N.Y. State Finance Law § 200: Payment of salaries

§ 200. Payment of salaries. 1. The salaries of all officers of the

state, and the wages of all employees thereof shall be due from and

payable by the state bi-weekly, commencing with the fiscal year of the

state beginning April first, nineteen hundred fifty-six.

Nothing contained in this section shall prevent the staggering of

payments of salaries and wages on different days of the bi-weekly

periods for administrative convenience. This section shall not be

construed to apply to the members of the faculties, supervising staffs

and other employees of the New York state colleges, schools and

experiment stations administered by Cornell university and Alfred

university.

2. Notwithstanding the provisions of subdivision one of this section,

where the state and an employee organization representing state officers

and employees who are in positions which are in collective negotiating

units established pursuant to article fourteen of the civil service law

enter into an agreement providing for an alternative procedure for the

payment of salaries to such employees or where the director of employee

relations shall authorize an alternative procedure for the payment of

salaries to state officers or employees in the executive branch who are

in positions which are not in collective negotiating units, such

alternative procedure shall be implemented in lieu of the procedure

specified in subdivision one of this section. Notwithstanding any other

provision of law to the contrary, where the state and an employee

organization representing officers and employees in the executive branch

who are in positions which are in collective negotiating units

established pursuant to article fourteen of the civil service law enter

into an agreement, or where the director of employee relations shall

authorize for officers and employees in the executive branch who are in

positions which are not in collective negotiating units, the alternate

procedure specified herein shall be terminated for officers and

employees hired on or after July first, two thousand thirty. The

alternate procedure specified herein shall also be terminated for: (i)

nonjudicial officers and employees of the unified court system hired on

or after July first, two thousand thirty, if the chief administrator of

the courts so elects; (ii) employees of the senate hired on or after

July first, two thousand thirty, if the temporary president of the

senate so elects; (iii) employees of the assembly hired on or after July

first, two thousand thirty, if the speaker of the assembly so elects;

and (iv) employees of joint legislative employers hired on or after July

first, two thousand thirty, if the temporary president of the senate and

the speaker of the assembly mutually so elect for all such joint

legislative employers. Any election made pursuant to paragraph (i),

(ii), (iii), or (iv) of this subdivision shall be in writing and filed

with the state comptroller not later than thirty days after the

enactment of this legislation.

2-a (a). Notwithstanding the provisions of any other law:

(1). For the payrolls covering officers and employees of the state,

except as provided in subparagraph (2) of this pargagraph: commencing

with the institutional payroll period commencing December 27, 1990, and

the administrative payroll period commencing on January 3, 1991, payment

on the payment date of the five payroll periods commencing with such

dates shall be for nine-tenths of that amount paid each payroll period

until a total of five-tenths of salary for one payroll period that would

be paid but for this subdivision has been withheld. Thereafter, starting

with the sixth payroll period after December 27, 1990, or January 3,

1991, as appropriate, payment shall be in the same manner as in effect

prior to December 27, 1990, or January 3, 1991.

(2) The provisions of subparagraph (1) of this paragraph shall apply

to officers and employees of the state subject to paragraph (1) of

subdivision b of section five of chapter 353 of the laws of 1982

commencing with the payroll period (and corresponding payment date)

immediately following the completion of the procedure for the payment of

salaries and wages established by the comptroller pursuant to such

paragraph of chapter 353 of the laws of 1982.

(3) Where salary has been withheld pursuant to this subdivision, in

lieu of such salary, an officer or employee who retires or otherwise

separates from service, or the beneficiary of an employee who dies,

shall be entitled to a lump sum payment equal to the salary so withheld

at the rate of basic annual salary in effect at the time of death,

retirement, or other separation from service for each day or part

thereof for which salary was withheld pursuant to this section, but in

no case shall such lump sum payment be less than the amount of salary

originally withheld.

(b) (1) "Officers and employees of the state" shall mean (i) officers

and employees of the executive branch (including the state university

and the senior colleges of the city university of New York); (ii)

officers and employees of the statutory or contract colleges of the

state (but in the case of a statutory or contract college for which

state payment is made by reimbursement instead of direct payroll

payment, such reimbursement shall be reduced and paid in a manner

consistent with the provisions of paragraph (a) of this subdivision);

(iii) nonjudicial officers and employees of the unified court system if

the chief administrator of the courts so elects; (iv) employees of the

senate if the temporary president of the senate so elects; (v) employees

of the assembly if the speaker of the assembly so elects; (vi) employees

of joint legislative employers if the temporary president of the senate

and the speaker of the assembly mutually so elect for all such joint

legislative employers. Any election made, pursuant to (iii), (iv), (v)

or (vi) shall be in writing and filed with the state comptroller not

later than seven days from the date of enactment of this act; in the

case of an entity described in (iii) through (vi) for which an election

is not made, other equivalent demonstrable savings shall be effected for

the fiscal year ending March 31, 1991.

(2) "Employees of the senate, assembly or a joint legislative

employer" shall be as defined in section 7-d of the legislative law

(including sections 7-a and 7-b of such law) or by any other provision

of law which classifies employees of an entity to be legislative

employees for all purposes; such term shall not include senators or

members of the assembly.

(3) "Joint legislative employer" shall mean legislative commissions,

committees, task forces, councils or similar bodies whose membership is

comprised of both senators and assembly members, or which consists of

commissioners, or the majority of whose membership is appointed by one

or more of the following: the temporary president of the senate, the

speaker of the assembly, the minority leader of the senate, and/or the

minority leader of the assembly. The temporary president of the senate

and speaker of the assembly shall be the joint legislative employer of

the employees of the legislature referred to in sections 7-a and 7-b of

the legislative law.

(c) For officers and employees hired after the effective date of this

act, the withholding of five days of salary shall be accomplished in the

same manner provided in paragraph (a) of this section provided, however,

such withholding shall be taken on the first five payment dates in which

such new employees would otherwise have received their salary.

Notwithstanding any other provision of law to the contrary, where the

state and an employee organization representing officers and employees

in the executive branch who are in positions which are in collective

negotiating units established pursuant to article fourteen of the civil

service law enter into an agreement, or where the director of employee

relations shall authorize for officers or employees in the executive

branch who are in positions which are not in collective negotiating

units, officers and employees hired on or after July first, two thousand

twenty-four, shall not be subject to the withholding of five days of

salary on their first five payment dates as specified herein. Such

withholding shall not be taken for: (i) nonjudicial officers and

employees of the unified court system hired on or after July first, two

thousand twenty-four, if the chief administrator of the courts so

elects; (ii) employees of the senate hired on or after July first, two

thousand twenty-four, if the temporary president of the senate so

elects; (iii) employees of the assembly hired on or after July first,

two thousand twenty-four, if the speaker of the assembly so elects; and

(iv) employees of joint legislative employers hired on or after July

first, two thousand twenty-four, if the temporary president of the

senate and the speaker of the assembly mutually so elect for all such

joint legislative employers. Any election made pursuant to subparagraph

(i), (ii), (iii), or (iv) of this paragraph shall be in writing and

filed with the state comptroller not later than thirty days after the

enactment of this legislation.

2-b. (a) For nonjudicial officers and employees of the unified court

system: commencing with the earliest administratively feasible payroll

period (and corresponding payment date) subsequent to the date this

subdivision becomes a law, payment on the payment date of the five

payroll periods commencing thereon shall be for nine-tenths of that

amount paid each payroll period until a total of five-tenths of salary

for one payroll period that would be paid but for this provision has

been withheld. For nonjudicial officers and employees hired after the

date this subdivision becomes a law, the withholding of five days of

salary shall be accomplished in the same manner described above,

provided, however, such withholding shall be made on the first five

payment dates in which such new officers or employees would otherwise

have received their salary. Notwithstanding any other provision of law

to the contrary, such withholding shall not be taken for nonjudicial

officers and employees of the unified court system hired on or after

July first, two thousand twenty-four, if the chief administrator of the

courts so elects. Any election made pursuant to this subdivision shall

be in writing and filed with the state comptroller not later than thirty

days after the enactment of this legislation.

(b) Where salary has been withheld pursuant to this subdivision, in

lieu of such salary, an officer or employee who retires or otherwise

separates from service, or the beneficiary of an employee who dies,

shall be entitled to a lump sum payment equal to the salary so withheld

at the rate of basic annual salary in effect at the time of death,

retirement, or other separation from service for each day or part

thereof for which salary was withheld pursuant to this section, but in

no case shall such lump sum payment be less than the amount of salary

originally withheld.

3. (a) In any case where a state employee has, as a result of an

administrative error by the state, received salary or other compensation

payments in excess of that to which he or she was entitled, the state

will not attempt to recover such overpayment, except in those cases

described in paragraph (b) of this subdivision. Notwithstanding the

foregoing, the state will, where such overpayment is still continuing,

immediately reduce such employee's current salary so that the salary

paid to such employee prospectively is the salary which the employee is

entitled to receive.

(b) Nothing contained in paragraph (a) of this subdivision shall

prevent the state from recovering, by offset or otherwise, any

overpayment made (i) for a period when the employee was neither

performing services for the state nor on approved leave or (ii) under

circumstances where the comptroller reasonably determines that the

employee knew, or that a reasonable employee should have known, that the

salary paid to him or her was in excess of that which he or she was

entitled to receive.

4. (a) (i) Upon the written request from a state employee hired on or

before January first, two thousand twenty-three, the comptroller may

cause, in accordance with the rules and regulations promulgated pursuant

to paragraph (b) of this subdivision, such employee's net salary, or any

portion thereof designated by the employee, to be deposited directly in

a bank for any purpose to an account in the name of such employee, on

forms provided by the comptroller, and duly filed in accordance with

such regulations.

(ii) On and after January first, two thousand twenty-three, the

comptroller shall cause, in accordance with the rules and regulations

promulgated pursuant to paragraph (b) of this subdivision, a state

employee's net salary to be deposited directly in a bank for any purpose

to an account in the name of such employee, and into which such employee

has authorized such employee's net salary be deposited, on forms

provided by the comptroller, and duly filed in accordance with such

regulations. Provided, however, such employee may submit a request for

exemption from the provisions of this subparagraph on a form provided by

the comptroller.

(iii) The net salary of such state employee shall be paid in the form

of a paper check until the employee provides the account information for

a bank account in such employee's name which is authorized by the

employee for the purpose of the direct deposit of his or her salary

pursuant to this subdivision.

(iv) Nothing set forth in this subdivision shall be construed to

impede, infringe upon, or supersede an agreement providing for the

payment of salaries between the state and an employee organization

representing state officers and employees who are in positions which are

in collective negotiating units pursuant to article fourteen of the

civil service law.

(b) The comptroller is hereby authorized to promulgate reasonable

rules and regulations, as may be necessary, to administer the direct

deposit of employees' salaries. In regard to the deposit of a portion of

an employee's net salary, such regulations may establish a minimum

dollar amount and may limit the maximum number of partial deposits

allowed.

(c) Any employee who requests to have their salary deposited directly

in a bank pursuant to this section, may opt out of receiving a paper pay

stub and may instead receive electronic confirmation of the information

that would otherwise be included in the pay stub.

(d) The comptroller is hereby authorized to promulgate reasonable

rules and regulations, as may be necessary, to administer the electronic

confirmation referenced in paragraph (c) of this subdivision. The

comptroller shall provide notice of the electronic confirmation system

in each employee's paper pay stub.

(e) As used in this subdivision, the term "bank" shall include any

financial institution which is a member of the New York automated

clearing house or any other financial institution designated by the

comptroller.

5. Notwithstanding any law to the contrary, by agreement between the

state and an employee organization entered into pursuant to article

fourteen of the civil service law, or by an interest arbitration award

binding the state and an employee organization pursuant to article

fourteen of the civil service law, or by the director of budget for

state officers and employees in the executive branch who are in

positions which are not in collective negotiating units, plans may be

established to reduce the basic annual salary, hourly rate or per diem

for any employee within the purview of such agreement, interest

arbitration award, or the budget director's authority. Any plan or plans

established under this section will be implemented when the budget

director notifies the director of the governor's office of employee

relations and delivers such plan or plans to the comptroller, at which

point the comptroller will take the necessary actions to reduce,

restore, or repay compensation, provided however, that the comptroller

must take such actions wholly within the fiscal year that such plan

requires. After the cessation of such plan, the comptroller shall

restore such salary, hourly rate or per diem to the amount in effect

immediately before the commencement of such plan.