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S07232 Summary:

S07232 Actions:

S07232 Committee Votes:

S07232 Floor Votes:

S07232 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7232
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                      June 7, 2021
                                       ___________
 
        Introduced by Sen. JACKSON -- (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  civil service law, in relation to compensation,
          benefits and other terms and conditions of employment of certain state
          officers and employees; to implement agreements between the state  and
          an  employee  organization; making an appropriation for the purpose of
          effectuating  certain  provisions  thereof;  and  to  repeal   certain
          provisions of the civil service 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 and 3 of paragraph c of subdivision 1 of
     2  section 130 of the civil service law is REPEALED and four  new  subpara-
     3  graphs 1, 2, 3 and 4 are added to read as follows:
     4    (1)  Effective  April  fourth,  two thousand nineteen for officers and
     5  employees on the administrative  payroll  and  effective  March  twenty-
     6  eighth, two thousand nineteen for officers and employees on the institu-
     7  tional payroll:
     8                            PS&T SALARY SCHEDULE
     9                       EFFECTIVE April 4, 2019 (ADMIN)
    10                       EFFECTIVE March 28, 2019 (INST)
 
    11                HIRING             JOB           ADVANCE      JOB RATE
    12  SG             RATE             RATE            AMOUNT       ADVANCE
 
    13  1             $23,778        $30,682             $987          $982
    14  2             $24,680        $31,923           $1,035        $1,033
    15  3             $25,889        $33,483           $1,085        $1,084
    16  4             $27,050        $35,042           $1,138        $1,164
    17  5             $28,332        $36,715           $1,198        $1,195
    18  6             $29,851        $38,651           $1,257        $1,258
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12025-02-1
        S. 7232                             2
 
     1  7             $31,526        $40,742           $1,308        $1,368
     2  8             $33,262        $42,895           $1,355        $1,503
     3  9             $35,116        $45,200           $1,404        $1,660
     4  10            $37,107        $47,709           $1,466        $1,806
     5  11            $39,233        $50,405           $1,562        $1,800
     6  12            $41,434        $53,081           $1,615        $1,957
     7  13            $43,846        $56,107           $1,679        $2,187
     8  14            $46,364        $59,186           $1,794        $2,058
     9  15            $48,988        $62,457           $1,861        $2,303
    10  16            $51,736        $65,849           $1,932        $2,521
    11  17            $54,639        $69,558           $2,024        $2,775
    12  18            $57,736        $73,418           $1,983        $3,784
    13  19            $60,864        $77,301           $2,065        $4,047
    14  20            $63,981        $81,172           $2,151        $4,285
    15  21            $67,373        $85,425           $2,246        $4,576
    16  22            $70,995        $89,886           $2,340        $4,851
    17  23            $74,750        $94,548           $2,437        $5,176
    18  24            $78,731        $99,394           $2,531        $5,477
    19  25            $83,075       $104,711           $2,639        $5,802
    20  26            $87,451       $107,795           $2,746        $3,868
    21  27            $92,183       $113,542           $2,891        $4,013
    22  28            $97,039       $119,181           $3,003        $4,124
    23  29           $102,125       $125,075           $3,118        $4,242
    24  30           $107,462       $131,215           $3,233        $4,355
    25  31           $113,189       $137,791           $3,354        $4,478
    26  32           $119,208       $144,599           $3,467        $4,589
    27  33           $125,692       $151,882           $3,581        $4,704
    28  34           $132,387       $159,447           $3,705        $4,830
    29  35           $139,250       $167,145           $3,825        $4,945
    30  36           $146,249       $175,064           $3,956        $5,079
    31  37           $153,925       $183,601           $4,079        $5,202
    32  38           $143,605

    33    (2)  Effective  April  second,  two  thousand  twenty for officers and
    34  employees on the administrative  payroll  and  effective  March  twenty-
    35  sixth,  two  thousand  twenty for officers and employees on the institu-
    36  tional payroll:
    37                            PS&T SALARY SCHEDULE
    38                       EFFECTIVE April 2, 2020 (ADMIN)
    39                       EFFECTIVE March 26, 2020 (INST)
 
    40              HIRING          JOB             ADVANCE       JOB RATE
    41  SG          RATE            RATE            AMOUNT        ADVANCE
    42  1           $24,254         $31,297         $1,007        $1,001
    43  2           $25,174         $32,564         $1,055        $1,060
    44  3           $26,407         $34,150         $1,107        $1,101
    45  4           $27,591         $35,740         $1,161        $1,183
    46  5           $28,899         $37,447         $1,222        $1,216
    47  6           $30,448         $39,423         $1,282        $1,283
    48  7           $32,157         $41,555         $1,334        $1,394
    49  8           $33,927         $43,753         $1,382        $1,534
    50  9           $35,818         $46,103         $1,432        $1,693
    51  10          $37,849         $48,662         $1,495        $1,843
    52  11          $40,018         $51,410         $1,593        $1,834
    53  12          $42,263         $54,140         $1,647        $1,995
    54  13          $44,723         $57,231         $1,713        $2,230
        S. 7232                             3
 
     1  14          $47,291         $60,371         $1,830        $2,100
     2  15          $49,968         $63,705         $1,898        $2,349
     3  16          $52,771         $67,169         $1,970        $2,578
     4  17          $55,732         $70,946         $2,064        $2,830
     5  18          $58,891         $74,887         $2,022        $3,864
     6  19          $62,081         $78,849         $2,106        $4,132
     7  20          $65,261         $82,794         $2,194        $4,369
     8  21          $68,720         $87,133         $2,291        $4,667
     9  22          $72,415         $91,684         $2,386        $4,953
    10  23          $76,245         $96,441         $2,485        $5,286
    11  24          $80,306         $101,379        $2,581        $5,587
    12  25          $84,737         $106,802        $2,691        $5,919
    13  26          $89,200         $109,951        $2,801        $3,945
    14  27          $94,027         $115,813        $2,948        $4,098
    15  28          $98,980         $121,565        $3,063        $4,207
    16  29          $104,168        $127,577        $3,180        $4,329
    17  30          $109,611        $133,839        $3,298        $4,440
    18  31          $115,453        $140,547        $3,421        $4,568
    19  32          $121,592        $147,491        $3,536        $4,683
    20  33          $128,206        $154,920        $3,653        $4,796
    21  34          $135,035        $162,636        $3,779        $4,927
    22  35          $142,035        $170,488        $3,901        $5,047
    23  36          $149,174        $178,565        $4,035        $5,181
    24  37          $157,004        $187,273        $4,161        $5,303
    25  38          $146,477
    26    (3)  Effective  April  first, two thousand twenty-one for officers and
    27  employees on the administrative  payroll  and  effective  March  twenty-
    28  fifth,  two thousand twenty-one for officers and employees on the insti-
    29  tutional payroll:
    30                            PS&T SALARY SCHEDULE
    31                       EFFECTIVE April 1, 2021 (ADMIN)
    32                       EFFECTIVE March 25, 2021 (INST)
    33              HIRING            JOB               ADVANCE         JOB RATE
    34  SG          RATE              RATE              AMOUNT          ADVANCE
    35  1           $24,739           $31,922           $1,027          $1,021
    36  2           $25,677           $33,216           $1,076          $1,083
    37  3           $26,935           $34,835           $1,129          $1,126
    38  4           $28,143           $36,456           $1,184          $1,209
    39  5           $29,477           $38,198           $1,246          $1,245
    40  6           $31,057           $40,214           $1,308          $1,309
    41  7           $32,800           $42,389           $1,361          $1,423
    42  8           $34,606           $44,625           $1,409          $1,565
    43  9           $36,534           $47,028           $1,461          $1,728
    44  10          $38,606           $49,637           $1,525          $1,881
    45  11          $40,818           $52,438           $1,625          $1,870
    46  12          $43,108           $55,223           $1,680          $2,035
    47  13          $45,617           $58,374           $1,747          $2,275
    48  14          $48,237           $61,575           $1,867          $2,136
    49  15          $50,967           $64,981           $1,936          $2,398
    50  16          $53,826           $68,511           $2,010          $2,625
    51  17          $56,847           $72,364           $2,105          $2,887
    52  18          $60,069           $76,387           $2,063          $3,940
    53  19          $63,323           $80,429           $2,148          $4,218
    54  20          $66,566           $84,450           $2,238          $4,456
    55  21          $70,094           $88,877           $2,337          $4,761
    56  22          $73,863           $93,519           $2,434          $5,052
        S. 7232                             4

     1  23          $77,770           $98,372           $2,535          $5,392
     2  24          $81,912           $103,405          $2,633          $5,695
     3  25          $86,432           $108,935          $2,745          $6,033
     4  26          $90,984           $112,150          $2,857          $4,024
     5  27          $95,908           $118,129          $3,007          $4,179
     6  28          $100,960          $123,996          $3,124          $4,292
     7  29          $106,251          $130,129          $3,244          $4,414
     8  30          $111,803          $136,516          $3,364          $4,529
     9  31          $117,762          $143,358          $3,490          $4,656
    10  32          $124,024          $150,441          $3,607          $4,775
    11  33          $130,770          $158,018          $3,726          $4,892
    12  34          $137,736          $165,889          $3,855          $5,023
    13  35          $144,876          $173,898          $3,979          $5,148
    14  36          $152,157          $182,136          $4,116          $5,283
    15  37          $160,144          $191,018          $4,244          $5,410
    16  38          $149,407
    17    (4) Effective March thirty-first, two thousand twenty-two for officers
    18  and employees on the administrative payroll and effective April seventh,
    19  two  thousand twenty-two for officers and employees on the institutional
    20  payroll:
    21                            PS&T SALARY SCHEDULE
    22                      EFFECTIVE March 31, 2022 (ADMIN)
    23                       EFFECTIVE April 7, 2022 (INST)
    24              HIRING          JOB             ADVANCE       JOB RATE
    25  SG          RATE            RATE            AMOUNT        ADVANCE
    26  1           $25,234         $32,558         $1,048        $1,036
    27  2           $26,191         $33,878         $1,098        $1,099
    28  3           $27,474         $35,531         $1,152        $1,145
    29  4           $28,706         $37,184         $1,208        $1,230
    30  5           $30,067         $38,961         $1,271        $1,268
    31  6           $31,678         $41,018         $1,334        $1,336
    32  7           $33,456         $43,236         $1,388        $1,452
    33  8           $35,298         $45,518         $1,438        $1,592
    34  9           $37,265         $47,968         $1,490        $1,763
    35  10          $39,378         $50,628         $1,556        $1,914
    36  11          $41,634         $53,490         $1,657        $1,914
    37  12          $43,970         $56,324         $1,714        $2,070
    38  13          $46,529         $59,542         $1,782        $2,321
    39  14          $49,202         $62,806         $1,904        $2,180
    40  15          $51,986         $66,278         $1,974        $2,448
    41  16          $54,903         $69,882         $2,050        $2,679
    42  17          $57,984         $73,813         $2,148        $2,941
    43  18          $61,270         $77,912         $2,104        $4,018
    44  19          $64,589         $82,036         $2,191        $4,301
    45  20          $67,897         $86,140         $2,283        $4,545
    46  21          $71,496         $90,657         $2,383        $4,863
    47  22          $75,340         $95,392         $2,483        $5,154
    48  23          $79,325         $100,342        $2,586        $5,501
    49  24          $83,550         $105,472        $2,686        $5,806
    50  25          $88,161         $111,111        $2,800        $6,150
    51  26          $92,804         $114,393        $2,914        $4,105
    52  27          $97,826         $120,492        $3,067        $4,264
    53  28          $102,979        $126,476        $3,186        $4,381
    54  29          $108,376        $132,732        $3,309        $4,502
    55  30          $114,039        $139,246        $3,431        $4,621
    56  31          $120,117        $146,225        $3,559        $4,754
        S. 7232                             5

     1  32          $126,504        $153,450        $3,679        $4,872
     2  33          $133,385        $161,178        $3,800        $4,993
     3  34          $140,491        $169,207        $3,932        $5,124
     4  35          $147,774        $177,376        $4,059        $5,248
     5  36          $155,200        $185,779        $4,198        $5,391
     6  37          $163,347        $194,838        $4,329        $5,517
     7  38          $152,395
     8    §  2. Compensation for certain state officers and employees in collec-
     9  tive negotiating units. 1. The provisions of this section shall apply to
    10  annual-salaried officers and employees  in  the  collective  negotiating
    11  unit  designated  as the professional, scientific and technical services
    12  unit established pursuant to article 14 of the civil service law.
    13    2. Effective April fourth, two  thousand  nineteen  for  officers  and
    14  employees  on  the  administrative  payroll  and effective March twenty-
    15  eighth, two thousand nineteen for officers and employees on the institu-
    16  tional payroll, the basic annual salary of  officers  and  employees  in
    17  full-time  employment status on the day before such payroll period shall
    18  be increased by two percent adjusted to the nearest whole dollar amount.
    19    3. Effective April  second,  two  thousand  twenty  for  officers  and
    20  employees  on  the  administrative  payroll  and effective March twenty-
    21  sixth, two thousand twenty for officers and employees  on  the  institu-
    22  tional  payroll,  the  basic  annual salary of officers and employees in
    23  full-time employment status on the day before such payroll period  shall
    24  be increased by two percent adjusted to the nearest whole dollar amount.
    25    4.  Effective  April  first,  two thousand twenty-one for officers and
    26  employees on the administrative  payroll  and  effective  March  twenty-
    27  fifth,  two thousand twenty-one for officers and employees on the insti-
    28  tutional payroll, the basic annual salary of officers and  employees  in
    29  full-time employment status on the day before such payroll period  shall
    30  be increased by two percent adjusted to the nearest whole dollar amount.
    31    5.  Effective March thirty-first, two thousand twenty-two for officers
    32  and employees on the administrative payroll and effective April seventh,
    33  two thousand twenty-two for officers and employees on the  institutional
    34  payroll,  the basic annual salary of officers and employees in full-time
    35  employment status on the day before such  payroll  period    shall    be
    36  increased by two percent adjusted to the nearest whole dollar amount.
    37    6. Notwithstanding the provisions of subdivisions two, three, four and
    38  five  of  this  section,  if  the  basic  annual salary of an officer or
    39  employee to whom the provisions of this section apply is identical  with
    40  the  hiring rate or the job rate of the salary grade of his or her posi-
    41  tion on the effective dates of the increases provided in these  subdivi-
    42  sions, such basic annual salary shall be increased to the hiring rate or
    43  job  rate, respectively, of such salary grade as contained in the appro-
    44  priate salary schedules in subparagraphs 1, 2, 3 and 4 of paragraph c of
    45  subdivision 1 of section 130 of the  civil  service  law,  as  added  by
    46  section  one  of  this act, to take effect on the dates provided in such
    47  subparagraphs.  Except as herein provided to the contrary, the increases
    48  in basic annual salary provided by this subdivision shall be in lieu  of
    49  any  increase  in  basic annual salary provided for in subdivisions two,
    50  three, four and five of this section.
    51    7. Payments pursuant to the provisions of subdivision 6 of section 131
    52  of the civil service law for  annual  salaried  officers  and  employees
    53  entitled  to  such payments to whom the provisions of this section apply
    54  shall be payable in accordance with the terms of  an  agreement  reached
    55  pursuant to article 14 of the civil service law between the state and an
        S. 7232                             6

     1  employee  organization  representing employees subject to the provisions
     2  of this section.
     3    8.  If  an  unencumbered position is one which if encumbered, would be
     4  subject to the provisions of this section, the salary of  such  position
     5  shall  be  increased  by  the  salary increase amounts specified in this
     6  section.  If  a position is created, and filled by the appointment of an
     7  officer or employee who is subject to the provisions  of  this  section,
     8  the  salary  otherwise  provided for such position shall be increased in
     9  the same manner as though such position had been in existence but  unen-
    10  cumbered.   Notwithstanding the provisions of this section, the director
    11  of  the  budget  may  reduce the salary of any such position which is or
    12  becomes vacant.
    13    9. The increases in salary provided in subdivisions two,  three,  four
    14  and five of this section shall apply on a prorated basis to officers and
    15  employees,  otherwise eligible to receive an increase in salary, who are
    16  paid on an hourly or per diem basis, employees serving on a part-time or
    17  seasonal basis, and employees paid on any basis other than at an  annual
    18  salary  rate.  Notwithstanding the foregoing, the provisions of subdivi-
    19  sions six, seven and fourteen of this section shall not apply to employ-
    20  ees serving on a per diem or seasonal basis, except as determined by the
    21  director of the budget.
    22    10. In order to provide for the officers and employees  to  whom  this
    23  section  applies but are not allocated to salary grades, but are paid on
    24  an annual basis, increases and payments pursuant to  subdivisions  seven
    25  and  fourteen of this section in proportion to those provided to persons
    26  to whom this section applies who are allocated  to  salary  grades,  the
    27  director  of  the  budget  is  authorized to add appropriate adjustments
    28  and/or payments to the compensation which such  officers  and  employees
    29  are  otherwise  entitled  to receive.   The director of the budget shall
    30  issue certificates which shall contain schedules of  positions  and  the
    31  salaries  and/or  payments thereof for which adjustments and/or payments
    32  are made pursuant to the provisions of this subdivision, and a  copy  of
    33  each  such  certificate  shall  be filed with the state comptroller, the
    34  department of civil service, the chair of the senate  finance  committee
    35  and the chair of the assembly ways and means committee.
    36    11.   Notwithstanding   any  other  provision  of  this  section,  the
    37  provisions of this section shall not apply to officers or employees paid
    38  on a fee schedule basis, provided however, that the increases  in  basic
    39  annual  salary provided for in subdivisions two, three, four and five of
    40  this section shall apply to fire instructors  paid  on  a  fee  schedule
    41  basis  employed  by  the  division  of  homeland  security and emergency
    42  services.
    43    12. Notwithstanding any other provision of this section, except subdi-
    44  vision one, any increase in compensation for  any  officer  or  employee
    45  appointed  to  a lower graded position from a redeployment list pursuant
    46  to subdivision 1 of section 79 of the civil service law who continues to
    47  receive his or her former salary pursuant to such subdivision  shall  be
    48  determined on the basis of such lower graded position provided, however,
    49  that  the  increase  in  salary provided in this section shall not cause
    50  such officer's or employee's salary to exceed the job rate of such lower
    51  graded position.
    52    13. Notwithstanding any other provision of this section or any law  to
    53  the  contrary,  any increase in compensation may be withheld in whole or
    54  in part from any employee to whom the provisions  of  this  section  are
    55  applicable  when,  in  the opinion of the director of the budget and the
        S. 7232                             7
 
     1  director of employee relations, such increase is not warranted or is not
     2  appropriate for any reason.
     3    14. Notwithstanding any law, rule or regulation to the contrary, offi-
     4  cers  and  employees  to whom the provisions of this section apply shall
     5  receive performance awards in accordance with the terms of a collective-
     6  ly negotiated agreement between the state and the employee  organization
     7  representing  such  employees entered into pursuant to article 14 of the
     8  civil service law, effective for the period commencing April 2, 2019 and
     9  ending April 1, 2023, in  accordance  with  the  rules  and  regulations
    10  issued  by the director of the budget to implement payment of such nego-
    11  tiated performance awards.
    12    § 3. Location compensation for certain state officers  and  employees.
    13  Notwithstanding any inconsistent provisions of law, officers and employ-
    14  ees,  including  seasonal  officers  and employees who shall continue to
    15  receive the compensation provided for pursuant  to  this  section  on  a
    16  pro-rated  basis except part-time officers and employees, in the collec-
    17  tive negotiating unit designated as  the  professional,  scientific  and
    18  technical  services unit established pursuant to article 14 of the civil
    19  service law, whose principal place of employment or, in the  case  of  a
    20  field  employee, whose official station as determined in accordance with
    21  the regulations of the comptroller, is located: (a)  in  the  county  of
    22  Monroe  and who were eligible to receive location pay on March 31, 1985,
    23  shall receive location pay at the rate of two hundred dollars  per  year
    24  provided  they  continue to be otherwise eligible; or (b) in the city of
    25  New York, or in the county of Rockland, Westchester, Nassau  or  Suffolk
    26  shall  continue  to receive a downstate adjustment at the annual rate of
    27  three thousand twenty-six dollars effective April 1, 2011; or (c) in the
    28  county of Dutchess, Putnam or Orange shall continue to  receive  a  mid-
    29  Hudson  adjustment at the annual rate of one thousand five hundred thir-
    30  teen dollars effective April 1, 2011.  Such location payments  shall  be
    31  in  addition  to  and  shall not be a part of an officer's or employee's
    32  basic annual salary, and shall not  affect  or  impair  any  performance
    33  advancements or other rights or benefits to which an officer or employee
    34  may  be entitled by law, provided, however, that location payments shall
    35  be included as compensation for purposes of computation of overtime  pay
    36  and  for retirement purposes.  For the sole purpose of continuing eligi-
    37  bility for location pay in Monroe county, an officer or employee  previ-
    38  ously  eligible  to  receive location pay on March 31, 1985 who is on an
    39  approved leave of absence or participates  in  an  employer  program  to
    40  reduce  to  part-time  service during summer months shall continue to be
    41  eligible for said location pay upon return to full-time state service in
    42  Monroe county.
    43    § 4. Continuation of location compensation for  certain  officers  and
    44  employees  of  the  Hudson  Valley  developmental  disabilities services
    45  office. 1. Notwithstanding any law, rule or regulation to the  contrary,
    46  any  officer or employee of the Hudson Valley developmental disabilities
    47  services office represented in the collective  negotiating  unit  desig-
    48  nated  as  the professional, scientific and technical services unit, who
    49  is receiving location pay pursuant to section 5 of chapter  174  of  the
    50  laws  of  1993  shall  continue  to  receive such location pay under the
    51  conditions and at the rate specified by such section.
    52    2. Notwithstanding any law, rule or regulation to  the  contrary,  any
    53  officer  or  employee  of  the  Hudson Valley developmental disabilities
    54  services office represented in the collective  negotiating  unit  desig-
    55  nated  as  the professional, scientific and technical services unit, who
    56  is receiving location pay pursuant to subdivision  2  of  section  9  of
        S. 7232                             8
 
     1  chapter 315 of the laws of 1995 shall continue to receive such  location
     2  pay under the conditions and at the rates specified by such subdivision.
     3    3. Notwithstanding section three of this act or any other law, rule or
     4  regulation to the contrary, any officer or employee of the Hudson Valley
     5  developmental disabilities services office represented in the collective
     6  negotiating  unit designated as the professional, scientific and techni-
     7  cal services unit, who is receiving location  pay  pursuant  to  section
     8  three of this act shall continue to be eligible for such location pay if
     9  as  the  result of a reduction or redeployment of staff, such officer or
    10  employee is reassigned to  or  otherwise  appointed  or  promoted  to  a
    11  different  position  at  another  work location within the Hudson Valley
    12  developmental disabilities services office.  The rate of such  continued
    13  location  pay  shall  not  exceed  the  rate such officer or employee is
    14  receiving on the date of such reassignment, appointment or promotion.
    15    § 5. Special assignment to duty pay. Notwithstanding any  inconsistent
    16  provisions  of  law,  effective  April  2, 2019, where and to the extent
    17  that, an agreement  between  the  state  and  an  employee  organization
    18  entered  into  pursuant  to  article  14  of  the  civil  service law so
    19  provides, a special assignment to duty lump sum shall be paid each  year
    20  to  an  employee who is serving in a particular assignment deemed quali-
    21  fied pursuant to such agreement.   Such payment shall be  in  an  amount
    22  negotiated  for  those employees assigned to qualifying work assignments
    23  and who work such assignments for the minimum periods of time in a  year
    24  provided  in the negotiated agreement.  Assignment to duty pay shall not
    25  be paid in any year an employee does not meet the minimum period of time
    26  in such qualifying assignment required by the agreement or  upon  cessa-
    27  tion of the assignment to duty program on April 1, 2023 unless an exten-
    28  sion  is  negotiated  by the parties.  Such lump sum shall be considered
    29  salary only for final average salary retirement purposes.
    30    § 6. Long term seasonal employees.  Notwithstanding  any  inconsistent
    31  provisions  of  law,  effective  April  2, 2019, where and to the extent
    32  that, an agreement  between  the  state  and  an  employee  organization
    33  entered  into  pursuant  to  article  14  of  the  civil  service law so
    34  provides, a lump sum shall be paid each year to an employee who is serv-
    35  ing in a qualifying long term seasonal position.  Such payment shall  be
    36  in  an  amount negotiated and pursuant to negotiated qualifying criteria
    37  and shall be considered salary only for final average salary  retirement
    38  purposes.  Such benefit shall be available until March 31, 2023.
    39    §  7. Notwithstanding any inconsistent provisions of law, where and to
    40  the extent that an agreement between the state and an employee organiza-
    41  tion entered into pursuant to article 14 of the  civil  service  law  so
    42  provides  on  behalf  of  employees  in  the collective negotiating unit
    43  designated as the professional, scientific and technical  services  unit
    44  established  pursuant  to article 14 of the civil service law, the state
    45  shall contribute an amount designated in  such  agreement  and  for  the
    46  period  covered  by  such  agreement  to  the accounts of such employees
    47  enrolled for dependent care deductions  pursuant  to  subdivision  7  of
    48  section  201-a  of  the  state finance law.   Such amounts shall be from
    49  funds appropriated in this act and shall not be  part  of  basic  annual
    50  salary for overtime or retirement purposes.
    51    §  8. Notwithstanding any provision of law to the contrary, the appro-
    52  priations contained in this act shall be available to the state for  the
    53  payment  and  publication  of  grievance and arbitration settlements and
    54  awards pursuant to articles 33 and  34  of  the  collective  negotiating
    55  agreement  between  the state and the employee organization representing
    56  the collective negotiating unit designated as the  professional,  scien-
        S. 7232                             9
 
     1  tific  and technical services unit established pursuant to article 14 of
     2  the civil service law.
     3    §  9.  During  the  period  April 2, 2019 through April 1, 2023, there
     4  shall be a statewide labor-management committee continued  and  adminis-
     5  tered  pursuant  to  the  terms  of the agreement negotiated between the
     6  state and an employee organization representing employees in the collec-
     7  tive negotiating unit designated as  the  professional,  scientific  and
     8  technical services unit established pursuant to article 14 of the  civil
     9  service  law which shall after April 2, 2019, have the responsibility of
    10  studying, making recommendations concerning the major issues of  produc-
    11  tivity,  the  quality  of  work  life  and  implementing  the agreements
    12  reached.
    13    § 10. Inconvenience pay program. Pursuant to chapter 333 of  the  laws
    14  of  1969,  as amended, and an agreement negotiated between the state and
    15  an employee organization representing  employees  in  the  professional,
    16  scientific  and  technical services unit established pursuant to article
    17  14 of the civil service law, an eligible employee shall continue  to  be
    18  paid five hundred seventy-five dollars per year for working four or more
    19  hours  between  the  hours of 6:00 p.m. and 6:00 a.m. effective April 2,
    20  2011.
    21    § 11. Notwithstanding any provision of law to the contrary,  effective
    22  April  2,  2019,  where  and to the extent that an agreement between the
    23  state and an employee organization so provides for a program  concerning
    24  a  firearms  training  and  safety  incentive  for peace officers in the
    25  professional, scientific and technical services bargaining unit, a  lump
    26  sum  payment  for  such  incentive  shall  be paid for each year of such
    27  program to any employee who is deemed qualified pursuant to such  agree-
    28  ment.  Such payment shall be in an amount negotiated for those employees
    29  who meet criteria established by such program.  Such payment shall occur
    30  at  the time prescribed by such program or as soon as practicable there-
    31  after.  Such lump sum payment shall not be paid in any year an  employee
    32  does  not  meet  the qualifications and criteria of such program or upon
    33  cessation of such program on April 1, 2023 unless an extension is  nego-
    34  tiated by the parties.  Such lump sum payment shall be considered salary
    35  for overtime purposes.
    36    §  12. Notwithstanding any provision of law to the contrary, effective
    37  April 2, 2019, where and to the extent that  an  agreement  between  the
    38  state  and  an employee organization entered into pursuant to article 14
    39  of the civil service law so provides on behalf of certain  employees  in
    40  the  collective  negotiating unit designated as the professional, scien-
    41  tific and technical services unit,  and  where  there  exists  a  policy
    42  requiring  employees  in  the fire protection specialist title series at
    43  the office of fire prevention and control to wear uniforms, a  lump  sum
    44  uniform  allowance shall be paid to covered employees in accordance with
    45  the terms of such agreement and policy.  Such payments shall  be  in  an
    46  amount  negotiated  for  covered  employees and shall not be paid in any
    47  year where a policy does not exist requiring uniforms in accordance with
    48  the terms of the agreement or where an employee is not required to  wear
    49  a uniform or receives a regular uniform service.  Such uniform allowance
    50  will  cease to exist on April 1, 2023, unless an extension is negotiated
    51  by the parties.  Such lump sum shall be considered salary only for final
    52  average salary purposes.
    53    § 13. (a) Notwithstanding any provision of law  to  the  contrary,  as
    54  soon  as practicable after the ratification of the collective bargaining
    55  agreement, where and to the extent that an agreement between  the  state
    56  and  an  employee  organization so provides for a nurses uniform mainte-
        S. 7232                            10
 
     1  nance and cleaning allowance for the purpose of maintaining and cleaning
     2  their own nurses uniforms, such allowance  shall  be  paid  to  eligible
     3  full-time  annual  salaried employees in nursing titles. The payment for
     4  such  allowance  shall  be  a one-time lump sum payment in the amount of
     5  five hundred dollars but shall not be added to base  annual  salary  and
     6  shall not be considered salary for overtime nor retirement purposes. The
     7  payment  for  such  allowance shall be pro-rated for individuals who are
     8  less than full-time annual salaried.
     9    (b) Notwithstanding any provision of law to the contrary, employees in
    10  eligible titles who fall under the pilot  workers  compensation  program
    11  that  was collectively negotiated by the state and an employee organiza-
    12  tion shall be paid in accordance with the  terms  of  that  agreed  upon
    13  program.
    14    §  14.  The salary increases and benefit modifications provided for by
    15  this act for state employees in the collective negotiating  unit  desig-
    16  nated as the professional, scientific and technical services unit estab-
    17  lished  pursuant  to  article  14  of the civil service law shall not be
    18  implemented until the director of employee relations shall  have  deliv-
    19  ered to the director of the budget and the comptroller a letter certify-
    20  ing  that  there  is  in  effect with respect to such negotiating unit a
    21  collectively negotiated agreement, ratified  by  the  membership,  which
    22  provides  for  such  increases  and  modifications  and  which are fully
    23  executed in writing with the state pursuant to article 14 of  the  civil
    24  service law.
    25    §  15.  Date  of  entitlement to salary increases. Notwithstanding the
    26  provisions of this act or of any other provision of law to the contrary,
    27  the increases in salary or compensation to employees  provided  by  this
    28  act  shall  be  added to the salary of such employee at the beginning of
    29  that payroll period, the first day of which is nearest to the  effective
    30  dates  of such increases as provided in this act, or at the beginning of
    31  the earlier of two payroll periods, the first days of which are  nearest
    32  but equally near to the effective dates of such increases as provided in
    33  this  act;  provided, however, that, for the purposes of determining the
    34  salary  of  such  unit  members  upon  reclassification,   reallocation,
    35  appointment,  promotion,  transfer,  demotion,  reinstatement,  or other
    36  change of status, such salary increases shall be deemed to be  effective
    37  on  the  dates  thereof  as prescribed by this act, with payment thereof
    38  pursuant to this section on a date prior thereto,  instead  of  on  such
    39  effective  dates,  and shall not operate to confer any additional salary
    40  rights or benefits on  such  unit  members.    Payment  of  such  salary
    41  increases may be deferred pursuant to section sixteen of this act.
    42    §  16.  Deferred  payment  of  salary  increase.   Notwithstanding the
    43  provisions of any other section of this act or any  other  provision  of
    44  law  to  the contrary, pending payment pursuant to this act of the basic
    45  annual salaries of incumbents of positions subject  to  this  act,  such
    46  incumbents shall receive, as partial compensation for services rendered,
    47  the  rate  of  salary  and other compensation otherwise payable in their
    48  respective positions.  An incumbent holding a position subject  to  this
    49  act  at  any  time  during the period from April 1, 2019, until the time
    50  when basic annual salaries and other compensation  due  are  first  paid
    51  pursuant to this act for such services in excess of the salary and other
    52  compensation actually received therefor, shall be entitled to a lump sum
    53  payment  for the difference between the salary and other compensation to
    54  which such incumbent is entitled for such services and  the  salary  and
    55  other  compensation actually received pursuant to the terms of an agree-
        S. 7232                            11
 
     1  ment between the state and the employee  organization  representing  the
     2  employees covered by this act.
     3    §  17.  Use  of  appropriations.  Notwithstanding any provision of the
     4  state finance law or any other provision of law  to  the  contrary,  the
     5  state  comptroller  is authorized to pay any amounts required during the
     6  fiscal year commencing April 1, 2019, April 1, 2020 or April 1, 2021, by
     7  the provisions of this act for any state department or agency  from  any
     8  appropriation or other funds available to such state department or agen-
     9  cy  for  personal  service or for other related employee benefits during
    10  such fiscal year. To the extent that such  appropriations  are  insuffi-
    11  cient  in  any  fund  to  accomplish  the purposes herein set forth, the
    12  director of the budget is authorized to allocate to the various  depart-
    13  ments  and  agencies, from any appropriations available in any fund, the
    14  amounts necessary to pay such amounts. The aforementioned appropriations
    15  shall be  available  for  payment  of  any  liabilities  or  obligations
    16  incurred  prior  to  April  1,  2019, April 1, 2020 or April 1, 2021, in
    17  addition to current liabilities.
    18    § 18. Effect of participation in special annuity program.  No  officer
    19  or  employee  participating in a special annuity program pursuant to the
    20  provisions of article 8-C of the education law shall, by  reason  of  an
    21  increase  in  compensation pursuant to this act, suffer any reduction of
    22  the salary adjustment to which he or she would otherwise be entitled  by
    23  reason  of  participation  in  such  program, and such salary adjustment
    24  shall be based upon the salary  of  such  officer  or  employee  without
    25  regard to the reduction authorized by such article.
    26    §  19.  Notwithstanding  any provision of the state finance law or any
    27  other provision of law to the contrary, the sum of $746,248,000 is here-
    28  by appropriated in the general fund/state purposes  account  (10050)  in
    29  miscellaneous-all    state   departments   and   agencies   solely   for
    30  apportionment/transfer by the director of the  budget  for  use  by  any
    31  state  department  or  agency  in  any fund for the period April 1, 2019
    32  through  March  31,  2022  to  supplement  appropriations  for  personal
    33  service,  other  than personal service and fringe benefits, and to carry
    34  out the provisions of this act.  No money shall be available for expend-
    35  iture from this appropriation until a certificate of approval  has  been
    36  issued  by  the director of the budget and a copy of such certificate or
    37  any amendment thereto has been filed with  the  state  comptroller,  the
    38  chair of the senate finance committee and the chair of the assembly ways
    39  and  means  committee.  The monies hereby appropriated are available for
    40  payment of any liabilities or obligations incurred prior  to  or  during
    41  the  period April 1, 2019 through March 31, 2022.  For this purpose, the
    42  monies appropriated shall remain  in  full  force  and  effect  for  the
    43  payment of liabilities incurred on or before March 31, 2022.
    44    § 20. The several amounts as hereinafter set forth, or so much thereof
    45  as may be necessary, are hereby appropriated from the fund so designated
    46  for  use  by  any  state  department or agency for the period commencing
    47  April 1, 2019 through March 31, 2022 to supplement  appropriations  from
    48  each  respective  fund  available  for  other  than personal service and
    49  fringe benefits, and to carry out the provisions of this act. The monies
    50  hereby appropriated are available for  payment  of  any  liabilities  or
    51  obligations  incurred  prior to or during the period commencing April 1,
    52  2019 through March 31, 2022. No money shall be available for expenditure
    53  from the monies appropriated until a certificate of  approval  has  been
    54  issued  by  the director of the budget and a copy of such certificate or
    55  any amendment thereto has been filed with  the  state  comptroller,  the
        S. 7232                            12
 
     1  chair of the senate finance committee and the chair of the assembly ways
     2  and means committee.
 
     3    MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES LABOR MANAGEMENT
     4                                 COMMITTEES
 
     5  General Fund/State Operations State Purposes Account - 10050
     6  Professional, Scientific and Technical Services Unit
 
     7  Professional  development  and  quality  of  working  life
     8    committee.................................................. $1,388,000
     9  Health and Safety ............................. $1,802,000
    10  PSTP Program ................................. $14,740,000
    11  Joint Funded Programs ......................... $2,568,000
    12  Multi-Funded Programs ......................... $2,512,000
    13  Professional Development for Nurses ........... $1,310,000
    14  Property Damage .................................. $54,000
    15  Work-Life Services ............................ $6,050,000
    16  Joint Committee on Health Benefits ............ $1,310,000
    17  Contract Administration .......................... $50,000
 
    18    § 21. This act shall take effect immediately  and  shall
    19  be  deemed  to  have  been in full force and effect on and
    20  after April 2, 2019.   Appropriations  made  by  this  act
    21  shall  remain  in  full  force  and effect for liabilities
    22  incurred through March 31, 2022.
    23    ------------------------------------------------------------------------
    24    REPEAL  NOTE.--Subparagraphs 1, 2 and 3 of  paragraph  c
    25  of  subdivision 1 of section 130 of the civil service law,
    26  repealed by section one of this  act,  provided  a  salary
    27  schedule  for  state employees in the professional, scien-
    28  tific and technical  services  unit  and  is  replaced  by
    29  revised  salary schedules in new subparagraphs 1, 2, 3 and
    30  4.