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Date: December 28, 2004 Bulletin Number: 532
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Subject

Extension of Military and Training Leave Benefits and Stipends

Purpose
To explain the extension of Military and Training Leave Benefits and Stipends and OSC’s process for the Military Stipend recalculation effective January 1, 2005.

Affected Employees
All Salaried (full and part-time), hourly, and per diem employees in CSEA, PEF, DC-37, Council 82, NYSCOPBA, UUP, GSEU, PBA, NYSPIA, and those employees designated Management/Confidential.

Effective Date(s)
The extension of benefits is effective 1/01/05 for all eligible employees.

Background

Each Memorandum of Understanding between the parties listed above and New York State has extended Military Leave Benefits through December 31, 2006 in response to the continuing need for New York State employees in the National Guard and Reserves to be activated federally or by the Governor for military service related to the war on terror.

The extension of the benefit provides for a recalculation of the Military Stipend as detailed below:

For employees who utilized Leave at Reduced Pay or Training Leave at Reduced Pay prior to calendar year 2005, the Military Stipend for the first use of either leave category at any point between January 1, 2005 and December 31, 2006 shall be calculated as follows:

  • Those on Training Leave at Reduced Pay or Leave at Reduced Pay on January 1, 2005 shall have recalculation of the Military Stipend for either leave category based on State salary (base pay plus Location Pay plus Geographic differential) as of January 1, 2005, reduced by the military pay rate used in calculating the most recent period in either reduced pay status prior to 2005.
  • For those whose first use of either reduced pay category occurs between January 2, 2005 and December 31, 2006, the Military Stipend shall be based on State salary (base pay plus Location Pay plus Geographic differential) as of the last day in full pay status prior to first use of Leave at Reduced Pay or Training Leave at Reduced Pay after January 1, 2005, reduced by the military pay rate used in calculating the most recent period in either reduced pay status prior to 2005.

For employees who have not utilized Leave at Reduced Pay or Training Leave at Reduced Pay prior to calendar year 2005, the Military Stipend for the first use of either leave category at any time between January 1, 2005 and December 31, 2006 shall be calculated as follows:

  • The Military Stipend shall be based on State salary (base pay plus Location Pay plus Geographic differential) as of the last day in full pay status prior to first use of Leave at Reduced Pay or Training Leave at Reduced Pay, reduced by military pay (defined as base pay plus housing and food allowances) as of the first day in Leave at Reduced Pay or Training Leave at Reduced Pay status.

For all employees, regardless of whether or not they used the reduced pay benefits prior to 2005, the Military Stipend calculated for first use of Leave at Reduced Pay or Training Leave at Reduced Pay in 2005 or 2006 shall be used for any subsequent period of leave under either category in 2005 or 2006.

OSC
Actions –
Recalculation of Military Stipends

OSC will review all employees who are on the Military Stipend on 1/01/05, with or without pay, and recalculate the biweekly Stipend. If the employee had a salary change in calendar years 2003 and 2004, the new biweekly wage amount will be used. The military wages on record for a pay period will be compared to the employee’s new biweekly State salary. If an increased amount for the Military Stipend is due or an employee now becomes eligible to receive a Stipend, OSC will update the employee’s record to reflect the increase.

Any new salary not already reflected in the employee’s history will be entered in the General Comments page.

The new Stipend amount will be entered on the Job Data page using the Action/Reason code of Pay RtChg/MSC (Pay Rate Change/Military Stipend Change).

These recalculations will be entered by OSC in Pay Period 20L (Institution) and 21L (Administration).

Agencies will be notified by Correction Sheet of any biweekly Stipend changes or employees who are now eligible to receive a biweekly Stipend.

For any Military Leaves under this benefit that first occur after 1/1/05, the salary at the time of the Leave will be used. The extension does not authorize a subsequent adjustment (after the 1/1/05 re-calculation or after an initial calculation for a Military Leave occurring after 1/1/05) to be made to the Military Stipend to reflect raises, Longevity Pay, or other types of pay that might otherwise apply to the employee's salary. Those changes will be reflected in the employee's salary upon return to State service.

Refer to Payroll Bulletin No. 276 for information regarding procedures for processing Military Stipend leaves and payments.

Questions

Questions about the benefit may be directed to the Department of Civil Service.

Questions about the payment may be directed to the Payroll Audit mailbox.