Q.  Have the Coughlin Scholarships been awarded for the upcoming school year (2005-2006)?

A.  Not yet. They’re usually announced in June. (4/15/05)

Q.  It apears that you have stripped the dates off the questions, but they are still a bit scrambled. I just found some new questions in the middle. You probably know, but just in case you do not, I thought I'd let you know. ;-)

A.  We have deleted some questions and answers entirely and revised others, in preparation for our move to a new, redesigned web site. Deleting the dates was part of the process. Unfortunately, we are again experiencing a problem with the questions not appearing in chronological order. The problem will not occur with the new site, hopefully we will be able to announce a launch date soon. Thanks!

Q.  Will M/C employees get their steps this year. I received payroll updates about PEF and CSEA raises and steps but it didn't include info. on M/C's.

A.  BUDGET BULLETIN D-1116 published March 30, 2005, provides for payment of the April 2005 M/C performance advances and 2.75% general salary increase. The pay increases will be reflected in the checks employees receive on 4/28/05 (Institution payroll) and 5/4/05 (Administrative payroll). This applies to M/C's in Executive Branch agencies and some public benefit corporations.

Q.  Can you tell us the case number of the performance advance appeal? Thanks.

A.  The case number is “95375” and the title is “Gilligan v Stone”.

Q.  Can you please explain the new prescription drug co-pays. I just got 7 pills( an antibiotic) and it cost me $30.00?? is that right??? March 23 2005

A.  For a one-month or less supply, the co-pay is $5 for a generic drug, $15 for a preferred brand name drug and $30 for a non-preferred brand-name drug. When your physician prescribes a non-preferred brand name drug, ask for a less expensive brand-name drug or generic equivalent if available. A list of the most commonly prescribed generic and preferred brand-name drugs is available online at the Civil Service Department’s Employee Benefits web site (www.cs.state.ny.us/ebd/) or by calling The Empire Plan Prescription Drug Program toll free at 1-877-769-7447. (If you are enrolled in an HMO, the list will likely differ from the Empire Plan’s, so you will need to contact your HMO directly for the information.)

Q.  Many titles, such as secretaries and computer program analysts, can be either M/C or CSEA/PEF. By withholding increments for M/C employees, while our PEF/CSEA counterparts continue to receive them, has not the Fair Labor Standards Act 'equal pay for equal work' provision been violated? Has a federal remedy been considered?

A.  State and federal courts have already ruled on this matter—essentially, that salary ceilings or withholdings imposed on certain groups of employees do not violate the “equal pay for equal work” statutes. In 1983, the Appellate Division nullified a decision OMCE won in State Supreme Court in the matter of Charles Shattenkirk et al v. Michael Finnerty, Budget Director, and affirmed that the Budget Director’s action withholding an eight percent salary increase from Shattenkirk and other M/C employees did not violate Section 115 of the Civil Service Law. Section 115 states that it is “the policy of the state to provide equal pay for equal work.” The Appellate court cited a federal case (McCorkle v. United States) in which it was decided that legislation limiting the pay of general schedule federal employees to an amount no higher that the salaries of executive schedule employees did not violate the federal statute that holds “there be equal pay for substantially equal work.” The Appellate court found there was a legitimate purpose and objective (“fiscal well-being of the State”) behind enactment in 1982 of the legislation that was the authority for the Budget Director’s 1983 salary withholding action. The Budget Director cited similar legislation enacted in 2000 as the authority for the withholding of M/C performance advances in April 2003.

Q.  If you receive an increment and/or raise in April, in which paycheck will that be included? - Thanks.

A.  The general salary increase and any performance advances that are due will first appear in the checks Institution payroll employees receive on April 28, 2004 and on May 4, 2004 for employees on the Administration payroll.

Q.  From where i get bank p.o. papers

A.  We are not sure what you are asking. We are not familiar with the term “bank p.o. papers.” Please resubmit with additional information. Thanks.

Q.  Do your lawyers have a sense of where your appeal stands in relation to the judges other assignments? E.g., could an appeal filed at a later point in time get priority for one reason or another? Thanks for your work on our behalf.

A.  We are now at the point where we expect a decision anytime now—hopefully, soon.

Q.  I'm affected by the performance lawsuit. If it is not resolved prior to my retirement would I be eligible to benefit from a positive decision if that happens? Thanks.

A.  If the payment resulting from a favorable decision is made before you retire, your retirement earnings record will be reconstructed as if you had been paid the performance advance when it was due. If the payment is made after you retire, your retirement allowance will be adjusted similarly.

Q.  Is an employee reqired to be on the payroll for 13 pay periods in order to receive the 4/1 salary increase or is that requirement only for performance raises? Thank You

A.  The “13 payroll periods” requirement applies only to performance advances. There are no minimum service requirement for the 4/1 general salary increase, since it represents an increase to the salary schedule according to which all employees, existing and future, are paid.

Q.  Ds State Agency's have a responsiblity to post job vacancies covering competitive job titles? Also, is there any requirment for non-competitve job vacancy postings. Thank you.

A.  The State has committed itself in varying degrees to the posting of job vacancies (a good management practice, we think) via language that can be found in some union contracts, local labor/management agreements and agency affirmative action plans, but not to the extent of invalidating an appointment made without posting that otherwise conforms to Civil Service law and regulations or of limiting the State’s right to exempt a position or vacancy from posting. The Governor’s Office of Employee Relations’ hosts “State Jobs NY” on its web site (http://www.statejobsny.goer.state.ny.us/), a useful job search tool that contains civil service examinations information and agency/facility job vacancy postings.

Q.  I am a new employee and dont fully understand the salary schedule system. does someone who's hired at the 2004 hiring rate, receive the top of the job rate for the 2010 salary?

A.  An M/C employee hired at the hiring rate is eligible to receive annual performance advance increases until the employee’s salary reaches the job rate. Performance advances are effective April 1 and paid in amounts equal to 1/6 of the difference between the hiring rate and the job rate. Eligible employees are those who have served in grade for at least 13 complete payroll periods in the preceding year. Employees in grades M/C-17 and below receive additional compensation in the form of longevity increases upon completion of 5 or 10 years at the job rate.

Q.  why did the nyscomptroller's office password protect the payroll bulletins? .. Is this information available through another avenue?

A.  It probably had to do with limiting access to the site generally to users for whom the bulletins are intended, since payroll bulletins consist of instructions to agencies concerning the processing of payroll transactions. OMCE remains a resource for answers to M/C payroll-related questions, as should your agency/facility payroll office.

Q.  Does prescription drug coverage extend into retirement??

A.  Yes, your prescription drug coverage continues into retirement along with your health coverage. To continue your coverage, you must be enrolled in NYSHIP (New York State Health Insurance Program) at the time of your retirement and meet the minimum service requirements; five years, if you were last hired before April 1, 1975; ten years, if you were last hired after April 1, 1975.

Q.  Why have you stopped posting answers to our questions? With the amount we pay in dues, I think there's an accountability issue here.

A.  We haven’t stopped responding to questions. The answers are usually posted within 3-5 workdays, but the problem is they’re not appearing in the order in which we post them. Unfortunately, you’ll have to scroll through the entire page to find them. We are nearing completion on re-design of the web site, which will correct the problem. In the meantime, we have posted a notice on the home page scroll and news page alerting members to the problem.

Q.  Where do I fill out the form to become a member?

A.  Click on the 'Membership & Enrollment' link in the left navigation bar. Fill out the requested information, print the form and mail or fax it to OMCE.

Q.  Effective 4/7/05 my bargaining unit changed from MC to PEF; am I still eligible for the March 2005 Performance Advance and Salary Increase?

A.  You should check this out with your payroll office. They, in turn, will be able to do the same, if necessary, with the Salary Determination Unit in the State Comptroller’s Office. If a promotion to a higher salary grade, you will be entitled to reconstruction of your salary which involves applying the April 2005 M/C performance advance to your pre-April 2005 salary and then recalculating your promotion to the new salary grade. If a lateral transfer at the same or an equivalent grade level, then your eligibility for a performance advance will be determined by the rules for PS&T employees. That is, you will be entitled to an April 2005 performance advance, if you are below the job rate of the new grade, have one year of service in the same or an equivalent grade, and did not receive a performance advance in October 2004 (which you would not have, since you were in an M/C position). In all cases, you will also receive the benefit of the 2.75% general salary increase. (4/15/05)

Q.  Now that the 2005-06 Budget has been signed by the Governor, is there a line item in there for the back pay that is due to the MC staff?

A.  No, not that we’re aware of. But, if we win the lawsuit, the State will be required to follow the court’s directive to restore the lost performance advances and the 2003 merit pay program.

Q.  Hello! I sent you the question about M1/661 salary schedules. As a follow up question: If I understand you correctly, I will continue to just move along with steps and percent raises until I reach job rate (currently five years from when I started, so if I started in 2003 then I will hit job rate in 2008. After that, my salary will go up to whatever job rate is designated to be in future 'contract' decisions to the top of the pay scale whatever that is at the time. Is this correct?

A.  Yes, your understanding is correct.

Q.  Can you please tell us what the cost of allowing Tier 2 and late Tier 1 employees to have 6 weeks of vacation time added to their FAS. Now thata budget has been passed, is more likely something may happen this year in terms of rectifying this inequity..

A.  If this bill is enacted, it is estimated that it will cost the State about $16 million annually in increased contributions to the NYS Employees’ Retirement System and cost municipalities and other participating employers approximating $23 million. The bill would also increase annual contributions to the NYS Local Police and Fire Retirement System of another $6 million by the State and $16 million by participating employers. With the budget having been passed on time, we will be pressing the Legislature to use the time remaining to address our legislative priorities, including this bill. (4/15/05)

Q.  You have written that it takes five years to reach top of grade. You state that it is six steps. Unless you receive the first step on day zero, it will take six years to receive six advances. AS for me, it will take seven years, thanks to our current governor.

A.  Were it not for the Budget Director’s withholding of performance advances in 2003, it could have taken as little as 5 ½ years to reach job rate, since someone appointed before mid-October is able to meet the “at least 13 full payroll periods before April 1” minimum service requirement for a performance advance on April 1. We are still awaiting the Appellate Division’s decision on the State’s appeal in our 2003 performance advances lawsuit. Hopefully, we will prevail and you won’t have to wait seven years to reach the top of your grade.

Q.  How long for the new website and will the dates of questions be added back. I just scrolled the entire FAQ and found some answers about the appeal. Thanks.

A.  We are unable to give a precise date for launch of the new site yet. The FAQ will be organized by subject (Compensation, Attendance and Leave, Grievance and Discipline, etc.), thereby eliminating having to scroll through the entire page to find the answers to specific questions. FAQ will be posted chronologically by category and generalized where possible. To the extent that dates are relevant to a question, we will post them. (4/15/05)

Q.  If an employee is promoted from SG-23 to M1 or from M1 to M2, is that counted as one or two grades when calcualting the promotion raise?

A.  Advancement from SG-23 to M-1, or from M-1 to M-2, is treated as two grades when calculating salary increases on promotion. This is based on application of Section 131.2a of the Civil Service Law which provides that “for purposes of determining the increase for employees promoted, appointed or otherwise advanced to a position in one of the salary grades with the prefix M, each grade with the prefix M shall be deemed to constitute a two grade advancement.” Since the M grades resulted from combination of odd and even number SG grades (SG-24 and SG-25 became M-1, for example), movement to M-1 from SG-24 or SG-25, however, would be treated as a lateral move.

Q.  Is there a deadline by which the Appelate Division has to reposnd to the appeal for the lawsuit about our performance advances ?

A.  No, there isn’t a deadline. And the court doesn’t necessarily decide cases in the order in which they were considered. We are hoping for a decision soon.

Q.  I am confused about the salary schedules. I can see my grade (sometimes referred to as M1, sometimes 661). If I started in 2003 in M/C (but previously was in PEF), my understanding is that I use the 4/1/04 salary schedule. If this is the case, what happens with job rate for future years' salary schedule. Should I be figure my job rate to be what it is listed as for 2004 or will it go up, per the following year's schedules? Should I be thinking my salary cap is 74K or 82K or what??? I am most confused. Please advise. Many thanks for a wonderful site and I can't wait for the Appellate court decision!

A.  M-1 and 661 mean one and the same thing. The “M” stands for “Management” and “66” is a numerical prefix used instead of “M” for payroll processing purposes. As for your pay, if your current salary is the job rate of M-1 as it appears on the 2004 salary schedule ($74,575), then your salary in April 2005 will be the job rate of M-1 on the 2005 schedule (+2.75%, or $76,626). In April 2006, your salary will be the job rate of M-1 on the 2006 schedule (+3%, or $78,925). In April 2007, your salary will increase by $800 to $79,725. If you wish to discuss, call us at 800-828-6623 (456-5241 in the Albany area).

Q.  During your meetings on Legislative Day did you get a sense on whether any pension enhancement legislation would be likely this year?

A.  It was difficult to get a sense from the legislators with whom we met of what, if any, pension legislation would be likely this session, since their major focus was on getting the budget passed on-time. We expect we will be in a better position later in the session to assess the likelihood of any pension enhancement legislation passing. Watch this web site and the OMCE Newsletter for periodic legislative updates.

Q.  I recently heard the vacation buy back for 2005 has been approved & the election forms are out. However they have not been posted on OAG Main Page Website & no one has seen them as of yet. Also it is already 4/4/05 and still no word on the Appealate Courts decision concerning the withholding of the April 2003 performance raises? Any idea why the delay, since in earlier Q & A's you alluded to the Middle of March the time when you anticipated a decision coming down? Also if we win or lose is there still a change for the losing side to APPEAL again? Thanks for all your help in this matter & others!!!!

A.  We here hoping for a decision before April 1. Mid-March was only speculation on our part. As soon as we receive the decision (soon, hopefully), we will post an announcement on the home page scroll and the news page. As for further appeal, if two of the five appellate justices dissent, the losing party has a right to appeal to the Court of Appeals, the State’s highest court. If less than two of the justices dissent, or if the appellate decision is unanimous, then the losing party can ask permission to appeal to the Court of Appeals. The Appeals Court can either decide to take the appeal or decline to intervene. Information on the vacation buyback program, including the election form, was mailed to your agency personnel office by the Governor's Office of Employee Relations on March 18. Contact your personnel office for a copy of the election form or, if you prefer, give us a call (800-828-6623)and we'll fax a copy to you.

Q.  No word yet on the appeal, how do you think it looks for us?

A.  We are still awaiting a decision on the appeal from the Appellate Division. We had hoped for a decision before April 1. Mid-March was only speculation on our part. We cannot speculate on which way the decision will go, however. As soon as we receive the decision, we will post an announcement on the home page scroll and the news page.

Q.  Any news on the appeal decision. It is way past mid-March. A comment would do.

A.  We are still awaiting a decision on the appeal from the Appellate Division. We had hoped for a decision before April 1. Mid-March was only speculation on our part. We cannot speculate on which way the decision will go, however. As soon as we receive the decision, we will post an announcement on the home page scroll and the news page.

Q.  Do you know whether the Appelate Division announces decisions just on Thursdays? Since you gave us the case number, I have been checking and that is what it looks like. By the way, if you win, you definitely get a cut of my back pay!

A.  Yes, the decisions are issued on Thursdays and posted on the Appellate Division Website, 3rd Judicial District, by 12:00 Noon. Look for Gilligan v Stone. (4/15/05)

Q.  Where can improprieties be reported confidentially. It is pitiful what goes on where I work.

A.  Please call the OMCE office (1-800-828-6623) We will discuss with you confidentially the issues you believe need to be addressed and the appropriate agency to be contacted.

Q.  Te following is provided in answer to the many emails and questions posted at our website, and congratulatory messages too, concerning the recent court ruling in the lawsuit brought by OMCE against the Budget Director’s withholding of M/C performance advances and merit payments:

A.  On December 23, 2003, State Supreme Court Judge Thomas J. Spargo ruled that the Budget Director exceeded her authority in terminating the M/C performance advance and merit pay programs. He annulled her actions taken in Budget Bulletin D-1108 as “arbitrary and capricious and in excess of the Legislature’s delegation of authority.” He directed the Budget Director to implement the applicable provisions of the Civil Service Law (CSL) retroactive to April 1, 2003—thereby restoring the statutory performance advances provided for in CSL Section 131.6.c and reinstating the M/C merit pay program (CSL Section 130.8.b and Chapter 732 of the Laws of 1988, Section 13.3.a, as amended by Chapter 68 of the Laws of 2000, Section 9). As a result of this decision, performance advances will be payable retroactive to April 1, 2003 to eligible M/C employees who hold a position allocated to a salary grade in the competitive or non-competitive class and whose salary is below the job rate of their grade.. With restoration of the merit pay program, all M/C employees irrespective of grade level or jurisdictional class will be eligible to be considered for a merit payment. We expect that the State may appeal—it has 30 days to file a notice of intention to do so—thereby placing a stay on implementation of Judge Spargo’s decision.

Q.  The following is provided in answer to a number of questions we have received concerning whether or not the State can be required to pay interest on the withheld performance advances.

A.  Our lawyers advise that, since our lawsuit was one of equitable action (that is, challenging the policy that resulted in the withholding of money), there is no right to interest and any order directing payment of interest is entirely at the court’s discretion. Our lawyers argued that the court take “just and appropriate action” and, while that term is sufficiently broad to include provision for the payment of interest, nevertheless Judge Spargo did not order the State to pay interest. And, according to our lawyers, it would be unusual to see interest assessed in this type of case.

Q.  As an MC employee who plans to retire in approximately three years, I would be interested to know how the issue of final average salary will be handled if and when the performance advancement dispute is resolved. If the withheld monies are paid in lump sum, does that mean that the amount withheld won't be included in the amount we should have been earning in a given year for purposes of determining a final average salary?

A.  We have confirmed with the Employees Retirement System that, if the payment is made before you retire, your retirement earnings record will be reconstructed as if you had been paid the performance advance when it was due. If the payment is made after you retire, your retirement allowance will be adjusted similarly.

Q.  Are Management Confidential employees in the Judiciary allowed to join OMCE and receive the full benefits of the organization?

A.  Management/Confidential employees in the Judiciary are welcome to join OMCE and participate in the benefits of membership, although there are some limitations. Please call us to discuss at 1-800-828-6623 (in the Albany area: 456-5241).

Q.  Why aren't the newsletters posted on this website? Some of us might prefer receiving the newsletters electronically rather than on paper. Would save OMCE money.

A.  OMCE members can access the newsletter in pdf format via the “member login” that is located in the upper right hand corner of the home page. Call us at 1-800-828-6623 for your user name and password.

Q.  Under the Vacation Exchange Option, M/C employees who elect to sell back vacation time have that time immediately deducted from their accruals, but the cash payment isn't made until the first week in December, based on their October 1, 2004 salary. What happens if an employee retires or dies before October 1st? Are they or their estate still entitled to receive the cash distribution in December?

A.  Vacation exchange pay is computed based upon your annual rate of pay in effect on October 1 or, if you leave your M/C position prior to October 1, upon your salary in effect at that time. You and your estate remain eligible for the December payment if you retire or die before then. Vacation exchange pay does not become part of your basic annual salary and, therefore, is not included in the computation of your retirement allowance.

Q.  How can OMCE give representation when the Taylor law says M/C employees have no representation.

A.  The Taylor Law prohibits M/C employees from organizing for collective bargaining purposes, but OMCE represents the interests of M/C employees in many ways well beyond the scope of the organizing activities excluded by the Taylor Law. Examples include: litigation (protecting our members in areas such as job security, the merit system, employment discrimination and other issues affecting working conditions); lobbying for OMCE’s legislative program and monitoring bills that may affect M/C employees; providing legal defense in disciplinary proceedings (including filing answers to disciplinary charges, negotiating settlements and providing representation at Section 75 hearings); grievance representation; and legal and other advocacy with state and federal agencies promoting and protecting the rights of members.

Q.  It is well known that OMCE has supported the Tier 2 equity legislation consistently in the past and will continue to pursue its passage. Where do PEF and CSEA stand on this issue?

A.  AFL-CIO and its affiliates PEF and CSEA support this legislation.

Q.  If I retire in the next few months or so and subsequent retroactive pay raises are approved (ie new mc pay bill, OMCE lawsuit), are my retirement benefits reconfigured by the Retirement System?

A.  Barring any court imposed terms to the contrary, if you retire and a pay raise is approved retroactive to a date preceding your retirement, you can expect to receive retroactive payment of the raise and recalculation of your retirement benefit. The change to your retirement benefit would be based upon an adjustment to your final average salary resulting from retroactive application of the increase to the biweekly salary payments you received before retiring and (if eligible) to your final lump sum vacation payment.

Q.  How do I apply for a loan?

A.  As an OMCE member, you can apply for a loan through the Union Privilege loan program. Call 1-888-235-2759 or on OMCE's website, click on LINKS, then click on Union Privilege.

Q.  Is there a group that covers M/C employed by NYC?

A.  Yes, the NYC Managerial Employees Association (MEA). The telephone number is 212-964-0035. If you would like more information from us, call OMCE at 1-800-828-6623.

Q.  Are M/C employees at a SUNY campus represented by OMCE? Can they become a member and be eligible for benefits like the OMCE long-term care insurance?

A.  Yes, call us at 1-800-828-6623 for more information.

Q.  Can you tell me about the MC scholarship program?

A.  OMCE members are eligible to participate in the scholarship program offered by the Office and Professional Employees International Union (OPEIU). The Kelly Scholarship is open to members (2 yrs +) who are studying labor relations and provides $2000 total maximum value. The Coughlin Scholarship is open to members and their children to attend college, university or recognized technical or vocational post-secondary school. FT and PT scholarships are available--FT - $1250 per year - total maximum value $5000, PT - $500 per year - total maximum value $2000. For more information please call the OMCE office at 1-800-828-6623.

Q.  How does one log in on this site? Who establishes username and password?

A.  To log in on the OMCE member only site, please call OMCE at 1-800-828-6623 or 518-456-5241 to get the username and password.

Q.  I am in atitle that is M/C but had several years ago been in PEF. What determines which titles are in what bargaining unit? WHo initiates changes etc.

A.  Changes to a position’s bargaining unit and determinations as to the appropriateness of a position for designation as M/C are made by the State, on a temporary basis, subject to challenge by the employee organization representing the bargaining unit affected and final determination by the Public Employment Relations Board (PERB). Most changes are initiated at the request of the agency having the position and typically arise out of a position classification or reclassification action. For more detailed information, please call us at 1-800-828-6623.

Q.  Does the OMCE legislative proposal for a state match for M/C employees participating in the Deferred Compensation Program include all M/C staff or just those above a certain salary grade?

A.  The legislation makes no distinction among M/C employees by salary grade—all would qualify who meet the 5 years/10 years at job rate requirements and are participating in the Deferred Compensation Program.

Q.  What is OMCE doing about the closing of the NYC TCC and the relocation of those jobs to upstate?

A.  We are already working in consort with PEF and CSEA and we will be enlisting support via our AFL-CIO affiliation and our friends in the Legislature.

Q.  In Regards to IPP program are you aware that a 211 waivered employee will probably not receive any benefit under this program, the disibility amount as per the ipp agreement is off set first by the amount of the retirement the 211 waiverd employee is currently receiving, there is a cap on the IPP monthly and yearly disiblity which is lower than most recently (five years or less) wmployees. Currently OAG OCTF AND MFCU units are looing into purchasing disibility insurance on their own. You may want to look into this problem for the benefit of your members.

A.  We are aware of the retirement offsets and other limitations the IPP imposes on benefit payments and, for that reason, we contracted with a vendor to provide OMCE members with a private group disability income protection plan. The OMCE plan offers members opportunity to purchase up to $3,000 of monthly tax-free income protection for accident or sickness. Our policy after 1 year in force covers pre-existing conditions. Call us for information at 800-828-6623 (456-5241 in the Albany area).

Q.  I was wondering if you could tell me out SG23 became ineligible for OT, Holiday Pay , and the like. I realize there are FSLA guidelines but it has never been made clear. I bring this up as once you hit this your are stuck financially, whereas employees in my agancy who are below SG23, such as 21's earn far more with their Hopciday pay, OT and the like. Is there ever go to be a chance to rectifiy this or make the SG23 titles paid at level where your subordinates don't make more than you?

A.  The State’s rules and regulations for Overtime Compensation are set forth by the Director of the Budget pursuant to section 134 of the Civil Service Law and are published as Part 135 of title 9 of the NYCRR. You can find the full text of the rules, containing the criteria the State uses to determine whether or not a position is eligible for overtime compensation, in Budget Policy and Reporting Manual Item G-110 which is available on the Division of the Budget’s web site. All position titles at Grade 23 and above, as well as hundreds of titles below Grade 23, have been determined by the State to be ineligible for overtime, based upon application of the criteria contained in Part 135. A list of the overtime-ineligible titles below Grade 23 can be found in Attachment B to Budget Bulletin G-1024, also available on the Division of the Budget’s web site. As for your subordinates making more than you, OMCE has fought for many years to correct the many pay inequities M/C employees face, repeatedly raising concerns about salary grade compression between managers and their subordinates and submitting legislation to address the lack of pay parity for M/C employees with their bargaining unit counterparts. The State (both the Executive and the Legislature) has turned a deaf ear to these concerns, so far. But, the concerns remain and we will continue to press on to get them addressed.

Q.  When are performance awards distributed?

A.  Performance awards, or merit payments as they are now called, can be paid at any time during the fiscal year. Payment dates usually vary from agency to agency, since the agencies determine when and to whom payments will be made, according to broad guidelines promulgated by the Division of the Budget (Budget Policy and Reporting Manual Item D-280).

Q.  In response to a question on performance advances, you stated that performance advances provided raises of about 1/6 of the difference between hiring rate and job rate. You went on to say that it would then take 5 years to reach job rate. If the advance is 1/6, wouldn't it take 7 years to reach job rate? A full year at hiring rate, then six subsequent years of steps to job rate - unless the Budget Director decides we're being paid too much money, in which case it can take 8 years?

A.  It takes 5 years to move from the hiring rate to the job rate. This is accomplished in six steps. Using the former Grade M/C-22 salary as an example, it would take 5 years (in six annual steps of $1,999) for an employee’s salary to increase from $50,502 (hiring rate) to $62,491 (job rate). Counting from date of hire, it can take from 5 ½ years to 6 ½ years to reach job rate. For example, an appointee with a minimum of 13 pay periods in the new grade before April 1, 2004 would be entitled to receive a performance advance increase on April 1, 2004, but an appointee with less than 13 pay periods in the new grade before April 1, 2004 would not be entitled to an increase until April 1, 2005. (As you point out, all of this assumes no withholding of performance advances by the Budget Director.)

Q.  In April 2003 I was in an MC position and due to the actions of the Budget Director I do not receive a performance advance. In September 2003 I transferred to another agency and into a PS&T title. If OMCE wins the appeal, what happens to the performance advance that I was entitled to receive but did not receive?

A.  You would be entitled to the difference between the salary you were paid in the period from April to September 2003 and the salary you would have been paid during that period had your performance advance not been withheld.

Q.  I do not want to become a member at this time, but I do appreciate what you have been doing. Can I send you a contribution? If so, would I do more than write out a check and send it to you? Thanks. (1/19/04)

A.  A check by mail would be fine to OMCE, 3 Washington Square, Albany, NY 12205-5523. We appreciate your support. Thanks!

Q.  What are the limitations on how long a Civil Service list can be extended? I am very discouraged that my agency has not updated promotional lists since Spring, 1997. I took the first Test Battery in Fall, 1996 and got a raw score of 85, so my rank on department promotional lists is based on that. In fall, 1997 I took the battery again and got a score of 100. I was thrilled with that, but almost 7 years later it's done me no good. Since I started feeling that the 10 year limitation on banking the test score might be up before it did me any good, I took the battery again this spring and got another raw score of 100. Neither of these scores of 100 do me any good when the promotional list isn't updated. Do I have grounds for a grievance? Although I hate to go that route, I am getting increasingly frustrated.

A.  Although Civil Service Law Section 56 limits the life of an eligible list to between one and four years, the same section grants the Civil Service Commission discretion to extend lists beyond four years during periods when there are restrictions on hiring. Accordingly, while your frustration with the circumstances you describe is understandable, there are likely no grounds for a grievance. These are difficult times, certainly. With respect to promotion lists, a case may be able to be made for replacing an old list with a new list when the makeup of the promotion field has changed significantly (e.g. as a result of turnover) and a hiring freeze waiver can be obtained for filling positions for which the list is appropriate. If you would like to discuss this further, call us at 1-800-828-6623 (456-5241 in the Albany area).

Q.  Can OMCE assist an employee with either a greivance or work place discrimination?

A.  Yes, we do it all the time. Grievance and legal defense services are available to OMCE members in good standing for ninety (90) days prior to the occurrence of the event giving rise to the request for services. Call us for membership information and/or assistance at 1-800-828-6623.

Q.  Tier 4 Union employees are allowed to add 30 days vacation to their final average pay at retirement and up to 200 days of sick leave which is applied towards the premiums for health insurance but also adds additional service time at approximately 1 month for every 22 days sick leave. Are these 2 benefits available for MC employees of all grades? Please advise. Thanks.

A.  These benefits are available to M/C employee members of the State Employees Retirement System in the same manner as for bargaining unit employees, except that members in the Security Services and Security Supervisors bargaining units can use up to 200 days sick leave to increase their service credit, whereas other Retirement System members including M/C employees are limited to 165 days. As you correctly point out, you may use up to 200 days of unpaid accumulated sick leave credit at retirement to offset your post-retirement health insurance costs. Inclusion of 30 days vacation pay in the computation of final average salary is available to members in all tiers, except Tier 2 and late Tier 1 members. We have pursued legislation to correct this tier inequity. The bill is currently in the Senate Civil Service and Pensions Committee and the Assembly Governmental Employees Committee.

Q.  Once I am finished with my traineeship, will I receive a percentage increase that will take me from Grade 14 to Grade 18 or do I just receive the adjustment that trainees earn at the end ofo the traineeship. It seems that because I am going up 4 pay grades, that I should receive whatever any other employee would get for a four-grade promotion. Please advise.

A.  The 2-year trainee salaries are ungraded, non-statutory (NS), and movements between traineeships and graded positions are not covered by the rules governing promotions between graded, statutory positions. There is a rule under which a State employee who enters a traineeship from a graded position is guaranteed, upon entry, the higher of either the employee’s salary in the graded position or the entry trainee salary. Upon completing the traineeship, such employees are entitled to receive the higher of the hiring rate of Grade 18 or an adjustment specified in the trainneship plan. For information specific to your situation, you may wish to contact your agency or facility payroll office.

Q.  I read in a PEF Info Memo that the State has informed them that they plan to implement an Empire Plan Hospital Network for M/C and other unrepresented workers on January 1, 2005. Is this so and if yes where do we get information as to how this effects Empire Paln enrollees in M/C titles.

A.  M/C employees are covered by the same provisions effective January 1, 2005. As a condition laid down by Blue Cross of getting a preferred rate, major employers across the country, including New York State, are moving to a hospital network provider model, according to the Department of Civil Service. Every hospital currently operating in New York State will be included in the planned Empire Plan Hospital Network—nationwide, about 94% of hospitals currently participate. The State has reached agreement with UUP and is developing joint language on this with CSEA, according to the Department of Civil Service. Here’s how it works: Covered inpatient services received at a network hospital will be paid-in-full; covered network outpatient services will be subject to a copayment. Covered inpatient services received at a non-network hospital will be reimbursed at 90% of charges; covered outpatient services will be reimbursed at 90% of charges or a $75 copayment, whichever is higher. There will be a $1,500 annual co-insurance maximum for non-network inpatient and outpatient services combined, but once an enrollee, enrolled spouse/domestic partner or all dependent children combined have incurred $500 in out-of-pocket non-network expenses, expenses in excess of the $500 will be reimbursed up to the $1,500 coinsurance maximum. There are exceptions: Inpatient and outpatient services received at a non-network hospital will be reimbursed at the network benefit level for emergency treatment, where a non-network hospital is an exclusive provider of the needed services, or where there is no reasonable access to a network hospital. The hospital network provider requirement will not apply to enrollees who are Medicare primary.

Q.  How are titles deemed to beong to M/C as opposed to PS &T. Is there a way for titles to ber reviewed for reassignment to another bargaining unit.

A.  Whether or not a position is designated M/C revolves about the “managerial” or “confidential” criteria contained in the Taylor Law. Changes to a position’s bargaining unit and determinations as to the appropriateness of a position for designation as M/C are made by the State, on a temporary basis, subject to challenge by the employee organization representing the bargaining unit affected and final determination by the Public Employment Relations Board (PERB). Most changes are initiated at the request of the agency having the position and typically arise from a review of the position’s duties.

Q.  In looking at the salary schedules for MC employees, there is an obvious discrepancy in the differences between all grade levels, and those specifically directly above and below the MC Grade 18. Why is there only a differnce of roughly $ 200 between the Grade 17 and the Grade 18? Is there a remedy to this error in the works, and if not, how is this fair to Grade 18 employees?

A.  Over the past decade, the difference in compensation packages between union-represented employees and M/C employees has grown more pronounced to the disadvantage of M/C employees. We have discussed these salary inequities, particularly those for M/C employees at the Grade 18 through Grade 25 levels, with the Governor’s Office of Employee Relations for many years without resolution. We have suggested moving the Grade 18 salary closer to Grade 19 as a first step toward resolving the Grade 17/18 compression problem and in a manner that would not disrupt the whole salary schedule, again without resolution.

Q.  Can you tell us who chairs and co-charis the government employee committee in the legislatures or whatever the committee is called that handles legislation for retirement bills. I realize you have neither the comptroller or legislative members have said pension enhancements are likely this year. However, some are not really enhancements at all> rather they are bills to provide equity and fairness. I specifically refer to the TIer 2 bill which would allow the 6 weeks vacation to be added to your FAS> Many in tier 2 are at or close to retirement age. Can't we try toi mobilize members of OMCe and other units to get something going. The 16 million dollar price tag quoted on this page is really a pawltry amount given the total contributions made. Please help......

A.  In response to your question, we are pleased to provide you with information on how to contact the legislative committees concerning the tier equity bill. We have and continue to discuss the need to pass this bill in our legislative contacts. This bill has also been on the priority agenda of other unions and the AFL-CIO. We regularly encourage OMCE members to contact their legislators with their concerns and invite their participation in OMCE Legislative Day which we schedule annually in March. Peter J. Abbate, Chairman Assembly Government Employees Committee 839 Legislative Office Building Albany, NY 12248 518-455-3053 Fax 518-455-5524 Email: abbatep@assembly.state.ny.us Joseph E. Robach, Chairman Senate Civil Service and Pensions Committee 902 Legislative Office Building Albany, NY 12247 518-455-2909 Fax 518-426-6938 Email: No address listed

Q.  What is the per cent of performance advances? How long does it take to reach the top of your grade?

A.  Performance advances for M/C employees increase salaries by 1/6 of the difference between the hiring rate and the job rate of a grade. Thus, it will take 5 years for an M/C employee who starts at the hiring rate to reach the top of the grade, less years for an employee who starts above the hiring rate, as often happens when employees are promoted. As a percentage of salary, performance advances range from about 5% of the hiring rate at M/C-3 to 4% of the hiring rate at M-7. Performance advance amounts are not specified for grade M-8.

Q.  The following information is provided in response to the many questions we are receiving concerning the 2003 Performance Advance Withholding lawsuit appeal and to keep members up-to-date on developments:

A.  Appellate Division decisions are posted on Thursdays at: www.nycourts.gov/ad3/. Click on Latest Decisions and Term Calendar and look for No. 95375, Gilligan v Stone. A decision had not been issued as of Thursday, April 28. We understand the frustration among members that the matter is not settled yet. There are a lot of variables that can affect the timing of a decision, all of them beyond our control. Our attorneys advise in the strongest terms against anyone contacting the court, as some questioners have suggested. There is no negotiation with the court on this and the State has not evidenced any interest in settling. We have been involved in a number of court proceedings over the years and, in our experience, a more than three-month wait following oral arguments is not unusual. Until the court decides the case, we need to be patient.

Q.  Do you ever think we will see a decision on our appeal from the Apellate Division? This is 2+ years now, and was infuriating 2 years ago!

A.  Any day now, but you’re right, it is infuriating! (4/15/05)

Q.  In reference to retroactive amounts that would be due - what about the performance advance and the 3 1/2 % raise denied employee capped at $75,000 in April 2002.? Are you still seeking to recover this money? Thanks for all you are doing.

A.  We lost our lawsuit over the Budget Director’s imposition of the salary cap in 2002. Nevertheless, we are hoping that a successful outcome in our 2003 lawsuit will lead to (or strengthen the argument for) relief for the exempt and certain non-competitive class employees who were affected by the 2002 salary cap.

Q.  If, in the end, the withheld increment lawsuit is successful and resolved in the spring of 05, what exactly will be reimbursed. Will it be the increment withheld for 03 plus 04 and part of 05 plus the amount that would have been paid because of the raise retroactive to 03? This seems like a very substantial amount. For M-1's and higher it could mean 6 or 7 thousand if I' figuring right. Please advise and thasnks for a great FAQ page!

A.  In his decision on our lawsuit, State Supreme Court Judge Spargo annulled the Budget Director’s action terminating the 2003 M/C performance advance and merit pay programs and directed her to restore both programs retroactive to April 1, 2003. Should Judge Spargo’s directive stand through the appeals process, M/C employees whose performance advances were withheld in 2003 can expect to receive an increase in their base salary resulting from reconstruction of their salary retroactive to April 1, 2003 and payment (presumably in a lump sum) of the actual dollars they lost since April 1, 2003. You are figuring correctly—for many this will be a substantial amount. But, think of it this way, it’s your money—money you were entitled to under the compensation provisions of the Civil Service Law that were the basis for our success in State Supreme Court.

Q.  Is location pay included in your FAS?

A.  Location pay is included in compensation for retirement purposes, including FAS (Final average salary). FAS is defined as the highest average of wages earned during any three consecutive years.

Q.  I read(I think) months ago that the budget director's powers were increased. If this is true, can you state how their power was increased and how it will affect M/C employees?

A.  Language was inserted in the 2004 M/C pay bill that expands the legal basis for the Budget Director’s withholding of pay increases from M/C employees to include the very Civil Service Law provisions upon which our 2003 lawsuit was based. This expanded authority can only be applied with respect to M/C pay withholdings occurring on or after April 1, 2004 and not to the April 1, 2003 withholdings that were the subject of our 2003 lawsuit which is currently under appeal.

Q.  Have you information on how we will be compensated for the money we contributed into our retirement system before they stopped it?

A.  The 2000 amendment to the Retirement and Social Security Law that provides for the cessation of contributions by Tier 3 or Tier 4 members after ten years also provides that contributions made prior to an employees’ cessation date cannot be refunded. Bills have been introduced in the Legislature to amend the latter provision. A Senate/Assembly bill would entitle Tier 3 and 4 members to a refund, upon retirement, of contributions made in excess of ten years together with accumulated interest. An Assembly bill would allow Tier 3 and 4 members who contributed for a period of ten years or more to receive an additional month of service credit for each year of service in excess of the 10 years of service for which they contributed. The Assembly bills have been referred to the Governmental Employees Committee; the Senate bill is with the Senate Committee on Civil Service and Pensions. As for the likelihood of passage in 2005, that remains to be seen.

Q.  What if anything can M/C employees over grade 18 expect relative the Enchancement Program wherein emploees SG18 or below can forfeit 3 days of annual or personal leave in return for up to $400.00 credit toward health insurance premiums.

A.  We were told in our discussions with the Governor’s Office of Employee Relations that, in all probability, the costs of the Productivity Enhancement Program will preclude its expansion to higher grades, since bargaining unit employees as well as M/C employees participate in the program. The program, which began for M/C employees on January 1, 2005, is being conducted on a pilot basis through 2007. We will be monitoring the participation of M/C employees with a view toward developing recommendations for the program’s enhancement and/or continuation beyond 2007. If you have not done so, we suggest you consider participating in the M/C vacation exchange program, a uniquely M/C benefit that OMCE was instrumental in securing in 2001 and 2002 and, with its resumption this year, for three more years through 2006. Under the vacation exchange program, all M/C employees irrespective of grade level can elect to forfeit up to five days of vacation leave annually in return for a cash payment equal to the full dollar value of the forfeited leave—a far better return than under the PEP.

Q.  Can someone please explain what the criteria is for earning overtime. I know that anything over SG23 is ineligible. What is the reason for this ? Is it tied to FLSA or was it preexisting?In my agency , there are individuals who are SG-21 who have similar responsibilities than those managing a larger unit as a grade 23. The 21 gets OT the 23 does not. I would appreciate any info on this and whether there is any appeal process to have a title reviewed for eligibllity.Thank you

A.  The eligibility/ineligibility criteria for overtime for State employees are set forth in Budget Bulletin G-1024 dated July 27, 1986. The bulletin was issued to provide guidance in light of the State’s compliance with the FLSA (Federal Labor Standards Act). The prohibition on overtime compensation to employees in grades 23 and higher predates the FLSA and survived when the State’s titles were reviewed against the FLSA’s requirements. There were also many positions below Grade 23 that were determined to be ineligible for overtime compensation based on application of the FLSA criteria. These are listed, by agency, in an attachment to Budget Bulletin G-1024. The criteria are too lengthy to enumerate here. You can access Budget Bulletin G-1024 yourself on the Division of Budget web site at the following address: http://www.budget.state.ny.us/bprm/bulletins/bulletinindex.html To the extent that a position’s duties and responsibilities have changed, it’s eligibility for overtime can be reviewed, but we doubt a position at Grade 23 and above will fail to meet the FLSA criteria for an exemption from overtime eligibility.

Q.  Will people in Western New York who currently get location pay ever see an increase?

A.  An increase appears unlikely before April 2007. The 2004 pay bill continued the location adjustment until then, but at the current rate.

Q.  what is a M/c grade 29 equivelent? M3?

A.  The M-grade equivalents are: 24-25 (M-1); 26-27 (M-2); 28-29 (M-3); 30-31 (M-4); 32-33 (M-5); 34-35 (M-6); 36-37 (M-7); 38 (M-8).

Q.  Are performance advances paid only once a year or are they paid twice a year like CSEA. Thank you

A.  M/C performance advances are paid annually, on April 1, to employees who have completed at least 13 payroll periods of service in the preceding year. Performance advances for CSEA-represented employees are also paid annually, but on either April 1 or October 1, depending upon an employee’s start date. The way the differing rules work, an M/C employee can receive his/her initial performance advance payment in as little as 6 months. A CSEA-represented employee must wait at least one year before receiving his/her initial performance advance. In both cases, depending on start date, an employee may wait up to 18 months before receiving his/her initial performance advance. (4/28/05)

Q.  It's now almost the end of April, any updates on the appeal?

A.  The Appellate Division had not yet issued a decision as of Thursday, April 28. Decisions are posted on Thursdays at www.nycourts.gov/ad3/. Click on Latest Decisions and Term Calendar and look for No. 95375, Gilligan v Stone.

Q.  Do you have a time frame as to when the Appellate Division will be made regarding holdbacks? Any feeling on which way the decision will be?

A.  The court has been deciding quite a number of cases each week and we understand the court recesses sometime in June, so a decision in our case should not be far off. As for the decision itself, we honestly don’t know which way it will go. (4/28/05)

Q.  Thank you for your letter which I received in the mail stating that we won the appeal and will get our withheld pay! When should we expect the money and do you think there are more appeals on the way!?!!? Thanks!

A.  We won a favorable decision in State Supreme Court, but the State’s appeal of our court victory is still pending settlement in the Appellate Division. Depending on the outcome, there may be more appeals. If two of the five appellate justices dissent, the losing party has a right to appeal to the Court of Appeals. If less than two justices dissent, or if the decision is unanimous, then the losing party can ask permission to appeal, in which case the Appeals Court can either decide to take the appeal or decline to intervene. Until the appeals process is exhausted, it is impossible for us to speculate on when (or whether) payment will be made of the monies that were withheld. (4/28/05)

Q.  Is the Appellate Court the final destination for a appeal on the part of DOB or are there additional appeal levels?

A.  If two of the five appellate justices dissent, the losing party has a right to appeal to the Court of Appeals, the State’s highest court. If less than two justices dissent, or if the appellate decision is unanimous, then the losing party can ask permission to appeal to the Court of Appeals. The Appeals Court can either decide to take the appeal or decline to intervene.

Q.  how many work years to receive afl-cio pension?

A.  OMCE members are public employees and, as such, participate in public employee retirement programs, principally the New York State Employees Retirement System. OMCE’s affiliation with the AFL-CIO does not carry with it any union pension benefit for OMCE members.

Q.  In response to a 4/21/04 email, you indicated that you were told that the April 1, 2004 performance advances will place employees at the step on the schedule where they would have been on April 1, 2003 had the Budget Director not withheld payment. My 01/02 evaluation recommended a double increnment. Should my 03/04 evaluation have been increased by that double increment?

A.  No! Irrespective of the recommendation on your performance evaluation, there is no provision for payment of a 'double increment', or more than one performance advance annually. Of course, if we win our lawsuit, you will be entitled to retroactive payment of the performance advance you missed on April 1, 2003 because of the Budget Director's withholding action.

Q.  My question has to do with buying back time and what it effects. I currently am a M/C employee. Previous to being a full time M/C employee I worked for 6 years on a temporary status (sometimes fulltime/sometimes part-time). I have recently been awarded credit time for this service. When I buy this time back will it affect my years of service as far as vaction time is concerned? While working as a temporary employee I did not receive any benefits and did not contribute to the retirement system.

A.  Purchasing prior retirement service credit will not add to the number of years that are credited to you for vacation accumulation purposes, since the latter benefit does not arise from your retirement system membership, but from your status as a state employee covered by the Attendance Rules for the Classified Service.

Q.  whatis the email address of new york city deferred compensation?

A.  You can email the NYC Deferred Compensation Plan by going to the plan’s website (http://www.nyc.gov/html/olr/html/dcp/dcphome.html) and clicking on the email icon appearing at the bottom of the homepage.

Q.  Any word on an early retirement incentive in 2005?

A.  No layoffs or retirement incentives are planned in the Executive Budget for fiscal 2005-2006.

Q.  Why aren't all titles includied is CSEA or PEF...What is the requirement for OMCE. There are manymagerial titles in other bargaining units, and grade for grade, they do far better than us. Why are we 'screwed'?

A.  Article 14 of the Civil Service Law (also known as the Taylor Law), excludes employees in certain positions from the right to collective bargaining. Such positions include those that participate in policy formulation, negotiate with the unions, administer bargaining unit agreements or play a major role in personnel administration (“Managerial”) or work in a confidential capacity to managerial staff (“Confidential”). The law sets forth no other criteria for designating positions M/C, or for removing them from the M/C class. We believe jobs that are managerial or confidential should not be moved into the PEF or CSEA-represented bargaining units because the State chooses to treat M/C’s badly. As a matter of fact, if you have specific knowledge of any managerial titles that are in the bargaining units, we would appreciate your letting us know. We can be reached by calling 800-828-6623 (in the Albany area, 456-5241). We have worked since OMCE’s founding in 1976 to promote and protect the interests and rights of M/C employees and we have resisted diminution of the benefits available to M/C employees. Our lawsuit in State Supreme Court over the Budget Director’s withholding of the 2003 M/C performance advances is a notable example.

Q.  Will late Tier 1 employees be able to add vacation credits to their salary at retirement?

A.  Late Tier 1 members (that is, those who joined the retirement system after March 31, 1972 and before July 1, 1973) and all Tier 2 members cannot add vacation credits into their final average salary calculation at retirement. Legislation to change that has been stalled in the Legislature but, as we have for the past several years, we will continue to press for its passage in 2005. We encourage late Tier 1 and Tier 2 members to contact Assemblyman Peter J. Abbate and Senator Joseph E. Robach, Chairmen respectively of the Assembly Government Employees Committee and Senate Civil Service and Pensions Committee, urging action on the bills that have been reintroduced each year.

Q.  Given the sharp rise in gasoline prices, has there been any discussion of raising the mileage reimbursement on travel?

A.  New York State reimburses travel based on the mileage allowance established by the Internal Revenue Service—the 2005 rate is 40.5 cents per mile, up from 37.5 cents per mile in 2004. By adhering to this allowance, according to the Comptroller’s Office, reimbursements for mileage are not taxable to the employee. The IRS adjusts its rates based upon an annual study of the fixed and variable costs of operating an automobile. The 3-cent increase is the largest one-year increase ever and likely attributable to higher gasoline prices and the resulting increased costs of operating an automobile.

Q.  Do you have any idea how long (or why it takes so darn long) it will take to get test results from the April 2nd test for the Promotion test battery? Seems like last year we waited several months for results! Many thanks for a most informative web site!

A.  According to information contained in the 2005 Promotion Test Batteries exam announcement (Test Results, page 4), you should expect to receive your results about two months from the test date. (4/28/05)

Q.  do I still get the time to take a test if I respond to a posting for an exam?

A.  Yes! The Civil Service Attendance and Leave Manual, from which we quoted in answer to your previous question, also states: “An employee, upon providing sufficient notice, is entitled to leave with pay without charge to credits to take any New York State Civil Service promotion or open competitive examination (includes written, oral, physical and performance examinations) for a State position.”

Q.  I recently received the following regarding leave. An employee is entitled to leave with pay without charge to accruals to be interviewed for a position provided the employee has not initiated the interview. An interview which results from a response to a canvass letter or other agency initiated inquiry directed to a specific employee is not deemed to be employee-initiated and the employee is allowed leave with pay. If the employee initiates the interview, the time off must be charged to personal leave, vacation, holiday, or comp OT. Sick leave may not be used. An employee is deemed to have initiated an interview if the interview is a result of a phone inquiry made by the employee, an unsolicited resume submitted by the employee or a response to a posting. Is it accurate, that an employee seeking a state job needs to charge leave accruals?

A.  It is accurate—the language is taken from the Civil Service Attendance and Leave Manual. The manual is published by the Department of Civil Service to guide state agencies on administration of the attendance rules. The purpose of the policy, as stated in Section 21.10, Leave for Civil Service Examinations, is “to provide eligible employees with a reasonable amount of time off with pay without charge to credits to take State level Civil Service examinations and to be interviewed for promotions and transfers under certain circumstances.” The manual goes on to state, however, that “appointing authorities may consider in-house interviews in response to postings to be an assignment to duty and therefore not charged to credits.”

Q.  I was recently told tht agencies can promote employees up to two grades in what is called an 'administrative promotion' so long there is linkage between your current and promoted title. What exactly is this?? I had never heard of it before. Thank you

A.  Section 52.6 of the Civil Service Law permits voluntary transfers without examination between administrative titles (titles determined by the Department of Civil Service to be in one of the following categories: law, personnel, budgeting, methods or procedures, management, records analysis, or administrative research). Transfers pursuant to Section 52.6 may be made to higher graded positions within two salary grades or one M-grade. Consecutive 52.6 transfers will not be approved if the transfer will result in an employee advancing more than two grades or one M-grade.

Q.  Is there a salary cap on raises?

A.  No, the budget bulletins prohibiting payment of the general salary increase and performance advances to certain M/C staff earning $75,000 or more in 2002 and withholding performance advances and merit payments from all M/C staff in 2003 were superseded in 2004 when the Budget Director issued instructions implementing the 2004 M/C pay bill legislation providing for a 2.5% general salary increase effective April 1, 2004, an $800 non-recurring lump sum payment, and 2004 performance advances and merit payments. Unless and until the Budget Director exercises the salary withholding authority provided in the pay bill legislation, M/C staff should expect to receive payment of the annual general salary increases, performance advances and other payments provided for in the M/C pay bill through March 31, 2007.

Q.  Whi is eligible for on call/recall pay?

A.  M/C employees do not receive on-call pay. We have sought an on-call pay benefit for M/C employees similar to that earned by PEF-represented employees (who receive 20% of their daily rate of pay for each day on-call), but our efforts, with both the Legislature and the Governor’s Office of Employee Relations, have been unsuccessful so far. Overtime-eligible M/C employees, who are recalled to work and whose actual working hours exceed their regular workweek, receive overtime compensation.

Q.  When I joined the State I was told I had to join the IPP program -- that it was 'mandantory'. I would rather not have joined but did not have a choice. Can anything be done about this?

A.  A solution we have sought for several years (so far, unsuccessfully) is for the State to restore the sick leave accrual rate for all M/C employees to thirteen days annually, as was the case before the IPP was introduced in January 1986. Another approach we are looking at is one modeled after the State’s recent contract settlement with AFL-CIO District Council 37, the union representing the 400-employee Rent Regulation negotiating unit, wherein the State agreed to grant IPP-covered employees a one-time opportunity to opt out of the IPP. As for the probability of success, doubtless the size of the M/C class and the potentially greater number of M/C employees opting out compared with the smaller number of employees in the Rent Regulation unit will be a factor. Nevertheless, we remain convinced that M/C employees should be earning sick leave at a rate comparable to negotiating unit employees and, to that end, we will continue to seek restoration of a higher sick leave accrual rate for M/C employees.

Q.  what affirmative action bills are pending in 2005?

A.  Assembly bill #00905 would create an independent office of affirmative action within the Executive Department to enforce and oversee affirmative action programs. The bill has been introduced annually since 1991-92 and is currently in the Assembly Government Operations Committee. You can access both a summary and the full text of the bill by clicking on “Search Legislature” in the left-hand column and searching by bill number.

Q.  With the resumption of performance advances, should we now be at the step at which we would have been now had the performance advances not been suspended, or merely at the step we should have been a year ago?

A.  We checked this out with the Comptroller’s Office and were told that the April 1, 2004 performance advances placed employees at the step on the schedule where they would have been on April 1, 2003 had the Budget Director not withheld payment.

Q.  Are you going to address the misstatement made in one of the posted questions? The question inferred that all M series graded jobs are non-competitive, political positions. At least some of NY state's M series titles are competitive, including at least M-1, M-2, M-3, and M-4 titles. (5/13/04)

A.  We didn’t take the same inference from the question as you did. As a matter of fact, there are many more competitive class employees than non-competitive employees in Management/Confidential grades M-1 through M-8. At last count, according to our records, there were 3,563 M-grade employees in competitive class positions versus 846 M-grade employees in the non-competitive class.

Q.  Just wanted to say “thanks” to OMCE for this board. I check in weekly and have found some of the questions/answers informative. Keep up the good work!

A.  Thanks!

Q.  It seems such a waste to have appointees in high grades M1 and above get raises? Isn't it a waste to give political appointees the benefit when they leave when the governor's party changes?

A.  We are not persuaded that the interests of the M/C class of employees on the whole is advanced by distinguishing one jurisdictional class over another in the granting of pay raises. Also, many non-competitive class and exempt class staff are career M/C employees who came up from the competitive ranks or are on leave of absence from a competitive class position. We count a number of them among our members. While we have consistently fought attempts to weaken the merit system over the years, nevertheless our membership transcends jurisdictional class lines. We carry an obligation, therefore, consistent with our mission and purpose, to advance the interests of all of our members and to ensure that all M/C employees are treated fairly and equitably.

Q.  Is there any way to get out of the Income Protection Plan?

A.  Your enrollment in the M/C Income Protection Plan will continue for as long as you either remain in the M/C class or return to the M/C class following service in a non-M/C position or even separation from service.

Q.  The following information is in further response to an earlier question concerning performance advances for 2-year trainees whose salaries do not exceed the hiring rate of Grade 18.

A.  According to the Comptroller’s Office, a 2-year trainee whose salary does not exceed the hiring rate of Grade 18 who missed a 6-month performance advance in 2003 because of the Budget Director’s withholding action will receive the higher 12-month advance ($1,876 for “meets expected standards” or $2,867 for “substantially exceeds standards”) not the lower 6-month payment that was missed ($1,250 or $1,876) when the 12-month advance payment becomes due on or after April 1, 2004. Similarly, a trainee who missed the 12-month advance will be entitled to receive the higher amount 18-month advance when it becomes due on or after April 1, 2004. Again, the length of the traineeship will not change and trainees who complete the traineeship satisfactorily will still advance to Grade 18 after 2 years.

Q.  What is the website for the Appellate Division?

A.  The Appellate Division web address is: www.courts.state.ny.us/courts/. Decisions are posted on Thursdays and can be accessed by going to www.nycourts.gov/ad3/ and clicking on Latest Decisions and Term Calendar. Look for No. 95375, Gilligan v Stone. (4/28/05)

Q.  Are MC employees in Trainesships eligible for Merit Awards? I am in a traineeship and am wondering about my eligibility. If so, is there anything, other than the probationary evaluation that would need to be completed on my behalf by my supervisor/agency?

A.  All M/C employees are eligible for merit awards and agencies have discretion within rather broad guidelines to develop their own procedures and criteria for recognizing meritorious performance. We suggest that you (or your supervisor) contact your agency or facility personnel office for information on what is required in order to nominate an employee for a merit award.

Q.  NYSERS sent an e-newsletter this week that says the maximum sick leave days that can be used for additional service credit has been changed from 165 to 200 for CSEA and MC employees. Is that a result of legislation? Does it apply to all MC employees (classified or not)?

A.  The increase in the number of sick leave days that may be used for retirement service credit was provided for in the 2004 pay bill. The bill amended Section 41 of the Retirement and Social Security law by increasing the 165 days limitation contained therein to 200 days for executive branch employees in specified negotiating units or in positions designated managerial or confidential pursuant to article fourteen of the civil service law. Section 41 limits participation to “members in the employ of the state who, prior to retirement, were subject to a plan established by law, rule, regulation, written order or written policy which provided for the regular earning and accumulation of sick leave.” But, that’s been a long-standing requirement. Generally, as a rule of thumb, if you are an M/C employee and you were eligible to participate before, then you should be eligible now.

Q.  When I became an M/C employee in 1991, I foolishly opted for the M/C IPP (Income Protection Plan). I am told that this choice is irrevocable. Is this truly the case, and I'm stuck losing 5 sick days per year until I retire?

A.  We believe the IPP is a good program, especially should anyone ever suffer the misfortune of a long-term disability, but we don’t believe it should cost M/C employees five days of sick leave annually. We have pressed for restoration of the five days, particularly in light of the Governor’s action restoring lost sick days to PEF-represented employees in 2003, and we will continue to do so. You were advised correctly—the choice is irrevocable.

Q.  How can OSC get away with not adjusting trainee salaries to reflect the 6, 12, or 18 month performance advances that previously occurred? If they do not make the adjustment, they will be causing some serious pay inequities. Since the later advances are higher, a trainee who reaches one of these milestones post 4/1/04 will now be making more than a trainee who has actually been here longer, but simply had the misfortune to have their milestone fall before 4/1. Also, at 12 months, a Trainee I is “promoted” to a Trainee II. Shouldn’t that new title have a new NS equivalent salary attached to it? Can’t the trainee at least be brought up to that level?

A.  Unfortunately, as we learned last year when there were questions concerning the applicability of the Budget Director’s performance advance withholding action to trainees, movement at all levels within the 2-year traineeship (including from Trainee 1 to Trainee 2) is by way of performance advances and, therefore, subject to the withholding action that was taken. The payroll instructions issued by the State Comptroller on M/C performance advances simply implements the policy set forth by the Budget Director in Budget Bulletin D-1111 which, while providing for performance advances beginning April 1, 2004, left the effects of the 2003 withholding actions in place. We are continuing our work toward restoration of all monies that were withheld.

Q.  Is the Appeal in process of such minor importance to the party to render a decision that we have to wait for ever for the outcome? Isn't there a reasonable time frame for a response. To some of us we are banking on the decision and it would be nice to know the outcome.

A.  The court has been deciding quite a number of cases each week and we understand the court recesses sometime in June, so a decision in our case should not be far off. (4/28/05)

Q.  Is this delay in the decision a sign of bad news to come?

A.  It could just as well be a sign of good news to come. We don’t see any significance to the lack of a decision yet. (4/20/05)

Q.  Since the state seems to have plenty of money now, is there any indication they will pay up (instead of appeal again) if the DOB lawsuit ruling is upheld in OMCE’s favor?

A.  We honestly don’t know whether the State would appeal further. If two of the five appellate justices dissent, the losing party has a right to appeal to the Court of Appeals. If less than two justices dissent, or if the decision is unanimous, then the losing party can ask permission to appeal, in which case the Appeals Court can either decide to take the appeal or decline to intervene. (4/20/05)

Q.  I am a M-3 Resident Engineer in the Department of Transportation. There is talk about the 'Transformation' eliminating this title by replacing with so called 'Area Transportation Managers' covering multiple residencies and the RE's being replaced by Grade 25 Residency Managers. What rights do the RE's have to stay in their present positions? What does OMCE know about Transformation and the promises that nobody was going to lose their job, etc.

A.  Typically, when a position filled by permanent appointment is identified for reallocation to a lower grade as a result of reorganization or restructuring, the item is merely earmarked for downgrading at a later time when it becomes vacant. In the meantime, the incumbent of the item continues to be paid at the higher grade, despite performing duties that warrant reallocation to a lower grade. We are generally aware of the Department of Transportation’s “Transformation” initiative and have submitted a request to the Department for specific information that we can review and use to inform OMCE members who may be affected. In the meantime, you may wish to inquire of your Human Resources office concerning your rights and how they believe you might be affected. And give us a call to discuss, if you wish, at 1-800-828-6623 (456-5241 in the Albany area). (4/20/05)

Q.  Back in the 80's, the State withheld pay from employees by postponing paydays so you wound up losing 2 weeks pay in total. The next year thge same program was implemented but onl one week was lost. You were suppose to get this salary added to salary when you retire. In a few years I hope to retire. However, my personnel payroll department has no clue about this. In talking to the ERS, they tell you to take to your payroll dept. Can you please provide some info on this ... Thanks

A.  Because of the 10-day lag payroll, separating employees will have another check coming at the end of the payroll period following the payroll period in which they leave the payroll. Employees who were subject to the five days salary deferral that was applied beginning in 1991 will also receive payment for the five days (at their final rate of pay) upon separation from the payroll. These payments do not increase final average salary (FAS), but may be included in the FAS calculation in the following circumstances. If your FAS is based on the 36 months of service immediately preceding retirement (typically, this is the case), the lag payroll check you receive two weeks following your last day of service will be included in the calculation of your final average salary. This payment does not increase your FAS. It merely represents the final two weeks of the 36 months used in calculating your FAS. Payment for the five days would be included in your FAS only in the unlikely event that the quarter in which they were withheld fell within the 36 months upon which your FAS is based.

Q.  What is the downstate ( NYC and Long Island) location pay during our new agreement.? I checked under salary info but did not find anything. Thanks

A.  The downstate location pay adjustment increased from $1,200 in 2003 to $1,230 effective April 1, 2004. It will increase further to $1,264 on April 1, 2005 and $1,302 on April 1, 2006.

Q.  Has there been any updates in the appeal?

A.  We are still awaiting a decision on the appeal from the Appellate Division, which we had hoped to see by mid-March. As soon as we receive the decision, we will post an announcement on the home page scroll and the news page.

Q.  Not all Tier 1 employees can get vacation pay added to their FAS. Isn't this discrimination as they are all members of the same tier but treated differently. You previously replied to a previous inquiry that it is not discriminatory if two tiers are invoved.

A.  The point we were making was that sustaining a charge of discrimination or claim of equal protection with respect to retirement benefits would require that members be similarly situated, since members do not have a constitutionally protected right to the benefits of members with whom they are not similarly situated. Retirement system members had a constitutionally protected right to inclusion of up to 30 days’ vacation pay in the calculation of their final average salary until the Legislature removed the benefit for those members joining the system on or after the April 1, 1972 effective date of the legislation. As a result, members joining after April 1, 1972 (late Tier 1) and members affected by legislation creating a second retirement tier in 1973 (Tier 2) do not have a constitutionally protected right to inclusion of vacation pay in their final average salary calculation.

Q.  Will OMCE be requesting of the court, interest and penalties from the state if we ultimately prevail in the lawsuit to have the performance advance payments made?

A.  Since our lawsuit was one of equitable action (that is, challenging the policy that resulted in the withholding of money), there is no right to interest. Any order directing payment of interest would be entirely at the court’s discretion. We argued that the court take “just and appropriate action” and, while that term is broad enough to allow for payment of interest, nevertheless Judge Spargo did not order the State to pay interest. And, according to our lawyers, it would be unusual to see interest assessed in this type of case.

Q.  Tier 2 inequities discriminates against Tier 2 employees. Why has this problem been taken to court ? Afterall other tiers can get a FAS for the rest of their lives that we can't. The legislature appears not to care about state employees and equality. And if the state is an equal opportunity employee....where is this equal?

A.  Before answering your question, we consulted with OMCE counsel. Sustaining a charge of discrimination or claim of equal protection would require that employees be similarly situated. A Tier 2 member, while similarly situated with respect to other Tier 2 members, is not similarly situated with respect to members of other tiers. State employees have a constitutionally protected right to their retirement benefits, but employees in one or another retirement tier do not have a constitutional right to the benefits applicable to members of other tiers. Therefore, the remedy is not with the courts, but with the Legislature and, specifically, the tier equity legislation we continue to pursue vigorously with the Legislature.

Q.  I worked for the city in 1970 and was not asked to join union. I am in process of buying back the time. can I then aplly to be restated back to tier one?

A.  You can apply for reinstatement only to your former retirement tier; that is, to a tier in which you were previously enrolled. So, unless you were actually enrolled in Tier 1, as it appears from your question you were not, then you cannot now be reinstated to that tier. You may apply to purchase prior service credit, of course, as you are now in the process of doing.

Q.  Will a Defensive Driving Course be offered to M/C employees this year?

A.  Lately, we have been able to meet the demands for a Defensive Driving Course by enrolling members in PEF-sponsored courses on a seats-available basis. Please call our office for course availability and enrollment information at 800-828-6623 (456-5241 in the Albany area).

Q.  My question pertains to one asked previously, and with the 'resoution' of this years contarct negotiations, appears still unresolved. On the MC salary scehdule, the starting salary for a grade 17 is $41,727; the starting salary for a grade 18, $41,952 (a difference of only $242.00 ). The difference in the starting salary between the grade 19 ($44,242) and the grade 18 ($41,952) is $2,290, and this is consistent more or less with the difference between all other grades. In answer to an earlier question, there was talk of attempting to remedy this inequity by moving the salary grade for an 18 up closer to that of the 19 and/or by proposing a match in deferred comp contributions for grade levels 18 and above. What happened, and why is this blatant inequity allowed to persist. It would seem that this is an obvious and unfair situation, and one requiring a solution based on civil service tenent. Is there some formalized way to bond/organize other MC grade 18 who are in this situation that might make it possible for movement to be made in terms of resolution? At this point, it would appear foolish for anyone in an MC position to want to remain affiliated with MC if it is possible for them to transfer out to a position at the same grade level in PEF or CSEA. What is the problem in resolving this?

A.  We have been trying for years to get the State to address a number of inequities in the compensation scheme for M/C employees, including the Grade 17/18 salary schedule structural problem, other pay parity problems and failure to provide longevity compensation for M/C employees in Grades 18 and above. So far, the State has turned a deaf ear to our repeated pay equity proposals, including our recent years’ deferred compensation match legislation with which we have been seeking to provide an acceptable “in lieu of” alternative to longevity compensation. As for the Grade 17/18 issue, one of the problems is that, in practice there are two schedules, with Grade 17 representing the level at which the clerical/secretarial ranks top out and Grade 18 the beginning professional/managerial level. Writing your legislators, the legislative leadership, and the governor as well, and urging passage of OMCE’s legislative initiatives, such as the deferred compensation match bill, is a way that you and your fellow M/C employees can help bring about change. We plan discussion with the Legislature on a number of salary equity issues—including this one.

Q.  I currently feel that my work enviroment is unsafe. What should I do?

A.  It is difficult for us to suggest what you might do without specific information concerning the nature and extent of the risk, how you are affected, etc. Please give us a call at 1-800-828-6623 (456-5241 in the Albany area). We will be happy to discuss this with you, in confidence if you wish.

Q.  By following this board it is apparent that simply is not enough interest to remedy the salary disparities between MC and other units in terms of grade issues,longevity( defeered comp. legislation not to mention the inequities in retirement e.g tier 2 , vacationpayment added to FAS, etc. Since many members may not for whatever reason actually write tot he respective members of the legislature. why not send letters in your next OMCE news in an effort to get as many members of OMCe to sign and forward.. Maybee having more interst thatn just a couple of letters would get some attention. Lastly, is there no MEDIA venue to expose the financial inequities the State continues to foster on us. Again anyone can figure out that financially, you do far better in CSEA thatn in MC . There should be some effort to treat all employees equally in terms of grade pay and retirement.

A.  From time to time, we appeal to members to call or write their legislators on issues of significance to M/C employees. We have even provided form letters, as you suggest. We believe every letter counts and is an important adjunct to our formal lobbying activities. Nevertheless, you are right that it will take more than a few letters from members to get their legislators’ attention. As for the media, while we are grateful for publicity that calls attention to the inequities that M/C staff face and our efforts to correct them, please understand that the general public, to whom media coverage is addressed, is not sympathetic to state employees getting more—either salary, pension benefits or anything else. We view our lobbying activities with the Legislature and our contacts and dialogue with the Executive (and in the courts, when necessary) as appropriate forums for our activities on behalf of M/C employees. Incidentally, tier equity is not solely an M/C issue. It affects all Tier 2 employees and has been on the AFL-CIO legislative agenda for some time.

Q.  I am a City of New York managerial employee who has been offered a managerial position with a State agenc y. I am a participant in the City's pension system (NYCERS) with 17.5 years of credited service. Upon joining the State system, and transferring my service-will I be required to contribute 3% of my salsry for 10 years? Also, will I be able to transfer any accumulated sick or annual leave. Thank You.

A.  According to the State Employees Retirement System, with 17.5 years of service credit in the New York City Employees Retirement System, you will not be required to contribute when you transfer to the State system. Transfer of your accumulated sick or annual leave credits is another matter. There is no agreement between the City of New York and the State Civil Service Commission that provides for the transfer of leave credits between the City and state agencies.

Q.  What are our grievance procedures?? My agency personnel dept have stated M/C employees do not have this right. Does OMCE help employees in this area?

A.  M/C employees are covered under the Executive Order 42 Grievance Procedure promulgated by Governor Rockefeller in 1970 to extend to employees not covered by a collective bargaining agreement an opportunity to submit grievances. A copy of the M/C Grievance Procedure can be found in the Appendices to the M/C Handbook (Appendix J: Grievance Procedures). If you do not have a copy, you can access it online at www.goer.state.ny.us/MC/handbook. OMCE provides grievance and legal defense services to its members. Call us for information at 800-828-6623 (456-5241 in the Albany area).

Q.  Is there a legal length of time that a Civil Service List can remain active? My agency is still using lists that were established 6-7 years ago.

A.  Section 56 of the Civil Service Law fixes the duration of an eligible list at not less than one nor more than four years, but gives the Civil Service Department discretion to extend the list beyond four years when there is a restriction on the filling of vacancies.

Q.  When are increments paid?? I am currently an M/C employee. I will probably be placed in another title in Septmeber. Do I have to wait until October for my first increment or will it be paid in April.

A.  M/C performance advances (increments) are payable annually on April 1 to employees below the job rate of their grade who have completed at least 13 full pay periods of service in the grade in the year preceding April 1. Generally, your promotion (to a higher grade) will need to occur before mid-October in order for you to be eligible to receive a performance advance in the new grade on the following April 1.

Q.  The Federal guidelines for Health Savings Plans was changed as a result of new legislation. One of the benefits is that the money contributed which is tax deferred is not lost if not used and can aculumate similar to IRA.. The info on the state webstate still list the old provisions . Can you check to see if the State plans to or must change the guidelines. I have tried to with my agency, but as usual no one has a clue. Thanks for your help.

A.  The federal changes to which you refer are in connection with the new Health Savings Plans (HAS) authorized by Congress in the 2003 Medicare bill. The changes are not applicable to the State’s Health Care Spending Account, so the “use it or lose it” requirement of the State’s pre-tax program will continue unchanged. There is some good news to report, however. Over-the-counter (OTC) drug expenses are now reimbursable through the Health Care Spending Account. Reimbursable expenses include allergy remedies, antacids, cold medicines and pain relievers. A more complete list is available on the State’s Flex Spending web site at the following address: http://flexspend.state.ny.us/otc.asp. As for the new HSAs, they are designed principally for self-employed persons and others who are paying high health insurance premiums. In order to participate in an HSA, you would need to be insured in an HSA qualifying high-deductible health insurance plan, not a traditional health plan like NYSHIP. The higher the deductible, the less the premiums cost. The idea is to invest the dollars saved on premiums in an IRA-like account where they can grow and be available for future medical-related expenses or be withdrawn for medical expenses not covered by the high deductibles. Relatively healthy persons with low medical expenses can realize a long-term IRA-like benefit with an HSA, but an HSA is not a good idea for those who regularly incur significant medical expenses.

Q.  Apparently if the Court is taking so long to arrive at a decision on appeal, there must be an issue/issues they need to resolve. the delay seems to indicate that this is not a slam dunk and things do not bode well for employees.

A.  As we answered earlier in response to a similar observation, we don’t see any significance to the lack of a decision yet. (4/28/05)

Q.  The federal government passed new legislation relative to the payment of overtime which took effect in August 2004. What if any impact will this have on State employees? Is the SG23 still the cut-off or will it be changed?? There is an income cap of $100,000 for eligibility as well as other criteria? What info do you have? Thanks

A.  We do not expect the new federal overtime rules, as proposed, will have any effect on the overtime eligibility of State employees generally. Although from time-to-time there may be some title-specific situations that will require clarification, we expect that Grade 23 will remain the cut-off. As it turns out, the new rules are currently pending repeal in Congress. We will keep our members apprised of any developments that might have implications for M/C employees, although with exception of one title-specific situation about which we have sought clarification and with the rules facing repeal, there is nothing to report currently.