A08246 Summary:

BILL NOA08246
 
SAME ASSAME AS S05970
 
SPONSORAbbate
 
COSPNSR
 
MLTSPNSR
 
Rpld S215 sub 2 5-8, amd S215, Exec L; rpld S207-b sub 2 a, amd S207-b, St Fin L
 
Relates to terms and conditions of employment for members of the collective bargaining unit consisting of commissioned and non-commissioned state police officers; relates to salary schedules for members of such unit; establishes an employee benefit fund for members of such unit and makes an appropriation therefor.
Go to top    

A08246 Actions:

BILL NOA08246
 
06/14/2015referred to ways and means
06/16/2015reported referred to rules
06/17/2015reported
06/17/2015rules report cal.605
06/17/2015ordered to third reading rules cal.605
06/18/2015substituted by s5970
 S05970 AMEND= GALLIVAN
 06/14/2015REFERRED TO RULES
 06/17/2015ORDERED TO THIRD READING CAL.1798
 06/17/2015PASSED SENATE
 06/17/2015DELIVERED TO ASSEMBLY
 06/17/2015referred to ways and means
 06/18/2015substituted for a8246
 06/18/2015ordered to third reading rules cal.605
 06/18/2015passed assembly
 06/18/2015returned to senate
 08/03/2015DELIVERED TO GOVERNOR
 08/14/2015SIGNED CHAP.235
Go to top

A08246 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8246
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 14, 2015
                                       ___________
 
        Introduced  by  M.  of A. ABBATE -- (at request of the Governor) -- read
          once and referred to the Committee on Ways and Means
 
        AN ACT to amend the executive law, in relation to the terms  and  condi-
          tions  of  employment  for  members of the collective negotiating unit
          consisting of commissioned and non-commissioned officers in the  divi-
          sion of state police and salary schedules for members of such unit; to
          amend  the state finance law, in relation to the employee benefit fund
          for members of such unit; and making an  appropriation  therefor;  and
          repealing 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. Subparagraphs 5, 6, 7 and 8 of paragraph a of subdivision 2
     2  of section 215 of the executive law are REPEALED and four  new  subpara-
     3  graphs 5, 6, 7 and 8 are added to read as follows:
     4    (5)  Effective  April  first,  two  thousand  fourteen, members of the
     5  collective negotiating unit consisting of commissioned  and  non-commis-
     6  sioned  officers  in  the division of state police shall receive a basic
     7  annual salary pursuant to the following schedule:
     8                Orange,         City of New     Nassau and       All Other
     9                Putnam and      York, Rockland  Suffolk          Locations
    10                Dutchess        and Westchester Counties
    11                Counties        Counties
    12  Sergeant and
    13  Technical
    14  Sergeant      $102,048        $103,135        $103,421         $101,846
    15  Station
    16  Commander     $105,345        $106,433        $106,718         $105,145
    17  Zone
    18  Sergeant      $107,027        $108,111        $108,396         $106,825
    19  First,
    20  Staff
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12020-04-5

        A. 8246                             2
 
     1  and
     2  Chief T/
     3  Sgt           $112,533        $113,619        $113,903         $112,330
     4  Lieutenant
     5  and
     6  Technical
     7  Lieutenant    $121,953        $123,038        $123,323         $121,752
     8  Lieutenant
     9  BCI           $124,342        $125,427        $125,713         $124,138
    10  Captain       $130,059        $131,144        $131,432         $129,857
    11  Captain BCI   $132,484        $133,567        $133,853         $132,279
    12  Major         $138,583        $139,669        $139,954         $138,379
    13    (6)  Effective  April  first,  two  thousand  fifteen,  members of the
    14  collective negotiating unit consisting of commissioned  and  non-commis-
    15  sioned  officers  in  the division of state police shall receive a basic
    16  annual salary pursuant to the following schedule:
    17                Orange,         City of New     Nassau and       All Other
    18                Putnam and      York, Rockland  Suffolk          Locations
    19                Dutchess        and Westchester Counties
    20                Counties        Counties
    21  Sergeant and
    22  Technical
    23  Sergeant      $104,089        $105,198        $105,489         $103,883
    24  Station
    25  Commander     $107,452        $108,562        $108,852         $107,248
    26  Zone
    27  Sergeant      $109,168        $110,273        $110,564         $108,962
    28  First,
    29  Staff
    30  and
    31  Chief T/
    32  Sgt           $114,784        $115,891        $116,181         $114,577
    33  Lieutenant
    34  and
    35  Technical
    36  Lieutenant    $124,392        $125,499        $125,789         $124,187
    37  Lieutenant
    38  BCI           $126,829        $127,936        $128,227         $126,621
    39  Captain       $132,660        $133,767        $134,061         $132,454
    40  Captain BCI   $135,134        $136,238        $136,530         $134,925
    41  Major         $141,355        $142,462        $142,753         $141,147
    42    (7) Effective April  first,  two  thousand  sixteen,  members  of  the
    43  collective  negotiating  unit consisting of commissioned and non-commis-
    44  sioned officers in the division of state police shall  receive  a  basic
    45  annual salary pursuant to the following schedule:
    46                Orange,         City of New     Nassau and       All Other
    47                Putnam and      York, Rockland  Suffolk          Locations
    48                Dutchess        and Westchester Counties
    49                Counties        Counties
    50  Sergeant and
    51  Technical
    52  Sergeant      $105,650        $106,776        $107,071         $105,441
    53  Station
    54  Commander     $109,064        $110,190        $110,485         $108,857
    55  Zone
    56  Sergeant      $110,806        $111,927        $112,222         $110,596

        A. 8246                             3
 
     1  First,
     2  Staff
     3  and
     4  Chief T/
     5  Sgt           $116,506        $117,629        $117,924         $116,296
     6  Lieutenant
     7  and
     8  Technical
     9  Lieutenant    $126,258        $127,381        $127,676         $126,050
    10  Lieutenant
    11  BCI           $128,731        $129,855        $130,150         $128,520
    12  Captain       $134,650        $135,774        $136,072         $134,441
    13  Captain BCI   $137,161        $138,282        $138,578         $136,949
    14  Major         $143,475        $144,599        $144,894         $143,264
    15    (8)  Effective  April  first,  two  thousand seventeen, members of the
    16  collective negotiating unit consisting of commissioned  and  non-commis-
    17  sioned  officers  in  the division of state police shall receive a basic
    18  annual salary pursuant to the following schedule:
    19                Orange,         City of New     Nassau and       All Other
    20                Putnam and      York, Rockland  Suffolk          Locations
    21                Dutchess        and Westchester Counties
    22                Counties        Counties
    23  Sergeant and
    24  Technical
    25  Sergeant      $107,235        $108,378        $108,677         $107,023
    26  Station
    27  Commander     $110,700        $111,843        $112,142         $110,490
    28  Zone
    29  Sergeant      $112,468        $113,606        $113,905         $112,255
    30  First,
    31  Staff
    32  and
    33  Chief T/
    34  Sgt           $118,254        $119,393        $119,693         $118,040
    35  Lieutenant
    36  and
    37  Technical
    38  Lieutenant    $128,152        $129,292        $129,591         $127,941
    39  Lieutenant
    40  BCI           $130,662        $131,803        $132,102         $130,448
    41  Captain       $136,670        $137,811        $138,113         $136,458
    42  Captain BCI   $139,218        $140,356        $140,657         $139,003
    43  Major         $145,627        $146,768        $147,067         $145,413
    44    § 2. Paragraph a of subdivision  2  of  section  207-b  of  the  state
    45  finance  law  is  REPEALED  and  a  new  paragraph a is added to read as
    46  follows:
    47    a. Where, and to the extent that, the agreement between the state  and
    48  an  employee  organization  entered into pursuant to article fourteen of
    49  the civil service law so provides on behalf  of  the  employees  in  the
    50  collective  negotiating  unit consisting of commissioned and non-commis-
    51  sioned officers in the division of state police, established pursuant to
    52  article fourteen of the civil service law, and upon audit and warrant of
    53  the state comptroller, the director shall provide  for  the  payment  of
    54  monies  to  such employee organization for the establishment and mainte-
    55  nance of an employee benefit fund established by the employee  organiza-
    56  tion  for  the employees in the negotiating unit covered by the control-

        A. 8246                             4
 
     1  ling provisions of such agreement providing for  such  employee  benefit
     2  fund.  Such amounts are to be determined consistent with said agreement,
     3  including any and all monies agreed to be transferred in said agreement,
     4  and  on  the basis of the number of full-time annual salaried employees,
     5  other than full-time seasonal employees, on the payroll on March  first,
     6  two thousand eleven for payments to be made on April first, two thousand
     7  eleven,  the  number  of full-time annual salaried employees, other than
     8  full-time seasonal employees, on the payroll on March first,  two  thou-
     9  sand twelve for payments to be made on April first, two thousand twelve,
    10  the  number of full-time annual salaried employees, other than full-time
    11  seasonal employes, on the payroll on March first, two thousand  thirteen
    12  for  payments  to  be  made  on  April first, two thousand thirteen, the
    13  number of full-time annual  salaried  employees,  other  than  full-time
    14  seasonal employees, on the payroll on March first, two thousand fourteen
    15  for  payments  to  be  made  on  April first, two thousand fourteen, the
    16  number of full-time annual  salaried  employees,  other  than  full-time
    17  seasonal  employees, on the payroll on March first, two thousand fifteen
    18  for payments to be made on April first, two thousand fifteen, the number
    19  of full-time annual salaried employees, other  than  full-time  seasonal
    20  employees,  on  the  payroll  on  March  first, two thousand sixteen for
    21  payments to be made on April first, two thousand sixteen and the  number
    22  of  full-time  annual  salaried employees, other than full-time seasonal
    23  employees, on the payroll on March first,  two  thousand  seventeen  for
    24  payments to be made on April first, two thousand seventeen. The amounts,
    25  which will be determined pursuant to this section, for employees who are
    26  paid  from  special or administrative funds, other than the general fund
    27  or the capital projects fund of the state, will be paid from the  appro-
    28  priations  as  provided by law, in which case the state comptroller will
    29  establish procedures to ensure repayment from said special  or  adminis-
    30  trative  funds.  The  director  shall  enter  into an agreement with the
    31  employee organization that sets forth the specific terms and  conditions
    32  for the transmittal of monies pursuant to this section.
    33    § 3. Location compensation. (a) Notwithstanding any other provision of
    34  law  to  the contrary, pursuant to the terms of the agreement negotiated
    35  between the state and the employee organization representing the collec-
    36  tive negotiating unit consisting of  commissioned  and  non-commissioned
    37  officers  in  the  division  of state police, members in this collective
    38  negotiating unit whose principal place of employment, or, in the case of
    39  a field employee, whose official station  as  determined  in  accordance
    40  with  the regulations of the state comptroller, is located in the county
    41  of Monroe and who were on the payroll on March 31, 1985,  and  who  have
    42  received  this  location  compensation  continually  since  then,  shall
    43  continue to receive location pay at the  rate  of  two  hundred  dollars
    44  ($200) per year, provided the member continues to be otherwise eligible.
    45  Such  location  pay  shall continue to be annualized and paid during the
    46  regular bi-weekly periods. Such location pay shall be  in  addition  to,
    47  and  shall  not  be a part of, a member's annual basic salary, and shall
    48  not affect or impair any increments or other rights or benefits to which
    49  the member may be entitled; provided, however, that location  pay  shall
    50  be  included as compensation for purposes of computation of overtime pay
    51  and for retirement purposes.
    52    (b) Notwithstanding any other provision of law to the contrary, pursu-
    53  ant to the terms of the agreement negotiated between the state  and  the
    54  employee  organization  representing  the  collective  negotiating  unit
    55  consisting of commissioned and non-commissioned officers in the division
    56  of state police, members in this collective negotiating unit whose prin-

        A. 8246                             5
 
     1  cipal place of employment, or, in the case of a  field  employee,  whose
     2  official station as determined in accordance with the regulations of the
     3  state  comptroller, is located in the city of New York, or in the county
     4  of  Rockland,  Westchester,  Nassau or Suffolk shall continue to receive
     5  location pay at the rate of one thousand five hundred thirty-six dollars
     6  ($1,536) per year effective April 1, 2010.
     7    (c) Such location pay shall continue to be annualized and paid  during
     8  regular  bi-weekly  periods.  Such location pay shall be in addition to,
     9  and shall not be a part of, a member's annual basic  salary,  and  shall
    10  not affect or impair any increments or other rights or benefits to which
    11  the  member  may  be  entitled; provided, however, that the location pay
    12  shall be included as compensation for purposes of computation  of  over-
    13  time pay and for retirement purposes.
    14    §  4.  Supplemental  location  compensation.   (a) Notwithstanding any
    15  other provision of law to the contrary, pursuant to  the  terms  of  the
    16  agreement  negotiated  between  the  state and the employee organization
    17  representing the collective negotiating unit consisting of  commissioned
    18  and  non-commissioned  officers in the division of state police, members
    19  in this collective negotiating unit whose principal place of employment,
    20  or, in the case of a field employee, whose official  station  as  deter-
    21  mined  in  accordance  with the regulations of the state comptroller, is
    22  located in the city of New York, or in the  county  of  Putnam,  Orange,
    23  Dutchess,  Rockland,  Westchester,  Nassau  or Suffolk shall continue to
    24  receive supplemental location pay as follows effective April 1, 2010:
 
    25       Orange, Putnam or Dutchess County       $1,280
    26       Rockland or Westchester County          $1,918
    27       or city of New York
    28       Nassau or Suffolk County                $2,239
 
    29    (b) Such supplemental location pay shall continue to be annualized and
    30  paid  during  regular  bi-weekly  periods.  Such  supplemental  location
    31  compensation  shall  be  in  addition  to, and shall not be a part of, a
    32  member's annual basic salary, and shall not affect or impair any  incre-
    33  ments  or  other rights or benefits to which the member may be entitled;
    34  provided, however, that such compensation shall be included  as  compen-
    35  sation  for  purposes  of computation of overtime pay and for retirement
    36  purposes.
    37    § 5. Expanded duty pay. (a) Notwithstanding any other provision of law
    38  to the contrary, pursuant to  the  terms  of  the  agreement  negotiated
    39  between the state and the employee organization representing the collec-
    40  tive  negotiating  unit  consisting of commissioned and non-commissioned
    41  officers in the division of state police, during  the  period  April  1,
    42  2010  through  March  31, 2014, the annual payment for expanded duty pay
    43  for members of this unit shall continue in the amount of seven  thousand
    44  four  hundred  fifty-two  dollars ($7,452). Effective April 1, 2014, the
    45  annual payment for expanded duty  pay  shall  be  eight  thousand  seven
    46  hundred  two  dollars ($8,702). There shall be no retroactive payment of
    47  the increases to expanded duty pay for the period April 1, 2011 to March
    48  31, 2014 under any circumstances. Pursuant to the agreement, the  entire
    49  increase of one thousand two hundred fifty dollars ($1,250) covering the
    50  period  April 1, 2011 to March 31, 2014 is only payable on a prospective
    51  basis commencing April 1, 2014.
    52    (b) Pursuant to the terms of  the  agreement  negotiated  between  the
    53  state  and the employee organization representing the collective negoti-
    54  ating unit consisting of commissioned and non-commissioned  officers  in

        A. 8246                             6
 
     1  the  division  of  state  police, expanded duty pay shall continue to be
     2  annualized and paid during regular bi-weekly  periods.  Such  additional
     3  compensation  shall  be  in  addition  to, and shall not be part of, the
     4  member's  annual basic salary, and shall not affect or impair any rights
     5  or benefits to which the member may be entitled; provided, however, that
     6  such additional compensation  shall  be  included  as  compensation  for
     7  purposes  of computation of overtime pay and as compensation for retire-
     8  ment.
     9    § 6. Hazardous duty pay. (a) Notwithstanding any  other  provision  of
    10  law  to  the contrary, pursuant to the terms of the agreement negotiated
    11  between the state and employee organization representing the  collective
    12  negotiating  unit  consisting of commissioned and non-commissioned offi-
    13  cers in the division of state police, during the period  April  1,  2010
    14  through  March  31,  2014, the annual payment for hazardous duty pay for
    15  members of this unit shall continue in the amount of  one  thousand  two
    16  hundred  dollars  ($1,200).  Effective April 1, 2014, the annual payment
    17  for hazardous duty pay shall be two thousand four hundred fifty  dollars
    18  ($2,450).  There  shall  be  no  retroactive payment of the increases to
    19  hazardous duty pay for the period April 1, 2011 to March 31, 2014  under
    20  any  circumstances.    Pursuant to the agreement, the entire increase of
    21  one thousand two hundred fifty  dollars  ($1,250)  covering  the  period
    22  April  1,  2011 to March 31, 2014 is only payable on a prospective basis
    23  commencing with the scheduled December 2014 payment.
    24    (b) Notwithstanding any other provision of law to the contrary, pursu-
    25  ant to the terms of the agreement negotiated between the state  and  the
    26  employee  organization  representing  the  collective  negotiating  unit
    27  consisting of commissioned and non-commissioned officers in the division
    28  of state police, hazardous duty pay shall be payable to members of  this
    29  unit  in  December  of  each  respective  state fiscal year to which the
    30  payment is attributed,  or  as  soon  as  practicable  thereafter.  Such
    31  payment  shall  continue  to be made as a lump sum payment to members of
    32  this unit on the payroll on the first of November each year  during  the
    33  pay  period  that includes the first of December each year. Such payment
    34  shall be in addition to, and shall not be part of, the  member's  annual
    35  basic  salary,  and shall not affect or impair any rights or benefits to
    36  which the member may be entitled; provided, however, that  such  payment
    37  shall  be  included as compensation for purposes of computation of over-
    38  time pay and as compensation for retirement.
    39    § 7. Command pay. (a) Notwithstanding any  provision  of  law  to  the
    40  contrary,  pursuant  to the terms of an agreement negotiated between the
    41  state and the employee organization representing the collective  negoti-
    42  ating  unit  consisting of commissioned and non-commissioned officers in
    43  the division of state police, in recognition that commissioned and  non-
    44  commissioned  officers  in  the  division  of state police assume higher
    45  level responsibilities, such commissioned and non-commissioned  officers
    46  shall  continue  to  receive  command pay in the amount of three hundred
    47  nineteen dollars ($319) effective April 1, 2010.
    48    (b) Such payment shall be  annualized  and  paid  during  the  regular
    49  bi-weekly  periods  and  shall  be  in addition to, and not part of, the
    50  member's annual basic salary, and shall not affect or impair any  rights
    51  or benefits to which the member may be entitled; provided, however, such
    52  payments  shall  be  included  as  compensation for retirement purposes.
    53  Command pay shall be included for overtime calculations for  non-commis-
    54  sioned officers.
    55    § 8. Health benefits committees. Pursuant to the terms of an agreement
    56  negotiated  between the state and the employee organization representing

        A. 8246                             7
 
     1  the collective negotiating unit consisting of commissioned and  non-com-
     2  missioned  officers  in  the division of state police, during the period
     3  April 1, 2011 through March 31, 2018,  there  shall  continue  to  be  a
     4  committee on health benefits funded in the following amounts: $5,100 for
     5  the  period  April 1, 2014 through March 31, 2015; $5,202 for the period
     6  April 1, 2015 through March 31, 2016; $5,280 for  the  period  April  1,
     7  2016  through  March  31,  2017; and $5,359 for the period April 1, 2017
     8  through March 31, 2018. One-half of this amount in each  year  shall  be
     9  made  available  to  the state and one-half of this amount shall be made
    10  available to the employee organization representing such unit.
    11    § 9. Professional development and  training  funds.  Pursuant  to  the
    12  terms  of  an  agreement  negotiated  between the state and the employee
    13  organization representing the collective negotiating unit consisting  of
    14  commissioned  and  non-commissioned  officers  in  the division of state
    15  police, during the period April 1, 2011 through March  31,  2018,  there
    16  shall  continue  to be a professional development and quality of working
    17  life  committee  from  which  the  tuition  reimbursement  program,  the
    18  master's program and the employee assistance program shall be supported.
    19  Such committee shall be funded in the following amounts: $94,248 for the
    20  period  April  1,  2014  through  March 31, 2015; $96,133 for the period
    21  April 1, 2015 through March 31, 2016; $97,575 for the  period  April  1,
    22  2016  through  March  31, 2017; and $99,039 for the period April 1, 2017
    23  through March 31, 2018.
    24    § 10. Recognized degree pay. Notwithstanding any provision of  law  to
    25  the  contrary, pursuant to the terms of the agreement negotiated between
    26  the state and the  employee  organization  representing  the  collective
    27  negotiating  unit  consisting of commissioned and non-commissioned offi-
    28  cers in the division of state police, or the terms of the interest arbi-
    29  tration award made pursuant to subdivision 4 of section 209 of the civil
    30  service law binding the executive branch of the state of  New  York  and
    31  the  employee  organization  representing such unit, effective March 31,
    32  2003, the lump sum payments for degrees, as contained in  section  5  of
    33  chapter 244 of the laws of 2002, shall continue.
    34    §  11.  Short  swings. (a) Notwithstanding any provision of law to the
    35  contrary, pursuant to the terms of the agreement negotiated between  the
    36  state  and the employee organization representing the collective negoti-
    37  ating unit consisting of commissioned and non-commissioned  officers  in
    38  the  division  of state police, or the terms of the interest arbitration
    39  award made pursuant to subdivision 4 of section 209 of the civil service
    40  law binding the executive branch of  the  state  of  New  York  and  the
    41  employee  organization representing such unit, effective March 31, 2003,
    42  members of this unit who are required to work short swings shall contin-
    43  ue to receive compensation of thirty dollars ($30) for each short  swing
    44  they  are  required  to  work and actually work. There shall be no short
    45  swing compensation where the short swing is worked at the request of, or
    46  for the convenience of the member, as  determined  by  the  division  of
    47  state  police.  The  definition  of  short swing shall be a tour of duty
    48  commencing between the hours  of  five  a.m.  and  nine  a.m.  (B  line)
    49  followed  by a tour of duty commencing between nine p.m. and one a.m. (A
    50  line) on consecutive days, or, a tour of  duty  commencing  between  the
    51  hours  of  one  p.m.  and  five p.m. (C line) followed by a tour of duty
    52  commencing between the hours of five a.m. and  nine  a.m.  (B  line)  on
    53  consecutive  days.  Such additional compensation shall not be payable if
    54  such member's hours of work continue from the conclusion of  the  former
    55  shift to the commencement of the latter shift without interruption.

        A. 8246                             8
 
     1    (b) The additional compensation payable pursuant to this section shall
     2  be in addition to, and shall not be a part of, the member's annual basic
     3  salary,  and  shall not affect or impair any rights or benefits to which
     4  the member may be entitled; provided,  however,  that  any  compensation
     5  payable  pursuant  to this section shall be included as compensation for
     6  the purposes of computation of overtime pay and for retirement purposes.
     7  The director of the budget may adopt such regulations as may  be  deemed
     8  necessary to carry out the provisions of this section.
     9    §  12.  Unused sick leave at retirement. Effective March 31, 2003, the
    10  lump sum payment for unused sick leave  at  retirement  as  provided  in
    11  section 9 of chapter 10 of the laws of 2001 shall continue.
    12    §  13. Overtime meal allowance. Notwithstanding any other provision of
    13  law to the contrary, pursuant to the terms of the  agreement  negotiated
    14  between the state and the employee organization representing the collec-
    15  tive  negotiating  unit  consisting of commissioned and non-commissioned
    16  officers in the division of state police, or the terms of  the  interest
    17  arbitration  award  made pursuant to subdivision 4 of section 209 of the
    18  civil service law binding the executive branch of the state of New  York
    19  and  the employee organization representing such unit, the overtime meal
    20  allowance for unit members shall continue at the rates in effect  as  of
    21  March 31, 2007.
    22    §  14.  The salary increases and benefit modifications provided for by
    23  this act for state employees in the collective negotiating unit consist-
    24  ing of commissioned and non-commissioned officers  in  the  division  of
    25  state police established pursuant to article 14 of the civil service law
    26  shall  not be implemented until the director of employee relations shall
    27  have delivered to the director of  the  budget  and  the  comptroller  a
    28  letter certifying that there is in effect with respect to such negotiat-
    29  ing  unit  a  collective  negotiating  agreement which provides for such
    30  increases and modifications and which is fully executed in writing  with
    31  the  state pursuant to article 14 of the civil service law, and ratified
    32  pursuant to the ratification  procedure  of  the  employee  organization
    33  certified  pursuant  to article 14 of the civil service law to represent
    34  each such collective negotiating unit.
    35    § 15. Payment and publication of grievance arbitration settlements and
    36  awards. Notwithstanding any provision of law to the contrary, the appro-
    37  priations contained in this act shall be available to the state for  the
    38  payment  and publication of grievance arbitration settlements and awards
    39  pursuant to article 15 of the collective negotiating  agreement  between
    40  the  state  and  the  employee  organization representing the collective
    41  negotiating unit consisting of commissioned and  non-commissioned  offi-
    42  cers in the division of state police.
    43    §  16.  Date  of  entitlement  to salary increase. Notwithstanding the
    44  provisions of this act or of any other provision of law to the contrary,
    45  the increase of salary or compensation of any member of  the  collective
    46  negotiating  unit  consisting of commissioned and non-commissioned offi-
    47  cers in the division of state police provided by this act shall be added
    48  to the salary of such member at the beginning of that payroll period the
    49  first day of which is nearest to the effective date of such increase  as
    50  provided  in this act, or at the beginning of the earlier of two payroll
    51  periods the first days of which are nearest  but  equally  near  to  the
    52  effective  date  of  such  increase  as  provided in this act; provided,
    53  however, that, for the purposes of determining the salary of such  offi-
    54  cer   or  employee  upon  reclassification,  reallocation,  appointment,
    55  promotion, transfer, demotion, reinstatement, or other change of status,
    56  such salary increase shall be deemed to be effective on the date thereof

        A. 8246                             9
 
     1  as prescribed by this act, with payment thereof pursuant to this section
     2  on a date prior thereto, instead of on such effective  date,  and  shall
     3  not  operate  to confer any additional salary rights or benefits on such
     4  officer  or  employee.  Payment  of such salary increase may be deferred
     5  pursuant to section seventeen of this act.
     6    §  17.  Deferred  payment  of  salary  increase.  Notwithstanding  the
     7  provisions of any other section of this act or of any other provision of
     8  law  to  the contrary, pending payment pursuant to this act of the basic
     9  annual salaries of incumbents of positions subject  to  this  act,  such
    10  incumbents shall receive, as partial compensation for services rendered,
    11  the  rate  of  compensation  otherwise payable in their respective posi-
    12  tions. An incumbent holding a position subject to this act at  any  time
    13  during  the  period  from April 1, 2011 until the time when basic annual
    14  salaries are first paid pursuant to this act for such services in excess
    15  of the compensation actually received therefor, shall be entitled  to  a
    16  lump  sum  payment  for  the difference between the salary to which such
    17  incumbent is entitled for such service  and  the  compensation  actually
    18  received  therefor. Such lump sum payment shall be made as soon as prac-
    19  ticable. Any amount payable in such lump  sum  paid  represents  compen-
    20  sation  earned  in  each of the year or years for which it is calculated
    21  pursuant to this act and not as compensation earned wholly in  the  year
    22  during  which  the lump sum is paid. Pursuant to the terms of the agree-
    23  ment negotiated between the state and the employee organization  repres-
    24  enting  the  collective  negotiating unit consisting of commissioned and
    25  non-commissioned officers in the division of state police,  there  shall
    26  be  no retroactive payment of the increases to the compensation provided
    27  in section five or six of this act for the period April 1, 2011 to March
    28  31, 2014 under any circumstances.
    29    § 18. Use of appropriations.  Notwithstanding  any  provision  of  the
    30  state  finance  law  or  any other provision of law to the contrary, the
    31  state comptroller is authorized to pay any amounts required by the fore-
    32  going provisions of this act. To the extent that existing appropriations
    33  available to any state department or agency in any fund are insufficient
    34  to accomplish the purposes set forth in this section,  the  director  of
    35  the  budget  is  authorized  to  allocate to the various departments and
    36  agencies, from any appropriations available in  any  fund,  the  amounts
    37  necessary  to  make  such  payments.  Any  appropriations or other funds
    38  available to any state department or agency for personal service or  for
    39  other  related employee benefits during the fiscal year commencing April
    40  1, 2014 or April 1, 2015 shall be  available  for  the  payment  of  any
    41  liabilities or obligations incurred pursuant to the foregoing provisions
    42  of  this act, whether occurring prior to or during the state fiscal year
    43  commencing April 1, 2014 or April 1, 2015.
    44    § 19. Appropriations.  Notwithstanding  any  provision  of  the  state
    45  finance  law  or any other provision of law to the contrary, the several
    46  amounts as hereinafter set forth in this section are hereby appropriated
    47  from the funds so designated for use by any state department  or  agency
    48  for  the fiscal year beginning April 1, 2014 or April 1, 2015 to supple-
    49  ment appropriations from each respective  fund  available  for  personal
    50  service,  other  than personal service and fringe benefits, and to carry
    51  out the provisions of this  act.  The  monies  hereby  appropriated  are
    52  available  for  payment of any liabilities or obligations incurred prior
    53  to or during the state fiscal year commencing April 1, 2014 or April  1,
    54  2015.  For this purpose, these appropriations shall remain in full force
    55  and effect for the payment of liabilities incurred on or before April 1,
    56  2015 or April 1, 2016. No money shall be available for expenditure  from

        A. 8246                            10
 
     1  this  appropriation until a certification of approval has been issued by
     2  the director of the budget and a copy of such certificate or any  amend-
     3  ment  thereto has been filed with the state comptroller, the chairperson
     4  of  the  senate  finance  committee, and the chairperson of the assembly
     5  ways and means committee.
 
     6  ALL STATE DEPARTMENTS AND AGENCIES
 
     7  Special Pay Bills
     8  General Fund - State Purposes Account
 
     9                PERSONAL SERVICE
 
    10  Personal Service - Regular ...... $8,801,000
 
    11              NON-PERSONAL SERVICE
 
    12  Fringe Benefits ................... $673,000
    13  Health Benefits Committee .......... $11,000
    14  Professional Development Fund...... $191,000
    15  Employee Benefit Fund ............. $530,000
    16  Contract Administration ............ $25,000
 
    17    § 20. This act shall take effect immediately and shall be deemed to have
    18  been in full force and effect on and after April 1, 2011.
          REPEAL NOTE.--Subparagraphs 5, 6, 7, and 8 of paragraph a of  subdivi-
        sion  2  of section 215 of the executive law, repealed by section one of
        this act, provided salary schedules for state employees in  the  partic-
        ular  titles  in  the  collective negotiating unit consisting of commis-
        sioned and non-commissioned officers in the division of state police and
        is replaced by revised salary schedules in new subparagraphs  5,  6,  7,
        and  8 of paragraph a of subdivision 2 implementing an agreement between
        the state and the employee organization representing  such  unit.  Para-
        graph  a  of  subdivision  2  of section 207-b of the state finance law,
        repealed by section two of this act, provided for payments to an employ-
        ee benefit fund for state employees in  the  particular  titles  in  the
        collective  negotiating  unit consisting of commissioned and non-commis-
        sioned officers in the division of state police and  is  replaced  by  a
        revised  schedule of payments to be made to such fund in a new paragraph
        a implementing an agreement between the state and the employee organiza-
        tion representing such unit.
Go to top