Rpld S130 sub 1 a sub 1-4, sub 1 d, amd SS130, 167, 208 & 135, Civ Serv L; amd SS8 & 200, St Fin L
Relates to compensation and other terms and conditions of employment of certain state officers and employees; authorizes funding of joint labor-management committees, to implement agreements between the state and an employee organization; provides rates of pay for certain state employees.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8513
SPONSOR: Abbate TITLE OF BILL:
An act to amend the civil service law and the state finance law, in
relation to compensation and other terms and conditions of employment of
certain state officers and employees, to authorize funding of joint
labor-management committees, to implement agreements between the state
and an employee organization; to amend chapter 333 of the laws of 1969
amending the civil service law and other laws relating to salary
increases for certain state officers and employees, in relation to rates
of pay for certain state employees; to repeal certain provisions of the
civil service law relating thereto; and making an appropriation for the
purpose of effectuating certain provisions hereof (Part A); to amend the
civil service law and the correction law, in relation to salaries; to
repeal certain provisions of such laws relating thereto; and making an
appropriation for the purpose of effectuating certain provisions hereof
(Part B)
PURPOSE OF THE BILL:
Part A of this bill implements the terms of a collective bargaining
agreement (the "Agreement") between the executive branch of the State of
New York and the employee organization representing members of the
collective negotiating units designated as the Administrative Services
Unit, the Institutional Services Unit, the Operational Services Unit and
the Division of Military and Naval Affairs Unit ("the units"), entered
into pursuant to article 14 of the Civil Service Law.
Part B of this bill provides the State's approximately 12,000 unrepre-
sented employees who are prohibited from collective negotiations by the
Taylor Law, including managerial or confidential ("M/C") employees, with
benefits and increases in compensation at levels that are comparable to
the benefits and increases in compensation received by employees repres-
ented by employee organizations.
This bill would continue comparability of benefits by supplementing
existing appropriations to provide benefits and other aspects of employ-
ment that are on a par with those negotiated for represented employees
by their respective employee organizations. These funds would provide
for employee benefit and training and development programs, and the M/C
share of negotiated programs.
SUMMARY OF PROVISIONS:
PART A OF THE BILL:
Section 1 of this part repeals and replaces subparagraphs 1, 2, 3 and 4
of Civil Service Law § 130(1)(a) and adds new subparagraphs 1, 2 and 3
to provide for the application of new salary schedules for officers and
employees in the units,
Section 2 of this part amends Civil Service Law § 167(8) to provide
authority to modify the employer and employee shares of health premium
and subscription costs under the New York State Health Insurance Plan.
Section 3 of this part amends Civil Service Law § 208(2) to provide for
the period of unchallenged representation status for employee organiza-
tions for a period of four years with the Executive Branch of the State
that commence in 2011.
Section 4 of this part amends Civil Service Law § 130(3)(e), governing
longevity payments for employees who attain five and ten years of
continuous service at the job rate. This section continues longevity
payments to the extent provided in the collective bargaining agreement.
Sections 5 and 6 of this part amend State Finance Law §§ 8(12-d) and
(12-e) to continue payments to employees for personal property damaged
or destroyed in the course of the performance of official duties.
Section 7 of this part amends State Finance Law § 200 to provide the
authority for the Comptroller to reduce, restore and/or repay basic
annual salaries, hourly rates or per diems of employees. Such action(s)
will be effective for employees in collective negotiating units in
accordance with the terms of a collective bargaining agreement or inter-
est arbitration award, and for employees not in collective negotiating
units, when the director of budget authorizes a plan for such action(s).
Section 8 of the part authorizes the State to make payments to employees
for withdrawing from the health insurance plan in accordance with the
terms of the collective bargaining agreements or regulations promulgated
by the Department of Civil Service.
Section 9 of this part provides for salary increases as follows:
a) a lump sum payment of $775 in 2013 and $225 in 2014;
b) a 2 percent basic annual salary increase effective March 27, 2014 for
officers and employees on the administrative payroll and effective April
3, 2014 for officers and employees on the institutional payroll; and
c) a 2 percent basic annual salary increase effective March 26, 2015 for
officers and employees on the administrative payroll and effective April
2, 2015 for officers and employees on the institutional payroll.
Section 10 of this part provides for annual salary increases for posi-
tions in the nonprofessional service at the contract colleges of Cornell
and Alfred Universities not to exceed those set forth in Section 9 of
this part.
Section 11 of this part continues existing location compensation for
employees whose principal place of employment is located in New York
City, or the counties of Westchester, Rockland, Suffolk, Nassau, Dutch-
ess, Putnam, Orange and Monroe. Employees in the counties of Dutchess,
Putnam or Orange continue to receive location compensation at the annual
rate of $1,513. Employees in New York City, or in the counties of Rock-
land, Westchester, Nassau or Suffolk shall receive location compensation
at the annual rate of $3,026. For the county of Monroe, only employees
hired before March 31, 1985 shall be eligible for continued location
compensation of $200 per year.
Section 12 of this part continues location compensation for certain
officers and employees of the Hudson Valley Developmental Disabilities
Services Office.
Section 13 of this part continues the provision of inconvenience pay to
certain full-time employees of the Office for People with Developmental
Disabilities who are required to sleep over at their work site.
Section 14 of this part continues pre-shift briefing compensation for
certain employees of the State in the Division of Military and Naval
Affairs Unit who are required to assemble for briefing prior to the
commencement of duties. This section-also continues the program for
preshift briefing compensation for certain employees of the State
employed by the Office of Children and Family Services who are members
of the Institutional Services Unit.
Section 15 of this part continues assignment to duty pay in the form of
an annual lump sum payment to employees in particular assignments
provided for by the agreement. Such benefit shall be available until
March 30, 2016, unless an extension is negotiated by the parties to the
agreement.
Section 16 of this part provides for the continuation of an annual lump
sum payment to long-term seasonal employees in an amount specified by,
and subject to, the qualifying criteria established by the agreement.
Such benefit shall be available until March 30, 2016.
Section 17 of this part continues winter maintenance shift pay for
eligible full-time employees of the Department of Transportation in the
Operational Services negotiating unit, in accordance with the agreement.
Section 18 of this part continues inconvenience pay for certain employ-
ees who work in the overnight hours at a rate of $575 per year.
Section 19 of this part authorizes contributions to employee dependent
care accounts in amounts and for the time periods specified by the
agreement.
Section 20 of this part provides for the payment and publication of
grievance and arbitration settlements and awards pursuant to the agree-
ment.
Section 21 of this part continues a statewide labor-management committee
to address issues of productivity and quality of work life in accordance
with agreement.
Section 22 of this part requires that, prior to implementation of any
salary increase. salary deduction, salary reduction, benefit modifica-
tion, or modification to terms and conditions of employment, the Direc-
tor of Employee Relations submit a letter to the Director of the Budget
and the State Comptroller certifying that the collectively negotiated
agreement has been ratified by the membership.
Section 23 of this part authorizes the State Comptroller to pay any
amounts required by this bill during the fiscal years commencing April
1, 2011 for any state department or agency from any appropriation or
other funds available to such state department or agency for personal
service or for other related employee benefits during such fiscal year.
To the extent that such appropriations in any fund are insufficient, the
Director of the Budget is authorized to allocate to the various depart-
ments and agencies, from any appropriations available in any fund, the
amounts necessary to pay such amounts.
Section 24 of this part provides that employees who participate in a
special annuity program under article 8-C of the Education Law shall not
suffer any reduction of the salary adjustment to which they are other-
wise entitled under the program, as a result of an increase in compen-
sation provided for in this bill.
Section 25 of this part appropriates funding for statewide labor-manage-
ment committees dealing with issues of productivity, the quality of work
life and other issues in accordance with the collectively negotiated
agreement.
Section 26 of this part provides for an immediate effective date of this
part, which shall be deemed to have been in full force and effect on and
after April 2, 2011. Appropriations made by this chapter shall remain in
full force and effect for liabilities incurred through March 31, 2012.
PART B OF THE BILL:
Section 1 of this part repeals Civil Service Law § 130(1)(d) and
replaces it with a new paragraph (d), which includes new salary sched-
ules for competitive, noncompetitive and labor class employees desig-
nated M/C, or who are otherwise excluded from representation rights.
Section 2 of this part repeals Correction Law § 19(1), and replaces it
with a new subdivision 1 providing new salary schedules for superinten-
dents of correctional facilities.
Section 3 of this part authorizes an increase in basic annual salary of
2 percent effective April 1, 2014 and 2 percent effective April 1, 2015.
It provides for a lump sum payment of $775 effective April 1, 2013 and a
lump sum payment of $225 effective April 1, 2014. Additionally, this
section provides for performance advances, merit awards and longevity
payments for non-statutorily paid employees.
Sections 4 and 5 of this part provide salary increases and lump sum
payments consistent with the salary increases provided in Section 3 of
this part for certain State officers and employees in the Division of
State Police, certain State employees in the State University and
certain employees of the contract colleges at Cornell and Alfred.
Section 6 of this part continues existing location compensation for
employees whose principal place of employment is located in New York
City, or the counties of Westchester, Rockland, Suffolk, Nassau, Dutch-
ess, Putnam, Orange and Monroe. Employees in the counties of Dutchess,
Putnam or Orange continue to receive location compensation at the annual
rate of $1,513. Employees in New York City, or in the counties of Rock-
land, Westchester, Nassau or Suffolk shall receive location compensation
at the annual rate of $3,026. For the county of Monroe, only employees
hired before March 31, 1985 shall be eligible for continued location
compensation of $200 per year.
Section 7 of this part continues location compensation for certain offi-
cers and employees of the Hudson Valley Developmental Disabilities
Services Office.
Section 8 of this part provides for the continuation of an overtime meal
allowance for employees covered by this part.
Section 9 of this part continues authorization for payment of grievance
settlements and awards pursuant to the Executive Order No. 42 grievance
procedure, which applies to M/C employees.
Section 10 of this part authorizes the State Comptroller to make
payments required during the fiscal years commencing April 1, 2011.
Section 11 of this part provides that employees who participate in a
special annuity program under article 8-C of the Education Law shall not
suffer any reduction of the salary adjustment to which they are other-
wise entitled under the program, as a result of an increase in compen-
sation provided for in this bill.
Section 12 of this part provides that salary increases, pursuant to this
bill, shall be effective on the first day of the first pay period near-
est to the effective date of any such salary Increase.
Section 13 of this part provides that the Director of the Budget may
withhold any salary increase in order to: reflect the job performance of
an officer or of an employee, maintain appropriate salary relationships
among employees, reduce state expenditures to acceptable levels, or
whenever such increase is not warranted or appropriate. Additionally,
this section provides that the Director of the Budget may devise and
implement a salary reduction plan covering employees covered by this
Part.
Section 14 of this part appropriates additional funding to supplement
currently available appropriations to carry out the benefits and train-
ing and development programs In addition, funding is included to cover
the pro rata M/C share of negotiated programs.
Section 15 of this part provides for an immediate effective date of this
part, which shall be deemed to have been in full force and effect on and
after April 1, 2011. Appropriations made by this chapter shall remain in
full force and effect for liabilities incurred through March 31, 2012.
STATEMENT IN SUPPORT OF THE BILL:
PART A OF THE BILL:
This part of the bill implements the terms of a collective bargaining
agreement covering members of the Administrative Services Unit, the
Institutional Services Unit, the Operational Services Unit and the Divi-
sion of Military and Naval Affairs Unit represented by CSEA. Approxi-
mately 59,000 full-time annual employees are covered by the Agreement,
including keyboard specialists, clerks, cleaners, developmental and
mental health therapy aides, nurses and highway maintenance workers.
The prior agreement governing these employees expired on April 1, 2011.
Under Article 14 of the Civil Service Law, the Agreement is binding on
all parties to it. This bill incorporates the terms of that Agreement
relating to salary increases, salary deductions, salary reductions,
benefit modifications, and modifications to terms and conditions of
employment and appropriates funds necessary to pay for it, in accordance
with the State's obligations.
PART B OF THE BILL:
This part of the bill establishes terms and conditions of employment for
M/C and other unrepresented employees.
This part of the bill provides M/C and other unrepresented employees
with compensation increases and payments that are comparable to recently
negotiated increases and payments for certain represented employees.
Such parity is essential to provide for appropriate salary adminis-
tration (by maintaining proper salary relationships and mitigating sala-
ry compression), assure productivity, maintain good morale, and to allow
for the recruitment and retention of competent staff.
FISCAL IMPLICATIONS OF THE BILL:
Part A the bill would provide appropriations totaling approximately $19
million to pay for the cost of the negotiated agreement during the peri-
od April 2, 2011 to March 31, 2012.
Part B of the bill would provide appropriations totaling approximately
$3.5 million to pay its cost during the period April 1, 2011 to March
31, 2012.
EFFECTIVE DATE:
Part A of the bill takes effect retroactively as of April 2, 2011 and
Part B of the bill takes effect retroactively as of April 1 ,2011.
STATE OF NEW YORK
________________________________________________________________________
S. 5846 A. 8513
2011-2012 Regular Sessions
SENATE - ASSEMBLY
June 22, 2011
___________
IN SENATE -- Introduced by Sen. ROBACH -- (at request of the Governor)
-- read twice and ordered printed, and when printed to be committed to
the Committee on Rules
IN ASSEMBLY -- 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 civil service law and the state finance law, in
relation to compensation and other terms and conditions of employment
of certain state officers and employees, to authorize funding of joint
labor-management committees, to implement agreements between the state
and an employee organization; to amend chapter 333 of the laws of 1969
amending the civil service law and other laws relating to salary
increases for certain state officers and employees, in relation to
rates of pay for certain state employees; to repeal certain provisions
of the civil service law relating thereto; and making an appropriation
for the purpose of effectuating certain provisions hereof (Part A); to
amend the civil service law and the correction law, in relation to
salaries; to repeal certain provisions of such laws relating thereto;
and making an appropriation for the purpose of effectuating certain
provisions hereof (Part B)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law legislation necessary to implement
2 collective bargaining agreements, to make changes to an existing collec-
3 tive bargaining agreement, and to implement changes to salary and bene-
4 fits for certain state officers and employees excluded from collective
5 negotiating units. Each component is wholly contained within a Part
6 identified as Parts A through B. The effective date for each particular
7 provision contained within such Part is set forth in the last section of
8 such Part. Any provision in any section contained within a Part, includ-
9 ing the effective date of the Part, which makes reference to a section
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12077-02-1
S. 5846 2 A. 8513
1 "of this act", when used in connection with that particular component,
2 shall be deemed to mean and refer to the corresponding section of the
3 Part in which it is found. Section two of this act sets forth the gener-
4 al severability clause applying to this act. Section three of this act
5 sets forth the general effective date of this act.
6 PART A
7 COLLECTIVE BARGAINING AGREEMENT BETWEEN
8 THE STATE OF NEW YORK AND THE CIVIL SERVICE
9 EMPLOYEES ASSOCIATION, INC. FOR 2011-2016
10 Section 1. Subparagraphs 1, 2, 3 and 4 of paragraph a of subdivision 1
11 of section 130 of the civil service law are REPEALED and three new
12 subparagraphs 1, 2 and 3 are added to read as follows:
13 (1) Effective April first, two thousand ten for officers and employees
14 on the administrative payroll and effective March twenty-fifth, two
15 thousand ten for officers and employees on the institutional payroll:
16 SGHRStepStepStepStepStepStepJRINCR
17 123456
18 12204122785235292427325017257612650527249744
19 22288323663244432522326003267832756328343780
20 32402524840256552647027285281002891529730815
21 42507425937268002766328526293893025231115863
22 52627427178280822898629890307943169832602904
23 62774428683296223056131500324393337834317939
24 72927830263312483223333218342033518836173985
25 830928319513297433997350203604337066380891023
26 932653337223479135860369293799839067401361069
27 1034521356423676337884390054012641247423681121
28 1136523377003887740054412314240843585447621177
29 1238612398304104842266434844470245920471381218
30 1340903421774345144725459994727348547498211274
31 1443270445964592247248485744990051226525521326
32 1545781471634854549927513095269154073554551382
33 1648346497925123852684541305557657022584681446
34 1751067525955412355651571795870760235617631528
35 1854018556145721058806604026199863594651901596
36 1956912585876026261937636126528766962686371675
37 2059889616306337165112668536859470335720761741
38 2163101649246674768570703937221674039758621823
39 2266484683897029472199741047600977914798191905
40 2370038720267401476002779907997881966839541988
41 2473850759087796680024820828414086198882562058
42 2577931800808222984378865278867690825929742149
43 (2) Effective March twenty-seven, two thousand fourteen for officers
44 and employees on the administrative payroll and effective April three,
45 two thousand fourteen for officers and employees on the institutional
46 payroll:
47 SGHRStepStepStepStepStepStepJRINCR
48 123456
49 12248223241240002475925518262772703627795759
50 22334124137249332572926525273212811728913796
51 32450625337261682699927830286612949230323831
52 42557526455273352821529095299753085531735880
53 52679927721286432956530487314093233133253922
54 62829929257302153117332131330893404735005958
S. 5846 3 A. 8513
1 729864308693187432879338843488935894368991005
2 831547325903363334676357193676237805388481043
3 933306343963548636576376663875639846409361090
4 1035211363543749738640397834092642069432121143
5 1137253384543965540856420574325844459456601201
6 1239384406264186843110443524559446836480781242
7 1341721430204431945618469174821649515508141299
8 1444135454884684148194495475090052253536061353
9 1546697481074951750927523375374755157565671410
10 1649313507885226353738552135668858163596381475
11 1752088536475520656765583245988361442630011559
12 1855098567265835459982616106323864866664941628
13 1958050597596146863177648866659568304700131709
14 2061087628636463966415681916996771743735191776
15 2164363662226808169940717997365875517773761859
16 2267814697577170073643755867752979472814151943
17 2371439734677549577523795518157983607856352028
18 2475327774267952581624837238582287921900202099
19 2579490816828387486066882589045092642948342192
20 (3) Effective March twenty-six, two thousand fifteen for officers and
21 employees on the administrative payroll and effective April two, two
22 thousand fifteen for officers and employees on the institutional payroll:
23 SGHRStepStepStepStepStepStepJRINCR
24 123456
25 12293223706244802525426028268022757628350774
26 22380824620254322624427056278682868029492812
27 32499625844266922754028388292363008430932848
28 42608726985278832878129679305773147532373898
29 52733528275292153015531095320353297533915940
30 62886529842308193179632773337503472735704977
31 730461314863251133536345613558636611376361025
32 832178332423430635370364343749838562396261064
33 933972350843619637308384203953240644417561112
34 1035915370813824739413405794174542911440771166
35 1137998392234044841673428984412345348465731225
36 1240172414394270643973452404650747774490411267
37 1342555438804520546530478554918050505518301325
38 1445018463984777849158505385191853298546781380
39 1547631490695050751945533835482156259576971438
40 1650299518045330954814563195782459329608341505
41 1753130547205631057900594906108062670642601590
42 1856200578615952261183628446450566166678271661
43 1959211609546269764440661836792669669714121743
44 2062309641206593167742695537136473175749861811
45 2165650675466944271338732347513077026789221896
46 2269170711527313475116770987908081062830441982
47 2372868749377700679075811448321385282873512069
48 2476834789758111683257853988753989680918212141
49 2581080833168555287788900249226094496967322236
50 § 2. Subdivision 8 of section 167 of the civil service law, as added by
51 chapter 442 of the laws of 1999, is amended to read as follows:
52 8. Notwithstanding any inconsistent provision of law, where and to the
53 extent that an agreement between the state and an employee organization
54 entered into pursuant to article fourteen of this chapter so provides,
55 the state cost of premium or subscription charges for eligible employees
56 covered by such agreement may be [increased] modified pursuant to the
S. 5846 4 A. 8513
1 terms of such agreement [and for a duration provided by such agreement
2 and pursuant to rules and regulations as may be established by the presi-
3 dent. Such increase in state cost shall only apply during the period of
4 eligibility provided by such agreement and shall not be applied during
5 retirement]. The president, with the approval of the director of the
6 budget, may extend the modified state cost of premium or subscription
7 charges for employees or retirees not subject to an agreement referenced
8 above and shall promulgate the necessary rules or regulations to imple-
9 ment this provision.
10 § 3. Subdivision 2 of section 208 of the civil service law, as amended
11 by section 3 of part A of chapter 10 of the laws of 2008, is amended to
12 read as follows:
13 2. An employee organization certified or recognized pursuant to this
14 article shall be entitled to unchallenged representation status until
15 seven months prior to the expiration of a written agreement between the
16 public employer and said employee organization determining terms and
17 conditions of employment. For the purposes of this subdivision, (a) any
18 such agreement for a term covering other than the fiscal year of the
19 public employer shall be deemed to expire with the fiscal year ending
20 immediately prior to the termination date of such agreement, (b) any such
21 agreement having a term in excess of three years shall be treated as an
22 agreement for a term of three years, provided, however, any such agree-
23 ment between the state and an employee organization representing employ-
24 ees in the executive or judicial branches which commences in the calendar
25 year two thousand [seven] eleven having a term in excess of three years
26 shall be treated as an agreement for a term certain specified in such
27 agreement but in no event for a term greater than four years, and (c)
28 extensions of any such agreement shall not extend the period of unchal-
29 lenged representation status[, and (d) notwithstanding any provision of
30 law to the contrary, the interest arbitration award issued pursuant to
31 the provisions of paragraph (e) of subdivision four of section two
32 hundred nine of this article binding the executive branch of the state of
33 New York and the employee organization which represents the collective
34 negotiating unit consisting of troopers and the unit consisting of
35 commissioned and non-commissioned officers in the division of state
36 police, covering a period commencing April first, nineteen hundred nine-
37 ty-nine, shall be treated as a written agreement for the term specified
38 in such award solely for the representation purposes of this section].
39 § 4. Paragraph (e) of subdivision 3 of section 130 of the civil service
40 law, as amended by section 4 of part A of chapter 10 of the laws of 2008,
41 is amended to read as follows:
42 (e) [(i) Prior to April first, two thousand ten, and notwithstanding
43 any inconsistent provision of law, officers and employees to whom para-
44 graph a of subdivision one of this section applies who, on or after April
45 first, nineteen hundred eighty-seven, on their anniversary date have five
46 or more years of continuous service as defined by paragraph (c) of this
47 subdivision at a basic annual salary rate equal to or in excess of the
48 job rate or maximum salary of their salary grade, but below the first
49 longevity step and whose performance for the most recent rating period
50 was rated at least "satisfactory" or its equivalent, shall have their
51 basic annual salary increased to the first longevity step or shall have
52 their basic annual salary as otherwise effective increased by seven
53 hundred fifty dollars, or by eight hundred seventy-five dollars on or
54 after April first, two thousand seven; or by one thousand dollars on or
55 after April first, two thousand eight; or by one thousand one hundred
56 twenty-five dollars on or after April first, two thousand nine or as much
S. 5846 5 A. 8513
1 of that amount as will not result in the new basic annual salary exceed-
2 ing the step two longevity step. Notwithstanding any inconsistent
3 provision of law, officers and employees to whom paragraph a of subdivi-
4 sion one of this section apply who, on or after April first, nineteen
5 hundred eighty-seven, on their anniversary date have ten or more years of
6 continuous service as defined by paragraph (c) of this subdivision at a
7 basic annual salary rate equal to or in excess of the job rate or maximum
8 salary of their salary grade, but below the second longevity step and
9 whose performance for the most recent rating period was rated at least
10 "satisfactory" or its equivalent, shall have their basic annual salary
11 increased to the second longevity step as found in paragraph a of subdi-
12 vision one of this section. Such increases to longevity steps by eligible
13 officers or employees shall become effective on the first day of the
14 payroll period which next begins following the anniversary date which
15 satisfies the prescribed service requirements. For the purposes of this
16 paragraph the term continuous service as defined by paragraph (c) of this
17 subdivision for employees in the division of military and naval affairs
18 unit shall refer to uninterrupted service in the civilian service of the
19 division of military and naval affairs.
20 (ii) Officers] Where, and to the extent that, an agreement between the
21 state and an employee organization entered into pursuant to article four-
22 teen of this chapter on behalf of officers and employees serving in posi-
23 tions in the administrative services unit, institutional services unit,
24 operational services unit or military and naval affairs unit so provides
25 officers and employees to whom paragraph a of subdivision one of this
26 section applies who, on or after April first, two thousand [ten] eleven,
27 on their anniversary date have five or more years, but less than ten
28 years, of continuous service as defined by paragraph (c) of this subdivi-
29 sion at a basic annual salary rate equal to or in excess of the job rate
30 or maximum salary of their salary grade, shall receive a lump sum payment
31 in the amount of one thousand two hundred fifty dollars. [Officers]
32 Where, and to the extent that, an agreement between the state and an
33 employee organization entered into pursuant to article fourteen of this
34 chapter on behalf of officers and employees serving in positions in the
35 administrative services unit, institutional services unit, operational
36 services unit or military and naval affairs unit so provides officers and
37 employees to whom paragraph a of subdivision one of this section applies
38 who, on or after April first, two thousand [ten] eleven, on their anni-
39 versary date have ten or more years of continuous service as defined by
40 paragraph (c) of this subdivision at a basic annual salary rate equal to
41 or in excess of the job rate or maximum salary of their salary grade
42 shall receive a lump sum payment in the amount of two thousand five
43 hundred dollars.
44 Such lump sum payment shall be in addition to and not part of the
45 employee's basic annual salary, provided however that any amount payable
46 by this paragraph shall be included as compensation for overtime and
47 retirement purposes.
48 Such lump sum payment shall be payable in April of each fiscal year, or
49 as soon as practicable thereafter, for those eligible employees who have
50 achieved five or more, or ten or more years of continuous service as
51 defined by paragraph (c) of this subdivision at a basic annual salary
52 rate equal to or in excess of the job rate or maximum salary of their
53 salary grade during the period October first through March thirty-first
54 of the previous fiscal year. Such payment shall be payable in October of
55 each fiscal year, or as soon as practicable thereafter, for those eligi-
56 ble employees who have achieved five or more, or ten or more years of
S. 5846 6 A. 8513
1 continuous service as defined by paragraph (c) of this subdivision at a
2 basic annual salary rate equal to or in excess of the job rate or maximum
3 salary of their salary grade during the period April first through
4 September thirtieth of that same fiscal year. [All compensation already
5 included in an employee's basic annual salary pursuant to subparagraph
6 (i) of this paragraph shall remain included in such basic annual salary.]
7 § 5. Subdivision 12-d of section 8 of the state finance law, as amended
8 by section 5 of part A of chapter 10 of the laws of 2008, is amended to
9 read as follows:
10 12-d. Notwithstanding any inconsistent provision of the court of claims
11 act, examine, audit and certify for payment any claim submitted and
12 approved by the head of a state department or agency, other than a
13 department or agency specified in subdivision twelve of this section, for
14 personal property of an employee damaged or destroyed in the course of
15 the performance of official duties without fault on his part by an
16 inmate, patient or client of such department or agency after March thir-
17 ty-first, two thousand [seven] eleven and prior to April first, two thou-
18 sand [eleven] sixteen, provided no such claim may be certified for
19 payment to an officer or employee who is in a collective negotiating unit
20 until the director of employee relations shall deliver to the comptroller
21 a [certificate] letter that there is in effect with respect to such nego-
22 tiating unit a written collectively negotiated agreement with the state
23 pursuant to article fourteen of the civil service law which provides
24 therefor. Payment of any such claim shall not exceed the sum of three
25 hundred dollars. No person submitting a claim under this subdivision
26 shall have any claim for damages to such personal property approved
27 pursuant to the provision of subdivision four of section five hundred
28 thirty of the labor law or any other applicable provision of law.
29 § 6. Subdivision 12-e of section 8 of the state finance law, as amended
30 by section 6 of part A of chapter 10 of the laws of 2008, is amended to
31 read as follows:
32 12-e. Notwithstanding any inconsistent provision of the court of claims
33 act, where, and to the extent that, an agreement between the state and an
34 employee organization entered into pursuant to article fourteen of the
35 civil service law on behalf of officers and employees serving in posi-
36 tions in the professional, scientific and technical services unit, admin-
37 istrative services unit, institutional services unit, operational
38 services unit or and military and naval affairs unit so provides, exam-
39 ine, audit and certify for payment any claim submitted and approved by
40 the head of a state department or agency for personal property of an
41 officer or employee damaged or destroyed in the actual performance of
42 official duties without fault or negligence of the officer or employee
43 other than a claim specified and covered by subdivision twelve or
44 twelve-d of this section after March thirty-first, two thousand [seven]
45 eleven and before April first, two thousand [eleven] sixteen. Payment of
46 such claim shall not exceed the sum of three hundred fifty dollars. Where
47 an agreement between the state and such employee organization entered
48 into pursuant to article fourteen of the civil service law provides for
49 payment to be made to officers and employees by a state department or
50 agency, such payments for claims not in excess of the amount specified in
51 subdivision three of section one hundred fifteen of this chapter may be
52 made from a petty cash account established pursuant to section one
53 hundred fifteen of this chapter and in the manner prescribed therein and
54 pursuant to regulations of the comptroller. No person submitting a claim
55 under this subdivision shall have any claim for damages to such personal
56 property approved pursuant to the provisions of subdivision four of
S. 5846 7 A. 8513
1 section five hundred thirty of the labor law or any other applicable
2 provision of law.
3 § 7. Section 200 of the state finance law is amended by adding a new
4 subdivision 5 to read as follows:
5 5. Notwithstanding any law to the contrary, by agreement between the
6 state and an employee organization entered into pursuant to article four-
7 teen of the civil service law, or by an interest arbitration award bind-
8 ing the state and an employee organization pursuant to article fourteen
9 of the civil service law, or by the director of budget for state officers
10 and employees in the executive branch who are in positions which are not
11 in collective negotiating units, plans may be established to reduce the
12 basic annual salary, hourly rate or per diem for any employee within the
13 purview of such agreement, interest arbitration award, or the budget
14 director's authority. Any plan or plans established under this section
15 will be implemented when the budget director notifies the director of the
16 governor's office of employee relations and delivers such plan or plans
17 to the comptroller, at which point the comptroller will take the neces-
18 sary actions to reduce, restore, or repay compensation, provided however,
19 that the comptroller must take such actions wholly within the fiscal year
20 that such plan requires. After the cessation of such plan, the comp-
21 troller shall restore such salary, hourly rate or per diem to the amount
22 in effect immediately before the commencement of such plan.
23 § 8. Subdivision 1 of section 135 of the civil service law is amended
24 adding a new paragraph (d) to read as follows:
25 (d) payments made pursuant to a collective bargaining agreement negoti-
26 ated pursuant to article fourteen of this chapter or regulations promul-
27 gated by the president pursuant to subdivision three of section one
28 hundred sixty-three of this chapter permitting payment to an employee or
29 officer in exchange for the employee's election to withdraw from the
30 health insurance plan established pursuant to article eleven of this
31 chapter. Such payments shall not be considered part of an employee's
32 basic annual salary and shall not be considered compensation for the
33 purposes of overtime calculation or retirement.
34 § 9. Compensation for certain state officers and employees in collec-
35 tive negotiating units. 1. The provisions of this section shall apply,
36 except as otherwise stated in this section, to all full-time officers and
37 employees in the collective negotiating units designated as the adminis-
38 trative services unit, the institutional services unit, the operational
39 services unit, or the division of military and naval affairs unit estab-
40 lished pursuant to article 14 of the civil service law.
41 2. (a) Effective March 28, 2013 for officers and employees on the
42 administrative payroll and effective April 4, 2013 for officers and
43 employees on the institutional payroll pursuant to article 14 of the
44 civil service law a lump sum payment of $775 shall be made to each
45 employee in such units in full-time annual salaried employment status who
46 was (i) active on the date of ratification of the agreement between the
47 state and the negotiating unit covering such employee and (ii) in contin-
48 uous service, as defined by paragraph (c) of subdivision 3 of section 130
49 of the civil service law, from that date until March 28, 2013 for offi-
50 cers and employees on the administrative payroll and on April 4, 2013 for
51 officers and employees on the institutional payroll. Such lump sum shall
52 be considered salary for final average salary retirement purposes but
53 shall not become part of basic annual salary. Notwithstanding the forego-
54 ing provisions of this subdivision, officers and employees who would have
55 otherwise been eligible to receive such lump sum payment, but who were
56 not on the payroll on such date, shall be eligible for said payment if
S. 5846 8 A. 8513
1 they return to full-time employment status during the fiscal year
2 2013-2014 without a break in continuous service.
3 (b) Effective March 27, 2014 for officers and employees on the adminis-
4 trative payroll and effective April 3, 2014 for officers and employees on
5 the institutional payroll pursuant to article 14 of the civil service law
6 a lump sum payment of $225 shall be made to each employee in such units
7 in full-time annual salaried employment status who was (i) active on the
8 date of ratification of the agreement between the state and the negotiat-
9 ing unit covering such employee and (ii) in continuous service, as
10 defined by paragraph (c) of subdivision 3 of section 130 of the civil
11 service law, from that date until March 28, 2013 for officers and employ-
12 ees on the administrative payroll and April 4, 2013 for officers and
13 employees on the institutional payroll. Such lump sum shall be considered
14 salary for final average salary retirement purposes but shall not become
15 part of basic annual salary.
16 3. Effective March 27, 2014 for officers and employees on the adminis-
17 trative payroll and effective April 3, 2014 for officers and employees on
18 the institutional payroll, the basic annual salary of officers and
19 employees in full-time annual salaried employment status on the day
20 before such payroll period shall be increased by two percent adjusted to
21 the nearest whole dollar amount.
22 4. Effective March 26, 2015 for officers and employees on the adminis-
23 trative payroll and effective April 2, 2015 for officers and employees on
24 the institutional payroll, the basic annual salary of officers and
25 employees in full-time annual salaried employment status on the day
26 before such payroll period shall be increased by two percent adjusted to
27 the nearest whole dollar amount.
28 5. Notwithstanding the provisions of subdivisions three and four of
29 this section, if the basic annual salary of an officer or employee to
30 whom the provisions of this section apply is identical with the hiring
31 rate, step one, two, three, four, five, six or job rate of the salary
32 grade of his or her position on the effective dates of the increases
33 provided in these subdivisions, such basic annual salary shall be
34 increased to the hiring rate, step one, two, three, four, five, six or
35 job rate, respectively, of such salary grade as contained in the appro-
36 priate salary schedules in subparagraphs 2 and 3 of paragraph a of subdi-
37 vision 1 of section 130 of the civil service law, as added by section one
38 of this act, to take effect on the dates provided in subparagraphs 2 and
39 3, respectively. The increases in basic annual salary provided by this
40 subdivision shall be in lieu of any increase in basic annual salary
41 provided for in subdivisions three and four of this section.
42 6. Payments pursuant to the provisions of subdivision 6 of section 131
43 of the civil service law for full-time annual salaried officers and
44 employees entitled to such payments to whom the provisions of this
45 section apply shall be payable in accordance with the terms of an agree-
46 ment reached pursuant to article 14 of the civil service law between the
47 state and an employee organization representing employees subject to the
48 provisions of this section.
49 7. If an unencumbered position is one which if encumbered, would be
50 subject to the provisions of this section, the salary of such position
51 shall be increased by the salary increase amounts specified in this
52 section. If a position is created, and filled by the appointment of an
53 officer or employee who is subject to the provisions of this section, the
54 salary otherwise provided for such position shall be increased in the
55 same manner as though such position had been in existence but unencum-
56 bered.
S. 5846 9 A. 8513
1 8. The increases in salary provided in subdivisions three and four of
2 this section, and also the payments provided in subdivision two of this
3 section, shall apply on a prorated basis to officers and employees,
4 otherwise eligible to receive an increase in salary, who are paid on an
5 hourly or per diem basis, employees serving on a part-time or seasonal
6 basis and employees paid on any basis other than at an annual salary
7 rate. Notwithstanding the foregoing, the provisions of subdivision six of
8 this section shall not apply to employees serving on an hourly, per diem,
9 or seasonal basis, except as determined by the director of the budget.
10 9. In order to provide for the officers and employees to whom this
11 section applies who are not allocated to salary grades, but are paid on
12 an annual basis, increases and payments pursuant to subdivision six of
13 this section in proportion to those provided to persons to whom this
14 section applies who are allocated to salary grades, the director of the
15 budget is authorized to add appropriate adjustments and/or payments to
16 the compensation which such officers and employees are otherwise entitled
17 to receive. The director of the budget shall issue certificates which
18 shall contain schedules of positions and the salaries and/or payments
19 thereof for which adjustments and/or payments are made pursuant to the
20 provisions of this subdivision, and a copy of each such certificate shall
21 be filed with the state comptroller, the state department of civil
22 service, the chairman of the senate finance committee and the chairman of
23 the assembly ways and means committee.
24 10. Notwithstanding any other provision of this section, the provisions
25 of this section shall not apply to officers or employees paid on a fee
26 schedule basis.
27 11. Notwithstanding any other provision of this section, any increase
28 in compensation for any officer or employee appointed to a lower graded
29 position from a redeployment list pursuant to subdivision 1 of section 79
30 of the civil service law who continues to receive his or her former sala-
31 ry pursuant to such subdivision shall be determined on the basis of such
32 lower graded position provided, however, that the increases in salary
33 provided in this section shall not cause such officer's or employee's
34 salary to exceed the job rate of such lower graded position.
35 12. Notwithstanding any of the foregoing provisions of this section or
36 of any law to the contrary, the director of the budget may reduce the
37 salary of any position which is vacant or which becomes vacant, so long
38 as the position, if encumbered, would be subject to the provisions of
39 this section. The director of the budget does not need to provide a
40 reason for such reduction.
41 13. Notwithstanding any of the foregoing provisions of this section or
42 of any law to the contrary, any increase in compensation may be withheld
43 in whole or in part from any employee to whom the provisions of this
44 section are applicable when, in the opinion of the director of the budget
45 and the director of employee relations, such increase is not warranted or
46 is not appropriate for any reason.
47 § 10. Compensation for certain employees of the contract colleges at
48 Cornell and Alfred universities. 1. During the period April 1, 2011 to
49 March 31, 2016, the basic annual salaries of positions in the nonprofes-
50 sional service, except those positions in the Cornell service and mainte-
51 nance unit which are subject to the terms of a collective bargaining
52 agreement between Cornell University and the employee organization
53 representing employees in such positions and except those positions in
54 the Alfred service and maintenance unit which are subject to the terms of
55 a collective bargaining agreement between Alfred University and the
56 employee organization representing employees in such positions, in insti-
S. 5846 10 A. 8513
1 tutions under the management and control of Cornell and Alfred universi-
2 ties as representatives of the board of trustees of the state university
3 may be increased pursuant to plans approved by the state university trus-
4 tees. Such plans may include new salary schedules which shall supersede
5 the salary schedules then in effect applicable to such employees. Such
6 increases in basic annual salary rates, exclusive of performance advance-
7 ment payments or merit recognition payments, shall not exceed in the
8 aggregate the payments provided in subdivisions two, three, and four of
9 section nine of this act, for incumbents of positions subject to this
10 subdivision. Such plans may provide, within the appropriations available
11 therefor, an amount for distribution in whole or in part for meritorious
12 service by Cornell and Alfred universities, in their discretion, with the
13 approval of the state university trustees to the incumbents of such posi-
14 tions.
15 2. For the purposes of this section, the basic annual salary of employ-
16 ees is that salary which is obtained through direct appropriation of
17 state moneys for the purpose of paying wages. Nothing in this section
18 shall prevent payment of additional amounts to incumbents of such posi-
19 tions in the nonprofessional service in addition to the basic annual
20 salary; provided, however, that the amounts required for such additional
21 payment, and the cost of fringe benefits attributable to such payment, as
22 determined by the comptroller, are made available to the state in accord-
23 ance with the procedures established by the state university for such
24 purposes.
25 3. Notwithstanding the foregoing provisions of this section, any
26 increase in compensation provided by this section may be withheld in
27 whole or in part from any officer or employee when, in the opinion of the
28 director of the budget, such withholding is necessary to reflect the job
29 performance of such officer or employee, or to maintain appropriate sala-
30 ry relationships among officers or employees of the state, or to reduce
31 state expenditures to acceptable levels, or when such increase is not
32 warranted or is not appropriate for any reason and the salary of such
33 officer or employee is set at the discretion of the appointing authority.
34 4. Notwithstanding the foregoing provisions of this subdivision or act
35 or any other provision of law, rule or regulation to the contrary, the
36 contract colleges at Cornell and Alfred universities are authorized to
37 provide for a procedure for the repayment of salaries withheld from
38 incumbents of positions subject to this subdivision as described in
39 subdivision one of this section, pursuant to subdivision 2-a of section
40 200 of the state finance law in lieu of the lump sum payment authorized
41 by subparagraph 3 of paragraph (a) of subdivision 2-a of section 200 of
42 the state finance law, subject to the approval of the state university
43 trustees. Further, Cornell and Alfred universities are authorized to
44 provide that the salary of employees newly hired on or after September 1,
45 1992 shall not be subject to the provisions of subdivision 2-a of section
46 200 of the state finance law.
47 § 11. Location compensation for certain state officers and employees in
48 collective negotiating units. Notwithstanding any inconsistent
49 provisions of law, full-time annual salaried officers and employees, as
50 well as non-annual salaried seasonal officers and employees who shall
51 receive the compensation provided for pursuant to this section on a pro-
52 rated basis, except non-annual salaried officers and employees who are
53 not seasonal, in the collective negotiating units designated as the
54 administrative services unit, the institutional services unit, the opera-
55 tional services unit, or the division of military and naval affairs unit
56 established pursuant to article 14 of the civil service law, whose prin-
S. 5846 11 A. 8513
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 comptroller is located (1) in the county of Monroe and who were eligible
4 to receive location pay on March 31, 1985, shall receive location pay at
5 the rate of $200 per year provided they continue to be otherwise eligible
6 or (2) in the city of New York, or in the county of Rockland, Westches-
7 ter, Nassau or Suffolk shall, effective April 1, 2011, continue to
8 receive a downstate adjustment at the annual rate of $3,026 (3) in the
9 county of Dutchess, Putnam or Orange shall, effective April 1, 2011,
10 continue to receive a mid-Hudson adjustment at the annual rate of $1,513.
11 Such location payments shall be in addition to and shall not be a part of
12 an officer's or employee's basic annual salary, and shall not affect or
13 impair any performance advancements or other rights or benefits to which
14 an officer or employee may be entitled by law, provided, however, that
15 location payments shall be included as compensation for purposes of
16 computation of overtime pay and for retirement purposes. For the sole
17 purpose of continuing eligibility for location pay in Monroe county, an
18 officer or employee previously eligible to receive location pay on March
19 31, 1985 who is on an approved leave of absence or participates in an
20 employer program to reduce to part-time service during summer months
21 shall continue to be eligible for said location pay upon return to full-
22 time state service in Monroe county.
23 § 12. Continuation of location compensation for certain officers and
24 employees of the Hudson Valley developmental disabilities services
25 office. 1. Notwithstanding any law, rule or regulation to the contrary,
26 any officer or employee of the Hudson Valley developmental disabilities
27 services office represented in the collective negotiating units desig-
28 nated as the administrative services unit, the institutional services
29 unit or the operational services unit, who is receiving location pay
30 pursuant to section 5 of chapter 174 of the laws of 1993 shall continue
31 to receive such location pay under the conditions and at the rates speci-
32 fied by such section.
33 2. Notwithstanding any law, rule or regulation to the contrary, any
34 officer or employee of the Hudson Valley developmental disabilities
35 services office represented in the collective negotiating units desig-
36 nated as the administrative services unit, the institutional services
37 negotiating unit or the operational services negotiating unit, who is
38 receiving location pay pursuant to subdivision 2 of section 9 of chapter
39 315 of the laws of 1995 shall continue to receive such location pay under
40 the conditions and at the rates specified by such subdivision.
41 3. Notwithstanding section eleven of this act or any other law, rule or
42 regulation to the contrary, any officer or employee of the Hudson Valley
43 developmental disabilities services office represented in the collective
44 negotiating units designated as the administrative services unit, the
45 institutional services unit or the operational services unit, who is
46 receiving location pay pursuant to such section eleven shall continue to
47 be eligible for such location pay if such officer's or employee's princi-
48 pal place of employment is changed to a location outside of the county of
49 Rockland as the result of a reduction or redeployment of staff, provided,
50 however, that such officer or employee is reassigned to or otherwise
51 appointed or promoted to a different position at another work location
52 within the Hudson Valley developmental disabilities services office
53 located outside of the county of Rockland. The rate of such continued
54 location pay shall not exceed the rates such officer or employee is
55 receiving on the date of such reassignment, appointment or promotion.
S. 5846 12 A. 8513
1 § 13. Notwithstanding any law, rule or regulation to the contrary,
2 certain full-time employees of the office for people with developmental
3 disabilities in the collective negotiating unit designated as the insti-
4 tutional services unit who are required to sleep over at their work site
5 shall continue to receive inconvenience pay pursuant to section 17 of
6 chapter 333 of the laws of 1969 as amended, in accordance with and
7 subject to the conditions established by the terms of a negotiated agree-
8 ment between the state and an employee organization representing such
9 unit and the resolution of a contract grievance bearing identification
10 number 98-04-448.
11 § 14. Additional compensation for certain employees in recognition of
12 pre-shift briefing. 1. In recognition of the general requirement for
13 full-time employees of the state in the collective negotiating unit
14 designated as the division of military and naval affairs unit, estab-
15 lished pursuant to article 14 of the civil service law, to assemble for
16 briefing prior to the commencement of duties, each such employee shall
17 receive additional compensation at the rate of $60 per biweekly payroll
18 period in accordance with the terms of a collectively negotiated agree-
19 ment between the state and an employee organization representing such
20 employees pursuant to article 14 of the civil service law. Such addi-
21 tional compensation shall be paid in addition to and shall not be a part
22 of the employee's basic annual salary. Notwithstanding the foregoing
23 provisions of this section, or of any other law, such additional compen-
24 sation as added by this section shall be in lieu of the continuation of
25 any other additional compensation for such employees paid prior to June
26 2, 1988, in recognition of pre-shift briefing.
27 2. Notwithstanding any inconsistent provisions of law, effective April
28 1, 2011, where and to the extent that, an agreement between the state and
29 an employee organization entered into pursuant to article 14 of the civil
30 service law so provides, in recognition of the general requirement that
31 certain full-time employees of the state in the collective negotiating
32 unit designated as the institutional services unit, established pursuant
33 to article 14 of the civil service law, in the employ of the office of
34 children and family services, to assemble for briefing prior to the
35 commencement of duties, each such employee shall receive additional
36 compensation in the amount of $4.80, or one-quarter hour of their over-
37 time rate, whichever is higher, when they are required to and actually
38 assemble for such briefing. Such additional compensation shall be paid in
39 addition to and shall not be a part of the employee's basic annual sala-
40 ry.
41 § 15. Assignment to duty pay. Notwithstanding any inconsistent
42 provisions of law, effective April 1, 2011, where and to the extent that,
43 an agreement between the state and an employee organization entered into
44 pursuant to article 14 of the civil service law so provides, an assign-
45 ment to duty lump sum shall be paid each year to an employee who is serv-
46 ing in a particular assignment deemed qualified pursuant to such agree-
47 ment. Such payment shall be in an amount negotiated for those employees
48 assigned to qualifying work assignments and who work such assignments for
49 the minimum periods of time in a year provided in the negotiated agree-
50 ment. Assignment to duty pay shall not be paid in any year an employee
51 does not meet the minimum period of time in such qualifying assignment
52 required by the agreement or upon cessation of the assignment to duty
53 program on March 30, 2016 unless an extension is negotiated by the
54 parties. Such lump sum shall be considered salary only for final average
55 salary retirement purposes.
S. 5846 13 A. 8513
1 § 16. Long term seasonal employees. Notwithstanding any inconsistent
2 provisions of law, effective April 1, 2011, where and to the extent that,
3 an agreement between the state and an employee organization entered into
4 pursuant to article 14 of the civil service law so provides, a lump sum
5 shall be paid each year to an employee who is serving in a qualifying
6 long term seasonal position. Such payment shall be in an amount negoti-
7 ated and pursuant to negotiated qualifying criteria and shall be consid-
8 ered salary only for final average salary retirement purposes. Such bene-
9 fit shall be available until March 30, 2016.
10 § 17. In recognition of the specific requirements for winter mainte-
11 nance activity for full-time employees of the state department of trans-
12 portation in the collective negotiating unit designated as the opera-
13 tional services unit, established pursuant to article 14 of the civil
14 service law, and to the extent the terms of a negotiated agreement
15 between the state and an employee organization representing such unit
16 entered into pursuant to article 14 of the civil service law so provides,
17 such employees shall receive payments for winter maintenance shifts and
18 call-out responses if otherwise eligible and in accordance with such
19 negotiated agreement.
20 § 18. Subdivision 2 of section 17 of chapter 333 of the laws of 1969
21 amending the civil service law and other laws relating to salary
22 increases for certain state officers and employees, as amended by chapter
23 214 of the laws of 2009, is amended to read as follows:
24 2. Any employee subject to this section who is required to work a tour
25 of duty which includes four or more hours between the hours of six p.m.
26 and six a.m., exclusive of any hours for which he or she receives over-
27 time compensation, shall be entitled to inconvenience pay for such tour
28 of duty in an amount equal to the daily rate equivalent of four hundred
29 dollars per year, unless a higher daily rate is authorized under the
30 terms of a collective negotiated agreement between the state and an
31 employee organization pursuant to article 14 of the civil service law, or
32 is authorized by the director of the budget for employees excluded from
33 negotiating rights under article 14 of the civil service law, in which
34 case such daily rate may be up to five hundred seventy-five dollars per
35 year, shall continue effective April 2, [2007] 2011. The provisions of
36 this subdivision shall apply on a prorated basis to officers and employ-
37 ees serving on a seasonal basis in the collective negotiating units
38 designated as the administrative services unit, the institutional
39 services unit, the operational services unit, and the division of mili-
40 tary and naval affairs unit, and officers and employees excluded from
41 collective negotiating units established pursuant to article 14 of the
42 civil service law.
43 § 19. Notwithstanding any inconsistent provision of law, where and to
44 the extent that any agreement between the state and an employee organiza-
45 tion entered into pursuant to article 14 of the civil service law so
46 provides on behalf of employees in the collective negotiating units
47 designated as the administrative, institutional, operational services
48 negotiating units or the military and naval affairs negotiating unit
49 established pursuant to article 14 of the civil service law, the state
50 shall contribute an amount designated in such agreement and for the peri-
51 od covered by such agreement to the accounts of such employees enrolled
52 for dependent care deductions pursuant to subdivision 7 of section 201-a
53 of the state finance law. Such amounts shall be from funds appropriated
54 in this act and shall not be part of basic annual salary for overtime or
55 retirement purposes.
S. 5846 14 A. 8513
1 § 20. Notwithstanding any provision of law to the contrary, the appro-
2 priations contained in this act shall be available to the state for the
3 payment and publication of grievance and arbitration settlements and
4 awards pursuant to articles 33 and 34 of the collective negotiating
5 agreement between the state and the employee organization representing
6 the collective negotiating units designated as the administrative
7 services unit, the institutional services unit, the operational services
8 unit or the division of military and naval affairs unit established
9 pursuant to article 14 of the civil service law.
10 § 21. During the period April 2, 2011 through April 1, 2016, there
11 shall be a statewide labor-management committee continued and adminis-
12 tered pursuant to the terms of the agreement negotiated between the state
13 and an employee organization representing employees in the collective
14 negotiating units designated as the administrative services unit, the
15 institutional services unit, the operational services unit or the divi-
16 sion of military and naval affairs unit established pursuant to article
17 14 of the civil service law which shall, after April 2, 2011, have the
18 responsibility of studying and making recommendations concerning the
19 major issues of productivity, the quality of work life and implementing
20 the agreements reached.
21 § 22. The salary increases, salary deductions, salary reductions, bene-
22 fit modifications, and any other modifications to terms and conditions of
23 employment provided for by this act for state employees in the collective
24 negotiating units designated as the administrative services unit, the
25 institutional services unit, the operational services unit or the divi-
26 sion of military and naval affairs unit established pursuant to article
27 14 of the civil service law shall not be implemented until the director
28 of employee relations shall have delivered to the director of the budget
29 and the comptroller a letter certifying that there is in effect with
30 respect to such negotiating units collectively negotiated agreements,
31 ratified by the membership, which provide for such increases, deductions,
32 reductions and modifications.
33 § 23. Use of appropriations. The comptroller is authorized to pay any
34 amounts required during the fiscal years commencing April 1, 2011 by the
35 foregoing provisions of this act for any state department or agency from
36 any appropriation or other funds available to such state department or
37 agency for personal service or for other related employee benefits during
38 such fiscal year. To the extent that such appropriations in any fund are
39 insufficient to accomplish the purposes herein set forth, the director of
40 the budget is authorized to allocate to the various departments and agen-
41 cies, from any appropriations available in any fund, the amounts neces-
42 sary to pay such amounts.
43 § 24. Effect of participation in special annuity program. No officer or
44 employee participating in a special annuity program pursuant to the
45 provisions of article 8-C of the education law shall, by reason of an
46 increase in compensation pursuant to this act, suffer any reduction of
47 the salary adjustment to which he or she would otherwise be entitled by
48 reason of participation in such program, and such salary adjustment shall
49 be based upon the salary of such officer or employee without regard to
50 the reduction authorized by such article.
51 § 25. The several amounts as hereinafter set forth, or so much thereof
52 as may be necessary, are hereby appropriated from the fund so designated
53 for use by any state department or agency for the fiscal year beginning
54 April 1, 2011 to supplement appropriations from each respective fund
55 available for personal service, other than personal service and fringe
56 benefits, and to carry out the provisions of this act. No money shall be
S. 5846 15 A. 8513
1 available for expenditure from this appropriation until a certificate of
2 approval has been issued by the director of the budget and a copy of
3 such certificate or any amendment thereto has been filed with the state
4 comptroller, the chair of the senate finance committee and the chair of
5 the assembly ways and means committee.
6 ALL STATE DEPARTMENTS AND AGENCIES
7 SPECIAL PAY BILLS
8 General Fund / State Operations
9 State Purposes Account - 003
10 Nonpersonal Service
11 Joint committee on health benefits ............. 1,331,000
12 Employee training and development ............. 10,714,000
13 Safety and health maintenance committee .......... 637,000
14 Employment security committee .................... 525,000
15 Family Benefits Committee ...................... 2,582,000
16 Discipline ....................................... 381,000
17 Employee assistance program ...................... 648,000
18 Statewide performance rating committee ............ 41,000
19 Property damage ................................... 32,000
20 Work related clothing (operational services
21 unit) ........................................ 1,071,000
22 Tool allowance (operational services unit) ........ 77,000
23 Tool insurance (operational services unit) ........ 26,000
24 Uniform allowance (institutional services
25 unit) .......................................... 430,000
26 Work related clothing (institutional
27 services unit) .................................. 80,000
28 Contract Administration .......................... 400,000
29 § 26. This act shall take effect immediately and shall be deemed to
30 have been in full force and effect on and after April 2, 2011. Appropri-
31 ations made by this act shall remain in full force and effect for
32 liabilities incurred through March 31, 2012.
33 -------------------------------------------------------------------
REPEAL NOTE.--Subparagraphs 1, 2, 3, and 4 of paragraph a of subdivi-
sion 1 of section 130 of the civil service law, repealed by section one
of this act, provided salary schedules for state employees in the admin-
istrative services unit, the operational services unit, the institu-
tional services unit and the division of military and naval affairs and
are replaced by revised salary schedules in new subparagraphs 1, 2, and
3.
34 PART B
35 SALARIES AND BENEFITS FOR CERTAIN STATE
36 OFFICERS AND EMPLOYEES EXCLUDED FROM
37 COLLECTIVE NEGOTIATING UNITS FOR 2011-2016
38 Section 1. Paragraph d of subdivision 1 of section 130 of the civil
39 service law is REPEALED and a new paragraph d is added to read as
40 follows:
41 d. Salary grades for positions in the competitive, non-competitive and
42 labor classes of the classified service of the state of New York desig-
S. 5846 16 A. 8513
1 nated managerial or confidential pursuant to article fourteen of this
2 chapter, civilian state employees of the division of military and naval
3 affairs of the executive department whose positions are not in, or are
4 excluded from representation rights in, any recognized or certified
5 negotiating unit, and those excluded from representation rights under
6 article fourteen of this chapter pursuant to rules or regulations of the
7 public employment relations board shall be as follows on the effective
8 dates indicated:
9 (1) Effective April first, two thousand eleven:
10 GRADEHIRING RATEJOB RATE
11 M/C 3$22,547$28,824
12 M/C 4$23,542$30,132
13 M/C 5$24,955$31,594
14 M/C 6$26,014$33,215
15 M/C 7$27,514$35,013
16 M/C 8$29,024$36,818
17 M/C 9$30,682$38,776
18 M/C 10$32,335$40,927
19 M/C 11$34,296$43,200
20 M/C 12$36,106$45,466
21 M/C 13$38,208$47,991
22 M/C 14$40,477$50,631
23 M/C 15$42,729$53,366
24 M/C 16$45,138$56,212
25 M/C 17$47,698$59,312
26 M/C 18$47,952$59,504
27 M/C 19$50,524$62,597
28 M/C 20$53,099$65,737
29 M/C 21$55,963$69,132
30 M/C 22$58,971$72,765
31 M/C 23$61,993$77,454
32 M 1$66,914$84,581
33 M 2$74,210$93,803
34 M 3$82,363$104,080
35 M 4$91,096$114,961
36 M 5$101,149$127,794
37 M 6$111,992$140,864
38 M 7$123,446$152,886
39 M 8$104,082+
40 (2) Effective April first, two thousand fourteen:
41 GRADEHIRING RATEJOB RATE
42 M/C 3$22,998$29,400
43 M/C 4$24,013$30,735
44 M/C 5$25,454$32,226
45 M/C 6$26,534$33,879
46 M/C 7$28,064$35,713
47 M/C 8$29,604$37,554
48 M/C 9$31,296$39,552
49 M/C 10$32,982$41,746
50 M/C 11$34,982$44,064
51 M/C 12$36,828$46,375
52 M/C 13$38,972$48,951
53 M/C 14$41,287$51,644
54 M/C 15$43,584$54,433
55 M/C 16$46,041$57,336
56 M/C 17$48,652$60,498
S. 5846 17 A. 8513
1 M/C 18$48,911$60,694
2 M/C 19$51,534$63,849
3 M/C 20$54,161$67,052
4 M/C 21$57,082$70,515
5 M/C 22$60,150$74,220
6 M/C 23$63,233$79,003
7 M 1$68,252$86,273
8 M 2$75,694$95,679
9 M 3$84,010$106,162
10 M 4$92,918$117,260
11 M 5$103,172$130,350
12 M 6$114,232$143,681
13 M 7$125,915$155,944
14 M 8$106,164+
15 (3) Effective April first, two thousand fifteen:
16 GRADEHIRING RATEJOB RATE
17 M/C 3$23,458$29,988
18 M/C 4$24,493$31,350
19 M/C 5$25,963$32,871
20 M/C 6$27,065$34,557
21 M/C 7$28,625$36,427
22 M/C 8$30,196$38,305
23 M/C 9$31,922$40,343
24 M/C 10$33,642$42,581
25 M/C 11$35,682$44,945
26 M/C 12$37,565$47,303
27 M/C 13$39,751$49,930
28 M/C 14$42,113$52,677
29 M/C 15$44,456$55,522
30 M/C 16$46,962$58,483
31 M/C 17$49,625$61,708
32 M/C 18$49,889$61,908
33 M/C 19$52,565$65,126
34 M/C 20$55,244$68,393
35 M/C 21$58,224$71,925
36 M/C 22$61,353$75,704
37 M/C 23$64,498$80,583
38 M 1$69,617$87,998
39 M 2$77,208$97,593
40 M 3$85,690$108,285
41 M 4$94,776$119,605
42 M 5$105,235$132,957
43 M 6$116,517$146,555
44 M 7$128,433$159,063
45 M 8$108,287+
46 § 2. Subdivision 1 of section 19 of the correction law is REPEALED and
47 a new subdivision 1 is added to read as follows:
48 1. This section shall apply to each superintendent of a correctional
49 facility appointed on or after August ninth, nineteen hundred seventy-
50 five and any superintendent heretofore appointed who elects to be
51 covered by the provisions thereof by filing such election with the
52 commissioner.
53 a. The salary schedule for superintendents of a correctional facility
54 with an inmate population capacity of four hundred or more inmates shall
55 be as follows:
56 Effective April first, two thousand eleven:
S. 5846 18 A. 8513
1 Hiring RateJob Rate
2 $105,913$144,535
3 Effective April first, two thousand fourteen:
4 Hiring RateJob Rate
5 $108,031$147,426
6 Effective April first, two thousand fifteen:
7 Hiring RateJob Rate
8 $110,192$150,375
9 b. The salary schedule for superintendents of correctional facilities
10 with an inmate population capacity of fewer than four hundred inmates
11 shall be as follows:
12 Effective April first, two thousand eleven:
13 Hiring RateJob Rate
14 $82,363$104,081
15 Effective April first, two thousand fourteen:
16 Hiring RateJob Rate
17 $84,010$106,163
18 Effective April first, two thousand fifteen:
19 Hiring RateJob Rate
20 $85,690$108,286
21 § 3. Compensation for certain state officers and employees. 1. The
22 provisions of this section shall apply to the following full-time state
23 officers and employees:
24 (a) officers and employees whose positions are designated managerial
25 or confidential pursuant to article 14 of the civil service law;
26 (b) civilian state employees of the division of military and naval
27 affairs in the executive department whose positions are not in, or are
28 excluded from representation rights in, any recognized or certified
29 negotiating unit;
30 (c) officers and employees excluded from representation rights under
31 article 14 of the civil service law pursuant to rules or regulations of
32 the public employment relations board; and
33 (d) officers and employees whose salaries are prescribed by section 19
34 of the correction law.
35 2. For such officers and employees the following increases shall
36 apply:
37 (a) Effective April 1, 2014, the basic annual salary of officers and
38 employees to whom the provisions of this subdivision apply shall be
39 increased by two percent adjusted to the nearest whole dollar amount.
40 (b) Effective April 1, 2015, the basic annual salary of officers and
41 employees to whom the provisions of this subdivision apply shall be
42 increased by two percent adjusted to the nearest whole dollar amount.
43 3. (a) Effective April 1, 2013, for officers and employees to whom the
44 provisions of this subdivision apply, a lump sum payment of $775 shall
45 be made to each employee in such units in full-time employment status
46 who was (i) active on the effective date of this act and (ii) in contin-
47 uous service, as defined by paragraph (c) of subdivision 3 of section
48 130 of the civil service law, from that date until April 1, 2013. Such
49 lump sum shall be considered salary for final average salary retirement
50 purposes but shall not become part of basic annual salary. Notwithstand-
51 ing the foregoing provisions of this subdivision, officers and employees
52 who would have otherwise been eligible to receive such lump sum payment,
53 but who were not on the payroll on said April 1, 2013, shall be eligible
54 for said payment if they return to full-time employment status during
55 the fiscal year 2013-2014 without a break in continuous service.
S. 5846 19 A. 8513
1 (b) Effective April 1, 2014, for officers and employees to whom the
2 provisions of this subdivision apply, a lump sum payment of $225 shall
3 be made to each employee in such units in full-time employment status
4 who was (i) active on the effective date of this act and (ii) in contin-
5 uous service, as defined by paragraph (c) of subdivision 3 of section
6 130 of the civil service law, from that date until April 1, 2013. Such
7 lump sum shall be considered salary for final average salary retirement
8 purposes but shall not become part of basic annual salary.
9 4. If an unencumbered position is one that, if encumbered, would be
10 subject to the provisions of this section, the salary of such position
11 shall be increased by the salary increase amounts specified in this
12 section. If a position is created and is filled by the appointment of an
13 officer or employee who is subject to the provisions of this section,
14 the salary otherwise provided for such position shall be increased in
15 the same manner as though such position had been in existence but unen-
16 cumbered.
17 5. The increases in salary and the lump sum payment payable pursuant
18 to this section shall apply on a prorated basis in accordance with
19 guidelines issued by the director of the budget to officers and employ-
20 ees otherwise eligible to receive an increase in salary or the lump sum
21 payment pursuant to this act who are paid on an hourly or per diem
22 basis, employees serving on a part-time or seasonal basis, and employees
23 paid on any basis other than at an annual salary rate.
24 6. Notwithstanding any of the foregoing provisions of this section,
25 the provisions of this section shall not apply to the following except
26 as otherwise provided by law:
27 (a) officers or employees paid on a fee schedule basis;
28 (b) officers or employees whose salaries are prescribed by section 40,
29 60, or 169 of the executive law;
30 (c) officers or employees in collective negotiating units established
31 pursuant to article 14 of the civil service law.
32 7. Officers and employees to whom the provisions of this section apply
33 who are incumbents of positions that are not allocated to salary grades
34 specified in paragraph d of subdivision 1 of section 130 of the civil
35 service law and whose salary is not prescribed in any other statute
36 shall receive the salary increases and the lump sum payment specified in
37 subdivisions two and three of this section.
38 8. In order to provide for the officers and employees to whom this
39 section applies who are not allocated to salary grades performance
40 advancements, merit awards, longevity payments and in lieu payments, and
41 special achievement awards in proportion to those provided to persons to
42 whom this section applies who are allocated to salary grades, the direc-
43 tor of the budget is authorized to add appropriate adjustments to the
44 compensation that such officers and employees are otherwise entitled to
45 receive. The director of the budget shall issue certificates that shall
46 contain schedules of positions and the salaries or payments thereof for
47 which adjustments or payments are made pursuant to the provisions of
48 this subdivision, and a copy of each such certificate shall be filed
49 with the state comptroller, the department of civil service, the chair-
50 man of the senate finance committee and the chairman of the assembly
51 ways and means committee.
52 9. Notwithstanding any of the foregoing provisions of this section,
53 any increase in compensation for any officer or employee appointed to a
54 lower graded position from a redeployment list pursuant to subdivision 1
55 of section 79 of the civil service law who continues to receive his or
56 her former salary pursuant to such subdivision shall be determined on
S. 5846 20 A. 8513
1 the basis of such lower graded position provided, however, that the
2 increases in salary provided in subdivision two of this section shall
3 not cause such officer's or employee's salary to exceed the job rate of
4 any such lower graded position at salary grade.
5 10. Notwithstanding any of the foregoing provisions of this section or
6 of any law to the contrary, the director of the budget may reduce the
7 salary of any position which is vacant or which becomes vacant, so long
8 as the position, if encumbered, would be subject to the provisions of
9 this section. The director of the budget does not need to provide a
10 reason for such reduction.
11 § 4. Compensation for certain state officers and employees in the
12 division of state police. 1. The provisions of this section shall apply
13 to officers and employees whose salaries are provided for by paragraph
14 (a) of subdivision 1 of section 215 of the executive law.
15 2. (a) Effective April 1, 2014, the basic annual salary of officers
16 and employees to whom the provisions of this subdivision apply shall be
17 increased by two percent adjusted to the nearest whole dollar amount.
18 (b) Effective April 1, 2015, the basic annual salary of officers and
19 employees to whom the provisions of this subdivision apply shall be
20 increased by two percent adjusted to the nearest whole dollar amount.
21 3. (a) Effective April 1, 2013, for officers and employees to whom the
22 provisions of this subdivision apply, a lump sum payment of $775 shall
23 be made to each employee in such units in full-time employment status
24 who was (i) active on the effective date of this act and (ii) in contin-
25 uous service, as defined by paragraph (c) of subdivision 3 of section
26 130 of the civil service law, from that date until April 1, 2013. Such
27 lump sum shall be considered salary for final average salary retirement
28 purposes. Notwithstanding the foregoing provisions of this subdivision,
29 officers and employees who would have otherwise been eligible to receive
30 such lump sum payment, but who were not on the payroll on said April 1,
31 2013, shall be eligible for said payment if they return to full-time
32 employment status during the fiscal year 2013-2014 without a break in
33 continuous service.
34 (b) Effective April 1, 2014, for officers and employees to whom the
35 provisions of this subdivision apply, a lump sum payment of $225 shall
36 be made to each employee in such units in full-time employment status
37 who was (i) active on the effective date of this act and (ii) in contin-
38 uous service, as defined by paragraph (c) of subdivision 3 of section
39 130 of the civil service law, from that date until April 1, 2013. Such
40 lump sum shall be considered salary for final average salary retirement
41 purposes.
42 4. The increases in salary and the lump sum payments payable pursuant
43 to this section shall apply on a prorated basis in accordance with
44 guidelines issued by the director of the budget to officers and employ-
45 ees otherwise eligible to receive an increase in salary or the lump sum
46 payment pursuant to this act who are paid on an hourly or per diem
47 basis, employees serving on a part-time or seasonal basis, and employees
48 paid on any basis other than at an annual salary rate.
49 5. Notwithstanding any of the foregoing provisions of this section,
50 any increase in compensation for any officer or employee appointed to a
51 lower graded position from a redeployment list pursuant to subdivision 1
52 of section 79 of the civil service law who continues to receive his or
53 her former salary pursuant to such subdivision shall be determined on
54 the basis of such lower graded position provided, however, that the
55 increases in salary provided in subdivision two of this section shall
S. 5846 21 A. 8513
1 not cause such officer's or employee's salary to exceed the job rate of
2 any such lower graded position at salary grade.
3 § 5. Compensation for certain state employees in the state university
4 and certain employees of contract colleges at Cornell and Alfred univer-
5 sities.
6 1. Effective April 1, 2014 and April 1, 2015, the basic annual salary
7 of incumbents of positions in the professional service in the state
8 university that are designated, stipulated, or excluded from negotiating
9 units as managerial or confidential as defined pursuant to article 14 of
10 the civil service law, may be increased pursuant to plans approved by
11 the state university trustees. Such increases in basic annual salary
12 rates shall not exceed in the aggregate two percent of the total basic
13 annual salary rates in effect on March 31, 2014 and two percent of the
14 total basic annual salary rates in effect on March 31, 2015.
15 2. Effective April 1, 2014 and April 1, 2015, the basic annual salary
16 of incumbents of positions in the institutions under the management and
17 control of Cornell and Alfred universities as representatives of the
18 board of trustees of the state university that, in the opinion of the
19 director of employee relations, would be designated managerial or confi-
20 dential were they subject to article 14 of the civil service law may be
21 increased pursuant to plans approved by the state university trustees.
22 Such increases in basic annual salary rates shall not exceed in the
23 aggregate two percent of the total basic annual salary rates in effect
24 on March 31, 2014 and two percent of the total basic annual salary rates
25 in effect on March 31, 2015.
26 3. (a) (i) Effective April 1, 2013, the state university trustees, at
27 their discretion, may provide to incumbents of positions in the profes-
28 sional service in the state university that are designated, stipulated,
29 or excluded from negotiating units as managerial or confidential as
30 defined pursuant to article 14 of the civil service law, who was (I)
31 active on the effective date of this act and (II) in continuous service,
32 as defined by paragraph (c) of subdivision 3 of section 130 of the civil
33 service law, from that date until April 1, 2013, a non-recurring lump
34 sum payment in an amount not to exceed $775.
35 (ii) Effective April 1, 2014, the state university trustees, at their
36 discretion, may provide to incumbents of positions in the professional
37 service in the state university that are designated, stipulated, or
38 excluded from negotiating units as managerial or confidential as defined
39 pursuant to article 14 of the civil service law, who was (I) active on
40 the effective date of this act and (II) in continuous service, as
41 defined by paragraph (c) of subdivision 3 of section 130 of the civil
42 service law, from that date until April 1, 2013, a non-recurring lump
43 sum payment in an amount not to exceed $225.
44 (iii) Payments provided in this subdivision shall be in addition to
45 and shall not be a part of the employee's basic annual salary, provided,
46 however, that any amounts payable pursuant to this subdivision shall be
47 included as compensation for retirement purposes.
48 (b) (i) Effective April 1, 2013, Cornell and Alfred universities may
49 provide to incumbents of positions in the institutions under the manage-
50 ment and control of Cornell and Alfred universities as representatives
51 of the board of trustees of the state university that, in the opinion of
52 the director of employee relations, would be designated managerial or
53 confidential were they subject to article 14 of the civil service law,
54 who are (I) active on the effective date of this act and (II) in contin-
55 uous service, as defined by paragraph (c) of subdivision 3 of section
56 130 of the civil service law, from that date until April 1, 2013, a
S. 5846 22 A. 8513
1 non-recurring lump sum payment in an amount not to exceed $775, for
2 distribution in whole or in part by Cornell and Alfred universities, in
3 their discretion, with the approval of the state university trustees.
4 (ii) Effective April 1, 2014, Cornell and Alfred universities may
5 provide to incumbents of positions in the institutions under the manage-
6 ment and control of Cornell and Alfred universities as representatives
7 of the board of trustees of the state university that, in the opinion of
8 the director of employee relations, would be designated managerial or
9 confidential were they subject to article 14 of the civil service law,
10 who are (I) active on the effective date of this act and (II) in contin-
11 uous service, as defined by paragraph (c) of subdivision 3 of section
12 130 of the civil service law, from that date until April 1, 2013, a
13 non-recurring lump sum payment in an amount not to exceed $225, for
14 distribution in whole or in part by Cornell and Alfred universities, in
15 their discretion, with the approval of the state university trustees.
16 (iii) Payments provided in this subdivision shall be in addition to
17 and shall not be a part of the employee's basic annual salary, provided,
18 however, that any amounts payable pursuant to this subdivision shall be
19 included as compensation for retirement purposes.
20 4. During the period April 1, 2014 through March 31, 2016, the basic
21 annual salary of incumbents of positions in the non-professional service
22 that, in the opinion of the director of employee relations, would be
23 designated managerial or confidential were they subject to article 14 of
24 the civil service law, except those positions in the Cornell service and
25 maintenance unit that are subject to the terms of a collective bargain-
26 ing agreement between Cornell university and the employee organization
27 representing employees in such positions and except those positions in
28 the Alfred service and maintenance unit that are subject to the terms of
29 a collective bargaining agreement between Alfred university and the
30 employee organization representing employees in such positions, in
31 institutions under the management and control of Cornell and Alfred
32 universities as representatives of the board of trustees of the state
33 university may be increased pursuant to plans approved by the state
34 university trustees. Such plans may include new salary schedules which
35 shall supersede the salary schedules then in effect applicable to such
36 employees. Such plans shall provide for increases in basic annual sala-
37 ries, which, exclusive of performance advancement payments or merit
38 recognition payments, shall not exceed in the aggregate two percent of
39 the total basic annual salary rates in effect on March 31, 2014 and two
40 percent of the total basic annual salary rates in effect on March 31,
41 2015.
42 5. For the purposes of this section, the basic annual salary of an
43 employee is that salary that is obtained through direct appropriation of
44 state moneys for the purpose of paying wages. Nothing in this part shall
45 prevent increasing amounts paid to incumbents of such positions in the
46 professional service in addition to the basic annual salary, provided,
47 however, that the amounts required for such increase and the cost of
48 fringe benefits attributable to such increase, as determined by the
49 comptroller, are made available to the state in accordance with the
50 procedures established by the state university, with the approval of the
51 director of the budget, for such purposes.
52 § 6. Location compensation for certain state officers and employees.
53 1. This section shall apply to all full-time annual salaried state
54 officers and employees and non annual salaried seasonal state officers
55 and employees except the following:
S. 5846 23 A. 8513
1 (a) officers and employees of the legislature and the judiciary,
2 including officers and employees of boards, bodies and commissions that
3 are deemed to be part of the legislature or judiciary for the purposes
4 of section 49 of the state finance law;
5 (b) officers and employees whose salaries are prescribed by or deter-
6 mined in accordance with section 40, 60, 169, 215, or 216 of the execu-
7 tive law;
8 (c) incumbents of allocated or unallocated positions in the profes-
9 sional service in the state university and in institutions under the
10 management and control of Cornell and Alfred universities as represen-
11 tatives of the board of trustees of the state university;
12 (d) officers and employees who are in recognized or certified collec-
13 tive negotiating units pursuant to article 14 of the civil service law.
14 2. Notwithstanding the provisions of section 15 of chapter 333 of the
15 laws of 1969, as amended, officers and employees subject to this section
16 whose principal place of employment or, in the case of field employees,
17 whose official station as determined in accordance with the regulations
18 of the comptroller is located:
19 (a) in the county of Monroe and who were eligible to receive location
20 pay on March 31, 1985, shall receive location pay at the rate of two
21 hundred dollars per year provided they continue to be otherwise eligi-
22 ble.
23 (b) in the city of New York, or in the county of Rockland, Westches-
24 ter, Nassau, or Suffolk shall continue to receive a downstate adjustment
25 at the rate of three thousand twenty-six dollars effective October 1,
26 2008.
27 (c) in the county of Dutchess, Orange, or Putnam shall continue to
28 receive a mid-Hudson adjustment at the rate of one thousand five hundred
29 thirteen dollars effective October 1, 2008. Such location payments
30 shall be in addition to and shall not be a part of an employee's basic
31 annual salary, and shall not affect or impair any advancements or other
32 rights or benefits to which an employee may be entitled by law,
33 provided, however, that location payments shall be included as compen-
34 sation for purposes of computation of overtime pay and for retirement
35 purposes. For the sole purpose of continuing eligibility for location
36 pay in Monroe county, an employee previously eligible to receive
37 location pay on March 31, 1985 who is on an approved leave of absence or
38 participates in an employer program to reduce to part-time service
39 during summer months shall continue to be eligible for said location pay
40 upon return to full-time state service in Monroe county.
41 § 7. Continuation of location compensation for certain officers and
42 employees of the Hudson Valley developmental disabilities services
43 office. 1. Notwithstanding any law, rule or regulation to the contrary,
44 any officer or employee of the Hudson Valley developmental disabilities
45 services office not represented in collective negotiating units estab-
46 lished pursuant to article 14 of the civil service law who is receiving
47 location pay pursuant to section 5 of chapter 174 of the laws of 1993
48 shall continue to receive such location pay under the conditions and at
49 the rates specified by such section.
50 2. Notwithstanding section seven of this act or any other law, rule or
51 regulation to the contrary, any officer or employee of the Hudson Valley
52 developmental disabilities services office not represented in collective
53 negotiating units established pursuant to article 14 of the civil
54 service law who is receiving location pay pursuant to said section seven
55 of this act shall continue to be eligible for such location pay if such
56 officer's or employee's principal place of employment is changed to a
S. 5846 24 A. 8513
1 location outside of the county of Rockland as the result of a reduction
2 or redeployment of staff, provided, however, that such officer or
3 employee is reassigned to or otherwise appointed or promoted to a
4 different position at another work location within such Hudson Valley
5 developmental disabilities services office located outside of the county
6 of Rockland. The rate of such continued location pay shall not exceed
7 the rate such officer or employee is receiving on the date of such reas-
8 signment, appointment, or promotion.
9 § 8. Overtime meal allowance. Notwithstanding any other provision of
10 law to the contrary, individuals in positions in the classified service
11 of the state of New York designated managerial or confidential pursuant
12 to article 14 of the civil service law, shall continue to receive,
13 effective April 1, 2011, an overtime meal allowance in the amount of
14 $5.50 pursuant to eligibility guidelines developed by the director of
15 employee relations.
16 § 9. Notwithstanding any provision of law to the contrary, the appro-
17 priations contained in this act shall be available to the state for the
18 payment of grievance settlements and awards pursuant to executive order
19 42, dated October 14, 1970, and title 9, part 560, official compilation
20 of codes, rules and regulations of the state of New York.
21 § 10. Use of appropriations. The comptroller is authorized to pay any
22 amounts required during the fiscal years commencing April 1, 2011 by the
23 foregoing provisions of this act for any state department or agency from
24 any appropriation or other funds available to such state department or
25 agency for personal service or for other related employee benefits
26 during such fiscal year. To the extent that such appropriations in any
27 fund are insufficient to accomplish the purposes herein set forth, the
28 director of the budget is authorized to allocate to the various depart-
29 ments and agencies, from any appropriations available in any fund, the
30 amounts necessary to pay such amounts.
31 § 11. Effect of participation in special annuity program. No officer
32 or employee participating in a special annuity program pursuant to the
33 provision of article 8-C of the education law shall, by reason of an
34 increase in compensation pursuant to this act, suffer any reduction of
35 the salary adjustment to which that employee would otherwise be entitled
36 by reason of participation in such program, and such salary adjustment
37 shall be based upon the salary of such officer or employee without
38 regard to the reduction authorized by such article.
39 § 12. Date of entitlement to salary increase. Notwithstanding the
40 provisions of this act or of any other law, the increase in salary or
41 compensation of any officer or employee provided by this act shall be
42 added to the salary or compensation of such officer or employee at the
43 beginning of that payroll period the first day of which is nearest to
44 the effective date of such increase as provided in this act, or at the
45 beginning of the earlier of two payroll periods the first days of which
46 are nearest but equally near to the effective date of such increase as
47 provided in this act, provided, however, that for the purposes of deter-
48 mining the salary of such officer or employee upon reclassification,
49 reallocation, appointment, promotion, transfer, demotion, reinstatement
50 or other change of status, such salary increase shall be deemed to be
51 effective on the date thereof as prescribed in this act, and the payment
52 thereof pursuant to this section on a date prior thereto, instead of on
53 such effective date, shall not operate to confer any additional salary
54 rights or benefits on such officer or employee.
55 § 13. 1. Notwithstanding the provisions of any other section of this
56 act or any other provision of law to the contrary, any increase in
S. 5846 25 A. 8513
1 compensation, including any lump sum payment, provided: (a) in this act,
2 or (b) as a result of a promotion, appointment, or advancement to a
3 position in a higher salary grade, or (c) pursuant to paragraph (c) of
4 subdivision 6 of section 131 of the civil service law, or (d) pursuant
5 to paragraph (b) of subdivision 8 of section 130 of the civil service
6 law, or (e) pursuant to paragraph (a) of subdivision 3 of section 13 of
7 chapter 732 of the laws of 1988, as amended, may be withheld in whole or
8 in part from any officer or employee when, in the opinion of the direc-
9 tor of the budget, such withholding is necessary to reflect the job
10 performance of such officer or employee, or to maintain appropriate
11 salary relationships among officers or employees of the state, or to
12 reduce state expenditures to acceptable levels or when, in the opinion
13 of the director of the budget, such increase is not warranted or is not
14 appropriate.
15 2. Notwithstanding the provisions of any other section of this act,
16 the salary increases and lump sum payments provided for in this act
17 shall not be implemented until the director of the budget delivers
18 notice to the comptroller that such amounts may be paid.
19 3. Notwithstanding the provisions of any other section of this act or
20 any other provisions of law, for state officers and employees in the
21 executive branch who are in positions which are not in collective nego-
22 tiating units, the director of the budget shall have the authority to
23 devise and implement a plan to reduce the basic annual salary, hourly
24 rate or per diem of any such employee for the time and by the rate
25 established by such plan for the time period specified in such plan.
26 Such plan shall contain salary schedules appropriate for the plan and
27 such other provisions necessary for the implementation and continued
28 execution of the plan for the period established by the plan. After the
29 cessation of such plan, the salary, rate or per diem shall be restored
30 to the amount in effect immediately before the commencement of such
31 plan.
32 § 14. The several amounts as hereinafter set forth, or so much thereof
33 as may be necessary, are hereby appropriated from the fund so designated
34 for use by any state department or agency for the fiscal year beginning
35 April 1, 2011 to supplement appropriations from each respective fund
36 available for personal service, other than personal service and fringe
37 benefits, and to carry out the provisions of this act. No money shall be
38 available for expenditure from this appropriation until a certificate of
39 approval has been issued by the director of the budget and a copy of
40 such certificate or any amendment thereto has been filed with the state
41 comptroller, the chairman of the senate finance committee and the chair-
42 man of the assembly ways and means committee.
43 ALL STATE DEPARTMENTS AND AGENCIES
44 SPECIAL PAY BILLS
45 General Fund / State Operations
46 State Purposes Account - 003
S. 5846 26 A. 8513
1 Nonpersonal Service
2 Family benefits ................................ 310,000
3 Medical flexible spending account ............... 500,000
4 Pre-tax transportation benefit ................... 550,000
5 Management training ............................ 1,018,000
6 Uniform allowance ................................ 245,000
7 Tuition reimbursement ............................ 250,000
8 M/C share of negotiated programs ................. 570,000
9 § 15. This act shall take effect immediately and shall be deemed to
10 have been in full force and effect on and after April 1, 2011. Appropri-
11 ations made by this act shall remain in full force and effect for
12 liabilities incurred through March 31, 2012.
REPEAL NOTE.--Paragraph d of subdivision 1 of section 130 of the civil
service law, repealed by section one of this act, provided salary sched-
ules for state employees designated managerial and confidential pursuant
to article 14 of the civil service law and is replaced by revised salary
schedules in a new paragraph d.
13 Subdivision 1 of section 19 of the correction law, repealed by section
14 two of this act, provided salary schedules for superintendents of
15 correctional facilities and is replaced by revised salary schedules in a
16 new subdivision 1.
17 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
18 sion, section or part contained in any part of this act shall be
19 adjudged by any court of competent jurisdiction to be invalid, such
20 judgment shall not affect, impair, or invalidate the remainder thereof,
21 but shall be confined in its operation to the clause, sentence, para-
22 graph, subdivision, section or part contained in any part thereof
23 directly involved in the controversy which such judgment shall have been
24 rendered. It is hereby declared to be the intent of the legislature that
25 this act would have been enacted even if such invalid provisions had not
26 been included herein.
27 § 3. This act shall take effect immediately provided, however, that
28 the applicable effective date for Parts A through B of this act shall be
29 as specifically set forth in the last section of such Part.
