State Agencies Bulletin No. 884

Subject
Restoration and Payment of Management/Confidential (M/C) Vacation Credits for Employees Who Have Separated from State Service
Date Issued
March 6, 2009

Purpose

To provide agencies with information about payment of vacation credits to those M/C employees who separated from State service prior to January 2, 2009.

Affected Employees

M/C employees in Negotiating Unit Codes 06, 13, 18, 40, 46, 52, 66, 79 and 96 who had elected to participate in the 2008 M/C Vacation Exchange program and separated from State service prior to January 2, 2009 or from a represented position prior to April 1, 2009.

Background

Per the resolution adopted pursuant to Section 6 of the Civil Service Law, Section 30.4 of Part 30 of the Attendance Rules in the New York State Departments and Institutions, the following was added for M/C employees who had separated from State service prior to January 2, 2009 or from a represented position prior to April 1, 2009 and who had submitted a valid vacation exchange election in 2008:

  • Restoration and payment of vacation credits that had been segregated from the employee’s accruals retroactive to the date of separation.
  • Payment of the restored vacation credits, where the total vacation credits may exceed thirty days (30) but be no more than thirty-five (35) days.

Effective Date(s)

Payments for employees who had separated from State service may be submitted beginning in Pay Period 25L, paychecks dated March 26, 2009 (Institution) and April 1, 2009 (Administration)

Agency Actions

Effective Pay Period 25L (Institution and Administration), the agency must use the following procedures when reporting the payment of the restored vacation credits. The payment is to be submitted by the agency in which the employee was Active in an M/C position on 10/1/08. However, if an employee had met the eligibility criteria in July 2008, left the M/C position and then left State service prior to 1/2/09 or from a represented position prior to April 1, 2009, the payment must be submitted by the agency where the employee had earned eligibility. The effective date is the last date in the M/C position.

The agency must use the following procedures when reporting the payment of the restored vacation credits on the Time Entry page:

Salaried Employees
Earn Code: LSA (Lump Sum Payment Vacation)
Earnings Begin Date: Enter the date prior to the employee’s separation from service.
Earnings End Date: Enter the same date as the Earnings Begin Date.
Days: Enter the number of days up to a maximum of 5.

The system will automatically calculate the amount of the restored vacation accruals using the salary and additional salary factors in effect on the date entered in the Earnings Begin Date field.

Hourly Employees and Daily Employees Paid as FEE
Earn Code: LSI (Lump Sum Payment Override)
Earnings Begin Date: Enter the date prior to the employee’s separation from service.
Earnings End Date: Enter the same date as the Earnings Begin Date.
Days: Enter the number of days up to a maximum of 5.
Amount: Enter the Amount.

Comments
Agencies must enter a comment in both General Comments and Time Entry Comments indicating that this payment has been made per this resolution.

Deduction Information

All general deductions for employees in the above bargaining units whose status is Terminated, Retired or Deceased will be automatically cancelled by OSC with the exception of the following:

Code Narrative
410 Health Care Spending Account
420 NY Dependent Care Contribution
425 Repay State Loans/Debt
426 Higher Ed Repay State Loan
428 Dependent Care
433 Total Unemployment Ins Owed
500 Medicare Deficiency
501 Social Security Deficiency
502 NYS SS/Medicare Deficiency
GARNSH Garnishments
HIATRG Regular After Tax Health
HIATSP Special After Tax Health Adj
HIBTRG Regular Before Tax Health
HIBTSP Special Before Tax Health Adj

Special processing for employees with a Nationwide Deferred Compensation or a Code 404 (Supplemental Ret Annuity Program) deduction will occur based on the employee’s termination date.

Employees in the above bargaining units who were terminated on or before January 2, 2009 will have any Code 404 or Nationwide Deferred Compensation deduction end dated so that no deduction is taken.

Agencies are advised to review employees’ deduction records when processing these payments.

Payroll Register and Employee’s Paycheck

The Earn Codes LSA or LSI will appear on the payroll register. The Earn Code description “Lump Sum Payment Vacation” or “Lump Sum Payment Override” will appear on the employee’s paycheck stub.

Questions

Questions about this Bulletin may be emailed to the Payroll Audit mailbox.