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

                                  7845

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sens.  BONACIC,  MARTINS,  SAVINO  -- (at request of the
  Office of Court Administration) -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT in relation to terms and  conditions  of  employment  of  certain
  nonjudicial officers and employees of the unified court system

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

  Section 1. Legislative findings. The legislature finds that a  collec-
tive  bargaining  agreement  has  been  negotiated  by the unified court
system with an employee organization representing  nonjudicial  officers
and  employees  in  the state judiciary negotiating unit. The purpose of
this act is  to  implement  this  agreement  and  any  other  collective
bargaining  agreement  negotiated  by  the  unified court system with an
employee organization where, pursuant to section seven hereof, the chief
administrator of the courts has delivered a  certificate  to  the  comp-
troller  that  such collective bargaining agreement is in effect; and to
provide increases in compensation for nonjudicial officers and employees
of the unified court system not in collective negotiating units.  Refer-
ences in this act to the unified court system's classification structure
shall  mean the classification structure established by the chief admin-
istrator of the courts on May 28, 1979,  as  amended  since  that  date.
References  to  the  April,  2010  salary schedule shall mean the salary
schedule promulgated by the chief administrator of the  courts  pursuant
to  subdivision  (d)  of  section  2 of chapter 276 of the laws of 2008.
References to the October, 2014 salary schedule, the April, 2015  salary
schedule and the April, 2016 salary schedule shall mean the salary sche-
dules  promulgated  by  the chief administrator pursuant to subdivisions
(a), (b) and (c) of section two of this act, respectively.
  S 2. Salary schedules. The chief administrator  of  the  courts  shall
promulgate salary schedules, as follows:
  (a) Effective October 1, 2014, each of the rates of pay established by
the April, 2010 salary schedule shall be increased as follows:
  (1)  the  maximum  rate for each grade shall be increased by an amount
equal to 2 percent thereof (and then rounded up to the nearest dollar);

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

                                                           LBD15587-02-4

S. 7845                             2

  (2) the amount of the increment for each grade shall equal one-seventh
of the difference (rounded up to the nearest dollar) between the maximum
rate for such grade, as increased by paragraph (1) of this  subdivision,
and  102  percent  of  the hiring rate for such grade on the April, 2010
salary schedule (rounded up to the nearest dollar);
  (3)  the  hiring,  first,  second, third, fourth, fifth and sixth year
rates of compensation for each grade shall equal the  maximum  rate  for
such  grade, as increased by paragraph (1) of this subdivision, minus 7,
6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as
increased by paragraph (2) of this subdivision, respectively;
  (4) the longevity rate for each grade shall equal the maximum rate for
such grade, as increased by paragraph (1) of this subdivision, plus  the
amount of the increment for such grade; and
  (5)  the extra-longevity rate for each grade shall equal the longevity
rate for such grade, as increased by paragraph (4) of this  subdivision,
plus the amount of the increment for such grade.
  (b)  Effective  April 1, 2015, each of the rates of pay established by
the October, 2014  salary schedule shall be increased as follows:
  (1) the maximum rate for each grade shall be increased  by  an  amount
equal to 2 percent thereof (and then rounded up to the nearest dollar);
  (2) the amount of the increment for each grade shall equal one-seventh
of the difference (rounded up to the nearest dollar) between the maximum
rate  for such grade, as increased by paragraph (1) of this subdivision,
and 102 percent of the hiring rate for such grade on the  October,  2014
salary schedule (rounded up to the nearest dollar);
  (3)  the  hiring,  first,  second, third, fourth, fifth and sixth year
rates of compensation for each grade shall equal the  maximum  rate  for
such  grade, as increased by paragraph (1) of this subdivision, minus 7,
6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as
increased by paragraph (2) of this subdivision, respectively;
  (4) the longevity rate for each grade shall equal the maximum rate for
such grade, as increased by paragraph (1) of this subdivision, plus  the
amount of the increment for such grade; and
  (5)  the extra-longevity rate for each grade shall equal the longevity
rate for such grade, as increased by paragraph (4) of this  subdivision,
plus the amount of the increment for such grade.
  (c)  Effective  April 1, 2016, each of the rates of pay established by
the April, 2015 salary schedule, excluding the longevity and  extra-lon-
gevity  rates  for  each  grade  on such schedule, shall be increased as
follows:
  (1) the maximum rate for each grade shall be increased  by  an  amount
equal to 2 percent thereof (and then rounded up to the nearest dollar);
  (2) the amount of the increment for each grade shall equal one-seventh
of the difference (rounded up to the nearest dollar) between the maximum
rate  for such grade, as increased by paragraph (1) of this subdivision,
and 102 percent of the hiring rate for such grade  on  the  April,  2015
salary schedule (rounded up to the nearest dollar); and
  (3)  the  hiring,  first,  second, third, fourth, fifth and sixth year
rates of compensation for each grade shall equal the  maximum  rate  for
such  grade, as increased by paragraph (1) of this subdivision, minus 7,
6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as
increased by paragraph (2) of this subdivision, respectively;
Also effective on such date, there shall be no longevity and  extra-lon-
gevity rates for each grade.
  S 3. Increases in compensation for persons in allocated positions.

S. 7845                             3

  (a) Each nonjudicial officer and employee of the unified court system,
in  a position allocated to a salary grade in the unified court system's
classification structure that is not in any collective negotiating  unit
established  pursuant  to article 14 of the civil service law or that is
in the state judiciary unit, or in any other collective negotiating unit
of nonjudicial officers and employees of the unified court system where,
pursuant  to  section  seven of this act, the chief administrator of the
courts has delivered to the comptroller a certificate that  an  employee
organization  representing  nonjudicial  officers  and employees in such
unit has negotiated a collective bargaining agreement with  the  unified
court  system that is in effect, shall receive increased compensation in
accordance with this section. Longevity payments, bonuses and  increases
to  basic  annual salary, as provided in this section, shall be prorated
for any nonjudicial officer or employee whose position is part-time,  or
who  otherwise  works part-time, and who is eligible, under the rules of
the chief judge of the state or an agreement between the  state  and  an
employee  organization pursuant to the provisions of article fourteen of
the civil service law, to accrue annual and sick leave credits.  Longev-
ity  payments  and bonuses as provided in this section shall be in addi-
tion to and shall not be a part of an employee's  basic  annual  salary;
provided, however, they shall be included as compensation for retirement
purposes. For purposes of this section:
  (i) no nonjudicial officer or employee shall receive a full or partial
increment or longevity payment or bonus hereunder unless he or she shall
have received other than an unsatisfactory performance rating for his or
her  services  during  the  year  immediately  preceding  pursuant  to a
performance evaluation system set forth by the chief administrator or in
an agreement specified in section one of this act, nor shall any  nonju-
dicial  officer  or  employee  receive  a bonus provided in this section
where he or she, as of the date on which this act becomes a law, already
has received that bonus pursuant to law other than a provision  of  this
act;
  (ii)  any  full or partial increment received by a nonjudicial officer
or employee effective April 1, 2011, April 1, 2012,  April  1,  2013  or
April 1, 2014, pursuant to law other than a provision of this act, shall
not be considered when determining:
  (A) a nonjudicial officer or employee's basic annual salary on a spec-
ified date; and
  (B) whether a nonjudicial officer or employee is eligible to receive a
full  or partial increment of the grade of his or her position on any of
such dates pursuant to a provision of this act;
  (iii) service in the employ of the unified  court  system  shall  mean
service  as  a  nonjudicial officer or employee in one or more courts or
agencies of the unified court system. In order for a nonjudicial officer
or employee's years of service in the employ of the unified court system
to be "continuous," he or she must have served  the  equivalent  of  120
workdays  in  each  of  those years; and the number of years required to
qualify for a longevity  payment  or  bonus  hereunder  must  be  served
consecutively  except that they may be interrupted by one or more breaks
of not more than 1 year each, attributable to a period of  time  between
any  separation  from  his  or her position in the employ of the unified
court system and resumption of service in such employ.
  (b) Effective April 1, 2011:
  (1) Each such nonjudicial officer and  employee  who  is  eligible  to
receive  a full or partial increment of the grade of his or her position
in accordance with provisions of the judiciary law  shall  receive  such

S. 7845                             4

full  or  partial  increment,  to  be  determined in accordance with the
April, 2010 salary schedule.
  (2)  Each  such  nonjudicial officer and employee in the employ of the
unified court system having at least 20 years of continuous  service  in
the  employ  of  the  unified  court system as of the preceding March 31
shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less
than 25 years of such service as of such date; or (ii) 2,000 dollars, if
he or she has at least 25 but less than 30 years of such service  as  of
such date; or (iii) 2,100 dollars, if he or she has at least 30 years of
such service as of such date.
  (c) Effective April 1, 2012:
  (1)  Each  such  nonjudicial  officer  and employee who is eligible to
receive a full or partial increment of the grade of his or her  position
in  accordance  with  provisions of the judiciary law shall receive such
full or partial increment, to  be  determined  in  accordance  with  the
April, 2010 salary schedule.
  (2)  Each  such  nonjudicial officer and employee in the employ of the
unified court system having at least 20 years of continuous  service  in
the  employ  of  the  unified  court system as of the preceding March 31
shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less
than 25 years of such service as of such date; or (ii) 2,000 dollars, if
he or she has at least 25 but less than 30 years of such service  as  of
such date; or (iii) 2,100 dollars, if he or she has at least 30 years of
such service as of such date.
  (d) Effective April 1, 2013:
  (1)  Each  such  nonjudicial  officer  and employee who is eligible to
receive a full or partial increment of the grade of his or her  position
in  accordance  with  provisions of the judiciary law shall receive such
full or partial increment, to  be  determined  in  accordance  with  the
April, 2010 salary schedule.
  (2)  Each  such  nonjudicial officer and employee in the employ of the
unified court system having at least 20 years of continuous  service  in
the  employ  of  the  unified  court system as of the preceding March 31
shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less
than 25 years of such service as of such date; or (ii) 2,000 dollars, if
he or she has at least 25 but less than 30 years of such service  as  of
such date; or (iii) 2,100 dollars, if he or she has at least 30 years of
such service as of such date.
  (e) Effective April 1, 2014:
  (1)  Each  such  nonjudicial  officer  and employee who is eligible to
receive a full or partial increment of the grade of his or her  position
in  accordance  with  provisions of the judiciary law shall receive such
full or partial increment, to  be  determined  in  accordance  with  the
April, 2010 salary schedule.
  (2)  Each  such  nonjudicial officer and employee in the employ of the
unified court system having at least 20 years of continuous  service  in
the  employ  of  the  unified  court system as of the preceding March 31
shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less
than 25 years of such service as of such date; or (ii) 2,000 dollars, if
he or she has at least 25 but less than 30 years of such service  as  of
such date; or (iii) 2,100 dollars, if he or she has at least 30 years of
such service as of such date.
  (f)  Effective  October  1,  2014,  each  such nonjudicial officer and
employee shall be placed in his or her grade on the October, 2014 salary
schedule in the manner provided as follows:

S. 7845                             5

  (1) If his or her basic annual salary under  the  April,  2010  salary
schedule  is  identical  with the hiring, first year, second year, third
year, fourth year, fifth year, sixth year, maximum, longevity or  extra-
longevity rate of compensation of the grade of his or her position, that
basic  annual  salary  shall  be  increased to the corresponding rate of
compensation in such grade as established by the  October,  2014  salary
schedule; or
  (2)  If  his  or  her basic annual salary under the April, 2010 salary
schedule is not identical with the  hiring,  first  year,  second  year,
third  year,  fourth year, fifth year, sixth year, maximum, longevity or
extra-longevity rate of compensation of the grade of his  or  her  posi-
tion,  that basic annual salary shall be increased by an amount equaling
2 percent thereof (and then rounded up to the nearest dollar).
  (g) Effective April 1, 2015:
  (1) Each such nonjudicial officer and  employee  who  is  eligible  to
receive  a full or partial increment of the grade of his or her position
in accordance with provisions of the judiciary law  shall  receive  such
full or partial increment, to be determined in accordance with the Octo-
ber, 2014 salary schedule.
  (2)  Each such nonjudicial officer and employee shall be placed in his
or her grade on the April, 2015 salary schedule in the  manner  provided
as follows:
  (i)  If  his or her basic annual salary under the October, 2014 salary
schedule, including any increase  pursuant  to  paragraph  (1)  of  this
subdivision,  is  identical  with  the  hiring, first year, second year,
third year, fourth year, fifth year, sixth year, maximum,  longevity  or
extra-longevity  rate  of  compensation of the grade of his or her posi-
tion, that basic annual salary shall be increased to  the  corresponding
rate  of  compensation  in  such grade as established by the April, 2015
salary schedule; or
  (ii) If his or her basic annual salary under the October, 2014  salary
schedule,  including  any  increase  pursuant  to  paragraph (1) of this
subdivision, is not identical with the hiring, first year, second  year,
third  year,  fourth year, fifth year, sixth year, maximum, longevity or
extra-longevity rate of compensation of the grade of his  or  her  posi-
tion,  that basic annual salary shall be increased by an amount equaling
2 percent thereof (and then rounded up to the nearest dollar).
  (3) Each such nonjudicial officer and employee in the  employ  of  the
unified  court  system having at least 20 years of continuous service in
the employ of the unified court system as  of  the  preceding  March  31
shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less
than 25 years of such service as of such date; or (ii) 2,000 dollars, if
he  or  she has at least 25 but less than 30 years of such service as of
such date; or (iii) 2,100 dollars, if he or she has at least 30 years of
such service as of such date.
  (h) Effective April 1, 2016:
  (1) Each such nonjudicial officer and  employee  who  is  eligible  to
receive  a full or partial increment of the grade of his or her position
in accordance with provisions of the judiciary law  shall  receive  such
full  or  partial  increment,  to  be  determined in accordance with the
April, 2015 salary schedule.
  (2) Each such nonjudicial officer and employee shall be placed in  his
or  her  grade on the April, 2016 salary schedule in the manner provided
as follows:
  (i) If his or her basic annual salary under  the  April,  2015  salary
schedule,  including  any  increase  pursuant  to  paragraph (1) of this

S. 7845                             6

subdivision, is identical with the  hiring,  first  year,  second  year,
third  year,  fourth  year,  fifth  year,  sixth year or maximum rate of
compensation of the grade of his or  her  position,  that  basic  annual
salary  shall  be increased to the corresponding rate of compensation in
such grade as established by the April, 2016 salary schedule; or
  (ii) If his or her basic annual salary under the  April,  2015  salary
schedule,  including  any  increase  pursuant  to  paragraph (1) of this
subdivision, is not identical with the hiring, first year, second  year,
third  year,  fourth  year,  fifth  year,  sixth year or maximum rate of
compensation of the grade of his or  her  position,  that  basic  annual
salary  shall  be increased by an amount equaling 2 percent thereof (and
then rounded up to the nearest dollar).
  (i) Effective April 1, 2016 and each April  1  thereafter,  each  such
nonjudicial  officer  and  employee  in  the employ of the unified court
system who has completed at least 4 years of  continuous  service  at  a
basic annual salary rate equal to or higher than the maximum rate of the
employee's  salary  grade  as of the preceding March 31 shall receive an
annual longevity payment equaling: (i) 2,250 dollars, if he or  she  has
completed  less  than  8  years of such service as of such date; or (ii)
4,600 dollars, if he or she has completed at least 8 but  less  than  13
years  of such service as of such date; or (iii) 6,900 dollars, if he or
she has completed at least 13 years of such service as of such date.
  (j) Effective March  31,  2017,  each  such  nonjudicial  officer  and
employee  in the employ of the unified court system shall receive a one-
time lump sum payment of 750 dollars, which shall not be added to his or
her basic annual salary  but  shall  be  included  as  compensation  for
retirement purposes.
  S 4. Increases in compensation for persons in unallocated positions.
  (a)  Each  nonjudicial officer or employee of the unified court system
to whom the provisions of section three of this act would apply but  for
the  fact  that  he  or  she holds a position that is not allocated to a
salary grade in the  unified  court  system's  classification  structure
shall  receive  increased  compensation in accordance with this section.
Bonuses and increases to  basic  annual  salary,  as  provided  in  this
section, shall be prorated for any nonjudicial officer or employee whose
position  is  part-time,  or  who  otherwise works part-time, and who is
eligible, under rules of the chief judge of the state  or  an  agreement
between   the  state  and  an  employee  organization  pursuant  to  the
provisions of article 14 of the civil service law to accrue  annual  and
sick  leave  credits.  Bonuses  as  provided in this section shall be in
addition to and shall not be a part of an employee's basic annual  sala-
ry;  provided,  however,  they  shall  be  included  as compensation for
retirement purposes. For purposes of this section:
  (1) no nonjudicial officer or employee shall receive a bonus hereunder
unless he or she  shall  have  received  other  than  an  unsatisfactory
performance  rating  for his or her services during the year immediately
preceding pursuant to a performance evaluation system set forth  by  the
chief  administrator  of  the  courts  or  in  an agreement specified in
section one of this act, nor shall any nonjudicial officer  or  employee
receive a bonus provided in this section where he or she, as of the date
on  which this act becomes a law, already has received that bonus pursu-
ant to law other than a provision of this act; and
  (2) service in the employ of  the  unified  court  system  shall  mean
service  as  a  nonjudicial officer or employee in one or more courts or
agencies of the unified court system. In order for a nonjudicial officer
or employee's years of service in the employ of the unified court system

S. 7845                             7

to be "continuous," he or she must have served  the  equivalent  of  120
workdays  in  each  of  those years; and the number of years required to
qualify for a bonus hereunder must be served consecutively  except  that
they  may  be  interrupted by one or more breaks of not more than 1 year
each, attributable to a period of time between any separation  from  his
or her position in the employ of the unified court system and resumption
of service in such employ.
  (b) Effective April 1, 2011, each such nonjudicial officer and employ-
ee in the employ of the unified court system having at least 20 years of
continuous  service  in the employ of the unified court system as of the
preceding March 31 shall receive a bonus equaling: (i) 1,900 dollars, if
he or she has less than 25 years of such service as  of  such  date;  or
(ii)  2,000 dollars, if he or she has at least 25 but less than 30 years
of such service as of such date; or (iii) 2,100 dollars, if  he  or  she
has at least 30 years of such service as of such date.
  (c) Effective April 1, 2012, each such nonjudicial officer and employ-
ee in the employ of the unified court system having at least 20 years of
continuous  service  in the employ of the unified court system as of the
preceding March 31 shall receive a bonus equaling: (i) 1,900 dollars, if
he or she has less than 25 years of such service as  of  such  date;  or
(ii)  2,000 dollars, if he or she has at least 25 but less than 30 years
of such service as of such date; or (iii) 2,100 dollars, if  he  or  she
has at least 30 years of such service as of such date.
  (d) Effective April 1, 2013, each such nonjudicial officer and employ-
ee in the employ of the unified court system having at least 20 years of
continuous  service  in the employ of the unified court system as of the
preceding March 31 shall receive a bonus equaling: (i) 1,900 dollars, if
he or she has less than 25 years of such service as  of  such  date;  or
(ii)  2,000 dollars, if he or she has at least 25 but less than 30 years
of such service as of such date; or (iii) 2,100 dollars, if  he  or  she
has at least 30 years of such service as of such date.
  (e) Effective April 1, 2014, each such nonjudicial officer and employ-
ee in the employ of the unified court system having at least 20 years of
continuous  service  in the employ of the unified court system as of the
preceding March 31 shall receive a bonus equaling: (i) 1,900 dollars, if
he or she has less than 25 years of such service as  of  such  date;  or
(ii)  2,000 dollars, if he or she has at least 25 but less than 30 years
of such service as of such date; or (iii) 2,100 dollars, if  he  or  she
has at least 30 years of such service as of such date.
  (f)  Effective  October  1, 2014, the basic annual salary of each such
nonjudicial officer and employee shall be increased by an  amount  equal
to 2 percent thereof (and then rounded up to the nearest dollar).
  (g) Effective April 1, 2015:
  (1)  The  basic  annual  salary  of  each such nonjudicial officer and
employee shall be increased by an amount equal to 2 percent thereof (and
then rounded up to the nearest dollar).
  (2) Each such nonjudicial officer and employee in the  employ  of  the
unified  court  system having at least 20 years of continuous service in
the employ of the unified court system as  of  the  preceding  March  31
shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less
than 25 years of such service as of such date; or (ii) 2,000 dollars, if
he  or  she has at least 25 but less than 30 years of such service as of
such date; or (iii) 2,100 dollars, if he or she has at least 30 years of
such service as of such date.

S. 7845                             8

  (h) Effective April 1, 2016, the basic  annual  salary  of  each  such
nonjudicial  officer  and employee shall be increased by an amount equal
to 2 percent thereof (and then rounded up to the nearest dollar).
  (i)  Effective  March  31,  2017,  each  such  nonjudicial officer and
employee in the employ of the unified court system shall receive a  one-
time lump sum payment of 750 dollars, which shall not be added to his or
her  basic  annual  salary  but  shall  be  included as compensation for
retirement purposes.
  S 5. Location pay. (a) Notwithstanding any other provision of law:
  (1) Effective during the fiscal year  commencing  April  1,  2011  and
during each fiscal year commencing each April 1 thereafter, any nonjudi-
cial officer or employee to whom the provisions of section three or four
of this act apply and whose principal place of employment is in the city
of  New  York  or  Nassau, Suffolk, Rockland or Westchester county shall
receive location pay at a rate of 3,697 dollars annually;
  (2) Effective during the fiscal year  commencing  April  1,  2011  and
during each fiscal year commencing each April 1 thereafter, any nonjudi-
cial officer or employee to whom the provisions of section three or four
of  this  act apply and whose principal place of employment is in Dutch-
ess, Putnam or Orange county shall receive location pay  at  a  rate  of
1,848 dollars annually; and
  (3)  Effective  during  the  fiscal  year commencing April 1, 2011 and
during each fiscal year commencing each April 1 thereafter, any nonjudi-
cial officer or employee to whom the provisions of section three or four
of this act apply and whose principal place of employment is  in  Monroe
county  and  who,  on  March 31, 1985, was receiving annual location pay
shall continue to receive location pay, at a rate of 200 dollars annual-
ly.
  (b) The location pay provided in this section shall be in lieu of  any
other  location  pay  provided  by law; except that, where a nonjudicial
officer or employee eligible to receive location  pay  pursuant  to  the
provisions  of  this  section  has received location pay during a fiscal
year commencing on or after April 1, 2011, pursuant to law other than  a
provision  of  this  act,  the amount of location pay authorized by this
section shall be reduced by the amount of  the  location  pay  that  was
received.
  (c) Except as provided in subdivision (a) of this section, no nonjudi-
cial officer or employee to whom the provisions of section three or four
of  this  act apply shall receive location pay. Any location pay author-
ized hereunder shall be in addition to and shall not be  a  part  of  an
employee's  basic  annual salary and shall not impair rights or benefits
to which an employee may be entitled by  law;  provided,  however,  that
location  pay shall be included as compensation for purposes of computa-
tion of overtime pay and  for  retirement  purposes.  Location  pay,  as
provided  in this section, shall be prorated for any nonjudicial officer
or employee to whom the provisions of section three or four of this  act
apply and whose position is part-time, but not compensated on a per diem
or hourly basis.
  S  6. Contingent pay withholding. (a) This section shall apply only in
the fiscal years commencing April 1, 2015 and April 1, 2016.
  (b) In the event that all of the  itemized  estimates  of  the  annual
financial  needs  of the unified court system for a fiscal year to which
this section applies, as transmitted to the governor in accordance  with
section 1 of article 7 of the constitution, do not become law, the chief
administrator of the courts may direct that, notwithstanding subdivision
1  of section 200 of the state finance law or any other provision of law

S. 7845                             9

to the contrary, in each of the  last  four  bi-weekly  payroll  periods
commencing  during such fiscal year up to one-half day's salary or wages
shall be withheld from each nonjudicial officer and employee to whom the
provisions  of  section three or four of this act apply. Where the chief
administrator directs that salary or wages be withheld  hereunder,  each
portion  of a day's salary or wages so withheld from a nonjudicial offi-
cer or employee shall thereafter be paid to him or her when  he  or  she
leaves  service in the employ of the unified court system, as defined in
paragraph (iii) of subdivision (a) of section  three  of  this  act,  at
rates then in effect.
  (c)  Any  direction by the chief administrator pursuant to subdivision
(b) of this section that salary or wages be withheld must be reported to
the comptroller not later than January 15 of the fiscal  year  in  which
such withholding will occur, with prior notice to the employee organiza-
tion that represents affected nonjudicial officers and employees.
  S  7. Application of this act to nonjudicial officers and employees of
the unified court system in other negotiating units. In the event  that,
on  or  after the date on which this section shall become law, a collec-
tive bargaining agreement is negotiated  by  the  unified  court  system
pursuant  to  article fourteen of the civil service law with an employee
organization representing nonjudicial  officers  and  employees  of  the
unified  court system in a negotiating unit other than the state negoti-
ating unit, the chief administrator of the courts, with the agreement of
such employee organization, shall deliver to the comptroller  a  certif-
icate  that  such collective bargaining agreement is in effect where the
provisions of sections three,  four,  five  and  six  of  this  act  are
provided for therein.
  S  8.  Collective  bargaining  agreement  required.  The provisions of
sections three, four, five and six of this act shall not be  implemented
for  nonjudicial officers and employees in a collective negotiating unit
established pursuant to article fourteen of the civil service law  until
the chief administrator of the courts shall deliver to the comptroller a
certificate  that  there  is  in effect with respect to such negotiating
unit a written collective bargaining agreement with the  state  pursuant
to  article  fourteen  of the civil service law which provides therefor;
and any increase in compensation, including increases  in  basic  annual
salary, increments or partial increments, bonuses, lump sum payments, or
longevity  payments,  provided  by sections three, four and five of this
act or otherwise authorized by law:
  (a) may be withheld in whole or in part from any  nonjudicial  officer
or  employee not in a collective negotiating unit when in the opinion of
the chief administrator, such increase is not warranted or is not appro-
priate; and
  (b) shall not preclude any other increases in compensation for such  a
nonjudicial officer or employee as may be authorized by law.
  S  9.  Date  of  entitlement  to  salary increase. Notwithstanding the
provisions of this act or any other law,  each  increase  in  salary  or
compensation  for nonjudicial officers or employees provided by this act
shall be added to the salary or compensation of such officer or employee
at the beginning of the payroll period the first day of which is nearest
to the effective  date  of  such  increase  as  provided  in  this  act;
provided,  however,  for  the purposes of determining the salary of such
officer or employee upon  reclassification,  reallocation,  appointment,
promotion,  transfer, demotion, reinstatement or other change of status,
such salary increase shall be deemed to be effective on the date thereof
as prescribed in this act, and the  payment  thereof  pursuant  to  this

S. 7845                            10

section  on  the  date  prior thereto instead of on such effective date,
shall not operate to confer any additional salary rights or benefits  on
such officer or employee.
  S  10.  Deferred  payment  of  salary  increase.  Notwithstanding  the
provisions of this act or any other law, commencing April 1,  2011,  and
pending  payment  pursuant  to  this act of the basic annual salaries of
incumbents of positions subject to this act commencing  April  1,  2011,
such  incumbents  shall  receive,  as  partial compensation for services
rendered, the rate of compensation otherwise payable in their respective
positions pursuant to law then in effect. An incumbent holding  a  posi-
tion  subject  to  this  act at any time during the period from April 1,
2011 until the time when basic annual salaries are first  paid  pursuant
to  this  act  for  such  service in excess of the compensation actually
received therefor shall be entitled  to  a  lump  sum  payment  for  the
difference  between  the  salary to which such incumbent is entitled for
such service and the compensation actually received therefor. Such  lump
sum payment shall be made as soon as practicable.
  S  11.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.