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S05969 Summary:

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S05969 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5969
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      June 14, 2015
                                       ___________
 
        Introduced  by Sen. GOLDEN -- (at request of the Governor) -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Finance
 
        AN ACT to amend the executive law, in relation to the terms  and  condi-
          tions  of  employment  for  members of the collective negotiating unit
          consisting of troopers in the division  of  state  police  and  salary
          schedules for members of such unit; to amend the state finance law, in
          relation to the employee benefit fund for members of such unit; making
          an  appropriation  therefor;  and  repealing certain provisions of the
          executive 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, 3 and 4 of paragraph a of subdivision 2
     2  of  section  215 of the executive law are REPEALED and four new subpara-
     3  graphs 1, 2, 3 and 4 are added to read as follows:
     4    (1) Effective April first,  two  thousand  fourteen,  members  of  the
     5  collective  negotiating  unit  consisting of troopers in the division of
     6  state police shall receive a basic annual salary pursuant to the follow-
     7  ing schedule:
     8                Orange,         City of New     Nassau and       All Other
     9                Putnam and      York, Rockland  Suffolk          Locations
    10                Dutchess        and Westchester Counties
    11                Counties        Counties
    12  Trainee 1       N/A             N/A             N/A            $51,381
    13  Trainee 2     $68,447         $69,533         $69,817          $68,243
    14  Step 1        $72,887         $73,974         $74,260          $72,686
    15  Step 2        $77,326         $78,413         $78,699          $77,124
    16  Step 3        $79,984         $81,071         $81,356          $79,781
    17  Step 4        $83,136         $84,221         $84,507          $82,931
    18  Step 5        $86,637         $87,723         $88,008          $86,434
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12030-03-5
        S. 5969                             2
 
     1    (2) Effective April  first,  two  thousand  fifteen,  members  of  the
     2  collective  negotiating  unit  consisting of troopers in the division of
     3  state police shall receive a basic annual salary pursuant to the follow-
     4  ing schedule:
     5                Orange,         City of New     Nassau and       All Other
     6                Putnam and      York, Rockland  Suffolk          Locations
     7                Dutchess        and Westchester Counties
     8                Counties        Counties
     9  Trainee 1       N/A             N/A             N/A            $52,409
    10  Trainee 2     $69,816         $70,924         $71,213          $69,608
    11  Step 1        $74,345         $75,453         $75,745          $74,140
    12  Step 2        $78,873         $79,981         $80,273          $78,666
    13  Step 3        $81,584         $82,692         $82,983          $81,377
    14  Step 4        $84,799         $85,905         $86,197          $84,590
    15  Step 5        $88,370         $89,477         $89,768          $88,163
    16    (3)  Effective  April  first,  two  thousand  sixteen,  members of the
    17  collective negotiating unit consisting of troopers in  the  division  of
    18  state police shall receive a basic annual salary pursuant to the follow-
    19  ing schedule:
    20                Orange,         City of New     Nassau and       All Other
    21                Putnam and      York, Rockland  Suffolk          Locations
    22                Dutchess        and Westchester Counties
    23                Counties        Counties
    24  Trainee 1       N/A             N/A             N/A            $53,195
    25  Trainee 2     $70,863         $71,988         $72,281          $70,652
    26  Step 1        $75,460         $76,585         $76,881          $75,252
    27  Step 2        $80,056         $81,181         $81,477          $79,846
    28  Step 3        $82,808         $83,932         $84,228          $82,598
    29  Step 4        $86,071         $87,194         $87,490          $85,859
    30  Step 5        $89,696         $90,819         $91,115          $89,485
    31    (4)  Effective  April  first,  two  thousand seventeen, members of the
    32  collective negotiating unit consisting of troopers in  the  division  of
    33  state police shall receive a basic annual salary pursuant to the follow-
    34  ing schedule:
    35                Orange,         City of New     Nassau and       All Other
    36                Putnam and      York, Rockland  Suffolk          Locations
    37                Dutchess        and Westchester Counties
    38                Counties        Counties
    39  Trainee 1       N/A             N/A             N/A            $53,993
    40  Trainee 2     $71,926         $73,068         $73,365          $71,712
    41  Step 1        $76,592         $77,734         $78,034          $76,381
    42  Step 2        $81,257         $82,399         $82,699          $81,044
    43  Step 3        $84,050         $85,191         $85,491          $83,837
    44  Step 4        $87,362         $88,502         $88,802          $87,147
    45  Step 5        $91,041         $92,181         $92,482          $90,827
    46    §  2.  Subdivision  2  of  section  207-b  of the state finance law is
    47  amended by adding a new paragraph a-1 to read as follows:
    48    a-1. Where, and to the extent that, the agreement  between  the  state
    49  and  an  employee organization entered into pursuant to article fourteen
    50  of the civil service law so provides  on  behalf  of  employees  in  the
    51  collective  negotiating  unit  consisting of troopers in the division of
    52  state police, established pursuant to  article  fourteen  of  the  civil
    53  service  law,  and  upon audit and warrant of the state comptroller, the
    54  director shall provide for the payment of monies to such employee organ-
    55  ization for the establishment and maintenance  of  an  employee  benefit
    56  fund  established  by the employee organization for the employees in the
        S. 5969                             3
 
     1  negotiating unit covered by the controlling provisions of such agreement
     2  providing for such employee benefit fund. Such amounts are to be  deter-
     3  mined  consistent  with  said  agreement,  including  any and all monies
     4  agreed  to  be  transferred  in  said agreement, and on the basis of the
     5  number of full-time annual  salaried  employees,  other  than  full-time
     6  seasonal  employees,  on the payroll on March first, two thousand eleven
     7  for payments to be made on April first, two thousand eleven, the  number
     8  of  full-time  annual  salaried employees, other than full-time seasonal
     9  employees, on the payroll  on  March  first,  two  thousand  twelve  for
    10  payments  to  be made on April first, two thousand twelve, the number of
    11  full-time annual  salaried  employees,  other  than  full-time  seasonal
    12  employees,  on  the  payroll  on  March first, two thousand thirteen for
    13  payments to be made on April first, two thousand thirteen, the number of
    14  full-time annual  salaried  employees,  other  than  full-time  seasonal
    15  employees,  on  the  payroll  on  March first, two thousand fourteen for
    16  payments to be made on April first, two thousand fourteen, the number of
    17  full-time annual  salaried  employees,  other  than  full-time  seasonal
    18  employees,  on  the  payroll  on  March  first, two thousand fifteen for
    19  payments to be made on April first, two thousand fifteen, the number  of
    20  full-time  annual  salaried  employees,  other  than  full-time seasonal
    21  employees, on the payroll on  March  first,  two  thousand  sixteen  for
    22  payments  to be made on April first, two thousand sixteen and the number
    23  of full-time annual salaried employees, other  than  full-time  seasonal
    24  employees,  on  the  payroll  on March first, two thousand seventeen for
    25  payments to be made on April first, two thousand seventeen. The amounts,
    26  which will be determined pursuant to this section, for employees who are
    27  paid from special or administrative funds, other than the  general  fund
    28  or  the capital projects fund of the state, will be paid from the appro-
    29  priations as provided by law, in which case the state  comptroller  will
    30  establish  procedures  to ensure repayment from said special or adminis-
    31  trative funds. The director shall  enter  into  an  agreement  with  the
    32  employee  organization that sets forth the specific terms and conditions
    33  for the transmittal of monies pursuant to this  section.  Payments  made
    34  pursuant  to this paragraph and paragraph a of this subdivision shall be
    35  made to the same fund as set forth in the agreement between the director
    36  and the employee organization that represents the employees  covered  by
    37  the provisions of this paragraph and paragraph a of this subdivision.
    38    §  3.  Section 201 of the state finance law is amended by adding a new
    39  subdivision 17 to read as follows:
    40    17. Notwithstanding any other provision of law to the contrary, where,
    41  and to the extent that an agreement entered  into  pursuant  to  article
    42  fourteen  of  the  civil  service law between the state and the employee
    43  organization representing the collective negotiating unit consisting  of
    44  troopers  in the division of state police and the collective negotiating
    45  unit consisting of commissioned and  non-commissioned  officers  in  the
    46  division  of state police so provides, the comptroller, after receipt of
    47  written directions from the director of employee relations,  is  author-
    48  ized  to  deduct,  for  the purposes of making restitution for damage or
    49  loss of equipment, from the salary of any employee covered  by  such  an
    50  agreement  such amount as determined by the employer to cover the resti-
    51  tution for such damaged or lost equipment.
    52    § 4. Location compensation. (a) Notwithstanding any other provision of
    53  law to the contrary, pursuant to the terms of the  agreement  negotiated
    54  between the state and the employee organization representing the collec-
    55  tive  negotiating  unit  consisting of troopers in the division of state
    56  police, members in this  collective  negotiating  unit  whose  principal
        S. 5969                             4
 
     1  place of employment, or, in the case of a field employee, whose official
     2  station  as  determined  in accordance with the regulations of the state
     3  comptroller, is located in the county of Monroe  and  who  were  on  the
     4  payroll  on  March 31, 1985, and who have received this location compen-
     5  sation continually since then, shall continue to receive location pay at
     6  the rate of two hundred dollars ($200) per  year,  provided  the  member
     7  continues  to be otherwise eligible. Such location pay shall continue to
     8  be annualized and  paid  during  the  regular  bi-weekly  periods.  Such
     9  location  pay  shall  be  in  addition to, and shall not be a part of, a
    10  member's annual basic salary, and shall not affect or impair any  incre-
    11  ments  or  other rights or benefits to which the member may be entitled;
    12  provided, however, that location pay shall be included  as  compensation
    13  for purposes of computation of overtime pay and for retirement purposes.
    14    (b) Notwithstanding any other provision of law to the contrary, pursu-
    15  ant  to  the terms of the agreement negotiated between the state and the
    16  employee  organization  representing  the  collective  negotiating  unit
    17  consisting  of troopers in the division of state police, members in this
    18  collective negotiating unit whose principal place of employment, or,  in
    19  the  case  of  a field employee, whose official station as determined in
    20  accordance with the regulations of the state comptroller, is located  in
    21  the  city of New York, or in the county of Rockland, Westchester, Nassau
    22  or Suffolk shall continue to receive location pay at  the  rate  of  one
    23  thousand  five  hundred  thirty-six  dollars ($1,536) per year effective
    24  April 1, 2010.
    25    (c) Such location pay shall continue to be annualized and paid  during
    26  regular  bi-weekly  periods.  Such location pay shall be in addition to,
    27  and shall not be a part of, a member's annual basic  salary,  and  shall
    28  not affect or impair any increments or other rights or benefits to which
    29  the  member  may  be  entitled; provided, however, that the location pay
    30  shall be included as compensation for purposes of computation  of  over-
    31  time pay and for retirement purposes.
    32    § 5. Supplemental location compensation. (a) Notwithstanding any other
    33  provision of law to the contrary, pursuant to the terms of the agreement
    34  negotiated  between the state and the employee organization representing
    35  the collective negotiating unit consisting of troopers in  the  division
    36  of state police, members in this collective negotiating unit whose prin-
    37  cipal  place  of  employment, or, in the case of a field employee, whose
    38  official station as determined in accordance with the regulations of the
    39  state comptroller, is located in the city of New York, or in the  county
    40  of  Putnam,  Orange,  Dutchess, Rockland, Westchester, Nassau or Suffolk
    41  shall continue to receive supplemental location pay as follows effective
    42  April 1, 2010:
    43  Orange, Putnam or Dutchess County                       $1,280
    44  Rockland or Westchester County or city of New York      $1,918
    45  Nassau or Suffolk County                                $2,239
    46    (b) Such supplemental location pay shall continue to be annualized and
    47  paid  during  regular  bi-weekly  periods.  Such  supplemental  location
    48  compensation  shall  be  in  addition  to, and shall not be a part of, a
    49  member's annual basic salary, and shall not affect or impair any  incre-
    50  ments  or  other  rights  or benefits to which a member may be entitled;
    51  provided, however, that such compensation shall be included  as  compen-
    52  sation  for  purposes  of computation of overtime pay and for retirement
    53  purposes.
    54    § 6. Expanded duty pay. (a) Notwithstanding any other provision of law
    55  to the contrary, pursuant to  the  terms  of  the  agreement  negotiated
    56  between the state and the employee organization representing the collec-
        S. 5969                             5
 
     1  tive  negotiating  unit  consisting of troopers in the division of state
     2  police, during the period April 1, 2010  through  March  31,  2014,  the
     3  annual  payment  for  expanded  duty  pay for members of this unit shall
     4  continue  in the amount of seven thousand four hundred fifty-two dollars
     5  ($7,452). Effective April 1, 2014, the annual payment for expanded  duty
     6  pay  shall  be  eight thousand seven hundred two dollars ($8,702). There
     7  shall be no retroactive payment of the increases to  expanded  duty  pay
     8  for  the period April 1, 2011 to March 31, 2014 under any circumstances.
     9  Pursuant to the agreement, the  entire  increase  of  one  thousand  two
    10  hundred  fifty  dollars  ($1,250)  covering  the period April 1, 2011 to
    11  March 31, 2014 is only payable on a prospective basis  commencing  April
    12  1, 2014.
    13    (b)  Pursuant  to  the  terms  of the agreement negotiated between the
    14  state and the employee organization representing the collective  negoti-
    15  ating  unit  consisting  of  troopers  in  the division of state police,
    16  expanded duty pay shall continue to be annualized and paid during  regu-
    17  lar  bi-weekly periods.   Such additional compensation shall be in addi-
    18  tion to, and shall not be part of, the member's annual basic salary, and
    19  shall not affect or impair any rights or benefits to  which  the  member
    20  may  be  entitled;  provided, however, that such additional compensation
    21  shall be included as compensation for purposes of computation  of  over-
    22  time pay and as compensation for retirement.
    23    §  7.  Hazardous  duty pay. (a) Notwithstanding any other provision of
    24  law to the contrary, pursuant to the terms of the  agreement  negotiated
    25  between the state and the employee organization representing the collec-
    26  tive  negotiating  unit  consisting of troopers in the division of state
    27  police, during the period April 1, 2010  through  March  31,  2014,  the
    28  annual  payment  for  hazardous  duty pay for members of this unit shall
    29  continue in the amount of one thousand  two  hundred  dollars  ($1,200).
    30  Effective April 1, 2014, the annual payment for hazardous duty pay shall
    31  be  two  thousand four hundred fifty dollars ($2,450). There shall be no
    32  retroactive payment of the increases to hazardous duty pay for the peri-
    33  od April 1, 2011 to March 31, 2014 under any circumstances. Pursuant  to
    34  the  agreement,  the  entire  increase of one thousand two hundred fifty
    35  dollars ($1,250) covering the period April 1, 2011 to March 31, 2014  is
    36  only payable on a prospective basis commencing with the scheduled Decem-
    37  ber 2014 payment.
    38    (b) Notwithstanding any other provision of law to the contrary, pursu-
    39  ant  to  the terms of the agreement negotiated between the state and the
    40  employee  organization  representing  the  collective  negotiating  unit
    41  consisting  of  troopers in the division of state police, hazardous duty
    42  pay shall be payable to members of this unit in December of each respec-
    43  tive state fiscal year to which the payment is attributed, or as soon as
    44  practicable thereafter. Such payment shall continue to be made as a lump
    45  sum payment to members of this unit on the payroll on November first  of
    46  each  year  during  the  pay period that includes December first of each
    47  year. Such payment shall be in addition to, and shall not  be  part  of,
    48  the  member's  annual  basic  salary, and shall not affect or impair any
    49  rights or benefits to which the member may be entitled; provided, howev-
    50  er, that such payment shall be included as compensation for purposes  of
    51  computation of overtime pay and as compensation for retirement.
    52    § 8. Health benefits committees. Pursuant to the terms of an agreement
    53  negotiated  between the state and the employee organization representing
    54  the collective negotiating unit consisting of troopers in  the  division
    55  of state police, during the period April 1, 2011 through March 31, 2018,
    56  there  shall continue to be a committee on health benefits funded in the
        S. 5969                             6
 
     1  following amounts: $12,750 for the period April 1,  2014  through  March
     2  31,  2015;  $13,005 for the period April 1, 2015 through March 31, 2016;
     3  $13,200 for the period April 1, 2016 through March 31, 2017; and $13,398
     4  for  the  period  April 1, 2017 through March 31, 2018. One-half of this
     5  amount in each year shall be made available to the state and one-half of
     6  this amount shall be made available to the employee organization repres-
     7  enting such unit.
     8    § 9. Professional development and  training  funds.  Pursuant  to  the
     9  terms  of  an  agreement  negotiated  between the state and the employee
    10  organization representing the collective negotiating unit consisting  of
    11  troopers  in  the  division  of state police, during the period April 1,
    12  2011 through March 31, 2018, there shall continue to be  a  professional
    13  development and quality of working life committee from which the tuition
    14  reimbursement  program, the master's program and the employee assistance
    15  program shall be supported.  Such  committee  shall  be  funded  in  the
    16  following  amounts:  $94,248  for the period April 1, 2014 through March
    17  31, 2015; $96,133 for the period April 1, 2015 through March  31,  2016;
    18  $97,575 for the period April 1, 2016 through March 31, 2017; and $99,039
    19  for the period April 1, 2017 through March 31, 2018.
    20    §  10.  Recognized degree pay. Notwithstanding any provision of law to
    21  the contrary, pursuant to the terms of the agreement negotiated  between
    22  the  state  and  the  employee  organization representing the collective
    23  negotiating unit consisting of troopers in the division of state police,
    24  or the terms of the interest arbitration award made pursuant to subdivi-
    25  sion 4 of section 209 of the civil service  law  binding  the  executive
    26  branch of the state of New York and the employee organization represent-
    27  ing  such  unit,  effective  March  31,  2003, the lump sum payments for
    28  degrees, as contained in section 4 of chapter 244 of the laws  of  2002,
    29  shall continue.
    30    §  11.  Short  swings. (a) Notwithstanding any provision of law to the
    31  contrary, pursuant to the terms of the agreement negotiated between  the
    32  state  and the employee organization representing the collective negoti-
    33  ating unit consisting of troopers in the division of  state  police,  or
    34  the terms of the interest arbitration award made pursuant to subdivision
    35  4  of  section 209 of the civil service law binding the executive branch
    36  of the state of New York and the employee organization representing such
    37  unit, effective March 31, 2003, members of this unit who are required to
    38  work short swings shall  continue  to  receive  compensation  of  thirty
    39  dollars ($30) for each short swing they are required to work and actual-
    40  ly  work.  There  shall  be  no short swing compensation where the short
    41  swing is worked at the request of, or for the convenience of the member,
    42  as determined by the division of state police. The definition  of  short
    43  swing  shall be a tour of duty commencing between the hours of five a.m.
    44  and nine a.m. (B line) followed by a tour  of  duty  commencing  between
    45  nine p.m. and one a.m.  (A line) on consecutive days, or, a tour of duty
    46  commencing  between  the  hours  of  one  p.m.  and five p.m.   (C line)
    47  followed by a tour of duty commencing between the hours of five a.m. and
    48  nine a.m. (B line) on consecutive  days.  Such  additional  compensation
    49  shall  not  be  payable if such member's hours of work continue from the
    50  conclusion of the former shift to the commencement of the  latter  shift
    51  without interruption.
    52    (b) The additional compensation payable pursuant to this section shall
    53  be in addition to, and shall not be a part of, the member's annual basic
    54  salary,  and  shall not affect or impair any rights or benefits to which
    55  the member may be entitled; provided,  however,  that  any  compensation
    56  payable  pursuant  to this section shall be included as compensation for
        S. 5969                             7
 
     1  the purposes of computation of overtime pay and for retirement purposes.
     2  The director of the budget may adopt such regulations as may  be  deemed
     3  necessary to carry out the provisions of this section.
     4    §  12.  Member in charge of satellite station compensation. Members of
     5  the collective negotiating unit consisting of troopers in  the  division
     6  of  state  police  who are designated "members in charge" of a satellite
     7  station shall continue  to  receive  four  hundred  thirty-five  dollars
     8  ($435)  per  year.   Such payment for the "member in charge" designation
     9  shall commence upon such designation and shall be  prorated  based  upon
    10  the duration of the designation.
    11    §  13.  Unused sick leave at retirement. Effective March 31, 2003, the
    12  lump sum payment for unused sick leave  at  retirement  as  provided  in
    13  section 9 of chapter 9 of the laws of 2001 shall continue.
    14    §  14. Overtime meal allowance. Notwithstanding any other provision of
    15  law to the contrary, pursuant to the terms of the  agreement  negotiated
    16  between the state and the employee organization representing the collec-
    17  tive  negotiating  unit  consisting of troopers in the division of state
    18  police, or the terms of the interest arbitration award made pursuant  to
    19  subdivision 4 of section 209 of the civil service law binding the execu-
    20  tive  branch  of  the  state  of  New York and the employee organization
    21  representing such unit, the overtime meal  allowance  for  unit  members
    22  shall continue at the rates in effect as of March 31, 2007.
    23    §  15.  The salary increases and benefit modifications provided for by
    24  this act for state employees in the collective negotiating unit consist-
    25  ing of troopers in the division of state police established pursuant  to
    26  article  14  of the civil service law shall not be implemented until the
    27  director of employee relations shall have delivered to the  director  of
    28  the  budget  and  the  comptroller  a letter certifying that there is in
    29  effect with respect to such negotiating unit  a  collective  negotiating
    30  agreement  which provides for such increases and modifications and which
    31  is fully executed in writing with the state pursuant to  article  14  of
    32  the  civil service law, and ratified pursuant to the ratification proce-
    33  dure of the employee organization certified pursuant to  article  14  of
    34  the  civil  service  law  to  represent each such collective negotiating
    35  unit.
    36    § 16. Payment and publication of grievance arbitration settlements and
    37  awards.   Notwithstanding any provision of  law  to  the  contrary,  the
    38  appropriations contained in this act shall be available to the state for
    39  the  payment  and  publication  of grievance arbitration settlements and
    40  awards pursuant to article 15 of the  collective  negotiating  agreement
    41  between the state and the employee organization representing the collec-
    42  tive  negotiating  unit  consisting of troopers in the division of state
    43  police.
    44    § 17. Date of entitlement  to  salary  increase.  Notwithstanding  the
    45  provisions of this act or of any other provision of law to the contrary,
    46  the  increase  of salary or compensation of any member of the collective
    47  negotiating unit consisting of troopers in the division of state  police
    48  provided  by this act shall be added to the salary of such member at the
    49  beginning of that payroll period the first day of which  is  nearest  to
    50  the  effective  date of such increase as provided in this act, or at the
    51  beginning of the earlier of two payroll periods the first days of  which
    52  are  nearest  but equally near to the effective date of such increase as
    53  provided in this act; provided,  however,  that,  for  the  purposes  of
    54  determining  the  salary  of such officer or employee upon reclassifica-
    55  tion, reallocation, appointment, promotion,  transfer,  demotion,  rein-
    56  statement,  or  other  change  of  status, such salary increase shall be
        S. 5969                             8
 
     1  deemed to be effective on the date thereof as prescribed  by  this  act,
     2  with  payment  thereof pursuant to this section on a date prior thereto,
     3  instead of on such effective date, and shall not operate to  confer  any
     4  additional  salary  rights  or  benefits  on  such  officer or employee.
     5  Payment of such salary increase may  be  deferred  pursuant  to  section
     6  eighteen of this act.
     7    §  18.  Deferred  payment  of  salary  increase.  Notwithstanding  the
     8  provisions of any other section of this act or of any other provision of
     9  law to the contrary, pending payment pursuant to this act of  the  basic
    10  annual  salaries  of  incumbents  of positions subject to this act, such
    11  incumbents shall receive, as partial compensation for services rendered,
    12  the rate of compensation otherwise payable  in  their  respective  posi-
    13  tions.  An  incumbent holding a position subject to this act at any time
    14  during the period from April 1, 2011 until the time  when  basic  annual
    15  salaries are first paid pursuant to this act for such services in excess
    16  of  the  compensation actually received therefor, shall be entitled to a
    17  lump sum payment for the difference between the  salary  to  which  such
    18  incumbent  is  entitled  for  such service and the compensation actually
    19  received therefor. Such lump sum payment shall be made as soon as  prac-
    20  ticable.  Any  amount  payable  in such lump sum paid represents compen-
    21  sation earned in each of the year or years for which  it  is  calculated
    22  pursuant  to  this act and not as compensation earned wholly in the year
    23  during which the lump sum is paid. Pursuant to the terms of  the  agree-
    24  ment  negotiated between the state and the employee organization repres-
    25  enting the collective negotiating unit consisting  of  troopers  in  the
    26  division  of  state police, there shall be no retroactive payment of the
    27  increases to the compensation provided in section six or seven  of  this
    28  act  for  the  period  April 1, 2011 to March 31, 2014 under any circum-
    29  stances.
    30    § 19. Use of appropriations.  Notwithstanding  any  provision  of  the
    31  state  finance  law  or  any other provision of law to the contrary, the
    32  state comptroller is authorized to pay any amounts required by the fore-
    33  going provisions of this act. To the extent that existing appropriations
    34  available to any state department or agency in any fund are insufficient
    35  to accomplish the purposes set forth in this section,  the  director  of
    36  the  budget  is  authorized  to  allocate to the various departments and
    37  agencies, from any appropriations available in  any  fund,  the  amounts
    38  necessary  to  make  such  payments.  Any  appropriations or other funds
    39  available to any state department or agency for personal service or  for
    40  other  related employee benefits during the fiscal year commencing April
    41  1, 2014 or April 1, 2015 shall be  available  for  the  payment  of  any
    42  liabilities or obligations incurred pursuant to the foregoing provisions
    43  of  this act, whether occurring prior to or during the state fiscal year
    44  commencing April 1, 2014 or April 1, 2015.
    45    § 20. Appropriations.  Notwithstanding  any  provision  of  the  state
    46  finance  law  or any other provision of law to the contrary, the several
    47  amounts as hereinafter set forth in this section are hereby appropriated
    48  from the funds so designated for use by any state department  or  agency
    49  for  the fiscal year beginning April 1, 2014 or April 1, 2015 to supple-
    50  ment appropriations from each respective  fund  available  for  personal
    51  service,  other  than personal service and fringe benefits, and to carry
    52  out the provisions of this  act.  The  monies  hereby  appropriated  are
    53  available  for  payment of any liabilities or obligations incurred prior
    54  to or during the state fiscal year commencing April 1, 2014 or April  1,
    55  2015.  For this purpose, these appropriations shall remain in full force
    56  and effect for the payment of liabilities incurred on or before April 1,
        S. 5969                             9
 
     1  2015  or April 1, 2016. No money shall be available for expenditure from
     2  this appropriation until a certification of approval has been issued  by
     3  the  director of the budget and a copy of such certificate or any amend-
     4  ment  thereto has been filed with the state comptroller, the chairperson
     5  of the senate finance committee, and the  chairperson  of  the  assembly
     6  ways and means committee.
 
     7                     ALL STATE DEPARTMENTS AND AGENCIES
 
     8  Special Pay Bills
     9  General Fund - State Purposes Account
 
    10                       PERSONAL SERVICE
 
    11  Personal Service - Regular .................... 31,143,000
 
    12                     NON-PERSONAL SERVICE
 
    13  Fringe benefits ................................ 2,382,000
    14  Health Benefits Committee ......................... 26,000
    15  Professional Development Fund .................... 191,000
    16  Employee Benefit Fund .......................... 2,100,000
    17  Contract Administration ........................... 25,000
 
    18    §  21.  This  act shall take effect immediately and shall be deemed to
    19  have been in full force and effect on and after April 1, 2011.
          REPEAL NOTE.- Subparagraphs 1, 2, 3 and 4 of paragraph a  of  subdivi-
        sion  2  of section 215 of the executive law, repealed by section one of
        this act, provided salary schedules for state employees in  the  partic-
        ular titles in the collective negotiating unit consisting of troopers in
        the division of state police and is replaced by revised salary schedules
        in  new  subparagraphs  1,  2,  3, and 4 of paragraph a of subdivision 2
        implementing an agreement between the state and the  employee  organiza-
        tion representing such unit.