NY Civ Serv L § 135 (2021)
2021 New York Laws CVS - Civil Service Article 8 - Classification and Compensation of State Employees Title B - Salary Grades; Determination of Salaries 135 - Extra Salary or Compensation Prohibited.

§ 135. Extra salary or compensation prohibited. 1. No person holding a position  or  employment in any department, bureau, commission or office to which this article  applies  and  for  which  a  definite  salary  or compensation  has  been  appropriated  or  designated, shall receive any extra salary or  compensation  in  addition  to  that  so  fixed  except overtime  compensation as provided in section one hundred thirty-four of this title. The requirements of this subdivision shall not apply to:  (a) clinical practice pursuant to subdivision fourteen of section  two hundred six of the public health law, or  (b)  certain employees of the department of motor vehicles who receive certain incentive payments for  productivity  standards  pursuant  to  a program   established   by   such   department  since  nineteen  hundred seventy-seven, or  (c) employees in the office of general services who are  specified  as eligible  under  a labor management memorandum of understanding with the appropriate  employee  representative  organization  to  participate  in practices or programs constituting one or more pilot studies to evaluate the effect of extra compensation on productivity, efficiency and overall service  delivery.  The commissioner of general services in consultation with the director of the governor's office of employee relations and the director of classification and compensation in the department  and  with the  approval  of  the  director  of  the budget is hereby authorized to direct the payment of extra compensation to such employees.  Such  extra compensation shall be paid pursuant to a specified plan developed by the commissioner  of general services which shall be effective when approved by the director of the budget. The payment of  such  extra  compensation shall  be  in  addition  to and shall not be part of an employee's basic annual  salary,  and  shall  not  affect  or  impair   any   performance advancement  payments,  performance  awards, longevity payments or other rights or benefits to which an employee may  be  entitled.  Furthermore, any  additional  compensation payable pursuant to this subdivision shall not be included as compensation for retirement purposes.  (d) payments  made  pursuant  to  a  collective  bargaining  agreement negotiated  pursuant  to article fourteen of this chapter or regulations promulgated by the president pursuant to subdivision  three  of  section one  hundred  sixty-three  of  this  chapter  permitting  payment  to an employee or officer in exchange for the employee's election to  withdraw from the health insurance plan established pursuant to article eleven of this  chapter.  Such  payments  shall  not  be  considered  part  of  an employee's basic annual salary and shall not be considered  compensation for the purposes of overtime calculation or retirement.   2.  Any  contribution by the state of food, lodging or maintenance, or any commutation in lieu of maintenance, except  traveling  expenses  and field  allowances, shall be considered as part of the salary established by section one hundred thirty of this chapter. The fair  value  of  such food,  lodging,  maintenance  or  commutation shall be determined by the director of the budget and may in his discretion be  deducted  from  the salary  established  by  said  section. No employee shall board or lodge away from any institution or hospital which  regularly  furnishes  food, lodging  or  maintenance,  without  the  permission  of  the head of the institution or department by which he is employed. The director  of  the budget  may  deduct  from the salary of any employee who fails to obtain such permission, the fair value of food, lodging  or  maintenance  which such  institution  or  hospital has offered to furnish to such employee. Whenever a chaplain employed in any state institution is not furnished a residence by the state, twenty per cent of his annual  salary  shall  be deemed  to  constitute  the  amount  to  be  paid to him in lieu of such residence.