N.Y. Civil Service Law § 131: Determination of salaries

§ 131. Determination of salaries. 1. Rates of compensation. An

employee holding a position allocated to one of the salary grades

included in section one hundred thirty of this chapter shall receive the

hiring rate of the salary grade to which his position is allocated and

may receive periodic performance advancement payments based on periodic

evaluations of work performance in accordance with the terms of

applicable agreements between the state and employee organizations

reached pursuant to article fourteen of this chapter and the rules and

regulations promulgated by the director of the budget. No employee shall

receive an annual salary in excess of the job rate of the salary grade

to which his position is allocated as a result of a performance

advancement payment.

1-a. Appointment above minimum salary in certain cases.

Notwithstanding any other provision of this chapter, with respect to

positions allocated to salary grades in section one hundred thirty of

this chapter the director of the classification and compensation

division, subject to the approval of the director of the budget, may

authorize an increased hiring rate, not to exceed the job rate of the

salary grade of the position to which a person is to be appointed when

the training or experience of such appointee substantially exceeds

requirements necessary for appointment. The salaries of other employees

serving in the same title in the same geographical area or location

having qualifications of training or experience equivalent to those of

the person appointed shall be increased by such amount as may be

necessary to equal the rate of compensation of the person appointed.

2. Appointments and promotions to higher grade positions. (a) If such

an employee is promoted, appointed or otherwise advanced to a position

in a higher salary grade he shall receive a percentage increase in

existing basic salary of one and one-half percent plus one and one-half

percent times the number of grades by which he is so advanced, or he

shall be paid the hiring rate of such higher grade, whichever results in

a higher annual salary. For purposes of determining such increase for

employees promoted, appointed or otherwise advanced to a position in one

of the salary grades with the prefix M as prescribed in paragraph d of

subdivision one of section one hundred thirty of this article, each such

grade with the prefix M shall be deemed to constitute a two grade

advancement.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, an employee holding a position allocated to one of the

salary grades prescribed in paragraph b of subdivision one of section

one hundred thirty of this chapter who is promoted, appointed or

otherwise advanced to a position in a higher salary grade as prescribed

in such paragraph shall receive an increase in salary determined in

accordance with the provisions of paragraph (a) of this subdivision,

provided however that the amount of such employee's basic salary which

is considered to be longevity payment in accordance with the provisions

of paragraph d of subdivision three of section one hundred thirty of

this chapter shall not be considered as basic salary for the purpose of

determining his increase, and such amount shall be adjusted to the

longevity amount appropriate for such higher salary grade and added to

and become part of his basic salary in the higher grade to which he is

promoted, appointed or advanced.

(c) Notwithstanding the provisions of paragraph (a) of this

subdivision, if such employee is promoted, appointed or otherwise

advanced to a position allocated to one of the salary grades with the

prefix M as prescribed in paragraph d of subdivision one of section one

hundred thirty of this chapter he shall receive an increase in salary

determined in accordance with the provisions of paragraph (a) of this

subdivision provided however that the appointing officer shall have the

discretion, with the approval of the director of the classification and

compensation division, to increase such an employee's salary by an

amount not to exceed an additional three percent of the employee's basic

salary in the grade from which appointed, promoted or advanced.

(d) Notwithstanding the provisions of paragraphs (a) and (c) of this

subdivision, if such employee is promoted, appointed, transferred,

reinstated, or otherwise placed in a position allocated to salary grade

M 8 as prescribed in paragraph d of subdivision one of section one

hundred thirty of this chapter he shall receive the hiring rate of that

salary grade or any higher rate authorized by the director of the

budget.

(e) Notwithstanding any inconsistent provision of law, officers and

employees to whom the provisions of paragraph d of subdivision one of

section one hundred thirty of this article apply who are on the payroll

on March thirty-first, nineteen hundred eighty-five, who are promoted,

appointed or otherwise advanced to a position in a higher salary grade

during the period between June sixth, nineteen hundred eighty-five for

the employees on the institutional payroll and June thirteenth, nineteen

hundred eighty-five for employees on the administrative payroll and

March thirty-first, nineteen hundred eighty-six, shall receive the

precentage increase in basic annual salary as provided in this

subdivision or a basic annual salary equal to the hiring rate of such

higher grade which is in effect during that time period plus five

percent, whichever results in a higher annual salary.

(f) Notwithstanding any inconsistent provision of this section,

officers and employees on the payroll on May twenty-third, nineteen

hundred eighty-five in the collective negotiating units designated as

the security services unit and the security supervisors unit established

pursuant to article fourteen of the civil service law, who are promoted,

appointed or otherwise advanced to a position in a higher salary grade

during the period between April twenty-fifth, nineteen hundred

eighty-five for the employees on the institutional payroll and May

second, nineteen hundred eighty-five for employees on the administrative

payroll and March thirty-first, nineteen hundred eighty-six, shall

receive the percentage increase provided in this subdivision or the

performance advancement rate one of such higher salary grade which is in

effect at the time of such promotion, appointment, or advancement

whichever results in a higher annual salary.

(g) Notwithstanding any inconsistent provision of law, officers and

employees to whom paragraph c of subdivision one of section one hundred

thirty of this article apply who are on the payroll on March

thirty-first, nineteen hundred eighty-five, who are promoted, appointed

or otherwise advanced to a position in a higher salary grade during the

period between June sixth, nineteen hundred eighty-five for the

employees on the institution payroll and June thirteenth, nineteen

hundred eighty-five for employees on the administration payroll and

March thirty-first, nineteen hundred eighty-six, shall receive the

percentage increase in basic annual salary as provided in this

subdivision or a basic annual salary equal to the hiring rate of such

higher grade which is in effect during that time period plus five

percent, whichever results in a higher annual salary.

(h) Notwithstanding any inconsistent provision of law, officers and

employees to whom the provisions of paragraph e of subdivision one of

section one hundred thirty of this article apply who are on the payroll

on March thirty-first, nineteen hundred eighty-five, who are promoted,

appointed or otherwise advanced to a position in a higher salary grade

during the period between June thirteenth, nineteen hundred eighty-five

and March thirty-first, nineteen hundred eighty-six, shall receive the

percentage increase in basic annual salary as provided in this

subdivision or a basic annual salary equal to the hiring rate of such

higher grade which is in effect during the time period plus five

percent, whichever results in a higher annual salary.

(i) Notwithstanding any inconsistent provision of law, officers and

employees to whom paragraph c of subdivision one of section one hundred

thirty of this title apply who are promoted, appointed or otherwise

advanced to a position in a higher salary grade shall receive the

percentage increase in basic annual salary as provided in this

subdivision or a basic annual salary equal to the hiring rate of such

higher grade which is in effect at the time of promotion, whichever

results in a higher annual salary. For the purposes of such calculation,

where the terms of an agreement negotiated pursuant to article fourteen

of this chapter so provide, the amount of a performance award paid to

such employee being promoted, appointed or advanced shall be considered

as part of basic annual salary.

(j) Notwithstanding any inconsistent provision of law, officers and

employees to whom paragraphs a and e of subdivision one of section one

hundred thirty of this title apply, who are promoted, appointed or

otherwise advanced to a position in a higher salary shall receive the

percentage increase in basic annual salary as provided in this

subdivision or a basic annual salary equal to the hiring rate of such

higher grade which is in effect at the time of promotion, whichever

results in a higher annual salary. Effective April first, two thousand

twenty, for the purposes of such calculation, where the terms of an

agreement negotiated pursuant to article fourteen of this chapter

applicable to such officers and employees so provide, the amount of

longevity paid to such employee being promoted, appointed or advanced

shall be considered as part of basic annual salary.

3. Appointments, transfers, reinstatements, demotions and

displacements to lower grade positions. (a) If such an employee is

demoted, or displaced to a position in a lower grade pursuant to section

eighty of this chapter, or is appointed, transferred or reinstated to a

position in a lower grade, they shall, upon such demotion, displacement,

appointment, transfer, or reinstatement, receive the rate of

compensation which corresponds with the number of annual increments and

the percentage value of performance advances actually received in the

salary grades from which and to which they are demoted, displaced,

appointed, transferred or reinstated, as the case may be.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, an employee holding a position allocated to one of the

salary grades prescribed in paragraph b of subdivision one of section

one hundred thirty of this chapter who is demoted, displaced, appointed,

transferred, or reinstated to a position in a lower salary grade as

prescribed in such paragraph shall receive the rate of compensation

determined in accordance with the provisions of paragraph (a) of this

subdivision, provided however that the amount of such employee's basic

salary which is considered to be longevity payment in accordance with

the provisions of paragraph d of subdivision three of section one

hundred thirty of this chapter shall not be considered as basic salary

for the purpose of determining his salary in such lower grade and such

amount shall be adjusted to the longevity amount appropriate for such

lower salary grade and added to and become part of his basic salary in

such lower grade to which he is demoted, displaced, appointed,

transferred or reinstated.

(c) Notwithstanding the provisions of this section to the contrary, an

employee holding a position allocated to one of the salary grades

prescribed in paragraph a of subdivision one of section one hundred

thirty of this title may be demoted or reinstated to a position in a

lower salary grade by an arbitrator in an award pursuant to authority

granted in a collectively negotiated agreement. Such arbitrator's award

may place the basic annual salary of the employee demoted or reinstated

to a lower salary grade anywhere within the range of the hiring rate and

the job rate of the lower graded position, provided, however, for

purposes of longevity payments, such employee must serve no less time in

the new position than he or she would have had to serve in the position

from which demoted to be eligible.

4. Appointments, transfers and reinstatements to similar grade

positions. If such an employee is appointed, transferred, or reinstated

to a position in the same salary grade, he shall be paid the same salary

in the new position as he received in his former position.

5. Appointments, promotions, reinstatements, and transfer of employees

occupying non-allocated positions. (a) Employees serving in positions

which are not allocated to one of the salary grades prescribed in

section one hundred thirty of this title, and which are covered by

paragraph d of subdivision one of section one hundred thirty of this

title or where, and to the extent that, an agreement between the state

and a certified employee organization entered into pursuant to article

fourteen of this chapter so provides on behalf of positions in a

collective negotiating unit represented by such employee organization:

(i) an employee in the service of the state or of a public authority

under the civil service jurisdiction of the department who has been

continuously occupying an unallocated position, excluding a seasonal

position as defined by the director of the classification and

compensation division, and who is appointed, promoted, reinstated, or

transferred to a position allocated to one of the salary grades in

section one hundred thirty of this title, the hiring rate of which is

equal to or lower than the annual rate of compensation then received by

such employee, shall, upon such appointment, promotion, reinstatement,

or transfer, be paid either the minimum salary of the grade of such

allocated position plus an amount to be determined by the director of

the classification and compensation division consistent with the

performance advancement system in effect for positions in the salary

grade to which he or she is appointed, promoted, reinstated, or

transferred, or at a rate equal to the salary that he or she was

receiving in his or her former position immediately prior to the date of

such appointment, promotion, reinstatement, or transfer. In this event,

such salary received in the position to which he or she is appointed,

promoted, reinstated, or transferred shall not exceed the salary that he

or she was receiving in his or her former position immediately prior to

the date of such appointment, promotion, reinstatement, or transfer and

shall not exceed the job rate of his or her new position. However, if

such unallocated position has previously been equated to a grade by the

director of the division of the budget which is lower than the allocated

grade of the position to which he or she is being appointed, promoted,

reinstated, or transferred, subparagraph (ii) of this paragraph shall

apply. The director of the classification and compensation division

shall instruct the office of the state comptroller regarding the

application of salary computations performed pursuant to this

subparagraph. In addition, for the purposes of this subparagraph, the

annual rate of compensation of the incumbent of an unallocated position

compensable on an hourly or per diem basis or on any basis other than at

an annual salary rate, shall be deemed to be the compensation which

would have been payable if the services were required on a full time

annual basis for the number of hours per day and days per week

established by law or administrative rule or order; (ii) an employee in

the service of the state or of a public authority under the civil

service jurisdiction of the state department of civil service who has

been continuously occupying an unallocated position, excluding a

seasonal position as defined by the director of the classification and

compensation division, and who is appointed, promoted, reinstated, or

transferred to a position allocated to one of the salary grades is

section one hundred thirty of this title, the hiring rate of which is

greater than the annual rate of compensation then received by such

employee, shall, upon such appointment, promotion, reinstatement, or

transfer, be paid either the minimum salary of the grade of such

allocated position, or shall be provided a salary increase as determined

by the director of the classification and compensation division, not to

exceed the job rate of his or her new position, except in cases where an

employee receives a longevity payment or a contractually negotiated

payment above the job rate. If such unallocated position has previously

been equated to a grade by the director of the division of the budget,

the director of the classification and compensation division shall use

such grade equation in performing such salary increase calculation. For

the purposes of salary increase calculations pursuant to any such

agreement between the state and a certified employee organization, the

director of the classification and compensation division shall,

consistent with such agreement, determine the salary basis to be used by

the office of the state comptroller when performing such calculations.

In addition, for the purposes of this subparagraph, the annual rate of

compensation of the incumbent of an unallocated position compensable on

an hourly or per diem basis or on any other basis other than at an

annual salary rate, shall be deemed to be the compensation which would

have been payable if the services were required on a full time annual

basis for the number of hours per day and days per week established by

law or administrative rule or order.

(b) Employees serving in seasonal positions, as defined by the

director of the classification and compensation division, which are not

allocated to one of the salary grades prescribed in section one hundred

thirty of this title, and which are covered by paragraph d of

subdivision one of section one hundred thirty of this title or where,

and to the extent that, an agreement between the state and a certified

employee organization entered into pursuant to article fourteen of this

chapter so provides on behalf of positions in a collective negotiating

unit represented by such employee organization: (i) an employee in the

service of the state or of a public authority under the civil service

jurisdiction of the department who has been continuously occupying an

unallocated seasonal position on a long term basis as defined by such

agreement and who is appointed, promoted, reinstated, or transferred to

a position allocated to one of the salary grades in section one hundred

thirty of this title, the hiring rate of which is equal to or lower than

the annual rate of compensation then received by such employee, shall,

upon such appointment, promotion, reinstatement, or transfer, be paid at

a rate equal to the salary that he or she was receiving in his or her

former position for the one calendar year prior to the date of such

appointment, promotion, reinstatement, or transfer, not to exceed the

job rate of his or her new position. However, if such unallocated

position has previously been equated to a grade by the director of the

division of the budget which is lower than the allocated grade of the

position to which he or she is being appointed, promoted, reinstated, or

transferred, subparagraph (ii) of this paragraph shall apply. For the

purposes of this subparagraph, the annual rate of compensation of the

incumbent of an unallocated seasonal position compensable on an hourly

or per diem basis or on any other basis other than at an annual salary

rate, shall be deemed to be the compensation which would have been

payable if the services were required on a full time annual basis for

the number of hours per day and days per week established by law or

administrative rule or order; and (ii) an employee in the service of the

state or of a public authority under the civil service jurisdiction of

the state department of civil service who has been continuously

occupying an unallocated seasonal position on a long term basis as

defined by such agreement and who is appointed, promoted, reinstated, or

transferred to a position allocated to one of the salary grades in

section one hundred thirty of this title, the hiring rate of which is

greater than the annual rate of compensation then received by such

employee, shall, upon such appointment, promotion, reinstatement, or

transfer, be paid either the minimum salary of such allocated position,

or shall be provided a salary increase as determined by the director of

the classification and compensation division, not to exceed the job rate

of his or her new position, except in cases where an employee receives a

longevity payment or a contractually negotiated payment above the job

rate. If such unallocated position has previously been equated to a

grade by the director of the division of the budget, the director of the

classification and compensation division shall use such grade equation

in performing such salary increase calculation. For the purposes of

salary increase calculations pursuant to any such agreement between the

state and a certified employee organization, the director of the

classification and compensation division shall, consistent with any such

agreement, determine the salary basis to be used by the office of the

state comptroller when performing such calculations. In addition, for

the purposes of this subparagraph, the annual rate of compensation of

the incumbent of an unallocated seasonal position compensable on an

hourly or per diem basis or on any other basis other than at an annual

salary rate, shall be deemed to be the compensation which would have

been payable if the services were required on a full time annual basis

for the number of hours per day and days per week established by law or

administrative rule or order.

(c) Employees in the service of the state or of a public authority

under the civil service jurisdiction of the state department of civil

service, for which neither paragraph (a) or (b) of this subdivision is

applicable, who have been continuously occupying a position which is not

allocated to one of the salary grades prescribed in section one hundred

thirty of this title and who are appointed, promoted, reinstated, or

transferred to a position allocated to one of the salary grades in such

section, the hiring rate of which is equal to or lower than the annual

rate of compensation then received by such employee, shall, upon such

appointment, promotion, reinstatement, or transfer, be paid the minimum

salary of the grade of such allocated position plus an amount to be

determined by the director of the classification and compensation

division consistent with the performance advancement system in effect

for positions in the salary grade to which he or she is appointed,

promoted, reinstated, or transferred, not to exceed the job rate of his

or her new position. For the purposes of this paragraph, the annual rate

of compensation of the incumbent of an unallocated position compensable

on an hourly or per diem basis or on any other basis other than at an

annual salary rate, shall be deemed to be the compensation which would

have been payable if the services were required on a full time annual

basis for the number of hours per day and days per week established by

law or administrative rule or order.

(d) Notwithstanding the provisions of paragraphs (a) and (c) of this

subdivision, if the position held by an employee of a public authority

under the civil service jurisdiction of the department has been

classified and is allocated to a salary grade corresponding to the grade

prescribed in section one hundred thirty of this title to which

positions having the same title in the service of the state, if any, are

allocated, and if the salary of such employee in such grade has been

determined in accordance with the provisions of this article, the salary

of such employee upon his or her appointment, promotion, reinstatement,

or transfer to an allocated position in the service of the state shall

be determined in the same manner as though he or she had been holding an

allocated position in the service of the state.

(e) Except as otherwise provided in paragraphs (a), (b), (c), and (d)

of this subdivision with respect to employees of certain public

authorities who are transferred to allocated positions in the service of

the state, the salary of any employee of a civil division, public

authority, or other public benefit corporation who, upon the transfer of

functions to the state, is transferred to a position allocated to a

salary grade in section one hundred thirty of this title, and the salary

of any employee of a private institution or enterprise whose employment

is continued in such an allocated position pursuant to section

forty-five of this chapter upon the acquisition by the state of such

institution or enterprise, shall be prescribed by the director of the

budget, within amounts available therefor, at a rate between the hiring

rate of the grade to which such employee's position is allocated and the

job rate of such grade; provided, however, that if the salary received

by such employee immediately prior to such transfer or entry into state

service was an amount greater than the hiring rate of the grade to which

his or her position is allocated and less than the job rate of such

grade, his or her salary as prescribed by the director of the budget

shall not exceed the salary received by him or her immediately prior to

such transfer or entry.

6. Advancement within salary grade. (a) An employee holding a position

allocated to one of the salary grades prescribed in paragraphs a, b, c,

e, f, g, h or i of subdivision one of section one hundred thirty of this

article whose basic annual salary is less than the job rate of such

salary grade may receive periodic performance advancement payments based

on periodic evaluations of work performance in accordance with the terms

of agreements between the state and employee organizations reached

pursuant to article fourteen of this chapter and rules and regulations

promulgated by the director of the budget; provided, however, that in no

event may such a payment result in a basic annual salary in excess of

the job rate of such grade. Such payments shall be part of the

employee's basic annual salary.

(b) Notwithstanding the provisions of paragraph (a) of this

subdivision, the amount of such employee's basic annual salary which is

considered to be longevity payment in accordance with the provisions of

paragraph d of subdivision three of section one hundred thirty of this

chapter shall not be considered as basic annual salary for the purpose

of determining his eligibility for a performance advancement payment.

(c) An employee holding a position allocated to one of the salary

grades prescribed in paragraph d of subdivision one of section one

hundred thirty of this chapter whose basic annual salary is less than

the job rate of such salary grade may receive periodic performance

advancement payments based on periodic evaluations of work performance

in accordance with rules and regulations promulgated by the director of

the budget; provided, however, that in no event may such a payment

result in a basic annual salary in excess of the job rate of such grade.

Such payments shall be part of the employee's basic annual salary.

7. Temporary and provisional employment. Except as expressly provided

herein, temporary or provisional service shall be treated in the same

manner as permanent service for the purpose of this section.