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S05970 Summary:

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S05970 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5970
 
                               2015-2016 Regular Sessions
 
                    IN SENATE
 
                                      June 14, 2015
                                       ___________
 
        Introduced  by  Sen.  GALLIVAN  --  (at request of the Governor) -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Rules
 
        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 commissioned and non-commissioned officers in the divi-
          sion 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; and making an appropriation therefor; and
          repealing 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. Subparagraphs 5, 6, 7 and 8 of paragraph a of subdivision 2
     2  of  section  215 of the executive law are REPEALED and four new subpara-
     3  graphs 5, 6, 7 and 8 are added to read as follows:
     4    (5) Effective April first,  two  thousand  fourteen,  members  of  the
     5  collective  negotiating  unit consisting of commissioned and non-commis-
     6  sioned officers in the division of state police shall  receive  a  basic
     7  annual salary pursuant to the following 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  Sergeant and
    13  Technical
    14  Sergeant      $102,048        $103,135        $103,421         $101,846
    15  Station
    16  Commander     $105,345        $106,433        $106,718         $105,145
    17  Zone
    18  Sergeant      $107,027        $108,111        $108,396         $106,825
    19  First,
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12020-04-5
        S. 5970                             2
 
     1  Staff
     2  and
     3  Chief T/
     4  Sgt           $112,533        $113,619        $113,903         $112,330
     5  Lieutenant
     6  and
     7  Technical
     8  Lieutenant    $121,953        $123,038        $123,323         $121,752
     9  Lieutenant
    10  BCI           $124,342        $125,427        $125,713         $124,138
    11  Captain       $130,059        $131,144        $131,432         $129,857
    12  Captain BCI   $132,484        $133,567        $133,853         $132,279
    13  Major         $138,583        $139,669        $139,954         $138,379
    14    (6)  Effective  April  first,  two  thousand  fifteen,  members of the
    15  collective negotiating unit consisting of commissioned  and  non-commis-
    16  sioned  officers  in  the division of state police shall receive a basic
    17  annual salary pursuant to the following schedule:
    18                Orange,         City of New     Nassau and       All Other
    19                Putnam and      York, Rockland  Suffolk          Locations
    20                Dutchess        and Westchester Counties
    21                Counties        Counties
    22  Sergeant and
    23  Technical
    24  Sergeant      $104,089        $105,198        $105,489         $103,883
    25  Station
    26  Commander     $107,452        $108,562        $108,852         $107,248
    27  Zone
    28  Sergeant      $109,168        $110,273        $110,564         $108,962
    29  First,
    30  Staff
    31  and
    32  Chief T/
    33  Sgt           $114,784        $115,891        $116,181         $114,577
    34  Lieutenant
    35  and
    36  Technical
    37  Lieutenant    $124,392        $125,499        $125,789         $124,187
    38  Lieutenant
    39  BCI           $126,829        $127,936        $128,227         $126,621
    40  Captain       $132,660        $133,767        $134,061         $132,454
    41  Captain BCI   $135,134        $136,238        $136,530         $134,925
    42  Major         $141,355        $142,462        $142,753         $141,147
    43    (7) Effective April  first,  two  thousand  sixteen,  members  of  the
    44  collective  negotiating  unit consisting of commissioned and non-commis-
    45  sioned officers in the division of state police shall  receive  a  basic
    46  annual salary pursuant to the following schedule:
    47                Orange,         City of New     Nassau and       All Other
    48                Putnam and      York, Rockland  Suffolk          Locations
    49                Dutchess        and Westchester Counties
    50                Counties        Counties
    51  Sergeant and
    52  Technical
    53  Sergeant      $105,650        $106,776        $107,071         $105,441
    54  Station
    55  Commander     $109,064        $110,190        $110,485         $108,857
    56  Zone
        S. 5970                             3
 
     1  Sergeant      $110,806        $111,927        $112,222         $110,596
     2  First,
     3  Staff
     4  and
     5  Chief T/
     6  Sgt           $116,506        $117,629        $117,924         $116,296
     7  Lieutenant
     8  and
     9  Technical
    10  Lieutenant    $126,258        $127,381        $127,676         $126,050
    11  Lieutenant
    12  BCI           $128,731        $129,855        $130,150         $128,520
    13  Captain       $134,650        $135,774        $136,072         $134,441
    14  Captain BCI   $137,161        $138,282        $138,578         $136,949
    15  Major         $143,475        $144,599        $144,894         $143,264
    16    (8)  Effective  April  first,  two  thousand seventeen, members of the
    17  collective negotiating unit consisting of commissioned  and  non-commis-
    18  sioned  officers  in  the division of state police shall receive a basic
    19  annual salary pursuant to the following 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  Sergeant and
    25  Technical
    26  Sergeant      $107,235        $108,378        $108,677         $107,023
    27  Station
    28  Commander     $110,700        $111,843        $112,142         $110,490
    29  Zone
    30  Sergeant      $112,468        $113,606        $113,905         $112,255
    31  First,
    32  Staff
    33  and
    34  Chief T/
    35  Sgt           $118,254        $119,393        $119,693         $118,040
    36  Lieutenant
    37  and
    38  Technical
    39  Lieutenant    $128,152        $129,292        $129,591         $127,941
    40  Lieutenant
    41  BCI           $130,662        $131,803        $132,102         $130,448
    42  Captain       $136,670        $137,811        $138,113         $136,458
    43  Captain BCI   $139,218        $140,356        $140,657         $139,003
    44  Major         $145,627        $146,768        $147,067         $145,413
    45    § 2. Paragraph a of subdivision  2  of  section  207-b  of  the  state
    46  finance  law  is  REPEALED  and  a  new  paragraph a is added to read as
    47  follows:
    48    a. Where, and to the extent that, the agreement between the state  and
    49  an  employee  organization  entered into pursuant to article fourteen of
    50  the civil service law so provides on behalf  of  the  employees  in  the
    51  collective  negotiating  unit consisting of commissioned and non-commis-
    52  sioned officers in the division of state police, established pursuant to
    53  article fourteen of the civil service law, and upon audit and warrant of
    54  the state comptroller, the director shall provide  for  the  payment  of
    55  monies  to  such employee organization for the establishment and mainte-
    56  nance of an employee benefit fund established by the employee  organiza-
        S. 5970                             4
 
     1  tion  for  the employees in the negotiating unit covered by the control-
     2  ling provisions of such agreement providing for  such  employee  benefit
     3  fund.  Such amounts are to be determined consistent with said agreement,
     4  including any and all monies agreed to be transferred in said agreement,
     5  and  on  the basis of the number of full-time annual salaried employees,
     6  other than full-time seasonal employees, on the payroll on March  first,
     7  two thousand eleven for payments to be made on April first, two thousand
     8  eleven,  the  number  of full-time annual salaried employees, other than
     9  full-time seasonal employees, on the payroll on March first,  two  thou-
    10  sand twelve for payments to be made on April first, two thousand twelve,
    11  the  number of full-time annual salaried employees, other than full-time
    12  seasonal employes, on the payroll on March first, two thousand  thirteen
    13  for  payments  to  be  made  on  April first, two thousand thirteen, the
    14  number of full-time annual  salaried  employees,  other  than  full-time
    15  seasonal employees, on the payroll on March first, two thousand fourteen
    16  for  payments  to  be  made  on  April first, two thousand fourteen, the
    17  number of full-time annual  salaried  employees,  other  than  full-time
    18  seasonal  employees, on the payroll on March first, two thousand fifteen
    19  for payments to be made on April first, two thousand fifteen, the number
    20  of 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.
    34    § 3. Location compensation. (a) Notwithstanding any other provision of
    35  law  to  the contrary, pursuant to the terms of the agreement negotiated
    36  between the state and the employee organization representing the collec-
    37  tive negotiating unit consisting of  commissioned  and  non-commissioned
    38  officers  in  the  division  of state police, members in this collective
    39  negotiating unit whose principal place of employment, or, in the case of
    40  a field employee, whose official station  as  determined  in  accordance
    41  with  the regulations of the state comptroller, is located in the county
    42  of Monroe and who were on the payroll on March 31, 1985,  and  who  have
    43  received  this  location  compensation  continually  since  then,  shall
    44  continue to receive location pay at the  rate  of  two  hundred  dollars
    45  ($200) per year, provided the member continues to be otherwise eligible.
    46  Such  location  pay  shall continue to be annualized and paid during the
    47  regular bi-weekly periods. Such location pay shall be  in  addition  to,
    48  and  shall  not  be a part of, a member's annual basic salary, and shall
    49  not affect or impair any increments or other rights or benefits to which
    50  the member may be entitled; provided, however, that location  pay  shall
    51  be  included as compensation for purposes of computation of overtime pay
    52  and for retirement purposes.
    53    (b) Notwithstanding any other provision of law to the contrary, pursu-
    54  ant to the terms of the agreement negotiated between the state  and  the
    55  employee  organization  representing  the  collective  negotiating  unit
    56  consisting of commissioned and non-commissioned officers in the division
        S. 5970                             5
 
     1  of state police, members in this collective negotiating unit whose prin-
     2  cipal place of employment, or, in the case of a  field  employee,  whose
     3  official station as determined in accordance with the regulations of the
     4  state  comptroller, is located in the city of New York, or in the county
     5  of Rockland, Westchester, Nassau or Suffolk shall  continue  to  receive
     6  location pay at the rate of one thousand five hundred thirty-six dollars
     7  ($1,536) per year effective April 1, 2010.
     8    (c)  Such location pay shall continue to be annualized and paid during
     9  regular bi-weekly periods. Such location pay shall be  in  addition  to,
    10  and  shall  not  be a part of, a member's annual basic salary, and shall
    11  not affect or impair any increments or other rights or benefits to which
    12  the member may be entitled; provided, however,  that  the  location  pay
    13  shall  be  included as compensation for purposes of computation of over-
    14  time pay and for retirement purposes.
    15    § 4. Supplemental location  compensation.    (a)  Notwithstanding  any
    16  other  provision  of  law  to the contrary, pursuant to the terms of the
    17  agreement negotiated between the state  and  the  employee  organization
    18  representing  the collective negotiating unit consisting of commissioned
    19  and non-commissioned officers in the division of state  police,  members
    20  in this collective negotiating unit whose principal place of employment,
    21  or,  in  the  case of a field employee, whose official station as deter-
    22  mined in accordance with the regulations of the  state  comptroller,  is
    23  located  in  the  city  of New York, or in the county of Putnam, Orange,
    24  Dutchess, Rockland, Westchester, Nassau or  Suffolk  shall  continue  to
    25  receive supplemental location pay as follows effective April 1, 2010:
 
    26       Orange, Putnam or Dutchess County       $1,280
    27       Rockland or Westchester County          $1,918
    28       or city of New York
    29       Nassau or Suffolk County                $2,239
 
    30    (b) Such supplemental location pay shall continue to be annualized and
    31  paid  during  regular  bi-weekly  periods.  Such  supplemental  location
    32  compensation shall be in addition to, and shall not  be  a  part  of,  a
    33  member's  annual basic salary, and shall not affect or impair any incre-
    34  ments or other rights or benefits to which the member may  be  entitled;
    35  provided,  however,  that such compensation shall be included as compen-
    36  sation for purposes of computation of overtime pay  and  for  retirement
    37  purposes.
    38    § 5. Expanded duty pay. (a) Notwithstanding any other provision of law
    39  to  the  contrary,  pursuant  to  the  terms of the agreement negotiated
    40  between the state and the employee organization representing the collec-
    41  tive negotiating unit consisting of  commissioned  and  non-commissioned
    42  officers  in  the  division  of state police, during the period April 1,
    43  2010 through March 31, 2014, the annual payment for  expanded  duty  pay
    44  for  members of this unit shall continue in the amount of seven thousand
    45  four hundred fifty-two dollars ($7,452). Effective April  1,  2014,  the
    46  annual  payment  for  expanded  duty  pay  shall be eight thousand seven
    47  hundred two dollars ($8,702). There shall be no retroactive  payment  of
    48  the increases to expanded duty pay for the period April 1, 2011 to March
    49  31,  2014 under any circumstances. Pursuant to the agreement, the entire
    50  increase of one thousand two hundred fifty dollars ($1,250) covering the
    51  period April 1, 2011 to March 31, 2014 is only payable on a  prospective
    52  basis commencing April 1, 2014.
    53    (b)  Pursuant  to  the  terms  of the agreement negotiated between the
    54  state and the employee organization representing the collective  negoti-
        S. 5970                             6
 
     1  ating  unit  consisting of commissioned and non-commissioned officers in
     2  the division of state police, expanded duty pay  shall  continue  to  be
     3  annualized  and  paid  during regular bi-weekly periods. Such additional
     4  compensation  shall  be  in  addition  to, and shall not be part of, the
     5  member's annual basic salary, and shall not affect or impair any  rights
     6  or benefits to which the member may be entitled; provided, however, that
     7  such  additional  compensation  shall  be  included  as compensation for
     8  purposes of computation of overtime pay and as compensation for  retire-
     9  ment.
    10    §  6.  Hazardous  duty pay. (a) Notwithstanding any other provision of
    11  law to the contrary, pursuant to the terms of the  agreement  negotiated
    12  between  the state and employee organization representing the collective
    13  negotiating unit consisting of commissioned and  non-commissioned  offi-
    14  cers  in  the  division of state police, during the period April 1, 2010
    15  through March 31, 2014, the annual payment for hazardous  duty  pay  for
    16  members  of  this  unit shall continue in the amount of one thousand two
    17  hundred dollars ($1,200). Effective April 1, 2014,  the  annual  payment
    18  for  hazardous duty pay shall be two thousand four hundred fifty dollars
    19  ($2,450). There shall be no retroactive  payment  of  the  increases  to
    20  hazardous  duty pay for the period April 1, 2011 to March 31, 2014 under
    21  any circumstances.  Pursuant to the agreement, the  entire  increase  of
    22  one  thousand  two  hundred  fifty  dollars ($1,250) covering the period
    23  April 1, 2011 to March 31, 2014 is only payable on a  prospective  basis
    24  commencing with the scheduled December 2014 payment.
    25    (b) Notwithstanding any other provision of law to the contrary, pursu-
    26  ant  to  the terms of the agreement negotiated between the state and the
    27  employee  organization  representing  the  collective  negotiating  unit
    28  consisting of commissioned and non-commissioned officers in the division
    29  of  state police, hazardous duty pay shall be payable to members of this
    30  unit in December of each respective  state  fiscal  year  to  which  the
    31  payment  is  attributed,  or  as  soon  as  practicable thereafter. Such
    32  payment shall continue to be made as a lump sum payment  to  members  of
    33  this  unit  on the payroll on the first of November each year during the
    34  pay period that includes the first of December each year.  Such  payment
    35  shall  be  in addition to, and shall not be part of, the member's annual
    36  basic salary, and shall not affect or impair any rights or  benefits  to
    37  which  the  member may be entitled; provided, however, that such payment
    38  shall be included as compensation for purposes of computation  of  over-
    39  time pay and as compensation for retirement.
    40    §  7.  Command  pay.  (a)  Notwithstanding any provision of law to the
    41  contrary, pursuant to the terms of an agreement negotiated  between  the
    42  state  and the employee organization representing the collective negoti-
    43  ating unit consisting of commissioned and non-commissioned  officers  in
    44  the  division of state police, in recognition that commissioned and non-
    45  commissioned officers in the division  of  state  police  assume  higher
    46  level  responsibilities, such commissioned and non-commissioned officers
    47  shall continue to receive command pay in the  amount  of  three  hundred
    48  nineteen dollars ($319) effective April 1, 2010.
    49    (b)  Such  payment  shall  be  annualized  and paid during the regular
    50  bi-weekly periods and shall be in addition to,  and  not  part  of,  the
    51  member's  annual basic salary, and shall not affect or impair any rights
    52  or benefits to which the member may be entitled; provided, however, such
    53  payments shall be included  as  compensation  for  retirement  purposes.
    54  Command  pay shall be included for overtime calculations for non-commis-
    55  sioned officers.
        S. 5970                             7
 
     1    § 8. Health benefits committees. Pursuant to the terms of an agreement
     2  negotiated between the state and the employee organization  representing
     3  the  collective negotiating unit consisting of commissioned and non-com-
     4  missioned officers in the division of state police,  during  the  period
     5  April  1,  2011  through  March  31,  2018, there shall continue to be a
     6  committee on health benefits funded in the following amounts: $5,100 for
     7  the period April 1, 2014 through March 31, 2015; $5,202 for  the  period
     8  April  1,  2015  through  March 31, 2016; $5,280 for the period April 1,
     9  2016 through March 31, 2017; and $5,359 for the  period  April  1,  2017
    10  through  March  31,  2018. One-half of this amount in each year shall be
    11  made available to the state and one-half of this amount  shall  be  made
    12  available to the employee organization representing such unit.
    13    §  9.  Professional  development  and  training funds. Pursuant to the
    14  terms of an agreement negotiated between  the  state  and  the  employee
    15  organization  representing the collective negotiating unit consisting of
    16  commissioned and non-commissioned officers  in  the  division  of  state
    17  police,  during  the  period April 1, 2011 through March 31, 2018, there
    18  shall continue to be a professional development and quality  of  working
    19  life  committee  from  which  the  tuition  reimbursement  program,  the
    20  master's program and the employee assistance program shall be supported.
    21  Such committee shall be funded in the following amounts: $94,248 for the
    22  period April 1, 2014 through March 31,  2015;  $96,133  for  the  period
    23  April  1,  2015  through March 31, 2016; $97,575 for the period April 1,
    24  2016 through March 31, 2017; and $99,039 for the period  April  1,  2017
    25  through March 31, 2018.
    26    §  10.  Recognized degree pay. Notwithstanding any provision of law to
    27  the contrary, pursuant to the terms of the agreement negotiated  between
    28  the  state  and  the  employee  organization representing the collective
    29  negotiating unit consisting of commissioned and  non-commissioned  offi-
    30  cers in the division of state police, or the terms of the interest arbi-
    31  tration award made pursuant to subdivision 4 of section 209 of the civil
    32  service  law  binding  the executive branch of the state of New York and
    33  the employee organization representing such unit,  effective  March  31,
    34  2003,  the  lump  sum payments for degrees, as contained in section 5 of
    35  chapter 244 of the laws of 2002, shall continue.
    36    § 11. Short swings. (a) Notwithstanding any provision of  law  to  the
    37  contrary,  pursuant to the terms of the agreement negotiated between the
    38  state and the employee organization representing the collective  negoti-
    39  ating  unit  consisting of commissioned and non-commissioned officers in
    40  the division of state police, or the terms of the  interest  arbitration
    41  award made pursuant to subdivision 4 of section 209 of the civil service
    42  law  binding  the  executive  branch  of  the  state of New York and the
    43  employee organization representing such unit, effective March 31,  2003,
    44  members of this unit who are required to work short swings shall contin-
    45  ue  to receive compensation of thirty dollars ($30) for each short swing
    46  they are required to work and actually work. There  shall  be  no  short
    47  swing compensation where the short swing is worked at the request of, or
    48  for  the  convenience  of  the  member, as determined by the division of
    49  state police. The definition of short swing shall  be  a  tour  of  duty
    50  commencing  between  the  hours  of  five  a.m.  and  nine a.m. (B line)
    51  followed by a tour of duty commencing between nine p.m. and one a.m.  (A
    52  line)  on  consecutive  days,  or, a tour of duty commencing between the
    53  hours of one p.m. and five p.m. (C line) followed  by  a  tour  of  duty
    54  commencing  between  the  hours  of  five a.m. and nine a.m. (B line) on
    55  consecutive days. Such additional compensation shall not be  payable  if
        S. 5970                             8
 
     1  such  member's  hours of work continue from the conclusion of the former
     2  shift to the commencement of the latter shift without interruption.
     3    (b) The additional compensation payable pursuant to this section shall
     4  be in addition to, and shall not be a part of, the member's annual basic
     5  salary,  and  shall not affect or impair any rights or benefits to which
     6  the member may be entitled; provided,  however,  that  any  compensation
     7  payable  pursuant  to this section shall be included as compensation for
     8  the purposes of computation of overtime pay and for retirement purposes.
     9  The director of the budget may adopt such regulations as may  be  deemed
    10  necessary to carry out the provisions of this section.
    11    §  12.  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 10 of the laws of 2001 shall continue.
    14    §  13. 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 commissioned and non-commissioned
    18  officers in the division of state police, or the terms of  the  interest
    19  arbitration  award  made pursuant to subdivision 4 of section 209 of the
    20  civil service law binding the executive branch of the state of New  York
    21  and  the employee organization representing such unit, the overtime meal
    22  allowance for unit members shall continue at the rates in effect  as  of
    23  March 31, 2007.
    24    §  14.  The salary increases and benefit modifications provided for by
    25  this act for state employees in the collective negotiating unit consist-
    26  ing of commissioned and non-commissioned officers  in  the  division  of
    27  state police established pursuant to article 14 of the civil service law
    28  shall  not be implemented until the director of employee relations shall
    29  have delivered to the director of  the  budget  and  the  comptroller  a
    30  letter certifying that there is in effect with respect to such negotiat-
    31  ing  unit  a  collective  negotiating  agreement which provides for such
    32  increases and modifications and which is fully executed in writing  with
    33  the  state pursuant to article 14 of the civil service law, and ratified
    34  pursuant to the ratification  procedure  of  the  employee  organization
    35  certified  pursuant  to article 14 of the civil service law to represent
    36  each such collective negotiating unit.
    37    § 15. Payment and publication of grievance arbitration settlements and
    38  awards. Notwithstanding any provision of law to the contrary, the appro-
    39  priations contained in this act shall be available to the state for  the
    40  payment  and publication of grievance arbitration settlements and awards
    41  pursuant to article 15 of the collective negotiating  agreement  between
    42  the  state  and  the  employee  organization representing the collective
    43  negotiating unit consisting of commissioned and  non-commissioned  offi-
    44  cers in the division of state police.
    45    §  16.  Date  of  entitlement  to salary increase. Notwithstanding the
    46  provisions of this act or of any other provision of law to the contrary,
    47  the increase of salary or compensation of any member of  the  collective
    48  negotiating  unit  consisting of commissioned and non-commissioned offi-
    49  cers in the division of state police provided by this act shall be added
    50  to the salary of such member at the beginning of that payroll period the
    51  first day of which is nearest to the effective date of such increase  as
    52  provided  in this act, or at the beginning of the earlier of two payroll
    53  periods the first days of which are nearest  but  equally  near  to  the
    54  effective  date  of  such  increase  as  provided in this act; provided,
    55  however, that, for the purposes of determining the salary of such  offi-
    56  cer   or  employee  upon  reclassification,  reallocation,  appointment,
        S. 5970                             9
 
     1  promotion, transfer, demotion, reinstatement, or other change of status,
     2  such salary increase shall be deemed to be effective on the date thereof
     3  as prescribed by this act, with payment thereof pursuant to this section
     4  on  a  date  prior thereto, instead of on such effective date, and shall
     5  not operate to confer any additional salary rights or benefits  on  such
     6  officer  or  employee.  Payment  of such salary increase may be deferred
     7  pursuant to section seventeen of this act.
     8    §  17.  Deferred  payment  of  salary  increase.  Notwithstanding  the
     9  provisions of any other section of this act or of any other provision of
    10  law  to  the contrary, pending payment pursuant to this act of the basic
    11  annual salaries of incumbents of positions subject  to  this  act,  such
    12  incumbents shall receive, as partial compensation for services rendered,
    13  the  rate  of  compensation  otherwise payable in their respective posi-
    14  tions. An incumbent holding a position subject to this act at  any  time
    15  during  the  period  from April 1, 2011 until the time when basic annual
    16  salaries are first paid pursuant to this act for such services in excess
    17  of the compensation actually received therefor, shall be entitled  to  a
    18  lump  sum  payment  for  the difference between the salary to which such
    19  incumbent is entitled for such service  and  the  compensation  actually
    20  received  therefor. Such lump sum payment shall be made as soon as prac-
    21  ticable. Any amount payable in such lump  sum  paid  represents  compen-
    22  sation  earned  in  each of the year or years for which it is calculated
    23  pursuant to this act and not as compensation earned wholly in  the  year
    24  during  which  the lump sum is paid. Pursuant to the terms of the agree-
    25  ment negotiated between the state and the employee organization  repres-
    26  enting  the  collective  negotiating unit consisting of commissioned and
    27  non-commissioned officers in the division of state police,  there  shall
    28  be  no retroactive payment of the increases to the compensation provided
    29  in section five or six of this act for the period April 1, 2011 to March
    30  31, 2014 under any circumstances.
    31    § 18. Use of appropriations.  Notwithstanding  any  provision  of  the
    32  state  finance  law  or  any other provision of law to the contrary, the
    33  state comptroller is authorized to pay any amounts required by the fore-
    34  going provisions of this act. To the extent that existing appropriations
    35  available to any state department or agency in any fund are insufficient
    36  to accomplish the purposes set forth in this section,  the  director  of
    37  the  budget  is  authorized  to  allocate to the various departments and
    38  agencies, from any appropriations available in  any  fund,  the  amounts
    39  necessary  to  make  such  payments.  Any  appropriations or other funds
    40  available to any state department or agency for personal service or  for
    41  other  related employee benefits during the fiscal year commencing April
    42  1, 2014 or April 1, 2015 shall be  available  for  the  payment  of  any
    43  liabilities or obligations incurred pursuant to the foregoing provisions
    44  of  this act, whether occurring prior to or during the state fiscal year
    45  commencing April 1, 2014 or April 1, 2015.
    46    § 19. Appropriations.  Notwithstanding  any  provision  of  the  state
    47  finance  law  or any other provision of law to the contrary, the several
    48  amounts as hereinafter set forth in this section are hereby appropriated
    49  from the funds so designated for use by any state department  or  agency
    50  for  the fiscal year beginning April 1, 2014 or April 1, 2015 to supple-
    51  ment appropriations from each respective  fund  available  for  personal
    52  service,  other  than personal service and fringe benefits, and to carry
    53  out the provisions of this  act.  The  monies  hereby  appropriated  are
    54  available  for  payment of any liabilities or obligations incurred prior
    55  to or during the state fiscal year commencing April 1, 2014 or April  1,
    56  2015.  For this purpose, these appropriations shall remain in full force
        S. 5970                            10
 
     1  and effect for the payment of liabilities incurred on or before April 1,
     2  2015 or April 1, 2016. No money shall be available for expenditure  from
     3  this  appropriation until a certification of approval has been issued by
     4  the  director of the budget and a copy of such certificate or any amend-
     5  ment thereto has been filed with the state comptroller, the  chairperson
     6  of  the  senate  finance  committee, and the chairperson of the assembly
     7  ways and means committee.
 
     8  ALL STATE DEPARTMENTS AND AGENCIES
 
     9  Special Pay Bills
    10  General Fund - State Purposes Account
 
    11                PERSONAL SERVICE
 
    12  Personal Service - Regular ...... $8,801,000
 
    13              NON-PERSONAL SERVICE
 
    14  Fringe Benefits ................... $673,000
    15  Health Benefits Committee .......... $11,000
    16  Professional Development Fund...... $191,000
    17  Employee Benefit Fund ............. $530,000
    18  Contract Administration ............ $25,000
 
    19    § 20. This act shall take effect immediately and shall be deemed to have
    20  been in full force and effect on and after April 1, 2011.
          REPEAL NOTE.--Subparagraphs 5, 6, 7, and 8 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 commis-
        sioned and non-commissioned officers in the division of state police and
        is replaced by revised salary schedules in new subparagraphs  5,  6,  7,
        and  8 of paragraph a of subdivision 2 implementing an agreement between
        the state and the employee organization representing  such  unit.  Para-
        graph  a  of  subdivision  2  of section 207-b of the state finance law,
        repealed by section two of this act, provided for payments to an employ-
        ee benefit fund for state employees in  the  particular  titles  in  the
        collective  negotiating  unit consisting of commissioned and non-commis-
        sioned officers in the division of state police and  is  replaced  by  a
        revised  schedule of payments to be made to such fund in a new paragraph
        a implementing an agreement between the state and the employee organiza-
        tion representing such unit.