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  • Limits on Executive Compensation at New York Non-Profit Organizations Take Effect April 1, 2013

Limits on Executive Compensation at New York Non-Profit Organizations Take Effect April 1, 2013

Client Alert
February 2013

Revised regulations under Executive Order 38, which was signed by Governor Andrew M. Cuomo on January 6, 2012, generally limit the maximum compensation allowed for executives at State-funded organizations.

Compensation Committees will need to consider the applicability of and potential impact on their organizations of new requirements that provide: 

  • Limited Use of State-authorized Payments for Compensation Costs:  At least 75% of State-authorized payments (increasing annually by 5% to 85% in 2015) must be used to provide direct care or services, rather than to cover administrative costs such as compensation for employees not providing direct services; and
  • A $199,000 Annual Compensation Cap:  State-funded administrative executive compensation for a “covered executive” at a “covered provider” cannot exceed $199,000. 

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