§ 135 — Extra salary or compensation prohibited

§ 135. Extra salary or compensation prohibited. 1. No person holding a\nposition or employment in any department, bureau, commission or office\nto which this article applies and for which a definite salary or\ncompensation has been appropriated or designated, shall receive any\nextra salary or compensation in addition to that so fixed except\novertime compensation as provided in section one hundred thirty-four of\nthis title. The requirements of this subdivision shall not apply to:\n (a) clinical practice pursuant to subdivision fourteen of section two\nhundred six of the public health law, or\n (b) certain employees of the department of motor vehicles who receive\ncertain incentive payments for productivity standards pursuant to a\nprogram established by such department since nineteen hundred\nseventy-seven, or\n (c) employees in the office of general services who are specified as\neligible under a labor management memorandum of understanding with the\nappropriate employee representative organization to participate in\npractices or programs constituting one or more pilot studies to evaluate\nthe effect of extra compensation on productivity, efficiency and overall\nservice delivery. The commissioner of general services in consultation\nwith the director of the governor's office of employee relations and the\ndirector of classification and compensation in the department and with\nthe approval of the director of the budget is hereby authorized to\ndirect the payment of extra compensation to such employees. Such extra\ncompensation shall be paid pursuant to a specified plan developed by the\ncommissioner of general services which shall be effective when approved\nby the director of the budget. The payment of such extra compensation\nshall be in addition to and shall not be part of an employee's basic\nannual salary, and shall not affect or impair any performance\nadvancement payments, performance awards, longevity payments or other\nrights or benefits to which an employee may be entitled. Furthermore,\nany additional compensation payable pursuant to this subdivision shall\nnot be included as compensation for retirement purposes.\n (d) payments made pursuant to a collective bargaining agreement\nnegotiated pursuant to article fourteen of this chapter or regulations\npromulgated by the president pursuant to subdivision three of section\none hundred sixty-three of this chapter permitting payment to an\nemployee or officer in exchange for the employee's election to withdraw\nfrom the health insurance plan established pursuant to article eleven of\nthis chapter. Such payments shall not be considered part of an\nemployee's basic annual salary and shall not be considered compensation\nfor the purposes of overtime calculation or retirement.\n 2. Any contribution by the state of food, lodging or maintenance, or\nany commutation in lieu of maintenance, except traveling expenses and\nfield allowances, shall be considered as part of the salary established\nby section one hundred thirty of this chapter. The fair value of such\nfood, lodging, maintenance or commutation shall be determined by the\ndirector of the budget and may in his discretion be deducted from the\nsalary established by said section. No employee shall board or lodge\naway from any institution or hospital which regularly furnishes food,\nlodging or maintenance, without the permission of the head of the\ninstitution or department by which he is employed. The director of the\nbudget may deduct from the salary of any employee who fails to obtain\nsuch permission, the fair value of food, lodging or maintenance which\nsuch institution or hospital has offered to furnish to such employee.\nWhenever a chaplain employed in any state institution is not furnished a\nresidence by the state, twenty per cent of his annual salary shall be\ndeemed to constitute the amount to be paid to him in lieu of such\nresidence.\n