Relates to stipends and funds for the state university of New York; adjusts stipends for certain incumbents in SUNY; continues a doctoral program recruitment and retention enhancement fund; continues an employee assistance program; continues a professional development committee; continues a comprehensive college graduate program recruitment and retention fund; continues a fee mitigation fund; continues a downstate location fund; and creates an accidental death benefit.
S5778-2011 Actions
- Jun 22, 2011: SUBSTITUTED BY A8445
- Jun 17, 2011: ORDERED TO THIRD READING CAL.1362
- Jun 16, 2011: REFERRED TO RULES
S5778-2011 Meetings
Rules: Jun 17, 2011S5778-2011 Calendars
Active List: Jun 22, 2011 , Floor Calendar: Jun 17, 2011 , Floor Calendar: Jun 21, 2011 , Floor Calendar: Jun 22, 2011S5778-2011 Memo
BILL NUMBER:S5778
TITLE OF BILL:
An act
to provide for the adjustment of stipends of
certain incumbents in the state university of
New York and designating moneys therefor; to
continue a doctoral program recruitment
and retention enhancement fund; to continue
an employee assistance program; to continue
a professional development committee; to
continue a comprehensive college
graduate program recruitment and
retention fund; to continue a fee mitigation
fund; to continue a downstate location fund; to continue a joint labor
management advisory board
and to create an accidental death benefit
PURPOSE:
This bill would implement the terms of a memorandum of understanding
previously entered into on December 10, 2009, between the State of
New York ("State") and the CWA Local 1104/Graduate Students
Employees Union ("GSEU"), the employee organization representing
members of the State University Graduate Student Negotiating Unit
("Unit") established pursuant to Civil Service Law Article 14
("Agreement").
SUMMARY OF PROVISIONS:
Section 1 of this bill would provide for a 3% annual increase in the
stipends for members of the Unit, effective on October 1, 2007 and
October 1, 2008, and a 3% annual increase in the minimum stipend, to
$8,336 for 2007-08, and to $8,586 for 2008-09.
Section 2 of this bill would continue the Doctoral Program Recruitment
and Retention Enhancement Fund from amounts appropriated in the bill,
to enhance employee compensation for the purpose of recruitment and
retention of new and existing doctoral students in selected programs,
and provide for the expiration of the program on July 1, 2009.
Section 3 of this bill would continue the Comprehensive College
Graduate Program Recruitment and Retention Fund from amounts
appropriated in the bill, to enhance employee compensation for the
purpose of recruitment and retention of new and existing graduate
students in selected degree programs, and provide for the expiration
of the program on July 1, 2009.
Section 4 of this bill would continue the Fee Mitigation Fund from
amounts appropriated in the bill, for the purpose of funding the cost
of various fees including but not limited to technology fees, and
provide for the expiration of the program on July 1, 2009.
Section 5 of this bill would continue the Downstate Location Fund from
the amounts appropriated in the bill, for the purpose of funding
salary adjustments in the downstate area for employees whose work
site is New York City, Suffolk, Nassau, Rockland, Westchester,
Dutchess, Putnam, or Orange counties, and provide for the expiration
of the program on July 1, 2009.
Section 6 of this bill would continue the Joint Labor-Management
Advisory Board; which would study and make recommendations concerning
issues of family benefits.
Section 7 of this bill would continue the Employee Assistance Program
for graduate student employees; within appropriations available for
that purpose, and provide for the expiration of the program on July
1, 2009.
Section 8 of this bill would continue the Professional Development
Committee to review, make recommendations, and implement programs for
professional development, and provide for the expiration of the
program on July 1, 2009.
Section 9 of this bill would make the appropriations contained in this
bill available to the State for the payment of grievance and
arbitration awards as provided for in the Agreement.
Section 10 of this bill would create an Accidental Death Benefit in
the amount of $50,000, payable to an employee's surviving spouse and
children or to the employee's estate in the event an employee dies on
or after July 2, 2007 as the result of an accidental on-the-job injury.
Section 11 of this bill would provide that the stipend adjustments and
benefit modifications provided in this bill would not be implemented
until the Director of the Budget and the comptroller receive a letter
certifying that there is in effect with respect to the unit a fully
executed and ratified Agreement.
Sections 12 through 15 of this bill would set forth the dates of
entitlement to the stipend increases and deferred payment of stipend
increases provided by this bill, as well as the use and amount of
appropriation necessary to implement this bill.
Section 16 of this bill would make it effective immediately and deem
it to have been in effect on and after July 2, 2007.
STATEMENT IN SUPPORT:
This bill is necessary to implement the terms of the 2009 Agreement
between the State and the GSEU, the employee organization
representing members of the State University Graduate Student
Negotiating Unit, in relation to the terms and conditions of
employment of members of the Unit, including but not limited to
negotiated stipend increases and programs.
BUDGET IMPLICATIONS:
This bill includes $17.204 million in All Funds appropriations
($15.234 million General Fund) to cover pay increases provided in the
2007-08 to 2008-09 Agreement, through the 2011-2012 fiscal year. The
2011-12 Financial Plan is sufficient to accommodate the costs
associated with this bill.
EFFECTIVE DATE:
This bill would take effect immediately and be deemed to have been in
effect on and after July 2, 2007.
S5778-2011 Text
S T A T E O F N E W Y O R K
________________________________________________________________________
5778
2011-2012 Regular Sessions
I N SENATE
June 16, 2011
___________
Introduced by Sen. ROBACH -- (at request of the Governor) -- read twice
and ordered printed, and when printed to be committed to the Committee
on Rules
AN ACT to provide for the adjustment of stipends of certain incumbents
in the state university of New York and designating moneys therefor;
to continue a doctoral program recruitment and retention enhancement
fund; to continue an employee assistance program; to continue a
professional development committee; to continue a comprehensive
college graduate program recruitment and retention fund; to continue a
fee mitigation fund; to continue a downstate location fund; to contin-
ue a joint labor management advisory board and to create an accidental
death benefit
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Adjustment to stipends of certain incumbents in the state
university of New York. a. The stipends as of academic year 2007-2008
for incumbents of positions in the state university of New York in the
collective negotiating unit designated as the state university graduate
student negotiating unit in the state university of New York established
pursuant to article 14 of the civil service law, on September 30, 2007,
shall be increased by three percent, rounded up to the next dollar,
commencing the beginning of the payroll period the first day of which is
nearest to October 1, 2007. "Incumbent," as referenced in this subdivi-
sion and subdivision b of this section, shall be defined as members of
the state university graduate student negotiating unit established
pursuant to article 14 of the civil service law who were employed by the
state university of New York on or after July 2, 2007, and are also
employed by the state university of New York at the time of payment or
are matriculated at the same campus in which they were employed at the
time of payment.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12067-02-1
S. 5778 2
b. The stipends as of academic year 2008-2009 for incumbents of posi-
tions in the state university of New York in the collective negotiating
unit designated as the state university graduate student negotiating
unit in the state university of New York established pursuant to article
14 of the civil service law, on September 30, 2008, shall be increased
by three percent, rounded up to the next dollar, commencing the begin-
ning of the payroll period the first day of which is nearest to October
1, 2008.
c. (i) This subdivision shall apply to employees in the collective
negotiating unit designated as the state university graduate student
negotiating unit in the state university of New York established pursu-
ant to article 14 of the civil service law.
(ii) The minimum stipend for academic year 2007-2008 shall increase by
three percent to eight thousand three hundred thirty-six dollars annual-
ly for employees on full assistantships at university center campuses
effective concurrent with the effective date of the increase in subdivi-
sion a of this section commencing the beginning of the payroll period
the first day of which is nearest to October 1, 2007.
(iii) The minimum stipend for academic year 2008-2009 shall increase
by three percent to be eight thousand five hundred eighty-six dollars
annually for employees on full assistantships at university center
campuses effective concurrent with the effective date of the increase in
subdivision b of this section commencing the beginning of the payroll
period the first day of which is nearest to October 1, 2008.
(iv) Nothing herein shall prevent the state university of New York, in
its discretion, from increasing amounts paid to incumbents of positions
of the state university graduate student negotiating unit in the state
university of New York established pursuant to article 14 of the civil
service law in addition to the minimum stipend provided, however, that
the amounts required for such other increases and the cost of fringe
benefits attributable to such other increases, as determined by the
comptroller, are made available to the state in accordance with proce-
dures established by the state university of New York.
d. Notwithstanding any of the foregoing provisions of this section,
any increase in compensation may be withheld in whole or in part from
any employee to whom the provisions of this section are applicable when,
in the opinion of the chancellor of the state university of New York,
the director of the budget, and the director of the governor's office of
employee relations, such increase is not warranted or is not appropri-
ate.
S 2. Doctoral program recruitment and retention enhancement fund.
There is hereby continued, within the state university of New York, a
doctoral program recruitment and retention enhancement fund from the
amounts appropriated herein. Such fund shall be used to enhance employee
compensation for the purpose of recruitment and retention of new and
existing doctoral students in selected programs. The specific doctoral
programs eligible for enhanced compensation pursuant to this section
shall be at the discretion of the state university of New York. However,
each doctoral degree granting university campus of the state university
of New York shall receive an allocation from such fund in an amount
proportionate to the total number of employees at such campus. To be
eligible for a payment for recruitment and retention initiatives, an
employee must have been employed on or after July 2, 2007 and must be
employed at the time of payment. This program shall expire July 1, 2009.
S 3. Comprehensive college graduate program recruitment and retention
fund. There is hereby continued, within the state university of New
S. 5778 3
York, a comprehensive college graduate program recruitment and retention
fund from the amounts appropriated herein. Such fund shall be used to
enhance employee compensation for the purpose of recruitment and
retention of new and existing graduate students in selected degree
programs. The specific graduate degree programs eligible for enhanced
compensation pursuant to this section shall be at the discretion of the
state university of New York. Each campus shall receive an allocation
from such appropriation proportionate to the total number of employees
at such campus. To be eligible for a payment for recruitment and
retention initiatives, an employee must have been employed on or after
July 2, 2007 and must be employed at the time of payment. This program
shall expire July 1, 2009.
S 4. Fee mitigation fund. There is hereby continued, within the state
university of New York, a fee mitigation fund from the amounts appropri-
ated herein. Such fund shall be used for the purpose of funding the cost
of various fees, including but not limited to technology fees. The
specific fee mitigation initiatives funded pursuant to this section
shall be at the discretion of the state university of New York. Each
campus shall receive an allocation from such appropriation proportionate
to the total number of employees at such campus. To be eligible for such
payment, an employee must be employed at the time of payment. This
program shall expire July 1, 2009.
S 5. Downstate location fund. There is hereby continued, with the
state university of New York, a downstate location fund from the amounts
appropriated herein. Such fund shall be used for the purpose of funding
location adjustments in the downstate area for employees whose work site
is New York city, Suffolk, Nassau, Rockland, Westchester, Dutchess,
Putnam, or Orange counties. The specific location adjustments funded
pursuant to this section shall be at the discretion of the state univer-
sity of New York. Each campus shall receive an allocation from such
appropriation proportionate to the total number of employees at such
campus. To be eligible for such payment, an employee must be employed at
the time of payment. This program shall expire July 1, 2009.
S 6. Joint labor management advisory board. Pursuant to the terms of
an agreement negotiated between the state and the employee organization
representing employees in the collective negotiating unit designated as
the state university graduate student negotiating unit in the state
university of New York established pursuant to article 14 of the civil
service law, there shall be continued a joint labor management advisory
board to study and make recommendations concerning issues of family
benefits and implement agreements that may be entered into between the
state and such employee organization concerning such issues within the
appropriations made available therefor.
S 7. Employee assistance program. Pursuant to the terms of an agree-
ment negotiated between the state and the employee organization repres-
enting the collective negotiating unit designated as the state universi-
ty graduate student negotiating unit in the state university of New York
established pursuant to article 14 of the civil service law, there shall
be continued an employee assistance program to be administered in
accordance with such agreement within the appropriations made available
therefor. This program shall expire July 1, 2009.
S 8. Professional development committee. Pursuant to the terms of an
agreement negotiated between the state and the employee organization
representing the collective negotiating unit designated as the state
university graduate student negotiating unit in the state university of
New York established pursuant to article 14 of the civil service law,
S. 5778 4
there shall be continued a professional development committee to review,
make recommendations and implement programs for professional develop-
ment. Such program shall be administered in accordance with such agree-
ment within the appropriations made available therefor. This program
shall expire July 1, 2009.
S 9. Notwithstanding any provision of law to the contrary, the appro-
priations contained in this act shall be available to the state for the
payment of grievance and arbitration settlements and awards provided for
in the collective negotiating agreement between the state and employee
organization representing the collective negotiating unit designated as
the state university graduate student negotiating unit in the state
university of New York established pursuant to article 14 of the civil
service law.
S 10. Accidental death benefit. Pursuant to the terms of an agreement
negotiated between the state and the employee organization representing
the collective negotiating unit designated as the state university grad-
uate student negotiating unit in the state university of New York estab-
lished pursuant to article 14 of the civil service law, there shall be
created a death benefit in the amount of fifty thousand dollars, in the
event an employee dies on or after July 2, 2007 as the result of an
accidental on-the-job injury and a death benefit is paid pursuant to the
workers' compensation law, payable by the state to the employee's
surviving spouse and children to whom the workers' compensation acci-
dental death benefit is paid, or to the employee's estate, and in the
same proportion as the workers' compensation accidental death benefit is
paid. Such program shall be administered in accordance with such agree-
ment within the appropriations made available therefor.
S 11. The stipend increases and benefit modifications provided for by
this act for state employees in the collective negotiating unit desig-
nated as the state university graduate student negotiating unit in the
state university of New York established pursuant to article 14 of the
civil service law shall not be implemented until the director of employ-
ee relations has delivered to the director of the budget and the comp-
troller a letter certifying that there is in effect with respect to such
negotiating unit a collective negotiating agreement which provides for
such increases and modifications and which is ratified and fully
executed in writing with the state pursuant to article 14 of the civil
service law.
S 12. Date of entitlement to stipend increase. Notwithstanding the
provisions of this act or of any other provision of law to the contrary,
the stipend increase of any member of the collective negotiating unit
designated as the state university graduate student negotiating unit in
the state university of New York established pursuant to article 14 of
the civil service law, as provided by this act, shall be added to the
stipend of such member at the beginning of the payroll period the first
day of which is nearest to the effective date of such increase as
provided in this act, or at the beginning of the earlier of two payroll
periods the first days of which are nearest but equally near to the
effective date of such increase as provided in this act; provided,
however, that for the purposes of determining the stipend of such
employee upon reclassification, reallocation, appointment, promotion,
transfer, demotion, reinstatement or other change of status, such
stipend increase shall be deemed to be effective on the date thereof as
prescribed by this act, and the payment thereof pursuant to this section
on a date prior thereto, instead of on such effective date, shall not
operate to confer any additional compensation rights or benefits on such
S. 5778 5
employee. Payment of such stipend increase may be deferred pursuant to
section thirteen of this act.
S 13. Deferred payment of stipend increase. Notwithstanding the
provisions of this act, or of any other provision of law to the contra-
ry, pending payment of stipends pursuant to this act for incumbents of
positions subject to this act, such incumbents shall receive, as partial
compensation for services rendered, the stipends otherwise payable in
their respective positions. An incumbent holding a position subject to
this act at any time during the period from July 2, 2007, until the time
when stipend increases are first paid pursuant to this act for such
services in excess of the compensation actually received therefor, shall
be entitled to a lump sum payment for the difference between the stipend
to which such incumbent is entitled for such service and the stipend
actually received therefor. Such lump sum payment shall be made as soon
as practicable.
S 14. Use of appropriations. Notwithstanding any provision of the
state finance law or any other provision of law to the contrary, the
state comptroller is authorized to pay any amounts required by the fore-
going provisions of this act. To the extent that existing appropriations
available to any state department or agency in any fund are insufficient
to accomplish the purposes set forth in this section, the director of
the budget is authorized to allocate to the various departments and
agencies, from any appropriations available in any fund, the amounts
necessary to make such payments. Any appropriations or other funds
available to any state department or agency for personal service or for
other related employee benefits during the fiscal year commencing April
1, 2011 shall be available for the payment of any liabilities or obli-
gations incurred pursuant to the foregoing provisions of this act,
whether occurring prior to or during the state fiscal year commencing
April 1, 2011.
S 15. Appropriations. Notwithstanding any provision of the state
finance law or any other provision of law to the contrary, the several
amounts as hereinafter set forth in this section are hereby appropriated
from the funds so designated for use by any state department or agency
for the fiscal year beginning April 1, 2011 to supplement appropriations
from each respective fund available for personal service, other than
personal service and fringe benefits, and to carry out the provisions of
this act. Moreover, the amounts appropriated as non-personal service may
be suballocated to any state department or agency as needed. The monies
hereby appropriated are available for payment of any liabilities or
obligations incurred prior to or during the state fiscal year commencing
April 1, 2011 in addition to liabilities or obligations associated with
the state fiscal year commencing April 1, 2009. For this purpose, these
appropriations shall remain in full force and effect for the payment of
liabilities incurred on or before April 1, 2011. No money shall be
available for expenditure from this appropriation until a certification
of approval has been issued by the director such certificate or any
amendment thereto has been filed with the state comptroller, the chair-
person of the senate finance committee, and the chairperson of the
assembly ways and means committee.
ALL STATE DEPARTMENTS AND AGENCIES
General Fund - State Purposes Account
S. 5778 6
PERSONAL SERVICE
Personal Service ............................ 10,312,000
MAINTENANCE UNDISTRIBUTED
Fringe Benefits ................................ 892,000
Doctoral Program Recruitment and Retention
Enhancement Fund ........................... 1,312,000
Comprehensive College Graduate Program
Recruitment and Retention Fund ............... 383,000
Fee Mitigation Fund .......................... 1,133,000
Downstate Location Fund ........................ 688,000
Family Benefits Program ........................ 164,000
Statewide Professional Development Committee ... 328,000
Employee Assistance Program ..................... 22,000
Special Revenue Funds - Other
State University Income Fund - 345
Personal Service ............................. 1,224,000
Non-Personal Service ........................... 606,000
Miscellaneous Special Revenue Fund - 339
Personal Service ................................ 87,000
Non-Personal Service ............................ 44,000
Combined Expendable Trust Fund - 020
Personal Service ................................. 1,000
Special Revenue Funds - Federal
Federal Education Fund - 267
Personal Service ................................. 5,000
Non-Personal Service ............................. 3,000
S 16. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 2, 2007.
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