§ 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.

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(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 14 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 § 243 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 § 44 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.