N.Y. Comp. Codes R. & Regs. tit. 9 § 148.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 148.4 - Performance advances

(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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 148.4