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overtime on a regular working day or at least six hours overtime on other

than a regular working day. Employees working at least six hours overtime

on a regular working day or at least nine hours overtime on other than a
regular working day shall receive two overtime meal allowances.

§23.2 The overtime meal allowance for employees in this unit shall be
$6.00.

§23.3 Less than full-time employees shall be eligible for payment of an
overtime meal allowance when they meet all other eligibility criteria for

such payment and on either a regularly scheduled work- day or a day other
than a regularly scheduled workday, work the same number of hours as a

full-time employee would be required to work on such day to be eligible
for payment of an overtime meal allowance.

§23.4 When the employer provides a meal for an employee working in
an overtime capacity described above, such meal shall be in lieu of an

overtime meal allowance.
§23.5 The State shall process overtime meal allowances for payment at

the same time as the overtime work payment is processed.
§23.6 An overtime meal allowance shall also be paid, subject to rules and

regulations of the Comptroller, to employees ineligible to receive overtime
compensation when it is necessary and in the best interest of the State for

such employees to work at least three hours overtime on a regular working
day or at least six hours overtime on other than a regular working day.

Article 24

Out-of-Title Work

§24.1 No person shall be employed under any title not appropriate to the
duties to be performed and, except upon assignment by proper authority
during the existence of a temporary emergency situation, no person shall

be assigned to perform the duties of any position unless he or she has been

duly appointed, promoted, transferred or reinstated to such position in
accordance with the provisions of the Civil Service Law, Rules and

Regulations. No credit shall be granted in a promotion examination for out-
of-title work.

§24.2 The term “temporary emergency” shall mean a non-recurring
situation or circumstance of limited duration which might impair the

agency’s goals, interfere with the proper discharge of its responsibilities or

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