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A08799 Summary:

BILL NOA08799
 
SAME ASSAME AS S08383
 
SPONSORTorres
 
COSPNSR
 
MLTSPNSR
 
 
Provides for the adjustment of stipends of certain incumbents in the state university of New York and designating moneys therefor; continues a doctoral program recruitment and retention enhancement fund; continues work-life services and pre-tax programs; continues a professional development committee; continues a comprehensive college graduate program recruitment and retention fund; continues a fee mitigation fund; continues a downstate location fund; continues a joint labor management advisory board; continues an accidental death benefit; makes an appropriation therefor.
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A08799 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8799
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 6, 2025
                                       ___________
 
        Introduced  by  M.  of A. TORRES -- (at request of the Governor) -- read
          once and referred to the Committee on Ways and Means
 
        AN ACT to provide for the adjustment of stipends of  certain  incumbents
          in  the  state university of New York and designating moneys therefor;
          to continue a doctoral program recruitment and  retention  enhancement
          fund; to continue work-life services and pre-tax programs; to continue
          a  professional  development  committee;  to  continue a comprehensive
          college graduate program recruitment and retention fund; to continue a
          fee mitigation fund; to continue a downstate location fund; to contin-
          ue a joint labor management advisory board; to continue an  accidental
          death benefit; and making an appropriation therefor
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Adjustment to stipends of certain incumbents in  the  state
     2  university  of  New  York. (a) The stipend as of academic year 2023-2024
     3  for an incumbent of a position in the state university of  New  York  in
     4  the collective negotiating unit designated as the state university grad-
     5  uate student negotiating unit in the state university of New York estab-
     6  lished pursuant to article 14 of the civil service law, on September 30,
     7  2023,  shall be increased by three percent adjusted to the nearest whole
     8  dollar, commencing the beginning of the payroll period the first day  of
     9  which  is nearest to October 1, 2023. "Incumbent," as referenced in this
    10  subdivision, shall be defined as members of the state university  gradu-
    11  ate  student  negotiating unit established pursuant to article 14 of the
    12  civil service law who were employed by the state university of New  York
    13  on the effective date of the increase and at the time of payment.
    14    (b)  The  stipend  as of academic year 2024-2025 for an incumbent of a
    15  position in the state university of New York in the collective negotiat-
    16  ing unit designated as the state university graduate student negotiating
    17  unit in the state university of New York established pursuant to article
    18  14 of the civil service law, on September 30, 2024, shall  be  increased
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12015-02-5

        A. 8799                             2
 
     1  by  three  percent  adjusted to the nearest whole dollar, commencing the
     2  beginning of the payroll period the first day of  which  is  nearest  to
     3  October  1,  2024. "Incumbent," as referenced in this subdivision, shall
     4  be defined as members of the state university graduate student negotiat-
     5  ing unit established pursuant to article 14 of the civil service law who
     6  were  employed by the state university of New York on the effective date
     7  of the increase and at the time of payment.
     8    (c) The stipend as of academic year 2025-2026 for an  incumbent  of  a
     9  position in the state university of New York in the collective negotiat-
    10  ing unit designated as the state university graduate student negotiating
    11  unit in the state university of New York established pursuant to article
    12  14  of  the civil service law, on September 30, 2025, shall be increased
    13  by three percent adjusted to the nearest whole  dollar,  commencing  the
    14  beginning  of  the  payroll  period the first day of which is nearest to
    15  October 1, 2025. "Incumbent," as referenced in this  subdivision,  shall
    16  be defined as members of the state university graduate student negotiat-
    17  ing unit established pursuant to article 14 of the civil service law who
    18  were  employed by the state university of New York on the effective date
    19  of the increase and at the time of payment.
    20    (d) (i) This subdivision shall apply to employees  in  the  collective
    21  negotiating  unit  designated  as  the state university graduate student
    22  negotiating unit in the state university of New York established  pursu-
    23  ant to article 14 of the civil service law.
    24    (ii) The minimum stipend for academic year 2023-2024 shall increase by
    25  three  percent  to $11,102 annually for employees on full assistantships
    26  at University Centers and Health Science  Centers  effective  concurrent
    27  with  the  effective  date  of  the  increase in subdivision (a) of this
    28  section commencing the beginning of the payroll period the first day  of
    29  which is nearest to October 1, 2023.
    30    (iii)  The  minimum stipend for academic year 2024-2025 shall increase
    31  by three percent to $11,435 annually for employees  on  full  assistant-
    32  ships at University Centers and Health Science Centers effective concur-
    33  rent  with the effective date of the increase in subdivision (b) of this
    34  section commencing the beginning of the payroll period the first day  of
    35  which is nearest to October 1, 2024.
    36    (iv) The minimum stipend for academic year 2025-2026 shall increase by
    37  three  percent  to  be $11,778 annually for employees on full assistant-
    38  ships at University Centers and Health Science Centers effective concur-
    39  rent with the effective date of the increase in subdivision (c) of  this
    40  section  commencing the beginning of the payroll period the first day of
    41  which is nearest to October 1, 2025.
    42    (v) Effective July 1,  2026,  the  minimum  annual  stipend  shall  be
    43  $18,000  for  employees  on  full  assistantships  at  university center
    44  campuses and health science centers.  Effective July 1, 2026, the  mini-
    45  mum  annual stipend shall be $7,500 for employees on full assistantships
    46  at comprehensive college campuses.
    47    (vi) Effective October 1, 2025, the state shall pay those  with  full-
    48  time  assistantships  a  total of a lump sum, non-recurring, not on base
    49  payment of $1,500. Individuals on  less  than  full-time  assistantships
    50  shall  be  paid  $750. To be eligible for payment, an individual must be
    51  employed as of the effective  date  of  the  payment  and  the  date  of
    52  payment.
    53    (vii)  Nothing  herein shall prevent the state university of New York,
    54  in its discretion, from increasing amounts paid to  an  incumbent  of  a
    55  position  of  the  state university graduate student negotiating unit in
    56  the state university of New York established pursuant to article  14  of

        A. 8799                             3
 
     1  the  civil  service  law  in  addition  to the minimum stipend provided,
     2  however, that the amounts required for such other increases and the cost
     3  of fringe benefits attributable to such other increases,  as  determined
     4  by  the  comptroller, are made available to the state in accordance with
     5  procedures established by the state university of New York.
     6    (e) Notwithstanding any of the foregoing provisions of  this  section,
     7  any  increase  in  compensation  or  lump sum payment may be withheld in
     8  whole or in part from any  employee  to  whom  the  provisions  of  this
     9  section  are  applicable  when,  in the opinion of the chancellor of the
    10  state university of New York, the director of the budget, and the direc-
    11  tor of the office of employee relations, such increase is not  warranted
    12  or is not appropriate.
    13    §  2.  Doctoral  program  recruitment  and retention enhancement fund.
    14  There is hereby continued, within the state university of  New  York,  a
    15  doctoral  program  recruitment  and  retention enhancement fund from the
    16  amounts appropriated herein. Such fund shall be used to enhance employee
    17  compensation for the purpose of recruitment and  retention  of  new  and
    18  existing  doctoral  students in selected programs. The specific doctoral
    19  programs eligible for enhanced compensation  pursuant  to  this  section
    20  shall be at the discretion of the state university of New York. Pursuant
    21  to the terms of the collective bargaining agreement, funds will be allo-
    22  cated  for  these  purposes  upon  mutual  agreement of the parties from
    23  available appropriations. To be eligible for such payment,  an  employee
    24  must  be  employed  on or after July 2, 2023 and at the time of payment.
    25  This program shall expire July 1, 2026.
    26    § 3. Comprehensive college graduate program recruitment and  retention
    27  fund.  There  is  hereby  continued,  within the state university of New
    28  York, a comprehensive college graduate program recruitment and retention
    29  fund from the amounts appropriated herein. Such fund shall  be  used  to
    30  enhance  employee  compensation  for  the  purpose  of  recruitment  and
    31  retention of new and  existing  graduate  students  in  selected  degree
    32  programs.  The  specific  graduate degree programs eligible for enhanced
    33  compensation pursuant to this section shall be at the discretion of  the
    34  state  university  of  New York. Pursuant to the terms of the collective
    35  bargaining agreement, funds will be allocated for  these  purposes  upon
    36  mutual  agreement  of  the  parties from available appropriations. To be
    37  eligible for such payment, an employee must be employed on or after July
    38  2, 2023 and at the time of payment. This program shall  expire  July  1,
    39  2026.
    40    §  4. Fee mitigation fund. There is hereby continued, within the state
    41  university of New York, a fee mitigation fund from the amounts appropri-
    42  ated herein. Such fund shall be used for the purpose of funding the cost
    43  of various fees, including but not limited to technology fees.  Pursuant
    44  to the terms of the collective bargaining agreement, funds will be allo-
    45  cated for these purposes upon  mutual  agreement  of  the  parties  from
    46  available  appropriations.  To be eligible for such payment, an employee
    47  must be employed on or after July 2, 2023 and at the  time  of  payment.
    48  This program shall expire July 1, 2026.
    49    §  5.  Downstate  location fund. There is hereby continued, within the
    50  state university of New York, a downstate location fund from the amounts
    51  appropriated herein. Such fund shall be used for the purpose of  funding
    52  location adjustments in the downstate area for employees whose work site
    53  is  New  York  City,  Suffolk,  Nassau, Rockland, Westchester, Dutchess,
    54  Putnam or Orange counties or as defined by the parties by agreement. The
    55  specific location adjustments funded pursuant to this section  shall  be
    56  at  the  discretion of the state university of New York. Pursuant to the

        A. 8799                             4
 
     1  terms of the collective bargaining agreement, funds  will  be  allocated
     2  for  these  purposes upon mutual agreement of the parties from available
     3  appropriations. To be eligible for such payment,  an  employee  must  be
     4  employed  on  or  after  July  2,  2023 and at the time of payment. This
     5  program shall expire July 1, 2026.
     6    § 6. Joint labor management advisory board. Pursuant to the  terms  of
     7  an  agreement negotiated between the state and the employee organization
     8  representing employees in the collective negotiating unit designated  as
     9  the  state  university  graduate  student  negotiating unit in the state
    10  university of New York established pursuant to article 14 of  the  civil
    11  service  law, there shall be continued a joint labor management advisory
    12  board to study and make recommendations concerning issues  of  work-life
    13  services  programs  and  implement  agreements  that may be entered into
    14  between the state and such employee organization concerning such issues.
    15  Pursuant to the terms of the collective bargaining agreement, funds will
    16  be allocated for these purposes upon mutual  agreement  of  the  parties
    17  from available appropriations.
    18    § 7. Work-life services and pre-tax programs. Pursuant to the terms of
    19  an  agreement negotiated between the state and the employee organization
    20  representing the collective negotiating unit  designated  as  the  state
    21  university  graduate student negotiating unit in the state university of
    22  New York established pursuant to article 14 of the  civil  service  law,
    23  there  shall  be continued work-life services and pre-tax programs to be
    24  administered in accordance with such agreement within the appropriations
    25  made available  therefor.  Pursuant  to  the  terms  of  the  collective
    26  bargaining  agreement,  funds  will be allocated for these purposes upon
    27  mutual agreement of the  parties  from  available  appropriations.  This
    28  program shall expire July 1, 2026.
    29    §  8.  Professional development committee. Pursuant to the terms of an
    30  agreement negotiated between the state  and  the  employee  organization
    31  representing  the  collective  negotiating  unit designated as the state
    32  university graduate student negotiating unit in the state university  of
    33  New  York  established  pursuant to article 14 of the civil service law,
    34  there shall be continued a professional development committee to review,
    35  make recommendations and implement programs  for  professional  develop-
    36  ment.  Such program shall be administered in accordance with such agree-
    37  ment  within the appropriations made available therefor. Pursuant to the
    38  terms of the collective bargaining agreement, these funds may be reallo-
    39  cated for use by other joint committees upon  mutual  agreement  of  the
    40  parties.  This program shall expire July 1, 2026.
    41    §  9. Notwithstanding any provision of law to the contrary, the appro-
    42  priations contained in this act shall be available to the state for  the
    43  payment of grievance and arbitration settlements and awards provided for
    44  in  the  collective negotiating agreement between the state and employee
    45  organization representing the collective negotiating unit designated  as
    46  the  state  university  graduate  student  negotiating unit in the state
    47  university of New York established pursuant to article 14 of  the  civil
    48  service law.
    49    §  10. Accidental death benefit. Pursuant to the terms of an agreement
    50  negotiated between the state and the employee organization  representing
    51  the collective negotiating unit designated as the state university grad-
    52  uate student negotiating unit in the state university of New York estab-
    53  lished  pursuant  to  article  14  of the civil service law, there shall
    54  continue to be a death benefit in the amount of fifty thousand  dollars,
    55  in  the event an employee dies on or after July 2, 2007 as the result of
    56  an accidental on-the-job injury and a death benefit is paid pursuant  to

        A. 8799                             5
 
     1  the  workers'  compensation  law, payable by the state to the employee's
     2  surviving spouse and children to whom the  workers'  compensation  acci-
     3  dental  death  benefit  is paid, or to the employee's estate, and in the
     4  same proportion as the workers' compensation accidental death benefit is
     5  paid.  Such program shall be administered in accordance with such agree-
     6  ment within the appropriations made available therefor.
     7    §  11.  Stipend  increases  and  benefit  modifications.  The  stipend
     8  increases  and  benefit modifications provided for by this act for state
     9  employees and any incumbent, as defined by section one of this  act,  in
    10  the collective negotiating unit designated as the state university grad-
    11  uate student negotiating unit in the state university of New York estab-
    12  lished  pursuant  to  article  14  of the civil service law shall not be
    13  implemented until the director of  the  governor's  office  of  employee
    14  relations  has  delivered  to  the  director of the budget and the comp-
    15  troller a letter certifying that there is in effect with respect to such
    16  negotiating unit a collective negotiating agreement which  provides  for
    17  such  increases  and  modifications  and  which  is  ratified  and fully
    18  executed in writing with the state pursuant to article 14 of  the  civil
    19  service law.
    20    §  12.  Date  of  entitlement to stipend increase. Notwithstanding the
    21  provisions of this act or of any other provision of law to the contrary,
    22  the stipend increase of any incumbent, as defined by section one of this
    23  act, of the collective negotiating unit designated as the state  univer-
    24  sity  graduate  student  negotiating unit in the state university of New
    25  York established pursuant to article 14 of the  civil  service  law,  as
    26  provided by this act, shall be added to the stipend of such incumbent at
    27  the beginning of the payroll period the first day of which is nearest to
    28  the  effective  date of such increase as provided in this act, or at the
    29  beginning of the earlier of two payroll periods the first days of  which
    30  are  nearest  but equally near to the effective date of such increase as
    31  provided in this act; provided, however, that for the purposes of deter-
    32  mining the stipend of such employee upon reclassification, reallocation,
    33  appointment,  promotion,  transfer,  demotion,  reinstatement  or  other
    34  change  of status, such stipend increase shall be deemed to be effective
    35  on the date thereof as prescribed by this act, and the  payment  thereof
    36  pursuant  to  this  section  on a date prior thereto, instead of on such
    37  effective date, shall not operate to confer any additional  compensation
    38  rights  or  benefits  on such employee. Payment of such stipend increase
    39  may be deferred pursuant to section thirteen of this act.
    40    § 13.  Deferred  payment  of  stipend  increase.  Notwithstanding  the
    41  provisions  of this act, or of any other provision of law to the contra-
    42  ry, pending payment of stipends pursuant to this act for any  incumbent,
    43  as defined by section one of this act, of positions subject to this act,
    44  such  incumbent  shall  receive,  as  partial  compensation for services
    45  rendered, the stipends otherwise payable in their  respective  position.
    46  An  incumbent, as defined by section one of this act, holding a position
    47  subject to this act at any time during the period  from  July  2,  2023,
    48  until  the  time  when stipend increases are first paid pursuant to this
    49  act for such services in excess of the  compensation  actually  received
    50  therefor,  shall  be  entitled  to a lump sum payment for the difference
    51  between the stipend to which such incumbent is entitled for such service
    52  and the stipend actually received therefor. Such lump sum payment  shall
    53  be made as soon as practicable.
    54    §  14.  Use  of  appropriations.  Notwithstanding any provision of the
    55  state finance law or any other provision of law  to  the  contrary,  the
    56  state comptroller is authorized to pay any amounts required by the fore-

        A. 8799                             6
 
     1  going provisions of this act. To the extent that existing appropriations
     2  available to any state department or agency in any fund are insufficient
     3  to  accomplish  the  purposes set forth in this section, the director of
     4  the  budget  is  authorized  to  allocate to the various departments and
     5  agencies, from any appropriations available in  any  fund,  the  amounts
     6  necessary  to  make  such  payments.  Any  appropriations or other funds
     7  available to any state department or agency for personal service or  for
     8  other  related employee benefits during the fiscal year commencing April
     9  1, 2025 shall be available for the payment of any liabilities  or  obli-
    10  gations  incurred  pursuant  to  the  foregoing  provisions of this act,
    11  whether occurring prior to or during the state  fiscal  year  commencing
    12  April 1, 2025.
    13    §  15.  Notwithstanding  any provision of the state finance law or any
    14  other provision of law to the contrary, the sum of $30,200,000 is hereby
    15  appropriated in the  general  fund/state  purposes  account  (10050)  in
    16  miscellaneous-all    state   departments   and   agencies   solely   for
    17  apportionment/transfer by the director of the  budget  for  use  by  any
    18  state  department  or  agency  in any fund for the fiscal year beginning
    19  April 1, 2025 to supplement appropriations for personal  service,  other
    20  than  personal  service  and  fringe  benefits,  and  to  carry  out the
    21  provisions of this act. The monies hereby appropriated are available for
    22  payment of any liabilities or obligations incurred prior  to  or  during
    23  the  state fiscal year commencing April 1, 2025. For this purpose, these
    24  appropriations shall remain in full force and effect for the payment  of
    25  liabilities incurred on or before March 31, 2026.
    26    §  16.  Notwithstanding  any provision of the state finance law to the
    27  contrary, the several amounts as hereinafter set forth, or so much ther-
    28  eof as may be necessary, are hereby appropriated  for  the  fiscal  year
    29  beginning  April  1,  2023  to  supplement  appropriations available for
    30  personal service, other than personal service and fringe  benefits,  and
    31  to carry out the provisions of this act. Moreover, the amounts appropri-
    32  ated as nonpersonal service may be suballocated/transferred to any state
    33  department  or  agency  as  needed.  The  monies hereby appropriated are
    34  available for payment of any liabilities or obligations  incurred  prior
    35  to  or  during  the state fiscal year commencing April 1, 2023. For this
    36  purpose, these appropriations shall remain in full force and effect  for
    37  the  payment  of  liabilities  incurred  on or before March 31, 2026. No
    38  money shall be available for expenditure from this appropriation until a
    39  certification of approval has been issued by the director of the  budget
    40  and  such  certificate  or any amendment thereto has been filed with the
    41  state comptroller, the chairperson of the senate finance committee,  and
    42  the chairperson of the assembly ways and means committee.
 
    43                     ALL STATE DEPARTMENTS AND AGENCIES
 
    44  General Fund / State Operations
    45  State Purposes Account - 10050
 
    46    MAINTENANCE UNDISTRIBUTED
 
    47  Doctoral  Program  Recruitment and Retention
    48    Enhancement  Fund,  Comprehensive  College
    49    Graduate Program Recruitment and Retention
    50    Fund,   Fee   Mitigation  Fund,  Downstate
    51    Location  Fund,   Statewide   Professional

        A. 8799                             7
 
     1    Development  Committee,  Pre-Tax and Work-
     2    Life Services Programs ....................... 9,700,000
     3    §  17.  This  act shall take effect immediately and shall be deemed to
     4  have been in full force and effect on and after July 2, 2023.
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