§ 136. Compensation of teachers in state institutions. 1. The term
"teacher", for purposes of this section, means any employee of a state
facility or institution in the office of children and family services in
the executive department and in the departments of corrections and
community supervision, health, mental hygiene and social services
holding a position the principal duty of which is the teaching or
instruction of patients or incarcerated individuals, or the direct
supervision of such teaching or instruction, including an institution
education director, as determined by the department of civil service
subject to approval of the director of the budget.

2. The annual salary of a teacher shall be determined in accordance
with the provisions of this article. Commencing July first, two
thousand, the total salary which a teacher would otherwise be entitled
to receive for any year beginning on July first shall be paid over
either (a) a period of consecutive months beginning with the first day
of the facility's or institution's academic year, as determined by the
employer, and ending with the last day of the facility's or
institution's academic year, as determined by the employer or, in the
case of a teacher in the department of corrections and community
supervision, over a period of ten consecutive months designated by the
commissioner of corrections and community supervision or (b) a period of
twelve months from September first to August thirty-first. Any such
teacher who is required to work in his position or in any other position
allocated to a salary grade in section one hundred thirty of this
chapter in the period of time that is outside the facility's or
institution's academic year, as determined by the employer or, in the
case of a teacher in the department of corrections and community
supervision in the two month period outside of the ten consecutive
months designated by the commissioner of corrections and community
supervision shall receive additional compensation therefor. If such work
is performed in his regular position or title or in a position the title
of which is allocated to the same salary grade as his regular position,
he shall receive additional compensation therefor at the hourly rate of
pay received by him in his regular position. If such work is performed
in a position having a title allocated to a lower salary grade than the
salary grade to which the title of his regular position is allocated, he
shall receive additional compensation therefor at the hourly rate of pay
of the job rate of the grade of the position in which such work is
performed, or at such job rate plus the additional increment or
increments of such grade if he would be entitled to such additional
increment or increments were he then appointed to such position;
provided, however, that when such hourly rate exceeds the hourly rate of
pay received by him in his regular position, his additional compensation
shall be at the hourly rate of pay of his regular position. When such
work is performed in a position allocated to a salary grade higher than
the salary grade to which his regular position is allocated, he shall
receive additional compensation therefor at the hourly rate of pay of
the rate of compensation to which he would be entitled if he were
permanently promoted to the position in which such work is performed.

3. Teachers shall not be subject to the rules governing sick leaves,
vacations, time allowances and other conditions of employment in the
classified service of the state established pursuant to paragraph (c) of
subdivision one of section six of the civil service law. The director of
the office of children and family services, the commissioner of
corrections and community supervision, the commissioner of health, the
commissioner of mental health and the commissioner of social services,
respectively, shall adopt regulations for sick leaves, vacations, time
allowances and other conditions of employment which shall be applicable
to teachers under its or his jurisdiction and, notwithstanding any other
provision of law, such rules may provide for cash payment of the
monetary value of accumulated and unused vacation and time allowances
granted in lieu of overtime compensation standing to the credit of an
employee at the time of his separation from service or his entrance into
the armed forces of the United States for active duty (other than for
training) as defined in title ten of the United States code, whether or
not such entrance constitutes a separation from service, and for the
payment of the monetary value of his accumulated and unused time
allowances granted in lieu of overtime compensation standing to the
credit of an employee at the time of his appointment, promotion or
transfer to another department or agency of the state. Such rules shall
be subject to approval of the state civil service commission.

4. The provisions of this section shall be controlling,
notwithstanding any inconsistent provisions of this chapter or of the
state finance law or of any other law.