Unified Court System Bulletin No. UCS-316

Subject
April 2021 and April 2022 State of New York Unified Court System Retroactive Salary Increases
Date Issued
March 3, 2023

Purpose

The purpose of this bulletin is to inform agencies of OSC’s automatic processing of the retroactive April 2021 and April 2022 Unified Court System (UCS) Salary Increases and provide instructions for payments not processed automatically.

Affected Employees

Employees in the following bargaining units who meet the eligibility criteria are affected:

Union Name Bargaining Unit
Court Officers Benevolent Association of Nassau County DR
Suffolk County Court Employees Association F8
Ninth Judicial District Court Employees Association G9
Citywide Association of Law Assistant SA
Communications Workers of America SD
Association of Supreme Court Reporters within the City of New York SG
District Council 37 SK
Court Attorneys Association of the City of New York SN
New York State Court Officers Association SR
New York State Supreme Court Officers Association SY
New York State Court Clerks Association S9
Civil Service Employees Association 87
Management/Confidential 86
Unrepresented and Benefits Ineligible Employees 88
New York City Judicial Staff CT

Background

Chapter 1 of the Laws of 2023, which implemented the various agreements between the Unified Court System of the State of New York and the affected bargaining units (Bargaining Units DR, F8, G9, SA, SD, SG, SK, SN, SR, SY, S9, 87) provides for a salary increase effective April 1, 2021 and April 1, 2022 for all eligible members.

In addition, consistent with prior practice, when a CSEA Agreement is reached, the negotiated changes detailed in the Labor Relations Memorandum are extended to the Management/Confidential and Unrepresented employees (BUs 86, 88, CT).

For Bargaining Units SA, SG, SN, SY, and S9, the Chapter Law provides for a salary increase of two percent (2.00%) effective April 1, 2021 and two percent (2.00%) effective April 1, 2022 for all eligible employees.

For Bargaining Units DR, F8, G9, SD, SK, SR, 87, 86, 88, and CT, the Chapter Law provides for a salary increase of two percent (2.00%) or $1,000, whichever is greater, effective April 1, 2021 and April 1, 2022 for all eligible employees.

Effective Dates

The retroactive April 2021 and April 2022 Salary Increases will be paid using the following effective dates and check date:

Pay Cycle/Pay Period Type Payment Effective Date Check Date
Administration 25 Lag 04/01/2021 03/29/2023
Administration 25 Lag 03/31/2022 03/29/2023

Eligibility Criteria

The following employees are eligible to receive the retroactive April 2021 and/or April 2022 Salary Increases:

  • Represented and Unrepresented employees with a Comp Rate Code of ANN who are in a graded position (Grade 508-536).
  • Employees with a Comp Rate Code of ANN who are in an NS position (Grade 560).
  • Employees in Bargaining Unit 87 with a Comp Rate Code of HRY (Grade 560).

Note: The salaries of employees in Department 05680 (New York City’s County Clerk Current Payroll) are determined pursuant to Chapter 491 of the Laws of 2009 and are not eligible for this increase.

Incumbency Criteria

April 2021: Employees who are Active, on a Paid Leave of Absence, or on a Leave of Absence with any reason code other than reason code RPD (Remove Pending Determination) on 3/31/2021 within the UCS are considered incumbents and are eligible for the retroactive April 2021 two percent (2.00%) or $1,000 salary increase, whichever is greater (if employee’s BU is DR, F8, G9, SD, SK, SR, 87, 86, 88 or CT). If an employee eligible for an April 2021 salary increase does not meet this incumbency criteria, the employee will receive a two percent (2.00%) salary increase.

April 2022: Employees who are Active, on a Paid Leave of Absence, or on a Leave of Absence with any reason code other than reason code RPD (Remove Pending Determination) on 3/31/2022 within the UCS are considered incumbents and are eligible for the retroactive April 2022 two percent (2.00%) or $1,000 salary increase, whichever is greater (if employee’s BU is DR, F8, G9, SD, SK, SR, 87, 86, 88 or CT). If an employee eligible for an April 2022 salary increase does not meet this incumbency criteria, the employee will receive a two percent (2.00%) salary increase.

Control-D Reports Available Before Processing

The following Control-D report will be made available for agency use on 03/02/2023. This will give agencies time to correct employees’ records, if necessary, prior to the automatic processing of the retroactive April 2021 and April 2022 Salary Increases. The report is sorted by Department ID, then alphabetically by employee name.

NHRP709 – Mass Salary Increase Exception Report

This report is a preliminary listing of employees who appear ineligible to receive the retroactive April 2021 and/or April 2022 Salary Increase based on information available as of the date the report is produced. Included on the report is one or more of the following messages which identifies the reason(s) the employee’s record will not be updated.

  • Position and Job do not match – If the Position Number equals the NYS Position Number on the employee’s Job Data page but the Bargaining Unit, Salary Administration Plan or Grade on the Job Data page and Position Data page are not equal.
  • Sal Below Hiring Rate – If the employee’s Comp Rate Code is ANN and Grade is equal to 508-536 but the salary is less than the Hiring Rate for the employee’s grade on the 04/01/2020 Salary Schedule.

If an employee appears on this report but is due a salary increase, the agency must submit the appropriate transaction(s) on the Job Action Requests page to correct the information on the Job Data row(s) or update the information on the Position Data page. If the information is corrected prior to or as part of processing for Administration Pay Period 25L, the automatic salary increase will be processed.

Agency Actions

The following procedures must be used by the agency when submitting transactions in Administration Pay Period 25L:

Annual Employees – Non-Raise Related Transactions

For pay changes, position changes and transfers requested on the Job Action Requests or Transfer Requests page with an effective date on or after 04/01/2021:

  • The agency must not include the April 2021 or April 2022 Salary Increases in the salary reported in the Pay Rate field if the employee’s Comp Rate Code is ANN. The 04/01/2020 Salary Schedule must be used to calculate the salary.

Hourly Employees – Raise Processing Transactions

  • Agencies must submit a Pay Change on the Job Action Request page using the appropriate Reason code (below) to pay the retroactive April 2021 and April 2022 Salary Increases to eligible employees in Bargaining Unit 87 with a grade equal to 560 and a Comp Rate Code of HRY:
    • Reason Code SAC (Mass Salary Increase) – for transactions with an Effective Date equal to 04/01/2021 for the April 2021 Salary Increase, and 03/31/2022 for the April 2022 Salary Increase.
    • Reason Code CRT (Chg Rate) – for transactions with an Effective Date other than the retroactive salary increase effective dates.
    • The new rate for each year is determined by applying 2.00% rounded up to the next cent.

OSC Actions

OSC will process the retroactive April 2021 and April 2022 Salary Increases for eligible employees as follows:

  • If the employee meets the eligibility criteria and has a Payroll Status of Active, Leave With Pay or Leave of Absence due to a Workers’ Compensation Leave (Action/Reason code of Leave of Absence/WDL) on the payment effective date, OSC will automatically insert a row on the employee’s Job Data page effective 04/01/2021 for the April 2021 salary increase and 03/31/2022 for the April 2022 salary increase using the Action/Reason code of Pay Rate Change/SAC (Mass Salary Increase).
  • If the employee meets the eligibility criteria but has a Payroll Status of Terminated, Retired or Leave of Absence (not related to a Workers’ Compensation Leave) on the payment effective date and returns to Active status in an eligible position after the payment effective date, OSC will automatically insert a row on the employee’s Job Data page using the Action/Reason code of Pay Rate Change/CSL (Cor Sal) if the Comp Rate Code is ANN. The row will be inserted using the same effective date of the Rehire or Return from Leave action.
  • If the employee is newly hired or transfers into an eligible position after the payment effective date, OSC will automatically insert a row on the employee’s Job Data page using the Action/Reason code of Pay Rate Change/CSL (Cor Sal) if the Comp Rate Code is ANN. The row will be inserted using the effective date of the Hire, Position Change or Transfer action.
  • OSC will automatically insert a row on the employee’s Job Data page using the Action/Reason code of Pay Rate Change/CSL (Cor Sal) if the Comp Rate Code is ANN for all subsequent rows provided the employee remains in an eligible position.

Calculating the New Compensation Rate

The retroactive April 2021 and April 2022 Salary Increases on each inserted row with an Effective Date equal to or greater than 04/01/2021 will be calculated as follows:

April 2021 Salary Increase

Bargaining Units SA, SG, SN, S9, and SY – 2.00% Only

  • If the employee has a Comp Rate Code of ANN and a Grade equal to 560, OSC will automatically increase the salary by applying 2.00% rounded up to the next dollar.
  • If the employee has a Comp Rate Code of ANN and a Grade equal to 508-536 and the salary is equal to a salary step of the employee’s grade on the effective date based on the 04/01/2020 Salary Schedule, OSC will automatically increase the salary to the same salary step on the 04/01/2021 Salary Schedule.
  • If the employee has a Comp Rate Code of ANN and a Grade equal to 508-536 and the salary is not equal to a salary step of the employee’s grade on the effective date based on the 04/01/2020 Salary Schedule, OSC will automatically increase the salary by applying 2.00% rounded up to the next dollar.

Bargaining Units DR, F8, G9, SD, SK, SR, 87, 86, 88, and CT – 2.00% or $1,000 Minimum, whichever is greater.

  • If the employee has a Comp Rate Code of ANN, a Grade equal to 560 and the employee does not meet the 2021 incumbency criteria, OSC will automatically increase the salary by applying 2.00% rounded up to the next dollar.
  • If the employee has a Comp Rate Code of ANN, a Grade equal to 560 and the employee meets the 2021 incumbency criteria, OSC will apply 2.00% to the existing salary and round up to the next dollar. The resulting salary increase amount will be compared to the minimum increase of $1,000. OSC will apply whichever is greater.
  • If the employee has a Comp Rate Code of ANN, a Grade equal to 508-536, the employee does not meet the 2021 incumbency criteria and the salary is equal to a salary step of the employee’s grade on the effective date based on the 04/01/2020 Salary Schedule, OSC will automatically increase the salary to the same salary step on the 04/01/2021 Salary Schedule.
  • If the employee has a Comp Rate Code of ANN, a Grade equal to 508-536, the employee does not meet the incumbency criteria and the salary is not equal to a salary step of the employee’s grade on the effective date based on the 04/01/2020 Salary Schedule, OSC will automatically increase the salary by applying 2.00% rounded up to the next dollar.
  • If the employee has a Comp Rate Code of ANN, a Grade equal to 508-536, the employee meets the incumbency criteria and the salary is equal to a salary step of the employee’s grade on the effective date based on the 04/01/2020 Salary Schedule, OSC will compare the difference between the salary steps of the employee’s grade on the 04/01/2020 Salary Schedule and the 04/01/2021 Salary Schedule to the minimum increase of $1,000. OSC will apply whichever is greater.
  • If the employee has a Comp Rate Code of ANN, a Grade equal to 508-536, the employee meets the incumbency criteria and the salary is not equal to a salary step of the employee’s grade on the effective date based on the 04/01/2020 Salary Schedule, OSC will apply 2.00% to the existing salary and round up to the next dollar. The resulting salary increase amount will be compared to the minimum increase of $1,000. OSC will apply whichever is greater.

April 2022 Salary Increase

Bargaining Units SA, SG, SN, S9, and SY – 2.00% Only

  • If the employee has a Comp Rate Code of ANN and a Grade equal to 560, OSC will automatically increase the salary by applying 2.00% rounded up to the next dollar.
  • If the employee has a Comp Rate Code of ANN and a Grade equal to 508-536 and the salary is equal to a salary step of the employee’s grade on the effective date based on the 04/01/2021 Salary Schedule, OSC will automatically increase the salary to the same salary step on the 04/01/2022 Salary Schedule.
  • If the employee has a Comp Rate Code of ANN and a Grade equal to 508-536 and the salary is not equal to a salary step of the employee’s grade on the effective date based on the 04/01/2021 Salary Schedule, OSC will automatically increase the salary by applying 2.00% rounded up to the next dollar.

Bargaining Units DR, F8, G9, SD, SK, SR, 87, 86, 88, and CT – 2.00% or $1,000 Minimum, whichever is greater.

  • If the employee has a Comp Rate Code of ANN, a Grade equal to 560 and the employee does not meet the 2022 incumbency criteria, OSC will automatically increase the salary by applying 2.00% rounded up to the next dollar.
  • If the employee has a Comp Rate Code of ANN, a Grade equal to 560 and the employee meets the 2022 incumbency criteria, OSC will apply 2.00% to the existing salary and round up to the next dollar. The resulting salary increase amount will be compared to the minimum increase of $1,000. OSC will apply whichever is greater.
  • If the employee has a Comp Rate Code of ANN, a Grade equal to 508-536, the employee does not meet the 2022 incumbency criteria and the salary is equal to a salary step of the employee’s grade on the effective date based on the 04/01/2021 Salary Schedule, OSC will automatically increase the salary to the same salary step on the 04/01/2022 Salary Schedule.
  • If the employee has a Comp Rate Code of ANN, a Grade equal to 508-536, the employee does not meet the incumbency criteria and the salary is not equal to a salary step of the employee’s grade on the effective date based on the 04/01/2021 Salary Schedule, OSC will automatically increase the salary by applying 2.00% rounded up to the next dollar.
  • If the employee has a Comp Rate Code of ANN, a Grade equal to 508-536, the employee meets the incumbency criteria and the salary is equal to a salary step of the employee’s grade on the effective date based on the 04/01/2021 Salary Schedule, OSC will compare the difference between the salary steps of the employee’s grade on the 04/01/2021 Salary Schedule and the 04/01/2022 Salary Schedule to the minimum increase of $1,000. OSC will apply whichever is greater.
  • If the employee has a Comp Rate Code of ANN, a Grade equal to 508-536, the employee meets the incumbency criteria and the salary is not equal to a salary step of the employee’s grade on the effective date based on the 04/01/2021 Salary Schedule, OSC will apply 2.00% to the existing salary and round up to the next dollar. The resulting salary increase amount will be compared to the minimum increase of $1,000. OSC will apply whichever is greater.

$1000 Minimum Increase and Previously Paid Increments

Employees who are eligible to receive a $1,000 minimum April 2021 or April 2022 salary increase and also received a salary change based on an increment after 4/1/2021 or received an April 2022 Increment, which were paid using the April 2020 salary chart per Bulletins UCS-296 and UCS-304, will need a recalculation of the Increment so it is paid using the April 2021 or April 2022 salary chart as applicable. OSC will update salaries for affected employees after raise processing in Administration PP 25L.

Control-D Reports Available After Processing

The following Control-D reports will be available for agency review after the automatic increases have been processed. All reports are sorted by Department ID, then by employee name in alphabetical order.

NHRP704 – Mass Salary Increase Report

This report identifies all employees who received the automatic retroactive April 2021 and/or April 2022 Salary Increases. The report identifies all employee’s salaries that were increased in an eligible bargaining unit.

NHRP709 – Mass Salary Increase Exception Report

This report identifies all employees who did not receive the automatic retroactive April 2021 and/or April 2022 Salary Increases. Included on the report is one or more of the following messages which identifies the reason(s) the employee’s salary was not updated:

  • Position and Job do not match – if the Position Number equals the NYS Position Number on the employee’s Job Data page but the Bargaining Unit, Salary Administration Plan or Grade on the Job Data page and Position Data page are not equal.
  • Sal Below Hiring Rate – if the employee’s Comp Rate Code is ANN and Grade is equal to 508-536 but the salary is less than the Hiring Rate for the employee’s grade on the 04/01/2020 Salary Schedule.

Agency Actions – Retroactive Processing

Reporting Retroactive Adjustments

Time Entry earnings codes that are submitted with an amount will not be adjusted automatically. Therefore, beginning in Administration Pay Period 26L, the agency must report the adjustment amount for earnings codes such as OT Override (OTO) and Regular Pay Override (RGO).

Correcting an Automatic Retroactive Adjustment

When certain conditions exist in an employee’s record, the automatic retroactive adjustment may be incorrect. Therefore, the agency is responsible for identifying employees who meet the following conditions and, if necessary, submitting the necessary adjustment:

  • If an employee has a check returned or exchanged on an AC-230 for dates on or after the effective date of the payment, the payroll system does not consider the AC-230 when calculating the automatic retroactive adjustment.
  • If earnings were previously reported using Earnings Code RGS and a date range that exceeded the number of days reported, the system will calculate the adjustment of earnings based on the number of workdays within the range.
  • Adjustments for earnings that are calculated automatically, such as OT at 1.5 (OTD), will be calculated incorrectly if the dates previously reported as a single entry on the Time Entry page overlap the effective date of the payment. The system will calculate an adjustment for all earnings reported in a single entry based on the salary in effect on the Earnings End Date.
  • For employees who had a change reported on the Job Data page since the effective date of the payment and the action resulted in an overpayment of earnings, the automatic negative retroactive adjustment may not have been processed because the overpayment was either not recoverable or was recovered using an overpayment earnings code or an AC-230. In this case, the negative retroactive adjustment may be re-generated when the payment is processed. OSC will turn off (not process) the automatic negative adjustment for these employees since in most cases these overpayments were either not recoverable or recovered using another method.

If an overpayment of earnings is identified after the automatic payment is processed but before the paycheck is received by the employee, the employee must be notified of the overpayment and the adjustment that will be reported in a subsequent pay period.

Submitting an Adjustment

When an adjustment is needed for COVID-19 overtime such as CVO, Earnings Code ARC must be used. When an adjustment is needed for non-COVID-19 related overtime or recall such as OTT, Earnings Code ARO must be entered. Please refer to Payroll Bulletin 1893 for more information. Agencies must continue to use Earnings Code AJR for all other override Time Entry Earnings Codes requiring a manual adjustment as a result of a retroactive salary increase.

To process a retroactive adjustment or correct an automatic retroactive adjustment, agencies must submit the following information on the Time Entry page or the Time Entry Interface (NPAY502) using the Earnings Codes AJR, ARC, and/or ARO:

Earnings Begin Date: The first date included in the adjustment
Earnings End Date: The last date included in the adjustment
Earnings Code: AJR, ARC or ARO
Amount: Amount to be adjusted
Comments: An explanation of the adjustment

Military Leave Stipend

OSC will recalculate the military stipend amount for employees who were placed on a Paid or Unpaid Military Stipend Leave on or after the effective date of the payment as the result of new military orders.

  • If the employee received a stipend, OSC will insert a row on the employee’s Job Data page effective the date the employee is entitled to the increase using the Action/Reason code of Pay Rate Change/MSC (Military Stipend Change) and will increase the employee’s biweekly stipend amount. In addition, updates will be made to all subsequent rows requiring an increased biweekly stipend amount.
  • If the employee did not receive a stipend but becomes eligible for a stipend as a result of the payment, OSC will insert the following in PayServ:
    • A row on the employee’s Job Data page effective the date the employee is entitled to a stipend using the Action/Reason code of Paid Leave of Absence/MLS (Mil Stip) and the new biweekly stipend amount.
    • A row on the employee’s Job Data page for each affected subsequent row using the Action/Reason code of Pay Rate Change/MSC (Military Stipend Change) and the new biweekly stipend amount.
    • A row on the Time Entry page using the Earnings Code MSP (Military Stipend Payment) to pay the stipend for each pay period the employee is eligible.
  • Any additional adjustment that is required due to the increased biweekly stipend amount that will not be calculated automatically will be reported by OSC on the Time Entry page using the Earnings Code AMS (Adjust Military Stipend).

General Deductions

All general deductions for employees whose status is Terminated, Retired or Deceased will be automatically cancelled by OSC with the exception of percentage-based dues and the following:

Code Description
406 Strike/Discip Fine
410 Health Care Spending Account
416 Deferred Comp
420 NY Dependent Care Contribution
425 Repay State Loans/Debt
426 Higher Ed Repay State Loan
428 Dependent Care
433 Total Unemployment Ins Owed
442 Pre-Tax Adoption
500 Medicare Deficiency
501 Social Security Deficiency
502 NYS SS/Medicare Deficiency
682 VDC Before Tax Arrears
685 VDC Suspense Before Tax Arrear
GARNSH Garnishments
HIATRG Regular After Tax Health
HIATSP Special After Tax Health Adj

Tax Information

These monies are taxable income subject to all employment taxes and income taxes, will be included in the employee’s taxable gross and reported on the employee’s Form W-2.

The adjustments (AJR, ARC, ARO, and Retro (RXX)) 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).

Special Wage Payments for Individuals Who Filed for Retirement Social Security Benefits

Per Internal Revenue Service Publication 957, OSC will be reporting retro payments made to individuals who have filed for Social Security benefits to the Social Security Administration (SSA).

As PayServ does not include this information, OSC will be mailing a Request for Special Wage Payment Report to inactive individuals who are 62 or older in the calendar year and to active employees with the New York Retiree Indicator checked in Modify a Person who receive the retroactive payment. Recipients of this mailing will be asked to fill out the request and return it to OSC for inclusion on the Special Wage Payment report to SSA. This report will be submitted to SSA after the close of the 2023 tax year.

It is important that agencies ensure the New York Retiree Indicator box is checked for rehired retirees. Please see Payroll Bulletin No. 1728 for further details on the New York Retiree Indicator box.

Undeliverable Checks

When a valid payroll check is undeliverable due to the agency’s inability to locate the employee, the agency should follow the Agency Actions identified in Payroll Bulletin No. 1786.

Checks issued to eligible employees who are now deceased should be submitted as a stop payment request with a reason of Exchange in PayServ. The required AC 1476, Next of Kin Affidavit, and original death certificate should be submitted to the Payroll Reversal and Exchange mailbox at the same time as the stop payment request. If a Next of Kin Affidavit has been previously submitted for a deceased employee’s payroll check, OSC will accept a photocopy of this form along with a new Report of Check Exchange.

Payroll Register and Employee’s Paycheck/Advice

All retroactive adjustments will be displayed on the Payroll Register using the appropriate Earnings Code and the amount paid and will be displayed on the employee’s paycheck stub or direct deposit advice using the appropriate Earnings Description and the amount paid unless the number of earnings codes exceeds 13. Agencies should utilize Locked Query LQ_PCD_PAYCHECK_EARNINGS_BY_ID to identify a complete list of regular earnings and retroactive adjustments if there are more than 13 earnings codes.

Questions

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

Questions regarding position information may be directed to the Position Management mailbox.

Questions regarding military information may be directed to the Military Stipend mailbox.

Questions regarding deductions may be directed to the Payroll Deduction mailbox.