§ 37. Salary plan for non-judicial employees. 1. Salary schedules for
nonjudicial officers and employees allocated to salary grades;
promulgation; placement thereon. (a) The chief administrator of the
courts shall promulgate salary schedules for state-paid positions in the
unified court system, allocated to salary grades, in accordance with
law.

(b) This paragraph shall apply to each nonjudicial officer or employee
of the unified court system in a position allocated to a salary grade
and paid pursuant to a salary schedule, who moves to another position
allocated to the same salary grade, provided (i) his or her former
position is in a collective negotiating unit established pursuant to
article fourteen of the civil service law and his or her new position is
in another collective negotiating unit or not in any such unit, or (ii)
his or her former position is not in a collective negotiating unit and
his or her new position is in such a unit. Each such nonjudicial officer
or employee shall receive a basic annual salary upon such movement, to
be determined as follows:

(1) Where his or her new position is paid pursuant to the same salary
schedule as his or her former position, such nonjudicial officer or
employee shall be paid the same basic annual salary in his or her new
position as he or she received in his or her former position.

(2) Where his or her new position is paid pursuant to a salary
schedule ("new salary schedule"), which is different from the salary
schedule pursuant to which he or she was paid in his or her former
position ("former salary schedule"), he or she shall be placed on such
new salary schedule and paid a basic annual salary on such new salary
schedule which shall equal a rate that represents the same proportion of
the maximum salary of his or her grade on the new salary schedule, as
his or her basic annual salary under the former salary schedule
represented of the maximum salary of his or her grade on such former
salary schedule.

2. All state-paid positions in the competitive, non-competitive and
labor classes in the unified court system shall be allocated to a salary
grade by the administrative board of the judicial conference and shall
be paid in accordance with this section. In the discretion of the
administrative board any or all state-paid exempt class positions may
also be so paid, within the appropriation available therefor.

3. Additional increment. Notwithstanding any inconsistent provision of
this chapter, when an employee holding a position allocated to a salary
grade prescribed in subdivision one of this section has reached, on or
after April first, nineteen hundred ninety-nine, a salary equal to or in
excess of the maximum salary of the grade of his or her position and
thereafter has rendered continuous service in such position, or in a
position in the same salary grade, he or she shall be entitled, on the
first day of the fiscal year following completion of four years of such
service, to an additional increment of the grade to which his or her
position is allocated, and following completion of eight years of such
service, to a second additional increment of such grade. The salary of
such employee shall not be increased, pursuant to the provisions of this
subdivision, to an amount in excess of the maximum salary of the grade
of his or her position plus one additional increment of such grade or,
upon qualifying for such second additional increment, to an amount in
excess of the maximum salary of the grade of his or her position plus
two additional increments of such grade.

For the purposes of this subdivision: (a) an employee who has reached
a salary equal to or in excess of the maximum salary of the grade of his
position and whose position, on or after April first, nineteen hundred
seventy-two is reallocated to a higher salary grade shall be deemed to
have had continuous service at the maximum salary of the grade of his
position, notwithstanding the fact that, as a result of such
reallocation, he is not receiving the maximum salary of the higher
salary grade to which his position is reallocated;

(b) an employee who has not reached the maximum salary of the grade of
his position and whose position, on or after April first, nineteen
hundred seventy-two is reallocated to a higher salary grade shall be
deemed to have reached the maximum salary of the grade of his position
on the date on which he would otherwise have reached the maximum salary
of the grade from which his position was reallocated;

(c) when a position, on or after April first, nineteen hundred
seventy-two, is reclassified to a title allocated to a higher salary
grade, with no substantial change in duties and responsibilities from
those associated with the former title, the incumbent's eligibility for
additional increments authorized by this subdivision shall be determined
as though his position had been reallocated to such higher salary grade;
such employee shall not be deemed to be appointed or promoted to a
position in a higher grade for purposes of determining his salary
therein;

(d) when an employee is appointed or promoted to a position in a
higher salary grade or, in a case not subject to the provisions of
paragraph (c) of this subdivision, when a position is reclassified to a
title allocated to a higher salary grade and the incumbent thereof is
appointed or promoted to such reclassified title, his or her eligibility
for additional increments authorized by this subdivision shall be
determined on the basis of his or her service after the date of such
appointment or promotion, except that, notwithstanding the other
provisions of this subdivision, where his or her salary upon appointment
or promotion is equal to or greater than the maximum salary of the grade
of his or her position plus one additional increment of such grade but
less than such maximum salary plus two additional increments of such
grade, he or she shall be eligible for an additional increment in
accordance with the provisions of this subdivision upon completion of
four years of continuous service in such position following appointment
or promotion;

(e) an employee who has been on a preferred list pursuant to the rules
of the administrative board of the judicial conference or section two
hundred forty-three of the military law, or has been on leave of
absence, or who has resigned, and who has been reinstated to his
position or a similar position, shall be deemed to have continuous
service; provided, however, that such employee shall be credited with
service in his position only in a fiscal year for which he would
otherwise be entitled to receive an increment in such position if he
were not receiving a salary equal to or in excess of the maximum salary
of the grade of his position;

(f) an employee shall not be credited with service in his position in
any fiscal year where such service was unsatisfactory or insufficient to
render him eligible for an annual increment if he were not receiving a
salary equal to or in excess of the maximum salary of the grade of his
position, but the failure to receive credit for such year shall not
constitute an interruption of his continuous service;

(g) when an employee is appointed, demoted or reinstated from a higher
grade position to a lower grade position, he shall receive credit toward
eligibility for additional increments in the lower grade position for
his years of service in the higher grade position as though such service
had been rendered in the lower grade positions.

4. Annual increments; determination of salaries. (a) Rates of
compensation. An employee holding a position allocated to one of the
salary grades included in subdivision one of this section shall receive
the minimum salary of the salary grade to which his position is
allocated, plus the number of increments which corresponds with the
number of his years in service in such position, unless his services
during the year immediately preceding shall have been found to be
unsatisfactory. No employee shall receive an increment which would
result in his receiving an annual salary in excess of the maximum of the
salary grade to which his position is allocated or of the amount to
which he may be entitled pursuant to subdivision one of this act.

(b) Appointment above minimum salary in certain cases. Notwithstanding
any other provision of this chapter, with respect to positions allocated
to salary grades in subdivision one of this section, if the annual
salary of an employee subject to the provisions of this section who has
rendered twenty-six bi-weekly periods of service during the period from
April first, nineteen hundred seventy through March thirty-first,
nineteen hundred seventy-two is less than six thousand dollars per year,
such employee in lieu of such annual salary shall receive an annual
salary of six thousand dollars.

(c) Notwithstanding any other provision of this chapter no employee
whose salary is below the minimum of the salary grade to which his
position is allocated shall receive more than two increments in the
fiscal year beginning April first, nineteen hundred seventy-three.

5. Appointments and promotions to higher grade positions. (a) If an
employee is appointed or promoted to a position in a higher grade, he
shall receive an increase in salary, upon such appointment or promotion,
which is equivalent to the full increment payable in the position to
which he is appointed or promoted, or he shall be paid the minimum
salary of the grade of the position to which he is appointed or
promoted, whichever results in a higher annual salary.

(b) Upon the reallocation of a position to a higher salary grade, the
salary of any employee previously appointed or promoted from such
position to another position in a higher grade shall not be less than
the salary which he would otherwise be entitled to receive if such
promotion occurred immediately following such reallocation.

(c) For the purpose of computing future increments such employee shall
be credited with the number of years of service in the higher grade
position to which he is appointed or promoted which corresponds with his
resulting rate of compensation as determined pursuant to this
subdivision.

6. Appointments, transfers, reinstatements, demotions and
displacements to lower grade positions. If an employee is demoted or
displaced to a position in a lower grade, or is appointed, transferred
or reinstated to a position in a lower grade, he shall, upon such
demotion, appointment, displacement, transfer, or reinstatement, receive
the rate of compensation which corresponds with the total number of his
years of service in the positions from which and to which he is demoted,
displaced, appointed, transferred or reinstated, as the case may be,
and, for the purpose of computing future increments, he shall be
credited with the number of years of service in such position which
corresponds with such rate of compensation. If an employee is demoted to
a position in a lower grade, he shall, upon such demotion, be paid the
salary in such lower grade which corresponds with the number of his
years of service in the grade from which he was demoted, or, in the
discretion of the administrative board of the judicial conference, he
may be paid a higher rate of compensation, not exceeding the maximum of
the grade to which such position is allocated, and not exceeding the
rate of compensation received prior to such demotion, and, for the
purpose of computing future increments, he shall be credited with the
number of years of service in such position which corresponds with such
rate of compensation.

7. Appointment, transfers and reinstatements to similar grade
positions. If an employee is transferred to a similar position, or is
appointed or reinstated to a position in the same salary grade, he shall
be paid the same salary in such new position as he received in his
former position, except that, in the case of a transfer, if such salary
does not correspond with the schedule established for the new position,
he shall be paid the rate of compensation for the new position which
most nearly corresponds with the salary he is then receiving. An
employee so appointed, transferred or reinstated shall be eligible to
receive the increments in the schedule established for the new position
based upon the number of his years of service in the new position and in
his former position.

8. Appointments, promotions, reinstatements, and transfer of employees
occupying non-allocated positions. An employee who has been continuously
occupying a position which is not allocated to one of the salary grades
described in subdivision one of this section and who is appointed,
promoted, reinstated, or transferred to a position allocated to one of
the salary grades in such subdivision the minimum salary 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
positions plus the number of increments which corresponds to the number
of years of his service in his former unallocated position or positions
during which he received a salary equal to or in excess of the minimum
salary of the position to which he is appointed, promoted, reinstated or
transferred, not to exceed the salary that he was receiving in his
former position immediately prior to the date of such appointment,
promotion, reinstatement or transfer, and not to exceed the maximum
salary of his new position.

For the purpose of computing future increments, he shall be credited
with the number of years of service in such new position which
corresponds with such rate of compensation. For the purposes of this
subdivision, 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.

8-a. Allocation of non-allocated positions. (a) When a non-allocated
position is allocated to one of the salary grades described in
subdivision one of this section, the annual salary of the incumbent
thereof shall be determined in accordance with this subdivision.

(b) Notwithstanding the provisions of paragraph (c) of this
subdivision, the annual salary of any non-allocated position,
compensable on an annual basis, shall not, upon allocation to a salary
grade, be reduced for the then permanent incumbent by reason of any
provision of this section so long as such position is held by the then
permanent incumbent.

(c) When a non-allocated position is allocated to one of the salary
grades described in subdivision one of this section, the incumbent
thereof, whether employed on a permanent or temporary basis, shall be
paid the minimum salary of the salary grade to which such position is
allocated, plus the number of increments which corresponds with the
number of his years of service in such position; provided, however, that
such incumbent shall not receive an annual salary in excess of the
maximum salary of the grade to which his position is allocated or the
amount to which he may be entitled pursuant to subdivision three of this
section, as the case may be.

(d) No employee whose salary would be increased by such allocation
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 allocation for the period prior to the date such allocation
became effective.

9. Accrual of increments. Annual increments shall take effect on the
first day of each fiscal year, subject, however, to the provisions of
section forty-four of the state finance law. An employee who has served
the equivalent of at least twelve complete payroll periods of actual
service during the fiscal year in his position shall be eligible to
receive an increment in such position on the first day of the next
succeeding fiscal year; provided, however, that an employee appointed or
promoted at any time during the fiscal year, who received an increase in
salary upon such appointment or promotion which was less than two full
increments of the grade of the position to which he was appointed or
promoted shall be eligible to receive in such position on the first day
of the next succeeding fiscal year the difference between two full
increments of the grade of such position and the increase in salary
which he received upon such appointment or promotion, notwithstanding
the fact that he has less than the equivalent of twelve complete payroll
periods of actual service in such position during the fiscal year.
Notwithstanding the provisions of this section, where an employee
receiving the maximum salary or the maximum salary plus the first
additional increment, as the case may be, of the grade of his position
is appointed or promoted to a position in the next higher salary grade,
his salary on the first day of the fiscal year on which he would
otherwise be entitled to the first additional increment of the grade of
his former position, if he had been receiving the maximum salary in his
former position at the time of such appointment or promotion, or on the
first day of the fiscal year on which he would otherwise be entitled to
the second additional increment of the grade of his former position, if
he had been receiving the maximum salary plus the first additional
increment in his former position at the time of such appointment or
promotion, shall not be less than the salary to which he would be
entitled if such appointment or promotion occurred on such first day of
the fiscal year.

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

11. Reallocations; adjustment of salaries. When any position allocated
to a salary grade in subdivision one of this section is reallocated on
or after April first, nineteen hundred seventy-two to a higher salary
grade other than grade thirty-eight, the annual salary of a then
incumbent on the effective date of such reallocation shall be determined
as follows:

(a) If, on the effective date of such reallocation, the annual salary
of such incumbent would otherwise, if such reallocation did not occur,
be identical with the hiring, first, second, third, fourth, fifth, sixth
or seventh year rate of compensation of the lower grade from which such
position is reallocated, or a rate of compensation equal to one or two
additional increments above the maximum salary of such lower grade, his
or her annual salary shall be increased to the corresponding rate of
compensation of the higher grade to which such position is reallocated.

(b) If, on the effective date of such reallocation, the annual salary
of such incumbent would otherwise, if such reallocation did not occur,
be less than the rate of compensation equal to two additional increments
above the maximum salary of the lower grade from which such position is
reallocated, and not identical with the hiring, first, second, third,
fourth, fifth, sixth or seventh year rate of compensation of such lower
grade or with the rate of compensation equal to one additional increment
above the maximum salary of such lower grade, his or her annual salary
shall be the salary he or she would otherwise receive on the date of
such reallocation in such lower grade if such reallocation did not occur
plus 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, on the effective date of such reallocation, the annual salary,
of such incumbent would otherwise, if such reallocation did not occur,
exceed the rate of compensation equal to two additional increments above
the maximum salary of the lower grade from which such position is
reallocated, his annual salary shall be the annual salary he would
otherwise receive if such reallocation did not occur plus the difference
between such rate of compensation and the corresponding rate of
compensation of the higher grade to which his position is reallocated,
but his salary shall not be increased to an amount in excess of the
maximum salary of the grade to which his position is reallocated plus
two additional increments of such grade.

If an employee has been appointed or promoted from one position
allocated to a salary grade in subdivision one of this section to
another position allocated to a higher salary grade and his former
position, on or after April first, nineteen hundred seventy-two, and
within two years after such appointment or promotion, is reallocated to
a higher salary grade, the salary of such employee in the second
position on the effective date of such reallocation shall not be less
than the salary which he would otherwise be entitled to receive on such
date had such appointment or promotion occurred on such date.

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

When a position allocated to a salary grade in subdivision one of this
section is reclassified to a title allocated to a higher salary grade,
and 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 his new title shall be determined in
accordance with the provisions of this subsection.

12. Status of employees upon transfer of functions. The salary of any
employee of a civil division, public authority or other public benefit
corporation who upon transfer of his functions to the state, is
transferred to a position in the unified court system which is allocated
to a salary grade, and the salary of any employee of a private
institution or enterprise, whose employment is continued in an allocated
position pursuant to law upon the acquisition by the unified court
system of such institution or enterprise, shall be prescribed by the
chief administrator of the courts within amounts available therefor, at
a rate between the minimum salary of the grade to which the employee's
position is allocated and the maximum salary of such grade plus two
additional increments; provided, however, that if the salary received by
such employee immediately prior to such transfer or entry into service
with the unified court system was an amount greater than the minimum
salary of the grade to which his position is allocated and less than the
maximum salary of such grade plus two additional increments of such
grade, his salary as prescribed by the chief administrator shall not
exceed the salary received by him immediately prior to such transfer or
entry. For the purpose of computing future increments, such employee
shall be credited with the number of years of service in such position
which corresponds with his salary as determined pursuant to this
subdivision.