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Appendix B

Recurring Increment Payment Eligibility Rules

The following rules shall govern the eligibility of Employees for the Recurring Increment Payment (“RIP”) provided for in Article III, Section 11 of the 2005-2008 Attorneys Agreement.

  1. Only service in pay status shall be used to calculate the qualifying years of service. A continuous year of service shall be a full year of service without a break of more than 31 days. Where the regular and customary work year for a title is less than a twelve month year, such as a school year, such regular and customary year shall be credited as a continuous year of service counting towards the qualifying years of service. If the normal work year for an employee is less than the regular and customary work year for the employee’s title, it shall be counted as a continuous year of service if the employee has customarily worked that length work year and the applicable agency verifies that information.
  2. Part-time employees shall be ineligible to receive RIPs, but prior part-time service shall be credited to full-time employees on a pro rata basis, provided all other terms and conditions set forth herein are met.

    1. An employee must have regularly worked at least one half the regular hours of full time employees in the same title or if no full-time equivalent title exists then at least 172 hours for white collar positions or 20 hours for blue collar positions.
    2. Such part time service shall be prorated by dividing the number of hours worked per week by a part-time employee by the number of hours worked per week by a full-time employee in the same title. If no full-time equivalent title exists then the divisor shall be 35 hours for white collar positions or 40 hours for blue collar positions.
  3. Service in pay status prior to a break in service of more than one year shall not be used to calculate the qualifying years of service.
  4. The following time in which an Employee is not in pay status shall not constitute a break in service, but such time shall not be used to calculate the qualifying years of service:

    1. time on a leave approved by the proper authority which is consistent with the Personnel Rules and Regulations of the City of New York or the appropriate personnel authority of a covered organization,
    2. time prior to a reinstatement,
    3. time on a preferred or recall list, and
    4. time not in pay status of 31 days or less.
  5. RIPs shall be considered a salary adjustment for the purposes of Article III, Section 1(d) of this Agreement and the maximum salary of an eligible title shall not constitute a bar to the payment thereof.
  6. Once an Employee has qualified for a RIP and is receiving it, the RIP shall become part of the Employee’s base rate and included in calculating all salary based payments, except as provided in paragraph 7 below. Any future negotiated general increases shall be applied to RIPs.
  7. A RIP shall not become pensionable until two years after the Employee begins to receive such RIP.


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