Rpld §130 sub 1 ¶a sub¶¶ 1 - 5, ¶d sub¶¶ 1-5, amd §§130 & 208, Civ Serv L; amd §8, St Fin L; amd §17, Chap
333 of 1969; rpld & add §19 sub 1, Cor L
Provides for compensation and other terms and conditions of employment of certain state officers and employees; authorizes funding of joint labor-management committees; implements agreements between the state and an employee organization; 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
________________________________________________________________________
9478
IN SENATE
June 2, 2022
___________
Introduced by Sen. JACKSON -- (at request of the Governor) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Finance
AN ACT to amend the civil service law and the state finance law, in
relation to compensation and other terms and conditions of employment
of certain state officers and employees, to authorize funding of joint
labor-management committees, to implement agreements between the state
and an employee organization; to amend chapter 333 of the laws of 1969
amending the civil service law and other laws relating to salary
increases for certain state officers and employees, in relation to
rates of pay for certain state employees; to repeal certain provisions
of the civil service law relating thereto; and making an appropriation
for the purpose of effectuating certain provisions thereof (Part A);
and to amend the civil service law and the correction law, in relation
to salaries of certain state officers and employees excluded from
collective 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
thereof (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 collective bargaining agreements 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.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12051-01-2
S. 9478 2
1 PART A
2 SALARIES AND BENEFITS FOR CERTAIN STATE
3 OFFICERS AND EMPLOYEES IN THE ADMINISTRATIVE, INSTITUTIONAL, OPERATIONAL
4 AND DIVISION OF MILITARY AND NAVAL AFFAIRS UNITS 2021-2025
5 Section 1. Subparagraphs 1, 2, 3, 4 and 5 of paragraph a of subdivi-
6 sion 1 of section 130 of the civil service law are REPEALED and five new
7 subparagraphs 1, 2, 3, 4 and 5 are added to read as follows:
8 (1) Effective April first, two thousand twenty-one for officers and
9 employees on the administrative payroll and effective March twenty-
10 fifth, two thousand twenty-one for officers and employees on the insti-
11 tutional payroll:
12 SGHRSTEPSTEPSTEPSTEPSTEPSTEPJRINCR
13 123456
14 12582526696275672843829309301803105131922871
15 22681127726286412955630471313863230133216915
16 32815029105300603101531970329253388034835955
17 429379303903140132412334233443435445364561011
18 530785318443290333962350213608037139381981059
19 632507336083470935810369113801239113402141101
20 734304354593661437769389244007941234423891155
21 836239374373863539833410314222943427446251198
22 938257395104076342016432694452245775470281253
23 1040446417594307244385456984701148324496371313
24 1142792441704554846926483044968251060524381378
25 1245241466674809349519509455237153797552231426
26 1347923494165090952402538955538856881583741493
27 1450697522515380555359569135846760021615751554
28 1553641552615688158501601216174163361649811620
29 1656646583416003661731634266512166816685111695
30 1759834616246341465204669946878470574723641790
31 1863290651616703268903707747264574516763871871
32 1966681686457060972573745377650178465804291964
33 2070170722107425076290783308037082410844502040
34 2173932760677820280337824728460786742888772135
35 2277895801278235984591868238905591287935192232
36 2382062843928672289052913829371296042983722330
37 248652888939913509376196172985831009941034052411
38 25913099382796345988631013811038991064171089352518
39 (2) Effective March thirty-first, two thousand twenty-two for officers
40 and employees on the administrative payroll and effective April seventh,
41 two thousand twenty-two for officers and employees on the institutional
42 payroll:
43 SGHRSTEPSTEPSTEPSTEPSTEPSTEPJRINCR
44 123456
45 12634227230281182900629894307823167032558888
46 22734728280292133014631079320123294533878933
47 32871329687306613163532609335833455735531974
48 429967309983202933060340913512236153371841031
49 531401324813356134641357213680137881389611080
50 633157342803540336526376493877239895410181123
51 734990361683734638524397024088042058432361178
52 836964381863940840630418524307444296455181222
S. 9478 3
1 939022403004157842856441344541246690479681278
2 1041255425944393345272466114795049289506281339
3 1143648450544646047866492725067852084534901406
4 1246146476004905450508519625341654870563241454
5 1348881504045192753450549735649658019595421523
6 1451711532965488156466580515963661221628061585
7 1554714563665801859670613226297464626662781652
8 1657779595086123762966646956642468153698821729
9 1761031628576468366509683357016171987738131826
10 1864556664646837270280721887409676004779121908
11 1968015700187202174024760277803080033820362003
12 2071573736547573577816798978197884059861402081
13 2175411775897976781945841238630188479906572178
14 2279453817308400786284885619083893115953922277
15 23837038608088457908349321195588979651003422377
16 2488259907189317795636980951005541030131054722459
17 259313595703982711008391034071059751085431111112568
18 (3) Effective March thirtieth, two thousand twenty-three for officers
19 and employees on the administrative payroll and effective April sixth,
20 two thousand twenty-three for officers and employees on the institu-
21 tional payroll:
22 SGHRSTEPSTEPSTEPSTEPSTEPSTEPJRINCR
23 123456
24 12713228047289622987730792317073262233537915
25 22816729128300893105032011329723393334894961
26 329574305773158032583335863458935592365951003
27 430866319283299034052351143617637238383001062
28 532343334553456735679367913790339015401271112
29 634152353093646637623387803993741094422511157
30 736040372533846639679408924210543318445311213
31 838073393324059141850431094436845627468861259
32 940193415094282544141454574677348089494051316
33 1042493438724525146630480094938850767521461379
34 1144957464054785349301507495219753645550931448
35 1247530490285052652024535225502056518580161498
36 1350347519165348555054566235819259761613301569
37 1453262548955652858161597946142763060646931633
38 1556355580575975961461631636486566567682691702
39 1659512612936307464855666366841770198719791781
40 1762862647436662468505703867226774148760291881
41 1866493684587042372388743537631878283802481965
42 1970055721187418176244783078037082433844962063
43 2073720758637800680149822928443586578887212143
44 2177673799168215984402866458888891131933742243
45 2281837841828652788872912179356295907982522345
46 238621488662911109355896006984541009021033502448
47 24909079344095973985061010391035721061051086382533
48 2595929985741012191038641065091091541117991144442645
49 (4) Effective March twenty-eighth, two thousand twenty-four for offi-
50 cers and employees on the administrative payroll and effective April
51 fourth, two thousand twenty-four for officers and employees on the
52 institutional payroll:
53 SGHRSTEPSTEPSTEPSTEPSTEPSTEPJRINCR
S. 9478 4
1 123456
2 12794628888298303077231714326563359834540942
3 22901230002309923198232972339623495235942990
4 330461314943252733560345933562636659376921033
5 431792328863398035074361683726238356394501094
6 533313344583560336748378933903840183413281145
7 635177363693756138753399454113742329435211192
8 737121383703961940868421174336644615458641249
9 839215405124180943106444034570046997482941297
10 941399427544410945464468194817449529508841355
11 1043768451884660848028494485086852288537081420
12 1146306477974928850779522705376155252567431491
13 1248956504995204253585551285667158214597571543
14 1351857534735508956705583215993761553631691616
15 1454860565425822459906615886327064952666341682
16 1558046597996155263305650586681168564703171753
17 1661297631316496566799686337046772301741351834
18 1764748666856862270559724967443376370783071937
19 1868488705127253674560765847860880632826562024
20 1972157742827640778532806578278284907870322125
21 2075932781398034682553847608696789174913812207
22 2180003823138462386933892439155393863961732310
23 22842928670789122915379395296367987821011972415
24 2388800913229384496366988881014101039321064542522
25 249363496243988521014611040701066791092881118972609
26 25988071015311042551069791097031124271151511178752724
27 (5) Effective March twenty-seventh, two thousand twenty-five for offi-
28 cers and employees on the administrative payroll and effective April
29 third, two thousand twenty-five for officers and employees on the insti-
30 tutional payroll:
31 SGHRSTEPSTEPSTEPSTEPSTEPSTEPJRINCR
32 123456
33 12878429754307243169432664336343460435574970
34 229882309023192232942339623498236002370221020
35 331375324393350334567356313669537759388231064
36 432746338733500036127372543838139508406351127
37 534312354913667037849390284020741386425651179
38 636232374603868839916411444237243600448281228
39 738235395214080742093433794466545951472371286
40 840391417274306344399457354707148407497431336
41 942641440374543346829482254962151017524131396
42 1045081465444800749470509335239653859553221463
43 1147695492315076752303538395537556911584471536
44 1250425520145360355192567815837059959615481589
45 1353413550775674158405600696173363397650611664
46 1456506582385997061702634346516666898686301732
47 1559787615936339965205670116881770623724291806
48 1663136650256691468803706927258174470763591889
49 1766690686857068072675746707666578660806551995
50 1870543726287471376798788838096883053851382085
51 1974322765117870080889830788526787456896452189
52 2078210804838275685029873028957591848941212273
53 2182403847828716189540919199429896677990562379
54 228682189308917959428296769992561017431042302487
S. 9478 5
1 23914649406296660992581018561044541070521096502598
2 2496443991301018171045041071911098781125651152522687
3 251017711045771073831101891129951158011186071214132806
4 § 2. Subdivision 2 of section 208 of the civil service law, as amended
5 by chapter 165 of the laws of 2017, is amended to read as follows:
6 2. An employee organization certified or recognized pursuant to this
7 article shall be entitled to unchallenged representation status until
8 seven months prior to the expiration of a written agreement between the
9 public employer and said employee organization determining terms and
10 conditions of employment. For the purposes of this subdivision, (a) any
11 such agreement for a term covering other than the fiscal year of the
12 public employer shall be deemed to expire with the fiscal year ending
13 immediately prior to the termination date of such agreement, (b) any
14 such agreement having a term in excess of three years shall be treated
15 as an agreement for a term of three years, provided, however, any such
16 agreement between the state and an employee organization representing
17 employees in the executive or judicial branches which commences in the
18 calendar year two thousand [sixteen] twenty-one having a term in excess
19 of three years shall be treated as an agreement for a term certain spec-
20 ified in such agreement but in no event for a term greater than four
21 years, and (c) extensions of any such agreement shall not extend the
22 period of unchallenged representation status.
23 § 3. Paragraph (e) of subdivision 3 of section 130 of the civil
24 service law, as amended by chapter 165 of the laws of 2017, is amended
25 to read as follows:
26 (e) (1) Where, and to the extent that, an agreement between the state
27 and an employee organization entered into pursuant to article fourteen
28 of this chapter on behalf of officers and employees serving in positions
29 in the administrative services unit, institutional services unit, opera-
30 tional services unit or division of military and naval affairs unit so
31 provides officers and employees to whom paragraph a of subdivision one
32 of this section applies who, on or after April first, two thousand
33 sixteen, on their anniversary date have five or more years, but less
34 than ten years, of continuous service as defined by paragraph (c) of
35 this subdivision at a basic annual salary rate equal to or in excess of
36 the job rate or maximum salary of their salary grade, shall receive a
37 lump sum payment in the amount of one thousand two hundred fifty
38 dollars. Effective April first, two thousand nineteen, such lump sum
39 payment shall increase to one thousand five hundred dollars.
40 (2) Effective until March thirty-first, two thousand twenty, where,
41 and to the extent that, an agreement between the state and an employee
42 organization entered into pursuant to article fourteen of this chapter
43 on behalf of officers and employees serving in positions in the adminis-
44 trative services unit, institutional services unit, operational services
45 unit or division of military and naval affairs unit so provides officers
46 and employees to whom paragraph a of subdivision one of this section
47 applies who, on or after April first, two thousand sixteen, on their
48 anniversary date have ten or more years of continuous service as defined
49 by paragraph (c) of this subdivision at a basic annual salary rate equal
50 to or in excess of the job rate or maximum salary of their salary grade
51 shall receive a lump sum payment in the amount of two thousand five
52 hundred dollars which, effective April first, two thousand nineteen,
53 such lump sum payment shall be increased to three thousand dollars.
54 Effective April first, two thousand twenty, where, and to the extent
55 that, an agreement between the state and an employee organization
56 entered into pursuant to article fourteen of this chapter on behalf of
S. 9478 6
1 officers and employees serving in positions in the administrative
2 services unit, institutional services unit, operational services unit or
3 division of military and naval affairs unit so provides officers and
4 employees to whom paragraph a of subdivision one of this section applies
5 who, on or after April first, two thousand twenty, on their anniversary
6 date have ten or more years, but less than fifteen years, of continuous
7 service as defined by paragraph (c) of this subdivision at a basic annu-
8 al salary rate equal to or in excess of the job rate or maximum salary
9 of their salary grade shall receive a lump sum payment in the amount of
10 three thousand dollars.
11 (3) Effective April first, two thousand twenty, where, and to the
12 extent that, an agreement between the state and an employee organization
13 entered into pursuant to article fourteen of this chapter on behalf of
14 officers and employees serving in positions in the administrative
15 services unit, institutional services unit, operational services unit or
16 division of military and naval affairs unit so provides officers and
17 employees to whom paragraph a of subdivision one of this section applies
18 who, on or after April first, two thousand twenty, on their anniversary
19 date have fifteen or more years of continuous service as defined by
20 paragraph (c) of this subdivision at a basic annual salary rate equal to
21 or in excess of the job rate or maximum salary of their salary grade
22 shall receive a lump sum payment in the amount of four thousand five
23 hundred dollars.
24 (4) Such lump sum payment, as provided by this paragraph, shall be in
25 addition to and not part of the employee's basic annual salary, provided
26 however that any amount payable by this paragraph shall be included as
27 compensation for overtime and retirement purposes. Such lump sum
28 payment, as provided by this paragraph, shall be payable in April of
29 each fiscal year, or as soon as practicable thereafter, for those eligi-
30 ble employees who have achieved five or more, or ten or more, or fifteen
31 or more years of continuous service as defined by paragraph (c) of this
32 subdivision at a basic annual salary rate equal to or in excess of the
33 job rate or maximum salary of their salary grade during the period Octo-
34 ber first through March thirty-first of the previous fiscal year. Such
35 lump sum payment, as provided by this paragraph, shall be payable in
36 October of each fiscal year, or as soon as practicable thereafter, for
37 those eligible employees who have achieved five or more, or ten or
38 more, or fifteen or more years of continuous service as defined by para-
39 graph (c) of this subdivision at a basic annual salary rate equal to or
40 in excess of the job rate or maximum salary of their salary grade during
41 the period April first through September thirtieth of that same fiscal
42 year.
43 (5) Effective April first, two thousand twenty-five, where, and to the
44 extent that, an agreement between the state and an employee organization
45 entered into pursuant to article fourteen of this chapter on behalf of
46 officers and employees serving in positions in the administrative
47 services unit, institutional services unit, operational services unit or
48 division of military and naval affairs unit so provides officers and
49 employees to whom paragraph a of subdivision one of this section applies
50 who, on or after April first, two thousand twenty-five, on their anni-
51 versary date have twelve or more years, but less than seventeen years,
52 of continuous service within one or any of the collective bargaining
53 units, shall receive a lump sum payment in the amount of one thousand
54 five hundred dollars.
55 (6) Effective April first, two thousand twenty-five, where, and to the
56 extent that, an agreement between the state and an employee organization
S. 9478 7
1 entered into pursuant to article fourteen of this chapter on behalf of
2 officers and employees serving in positions in the administrative
3 services unit, institutional services unit, operational services unit or
4 division of military and naval affairs unit so provides officers and
5 employees to whom paragraph a of subdivision one of this section applies
6 who, on or after April first, two thousand twenty-five, on their anni-
7 versary date have seventeen or more years but less than twenty-two years
8 of continuous service within one or any of the collective bargaining
9 units shall receive a lump sum payment in the amount of three thousand
10 dollars.
11 (7) Effective April first, two thousand twenty-five, where, and to the
12 extent that, an agreement between the state and an employee organization
13 entered into pursuant to article fourteen of this chapter on behalf of
14 officers and employees serving in positions in the administrative
15 services unit, institutional services unit, operational services unit or
16 division of military and naval affairs unit so provides officers and
17 employees to whom paragraph a of subdivision one of this section applies
18 who, on or after April first, two thousand twenty-five, on their anni-
19 versary date have twenty-two or more years of continuous service within
20 one or any of the collective bargaining units shall receive a lump sum
21 payment in the amount of four thousand five hundred dollars.
22 (8) Such lump sum payment, as provided by subparagraphs five, six and
23 seven of this paragraph, shall be in addition to and not part of the
24 employee's basic annual salary, provided however that any amount payable
25 by this paragraph shall be included as compensation for overtime and
26 retirement purposes.
27 (9) Such lump sum payment, as provided by subparagraphs five, six and
28 seven of this paragraph, shall be payable in April of each fiscal year,
29 or as soon as practicable thereafter, for those eligible employees who
30 have achieved the continuous service required for a specific payment
31 during the period October first through March thirty-first of the previ-
32 ous fiscal year. Such lump sum payment, as provided by subparagraph
33 five, six or seven of this paragraph, shall be payable in October of
34 each fiscal year, or as soon as practicable thereafter, for those eligi-
35 ble employees who have achieved the continuous service, as defined by
36 this section, required for a specific payment during the period April
37 first through September thirtieth of that same fiscal year.
38 (10) Effective April first, two thousand twenty-five, no employee
39 shall receive a longevity payment pursuant to subparagraph one, two or
40 three of this paragraph. All employees, to the extent eligible, shall
41 receive a longevity payment pursuant to subparagraph five, six or seven
42 of this paragraph.
43 § 4. Subdivision 12-d of section 8 of the state finance law, as
44 amended by chapter 322 of the laws of 2021, is amended to read as
45 follows:
46 12-d. Notwithstanding any inconsistent provision of the court of
47 claims act, examine, audit and certify for payment any claim submitted
48 and approved by the head of a state department or agency, other than a
49 department or agency specified in subdivision twelve of this section,
50 for personal property of an employee damaged or destroyed in the course
51 of the performance of official duties without fault on his or her part
52 by an incarcerated individual, patient or client of such department or
53 agency after March thirty-first, two thousand [sixteen] twenty-one and
54 prior to April first, two thousand [twenty-one] twenty-six, provided no
55 such claim may be certified for payment to an officer or employee who is
56 in a collective negotiating unit until the director of employee
S. 9478 8
1 relations shall deliver to the comptroller a letter that there is in
2 effect with respect to such negotiating unit a written collectively
3 negotiated agreement with the state pursuant to article fourteen of the
4 civil service law which provides therefor. Payment of any such claim
5 shall not exceed the sum of three hundred dollars. No person submitting
6 a claim under this subdivision shall have any claim for damages to such
7 personal property approved pursuant to the provision of subdivision four
8 of section five hundred thirty of the labor law or any other applicable
9 provision of law.
10 § 5. Paragraph (a) of subdivision 12-e of section 8 of the state
11 finance law, as amended by chapter 165 of the laws of 2017, is amended
12 to read as follows:
13 (a) Notwithstanding any inconsistent provision of the court of claims
14 act, where, and to the extent that, an agreement between the state and
15 an employee organization entered into pursuant to article fourteen of
16 the civil service law on behalf of officers and employees serving in
17 positions in the administrative services unit, institutional services
18 unit, operational services unit or division of military and naval
19 affairs unit so provides, examine, audit and certify for payment any
20 claim submitted and approved by the head of a state department or agency
21 for personal property of an officer or employee damaged or destroyed in
22 the actual performance of official duties without fault or negligence of
23 the officer or employee other than a claim specified and covered by
24 subdivision twelve or twelve-d of this section after March thirty-first,
25 two thousand [sixteen] twenty-one and prior to April first, two thousand
26 [twenty-one] twenty-six. Payment of such claim shall not exceed the sum
27 of three hundred fifty dollars. Where an agreement between the state and
28 such employee organization entered into pursuant to article fourteen of
29 the civil service law provides for payment to be made to officers and
30 employees by a state department or agency, such payments for claims not
31 in excess of the amount specified in subdivision three of section one
32 hundred fifteen of this chapter may be made from a petty cash account
33 established pursuant to section one hundred fifteen of this chapter and
34 in the manner prescribed therein and pursuant to regulations of the
35 comptroller. No person submitting a claim under this subdivision shall
36 have any claim for damages to such personal property approved pursuant
37 to the provisions of subdivision four of section five hundred thirty of
38 the labor law or any other applicable provision of law.
39 § 6. Notwithstanding any other provision of law, when, in the adminis-
40 trative services unit, the institutional services unit, the operational
41 services unit or the division of military and naval affairs unit, a
42 determination has been implemented to increase the hiring salary of a
43 position in accordance with subdivision 4 of section 130 of the civil
44 service law, incumbents of such positions who are employed in any state
45 department, state institution or other state agency, in the particular
46 area or areas or location or locations affected, who did not receive the
47 benefit of the new hiring salary or have their salaries brought up to
48 such new hiring salary may receive increased compensation as determined
49 by an agreement between the office of employee relations and the employ-
50 ee organization representing such units.
51 § 7. Compensation for certain state officers and employees in collec-
52 tive negotiating units. 1. The provisions of this section shall apply,
53 except as otherwise stated in this section, to all full-time officers
54 and employees in the collective negotiating units designated as the
55 administrative services unit, the institutional services unit, the oper-
S. 9478 9
1 ational services unit, or the division of military and naval affairs
2 unit established pursuant to article 14 of the civil service law.
3 2. Effective April 1, 2021 for officers and employees on the adminis-
4 trative payroll and effective March 25, 2021 for officers and employees
5 on the institutional payroll, the basic annual salary of officers and
6 employees in full-time annual salaried employment status on the day
7 before such payroll period shall be increased by two percent adjusted to
8 the nearest whole dollar amount.
9 3. Effective March 31, 2022 for officers and employees on the adminis-
10 trative payroll and effective April 7, 2022 for officers and employees
11 on the institutional payroll, the basic annual salary of officers and
12 employees in full-time annual salaried employment status on the day
13 before such payroll period shall be increased by two percent adjusted to
14 the nearest whole dollar amount.
15 4. Effective March 30, 2023 for officers and employees on the adminis-
16 trative payroll and effective April 6, 2023 for officers and employees
17 on the institutional payroll, the basic annual salary of officers and
18 employees in full-time annual salaried employment status on the day
19 before such payroll period shall be increased by three percent adjusted
20 to the nearest whole dollar amount.
21 5. Effective March 28, 2024 for officers and employees on the adminis-
22 trative payroll and effective April 4, 2024 for officers and employees
23 on the institutional payroll, the basic annual salary of officers and
24 employees in full-time annual salaried employment status on the day
25 before such payroll period shall be increased by three percent adjusted
26 to the nearest whole dollar amount.
27 6. Effective March 27, 2025 for officers and employees on the adminis-
28 trative payroll and effective April 3, 2025 for officers and employees
29 on the institutional payroll, the basic annual salary of officers and
30 employees in full-time annual salaried employment status on the day
31 before such payroll period shall be increased by three percent adjusted
32 to the nearest whole dollar amount.
33 7. Notwithstanding the provisions of subdivisions two, three, four,
34 five and six of this section, if the basic annual salary of an officer
35 or employee to whom the provisions of this section apply is identical
36 with the hiring rate, step one, two, three, four, five, six or job rate
37 of the salary grade of his or her position on the effective dates of the
38 increases provided in these subdivisions, such basic annual salary shall
39 be increased to the hiring rate, step one, two, three, four, five, six
40 or job rate, respectively, of such salary grade as contained in the
41 appropriate salary schedules in subparagraphs 1, 2, 3, 4 and 5 of para-
42 graph a of subdivision 1 of section 130 of the civil service law, as
43 added by section one of this act, to take effect on the dates provided
44 in such subparagraphs 1, 2, 3, 4 and 5, respectively. The increases in
45 basic annual salary provided by this subdivision shall be in lieu of any
46 increase in basic annual salary provided for in subdivisions two, three,
47 four, five and six of this section.
48 8. Payments pursuant to the provisions of subdivision 6 of section 131
49 of the civil service law for full-time annual salaried officers and
50 employees entitled to such payments to whom the provisions of this
51 section apply shall be payable in accordance with the terms of an agree-
52 ment reached pursuant to article 14 of the civil service law between the
53 state and an employee organization representing employees subject to the
54 provisions of this section.
55 9. If an unencumbered position is one which if encumbered, would be
56 subject to the provisions of this section, the salary of such position
S. 9478 10
1 shall be increased by the salary increase amounts specified in this
2 section. If a position is created and filled by the appointment of an
3 officer or employee who is subject to the provisions of this section,
4 the salary otherwise provided for such position shall be increased in
5 the same manner as though such position had been in existence but unen-
6 cumbered.
7 10. The increases in salary provided in subdivisions two, three, four,
8 five and six of this section, shall apply on a prorated basis to offi-
9 cers and employees, otherwise eligible to receive an increase in salary,
10 who are paid on an hourly or per diem basis, employees serving on a
11 part-time or seasonal basis and employees paid on any basis other than
12 at an annual salary rate. Notwithstanding the foregoing, the provisions
13 of subdivision eight of this section shall not apply to employees serv-
14 ing on an hourly, per diem, or seasonal basis, except as determined by
15 the director of the budget.
16 11. In order to provide for the officers and employees to whom this
17 section applies who are not allocated to salary grades, but are paid on
18 an annual basis, increases and payments pursuant to subdivision eight of
19 this section in proportion to those provided to persons to whom this
20 section applies who are allocated to salary grades, the director of the
21 budget is authorized to add appropriate adjustments and/or payments to
22 the compensation which such officers and employees are otherwise enti-
23 tled to receive. The director of the budget shall issue certificates
24 which shall contain schedules of positions and the salaries and/or
25 payments thereof for which adjustments and/or payments are made pursuant
26 to the provisions of this subdivision, and a copy of each such certif-
27 icate shall be filed with the state comptroller, the state department of
28 civil service, the chairman of the senate finance committee and the
29 chairman of the assembly ways and means committee.
30 12. Notwithstanding any other provision of this section, the
31 provisions of this section shall not apply to officers or employees paid
32 on a fee schedule basis.
33 13. Notwithstanding any other provision of this section, any increase
34 in compensation for any officer or employee appointed to a lower graded
35 position from a redeployment list pursuant to subdivision 1 of section
36 79 of the civil service law who continues to receive his or her former
37 salary pursuant to such subdivision shall be determined on the basis of
38 such lower graded position provided, however, that the increases in
39 salary provided in this section shall not cause such officer's or
40 employee's salary to exceed the job rate of such lower graded position.
41 14. Notwithstanding any of the foregoing provisions of this section or
42 of any law to the contrary, the director of the budget may reduce the
43 salary of any position which is vacant or which becomes vacant, so long
44 as the position, if encumbered, would be subject to the provisions of
45 this section. The director of the budget does not need to provide a
46 reason for such reduction.
47 15. Notwithstanding any of the foregoing provisions of this section or
48 of any law to the contrary, any increase in compensation may be withheld
49 in whole or in part from any employee to whom the provisions of this
50 section are applicable when, in the opinion of the director of the budg-
51 et and the director of employee relations, such increase is not
52 warranted or is not appropriate for any reason.
53 § 8. Compensation for certain employees of the contract colleges at
54 Cornell and Alfred universities. 1. During the period April 1, 2021 to
55 March 31, 2026, the basic annual salaries of positions in the nonprofes-
56 sional service, except those positions in the Cornell service and main-
S. 9478 11
1 tenance unit which are subject to the terms of a collective bargaining
2 agreement between Cornell University and the employee organization
3 representing employees in such positions and except those positions in
4 the Alfred service and maintenance unit which are subject to the terms
5 of a collective bargaining agreement between Alfred University and the
6 employee organization representing employees in such positions, in
7 institutions under the management and control of Cornell and Alfred
8 universities as representatives of the board of trustees of the state
9 university may be increased pursuant to plans approved by the state
10 university trustees. Such plans may include new salary schedules which
11 shall supersede the salary schedules then in effect applicable to such
12 employees. Such increases in basic annual salary rates, exclusive of
13 performance advancement payments or merit recognition payments, shall
14 not exceed in the aggregate the payments provided in subdivisions two,
15 three, four, five and six of section seven of this act, for incumbents
16 of positions subject to this subdivision. Such plans may provide, within
17 the appropriations available therefor, an amount for distribution in
18 whole or in part for meritorious service by Cornell and Alfred universi-
19 ties, in their discretion, with the approval of the state university
20 trustees to the incumbents of such positions.
21 2. For the purposes of this section, the basic annual salary of
22 employees is that salary which is obtained through direct appropriation
23 of state moneys for the purpose of paying wages. Nothing in this section
24 shall prevent payment of additional amounts to incumbents of such posi-
25 tions in the nonprofessional service in addition to the basic annual
26 salary; provided, however, that the amounts required for such additional
27 payment, and the cost of fringe benefits attributable to such payment,
28 as determined by the comptroller, are made available to the state in
29 accordance with the procedures established by the state university for
30 such purposes.
31 3. Notwithstanding the foregoing provisions of this section, any
32 increase in compensation provided by this section may be withheld in
33 whole or in part from any officer or employee when, in the opinion of
34 the director of the budget, such withholding is necessary to reflect the
35 job performance of such officer or employee, or to maintain appropriate
36 salary relationships among officers or employees of the state, or to
37 reduce state expenditures to acceptable levels, or when such increase is
38 not warranted or is not appropriate for any reason and the salary of
39 such officer or employee is set at the discretion of the appointing
40 authority.
41 4. Notwithstanding the foregoing provisions of this subdivision, act
42 or any other provision of law, rule or regulation to the contrary, the
43 contract colleges at Cornell and Alfred universities are authorized to
44 provide for a procedure for the repayment of salaries withheld from
45 incumbents of positions subject to this subdivision as described in
46 subdivision one of this section, pursuant to subdivision 2-a of section
47 200 of the state finance law in lieu of the lump sum payment authorized
48 by subparagraph 3 of paragraph (a) of such subdivision, subject to the
49 approval of the state university trustees. Further, Cornell and Alfred
50 universities are authorized to provide that the salary of employees
51 newly hired on or after September 1, 1992 shall not be subject to the
52 provisions of subdivision 2-a of section 200 of the state finance law.
53 § 9. For employees in the administrative services unit, institutional
54 services unit, operational services unit and division of military and
55 naval affairs unit, effective March 30, 2023 for officers and employees
56 on the administrative payroll and effective April 6, 2023 for officers
S. 9478 12
1 and employees on the institutional payroll pursuant to article 14 of the
2 civil service law a lump sum payment of $3,000 shall be made to each
3 employee in such units in full-time annual salaried employment status
4 who was (i) active on the date of ratification of the agreement between
5 the state and the employee organization covering such employee and (ii)
6 in continuous service, as defined by paragraph (c) of subdivision 3 of
7 section 130 of the civil service law, from that date until March 30,
8 2023 for officers and employees on the administrative payroll and effec-
9 tive April 6, 2023 for officers and employees on the institutional
10 payroll except such payment shall be made to an eligible employee who
11 retires directly from state service between the dates in (i) and (ii).
12 Such lump sum shall not be considered salary for retirement purposes and
13 shall not become part of basic annual salary. Notwithstanding the fore-
14 going provisions of this subdivision, officers and employees who would
15 have otherwise been eligible to receive such lump sum payment, but who
16 were not on the payroll on such date, shall be eligible for said payment
17 if they return to full-time employment status during the fiscal year
18 2023 without a break in continuous service. Such payment shall be
19 prorated for employees in less than full-time annual salaried service.
20 § 10. Location compensation for certain state officers and employees
21 in collective negotiating units. Notwithstanding any inconsistent
22 provisions of law, full-time annual salaried officers and employees, as
23 well as non-annual salaried seasonal officers and employees who shall
24 receive the compensation provided for pursuant to this section on a
25 prorated basis, except non-annual salaried officers and employees who
26 are not seasonal, in the collective negotiating units designated as the
27 administrative services unit, the institutional services unit, the oper-
28 ational services unit, or the division of military and naval affairs
29 unit established pursuant to article 14 of the civil service law, whose
30 principal place of employment or, in the case of a field employee, whose
31 official station as determined in accordance with the regulations of the
32 comptroller is located: (1) in the county of Monroe and who were eligi-
33 ble to receive location pay on March 31, 1985, shall receive location
34 pay at the rate of $200 per year provided they continue to be otherwise
35 eligible; (2) in the city of New York, or in the county of Rockland,
36 Westchester, Nassau or Suffolk shall, effective April 1, 2021, continue
37 to receive a downstate adjustment at the annual rate of $3,026; or (3)
38 in the county of Dutchess, Putnam or Orange shall, effective April 1,
39 2021, continue to receive a mid-Hudson adjustment at the annual rate of
40 $1,513. Effective April 1, 2023, in the city of New York, or in the
41 county of Rockland, Westchester, Nassau or Suffolk such amount shall
42 increase to an annual rate of $3,087; and in the county of Dutchess,
43 Putnam or Orange such amount shall increase to an annual rate of $1,543.
44 Effective April 1, 2024, in the city of New York, or in the county of
45 Rockland, Westchester, Nassau or Suffolk such amount shall increase to
46 an annual rate of $3,400; and in the county of Dutchess, Putnam or
47 Orange such amount shall increase to an annual rate of $1,650. Such
48 location payments shall be in addition to and shall not be a part of an
49 officer's or employee's basic annual salary, and shall not affect or
50 impair any performance advancements or other rights or benefits to which
51 an officer or employee may be entitled by law, provided, however, that
52 location payments shall be included as compensation for purposes of
53 computation of overtime pay and for retirement purposes. For the sole
54 purpose of continuing eligibility for location pay in Monroe county, an
55 officer or employee previously eligible to receive location pay on March
56 31, 1985 who is on an approved leave of absence or participates in an
S. 9478 13
1 employer program to reduce to part-time service during summer months
2 shall continue to be eligible for said location pay upon return to full-
3 time state service in Monroe county.
4 § 11. Continuation of location compensation for certain officers and
5 employees of the Hudson Valley developmental disabilities services
6 office. 1. Notwithstanding any law, rule or regulation to the contrary,
7 any officer or employee of the Hudson Valley developmental disabilities
8 services office represented in the collective negotiating units desig-
9 nated as the administrative services unit, the institutional services
10 unit or the operational services unit, who is receiving location pay
11 pursuant to section 5 of chapter 174 of the laws of 1993 shall continue
12 to receive such location pay under the conditions and at the rates spec-
13 ified by such section.
14 2. Notwithstanding any law, rule or regulation to the contrary, any
15 officer or employee of the Hudson Valley developmental disabilities
16 services office represented in the collective negotiating units desig-
17 nated as the administrative services unit, the institutional services
18 unit or the operational services unit, who is receiving location pay
19 pursuant to subdivision 2 of section 9 of chapter 315 of the laws of
20 1995 shall continue to receive such location pay under the conditions
21 and at the rates specified by such subdivision.
22 3. Notwithstanding section ten of this act or any other law, rule or
23 regulation to the contrary, any officer or employee of the Hudson Valley
24 developmental disabilities services office represented in the collective
25 negotiating units designated as the administrative services unit, the
26 institutional services unit or the operational services unit, who is
27 receiving location pay pursuant to such section ten shall continue to be
28 eligible for such location pay if such officer's or employee's principal
29 place of employment is changed to a location outside of the county of
30 Rockland as the result of a reduction or redeployment of staff,
31 provided, however, that such officer or employee is reassigned to or
32 otherwise appointed or promoted to a different position at another work
33 location within the Hudson Valley developmental disabilities services
34 office located outside of the county of Rockland. The rate of such
35 continued location pay shall not exceed the rates such officer or
36 employee is receiving on the date of such reassignment, appointment or
37 promotion.
38 § 12. Notwithstanding any law, rule or regulation to the contrary,
39 certain full-time employees of the office for people with developmental
40 disabilities in the collective negotiating unit designated as the insti-
41 tutional services unit who are required to sleep over at their work site
42 shall continue to receive inconvenience pay pursuant to section 17 of
43 chapter 333 of the laws of 1969 as amended, in accordance with and
44 subject to the conditions established by the terms of a negotiated
45 agreement between the state and an employee organization representing
46 such unit and the resolution of a contract grievance bearing identifica-
47 tion number 98-04-448.
48 § 13. Additional compensation for certain employees in recognition of
49 pre-shift briefing. 1. In recognition of the general requirement for
50 full-time employees of the state in the collective negotiating unit
51 designated as the division of military and naval affairs unit, estab-
52 lished pursuant to article 14 of the civil service law, to assemble for
53 briefing prior to the commencement of duties, each such employee shall
54 continue to receive additional compensation at the rate of $60 per
55 biweekly payroll period in accordance with the terms of a collectively
56 negotiated agreement between the state and an employee organization
S. 9478 14
1 representing such employees pursuant to article 14 of the civil service
2 law. Such additional compensation shall be paid in addition to and shall
3 not be a part of the employee's basic annual salary. Notwithstanding the
4 foregoing provisions of this section, or of any other law, such addi-
5 tional compensation as added by this section shall be in lieu of the
6 continuation of any other additional compensation for such employees
7 paid prior to June 2, 1988, in recognition of pre-shift briefing.
8 2. Notwithstanding any inconsistent provisions of law, effective April
9 1, 2016, where and to the extent that, an agreement between the state
10 and an employee organization entered into pursuant to article 14 of the
11 civil service law so provides, in recognition of the general requirement
12 that certain full-time employees of the state in the collective negoti-
13 ating unit designated as the institutional services unit, established
14 pursuant to article 14 of the civil service law, in the employ of the
15 office of children and family services, assemble for briefing prior to
16 the commencement of duties, each such employee shall continue to receive
17 additional compensation in the amount of $4.80, or one-quarter hour of
18 their overtime rate, whichever is higher, when they are required to and
19 actually assemble for such briefing. Such additional compensation shall
20 be paid in addition to and shall not be a part of the employee's basic
21 annual salary.
22 § 14. Assignment to duty pay. Notwithstanding any inconsistent
23 provisions of law, effective April 1, 2021, where and to the extent
24 that, an agreement between the state and an employee organization
25 entered into pursuant to article 14 of the civil service law so
26 provides, an assignment to duty lump sum shall be paid each year to an
27 employee who is serving in a particular assignment deemed qualified
28 pursuant to such agreement. Such payment shall be in an amount negoti-
29 ated for those employees assigned to qualifying work assignments and who
30 work such assignments for the minimum periods of time in a year provided
31 in the negotiated agreement. Assignment to duty pay shall not be paid in
32 any year an employee does not meet the minimum period of time in such
33 qualifying assignment required by the agreement or upon cessation of the
34 assignment to duty program on March 30, 2026 unless an extension is
35 negotiated by the parties. Such lump sum shall be considered salary only
36 for final average salary retirement purposes.
37 § 15. Long term seasonal employees. Notwithstanding any inconsistent
38 provisions of law, effective April 1, 2021, where and to the extent
39 that, an agreement between the state and an employee organization
40 entered into pursuant to article 14 of the civil service law so
41 provides, a lump sum shall be paid each year to an employee who is serv-
42 ing in a qualifying long term seasonal position. Such payment shall be
43 in an amount negotiated and pursuant to negotiated qualifying criteria
44 and shall be considered salary only for final average salary retirement
45 purposes. Such benefit shall be available until March 30, 2026.
46 § 16. In recognition of the specific requirements for winter mainte-
47 nance activity for full-time employees of the state department of trans-
48 portation in the collective negotiating unit designated as the opera-
49 tional services unit, established pursuant to article 14 of the civil
50 service law, and to the extent the terms of a negotiated agreement
51 between the state and an employee organization representing such unit
52 entered into pursuant to article 14 of the civil service law so
53 provides, such employees shall receive payments for winter maintenance
54 shifts and call-out responses if otherwise eligible and in accordance
55 with such negotiated agreement.
S. 9478 15
1 § 17. Subdivision 2 of section 17 of chapter 333 of the laws of 1969
2 amending the civil service law and other laws relating to salary
3 increases for certain state officers and employees, as amended by chap-
4 ter 165 of the laws of 2017, is amended to read as follows:
5 2. Any employee subject to this section who is required to work a tour
6 of duty which includes four or more hours between the hours of six p.m.
7 and six a.m., exclusive of any hours for which he or she receives over-
8 time compensation, shall be entitled to inconvenience pay for such tour
9 of duty in an amount equal to the daily rate equivalent of four hundred
10 dollars per year, unless a higher daily rate is authorized under the
11 terms of a collective negotiated agreement between the state and an
12 employee organization pursuant to article 14 of the civil service law,
13 or is authorized by the director of the budget for employees excluded
14 from negotiating rights under article 14 of the civil service law, in
15 which case such daily rate may be up to five hundred seventy-five
16 dollars per year, shall continue effective April 2, [2016] 2021. The
17 provisions of this subdivision shall apply on a prorated basis to offi-
18 cers and employees serving on a seasonal basis in the collective negoti-
19 ating units designated as the administrative services unit, the institu-
20 tional services unit, the operational services unit, and the division of
21 military and naval affairs unit, and officers and employees excluded
22 from collective negotiating units established pursuant to article 14 of
23 the civil service law.
24 § 18. Notwithstanding any inconsistent provision of law, where and to
25 the extent that any agreement between the state and an employee organ-
26 ization entered into pursuant to article 14 of the civil service law so
27 provides on behalf of employees in the collective negotiating units
28 designated as the administrative, institutional, operational services
29 negotiating units or the division of military and naval affairs negoti-
30 ating unit established pursuant to article 14 of the civil service law,
31 the state shall contribute an amount designated in such agreement and
32 for the period covered by such agreement to the accounts of such employ-
33 ees enrolled for dependent care deductions pursuant to subdivision 7 of
34 section 201-a of the state finance law. Such amounts shall be from funds
35 appropriated in this act and shall not be part of basic annual salary
36 for overtime or retirement purposes.
37 § 19. Notwithstanding any provision of law to the contrary, the appro-
38 priations contained in this act shall be available to the state for the
39 payment and publication of grievance and arbitration settlements and
40 awards pursuant to articles 33 and 34 of the collective negotiating
41 agreement between the state and the employee organization representing
42 the collective negotiating units designated as the administrative
43 services unit, the institutional services unit, the operational services
44 unit or the division of military and naval affairs unit established
45 pursuant to article 14 of the civil service law.
46 § 20. During the period April 2, 2021 through April 1, 2026, there
47 shall be a statewide labor-management committee continued and adminis-
48 tered pursuant to the terms of the agreement negotiated between the
49 state and an employee organization representing employees in the collec-
50 tive negotiating units designated as the administrative services unit,
51 the institutional services unit, the operational services unit or the
52 division of military and naval affairs unit established pursuant to
53 article 14 of the civil service law which shall, after April 2, 2021,
54 have the responsibility of studying and making recommendations concern-
55 ing the major issues of productivity, the quality of work life and
56 implementing the agreements reached.
S. 9478 16
1 § 21. The salary increases, benefit modifications, and any other
2 modifications to terms and conditions of employment provided for by this
3 act for state employees in the collective negotiating units designated
4 as the administrative services unit, the institutional services unit,
5 the operational services unit or the division of military and naval
6 affairs unit established pursuant to article 14 of the civil service law
7 shall not be implemented until the director of employee relations shall
8 have delivered to the director of the budget and the comptroller a
9 letter certifying that there is in effect with respect to such negotiat-
10 ing units collectively negotiated agreements, ratified by the member-
11 ship, which provide for such increases and modifications.
12 § 22. Date of entitlement to salary increase. Notwithstanding the
13 provisions of this act or of any other law, the increase in salary or
14 compensation of any officer or employee provided by this act shall be
15 added to the salary or compensation of such officer or employee at the
16 beginning of that payroll period the first day of which is nearest to
17 the effective date of such increases as provided in this act, or at the
18 beginning of the earlier of two payroll periods the first days of which
19 are nearest but equally near to the effective dates of such increases as
20 provided in this act, provided, however, that for the purposes of deter-
21 mining the salary of such officer or employee upon reclassification,
22 reallocation, appointment, promotion, transfer, demotion, reinstatement
23 or other change of status, such salary increase shall be deemed to be
24 effective on the date thereof as prescribed in this act, and the payment
25 thereof pursuant to this section on a date prior thereto, instead of on
26 such effective date, shall not operate to confer any additional salary
27 rights or benefits on such officer or employee. Payment of such salary
28 increase may be deferred pursuant to section twenty-three of this act.
29 § 23. Notwithstanding the provisions of any other section of this act
30 or any other provision of law to the contrary, pending payment pursuant
31 to this act of the basic annual salaries of incumbents of positions
32 subject to this act, such incumbents shall receive, as partial compen-
33 sation for services rendered, the rate of salary and other compensation
34 otherwise payable in their respective positions. An incumbent holding a
35 position subject to this act at any time during the period from April 1,
36 2021, until the time when basic annual salaries and other compensation
37 due are first paid pursuant to this act for such services in excess of
38 the salary and other compensation actually received therefor, shall be
39 entitled to a lump sum payment for the difference between the salary and
40 other compensation to which such incumbent is entitled for such services
41 and the salary and other compensation actually received pursuant to the
42 terms of an agreement between the state and the employee organization
43 representing the employees covered by this act.
44 § 24. The comptroller is authorized to pay any amounts required during
45 the fiscal year commencing April 1, 2022 by the foregoing provisions of
46 this act for any state department or agency from any appropriation or
47 other funds available to such state department or agency for personal
48 service or for other related employee benefits during such fiscal year.
49 To the extent that such appropriations in any fund are insufficient to
50 accomplish the purposes herein set forth, the director of the budget is
51 authorized to allocate to the various departments and agencies, from any
52 appropriations available in any fund, the amounts necessary to pay such
53 amounts.
54 § 25. No officer or employee participating in a special annuity
55 program pursuant to the provisions of article 8-C of the education law
56 shall, by reason of an increase in compensation pursuant to this act,
S. 9478 17
1 suffer any reduction of the salary adjustment to which he or she would
2 otherwise be entitled by reason of participation in such program, and
3 such salary adjustment shall be based upon the salary of such officer or
4 employee without regard to the reduction authorized by such article.
5 § 26. Notwithstanding any provision of the state finance law or any
6 other provision of law to the contrary, the sum of $220,000,000 is here-
7 by appropriated in the general fund/state purposes account (10050) in
8 miscellaneous-all state departments and agencies solely for
9 apportionment/transfer by the director of the budget for use by any
10 state department or agency in any fund for the fiscal year beginning
11 April 1, 2022 to supplement appropriations for personal service, other
12 than personal service and fringe benefits, and to carry out the
13 provisions of this act. No money shall be available for expenditure from
14 this appropriation until a certificate of approval has been issued by
15 the director of the budget and a copy of such certificate or any amend-
16 ment thereto has been filed with the state comptroller, the chairman of
17 the senate finance committee and the chairman of the assembly ways and
18 means committee. The monies hereby appropriated are available for
19 payment of any liabilities or obligations incurred prior to or during
20 the state fiscal year commencing April 1, 2021 through March 31, 2023.
21 For this purpose, these appropriations shall remain in full force and
22 effect for the payment of liabilities incurred on or before March 31,
23 2023.
24 § 27. The several amounts as hereinafter set forth, or so much thereof
25 as may be necessary, are hereby appropriated from the fund so designated
26 for use by any state department or agency for the fiscal year beginning
27 April 1, 2022 to supplement appropriations from each respective fund
28 available for personal service, other than personal service and fringe
29 benefits, and to carry out the provisions of this act. The monies hereby
30 appropriated are available for payment of any liabilities or obligations
31 incurred prior to or during the state fiscal year commencing April 1,
32 2021 through March 31, 2023. No money shall be available for expenditure
33 from this appropriation until a certificate of approval has been issued
34 by the director of the budget and a copy of such certificate or any
35 amendment thereto has been filed with the state comptroller, the chair
36 of the senate finance committee and the chair of the assembly ways and
37 means committee.
38 ALL STATE DEPARTMENTS AND AGENCIES
39 SPECIAL PAY BILLS
40 General Fund / State Operations
41 State Purposes Account - 003
42 Non-personal Service
43 Joint committee on health benefits ............. 1,980,864
44 Employee training and development ............. 15,942,512
45 Safety and health maintenance committee .......... 947,861
46 Employment security committee .................... 793,506
47 Work-Life Services ............................. 3,781,531
48 Discipline ....................................... 566,930
49 Statewide performance rating committee ............ 62,948
50 Employee Assistance Program ...................... 949,044
51 Property damage ................................... 46,866
52 Work related clothing (operational services
53 unit) ........................................ 1,537,802
S. 9478 18
1 Tool allowance (operational services unit) ....... 112,321
2 Tool insurance (operational services unit) ........ 38,079
3 Uniform allowance (institutional services
4 unit) .......................................... 605,312
5 Work related clothing (institutional
6 services unit) ................................. 112,616
7 Work related clothing (administrative
8 services unit) .................................. 62,500
9 Contract Administration .......................... 400,000
10 § 28. This act shall take effect immediately and shall be deemed to
11 have been in full force and effect on and after April 1, 2021. Appropri-
12 ations made by this act shall remain in full force and effect for
13 liabilities incurred through March 31, 2023.
------------------------------------------------------------------------
REPEAL NOTE.--Subparagraphs 1, 2, 3, 4 and 5 of paragraph a of subdi-
vision 1 of section 130 of the civil service law, repealed by section
one of this act, provided salary schedules for state employees in the
administrative services unit, the operational services unit, the insti-
tutional services unit and the division of military and naval affairs
and are replaced by revised salary schedules in new subparagraphs 1, 2,
3, 4 and 5.
14 PART B
15 SALARIES AND BENEFITS FOR CERTAIN STATE
16 OFFICERS AND EMPLOYEES EXCLUDED FROM
17 COLLECTIVE NEGOTIATING UNITS FOR 2021-2022
18 Section 1. Subparagraphs 1, 2, 3, 4 and 5 of paragraph d of subdivi-
19 sion 1 of section 130 of the civil service law are repealed and two new
20 subparagraphs 1 and 2 are added to read as follows:
21 (1) Effective April first, two thousand twenty-one:
22 GRADEHIRING RATEJOB RATE
23 M/C 3$28,315$36,198
24 M/C 4$29,565$37,840
25 M/C 5$31,338$39,677
26 M/C 6$32,668$41,712
27 M/C 7$34,551$43,970
28 M/C 8$36,449$46,235
29 M/C 9$38,531$48,696
30 M/C 10$40,607$51,399
31 M/C 11$43,071$54,251
32 M/C 12$45,344$57,097
33 M/C 13$47,980$60,270
34 M/C 14$50,831$63,583
35 M/C 15$53,660$67,016
36 M/C 16$56,684$70,591
37 M/C 17$59,902$74,486
38 M/C 18$60,219$74,724
39 M/C 19$63,449$78,611
40 M/C 20$66,683$82,553
41 M/C 21$70,279$86,817
42 M/C 22$74,057$91,378
S. 9478 19
1 M/C 23$77,853$97,268
2 M 1$84,031$106,218
3 M 2$93,192$117,800
4 M 3$103,431$130,705
5 M 4$114,398$144,369
6 M 5$127,025$160,485
7 M 6$140,641$176,900
8 M 7$155,024$191,996
9 M 8$130,708+
10 (2) Effective April first, two thousand twenty-two:
11 GRADEHIRING RATEJOB RATE
12 M/C 3$28,881$36,922
13 M/C 4$30,156$38,597
14 M/C 5$31,965$40,471
15 M/C 6$33,321$42,546
16 M/C 7$35,242$44,849
17 M/C 8$37,178$47,160
18 M/C 9$39,302$49,670
19 M/C 10$41,419$52,427
20 M/C 11$43,932$55,336
21 M/C 12$46,251$58,239
22 M/C 13$48,940$61,475
23 M/C 14$51,848$64,855
24 M/C 15$54,733$68,356
25 M/C 16$57,818$72,003
26 M/C 17$61,100$75,976
27 M/C 18$61,423$76,218
28 M/C 19$64,718$80,183
29 M/C 20$68,017$84,204
30 M/C 21$71,685$88,553
31 M/C 22$75,538$93,206
32 M/C 23$79,410$99,213
33 M 1$85,712$108,342
34 M 2$95,056$120,156
35 M 3$105,500$133,319
36 M 4$116,686$147,256
37 M 5$129,566$163,695
38 M 6$143,454$180,438
39 M 7$158,124$195,836
40 M 8$133,322+
41 § 2. Subdivision 1 of section 19 of the correction law is REPEALED and
42 a new subdivision 1 is added to read as follows:
43 1. This section shall apply to each superintendent of a correctional
44 facility appointed on or after August ninth, nineteen hundred seventy-
45 five and any superintendent heretofore appointed who elects to be
46 covered by the provisions thereof by filing such election with the
47 commissioner.
48 a. The salary schedule for superintendents of a correctional facility
49 with an inmate population capacity of four hundred or more inmates shall
50 be as follows:
51 Effective April first, two thousand twenty-one:
52 Hiring RateJob Rate
53 $133,007$181,510
S. 9478 20
1 Effective April first, two thousand twenty-two:
2 Hiring RateJob Rate
3 $135,667$185,140
4 b. The salary schedule for superintendents of correctional facilities
5 with an inmate population capacity of fewer than four hundred inmates
6 shall be as follows:
7 Effective April first, two thousand twenty-one:
8 Hiring RateJob Rate
9 $103,431$130,707
10 Effective April first, two thousand twenty-two:
11 Hiring RateJob Rate
12 $105,500$133,321
13 § 3. Paragraph (b) of subdivision 8 of section 130 of the civil
14 service law, as amended by section 3 of part D of chapter 24 of the laws
15 of 2019, is amended to read as follows:
16 (b) Officers and employees to whom the provisions of this subdivision
17 apply may receive lump sum merit awards in accordance with guidelines
18 issued by the director of the budget within the appropriations made
19 available therefor. Additionally, effective April first, nineteen
20 hundred eighty-eight, and each April first thereafter, such officers and
21 employees to whom the provisions of this subdivision apply whose basic
22 annual salary equals or exceeds the job rate of the salary grade of
23 their position who on their anniversary date have five or more years of
24 continuous service as defined by paragraph (c) of subdivision three of
25 this section at a basic annual salary rate equal to or in excess of the
26 job rate or maximum salary of their salary grade and whose basic annual
27 salary is less than eight hundred seventy-five dollars during fiscal
28 year two thousand seven-two thousand eight, one thousand dollars during
29 fiscal year two thousand eight-two thousand nine, and one thousand one
30 hundred twenty-five dollars during fiscal year two thousand nine-two
31 thousand ten in excess of the job rate of the salary grade of their
32 position shall on such anniversary date have their basic annual salary
33 as otherwise effective increased by a longevity payment in the amount of
34 eight hundred seventy-five dollars during fiscal year two thousand
35 seven-two thousand eight, one thousand dollars during fiscal year two
36 thousand eight-two thousand nine, and one thousand one hundred twenty-
37 five dollars during fiscal year two thousand nine-two thousand ten,
38 except that such officers and employees who on their anniversary date
39 have ten or more years of continuous service as defined by paragraph (c)
40 of subdivision three of this section at a basic annual salary rate equal
41 to or in excess of the job rate or maximum salary of the salary grade of
42 their position and whose basic annual salary is less than one thousand
43 seven hundred fifty dollars during fiscal year two thousand seven-two
44 thousand eight, two thousand dollars during fiscal year two thousand
45 eight-two thousand nine, and two thousand two hundred fifty dollars
46 during fiscal year two thousand nine-two thousand ten in excess of the
47 job rate of the salary grade of their position shall on such anniversary
48 date receive a longevity payment increasing their basic annual salary to
49 that of the job rate of the salary grade of their position increased by
50 one thousand seven hundred fifty dollars during fiscal year two thousand
51 seven-two thousand eight, two thousand dollars during fiscal year two
52 thousand eight-two thousand nine, and two thousand two hundred fifty
53 dollars during fiscal year two thousand nine-two thousand ten. Such
54 increases shall be effective at the beginning of the pay period follow-
55 ing the anniversary date upon which the required service is attained.
56 Effective April first, two thousand ten, however, such longevity
S. 9478 21
1 payments shall be made in the amount of one thousand two hundred fifty
2 dollars to officers and employees as defined herein who on their anni-
3 versary date have five or more years of continuous service as defined by
4 paragraph (c) of subdivision three of this section at a basic annual
5 salary rate equal to or in excess of the job rate or maximum salary of
6 their salary grade, and in the amount of two thousand five hundred
7 dollars to officers and employees as defined herein who on their anni-
8 versary date have ten or more years of continuous service as defined by
9 paragraph (c) of subdivision three of this section at a basic annual
10 salary rate equal to or in excess of the job rate or maximum salary of
11 their salary grade.
12 Effective April first, two thousand nineteen, however, such longevity
13 payments shall be made in the amount of one thousand five hundred
14 dollars to officers and employees as defined herein who on their anni-
15 versary date have five or more years of continuous service as defined by
16 paragraph (c) of subdivision three of this section at a basic annual
17 salary rate equal to or in excess of the job rate or maximum salary of
18 their salary grade, and in the amount of three thousand dollars to offi-
19 cers and employees as defined herein who on their anniversary date have
20 ten or more years of continuous service as defined by paragraph (c) of
21 subdivision three of this section at a basic annual salary rate equal to
22 or in excess of the job rate or maximum salary of their salary grade.
23 Additionally, effective April first, two thousand twenty, such officers
24 and employees to whom the provisions of this subdivision apply whose
25 basic annual salary equals or exceeds the job rate of the salary grade
26 of their position who on their anniversary date have fifteen or more
27 years of continuous service as defined by paragraph (c) of subdivision
28 three of this section at a basic annual salary rate equal to or in
29 excess of the job rate or maximum salary of their salary grade shall on
30 such anniversary date receive a longevity payment in the amount of four
31 thousand five hundred dollars. Such payments shall be made in addition
32 to and shall not be considered part of basic annual salary and shall be
33 made by separate check as soon as practicable following the anniversary
34 date upon which the required service is attained.
35 § 4. Compensation for certain state officers and employees. 1. The
36 provisions of this section shall apply to the following annual-salaried
37 state officers and employees: (a) officers and employees whose positions
38 are designated managerial or confidential pursuant to article 14 of the
39 civil service law; (b) civilian state employees of the division of mili-
40 tary and naval affairs in the executive department whose positions are
41 not in, or are excluded from representation rights in, any recognized or
42 certified negotiating unit; (c) officers and employees excluded from
43 representation rights under article 14 of the civil service law pursuant
44 to rules or regulations of the public employment relations board; and
45 (d) officers and employees whose salaries are prescribed by section 19
46 of the correction law.
47 2. For such officers and employees the following increases shall
48 apply: effective April 1, 2021, the basic annual salary of officers and
49 employees to whom the provisions of this subdivision apply shall be
50 increased by two percent adjusted to the nearest whole dollar amount,
51 and effective April 1, 2022 the basic annual salary of officers and
52 employees to whom the provisions of this subdivision apply shall be
53 increased by two percent adjusted to the nearest whole dollar amount.
54 3. If an unencumbered position is one that, if encumbered, would be
55 subject to the provisions of this section, the salary of such position
56 shall be increased by the salary increase amount specified in this
S. 9478 22
1 section. If a position is created and is filled by the appointment of an
2 officer or employee who is subject to the provisions of this section,
3 the salary otherwise provided for such position shall be increased in
4 the same manner as though such position had been in existence but unen-
5 cumbered.
6 4. The increase in salary payable pursuant to this section shall apply
7 on a prorated basis in accordance with guidelines issued by the director
8 of the budget to officers and employees otherwise eligible to receive an
9 increase in salary pursuant to this act who are paid on an hourly or per
10 diem basis, employees serving on a part-time or seasonal basis, and
11 employees paid on any basis other than at an annual salary rate.
12 5. Notwithstanding any of the foregoing provisions of this section,
13 the provisions of this section shall not apply to the following except
14 as otherwise provided by law: (a) officers or employees paid on a fee
15 schedule basis; (b) officers or employees whose salaries are prescribed
16 by section 40, 60, or 169 of the executive law; (c) officers or employ-
17 ees in collective negotiating units established pursuant to article 14
18 of the civil service law.
19 6. Officers and employees to whom the provisions of this section apply
20 who are incumbents of positions that are not allocated to salary grades
21 specified in paragraph d of subdivision 1 of section 130 of the civil
22 service law and whose salary is not prescribed in any other statute
23 shall receive the salary increases specified in subdivision two of this
24 section.
25 7. In order to provide for the officers and employees to whom this
26 section applies who are not allocated to salary grades performance
27 advancements, merit awards, longevity payments and in lieu payments, and
28 special achievement awards in proportion to those provided to persons to
29 whom this section applies who are allocated to salary grades, the direc-
30 tor of the budget is authorized to add appropriate adjustments to the
31 compensation that such officers and employees are otherwise entitled to
32 receive. The director of the budget shall issue certificates that shall
33 contain schedules of positions and the salaries or payments thereof for
34 which adjustments or payments are made pursuant to the provisions of
35 this subdivision, and a copy of each such certificate shall be filed
36 with the state comptroller, the department of civil service, the chair
37 of the senate finance committee and the chair of the assembly ways and
38 means committee.
39 8. Notwithstanding any of the foregoing provisions of this section,
40 any increase in compensation for any officer or employee appointed to a
41 lower graded position from a redeployment list pursuant to subdivision 1
42 of section 79 of the civil service law who continues to receive his or
43 her former salary pursuant to such subdivision shall be determined on
44 the basis of such lower graded position provided, however, that the
45 increases in salary provided in subdivision two of this section shall
46 not cause such officer's or employee's salary to exceed the job rate of
47 any such lower graded position at salary grade.
48 9. Notwithstanding any of the foregoing provisions of this section or
49 of any law to the contrary, the director of the budget may reduce the
50 salary of any position which is vacant or which becomes vacant, so long
51 as the position, if encumbered, would be subject to the provisions of
52 this section. The director of the budget does not need to provide a
53 reason for such reduction.
54 § 5. Compensation for certain state officers and employees in the
55 division of state police. 1. The provisions of this section shall apply
S. 9478 23
1 to officers and employees whose salaries are provided for by paragraph
2 (a) of subdivision 1 of section 215 of the executive law.
3 2. Effective April 1, 2021, the basic annual salary of officers and
4 employees to whom the provisions of this subdivision apply shall be
5 increased by two percent adjusted to the nearest whole dollar amount,
6 and effective April 1, 2022 the basic annual salary of officers and
7 employees to whom the provisions of this subdivision apply shall be
8 increased by two percent adjusted to the nearest whole dollar amount.
9 3. The increases in salary payable pursuant to this section shall
10 apply on a prorated basis in accordance with guidelines issued by the
11 director of the budget to officers and employees otherwise eligible to
12 receive an increase in salary pursuant to this act who are paid on an
13 hourly or per diem basis, employees serving on a part-time or seasonal
14 basis, and employees paid on any basis other than at an annual salary
15 rate.
16 4. Notwithstanding any of the foregoing provisions of this section,
17 any increase in compensation for any officer or employee appointed to a
18 lower graded position from a redeployment list pursuant to subdivision 1
19 of section 79 of the civil service law who continues to receive his or
20 her former salary pursuant to such subdivision shall be determined on
21 the basis of such lower graded position provided, however, that the
22 increase in salary provided in subdivision two of this section shall not
23 cause such officer's or employee's salary to exceed the job rate of any
24 such lower graded position at salary grade.
25 § 6. Compensation for certain state employees in the state university
26 and certain employees of contract colleges at Cornell and Alfred univer-
27 sities. 1. (a) Effective April 1, 2021, the basic annual salary of
28 incumbents of positions in the professional service in the state univer-
29 sity that are designated, stipulated, or excluded from negotiating units
30 as managerial or confidential as defined pursuant to article 14 of the
31 civil service law, may be increased pursuant to plans approved by the
32 state university trustees. Such increase in basic annual salary rates
33 shall not exceed in the aggregate two percent of the total basic annual
34 salary rates in effect on March 31, 2021.
35 (b) Effective April 1, 2022, the basic annual salary of incumbents of
36 positions in the professional service in the state university that are
37 designated, stipulated, or excluded from negotiating units as managerial
38 or confidential as defined pursuant to article 14 of the civil service
39 law, may be increased pursuant to plans approved by the state university
40 trustees. Such increase in basic annual salary rates shall not exceed in
41 the aggregate two percent of the total basic annual salary rates in
42 effect on March 31, 2022.
43 2. (a) Effective April 1, 2021, the basic annual salary of incumbents
44 of positions in the institutions under the management and control of
45 Cornell and Alfred universities as representatives of the board of trus-
46 tees of the state university that, in the opinion of the director of
47 employee relations, would be designated managerial or confidential were
48 they subject to article 14 of the civil service law may be increased
49 pursuant to plans approved by the state university trustees. Such
50 increase in basic annual salary rates shall not exceed in the aggregate
51 two percent of the total basic annual salary rates in effect March 31,
52 2021.
53 (b) Effective April 1, 2022, the basic annual salary of incumbents of
54 positions in the institutions under the management and control of
55 Cornell and Alfred universities as representatives of the board of trus-
56 tees of the state university that, in the opinion of the director of
S. 9478 24
1 employee relations, would be designated managerial or confidential were
2 they subject to article 14 of the civil service law may be increased
3 pursuant to plans approved by the state university trustees. Such
4 increase in basic annual salary rates shall not exceed in the aggregate
5 two percent of the total basic annual salary rates in effect March 31,
6 2022.
7 3. (a) During the period April 1, 2021 through March 31, 2022, the
8 basic annual salary of incumbents of positions in the non-professional
9 service that, in the opinion of the director of employee relations,
10 would be designated managerial or confidential were they subject to
11 article 14 of the civil service law, except those positions in the
12 Cornell service and maintenance unit that are subject to the terms of a
13 collective bargaining agreement between Cornell University and the
14 employee organization representing employees in such positions and
15 except those positions in the Alfred service and maintenance unit that
16 are subject to the terms of a collective bargaining agreement between
17 Alfred University and the employee organization representing employees
18 in such positions, in institutions under the management and control of
19 Cornell and Alfred universities as representatives of the board of trus-
20 tees of the state university may be increased pursuant to plans approved
21 by the state university trustees. Such plans may include a new salary
22 schedule which shall supersede the salary schedules then in effect
23 applicable to such employees. Such plans shall provide for an increase
24 in basic annual salary, which, exclusive of performance advancement
25 payments or merit recognition payments, shall not exceed in the aggre-
26 gate two percent of the total basic annual salary rates in effect on
27 March 31, 2021.
28 (b) During the period April 1, 2022 through March 31, 2023, the basic
29 annual salary of incumbents of positions in the non-professional service
30 that, in the opinion of the director of employee relations, would be
31 designated managerial or confidential were they subject to article 14 of
32 the civil service law, except those positions in the Cornell service and
33 maintenance unit that are subject to the terms of a collective bargain-
34 ing agreement between Cornell University and the employee organization
35 representing employees in such positions and except those positions in
36 the Alfred service and maintenance unit that are subject to the terms of
37 a collective bargaining agreement between Alfred University and the
38 employee organization representing employees in such positions, in
39 institutions under the management and control of Cornell and Alfred
40 universities as representatives of the board of trustees of the state
41 university may be increased pursuant to plans approved by the state
42 university trustees. Such plans may include a new salary schedule which
43 shall supersede the salary schedules then in effect applicable to such
44 employees. Such plans shall provide for an increase in basic annual
45 salary, which, exclusive of performance advancement payments or merit
46 recognition payments, shall not exceed in the aggregate two percent of
47 the total basic annual salary rates in effect on March 31, 2022.
48 4. For the purposes of this section, the basic annual salary of an
49 employee is that salary that is obtained through direct appropriation of
50 state moneys for the purpose of paying wages. Nothing in this part shall
51 prevent increasing amounts paid to incumbents of such positions in the
52 professional service in addition to the basic annual salary, provided,
53 however, that the amounts required for such increase and the cost of
54 fringe benefits attributable to such increase, as determined by the
55 comptroller, are made available to the state in accordance with the
S. 9478 25
1 procedures established by the state university, with the approval of the
2 director of the budget, for such purposes.
3 5. Notwithstanding any of the foregoing provisions of this section or
4 any law to the contrary, any increase in compensation may be withheld in
5 whole or in part from any employee to whom the provisions of this
6 section apply pursuant to section fourteen of this act.
7 § 7. Compensation for certain state employees in the state university
8 that are designated, stipulated, or excluded from negotiating units as
9 managerial or confidential pursuant to article 14 of the civil service
10 law and certain employees of contract colleges at Cornell and Alfred
11 universities.
12 1. The provisions of this subdivision shall apply only to incumbents
13 of positions in bargaining unit 13 in the professional service of the
14 state university that are designated, stipulated or excluded from nego-
15 tiating units as managerial or confidential pursuant to article 14 of
16 the civil service law.
17 (a) For each of the years 2021 and 2022, there shall be available an
18 amount equal to one-half of one percent (0.5%) of the total of the basic
19 annual salaries on June 30 of each such year of incumbents to whom the
20 provisions of this subdivision apply, for distribution to such incum-
21 bents on the payroll on June 30 of each such year and at the time of
22 payment by the state university trustees in their discretion, and
23 subject to the approval of the chancellor and the director of the budg-
24 et.
25 (b) Additionally, for each of the years 2021 and 2022 there also shall
26 be available an amount equal to one-half of one percent (0.5%) of the
27 total of the basic annual salaries on June 30 of each such year of
28 incumbents to whom the provisions of this subdivision apply, for
29 distribution to such incumbents on the payroll on June 30 of each such
30 year and at the time of payment by the state university trustees in
31 their discretion, and subject to the approval of the chancellor and the
32 director of the budget, to address equity, compression and inversion
33 issues. Such distributions as described in this paragraph shall occur
34 not later than December 31 of each year, and shall be retroactive to
35 July 1 of such year.
36 2. The compensation increases in subdivision one of this section may
37 also be provided by Cornell and Alfred universities, within available
38 appropriations, at their discretion, and with the requisite approval of
39 the state university trustees and the director of the budget, to incum-
40 bents of positions in the institutions under the management of Cornell
41 and Alfred universities as representative of the board of trustees of
42 the state university of New York that, in the opinion of the director of
43 employee relations, would be designated managerial or confidential were
44 they subject to article 14 of the civil service law.
45 § 8. Location compensation for certain state officers and employees.
46 1. This section shall apply to all full-time annual salaried state
47 officers and employees and non-annual salaried seasonal state officers
48 and employees except the following:
49 (a) officers and employees of the legislature and the judiciary,
50 including officers and employees of boards, bodies and commissions that
51 are deemed to be part of the legislature or judiciary for the purposes
52 of section 49 of the state finance law;
53 (b) officers and employees whose salaries are prescribed by or deter-
54 mined in accordance with section 40, 60, 169, 215 or 216 of the execu-
55 tive law;
S. 9478 26
1 (c) incumbents of allocated or unallocated positions in the profes-
2 sional service in the state university and in institutions under the
3 management and control of Cornell and Alfred universities as represen-
4 tatives of the board of trustees of the state university;
5 (d) officers and employees who are in recognized or certified collec-
6 tive negotiating units pursuant to article 14 of the civil service law.
7 2. Notwithstanding the provisions of section 15 of chapter 333 of the
8 laws of 1969, as amended, officers and employees subject to this section
9 whose principal place of employment or, in the case of field employees,
10 whose official station as determined in accordance with the regulations
11 of the comptroller is located:
12 (a) in the county of Monroe and who were eligible to receive location
13 pay on March 31, 1985, shall receive location pay at the rate of $200
14 per year provided they continue to be otherwise eligible.
15 (b) in the city of New York, or in the county of Rockland, Westches-
16 ter, Nassau, or Suffolk shall continue to receive a downstate adjustment
17 at the rate of $3,026 effective October 1, 2008.
18 (c) in the county of Dutchess, Orange, or Putnam shall continue to
19 receive a mid-Hudson adjustment at the rate of $1,513 effective October
20 1, 2008.
21 3. Such location payments shall be in addition to and shall not be a
22 part of an employee's basic annual salary and shall not affect or impair
23 any advancements or other rights or benefits to which an employee may be
24 entitled by law, provided, however, that location payments shall be
25 included as compensation for purposes of computation of overtime pay and
26 for retirement purposes.
27 4. For the sole purpose of continuing eligibility for location pay in
28 Monroe county, an employee previously eligible to receive location pay
29 on March 31, 1985 who is on an approved leave of absence or participates
30 in an employer program to reduce to part-time service during summer
31 months shall continue to be eligible for said location pay upon return
32 to full-time state service in Monroe county.
33 § 9. Continuation of location compensation for certain officers and
34 employees of the Hudson Valley developmental disabilities services
35 office. 1. Notwithstanding any law, rule or regulation to the contrary,
36 any officer or employee of the Hudson Valley developmental disabilities
37 services office not represented in collective negotiating units estab-
38 lished pursuant to article 14 of the civil service law who is receiving
39 location pay pursuant to section 5 of chapter 174 of the laws of 1993
40 shall continue to receive such location pay under the conditions and at
41 the rates specified by such section.
42 2. Notwithstanding section eight of this act or any other provision of
43 law, rule or regulation to the contrary, any officer or employee of the
44 Hudson Valley developmental disabilities services office not represented
45 in collective negotiating units established pursuant to article 14 of
46 the civil service law who is receiving location pay pursuant to section
47 eight of this act shall continue to be eligible for such location pay if
48 such officer's or employee's principal place of employment is changed to
49 a location outside of the county of Rockland as the result of a
50 reduction or redeployment of staff, provided, however, that such officer
51 or employee is reassigned to or otherwise appointed or promoted to a
52 different position at another work location within such Hudson Valley
53 developmental disabilities services office located outside of the county
54 of Rockland. The rate of such continued location pay shall not exceed
55 the rate such officer or employee is receiving on the date of such reas-
56 signment, appointment, or promotion.
S. 9478 27
1 § 10. Overtime meal allowance. Notwithstanding any other provision of
2 law to the contrary, individuals in positions in the classified service
3 of the state of New York designated managerial or confidential pursuant
4 to article 14 of the civil service law, shall continue to receive,
5 effective April 1, 2011, an overtime meal allowance in the amount of
6 $5.50 pursuant to eligibility guidelines developed by the director of
7 employee relations.
8 § 11. Effect of participation in special annuity program. No officer
9 or employee participating in a special annuity program pursuant to the
10 provisions of article 8-C of the education law shall, by reason of an
11 increase in compensation pursuant to this act, suffer any reduction of
12 the salary adjustment to which that employee would otherwise be entitled
13 by reason of participation in such program, and such salary adjustment
14 shall be based upon the salary of such officer or employee without
15 regard to the reduction authorized by such article.
16 § 12. 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 § 13. 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 fourteen of this act.
38 § 14. Deferred payment of salary increase. 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, 2021, 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 § 15. 1. Notwithstanding the provisions of any other section of this
53 act or any other provision of law to the contrary, any increase in
54 compensation provided: (a) in this act, or (b) as a result of a
55 promotion, appointment, or advancement to a position in a higher salary
56 grade, or (c) pursuant to paragraph (c) of subdivision 6 of section 131
S. 9478 28
1 of the civil service law, or (d) pursuant to paragraph (b) of subdivi-
2 sion 8 of section 130 of the civil service law, or (e) pursuant to para-
3 graph (a) of subdivision 3 of section 13 of chapter 732 of the laws of
4 1988, as amended, may be withheld in whole or in part from any officer
5 or employee when, in the opinion of the director of the budget, such
6 withholding is necessary to reflect the job performance of such officer
7 or employee, or to maintain appropriate salary relationships among offi-
8 cers or employees of the state, or to reduce state expenditures to
9 acceptable levels or when, in the opinion of the director of the budget,
10 such increase is not warranted or is not appropriate. As a result of an
11 exercise of the director's authority under this act to withhold any
12 increase, such salary schedules as defined in section one of this act
13 shall be implemented and/or modified by the director of the budget, as
14 necessary, consistent with the provision or withholding of such
15 increases pursuant to this section.
16 2. Notwithstanding the provisions of any other section of this act,
17 the salary increase provided for in this act shall not be implemented
18 until the director of the budget delivers notice to the comptroller that
19 such amounts may be paid.
20 § 16. Use of appropriations. Notwithstanding any provision of the
21 state finance law or any other provision of law to the contrary, the
22 state comptroller is authorized to pay any amounts required during the
23 fiscal year commencing April 1, 2022 by the provisions of this act for
24 any state department or agency from any appropriation or other funds
25 available to such state department or agency for personal service or for
26 other related employee benefits during such fiscal year. To the extent
27 that such appropriations are insufficient in any fund to accomplish the
28 purposes herein set forth, the director of the budget is authorized to
29 allocate to the various departments and agencies, from any appropri-
30 ations available in any fund, the amounts necessary to pay such amounts.
31 The aforementioned appropriations shall be available for payment of any
32 liabilities or obligations incurred prior to April 1, 2022 in addition
33 to current liabilities.
34 § 17. Notwithstanding any provision of the state finance law or any
35 other provision of law to the contrary, the sum of $130,000,000 is here-
36 by appropriated in the general fund/state purposes account (10050) in
37 miscellaneous-all state departments and agencies solely for
38 apportionment/transfer by the director of the budget for use by any
39 state department or agency in any fund for the state fiscal year April
40 1, 2022 through March 31, 2023 to supplement appropriations for personal
41 service, other than personal service and fringe benefits, and to carry
42 out the provisions of this act. No money shall be available for expendi-
43 ture from this appropriation until a certificate of approval has been
44 issued by the director of the budget and a copy of such certificate or
45 any amendment thereto has been filed with the state comptroller, the
46 chair of the senate finance committee and the chair of the assembly ways
47 and means committee. The monies hereby appropriated are available for
48 payment of any liabilities or obligations incurred prior to or during
49 the state fiscal year April 1, 2022 through March 31, 2023. For this
50 purpose, the monies appropriated shall remain in full force and effect
51 for the payment of liabilities incurred on or before March 31, 2023.
52 § 18. This act shall take effect immediately and shall be deemed to
53 have been in full force and effect on and after April 1, 2021. Appro-
54 priations made by this act shall remain in full force and effect for
55 liabilities incurred through March 31, 2023.
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S. 9478 29
REPEAL NOTE.--Subparagraphs 1, 2, 3, 4 and 5 of paragraph d of subdi-
vision 1 of section 130 of the civil service law, repealed by section
one of this act, provided salary schedules for unrepresented state
employees and are replaced by revised salary schedules in new subpara-
graphs 1 and 2. Subdivision 1 of section 19 of the correction law,
repealed by section two of this act, provided salary schedules for
superintendents of correctional facilities and are replaced by revised
salary schedules in new subdivision 1.
1 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
2 sion, section or part contained in any part of this act shall be
3 adjudged by any court of competent jurisdiction to be invalid, such
4 judgment shall not affect, impair, or invalidate the remainder thereof,
5 but shall be confined in its operation to the clause, sentence, para-
6 graph, subdivision, section or part contained in any part thereof
7 directly involved in the controversy which such judgment shall have been
8 rendered. It is hereby declared to be the intent of the legislature that
9 this act would have been enacted even if such invalid provisions had not
10 been included herein.
11 § 3. This act shall take effect immediately provided, however, that
12 the applicable effective date of Parts A through B of this act shall be
13 as specifically set forth in the last section of such Part.
