Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jul 22, 2014 |
signed chap.183 |
Jul 11, 2014 |
delivered to governor |
Jun 19, 2014 |
returned to senate passed assembly ordered to third reading rules cal.518 substituted for a10116 |
Jun 19, 2014 |
substituted by s7857 rules report cal.518 |
Jun 18, 2014 |
reported reported referred to rules |
Jun 15, 2014 |
referred to ways and means |
Assembly Bill A10116
Signed By Governor2013-2014 Legislative Session
Provides for the adjustment of stipends of certain incumbents in the state university of New York; appropriations
download bill text pdfSponsored By
ABBATE
Archive: Last Bill Status Via S7857 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 18, 2014
aye (59)- Addabbo Jr.
- Avella
- Ball
- Bonacic
- Boyle
- Breslin
- Carlucci
- DeFrancisco
- Diaz
- Dilan
- Farley
- Felder
- Flanagan
- Gallivan
- Gianaris
- Gipson
- Griffo
- Grisanti
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Libous
- Little
- Marcellino
- Marchione
- Martins
- Maziarz
- Montgomery
- Nozzolio
- O'Brien
- O'Mara
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stavisky
- Stewart-Cousins
- Tkaczyk
- Valesky
- Young
- Zeldin
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Jun 18, 2014 - Rules Committee Vote
S785724Aye0Nay0Aye with Reservations0Absent1Excused0Abstained -
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2013-A10116 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7857
- Law Section:
- Education
2013-A10116 (ACTIVE) - Summary
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
2013-A10116 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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.
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