N.Y. STF Law § 200 — New York Code / Act STF / Article 14 / Section 200
Payment of salaries
Status: in_force

§ 200. Payment of salaries. 1. The salaries of all officers of the\nstate, and the wages of all employees thereof shall be due from and\npayable by the state bi-weekly, commencing with the fiscal year of the\nstate beginning April first, nineteen hundred fifty-six.\n  Nothing contained in this section shall prevent the staggering of\npayments of salaries and wages on different days of the bi-weekly\nperiods for administrative convenience. This section shall not be\nconstrued to apply to the members of the faculties, supervising staffs\nand other employees of the New York state colleges, schools and\nexperiment stations administered by Cornell university and Alfred\nuniversity.\n  2. Notwithstanding the provisions of subdivision one of this section,\nwhere the state and an employee organization representing state officers\nand employees who are in positions which are in collective negotiating\nunits established pursuant to article fourteen of the civil service law\nenter into an agreement providing for an alternative procedure for the\npayment of salaries to such employees or where the director of employee\nrelations shall authorize an alternative procedure for the payment of\nsalaries to state officers or employees in the executive branch who are\nin positions which are not in collective negotiating units, such\nalternative procedure shall be implemented in lieu of the procedure\nspecified in subdivision one of this section. Notwithstanding any other\nprovision of law to the contrary, where the state and an employee\norganization representing officers and employees in the executive branch\nwho are in positions which are in collective negotiating units\nestablished pursuant to article fourteen of the civil service law enter\ninto an agreement, or where the director of employee relations shall\nauthorize for officers and employees in the executive branch who are in\npositions which are not in collective negotiating units, the alternate\nprocedure specified herein shall be terminated for officers and\nemployees hired on or after July first, two thousand thirty. The\nalternate procedure specified herein shall also be terminated for: (i)\nnonjudicial officers and employees of the unified court system hired on\nor after July first, two thousand thirty, if the chief administrator of\nthe courts so elects; (ii) employees of the senate hired on or after\nJuly first, two thousand thirty, if the temporary president of the\nsenate so elects; (iii) employees of the assembly hired on or after July\nfirst, two thousand thirty, if the speaker of the assembly so elects;\nand (iv) employees of joint legislative employers hired on or after July\nfirst, two thousand thirty, if the temporary president of the senate and\nthe speaker of the assembly mutually so elect for all such joint\nlegislative employers. Any election made pursuant to paragraph (i),\n(ii), (iii), or (iv) of this subdivision shall be in writing and filed\nwith the state comptroller not later than thirty days after the\nenactment of this legislation.\n  2-a (a). Notwithstanding the provisions of any other law:\n  (1). For the payrolls covering officers and employees of the state,\nexcept as provided in subparagraph (2) of this pargagraph: commencing\nwith the institutional payroll period commencing December 27, 1990, and\nthe administrative payroll period commencing on January 3, 1991, payment\non the payment date of the five payroll periods commencing with such\ndates shall be for nine-tenths of that amount paid each payroll period\nuntil a total of five-tenths of salary for one payroll period that would\nbe paid but for this subdivision has been withheld. Thereafter, starting\nwith the sixth payroll period after December 27, 1990, or January 3,\n1991, as appropriate, payment shall be in the same manner as in effect\nprior to December 27, 1990, or January 3, 1991.\n  (2) The provisions of subparagraph (1) of this paragraph shall apply\nto officers and employees of the state subject to paragraph (1) of\nsubdivision b of section five of chapter 353 of the laws of 1982\ncommencing with the payroll period (and corresponding payment date)\nimmediately following the completion of the procedure for the payment of\nsalaries and wages established by the comptroller pursuant to such\nparagraph of chapter 353 of the laws of 1982.\n  (3) Where salary has been withheld pursuant to this subdivision, in\nlieu of such salary, an officer or employee who retires or otherwise\nseparates from service, or the beneficiary of an employee who dies,\nshall be entitled to a lump sum payment equal to the salary so withheld\nat the rate of basic annual salary in effect at the time of death,\nretirement, or other separation from service for each day or part\nthereof for which salary was withheld pursuant to this section, but in\nno case shall such lump sum payment be less than the amount of salary\noriginally withheld.\n  (b) (1) "Officers and employees of the state" shall mean (i) officers\nand employees of the executive branch (including the state university\nand the senior colleges of the city university of New York); (ii)\nofficers and employees of the statutory or contract colleges of the\nstate (but in the case of a statutory or contract college for which\nstate payment is made by reimbursement instead of direct payroll\npayment, such reimbursement shall be reduced and paid in a manner\nconsistent with the provisions of paragraph (a) of this subdivision);\n(iii) nonjudicial officers and employees of the unified court system if\nthe chief administrator of the courts so elects; (iv) employees of the\nsenate if the temporary president of the senate so elects; (v) employees\nof the assembly if the speaker of the assembly so elects; (vi) employees\nof joint legislative employers if the temporary president of the senate\nand the speaker of the assembly mutually so elect for all such joint\nlegislative employers. Any election made, pursuant to (iii), (iv), (v)\nor (vi) shall be in writing and filed with the state comptroller not\nlater than seven days from the date of enactment of this act; in the\ncase of an entity described in (iii) through (vi) for which an election\nis not made, other equivalent demonstrable savings shall be effected for\nthe fiscal year ending March 31, 1991.\n  (2) "Employees of the senate, assembly or a joint legislative\nemployer" shall be as defined in section 7-d of the legislative law\n(including sections 7-a and 7-b of such law) or by any other provision\nof law which classifies employees of an entity to be legislative\nemployees for all purposes; such term shall not include senators or\nmembers of the assembly.\n  (3) "Joint legislative employer" shall mean legislative commissions,\ncommittees, task forces, councils or similar bodies whose membership is\ncomprised of both senators and assembly members, or which consists of\ncommissioners, or the majority of whose membership is appointed by one\nor more of the following: the temporary president of the senate, the\nspeaker of the assembly, the minority leader of the senate, and/or the\nminority leader of the assembly. The temporary president of the senate\nand speaker of the assembly shall be the joint legislative employer of\nthe employees of the legislature referred to in sections 7-a and 7-b of\nthe legislative law.\n  (c) For officers and employees hired after the effective date of this\nact, the withholding of five days of salary shall be accomplished in the\nsame manner provided in paragraph (a) of this section provided, however,\nsuch withholding shall be taken on the first five payment dates in which\nsuch new employees would otherwise have received their salary.\nNotwithstanding any other provision of law to the contrary, where the\nstate and an employee organization representing officers and employees\nin the executive branch who are in positions which are in collective\nnegotiating units established pursuant to article fourteen of the civil\nservice law enter into an agreement, or where the director of employee\nrelations shall authorize for officers or employees in the executive\nbranch who are in positions which are not in collective negotiating\nunits, officers and employees hired on or after July first, two thousand\ntwenty-four, shall not be subject to the withholding of five days of\nsalary on their first five payment dates as specified herein. Such\nwithholding shall not be taken for: (i) nonjudicial officers and\nemployees of the unified court system hired on or after July first, two\nthousand twenty-four, if the chief administrator of the courts so\nelects; (ii) employees of the senate hired on or after July first, two\nthousand twenty-four, if the temporary president of the senate so\nelects; (iii) employees of the assembly hired on or after July first,\ntwo thousand twenty-four, if the speaker of the assembly so elects; and\n(iv) employees of joint legislative employers hired on or after July\nfirst, two thousand twenty-four, if the temporary president of the\nsenate and the speaker of the assembly mutually so elect for all such\njoint legislative employers. Any election made pursuant to subparagraph\n(i), (ii), (iii), or (iv) of this paragraph shall be in writing and\nfiled with the state comptroller not later than thirty days after the\nenactment of this legislation.\n  2-b. (a) For nonjudicial officers and employees of the unified court\nsystem: commencing with the earliest administratively feasible payroll\nperiod (and corresponding payment date) subsequent to the date this\nsubdivision becomes a law, payment on the payment date of the five\npayroll periods commencing thereon shall be for nine-tenths of that\namount paid each payroll period until a total of five-tenths of salary\nfor one payroll period that would be paid but for this provision has\nbeen withheld. For nonjudicial officers and employees hired after the\ndate this subdivision becomes a law, the withholding of five days of\nsalary shall be accomplished in the same manner described above,\nprovided, however, such withholding shall be made on the first five\npayment dates in which such new officers or employees would otherwise\nhave received their salary. Notwithstanding any other provision of law\nto the contrary, such withholding shall not be taken for nonjudicial\nofficers and employees of the unified court system hired on or after\nJuly first, two thousand twenty-four, if the chief administrator of the\ncourts so elects. Any election made pursuant to this subdivision shall\nbe in writing and filed with the state comptroller not later than thirty\ndays after the enactment of this legislation.\n  (b) Where salary has been withheld pursuant to this subdivision, in\nlieu of such salary, an officer or employee who retires or otherwise\nseparates from service, or the beneficiary of an employee who dies,\nshall be entitled to a lump sum payment equal to the salary so withheld\nat the rate of basic annual salary in effect at the time of death,\nretirement, or other separation from service for each day or part\nthereof for which salary was withheld pursuant to this section, but in\nno case shall such lump sum payment be less than the amount of salary\noriginally withheld.\n  3. (a) In any case where a state employee has, as a result of an\nadministrative error by the state, received salary or other compensation\npayments in excess of that to which he or she was entitled, the state\nwill not attempt to recover such overpayment, except in those cases\ndescribed in paragraph (b) of this subdivision. Notwithstanding the\nforegoing, the state will, where such overpayment is still continuing,\nimmediately reduce such employee's current salary so that the salary\npaid to such employee prospectively is the salary which the employee is\nentitled to receive.\n  (b) Nothing contained in paragraph (a) of this subdivision shall\nprevent the state from recovering, by offset or otherwise, any\noverpayment made (i) for a period when the employee was neither\nperforming services for the state nor on approved leave or (ii) under\ncircumstances where the comptroller reasonably determines that the\nemployee knew, or that a reasonable employee should have known, that the\nsalary paid to him or her was in excess of that which he or she was\nentitled to receive.\n  4. (a) (i) Upon the written request from a state employee hired on or\nbefore January first, two thousand twenty-three, the comptroller may\ncause, in accordance with the rules and regulations promulgated pursuant\nto paragraph (b) of this subdivision, such employee's net salary, or any\nportion thereof designated by the employee, to be deposited directly in\na bank for any purpose to an account in the name of such employee, on\nforms provided by the comptroller, and duly filed in accordance with\nsuch regulations.\n  (ii) On and after January first, two thousand twenty-three, the\ncomptroller shall cause, in accordance with the rules and regulations\npromulgated pursuant to paragraph (b) of this subdivision, a state\nemployee's net salary to be deposited directly in a bank for any purpose\nto an account in the name of such employee, and into which such employee\nhas authorized such employee's net salary be deposited, on forms\nprovided by the comptroller, and duly filed in accordance with such\nregulations. Provided, however, such employee may submit a request for\nexemption from the provisions of this subparagraph on a form provided by\nthe comptroller.\n  (iii) The net salary of such state employee shall be paid in the form\nof a paper check until the employee provides the account information for\na bank account in such employee's name which is authorized by the\nemployee for the purpose of the direct deposit of his or her salary\npursuant to this subdivision.\n  (iv) Nothing set forth in this subdivision shall be construed to\nimpede, infringe upon, or supersede an agreement providing for the\npayment of salaries between the state and an employee organization\nrepresenting state officers and employees who are in positions which are\nin collective negotiating units pursuant to article fourteen of the\ncivil service law.\n  (b) The comptroller is hereby authorized to promulgate reasonable\nrules and regulations, as may be necessary, to administer the direct\ndeposit of employees' salaries. In regard to the deposit of a portion of\nan employee's net salary, such regulations may establish a minimum\ndollar amount and may limit the maximum number of partial deposits\nallowed.\n  (c) Any employee who requests to have their salary deposited directly\nin a bank pursuant to this section, may opt out of receiving a paper pay\nstub and may instead receive electronic confirmation of the information\nthat would otherwise be included in the pay stub.\n  (d) The comptroller is hereby authorized to promulgate reasonable\nrules and regulations, as may be necessary, to administer the electronic\nconfirmation referenced in paragraph (c) of this subdivision. The\ncomptroller shall provide notice of the electronic confirmation system\nin each employee's paper pay stub.\n  (e) As used in this subdivision, the term "bank" shall include any\nfinancial institution which is a member of the New York automated\nclearing house or any other financial institution designated by the\ncomptroller.\n  5. Notwithstanding any law to the contrary, by agreement between the\nstate and an employee organization entered into pursuant to article\nfourteen of the civil service law, or by an interest arbitration award\nbinding the state and an employee organization pursuant to article\nfourteen of the civil service law, or by the director of budget for\nstate officers and employees in the executive branch who are in\npositions which are not in collective negotiating units, plans may be\nestablished to reduce the basic annual salary, hourly rate or per diem\nfor any employee within the purview of such agreement, interest\narbitration award, or the budget director's authority. Any plan or plans\nestablished under this section will be implemented when the budget\ndirector notifies the director of the governor's office of employee\nrelations and delivers such plan or plans to the comptroller, at which\npoint the comptroller will take the necessary actions to reduce,\nrestore, or repay compensation, provided however, that the comptroller\nmust take such actions wholly within the fiscal year that such plan\nrequires. After the cessation of such plan, the comptroller shall\nrestore such salary, hourly rate or per diem to the amount in effect\nimmediately before the commencement of such plan.\n