For the purposes of this subdivision:
For the purpose of computing future increments, he shall be credited with the number of years of service in such new position which corresponds with such rate of compensation. For the purposes of this subdivision, the annual rate of compensation of the incumbent of an unallocated position compensable on an hourly or per diem basis or on any basis other than at an annual salary rate, shall be deemed to be the compensation which would have been payable if the services were required on a full time annual basis for the number of hours per day and days per week established by law or administrative rule or order.
If an employee has been appointed or promoted from one position allocated to a salary grade in subdivision one of this section to another position allocated to a higher salary grade and his former position, on or after April first, nineteen hundred seventy-two, and within two years after such appointment or promotion, is reallocated to a higher salary grade, the salary of such employee in the second position on the effective date of such reallocation shall not be less than the salary which he would otherwise be entitled to receive on such date had such appointment or promotion occurred on such date.
The provisions of this subdivision shall apply to temporary and provisional employees, as well as permanent employees.
When a position allocated to a salary grade in subdivision one of this section is reclassified to a title allocated to a higher salary grade, and such reclassification represents no substantial change in duties and responsibilities from those associated with the former title, the incumbent thereof may continue to serve in such position without further examination, and his salary in his new title shall be determined in accordance with the provisions of this subsection.
N.Y. Jud. Law § 37