Rpld 130 sub 1 e sub 1 & 2, amd 130, Civ Serv L; amd Part A 10, Chap 361 of 2022
Relates to compensation, benefits and other terms and conditions of employment for members of the district council 37 rent regulation services unit; relates to location pay for certain state officers and employees; implements a collective bargaining agreement between the state of New York and the district council 37 rent regulation services unit; makes appropriations.
STATE OF NEW YORK
________________________________________________________________________
9821
IN SENATE
May 31, 2024
___________
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, in relation to compensation,
benefits and other terms and conditions of employment for members of
the district council 37 rent regulation services unit; to amend part A
of chapter 361 of the laws of 2022, amending the civil service law and
the state finance law relating to compensation and other terms and
conditions of employment of certain state officers and employees, to
authorize funding of joint labor-management committees, and relating
to implementing agreements between the state and an employee organiza-
tion, in relation to location pay for certain state officers and
employees; to implement a collective bargaining agreement between the
state of New York and the district council 37 rent regulation services
unit; making an appropriation therefor; and to repeal certain
provisions of the civil service law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs 1 and 2 of paragraph e of subdivision 1 of
2 section 130 of the civil service law are REPEALED and three new subpara-
3 graphs 1, 2 and 3 are added to read as follows:
4 (1) Effective March thirtieth, two thousand twenty-three:
5 STEPSTEPSTEPSTEPSTEPSTEPJR
6 SGHR123456JRINCRINCR
7 12713228047289622987730792317073262233537915915
8 22816729127300873104732007329673392734894960967
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10 4308663192832990340523511436176372383830010621062
11 5323433345534567356793679137903390154012711121112
12 6341523530836464376203877639932410884225111561163
13 7360403725238464396764088842100433124453112121219
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12028-03-4
S. 9821 3
1 269845610154510463410772311081211390111699012136030894370
2 2710378610704011029411354811680212005612331012783032544520
3 2810924911263011601111939212277312615412953513417833814643
4 2911497711848612199512550412901313252213603114081535094784
5 3012098412462412826413190413554413918414282414772636404902
6 3112743313121013498713876414254114631815009515513037775035
7 3213421013811214201414591614981815372015762216279639025174
8 (3) Effective March twenty-seventh, two thousand twenty-five:
9 STEPSTEPSTEPSTEPSTEPSTEPJR
10 SGHR123456JRINCRINCR
11 12878429755307263169732668336393461035574971964
12 2298823090131920329393395834977359963702210191026
13 3313753244033505345703563536700377653882310651058
14 4327463387335000361273725438381395084063511271127
15 5343123549236672378523903240212413924256511801173
16 6362323745838684399104113642362435884482812261240
17 7382353952140807420934337944665459514723712861286
18 8403914172743063443994573547071484074974313361336
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25 15597876159263397652026700768812706177242918051812
26 16631366502466912688007068872576744647635918881895
27 17666906868570680726757467076665786608065519951995
28 18669516924871545738427613978436807338513822974405
29 19705827297575368777618015482547849408964523934705
30 20741937669279191816908418986688891879412124994934
31 21781268073083334859388854291146937509905626045306
32 228232685040877549046893182958969861010423027145620
33 23866828950592328951519797410079710362010965028236030
34 2491298942349717010010610304210597810891411525229366338
35 25963369939610245610551610857611163611469612141330606717
36 2610141010459210777411095611413811732012050212500131824499
37 2710690011025211360411695612030812366012701213166533524653
38 2811252611600811949012297212645412993613341813820334824785
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41 3113125613514613903614292614681615070615459615978438905188
42 3213823614225514627415029315431215833116235016768040195330
43 § 2. Section 10 of part A of chapter 361 of the laws of 2022, amending
44 the civil service law and the state finance law relating to compensation
45 and other terms and conditions of employment of certain state officers
46 and employees, to authorize funding of joint labor-management commit-
47 tees, and relating to implementing agreements between the state and an
48 employee organization, is amended to read as follows:
49 § 10. Location compensation for certain state officers and employees
50 in collective negotiating units. Notwithstanding any inconsistent
51 provisions of law, full-time annual salaried officers and employees, as
52 well as non-annual salaried seasonal officers and employees who shall
53 receive the compensation provided for pursuant to this section on a
S. 9821 4
1 prorated basis, except non-annual salaried officers and employees who
2 are not seasonal, in the collective negotiating units designated as the
3 administrative services unit, the institutional services unit, the oper-
4 ational services unit, or the division of military and naval affairs
5 unit established pursuant to article 14 of the civil service law, whose
6 principal place of employment or, in the case of a field employee, whose
7 official station as determined in accordance with the regulations of the
8 comptroller is located: (1) in the county of Monroe and who were eligi-
9 ble to receive location pay on March 31, 1985, shall receive location
10 pay at the rate of $200 per year provided they continue to be otherwise
11 eligible; (2) in the city of New York, or in the county of Rockland,
12 Westchester, Nassau or Suffolk shall, effective April 1, 2021, continue
13 to receive a downstate adjustment at the annual rate of $3,026; or (3)
14 in the county of Dutchess, Putnam or Orange shall, effective April 1,
15 2021, continue to receive a mid-Hudson adjustment at the annual rate of
16 $1,513. Effective April 1, 2023, in the city of New York, or in the
17 county of Rockland, Westchester, Nassau or Suffolk such amount shall
18 increase to an annual rate of $3,087; and in the county of Dutchess,
19 Putnam or Orange such amount shall increase to an annual rate of $1,543.
20 Effective April 1, 2024, in the city of New York, or in the county of
21 Rockland, Westchester, Nassau or Suffolk such amount shall increase to
22 an annual rate of $3,400; and in the county of Dutchess, Putnam or
23 Orange such amount shall increase to an annual rate of $1,650. Effective
24 April 1, 2025, in the city of New York, or in the county of Rockland,
25 Westchester, Nassau or Suffolk such amount shall increase to an annual
26 rate of $4,000; and in the county of Dutchess, Putnam or Orange such
27 amount shall increase to an annual rate of $2,000. Such location
28 payments shall be in addition to and shall not be a part of an officer's
29 or employee's basic annual salary, and shall not affect or impair any
30 performance advancements or other rights or benefits to which an officer
31 or employee may be entitled by law, provided, however, that location
32 payments shall be included as compensation for purposes of computation
33 of overtime pay and for retirement purposes. For the sole purpose of
34 continuing eligibility for location pay in Monroe county, an officer or
35 employee previously eligible to receive location pay on March 31, 1985
36 who is on an approved leave of absence or participates in an employer
37 program to reduce to part-time service during summer months shall
38 continue to be eligible for said location pay upon return to full-time
39 state service in Monroe county.
40 § 3. Compensation for certain state officers and employees in collec-
41 tive negotiating units. 1. The provisions of this section shall apply to
42 full-time officers and employees in the collective negotiating unit
43 designated as the rent regulation services negotiating unit.
44 2. Effective March 30, 2023, the basic annual salary of officers and
45 employees in full-time employment status on the day before such payroll
46 period shall be increased by three percent adjusted to the nearest whole
47 dollar amount.
48 3. Effective March 28, 2024, the basic annual salary of officers and
49 employees in full-time employment status on the day before such payroll
50 period shall be increased by three percent adjusted to the nearest whole
51 dollar amount.
52 4. Effective March 27, 2025, the basic annual salary of officers and
53 employees in full-time employment status on the day before such payroll
54 period shall be increased by three percent adjusted to the nearest
55 whole dollar amount.
S. 9821 5
1 5. Notwithstanding the provisions of subdivisions two, three and
2 four of this section, if the basic annual salary of an officer or
3 employee to whom the provisions of this section apply is identical with
4 the hiring rate, job rate, or step 1, 2, 3, 4, 5, or 6 of the salary
5 grade of his or her position on the effective dates of the increases
6 provided in these subdivisions, such basic annual salary shall be
7 increased to the hiring rate, step 1, 2, 3, 4, 5, 6, or job rate,
8 respectively, of such salary grade as contained in the appropriate
9 salary schedules in subparagraphs 1, 2 and 3 of paragraph e of subdivi-
10 sion 1 of section 130 of the civil service law, as added by section one
11 of this act, to take effect on the dates provided in subparagraphs
12 1, 2 and 3 of such paragraph, respectively. The increases in basic annu-
13 al salary provided by this subdivision shall be in lieu of any increase
14 in basic annual salary provided for in subdivisions two, three and four
15 of this section.
16 6. Payments pursuant to the provisions of subdivision 6 of section 131
17 of the civil service law for officers and employees entitled to such
18 payments to whom the provisions of this section apply shall be payable
19 in accordance with the terms of an agreement reached pursuant to article
20 14 of the civil service law between the state and an employee organiza-
21 tion representing employees in the collective negotiating unit desig-
22 nated as the rent regulation services negotiating unit.
23 7. If an unencumbered position is one which if encumbered, would be
24 subject to the provisions of this section, the salary of such position
25 shall be increased by the salary increase amounts specified in this
26 section. If a position is created and filled by the appointment of an
27 officer or employee who is subject to the provisions of this section,
28 the salary otherwise provided for such position shall be increased in
29 the same manner as though such position had been in existence but unen-
30 cumbered. Notwithstanding the provisions of this section, the director
31 of the budget may reduce the salary of any such position which is or
32 becomes vacant.
33 8. The increases in salary provided in subdivisions two, three and
34 four of this section shall apply on a prorated basis to officers and
35 employees, otherwise eligible to receive an increase in salary, who are
36 paid on an hourly or per diem basis, employees serving on a part-time
37 or seasonal basis and employees paid on any basis other than at an annu-
38 al salary rate. Notwithstanding the foregoing, the provisions of subdi-
39 visions five and six of this section shall not apply to employees serv-
40 ing on a seasonal basis, except as determined by the director of the
41 budget.
42 9. In order to provide for the officers and employees to whom this
43 section applies who are not allocated to salary grades, increases and
44 payments pursuant to this section in proportion to those provided to
45 persons to whom this section applies who are allocated to salary grades,
46 the director of the budget is authorized to add appropriate adjustments
47 and/or payments to the compensation which such officers and employees
48 are otherwise entitled to receive. The director of the budget shall
49 issue certificates which shall contain schedules of positions and the
50 salaries and/or payments thereof for which adjustments and/or payments
51 are made pursuant to the provisions of this subdivision, and a copy of
52 each such certificate shall be filed with the state comptroller, the
53 state department of civil service, the chairman of the senate finance
54 committee and the chairman of the assembly ways and means committee.
S. 9821 6
1 10. Notwithstanding any of the foregoing provisions of this section,
2 the provisions of this section shall not apply to officers or employees
3 paid on a fee schedule basis.
4 11. Notwithstanding any of the foregoing provisions of this section
5 except subdivision one, any increase in compensation for any officer or
6 employee appointed to a lower graded position from a redeployment list
7 pursuant to subdivision 1 of section 79 of the civil service law who
8 continues to receive his or her former salary pursuant to such subdivi-
9 sion shall be determined on the basis of such lower graded position
10 provided, however, that the increases in salary provided in subdivisions
11 two, three and four of this section shall not cause such officer's or
12 employee's salary to exceed the job rate of such lower graded position.
13 12. Notwithstanding any of the foregoing provisions of this section or
14 any law to the contrary, any increase in compensation may be withheld in
15 whole or in part from any employee to whom the provisions of this
16 section are applicable when, in the opinion of the director of the budg-
17 et and the director of employee relations, such increase is not
18 warranted or is not appropriate for any reason.
19 § 4. 1. Location compensation for certain state officers and employees
20 in collective negotiating units. Notwithstanding any inconsistent
21 provisions of law, officers and employees, including seasonal officers
22 and employees who shall receive the compensation provided for pursuant
23 to this section on a pro-rated basis, except part-time officers and
24 employees, in the collective negotiating unit designated as the rent
25 regulation services negotiating unit, whose principal place of employ-
26 ment or, in the case of a field employee, whose official station as
27 determined in accordance with the regulations of the comptroller, is
28 located in the city of New York, or in the county of Rockland, Westches-
29 ter, Nassau or Suffolk shall continue to receive a downstate adjustment
30 at the annual rate of $3,026. Such location payments shall increase to
31 the following amounts:
32 (a) Effective April 1, 2023: $3,087;
33 (b) Effective April 1, 2024: $3,400; and
34 (c) Effective April 1, 2025: $4,000.
35 2. Such location payments shall be in addition to and shall not be a
36 part of an officer's or employee's basic annual salary, and shall not
37 affect or impair any performance advancements or other rights or bene-
38 fits to which an officer or employee may be entitled by law, provided,
39 however, that location payments shall be included as compensation for
40 purposes of computation of overtime pay and for retirement purposes.
41 § 5. 1. For employees in the rent regulation services unit, a one-time
42 $3,000 signing bonus shall be paid to all eligible members of the unit.
43 Such signing bonus shall not be part of basic annual salary. Similarly,
44 such signing bonus shall not be subject to any salary increases and
45 shall not be pensionable. Such signing bonus shall be prorated for those
46 employees paid on any basis other than an annual basis. Employees paid
47 on a part-time, hourly or per diem basis shall receive a signing bonus
48 pro-rated on a basis reflecting the actual hours worked between December
49 22, 2023 and April 24, 2024, for officers and employees on the adminis-
50 trative payroll. To qualify, employees must be in continuous service in
51 the Rent Regulation Services Unit between December 22, 2023 and April
52 24, 2024 as defined by paragraph (c) of subdivision 3 of section 130 of
53 the civil service law. Employees who separate from state service between
54 December 22, 2023 and April 24, 2024 shall not be eligible for such
55 signing bonus unless they retire directly from active state employment.
S. 9821 7
1 Such bonus shall be effective April 24, 2024 for officers and employees
2 on the administrative payroll.
3 2. Any DC-37 represented employee that has already received a bonus
4 payment pursuant to the collective bargaining agreement of another unit
5 or as a management confidential employee shall be ineligible for this
6 payment.
7 § 6. Notwithstanding any other law to the contrary, where an agreement
8 between the state and the employee organization that represents employ-
9 ees in the rent regulation services unit so provides, effective April 1,
10 2025 longevity awards shall be paid in accordance with the terms of such
11 agreement.
12 § 7. Notwithstanding any other law to the contrary, where an agreement
13 between the state and the employee organization that represents employ-
14 ees in the rent regulation services unit so provides, there shall be
15 paid a higher education differential consistent with the terms of such
16 agreement.
17 § 8. Notwithstanding any inconsistent provision of law, where and to
18 the extent that any agreement between the state and an employee organ-
19 ization entered into pursuant to article 14 of the civil service law so
20 provides on behalf of employees in the collective negotiating unit
21 designated as the rent regulation services negotiating unit, the state
22 shall contribute an amount designated in such agreement and for the
23 period covered by such agreement to the accounts of such employees
24 enrolled for dependent care deductions pursuant to subdivision 7 of
25 section 201-a of the state finance law. Such amounts shall be from funds
26 appropriated in this act and shall not be part of basic annual salary
27 for overtime or retirement purposes.
28 § 9. Notwithstanding any provision of law to the contrary, the appro-
29 priations contained in this act shall be available to the state for the
30 payment and publication of grievance and arbitration settlements and
31 awards pursuant to articles 31 and 33 of the collective negotiating
32 agreement between the state and the employee organization representing
33 the collective negotiating unit designated as the rent regulation
34 services negotiating unit.
35 § 10. During the period April 2, 2023 through April 1, 2026, there
36 shall be labor-management committees continued, administered and created
37 pursuant to the terms of the agreement negotiated between the state and
38 an employee organization representing employees in the collective nego-
39 tiating unit designated as the rent regulation services negotiating unit
40 established pursuant to article 14 of the civil service law which shall,
41 after April 2, 2023, have the responsibility for discussing and attempt-
42 ing to resolve matters of mutual concern and implementing any agreements
43 reached.
44 § 11. The salary increases, benefit modifications, and any other
45 modifications to the terms and conditions of employment provided for by
46 this act for state employees in the collective negotiating unit desig-
47 nated as the rent regulations services negotiating unit established
48 pursuant to article 14 of the civil service law shall not be implemented
49 until the director of employee relations shall have delivered to the
50 director of the budget and the comptroller a letter certifying that
51 there is in effect with respect to such negotiating unit a collectively
52 negotiated agreement, ratified by the membership, which provides for
53 such increases and modifications and which are fully executed in writing
54 with the state pursuant to article 14 of the civil service law.
55 § 12. The comptroller is authorized to pay any amounts required during
56 the fiscal year commencing April 1, 2023 by the foregoing provisions of
S. 9821 8
1 this act for any state department or agency from any appropriation or
2 other funds available to such state department or agency for personal
3 service or for other related employee benefits during such fiscal year.
4 To the extent that such appropriations in any fund are insufficient to
5 accomplish the purposes herein set forth, the director of the budget is
6 authorized to allocate to the various departments and agencies, from any
7 appropriations available in any fund, the amounts necessary to pay such
8 amounts.
9 § 13. No officer or employee participating in a special annuity
10 program pursuant to the provisions of article 8-C of the education law
11 shall, by reason of an increase in compensation pursuant to this act,
12 suffer any reduction of the salary adjustment to which he or she would
13 otherwise be entitled by reason of participation in such program, and
14 such salary adjustment shall be based upon the salary of such officer or
15 employee without regard to the reduction authorized by such article.
16 § 14. Notwithstanding the provisions of any other section of this act,
17 or any other law, pending payment pursuant to this act of the basic
18 annual salaries of incumbents of positions subject to this act, such
19 incumbents shall receive, as partial compensation for services rendered,
20 the rate of compensation otherwise payable in their respective posi-
21 tions. An incumbent holding a position subject to this act at any time
22 during the period from April 1, 2023, until the time when basic annual
23 salaries are first paid pursuant to this act for such services in excess
24 of the compensation actually received therefor, shall be entitled to a
25 lump sum payment for the difference between the salary to which such
26 incumbent is entitled for such services and the compensation actually
27 received therefor. Such lump sum payment shall be made as soon as prac-
28 ticable.
29 § 15. Notwithstanding any provision of the state finance law or any
30 other provision of law to the contrary, the sum of five million, three
31 hundred thousand dollars ($5,300,000) is hereby appropriated in the
32 general fund/state purposes account (10050) in miscellaneous-all state
33 departments and agencies solely for apportionment/transfer by the direc-
34 tor of the budget for use by any state department or agency in any fund
35 for the fiscal year beginning April 1, 2023 through March 31, 2025 to
36 supplement appropriations for personal service, other than personal
37 service and fringe benefits, and to carry out the provisions of this
38 act. No money shall be available for expenditure from this appropri-
39 ation until a certificate of approval has been issued by the director of
40 the budget and a copy of such certificate or any amendment thereto has
41 been filed with the state comptroller, the chair of the senate finance
42 committee and the chair of the assembly ways and means committee. The
43 monies hereby appropriated are available for payment of any liabilities
44 or obligations incurred prior to or during the state fiscal year
45 commencing April 1, 2023 through March 31, 2025. For this purpose, these
46 appropriations shall remain in full force and effect for the payment of
47 liabilities incurred on or before March 31, 2025.
48 § 16. Notwithstanding any provision of the state finance law or any
49 other provision of law to the contrary, the several amounts as herein-
50 after set forth, or so much thereof as may be necessary, are hereby
51 appropriated from the fund so designated for use by any state department
52 or agency for the fiscal year beginning April 1, 2023 through March 31,
53 2025 to supplement appropriations from each respective fund available
54 for personal service, other than personal service and fringe benefits,
55 and to carry out the provisions of this act. The monies hereby appropri-
56 ated are available for payment of any liabilities or obligations
S. 9821 9
1 incurred prior to or during the state fiscal year commencing April 1,
2 2023 through March 31, 2025. No money shall be available for expenditure
3 from this appropriation until a certificate of approval has been issued
4 by the director of the budget and a copy of such certificate or any
5 amendment thereto has been filed with the state comptroller, the chair
6 of the senate finance committee, and the chair of the assembly ways and
7 means committee.
8 ALL STATE DEPARTMENTS AND AGENCIES
9 SPECIAL PAY BILLS
10 General Fund/State Operations
11 State Purposes Account - 003
12 Non-Personal Service
13 Joint Committee on Health Benefits ................. 7,493
14 Employee Assistance Program/Work-Life
15 Services/Family Benefits ........................ 20,524
16 Employee Development and Training ................ 111,000
17 Statewide Performance Rating Committee ............. 4,000
18 Time & Attendance Umpire Process Admin ............. 4,000
19 Disciplinary Panel Administration .................. 6,000
20 Contract Administration ............................ 3,000
21 Employee Benefit Fund ............................ 797,000
22 § 17. This act shall take effect immediately and shall be deemed to
23 have been in full force and effect on and after April 2, 2023. Appropri-
24 ations made by this act shall remain in full force and effect for
25 liabilities incurred through March 31, 2025.
REPEAL NOTE: Subparagraphs 1 and 2 of paragraph e of subdivision 1 of
section 130 of the civil service law are REPEALED by section 1 of this
act and are replaced with new subparagraphs 1, 2 and 3.
