State Agencies Bulletin No. 2148

Subject
Management/Confidential (M/C) 2023 Non-Pensionable Lump Sum Payment
Date Issued
August 8, 2023

Purpose:

The purpose of this bulletin is to inform agencies of OSC’s automatic processing of the M/C Non-Pensionable Lump Sum Payment and to provide processing instructions for entering the payment for employees not processed automatically or who require an adjustment.

Affected Employees:

Employees in the following bargaining units who meet the eligibility requirements are currently affected.

  • BU06 – Management Confidential
  • BU18 – Management Confidential State Police
  • BU46 – Military and Naval Affairs M/C
  • BU66 – Public Employment Relations Board
  • BU78 – Tug Hill Commission
  • BU79 – Legislative Commissions
  • BU96 – S.U. Construction Fund M/C
  • BU98 – Temporary State Commissions*

*The IOLA Board of Trustees Resolution authorizing the 2023 M/C lump sum payment pursuant to Chapter 190 of the Laws of 2023 is pending. The lump sum payment must be processed manually by the agency once the Resolution is approved.

Background:

Per Chapter 190 of the Laws of 2023, employees in the M/C bargaining units listed above may be eligible for a one-time lump sum payment.

The one-time lump sum payment is not pensionable and not subject to across-the-board increases but must be included in the calculation of overtime.

Effective Dates:

The Non-Pensionable Lump Sum Payment is effective on the following dates:

Pay Cycle/PP Type Payment Effective Date Payment End Date Check Date
Administration Lag 03/30/2023 03/27/2024 08/16/2023
Administration Extra Lag 04/06/2023 04/03/2024 08/16/2023
Institution Lag 04/06/2023 04/03/2024 08/24/2023
Institution Extra Lag 03/30/2023 03/27/2024 08/24/2023

Eligibility Criteria:

Employees who meet the following criteria are eligible for the Non-Pensionable Lump Sum Payment:

  • On 08/02/2022, employees must:
    • Be in one of the following bargaining units:
      • CSEA (02, 03, 04, 47, 97)
      • PEF (05)
      • M/C (06, 18, 46, 66, 78, 79, 96, 98)
    • Have an Employee Status of Active, Leave With Pay, or Leave of Absence.
  • On 03/30/2023 (Administration) or 04/06/2023 (Institution), employees must:
    • Be in an M/C bargaining unit (06, 18, 46, 66, 78, 79, 96, 98).
    • Have an Employee Status of Active, Leave With Pay, or Leave of Absence*.

*Employees with an Employee Status of Leave of Absence with an Action/Reason code of Leave of Absence/MLS (Mil Stip) will receive the lump sum payment on the Check Dates listed above.

*Employees with an Employee Status of Leave of Absence (except with an Action/Reason code of Leave of Absence/MLS) who meet all remaining eligibility criteria are eligible for the lump sum payment if they return to the payroll prior to the Payment End Dates listed above.

  • Employees must have continuous service as stated in Civil Service Law Section 130.3(c) from 08/02/2022 through 03/30/2023 (Administration) or 04/06/2023 (Institution).
  • Employees who retired after 08/02/2022 but on or before 03/30/2023 (Administration) or 04/06/2023 (Institution) and who meet all other eligibility criteria are eligible for the lump sum payment which will be processed in a subsequent check date (TBD).

Employees in the following situations are not eligible to receive the Non-Pensionable Lump Sum Payment:

  • Employees who have an Employee Status of Terminated or Deceased between 08/02/2022 and 03/30/2023 (Administration) or 04/06/2023 (Institution) for any length of time.
  • Employees who have service between 08/02/2022 and 03/30/2023 (Administration) or 04/06/2023 (Institution) in a bargaining unit other than the following:
    • CSEA (02, 03, 04, 47, 97)
    • PEF (05)
    • M/C (06, 18, 46, 66, 78, 79, 96, 98)
  • Employees who have already received a Non-Pensionable Lump Sum Payment (Earnings Code BNP) from CSEA processing.
  • Employees who transfer from an M/C bargaining unit (06, 18, 46, 66, 78, 79, 96, 98) to the PEF bargaining unit (05) after 03/30/2023 (Administration) or 04/06/2023 (Institution) but on or before 06/06/2023 will be evaluated during processing of the PEF lump sum payment.
  • Employees who appear on a Division of the Budget approved withholding recommendation.
  • Employees who are in a Grade 700 position on 03/30/2023 (Administration) or 04/06/2023 (Institution).
    • Exception: Employees in Job Code 007979 – Supt Corr Fac are eligible for the lump sum payment.

OSC Actions:

New Earnings Codes

OSC has created the following Additional Pay Earnings Codes to process the Non-Pensionable Lump Sum Payment:

New Earnings Code Description
BNP Non-Pensionable LumpSumPayment
ABN Adjust Non-Pensionable LumpSum

In addition, OSC has created the following Time Entry Earnings Code to pay the additional overtime monies owed to hourly employees for overtime hours worked between the Non-Pensionable Lump Sum Payment Effective Date and Payment End Date:

New Earnings Code Description
BO8 NPLumpSumOvertimeHRY$3000 2000

Automatic Processing

OSC will process the Non-Pensionable Lump Sum Payment for employees who meet the eligibility criteria with the following exceptions:

  • Employees with an Employee Status of Leave of Absence (except with an Action/Reason Code of Leave of Absence/MLS) on 03/30/2023 (Administration) or 04/06/2023 (Institution).
  • Employees with a Comp Rate Code of FEE on 03/30/2023 (Administration) or 04/06/2023 (Institution).

Calculation of Non-Pensionable Lump Sum Payment Amount

Employees’ Comp Rate Code and work percent on 03/30/2023 (Administration) or 04/06/2023 (Institution) determines the methodology used to calculate the Non-Pensionable Lump Sum Payment amount.

Note: The Comp Rate Code and work percent for employees who retired between 08/02/2022 and 03/30/2023 (Administration) or 04/06/2023 (Institution) will be evaluated on the day immediately prior to the employee’s retirement effective date and used to determine the methodology when calculating the Non-Pensionable Lump Sum Payment amount.

Full Payment Amount:

The following employees will receive the full payment amount of $3,000:

  • Employees with an Employee Status of Active or Leave With Pay whose Comp Rate Code is ANN or CAL and work percent is 100% on 03/30/2023 (Administration) or 04/06/2023 (Institution).
  • Employees with an Employee Status of Leave With Pay with an Action/Reason code of Paid Leave of Absence/SKL (Sick Lv) whose Comp Rate Code is ANN or CAL and work percent is 50% on 03/30/2023 (Administration) or 04/06/2023 (Institution).
  • Employees with an Employee Status of Active whose Comp Rate Code is ANN or CAL and who is on a voluntary reduction in work schedule (VRWS) on 03/30/2023 (Administration) or 04/06/2023 (Institution).
  • Employees with an Employee Status of Leave With Pay with an Action/Reason code of Paid Leave of Absence/MLS (Mil Stip) whose Comp Rate Code is BIW and work percent is 100% on 03/30/2023 (Administration) or 04/06/2023 (Institution).
  • Employees with an Employee Status of Leave of Absence with an Action/Reason code of Leave of Absence/MLS (Mil Stip) whose Comp Rate Code is ANN or CAL and work percent is 100% on 03/30/2023 (Administration) or 04/06/2023 (Institution).

Prorated Payment Amount Based on Work Percent:

The following employees will receive a prorated payment amount determined by multiplying the full payment amount of $3,000 by the employee’s work percent in effect on 03/30/2023 (Administration) or 04/06/2023 (Institution):

  • Employees with an Employee Status of Leave With Pay with an Action/Reason code of Paid Leave of Absence/MLS (Mil Stip) whose Comp Rate Code is BIW and work percent is less than 100% on 3/30/2023 (Administration) or 04/06/2023 (Institution).
  • Employees with an Employee Status of Leave of Absence with an Action/Reason code of Leave of Absence/MLS (Mil Stip) whose Comp Rate Code is ANN or CAL and work percent is less than 100% on 3/30/2023 (Administration) or 04/06/2023 (Institution).

Prorated Payment Amount Based on Hours Worked:

The following employees will receive a prorated payment amount based on the number of hours worked as described in the Calculation section:

  • Employees with an Employee Status of Active whose Comp Rate Code is ANN or CAL and work percent is less than 100% on 03/30/2023 (Administration) or 04/06/2023 (Institution).
  • Employees with an Employee Status of Leave With Pay with an Action/Reason code of Paid Leave of Absence/SKL (Sick Lv) whose Comp Rate Code is ANN or CAL and work percent is less than 50% on 03/30/2023 (Administration) or 04/06/2023 (Institution).
  • Employees with an Employee Status of Leave With Pay (except with an Action/Reason code of Paid Leave of Absence/SKL) whose Comp Rate Code is ANN or CAL and work percent is less than 100% on 03/30/2023 (Administration) or 04/06/2023 (Institution).
  • Employees with an Employee Status of Active or Leave With Pay whose Comp Rate Code is HRY on 03/30/2023 (Administration) or 04/06/2023 (Institution).

Calculation

The prorated Non-Pensionable Lump Sum Payment amount based on hours worked will be calculated as follows:

  • The hours worked (including hours worked in the M/C, PEF and CSEA bargaining units identified in the Eligibility Criteria section) between the following Evaluation Begin Date and Evaluation End Date for the applicable Pay Cycle and Pay Period Type will be totaled.
Pay Cycle/Pay Period Type Evaluation Begin Date Evaluation End Date
Administration Lag 08/04/2022 03/29/2023
Administration Extra Lag 08/11/2022 04/05/2023
Institution Lag 08/11/2022 04/05/2023
Institution Extra Lag 08/04/2022 03/29/2023
  • The following Earnings Codes will be included in the total hours worked:
Earnings Code Earnings Description
EXT Extra Time
EXO Extra Time Override
LT1 Lost Time
LT3 Lost Time Hourly
LTO Lost Time Override
RGH Regular Pay Hourly Employee
RGS Regular Pay Salary Employee

Note: In instances where the earnings dates overlap the Evaluation Begin Date or Evaluation End Date provided above, only those transactions with an Earnings Begin Date equal to or greater than the Evaluation Begin Date and an Earnings End Date equal to or less than the Evaluation End Date will be included.

  • The total hours worked will be divided by 1360 (170 workdays between the Evaluation Begin Date and Evaluation End Date x 8 hours per day).
  • The result is rounded to 4 decimal places. This is the proration percentage.
  • The full lump sum payment amount of $3,000 is multiplied by the proration percentage and rounded to the nearest cent. This is the prorated Non-Pensionable Lump Sum Payment amount.

Note: For employees who retired on or before 03/30/2023 (Administration) or 04/06/2023 (Institution), the total hours worked must be divided by the maximum number of hours the employee could work from the applicable Evaluation Begin Date through the date of retirement (8 hours per day x the number of work days between the Evaluation Begin Date and the day prior to the retirement date).

  • The result is rounded to 4 decimal places. This is the proration percentage.
  • The full lump sum payment amount of $3,000 is multiplied by the proration percentage and rounded to the nearest cent. This is the prorated Non-Pensionable Lump Sum Payment amount.

Creation of Additional Pay Record

In Administration and Institution Pay Period 9, OSC will create an Additional Pay record for eligible employees as follows:

Earnings Code: BNP
Effective Date: Payment Effective Date referenced in Effective Dates section
OT Eff Date: Same as Effective Date
Annual Addl Earnings: $3,000 or prorated amount if applicable based on the information contained in the Calculation of Non-Pensionable Lump Sum Payment Amount section
End Date: Payment End Date referenced in Effective Dates section OR same as Effective Date if employee is retired OR last date in an eligible position

Agency Actions – Payments Not Processed Automatically:

Agencies must submit transactions to process the Non-Pensionable Lump Sum Payment for the following employees:

  • Employees who meet the Eligibility Criteria but have an Employee Status of Leave of Absence (except with an Action/Reason code of Leave of Absence/MLS) on 03/30/2023 (Administration) or 04/06/2023 (Institution) and who return to the payroll prior to the applicable Payment End Date in the Effective Dates section.
  • Employees who meet the Eligibility Criteria but whose eligible employment between 08/02/2022 and 03/30/2023 (Administration) or 04/06/2023 (Institution) is split between multiple Empl Record numbers in PayServ.
  • Employees who meet the Eligibility Criteria but have a Comp Rate Code of FEE on 03/30/2023 (Administration) or 04/06/2023 (Institution).
    • If the employee is per diem and has a Comp Rate Code of FEE, the agency must determine the percent of time worked. Round the result to four places, multiply by the full payment amount of $3,000 and round to the nearest cent.
    • For all other employees with a Comp Rate Code of FEE, the agency must determine what percent of the employee’s obligation was completed between the applicable Evaluation Begin Date and Evaluation End Date. Round the result to four places, multiply by the full payment amount of $3,000 and round to the nearest cent.
  • Employees who did not meet the Eligibility Criteria at the time of automatic processing, but as a result of a retroactive job change which impacts the employee’s status from 08/02/2022 to 03/30/2023 (Administration) or 04/06/2023 (Institution), are now entitled to the lump sum payment.

Submitting Payment

To process the Non-Pensionable Lump Sum Payment for eligible employees who were not processed automatically, agencies must submit the following information on the Additional Pay page:

Earnings Code: BNP
Effective Date: Payment Effective Date referenced in Effective Dates section or date the employee returns to the payroll
OT Eff Date: Same as Effective Date
Annual Addl Earnings: $3,000 or prorated amount if applicable based on the information contained in the Calculation of Non-Pensionable Lump Sum Payment Amount section
End Date: Payment End Date referenced in Effective Dates section

Agency Actions – Adjusting the Automatic Payment Amount:

Increasing the Original Payment Amount Prorated Based on Hours

Agencies must increase the payment amount for employees whose Non-Pensionable Lump Sum Payment was calculated based on hours and who received less than the full payment amount of $3,000 if any of the following apply:

  • Earnings Code RGO (Regular Pay Override)
    Hours paid using Earnings Code RGO should be included in the calculation, but hours do not exist in PayServ. Therefore, if an employee received the lump sum payment and has RGO earnings in their record earned between the appropriate Evaluation Begin Date and Evaluation End Date in the Calculation section, the agency must correct the lump sum payment amount. Divide these additional hours by 1360, round the result to four places, multiply by the full payment amount of $3,000 and round to the nearest cent.
  • Eligible Transactions Submitted Subsequent to Automatic Payment Processing
    If subsequent to an employee receiving the automatic lump sum payment, a transaction is submitted on the Job Data page or for any of the eligible earnings codes listed above effective between the appropriate Evaluation Begin Date and Evaluation End Date in the Calculation section that results in the employee receiving increased hours, the agency must correct the lump sum payment amount. Divide these additional hours by 1360, round the result to four places, multiply by the full payment amount of $3,000 and round to the nearest cent.
  • Action/Reason Code of Leave of Absence/MLS (Mil Stip)
    Hours do not exist in PayServ when an employee is on an Unpaid Military Stipend Leave. Therefore, if an employee received the lump sum payment and was on an Unpaid Military Stipend Leave between the appropriate Evaluation Begin Date and Evaluation End Date in the Calculation section, the agency must correct the lump sum payment amount. Divide the hours the employee would have received had the employee not been on an Unpaid Military Stipend Leave by 1360, round the result to four places, multiply by the full payment amount of $3,000 and round to the nearest cent.
  • Workers’ Compensation Leave (Reason Codes WDL or WPS)
    Hours do not exist in PayServ when an employee is on Workers’ Compensation Leave. Therefore, if an employee received the lump sum payment and was on a Workers’ Compensation Leave between the appropriate Evaluation Begin Date and Evaluation End Date in the Calculation section, the agency must correct the lump sum payment amount. Divide the hours the employee would have received had the employee not been on a Workers’ Compensation Leave by 1360, round the result to four places, multiply by the full payment amount of $3,000 and round to the nearest cent.
  • Action/Reason Code of Paid Leave of Absence/SKL (Sick Lv)
    Hours are prorated in PayServ when an employee is on a Paid Sick Leave. Therefore, if an employee received the lump sum payment and was on a Paid Sick Leave between the appropriate Evaluation Begin Date and Evaluation End Date in the Calculation section, the agency must correct the lump sum payment amount. Total the hours the employee would have received had the employee not been on a Paid Sick Leave and subtract the prorated hours appearing in PayServ for the same period. Divide these additional hours by 1360, round the result to four places, multiply by the full payment amount of $3,000 and round to the nearest cent.
  • Hourly and Exception Hourly Employees Who Work 7 ½ Hour Days
    When the automatic lump sum payment amount was calculated for hourly employees, the total hours an employee worked were divided by 1360 (170 workdays between the Evaluation Begin Date and Evaluation End Date x 8 hours per day) since OSC cannot determine if an employee’s regular schedule is based on 8 hours or 7 ½ hours per day. Therefore, if an hourly or exception hourly employee received the lump sum payment and their regular schedule is based on 7 ½ hours per day, the agency must correct the lump sum payment amount. The total hours an employee worked using the earnings codes identified above must be divided by 1275 (170 workdays between the Evaluation Begin Date and Evaluation End Date x 7 ½ hours per day), round the result to four places, multiply by the full payment amount of $3,000 and round to the nearest cent. Subtract the lump sum payment amount the employee received from this newly calculated amount to determine the adjustment amount.

Submitting Payment Correction

To increase a previously paid Non-Pensionable Lump Sum Payment, the agency must insert a row on the Additional Pay page at the Effective Date level of Earnings Code BNP and enter the following information:

Effective Date: The first date of the pay period being processed
OT Eff Date: Same as original OT Eff Date
Annual Addl Earnings: Non-Pensionable Lump Sum Payment amount that has been paid plus those additional monies calculated above
End Date: Same as original End Date
Goal Balance: Non-Pensionable Lump Sum Payment amount that has been paid

Note: The system will pay the difference between the Annual Addl Earnings and the Goal Balance.

Decreasing or Eliminating the Original Payment Amount

Agencies must decrease the payment amount for employees if the following situation occurs:

  • Eligible Transactions Submitted Subsequent to Automatic Payment Processing
    If subsequent to an employee receiving the automatic lump sum payment, a transaction is submitted on the Job Data page or for any of the eligible earnings codes listed above effective between the appropriate Evaluation Begin Date and Evaluation End Date in the Calculation section that results in the employee receiving decreased hours, the agency must correct the lump sum payment amount. To calculate the overpayment amount, divide these negative hours by 1360, round the result to four places, multiply by the full payment amount of $3,000 and round to the nearest cent.

Recovering Non-Pensionable Lump Sum Payment Overpayments:

If an employee incorrectly received the Non-Pensionable Lump Sum Payment or received a higher payment amount than they are eligible to receive, agencies must submit the following information on the Additional Pay page to recover the overpayment:

Earnings Code: ABN
Effective Date: First day of the pay period being processed
OT Eff Date: Same as Effective Date
Earnings: Negative amount to be recovered each pay period
Goal Amount: Total Negative Non-Pensionable Lump Sum Payment amount that must be recovered
Goal Balance: See below
End Date: Leave blank

Goal Balance: The Goal Balance field should be left blank when entering the initial adjustment record or a new adjustment record. When adjusting the Earnings amount or Goal Amount of an existing adjustment record, the Goal Balance from the prior row should be carried up from the prior row.

Note: Overtime monies may also need to be recouped. Please refer to Recovering Overtime Monies When the Original Non-Pensionable Lump Sum Payment is Reduced section below.

Overtime Calculation

The Non-Pensionable Lump Sum Payment must be included in the calculation of overtime compensation.

Annualized Employees

The Non-Pensionable Lump Sum Payment will be included automatically in the calculation of overtime earned from the OT Eff Date through the End Date on the employee’s Additional Pay page for Earnings Code BNP.

Hourly and Exception Hourly Employees

The Non-Pensionable Lump Sum Payment for hourly and exception hourly employees will not be included automatically in the calculation of overtime. Therefore, an overtime adjustment is required for all overtime hours earned between the Non-Pensionable Lump Sum Payment Effective Date and Payment End Date.

To pay the overtime adjustment to eligible hourly and exception hourly employees, agencies must submit the following information on the Time Entry page or the Time Entry Interface (NPAY502) using Earnings Code BO8 or BOO.

Earnings Begin Date: The first overtime date to include BNP
Earnings End Date: The last overtime date to include BNP
Earn Code: BO8 – if the employee received the full Non-Pensionable Lump Sum Payment amount of $3,000
BOO – if the employee received a prorated Non-Pensionable Lump Sum Payment amount
Hours: The number of overtime hours paid that should include BNP
Amount: BO8 – the payment amount will be calculated automatically
BOO – multiply the amount in the Annual Addl Earnings field on the employee’s Additional Pay page for Earnings Code BNP by .00075 and round to the nearest cent. Multiply this amount by the number of overtime hours that must include the Non-Pensionable Lump Sum Payment.

Ending Overtime Eligibility

If an employee has received the Non-Pensionable Lump Sum Payment and is appointed to a position in a bargaining unit other than CSEA (02, 03, 04, 47, 97), PEF (05) or M/C (06, 18, 46, 66, 78, 79, 96, 98), the Non-Pensionable Lump Sum Payment cannot be included in the compensation calculation of overtime earned on or after the date of the appointment. Therefore, agencies must insert a row on the Additional Pay page at the Effective Date level of Earnings Code BNP and enter the following information:

Effective Date: Last date in an eligible position (date prior to appointment)
OT Eff Date: Same as original OT Eff Date
Annual Addl Earnings: Same as original amount (populates automatically)
End Date: Same as Effective Date
Goal Balance: Same as Annual Addl Earnings (to prevent making another payment)

Recovering Overtime Monies When the Original Non-Pensionable Lump Sum Payment is Reduced

If an employee’s lump sum payment is reduced and the higher lump sum payment amount was used in their overtime calculation, the overtime monies paid must be reduced as follows:

Annualized Employees: The negative overtime adjustment for annualized employees will be calculated automatically when the lump sum payment (Earnings Code BNP) is adjusted on the Additional Pay page.

If the agency would like to recover the entire overtime overpayment in a single paycheck, a general comment must be entered stating that the retroactive adjustment must be left on.

If the entire overpayment will not be recovered in a single paycheck, a general comment must be entered stating that the retroactive adjustment should be marked paid out. In addition, agencies must submit a negative overtime adjustment on the Time Entry page or the Time Entry Interface (NPAY502) using the following information in each pay period until the full overpayment is recovered:

Earnings Begin Date: The first date of the overtime overpayment
Earnings End Date: The last date of the overtime overpayment
Earn Code: Enter appropriate code (Earning Code AOR or ACO)*
Amount: Amount to be recovered each pay period
Comments: A detailed explanation of the adjustment

*Please refer to Payroll Bulletin No. 1893 for more information on overtime adjustments.

Hourly Employees: Since the lump sum payment was not automatically included in the original overtime calculation, agencies were required to process overtime adjustments. Therefore, the negative overtime adjustment for hourly employees will also not be calculated automatically when the lump sum payment (Earnings Code BNP) is adjusted on the Additional Pay page.

To recover overtime overpayments for hourly employees, agencies must submit a negative overtime adjustment on the Time Entry page or the Time Entry Interface (NPAY502) using the following information in each pay period until the full overpayment is recovered:

Earnings Begin Date: The first date of the overtime overpayment
Earnings End Date: The last date of the overtime overpayment
Earn Code: Enter appropriate code (Earning Code AOR or ACO)*
Amount: Amount to be recovered each pay period
Comments: A detailed explanation of the adjustment

*Please refer to Payroll Bulletin No. 1893 for more information on overtime adjustments.

Control-D Report Available After Processing:

After processing of the Non-Pensionable Lump Sum Payment in Administration and Institution Pay Period 9 is completed, the following Control-D report will be available for agency use:

NPAY770 – One Time Payment Report

This report identifies all employees who received the Non-Pensionable Lump Sum Payment in one of the above check dates.

Retirement and Deduction Information:

The Non-Pensionable Lump Sum Payment is non-pensionable and not subject to union dues. Deductions will be taken from the lump sum payment for garnishments and federal levies.

Tax Information:

The Non-Pensionable Lump Sum Payment is supplemental taxable income, will be added to the employee’s taxable gross wages, and is subject to 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).

Payroll Register and Employee’s Paycheck/Advice:

The Earnings Code and the amount paid will be displayed on the Payroll Register. The Earnings Descriptions and the amount paid will appear on the employee’s paycheck stub or direct deposit advice.

Questions:

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