2006 New York Code - Reallocations; Adjustment Of Salaries.

 
    § 132. Reallocations;  adjustment  of  salaries.  1. When any position
  allocated to a salary grade in paragraph b of subdivision one of section
  one hundred thirty of this article is  reallocated  on  or  after  April
  first,  nineteen hundred seventy-nine to a higher salary grade the basic
  annual salary of an incumbent of such position on the effective date  of
  such reallocation shall be determined as follows:
    (a)  If, immediately prior to the effective date of such reallocation,
  the basic annual salary of such incumbent is  identical  to  the  hiring
  rate,  performance  advancement  rate  one, performance advancement rate
  two, or job rate  of  the  lower  grade  from  which  such  position  is
  reallocated,  the  incumbent's basic annual salary shall be increased to
  the corresponding rate of compensation of the higher grade to which such
  position is reallocated. (b) If, immediately prior to the effective date
  of such reallocation, the basic annual salary of such incumbent is  less
  than  the  job  rate,  and not identical to the hiring rate, performance
  advancement rate one, or performance advancement rate two of  the  lower
  grade  from  which  such  position is reallocated, the incumbent's basic
  annual salary shall be increased by an amount equal  to  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, immediately prior to the effective date
  of such reallocation, the basic annual salary of such incumbent  exceeds
  the job rate of the lower grade from which such position is reallocated,
  the  incumbent's  basic annual salary shall be increased to the job rate
  of the higher grade to  which  such  position  is  reallocated.  (d)  In
  determining  the  increase to which such incumbent is entitled under the
  provisions of paragraphs (a) or (b)  or  (c)  of  this  subdivision  the
  amount of such incumbent's basic annual salary which is considered to be
  longevity  payment  in  accordance with the provisions of paragraph d of
  subdivision three of section one hundred thirty of  this  article  shall
  not  be considered as basic annual salary for the purpose of determining
  such increase, and such amount shall be adjusted to the longevity amount
  appropriate for such higher salary grade and added to and become part of
  his basic annual salary in such higher grade. (e) The provisions of this
  subdivision shall apply to temporary and provisional employees, as  well
  as permanent employees.
    2.  When a position allocated to a salary grade in section one hundred
  thirty of this article is reclassified to a title allocated to a  higher
  salary  grade,  and  the  president  finds  that  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  this  new  title  shall be determined in accordance with the
  provisions of this article. This subdivision has  no  application  to  a
  reclassification  obtained  pursuant  to subdivision five of section one
  hundred twenty-one of this article.
    3. When a position allocated to a salary grade in paragraphs a, c,  or
  d  of  subdivision  one of section one hundred thirty of this article is
  reallocated on or after April first, nineteen  hundred  seventy-nine  or
  when  a  position  allocated  to  a  salary  grade  in  paragraph  e  of
  subdivision one of such section is reallocated on or after April  first,
  nineteen  hundred eighty-five to a higher salary grade other than grades
  thirty-eight or M-eight, the annual salary  of  an  incumbent  shall  be
  determined  in  accordance  with  the  provisions  of subdivision two of
  section one hundred thirty-one of this article; provided, however,  that
  when  a  position  allocated  to  a  salary  grade  in  paragraph  a  of
  subdivision one of such section one hundred thirty of  this  article  is
  reallocated  to  a higher salary grade on or after April first, nineteen
  hundred eighty-six, the annual salary of  the  incumbent  shall  not  be
  increased  to  more than one thousand five hundred dollars above the job
  rate of the higher salary grade; provided further, however, that, when a
  position  allocated to a salary grade in such paragraph a is reallocated
  to a higher salary grade on  or  after  April  first,  nineteen  hundred
  eighty-seven,  the annual salary of the incumbent shall not be increased
  to more than the second longevity step of the salary grade to which  the
  position is reallocated.
    4.  Notwithstanding  the  provisions  of  subdivision  three  of  this
  section, when a position allocated to salary grade M/C 17  or  below  in
  paragraph  d  of  subdivision  one of section one hundred thirty of this
  article is reallocated to a higher salary grade on or after April first,
  nineteen hundred eighty-six, the annual salary of  the  incumbent  shall
  not  be  increased  to more than one thousand five hundred dollars above
  the job rate of the higher salary grade.
    5. Notwithstanding the provisions of this chapter or any other law and
  where, and to the extent that, an agreement between  the  state  and  an
  employee  organization entered into pursuant to article fourteen of this
  chapter so provides on behalf of employees serving  in  positions  in  a
  collective  negotiating  unit  represented by such employee organization
  and for employees designated managerial or confidential pursuant to such
  article of this chapter and civilian state employees in the division  of
  military  and  naval  affairs whose positions are not in or are excluded
  from representation rights in any recognized  or  certified  negotiating
  unit,  when  positions allocated to one of the salary grades included in
  section one hundred thirty of this article are reallocated  to  a  lower
  salary grade, incumbents of such positions on the effective date of such
  reallocations  and  employees on authorized leave from such positions on
  the effective date of such reallocations who subsequently return to such
  positions shall be entitled to be paid, and shall have all future salary
  computations authorized by this article made, on the basis of the higher
  grade from which  such  positions  were  reallocated  as  long  as  such
  officers and employees serve in such position as so reallocated.