Division of Housing and Community Renewal Bulletin No. DH-134

Subject
April 2023 and April 2024 Retroactive Increases to Location Pay for Eligible Employees in the Rent Regulation Services Unit (RRSU) Represented by District Council 37 (DC37)
Date Issued
August 28, 2024

Purpose:

The purpose of this bulletin is to inform the Division of Housing and Community Renewal of OSC’s automatic processing of the April 2023 and April 2024 retroactive increases to Location Pay and to provide instructions for payments not processed automatically.

Affected Employees:

Employees in the Rent Regulation Services Unit (BU67) represented by DC37 who meet the eligibility criteria are affected.

Background:

Chapter 177 of the Laws of 2024, which implemented the 2023-2026 Agreement between the State of New York and DC37, provides for retroactive increases to Location Pay for April 2023 and April 2024.

Effective Dates:

The DC37 retroactive increases to Location Pay will be processed using effective dates of 03/30/2023 and 03/28/2024 in Administration Pay Period 8L, paycheck dated 07/31/2024.  

Eligibility Criteria:

Employees in Bargaining Unit 67 who have a Payroll Status of Active, Leave With Pay or Leave of Absence on or after the applicable Effective Dates provided in the Effective Dates section who are receiving Location Pay (Earnings Code LOC) at the Current Amount are eligible for the following increases:

YearPayment Amount
Current$3,026
April 2023$3,087
April 2024$3,400

OSC Actions:

April 2023 Location Pay (Earnings Code LOC) Increase 

OSC will automatically insert a row to update the Additional Pay page for the April 2023 increases for eligible employees receiving Location Pay at the Current Payment Amount in the Eligibility Criteria section as follows:

Earnings Code:LOC
Effective Date:03/30/2023 or the date employee returns to the payroll or the date the employee becomes eligible
Annual Addl Earnings:$3,087
End Date:Leave blank 
Goal Amount:Leave blank
Goal Balance:Leave blank

April 2024 Location Pay (Earnings Code LOC) Increase 

OSC will automatically insert a row to update the Additional Pay page for the April 2024 increases for eligible employees receiving Location Pay at the Current Payment Amount in the Eligibility Criteria section as follows:

Earnings Code:LOC
Effective Date:03/28/2024 or the date employee returns to the payroll or the date the employee becomes eligible
Annual Addl Earnings:$3,400
End Date:Leave blank
Goal Amount:Leave blank
Goal Balance:Leave blank

OSC will also automatically update any eligible subsequent rows.

Automatic Retroactive Processing:

OSC will automatically calculate retroactive adjustments for Time Entry earnings calculated by the system that include Location Pay (Earnings Code LOC) such as OT for Annual 2080 (Earnings Code OCS) and Holiday Pay (Earnings Code HPA).

If an employee is eligible for a retroactive increase and has been paid by multiple agencies in the same Employee Record Number since the effective date of the increase, all retroactive adjustments will be paid in the most current agency within that record number.  If an employee has been paid in multiple Employee Record Numbers, each record number will be evaluated separately, and retroactive payments will be processed in the record number in which the increase occurred.

Agency Actions – Entering Location Pay Increases Not Processed Automatically:

To pay the April 2023 and/or April 2024 retroactive Location Pay increases to eligible employees not processed automatically or who return from an authorized leave of absence, the agency must submit the following information on the Additional Pay page:

Earnings Code:LOC
Effective Date:Effective Dates referenced in the Effective Dates section or the date the employee returns to the payroll
Annual Addl Earnings:Payment Amount referenced in the Eligibility Criteria section
End Date:Leave blank
Goal Amount:Leave blank
Goal Balance:Leave blank

Agency Actions- Retroactive Processing: 

Reporting Retroactive Adjustments

Time Entry earnings codes submitted with an amount will not be adjusted automatically. Therefore, beginning in Administration Pay Period 9L, agencies must report the adjustment amount for earnings codes such as OT Override (Earnings Code OTO).

Correcting an Automatic Retroactive Adjustment

When certain conditions exist in an employee’s record, the automatic retroactive adjustment may be incorrect. Therefore, the agency is responsible for identifying employees who meet the following conditions and, if necessary, submitting the necessary adjustment:

  • If an employee has a check returned or exchanged on an AC-230 for dates on or after the effective date of the payment, the payroll system does not consider the AC-230 when calculating the automatic retroactive adjustment.
  • Adjustments for earnings that are calculated automatically, such as OT for Annuals 2080 (Earnings Code OCS), will be calculated incorrectly if the dates previously reported as a single entry on the Time Entry page overlap the effective date of the payment. The system will calculate an adjustment for all earnings reported in a single entry based on the salary in effect on the Earnings End Date.
  • For employees who had a change reported on the Job Data page since the effective date of the payment and the action resulted in an overpayment of earnings, the automatic negative retroactive adjustment may not have been processed because the overpayment was either not recoverable or was recovered using an overpayment earnings code or an AC-230. In this case, the negative retroactive adjustment may be re-generated when the payment is processed. OSC will turn off (not process) the automatic negative adjustment for these employees since in most cases these overpayments were either not recoverable or recovered using another method.

If an overpayment of earnings is identified after automatic payment is processed but before the paycheck is received by the employee, the employee must be notified of the overpayment and the adjustment that will be reported in a subsequent pay period.

Submitting an Adjustment

When an adjustment is needed for COVID-19 related overtime such as Covid-19 OT Override (Earnings Code CVO), Earnings Code ARC (Adjust Retro Raise for C19 OT) must be used to process the adjustment. When an adjustment is needed for non-COVID-19 related overtime or recall such as OT Override (Earnings Code OTO), Earnings Code ARO (Adj Retro Raise for OT and RCL) must be used to process the adjustment. Please refer to Payroll Bulletin No. 1893 - Reporting Adjustments to Overtime for more information. Agencies must continue to use Earnings Code AJR (Adjust Raise) for all other override Time Entry Earnings Codes requiring a manual adjustment as a result of a retro salary increase.

To process a retroactive adjustment or correct an automatic retroactive adjustment, agencies must submit the following information on the Time Entry page or the Time Entry Interface (NPAY502) using the Earnings Code AJR, ARC, or ARO:

Earnings Begin Date:The first date included in the adjustment
Earnings End Date:The last date included in the adjustment
Earn Code:AJR, ARC, or ARO
Amount:Amount to be adjusted
Comments:An explanation of the adjustment

Control-D Reports Available After Processing:

The following Control-D report will be available after processing of the automatic increases:

NHRP703 - Mass Salary Additional Pay Report

This report identifies all employees receiving an automatic increase for Location Pay (Earnings Code LOC). Fields on this report include EmplID, Employee Record Number, Employee Name, Earn Code, Grade, Salary Plan, Bargaining Unit, and Additional Pay Amount.

Military Stipend Leave: 

OSC will recalculate the military stipend amount for employees who were placed on a Paid or Unpaid Military Stipend Leave on or after the effective date of the payment as the result of new military orders.

  • If the employee received a stipend, OSC will insert a row on the employee’s Job Data page effective the date the employee is entitled to the increase, using the Action/Reason Code of Pay Rate Change/MSC (Military Stipend Change) and will increase the employee’s biweekly stipend amount. In addition, updates will be made to all subsequent rows requiring an increased biweekly stipend amount.
  • If the employee did not receive a stipend but becomes eligible for a stipend as a result of the payment, OSC will insert the following in PayServ:
    • A row on the employee’s Job Data page effective the date the employee is entitled to a stipend using the Action/Reason Code of Paid Leave of Absence/MLS (Mil Stip) and the new biweekly stipend amount.
    • A row on the employee’s Job Data page for each affected subsequent row using the Action/Reason Code of Pay Rate Change/MSC (Military Stipend Change) and the new biweekly stipend amount.
    • A row on the Time Entry page using Earnings Code MSP (Military Stipend Payment) to pay the stipend for each pay period the employee is eligible.
  • Any additional adjustment required due to the increased biweekly stipend amount, that will not be calculated automatically, will be reported by OSC on the Time Entry page using the Earnings Code AMS (Adjust Military Stipend).

General Deductions:

All general deductions for employees with Payroll Status of Terminated, Retired, or Deceased will be automatically canceled by OSC with the exception of percentage-based dues and the following:

CodeDescription
406Strike/Discip Fine
410Health Care Spending Account
416Deferred Comp
420NY Dependent Care Contribution
425Repay State Loans/Debt
426Higher Ed Repay State Loan
428Dependent Care
433Total Unemployment Ins Owed
442Pre-Tax Adoption
500Medicare Deficiency
501Social Security Deficiency
502NYS SS/Medicare Deficiency
682VDC Before Tax Arrears
685VDC Suspense Before Tax Arrears
GARNSHGarnishments
HIATRGRegular After Tax Health
HIATSPSpecial After Tax Adj

Tax Information:

These monies are taxable income subject to all employment taxes and income taxes, will be included in the employee’s taxable gross, and reported on the employee’s Form W-2.

The adjustments (Earnings Codes AJR, ARC, and ARO) and retroactive payments (Earnings Codes RXX) are supplemental taxable income and will be included in the employee’s taxable gross subject to all employment and income taxes.

Federal, State, and New York City income tax withholding will be calculated using the Aggregate method. Yonkers income tax withholding will be calculated using the Flat Rate method (1.95975% for Yonkers residents and 0.50% for Yonkers non-residents).

Special Wage Payments for Individuals Who Filed for Retirement Social Security Benefits:

Per Internal Revenue Service Publication 957, OSC will be reporting retroactive payments made to individuals who have filed for Social Security benefits to the Social Security Administration (SSA).

As PayServ does not include this information, OSC will be mailing a Request for Special Wage Payment Report to inactive individuals who are 62 or older in the calendar year and to active employees with the New York Retiree Indicator checked in Modify a Person who receive the retroactive payment. Recipients of this mailing will be asked to fill out the request and return it to OSC for inclusion on the Special Wage Payment Report to SSA. This report will be submitted to SSA after the close of the 2024 tax year.

It is important that agencies ensure the New York Retiree Indicator box is checked for rehired retirees. Please see Payroll Bulletin No. 1728 – New York Retiree Indicator for further details on the New York Retiree Indicator box.

Payroll Register and Employee’s Paycheck/Advice:

All retroactive adjustments will be displayed on the Payroll Register using the appropriate Earnings Code and amount paid. Retroactive adjustments will also be displayed on employees’ paycheck stub or direct deposit advice using the appropriate Earnings Description and amount paid, unless the number of Earnings Codes exceeds 13. Agencies should utilize Locked Query LQ_PCD_PAYCHECK_EARNINGS_BY_ID to identify a complete list of regular earnings and retroactive adjustments if there are more than 13 Earnings Codes.

Undeliverable Checks:

When a valid payroll check is undeliverable due to the agency’s inability to locate the employee, the agency should follow the Agency Actions identified in Payroll Bulletin No. 1786 – Non-Negotiated and/or Undeliverable New York State Payroll Checks.

Checks issued to eligible employees who are now deceased should be submitted as a Stop Payment Request with a reason of Exchange in PayServ. The Report of Check Exchange (AC 1476-P), Next of Kin Affidavit (AC 934-P), and original death certificate should be submitted to the Payroll Reversal and Exchange mailbox at the same time as the Stop Payment Request. If a Next of Kin Affidavit has been previously submitted for a deceased employee’s payroll check, OSC will accept a photocopy of this form along with a new Report of Check Exchange.

Questions:

Questions regarding this bulletin may be directed to the Payroll Earnings mailbox.

Questions regarding military information may be directed to the Military Stipend mailbox.

Questions regarding general deductions may be directed to the Payroll Deduction mailbox.

Questions regarding taxes may be directed to the Tax and Compliance mailbox.