2023 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.
* NB Effective until July 1, 2025
* 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.
Notwithstanding  any  other  provision of law to the contrary, where the
state and an employee organization representing officers  and  employees
in  the  executive  branch  who are in positions which are in collective
negotiating units established pursuant to article fourteen of the  civil
service  law  enter into an agreement, or where the director of employee
relations shall authorize for officers and employees  in  the  executive
branch  who  are  in  positions  which are not in collective negotiating
units, the alternate procedure specified herein shall be terminated  for
officers  and  employees  hired  on  or  after  July first, two thousand
twenty-five. The alternate procedure  specified  herein  shall  also  be
terminated  for:  (i)  nonjudicial officers and employees of the unified
court system hired on or after July first, two thousand twenty-five,  if
the  chief  administrator of the courts so elects; (ii) employees of the
senate hired on or after July first, two thousand  twenty-five,  if  the
temporary  president  of  the  senate  so elects; (iii) employees of the
assembly hired on or after July first, two thousand twenty-five, if  the
speaker  of  the  assembly  so  elects;  and  (iv)  employees  of  joint
legislative employers  hired  on  or  after  July  first,  two  thousand
twenty-five, 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 paragraph (i), (ii), (iii), or (iv) of
this  subdivision  shall  be  in  writing  and  filed  with  the   state
comptroller  not  later  than  thirty  days  after the enactment of this
legislation.
* NB Effective July 1, 2025
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.
* NB Effective until July 1, 2024
* (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.
Notwithstanding  any  other  provision of law to the contrary, where the
state and an employee organization representing officers  and  employees
in  the  executive  branch  who are in positions which are in collective
negotiating units established pursuant to article fourteen of the  civil
service  law  enter into an agreement, or where the director of employee
relations shall authorize for officers or  employees  in  the  executive
branch  who  are  in  positions  which are not in collective negotiating
units, officers and employees hired on or after July first, two thousand
twenty-four, shall not be subject to the withholding  of  five  days  of
salary  on  their  first  five  payment  dates as specified herein. Such
withholding shall  not  be  taken  for:  (i)  nonjudicial  officers  and
employees  of the unified court system hired on or after July first, two
thousand twenty-four, if  the  chief  administrator  of  the  courts  so
elects;  (ii)  employees of the senate hired on or after July first, two
thousand twenty-four, if  the  temporary  president  of  the  senate  so
elects;  (iii)  employees  of the assembly hired on or after July first,
two thousand twenty-four, if the speaker of the assembly so elects;  and
(iv)  employees  of  joint  legislative employers hired on or after July
first, two thousand twenty-four,  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  subparagraph
(i),  (ii),  (iii),  or  (iv)  of this paragraph shall be in writing and
filed with the state comptroller not later than thirty  days  after  the
enactment of this legislation.
* NB Effective July 1, 2024
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.
* NB Effective until July 1, 2024
* (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. Notwithstanding any other provision of law
to the contrary, such withholding shall not  be  taken  for  nonjudicial
officers  and  employees  of  the unified court system hired on or after
July first, two thousand twenty-four, if the chief administrator of  the
courts  so  elects. Any election made pursuant to this subdivision shall
be in writing and filed with the state comptroller not later than thirty
days after the enactment of this legislation.
* NB Effective July 1, 2024
(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) (i) Upon the written request from a state employee hired on or
before January first, two thousand  twenty-three,  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.
(ii) On and  after  January  first,  two  thousand  twenty-three,  the
comptroller  shall  cause,  in accordance with the rules and regulations
promulgated pursuant to paragraph  (b)  of  this  subdivision,  a  state
employee's net salary to be deposited directly in a bank for any purpose

to an account in the name of such employee, and into which such employee
has  authorized  such  employee's  net  salary  be  deposited,  on forms
provided by the comptroller, and duly  filed  in  accordance  with  such
regulations.  Provided,  however, such employee may submit a request for
exemption from the provisions of this subparagraph on a form provided by
the comptroller.
(iii) The net salary of such state employee shall be paid in the  form
of a paper check until the employee provides the account information for
a  bank  account  in  such  employee's  name  which is authorized by the
employee for the purpose of the direct deposit  of  his  or  her  salary
pursuant to this subdivision.
(iv)  Nothing  set  forth  in  this  subdivision shall be construed to
impede, infringe upon, or  supersede  an  agreement  providing  for  the
payment  of  salaries  between  the  state  and an employee organization
representing state officers and employees who are in positions which are
in collective negotiating units pursuant  to  article  fourteen  of  the
civil service law.
(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.