NY Civ Serv L § 132 (2021)
2021 New York Laws CVS - Civil Service Article 8 - Classification and Compensation of State Employees Title B - Salary Grades; Determination of Salaries 132 - Reallocations; Adjustment of Salaries.

§ 132. Reallocations;  adjustment  of  salaries.  1. When any position allocated to a salary grade in paragraph b of subdivision one of section one hundred thirty of this article is  reallocated  on  or  after  April first,  nineteen hundred seventy-nine to a higher salary grade the basic annual salary of an incumbent of such position on the effective date  of such reallocation shall be determined as follows:  (a)  If, immediately prior to the effective date of such reallocation, the basic annual salary of such incumbent is  identical  to  the  hiring rate,  performance  advancement  rate  one, performance advancement rate two, or job rate  of  the  lower  grade  from  which  such  position  is reallocated,  the  incumbent's basic annual salary shall be increased to the corresponding rate of compensation of the higher grade to which such position is reallocated.  (b) If, immediately prior to the effective date of such  reallocation, the basic annual salary of such incumbent is less than the job rate, and not  identical  to the hiring rate, performance advancement rate one, or performance advancement rate two of the  lower  grade  from  which  such position  is  reallocated,  the incumbent's basic annual salary shall be increased by an amount equal to the difference between the  next  higher rate  of  compensation of such lower grade and the corresponding rate of compensation of the higher grade to which such position is reallocated.  (c) If, immediately prior to the effective date of such  reallocation, the  basic  annual  salary of such incumbent exceeds the job rate of the lower grade from which such position  is  reallocated,  the  incumbent's basic  annual  salary  shall  be increased to the job rate of the higher grade to which such position is reallocated.  (d) In determining the increase to which such  incumbent  is  entitled under the provisions of paragraphs (a) or (b) or (c) of this subdivision the  amount  of such incumbent's basic annual salary which is considered to be longevity payment in accordance with the provisions of paragraph d of subdivision three of section one hundred thirty of this article shall not be considered as basic annual salary for the purpose of  determining such increase, and such amount shall be adjusted to the longevity amount appropriate for such higher salary grade and added to and become part of his basic annual salary in such higher grade.  (e)  The  provisions  of this subdivision shall apply to temporary and provisional employees, as well as permanent employees.   2. When a position allocated to a salary grade in section one  hundred thirty  of this article is reclassified to a title allocated to a higher salary  grade,  and  the  president  finds  that  such  reclassification represents  no  substantial  change  in duties and responsibilities from those associated with  the  former  title,  the  incumbent  thereof  may continue  to serve in such position without further examination, and his salary in this new title shall be  determined  in  accordance  with  the provisions  of  this  article.  This subdivision has no application to a reclassification obtained pursuant to subdivision five  of  section  one hundred twenty-one of this article.   3.  When a position allocated to a salary grade in paragraphs a, c, or d of subdivision one of section one hundred thirty of  this  article  is reallocated  on  or  after April first, nineteen hundred seventy-nine or when  a  position  allocated  to  a  salary  grade  in  paragraph  e  of subdivision  one of such section is reallocated on or after April first, nineteen hundred eighty-five to a higher salary grade other than  grades thirty-eight  or  M-eight,  the  annual  salary of an incumbent shall be determined in accordance with  the  provisions  of  subdivision  two  of section  one hundred thirty-one of this article; provided, however, that when  a  position  allocated  to  a  salary  grade  in  paragraph  a  of subdivision  one  of  such section one hundred thirty of this article is  reallocated to a higher salary grade on or after April  first,  nineteen hundred  eighty-six,  the  annual  salary  of the incumbent shall not be increased to more than one thousand five hundred dollars above  the  job rate of the higher salary grade; provided further, however, that, when a position  allocated to a salary grade in such paragraph a is reallocated to a higher salary grade on  or  after  April  first,  nineteen  hundred eighty-seven,  the annual salary of the incumbent shall not be increased to more than the second longevity step of the salary grade to which  the position is reallocated.   4.  Notwithstanding  the  provisions  of  subdivision  three  of  this section, when a position allocated to salary grade M/C 17  or  below  in paragraph  d  of  subdivision  one of section one hundred thirty of this article is reallocated to a higher salary grade on or after April first, nineteen hundred eighty-six, the annual salary of  the  incumbent  shall not  be  increased  to more than one thousand five hundred dollars above the job rate of the higher salary grade.   5. Notwithstanding the provisions of this chapter or any other law and where, and to the extent that, an agreement between  the  state  and  an employee  organization entered into pursuant to article fourteen of this chapter so provides on behalf of employees serving  in  positions  in  a collective  negotiating  unit  represented by such employee organization and for employees designated managerial or confidential pursuant to such article of this chapter and civilian state employees in the division  of military  and  naval  affairs whose positions are not in or are excluded from representation rights in any recognized  or  certified  negotiating unit,  when  positions allocated to one of the salary grades included in section one hundred thirty of this article are reallocated  to  a  lower salary grade, incumbents of such positions on the effective date of such reallocations  and  employees on authorized leave from such positions on the effective date of such reallocations who subsequently return to such positions shall be entitled to be paid, and shall have all future salary computations authorized by this article made, on the basis of the higher grade from which  such  positions  were  reallocated  as  long  as  such officers and employees serve in such position as so reallocated.