LBD12100-01-4
S. 7857 2 A. 10116
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
S. 7857 3 A. 10116
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
S. 7857 4 A. 10116
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,
S. 7857 5 A. 10116
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
S. 7857 6 A. 10116
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
S. 7857 7 A. 10116
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.