N.Y. Comp. Codes R. & Regs. tit. 9 § 151.6

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

Section 151.6 - Performance advance payment

(a) Employees with 120 workdays in grade in fiscal year 1980-81 who continue to serve in the same grade shall receive performance advances based on the following:

(1) October 1, 1980 through March 31, 1981:

(i) Employees in grades 23 or below (other than those covered by subdivision [b] of this section) whose performance is summarized as effective or outstanding shall receive a performance advance equal to one third of the salary range for his/her grade on April 1, 1981. Such payment shall be effective at the start of the payroll period closest to July 1, 1981 except that, for 10-month institution teachers and other employees in positions subject to the provisions of section 136 of the Civil Service Law, such payment shall be effective September 1, 1981.

(ii) Employees in grades 24 or above (other than those covered by subdivision [b] of this section) whose performance is summarized as effective shall receive a performance advance which shall not be less than 12.5 percent nor more than 20 percent of the salary range for his/her grade (variable rate payment system for employees rated effective). Such employees in grades 24 and above whose performance is summarized as outstanding shall receive a performance advance which shall not be less than 25 percent nor more than 40 percent of the salary range for his/her grade (variable rate payment system for employees rated outstanding). Such payments shall be based on the April 1, 1981 salary schedule and shall be effective at the start of the payroll period closest to April 1, 1981.

(iii) Evaluators of employees in grades 24 or above must recommend, within the established limits, a specific percentage or dollar amount to be paid to the employee. Such recommendations shall be reviewed and approved by the reviewer before being given to the employee. Dollar amounts are not final until they have been approved by the Director of the Budget.

(2) April 1, 1981 through September 30, 1981:

(i) Employees in grades 23 or below (other than those covered by subdivision [b] of this section) whose performance is summarized as below minimum for the evaluation period ending March 31, 1981 but whose performance is summarized as effective or outstanding for the evaluation period ending September 30, 1981, shall receive a performance advance equal to one third of the salary range for their grades in effect on October 1, 1981. Such payment shall be effective at the start of the payroll period closest to January 1, 1982.

(ii) Employees in grades 23 or below (other than those covered by subdivision [b] of this section) whose performance is summarized as outstanding for the evaluation period ending March 31, 1981, and whose performance is summarized as outstanding for the evaluation period ending September 30, 1981, shall receive a performance advance equal to one third of the salary range for their grades in effect on October 1, 1981. Such payment shall be effective at the start of the payroll period closest to January 1, 1982.

(iii) Employees in grades 24 or above shall receive performance advances consistent with provisions of subparagraph (a)(1)(ii) of this section. Such payment shall be based on the October 1, 1981 salary schedule and shall be effective at the start of the payroll period closest to October 1, 1981.

(b) An annual salaried employee who does not have 120 workdays in grade in fiscal year 1980-81 who is otherwise eligible shall have established evaluation dates which shall be that date on which he/she completed six months of service in grade in regular pay status and the date six months thereafter. The employee's performance shall be evaluated in accordance with the procedures specified in subdivisions (a) and (b) of section 151.4 of this Part. Regardless of grade level, eligible employees covered under this provision shall receive performance advances consistent with provisions of subparagraph (a)(1)(ii) of this section. Performance advances made pursuant to these provisions shall be effective the first day of the payroll period commencing four weeks after the payroll period in which the employee's performance evaluation is due.

(c) Ten-month institution teachers and other employees in positions subject to the provisions of section 136 of the Civil Service Law who are otherwise eligible but did not complete 120 workdays of service in grade during fiscal year 1980-81 shall be evaluated and receive performance advances based on a 10- month work year. Employees whose work year is September 1 - June 30 shall have fixed evaluation periods of September 1 - January 31 and February 1 - June 30. Employees whose work year is a 10-month period other than September 1 -June 30 shall have fixed five-month evaluation periods beginning with the first day of their work year and the first day after the midpoint of their work year. Such employees shall be evaluated pursuant to the provisions of subdivisions (a) and (b) of section 151.4 of this Part. Such employees shall become eligible for performance advances upon completion of each evaluation period during which they were in regular pay status for at least 100 workdays. Regardless of grade level, employees covered by this provision shall receive performance advances consistent with provisions of subparagraph (a)(1)(ii) of this section. Institution teachers and other employees in positions subject to the provisions of section 136 of the Civil Service Law, who completed 120 days in grade in fiscal year 1980-81, shall, subsequent to the April 1, 1981 - September 30, 1981 evaluation period, be evaluated on a 10-month work-year basis consistent with the above procedures as specified in this section for such employees who have not completed 120 days in grade in FY 1980-81. The procedures shall take effect for such employees with the first evaluation period commencing after October 1, 1981. For employees whose work year is September 1 - June 30, performance advances made pursuant to this Part shall be effective on September 1 and on the first day of the pay period beginning on or after February 1. For employees whose work year is a 10-month period other than September 1 - June 30, performance advances made pursuant to these provisions shall be effective on dates determined by the Director of the Budget.

(d) Employees whose performance is summarized as below minimumshall not receive a performance advance. In no case may a performance advance result in a basic annual salary above the job rate for the employee's position. Only that portion of the performance advance which would bring the employee's salary up to the job rate shall be paid. In no case shall an employee receive an additional performance advance within six months of having received a performance advance or a performance advancement payment pursuant to these rules or Parts 147 through 150 of this Title. This provision shall not apply to increases resulting from recomputed promotion salaries made pursuant to such rules. Eligible part-time employees shall be paid on a prorated basis depending on the fractional equivalent of the time worked during each payroll period.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 151.6