§ 132 — Reallocations; adjustment of salaries

§ 132. Reallocations; adjustment of salaries. 1. When any position\nallocated to a salary grade in paragraph b of subdivision one of section\none hundred thirty of this article is reallocated on or after April\nfirst, nineteen hundred seventy-nine to a higher salary grade the basic\nannual salary of an incumbent of such position on the effective date of\nsuch reallocation shall be determined as follows:\n (a) If, immediately prior to the effective date of such reallocation,\nthe basic annual salary of such incumbent is identical to the hiring\nrate, performance advancement rate one, performance advancement rate\ntwo, or job rate of the lower grade from which such position is\nreallocated, the incumbent's basic annual salary shall be increased to\nthe corresponding rate of compensation of the higher grade to which such\nposition is reallocated.\n (b) If, immediately prior to the effective date of such reallocation,\nthe basic annual salary of such incumbent is less than the job rate, and\nnot identical to the hiring rate, performance advancement rate one, or\nperformance advancement rate two of the lower grade from which such\nposition is reallocated, the incumbent's basic annual salary shall be\nincreased by an amount equal to the difference between the next higher\nrate of compensation of such lower grade and the corresponding rate of\ncompensation of the higher grade to which such position is reallocated.\n (c) If, immediately prior to the effective date of such reallocation,\nthe basic annual salary of such incumbent exceeds the job rate of the\nlower grade from which such position is reallocated, the incumbent's\nbasic annual salary shall be increased to the job rate of the higher\ngrade to which such position is reallocated.\n (d) In determining the increase to which such incumbent is entitled\nunder the provisions of paragraphs (a) or (b) or (c) of this subdivision\nthe amount of such incumbent's basic annual salary which is considered\nto be longevity payment in accordance with the provisions of paragraph d\nof subdivision three of section one hundred thirty of this article shall\nnot be considered as basic annual salary for the purpose of determining\nsuch increase, and such amount shall be adjusted to the longevity amount\nappropriate for such higher salary grade and added to and become part of\nhis basic annual salary in such higher grade.\n (e) The provisions of this subdivision shall apply to temporary and\nprovisional employees, as well as permanent employees.\n 2. When a position allocated to a salary grade in section one hundred\nthirty of this article is reclassified to a title allocated to a higher\nsalary grade, and the president finds that such reclassification\nrepresents no substantial change in duties and responsibilities from\nthose associated with the former title, the incumbent thereof may\ncontinue to serve in such position without further examination, and his\nsalary in this new title shall be determined in accordance with the\nprovisions of this article. This subdivision has no application to a\nreclassification obtained pursuant to subdivision five of section one\nhundred twenty-one of this article.\n 3. When a position allocated to a salary grade in paragraphs a, c, or\nd of subdivision one of section one hundred thirty of this article is\nreallocated on or after April first, nineteen hundred seventy-nine or\nwhen a position allocated to a salary grade in paragraph e of\nsubdivision one of such section is reallocated on or after April first,\nnineteen hundred eighty-five to a higher salary grade other than grades\nthirty-eight or M-eight, the annual salary of an incumbent shall be\ndetermined in accordance with the provisions of subdivision two of\nsection one hundred thirty-one of this article; provided, however, that\nwhen a position allocated to a salary grade in paragraph a of\nsubdivision one of such section one hundred thirty of this article is\nreallocated to a higher salary grade on or after April first, nineteen\nhundred eighty-six, the annual salary of the incumbent shall not be\nincreased to more than one thousand five hundred dollars above the job\nrate of the higher salary grade; provided further, however, that, when a\nposition allocated to a salary grade in such paragraph a is reallocated\nto a higher salary grade on or after April first, nineteen hundred\neighty-seven, the annual salary of the incumbent shall not be increased\nto more than the second longevity step of the salary grade to which the\nposition is reallocated.\n 4. Notwithstanding the provisions of subdivision three of this\nsection, when a position allocated to salary grade M/C 17 or below in\nparagraph d of subdivision one of section one hundred thirty of this\narticle is reallocated to a higher salary grade on or after April first,\nnineteen hundred eighty-six, the annual salary of the incumbent shall\nnot be increased to more than one thousand five hundred dollars above\nthe job rate of the higher salary grade.\n 5. Notwithstanding the provisions of this chapter or any other law and\nwhere, and to the extent that, an agreement between the state and an\nemployee organization entered into pursuant to article fourteen of this\nchapter so provides on behalf of employees serving in positions in a\ncollective negotiating unit represented by such employee organization\nand for employees designated managerial or confidential pursuant to such\narticle of this chapter and civilian state employees in the division of\nmilitary and naval affairs whose positions are not in or are excluded\nfrom representation rights in any recognized or certified negotiating\nunit, when positions allocated to one of the salary grades included in\nsection one hundred thirty of this article are reallocated to a lower\nsalary grade, incumbents of such positions on the effective date of such\nreallocations and employees on authorized leave from such positions on\nthe effective date of such reallocations who subsequently return to such\npositions shall be entitled to be paid, and shall have all future salary\ncomputations authorized by this article made, on the basis of the higher\ngrade from which such positions were reallocated as long as such\nofficers and employees serve in such position as so reallocated.\n