Title 9 Part 566

The following State officers and employees in the Executive Branch are eligible to exchange excess vacation credits for cash payment:

Employees in these eligible categories who are paid on a part-time basis may participate and receive the exchange payment on a prorated basis. Employees in these covered categories who are on leave are eligible to participate in the program. Employees whose salaries are prescribed by section 169 of the Executive Law or whose salaries were prescribed by that section prior to the enactment of Chapter 55 of the Laws of 1979, and those in negotiating units represented by employee organizations pursuant to article 14 of the Civil Service Law, are not eligible to participate in the exchange program.

In order to participate in the excess vacation exchange program, an employee must have 35 or more days of accumulated vacation credits at the time of election.

An eligible employee electing to participate in the excess vacation exchange program must file an election form by May 1 with the payroll/personnel office in the employee's agency/facility indicating the number of days accumulated and the number of days to be exchanged; provided, however, in 1980 such election must be filed on or after June 23, 1980 and on or before August 22, 1980. Failure to file within this time perid will be deemed to be a declination of participation in the program.

Earned and accumulated vacation credits can only be exchanged in full day units and only up to a maximum of five days.

Vacation credits designated for exchange will be segregated from the employee's accrued vacation credits for future cash payment and such days will not be included in the accrued credits of the employee for the purpose of disallowing subsequent vacation credits within the limits otherwise prescribed.

Cash payment in exchange for excess vacation credits will be based on the employee's annual salary in effect on July 1 of the exchange program year, including all annual salary factors in effect on that date. Payment for such exchange will be made by separate check in the last payroll period commencing in November of the exchange program year. Such payment will not be considered part of the employee's basis annual salary, nor will it be considered salary for the purpose of computing retirement benefits. The salary in effect on July 1 means the salary in effect at the beginning of the payroll period the first day of which is the nearest to July 1 or the beginning of the earlier of two payroll periods, the first days of which are nearest but not equally near to July 1.

Employees who file an election but who terminate State service prior to receiving the exchange payment will receive such payment at the same time all other exchange payments are made. In the case of employees who have filed an election but who terminate State service prior to July 1, their salary in effect on the last date of their employment prior to July 1, will be considered to be their July 1 salary.

These rules may be waived, subject to provisions by law, by the Director of Employee Relations whenever he determines that strict adherence to the rules would be detrimental to the sound and orderly administration of the excess vacation exchange program.