S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6960                                                  A. 9831

                      S E N A T E - A S S E M B L Y

                             April 16, 2012
                               ___________

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, in relation to compensation,
  benefits and other terms and conditions of employment of certain state
  officers and employees; to implement agreements between the state  and
  an  employee  organization; making an appropriation for the purpose of
  effectuating  certain  provisions  thereof;  and  to  repeal   certain
  provisions of the civil service law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subparagraphs 1, 2, 3 and 4 of paragraph c of subdivision 1
of section 130 of the civil service law are REPEALED and two new subpar-
agraphs 1 and 2 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:
                           PEF SALARY SCHEDULE
                     EFFECTIVE APRIL 1, 2010 (ADMIN)
                     EFFECTIVE MARCH 25, 2010 (INST)
              HIRING            JOB             ADVANCE         JOB RATE
SG             RATE             RATE            AMOUNT          ADVANCE
1            $21,115           $27,249           $877            $877
2            $21,916           $28,343           $919            $919
3            $22,988           $29,730           $964            $964
4            $24,020           $31,115          $1,011          $1,033
5            $25,158           $32,602          $1,064          $1,064
6            $26,506           $34,317          $1,116          $1,116
7            $27,994           $36,173          $1,162          $1,212
8            $29,535           $38,089          $1,203          $1,339
9            $31,181           $40,136          $1,247          $1,477

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD12120-03-2

S. 6960                             2                            A. 9831

10           $32,950           $42,368          $1,302          $1,610
11           $34,838           $44,762          $1,387          $1,608
12           $36,791           $47,138          $1,434          $1,745
13           $38,934           $49,821          $1,491          $1,941
14           $41,170           $52,552          $1,594          $1,824
15           $43,500           $55,455          $1,652          $2,045
16           $45,940           $58,468          $1,715          $2,238
17           $48,518           $61,763          $1,797          $2,466
18           $51,268           $65,190          $1,761          $3,362
19           $54,045           $68,637          $1,834          $3,594
20           $56,813           $72,076          $1,910          $3,803
21           $59,825           $75,862          $1,994          $4,074
22           $63,041           $79,819          $2,078          $4,316
23           $66,375           $83,954          $2,164          $4,599
24           $69,911           $88,256          $2,247          $4,865
25           $73,768           $92,974          $2,343          $5,150
26           $77,654           $95,718          $2,438          $3,438
27           $81,856          $100,822          $2,567          $3,567
28           $86,168          $105,829          $2,666          $3,666
29           $90,684          $111,064          $2,769          $3,769
30           $95,423          $116,516          $2,871          $3,871
31          $100,510          $122,354          $2,978          $3,978
32          $105,853          $128,400          $3,079          $4,079
33          $111,611          $134,868          $3,180          $4,180
34          $117,556          $141,585          $3,290          $4,290
35          $123,651          $148,421          $3,396          $4,396
36          $129,866          $155,451          $3,513          $4,513
37          $136,681          $163,033          $3,622          $4,622
38          $127,518
  (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:
                           PEF SALARY SCHEDULE
                    EFFECTIVE MARCH 27, 2014 (ADMIN)
                     EFFECTIVE APRIL 3, 2014 (INST)
              HIRING            JOB             ADVANCE         JOB RATE
SG             RATE             RATE            AMOUNT          ADVANCE
 1           $21,537           $27,795            $894            $895
 2           $22,354           $28,913            $937            $940
 3           $23,448           $30,323            $983            $981
 4           $24,500           $31,735          $1,031          $1,051
 5           $25,661           $33,253          $1,085          $1,084
 6           $27,036           $35,005          $1,139          $1,141
 7           $28,554           $36,899          $1,185          $1,239
 8           $30,126           $38,848          $1,227          $1,363
 9           $31,805           $40,936          $1,272          $1,504
10           $33,609           $43,212          $1,328          $1,639
11           $35,535           $45,660          $1,414          $1,642
12           $37,527           $48,078          $1,463          $1,777
13           $39,713           $50,814          $1,521          $1,977
14           $41,993           $53,606          $1,625          $1,863
15           $44,370           $56,567          $1,685          $2,089
16           $46,859           $59,638          $1,750          $2,284
17           $49,488           $63,001          $1,833          $2,518
18           $52,293           $66,494          $1,796          $3,429

S. 6960                             3                            A. 9831

19           $55,126           $70,013          $1,870          $3,668
20           $57,949           $73,519          $1,949          $3,881
21           $61,022           $77,376          $2,034          $4,152
22           $64,302           $81,415          $2,119          $4,401
23           $67,703           $85,635          $2,207          $4,693
24           $71,309           $90,020          $2,292          $4,961
25           $75,243           $94,834          $2,390          $5,254
26           $79,207           $97,632          $2,487          $3,507
27           $83,493          $102,838          $2,618          $3,638
28           $87,891          $107,946          $2,720          $3,740
29           $92,498          $113,285          $2,824          $3,844
30           $97,331          $118,846          $2,928          $3,948
31          $102,520          $124,801          $3,038          $4,058
32          $107,970          $130,968          $3,140          $4,160
33          $113,843          $137,565          $3,244          $4,264
34          $119,907          $144,417          $3,356          $4,376
35          $126,124          $151,389          $3,464          $4,484
36          $132,463          $158,561          $3,583          $4,603
37          $139,415          $166,294          $3,695          $4,715
38          $130,068
  S  2.  Paragraph  (d)  of  subdivision  6  of section 131 of the civil
service law is REPEALED.
  S 3. Compensation for certain state officers and employees in  collec-
tive  negotiating  units. 1.  The provisions of this section shall apply
to full-time officers and employees in the collective  negotiating  unit
designated  as  the professional, scientific and technical services unit
established pursuant to article 14 of the civil service law.
  2. 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 employment status on the day before such  payroll
period  shall  be increased by two percent adjusted to the nearest whole
dollar amount.
  3. Notwithstanding the provisions of subdivision two 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  or
the job rate of the salary grade of his or her position on the effective
date  of  the  increase  provided in this subdivision, such basic annual
salary shall be increased to the hiring rate or job rate,  respectively,
of  such salary grade as contained in the appropriate salary schedule in
subparagraph 2 of paragraph c of subdivision 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 subparagraph 2.  Except as herein  provided  to
the  contrary,  the  increase  in  basic  annual salary provided by this
subdivision shall be in lieu of any  increase  in  basic  annual  salary
provided for in subdivision two of this section.
  4. Payments pursuant to the provisions of subdivision 6 of section 131
of  the  civil  service  law  for 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 agreement 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.
  5.  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

S. 6960                             4                            A. 9831

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 unen-
cumbered. Notwithstanding the provisions of this section,  the  director
of  the  budget  may  reduce the salary of any such position which is or
becomes vacant.
  6. The increase in salary 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 three and
four 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.
  7.  In  order  to  provide for the officers and employees to whom this
section applies but are not allocated to salary grades, but are paid  on
an  annual  basis, increases and payments pursuant to subdivisions 4 and
11 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  certif-
icate shall be filed with the state comptroller, the department of civil
service,  the chair of the senate finance committee and the chair of the
assembly ways and means committee.
  8. 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,  provided  however,  that  the increase in basic annual
salary provided for in subdivision two of this section  shall  apply  to
fire  instructors  paid on a fee schedule basis employed by the division
of homeland security and emergency services.
  9. Notwithstanding any other provision of this section, except  subdi-
vision  one,  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 increase 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.
  10.  Notwithstanding any other provision of this section or 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.
  11. Notwithstanding any law, rule or regulation to the contrary, offi-
cers  and  employees  to whom the provisions of this section apply shall
receive performance awards in accordance with the terms of a collective-
ly negotiated agreement between the state and the employee  organization
representing  such  employees entered into pursuant to article 14 of the

S. 6960                             5                            A. 9831

civil service law, effective for the period commencing April 2, 2011 and
ending April 1, 2015, in  accordance  with  the  rules  and  regulations
issued  by the director of the budget to implement payment of such nego-
tiated performance awards.
  S  4.  Location compensation for certain state officers and employees.
Notwithstanding any inconsistent provisions of law, officers and employ-
ees, including seasonal officers and employees  who  shall  receive  the
compensation  provided for pursuant to this section on a pro-rated basis
except part-time officers and employees, in the  collective  negotiating
unit  designated  as the professional, scientific and technical services
unit established pursuant to article 14 of the civil service law,  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
comptroller,  is located: 1. in the county of Monroe and who were eligi-
ble 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 eligible; or 2. in the city of New York, or in the coun-
ty of Rockland, Westchester, Nassau or Suffolk shall continue to receive
a downstate adjustment at the annual rate of three  thousand  twenty-six
dollars effective April 1, 2011; or 3. in the county of Dutchess, Putnam
or Orange shall continue to receive a mid-Hudson adjustment at the annu-
al rate of one thousand five hundred thirteen dollars effective April 1,
2011.  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 bene-
fits 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  partic-
ipates  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  5.  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 unit desig-
nated as the professional, scientific and technical 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 rate specified 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 unit desig-
nated as the professional, scientific and technical services  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 four 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 unit designated as the professional, scientific and  techni-
cal  services  unit,  who  is receiving location pay pursuant to section

S. 6960                             6                            A. 9831

four of this act shall continue to be eligible for such location pay  if
as  the  result of a reduction or redeployment of staff, 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. The rate of  such  continued
location  pay  shall  not  exceed  the  rate such officer or employee is
receiving on the date of such reassignment, appointment or promotion.
  S 6. Special assignment to duty pay. Notwithstanding any  inconsistent
provisions  of  law,  effective  April  2, 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 special assignment to duty lump sum shall be paid each  year
to  an  employee who is serving in a particular assignment deemed quali-
fied pursuant to such agreement.   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 agreement. 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  cessa-
tion  of  the  assignment  to  duty  program on March 31, 2015 unless an
extension is negotiated by the parties. Such lump sum shall  be  consid-
ered salary only for final average salary retirement purposes.
  S  7.  Long  term seasonal employees. Notwithstanding any inconsistent
provisions of law, effective April 2, 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 serv-
ing  in  a qualifying long term seasonal position. Such payment shall be
in an amount negotiated and pursuant to negotiated  qualifying  criteria
and  shall be considered salary only for final average salary retirement
purposes. Such benefit shall be available until March 31, 2015.
  S 8. Notwithstanding any inconsistent provisions of law, where and  to
the  extent  that any agreement between the state and an employee organ-
ization entered into pursuant to article 14 of the civil service law  so
provides  on  behalf  of  employees  in  the collective negotiating unit
designated as the professional, scientific and technical  services  unit
established  pursuant  to article 14 of the civil service law, the state
shall contribute an amount designated in  such  agreement  and  for  the
period  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 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 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 unit designated as the professional, scien-
tific and technical services unit established pursuant to article 14  of
the civil service law.
  S  10.  During  the  period April 2, 2011 through April 1, 2015, 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 collec-
tive negotiating unit designated as  the  professional,  scientific  and

S. 6960                             7                            A. 9831

technical  services unit established pursuant to article 14 of the civil
service law which shall after April 2, 2011, have the responsibility  of
studying,  making recommendations concerning the major issues of produc-
tivity,  the  quality  of  work  life  and  implementing  the agreements
reached.
  S 11. Inconvenience pay program. Pursuant to chapter 333 of  the  laws
of  1969,  as amended, and an agreement negotiated between the state and
an employee organization representing  employees  in  the  professional,
scientific  and  technical services unit established pursuant to article
14 of the civil service law, an eligible employee shall continue  to  be
paid five hundred seventy-five dollars per year for working four or more
hours  between  the  hours of 6:00 p.m. and 6:00 a.m. effective April 2,
2011.
  S 12. Notwithstanding any provision of law to the contrary,  effective
April  2,  2011,  where  and to the extent that an agreement between the
state and an employee organization  so  provides  for  a  pilot  program
concerning  a  firearms training and safety incentive for peace officers
in the professional, scientific and technical services bargaining  unit,
a  lump  sum  payment  for such incentive shall be paid for each year of
such pilot program to any employee who is deemed qualified  pursuant  to
such  agreement. Such payment shall be in an amount negotiated for those
employees who meet criteria established  by  such  pilot  program.  Such
payment  shall  occur at the time prescribed by such pilot program or as
soon as practicable thereafter. Such lump sum payment shall not be  paid
in any year an employee does not meet the qualifications and criteria of
such  pilot  program or upon cessation of such pilot program on April 1,
2015 unless an extension is negotiated by the  parties.  Such  lump  sum
payment shall be considered salary for overtime purposes.
  S  13. Notwithstanding any provision of law to the contrary, effective
April 2, 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 on behalf of certain  employees  in
the  collective  negotiating unit designated as the professional, scien-
tific and technical services unit,  and  where  there  exists  a  policy
requiring  employees  in  the fire protection specialist title series at
the office of fire prevention and control to wear uniforms, a  lump  sum
uniform  allowance  shall  be  paid  each  year  to covered employees in
accordance with the terms of such agreement and  policy.  Such  payments
shall  be in an amount negotiated for covered employees and shall not be
paid in any year where a policy does not  exist  requiring  uniforms  in
accordance  with  the terms of the agreement or where an employee is not
required to wear a uniform or receives a regular uniform  service.  Such
uniform allowance will cease to exist on April 1, 2015, unless an exten-
sion  is  negotiated  by  the parties. Such lump sum shall be considered
salary only for final average salary purposes.
  S 14. The salary  increases,  salary  deductions,  salary  reductions,
benefit  modifications,  and  any  other  modifications to the terms and
conditions of employment provided for by this act for state employees in
the collective negotiating unit designated as the  professional,  scien-
tific  and technical services 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,

S. 6960                             8                            A. 9831

deductions, reductions and modifications and which are fully executed in
writing with the state pursuant to article 14 of the civil service law.
  S  15. Use of appropriations. The comptroller is authorized to pay any
amounts required during the fiscal year 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  16.  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 17. 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. Moreover, the
amounts appropriated as non-personal service may be suballocated to  any
state  department  or  agency as needed. 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 chairman of the  assem-
bly ways and means committee.

                    ALL STATE DEPARTMENT AND AGENCIES
                            SPECIAL PAY BILLS

  General Fund / State Operations
  State Purposes Account - 003

                    Nonpersonal Service

Professional   development  and  quality  of
  working life committee ....................... 1,060,000
Health and Safety .............................. 1,376,000
PSPT Program ................................... 4,008,000
Joint Funded Programs .......................... 1,961,000
Multi-Funded Programs .......................... 1,919,000
Professional Development for Nurses .............. 500,000
Property Damage ................................... 41,000
Family Benefits ................................ 3,769,000
Employee Assistance Program ...................... 852,000
Joint Committee on Health Benefits ............... 500,000
PEF IT ......................................... 1,000,000
Contract administration .......................... 300,000

S. 6960                             9                            A. 9831

  S 18. 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, 2013.
  REPEAL  NOTE.--Subparagraphs  1, 2, 3 and 4 of paragraph c 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
professional, scientific and technical services unit and are replaced by
revised salary schedules in new subparagraphs 1 and 2. Paragraph (d)  of
subdivision  6  of  section  131  of  the civil service law, repealed by
section two of this act, provided employees holding positions  allocated
to  Grade  18  or below the ability to advance to a merit step above the
job rate in certain circumstances. The merit step was eliminated  as  of
April 1, 2010.