2006 New York Code - Extra Salary Or Compensation Prohibited.

 
    § 135. Extra salary or compensation prohibited. 1. No person holding a
  position  or  employment in any department, bureau, commission or office
  to which this article  applies  and  for  which  a  definite  salary  or
  compensation  has  been  appropriated  or  designated, shall receive any
  extra salary or  compensation  in  addition  to  that  so  fixed  except
  overtime  compensation as provided in section one hundred thirty-four of
  this title. The requirements of this subdivision shall not apply to:
    (a) clinical practice pursuant to subdivision fourteen of section  two
  hundred six of the public health law, or
    (b)  certain employees of the department of motor vehicles who receive
  certain incentive payments for  productivity  standards  pursuant  to  a
  program   established   by   such   department  since  nineteen  hundred
  seventy-seven, or
    (c) employees in the office of general services who are  specified  as
  eligible  under  a labor management memorandum of understanding with the
  appropriate  employee  representative  organization  to  participate  in
  practices or programs constituting one or more pilot studies to evaluate
  the effect of extra compensation on productivity, efficiency and overall
  service  delivery.  The commissioner of general services in consultation
  with the director of the governor's office of employee relations and the
  director of classification and compensation in the department  and  with
  the  approval  of  the  director  of  the budget is hereby authorized to
  direct the payment of extra compensation to such employees.  Such  extra
  compensation shall be paid pursuant to a specified plan developed by the
  commissioner  of general services which shall be effective when approved
  by the director of the budget. The payment of  such  extra  compensation
  shall  be  in  addition  to and shall not be part of an employee's basic
  annual  salary,  and  shall  not  affect  or  impair   any   performance
  advancement  payments,  performance  awards, longevity payments or other
  rights or benefits to which an employee may  be  entitled.  Furthermore,
  any  additional  compensation payable pursuant to this subdivision shall
  not be included as compensation for retirement purposes.
    2. Any contribution by the state of food, lodging or  maintenance,  or
  any  commutation  in  lieu of maintenance, except traveling expenses and
  field allowances, shall be considered as part of the salary  established
  by  section  one  hundred thirty of this chapter. The fair value of such
  food, lodging, maintenance or commutation shall  be  determined  by  the
  director  of  the  budget and may in his discretion be deducted from the
  salary established by said section. No employee  shall  board  or  lodge
  away  from  any  institution or hospital which regularly furnishes food,
  lodging or maintenance, without  the  permission  of  the  head  of  the
  institution  or  department by which he is employed. The director of the
  budget may deduct from the salary of any employee who  fails  to  obtain
  such  permission,  the  fair value of food, lodging or maintenance which
  such institution or hospital has offered to furnish  to  such  employee.
  Whenever a chaplain employed in any state institution is not furnished a
  residence  by  the  state, twenty per cent of his annual salary shall be
  deemed to constitute the amount to be  paid  to  him  in  lieu  of  such
  residence.