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S07715 Summary:

S07715 Actions:

S07715 Committee Votes:

S07715 Floor Votes:

S07715 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7715
 
                    IN SENATE
 
                                    February 12, 2018
                                       ___________
 
        Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
          istration) -- read twice and ordered printed, and when printed  to  be
          committed to the Committee on Finance
 
        AN  ACT  in  relation  to  terms and conditions of employment of certain
          nonjudicial officers and employees of the unified court system
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. Legislative findings. The legislature finds that a collec-
     2  tive bargaining agreement has  been  negotiated  by  the  unified  court
     3  system  with  an employee organization representing nonjudicial officers
     4  and employees in the New York City court clerks  negotiating  unit.  The
     5  purpose of this act is to implement this agreement and any other collec-
     6  tive bargaining agreement negotiated by the unified court system with an
     7  employee  organization where, pursuant to section three of this act, the
     8  chief administrator of the courts has delivered  a  certificate  to  the
     9  comptroller that such collective bargaining agreement is in effect.
    10    §  2.  Annual  maintenance  allowance.  Each  nonjudicial  officer and
    11  employee of the unit who is required by the unified court system to wear
    12  an employer-approved blazer while performing the duties of  his  or  her
    13  position shall be entitled to receive an annual maintenance allowance in
    14  an amount, as follows:
    15    (a) for the fiscal year commencing April 1, 2018, $925;
    16    (b) for the fiscal year commencing April 1, 2019, $1,000;
    17    (c) for the fiscal year commencing April 1, 2020, $1,200.
    18    Annual  maintenance allowances as provided in this section shall be in
    19  addition to and shall not be a part of an employee's basic annual  sala-
    20  ry;  provided,  however,  they  shall  be  included  as compensation for
    21  retirement purposes.
    22    § 3. Application of this act to nonjudicial officers and employees  of
    23  the unified court system in other negotiating units. In the event that a
    24  collective  bargaining  agreement  is  negotiated  by  the unified court
    25  system pursuant to article fourteen of the civil  service  law  with  an
    26  employee organization representing nonjudicial officers and employees of
    27  the  unified  court system in a negotiating unit other than the New York
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14481-01-8
        S. 7715                             2
 
     1  City court clerks negotiating  unit,  the  chief  administrator  of  the
     2  courts,  with the agreement of such employee organization, shall deliver
     3  to the comptroller a certificate that such collective bargaining  agree-
     4  ment  is  in  effect where the provisions of section two of this act are
     5  provided for therein.
     6    § 4. Collective  bargaining  agreement  required.  The  provisions  of
     7  section  two  of this act shall not be implemented for nonjudicial offi-
     8  cers and employees in a collective negotiating unit established pursuant
     9  to article fourteen of the civil service law until the chief administra-
    10  tor of the courts shall deliver to the comptroller  a  certificate  that
    11  there  is  in  effect  with  respect  to such negotiating unit a written
    12  collective bargaining agreement with the state pursuant to article four-
    13  teen of the civil service law which provides therefor; and any  increase
    14  in compensation provided by section two of this act or otherwise author-
    15  ized  by law, shall not preclude any other increases in compensation for
    16  such a nonjudicial officer or employee as may be authorized by law.
    17    §  5.  Deferred  payment  of  salary  increase.  Notwithstanding   the
    18  provisions  of  this act or any other law, commencing April 1, 2017, and
    19  pending payment pursuant to law of the basic annual salaries  of  incum-
    20  bents  of  positions  subject to this act commencing April 1, 2017, such
    21  incumbents shall receive, as partial compensation for services rendered,
    22  the rate of compensation otherwise payable in their respective positions
    23  pursuant to law then in effect. An incumbent holding a position  subject
    24  to  this  act at any time during the period from April 1, 2017 until the
    25  time when basic annual salaries are first paid pursuant to this act  for
    26  such  service  in  excess of the compensation actually received therefor
    27  shall be entitled to a lump sum payment for the difference  between  the
    28  salary  to  which  such  incumbent  is entitled for such service and the
    29  compensation actually received therefor. Such lump sum payment shall  be
    30  made as soon as practicable, except that such lump sum payment shall not
    31  be  made, nor shall any lump sum payment pursuant to any other provision
    32  of law be made to any employee or former employee serving in a  position
    33  in the New York City court clerks negotiating unit between April 1, 2014
    34  and  April  1,  2017  on account of service in such position, unless the
    35  legislature has appropriated twenty-eight million dollars to the  admin-
    36  istrative  office  of the courts for the express purpose of funding such
    37  lump sum payments, as provided in section six of this act or some  other
    38  provision of law.
    39    §  6.  The sum of twenty-eight million dollars ($28,000,000) is hereby
    40  appropriated out of any moneys in the state treasury in the general fund
    41  to the credit of the state purposes account, not otherwise appropriated,
    42  and made immediately available  to  the  administrative  office  of  the
    43  courts for payment pursuant to this act of the costs and expenses there-
    44  under necessary during the 2017-18 state fiscal year, including lump sum
    45  payments  due  employees pursuant to section five of this act on account
    46  of service during a state fiscal year prior to the 2017-18 fiscal  year;
    47  provided,  however,  where  provisions  of law require expenditures that
    48  must be paid from appropriations from funds of the state other than  the
    49  general  fund  or that, by established administrative practice, are paid
    50  from such funds, the chief administrator of the courts shall so  certify
    51  to  the  comptroller,  and  thereupon the appropriation provided in this
    52  section shall be available for such expenditures.
    53    § 7. This act shall take effect immediately and  shall  be  deemed  to
    54  have been in full force and effect on and after April 1, 2017.