N.Y. State Finance Law § 210: Optional payment election

* § 210. Optional payment election. 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, new employees

hired on or after July first, two thousand twenty-six, may elect to

receive an optional payment, which shall be in an amount determined by

such agreement or for officers and employees in the executive branch who

are in positions which are not in collective negotiating units, at a

rate to be determined by the director of the division of the budget.

Such payment shall not be considered basic annual salary and shall not

be included as compensation for retirement purposes. Such payment shall

be recovered to the state within the first fourteen pay periods after

such payment. The payment specified herein shall also be implemented

for: (a) nonjudicial officers and employees of the unified court system

hired on or after July first, two thousand twenty-six, if the chief

administrator of the courts so elects; (b) employees of the senate hired

on or after July first, two thousand twenty-six, if the temporary

president of the senate so elects; (c) employees of the assembly hired

on or after July first, two thousand twenty-six, if the speaker of the

assembly so elects; and (d) employees of joint legislative employers

hired on or after July first, two thousand twenty-six, 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 subdivision (a), (b), (c), or (d) of this section shall be

in writing and filed with the state comptroller no later than September

thirtieth, two thousand twenty-five.

* NB Repealed upon implementation of terminating the alternate

procedure set forth in state finance law § 200 sb 2