§459. Waiver of increase in salary or compensation

A.(1) An elected official whose salary or compensation is increased during the term of office of the official may waive the right to accept such increase. If such official chooses to waive such increase, the official shall comply with each of the following at least fourteen days prior to the effective date of the increase:

(a) Notify the head of his agency, if applicable.

(b) Submit to the payroll officer of his agency an affidavit containing his name, the date, and a statement of the fact that he is waiving the increase in salary or compensation.

(2) Upon receipt of the affidavit, the payroll officer shall ensure that the elected official is paid or compensated at the same salary or rate he received immediately prior to the increase in salary or compensation.

B. If such an elected official is reelected to a new term, the elected official may choose to continue to waive the right to receive such increase in salary or compensation by submitting an affidavit stating such to the payroll officer at least fourteen days prior to the beginning of his new term of office.

C.(1) If the elected official decides to receive the increase in salary or compensation after waiving such increase, the elected official shall comply with each of the following at least fourteen days prior to the commencement of a new pay period:

(a) Notify the head of his agency, if applicable.

(b) Submit to the payroll officer of his agency an affidavit containing his name, the date, and a statement of fact that he is revoking his previous affidavit and that he intends to receive the increase in salary or compensation.

(2) Upon receipt of the affidavit as provided in this Subsection, the payroll officer shall ensure that the elected official is paid or compensated at the salary or rate of compensation after the increase. Such change in salary or compensation shall begin at the commencement of a new pay period.

D. All benefits shall be based on the amount of salary or compensation actually received by the elected official.

Acts 1993, No. 238, §1.