Rpld & add S130 sub 1 j, rpld S130 sub 1 b sub 1 - 5, amd S130, Civ Serv L; amd S207-a, St Fin
Relates to compensation, benefits and other terms of employment of certain state officers and employees who are members of the security supervisors unit; authorizes funding of joint labor-management committees; implements an agreement between the state and the employee organization representing the security supervisors unit; and makes an app therefor.
STATE OF NEW YORK
________________________________________________________________________
11593
IN ASSEMBLY
June 29, 2010
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
(at request of the Governor) -- read once and referred to the Commit-
tee on Ways and Means
AN ACT to amend the civil service law, in relation to compensation,
benefits and other terms and conditions of employment of state offi-
cers and employees who are the members of the security supervisors
unit; to amend the state finance law, in relation to the employee
benefit fund for all members of the security supervisors unit; to
authorize funding of joint labor-management committees; to implement
an agreement between the state and the employee organization repres-
enting the members of the security supervisors unit; to repeal certain
provisions of the civil service law and the state finance law relating
thereto; and making an appropriation for the purpose of effectuating
certain provisions thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph j of subdivision 1 of section 130 of the civil
2 service law is REPEALED and a new paragraph j is added to read as
3 follows:
4 j. Pursuant to the terms of an agreement between the state and an
5 employee organization entered into pursuant to article fourteen of the
6 civil service law covering members of the collective negotiating unit
7 designated as security supervisors who are employed by the state depart-
8 ment of correctional services and are designated as peace officers
9 pursuant to subdivision twenty-five of section 2.10 of the criminal
10 procedure law, effective on the dates indicated, salary grades for such
11 unit members shall be as follows:
12 (1) Effective April first, two thousand seven:
13 COUNCIL 82 - SECURITY SUPERVISORS SALARY
14 SCHEDULE - ARBITRATION ELIGIBLE ONLY
15 Effective March 29, 2007 (Institutional) and
16 Effective April 5, 2007 (Administrative)
17 Perf.Perf.Perf.Perf.Perf.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12294-02-0
A. 11593 6
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14 24697837224474705771667962782088845492461
15 25736867625178816813818394686511890762565
16 Long
17 Max.
18 10 Yr.15 Yr.20 Yr.25 Yr.
19 LongLongLongLong
20 SGStepStepStepStep
21 127658290583158632986
22 228798302783287634357
23 330182317273437835924
24 431736332343595837456
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46 § 3. Subdivision 2-a of section 207-a of the state finance law, as
47 amended by chapter 213 of the laws of 2009, is amended to read as
48 follows:
49 2-a. Where and to the extent that an agreement between the state and
50 an employee organization entered into pursuant to article fourteen of
51 the civil service law or an interest arbitration award issued pursuant
52 to subdivision four of section two hundred nine of the civil service law
53 so provides on behalf of employees in the collective negotiating unit
54 designated as the security supervisors unit established pursuant to
A. 11593 7
1 article fourteen of the civil service law, and upon audit and warrant of
2 the comptroller, the director shall provide for the payment of moneys to
3 such employee organization for the establishment and maintenance of an
4 employee benefit fund established by the employee organization for the
5 employees in the negotiating unit covered by the controlling provision
6 of such agreement providing for such employee benefit fund, such amount
7 to be determined consistent with said agreement on the basis of the
8 number of full-time annual salaried employees, as determined by the
9 comptroller, on the payroll on the last day of the payroll period in
10 which March first, two thousand [three] seven falls for payments to be
11 made on April first, two thousand [three] seven and, on the last day of
12 the payroll period in which March first, two thousand [four] eight falls
13 for payments to be made on April first, two thousand [four, on the last
14 day of the payroll period in which March first, two thousand five falls
15 for payments to be made on April first, two thousand five and on the
16 last day of the payroll period in which March first, two thousand six
17 falls for payments to be made on April first, two thousand six] eight.
18 The amount, which will be determined pursuant to this section, for
19 employees who are paid from special or administrative funds, other than
20 the general fund or the capital projects fund of the state, will be paid
21 from the appropriations as provided by law, in which case the comp-
22 troller will establish procedures to ensure repayment from said special
23 or administrative funds. The director may enter into an agreement with
24 an employee organization which sets forth the specific terms and condi-
25 tions of the establishment and administration of an employee benefit
26 fund as a condition for the transmittal of moneys pursuant to this
27 section. Such agreement shall provide that any contributions paid to the
28 employee organization for the establishment and maintenance of the
29 employee benefit fund pursuant to this section on behalf of eligible
30 members of this unit shall be offset by contributions already made on
31 behalf of those members in each of the covered years, where applicable.
32 § 4. Compensation for members of the collective negotiating unit
33 designated as security supervisors pursuant to an agreement between the
34 state of New York and the employee organization representing such indi-
35 viduals.
36 1. The provisions of this section shall apply to all full-time offi-
37 cers and employees in the collective negotiating unit designated as the
38 security supervisors unit established pursuant to article 14 of the
39 civil service law.
40 2. Effective April 1, 2007, the basic annual salary of all officers
41 and employees in the security supervisors unit and who are in full-time
42 annual salaried employment status on March 31, 2007, shall be increased
43 by three percent.
44 3. Effective April 1, 2008, the basic annual salary of all officers
45 and employees in the security supervisors unit and who are in full-time
46 annual salaried employment status on March 31, 2008, shall be increased
47 by three percent.
48 4. Advancement within a salary grade. Payments pursuant to the
49 provisions of subdivision 6 of section 131 of the civil service law for
50 all full-time officers and employees in the security supervisors unit
51 who are entitled to such payments shall be payable pursuant to the terms
52 of an agreement between the state of New York and an employee organiza-
53 tion representing employees subject to the provisions of this section
54 entered into pursuant to article 14 of the civil service law (hereinaft-
55 er "the agreement" or "an agreement").
A. 11593 8
1 5. Effective April 1, 2007, pursuant to the terms of an agreement
2 covering all full-time officer and employee members of the security
3 supervisors unit, for such unit members who are on the institutional or
4 administrative payroll, the ten-year, the fifteen-year, the twenty-year
5 and the twenty-five year longevity step payment for such unit members to
6 whom the provisions of this section apply shall be that amount
7 prescribed by subparagraphs 1 or 2 of paragraph j of subdivision 1 of
8 section 130 of the civil service law, as added by section one of this
9 act, or subparagraphs 1 or 2 of paragraph b of subdivision 1 of section
10 130 of the civil service law, as added by section two of this act.
11 6. Notwithstanding any of the foregoing provisions of this section, if
12 the basic annual salary of such unit members to whom the provisions of
13 this section apply is identical with the hiring rate, performance
14 advance step one, two, three, four or five, the job rate, the ten-year
15 longevity step, the fifteen-year longevity step, the twenty-year longev-
16 ity step or the twenty-five year longevity step of the salary grade of
17 his or her position on March 31, 2007 or 2008, respectively, for such
18 unit members to whom the provisions of this section apply on the insti-
19 tutional or administrative payroll, such basic annual salary shall be
20 increased to the hiring rate, performance advance step one, two, three,
21 four or five, the job rate, the ten-year longevity step, the fifteen-
22 year longevity step, the twenty-year longevity step or the twenty-five
23 year longevity step of such salary grade as contained in either subpara-
24 graph one of paragraph j of subdivision one of the civil service law as
25 added by section one of this act, or subparagraph one of paragraph b of
26 subdivision one of section 130 of the civil service law as added by
27 section two of this act, to take effect on April 1, 2007 or 2008,
28 respectively, for such unit members to whom the provisions of this
29 section apply on the institutional or administrative payroll. The
30 increases in basic annual salary provided by this subdivision shall be
31 in lieu of any increase in basic annual salary provided for in subdivi-
32 sions two and three of this section.
33 7. If an unencumbered position is one which if encumbered, would be
34 subject to the provisions of this section, the salary of such position
35 shall be increased by the salary increase amounts specified in this
36 section. If a position is created, and is filled by the appointment of
37 such unit members to whom the provisions of this section apply, the
38 salary otherwise provided for such position shall be increased in the
39 same manner as though such position had been in existence but unencum-
40 bered. Notwithstanding the provisions of this section, the director of
41 the budget may reduce the salary of any such position, which is or
42 becomes vacant.
43 8. The increases in salary payable pursuant to this section shall
44 apply on a prorated basis to officers and employees, otherwise eligible
45 to receive an increase in salary pursuant to this section, who are paid
46 on an hourly or per diem basis, employees serving on a part-time or
47 seasonal basis and employees paid on any basis other than at an annual
48 salaried rate; except that the provisions of subdivision seven of this
49 section shall not apply to employees serving on a seasonal basis, except
50 as determined by the director of the budget.
51 9. Notwithstanding any other provision of this section, the provisions
52 of this section shall not apply to officers or employees paid on a fee
53 schedule basis.
54 10. In order to provide for the officers and employees to whom this
55 section applies who are not allocated to salary grades, performance
56 advancements and payments in proportion to those provided to persons to
A. 11593 9
1 whom this section applies who are allocated to salary grades, the direc-
2 tor of the budget is authorized to add appropriate adjustments to the
3 compensation which such officers and employees are otherwise entitled to
4 receive. The director of the budget shall issue certificates which shall
5 contain schedules of positions and the salaries thereof for which
6 adjustments are made pursuant to the provisions of this subdivision, and
7 a copy of each such certificate shall be filed with the state comp-
8 troller, the department of civil service, the chairman of the senate
9 finance committee and the chairman of the assembly ways and means
10 committee.
11 11. Notwithstanding any of the foregoing provisions of this section,
12 any increase in compensation may be withheld in whole or in part from
13 any such unit members to whom the provisions of this section apply when,
14 in the opinion of the director of the division of the budget and the
15 director of employee relations, such increase is not warranted or is not
16 appropriate.
17 § 5. Additional compensation for all members of the security supervi-
18 sors unit who are in full-time annual salaried employment status.
19 1. In recognition of the general requirement for full-time employees
20 of the state in the security supervisors unit to assemble for briefing
21 prior to the commencement of duties, where and to the extent an agree-
22 ment so provides, each such employee except such an employee receiving
23 additional compensation pursuant to subdivision 5 of section 134 of the
24 civil service law, shall receive additional compensation in recognition
25 of pre-shift briefing.
26 2. Each such employee holding a position in the security supervisors
27 unit shall be compensated for pre-shift briefing in accordance with the
28 terms of the agreement covering certain members of the security supervi-
29 sors unit. No payments authorized pursuant to this section and such
30 negotiated agreement shall be made to an employee who is in non pay
31 status for that day.
32 3. Any such additional compensation pursuant to this section shall be
33 paid in addition to and shall not be a part of the employee's basic
34 annual salary and shall not be included as compensation for the purposes
35 of computation of overtime pay, provided, however, that such additional
36 compensation shall be included for retirement purposes. Notwithstanding
37 the foregoing provisions of this section or of any other law, such addi-
38 tional compensation shall be in lieu of the continuation of any other
39 additional compensation for such employees in recognition of pre-shift
40 briefing.
41 § 6. Corrections command pay. Pursuant to the terms of an agreement
42 covering members of the collective negotiating unit designated as secu-
43 rity supervisors who are eligible for interest arbitration and are full-
44 time annual salaried and are employed by the state department of correc-
45 tional services and are designated as peace officers pursuant to
46 subdivision twenty-five of section 2.10 of the criminal procedure law,
47 and notwithstanding any law, rule, or regulation to the contrary, the
48 corrections command pay received by these employees shall be increased
49 by three percent to one thousand five hundred forty-five dollars effec-
50 tive April 1, 2007, in recognition of the command duties and responsi-
51 bilities performed by these designated peace officers with regard to
52 infectious disease, mental health, crime scene control, prisoner trans-
53 port and other inter-agency issues which arise in correctional facili-
54 ties. Effective April 1, 2008, the corrections command pay received by
55 these employees shall be increased by three percent to one thousand five
56 hundred ninety-one dollars. This payment will be equally divided over
A. 11593 10
1 the 26 payroll periods in each fiscal year and shall count as compen-
2 sation for overtime and retirement purposes. Any amounts already
3 received by eligible members of this unit shall be offset by payments
4 already received in corrections command pay in each year and the remain-
5 der shall be calculated as part of a retroactive payment.
6 § 7. Notwithstanding any law, rule or regulation to the contrary, any
7 employees of the state in the security supervisors unit who are eligible
8 for additional compensation pursuant to subdivision 5 of section 134 of
9 the civil service law shall be deemed ineligible for such additional
10 compensation to the extent, in the manner and under the circumstances
11 provided for in the agreement negotiated on behalf of such employees.
12 § 8. Uniform allowance. Pursuant to the terms of an agreement covering
13 certain members of the security supervisors unit who are ineligible for
14 interest arbitration, and in recognition of the general requirement for
15 employees in the security services unit who are ineligible for interest
16 arbitration to wear a uniform, each such employee on the payroll on the
17 first day of November preceding the annual effective date shall receive
18 an increase of three percent in the allowance for cleaning and mainte-
19 nance at the rate of six hundred forty-two dollars per year effective
20 December 1, 2007 in accordance with the agreement, and an increase of
21 three percent to six hundred sixty-one dollars per year effective Decem-
22 ber 1, 2008 in accordance with the agreement. Such allowance shall be
23 payable by separate check on or about December 1 of each year. Retroac-
24 tive payments shall be payable as soon as practicable for the retroac-
25 tive provisions of this section. Any amounts already received by eligi-
26 ble members of this unit shall be offset by payments already received as
27 uniform allowance in each year and the remainder shall be calculated as
28 part of a retroactive payment.
29 § 9. Location compensation for certain state officers and employees in
30 the collective negotiating unit designated as security supervisors for
31 arbitration ineligible members.
32 1. Pursuant to the terms of an agreement covering certain members of
33 the security supervisors unit who are ineligible for interest arbi-
34 tration, and notwithstanding any inconsistent provision of law, rule or
35 regulation to the contrary, effective April 1, 2007, all members of the
36 security supervisors unit who are ineligible for interest arbitration
37 and are full-time annual salaried employees and whose principal place of
38 employment or, in the case of a field employee, whose official station
39 as determined in accordance with the regulations of the comptroller is
40 located in the county of Monroe and who were eligible to receive loca-
41 tional pay on May 23, 1985 shall receive locational pay at the rate of
42 two hundred three dollars per year provided they continue to be other-
43 wise eligible.
44 2. Pursuant to the terms of an agreement covering certain members of
45 the security supervisors unit who are ineligible for interest arbi-
46 tration, and notwithstanding any inconsistent provision of law, rule or
47 regulation to the contrary, all members of the security supervisors unit
48 who are ineligible for interest arbitration and are full-time annual
49 salaried employees and whose principal place of employment or, in the
50 case of a field employee, whose official station as determined in
51 accordance with the regulations of the state comptroller, is in the city
52 of New York or in the county of Nassau, Suffolk, Westchester or Rockland
53 shall receive locational compensation in the amount of one thousand five
54 hundred dollars per year effective April 1, 2007, for employees in full-
55 time annual salaried employment status on March 31, 2007, and an
56 increase of three percent to one thousand five hundred forty-five
A. 11593 11
1 dollars per year effective April 1, 2008, for employees in full-time
2 annual salaried employment status on March 31, 2008.
3 3. Pursuant to the terms of an agreement covering certain members of
4 the security supervisors unit who are ineligible for interest arbi-
5 tration, and notwithstanding any inconsistent provision of law, rule or
6 regulation to the contrary, all members of the security supervisors unit
7 who are ineligible for interest arbitration, and are full-time annual
8 salaried employees and whose principal place of employment or, in the
9 case of a field employee, whose official station as determined in
10 accordance with the regulations of the state comptroller, is in the
11 county of Orange, Putnam or Dutchess shall receive an increase in loca-
12 tional compensation by three percent to the amount of eight hundred
13 dollars per year effective April 1, 2007, for employees in full-time
14 annual salaried employment status on March 31, 2007, and an increase by
15 three percent to eight hundred twenty-four dollars per year effective
16 April 1, 2008, for employees in full-time annual salaried employment
17 status on March 31, 2008.
18 4. The locational compensation as set out in all subdivisions of this
19 section shall be in addition to and shall not be a part of an employee's
20 basic annual salary, and shall not affect or impair any performance
21 advance or other rights or benefits to which an employee may be entitled
22 by law, provided, however, that locational pay shall be included as
23 compensation for the purposes of computation of overtime pay and for
24 retirement purposes. This payment will be equally divided over the 26
25 payroll periods in each fiscal year. Retroactive payments shall be paya-
26 ble as soon as practicable for the retroactive provisions of this
27 section. Any amounts already received by eligible members of this unit
28 shall be offset by payments already received as locational compensation
29 in each year, if any, and the remainder shall be calculated as part of a
30 retroactive payment.
31 § 10. Location compensation for arbitration eligible members. Pursuant
32 to the terms of an agreement covering certain members of the security
33 supervisors unit who are eligible for interest arbitration, and notwith-
34 standing any inconsistent provision of law, effective April 1, 2007, all
35 members of this unit who are employed by the state department of correc-
36 tional services as peace officers pursuant to subdivision twenty-five of
37 section 2.10 of the criminal procedure law, and are full-time annual
38 salaried employees and whose principal place of employment, or, in the
39 case of a field employee, whose official station as determined in
40 accordance with the regulations of the state comptroller, is located in
41 the city of New York, or in the county of Putnam, Orange, Dutchess,
42 Rockland, Westchester, Nassau or Suffolk, shall receive an increase in
43 location pay by three percent to the following annual amounts:
44 Orange, Putnam, Dutchess $1,160
45 NYC, Rockland, Westchester $3,117
46 Nassau, Suffolk $3,186
47 Effective April 1, 2008, all members of this unit who are employed by
48 the state department of correctional services as peace officers pursuant
49 to subdivision twenty-five of section 2.10 of the criminal procedure
50 law, and are full-time annual salaried employees and whose principal
51 place of employment, or, in the case of a field employee, whose official
52 station as determined in accordance with the regulations of the state
53 comptroller, is located in the city of New York, or in the county of
54 Putnam, Orange, Dutchess, Rockland, Westchester, Nassau or Suffolk,
55 shall receive an increase in location pay by three percent to the
56 following annual amounts:
A. 11593 12
1 Orange, Putnam, Dutchess $1,195
2 NYC, Rockland, Westchester $3,210
3 Nassau, Suffolk $3,281
4 This payment will be equally divided over the 26 payroll periods in
5 each fiscal year and shall count as compensation for overtime and
6 retirement purposes. Any amounts to be received by eligible members of
7 this unit shall be offset by payments already received as location pay
8 in each year and the remainder, if any, shall be calculated as part of a
9 retroactive payment. Retroactive payments shall be payable as soon as
10 practicable for the retroactive provisions of this section.
11 § 11. Continuation of locational compensation for certain officers and
12 employees of the Hudson Valley developmental disabilities services
13 office.
14 1. Notwithstanding any law, rule or regulation to the contrary, any
15 officer or employee of the Hudson Valley developmental disabilities
16 services office represented in the security supervisors unit, who is
17 receiving locational pay pursuant to section 5 of chapter 174 of the
18 laws of 1993 shall continue to receive such locational pay under the
19 conditions and at the rates specified by such section 5 of chapter 174
20 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 supervisors unit who is
24 receiving locational pay pursuant to subdivision 2 of section 11 of
25 chapter 3 of the laws of 1996 shall continue to receive such locational
26 pay under the conditions and at the rates specified by such subdivision
27 2 of section 11 of chapter 3 of the laws of 1996.
28 3. Notwithstanding section seven of this act or any other law, rule or
29 regulation to the contrary, any officer or employee of the Hudson Valley
30 developmental disabilities services office represented in the security
31 supervisors unit who is receiving locational pay pursuant to said
32 section seven of this act shall continue to be eligible for such loca-
33 tional pay if such officer's or employee's principal place of employment
34 is changed to a location outside of the county of Rockland as the result
35 of a reduction or redeployment of staff, provided, however, that such
36 officer or employee is reassigned to or otherwise appointed or promoted
37 to a different position at another work location within such Hudson
38 Valley developmental disabilities services office located outside of the
39 county of Rockland. The rate of such continued locational pay shall not
40 exceed the rate such officer or employee is receiving on the date of
41 such reassignment, appointment or promotion.
42 § 12. Facility security supervisor pay. Pursuant to the terms of an
43 agreement covering certain members of the security supervisors unit who
44 are ineligible for interest arbitration, are full-time annual salaried
45 employees and, notwithstanding any inconsistent provision of law, rule
46 or regulation to the contrary, where and to the extent that an agreement
47 so provides, effective April 1, 2007, such eligible members of the secu-
48 rity supervisors unit who are ineligible for interest arbitration shall
49 receive an increase of three percent to five hundred fifteen dollars
50 annually, in recognition of their facility security supervisory respon-
51 sibilities. Effective April 1, 2008, this payment shall be increased by
52 three percent to five hundred thirty dollars for any such eligible
53 members of the security supervisors unit who are ineligible for interest
54 arbitration. This payment will be equally divided over the 26 payroll
55 periods in each fiscal year and shall count as compensation for overtime
56 and retirement purposes. Retroactive payments shall be payable as soon
A. 11593 13
1 as practicable for the retroactive provisions of this section. Any
2 amounts already received by eligible members of this unit shall be
3 offset by payments already received as facility security supervisor pay
4 in each year and the remainder shall be calculated as part of a retroac-
5 tive payment.
6 § 13. Security enforcement differential. Pursuant to the terms of an
7 agreement covering certain members of the security supervisors unit who
8 are ineligible for interest arbitration, are full-time annual salaried
9 employees and, notwithstanding any inconsistent provision of law, rule
10 or regulation to the contrary, where and to the extent that an agreement
11 so provides, effective April 1, 2007, such eligible members shall
12 receive an increase by three percent to six hundred forty-three dollars
13 to be paid in recognition of the enhanced security and law enforcement
14 responsibilities inherent in the positions covered by such bargaining
15 unit. Effective April 1, 2008, the security enforcement differential
16 received by these employees shall be increased by three percent to six
17 hundred sixty-two dollars. This payment will be equally divided over the
18 26 payroll periods in each fiscal year and shall count as compensation
19 for overtime and retirement purposes. Retroactive payments shall be
20 payable as soon as practicable for the retroactive provisions of this
21 section. Any amounts already received by eligible members of this unit
22 shall be offset by payments already received as security enforcement
23 differential in each year and the remainder shall be calculated as part
24 of a retroactive payment.
25 § 14. Inconvenience pay program for arbitration ineligible employees.
26 Pursuant to chapter 333 of the laws of 1969, as amended, and an agree-
27 ment covering certain members of the security supervisors unit who are
28 ineligible for interest arbitration, are full-time annual salaried
29 employees and, notwithstanding any inconsistent provision of law, rule
30 or regulation to the contrary, where and to the extent that an agreement
31 so provides, effective April 1, 2007, the inconvenience pay provided to
32 eligible employees shall be increased by three percent to five hundred
33 sixty-seven dollars per year for working four or more hours between the
34 hours of 6:00 p.m. and 6:00 a.m., except on an overtime basis. Effective
35 April 1, 2008, the inconvenience pay provided to eligible employees
36 shall be increased by three percent to five hundred eighty-four dollars
37 per year for working four or more hours between the hours of 6:00 p.m.
38 and 6:00 a.m., except on an overtime basis. Retroactive payments shall
39 be payable as soon as practicable for the retroactive provisions of this
40 section. Any amounts already received by eligible members of this unit
41 shall be offset by payments already received as inconvenience pay in
42 each year and the remainder shall be calculated as part of a retroactive
43 payment.
44 § 15. Inconvenience pay program for arbitration eligible employees.
45 Pursuant to the terms of an agreement covering certain members of the
46 security supervisors unit who are eligible for interest arbitration and
47 who are employed by the state department of correctional services and
48 are designated as peace officers pursuant to subdivision twenty-five of
49 section 2.10 of the criminal procedure law, effective April 1, 2007,
50 such unit members to whom the provisions of this section apply who work
51 the evening shift as defined by the individual facilities within the
52 department of correctional services, shall continue to be paid $1,800
53 per year in equal bi-weekly installments for work on such shift. Effec-
54 tive April 1, 2007, such unit members to whom the provisions of this
55 section apply who work the night shift as defined by the individual
56 facilities within the department of correctional services shall continue
A. 11593 14
1 to be paid $900 per year in equal bi-weekly installments for work on
2 such shift. Such amounts, for such unit members to whom the provisions
3 of this section apply and who work both the evening shift and the night
4 shift as specified above, shall be offset by payments already received
5 as inconvenience pay effective April 1, 2007 and the remainder shall be
6 calculated as part of a retroactive payment. Such unit members to whom
7 the provisions of this section apply on approved paid leave shall
8 continue to receive inconvenience payments as provided above. Any such
9 additional compensation pursuant to this section shall be included as
10 compensation for retirement purposes.
11 § 16. Premium, maintenance, and command compensation. To the extent
12 the terms of an agreement covering certain members of the security
13 supervisors unit so provides, the employer shall provide additional
14 premium, maintenance and/or command compensation for employees otherwise
15 eligible in the amounts or rates provided in accordance with such agree-
16 ment.
17 § 17. Notwithstanding any other provision of law, rule or regulation
18 to the contrary, where and to the extent that an agreement so provides
19 on behalf of employees in the security supervisors unit, the state shall
20 contribute an amount designated in such agreement and for the period
21 covered by such agreement to the accounts of such employees enrolled for
22 dependent care deductions pursuant to section 201-a of the state finance
23 law. Such amounts shall be from funds appropriated in this act and shall
24 not be part of basic annual salary for overtime and retirement purposes.
25 § 18. During the period April 1, 2007 through March 31, 2009, there
26 shall be a statewide joint labor-management committee continued and
27 administered pursuant to the terms of an agreement covering employees in
28 the security supervisors unit which shall, after March 31, 2007, within
29 the amounts available therefor, study and make recommendations concern-
30 ing major issues of employee assistance, performance evaluation, train-
31 ing and provide for the implementation of the terms of agreements of
32 such committee.
33 § 19. Family benefits. Pursuant to the terms of an agreement covering
34 all members of the security supervisors including those who are employed
35 by the state department of correctional services and are designated as
36 peace officers pursuant to subdivision twenty-five of section 2.10 of
37 the criminal procedure law and those who are ineligible for interest
38 arbitration and, notwithstanding any inconsistent provision of law, rule
39 or regulation to the contrary, where and to the extent that an agreement
40 so provides, the employer shall increase the funding for DCAA, LifeWorks
41 and Directions by three percent effective April 1, 2007, and effective
42 April 1, 2008, increase the amount of funding for DCAA, LifeWorks and
43 Directions by an additional three percent.
44 § 20. Education and training. Effective April 1, 2007, in recognition
45 of the educational and training programs for all employees in the secu-
46 rity services unit, the programs set forth in articles 13.1, 13.4,
47 13.5(a) and 13.5(b) of the agreement covering employees in the security
48 supervisors unit shall each receive an increase of three percent to
49 their respective appropriations as of March 31, 2007. Effective April 1,
50 2008, in recognition of the educational and training programs for all
51 employees in the security services unit, the programs set forth in arti-
52 cles 13.1, 13.4, 13.5(a) and 13.5(b) of the agreement covering employees
53 in the security supervisors unit shall each receive an increase of three
54 percent to their respective appropriations as of March 31, 2008.
55 § 21. Notwithstanding any provision of law, rule or regulation to the
56 contrary, the appropriations contained in this act shall be available to
A. 11593 15
1 the state of New York for the payment and publication of grievance and
2 arbitration settlements and awards pursuant to articles 7 and 8 of the
3 agreement covering employees in the security supervisors unit.
4 § 22. Notwithstanding any provision of law, rule or regulation to the
5 contrary, and where and to the extent an agreement covering employees in
6 the security supervisors unit so provides, the salaries of employees
7 newly hired on or after September 1, 1992 into state service in posi-
8 tions within said negotiating unit shall not be subject to the
9 provisions of subdivision 2-a of section 200 of the state finance law.
10 § 23. The salary increases and benefit modifications provided for by
11 this act for state employees in the security supervisors unit shall not
12 be implemented until the director of employee relations shall have
13 delivered to the director of the budget and the comptroller a letter
14 indicating that there is in effect with respect to such negotiating unit
15 a collective negotiation agreement which provides for such increases and
16 modifications and which is fully executed in writing with the state
17 pursuant to article 14 of the civil service law, and ratified pursuant
18 to the ratification procedure of the employee organization certified
19 pursuant to article 14 of the civil service law to represent such
20 collective negotiating unit.
21 § 24. Date of entitlement to salary increase. Notwithstanding the
22 provisions of this act or of any other provision of law, rule or regu-
23 lation to the contrary, the increase in salary or compensation of all
24 members of the security supervisors unit, including those who are
25 employed by the state department of correctional services and are peace
26 officers pursuant to subdivision twenty-five of section 2.10 of the
27 criminal procedure law, and those who are ineligible for interest arbi-
28 tration, shall be added to the salary of such member at the beginning of
29 that payroll period the first day of which is nearest to the effective
30 date of such increase as provided in this act, or at the beginning of
31 the earlier of two payroll periods the first days of which are nearest
32 but equally near to the effective date of such increase as provided in
33 this act; provided, however, that for the purposes of determining the
34 salary of such unit members upon reclassification, reallocation,
35 appointment, promotion, transfer, demotion, reinstatement, or other
36 change of status, such salary increase shall be deemed to be effective
37 on the date thereof as prescribed by this act, with payment thereof
38 pursuant to this section on a date prior thereto, instead of on such
39 effective date, and shall not operate to confer any additional salary
40 rights or benefits on such unit members. Payment of such salary increase
41 may be deferred pursuant to section twenty-five of this act.
42 § 25. Deferred payment of salary increase. Notwithstanding the
43 provisions of any other section of this act, or of any other law, rule
44 or regulation, pending payment pursuant to this act of the basic annual
45 salaries of incumbents of positions subject to this act such incumbents
46 shall receive, as partial compensation for services rendered, the rate
47 of compensation otherwise payable in their respective positions. An
48 incumbent holding a position subject to this act at any time during the
49 period from April 1, 2007, until the time when basic annual salaries are
50 first paid pursuant to this act for such services in excess of the
51 compensation actually received therefor, shall be entitled to a lump sum
52 payment for the difference between the salary to which such incumbent is
53 entitled for such services and the compensation actually received there-
54 for. Such lump sum payment shall be made as soon as practicable.
55 Notwithstanding any provision of law, rule or regulation to the contra-
56 ry, no member of the security supervisors unit to whom the provisions of
A. 11593 16
1 this act apply shall be entitled to, or owed, any interest or other
2 penalty for any reason on any monies due to such member pursuant to the
3 terms of this act and the terms of the agreement covering employees in
4 the security supervisors unit.
5 § 26. Use of appropriations. Notwithstanding any provision of the
6 state finance law or any other provision of law to the contrary, the
7 state comptroller is authorized to pay any amounts required by the fore-
8 going provisions of this act. To the extent that existing appropriations
9 available to any state department or agency in any fund are insufficient
10 to accomplish the purposes set forth in this section, the director of
11 the budget is authorized to allocate to the various departments and
12 agencies, from any appropriations available in any fund, the amounts
13 necessary to make such payments. Any appropriations or other funds
14 available to any state department or agency for personal service or for
15 other related employee benefits during the fiscal year commencing April
16 1, 2010 shall be available for the payment of any liabilities or obli-
17 gations incurred pursuant to the foregoing provisions of this act,
18 whether incurred prior to or during the state fiscal year commencing
19 April 1, 2010.
20 § 27. Appropriations. Notwithstanding any provision of the state
21 finance law or any other provision of law to the contrary, the several
22 amounts as hereinafter set forth in this section, or so much thereof as
23 may be necessary, are hereby appropriated from the fund so designated
24 for use by any state department or agency for the fiscal year beginning
25 April 1, 2010 to supplement appropriations from each respective fund
26 available for personal service, other than personal service and fringe
27 benefits, and to carry out the provisions of this act. Moreover, the
28 amounts appropriated as non-personal service may be suballocated to any
29 state department or agency as needed. The monies hereby appropriated are
30 available for payment of any liabilities or obligations incurred prior
31 to April 1, 2010 in addition to liabilities or obligations associated
32 with the state fiscal year commencing April 1, 2010. For this purpose,
33 these appropriations shall remain in full force and effect for the
34 payment of liabilities incurred on or before April 1, 2010. No money
35 shall be available for expenditure from this appropriation until a
36 certificate of approval has been issued by the director of the budget
37 and a copy of such certificate or any amendment thereto has been filed
38 with the state comptroller, the chairperson of the senate finance
39 committee and the chairperson of the assembly ways and means committee.
40 ALL STATE DEPARTMENTS AND AGENCIES
41 General Fund / State Operations
42 State Purposes Account - 003
43 Personal Service
44 Personal service .............................. 10,305,000
A. 11593 17
1 Nonpersonal Service
2 Fringe benefits .................................. 863,000
3 Employee training and development ................. 40,000
4 Quality of work life committee .................... 30,000
5 Family benefits committee ......................... 27,000
6 Employee assistant program ......................... 7,000
7 Contract administration ........................... 50,000
8 Employee benefit fund ............................. 44,000
9 Legal defense fund ................................ 20,000
10 Management directed training ...................... 27,000
11 Organizational alcoholism program ................. 10,000
12 Joint Committee on Health Benefits ................ 13,000
13 Special Revenue Funds - Other
14 Environmental Conservation Special Revenue Fund - 301
15 Personal Service
16 Personal Service .................................. 10,000
17 Nonpersonal Service
18 Fringe benefits .................................... 5,000
19 Special Revenue Funds - Other
20 Miscellaneous Special Revenue Fund - 339
21 Personal Service
22 Personal Service ................................. 950,000
23 Nonpersonal Service
24 Fringe benefits .................................. 469,000
25 Special Revenue Federal
26 Federal Unemployment Insurance Administration - 480
27 Personal Service
28 Personal Service .................................. 12,000
29 Nonpersonal Service
30 Fringe benefits .................................... 6,000
31 § 28. This act shall take effect immediately and shall be deemed to
32 have been in full force and effect on and after April 1, 2007.
REPEAL NOTE. -- Paragraph j of subdivision 1 of section 130 of the
civil service law is REPEALED and replaced by a new paragraph j reflect-
ing the new salary schedule negotiated between the state and employee
organizations representing employees in the security supervisors negoti-
ating unit established by article 14 of the civil service law.
Subparagraphs 1, 2, 3, 4 and 5 of paragraph b of subdivision 1 of
section 130 of the civil service law are REPEALED and replaced by new
subparagraphs 1 and 2 reflecting the new salary schedule negotiated
between the state and employee organizations representing employees in
A. 11593 18
the security supervisors negotiating unit established by article 14 of
the civil service law.
