State Agencies Bulletin No. 2049

Subject
• Restoration of Contract Pay and Additional Pay for 21P Institution Teachers
• Payment of CAL and 21P Institution Teachers in the 2022-2023 Semesters
• Termination of Summer Session Jobs for Institution Teachers
Date Issued
September 16, 2022

Purpose

The purpose of this bulletin is to provide information and Instructions regarding the following:

  • Contract Pay and Additional Pay for Contract Pay teachers
  • Submitting Salary Withholding for 21P employees
  • Reporting Time Entry earnings
  • Reporting actions at the beginning of the academic year
  • Teachers not returning in the Fall of 2022
  • Change in Comp Rate Codes
  • Transfers between agencies
  • Work schedule for CAL teachers
  • Restoration of health insurance for Contract Pay teachers
  • General Deductions for Contract Pay teachers

Affected Employees

Institution teachers in the following agencies are affected:

  • Department of Corrections and Community Services
  • Office of Mental Health
  • School for the Blind
  • School for the Deaf
  • Office of Children and Family Services

Effective Dates

Effective 09/01/2022 for CAL employees and the beginning of the academic year for 21P employees (Pay Period 11L for Institution and Pay Period 12L Administration).

Contract Pay Teacher:  Method of Payment

In accordance with the Collective Bargaining Agreement (CBA), teachers who have elected to be paid over the school year will be paid based on the actual number of days (excluding pass days) within the teacher’s academic year.  Bi-weekly payments are calculated as follows:

  • Annual Salary Rate divided by Number of Days in Academic Year = Daily Rate of Pay (prorated if the teacher works less than 100%)
  • Daily Rate of Pay multiplied by ten (10) = Biweekly Contract Amount (excluding Location and/or Inconvenience Pay).

A teacher will only be paid for the number of days in which they are Active within a pay period.

Example:  If a teacher’s academic year in a correctional facility commences 09/01/2022, the first check dated 09/22/2022 will include five (5) days of pay since the employee will be Active for five (5) days in the pay period beginning 09/01/2022 and ending 09/07/2022.

OSC Actions

Automatic Restoration of Contract Pay

After payroll is audited for Institution Pay Period 11L and Administration Pay Period 12L, OSC will automatically insert a row on the Contract Pay page for the academic year 2022-2023 for employees with a Comp Rate Code of 21P.

Note:  OSC will not automatically insert a row for 21P employees who are on an unpaid Leave of Absence.

The Contract Pay page will be automatically populated for all employees with the Comp Rate Code 21P who are Hired, Rehired, Concurrently Hired, or have a position change effective the first date of the agency’s academic year or later.

Reporting Additional Pay for 21P Employees

Automatic Restoration of Location Pay (LMH, LOC, and LOM) for 21P Employees

OSC will automatically restart Location Pay (LMH, LOC, and LOM) with the effective date of the beginning of the contract for employees with the Comp Rate Code 21P as long as there was a previous row on Additional Pay page with the End Date of the last year’s contract end date.

Note:  Location Pay (LMH, LOC, and LOM) must be started by the agency if no previous row exists on Additional Pay page with the End Date of last year’s contract or if the employee is returning from an unpaid Leave of Absence.  All other Additional Pay earnings codes must be restarted by the agency (e.g., Inconvenience Pay Full – IPF).

Prevention of Automatic Restoration of Location Pay (LMH, LOC, and LOM)

To stop the automatic restoration of Location Pay, the agency must insert a row with the Effective Date and End Date equal to the first day of the new contract date for the specific agency before the automatic restoration occurs.

Manual Update of Location Pay/Inconvenience Pay for 21P Employees

If the employee does not have a Location Pay record on the Additional Pay page or the End date is not equal to last year’s Contract End Date for the employee’s current department, the agency must create or update the Location Pay record.

OSC will not restart Inconvenience Pay regardless of whether the employee has an Inconvenience Pay record on the Additional Pay page.  Therefore, if an employee is eligible for Inconvenience Pay, the agency must create or update the Inconvenience Pay record.

Salary Withholding

Reporting Salary Withholding for Contract Pay Teachers

For Contract Pay teachers not previously placed on the Salary Withholding Program, Earnings Code SWC (Salary Withholding Contract Pay) must be entered on the Additional Pay page effective the date of hire or the first day of the current pay period, whichever is later. The agency must enter the last day of the fifth (5th) pay period in the End Date field.  Earnings will be automatically calculated and withheld until the pay period immediately following the End Date. The Salary Withholding Balance page will be automatically updated to reflect the number of days withheld.

Reporting Salary Withholding for CAL Teachers

For teachers with Comp Rate Code CAL, Earnings Code SWP (Salary Withholding Program) must be used to place employee on the Salary Withholding Program.

Reporting Time Entry Earnings (Lost Time, Extra Time, and Salary Lump Sum Payments)

Agencies whose academic year is other than 210 days must use Override codes to ensure teachers (CAL and 21P) receive appropriate earnings when reporting lost time, extra time, or a salary lump sum payment.

Lost Time – LTO (Lost Time Override)

Earnings Code LTO should be used to report lost time or to pay back lost time previously deducted in error.  Enter a minus sign before the amount when reporting initial lost time transactions.  Agencies must enter the date, number of days, and the amount of lost time when using this code.  Location Pay and Inconvenience Pay earnings must be included in the lost time calculation.

Extra Time – EXO (Extra Time Override)

Earnings Code EXO should be used to report extra time or to deduct extra time previously paid in error.  Agencies must enter the date, number of days, and the amount of extra time when using this code.

Salary Lump Sum Payment for Calendar and 21P Teachers

When an employee leaves State service, or moves into a bargaining unit not under the Salary Withholding Program, the salary lump sum payment is paid as follows:

  • CAL teacher whose salary was withheld as a CAL teacher – Report Earnings Code SLS (Salary LSP-Annuals) on the Time Entry page.
  • CAL teacher whose salary was withheld as a 21P teacher – Report Earnings Code SLO (Salary LSP Override) on the Time Entry page and calculate the amount of the salary lump sum payment using the academic year method and the salary at the time of the withholding or payment, whichever is higher.
  • 21P teacher whose salary was withheld as a 21P teacher – Report Earnings Code SLO (Salary LSP Override) on the Time Entry page and calculate the amount of the salary lump sum payment using the academic year method and the salary at the time of withholding or payment, whichever is higher.
  • 21P teacher whose salary was withheld as a CAL teacher – Report Earnings Code SLS (Salary LSP-Annuals) on the Time Entry page.

Exception:  Report Earnings Code SLO (Salary LSP Override) if the salary at the time of withholding was higher than the salary at the time of payment.

Effective Date of Actions Reported:  Beginning of the Academic Year

CAL Teachers

  • All actions reported on the Job Action Requests and Job Data pages, as well as all Location and Inconvenience Pay earnings reported on the Additional Pay page, must have an effective date of 09/01/2022. This includes New Hires, Rehires, Returns from Leave, Transfers, Position Changes, Data Changes, Termination, etc.

21P Teachers

  • All actions reported on the Job Action Requests or Job Data pages, as well as all Location and Inconvenience Pay reported on the Additional Pay page that are effective at the beginning of the academic year, must have an effective date equal to the first day of the academic year.
  • The Contract Pay page must be completed using the pre-determined academic year dates regardless of whether the action is effective at the beginning of the academic year or after the academic year has commenced.
  • The Contract Pay page will automatically populate for all employees with the Comp Rate Code 21P who are Hired, Rehired, Concurrently Hired, or have a position change effective the first date of the agency’s academic year or later.  Please refer to Payroll Bulletin No. 409.
  • The Contract Pay page will automatically populate for all employees with Comp Rate Code 21P who have remained Active in the same agency during the summer and have no change effective the first day of the agency’s academic year.

Teachers Not Returning in Fall of 2022

Agencies must terminate teachers (Comp Rate Codes CAL, 21P, or FEE) not be returning in Fall 2022 by entering the Action Code TER on the Job Data page, effective 09/01/2022 or the start of academic year if prior to 9/1/2022 and Comp Rate Code is 21P.

Changes in Comp Rate Code

Agencies must Report Changes in the Comp Rate Code (CAL to 21P or 21P to CAL) at the beginning of the academic year.

If a teacher is changing Comp Rate Codes in Fall 2022, the agency must ensure that the position reflects the appropriate Comp Rate Code.

21P to CAL

When the teacher remains within the same agency, the following procedures should be used:

  • If the teacher is in the same position, complete a Position Data form requesting a change in Comp Rate Code Effective 09/01/2022. Email the form to the Position Management mailbox.  OSC will update the Position Data and Job Data pages to reflect the change effective 09/01/2022.
  • If the teacher moves to another position, the agency must request the Action of POS on the Job Action Requests page to move the teacher into a CAL position effective 09/01/2022.

CAL to 21P

When the teacher remains in the same agency, the following procedures should be used:

  • If the teacher stays in the same position, the agency must complete a Position Data form requesting a change in Comp Rate Code effective 09/01/2022 to stop the CAL payments from starting.  Email the form to the Position Management mailbox.  OSC will update the Position Data and Job Data pages to reflect the change effective 09/01/2022.
    • The agency must set up a new contract on the Contract pay page reporting the pre-determined academic year begin and end dates. 
    • The 21P payments will start when the begin date of the contract is reached. 
    • If 09/01/2022 is the beginning of the academic year, the Position Change will cause the contract to be automatically added.
  • If the teacher moves to another position, the agency must request the action of POS on the job Action Requests page, using 09/01/2022 as the effective date, to stop the CAL payments. 
    • The agency must set up a new contract on the Contract Pay page using the pre-determined academic year begin and end dates. 
    • If 09/01/2022 is the beginning of the academic year, the Position Change will cause the contract to be automatically added.

Note:  The Comp Rate Code of the NYS Position must be the same as the budgeted position.  If the NYS Position has multiple incumbents, the position attributes can only be changed if the change is appropriate for all incumbent employees. Otherwise, the employee must be transferred to an appropriate position.

Reporting Retroactive Changes in Comp Rate Code

Retroactive Changes in Comp Rate Code Entered After the Beginning of the Academic Year

21P to CAL

  • Agencies must request a Position Change to move the employee into a CAL position or notify the Positions Management Unit to change the employee’s Comp Rate Code to CAL on the existing position, effective 09/01/2022.
  • Earnings on the Additional Pay page were ended when the 21P contract ended, therefore agencies must restart the Additional Pay earnings effective 09/01/2022.
  • If the change in Comp Rate Code is reported after Institution Pay Period 11L or Administration Pay Period 12L is processed, agencies must submit RGS for all retroactive CAL earnings due from 09/01/2022. An overpayment recovery must be submitted to recover any contract earnings paid for the current academic year.

CAL to 21P

  • To stop CAL payments, agencies must request a Position Change to move the employee into a 21P position or send an email to the Position Management mailbox to change the employee’s Comp Rate Code to 21P on the existing position, effective 09/01/2022
  • If the academic contract year begins after 09/01/2022, the agency must enter a contract on the Contract Pay page. If the academic year begins 09/01/2022, the Position Change will cause the Contract to be automatically added.
  • For earnings on the Additional Pay page, agencies must insert an End Date of 08/31/2022 to end the earnings, if necessary, and then restart the earnings effective the beginning of the academic year.

Note:  The Comp Rate Code of the NYS Position must be the same as the budgeted position.  If the NYS Position has multiple incumbents, the position attributes can only be changed if the change is appropriate for all incumbent employees. Otherwise, the employee must be transferred to an appropriate position.

Retroactive processing will generate an overpayment for the days between 09/01/2022 and the beginning of the agency’s academic year; the contract pay process will automatically pay any retroactive money due.

Transferring Between Agencies – Fall of 2022

Agencies must use the following instructions when a teacher is transferring to another agency:

CAL to 21P

The former agency must terminate the CAL teacher effective 09/01/2022.

The hiring agency must:

  • Rehire the 21P teacher effective the first day of the academic year.
  • Request a Pay Change effective the first day of the academic year.

Contract dates will automatically populate when the employee is rehired.

21P to CAL

The hiring agency must request a transfer on the Transfer Requests page effective 09/01/2022.

Comp Rate Code is 21P in Both Agencies

The hiring agency must request a transfer on the Transfer Requests page using the first day of the academic year as the effective date.

Contract dates will automatically populate once the transfer request has been approved.

Comp Rate Code is CAL in Both Agencies

The hiring agency must request a transfer on the Transfer Requests page effective 09/01/2022.

Note:  For any movement from Institution to Administration pay cycles, the former agency must terminate the employee and the new agency must rehire the employee.

Work Schedule for CAL Teachers

The work schedule for a CAL teacher must be YYYYYYY.

Restoration of Health Insurance for Contract Pay Teachers

The Department of Civil Service will submit a file to OSC restarting health insurance for Contract pay teachers.  Questions concerning health insurance should be referred to the agency Health Benefits Administrator or Department of Civil Service.

General Deductions

Agencies must review the General Deductions page for all Contract pay teachers and restart all applicable deductions previously cancelled (maintenance and union insurances) as stated in Payroll Bulletin No. 2033.

Tax Information

The Salary Lump Payments (SLS and SLO) are supplemental taxable income, will be included in the employee’s taxable gross and is subject to all employment taxes 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 (1.959756% for Yonkers residents and 0.50% for Yonkers non-residents).

Questions

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