Title 9 Part 142

For the purpose of these regulations, certain terms used in subdivision 7, section 130 of the Civil Service Law are defined as follows:

Refers to the wage rates paid by a significant number of employers in the area or location who employ substantial numbers of workers in the occupation involved.

Consists of an identifiable place in the State, as specified by the Director of Classification and Compensation, on the basis of geographical or other physical boundaries, with reference to the particular occupation involved and to related labor market considerations.

Class (title) or series of classes in the New York State service.

An occupation or occupations having duties and responsibilities substantially the same as those of the occupation or occupations in the State service which become the subject of review under this section of law.

This term in its statutory context is the measure by which rates for a given occupation in private or other nonstate employment in one or more areas of the State exceed the rates for the same occupation in State service. Substantiality here shall be construed to mean a difference in the salaries paid by nonstate employers for a particular occupation in a high rate area, and the salary paid for the same occupation by the State, sufficiently large as to reasonably support a finding by the Director of Classification and Compensation that the State will be at a competitive disadvantage in the employment of qualified persons for positions in the occupation in the high rate area without the authorization of a geographic area pay differential.

The Director of Classification and Compensation may, on his own initiative, subject to the approval of the Director of the Budget, authorize a geographic area pay differential for any occupation in one or more areas of the State in accordance with the provisions of subdivision 7 of section 130 of the Civil Service Law.

An application for a geographic area pay differential may be filed by an employee, employee representative or appointing officer. Such application shall be submitted on a form prescribed by the Director of Classification and Compensation, which shall require, but not be limited to, the following information:

Pursuant to paragraph (b) of subdivision 5 of section 130 of the Civil Service Law, an employee, employee representative, or appointing officer aggrieved by a determination of the Director of Classification and Compensation may appeal from such determination to the Civil Service Commission. Such appeal must be made within 60 days after receipt of written notice of such determination. Determinations of the Civil Service Commission shall be subject to the same conditions, restrictions and limitations provided by law and the implementing rules which govern determinations by the Director of Classification and Compensation.

An application filed with the Director of Classification and Compensation shall not receive favorable consideration by him under the provisions of subdivision 5 of section 130 of the Civil Service Law in any case in which the application is based essentially upon:

A geographic area pay differential shall be terminated:

The Director of Classification and Compensation may, at his discretion, review existing geographic area pay differentials with reference to need or appropriateness and make such changes as may be warranted, subject to the approval of the Director of the Budget.