N.Y. Comp. Codes R. & Regs. tit. 9 § 149.5

Current through Register Vol. 46, No. 43, October 23, 2024

Section 149.5 - Performance advancement payments

(a) Only employees whose basic annual salary, exclusive of any longevity payment, is less than the job rate, who have been in their salary grade for the equivalent of 10 full payroll periods (100 workdays) during the preceding fiscal year and who have received a final performance rating of outstanding, excellent, good or needs improvement, shall receive a performance advancement payment. The payment of initial performance advancements to employees who were advancement-eligible on April 1, 1980, by virtue of having been in their salary grade for the equivalent of 10 full payroll periods (100 workdays) during fiscal year 1979-80, shall be payable retroactive to that payroll period the first day of which is nearest April 1, 1980. For all employees for the remainder of the negotiated agreement, performance advancement payments shall be effective at the beginning of that payroll period the first day of which is nearest April first, or at the beginning of the earlier of two payroll periods, the first days of which are nearest but equally near April first.

(b) Advancement-eligible employees who received a final rating of unsatisfactory will have the salary advancement withheld for one year. Advancement payments may not be withheld more than once while the employee is in a particular salary grade.

(c) In no case may an employee's salary exceed the job rate of the salary grade by virtue of a performance advancement payment. However, that portion of the advancement which would bring the employee's salary up to the job rate shall be paid as an advancement.

(d) Part-time employees who are eligible for a performance advancement will be paid on a pro rata basis proportionate to the fractional equivalent of the time being worked.

(e) Special provisions for employees who have changed salary grades.

(1) Service in a higher grade by employees who are appointed or demoted to a lower salary grade is creditable towards the service requirement as specified in subdivision (a) of this section, in the lower grade.

(2) Service in a lower grade in a position which has been reallocated is creditable toward the service requirement in the grade to which the position has been reallocated for any performance advancement due on or after April 1, 1980.

(3) Employees who are eligible for a performance advancement in a lower grade who, on or after April 1, 1979, are promoted or appointed to a higher grade before receiving their next advancement in the lower grade and who have not received a performance advancement in the higher grade are entitled to a reconstructed promotion salary reflecting the performance advancement which they would have received in the lower grade. Such reconstructed promotion salary shall be effective on the date that the performance advancement would have been paid in the lower grade.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 149.5