N.Y. Comp. Codes R. & Regs. tit. 9, § 148.4
(6) In no case may an employee's salary exceed the job rate of the salary grade by virtue of a performance advancement payment. However, that portion of the advance which would bring the employee's salary up to the job rate shall be paid as an advance.
(b) Special provisions for employees who have changed salary grades.
(3) Employees who are eligible for a performance advancement in a lower salary grade, but are promoted or appointed to a higher salary grade before receiving their next advancement in the lower grade and who have not received an advancement in the higher grade, are entitled to a reconstructed promotion salary reflecting the performance advancement which they would have received in the lower grade. Such reconstructed promotion salary shall be effective on the date that the performance advancement would have been paid in the lower grade; provided, however, that such effective date may not be earlier than 12 months from the employee's anniversary date in the lower grade or 12 months from the date of any performance advancement actually received in the lower grade subsequent to September 30, 1979, whichever is later.
(c) Retroactive payments under certain circumstances.
(1) All eligible employees who:
(a) Eligibility and effective date of payments.