S08070 Summary:

BILL NOS08070
 
SAME ASSAME AS A10653
 
SPONSORAMEDORE
 
COSPNSRBRESLIN
 
MLTSPNSR
 
Rpld §130 sub 1 ¶c sub¶¶ 1 & 2, amd §130, Civ Serv L
 
Relates to compensation, benefits and other terms and conditions of employment for certain state officers and employees; makes an appropriation therefor.
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S08070 Actions:

BILL NOS08070
 
06/09/2016REFERRED TO RULES
06/14/2016ORDERED TO THIRD READING CAL.1714
06/14/2016PASSED SENATE
06/14/2016DELIVERED TO ASSEMBLY
06/14/2016referred to governmental employees
06/16/2016substituted for a10653
06/16/2016ordered to third reading rules cal.472
06/16/2016passed assembly
06/16/2016returned to senate
07/13/2016DELIVERED TO GOVERNOR
07/21/2016SIGNED CHAP.233
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S08070 Committee Votes:

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S08070 Floor Votes:

DATE:06/16/2016Assembly Vote  YEA/NAY: 142/0
Yes
Abbate
Yes
Crespo
Yes
Gottfried
Yes
Lopez
Yes
Palumbo
Yes
Simon
Yes
Abinanti
Yes
Crouch
Yes
Graf
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Arroyo
Yes
Curran
Yes
Gunther
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Harris
Yes
Magee
Yes
Perry
Yes
Skoufis
Yes
Barclay
Yes
Cymbrowitz
Yes
Hawley
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Barrett
Yes
Davila
Yes
Hevesi
Yes
Malliotakis
Yes
Pretlow
Yes
Stec
Yes
Barron
Yes
DenDekker
Yes
Hikind
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
Mayer
Yes
Ra
Yes
Stirpe
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonald
Yes
Raia
Yes
Tedisco
Yes
Blake
ER
DiPietro
Yes
Hyndman
Yes
McDonough
Yes
Ramos
Yes
Tenney
Yes
Blankenbush
Yes
Duprey
Yes
Jaffee
Yes
McKevitt
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
McLaughlin
Yes
Rivera
Yes
Titone
Yes
Braunstein
Yes
Fahy
Yes
Johns
Yes
Miller
Yes
Robinson
Yes
Titus
ER
Brennan
Yes
Farrell
Yes
Joyner
Yes
Montesano
Yes
Rodriguez
Yes
Walker
Yes
Brindisi
ER
Finch
ER
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Walter
Yes
Bronson
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Buchwald
Yes
Friend
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Butler
Yes
Galef
ER
Kim
Yes
Murray
Yes
Ryan
Yes
Williams
Yes
Cahill
Yes
Gantt
Yes
Kolb
Yes
Nojay
Yes
Saladino
Yes
Woerner
Yes
Cancel
Yes
Garbarino
Yes
Lalor
Yes
Nolan
Yes
Santabarbara
Yes
Wozniak
Yes
Castorina
Yes
Giglio
Yes
Lavine
Yes
Oaks
Yes
Schimel
ER
Wright
Yes
Ceretto
Yes
Gjonaj
Yes
Lawrence
Yes
O'Donnell
Yes
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Glick
Yes
Lentol
Yes
Ortiz
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
Yes
Goldfeder
Yes
Lifton
Yes
Otis
Yes
Sepulveda
Yes
Corwin
Yes
Goodell
Yes
Linares
Yes
Palmesano
Yes
Simanowitz

‡ Indicates voting via videoconference
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S08070 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8070
 
                    IN SENATE
 
                                      June 9, 2016
                                       ___________
 
        Introduced by Sen. AMEDORE -- (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  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 and 2 of paragraph c of  subdivision  1  of
     2  section 130 of the civil service law are REPEALED and a new subparagraph
     3  1 is added to read as follows:
     4    (1)  Effective  March  twenty-sixth, two thousand fifteen for officers
     5  and employees on the administrative payroll and effective April  second,
     6  two  thousand  fifteen  for  officers and employees on the institutional
     7  payroll:
     8                             PEF SALARY SCHEDULE
     9                      EFFECTIVE March 26, 2015 (ADMIN)
    10                       EFFECTIVE April 2, 2015 (INST)
    11                HIRING            JOB             ADVANCE         JOB RATE
    12  SG             RATE             RATE            AMOUNT          ADVANCE
    13  1            $21,968           $28,350           $912            $910
    14  2            $22,801           $29,492           $956            $955
    15  3            $23,917           $30,932          $1,003           $997
    16  4            $24,990           $32,373          $1,052          $1,071
    17  5            $26,174           $33,915          $1,107          $1,099
    18  6            $27,577           $35,704          $1,161          $1,161
    19  7            $29,125           $37,636          $1,209          $1,257
    20  8            $30,729           $39,626          $1,251          $1,391
    21  9            $32,441           $41,756          $1,297          $1,533
    22  10           $34,281           $44,077          $1,354          $1,672
    23  11           $36,246           $46,573          $1,443          $1,669
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12066-01-6

        S. 8070                             2
 
     1  12           $38,278           $49,041          $1,492          $1,811
     2  13           $40,507           $51,830          $1,552          $2,011
     3  14           $42,833           $54,678          $1,658          $1,897
     4  15           $45,257           $57,697          $1,719          $2,126
     5  16           $47,796           $60,834          $1,785          $2,328
     6  17           $50,478           $64,260          $1,870          $2,562
     7  18           $53,339           $67,827          $1,832          $3,496
     8  19           $56,229           $71,412          $1,908          $3,735
     9  20           $59,108           $74,986          $1,988          $3,950
    10  21           $62,242           $78,922          $2,075          $4,230
    11  22           $65,588           $83,044          $2,162          $4,484
    12  23           $69,057           $87,351          $2,251          $4,788
    13  24           $72,735           $91,821          $2,338          $5,058
    14  25           $76,748           $96,732          $2,438          $5,356
    15  26           $80,791           $99,585          $2,537          $3,572
    16  27           $85,163          $104,895          $2,671          $3,706
    17  28           $89,649          $110,105          $2,774          $3,812
    18  29           $94,348          $115,551          $2,881          $3,917
    19  30           $99,278          $121,223          $2,987          $4,023
    20  31          $104,570          $127,297          $3,099          $4,133
    21  32          $110,129          $133,587          $3,203          $4,240
    22  33          $116,120          $140,316          $3,308          $4,348
    23  34          $122,305          $147,305          $3,423          $4,462
    24  35          $128,646          $154,417          $3,533          $4,573
    25  36          $135,112          $161,732          $3,655          $4,690
    26  37          $142,203          $169,620          $3,768          $4,809
    27  38          $132,669
    28    §  2. Compensation for certain state officers and employees in collec-
    29  tive negotiating units. 1. The provisions of this section shall apply to
    30  full-time officers and employees  in  the  collective  negotiating  unit
    31  designated  as  the professional, scientific and technical services unit
    32  established pursuant to article 14 of the civil service law.
    33    2. Effective March 26, 2015 for officers and employees on the adminis-
    34  trative payroll and effective April 2, 2015 for officers  and  employees
    35  on  the  institutional  payroll, the basic annual salary of officers and
    36  employees in full-time employment status on the day before such  payroll
    37  period  shall  be increased by two percent adjusted to the nearest whole
    38  dollar amount.
    39    3. Notwithstanding the provisions of subdivision two of this  section,
    40  if  the  basic  annual  salary  of  an  officer  or employee to whom the
    41  provisions of this section apply is identical with the  hiring  rate  or
    42  the job rate of the salary grade of his or her position on the effective
    43  date  of  the  increase  provided in this subdivision, such basic annual
    44  salary shall be increased to the hiring rate or job rate,  respectively,
    45  of  such salary grade as contained in the appropriate salary schedule in
    46  subparagraph 1 of paragraph c of subdivision 1 of  section  130  of  the
    47  civil  service  law, as added by section one of this act, to take effect
    48  on the dates provided in such subparagraph.  Except as  herein  provided
    49  to  the  contrary,  the increase in basic annual salary provided by this
    50  subdivision shall be in lieu of any  increase  in  basic  annual  salary
    51  provided for in subdivision two of this section.
    52    4. Payments pursuant to the provisions of subdivision 6 of section 131
    53  of  the  civil  service  law  for annual salaried officers and employees
    54  entitled to such payments to whom the provisions of this  section  apply
    55  shall  be  payable  in accordance with the terms of an agreement reached
    56  pursuant to article 14 of the civil service law between the state and an

        S. 8070                             3
 
     1  employee organization representing employees subject to  the  provisions
     2  of this section.
     3    5.  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    6. The increase in salary provided in subdivision two of this  section
    14  shall  apply  on  a  prorated basis to officers and employees, otherwise
    15  eligible to receive an increase in salary, who are paid on an hourly  or
    16  per  diem basis, employees serving on a part-time or seasonal basis, and
    17  employees paid on any  basis  other  than  at  an  annual  salary  rate.
    18  Notwithstanding  the foregoing, the provisions of subdivisions three and
    19  four of this section shall not apply to employees serving on an  hourly,
    20  per diem, or seasonal basis, except as determined by the director of the
    21  budget.
    22    7.  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 4 and
    25  11 of this section in proportion to those provided to  persons  to  whom
    26  this section applies who are allocated to salary grades, the director of
    27  the  budget is authorized to add appropriate adjustments and/or payments
    28  to the compensation which such  officers  and  employees  are  otherwise
    29  entitled to receive. The director of the budget shall issue certificates
    30  which  shall  contain  schedules  of  positions  and the salaries and/or
    31  payments thereof for which adjustments and/or payments are made pursuant
    32  to the provisions of this subdivision, and a copy of each  such  certif-
    33  icate shall be filed with the state comptroller, the department of civil
    34  service,  the chair of the senate finance committee and the chair of the
    35  assembly ways and means committee.
    36    8. Notwithstanding any other provision of this section, the provisions
    37  of this section shall not apply to officers or employees paid on  a  fee
    38  schedule  basis,  provided  however,  that  the increase in basic annual
    39  salary provided for in subdivision two of this section  shall  apply  to
    40  fire  instructors  paid on a fee schedule basis employed by the division
    41  of homeland security and emergency services.
    42    9. Notwithstanding any other provision of this section, except  subdi-
    43  vision  one,  any  increase  in compensation for any officer or employee
    44  appointed to a lower graded position from a redeployment  list  pursuant
    45  to subdivision 1 of section 79 of the civil service law who continues to
    46  receive  his  or her former salary pursuant to such subdivision shall be
    47  determined on the basis of such lower graded position provided, however,
    48  that the increase in salary provided in this  section  shall  not  cause
    49  such officer's or employee's salary to exceed the job rate of such lower
    50  graded position.
    51    10.  Notwithstanding any other provision of this section or any law to
    52  the contrary, any increase in compensation may be withheld in  whole  or
    53  in  part  from  any  employee to whom the provisions of this section are
    54  applicable when, in the opinion of the director of the  budget  and  the
    55  director of employee relations, such increase is not warranted or is not
    56  appropriate for any reason.

        S. 8070                             4
 
     1    11. Notwithstanding any law, rule or regulation to the contrary, offi-
     2  cers  and  employees  to whom the provisions of this section apply shall
     3  receive performance awards in accordance with the terms of a collective-
     4  ly negotiated agreement between the state and the employee  organization
     5  representing  such  employees entered into pursuant to article 14 of the
     6  civil service law, effective for the period commencing April 2, 2015 and
     7  ending April 1, 2016, in  accordance  with  the  rules  and  regulations
     8  issued  by the director of the budget to implement payment of such nego-
     9  tiated performance awards.
    10    § 3. Location compensation for certain state officers  and  employees.
    11  Notwithstanding any inconsistent provisions of law, officers and employ-
    12  ees,  including  seasonal  officers  and employees who shall receive the
    13  compensation provided for pursuant to this section on a pro-rated  basis
    14  except  part-time  officers and employees, in the collective negotiating
    15  unit designated as the professional, scientific and  technical  services
    16  unit  established pursuant to article 14 of the civil service law, whose
    17  principal place of employment or, in the case of a field employee, whose
    18  official station as determined in accordance with the regulations of the
    19  comptroller, is located: 1. in the county of Monroe and who were  eligi-
    20  ble  to  receive  location pay on March 31, 1985, shall receive location
    21  pay at the rate of two hundred dollars per year provided  they  continue
    22  to be otherwise eligible; or 2. in the city of New York, or in the coun-
    23  ty of Rockland, Westchester, Nassau or Suffolk shall continue to receive
    24  a  downstate  adjustment at the annual rate of three thousand twenty-six
    25  dollars effective April 1, 2011; or 3. in the county of Dutchess, Putnam
    26  or Orange shall continue to receive a mid-Hudson adjustment at the annu-
    27  al rate of one thousand five hundred thirteen dollars effective April 1,
    28  2011. Such location payments shall be in addition to and shall not be  a
    29  part  of  an  officer's or employee's basic annual salary, and shall not
    30  affect or impair any performance advancements or other rights  or  bene-
    31  fits  to  which an officer or employee may be entitled by law, provided,
    32  however, that location payments shall be included  as  compensation  for
    33  purposes of computation of overtime pay and for retirement purposes. For
    34  the  sole  purpose  of continuing eligibility for location pay in Monroe
    35  county, an officer or employee previously eligible to  receive  location
    36  pay  on March 31, 1985 who is on an approved leave of absence or partic-
    37  ipates in an employer program to  reduce  to  part-time  service  during
    38  summer  months  shall continue to be eligible for said location pay upon
    39  return to full-time state service in Monroe county.
    40    § 4. Continuation of location compensation for  certain  officers  and
    41  employees  of  the  Hudson  Valley  developmental  disabilities services
    42  office. 1.  Notwithstanding any law, rule or regulation to the contrary,
    43  any officer or employee of the Hudson Valley developmental  disabilities
    44  services  office  represented  in the collective negotiating unit desig-
    45  nated as the professional, scientific and technical services  unit,  who
    46  is  receiving  location  pay pursuant to section 5 of chapter 174 of the
    47  laws of 1993 shall continue to  receive  such  location  pay  under  the
    48  conditions and at the rate specified by such section.
    49    2.  Notwithstanding  any  law, rule or regulation to the contrary, any
    50  officer or employee of  the  Hudson  Valley  developmental  disabilities
    51  services  office  represented  in the collective negotiating unit desig-
    52  nated as the professional, scientific and technical services  unit,  who
    53  is  receiving  location  pay  pursuant  to subdivision 2 of section 9 of
    54  chapter 315 of the laws of 1995 shall continue to receive such  location
    55  pay under the conditions and at the rates specified by such subdivision.

        S. 8070                             5
 
     1    3. Notwithstanding section three of this act or any other law, rule or
     2  regulation to the contrary, any officer or employee of the Hudson Valley
     3  developmental disabilities services office represented in the collective
     4  negotiating  unit designated as the professional, scientific and techni-
     5  cal  services  unit,  who  is receiving location pay pursuant to section
     6  three of this act shall continue to be eligible for such location pay if
     7  as the result of a reduction or redeployment of staff, such  officer  or
     8  employee  is  reassigned  to  or  otherwise  appointed  or promoted to a
     9  different position at another work location  within  the  Hudson  Valley
    10  developmental  disabilities  services office. The rate of such continued
    11  location pay shall not exceed the  rate  such  officer  or  employee  is
    12  receiving on the date of such reassignment, appointment or promotion.
    13    §  5. Special assignment to duty pay. Notwithstanding any inconsistent
    14  provisions of law, effective April 2, 2015,  where  and  to  the  extent
    15  that,  an  agreement  between  the  state  and  an employee organization
    16  entered into pursuant  to  article  14  of  the  civil  service  law  so
    17  provides,  a special assignment to duty lump sum shall be paid each year
    18  to an employee who is serving in a particular assignment  deemed  quali-
    19  fied  pursuant  to  such  agreement.  Such payment shall be in an amount
    20  negotiated for those employees assigned to qualifying  work  assignments
    21  and  who work such assignments for the minimum periods of time in a year
    22  provided in the negotiated agreement. Assignment to duty pay  shall  not
    23  be paid in any year an employee does not meet the minimum period of time
    24  in  such  qualifying assignment required by the agreement or upon cessa-
    25  tion of the assignment to duty program on April 1, 2016 unless an exten-
    26  sion is negotiated by the parties. Such lump  sum  shall  be  considered
    27  salary only for final average salary retirement purposes.
    28    §  6.  Long  term seasonal employees. Notwithstanding any inconsistent
    29  provisions of law, effective April 2, 2015,  where  and  to  the  extent
    30  that,  an  agreement  between  the  state  and  an employee organization
    31  entered into pursuant  to  article  14  of  the  civil  service  law  so
    32  provides, a lump sum shall be paid each year to an employee who is serv-
    33  ing  in  a qualifying long term seasonal position. Such payment shall be
    34  in an amount negotiated and pursuant to negotiated  qualifying  criteria
    35  and  shall be considered salary only for final average salary retirement
    36  purposes. Such benefit shall be available until March 31, 2016.
    37    § 7. Notwithstanding any inconsistent provisions of law, where and  to
    38  the extent that an agreement between the state and an employee organiza-
    39  tion  entered  into  pursuant  to article 14 of the civil service law so
    40  provides on behalf of  employees  in  the  collective  negotiating  unit
    41  designated  as  the professional, scientific and technical services unit
    42  established pursuant to article 14 of the civil service law,  the  state
    43  shall  contribute  an  amount  designated  in such agreement and for the
    44  period covered by such agreement  to  the  accounts  of  such  employees
    45  enrolled  for  dependent  care  deductions  pursuant to subdivision 7 of
    46  section 201-a of the state finance law. Such amounts shall be from funds
    47  appropriated in this act and shall not be part of  basic  annual  salary
    48  for overtime or retirement purposes.
    49    §  8. Notwithstanding any provision of law to the contrary, the appro-
    50  priations contained in this act shall be available to the state for  the
    51  payment  and  publication  of  grievance and arbitration settlements and
    52  awards pursuant to articles 33 and  34  of  the  collective  negotiating
    53  agreement  between  the state and the employee organization representing
    54  the collective negotiating unit designated as the  professional,  scien-
    55  tific  and technical services unit established pursuant to article 14 of
    56  the civil service law.

        S. 8070                             6
 
     1    § 9. During the period April 2, 2015  through  April  1,  2016,  there
     2  shall  be  a statewide labor-management committee continued and adminis-
     3  tered pursuant to the terms of  the  agreement  negotiated  between  the
     4  state and an employee organization representing employees in the collec-
     5  tive  negotiating  unit  designated  as the professional, scientific and
     6  technical services unit established pursuant to article 14 of the  civil
     7  service  law which shall after April 2, 2015, have the responsibility of
     8  studying, making recommendations concerning the major issues of  produc-
     9  tivity,  the  quality  of  work  life  and  implementing  the agreements
    10  reached.
    11    § 10. Inconvenience pay program. Pursuant to chapter 333 of  the  laws
    12  of  1969,  as amended, and an agreement negotiated between the state and
    13  an employee organization representing  employees  in  the  professional,
    14  scientific  and  technical services unit established pursuant to article
    15  14 of the civil service law, an eligible employee shall continue  to  be
    16  paid five hundred seventy-five dollars per year for working four or more
    17  hours  between  the  hours of 6:00 p.m. and 6:00 a.m. effective April 2,
    18  2011.
    19    § 11. Notwithstanding any provision of law to the contrary,  effective
    20  April  2,  2015,  where  and to the extent that an agreement between the
    21  state and an employee organization  so  provides  for  a  pilot  program
    22  concerning  a  firearms training and safety incentive for peace officers
    23  in the professional, scientific and technical services bargaining  unit,
    24  a  lump  sum  payment  for such incentive shall be paid for each year of
    25  such pilot program to any employee who is deemed qualified  pursuant  to
    26  such  agreement. Such payment shall be in an amount negotiated for those
    27  employees who meet criteria established  by  such  pilot  program.  Such
    28  payment  shall  occur at the time prescribed by such pilot program or as
    29  soon as practicable thereafter. Such lump sum payment shall not be  paid
    30  in any year an employee does not meet the qualifications and criteria of
    31  such  pilot  program or upon cessation of such pilot program on April 1,
    32  2016 unless an extension is negotiated by the  parties.  Such  lump  sum
    33  payment shall be considered salary for overtime purposes.
    34    §  12. Notwithstanding any provision of law to the contrary, effective
    35  April 2, 2015, where and to the extent that  an  agreement  between  the
    36  state  and  an employee organization entered into pursuant to article 14
    37  of the civil service law so provides on behalf of certain  employees  in
    38  the  collective  negotiating unit designated as the professional, scien-
    39  tific and technical services unit,  and  where  there  exists  a  policy
    40  requiring  employees  in  the fire protection specialist title series at
    41  the office of fire prevention and control to wear uniforms, a  lump  sum
    42  uniform  allowance shall be paid to covered employees in accordance with
    43  the terms of such agreement and policy. Such payments  shall  be  in  an
    44  amount  negotiated  for  covered  employees and shall not be paid in any
    45  year where a policy does not exist requiring uniforms in accordance with
    46  the terms of the agreement or where an employee is not required to  wear
    47  a  uniform or receives a regular uniform service. Such uniform allowance
    48  will cease to exist on April 1, 2016, unless an extension is  negotiated
    49  by  the parties. Such lump sum shall be considered salary only for final
    50  average salary purposes.
    51    § 13. The salary increases and benefit modifications provided  for  by
    52  this  act  for state employees in the collective negotiating unit desig-
    53  nated as the professional, scientific and technical services unit estab-
    54  lished pursuant to article 14 of the civil  service  law  shall  not  be
    55  implemented  until  the director of employee relations shall have deliv-
    56  ered to the director of the budget and the comptroller a letter certify-

        S. 8070                             7
 
     1  ing that there is in effect with respect  to  such  negotiating  unit  a
     2  collectively  negotiated  agreement,  ratified  by the membership, which
     3  provides for such  increases  and  modifications  and  which  are  fully
     4  executed  in  writing with the state pursuant to article 14 of the civil
     5  service law.
     6    § 14. Date of entitlement  to  salary  increase.  Notwithstanding  the
     7  provisions of this act or of any other provision of law to the contrary,
     8  the increase in salary or compensation to employees provided by this act
     9  shall  be  added to the salary of such employee at the beginning of that
    10  payroll period, the first day of which is nearest to the effective  date
    11  of  such  increase  as  provided in this act, or at the beginning of the
    12  earlier of two payroll periods, the first days of which are nearest  but
    13  equally  near to the effective date of such increase as provided in this
    14  act; provided, however, that, for the purposes of determining the salary
    15  of such unit members upon reclassification,  reallocation,  appointment,
    16  promotion, transfer, demotion, reinstatement, or other change of status,
    17  such salary increase shall be deemed to be effective on the date thereof
    18  as prescribed by this act, with payment thereof pursuant to this section
    19  on  a  date  prior thereto, instead of on such effective date, and shall
    20  not operate to confer any additional salary rights or benefits  on  such
    21  unit  members.  Payment of such salary increase may be deferred pursuant
    22  to section fifteen of this act.
    23    §  15.  Deferred  payment  of  salary  increase.  Notwithstanding  the
    24  provisions  of  any  other section of this act or any other provision of
    25  law to the contrary, pending payment pursuant to this act of  the  basic
    26  annual  salaries  of  incumbents  of positions subject to this act, such
    27  incumbents shall receive, as partial compensation for services rendered,
    28  the rate of salary and other compensation  otherwise  payable  in  their
    29  respective  positions.  An  incumbent holding a position subject to this
    30  act at any time during the period from April 1,  2015,  until  the  time
    31  when  basic  annual  salaries  and other compensation due are first paid
    32  pursuant to this act for such services in excess of the salary and other
    33  compensation actually received therefor, shall be entitled to a lump sum
    34  payment for the difference between the salary and other compensation  to
    35  which  such  incumbent  is entitled for such services and the salary and
    36  other compensation actually received pursuant to the terms of an  agree-
    37  ment  between  the  state and the employee organization representing the
    38  employees covered by this act.
    39    § 16. Use of appropriations. The comptroller is authorized to pay  any
    40  amounts  required during the fiscal year commencing April 1, 2016 by the
    41  foregoing provisions of this act for any state department or agency from
    42  any appropriation or other funds available to such state  department  or
    43  agency  for  personal  service  or  for  other related employee benefits
    44  during such fiscal year. To the extent that such appropriations  in  any
    45  fund  are  insufficient to accomplish the purposes herein set forth, the
    46  director of the budget is authorized to allocate to the various  depart-
    47  ments  and  agencies, from any appropriations available in any fund, the
    48  amounts necessary to pay such amounts.
    49    § 17. Effect of participation in special annuity program.  No  officer
    50  or  employee  participating in a special annuity program pursuant to the
    51  provisions of article 8-c of the education law shall, by  reason  of  an
    52  increase  in  compensation pursuant to this act, suffer any reduction of
    53  the salary adjustment to which he or she would otherwise be entitled  by
    54  reason  of  participation  in  such  program, and such salary adjustment
    55  shall be based upon the salary  of  such  officer  or  employee  without
    56  regard to the reduction authorized by such article.

        S. 8070                             8
 
     1    §  18.   Notwithstanding any provision of the state finance law or any
     2  other provision of law to the contrary, the sum  of  two  hundred  seven
     3  million  dollars  ($207,000,000)  is  hereby appropriated in the general
     4  fund/state purposes account (10050) in miscellaneous-all  state  depart-
     5  ments  and agencies solely for apportionment/transfer by the director of
     6  the budget for use by any state department or agency in any fund for the
     7  fiscal year beginning April 1, 2016  to  supplement  appropriations  for
     8  personal  service,  other than personal service and fringe benefits, and
     9  to carry out the provisions of this act. The monies hereby  appropriated
    10  are  available  for  payment  of any liabilities or obligations incurred
    11  prior to or during the state fiscal year commencing April 1,  2016.  For
    12  this purpose, these appropriations shall remain in full force and effect
    13  for the payment of liabilities incurred on or before March 31, 2017.
    14    § 19. The several amounts as hereinafter set forth, or so much thereof
    15  as  may be necessary, are hereby appropriated for the fiscal year begin-
    16  ning April 1, 2016 to supplement appropriations available  for  personal
    17  service,  other  than personal service and fringe benefits, and to carry
    18  out the provisions of this act. Moreover, the  amounts  appropriated  as
    19  non-personal  service  may  be  suballocated/transferred  to  any  state
    20  department or agency as  needed.  The  monies  hereby  appropriated  are
    21  available  for  payment of any liabilities or obligations incurred prior
    22  to or during the state fiscal year commencing April 1,  2016.  For  this
    23  purpose,  these appropriations shall remain in full force and effect for
    24  the payment of liabilities incurred on or before March 31, 2017.
 
    25            MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES
    26                         LABOR MANAGEMENT COMMITTEES
    27                          STATE OPERATIONS 2016-17
    28    General Fund / State Operations
    29    State Purposes Account - 10050
 
    30  Professional,   Scientific   and   Technical
    31    Services Unit
    32  Professional   development  and  quality  of
    33    working life committee ......................... 560,000
    34  Health and Safety ................................ 727,000
    35  PSPT Program ................................... 5,943,000
    36  Joint Funded Programs .......................... 1,036,000
    37  Multi-Funded Programs .......................... 1,013,000
    38  Professional Development for Nurses .............. 528,000
    39  Property Damage ................................... 22,000
    40  Family Benefits ................................ 1,990,000
    41  Employee Assistance Program ...................... 450,000
    42  Joint Committee on Health Benefits ............... 528,000
 
    43    § 20. This act shall take effect immediately and shall  be  deemed  to
    44  have been in full force and effect on and after April 2, 2015. Appropri-
    45  ations  made  by  this  act  shall  remain  in full force and effect for
    46  liabilities incurred through March 31, 2017.
 
        REPEAL NOTE.--Subparagraphs 1 and 2 of paragraph c of subdivision  1  of
        section  130  of  the civil service law, repealed by section one of this
        act, provided salary schedules for state employees in the  professional,
        scientific  and  technical  services  unit and are replaced by a revised
        salary schedule in new subparagraph 1.
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