§ 37 — Salary plan for non-judicial employees

New York § 37

• Jurisdiction: New York
• Law JUD: Judiciary
• Art. 2: General Provisions Relating to Courts and Judges

Text

§ 37. Salary plan for non-judicial employees. 1. Salary schedules for\nnonjudicial officers and employees allocated to salary grades;\npromulgation; placement thereon. (a) The chief administrator of the\ncourts shall promulgate salary schedules for state-paid positions in the\nunified court system, allocated to salary grades, in accordance with\nlaw.\n (b) This paragraph shall apply to each nonjudicial officer or employee\nof the unified court system in a position allocated to a salary grade\nand paid pursuant to a salary schedule, who moves to another position\nallocated to the same salary grade, provided (i) his or her former\nposition is in a collective negotiating unit established pursuant to\narticle fourteen of the civil service law and his or her new position is\nin another collective negotiating unit or not in any such unit, or (ii)\nhis or her former position is not in a collective negotiating unit and\nhis or her new position is in such a unit. Each such nonjudicial officer\nor employee shall receive a basic annual salary upon such movement, to\nbe determined as follows:\n (1) Where his or her new position is paid pursuant to the same salary\nschedule as his or her former position, such nonjudicial officer or\nemployee shall be paid the same basic annual salary in his or her new\nposition as he or she received in his or her former position.\n (2) Where his or her new position is paid pursuant to a salary\nschedule ("new salary schedule"), which is different from the salary\nschedule pursuant to which he or she was paid in his or her former\nposition ("former salary schedule"), he or she shall be placed on such\nnew salary schedule and paid a basic annual salary on such new salary\nschedule which shall equal a rate that represents the same proportion of\nthe maximum salary of his or her grade on the new salary schedule, as\nhis or her basic annual salary under the former salary schedule\nrepresented of the maximum salary of his or her grade on such former\nsalary schedule.\n 2. All state-paid positions in the competitive, non-competitive and\nlabor classes in the unified court system shall be allocated to a salary\ngrade by the administrative board of the judicial conference and shall\nbe paid in accordance with this section. In the discretion of the\nadministrative board any or all state-paid exempt class positions may\nalso be so paid, within the appropriation available therefor.\n 3. Additional increment. Notwithstanding any inconsistent provision of\nthis chapter, when an employee holding a position allocated to a salary\ngrade prescribed in subdivision one of this section has reached, on or\nafter April first, nineteen hundred ninety-nine, a salary equal to or in\nexcess of the maximum salary of the grade of his or her position and\nthereafter has rendered continuous service in such position, or in a\nposition in the same salary grade, he or she shall be entitled, on the\nfirst day of the fiscal year following completion of four years of such\nservice, to an additional increment of the grade to which his or her\nposition is allocated, and following completion of eight years of such\nservice, to a second additional increment of such grade. The salary of\nsuch employee shall not be increased, pursuant to the provisions of this\nsubdivision, to an amount in excess of the maximum salary of the grade\nof his or her position plus one additional increment of such grade or,\nupon qualifying for such second additional increment, to an amount in\nexcess of the maximum salary of the grade of his or her position plus\ntwo additional increments of such grade.\n For the purposes of this subdivision: (a) an employee who has reached\na salary equal to or in excess of the maximum salary of the grade of his\nposition and whose position, on or after April first, nineteen hundred\nseventy-two is reallocated to a higher salary grade shall be deemed to\nhave had continuous service at the maximum salary of the grade of his\nposition, notwithstanding the fact that, as a result of such\nreallocation, he is not receiving the maximum salary of the higher\nsalary grade to which his position is reallocated;\n (b) an employee who has not reached the maximum salary of the grade of\nhis position and whose position, on or after April first, nineteen\nhundred seventy-two is reallocated to a higher salary grade shall be\ndeemed to have reached the maximum salary of the grade of his position\non the date on which he would otherwise have reached the maximum salary\nof the grade from which his position was reallocated;\n (c) when a position, on or after April first, nineteen hundred\nseventy-two, is reclassified to a title allocated to a higher salary\ngrade, with no substantial change in duties and responsibilities from\nthose associated with the former title, the incumbent's eligibility for\nadditional increments authorized by this subdivision shall be determined\nas though his position had been reallocated to such higher salary grade;\nsuch employee shall not be deemed to be appointed or promoted to a\nposition in a higher grade for purposes of determining his salary\ntherein;\n (d) when an employee is appointed or promoted to a position in a\nhigher salary grade or, in a case not subject to the provisions of\nparagraph (c) of this subdivision, when a position is reclassified to a\ntitle allocated to a higher salary grade and the incumbent thereof is\nappointed or promoted to such reclassified title, his or her eligibility\nfor additional increments authorized by this subdivision shall be\ndetermined on the basis of his or her service after the date of such\nappointment or promotion, except that, notwithstanding the other\nprovisions of this subdivision, where his or her salary upon appointment\nor promotion is equal to or greater than the maximum salary of the grade\nof his or her position plus one additional increment of such grade but\nless than such maximum salary plus two additional increments of such\ngrade, he or she shall be eligible for an additional increment in\naccordance with the provisions of this subdivision upon completion of\nfour years of continuous service in such position following appointment\nor promotion;\n (e) an employee who has been on a preferred list pursuant to the rules\nof the administrative board of the judicial conference or section two\nhundred forty-three of the military law, or has been on leave of\nabsence, or who has resigned, and who has been reinstated to his\nposition or a similar position, shall be deemed to have continuous\nservice; provided, however, that such employee shall be credited with\nservice in his position only in a fiscal year for which he would\notherwise be entitled to receive an increment in such position if he\nwere not receiving a salary equal to or in excess of the maximum salary\nof the grade of his position;\n (f) an employee shall not be credited with service in his position in\nany fiscal year where such service was unsatisfactory or insufficient to\nrender him eligible for an annual increment if he were not receiving a\nsalary equal to or in excess of the maximum salary of the grade of his\nposition, but the failure to receive credit for such year shall not\nconstitute an interruption of his continuous service;\n (g) when an employee is appointed, demoted or reinstated from a higher\ngrade position to a lower grade position, he shall receive credit toward\neligibility for additional increments in the lower grade position for\nhis years of service in the higher grade position as though such service\nhad been rendered in the lower grade positions.\n 4. Annual increments; determination of salaries. (a) Rates of\ncompensation. An employee holding a position allocated to one of the\nsalary grades included in subdivision one of this section shall receive\nthe minimum salary of the salary grade to which his position is\nallocated, plus the number of increments which corresponds with the\nnumber of his years in service in such position, unless his services\nduring the year immediately preceding shall have been found to be\nunsatisfactory. No employee shall receive an increment which would\nresult in his receiving an annual salary in excess of the maximum of the\nsalary grade to which his position is allocated or of the amount to\nwhich he may be entitled pursuant to subdivision one of this act.\n (b) Appointment above minimum salary in certain cases. Notwithstanding\nany other provision of this chapter, with respect to positions allocated\nto salary grades in subdivision one of this section, if the annual\nsalary of an employee subject to the provisions of this section who has\nrendered twenty-six bi-weekly periods of service during the period from\nApril first, nineteen hundred seventy through March thirty-first,\nnineteen hundred seventy-two is less than six thousand dollars per year,\nsuch employee in lieu of such annual salary shall receive an annual\nsalary of six thousand dollars.\n (c) Notwithstanding any other provision of this chapter no employee\nwhose salary is below the minimum of the salary grade to which his\nposition is allocated shall receive more than two increments in the\nfiscal year beginning April first, nineteen hundred seventy-three.\n 5. Appointments and promotions to higher grade positions. (a) If an\nemployee is appointed or promoted to a position in a higher grade, he\nshall receive an increase in salary, upon such appointment or promotion,\nwhich is equivalent to the full increment payable in the position to\nwhich he is appointed or promoted, or he shall be paid the minimum\nsalary of the grade of the position to which he is appointed or\npromoted, whichever results in a higher annual salary.\n (b) Upon the reallocation of a position to a higher salary grade, the\nsalary of any employee previously appointed or promoted from such\nposition to another position in a higher grade shall not be less than\nthe salary which he would otherwise be entitled to receive if such\npromotion occurred immediately following such reallocation.\n (c) For the purpose of computing future increments such employee shall\nbe credited with the number of years of service in the higher grade\nposition to which he is appointed or promoted which corresponds with his\nresulting rate of compensation as determined pursuant to this\nsubdivision.\n 6. Appointments, transfers, reinstatements, demotions and\ndisplacements to lower grade positions. If an employee is demoted or\ndisplaced to a position in a lower grade, or is appointed, transferred\nor reinstated to a position in a lower grade, he shall, upon such\ndemotion, appointment, displacement, transfer, or reinstatement, receive\nthe rate of compensation which corresponds with the total number of his\nyears of service in the positions from which and to which he is demoted,\ndisplaced, appointed, transferred or reinstated, as the case may be,\nand, for the purpose of computing future increments, he shall be\ncredited with the number of years of service in such position which\ncorresponds with such rate of compensation. If an employee is demoted to\na position in a lower grade, he shall, upon such demotion, be paid the\nsalary in such lower grade which corresponds with the number of his\nyears of service in the grade from which he was demoted, or, in the\ndiscretion of the administrative board of the judicial conference, he\nmay be paid a higher rate of compensation, not exceeding the maximum of\nthe grade to which such position is allocated, and not exceeding the\nrate of compensation received prior to such demotion, and, for the\npurpose of computing future increments, he shall be credited with the\nnumber of years of service in such position which corresponds with such\nrate of compensation.\n 7. Appointment, transfers and reinstatements to similar grade\npositions. If an employee is transferred to a similar position, or is\nappointed or reinstated to a position in the same salary grade, he shall\nbe paid the same salary in such new position as he received in his\nformer position, except that, in the case of a transfer, if such salary\ndoes not correspond with the schedule established for the new position,\nhe shall be paid the rate of compensation for the new position which\nmost nearly corresponds with the salary he is then receiving. An\nemployee so appointed, transferred or reinstated shall be eligible to\nreceive the increments in the schedule established for the new position\nbased upon the number of his years of service in the new position and in\nhis former position.\n 8. Appointments, promotions, reinstatements, and transfer of employees\noccupying non-allocated positions. An employee who has been continuously\noccupying a position which is not allocated to one of the salary grades\ndescribed in subdivision one of this section and who is appointed,\npromoted, reinstated, or transferred to a position allocated to one of\nthe salary grades in such subdivision the minimum salary of which is\nequal to or lower than the annual rate of compensation then received by\nsuch employee, shall, upon such appointment, promotion, reinstatement or\ntransfer, be paid the minimum salary of the grade of such allocated\npositions plus the number of increments which corresponds to the number\nof years of his service in his former unallocated position or positions\nduring which he received a salary equal to or in excess of the minimum\nsalary of the position to which he is appointed, promoted, reinstated or\ntransferred, not to exceed the salary that he was receiving in his\nformer position immediately prior to the date of such appointment,\npromotion, reinstatement or transfer, and not to exceed the maximum\nsalary of his new position.\n For the purpose of computing future increments, he shall be credited\nwith the number of years of service in such new position which\ncorresponds with such rate of compensation. For the purposes of this\nsubdivision, the annual rate of compensation of the incumbent of an\nunallocated position compensable on an hourly or per diem basis or on\nany basis other than at an annual salary rate, shall be deemed to be the\ncompensation which would have been payable if the services were required\non a full time annual basis for the number of hours per day and days per\nweek established by law or administrative rule or order.\n 8-a. Allocation of non-allocated positions. (a) When a non-allocated\nposition is allocated to one of the salary grades described in\nsubdivision one of this section, the annual salary of the incumbent\nthereof shall be determined in accordance with this subdivision.\n (b) Notwithstanding the provisions of paragraph (c) of this\nsubdivision, the annual salary of any non-allocated position,\ncompensable on an annual basis, shall not, upon allocation to a salary\ngrade, be reduced for the then permanent incumbent by reason of any\nprovision of this section so long as such position is held by the then\npermanent incumbent.\n (c) When a non-allocated position is allocated to one of the salary\ngrades described in subdivision one of this section, the incumbent\nthereof, whether employed on a permanent or temporary basis, shall be\npaid the minimum salary of the salary grade to which such position is\nallocated, plus the number of increments which corresponds with the\nnumber of his years of service in such position; provided, however, that\nsuch incumbent shall not receive an annual salary in excess of the\nmaximum salary of the grade to which his position is allocated or the\namount to which he may be entitled pursuant to subdivision three of this\nsection, as the case may be.\n (d) No employee whose salary would be increased by such allocation\nshall have any claim against the state for the difference, if any,\nbetween his former salary and that which he should receive as a result\nof such allocation for the period prior to the date such allocation\nbecame effective.\n 9. Accrual of increments. Annual increments shall take effect on the\nfirst day of each fiscal year, subject, however, to the provisions of\nsection forty-four of the state finance law. An employee who has served\nthe equivalent of at least twelve complete payroll periods of actual\nservice during the fiscal year in his position shall be eligible to\nreceive an increment in such position on the first day of the next\nsucceeding fiscal year; provided, however, that an employee appointed or\npromoted at any time during the fiscal year, who received an increase in\nsalary upon such appointment or promotion which was less than two full\nincrements of the grade of the position to which he was appointed or\npromoted shall be eligible to receive in such position on the first day\nof the next succeeding fiscal year the difference between two full\nincrements of the grade of such position and the increase in salary\nwhich he received upon such appointment or promotion, notwithstanding\nthe fact that he has less than the equivalent of twelve complete payroll\nperiods of actual service in such position during the fiscal year.\nNotwithstanding the provisions of this section, where an employee\nreceiving the maximum salary or the maximum salary plus the first\nadditional increment, as the case may be, of the grade of his position\nis appointed or promoted to a position in the next higher salary grade,\nhis salary on the first day of the fiscal year on which he would\notherwise be entitled to the first additional increment of the grade of\nhis former position, if he had been receiving the maximum salary in his\nformer position at the time of such appointment or promotion, or on the\nfirst day of the fiscal year on which he would otherwise be entitled to\nthe second additional increment of the grade of his former position, if\nhe had been receiving the maximum salary plus the first additional\nincrement in his former position at the time of such appointment or\npromotion, shall not be less than the salary to which he would be\nentitled if such appointment or promotion occurred on such first day of\nthe fiscal year.\n 10. Service credit for temporary and provisional employment. Except as\notherwise expressly provided herein, temporary or provisional service\nshall be treated in the same manner as permanent service for the purpose\nof this section.\n 11. Reallocations; adjustment of salaries. When any position allocated\nto a salary grade in subdivision one of this section is reallocated on\nor after April first, nineteen hundred seventy-two to a higher salary\ngrade other than grade thirty-eight, the annual salary of a then\nincumbent on the effective date of such reallocation shall be determined\nas follows:\n (a) If, on the effective date of such reallocation, the annual salary\nof such incumbent would otherwise, if such reallocation did not occur,\nbe identical with the hiring, first, second, third, fourth, fifth, sixth\nor seventh year rate of compensation of the lower grade from which such\nposition is reallocated, or a rate of compensation equal to one or two\nadditional increments above the maximum salary of such lower grade, his\nor her annual salary shall be increased to the corresponding rate of\ncompensation of the higher grade to which such position is reallocated.\n (b) If, on the effective date of such reallocation, the annual salary\nof such incumbent would otherwise, if such reallocation did not occur,\nbe less than the rate of compensation equal to two additional increments\nabove the maximum salary of the lower grade from which such position is\nreallocated, and not identical with the hiring, first, second, third,\nfourth, fifth, sixth or seventh year rate of compensation of such lower\ngrade or with the rate of compensation equal to one additional increment\nabove the maximum salary of such lower grade, his or her annual salary\nshall be the salary he or she would otherwise receive on the date of\nsuch reallocation in such lower grade if such reallocation did not occur\nplus the difference between the next higher rate of compensation of such\nlower grade and the corresponding rate of compensation of the higher\ngrade to which such position is reallocated.\n (c) If, on the effective date of such reallocation, the annual salary,\nof such incumbent would otherwise, if such reallocation did not occur,\nexceed the rate of compensation equal to two additional increments above\nthe maximum salary of the lower grade from which such position is\nreallocated, his annual salary shall be the annual salary he would\notherwise receive if such reallocation did not occur plus the difference\nbetween such rate of compensation and the corresponding rate of\ncompensation of the higher grade to which his position is reallocated,\nbut his salary shall not be increased to an amount in excess of the\nmaximum salary of the grade to which his position is reallocated plus\ntwo additional increments of such grade.\n If an employee has been appointed or promoted from one position\nallocated to a salary grade in subdivision one of this section to\nanother position allocated to a higher salary grade and his former\nposition, on or after April first, nineteen hundred seventy-two, and\nwithin two years after such appointment or promotion, is reallocated to\na higher salary grade, the salary of such employee in the second\nposition on the effective date of such reallocation shall not be less\nthan the salary which he would otherwise be entitled to receive on such\ndate had such appointment or promotion occurred on such date.\n The provisions of this subdivision shall apply to temporary and\nprovisional employees, as well as permanent employees.\n When a position allocated to a salary grade in subdivision one of this\nsection is reclassified to a title allocated to a higher salary grade,\nand such reclassification represents no substantial change in duties and\nresponsibilities from those associated with the former title, the\nincumbent thereof may continue to serve in such position without further\nexamination, and his salary in his new title shall be determined in\naccordance with the provisions of this subsection.\n 12. Status of employees upon transfer of functions. The salary of any\nemployee of a civil division, public authority or other public benefit\ncorporation who upon transfer of his functions to the state, is\ntransferred to a position in the unified court system which is allocated\nto a salary grade, and the salary of any employee of a private\ninstitution or enterprise, whose employment is continued in an allocated\nposition pursuant to law upon the acquisition by the unified court\nsystem of such institution or enterprise, shall be prescribed by the\nchief administrator of the courts within amounts available therefor, at\na rate between the minimum salary of the grade to which the employee's\nposition is allocated and the maximum salary of such grade plus two\nadditional increments; provided, however, that if the salary received by\nsuch employee immediately prior to such transfer or entry into service\nwith the unified court system was an amount greater than the minimum\nsalary of the grade to which his position is allocated and less than the\nmaximum salary of such grade plus two additional increments of such\ngrade, his salary as prescribed by the chief administrator shall not\nexceed the salary received by him immediately prior to such transfer or\nentry. For the purpose of computing future increments, such employee\nshall be credited with the number of years of service in such position\nwhich corresponds with his salary as determined pursuant to this\nsubdivision.\n