NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8813
SPONSOR: Farrell TITLE OF BILL: An act to amend the civil service law and the
correction law, in relation to compensation and other terms and condi-
tions of employment of certain state officers and employees and to
repeal certain provisions of such laws relating thereto
PURPOSE:
This bill would provide managerial or confidential employees of New York
State salary and other benefits that were originally provided in Chapter
10 of the Laws of 2008 but subsequently such benefits were administra-
tively withheld by the Executive for fiscal years 2009 and 2010. Such
restoration would be prospective front April 1, 2014 forward.
SUMMARY OF PROVISIONS:
Section 1 of the bill enacts legislation necessary to implement changes
to salary and benefits of certain state officers and employees excluded
from collective bargaining units.
Section 2 of the bill would provide for the restoration of pay raises
equal to the percentage pay raises withheld in 2009 and 2010 by the
Executive while also including the pay raises provided for in 2014-2015
and 2015-2016 in the current statute.
Section 3 of the bill would provide for the restoration of pay raises
equal to the percentage pay raises withheld in 2009 and 2010 by the
Executive while also including the pay raises provided for in 2014-2015
and 2015-2016 in the current statute for certain state officers and
employees not otherwise covered by section 2 of this chapter.
Section 4 of the bill would provide for an immediate effective date and
shall be deemed to have been in full force and effect on and after April
1, 2014.
JUSTIFICATION:
Salary increases, pursuant to Chapter 10 of the Laws of 2008, for mana-
gerial or confidential employees of the state were administratively
withheld in 2009 and 2010. As a result, managerial or confidential
employee salaries have become an increasing subject of controversy in
recent years. Moreover, the absence of a pay increase has produced legal
challenges and threatens the entire pay structure established in Article
8 of the civil service law. In fact, some managerial or confidential
employees make less than those they supervise while others make less
than their union-represented counterparts at the same grade level.
Unlike the states unionized workforce, managerial or confidential
employees are prohibited from collectively bargaining increases in
compensation and are not contractually protected.
As a result, there are an increasing number of state employees across
the state that are turning down promotions or seeking demotions as such
a promotion or current M/C status results in significantly less pay than
that of a unionized employee.
In addition, as a result of the administrative withholding of M/C pay
raises in 2009 and 2010, as well as the non-negotiated pay schedules
contained in the 2011-2016 PayBill, enacted at the end of the 2011
Legislative Session, M/C employees, have not received a raise for 5
consecutive years as of 3/31/2014.
This bill would address the issue by restoring the withheld salary on a
prospective basis. More importantly, these proper salary levels will
ensure the State's ability to continue to promote, recruit and hire
qualified managers through this restoration of equity in the salary
schedules.
LEGISLATIVE HISTORY:
New legislation
FISCAL IMPLICATIONS:
The cost to the State to restore these withheld benefits would be
approximately $63.5 million above the current Executive budget proposal.
This figure includes increased payments to the appropriate public
pension systems.
It should be noted that since the 2009 and 2010 withholdings were done
because of large state deficits that it is only fair these amounts
should be restored in this year because of the surplus that is antic-
ipated by close of business for fiscal year 2013-2014. It is estimated
that the State has saved in excess of $500 million since April, 2009 due
to this withholding and delay of M/C salary increases and performance
advances (steps).
EFFECTIVE DATE:
This bill would take effect immediately upon enactment.
STATE OF NEW YORK
________________________________________________________________________
8813
IN ASSEMBLY
February 14, 2014
___________
Introduced by M. of A. FARRELL -- read once and referred to the Commit-
tee on Governmental Employees
AN ACT to amend the civil service law and the correction law, in
relation to compensation and other terms and conditions of employment
of certain state officers and employees and to repeal certain
provisions of such laws relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative intent. This act enacts into law legislation
2 necessary to implement changes to salary and benefits for certain state
3 officers and employees excluded from collective negotiating units.
4 § 2. Paragraph d of subdivision 1 of section 130 of the civil service
5 law is REPEALED and a new paragraph d is added to read as follows:
6 d. Salary grades for positions in the competitive, non-competitive and
7 labor classes of the classified service of the state of New York desig-
8 nated managerial or confidential pursuant to article fourteen of this
9 chapter, shall be as follows on the effective dates indicated:
10 SALARIES AND BENEFITS FOR CERTAIN STATE
11 OFFICERS AND EMPLOYEES EXCLUDED FROM
12 COLLECTIVE NEGOTIATING UNITS FOR 2014-2016
13 (1) Effective April first, two thousand fourteen:
14 GRADEHIRING RATEJOB RATEPERFORMANCE
15 ADVANCE
16 M/C 3$24,635$31,495$1,143
17 M/C 4$25,722$32,923$1,200
18 M/C 5$27,267$34,521$1,209
19 M/C 6$28,423$36,291$1,311
20 M/C 7$30,062$38,256$1,366
21 M/C 8$31,713$40,229$1,419
22 M/C 9$33,523$42,368$1,474
23 M/C 10$35,330$44,718$1,565
24 M/C 11$37,473$47,202$1,622
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13931-01-4
A. 8813 2
1 M/C 12$39,451$49,677$1,704
2 M/C 13$41,747$52,436$1,782
3 M/C 14$44,226$55,321$1,849
4 M/C 15$46,686$58,309$1,937
5 M/C 16$49,319$61,418$2,017
6 M/C 17$52,116$64,806$2,115
7 M/C 18$52,394$66,494$2,350
8 M/C 19$55,204$70,010$2,468
9 M/C 20$58,018$73,518$2,583
10 M/C 21$61,147$77,379$2,705
11 M/C 22$64,433$81,415$2,830
12 M/C 23$67,735$85,633$2,983
13 M 1$73,112$94,833$3,620
14 M 2$81,083$102,838$3,626
15 M 3$89,992$113,720$3,955
16 M 4$99,534$125,609$4,346
17 M 5$110,517$139,631$4,852
18 M 6$122,365$153,912$5,258
19 M 7$134,880$167,047$5,361
20 M 8$113,722+
21 (2) Effective April first, two thousand fifteen:
22 GRADEHIRING RATEJOB RATEPERFORMANCE
23 ADVANCE
24 M/C 3$25,128$32,1251,166
25 M/C 4$26,236$33,5811,224
26 M/C 5$27,812$35,2111,233
27 M/C 6$28,991$37,0171,338
28 M/C 7$30,663$39,0211,393
29 M/C 8$32,347$41,0341,448
30 M/C 9$34,193$43,2151,504
31 M/C 10$36,037$45,6121,596
32 M/C 11$38,222$48,1461,654
33 M/C 12$40,240$50,6711,739
34 M/C 13$42,582$53,4851,817
35 M/C 14$45,111$56,4271,886
36 M/C 15$47,620$59,4751,976
37 M/C 16$50,305$62,6462,057
38 M/C 17$53,158$66,1022,157
39 M/C 18$53,442$67,8242,397
40 M/C 19$56,308$71,4102,517
41 M/C 20$59,178$74,9882,635
42 M/C 21$62,370$78,9272,760
43 M/C 22$65,722$83,0432,887
44 M/C 23$69,090$87,3463,043
45 M 1$74,574$96,7303,693
46 M 2$82,705$104,8953,698
47 M 3$91,792$115,9944,037
48 M 4$101,525$128,1214,433
49 M 5$112,727$142,4244,950
50 M 6$124,812$156,9905,363
51 M 7$137,578$170,3885,468
52 M 8$115,996+
53 § 3. Subdivision 1 of section 19 of the correction law is REPEALED and a
54 new subdivision 1 is added to read as follows:
A. 8813 3
1 1. This section shall apply to each superintendent of a correctional
2 facility appointed on or after August ninth, nineteen hundred seventy-
3 five and any superintendent heretofore appointed who elects to be
4 covered by the provisions thereof by filing such election with the
5 commissioner.
6 a. The salary schedule for superintendents of a correctional facility
7 with an inmate population capacity of four hundred or more inmates shall
8 be as follows:
9 Effective April first, two thousand fourteen:
10 Hiring Rate Job Rate
11 $115,723$157,923
12 Effective April first, two thousand fifteen:
13 Hiring Rate Job Rate
14 $118,037$161,081
15 b. The salary schedule for superintendents of correctional facilities
16 with an inmate population capacity of fewer than four hundred inmates
17 shall be as follows:
18 Effective April first, two thousand fourteen:
19 Hiring Rate Job Rate
20 $89,992$113,721
21 Effective April first, two thousand fifteen:
22 Hiring Rate Job Rate
23 $91,792$115,995
24 § 4. This act shall take effect immediately and shall be deemed to have
25 been in full force and effect on and after April 1, 2014.
