State Agencies Bulletin No. 1989.3

Subject
Pilot Program Establishing a Temporary Overtime Rate for Employees in Certain Titles Represented by the Public Employees Federation (PEF) or the Civil Service Employees Association (CSEA) Working at the Office for People with Developmental Disabilities (O
Date Issued
December 30, 2022
Status
Background Updated
Status Date
December 30, 2022

This bulletin supersedes Payroll Bulletin No. 1989.2.

Purpose:

The purpose of this bulletin is to provide information and processing instructions regarding the implementation of a pilot program establishing a temporary overtime rate for employees in certain titles represented by PEF or CSEA working at OPWDD.

Affected Employees:

Employees in certain Operational Services Unit (BU03), Institutional Services Unit (BU04), or Professional, Scientific, and Technical Services Unit (BU05) titles who work at OPWDD are affected.

Background:

The Memorandum of Agreements (MOAs) between the State of New York, OPWDD, CSEA, PEF, NYSCOPBA, and Council 82 (C82) allows OPWDD to establish a temporary overtime rate of 2.5 times the employee’s regular rate of pay for employees in certain titles.

The new overtime rate shall apply to all overtime earned during shifts that begin at or after 11:00 pm on 12/01/2021 and at or before 10:59 pm on 12/31/2022. For any shift that begins at or after 11:00 pm on 12/31/2022, the overtime rate shall revert to the rate in place prior to implementation of the pilot program unless extended by mutual agreement of the parties.

The overtime factor used by the New York State Payroll System (PayServ) for affected employees at OPWDD who are represented by PEF or CSEA is .00120.

Effective Dates:

The new overtime rate is effective at 11:00 pm on 12/01/2021. Agencies should begin using the new Time Entry Overtime Earnings Codes in Institution Pay Period 19L, checks dated 12/30/2021.

Eligibility Criteria:

Employees who work at OPWDD and have overtime earnings effective 11:00 pm on 12/01/2021 through the end of the pilot program in one of the following titles must be paid at a rate of 2.5 times their regular rate of pay using one of the new Time Entry Overtime Earnings Codes:

Title Job Code Title Code
Assoc Psychologist 005976 6160400
Audiologist 2 005854 5931220
Bus Driver 007011 7617200
Cleaner 003205 3014000
Cook 003232 3102300
Dev Assnt 1 005694 5546110
Dev Assnt 1 (IRM) 005695 5546111
Dev Assnt 2 005697 5546120
Dev Assnt 3 005698 5546130
Dev Asst Tr 005693 5546100
Dev Disblts Scr C T A 1 005713 5557610
Dev Disblts Scr C T A 1 MC 022165 5557616
Dev Disblts Scr C T A 1 SL 005714 5557615
Dev Disblts Scr C T A 2 005715 5557620
Dev Disblts Scr C T A Tr 016883 5557601
Dietitian 1 003228 3101100
Dietitian 2 003229 3101200
Direct Support Assistant 020485 5545030
Direct Support Assistant (IRM) 020486 5545035
Direct Support Assistant (MC) 019681 5545040
Disaster Preparedness Prg Rep 2 008189 9129200
Facility Operations Assistant 1 022272 3010100
Facility Operations Assistant 1 (Grounds) 023165 3010120
Facility Operations Assistant 2 (Grounds) 023167 3010210
Fire & Safety Rep 007115 7886110
Food Service Worker 1 003264 3124200
Food Service Worker 2 003266 3124300
Food Service Worker 3 003268 3124400
Habiltatn Spec 1 004919 3930100
Habiltatn Spec 2 004923 3930200
Head Cook 003233 3102600
Head Housekeeper 003192 3004600
Head Occupl Therapist 005817 5901600
Head Physical Ther 005784 5700600
Head Recreation Ther 005837 5903600
Housekeeper 003189 3004000
Janitor 003207 3016000
Lic Mstr Soc Wrkr 1 019228 8156100
Lic Mstr Soc Wrkr 2 018994 8156200
Licensed Practical Nurse 005594 5500200
Licensed Psychlgst 005975 6160300
Maintenance Assistant 006803 7202000
Maintenance Assistant (Carpenter) 006805 7202100
Maintenance Assistant (Painter) 006808 7202150
Maintenance Supervisor 1 006775 7101300
Maintenance Supervisor 1 (Elec Equip) 022922 7101330
Maintenance Supervisor 1 (Motor Equip) 022923 7101340
Maintenance Supervisor 2 006776 7101500
Maintenance Supervisor 2 (Motor Equip) 023086 7101550
Maintenance Supervisor 3 006800 7150300
Motor Vehicle Operator 007010 7616100
Nurse 1 005598 5500510
Nurse 2 005601 5500520
Occupl Therpy Ast 1 005812 5900201
Occupl Therpy Ast 2 005813 5900202
Physcl Ther Asnt 2 005789 5702302
Plant Utilities Assnt 006985 7520010
Plant Utilities Engineer 1 006990 7520100
Plant Utilities Engineer 2 006991 7520200
Plant Utilities Engineer 3 006992 7520300
Psychologist 1 005986 6160110
Psychologist 2 005971 6160120
Psychology Assnt 3 005984 6161230
Recreation Ther 005824 5903200
Recreation Worker 005834 5903400
Rehab Assnt 1 005375 5216101
Rehab Assnt 2 005377 5216202
Rehab Cnslr 1 007603 8341260
Rehab Cnslr 2 007604 8341270
Senior Licensed Practical Nurse 1 005595 5500201
Senior Licensed Practical Nurse 2 005596 5500202
Senr Occupl Ther 005815 5901300
Senr Physical Ther 005783 5700300
Senr Recreation Ther 005831 5903300
Soc Work Assnt 1 007365 8159110
Soc Work Assnt 2 007367 8159120
Soc Work Assnt 2 SL 007368 8159121
Soc Work Assnt 3 007369 8159130
Soc Work Assnt 3 SL 007370 8159131
Soc Worker 1 007373 8159210
Speech Lan P A Pg C 1 005857 5932510
Speech Lan P A Pg C 2 005858 5932520
Speech Lang Pathgst 1 005855 5932310
Speech Lang Pathgst 2 005856 5932320
Supervising Housekeeper 003191 3004500
Supervisor Grounds 000833 1001500
Trades Generalist 023166 7120000
Trades Specialist (Carpenter) 023168 7120100
Trades Specialist (Electrician) 023172 7120120
Trades Specialist (Locksmith) 023177 7120140
Trades Specialist (Mason & Plasterer) 023179 7120150
Trades Specialist (Painter) 023171 7120110
Trades Specialist (Plumber & Steamfitter) 023182 7120160

OSC Actions:

OSC has created the following new Time Entry Earnings Codes to report overtime and overtime related payments for employees eligible to receive overtime at 2.5 times their regular rate of pay:

New 2.5x Earns Code Description Associated Retro Code Original Earns Code
C25 Covid-19 OT for Ann 2080 2.5 RC5 C72
CD2 Covid-19 OT Over 16HR 2.5 RD2 C16
CH5 Covid-19 OT Hourly/Biweekly 2.5 RO5 O19
H25 Hospital Duty OT 2.5 RD5 HDO
O25 OT for Ann 2080 2.5 R25 OCS
OD2 OT Over 16HR OMH/OPWDD 2.5 R56 O16
OH5 OT Hourly/Biweekly 2.5 RH5 OTK
OI5 OT 2.5 with Int/Part Inc 2080 N/A OIP/OIC/OIS
OR5 OT Recall Ann 2080 2.5 RR5 ORC
OS5 Recall Standby OT PEF 2.5 RS5 ORP
SO5 Recall Standby OT CSEA Class 2.5 RA5 ORS
ST2 Standby OT Adjust CSEA 2.5 RA2 SOY
ST5 Standby OT Adjust PEF 2.5 RP5 SOP

Agencies should continue using either Earnings Code OTO – OT Override or Earnings Code CVO – Covid-19 OT Override for overtime payments that cannot be calculated by PayServ.

Agency Actions:

Beginning Institution Pay Period 19L

To report overtime earnings related to the pilot program effective beginning 11:00 pm on 12/01/2021 (Institution), agencies must submit the appropriate New 2.5x Earns Code (as listed in OSC Actions above) on the Time Entry page or the Time Entry Interface (NPAY502) using the following procedures:

Earnings Begin Date: Effective date started
Earnings End Date: Effective date ended
Earn Code: Enter appropriate code
Hours/Units/Amount: Number of Hours/Units/Amounts, as applicable

Agencies must use the overtime factor of .00120 in the calculation when submitting any payments using Earnings Code OTO – OT Override or Earnings Code CVO – Covid-19 OT Override. Agencies must include an explanation in General Comments or Time Entry Comments that this payment has been calculated at 2.5 times the employee’s regular rate of pay as part of this pilot program.

Note: Agencies must split overtime earned before 11:00 pm on 12/01/2021 from overtime earned at or after 11:00 pm on 12/01/2021 due to the difference in the OT rate approved for payment.

Previously Paid Overtime Using Earnings Code OTO or Earnings Code CVO

If an eligible employee was previously paid overtime for the period identified above using Earnings Code OTO and a calculation using the overtime factor of .00072, the agency must calculate the correct earnings amount using the overtime factor of .00120 and enter the difference owed using Earnings Code AOR, the original Earnings Begin Date, and original Earnings End Date.

If an eligible employee was previously paid overtime for the period identified above using Earnings Code CVO and a calculation using the overtime factor of .00072, the agency must calculate the correct earnings amount using the overtime factor of .00120 and enter the difference owed using Earnings Code ACO, the original Earnings Begin Date, and original Earnings End Date.

Previously Paid Overtime Using the Remaining Earnings Codes Listed Above

If an eligible employee was previously paid overtime for the period identified above using the original Earns Code, the agency must update these records on the Time Entry Page or Time Entry Interface as follows:

  • Enter the original Earns Code, original Earnings Begin Date, original Earnings End Date, and original Hours/Units/Amount as a negative value.
  • Enter the corresponding New 2.5x Earns Code, the original Earnings Begin Date, original Earnings End Date, and original Hours/Units/Amount as a positive value.

Retirement Information:

Payments using the earnings codes mentioned above are included as salary for retirement purposes.

Tax Information:

These earnings are taxable income, will be included in the employee’s taxable gross, and are subject to all employment and income taxes. Income taxes will be calculated using the employee’s current withholding elements in PayServ.

Retro Codes (RC5, RD2, RO5, RD5, R25, R56, RH5, RR5, RS5, RA5, RA2, and RP5) are supplemental taxable income and will be included in the employee’s taxable gross subject to all employment and income taxes.

Federal, State, and New York City income tax withholding will be calculated using the Aggregate method. Yonkers income tax withholding will be calculated using the Flat Rate method (2.30815%for Yonkers residents and 0.50% for Yonkers non-residents).

Questions:

Questions regarding this bulletin may be directed to the Payroll Earnings mailbox.

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