§ 131. Determination of salaries. 1. Rates of compensation. An
employee holding a position allocated to one of the salary grades
included in section one hundred thirty of this chapter shall receive the
hiring rate of the salary grade to which his position is allocated and
may receive periodic performance advancement payments based on periodic
evaluations of work performance in accordance with the terms of
applicable agreements between the state and employee organizations
reached pursuant to article fourteen of this chapter and the rules and
regulations promulgated by the director of the budget. No employee shall
receive an annual salary in excess of the job rate of the salary grade
to which his position is allocated as a result of a performance
advancement payment.

1-a. Appointment above minimum salary in certain cases.
Notwithstanding any other provision of this chapter, with respect to
positions allocated to salary grades in section one hundred thirty of
this chapter the director of the classification and compensation
division, subject to the approval of the director of the budget, may
authorize an increased hiring rate, not to exceed the job rate of the
salary grade of the position to which a person is to be appointed when
the training or experience of such appointee substantially exceeds
requirements necessary for appointment. The salaries of other employees
serving in the same title in the same geographical area or location
having qualifications of training or experience equivalent to those of
the person appointed shall be increased by such amount as may be
necessary to equal the rate of compensation of the person appointed.

2. Appointments and promotions to higher grade positions. (a) If such
an employee is promoted, appointed or otherwise advanced to a position
in a higher salary grade he shall receive a percentage increase in
existing basic salary of one and one-half percent plus one and one-half
percent times the number of grades by which he is so advanced, or he
shall be paid the hiring rate of such higher grade, whichever results in
a higher annual salary. For purposes of determining such increase for
employees promoted, appointed or otherwise advanced to a position in one
of the salary grades with the prefix M as prescribed in paragraph d of
subdivision one of section one hundred thirty of this article, each such
grade with the prefix M shall be deemed to constitute a two grade
advancement.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, an employee holding a position allocated to one of the
salary grades prescribed in paragraph b of subdivision one of section
one hundred thirty of this chapter who is promoted, appointed or
otherwise advanced to a position in a higher salary grade as prescribed
in such paragraph shall receive an increase in salary determined in
accordance with the provisions of paragraph (a) of this subdivision,
provided however that the amount of such employee's basic 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 chapter shall not be considered as basic salary for the purpose of
determining his 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 salary in the higher grade to which he is
promoted, appointed or advanced.

(c) Notwithstanding the provisions of paragraph (a) of this
subdivision, if such employee is promoted, appointed or otherwise
advanced to a position allocated to one of the salary grades with the
prefix M as prescribed in paragraph d of subdivision one of section one
hundred thirty of this chapter he shall receive an increase in salary
determined in accordance with the provisions of paragraph (a) of this
subdivision provided however that the appointing officer shall have the
discretion, with the approval of the director of the classification and
compensation division, to increase such an employee's salary by an
amount not to exceed an additional three percent of the employee's basic
salary in the grade from which appointed, promoted or advanced.

(d) Notwithstanding the provisions of paragraphs (a) and (c) of this
subdivision, if such employee is promoted, appointed, transferred,
reinstated, or otherwise placed in a position allocated to salary grade
M 8 as prescribed in paragraph d of subdivision one of section one
hundred thirty of this chapter he shall receive the hiring rate of that
salary grade or any higher rate authorized by the director of the
budget.

(e) Notwithstanding any inconsistent provision of law, officers and
employees to whom the provisions of paragraph d of subdivision one of
section one hundred thirty of this article apply who are on the payroll
on March thirty-first, nineteen hundred eighty-five, who are promoted,
appointed or otherwise advanced to a position in a higher salary grade
during the period between June sixth, nineteen hundred eighty-five for
the employees on the institutional payroll and June thirteenth, nineteen
hundred eighty-five for employees on the administrative payroll and
March thirty-first, nineteen hundred eighty-six, shall receive the
precentage increase in basic annual salary as provided in this
subdivision or a basic annual salary equal to the hiring rate of such
higher grade which is in effect during that time period plus five
percent, whichever results in a higher annual salary.

(f) Notwithstanding any inconsistent provision of this section,
officers and employees on the payroll on May twenty-third, nineteen
hundred eighty-five in the collective negotiating units designated as
the security services unit and the security supervisors unit established
pursuant to article fourteen of the civil service law, who are promoted,
appointed or otherwise advanced to a position in a higher salary grade
during the period between April twenty-fifth, nineteen hundred
eighty-five for the employees on the institutional payroll and May
second, nineteen hundred eighty-five for employees on the administrative
payroll and March thirty-first, nineteen hundred eighty-six, shall
receive the percentage increase provided in this subdivision or the
performance advancement rate one of such higher salary grade which is in
effect at the time of such promotion, appointment, or advancement
whichever results in a higher annual salary.

(g) Notwithstanding any inconsistent provision of law, officers and
employees to whom paragraph c of subdivision one of section one hundred
thirty of this article apply who are on the payroll on March
thirty-first, nineteen hundred eighty-five, who are promoted, appointed
or otherwise advanced to a position in a higher salary grade during the
period between June sixth, nineteen hundred eighty-five for the
employees on the institution payroll and June thirteenth, nineteen
hundred eighty-five for employees on the administration payroll and
March thirty-first, nineteen hundred eighty-six, shall receive the
percentage increase in basic annual salary as provided in this
subdivision or a basic annual salary equal to the hiring rate of such
higher grade which is in effect during that time period plus five
percent, whichever results in a higher annual salary.

(h) Notwithstanding any inconsistent provision of law, officers and
employees to whom the provisions of paragraph e of subdivision one of
section one hundred thirty of this article apply who are on the payroll
on March thirty-first, nineteen hundred eighty-five, who are promoted,
appointed or otherwise advanced to a position in a higher salary grade
during the period between June thirteenth, nineteen hundred eighty-five
and March thirty-first, nineteen hundred eighty-six, shall receive the
percentage increase in basic annual salary as provided in this
subdivision or a basic annual salary equal to the hiring rate of such
higher grade which is in effect during the time period plus five
percent, whichever results in a higher annual salary.

(i) Notwithstanding any inconsistent provision of law, officers and
employees to whom paragraph c of subdivision one of section one hundred
thirty of this title apply who are promoted, appointed or otherwise
advanced to a position in a higher salary grade shall receive the
percentage increase in basic annual salary as provided in this
subdivision or a basic annual salary equal to the hiring rate of such
higher grade which is in effect at the time of promotion, whichever
results in a higher annual salary. For the purposes of such calculation,
where the terms of an agreement negotiated pursuant to article fourteen
of this chapter so provide, the amount of a performance award paid to
such employee being promoted, appointed or advanced shall be considered
as part of basic annual salary.

(j) Notwithstanding any inconsistent provision of law, officers and
employees to whom paragraphs a and e of subdivision one of section one
hundred thirty of this title apply, who are promoted, appointed or
otherwise advanced to a position in a higher salary shall receive the
percentage increase in basic annual salary as provided in this
subdivision or a basic annual salary equal to the hiring rate of such
higher grade which is in effect at the time of promotion, whichever
results in a higher annual salary. Effective April first, two thousand
twenty, for the purposes of such calculation, where the terms of an
agreement negotiated pursuant to article fourteen of this chapter
applicable to such officers and employees so provide, the amount of
longevity paid to such employee being promoted, appointed or advanced
shall be considered as part of basic annual salary.

3. Appointments, transfers, reinstatements, demotions and
displacements to lower grade positions. (a) If such an employee is
demoted, or displaced to a position in a lower grade pursuant to section
eighty of this chapter, or is appointed, transferred or reinstated to a
position in a lower grade, they shall, upon such demotion, displacement,
appointment, transfer, or reinstatement, receive the rate of
compensation which corresponds with the number of annual increments and
the percentage value of performance advances actually received in the
salary grades from which and to which they are demoted, displaced,
appointed, transferred or reinstated, as the case may be.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, an employee holding a position allocated to one of the
salary grades prescribed in paragraph b of subdivision one of section
one hundred thirty of this chapter who is demoted, displaced, appointed,
transferred, or reinstated to a position in a lower salary grade as
prescribed in such paragraph shall receive the rate of compensation
determined in accordance with the provisions of paragraph (a) of this
subdivision, provided however that the amount of such employee's basic
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 chapter shall not be considered as basic salary
for the purpose of determining his salary in such lower grade and such
amount shall be adjusted to the longevity amount appropriate for such
lower salary grade and added to and become part of his basic salary in
such lower grade to which he is demoted, displaced, appointed,
transferred or reinstated.

(c) Notwithstanding the provisions of this section to the contrary, an
employee holding a position allocated to one of the salary grades
prescribed in paragraph a of subdivision one of section one hundred
thirty of this title may be demoted or reinstated to a position in a
lower salary grade by an arbitrator in an award pursuant to authority
granted in a collectively negotiated agreement. Such arbitrator's award
may place the basic annual salary of the employee demoted or reinstated
to a lower salary grade anywhere within the range of the hiring rate and
the job rate of the lower graded position, provided, however, for
purposes of longevity payments, such employee must serve no less time in
the new position than he or she would have had to serve in the position
from which demoted to be eligible.

4. Appointments, transfers and reinstatements to similar grade
positions. If such an employee is appointed, transferred, or reinstated
to a position in the same salary grade, he shall be paid the same salary
in the new position as he received in his former position.

5. Appointments, promotions, reinstatements, and transfer of employees
occupying non-allocated positions. (a) Employees serving in positions
which are not allocated to one of the salary grades prescribed in
section one hundred thirty of this title, and which are covered by
paragraph d of subdivision one of section one hundred thirty of this
title or where, and to the extent that, an agreement between the state
and a certified employee organization entered into pursuant to article
fourteen of this chapter so provides on behalf of positions in a
collective negotiating unit represented by such employee organization:
(i) an employee in the service of the state or of a public authority
under the civil service jurisdiction of the department who has been
continuously occupying an unallocated position, excluding a seasonal
position as defined by the director of the classification and
compensation division, and who is appointed, promoted, reinstated, or
transferred to a position allocated to one of the salary grades in
section one hundred thirty of this title, the hiring rate of which is
equal to or lower than the annual rate of compensation then received by
such employee, shall, upon such appointment, promotion, reinstatement,
or transfer, be paid either the minimum salary of the grade of such
allocated position plus an amount to be determined by the director of
the classification and compensation division consistent with the
performance advancement system in effect for positions in the salary
grade to which he or she is appointed, promoted, reinstated, or
transferred, or at a rate equal to the salary that he or she was
receiving in his or her former position immediately prior to the date of
such appointment, promotion, reinstatement, or transfer. In this event,
such salary received in the position to which he or she is appointed,
promoted, reinstated, or transferred shall not exceed the salary that he
or she was receiving in his or her former position immediately prior to
the date of such appointment, promotion, reinstatement, or transfer and
shall not exceed the job rate of his or her new position. However, if
such unallocated position has previously been equated to a grade by the
director of the division of the budget which is lower than the allocated
grade of the position to which he or she is being appointed, promoted,
reinstated, or transferred, subparagraph (ii) of this paragraph shall
apply. The director of the classification and compensation division
shall instruct the office of the state comptroller regarding the
application of salary computations performed pursuant to this
subparagraph. In addition, for the purposes of this subparagraph, the
annual rate of compensation of the incumbent of an unallocated position
compensable on an hourly or per diem basis or on any basis other than at
an annual salary rate, shall be deemed to be the compensation which
would have been payable if the services were required on a full time
annual basis for the number of hours per day and days per week
established by law or administrative rule or order; (ii) an employee in
the service of the state or of a public authority under the civil
service jurisdiction of the state department of civil service who has
been continuously occupying an unallocated position, excluding a
seasonal position as defined by the director of the classification and
compensation division, and who is appointed, promoted, reinstated, or
transferred to a position allocated to one of the salary grades is
section one hundred thirty of this title, the hiring rate of which is
greater than the annual rate of compensation then received by such
employee, shall, upon such appointment, promotion, reinstatement, or
transfer, be paid either the minimum salary of the grade of such
allocated position, or shall be provided a salary increase as determined
by the director of the classification and compensation division, not to
exceed the job rate of his or her new position, except in cases where an
employee receives a longevity payment or a contractually negotiated
payment above the job rate. If such unallocated position has previously
been equated to a grade by the director of the division of the budget,
the director of the classification and compensation division shall use
such grade equation in performing such salary increase calculation. For
the purposes of salary increase calculations pursuant to any such
agreement between the state and a certified employee organization, the
director of the classification and compensation division shall,
consistent with such agreement, determine the salary basis to be used by
the office of the state comptroller when performing such calculations.
In addition, for the purposes of this subparagraph, the annual rate of
compensation of the incumbent of an unallocated position compensable on
an hourly or per diem basis or on any other basis other than at an
annual salary rate, shall be deemed to be the compensation which would
have been payable if the services were required on a full time annual
basis for the number of hours per day and days per week established by
law or administrative rule or order.

(b) Employees serving in seasonal positions, as defined by the
director of the classification and compensation division, which are not
allocated to one of the salary grades prescribed in section one hundred
thirty of this title, and which are covered by paragraph d of
subdivision one of section one hundred thirty of this title or where,
and to the extent that, an agreement between the state and a certified
employee organization entered into pursuant to article fourteen of this
chapter so provides on behalf of positions in a collective negotiating
unit represented by such employee organization: (i) an employee in the
service of the state or of a public authority under the civil service
jurisdiction of the department who has been continuously occupying an
unallocated seasonal position on a long term basis as defined by such
agreement and who is appointed, promoted, reinstated, or transferred to
a position allocated to one of the salary grades in section one hundred
thirty of this title, the hiring rate of which is equal to or lower than
the annual rate of compensation then received by such employee, shall,
upon such appointment, promotion, reinstatement, or transfer, be paid at
a rate equal to the salary that he or she was receiving in his or her
former position for the one calendar year prior to the date of such
appointment, promotion, reinstatement, or transfer, not to exceed the
job rate of his or her new position. However, if such unallocated
position has previously been equated to a grade by the director of the
division of the budget which is lower than the allocated grade of the
position to which he or she is being appointed, promoted, reinstated, or
transferred, subparagraph (ii) of this paragraph shall apply. For the
purposes of this subparagraph, the annual rate of compensation of the
incumbent of an unallocated seasonal position compensable on an hourly
or per diem basis or on any other basis other than at an annual salary
rate, shall be deemed to be the compensation which would have been
payable if the services were required on a full time annual basis for
the number of hours per day and days per week established by law or
administrative rule or order; and (ii) an employee in the service of the
state or of a public authority under the civil service jurisdiction of
the state department of civil service who has been continuously
occupying an unallocated seasonal position on a long term basis as
defined by such agreement and who is appointed, promoted, reinstated, or
transferred to a position allocated to one of the salary grades in
section one hundred thirty of this title, the hiring rate of which is
greater than the annual rate of compensation then received by such
employee, shall, upon such appointment, promotion, reinstatement, or
transfer, be paid either the minimum salary of such allocated position,
or shall be provided a salary increase as determined by the director of
the classification and compensation division, not to exceed the job rate
of his or her new position, except in cases where an employee receives a
longevity payment or a contractually negotiated payment above the job
rate. If such unallocated position has previously been equated to a
grade by the director of the division of the budget, the director of the
classification and compensation division shall use such grade equation
in performing such salary increase calculation. For the purposes of
salary increase calculations pursuant to any such agreement between the
state and a certified employee organization, the director of the
classification and compensation division shall, consistent with any such
agreement, determine the salary basis to be used by the office of the
state comptroller when performing such calculations. In addition, for
the purposes of this subparagraph, the annual rate of compensation of
the incumbent of an unallocated seasonal position compensable on an
hourly or per diem basis or on any other basis other than at an annual
salary rate, shall be deemed to be the compensation which would have
been payable if the services were required on a full time annual basis
for the number of hours per day and days per week established by law or
administrative rule or order.

(c) Employees in the service of the state or of a public authority
under the civil service jurisdiction of the state department of civil
service, for which neither paragraph (a) or (b) of this subdivision is
applicable, who have been continuously occupying a position which is not
allocated to one of the salary grades prescribed in section one hundred
thirty of this title and who are appointed, promoted, reinstated, or
transferred to a position allocated to one of the salary grades in such
section, the hiring rate of which is equal to or lower than the annual
rate of compensation then received by such employee, shall, upon such
appointment, promotion, reinstatement, or transfer, be paid the minimum
salary of the grade of such allocated position plus an amount to be
determined by the director of the classification and compensation
division consistent with the performance advancement system in effect
for positions in the salary grade to which he or she is appointed,
promoted, reinstated, or transferred, not to exceed the job rate of his
or her new position. For the purposes of this paragraph, the annual rate
of compensation of the incumbent of an unallocated position compensable
on an hourly or per diem basis or on any other basis other than at an
annual salary rate, shall be deemed to be the compensation which would
have been payable if the services were required on a full time annual
basis for the number of hours per day and days per week established by
law or administrative rule or order.

(d) Notwithstanding the provisions of paragraphs (a) and (c) of this
subdivision, if the position held by an employee of a public authority
under the civil service jurisdiction of the department has been
classified and is allocated to a salary grade corresponding to the grade
prescribed in section one hundred thirty of this title to which
positions having the same title in the service of the state, if any, are
allocated, and if the salary of such employee in such grade has been
determined in accordance with the provisions of this article, the salary
of such employee upon his or her appointment, promotion, reinstatement,
or transfer to an allocated position in the service of the state shall
be determined in the same manner as though he or she had been holding an
allocated position in the service of the state.

(e) Except as otherwise provided in paragraphs (a), (b), (c), and (d)
of this subdivision with respect to employees of certain public
authorities who are transferred to allocated positions in the service of
the state, the salary of any employee of a civil division, public
authority, or other public benefit corporation who, upon the transfer of
functions to the state, is transferred to a position allocated to a
salary grade in section one hundred thirty of this title, and the salary
of any employee of a private institution or enterprise whose employment
is continued in such an allocated position pursuant to section
forty-five of this chapter upon the acquisition by the state of such
institution or enterprise, shall be prescribed by the director of the
budget, within amounts available therefor, at a rate between the hiring
rate of the grade to which such employee's position is allocated and the
job rate of such grade; provided, however, that if the salary received
by such employee immediately prior to such transfer or entry into state
service was an amount greater than the hiring rate of the grade to which
his or her position is allocated and less than the job rate of such
grade, his or her salary as prescribed by the director of the budget
shall not exceed the salary received by him or her immediately prior to
such transfer or entry.

6. Advancement within salary grade. (a) An employee holding a position
allocated to one of the salary grades prescribed in paragraphs a, b, c,
e, f, g, h or i of subdivision one of section one hundred thirty of this
article whose basic annual salary is less than the job rate of such
salary grade may receive periodic performance advancement payments based
on periodic evaluations of work performance in accordance with the terms
of agreements between the state and employee organizations reached
pursuant to article fourteen of this chapter and rules and regulations
promulgated by the director of the budget; provided, however, that in no
event may such a payment result in a basic annual salary in excess of
the job rate of such grade. Such payments shall be part of the
employee's basic annual salary.

(b) Notwithstanding the provisions of paragraph (a) of this
subdivision, the amount of such employee'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
chapter shall not be considered as basic annual salary for the purpose
of determining his eligibility for a performance advancement payment.

(c) An employee holding a position allocated to one of the salary
grades prescribed in paragraph d of subdivision one of section one
hundred thirty of this chapter whose basic annual salary is less than
the job rate of such salary grade may receive periodic performance
advancement payments based on periodic evaluations of work performance
in accordance with rules and regulations promulgated by the director of
the budget; provided, however, that in no event may such a payment
result in a basic annual salary in excess of the job rate of such grade.
Such payments shall be part of the employee's basic annual salary.

7. Temporary and provisional employment. Except as expressly provided
herein, temporary or provisional service shall be treated in the same
manner as permanent service for the purpose of this section.