NY State Fin L § 200 (2021)
2021 New York Laws STF - State Finance Article 14 - Salaries and Employee Benefits 200 - Payment of Salaries.

§  200.  Payment  of  salaries. 1. The salaries of all officers of the state, and the wages of all employees thereof  shall  be  due  from  and payable  by  the state bi-weekly, commencing with the fiscal year of the state beginning April first, nineteen hundred fifty-six.   Nothing contained in this section  shall  prevent  the  staggering  of payments  of  salaries  and  wages  on  different  days of the bi-weekly periods for  administrative  convenience.  This  section  shall  not  be construed  to  apply to the members of the faculties, supervising staffs and other  employees  of  the  New  York  state  colleges,  schools  and experiment  stations  administered  by  Cornell  university  and  Alfred university.   2. Notwithstanding the provisions of subdivision one of this  section, where the state and an employee organization representing state officers and  employees  who are in positions which are in collective negotiating units established pursuant to article fourteen of the civil service  law enter  into  an agreement providing for an alternative procedure for the payment of salaries to such employees or where the director of  employee relations  shall  authorize  an alternative procedure for the payment of salaries to state officers or employees in the executive branch who  are in  positions  which  are  not  in  collective  negotiating  units, such alternative procedure shall be implemented  in  lieu  of  the  procedure specified in subdivision one of this section.   2-a (a). Notwithstanding the provisions of any other law:  (1).  For  the  payrolls covering officers and employees of the state, except as provided in subparagraph (2) of  this  pargagraph:  commencing with  the institutional payroll period commencing December 27, 1990, and the administrative payroll period commencing on January 3, 1991, payment on the payment date of the five payroll  periods  commencing  with  such dates  shall  be for nine-tenths of that amount paid each payroll period until a total of five-tenths of salary for one payroll period that would be paid but for this subdivision has been withheld. Thereafter, starting with the sixth payroll period after December 27,  1990,  or  January  3, 1991,  as  appropriate, payment shall be in the same manner as in effect prior to December 27, 1990, or January 3, 1991.  (2) The provisions of subparagraph (1) of this paragraph  shall  apply to  officers  and  employees  of  the  state subject to paragraph (1) of subdivision b of section five  of  chapter  353  of  the  laws  of  1982 commencing  with  the  payroll  period  (and corresponding payment date) immediately following the completion of the procedure for the payment of salaries and wages established  by  the  comptroller  pursuant  to  such paragraph of chapter 353 of the laws of 1982.  (3)  Where  salary  has been withheld pursuant to this subdivision, in lieu of such salary, an officer or employee  who  retires  or  otherwise separates  from  service,  or  the  beneficiary of an employee who dies, shall be entitled to a lump sum payment equal to the salary so  withheld at  the  rate  of  basic  annual  salary in effect at the time of death, retirement, or other separation  from  service  for  each  day  or  part thereof  for  which salary was withheld pursuant to this section, but in no case shall such lump sum payment be less than the  amount  of  salary originally withheld.  (b)  (1) "Officers and employees of the state" shall mean (i) officers and employees of the executive branch (including  the  state  university and  the  senior  colleges  of  the  city  university of New York); (ii) officers and employees of the statutory  or  contract  colleges  of  the state  (but  in  the  case  of a statutory or contract college for which state payment  is  made  by  reimbursement  instead  of  direct  payroll payment,  such  reimbursement  shall  be  reduced  and  paid in a manner consistent with the provisions of paragraph (a)  of  this  subdivision);  (iii)  nonjudicial officers and employees of the unified court system if the chief administrator of the courts so elects; (iv) employees  of  the senate if the temporary president of the senate so elects; (v) employees of the assembly if the speaker of the assembly so elects; (vi) employees of  joint legislative employers if the temporary president of the senate and the speaker of the assembly mutually so elect  for  all  such  joint legislative  employers.  Any election made, pursuant to (iii), (iv), (v) or (vi) shall be in writing and filed with  the  state  comptroller  not later  than  seven  days  from the date of enactment of this act; in the case of an entity described in (iii) through (vi) for which an  election is not made, other equivalent demonstrable savings shall be effected for the fiscal year ending March 31, 1991.  (2)  "Employees  of  the  senate,  assembly  or  a  joint  legislative employer" shall be as defined in section  7-d  of  the  legislative  law (including  sections  7-a and 7-b of such law) or by any other provision of law which  classifies  employees  of  an  entity  to  be  legislative employees  for  all  purposes;  such  term shall not include senators or members of the assembly.  (3) "Joint legislative employer" shall mean  legislative  commissions, committees,  task forces, councils or similar bodies whose membership is comprised of both senators and assembly members, or  which  consists  of commissioners,  or  the majority of whose membership is appointed by one or more of the following: the temporary president  of  the  senate,  the speaker  of  the assembly, the minority leader of the senate, and/or the minority leader of the assembly. The temporary president of  the  senate and  speaker  of the assembly shall be the joint legislative employer of the employees of the legislature referred to in sections 7-a and 7-b  of the legislative law.  (c)  For officers and employees hired after the effective date of this act, the withholding of five days of salary shall be accomplished in the same manner provided in paragraph (a) of this section provided, however, such withholding shall be taken on the first five payment dates in which such new employees would otherwise have received their salary.   2-b. (a) For nonjudicial officers and employees of the  unified  court system:  commencing  with the earliest administratively feasible payroll period (and corresponding payment date)  subsequent  to  the  date  this subdivision  becomes  a  law,  payment  on  the payment date of the five payroll periods commencing thereon shall  be  for  nine-tenths  of  that amount  paid  each payroll period until a total of five-tenths of salary for one payroll period that would be paid but  for  this  provision  has been  withheld.  For  nonjudicial officers and employees hired after the date this subdivision becomes a law, the withholding  of  five  days  of salary  shall  be  accomplished  in  the  same  manner  described above, provided, however, such withholding shall be  made  on  the  first  five payment  dates  in  which such new officers or employees would otherwise have received their salary.  (b) Where salary has been withheld pursuant to  this  subdivision,  in lieu  of  such  salary,  an officer or employee who retires or otherwise separates from service, or the beneficiary  of  an  employee  who  dies, shall  be entitled to a lump sum payment equal to the salary so withheld at the rate of basic annual salary in  effect  at  the  time  of  death, retirement,  or  other  separation  from  service  for  each day or part thereof for which salary was withheld pursuant to this section,  but  in no  case  shall  such lump sum payment be less than the amount of salary originally withheld.   3. (a) In any case where a state employee  has,  as  a  result  of  an administrative error by the state, received salary or other compensation payments  in  excess  of that to which he or she was entitled, the state  will not attempt to recover such  overpayment,  except  in  those  cases described  in  paragraph  (b)  of  this subdivision. Notwithstanding the foregoing, the state will, where such overpayment is  still  continuing, immediately  reduce  such  employee's  current salary so that the salary paid to such employee prospectively is the salary which the employee  is entitled to receive.  (b)  Nothing  contained  in  paragraph  (a)  of this subdivision shall prevent  the  state  from  recovering,  by  offset  or  otherwise,   any overpayment  made  (i)  for  a  period  when  the  employee  was neither performing services for the state nor on approved leave  or  (ii)  under circumstances  where  the  comptroller  reasonably  determines  that the employee knew, or that a reasonable employee should have known, that the salary paid to him or her was in excess of that  which  he  or  she  was entitled to receive.   4. (a) Upon the written request from a state employee, the comptroller may  cause,  in  accordance  with  the rules and regulations promulgated pursuant to paragraph (b)  of  this  subdivision,  such  employee's  net salary,  or  any  portion  thereof  designated  by  the  employee, to be deposited directly in a bank for any purpose to an account in  the  name of  such  employee, on forms provided by the comptroller, and duly filed in accordance with such regulations.  (b) The comptroller is  hereby  authorized  to  promulgate  reasonable rules  and  regulations,  as  may be necessary, to administer the direct deposit of employees' salaries. In regard to the deposit of a portion of an employee's net salary,  such  regulations  may  establish  a  minimum dollar  amount  and  may  limit  the  maximum number of partial deposits allowed.  (c) Any employee who requests to have their salary deposited  directly in a bank pursuant to this section, may opt out of receiving a paper pay stub  and may instead receive electronic confirmation of the information that would otherwise be included in the pay stub.  (d) The comptroller is  hereby  authorized  to  promulgate  reasonable rules and regulations, as may be necessary, to administer the electronic confirmation  referenced  in  paragraph  (c)  of  this  subdivision. The comptroller shall provide notice of the electronic  confirmation  system in each employee's paper pay stub.  (e)  As  used  in  this subdivision, the term "bank" shall include any financial institution which is  a  member  of  the  New  York  automated clearing  house  or  any  other  financial institution designated by the comptroller.   5. Notwithstanding any law to the contrary, by agreement  between  the state  and  an  employee  organization  entered into pursuant to article fourteen of the civil service law, or by an interest  arbitration  award binding  the  state  and  an  employee  organization pursuant to article fourteen of the civil service law, or by  the  director  of  budget  for state  officers  and  employees  in  the  executive  branch  who  are in positions which are not in collective negotiating units,  plans  may  be established  to  reduce the basic annual salary, hourly rate or per diem for  any  employee  within  the  purview  of  such  agreement,  interest arbitration award, or the budget director's authority. Any plan or plans established  under  this  section  will  be  implemented when the budget director notifies the director of  the  governor's  office  of  employee relations  and  delivers such plan or plans to the comptroller, at which point the  comptroller  will  take  the  necessary  actions  to  reduce, restore,  or  repay compensation, provided however, that the comptroller must take such actions wholly within the  fiscal  year  that  such  plan requires.  After  the  cessation  of  such  plan,  the comptroller shall  restore such salary, hourly rate or per diem to  the  amount  in  effect immediately before the commencement of such plan.