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 NYSCOPBA working at DOCCS.

Affected Employees:

Employees in certain Security Services Unit (BU01) titles who work at DOCCS are affected.

Background:

The Memorandum of Agreement (MOA) between the State of New York, the Department of Corrections and Community Supervision (DOCCS), the New York State Correctional Officers and Police Benevolent Association (NYSCOPBA), and Council 82 (C82) 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 shall apply to all overtime earned during shifts that begin at or after 11:00 pm on 02/09/2022 and at or before 10:59 pm on 03/09/2022 (Institution) or during shifts that begin at or after 11:00 pm on 02/16/2022 and at or before 10:59 pm on 03/16/2022 (Administration).  For any shift that begins at or after 11:00 pm on 03/09/2022 (Institution) or 11:00 pm on 03/16/2022 (Administration), 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 DOCCS who are represented by NYSCOPBA is .00120.

Effective Dates:

The new overtime rate is effective at 11:00 pm on 02/09/2022 (Institution) or at 11:00 pm on 02/16/2022 (Administration).  Agencies should begin using the new Time Entry Overtime Earnings Codes in Institution Pay Period 24L, checks dated 03/10/2022 and Administration Pay Period 24L, checks dated 03/16/2022.

Eligibility Criteria:

Employees who work at DOCCS and have overtime earnings effective 11:00 pm on 02/09/2022 (Institution) or 11:00 pm on 02/16/2022 (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:

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:

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 the NYS Payroll System.

Agency Actions:

Beginning in Institution and Administration Pay Period 24L

To report overtime earnings related to the pilot program effective beginning 11:00 pm on 02/09/2022 (Institution) or 11:00 pm on 02/16/2022 (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:

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 up overtime earned before 11:00 pm on 02/09/2022 from overtime earned at or after 11:00 pm on 02/09/2022 (Institution) and before 11:00 pm on 02/16/2022 from overtime earned at or after 11:00 pm on 02/16/2022 (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 and the original Earnings Begin Date and the 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 and the original Earnings Begin Date and the 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, the original Earnings Begin Date, the original Earnings End Date, and the original Hours/Units/Amount as a negative value.
• Enter the corresponding New 2.5x Earns Code, the original Earnings Begin Date, the original Earnings End Date, and the original Hours/Units/Amount as a positive value.

Retirement Information:

Monies paid 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, R25, 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 (1.95975 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.