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See Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
5504
2009-2010 Regular Sessions
I N S E N A T E
May 12, 2009
___________
Introduced by Sens. SAVINO, KLEIN, MONSERRATE, ADAMS, DILAN, HUNTLEY,
LANZA, ROBACH -- (at request of the Governor) -- read twice and
ordered printed, and when printed to be committed to the Committee on
Finance
AN ACT to amend the executive law, in relation to terms and conditions
of employment for members of the collective negotiating unit consist-
ing of investigators, senior investigators, and investigative special-
ists in the division of state police; to amend the state finance law,
in relation to terms and conditions of employment for members of the
collective negotiating unit consisting of investigators, senior inves-
tigators, and investigative specialists in the division of state
police; in relation to implementing an agreement covering such members
of such unit and in relation to the employee benefit fund for members
of such unit; to amend the executive law, in relation to salary sched-
ules for such members of such unit; making an appropriation therefor;
and to repeal certain provisions of such laws relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Paragraph b of subdivision 2 of section 216 of the execu-
2 tive law is REPEALED.
3 S 2. Paragraph a of subdivision 2 of section 216 of the executive law
4 is REPEALED and a new paragraph a is added to read as follows:
5 A. SALARY SCHEDULES FOR INVESTIGATORS, SENIOR INVESTIGATORS, AND
6 INVESTIGATIVE SPECIALISTS IN THE DIVISION OF STATE POLICE.
7 (1) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVEN, MEMBERS ASSIGNED TO THE
8 BUREAU OF CRIMINAL INVESTIGATION AND INVESTIGATIVE SPECIALISTS APPOINTED
9 TO THE BUREAU BY THE SUPERINTENDENT, SHALL RECEIVE A BASIC ANNUAL SALARY
10 PURSUANT TO THE FOLLOWING SCHEDULE:
11 SENIOR
12 INVESTIGATOR INVESTIGATOR
13 NASSAU AND SUFFOLK $82,698 $86,898
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12055-02-9
S. 5504 2
1 NEW YORK CITY, ROCKLAND, WESTCHESTER $82,444 $86,646
2 ORANGE, PUTNAM, DUTCHESS $81,479 $85,680
3 ALL OTHER LOCATIONS $81,300 $85,500
4 (2) EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHT, MEMBERS ASSIGNED TO THE
5 BUREAU OF CRIMINAL INVESTIGATION AND INVESTIGATIVE SPECIALISTS APPOINTED
6 TO THE BUREAU BY THE SUPERINTENDENT, SHALL RECEIVE A BASIC ANNUAL SALARY
7 PURSUANT TO THE FOLLOWING SCHEDULE:
8 SENIOR
9 INVESTIGATOR INVESTIGATOR
10 NASSAU AND SUFFOLK $85,179 $89,505
11 NEW YORK CITY, ROCKLAND, WESTCHESTER $84,917 $89,245
12 ORANGE, PUTNAM, DUTCHESS $83,923 $88,250
13 ALL OTHER LOCATIONS $83,739 $88,065
14 (3) EFFECTIVE APRIL FIRST, TWO THOUSAND NINE, MEMBERS ASSIGNED TO THE
15 BUREAU OF CRIMINAL INVESTIGATION AND INVESTIGATIVE SPECIALISTS APPOINTED
16 TO THE BUREAU BY THE SUPERINTENDENT, SHALL RECEIVE A BASIC ANNUAL SALARY
17 PURSUANT TO THE FOLLOWING SCHEDULE:
18 SENIOR
19 INVESTIGATOR INVESTIGATOR
20 NASSAU AND SUFFOLK $87,734 $92,190
21 NEW YORK CITY, ROCKLAND, WESTCHESTER $87,465 $91,922
22 ORANGE, PUTNAM, DUTCHESS $86,441 $90,898
23 ALL OTHER LOCATIONS $86,251 $90,707
24 (4) EFFECTIVE APRIL FIRST, TWO THOUSAND TEN, MEMBERS ASSIGNED TO THE
25 BUREAU OF CRIMINAL INVESTIGATION AND INVESTIGATIVE SPECIALISTS APPOINTED
26 TO THE BUREAU BY THE SUPERINTENDENT, SHALL RECEIVE A BASIC ANNUAL SALARY
27 PURSUANT TO THE FOLLOWING SCHEDULE:
28 SENIOR
29 INVESTIGATOR INVESTIGATOR
30 NASSAU AND SUFFOLK $91,243 $95,878
31 NEW YORK CITY, ROCKLAND, WESTCHESTER $90,964 $95,599
32 ORANGE, PUTNAM, DUTCHESS $89,899 $94,534
33 ALL OTHER LOCATIONS $89,701 $94,335
34 (5) EFFECTIVE MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN, MEMBERS
35 ASSIGNED TO THE BUREAU OF CRIMINAL INVESTIGATION AND INVESTIGATIVE
36 SPECIALISTS APPOINTED TO THE BUREAU BY THE SUPERINTENDENT, SHALL RECEIVE
37 A BASIC ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE:
38 SENIOR
39 INVESTIGATOR INVESTIGATOR
40 NASSAU AND SUFFOLK $106,157 $95,878
41 NEW YORK CITY, ROCKLAND, WESTCHESTER $105,878 $95,599
42 ORANGE, PUTNAM, DUTCHESS $104,813 $94,534
43 ALL OTHER LOCATIONS $104,615 $94,335
44 S 3. Paragraph b of subdivision 2 of section 207-b of the state
45 finance law is REPEALED and a new paragraph b is added to read as
46 follows:
47 B. PURSUANT TO THE TERMS OF AN AGREEMENT NEGOTIATED BETWEEN THE EXECU-
48 TIVE BRANCH OF THE STATE OF NEW YORK AND THE EMPLOYEE ORGANIZATION
49 REPRESENTING THE COLLECTIVE NEGOTIATING UNIT CONSISTING OF INVESTI-
50 GATORS, SENIOR INVESTIGATORS, AND INVESTIGATIVE SPECIALISTS IN THE DIVI-
51 SION OF STATE POLICE, AND UPON AUDIT AND WARRANT OF THE STATE COMP-
52 TROLLER, THE DIRECTOR SHALL PROVIDE FOR THE PAYMENT OF MONIES TO SUCH
53 EMPLOYEE ORGANIZATION FOR THE ESTABLISHMENT AND MAINTENANCE OF AN
54 EMPLOYEE BENEFIT FUND ESTABLISHED BY THE EMPLOYEE ORGANIZATION FOR THE
55 EMPLOYEES IN THE COLLECTIVE NEGOTIATING UNIT COVERED BY THE CONTROLLING
56 PROVISIONS OF SUCH AGREEMENT PROVIDING FOR SUCH EMPLOYEE BENEFIT FUND,
S. 5504 3
1 SUCH AMOUNT TO BE DETERMINED CONSISTENT WITH SAID AGREEMENT ON THE BASIS
2 OF THE NUMBER OF FULL-TIME ANNUAL SALARIED EMPLOYEES, OTHER THAN
3 FULL-TIME SEASONAL EMPLOYEES, ON THE PAYROLL ON MARCH FIRST, TWO THOU-
4 SAND SEVEN, FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND SEVEN,
5 AND ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND EIGHT, FOR PAYMENTS TO
6 BE MADE ON APRIL FIRST, TWO THOUSAND EIGHT AND ON THE PAYROLL ON MARCH
7 FIRST, TWO THOUSAND NINE, FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO
8 THOUSAND NINE AND ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND TEN, FOR
9 PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND TEN. THE AMOUNT, WHICH
10 WILL BE DETERMINED PURSUANT TO THIS SECTION, FOR EMPLOYEES WHO ARE PAID
11 FROM SPECIAL OR ADMINISTRATIVE FUNDS, OTHER THAN THE GENERAL FUND OR THE
12 CAPITAL PROJECTS FUND OF THE STATE, WILL BE PAID FROM THE APPROPRIATIONS
13 AS PROVIDED BY LAW, IN WHICH CASE THE STATE COMPTROLLER SHALL ESTABLISH
14 PROCEDURES TO ENSURE REPAYMENT FROM SAID SPECIAL OR ADMINISTRATIVE
15 FUNDS. THE DIRECTOR SHALL ENTER INTO AN AGREEMENT WITH AN EMPLOYEE
16 ORGANIZATION, WHICH SETS FORTH THE SPECIFIC TERMS AND CONDITIONS FOR THE
17 TRANSMITTAL OF MONIES PURSUANT TO THIS SECTION.
18 S 4. Subdivision 2 of section 216-c of the executive law is REPEALED
19 and a new subdivision 2 is added to read as follows:
20 2. IN ADDITION TO THE COMPENSATION PROVIDED IN SUBDIVISION ONE OF THIS
21 SECTION, MEMBERS OF THE COLLECTIVE NEGOTIATING UNIT CONSISTING OF INVES-
22 TIGATORS, SENIOR INVESTIGATORS AND INVESTIGATIVE SPECIALISTS IN THE
23 DIVISION OF STATE POLICE, ON THE PAYROLL ON NOVEMBER FIRST OF EACH YEAR,
24 SHALL RECEIVE, EFFECTIVE APRIL FIRST, TWO THOUSAND SEVEN, THIRTEEN
25 HUNDRED NINETY-TWO DOLLARS. EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHT,
26 SUCH AMOUNT SHALL BE INCREASED TO FOURTEEN HUNDRED THIRTY-FOUR DOLLARS.
27 EFFECTIVE APRIL FIRST, TWO THOUSAND NINE, SUCH AMOUNT SHALL BE INCREASED
28 TO FOURTEEN HUNDRED SEVENTY-SEVEN DOLLARS. EFFECTIVE APRIL FIRST, TWO
29 THOUSAND TEN, SUCH AMOUNT SHALL BE INCREASED TO FIFTEEN HUNDRED THIRTY-
30 SIX DOLLARS. SUCH PAYMENTS SHALL BE IN ADDITION TO, AND SHALL NOT BE
31 PART OF, THE MEMBER'S ANNUAL BASIC SALARY, EXCEPT FOR THE PURPOSE OF
32 RETIREMENT, AND SHALL BE MADE IN A SEPARATE CHECK DURING THE PAYROLL
33 PERIOD WHICH INCLUDES DECEMBER FIRST EACH YEAR.
34 S 5. Paragraphs (b), (c) and (d) of subdivision 5 of section 216-b of
35 the executive law are REPEALED and two new paragraphs (b) and (c) are
36 added to read as follows:
37 (B)(1) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVEN, ALL MEMBERS OF THE
38 COLLECTIVE NEGOTIATING UNIT CONSISTING OF INVESTIGATORS, SENIOR INVESTI-
39 GATORS AND INVESTIGATIVE SPECIALISTS IN THE DIVISION OF STATE POLICE,
40 WHO ON THEIR ANNIVERSARY DATE OF EMPLOYMENT WITH THE DIVISION OF STATE
41 POLICE HAVE ATTAINED SIX OR MORE YEARS OF SUCH SATISFACTORY SERVICE IN
42 THE DIVISION, SHALL BE PAID A LONGEVITY AWARD ACCORDING TO THE FOLLOWING
43 SCHEDULE FOR EACH YEAR OF SUCH SATISFACTORY SERVICE UP TO TWENTY-FIVE
44 YEARS:
45 YEARS OF SERVICE AMOUNT PER YEAR
46 6-10 $430
47 11-15 $480
48 16-25 $530
49 (2) EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHT, ALL MEMBERS OF THE
50 COLLECTIVE NEGOTIATING UNIT CONSISTING OF INVESTIGATORS, SENIOR INVESTI-
51 GATORS AND INVESTIGATIVE SPECIALISTS IN THE DIVISION OF STATE POLICE,
52 WHO ON THEIR ANNIVERSARY DATE OF EMPLOYMENT WITH THE DIVISION OF STATE
53 POLICE HAVE ATTAINED SIX OR MORE YEARS OF SUCH SATISFACTORY SERVICE IN
54 THE DIVISION, SHALL BE PAID A LONGEVITY AWARD ACCORDING TO THE FOLLOWING
55 SCHEDULE FOR EACH YEAR OF SUCH SATISFACTORY SERVICE UP TO TWENTY-FIVE
56 YEARS:
S. 5504 4
1 YEARS OF SERVICE AMOUNT PER YEAR
2 6-10 $460
3 11-15 $510
4 16-25 $560
5 (3) EFFECTIVE APRIL FIRST, TWO THOUSAND NINE, ALL MEMBERS OF THE
6 COLLECTIVE NEGOTIATING UNIT CONSISTING OF INVESTIGATORS, SENIOR INVESTI-
7 GATORS AND INVESTIGATIVE SPECIALISTS IN THE DIVISION OF STATE POLICE,
8 WHO ON THEIR ANNIVERSARY DATE OF EMPLOYMENT WITH THE DIVISION OF STATE
9 POLICE HAVE ATTAINED SIX OR MORE YEARS OF SUCH SATISFACTORY SERVICE IN
10 THE DIVISION, SHALL BE PAID A LONGEVITY AWARD ACCORDING TO THE FOLLOWING
11 SCHEDULE FOR EACH YEAR OF SUCH SATISFACTORY SERVICE UP TO TWENTY-FIVE
12 YEARS:
13 YEARS OF SERVICE AMOUNT PER YEAR
14 6-10 $500
15 11-15 $550
16 16-25 $600
17 (4) EFFECTIVE APRIL FIRST, TWO THOUSAND TEN, ALL MEMBERS OF THE
18 COLLECTIVE NEGOTIATING UNIT CONSISTING OF INVESTIGATORS, SENIOR INVESTI-
19 GATORS AND INVESTIGATIVE SPECIALISTS IN THE DIVISION OF STATE POLICE,
20 WHO ON THEIR ANNIVERSARY DATE OF EMPLOYMENT WITH THE DIVISION OF STATE
21 POLICE HAVE ATTAINED SIX OR MORE YEARS OF SUCH SATISFACTORY SERVICE IN
22 THE DIVISION, SHALL BE PAID A LONGEVITY AWARD ACCORDING TO THE FOLLOWING
23 SCHEDULE FOR EACH YEAR OF SUCH SATISFACTORY SERVICE UP TO TWENTY-FIVE
24 YEARS:
25 YEARS OF SERVICE AMOUNT PER YEAR
26 6-10 $540
27 11-15 $590
28 16-25 $640
29 (5) INDIVIDUALS WITH GREATER THAN TWENTY-FIVE YEARS OF SERVICE SHALL
30 CONTINUE TO RECEIVE A LONGEVITY AWARD AT THE TWENTY-FIVE YEAR AMOUNT.
31 SUCH PAYMENT SHALL COMMENCE IN THE PAY PERIOD FOLLOWING SUCH ANNIVERSARY
32 DATE AND SHALL BE ANNUALIZED AND PAID OVER THE YEAR-LONG PERIOD BETWEEN
33 ANNIVERSARY DATES.
34 (C) THE LONGEVITY AMOUNTS PROVIDED BY THIS SUBDIVISION SHALL BE IN
35 ADDITION TO, AND SHALL NOT BE A PART OF, A MEMBER'S ANNUAL BASIC SALARY,
36 AND SHALL NOT IMPAIR ANY OTHER RIGHTS OR BENEFITS TO WHICH A MEMBER MAY
37 BE ENTITLED; PROVIDED, HOWEVER, THAT LONGEVITY AWARDS SHALL BE INCLUDED
38 AS COMPENSATION FOR PURPOSES OF COMPUTATION OF OVERTIME PAY AND FOR
39 RETIREMENT PURPOSES.
40 S 6. Premium in lieu of overtime. (a) Pursuant to the terms of an
41 agreement negotiated between the executive branch of the state of New
42 York and the employee organization representing the collective negotiat-
43 ing unit consisting of investigators, senior investigators, and investi-
44 gative specialists in the division of state police, effective April 1,
45 2007, senior investigators in the division of state police shall receive
46 an overtime premium in the amount of ten thousand eight hundred eighteen
47 dollars ($10,818). Effective April 1, 2008, such amount shall be
48 increased to eleven thousand one hundred forty-three dollars ($11,143).
49 Effective April 1, 2009, such amount shall be increased to eleven thou-
50 sand four hundred and seventy-seven dollars ($11,477). Effective April
51 1, 2010, such amount shall be increased to eleven thousand nine hundred
52 thirty-six dollars ($11,936). Effective March 31, 2011, such amount
53 shall be rolled into base salary.
54 (b) Such payment shall be annualized and paid during the regular
55 bi-weekly periods. Such compensation shall be in addition to and shall
56 not be part of the member's basic annual salary and shall not affect or
S. 5504 5
1 impair any increments or other rights or benefits to which the member
2 may be entitled; provided, however, that any payment made pursuant to
3 this section shall be included as compensation for retirement purposes,
4 and, where appropriate, overtime.
5 S 7. Command pay. (a) Pursuant to the terms of an agreement negotiated
6 between the executive branch of the state of New York and the employee
7 organization representing the collective negotiating unit consisting of
8 investigators, senior investigators, and investigative specialists in
9 the division of state police, effective April 1, 2007, in recognition
10 that senior investigators in the division of state police assume high-
11 er-level responsibilities, such members shall receive command pay in the
12 amount of two thousand six hundred ninety-nine dollars ($2,699). Effec-
13 tive April 1, 2008, such amount shall be increased to two thousand seven
14 hundred eighty dollars ($2,780). Effective April 1, 2009, such amount
15 shall be increased to two thousand eight hundred sixty-three dollars
16 ($2,863). Effective April 1, 2010, such amount shall be increased to
17 two thousand nine hundred seventy-eight dollars ($2,978). Effective
18 March 31, 2011, such amount shall be rolled into base salary.
19 (b) Such payment shall be annualized and paid during the regular
20 bi-weekly periods. Such compensation shall be in addition to and shall
21 not be part of the member's basic annual salary and shall not affect or
22 impair any rights or benefits to which the member may be entitled;
23 provided, however, that command pay shall be included as compensation
24 for the computation of overtime pay and retirement.
25 S 8. Health benefits committee. Pursuant to the terms of an agreement
26 negotiated between the executive branch of the state of New York and the
27 employee organization representing the collective negotiating unit
28 consisting of investigators, senior investigators, and investigative
29 specialists in the division of state police, during the period April 1,
30 2007 through March 31, 2011, there shall continue to be a committee on
31 health benefits funded in the amount of five thousand dollars ($5,000)
32 annually. One-half of this amount in each year shall be made available
33 to the state and one-half shall be made available to the employee organ-
34 ization representing such unit.
35 S 9. Maintenance allowance. (a) Pursuant to the terms of an agreement
36 negotiated between the executive branch of the state of New York and the
37 employee organization representing the collective negotiating unit
38 consisting of investigators, senior investigators, and investigative
39 specialists in the division of state police, effective April 1, 2007,
40 each member of such unit shall receive two thousand eight hundred
41 sixty-five dollars ($2,865) as a maintenance allowance. Effective April
42 1, 2008, such amount shall be increased to two thousand nine hundred
43 fifty-one dollars ($2,951). Effective April 1, 2009, such amount shall
44 be increased to three thousand forty dollars ($3,040). Effective April
45 1, 2010, such amount shall be increased to three thousand one hundred
46 sixty-two dollars ($3,162).
47 (b) Such maintenance allowance shall be paid on an annualized basis in
48 regular bi-weekly paychecks. Such additional compensation, as provided
49 in this section, shall be in addition to, and shall not be part of, the
50 member's basic annual salary, and shall not affect or impair any rights
51 or benefits to which the member may be entitled; provided, however, that
52 such additional compensation shall be included as compensation for
53 purposes of computation of overtime pay and retirement.
54 S 10. Expertise pay. (a) Notwithstanding any other provision of law to
55 the contrary, pursuant to the terms of an agreement negotiated between
56 the executive branch of the state of New York and the employee organiza-
S. 5504 6
1 tion representing the collective negotiating unit consisting of investi-
2 gators, senior investigators, and investigative specialists in the divi-
3 sion of state police, effective April 1, 2010, members in such
4 collective negotiating unit shall receive expertise pay in the amount of
5 twelve hundred dollars ($1,200) annually.
6 (b) Such expertise pay shall be payable to those unit members on the
7 payroll on November 1 of each year during the pay period that includes
8 December 1. Such additional compensation as provided in this section
9 shall be in addition to, and shall not be part of, the member's basic
10 annual salary, and shall not affect or impair any rights or benefits to
11 which the member may be entitled; provided, however, that such addi-
12 tional compensation shall be included as compensation for purposes of
13 computation of overtime pay and as compensation for retirement.
14 S 11. Professional development and training funds. Pursuant to the
15 terms of an agreement negotiated between the executive branch of the
16 state of New York and the employee organization representing the collec-
17 tive negotiating unit consisting of investigators, senior investigators,
18 and investigative specialists in the division of state police, during
19 the period April 1, 2007 through March 31, 2011, there shall continue to
20 be a professional development and quality of working life committee
21 funded in the amount of $81,900 annually, from which the tuition
22 reimbursement program, the master's program, and the employee assistance
23 program shall be supported.
24 S 12. Expanded duty pay. (a) Pursuant to the terms of an agreement
25 negotiated between the executive branch of the state of New York and the
26 employee organization representing the collective negotiating unit
27 consisting of investigators, senior investigators, and investigative
28 specialists in the division of state police, effective April 1, 2007,
29 each member of such unit shall receive expanded duty pay of three thou-
30 sand eight hundred fifty-two dollars ($3,852). Effective April 1, 2008
31 this amount shall be increased to five thousand fifty-two dollars
32 ($5,052). Effective April 1, 2009, this amount shall be increased to six
33 thousand two hundred fifty-two dollars ($6,252). Effective April 1,
34 2010, this amount shall be increased to seven thousand four hundred
35 fifty-two dollars ($7,452). Such expanded duty pay is in recognition of
36 such members expanded duties, including those related to counterterror-
37 ism and other post-September 11, 2001 initiatives, computer crimes, and
38 law enforcement activities involving gambling regulation.
39 (b) Such expanded duty pay shall be annualized and paid during regular
40 bi-weekly periods. Such additional compensation as provided in this
41 section shall be in addition to, and shall not be part of, the member's
42 basic annual salary, and shall not affect or impair any rights or bene-
43 fits to which the member may be entitled; provided, however, that such
44 additional compensation shall be included as compensation for purposes
45 of computation of overtime pay and as compensation for retirement.
46 S 13. Supervisory responsibility pay. (a) Pursuant to the terms of an
47 agreement negotiated between the executive branch of the state of New
48 York and the employee organization representing the collective negotiat-
49 ing unit consisting of investigators, senior investigators, and investi-
50 gative specialists in the division of state police, effective March 31,
51 2005, certain members shall continue to receive additional compensation,
52 as prescribed in the interest arbitration award dated February 4, 2005,
53 when designated by the division of state police to work as a "unit coor-
54 dinator", "acting senior investigator", or "acting administrative senior
55 investigator".
S. 5504 7
1 (b) Such additional compensation as provided in this section shall be
2 in addition to, and shall not be part of, the member's basic annual
3 salary, and shall not affect or impair any rights or benefits to which
4 the member may be entitled; provided, however, that such additional
5 compensation shall be included as compensation for the purposes of
6 computation of overtime pay and retirement.
7 S 14. Location compensation. (a) Notwithstanding any other provision
8 of law to the contrary, members in the collective negotiating unit
9 consisting of investigators, senior investigators, and investigative
10 specialists in the division of state police whose principal place of
11 employment or, in the case of a field employee, whose official station,
12 as determined in accordance with the regulations of the state comp-
13 troller, is located in the county of Monroe, who were on the payroll on
14 March 31, 1985, and who have received this location compensation contin-
15 ually since then, shall receive location pay at the rate of $200 per
16 year; provided that each such member continues to be otherwise eligible.
17 (b) Pursuant to the terms of an agreement negotiated between the exec-
18 utive branch of the state of New York and the employee organization
19 representing the collective negotiating unit consisting of investi-
20 gators, senior investigators, and investigative specialists in the divi-
21 sion of state police, members of such unit whose principal place of
22 employment or, in the case of a field employee, whose official station,
23 as determined in accordance with the regulations of the state comp-
24 troller, is located in the city of New York or in the counties of Rock-
25 land, Westchester, Nassau, or Suffolk shall receive location pay as
26 follows:
27 Effective Date Amount
28 April 1, 2007 $1,392
29 April 1, 2008 $1,434
30 April 1, 2009 $1,477
31 April 1, 2010 $1,536
32 (c) Such location pay as provided in this section shall be annualized
33 and paid during the regular bi-weekly periods. Such compensation shall
34 be in addition to and shall not be part of the member's basic annual
35 salary and shall not affect or impair any rights or benefits to which
36 the member may be entitled; provided, however, that location pay shall
37 be included as compensation for the purposes of computation of overtime
38 pay and retirement.
39 S 15. Supplemental location pay. (a) Pursuant to the terms of an
40 agreement negotiated between the executive branch of the state of New
41 York and the employee organization representing the collective negotiat-
42 ing unit consisting of investigators, senior investigators, and investi-
43 gative specialists in the division of state police, members of such unit
44 whose principal place of employment, or, in the case of a field employ-
45 ee, whose official station, as determined in accordance with the regu-
46 lations of the state comptroller, is located in the city of New York or
47 in the county of Putnam, Orange, Dutchess, Rockland, Westchester,
48 Nassau, or Suffolk shall receive supplemental location pay, in addition
49 to the location pay provided in section fourteen of this act, according
50 to the following schedule:
51 Effective April 1, 2007
52 Orange, Putnam or Dutchess County $1,160
53 Rockland or Westchester County or city of
54 New York $1,739
55 Nassau or Suffolk County $2,029
S. 5504 8
1 Effective April 1, 2008
2 Orange, Putnam or Dutchess County $1,195
3 Rockland or Westchester County or city of
4 New York $1,791
5 Nassau or Suffolk County $2,090
6 Effective April 1, 2009
7 Orange, Putnam or Dutchess County $1,230
8 Rockland or Westchester County or city of
9 New York $1,845
10 Nassau or Suffolk County $2,153
11 Effective April 1, 2010
12 Orange, Putnam or Dutchess County $1,280
13 Rockland or Westchester County or city of
14 New York $1,918
15 Nassau or Suffolk County $2,239
16 (b) Such supplemental location pay shall be annualized and paid during
17 the regular bi-weekly periods. Such compensation shall be in addition to
18 and shall not be part of the member's basic annual salary and shall not
19 affect or impair any rights or benefits to which the member may be enti-
20 tled; provided, however, that supplemental location pay shall be
21 included as compensation for the purposes of computation of overtime pay
22 and retirement.
23 S 16. Unused sick leave at retirement. Pursuant to the terms of an
24 agreement negotiated between the executive branch of the state of New
25 York and the employee organization representing the collective negotiat-
26 ing unit consisting of investigators, senior investigators, and investi-
27 gative specialists in the division of state police, members of such unit
28 shall continue to receive a lump sum cash payment for accumulated and
29 unused sick leave credits standing to the employee's credit at the time
30 of separation from service by retirement. The amount of such payment
31 shall be determined in the following manner:
32 (a) Effective April 1, 1998, the number of days of such accumulated
33 and unused sick leave, not to exceed 300 days, less 165 days, shall be
34 multiplied by the member's daily rate of pay in effect at the time of
35 separation from service by retirement.
36 (b) The lump sum payment shall be one-fifth of such amount provided
37 for in subdivision (a) of this section.
38 (c) Such additional compensation shall be in addition to and shall not
39 be part of the member's basic annual salary, and shall not affect or
40 impair any rights or benefits to which the member may be entitled;
41 provided, however, that such additional compensation shall be included
42 as compensation for retirement purposes.
43 S 17. Physical fitness program. (a) Pursuant to the terms of an agree-
44 ment negotiated between the executive branch of the state of New York
45 and the employee organization representing the collective negotiating
46 unit consisting of investigators, senior investigators, and investi-
47 gative specialists in the division of state police, effective April 1,
48 1999, a joint labor management committee shall be continued for the
49 purpose of evaluating the assessment, study, and testing for the fitness
50 of members of the employee organization. The division of state police
51 shall administer such program through the provision of an annual appro-
52 priation. Members in the employee organization shall receive an annual
53 fitness bonus if they satisfy the fitness requirements developed by the
54 division of state police during a fiscal year. The amount of such
S. 5504 9
1 fitness bonus shall be determined by the committee within the amount
2 appropriated therefor. Such awards shall be paid on or about December
3 first of each fiscal year.
4 (b) Any amounts received pursuant to this section shall be in addition
5 to, and shall not be a part of, the member's basic annual salary, and
6 shall not affect or impair, any increments or other rights or benefits
7 to which the member may be entitled; provided, however, that any amounts
8 received shall be included as compensation for retirement purposes.
9 (c) The division of state police and the employee organization repres-
10 enting such unit may agree to expend the funds appropriated on an annual
11 basis for the physical fitness program for a mutually agreeable alter-
12 nate purpose.
13 S 18. Recognized degree pay. (a) Pursuant to the terms of an agreement
14 negotiated between the executive branch of the state of New York and the
15 employee organization representing the collective negotiating unit
16 consisting of investigators, senior investigators, and investigative
17 specialists in the division of state police, members of such unit who
18 possess or obtain a recognized degree from an accredited and recognized
19 college or university on or after April 1, 2001, shall continue to
20 receive a lump sum payment of $250 for an associate degree, $500 for a
21 bachelor's degree, and $750 for a graduate degree. Payment for such
22 degree shall occur annually in June of each year, and shall be for one
23 degree only. When such degree is obtained in a fiscal year, such payment
24 shall be made as soon as practicable after conferral of the degree.
25 (b) Such additional compensation as provided in this section shall be
26 in addition to, and shall not be part of, the member's basic annual
27 salary, and shall not affect or impair any rights or benefits to which
28 the member may be entitled; provided, however, that such additional
29 compensation shall be included as compensation for retirement purposes.
30 S 19. Payment and publication of grievance arbitration settlements and
31 awards. Notwithstanding any provision of law to the contrary, the
32 appropriations contained in this act shall be available to the state for
33 the payment and publication of grievance arbitration settlements and
34 awards pursuant to article 15 of the collective negotiating agreement
35 between the state and the employee organization representing the collec-
36 tive negotiating unit consisting of investigators, senior investigators,
37 and investigative specialists in the division of state police, such
38 provisions being in effect pursuant to paragraph (e) of subdivision 1 of
39 section 209-a of the civil service law.
40 S 20. Date of entitlement to salary increase. Notwithstanding the
41 provisions of this act or of any other provision of law to the contrary,
42 the increase of salary or compensation of any member of the collective
43 negotiating unit consisting of investigators, senior investigators, and
44 investigative specialists in the division of state police provided by
45 this act shall be added to the salary of such member at the beginning of
46 that payroll period the first day of which is nearest to the effective
47 date of such increase as provided in this act, or at the beginning of
48 the earlier of two payroll periods the first days of which are nearest
49 but equally near to the effective date of such increase as provided in
50 this act; provided, however, that, for the purposes of determining the
51 salary of such officer or employee upon reclassification, reallocation,
52 appointment, promotion, transfer, demotion, reinstatement, or other
53 change of status, such salary increase shall be deemed to be effective
54 on the date thereof as prescribed by this act, with payment thereof
55 pursuant to this section on a date prior thereto, instead of on such
56 effective date, and shall not operate to confer any additional salary
S. 5504 10
1 rights or benefits on such officer or employee. Payment of such salary
2 increase may be deferred pursuant to section twenty-one of this act.
3 S 21. Deferred payment of salary increase. Notwithstanding the
4 provisions of any other section of this act or of any provision of law
5 to the contrary, pending payment pursuant to this act of the basic annu-
6 al salaries of incumbents of positions subject to this act, such incum-
7 bents shall receive, as partial compensation for services rendered, the
8 rate of compensation otherwise payable in their respective positions. An
9 incumbent holding a position subject to this act at any time during the
10 period from April 1, 2007 until the time when basic annual salaries are
11 first paid pursuant to this act for such services in excess of the
12 compensation actually received therefor, shall be entitled to a lump sum
13 payment for the difference between the salary to which such incumbent is
14 entitled for such service and the compensation actually received there-
15 for. Such lump sum payment shall be made as soon as practicable. The
16 amounts paid under this act shall count as compensation earned during
17 the year or years for which it is calculated and not as compensation
18 earned wholly in the year in which the lump sum is paid.
19 S 22. Use of appropriations. Notwithstanding any provision of the
20 state finance law or any other provision of law to the contrary, the
21 state comptroller is authorized to pay any amounts required by the fore-
22 going provisions of this act. To the extent that existing appropriations
23 available to any state department or agency in any fund are insufficient
24 to accomplish the purposes set forth in this section, the director of
25 the budget is authorized to allocate to the various departments and
26 agencies, from any appropriations available in any fund, the amounts
27 necessary to make such payments. Any appropriations or other funds
28 available to any state department or agency for personal service or for
29 other related employee benefits during the fiscal year commencing April
30 1, 2009 shall be available for the payment of any liabilities or obli-
31 gations incurred pursuant to the foregoing provisions of this act,
32 whether occurred prior to or during the state fiscal year commencing
33 April 1, 2009 or during the state fiscal year commencing April 1, 2010.
34 S 23. Appropriations. Notwithstanding any provision of the state
35 finance law or any other provision of law to the contrary, the several
36 amounts as hereinafter set forth in this section are hereby appropriated
37 from the funds so designated for use by any state department or agency
38 for the fiscal year beginning April 1, 2009 to supplement appropriations
39 from each respective fund available for personal service, other than
40 personal service and fringe benefits, and to carry out the provisions of
41 this act. The monies hereby appropriated are available for payment of
42 any liabilities or obligations incurred prior to or during the state
43 fiscal year commencing April 1, 2009 in addition to liabilities or obli-
44 gations associated with the state fiscal year commencing April 1, 2010.
45 For this purpose, these appropriations shall remain in full force and
46 effect for the payment of liabilities incurred on or before April 1,
47 2010. No money shall be available for expenditure from this appropri-
48 ation until a certification of approval has been issued by the director
49 of the budget and a copy of such certificate or any amendment thereto
50 has been filed with the state comptroller, the chairperson of the senate
51 finance committee, and the chairperson of the assembly ways and means
52 committee.
53 ALL STATE DEPARTMENTS AND AGENCIES
54 Special Pay Bills
S. 5504 11
1 General Fund - State Purposes Account
2 PERSONAL SERVICE
3 Personal Service - Regular.....................$24,396,000
4 Overtime........................................$1,934,000
5 Other compensation, including but not limit-
6 ed to premium in lieu of overtime, command
7 pay, maintenance allowance, expanded duty
8 pay, supervisory responsibility pay,
9 location compensation and supplemental
10 location compensation.........................$9,637,000
11 NONPERSONAL SERVICE
12 Fringe benefits.................................$2,926,000
13 Health Benefits Committee..........................$15,000
14 Professional Development Fund.....................$246,000
15 Employee Benefit Fund.............................$194,000
16 Triborough Bridge Tolls (CSEA/PEF)................$800,000
17 Contract administration............................$50,000
18 Special Revenue Funds - Other
19 Miscellaneous Special Revenue Fund - 339
20 Indian Gaming Account
21 PERSONAL SERVICE
22 Personal Service - Regular......................$1,501,000
23 Overtime...........................................$26,000
24 Other compensation, including but not limited to premium
25 in lieu of overtime, command pay, maintenance allowance,
26 expanded duty pay, supervisory responsibility pay,
27 location compensation and supplemental location compen-
28 sation..........................................$555,000
29 NONPERSONAL SERVICE
30 Fringe Benefits.................................$1,029,000
31 Special Revenue Funds - Other
32 Miscellaneous Special Revenue Fund - 339
33 New York State Thruway Authority Account
34 PERSONAL SERVICE
35 Personal Service - Regular........................$139,000
36 Overtime............................................$2,000
37 Other compensation, including but not limit-
38 ed to premium in lieu of overtime, command
39 pay, maintenance allowance, expanded duty
40 pay, supervisory responsibility pay,
41 location compensation and supplemental
42 location compensation............................$60,000
S. 5504 12
1 NONPERSONAL SERVICE
2 Fringe Benefits...................................$100,000
3 S 24. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after April 1, 2007.
REPEAL NOTE.-- Paragraph b of subdivision 2 of section 216 of the
executive law, repealed by section one of this act, provided salary
schedules for state employees in particular titles in the collective
negotiating unit consisting of commissioned and non-commissioned offi-
cers in the division of state police which are now contained in section
215 of the executive law.
Paragraph a of subdivision 2 of section 216 of the executive law,
repealed by section two of this act, provided salary schedules for state
employees in particular titles in the collective negotiating unit
consisting of investigators and senior investigators in the division of
state police and is replaced by revised salary schedules in a new para-
graph a of such subdivision 2 implementing an agreement pursuant to
Article 14 of the civil service law.
Paragraph b of subdivision 2 of section 207-b of the state finance
law, repealed by section three of this act, provided for payments to an
employee benefit fund for state employees in the particular titles in
the collective negotiating unit consisting of investigators and senior
investigators in the division of state police and is replaced by revised
schedule of payments to be made to such fund in a new paragraph b of
such subdivision 2 implementing an agreement pursuant to Article 14 of
the civil service law.
Subdivision 2 of section 216-c of the executive law, repealed by
section four of this act, provided for holiday compensation payments
based on four days pay to eligible members of the collective negotiating
unit consisting of investigators, senior investigators and investigative
specialists in the division of state police and is replaced by a revised
payment amount in a new subdivision 2 of such section implementing an
agreement pursuant to Article 14 of the civil service law.
Paragraphs (b), (c) and (d) of subdivision 5 of section 216-b of the
executive law, repealed by section five of this act, provided for
certain longevity payments to eligible members of the collective negoti-
ating unit consisting of investigators, senior investigators and inves-
tigative specialists in the division of state police and is replaced by
a revised longevity schedule in new paragraphs (b) and (c) of such
subdivision 5 implementing an agreement pursuant to Article 14 of the
civil service law.
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