* § 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 Effective July 1, 2025

* NB Repealed upon implementation of terminating the alternate
procedure set forth in state finance law § 200 sb 2