Bill S7857-2013

Provides for the adjustment of stipends of certain incumbents in the state university of New York; appropriations

Provides for the adjustment of stipends of certain incumbents in the state university of New York and designating moneys therefor; to continue a doctoral program recruitment and retention enhancement fund; to continue an employee assistance program; to continue a professional development committee; to continue a comprehensive college graduate program recruitment and retention fund; to continue a fee mitigation fund; to continue a downstate location fund; to continue a joint labor management advisory board; and to continue an accidental death benefit.

Details

Actions

  • Jul 22, 2014: SIGNED CHAP.183
  • 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.518
  • Jun 19, 2014: substituted for a10116
  • Jun 18, 2014: referred to ways and means
  • Jun 18, 2014: DELIVERED TO ASSEMBLY
  • Jun 18, 2014: PASSED SENATE
  • Jun 18, 2014: ORDERED TO THIRD READING CAL.1572
  • Jun 15, 2014: REFERRED TO RULES

Votes

Memo

BILL NUMBER:S7857

TITLE OF BILL: An act to provide for the adjustment of stipends of certain incumbents in the state university of New York and designating moneys therefor; to continue a doctoral program recruitment and retention enhancement fund; to continue an employee assistance program; to continue a professional development committee; to continue a comprehensive college graduate program recruitment and retention fund; to continue a fee mitigation fund; to continue a downstate location fund; to continue a joint labor management advisory board; to continue an accidental death benefit; and making an appropriation therefor

Purpose:

This bill would implement the terms of a collectively negotiated agreement between the State of New York (hereafter "State") and the CWA Local 1104/Graduate Students Employees Union (hereafter "GSEU"), the employee organization representing members of the State University Graduate Student Negotiating Unit (hereafter "Unit") established pursuant to Article 14 of the Civil Service Law.

Summary of Provisions:

Section 1 of this bill would provide for an increase in stipends for eligible members of the Unit in the following amounts: a 2 percent annual increase in the stipends effective on October 1, 2009; a 3 percent annual increase in the stipends effective on October 1, 2010; a 2 percent annual increase in the stipends effective on October 1, 2014; and a 2 percent annual increase in the stipends effective on October 1, 2015. Section 1 of the bill would also provide a non-recurring lump sum payment to eligible members of the unit. Lastly, Section 1 of the bill would provide for an increase in the minimum stipend to eligible members of the Unit to the following amounts in each of the following academic years: $8,758 for 2009-2010; $9,021 for 2010-2011; $9,201 for 2014-2015; and $9,385 for 2015-2016. Only employees who were on the State payroll on the payment effective date as well as at the time of payment will be eligible to receive any retroactive increase.

Section 2 of this bill would continue the Doctoral Program Recruitment and Retention Enhancement Fund from amounts appropriated in the bill, to enhance employee compensation for the purpose of recruitment and retention of new and existing doctoral students in selected programs, and provide for the expiration of the program on July 1, 2016. Pursuant to the terms of the collective bargaining agreement, these funds may be reallocated for use by other joint committees upon mutual agreement of the parties.

Section 3 of this bill would continue the Comprehensive College Graduate Program Recruitment and Retention Fund from amounts appropriated in the bill, to enhance employee compensation for the purpose of recruitment and retention of new and existing graduate students in selected degree programs, and provide for the expiration of the program on July 1, 2016. Pursuant to the terms of the collective bargaining agreement, these funds may be reallocated for use by other joint committees upon mutual agreement of the parties.

Section 4 of this bill would continue the Fee Mitigation Fund from amounts appropriated in the bill, for the purpose of funding the cost of various fees including but not limited to technology fees, and provide for the expiration of the program on July 1, 2016. Pursuant to the terms of the collective bargaining agreement, these funds may be reallocated for use by other joint committees upon mutual agreement of the parties.

Section 5 of this bill would continue the Downstate Location Fund from the amounts appropriated in the bill, for the purpose of funding salary adjustments in the downstate area for employees whose work site is New York City, Suffolk, Nassau, Rockland, Westchester, Dutchess, Putnam, or Orange counties, and provide for the expiration of the program on July 1, 2016. Pursuant to the terms of the collective bargaining agreement, these funds may be reallocated for use by other joint committees upon mutual agreement of the parties.

Section 6 of this bill would continue the Joint Labor-Management Advisory Board, which would study and make recommendations concerning issues of family benefits. Pursuant to the terms of the collective bargaining agreement, these funds may be reallocated for use by other joint committees upon mutual agreement of the parties.

Section 7 of this bill would continue the Employee Assistance Program for graduate student employees, within appropriations available for that purpose, and provide for the expiration of the program on July 1, 2016. Pursuant to the terms of the collective bargaining agreement, these funds may be reallocated for use by other joint committees upon mutual agreement of the parties.

Section 8 of this bill would continue the Professional Development Committee to review, make recommendations, and implement programs for professional development, and provide for the expiration of the program on July 1, 2016. Pursuant to the terms of the collective bargaining agreement, these funds may be reallocated for use by other joint committees upon mutual agreement of the parties.

Section 9 of this bill would make the appropriations contained in this bill available to the State for the payment of grievance and arbitration awards as provided for in the collectively negotiated agreement.

Section 10 of this bill would continue the Accidental Death Benefit in the amount of $50,000, payable to an employee's surviving spouse and children or to the employee's estate in the event an employee dies on or after July 2, 2007 as the result of an accidental on-the-job injury.

Section 11 of this bill would provide that the stipend adjustments, the lump sum payment and benefit modifications provided in this bill would not be implemented until the Director of the Budget and the Comptroller receive a letter certifying that there is in effect with respect to the unit a fully executed and ratified collectively negotiated agreement.

Sections 12 through 14 of this bill would set forth the dates of entitlement to the stipend increases and deferred payment of stipend increases provided by this bill.

Section 15 of this bill would authorize and direct the Comptroller, at the request of the Director of tie Budget and in accordance with section 4 of the state finance law, to transfer up to $2,695,000 from the general fund to the state university income fund (345) to carry out the provisions of section sixteen of this act.

Section 16 of this bill would set forth the use and amount of appropriation necessary to implement this bill.

Section 17 of this bill would make it effective immediately and deem it to have been in effect on and after July 2, 2009.

Existing Law:

Chapter 189 of the Laws of 2011 addresses a variety of terms and conditions of employment established by the previous collective bargaining agreement for the members of the Unit for the period of July 2, 2007 to July 1, 2009.

Statement in Support:

This bill is necessary to implement the terms of the collectively negotiated agreement between the State and the GSEU, the employee organization representing members of the State University Graduate Student Negotiating Unit, in relation to the terms and conditions of employment of members of the Unit, including but not limited to negotiated stipend increases and programs.

Budget Implications:

This bill includes $4.782 million in All Funds appropriations ($2.059 million general fund) to cover pay increases provided in the collectively negotiated agreement, through the 2014-2015 fiscal year. The 2014-15 Financial Plan has sufficient reserves to accommodate the costs associated with this bill.

Effective Date:

This bill would take effect immediately and be deemed to have been in effect on and after July 2, 2009.


Text

STATE OF NEW YORK ________________________________________________________________________ S. 7857 A. 10116 S E N A T E - A S S E M B L Y June 15, 2014 ___________
IN SENATE -- Introduced by Sen. LAVALLE -- (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 provide for the adjustment of stipends of certain incumbents in the state university of New York and designating moneys therefor; to continue a doctoral program recruitment and retention enhancement fund; to continue an employee assistance program; to continue a professional development committee; to continue a comprehensive college graduate program recruitment and retention fund; to continue a fee mitigation fund; to continue a downstate location fund; to contin- ue a joint labor management advisory board; to continue an accidental death benefit; and making an appropriation therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Adjustment to stipends of certain incumbents in the state university of New York. (a) The stipend as of academic year 2009-2010 for an incumbent of a position in the state university of New York in the collective negotiating unit designated as the state university grad- uate student negotiating unit in the state university of New York estab- lished pursuant to article 14 of the civil service law, on September 30, 2009, shall be increased by two percent, rounded up to the next dollar, commencing the beginning of the payroll period the first day of which is nearest to October 1, 2009. "Incumbent," as referenced in this subdivi- sion, shall be defined as members of the state university graduate student negotiating unit established pursuant to article 14 of the civil service law who were employed by the state university of New York on the effective date of the increase and at the time of payment. (b) The stipend as of academic year 2010-2011 for an incumbent of a position in the state university of New York in the collective negotiat- ing unit designated as the state university graduate student negotiating
unit in the state university of New York established pursuant to article 14 of the civil service law, on September 30, 2010, shall be increased by three percent, rounded up to the next dollar, commencing the begin- ning of the payroll period the first day of which is nearest to October 1, 2010. "Incumbent," as referenced in this subdivision, shall be defined as members of the state university graduate student negotiating unit established pursuant to article 14 of the civil service law who were employed by the state university of New York on the effective date of the increase and at the time of payment. (c) For academic year 2011-2012, an incumbent of a position in the state university of New York in the collective negotiating unit desig- nated as the state university graduate student negotiating unit in the state university of New York established pursuant to article 14 of the civil service law, shall receive a non-recurring lump sum payment in the amount of $500, at the beginning of the payroll period the first day of which is nearest to October 1, 2014. "Incumbent," as referenced in this subdivision, shall be defined as members of the state university gradu- ate student negotiating unit established pursuant to article 14 of the civil service law who were employed by the state university of New York during academic year 2011-2012 (defined as the period July 2, 2011 to July 1, 2012) and at the time of payment. No incumbent as defined in subdivisions (a) or (b) of this section are eligible to receive this non-recurring lump sum payment. Employees to whom the provisions of this subdivision apply who are employed in less than full assistantships at the time of payment pursuant to this section shall be entitled to a non-recurring lump sum payment of $250. (d) The stipend as of academic year 2014-2015 for an incumbent of a position in the state university of New York in the collective negotiat- ing unit designated as the state university graduate student negotiating unit in the state university of New York established pursuant to article 14 of the civil service law, on September 30, 2014, shall be increased by two percent, rounded up to the next dollar, commencing the beginning of the payroll period the first day of which is nearest to October 1, 2014. "Incumbent," as referenced in this subdivision, shall be defined as members of the state university graduate student negotiating unit established pursuant to article 14 of the civil service law who were employed by the state university of New York on the effective date of the increase and at the time of payment. (e) The stipend as of academic year 2015-2016 for an incumbent of a position in the state university of New York in the collective negotiat- ing unit designated as the state university graduate student negotiating unit in the state university of New York established pursuant to article 14 of the civil service law, on September 30, 2015, shall be increased by two percent, rounded up to the next dollar, commencing the beginning of the payroll period the first day of which is nearest to October 1, 2015. "Incumbent," as referenced in this subdivision, shall be defined as members of the state university graduate student negotiating unit established pursuant to article 14 of the civil service law who were employed by the state university of New York on the effective date of the increase and at the time of payment. (f) (i) This subdivision shall apply to employees in the collective negotiating unit designated as the state university graduate student negotiating unit in the state university of New York established pursu- ant to article 14 of the civil service law. (ii) The minimum stipend for academic year 2009-2010 shall increase by two percent to $8,758 annually for employees on full assistantships at
university center campuses effective concurrent with the effective date of the increase in subdivision (a) of this section commencing the begin- ning of the payroll period the first day of which is nearest to October 1, 2009. (iii) The minimum stipend for academic year 2010-2011 shall increase by three percent to be $9,021 annually for employees on full assistant- ships at university center campuses effective concurrent with the effec- tive date of the increase in subdivision (b) of this section commencing the beginning of the payroll period the first day of which is nearest to October 1, 2010. (iv) The minimum stipend for academic year 2014-2015 shall increase by two percent to be $9,201 annually for employees on full assistantships at university center campuses effective concurrent with the effective date of the increase in subdivision (d) of this section commencing the beginning of the payroll period the first day of which is nearest to October 1, 2014. (v) The minimum stipend for academic year 2015-2016 shall increase by two percent to be $9,385 annually for employees on full assistantships at university center campuses effective concurrent with the effective date of the increase in subdivision (e) of this section commencing the beginning of the payroll period the first day of which is nearest to October 1, 2015. (vi) Nothing herein shall prevent the state university of New York, in its discretion, from increasing amounts paid to an incumbent of a posi- tion of the state university graduate student negotiating unit in the state university of New York established pursuant to article 14 of the civil service law in addition to the minimum stipend provided, however, that the amounts required for such other increases and the cost of fringe benefits attributable to such other increases, as determined by the comptroller, are made available to the state in accordance with procedures established by the state university of New York. (g) Notwithstanding any of the foregoing provisions of this section, any increase in compensation or lump sum payment 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 chancellor of the state university of New York, the director of the budget, and the direc- tor of the governor's office of employee relations, such increase is not warranted or is not appropriate. S 2. Doctoral program recruitment and retention enhancement fund. There is hereby continued, within the state university of New York, a doctoral program recruitment and retention enhancement fund from the amounts appropriated herein. Such fund shall be used to enhance employee compensation for the purpose of recruitment and retention of new and existing doctoral students in selected programs. The specific doctoral programs eligible for enhanced compensation pursuant to this section shall be at the discretion of the state university of New York. Pursuant to the terms of the collective bargaining agreement, these funds may be reallocated for use by other joint committees upon mutual agreement of the parties. To be eligible for such payment, an employee must be employed on or after July 2, 2014 and at the time of payment. This program shall expire July 1, 2016. S 3. Comprehensive college graduate program recruitment and retention fund. There is hereby continued, within the state university of New York, a comprehensive college graduate program recruitment and retention fund from the amounts appropriated herein. Such fund shall be used to enhance employee compensation for the purpose of recruitment and
retention of new and existing graduate students in selected degree programs. The specific graduate degree programs eligible for enhanced compensation pursuant to this section shall be at the discretion of the state university of New York. Pursuant to the terms of the collective bargaining agreement, these funds may be reallocated for use by other joint committees upon mutual agreement of the parties. To be eligible for such payment, an employee must be employed on or after July 2, 2014 and at the time of payment. This program shall expire July 1, 2016. S 4. Fee mitigation fund. There is hereby continued, within the state university of New York, a fee mitigation fund from the amounts appropri- ated herein. Such fund shall be used for the purpose of funding the cost of various fees, including but not limited to technology fees. Pursuant to the terms of the collective bargaining agreement, these funds may be reallocated for use by other joint committees upon mutual agreement of the parties. To be eligible for such payment, an employee must be employed on or after July 2, 2014 and at the time of payment. This program shall expire July 1, 2016. S 5. Downstate location fund. There is hereby continued, within the state university of New York, a downstate location fund from the amounts appropriated herein. Such fund shall be used for the purpose of funding location adjustments in the downstate area for employees whose work site is New York City, Suffolk, Nassau, Rockland, Westchester, Dutchess, Putnam or Orange counties. The specific location adjustments funded pursuant to this section shall be at the discretion of the state univer- sity of New York. Pursuant to the terms of the collective bargaining agreement, these funds may be reallocated for use by other joint commit- tees upon mutual agreement of the parties. To be eligible for such payment, an employee must be employed on or after July 2, 2014 and at the time of payment. This program shall expire July 1, 2016. S 6. Joint labor management advisory board. Pursuant to the terms of an agreement negotiated between the state and the employee organization representing employees in the collective negotiating unit designated as the state university graduate student negotiating unit in the state university of New York established pursuant to article 14 of the civil service law, there shall be continued a joint labor management advisory board to study and make recommendations concerning issues of family benefits and implement agreements that may be entered into between the state and such employee organization concerning such issues within the appropriations made available therefor. Pursuant to the terms of the collective bargaining agreement, these funds may be reallocated for use by other joint committees upon mutual agreement of the parties. S 7. Employee assistance program. Pursuant to the terms of an agree- ment negotiated between the state and the employee organization repres- enting the collective negotiating unit designated as the state universi- ty graduate student negotiating unit in the state university of New York established pursuant to article 14 of the civil service law, there shall be continued an employee assistance program to be administered in accordance with such agreement within the appropriations made available therefor. Pursuant to the terms of the collective bargaining agreement, these funds may be reallocated for use by other joint committees upon mutual agreement of the parties. This program shall expire July 1, 2016. S 8. Professional development committee. Pursuant to the terms of an agreement negotiated between the state and the employee organization representing the collective negotiating unit designated as the state university graduate student negotiating unit in the state university of New York established pursuant to article 14 of the civil service law,
there shall be continued a professional development committee to review, make recommendations and implement programs for professional develop- ment. Such program shall be administered in accordance with such agree- ment within the appropriations made available therefor. Pursuant to the terms of the collective bargaining agreement, these funds may be reallo- cated for use by other joint committees upon mutual agreement of the parties. This program shall expire July 1, 2016. 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 of grievance and arbitration settlements and awards provided for in the collective negotiating agreement between the state and employee organization representing the collective negotiating unit designated as the state university graduate student negotiating unit in the state university of New York established pursuant to article 14 of the civil service law. S 10. Accidental death benefit. Pursuant to the terms of an agreement negotiated between the state and the employee organization representing the collective negotiating unit designated as the state university grad- uate student negotiating unit in the state university of New York estab- lished pursuant to article 14 of the civil service law, there shall continue to be a death benefit in the amount of fifty thousand dollars, in the event an employee dies on or after July 2, 2007 as the result of an accidental on-the-job injury and a death benefit is paid pursuant to the workers' compensation law, payable by the state to the employee's surviving spouse and children to whom the workers' compensation acci- dental death benefit is paid, or to the employee's estate, and in the same proportion as the workers' compensation accidental death benefit is paid. Such program shall be administered in accordance with such agree- ment within the appropriations made available therefor. S 11. The stipend increases, lump sum payment and benefit modifica- tions provided for by this act for state employees and any incumbent, as defined by section one of this act, in the collective negotiating unit designated as the state university graduate student negotiating unit in the state university of New York established pursuant to article 14 of the civil service law shall not be implemented until the director of employee relations has delivered to the director of the budget and the comptroller a letter certifying that there is in effect with respect to such negotiating unit a collective negotiating agreement which provides for such increases and modifications and which is ratified and fully executed in writing with the state pursuant to article 14 of the civil service law. S 12. Date of entitlement to stipend increase. Notwithstanding the provisions of this act or of any other provision of law to the contrary, the stipend increase of any incumbent, as defined by section one of this act, of the collective negotiating unit designated as the state univer- sity graduate student negotiating unit in the state university of New York established pursuant to article 14 of the civil service law, as provided by this act, shall be added to the stipend of such incumbent 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, 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 deter- mining the stipend of such employee upon reclassification, reallocation, appointment, promotion, transfer, demotion, reinstatement or other change of status, such stipend increase shall be deemed to be effective
on the date thereof as prescribed by this act, and the payment thereof pursuant to this section on a date prior thereto, instead of on such effective date, shall not operate to confer any additional compensation rights or benefits on such employee. Payment of such stipend increase may be deferred pursuant to section thirteen of this act. S 13. Deferred payment of stipend increase. Notwithstanding the provisions of this act, or of any other provision of law to the contra- ry, pending payment of stipends pursuant to this act for any incumbent, as defined by section one of this act, of positions subject to this act, such incumbent shall receive, as partial compensation for services rendered, the stipends otherwise payable in their respective position. An incumbent, as defined by section one of this act, holding a position subject to this act at any time during the period from July 2, 2009, until the time when stipend increases 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 stipend to which such incumbent is entitled for such service and the stipend actually received therefor. Such lump sum payment shall be made as soon as practicable. 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, 2014 shall be available for the payment of any liabilities or obli- gations incurred pursuant to the foregoing provisions of this act, whether occurring prior to or during the state fiscal year commencing April 1, 2014. S 15. Notwithstanding any law to the contrary, and in accordance with section 4 of the state finance law, the comptroller is hereby authorized and directed to transfer, upon request of the director of the budget, up to $2,695,000 from the general fund to the state university income fund (345) to carry out the provisions of section sixteen of this act. S 16. Appropriations. Notwithstanding any provision of the state finance law or any other provision of law to the contrary, the several amounts as hereinafter set forth in this section are hereby appropriated from the funds so designated for use by any state department or agency for the fiscal year beginning April 1, 2014 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 sub-allocated to any state department or agency as needed. The monies hereby appropriated are available for payment of any liabilities or obligations incurred prior to or during the state fiscal year commencing April 1, 2014 in addition to liabilities or obligations associated with the state fiscal year commencing April 1, 2009. For this purpose, these appropriations shall remain in full force and effect for the payment of liabilities incurred on or before April 1, 2014. No money shall be available for expenditure from this appropriation until a certification of approval has been issued by the director such certificate or any
amendment thereto has been filed with the state comptroller, the chair- person of the senate finance committee, and the chairperson of the assembly ways and means committee. ALL STATE DEPARTMENTS AND AGENCIES General Fund - State Purposes Account MAINTENANCE UNDISTRIBUTED Doctoral Program Recruitment and Retention Enhancement Fund............................................$670,000 Comprehensive College Graduate Program Recruitment and Retention Fund..................$196,000 Fee Mitigation Fund...............................$578,000 Downstate Location Fund...........................$351,000 Family Benefits Program............................$84,000 Statewide Professional Development Committee......$168,000 Employee Assistance Program........................$12,000 Special Revenue Funds - Other State University Income Fund - 345 Personal Service................................$2,695,000 Miscellaneous Special Revenue Fund - 339 Personal Service...................................$28,000 S 17. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 2, 2009.

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