Bill S7747-2011

Relates to compensation, benefits and other terms and conditions of employment of certain state correctional officers and certain other employees; appropriation; repealer

Relates to compensation, benefits and other terms and conditions of employment of certain state correctional officers and certain other employees employed within the state department of corrections and community supervision; authorizes funding of joint labor-management committees; implements an agreement between the state and an employee organization.

Details

Actions

  • Jul 18, 2012: SIGNED CHAP.261
  • Jul 6, 2012: DELIVERED TO GOVERNOR
  • Jun 20, 2012: returned to senate
  • Jun 20, 2012: passed assembly
  • Jun 20, 2012: ordered to third reading rules cal.504
  • Jun 20, 2012: substituted for a10720
  • Jun 20, 2012: referred to ways and means
  • Jun 20, 2012: DELIVERED TO ASSEMBLY
  • Jun 20, 2012: PASSED SENATE
  • Jun 20, 2012: ORDERED TO THIRD READING CAL.1404
  • Jun 17, 2012: REFERRED TO RULES

Meetings

Votes

Memo

BILL NUMBER:S7747

TITLE OF BILL: An act to amend the civil service law and the state finance law, in relation to compensation, benefits and other terms and conditions of employment of certain state correctional officers and certain other employees employed within the state department of corrections and community supervision; authorizing funding of joint labor-management committees; implementing an agreement between the state and an employee organization; making an appropriation therefor; and repealing certain provisions of the civil service law relating thereto

PURPOSE OF BILL: This bill would implement the provisions of an agreement ("Agreement") binding the State of New York and the employee organization ("NYSCOPBA") representing full-time members of the Security Services collective negotiating unit ("members of the unit" or "unit members") who are employed within the State Department of Corrections and Community Supervision ("DOCCS") and are designated as peace officers pursuant to Criminal Procedure Law ("CPL") § 2.10 ("arbitration eligible members").

SUMMARY OF PROVISIONS: Section 1 of the bill would repeal Civil Service Law ("CSL") 130(1)(g) and replace it with a new paragraph (g) to establish a new salary schedule for members of the unit to reflect increases in basic annual salary effective April 1, 2009, April 1, 2010, April 1, 2014 and April 1, 2015.

Section 2 of the bill would amend State Finance Law ("SFL") § 207-a(2) to provide for payments to the Employee Benefit Fund for members of the unit. For the periods April 1, 2009 to March 31, 2010, April 1, 2010 to March 31, 2011, April 1, 2011 to March 31, 2012, and April 1, 2013 to March 31, 2013 such payment would be $40 for each member of the unit for each year. Such payments would increase to $40.80 for April 1, 2014 to March 31, 2015 and to $41.62 for the period April 1, 2015 to March 31, 2016.

Section 3, subd. 1 of the bill would set forth the applicability of the provisions of section 3 to members of the unit who are annual salaried officers and employees.

Section 3, subd. 2 of the bill would provide for a 3% increase in the basic annual salary of annual salaried members of the unit, effective April 1, 2009.

Section 3, subd. 3 of the bill would provide for a 4% increase in the basic annual salary of annual salaried members of the unit, effective April 1, 2010.

Section 3, subd. 4 of the bill would provide for lump sum payments of $775 on April 1, 2013 and $225 on April 1, 2014 for those annual salaried members of the unit who are on the payroll on the date of ratification and on the date of the first payment.

Section 3, subd. 5 of the bill would provide for a 2% increase in the basic annual salary of annual salaried members of the unit, effective April 1, 2014.

Section 3, subd. 6 of the bill would provide for a 2% increase in the basic annual salary of annual salaried members of the unit, effective April 1, 2015.

Section 3, subd. 7 of the bill would provide performance advancement payments to annual salaried members of the unit, within their salary grades, pursuant to CSL § 131(6) and the Agreement.

Section 3, subd. 8 of the bill would set the 10-year, 15-year, 20-year, and 25-year longevity step payments for annual salaried members of the unit in accordance with the amounts prescribed by CSL 130(1)(g), as added by section 1 of this bill and the Agreement.

Section 3, subd. 9 of the bill would provide that where the salary of an annual salaried member of the unit is identical to the hiring rate, such member's basic annual salary would be increased to the corresponding hiring rate, performance advance step, job rate or longevity step as of April 1 of the same year for which increases are provided in CSL § 130 (1) (g), as added by section 1 of this bill and the Agreement.

Section 3, subd. 10 of the bill would provide that unencumbered or newly created positions within the unit would be treated the same as encumbered and currently existing positions, and that the Director of the Budget may reduce the salary of any such position which is, or becomes, vacant.

Section 3, subd. 11 of the bill would provide that the salary increases payable pursuant to section 3 of the bill would apply on a prorated basis to non-annual salaried members of the unit who are paid on an hourly or per diem basis, who are serving on a part-time or seasonal basis, or who are paid on any basis other than at an annual salaried rate; except that the subdivisions 4, 7, 8, and 9 of section 3 of the bill would not apply to employees serving on an hourly, per diem or seasonal basis, except as determined by the Director of the Budget.

Section 3, subd. 12 of the bill would provide that the increases payable pursuant to section 3 of the bill would not apply to members of the unit who are paid on a fee schedule basis.

Section 3, subd. 13 of the bill would authorize the Director of the Budget to apply the appropriate increases provided by section 3 of the bill to annual salaried members of the unit who are in positions that are not allocated to salary grades.

Section 3, subd. 14 of the bill would provide that any increase in compensation may be withheld in whole or in part from any member of the unit to whom section 3 of the bill applies where, in the opinion of the Director of the Budget and the Director of Employee Relations, such increase is not warranted or is not appropriate.

Section 4 of the bill would continue to provide additional compensation to members of the unit, in accordance with a determination made by a public arbitration panel, in recognition of the general requirement for annual salaried employees to assemble for briefing prior to the commencement of their duties. Each annual salaried member of the unit would receive a minimum of $8 per day for pre-shift briefing, or a minimum of $40 per week in the event of such member's absence from work. Such compensation would be excluded from a unit member's annual salary as overtime pay but included for retirement purposes,

Section 5 of the bill would provide location pay for annual salaried members of the unit. Unit members whose official work station is located in New York City or in the counties of Nassau, Suffolk, Westchester, Rockland, Orange, Putnam, or Dutchess would receive location pay as follows:

ÑOrange/PutnamÑNYC/Rockl./Nassau/Suffolk/ Ñ/DutchessÑWestchester

April 1, 2009Ñ$1,231Ñ$3,306 April 1, 2010Ñ$1,280Ñ$3,438 April 1, 2011Ñ$1,280Ñ$3,438 April 1, 2012Ñ$1,280Ñ$3,438 April 1, 2013Ñ$1,280Ñ$3,438 April 1, 2014Ñ$1,280Ñ$3,438 April 1, 2015Ñ$1,280Ñ$3,438

Such payments would be equally divided over 26 payroll periods and count as compensation for overtime and retirement purposes.

Section 6 of the bill would provide for annual inconvenience pay to annual salaried members of the unit.

- Effective April 1, 2009, annual salaried members of the unit who work the "evening shift" would be paid one thousand eight hundred fifty-four dollars per year. Effective April 1, 2010, this amount would be increased to one thousand nine hundred twenty-eight dollars. Effective April 1, 2014, this amount would be increased to one thousand nine hundred sixty-seven dollars. Effective April 1, 2015, this amount shall be increased to two thousand six dollars.

- Effective April 1, 2009, annual salaried members of the unit who work the "night shift" would be paid nine hundred twenty-seven dollars per year. Effective April 1, 2010, this amount would be increased to nine hundred sixty-four dollars. Effective April 1, 2014, this amount would be increased to nine hundred eighty-three dollars. Effective April 1, 2015, this amount would be increased to one thousand three dollars.

Section 7 of the bill would provide annual salaried members of the unit with expanded duty pay in the amount of two thousand six hundred dollars per year, effective March 31, 2011. Payment for such compensation would be equally divided over the 26 payroll periods of a fiscal year. Compensation paid pursuant to this section would be included as compensation for overtime and retirement purposes.

Section 8 of the bill would continue, for the period April 1, 2012 through March 31, 2016, a Statewide Joint Labor-Management Committee to study various labor-related issues including health benefits, employee assistance, performance evaluation, education and training, quality of work life, and to provide for the implementation of the terms of such agreements of such committee.

Section 9 of the bill would make available the appropriations contained in the bill to continue the payment and publication of grievance arbitration settlements and awards.

Section 10 of the bill would continue to exempt the salaries of newly hired unit members from the imposition of the "salary deferral" pursuant to SFL § 200(2-a).

Section 11 of the bill would provide that the salary increases, benefit modifications, and other modifications to terms and conditions of employment are not effective until the Director of Employee Relations certifies that there is a ratified agreement in place.

Section 12 of the bill would set the date upon which incumbent members of the unit would receive the salary increases provided by the agreement.

Section 13 of the bill would provide that until payment is made pursuant to this bill, members of the unit will receive payment otherwise payable in their respective positions. When basic annual salaries and other compensation items are first paid pursuant to this bill, such members shall be entitled to a lump sum payment for the difference between the salaries to which they were entitled since April 1, 2009 and the compensation actually received in accordance with the terms of the Agreement.

Section 14 of the bill would authorize the Comptroller to pay any amounts required by the bill. To the extent that existing appropriations available to any State department or agency are insufficient to accomplish the purposes set forth in this section, the Director of the Budget would be authorized to allocate to the various departments and agencies the amounts necessary to make such payments.

Section 15 of the bill would appropriate monies to pay for personal and non-personal services for members of the unit as provided in this bill and in accordance with the terms of the Agreement.

Section 16 of the bill would provide that it takes effect immediately and be deemed to have been in full force and effect on and after April 1, 2009.

EXISTING LAW: L. 2009, c. 214 and L. 2010, c. 150 are the terms and conditions of employment for members of the unit for the period April 1, 2007 to March 31, 2009. CSL § 130(1)(g) establishes the current salary schedules and longevity schedules for members of the unit. SFL §207-a(2) establishes the current employee benefit fund for members of the unit.

STATEMENT IN SUPPORT:

This bill is necessary to implement the terms of an agreement collectively negotiated between the State of New York and NYSCOPBA, the employee organization representing members of the Security Services bargaining unit.

BUDGET IMPLICATIONS: This bill would provide appropriations totaling approximately $339.4 million (General Fund of approximately $339.3 million) to pay for the cost of the Agreement from April 1, 2009 through March 31, 2013. The SFY 2012-13 financial plan accommodates the immediate and ongoing costs associated with this bill.

EFFECTIVE DATE: This bill would take effect immediately and be deemed to have been in full force and effect on and after April 1, 2009.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 7747 A. 10720 S E N A T E - A S S E M B L Y June 17, 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 COMMITTEE ON RULES -- (at request of 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, benefits and other terms and conditions of employment of certain state correctional officers and certain other employees employed within the state department of corrections and community supervision; authorizing funding of joint labor-management committees; implementing an agreement between the state and an employ- ee organization; making an appropriation therefor; and repealing 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. Paragraph g of subdivision 1 of section 130 of the civil service law is REPEALED and a new paragraph g is added to read as follows: G. PURSUANT TO THE TERMS OF AN AGREEMENT BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW COVERING MEMBERS OF THE COLLECTIVE NEGOTIATING UNIT DESIGNATED AS THE SECURITY SERVICES COLLECTIVE NEGOTIATING UNIT WHO ARE EMPLOYED WITHIN THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER- VISION AND WHO ARE DESIGNATED AS PEACE OFFICERS PURSUANT TO SECTION 2.10 OF THE CRIMINAL PROCEDURE LAW, EFFECTIVE ON THE DATES INDICATED, SALARY GRADES FOR SUCH UNIT MEMBERS SHALL BE AS FOLLOWS: (1) EFFECTIVE APRIL SECOND, TWO THOUSAND NINE FOR OFFICERS AND EMPLOY- EES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH TWENTY-SIXTH, TWO THOUSAND NINE FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL PAYROLL: SECURITY SERVICES SALARY SCHEDULE ARBITRATION ELIGIBLE ONLY
PERF. PERF. PERF. PERF. PERF. AD- AD- AD- AD- AD- HIR- VANCE VANCE VANCE VANCE VANCE ING STEP STEP STEP STEP STEP SG RATE 1 2 3 4 5 1 23964 24896 25828 26760 27692 28624 2 24775 25757 26739 27721 28703 29685 3 25908 26933 27958 28983 30008 31033 4 26994 28075 29156 30237 31318 32399 5 28191 29325 30459 31593 32727 33861 6 29576 30771 31966 33161 34356 35551 7 31153 32395 33637 34879 36121 37363 8 32812 34102 35392 36682 37972 39262 9 34547 35894 37241 38588 39935 41282 10 36413 37829 39245 40661 42077 43493 11 38463 39937 41411 42885 44359 45833 12 40505 42044 43583 45122 46661 48200 13 42821 44427 46033 47639 49245 50851 14 45183 46867 48551 50235 51919 53603 15 47684 49435 51186 52937 54688 56439 16 50277 52107 53937 55767 57597 59427 17 53002 54931 56860 58789 60718 62647 18 55918 57941 59964 61987 64010 66033 19 58873 60987 63101 65215 67329 69443 20 61805 64015 66225 68435 70645 72855 21 65034 67337 69640 71943 74246 76549 22 68416 70855 73294 75733 78172 80611 23 72024 74533 77042 79551 82060 84569 24 75823 78425 81027 83629 86231 88833 25 79954 82668 85382 88096 90810 93524 LONG MAX. 10-YR 15-YR 20-YR 25-YR JOB PERF. LONG LONG LONG LONG SG RATE ADV. STEP STEP STEP STEP 1 29556 932 31203 32652 35268 36718 2 30667 982 32408 33942 36631 38164 3 32058 1025 33874 35473 38217 39816 4 33480 1081 35519 37072 39889 41441 5 34995 1134 37005 38773 41666 43435 6 36746 1195 38863 40727 43703 45566 7 38605 1242 40806 42743 45782 47717 8 40552 1290 42840 44852 47957 49970 9 42629 1347 45021 47123 50309 52413 10 44909 1416 47414 49618 52888 55094 11 47307 1474 49914 52211 55562 57859 12 49739 1539 52469 54869 58312 60713 13 52457 1606 55300 57800 61333 63831 14 55287 1684 58265 60885 64518 67138 15 58190 1751 61292 64021 67748 70477 16 61257 1830 64498 67350 71186 74038 17 64576 1929 67987 70989 74954 77956 18 68056 2023 71642 74800 78899 82055 19 71557 2114 75301 78595 82813 86107 20 75065 2210 78982 82430 86780 90229
21 78852 2303 82935 86530 91007 94600 22 83050 2439 87369 91167 95826 99625 23 87078 2509 91528 95443 100199 104114 24 91435 2602 96045 100103 104987 109045 25 96238 2714 101046 105279 110309 114543 (2) 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: SECURITY SERVICES SALARY SCHEDULE ARBITRATION ELIGIBLE ONLY PERF. PERF. PERF. PERF. PERF. AD- AD- AD- AD- AD- HIR- VANCE VANCE VANCE VANCE VANCE ING STEP STEP STEP STEP STEP SG RATE 1 2 3 4 5 1 24923 25892 26861 27830 28799 29768 2 25766 26787 27808 28829 29850 30871 3 26944 28010 29076 30142 31208 32274 4 28074 29198 30322 31446 32570 33694 5 29319 30498 31677 32856 34035 35214 6 30759 32002 33245 34488 35731 36974 7 32399 33691 34983 36275 37567 38859 8 34124 35466 36808 38150 39492 40834 9 35929 37330 38731 40132 41533 42934 10 37870 39343 40816 42289 43762 45235 11 40002 41535 43068 44601 46134 47667 12 42125 43726 45327 46928 48529 50130 13 44534 46204 47874 49544 51214 52884 14 46990 48741 50492 52243 53994 55745 15 49591 51412 53233 55054 56875 58696 16 52288 54191 56094 57997 59900 61803 17 55122 57128 59134 61140 63146 65152 18 58155 60259 62363 64467 66571 68675 19 61228 63427 65626 67825 70024 72223 20 64277 66576 68875 71174 73473 75772 21 67635 70030 72425 74820 77215 79610 22 71153 73690 76227 78764 81301 83838 23 74905 77514 80123 82732 85341 87950 24 78856 81562 84268 86974 89680 92386 25 83152 85975 88798 91621 94444 97267 LONG MAX. 10-YR 15-YR 20-YR 25-YR JOB PERF. LONG LONG LONG LONG SG RATE ADV. STEP STEP STEP STEP 1 30737 969 32450 33957 36677 38185 2 31892 1021 33703 35298 38095 39689 3 33340 1066 35229 36892 39745 41408 4 34818 1124 36939 38554 41483 43097 5 36393 1179 38483 40322 43331 45171 6 38217 1243 40419 42357 45452 47390 7 40151 1292 42440 44455 47615 49627 8 42176 1342 44556 46648 49877 51971
9 44335 1401 46823 49009 52322 54510 10 46708 1473 49313 51605 55006 57300 11 49200 1533 51911 54300 57785 60174 12 51731 1601 54570 57066 60647 63144 13 54554 1670 57511 60111 63785 66383 14 57496 1751 60593 63318 67096 69821 15 60517 1821 63743 66581 70457 73295 16 63706 1903 67077 70043 74032 76998 17 67158 2006 70705 73828 77951 81073 18 70779 2104 74508 77793 82056 85338 19 74422 2199 78316 81742 86128 89554 20 78071 2299 82145 85731 90255 93842 21 82005 2395 86251 89990 94646 98383 22 86375 2537 90867 94817 99662 103613 23 90559 2609 95187 99259 104205 108276 24 95092 2706 99886 104107 109186 113406 25 100090 2823 105090 109493 114724 119127 (3) EFFECTIVE MARCH TWENTY-SEVENTH, TWO THOUSAND FOURTEEN FOR OFFICERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE APRIL THIRD, TWO THOUSAND FOURTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL PAYROLL: SECURITY SERVICES SALARY SCHEDULE ARBITRATION ELIGIBLE ONLY PERF. PERF. PERF. PERF. PERF. AD- AD- AD- AD- AD- HIR- VANCE VANCE VANCE VANCE VANCE ING STEP STEP STEP STEP STEP SG RATE 1 2 3 4 5 1 25421 26410 27399 28388 29377 30366 2 26281 27323 28365 29407 30449 31491 3 27483 28570 29657 30744 31831 32918 4 28635 29782 30929 32076 33223 34370 5 29905 31108 32311 33514 34717 35920 6 31374 32642 33910 35178 36446 37714 7 33047 34365 35683 37001 38319 39637 8 34806 36175 37544 38913 40282 41651 9 36648 38077 39506 40935 42364 43793 10 38627 40130 41633 43136 44639 46142 11 40802 42366 43930 45494 47058 48622 12 42968 44601 46234 47867 49500 51133 13 45425 47128 48831 50534 52237 53940 14 47930 49716 51502 53288 55074 56860 15 50583 52440 54297 56154 58011 59868 16 53334 55275 57216 59157 61098 63039 17 56224 58270 60316 62362 64408 66454 18 59318 61464 63610 65756 67902 70048 19 62453 64696 66939 69182 71425 73668 20 65563 67908 70253 72598 74943 77288 21 68988 71431 73874 76317 78760 81203 22 72576 75164 77752 80340 82928 85516 23 76403 79064 81725 84386 87047 89708 24 80433 83193 85953 88713 91473 94233 25 84815 87695 90575 93455 96335 99215
LONG MAX. 10-YR 15-YR 20-YR 25-YR JOB PERF. LONG LONG LONG LONG SG RATE ADV. STEP STEP STEP STEP 1 31355 989 33102 34639 37414 38952 2 32533 1042 34380 36007 38860 40486 3 34005 1087 35932 37628 40538 42234 4 35517 1147 37680 39328 42315 43962 5 37123 1203 39255 41131 44200 46077 6 38982 1268 41228 43205 46362 48338 7 40955 1318 43290 45345 48568 50621 8 43020 1369 45448 47581 50875 53011 9 45222 1429 47760 49989 53369 55601 10 47645 1503 50302 52640 56109 58449 11 50186 1564 52951 55388 58943 61379 12 52766 1633 55662 58208 61860 64407 13 55643 1703 58659 61311 65059 67709 14 58646 1786 61805 64584 68438 71218 15 61725 1857 65016 67910 71864 74759 16 64980 1941 68418 71444 75513 78538 17 68500 2046 72118 75303 79509 82693 18 72194 2146 75998 79348 83697 87044 19 75911 2243 79883 83377 87851 91346 20 79633 2345 83788 87446 92061 95719 21 83646 2443 87977 91791 96540 100352 22 88104 2588 92686 96715 101657 105687 23 92369 2661 97090 101243 106288 110440 24 96993 2760 101883 106188 111369 115673 25 102095 2880 107195 111686 117022 121513 (4) EFFECTIVE MARCH TWENTY-SIXTH, TWO THOUSAND FIFTEEN FOR OFFICERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE APRIL SECOND, TWO THOUSAND FIFTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL PAYROLL: SECURITY SERVICES SALARY SCHEDULE ARBITRATION ELIGIBLE ONLY PERF. PERF. PERF. PERF. PERF. AD- AD- AD- AD- AD- HIR- VANCE VANCE VANCE VANCE VANCE ING STEP STEP STEP STEP STEP SG RATE 1 2 3 4 5 1 25929 26938 27947 28956 29965 30974 2 26807 27870 28933 29996 31059 32122 3 28033 29142 30251 31360 32469 33578 4 29208 30378 31548 32718 33888 35058 5 30503 31730 32957 34184 35411 36638 6 32001 33295 34589 35883 37177 38471 7 33708 35052 36396 37740 39084 40428 8 35502 36898 38294 39690 41086 42482 9 37381 38839 40297 41755 43213 44671 10 39400 40933 42466 43999 45532 47065 11 41618 43213 44808 46403 47998 49593 12 43827 45493 47159 48825 50491 52157
13 46334 48071 49808 51545 53282 55019 14 48889 50711 52533 54355 56177 57999 15 51595 53489 55383 57277 59171 61065 16 54401 56381 58361 60341 62321 64301 17 57348 59435 61522 63609 65696 67783 18 60504 62693 64882 67071 69260 71449 19 63702 65990 68278 70566 72854 75142 20 66874 69266 71658 74050 76442 78834 21 70368 72860 75352 77844 80336 82828 22 74028 76668 79308 81948 84588 87228 23 77931 80645 83359 86073 88787 91501 24 82042 84857 87672 90487 93302 96117 25 86511 89449 92387 95325 98263 101201 LONG MAX. 10-YR 15-YR 20-YR 25-YR JOB PERF. LONG LONG LONG LONG SG RATE ADV. STEP STEP STEP STEP 1 31983 1009 33765 35333 38163 39732 2 33185 1063 35069 36728 39639 41297 3 34687 1109 36653 38382 41351 43081 4 36228 1170 38434 40115 43162 44842 5 37865 1227 40040 41953 45084 46998 6 39765 1294 42056 44072 47293 49308 7 41772 1344 44154 46250 49537 51631 8 43878 1396 46355 48530 51890 54069 9 46129 1458 48718 50991 54439 56716 10 48598 1533 51308 53693 57231 59618 11 51188 1595 54008 56494 60120 62605 12 53823 1666 56777 59374 63099 65697 13 56756 1737 59832 62537 66360 69063 14 59821 1822 63043 65878 69809 72644 15 62959 1894 66316 69268 73301 76254 16 66281 1980 69788 72874 77025 80110 17 69870 2087 73560 76809 81099 84347 18 73638 2189 77518 80935 85371 88785 19 77430 2288 81481 85045 89609 93174 20 81226 2392 85464 89195 93903 97634 21 85320 2492 89738 93628 98472 102360 22 89868 2640 94542 98651 103692 107803 23 94215 2714 99030 103266 108412 112647 24 98932 2815 103920 108311 113596 117986 25 104139 2938 109341 113922 119365 123945 S 2. Subdivision 2 of section 207-a of the state finance law, as amended by chapter 214 of the laws of 2009, is amended to read as follows: 2. 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 or an interest arbitration award issued pursuant to subdivision four of section two hundred nine of the civil service law between the state and an employee organization so provides on behalf of employees in the collective negotiating unit designated as the security services unit established pursuant to article fourteen of the civil service law, and upon audit and warrant of the comptroller, the director shall provide for the payment of moneys to such employee organization
for the establishment and maintenance of an employee benefit fund estab- lished by the employee organization for the employees in the negotiating unit covered by the controlling provision of such agreement or award providing for such employee benefit fund, such amount to be determined consistent with said agreement or award on the basis of the number of full-time annual salaried employees, as determined by the comptroller, on the payroll on the last day of the payroll period in which March first, two thousand [seven] NINE, falls for payments to be made on April first, two thousand [seven] NINE, on the last day of the payroll period in which March first, two thousand [eight] TEN falls for payments to be made on April first, two thousand [eight] TEN, ON THE LAST DAY OF THE PAYROLL PERIOD IN WHICH MARCH FIRST, TWO THOUSAND ELEVEN FALLS FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND ELEVEN, ON THE LAST DAY OF THE PAYROLL PERIOD IN WHICH MARCH FIRST, TWO THOUSAND TWELVE FALLS FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND TWELVE, ON THE LAST DAY OF THE PAYROLL PERIOD IN WHICH MARCH FIRST, TWO THOUSAND THIRTEEN FALLS FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND THIRTEEN, ON THE LAST DAY OF THE PAYROLL PERIOD IN WHICH MARCH FIRST, TWO THOUSAND FOURTEEN FALLS FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND FOURTEEN AND, ON THE LAST DAY OF THE PAYROLL PERIOD IN WHICH MARCH FIRST, TWO THOUSAND FIFTEEN FALLS FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND FIFTEEN. The amount, 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 appropriations as provided by law, in which case the comptroller will establish procedures to ensure repayment from said special or administrative funds. The director may enter into an agreement with an employee organization which sets forth the specific terms and conditions for the establishment and administration of an employee benefit fund as a condition for the trans- mittal of moneys pursuant to this section. S 3. Compensation for members of the collective negotiating unit designated as security services pursuant to an agreement between the state of New York and the employee organization representing such indi- viduals entered into pursuant to article 14 of the civil service law (hereinafter "the agreement" or "an agreement"). 1. The provisions of this section shall apply to annual salaried members of the security services collective negotiating unit employed within the state department of corrections and community supervision, who are designated as peace officers pursuant to section 2.10 of the criminal procedure law. 2. Effective April 1, 2009, the basic annual salary of those members who are in annual salaried employment status on March 31, 2009 shall be increased by 3 percent. 3. Effective April 1, 2010, the basic annual salary of those members who are in annual salaried employment status on March 31, 2010 shall be increased by 4 percent. 4. (a) Effective April 1, 2013, a lump sum payment of seven hundred seventy-five dollars shall be made to each annual salaried member of the security services collective negotiating unit employed within the state department of corrections and community supervision, who is designated as a peace officer pursuant to section 2.10 of the criminal procedure law who was (i) active on the date of ratification of the agreement between the state and the employee organization representing employees in the security services unit 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. Such lump sum shall be consid- ered salary for final average salary retirement purposes but shall not become part of basic annual salary. 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 such date, shall be eligible for said payment if they return to annual salaried employment status during the fiscal year 2013-2014 without a break in continuous service. (b) Effective April 1, 2014, a lump sum payment of two hundred twen- ty-five dollars shall be made to each annual salaried member of the security services collective negotiating unit employed within the state department of corrections and community supervision, who is designated as a peace officer pursuant to section 2.10 of the criminal procedure law who was (i) active on the date of ratification of the agreement between the state and the employee organization representing employees in the security services unit 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. Such lump sum shall be consid- ered salary for final average salary retirement purposes but shall not become part of basic annual salary. 5. Effective April 1, 2014, the basic annual salary of those members who are in annual salaried employment status on March 31, 2014, shall be increased by two percent. 6. Effective April 1, 2015, the basic annual salary of those members who are in annual salaried employment status on March 31, 2015, shall be increased by two percent. 7. Advancement within a salary grade. Payments pursuant to the provisions of subdivision 6 of section 131 of the civil service law for all annual-salaried officers and employees in the security services unit who are entitled to such payments shall be payable pursuant to the terms of an agreement. 8. Effective April 1, 2009, pursuant to the terms of an agreement covering those members of the security services collective negotiating unit who are employed with the state department of corrections and community supervision and who are designated as peace officers pursuant to section 2.10 of the criminal procedure law, for such unit members who are on the institutional or administrative payroll, the ten year, fifteen year, twenty year and twenty-five year longevity step payment for such unit members to whom the provisions of this section apply shall be that amount prescribed by paragraph g of subdivision 1 of section 130 of the civil service law as added by section one of this act. 9. Notwithstanding any of the foregoing provisions of this section, if the basic annual salary of such annual salaried unit members to whom the provisions of this section apply is identical with the hiring rate, performance advance step one, two, three, four, or five, the job rate, the ten-year longevity step, the fifteen-year longevity step, the twen- ty-year longevity step, or the twenty-five-year longevity step of the salary grade of his or her position on the effective dates of the increases provided by this section, respectively, for such unit members to whom the provisions of this section apply on the institutional or administrative payroll, such basic annual salary shall be increased to the hiring rate, performance advance step one, two, three, four or five, the job rate, the ten-year longevity step, the fifteen-year longevity step, the twenty-year longevity step or the twenty-five-year longevity step of such salary grade as contained in paragraph g of subdivision one of section 130 of the civil service law, as added by section one of this
act, to take effect on the dates provided in paragraph g of subdivision one of section 130 of the civil service law, as added by section one of this act. The increases in basic annual salary provided by this subdivi- sion shall be in lieu of any increase in basic annual salary provided for in subdivisions two, three, five, six, seven, and eight of this section. 10. 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 is filled by the appointment of such unit member to whom the provisions of this section apply, the sala- ry otherwise provided for such position shall be increased in the same manner as though such position had been in existence but unencumbered. Notwithstanding the provisions of this section, the director of the budget may reduce the salary of any such position, which is or becomes vacant. 11. The increases in salary payable pursuant to this section shall apply on a prorated basis to officers and employees, otherwise eligible to receive an increase in salary pursuant to this section, 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 salaried rate; except that the provisions of subdivisions four, seven, eight, and nine 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. 12. 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. 13. In order to provide for the annual salaried officers and employees to whom this section applies who are not allocated to salary grades, performance advancements and payments 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 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 thereof for which adjustments are made pursuant to the provisions of this subdivi- sion, and a copy of each such certificate shall be filed with the state comptroller, the department of civil service, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. 14. Notwithstanding any of the foregoing provisions of this section, any increase in compensation may be withheld in whole or in part from any such unit members to whom the provisions of this section apply when, in the opinion of the director of the budget and the director of employ- ee relations, such increase is not warranted or is not appropriate for any reason. S 4. Additional compensation for annual salaried members of the secu- rity services collective negotiating unit who are employed within the state department of corrections and community supervision and who are designated as peace officers, pursuant to section 2.10 of the criminal procedure law, in recognition of pre-shift briefing. 1. In recognition of the general requirement for these unit members to assemble for briefing prior to the commencement of duties, where and to the extent a determination made by the public arbitration panel so provides on behalf of such unit members to whom the provisions of this
subdivision apply on behalf of each such employee except such employee receiving additional compensation pursuant to subdivision 5 of section 134 of the civil service law, such members shall continue to receive additional compensation in recognition of pre-shift briefing. 2. Each such unit member to whom the provisions of this subdivision apply, shall continue to receive a minimum of eight dollars for each day while in payroll status when such pre-shift briefing time is not other- wise compensated at a greater amount at the one and one-half times the hourly rate of pay provided for by subdivision 1 of section 134 of the civil service law and the rules and regulations of the director of the budget. Each such unit member to whom the provisions of this subdivision apply, subject to the provisions of this subdivision, shall continue to receive a minimum of forty dollars per week in addition to base pay. No payments authorized pursuant to this subdivision shall be made to an employee who is in non-pay status for that day. 3. Any such additional compensation pursuant to this subdivision, shall be paid in addition to and shall not be a part of such employee's basic annual salary and shall not be included as compensation for the purposes of computation of overtime pay, provided, however, that such additional compensation shall be included for retirement purposes. Notwithstanding the foregoing provisions of this subdivision or of any other law, such additional compensation as added by this subdivision shall be in lieu of the continuation of any other additional compen- sation for such unit members in recognition of pre-shift briefing. S 5. Locational compensation for certain members of the security services collective negotiating units. 1. Pursuant to the terms of an agreement covering certain members of the security services unit who are eligible for interest arbitration, and notwithstanding any inconsistent provision of law, rule or regulation to the contrary, all members of this unit who are employed by the state department of corrections and community supervision as peace officers pursuant to section 2.10 of the criminal procedure law, and are annual salaried employees and 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 city of New York, or in the county of Putnam, Orange, Dutchess, Rockland, Westchester, Nassau, or Suffolk, shall receive locational compensation according to the follow- ing schedule: Orange/Putnam/Dutchess NYC/Rock/Nassau/Suffolk/West April 1, 2009 $1,231 $3,306 April 1, 2010 $1,280 $3,438 April 1, 2011 $1,280 $3,438 April 1, 2012 $1,280 $3,438 April 1, 2013 $1,280 $3,438 April 1, 2014 $1,280 $3,438 April 1, 2015 $1,280 $3,438 2. The locational compensation as set out in all subdivisions of this section 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 performance advance or other rights or benefits to which an employee may be entitled by law, provided, however, that locational compensation shall be included as compensation for the purposes of computation of overtime pay and for retirement purposes. This payment will be equally divided over the 26 payroll periods in each fiscal year. S 6. Inconvenience pay. Pursuant to the terms of an agreement covering certain members of the security services unit who are eligible for
interest arbitration and who are employed by the state department of corrections and community supervision and are designated as peace offi- cers pursuant to section 2.10 of the criminal procedure law, effective April 1, 2009, the inconvenience pay paid to annual salaried unit members to whom the provisions of this section apply who work the even- ing shift as defined by the individual facilities within the department of corrections and community supervision, shall increase by three percent to one thousand eight hundred fifty-four dollars per year to be paid in equal bi-weekly installments for work on such shift. Effective April 1, 2010, this amount shall be increased by four percent to one thousand nine hundred twenty-eight dollars. Effective April 1, 2014, this amount shall be increased by two percent to one thousand nine hundred sixty-seven dollars. Effective April 1, 2015, this amount shall be increased by two percent to two thousand six dollars. Effective April 1, 2009, the inconvenience pay paid to annual salaried unit members to whom the provisions of this section apply who work the night shift as defined by the individual facilities within the depart- ment of corrections and community supervision shall be increased by three percent to nine hundred twenty-seven dollars per year to be paid in equal bi-weekly installments for work on such shift. Effective April 1, 2010, this amount shall be increased by four percent to nine hundred sixty-four dollars. Effective April 1, 2014, this amount shall be increased by two percent to nine hundred eighty-three dollars. Effec- tive April 1, 2015, this amount shall be increased by two percent to one thousand three dollars. Such unit members to whom the provisions of this section apply who are on paid leave for line of duty injuries shall continue to receive inconvenience payments as provided above. Any such additional compensation pursuant to this section shall be included as compensation for retirement purposes. S 7. Expanded duty pay. Pursuant to the terms of an agreement covering members of the security services collective negotiating unit who are employed within the state department of corrections and community super- vision and who are designated as peace officers pursuant to section 2.10 of the criminal procedure law and notwithstanding any other provision of law, effective March 31, 2011, such annual salaried unit members to whom the provisions of this section apply shall be paid an expanded duty pay in the amount of two thousand six hundred dollars per year. Payment for such compensation shall be equally divided over the 26 payroll periods of a fiscal year. Such compensation pursuant to this section shall be included as compensation for overtime and retirement purposes. S 8. During the period April 1, 2012 through March 31, 2016, there shall be a statewide joint labor-management committee continued and administered pursuant to the terms of the agreement negotiated between the state and the employee organization representing employees in the collective negotiating unit designated as the security services unit established pursuant to article 14 of the civil service law which shall, after March 31, 2012, with the amounts available therefor, study and make recommendations concerning major issues of, health benefits, employee assistance, performance evaluation, education and training, quality of work life and provide for the implementation of the terms of agreements of such committee. 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 7 and 8 of the collective negotiating agree- ment between the state and the employee organization representing the
collective negotiating unit designated as the security services unit established pursuant to article 14 of the civil service law. S 10. Notwithstanding any provision of law, rule or regulation to the contrary, and where and to the extent an agreement negotiated between the state and the employee organization representing employees in the security services unit established pursuant to article 14 of the civil service law so provides, the salaries of newly hired employees on or after September 1, 1992 into state service in positions within negotiat- ing units shall not be subject to the provisions of subdivision 2-a of section 200 of the state finance law. S 11. The salary increases, benefit modifications, and any other modifications to terms and conditions of employment provided for by this act for state employees in the collective negotiating unit designated as the security services unit established pursuant to article 14 of the civil service law shall not be implemented until the director of employ- ee 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 and modifications. S 12. 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 members of the security services collective negotiating unit established pursuant to article 14 of the civil service law who are annual salaried employees and who are employed by the state department of corrections and community super- vision and are peace officers pursuant to section 2.10 of the criminal procedure law, 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 unit members upon reclassi- fication, 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 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 unit members. Payment of such salary increase may be deferred pursuant to section thirteen of this act. S 13. Deferred payment of salary increase. Notwithstanding the provisions of any other section of this act, or of any other law to the contrary, pending payment pursuant to this act of the basic annual sala- ries and other compensation to 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 positions. An incumbent holding a position subject to this act at any time during the period from April 1, 2009, until the time when basic annual salaries and other compensation 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 services and the compensation actually received therefor in accordance with the terms of the agreement between the employee organization representing such members and the state. The amounts paid under this act shall count
as compensation earned during the year or years for which it is calcu- lated and not as compensation earned wholly in the year in which it is paid. Notwithstanding any provision of law, rule or regulation to the contrary, no member of the security services unit to whom the provisions of this act apply shall be entitled to, or owed, any interest or other penalty for any reason on any monies due to such member pursuant to the terms of this act and the terms of the agreement covering employees in the security services unit. S 14. Use of appropriations. Notwithstanding any provision of the state finance law or any other provision of law to the contrary, the state comptroller is authorized to pay any amounts required by the fore- going provisions of this act. To the extent that existing appropriations available to any state department or agency in any fund are insufficient to accomplish the purposes set forth in this section, the director of the budget is authorized to allocate to the various departments and agencies, from any appropriations available in any fund, the amounts necessary to make such payments. Any appropriations or other funds available to any state department or agency for personal service or for other related employee benefits during the fiscal year commencing April 1, 2012 shall be available for the payment of any liabilities or obli- gations incurred pursuant to the foregoing provisions of this act, whether they occurred prior to or during the state fiscal year commenc- ing April 1, 2012. S 15. Appropriations. Notwithstanding any provision of the state finance law or any other provision of law to the contrary, the several amounts as hereinafter set forth in this section, 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, 2012 to supplement appropriations from each respective fund available for personal service, other than personal service and fringe benefits, and to carry out the provisions of this act. Moreover, the amounts appropriated as non-personal service may be suballocated to any state department or agency as needed. The monies hereby appropriated are available for payment of any liabilities or obligations incurred prior to April 1, 2012 in addition to liabilities or obligations associated with the state fiscal year commencing April 1, 2012. For this purpose, these appropriations shall remain in full force and effect for the payment of liabilities incurred on or before April 1, 2012. 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 chairperson of the senate finance committee and the chairperson of the assembly ways and means committee. ALL STATE DEPARTMENTS AND AGENCIES General Fund / State Operations State Purposes Account 003 PERSONAL SERVICE Personal service - regular ................... 313,697,000 NONPERSONAL SERVICE Fringe benefits ............................... 23,008,000 Labor Management Committees ...................... 279,000
Employee assistance program ...................... 200,000 Joint committee on health benefits ............... 165,000 Contract administration .......................... 200,000 Employee Benefit Fund ............................ 779,000 Employee Training and Development ................ 159,000 Organizational alcoholism program ................ 156,000 Labor Management Training ........................ 100,000 Family Benefits .................................. 431,000 Legal Defense Fund ............................... 150,000 Special Revenue Federal Federal Operating Grants Fund PERSONAL SERVICE Personal service - regular ........................ 64,000 NONPERSONAL SERVICE Fringe benefits ................................... 33,000 S 16. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2009. REPEAL NOTE.--Paragraph g of subdivision 1 of section 130 of the civil service law, repealed by section one of this act, provided salary sched- ules for certain state employees who are members of the collective nego- tiating unit designated as security services who are employed by the state department of corrections and community supervision and are desig- nated as peace officers pursuant to section 2.10 of the criminal proce- dure law. They are replaced by revised salary schedules in a new para- graph g of subdivision 1 of section 130 of the civil service law.

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