Over 40 Comp Time II Pilot Program

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MEMORANDUM

To: CSEA and PEF Employees

From: Lorraine Berry, Human Resource Services

Date: April 15, 2009

The Over 40 Comp Time II Pilot Program was negotiated in the 2007-2011 collective bargaining agreements between the State and CSEA and PEF. This is a three-year pilot program that begins July 1, 2008 and ends July 1, 2011. Under this program, state employees represented by CSEA and PEF may opt to earn compensatory time at the time and one half rate in lieu of overtime pay for overtime worked in excess of 40 hours in a workweek.

To enroll in the second year of Over40 II, employees must complete an "Over40 Comp Time II Pilot Program Enrollment Form", and submit it to HRS no later than May 15, 2009. Employees who enroll in the second year of the program will be eligible to receive Over40 II credits for overtime worked beyond 40 hours in a workweek for the period June 25, 2009, to June 23, 2010. To obtain an enrollment form contact Louann at (631) 622-6169 or Cheng-Ling at (631) 632-6191.

Highlights of the Over40 Comp Time II Program are as follows:

  • Eligible employees will earn Over40 II credits at the time and one-half rate for all overtime hours worked in excess of 40 hours in a workweek up to a maximum of 240-hours.
  • Employees who reach the 240-hour maximum will be paid for additional overtime worked at the overtime rate until their Over40 II comp. time balance is reduced below 240 hours.
  • Over40 II credits cannot be charged as a leave accrual to cover absences.
  • Employees may cash out up to 120 hours of Over40 II comp time each year.
    • There will be an annual cash-out election period in October of each year.
    • Election forms will be available prior to the start of the annual election period.
    • For the 2009-2010 program year, the cash out election period will be October 5, 2009, through October 29, 2009.
    • If the pilot program is not extended beyond its scheduled expiration on July 1, 2011, there will be a final opportunity to cash out up to 120 hours of Over40 II credits in December 2011.
  • In any given program year, employees need not be enrolled in the program and need not be currently employed in an eligible position in order to participate in the annual cash out, provided they have Over40 II credits on their time records.
  • Over 40 II comp time credits an employee elects to cash out are deducted from the employee’s time sheet as of the date the employee’s election form is received in HRS.
  • The enrollment period for program years 2009-2010 and 2010-2011 will be April 1 through May 15 of each year.
    • Eligible employees must submit a separate enrollment form for each year of the program.
    • Eligible employees may opt to participate in the program for one or more one-year periods during the three years of the pilot, but need not participate in all three years.
    • Once employees enroll for a program year, they may not withdraw and must participate for the entire program year as long as they continue to be employed in an overtime-eligible position in a participating bargaining unit.
    • Participation continues if the employee moves to another agency and remains in an overtime-eligible position in a participating bargaining unit.
  • An employee receives a lump sum payment for all accrued Over40 II credits whenever one of the following occurs:
    • separates for any reason from state service
    • moves from classified to unclassified service (including the State University system)
    • moves to a position subject to Attendance Rules for Institution Teachers
    • moves to an agency or entity subject to a reciprocal agreement
    • moves to a position in the classified service in another agency
  • Over40 II credits are valued at the employee’s straight-time rate of pay at the time of liquidation, but in no event shall it be less than the Fair Labor Standards Act (FLSA) requirements.
  • Whenever movement takes place between classified service positions in the same agency or within the classified service between facilities or institutions within the same agency (SUNY), Over40 II credits are carried forward on the employee’s time record. This is true regardless of whether the employee continues to be employed in an overtime-eligible position in a participating bargaining unit or moves to an overtime-ineligible position or a position in a bargaining unit that does not participate in Over40 II.
  • Over40 II credits are carried forward on the employee’s time sheet as a separate leave category subject to the provisions of Over40 II.
  • Employees who participated in Over40 I under the 2003-2007 State-CSEA negotiated agreements and who enroll in Over40 II will carry unused Over40 I balances forward to be merged with credits earned under Over40 II into a single leave category subject to the provisions of Over40 II.
  • Employees who previously participated in Over40 I under the 2003-2007 State-CSEA Agreements and who do not enroll in Over40 II:
    • Retain unused credits earned under the previous program, subject to the 120-hour maximum that applies to that program.
    • Record unused Over40 I credits on their time sheet in a separate leave category and have no expiration date.
    • Cannot cash out Over40 I credits during the annual cash out period for Over40 II credits.
    • Carry Over40 I credits forward when employees move between classified service positions in the same agency (SUNY), including movement between facilities and Institutions.

If you have any questions, please contact me at (631) 632-6189

Related Documents

CC:L. Johnson,
R. Sadetsky,
S. Riccobono,
K. Griesbeck,
C. Mord,
S. Lanigan,
C. Speight
J. Hassett

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