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State Management Personnel Manual

0800 Classification and Compensation

0870(F) APPOINTMENTS ABOVE THE MINIMUM SALARY - SECTION 131.1(a)

.1 BACKGROUND

.110 Statutory Authority

.111 Section 131.1(a) of the Civil Service Law provides that the Director of the Division of Classification and Compensation may authorize additional compensation, called an Appointment Above the Minimum Salary (i.e., minimum is the statutory hiring rate of a salary grade), not to exceed the Job Rate of the salary grade of the title to which a person is to be appointed, when the training or experience of the appointee substantially exceeds requirements necessary for appointment.  All such determinations are subject to the approval of the Director of the Division of the Budget.

.120 Purpose

.121 The purpose of Section 131.1(a) is to allow for the recruitment and the appointment of highly qualified individuals with outstanding training and experience when there are no well-qualified individuals available for appointment at the minimum salary of a title.

.122 The Division of the Budget’s Budget Policy and Reporting Manual Item D-400 states that this salary adjustment is only available for the appointment of candidates from outside State service.  Further stated is that this Special Salary Treatment should be used “selectively” and not as a means for “upgrading” the workforce. 

.123 The salaries of State employees serving in the same title and in the same geographical area or location and having qualifications equivalent to or greater than the newly appointed employee must also be raised to the authorized increased salary.  It is the responsibility of State agencies, not the Division of Classification and Compensation, to monitor approved “Appointments Above the Minimum Salary” and submit requests to the Director of the Division of Classification and Compensation to move employees with Equivalent Qualifications (EQ) to the new minimum salary.

.130 Approved Special Salary Treatment

.131 The Division of Classification and Compensation issues a listing of all titles and locations for which Appointments Above the Minimum Salary have been pre-approved by the Division of the Budget. 

.2 PROCEDURE 

.210 Applications

.211 Section 131.1(a) authorizes applications for Appointments Above the Minimum Salary from appointing officers.  Applications should be submitted in accordance with New York STate Electronic Personnel System (NYSTEP) procedures.  To avoid any delays in the review and processing of NYSTEP transactions, State agencies must select the appropriate type of Section 131.1(a) transaction on the NYSTEP panel (either an IM, Increased Minimum, or an EQ, Equivalent Qualification).  A description of each is listed in the NYSTEP/TPM User Manual located on the Department of Civil Service’s web site (see previously listed web site).

.212 All requests should include detailed information about:

  1. The requested salary rate and the eligible list, if any, from which appointment would be made.
  2. The established minimum qualifications of a title.
  3. Evidence (such as a résumé or employment application) that a candidate possesses qualifications which substantially exceed the minimum qualifications for a position.
  4. Evidence that there are no other similarly qualified candidates who would accept appointment at the minimum salary rate and reasons why the candidate will not accept appointment at the minimum salary.
  5. Why a candidate's appointment at a higher rate is in the interest of State service.
  6. Which employees in the title under consideration in the same geographic area or location would be entitled to equivalent salary treatment.

.220 Considerations

.221 Appointments Above the Minimum Salary are normally restricted to original permanent appointments to State service.  Exceptions may be allowed under unique circumstances presented by an appointing officer (i.e., when an existing employee acquires a credential to otherwise qualify for an Appointment Above the Minimum Salary).

.222 Appointments Above the Minimum Salary normally will not be approved for provisional employees who are being permanently appointed.  Exceptions may be allowed under unique circumstances presented by an appointing officer.

.223 Appointments Above the Minimum Salary will not be approved if there are other candidates among the three highest ranking acceptors who also have substantially greater qualifications than the required experience and training and are willing to accept appointment at the minimum salary.  However, it can be authorized for one of the three highest ranking acceptors on an eligible list even though the other two acceptors will accept the appointment at the minimum, providing the other two candidates do not possess qualifications which are substantially in excess of the minimum qualifications.

.225 Appointing officers have the flexibility to choose whether or not to offer a previously approved Appointment Above the Minimum Salary to new employees.  Additionally, if an appointing officer decides to offer a previously approved Appointment Above the Minimum Salary, they can decide if they want to offer all or only a portion of the previously approved Appointment Above the Minimum Salary.

.226 Further specifics and examples of the application of Appointments Above the Minimum Salary 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 Appointments Above the Minimum Salary.  When appropriate and justifiable, the Director retains the statutory authority to either reduce or enhance existing Appointments Above the Minimum Salary, or terminate (i.e., rescind) existing Appointments Above the Minimum Salary.

.232 When an Appointment Above the Minimum Salary is approved for an employee, it immediately becomes a permanent addition to an employee’s salary so the reduction and/or rescinding of an Appointment Above the Minimum Salary will not affect an employee who was the beneficiary of a previously approved Appointment Above the Minimum Salary.


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

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