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Date: December 18, 2008
Bulletin Number: 835
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Subject

Revised Method of Calculating Salaries for Employees Upon Movement From a Civil Service Employees Association (CSEA) Non-Statutory (N/S) Position to a Graded Position in Any Bargaining Unit

Purpose

To provide agencies with information and procedures regarding the revised calculation of affected employees’ salaries and the processing of necessary salary corrections.

Affected Employees

Non-Statutory employees represented by CSEA who move to a graded position in any bargaining unit effective on or after April 1, 2003.

Background

Pursuant to Chapter 103 of the Laws of 2005 which amends Civil Service Law, Section 131.5 and the N/S to Grade side letter to the 2007-2011 CSEA agreement, OSC is issuing instructions for the revised method of calculating salaries for affected employees retroactive to April 1, 2003.  This revised method is in addition to the Civil Service Law, Section 131.5 rules still in existence.  The side letter to the 2007-2011 CSEA agreement expires on March 31, 2011.

Effective Date(s)

The revised method of calculating salaries for affected employees is effective April 1, 2003.

Agencies may begin to submit transactions for eligible employees on September 4, 2008 for Pay Period 12L, paychecks dated 9/25/08 (Institution) and 10/1/08 (Administration).

Eligibility Criteria

To be eligible for the revised method of calculation, an employee must have been in a CSEA N/S annual or hourly position immediately prior to moving to a graded position.

N/S service in any of the following will not be considered as creditable service when reconstructing the employee’s salary:
  • Office of Court Administration
  • City University of New York (CUNY)
  • Thruway Authority
  • Teachers’ Retirement System
  • Dormitory Authority
  • State University of New York Grade 980s
  • Legislative Payrolls
  • Judicial Payroll
  • Pay Basis Codes of FEE and BIW

General Information

The methodology contained in Section 131.5(c) of the Civil Service Law still may be used to calculate the salary for employees who move from an N/S to a graded position if it results in a higher salary than the methodology contained in the N/S to Grade side letter to the 2007-2011 CSEA agreement.

In addition, this Section has been amended to remove provisions that restrict the resultant salary of an employee having moved from an N/S to a graded position from exceeding the salary which previously had been received in the N/S position.  However, the resultant salary cannot exceed the job rate of the graded position.

The methodology contained in the Long Term Seasonal side letter and the rules effective September 2004 still may be used to calculate the salary for Parks and Environmental Conservation N/S employees represented by CSEA who moved to a graded CSEA position between April 1, 2003 and March 31, 2007 if it results in a higher salary than the methodology contained in the N/S to Grade side letter to the 2007-2011 CSEA agreement.

Revised Method of Calculation

Determine Type of Appointment (Promotion, Demotion, Lateral)

Agencies must use the CSEA N/S position in effect immediately prior to the move to the graded position to determine the type of appointment.  If the position is:
  • Annual N/S Equated to Grade – Compare the equated grade of the N/S position to the grade of the graded position to determine if the appointment is a promotion, demotion or lateral.
  • Annual N/S Not Equated to Grade – Use the N/S salary to assign the highest grade level (using the hiring rate) to which such salary can be assigned on the CSEA salary schedule in effect on the appointment date to the graded position and compare it to the grade of the graded position to determine if the appointment is a promotion, demotion or lateral.
  • Hourly N/S – Convert the hiring rate of the graded position from the CSEA salary schedule in effect on the appointment date (regardless of the graded position’s bargaining unit) to an hourly rate by dividing by 2088.  Compare the resultant hourly rate to the employee’s hourly rate immediately prior to the move to the graded position to determine if the appointment is a promotion, demotion or lateral.

Revised Method of Calculation Based on Type of Appointment

Promotion
From any CSEA N/S position
  • Annual N/S Equated to Grade – Using the employee’s equated grade apply the appropriate promotion percentage provided in Article 7.10 to the employee’s N/S salary.  The employee may be eligible for a promotion recalculation.
  • Annual N/S Not Equated to Grade – After assigning a grade as explained above, apply the appropriate promotion percentage provided in Article 7.10 to the employee’s N/S salary.
  • Hourly N/S – Convert the employee’s hourly rate immediately prior to the move to the graded position to an annual salary by multiplying by 2088.  Use this salary to assign the highest grade level (using the hiring rate) to which such salary can be assigned on the CSEA salary schedule.  Apply the appropriate promotion percentage provided in Article 7.10 to the employee’s ‘hourly converted to annual’ salary.
A new anniversary date and increment code will be determined based on the effective date of the promotion.



Lateral and Demotion

From a CSEA Annual N/S Position
  • Equated to Grade - Reconstruct the salary beginning with the hiring rate of the graded position, giving credit for all service where the salary (including hourly and annual regardless of bargaining unit) is at least equal to the hiring rate of the graded position.
  • Not Equated to Grade – Reconstruct the salary beginning with the hiring rate of the graded position, giving credit for all service where the salary (including hourly and annual regardless of bargaining unit) is at least equal to the hiring rate of the graded position.

Upon reconstruction, the salary should be limited to the job rate of the graded position but may exceed the employee’s last N/S salary.

If the employee is eligible, longevity payments should be included in the reconstruction.

The anniversary date will be determined using the appointment date to the graded position adjusted by the amount of creditable service.

The anniversary date will determine which performance advance cycle and increment code should be used.

From a CSEA Hourly N/S Position
  • Use only those hours paid where the employee’s hourly rate is at least equal to the hiring rate of the graded position.  In order to determine if the employee’s hourly rate is equal to or above the hiring rate, divide the hiring rate of the graded position from the CSEA salary schedule for the applicable year by 2088 and compare to the employee’s hourly rate for the same year.
  • Do not include hours paid as overtime when reporting creditable hours.
  • Hourly employees for whom hours have not been reported during the last year will be considered to have a break in service of one (1) or more years.  Credit for service prior to the break will not be counted.
  • The number of creditable hours reported by the agency for an 8-hour-day hourly employeewill be divided by 8 to determine the number of full work days to be used as creditable service.  The number of creditable hours reported by the agency for a 7 ½-hour-day hourlyemployee will be divided by 7.5 to determine the number of full work days to be used as creditable service.
  • N/S service in hourly and annual positions can be combined to determine the amount of creditable service.
  • It is the appointing agency’s responsibility to report in General Comments all qualifying hours and the employee’s required hours per day (7 ½ or 8) to be used in determining creditable service including hours worked in another agency.
  • The anniversary date will be determined using the appointment date to the graded position adjusted by the amount of creditable service.
  • The anniversary date will determine which performance advance cycle and increment code should be used.
  • Reconstruct the salary beginning with the hiring rate of the graded position giving credit for all service (including hourly and annual regardless of bargaining unit) where the salary is at least equal to the hiring rate of the graded position.
  • Upon reconstruction, the salary should be limited to the job rate of the graded position but may exceed the employee’s last N/S salary.
  • If the employee is eligible, longevity payments should be included in the reconstruction.
Examples of hourly service calculations can be reviewed by agencies for assistance.

OSC Actions

OSC will provide agencies with Control-D report NHRPTP13 identifying employees who have moved from a CSEA N/S position to a graded position in any bargaining unit effective on or after April 1, 2003.

The listing is available as of August 26, 2008.

Agency Actions

It is the agency’s responsibility to submit transactions for employees affected by the revised methodology.

Salary corrections must be submitted by agencies retroactive to the date of the graded appointment (provided the appointment was effective on or after 4/1/03) if the methodology provided in the N/S to Grade side letter to 2007-2011 CSEA agreement results in a salary different from (greater than or less than) the methodology in the previous side letter (detailed in Payroll Bulletin No. 726) or in Section 131.5(c) of the Civil Service Law.

Agencies must submit Pay Change Requests using the Action/Reason code of PAY/NSG (Pay Rate Change/NS to Grade) for all rows requiring a salary correction on the employee’s Job Data history.  If a salary correction is not applicable but the employee’s anniversary date, increment code and/or FIS must be changed, the Action/Reason code of DTA/NSG (Data Change/NS to Grade) must be submitted.

Qualifying hours used to determine creditable service must be reported in General Comments.

Note:  If any employee is now overpaid due to the revised calculation rules, the negative retroactive adjustment will not be recovered.

Control-D Report

NHRPTP13 Report

This report identifies employees who moved from a CSEA N/S position to a graded position in any bargaining unit on or after April 1, 2003 and may be eligible to have their salary recalculated using the new methodology.  The report identifies EmplID, Name, Rcd #, Pay Basis Code, Bargaining Unit, Employee Status, Pay Cycle and Move Date (Effective date and Sequence of initial movement from N/S to graded position).

Questions

Questions about this Bulletin may be emailed to the Salary Determination mailbox.