Rpld §130 sub 1 ¶e sub¶¶ 1, 2 & 3, sub 10 ¶b, amd §§130 & 131, Civ Serv L
 
Relates to compensation, benefits and other terms and conditions of employment of certain state officers and employees; makes an appropriation therefor.
STATE OF NEW YORK
________________________________________________________________________
8498
IN SENATE
May 9, 2018
___________
Introduced by Sen. GOLDEN -- (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 authorize funding of joint labor management
committees; to implement agreements between the state and an employee
organization; making an appropriation therefor; and to repeal certain
provisions of such 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 e of subdivision 1 of
2 section 130 of the civil service law are REPEALED and five new subpara-
3 graphs 1, 2, 3, 4 and 5 are added to read as follows:
4 (1) Effective April seventh, two thousand sixteen:
5 SGHRStepStepStepStepStepStepJRINCRJR
6 123456INCR
7 12339124180249692575826547273362812528914789789
8 22428425112259402676827596284242925230080828828
9 32549626361272262809128956298213068631551865865
10 42660927525284412935730273311893210533021916916
11 52788228841298003075931718326773363634595959959
12 62944230439314363243333430344273542436421997997
13 7310703211533160342053525036295373403839210451052
14 8328223390834994360803716638252393384041710861079
15 9346513578636921380563919140326414614258911351128
16 10366333782339013402034139342583437734495611901183
17 11387584000741256425054375445003462524750112491249
18 12409754226843561448544614747440487335001912931286
19 13434064475846110474624881450166515185287013521352
20 14459184732548732501395154652953543605577414071414
21 15485845005151518529855445255919573865885314671467
22 16513055283954373559075744158975605096205015341541
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12063-01-8
S. 8498 5
1 § 2-a. Paragraphs (c), (d), (e), (f) and (g) of subdivision 10 of
2 section 130 of the civil service law, paragraphs (c) and (d) as amended
3 by chapter 49 of the laws of 2008 and paragraphs (e), (f) and (g) as
4 amended by chapter 111 of the laws of 2006, are amended to read as
5 follows:
6 [(c)] (b) [(i) Prior to April first two thousand ten, and notwith-
7 standing any inconsistent provision of law, officers and employees to
8 whom paragraph e of subdivision one of this section applies who, on or
9 after April first, two thousand four, on their anniversary date have
10 five or more years of continuous service as defined by paragraph (c) of
11 subdivision three of this section at a basic annual salary rate equal to
12 or in excess of the job rate or maximum salary of their salary grade,
13 but below the first longevity step and whose performance for the most
14 recent rating period was rated at least "satisfactory" or its equiv-
15 alent, shall have their basic annual salary increased to the first
16 longevity step or shall have their basic annual salary as otherwise
17 effective increased by eight hundred fifty dollars; or by nine hundred
18 fifty dollars on or after April first, two thousand seven; or by one
19 thousand fifty dollars on or after April first, two thousand eight; or
20 by one thousand one hundred fifty dollars on or after April first, two
21 thousand nine; or as much of that amount as will not result in the new
22 basic annual salary exceeding the step two longevity step. Notwithstand-
23 ing any inconsistent provision of law, officers and employees to whom
24 paragraph e of subdivision one of this section apply who, on or after
25 April first, two thousand four, on their anniversary date have ten or
26 more years of continuous service as defined by paragraph (c) of subdivi-
27 sion three of this section at a basic annual salary rate equal to or in
28 excess of the job rate or maximum salary of their salary grade, but
29 below the second longevity step and whose performance for the most
30 recent rating period was rated at least "satisfactory" or its equiv-
31 alent, shall have their basic annual salary increased to the second
32 longevity step as found in paragraph e of subdivision one of this
33 section. Such increases to longevity steps by eligible officers or
34 employees shall become effective on the first day of the payroll period
35 which next begins following the anniversary date which satisfies the
36 prescribed service requirements.
37 (ii) Officers] Notwithstanding any inconsistent provision of law,
38 officers and employees to whom paragraph [(e)] e of subdivision one of
39 this section [apply] applies who, on or after April first, two thousand
40 ten, on their anniversary date have five or more years of continuous
41 service as defined by paragraph (c) of subdivision three of this section
42 at a basic annual salary rate equal to or in excess of the job rate or
43 maximum salary of their salary grade, shall receive a lump sum payment
44 in the amount of one thousand two hundred fifty dollars. Effective
45 April first, two thousand nineteen, such lump sum payment shall increase
46 to one thousand five hundred dollars. Officers and employees to whom
47 paragraph e of subdivision one of this section applies who, on or after
48 April first, two thousand ten, on their anniversary date have ten or
49 more years of continuous service as defined by paragraph (c) of subdivi-
50 sion three of this section at a basic annual salary rate equal to or in
51 excess of the job rate or maximum salary of their salary grade shall
52 receive a lump sum payment in the amount of two thousand five hundred
53 dollars. Effective April First, two thousand nineteen, such lump sum
54 payment shall be increased to three thousand dollars.
55 Officers and employees to whom paragraph e of subdivision one of this
56 section applies who, on or after April first, two thousand twenty, on
S. 8498 6
1 their anniversary date have fifteen or more years of continuous service
2 as defined by paragraph (c) of subdivision three of this section at a
3 basic annual salary rate equal to or in excess of the job rate or maxi-
4 mum salary of their salary grade shall receive a lump sum payment in the
5 amount of four thousand five hundred dollars.
6 Such lump sum payment shall be in addition to and not part of the
7 employee's basic annual salary, provided however that any amount payable
8 herein shall be included as compensation for overtime and retirement
9 purposes.
10 Such lump sum payment shall be payable in April of each fiscal year,
11 or as soon as practicable thereafter, for those eligible employees who
12 have achieved five or more, [or] ten or more or fifteen or more years of
13 continuous service as defined by paragraph (c) of subdivision three of
14 this section at a basic annual salary rate equal to or in excess of the
15 job rate or maximum salary of their salary grade during the period Octo-
16 ber first through March thirty-first of the previous fiscal year. Such
17 payment shall be payable in October of each fiscal year, or as soon as
18 practicable thereafter, for those eligible employees who have achieved
19 five or more, [or] ten or more or fifteen or more years of continuous
20 service as defined by paragraph (c) of subdivision three of this section
21 at a basic annual salary rate equal to or in excess of the job rate or
22 maximum salary of their salary grade during the period April first
23 through September thirtieth of that same fiscal year. All compensation
24 already included in an employee's basic annual salary [pursuant to
25 subparagraph (i) of this paragraph] shall remain included in such basic
26 annual salary.
27 [(d)] (c) Notwithstanding the provisions of [paragraphs] paragraph (b)
28 [and (c)] of this subdivision, officers and employees otherwise eligible
29 to receive the longevity payments provided by [paragraphs] paragraph (b)
30 [and (c)] of this subdivision who, on their eligibility date, are serv-
31 ing in a higher graded position (i) on a temporary basis or on a proba-
32 tionary or a permanent basis and subsequently fail the probationary
33 period or accept a voluntary demotion which is not a consequence or
34 settlement of a disciplinary action or are demoted as a result of the
35 abolition of positions and (ii) return to a position in a lower salary
36 grade and (iii) remain in such lower salary grade for at least six
37 payroll periods shall be eligible for such longevity payments.
38 [(e)] (d) Officers and employees to whom the provisions of this subdi-
39 vision apply who were serving at an annual salary rate in excess of the
40 job rate of their salary grade as of March thirty-first, nineteen
41 hundred eighty-five, shall be deemed to have been paid at the annual
42 salary rate equal to or above the job rate for their salary grade for a
43 period of five years for the purpose of determining fulfillment of the
44 service requirements specified in [paragraphs] paragraph (b) [and (c)]
45 of this subdivision. The provisions of this paragraph apply solely for
46 the purpose of implementation of the provisions of [paragraphs] para-
47 graph (b) [and (c)] of this subdivision.
48 [(f)] (e) Officers and employees to whom the provisions of this subdi-
49 vision apply who were serving at an annual salary rate equal to or in
50 excess of the job rate or maximum salary of the salary grade of their
51 position and who were appointed or promoted to a position of equivalent
52 or higher salary grade at an annual salary rate equal to or in excess of
53 the job rate or maximum salary of the salary grade of their position
54 shall be entitled to have such service in each such position considered
55 as eligible service in determining fulfillment of the service require-
S. 8498 7
1 ments specified in [paragraphs] paragraph (b) [and (c)] of this subdivi-
2 sion.
3 [(g)] (f) Notwithstanding any foregoing provisions of this subdivision
4 to the contrary, officers and employees to whom the provisions of this
5 subdivision apply who were serving at an annual salary rate equal to or
6 in excess of the job rate or maximum salary of the salary grade of their
7 position and whose annual salary rate was subsequently less than the job
8 rate or maximum salary of their position as a result of the mechanics of
9 salary computation upon reallocation, shall, solely for the purpose of
10 [paragraphs] paragraph (b) [and (c)] of this subdivision, be entitled to
11 have service at such lower salary rate deemed to be service at the job
12 rate and considered as eligible service in determining fulfillment of
13 the service requirements specified in [paragraphs] paragraph (b) [and
14 (c)] of this subdivision provided the actual annual salary rate of such
15 officers or employees is equal to or in excess of the job rate on March
16 thirty-first, two thousand three, or on their anniversary dates for the
17 purpose of paragraph [(c)] (b) of this subdivision.
18 § 3. Subdivision 2 of section 131 of the civil service law is amended
19 by adding a new paragraph (j) to read as follows:
20 (j) Notwithstanding any inconsistent provision of law, officers and
21 employees to whom paragraphs a and e of subdivision one of section one
22 hundred thirty of this title apply, who are promoted, appointed or
23 otherwise advanced to a position in a higher salary shall receive the
24 percentage increase in basic annual salary as provided in this subdivi-
25 sion or a basic annual salary equal to the hiring rate of such higher
26 grade which is in effect at the time of promotion, whichever results in
27 a higher annual salary. Effective April first, two thousand twenty, for
28 the purposes of such calculation, where the terms of an agreement nego-
29 tiated pursuant to article fourteen of this chapter applicable to such
30 officers and employees so provide, the amount of longevity paid to such
31 employee being promoted, appointed or advanced shall be considered as
32 part of basic annual salary.
33 § 4. Compensation for certain state officers and employees in collec-
34 tive negotiating units. 1. The provisions of this section shall apply
35 to full-time officers and employees in the collective negotiating unit
36 designated as the rent regulation services negotiating unit.
37 2. Effective April 7, 2016, the basic annual salary of officers and
38 employees in full-time employment status on the day before such payroll
39 period shall be increased by two percent adjusted to the nearest whole
40 dollar amount.
41 3. Effective April 6, 2017, the basic annual salary of officers and
42 employees in full-time employment status on the day before such payroll
43 period shall be increased by two percent adjusted to the nearest whole
44 dollar amount.
45 4. Effective April 5, 2018, the basic annual salary of officers and
46 employees in full-time employment status on the day before such payroll
47 period shall be increased by two percent adjusted to the nearest whole
48 dollar amount.
49 5. Effective April 4, 2019, the basic annual salary of officers and
50 employees in full-time employment status on the day before such payroll
51 period shall be increased by two percent adjusted to the nearest whole
52 dollar amount.
53 6. Effective April 2, 2020, the basic annual salary of officers and
54 employees in full-time employment status on the day before such payroll
55 period shall be increased by two percent adjusted to the nearest whole
56 dollar amount.
S. 8498 8
1 7. Notwithstanding the provisions of subdivisions two, three, four,
2 five and six of this section, if the basic annual salary of an officer
3 or employee to whom the provisions of this section apply is identical
4 with the hiring rate, job rate, or step 1, 2, 3, 4, 5, or 6 of the sala-
5 ry grade of his or her position on the effective dates of the increases
6 provided in these subdivisions, such basic annual salary shall be
7 increased to the hiring rate, step 1, 2, 3, 4, 5, 6, or job rate,
8 respectively, of such salary grade as contained in the appropriate sala-
9 ry schedules in subparagraphs 1, 2, 3, 4 and 5 of paragraph e of subdi-
10 vision 1 of section 130 of the civil service law, as added by section
11 one of this act, to take effect on the dates provided in subparagraphs
12 1, 2, 3, 4 and 5 of such paragraph, respectively. The increases in basic
13 annual salary provided by this subdivision shall be in lieu of any
14 increase in basic annual salary provided for in subdivisions two, three,
15 four, five and six of this section.
16 8. Advancement within salary grade. Payments pursuant to the
17 provisions of subdivision 6 of section 131 of the civil service law for
18 officers and employees entitled to such payments to whom the provisions
19 of this section apply shall be payable in accordance with the terms of
20 an agreement reached pursuant to article 14 of the civil service law
21 between the state and an employee organization representing employees in
22 the collective negotiating unit designated as the rent regulation
23 services negotiating unit.
24 9. If an unencumbered position is one which if encumbered, would be
25 subject to the provisions of this section, the salary of such position
26 shall be increased by the salary increase amounts specified in this
27 section. If a position is created, and filled by the appointment of an
28 officer or employee who is subject to the provisions of this section,
29 the salary otherwise provided for such position shall be increased in
30 the same manner as though such position had been in existence but unen-
31 cumbered. Notwithstanding the provisions of this section, the director
32 of the budget may reduce the salary of any such position which is or
33 becomes vacant.
34 10. The increases in salary provided in subdivisions two, three, four,
35 five and six of this section shall apply on a prorated basis to officers
36 and employees, otherwise eligible to receive an increase in salary, who
37 are paid on an hourly or per diem basis, employees serving on a part-
38 time or seasonal basis and employees paid on any basis other than at an
39 annual salary rate. Notwithstanding the foregoing, the provisions of
40 subdivisions seven and eight of this section shall not apply to employ-
41 ees serving on a seasonal basis, except as determined by the director of
42 the budget.
43 11. In order to provide for the officers and employees to whom this
44 section applies who are not allocated to salary grades, increases and
45 payments pursuant to subdivision eight of this section in proportion to
46 those provided to persons to whom this section applies who are allocated
47 to salary grades, the director of the budget is authorized to add appro-
48 priate adjustments and/or payments to the compensation which such offi-
49 cers and employees are otherwise entitled to receive. The director of
50 the budget shall issue certificates which shall contain schedules of
51 positions and the salaries and/or payments thereof for which adjustments
52 and/or payments are made pursuant to the provisions of this subdivision,
53 and a copy of each such certificate shall be filed with the state comp-
54 troller, the state department of civil service, the chairman of the
55 senate finance committee and the chairman of the assembly ways and means
56 committee.
S. 8498 9
1 12. Notwithstanding any of the foregoing provisions of this section,
2 the provisions of this section shall not apply to officers or employees
3 paid on a fee schedule basis.
4 13. Notwithstanding any of the foregoing provisions of this section
5 except subdivision one, any increase in compensation for any officer or
6 employee appointed to a lower graded position from a redeployment list
7 pursuant to subdivision 1 of section 79 of the civil service law who
8 continues to receive his or her former salary pursuant to such subdivi-
9 sion shall be determined on the basis of such lower graded position
10 provided, however, that the increases in salary provided in subdivisions
11 two, three, four, five and six of this section shall not cause such
12 officer's or employee's salary to exceed the job rate of such lower
13 graded position.
14 14. Notwithstanding any of the foregoing provisions of this section or
15 any law to the contrary, any increase in compensation may be withheld in
16 whole or in part from any employee to whom the provisions of this
17 section are applicable when, in the opinion of the director of the budg-
18 et and the director of employee relations, such increase is not
19 warranted or is not appropriate for any reason.
20 § 5. Location compensation for certain state officers and employees in
21 collective negotiating units. Notwithstanding any inconsistent
22 provisions of law, officers and employees, including seasonal officers
23 and employees who shall receive the compensation provided for pursuant
24 to this section on a pro-rated basis, except part-time officers and
25 employees, in the collective negotiating unit designated as the rent
26 regulation services negotiating unit, whose principal place of employ-
27 ment or, in the case of a field employee, whose official station as
28 determined in accordance with the regulations of the comptroller, is
29 located in the city of New York, or in the county of Rockland, Westches-
30 ter, Nassau or Suffolk shall continue to receive a downstate adjustment
31 at the annual rate of three thousand twenty-six dollars. Such location
32 payments shall be in addition to and shall not be a part of an officer's
33 or employee's basic annual salary, and shall not affect or impair any
34 performance advancements or other rights or benefits to which an officer
35 or employee may be entitled by law, provided, however, that location
36 payments shall be included as compensation for purposes of computation
37 of overtime pay and for retirement purposes.
38 § 6. Notwithstanding any inconsistent provision of law, where and to
39 the extent that any agreement between the state and an employee organ-
40 ization entered into pursuant to article 14 of the civil service law so
41 provides on behalf of employees in the collective negotiating unit
42 designated as the rent regulation services negotiating unit, 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 § 7. 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 31 and 33 of the collective negotiating
53 agreement between the state and the employee organization representing
54 the collective negotiating unit designated as the rent regulation
55 services negotiating unit.
S. 8498 10
1 § 8. During the period April 2, 2016 through April 1, 2021, there
2 shall be labor-management committees continued, administered and created
3 pursuant to the terms of the agreement negotiated between the state and
4 an employee organization representing employees in the collective nego-
5 tiating unit designated as the rent regulation services negotiating unit
6 established pursuant to article 14 of the civil service law which shall,
7 after April 2, 2016, have the responsibility for discussing and attempt-
8 ing to resolve matters of mutual concern and implementing any agreements
9 reached.
10 § 9. The salary increases, benefit modifications, and any other
11 modifications to the terms and conditions of employment provided for by
12 this act for state employees in the collective negotiating unit desig-
13 nated as the rent regulations services negotiating unit established
14 pursuant to article 14 of the civil service law shall not be implemented
15 until the director of employee relations shall have delivered to the
16 director of the budget and the comptroller a letter certifying that
17 there is in effect with respect to such negotiating unit a collectively
18 negotiated agreement, ratified by the membership, which provides for
19 such increases and modifications and which are fully executed in writing
20 with the state pursuant to article 14 of the civil service law.
21 § 10. Use of appropriations. The comptroller is authorized to pay any
22 amounts required during the fiscal year commencing April 1, 2018 by the
23 foregoing provisions of this act for any state department or agency from
24 any appropriation or other funds available to such state department or
25 agency for personal service or for other related employee benefits
26 during such fiscal year. To the extent that such appropriations in any
27 fund are insufficient to accomplish the purposes herein set forth, the
28 director of the budget is authorized to allocate to the various depart-
29 ments and agencies, from any appropriations available in any fund, the
30 amounts necessary to pay such amounts.
31 § 11. Effect of participation in special annuity program. No officer
32 or employee participating in a special annuity program pursuant to the
33 provisions of article 8-C of the education law shall, by reason of an
34 increase in compensation pursuant to this act, suffer any reduction of
35 the salary adjustment to which he or she would otherwise be entitled by
36 reason of participation in such program, and such salary adjustment
37 shall be based upon the salary of such officer or employee without
38 regard to the reduction authorized by such article.
39 § 12. Deferred payment of salary increase. Notwithstanding the
40 provisions of any other section of this act, or any other law, pending
41 payment pursuant to this act of the basic annual salaries of incumbents
42 of positions subject to this act, such incumbents shall receive, as
43 partial compensation for services rendered, the rate of compensation
44 otherwise payable in their respective positions. An incumbent holding a
45 position subject to this act at any time during the period from April 1,
46 2016, until the time when basic annual salaries are first paid pursuant
47 to this act for such services in excess of the compensation actually
48 received therefor, shall be entitled to a lump sum payment for the
49 difference between the salary to which such incumbent is entitled for
50 such services and the compensation actually received therefor. Such
51 lump sum payment shall be made as soon as practicable.
52 § 13. Notwithstanding any provision of the state finance law or any
53 other provision of law to the contrary, the sum of four million five
54 hundred thousand dollars ($4,500,000) is hereby appropriated in the
55 general fund/state purposes account (10050) in miscellaneous-all state
56 departments and agencies solely for apportionment/transfer by the direc-
S. 8498 11
1 tor of the budget for use by any state department or agency in any fund
2 for the fiscal year beginning April 1, 2018 through March 31, 2019 to
3 supplement appropriations for personal service, other than personal
4 service and fringe benefits, and to carry out the provisions of this
5 act. No money shall be available for expenditure from this appropriation
6 until a certificate of approval has been issued by the director of the
7 budget and a copy of such certificate or any amendment thereto has been
8 filed with the state comptroller, the chair of the senate finance
9 committee and the chair of the assembly ways and means committee. The
10 monies hereby appropriated are available for payment of any liabilities
11 or obligations incurred prior to or during the state fiscal year
12 commencing April 1, 2016 through March 31, 2019. For this purpose, these
13 appropriations shall remain in full force and effect for the payment of
14 liabilities incurred on or before March 31, 2019.
15 § 14. The several amounts as hereinafter set forth, or so much thereof
16 as may be necessary, are hereby appropriated from the fund so designated
17 for use by any state department or agency for the fiscal year beginning
18 April 1, 2018 through March 31, 2019 to supplement appropriations from
19 each respective fund available for personal service, other than personal
20 service and fringe benefits, and to carry out the provisions of this
21 act. The monies hereby appropriated are available for payment of any
22 liabilities or obligations incurred prior to or during the state fiscal
23 year commencing April 1, 2016 through March 31, 2019. No money shall be
24 available for expenditure from this appropriation until a certificate of
25 approval has been issued by the director of the budget and a copy of
26 such certificate or any amendment thereto has been filed with the state
27 comptroller, the chair of the senate finance committee, and the chair of
28 the assembly ways and means committee.
29 ALL STATE DEPARTMENTS AND AGENCIES
30 SPECIAL PAY BILLS
31 General Fund/State Operations
32 State Purposes Account - 003
33 Non-Personal Service
34 Joint Committee on Health Benefits ............... $18,000
35 Employee Assistance Program/Work-Life
36 Services ....................................... $44,000
37 Employee Development and Training ............... $201,000
38 Statewide Performance Rating Committee ............ $3,000
39 Time & Attendance Umpire Process Admin ............ $3,000
40 Disciplinary Panel Administration ................. $3,000
41 Contract Administration ........................... $3,000
42 Employee Benefit Fund ........................... $455,000
43 § 15. This act shall take effect immediately and shall be deemed to
44 have been in full force and effect on and after April 2, 2016. Appropri-
45 ations made by this act shall remain in full force and effect for
46 liabilities incurred through March 31, 2019.