§ 131. Determination of salaries. 1. Rates of compensation. An\nemployee holding a position allocated to one of the salary grades\nincluded in section one hundred thirty of this chapter shall receive the\nhiring rate of the salary grade to which his position is allocated and\nmay receive periodic performance advancement payments based on periodic\nevaluations of work performance in accordance with the terms of\napplicable agreements between the state and employee organizations\nreached pursuant to article fourteen of this chapter and the rules and\nregulations promulgated by the director of the budget. No employee shall\nreceive an annual salary in excess of the job rate of the salary grade\nto which his position is allocated as a result of a performance\nadvancement payment.\n 1-a. Appointment above minimum salary in certain cases.\nNotwithstanding any other provision of this chapter, with respect to\npositions allocated to salary grades in section one hundred thirty of\nthis chapter the director of the classification and compensation\ndivision, subject to the approval of the director of the budget, may\nauthorize an increased hiring rate, not to exceed the job rate of the\nsalary grade of the position to which a person is to be appointed when\nthe training or experience of such appointee substantially exceeds\nrequirements necessary for appointment. The salaries of other employees\nserving in the same title in the same geographical area or location\nhaving qualifications of training or experience equivalent to those of\nthe person appointed shall be increased by such amount as may be\nnecessary to equal the rate of compensation of the person appointed.\n 2. Appointments and promotions to higher grade positions. (a) If such\nan employee is promoted, appointed or otherwise advanced to a position\nin a higher salary grade he shall receive a percentage increase in\nexisting basic salary of one and one-half percent plus one and one-half\npercent times the number of grades by which he is so advanced, or he\nshall be paid the hiring rate of such higher grade, whichever results in\na higher annual salary. For purposes of determining such increase for\nemployees promoted, appointed or otherwise advanced to a position in one\nof the salary grades with the prefix M as prescribed in paragraph d of\nsubdivision one of section one hundred thirty of this article, each such\ngrade with the prefix M shall be deemed to constitute a two grade\nadvancement.\n (b) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, an employee holding a position allocated to one of the\nsalary grades prescribed in paragraph b of subdivision one of section\none hundred thirty of this chapter who is promoted, appointed or\notherwise advanced to a position in a higher salary grade as prescribed\nin such paragraph shall receive an increase in salary determined in\naccordance with the provisions of paragraph (a) of this subdivision,\nprovided however that the amount of such employee's basic salary which\nis considered to be longevity payment in accordance with the provisions\nof paragraph d of subdivision three of section one hundred thirty of\nthis chapter shall not be considered as basic salary for the purpose of\ndetermining his increase, and such amount shall be adjusted to the\nlongevity amount appropriate for such higher salary grade and added to\nand become part of his basic salary in the higher grade to which he is\npromoted, appointed or advanced.\n (c) Notwithstanding the provisions of paragraph (a) of this\nsubdivision, if such employee is promoted, appointed or otherwise\nadvanced to a position allocated to one of the salary grades with the\nprefix M as prescribed in paragraph d of subdivision one of section one\nhundred thirty of this chapter he shall receive an increase in salary\ndetermined in accordance with the provisions of paragraph (a) of this\nsubdivision provided however that the appointing officer shall have the\ndiscretio
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