Contract Pay:

Institution Teachers are employees in teaching titles and vocational titles in the Department of Corrections and Community Supervision (DOCCS), Office of Mental Health (OMH), the Office of Children and Family Services (OCFS) and the NYS School for the Blind and Deaf.  All teachers teach during the academic year, from September through June of each year.  Their contract obligation is determined by the main office of the agency.  Any work performed over the summer is paid in addition to these wages at an hourly rate.

Note: These positions are represented by PEF (BU05).

Comp Rate Code of 21P vs. Comp Rate Code of CAL

Institution teacher’s salary is reported as a yearly wage on job data and is paid either over the term of their contract (Comp Rate Code 21P) or over the calendar year (Comp Rate Code CAL).

• 21P Teachers elect to be paid over only the academic year (September to June) and are paid using Additional Pay Earnings Code CON. Their biweekly wage is determined by dividing their annual salary by the number of days in the academic contract and multiplying this amount by 10.
  • They are paid performance advances which are effective on the first day of their department’s contract.
  • 21P Teachers can be appointed at any time during the applicable year.
• CAL Teachers elect to be paid over the entire calendar year (9/1 – 8/31) and their biweekly wage is determined by using the calculation .038356 for the non-leap years and .038251 for leap years. They are paid using Earnings Code RGS.
  • They are paid performance advances which are effective 9/1 of the applicable year.
  • CAL Teachers can only be appointed effective 9/1 of the applicable year (Appointments after 9/1 can only be into a position with a Comp Rate Code of 21P- see above)

In all cases if the teacher is in a NYS Position in a lower grade (Teacher 1, Teacher 2, Teacher 3) than the budgeted position (all positions are set as a Teacher 4, SG017), the NYS Position must match all attributes (except grade) of the full position including the Comp Rate Code for the entire period of the contract. In no instances should the Comp Rate Code vary.

Creation of a CON Additional Pay Record for Employees with a Comp Rate code of 21P

OSC will effectuate a new contract in Additional Pay using Earnings Code CON for each academic year for all staff with a Comp Rate Code of 21P who are active on the begin date of the new contract. 

• Refer to Payroll Bulletin No. 409 – Changes to Contract Pay for Institution Teachers.
• Refer to the Payroll Bulletins that are issued each year for information regarding contract pay restoration.

The contract dates must always be entered using the begin and end date of the entire contract, regardless of when the employee is actually hired during the contract period. Any reduced earnings will be represented as a partial work percentage or later appointment date.

Transactions that Impact CON Earnings

For employees with a Comp Rate Code of 21P, any changes in an employee’s salary, work percentage, work status, change in contractual obligation (contract begin and/or end dates) etc., may require an adjustment to an employee’s contract earnings. The procedure to adjust these earnings will depend on when the change occurs as outlined below. 

Transactions for Open Contracts

When Job Data changes occur for an active employee (Employee Status of A or P) who has a Comp Rate Code of 21P and the effective date(s) of the change falls within the contract dates for the current academic year contract and that contract is still ongoing (open contract), PayServ will perform the following actions:

• Determine the employees’ new biweekly rate by dividing the annual salary the employee should receive over the span of the contract by the number of days in the contract and multiplying the resulting number by 10.
  • Employees with a reduced work percentage will have their biweekly rate prorated accordingly.
• If the transaction is retroactive, also determine what the employee should be paid from the start of the contract through the current pay period based on the changes.
  • If the employee is owed additional money, the biweekly CON earnings will be temporarily increased for the pay period currently being processed to include the retroactive earnings.
  • If the employee is overpaid, the biweekly CON earnings will be temporarily decreased for the pay period currently being processed to recoup the retroactive overpayment
    • If an employee’s overpayment is greater than their normal bi-weekly CON earnings, this will result in a negative CON amount. OSC will adjust the bi-weekly CON earnings to pay the remainder of the contract actually due to the employee. This b-weekly amount is determined by dividing the remaining monies owed by the number of pay periods remaining in the contract.
  • Adjustments to non-contract earnings (such as Location Pay) for employees with a Comp Rate Code of 21P will appear in the Retro Pay Calculation Results page.

When Job Data changes occur for an inactive employee (Employee Status of L, T, R or D) or for an active employee who no longer has a Comp Rate Code of 21P, and the effective dates of the change fall within the contract dates for the current academic year contract and that contract is still ongoing (open contract), PayServ will perform the following actions:

• Determine the adjustment of 21P contract earnings by computing the difference between what the 21P employee already received during the open contract and what the employee should have received for contract earnings based on the transaction that was submitted.
• After the adjustment is calculated by the system, the following will occur, depending on if the contract adjustment is positive or negative:
  • If the adjustment of contract earnings is positive, earnings code ACN (Adjustmt for Contract Earning) will automatically be added to the Additional Pay page to report the adjusted amount. The amount calculated will be entered as the Earnings and the Goal Amount. The employee will appear on the NHRP766 ACN Current Contract report with the adjustment amount.   
  • If the adjustment of contract earnings is negative, the negative adjustment will not be automatically added to the Additional Pay page, however, the employee will be identified on the NHRP766 report. Agencies must follow normal overpayment procedures to recover any negative contract adjustments that are identified on this report.

Transactions for Closed Contracts

When retroactive salary or job changes occur for an employee with a Comp Rate Code of 21P and the effective date(s) of the change fall within the contract dates for a prior academic year contract that is no longer ongoing (closed contract), PayServ will perform the following actions: 

• Determine the adjustment of 21P contract earnings by computing the difference between what the 21P employee already received during the closed contract and what the employee should have received for contract earnings based on the transaction that was submitted.
• After the adjustment is calculated by the system, the following will occur, depending on if the contract adjustment is positive or negative:
  • If the adjustment of contract earnings is positive, earnings code RCN (Retro Contract Pay Adjustment) will automatically be added to the Time Entry page to report the adjusted amount.
  • If the adjustment of contract earnings is negative, the negative adjustment will still be automatically added to the Time Entry page. OSC will review these transactions and contact agencies to commence the regular overpayment recovery process (either leave the RCN on to take against positive earnings the employee may be receiving in the same paycheck or remove the negative RCN and setup a Q Earnings Code in Additional Pay for the appropriate calendar year to recover the overpayment over multiple paychecks).

Pay Equity and Balance of Contract Calculations for Employees with a Comp Rate Code of CAL

As described above, an employee with a Comp Rate Code of CAL elects to be paid over the entire calendar year (9/1 - 8/31). When a transaction occurs for a CAL employee (such as a promotion, demotion, percentage change, or leave with or without pay) that is effective after 9/1, a calculation (Pay Equity) must be performed to ensure that they are paid the same amount they would have received if they were a 21P employee by the end of the calendar year (8/31). This calculation is performed as follows:

1. Sum the amount of regular pay earnings, derived biweekly additional pay earnings (such as Location Pay), lost time earnings and QXX earnings (for a Q related to the respective academic year) that the employee received with earnings dates during the calendar year (9/1 – 8/31)
   • If the employee’s earnings overlap either 9/1 or 8/31, they must be prorated accordingly (for example, if an employee was paid 10 days of RGS with the dates of 8/31 – 9/13, this amount must be prorated to account only for the earnings that fall between 9/1 – 9/13).
2. Determine the total projected earnings the employee would be due to receive through 8/31 based on their most recent status (For example, an employee who is currently on LOA would have projected payments of $0 from the current check through 8/31, an employee with a work percentage of 50% would be projected to receive half their regular earnings from the current check through 8/31, etc…)
3. Determine what the employee would have been paid if they had a Comp Rate Code of 21P.
   • Evaluate their employee history from the start of the academic year through the end of the academic year (not the calendar year).
   • Calculate what the employee would have received if, for each day they are active on the payroll during the academic year, their daily rate was determined using the 21P calculation methodology outlined above (taking into account all transactions that occurred during this timeframe).
4. Determine the difference of the amount determined in Step 3 above minus the sum of the amounts determined in Steps 1 and 2 above.
   • If the resulting amount is positive, a BAL must be submitted by the agency in Time Entry to pay the money owed to the employee.
   • If the resulting amount is negative, a Q for the corresponding academic year must be submitted by the agency in Additional Pay to adjust the contract earnings for the remainder of the calendar year. This adjustment is determined by dividing the resulting amount by the number of remaining pay periods through 8/31.
   • In both cases above, agencies must submit a general comment in PayServ and their Pay Equity calculations to their OSC auditor for review as soon as these transactions are submitted in PayServ. Failure to do so may result in a delay of approving the transaction.

Summer Session

A teacher working during the summer session outside of their academic year obligation shall receive additional compensation at an hourly rate of pay equal to their regular rate of pay when work is performed in their regular position and/or in a title allocated to the same salary grade of their regular position.

Agencies must refer to Payroll Bulletin No. 1839 for procedures on the payment of Summer Session to 21P and CAL teachers.

Last Updated: 9/4/2025