reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 135 - Overtime Compensation › Section 135.11 - Compensatory time off

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Eligible officers and employees whose basic work schedule is less than 40 hours
				per workweek shall be entitled to compensatory time off on a straight-time
				basis for overtime worked in excess of 37 1/2 hours but not in excess of 40
				hours in a workweek.
(b) Overtime
				credits earned prior to February 1, 1967, shall be compensated by the granting
				of compensatory time off on a straight-time basis.
(c) Overtime credits earned on or after May
				1, 1963, and for which compensatory time off is provided shall be liquidated
				not later than the close of the fiscal year following the one in which they
				were earned.
(d) Overtime credits
				earned prior to May 1, 1963, including credits owing to those officers and
				employees who are ineligible to earn such credits following adoption of this
				Part, shall be liquidated at a minimum rate of 10 workdays per fiscal year.
				However, overtime credits owing to parole officers and warrant and transfer
				officers will be liquidated pursuant to the agreement entered into as a result
				of court action and are accordingly exempt from the liquidation requirements of
				this section.
(e) Compensation upon
				transfer, separation, retirement or death. Notwithstanding the foregoing
				provisions of this section:
(1) An officer or
				employee who transfers from one department or agency to another, or who
				separates or retires from State service, shall be compensated in cash by the
				department or agency from which he is so transferred, separated or retired, for
				such of his compensatory time credits, up to 30 workdays, as cannot be
				liquidated by compensatory time off prior to such transfer, separation or
				retirement. An officer or employee who transfers within a department or agency
				shall not be compensated in cash for accrued time credits, but such credits
				shall be transferred with the officer or employee.
(2) In the event of death of an officer or
				employee, his estate or beneficiary shall be paid the monetary value of his
				accumulated overtime credits, up to the equivalent of 30 workdays, by the
				department or agency by which he had been last employed.
(3) Payment for compensatory time off credits
				hereunder shall be made at the current regular rate of pay of the officer and
				employee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 135 - Overtime Compensation › Section 135.12 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
The restrictions and limitations contained in this Part may
				  be waived pursuant to provisions of law by the Director of the Budget whenever
				  he determines that strict adherence to the rules would be detrimental to the
				  sound and orderly administration of State government.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 136 - Payment Of Extra-service Compensation › Section 136.1 - Definition

Current through Register Vol. 46, No. 28, July 10, 2024
Extra service means work by a State employee in a payroll
				  agency other than the payroll agency to which the employee is regularly
				  assigned.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 136 - Payment Of Extra-service Compensation › Section 136.2 - Determination of rates

Current through Register Vol. 46, No. 28, July 10, 2024
Extra service shall not be allowed without specific advance
				  approval of the Director of the Budget. Rates of pay for extra service
				  performed by employees eligible to earn overtime in their regular positions
				  shall be determined in the same manner as for overtime (see rules for payment
				  of overtime compensation, section
				  135.8 of Part 135 of this Title)
				  except that a straight hourly rate shall be paid for those hours worked by an
				  employee as extra service which do not bring the total hours worked by the
				  employee in any one workweek above 40 hours. Extra service performed by an
				  employee not eligible to earn overtime in his regular position shall be
				  compensable at a rate approved by the Director of the Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 136 - Payment Of Extra-service Compensation › Section 136.3 - Supervision

Current through Register Vol. 46, No. 28, July 10, 2024
It shall be the policy of State departments and agencies to
				  have supervision of extra-service help provided by regular supervisory
				  personnel unless circumstances are exceptional.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 136 - Payment Of Extra-service Compensation › Section 136.4 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
The restrictions and limitations contained in this Part may
				  be waived pursuant to provisions of law by the Director of the Budget whenever
				  he determines that strict adherence to the rules would be detrimental to the
				  sound and orderly administration of State government.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 137 - Employee Maintenance Policy And Charge Schedule › Section 137.0 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Pursuant to the
				responsibility imposed by section 135  of the Civil Service Law and subdivision
				7 of section 44  of the State Finance Law, the Director of the Budget has
				determined the fair values of food, lodging and other types of maintenance
				provided by the State to its employees.
(b) These values have been arrived at after
				study of the types and qualities of maintenance now being furnished by the
				State, the costs to the State of providing such maintenance, the charges made
				for comparable services in adjoining communities, and the maintenance plans and
				values in effect in facilities of the Federal government and other states and
				in municipal and private hospitals.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 137 - Employee Maintenance Policy And Charge Schedule › Section 137.3 - Laundry policy and rates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In
				institutions equipped to render laundry service, duty laundry shall be done
				without charge for all officers and employees.
(b) Except as provided in subdivision (d) of
				this section for certain resident medical and dental officers, resident
				officers and employees in such institutions shall also have personal and
				household laundry done without charge, unless there are family members residing
				with them. If there are family members residing with them, no personal or
				household laundry shall be done unless a payroll deduction of $2.50 per month
				is made for each family member other than such officer or employee.
(c) If the visit of nonofficial guests
				extends to one month or longer, the host officer shall be charged for his
				guests' laundry, according to schedule.
(d) Resident medical and dental officers now
				or hereafter subject to the 1967 medical salary plan shall be ineligible for
				personal and household laundry services for themselves and their families. Such
				officers shall continue to have their duty laundry done without charge at
				institutions equipped to render laundry service. Duty laundry shall consist of
				uniforms or special apparel prescribed and required by the agency, but excludes
				articles which are adaptable to general or continued usage so as to take the
				place of ordinary clothing, such as men's dress shirts. Where commercial
				laundry services are not available as determined by the head of the agency, the
				State shall make available coin-operated, self-service laundry equipment at
				such institutions or facilities for the use of such officers and their
				families.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 137 - Employee Maintenance Policy And Charge Schedule › Section 137.4 - Garage rates

Current through Register Vol. 46, No. 28, July 10, 2024
The rates for storing automobiles, irrespective of the
				  geographical location of the institution, are fixed at $1 per month for a
				  shelter; $2 for an unheated garage; and $3 for a heated
				  garage.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 137 - Employee Maintenance Policy And Charge Schedule › Section 137.5 - Special garage adjustments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				charge shall be made for garaging any privately owned vehicle of a director or
				steward of an institution which is officially accepted as being used mostly in
				State service.
(b) All garages
				owned by individuals, community stores or other institutional organizations,
				together with their appurtenances, driveways and approaches, shall not be
				maintained at State expense.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 137 - Employee Maintenance Policy And Charge Schedule › Section 137.6 - Officers personally assigned state employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An officer entitled by his position to
				the services of one or more State employees in his household shall be charged
				an amount equal to the exact gross annual salary of each such employee or
				$1,200 per year, whichever is less, for each employee furnished by the State.
				No charge in excess of $1,200 per year per employee shall be made, even though
				the employee's gross annual salary should exceed that amount. No charge shall
				be made for the services of a State employee during the time the officer is
				without such services.
Note: In the case of an officer officially receiving the
				  services of a personally assigned employee on a part-time basis, the charge to
				  the officer's gross salary shall be computed at a corresponding proportion of
				  the employee's gross salary, such gross salary not to exceed $1,200 per
				  year
(b) Living quarters
(1) Officers shall not be charged for rooms
				in their residences actually occupied by personally assigned State employees.
				Charge shall be made up to the maximum, according to the limits of the quality
				grades of the quarters, for all rooms not occupied by personally assigned State
				employees
(2) All personally
				assigned State employees resident in officers' homes shall be charged for
				one-room private, common sanitary facilities of second quality, except where
				the actual accommodations are inferior thereto.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 137 - Employee Maintenance Policy And Charge Schedule › Section 137.7 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
The restrictions and limitations contained in this Part may
				  be waived pursuant to provisions of law by the Director of the Budget whenever
				  he determines that strict adherence to the rules would be detrimental to the
				  sound and orderly administration of State government.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 138 - Reimbursement Of Moving And Travel Expenses › Section 138.0 - Statement of policy

Current through Register Vol. 46, No. 28, July 10, 2024
Chapter 707 of the Laws of 1961 was enacted to reduce the
				  financial burden on certain State employees transferred, reassigned or promoted
				  for the convenience of the State by reimbursing them for basic expenses
				  incurred in transporting themselves, their families and household effects to
				  their new place of residence. It is not the policy of the State to reimburse
				  employees for related expenses in relocation, such as selling and buying a
				  house or renting temporary living quarters. For the purpose of reimbursement
				  for moving and travel expenses, State officers and employees are deemed to be
				  only those employed either by the legislative, executive or judicial branch of
				  State government and paid directly by the State. For the purpose of determining
				  eligibility for such reimbursement, the term "officer(s) of the New York State
				  Police" shall include: lieutenants, lieutenants (BCI), captains and captains
				  (BCI) and the term "member(s) of the New York State Police" shall include:
				  troopers, corporals, sergeants, zone sergeants, technical sergeants, staff
				  sergeants, chief technical sergeants, first sergeants, investigators and senior
				  investigators. Persons employed by political subdivisions of the State or by
				  public authorities are not to be considered as State employees for purposes of
				  reimbursement, regardless of the fact that a portion of their compensation may
				  be paid from State funds.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 138 - Reimbursement Of Moving And Travel Expenses › Section 138.1 - Eligibility for reimbursement upon transfer or reassignment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Employees with permanent status in
				full-time positions who are transferred or reassigned for the convenience of
				the State shall be eligible for reimbursement for approved moving and travel
				expenditures in accordance with the provisions of these regulations.
(b) Employees transferred or reassigned as a
				result of a relocation of an agency or subdivision of an agency or the
				abolition of a position shall be deemed transferred or reassigned for the
				convenience of the State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 138 - Reimbursement Of Moving And Travel Expenses › Section 138.2 - Employees not eligible for reimbursement upon transfer or reassignment

Current through Register Vol. 46, No. 28, July 10, 2024
Employees shall not be eligible for reimbursement for
				  expenses incurred in moving if:
(a)
				the transfer or reassignment is a result of a demotion, either voluntary or
				following disciplinary action; or
(b) the transfer or reassignment is for a
				period of less than one year and therefore is deemed temporary; or
(c) the transfer or reassignment is made for
				educational or training purposes, which shall include all relocations made
				during the first year of employment in the Division of State Police;
				or
(d) the transfer or reassignment
				is made at the request of the employee and is not expressly for the convenience
				of the State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 138 - Reimbursement Of Moving And Travel Expenses › Section 138.3 - Eligibility for reimbursement upon promotion

Current through Register Vol. 46, No. 28, July 10, 2024
Employees permanently promoted to full-time administrative,
				  educational, professional, scientific or technical positions shall be eligible
				  for reimbursement for approved moving and travel expenditures in accordance
				  with the provisions of these regulations.
Division of the Budget Interpretation
The following is our interpretation of the rules governing
				  reimbursement of moving and travel expenses insofar as they apply to
				  provisional appointees. This interpretation is based on the premise that the
				  basic reason for relocation is the achievement of permanent status
				  notwithstanding that the actual physical move of household effects may pre-date
				  that of permanent appointment.
Therefore, it is our opinion that an employee provisionally
				  promoted to a position in another location which would otherwise qualify him
				  for reimbursement for moving expenses should be reimbursed for such expenses,
				  subject to the following conditions:
No reimbursement should be made until the provisional
				  appointment becomes permanent.
On achieving permanent status, the employee could file a
				  claim for reimbursement within one year of the date of permanent
				  appointment.
If the employee elects to move at the time of provisional
				  appointment, he should conform to the requirements of the rules with respect to
				  obtaining competitive bids and receipted copies of bills of lading or freight
				  bills and retain such material until he submits a claim for reimbursement after
				  achieving permanent status.
If the employee elects to move his household effects only
				  after achieving permanent status, he should be reimbursed for moving expenses
				  at that time.
We believe this is a reasonable interpretation and is within
				  the intent of the rules. [July 18, 1962]
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 138 - Reimbursement Of Moving And Travel Expenses › Section 138.4 - General provisions governing eligibility for reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Reimbursement
				for moving and travel expenses shall not be granted if:
(1) the distance between the old and new
				places of employment, as measured over the shortest distance along public
				highways, is less than 35 miles; or
(2) the employee's place of residence at the
				time of transfer, reassignment or promotion is located at a distance, as above
				measured, less than 35 miles from the new place of employment; or
(3) the employee was previously reimbursed
				for moving and travel expenses for a previous move during the 12 months
				preceding the date of transfer, reassignment or promotion; or
(4) the transfer, reassignment or promotion
				was effective prior to July 1, 1961; or
(5) the employee moved prior to July 1,
				1961.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 138 - Reimbursement Of Moving And Travel Expenses › Section 138.6 - Procedures to be followed for reimbursement

Current through Register Vol. 46, No. 28, July 10, 2024
In order to obtain reimbursement for moving and travel
				  expenses, eligible employees shall file for such reimbursement, through their
				  departments or agencies, with the Department of Audit and Control on forms
				  prescribed by the State Comptroller. Such forms shall be accompanied by a
				  receipted copy of the bill of lading or freight bill issued by the carrier
				  showing the charges collected; copies of the three competitive bids in the
				  event that a certified carrier is not used; a signed copy of the agreement
				  executed by the employee pursuant to subdivision 3 of section 6-b of the State
				  Finance Law, which provides for the repayment to the State for monies advanced
				  if the employee voluntarily separates from his position.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 138 - Reimbursement Of Moving And Travel Expenses › Section 138.7 - Repayment of monies advanced to the state

Current through Register Vol. 46, No. 28, July 10, 2024
It is the responsibility of the department or agency hiring
				  the transferred, reassigned or promoted employee to enforce the provisions of
				  subdivision 3 of section 6-b of the State Finance Law. In the event that an
				  employee resigns or voluntarily separates within one year of transfer,
				  reassignment or promotion, other than for reasons of promotion as specified in
				  subdivision 3 of section 6-b of the State Finance Law, the department or agency
				  shall collect from the employee monies advanced for moving and travel expenses
				  and transmit such monies to the State treasurer in accordance with the
				  provisions of section 121  of the State Finance Law. When such monies cannot be
				  collected by the department or agency within three months following separation,
				  the claim shall be transferred to the Attorney-General who shall take whatever
				  action is necessary to collect the monies advanced.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 138 - Reimbursement Of Moving And Travel Expenses › Section 138.8 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
The restrictions and limitations of these regulations may be
				  waived pursuant to provisions of law by the Director of the Budget if he
				  determines in advance that such restrictions and limitations would result in an
				  unusual and unavoidable hardship for the employee being transferred, reassigned
				  or promoted.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 139 - Payment Above The Minimum Salary › Section 139.0 - Statement of policy

Current through Register Vol. 46, No. 28, July 10, 2024
Subdivision 1-a of section 131  of the Civil Service Law
				  permits the Director of the Budget to promulgate regulations authorizing the
				  appointment of certain persons with training or experience which substantially
				  exceeds the minimum required for appointment at a salary above the minimum of
				  the grade of the title to which they are appointed.
It is the policy of the State generally that appointments
				  should be made at the established salary grade minimums, but in order to
				  facilitate the recruitment of highly qualified people for State service,
				  certain persons outside State service with outstanding training or experience
				  may be appointed above the established salary grade minimums. It is also the
				  policy of the State that appointments under this Part shall be restricted to
				  original permanent appointments to State service. Compensation of certain
				  incumbent State employees with equivalent qualifications of training or
				  experience shall be increased as provided under section
				  139.5 of this
				  Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 139 - Payment Above The Minimum Salary › Section 139.1 - Authority to establish above minimum salary rates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Director of Classification and
				Compensation of the Department of Civil Service shall have the authority to
				approve or to disapprove applications to appoint above the minimum and to
				determine the rate above the minimum salary at which appointment of a person
				outside State service may be made to a title described in section
				139.3. The rate of compensation for
				such a person, as determined by the Director of Classification and
				Compensation, shall be an amount equal to the minimum of the grade of the title
				plus one, two, three or four annual increments of such grade. The Director of
				Classification and Compensation shall determine the particular geographical
				area or areas or location or locations wherein the rate of compensation in
				excess of the minimum shall apply.
(b) Any determination of the Director of
				Classification and Compensation by which a salary would be increased under this
				Part shall be subject to the approval of the Director of the Budget.
(c) Each individual appointment under this
				Part shall be subject to the determination of the Director of Classification
				and Compensation and the approval of the Director of the Budget. No such
				approval shall be construed as approval to appoint any other person from
				outside State service at a rate above the minimum.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 139 - Payment Above The Minimum Salary › Section 139.2 - Evaluation of previous training and experience

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Director of Classification and
				Compensation shall evaluate the experience of an individual considered for
				appointment under this Part. Only previous work experience of the type involved
				in the class to which appointment is to be made shall be considered, provided,
				however, that in exceptional instances other experience of immediate
				pertinency, superior to that specified for qualified candidates, may be
				acceptable. In evaluating such experience, recognition shall be given only to
				experience which, from the standpoints of quality and length, substantially
				exceeds that specified in minimum qualification requirements and, in no case,
				shall less than two years of such experience be considered.
(b) The Director of Classification and
				Compensation shall evaluate the training of an individual considered for
				appointment under this Part. In evaluating such training, recognition shall be
				given only to pertinent degrees held in excess of those specified in minimum
				qualification requirements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 139 - Payment Above The Minimum Salary › Section 139.3 - Titles to which persons may be appointed above the minimum

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Appointments under this Part may be made
				only to titles determined by the Director of Classification and Compensation to
				be technical, administrative and scientific positions and positions in skilled
				or semi-skilled trades.
(b) The
				Director of Classification and Compensation shall maintain a record of titles
				to which such appointments have been made.
(c) The Director of Classification and
				Compensation shall inform all appointing officers in the particular
				geographical area or location affected of each such approval. Such appointing
				officers shall be responsible for appropriate notification to employees in
				their departments and agencies.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 139 - Payment Above The Minimum Salary › Section 139.4 - Application for approval to appoint above the minimum

Current through Register Vol. 46, No. 28, July 10, 2024
An application for approval to appoint under this Part shall
				  be made by the appointing officer to the Director of Classification and
				  Compensation. Such application shall:
(a) indicate the salary rate at which
				appointment is requested;
(b)
				identify the eligible list, if any, from which appointment would be
				made;
(c) include satisfactory
				evidence that the person for whom approval is sought has qualifications as
				indicated in section
				139.2 of this Part;
(d) provide reasons why the person for whom
				approval is sought will not accept appointment at the minimum salary and why
				his appointment at a higher rate is in the interest of State service;
(e) list the total number of positions in
				such title within the department or agency and the names, current salary rates,
				and qualifications of incumbent State employees entitled to equivalent salary
				treatment as specified in section
				139.5 of this Part;
(f) furnish such other information as may be
				required by the Director of Classification and Compensation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 139 - Payment Above The Minimum Salary › Section 139.5 - Increases for other employees with comparable qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a person
				outside State service is appointed under this Part, the salaries of incumbent
				State employees serving in the same title in the same geographical area or
				location and having qualifications determined by the Director of Classification
				and Compensation to be 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, effective on the date of such appointment.
(b) In connection with his consideration of a
				request for an appointment under this Part, the Director of Classification and
				Compensation shall determine which incumbent State employees in the same title
				in the same geographical area or location are eligible for an increase in
				salary.
(c) Such determination of
				the Director of Classification and Compensation shall be subject to the
				approval of the Director of the Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 139 - Payment Above The Minimum Salary › Section 139.6 - Computation of future increments

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of computing future increments, those
				  incumbent State employees qualifying for increased compensation under section
				  139.5 of this Part and those new
				  employees appointed at a salary above the minimum under this Part shall be
				  credited with the number of years of service in their respective positions
				  which correspond with such rate of compensation or salary.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 139 - Payment Above The Minimum Salary › Section 139.7 - Request by incumbent state employees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subsequent to an appointment under this
				Part, an incumbent State employee may, through his appointing officer, request
				the Director of Classification and Compensation within 60 days of the date of
				notification to appointing officers as required under subdivision (c) of
				section 139.3 of this Part to review any
				determination, or failure to make such determination, as to his eligibility for
				additional compensation as a consequence of such appointment above the minimum
				salary.
(b) Such employee or his
				appointing officer shall be afforded a reasonable opportunity to present facts
				in support of or in relation to such request at a time and in such a manner as
				may be specified by the Director of Classification and Compensation, who shall
				examine and review any such request and may make any changes in compensation he
				finds to be just and equitable subject to the approval of the Director of the
				Budget. Such changes shall be effective as of the date of such appointment
				under this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 140 - Reimbursement Of Relocation Expenses › Section 140.0 - Statement of policy. [l. 19 67, chs. 86, 170; l. 1969, ch. 1126]l. 1967, chs. 86, 170; l. 1969, ch. 1126

Current through Register Vol. 46, No. 28, July 10, 2024
Section 6-d of the State Finance Law, as added by chapter
				  1126 of the Laws of 1969, authorizes the reimbursement of certain expenses
				  incurred by new technical, scientific, education, professional, or
				  administrative appointees to a department or agency of the State in
				  transporting themselves and their families and household effects to their new
				  places of residence. It is the policy of the State that such reimbursement may
				  be approved when, in the opinion of the Department of Civil Service, there
				  exists in New York State a shortage of qualified candidates for the position to
				  which the appointment would be made and when, in the opinion of the appointing
				  officer concerned, providing for such reimbursement would improve the State's
				  ability to consummate an appointment. It is not the policy of the State to
				  reimburse such appointees for related expenses in relocation, such as selling
				  and buying a house or renting temporary living quarters.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 140 - Reimbursement Of Relocation Expenses › Section 140.1 - Appointees eligible for reimbursement. [l. 19 67, chs. 86, 170; l. 1969, ch. 1126]l. 1967, chs. 86, 170; l. 1969, ch. 1126

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purpose of this Part appointees
				eligible for reimbursement for relocation expenses are deemed to be those
				persons initially appointed to a technical, scientific, education,
				professional, or administrative position in a department or agency of the State
				for which position the Department of Civil Service has found that there exists
				in New York State a shortage of qualified candidates.
(b) For the purpose of this Part, an initial
				appointment shall mean the first full-time appointment to a technical,
				scientific, education, professional, or administrative position by a department
				or agency of the State, except that an appointment subsequent to a first
				appointment shall be deemed to be the initial appointment, if such appointment
				is made not less than three years following termination of an earlier
				appointment.
(c) No reimbursement
				for moving and travel expenses shall be made unless such reimbursement is
				approved by the appropriate appointing officer and the Department of Civil
				Service has determined that there exists in New York State a shortage of
				qualified candidates for the position to which the appointment is
				made.
(d) Persons initially
				appointed to full-time technical, scientific, education, professional, or
				administrative positions shall be eligible for reimbursement of approved moving
				and travel expenditures in accordance with the provisions of this
				Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 140 - Reimbursement Of Relocation Expenses › Section 140.2 - Appointees not eligible for reimbursement. [l. 1969, ch. 1126]l. 1969, ch. 1126

Current through Register Vol. 46, No. 28, July 10, 2024
The following appointees shall not be eligible for
				  reimbursement of moving and travel expenses pursuant to this Part.
(a) Technical, scientific, education,
				professional, or administrative appointees employed for a period of one year or
				less.
(b) Technical, scientific,
				education, professional, or administrative appointees employed on a part-time
				basis.
(c) Persons already in the
				service of the State of New York who are eligible for and receive reimbursement
				for relocation expenses pursuant to the provisions of section 6-b of the State
				Finance Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 140 - Reimbursement Of Relocation Expenses › Section 140.3 - Eligibility for reimbursement upon subsequent relocation

Current through Register Vol. 46, No. 28, July 10, 2024
Nothing in these regulations shall prevent or prohibit the
				  reimbursement of moving and travel expenses pursuant to section 6-b of the
				  State Finance Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 140 - Reimbursement Of Relocation Expenses › Section 140.4 - General provisions governing eligibility for reimbursement. [l. 19 67, chs. 86, 170; l. 1969, ch. 1126]l. 1967, chs. 86, 170; l. 1969, ch. 1126

Current through Register Vol. 46, No. 28, July 10, 2024
Reimbursement for relocation expenses shall not be granted
				  if:
(a) The distance between the old
				and new places of employment, as measured over the shortest distance along
				public highways, is less than 35 miles.
(b) The appointee's place of residence at the
				time of employment is less than 35 miles from the new place of employment as
				measured over the shortest distance along public highways.
(c) The appointment to a professional
				position in the Department of Health, Department of Mental Hygiene, the
				Conservation Department, or the Department of Public Works was effective prior
				to April 1, 1967.
(d) The
				relocation expenses upon appointment to a professional position in the
				Department of Health, Department of Mental Hygiene, the Conservation
				Department, or the Department of Public Works were incurred prior to April 1,
				1967.
(e) The appointment to a
				technical, scientific, education, professional or administrative position,
				except as noted in subdivision (c) of this section, was effective prior to June
				1, 1969.
(f) The relocation
				expenses upon appointment to a technical, scientific, education, professional
				or administrative position, except as noted in subdivision (d) of this section,
				were incurred prior to June 1, 1969.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 140 - Reimbursement Of Relocation Expenses › Section 140.6 - Procedure to be followed

Current through Register Vol. 46, No. 28, July 10, 2024
In order to obtain reimbursement for relocation expenses, an
				  eligible appointee shall file for such reimbursement, through the appointing
				  officer concerned, with the Department of Audit and Control on forms prescribed
				  by the State Comptroller. Such forms shall be accompanied by a receipted copy
				  of the bill of lading or freight bill issued by the carrier showing the charges
				  collected; copies of the three competitive bids in the event that a certified
				  carrier is not used; and a signed copy of an agreement executed by the
				  appointee which provides for the repayment to the State for monies if the
				  appointee resigns or voluntarily separates from his position within one year of
				  the effective date of appointment.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 140 - Reimbursement Of Relocation Expenses › Section 140.7 - Repayment of monies advanced

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that an appointee resigns or voluntarily
				  separates within one year of the effective date of appointment, the chief
				  administrative officer concerned shall arrange to collect from the appointee
				  monies for relocation expenses and transmit such monies to the State Treasurer
				  in accordance with the provisions of section 121 of the Finance Law. When such
				  monies cannot be collected by the chief administrative officer concerned, the
				  claim shall be transferred to the Attorney-General who shall take whatever
				  action is necessary to collect the monies advanced.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 140 - Reimbursement Of Relocation Expenses › Section 140.8 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
The restrictions and limitations of this Part may be waived
				  by the Director of the Budget if he determines that such restrictions and
				  limitations would result in an unusual and unavoidable hardship for the
				  appointee.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 141 - Volunteer Workers › Section 141.0 - Statement of policy

Current through Register Vol. 46, No. 28, July 10, 2024
It is the policy of the State that the use of volunteer
				  workers be consistent with the needs and requirements of sound and orderly
				  administration of State government. It is also the policy of the State that the
				  protection of workmen's compensation coverage be provided to all volunteer
				  workers donating their services to the State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 141 - Volunteer Workers › Section 141.1 - Application for approval to accept the services of volunteer workers

Current through Register Vol. 46, No. 28, July 10, 2024
The application for approval by the Director of the Budget
				  shall include the reasons why the use of volunteer workers is necessary, what
				  will be accomplished by using volunteer workers and an estimate of the number
				  of volunteer workers required.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 141 - Volunteer Workers › Section 141.2 - Approval of the director of the budget

Current through Register Vol. 46, No. 28, July 10, 2024
The written approval of the Director of the Budget will be a
				  general approval covering the services of all volunteer workers in a department
				  of the State. Such approval will remain in effect until modified or
				  withdrawn.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 141 - Volunteer Workers › Section 141.3 - Exceptions

Current through Register Vol. 46, No. 28, July 10, 2024
The requirements of this Part may be waived pursuant to
				  provisions of law by the Director of the Budget whenever he determines that
				  strict adherence to this Part would be detrimental to the sound and orderly
				  administration of State government.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 142 - Geographic Area Pay Differentials › Section 142.0 - Statement of policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Subdivisions 5 and 7 of section 130  of the Civil Service Law were added by
				chapter 618 of the Laws of 1967. Under subdivision 7, which was amended by
				chapter 307 of the Laws of 1979, the director of the Division of Classification
				and Compensation, Department of Civil Service, may, subject to the approval of
				the Director of the Budget, authorize payment of additional salary (a pay
				differential) to be added as an adjustment to the hiring rate and job rate of
				the salary grade or grades for a given occupation in one or more areas of the
				State, provided he finds that other employers in such area or areas pay wage
				rates for the same or a similar occupation substantially higher than the rates
				paid by the State. Such geographic area pay differential shall be paid to
				employees whose basic annual salary is at or below the unadjusted job rate of
				the salary grade, less any amount of additional payment employees may be
				receiving as a result of a previously authorized geographic area pay
				differential. Employees whose salaries are above the unadjusted job rate for
				the salary grade shall receive a portion of the differential sufficient to
				increase their salary to the adjusted job rate, less any amount of additional
				payment which such employees may be receiving as a result of a previously
				authorized geographic area pay differential.
(b) The purpose of a geographic area pay
				differential is to enable the State to pay competitive salaries for a
				particular occupation in a "high rate" area, in order to attract and retain
				competent personnel, without having to raise the basic salary grade for the
				occupation on a statewide scale and without having to establish a higher basic
				rate of pay than that generally paid by other employers in the State for the
				same occupation.
(c) A geographic
				area pay differential is not, nor should it be construed as, a substitute for
				general salary adjustments.
(d) A
				geographic area pay differential cannot be authorized because of differences in
				the cost of living among areas of the State.
(e) The law specifies that a geographic area
				pay differential shall be in addition to and not 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 is entitled; provided, however, that any differential shall
				be included as compensation for retirement purposes. It may be terminated or
				changed by action of the Director of Classification and Compensation, subject
				to approval by the Director of the Budget.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 142 - Geographic Area Pay Differentials › Section 142.1 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of these regulations, certain terms used in
				  subdivision 7, section 130  of the Civil Service Law are defined as
				  follows:
(a) Community wage practices
				in private or other public employment. Refers to the wage rates paid by a
				significant number of employers in the area or location who employ substantial
				numbers of workers in the occupation involved.
(b) Area or location. Consists of an
				identifiable place in the State, as specified by the Director of Classification
				and Compensation, on the basis of geographical or other physical boundaries,
				with reference to the particular occupation involved and to related labor
				market considerations.
(c)
				Occupation. Class (title) or series of classes in the New York State
				service.
(d) Similar occupation in
				private or public employment. An occupation or occupations having duties and
				responsibilities substantially the same as those of the occupation or
				occupations in the State service which become the subject of review under this
				section of law.
(e) Substantially
				higher. This term in its statutory context is the measure by which rates for a
				given occupation in private or other nonstate employment in one or more areas
				of the State exceed the rates for the same occupation in State service.
				Substantiality here shall be construed to mean a difference in the salaries
				paid by nonstate employers for a particular occupation in a high rate area, and
				the salary paid for the same occupation by the State, sufficiently large as to
				reasonably support a finding by the Director of Classification and Compensation
				that the State will be at a competitive disadvantage in the employment of
				qualified persons for positions in the occupation in the high rate area without
				the authorization of a geographic area pay differential.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle C - Division of the Budget › Part 142 - Geographic Area Pay Differentials › Section 142.2 - Authority of the director of classification and compensation to initiate geographic area pay differentials

Current through Register Vol. 46, No. 28, July 10, 2024
The Director of Classification and Compensation may, on his
				  own initiative, subject to the approval of the Director of the Budget,
				  authorize a geographic area pay differential for any occupation in one or more
				  areas of the State in accordance with the provisions of subdivision 7 of
				  section 130  of the Civil Service Law.