Rpld §130 sub 1 ¶c sub¶¶ 1, 2 & 3, amd §130, Civ Serv L
Implements agreements between the state and an employee organization relating to compensation, benefits and other terms and conditions of employment of certain state officers and employees.
STATE OF NEW YORK
________________________________________________________________________
8036
2021-2022 Regular Sessions
IN ASSEMBLY
June 7, 2021
___________
Introduced by M. of A. ABBATE -- (at request of the Governor) -- read
once and referred to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to compensation,
benefits and other terms and conditions of employment of certain state
officers and employees; to implement agreements between the state and
an employee organization; making an appropriation for the purpose of
effectuating certain provisions thereof; 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, 2 and 3 of paragraph c of subdivision 1 of
2 section 130 of the civil service law is REPEALED and four new subpara-
3 graphs 1, 2, 3 and 4 are added to read as follows:
4 (1) Effective April fourth, two thousand nineteen for officers and
5 employees on the administrative payroll and effective March twenty-
6 eighth, two thousand nineteen for officers and employees on the institu-
7 tional payroll:
8 PS&T SALARY SCHEDULE
9 EFFECTIVE April 4, 2019 (ADMIN)
10 EFFECTIVE March 28, 2019 (INST)
11 HIRINGJOBADVANCEJOB RATE
12 SGRATERATEAMOUNTADVANCE
13 1$23,778$30,682$987$982
14 2$24,680$31,923$1,035$1,033
15 3$25,889$33,483$1,085$1,084
16 4$27,050$35,042$1,138$1,164
17 5$28,332$36,715$1,198$1,195
18 6$29,851$38,651$1,257$1,258
19 7$31,526$40,742$1,308$1,368
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12025-02-1
A. 8036 2
1 8$33,262$42,895$1,355$1,503
2 9$35,116$45,200$1,404$1,660
3 10$37,107$47,709$1,466$1,806
4 11$39,233$50,405$1,562$1,800
5 12$41,434$53,081$1,615$1,957
6 13$43,846$56,107$1,679$2,187
7 14$46,364$59,186$1,794$2,058
8 15$48,988$62,457$1,861$2,303
9 16$51,736$65,849$1,932$2,521
10 17$54,639$69,558$2,024$2,775
11 18$57,736$73,418$1,983$3,784
12 19$60,864$77,301$2,065$4,047
13 20$63,981$81,172$2,151$4,285
14 21$67,373$85,425$2,246$4,576
15 22$70,995$89,886$2,340$4,851
16 23$74,750$94,548$2,437$5,176
17 24$78,731$99,394$2,531$5,477
18 25$83,075$104,711$2,639$5,802
19 26$87,451$107,795$2,746$3,868
20 27$92,183$113,542$2,891$4,013
21 28$97,039$119,181$3,003$4,124
22 29$102,125$125,075$3,118$4,242
23 30$107,462$131,215$3,233$4,355
24 31$113,189$137,791$3,354$4,478
25 32$119,208$144,599$3,467$4,589
26 33$125,692$151,882$3,581$4,704
27 34$132,387$159,447$3,705$4,830
28 35$139,250$167,145$3,825$4,945
29 36$146,249$175,064$3,956$5,079
30 37$153,925$183,601$4,079$5,202
31 38$143,605
32 (2) Effective April second, two thousand twenty for officers and
33 employees on the administrative payroll and effective March twenty-
34 sixth, two thousand twenty for officers and employees on the institu-
35 tional payroll:
36 PS&T SALARY SCHEDULE
37 EFFECTIVE April 2, 2020 (ADMIN)
38 EFFECTIVE March 26, 2020 (INST)
39 HIRINGJOBADVANCEJOB RATE
40 SGRATERATEAMOUNTADVANCE
41 1$24,254$31,297$1,007$1,001
42 2$25,174$32,564$1,055$1,060
43 3$26,407$34,150$1,107$1,101
44 4$27,591$35,740$1,161$1,183
45 5$28,899$37,447$1,222$1,216
46 6$30,448$39,423$1,282$1,283
47 7$32,157$41,555$1,334$1,394
48 8$33,927$43,753$1,382$1,534
49 9$35,818$46,103$1,432$1,693
50 10$37,849$48,662$1,495$1,843
51 11$40,018$51,410$1,593$1,834
52 12$42,263$54,140$1,647$1,995
53 13$44,723$57,231$1,713$2,230
54 14$47,291$60,371$1,830$2,100
A. 8036 3
1 15$49,968$63,705$1,898$2,349
2 16$52,771$67,169$1,970$2,578
3 17$55,732$70,946$2,064$2,830
4 18$58,891$74,887$2,022$3,864
5 19$62,081$78,849$2,106$4,132
6 20$65,261$82,794$2,194$4,369
7 21$68,720$87,133$2,291$4,667
8 22$72,415$91,684$2,386$4,953
9 23$76,245$96,441$2,485$5,286
10 24$80,306$101,379$2,581$5,587
11 25$84,737$106,802$2,691$5,919
12 26$89,200$109,951$2,801$3,945
13 27$94,027$115,813$2,948$4,098
14 28$98,980$121,565$3,063$4,207
15 29$104,168$127,577$3,180$4,329
16 30$109,611$133,839$3,298$4,440
17 31$115,453$140,547$3,421$4,568
18 32$121,592$147,491$3,536$4,683
19 33$128,206$154,920$3,653$4,796
20 34$135,035$162,636$3,779$4,927
21 35$142,035$170,488$3,901$5,047
22 36$149,174$178,565$4,035$5,181
23 37$157,004$187,273$4,161$5,303
24 38$146,477
25 (3) Effective April first, two thousand twenty-one for officers and
26 employees on the administrative payroll and effective March twenty-
27 fifth, two thousand twenty-one for officers and employees on the insti-
28 tutional payroll:
29 PS&T SALARY SCHEDULE
30 EFFECTIVE April 1, 2021 (ADMIN)
31 EFFECTIVE March 25, 2021 (INST)
32 HIRINGJOBADVANCEJOB RATE
33 SGRATERATEAMOUNTADVANCE
34 1$24,739$31,922$1,027$1,021
35 2$25,677$33,216$1,076$1,083
36 3$26,935$34,835$1,129$1,126
37 4$28,143$36,456$1,184$1,209
38 5$29,477$38,198$1,246$1,245
39 6$31,057$40,214$1,308$1,309
40 7$32,800$42,389$1,361$1,423
41 8$34,606$44,625$1,409$1,565
42 9$36,534$47,028$1,461$1,728
43 10$38,606$49,637$1,525$1,881
44 11$40,818$52,438$1,625$1,870
45 12$43,108$55,223$1,680$2,035
46 13$45,617$58,374$1,747$2,275
47 14$48,237$61,575$1,867$2,136
48 15$50,967$64,981$1,936$2,398
49 16$53,826$68,511$2,010$2,625
50 17$56,847$72,364$2,105$2,887
51 18$60,069$76,387$2,063$3,940
52 19$63,323$80,429$2,148$4,218
53 20$66,566$84,450$2,238$4,456
54 21$70,094$88,877$2,337$4,761
55 22$73,863$93,519$2,434$5,052
56 23$77,770$98,372$2,535$5,392
A. 8036 4
1 24$81,912$103,405$2,633$5,695
2 25$86,432$108,935$2,745$6,033
3 26$90,984$112,150$2,857$4,024
4 27$95,908$118,129$3,007$4,179
5 28$100,960$123,996$3,124$4,292
6 29$106,251$130,129$3,244$4,414
7 30$111,803$136,516$3,364$4,529
8 31$117,762$143,358$3,490$4,656
9 32$124,024$150,441$3,607$4,775
10 33$130,770$158,018$3,726$4,892
11 34$137,736$165,889$3,855$5,023
12 35$144,876$173,898$3,979$5,148
13 36$152,157$182,136$4,116$5,283
14 37$160,144$191,018$4,244$5,410
15 38$149,407
16 (4) Effective March thirty-first, two thousand twenty-two for officers
17 and employees on the administrative payroll and effective April seventh,
18 two thousand twenty-two for officers and employees on the institutional
19 payroll:
20 PS&T SALARY SCHEDULE
21 EFFECTIVE March 31, 2022 (ADMIN)
22 EFFECTIVE April 7, 2022 (INST)
23 HIRINGJOBADVANCEJOB RATE
24 SGRATERATEAMOUNTADVANCE
25 1$25,234$32,558$1,048$1,036
26 2$26,191$33,878$1,098$1,099
27 3$27,474$35,531$1,152$1,145
28 4$28,706$37,184$1,208$1,230
29 5$30,067$38,961$1,271$1,268
30 6$31,678$41,018$1,334$1,336
31 7$33,456$43,236$1,388$1,452
32 8$35,298$45,518$1,438$1,592
33 9$37,265$47,968$1,490$1,763
34 10$39,378$50,628$1,556$1,914
35 11$41,634$53,490$1,657$1,914
36 12$43,970$56,324$1,714$2,070
37 13$46,529$59,542$1,782$2,321
38 14$49,202$62,806$1,904$2,180
39 15$51,986$66,278$1,974$2,448
40 16$54,903$69,882$2,050$2,679
41 17$57,984$73,813$2,148$2,941
42 18$61,270$77,912$2,104$4,018
43 19$64,589$82,036$2,191$4,301
44 20$67,897$86,140$2,283$4,545
45 21$71,496$90,657$2,383$4,863
46 22$75,340$95,392$2,483$5,154
47 23$79,325$100,342$2,586$5,501
48 24$83,550$105,472$2,686$5,806
49 25$88,161$111,111$2,800$6,150
50 26$92,804$114,393$2,914$4,105
51 27$97,826$120,492$3,067$4,264
52 28$102,979$126,476$3,186$4,381
53 29$108,376$132,732$3,309$4,502
54 30$114,039$139,246$3,431$4,621
55 31$120,117$146,225$3,559$4,754
56 32$126,504$153,450$3,679$4,872
A. 8036 5
1 33$133,385$161,178$3,800$4,993
2 34$140,491$169,207$3,932$5,124
3 35$147,774$177,376$4,059$5,248
4 36$155,200$185,779$4,198$5,391
5 37$163,347$194,838$4,329$5,517
6 38$152,395
7 § 2. Compensation for certain state officers and employees in collec-
8 tive negotiating units. 1. The provisions of this section shall apply to
9 annual-salaried officers and employees in the collective negotiating
10 unit designated as the professional, scientific and technical services
11 unit established pursuant to article 14 of the civil service law.
12 2. Effective April fourth, two thousand nineteen for officers and
13 employees on the administrative payroll and effective March twenty-
14 eighth, two thousand nineteen for officers and employees on the institu-
15 tional payroll, the basic annual salary of officers and employees in
16 full-time employment status on the day before such payroll period shall
17 be increased by two percent adjusted to the nearest whole dollar amount.
18 3. Effective April second, two thousand twenty for officers and
19 employees on the administrative payroll and effective March twenty-
20 sixth, two thousand twenty for officers and employees on the institu-
21 tional payroll, the basic annual salary of officers and employees in
22 full-time employment status on the day before such payroll period shall
23 be increased by two percent adjusted to the nearest whole dollar amount.
24 4. Effective April first, two thousand twenty-one for officers and
25 employees on the administrative payroll and effective March twenty-
26 fifth, two thousand twenty-one for officers and employees on the insti-
27 tutional payroll, the basic annual salary of officers and employees in
28 full-time employment status on the day before such payroll period shall
29 be increased by two percent adjusted to the nearest whole dollar amount.
30 5. Effective March thirty-first, two thousand twenty-two for officers
31 and employees on the administrative payroll and effective April seventh,
32 two thousand twenty-two for officers and employees on the institutional
33 payroll, the basic annual salary of officers and employees in full-time
34 employment status on the day before such payroll period shall be
35 increased by two percent adjusted to the nearest whole dollar amount.
36 6. Notwithstanding the provisions of subdivisions two, three, four and
37 five of this section, if the basic annual salary of an officer or
38 employee to whom the provisions of this section apply is identical with
39 the hiring rate or the job rate of the salary grade of his or her posi-
40 tion on the effective dates of the increases provided in these subdivi-
41 sions, such basic annual salary shall be increased to the hiring rate or
42 job rate, respectively, of such salary grade as contained in the appro-
43 priate salary schedules in subparagraphs 1, 2, 3 and 4 of paragraph c of
44 subdivision 1 of section 130 of the civil service law, as added by
45 section one of this act, to take effect on the dates provided in such
46 subparagraphs. Except as herein provided to the contrary, the increases
47 in basic annual salary provided by this subdivision shall be in lieu of
48 any increase in basic annual salary provided for in subdivisions two,
49 three, four and five of this section.
50 7. Payments pursuant to the provisions of subdivision 6 of section 131
51 of the civil service law for annual salaried officers and employees
52 entitled to such payments to whom the provisions of this section apply
53 shall be payable in accordance with the terms of an agreement reached
54 pursuant to article 14 of the civil service law between the state and an
55 employee organization representing employees subject to the provisions
56 of this section.
A. 8036 6
1 8. If an unencumbered position is one which if encumbered, would be
2 subject to the provisions of this section, the salary of such position
3 shall be increased by the salary increase amounts specified in this
4 section. If a position is created, and filled by the appointment of an
5 officer or employee who is subject to the provisions of this section,
6 the salary otherwise provided for such position shall be increased in
7 the same manner as though such position had been in existence but unen-
8 cumbered. Notwithstanding the provisions of this section, the director
9 of the budget may reduce the salary of any such position which is or
10 becomes vacant.
11 9. The increases in salary provided in subdivisions two, three, four
12 and five of this section shall apply on a prorated basis to officers and
13 employees, otherwise eligible to receive an increase in salary, who are
14 paid on an hourly or per diem basis, employees serving on a part-time or
15 seasonal basis, and employees paid on any basis other than at an annual
16 salary rate. Notwithstanding the foregoing, the provisions of subdivi-
17 sions six, seven and fourteen of this section shall not apply to employ-
18 ees serving on a per diem or seasonal basis, except as determined by the
19 director of the budget.
20 10. In order to provide for the officers and employees to whom this
21 section applies but are not allocated to salary grades, but are paid on
22 an annual basis, increases and payments pursuant to subdivisions seven
23 and fourteen of this section in proportion to those provided to persons
24 to whom this section applies who are allocated to salary grades, the
25 director of the budget is authorized to add appropriate adjustments
26 and/or payments to the compensation which such officers and employees
27 are otherwise entitled to receive. The director of the budget shall
28 issue certificates which shall contain schedules of positions and the
29 salaries and/or payments thereof for which adjustments and/or payments
30 are made pursuant to the provisions of this subdivision, and a copy of
31 each such certificate shall be filed with the state comptroller, the
32 department of civil service, the chair of the senate finance committee
33 and the chair of the assembly ways and means committee.
34 11. Notwithstanding any other provision of this section, the
35 provisions of this section shall not apply to officers or employees paid
36 on a fee schedule basis, provided however, that the increases in basic
37 annual salary provided for in subdivisions two, three, four and five of
38 this section shall apply to fire instructors paid on a fee schedule
39 basis employed by the division of homeland security and emergency
40 services.
41 12. Notwithstanding any other provision of this section, except subdi-
42 vision one, any increase in compensation for any officer or employee
43 appointed to a lower graded position from a redeployment list pursuant
44 to subdivision 1 of section 79 of the civil service law who continues to
45 receive his or her former salary pursuant to such subdivision shall be
46 determined on the basis of such lower graded position provided, however,
47 that the increase in salary provided in this section shall not cause
48 such officer's or employee's salary to exceed the job rate of such lower
49 graded position.
50 13. Notwithstanding any other provision of this section or any law to
51 the contrary, any increase in compensation may be withheld in whole or
52 in part from any employee to whom the provisions of this section are
53 applicable when, in the opinion of the director of the budget and the
54 director of employee relations, such increase is not warranted or is not
55 appropriate for any reason.
A. 8036 7
1 14. Notwithstanding any law, rule or regulation to the contrary, offi-
2 cers and employees to whom the provisions of this section apply shall
3 receive performance awards in accordance with the terms of a collective-
4 ly negotiated agreement between the state and the employee organization
5 representing such employees entered into pursuant to article 14 of the
6 civil service law, effective for the period commencing April 2, 2019 and
7 ending April 1, 2023, in accordance with the rules and regulations
8 issued by the director of the budget to implement payment of such nego-
9 tiated performance awards.
10 § 3. Location compensation for certain state officers and employees.
11 Notwithstanding any inconsistent provisions of law, officers and employ-
12 ees, including seasonal officers and employees who shall continue to
13 receive the compensation provided for pursuant to this section on a
14 pro-rated basis except part-time officers and employees, in the collec-
15 tive negotiating unit designated as the professional, scientific and
16 technical services unit established pursuant to article 14 of the civil
17 service law, whose principal place of employment or, in the case of a
18 field employee, whose official station as determined in accordance with
19 the regulations of the comptroller, is located: (a) in the county of
20 Monroe and who were eligible to receive location pay on March 31, 1985,
21 shall receive location pay at the rate of two hundred dollars per year
22 provided they continue to be otherwise eligible; or (b) in the city of
23 New York, or in the county of Rockland, Westchester, Nassau or Suffolk
24 shall continue to receive a downstate adjustment at the annual rate of
25 three thousand twenty-six dollars effective April 1, 2011; or (c) in the
26 county of Dutchess, Putnam or Orange shall continue to receive a mid-
27 Hudson adjustment at the annual rate of one thousand five hundred thir-
28 teen dollars effective April 1, 2011. Such location payments shall be
29 in addition to and shall not be a part of an officer's or employee's
30 basic annual salary, and shall not affect or impair any performance
31 advancements or other rights or benefits to which an officer or employee
32 may be entitled by law, provided, however, that location payments shall
33 be included as compensation for purposes of computation of overtime pay
34 and for retirement purposes. For the sole purpose of continuing eligi-
35 bility for location pay in Monroe county, an officer or employee previ-
36 ously eligible to receive location pay on March 31, 1985 who is on an
37 approved leave of absence or participates in an employer program to
38 reduce to part-time service during summer months shall continue to be
39 eligible for said location pay upon return to full-time state service in
40 Monroe county.
41 § 4. Continuation of location compensation for certain officers and
42 employees of the Hudson Valley developmental disabilities services
43 office. 1. Notwithstanding any law, rule or regulation to the contrary,
44 any officer or employee of the Hudson Valley developmental disabilities
45 services office represented in the collective negotiating unit desig-
46 nated as the professional, scientific and technical services unit, who
47 is receiving location pay pursuant to section 5 of chapter 174 of the
48 laws of 1993 shall continue to receive such location pay under the
49 conditions and at the rate specified by such section.
50 2. Notwithstanding any law, rule or regulation to the contrary, any
51 officer or employee of the Hudson Valley developmental disabilities
52 services office represented in the collective negotiating unit desig-
53 nated as the professional, scientific and technical services unit, who
54 is receiving location pay pursuant to subdivision 2 of section 9 of
55 chapter 315 of the laws of 1995 shall continue to receive such location
56 pay under the conditions and at the rates specified by such subdivision.
A. 8036 8
1 3. Notwithstanding section three of this act or any other law, rule or
2 regulation to the contrary, any officer or employee of the Hudson Valley
3 developmental disabilities services office represented in the collective
4 negotiating unit designated as the professional, scientific and techni-
5 cal services unit, who is receiving location pay pursuant to section
6 three of this act shall continue to be eligible for such location pay if
7 as the result of a reduction or redeployment of staff, such officer or
8 employee is reassigned to or otherwise appointed or promoted to a
9 different position at another work location within the Hudson Valley
10 developmental disabilities services office. The rate of such continued
11 location pay shall not exceed the rate such officer or employee is
12 receiving on the date of such reassignment, appointment or promotion.
13 § 5. Special assignment to duty pay. Notwithstanding any inconsistent
14 provisions of law, effective April 2, 2019, where and to the extent
15 that, an agreement between the state and an employee organization
16 entered into pursuant to article 14 of the civil service law so
17 provides, a special assignment to duty lump sum shall be paid each year
18 to an employee who is serving in a particular assignment deemed quali-
19 fied pursuant to such agreement. Such payment shall be in an amount
20 negotiated for those employees assigned to qualifying work assignments
21 and who work such assignments for the minimum periods of time in a year
22 provided in the negotiated agreement. Assignment to duty pay shall not
23 be paid in any year an employee does not meet the minimum period of time
24 in such qualifying assignment required by the agreement or upon cessa-
25 tion of the assignment to duty program on April 1, 2023 unless an exten-
26 sion is negotiated by the parties. Such lump sum shall be considered
27 salary only for final average salary retirement purposes.
28 § 6. Long term seasonal employees. Notwithstanding any inconsistent
29 provisions of law, effective April 2, 2019, where and to the extent
30 that, an agreement between the state and an employee organization
31 entered into pursuant to article 14 of the civil service law so
32 provides, a lump sum shall be paid each year to an employee who is serv-
33 ing in a qualifying long term seasonal position. Such payment shall be
34 in an amount negotiated and pursuant to negotiated qualifying criteria
35 and shall be considered salary only for final average salary retirement
36 purposes. Such benefit shall be available until March 31, 2023.
37 § 7. Notwithstanding any inconsistent provisions of law, where and to
38 the extent that an agreement between the state and an employee organiza-
39 tion entered into pursuant to article 14 of the civil service law so
40 provides on behalf of employees in the collective negotiating unit
41 designated as the professional, scientific and technical services unit
42 established pursuant to article 14 of the civil service law, the state
43 shall contribute an amount designated in such agreement and for the
44 period covered by such agreement to the accounts of such employees
45 enrolled for dependent care deductions pursuant to subdivision 7 of
46 section 201-a of the state finance law. Such amounts shall be from
47 funds appropriated in this act and shall not be part of basic annual
48 salary for overtime or retirement purposes.
49 § 8. Notwithstanding any provision of law to the contrary, the appro-
50 priations contained in this act shall be available to the state for the
51 payment and publication of grievance and arbitration settlements and
52 awards pursuant to articles 33 and 34 of the collective negotiating
53 agreement between the state and the employee organization representing
54 the collective negotiating unit designated as the professional, scien-
55 tific and technical services unit established pursuant to article 14 of
56 the civil service law.
A. 8036 9
1 § 9. During the period April 2, 2019 through April 1, 2023, there
2 shall be a statewide labor-management committee continued and adminis-
3 tered pursuant to the terms of the agreement negotiated between the
4 state and an employee organization representing employees in the collec-
5 tive negotiating unit designated as the professional, scientific and
6 technical services unit established pursuant to article 14 of the civil
7 service law which shall after April 2, 2019, have the responsibility of
8 studying, making recommendations concerning the major issues of produc-
9 tivity, the quality of work life and implementing the agreements
10 reached.
11 § 10. Inconvenience pay program. Pursuant to chapter 333 of the laws
12 of 1969, as amended, and an agreement negotiated between the state and
13 an employee organization representing employees in the professional,
14 scientific and technical services unit established pursuant to article
15 14 of the civil service law, an eligible employee shall continue to be
16 paid five hundred seventy-five dollars per year for working four or more
17 hours between the hours of 6:00 p.m. and 6:00 a.m. effective April 2,
18 2011.
19 § 11. Notwithstanding any provision of law to the contrary, effective
20 April 2, 2019, where and to the extent that an agreement between the
21 state and an employee organization so provides for a program concerning
22 a firearms training and safety incentive for peace officers in the
23 professional, scientific and technical services bargaining unit, a lump
24 sum payment for such incentive shall be paid for each year of such
25 program to any employee who is deemed qualified pursuant to such agree-
26 ment. Such payment shall be in an amount negotiated for those employees
27 who meet criteria established by such program. Such payment shall occur
28 at the time prescribed by such program or as soon as practicable there-
29 after. Such lump sum payment shall not be paid in any year an employee
30 does not meet the qualifications and criteria of such program or upon
31 cessation of such program on April 1, 2023 unless an extension is nego-
32 tiated by the parties. Such lump sum payment shall be considered salary
33 for overtime purposes.
34 § 12. Notwithstanding any provision of law to the contrary, effective
35 April 2, 2019, where and to the extent that an agreement between the
36 state and an employee organization entered into pursuant to article 14
37 of the civil service law so provides on behalf of certain employees in
38 the collective negotiating unit designated as the professional, scien-
39 tific and technical services unit, and where there exists a policy
40 requiring employees in the fire protection specialist title series at
41 the office of fire prevention and control to wear uniforms, a lump sum
42 uniform allowance shall be paid to covered employees in accordance with
43 the terms of such agreement and policy. Such payments shall be in an
44 amount negotiated for covered employees and shall not be paid in any
45 year where a policy does not exist requiring uniforms in accordance with
46 the terms of the agreement or where an employee is not required to wear
47 a uniform or receives a regular uniform service. Such uniform allowance
48 will cease to exist on April 1, 2023, unless an extension is negotiated
49 by the parties. Such lump sum shall be considered salary only for final
50 average salary purposes.
51 § 13. (a) Notwithstanding any provision of law to the contrary, as
52 soon as practicable after the ratification of the collective bargaining
53 agreement, where and to the extent that an agreement between the state
54 and an employee organization so provides for a nurses uniform mainte-
55 nance and cleaning allowance for the purpose of maintaining and cleaning
56 their own nurses uniforms, such allowance shall be paid to eligible
A. 8036 10
1 full-time annual salaried employees in nursing titles. The payment for
2 such allowance shall be a one-time lump sum payment in the amount of
3 five hundred dollars but shall not be added to base annual salary and
4 shall not be considered salary for overtime nor retirement purposes. The
5 payment for such allowance shall be pro-rated for individuals who are
6 less than full-time annual salaried.
7 (b) Notwithstanding any provision of law to the contrary, employees in
8 eligible titles who fall under the pilot workers compensation program
9 that was collectively negotiated by the state and an employee organiza-
10 tion shall be paid in accordance with the terms of that agreed upon
11 program.
12 § 14. The salary increases and benefit modifications provided for by
13 this act for state employees in the collective negotiating unit desig-
14 nated as the professional, scientific and technical services unit estab-
15 lished pursuant to article 14 of the civil service law shall not be
16 implemented until the director of employee relations shall have deliv-
17 ered to the director of the budget and the comptroller a letter certify-
18 ing that there is in effect with respect to such negotiating unit a
19 collectively negotiated agreement, ratified by the membership, which
20 provides for such increases and modifications and which are fully
21 executed in writing with the state pursuant to article 14 of the civil
22 service law.
23 § 15. Date of entitlement to salary increases. Notwithstanding the
24 provisions of this act or of any other provision of law to the contrary,
25 the increases in salary or compensation to employees provided by this
26 act shall be added to the salary of such employee at the beginning of
27 that payroll period, the first day of which is nearest to the effective
28 dates of such increases as provided in this act, or at the beginning of
29 the earlier of two payroll periods, the first days of which are nearest
30 but equally near to the effective dates of such increases as provided in
31 this act; provided, however, that, for the purposes of determining the
32 salary of such unit members upon reclassification, reallocation,
33 appointment, promotion, transfer, demotion, reinstatement, or other
34 change of status, such salary increases shall be deemed to be effective
35 on the dates thereof as prescribed by this act, with payment thereof
36 pursuant to this section on a date prior thereto, instead of on such
37 effective dates, and shall not operate to confer any additional salary
38 rights or benefits on such unit members. Payment of such salary
39 increases may be deferred pursuant to section sixteen of this act.
40 § 16. Deferred payment of salary increase. Notwithstanding the
41 provisions of any other section of this act or any other provision of
42 law to the contrary, pending payment pursuant to this act of the basic
43 annual salaries of incumbents of positions subject to this act, such
44 incumbents shall receive, as partial compensation for services rendered,
45 the rate of salary and other compensation otherwise payable in their
46 respective positions. An incumbent holding a position subject to this
47 act at any time during the period from April 1, 2019, until the time
48 when basic annual salaries and other compensation due are first paid
49 pursuant to this act for such services in excess of the salary and other
50 compensation actually received therefor, shall be entitled to a lump sum
51 payment for the difference between the salary and other compensation to
52 which such incumbent is entitled for such services and the salary and
53 other compensation actually received pursuant to the terms of an agree-
54 ment between the state and the employee organization representing the
55 employees covered by this act.
A. 8036 11
1 § 17. Use of appropriations. Notwithstanding any provision of the
2 state finance law or any other provision of law to the contrary, the
3 state comptroller is authorized to pay any amounts required during the
4 fiscal year commencing April 1, 2019, April 1, 2020 or April 1, 2021, by
5 the provisions of this act for any state department or agency from any
6 appropriation or other funds available to such state department or agen-
7 cy for personal service or for other related employee benefits during
8 such fiscal year. To the extent that such appropriations are insuffi-
9 cient in any fund to accomplish the purposes herein set forth, the
10 director of the budget is authorized to allocate to the various depart-
11 ments and agencies, from any appropriations available in any fund, the
12 amounts necessary to pay such amounts. The aforementioned appropriations
13 shall be available for payment of any liabilities or obligations
14 incurred prior to April 1, 2019, April 1, 2020 or April 1, 2021, in
15 addition to current liabilities.
16 § 18. Effect of participation in special annuity program. No officer
17 or employee participating in a special annuity program pursuant to the
18 provisions of article 8-C of the education law shall, by reason of an
19 increase in compensation pursuant to this act, suffer any reduction of
20 the salary adjustment to which he or she would otherwise be entitled by
21 reason of participation in such program, and such salary adjustment
22 shall be based upon the salary of such officer or employee without
23 regard to the reduction authorized by such article.
24 § 19. Notwithstanding any provision of the state finance law or any
25 other provision of law to the contrary, the sum of $746,248,000 is here-
26 by appropriated in the general fund/state purposes account (10050) in
27 miscellaneous-all state departments and agencies solely for
28 apportionment/transfer by the director of the budget for use by any
29 state department or agency in any fund for the period April 1, 2019
30 through March 31, 2022 to supplement appropriations for personal
31 service, other than personal service and fringe benefits, and to carry
32 out the provisions of this act. No money shall be available for expend-
33 iture from this appropriation until a certificate of approval has been
34 issued by the director of the budget and a copy of such certificate or
35 any amendment thereto has been filed with the state comptroller, the
36 chair of the senate finance committee and the chair of the assembly ways
37 and means committee. The monies hereby appropriated are available for
38 payment of any liabilities or obligations incurred prior to or during
39 the period April 1, 2019 through March 31, 2022. For this purpose, the
40 monies appropriated shall remain in full force and effect for the
41 payment of liabilities incurred on or before March 31, 2022.
42 § 20. The several amounts as hereinafter set forth, or so much thereof
43 as may be necessary, are hereby appropriated from the fund so designated
44 for use by any state department or agency for the period commencing
45 April 1, 2019 through March 31, 2022 to supplement appropriations from
46 each respective fund available for other than personal service and
47 fringe benefits, and to carry out the provisions of this act. The monies
48 hereby appropriated are available for payment of any liabilities or
49 obligations incurred prior to or during the period commencing April 1,
50 2019 through March 31, 2022. No money shall be available for expenditure
51 from the monies appropriated until a certificate of approval has been
52 issued by the director of the budget and a copy of such certificate or
53 any amendment thereto has been filed with the state comptroller, the
54 chair of the senate finance committee and the chair of the assembly ways
55 and means committee.
A. 8036 12
1 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES LABOR MANAGEMENT
2 COMMITTEES
3 General Fund/State Operations State Purposes Account - 10050
4 Professional, Scientific and Technical Services Unit
5 Professional development and quality of working life
6 committee.................................................. $1,388,000
7 Health and Safety ............................. $1,802,000
8 PSTP Program ................................. $14,740,000
9 Joint Funded Programs ......................... $2,568,000
10 Multi-Funded Programs ......................... $2,512,000
11 Professional Development for Nurses ........... $1,310,000
12 Property Damage .................................. $54,000
13 Work-Life Services ............................ $6,050,000
14 Joint Committee on Health Benefits ............ $1,310,000
15 Contract Administration .......................... $50,000
16 § 21. This act shall take effect immediately and shall
17 be deemed to have been in full force and effect on and
18 after April 2, 2019. Appropriations made by this act
19 shall remain in full force and effect for liabilities
20 incurred through March 31, 2022.
21 ------------------------------------------------------------------------
22 REPEAL NOTE.--Subparagraphs 1, 2 and 3 of paragraph c
23 of subdivision 1 of section 130 of the civil service law,
24 repealed by section one of this act, provided a salary
25 schedule for state employees in the professional, scien-
26 tific and technical services unit and is replaced by
27 revised salary schedules in new subparagraphs 1, 2, 3 and
28 4.
