N.Y. Comp. Codes R. & Regs. tit. 9 § 151.11

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

Section 151.11 - Performance awards

(a) 1983-84. Employees who as of March 31, 1984 have completed five years or more of full-time service at an annual salary rate equal to or higher than the job rate of their salary grades, and whose summary performance evaluations for the two evaluation periods ending in the 1983-84 fiscal year were effective or higher, shall be eligible to receive a performance award. Such performance award shall be a lump-sum nonrecurring payment in the amount of $1,000 paid during the month of April 1984.

(b) 1984-85. Employees who as of March 31, 1985 have completed five years or more of full-time service at an annual salary rate equal to or higher than the job rate of their salary grades, and whose summary performance evaluations for the two evaluation periods ending in the 1984-85 fiscal year were effective or higher, shall be eligible to receive a performance award. Such performance award shall be a lump-sum, nonrecurring payment in the amount of $1,000 paid during the month of April 1985.

(c) 1985-86.

(1) Employees who as of March 31, 1986, have completed five years or more of continuous service at an annual salary rate equal to or higher than the job rate of their salary grades, and whose summary performance evaluation received during calendar year 1985 was higher than below minimum or the equivalent, shall receive a five-year performance award. Such performance award shall be a lump-sum nonrecurring payment in the amount of $1,000 paid during the month of April 1986.

(2) Employees who as of March 31, 1986, have completed 10 years or more of continuous service at an annual salary rate equal to or higher than the job rate of their salary grades, and whose summary performance evaluation received during calendar year 1985 was higher than below minimum or the equivalent, shall receive both a five-year performance award and 10-year performance award. Such 10-year performance award shall be a lump-sum, nonrecurring payment in the amount of $1,000 paid during the month of April 1986, and shall be in addition to the five-year performance award to which the employee is entitled.

(d) 1986-87.

(1) Employees who as of March 31, 1987, have completed five years or more of continuous service at an annual salary rate equal to or higher than the job rate of their salary grades, and whose summary performance evaluation received during calendar year 1986 was higher than below minimum or the equivalent, shall receive a five-year performance award. Such performance award shall be a lump-sum, nonrecurring payment in the amount of $1,250, paid during the month of April 1987.

(2) Employees who as of March 31, 1987, have completed 10 years or more of continuous service at an annual salary rate equal to or higher than the job rate of their salary grades, and whose summary performance evaluation received during calendar year 1986 was higher than below minimum or the equivalent, shall receive both a five-year performance award and a 10-year performance award. Such 10-year performance award shall be a lump-sum, nonrecurring payment in the amount of $1,250, paid during the month of April 1987, and shall be in addition to the five-year performance award to which the employee is entitled.

(e) 1987-88.

(1) Employees who as of March 31, 1988 have completed five years or more of continuous service at an annual salary rate equal to or higher than the job rate of their salary grades, and whose summary performance evaluation received during calendar year 1987 was higher than below minimum or the equivalent, shall receive a five-year performance award. Such performance award shall be a lump-sum, nonrecurring payment in the amount of $1,250, paid during the month of April 1988.

(2) Employees who as of March 31, 1988, have completed 10 years or more of continuous service at an annual salary rate equal to or higher than the job rate of their salary grades, and whose summary performance evaluation received during calendar year 1987 was higher than below minimum or the equivalent, shall receive both a five year performance award and a 10-year performance award. Such 10-year performance award shall be a lump-sum, nonrecurring payment in the amount of $1,250, paid during the month of April 1988, and shall be in addition to the five-year performance award to which the employee is entitled.

(f) 1988-89.

(1) Employees who as of March 31, 1989 have completed five years or more of continuous service at an annual salary rate equal to or higher than the job rate of their salary grades, and whose summary performance evaluation received during calendar year 1988 was higher than below minimum or the equivalent, shall receive a five year performance award. Such performance award shall be a lump-sum, nonrecurring payment in the amount of $1,250 paid during the month of April, 1989.

(2) Employees who as of March 31, 1989, have completed 10 years or more of continuous service at an annual salary rate equal to or higher than the job rate of their salary grades, and whose summary performance evaluation received during calendar year 1988 was higher than below minimum or the equivalent, shall receive both a five year performance ward and a 10 year performance award. Such 10 year performance award shall be a lump-sum, nonrecurring payment in the amount of $1,250 paid during the month of April, 1989 and shall be in addition to the five year performance award to which the employee is entitled.

(g) 1989-90.

(1) Employees who as of March 31, 1990 have completed five years or more of continuous service at an annual salary rate equal to or higher than the job rate of their salary grades, and whose summary performance evaluation received during calendar year 1989 was higher than below minimum or the equivalent, shall receive a five year performance award. Such performance award shall be a lump-sum, nonrecurring payment in the amount of $1,250 paid during the month of April, 1990.

(2) Employees who as of March 31, 1990, have completed 10 years or more of continuous service at an annual salary rate equal to or higher than the job rate of their salary grades, and whose summary performance evaluation received during calendar year 1989 was higher than below minimum or the equivalent, shall receive both a five year performance award and a 10 year performance award. Such 10 year performance award shall be a lump-sum, nonrecurring payment in the amount of $1,250 paid during the month of April, 1990 and shall be in addition to the five year performance award to which the employee is entitled.

(h) 1990-91.

(1) Employees who as of March 31, 1991 have completed five years or more of continuous service at an annual salary rate equal to or higher than the job rate of their salary grades, and whose summary performance evaluation received during calendar year 1990 was higher than below minimum or the equivalent, shall receive a five year performance award. Such performance award shall be a lump-sum, nonrecurring payment in the amount of $1,250 paid during the month of April, 1991.

(2) Employees who as of March 31, 1991, have completed 10 years or more of continuous service at an annual salary rate equal to or higher than the job rate of their salary grades, and whose summary performance evaluation received during calendar year 1990 was higher than below minimum or the equivalent, shall receive both a five year performance award and a 10 year performance award. Such 10 year performance award shall be a lump-sum, nonrecurring payment in the amount of $1,250 paid during the month of April, 1991 and shall be in addition to the five year performance award to which the employee is entitled.

(i) Employees otherwise eligible to receive payment of performance awards who, on March 31st eligibility date, are on authorized leave of absence without pay (preferred list, military leave, workers' compensation leave, or approved leave of absence) shall, if they return to active payroll status within one year of the March 31st eligibility date, be eligible for such payment in full if in full-time status immediately prior to such leave or shall be eligible for a pro rata share of such payment if in part-time employment status immediately prior to such leave.

(j) Employees who on March 31, 1980, March 31, 1981, March 31, 1986, and/or March 31, 1987 are at the job rate of their grades, and who temporarily drop below the job rate as a result of the April 1, 1980, April 1, 1981, April 1, 1986 and/or April 1, 1987 flat-dollar increases to the job rates and who return to the job rate as a result of a performance advance on the first date after April 1, 1980, April 1, 1981, April 1, 1986 and/or April 1, 1987 on which such employee is eligible to receive payment of a performance advance, shall be considered to have been paid at an annual salary rate equal to or above the job rate for their grade for the period between April 1st through the date they were adjusted to the job rate for their grade as a result of a performance advance for determining fulfillment of the service requirement for a performance award.

(k) Employees who were serving at an annual salary rate equal to or higher than the job rate of their salary grade as of July 1, 1979 and/or July 1, 1980, and who were in full or part-time status for the period April 1st through June 30, 1979, and/or April 1st through June 30, 1980, shall be considered to have been paid at an annual salary rate equal to or above the job rate for their grade for that period in determining fulfillment of the service requirement for a performance award.

(l) Employees who receive a performance advance in the amount of one-fifth of the difference between the hiring rate and the job rate of their grade, and who receive such performance advance as a result of a performance evaluation for a twelve-month evaluation period that ends on or after October 1, 1988 and before October 1, 1989, and who would have had their salary increased to the job rate of their grade if on that date they had received a performance advance equal to one-fourth of the difference between the hiring rate and the job rate of their grade, shall, solely for the purpose of determining eligibility for performance awards in future years, be considered to have been paid at the job rate from the date of such performance advance until the date of their next performance advance; except that this provision shall not apply to employees who during such period move to a position in a higher salary grade, have a break in continuous service, or receive a performance evaluation that would disqualify them from a performance advance.

(m) Reallocations. Employees who were serving at an annual salary rate equal to or in excess of the job rate of the salary grade for their position, whose position is reallocated to a higher salary grade, shall be entitled to have service at the job rate of the lower salary grade deemed to be service at the job rate of the higher salary grade and considered as eligible service in determining fulfillment of the service requirement for a performance award, provided that the actual annual salary rate of such employees is equal to or in excess of the job rate on March 31, 1984, March 31, 1985, March 31, 1986, March 31, 1987 or March 31, 1988, March 31, 1989, March 31, 1990, or March 31, 1991, as appropriate.

(n) Employees who were serving at an annual salary rate equal to or in excess of the job rate of their grade, and who are appointed or promoted to a position in an equivalent or higher grade, and who, upon such appointment or promotion, receive an annual salary rate equal to or in excess of the job rate of the new grade, shall receive credit for service in both positions during which they received salaries equal to or in excess of the job rate in detemining eligibility for a performance award.

(o) Employees who were serving at an annual salary rate equal to or in excess of the job rate of grade 17 as a pharmacist or pharmacist I and who have been advanced to pharmacist II, grade 18, shall, solely for the purpose of determining eligibility for a performance award, be entitled to have such service in grade 17 considered as eligible service in determining fulfillment of the service requirement for a performance award, provided that the actual annual salary rate of such employees is equal to or in excess of the grade 18 job rate on the March 31st eligibility date for such award.

(p) Institution teachers.

(1) Employees who were serving at an annual salary rate equal to or in excess of the job rate of the salary grade of the institution teacher position and whose annual salary rate was subsequently less than the job rate of the developmental specialist position as a result of the mechanics of salary computation upon reclassification of the institution teacher position to the developmental specialist position, shall, solely for the purposes of determining eligibility for a performance award, be entitled to have service at such lower salary rate in the reclassified position considered as eligible service in determining fulfillment of the service requirement for a performance award, provided that the actual annual salary rate of such employees is equal to or in excess of the job rate of the salary grade of their position on the March 31st eligibility date for such award.

(2) For employees in positions in the title of institution teacher and other positions subject to the provisions of section 136 of the Civil Service Law, completion of a full school year (10 months) of service at an annual salary rate equal to or in excess of the job rate of their grade shall, solely for the purposes of determining eligibility for performance awards in accordance with the provisions of this section, be considered to constitute completion of one year of service at an annual salary rate equal to or in excess of the job rate.

(q) Employees otherwise eligible to receive payment of performance awards who, on the March 31st eligibility date, are serving in a higher salary grade shall, if they return to their former, lower salary grade within one year of the March 31st eligibility date, be eligible for such payment if they remain in the lower grade position for at least six pay periods and:

(1) service in the higher grade was temporary and the employee was reinstated or appointed to the lower grade; or

(2) service in the higher grade was permanent, and return to the lower grade occurred:

(i) in lieu of layoff;

(ii) voluntarily during the probationary period; or

(iii) as a result of failing probation.

Employees who return to the lower grade as a result of disciplinary action, or voluntarily after completion of the probationary period, or who have received a performance award or longevity salary increase in the higher salary grade during the fiscal year are not eligible for an award in the lower salary grade.

(r) Awards payable pursuant to this section shall apply on a prorated basis to employees otherwise eligible to receive such awards who are paid on a part-time basis.

(s) Employees who serve in unallocated positions equated to salary grades, and who have served for the required number of years at a rate equivalent to or higher than the job rate of the grade to which the employee's position is equated, shall be eligible for performance awards in accordance with this section, provided they meet all other applicable criteria.

(t) Waiving of rules and regulations. The specific provisions and limitations contained in this Part may be waived pursuant to provisions of law by the Director of the Budget whenever he determines that strict adherence to the rules would be detrimental to the sound and orderly administration of State government.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 151.11