2006 New York Code - 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.
    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.
    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.
    (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) Upon the written request from a state employee, 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.
    (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) 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.