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A07783 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7783
 
SPONSOR: Abbate
  TITLE OF BILL: An act to amend the civil service law, in relation to geographic pay differentials for state employees   PURPOSE: To mandate geographic pay differentials which match the federal locality pay adjustments on an annual basis.   SUMMARY OF PROVISIONS: Section 1. Adds a new subdivision 7 to section 130 of the civil service law. This subdivision requires the Director of the Civil Service Commis- sion to match the federal locality pay adjustment by April 1 of each year. Section 2. Effective date.   JUSTIFICATION: New York is a very diverse state and regions across the state have vari- ous cost of living differences. Housing, food, or fuel costs can vary greatly from Long Island to Buffalo or Binghamton to Plattsburgh. In recognition of the foregoing, the federal government has established set pay differentials for the varied regions of the state. This bill would simply require the state to follow the federal standard and make equita- ble geographic pay differentials. Using an existing federal standard for federal employees is a sound policy for New York to follow for its employees as well.   LEGISLATIVE HISTORY: New bill for 2017 session.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: On the sixtieth day after it shall have become a law.
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A07783 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7783
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 15, 2017
                                       ___________
 
        Introduced by M. of A. ABBATE -- read once and referred to the Committee
          on Governmental Employees
 
        AN  ACT  to  amend  the civil service law, in relation to geographic pay
          differentials for state employees
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 7 of section 130 of the civil service law, as
     2  amended by chapter 74 of the  laws  of  2000,  is  amended  to  read  as
     3  follows:
     4    7.  Geographic  pay  differentials.  [Whenever the director finds that
     5  under community wage practices in private or other public employment  in
     6  one or more areas or locations, wage rates of employees in a given occu-
     7  pation  are  substantially higher than the wage rates paid by the state,
     8  he may, subject to the approval of the director of the budget, authorize
     9  a pay differential to be added as an adjustment to the hiring rate,  the
    10  job  rate  and the longevity steps of the salary grade or grades for the
    11  same or related occupations in  the  state  service  in  such  areas  or
    12  locations.    A  pay  differential  under  this  subdivision  shall be a
    13  percentage or a fixed dollar amount as prescribed in each  case  by  the
    14  director  of  the  classification  and  compensation division subject to
    15  approval of the director of the budget. Such differentials shall be paid
    16  to employees whose basic annual salary is at or below the unadjusted job
    17  rate of the salary grade or at or below the unadjusted longevity step of
    18  the salary grade to which the employees are entitled based on the crite-
    19  ria specified in subdivision three  of  this  section.  Those  employees
    20  whose basic annual salary is above the unadjusted job rate for the sala-
    21  ry  grade  and who are not entitled to be paid at a longevity step shall
    22  receive a portion of the differential sufficient to increase their sala-
    23  ry to the adjusted job rate. Those employees whose basic  annual  salary
    24  is  above the unadjusted longevity step to which they are entitled shall
    25  receive a portion of the differential sufficient to increase their sala-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11549-02-7

        A. 7783                             2

     1  ry to such longevity step as adjusted by the differential. Such  differ-
     2  entials  shall  be in addition to and shall not be part of an employee's
     3  basic annual salary, and shall not  affect  or  impair  any  performance
     4  advancement  payments,  performance  awards, longevity payments or other
     5  rights or benefits to which  an  employee  may  be  entitled  under  the
     6  provisions  of  this  chapter,  provided, however, that any differential
     7  payable pursuant to this subdivision shall be included  as  compensation
     8  for  retirement purposes. A pay differential shall be terminated for any
     9  employee when he ceases to be employed  in  the  position,  or  area  or
    10  location for which such pay differential was authorized. A pay differen-
    11  tial  shall  remain  in  effect  until terminated by the director of the
    12  classification and compensation division, with the consent of the direc-
    13  tor of the budget or until a new pay differential is authorized pursuant
    14  to this subdivision. The director of the budget  may  adopt  such  regu-
    15  lations  as  he  may  deem necessary to carry out the provisions of this
    16  subdivision. Employees who on April first, nineteen hundred seventy-nine
    17  are receiving additional compensation as a result of a previous determi-
    18  nation to authorize a geographic area pay differential shall continue to
    19  receive such additional compensation while employed in the position  for
    20  which  such  differential  was authorized.] By April first of each year,
    21  the director shall implement geographic pay differentials  identical  to
    22  the locality pay adjustments of the federal government which take effect
    23  on or about January first of that year.
    24    §  2.  This  act  shall take effect on the sixtieth day after it shall
    25  have become a law.
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