Bill S5846-2011

Relates to compensation and other terms and conditions of employment of certain state officers and employees

Relates to compensation and other terms and conditions of employment of certain state officers and employees; authorizes funding of joint labor-management committees, to implement agreements between the state and an employee organization; provides rates of pay for certain state employees.

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Actions

  • Aug 17, 2011: SIGNED CHAP.491
  • Aug 5, 2011: DELIVERED TO GOVERNOR
  • Jun 23, 2011: returned to senate
  • Jun 23, 2011: passed assembly
  • Jun 23, 2011: message of necessity - 3 day message
  • Jun 23, 2011: ordered to third reading rules cal.605
  • Jun 23, 2011: substituted for a8513
  • Jun 23, 2011: referred to ways and means
  • Jun 22, 2011: DELIVERED TO ASSEMBLY
  • Jun 22, 2011: PASSED SENATE
  • Jun 22, 2011: MESSAGE OF NECESSITY
  • Jun 22, 2011: ORDERED TO THIRD READING CAL.1524
  • Jun 22, 2011: REFERRED TO RULES

Votes

Memo

BILL NUMBER:S5846

TITLE OF BILL:

An act to amend the civil service law and the state finance law, in relation to compensation 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; to amend chapter 333 of the laws of 1969 amending the civil service law and other laws relating to salary increases for certain state officers and employees, in relation to rates of pay for certain state employees; to repeal certain provisions of the civil service law relating thereto; and making an appropriation for the purpose of effectuating certain provisions hereof (Part A); to amend the civil service law and the correction law, in relation to salaries; to repeal certain provisions of such laws relating thereto; and making an appropriation for the purpose of effectuating certain provisions hereof (Part B)

PURPOSE OF THE BILL:

Part A of this bill implements the terms of a collective bargaining agreement (the "Agreement") between the executive branch of the State of New York and the employee organization representing members of the collective negotiating units designated as the Administrative Services Unit, the Institutional Services Unit, the Operational Services Unit and the Division of Military and Naval Affairs Unit ("the units"), entered into pursuant to article 14 of the Civil Service Law.

Part B of this bill provides the State's approximately 12,000 unrepresented employees who are prohibited from collective negotiations by the Taylor Law, including managerial or confidential ("M/C") employees, with benefits and increases in compensation at levels that are comparable to the benefits and increases in compensation received by employees represented by employee organizations.

This bill would continue comparability of benefits by supplementing existing appropriations to provide benefits and other aspects of employment that are on a par with those negotiated for represented employees by their respective employee organizations. These funds would provide for employee benefit and training and development programs, and the M/C share of negotiated programs.

SUMMARY OF PROVISIONS:

PART A OF THE BILL:

Section 1 of this part repeals and replaces subparagraphs 1, 2, 3 and 4 of Civil Service Law § 130(1)(a) and adds new subparagraphs 1, 2 and 3 to provide for the application of new salary schedules for officers and employees in the units.

Section 2 of this part amends Civil Service Law § 167(8) to provide authority to modify the employer and employee shares of health premium and subscription costs under the New York State Health Insurance Plan.

Section 3 of this part amends Civil Service Law § 208(2) to provide for the period of unchallenged representation status for employee organizations for a period of four years with the Executive Branch of the State that commence in 2011.

Section 4 of this part amends Civil Service Law § 130(3)(e), governing longevity payments for employees who attain five and ten years of continuous service at the job rate. This section continues longevity payments to the extent provided in the collective bargaining agreement.

Sections 5 and 6 of this part amend State Finance Law §§ 8(12-d) and (12-e) to continue payments to employees for personal property damaged or destroyed in the course of the performance of official duties.

Section 7 of this part amends State Finance Law § 200 to provide the authority for the Comptroller to reduce, restore and/or repay basic annual salaries, hourly rates or per diems of employees. Such action(s) will be effective for employees in collective negotiating units in accordance with the terms of a collective bargaining agreement or interest arbitration award, and for employees not in collective negotiating units, when the director of budget authorizes a plan for such action(s).

Section 8 of this part authorizes the State to make payments to employees for withdrawing from the health insurance plan in accordance with the terms of the collective bargaining agreements or regulations promulgated by the Department of Civil Service.

Section 9 of this part provides for salary increases as follows:

a) a lump sum payment of $775 in 2013 and $225 in 2014; b) a 2 percent basic annual salary increase effective March 27, 2014 for officers and employees on the administrative payroll and effective April 3, 2014 for officers and employees on the institutional payroll; and c) a 2 percent basic annual salary increase effective March 26, 2015 for officers and employees on the administrative payroll and effective April 2, 2015 for officers and employees on the institutional payroll.

Section 10 of this part provides for annual salary increases for positions in the nonprofessional service at the contract colleges of Cornell and Alfred Universities not to exceed those set forth in Section 9 of this part.

Section 11 of this part continues existing location compensation for employees whose principal place of employment is located in New York City, or the counties of Westchester, Rockland, Suffolk, Nassau, Dutchess, Putnam, Orange and Monroe. Employees in the counties of Dutchess, Putnam or Orange continue to receive location compensation at the annual rate of $1,513. Employees in New York City, or in the counties of Rockland, Westchester, Nassau or Suffolk shall receive location compensation at the annual rate of $3,026. For the county of Monroe, only employees hired before March 31, 1985 shall be eligible for continued location compensation of $200 per year.

Section 12 of this part continues location compensation for certain officers and employees of the Hudson Valley Developmental Disabilities Services Office.

Section 13 of this part continues the provision of inconvenience pay to certain full-time employees of the Office for People with Developmental Disabilities who are required to sleep over at their work site.

Section 14 of this part continues pre-shift briefing compensation for certain employees of the State in the Division of Military and Naval Affairs Unit who are required to assemble for briefing prior to the commencement of duties. This section also continues the program for pre-shift briefing compensation for certain employees of the State employed by the Office of Children and Family Services who are members of the Institutional Services Unit.

Section 15 of this part continues assignment to duty pay in the form of an annual lump sum payment to employees in particular assignments provided for by the agreement. Such benefit shall be available until March 30, 2016, unless an extension is negotiated by the parties to the agreement.

Section 16 of this part provides for the continuation of an annual lump sum payment to long-term seasonal employees in an amount specified by, and subject to, the qualifying criteria established by the agreement. Such benefit shall be available until March 30, 2016.

Section 17 of this part continues winter maintenance shift pay for eligible full-time employees of the Department of Transportation in the Operational Services negotiating unit, in accordance with the agreement.

Section 18 of this part continues inconvenience pay for certain employees who work in the overnight hours at a rate of $575 per year.

Section 19 of this part authorizes contributions to employee dependent care accounts in amounts and for the time periods specified by the agreement.

Section 20 of this part provides for the payment and publication of grievance and arbitration settlements and awards pursuant to the agreement.

Section 21 of this part continues a statewide labor-management committee to address issues of productivity and quality of work life in accordance with agreement.

Section 22 of this part requires that, prior to implementation of any salary increase, salary deduction, salary reduction, benefit modification, or modification to terms and conditions of employment, the Director of Employee Relations submit a letter to the Director of the Budget and the State Comptroller certifying that the collectively negotiated agreement has been ratified by the membership.

Section 23 of this part authorizes the State Comptroller to pay any amounts required by this bill during the fiscal years commencing April 1, 2011 for any state department or agency from any appropriation or other funds available to such state department or agency for personal service or for other related employee benefits during such fiscal year. To the extent that such appropriations in any fund are insufficient, 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 pay such amounts.

Section 24 of this part provides that employees who participate in a special annuity program under article 8-C of the Education Law shall not suffer any reduction of the salary adjustment to which they are otherwise entitled under the program, as a result of an increase in compensation provided for in this bill.

Section 25 of this part appropriates funding for statewide labor-management committees dealing with issues of productivity, the quality of work life and other issues in accordance with the collectively negotiated agreement.

Section 26 of this part provides for an immediate effective date of this part, which shall be deemed to have been in full force and effect on and after April 2, 2011. Appropriations made by this chapter shall remain in full force and effect for liabilities incurred through March 31, 2012.

PART B OF THE BILL:

Section 1 of this part repeals Civil Service Law § 130(1)(d) and replaces it with a new paragraph (d), which includes new salary schedules for competitive, noncompetitive and labor class employees designated M/C, or who are otherwise excluded from representation rights.

Section 2 of this part repeals Correction Law § 19(1), and replaces it with a new subdivision 1 providing new salary schedules for superintendents of correctional facilities.

Section 3 of this part authorizes an increase in basic annual salary of 2 percent effective April 1, 2014 and 2 percent effective April 1, 2015. It provides for a lump sum payment of $775 effective April 1, 2013 and a lump sum payment of $225 effective April 1, 2014. Additionally, this section provides for performance advances, merit awards and longevity payments for non-statutorily paid employees.

Sections 4 and 5 of this part provide salary increases and lump sum payments consistent with the salary increases provided in Section 3 of this part for certain State officers and employees in the Division of State Police, certain State employees in the State University and certain employees of the contract colleges at Cornell and Alfred.

Section 6 of this part continues existing location compensation for employees whose principal place of employment is located in New York City, or the counties of Westchester, Rockland, Suffolk, Nassau, Dutchess, Putnam, Orange and Monroe. Employees in the counties of Dutchess, Putnam or Orange continue to receive location compensation at the annual rate of $1,513. Employees in New York City, or in the counties of Rockland, Westchester, Nassau or Suffolk shall receive location compensation at the annual rate of $3,026. For the county of Monroe, only employees hired before March 31, 1985 shall be eligible for continued location compensation of $200 per year.

Section 7 of this part continues location compensation for certain officers and employees of the Hudson Valley Developmental Disabilities Services Office.

Section 8 of this part provides for the continuation of an overtime meal allowance for employees covered by this part.

Section 9 of this part continues authorization for payment of grievance settlements and awards pursuant to the Executive Order No. 42 grievance procedure, which applies to M/C employees.

Section 10 of this part authorizes the State Comptroller to make payments required during the fiscal years commencing April 1, 2011.

Section 11 of this part provides that employees who participate in a special annuity program under article 8-C of the Education Law shall not suffer any reduction of the salary adjustment to which they are otherwise entitled under the program, as a result of an increase in compensation provided for in this bill.

Section 12 of this part provides that salary increases, pursuant to this bill, shall be effective on the first day of the first pay period nearest to the effective date of any such salary Increase.

Section 13 of this part provides that the Director of the Budget may withhold any salary increase in order to: reflect the job performance of an officer or of an employee, maintain appropriate salary relationships among employees, reduce state expenditures to acceptable levels, or whenever such increase is not warranted or appropriate. Additionally, this section provides that the Director of the Budget may devise and implement a salary reduction plan covering employees covered by this part.

Section 14 of this part appropriates additional funding to supplement currently available appropriations to carry out the benefits and training and development programs. In addition, funding is included to cover the pro rata M/C share of negotiated programs.

Section 15 of this part provides for an immediate effective date of this part, which shall be deemed to have been in full force and effect on and after April 1, 2011. Appropriations made by this chapter shall remain in full force and effect for liabilities incurred through March 31, 2012.

STATEMENT IN SUPPORT OF THE BILL:

PART A OF THE BILL:

This part of the bill implements the terms of a collective bargaining agreement covering members of the Administrative Services Unit, the Institutional Services Unit, the Operational Services Unit and the Division of Military and Naval Affairs Unit represented by CSEA. Approximately 59,000 full-time annual employees are covered by the Agreement, including keyboard specialists, clerks, cleaners, developmental and mental health therapy aides, nurses and highway maintenance workers.

The prior agreement governing these employees expired on April 1, 2011. Under Article 14 of the Civil Service Law, the Agreement is binding on all parties to it. This bill incorporates the terms of that Agreement relating to salary increases, salary deductions, salary reductions, benefit modifications, and modifications to terms and conditions of employment and appropriates funds necessary to pay for it, in accordance with the State's obligations.

PART B OF THE BILL:

This part of the bill establishes terms and conditions of employment for M/C and other unrepresented employees.

This part of the bill provides M/C and other unrepresented employees with compensation increases and payments that are comparable to recently negotiated increases and payments for certain represented employees. Such parity is essential to provide for appropriate salary administration (by maintaining proper salary relationships and mitigating salary compression), assure productivity, maintain good morale, and to allow for the recruitment and retention of competent staff.

FISCAL IMPLICATIONS OF THE BILL:

Part A of the bill would provide appropriations totaling approximately $19 million to pay for the cost of the negotiated agreement during the period April 2, 2011 to March 31, 2012.

Part B of the bill would provide appropriations totaling approximately $3.5 million to pay its cost during the period April 1, 2011 to March 31, 2012.

EFFECTIVE DATE:

Part A of the bill takes effect retroactively as of April 2, 2011 and Part B of the bill takes effect retroactively as of April 1, 2011.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 5846 A. 8513 2011-2012 Regular Sessions S E N A T E - A S S E M B L Y June 22, 2011 ___________
IN SENATE -- 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 IN ASSEMBLY -- Introduced by M. of A. ABBATE -- (at request of the Governor) -- read once and referred to the Committee on Ways and Means AN ACT to amend the civil service law and the state finance law, in relation to compensation 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; to amend chapter 333 of the laws of 1969 amending the civil service law and other laws relating to salary increases for certain state officers and employees, in relation to rates of pay for certain state employees; to repeal certain provisions of the civil service law relating thereto; and making an appropriation for the purpose of effectuating certain provisions hereof (Part A); to amend the civil service law and the correction law, in relation to salaries; to repeal certain provisions of such laws relating thereto; and making an appropriation for the purpose of effectuating certain provisions hereof (Part B) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law legislation necessary to implement collective bargaining agreements, to make changes to an existing collec- tive bargaining agreement, and to implement changes to salary and bene- fits for certain state officers and employees excluded from collective negotiating units. Each component is wholly contained within a Part identified as Parts A through B. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, includ- ing the effective date of the Part, which makes reference to a section
"of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section two of this act sets forth the gener- al severability clause applying to this act. Section three of this act sets forth the general effective date of this act. PART A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE STATE OF NEW YORK AND THE CIVIL SERVICE EMPLOYEES ASSOCIATION, INC. FOR 2011-2016 Section 1. Subparagraphs 1, 2, 3 and 4 of paragraph a of subdivision 1 of section 130 of the civil service law are REPEALED and three new subparagraphs 1, 2 and 3 are added to read as follows: (1) EFFECTIVE APRIL FIRST, TWO THOUSAND TEN FOR OFFICERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH TWENTY-FIFTH, TWO THOUSAND TEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL PAYROLL: SG HR STEP STEP STEP STEP STEP STEP JR INCR 1 2 3 4 5 6 1 22041 22785 23529 24273 25017 25761 26505 27249 744 2 22883 23663 24443 25223 26003 26783 27563 28343 780 3 24025 24840 25655 26470 27285 28100 28915 29730 815 4 25074 25937 26800 27663 28526 29389 30252 31115 863 5 26274 27178 28082 28986 29890 30794 31698 32602 904 6 27744 28683 29622 30561 31500 32439 33378 34317 939 7 29278 30263 31248 32233 33218 34203 35188 36173 985 8 30928 31951 32974 33997 35020 36043 37066 38089 1023 9 32653 33722 34791 35860 36929 37998 39067 40136 1069 10 34521 35642 36763 37884 39005 40126 41247 42368 1121 11 36523 37700 38877 40054 41231 42408 43585 44762 1177 12 38612 39830 41048 42266 43484 44702 45920 47138 1218 13 40903 42177 43451 44725 45999 47273 48547 49821 1274 14 43270 44596 45922 47248 48574 49900 51226 52552 1326 15 45781 47163 48545 49927 51309 52691 54073 55455 1382 16 48346 49792 51238 52684 54130 55576 57022 58468 1446 17 51067 52595 54123 55651 57179 58707 60235 61763 1528 18 54018 55614 57210 58806 60402 61998 63594 65190 1596 19 56912 58587 60262 61937 63612 65287 66962 68637 1675 20 59889 61630 63371 65112 66853 68594 70335 72076 1741 21 63101 64924 66747 68570 70393 72216 74039 75862 1823 22 66484 68389 70294 72199 74104 76009 77914 79819 1905 23 70038 72026 74014 76002 77990 79978 81966 83954 1988 24 73850 75908 77966 80024 82082 84140 86198 88256 2058 25 77931 80080 82229 84378 86527 88676 90825 92974 2149 (2) EFFECTIVE MARCH TWENTY-SEVEN, TWO THOUSAND FOURTEEN FOR OFFICERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE APRIL THREE, TWO THOUSAND FOURTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL PAYROLL: SG HR STEP STEP STEP STEP STEP STEP JR INCR 1 2 3 4 5 6 1 22482 23241 24000 24759 25518 26277 27036 27795 759 2 23341 24137 24933 25729 26525 27321 28117 28913 796 3 24506 25337 26168 26999 27830 28661 29492 30323 831 4 25575 26455 27335 28215 29095 29975 30855 31735 880 5 26799 27721 28643 29565 30487 31409 32331 33253 922 6 28299 29257 30215 31173 32131 33089 34047 35005 958
7 29864 30869 31874 32879 33884 34889 35894 36899 1005 8 31547 32590 33633 34676 35719 36762 37805 38848 1043 9 33306 34396 35486 36576 37666 38756 39846 40936 1090 10 35211 36354 37497 38640 39783 40926 42069 43212 1143 11 37253 38454 39655 40856 42057 43258 44459 45660 1201 12 39384 40626 41868 43110 44352 45594 46836 48078 1242 13 41721 43020 44319 45618 46917 48216 49515 50814 1299 14 44135 45488 46841 48194 49547 50900 52253 53606 1353 15 46697 48107 49517 50927 52337 53747 55157 56567 1410 16 49313 50788 52263 53738 55213 56688 58163 59638 1475 17 52088 53647 55206 56765 58324 59883 61442 63001 1559 18 55098 56726 58354 59982 61610 63238 64866 66494 1628 19 58050 59759 61468 63177 64886 66595 68304 70013 1709 20 61087 62863 64639 66415 68191 69967 71743 73519 1776 21 64363 66222 68081 69940 71799 73658 75517 77376 1859 22 67814 69757 71700 73643 75586 77529 79472 81415 1943 23 71439 73467 75495 77523 79551 81579 83607 85635 2028 24 75327 77426 79525 81624 83723 85822 87921 90020 2099 25 79490 81682 83874 86066 88258 90450 92642 94834 2192 (3) EFFECTIVE MARCH TWENTY-SIX, TWO THOUSAND FIFTEEN FOR OFFICERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE APRIL TWO, TWO THOUSAND FIFTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL PAYROLL: SG HR STEP STEP STEP STEP STEP STEP JR INCR 1 2 3 4 5 6 1 22932 23706 24480 25254 26028 26802 27576 28350 774 2 23808 24620 25432 26244 27056 27868 28680 29492 812 3 24996 25844 26692 27540 28388 29236 30084 30932 848 4 26087 26985 27883 28781 29679 30577 31475 32373 898 5 27335 28275 29215 30155 31095 32035 32975 33915 940 6 28865 29842 30819 31796 32773 33750 34727 35704 977 7 30461 31486 32511 33536 34561 35586 36611 37636 1025 8 32178 33242 34306 35370 36434 37498 38562 39626 1064 9 33972 35084 36196 37308 38420 39532 40644 41756 1112 10 35915 37081 38247 39413 40579 41745 42911 44077 1166 11 37998 39223 40448 41673 42898 44123 45348 46573 1225 12 40172 41439 42706 43973 45240 46507 47774 49041 1267 13 42555 43880 45205 46530 47855 49180 50505 51830 1325 14 45018 46398 47778 49158 50538 51918 53298 54678 1380 15 47631 49069 50507 51945 53383 54821 56259 57697 1438 16 50299 51804 53309 54814 56319 57824 59329 60834 1505 17 53130 54720 56310 57900 59490 61080 62670 64260 1590 18 56200 57861 59522 61183 62844 64505 66166 67827 1661 19 59211 60954 62697 64440 66183 67926 69669 71412 1743 20 62309 64120 65931 67742 69553 71364 73175 74986 1811 21 65650 67546 69442 71338 73234 75130 77026 78922 1896 22 69170 71152 73134 75116 77098 79080 81062 83044 1982 23 72868 74937 77006 79075 81144 83213 85282 87351 2069 24 76834 78975 81116 83257 85398 87539 89680 91821 2141 25 81080 83316 85552 87788 90024 92260 94496 96732 2236 S 2. Subdivision 8 of section 167 of the civil service law, as added by chapter 442 of the laws of 1999, is amended to read as follows: 8. Notwithstanding any inconsistent provision of law, where and to the extent that an agreement between the state and an employee organization entered into pursuant to article fourteen of this chapter so provides, the state cost of premium or subscription charges for eligible employees covered by such agreement may be [increased] MODIFIED pursuant to the
terms of such agreement [and for a duration provided by such agreement and pursuant to rules and regulations as may be established by the presi- dent. Such increase in state cost shall only apply during the period of eligibility provided by such agreement and shall not be applied during retirement]. THE PRESIDENT, WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, MAY EXTEND THE MODIFIED STATE COST OF PREMIUM OR SUBSCRIPTION CHARGES FOR EMPLOYEES OR RETIREES NOT SUBJECT TO AN AGREEMENT REFERENCED ABOVE AND SHALL PROMULGATE THE NECESSARY RULES OR REGULATIONS TO IMPLE- MENT THIS PROVISION. S 3. Subdivision 2 of section 208 of the civil service law, as amended by section 3 of part A of chapter 10 of the laws of 2008, is amended to read as follows: 2. An employee organization certified or recognized pursuant to this article shall be entitled to unchallenged representation status until seven months prior to the expiration of a written agreement between the public employer and said employee organization determining terms and conditions of employment. For the purposes of this subdivision, (a) any such agreement for a term covering other than the fiscal year of the public employer shall be deemed to expire with the fiscal year ending immediately prior to the termination date of such agreement, (b) any such agreement having a term in excess of three years shall be treated as an agreement for a term of three years, provided, however, any such agree- ment between the state and an employee organization representing employ- ees in the executive or judicial branches which commences in the calendar year two thousand [seven] ELEVEN having a term in excess of three years shall be treated as an agreement for a term certain specified in such agreement but in no event for a term greater than four years, AND (c) extensions of any such agreement shall not extend the period of unchal- lenged representation status[, and (d) notwithstanding any provision of law to the contrary, the interest arbitration award issued pursuant to the provisions of paragraph (e) of subdivision four of section two hundred nine of this article binding the executive branch of the state of New York and the employee organization which represents the collective negotiating unit consisting of troopers and the unit consisting of commissioned and non-commissioned officers in the division of state police, covering a period commencing April first, nineteen hundred nine- ty-nine, shall be treated as a written agreement for the term specified in such award solely for the representation purposes of this section]. S 4. Paragraph (e) of subdivision 3 of section 130 of the civil service law, as amended by section 4 of part A of chapter 10 of the laws of 2008, is amended to read as follows: (e) [(i) Prior to April first, two thousand ten, and notwithstanding any inconsistent provision of law, officers and employees to whom para- graph a of subdivision one of this section applies who, on or after April first, nineteen hundred eighty-seven, on their anniversary date have five or more years of continuous service as defined by paragraph (c) of this subdivision at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade, but below the first longevity step and whose performance for the most recent rating period was rated at least "satisfactory" or its equivalent, shall have their basic annual salary increased to the first longevity step or shall have their basic annual salary as otherwise effective increased by seven hundred fifty dollars, or by eight hundred seventy-five dollars on or after April first, two thousand seven; or by one thousand dollars on or after April first, two thousand eight; or by one thousand one hundred twenty-five dollars on or after April first, two thousand nine or as much
of that amount as will not result in the new basic annual salary exceed- ing the step two longevity step. Notwithstanding any inconsistent provision of law, officers and employees to whom paragraph a of subdivi- sion one of this section apply who, on or after April first, nineteen hundred eighty-seven, on their anniversary date have ten or more years of continuous service as defined by paragraph (c) of this subdivision at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade, but below the second longevity step and whose performance for the most recent rating period was rated at least "satisfactory" or its equivalent, shall have their basic annual salary increased to the second longevity step as found in paragraph a of subdi- vision one of this section. Such increases to longevity steps by eligible officers or employees shall become effective on the first day of the payroll period which next begins following the anniversary date which satisfies the prescribed service requirements. For the purposes of this paragraph the term continuous service as defined by paragraph (c) of this subdivision for employees in the division of military and naval affairs unit shall refer to uninterrupted service in the civilian service of the division of military and naval affairs. (ii) Officers]
WHERE, AND TO THE EXTENT THAT, AN AGREEMENT BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOUR- TEEN OF THIS CHAPTER ON BEHALF OF OFFICERS AND EMPLOYEES SERVING IN POSI- TIONS IN THE ADMINISTRATIVE SERVICES UNIT, INSTITUTIONAL SERVICES UNIT, OPERATIONAL SERVICES UNIT OR MILITARY AND NAVAL AFFAIRS UNIT SO PROVIDES OFFICERS and employees to whom paragraph a of subdivision one of this section applies who, on or after April first, two thousand [ten] ELEVEN, on their anniversary date have five or more years, BUT LESS THAN TEN YEARS, of continuous service as defined by paragraph (c) of this subdivi- sion at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade, shall receive a lump sum payment in the amount of one thousand two hundred fifty dollars. [Officers] WHERE, AND TO THE EXTENT THAT, AN AGREEMENT BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER ON BEHALF OF OFFICERS AND EMPLOYEES SERVING IN POSITIONS IN THE ADMINISTRATIVE SERVICES UNIT, INSTITUTIONAL SERVICES UNIT, OPERATIONAL SERVICES UNIT OR MILITARY AND NAVAL AFFAIRS UNIT SO PROVIDES OFFICERS and employees to whom paragraph a of subdivision one of this section applies who, on or after April first, two thousand [ten] ELEVEN, on their anni- versary date have ten or more years of continuous service as defined by paragraph (c) of this subdivision at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade shall receive a lump sum payment in the amount of two thousand five hundred dollars. Such lump sum payment shall be in addition to and not part of the employee's basic annual salary, provided however that any amount payable by this paragraph shall be included as compensation for overtime and retirement purposes. Such lump sum payment shall be payable in April of each fiscal year, or as soon as practicable thereafter, for those eligible employees who have achieved five or more, or ten or more years of continuous service as defined by paragraph (c) of this subdivision at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade during the period October first through March thirty-first of the previous fiscal year. Such payment shall be payable in October of each fiscal year, or as soon as practicable thereafter, for those eligi- ble employees who have achieved five or more, or ten or more years of
continuous service as defined by paragraph (c) of this subdivision at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade during the period April first through September thirtieth of that same fiscal year. [All compensation already included in an employee's basic annual salary pursuant to subparagraph (i) of this paragraph shall remain included in such basic annual salary.] S 5. Subdivision 12-d of section 8 of the state finance law, as amended by section 5 of part A of chapter 10 of the laws of 2008, is amended to read as follows: 12-d. Notwithstanding any inconsistent provision of the court of claims act, examine, audit and certify for payment any claim submitted and approved by the head of a state department or agency, other than a department or agency specified in subdivision twelve of this section, for personal property of an employee damaged or destroyed in the course of the performance of official duties without fault on his part by an inmate, patient or client of such department or agency after March thir- ty-first, two thousand [seven] ELEVEN and prior to April first, two thou- sand [eleven] SIXTEEN, provided no such claim may be certified for payment to an officer or employee who is in a collective negotiating unit until the director of employee relations shall deliver to the comptroller a [certificate] LETTER that there is in effect with respect to such nego- tiating unit a written collectively negotiated agreement with the state pursuant to article fourteen of the civil service law which provides therefor. Payment of any such claim shall not exceed the sum of three hundred dollars. No person submitting a claim under this subdivision shall have any claim for damages to such personal property approved pursuant to the provision of subdivision four of section five hundred thirty of the labor law or any other applicable provision of law. S 6. Subdivision 12-e of section 8 of the state finance law, as amended by section 6 of part A of chapter 10 of the laws of 2008, is amended to read as follows: 12-e. Notwithstanding any inconsistent provision of the court of claims act, where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of the civil service law on behalf of officers and employees serving in posi- tions in the professional, scientific and technical services unit, admin- istrative services unit, institutional services unit, operational services UNIT OR and military and naval affairs unit so provides, exam- ine, audit and certify for payment any claim submitted and approved by the head of a state department or agency for personal property of an officer or employee damaged or destroyed in the actual performance of official duties without fault or negligence of the officer or employee other than a claim specified and covered by subdivision twelve or twelve-d of this section after March thirty-first, two thousand [seven] ELEVEN and before April first, two thousand [eleven] SIXTEEN. Payment of such claim shall not exceed the sum of three hundred fifty dollars. Where an agreement between the state and such employee organization entered into pursuant to article fourteen of the civil service law provides for payment to be made to officers and employees by a state department or agency, such payments for claims not in excess of the amount specified in subdivision three of section one hundred fifteen of this chapter may be made from a petty cash account established pursuant to section one hundred fifteen of this chapter and in the manner prescribed therein and pursuant to regulations of the comptroller. No person submitting a claim under this subdivision shall have any claim for damages to such personal property approved pursuant to the provisions of subdivision four of
section five hundred thirty of the labor law or any other applicable provision of law. S 7. Section 200 of the state finance law is amended by adding a new subdivision 5 to read as follows: 5. NOTWITHSTANDING ANY LAW TO THE CONTRARY, BY AGREEMENT BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOUR- TEEN OF THE CIVIL SERVICE LAW, OR BY AN INTEREST ARBITRATION AWARD BIND- ING THE STATE AND AN EMPLOYEE ORGANIZATION PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, OR BY THE DIRECTOR OF BUDGET FOR STATE OFFICERS AND EMPLOYEES IN THE EXECUTIVE BRANCH WHO ARE IN POSITIONS WHICH ARE NOT IN COLLECTIVE NEGOTIATING UNITS, PLANS MAY BE ESTABLISHED TO REDUCE THE BASIC ANNUAL SALARY, HOURLY RATE OR PER DIEM FOR ANY EMPLOYEE WITHIN THE PURVIEW OF SUCH AGREEMENT, INTEREST ARBITRATION AWARD, OR THE BUDGET DIRECTOR'S AUTHORITY. ANY PLAN OR PLANS ESTABLISHED UNDER THIS SECTION WILL BE IMPLEMENTED WHEN THE BUDGET DIRECTOR NOTIFIES THE DIRECTOR OF THE GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS AND DELIVERS SUCH PLAN OR PLANS TO THE COMPTROLLER, AT WHICH POINT THE COMPTROLLER WILL TAKE THE NECES- SARY ACTIONS TO REDUCE, RESTORE, OR REPAY COMPENSATION, PROVIDED HOWEVER, THAT THE COMPTROLLER MUST TAKE SUCH ACTIONS WHOLLY WITHIN THE FISCAL YEAR THAT SUCH PLAN REQUIRES. AFTER THE CESSATION OF SUCH PLAN, THE COMP- TROLLER SHALL RESTORE SUCH SALARY, HOURLY RATE OR PER DIEM TO THE AMOUNT IN EFFECT IMMEDIATELY BEFORE THE COMMENCEMENT OF SUCH PLAN. S 8. Subdivision 1 of section 135 of the civil service law is amended adding a new paragraph (d) to read as follows: (D) PAYMENTS MADE PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT NEGOTI- ATED PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER OR REGULATIONS PROMUL- GATED BY THE PRESIDENT PURSUANT TO SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-THREE OF THIS CHAPTER PERMITTING PAYMENT TO AN EMPLOYEE OR OFFICER IN EXCHANGE FOR THE EMPLOYEE'S ELECTION TO WITHDRAW FROM THE HEALTH INSURANCE PLAN ESTABLISHED PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER. SUCH PAYMENTS SHALL NOT BE CONSIDERED PART OF AN EMPLOYEE'S BASIC ANNUAL SALARY AND SHALL NOT BE CONSIDERED COMPENSATION FOR THE PURPOSES OF OVERTIME CALCULATION OR RETIREMENT. S 9. Compensation for certain state officers and employees in collec- tive negotiating units. 1. The provisions of this section shall apply, except as otherwise stated in this section, to all full-time officers and employees in the collective negotiating units designated as the adminis- trative services unit, the institutional services unit, the operational services unit, or the division of military and naval affairs unit estab- lished pursuant to article 14 of the civil service law. 2. (a) Effective March 28, 2013 for officers and employees on the administrative payroll and effective April 4, 2013 for officers and employees on the institutional payroll pursuant to article 14 of the civil service law a lump sum payment of $775 shall be made to each employee in such units in full-time annual salaried employment status who was (i) active on the date of ratification of the agreement between the state and the negotiating unit covering such employee and (ii) in contin- uous service, as defined by paragraph (c) of subdivision 3 of section 130 of the civil service law, from that date until March 28, 2013 for offi- cers and employees on the administrative payroll and on April 4, 2013 for officers and employees on the institutional payroll. Such lump sum shall be considered salary for final average salary retirement purposes but shall not become part of basic annual salary. Notwithstanding the forego- ing provisions of this subdivision, officers and employees who would have otherwise been eligible to receive such lump sum payment, but who were not on the payroll on such date, shall be eligible for said payment if
they return to full-time employment status during the fiscal year 2013-2014 without a break in continuous service. (b) Effective March 27, 2014 for officers and employees on the adminis- trative payroll and effective April 3, 2014 for officers and employees on the institutional payroll pursuant to article 14 of the civil service law a lump sum payment of $225 shall be made to each employee in such units in full-time annual salaried employment status who was (i) active on the date of ratification of the agreement between the state and the negotiat- ing unit covering such employee and (ii) in continuous service, as defined by paragraph (c) of subdivision 3 of section 130 of the civil service law, from that date until March 28, 2013 for officers and employ- ees on the administrative payroll and April 4, 2013 for officers and employees on the institutional payroll. Such lump sum shall be considered salary for final average salary retirement purposes but shall not become part of basic annual salary. 3. Effective March 27, 2014 for officers and employees on the adminis- trative payroll and effective April 3, 2014 for officers and employees on the institutional payroll, the basic annual salary of officers and employees in full-time annual salaried employment status on the day before such payroll period shall be increased by two percent adjusted to the nearest whole dollar amount. 4. Effective March 26, 2015 for officers and employees on the adminis- trative payroll and effective April 2, 2015 for officers and employees on the institutional payroll, the basic annual salary of officers and employees in full-time annual salaried employment status on the day before such payroll period shall be increased by two percent adjusted to the nearest whole dollar amount. 5. Notwithstanding the provisions of subdivisions three and four of this section, if the basic annual salary of an officer or employee to whom the provisions of this section apply is identical with the hiring rate, step one, two, three, four, five, six or job rate of the salary grade of his or her position on the effective dates of the increases provided in these subdivisions, such basic annual salary shall be increased to the hiring rate, step one, two, three, four, five, six or job rate, respectively, of such salary grade as contained in the appro- priate salary schedules in subparagraphs 2 and 3 of paragraph a of subdi- vision 1 of section 130 of the civil service law, as added by section one of this act, to take effect on the dates provided in subparagraphs 2 and 3, respectively. The increases in basic annual salary provided by this subdivision shall be in lieu of any increase in basic annual salary provided for in subdivisions three and four of this section. 6. Payments pursuant to the provisions of subdivision 6 of section 131 of the civil service law for full-time annual salaried officers and employees entitled to such payments to whom the provisions of this section apply shall be payable in accordance with the terms of an agree- ment reached pursuant to article 14 of the civil service law between the state and an employee organization representing employees subject to the provisions of this section. 7. If an unencumbered position is one which if encumbered, would be subject to the provisions of this section, the salary of such position shall be increased by the salary increase amounts specified in this section. If a position is created, and filled by the appointment of an officer or employee who is subject to the provisions of this section, the salary otherwise provided for such position shall be increased in the same manner as though such position had been in existence but unencum- bered.
8. The increases in salary provided in subdivisions three and four of this section, and also the payments provided in subdivision two of this section, shall apply on a prorated basis to officers and employees, otherwise eligible to receive an increase in salary, who are paid on an hourly or per diem basis, employees serving on a part-time or seasonal basis and employees paid on any basis other than at an annual salary rate. Notwithstanding the foregoing, the provisions of subdivision six of this section shall not apply to employees serving on an hourly, per diem, or seasonal basis, except as determined by the director of the budget. 9. In order to provide for the officers and employees to whom this section applies who are not allocated to salary grades, but are paid on an annual basis, increases and payments pursuant to subdivision six of this section in proportion to those provided to persons to whom this section applies who are allocated to salary grades, the director of the budget is authorized to add appropriate adjustments and/or payments to the compensation which such officers and employees are otherwise entitled to receive. The director of the budget shall issue certificates which shall contain schedules of positions and the salaries and/or payments thereof for which adjustments and/or payments are made pursuant to the provisions of this subdivision, and a copy of each such certificate shall be filed with the state comptroller, the state department of civil service, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. 10. Notwithstanding any other provision of this section, the provisions of this section shall not apply to officers or employees paid on a fee schedule basis. 11. Notwithstanding any other provision of this section, any increase in compensation for any officer or employee appointed to a lower graded position from a redeployment list pursuant to subdivision 1 of section 79 of the civil service law who continues to receive his or her former sala- ry pursuant to such subdivision shall be determined on the basis of such lower graded position provided, however, that the increases in salary provided in this section shall not cause such officer's or employee's salary to exceed the job rate of such lower graded position. 12. Notwithstanding any of the foregoing provisions of this section or of any law to the contrary, the director of the budget may reduce the salary of any position which is vacant or which becomes vacant, so long as the position, if encumbered, would be subject to the provisions of this section. The director of the budget does not need to provide a reason for such reduction. 13. Notwithstanding any of the foregoing provisions of this section or of any law to the contrary, 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 director of the budget and the director of employee relations, such increase is not warranted or is not appropriate for any reason. S 10. Compensation for certain employees of the contract colleges at Cornell and Alfred universities. 1. During the period April 1, 2011 to March 31, 2016, the basic annual salaries of positions in the nonprofes- sional service, except those positions in the Cornell service and mainte- nance unit which are subject to the terms of a collective bargaining agreement between Cornell University and the employee organization representing employees in such positions and except those positions in the Alfred service and maintenance unit which are subject to the terms of a collective bargaining agreement between Alfred University and the employee organization representing employees in such positions, in insti-
tutions under the management and control of Cornell and Alfred universi- ties as representatives of the board of trustees of the state university may be increased pursuant to plans approved by the state university trus- tees. Such plans may include new salary schedules which shall supersede the salary schedules then in effect applicable to such employees. Such increases in basic annual salary rates, exclusive of performance advance- ment payments or merit recognition payments, shall not exceed in the aggregate the payments provided in subdivisions two, three, and four of section nine of this act, for incumbents of positions subject to this subdivision. Such plans may provide, within the appropriations available therefor, an amount for distribution in whole or in part for meritorious service by Cornell and Alfred universities, in their discretion, with the approval of the state university trustees to the incumbents of such posi- tions. 2. For the purposes of this section, the basic annual salary of employ- ees is that salary which is obtained through direct appropriation of state moneys for the purpose of paying wages. Nothing in this section shall prevent payment of additional amounts to incumbents of such posi- tions in the nonprofessional service in addition to the basic annual salary; provided, however, that the amounts required for such additional payment, and the cost of fringe benefits attributable to such payment, as determined by the comptroller, are made available to the state in accord- ance with the procedures established by the state university for such purposes. 3. Notwithstanding the foregoing provisions of this section, any increase in compensation provided by this section may be withheld in whole or in part from any officer or employee when, in the opinion of the director of the budget, such withholding is necessary to reflect the job performance of such officer or employee, or to maintain appropriate sala- ry relationships among officers or employees of the state, or to reduce state expenditures to acceptable levels, or when such increase is not warranted or is not appropriate for any reason and the salary of such officer or employee is set at the discretion of the appointing authority. 4. Notwithstanding the foregoing provisions of this subdivision or act or any other provision of law, rule or regulation to the contrary, the contract colleges at Cornell and Alfred universities are authorized to provide for a procedure for the repayment of salaries withheld from incumbents of positions subject to this subdivision as described in subdivision one of this section, pursuant to subdivision 2-a of section 200 of the state finance law in lieu of the lump sum payment authorized by subparagraph 3 of paragraph (a) of subdivision 2-a of section 200 of the state finance law, subject to the approval of the state university trustees. Further, Cornell and Alfred universities are authorized to provide that the salary of employees newly hired on or after September 1, 1992 shall not be subject to the provisions of subdivision 2-a of section 200 of the state finance law. S 11. Location compensation for certain state officers and employees in collective negotiating units. Notwithstanding any inconsistent provisions of law, full-time annual salaried officers and employees, as well as non-annual salaried seasonal officers and employees who shall receive the compensation provided for pursuant to this section on a pro- rated basis, except non-annual salaried officers and employees who are not seasonal, in the collective negotiating units designated as the administrative services unit, the institutional services unit, the opera- tional services unit, or the division of military and naval affairs unit established pursuant to article 14 of the civil service law, whose prin-
cipal place of employment or, in the case of a field employee, whose official station as determined in accordance with the regulations of the comptroller is located (1) in the county of Monroe and who were eligible to receive location pay on March 31, 1985, shall receive location pay at the rate of $200 per year provided they continue to be otherwise eligible or (2) in the city of New York, or in the county of Rockland, Westches- ter, Nassau or Suffolk shall, effective April 1, 2011, continue to receive a downstate adjustment at the annual rate of $3,026 (3) in the county of Dutchess, Putnam or Orange shall, effective April 1, 2011, continue to receive a mid-Hudson adjustment at the annual rate of $1,513. Such location payments shall be in addition to and shall not be a part of an officer's or employee's basic annual salary, and shall not affect or impair any performance advancements or other rights or benefits to which an officer or employee may be entitled by law, provided, however, that location payments shall be included as compensation for purposes of computation of overtime pay and for retirement purposes. For the sole purpose of continuing eligibility for location pay in Monroe county, an officer or employee previously eligible to receive location pay on March 31, 1985 who is on an approved leave of absence or participates in an employer program to reduce to part-time service during summer months shall continue to be eligible for said location pay upon return to full- time state service in Monroe county. S 12. Continuation of location compensation for certain officers and employees of the Hudson Valley developmental disabilities services office. 1. Notwithstanding any law, rule or regulation to the contrary, any officer or employee of the Hudson Valley developmental disabilities services office represented in the collective negotiating units desig- nated as the administrative services unit, the institutional services unit or the operational services unit, who is receiving location pay pursuant to section 5 of chapter 174 of the laws of 1993 shall continue to receive such location pay under the conditions and at the rates speci- fied by such section. 2. Notwithstanding any law, rule or regulation to the contrary, any officer or employee of the Hudson Valley developmental disabilities services office represented in the collective negotiating units desig- nated as the administrative services unit, the institutional services negotiating unit or the operational services negotiating unit, who is receiving location pay pursuant to subdivision 2 of section 9 of chapter 315 of the laws of 1995 shall continue to receive such location pay under the conditions and at the rates specified by such subdivision. 3. Notwithstanding section eleven of this act or any other law, rule or regulation to the contrary, any officer or employee of the Hudson Valley developmental disabilities services office represented in the collective negotiating units designated as the administrative services unit, the institutional services unit or the operational services unit, who is receiving location pay pursuant to such section eleven shall continue to be eligible for such location pay if such officer's or employee's princi- pal place of employment is changed to a location outside of the county of Rockland as the result of a reduction or redeployment of staff, provided, however, that such officer or employee is reassigned to or otherwise appointed or promoted to a different position at another work location within the Hudson Valley developmental disabilities services office located outside of the county of Rockland. The rate of such continued location pay shall not exceed the rates such officer or employee is receiving on the date of such reassignment, appointment or promotion.
S 13. Notwithstanding any law, rule or regulation to the contrary, certain full-time employees of the office for people with developmental disabilities in the collective negotiating unit designated as the insti- tutional services unit who are required to sleep over at their work site shall continue to receive inconvenience pay pursuant to section 17 of chapter 333 of the laws of 1969 as amended, in accordance with and subject to the conditions established by the terms of a negotiated agree- ment between the state and an employee organization representing such unit and the resolution of a contract grievance bearing identification number 98-04-448. S 14. Additional compensation for certain employees in recognition of pre-shift briefing. 1. In recognition of the general requirement for full-time employees of the state in the collective negotiating unit designated as the division of military and naval affairs unit, estab- lished pursuant to article 14 of the civil service law, to assemble for briefing prior to the commencement of duties, each such employee shall receive additional compensation at the rate of $60 per biweekly payroll period in accordance with the terms of a collectively negotiated agree- ment between the state and an employee organization representing such employees pursuant to article 14 of the civil service law. Such addi- tional compensation shall be paid in addition to and shall not be a part of the employee's basic annual salary. Notwithstanding the foregoing provisions of this section, or of any other law, such additional compen- sation as added by this section shall be in lieu of the continuation of any other additional compensation for such employees paid prior to June 2, 1988, in recognition of pre-shift briefing. 2. Notwithstanding any inconsistent provisions of law, effective April 1, 2011, where and to the extent that, an agreement between the state and an employee organization entered into pursuant to article 14 of the civil service law so provides, in recognition of the general requirement that certain full-time employees of the state in the collective negotiating unit designated as the institutional services unit, established pursuant to article 14 of the civil service law, in the employ of the office of children and family services, to assemble for briefing prior to the commencement of duties, each such employee shall receive additional compensation in the amount of $4.80, or one-quarter hour of their over- time rate, whichever is higher, when they are required to and actually assemble for such briefing. Such additional compensation shall be paid in addition to and shall not be a part of the employee's basic annual sala- ry. S 15. Assignment to duty pay. Notwithstanding any inconsistent provisions of law, effective April 1, 2011, where and to the extent that, an agreement between the state and an employee organization entered into pursuant to article 14 of the civil service law so provides, an assign- ment to duty lump sum shall be paid each year to an employee who is serv- ing in a particular assignment deemed qualified pursuant to such agree- ment. Such payment shall be in an amount negotiated for those employees assigned to qualifying work assignments and who work such assignments for the minimum periods of time in a year provided in the negotiated agree- ment. Assignment to duty pay shall not be paid in any year an employee does not meet the minimum period of time in such qualifying assignment required by the agreement or upon cessation of the assignment to duty program on March 30, 2016 unless an extension is negotiated by the parties. Such lump sum shall be considered salary only for final average salary retirement purposes.
S 16. Long term seasonal employees. Notwithstanding any inconsistent provisions of law, effective April 1, 2011, where and to the extent that, an agreement between the state and an employee organization entered into pursuant to article 14 of the civil service law so provides, a lump sum shall be paid each year to an employee who is serving in a qualifying long term seasonal position. Such payment shall be in an amount negoti- ated and pursuant to negotiated qualifying criteria and shall be consid- ered salary only for final average salary retirement purposes. Such bene- fit shall be available until March 30, 2016. S 17. In recognition of the specific requirements for winter mainte- nance activity for full-time employees of the state department of trans- portation in the collective negotiating unit designated as the opera- tional services unit, established pursuant to article 14 of the civil service law, and to the extent the terms of a negotiated agreement between the state and an employee organization representing such unit entered into pursuant to article 14 of the civil service law so provides, such employees shall receive payments for winter maintenance shifts and call-out responses if otherwise eligible and in accordance with such negotiated agreement. S 18. Subdivision 2 of section 17 of chapter 333 of the laws of 1969 amending the civil service law and other laws relating to salary increases for certain state officers and employees, as amended by chapter 214 of the laws of 2009, is amended to read as follows: 2. Any employee subject to this section who is required to work a tour of duty which includes four or more hours between the hours of six p.m. and six a.m., exclusive of any hours for which he or she receives over- time compensation, shall be entitled to inconvenience pay for such tour of duty in an amount equal to the daily rate equivalent of four hundred dollars per year, unless a higher daily rate is authorized under the terms of a collective negotiated agreement between the state and an employee organization pursuant to article 14 of the civil service law, or is authorized by the director of the budget for employees excluded from negotiating rights under article 14 of the civil service law, in which case such daily rate may be up to five hundred seventy-five dollars per year, SHALL CONTINUE effective April 2, [2007] 2011. The provisions of this subdivision shall apply on a prorated basis to officers and employ- ees serving on a seasonal basis in the collective negotiating units designated as the administrative services unit, the institutional services unit, the operational services unit, and the division of mili- tary and naval affairs unit, and officers and employees excluded from collective negotiating units established pursuant to article 14 of the civil service law. S 19. Notwithstanding any inconsistent provision of law, where and to the extent that any agreement between the state and an employee organiza- tion entered into pursuant to article 14 of the civil service law so provides on behalf of employees in the collective negotiating units designated as the administrative, institutional, operational services negotiating units or the military and naval affairs negotiating unit established pursuant to article 14 of the civil service law, the state shall contribute an amount designated in such agreement and for the peri- od covered by such agreement to the accounts of such employees enrolled for dependent care deductions pursuant to subdivision 7 of section 201-a of the state finance law. Such amounts shall be from funds appropriated in this act and shall not be part of basic annual salary for overtime or retirement purposes.
S 20. Notwithstanding any provision of law to the contrary, the appro- priations contained in this act shall be available to the state for the payment and publication of grievance and arbitration settlements and awards pursuant to articles 33 and 34 of the collective negotiating agreement between the state and the employee organization representing the collective negotiating units designated as the administrative services unit, the institutional services unit, the operational services unit or the division of military and naval affairs unit established pursuant to article 14 of the civil service law. S 21. During the period April 2, 2011 through April 1, 2016, there shall be a statewide labor-management committee continued and adminis- tered pursuant to the terms of the agreement negotiated between the state and an employee organization representing employees in the collective negotiating units designated as the administrative services unit, the institutional services unit, the operational services unit or the divi- sion of military and naval affairs unit established pursuant to article 14 of the civil service law which shall, after April 2, 2011, have the responsibility of studying and making recommendations concerning the major issues of productivity, the quality of work life and implementing the agreements reached. S 22. The salary increases, salary deductions, salary reductions, bene- fit modifications, and any other modifications to terms and conditions of employment provided for by this act for state employees in the collective negotiating units designated as the administrative services unit, the institutional services unit, the operational services unit or the divi- sion of military and naval affairs unit established pursuant to article 14 of the civil service law shall not be implemented until the director of employee relations shall have delivered to the director of the budget and the comptroller a letter certifying that there is in effect with respect to such negotiating units collectively negotiated agreements, ratified by the membership, which provide for such increases, deductions, reductions and modifications. S 23. Use of appropriations. The comptroller is authorized to pay any amounts required during the fiscal years commencing April 1, 2011 by the foregoing provisions of this act for any state department or agency from any appropriation or other funds available to such state department or agency for personal service or for other related employee benefits during such fiscal year. To the extent that such appropriations in any fund are insufficient to accomplish the purposes herein set forth, the director of the budget is authorized to allocate to the various departments and agen- cies, from any appropriations available in any fund, the amounts neces- sary to pay such amounts. S 24. Effect of participation in special annuity program. No officer or employee participating in a special annuity program pursuant to the provisions of article 8-C of the education law shall, by reason of an increase in compensation pursuant to this act, suffer any reduction of the salary adjustment to which he or she would otherwise be entitled by reason of participation in such program, and such salary adjustment shall be based upon the salary of such officer or employee without regard to the reduction authorized by such article. S 25. The several amounts as hereinafter set forth, or so much thereof as may be necessary, are hereby appropriated from the fund 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. No money shall be
available for expenditure from this appropriation until a certificate of approval has been issued by the director of the budget and a copy of such certificate or any amendment thereto has been filed with the state comptroller, the chair of the senate finance committee and the chair of the assembly ways and means committee. ALL STATE DEPARTMENTS AND AGENCIES SPECIAL PAY BILLS General Fund / State Operations State Purposes Account - 003 Nonpersonal Service Joint committee on health benefits ............. 1,331,000 Employee training and development ............. 10,714,000 Safety and health maintenance committee .......... 637,000 Employment security committee .................... 525,000 Family Benefits Committee ...................... 2,582,000 Discipline ....................................... 381,000 Employee assistance program ...................... 648,000 Statewide performance rating committee ............ 41,000 Property damage ................................... 32,000 Work related clothing (operational services unit) ........................................ 1,071,000 Tool allowance (operational services unit) ........ 77,000 Tool insurance (operational services unit) ........ 26,000 Uniform allowance (institutional services unit) .......................................... 430,000 Work related clothing (institutional services unit) .................................. 80,000 Contract Administration .......................... 400,000 S 26. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 2, 2011. Appropri- ations made by this act shall remain in full force and effect for liabilities incurred through March 31, 2012. ------------------------------------------------------------------- REPEAL NOTE.--Subparagraphs 1, 2, 3, and 4 of paragraph a of subdivi- sion 1 of section 130 of the civil service law, repealed by section one of this act, provided salary schedules for state employees in the admin- istrative services unit, the operational services unit, the institu- tional services unit and the division of military and naval affairs and are replaced by revised salary schedules in new subparagraphs 1, 2, and 3. PART B SALARIES AND BENEFITS FOR CERTAIN STATE OFFICERS AND EMPLOYEES EXCLUDED FROM COLLECTIVE NEGOTIATING UNITS FOR 2011-2016 Section 1. Paragraph d of subdivision 1 of section 130 of the civil service law is REPEALED and a new paragraph d is added to read as follows: D. SALARY GRADES FOR POSITIONS IN THE COMPETITIVE, NON-COMPETITIVE AND LABOR CLASSES OF THE CLASSIFIED SERVICE OF THE STATE OF NEW YORK DESIG-
NATED MANAGERIAL OR CONFIDENTIAL PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER, CIVILIAN STATE EMPLOYEES OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS OF THE EXECUTIVE DEPARTMENT WHOSE POSITIONS ARE NOT IN, OR ARE EXCLUDED FROM REPRESENTATION RIGHTS IN, ANY RECOGNIZED OR CERTIFIED NEGOTIATING UNIT, AND THOSE EXCLUDED FROM REPRESENTATION RIGHTS UNDER ARTICLE FOURTEEN OF THIS CHAPTER PURSUANT TO RULES OR REGULATIONS OF THE PUBLIC EMPLOYMENT RELATIONS BOARD SHALL BE AS FOLLOWS ON THE EFFECTIVE DATES INDICATED: (1) EFFECTIVE APRIL FIRST, TWO THOUSAND ELEVEN: GRADE HIRING RATE JOB RATE M/C 3 $22,547 $28,824 M/C 4 $23,542 $30,132 M/C 5 $24,955 $31,594 M/C 6 $26,014 $33,215 M/C 7 $27,514 $35,013 M/C 8 $29,024 $36,818 M/C 9 $30,682 $38,776 M/C 10 $32,335 $40,927 M/C 11 $34,296 $43,200 M/C 12 $36,106 $45,466 M/C 13 $38,208 $47,991 M/C 14 $40,477 $50,631 M/C 15 $42,729 $53,366 M/C 16 $45,138 $56,212 M/C 17 $47,698 $59,312 M/C 18 $47,952 $59,504 M/C 19 $50,524 $62,597 M/C 20 $53,099 $65,737 M/C 21 $55,963 $69,132 M/C 22 $58,971 $72,765 M/C 23 $61,993 $77,454 M 1 $66,914 $84,581 M 2 $74,210 $93,803 M 3 $82,363 $104,080 M 4 $91,096 $114,961 M 5 $101,149 $127,794 M 6 $111,992 $140,864 M 7 $123,446 $152,886 M 8 $104,082+ (2) EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN: GRADE HIRING RATE JOB RATE M/C 3 $22,998 $29,400 M/C 4 $24,013 $30,735 M/C 5 $25,454 $32,226 M/C 6 $26,534 $33,879 M/C 7 $28,064 $35,713 M/C 8 $29,604 $37,554 M/C 9 $31,296 $39,552 M/C 10 $32,982 $41,746 M/C 11 $34,982 $44,064 M/C 12 $36,828 $46,375 M/C 13 $38,972 $48,951 M/C 14 $41,287 $51,644 M/C 15 $43,584 $54,433 M/C 16 $46,041 $57,336 M/C 17 $48,652 $60,498
M/C 18 $48,911 $60,694 M/C 19 $51,534 $63,849 M/C 20 $54,161 $67,052 M/C 21 $57,082 $70,515 M/C 22 $60,150 $74,220 M/C 23 $63,233 $79,003 M 1 $68,252 $86,273 M 2 $75,694 $95,679 M 3 $84,010 $106,162 M 4 $92,918 $117,260 M 5 $103,172 $130,350 M 6 $114,232 $143,681 M 7 $125,915 $155,944 M 8 $106,164+ (3) EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN: GRADE HIRING RATE JOB RATE M/C 3 $23,458 $29,988 M/C 4 $24,493 $31,350 M/C 5 $25,963 $32,871 M/C 6 $27,065 $34,557 M/C 7 $28,625 $36,427 M/C 8 $30,196 $38,305 M/C 9 $31,922 $40,343 M/C 10 $33,642 $42,581 M/C 11 $35,682 $44,945 M/C 12 $37,565 $47,303 M/C 13 $39,751 $49,930 M/C 14 $42,113 $52,677 M/C 15 $44,456 $55,522 M/C 16 $46,962 $58,483 M/C 17 $49,625 $61,708 M/C 18 $49,889 $61,908 M/C 19 $52,565 $65,126 M/C 20 $55,244 $68,393 M/C 21 $58,224 $71,925 M/C 22 $61,353 $75,704 M/C 23 $64,498 $80,583 M 1 $69,617 $87,998 M 2 $77,208 $97,593 M 3 $85,690 $108,285 M 4 $94,776 $119,605 M 5 $105,235 $132,957 M 6 $116,517 $146,555 M 7 $128,433 $159,063 M 8 $108,287+ S 2. Subdivision 1 of section 19 of the correction law is REPEALED and a new subdivision 1 is added to read as follows: 1. THIS SECTION SHALL APPLY TO EACH SUPERINTENDENT OF A CORRECTIONAL FACILITY APPOINTED ON OR AFTER AUGUST NINTH, NINETEEN HUNDRED SEVENTY-FIVE AND ANY SUPERINTENDENT HERETOFORE APPOINTED WHO ELECTS TO BE COVERED BY THE PROVISIONS THEREOF BY FILING SUCH ELECTION WITH THE COMMISSIONER. A. THE SALARY SCHEDULE FOR SUPERINTENDENTS OF A CORRECTIONAL FACILITY WITH AN INMATE POPULATION CAPACITY OF FOUR HUNDRED OR MORE INMATES SHALL BE AS FOLLOWS: EFFECTIVE APRIL FIRST, TWO THOUSAND ELEVEN:
HIRING RATE JOB RATE $105,913 $144,535 EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN: HIRING RATE JOB RATE $108,031 $147,426 EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN: HIRING RATE JOB RATE $110,192 $150,375 B. THE SALARY SCHEDULE FOR SUPERINTENDENTS OF CORRECTIONAL FACILITIES WITH AN INMATE POPULATION CAPACITY OF FEWER THAN FOUR HUNDRED INMATES SHALL BE AS FOLLOWS: EFFECTIVE APRIL FIRST, TWO THOUSAND ELEVEN: HIRING RATE JOB RATE $82,363 $104,081 EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN: HIRING RATE JOB RATE $84,010 $106,163 EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN: HIRING RATE JOB RATE $85,690 $108,286 S 3. Compensation for certain state officers and employees. 1. The provisions of this section shall apply to the following full-time state officers and employees: (a) officers and employees whose positions are designated managerial or confidential pursuant to article 14 of the civil service law; (b) civilian state employees of the division of military and naval affairs in the executive department whose positions are not in, or are excluded from representation rights in, any recognized or certified negotiating unit; (c) officers and employees excluded from representation rights under article 14 of the civil service law pursuant to rules or regulations of the public employment relations board; and (d) officers and employees whose salaries are prescribed by section 19 of the correction law. 2. For such officers and employees the following increases shall apply: (a) Effective April 1, 2014, the basic annual salary of officers and employees to whom the provisions of this subdivision apply shall be increased by two percent adjusted to the nearest whole dollar amount. (b) Effective April 1, 2015, the basic annual salary of officers and employees to whom the provisions of this subdivision apply shall be increased by two percent adjusted to the nearest whole dollar amount. 3. (a) Effective April 1, 2013, for officers and employees to whom the provisions of this subdivision apply, a lump sum payment of $775 shall be made to each employee in such units in full-time employment status who was (i) active on the effective date of this act and (ii) in contin- uous service, as defined by paragraph (c) of subdivision 3 of section 130 of the civil service law, from that date until April 1, 2013. Such lump sum shall be considered salary for final average salary retirement purposes but shall not become part of basic annual salary. Notwithstand- ing the foregoing provisions of this subdivision, officers and employees who would have otherwise been eligible to receive such lump sum payment, but who were not on the payroll on said April 1, 2013, shall be eligible for said payment if they return to full-time employment status during the fiscal year 2013-2014 without a break in continuous service.
(b) Effective April 1, 2014, for officers and employees to whom the provisions of this subdivision apply, a lump sum payment of $225 shall be made to each employee in such units in full-time employment status who was (i) active on the effective date of this act and (ii) in contin- uous service, as defined by paragraph (c) of subdivision 3 of section 130 of the civil service law, from that date until April 1, 2013. Such lump sum shall be considered salary for final average salary retirement purposes but shall not become part of basic annual salary. 4. If an unencumbered position is one that, if encumbered, would be subject to the provisions of this section, the salary of such position shall be increased by the salary increase amounts specified in this section. If a position is created and is filled by the appointment of an officer or employee who is subject to the provisions of this section, the salary otherwise provided for such position shall be increased in the same manner as though such position had been in existence but unen- cumbered. 5. The increases in salary and the lump sum payment payable pursuant to this section shall apply on a prorated basis in accordance with guidelines issued by the director of the budget to officers and employ- ees otherwise eligible to receive an increase in salary or the lump sum payment pursuant to this act who are paid on an hourly or per diem basis, employees serving on a part-time or seasonal basis, and employees paid on any basis other than at an annual salary rate. 6. Notwithstanding any of the foregoing provisions of this section, the provisions of this section shall not apply to the following except as otherwise provided by law: (a) officers or employees paid on a fee schedule basis; (b) officers or employees whose salaries are prescribed by section 40, 60, or 169 of the executive law; (c) officers or employees in collective negotiating units established pursuant to article 14 of the civil service law. 7. Officers and employees to whom the provisions of this section apply who are incumbents of positions that are not allocated to salary grades specified in paragraph d of subdivision 1 of section 130 of the civil service law and whose salary is not prescribed in any other statute shall receive the salary increases and the lump sum payment specified in subdivisions two and three of this section. 8. In order to provide for the officers and employees to whom this section applies who are not allocated to salary grades performance advancements, merit awards, longevity payments and in lieu payments, and special achievement awards in proportion to those provided to persons to whom this section applies who are allocated to salary grades, the direc- tor of the budget is authorized to add appropriate adjustments to the compensation that such officers and employees are otherwise entitled to receive. The director of the budget shall issue certificates that shall contain schedules of positions and the salaries or payments thereof for which adjustments or payments are made pursuant to the provisions of this subdivision, and a copy of each such certificate shall be filed with the state comptroller, the department of civil service, the chair- man of the senate finance committee and the chairman of the assembly ways and means committee. 9. Notwithstanding any of the foregoing provisions of this section, any increase in compensation for any officer or employee appointed to a lower graded position from a redeployment list pursuant to subdivision 1 of section 79 of the civil service law who continues to receive his or her former salary pursuant to such subdivision shall be determined on
the basis of such lower graded position provided, however, that the increases in salary provided in subdivision two of this section shall not cause such officer's or employee's salary to exceed the job rate of any such lower graded position at salary grade. 10. Notwithstanding any of the foregoing provisions of this section or of any law to the contrary, the director of the budget may reduce the salary of any position which is vacant or which becomes vacant, so long as the position, if encumbered, would be subject to the provisions of this section. The director of the budget does not need to provide a reason for such reduction. S 4. Compensation for certain state officers and employees in the division of state police. 1. The provisions of this section shall apply to officers and employees whose salaries are provided for by paragraph (a) of subdivision 1 of section 215 of the executive law. 2. (a) Effective April 1, 2014, the basic annual salary of officers and employees to whom the provisions of this subdivision apply shall be increased by two percent adjusted to the nearest whole dollar amount. (b) Effective April 1, 2015, the basic annual salary of officers and employees to whom the provisions of this subdivision apply shall be increased by two percent adjusted to the nearest whole dollar amount. 3. (a) Effective April 1, 2013, for officers and employees to whom the provisions of this subdivision apply, a lump sum payment of $775 shall be made to each employee in such units in full-time employment status who was (i) active on the effective date of this act and (ii) in contin- uous service, as defined by paragraph (c) of subdivision 3 of section 130 of the civil service law, from that date until April 1, 2013. Such lump sum shall be considered salary for final average salary retirement purposes. Notwithstanding the foregoing provisions of this subdivision, officers and employees who would have otherwise been eligible to receive such lump sum payment, but who were not on the payroll on said April 1, 2013, shall be eligible for said payment if they return to full-time employment status during the fiscal year 2013-2014 without a break in continuous service. (b) Effective April 1, 2014, for officers and employees to whom the provisions of this subdivision apply, a lump sum payment of $225 shall be made to each employee in such units in full-time employment status who was (i) active on the effective date of this act and (ii) in contin- uous service, as defined by paragraph (c) of subdivision 3 of section 130 of the civil service law, from that date until April 1, 2013. Such lump sum shall be considered salary for final average salary retirement purposes. 4. The increases in salary and the lump sum payments payable pursuant to this section shall apply on a prorated basis in accordance with guidelines issued by the director of the budget to officers and employ- ees otherwise eligible to receive an increase in salary or the lump sum payment pursuant to this act who are paid on an hourly or per diem basis, employees serving on a part-time or seasonal basis, and employees paid on any basis other than at an annual salary rate. 5. Notwithstanding any of the foregoing provisions of this section, any increase in compensation for any officer or employee appointed to a lower graded position from a redeployment list pursuant to subdivision 1 of section 79 of the civil service law who continues to receive his or her former salary pursuant to such subdivision shall be determined on the basis of such lower graded position provided, however, that the increases in salary provided in subdivision two of this section shall
not cause such officer's or employee's salary to exceed the job rate of any such lower graded position at salary grade. S 5. Compensation for certain state employees in the state university and certain employees of contract colleges at Cornell and Alfred univer- sities. 1. Effective April 1, 2014 and April 1, 2015, the basic annual salary of incumbents of positions in the professional service in the state university that are designated, stipulated, or excluded from negotiating units as managerial or confidential as defined pursuant to article 14 of the civil service law, may be increased pursuant to plans approved by the state university trustees. Such increases in basic annual salary rates shall not exceed in the aggregate two percent of the total basic annual salary rates in effect on March 31, 2014 and two percent of the total basic annual salary rates in effect on March 31, 2015. 2. Effective April 1, 2014 and April 1, 2015, the basic annual salary of incumbents of positions in the institutions under the management and control of Cornell and Alfred universities as representatives of the board of trustees of the state university that, in the opinion of the director of employee relations, would be designated managerial or confi- dential were they subject to article 14 of the civil service law may be increased pursuant to plans approved by the state university trustees. Such increases in basic annual salary rates shall not exceed in the aggregate two percent of the total basic annual salary rates in effect on March 31, 2014 and two percent of the total basic annual salary rates in effect on March 31, 2015. 3. (a) (i) Effective April 1, 2013, the state university trustees, at their discretion, may provide to incumbents of positions in the profes- sional service in the state university that are designated, stipulated, or excluded from negotiating units as managerial or confidential as defined pursuant to article 14 of the civil service law, who was (I) active on the effective date of this act and (II) in continuous service, as defined by paragraph (c) of subdivision 3 of section 130 of the civil service law, from that date until April 1, 2013, a non-recurring lump sum payment in an amount not to exceed $775. (ii) Effective April 1, 2014, the state university trustees, at their discretion, may provide to incumbents of positions in the professional service in the state university that are designated, stipulated, or excluded from negotiating units as managerial or confidential as defined pursuant to article 14 of the civil service law, who was (I) active on the effective date of this act and (II) in continuous service, as defined by paragraph (c) of subdivision 3 of section 130 of the civil service law, from that date until April 1, 2013, a non-recurring lump sum payment in an amount not to exceed $225. (iii) Payments provided in this subdivision shall be in addition to and shall not be a part of the employee's basic annual salary, provided, however, that any amounts payable pursuant to this subdivision shall be included as compensation for retirement purposes. (b) (i) Effective April 1, 2013, Cornell and Alfred universities may provide to incumbents of positions in the institutions under the manage- ment and control of Cornell and Alfred universities as representatives of the board of trustees of the state university that, in the opinion of the director of employee relations, would be designated managerial or confidential were they subject to article 14 of the civil service law, who are (I) active on the effective date of this act and (II) in contin- uous service, as defined by paragraph (c) of subdivision 3 of section 130 of the civil service law, from that date until April 1, 2013, a
non-recurring lump sum payment in an amount not to exceed $775, for distribution in whole or in part by Cornell and Alfred universities, in their discretion, with the approval of the state university trustees. (ii) Effective April 1, 2014, Cornell and Alfred universities may provide to incumbents of positions in the institutions under the manage- ment and control of Cornell and Alfred universities as representatives of the board of trustees of the state university that, in the opinion of the director of employee relations, would be designated managerial or confidential were they subject to article 14 of the civil service law, who are (I) active on the effective date of this act and (II) in contin- uous service, as defined by paragraph (c) of subdivision 3 of section 130 of the civil service law, from that date until April 1, 2013, a non-recurring lump sum payment in an amount not to exceed $225, for distribution in whole or in part by Cornell and Alfred universities, in their discretion, with the approval of the state university trustees. (iii) Payments provided in this subdivision shall be in addition to and shall not be a part of the employee's basic annual salary, provided, however, that any amounts payable pursuant to this subdivision shall be included as compensation for retirement purposes. 4. During the period April 1, 2014 through March 31, 2016, the basic annual salary of incumbents of positions in the non-professional service that, in the opinion of the director of employee relations, would be designated managerial or confidential were they subject to article 14 of the civil service law, except those positions in the Cornell service and maintenance unit that are subject to the terms of a collective bargain- ing agreement between Cornell university and the employee organization representing employees in such positions and except those positions in the Alfred service and maintenance unit that are subject to the terms of a collective bargaining agreement between Alfred university and the employee organization representing employees in such positions, in institutions under the management and control of Cornell and Alfred universities as representatives of the board of trustees of the state university may be increased pursuant to plans approved by the state university trustees. Such plans may include new salary schedules which shall supersede the salary schedules then in effect applicable to such employees. Such plans shall provide for increases in basic annual sala- ries, which, exclusive of performance advancement payments or merit recognition payments, shall not exceed in the aggregate two percent of the total basic annual salary rates in effect on March 31, 2014 and two percent of the total basic annual salary rates in effect on March 31, 2015. 5. For the purposes of this section, the basic annual salary of an employee is that salary that is obtained through direct appropriation of state moneys for the purpose of paying wages. Nothing in this part shall prevent increasing amounts paid to incumbents of such positions in the professional service in addition to the basic annual salary, provided, however, that the amounts required for such increase and the cost of fringe benefits attributable to such increase, as determined by the comptroller, are made available to the state in accordance with the procedures established by the state university, with the approval of the director of the budget, for such purposes. S 6. Location compensation for certain state officers and employees. 1. This section shall apply to all full-time annual salaried state officers and employees and non annual salaried seasonal state officers and employees except the following:
(a) officers and employees of the legislature and the judiciary, including officers and employees of boards, bodies and commissions that are deemed to be part of the legislature or judiciary for the purposes of section 49 of the state finance law; (b) officers and employees whose salaries are prescribed by or deter- mined in accordance with section 40, 60, 169, 215, or 216 of the execu- tive law; (c) incumbents of allocated or unallocated positions in the profes- sional service in the state university and in institutions under the management and control of Cornell and Alfred universities as represen- tatives of the board of trustees of the state university; (d) officers and employees who are in recognized or certified collec- tive negotiating units pursuant to article 14 of the civil service law. 2. Notwithstanding the provisions of section 15 of chapter 333 of the laws of 1969, as amended, officers and employees subject to this section whose principal place of employment or, in the case of field employees, whose official station as determined in accordance with the regulations of the comptroller is located: (a) in the county of Monroe and who were eligible to receive location pay on March 31, 1985, shall receive location pay at the rate of two hundred dollars per year provided they continue to be otherwise eligi- ble. (b) in the city of New York, or in the county of Rockland, Westches- ter, Nassau, or Suffolk shall continue to receive a downstate adjustment at the rate of three thousand twenty-six dollars effective October 1, 2008. (c) in the county of Dutchess, Orange, or Putnam shall continue to receive a mid-Hudson adjustment at the rate of one thousand five hundred thirteen dollars effective October 1, 2008. Such location payments shall be in addition to and shall not be a part of an employee's basic annual salary, and shall not affect or impair any advancements or other rights or benefits to which an employee may be entitled by law, provided, however, that location payments shall be included as compen- sation for purposes of computation of overtime pay and for retirement purposes. For the sole purpose of continuing eligibility for location pay in Monroe county, an employee previously eligible to receive location pay on March 31, 1985 who is on an approved leave of absence or participates in an employer program to reduce to part-time service during summer months shall continue to be eligible for said location pay upon return to full-time state service in Monroe county. S 7. Continuation of location compensation for certain officers and employees of the Hudson Valley developmental disabilities services office. 1. Notwithstanding any law, rule or regulation to the contrary, any officer or employee of the Hudson Valley developmental disabilities services office not represented in collective negotiating units estab- lished pursuant to article 14 of the civil service law who is receiving location pay pursuant to section 5 of chapter 174 of the laws of 1993 shall continue to receive such location pay under the conditions and at the rates specified by such section. 2. Notwithstanding section seven of this act or any other law, rule or regulation to the contrary, any officer or employee of the Hudson Valley developmental disabilities services office not represented in collective negotiating units established pursuant to article 14 of the civil service law who is receiving location pay pursuant to said section seven of this act shall continue to be eligible for such location pay if such officer's or employee's principal place of employment is changed to a
location outside of the county of Rockland as the result of a reduction or redeployment of staff, provided, however, that such officer or employee is reassigned to or otherwise appointed or promoted to a different position at another work location within such Hudson Valley developmental disabilities services office located outside of the county of Rockland. The rate of such continued location pay shall not exceed the rate such officer or employee is receiving on the date of such reas- signment, appointment, or promotion. S 8. Overtime meal allowance. Notwithstanding any other provision of law to the contrary, individuals in positions in the classified service of the state of New York designated managerial or confidential pursuant to article 14 of the civil service law, shall continue to receive, effective April 1, 2011, an overtime meal allowance in the amount of $5.50 pursuant to eligibility guidelines developed by the director of employee relations. 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 settlements and awards pursuant to executive order 42, dated October 14, 1970, and title 9, part 560, official compilation of codes, rules and regulations of the state of New York. S 10. Use of appropriations. The comptroller is authorized to pay any amounts required during the fiscal years commencing April 1, 2011 by the foregoing provisions of this act for any state department or agency from any appropriation or other funds available to such state department or agency for personal service or for other related employee benefits during such fiscal year. To the extent that such appropriations in any fund are insufficient to accomplish the purposes herein set forth, the director of the budget is authorized to allocate to the various depart- ments and agencies, from any appropriations available in any fund, the amounts necessary to pay such amounts. S 11. Effect of participation in special annuity program. No officer or employee participating in a special annuity program pursuant to the provision of article 8-C of the education law shall, by reason of an increase in compensation pursuant to this act, suffer any reduction of the salary adjustment to which that employee would otherwise be entitled by reason of participation in such program, and such salary adjustment shall be based upon the salary of such officer or employee without regard to the reduction authorized by such article. S 12. Date of entitlement to salary increase. Notwithstanding the provisions of this act or of any other law, the increase in salary or compensation of any officer or employee provided by this act shall be added to the salary or compensation of such officer or employee at the beginning of that 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 deter- mining the salary of such officer or employee upon reclassification, reallocation, appointment, promotion, transfer, demotion, reinstatement or other change of status, such salary increase shall be deemed to be effective on the date thereof as prescribed in 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 salary rights or benefits on such officer or employee. S 13. 1. Notwithstanding the provisions of any other section of this act or any other provision of law to the contrary, any increase in
compensation, including any lump sum payment, provided: (a) in this act, or (b) as a result of a promotion, appointment, or advancement to a position in a higher salary grade, or (c) pursuant to paragraph (c) of subdivision 6 of section 131 of the civil service law, or (d) pursuant to paragraph (b) of subdivision 8 of section 130 of the civil service law, or (e) pursuant to paragraph (a) of subdivision 3 of section 13 of chapter 732 of the laws of 1988, as amended, may be withheld in whole or in part from any officer or employee when, in the opinion of the direc- tor of the budget, such withholding is necessary to reflect the job performance of such officer or employee, or to maintain appropriate salary relationships among officers or employees of the state, or to reduce state expenditures to acceptable levels or when, in the opinion of the director of the budget, such increase is not warranted or is not appropriate. 2. Notwithstanding the provisions of any other section of this act, the salary increases and lump sum payments provided for in this act shall not be implemented until the director of the budget delivers notice to the comptroller that such amounts may be paid. 3. Notwithstanding the provisions of any other section of this act or any other provisions of law, for state officers and employees in the executive branch who are in positions which are not in collective nego- tiating units, the director of the budget shall have the authority to devise and implement a plan to reduce the basic annual salary, hourly rate or per diem of any such employee for the time and by the rate established by such plan for the time period specified in such plan. Such plan shall contain salary schedules appropriate for the plan and such other provisions necessary for the implementation and continued execution of the plan for the period established by the plan. After the cessation of such plan, the salary, rate or per diem shall be restored to the amount in effect immediately before the commencement of such plan. S 14. The several amounts as hereinafter set forth, or so much thereof as may be necessary, are hereby appropriated from the fund 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. No money shall be available for expenditure from this appropriation until a certificate of approval has been issued by the director of the budget and a copy of such certificate or any amendment thereto has been filed with the state comptroller, the chairman of the senate finance committee and the chair- man of the assembly ways and means committee. ALL STATE DEPARTMENTS AND AGENCIES SPECIAL PAY BILLS General Fund / State Operations State Purposes Account - 003
Nonpersonal Service Family benefits ................................ 310,000 Medical flexible spending account ............... 500,000 Pre-tax transportation benefit ................... 550,000 Management training ............................ 1,018,000 Uniform allowance ................................ 245,000 Tuition reimbursement ............................ 250,000 M/C share of negotiated programs ................. 570,000 S 15. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011. Appropri- ations made by this act shall remain in full force and effect for liabilities incurred through March 31, 2012. REPEAL NOTE.--Paragraph d of subdivision 1 of section 130 of the civil service law, repealed by section one of this act, provided salary sched- ules for state employees designated managerial and confidential pursuant to article 14 of the civil service law and is replaced by revised salary schedules in a new paragraph d. Subdivision 1 of section 19 of the correction law, repealed by section two of this act, provided salary schedules for superintendents of correctional facilities and is replaced by revised salary schedules in a new subdivision 1. S 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, para- graph, subdivision, section or part contained in any part thereof directly involved in the controversy which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. S 3. This act shall take effect immediately provided, however, that the applicable effective date for Parts A through B of this act shall be as specifically set forth in the last section of such Part.

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