§ 131 — Determination of salaries

§ 131. Determination of salaries. 1. Rates of compensation. An\nemployee holding a position allocated to one of the salary grades\nincluded in section one hundred thirty of this chapter shall receive the\nhiring rate of the salary grade to which his position is allocated and\nmay receive periodic performance advancement payments based on periodic\nevaluations of work performance in accordance with the terms of\napplicable agreements between the state and employee organizations\nreached pursuant to article fourteen of this chapter and the rules and\nregulations promulgated by the director of the budget. No employee shall\nreceive an annual salary in excess of the job rate of the salary grade\nto which his position is allocated as a result of a performance\nadvancement payment.\n 1-a. Appointment above minimum salary in certain cases.\nNotwithstanding any other provision of this chapter, with respect to\npositions allocated to salary grades in section one hundred thirty of\nthis chapter the director of the classification and compensation\ndivision, subject to the approval of the director of the budget, may\nauthorize an increased hiring rate, not to exceed the job rate of the\nsalary grade of the position to which a person is to be appointed when\nthe training or experience of such appointee substantially exceeds\nrequirements necessary for appointment. The salaries of other employees\nserving in the same title in the same geographical area or location\nhaving qualifications of training or experience equivalent to those of\nthe person appointed shall be increased by such amount as may be\nnecessary to equal the rate of compensation of the person appointed.\n 2. Appointments and promotions to higher grade positions. (a) If such\nan employee is promoted, appointed or otherwise advanced to a position\nin a higher salary grade he shall receive a percentage increase in\nexisting basic salary of one and one-half percent plus one and one-half\npercent times the number of grades by which he is so advanced, or he\nshall be paid the hiring rate of such higher grade, whichever results in\na higher annual salary. For purposes of determining such increase for\nemployees promoted, appointed or otherwise advanced to a position in one\nof the salary grades with the prefix M as prescribed in paragraph d of\nsubdivision one of section one hundred thirty of this article, each such\ngrade with the prefix M shall be deemed to constitute a two grade\nadvancement.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, an employee holding a position allocated to one of the\nsalary grades prescribed in paragraph b of subdivision one of section\none hundred thirty of this chapter who is promoted, appointed or\notherwise advanced to a position in a higher salary grade as prescribed\nin such paragraph shall receive an increase in salary determined in\naccordance with the provisions of paragraph (a) of this subdivision,\nprovided however that the amount of such employee's basic salary which\nis considered to be longevity payment in accordance with the provisions\nof paragraph d of subdivision three of section one hundred thirty of\nthis chapter shall not be considered as basic salary for the purpose of\ndetermining his increase, and such amount shall be adjusted to the\nlongevity amount appropriate for such higher salary grade and added to\nand become part of his basic salary in the higher grade to which he is\npromoted, appointed or advanced.\n (c) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, if such employee is promoted, appointed or otherwise\nadvanced to a position allocated to one of the salary grades with the\nprefix M as prescribed in paragraph d of subdivision one of section one\nhundred thirty of this chapter he shall receive an increase in salary\ndetermined in accordance with the provisions of paragraph (a) of this\nsubdivision provided however that the appointing officer shall have the\ndiscretion, with the approval of the director of the classification and\ncompensation division, to increase such an employee's salary by an\namount not to exceed an additional three percent of the employee's basic\nsalary in the grade from which appointed, promoted or advanced.\n (d) Notwithstanding the provisions of paragraphs (a) and (c) of this\nsubdivision, if such employee is promoted, appointed, transferred,\nreinstated, or otherwise placed in a position allocated to salary grade\nM 8 as prescribed in paragraph d of subdivision one of section one\nhundred thirty of this chapter he shall receive the hiring rate of that\nsalary grade or any higher rate authorized by the director of the\nbudget.\n (e) Notwithstanding any inconsistent provision of law, officers and\nemployees to whom the provisions of paragraph d of subdivision one of\nsection one hundred thirty of this article apply who are on the payroll\non March thirty-first, nineteen hundred eighty-five, who are promoted,\nappointed or otherwise advanced to a position in a higher salary grade\nduring the period between June sixth, nineteen hundred eighty-five for\nthe employees on the institutional payroll and June thirteenth, nineteen\nhundred eighty-five for employees on the administrative payroll and\nMarch thirty-first, nineteen hundred eighty-six, shall receive the\nprecentage increase in basic annual salary as provided in this\nsubdivision or a basic annual salary equal to the hiring rate of such\nhigher grade which is in effect during that time period plus five\npercent, whichever results in a higher annual salary.\n (f) Notwithstanding any inconsistent provision of this section,\nofficers and employees on the payroll on May twenty-third, nineteen\nhundred eighty-five in the collective negotiating units designated as\nthe security services unit and the security supervisors unit established\npursuant to article fourteen of the civil service law, who are promoted,\nappointed or otherwise advanced to a position in a higher salary grade\nduring the period between April twenty-fifth, nineteen hundred\neighty-five for the employees on the institutional payroll and May\nsecond, nineteen hundred eighty-five for employees on the administrative\npayroll and March thirty-first, nineteen hundred eighty-six, shall\nreceive the percentage increase provided in this subdivision or the\nperformance advancement rate one of such higher salary grade which is in\neffect at the time of such promotion, appointment, or advancement\nwhichever results in a higher annual salary.\n (g) Notwithstanding any inconsistent provision of law, officers and\nemployees to whom paragraph c of subdivision one of section one hundred\nthirty of this article apply who are on the payroll on March\nthirty-first, nineteen hundred eighty-five, who are promoted, appointed\nor otherwise advanced to a position in a higher salary grade during the\nperiod between June sixth, nineteen hundred eighty-five for the\nemployees on the institution payroll and June thirteenth, nineteen\nhundred eighty-five for employees on the administration payroll and\nMarch thirty-first, nineteen hundred eighty-six, shall receive the\npercentage increase in basic annual salary as provided in this\nsubdivision or a basic annual salary equal to the hiring rate of such\nhigher grade which is in effect during that time period plus five\npercent, whichever results in a higher annual salary.\n (h) Notwithstanding any inconsistent provision of law, officers and\nemployees to whom the provisions of paragraph e of subdivision one of\nsection one hundred thirty of this article apply who are on the payroll\non March thirty-first, nineteen hundred eighty-five, who are promoted,\nappointed or otherwise advanced to a position in a higher salary grade\nduring the period between June thirteenth, nineteen hundred eighty-five\nand March thirty-first, nineteen hundred eighty-six, shall receive the\npercentage increase in basic annual salary as provided in this\nsubdivision or a basic annual salary equal to the hiring rate of such\nhigher grade which is in effect during the time period plus five\npercent, whichever results in a higher annual salary.\n (i) Notwithstanding any inconsistent provision of law, officers and\nemployees to whom paragraph c of subdivision one of section one hundred\nthirty of this title apply who are promoted, appointed or otherwise\nadvanced to a position in a higher salary grade shall receive the\npercentage increase in basic annual salary as provided in this\nsubdivision or a basic annual salary equal to the hiring rate of such\nhigher grade which is in effect at the time of promotion, whichever\nresults in a higher annual salary. For the purposes of such calculation,\nwhere the terms of an agreement negotiated pursuant to article fourteen\nof this chapter so provide, the amount of a performance award paid to\nsuch employee being promoted, appointed or advanced shall be considered\nas part of basic annual salary.\n (j) Notwithstanding any inconsistent provision of law, officers and\nemployees to whom paragraphs a and e of subdivision one of section one\nhundred thirty of this title apply, who are promoted, appointed or\notherwise advanced to a position in a higher salary shall receive the\npercentage increase in basic annual salary as provided in this\nsubdivision or a basic annual salary equal to the hiring rate of such\nhigher grade which is in effect at the time of promotion, whichever\nresults in a higher annual salary. Effective April first, two thousand\ntwenty, for the purposes of such calculation, where the terms of an\nagreement negotiated pursuant to article fourteen of this chapter\napplicable to such officers and employees so provide, the amount of\nlongevity paid to such employee being promoted, appointed or advanced\nshall be considered as part of basic annual salary.\n 3. Appointments, transfers, reinstatements, demotions and\ndisplacements to lower grade positions. (a) If such an employee is\ndemoted, or displaced to a position in a lower grade pursuant to section\neighty of this chapter, or is appointed, transferred or reinstated to a\nposition in a lower grade, they shall, upon such demotion, displacement,\nappointment, transfer, or reinstatement, receive the rate of\ncompensation which corresponds with the number of annual increments and\nthe percentage value of performance advances actually received in the\nsalary grades from which and to which they are demoted, displaced,\nappointed, transferred or reinstated, as the case may be.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, an employee holding a position allocated to one of the\nsalary grades prescribed in paragraph b of subdivision one of section\none hundred thirty of this chapter who is demoted, displaced, appointed,\ntransferred, or reinstated to a position in a lower salary grade as\nprescribed in such paragraph shall receive the rate of compensation\ndetermined in accordance with the provisions of paragraph (a) of this\nsubdivision, provided however that the amount of such employee's basic\nsalary which is considered to be longevity payment in accordance with\nthe provisions of paragraph d of subdivision three of section one\nhundred thirty of this chapter shall not be considered as basic salary\nfor the purpose of determining his salary in such lower grade and such\namount shall be adjusted to the longevity amount appropriate for such\nlower salary grade and added to and become part of his basic salary in\nsuch lower grade to which he is demoted, displaced, appointed,\ntransferred or reinstated.\n (c) Notwithstanding the provisions of this section to the contrary, an\nemployee holding a position allocated to one of the salary grades\nprescribed in paragraph a of subdivision one of section one hundred\nthirty of this title may be demoted or reinstated to a position in a\nlower salary grade by an arbitrator in an award pursuant to authority\ngranted in a collectively negotiated agreement. Such arbitrator's award\nmay place the basic annual salary of the employee demoted or reinstated\nto a lower salary grade anywhere within the range of the hiring rate and\nthe job rate of the lower graded position, provided, however, for\npurposes of longevity payments, such employee must serve no less time in\nthe new position than he or she would have had to serve in the position\nfrom which demoted to be eligible.\n 4. Appointments, transfers and reinstatements to similar grade\npositions. If such an employee is appointed, transferred, or reinstated\nto a position in the same salary grade, he shall be paid the same salary\nin the new position as he received in his former position.\n 5. Appointments, promotions, reinstatements, and transfer of employees\noccupying non-allocated positions. (a) Employees serving in positions\nwhich are not allocated to one of the salary grades prescribed in\nsection one hundred thirty of this title, and which are covered by\nparagraph d of subdivision one of section one hundred thirty of this\ntitle or where, and to the extent that, an agreement between the state\nand a certified employee organization entered into pursuant to article\nfourteen of this chapter so provides on behalf of positions in a\ncollective negotiating unit represented by such employee organization:\n(i) an employee in the service of the state or of a public authority\nunder the civil service jurisdiction of the department who has been\ncontinuously occupying an unallocated position, excluding a seasonal\nposition as defined by the director of the classification and\ncompensation division, and who is appointed, promoted, reinstated, or\ntransferred to a position allocated to one of the salary grades in\nsection one hundred thirty of this title, the hiring rate of which is\nequal to or lower than the annual rate of compensation then received by\nsuch employee, shall, upon such appointment, promotion, reinstatement,\nor transfer, be paid either the minimum salary of the grade of such\nallocated position plus an amount to be determined by the director of\nthe classification and compensation division consistent with the\nperformance advancement system in effect for positions in the salary\ngrade to which he or she is appointed, promoted, reinstated, or\ntransferred, or at a rate equal to the salary that he or she was\nreceiving in his or her former position immediately prior to the date of\nsuch appointment, promotion, reinstatement, or transfer. In this event,\nsuch salary received in the position to which he or she is appointed,\npromoted, reinstated, or transferred shall not exceed the salary that he\nor she was receiving in his or her former position immediately prior to\nthe date of such appointment, promotion, reinstatement, or transfer and\nshall not exceed the job rate of his or her new position. However, if\nsuch unallocated position has previously been equated to a grade by the\ndirector of the division of the budget which is lower than the allocated\ngrade of the position to which he or she is being appointed, promoted,\nreinstated, or transferred, subparagraph (ii) of this paragraph shall\napply. The director of the classification and compensation division\nshall instruct the office of the state comptroller regarding the\napplication of salary computations performed pursuant to this\nsubparagraph. In addition, for the purposes of this subparagraph, the\nannual rate of compensation of the incumbent of an unallocated position\ncompensable on an hourly or per diem basis or on any basis other than at\nan annual salary rate, shall be deemed to be the compensation which\nwould have been payable if the services were required on a full time\nannual basis for the number of hours per day and days per week\nestablished by law or administrative rule or order; (ii) an employee in\nthe service of the state or of a public authority under the civil\nservice jurisdiction of the state department of civil service who has\nbeen continuously occupying an unallocated position, excluding a\nseasonal position as defined by the director of the classification and\ncompensation division, and who is appointed, promoted, reinstated, or\ntransferred to a position allocated to one of the salary grades is\nsection one hundred thirty of this title, the hiring rate of which is\ngreater than the annual rate of compensation then received by such\nemployee, shall, upon such appointment, promotion, reinstatement, or\ntransfer, be paid either the minimum salary of the grade of such\nallocated position, or shall be provided a salary increase as determined\nby the director of the classification and compensation division, not to\nexceed the job rate of his or her new position, except in cases where an\nemployee receives a longevity payment or a contractually negotiated\npayment above the job rate. If such unallocated position has previously\nbeen equated to a grade by the director of the division of the budget,\nthe director of the classification and compensation division shall use\nsuch grade equation in performing such salary increase calculation. For\nthe purposes of salary increase calculations pursuant to any such\nagreement between the state and a certified employee organization, the\ndirector of the classification and compensation division shall,\nconsistent with such agreement, determine the salary basis to be used by\nthe office of the state comptroller when performing such calculations.\nIn addition, for the purposes of this subparagraph, the annual rate of\ncompensation of the incumbent of an unallocated position compensable on\nan hourly or per diem basis or on any other basis other than at an\nannual salary rate, shall be deemed to be the compensation which would\nhave been payable if the services were required on a full time annual\nbasis for the number of hours per day and days per week established by\nlaw or administrative rule or order.\n (b) Employees serving in seasonal positions, as defined by the\ndirector of the classification and compensation division, which are not\nallocated to one of the salary grades prescribed in section one hundred\nthirty of this title, and which are covered by paragraph d of\nsubdivision one of section one hundred thirty of this title or where,\nand to the extent that, an agreement between the state and a certified\nemployee organization entered into pursuant to article fourteen of this\nchapter so provides on behalf of positions in a collective negotiating\nunit represented by such employee organization: (i) an employee in the\nservice of the state or of a public authority under the civil service\njurisdiction of the department who has been continuously occupying an\nunallocated seasonal position on a long term basis as defined by such\nagreement and who is appointed, promoted, reinstated, or transferred to\na position allocated to one of the salary grades in section one hundred\nthirty of this title, the hiring rate of which is equal to or lower than\nthe annual rate of compensation then received by such employee, shall,\nupon such appointment, promotion, reinstatement, or transfer, be paid at\na rate equal to the salary that he or she was receiving in his or her\nformer position for the one calendar year prior to the date of such\nappointment, promotion, reinstatement, or transfer, not to exceed the\njob rate of his or her new position. However, if such unallocated\nposition has previously been equated to a grade by the director of the\ndivision of the budget which is lower than the allocated grade of the\nposition to which he or she is being appointed, promoted, reinstated, or\ntransferred, subparagraph (ii) of this paragraph shall apply. For the\npurposes of this subparagraph, the annual rate of compensation of the\nincumbent of an unallocated seasonal position compensable on an hourly\nor per diem basis or on any other basis other than at an annual salary\nrate, shall be deemed to be the compensation which would have been\npayable if the services were required on a full time annual basis for\nthe number of hours per day and days per week established by law or\nadministrative rule or order; and (ii) an employee in the service of the\nstate or of a public authority under the civil service jurisdiction of\nthe state department of civil service who has been continuously\noccupying an unallocated seasonal position on a long term basis as\ndefined by such agreement and who is appointed, promoted, reinstated, or\ntransferred to a position allocated to one of the salary grades in\nsection one hundred thirty of this title, the hiring rate of which is\ngreater than the annual rate of compensation then received by such\nemployee, shall, upon such appointment, promotion, reinstatement, or\ntransfer, be paid either the minimum salary of such allocated position,\nor shall be provided a salary increase as determined by the director of\nthe classification and compensation division, not to exceed the job rate\nof his or her new position, except in cases where an employee receives a\nlongevity payment or a contractually negotiated payment above the job\nrate. If such unallocated position has previously been equated to a\ngrade by the director of the division of the budget, the director of the\nclassification and compensation division shall use such grade equation\nin performing such salary increase calculation. For the purposes of\nsalary increase calculations pursuant to any such agreement between the\nstate and a certified employee organization, the director of the\nclassification and compensation division shall, consistent with any such\nagreement, determine the salary basis to be used by the office of the\nstate comptroller when performing such calculations. In addition, for\nthe purposes of this subparagraph, the annual rate of compensation of\nthe incumbent of an unallocated seasonal position compensable on an\nhourly or per diem basis or on any other basis other than at an annual\nsalary rate, shall be deemed to be the compensation which would have\nbeen payable if the services were required on a full time annual basis\nfor the number of hours per day and days per week established by law or\nadministrative rule or order.\n (c) Employees in the service of the state or of a public authority\nunder the civil service jurisdiction of the state department of civil\nservice, for which neither paragraph (a) or (b) of this subdivision is\napplicable, who have been continuously occupying a position which is not\nallocated to one of the salary grades prescribed in section one hundred\nthirty of this title and who are appointed, promoted, reinstated, or\ntransferred to a position allocated to one of the salary grades in such\nsection, the hiring rate of which is equal to or lower than the annual\nrate of compensation then received by such employee, shall, upon such\nappointment, promotion, reinstatement, or transfer, be paid the minimum\nsalary of the grade of such allocated position plus an amount to be\ndetermined by the director of the classification and compensation\ndivision consistent with the performance advancement system in effect\nfor positions in the salary grade to which he or she is appointed,\npromoted, reinstated, or transferred, not to exceed the job rate of his\nor her new position. For the purposes of this paragraph, the annual rate\nof compensation of the incumbent of an unallocated position compensable\non an hourly or per diem basis or on any other basis other than at an\nannual salary rate, shall be deemed to be the compensation which would\nhave been payable if the services were required on a full time annual\nbasis for the number of hours per day and days per week established by\nlaw or administrative rule or order.\n (d) Notwithstanding the provisions of paragraphs (a) and (c) of this\nsubdivision, if the position held by an employee of a public authority\nunder the civil service jurisdiction of the department has been\nclassified and is allocated to a salary grade corresponding to the grade\nprescribed in section one hundred thirty of this title to which\npositions having the same title in the service of the state, if any, are\nallocated, and if the salary of such employee in such grade has been\ndetermined in accordance with the provisions of this article, the salary\nof such employee upon his or her appointment, promotion, reinstatement,\nor transfer to an allocated position in the service of the state shall\nbe determined in the same manner as though he or she had been holding an\nallocated position in the service of the state.\n (e) Except as otherwise provided in paragraphs (a), (b), (c), and (d)\nof this subdivision with respect to employees of certain public\nauthorities who are transferred to allocated positions in the service of\nthe state, the salary of any employee of a civil division, public\nauthority, or other public benefit corporation who, upon the transfer of\nfunctions to the state, is transferred to a position allocated to a\nsalary grade in section one hundred thirty of this title, and the salary\nof any employee of a private institution or enterprise whose employment\nis continued in such an allocated position pursuant to section\nforty-five of this chapter upon the acquisition by the state of such\ninstitution or enterprise, shall be prescribed by the director of the\nbudget, within amounts available therefor, at a rate between the hiring\nrate of the grade to which such employee's position is allocated and the\njob rate of such grade; provided, however, that if the salary received\nby such employee immediately prior to such transfer or entry into state\nservice was an amount greater than the hiring rate of the grade to which\nhis or her position is allocated and less than the job rate of such\ngrade, his or her salary as prescribed by the director of the budget\nshall not exceed the salary received by him or her immediately prior to\nsuch transfer or entry.\n 6. Advancement within salary grade. (a) An employee holding a position\nallocated to one of the salary grades prescribed in paragraphs a, b, c,\ne, f, g, h or i of subdivision one of section one hundred thirty of this\narticle whose basic annual salary is less than the job rate of such\nsalary grade may receive periodic performance advancement payments based\non periodic evaluations of work performance in accordance with the terms\nof agreements between the state and employee organizations reached\npursuant to article fourteen of this chapter and rules and regulations\npromulgated by the director of the budget; provided, however, that in no\nevent may such a payment result in a basic annual salary in excess of\nthe job rate of such grade. Such payments shall be part of the\nemployee's basic annual salary.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, the amount of such employee's basic annual salary which is\nconsidered to be longevity payment in accordance with the provisions of\nparagraph d of subdivision three of section one hundred thirty of this\nchapter shall not be considered as basic annual salary for the purpose\nof determining his eligibility for a performance advancement payment.\n (c) An employee holding a position allocated to one of the salary\ngrades prescribed in paragraph d of subdivision one of section one\nhundred thirty of this chapter whose basic annual salary is less than\nthe job rate of such salary grade may receive periodic performance\nadvancement payments based on periodic evaluations of work performance\nin accordance with rules and regulations promulgated by the director of\nthe budget; provided, however, that in no event may such a payment\nresult in a basic annual salary in excess of the job rate of such grade.\nSuch payments shall be part of the employee's basic annual salary.\n 7. Temporary and provisional employment. Except as expressly provided\nherein, temporary or provisional service shall be treated in the same\nmanner as permanent service for the purpose of this section.\n