Pursuant to the negotiated agreements, employees in positions in the Administrative, Operational or Institutional Services Units, Professional Scientific and Technical Services Unit, Rent Regulation Services Unit, Division of Military and Naval Affairs Unit, Security Services/Supervisors Units or Management/Confidential may be compensated for Out-of-Title services performed in a higher grade/position. Such awards by the Governor’s Office of Employee Relations are determined at Step 3 of an employee-filed grievance (New York Grievance Appeals Board governs Management/Confidential grievance decisions).

On receipt of the grievance, GOER forwards it to the Director of Classification and Compensation for review and decision. If the resultant decision is in favor of the employee, the monetary award is calculated as follows:

1. The annual salary is determined by the percentage on promotion method,
2. The retroactive salary adjustment may not cover any period earlier than:

• Fifteen calendar days prior to the date the grievance was filed for an employee in the Administrative, Operational or Institutional Services Units, Professional, Scientific and Technical Services Unit, Rent Regulation Services Unit, Division of Military and Naval Affairs Unit, Security Services Unit or Security Supervisors Unit.
• Forty-five days prior to the filing date of the grievance for an employee in Management/Confidential

The approved Out-of-Title Grievance and any extension letters will be available for view on NYSTEP by the employees’ agency and OCS payroll personnel.

Calculating the Settlement

1. Determine the employee’s salary in their current position for the period covered in the settlement.
2. Determine the amount earned if the employee was in the out-of title position for the period of the settlement.
   1. Use the appropriate bargaining unit’s Salary Charts.
   2. Calculate the salary by using the promotional percentage method (including LLS where appropriate) or the hiring rate of the higher grade, whichever salary is higher. Note that the Job Rate of the higher grade can be exceeded using the promotion method.
   3. Use only the annual salary (no Additional Pay factors) when determining the out-of-title salary. Exception: If a PEF employee has a longevity bonus (LLS) paid after 9/14/04 in the lower grade, add the longevity payment to the annual salary and then promote to determine the new salary. (However, use the hiring rate of the higher grade if it is a higher dollar amount.)
   4. Subtract the Salary of the lower grade from the newly calculated higher grade salary.
   5. Multiply the results from Step D by the appropriate factor (.038356 or .038251 for Leap Year) to determine the difference in the biweekly amounts.
   6. Multiply the result of Step E by the number of pay periods to be paid. (Example: To pay an employee 8 pay periods and 4 days, multiply the result from Step E by 8.4 to determine the total owed for that timeframe.)
   7. Repeat Steps A-F each time there is a salary change on the employee’s record during the time indicated in the Step 3 Grievance settlement.

It is agency responsibility to adjust overtime to reflect out-of-title work. It should be calculated the same way as annual overtime.

Agency Responsibilities

1. Make sure that the completed, signed copy of the Step 3 Grievance from GOER has been entered on NYSTEP.
   • M/C can be entered into NYSTEP or a copy may be sent to OSC
2. Extension Letters 1, 2 or 3 as applicable are entered on NYSTEP
3. General Comments must be entered into PayServ, including:
   • The grade the employee was being paid during the timeframe noted.
   • The grade GOER determined the employee was working out-of-title in during the timeframe noted.
   • The dates to be paid
   • The calculation of the difference in pay between the two grades for each change in the employee’s salary during the disputed time.
   • The total amount of Overtime to be paid (if any) at the higher rate.
   • The total amount to be paid in Time Entry
4. Enter the amount to be paid using the Time Entry Code S3G on the Time Entry Page as follows:
   • Earnings Begin Date
   • Earnings End Date
   • S3G amount
   • Time Entry Comments: See General Comments

Amounts should be entered as follows:

• As a lump sum amount using the first and last days of the settlement (or the last day of the current pay period if there will be future bi-weekly payments as part of the settlement or extension) or
• Biweekly payments until the settlement/extension have been satisfied.
• Split payments by Fiscal Year
• Split payments by salary changes as indicated on the Job Data page

Resources and other notes

Payroll Bulletin 433 Issued October 24, 2003 for processing instructions.

CSEA Administrative Services Unit (Bargaining Unit 02)

CSEA Operational Services Unit (Bargaining Unit 03)

CSEA Institutional Services Unit (Bargaining Unit 04)

Professional, Scientific and Technical Services Unit (Bargaining Unit 05)

Division of Military and Naval Affairs (Bargaining Unit 47)

Rent Regulation Services Unit (Bargaining Unit 67)

Security Services Unit (Bargaining Units 01, 21)

Security Supervisors Unit (Bargaining Units 61, 91)

Should the employee subsequently be promoted to the Out-of-Title position, an Award payment does not entitle the employee to additional performance increment/advance service credit, revised anniversary date or salary reinstatement benefit.

Payment of Out-of-Title Awards do not require any changes to the employee’s line item, grade, title or annual salary on the payroll.