§ 121 — General provisions relating to classification and allocation

New York § 121

• Jurisdiction: New York
• Law CVS: Civil Service
• Title A: Classification and Allocation of Positions
• Art. 8: Classification and Compensation of State Employees

Text

§ 121. General provisions relating to classification and\nallocation. 1. Effective date of classification and allocation. Any\nclassification or reclassification of a position and any allocation or\nreallocation of a position to a salary grade made by the director of the\nclassification and compensation division or the state civil service\ncommission pursuant to the provisions of this article shall become\neffective on the first day of the fiscal year following approval by the\ndirector of the budget and the appropriation of funds therefor, except\nthat the director of the budget may, in his discretion, authorize an\neffective date prior to the first day of the ensuing fiscal year.\n 2. Salary rights and limitations. (a) Notwithstanding the provisions\nof paragraph (b) of this subdivision, the annual salary of any position,\ncompensable on an annual basis, which is classified or reclassified, or\nwhich is allocated or reallocated to a salary grade pursuant to the\nprovisions of this article shall not be reduced for the then incumbent\nby reason of any provision of this article.\n (b) When a position is allocated pursuant to the provisions of this\nchapter to a salary grade in section one hundred thirty of this chapter,\nthe incumbent thereof, whether employed on a permanent or temporary\nbasis, shall be paid in accordance with the provisions of title B of\nthis article.\n (c) No employee whose salary would be increased by such\nclassification, reclassification, allocation or reallocation shall have\nany claim against the state for the difference, if any, between his\nformer salary and that which he should receive as a result of such\nclassification, reclassification, allocation or reallocation for the\nperiod prior to the date such change in title or salary grade becomes\neffective.\n 3. Status of employees. No employee whose position is reclassified\nshall be promoted, demoted, transferred, suspended or reinstated except\nin accordance with the provisions of this chapter.\n 4. Limitations of use of preferred list. A preferred list established\npursuant to section eighty-one of this chapter shall have no priority\nwith reference to a new position created by the reclassification of an\nexisting position pursuant to this article whenever the use of a\npreferred list for filling such new position would result in the\nsuspension of an employee pursuant to the provisions of section eighty\nof this chapter.\n 5. Career ladders. The director of the classification and compensation\ndivision may, in order to implement a plan for the progressive\nadvancement of employees in an occupational group, based on their\nacquiring, as prescribed by such director, of either training or\nexperience or both, reclassify the positions of the incumbents who meet\nthe prescribed qualifications to titles allocated to higher salary\ngrades. The advancement of an incumbent pursuant to this subdivision is\nnot, and is not to be deemed, a reallocation.\n