Rpld §130 sub 1 ¶¶f & g, amd §130, Civ Serv L; amd §207-a, St Fin L
Implements the provisions of a collective bargaining agreement binding the state of New York and the New York State Correctional Officers and Police Benevolent Association, Inc. ("NYSCOPBA"), representing members of the collective negotiating unit designated as the Security Services Unit for the period covering April 1, 2023 through March 31, 2025.
STATE OF NEW YORK
________________________________________________________________________
10526
IN ASSEMBLY
June 2, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A.
Pheffer Amato) -- (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, benefits and other terms and conditions of
employment of certain state officers and employees who are members of
the security services collective negotiating unit; authorizing funding
of joint labor-management committees; implementing an agreement
between the state and an employee organization; making an appropri-
ation therefor; and to repeal certain provisions of the civil service
law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs f and g of subdivision 1 of section 130 of the
2 civil service law are REPEALED and a new paragraph f is added to read as
3 follows:
4 f. Effective on the dates indicated, salary grades for all positions
5 in the competitive, non-competitive, and labor classes of the classified
6 service of the state of New York in the collective negotiating unit
7 designated as the security services collective negotiating unit estab-
8 lished pursuant to article fourteen of this chapter shall be as follows:
9 (1) Effective April sixth, two thousand twenty-three for those offi-
10 cers and employees on the institution payroll and effective March thir-
11 tieth, two thousand twenty-three, for those officers and employees on
12 the administration payroll.
13 Perf.Perf.Perf.Perf.Perf.
14 Ad-Ad-Ad-Ad-Ad-
15 Hir-vancevancevancevancevance
16 ingStepStepStepStepStepJobPerf.
17 SGRate12345RateAdv.
18 1306793187433069342643545936654378491195
19 2317173297634235354943675338012392711259
20 3331673448035793371063841939732410451313
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12036-01-4
A. 10526 4
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4 22115216120226126367131919
5 23120679125843132113137816
6 24126639131989138428144320
7 25133245138829145462151583
8 (3) Effective April third, two thousand twenty-five for those officers
9 and employees on the institution payroll and effective March twenty-
10 eighth, two thousand twenty-five, for those officers and employees on
11 the administration payroll.
12 Perf.Perf.Perf.Perf.Perf.
13 Ad-Ad-Ad-Ad-Ad-
14 Hir-vancevancevancevancevance
15 ingStepStepStepStepStepJobPerf.
16 SGRate12345RateAdv.
17 1325473381535083363513761938887401551268
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41 251085891122761159631196501233371270241307113687
42 Max
43 10 Yr.15 Yr.20 Yr.25 Yr.
44 LongLongLongLong
45 SGStepStepStepStep
46 142391443594791250439
47 244030461134976652405
48 346013481825191054639
49 448247503575417956845
50 550269526705659959561
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A. 10526 5
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15 23124298129617136075141949
16 24130438135949142581148650
17 25137240142992149824156128
18 § 2. Subdivision 2 of section 207-a of the state finance law, as
19 amended by section 3 of part C of chapter 24 of the laws of 2019, is
20 amended to read as follows:
21 2. Where and to the extent that an agreement between the state and an
22 employee organization entered into pursuant to article fourteen of the
23 civil service law or an interest arbitration award issued pursuant to
24 subdivision four of section two hundred nine of the civil service law
25 between the state and an employee organization so provides on behalf of
26 employees in the collective negotiating unit designated as the security
27 services unit established pursuant to article fourteen of the civil
28 service law, and upon audit and warrant of the comptroller, the director
29 shall provide for the payment of moneys to such employee organization
30 for the establishment and maintenance of an employee benefit fund estab-
31 lished by the employee organization for the employees in the negotiating
32 unit covered by the controlling provision of such agreement or award
33 providing for such employee benefit fund, such amount to be determined
34 consistent with said agreement or award [on the basis of the number of
35 full-time annual salaried employees,] as determined [by the comptroller,
36 on the payroll on the last day of the payroll period in which March
37 first, two thousand sixteen, falls for payments to be made on April
38 first, two thousand sixteen, on the last day of the payroll period in
39 which March first, two thousand seventeen falls for payments to be made
40 on April first, two thousand seventeen, on the last day of the payroll
41 period in which March first, two thousand eighteen falls for payments to
42 be made on April first, two thousand eighteen, on the last day of the
43 payroll period in which March first, two thousand nineteen falls for
44 payments to be made on April first, two thousand nineteen, on the last
45 day of the payroll period in which March first, two thousand twenty
46 falls for payments to be made on April first, two thousand twenty, on
47 the last day of the payroll period in which March first, two thousand
48 twenty-one falls for payments to be made on April first, two thousand
49 twenty-one and, on the last day of the payroll period in which March
50 first, two thousand twenty-two falls for payments to be made on April
51 first, two thousand twenty-two] in accordance with the contractual meth-
52 odology for the following state fiscal years: fiscal year two thousand
53 twenty-three--two thousand twenty-four, fiscal year two thousand twen-
54 ty-four--two thousand twenty-five and fiscal year two thousand twenty-
55 five--two thousand twenty-six. The amount, which will be determined
A. 10526 6
1 pursuant to this section, for employees who are paid from special or
2 administrative funds, other than the general fund or the capital
3 projects fund of the state, will be paid from the appropriations as
4 provided by law, in which case the comptroller will establish procedures
5 to ensure repayment from said special or administrative funds. The
6 director may enter into an agreement with an employee organization which
7 sets forth the specific terms and conditions for the establishment and
8 administration of an employee benefit fund as a condition for the trans-
9 mittal of moneys pursuant to this section.
10 § 3. Compensation for certain members of the collective negotiating
11 unit designated as the security services collective negotiating unit
12 pursuant to an agreement between the state of New York and the employee
13 organization representing such individuals. 1. The provisions of this
14 section shall apply to full-time annual salaried officers and employees
15 in the collective negotiating unit designated as the security services
16 collective negotiating unit established pursuant to article 14 of the
17 civil service law (hereinafter "security services unit").
18 2. Effective April 1, 2023, the basic annual salary of members of the
19 security services unit who are in full-time annual salaried employment
20 status on March 31, 2023, shall be increased by three percent.
21 3. Effective April 1, 2024, the basic annual salary of members of the
22 security services unit who are in full-time annual salaried employment
23 status on March 31, 2024, shall be increased by three percent.
24 4. Effective April 1, 2025, the basic annual salary of members of the
25 security services unit who are in full-time annual salaried employment
26 status on March 31, 2025, shall be increased by three percent.
27 5. Payments pursuant to the provisions of subdivision 6 of section 131
28 of the civil service law for annual-salaried members of the security
29 services unit who are entitled to such payments shall be payable pursu-
30 ant to the terms of an agreement between the state of New York and an
31 employee organization representing employees subject to the provisions
32 of this section entered into pursuant to article 14 of the civil service
33 law.
34 6. Pursuant to the terms of the agreement covering members of the
35 security services unit for such unit members who are on the institu-
36 tional or administrative payroll, the ten-year, the fifteen-year, the
37 twenty-year and the twenty-five-year longevity step payment for such
38 unit members to whom the provisions of this section apply shall be that
39 amount prescribed by paragraph f of subdivision 1 of section 130 of the
40 civil service law, as added by section one of this act.
41 7. Notwithstanding any of the foregoing provisions of this section, if
42 the basic annual salary of such annual salaried unit members to whom the
43 provisions of this section apply is identical with the hiring rate,
44 performance advance step one, two, three, four, or five, the job rate,
45 the ten-year longevity step, the fifteen-year longevity step, the twen-
46 ty-year longevity step, or the twenty-five-year longevity step of the
47 salary grade of their position on the effective dates of the increases
48 provided by this section, respectively, for such unit members to whom
49 the provisions of this section apply on the institutional or administra-
50 tive payroll, such basic annual salary shall be increased to the hiring
51 rate, performance advance step one, two, three, four or five, the job
52 rate, the ten-year longevity step, the fifteen-year longevity step, the
53 twenty-year longevity step or the twenty-five-year longevity step of
54 such salary grade as contained in paragraph f of subdivision 1 of
55 section 130 of the civil service law, as added by section one of this
56 act, to take effect on the dates provided in paragraph f of subdivision
A. 10526 7
1 1 of section 130 of the civil service law, as added by section one of
2 this act. The increases in basic annual salary provided by this subdivi-
3 sion shall be in lieu of any increase in basic annual salary provided
4 for in subdivisions 2, 3 and 4 of this section.
5 8. If an unencumbered position is one, which if encumbered, would be
6 subject to the provisions of this section, the salary of such position
7 shall be increased by the salary increase amounts specified in this
8 section. If a position is created and is filled by the appointment of
9 such unit members to whom the provisions of this section apply, the
10 salary otherwise provided for such position shall be increased in the
11 same manner as though such position had been in existence but unencum-
12 bered. Notwithstanding the provisions of this section, the director of
13 the division of the budget may reduce the salary of any such position,
14 which is or becomes vacant.
15 9. The increases in salary payable pursuant to this section shall
16 apply on a prorated basis to officers and employees, otherwise eligible
17 to receive an increase in salary pursuant to this section, who are paid
18 on an hourly or per diem basis, who are employees serving on a part-time
19 or seasonal basis, or who are employees paid on any basis other than at
20 an annual salaried rate; except that the provisions of subdivisions 5, 6
21 and 7 of this section shall not apply to employees serving on an hourly,
22 per diem, or seasonal basis, except as determined by the director of the
23 budget.
24 10. Notwithstanding any other provision of this section, the
25 provisions of this section shall not apply to officers or employees paid
26 on a fee schedule basis.
27 11. In order to provide for the officers and employees to whom this
28 section applies who are not allocated to salary grades, performance
29 advancements and payments in proportion to those provided to persons to
30 whom this section applies who are allocated to salary grades, the direc-
31 tor of the budget is authorized to add appropriate adjustments to the
32 compensation which such officers and employees are otherwise entitled to
33 receive. The director of the budget shall issue certificates which shall
34 contain schedules of positions and the salaries thereof for which
35 adjustments are made pursuant to the provisions of this subdivision, and
36 a copy of each such certificate shall be filed with the state comp-
37 troller, the department of civil service, the chair of the senate
38 finance committee and the chair of the assembly ways and means commit-
39 tee.
40 12. Notwithstanding any of the foregoing provisions of this section,
41 any increase in compensation may be withheld in whole or in part from
42 any such unit members to whom the provisions of this section apply when,
43 in the opinion of the director of the division of the budget and the
44 director of employee relations, such increase is not warranted or is not
45 appropriate for any reason.
46 § 4. Additional compensation for certain members of the security
47 services unit who are in full-time annual salaried employment status and
48 who are ineligible for interest arbitration, in recognition of pre-shift
49 briefing. 1. In recognition of the general requirement for full-time
50 employees of the state in the security services unit to assemble for
51 briefing prior to the commencement of duties, where and to the extent an
52 agreement so provides, each such employee except such an employee
53 receiving additional compensation pursuant to subdivision 5 of section
54 134 of the civil service law, shall receive additional compensation in
55 recognition of pre-shift briefing.
A. 10526 8
1 2. Each such employee holding such a position in the security services
2 unit shall be compensated for pre-shift briefing in accordance with the
3 terms of the agreement covering certain members of the security services
4 unit. Pursuant to that agreement, effective April 1, 2023, each such
5 unit member to whom the provisions of this subdivision apply shall
6 continue to receive a minimum of six dollars for each day while in
7 payroll status when such pre-shift briefing time is not otherwise
8 compensated at a greater amount at the one and one-half times the hourly
9 rate of pay provided for by subdivision 1 of section 134 of the civil
10 service law and the rules and regulations of the director of the budget.
11 No payments authorized pursuant to this subdivision and such negotiated
12 agreement shall be made to an employee who is in non-pay status for that
13 day.
14 3. Any such additional compensation pursuant to this subdivision shall
15 be paid in addition to and shall not be a part of the employee's basic
16 annual salary and shall not be included as compensation for the purposes
17 of computation of overtime pay, provided, however, that such additional
18 compensation shall be included for retirement purposes. Notwithstanding
19 the foregoing provisions of this subdivision or of any other law, such
20 additional compensation shall be in lieu of the continuation of any
21 other additional compensation for such employees in recognition of pre-
22 shift briefing.
23 § 5. Additional compensation for annual salaried members of the secu-
24 rity services collective negotiating unit who are employed within the
25 state department of corrections and community supervision and who are
26 designated as peace officers, pursuant to section 2.10 of the criminal
27 procedure law, in recognition of pre-shift briefing. 1. In recognition
28 of the general requirement for these unit members to assemble for brief-
29 ing prior to the commencement of duties, where and to the extent an
30 agreement so provides on behalf of such unit members to whom the
31 provisions of this subdivision apply on behalf of each such employee
32 except such employee receiving additional compensation pursuant to
33 subdivision 5 of section 134 of the civil service law, such members
34 shall continue to receive additional compensation in recognition of
35 pre-shift briefing.
36 2. Each such unit member to whom the provisions of this subdivision
37 apply, shall continue to receive a minimum of eight dollars for each day
38 while in payroll status when such pre-shift briefing time is not other-
39 wise compensated at a greater amount at the one and one-half times the
40 hourly rate of pay provided for by subdivision 1 of section 134 of the
41 civil service law and the rules and regulations of the director of the
42 budget. Each such unit member to whom the provisions of this subdivision
43 apply, subject to the provisions of this subdivision, shall continue to
44 receive a minimum of $40 per week in addition to base pay. No payments
45 authorized pursuant to this subdivision shall be made to an employee who
46 is in non-pay status for that day.
47 3. Any such additional compensation pursuant to this subdivision,
48 shall be paid in addition to and shall not be a part of such employee's
49 basic annual salary and shall not be included as compensation for the
50 purposes of computation of overtime pay, provided, however, that such
51 additional compensation shall be included for retirement purposes.
52 Notwithstanding the foregoing provisions of this subdivision or of any
53 other law, such additional compensation as added by this subdivision
54 shall be in lieu of the continuation of any other additional compen-
55 sation for such unit members in recognition of pre-shift briefing.
A. 10526 9
1 § 6. Location compensation for certain state officers and employees in
2 the collective negotiating unit designated as security services. 1.
3 Pursuant to the terms of an agreement covering certain members of the
4 security services unit who are ineligible for interest arbitration, and
5 notwithstanding any inconsistent provision of law, rule or regulation to
6 the contrary, all members of the security services unit who are ineligi-
7 ble for interest arbitration, and are full-time annual salaried employ-
8 ees and whose principal place of employment or, in the case of a field
9 employee, whose official station as determined in accordance with the
10 regulations of the state comptroller, is in the city of New York or in
11 the county of Orange, Putnam, Dutchess, Nassau, Suffolk, Westchester or
12 Rockland, shall receive locational compensation according to the follow-
13 ing schedule:
14 Orange/Putnam/Dutchess NYC/Rock/Nassau/
15 Suffolk/Westchester
16 April 1, 2023 $1,004 $1,882
17 April 1, 2024 $1,111 $2,195
18 April 1, 2025 $1,650 $3,400
19 2. Pursuant to the terms of an agreement covering certain members of
20 the security services unit who are ineligible for interest arbitration,
21 and notwithstanding any inconsistent provision of law, rule or regu-
22 lation to the contrary, effective April 1, 2016, all such members of the
23 security services unit who are full-time annual salaried employees and
24 whose principal place of employment or, in the case of a field employee,
25 whose official station as determined in accordance with the regulations
26 of the comptroller is located in the county of Monroe and who were
27 eligible to receive locational pay on May 23, 1985 shall receive loca-
28 tional pay at the rate of two hundred dollars per year provided they
29 continue to be otherwise eligible.
30 3. The locational compensation as set out in all subdivisions of this
31 section shall be equally divided over the 26 payroll periods in each
32 fiscal year and be in addition to and shall not be a part of an employ-
33 ee's basic annual salary, and shall not affect or impair any performance
34 advance or other rights or benefits to which an employee may be entitled
35 by law, provided, however, that locational pay shall be included as
36 compensation for the purposes of computation of overtime pay and for
37 retirement purposes.
38 § 7. Locational compensation for certain members of the security
39 services collective negotiating unit. 1. Pursuant to the terms of an
40 agreement covering certain members of the security services unit who are
41 eligible for interest arbitration, and notwithstanding any inconsistent
42 provision of law, rule or regulation to the contrary, all members of
43 this unit who are employed by the state department of corrections and
44 community supervision as peace officers pursuant to section 2.10 of the
45 criminal procedure law, and are annual salaried employees and whose
46 principal place of employment, or, in the case of a field employee,
47 whose official station as determined in accordance with the regulations
48 of the state comptroller, is located in the city of New York, or in the
49 county of Orange, Putnam, Dutchess, Rockland, Westchester, Nassau, or
50 Suffolk, shall receive locational compensation according to the follow-
51 ing schedule:
52 Orange/Putnam/Dutchess NYC/Rock/Nassau/
53 Suffolk/Westchester
A. 10526 10
1 April 1, 2023 $1,400 $3,758
2 April 1, 2024 $1,442 $3,871
3 April 1, 2025 $1,846 $4,623
4 2. The locational compensation as set out in subdivision 1 of this
5 section shall be in addition to and shall not be a part of an employee's
6 basic annual salary, and shall not affect or impair any performance
7 advance or other rights or benefits to which an employee may be entitled
8 by law, provided, however, that locational compensation shall be
9 included as compensation for the purposes of computation of overtime pay
10 and for retirement purposes. This payment will be equally divided over
11 the 26 payroll periods in each fiscal year.
12 § 8. Continuation of locational compensation for certain officers and
13 employees of the Hudson Valley developmental disabilities services
14 office. 1. Notwithstanding any law, rule or regulation to the contrary,
15 any officer or employee of the Hudson Valley developmental disabilities
16 services office represented in the security services unit who is ineli-
17 gible for interest arbitration and who is receiving locational pay
18 pursuant to section 5 of chapter 174 of the laws of 1993 shall continue
19 to receive such locational pay under the conditions and at the rates
20 specified by such section 5 of chapter 174 of the laws of 1993.
21 2. Notwithstanding any law, rule or regulation to the contrary, any
22 officer or employee of the Hudson Valley developmental disabilities
23 services office represented in the security services unit who is ineli-
24 gible for interest arbitration and who is receiving locational pay
25 pursuant to subdivision 2 of section 11 of chapter 3 of the laws of 1996
26 shall continue to receive such locational pay under the conditions and
27 at the rates specified by such subdivision 2 of section 11 of chapter 3
28 of the laws of 1996.
29 3. Notwithstanding this section or any other law, rule or regulation
30 to the contrary, any officer or employee of the Hudson Valley develop-
31 mental disabilities services office represented in the security services
32 unit who is ineligible for interest arbitration and who is receiving
33 locational pay pursuant to this section shall continue to be eligible
34 for such locational pay if such officer's or employee's principal place
35 of employment is changed to a location outside of the county of Rockland
36 as the result of a reduction or redeployment of staff, provided, howev-
37 er, that such officer or employee is reassigned to or otherwise
38 appointed or promoted to a different position at another work location
39 within such Hudson Valley developmental disabilities services office
40 located outside of the county of Rockland. The rate of such continued
41 locational pay shall not exceed the rate such officer or employee is
42 receiving on the date of such reassignment, appointment, or promotion.
43 § 9. Inconvenience pay. 1. Pursuant to chapter 333 of the laws of
44 1969, as amended, and an agreement covering certain members of the secu-
45 rity services unit who are ineligible for interest arbitration, are
46 full-time annual salaried employees and, notwithstanding any inconsist-
47 ent provision of law, rule or regulation to the contrary, where and to
48 the extent that an agreement so provides, effective April 1, 2016, the
49 inconvenience pay provided to eligible employees shall continue to be
50 $626 per year for working 4 or more hours between the hours of 6:00 p.m.
51 and 6:00 a.m., except on an overtime basis. Effective April 1, 2025, the
52 amount shall be increased to $645.
53 2. Pursuant to the terms of an agreement covering certain members of
54 the security services unit who are eligible for interest arbitration and
55 who are employed by the state department of corrections and community
A. 10526 11
1 supervision and are designated as peace officers pursuant to section
2 2.10 of the criminal procedure law, effective April 1, 2016, the incon-
3 venience pay paid to annual salaried unit members to whom the provisions
4 of this section apply who work the evening shift as defined by the indi-
5 vidual facilities within the department of corrections and community
6 supervision, shall continue to be $2,006. Effective April 1, 2025, the
7 inconvenience pay paid to annual salaried unit members to whom the
8 provisions of this section apply who work the evening shift as defined
9 by the individual facilities within the department of corrections and
10 community supervision, shall increase to $2,066. Effective April 1,
11 2016, the inconvenience pay paid to annual salaried unit members to whom
12 the provisions of this section apply who work the night shift as defined
13 by the individual facilities within the department of corrections and
14 community supervision shall continue to be $1,003. Effective April 1,
15 2025, the inconvenience pay paid to annual salaried unit members to whom
16 the provisions of this section apply who work the night shift as defined
17 by the individual facilities within the department of corrections and
18 community supervision shall increase to $1,033. Such unit members to
19 whom the provisions of this section apply who are on paid leave for line
20 of duty injuries shall continue to receive inconvenience payments as
21 provided above. Any such additional compensation pursuant to this
22 section shall be included as compensation for retirement purposes.
23 § 10. Facility security pay. Pursuant to the terms of an agreement
24 covering certain members of the security services unit who are ineligi-
25 ble for interest arbitration, are full-time annual salaried employees
26 and, notwithstanding any inconsistent provision of law, rule, or regu-
27 lation to the contrary, where and to the extent that an agreement so
28 provides, effective April 1, 2016, such eligible members of the security
29 services unit shall continue to receive $750 annually. Effective April
30 1, 2024, the facility security pay paid to such eligible members of the
31 security services unit shall increase to $1,050 annually. Effective
32 April 1, 2025, the facility security pay paid to such eligible members
33 of the security services unit shall increase to $1,550 annually. This
34 payment will be equally divided over the 26 payroll periods in each
35 fiscal year and shall count as compensation for overtime and retirement
36 purposes.
37 § 11. Expanded duty pay. Pursuant to the terms of an agreement cover-
38 ing members of the security services unit who are employed within the
39 state department of corrections and community supervision and who are
40 designated as peace officers pursuant to section 2.10 of the criminal
41 procedure law and notwithstanding any other provision of law, effective
42 April 1, 2016, such annual salaried unit members to whom the provisions
43 of this section apply shall continue to be paid an expanded duty pay in
44 the amount of $2,600 per year. Effective April 1, 2024, such expanded
45 duty pay shall increase to $2,900 per year. Effective April 1, 2025,
46 such expanded duty pay shall increase to $3,400 per year. Payment for
47 such compensation shall be equally divided over the 26 payroll periods
48 of a fiscal year. Such compensation pursuant to this section shall be
49 included as compensation for overtime and retirement purposes.
50 § 12. Hazardous duty pay. 1. Pursuant to the terms of an agreement
51 covering certain members of the security services unit who are ineligi-
52 ble for interest arbitration, are full-time annual salaried employees,
53 have completed one year of service in the bargaining unit and, notwith-
54 standing any inconsistent provision of law, rule or regulation to the
55 contrary, where and to the extent that an agreement so provides. Effec-
56 tive April 1, 2023, this payment shall continue to be $200 annually.
A. 10526 12
1 Effective April 1, 2024, this payment shall increase to $575 annually.
2 Effective April 1, 2025, this payment shall increase to $1,075 annually.
3 This payment will be equally divided over the 26 payroll periods in each
4 fiscal year and shall be included as compensation for overtime and
5 retirement purposes.
6 2. Pursuant to the terms of an agreement covering members of the secu-
7 rity services unit who are employed within the state department of
8 corrections and community supervision and who are designated as peace
9 officers pursuant to section 2.10 of the criminal procedure law, have
10 completed one year of service in the bargaining unit and notwithstanding
11 any other provision of law, effective April 1, 2023, this payment shall
12 continue to be $1,500. Effective April 1, 2024, this payment shall
13 increase to $1,875 annually. Effective April 1, 2025, this payment shall
14 increase to $2,375 annually. Payment for such compensation shall be
15 equally divided over the 26 payroll periods of a fiscal year and shall
16 be included as compensation for overtime and retirement purposes.
17 § 13. During the period April 1, 2023 through March 31, 2025, there
18 shall be a statewide joint labor-management committee continued and
19 administered pursuant to the terms of the agreement negotiated between
20 the state and the employee organization representing employees in the
21 collective negotiating unit designated as the security services unit
22 established pursuant to article 14 of the civil service law which shall,
23 after April 1, 2023 with the amounts available therefor, study and make
24 recommendations concerning major issues of health benefits, employee
25 assistance, performance evaluation, education and training, quality of
26 work life, overtime, leave benefits, workers' compensation and backpay
27 and provide for the implementation of the terms of agreements of such
28 committees. There shall also be a joint labor-management committee
29 administered pursuant to the terms of the agreement to study the issue
30 of excessive use of force and make joint recommendations on that subject
31 and provide for employee training to be conducted by the state within
32 amounts appropriated therefor.
33 § 14. Notwithstanding any provision of law, rule or regulation to the
34 contrary, and where and to the extent an agreement negotiated between
35 the state and the employee organization representing employees in the
36 security services unit established pursuant to article 14 of the civil
37 service law so provides, the salaries of newly hired employees on or
38 after September 1, 1992 into state service in positions within negotiat-
39 ing units shall not be subject to the provisions of subdivision 2-a of
40 section 200 of the state finance law.
41 § 15. For employees in the security services unit, a one-time $3,000
42 retention bonus will be paid to all eligible members of the unit. This
43 signing bonus is not part of basic annual salary. Similarly, the signing
44 bonus is not subject to any salary increases and is not pensionable. The
45 bonus shall be pro-rated for those employees paid on any basis other
46 than an annual basis. Employees paid on a part-time, hourly or per diem
47 basis shall receive a signing bonus pro-rated on a basis reflecting the
48 actual hours worked between February 2, 2024 and May 29, 2024. To quali-
49 fy, employees must be in continuous service in the security services
50 unit between February 2, 2024 and May 29, 2024 as defined by paragraph
51 (c) of subdivision 3 of section 130 of the civil service law. Employees
52 who separate from state service between February 2, 2024 and May 29,
53 2024, are not eligible for this bonus unless they retire directly from
54 active state employment. This bonus shall be effective May 29, 2024.
55 § 16. Notwithstanding any provision of law to the contrary, pursuant
56 to the terms of the agreement negotiated between the state and the
A. 10526 13
1 employee organization representing the security services unit, effective
2 December 1, 2025, all members of the unit who have completed 11 years of
3 service as of November 1, 2025, as defined by the agreement between the
4 parties, shall receive an annual payment of $750. Such payment shall be
5 a lump sum and paid in a check when payment is made for the payroll that
6 includes December 1. Such payment shall be in addition to, and shall not
7 be a part of, a member's annual basic salary, and shall not affect or
8 impair any increments or other rights or benefits to which the member
9 may be entitled; provided, however, that the payment shall be included
10 as compensation for purposes of computation of overtime pay and for
11 retirement purposes.
12 § 17. Notwithstanding any law, rule or regulation to the contrary, any
13 employees of the state in the security services unit who are ineligible
14 for interest arbitration and who are eligible for additional compen-
15 sation pursuant to subdivision 5 of section 134 of the civil service law
16 shall be deemed ineligible for such additional compensation to the
17 extent, in the manner and under the circumstances provided for in a
18 negotiated agreement on behalf of such employees.
19 § 18. Notwithstanding any provision of law to the contrary, the appro-
20 priations contained in this act shall be available to the state for the
21 payment and publication of grievance and arbitration settlements and
22 awards pursuant to articles 7 and 8 of the collective negotiating agree-
23 ment between the state and the employee organization representing the
24 collective negotiating unit designated as the security services unit
25 established pursuant to article 14 of the civil service law.
26 § 19. The salary increases, benefit modifications, and any other
27 modifications to terms and conditions of employment provided for by this
28 act for state employees in the collective negotiating unit designated as
29 the security services unit established pursuant to article 14 of the
30 civil service law shall not be implemented until the director of employ-
31 ee relations shall have delivered to the director of the budget and the
32 comptroller a letter certifying that there is in effect, with respect to
33 such negotiating unit, a collective negotiating agreement which provides
34 for such increases and modifications, and which is fully executed in
35 writing with the state pursuant to article 14 of the civil service law,
36 and ratified pursuant to the ratification procedure of the employee
37 organization certified pursuant to article 14 of the civil service law
38 to represent such collective negotiating unit.
39 § 20. Date of entitlement to salary increase. Notwithstanding the
40 provisions of this act or of any other provision of law to the contrary,
41 the increases in salary or compensation of any members of the security
42 services unit established pursuant to article 14 of the civil service
43 law provided by this act shall be added to the salary of such member at
44 the beginning of that payroll period the first day of which is nearest
45 to the effective date of such increase as provided in this act, or at
46 the beginning of the earlier of two payroll periods the first days of
47 which are nearest but equally near to the effective date of such
48 increase as provided in this act; provided, however, that for the
49 purposes of determining the salary of such unit members upon reclassi-
50 fication, reallocation, appointment, promotion, transfer, demotion,
51 reinstatement, or other change of status, such salary increase shall be
52 deemed to be effective on the date thereof as prescribed by this act,
53 with payment thereof pursuant to this section on a date prior thereto,
54 instead of on such effective date, and shall not operate to confer any
55 additional salary rights or benefits on such unit members. Payment of
A. 10526 14
1 such salary increase may be deferred pursuant to section twenty-one of
2 this act.
3 § 21. Deferred payment of salary increase. Notwithstanding the
4 provisions of any other section of this act, or of any other law to the
5 contrary, pending payment pursuant to this act of the basic annual sala-
6 ries and other compensation to incumbents of positions subject to this
7 act, such incumbents shall receive, as partial compensation for services
8 rendered, the rate of compensation otherwise payable in their respective
9 positions. An incumbent holding a position subject to this act at any
10 time during the period from April 1, 2023, until the time when basic
11 annual salaries and other compensation are first paid pursuant to this
12 act for such services in excess of the compensation actually received
13 therefor, shall be entitled to a lump sum payment for the difference
14 between the salary to which such incumbent is entitled for such services
15 and the compensation actually received therefor in accordance with the
16 terms of the agreement between the employee organization representing
17 such members and the state. The amounts paid under this act shall count
18 as compensation earned during the year or years for which it is calcu-
19 lated and not as compensation earned wholly in the year in which it is
20 paid. Notwithstanding any provision of law, rule, or regulation to the
21 contrary, no member of the security services unit to whom the provisions
22 of this act apply shall be entitled to, or owed, any interest or other
23 penalty for any reason on any monies due to such member pursuant to the
24 terms of this act and the terms of the agreement covering employees in
25 the security services unit.
26 § 22. Use of appropriations. Notwithstanding any provision of the
27 state finance law or any other provision of law to the contrary, the
28 state comptroller is authorized to pay any amounts required during the
29 fiscal year commencing April 1, 2023, by the provisions of this act for
30 any state department or agency from any appropriation or other funds
31 available to such state department or agency for personal service or for
32 other related employee benefits during such fiscal year. To the extent
33 that such appropriations are insufficient in any fund to accomplish the
34 purposes herein set forth, the director of the budget is authorized to
35 allocate to the various departments and agencies, from any appropri-
36 ations available in any fund, the amounts necessary to pay such amounts.
37 The aforementioned appropriations shall be available for payment of any
38 liabilities or obligations incurred prior to April 1, 2024, in addition
39 to current liabilities.
40 § 23. Notwithstanding any provision of the state finance law or any
41 other provision of law to the contrary, the sum of $252,000,000 is here-
42 by appropriated in the general fund/state purposes account (10050) in
43 miscellaneous-all state departments and agencies solely for
44 apportionment/transfer by the director of the budget for use by any
45 state department or agency in any fund for the period April 1, 2023
46 through March 31, 2025 to supplement appropriations for personal
47 service, other than personal service and fringe benefits, and to carry
48 out the provisions of this act. No money shall be available for expendi-
49 ture from this appropriation until a certificate of approval has been
50 issued by the director of the budget and a copy of such certificate or
51 any amendment thereto has been filed with the state comptroller, the
52 chair of the senate finance committee and the chair of the assembly ways
53 and means committee. The monies hereby appropriated are available for
54 payment of any liabilities or obligations incurred prior to or during
55 the period April 1, 2023 through March 31, 2025. For this purpose, the
A. 10526 15
1 monies appropriated shall remain in full force and effect for the
2 payment of liabilities incurred on or before March 31, 2025.
3 § 24. The several amounts as hereinafter set forth, or so much thereof
4 as may be necessary, are hereby appropriated from the fund so designated
5 for use by any state department or agency for the period April 1, 2023
6 through March 31, 2025 to supplement appropriations from each respective
7 fund available for other than personal service and fringe benefits, and
8 to carry out the provisions of this act. The monies hereby appropriated
9 are available for the payment of any liabilities or obligations incurred
10 prior to or during the period commencing April 1, 2023 through March 31,
11 2025. No money shall be available for expenditure from the monies appro-
12 priated until a certificate of approval has been issued by the director
13 of the budget and a copy of such certificate or any amendment thereto
14 has been filed with the state comptroller, the chair of the senate
15 finance committee and the chair of the assembly ways and means commit-
16 tee.
17 ALL STATE DEPARTMENTS AND AGENCIES
18 SPECIAL PAY BILLS
19 General Fund/State Operations
20 State Purposes Account - 003
21 NON-PERSONAL SERVICE
22 Labor Management Committees ..................... $700,000
23 Employee assistance program ..................... $500,000
24 Joint committee on health benefits .............. $413,300
25 Contract administration ......................... $200,000
26 Employee Benefit Fund ......................... $1,920,000
27 Employee Training and Development ............... $397,000
28 Organizational alcoholism program ............... $390,000
29 Labor Management Training ....................... $250,000
30 Family Benefits ............................... $2,100,000
31 § 25. This act shall take effect immediately and shall be deemed to
32 have been in full force and effect on and after April 1, 2023. Appro-
33 priations made by this act shall remain in full force and effect for
34 liabilities incurred through March 31, 2025.
REPEAL NOTE.-- Paragraphs f and g of subdivision 1 of section 130 of
the civil service law, repealed by section one of this act, provided
salary schedules for state employees in the particular titles in the
security services unit employees who are ineligible for interest arbi-
tration and who are employed by the state department of corrections and
community supervision and are designated as peace officers pursuant to
section 2.10 of the criminal procedure law, and are replaced and
revised by salary schedules in a new paragraph f of subdivision 1 of
section 130 of the civil service law, as added by section one of this
act implementing an agreement between the state and the employee organ-
ization representing such unit for all employees in the security
services unit both eligible and ineligible for interest arbitration.
