N.Y. Civil Service Law § 121: General provisions relating to classification and allocation

§ 121. General provisions relating to classification and

allocation. 1. Effective date of classification and allocation. Any

classification or reclassification of a position and any allocation or

reallocation of a position to a salary grade made by the director of the

classification and compensation division or the state civil service

commission pursuant to the provisions of this article shall become

effective on the first day of the fiscal year following approval by the

director of the budget and the appropriation of funds therefor, except

that the director of the budget may, in his discretion, authorize an

effective date prior to the first day of the ensuing fiscal year.

2. Salary rights and limitations. (a) Notwithstanding the provisions

of paragraph (b) of this subdivision, the annual salary of any position,

compensable on an annual basis, which is classified or reclassified, or

which is allocated or reallocated to a salary grade pursuant to the

provisions of this article shall not be reduced for the then incumbent

by reason of any provision of this article.

(b) When a position is allocated pursuant to the provisions of this

chapter to a salary grade in section one hundred thirty of this chapter,

the incumbent thereof, whether employed on a permanent or temporary

basis, shall be paid in accordance with the provisions of title B of

this article.

(c) No employee whose salary would be increased by such

classification, reclassification, allocation or reallocation shall have

any claim against the state for the difference, if any, between his

former salary and that which he should receive as a result of such

classification, reclassification, allocation or reallocation for the

period prior to the date such change in title or salary grade becomes

effective.

3. Status of employees. No employee whose position is reclassified

shall be promoted, demoted, transferred, suspended or reinstated except

in accordance with the provisions of this chapter.

4. Limitations of use of preferred list. A preferred list established

pursuant to section eighty-one of this chapter shall have no priority

with reference to a new position created by the reclassification of an

existing position pursuant to this article whenever the use of a

preferred list for filling such new position would result in the

suspension of an employee pursuant to the provisions of section eighty

of this chapter.

5. Career ladders. The director of the classification and compensation

division may, in order to implement a plan for the progressive

advancement of employees in an occupational group, based on their

acquiring, as prescribed by such director, of either training or

experience or both, reclassify the positions of the incumbents who meet

the prescribed qualifications to titles allocated to higher salary

grades. The advancement of an incumbent pursuant to this subdivision is

not, and is not to be deemed, a reallocation.