Rpld S216 sub 2 b, rpld & add S216 sub 2 a, rpld & add S216-c sub 2, rpld S216-b (b), (c) & (d) add (b) &
(c), Exec L; rpld & add S207-b sub 2 b, St Fin L
Relates to the terms and conditions of employment for members of the collective negotiating unit consisting of investigators, senior investigators, and investigative specialists in the division of state police; implements an interest arbitration award covering such members of such unit; amends to salary schedules for such members of such unit; relates to the employee benefit fund for members of such unit; makes an appropriation therefor; and repeals certain provisions of such laws relating thereto.
STATE OF NEW YORK
________________________________________________________________________
8255
2009-2010 Regular Sessions
IN ASSEMBLY
May 11, 2009
___________
Introduced by M. of A. ABBATE, PHEFFER -- (at request of the Governor)
-- read once and referred to the Committee on Governmental Employees
AN ACT to amend the executive law, in relation to terms and conditions
of employment for members of the collective negotiating unit consist-
ing of investigators, senior investigators, and investigative special-
ists in the division of state police; to amend the state finance law,
in relation to terms and conditions of employment for members of the
collective negotiating unit consisting of investigators, senior inves-
tigators, and investigative specialists in the division of state
police; in relation to implementing an agreement covering such members
of such unit and in relation to the employee benefit fund for members
of such unit; to amend the executive law, in relation to salary sched-
ules for such members of such unit; making an appropriation therefor;
and to repeal certain provisions of such laws relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph b of subdivision 2 of section 216 of the execu-
2 tive law is REPEALED.
3 § 2. Paragraph a of subdivision 2 of section 216 of the executive law
4 is REPEALED and a new paragraph a is added to read as follows:
5 a. Salary schedules for investigators, senior investigators, and
6 investigative specialists in the division of state police.
7 (1) Effective April first, two thousand seven, members assigned to the
8 bureau of criminal investigation and investigative specialists appointed
9 to the bureau by the superintendent, shall receive a basic annual salary
10 pursuant to the following schedule:
11 Senior
12 InvestigatorInvestigator
13 Nassau and Suffolk$82,698$86,898
14 New York City, Rockland, Westchester$82,444$86,646
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12055-02-9
A. 8255 2
1 Orange, Putnam, Dutchess$81,479$85,680
2 All other locations$81,300$85,500
3 (2) Effective April first, two thousand eight, members assigned to the
4 bureau of criminal investigation and investigative specialists appointed
5 to the bureau by the superintendent, shall receive a basic annual salary
6 pursuant to the following schedule:
7 Senior
8 InvestigatorInvestigator
9 Nassau and Suffolk$85,179$89,505
10 New York City, Rockland, Westchester$84,917$89,245
11 Orange, Putnam, Dutchess$83,923$88,250
12 All other locations$83,739$88,065
13 (3) Effective April first, two thousand nine, members assigned to the
14 bureau of criminal investigation and investigative specialists appointed
15 to the bureau by the superintendent, shall receive a basic annual salary
16 pursuant to the following schedule:
17 Senior
18 InvestigatorInvestigator
19 Nassau and Suffolk$87,734$92,190
20 New York City, Rockland, Westchester$87,465$91,922
21 Orange, Putnam, Dutchess$86,441$90,898
22 All other locations$86,251$90,707
23 (4) Effective April first, two thousand ten, members assigned to the
24 bureau of criminal investigation and investigative specialists appointed
25 to the bureau by the superintendent, shall receive a basic annual salary
26 pursuant to the following schedule:
27 Senior
28 InvestigatorInvestigator
29 Nassau and Suffolk $91,243$95,878
30 New York City, Rockland, Westchester$90,964$95,599
31 Orange, Putnam, Dutchess$89,899$94,534
32 All other locations$89,701$94,335
33 (5) Effective March thirty-first, two thousand eleven, members
34 assigned to the bureau of criminal investigation and investigative
35 specialists appointed to the bureau by the superintendent, shall receive
36 a basic annual salary pursuant to the following schedule:
37 Senior
38 InvestigatorInvestigator
39 Nassau and Suffolk$106,157$95,878
40 New York City, Rockland, Westchester$105,878$95,599
41 Orange, Putnam, Dutchess$104,813$94,534
42 All other locations$104,615$94,335
43 § 3. Paragraph b of subdivision 2 of section 207-b of the state
44 finance law is REPEALED and a new paragraph b is added to read as
45 follows:
46 b. Pursuant to the terms of an agreement negotiated between the execu-
47 tive branch of the state of New York and the employee organization
48 representing the collective negotiating unit consisting of investi-
49 gators, senior investigators, and investigative specialists in the divi-
50 sion of state police, and upon audit and warrant of the state comp-
51 troller, the director shall provide for the payment of monies to such
52 employee organization for the establishment and maintenance of an
53 employee benefit fund established by the employee organization for the
54 employees in the collective negotiating unit covered by the controlling
55 provisions of such agreement providing for such employee benefit fund,
56 such amount to be determined consistent with said agreement on the basis
A. 8255 3
1 of the number of full-time annual salaried employees, other than full-
2 time seasonal employees, on the payroll on March first, two thousand
3 seven, for payments to be made on April first, two thousand seven, and
4 on the payroll on March first, two thousand eight, for payments to be
5 made on April first, two thousand eight and on the payroll on March
6 first, two thousand nine, for payments to be made on April first, two
7 thousand nine and on the payroll on March first, two thousand ten, for
8 payments to be made on April first, two thousand ten. The amount, which
9 will be determined pursuant to this section, for employees who are paid
10 from special or administrative funds, other than the general fund or the
11 capital projects fund of the state, will be paid from the appropriations
12 as provided by law, in which case the state comptroller shall establish
13 procedures to ensure repayment from said special or administrative
14 funds. The director shall enter into an agreement with an employee
15 organization, which sets forth the specific terms and conditions for the
16 transmittal of monies pursuant to this section.
17 § 4. Subdivision 2 of section 216-c of the executive law is REPEALED
18 and a new subdivision 2 is added to read as follows:
19 2. In addition to the compensation provided in subdivision one of this
20 section, members of the collective negotiating unit consisting of inves-
21 tigators, senior investigators and investigative specialists in the
22 division of state police, on the payroll on November first of each year,
23 shall receive, effective April first, two thousand seven, thirteen
24 hundred ninety-two dollars. Effective April first, two thousand eight,
25 such amount shall be increased to fourteen hundred thirty-four dollars.
26 Effective April first, two thousand nine, such amount shall be increased
27 to fourteen hundred seventy-seven dollars. Effective April first, two
28 thousand ten, such amount shall be increased to fifteen hundred thirty-
29 six dollars. Such payments shall be in addition to, and shall not be
30 part of, the member's annual basic salary, except for the purpose of
31 retirement, and shall be made in a separate check during the payroll
32 period which includes December first each year.
33 § 5. Paragraphs (b), (c) and (d) of subdivision 5 of section 216-b of
34 the executive law are REPEALED and two new paragraphs (b) and (c) are
35 added to read as follows:
36 (b)(1) Effective April first, two thousand seven, all members of the
37 collective negotiating unit consisting of investigators, senior investi-
38 gators and investigative specialists in the division of state police,
39 who on their anniversary date of employment with the division of state
40 police have attained six or more years of such satisfactory service in
41 the division, shall be paid a longevity award according to the following
42 schedule for each year of such satisfactory service up to twenty-five
43 years:
44 Years of ServiceAmount per year
45 6-10$430
46 11-15$480
47 16-25$530
48 (2) Effective April first, two thousand eight, all members of the
49 collective negotiating unit consisting of investigators, senior investi-
50 gators and investigative specialists in the division of state police,
51 who on their anniversary date of employment with the division of state
52 police have attained six or more years of such satisfactory service in
53 the division, shall be paid a longevity award according to the following
54 schedule for each year of such satisfactory service up to twenty-five
55 years:
56 Years of ServiceAmount per year
A. 8255 4
1 6-10$460
2 11-15$510
3 16-25$560
4 (3) Effective April first, two thousand nine, all members of the
5 collective negotiating unit consisting of investigators, senior investi-
6 gators and investigative specialists in the division of state police,
7 who on their anniversary date of employment with the division of state
8 police have attained six or more years of such satisfactory service in
9 the division, shall be paid a longevity award according to the following
10 schedule for each year of such satisfactory service up to twenty-five
11 years:
12 Years of ServiceAmount per year
13 6-10$500
14 11-15$550
15 16-25$600
16 (4) Effective April first, two thousand ten, all members of the
17 collective negotiating unit consisting of investigators, senior investi-
18 gators and investigative specialists in the division of state police,
19 who on their anniversary date of employment with the division of state
20 police have attained six or more years of such satisfactory service in
21 the division, shall be paid a longevity award according to the following
22 schedule for each year of such satisfactory service up to twenty-five
23 years:
24 Years of ServiceAmount per year
25 6-10$540
26 11-15$590
27 16-25$640
28 (5) Individuals with greater than twenty-five years of service shall
29 continue to receive a longevity award at the twenty-five year amount.
30 Such payment shall commence in the pay period following such anniversary
31 date and shall be annualized and paid over the year-long period between
32 anniversary dates.
33 (c) The longevity amounts provided by this subdivision shall be in
34 addition to, and shall not be a part of, a member's annual basic salary,
35 and shall not impair any other rights or benefits to which a member may
36 be entitled; provided, however, that longevity awards shall be included
37 as compensation for purposes of computation of overtime pay and for
38 retirement purposes.
39 § 6. Premium in lieu of overtime. (a) Pursuant to the terms of an
40 agreement negotiated between the executive branch of the state of New
41 York and the employee organization representing the collective negotiat-
42 ing unit consisting of investigators, senior investigators, and investi-
43 gative specialists in the division of state police, effective April 1,
44 2007, senior investigators in the division of state police shall receive
45 an overtime premium in the amount of ten thousand eight hundred eighteen
46 dollars ($10,818). Effective April 1, 2008, such amount shall be
47 increased to eleven thousand one hundred forty-three dollars ($11,143).
48 Effective April 1, 2009, such amount shall be increased to eleven thou-
49 sand four hundred and seventy-seven dollars ($11,477). Effective April
50 1, 2010, such amount shall be increased to eleven thousand nine hundred
51 thirty-six dollars ($11,936). Effective March 31, 2011, such amount
52 shall be rolled into base salary.
53 (b) Such payment shall be annualized and paid during the regular
54 bi-weekly periods. Such compensation shall be in addition to and shall
55 not be part of the member's basic annual salary and shall not affect or
56 impair any increments or other rights or benefits to which the member
A. 8255 5
1 may be entitled; provided, however, that any payment made pursuant to
2 this section shall be included as compensation for retirement purposes,
3 and, where appropriate, overtime.
4 § 7. Command pay. (a) Pursuant to the terms of an agreement negotiated
5 between the executive branch of the state of New York and the employee
6 organization representing the collective negotiating unit consisting of
7 investigators, senior investigators, and investigative specialists in
8 the division of state police, effective April 1, 2007, in recognition
9 that senior investigators in the division of state police assume high-
10 er-level responsibilities, such members shall receive command pay in the
11 amount of two thousand six hundred ninety-nine dollars ($2,699). Effec-
12 tive April 1, 2008, such amount shall be increased to two thousand seven
13 hundred eighty dollars ($2,780). Effective April 1, 2009, such amount
14 shall be increased to two thousand eight hundred sixty-three dollars
15 ($2,863). Effective April 1, 2010, such amount shall be increased to
16 two thousand nine hundred seventy-eight dollars ($2,978). Effective
17 March 31, 2011, such amount shall be rolled into base salary.
18 (b) Such payment shall be annualized and paid during the regular
19 bi-weekly periods. Such compensation shall be in addition to and shall
20 not be part of the member's basic annual salary and shall not affect or
21 impair any rights or benefits to which the member may be entitled;
22 provided, however, that command pay shall be included as compensation
23 for the computation of overtime pay and retirement.
24 § 8. Health benefits committee. Pursuant to the terms of an agreement
25 negotiated between the executive branch of the state of New York and the
26 employee organization representing the collective negotiating unit
27 consisting of investigators, senior investigators, and investigative
28 specialists in the division of state police, during the period April 1,
29 2007 through March 31, 2011, there shall continue to be a committee on
30 health benefits funded in the amount of five thousand dollars ($5,000)
31 annually. One-half of this amount in each year shall be made available
32 to the state and one-half shall be made available to the employee organ-
33 ization representing such unit.
34 § 9. Maintenance allowance. (a) Pursuant to the terms of an agreement
35 negotiated between the executive branch of the state of New York and the
36 employee organization representing the collective negotiating unit
37 consisting of investigators, senior investigators, and investigative
38 specialists in the division of state police, effective April 1, 2007,
39 each member of such unit shall receive two thousand eight hundred
40 sixty-five dollars ($2,865) as a maintenance allowance. Effective April
41 1, 2008, such amount shall be increased to two thousand nine hundred
42 fifty-one dollars ($2,951). Effective April 1, 2009, such amount shall
43 be increased to three thousand forty dollars ($3,040). Effective April
44 1, 2010, such amount shall be increased to three thousand one hundred
45 sixty-two dollars ($3,162).
46 (b) Such maintenance allowance shall be paid on an annualized basis in
47 regular bi-weekly paychecks. Such additional compensation, as provided
48 in this section, shall be in addition to, and shall not be part of, the
49 member's basic annual salary, and shall not affect or impair any rights
50 or benefits to which the member may be entitled; provided, however, that
51 such additional compensation shall be included as compensation for
52 purposes of computation of overtime pay and retirement.
53 § 10. Expertise pay. (a) Notwithstanding any other provision of law to
54 the contrary, pursuant to the terms of an agreement negotiated between
55 the executive branch of the state of New York and the employee organiza-
56 tion representing the collective negotiating unit consisting of investi-
A. 8255 6
1 gators, senior investigators, and investigative specialists in the divi-
2 sion of state police, effective April 1, 2010, members in such
3 collective negotiating unit shall receive expertise pay in the amount of
4 twelve hundred dollars ($1,200) annually.
5 (b) Such expertise pay shall be payable to those unit members on the
6 payroll on November 1 of each year during the pay period that includes
7 December 1. Such additional compensation as provided in this section
8 shall be in addition to, and shall not be part of, the member's basic
9 annual salary, and shall not affect or impair any rights or benefits to
10 which the member may be entitled; provided, however, that such addi-
11 tional compensation shall be included as compensation for purposes of
12 computation of overtime pay and as compensation for retirement.
13 § 11. Professional development and training funds. Pursuant to the
14 terms of an agreement negotiated between the executive branch of the
15 state of New York and the employee organization representing the collec-
16 tive negotiating unit consisting of investigators, senior investigators,
17 and investigative specialists in the division of state police, during
18 the period April 1, 2007 through March 31, 2011, there shall continue to
19 be a professional development and quality of working life committee
20 funded in the amount of $81,900 annually, from which the tuition
21 reimbursement program, the master's program, and the employee assistance
22 program shall be supported.
23 § 12. Expanded duty pay. (a) Pursuant to the terms of an agreement
24 negotiated between the executive branch of the state of New York and the
25 employee organization representing the collective negotiating unit
26 consisting of investigators, senior investigators, and investigative
27 specialists in the division of state police, effective April 1, 2007,
28 each member of such unit shall receive expanded duty pay of three thou-
29 sand eight hundred fifty-two dollars ($3,852). Effective April 1, 2008
30 this amount shall be increased to five thousand fifty-two dollars
31 ($5,052). Effective April 1, 2009, this amount shall be increased to six
32 thousand two hundred fifty-two dollars ($6,252). Effective April 1,
33 2010, this amount shall be increased to seven thousand four hundred
34 fifty-two dollars ($7,452). Such expanded duty pay is in recognition of
35 such members expanded duties, including those related to counterterror-
36 ism and other post-September 11, 2001 initiatives, computer crimes, and
37 law enforcement activities involving gambling regulation.
38 (b) Such expanded duty pay shall be annualized and paid during regular
39 bi-weekly periods. Such additional compensation as provided in this
40 section shall be in addition to, and shall not be part of, the member's
41 basic annual salary, and shall not affect or impair any rights or bene-
42 fits to which the member may be entitled; provided, however, that such
43 additional compensation shall be included as compensation for purposes
44 of computation of overtime pay and as compensation for retirement.
45 § 13. Supervisory responsibility pay. (a) Pursuant to the terms of an
46 agreement negotiated between the executive branch of the state of New
47 York and the employee organization representing the collective negotiat-
48 ing unit consisting of investigators, senior investigators, and investi-
49 gative specialists in the division of state police, effective March 31,
50 2005, certain members shall continue to receive additional compensation,
51 as prescribed in the interest arbitration award dated February 4, 2005,
52 when designated by the division of state police to work as a "unit coor-
53 dinator", "acting senior investigator", or "acting administrative senior
54 investigator".
55 (b) Such additional compensation as provided in this section shall be
56 in addition to, and shall not be part of, the member's basic annual
A. 8255 7
1 salary, and shall not affect or impair any rights or benefits to which
2 the member may be entitled; provided, however, that such additional
3 compensation shall be included as compensation for the purposes of
4 computation of overtime pay and retirement.
5 § 14. Location compensation. (a) Notwithstanding any other provision
6 of law to the contrary, members in the collective negotiating unit
7 consisting of investigators, senior investigators, and investigative
8 specialists in the division of state police whose principal place of
9 employment or, in the case of a field employee, whose official station,
10 as determined in accordance with the regulations of the state comp-
11 troller, is located in the county of Monroe, who were on the payroll on
12 March 31, 1985, and who have received this location compensation contin-
13 ually since then, shall receive location pay at the rate of $200 per
14 year; provided that each such member continues to be otherwise eligible.
15 (b) Pursuant to the terms of an agreement negotiated between the exec-
16 utive branch of the state of New York and the employee organization
17 representing the collective negotiating unit consisting of investi-
18 gators, senior investigators, and investigative specialists in the divi-
19 sion of state police, members of such unit whose principal place of
20 employment or, in the case of a field employee, whose official station,
21 as determined in accordance with the regulations of the state comp-
22 troller, is located in the city of New York or in the counties of Rock-
23 land, Westchester, Nassau, or Suffolk shall receive location pay as
24 follows:
25 Effective Date Amount
26 April 1, 2007 $1,392
27 April 1, 2008 $1,434
28 April 1, 2009 $1,477
29 April 1, 2010 $1,536
30 (c) Such location pay as provided in this section shall be annualized
31 and paid during the regular bi-weekly periods. Such compensation shall
32 be in addition to and shall not be part of the member's basic annual
33 salary and shall not affect or impair any rights or benefits to which
34 the member may be entitled; provided, however, that location pay shall
35 be included as compensation for the purposes of computation of overtime
36 pay and retirement.
37 § 15. Supplemental location pay. (a) Pursuant to the terms of an
38 agreement negotiated between the executive branch of the state of New
39 York and the employee organization representing the collective negotiat-
40 ing unit consisting of investigators, senior investigators, and investi-
41 gative specialists in the division of state police, members of such unit
42 whose principal place of employment, or, in the case of a field employ-
43 ee, whose official station, as determined in accordance with the regu-
44 lations of the state comptroller, is located in the city of New York or
45 in the county of Putnam, Orange, Dutchess, Rockland, Westchester,
46 Nassau, or Suffolk shall receive supplemental location pay, in addition
47 to the location pay provided in section fourteen of this act, according
48 to the following schedule:
49 Effective April 1, 2007
50 Orange, Putnam or Dutchess County $1,160
51 Rockland or Westchester County or city of
52 New York $1,739
53 Nassau or Suffolk County $2,029
54 Effective April 1, 2008
55 Orange, Putnam or Dutchess County $1,195
A. 8255 8
1 Rockland or Westchester County or city of
2 New York $1,791
3 Nassau or Suffolk County $2,090
4 Effective April 1, 2009
5 Orange, Putnam or Dutchess County $1,230
6 Rockland or Westchester County or city of
7 New York $1,845
8 Nassau or Suffolk County $2,153
9 Effective April 1, 2010
10 Orange, Putnam or Dutchess County $1,280
11 Rockland or Westchester County or city of
12 New York $1,918
13 Nassau or Suffolk County $2,239
14 (b) Such supplemental location pay shall be annualized and paid during
15 the regular bi-weekly periods. Such compensation shall be in addition to
16 and shall not be part of the member's basic annual salary and shall not
17 affect or impair any rights or benefits to which the member may be enti-
18 tled; provided, however, that supplemental location pay shall be
19 included as compensation for the purposes of computation of overtime pay
20 and retirement.
21 § 16. Unused sick leave at retirement. Pursuant to the terms of an
22 agreement negotiated between the executive branch of the state of New
23 York and the employee organization representing the collective negotiat-
24 ing unit consisting of investigators, senior investigators, and investi-
25 gative specialists in the division of state police, members of such unit
26 shall continue to receive a lump sum cash payment for accumulated and
27 unused sick leave credits standing to the employee's credit at the time
28 of separation from service by retirement. The amount of such payment
29 shall be determined in the following manner:
30 (a) Effective April 1, 1998, the number of days of such accumulated
31 and unused sick leave, not to exceed 300 days, less 165 days, shall be
32 multiplied by the member's daily rate of pay in effect at the time of
33 separation from service by retirement.
34 (b) The lump sum payment shall be one-fifth of such amount provided
35 for in subdivision (a) of this section.
36 (c) Such additional compensation shall be in addition to and shall not
37 be part of the member's basic annual salary, and shall not affect or
38 impair any rights or benefits to which the member may be entitled;
39 provided, however, that such additional compensation shall be included
40 as compensation for retirement purposes.
41 § 17. Physical fitness program. (a) Pursuant to the terms of an agree-
42 ment negotiated between the executive branch of the state of New York
43 and the employee organization representing the collective negotiating
44 unit consisting of investigators, senior investigators, and investi-
45 gative specialists in the division of state police, effective April 1,
46 1999, a joint labor management committee shall be continued for the
47 purpose of evaluating the assessment, study, and testing for the fitness
48 of members of the employee organization. The division of state police
49 shall administer such program through the provision of an annual appro-
50 priation. Members in the employee organization shall receive an annual
51 fitness bonus if they satisfy the fitness requirements developed by the
52 division of state police during a fiscal year. The amount of such
53 fitness bonus shall be determined by the committee within the amount
A. 8255 9
1 appropriated therefor. Such awards shall be paid on or about December
2 first of each fiscal year.
3 (b) Any amounts received pursuant to this section shall be in addition
4 to, and shall not be a part of, the member's basic annual salary, and
5 shall not affect or impair, any increments or other rights or benefits
6 to which the member may be entitled; provided, however, that any amounts
7 received shall be included as compensation for retirement purposes.
8 (c) The division of state police and the employee organization repres-
9 enting such unit may agree to expend the funds appropriated on an annual
10 basis for the physical fitness program for a mutually agreeable alter-
11 nate purpose.
12 § 18. Recognized degree pay. (a) Pursuant to the terms of an agreement
13 negotiated between the executive branch of the state of New York and the
14 employee organization representing the collective negotiating unit
15 consisting of investigators, senior investigators, and investigative
16 specialists in the division of state police, members of such unit who
17 possess or obtain a recognized degree from an accredited and recognized
18 college or university on or after April 1, 2001, shall continue to
19 receive a lump sum payment of $250 for an associate degree, $500 for a
20 bachelor's degree, and $750 for a graduate degree. Payment for such
21 degree shall occur annually in June of each year, and shall be for one
22 degree only. When such degree is obtained in a fiscal year, such payment
23 shall be made as soon as practicable after conferral of the degree.
24 (b) Such additional compensation as provided in this section shall be
25 in addition to, and shall not be part of, the member's basic annual
26 salary, and shall not affect or impair any rights or benefits to which
27 the member may be entitled; provided, however, that such additional
28 compensation shall be included as compensation for retirement purposes.
29 § 19. Payment and publication of grievance arbitration settlements and
30 awards. Notwithstanding any provision of law to the contrary, the
31 appropriations contained in this act shall be available to the state for
32 the payment and publication of grievance arbitration settlements and
33 awards pursuant to article 15 of the collective negotiating agreement
34 between the state and the employee organization representing the collec-
35 tive negotiating unit consisting of investigators, senior investigators,
36 and investigative specialists in the division of state police, such
37 provisions being in effect pursuant to paragraph (e) of subdivision 1 of
38 section 209-a of the civil service law.
39 § 20. Date of entitlement to salary increase. Notwithstanding the
40 provisions of this act or of any other provision of law to the contrary,
41 the increase of salary or compensation of any member of the collective
42 negotiating unit consisting of investigators, senior investigators, and
43 investigative specialists in the division of state police provided by
44 this act shall be added to the salary of such member at the beginning of
45 that payroll period the first day of which is nearest to the effective
46 date of such increase as provided in this act, or at the beginning of
47 the earlier of two payroll periods the first days of which are nearest
48 but equally near to the effective date of such increase as provided in
49 this act; provided, however, that, for the purposes of determining the
50 salary of such officer or employee upon reclassification, reallocation,
51 appointment, promotion, transfer, demotion, reinstatement, or other
52 change of status, such salary increase shall be deemed to be effective
53 on the date thereof as prescribed by this act, with payment thereof
54 pursuant to this section on a date prior thereto, instead of on such
55 effective date, and shall not operate to confer any additional salary
A. 8255 10
1 rights or benefits on such officer or employee. Payment of such salary
2 increase may be deferred pursuant to section twenty-one of this act.
3 § 21. Deferred payment of salary increase. Notwithstanding the
4 provisions of any other section of this act or of any provision of law
5 to the contrary, pending payment pursuant to this act of the basic annu-
6 al salaries of incumbents of positions subject to this act, such incum-
7 bents shall receive, as partial compensation for services rendered, the
8 rate of compensation otherwise payable in their respective positions. An
9 incumbent holding a position subject to this act at any time during the
10 period from April 1, 2007 until the time when basic annual salaries are
11 first paid pursuant to this act for such services in excess of the
12 compensation actually received therefor, shall be entitled to a lump sum
13 payment for the difference between the salary to which such incumbent is
14 entitled for such service and the compensation actually received there-
15 for. Such lump sum payment shall be made as soon as practicable. The
16 amounts paid under this act shall count as compensation earned during
17 the year or years for which it is calculated and not as compensation
18 earned wholly in the year in which the lump sum is paid.
19 § 22. Use of appropriations. Notwithstanding any provision of the
20 state finance law or any other provision of law to the contrary, the
21 state comptroller is authorized to pay any amounts required by the fore-
22 going provisions of this act. To the extent that existing appropriations
23 available to any state department or agency in any fund are insufficient
24 to accomplish the purposes set forth in this section, the director of
25 the budget is authorized to allocate to the various departments and
26 agencies, from any appropriations available in any fund, the amounts
27 necessary to make such payments. Any appropriations or other funds
28 available to any state department or agency for personal service or for
29 other related employee benefits during the fiscal year commencing April
30 1, 2009 shall be available for the payment of any liabilities or obli-
31 gations incurred pursuant to the foregoing provisions of this act,
32 whether occurred prior to or during the state fiscal year commencing
33 April 1, 2009 or during the state fiscal year commencing April 1, 2010.
34 § 23. Appropriations. Notwithstanding any provision of the state
35 finance law or any other provision of law to the contrary, the several
36 amounts as hereinafter set forth in this section are hereby appropriated
37 from the funds so designated for use by any state department or agency
38 for the fiscal year beginning April 1, 2009 to supplement appropriations
39 from each respective fund available for personal service, other than
40 personal service and fringe benefits, and to carry out the provisions of
41 this act. The monies hereby appropriated are available for payment of
42 any liabilities or obligations incurred prior to or during the state
43 fiscal year commencing April 1, 2009 in addition to liabilities or obli-
44 gations associated with the state fiscal year commencing April 1, 2010.
45 For this purpose, these appropriations shall remain in full force and
46 effect for the payment of liabilities incurred on or before April 1,
47 2010. No money shall be available for expenditure from this appropri-
48 ation until a certification of approval has been issued by the director
49 of the budget and a copy of such certificate or any amendment thereto
50 has been filed with the state comptroller, the chairperson of the senate
51 finance committee, and the chairperson of the assembly ways and means
52 committee.
53 ALL STATE DEPARTMENTS AND AGENCIES
54 Special Pay Bills
A. 8255 11
1 General Fund - State Purposes Account
2 PERSONAL SERVICE
3 Personal Service - Regular.....................$24,396,000
4 Overtime........................................$1,934,000
5 Other compensation, including but not limit-
6 ed to premium in lieu of overtime, command
7 pay, maintenance allowance, expanded duty
8 pay, supervisory responsibility pay,
9 location compensation and supplemental
10 location compensation.........................$9,637,000
11 NONPERSONAL SERVICE
12 Fringe benefits.................................$2,926,000
13 Health Benefits Committee..........................$15,000
14 Professional Development Fund.....................$246,000
15 Employee Benefit Fund.............................$194,000
16 Triborough Bridge Tolls (CSEA/PEF)................$800,000
17 Contract administration............................$50,000
18 Special Revenue Funds - Other
19 Miscellaneous Special Revenue Fund - 339
20 Indian Gaming Account
21 PERSONAL SERVICE
22 Personal Service - Regular......................$1,501,000
23 Overtime...........................................$26,000
24 Other compensation, including but not limited to premium
25 in lieu of overtime, command pay, maintenance allowance,
26 expanded duty pay, supervisory responsibility pay,
27 location compensation and supplemental location compen-
28 sation..........................................$555,000
29 NONPERSONAL SERVICE
30 Fringe Benefits.................................$1,029,000
31 Special Revenue Funds - Other
32 Miscellaneous Special Revenue Fund - 339
33 New York State Thruway Authority Account
34 PERSONAL SERVICE
35 Personal Service - Regular........................$139,000
36 Overtime............................................$2,000
37 Other compensation, including but not limit-
38 ed to premium in lieu of overtime, command
39 pay, maintenance allowance, expanded duty
40 pay, supervisory responsibility pay,
41 location compensation and supplemental
42 location compensation............................$60,000
A. 8255 12
1 NONPERSONAL SERVICE
2 Fringe Benefits...................................$100,000
3 § 24. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after April 1, 2007.
REPEAL NOTE.-- Paragraph b of subdivision 2 of section 216 of the
executive law, repealed by section one of this act, provided salary
schedules for state employees in particular titles in the collective
negotiating unit consisting of commissioned and non-commissioned offi-
cers in the division of state police which are now contained in section
215 of the executive law.
Paragraph a of subdivision 2 of section 216 of the executive law,
repealed by section two of this act, provided salary schedules for state
employees in particular titles in the collective negotiating unit
consisting of investigators and senior investigators in the division of
state police and is replaced by revised salary schedules in a new para-
graph a of such subdivision 2 implementing an agreement pursuant to
Article 14 of the civil service law.
Paragraph b of subdivision 2 of section 207-b of the state finance
law, repealed by section three of this act, provided for payments to an
employee benefit fund for state employees in the particular titles in
the collective negotiating unit consisting of investigators and senior
investigators in the division of state police and is replaced by revised
schedule of payments to be made to such fund in a new paragraph b of
such subdivision 2 implementing an agreement pursuant to Article 14 of
the civil service law.
Subdivision 2 of section 216-c of the executive law, repealed by
section four of this act, provided for holiday compensation payments
based on four days pay to eligible members of the collective negotiating
unit consisting of investigators, senior investigators and investigative
specialists in the division of state police and is replaced by a revised
payment amount in a new subdivision 2 of such section implementing an
agreement pursuant to Article 14 of the civil service law.
Paragraphs (b), (c) and (d) of subdivision 5 of section 216-b of the
executive law, repealed by section five of this act, provided for
certain longevity payments to eligible members of the collective negoti-
ating unit consisting of investigators, senior investigators and inves-
tigative specialists in the division of state police and is replaced by
a revised longevity schedule in new paragraphs (b) and (c) of such
subdivision 5 implementing an agreement pursuant to Article 14 of the
civil service law.
