2023 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.