Article 7

Compensation

The State and PEF shall prepare, secure introduction and recommend passage by the Legislature of such legislation as may be appropriate and necessary to provide the benefits below:

7.1  2003-2004 Lump Sum Payment

Each employee who is in full-time employment status on March 31, 2004 and who has on that date six (6) months or more of continuous service as defined by Section 130.3(c) of the Civil Service Law shall receive a lump sum payment in 2004 as soon as practicable in the amount of $800, which amount shall be pensionable. Employees who are otherwise eligible for such payment but who are not on the payroll on March 31 and who return to the payroll during Fiscal Year 2004-2005 without a break in service shall be eligible for such payment.

7.2 2004-2005 Salary Increase

Effective March 25, 2004 for employees on the administrative payroll and April 1, 2004 for employees on the institutional payroll, the basic annual salary of employees in full-time employment status on March 24, 2004 and March 31, 2004 respectively  shall be increased by two and one-half (2.5) percent.

            7.3 2004-2005 Salary Schedule

Effective March 25, 2004 for employees on the administrative payroll and April 1, 2004 for employees on the institutional payroll, a new salary schedule shall be established which shall consist of a hiring rate and a job rate for grades 1 through 37 and a hiring rate for grade 38. The hiring rates shall be the hiring rates of the salary schedule in effect on March 24, 2004 for employees on the administrative payroll and March 31, 2004 for employees on the institutional payroll increased by two and one-half (2.5) percent. The job rates for grades 1 through 37 shall be the rates of the salary schedule in effect on March 24, 2004 for employees on the administrative payroll and March 31, 2004 for employees on the institutional payroll increased by two and one-half (2.5) percent.

7.4 2005-2006 Salary Increase

            Effective  April 7, 2005 for employees on the administrative payroll and March 31, 2005 for employees on the institutional payroll, the basic annual salary of employees in full-time employment status on April 6, 2005 and March 30, 2005 respectively  shall be increased by two and three-quarters (2.75) percent.

7.5 2005-2006 Salary Schedule

Effective April 7, 2005 for employees on the administrative payroll and March 31, 2005 for employees on the institutional payroll, a new salary schedule shall be established which shall consist of a hiring rate and a job rate for grades 1 through 37 and a hiring rate for grade 38. The hiring rates shall be the hiring rates of the salary schedule in effect on April 6, 2005 for employees on the administrative payroll and March 30, 2005 for employees on the institutional payroll increased by two and three-quarters (2.75) percent. The job rates for grades 1 through 37 shall be the rates of the salary schedule in effect on April 6, 2005 for employees on the administrative payroll and March 30, 2005 for employees on the institutional payroll increased by two and three-quarters (2.75) percent.

7.6 2006-2007 Salary Increase

            Effective April 6, 2006 for employees on the administrative payroll and March 30, 2006 for employees on the institutional payroll, the basic annual salary of employees in full-time employment status on April 5, 2006 and March 29, 2006 respectively shall be increased by three (3) percent.

7.7 2006-2007 Salary Schedule

Effective April 6, 2006 for employees on the administrative payroll and March 30, 2006 for employees on the institutional payroll, a new salary schedule shall be established which shall consist of a hiring rate and a job rate for grades 1 through 37 and a hiring rate for grade 38. The hiring rates shall be the hiring rates of the salary schedule in effect on April 5, 2006 for employees on the administrative payroll and March 29, 2006 for employees on the institutional payroll increased by three (3) percent. The job rates for grades 1 through 37 shall be the rates of the salary schedule in effect on April 5, 2006 for employees on the administrative payroll and March 29, 2006 for employees on the institutional payroll increased by three (3) percent.

            7.8 Salary Increase Effective April 1, 2007

Effective April 1, 2007 for employees on the administrative payroll and on the institutional payroll, the basic annual salary of employees in full-time employment status on March 31, 2007 respectively, shall be increased by $800. 

7.9   Salary Schedule Adjustment Effective April 1, 2007

Effective April 1, 2007 for employees on the administrative payroll and on the institutional payroll, a new salary schedule shall be established which shall consist of a hiring rate and a job rate for grades 1 through 37 and a hiring rate for grade 38. The hiring rates shall be the hiring rates of the salary schedule in effect on March 31, 2007 increased by $800. The job rates for grades 1 through 37 shall be the rates of the salary schedule in effect on March 31, 2007 increased by $800.  Effective April 1, 2007, a new merit advance rate will be added for grades 1 through 18, the amounts of which are specified in Appendix I.

7.1 2007-2008 Salary Increase

Effective April 5, 2007 for employees on the administrative payroll and March 29, 2007 for employees on the institutional payroll, the basic annual salary of employees in full-time employment status on April 4, 2007 and March 28, 2007 respectively, shall be increased by three (3.0) percent.

            7.2 2007-2008 Salary Schedule

Effective April 5, 2007 for employees on the administrative payroll and March 29, 2007 for employees on the institutional payroll, a new salary schedule shall be established which shall consist of a hiring rate and a job rate for grades 1 through 37 and a hiring rate for grade 38. The hiring rates shall be the hiring rates of the salary schedule in effect on April 4, 2007 for employees on the administrative payroll and March 28, 2007 for employees on the institutional payroll increased by three (3.0) percent. The job rates for grades 1 through 37 shall be the rates of the salary schedule in effect on April 4, 2007 for employees on the administrative payroll and March 28, 2007 for employees on the institutional payroll increased by three (3.0) percent.

7.3 2008-2009 Salary Increase

            Effective April 3, 2008 for employees on the administrative payroll and March 27, 2008 for employees on the institutional payroll, the basic annual salary of employees in full-time employment status on April 2, 2008 and March 26, 2008 respectively  shall be increased by three (3.0) percent.

7.4 2008-2009 Salary Schedule

Effective April 3, 2008 for employees on the administrative payroll and March 27, 2008 for employees on the institutional payroll, a new salary schedule shall be established which shall consist of a hiring rate and a job rate for grades 1 through 37 and a hiring rate for grade 38. The hiring rates shall be the hiring rates of the salary schedule in effect on April 2, 2008 for employees on the administrative payroll and March 26, 2008 for employees on the institutional payroll increased by three (3.0) percent. The job rates for grades 1 through 37 shall be the rates of the salary in effect on April 2, 2008 for employees on the administrative payroll and March 26, 2008 for employees on the institutional payroll increased by three (3.0) percent.

7.5 2009-2010 Salary Increase

            Effective April 2, 2009 for employees on the administrative payroll and March 26, 2009 for employees on the institutional payroll, the basic annual salary of employees in full-time employment status on April 1, 2009 and March 25, 2009 respectively shall be increased by three (3) percent.

7.6 2009-2010 Salary Schedule

Effective April 2, 2009 for employees on the administrative payroll and March 26, 2009 for employees on the institutional payroll, a new salary schedule shall be established which shall consist of a hiring rate and a job rate for grades 1 through 37 and a hiring rate for grade 38. The hiring rates shall be the hiring rates of the salary schedule in effect on April 1, 2009 for employees on the administrative payroll and March 25, 2009 for employees on the institutional payroll increased by three (3) percent. The job rates for grades 1 through 37 shall be the rates of the salary schedule in effect on April 1, 2009 for employees on the administrative payroll and March 25, 2009 for employees on the institutional payroll increased by three (3) percent.

      7.7 2010-2011 Salary Increase

            Effective April 1, 2010 for employees on the administrative payroll and March 25, 2010 for employees on the institutional payroll, the basic annual salary of employees in full-time employment status on March 31, 2010 and March 24, 2010 respectively shall be increased by four (4) percent.

7.8  2010-2011 Salary Schedule

Effective April 1, 2010 for employees on the administrative payroll and March 25, 2010 for employees on the institutional payroll, a new salary schedule shall be established which shall consist of a hiring rate and a job rate for grades 1 through 37 and a hiring rate for grade 38. The hiring rates shall be the hiring rates of the salary schedule in effect on March 31, 2010 for employees on the administrative payroll and March 24, 2010 for employees on the institutional payroll increased by four (4) percent. The job rates for grades 1 through 37 shall be the rates of the salary schedule in effect on March 31, 2010 for employees on the administrative payroll and March 24, 2010 for employees on the institutional payroll increased by four (4) percent.

7.10 7.9 Promotions

 (a) Employees promoted or otherwise advanced to a higher salary grade shall be paid at the hiring rate of the higher grade or will receive a percentage increase in base pay determined as indicated below, whichever results in a higher salary.  For purposes of this section, “base pay” shall include any performance award(s) received during the 12 month period immediately preceding the promotion.

 

    For a Promotion of                    An Increase of

1 grade                                     3.0%

2 grades                                   4.5%

3 grades                                   6.0%

4 grades                                   7.5%

5 grades                                   9.0%

 

(b)  Reallocations and Reclassifications

            Employees in positions which are reallocated or reclassified to a higher salary grade shall receive an increase in pay determined in the same manner as described for promotions.

             7.11 7.10 Applicability to Hourly, Part-time and Per Diem Employees

             (a) All of the above provisions, except 7.1, shall apply on a pro rata basis to employees paid on an hourly or per diem basis or on any basis other than at an annual

rate, or to employees paid on a part-time basis. The above provisions shall not apply to employees paid on a fee schedule.

(b) Section 7.1 above shall apply on a pro rata basis to part-time employees in

employment status on March 31, 2004 who have a total time in pay status of six (6) months or more during fiscal year 2003-2004; this six months of pay status shall be called the “qualifying period.” For employees with more than six months of total time in pay status, the qualifying period shall be the last such six months in the respective fiscal year. Such employees paid on an hourly, per diem, or annual salaried basis who:

-work a minimum of one-quarter time, but less than half-time, during their qualifying period shall receive $200

-work a minimum of half-time, but less than three-quarters time, during their qualifying period shall receive $400

-work a minimum of three-quarters time, but less than full-time, during their qualifying period shall receive $600

-work the equivalent of full-time during their qualifying period shall receive $800.

Such section shall not apply to employees paid on a fee schedule.

7.12 7.11 Performance Advances

 (a) Subject to the provisions of sub-sections 7.12 7.11 (b) through 7.12 7.11 (d) below, salary adjustments between the hiring rates and job rates of the salary grades shall be paid to eligible employees in accordance with eligibility standards, procedures, and other provisions of the PS&T Unit Performance Evaluation System.

(b) Performance advances will be payable to eligible employees on April 1 of the fiscal year immediately following completion of each year of service in grade. For contract years 2007-08, 2008-09 and 2009-10, Pperformance advances shall be an amount equal to one-seventh of the dollar value of the difference between the hiring rate and the job r ate of the grade to which the employees position is allocated or equated as contained on the appropriate salary schedule.  Effective April 1, 2010, performance advances, except those to job rate, shall be equal to the dollar amounts shown under the column “Advance Amount” in the Appendix I salary schedule for 2010-2011.  Effective April 1, 2010, performance advances to job rate shall be equal to the dollar amounts shown under the column “JR Advance Amount” in the same salary schedule.

         Employees hired or promoted on or after April 2 and through October 1 will have a performance advance anniversary date of October1.  Employees hired or promoted on or after October 2 and through April 1 will have an April 1 performance advance anniversary date. All hired or promoted employees will be required to serve at least one year before receiving their performance advance. Once the performance advance is received, subsequent performance advances will begin on the appropriate performance advance anniversary date of either October 1 or April 1. The creation of a second performance advance anniversary date will continue the practice that all employees will serve at least one year before the performance advance is paid but no employee will wait longer than one and one-half years.

(c) An employee’s salary may not exceed the job rate as a result of a performance advance.

(d) The State/PEF Memorandum of Understanding Concerning Performance Evaluation and Performance Advances shall be amended to incorporate the necessary revisions to comply with the provisions of this article.

(e) Effective April 1, 2007, salary adjustments to the merit advance rate shall be paid to eligible employees in accordance with the Merit Advance Rate Program developed in accordance with the Memorandum of Understanding Concerning Performance Evaluation and Performance Advances and the Merit Advance Sideletter.  Effective April 1, 2010, the Merit Advance Rate Program shall be discontinued.

 

7.13 7.12  Performance Awards

(a) 2003-04  2007-08

(1) Each employee who as of March 31, 2004 2008, has completed five years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2003  2007 was higher than “Below Minimum” or the equivalent, shall receive a five year Performance Award.

(2) Each employee who as of March 31, 2004 2008, has completed ten years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2003  2007  was higher than “Below Minimum” or the equivalent, shall receive both a five year Performance Award and a ten year Performance Award.

(b) 2004-05  2008-09

(1) Each employee who as of March 31, 2005 2009, has completed five years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2004 2008  was higher than “Below Minimum” or the equivalent, shall receive a five year Performance Award.

(2) Each employee who as of March 31, 2005 2009, has completed ten years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2004 2008 was higher than “Below Minimum” or the equivalent, shall receive both a five year Performance Award and a ten year Performance Award.

 (c) 2005-06  2009-2010

(1) Each employee who as of March 31, 2006 2010, has completed five years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2005 2009 was higher than “Below Minimum” or the equivalent, shall receive a five year Performance Award.

(2) Each employee who as of March 31, 2006 2010, has completed ten years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2005 2009 was higher than “Below Minimum” or the equivalent, shall receive both a five year Performance Award and a ten year Performance Award.

            (d) 2006-07  2010-2011

(1) Each employee who as of March 31, 2007 2011, has completed five years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2006 2010 was higher than “Below Minimum” or the equivalent, shall receive a five year Performance Award.

(2) Each employee who as of March 31, 2007 2011, has completed ten years or more of continuous service as defined by Section 130.3(c) of the Civil Service Law at a basic annual salary rate equal to or higher than the job rate of the employee’s salary grade, and whose summary performance evaluation received during calendar year 2006 2010 was higher than “Below Minimum” or the equivalent, shall receive both a five year Performance Award and a ten year Performance Award.

(e) 2003-04 2007-08 Performance Awards shall be lump-sum, non-recurring payments in the amount of $1,250 each for employees in full-time status as of March 31, 2004 2008, or a pro rata share of that amount for employees in part-time employment status on that date, and shall be paid in April, 2004 2008. or as soon as practicable.

2004-05 2008-09 Performance Awards shall be lump-sum, non-recurring payments in the amount of $1,250 each for employees in full-time status as of March 31, 2005 2009 or a pro rata share of that amount for employees in part-time status on that date, and shall be paid in April, 2005  2009.

2005-06 2009-10 Performance Awards shall be lump-sum, non-recurring payments in the amount of $1,250 each for employees in full-time status as of  March 31,  2006 2010 or a pro rata share of that amount for employees in part-time employment status on that date, and shall be paid in April, 2006 2010.

2006-07 2010-11 Performance Awards shall be lump-sum, non-recurring payments in the amount of $1,250 each for employees in full-time status as of March 31, 2007 2011 or a pro rata share of that amount for employees in part-time employment status on that date, and shall be paid in April, 2007 2011.

            (f) Employees otherwise eligible to receive payment of Performance Awards who, on the March 31st eligibility date, are on authorized leave of absence without pay (preferred list, military leave, workers’ compensation leave, or approved leave of absence) shall, if they return to active payroll status within one year of the March 31 eligibility date, be eligible for such payment in full if in full-time status immediately prior to such leave or shall be eligible for a pro rata share of such payment if in part-time employment status immediately prior to such leave.

            7.14  7.13 Recall and Inconvenience Pay and Locational Compensation

            (a) Except as otherwise hereinafter specifically provided, the present recall pay and inconvenience pay and locational compensation programs will be continued.

            (b) Effective April 2, 2007, T the inconvenience pay program will be $500 $575 per year to employees who work four (4) hours or more between 6:00 p.m. and 6:00 a.m., except on an overtime basis, as provided in Chapter 333 of the Laws of 1969 as amended. Effective March 25, 2004 for employees on the administrative payroll and April 1, 2004  for employees on the institutional payroll, inconvenience pay will be $550 per year to employees who work four (4) hours or more between 6:00 p.m. and 6:00 a.m., except on an overtime basis, as provided in Chapter 333 of the Laws of 1969 as amended.

            (c) Those employees in Monroe County who were receiving $200 location pay on March 31, 1988 will continue to receive such location pay throughout this Agreement as long as they remain otherwise eligible. Employees in New York City, Nassau, Rockland, Suffolk and Westchester Counties who would have been eligible to receive location pay if it had continued will receive a downstate adjustment in lieu of location pay.  Employees in Orange, Dutchess and Putnam counties will receive the Mid-Hudson Adjustment.

(d) Effective April 2, 2003 2007, employees eligible for the downstate adjustment will receive $1200 $1,302 per year.

(e)  Effective April 2004 April 2, 2007, employees eligible employees in Orange, Dutchess, and Putnam counties will receive a  for the Mid-Hudson Adjustment in addition to their base annual salary as outlined in (f) below.  will receive $651.

(f) After April 1, 2003 April 2, 2007, all subsequent increases in the Downstate Adjustment and the Mid-Hudson adjustment will be equal to any future increases that are applied to the basic annual salary as follows:

 

Effective Date

 

Administrative                           Institutional                   Downstate                    Mid-Hudson

Payroll                                      Payroll                          Adjustment                   Adjustment

 

March 25, 2004                       April 1, 2004                $1,230                         $615

April 7, 2005                            March 31, 2005           $1,264                         $632

April 6, 2006                            March 30, 2006           $1,302                         $651

 

April 3, 2008                           March 27, 2008          $1,850                         $1,000

October 2, 2008                      September 25, 2008   $3,026                         $1,513

 

7.15 7.14 Holiday Pay

 (a) Any employee who is entitled to time off with pay on days observed as holidays by the State as an employer will receive at the employee’s option additional compensation for time worked on such days or compensatory time off. Such additional compensation, except as noted in 7.15(c) below, for each such full day worked will be at the rate of 1/10 of the employee’s biweekly rate of compensation. Such additional compensation for less than a full day of such work will be prorated. Such rate of compensation will include geographic, locational, inconvenience, shift pay and the downstate or Mid-Hudson adjustment as may be appropriate to the place or hours worked. In no event will an employee be entitled to such additional compensation or compensatory time off unless the employee has been scheduled or directed to work.

(b) An employee electing to take compensatory time off in lieu of holiday pay shall notify the appropriate payroll agency in writing between April 1 and June 15, 2004, 2008 of the employee’s intention to do so with the understanding that such notice constitutes a waiver for the term of this Agreement of the employee’s right to receive additional compensation for holidays worked; provided, however, that an employee shall have the opportunity to revoke such waiver or file a waiver, if the employee has not already done so, by notifying the appropriate payroll agency in writing between April 1 and May 15 in each year of this Agreement of the employee’s revocation or waiver, in which event such revocation or waiver shall remain in effect for the remainder of the term of this Agreement. 

(c) Any employee who is entitled to time off with pay on days observed as the Thanksgiving Day or Christmas Day holidays by the State as an employer, will receive at the employee’s option additional compensation for time worked on such days or holiday compensatory time off. Such additional compensation for each such full day worked will be at the rate of 3/20 of the employee’s biweekly rate of compensation. Such additional compensation for less than a full day of such work will be prorated. Such rate of compensation will include geographic, locational, inconvenience, shift pay and the downstate or Mid-Hudson adjustment as may be appropriate to the place or hours worked. Holiday compensatory time credited for time worked on such days shall be calculated at the rate of time and one-half.  The maximum number of hours of holiday compensatory time credited for work on such days is 11.25 for 7.5 hours worked or 12 hours for 8 hours worked.   In no event will an employee be entitled to such additional compensation or holiday compensatory time off unless he/she has been scheduled or directed to work. Pursuant to Article 12, Section 12.1(c) of this Agreement, such compensation for the Christmas holiday in any calendar year where December 25 falls on a Sunday shall only be paid for work on December 25.

7.16 7.15  Lag Payroll

 (a) The “lag payroll” instituted in the 1982-85 Agreement shall remain in effect. When employees leave State service, their final salary check shall be issued at the end of the payroll period next following the payroll period in which their service is discontinued. This final salary check shall be paid at the employee’s then current salary rate.

(b) The salary deferral program instituted by legislative action in 1990, and implemented in 1991, shall remain in effect for all employees. Employees newly added to the payroll shall have five days of salary deferred pursuant to the provision of Chapter 947 of the Laws of 1990, as amended by Chapter 702 of the Laws of 1991.

Employees shall recover monies deferred under this program at the time they leave State service, pursuant to the provisions of Chapter 947 of the Laws of 1990, as amended by Chapter 702 of the Laws of 1991.

7.17 7.16  Overtime Compensation

            Compensation for overtime work will continue to be subject to all applicable statutes, rules and regulations, except that on and after October 1, 1990, all positions in the PS&T Unit allocated or equated to grades 22 and below shall be deemed to be eligible to receive overtime compensation.

7.18 7.17  Hazardous Duty Pay

Effective April 2, 2007, E eligible employees shall be paid a hazardous duty differential of $0.50 $0.75 per hour and effective April 1, 2004, $0.60 per hour, pursuant to the provisions of Civil Service Law Section 130.9.

 

 

 

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