N.Y. Civil Service Law § 135: Extra salary or compensation prohibited

§ 135. Extra salary or compensation prohibited. 1. No person holding a

position or employment in any department, bureau, commission or office

to which this article applies and for which a definite salary or

compensation has been appropriated or designated, shall receive any

extra salary or compensation in addition to that so fixed except

overtime compensation as provided in section one hundred thirty-four of

this title. The requirements of this subdivision shall not apply to:

(a) clinical practice pursuant to subdivision fourteen of section two

hundred six of the public health law, or

(b) certain employees of the department of motor vehicles who receive

certain incentive payments for productivity standards pursuant to a

program established by such department since nineteen hundred

seventy-seven, or

(c) employees in the office of general services who are specified as

eligible under a labor management memorandum of understanding with the

appropriate employee representative organization to participate in

practices or programs constituting one or more pilot studies to evaluate

the effect of extra compensation on productivity, efficiency and overall

service delivery. The commissioner of general services in consultation

with the director of the governor's office of employee relations and the

director of classification and compensation in the department and with

the approval of the director of the budget is hereby authorized to

direct the payment of extra compensation to such employees. Such extra

compensation shall be paid pursuant to a specified plan developed by the

commissioner of general services which shall be effective when approved

by the director of the budget. The payment of such extra compensation

shall be in addition to and shall not be part of an employee's basic

annual salary, and shall not affect or impair any performance

advancement payments, performance awards, longevity payments or other

rights or benefits to which an employee may be entitled. Furthermore,

any additional compensation payable pursuant to this subdivision shall

not be included as compensation for retirement purposes.

(d) payments made pursuant to a collective bargaining agreement

negotiated pursuant to article fourteen of this chapter or regulations

promulgated by the president pursuant to subdivision three of section

one hundred sixty-three of this chapter permitting payment to an

employee or officer in exchange for the employee's election to withdraw

from the health insurance plan established pursuant to article eleven of

this chapter. Such payments shall not be considered part of an

employee's basic annual salary and shall not be considered compensation

for the purposes of overtime calculation or retirement.

2. Any contribution by the state of food, lodging or maintenance, or

any commutation in lieu of maintenance, except traveling expenses and

field allowances, shall be considered as part of the salary established

by section one hundred thirty of this chapter. The fair value of such

food, lodging, maintenance or commutation shall be determined by the

director of the budget and may in his discretion be deducted from the

salary established by said section. No employee shall board or lodge

away from any institution or hospital which regularly furnishes food,

lodging or maintenance, without the permission of the head of the

institution or department by which he is employed. The director of the

budget may deduct from the salary of any employee who fails to obtain

such permission, the fair value of food, lodging or maintenance which

such institution or hospital has offered to furnish to such employee.

Whenever a chaplain employed in any state institution is not furnished a

residence by the state, twenty per cent of his annual salary shall be

deemed to constitute the amount to be paid to him in lieu of such

residence.