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S08805 Summary:

S08805 Actions:

S08805 Committee Votes:

S08805 Floor Votes:

S08805 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8805
 
                    IN SENATE
 
                                      May 18, 2018
                                       ___________
 
        Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
          when printed to be committed to the Committee on Rules
 
        AN ACT to amend the  public  authorities  law,  in  relation  to  salary
          adjustments according to plan and step-ups or increments
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Paragraph (a) of subdivision  3  of  section  3669  of  the
     2  public  authorities  law, as added by chapter 84 of the laws of 2000, is
     3  amended to read as follows:
     4    (a) During a control period, upon a finding by the  authority  that  a
     5  wage  freeze  is  essential  to  the adoption or maintenance of a county
     6  budget or a financial plan that is in compliance with  this  title,  the
     7  authority,  after  enactment  of  a resolution so finding, may declare a
     8  fiscal crisis. Upon making such a declaration, the  authority  shall  be
     9  empowered to order that all increases in salary or wages of employees of
    10  the county and employees of covered organizations which will take effect
    11  after  the  date  of  the order pursuant to collective bargaining agree-
    12  ments, other analogous contracts or interest arbitration awards, now  in
    13  existence  or hereafter entered into, requiring such salary increases as
    14  of any date thereafter are suspended. Such order may also  provide  that
    15  all increased payments for holiday and vacation differentials, and shift
    16  differentials[,  salary  adjustments  according  to plan and step-ups or
    17  increments] for employees of the county and employees of covered  organ-
    18  izations  which will take effect after the date of the order pursuant to
    19  collective bargaining agreements, other analogous contracts or  interest
    20  arbitration  awards  requiring  such  increased  payments as of any date
    21  thereafter are, in the same  manner,  suspended.  Such  order  may  also
    22  provide  that all increased payments for salary adjustments according to
    23  plan and step-ups or increments be suspended;  provided,  however,  when
    24  (i) the county executive provides a four year financial plan approved by
    25  the  county  legislature pursuant to paragraph (a) of subdivision two of
    26  section thirty-six hundred sixty-seven of this title and  the  authority
    27  determines,  pursuant  to  paragraph  (b) of such subdivision, that such
    28  financial plan is complete and complies with the standards set forth  in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11662-02-8
        S. 8805                             2
 
     1  such  subdivision,  and  (ii) the authority makes a certification to the
     2  county setting forth revenue estimates agreed to  by  the  authority  in
     3  accordance  with such determination, the salary adjustments according to
     4  plan and step-ups or increments, not including cost of living increases,
     5  shall  not  be  suspended for each year in which the four year financial
     6  plan has been certified. This section  shall  be  applicable  to  county
     7  employees  and  employees  of covered organizations, whether or not they
     8  are covered by a collectively negotiated  agreement,  if  an  individual
     9  employee  or members of an employee's bargaining unit previously partic-
    10  ipated in a wage freeze implemented by the authority under this  section
    11  and  such  wage  freeze  was subsequently lifted by the authority by the
    12  issuance of a resolution, pursuant to paragraph (b) of subdivision three
    13  of section thirty-six hundred sixty-nine of this title, certifying  that
    14  the suspension of their wage increases or an agreement by the collective
    15  bargaining  representative  or  by  such  unrepresented  employee was an
    16  acceptable and appropriate contribution toward  alleviating  the  fiscal
    17  crisis  of the county. For the purposes of computing the pension base of
    18  retirement allowances, any suspended salary or wage  increases  and  any
    19  suspended other payments shall not be considered as part of compensation
    20  or  final  compensation  or  of  annual  salary  earned or earnable. The
    21  suspensions authorized hereunder shall continue until one year after the
    22  date of the order and, to the extent of any determination of the author-
    23  ity that a continuation of such suspensions, to a date specified by  the
    24  authority, is necessary in order to achieve the objectives of the finan-
    25  cial  plan, such suspensions shall be continued to the date specified by
    26  the authority, which date shall in no event be later than the end of the
    27  interim finance period, provided that such suspensions  shall  terminate
    28  with  respect  to  employees  who have agreed to a deferral of salary or
    29  wage increase upon the certification of the agreement by  the  authority
    30  pursuant to paragraph (b) of this subdivision.
    31    §  2.  This  act  shall take effect immediately and shall be deemed to
    32  have been in full force and effect on and after October 1, 2016.