§ 121. General provisions relating to classification and
allocation. 1. Effective date of classification and allocation. Any
classification or reclassification of a position and any allocation or
reallocation of a position to a salary grade made by the director of the
classification and compensation division or the state civil service
commission pursuant to the provisions of this article shall become
effective on the first day of the fiscal year following approval by the
director of the budget and the appropriation of funds therefor, except
that the director of the budget may, in his discretion, authorize an
effective date prior to the first day of the ensuing fiscal year.

2. Salary rights and limitations. (a) Notwithstanding the provisions
of paragraph (b) of this subdivision, the annual salary of any position,
compensable on an annual basis, which is classified or reclassified, or
which is allocated or reallocated to a salary grade pursuant to the
provisions of this article shall not be reduced for the then incumbent
by reason of any provision of this article.

(b) When a position is allocated pursuant to the provisions of this
chapter to a salary grade in section one hundred thirty of this chapter,
the incumbent thereof, whether employed on a permanent or temporary
basis, shall be paid in accordance with the provisions of title B of
this article.

(c) No employee whose salary would be increased by such
classification, reclassification, allocation or reallocation shall have
any claim against the state for the difference, if any, between his
former salary and that which he should receive as a result of such
classification, reclassification, allocation or reallocation for the
period prior to the date such change in title or salary grade becomes
effective.

3. Status of employees. No employee whose position is reclassified
shall be promoted, demoted, transferred, suspended or reinstated except
in accordance with the provisions of this chapter.

4. Limitations of use of preferred list. A preferred list established
pursuant to section eighty-one of this chapter shall have no priority
with reference to a new position created by the reclassification of an
existing position pursuant to this article whenever the use of a
preferred list for filling such new position would result in the
suspension of an employee pursuant to the provisions of section eighty
of this chapter.

5. Career ladders. The director of the classification and compensation
division may, in order to implement a plan for the progressive
advancement of employees in an occupational group, based on their
acquiring, as prescribed by such director, of either training or
experience or both, reclassify the positions of the incumbents who meet
the prescribed qualifications to titles allocated to higher salary
grades. The advancement of an incumbent pursuant to this subdivision is
not, and is not to be deemed, a reallocation.