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S08245 Summary:

S08245 Actions:

S08245 Floor Votes:

S08245 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8245
 
                    IN SENATE
 
                                      June 17, 2010
                                       ___________
 
        Introduced  by Sens. AUBERTINE, SAVINO, STACHOWSKI -- (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 of conditions of employment of certain  state
          officers  and  employees  who  are  members  of  the security services

          collective negotiating unit and  who  are  not  eligible  for  binding
          interest  arbitration  pursuant to subdivision 4 of section 209 of the
          civil service law; to  authorize  funding  of  joint  labor-management
          committees;  to  implement  an  agreement  between  the  state and the
          employee organization representing certain  members  of  the  security
          services  collective negotiating unit; to repeal certain provisions of
          the civil service law relating thereto; and  making  an  appropriation
          for the purpose of effectuating certain provisions thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph f of subdivision 1 of section 130  of  the  civil
     2  service  law  is  REPEALED  and  a  new  paragraph f is added to read as
     3  follows:

     4    f. Effective on the dates indicated, salary grades for  the  positions
     5  in  the competitive, non-competitive and labor classes of the classified
     6  service of the state of New York  in  the  collective  negotiating  unit
     7  designated  as security services collective negotiating unit established
     8  pursuant to article fourteen of this chapter who are  not  eligible  for
     9  binding interest arbitration pursuant to subdivision four of section two
    10  hundred nine of this chapter, shall be as follows:
 
    11    (1) Effective April first, two thousand seven:
 
    12                        NYSCOPBA-SSU SALARY SCHEDULE
    13                        NON-ARBITRATION ELIGIBLE ONLY
    14                Effective March 29, 2007 (Institutional) and

    15                  Effective April 5, 2007 (Administrative)
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12276-03-0
        S. 8245                             2
 
     1               Perf.  Perf.  Perf.  Perf.  Perf.
     2                Ad-    Ad-    Ad-    Ad-    Ad-
     3        Hir-   vance  vance  vance  vance  vance
     4        ing    Step   Step   Step   Step   Step    Job   Perf.

     5  SG    Rate     1      2      3      4      5    Rate    Adv.
     6   1   20176   21031  21886  22741  23596  24451  25306   855
     7   2   20919   21820  22721  23622  24523  25424  26325   901
     8   3   21960   22900  23840  24780  25720  26660  27600   940
     9   4   22957   23947  24937  25927  26917  27907  28897   990

    10   5   24055   25095  26135  27175  28215  29255  30295  1040
    11   6   25326   26422  27518  28614  29710  30806  31902  1096
    12   7   26773   27913  29053  30193  31333  32473  33613  1140
    13   8   28294   29477  30660  31843  33026  34209  35392  1183
    14   9   29886   31122  32358  33594  34830  36066  37302  1236

    15  10   31596   32895  34194  35493  36792  38091  39390  1299
    16  11   33477   34828  36179  37530  38881  40232  41583  1351
    17  12   35352   36763  38174  39585  40996  42407  43818  1411
    18  13   37476   38949  40422  41895  43368  44841  46314  1473
    19  14   39643   41188  42733  44278  45823  47368  48913  1545

    20  15   41936   43543  45150  46757  48364  49971  51578  1607
    21  16   44315   45995  47675  49355  51035  52715  54395  1680
    22  17   46817   48586  50355  52124  53893  55662  57431  1769
    23  18   49490   51347  53204  55061  56918  58775  60632  1857
    24  19   52201   54140  56079  58018  59957  61896  63835  1939

    25  20   54891   56917  58943  60969  62995  65021  67047  2026
    26  21   57855   59968  62081  64194  66307  68420  70533  2113
    27  22   60955   63193  65431  67669  69907  72145  74383  2238
    28  23   64264   66566  68868  71170  73472  75774  78076  2302
    29  24   67750   70139  72528  74917  77306  79695  82084  2389

    30  25   71540   74030  76520  79010  81500  83990  86480  2490
 
    31                              Long
    32                              Max.
    33       10 Yr.  15 Yr. 20 Yr.  25 Yr.
    34       Long    Long   Long    Long
    35  SG   Step    Step   Step    Step
    36   1   26851   28210  30664   32023
    37   2   27959   29396  31918   33356

    38   3   29304   30804  33378   34879
    39   4   30810   32264  34909   36363
    40   5   32180   33837  36552   38210
    41   6   33887   35637  38428   40178
    42   7   35677   37494  40345   42162
    43   8   37537   39425  42337   44225
    44   9   39544   41517  44506   46478
    45  10   41738   43807  46875   48943

    46  11   44029   46182  49326   51478
    47  12   46378   48630  51859   54112
    48  13   48980   51326  54637   56984
    49  14   51706   54165  57572   60031
    50  15   54487   57047  60545   63106
    51  16   57436   60112  63707   66383
    52  17   60632   63447  67166   69981
    53  18   63996   66958  70803   73766

    54  19   67347   70438  74394   77485
    55  20   70722   73955  78037   81270
        S. 8245                             3
 
     1  21   74364   77735  81933   85304
     2  22   78434   81997  86366   89929
     3  23   82249   85923  90382   94056
     4  24   86409   90216  94795   98602
     5  25   90991   94961  99678  103648
 
     6    (2) Effective April first, two thousand eight:
 

     7                        NYSCOPBA-SSU SALARY SCHEDULE
     8                        NON-ARBITRATION ELIGIBLE ONLY
     9                Effective March 27, 2008 (Institutional) and
    10                  Effective April 3, 2008 (Administrative)
 
    11               Perf.  Perf.  Perf.  Perf.  Perf.
    12                Ad-    Ad-    Ad-    Ad-    Ad-
    13        Hir-   vance  vance  vance  vance  vance
    14        ing    Step   Step   Step   Step   Step    Job   Perf.

    15  SG    Rate     1      2      3      4      5    Rate    Adv.
    16   1   20781   21662  22543  23424  24305  25186  26067   881
    17   2   21547   22475  23403  24331  25259  26187  27115   928
    18   3   22619   23587  24555  25523  26491  27459  28427   968
    19   4   23646   24666  25686  26706  27726  28746  29766  1020

    20   5   24777   25848  26919  27990  29061  30132  31203  1071
    21   6   26086   27215  28344  29473  30602  31731  32860  1129
    22   7   27576   28750  29924  31098  32272  33446  34620  1174
    23   8   29143   30362  31581  32800  34019  35238  36457  1219
    24   9   30783   32056  33329  34602  35875  37148  38421  1273

    25  10   32544   33882  35220  36558  37896  39234  40572  1338
    26  11   34481   35873  37265  38657  40049  41441  42833  1392
    27  12   36413   37866  39319  40772  42225  43678  45131  1453
    28  13   38600   40117  41634  43151  44668  46185  47702  1517
    29  14   40832   42423  44014  45605  47196  48787  50378  1591

    30  15   43194   44849  46504  48159  49814  51469  53124  1655
    31  16   45644   47375  49106  50837  52568  54299  56030  1731
    32  17   48222   50044  51866  53688  55510  57332  59154  1822
    33  18   50975   52888  54801  56714  58627  60540  62453  1913
    34  19   53767   55764  57761  59758  61755  63752  65749  1997

    35  20   56538   58625  60712  62799  64886  66973  69060  2087
    36  21   59591   61767  63943  66119  68295  70471  72647  2176
    37  22   62784   65089  67394  69699  72004  74309  76614  2305
    38  23   66192   68563  70934  73305  75676  78047  80418  2371
    39  24   69783   72244  74705  77166  79627  82088  84549  2461

    40  25   73686   76251  78816  81381  83946  86511  89076  2565
 
    41                               Long
    42                               Max.
    43       10 Yr.  15 Yr.  20 Yr.  25 Yr.
    44       Long    Long    Long    Long
    45  SG   Step    Step    Step    Step
    46   1   27658   29058   31586   32986
    47   2   28798   30278   32876   34357

    48   3   30182   31727   34378   35924
    49   4   31736   33234   35958   37456
    50   5   33145   34851   37648   39355
    51   6   34905   36707   39582   41384
    52   7   36746   38617   41554   43425
        S. 8245                             4
 
     1   8   38666   40611   43610   45555
     2   9   40730   42762   45841   47872
     3  10   42990   45122   48282   50412

     4  11   45352   47570   50808   53025
     5  12   47768   50087   53413   55734
     6  13   50448   52864   56275   58692
     7  14   53255   55788   59297   61830
     8  15   56120   58757   62360   64998
     9  16   59162   61919   65621   68378
    10  17   62451   65350   69181   72081
    11  18   65918   68969   72929   75981

    12  19   69366   72550   76625   79809
    13  20   72845   76175   80380   83710
    14  21   76593   80065   84389   87861
    15  22   80787   84456   88956   92626
    16  23   84716   88500   93093   96877
    17  24   89004   92925   97641  101563
    18  25   93722   97811  102670  106759
 
    19    §  2.  Compensation  for certain members of the collective negotiating
    20  unit designated as the security  services  collective  negotiating  unit

    21  pursuant  to an agreement between the state of New York and the employee
    22  organization representing such individuals.
    23    1. The provisions of this section  shall  apply  to  full-time  annual
    24  salaried  officers  and  employees  in  the  collective negotiating unit
    25  designated as security services collective negotiating unit  established
    26  pursuant  to  article 14 of the civil service law (hereinafter "security
    27  services unit") who are not eligible for  binding  interest  arbitration
    28  pursuant to subdivision 4 of section 209 of the civil service law (here-
    29  inafter "employees who are ineligible for interest arbitration").
    30    2.  Effective April 1, 2007, the basic annual salary of members of the
    31  security services unit who are ineligible for interest  arbitration  and
    32  who  are  in  full-time  annual  salaried employment status on March 31,
    33  2007, shall be increased by three percent.

    34    3. Effective April 1, 2008, the basic annual salary of members of  the
    35  security  services  unit who are ineligible for interest arbitration and
    36  who are in full-time annual salaried  employment  status  on  March  31,
    37  2008, shall be increased by three percent.
    38    4.  Advancement  within  a  salary  grade.  Payments  pursuant  to the
    39  provisions of subdivision 6 of section 131 of the civil service law  for
    40  members  of the security services unit who are entitled to such payments
    41  and who are ineligible for interest arbitration shall be payable  pursu-
    42  ant  to  the  terms of an agreement between the state of New York and an
    43  employee organization representing employees subject to  the  provisions
    44  of this section entered into pursuant to article 14 of the civil service
    45  law (hereinafter "the agreement").
    46    5.  Effective  April  1,  2007, pursuant to the terms of the agreement

    47  covering members of the security services unit who  are  ineligible  for
    48  interest arbitration, for such unit members who are on the institutional
    49  or  administrative  payroll, the ten-year, the fifteen-year, the twenty-
    50  year and the twenty-five year  longevity  step  payment  for  such  unit
    51  members  to  whom  the  provisions  of  this section apply shall be that
    52  amount prescribed by paragraph f of subdivision 1 of section 130 of  the
    53  civil service law as added by section one of this act.
    54    6. Notwithstanding any of the foregoing provisions of this section, if
    55  the  basic  annual salary of such unit members to whom the provisions of
        S. 8245                             5
 
     1  this section apply  is  identical  with  the  hiring  rate,  performance
     2  advance  step  one, two, three, four or five, the job rate, the ten-year

     3  longevity step, the fifteen-year longevity step, the twenty-year longev-
     4  ity  step  or the twenty-five year longevity step of the salary grade of
     5  his or her position on March 31, 2007, or March 31, 2008,  respectively,
     6  for  such  unit  members to whom the provisions of this section apply on
     7  the institutional or administrative payroll, such  basic  annual  salary
     8  shall  be  increased  to  the hiring rate, performance advance step one,
     9  two, three, four or five, the job rate, the ten-year longevity step, the
    10  fifteen-year longevity step, the twenty-year longevity step or the twen-
    11  ty-five year longevity step of such salary grade as contained in subpar-
    12  agraphs 1 and 2 of paragraph f of subdivision 1 of section  130  of  the
    13  civil  service  law, as added by section one of this act, to take effect
    14  on April 1, 2007, or April 1, 2008, respectively, for such unit  members

    15  to  whom  the  provisions  of this section apply on the institutional or
    16  administrative payroll. The increases in basic annual salary provided by
    17  this subdivision shall be in lieu of any increase in basic annual salary
    18  provided for in subdivisions two and three of this section.
    19    7. If an unencumbered position is one, which if encumbered,  would  be
    20  subject  to  the provisions of this section, the salary of such position
    21  shall be increased by the salary  increase  amounts  specified  in  this
    22  section.  If  a position is created, and is filled by the appointment of
    23  such unit members to whom the provisions  of  this  section  apply,  the
    24  salary  otherwise  provided  for such position shall be increased in the
    25  same manner as though such position had been in existence  but  unencum-
    26  bered.   Notwithstanding the provisions of this section, the director of

    27  the division of the budget may reduce the salary of any  such  position,
    28  which is or becomes vacant.
    29    8.  The  increases  in  salary  payable pursuant to this section shall
    30  apply on a prorated basis to officers and employees, otherwise  eligible
    31  to  receive an increase in salary pursuant to this section, who are paid
    32  on an hourly or per diem basis, who are employees serving on a part-time
    33  or seasonal basis and who are employees paid on any basis other than  at
    34  an  annual salaried rate; except that the provisions of subdivision four
    35  of this section shall not apply  to  employees  serving  on  a  seasonal
    36  basis, except as determined by the director of the budget.
    37    9. Notwithstanding any other provision of this section, the provisions
    38  of  this  section shall not apply to officers or employees paid on a fee
    39  schedule basis.

    40    10. In order to provide for the officers and employees  to  whom  this
    41  section  applies  who  are  not  allocated to salary grades, performance
    42  advancements and payments in proportion to those provided to persons  to
    43  whom this section applies who are allocated to salary grades, the direc-
    44  tor  of  the  budget is authorized to add appropriate adjustments to the
    45  compensation which such officers and employees are otherwise entitled to
    46  receive. The director of the budget shall issue certificates which shall
    47  contain schedules of  positions  and  the  salaries  thereof  for  which
    48  adjustments are made pursuant to the provisions of this subdivision, and
    49  a  copy  of  each  such  certificate shall be filed with the state comp-
    50  troller, the department of civil service, the  chairman  of  the  senate
    51  finance  committee  and  the  chairman  of  the  assembly ways and means
    52  committee.

    53    11. Notwithstanding any of the foregoing provisions of  this  section,
    54  any  increase  in  compensation may be withheld in whole or in part from
    55  any such unit members to whom the provisions of this section apply when,
    56  in the opinion of the director of the division of  the  budget  and  the
        S. 8245                             6
 
     1  director of employee relations, such increase is not warranted or is not
     2  appropriate.
     3    §  3.  Additional  compensation  for  certain  members of the security
     4  services unit.
     5    1. Members of the security services unit who are in  full-time  annual
     6  salaried  employment  status  and  who are ineligible for interest arbi-
     7  tration.
     8    (a) In recognition of the general requirement for full-time  employees
     9  of  the  state  in  the  security services unit to assemble for briefing

    10  prior to the commencement of duties, where and to the extent  an  agree-
    11  ment  so  provides, each such employee except such an employee receiving
    12  additional compensation pursuant to subdivision 5 of section 134 of  the
    13  civil  service law, shall receive additional compensation in recognition
    14  of pre-shift briefing.
    15    (b) Each such  employee  holding  such  a  position  in  the  security
    16  services  unit shall be compensated for pre-shift briefing in accordance
    17  with the terms of the agreement covering certain members of the security
    18  services unit. No payments authorized pursuant to this  subdivision  and
    19  such negotiated agreement shall be made to an employee who is in non-pay
    20  status for that day.
    21    (c)  Any  such  additional  compensation  pursuant to this subdivision
    22  shall be paid in addition to and shall not be a part of  the  employee's

    23  basic  annual  salary  and shall not be included as compensation for the
    24  purposes of computation of overtime pay, provided,  however,  that  such
    25  additional  compensation  shall  be  included  for  retirement purposes.
    26  Notwithstanding the foregoing provisions of this subdivision or  of  any
    27  other  law, such additional compensation shall be in lieu of the contin-
    28  uation of any other additional compensation for such employees in recog-
    29  nition of pre-shift briefing.
    30    2. Members of the security services unit who are employed  within  the
    31  state  department  of  correctional  services  and who are designated as
    32  peace officers pursuant to section 2.10 of the criminal procedure law.
    33    (a) In recognition of the general requirement for these  unit  members
    34  to  assemble for briefing prior to the commencement of duties, where and

    35  to the extent a determination made by the public  arbitration  panel  so
    36  provides  on  behalf of such unit members to whom the provisions of this
    37  subdivision apply on behalf of each such employee except  such  employee
    38  receiving  additional  compensation pursuant to subdivision 5 of section
    39  134 of the civil service law, such members  shall  continue  to  receive
    40  additional compensation in recognition of pre-shift briefing.
    41    (b)  Each  such unit member to whom the provisions of this subdivision
    42  apply, shall receive a minimum of four dollars eighty cents for each day
    43  while in payroll status when such pre-shift briefing time is not  other-
    44  wise  compensated  at a greater amount at the one and one-half times the
    45  hourly rate of pay provided for by subdivision 1 of section 134  of  the
    46  civil  service  law and the rules and regulations of the director of the

    47  budget. Effective April 1, 2010, this amount shall be increased to eight
    48  dollars for each day while in payroll status. Each such unit  member  to
    49  whom the provisions of this subdivision apply, subject to the provisions
    50  of  this  subdivision,  shall  be  guaranteed  a  minimum of twenty-four
    51  dollars per week in addition to base pay. Effective April 1, 2010,  this
    52  amount  shall  be  increased  to  a minimum of forty dollars per week in
    53  addition to base pay. No payments authorized pursuant to  this  subdivi-
    54  sion,  shall  be  made  to an employee who is in non-pay status for that
    55  day.
        S. 8245                             7
 
     1    (c) Any such additional compensation  pursuant  to  this  subdivision,
     2  shall  be paid in addition to and shall not be a part of such employee's
     3  basic annual salary and shall not be included as  compensation  for  the

     4  purposes  of  computation  of overtime pay, provided, however, that such
     5  additional  compensation  shall  be  included  for  retirement purposes.
     6  Notwithstanding the foregoing provisions of this subdivision or  of  any
     7  other  law,  such  additional  compensation as added by this subdivision
     8  shall be in lieu of the continuation of  any  other  additional  compen-
     9  sation for such unit members in recognition of pre-shift briefing.
    10    §  4. Notwithstanding any law, rule or regulation to the contrary, any
    11  employees of the state in the security services unit  who  are  eligible
    12  for  additional compensation pursuant to subdivision 5 of section 134 of
    13  the civil service law shall be deemed  ineligible  for  such  additional
    14  compensation  to  the  extent, in the manner and under the circumstances
    15  provided for in a negotiated agreement on behalf of such employees.

    16    § 5. Uniform cleaning and maintenance and purchase of  uniform  shoes.
    17  In  recognition of the general requirement for employees of the state in
    18  the security services unit to wear a uniform and to the extent  that  an
    19  agreement  so  provides,  each  employee  who is ineligible for interest
    20  arbitration and on the payroll on the first day  of  November  preceding
    21  the  annual  effective  date  shall receive an increase in allowance for
    22  cleaning and maintenance by three percent to the  rate  of  six  hundred
    23  forty-two dollars per year effective December 1, 2007. This amount shall
    24  increase  by  three  percent  to  six hundred sixty-one dollars per year
    25  effective December 1, 2008. Such allowance shall be payable by  separate
    26  check  on  or about December 1 of each year.  Retroactive payments shall
    27  be payable as soon as practicable for the retroactive provisions of this

    28  section. Any amounts due to eligible  members  of  this  unit  shall  be
    29  offset  by  payments  already received as uniform allowance in each year
    30  and the remainder shall be calculated as part of a retroactive payment.
    31    § 6. Location compensation for certain state officers and employees in
    32  the collective negotiating unit designated as security services.
    33    1. Pursuant to the terms of an agreement covering certain  members  of
    34  the  security services unit who are ineligible for interest arbitration,
    35  and notwithstanding any inconsistent provision of  law,  rule  or  regu-
    36  lation  to  the  contrary, all members of the security services unit who
    37  are ineligible for interest arbitration, and are full-time annual  sala-
    38  ried  employees  and whose principal place of employment or, in the case
    39  of a field employee, whose official station as determined in  accordance

    40  with  the  regulations  of  the state comptroller, is in the city of New
    41  York or in the county of Nassau, Suffolk, Westchester or Rockland, shall
    42  receive, effective April 1, 2007 an increase in locational  compensation
    43  in  the amount of three percent to one thousand five hundred dollars per
    44  year, for employees in full-time annual salaried  employment  status  on
    45  March  31,  2007,  and  such eligible employees shall receive, effective
    46  April 1, 2008 an increase in locational compensation in  the  amount  of
    47  three  percent to one thousand five hundred forty-five dollars per year,
    48  for employees in full-time annual salaried employment  status  on  March
    49  31, 2008.
    50    2.  Pursuant  to the terms of an agreement covering certain members of
    51  the security services unit who are ineligible for interest  arbitration,
    52  and  notwithstanding  any  inconsistent  provision of law, rule or regu-

    53  lation to the contrary, effective April 1, 2007, all such members of the
    54  security services unit who are full-time annual salaried  employees  and
    55  whose principal place of employment or, in the case of a field employee,
    56  whose  official station as determined in accordance with the regulations
        S. 8245                             8
 
     1  of the comptroller is located in the  county  of  Monroe  and  who  were
     2  eligible  to  receive locational pay on May 23, 1985 shall receive loca-
     3  tional pay at the rate of two hundred three dollars  per  year  provided
     4  they continue to be otherwise eligible.
     5    3.  Pursuant  to the terms of an agreement covering certain members of
     6  the security services unit who are ineligible for interest  arbitration,
     7  and  notwithstanding  any  inconsistent  provision of law, rule or regu-

     8  lation to the contrary, all such members of the security  services  unit
     9  who are full-time annual salaried employees and whose principal place of
    10  employment  or,  in the case of a field employee, whose official station
    11  as determined in accordance with the  regulations  of  the  state  comp-
    12  troller, is in the county of Orange, Putnam or Dutchess shall receive an
    13  increase  in  locational  compensation by three percent to the amount of
    14  eight hundred dollars per year effective April 1, 2007, for employees in
    15  full-time annual salaried employment status on March 31,  2007,  and  an
    16  increase  of three percent to eight hundred twenty-four dollars per year
    17  effective April 1, 2008, for  employees  in  full-time  annual  salaried
    18  employment status on March 31, 2008.
    19    4.  The locational compensation as set out in all subdivisions of this

    20  section shall be equally divided over the 26  payroll  periods  in  each
    21  fiscal  year and be in addition to and shall not be a part of an employ-
    22  ee's basic annual salary, and shall not affect or impair any performance
    23  advance or other rights or benefits to which an employee may be entitled
    24  by law, provided, however, that locational  pay  shall  be  included  as
    25  compensation  for  the  purposes  of computation of overtime pay and for
    26  retirement purposes. Retroactive payments shall be payable  as  soon  as
    27  practicable  for the retroactive provisions of this section. Any amounts
    28  due to eligible members of this unit shall be offset by payments already
    29  received as locational compensation  in  each  year,  if  any,  and  the
    30  remainder shall be calculated as part of a retroactive payment.
    31    §  7. Continuation of locational compensation for certain officers and

    32  employees of  the  Hudson  Valley  developmental  disabilities  services
    33  office.
    34    1.  Notwithstanding  any  law, rule or regulation to the contrary, any
    35  officer or employee of  the  Hudson  Valley  developmental  disabilities
    36  services  office  represented  in  the  security  services  unit, who is
    37  receiving locational pay pursuant to section 5 of  chapter  174  of  the
    38  laws  of  1993  shall  continue to receive such locational pay under the
    39  conditions and at the rates specified by such section 5 of  chapter  174
    40  of the laws of 1993.
    41    2.  Notwithstanding  any  law, rule or regulation to the contrary, any
    42  officer or employee of  the  Hudson  Valley  developmental  disabilities
    43  services office represented in the security services unit who is receiv-
    44  ing  locational pay pursuant to subdivision 2 of section 11 of chapter 3

    45  of the laws of 1996 shall continue to receive such locational pay  under
    46  the  conditions  and  at  the  rates  specified by such subdivision 2 of
    47  section 11 of chapter 3 of the laws of 1996.
    48    3. Notwithstanding this section or any other law, rule  or  regulation
    49  to  the  contrary, any officer or employee of the Hudson Valley develop-
    50  mental disabilities services office represented in the security services
    51  unit who is receiving locational pay pursuant to said section  seven  of
    52  this  act  shall continue to be eligible for such locational pay if such
    53  officer's or employee's principal place of employment is  changed  to  a
    54  location  outside of the county of Rockland as the result of a reduction
    55  or redeployment of  staff,  provided,  however,  that  such  officer  or
    56  employee  is  reassigned  to  or  otherwise  appointed  or promoted to a

        S. 8245                             9
 
     1  different position at another work location within  such  Hudson  Valley
     2  developmental disabilities services office located outside of the county
     3  of  Rockland. The rate of such continued locational pay shall not exceed
     4  the rate such officer or employee is receiving on the date of such reas-
     5  signment, appointment or promotion.
     6    §  8.  Facility  security  pay.  Pursuant to the terms of an agreement
     7  covering certain members of the security services unit who are  ineligi-
     8  ble  for  interest  arbitration, are full-time annual salaried employees
     9  and, notwithstanding any inconsistent provision of law,  rule  or  regu-
    10  lation  to  the  contrary,  where and to the extent that an agreement so
    11  provides, effective April 1, 2007, such eligible members of the security
    12  services unit shall receive an increase of three percent to five hundred

    13  fifteen dollars annually, and effective April  1,  2008,  such  eligible
    14  members of the security services unit shall receive an increase of three
    15  percent to five hundred thirty dollars annually, in recognition of their
    16  security responsibilities. This payment will be equally divided over the
    17  26  payroll  periods in each fiscal year and shall count as compensation
    18  for overtime and  retirement  purposes.  Any  amounts  due  to  eligible
    19  members  of  this  unit  shall be offset by payments already received as
    20  facility security pay in each year and the remainder shall be calculated
    21  as part of a retroactive payment. Retroactive payments shall be  payable
    22  as soon as practicable for the retroactive provisions of this section.
    23    §  9.  Security  enforcement differential. Pursuant to the terms of an
    24  agreement covering certain members of the security services unit who are

    25  ineligible for  interest  arbitration,  are  full-time  annual  salaried
    26  employees  and,  notwithstanding any inconsistent provision of law, rule
    27  or regulation to the contrary, where and to the extent that an agreement
    28  so provides, such eligible members of the security services  unit  shall
    29  receive a security enforcement differential to be paid in recognition of
    30  the  enhanced  security and law enforcement responsibilities inherent in
    31  the positions covered by such bargaining unit. Effective April 1,  2007,
    32  such  payment  shall increase by three percent for eligible unit members
    33  to six hundred forty-three dollars and, effective April  1,  2008,  such
    34  payment  to  shall increase by three percent to eligible unit members to
    35  six hundred sixty-two dollars. This payment will be equally divided over
    36  the 26 payroll periods in each fiscal year and shall  count  as  compen-

    37  sation for overtime and retirement purposes.  Retroactive payments shall
    38  be payable as soon as practicable for the retroactive provisions of this
    39  section.  Any  amounts  due  to  eligible  members of this unit shall be
    40  offset by payments already received as security enforcement differential
    41  in each year and the remainder shall be calculated as part of a retroac-
    42  tive payment.
    43    § 10. Inconvenience pay program. Pursuant to chapter 333 of  the  laws
    44  of  1969,  as  amended, and an agreement covering certain members of the
    45  security services unit who are ineligible for interest arbitration,  are
    46  full-time  annual salaried employees and, notwithstanding any inconsist-
    47  ent provision of law, rule or regulation to the contrary, where  and  to
    48  the  extent  that an agreement so provides, effective April 1, 2007, the
    49  inconvenience pay provided to eligible employees shall be  increased  by

    50  three  percent  to five hundred sixty-seven dollars per year for working
    51  four or more hours between the hours of 6:00 p.m. and 6:00 a.m.,  except
    52  on  an  overtime  basis;  effective April 1, 2008, the inconvenience pay
    53  provided to eligible employees shall be increased by  three  percent  to
    54  five hundred eighty-four dollars per year for working four or more hours
    55  between  the  hours  of  6:00  p.m.  and 6:00 a.m, except on an overtime
    56  basis. Retroactive payments shall be payable as soon as practicable  for
        S. 8245                            10
 
     1  the  retroactive provisions of this section. Any amounts due to eligible
     2  members of this unit shall be offset by  payments  already  received  as
     3  inconvenience  pay in each year and the remainder shall be calculated as
     4  part of a retroactive payment.

     5    §  11.  Notwithstanding any other provision of law, rule or regulation
     6  to the contrary, where and to the extent that an agreement  so  provides
     7  on behalf of employees in the security services unit pursuant to article
     8  14 of the civil service law, the state shall contribute an amount desig-
     9  nated  in such agreement and for the period covered by such agreement to
    10  the accounts of such employees enrolled for  dependent  care  deductions
    11  pursuant  to  subdivision  7  of section 201-a of the state finance law.
    12  Such amounts shall be from funds appropriated in this act and shall  not
    13  be part of basic annual salary for overtime and retirement purposes.
    14    §  12.  During  the period April 1, 2007 through March 31, 2009, there
    15  shall be a statewide  joint  labor-management  committee  continued  and
    16  administered pursuant to the terms of an agreement covering employees in

    17  the security services unit which shall, after March 31, 2007, within the
    18  amounts  available  therefor,  study and make recommendations concerning
    19  major issues of employee assistance, performance  evaluation,  training,
    20  review  of quality of work life efforts, and provide for the implementa-
    21  tion of the terms of agreements of such committee.
    22    § 13. Notwithstanding any provision of law, rule or regulation to  the
    23  contrary, the appropriations contained in this act shall be available to
    24  the  state  of New York for the payment and publication of grievance and
    25  arbitration settlements and awards pursuant to articles 7 and 8  of  the
    26  agreement covering employees in the security services unit.
    27    §  14.  The salary increases and benefit modifications provided for by
    28  this act for state employees in the security services unit shall not  be

    29  implemented  until  the director of employee relations shall have deliv-
    30  ered to the director of the budget and the comptroller a letter indicat-
    31  ing that there is in effect with respect  to  such  negotiating  unit  a
    32  collective  negotiation  agreement which provides for such increases and
    33  modifications and which is fully executed  in  writing  with  the  state
    34  pursuant  to  article 14 of the civil service law, and ratified pursuant
    35  to the ratification procedure of  the  employee  organization  certified
    36  pursuant  to  article  14  of  the  civil  service law to represent such
    37  collective negotiating unit.
    38    § 15. Date of entitlement  to  salary  increase.  Notwithstanding  the
    39  provisions  of  this act or of any other provision of law, rule or regu-
    40  lation to the contrary, the increase in salary or  compensation  of  any

    41  members  of  the  security services unit who are ineligible for interest
    42  arbitration provided by this act shall be added to the  salary  of  such
    43  member at the beginning of that payroll period the first day of which is
    44  nearest  to the effective date of such increase as provided in this act,
    45  or at the beginning of the earlier of two payroll periods the first days
    46  of which are nearest but equally near to  the  effective  date  of  such
    47  increase  as  provided  in  this  act;  provided,  however, that for the
    48  purposes of determining the salary of such unit members  upon  reclassi-
    49  fication,  reallocation,  appointment,  promotion,  transfer,  demotion,
    50  reinstatement, or other change of status, such salary increase shall  be
    51  deemed  to  be  effective on the date thereof as prescribed by this act,
    52  with payment thereof pursuant to this section on a date  prior  thereto,

    53  instead  of  on such effective date, and shall not operate to confer any
    54  additional salary rights or benefits on such unit  members.  Payment  of
    55  such salary increase may be deferred pursuant to section sixteen of this
    56  act.
        S. 8245                            11
 
     1    §  16.  Deferred  payment  of  salary  increase.  Notwithstanding  the
     2  provisions of any other section of this act, or of any other  law,  rule
     3  or  regulation, pending payment pursuant to this act of the basic annual
     4  salaries of incumbents of positions subject to this act such  incumbents
     5  shall  receive,  as partial compensation for services rendered, the rate
     6  of compensation otherwise payable  in  their  respective  positions.  An
     7  incumbent  holding a position subject to this act at any time during the
     8  period from April 1, 2007, until the time when basic annual salaries are

     9  first paid pursuant to this act for  such  services  in  excess  of  the
    10  compensation  actually  received  therefore, shall be entitled to a lump
    11  sum payment for the difference between the salary to which  such  incum-
    12  bent  is  entitled  for  such  services  and  the  compensation actually
    13  received therefor. Such lump sum payment shall be made as soon as  prac-
    14  ticable. Notwithstanding any provision of law, rule or regulation to the
    15  contrary, no member of the security services unit to whom the provisions
    16  of  this  act apply shall be entitled to, or owed, any interest or other
    17  penalty for any reason on any monies due to such member pursuant to  the
    18  terms  of  this act and the terms of the agreement covering employees in
    19  the security services unit.
    20    § 17. Use of appropriations. The comptroller is authorized to pay  any

    21  amounts  required during the fiscal year commencing April 1, 2010 by the
    22  foregoing provisions of this act for any state department or agency  for
    23  personal  service  or  for  other  related employee benefits during such
    24  fiscal year. To the extent that such appropriations are insufficient  to
    25  accomplish  the  purposes herein set forth, the director of the division
    26  of the budget is authorized to allocate to the various  departments  and
    27  agencies,  from  any  appropriations available, the amounts necessary to
    28  pay such amounts. The aforementioned appropriations shall  be  available
    29  for  payment  of  any  liabilities  or  obligations incurred prior to or
    30  during the state fiscal year commencing April 1, 2010.
    31    § 18. The several amounts as hereinafter set forth, or so much thereof
    32  as may be necessary, are hereby appropriated from the fund so designated

    33  for use by any state department or agency for the fiscal year  beginning
    34  April  1,  2010  to  supplement appropriations from each respective fund
    35  available for personal service, other than personal service  and  fringe
    36  benefits,  and  to  carry out the provisions of this act.  Moreover, the
    37  amounts appropriated as non-personal service may be suballocated to  any
    38  state department or agency as needed. The monies hereby appropriated are
    39  available  for  payment of any liabilities or obligations incurred prior
    40  to or during the state fiscal year commencing April 1,  2010.  No  money
    41  shall  be  available  for  expenditure  from  this appropriation until a
    42  certificate of approval has been issued by the director of the  division
    43  of  the  budget  and a copy of such certificate or any amendment thereto
    44  has been filed with the state comptroller, the chairman  of  the  senate

    45  finance  committee  and  the  chairman  of  the  assembly ways and means
    46  committee.
 
    47                     ALL STATE DEPARTMENTS AND AGENCIES
 
    48  General Fund / State Operations
    49  State Purposes Account - 003
 
    50                              Personal Service
 
    51  Personal service ............................... 7,307,000
        S. 8245                            12
 
     1                             Nonpersonal Service
 
     2  Fringe benefits ................................ 2,196,000
     3  Legal defense fund ............................... 150,000
 
     4  Special Revenue Funds - State
     5  Miscellaneous Special Revenue Fund - 339
 
     6                              Personal Service
 
     7  Personal Service .............................. 20,126,000
 
     8                             Nonpersonal Service
 
     9  Fringe Benefits ................................ 9,942,000
 

    10  Environmental Conservation Special Revenue Fund - 301
 
    11                              Personal Service
 
    12  Personal Service ................................. 180,000
 
    13                             Nonpersonal Service
 
    14  Fringe Benefits ................................... 89,000
 
    15  Lake George Park Trust Fund - 349
 
    16                              Personal Service
 
    17  Personal Service .................................. 23,000
 
    18                             Nonpersonal Service
 
    19  Fringe Benefits ................................... 11,000
 
    20  State University Income Fund - 345
 
    21                              Personal Service
 
    22  Personal Service ................................. 798,000
 
    23                             Nonpersonal Service
 
    24  Fringe Benefits .................................. 394,000
 
    25  Special Revenue Funds - Federal
    26  Federal Education Fund - 267
 

    27                              Personal Service
 
    28  Personal Service .................................. 26,000
        S. 8245                            13
 
     1                             Nonpersonal Service
 
     2  Fringe Benefits ................................... 13,000
 
     3  Federal Unemployment Insurance Administration Fund - 480
 
     4                              Personal Service
 
     5  Personal Service ................................. 211,000
 
     6                             Nonpersonal Service
 
     7  Fringe Benefits .................................. 104,000
 
     8    §  22.  This  act shall take effect immediately and shall be deemed to
     9  have been in full force and effect on and after April 1, 2007.
          REPEAL NOTE. Paragraph f of subdivision 1 of section 130 of the  civil
        service law, repealed by section one of this act, provided salary sched-

        ules  for  state  employees  in  the  particular  titles in the security
        services unit employees who are ineligible for interest arbitration  and
        is  replaced  and  revised  by  salary schedules in a new paragraph f of
        subdivision 1 of section 130 of the  civil  service  law,  as  added  by
        section  one of this act implementing an agreement between the state and
        the employee organization representing such unit for  employees  in  the
        security  services unit who are ineligible for interest arbitration. The
        salary schedules for the remaining employees in  the  security  services
        unit are contained in paragraph g of subdivision 1 of section 130 of the
        civil service law.