Section 37. Salary plan for non-judicial employees

1. Salary schedules for
  nonjudicial  officers  and  employees  allocated   to   salary   grades;
  promulgation;  placement  thereon.  (a)  The  chief administrator of the
  courts shall promulgate salary schedules for state-paid positions in the
  unified court system, allocated to salary  grades,  in  accordance  with
  law.
    (b) This paragraph shall apply to each nonjudicial officer or employee
  of  the  unified  court system in a position allocated to a salary grade
  and paid pursuant to a salary schedule, who moves  to  another  position
  allocated  to  the  same  salary  grade,  provided (i) his or her former
  position is in a collective negotiating  unit  established  pursuant  to
  article fourteen of the civil service law and his or her new position is
  in  another collective negotiating unit or not in any such unit, or (ii)
  his or her former position is not in a collective negotiating  unit  and
  his or her new position is in such a unit. Each such nonjudicial officer
  or  employee  shall receive a basic annual salary upon such movement, to
  be determined as follows:
    (1) Where his or her new position is paid pursuant to the same  salary
  schedule  as  his  or  her  former position, such nonjudicial officer or
  employee shall be paid the same basic annual salary in his  or  her  new
  position as he or she received in his or her former position.
    (2)  Where  his  or  her  new  position  is  paid pursuant to a salary
  schedule ("new salary schedule"), which is  different  from  the  salary
  schedule  pursuant  to  which  he  or  she was paid in his or her former
  position ("former salary schedule"), he or she shall be placed  on  such
  new  salary  schedule  and paid a basic annual salary on such new salary
  schedule which shall equal a rate that represents the same proportion of
  the maximum salary of his or her grade on the new  salary  schedule,  as
  his  or  her  basic  annual  salary  under  the  former  salary schedule
  represented of the maximum salary of his or her  grade  on  such  former
  salary schedule.
    2.  All  state-paid  positions in the competitive, non-competitive and
  labor classes in the unified court system shall be allocated to a salary
  grade by the administrative board of the judicial conference  and  shall
  be  paid  in  accordance  with  this  section.  In the discretion of the
  administrative board any or all state-paid exempt  class  positions  may
  also be so paid, within the appropriation available therefor.
    3. Additional increment. Notwithstanding any inconsistent provision of
  this  chapter, when an employee holding a position allocated to a salary
  grade prescribed in subdivision one of this section has reached,  on  or
  after April first, nineteen hundred ninety-nine, a salary equal to or in
  excess  of  the  maximum  salary of the grade of his or her position and
  thereafter has rendered continuous service in such  position,  or  in  a
  position  in  the same salary grade, he or she shall be entitled, on the
  first day of the fiscal year following completion of four years of  such
  service,  to  an  additional  increment of the grade to which his or her
  position is allocated, and following completion of eight years  of  such
  service,  to  a second additional increment of such grade. The salary of
  such employee shall not be increased, pursuant to the provisions of this
  subdivision, to an amount in excess of the maximum salary of  the  grade
  of  his  or her position plus one additional increment of such grade or,
  upon qualifying for such second additional increment, to  an  amount  in
  excess  of  the  maximum salary of the grade of his or her position plus
  two additional increments of such grade.
    For the purposes of this subdivision: (a) an employee who has  reached
  a salary equal to or in excess of the maximum salary of the grade of his
  position  and  whose position, on or after April first, nineteen hundred
  seventy-two is reallocated to a higher salary grade shall be  deemed  to

  have  had  continuous  service at the maximum salary of the grade of his
  position,  notwithstanding  the  fact  that,  as  a   result   of   such
  reallocation,  he  is  not  receiving  the  maximum salary of the higher
  salary grade to which his position is reallocated;
    (b) an employee who has not reached the maximum salary of the grade of
  his  position  and  whose  position,  on  or after April first, nineteen
  hundred seventy-two is reallocated to a higher  salary  grade  shall  be
  deemed  to  have reached the maximum salary of the grade of his position
  on the date on which he would otherwise have reached the maximum  salary
  of the grade from which his position was reallocated;
    (c)  when  a  position,  on  or  after  April  first, nineteen hundred
  seventy-two, is reclassified to a title allocated  to  a  higher  salary
  grade,  with  no  substantial change in duties and responsibilities from
  those associated with the former title, the incumbent's eligibility  for
  additional increments authorized by this subdivision shall be determined
  as though his position had been reallocated to such higher salary grade;
  such  employee  shall  not  be  deemed  to be appointed or promoted to a
  position in a higher  grade  for  purposes  of  determining  his  salary
  therein;
    (d)  when  an  employee  is  appointed  or promoted to a position in a
  higher salary grade or, in a case  not  subject  to  the  provisions  of
  paragraph  (c) of this subdivision, when a position is reclassified to a
  title allocated to a higher salary grade and the  incumbent  thereof  is
  appointed or promoted to such reclassified title, his or her eligibility
  for  additional  increments  authorized  by  this  subdivision  shall be
  determined on the basis of his or her service after  the  date  of  such
  appointment   or  promotion,  except  that,  notwithstanding  the  other
  provisions of this subdivision, where his or her salary upon appointment
  or promotion is equal to or greater than the maximum salary of the grade
  of his or her position plus one additional increment of such  grade  but
  less  than  such  maximum  salary plus two additional increments of such
  grade, he or she shall  be  eligible  for  an  additional  increment  in
  accordance  with  the  provisions of this subdivision upon completion of
  four years of continuous service in such position following  appointment
  or promotion;
    (e) an employee who has been on a preferred list pursuant to the rules
  of  the  administrative  board of the judicial conference or section two
  hundred forty-three of the  military  law,  or  has  been  on  leave  of
  absence,  or  who  has  resigned,  and  who  has  been reinstated to his
  position or a similar position,  shall  be  deemed  to  have  continuous
  service;  provided,  however,  that such employee shall be credited with
  service in his position only  in  a  fiscal  year  for  which  he  would
  otherwise  be  entitled  to  receive an increment in such position if he
  were not receiving a salary equal to or in excess of the maximum  salary
  of the grade of his position;
    (f)  an employee shall not be credited with service in his position in
  any fiscal year where such service was unsatisfactory or insufficient to
  render him eligible for an annual increment if he were not  receiving  a
  salary  equal  to or in excess of the maximum salary of the grade of his
  position, but the failure to receive credit  for  such  year  shall  not
  constitute an interruption of his continuous service;
    (g) when an employee is appointed, demoted or reinstated from a higher
  grade position to a lower grade position, he shall receive credit toward
  eligibility  for  additional  increments in the lower grade position for
  his years of service in the higher grade position as though such service
  had been rendered in the lower grade positions.
    4.  Annual  increments;  determination  of  salaries.  (a)  Rates   of
  compensation.  An  employee  holding  a position allocated to one of the

  salary grades included in subdivision one of this section shall  receive
  the  minimum  salary  of  the  salary  grade  to  which  his position is
  allocated, plus the number of  increments  which  corresponds  with  the
  number  of  his  years  in service in such position, unless his services
  during the year immediately  preceding  shall  have  been  found  to  be
  unsatisfactory.  No  employee  shall  receive  an  increment which would
  result in his receiving an annual salary in excess of the maximum of the
  salary grade to which his position is allocated  or  of  the  amount  to
  which he may be entitled pursuant to subdivision one of this act.
    (b) Appointment above minimum salary in certain cases. Notwithstanding
  any other provision of this chapter, with respect to positions allocated
  to  salary  grades  in  subdivision  one  of this section, if the annual
  salary of an employee subject to the provisions of this section who  has
  rendered  twenty-six bi-weekly periods of service during the period from
  April  first,  nineteen  hundred  seventy  through  March  thirty-first,
  nineteen hundred seventy-two is less than six thousand dollars per year,
  such  employee  in  lieu  of  such annual salary shall receive an annual
  salary of six thousand dollars.
    (c) Notwithstanding any other provision of this  chapter  no  employee
  whose  salary  is  below  the  minimum  of the salary grade to which his
  position is allocated shall receive more  than  two  increments  in  the
  fiscal year beginning April first, nineteen hundred seventy-three.
    5.  Appointments  and  promotions to higher grade positions. (a) If an
  employee is appointed or promoted to a position in a  higher  grade,  he
  shall receive an increase in salary, upon such appointment or promotion,
  which  is  equivalent  to  the full increment payable in the position to
  which he is appointed or promoted, or  he  shall  be  paid  the  minimum
  salary  of  the  grade  of  the  position  to  which  he is appointed or
  promoted, whichever results in a higher annual salary.
    (b) Upon the reallocation of a position to a higher salary grade,  the
  salary  of  any  employee  previously  appointed  or  promoted from such
  position to another position in a higher grade shall not  be  less  than
  the  salary  which  he  would  otherwise  be entitled to receive if such
  promotion occurred immediately following such reallocation.
    (c) For the purpose of computing future increments such employee shall
  be credited with the number of years of  service  in  the  higher  grade
  position to which he is appointed or promoted which corresponds with his
  resulting   rate   of   compensation  as  determined  pursuant  to  this
  subdivision.
    6.   Appointments,   transfers,    reinstatements,    demotions    and
  displacements  to  lower  grade  positions. If an employee is demoted or
  displaced to a position in a lower grade, or is  appointed,  transferred
  or  reinstated  to  a  position  in  a  lower grade, he shall, upon such
  demotion, appointment, displacement, transfer, or reinstatement, receive
  the rate of compensation which corresponds with the total number of  his
  years of service in the positions from which and to which he is demoted,
  displaced,  appointed,  transferred  or  reinstated, as the case may be,
  and, for the  purpose  of  computing  future  increments,  he  shall  be
  credited  with  the  number  of  years of service in such position which
  corresponds with such rate of compensation. If an employee is demoted to
  a position in a lower grade, he shall, upon such demotion, be  paid  the
  salary  in  such  lower  grade  which corresponds with the number of his
  years of service in the grade from which he  was  demoted,  or,  in  the
  discretion  of  the  administrative board of the judicial conference, he
  may be paid a higher rate of compensation, not exceeding the maximum  of
  the  grade  to  which  such position is allocated, and not exceeding the
  rate of compensation received prior  to  such  demotion,  and,  for  the
  purpose  of  computing  future increments, he shall be credited with the

  number of years of service in such position which corresponds with  such
  rate of compensation.
    7.   Appointment,   transfers  and  reinstatements  to  similar  grade
  positions.  If an employee is transferred to a similar position,  or  is
  appointed or reinstated to a position in the same salary grade, he shall
  be  paid  the  same  salary  in  such new position as he received in his
  former position, except that, in the case of a transfer, if such  salary
  does  not correspond with the schedule established for the new position,
  he shall be paid the rate of compensation for  the  new  position  which
  most  nearly  corresponds  with  the  salary  he  is  then receiving. An
  employee so appointed, transferred or reinstated shall  be  eligible  to
  receive  the increments in the schedule established for the new position
  based upon the number of his years of service in the new position and in
  his former position.
    8. Appointments, promotions, reinstatements, and transfer of employees
  occupying non-allocated positions. An employee who has been continuously
  occupying a position which is not allocated to one of the salary  grades
  described  in  subdivision  one  of  this  section and who is appointed,
  promoted, reinstated, or transferred to a position allocated to  one  of
  the  salary  grades  in  such subdivision the minimum salary of which is
  equal to or lower than the annual rate of compensation then received  by
  such employee, shall, upon such appointment, promotion, reinstatement or
  transfer,  be  paid  the  minimum  salary of the grade of such allocated
  positions plus the number of increments which corresponds to the  number
  of  years of his service in his former unallocated position or positions
  during which he received a salary equal to or in excess of  the  minimum
  salary of the position to which he is appointed, promoted, reinstated or
  transferred,  not  to  exceed  the  salary  that he was receiving in his
  former position immediately prior  to  the  date  of  such  appointment,
  promotion,  reinstatement  or  transfer,  and  not to exceed the maximum
  salary of his new position.
    For the purpose of computing future increments, he shall  be  credited
  with  the  number  of  years  of  service  in  such  new  position which
  corresponds with such rate of compensation. For  the  purposes  of  this
  subdivision,  the  annual  rate  of  compensation of the incumbent of an
  unallocated position compensable on an hourly or per diem  basis  or  on
  any basis other than at an annual salary rate, shall be deemed to be the
  compensation which would have been payable if the services were required
  on a full time annual basis for the number of hours per day and days per
  week established by law or administrative rule or order.
    8-a.  Allocation  of non-allocated positions. (a) When a non-allocated
  position  is  allocated  to  one  of  the  salary  grades  described  in
  subdivision  one  of  this  section,  the annual salary of the incumbent
  thereof shall be determined in accordance with this subdivision.
    (b)  Notwithstanding  the  provisions  of  paragraph   (c)   of   this
  subdivision,   the   annual   salary   of  any  non-allocated  position,
  compensable on an annual basis, shall not, upon allocation to  a  salary
  grade,  be  reduced  for  the  then permanent incumbent by reason of any
  provision of this section so long as such position is held by  the  then
  permanent incumbent.
    (c)  When  a  non-allocated position is allocated to one of the salary
  grades described in subdivision  one  of  this  section,  the  incumbent
  thereof,  whether  employed  on a permanent or temporary basis, shall be
  paid the minimum salary of the salary grade to which  such  position  is
  allocated,  plus  the  number  of  increments which corresponds with the
  number of his years of service in such position; provided, however, that
  such incumbent shall not receive an  annual  salary  in  excess  of  the
  maximum  salary  of  the grade to which his position is allocated or the

  amount to which he may be entitled pursuant to subdivision three of this
  section, as the case may be.
    (d)  No  employee  whose  salary would be increased by such allocation
  shall have any claim against the  state  for  the  difference,  if  any,
  between  his  former salary and that which he should receive as a result
  of such allocation for the period prior  to  the  date  such  allocation
  became effective.
    9.  Accrual  of increments. Annual increments shall take effect on the
  first day of each fiscal year, subject, however, to  the  provisions  of
  section  forty-four of the state finance law. An employee who has served
  the equivalent of at least twelve complete  payroll  periods  of  actual
  service  during  the  fiscal  year  in his position shall be eligible to
  receive an increment in such position on  the  first  day  of  the  next
  succeeding fiscal year; provided, however, that an employee appointed or
  promoted at any time during the fiscal year, who received an increase in
  salary  upon  such appointment or promotion which was less than two full
  increments of the grade of the position to which  he  was  appointed  or
  promoted  shall be eligible to receive in such position on the first day
  of the next succeeding fiscal  year  the  difference  between  two  full
  increments  of  the  grade  of  such position and the increase in salary
  which he received upon such appointment  or  promotion,  notwithstanding
  the fact that he has less than the equivalent of twelve complete payroll
  periods  of  actual  service  in  such  position during the fiscal year.
  Notwithstanding the  provisions  of  this  section,  where  an  employee
  receiving  the  maximum  salary  or  the  maximum  salary plus the first
  additional increment, as the case may be, of the grade of  his  position
  is  appointed or promoted to a position in the next higher salary grade,
  his salary on the first day  of  the  fiscal  year  on  which  he  would
  otherwise  be entitled to the first additional increment of the grade of
  his former position, if he had been receiving the maximum salary in  his
  former  position at the time of such appointment or promotion, or on the
  first day of the fiscal year on which he would otherwise be entitled  to
  the  second additional increment of the grade of his former position, if
  he had been receiving the  maximum  salary  plus  the  first  additional
  increment  in  his  former  position  at the time of such appointment or
  promotion, shall not be less than  the  salary  to  which  he  would  be
  entitled  if such appointment or promotion occurred on such first day of
  the fiscal year.
    10. Service credit for temporary and provisional employment. Except as
  otherwise expressly provided herein, temporary  or  provisional  service
  shall be treated in the same manner as permanent service for the purpose
  of this section.
    11. Reallocations; adjustment of salaries. When any position allocated
  to  a  salary grade in subdivision one of this section is reallocated on
  or after April first, nineteen hundred seventy-two to  a  higher  salary
  grade  other  than  grade  thirty-eight,  the  annual  salary  of a then
  incumbent on the effective date of such reallocation shall be determined
  as follows:
    (a) If, on the effective date of such reallocation, the annual  salary
  of  such  incumbent would otherwise, if such reallocation did not occur,
  be identical with the hiring, first, second, third, fourth, fifth, sixth
  or seventh year rate of compensation of the lower grade from which  such
  position  is  reallocated, or a rate of compensation equal to one or two
  additional increments above the maximum salary of such lower grade,  his
  or  her  annual  salary  shall be increased to the corresponding rate of
  compensation of the higher grade to which such position is reallocated.
    (b) If, on the effective date of such reallocation, the annual  salary
  of  such  incumbent would otherwise, if such reallocation did not occur,

  be less than the rate of compensation equal to two additional increments
  above the maximum salary of the lower grade from which such position  is
  reallocated,  and  not  identical with the hiring, first, second, third,
  fourth,  fifth, sixth or seventh year rate of compensation of such lower
  grade or with the rate of compensation equal to one additional increment
  above the maximum salary of such lower grade, his or her  annual  salary
  shall  be  the  salary  he or she would otherwise receive on the date of
  such reallocation in such lower grade if such reallocation did not occur
  plus the difference between the next higher rate of compensation of such
  lower grade and the corresponding rate of  compensation  of  the  higher
  grade to which such position is reallocated.
    (c) If, on the effective date of such reallocation, the annual salary,
  of  such  incumbent would otherwise, if such reallocation did not occur,
  exceed the rate of compensation equal to two additional increments above
  the maximum salary of the  lower  grade  from  which  such  position  is
  reallocated,  his  annual  salary  shall  be  the annual salary he would
  otherwise receive if such reallocation did not occur plus the difference
  between  such  rate  of  compensation  and  the  corresponding  rate  of
  compensation  of  the higher grade to which his position is reallocated,
  but his salary shall not be increased to an  amount  in  excess  of  the
  maximum  salary  of  the grade to which his position is reallocated plus
  two additional increments of such grade.
    If an employee has  been  appointed  or  promoted  from  one  position
  allocated  to  a  salary  grade  in  subdivision  one of this section to
  another position allocated to a  higher  salary  grade  and  his  former
  position,  on  or  after  April first, nineteen hundred seventy-two, and
  within two years after such appointment or promotion, is reallocated  to
  a  higher  salary  grade,  the  salary  of  such  employee in the second
  position on the effective date of such reallocation shall  not  be  less
  than  the salary which he would otherwise be entitled to receive on such
  date had such appointment or promotion occurred on such date.
    The provisions of  this  subdivision  shall  apply  to  temporary  and
  provisional employees, as well as permanent employees.
    When a position allocated to a salary grade in subdivision one of this
  section  is  reclassified to a title allocated to a higher salary grade,
  and such reclassification represents no substantial change in duties and
  responsibilities from  those  associated  with  the  former  title,  the
  incumbent thereof may continue to serve in such position without further
  examination,  and  his  salary  in  his new title shall be determined in
  accordance with the provisions of this subsection.
    12. Status of employees upon transfer of functions. The salary of  any
  employee  of  a civil division, public authority or other public benefit
  corporation who  upon  transfer  of  his  functions  to  the  state,  is
  transferred to a position in the unified court system which is allocated
  to  a  salary  grade,  and  the  salary  of  any  employee  of a private
  institution or enterprise, whose employment is continued in an allocated
  position pursuant to law upon  the  acquisition  by  the  unified  court
  system  of  such  institution  or enterprise, shall be prescribed by the
  chief administrator of the courts within amounts available therefor,  at
  a  rate  between the minimum salary of the grade to which the employee's
  position is allocated and the maximum salary  of  such  grade  plus  two
  additional increments; provided, however, that if the salary received by
  such  employee  immediately prior to such transfer or entry into service
  with the unified court system was an amount  greater  than  the  minimum
  salary of the grade to which his position is allocated and less than the
  maximum  salary  of  such  grade  plus two additional increments of such
  grade, his salary as prescribed by the  chief  administrator  shall  not
  exceed  the salary received by him immediately prior to such transfer or

  entry. For the purpose of computing  future  increments,  such  employee
  shall  be  credited with the number of years of service in such position
  which corresponds  with  his  salary  as  determined  pursuant  to  this
  subdivision.