NY Civ Serv L § 121 (2021)
2021 New York Laws CVS - Civil Service Article 8 - Classification and Compensation of State Employees Title A - Classification and Allocation of Positions 121 - General Provisions Relating to Classification and Allocation.

§ 121. General    provisions    relating    to    classification   and allocation. 1. Effective date  of  classification  and  allocation.  Any classification  or  reclassification of a position and any allocation or reallocation of a position to a salary grade made by the director of the classification and compensation division  or  the  state  civil  service commission  pursuant  to  the  provisions  of  this article shall become effective on the first day of the fiscal year following approval by  the director  of  the budget and the appropriation of funds therefor, except that the director of the budget may, in  his  discretion,  authorize  an effective date prior to the first day of the ensuing fiscal year.   2.  Salary  rights and limitations. (a) Notwithstanding the provisions of paragraph (b) of this subdivision, the annual salary of any position, compensable on an annual basis, which is classified or reclassified,  or which  is  allocated  or  reallocated  to a salary grade pursuant to the provisions of this article shall not be reduced for the  then  permanent incumbent  by  reason  of  any provision of this article so long as such position is held by the then permanent incumbent.  (b) When a position is allocated pursuant to the  provisions  of  this chapter to a salary grade in section one hundred thirty of this chapter, the  incumbent  thereof,  whether  employed  on a permanent or temporary basis, shall be paid in accordance with the provisions  of  title  B  of this article.  (c)   No   employee   whose   salary   would   be  increased  by  such classification, reclassification, allocation or reallocation shall  have any  claim  against  the  state  for the difference, if any, between his former salary and that which he should  receive  as  a  result  of  such classification,  reclassification,  allocation  or  reallocation for the period prior to the date such change in title or  salary  grade  becomes effective.   3.  Status  of  employees.  No employee whose position is reclassified shall be promoted, demoted, transferred, suspended or reinstated  except in accordance with the provisions of this chapter.   4.  Limitations of use of preferred list. A preferred list established pursuant to section eighty-one of this chapter shall  have  no  priority with  reference  to a new position created by the reclassification of an existing position pursuant  to  this  article  whenever  the  use  of  a preferred  list  for  filling  such  new  position  would  result in the suspension of an employee pursuant to the provisions of  section  eighty of this chapter.   5. Career ladders. The director of the classification and compensation division  may,  in  order  to  implement  a  plan  for  the  progressive advancement of employees  in  an  occupational  group,  based  on  their acquiring,  as  prescribed  by  such  director,  of  either  training or experience or both, reclassify the positions of the incumbents who  meet the  prescribed  qualifications  to  titles  allocated  to higher salary grades. The advancement of an incumbent pursuant to this subdivision  is not, and is not to be deemed, a reallocation.