2023 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  incumbent
by reason of any provision of this article.
(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.