N.Y. State Finance Law Section 210
Optional payment election

Notwithstanding any other provision of law to the contrary, where the state and an employee organization representing officers and employees in the executive branch who are in positions which are in collective negotiating units established pursuant to article fourteen of the civil service law enter into an agreement, or where the director of employee relations shall authorize for officers and employees in the executive branch who are in positions which are not in collective negotiating units, new employees hired on or after July first, two thousand twenty-six, may elect to receive an optional payment, which shall be in an amount determined by such agreement or for officers and employees in the executive branch who are in positions which are not in collective negotiating units, at a rate to be determined by the director of the division of the budget. Such payment shall not be considered basic annual salary and shall not be included as compensation for retirement purposes. Such payment shall be recovered to the state within the first fourteen pay periods after such payment. The payment specified herein shall also be implemented for:

(a)

nonjudicial officers and employees of the unified court system hired on or after July first, two thousand twenty-six, if the chief administrator of the courts so elects;

(b)

employees of the senate hired on or after July first, two thousand twenty-six, if the temporary president of the senate so elects;

(c)

employees of the assembly hired on or after July first, two thousand twenty-six, if the speaker of the assembly so elects; and

(d)

employees of joint legislative employers hired on or after July first, two thousand twenty-six, if the temporary president of the senate and the speaker of the assembly mutually so elect for all such joint legislative employers. Any election made pursuant to subdivision (a), (b), (c), or

(d)

of this section shall be in writing and filed with the state comptroller no later than September thirtieth, two thousand twenty-five. * NB Repealed upon implementation of terminating the alternate procedure set forth in state finance law § 200 sb 2

Source: Section 210 — Optional payment election, https://www.­nysenate.­gov/legislation/laws/STF/210 (updated Jul. 4, 2025; accessed Oct. 25, 2025).

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Oct. 25, 2025

Last modified:
Jul. 4, 2025

§ 210. Optional payment election's source at nysenate​.gov

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