22 NYCRR 25.5

(a) The Chief Administrator of the Courts shall have the power to classify and reclassify, and to allocate and reallocate to an appropriate salary grade, all positions in the classified service of the Unified Court System.

(b) The Chief Administrator of the Courts may, in order to implement a plan for the progressive advancement of employees in an occupational group, based on their acquiring, as prescribed by the Chief Administrator, training or experience or both, reclassify the positions of the incumbents who meet the prescribed qualifications to titles allocated to higher salary grades. The advancement of an incumbent pursuant to this subdivision shall not be deemed a reallocation.

(c) The effective date of any classification, reclassification, allocation or reallocation shall be such date as is determined by the Chief Administrator of the Courts. No employee whose salary would be increased by any classification, reclassification, allocation or reallocation shall have any claim for the difference, if any, between his or her former salary and that which he or she should receive as a result of that classification, reclassification, allocation or reallocation for the period prior to the date the change in title or salary grade becomes effective.

(d) Review of classification and allocation. Any nonjudicial employee, employee organization or court administrator directly concerned in any classification or allocation of a position in the Unified Court System may seek review of that classification or allocation by submitting a request, in writing, to the director of personnel of the Unified Court System setting forth the basis of the change requested, together with any supporting papers. The director of personnel shall conduct such inquiry as is necessary and recommend to the Chief Administrator any required adjustments in the classification or allocation. The Chief Administrator shall determine the request for review and shall notify the employee, employee organization or administrator of that determination.

(e) No classification or reclassification of a position of a permanent employee shall diminish any existing salary compensable on an annual basis so long as such position is held by the then permanent incumbent.