New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle C - Division of the Budget
Part 148 - Performance Advancement Payments And Performance Award Payments For Employees In The Administrative Services, Institutional Services, And Operational Services Negotiating Units
Section 148.4 - Performance advances
Universal Citation: 9 NY Comp Codes Rules and Regs ยง 148.4
Current through Register Vol. 46, No. 12, March 20, 2024
(a) Eligibility and effective date of payments.
(1) Only employees whose basic annual salary
is less than the job rate and whose performance has been rated Effective or
Outstanding during the preceding six-month evaluation period shall be eligible
to receive performance advances. Employees eligible for a performance
advancement who receive a final rating of Effectivewill receive an advancement
once a year.
(2)
Advancement-eligible employees who are assigned a final rating of Effective or
Outstanding will receive a performance advancement payable effective the
payroll period commencing four weeks after the payroll period in which the
employee's performance evaluation is due.
(3) The rating of advancement-eligible
employees rated Outstanding at the end of six months will be considered as a
final rating and will begin a new 12- month rating cycle. Such employees will
receive an advancement payable effective the payroll period commencing four
weeks after the payroll period in which the employee's performance evaluation
is due.
(4) Advancement-eligible
employees who receive a final rating of Unsatisfactory will have the salary
advancement withheld for one year unless the next six-month rating is
Outstanding.
(5) Part-time
employees who are eligible for a performance advancement will be paid on a
prorated basis depending on the fractional equivalent of the time worked during
each pay period.
(6) 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 advance which
would bring the employee's salary up to the job rate shall be paid as an
advance.
(b) Special provisions for employees who have changed salary grades.
(1) Service in a higher salary grade by
employees who are appointed or demoted to a lower salary grade is creditable
toward the service in grade requirement for a performance advancement in the
lower salary 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 payment due on or after July 1, 1979.
(3) Employees who are eligible for a
performance advancement in a lower salary grade, but are promoted or appointed
to a higher salary grade before receiving their next advancement in the lower
grade and who have not received an 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; provided,
however, that such effective date may not be earlier than 12 months from the
employee's anniversary date in the lower grade or 12 months from the date of
any performance advancement actually received in the lower grade subsequent to
September 30, 1979, whichever is later.
(c) Retroactive payments under certain circumstances.
(1) All eligible employees
who:
(i) received a rating of Outstanding or
Highly effective or had insufficient time in grade to receive an interim rating
before the moratorium; and
(ii)
missed an interim evaluation because of the moratorium; and
(iii) had not changed grade since receiving
such rating or entering such grade at the time of the first final (12-month)
rating after the moratorium; and
(iv) complete their first 12-month evaluation
period since their last final rating during the period ending between October
2, 1980 and March 31, 1981, and are rated Outstanding for such period, will be
eligible for a retroactive expedited payment as if their evaluation had been
due on October 1, 1980.
(2) For the purposes of this subdivision, the
moratorium shall be that portion of the performance evaluation program
conducted under interim guidelines as specified in the Office of Employee
Relations memorandum of January 11, 1980.
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