Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 14, 2015 |
signed chap.235 |
Aug 03, 2015 |
delivered to governor |
Jun 18, 2015 |
returned to senate passed assembly ordered to third reading rules cal.605 substituted for a8246 |
Jun 17, 2015 |
referred to ways and means delivered to assembly passed senate ordered to third reading cal.1798 |
Jun 14, 2015 |
referred to rules |
Senate Bill S5970
Signed By Governor2015-2016 Legislative Session
Relates to terms and conditions of employment for members of the collective bargaining unit consisting of commissioned and non-commissioned state police officers; appropriation; repealer
download bill text pdfSponsored By
(R, C) 60th Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
-
-
-
-
Floor Vote: Jun 17, 2015
aye (63)- Addabbo Jr.
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Libous
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Skelos
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
-
Jun 17, 2015 - Rules Committee Vote
S597025Aye0Nay0Aye with Reservations0Absent0Excused0Abstained -
-
2015-S5970 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8246
- Law Section:
- Executive Law
- Laws Affected:
- Rpld §215 sub 2 ¶¶ 5-8, amd §215, Exec L; rpld §207-b sub 2 ¶a, amd §207-b, St Fin L
2015-S5970 (ACTIVE) - Summary
Relates to terms and conditions of employment for members of the collective bargaining unit consisting of commissioned and non-commissioned state police officers; relates to salary schedules for members of such unit; establishes an employee benefit fund for members of such unit and makes an appropriation therefor.
2015-S5970 (ACTIVE) - Sponsor Memo
BILL NUMBER:S5970 TITLE OF BILL: An act to amend the executive law, in relation to the terms and conditions of employment for members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police and salary schedules for members of such unit; to amend the state finance law, in relation to the employee benefit fund for members of such unit; and making an appropriation therefor; and repealing certain provisions of such laws relating thereto Purpose of Bill: This bill would implement the provisions of a collective bargaining agreement between the State of New York and the employee organization representing members of the collective negotiating unit consisting of Commissioned and Non-Commissioned Officers in the Division of State Police (hereafter "Commissioned and Non-Commissioned Officers") for the period April 1, 2011 to March 31, 2018. Summary of Provisions: Section 1 of the bill would repeal subparagraphs 5, 6, 7 and 8 of paragraph a of subdivision 2 of section 215 of the Executive Law and replace them with new salary schedules reflecting the collective bargaining agreement for Commissioned and Non-Commissioned Officers.
The new salary schedules include a 2 percent increase, effective April 1, 2014; a 2 percent increase, effective April 1, 2015; a 1.5 percent increase, effective April 1, 2016; and a 1.5 percent increase effective April 1, 2017. Section 2 of the bill would repeal paragraph a of subdivision 2 of section 207-b of the State Finance Law and replace it with a new paragraph a providing for continued annual State payments to the Employee Benefit Fund. The payment is based on the number of full-time annual-salaried Commissioned and Non-Commissioned Officers on the payroll on March 1 of each year. Section 3 of the bill would continue location compensation at a rate of $200 per year for eligible Commissioned and Non-Commissioned Officers working in Monroe County. The member must have been on the payroll on March 31, 1985, and received this compensation continually since then. Additionally, location compensation is also continued at a rate of $1,536 per year for eligible Commissioned and Non-Commissioned Officers working in New York City, or in the counties of Rockland, Westchester, Nassau or Suffolk. Section 4 of the bill would continue supplemental location compensation for eligible Commissioned and Non-Commissioned Officers, as follows: i) $1,280 for eligible Commissioned and Non-Commissioned Officers working in Orange, Putnam or Dutchess counties; ii) $1,918 for eligible Commissioned and Non-Commissioned Officers working in Rockland or Westchester counties or New York City; and iii) $2,239 for eligible Commissioned and Non-Commissioned Officers working in Nassau or Suffolk counties. Section 5 of the bill would continue the payment of expanded duty pay in the amount of $7,452 during the period covering April 1, 2010 through March 31, 2014. Effective April 1, 2014, the annual payment shall increase to $8,702. There shall be no retroactive payment of the increases to this payment for the period covering April 1, 2011 to March 31, 2014 under any circumstances. Pursuant to the collective bargaining agreement, the entire increase of $1,250 covering April 1, 2011 to March 31, 2014 is only payable on a prospective basis commencing April 1, 2014. Section 6 of the bill would continue the payment of hazardous duty pay in the amount of $1,200 during the period covering April 1, 2010 through March 31, 2014. Effective April 1, 2014, the annual payment shall increase to $2,450. There shall be no retroactive payment of the increases to this payment for the period covering April 1, 2011 to March 31, 2014 under any circumstances. Pursuant to the collective bargaining agreement, the entire increase of $1,250 covering April 1, 2011 to March 31, 2014 is only payable on a prospective basis commencing with the scheduled December 2014 payment. Section 7 of the bill would continue to fund command pay for Commissioned and Non-Commissioned Officers in the amount of $319 annually. Section 8 of the bill would continue the committee on health benefits for Commissioned and Non-Commissioned Officers. Pursuant to the collective bargaining agreement, this amount is increased by 2 percent in fiscal year 2015 ($5,100); 2 percent in fiscal year 2016 ($5,202); 1.5 percent in FY 2017 ($5,280); and 1.5 percent in FY 2018 ($5,359). Section 9 of the bill would continue professional development and training funds for Commissioned and Non-Commissioned Officers. These funds provide for the tuition reimbursement program, the master's program, and the employee assistance program. Pursuant to the collective bargaining agreement, this amount is increased by 2 percent in fiscal year 2015 ($94,248); 2 percent in fiscal year 2016 ($96,133); 1.5 percent in FY 2017 ($97,575); and 1.5 percent in FY 2018 ($99,039). Section 10 of the bill would continue annual lump sum payments to Commissioned and Non-Commissioned Officers who possess or obtain a recognized degree. Section 11 of the bill would continue to provide Commissioned and Non-Commissioned Officers the payment of $30 for each short swing they are required to work and actually work. Section 12 of the bill would continue to provide the lump sum payment for unused sick leave at retirement for Commissioned and Non-Commissioned officers. Section 13 of the bill would continue to provide the overtime meal allowance benefit for Commissioned and Non-Commissioned Officers. Section 14 would prevent implementation of this bill until the Director of Employee Relations informs the Director of the Budget and the State Comptroller that the collective bargaining agreement for Commissioned and Non-Commissioned Officers has been ratified. Sections 15 through 20 of this bill would provide for: payment and publication of grievance arbitration settlements and awards; payment of the collectively negotiated salary increases; the use of appropriations; the appropriation amounts; and the bill's effective date. Existing Law: The last pay bill for Commissioned and Non-Commissioned Officers, covering the period April 1, 2007 to March 31, 2011, was enacted by Chapter 69 of the Laws of 2009. Section 215 of the Executive Law contains the current salary schedules for Commissioned and Non-Commissioned Officers. Section 207-b of the State Finance Law authorizes payments to an employee benefit fund on behalf of Commissioned and Non-Commissioned Officers. Statement in Support: This bill is necessary to implement the ratified collectively negotiated agreement between the State of New York and the employee organization representing Commissioned and Non-Commissioned Officers in the Division of State Police. Such agreement is for the period April 1, 2011 to March 31, 2018. Budget Implications: This bill includes General Fund appropriations totaling $10.231 million, which covers the cost of the agreement through March 31, 2016. Effective Date: This bill would take effect immediately and would be deemed to have been in full force and effect on and after April 1, 2011.
2015-S5970 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5970 2015-2016 Regular Sessions I N S E N A T E June 14, 2015 ___________ Introduced by Sen. GALLIVAN -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the executive law, in relation to the terms and condi- tions of employment for members of the collective negotiating unit consisting of commissioned and non-commissioned officers in the divi- sion of state police and salary schedules for members of such unit; to amend the state finance law, in relation to the employee benefit fund for members of such unit; and making an appropriation therefor; and repealing certain provisions of such laws relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraphs 5, 6, 7 and 8 of paragraph a of subdivision 2 of section 215 of the executive law are REPEALED and four new subpara- graphs 5, 6, 7 and 8 are added to read as follows: (5) EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN, MEMBERS OF THE COLLECTIVE NEGOTIATING UNIT CONSISTING OF COMMISSIONED AND NON-COMMIS- SIONED OFFICERS IN THE DIVISION OF STATE POLICE SHALL RECEIVE A BASIC ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE: ORANGE, CITY OF NEW NASSAU AND ALL OTHER PUTNAM AND YORK, ROCKLAND SUFFOLK LOCATIONS DUTCHESS AND WESTCHESTER COUNTIES COUNTIES COUNTIES SERGEANT AND TECHNICAL SERGEANT $102,048 $103,135 $103,421 $101,846 STATION COMMANDER $105,345 $106,433 $106,718 $105,145 ZONE SERGEANT $107,027 $108,111 $108,396 $106,825 FIRST, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12020-04-5
S. 5970 2 STAFF AND CHIEF T/ SGT $112,533 $113,619 $113,903 $112,330 LIEUTENANT AND TECHNICAL LIEUTENANT $121,953 $123,038 $123,323 $121,752 LIEUTENANT BCI $124,342 $125,427 $125,713 $124,138 CAPTAIN $130,059 $131,144 $131,432 $129,857 CAPTAIN BCI $132,484 $133,567 $133,853 $132,279 MAJOR $138,583 $139,669 $139,954 $138,379 (6) EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN, MEMBERS OF THE COLLECTIVE NEGOTIATING UNIT CONSISTING OF COMMISSIONED AND NON-COMMIS- SIONED OFFICERS IN THE DIVISION OF STATE POLICE SHALL RECEIVE A BASIC ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE: ORANGE, CITY OF NEW NASSAU AND ALL OTHER PUTNAM AND YORK, ROCKLAND SUFFOLK LOCATIONS DUTCHESS AND WESTCHESTER COUNTIES COUNTIES COUNTIES SERGEANT AND TECHNICAL SERGEANT $104,089 $105,198 $105,489 $103,883 STATION COMMANDER $107,452 $108,562 $108,852 $107,248 ZONE SERGEANT $109,168 $110,273 $110,564 $108,962 FIRST, STAFF AND CHIEF T/ SGT $114,784 $115,891 $116,181 $114,577 LIEUTENANT AND TECHNICAL LIEUTENANT $124,392 $125,499 $125,789 $124,187 LIEUTENANT BCI $126,829 $127,936 $128,227 $126,621 CAPTAIN $132,660 $133,767 $134,061 $132,454 CAPTAIN BCI $135,134 $136,238 $136,530 $134,925 MAJOR $141,355 $142,462 $142,753 $141,147 (7) EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN, MEMBERS OF THE COLLECTIVE NEGOTIATING UNIT CONSISTING OF COMMISSIONED AND NON-COMMIS- SIONED OFFICERS IN THE DIVISION OF STATE POLICE SHALL RECEIVE A BASIC ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE: ORANGE, CITY OF NEW NASSAU AND ALL OTHER PUTNAM AND YORK, ROCKLAND SUFFOLK LOCATIONS DUTCHESS AND WESTCHESTER COUNTIES COUNTIES COUNTIES SERGEANT AND TECHNICAL SERGEANT $105,650 $106,776 $107,071 $105,441 STATION COMMANDER $109,064 $110,190 $110,485 $108,857 ZONE S. 5970 3 SERGEANT $110,806 $111,927 $112,222 $110,596 FIRST, STAFF AND CHIEF T/ SGT $116,506 $117,629 $117,924 $116,296 LIEUTENANT AND TECHNICAL LIEUTENANT $126,258 $127,381 $127,676 $126,050 LIEUTENANT BCI $128,731 $129,855 $130,150 $128,520 CAPTAIN $134,650 $135,774 $136,072 $134,441 CAPTAIN BCI $137,161 $138,282 $138,578 $136,949 MAJOR $143,475 $144,599 $144,894 $143,264 (8) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN, MEMBERS OF THE COLLECTIVE NEGOTIATING UNIT CONSISTING OF COMMISSIONED AND NON-COMMIS- SIONED OFFICERS IN THE DIVISION OF STATE POLICE SHALL RECEIVE A BASIC ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE: ORANGE, CITY OF NEW NASSAU AND ALL OTHER PUTNAM AND YORK, ROCKLAND SUFFOLK LOCATIONS DUTCHESS AND WESTCHESTER COUNTIES COUNTIES COUNTIES SERGEANT AND TECHNICAL SERGEANT $107,235 $108,378 $108,677 $107,023 STATION COMMANDER $110,700 $111,843 $112,142 $110,490 ZONE SERGEANT $112,468 $113,606 $113,905 $112,255 FIRST, STAFF AND CHIEF T/ SGT $118,254 $119,393 $119,693 $118,040 LIEUTENANT AND TECHNICAL LIEUTENANT $128,152 $129,292 $129,591 $127,941 LIEUTENANT BCI $130,662 $131,803 $132,102 $130,448 CAPTAIN $136,670 $137,811 $138,113 $136,458 CAPTAIN BCI $139,218 $140,356 $140,657 $139,003 MAJOR $145,627 $146,768 $147,067 $145,413 S 2. Paragraph a of subdivision 2 of section 207-b of the state finance law is REPEALED and a new paragraph a is added to read as follows: A. WHERE, AND TO THE EXTENT THAT, THE AGREEMENT BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW SO PROVIDES ON BEHALF OF THE EMPLOYEES IN THE COLLECTIVE NEGOTIATING UNIT CONSISTING OF COMMISSIONED AND NON-COMMIS- SIONED OFFICERS IN THE DIVISION OF STATE POLICE, ESTABLISHED PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, AND UPON AUDIT AND WARRANT OF THE STATE COMPTROLLER, THE DIRECTOR SHALL PROVIDE FOR THE PAYMENT OF MONIES TO SUCH EMPLOYEE ORGANIZATION FOR THE ESTABLISHMENT AND MAINTE- NANCE OF AN EMPLOYEE BENEFIT FUND ESTABLISHED BY THE EMPLOYEE ORGANIZA- S. 5970 4 TION FOR THE EMPLOYEES IN THE NEGOTIATING UNIT COVERED BY THE CONTROL- LING PROVISIONS OF SUCH AGREEMENT PROVIDING FOR SUCH EMPLOYEE BENEFIT FUND. SUCH AMOUNTS ARE TO BE DETERMINED CONSISTENT WITH SAID AGREEMENT, INCLUDING ANY AND ALL MONIES AGREED TO BE TRANSFERRED IN SAID AGREEMENT, AND ON THE BASIS OF THE NUMBER OF FULL-TIME ANNUAL SALARIED EMPLOYEES, OTHER THAN FULL-TIME SEASONAL EMPLOYEES, ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND ELEVEN FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND ELEVEN, THE NUMBER OF FULL-TIME ANNUAL SALARIED EMPLOYEES, OTHER THAN FULL-TIME SEASONAL EMPLOYEES, ON THE PAYROLL ON MARCH FIRST, TWO THOU- SAND TWELVE FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND TWELVE, THE NUMBER OF FULL-TIME ANNUAL SALARIED EMPLOYEES, OTHER THAN FULL-TIME SEASONAL EMPLOYES, ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND THIRTEEN FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND THIRTEEN, THE NUMBER OF FULL-TIME ANNUAL SALARIED EMPLOYEES, OTHER THAN FULL-TIME SEASONAL EMPLOYEES, ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND FOURTEEN FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND FOURTEEN, THE NUMBER OF FULL-TIME ANNUAL SALARIED EMPLOYEES, OTHER THAN FULL-TIME SEASONAL EMPLOYEES, ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND FIFTEEN FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND FIFTEEN, THE NUMBER OF FULL-TIME ANNUAL SALARIED EMPLOYEES, OTHER THAN FULL-TIME SEASONAL EMPLOYEES, ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND SIXTEEN FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND SIXTEEN AND THE NUMBER OF FULL-TIME ANNUAL SALARIED EMPLOYEES, OTHER THAN FULL-TIME SEASONAL EMPLOYEES, ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND SEVENTEEN FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND SEVENTEEN. THE AMOUNTS, WHICH WILL BE DETERMINED PURSUANT TO THIS SECTION, FOR EMPLOYEES WHO ARE PAID FROM SPECIAL OR ADMINISTRATIVE FUNDS, OTHER THAN THE GENERAL FUND OR THE CAPITAL PROJECTS FUND OF THE STATE, WILL BE PAID FROM THE APPRO- PRIATIONS AS PROVIDED BY LAW, IN WHICH CASE THE STATE COMPTROLLER WILL ESTABLISH PROCEDURES TO ENSURE REPAYMENT FROM SAID SPECIAL OR ADMINIS- TRATIVE FUNDS. THE DIRECTOR SHALL ENTER INTO AN AGREEMENT WITH THE EMPLOYEE ORGANIZATION THAT SETS FORTH THE SPECIFIC TERMS AND CONDITIONS FOR THE TRANSMITTAL OF MONIES PURSUANT TO THIS SECTION. S 3. Location compensation. (a) Notwithstanding any other provision of law to the contrary, pursuant to the terms of the agreement negotiated between the state and the employee organization representing the collec- tive negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, members in this collective negotiating unit whose principal place of employment, or, in the case of a field employee, whose official station as determined in accordance with the regulations of the state comptroller, is located in the county of Monroe and who were on the payroll on March 31, 1985, and who have received this location compensation continually since then, shall continue to receive location pay at the rate of two hundred dollars ($200) per year, provided the member continues to be otherwise eligible. Such location pay shall continue to be annualized and paid during the regular bi-weekly periods. Such location pay shall be in addition to, and shall not be a part of, a member's annual basic salary, and shall not affect or impair any increments or other rights or benefits to which the member may be entitled; provided, however, that location pay shall be included as compensation for purposes of computation of overtime pay and for retirement purposes. (b) Notwithstanding any other provision of law to the contrary, pursu- ant to the terms of the agreement negotiated between the state and the employee organization representing the collective negotiating unit consisting of commissioned and non-commissioned officers in the division S. 5970 5 of state police, members in this collective negotiating unit 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 state comptroller, is located in the city of New York, or in the county of Rockland, Westchester, Nassau or Suffolk shall continue to receive location pay at the rate of one thousand five hundred thirty-six dollars ($1,536) per year effective April 1, 2010. (c) Such location pay shall continue to be annualized and paid during regular bi-weekly periods. Such location pay shall be in addition to, and shall not be a part of, a member's annual basic salary, and shall not affect or impair any increments or other rights or benefits to which the member may be entitled; provided, however, that the location pay shall be included as compensation for purposes of computation of over- time pay and for retirement purposes. S 4. Supplemental location compensation. (a) Notwithstanding any other provision of law to the contrary, pursuant to the terms of the agreement negotiated between the state and the employee organization representing the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, members in this collective negotiating unit whose principal place of employment, or, in the case of a field employee, whose official station as deter- mined in accordance with the regulations of the state comptroller, is located in the city of New York, or in the county of Putnam, Orange, Dutchess, Rockland, Westchester, Nassau or Suffolk shall continue to receive supplemental location pay as follows effective April 1, 2010: Orange, Putnam or Dutchess County $1,280 Rockland or Westchester County $1,918 or city of New York Nassau or Suffolk County $2,239 (b) Such supplemental location pay shall continue to be annualized and paid during regular bi-weekly periods. Such supplemental location compensation shall be in addition to, and shall not be a part of, a member's annual basic salary, and shall not affect or impair any incre- ments or other rights or benefits to which the member may be entitled; provided, however, that such compensation shall be included as compen- sation for purposes of computation of overtime pay and for retirement purposes. S 5. Expanded duty pay. (a) Notwithstanding any other provision of law to the contrary, pursuant to the terms of the agreement negotiated between the state and the employee organization representing the collec- tive negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, during the period April 1, 2010 through March 31, 2014, the annual payment for expanded duty pay for members of this unit shall continue in the amount of seven thousand four hundred fifty-two dollars ($7,452). Effective April 1, 2014, the annual payment for expanded duty pay shall be eight thousand seven hundred two dollars ($8,702). There shall be no retroactive payment of the increases to expanded duty pay for the period April 1, 2011 to March 31, 2014 under any circumstances. Pursuant to the agreement, the entire increase of one thousand two hundred fifty dollars ($1,250) covering the period April 1, 2011 to March 31, 2014 is only payable on a prospective basis commencing April 1, 2014. (b) Pursuant to the terms of the agreement negotiated between the state and the employee organization representing the collective negoti- S. 5970 6 ating unit consisting of commissioned and non-commissioned officers in the division of state police, expanded duty pay shall continue to be annualized and paid during regular bi-weekly periods. Such additional compensation shall be in addition to, and shall not be part of, the member's annual basic salary, and shall not affect or impair any rights or benefits to which the member may be entitled; provided, however, that such additional compensation shall be included as compensation for purposes of computation of overtime pay and as compensation for retire- ment. S 6. Hazardous duty pay. (a) Notwithstanding any other provision of law to the contrary, pursuant to the terms of the agreement negotiated between the state and employee organization representing the collective negotiating unit consisting of commissioned and non-commissioned offi- cers in the division of state police, during the period April 1, 2010 through March 31, 2014, the annual payment for hazardous duty pay for members of this unit shall continue in the amount of one thousand two hundred dollars ($1,200). Effective April 1, 2014, the annual payment for hazardous duty pay shall be two thousand four hundred fifty dollars ($2,450). There shall be no retroactive payment of the increases to hazardous duty pay for the period April 1, 2011 to March 31, 2014 under any circumstances. Pursuant to the agreement, the entire increase of one thousand two hundred fifty dollars ($1,250) covering the period April 1, 2011 to March 31, 2014 is only payable on a prospective basis commencing with the scheduled December 2014 payment. (b) Notwithstanding any other provision of law to the contrary, pursu- ant to the terms of the agreement negotiated between the state and the employee organization representing the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, hazardous duty pay shall be payable to members of this unit in December of each respective state fiscal year to which the payment is attributed, or as soon as practicable thereafter. Such payment shall continue to be made as a lump sum payment to members of this unit on the payroll on the first of November each year during the pay period that includes the first of December each year. Such payment shall be in addition to, and shall not be part of, the member's annual basic salary, and shall not affect or impair any rights or benefits to which the member may be entitled; provided, however, that such payment shall be included as compensation for purposes of computation of over- time pay and as compensation for retirement. S 7. Command pay. (a) Notwithstanding any provision of law to the contrary, pursuant to the terms of an agreement negotiated between the state and the employee organization representing the collective negoti- ating unit consisting of commissioned and non-commissioned officers in the division of state police, in recognition that commissioned and non- commissioned officers in the division of state police assume higher level responsibilities, such commissioned and non-commissioned officers shall continue to receive command pay in the amount of three hundred nineteen dollars ($319) effective April 1, 2010. (b) Such payment shall be annualized and paid during the regular bi-weekly periods and shall be in addition to, and not part of, the member's annual basic salary, and shall not affect or impair any rights or benefits to which the member may be entitled; provided, however, such payments shall be included as compensation for retirement purposes. Command pay shall be included for overtime calculations for non-commis- sioned officers. S. 5970 7 S 8. Health benefits committees. Pursuant to the terms of an agreement negotiated between the state and the employee organization representing the collective negotiating unit consisting of commissioned and non-com- missioned officers in the division of state police, during the period April 1, 2011 through March 31, 2018, there shall continue to be a committee on health benefits funded in the following amounts: $5,100 for the period April 1, 2014 through March 31, 2015; $5,202 for the period April 1, 2015 through March 31, 2016; $5,280 for the period April 1, 2016 through March 31, 2017; and $5,359 for the period April 1, 2017 through March 31, 2018. One-half of this amount in each year shall be made available to the state and one-half of this amount shall be made available to the employee organization representing such unit. S 9. Professional development and training funds. Pursuant to the terms of an agreement negotiated between the state and the employee organization representing the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, during the period April 1, 2011 through March 31, 2018, there shall continue to be a professional development and quality of working life committee from which the tuition reimbursement program, the master's program and the employee assistance program shall be supported. Such committee shall be funded in the following amounts: $94,248 for the period April 1, 2014 through March 31, 2015; $96,133 for the period April 1, 2015 through March 31, 2016; $97,575 for the period April 1, 2016 through March 31, 2017; and $99,039 for the period April 1, 2017 through March 31, 2018. S 10. Recognized degree pay. Notwithstanding any provision of law to the contrary, pursuant to the terms of the agreement negotiated between the state and the employee organization representing the collective negotiating unit consisting of commissioned and non-commissioned offi- cers in the division of state police, or the terms of the interest arbi- tration award made pursuant to subdivision 4 of section 209 of the civil service law binding the executive branch of the state of New York and the employee organization representing such unit, effective March 31, 2003, the lump sum payments for degrees, as contained in section 5 of chapter 244 of the laws of 2002, shall continue. S 11. Short swings. (a) Notwithstanding any provision of law to the contrary, pursuant to the terms of the agreement negotiated between the state and the employee organization representing the collective negoti- ating unit consisting of commissioned and non-commissioned officers in the division of state police, or the terms of the interest arbitration award made pursuant to subdivision 4 of section 209 of the civil service law binding the executive branch of the state of New York and the employee organization representing such unit, effective March 31, 2003, members of this unit who are required to work short swings shall contin- ue to receive compensation of thirty dollars ($30) for each short swing they are required to work and actually work. There shall be no short swing compensation where the short swing is worked at the request of, or for the convenience of the member, as determined by the division of state police. The definition of short swing shall be a tour of duty commencing between the hours of five a.m. and nine a.m. (B line) followed by a tour of duty commencing between nine p.m. and one a.m. (A line) on consecutive days, or, a tour of duty commencing between the hours of one p.m. and five p.m. (C line) followed by a tour of duty commencing between the hours of five a.m. and nine a.m. (B line) on consecutive days. Such additional compensation shall not be payable if S. 5970 8 such member's hours of work continue from the conclusion of the former shift to the commencement of the latter shift without interruption. (b) The additional compensation payable pursuant to this section shall be in addition to, and shall not be a part of, the member's annual basic salary, and shall not affect or impair any rights or benefits to which the member may be entitled; provided, however, that any compensation payable pursuant to this section shall be included as compensation for the purposes of computation of overtime pay and for retirement purposes. The director of the budget may adopt such regulations as may be deemed necessary to carry out the provisions of this section. S 12. Unused sick leave at retirement. Effective March 31, 2003, the lump sum payment for unused sick leave at retirement as provided in section 9 of chapter 10 of the laws of 2001 shall continue. S 13. Overtime meal allowance. Notwithstanding any other provision of law to the contrary, pursuant to the terms of the agreement negotiated between the state and the employee organization representing the collec- tive negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, or the terms of the interest arbitration award made pursuant to subdivision 4 of section 209 of the civil service law binding the executive branch of the state of New York and the employee organization representing such unit, the overtime meal allowance for unit members shall continue at the rates in effect as of March 31, 2007. S 14. The salary increases and benefit modifications provided for by this act for state employees in the collective negotiating unit consist- ing of commissioned and non-commissioned officers in the division of state police 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 negotiat- ing unit a collective negotiating agreement which provides for such increases and modifications and which is fully executed in writing with the state pursuant to article 14 of the civil service law, and ratified pursuant to the ratification procedure of the employee organization certified pursuant to article 14 of the civil service law to represent each such collective negotiating unit. S 15. Payment and publication of grievance arbitration settlements and awards. 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 arbitration settlements and awards pursuant to article 15 of the collective negotiating agreement between the state and the employee organization representing the collective negotiating unit consisting of commissioned and non-commissioned offi- cers in the division of state police. S 16. Date of entitlement to salary increase. Notwithstanding the provisions of this act or of any other provision of law to the contrary, the increase of salary or compensation of any member of the collective negotiating unit consisting of commissioned and non-commissioned offi- cers in the division of state police provided by this act shall be added to the salary of such member 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 determining the salary of such offi- cer or employee upon reclassification, reallocation, appointment, S. 5970 9 promotion, transfer, demotion, reinstatement, or other change of status, such salary increase shall be deemed to be effective on the date thereof as prescribed by this act, with payment thereof pursuant to this section on a date prior thereto, instead of on such effective date, and shall not operate to confer any additional salary rights or benefits on such officer or employee. Payment of such salary increase may be deferred pursuant to section seventeen of this act. S 17. Deferred payment of salary increase. Notwithstanding the provisions of any other section of this act or of any other provision of law to the contrary, pending payment pursuant to this act of the basic annual salaries of incumbents of positions subject to this act, such incumbents shall receive, as partial compensation for services rendered, the rate of compensation otherwise payable in their respective posi- tions. An incumbent holding a position subject to this act at any time during the period from April 1, 2011 until the time when basic annual salaries are first paid pursuant to this act for such services in excess of the compensation actually received therefor, shall be entitled to a lump sum payment for the difference between the salary to which such incumbent is entitled for such service and the compensation actually received therefor. Such lump sum payment shall be made as soon as prac- ticable. Any amount payable in such lump sum paid represents compen- sation earned in each of the year or years for which it is calculated pursuant to this act and not as compensation earned wholly in the year during which the lump sum is paid. Pursuant to the terms of the agree- ment negotiated between the state and the employee organization repres- enting the collective negotiating unit consisting of commissioned and non-commissioned officers in the division of state police, there shall be no retroactive payment of the increases to the compensation provided in section five or six of this act for the period April 1, 2011 to March 31, 2014 under any circumstances. S 18. Use of appropriations. Notwithstanding any provision of the state finance law or any other provision of law to the contrary, the state comptroller is authorized to pay any amounts required by the fore- going provisions of this act. To the extent that existing appropriations available to any state department or agency in any fund are insufficient to accomplish the purposes set forth in this section, the director of the budget is authorized to allocate to the various departments and agencies, from any appropriations available in any fund, the amounts necessary to make such payments. Any appropriations or other funds available to any state department or agency for personal service or for other related employee benefits during the fiscal year commencing April 1, 2014 or April 1, 2015 shall be available for the payment of any liabilities or obligations incurred pursuant to the foregoing provisions of this act, whether occurring prior to or during the state fiscal year commencing April 1, 2014 or April 1, 2015. S 19. Appropriations. Notwithstanding any provision of the state finance law or any other provision of law to the contrary, the several amounts as hereinafter set forth in this section are hereby appropriated from the funds so designated for use by any state department or agency for the fiscal year beginning April 1, 2014 or April 1, 2015 to supple- ment 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. The monies hereby appropriated are available for payment of any liabilities or obligations incurred prior to or during the state fiscal year commencing April 1, 2014 or April 1, 2015. For this purpose, these appropriations shall remain in full force S. 5970 10 and effect for the payment of liabilities incurred on or before April 1, 2015 or April 1, 2016. No money shall be available for expenditure from this appropriation until a certification of approval has been issued by the director of the budget and a copy of such certificate or any amend- ment thereto has been filed with the state comptroller, the chairperson of the senate finance committee, and the chairperson of the assembly ways and means committee. ALL STATE DEPARTMENTS AND AGENCIES Special Pay Bills General Fund - State Purposes Account PERSONAL SERVICE Personal Service - Regular ...... $8,801,000 NON-PERSONAL SERVICE Fringe Benefits ................... $673,000 Health Benefits Committee .......... $11,000 Professional Development Fund...... $191,000 Employee Benefit Fund ............. $530,000 Contract Administration ............ $25,000 S 20. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2011. REPEAL NOTE.--Subparagraphs 5, 6, 7, and 8 of paragraph a of subdivi- sion 2 of section 215 of the executive law, repealed by section one of this act, provided salary schedules for state employees in the partic- ular titles in the collective negotiating unit consisting of commis- sioned and non-commissioned officers in the division of state police and is replaced by revised salary schedules in new subparagraphs 5, 6, 7, and 8 of paragraph a of subdivision 2 implementing an agreement between the state and the employee organization representing such unit. Para- graph a of subdivision 2 of section 207-b of the state finance law, repealed by section two of this act, provided for payments to an employ- ee benefit fund for state employees in the particular titles in the collective negotiating unit consisting of commissioned and non-commis- sioned officers in the division of state police and is replaced by a revised schedule of payments to be made to such fund in a new paragraph a implementing an agreement between the state and the employee organiza- tion representing such unit.
Comments
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.