Division of Housing and Community Renewal Bulletin No. DH-82

Subject

October 2016 District Council 37 (DC-37) Rent Regulation Services Unit Longevity Lump Sum (LLS) Payment

Date Issued

September 14, 2016

Purpose

To inform the Division of Housing and Community Renewal of OSC’s automatic processing of the October 2016 Rent Regulation Services Unit (RRSU) LLS payment and provide instructions for payments not processed automatically.

Affected Employees

Employees in the Rent Regulation Services Unit – BU67 in the Division of Housing and Community Renewal with an increment code of 0510, 0610, 0710, 0810, 0910, 1010 or 1000 who meet the eligibility criteria.

Note: Increment Code 1000 was created to indicate job rate credit minimum of 10 years (October 2004 or earlier) for employees who were previously established on the October LLS payment cycle at the time of appointment to a lower graded position. Refer to OSC Actions – Automatic Processing for additional information.

Background

Chapter 182 of the Laws of 2014, which implemented the 2011-2016 Agreement between the State of New York and DC-37, provides for payment of the 2016-2017 Longevity Payment effective October 2016 as a one-time, lump sum payment in the amount of $1,250 or $2,500.

Upon expiration of the 2011-2016 Agreement, employees eligible for longevity payments as of April 1, 2016 and before shall continue to receive them, in the event no successor Agreement is in place. Employees who were eligible for an LLS payment in October 2015 shall continue to receive LLS payment in each succeeding October, at the same rate received in October 2015, until a successor Agreement is negotiated. Payments will be made to such employees in October 2016 provided they continue to meet the eligibility criteria.

In addition, any employee who becomes eligible for an LLS payment for the first time after April 1, 2016 shall not receive the payment until a successor agreement is negotiated.

Effective Date(s)

Payment is effective 10/01/16 and will be processed in a separate check dated 10/19/16 (Administration Pay Period 13L). There is no direct deposit for this payment.

Eligibility Criteria

Employees in graded positions (Grade 001-032) and NS positions (Grade 600) which are equated to a grade (Grade 001-032) are eligible for the October 2016 RRSU LLS payment provided the employee:

Is Active, on a Leave With Pay or on an Unpaid Military Stipend Leave in a BU67 position on 09/30/16; and
Has a Pay Basis Code of ANN or BIW (only if the employee is on a Paid Military Stipend Leave) on 09/30/16; and
Has six (6) or more years or eleven (11)* or more years of continuous service** at a base annual salary equal to or greater than the Job Rate of the employee’s grade (based on the 04/01/15 Salary Schedule) as of 09/30/16; and
Did not receive an “Unsatisfactory” evaluation on their last rating date. Employees who were not rated or not reported as “Unsatisfactory” in PayServ during the period will receive the payment.

*Until a successor Agreement is negotiated, employees with ten (10) years at Job Rate will continue to receive the amount of LLS as eligible in October 2015.Newly eligible employees with five (5) years at Job Rate will not receive a payment.

**Continuous service, as used in determining eligibility for the LLS payment, is paid service (including part-time annual salaried service, Paid Military Leave and Sick Leave at Half Pay) or time on Workers’ Compensation Leave or Unpaid Military Leave.

Note: If an employee first meets the five year continuous service at Job Rate criteria in October 2016, the employee becomes established and remains on the October LLS payment cycle even if the employee does not receive the October 2016 LLS payment due to an “Unsatisfactory” rating. In addition, if the employee has any subsequent time off the payroll, the increment code must be evaluated and if an update is required, the new increment code must continue to reflect payment eligibility on the October cycle.

The following employees may become eligible for the October 2016 RRSU LLS payment upon processing of the April 2016 or October 2016 RRSU Performance Advance which results in Job Rate:

Upward Reallocation: An employee occupying a position on 09/30/16 that was previously upward reallocated, whose salary at the time of the reallocation was equal to or greater than the Job Rate of the lower graded position and whose salary upon application of the April 2016 or October 2016 RRSU Performance Advance is equal to the Job Rate of the reallocated position (based on the 04/01/16 Salary Schedule) is entitled to the job rate credit for service in the lower grade.

The increment code of an employee who received the April 2016 RRSU Performance Advance that resulted in a salary equal to the Job Rate of the reallocated position was updated from 0001 to 2016.
The increment code of an employee receiving the October 2016 RRSU Performance Advance that results in a salary equal to the Job Rate of the reallocated position will be automatically updated from 1001 to 1610.
These employees may be eligible for but will not receive an automatic October 2016 RRSU LLS payment. If the employee’s combined job rate credit equals six (6) or more years or eleven (11) or more years, the agency must submit a transaction to make the LLS payment. In addition, the agency must submit a Data Chg on the Job Action Requests page using the same effective date as the performance advance, the Reason Code CIC (Chg IncCd/or AnnDt/or FIS Sal) and an increment code reflecting the combined job rate credit in the Incr. Code field.

Lateral Position Change from a Non-RRSU Position Where the Employee’s Salary was Equal to or Greater Than Job Rate to an RRSU Position with a Higher Job Rate: An employee with a salary equal to or greater than the Job Rate of their salary grade, who had a lateral position change to an RRSU position with a higher Job Rate, whose salary upon application of the April 2016 or October 2016 RRSU Performance Advance is equal to the Job Rate in the RRSU position is entitled to job rate credit for service in the non-RRSU position.

The increment code of an employee who received the April 2016 RRSU Performance Advance that resulted in a salary equal to the Job Rate was updated from 0001 to 2016.
The increment code of an employee receiving the October 2016 RRSU Performance Advance that results in a salary equal to the Job Rate will be automatically updated from 1001 to 1610.
These employees may be eligible for but will not receive an automatic October 2016 RRSU LLS payment. If the employee’s combined job rate credit equals six (6) or more years or eleven (11) or more years, the agency must submit a transaction to make the LLS payment. In addition, the agency must submit a Data Chg on the Job Action Requests page using the same effective date as the performance advance, the Reason Code CIC (Chg IncCd/or AnnDt/or FIS Sal) and an increment code reflecting the combined job rate credit in the Incr. Code field.

The following employees will become eligible for the October 2016 RRSU LLS payment during 2016-2017:

Leave of Absence/Preferred List on 09/30/16: An employee who otherwise qualifies for the October 2016 RRSU LLS payment but is on an approved leave of Absence (including Workers’ Compensation Leave or Unpaid Military Leave) or is on a preferred list on 09/30/16 becomes eligible if they return to the payroll or are appointed to an eligible position between 10/01/16 and 09/30/17. There is no minimum service requirement following the employee’s return to active payroll status.

Demotions after 09/30/16: An employee who is not eligible for the October 2016 RRSU LLS payment on 09/30/16 becomes eligible if the employee returns to a lower graded position between 10/01/16 and 09/30/17, provided the employee:

Otherwise would have been eligible if the employee had been in the lower graded position on 09/30/16 and remains in the lower graded position for at least six (6) full pay periods; and
The promotion was temporary and the employee has been reinstated to their previous position or has been appointed to another lower graded qualifying position; or
The promotion was permanent, but the demotion occurred:
- In lieu of layoff; or
- Voluntarily during the probationary period; or
- As a result of failure of the probationary period.

Note: An employee demoted as a result of a disciplinary action or who takes a voluntary demotion from a permanent position after the completion of the probationary period in the higher grade is not eligible for an LLS payment in the lower grade.

For instructions on submitting transactions to make the October 2016 RRSU LLS payment, see Agency Action – Payments Not Processed Automatically.

Control-D Report and Agency Actions Prior to Payment

Prior to the automatic processing of the October 2016 RRSU LLS payment, the following Control-D report will be available for agency use.

NPAY756 – Longevity Lump Sum (LLS) Eligibility Listing

This report is a preliminary listing of employees who appear eligible for the October 2016 LLS payment based on information available as of the date the report is produced. The report was created and made available on 09/02/16.

Agencies should review the listing carefully paying particular attention to the following:

Employees who appear on the listing but are ineligible due to an “Unsatisfactory” evaluation on their last rating date.
The ‘LAST LLS Date’ and ‘PMT AMT’ fields, if applicable. If the employee received an LLS payment after October 2015, ensure it represents an October 2015 payment and not a prior April payment. If the payment represents an April LLS payment, the agency must review the employee’s increment code and if necessary, contact OSC using the Payroll Earnings mailbox to request assistance in determining the appropriate action.

The following corrections to the preliminary listing should be submitted on the Correction Sheet. The form may be duplicated if additional copies are needed.

Add employees who do not appear on the listing, such as:
- Eligible employees in NS positions where the equated grade does not appear on the Position Data page. Agencies must submit documentation supporting the salary equation with the Correction Sheet.
- Eligible employees who are in a composite position (identified by Increment Code 2222) even though the agency must submit a transaction to make the payment.
- Employees whose positions were downward reallocated and were eligible based on the prior grade (identified by Increment Code 0069) even though the agency must submit a transaction to make the payment.
Delete the employees who should not appear on the listing, such as:
- Employees with an “Unsatisfactory” evaluation on their last rating date. In addition, in order to prevent the payment, the agency must submit a Data Chg on the Job Action Requests page using the employee’s last rating date as the effective date, the Reason Code USP (Unsat Perf) and an increment code of 7777 in the Incr. Code field.
Identify employees appearing on the listing who have incorrect information appearing in PayServ affecting their eligibility for the LLS payment. In addition, the agency must submit the appropriate transaction to correct the information.

Do not add or delete employees whose eligibility will change due to transactions that will be processed prior to or in Administration Pay Period 13L.

Correction Sheets should be submitted as soon as possible but must be received no later than 10/02/16. Please fax completed Correction Sheets to (518) 402-4949 and send an email to the Payroll Earnings mailbox stating that a Correction Sheet has been faxed; please include the Department ID and ‘LLS Correction Sheet’ in the Subject line.

OSC Actions – Automatic Processing

OSC will process the October 2016 RRSU LLS payment for those employees who meet the eligibility criteria by inserting a row on the employee’s Additional Pay page as shown below. The payment amount is $1,250 for employees with six (6) or more years of continuous service (identified by Increment Code 0610, 0710, 0810, 0910 or 1010) or $2,500 for employees with eleven (11) or more years of continuous service (identified by Increment Code 0510), or a prorated amount.

Employees who are on a Voluntary Reduction in Work Schedule (VRWS) on 09/30/16 receive the full LLS payment amount based on the employee’s increment code. Agencies must verify that the Full/Part field on the Job Data/Job Information page is ‘Voluntary’.
Employees who are on a Leave With Pay with an Action/Reason Code of Paid Leave of Absence/SKL (Sick Lv) on 09/30/16 receive an amount based on the employee’s increment code and percentage. The full LLS payment amount based on the employee’s increment code is multiplied by the employee’s Empl Work Percent on the Job Data/Job Information page prior to the leave.
All other employees (including employees on a Leave With Pay, Paid Military Stipend Leave and Unpaid Military Stipend Leave) receive an amount based on the employee’s increment code and percentage in effect on 09/30/16. The full LLS payment amount based on the employee’s increment code is multiplied by the employee’s Empl Work Percent on the Job Data/Job Information page in effect on 09/30/16.

Note: Increment Code 1000 was created to indicate job rate credit of a minimum of 10 years (October 2004 or earlier including pre-PayServ) for employees established on the October LLS payment cycle in a prior position at the time of appointment to a lower graded position to allow payment to continue on that payment cycle. This increment code is used for employees in bargaining units designated RRSU or CSEA only.

The Additional Pay page will be populated for eligible employees with the following information:

Earnings Code:	LLS
Effective Date:	10/01/16
OT Eff Date:	10/01/16
Annual Addl Earnings:	$1250 or prorated amount (Increment Codes 0610, 0710, 0810, 0910, 1010) $2500 or prorated amount (Increment Code 0510, 1000)
End Date:	09/30/17

Agency Actions – Payments Not Processed Automatically

Agencies must submit transactions to make the October 2016 RRSU LLS payment to the following employees:

Increment Code 0069 on 09/30/16: Agencies must submit transactions for eligible employees whose position on 09/30/16 was previously downward reallocated. Transactions should be submitted beginning in Administration Pay Period 13L; the effective date of the LLS payment should be 10/01/16. The LLS payment amount should be calculated as explained in OSC Actions – Automatic Processing and based on the employee’s job rate credit in the grade prior to the reallocation.
Increment Code 2222 on 09/30/16: Agencies must submit transactions for eligible employees who are in a composite position on 09/30/16. Transactions should be submitted beginning in Administration Pay Period 13L; the effective date of the LLS payment should be 10/01/16. The LLS payment amount should be calculated as explained in OSC Actions – Automatic Processing and based on the increment code of the employee’s qualifying position (noted in General Comments) and the percentage attributed to such position on 09/30/16. Information regarding the composite position must be included on the General Comments page.
Upward Reallocation: Agencies must submit transactions for eligible employees whose position on 09/30/16 was previously upward reallocated and whose salary upon application of the April 2016 or October 2016 RRSU Performance Advance is equal to the Job Rate of the reallocated position (based on the 04/01/15 Salary Schedule) as explained above. Transactions should be submitted in Administration Pay Period 14L; the effective date of the LLS payment should be 10/01/16. The LLS payment amount should be calculated as explained in OSC Actions – Automatic Processing and based on the employee’s adjusted increment code indicating job rate credit.
Lateral Position Change: Agencies must submit transactions for eligible employees with a salary equal to or greater than the Job Rate in a non-RRSU position, who had a lateral position change to an RRSU position with a higher Job Rate and whose salary upon application of the April 2016 or October 2016 RRSU Performance Advance is equal to the Job Rate in the RRSU position (based on the 04/01/15 Salary Schedule) as explained above. Transactions should be submitted beginning in Administration Pay Period 14L; the effective date of the LLS payment should be 10/01/16. The LLS payment amount should be calculated as explained in OSC Action – Automatic Processing and based on the employee’s adjusted increment code indicating job rate credit.
Leave of Absence on 09/30/16: Agencies must submit transactions for employees who are otherwise eligible on 09/30/16 to receive the payment but whose Payroll Status is Leave of Absence (except those on Unpaid Military Stipend Leave) and who return from such leave between 10/01/16 and 09/30/17 as explained above. Transactions should be submitted in the pay period the return from leave is processed; the effective date of the LLS payment should be the same as the Return from Leave effective date. The LLS payment amount should be calculated as explained in OSC Action – Automatic Processing. Note: The employee’s increment code may need to be adjusted as a result of the leave of absence on 09/30/16 and could impact the employee’s October 2016 RRSU LLS eligibility.
Preferred List on 09/30/16: Agencies must submit transactions for employees who are otherwise eligible on 09/30/16 to receive the payment but who are on a preferred list and who are appointed to an eligible position between 10/01/16 and 09/30/17 as explained above. Transactions should be submitted in the pay period the appointment is processed; the effective date of the LLS payment should be the same as the appointment effective date. The LLS payment amount should be calculated as explained in OSC Action – Automatic Processing and based on the percentage associated with the eligible position.
Demotions after 09/30/16: Agencies must submit transactions for employees who are ineligible for the payment on 09/30/16 and become eligible on or before 09/30/17 due to a demotion as explained above. Transactions should be submitted after the employee completes six (6) full pay periods in the lower grade. The effective date of the LLS payment should be the same as the effective date of the demotion. The LLS payment should be calculated as explained in OSC Actions – Automatic Processing and based on information on the date of the demotion. Information regarding the reason the demotion occurred must be included on the General Comments page.

Submitting Payment

To make the October 2016 RRSU LLS payment to eligible employees who were not processed automatically, agencies must submit the following information on the Additional Pay page using Earnings Code LLS.

Earnings Code:	LLS
Effective Date:	As defined above
OT Eff Date:	Same as Effective Date
Annual Addl Earnings:	$1250 or prorated amount (Increment Code 0610, 0710, 0810, 0910, 1010) $2500 or prorated amount (Increment Code 0510, 1000)
End Date:	09/30/17 OR the last date the employee is in an eligible position (see Overtime Calculation Information)

Increment Code Correction

If the employee did not receive an automatic October 2016 RRSU LLS payment due to an incorrect increment code, in addition to submitting the LLS payment, the agency must submit a Data Chg on the Job Action Requests page using the Reason code CIC (Chg IncCd/or AnnDt/or FIS Sal) and the appropriate increment code in the Incr. Code field.

In addition, if an employee received an “Unsatisfactory” evaluation on their last rating date and the increment code was changed to 7777, the prior increment code must be reinstated after processing of the October 2016 RRSU LLS payment is complete. Beginning in Administration Pay Period 14L, the agency must submit a Data Chg on the Job Action Requests page effective 10/01/16, using the Reason code CIC (Chg IncCd/or AnnDt/or FIS Sal) and the employee’s prior increment code in the Incr. Code field.

Control-D Report Available After Processing

After the automatic processing of the October 2016 RRSU LLS payment is completed, the following Control-D report will be available for agency use.

NPAY770 – One Time Payment Report

This report identifies all employees who received the October 2016 LLS payment effective 10/01/16.

Overtime Calculation Information

The LLS payment is included in the calculation of overtime compensation (refer to the Online Payroll Manual accessed from the PayServ Bulletin Board – Payroll Manual > Earnings Manual > Payments\Withholdings > Overtime Compensation).

The October 2016 RRSU LLS payment will be included in the calculation of overtime earned from the OT Eff Date through the End Date on the employee’s Additional Pay page for Earnings Code LLS.

If an employee is appointed to an ineligible position (including a position which results in a salary below the Job Rate of the grade of the new position) effective after receiving the October 2016 RRSU LLS payment, the payment cannot be included in the compensation calculation of any overtime earned after the date of appointment. Therefore, agencies must insert a row on the Additional Pay page at the Effective Date level of Earnings Code LLS and enter the following information.

Effective Date:	Last date in eligible position (date prior to appointment)
OT Eff Date:	Same as original OT Eff Date
Annual Addl Earnings:	Same as original amount (populates automatically)
End Date:	Same as Effective Date
Goal Balance:	Same as Annual Addl Earnings (to prevent making another payment)

Retirement and Deduction Information

The LLS payment is included as salary for retirement purposes. Deductions will be taken from the LLS payment for normal retirement contributions, garnishments and federal levies.

Tax Information

The LLS payment is taxable income, will be included in the employee’s taxable gross and is subject to all employment taxes and income taxes. If the employee has any additional tax amount on the Update Employee Tax Data page, the additional amount will be deducted from both the employee’s regular paycheck and the separate paycheck.

Payroll Register and Employee’s Paycheck/Advice

The Earnings Code LLS and the amount paid will be displayed on the Payroll Register. The Earnings Description Longevity LSP and the amount paid will appear on the employee’s paycheck stub and direct deposit advice (if applicable). This payment will be made in a separate check regardless of when it is paid. The separate check will be issued with the employee’s regular paycheck or direct deposit advice based on information for that check date. There is no direct deposit for this payment.

Undeliverable Checks

If the agency has made an effort to deliver the check to the employee but the check has been returned and is undeliverable, the agency should forward the check to the NYS Department of Taxation and Finance, Division of Treasury, per instructions in Payroll Bulletin No. 908.

Checks issued to eligible employees who are now deceased should be returned with a completed Next of Kin Affidavit (Form AC 934-P) and a Report of Check Exchange (Form AC 1476-P). 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 eligibility and payment information may be directed to the Payroll Earnings mailbox.

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

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