N.Y. Judiciary Law § 37: Salary plan for non-judicial employees

§ 37. Salary plan for non-judicial employees. 1. Salary schedules for

nonjudicial officers and employees allocated to salary grades;

promulgation; placement thereon. (a) The chief administrator of the

courts shall promulgate salary schedules for state-paid positions in the

unified court system, allocated to salary grades, in accordance with

law.

(b) This paragraph shall apply to each nonjudicial officer or employee

of the unified court system in a position allocated to a salary grade

and paid pursuant to a salary schedule, who moves to another position

allocated to the same salary grade, provided (i) his or her former

position is in a collective negotiating unit established pursuant to

article fourteen of the civil service law and his or her new position is

in another collective negotiating unit or not in any such unit, or (ii)

his or her former position is not in a collective negotiating unit and

his or her new position is in such a unit. Each such nonjudicial officer

or employee shall receive a basic annual salary upon such movement, to

be determined as follows:

(1) Where his or her new position is paid pursuant to the same salary

schedule as his or her former position, such nonjudicial officer or

employee shall be paid the same basic annual salary in his or her new

position as he or she received in his or her former position.

(2) Where his or her new position is paid pursuant to a salary

schedule ("new salary schedule"), which is different from the salary

schedule pursuant to which he or she was paid in his or her former

position ("former salary schedule"), he or she shall be placed on such

new salary schedule and paid a basic annual salary on such new salary

schedule which shall equal a rate that represents the same proportion of

the maximum salary of his or her grade on the new salary schedule, as

his or her basic annual salary under the former salary schedule

represented of the maximum salary of his or her grade on such former

salary schedule.

2. All state-paid positions in the competitive, non-competitive and

labor classes in the unified court system shall be allocated to a salary

grade by the administrative board of the judicial conference and shall

be paid in accordance with this section. In the discretion of the

administrative board any or all state-paid exempt class positions may

also be so paid, within the appropriation available therefor.

3. Additional increment. Notwithstanding any inconsistent provision of

this chapter, when an employee holding a position allocated to a salary

grade prescribed in subdivision one of this section has reached, on or

after April first, nineteen hundred ninety-nine, a salary equal to or in

excess of the maximum salary of the grade of his or her position and

thereafter has rendered continuous service in such position, or in a

position in the same salary grade, he or she shall be entitled, on the

first day of the fiscal year following completion of four years of such

service, to an additional increment of the grade to which his or her

position is allocated, and following completion of eight years of such

service, to a second additional increment of such grade. The salary of

such employee shall not be increased, pursuant to the provisions of this

subdivision, to an amount in excess of the maximum salary of the grade

of his or her position plus one additional increment of such grade or,

upon qualifying for such second additional increment, to an amount in

excess of the maximum salary of the grade of his or her position plus

two additional increments of such grade.

For the purposes of this subdivision: (a) an employee who has reached

a salary equal to or in excess of the maximum salary of the grade of his

position and whose position, on or after April first, nineteen hundred

seventy-two is reallocated to a higher salary grade shall be deemed to

have had continuous service at the maximum salary of the grade of his

position, notwithstanding the fact that, as a result of such

reallocation, he is not receiving the maximum salary of the higher

salary grade to which his position is reallocated;

(b) an employee who has not reached the maximum salary of the grade of

his position and whose position, on or after April first, nineteen

hundred seventy-two is reallocated to a higher salary grade shall be

deemed to have reached the maximum salary of the grade of his position

on the date on which he would otherwise have reached the maximum salary

of the grade from which his position was reallocated;

(c) when a position, on or after April first, nineteen hundred

seventy-two, is reclassified to a title allocated to a higher salary

grade, with no substantial change in duties and responsibilities from

those associated with the former title, the incumbent's eligibility for

additional increments authorized by this subdivision shall be determined

as though his position had been reallocated to such higher salary grade;

such employee shall not be deemed to be appointed or promoted to a

position in a higher grade for purposes of determining his salary

therein;

(d) when an employee is appointed or promoted to a position in a

higher salary grade or, in a case not subject to the provisions of

paragraph (c) of this subdivision, when a position is reclassified to a

title allocated to a higher salary grade and the incumbent thereof is

appointed or promoted to such reclassified title, his or her eligibility

for additional increments authorized by this subdivision shall be

determined on the basis of his or her service after the date of such

appointment or promotion, except that, notwithstanding the other

provisions of this subdivision, where his or her salary upon appointment

or promotion is equal to or greater than the maximum salary of the grade

of his or her position plus one additional increment of such grade but

less than such maximum salary plus two additional increments of such

grade, he or she shall be eligible for an additional increment in

accordance with the provisions of this subdivision upon completion of

four years of continuous service in such position following appointment

or promotion;

(e) an employee who has been on a preferred list pursuant to the rules

of the administrative board of the judicial conference or section two

hundred forty-three of the military law, or has been on leave of

absence, or who has resigned, and who has been reinstated to his

position or a similar position, shall be deemed to have continuous

service; provided, however, that such employee shall be credited with

service in his position only in a fiscal year for which he would

otherwise be entitled to receive an increment in such position if he

were not receiving a salary equal to or in excess of the maximum salary

of the grade of his position;

(f) an employee shall not be credited with service in his position in

any fiscal year where such service was unsatisfactory or insufficient to

render him eligible for an annual increment if he were not receiving a

salary equal to or in excess of the maximum salary of the grade of his

position, but the failure to receive credit for such year shall not

constitute an interruption of his continuous service;

(g) when an employee is appointed, demoted or reinstated from a higher

grade position to a lower grade position, he shall receive credit toward

eligibility for additional increments in the lower grade position for

his years of service in the higher grade position as though such service

had been rendered in the lower grade positions.

4. Annual increments; determination of salaries. (a) Rates of

compensation. An employee holding a position allocated to one of the

salary grades included in subdivision one of this section shall receive

the minimum salary of the salary grade to which his position is

allocated, plus the number of increments which corresponds with the

number of his years in service in such position, unless his services

during the year immediately preceding shall have been found to be

unsatisfactory. No employee shall receive an increment which would

result in his receiving an annual salary in excess of the maximum of the

salary grade to which his position is allocated or of the amount to

which he may be entitled pursuant to subdivision one of this act.

(b) Appointment above minimum salary in certain cases. Notwithstanding

any other provision of this chapter, with respect to positions allocated

to salary grades in subdivision one of this section, if the annual

salary of an employee subject to the provisions of this section who has

rendered twenty-six bi-weekly periods of service during the period from

April first, nineteen hundred seventy through March thirty-first,

nineteen hundred seventy-two is less than six thousand dollars per year,

such employee in lieu of such annual salary shall receive an annual

salary of six thousand dollars.

(c) Notwithstanding any other provision of this chapter no employee

whose salary is below the minimum of the salary grade to which his

position is allocated shall receive more than two increments in the

fiscal year beginning April first, nineteen hundred seventy-three.

5. Appointments and promotions to higher grade positions. (a) If an

employee is appointed or promoted to a position in a higher grade, he

shall receive an increase in salary, upon such appointment or promotion,

which is equivalent to the full increment payable in the position to

which he is appointed or promoted, or he shall be paid the minimum

salary of the grade of the position to which he is appointed or

promoted, whichever results in a higher annual salary.

(b) Upon the reallocation of a position to a higher salary grade, the

salary of any employee previously appointed or promoted from such

position to another position in a higher grade shall not be less than

the salary which he would otherwise be entitled to receive if such

promotion occurred immediately following such reallocation.

(c) For the purpose of computing future increments such employee shall

be credited with the number of years of service in the higher grade

position to which he is appointed or promoted which corresponds with his

resulting rate of compensation as determined pursuant to this

subdivision.

6. Appointments, transfers, reinstatements, demotions and

displacements to lower grade positions. If an employee is demoted or

displaced to a position in a lower grade, or is appointed, transferred

or reinstated to a position in a lower grade, he shall, upon such

demotion, appointment, displacement, transfer, or reinstatement, receive

the rate of compensation which corresponds with the total number of his

years of service in the positions from which and to which he is demoted,

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

and, for the purpose of computing future increments, he shall be

credited with the number of years of service in such position which

corresponds with such rate of compensation. If an employee is demoted to

a position in a lower grade, he shall, upon such demotion, be paid the

salary in such lower grade which corresponds with the number of his

years of service in the grade from which he was demoted, or, in the

discretion of the administrative board of the judicial conference, he

may be paid a higher rate of compensation, not exceeding the maximum of

the grade to which such position is allocated, and not exceeding the

rate of compensation received prior to such demotion, and, for the

purpose of computing future increments, he shall be credited with the

number of years of service in such position which corresponds with such

rate of compensation.

7. Appointment, transfers and reinstatements to similar grade

positions. If an employee is transferred to a similar position, or is

appointed or reinstated to a position in the same salary grade, he shall

be paid the same salary in such new position as he received in his

former position, except that, in the case of a transfer, if such salary

does not correspond with the schedule established for the new position,

he shall be paid the rate of compensation for the new position which

most nearly corresponds with the salary he is then receiving. An

employee so appointed, transferred or reinstated shall be eligible to

receive the increments in the schedule established for the new position

based upon the number of his years of service in the new position and in

his former position.

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

occupying non-allocated positions. An employee who has been continuously

occupying a position which is not allocated to one of the salary grades

described in subdivision one of this section and who is appointed,

promoted, reinstated, or transferred to a position allocated to one of

the salary grades in such subdivision the minimum salary 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

positions plus the number of increments which corresponds to the number

of years of his service in his former unallocated position or positions

during which he received a salary equal to or in excess of the minimum

salary of the position to which he is appointed, promoted, reinstated or

transferred, not to exceed the salary that he was receiving in his

former position immediately prior to the date of such appointment,

promotion, reinstatement or transfer, and not to exceed the maximum

salary of his new position.

For the purpose of computing future increments, he shall be credited

with the number of years of service in such new position which

corresponds with such rate of compensation. For the purposes of this

subdivision, 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.

8-a. Allocation of non-allocated positions. (a) When a non-allocated

position is allocated to one of the salary grades described in

subdivision one of this section, the annual salary of the incumbent

thereof shall be determined in accordance with this subdivision.

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

subdivision, the annual salary of any non-allocated position,

compensable on an annual basis, shall not, upon allocation to a salary

grade, be reduced for the then permanent incumbent by reason of any

provision of this section so long as such position is held by the then

permanent incumbent.

(c) When a non-allocated position is allocated to one of the salary

grades described in subdivision one of this section, the incumbent

thereof, whether employed on a permanent or temporary basis, shall be

paid the minimum salary of the salary grade to which such position is

allocated, plus the number of increments which corresponds with the

number of his years of service in such position; provided, however, that

such incumbent shall not receive an annual salary in excess of the

maximum salary of the grade to which his position is allocated or the

amount to which he may be entitled pursuant to subdivision three of this

section, as the case may be.

(d) No employee whose salary would be increased by such allocation

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 allocation for the period prior to the date such allocation

became effective.

9. Accrual of increments. Annual increments shall take effect on the

first day of each fiscal year, subject, however, to the provisions of

section forty-four of the state finance law. An employee who has served

the equivalent of at least twelve complete payroll periods of actual

service during the fiscal year in his position shall be eligible to

receive an increment in such position on the first day of the next

succeeding fiscal year; provided, however, that an employee appointed or

promoted at any time during the fiscal year, who received an increase in

salary upon such appointment or promotion which was less than two full

increments of the grade of the position to which he was appointed or

promoted shall be eligible to receive in such position on the first day

of the next succeeding fiscal year the difference between two full

increments of the grade of such position and the increase in salary

which he received upon such appointment or promotion, notwithstanding

the fact that he has less than the equivalent of twelve complete payroll

periods of actual service in such position during the fiscal year.

Notwithstanding the provisions of this section, where an employee

receiving the maximum salary or the maximum salary plus the first

additional increment, as the case may be, of the grade of his position

is appointed or promoted to a position in the next higher salary grade,

his salary on the first day of the fiscal year on which he would

otherwise be entitled to the first additional increment of the grade of

his former position, if he had been receiving the maximum salary in his

former position at the time of such appointment or promotion, or on the

first day of the fiscal year on which he would otherwise be entitled to

the second additional increment of the grade of his former position, if

he had been receiving the maximum salary plus the first additional

increment in his former position at the time of such appointment or

promotion, shall not be less than the salary to which he would be

entitled if such appointment or promotion occurred on such first day of

the fiscal year.

10. Service credit for temporary and provisional employment. Except as

otherwise expressly provided herein, temporary or provisional service

shall be treated in the same manner as permanent service for the purpose

of this section.

11. Reallocations; adjustment of salaries. When any position allocated

to a salary grade in subdivision one of this section is reallocated on

or after April first, nineteen hundred seventy-two to a higher salary

grade other than grade thirty-eight, the annual salary of a then

incumbent on the effective date of such reallocation shall be determined

as follows:

(a) If, on the effective date of such reallocation, the annual salary

of such incumbent would otherwise, if such reallocation did not occur,

be identical with the hiring, first, second, third, fourth, fifth, sixth

or seventh year rate of compensation of the lower grade from which such

position is reallocated, or a rate of compensation equal to one or two

additional increments above the maximum salary of such lower grade, his

or her annual salary shall be increased to the corresponding rate of

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

(b) If, on the effective date of such reallocation, the annual salary

of such incumbent would otherwise, if such reallocation did not occur,

be less than the rate of compensation equal to two additional increments

above the maximum salary of the lower grade from which such position is

reallocated, and not identical with the hiring, first, second, third,

fourth, fifth, sixth or seventh year rate of compensation of such lower

grade or with the rate of compensation equal to one additional increment

above the maximum salary of such lower grade, his or her annual salary

shall be the salary he or she would otherwise receive on the date of

such reallocation in such lower grade if such reallocation did not occur

plus 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, on the effective date of such reallocation, the annual salary,

of such incumbent would otherwise, if such reallocation did not occur,

exceed the rate of compensation equal to two additional increments above

the maximum salary of the lower grade from which such position is

reallocated, his annual salary shall be the annual salary he would

otherwise receive if such reallocation did not occur plus the difference

between such rate of compensation and the corresponding rate of

compensation of the higher grade to which his position is reallocated,

but his salary shall not be increased to an amount in excess of the

maximum salary of the grade to which his position is reallocated plus

two additional increments of such grade.

If an employee has been appointed or promoted from one position

allocated to a salary grade in subdivision one of this section to

another position allocated to a higher salary grade and his former

position, on or after April first, nineteen hundred seventy-two, and

within two years after such appointment or promotion, is reallocated to

a higher salary grade, the salary of such employee in the second

position on the effective date of such reallocation shall not be less

than the salary which he would otherwise be entitled to receive on such

date had such appointment or promotion occurred on such date.

The provisions of this subdivision shall apply to temporary and

provisional employees, as well as permanent employees.

When a position allocated to a salary grade in subdivision one of this

section is reclassified to a title allocated to a higher salary grade,

and 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 his new title shall be determined in

accordance with the provisions of this subsection.

12. Status of employees upon transfer of functions. The salary of any

employee of a civil division, public authority or other public benefit

corporation who upon transfer of his functions to the state, is

transferred to a position in the unified court system which is allocated

to a salary grade, and the salary of any employee of a private

institution or enterprise, whose employment is continued in an allocated

position pursuant to law upon the acquisition by the unified court

system of such institution or enterprise, shall be prescribed by the

chief administrator of the courts within amounts available therefor, at

a rate between the minimum salary of the grade to which the employee's

position is allocated and the maximum salary of such grade plus two

additional increments; provided, however, that if the salary received by

such employee immediately prior to such transfer or entry into service

with the unified court system was an amount greater than the minimum

salary of the grade to which his position is allocated and less than the

maximum salary of such grade plus two additional increments of such

grade, his salary as prescribed by the chief administrator shall not

exceed the salary received by him immediately prior to such transfer or

entry. For the purpose of computing future increments, such employee

shall be credited with the number of years of service in such position

which corresponds with his salary as determined pursuant to this

subdivision.