NYS Comptroller Seal

 

Bureau of State Payroll Services

 

  Date: October  24, 2003 Bulletin No. 433

Subject New Earnings Code and Procedures for Step 3 Out-of-Title Grievances
Purpose To inform Executive agencies of new procedures for processing Step 3 Out-of-Title Grievances and the new earnings code S3G.
Affected Employees Employees eligible for the awards
Effective
Date(s)
Immediately
Background Pursuant to the negotiated agreements, employees 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 employees designated 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. The New York Grievance Appeals Board governs Management/Confidential grievance decisions.

A new process for payment of Awards that allows for a continuation of out-of-title payments has been implemented in response to the new Extended Out-of-Title Agency Protocol issued by the Governor's Office of Employees Relations on 10/06/2003.
Agency Actions
Out-of-Title Step 3 Grievance Award- New Earnings code S3G 
A new earnings code, S3G-Step Three Grievance, has been created to be used in Time Entry to replace ADJ exclusively for Step 3 Out-of-Title Grievance Awards.

S3G must be reported on the Time Entry page as follows: 
               Earnings Begin Date
               Earnings End Date
               S3G Amount

Procedures for Payment of Step 3 Out-of-Title Grievance Awards

For all Out-Of-Title Step 3 Grievance Awards in Executive agencies, call the Salary Determination Unit at OSC to verify receipt of award.

For Out-of-Title Grievances (S3G) where the out-of-title work has ended and the beginning and ending dates are specified in the decision:
The agency must submit a transaction on the Time Entry page using the earnings code S3G and the same effective dates as in the decision.
A comment must be entered on the General Comments page stating the dates and calculations covered by the Grievance decision.
No other earnings are to be submitted by the agency or approved by OSC.
If the out-of-title work continues, the employee would have to pursue an additional grievance.

For Out-of-Title Grievances where the decision states a beginning date for the award, but states "until the out-of-title ceases" for the end date and the out-of-title work has ended within 30 days of the Decision:
The agency's labor relations representative must submit a letter to the Director of the Bureau of State Payroll Services stating the actual dates of the out-of-title work.
The agency must submit a transaction on the Time Entry page using the earnings code S3G and the beginning date of the decision and the ending date stated in the letter from the agency labor relations representative.
A comment must be entered on the General Comments page stating the dates and calculations covered by the Grievance decision.
No other earnings are to be submitted by the agency or approved by OSC.
If the out-of-title work continues, the employee would have to pursue an additional grievance.

For Out-of-Title Grievances where the decision states a beginning date for the award, but states "until the out-of-title ceases" for the end date and the out-of-title work continues, OSC will continue to approve payments in subsequent pay periods according to the following procedure:
The agency's labor relations representative or payroll office representative must submit a letter to the Director of the Bureau of State Payroll Services stating that the out-of-title work will continue and the expected end date, not to exceed six pay periods from the date of the decision.
The agency must submit a transaction on the Time Entry page using the earnings code S3G for the period beginning with the date of the decision and ending with the end of the current pay period.
A comment must be entered on the General Comments page stating the dates and calculations covered by the Grievance decision.
The agency must continue to submit additional S3G transactions for each subsequent pay period that the out-of-title continues up to six pay periods beyond the original decision or the expected end date stated in the letter from the agency labor relations representative, whichever is earlier.
If the out-of-title work continues beyond the date specified in the letter from the agency labor relations representative and the agency wishes to continue paying the employee pursuant to the grievance award, the agency must send an updated letter to OSC reconfirming that the out-of-title work continues and the expected end date not to exceed an additional six pay periods.
Upon receipt of this letter by OSC, the agency can continue to submit S3G transactions in time entry for each subsequent pay period.

Processing Retroactive Promotions for Employees who Received S3G

If an employee is retroactively promoted to a position effective within a time period that was already paid by a Step 3 Out-of-Title Grievance Award, the amount paid as S3G must be recovered.

The retroactive promotion should be processed normally and Retroactive Processing will adjust regular earnings as required. A negative transaction must be entered on the Time Entry page using the earnings code S3G to recover the amount of S3G paid beyond the effective date of the promotion.

A comment must also be entered on the General Comments page to explain the transaction.


Tax Calculations Taxes for Earnings Code S3G will be calculated using the employee's current tax information on Federal, State, or Local Tax Data page unless the employee provides the agency with a new W-4 and/or IT-2104, that reflects a change in the tax marital and/or withholding statuses or a fixed tax situation.
Payroll Register and Employee Paycheck Advice The Earnings Code S3G and the amount will be displayed on the payroll register. The earnings description 'Step 3 Out-of-Title Grievance' will be displayed on the employee's check or advice.
Questions Questions regarding this bulletin may be directed to the Salary Determination mailbox.