Rpld §130 sub 1 ¶c sub¶¶ 1 - 4, ¶d sub¶¶ 1 & 2, amd §130, Civ Serv L; rpld §19 sub 1, amd §19, Cor L
Implements agreements between the state and an employee organization relating to compensation, benefits and other terms and conditions of employment of certain state officers and employees; makes an appropriation therefor (Part A); provides for the salaries of certain state officers and employees excluded from collective negotiating units; makes an appropriation therefor (Part B).
STATE OF NEW YORK
________________________________________________________________________
7766
2023-2024 Regular Sessions
IN ASSEMBLY
June 7, 2023
___________
Introduced by 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, in relation to compensation,
benefits and other terms and conditions of employment of certain state
officers and employees; to implement agreements between the state and
an employee organization; and to repeal certain provisions of the
civil service law relating thereto; and making an appropriation for
the purpose of effectuating certain provisions therefor (Part A); to
amend the civil service law and the correction law, in relation to
salaries of certain state officers and employees excluded from collec-
tive negotiating units; to repeal certain provisions of the civil
service law and the correction law relating thereto; and making an
appropriation for the purpose of effectuating certain provisions
therefor (Part B)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law legislation necessary to implement
2 a collective bargaining agreement and to implement changes to salary and
3 benefits for certain state officers and employees excluded from collec-
4 tive negotiating units. Each component is wholly contained within a
5 Part identified as Parts A through B. The effective date for each
6 particular provision contained within such Part is set forth in the last
7 section of such Part. Any provision in any section contained within a
8 Part, including the effective date of the Part, which makes reference to
9 a section "of this act", when used in connection with that particular
10 component, shall be deemed to mean and refer to the corresponding
11 section of the Part in which it is found. Section two of this act sets
12 forth the general severability clause applicable to this act. Section
13 three of this act sets forth the general effective date of this act.
14 PART A
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12014-03-3
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1 Section 1. Subparagraphs 1, 2, 3 and 4 of paragraph c of subdivision
2 1 of section 130 of the civil service law are REPEALED and three new
3 subparagraphs 1, 2 and 3 are added to read as follows:
4 (1) Effective March thirtieth, two thousand twenty-three for officers
5 and employees on the administrative payroll and effective April sixth,
6 two thousand twenty-three for officers and employees on the institu-
7 tional payroll:
8 PS&T SALARY SCHEDULE
9 EFFECTIVE March 30, 2023 (ADMIN)
10 EFFECTIVE April 6, 2023 (INST)
11 HIRING JOBADVANCEJOB RATE
12 SGRATERATEAMOUNTADVANCE
13 1 $25,991$33,537$1,079$1,072
14 2 $26,977$34,894$1,131$1,131
15 3 $28,298$36,595$1,186$1,181
16 4 $29,567$38,300$1,244$1,269
17 5 $30,969$40,127$1,309$1,304
18 6 $32,628$42,251$1,374$1,379
19 7 $34,460$44,531$1,430$1,491
20 8 $36,357$46,886$1,481$1,643
21 9 $38,383$49,405$1,535$1,812
22 10 $40,559$52,146$1,603$1,969
23 11 $42,883$55,093$1,707$1,968
24 12 $45,289$58,016$1,765$2,137
25 13 $47,925$61,330$1,836$2,389
26 14 $50,678$64,693$1,961$2,249
27 15 $53,546$68,269$2,034$2,519
28 16 $56,550$71,979$2,112$2,757
29 17 $59,724$76,029$2,212$3,033
30 18 $63,108$80,248$2,167$4,138
31 19 $66,527$84,496$2,257$4,427
32 20 $69,934$88,721$2,352$4,675
33 21 $73,641$93,374$2,455$5,003
34 22 $77,600$98,252$2,557$5,310
35 23 $81,705$103,350$2,663$5,667
36 24 $86,057$108,638$2,766$5,985
37 25 $90,806$114,444$2,884$6,334
38 26 $95,588$117,825$3,001$4,231
39 27 $100,761$124,107$3,159$4,392
40 28 $106,068$130,270$3,282$4,510
41 29 $111,627$136,714$3,408$4,639
42 30 $117,460$143,423$3,534$4,759
43 31 $123,721$150,612$3,666$4,895
44 32 $130,299$158,054$3,789$5,021
45 33 $137,387$166,013$3,914$5,142
46 34 $144,706$174,283$4,050$5,277
47 35 $152,207$182,697$4,180$5,410
48 36 $159,856$191,352$4,324$5,552
49 37 $168,247$200,683$4,459$5,682
50 38 $156,967
51 (2) Effective March twenty-eighth, two thousand twenty-four for offi-
52 cers and employees on the administrative payroll and effective April
53 fourth, two thousand twenty-four for officers and employees on the
54 institutional payroll:
A. 7766 3
1 PS&T SALARY SCHEDULE
2 EFFECTIVE March 28, 2024 (ADMIN)
3 EFFECTIVE April 4, 2024 (INST)
4 HIRINGJOBADVANCEJOB RATE
5 SGRATERATEAMOUNTADVANCE
6 1$26,771$34,540$1,112$1,097
7 2$27,786$35,942$1,165$1,166
8 3$29,147$37,692$1,222$1,213
9 4$30,454$39,450$1,282$1,304
10 5$31,898$41,328$1,349$1,336
11 6$33,607$43,521$1,415$1,424
12 7$35,494$45,864$1,473$1,532
13 8$37,448$48,294$1,525$1,696
14 9$39,534$50,884$1,581$1,864
15 10$41,776$53,708$1,651$2,026
16 11$44,169$56,743$1,758$2,026
17 12$46,648$59,757$1,818$2,201
18 13$49,363$63,169$1,891$2,460
19 14$52,198$66,634$2,020$2,316
20 15$55,152$70,317$2,095$2,595
21 16$58,247$74,135$2,175$2,838
22 17$61,516$78,307$2,278$3,123
23 18$65,001$82,656$2,232$4,263
24 19$68,523$87,032$2,325$4,559
25 20$72,032$91,381$2,422$4,817
26 21$75,850$96,173$2,528$5,155
27 22$79,928$101,197$2,634$5,465
28 23$84,156$106,454$2,743$5,840
29 24$88,639$111,897$2,849$6,164
30 25$93,530$117,875$2,970$6,525
31 26$98,456$121,360$3,091$4,358
32 27$103,784$127,830$3,254$4,522
33 28$109,250$134,178$3,380$4,648
34 29$114,976$140,815$3,510$4,779
35 30$120,984$147,726$3,640$4,902
36 31$127,433$155,130$3,776$5,041
37 32$134,208$162,796$3,903$5,170
38 33$141,509$170,993$4,032$5,292
39 34$149,047$179,511$4,171$5,438
40 35$156,773$188,178$4,306$5,569
41 36$164,652$197,093$4,454$5,717
42 37$173,294$206,703$4,593$5,851
43 38$161,676
44 (3) Effective March twenty-seventh, two thousand twenty-five for offi-
45 cers and employees on the administrative payroll and effective April
46 third, two thousand twenty-five for officers and employees on the insti-
47 tutional payroll:
48 PS&T SALARY SCHEDULE
49 EFFECTIVE March 27, 2025 (ADMIN)
50 EFFECTIVE April 3, 2025 (INST)
51 HIRINGJOBADVANCEJOB RATE
52 SGRATERATEAMOUNTADVANCE
53 1$27,574$35,574$1,145$1,130
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1 2$28,620$37,022$1,200$1,202
2 3$30,021$38,823$1,259$1,248
3 4$31,368$40,635$1,320$1,347
4 5$32,855$42,565$1,389$1,376
5 6$34,615$44,828$1,457$1,471
6 7$36,559$47,237$1,517$1,576
7 8$38,571$49,743$1,571$1,746
8 9$40,720$52,413$1,628$1,925
9 10$43,029$55,322$1,700$2,093
10 11$45,494$58,447$1,811$2,087
11 12$48,047$61,548$1,873$2,263
12 13$50,844$65,061$1,947$2,535
13 14$53,764$68,630$2,081$2,380
14 15$56,807$72,429$2,157$2,680
15 16$59,994$76,359$2,240$2,925
16 17$63,361$80,655$2,347$3,212
17 18$66,951$85,138$2,299$4,393
18 19$70,579$89,645$2,394$4,702
19 20$74,193$94,121$2,495$4,958
20 21$78,126$99,056$2,604$5,306
21 22$82,326$104,230$2,713$5,626
22 23$86,681$109,650$2,825$6,019
23 24$91,298$115,252$2,934$6,350
24 25$96,336$121,413$3,060$6,717
25 26$101,410$125,001$3,184$4,487
26 27$106,898$131,665$3,352$4,655
27 28$112,528$138,203$3,482$4,783
28 29$118,425$145,039$3,616$4,918
29 30$124,614$152,158$3,749$5,050
30 31$131,256$159,784$3,889$5,194
31 32$138,234$167,680$4,020$5,326
32 33$145,754$176,123$4,153$5,451
33 34$153,518$184,896$4,296$5,602
34 35$161,476$193,823$4,435$5,737
35 36$169,592$203,006$4,588$5,886
36 37$178,493$212,904$4,730$6,031
37 38$166,526
38 § 2. Notwithstanding any law to the contrary, there shall be a dental
39 allowance consistent with the terms of the agreement between the employ-
40 ee organization representing members of the professional, scientific and
41 technical services unit. Such allowance shall not be added to base sala-
42 ry and shall not be pensionable.
43 § 3. Compensation for certain state officers and employees in collec-
44 tive negotiating units. 1. The provisions of this section shall apply
45 to annual-salaried officers and employees in the collective negotiating
46 unit designated as the professional, scientific and technical services
47 unit established pursuant to article 14 of the civil service law.
48 2. Effective March 30, 2023 for officers and employees on the adminis-
49 trative payroll and effective April 6, 2023 for officers and employees
50 on the institutional payroll, the basic annual salary of officers and
51 employees in full-time employment status on the day before such payroll
52 period shall be increased by three percent adjusted to the nearest whole
53 dollar amount.
54 3. Effective March 28, 2024 for officers and employees on the adminis-
55 trative payroll and effective April 4, 2024 for officers and employees
56 on the institutional payroll, the basic annual salary of officers and
A. 7766 5
1 employees in full-time employment status on the day before such payroll
2 period shall be increased by three percent adjusted to the nearest whole
3 dollar amount.
4 4. Effective March 27, 2025 for officers and employees on the adminis-
5 trative payroll and effective April 3, 2025 for officers and employees
6 on the institutional payroll, the basic annual salary of officers and
7 employees in full-time employment status on the day before such payroll
8 period shall be increased by three percent adjusted to the nearest whole
9 dollar amount.
10 5. Notwithstanding the provisions of subdivisions two, three and four
11 of this section, if the basic annual salary of an officer or employee to
12 whom the provisions of this section apply is identical with the hiring
13 rate or the job rate of the salary grade of his or her position on the
14 effective dates of the increases provided in these subdivisions, such
15 basic annual salary shall be increased to the hiring rate or job rate,
16 respectively, of such salary grade as contained in the appropriate sala-
17 ry schedules in subparagraphs 1, 2 and 3 of paragraph c of subdivision 1
18 of section 130 of the civil service law, as added by section one of this
19 act, to take effect on the dates provided in such subparagraphs. Except
20 as herein provided to the contrary, the increases in basic annual salary
21 provided by this subdivision shall be in lieu of any increase in basic
22 annual salary provided for in subdivisions two, three and four of this
23 section.
24 6. Payments pursuant to the provisions of subdivision 6 of section 131
25 of the civil service law for annual salaried officers and employees
26 entitled to such payments to whom the provisions of this section apply
27 shall be payable in accordance with the terms of an agreement reached
28 pursuant to article 14 of the civil service law between the state and an
29 employee organization representing employees subject to the provisions
30 of this section.
31 7. If an unencumbered position is one which if encumbered, would be
32 subject to the provisions of this section, the salary of such position
33 shall be increased by the salary increase amounts specified in this
34 section. If a position is created, and filled by the appointment of an
35 officer or employee who is subject to the provisions of this section,
36 the salary otherwise provided for such position shall be increased in
37 the same manner as though such position had been in existence but unen-
38 cumbered. Notwithstanding the provisions of this section, the director
39 of the budget may reduce the salary of any such position which is or
40 becomes vacant.
41 8. The increases in salary provided in subdivisions two, three and
42 four of this section shall apply on a pro-rated basis to officers and
43 employees, otherwise eligible to receive an increase in salary, who are
44 paid on an hourly or per diem basis, employees serving on a part-time or
45 seasonal basis, and employees paid on any basis other than at an annual
46 salary rate. Notwithstanding the foregoing, the provisions of subdivi-
47 sions five, six and thirteen of this section shall not apply to employ-
48 ees serving on a per diem or seasonal basis, except as determined by the
49 director of the budget.
50 9. In order to provide for the officers and employees to whom this
51 section applies but are not allocated to salary grades, but are paid on
52 an annual basis, increases and payments pursuant to subdivisions six and
53 thirteen of this section in proportion to those provided to persons to
54 whom this section applies who are allocated to salary grades, the direc-
55 tor of the budget is authorized to add appropriate adjustments and/or
56 payments to the compensation which such officers and employees are
A. 7766 6
1 otherwise entitled to receive. The director of the budget shall issue
2 certificates which shall contain schedules of positions and the salaries
3 and/or payments thereof for which adjustments and/or payments are made
4 pursuant to the provisions of this subdivision, and a copy of each such
5 certificate shall be filed with the state comptroller, the department of
6 civil service, the chair of the senate finance committee and the chair
7 of the assembly ways and means committee.
8 10. Notwithstanding any other provision of this section, the
9 provisions of this section shall not apply to officers or employees paid
10 on a fee schedule basis, provided however, that the increases in basic
11 annual salary provided for in subdivisions two, three and four of this
12 section shall apply to fire instructors paid on a fee schedule basis
13 employed by the division of homeland security and emergency services.
14 11. Notwithstanding any other provision of this section, except subdi-
15 vision one of this section, any increase in compensation for any officer
16 or employee appointed to a lower graded position from a redeployment
17 list pursuant to subdivision 1 of section 79 of the civil service law
18 who continues to receive his or her former salary pursuant to such
19 subdivision shall be determined on the basis of such lower graded posi-
20 tion provided, however, that the increase in salary provided in this
21 section shall not cause such officer's or employee's salary to exceed
22 the job rate of such lower graded position.
23 12. Notwithstanding any other provision of this section or any law to
24 the contrary, any increase in compensation may be withheld in whole or
25 in part from any employee to whom the provisions of this section are
26 applicable when, in the opinion of the director of the budget and the
27 director of employee relations, such increase is not warranted or is not
28 appropriate for any reason.
29 13. Notwithstanding any law, rule or regulation to the contrary, offi-
30 cers and employees to whom the provisions of this section apply shall
31 receive performance awards in accordance with the terms of a collective-
32 ly negotiated agreement between the state and the employee organization
33 representing such employees entered into pursuant to article 14 of the
34 civil service law, effective for the period commencing April 2, 2023, in
35 accordance with the rules and regulations issued by the director of the
36 budget to implement payment of such negotiated performance awards.
37 § 4. Notwithstanding any other provision of law, when, in the profes-
38 sional, scientific and technical services unit, a determination has been
39 implemented to increase the hiring rate of a position in accordance with
40 subdivision 4 of section 130 of the civil service law, incumbents of
41 such positions who are employed in any state department, state institu-
42 tion or other state agency, in the particular area or areas or location
43 or locations affected, who did not receive the benefit of the new hiring
44 salary or have their salaries brought up to such new hiring salary may
45 receive increased compensation as determined by an agreement between the
46 office of employee relations and the employee organization representing
47 such unit.
48 § 5. For employees in the professional, scientific and technical
49 services unit, a one-time $3,000 signing bonus will be paid to all
50 eligible members of the unit. This signing bonus is not part of basic
51 annual salary. Similarly, the signing bonus is not subject to any salary
52 increases and is not pensionable. The signing bonus shall be pro-rated
53 for those employees paid on any basis other than an annual basis.
54 Employees paid on a part-time, hourly or per diem basis shall receive a
55 signing bonus pro-rated on a basis reflecting the actual hours worked
56 between June 6, 2023 and October 12, 2023 for officers and employees on
A. 7766 7
1 the administrative payroll or October 19, 2023 for officers and employ-
2 ees on the institutional payroll. To qualify, employees must be in
3 continuous service in the PS&T Unit between June 6, 2023 and October 12,
4 2023 for officers and employees on the administrative payroll or October
5 19, 2023 for officers and employees on the institutional payroll as
6 defined by paragraph c of subdivision 3 of section 130 of the civil
7 service law. Employees who separate from state service between June 6,
8 2023 and October 12 or October 19, 2023, respectively, are not eligible
9 for this signing bonus unless they retire directly from active state
10 employment. This bonus shall be effective October 12, 2023 for officers
11 and employees on the administrative payroll and effective October 19,
12 2023 for officers and employees on the institutional payroll.
13 § 6. Notwithstanding any other law to the contrary, where an agreement
14 between the state and the employee organization that represents employ-
15 ees in the professional, scientific and technical services unit so
16 provides, there shall be paid a higher education differential consistent
17 with the terms of such agreement.
18 § 7. Location compensation for certain state officers and employees.
19 Notwithstanding any inconsistent provisions of law, officers and employ-
20 ees, including seasonal officers and employees who shall continue to
21 receive the compensation provided for pursuant to this section on a
22 pro-rated basis except part-time officers and employees, in the collec-
23 tive negotiating unit designated as the professional, scientific and
24 technical services unit established pursuant to article 14 of the civil
25 service law, whose principal place of employment or, in the case of a
26 field employee, whose official station as determined in accordance with
27 the regulations of the state comptroller, is located: in the county of
28 Monroe and who were eligible to receive location pay on March 31, 1985,
29 shall receive location pay at the rate of $200 per year provided they
30 continue to be otherwise eligible; or in the city of New York, or in the
31 county of Rockland, Westchester, Nassau or Suffolk shall continue to
32 receive a downstate adjustment at the annual rate of $3,026 effective
33 April 1, 2011, which shall increase to $3,087 effective April 1, 2023
34 and to $3,400 effective April 1, 2024 and to $4,000 effective April 1,
35 2025; or in the county of Dutchess, Putnam or Orange shall continue to
36 receive a mid-Hudson adjustment at the annual rate of $1,513 effective
37 April 1, 2011 which shall increase to $1,543 effective April 2, 2023 and
38 to $1,650 effective April 1, 2024, and to $2,000 effective April 1,
39 2025. Such location payments shall be in addition to and shall not be a
40 part of an officer's or employee's basic annual salary and shall not
41 affect or impair any performance advancements or other rights or bene-
42 fits to which an officer or employee may be entitled by law, provided,
43 however, that location payments shall be included as compensation for
44 purposes of computation of overtime pay and for retirement purposes.
45 For the sole purpose of continuing eligibility for location pay in
46 Monroe county, an officer or employee previously eligible to receive
47 location pay on March 31, 1985 who is on an approved leave of absence or
48 participates in an employer program to reduce to part-time service
49 during summer months shall continue to be eligible for said location pay
50 upon return to full-time state service in Monroe county.
51 § 8. Continuation of location compensation for certain officers and
52 employees of the Hudson Valley developmental disabilities services
53 office. 1. Notwithstanding any law, rule or regulation to the contrary,
54 any officer or employee of the Hudson Valley developmental disabilities
55 services office represented in the collective negotiating unit desig-
56 nated as the professional, scientific and technical services unit, who
A. 7766 8
1 is receiving location pay pursuant to section 5 of chapter 174 of the
2 laws of 1993 shall continue to receive such location pay under the
3 conditions and at the rate specified by such section.
4 2. Notwithstanding any law, rule or regulation to the contrary, any
5 officer or employee of the Hudson Valley developmental disabilities
6 services office represented in the collective negotiating unit desig-
7 nated as the professional, scientific and technical services unit, who
8 is receiving location pay pursuant to subdivision 2 of section 9 of
9 chapter 315 of the laws of 1995 shall continue to receive such location
10 pay under the conditions and at the rates specified by such subdivision.
11 3. Notwithstanding section seven of this act or any other law, rule or
12 regulation to the contrary, any officer or employee of the Hudson Valley
13 developmental disabilities services office represented in the collective
14 negotiating unit designated as the professional, scientific and techni-
15 cal services unit, who is receiving location pay pursuant to section
16 seven of this act shall continue to be eligible for such location pay if
17 as the result of a reduction or redeployment of staff, such officer or
18 employee is reassigned to or otherwise appointed or promoted to a
19 different position at another work location within the Hudson Valley
20 developmental disabilities services office. The rate of such continued
21 location pay shall not exceed the rate such officer or employee is
22 receiving on the date of such reassignment, appointment or promotion.
23 § 9. Special assignment to duty pay. Notwithstanding any inconsistent
24 provisions of law, effective April 2, 2023, where and to the extent
25 that, an agreement between the state and an employee organization
26 entered into pursuant to article 14 of the civil service law so
27 provides, a special assignment to duty lump sum shall be paid each year
28 to an employee who is serving in a particular assignment deemed quali-
29 fied pursuant to such agreement. Such payment shall be in an amount
30 negotiated for those employees assigned to qualifying work assignments
31 and who work such assignments for the minimum periods of time in a year
32 provided in the negotiated agreement. Assignment to duty pay shall not
33 be paid in any year an employee does not meet the minimum period of time
34 in such qualifying assignment required by the agreement or upon cessa-
35 tion of the assignment to duty program on April 1, 2026 unless an exten-
36 sion is negotiated by the parties. Such lump sum shall be considered
37 salary only for final average salary retirement purposes.
38 § 10. Long term seasonal employees. Notwithstanding any inconsistent
39 provisions of law, effective April 2, 2023, where and to the extent
40 that, an agreement between the state and an employee organization
41 entered into pursuant to article 14 of the civil service law so
42 provides, a lump sum shall be paid each year to an employee who is serv-
43 ing in a qualifying long term seasonal position. Such payment shall be
44 in an amount negotiated and pursuant to negotiated qualifying criteria
45 and shall be considered salary only for final average salary retirement
46 purposes. Such benefit shall be available until March 31, 2026.
47 § 11. Notwithstanding any inconsistent provisions of law, where and to
48 the extent that an agreement between the state and an employee organiza-
49 tion entered into pursuant to article 14 of the civil service law so
50 provides on behalf of employees in the collective negotiating unit
51 designated as the professional, scientific and technical services unit
52 established pursuant to article 14 of the civil service law, the state
53 shall contribute an amount designated in such agreement and for the
54 period covered by such agreement to the accounts of such employees
55 enrolled for dependent care deductions pursuant to subdivision 7 of
56 section 201-a of the state finance law. Such amounts shall be from funds
A. 7766 9
1 appropriated in this act and shall not be part of basic annual salary
2 for overtime or retirement purposes.
3 § 12. Notwithstanding any provision of law to the contrary, the appro-
4 priations contained in this act shall be available to the state for the
5 payment and publication of grievance and arbitration settlements and
6 awards pursuant to articles 33 and 34 of the collective negotiating
7 agreement between the state and the employee organization representing
8 the collective negotiating unit designated as the professional, scien-
9 tific and technical services unit established pursuant to article 14 of
10 the civil service law.
11 § 13. During the period April 2, 2023 through April 1, 2026, there
12 shall be a statewide labor-management committee continued and adminis-
13 tered pursuant to the terms of the agreement negotiated between the
14 state and an employee organization representing employees in the collec-
15 tive negotiating unit designated as the professional, scientific and
16 technical services unit established pursuant to article 14 of the civil
17 service law which shall after April 2, 2023, have the responsibility of
18 studying, making recommendations concerning the major issues of produc-
19 tivity, the quality of work life and implementing the agreements
20 reached.
21 § 14. Inconvenience pay program. Pursuant to chapter 333 of the laws
22 of 1969, as amended, and an agreement negotiated between the state and
23 an employee organization representing employees in the professional,
24 scientific and technical services unit established pursuant to article
25 14 of the civil service law, an eligible employee shall continue to be
26 paid $575 per year for working four or more hours between the hours of
27 6:00 p.m. and 6:00 a.m. effective April 2, 2011.
28 § 15. Notwithstanding any provision of law to the contrary, effective
29 April 2, 2023, where and to the extent that an agreement between the
30 state and an employee organization so provides for a program concerning
31 a firearms training and safety incentive for peace officers in the
32 professional, scientific and technical services bargaining unit, a lump
33 sum payment for such incentive shall be paid for each year of such
34 program to any employee who is deemed qualified pursuant to such agree-
35 ment. Such payment shall be in an amount negotiated for those employees
36 who meet criteria established by such program. Such payment shall occur
37 at the time prescribed by such program or as soon as practicable there-
38 after. Such lump sum payment shall not be paid in any year an employee
39 does not meet the qualifications and criteria of such program. Such lump
40 sum payment shall be considered salary for overtime purposes.
41 § 16. Notwithstanding any provision of law to the contrary, effective
42 April 2, 2023, where and to the extent that an agreement between the
43 state and an employee organization entered into pursuant to article 14
44 of the civil service law so provides on behalf of certain employees in
45 the collective negotiating unit designated as the professional, scien-
46 tific and technical services unit, and where there exists a policy
47 requiring employees in the fire protection specialist title series at
48 the office of fire prevention and control to wear uniforms, a lump sum
49 uniform allowance shall be paid to covered employees in accordance with
50 the terms of such agreement and policy. Such payments shall be in an
51 amount negotiated for covered employees and shall not be paid in any
52 year where a policy does not exist requiring uniforms in accordance with
53 the terms of the agreement or where an employee is not required to wear
54 a uniform or receives a regular uniform service. Such uniform allowance
55 will cease to exist on April 1, 2026, unless an extension is negotiated
A. 7766 10
1 by the parties. Such lump sum shall be considered salary only for final
2 average salary purposes.
3 § 17. Notwithstanding any provision of law to the contrary, employees
4 in eligible titles who fall under the pilot workers compensation program
5 that was collectively negotiated by the state and an employee organiza-
6 tion shall be paid in accordance with the terms of that agreed upon
7 program.
8 § 18. The salary increases and benefit modifications provided for by
9 this act for state employees in the collective negotiating unit desig-
10 nated as the professional, scientific and technical services unit estab-
11 lished pursuant to article 14 of the civil service law shall not be
12 implemented until the director of employee relations shall have deliv-
13 ered to the director of the budget and the state comptroller a letter
14 certifying that there is in effect with respect to such negotiating unit
15 a collectively negotiated agreement, ratified by the membership, which
16 provides for such increases and modifications and which are fully
17 executed in writing with the state pursuant to article 14 of the civil
18 service law.
19 § 19. Date of entitlement to salary increases. Notwithstanding the
20 provisions of this act or of any other provision of law to the contrary,
21 the increases in salary or compensation to employees provided by this
22 act shall be added to the salary of such employee at the beginning of
23 that payroll period, the first day of which is nearest to the effective
24 dates of such increases as provided in this act, or at the beginning of
25 the earlier of two payroll periods, the first days of which are nearest
26 but equally near to the effective dates of such increases as provided in
27 this act; provided, however, that, for the purposes of determining the
28 salary of such unit members upon reclassification, reallocation,
29 appointment, promotion, transfer, demotion, reinstatement, or other
30 change of status, such salary increases shall be deemed to be effective
31 on the dates thereof as prescribed by this act, with payment thereof
32 pursuant to this section on a date prior thereto, instead of on such
33 effective dates, and shall not operate to confer any additional salary
34 rights or benefits on such unit members. Payment of such salary
35 increases may be deferred pursuant to section twenty of this act.
36 § 20. Deferred payment of salary increase. Notwithstanding the
37 provisions of any other section of this act or any other provision of
38 law to the contrary, pending payment pursuant to this act of the basic
39 annual salaries of incumbents of positions subject to this act, such
40 incumbents shall receive, as partial compensation for services rendered,
41 the rate of salary and other compensation otherwise payable in their
42 respective positions. An incumbent holding a position subject to this
43 act at any time during the period from April 1, 2023, until the time
44 when basic annual salaries and other compensation due are first paid
45 pursuant to this act for such services in excess of the salary and other
46 compensation actually received therefor, shall be entitled to a lump sum
47 payment for the difference between the salary and other compensation to
48 which such incumbent is entitled for such services and the salary and
49 other compensation actually received pursuant to the terms of an agree-
50 ment between the state and the employee organization representing the
51 employees covered by this act.
52 § 21. Use of appropriations. Notwithstanding any provision of the
53 state finance law or any other provision of law to the contrary, the
54 state comptroller is authorized to pay any amounts required during the
55 fiscal year commencing April 1, 2023 by the provisions of this act for
56 any state department or agency from any appropriation or other funds
A. 7766 11
1 available to such state department or agency for personal service or for
2 other related employee benefits during such fiscal year. To the extent
3 that such appropriations are insufficient in any fund to accomplish the
4 purposes herein set forth, the director of the budget is authorized to
5 allocate to the various departments and agencies, from any appropri-
6 ations available in any fund, the amounts necessary to pay such amounts.
7 The aforementioned appropriations shall be available for payment of any
8 liabilities or obligations incurred prior to April 1, 2023 in addition
9 to current liabilities.
10 § 22. Effect of participation in special annuity program. No officer
11 or employee participating in a special annuity program pursuant to the
12 provisions of article 8-C of the education law shall, by reason of an
13 increase in compensation pursuant to this act, suffer any reduction of
14 the salary adjustment to which he or she would otherwise be entitled by
15 reason of participation in such program, and such salary adjustment
16 shall be based upon the salary of such officer or employee without
17 regard to the reduction authorized by such article.
18 § 23. Notwithstanding any provision of the state finance law or any
19 other provision of law to the contrary, the sum of $414,000,000 is here-
20 by appropriated in the general fund/state purposes account (10050) in
21 miscellaneous-all state departments and agencies solely for
22 apportionment/transfer by the director of the budget for use by any
23 state department or agency in any fund for the period April 1, 2023
24 through March 31, 2024 to supplement appropriations for personal
25 service, other than personal service and fringe benefits, and to carry
26 out the provisions of this act. No money shall be available for expendi-
27 ture from this appropriation until a certificate of approval has been
28 issued by the director of the budget and a copy of such certificate or
29 any amendment thereto has been filed with the state comptroller, the
30 chair of the senate finance committee and the chair of the assembly ways
31 and means committee. The monies hereby appropriated are available for
32 payment of any liabilities or obligations incurred prior to or during
33 the period April 1, 2023 through March 31, 2024. For this purpose, the
34 monies appropriated shall remain in full force and effect for the
35 payment of liabilities incurred on or before March 31, 2024.
36 § 24. The several amounts as hereinafter set forth, or so much thereof
37 as may be necessary, are hereby appropriated from the fund so designated
38 for use by any state department or agency for the period commencing
39 April 1, 2023 through March 31, 2024 to supplement appropriations from
40 each respective fund available for other than personal service and
41 fringe benefits, and to carry out the provisions of this act. The monies
42 hereby appropriated are available for payment of any liabilities or
43 obligations incurred prior to or during the period commencing April 1,
44 2023 through March 31, 2024. No money shall be available for expendi-
45 ture from the monies appropriated until a certificate of approval has
46 been issued by the director of the budget and a copy of such certificate
47 or any amendment thereto has been filed with the state comptroller, the
48 chair of the senate finance committee and the chair of the assembly ways
49 and means committee.
50 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES LABOR MANAGEMENT
51 COMMITTEES
52 General Fund/State Operations State Purposes Account - 10050
53 Professional, Scientific and Technical Services Unit
54 Professional development and quality of work-
A. 7766 12
1 ing life committee ............................. 177,352
2 Health and Safety ................................ 230,223
3 PSTP Program ................................... 1,603,676
4 Joint Funded Programs ............................ 608,101
5 Multi-Funded Programs ............................ 321,074
6 Professional Development for Nurses .............. 167,313
7 Property Damage .................................... 6,927
8 Work-Life Services ............................... 773,186
9 Joint Committee on Health Benefits ............... 167,312
10 Contract Administration ........................... 50,000
11 § 25. This act shall take effect immediately and shall be deemed to
12 have been in full force and effect on and after April 2, 2023. Appropri-
13 ations made by this act shall remain in full force and effect for
14 liabilities incurred through March 31, 2024.
------------------------------------------------------------------------
REPEAL NOTE.--Subparagraphs 1, 2, 3 and 4 of paragraph c of subdivi-
sion 1 of section 130 of the civil service law, repealed by section one
of this act, provided a salary schedule for state employees in the
professional, scientific and technical services unit and is replaced by
revised salary schedules in new subparagraphs 1, 2 and 3.
15 PART B
16 SALARIES AND BENEFITS FOR CERTAIN STATE
17 OFFICERS AND EMPLOYEES EXCLUDED FROM
18 COLLECTIVE NEGOTIATING UNITS FOR 2023-2026
19 Section 1. Subparagraphs 1 and 2 of paragraph d of subdivision 1 of
20 section 130 of the civil service law are REPEALED and three new subpara-
21 graphs 1, 2 and 3 are added to read as follows:
22 (1) Effective April first, two thousand twenty-three:
23 HIRINGJOB
24 GRADERATERATE
25 M/C 3$29,747$38,030
26 M/C 4$31,061$39,755
27 M/C 5$32,924$41,685
28 M/C 6$34,321$43,822
29 M/C 7$36,299$46,194
30 M/C 8$38,293$48,575
31 M/C 9$40,481$51,160
32 M/C 10$42,662$54,000
33 M/C 11$45,250$56,996
34 M/C 12$47,639$59,986
35 M/C 13$50,408$63,319
36 M/C 14$53,403$66,801
37 M/C 15$56,375$70,407
38 M/C 16$59,553$74,163
39 M/C 17$62,933$78,255
40 M/C 18$63,266$78,505
41 M/C 19$66,660$82,588
42 M/C 20$70,058$86,730
43 M/C 21$73,836$91,210
44 M/C 22$77,804$96,002
45 M/C 23$81,792$102,189
46 M 1$88,283$111,592
A. 7766 13
1 M 2$97,908$123,761
2 M 3$108,665$137,319
3 M 4$120,187$151,674
4 M 5$133,453$168,606
5 M 6$147,758$185,851
6 M 7$162,868$201,711
7 M 8$137,322 ±
8 (2) Effective April first, two thousand twenty-four:
9 HIRINGJOB
10 GRADERATERATE
11 M/C 3$30,639$39,171
12 M/C 4$31,993$40,948
13 M/C 5$33,912$42,936
14 M/C 6$35,351$45,137
15 M/C 7$37,388$47,580
16 M/C 8$39,442$50,032
17 M/C 9$41,695$52,695
18 M/C 10$43,942$55,620
19 M/C 11$46,608$58,706
20 M/C 12$49,068$61,786
21 M/C 13$51,920$65,219
22 M/C 14$55,005$68,805
23 M/C 15$58,066$72,519
24 M/C 16$61,340$76,388
25 M/C 17$64,821$80,603
26 M/C 18$65,164$80,860
27 M/C 19$68,660$85,066
28 M/C 20$72,160$89,332
29 M/C 21$76,051$93,946
30 M/C 22$80,138$98,882
31 M/C 23$84,246$105,255
32 M 1$90,931$114,940
33 M 2$100,845$127,474
34 M 3$111,925$141,439
35 M 4$123,793$156,224
36 M 5$137,457$173,664
37 M 6$152,191$191,427
38 M 7$167,754$207,762
39 M 8$141,442 ±
40 (3) Effective April first, two thousand twenty-five:
41 HIRINGJOB
42 GRADERATERATE
43 M/C 3$31,558$40,346
44 M/C 4$32,953$42,176
45 M/C 5$34,929$44,224
46 M/C 6$36,412$46,491
47 M/C 7$38,510$49,007
48 M/C 8$40,625$51,533
49 M/C 9$42,946$54,276
50 M/C 10$45,260$57,289
51 M/C 11$48,006$60,467
52 M/C 12$50,540$63,640
53 M/C 13$53,478$67,176
54 M/C 14$56,655$70,869
A. 7766 14
1 M/C 15$59,808$74,695
2 M/C 16$63,180$78,680
3 M/C 17$66,766$83,021
4 M/C 18$67,119$83,286
5 M/C 19$70,720$87,618
6 M/C 20$74,325$92,012
7 M/C 21$78,333$96,764
8 M/C 22$82,542$101,848
9 M/C 23$86,773$108,413
10 M 1$93,659$118,388
11 M 2$103,870$131,298
12 M 3$115,283$145,682
13 M 4$127,507$160,911
14 M 5$141,581$178,874
15 M 6$156,757$197,170
16 M 7$172,787$213,995
17 M 8$145,685 ±
18 § 2. Subdivision 1 of section 19 of the correction law is REPEALED and
19 a new subdivision 1 is added to read as follows:
20 1. This section shall apply to each superintendent of a correctional
21 facility appointed on or after August ninth, nineteen hundred seventy-
22 five and any superintendent heretofore appointed who elects to be
23 covered by the provisions thereof by filing such election with the
24 commissioner.
25 a. The salary schedule for superintendents of a correctional facility
26 with an incarcerated individual population capacity of four hundred or
27 more incarcerated individuals shall be as follows:
28 Effective April first, two thousand twenty-three:
29 Hiring RateJob Rate
30 $139,737$190,694
31 Effective April first, two thousand twenty-four:
32 Hiring RateJob Rate
33 $143,929$196,415
34 Effective April first, two thousand twenty-five:
35 Hiring RateJob Rate
36 $148,247$202,307
37 b. The salary schedule for superintendents of correctional facilities
38 with an incarcerated individual population capacity of fewer than four
39 hundred incarcerated individuals shall be as follows:
40 Effective April first, two thousand twenty-three:
41 Hiring RateJob Rate
42 $108,665$137,321
43 Effective April first, two thousand twenty-four:
44 Hiring RateJob Rate
45 $111,925$141,441
46 Effective April first, two thousand twenty-five:
47 Hiring RateJob Rate
48 $115,283$145,684
49 § 3. Lump sum payment. 1. The provisions of this section shall apply
50 to the following annual-salaried state officers and employees: (a) offi-
51 cers and employees whose positions are designated managerial or confi-
52 dential pursuant to article 14 of the civil service law; (b) civilian
53 state employees of the division of military and naval affairs in the
54 executive department whose positions are not in, or are excluded from
A. 7766 15
1 representation rights in, any recognized or certified negotiating unit;
2 (c) officers and employees excluded from representation rights under
3 article 14 of the civil service law pursuant to rules or regulations of
4 the public employment relations board; and (d) officers and employees
5 whose salaries are prescribed by section 19 of the correction law.
6 2. A lump sum payment of $3,000 shall be made to each employee in
7 full-time annual salaried employment status who was (i) active August 2,
8 2022 and (ii) in continuous service, as defined by paragraph c of subdi-
9 vision 3 of section 130 of the civil service law, from that date until
10 March 30, 2023 for officers and employees on the administrative payroll
11 and effective April 6, 2023 for officers and employees on the institu-
12 tional payroll. Such lump sum shall not be considered salary for retire-
13 ment purposes nor shall it become part of basic annual salary. Notwith-
14 standing the foregoing provisions of this subdivision, officers and
15 employees who would have otherwise been eligible to receive such lump
16 sum payment, but who were not on the payroll on such date, shall be
17 eligible for said payment if they return to full-time employment status
18 during the fiscal year 2024 without a break in continuous service. Such
19 payment shall be pro-rated for employees in less than full-time annual
20 salaried service.
21 3. Notwithstanding any of the foregoing provisions of this section or
22 any law to the contrary, the lump sum payment of $3,000 may be withheld
23 in whole or in part from any employee to whom the provisions of this
24 section apply pursuant to section twelve of this act.
25 § 4. Compensation for certain state officers and employees. 1. The
26 provisions of this section shall apply to the following annual-salaried
27 state officers and employees: (a) officers and employees whose positions
28 are designated managerial or confidential pursuant to article 14 of the
29 civil service law; (b) civilian state employees of the division of mili-
30 tary and naval affairs in the executive department whose positions are
31 not in, or are excluded from representation rights in, any recognized or
32 certified negotiating unit; (c) officers and employees excluded from
33 representation rights under article 14 of the civil service law pursuant
34 to rules or regulations of the public employment relations board; and
35 (d) officers and employees whose salaries are prescribed by section 19
36 of the correction law.
37 2. For such officers and employees the following increases shall
38 apply: effective April 1, 2023 the basic annual salary of officers and
39 employees to whom the provisions of this subdivision apply shall be
40 increased by three percent adjusted to the nearest whole dollar amount,
41 effective April 1, 2024 the basic annual salary of officers and employ-
42 ees to whom the provisions of this subdivision apply shall be increased
43 by three percent adjusted to the nearest whole dollar amount, and effec-
44 tive April 1, 2025 the basic annual salary of officers and employees to
45 whom the provisions of this subdivision apply shall be increased by
46 three percent adjusted to the nearest whole dollar amount.
47 3. If an unencumbered position is one that, if encumbered, would be
48 subject to the provisions of this section, the salary of such position
49 shall be increased by the salary increase amount specified in this
50 section. If a position is created and is filled by the appointment of an
51 officer or employee who is subject to the provisions of this section,
52 the salary otherwise provided for such position shall be increased in
53 the same manner as though such position had been in existence but unen-
54 cumbered.
55 4. The increase in salary payable pursuant to this section shall apply
56 on a pro-rated basis in accordance with guidelines issued by the direc-
A. 7766 16
1 tor of the budget to officers and employees otherwise eligible to
2 receive an increase in salary pursuant to this act who are paid on an
3 hourly or per diem basis, employees serving on a part-time or seasonal
4 basis, and employees paid on any basis other than at an annual salary
5 rate.
6 5. Notwithstanding any of the foregoing provisions of this section,
7 the provisions of this section shall not apply to the following except
8 as otherwise provided by law: (a) officers or employees paid on a fee
9 schedule basis; (b) officers or employees whose salaries are prescribed
10 by section 40, 60 or 169 of the executive law; (c) officers or employees
11 in collective negotiating units established pursuant to article 14 of
12 the civil service law.
13 6. Officers and employees to whom the provisions of this section apply
14 who are incumbents of positions that are not allocated to salary grades
15 specified in paragraph d of subdivision 1 of section 130 of the civil
16 service law and whose salary is not prescribed in any other statute
17 shall receive the salary increases specified in subdivision two of this
18 section.
19 7. In order to provide for the officers and employees to whom this
20 section applies who are not allocated to salary grades, performance
21 advancements, merit awards, longevity payments and in lieu payments, and
22 special achievement awards in proportion to those provided to persons to
23 whom this section applies who are allocated to salary grades, the direc-
24 tor of the budget is authorized to add appropriate adjustments to the
25 compensation that such officers and employees are otherwise entitled to
26 receive. The director of the budget shall issue certificates that shall
27 contain schedules of positions and the salaries or payments thereof for
28 which adjustments or payments are made pursuant to the provisions of
29 this subdivision, and a copy of each such certificate shall be filed
30 with the state comptroller, the department of civil service, the chair
31 of the senate finance committee and the chair of the assembly ways and
32 means committee.
33 8. Notwithstanding any of the foregoing provisions of this section,
34 any increase in compensation for any officer or employee appointed to a
35 lower graded position from a redeployment list pursuant to subdivision 1
36 of section 79 of the civil service law who continues to receive his or
37 her former salary pursuant to such subdivision shall be determined on
38 the basis of such lower graded position provided, however, that the
39 increases in salary provided in subdivision two of this section shall
40 not cause such officer's or employee's salary to exceed the job rate of
41 any such lower graded position at salary grade.
42 9. Notwithstanding any of the foregoing provisions of this section or
43 of any law to the contrary, the director of the budget may reduce the
44 salary of any position which is vacant or which becomes vacant, so long
45 as the position, if encumbered, would be subject to the provisions of
46 this section. The director of the budget does not need to provide a
47 reason for such reduction.
48 § 5. Compensation for certain state officers and employees in the
49 division of state police. 1. The provisions of this section shall apply
50 to officers and employees whose salaries are provided for by paragraph
51 (a) of subdivision 1 of section 215 of the executive law.
52 2. Effective April 1, 2023 the basic annual salary of officers and
53 employees to whom the provisions of this subdivision apply shall be
54 increased by three percent adjusted to the nearest whole dollar amount,
55 effective April 1, 2024 the basic annual salary of officers and employ-
56 ees to whom the provisions of this subdivision apply shall be increased
A. 7766 17
1 by three percent adjusted to the nearest whole dollar amount, and effec-
2 tive April 1, 2025 the basic annual salary of officers and employees to
3 whom the provisions of this subdivision apply shall be increased by
4 three percent adjusted to the nearest whole dollar amount.
5 3. The increase in salary payable pursuant to this section shall apply
6 on a pro-rated basis in accordance with guidelines issued by the direc-
7 tor of the budget to officers and employees otherwise eligible to
8 receive an increase in salary pursuant to this act who are paid on an
9 hourly or per diem basis, employees serving on a part-time or seasonal
10 basis, and employees paid on any basis other than at an annual salary
11 rate.
12 4. Notwithstanding any of the foregoing provisions of this section,
13 any increase in compensation for any officer or employee appointed to a
14 lower graded position from a redeployment list pursuant to subdivision 1
15 of section 79 of the civil service law who continues to receive his or
16 her former salary pursuant to such subdivision shall be determined on
17 the basis of such lower graded position provided, however, that the
18 increase in salary provided in subdivision two of this section shall not
19 cause such officer's or employee's salary to exceed the job rate of any
20 such lower graded position at salary grade.
21 § 6. Compensation for certain state employees in the state university
22 and certain employees of contract colleges at Cornell and Alfred univer-
23 sities. 1. (a) Effective April 1, 2023, the basic annual salary of
24 incumbents of positions in the professional service in the state univer-
25 sity that are designated, stipulated, or excluded from negotiating units
26 as managerial or confidential as defined pursuant to article 14 of the
27 civil service law, may be increased pursuant to plans approved by the
28 state university trustees. Such increase in basic annual salary rates
29 shall not exceed in the aggregate three percent of the total basic annu-
30 al salary rates in effect on March 31, 2023.
31 (b) Effective April 1, 2024, the basic annual salary of incumbents of
32 positions in the professional service in the state university that are
33 designated, stipulated, or excluded from negotiating units as managerial
34 or confidential as defined pursuant to article 14 of the civil service
35 law, may be increased pursuant to plans approved by the state university
36 trustees. Such increase in basic annual salary rates shall not exceed
37 in the aggregate three percent of the total basic annual salary rates in
38 effect on March 31, 2024.
39 (c) Effective April 1, 2025, the basic annual salary of incumbents of
40 positions in the professional service in the state university that are
41 designated, stipulated, or excluded from negotiating units as managerial
42 or confidential as defined pursuant to article 14 of the civil service
43 law, may be increased pursuant to plans approved by the state university
44 trustees. Such increase in basic annual salary rates shall not exceed
45 in the aggregate three percent of the total basic annual salary rates in
46 effect on March 31, 2025.
47 2. (a) Effective April 1, 2023, the basic annual salary of incumbents
48 of positions in the institutions under the management and control of
49 Cornell and Alfred universities as representatives of the board of trus-
50 tees of the state university that, in the opinion of the director of
51 employee relations, would be designated managerial or confidential were
52 they subject to article 14 of the civil service law may be increased
53 pursuant to plans approved by the state university trustees. Such
54 increase in basic annual salary rates shall not exceed in the aggregate
55 three percent of the total basic annual salary rates in effect March 31,
56 2023.
A. 7766 18
1 (b) Effective April 1, 2024, the basic annual salary of incumbents of
2 positions in the institutions under the management and control of
3 Cornell and Alfred universities as representatives of the board of trus-
4 tees of the state university that, in the opinion of the director of
5 employee relations, would be designated managerial or confidential were
6 they subject to article 14 of the civil service law may be increased
7 pursuant to plans approved by the state university trustees. Such
8 increase in basic annual salary rates shall not exceed in the aggregate
9 three percent of the total basic annual salary rates in effect March 31,
10 2024.
11 (c) Effective April 1, 2025, the basic annual salary of incumbents of
12 positions in the institutions under the management and control of
13 Cornell and Alfred universities as representatives of the board of trus-
14 tees of the state university that, in the opinion of the director of
15 employee relations, would be designated managerial or confidential were
16 they subject to article 14 of the civil service law may be increased
17 pursuant to plans approved by the state university trustees. Such
18 increase in basic annual salary rates shall not exceed in the aggregate
19 three percent of the total basic annual salary rates in effect March 31,
20 2025.
21 3. (a) During the period April 1, 2023 through March 31, 2024, the
22 basic annual salary of incumbents of positions in the non-professional
23 service that, in the opinion of the director of employee relations,
24 would be designated managerial or confidential were they subject to
25 article 14 of the civil service law, except those positions in the
26 Cornell service and maintenance unit that are subject to the terms of a
27 collective bargaining agreement between Cornell university and the
28 employee organization representing employees in such positions and
29 except those positions in the Alfred service and maintenance unit that
30 are subject to the terms of a collective bargaining agreement between
31 Alfred university and the employee organization representing employees
32 in such positions, in institutions under the management and control of
33 Cornell and Alfred universities as representatives of the board of trus-
34 tees of the state university may be increased pursuant to plans approved
35 by the state university trustees. Such plans may include a new salary
36 schedule which shall supersede the salary schedules then in effect
37 applicable to such employees. Such plans shall provide for an increase
38 in basic annual salary, which, exclusive of performance advancement
39 payments or merit recognition payments, shall not exceed in the aggre-
40 gate three percent of the total basic annual salary rates in effect on
41 March 31, 2023.
42 (b) During the period April 1, 2024 through March 31, 2025, the basic
43 annual salary of incumbents of positions in the non-professional service
44 that, in the opinion of the director of employee relations, would be
45 designated managerial or confidential were they subject to article 14 of
46 the civil service law, except those positions in the Cornell service and
47 maintenance unit that are subject to the terms of a collective bargain-
48 ing agreement between Cornell university and the employee organization
49 representing employees in such positions and except those positions in
50 the Alfred service and maintenance unit that are subject to the terms of
51 a collective bargaining agreement between Alfred university and the
52 employee organization representing employees in such positions, in
53 institutions under the management and control of Cornell and Alfred
54 universities as representatives of the board of trustees of the state
55 university may be increased pursuant to plans approved by the state
56 university trustees. Such plans may include a new salary schedule which
A. 7766 19
1 shall supersede the salary schedules then in effect applicable to such
2 employees. Such plans shall provide for an increase in basic annual
3 salary, which, exclusive of performance advancement payments or merit
4 recognition payments, shall not exceed in the aggregate three percent of
5 the total basic annual salary rates in effect on March 31, 2024.
6 (c) During the period April 1, 2025 through March 31, 2026, the basic
7 annual salary of incumbents of positions in the non-professional service
8 that, in the opinion of the director of employee relations, would be
9 designated managerial or confidential were they subject to article 14 of
10 the civil service law, except those positions in the Cornell service and
11 maintenance unit that are subject to the terms of a collective bargain-
12 ing agreement between Cornell university and the employee organization
13 representing employees in such positions and except those positions in
14 the Alfred service and maintenance unit that are subject to the terms of
15 a collective bargaining agreement between Alfred university and the
16 employee organization representing employees in such positions, in
17 institutions under the management and control of Cornell and Alfred
18 universities as representatives of the board of trustees of the state
19 university may be increased pursuant to plans approved by the state
20 university trustees. Such plans may include a new salary schedule which
21 shall supersede the salary schedules then in effect applicable to such
22 employees. Such plans shall provide for an increase in basic annual
23 salary, which, exclusive of performance advancement payments or merit
24 recognition payments, shall not exceed in the aggregate three percent of
25 the total basic annual salary rates in effect on March 31, 2025.
26 4. For the purposes of this section, the basic annual salary of an
27 employee is that salary that is obtained through direct appropriation of
28 state moneys for the purpose of paying wages. Nothing in this part shall
29 prevent increasing amounts paid to incumbents of such positions in the
30 professional service in addition to the basic annual salary, provided,
31 however, that the amounts required for such increase and the cost of
32 fringe benefits attributable to such increase, as determined by the
33 comptroller, are made available to the state in accordance with the
34 procedures established by the state university, with the approval of the
35 director of the budget, for such purposes.
36 5. Notwithstanding any of the foregoing provisions of this section or
37 any law to the contrary, any increase in compensation may be withheld in
38 whole or in part from any employee to whom the provisions of this
39 section apply pursuant to section twelve of this act.
40 § 7. Compensation for certain state employees in the state university
41 that are designated, stipulated, or excluded from negotiating units as
42 managerial or confidential pursuant to article 14 of the civil service
43 law and certain employees of contract colleges at Cornell and Alfred
44 universities.
45 1. The provisions of this subdivision shall apply only to incumbents
46 of positions in bargaining unit 13 in the professional service of the
47 state university that are designated, stipulated or excluded from nego-
48 tiating units as managerial or confidential pursuant to article 14 of
49 the civil service law. For each of the years 2023, 2024, 2025 and 2026,
50 there shall be available an amount equal to one percent of the total of
51 the basic annual salaries on June 30 of each such year of incumbents to
52 whom the provisions of this subdivision apply, for distribution to such
53 incumbents on the payroll on June 30 of each such year and at the time
54 of payment by the state university trustees in their discretion, and
55 subject to the approval of the chancellor and the director of the budg-
56 et. Such distributions as described in this paragraph shall occur not
A. 7766 20
1 later than December 31 of each year, and shall be retroactive to July 1
2 of such year. Subject to the approval of the state university trustees,
3 in their discretion, and subject to the approval of the chancellor and
4 the director of the budget, there shall also be an amount available in
5 2024 and 2025 for a lump sum payment consistent with any lump sum nego-
6 tiated for the professional services negotiation unit within the univer-
7 sity.
8 2. The compensation increases in subdivision one of this section may
9 also be provided by Cornell and Alfred universities, within available
10 appropriations, at their discretion, and with the requisite approval of
11 the state university trustees and the director of the budget, to incum-
12 bents of positions in the institutions under the management of Cornell
13 and Alfred universities as representative of the board of trustees of
14 the state university of New York that, in the opinion of the director of
15 employee relations, would be designated managerial or confidential were
16 they subject to article 14 of the civil service law.
17 § 8. Location compensation for certain state officers and employees.
18 1. This section shall apply to all full-time annual salaried state offi-
19 cers and employees and non-annual salaried seasonal state officers and
20 employees except the following:
21 (a) officers and employees of the legislature and the judiciary,
22 including officers and employees of boards, bodies and commissions that
23 are deemed to be part of the legislature or judiciary for the purposes
24 of section 49 of the state finance law;
25 (b) officers and employees whose salaries are prescribed by or deter-
26 mined in accordance with section 40, 60, 169, 215 or 216 of the execu-
27 tive law;
28 (c) incumbents of allocated or unallocated positions in the profes-
29 sional service in the state university and in institutions under the
30 management and control of Cornell and Alfred universities as represen-
31 tatives of the board of trustees of the state university; and
32 (d) officers and employees who are in recognized or certified collec-
33 tive negotiating units pursuant to article 14 of the civil service law.
34 2. Notwithstanding the provisions of section 15 of chapter 333 of the
35 laws of 1969, as amended, officers and employees subject to this section
36 whose principal place of employment or, in the case of field employees,
37 whose official station as determined in accordance with the regulations
38 of the state comptroller is located:
39 (a) in the county of Monroe and who were eligible to receive location
40 pay on March 31, 1985, shall receive location pay at the rate of $200
41 per year provided they continue to be otherwise eligible.
42 (b) in the city of New York, or in the county of Rockland, Westches-
43 ter, Nassau, or Suffolk shall continue to receive a downstate adjustment
44 at the rate of $3,026 effective October 1, 2008. Such amount shall
45 increase to $3,087 effective April 1, 2023. Such amount shall increase
46 to $3,400 effective April 1, 2024. Such amount shall increase to $4,000
47 effective April 1, 2025.
48 (c) in the county of Dutchess, Orange, or Putnam shall continue to
49 receive a mid-Hudson adjustment at the rate of $1,513 effective October
50 1, 2008. Such amount shall increase to $1,543 effective April 1, 2023.
51 Such amount shall increase to $1,650 effective April 1, 2024. Such
52 amount shall increase to $2,000 effective April 1, 2025.
53 3. Such location payments shall be in addition to and shall not be a
54 part of an employee's basic annual salary and shall not affect or impair
55 any advancements or other rights or benefits to which an employee may be
56 entitled by law, provided, however, that location payments shall be
A. 7766 21
1 included as compensation for purposes of computation of overtime pay and
2 for retirement purposes.
3 4. For the sole purpose of continuing eligibility for location pay in
4 Monroe county, an employee previously eligible to receive location pay
5 on March 31, 1985 who is on an approved leave of absence or participates
6 in an employer program to reduce to part-time service during summer
7 months shall continue to be eligible for said location pay upon return
8 to full-time state service in Monroe county.
9 § 9. Continuation of location compensation for certain officers and
10 employees of the Hudson Valley developmental disabilities services
11 office. 1. Notwithstanding any law, rule or regulation to the contrary,
12 any officer or employee of the Hudson Valley developmental disabilities
13 services office not represented in collective negotiating units estab-
14 lished pursuant to article 14 of the civil service law who is receiving
15 location pay pursuant to section 5 of chapter 174 of the laws of 1993
16 shall continue to receive such location pay under the conditions and at
17 the rates specified by such section.
18 2. Notwithstanding section eight of this act or any other law, rule or
19 regulation to the contrary, any officer or employee of the Hudson Valley
20 developmental disabilities services office not represented in collective
21 negotiating units established pursuant to article 14 of the civil
22 service law who is receiving location pay pursuant to said section eight
23 of this act shall continue to be eligible for such location pay if such
24 officer's or employee's principal place of employment is changed to a
25 location outside of the county of Rockland as the result of a reduction
26 or redeployment of staff, provided, however, that such officer or
27 employee is reassigned to or otherwise appointed or promoted to a
28 different position at another work location within such Hudson Valley
29 developmental disabilities services office located outside of the county
30 of Rockland. The rate of such continued location pay shall not exceed
31 the rate such officer or employee is receiving on the date of such reas-
32 signment, appointment, or promotion.
33 § 10. Overtime meal allowance. Notwithstanding any other provision of
34 law to the contrary, individuals in positions in the classified service
35 of the state of New York designated managerial or confidential pursuant
36 to article 14 of the civil service law, shall continue to receive,
37 effective April 1, 2011, an overtime meal allowance in the amount of
38 $5.50 pursuant to eligibility guidelines developed by the director of
39 employee relations.
40 § 11. Effect of participation in special annuity program. No officer
41 or employee participating in a special annuity program pursuant to the
42 provisions of article 8-C of the education law shall, by reason of an
43 increase in compensation pursuant to this act, suffer any reduction of
44 the salary adjustment to which that employee would otherwise be entitled
45 by reason of participation in such program, and such salary adjustment
46 shall be based upon the salary of such officer or employee without
47 regard to the reduction authorized by such article.
48 § 12. 1. Notwithstanding the provisions of any other section of this
49 act or any other provision of law to the contrary, any increase in
50 compensation provided: (a) in this act, or (b) as a result of a
51 promotion, appointment, or advancement to a position in a higher salary
52 grade, or (c) pursuant to paragraph (c) of subdivision 6 of section 131
53 of the civil service law, or (d) pursuant to paragraph (b) of subdivi-
54 sion 8 of section 130 of the civil service law, or (e) pursuant to para-
55 graph (a) of subdivision 3 of section 13 of chapter 732 of the laws of
56 1988, as amended, may be withheld in whole or in part from any officer
A. 7766 22
1 or employee when, in the opinion of the director of the budget, such
2 withholding is necessary to reflect the job performance of such officer
3 or employee, or to maintain appropriate salary relationships among offi-
4 cers or employees of the state, or to reduce state expenditures to
5 acceptable levels or when, in the opinion of the director of the budget,
6 such increase is not warranted or is not appropriate. As a result of an
7 exercise of the director's authority under this act to withhold any
8 increase, such salary schedules as defined in section one of this act
9 shall be implemented and/or modified by the director of the budget, as
10 necessary, consistent with the provision or withholding of such
11 increases pursuant to this section.
12 2. Notwithstanding the provisions of any other section of this act,
13 the salary increase provided for in this act shall not be implemented
14 until the director of the budget delivers notice to the state comp-
15 troller that such amounts may be paid.
16 § 13. Notwithstanding any provision of law to the contrary, the appro-
17 priations contained in this act shall be available to the state for the
18 payment of grievance settlements and awards pursuant to executive order
19 42, dated October 14, 1970, and title 9, part 560, official compilation
20 of codes, rules and regulations of the state of New York.
21 § 14. Date of entitlement to salary increase. Notwithstanding the
22 provisions of this act or of any other law, the increase in salary or
23 compensation of any officer or employee provided by this act shall be
24 added to the salary or compensation of such officer or employee at the
25 beginning of that payroll period the first day of which is nearest to
26 the effective date of such increases as provided in this act, or at the
27 beginning of the earlier of two payroll periods the first days of which
28 are nearest but equally near to the effective dates of such increases as
29 provided in this act, provided, however, that for the purposes of deter-
30 mining the salary of such officer or employee upon reclassification,
31 reallocation, appointment, promotion, transfer, demotion, reinstatement
32 or other change of status, such salary increase shall be deemed to be
33 effective on the date thereof as prescribed in this act, and the payment
34 thereof pursuant to this section on a date prior thereto, instead of on
35 such effective date, shall not operate to confer any additional salary
36 rights or benefits on such officer or employee. Payment of such salary
37 increase may be deferred pursuant to section fifteen of this act.
38 § 15. Deferred payment of salary increases. Notwithstanding the
39 provisions of any other section of this act or any other provision of
40 law to the contrary, pending payment pursuant to this act of the basic
41 annual salaries of incumbents of positions subject to this act, such
42 incumbents shall receive, as partial compensation for services rendered,
43 the rate of salary and other compensation otherwise payable in their
44 respective positions. An incumbent holding a position subject to this
45 act at any time during the period from April 1, 2023, until the time
46 when basic annual salaries and other compensation due are first paid
47 pursuant to this act for such services in excess of the salary and other
48 compensation actually received therefor, shall be entitled to a lump sum
49 payment for the difference between the salary and other compensation to
50 which such incumbent is entitled for such services and the salary and
51 other compensation actually received.
52 § 16. Use of appropriations. Notwithstanding any provision of the
53 state finance law or any other provision of law to the contrary, the
54 state comptroller is authorized to pay any amounts required during the
55 fiscal year commencing April 1, 2023 by the provisions of this act for
56 any state department or agency from any appropriation or other funds
A. 7766 23
1 available to such state department or agency for personal service or for
2 other related employee benefits during such fiscal year. To the extent
3 that such appropriations are insufficient in any fund to accomplish the
4 purposes herein set forth, the director of the budget is authorized to
5 allocate to the various departments and agencies, from any appropri-
6 ations available in any fund, the amounts necessary to pay such amounts.
7 The aforementioned appropriations shall be available for payment of any
8 liabilities or obligations incurred prior to April 1, 2023 in addition
9 to current liabilities.
10 § 17. Notwithstanding any provision of the state finance law or any
11 other provision of law to the contrary, the sum of $114,000,000 is here-
12 by appropriated in the general fund/state purposes account (10050) in
13 miscellaneous-all state departments and agencies solely for
14 apportionment/transfer by the director of the budget for use by any
15 state department or agency in any fund for the state fiscal year April
16 1, 2023 through March 31, 2024 to supplement appropriations for personal
17 service, other than personal service and fringe benefits, and to carry
18 out the provisions of this act. No money shall be available for expendi-
19 ture from this appropriation until a certificate of approval has been
20 issued by the director of the budget and a copy of such certificate or
21 any amendment thereto has been filed with the state comptroller, the
22 chair of the senate finance committee and the chair of the assembly ways
23 and means committee. The monies hereby appropriated are available for
24 payment of any liabilities or obligations incurred prior to or during
25 the state fiscal year April 1, 2023 through March 31, 2024. For this
26 purpose, the monies appropriated shall remain in full force and effect
27 for the payment of liabilities incurred on or before March 31, 2024.
28 § 18. This act shall take effect immediately and shall be deemed to
29 have been in full force and effect on and after April 1, 2023. Appropri-
30 ations made by this act shall remain in full force and effect for
31 liabilities incurred through March 31, 2024.
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REPEAL NOTE.--Subparagraphs 1 and 2 of paragraph d of subdivision 1 of
section 130 of the civil service law, repealed by section one of this
act, provided a salary schedule for state employees who are officers and
employees excluded from representation and are replaced by revised sala-
ry schedules in new subparagraphs 1, 2 and 3. Subdivision 1 of section
19 of the correction law, repealed by section two of this act, provided
for salaries for certain superintendents of correction facilities, and
is replaced by a new subdivision 1.
32 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
33 sion, section or part contained in any part of this act shall be
34 adjudged by any court of competent jurisdiction to be invalid, such
35 judgment shall not affect, impair, or invalidate the remainder thereof,
36 but shall be confined in its operation to the clause, sentence, para-
37 graph, subdivision, section or part contained in any part thereof
38 directly involved in the controversy which such judgment shall have been
39 rendered. It is hereby declared to be the intent of the legislature that
40 this act would have been enacted even if such invalid provisions had not
41 been included herein.
42 § 3. This act shall take effect immediately provided, however, that
43 the applicable effective date of Parts A through B of this act shall be
44 as specifically set forth in the last section of such Part.
