New York State Assembly

 
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A08189 Summary:

A08189 Actions:

A08189 Committee Votes:

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/13/2019AYE/NAY:29/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Barclay
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Excused
Fitzpatrick
Aye
Gantt
Excused
Hawley
Aye
Glick
Aye
Malliotakis
Aye
Nolan
Excused
Montesano
Aye
Pretlow
Aye
Ra
Aye
Perry
Aye
Blankenbush
Aye
Colton
Aye
Palmesano
Aye
Cook
Excused
Norris
Aye
Cahill
Aye
Aubry
Aye
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Absent
Ramos
Aye
Braunstein
Aye
McDonald
Excused
Rozic
Aye
Simotas
Aye
Dinowitz
Aye
Miller
Aye

Committee:RULES   Chair:Gottfried      
DATE:06/17/2019AYE/NAY:26/0  Action: Favorable         
Heastie
Excused
Kolb
Aye
Gottfried
Aye
Crouch
Aye
Lentol
Aye
Finch
Aye
Gantt
Excused
Barclay
Aye
Nolan
Excused
Raia
Aye
Weinstein
Aye
Hawley
Aye
Ortiz
Aye
Giglio
Aye
Pretlow
Aye
Malliotakis
Aye
Cook
Aye
Glick
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Paulin
Aye
Titus
Excused
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Excused
Lupardo
Aye
Zebrowski
Aye

A08189 Floor Votes:

A08189 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8189
 
                               2019-2020 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 6, 2019
                                       ___________
 
        Introduced  by  M.  of A. DINOWITZ -- (at request of the Office of Court
          Administration) -- read once and referred to the Committee on Ways and
          Means
 
        AN ACT to amend chapter 164 of the laws of 2017, relating to  terms  and
          conditions of employment of certain nonjudicial officers and employees
          of  the  unified  court  system  and  chapter 400 of the laws of 2014,
          relating to terms and conditions of employment of certain  nonjudicial
          officers  and  employees  of  the unified court system, in relation to
          rates of pay on and after April 1,  2020;  and  to  establish  certain
          conditions  relating  to salary and compensation increases for certain
          nonjudicial officers and employees of the unified court system
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 1 of chapter 164 of the laws of 2017, relating to
     2  terms and conditions of employment of certain nonjudicial  officers  and
     3  employees of the unified court system, is amended to read as follows:
     4    Section  1. Legislative findings. The legislature finds that a collec-
     5  tive bargaining agreement has  been  negotiated  by  the  unified  court
     6  system  with  an employee organization representing nonjudicial officers
     7  and employees in the state judiciary negotiating unit.  The  purpose  of
     8  this  act  is  to  implement  this agreement and to provide increases in
     9  compensation for nonjudicial officers and employees of the unified court
    10  system not in collective negotiating units. References in  this  act  to
    11  the unified court system's classification structure shall mean the clas-
    12  sification  structure  established  by  the  chief  administrator of the
    13  courts on May 28, 1979, as amended since that date.  References  to  the
    14  April,  2016  salary schedule shall mean the salary schedule promulgated
    15  by the chief administrator of the courts pursuant to subdivision (c)  of
    16  section  2  of chapter 400 of the laws of 2014. References to the April,
    17  2017 salary schedule, the April, 2018 salary schedule [and], the  April,
    18  2019  salary schedule and the April, 2020 salary schedule shall mean the
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13150-02-9
        A. 8189                             2
 
     1  salary schedules promulgated by  the  chief  administrator  pursuant  to
     2  subdivisions  (a),  (b)  [and],  (c) and (d) of section two of this act,
     3  respectively.
     4    §  2.  Section 2 of chapter 164 of the laws of 2017, relating to terms
     5  and conditions of employment of certain nonjudicial officers and employ-
     6  ees of the unified court system, is amended by adding a new  subdivision
     7  (d) to read as follows:
     8    (d)  Effective  April 1, 2020, each of the rates of pay established by
     9  the April, 2019 salary schedule shall be increased as follows:
    10    (1) the maximum rate for each grade shall be increased  by  an  amount
    11  equal to 2 percent thereof (and then rounded up to the nearest dollar);
    12    (2) the amount of the increment for each grade shall equal one-seventh
    13  of the difference (rounded up to the nearest dollar) between the maximum
    14  rate  for such grade, as increased by paragraph (1) of this subdivision,
    15  and 102 percent of the hiring rate for such grade  on  the  April,  2019
    16  salary schedule (rounded up to the nearest dollar); and
    17    (3)  the  hiring,  first,  second, third, fourth, fifth and sixth year
    18  rates of compensation for each grade shall equal the  maximum  rate  for
    19  such  grade, as increased by paragraph (1) of this subdivision, minus 7,
    20  6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as
    21  increased by paragraph (2) of this subdivision, respectively.
    22    § 3. The opening paragraph of subdivision (a) of section 3 of  chapter
    23  164  of the laws of 2017, relating to terms and conditions of employment
    24  of certain nonjudicial officers  and  employees  of  the  unified  court
    25  system, is amended to read as follows:
    26    Each nonjudicial officer and employee of the unified court system in a
    27  position allocated to a salary grade in the unified court system's clas-
    28  sification  structure that is in the state judiciary negotiating unit or
    29  that is not in any collective negotiating unit established  pursuant  to
    30  article  14  of  the  civil service law, shall receive increased compen-
    31  sation in accordance with this section. Longevity payments and increases
    32  to basic annual salary, as provided in this section, shall  be  prorated
    33  for  any nonjudicial officer or employee whose position is part-time, or
    34  who otherwise works part-time, and who is eligible, under the  rules  of
    35  the  chief  judge  of the state or an agreement between the state and an
    36  employee organization pursuant to the provisions of article  14  of  the
    37  civil  service  law,  to accrue annual and sick leave credits. Longevity
    38  payments as provided in this section, and payments pursuant to paragraph
    39  (3) of subdivision (d) of this section and paragraph (3) of  subdivision
    40  (d-1)  of  this section, shall be in addition to and shall not be a part
    41  of an employee's basic annual salary; provided, however, they  shall  be
    42  included  as  compensation for retirement purposes. For purposes of this
    43  section:
    44    § 4. Subdivision (d) of section 3 of chapter 164 of the laws of  2017,
    45  relating  to  terms  and conditions of employment of certain nonjudicial
    46  officers and employees of the unified court system, is amended by adding
    47  a new paragraph 3 to read as follows:
    48    (3) Each such nonjudicial officer and employee in a    title  on  such
    49  date in the security series under the unified court system's classifica-
    50  tion  structure  shall  receive a payment equaling 500 dollars, if he or
    51  she: (i) served the equivalent of 120 workdays in a title in such  secu-
    52  rity series during the preceding state fiscal year; and (ii) was author-
    53  ized  to  carry a firearm while on duty at any time during the preceding
    54  15 months. Such payment shall be prorated for any such nonjudicial offi-
    55  cer or employee otherwise entitled thereto whose position is  part-time,
    56  but not compensated on a per diem or hourly basis.
        A. 8189                             3
 
     1    §  5.  Section 3 of chapter 164 of the laws of 2017, relating to terms
     2  and conditions of employment of certain nonjudicial officers and employ-
     3  ees of the unified court system, is amended by adding a new  subdivision
     4  (d-1) to read as follows:
     5    (d-1) Effective April 1, 2020:
     6    (1)  Each  such  nonjudicial  officer  and employee who is eligible to
     7  receive a full or partial increment of the grade of his or her  position
     8  in  accordance  with  provisions of the judiciary law shall receive such
     9  full or partial increment, to  be  determined  in  accordance  with  the
    10  April, 2019 salary schedule.
    11    (2)  Each such nonjudicial officer and employee shall be placed in his
    12  or her grade on the April, 2020 salary schedule in the  manner  provided
    13  as follows:
    14    (i)  If  his  or  her basic annual salary under the April, 2019 salary
    15  schedule, including any increase  pursuant  to  paragraph  (1)  of  this
    16  subdivision,  is  identical  with  the  hiring, first year, second year,
    17  third year, fourth year, fifth year,  sixth  year  or  maximum  rate  of
    18  compensation  of  the  grade  of  his or her position, that basic annual
    19  salary shall be increased to the corresponding rate of  compensation  in
    20  such grade as established by the April, 2020 salary schedule; or
    21    (ii)  If  his  or her basic annual salary under the April, 2019 salary
    22  schedule, including any increase  pursuant  to  paragraph  (1)  of  this
    23  subdivision,  is not identical with the hiring, first year, second year,
    24  third year, fourth year, fifth year,  sixth  year  or  maximum  rate  of
    25  compensation  of  the  grade  of  his or her position, that basic annual
    26  salary shall be increased by an amount equaling 2 percent  thereof  (and
    27  then rounded up to the nearest dollar).
    28    (3) Each such nonjudicial officer and employee in a title on such date
    29  in  the  security series under the unified court system's classification
    30  structure shall receive a payment equaling 750 dollars, if  he  or  she:
    31  (i)  served  the  equivalent of 120 workdays in a title in such security
    32  series during the preceding state fiscal year; and (ii)  was  authorized
    33  to  carry  a  firearm  while on duty at any time during the preceding 15
    34  months. Such payment shall be prorated for any such nonjudicial  officer
    35  or  employee otherwise entitled thereto whose position is part-time, but
    36  not compensated on a per diem or hourly basis.
    37    § 6. Section 4 of chapter 164 of the laws of 2017, relating  to  terms
    38  and conditions of employment of certain nonjudicial officers and employ-
    39  ees  of the unified court system, is amended by adding a new subdivision
    40  (e) to read as follows:
    41    (e) Effective April 1, 2020, the basic  annual  salary  of  each  such
    42  nonjudicial  officer  and employee shall be increased by an amount equal
    43  to 2 percent thereof (and then rounded up to the nearest dollar).
    44    § 7. Subdivision (i) of section 3 of chapter 400 of the laws of  2014,
    45  relating  to  terms  and conditions of employment of certain nonjudicial
    46  officers and employees of the unified court system, is amended  to  read
    47  as follows:
    48    (i)  Effective  April  1,  2016 and each April 1 thereafter, each such
    49  nonjudicial officer and employee in the  employ  of  the  unified  court
    50  system  who  has  completed  at least 4 years of continuous service at a
    51  basic annual salary rate equal to or higher than the maximum rate of the
    52  employee's salary grade as of the preceding March 31  shall  receive  an
    53  annual  longevity  payment equaling: (i) 2,250 dollars, if he or she has
    54  completed less than 8 years of such service as of such  date,  or  2,300
    55  dollars, if such date is March 31, 2020 or later; or (ii) 4,600 dollars,
    56  if  he  or  she  has completed at least 8 but less than 13 years of such
        A. 8189                             4
 
     1  service as of such date, or 4,700 dollars, if such  date  is  March  31,
     2  2020  or  later;  or  (iii) 6,900 dollars, if he or she has completed at
     3  least 13 years of such service as of such date.
     4    § 8. Subparagraph (iii) of paragraph 1 of subdivision (a) of section 5
     5  of  chapter 164 of the laws of 2017, relating to terms and conditions of
     6  employment of certain nonjudicial officers and employees of the  unified
     7  court system, is amended to read as follows:
     8    (iii)  4,200 dollars annually, during the fiscal year commencing April
     9  1, 2019 and 4,300 dollars during each fiscal year commencing  [each]  on
    10  or after April 1 [thereafter], 2020.
    11    § 9. Subparagraph (iii) of paragraph 2 of subdivision (a) of section 5
    12  of  chapter 164 of the laws of 2017, relating to terms and conditions of
    13  employment of certain nonjudicial officers and employees of the  unified
    14  court system, is amended to read as follows:
    15    (iii)  2,100 dollars annually, during the fiscal year commencing April
    16  1, 2019 and 2,150 dollars during each fiscal year commencing  [each]  on
    17  or after April 1 [thereafter], 2020.
    18    §  10.  Collective  bargaining  agreement  required. The provisions of
    19  sections three, four, five, six, seven, eight and nine of this act shall
    20  not be implemented for nonjudicial officers and employees in  a  collec-
    21  tive  negotiating  unit  established pursuant to article 14 of the civil
    22  service law until the chief administrator of the courts shall have noti-
    23  fied the comptroller that the members  of  such  negotiating  unit  have
    24  ratified a written collective bargaining agreement with the state pursu-
    25  ant  to  article 14 of the civil service law which provides therefor and
    26  delivered to the comptroller a copy of such agreement; and any  increase
    27  in  compensation, including increases in basic annual salary, increments
    28  or  partial  increments,  lump  sum  payments,  or  longevity  payments,
    29  provided  by  sections  three, four, five, six, seven, eight and nine of
    30  this act or otherwise authorized by law:
    31    (a) may be withheld in whole or in part from any  nonjudicial  officer
    32  and employee not in a collective negotiating unit when in the opinion of
    33  the chief administrator, such increase is not warranted or is not appro-
    34  priate; and
    35    (b)  shall not preclude any other increases in compensation for such a
    36  nonjudicial officer or employee as may be authorized by law.
    37    § 11. Date of entitlement. Notwithstanding the provisions of this  act
    38  or  any  other law, each increase in salary or compensation for nonjudi-
    39  cial officers or employees provided by this act shall be  added  to  the
    40  salary  or  compensation of such officer or employee at the beginning of
    41  the payroll period the first day of which is nearest  to  the  effective
    42  date  of  such  increase as provided in this act; provided, however, for
    43  the purposes of determining the salary of such officer or employee  upon
    44  reclassification,   reallocation,   appointment,   promotion,  transfer,
    45  demotion, reinstatement or other change of status, such salary  increase
    46  shall  be  deemed  to  be effective on the date thereof as prescribed in
    47  this act, and the payment thereof pursuant to this section on  the  date
    48  prior  thereto  instead  of on such effective date, shall not operate to
    49  confer any additional salary rights  or  benefits  on  such  officer  or
    50  employee.
    51    §  12.  Deferred  payment  of  salary  increase.  Notwithstanding  the
    52  provisions of this act or any other law, commencing April 1,  2020,  and
    53  pending  payment  pursuant  to  this act of the basic annual salaries of
    54  incumbents of positions subject to this act commencing  April  1,  2020,
    55  such  incumbents  shall  receive,  as  partial compensation for services
    56  rendered, the rate of compensation otherwise payable in their respective
        A. 8189                             5
 
     1  positions pursuant to law then in effect. An incumbent holding  a  posi-
     2  tion  subject  to  this  act at any time during the period from April 1,
     3  2020 until the time when basic annual salaries are first  paid  pursuant
     4  to  this  act  for  such  service in excess of the compensation actually
     5  received therefor shall be entitled  to  a  lump  sum  payment  for  the
     6  difference  between  the  salary to which such incumbent is entitled for
     7  such service and the compensation actually received therefor. Such  lump
     8  sum payment shall be made as soon as practicable.
     9    §  13.  This  act shall take effect immediately and shall be deemed to
    10  have been in full force and effect on and after April 1, 2019.