State Agencies Bulletin No. 2021.1

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 Addiction Treatment Centers (Department ID 53500)
Date Issued
July 28, 2022
Status
Background Updated
Status Date
July 15, 2022

This bulletin is superseded by Payroll Bulletin No. 2021.2.

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 Addiction Treatment Centers (Department ID 53500).

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 Addiction Treatment Centers (Department ID 53500) are affected.

Background

The Memorandum of Agreement (MOA) between the State of New York, the Office of Addiction Services and Supports (OASAS), the Civil Service Employees Association (CSEA), and the Public Employees Federation (PEF) allows OASAS 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 03/09/2022 and at or before 10:59 pm on 08/31/2022. For any shift that begins at or after 11:00 pm on 08/31/2022, 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 Addiction Treatment Centers (Department ID 53500) who are represented by PEF or CSEA is .00120.

Effective Dates

The new overtime rate is effective at 11:00 pm on 03/09/2022.  Agencies should begin using the new Time Entry Overtime Earnings Codes beginning in Institution Pay Period 26L, checks dated 04/07/2022.

Eligibility Criteria

Employees who work at Addiction Treatment Centers (Department ID 53500) and have overtime earnings effective 11:00 pm on 03/09/2022 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
Addictions Counselor 1 007583 8339100
Addictions Counselor 1 Manual Communications 020206 8339120
Addictions Counselor 1 Spanish Language 007584 8339110
Addictions Counselor 2 007586 8339200
Addictions Counselor 2 Spanish Language 021213 8339220
Addictions Counselor 3 007588 8339300
Addictions Counselor Assnt 007581 8339020
Addictions Counselor Assnt Span Lang 007582 8339021
Cleaner 003205 3014000
Cook 003232 3102300
Food Service Worker 1 003264 3124200
Food Service Worker 2 003266 3124300
Housekeeper 003189 3004000
Licensed Practical Nurse 005594 5500200
Nurse 1 005598 5500510
Nurse 2 Psy 005606 5500540
Nurse 3 Psy 005603 5500530
Nurse Admr 1 Psy 005640 5510750
Nurse Admr 2 Psy 005643 5510775
Supvg Housekeeper 003191 3004500

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

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 the NYS Payroll System.

Agency Actions

Beginning in Institution Pay Period 26L

To report overtime earnings related to the pilot program effective beginning 11:00 pm on 03/09/2022 (Institution), the agency must submit the appropriate New 2.5x Earns Code (as listed in the OSC Actions section 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

The agency 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: The agency must split up overtime earned before 11:00 pm on 03/09/2022 from overtime earned at or after 11:00 pm on 03/09/2022 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 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, 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, RO5, R25, and RH5) 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 Retirement mailbox.