Purpose

To explain the extension of Military and Training Leave Benefits and Stipends and OSC’s process for the Military Stipend recalculation effective January 1, 2008 and January 1, 2009.

Affected Employees

All salaried (full and part-time), hourly, and per diem employees in CSEA, PEF, DC-37, Council 82, NYSCOPBA, UUP, GSEU, PBA and NYSPIA, and those employees designated Management/Confidential

Effective Date(s)

The extension of benefits is effective 1/1/09 for all eligible employees

These recalculations will be entered by OSC in Pay Period 21L (Administration) and 22L (Institution)

Background

Each Memorandum of Understanding between the parties listed above and New York State has extended Military Leave Benefits through December 31, 2009 in response to the continuing need for New York State employees in the National Guard and Reserves to be activated federally or by the Governor for military service related to the war on terror.

The extension of the benefit provides for a recalculation of the Military Stipend as detailed below:

For employees who utilized Leave at Reduced Pay or Training Leave at Reduced Pay prior to calendar year 2009, the Military Stipend for the first use of either leave category at any time between January 1, 2008 and December 31, 2009 shall be calculated as follows:

2008

• Those employees on Training Leave at Reduced Pay or Leave at Reduced Pay on January 1, 2008 shall have a recalculation of the Military Stipend for either leave category based on the employee's State salary (base pay plus Location Pay plus Geographic differential) as of January 1, 2008, reduced by the military pay rate used in calculating the most recent period in either reduced pay status prior to 2008.
• For those employees whose first use of either reduced pay category occurs between January 2, 2008 and December 31, 2008, the Military Stipend shall be based on the employee's State salary (base pay plus Location Pay plus Geographic differential) as of the last day in full pay status prior to first use of Leave at Reduced Pay or Training Leave at Reduced Pay after January 1, 2008, reduced by the military pay rate used in calculating the most recent period in either reduced pay status prior to 2008.

2009

• Those employees on Training Leave at Reduced Pay or Leave at Reduced Pay on January 1, 2009 shall have a recalculation of the Military Stipend for either leave category based on the employee's State salary (base pay plus Location Pay plus Geographic differential) as of January 1, 2009, reduced by the military pay rate used in calculating the most recent period in either reduced pay status prior to 2009.
• For those employees whose first use of either reduced pay category occurs between January 2, 2009 and December 31, 2009, the Military Stipend shall be based on the employee's State salary (base pay plus Location Pay plus Geographic differential) as of the last day in full pay status prior to first use of Leave at Reduced Pay or Training Leave at Reduced Pay after January 1, 2009, reduced by the military pay rate used in calculating the most recent period in either reduced pay status prior to 2009.

For employees who have not utilized Leave at Reduced Pay or Training Leave at Reduced Pay prior to calendar year 2009, the Military Stipend for the first use of either leave category at any time between January 1, 2008 and December 31, 2009 shall be calculated as follows:

• The Military Stipend shall be based on the employee's State salary (base pay plus Location Pay plus Geographic differential) as of the last day in full pay status prior to first use of Leave at Reduced Pay or Training Leave at Reduced Pay, reduced by the military pay (defined as base pay plus housing and food allowances) as of the first day in Leave at Reduced Pay or Training Leave at Reduced Pay status.

For all employees, regardless of whether reduced pay benefits were used prior to 2008 or 2009, the Military Stipend calculated for first use of Leave at Reduced Pay or Training Leave at Reduced Pay in 2005 or 2006 or 2007 shall be used for any subsequent period of leave under either category in 2008 or 2009.

OSC Actions – Recalculation of Military Stipends

OSC will review all employees who are on Military Stipend on 1/1/08 and 1/1/09, with or without pay, and recalculate the biweekly stipend. If the employee had a salary change in calendar years 2007 or 2008, the new biweekly wage amount will be used. The military wages on record for a pay period will be compared to the employee’s new biweekly State salary. If an increased amount for the Military Stipend is due or an employee now becomes eligible to receive a stipend, OSC will update the employee’s record to reflect the increase.

Any new salary not reflected in the employee’s history will be entered in the General Comments page.

The new stipend amount will be entered on the Job Data page using the Action/Reason code of Pay RtChg/MSC (Pay Rate Change/Military Stipend Change).

These recalculations will be entered by OSC in Pay Period 21L (Administration) and 22L (Institution).

Agencies will be notified by Correction Sheet of any biweekly stipend changes or employees who are now eligible to receive a biweekly stipend.

For any Military Leaves under this benefit that first occur after 1/1/08, the salary at the time of the Leave will be used. The extension does not authorize a subsequent adjustment (after the 1/1/08 or 1/1/09 recalculation or after an initial calculation for a Military Leave occurring after 1/1/08) to be made to the Military Stipend to reflect raises, Longevity Pay, or other types of pay that might otherwise apply to the employee's salary. Those changes will be reflected in the employee's salary upon return to State service.

Refer to Payroll Bulletin No. 276 for information regarding procedures for processing Military Stipend leaves and payments.

Questions

Questions about the benefit may be directed to the Department of Civil Service.

Questions about this bulletin may be e-mailed to the Payroll Audit mailbox.