State Agencies Bulletin No. 1999

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 Department of Corrections and Community Supervision
Date Issued
February 4, 2022

This bulletin is superseded by Payroll Bulletin No. 1999.2.

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 DOCCS.

Affected Employees

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

Background

The Memorandum of Agreement (MOA) between the State of New York, DOCCS, CSEA, and PEF allows DOCCS 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 applies to all overtime earned during shifts that begin at or after 11:00 pm on 01/12/2022 and at or before 10:59 pm on 04/06/2022 (Institution) or during shifts that begin at or after 11:00 pm on 01/19/2022 and at or before 10:59 pm on 03/30/2022 (Administration). For any shift that begins at or after 11:00 pm on 04/06/2022 (Institution) or 11:00 pm on 03/30/2022 (Administration), the overtime rate will 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 DOCCS who are represented by PEF or CSEA is .00120.

Effective Dates

The new overtime rate is effective at 11:00 pm on 01/12/2022 (Institution) or at 11:00 pm on 01/19/2022 (Administration). Agencies should begin using the new Time Entry Overtime Earnings Codes beginning in Institution Pay Period 22L, checks dated 02/10/2022.

Eligibility Criteria

Employees who work at DOCCS and have overtime earnings effective 11:00 pm on 01/12/2022 (Institution) or 11:00 pm on 01/19/2022 (Administration) 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
Infectn Control Nrs 005700 5549100
Licensed Prac Nrs 005594 5500200
Nurse 1 005598 5500510
Nurse 2 005601 5500520
Nurse 3 Corrl Svs 019231 5500528
Nurse Admr 1 005636 5510701
Nursing Assnt 2 018027 5530200
Senr Utlztn Rev Nrse 005650 5513300

OSC Actions

OSC has created the following new Time Entry Earnings Codes to report overtime 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

CH5

Covid-19 OT Hry/Biw 2.5

RO5

O19

O25

OT for Ann 2080 - 2.5

R25

OCS

OH5

OT - Hourly/Biweekly 2.5

RH5

OTK

OR5

Overtime Recall Ann 2080 2.5

RR5

ORC

E25*

Extra Service Hourly 2.5

RE5

ES1

*Note: Earnings Code E25 (Extra Service Hourly 2.5) will systematically calculate the Extra Service amount owed to the employee by multiplying the Extra Service rate from the employee’s Job Data record by 1.66667 (calculated by dividing 2.5 by 1.5) to derive a rate that is 2.5 times the Straight Rate of the Extra Service position. This Extra Service rate is then multiplied by the number of hours submitted to determine the Extra Service payment amount owed.

The agency 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 in Institution Pay Period 22L

To report overtime earnings related to the pilot program effective beginning 11:00 pm on 01/12/2022 (Institution) or 11:00 pm on 01/19/2022 (Administration), 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 01/12/2022 from overtime earned at or after 11:00 pm on 01/12/2022 (Institution) and before 11:00 pm on 01/19/2022 from overtime earned at or after 11:00 pm on 01/19/2022 (Administration) 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, 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.

The Retro Codes (RC5, RO5, R25, RH5, RE5, and RR5) 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.