N.Y. Military Law § 188: Annual increments; compensation on promotion, demotion, transfer, reclassification, reinstatement or reallocation

§ 188. Annual increments; compensation on promotion, demotion,

transfer, reclassification, reinstatement or reallocation. 1. Any

employee holding a position or employed pursuant to provisions of

section one hundred eighty-seven of this chapter shall receive the

minimum compensation of the classification or grade to which his

position is allocated, plus the number of increments which corresponds

with the number of his years of service in such position, unless his

service during the year immediately preceding shall have been found to

be inefficient and unsatisfactory under regulations issued pursuant to

this chapter.

2. 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. The eligibility of an employee to receive such an

increment shall be determined in the same manner as the eligibility of

an employee in the classified service would be determined under the

provisions of subdivision six of section one hundred thirty-one of the

civil service law. No employee shall receive an increment which will

result in an annual compensation in excess of the maximum established

for his position under this article.

3. If any such employee is promoted, demoted, transferred or

reinstated, to or in a position included in section one hundred

eighty-seven of this chapter, his compensation in the new position shall

be determined in the same manner as the salary of an employee in the

classified service of the state would be determined under the provisions

of section one hundred thirty-one of the civil service law.

4. If the position of any such employee is reallocated, his

compensation in the new title shall be adjusted in the same manner as

the salary of an employee in the classified service of the state would

be adjusted under the provisions of section one hundred thirty-two of

the civil service law.

5. If the position of any incumbent armory employee appointed pursuant

to section one hundred eighty-seven of this chapter, is allocated to a

salary grade for a position comparable to one in the classified service

of the state as set forth in section one hundred thirty of the civil

service law, such incumbent shall be paid the minimum salary of the new

grade and shall be eligible to receive the increments for such grade

based on the number of his years of service in the position as it

existed on March thirty-first, nineteen hundred sixty-one.