position shall be placed at the next higher step in the range and shall be entitled to any increase provided for herein until the maximum is reached. Provided further that any such official having had 10 years or more continuous service for the state shall be placed at the next higher step in the range.
II. Any official whose salary upon placement in the new salary range is less than that of a classified employee in his department shall be placed at the next higher step in range above said classified employee and shall be entitled to any increase provided for herein until the maximum is reached.
Source. 1953, 265:2, eff. July 1, 1953.

## 94:2-a Repealed by 1979, 68:1, eff. June 17, 1979. {#sec_94-2-a}

Repealed by 1979, 68:1, eff. June 17, 1979.

## 94:3 Yearly Service Increases. {#sec_94-3}

Upon recommendation of the appointing authority, the holder of any position mentioned in RSA 94:1-a shall be entitled to an annual increase in salary amounting to 1/6 of the difference between the minimum and maximum salary for said position but in no case shall the total salary exceed the maximum as herein established.
Source. 1953, 265:3. RSA 94:3. 1977, 600:73, eff. June 17, 1977. 2019, 157:3, eff. July 1, 2019.

## 94:3-a Annual and Sick Leave for Unclassified Legislative Employees and Executive Branch Unclassified and Nonclassified Employees. {#sec_94-3-a}

I. Annual Leave. All full-time, nonelective unclassified legislative officials and employees shall accumulate annual or biennial leave to the extent authorized for each position by the appointing authority. If, at the time of his separation from service, such an official or employee has credit for unutilized annual leave time, he shall be paid for such time at the same rate he was receiving at the time of his separation.
II. Sick Leave. All full-time, nonelective unclassified legislative officials and employees, shall accumulate sick leave credit to the extent authorized for each position by the appointing authority. All unutilized sick leave credit shall lapse at the time of separation from service, except that should such an official or employee die while in service, his estate shall be paid for any unutilized sick leave credit at the same rate the official or employee was receiving at the time of his death.
III. Transfer of Credit; Legislative. Any official or employee who transfers without a break in service, from the classified service to a full-time, nonelective, unclassified legislative position may transfer all the days of sick leave credit and annual leave credit that he has accumulated in the classified service. Any full-time, nonelective unclassified legislative official or employee who transfers, without a break in service, to the classified service may transfer all the days of sick leave credit and annual leave credit that he has accumulated in the unclassified service pursuant to this section. The rate of accrual for all sick and annual leave shall be the same as the rate immediately prior to the transfer.
III-a. Transfer of Credit; Executive. Any official or employee who transfers without a break in service, from the classified service to an unclassified or nonclassified executive branch position shall retain all annual leave, sick leave, longevity pay, and bonus leave already accumulated in the classified system. Such leave, longevity pay, and bonus time shall not be paid out until the employee's cessation of employment and shall be carried forward if the employee again transfers into the classified service.
IV. The appointing authority may deny compensation to any legislative official or employee for any annual leave time or sick leave time taken in excess of annual leave time or sick leave time accumulated pursuant to this section.
Source. 1969, 500:16. 1989, 396:1, eff. June 5, 1989. 2021, 91:356, eff. July 1, 2021.

## 94:3-b Salary Adjustment for Recruitment or Retention. {#sec_94-3-b}

I. Notwithstanding any other provisions of law to the contrary, upon the request of an appointing authority submitted to the commissioner of administrative services for review and evaluation and upon approval by the joint committee on employee classification, the governor and council is hereby authorized and empowered upon a finding by them that it is in the best interests of the state and is necessary in order to recruit and retain or recruit or retain qualified personnel to increase the salary ranges of unclassified positions.
I-a. Notwithstanding any other provisions of law to the contrary, for any expenditure more than $10,000 under this paragraph, upon the request of an appointing authority submitted to the commissioner of administrative services for review and evaluation and upon approval by the joint committee on employee classification, the governor and council is hereby authorized, upon a finding by them that it is in the best interests of the state and is necessary in order to recruit and retain or recruit or retain qualified personnel, to make recruitment or retention bonuses for classified clinical positions at New Hampshire hospital and the Glencliff home. The department of health and human services, in conjunction with the department of administrative services, is authorized to make any expenditure less than or equal to $10,000 under this paragraph.
II. The following increased salary amounts have been adopted pursuant to this section:
(a) Comptroller, department of administrative services, $99,000-$138,000
(b) Associate medical examiner, department of justice, $160,000-$240,000
(c) Deputy chief medical examiner, department of justice, $200,000-$260,000
(d) Chief medical examiner, department of justice, $210,000-$300,000
(e) Chief operating officer, New Hampshire hospital, department of health and human services, $93,759.12-$124,606.04
(f) Director of nursing, department of corrections, $110,000-$155,000
(g) Deputy director of the division of accounting services, department of administrative services, $87,000-$117,000.
(h) State epidemiologist, department of health and human services, $190,958.90-$237,600.00.
(i) Chief pharmacy board compliance investigator/inspector, Office of professional licensure and certification, $115,500-$165,000.
(j) Pharmacy inspector, office of professional licensure and certification, $104,500-$148,500.
Source. 1969, 500:15. 1970, 14:8. 2001, 158:105. 2006, 290:19, eff. June 15, 2006. 2018, 233:3, eff. Aug. 7, 2018. 2020, 37:68, eff. Sept. 27, 2020. 2021, 202:2, Pt. I, Sec. 3, eff. Oct. 9, 2021. 2022, 101:3, eff. July 1, 2022; 272:34, eff. July 1, 2022. 2024, 247:3, eff. Sept. 17, 2024.

## 94:3-c Disaster Relief Services Leave. {#sec_94-3-c}

I. Any state employee who is a certified disaster relief service volunteer of the American Red Cross may, with the authorization of the employee's supervisor, be granted leave not to exceed 15 working days in any fiscal year to participate in specialized disaster relief service work if:
(a) The request for service is made by the American Red Cross; and
(b) The disaster is designated as level III or above according to the American National Red Cross regulations and procedures.
II. An employee granted leave under this section shall not lose seniority, accumulated vacation leave, sick leave, or earned overtime. In addition, the employee shall be paid the employee's regular pay based on regular work hours during the leave.
III. The state shall not be liable for workers' compensation claims of the employee arising out of the disaster relief service work performed pursuant to this section.
Source. 2000, 252:2, eff. July 1, 2000.

## 94:4 Longevity Pay. {#sec_94-4}

Any state official who has completed 10 years of service for the state shall be paid, in addition to his or her statutory salary the sum of $350 annually and an additional $350 for each additional 5 years of state service. Any state official who transfers, without a break in service, to a position in the classified system may transfer all time served for purposes of longevity pay.
Source. 1947, 243:4. RSA 94:4. 1979, 434:64. 1989, 396:2. 2005, 177:90, eff. July 8, 2005. 2021, 91:350, eff. July 1, 2021.

## 94:4-a Death of Official in Office. {#sec_94-4-a}

In the event any official named in RSA 94:1 and 1-a shall die while in office, his estate shall be paid as a death benefit, an additional 20 days salary beyond the date of death. Any payments made pursuant to this section shall be a charge against the salary adjustment fund.
Source. 1969, 500:16, eff. July 3, 1969.

## 94:4-b Death of Legislative Officers, Officials, Employees and Attaches. {#sec_94-4-b}

I. A death benefit of an additional 20 days salary beyond the date of death shall be paid to the estate of the following legislative personnel:
(a) Legislative officers, who are not members of the general court, who die while in office.
(b) Nonelective full-time legislative officials or employees or attaches who die while employed.
(c) Nonelective temporary employees or attaches who die while the general court by which they are employed is in regular or special session.
II. Any payment made pursuant to this section shall be a charge against the salary adjustment fund.
Source. 1975, 191:1, eff. June 2, 1975.

## 94:4-c Unclassified to Classified State Service. {#sec_94-4-c}

Any unclassified state official or employee who transfers from the unclassified service, without a break in service, to the classified service, shall immediately begin to accumulate and utilize, as earned, annual and sick leave in accordance with the state collective bargaining agreement. The rate of accrual shall be according to continuous years worked.
Source. 1989, 396:3, eff. June 5, 1989.

## 94:4-d Classified State Service to Court System. {#sec_94-4-d}

Any full-time classified employee who transfers from classified service to the court system, without a break in service, may transfer all annual leave, sick leave, longevity pay, and bonus time already accumulated in the classified service to the court system.
Source. 1993, 358:92, eff. July 8, 1993.

## 94:5 Maintenance. {#sec_94-5}

I. The following positions shall carry with them maintenance:
(a), (b) [Repealed.]
(c) at the Glencliff home;
(1) administrator;
(d) [Repealed.]
II. Maintenance for the above positions shall consist only of the use of a furnished house or apartment located on the institution grounds and the following utilities; heat, gas, electricity, water and one institution extension phone to be used only for official state purposes.
III. No other unclassified state employee, except those specified in this section, shall receive any maintenance or payment in lieu thereof, provided however, that if quarters are available at any state institution or any state property, the department head thereof may assign to an unclassified employee such quarters, furnished or unfurnished, including any or all of the following utilities; heat, fuel, gas, electricity, and water, and provided further that a department head of a state agency which serves meals may permit any unclassified employee to purchase such meals. Any employee to whom such quarters have been assigned or who has been authorized to purchase such meals shall reimburse the state for such quarters or meals at a rate to be determined by the governor and council.
Source. 1953, 265:6. RSA 94:5. 1955, 153:3. 1957, 223:3. 1965, 365:2. 1973, 6:6; 10:5; 400:1; 594:2. 1975, 239:3. 1977, 568:2; 600:47. 1983, 416:37, I. 2007, 263:12. 2008, 61:6, eff. May 21, 2008.

## 94:5-a Repealed by 1994, 248:11, I, eff. June 2, 1994. {#sec_94-5-a}

Repealed by 1994, 248:11, I, eff. June 2, 1994.

## 94:6 New Appointments. {#sec_94-6}

In case of a new appointment to fill any vacancy the entrance salary shall be at the minimum of the established range unless, upon recommendation of the appointing authority, the governor and council shall establish, after due and proper investigation as to qualifications, a different entrance salary within the established range.
Source. 1953, 265:7. RSA 94:6. 1965, 301:1, eff. Feb. 26, 1965; 365:3, eff. July 2, 1965.

## 94:7 Increases for Certification or Eligibility for Certification. {#sec_94-7}

Upon the request of the appointing authority, the governor and council upon a finding that it is in the best interest of the state may increase the annual salary of any classified or unclassified employee by $1,000 if said employee is eligible for certification by the American board of any medical, dental, or surgical specialty and by $3,000 if said employee is certified by said board.
Source. 1965, 365:4. 1973, 470:1, eff. Aug. 29, 1973.

## 94:8 Administrators of State Institutions; Held Harmless for Certain Acts. {#sec_94-8}

If any administrator at Laconia developmental services, New Hampshire hospital, New Hampshire Veterans' home or the Glencliff home is sued by a resident or his legal representative on the grounds that he has not been compensated for services rendered in violation of the Fair Labor Standards Act, Public Law 93-259 , as now in effect or as hereafter amended, the attorney general shall defend the action and if a judgment is rendered against the administrator it shall be paid by the state.
Source. 1975, 240:1. 1977, 568:2. 1988, 107:5. 2007, 263:12, eff. July 1, 2007.

## 94:9 Terminal Pay. {#sec_94-9}

I. Any full-time state official or employee other than those in the state classified system who retires, resigns, dies in office, or is terminated as a result of not being reappointed, shall receive upon such cessation of employment 3 days' salary for each year of employment in nonclassified or unclassified service.
II. Terminal Pay; Leave Time and Longevity Pay. Any full-time state official or employee other than those in the state classified system who retires, resigns, dies in service, or is terminated shall receive termination pay that includes any unused annual leave, bonus leave, or longevity pay accumulated from their service as member of the classified system.
III. Terminal Pay; Sick Time. Any full-time state official or employee other than those in the state classified system who retires shall receive termination pay that includes unused sick leave accumulated while a member of the classified system. The calculation of such unclassified sick leave payout shall be according to the calculations of sick leave upon termination of service of a confidential classified employee as specified in the rules of the division of personnel.
IV. The governor is authorized to draw warrants for the sums necessary to make the payments under this section, which shall be a charge against the general fund or such special fund as may be appropriate.
Source. 1981, 568:133. 2001, 109:1, eff. June 26, 2001. 2021, 91:357, eff. July 1, 2021.