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S06819 Summary:

S06819 Actions:

S06819 Committee Votes:

S06819 Floor Votes:

S06819 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6819
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                      June 20, 2017
                                       ___________
 
        Introduced  by Sen. HANNON -- (at request of the Governor) -- read twice
          and ordered printed, and when printed to be committed to the Committee
          on Rules
 
        AN ACT to provide for the adjustment of stipends of  certain  incumbents
          in  the  state university of New York and designating moneys therefor;
          to continue a doctoral program recruitment and  retention  enhancement
          fund;  to  continue work-life services programs; to continue a profes-
          sional development committee;  to  continue  a  comprehensive  college
          graduate  program  recruitment  and  retention fund; to continue a fee
          mitigation fund; to continue a downstate location fund; to continue  a
          joint labor management advisory board; to continue an accidental death
          benefit; and making an appropriation therefor
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Adjustment to stipends of certain incumbents in  the  state
     2  university  of  New York.  (a) The stipend as of academic year 2016-2017
     3  for an incumbent of a position in the state university of  New  York  in
     4  the collective negotiating unit designated as the state university grad-
     5  uate student negotiating unit in the state university of New York estab-
     6  lished pursuant to article 14 of the civil service law, on September 30,
     7  2016,  shall  be  increased by two percent adjusted to the nearest whole
     8  dollar, commencing the beginning of the payroll period the first day  of
     9  which is nearest to October 1, 2016.  "Incumbent," as referenced in this
    10  subdivision,  shall be defined as members of the state university gradu-
    11  ate student negotiating unit established pursuant to article 14  of  the
    12  civil  service law who were employed by the state university of New York
    13  on the effective date of the increase and at the time of payment.
    14    (b) The stipend as of academic year 2017-2018 for an  incumbent  of  a
    15  position in the state university of New York in the collective negotiat-
    16  ing unit designated as the state university graduate student negotiating
    17  unit in the state university of New York established pursuant to article
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12016-01-7
        S. 6819                             2
 
     1  14  of  the civil service law, on September 30, 2017, shall be increased
     2  by two percent adjusted to the  nearest  whole  dollar,  commencing  the
     3  beginning  of  the  payroll  period the first day of which is nearest to
     4  October  1,  2017. "Incumbent," as referenced in this subdivision, shall
     5  be defined as members of the state university graduate student negotiat-
     6  ing unit established pursuant to article 14 of the civil service law who
     7  were employed by the state university of New York on the effective  date
     8  of the increase and at the time of payment.
     9    (c)  The  stipend  as of academic year 2018-2019 for an incumbent of a
    10  position in the state university of New York in the collective negotiat-
    11  ing unit designated as the state university graduate student negotiating
    12  unit in the state university of New York established pursuant to article
    13  14 of the civil service law, on September 30, 2018, shall  be  increased
    14  by  two  percent  adjusted  to  the nearest whole dollar, commencing the
    15  beginning of the payroll period the first day of  which  is  nearest  to
    16  October  1,  2018. "Incumbent," as referenced in this subdivision, shall
    17  be defined as members of the state university graduate student negotiat-
    18  ing unit established pursuant to article 14 of the civil service law who
    19  were employed by the state university of New York on the effective  date
    20  of the increase and at the time of payment.
    21    (d)  (i)  This  subdivision shall apply to employees in the collective
    22  negotiating unit designated as the  state  university  graduate  student
    23  negotiating  unit in the state university of New York established pursu-
    24  ant to article 14 of the civil service law.
    25    (ii) The minimum stipend for academic year 2016-2017 shall increase by
    26  two percent to $9,573 annually for employees on full  assistantships  at
    27  university  center campuses effective concurrent with the effective date
    28  of the increase in subdivision (a) of this section commencing the begin-
    29  ning of the payroll period the first day of which is nearest to  October
    30  1, 2016.
    31    (iii)  The  minimum stipend for academic year 2017-2018 shall increase
    32  by two percent to $9,764 annually for employees on  full  assistantships
    33  at  university  center  campuses effective concurrent with the effective
    34  date of the increase in subdivision (b) of this section  commencing  the
    35  beginning  of  the  payroll  period the first day of which is nearest to
    36  October 1, 2017.
    37    (iv) The minimum stipend for academic year 2018-2019 shall increase by
    38  two percent to be $9,959 annually for employees on  full  assistantships
    39  at  university  center  campuses effective concurrent with the effective
    40  date of the increase in subdivision (c) of this section  commencing  the
    41  beginning  of  the  payroll  period the first day of which is nearest to
    42  October 1, 2018.
    43    (v) Nothing herein shall prevent the state university of New York,  in
    44  its  discretion, from increasing amounts paid to an incumbent of a posi-
    45  tion of the state university graduate student negotiating  unit  in  the
    46  state  university  of New York established pursuant to article 14 of the
    47  civil service law in addition to the minimum stipend provided,  however,
    48  that  the  amounts  required  for  such  other increases and the cost of
    49  fringe benefits attributable to such other increases, as  determined  by
    50  the  comptroller,  are  made  available  to the state in accordance with
    51  procedures established by the state university of New York.
    52    (e) Notwithstanding any of the foregoing provisions of  this  section,
    53  any  increase  in  compensation  or  lump sum payment may be withheld in
    54  whole or in part from any  employee  to  whom  the  provisions  of  this
    55  section  are  applicable  when,  in the opinion of the chancellor of the
    56  state university of New York, the director of the budget, and the direc-
        S. 6819                             3
 
     1  tor of the governor's office of employee relations, such increase is not
     2  warranted or is not appropriate.
     3    §  2.  Doctoral  program  recruitment  and retention enhancement fund.
     4  There is hereby continued, within the state university of  New  York,  a
     5  doctoral  program  recruitment  and  retention enhancement fund from the
     6  amounts appropriated herein. Such fund shall be used to enhance employee
     7  compensation for the purpose of recruitment and  retention  of  new  and
     8  existing  doctoral  students in selected programs. The specific doctoral
     9  programs eligible for enhanced compensation  pursuant  to  this  section
    10  shall be at the discretion of the state university of New York. Pursuant
    11  to  the terms of the collective bargaining agreement, these funds may be
    12  reallocated for use by other joint committees upon mutual  agreement  of
    13  the  parties.  To  be  eligible  for  such  payment, an employee must be
    14  employed on or after July 2, 2016 and  at  the  time  of  payment.  This
    15  program shall expire July 1, 2019.
    16    §  3. Comprehensive college graduate program recruitment and retention
    17  fund. There is hereby continued, within  the  state  university  of  New
    18  York, a comprehensive college graduate program recruitment and retention
    19  fund  from  the amounts appropriated herein.  Such fund shall be used to
    20  enhance  employee  compensation  for  the  purpose  of  recruitment  and
    21  retention  of  new  and  existing  graduate  students in selected degree
    22  programs. The specific graduate degree programs  eligible  for  enhanced
    23  compensation  pursuant to this section shall be at the discretion of the
    24  state university of New York. Pursuant to the terms  of  the  collective
    25  bargaining  agreement,  these  funds may be reallocated for use by other
    26  joint committees upon mutual agreement of the parties.   To be  eligible
    27  for  such payment, an employee must be employed on or after July 2, 2016
    28  and at the time of payment. This program shall expire July 1, 2019.
    29    § 4. Fee mitigation fund. There is hereby continued, within the  state
    30  university of New York, a fee mitigation fund from the amounts appropri-
    31  ated herein. Such fund shall be used for the purpose of funding the cost
    32  of  various fees, including but not limited to technology fees. Pursuant
    33  to the terms of the collective bargaining agreement, these funds may  be
    34  reallocated  for  use by other joint committees upon mutual agreement of
    35  the parties. To be eligible  for  such  payment,  an  employee  must  be
    36  employed  on  or  after  July  2,  2016 and at the time of payment. This
    37  program shall expire July 1, 2019.
    38    § 5. Downstate location fund. There is hereby  continued,  within  the
    39  state university of New York, a downstate location fund from the amounts
    40  appropriated herein.  Such fund shall be used for the purpose of funding
    41  location adjustments in the downstate area for employees whose work site
    42  is  New  York  City,  Suffolk,  Nassau, Rockland, Westchester, Dutchess,
    43  Putnam or Orange counties.  The  specific  location  adjustments  funded
    44  pursuant to this section shall be at the discretion of the state univer-
    45  sity  of  New  York.  Pursuant to the terms of the collective bargaining
    46  agreement, these funds may be reallocated for use by other joint commit-
    47  tees upon mutual agreement of the  parties.  To  be  eligible  for  such
    48  payment,  an  employee  must be employed on or after July 2, 2016 and at
    49  the time of payment. This program shall expire July 1, 2019.
    50    § 6. Joint labor management advisory board. Pursuant to the  terms  of
    51  an  agreement negotiated between the state and the employee organization
    52  representing employees in the collective negotiating unit designated  as
    53  the  state  university  graduate  student  negotiating unit in the state
    54  university of New York established pursuant to article 14 of  the  civil
    55  service  law, there shall be continued a joint labor management advisory
    56  board to study and make recommendations concerning issues  of  work-life
        S. 6819                             4
 
     1  services  programs  and  implement  agreements  that may be entered into
     2  between the state and such employee organization concerning such  issues
     3  within  the  appropriations  made  available therefor.   Pursuant to the
     4  terms of the collective bargaining agreement, these funds may be reallo-
     5  cated  for  use  by  other joint committees upon mutual agreement of the
     6  parties.
     7    § 7. Work-life services programs. Pursuant to the terms of  an  agree-
     8  ment  negotiated between the state and the employee organization repres-
     9  enting the collective negotiating unit designated as the state universi-
    10  ty graduate student negotiating unit in the state university of New York
    11  established pursuant to article 14 of the civil service law, there shall
    12  be continued work-life services programs to be administered  in  accord-
    13  ance with such agreement within the appropriations made available there-
    14  for.    Pursuant  to  the  terms of the collective bargaining agreement,
    15  these funds may be reallocated for use by other  joint  committees  upon
    16  mutual agreement of the parties. This program shall expire July 1, 2019.
    17    §  8.  Professional development committee. Pursuant to the terms of an
    18  agreement negotiated between the state  and  the  employee  organization
    19  representing  the  collective  negotiating  unit designated as the state
    20  university graduate student negotiating unit in the state university  of
    21  New  York  established  pursuant to article 14 of the civil service law,
    22  there shall be continued a professional development committee to review,
    23  make recommendations and implement programs  for  professional  develop-
    24  ment.  Such program shall be administered in accordance with such agree-
    25  ment within the appropriations made available therefor. Pursuant to  the
    26  terms of the collective bargaining agreement, these funds may be reallo-
    27  cated  for  use  by  other joint committees upon mutual agreement of the
    28  parties. This program shall expire July 1, 2019.
    29    § 9. Notwithstanding any provision of law to the contrary, the  appro-
    30  priations  contained in this act shall be available to the state for the
    31  payment of grievance and arbitration settlements and awards provided for
    32  in the collective negotiating agreement between the state  and  employee
    33  organization  representing the collective negotiating unit designated as
    34  the state university graduate student  negotiating  unit  in  the  state
    35  university  of  New York established pursuant to article 14 of the civil
    36  service law.
    37    § 10. Accidental death benefit. Pursuant to the terms of an  agreement
    38  negotiated  between the state and the employee organization representing
    39  the collective negotiating unit designated as the state university grad-
    40  uate student negotiating unit in the state university of New York estab-
    41  lished pursuant to article 14 of the  civil  service  law,  there  shall
    42  continue  to be a death benefit in the amount of fifty thousand dollars,
    43  in the event an employee dies on or after July 2, 2007 as the result  of
    44  an  accidental on-the-job injury and a death benefit is paid pursuant to
    45  the workers' compensation law, payable by the state  to  the  employee's
    46  surviving  spouse  and  children to whom the workers' compensation acci-
    47  dental death benefit is paid, or to the employee's estate,  and  in  the
    48  same proportion as the workers' compensation accidental death benefit is
    49  paid.  Such program shall be administered in accordance with such agree-
    50  ment within the appropriations made available therefor.
    51    § 11. Stipend  increases  and  benefit  modifications.    The  stipend
    52  increases  and  benefit modifications provided for by this act for state
    53  employees and any incumbent, as defined by section one of this  act,  in
    54  the collective negotiating unit designated as the state university grad-
    55  uate student negotiating unit in the state university of New York estab-
    56  lished  pursuant  to  article  14  of the civil service law shall not be
        S. 6819                             5
 
     1  implemented until the director of  the  governor's  office  of  employee
     2  relations  has  delivered  to  the  director of the budget and the comp-
     3  troller a letter certifying that there is in effect with respect to such
     4  negotiating  unit  a collective negotiating agreement which provides for
     5  such increases  and  modifications  and  which  is  ratified  and  fully
     6  executed  in  writing with the state pursuant to article 14 of the civil
     7  service law.
     8    § 12. Date of entitlement to  stipend  increase.  Notwithstanding  the
     9  provisions of this act or of any other provision of law to the contrary,
    10  the stipend increase of any incumbent, as defined by section one of this
    11  act,  of the collective negotiating unit designated as the state univer-
    12  sity graduate student negotiating unit in the state  university  of  New
    13  York  established  pursuant  to  article 14 of the civil service law, as
    14  provided by this act, shall be added to the stipend of such incumbent at
    15  the beginning of the payroll period the first day of which is nearest to
    16  the effective date of such increase as provided in this act, or  at  the
    17  beginning  of the earlier of two payroll periods the first days of which
    18  are nearest but equally near to the effective date of such  increase  as
    19  provided in this act; provided, however, that for the purposes of deter-
    20  mining the stipend of such employee upon reclassification, reallocation,
    21  appointment,  promotion,  transfer,  demotion,  reinstatement  or  other
    22  change of status, such stipend increase shall be deemed to be  effective
    23  on  the  date thereof as prescribed by this act, and the payment thereof
    24  pursuant to this section on a date prior thereto,  instead  of  on  such
    25  effective  date, shall not operate to confer any additional compensation
    26  rights or benefits on such employee. Payment of  such  stipend  increase
    27  may be deferred pursuant to section thirteen of this act.
    28    §  13.  Deferred  payment  of  stipend  increase.  Notwithstanding the
    29  provisions of this act, or of any other provision of law to the  contra-
    30  ry,  pending payment of stipends pursuant to this act for any incumbent,
    31  as defined by section one of this act, of positions subject to this act,
    32  such incumbent shall  receive,  as  partial  compensation  for  services
    33  rendered,  the  stipends otherwise payable in their respective position.
    34  An incumbent, as defined by section one of this act, holding a  position
    35  subject  to  this  act  at any time during the period from July 2, 2016,
    36  until the time when stipend increases are first paid  pursuant  to  this
    37  act  for  such  services in excess of the compensation actually received
    38  therefor, shall be entitled to a lump sum  payment  for  the  difference
    39  between the stipend to which such incumbent is entitled for such service
    40  and the stipend actually received therefor.  Such lump sum payment shall
    41  be made as soon as practicable.
    42    §  14.  Use  of  appropriations.  Notwithstanding any provision of the
    43  state finance law or any other provision of law  to  the  contrary,  the
    44  state comptroller is authorized to pay any amounts required by the fore-
    45  going provisions of this act. To the extent that existing appropriations
    46  available to any state department or agency in any fund are insufficient
    47  to  accomplish  the  purposes set forth in this section, the director of
    48  the budget is authorized to allocate  to  the  various  departments  and
    49  agencies,  from  any  appropriations  available in any fund, the amounts
    50  necessary to make such  payments.  Any  appropriations  or  other  funds
    51  available  to any state department or agency for personal service or for
    52  other related employee benefits during the fiscal year commencing  April
    53  1,  2016  or  April  1,  2017  shall be available for the payment of any
    54  liabilities or obligations incurred pursuant to the foregoing provisions
    55  of this act, whether occurring prior to or during the state fiscal  year
    56  commencing April 1, 2017.
        S. 6819                             6
 
     1    §  15.  Notwithstanding  any provision of the state finance law or any
     2  other provision of law to the contrary, the sum of  five  million  seven
     3  hundred  seventy thousand dollars ($5,770,000) is hereby appropriated in
     4  the general fund/state purposes  account  (10050)  in  miscellaneous-all
     5  state  departments and agencies solely for apportionment/transfer by the
     6  director of the budget for use by any state department or agency in  any
     7  fund  for  the  fiscal  year beginning April 1, 2016 or April 1, 2017 to
     8  supplement appropriations for  personal  service,  other  than  personal
     9  service  and  fringe  benefits,  and to carry out the provisions of this
    10  act. The monies hereby appropriated are available  for  payment  of  any
    11  liabilities  or obligations incurred prior to or during the state fiscal
    12  year commencing April 1, 2016 or April 1, 2017. For this purpose,  these
    13  appropriations  shall remain in full force and effect for the payment of
    14  liabilities incurred on or before March 31, 2018.
    15    § 16. Notwithstanding any provision of the state finance  law  to  the
    16  contrary, the several amounts as hereinafter set forth, or so much ther-
    17  eof  as  may  be  necessary, are hereby appropriated for the fiscal year
    18  beginning April 1, 2016 or April 1, 2017  to  supplement  appropriations
    19  available  for  personal service, other than personal service and fringe
    20  benefits, and to carry out the provisions of  this  act.  Moreover,  the
    21  amounts     appropriated     as     nonpersonal     service    may    be
    22  suballocated/transferred to any state department or  agency  as  needed.
    23  The  monies hereby appropriated are available for payment of any liabil-
    24  ities or obligations incurred prior to or during the state  fiscal  year
    25  commencing  April  1,  2016  or  April  1, 2017. For this purpose, these
    26  appropriations shall remain in full force and effect for the payment  of
    27  liabilities  incurred  on  or  before  March 31, 2018. No money shall be
    28  available for expenditure from this appropriation until a  certification
    29  of  approval  has  been  issued  by  the director of the budget and such
    30  certificate or any amendment thereto has been filed with the state comp-
    31  troller, the chairperson of the senate finance committee, and the chair-
    32  person of the assembly ways and means committee.
 
    33                     ALL STATE DEPARTMENTS AND AGENCIES
 
    34  General Fund / State Operations
    35  State Purposes Account - 10050
 
    36                          MAINTENANCE UNDISTRIBUTED

    37  Doctoral Program Recruitment  and  Retention
    38    Enhancement Fund ............................. 1,407,000
    39  Comprehensive   College   Graduate   Program
    40    Recruitment and Retention Fund ................. 411,000
    41  Fee Mitigation Fund ............................ 1,215,000
    42  Downstate Location Fund .......................... 738,000
    43  Work-Life Services Programs ...................... 200,000
    44  Statewide Professional Development Committee ..... 352,000
 
    45    § 17. This act shall take effect immediately and shall  be  deemed  to
    46  have been in full force and effect on and after July 2, 2016.