N.Y. Civil Service Law § 132: Reallocations; adjustment of salaries

§ 132. Reallocations; adjustment of salaries. 1. When any position

allocated to a salary grade in paragraph b of subdivision one of section

one hundred thirty of this article is reallocated on or after April

first, nineteen hundred seventy-nine to a higher salary grade the basic

annual salary of an incumbent of such position on the effective date of

such reallocation shall be determined as follows:

(a) If, immediately prior to the effective date of such reallocation,

the basic annual salary of such incumbent is identical to the hiring

rate, performance advancement rate one, performance advancement rate

two, or job rate of the lower grade from which such position is

reallocated, the incumbent's basic annual salary shall be increased to

the corresponding rate of compensation of the higher grade to which such

position is reallocated.

(b) If, immediately prior to the effective date of such reallocation,

the basic annual salary of such incumbent is less than the job rate, and

not identical to the hiring rate, performance advancement rate one, or

performance advancement rate two of the lower grade from which such

position is reallocated, the incumbent's basic annual salary shall be

increased by an amount equal to the difference between the next higher

rate of compensation of such lower grade and the corresponding rate of

compensation of the higher grade to which such position is reallocated.

(c) If, immediately prior to the effective date of such reallocation,

the basic annual salary of such incumbent exceeds the job rate of the

lower grade from which such position is reallocated, the incumbent's

basic annual salary shall be increased to the job rate of the higher

grade to which such position is reallocated.

(d) In determining the increase to which such incumbent is entitled

under the provisions of paragraphs (a) or (b) or (c) of this subdivision

the amount of such incumbent'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 article shall

not be considered as basic annual salary for the purpose of determining

such 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 annual salary in such higher grade.

(e) The provisions of this subdivision shall apply to temporary and

provisional employees, as well as permanent employees.

2. When a position allocated to a salary grade in section one hundred

thirty of this article is reclassified to a title allocated to a higher

salary grade, and the president finds that such reclassification

represents no substantial change in duties and responsibilities from

those associated with the former title, the incumbent thereof may

continue to serve in such position without further examination, and his

salary in this new title shall be determined in accordance with the

provisions of this article. This subdivision has no application to a

reclassification obtained pursuant to subdivision five of section one

hundred twenty-one of this article.

3. When a position allocated to a salary grade in paragraphs a, c, or

d of subdivision one of section one hundred thirty of this article is

reallocated on or after April first, nineteen hundred seventy-nine or

when a position allocated to a salary grade in paragraph e of

subdivision one of such section is reallocated on or after April first,

nineteen hundred eighty-five to a higher salary grade other than grades

thirty-eight or M-eight, the annual salary of an incumbent shall be

determined in accordance with the provisions of subdivision two of

section one hundred thirty-one of this article; provided, however, that

when a position allocated to a salary grade in paragraph a of

subdivision one of such section one hundred thirty of this article is

reallocated to a higher salary grade on or after April first, nineteen

hundred eighty-six, the annual salary of the incumbent shall not be

increased to more than one thousand five hundred dollars above the job

rate of the higher salary grade; provided further, however, that, when a

position allocated to a salary grade in such paragraph a is reallocated

to a higher salary grade on or after April first, nineteen hundred

eighty-seven, the annual salary of the incumbent shall not be increased

to more than the second longevity step of the salary grade to which the

position is reallocated.

4. Notwithstanding the provisions of subdivision three of this

section, when a position allocated to salary grade M/C 17 or below in

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

article is reallocated to a higher salary grade on or after April first,

nineteen hundred eighty-six, the annual salary of the incumbent shall

not be increased to more than one thousand five hundred dollars above

the job rate of the higher salary grade.

5. Notwithstanding the provisions of this chapter or any other law and

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

employee organization entered into pursuant to article fourteen of this

chapter so provides on behalf of employees serving in positions in a

collective negotiating unit represented by such employee organization

and for employees designated managerial or confidential pursuant to such

article of this chapter and civilian state employees in the division of

military and naval affairs whose positions are not in or are excluded

from representation rights in any recognized or certified negotiating

unit, when positions allocated to one of the salary grades included in

section one hundred thirty of this article are reallocated to a lower

salary grade, incumbents of such positions on the effective date of such

reallocations and employees on authorized leave from such positions on

the effective date of such reallocations who subsequently return to such

positions shall be entitled to be paid, and shall have all future salary

computations authorized by this article made, on the basis of the higher

grade from which such positions were reallocated as long as such

officers and employees serve in such position as so reallocated.