More than half of the employees at Workforce Safety and Insurance have been given raises or back pay as a result of an attorney general's opinion that said they should have been included in raises given by legislators.

The Legislature approved giving state employees a 4 percent pay raise beginning in July 2005 and another 4 percent in July 2006, but because WSI employees are not part of the state's personnel system, not all of the employees received raises as high as 4 percent.

WSIhas its own system of giving raises based on performance. The agency was removed from the state classification and compensation system in 1996 and previously has been exempted from pay raises granted by legislators.

"Whoever drafted that legislation unintentionally included us in the 4 percent raise," said Mark Armstrong, a spokesman for WSI.

The opinion affected 122 of the agency's 223 employees. The additional raises and back pay will cost the agency $64,700 in the 2005-07 biennium.

Although WSI employees are normally exempt from pay raises the Legislature grants to state employees, Attorney General Wayne Stenehjem wrote in his June 16 opinion that nothing in the 2005 legislation exempted WSI.

"In this legislation, the Legislature unequivocally expressed its intent that the compensation adjustments were to be "across-the-board" for all eligible permanent state employees beginning each July of the biennium. No provision exempting employees of WSI was contained in this legislation," Stenehjem wrote.

Sen. Bob Stenehjem, R-Bismarck, the main sponsor of the bill in the Senate, said his understanding was that everyone would get 4 percent raises.

"On our end, everybody should have gotten the four and four," Stenehjem said.

Rep. Ron Carlisle, R-Bismarck, the main sponsor of the bill in the House, said he doesn't remember if discussion of WSIemployees ever came up in committee hearings on the bill.

"My intent was the four and four,"Carlisle said.

Carlisle said the issue probably will be addressed in the 2007 Legislature, which begins in January.

Armstrong said WSI director Sandy Blunt wants to introduce legislation to permanently exempt WSIemployees from pay raises that the Legislature approves for state employees because they have their own system in place. Armstrong said the agency first became aware of the issue when Stenehjem's opinion was issued.

State Auditor Robert Peterson requested the opinion when questions arose during an audit of the agency.

Armstrong said the employees received the back pay and raises this month. A total of 51 employees received $15,200 in back pay, and 105 received raises in July that will cost $49,500. Some of the employees who received raises also received back pay.

Armstrong said the agency is still determining how they will cover the unexpected costs. He said they are considering asking the Budget Section, a committee of legislators, for some additional funding.

WSI, formerly known as the Workers Compensation Bureau, provides companies with insurance that can cover injured employees. The agency also provides safety and education training and programs to help injured workers return to their jobs.

(Reach reporter Tom Rafferty at 223-8482 or tom.rafferty@;bismarcktribune.com.)