§ 132. Reallocations; adjustment of salaries. 1. When any position
allocated to a salary grade in paragraph b of subdivision one of section
one hundred thirty of this article is reallocated on or after April
first, nineteen hundred seventy-nine to a higher salary grade the basic
annual salary of an incumbent of such position on the effective date of
such reallocation shall be determined as follows:

(a) If, immediately prior to the effective date of such reallocation,
the basic annual salary of such incumbent is identical to the hiring
rate, performance advancement rate one, performance advancement rate
two, or job rate of the lower grade from which such position is
reallocated, the incumbent's basic annual salary shall be increased to
the corresponding rate of compensation of the higher grade to which such
position is reallocated.

(b) If, immediately prior to the effective date of such reallocation,
the basic annual salary of such incumbent is less than the job rate, and
not identical to the hiring rate, performance advancement rate one, or
performance advancement rate two of the lower grade from which such
position is reallocated, the incumbent's basic annual salary shall be
increased by an amount equal to the difference between the next higher
rate of compensation of such lower grade and the corresponding rate of
compensation of the higher grade to which such position is reallocated.

(c) If, immediately prior to the effective date of such reallocation,
the basic annual salary of such incumbent exceeds the job rate of the
lower grade from which such position is reallocated, the incumbent's
basic annual salary shall be increased to the job rate of the higher
grade to which such position is reallocated.

(d) In determining the increase to which such incumbent is entitled
under the provisions of paragraphs (a) or (b) or (c) of this subdivision
the amount of such incumbent'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 article shall
not be considered as basic annual salary for the purpose of determining
such 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 annual salary in such higher grade.

(e) The provisions of this subdivision shall apply to temporary and
provisional employees, as well as permanent employees.

2. When a position allocated to a salary grade in section one hundred
thirty of this article is reclassified to a title allocated to a higher
salary grade, and the president finds that such reclassification
represents no substantial change in duties and responsibilities from
those associated with the former title, the incumbent thereof may
continue to serve in such position without further examination, and his
salary in this new title shall be determined in accordance with the
provisions of this article. This subdivision has no application to a
reclassification obtained pursuant to subdivision five of section one
hundred twenty-one of this article.

3. When a position allocated to a salary grade in paragraphs a, c, or
d of subdivision one of section one hundred thirty of this article is
reallocated on or after April first, nineteen hundred seventy-nine or
when a position allocated to a salary grade in paragraph e of
subdivision one of such section is reallocated on or after April first,
nineteen hundred eighty-five to a higher salary grade other than grades
thirty-eight or M-eight, the annual salary of an incumbent shall be
determined in accordance with the provisions of subdivision two of
section one hundred thirty-one of this article; provided, however, that
when a position allocated to a salary grade in paragraph a of
subdivision one of such section one hundred thirty of this article is
reallocated to a higher salary grade on or after April first, nineteen
hundred eighty-six, the annual salary of the incumbent shall not be
increased to more than one thousand five hundred dollars above the job
rate of the higher salary grade; provided further, however, that, when a
position allocated to a salary grade in such paragraph a is reallocated
to a higher salary grade on or after April first, nineteen hundred
eighty-seven, the annual salary of the incumbent shall not be increased
to more than the second longevity step of the salary grade to which the
position is reallocated.

4. Notwithstanding the provisions of subdivision three of this
section, when a position allocated to salary grade M/C 17 or below in
paragraph d of subdivision one of section one hundred thirty of this
article is reallocated to a higher salary grade on or after April first,
nineteen hundred eighty-six, the annual salary of the incumbent shall
not be increased to more than one thousand five hundred dollars above
the job rate of the higher salary grade.

5. Notwithstanding the provisions of this chapter or any other law and
where, and to the extent that, an agreement between the state and an
employee organization entered into pursuant to article fourteen of this
chapter so provides on behalf of employees serving in positions in a
collective negotiating unit represented by such employee organization
and for employees designated managerial or confidential pursuant to such
article of this chapter and civilian state employees in the division of
military and naval affairs whose positions are not in or are excluded
from representation rights in any recognized or certified negotiating
unit, when positions allocated to one of the salary grades included in
section one hundred thirty of this article are reallocated to a lower
salary grade, incumbents of such positions on the effective date of such
reallocations and employees on authorized leave from such positions on
the effective date of such reallocations who subsequently return to such
positions shall be entitled to be paid, and shall have all future salary
computations authorized by this article made, on the basis of the higher
grade from which such positions were reallocated as long as such
officers and employees serve in such position as so reallocated.