Rpld & add §130 sub 1 ¶h, Civ Serv L; amd §207-d, St Fin L
 
Relates to compensation, benefits and other terms and conditions of employment of members of the agency police services unit; relates to the employee benefit fund for certain members of the agency police services unit; implements an agreement or interest arbitration award between the state and the employee organization representing the members of the agency police services unit; makes an appropriation for the purpose of effectuating certain provisions thereof.
STATE OF NEW YORK
________________________________________________________________________
8889
IN SENATE
August 7, 2020
___________
Introduced by Sens. GOUNARDES, SAVINO, STAVISKY -- (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 members of
the agency police services unit; to amend the state finance law, in
relation to the employee benefit fund for certain members of the agen-
cy police services unit; to implement an agreement or interest arbi-
tration award between the state and the employee organization repres-
enting the members of the agency police services unit; making an
appropriation for the purpose of effectuating certain provisions ther-
eof; and to repeal certain provisions of the civil service law relat-
ing thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph h of subdivision 1 of section 130 of the civil
2 service law is REPEALED and a new paragraph h is added to read as
3 follows:
4 h. Pursuant to the terms of an agreement entered into, or an interest
5 arbitration award issued, pursuant to article fourteen of the civil
6 service law between the state and an employee organization covering
7 members of the collective negotiating unit designated as the agency
8 police services unit, effective on the dates indicated, salary grades
9 for such unit members shall be as follows:
10 (1) Effective April first, two thousand fifteen:
11 Perf.Perf.Perf.Perf.Perf.Long
12 Ad-Ad-Ad-Ad-Ad-Max.
13 Hir-vancevancevancevancevance10 Yr15 Yr20 Yr25 Yr
14 ingStepStepStepStepStepJobPerf.LongLongLongLong
15 SGRate12345RateAdv.StepStepStepStep
16 128663296713067931687326953370334711100836218377244064442151
17 229540306023166432726337883485035912106237506391014210643703
18 330764318723298034088351963630437412110839075407374381345477
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12056-01-0
S. 8889 4
1 ingStepStepStepStepStepJobPerf.LongLongLongLong
2 SGRate12345RateAdv.StepStepStepStep
3 130417314873255733627346973576736837107038436400344313344733
4 231349324763360334730358573698438111112739803414954468446379
5 332647338233499936175373513852739703117641468432324649648262
6 433896351373637837619388604010141342124143199450574840950262
7 535272365763788039184404884179243096130445049470025045252405
8 636863382333960340973423434371345083137047140491975275354811
9 738672401004152842956443844581247240142849378515165515357291
10 840579420624354545028465114799449477148351699539195764059865
11 942570441164566247208487545030051846154654171564946031462634
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13 1147066487595045252145538385553157224169359758622896632568860
14 1249410511775294454711564785824560012176762663653146946572116
15 1352069539145575957604594496129463139184565900686617292375684
16 1454781567165865160586625216445666391193569284721757657079463
17 1557651596646167763690657036771669729201372743757568027083282
18 1660628627306483266934690367113873240210276391795428418787335
19 1763761659766819170406726217483677051221580365836798849291807
20 1867109694347175974084764097873481059232584542880269301296499
21 19705007292975358777878021682645850742429887129235097485101-
22 123
23 207386676403789408147784014865518908825379289696704102-105-
24 005814
25 2177575802218286785513881599080593451264697420101-106-110-
26 391853820
27 22814608426387066898699267295475982782803102-106-112-116-
28 474669362559
29 238560088481913629424397124100-102-2881107-111-117-121-
30 005886209533353675
31 2489962929519594098929101-104-107-2989112-116-122-127-
32 918907896376857839319
33 259470797825100-104-107-110-113-3118118-122-128-133-
34 943061179297415089763931603
35 § 2. Section 207-d of the state finance law, as added by chapter 114 of
36 the laws of 2006, paragraph (b) of subdivision 1 as amended by chapter 3
37 of the laws of 2007 and subdivision 2 as amended by chapter 15 of the
38 laws of 2012, is amended to read as follows:
39 § 207-d. Employee benefit fund; agency [law enforcement] police
40 services unit. 1. As used in this section, unless otherwise expressly
41 stated:
42 (a) "Director" shall mean the director of employee relations.
43 (b) "Employee" shall mean any person serving on a full-time annual
44 salaried basis in the service of the state of New York who is appointed
45 to and serving in a position in the collective negotiating unit desig-
46 nated as the agency [law enforcement] police services unit and is a
47 police officer pursuant to subdivision thirty-four of section 1.20 of the
48 criminal procedure law [or a forest ranger 1 or a forest ranger 2].
49 2. Where and to the extent that an agreement between the state and an
50 employee organization entered into pursuant to article fourteen of the
51 civil service law or an interest arbitration award issued pursuant to
52 subdivision four of section two hundred nine of the civil service law
53 between the state and an employee organization so provides on behalf of
54 employees in the collective negotiating unit designated as the agency
55 police services unit established pursuant to article fourteen of the
56 civil service law, and upon audit and warrant of the comptroller, the
S. 8889 5
1 director shall provide for the payment of moneys to such employee organ-
2 ization for the establishment and maintenance of an employee benefit fund
3 established by the employee organization for the employees in the negoti-
4 ating unit covered by the controlling provision of such agreement or
5 award providing for such employee benefit fund, such amount to be deter-
6 mined consistent with said agreement or award on the basis of the number
7 of full-time annual salaried employees, as determined by the comptroller,
8 [on the payroll on March first, two thousand eleven for payments to be
9 made on April first, two thousand eleven, on the payroll on March first,
10 two thousand twelve for payments to be made on April first, two thousand
11 twelve, on the payroll on March first, two thousand thirteen for payments
12 to be made on April first, two thousand thirteen, and on the payroll on
13 March first, two thousand fourteen for payments to be made on April
14 first, two thousand fourteen] on the payroll on March first, two thousand
15 fifteen for payments to be made on April first, two thousand fifteen, on
16 the payroll on March first, two thousand sixteen for payments to be made
17 on April first, two thousand sixteen, on the payroll on March first, two
18 thousand seventeen for payments to be made on April first, two thousand
19 seventeen, and on the payroll on March first, two thousand eighteen for
20 payments to be made on April first, two thousand eighteen. The amount,
21 which will be determined pursuant to this section, for employees who are
22 paid from special or administrative funds, other than the general fund or
23 the capital projects fund of the state, will be paid from the appropri-
24 ations as provided by law, in which case the comptroller will establish
25 procedures to ensure repayment from said special or administrative funds.
26 The director shall enter into an agreement with an employee organization
27 which sets forth the specific terms and conditions for the establishment
28 and administration of an employee benefit fund as a condition for the
29 transmittal of moneys pursuant to this section.
30 3. Such employee organization shall periodically as specified by the
31 director, supply a description of the benefits purchased or provided by
32 the employee benefit fund, the utilization experience of the benefit
33 fund, the amount disbursed for or the cost of such benefits and such
34 other information as may be requested by the director.
35 4. The employee organization shall report to the comptroller, in the
36 form and manner as he or she may direct, the amount it expended for the
37 purchase of or providing for such benefits for any period specified by
38 the comptroller. The comptroller is hereby authorized to audit the books
39 of the employee organization with respect to any moneys transmitted to it
40 pursuant to this section.
41 5. Neither the state nor any officer or employee of the state shall be
42 a party to any contract or agreement entered into by any employee organ-
43 ization providing for benefits purchased in whole or in part with moneys
44 transmitted to such employee organization pursuant to this section. No
45 benefit provided pursuant to such contracts or agreements shall be paya-
46 ble by the state and all such benefits shall be paid by the responsible
47 parties to such agreements or contracts pursuant to the terms and condi-
48 tions of such agreements or contracts. The employee organization shall be
49 a fiduciary with respect to the employee benefit fund established pursu-
50 ant to this section.
51 6. Nothing in this section shall be deemed to diminish, impair or
52 reduce any benefit otherwise payable to any employee established or
53 authorized by law, rule or regulation by reason of such employee's lack
54 of eligibility to participate in any benefit program established by an
55 employee organization pursuant to this section.
S. 8889 6
1 7. In the event it is determined that the moneys transmitted to an
2 employee organization pursuant to this section is income for which
3 payroll deductions are required for income tax withholdings from the
4 salary or wages of employees pursuant to law, the comptroller shall
5 determine the amount of such withholdings required and deduct the amount
6 so required to be withheld from the salary or wages of the employees
7 concerned.
8 8. The employee organization shall indemnify the state for any claims
9 whatsoever paid by it arising from the establishment, administration or
10 discontinuation of any employee benefit provided pursuant to this
11 section, together with reasonable costs of litigation arising therefrom.
12 9. Insofar as the provisions of this section are inconsistent with the
13 provisions of any other law, general or special, the provisions of this
14 section shall be controlling.
15 § 3. Compensation for members of the collective negotiating unit desig-
16 nated as agency police services unit pursuant to an agreement between the
17 state of New York and the employee organization representing such indi-
18 viduals or an interest arbitration award binding the state of New York
19 and the employee organization representing such individuals.
20 1. The provisions of this section shall apply to all full-time officers
21 and employees in the collective negotiating unit designated as the agency
22 police services unit established pursuant to article fourteen of the
23 civil service law.
24 2. Effective April 1, 2015, the basic annual salary of all members of
25 the agency police services unit who were in full-time annual salaried
26 employment status on March 31, 2015 shall be increased by two percent.
27 3. Effective April 1, 2016, the basic annual salary of all members of
28 the agency police services unit who were in full-time annual salaried
29 employment status on March 31, 2016 shall be increased by two percent.
30 4. Effective April 1, 2017, the basic annual salary of all members of
31 the agency police services unit who were in full-time annual salaried
32 employment status on March 31, 2017 shall be increased by two percent.
33 5. Effective April 1, 2018, the basic annual salary of all members of
34 the agency police services unit who were in full-time annual salaried
35 employment status on March 31, 2018 shall be increased by two percent.
36 6. Advancement within salary grade. Payments pursuant to the provisions
37 of subdivision 6 of section 131 of civil service law for members of the
38 agency police services unit shall be payable pursuant to the terms of an
39 agreement between the state and an employee organization representing
40 employees subject to the provisions of this section.
41 7. Effective April 1, 2015, pursuant to the terms of an agreement
42 covering members of the agency police services unit, for such unit
43 members who are on the institutional payroll, the ten-year, the fifteen-
44 year, the twenty-year, and the twenty-five-year longevity step payment
45 for such unit members to whom the provisions of this section apply shall
46 be that amount prescribed by paragraph h of subdivision 1 of section 130
47 of the civil service law, as added by section one of this act.
48 8. Notwithstanding any of the foregoing provisions of this section, if
49 the basic annual salary of such unit members to whom the provisions of
50 this section apply is identical with the hiring rate, performance advance
51 step one, two, three, four or five, the job rate, the ten-year longevity
52 step, the fifteen-year longevity step, the twenty-year longevity step or
53 the twenty-five-year longevity step of his or her position on the effec-
54 tive dates of the increases provided in this section, such basic annual
55 salary shall be increased to the hiring rate, performance advance step
56 one, two, three, four or five, the job rate, the ten-year longevity step,
S. 8889 7
1 the fifteen-year longevity step, the twenty-year longevity step or the
2 twenty-five-year longevity step, respectively, of such salary grade as
3 contained in the appropriate salary schedule in subparagraphs (1), (2),
4 (3), and (4) of paragraph h of subdivision 1 of section 130 of the civil
5 service law, as added by section one of this act, to take effect on the
6 dates provided in subparagraphs (1), (2), (3), and (4), respectively.
7 The increases in basic annual salary provided by this subdivision shall
8 be in lieu of any increase in basic annual salary provided for in subdi-
9 visions two, three, four and five of this section.
10 9. If an unencumbered position is one which if encumbered, would be
11 subject to the provisions of this section, the salary of such position
12 shall be increased by the salary increase amounts specified in this
13 section. If a position is created and is filled by the appointment of
14 such unit members to whom the provisions of this section apply, the sala-
15 ry otherwise provided for such position shall be increased in the same
16 manner as though such position had been in existence but unencumbered.
17 Notwithstanding the provisions of this section, the director of the budg-
18 et may reduce the salary of any such position, which is or becomes
19 vacant.
20 10. The increases in salary payable pursuant to this section shall
21 apply on a prorated basis to officers and employees, otherwise eligible
22 to receive an increase in salary pursuant to this section, who are paid
23 on an hourly or per diem basis, employees serving on a part-time or
24 seasonal basis and employees paid on any basis other than at an annual
25 salaried rate; except that the provisions of subdivision eleven, twelve,
26 or thirteen of this section shall not apply to employees serving on an
27 hourly, per diem, or seasonal basis, except as determined by the director
28 of the budget.
29 11. Notwithstanding any other provision of this section, the provisions
30 of this section shall not apply to officers or employees paid on a fee
31 schedule basis.
32 12. In order to provide for the officers and employees to whom this
33 section applies who are not allocated to salary grades, performance
34 advancements and payments in proportion to those provided to persons to
35 whom this section applies who are allocated to salary grades, the direc-
36 tor of the budget is authorized to add appropriate adjustments to the
37 compensation which such officers and employees are otherwise entitled to
38 receive. The director of the budget shall issue certificates which shall
39 contain schedules of positions and the salaries thereof for which adjust-
40 ments are made pursuant to the provisions of this subdivision, and a copy
41 of each such certificate shall be filed with the state comptroller, the
42 department of civil service, the chairman of the senate finance committee
43 and the chairman of the assembly ways and means committee.
44 13. Notwithstanding any of the foregoing provisions of this section,
45 any increase in compensation may be withheld in whole or in part from any
46 such unit members to whom the provisions of this section apply when, in
47 the opinion of the director of the division of the budget and the direc-
48 tor of employee relations, such increase is not warranted or is not
49 appropriate.
50 § 4. Additional compensation for certain members of the agency police
51 services collective negotiating unit. 1. In recognition of the general
52 requirement for full-time employees of the state in the agency police
53 services unit to assemble for briefing prior to the commencement of
54 duties, where and to the extent an agreement so provides, each such
55 employee except such an employee receiving additional compensation pursu-
56 ant to subdivision 5 of section 134 of the civil service law, shall
S. 8889 8
1 continue to receive additional compensation in recognition of pre-shift
2 briefing at one and one-half times the hourly rate of pay provided for by
3 subdivision 1 of section 134 of the civil service law and the rules and
4 regulations of the director of the budget.
5 2. Members of the agency police services collective negotiating unit
6 who are full-time annual salaried and are police officers pursuant to
7 subdivision 34 of section 1.20 of the criminal procedure law, who are
8 required, authorized and actually assemble for pre-shift briefing or line
9 up before the commencement of their regular tour of duty shall continue
10 to be paid for pre-shift briefing. However, employees of the department
11 of environmental conservation who do not physically line up shall be paid
12 the equivalent of pre-shift compensation for vehicle, equipment, office
13 maintenance, and the handling of phone calls and home visitations
14 received and instigated outside of the regular workday. This payment
15 supplants any payments made to such employees for equipment storage.
16 There shall be no payment of pre-shift briefing for any day in which any
17 employee who is a member of the agency police services unit, full-time
18 annual salaried and a police officer pursuant to subdivision 34 of
19 section 1.20 of the criminal procedure law is not physically reporting to
20 work. There shall be no change in the payment for pre-shift briefing for
21 all other members of the agency police services unit.
22 3. Any such additional compensation pursuant to this section shall be
23 paid in addition to and shall not be a part of such employee's basic
24 annual salary and shall not be included as compensation for the purposes
25 of computation of overtime pay, provided, however, that such additional
26 compensation shall be included for retirement purposes. Notwithstanding
27 the foregoing provisions of this section or of any other law, such addi-
28 tional compensation as added by this section shall be in lieu of the
29 continuation of any other additional compensation for such unit members
30 in recognition of pre-shift briefing.
31 § 5. Clothing allowance. Effective April 1, 2015, pursuant to the terms
32 of an agreement covering members of the agency police services collective
33 negotiating unit who are full-time annual salaried and are classified as
34 investigators or detectives, in recognition of the general requirement
35 for such unit members to whom the provisions of this section apply to
36 wear professional attire, each such employee who is on the payroll on the
37 first day of November preceding the annual effective date shall continue
38 to receive a clothing allowance at a rate of four hundred dollars per
39 year effective December 1, 2011.
40 § 6. Location pay. 1. Pursuant to the terms of an agreement covering
41 members of the agency police services collective negotiating unit, and
42 notwithstanding any inconsistent provision of law, effective April 1,
43 2015, all members of this unit who are full-time annual salaried employ-
44 ees and whose principal place of employment, or, in the case of a field
45 employee, whose official station is determined in accordance with the
46 regulations of the state comptroller, is located in the city of New York,
47 or in the county of Rockland, Westchester, Nassau, or Suffolk shall
48 continue to receive location pay in the amount of one thousand five
49 hundred twenty dollars.
50 2. The location pay as set out in this section shall be in addition to
51 and shall not be a part of an employee's basic annual salary, and shall
52 not affect or impair any performance advance or other rights or benefits
53 to which an employee may be entitled by law, provided, however, that
54 location pay shall be included as compensation for the purposes of compu-
55 tation of overtime pay and for retirement purposes. This payment will be
56 equally divided over the twenty-six payroll periods in each fiscal year.
S. 8889 9
1 § 7. Supplemental location pay. 1. Pursuant to the terms of an agree-
2 ment covering members of the agency police services collective negotiat-
3 ing unit, and notwithstanding any inconsistent provision of law, all
4 members of this unit who are full-time annual salaried employees and
5 whose principal place of employment, or, in the case of a field employee,
6 whose official station is determined in accordance with the regulations
7 of the state comptroller, is located in the city of New York, or in the
8 county of Putnam, Orange, Dutchess, Rockland, Westchester, Nassau or
9 Suffolk, shall continue to receive supplemental location pay, in the
10 following amounts:
11 Orange/Putnam/ NYC/Rockland/ Nassau/Suffolk
12 Dutchess Westchester
13 Effective April 1,2015 $1,266 $1,900 $2,217
14 2. The supplemental location pay as set out in this section shall be in
15 addition to and shall not be a part of an employee's basic annual salary,
16 and shall not affect or impair any performance advance or other rights or
17 benefits to which an employee may be entitled by law; provided, however,
18 that supplemental location pay shall be included as compensation for the
19 purposes of computation of overtime pay and for retirement purposes. This
20 payment will be equally divided over the twenty-six payroll periods in
21 each fiscal year.
22 § 8. Expanded duty pay. Pursuant to the terms of an agreement or award
23 covering members of the agency police services collective negotiating
24 unit who are full-time annual salaried employees, in recognition of the
25 additional and continued duties and responsibilities performed by the
26 police officers in this unit as a result of the September 11th terrorist
27 attacks, and notwithstanding any provision of law, rule or regulation to
28 the contrary, members of this unit, effective April 1, 2015, shall
29 continue to receive expanded duty pay in the amount of three thousand
30 seventy-five dollars. Effective March 31, 2019, this amount shall be
31 increased to three thousand eight hundred and twenty-five dollars.
32 Expanded duty pay as set out in this section shall be in addition to and
33 shall not be a part of an employee's basic annual salary, and shall not
34 affect or impair any performance advance or other rights or benefits to
35 which an employee may be entitled by law; provided, however, that
36 expanded duty pay shall be included as compensation for the purposes of
37 computation of overtime pay and for retirement purposes. This payment
38 will be equally divided over the twenty-six payroll periods in each
39 fiscal year.
40 § 9. Marine/off-road enforcement pay. Pursuant to the terms of an
41 agreement covering members of the agency police services collective nego-
42 tiating unit who are full-time annual salaried employees, effective April
43 1, 2015, all members of this unit who are employed by the office of
44 parks, recreation and historic preservation or the department of environ-
45 mental conservation shall continue to receive one thousand five hundred
46 dollars per year in recognition of their expertise in marine and off-road
47 enforcement. Marine/off-road enforcement pay as set out in this section
48 shall be in addition to and shall not be a part of an employee's basic
49 annual salary, and shall not affect or impair any performance advance or
50 other rights or benefits to which an employee may be entitled by law;
51 provided, however, that marine/off-road enforcement pay shall be included
52 as compensation for the purposes of computation of overtime pay and for
53 retirement purposes. This payment will be equally divided over the twen-
54 ty-six payroll periods in each fiscal year.
55 § 10. Hazardous material pay. 1. Pursuant to the terms of an agreement
56 covering members of the agency police services collective negotiating
S. 8889 10
1 unit who are full-time annual salaried employees, effective April 1,
2 2015, all members who are employed by the department of environmental
3 conservation, except for those in the forest ranger title series, shall
4 continue to receive one thousand five hundred dollars per year in recog-
5 nition of their expertise and handling of hazardous materials. Hazardous
6 material pay as set out in this section shall be in addition to and shall
7 not be a part of an employee's basic annual salary, and shall not affect
8 or impair any performance advance or other rights or benefits to which an
9 employee may be entitled by law; provided, however, that hazardous mate-
10 rial pay shall be included as compensation for the purposes of computa-
11 tion of overtime pay and for retirement purposes. This payment will be
12 equally divided over the twenty-six payroll periods in each fiscal year.
13 2. Hazardous material/fire management/search and rescue pay. Pursuant
14 to the terms of an agreement covering members of the agency police
15 services collective negotiating unit who are full-time annual salaried
16 employees, effective April 1, 2015, all members who are employed by the
17 department of environmental conservation in the forest ranger title
18 series shall continue to receive one thousand five hundred dollars per
19 year in recognition of their expertise and handling of hazardous materi-
20 als. Hazardous material/fire management/search and rescue pay as set out
21 in this section shall be in addition to and shall not be a part of an
22 employee's basic annual salary, and shall not affect or impair any
23 performance advance or other rights or benefits to which an employee may
24 be entitled by law; provided, however, that hazardous material/fire
25 management/search and rescue pay shall be included as compensation for
26 the purposes of computation of overtime pay and for retirement purposes.
27 This payment will be equally divided over the twenty-six payroll periods
28 in each fiscal year.
29 § 11. Inconvenience pay program. Pursuant to chapter 333 of the laws of
30 1969, as amended, and an agreement negotiated between the state and the
31 employee organization representing members of the agency police services
32 unit, effective April 1, 2015, members of the agency police services unit
33 shall continue to receive inconvenience pay in the amount of five hundred
34 ninety-seven dollars. Any such additional compensation pursuant to this
35 section shall be included as compensation for retirement purposes.
36 § 12. During the period April 1, 2015 through March 31, 2019 or as
37 otherwise agreed, there shall be a statewide joint labor-management
38 committee continued and administered pursuant to the terms of the agree-
39 ment negotiated between, or an interest arbitration award binding the
40 state and the employee organization representing employees in the collec-
41 tive negotiating unit designated as the agency police services unit
42 established pursuant to article 14 of the civil service law which shall,
43 with the amounts available therefore, study and make recommendations
44 concerning major issues of employee assistance, performance evaluation,
45 education and training, quality of work life, health benefits, and
46 provide for the implementation of the terms of agreements of such commit-
47 tees.
48 § 13. Notwithstanding any provision of law to the contrary, the appro-
49 priations contained in this act shall be available to the state for the
50 payment and publication of grievance and arbitration settlements and
51 awards pursuant to articles 7 and 8 of the collective negotiating agree-
52 ment between the state and the employee organization representing the
53 collective negotiating unit designated as the agency police services unit
54 established pursuant to article 14 of the civil service law.
55 § 14. Notwithstanding any provision of law, rule or regulation to the
56 contrary, and where and to the extent an agreement negotiated between the
S. 8889 11
1 state and the employee organization representing employees in the agency
2 police services collective negotiating unit established pursuant to arti-
3 cle 14 of the civil service law so provides, the salaries of newly hired
4 employees on or after September 1, 1992 into state service in positions
5 within said negotiating unit shall not be subject to the provisions of
6 subdivision 2-a of section 200 of the state finance law.
7 § 15. Date of entitlement to salary increase. Notwithstanding the
8 provisions of this act or of any other provision of law to the contrary,
9 the increase in salary or compensation provided by this act of any member
10 of the agency police services collective negotiating unit established
11 pursuant to article 14 of the civil service law who are full-time annual
12 salaried employees and are police officers pursuant to subdivision 34 of
13 section 1.20 of the criminal procedure law shall be added to the salary
14 of such member at the beginning of that payroll period, the first day of
15 which is nearest to the effective date of such increase as provided in
16 this act, or at the beginning of the earlier of two payroll periods, the
17 first days of which are nearest but equally near to the effective date of
18 such increase as provided in this act; provided, however, that, for the
19 purposes of determining the salary of such unit members upon reclassi-
20 fication, reallocation, appointment, promotion, transfer, demotion, rein-
21 statement, or other change of status, such salary increase shall be
22 deemed to be effective on the date thereof as prescribed by this act,
23 with payment thereof pursuant to this section on a date prior thereto,
24 instead of on such effective date, and shall not operate to confer any
25 additional salary rights or benefits on such unit members. Payment of
26 such salary increase may be deferred pursuant to section sixteen of this
27 act.
28 § 16. Deferred payment of salary increases. Notwithstanding the
29 provisions of any other section of this act or of any other provision of
30 law to the contrary, pending payment pursuant to this act of the basic
31 annual salaries of incumbents of positions subject to this act, such
32 incumbents shall receive, as partial compensation for services rendered,
33 the rate of salary and other compensation otherwise payable in their
34 respective positions. An incumbent holding a position subject to this act
35 at any time during the period from April 1, 2015, until the time when
36 basic annual salaries and other compensation due are first paid pursuant
37 to this act for such services in excess of the salary and other compen-
38 sation actually received therefor, shall be entitled to a lump sum
39 payment for the difference between the salary and other compensation to
40 which such incumbent is entitled for such services and the salary and
41 other compensation actually received. Notwithstanding the provisions of
42 this section or of any other section of this act, the lump sum payments
43 resulting from the increases in salary and other compensation pursuant to
44 this act shall be aggregated in the form of a lump sum payment and made
45 to employees in two equal payments. However, effective the pay period
46 closest to March 31, 2019, the denominator for purposes of calculating
47 overtime shall be adjusted consistent with such interest arbitration
48 award and recalculation of the overtime earned subsequent to March 31,
49 2019 will be reconciled, adjusted and applied in the first retroactive
50 payment referenced herein. The first payment shall be paid as soon as
51 practicable after the passage of legislation implementing a Final Deci-
52 sion and Award covering the period April 1, 2015 to March 31, 2019 and
53 the second payment shall be paid on the first day of the payroll period
54 commencing after April 1, 2021. For the purpose of calculating retirement
55 benefits, the amounts paid under this act shall count as compensation
56 earned during the year or years for which it is calculated and not as
S. 8889 12
1 compensation earned wholly in the year in which it is paid. Notwith-
2 standing any law, rule or regulation to the contrary, no member of the
3 agency police services unit to whom the provisions of this act apply
4 shall be entitled to, or owed, any interest or other penalty for any
5 reason on any monies due to such member pursuant to the terms of this act
6 and the terms of the agreement or interest arbitration award covering
7 employees in the agency police services unit.
8 § 17. Use of appropriations. Notwithstanding any provision of the state
9 finance law or any other provision of law to the contrary, the state
10 comptroller is authorized to pay any amounts required during the fiscal
11 year commencing April 1, 2020 by the provisions of this act for any state
12 department or agency from any appropriation or other funds available to
13 such state department or agency for personal service or for other related
14 employee benefits during such fiscal year. To the extent that such appro-
15 priations are insufficient in any fund to accomplish the purposes herein
16 set forth, the director of the budget is authorized to allocate to the
17 various departments and agencies, from any appropriations available in
18 any fund, the amounts necessary to pay such amounts. The aforementioned
19 appropriations shall be available for payment of any liabilities or obli-
20 gations incurred prior to April 1, 2020, in addition to current liabil-
21 ities.
22 § 18. Notwithstanding any provision of the state finance law or any
23 other provision of law to the contrary, the sum of fifty-five million
24 dollars ($55,000,000) is hereby appropriated in the general fund/state
25 purposes account (10050) in miscellaneous-all state departments and agen-
26 cies solely for apportionment/transfer by the director of the budget for
27 use by any state department or agency in any fund for the period April 1,
28 2015 through March 31, 2021 to supplement appropriations for personal
29 service, other than personal service and fringe benefits, and to carry
30 out the provisions of this act. No money shall be available for expendi-
31 ture from this appropriation until a certificate of approval has been
32 issued by the director of the budget and a copy of such certificate or
33 any amendment thereto has been filed with the state comptroller, the
34 chair of the senate finance committee and the chair of the assembly ways
35 and means committee. The monies hereby appropriated are available for
36 payment of any liabilities or obligations incurred prior to or during the
37 period April 1, 2015 through March 31, 2021. For this purpose, the monies
38 appropriated shall remain in full force and effect for the payment of
39 liabilities incurred on or before March 31, 2021.
40 § 19. Notwithstanding any provision of the state finance law or any
41 other provision of law to the contrary, the several amounts as hereinaft-
42 er set forth, or so much thereof as may be necessary, are hereby appro-
43 priated from the fund so designated for use by any state department or
44 agency for the period April 1, 2015 through March 31, 2021 to supplement
45 appropriations from each respective fund available for other than
46 personal service and fringe benefits, and to carry out the provisions of
47 this act. The monies hereby appropriated are available for the payment of
48 any liabilities or obligations incurred prior to or during the period
49 commencing April 1, 2015 through March 31, 2021. No money shall be
50 available for expenditure from the monies appropriated until a certif-
51 icate of approval has been issued by the director of the budget and a
52 copy of such certificate or any amendment thereto has been filed with the
53 state comptroller, the chair of the senate finance committee and the
54 chair of the assembly ways and means committee. Notwithstanding the
55 provisions of any other section of this act, the salary increases, and
56 lump sum payments provided for in this act shall not be implemented until
S. 8889 13
1 the director of employee relations has delivered notice to the director
2 of the budget and the comptroller that a Final Decision and Award has
3 been issued and signed by the interest arbitration panel so that such
4 amounts may be paid.
5 ALL STATE DEPARTMENTS AND AGENCIES
6 SPECIAL PAY BILLS
7 General Fund / State Operations
8 State Purposes Account - 003
9 NONPERSONAL SERVICE
10 Joint committee on health benefits ................ 15,782
11 Contract administration ........................... 30,000
12 Education and Training ............................ 91,337
13 Education and Training - Management Directed ...... 55,746
14 Employee Assistance Program ....................... 13,810
15 Organizational Alcohol Program .................... 21,441
16 Legal Defense Fund ................................ 10,000
17 Quality of Work Life Initiatives .................. 67,420
18 Employee Benefit Fund ............................ 198,175
19 § 20. This act shall take effect immediately and shall be deemed to
20 have been in full force and effect on and after April 1, 2015.