New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle C - Division of the Budget
Part 156 - Performance Evaluations And Advances For Employees In The Rent Regulation Services Negotiating Unit
Section 156.5 - Performance advance eligibility

(a) Only employees whose basic annual salary is below the job rate for their position and whose performance has been evaluated and who received an appropriate summary rating for the preceding one-year evaluation period, shall be eligible to receive performance advances except as indicated below. Employees whose positions are unallocated but are equated to salary grades by the Director of the Budget, shall be eligible for performance advances as if allocated to the equated grade.

(b) Employees who are eligible for a performance advance in a lower salary grade but are promoted or appointed to a higher salary grade before receiving their next advance in the lower grade, and who did not receive an advance in the higher grade prior to the date when an evaluation in the lower grade would have been due, are entitled to a reconstructed promotion salary reflecting the performance advance which they would have received in the lower grade. Such reconstructed promotion salary shall be effective on the date that the performance advance would have been paid in the lower grade. The performance advance used to reconstruct the promotion salary of such employees shall be based on a presumptive rating of effective or an equivalent rating.

(c) Service in a lower salary 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 advance due on or after April 1, 1985.

(d) Service in a higher salary grade by employees who are appointed or demoted to a lower salary grade is creditable toward the in-grade service requirement for a performance advance in the lower salary grade.