Bill S7840-2013

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

Relates to compensation, benefits and other terms and conditions of employment of certain state officers and employees; makes an appropriation therefor.

Details

Actions

  • Jul 22, 2014: SIGNED CHAP.182
  • Jul 11, 2014: DELIVERED TO GOVERNOR
  • Jun 19, 2014: returned to senate
  • Jun 19, 2014: passed assembly
  • Jun 19, 2014: ordered to third reading rules cal.517
  • Jun 19, 2014: substituted for a10114
  • Jun 16, 2014: referred to ways and means
  • Jun 16, 2014: DELIVERED TO ASSEMBLY
  • Jun 16, 2014: PASSED SENATE
  • Jun 16, 2014: ORDERED TO THIRD READING CAL.1420
  • Jun 13, 2014: REFERRED TO RULES

Meetings

Calendars

Votes

Memo

BILL NUMBER:S7840

TITLE OF BILL: 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 therefor; and to repeal certain provisions of such law relating thereto

Purpose:

This bill implements the terms of a collective bargaining agreement ("the Agreement"), entered into pursuant to Article 14 of the Civil Service Law, between the Executive Branch of the State of New York and the employee organization representing members of the collective negotiating unit designated as the Rent Regulation Services Unit for the period April 2, 2011 to April 1, 2016.

Summary of Provisions:

Section 1 of this bill would repeal subparagraphs 1, 2, 3 and 4 of Civil Service Law § 130(1)(e) and replaces them with new subparagraphs 1, 2 and 3. Subparagraph 1 sets the salary schedule in effect on April 1, 2010, which will be the salary schedule in effect on April 1, 2011. Subparagraph 2 provides the salary schedule in effect on March 27, 2014 that includes the first collectively negotiated two percent general salary increase. Subparagraph 3 provides the salary schedule in effect on March 26, 2015 that includes the second collectively negotiated two percent general salary increase.

Section 2 of this bill would provide for increases in basic annual salary for covered members of the Rent Regulation Services Unit of: (a) two percent effective March 27, 2014; and (b) two percent effective March 26, 2015. This section provides that these increases will be paid on a pro-rated basis to otherwise eligible officers and employees who are paid on an hourly or per diem basis, or serving on a part-time or seasonal basis. It further authorizes performance advance payments to covered members of the Rent Regulation Services Unit in graded positions pursuant to the terms of the Agreement and Civil Service Law Section 131(6), and to non-statutory employees as authorized by the Director of the Budget. Finally, this section specifies that any increase in compensation may be withheld when, in the opinion of the Director of the Budget and the Director of Employee Relations, such increase is not warranted or appropriate.

Section 3 of the bill would continue existing location compensation for employees whose principal place of employment is located in New York City or the counties of Rockland, Westchester, Nassau and Suffolk at the annual rate of $3,026.

Section 4 of the bill would authorize contributions to employee dependent care advantage accounts in amounts and for the time periods specified by the Agreement.

Section 5 of the bill would provide for the payment and publication of grievance and arbitration settlements and awards pursuant to the Agreement.

Section 6 of the bill would provide that labor-management committees, created, continued and administered pursuant to the terms of the Agreement, will have responsibility for discussing and attempting to resolve matters of mutual concern and implementing any agreements reached.

Section 7 of the bill would require that, before any salary increase, salary deduction, salary reduction, benefit modification or any other modification to terms and conditions of employment provided by this bill, the Director of Employee Relations must submit a letter to the Director of the Budget and the State Comptroller certifying that the collectively negotiated agreement has been ratified by the membership.

Section 8 of the bill would authorize the State Comptroller to pay any amounts required by this bill during the fiscal year commencing April 1, 2014 for any state department or agency from any appropriation or other funds available to such state department or agency for personal service or for other related employee benefits during such fiscal year. To the extent that such appropriations in any fund are insufficient, the Director of the Budget is authorized to allocate to the various department and agencies, from any appropriations available in any fund, the amounts necessary to pay such amounts.

Section 9 of the bill would provide that employees who participate in a special annuity program under Article 8-C of the Education Law shall not suffer any reduction of the salary adjustment to which they are otherwise entitled under the program, as a result of an increase in compensation provided for in this bill.

Section 10 of the bill would authorize a lump sum payment for retroactive salary increases and compensation modifications; such lump sum payment shall be made as soon as practicable.

Section 11 of the bill would appropriate funding for personal and non-personal services, salary adjustments, and statewide labor-management committees in accordance with the terms of the Agreement.

Section 12 of the bill provides for an immediate effective date of this act, which shall be deemed to have been in full force and effect on and after April 2, 2011. Appropriations made by this chapter would remain in full force and effect for liabilities incurred through March 31, 2015.

Existing Law:

Civil Service Law § 130(1)(e) establishes the current salary schedules for members of the Rent Regulation Services Unit.

Statement in Support:

Enactment of this bill is necessary to implement the provisions of the collective bargaining agreement, negotiated by the Executive Branch of the State of New York with District Council 37, AFSCME, AFL-CIO, on behalf of members of the Rent Regulation Services Unit. The Agreement was ratified on June 11, 2014. The Agreement covers approximately 300

employees that administer the rent control and rent stabilization system for the State Division of Housing and Community Renewal.

The prior agreement governing these employees expired on April 1, 2011. The current Agreement covers the time period April 2, 2011, to April 1, 2016. Under Article 14 of the Civil Service Law, the Agreement is binding on all parties to it. This bill incorporates the terms of that Agreement related to salary increases, deductions and reductions, benefit modifications, and modifications to terms and conditions of employment and appropriates funds necessary to pay for it, in accordance with the State's obligations.

Budget Implications:

This bill would provide appropriations totaling approximately $454,000 (General Fund of approximately $339,000) to pay for the cost of the Agreement during the period April 2, 2011 to March 31, 2015.

Effective Date:

Immediately with provisions.


Text

STATE OF NEW YORK ________________________________________________________________________ 7840 IN SENATE June 13, 2014 ___________
Introduced by Sens. GOLDEN, SAVINO, LANZA -- (at request of the Gover- nor) -- read twice and ordered printed, and when printed to be commit- ted to the Committee on Rules 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 therefor; and to repeal certain provisions of such 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 e of subdivision 1 of section 130 of the civil service law are REPEALED and three new subparagraphs 1, 2 and 3 are added to read as follows: (1) EFFECTIVE APRIL FIRST, TWO THOUSAND TEN: SG HR STEP STEP STEP STEP STEP STEP JR INCR JR 1 2 3 4 5 6 INCR 1 22041 22785 23529 24273 25017 25761 26505 27249 744 744 2 22883 23663 24443 25223 26003 26783 27563 28343 780 780 3 24025 24840 25655 26470 27285 28100 28915 29730 815 815 4 25074 25937 26800 27663 28526 29389 30252 31115 863 863 5 26274 27178 28082 28986 29890 30794 31698 32602 904 904 6 27744 28683 29622 30561 31500 32439 33378 34317 939 939 7 29278 30263 31248 32233 33218 34203 35188 36173 985 985 8 30928 31951 32974 33997 35020 36043 37066 38089 1023 1023 9 32653 33722 34791 35860 36929 37998 39067 40136 1069 1069 10 34521 35642 36763 37884 39005 40126 41247 42368 1121 1121 11 36523 37700 38877 40054 41231 42408 43585 44762 1177 1177 12 38612 39830 41048 42266 43484 44702 45920 47138 1218 1218 13 40903 42177 43451 44725 45999 47273 48547 49821 1274 1274 14 43270 44596 45922 47248 48574 49900 51226 52552 1326 1326 15 45781 47163 48545 49927 51309 52691 54073 55455 1382 1382 16 48346 49792 51238 52684 54130 55576 57022 58468 1446 1446 17 51067 52595 54123 55651 57179 58707 60235 61763 1528 1528
18 51268 53027 54786 56545 58304 60063 61822 65190 1759 3368 19 54047 55879 57711 59543 61375 63207 65039 68637 1832 3598 20 56813 58727 60641 62555 64469 66383 68297 72076 1914 3779 21 59825 61819 63813 65807 67801 69795 71789 75862 1994 4073 22 63041 65119 67197 69275 71353 73431 75509 79819 2078 4310 23 66376 68538 70700 72862 75024 77186 79348 83954 2162 4606 24 69911 72159 74407 76655 78903 81151 83399 88256 2248 4857 25 73768 76111 78454 80797 83140 85483 87826 92974 2343 5148 26 77654 80091 82528 84965 87402 89839 92276 95713 2437 3437 27 81858 84425 86992 89559 92126 94693 97260 100827 2567 3567 28 86167 88834 91501 94168 96835 99502 102169 105836 2667 3667 29 90685 93452 96219 98986 101753 104520 107287 111054 2767 3767 30 95423 98293 101163 104033 106903 109773 112643 116513 2870 3870 31 100510 103489 106468 109447 112426 115405 118384 122363 2979 3979 32 105854 108931 112008 115085 118162 121239 124316 128393 3077 4077 (2) EFFECTIVE MARCH TWENTY-SEVENTH, TWO THOUSAND FOURTEEN: SG HR STEP STEP STEP STEP STEP STEP JR INCR JR 1 2 3 4 5 6 INCR 1 22482 23240 23998 24756 25514 26272 27030 27795 758 765 2 23341 24137 24933 25729 26525 27321 28117 28913 796 796 3 24506 25338 26170 27002 27834 28666 29498 30323 832 825 4 25575 26456 27337 28218 29099 29980 30861 31735 881 874 5 26799 27721 28643 29565 30487 31409 32331 33253 922 922 6 28299 29257 30215 31173 32131 33089 34047 35005 958 958 7 29864 30868 31872 32876 33880 34884 35888 36899 1004 1011 8 31547 32591 33635 34679 35723 36767 37811 38848 1044 1037 9 33306 34397 35488 36579 37670 38761 39852 40936 1091 1084 10 35211 36355 37499 38643 39787 40931 42075 43212 1144 1137 11 37253 38454 39655 40856 42057 43258 44459 45660 1201 1201 12 39384 40626 41868 43110 44352 45594 46836 48078 1242 1242 13 41721 43020 44319 45618 46917 48216 49515 50814 1299 1299 14 44135 45488 46841 48194 49547 50900 52253 53606 1353 1353 15 46697 48107 49517 50927 52337 53747 55157 56567 1410 1410 16 49313 50788 52263 53738 55213 56688 58163 59638 1475 1475 17 52088 53646 55204 56762 58320 59878 61436 63001 1558 1565 18 52293 54087 55881 57675 59469 61263 63057 66494 1794 3437 19 55128 56997 58866 60735 62604 64473 66342 70013 1869 3671 20 57949 59901 61853 63805 65757 67709 69661 73519 1952 3858 21 61022 63056 65090 67124 69158 71192 73226 77376 2034 4150 22 64302 66421 68540 70659 72778 74897 77016 81415 2119 4399 23 67704 69909 72114 74319 76524 78729 80934 85635 2205 4701 24 71309 73602 75895 78188 80481 82774 85067 90020 2293 4953 25 75243 77633 80023 82413 84803 87193 89583 94834 2390 5251 26 79207 81692 84177 86662 89147 91632 94117 97627 2485 3510 27 83495 86113 88731 91349 93967 96585 99203 102844 2618 3641 28 87890 90610 93330 96050 98770 101490 104210 107953 2720 3743 29 92499 95322 98145 100968 103791 106614 109437 113275 2823 3838 30 97331 100259 103187 106115 109043 111971 114899 118843 2928 3944 31 102520 105558 108596 111634 114672 117710 120748 124810 3038 4062 32 107971 111110 114249 117388 120527 123666 126805 130961 3139 4156 (3) EFFECTIVE MARCH TWENTY-SIXTH, TWO THOUSAND FIFTEEN: SG HR STEP STEP STEP STEP STEP STEP JR INCR JR 1 2 3 4 5 6 INCR
1 22932 23706 24480 25254 26028 26802 27576 28350 774 774 2 23808 24619 25430 26241 27052 27863 28674 29492 811 818 3 24996 25844 26692 27540 28388 29236 30084 30932 848 848 4 26087 26985 27883 28781 29679 30577 31475 32373 898 898 5 27335 28275 29215 30155 31095 32035 32975 33915 940 940 6 28865 29842 30819 31796 32773 33750 34727 35704 977 977 7 30461 31486 32511 33536 34561 35586 36611 37636 1025 1025 8 32178 33243 34308 35373 36438 37503 38568 39626 1065 1058 9 33972 35084 36196 37308 38420 39532 40644 41756 1112 1112 10 35915 37081 38247 39413 40579 41745 42911 44077 1166 1166 11 37998 39223 40448 41673 42898 44123 45348 46573 1225 1225 12 40172 41439 42706 43973 45240 46507 47774 49041 1267 1267 13 42555 43880 45205 46530 47855 49180 50505 51830 1325 1325 14 45018 46398 47778 49158 50538 51918 53298 54678 1380 1380 15 47631 49069 50507 51945 53383 54821 56259 57697 1438 1438 16 50299 51803 53307 54811 56315 57819 59323 60834 1504 1511 17 53130 54719 56308 57897 59486 61075 62664 64260 1589 1596 18 53339 55169 56999 58829 60659 62489 64319 67827 1830 3508 19 56231 58137 60043 61949 63855 65761 67667 71412 1906 3745 20 59108 61099 63090 65081 67072 69063 71054 74986 1991 3932 21 62242 64316 66390 68464 70538 72612 74686 78922 2074 4236 22 65588 67750 69912 72074 74236 76398 78560 83044 2162 4484 23 69058 71307 73556 75805 78054 80303 82552 87351 2249 4799 24 72735 75074 77413 79752 82091 84430 86769 91821 2339 5052 25 76748 79186 81624 84062 86500 88938 91376 96732 2438 5356 26 80791 83326 85861 88396 90931 93466 96001 99580 2535 3579 27 85165 87835 90505 93175 95845 98515 101185 104901 2670 3716 28 89648 92422 95196 97970 100744 103518 106292 110112 2774 3820 29 94349 97228 100107 102986 105865 108744 111623 115541 2879 3918 30 99278 102264 105250 108236 111222 114208 117194 121220 2986 4026 31 104570 107669 110768 113867 116966 120065 123164 127306 3099 4142 32 110130 113332 116534 119736 122938 126140 129342 133580 3202 4238 S 2. 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 rent regulation services negotiating unit. 2. Effective March 27, 2014, 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. Effective March 26, 2015, 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. 4. Notwithstanding the provisions of subdivisions two and three 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, job rate, or step 1, 2, 3, 4, 5, or 6 of the salary grade of his or her position on the effective dates of the increases provided in these subdivisions, such basic annual salary shall be increased to the hiring rate, step 1, 2, 3, 4, 5, 6, or job rate, respectively, of such salary grade as contained in the appropriate salary schedules in subpar- agraphs 2 and 3 of paragraph e 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 subparagraphs 2 and 3 of such paragraph, respectively. The increases in basic annual salary provided by this
subdivision shall be in lieu of any increase in basic annual salary provided for in subdivisions two and three of this section. 5. Advancement within salary grade. Payments pursuant to the provisions of subdivision 6 of section 131 of the civil service law for 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 in the collective negotiating unit designated as the rent regulation services negotiating unit. 6. If an unencumbered position is one which if encumbered, would be subject to the provisions of this section, the salary of such position shall be increased by the salary increase amounts specified in this section. If a position is created, and filled by the appointment of an officer or employee who is subject to the provisions of this section, the salary otherwise provided for such position shall be increased in the same manner as though such position had been in existence but 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. 7. The increases in salary provided in subdivisions two and three 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 four and five of this section shall not apply to employees serving on a seasonal basis, except as determined by the director of the budget. 8. In order to provide for the officers and employees to whom this section applies who are not allocated to salary grades, increases and payments pursuant to subdivision five 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 appro- priate adjustments and/or payments to the compensation which such offi- cers and employees are otherwise entitled to receive. The director of the budget shall issue certificates which shall contain schedules of positions and the salaries and/or payments thereof for which adjustments and/or payments are made pursuant to the provisions of this subdivision, and a copy of each such certificate shall be filed with the state comp- troller, the state department of civil service, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. 9. Notwithstanding any of the foregoing provisions of this section, the provisions of this section shall not apply to officers or employees paid on a fee schedule basis. 10. Notwithstanding any of the foregoing provisions of this section except subdivision 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 subdivi- sion shall be determined on the basis of such lower graded position provided, however, that the increases in salary provided in subdivisions two and three of this section shall not cause such officer's or employ- ee's salary to exceed the job rate of such lower graded position. 11. Notwithstanding any of the foregoing provisions 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 budg- et and the director of employee relations, such increase is not warranted or is not appropriate for any reason. S 3. Location compensation for certain state officers and employees in collective negotiating units. Notwithstanding any inconsistent provisions of law, officers and employees, 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 rent regulation services negotiating unit, whose principal place of employ- ment or, in the case of a field employee, whose official station as determined in accordance with the regulations of the comptroller, is located in the city of New York, or in the county of Rockland, Westches- ter, Nassau or Suffolk shall continue to receive a downstate adjustment at the annual rate of three thousand twenty-six dollars. Such location payments shall be in addition to and shall not be a part of an officer's or employee's basic annual salary, and shall not affect or impair any performance advancements or other rights or benefits to which an officer or employee may be entitled by law, provided, however, that location payments shall be included as compensation for purposes of computation of overtime pay and for retirement purposes. S 4. Notwithstanding any inconsistent provision 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 rent regulation services negotiating unit, 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 5. 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 31 and 33 of the collective negotiating agreement between the state and the employee organization representing the collective negotiating unit designated as the rent regulation services negotiating unit. S 6. During the period April 2, 2011 through April 1, 2016, there shall be labor-management committees continued, administered and created pursuant to the terms of the agreement negotiated between the state and an employee organization representing employees in the collective nego- tiating unit designated as the rent regulation services negotiating unit established pursuant to article 14 of the civil service law which shall, after April 2, 2011, have the responsibility for discussing and attempt- ing to resolve matters of mutual concern and implementing any agreements reached. S 7. The salary increases, salary deductions, salary reductions, bene- fit modifications, and any other modifications to the terms and condi- tions of employment provided for by this act for state employees in the collective negotiating unit designated as the rent regulations services negotiating 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 negotiat- ing unit a collectively negotiated agreement, ratified by the member- ship, which provides for such increases, deductions, reductions and modifications and which are fully executed in writing with the state pursuant to article 14 of the civil service law. S 8. Use of appropriations. The comptroller is authorized to pay any amounts required during the fiscal year commencing April 1, 2014 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 9. 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 10. Deferred payment of salary increase. Notwithstanding the provisions of any other section of this act, or any other law, 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 positions. An incumbent holding a position subject to this act at any time during the period from April 1, 2014, 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 services and the compensation actually received therefor. Such lump sum payment shall be made as soon as practicable. S 11. Notwithstanding any provision of the state finance law or any other provision of law to the contrary, the several amounts as herein- after 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, 2014 to supplement appropriations from each respective fund available for personal service, other than personal service and fringe benefits, and to carry out the provisions of this act. No money shall be available for expenditure from this appropriation until a certificate of approval has been issued by the director of the budget and a copy of such certificate or any amend- ment thereto has been filed with the state comptroller, the chair of the senate finance committee and the chair of the assembly ways and means committee. ALL STATE DEPARTMENTS AND AGENCIES SPECIAL PAY BILLS General Fund - State Purposes Account
Non-Personal Service Fringe Benefits .................................... 6,000 Family Benefits ................................... 41,000 Committee on health benefits ...................... 21,000 Employee assistance program ....................... 14,000 Employee development and training ................ 242,000 Contract Administration ............................ 3,000 Statewide Performance Rating Committee ............. 4,000 Time & Attendance Umpire Process Admin ............. 4,000 Disciplinary Panel Administration .................. 4,000 Special Revenue Funds - Other Miscellaneous Special Revenue Fund - 339 Personal Service Personal Service .................................. 72,000 Non-Personal Service Non-Personal Service .............................. 43,000 S 12. 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, 2015. REPEAL NOTE--Subparagraphs 1, 2, 3 and 4 of paragraph e of subdivision 1 of section 130 of the civil service law, repealed by section one of this act, provided salary schedules for state employees in the rent regulation services negotiating unit and is replaced by revised salary schedules in new subparagraphs 1, 2 and 3.

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