NY Civ Serv L § 131 (2021)
2021 New York Laws CVS - Civil Service Article 8 - Classification and Compensation of State Employees Title B - Salary Grades; Determination of Salaries 131 - Determination of Salaries.

§ 131. Determination   of   salaries. 1. Rates   of  compensation.  An employee holding a position  allocated  to  one  of  the  salary  grades included in section one hundred thirty of this chapter shall receive the hiring  rate  of the salary grade to which his position is allocated and may receive periodic performance advancement payments based on  periodic evaluations  of  work  performance  in  accordance  with  the  terms  of applicable agreements  between  the  state  and  employee  organizations reached  pursuant  to article fourteen of this chapter and the rules and regulations promulgated by the director of the budget. No employee shall receive an annual salary in excess of the job rate of the  salary  grade to  which  his  position  is  allocated  as  a  result  of a performance advancement payment.   1-a.   Appointment   above   minimum   salary   in   certain    cases. Notwithstanding  any  other  provision  of this chapter, with respect to positions allocated to salary grades in section one  hundred  thirty  of this  chapter  the  director  of  the  classification  and  compensation division, subject to the approval of the director  of  the  budget,  may authorize  an  increased  hiring rate, not to exceed the job rate of the salary grade of the position to which a person is to be  appointed  when the  training  or  experience  of  such  appointee substantially exceeds requirements necessary for appointment. The salaries of other  employees serving  in  the  same  title  in the same geographical area or location having qualifications of training or experience equivalent to  those  of the  person  appointed  shall  be  increased  by  such  amount as may be necessary to equal the rate of compensation of the person appointed.   2. Appointments and promotions to higher grade positions. (a) If  such an  employee  is promoted, appointed or otherwise advanced to a position in a higher salary grade he  shall  receive  a  percentage  increase  in existing  basic salary of one and one-half percent plus one and one-half percent times the number of grades by which he is  so  advanced,  or  he shall be paid the hiring rate of such higher grade, whichever results in a  higher  annual  salary. For purposes of determining such increase for employees promoted, appointed or otherwise advanced to a position in one of the salary grades with the prefix M as prescribed in paragraph  d  of subdivision one of section one hundred thirty of this article, each such grade  with  the  prefix  M  shall  be  deemed to constitute a two grade advancement.  (b)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this subdivision,  an  employee  holding  a  position allocated to one of the salary grades prescribed in paragraph b of subdivision  one  of  section one  hundred  thirty  of  this  chapter  who  is  promoted, appointed or otherwise advanced to a position in a higher salary grade as  prescribed in  such  paragraph  shall  receive  an increase in salary determined in accordance with the provisions of paragraph  (a)  of  this  subdivision, provided  however  that the amount of such employee's basic 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 chapter shall not be considered as basic salary for the purpose  of determining  his  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 salary in the higher grade to which he is promoted, appointed or advanced.  (c)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this subdivision,  if  such  employee  is  promoted,  appointed  or otherwise advanced to a position allocated to one of the salary  grades  with  the prefix  M as prescribed in paragraph d of subdivision one of section one hundred thirty of this chapter he shall receive an  increase  in  salary determined  in  accordance  with the provisions of paragraph (a) of this  subdivision provided however that the appointing officer shall have  the discretion,  with the approval of the director of the classification and compensation division, to increase  such  an  employee's  salary  by  an amount not to exceed an additional three percent of the employee's basic salary in the grade from which appointed, promoted or advanced.  (d)  Notwithstanding  the provisions of paragraphs (a) and (c) of this subdivision, if  such  employee  is  promoted,  appointed,  transferred, reinstated,  or otherwise placed in a position allocated to salary grade M 8 as prescribed in paragraph d  of  subdivision  one  of  section  one hundred  thirty of this chapter he shall receive the hiring rate of that salary grade or any higher  rate  authorized  by  the  director  of  the budget.  (e)  Notwithstanding  any  inconsistent provision of law, officers and employees to whom the provisions of paragraph d of  subdivision  one  of section  one hundred thirty of this article apply who are on the payroll on March thirty-first, nineteen hundred eighty-five, who  are  promoted, appointed  or  otherwise advanced to a position in a higher salary grade during the period between June sixth, nineteen hundred  eighty-five  for the employees on the institutional payroll and June thirteenth, nineteen hundred  eighty-five  for  employees  on  the administrative payroll and March thirty-first,  nineteen  hundred  eighty-six,  shall  receive  the precentage   increase  in  basic  annual  salary  as  provided  in  this subdivision or a basic annual salary equal to the hiring  rate  of  such higher  grade  which  is  in  effect  during  that time period plus five percent, whichever results in a higher annual salary.  (f)  Notwithstanding  any  inconsistent  provision  of  this  section, officers  and  employees  on  the  payroll on May twenty-third, nineteen hundred eighty-five in the collective negotiating  units  designated  as the security services unit and the security supervisors unit established pursuant to article fourteen of the civil service law, who are promoted, appointed  or  otherwise advanced to a position in a higher salary grade during  the  period  between  April   twenty-fifth,   nineteen   hundred eighty-five  for  the  employees  on  the  institutional payroll and May second, nineteen hundred eighty-five for employees on the administrative payroll and  March  thirty-first,  nineteen  hundred  eighty-six,  shall receive  the  percentage  increase  provided  in this subdivision or the performance advancement rate one of such higher salary grade which is in effect at the  time  of  such  promotion,  appointment,  or  advancement whichever results in a higher annual salary.  (g)  Notwithstanding  any  inconsistent provision of law, officers and employees to whom paragraph c of subdivision one of section one  hundred thirty   of  this  article  apply  who  are  on  the  payroll  on  March thirty-first, nineteen hundred eighty-five, who are promoted,  appointed or  otherwise advanced to a position in a higher salary grade during the period  between  June  sixth,  nineteen  hundred  eighty-five  for   the employees  on  the  institution  payroll  and  June thirteenth, nineteen hundred eighty-five for employees  on  the  administration  payroll  and March  thirty-first,  nineteen  hundred  eighty-six,  shall  receive the percentage  increase  in  basic  annual  salary  as  provided  in   this subdivision  or  a  basic annual salary equal to the hiring rate of such higher grade which is in  effect  during  that  time  period  plus  five percent, whichever results in a higher annual salary.  (h)  Notwithstanding  any  inconsistent provision of law, officers and employees to whom the provisions of paragraph e of  subdivision  one  of section  one hundred thirty of this article apply who are on the payroll on March thirty-first, nineteen hundred eighty-five, who  are  promoted, appointed  or  otherwise advanced to a position in a higher salary grade during the period between June thirteenth, nineteen hundred  eighty-five  and  March  thirty-first, nineteen hundred eighty-six, shall receive the percentage  increase  in  basic  annual  salary  as  provided  in   this subdivision  or  a  basic annual salary equal to the hiring rate of such higher  grade  which  is  in  effect  during  the  time period plus five percent, whichever results in a higher annual salary.  (i) Notwithstanding any inconsistent provision of  law,  officers  and employees  to whom paragraph c of subdivision one of section one hundred thirty of this title apply who  are  promoted,  appointed  or  otherwise advanced  to  a  position  in  a  higher  salary grade shall receive the percentage  increase  in  basic  annual  salary  as  provided  in   this subdivision  or  a  basic annual salary equal to the hiring rate of such higher grade which is in effect at  the  time  of  promotion,  whichever results in a higher annual salary. For the purposes of such calculation, where  the terms of an agreement negotiated pursuant to article fourteen of this chapter so provide, the amount of a performance  award  paid  to such  employee being promoted, appointed or advanced shall be considered as part of basic annual salary.  (j) Notwithstanding any inconsistent provision of  law,  officers  and employees  to  whom paragraphs a and e of subdivision one of section one hundred thirty of this title  apply,  who  are  promoted,  appointed  or otherwise  advanced  to  a position in a higher salary shall receive the percentage  increase  in  basic  annual  salary  as  provided  in   this subdivision  or  a  basic annual salary equal to the hiring rate of such higher grade which is in effect at  the  time  of  promotion,  whichever results  in  a higher annual salary. Effective April first, two thousand twenty, for the purposes of such calculation,  where  the  terms  of  an agreement  negotiated  pursuant  to  article  fourteen  of  this chapter applicable to such officers and employees  so  provide,  the  amount  of longevity  paid  to  such employee being promoted, appointed or advanced shall be considered as part of basic annual salary.   3.   Appointments,   transfers,    reinstatements,    demotions    and displacements  to  lower  grade  positions.  (a)  If such an employee is demoted, or displaced to  a  position  in  a  lower  grade  pursuant  to sections   eighty   or  eighty-a  of  this  chapter,  or  is  appointed, transferred or reinstated to a position in a lower grade, he shall, upon such demotion, displacement, appointment,  transfer,  or  reinstatement, receive  the  rate  of compensation which corresponds with the number of annual increments and  the  percentage  value  of  performance  advances actually  received  in  the  salary grades from which and to which he is demoted, displaced, appointed, transferred or reinstated,  as  the  case may be.  (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this subdivision, an employee holding a position  allocated  to  one  of  the salary  grades  prescribed  in paragraph b of subdivision one of section one hundred thirty of this chapter who is demoted, displaced, appointed, transferred, or reinstated to a position in  a  lower  salary  grade  as prescribed  in  such  paragraph  shall  receive the rate of compensation determined in accordance with the provisions of paragraph  (a)  of  this subdivision,  provided  however that the amount of such employee's basic 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 chapter shall not be considered as  basic  salary for  the  purpose of determining his salary in such lower grade and such amount shall be adjusted to the longevity amount  appropriate  for  such lower  salary  grade and added to and become part of his basic salary in such  lower  grade  to  which  he  is  demoted,  displaced,   appointed, transferred or reinstated.  (c) Notwithstanding the provisions of this section to the contrary, an employee  holding  a  position  allocated  to  one  of the salary grades prescribed in paragraph a of subdivision  one  of  section  one  hundred thirty  of  this  title  may be demoted or reinstated to a position in a lower  salary  grade  by an arbitrator in an award pursuant to authority granted in a collectively negotiated agreement. Such arbitrator's  award may  place the basic annual salary of the employee demoted or reinstated to a lower salary grade anywhere within the range of the hiring rate and the job rate of  the  lower  graded  position,  provided,  however,  for purposes of longevity payments, such employee must serve no less time in the  new position than he or she would have had to serve in the position from which demoted to be eligible.   4.  Appointments,  transfers  and  reinstatements  to  similar   grade positions.  If such an employee is appointed, transferred, or reinstated to a position in the same salary grade, he shall be paid the same salary in the new position as he received in his former position.   5. Appointments, promotions, reinstatements, and transfer of employees occupying non-allocated positions. (a) Employees  serving  in  positions which  are  not  allocated  to  one  of  the salary grades prescribed in section one hundred thirty of this  title,  and  which  are  covered  by paragraph  d  of  subdivision  one of section one hundred thirty of this title or where, and to the extent that, an agreement between  the  state and  a  certified employee organization entered into pursuant to article fourteen of this chapter  so  provides  on  behalf  of  positions  in  a collective  negotiating  unit represented by such employee organization: (i) an employee in the service of the state or  of  a  public  authority under  the  civil  service  jurisdiction  of the department who has been continuously occupying an unallocated  position,  excluding  a  seasonal position   as   defined  by  the  director  of  the  classification  and compensation division, and who is appointed,  promoted,  reinstated,  or transferred  to  a  position  allocated  to  one of the salary grades in section one hundred thirty of this title, the hiring rate  of  which  is equal  to or lower than the annual rate of compensation then received by such employee, shall, upon such appointment,  promotion,  reinstatement, or  transfer,  be  paid  either  the minimum salary of the grade of such allocated position plus an amount to be determined by  the  director  of the   classification  and  compensation  division  consistent  with  the performance advancement system in effect for  positions  in  the  salary grade  to  which  he  or  she  is  appointed,  promoted,  reinstated, or transferred, or at a rate equal  to  the  salary  that  he  or  she  was receiving in his or her former position immediately prior to the date of such  appointment, promotion, reinstatement, or transfer. In this event, such salary received in the position to which he or  she  is  appointed, promoted, reinstated, or transferred shall not exceed the salary that he or  she was receiving in his or her former position immediately prior to the date of such appointment, promotion, reinstatement, or transfer  and shall  not  exceed  the job rate of his or her new position. However, if such unallocated position has previously been equated to a grade by  the director of the division of the budget which is lower than the allocated grade  of  the position to which he or she is being appointed, promoted, reinstated, or transferred, subparagraph (ii) of  this  paragraph  shall apply.  The  director  of  the  classification and compensation division shall instruct  the  office  of  the  state  comptroller  regarding  the application   of   salary   computations   performed  pursuant  to  this subparagraph. In addition, for the purposes of  this  subparagraph,  the annual  rate of compensation of the incumbent of an unallocated position compensable on an hourly or per diem basis or on any basis other than at an annual salary rate, shall be deemed  to  be  the  compensation  which  would  have  been  payable  if the services were required on a full time annual basis for  the  number  of  hours  per  day  and  days  per  week established  by law or administrative rule or order; (ii) an employee in the  service  of  the  state  or  of  a public authority under the civil service jurisdiction of the state department of civil  service  who  has been   continuously  occupying  an  unallocated  position,  excluding  a seasonal position as defined by the director of the  classification  and compensation  division,  and  who is appointed, promoted, reinstated, or transferred to a position allocated to  one  of  the  salary  grades  is section  one  hundred  thirty of this title, the hiring rate of which is greater than the annual rate  of  compensation  then  received  by  such employee,  shall,  upon  such  appointment, promotion, reinstatement, or transfer, be paid either  the  minimum  salary  of  the  grade  of  such allocated position, or shall be provided a salary increase as determined by  the director of the classification and compensation division, not to exceed the job rate of his or her new position, except in cases where an employee receives a longevity  payment  or  a  contractually  negotiated payment  above the job rate. If such unallocated position has previously been equated to a grade by the director of the division of  the  budget, the  director  of the classification and compensation division shall use such grade equation in performing such salary increase calculation.  For the  purposes  of  salary  increase  calculations  pursuant  to any such agreement between the state and a certified employee  organization,  the director   of   the  classification  and  compensation  division  shall, consistent with such agreement, determine the salary basis to be used by the office of the state comptroller when performing  such  calculations. In  addition,  for the purposes of this subparagraph, the annual rate of compensation of the incumbent of an unallocated position compensable  on an  hourly  or  per  diem  basis  or on any other basis other than at an annual salary rate, shall be deemed to be the compensation  which  would have  been  payable  if the services were required on a full time annual basis for the number of hours per day and days per week  established  by law or administrative rule or order.  (b)  Employees  serving  in  seasonal  positions,  as  defined  by the director of the classification and compensation division, which are  not allocated  to one of the salary grades prescribed in section one hundred thirty  of  this  title,  and  which  are  covered  by  paragraph  d  of subdivision  one  of  section one hundred thirty of this title or where, and to the extent that, an agreement between the state and  a  certified employee  organization entered into pursuant to article fourteen of this chapter so provides on behalf of positions in a  collective  negotiating unit  represented  by such employee organization: (i) an employee in the service of the state or of a public authority under  the  civil  service jurisdiction  of  the  department who has been continuously occupying an unallocated seasonal position on a long term basis as  defined  by  such agreement  and who is appointed, promoted, reinstated, or transferred to a position allocated to one of the salary grades in section one  hundred thirty of this title, the hiring rate of which is equal to or lower than the  annual  rate of compensation then received by such employee, shall, upon such appointment, promotion, reinstatement, or transfer, be paid at a rate equal to the salary that he or she was receiving in  his  or  her former  position  for  the  one  calendar year prior to the date of such appointment, promotion, reinstatement, or transfer, not  to  exceed  the job  rate  of  his  or  her  new  position. However, if such unallocated position has previously been equated to a grade by the director  of  the division  of  the  budget which is lower than the allocated grade of the position to which he or she is being appointed, promoted, reinstated, or transferred, subparagraph (ii) of this paragraph shall  apply.  For  the  purposes  of  this  subparagraph, the annual rate of compensation of the incumbent of an unallocated seasonal position compensable on  an  hourly or  per  diem basis or on any other basis other than at an annual salary rate,  shall  be  deemed  to  be  the compensation which would have been payable if the services were required on a full time  annual  basis  for the  number  of  hours  per  day and days per week established by law or administrative rule or order; and (ii) an employee in the service of the state or of a public authority under the civil service  jurisdiction  of the  state  department  of  civil  service  who  has  been  continuously occupying an unallocated seasonal position  on  a  long  term  basis  as defined by such agreement and who is appointed, promoted, reinstated, or transferred  to  a  position  allocated  to  one of the salary grades in section one hundred thirty of this title, the hiring rate  of  which  is greater  than  the  annual  rate  of  compensation then received by such employee, shall, upon such  appointment,  promotion,  reinstatement,  or transfer,  be paid either the minimum salary of such allocated position, or shall be provided a salary increase as determined by the director  of the classification and compensation division, not to exceed the job rate of his or her new position, except in cases where an employee receives a longevity  payment  or  a contractually negotiated payment above the job rate. If such unallocated position has  previously  been  equated  to  a grade by the director of the division of the budget, the director of the classification  and  compensation division shall use such grade equation in performing such salary increase  calculation.  For  the  purposes  of salary  increase calculations pursuant to any such agreement between the state and  a  certified  employee  organization,  the  director  of  the classification and compensation division shall, consistent with any such agreement,  determine  the  salary basis to be used by the office of the state comptroller when performing such calculations.  In  addition,  for the  purposes  of  this subparagraph, the annual rate of compensation of the incumbent of an unallocated  seasonal  position  compensable  on  an hourly  or  per diem basis or on any other basis other than at an annual salary rate, shall be deemed to be the  compensation  which  would  have been  payable  if the services were required on a full time annual basis for the number of hours per day and days per week established by law  or administrative rule or order.  (c)  Employees  in  the  service of the state or of a public authority under the civil service jurisdiction of the state  department  of  civil service,  for  which neither paragraph (a) or (b) of this subdivision is applicable, who have been continuously occupying a position which is not allocated to one of the salary grades prescribed in section one  hundred thirty  of  this  title  and who are appointed, promoted, reinstated, or transferred to a position allocated to one of the salary grades in  such section,  the  hiring rate of which is equal to or lower than the annual rate of compensation then received by such employee,  shall,  upon  such appointment,  promotion, reinstatement, or transfer, be paid the minimum salary of the grade of such allocated position  plus  an  amount  to  be determined  by  the  director  of  the  classification  and compensation division consistent with the performance advancement  system  in  effect for  positions  in  the  salary  grade  to which he or she is appointed, promoted, reinstated, or transferred, not to exceed the job rate of  his or her new position. For the purposes of this paragraph, the annual rate of  compensation of the incumbent of an unallocated position compensable on an hourly or per diem basis or on any other basis other  than  at  an annual  salary  rate, shall be deemed to be the compensation which would have been payable if the services were required on a  full  time  annual basis  for  the number of hours per day and days per week established by law or administrative rule or order.  (d) Notwithstanding the provisions of paragraphs (a) and (c)  of  this subdivision,  if  the position held by an employee of a public authority under  the  civil  service  jurisdiction  of  the  department  has  been classified and is allocated to a salary grade corresponding to the grade prescribed  in  section  one  hundred  thirty  of  this  title  to which positions having the same title in the service of the state, if any, are allocated, and if the salary of such employee in  such  grade  has  been determined in accordance with the provisions of this article, the salary of  such employee upon his or her appointment, promotion, reinstatement, or transfer to an allocated position in the service of the  state  shall be determined in the same manner as though he or she had been holding an allocated position in the service of the state.  (e)  Except as otherwise provided in paragraphs (a), (b), (c), and (d) of  this  subdivision  with  respect  to  employees  of  certain  public authorities who are transferred to allocated positions in the service of the  state,  the  salary  of  any  employee  of a civil division, public authority, or other public benefit corporation who, upon the transfer of functions to the state, is transferred to  a  position  allocated  to  a salary grade in section one hundred thirty of this title, and the salary of  any employee of a private institution or enterprise whose employment is  continued  in  such  an  allocated  position  pursuant  to   section forty-five  of  this  chapter  upon the acquisition by the state of such institution or enterprise, shall be prescribed by the  director  of  the budget,  within amounts available therefor, at a rate between the hiring rate of the grade to which such employee's position is allocated and the job rate of such grade; provided, however, that if the  salary  received by  such employee immediately prior to such transfer or entry into state service was an amount greater than the hiring rate of the grade to which his or her position is allocated and less than  the  job  rate  of  such grade,  his  or  her  salary as prescribed by the director of the budget shall not exceed the salary received by him or her immediately prior  to such transfer or entry.   6. Advancement within salary grade. (a) An employee holding a position allocated  to one of the salary grades prescribed in paragraphs a, b, c, e, f, g, h or i of subdivision one of section one hundred thirty of this article whose basic annual salary is less than  the  job  rate  of  such salary grade may receive periodic performance advancement payments based on periodic evaluations of work performance in accordance with the terms of  agreements  between  the  state  and  employee organizations reached pursuant to article fourteen of this chapter and rules  and  regulations promulgated by the director of the budget; provided, however, that in no event  may  such  a payment result in a basic annual salary in excess of the job rate  of  such  grade.  Such  payments  shall  be  part  of  the employee's basic annual salary.  (b)   Notwithstanding   the   provisions  of  paragraph  (a)  of  this subdivision, the amount of such employee'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 chapter  shall  not be considered as basic annual salary for the purpose of determining his eligibility for a performance advancement payment.  (c) An employee holding a position allocated  to  one  of  the  salary grades  prescribed  in  paragraph  d  of  subdivision one of section one hundred thirty of this chapter whose basic annual salary  is  less  than the  job  rate  of  such  salary  grade may receive periodic performance advancement payments based on periodic evaluations of  work  performance in  accordance with rules and regulations promulgated by the director of the budget; provided, however, that in  no  event  may  such  a  payment  result in a basic annual salary in excess of the job rate of such grade. Such payments shall be part of the employee's basic annual salary.   7.  Temporary and provisional employment. Except as expressly provided herein, temporary or provisional service shall be treated  in  the  same manner as permanent service for the purpose of this section.