2023 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 section
eighty of this chapter, or is appointed, transferred or reinstated to  a
position in a lower grade, they 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  they  are  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.