Opn. No.

Hon. Edward V. Regan State Comptroller

This is in reply to the request of your Counsel for our opinion as to whether a State employee, reinstated after resignation to his position retroactively by action of the Civil Service Commission or Chief Judge, is entitled to a lump sum payment of the difference in salary between the entrance level, or hiring rate, and the increment level (or job rate) which the employee attained as a result of the formal reinstatement, retroactive to the actual date of return to duty. We believe he is, but not by reason of the retroactive reinstatement. As we interpret…