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State Management Personnel Manual

0800 Classification and Compensation

0870(E) OCCUPATIONAL PAY DIFFERENTIALS– SECTION 130.13

.1 BACKGROUND

.110 Statutory Authority

.111 Section 130.13 of the Civil Service Law provides that the Director of the Division of Classification and Compensation may authorize additional compensation, called an Occupational Pay Differential, for employees serving in positions designated as Managerial/Confidential to maintain appropriate salary relationships over subordinates who occupy positions within the same occupational series.  All such determinations are subject to the approval of the Director of the Division of the Budget.

.120 Purpose 

.121 The purpose of an Occupational Pay Differential is to maintain appropriate salary relationships between Managerial/Confidential supervisors and their represented subordinates.

.130 Approved Special Salary Treatments

.131 The Division of Classification and Compensation issues a listing of all titles and locations for which Occupational Pay Differentials have been approved by the Division of the Budget. 

.2 PROCEDURE 

.210 Applications

.211 Section 130.13 authorizes applications for such Occupational Pay Differentials from appointing officers, employees, and employee organizations.  Requests should be submitted in writing to the Director of the Division of Classification and Compensation.

.212 All requests should include detailed information and documentation that demonstrates the disparity between the salary relationships of Managerial/Confidential supervisors and their represented subordinates.

.220 Considerations

.221 Occupational Pay Differentials are authorized as percentages or fixed dollar amounts for titles by area or location.  Full payment of an Occupational Pay Differential is available where the basic annual salary of an employee is at or below the unadjusted Job Rate of a grade.  The adjusted Job Rate is the Job Rate of a grade plus the Occupational Pay Differential.  Approved employees whose salaries are above the unadjusted Job Rate receive an increase to the adjusted Job Rate, but not above the adjusted Job Rate.

.222 An Occupational Pay Differential is not considered part of an employee's base annual salary.

.223 An employee does not retain the benefit of an Occupational Pay Differential when that employee ceases to be employed in the position, or area or location for which the Occupational Pay Differential was authorized.  Contact the Office of the State Comptroller's Payroll Unit regarding salary implications.

.224 Further specifics and examples of the application of Occupational Pay Differentials can be found in the Office of the State Comptroller’s Salary Manual (see previously listed web site).

.230 Review, Reassessment, and Rescission

.231 The Division of Classification and Compensation periodically reviews the appropriateness of previously approved Occupational Pay Differentials.  When appropriate and justifiable, the Director retains the statutory authority to either reduce or enhance existing Occupational Pay Differentials, or terminate (i.e., rescind) existing Occupational Pay Differentials.


TM-65 - Replaces: All of Section 0800 Dated Prior to August 2008

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