S T A T E   O F   N E W   Y O R K
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                                  8246

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2015
                               ___________

Introduced  by  M.  of A. ABBATE -- (at request of the Governor) -- read
  once and referred to the Committee on Ways and Means

AN ACT to amend the executive law, in relation to the terms  and  condi-
  tions  of  employment  for  members of the collective negotiating unit
  consisting of commissioned and non-commissioned officers in the  divi-
  sion of state police and salary schedules for members of such unit; to
  amend  the state finance law, in relation to the employee benefit fund
  for members of such unit; and making an  appropriation  therefor;  and
  repealing certain provisions of such laws relating thereto

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

  Section 1. Subparagraphs 5, 6, 7 and 8 of paragraph a of subdivision 2
of section 215 of the executive law are REPEALED and four  new  subpara-
graphs 5, 6, 7 and 8 are added to read as follows:
  (5)  EFFECTIVE  APRIL  FIRST,  TWO  THOUSAND  FOURTEEN, MEMBERS OF THE
COLLECTIVE NEGOTIATING UNIT CONSISTING OF COMMISSIONED  AND  NON-COMMIS-
SIONED  OFFICERS  IN  THE DIVISION OF STATE POLICE SHALL RECEIVE A BASIC
ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE:
              ORANGE,         CITY OF NEW     NASSAU AND       ALL OTHER
              PUTNAM AND      YORK, ROCKLAND  SUFFOLK          LOCATIONS
              DUTCHESS        AND WESTCHESTER COUNTIES
              COUNTIES        COUNTIES
SERGEANT AND
TECHNICAL
SERGEANT      $102,048        $103,135        $103,421         $101,846
STATION
COMMANDER     $105,345        $106,433        $106,718         $105,145
ZONE
SERGEANT      $107,027        $108,111        $108,396         $106,825
FIRST,
STAFF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12020-04-5
              

A. 8246                             2

AND
CHIEF T/
SGT           $112,533        $113,619        $113,903         $112,330
LIEUTENANT
AND
TECHNICAL
LIEUTENANT    $121,953        $123,038        $123,323         $121,752
LIEUTENANT
BCI           $124,342        $125,427        $125,713         $124,138
CAPTAIN       $130,059        $131,144        $131,432         $129,857
CAPTAIN BCI   $132,484        $133,567        $133,853         $132,279
MAJOR         $138,583        $139,669        $139,954         $138,379
  (6)  EFFECTIVE  APRIL  FIRST,  TWO  THOUSAND  FIFTEEN,  MEMBERS OF THE
COLLECTIVE NEGOTIATING UNIT CONSISTING OF COMMISSIONED  AND  NON-COMMIS-
SIONED  OFFICERS  IN  THE DIVISION OF STATE POLICE SHALL RECEIVE A BASIC
ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE:
              ORANGE,         CITY OF NEW     NASSAU AND       ALL OTHER
              PUTNAM AND      YORK, ROCKLAND  SUFFOLK          LOCATIONS
              DUTCHESS        AND WESTCHESTER COUNTIES
              COUNTIES        COUNTIES
SERGEANT AND
TECHNICAL
SERGEANT      $104,089        $105,198        $105,489         $103,883
STATION
COMMANDER     $107,452        $108,562        $108,852         $107,248
ZONE
SERGEANT      $109,168        $110,273        $110,564         $108,962
FIRST,
STAFF
AND
CHIEF T/
SGT           $114,784        $115,891        $116,181         $114,577
LIEUTENANT
AND
TECHNICAL
LIEUTENANT    $124,392        $125,499        $125,789         $124,187
LIEUTENANT
BCI           $126,829        $127,936        $128,227         $126,621
CAPTAIN       $132,660        $133,767        $134,061         $132,454
CAPTAIN BCI   $135,134        $136,238        $136,530         $134,925
MAJOR         $141,355        $142,462        $142,753         $141,147
  (7) EFFECTIVE APRIL  FIRST,  TWO  THOUSAND  SIXTEEN,  MEMBERS  OF  THE
COLLECTIVE  NEGOTIATING  UNIT CONSISTING OF COMMISSIONED AND NON-COMMIS-
SIONED OFFICERS IN THE DIVISION OF STATE POLICE SHALL  RECEIVE  A  BASIC
ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE:
              ORANGE,         CITY OF NEW     NASSAU AND       ALL OTHER
              PUTNAM AND      YORK, ROCKLAND  SUFFOLK          LOCATIONS
              DUTCHESS        AND WESTCHESTER COUNTIES
              COUNTIES        COUNTIES
SERGEANT AND
TECHNICAL
SERGEANT      $105,650        $106,776        $107,071         $105,441
STATION
COMMANDER     $109,064        $110,190        $110,485         $108,857
ZONE
SERGEANT      $110,806        $111,927        $112,222         $110,596

A. 8246                             3

FIRST,
STAFF
AND
CHIEF T/
SGT           $116,506        $117,629        $117,924         $116,296
LIEUTENANT
AND
TECHNICAL
LIEUTENANT    $126,258        $127,381        $127,676         $126,050
LIEUTENANT
BCI           $128,731        $129,855        $130,150         $128,520
CAPTAIN       $134,650        $135,774        $136,072         $134,441
CAPTAIN BCI   $137,161        $138,282        $138,578         $136,949
MAJOR         $143,475        $144,599        $144,894         $143,264
  (8)  EFFECTIVE  APRIL  FIRST,  TWO  THOUSAND SEVENTEEN, MEMBERS OF THE
COLLECTIVE NEGOTIATING UNIT CONSISTING OF COMMISSIONED  AND  NON-COMMIS-
SIONED  OFFICERS  IN  THE DIVISION OF STATE POLICE SHALL RECEIVE A BASIC
ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE:
              ORANGE,         CITY OF NEW     NASSAU AND       ALL OTHER
              PUTNAM AND      YORK, ROCKLAND  SUFFOLK          LOCATIONS
              DUTCHESS        AND WESTCHESTER COUNTIES
              COUNTIES        COUNTIES
SERGEANT AND
TECHNICAL
SERGEANT      $107,235        $108,378        $108,677         $107,023
STATION
COMMANDER     $110,700        $111,843        $112,142         $110,490
ZONE
SERGEANT      $112,468        $113,606        $113,905         $112,255
FIRST,
STAFF
AND
CHIEF T/
SGT           $118,254        $119,393        $119,693         $118,040
LIEUTENANT
AND
TECHNICAL
LIEUTENANT    $128,152        $129,292        $129,591         $127,941
LIEUTENANT
BCI           $130,662        $131,803        $132,102         $130,448
CAPTAIN       $136,670        $137,811        $138,113         $136,458
CAPTAIN BCI   $139,218        $140,356        $140,657         $139,003
MAJOR         $145,627        $146,768        $147,067         $145,413
  S 2. Paragraph a of subdivision  2  of  section  207-b  of  the  state
finance  law  is  REPEALED  and  a  new  paragraph a is added to read as
follows:
  A. WHERE, AND TO THE EXTENT THAT, THE AGREEMENT BETWEEN THE STATE  AND
AN  EMPLOYEE  ORGANIZATION  ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF
THE CIVIL SERVICE LAW SO PROVIDES ON BEHALF  OF  THE  EMPLOYEES  IN  THE
COLLECTIVE  NEGOTIATING  UNIT CONSISTING OF COMMISSIONED AND NON-COMMIS-
SIONED OFFICERS IN THE DIVISION OF STATE POLICE, ESTABLISHED PURSUANT TO
ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW, AND UPON AUDIT AND WARRANT OF
THE STATE COMPTROLLER, THE DIRECTOR SHALL PROVIDE  FOR  THE  PAYMENT  OF
MONIES  TO  SUCH EMPLOYEE ORGANIZATION FOR THE ESTABLISHMENT AND MAINTE-
NANCE OF AN EMPLOYEE BENEFIT FUND ESTABLISHED BY THE EMPLOYEE  ORGANIZA-
TION  FOR  THE EMPLOYEES IN THE NEGOTIATING UNIT COVERED BY THE CONTROL-

A. 8246                             4

LING PROVISIONS OF SUCH AGREEMENT PROVIDING FOR  SUCH  EMPLOYEE  BENEFIT
FUND.  SUCH AMOUNTS ARE TO BE DETERMINED CONSISTENT WITH SAID AGREEMENT,
INCLUDING ANY AND ALL MONIES AGREED TO BE TRANSFERRED IN SAID AGREEMENT,
AND  ON  THE BASIS OF THE NUMBER OF FULL-TIME ANNUAL SALARIED EMPLOYEES,
OTHER THAN FULL-TIME SEASONAL EMPLOYEES, ON THE PAYROLL ON MARCH  FIRST,
TWO THOUSAND ELEVEN FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND
ELEVEN,  THE  NUMBER  OF FULL-TIME ANNUAL SALARIED EMPLOYEES, OTHER THAN
FULL-TIME SEASONAL EMPLOYEES, ON THE PAYROLL ON MARCH FIRST,  TWO  THOU-
SAND TWELVE FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND TWELVE,
THE  NUMBER OF FULL-TIME ANNUAL SALARIED EMPLOYEES, OTHER THAN FULL-TIME
SEASONAL EMPLOYES, ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND  THIRTEEN
FOR  PAYMENTS  TO  BE  MADE  ON  APRIL FIRST, TWO THOUSAND THIRTEEN, THE
NUMBER OF FULL-TIME ANNUAL  SALARIED  EMPLOYEES,  OTHER  THAN  FULL-TIME
SEASONAL EMPLOYEES, ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND FOURTEEN
FOR  PAYMENTS  TO  BE  MADE  ON  APRIL FIRST, TWO THOUSAND FOURTEEN, THE
NUMBER OF FULL-TIME ANNUAL  SALARIED  EMPLOYEES,  OTHER  THAN  FULL-TIME
SEASONAL  EMPLOYEES, ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND FIFTEEN
FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND FIFTEEN, THE NUMBER
OF FULL-TIME ANNUAL SALARIED EMPLOYEES, OTHER  THAN  FULL-TIME  SEASONAL
EMPLOYEES,  ON  THE  PAYROLL  ON  MARCH  FIRST, TWO THOUSAND SIXTEEN FOR
PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND SIXTEEN AND THE  NUMBER
OF  FULL-TIME  ANNUAL  SALARIED EMPLOYEES, OTHER THAN FULL-TIME SEASONAL
EMPLOYEES, ON THE PAYROLL ON MARCH FIRST,  TWO  THOUSAND  SEVENTEEN  FOR
PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND SEVENTEEN. THE AMOUNTS,
WHICH WILL BE DETERMINED PURSUANT TO THIS SECTION, FOR EMPLOYEES WHO ARE
PAID  FROM  SPECIAL OR ADMINISTRATIVE FUNDS, OTHER THAN THE GENERAL FUND
OR THE CAPITAL PROJECTS FUND OF THE STATE, WILL BE PAID FROM THE  APPRO-
PRIATIONS  AS  PROVIDED BY LAW, IN WHICH CASE THE STATE COMPTROLLER WILL
ESTABLISH PROCEDURES TO ENSURE REPAYMENT FROM SAID SPECIAL  OR  ADMINIS-
TRATIVE  FUNDS.  THE  DIRECTOR  SHALL  ENTER  INTO AN AGREEMENT WITH THE
EMPLOYEE ORGANIZATION THAT SETS FORTH THE SPECIFIC TERMS AND  CONDITIONS
FOR THE TRANSMITTAL OF MONIES PURSUANT TO THIS SECTION.
  S 3. Location compensation. (a) Notwithstanding any other provision of
law  to  the contrary, pursuant to the terms of the agreement negotiated
between the state and the employee organization representing the collec-
tive negotiating unit consisting of  commissioned  and  non-commissioned
officers  in  the  division  of state police, members in this collective
negotiating unit whose principal place of employment, or, in the case of
a field employee, whose official station  as  determined  in  accordance
with  the regulations of the state comptroller, is located in the county
of Monroe and who were on the payroll on March 31, 1985,  and  who  have
received  this  location  compensation  continually  since  then,  shall
continue to receive location pay at the  rate  of  two  hundred  dollars
($200) per year, provided the member continues to be otherwise eligible.
Such  location  pay  shall continue to be annualized and paid during the
regular bi-weekly periods. Such location pay shall be  in  addition  to,
and  shall  not  be a part of, a member's annual basic salary, and shall
not affect or impair any increments or other rights or benefits to which
the member may be entitled; provided, however, that location  pay  shall
be  included as compensation for purposes of computation of overtime pay
and for retirement purposes.
  (b) Notwithstanding any other provision of law to the contrary, pursu-
ant to the terms of the agreement negotiated between the state  and  the
employee  organization  representing  the  collective  negotiating  unit
consisting of commissioned and non-commissioned officers in the division
of state police, members in this collective negotiating unit whose prin-

A. 8246                             5

cipal place of employment, or, in the case of a  field  employee,  whose
official station as determined in accordance with the regulations of the
state  comptroller, is located in the city of New York, or in the county
of  Rockland,  Westchester,  Nassau or Suffolk shall continue to receive
location pay at the rate of one thousand five hundred thirty-six dollars
($1,536) per year effective April 1, 2010.
  (c) Such location pay shall continue to be annualized and paid  during
regular  bi-weekly  periods.  Such location pay shall be in addition to,
and shall not be a part of, a member's annual basic  salary,  and  shall
not affect or impair any increments or other rights or benefits to which
the  member  may  be  entitled; provided, however, that the location pay
shall be included as compensation for purposes of computation  of  over-
time pay and for retirement purposes.
  S  4.  Supplemental  location  compensation.   (a) Notwithstanding any
other provision of law to the contrary, pursuant to  the  terms  of  the
agreement  negotiated  between  the  state and the employee organization
representing the collective negotiating unit consisting of  commissioned
and  non-commissioned  officers in the division of state police, members
in this collective negotiating unit whose principal place of employment,
or, in the case of a field employee, whose official  station  as  deter-
mined  in  accordance  with the regulations of the state comptroller, is
located in the city of New York, or in the  county  of  Putnam,  Orange,
Dutchess,  Rockland,  Westchester,  Nassau  or Suffolk shall continue to
receive supplemental location pay as follows effective April 1, 2010:

     Orange, Putnam or Dutchess County       $1,280
     Rockland or Westchester County          $1,918
     or city of New York
     Nassau or Suffolk County                $2,239

  (b) Such supplemental location pay shall continue to be annualized and
paid  during  regular  bi-weekly  periods.  Such  supplemental  location
compensation  shall  be  in  addition  to, and shall not be a part of, a
member's annual basic salary, and shall not affect or impair any  incre-
ments  or  other rights or benefits to which the member may be entitled;
provided, however, that such compensation shall be included  as  compen-
sation  for  purposes  of computation of overtime pay and for retirement
purposes.
  S 5. Expanded duty pay. (a) Notwithstanding any other provision of law
to the contrary, pursuant to  the  terms  of  the  agreement  negotiated
between the state and the employee organization representing the collec-
tive  negotiating  unit  consisting of commissioned and non-commissioned
officers in the division of state police, during  the  period  April  1,
2010  through  March  31, 2014, the annual payment for expanded duty pay
for members of this unit shall continue in the amount of seven  thousand
four  hundred  fifty-two  dollars ($7,452). Effective April 1, 2014, the
annual payment for expanded duty  pay  shall  be  eight  thousand  seven
hundred  two  dollars ($8,702). There shall be no retroactive payment of
the increases to expanded duty pay for the period April 1, 2011 to March
31, 2014 under any circumstances. Pursuant to the agreement, the  entire
increase of one thousand two hundred fifty dollars ($1,250) covering the
period  April 1, 2011 to March 31, 2014 is only payable on a prospective
basis commencing April 1, 2014.
  (b) Pursuant to the terms of  the  agreement  negotiated  between  the
state  and the employee organization representing the collective negoti-
ating unit consisting of commissioned and non-commissioned  officers  in

A. 8246                             6

the  division  of  state  police, expanded duty pay shall continue to be
annualized and paid during regular bi-weekly  periods.  Such  additional
compensation  shall  be  in  addition  to, and shall not be part of, the
member's  annual basic salary, and shall not affect or impair any rights
or benefits to which the member may be entitled; provided, however, that
such additional compensation  shall  be  included  as  compensation  for
purposes  of computation of overtime pay and as compensation for retire-
ment.
  S 6. Hazardous duty pay. (a) Notwithstanding any  other  provision  of
law  to  the contrary, pursuant to the terms of the agreement negotiated
between the state and employee organization representing the  collective
negotiating  unit  consisting of commissioned and non-commissioned offi-
cers in the division of state police, during the period  April  1,  2010
through  March  31,  2014, the annual payment for hazardous duty pay for
members of this unit shall continue in the amount of  one  thousand  two
hundred  dollars  ($1,200).  Effective April 1, 2014, the annual payment
for hazardous duty pay shall be two thousand four hundred fifty  dollars
($2,450).  There  shall  be  no  retroactive payment of the increases to
hazardous duty pay for the period April 1, 2011 to March 31, 2014  under
any  circumstances.    Pursuant to the agreement, the entire increase of
one thousand two hundred fifty  dollars  ($1,250)  covering  the  period
April  1,  2011 to March 31, 2014 is only payable on a prospective basis
commencing with the scheduled December 2014 payment.
  (b) Notwithstanding any other provision of law to the contrary, pursu-
ant to the terms of the agreement negotiated between the state  and  the
employee  organization  representing  the  collective  negotiating  unit
consisting of commissioned and non-commissioned officers in the division
of state police, hazardous duty pay shall be payable to members of  this
unit  in  December  of  each  respective  state fiscal year to which the
payment is attributed,  or  as  soon  as  practicable  thereafter.  Such
payment  shall  continue  to be made as a lump sum payment to members of
this unit on the payroll on the first of November each year  during  the
pay  period  that includes the first of December each year. Such payment
shall be in addition to, and shall not be part of, the  member's  annual
basic  salary,  and shall not affect or impair any rights or benefits to
which the member may be entitled; provided, however, that  such  payment
shall  be  included as compensation for purposes of computation of over-
time pay and as compensation for retirement.
  S 7. Command pay. (a) Notwithstanding any  provision  of  law  to  the
contrary,  pursuant  to the terms of an agreement negotiated between the
state and the employee organization representing the collective  negoti-
ating  unit  consisting of commissioned and non-commissioned officers in
the division of state police, in recognition that commissioned and  non-
commissioned  officers  in  the  division  of state police assume higher
level responsibilities, such commissioned and non-commissioned  officers
shall  continue  to  receive  command pay in the amount of three hundred
nineteen dollars ($319) effective April 1, 2010.
  (b) Such payment shall be  annualized  and  paid  during  the  regular
bi-weekly  periods  and  shall  be  in addition to, and not part of, the
member's annual basic salary, and shall not affect or impair any  rights
or benefits to which the member may be entitled; provided, however, such
payments  shall  be  included  as  compensation for retirement purposes.
Command pay shall be included for overtime calculations for  non-commis-
sioned officers.
  S 8. Health benefits committees. Pursuant to the terms of an agreement
negotiated  between the state and the employee organization representing

A. 8246                             7

the collective negotiating unit consisting of commissioned and  non-com-
missioned  officers  in  the division of state police, during the period
April 1, 2011 through March 31, 2018,  there  shall  continue  to  be  a
committee on health benefits funded in the following amounts: $5,100 for
the  period  April 1, 2014 through March 31, 2015; $5,202 for the period
April 1, 2015 through March 31, 2016; $5,280 for  the  period  April  1,
2016  through  March  31,  2017; and $5,359 for the period April 1, 2017
through March 31, 2018. One-half of this amount in each  year  shall  be
made  available  to  the state and one-half of this amount shall be made
available to the employee organization representing such unit.
  S 9. Professional development and  training  funds.  Pursuant  to  the
terms  of  an  agreement  negotiated  between the state and the employee
organization representing the collective negotiating unit consisting  of
commissioned  and  non-commissioned  officers  in  the division of state
police, during the period April 1, 2011 through March  31,  2018,  there
shall  continue  to be a professional development and quality of working
life  committee  from  which  the  tuition  reimbursement  program,  the
master's program and the employee assistance program shall be supported.
Such committee shall be funded in the following amounts: $94,248 for the
period  April  1,  2014  through  March 31, 2015; $96,133 for the period
April 1, 2015 through March 31, 2016; $97,575 for the  period  April  1,
2016  through  March  31, 2017; and $99,039 for the period April 1, 2017
through March 31, 2018.
  S 10. Recognized degree pay. Notwithstanding any provision of  law  to
the  contrary, pursuant to the terms of the agreement negotiated between
the state and the  employee  organization  representing  the  collective
negotiating  unit  consisting of commissioned and non-commissioned offi-
cers in the division of state police, or the terms of the interest arbi-
tration award made pursuant to subdivision 4 of section 209 of the civil
service law binding the executive branch of the state of  New  York  and
the  employee  organization  representing such unit, effective March 31,
2003, the lump sum payments for degrees, as contained in  section  5  of
chapter 244 of the laws of 2002, shall continue.
  S  11.  Short  swings. (a) Notwithstanding any provision of law to the
contrary, pursuant to the terms of the agreement negotiated between  the
state  and the employee organization representing the collective negoti-
ating unit consisting of commissioned and non-commissioned  officers  in
the  division  of state police, or the terms of the interest arbitration
award made pursuant to subdivision 4 of section 209 of the civil service
law binding the executive branch of  the  state  of  New  York  and  the
employee  organization representing such unit, effective March 31, 2003,
members of this unit who are required to work short swings shall contin-
ue to receive compensation of thirty dollars ($30) for each short  swing
they  are  required  to  work and actually work. There shall be no short
swing compensation where the short swing is worked at the request of, or
for the convenience of the member, as  determined  by  the  division  of
state  police.  The  definition  of  short swing shall be a tour of duty
commencing between the hours  of  five  a.m.  and  nine  a.m.  (B  line)
followed  by a tour of duty commencing between nine p.m. and one a.m. (A
line) on consecutive days, or, a tour of  duty  commencing  between  the
hours  of  one  p.m.  and  five p.m. (C line) followed by a tour of duty
commencing between the hours of five a.m. and  nine  a.m.  (B  line)  on
consecutive  days.  Such additional compensation shall not be payable if
such member's hours of work continue from the conclusion of  the  former
shift to the commencement of the latter shift without interruption.

A. 8246                             8

  (b) The additional compensation payable pursuant to this section shall
be in addition to, and shall not be a part of, the member's annual basic
salary,  and  shall not affect or impair any rights or benefits to which
the member may be entitled; provided,  however,  that  any  compensation
payable  pursuant  to this section shall be included as compensation for
the purposes of computation of overtime pay and for retirement purposes.
The director of the budget may adopt such regulations as may  be  deemed
necessary to carry out the provisions of this section.
  S  12.  Unused sick leave at retirement. Effective March 31, 2003, the
lump sum payment for unused sick leave  at  retirement  as  provided  in
section 9 of chapter 10 of the laws of 2001 shall continue.
  S  13. Overtime meal allowance. Notwithstanding any other provision of
law to the contrary, pursuant to the terms of the  agreement  negotiated
between the state and the employee organization representing the collec-
tive  negotiating  unit  consisting of commissioned and non-commissioned
officers in the division of state police, or the terms of  the  interest
arbitration  award  made pursuant to subdivision 4 of section 209 of the
civil service law binding the executive branch of the state of New  York
and  the employee organization representing such unit, the overtime meal
allowance for unit members shall continue at the rates in effect  as  of
March 31, 2007.
  S  14.  The salary increases and benefit modifications provided for by
this act for state employees in the collective negotiating unit consist-
ing of commissioned and non-commissioned officers  in  the  division  of
state police established pursuant to article 14 of the civil service law
shall  not be implemented until the director of employee relations shall
have delivered to the director of  the  budget  and  the  comptroller  a
letter certifying that there is in effect with respect to such negotiat-
ing  unit  a  collective  negotiating  agreement which provides for such
increases and modifications and which is fully executed in writing  with
the  state pursuant to article 14 of the civil service law, and ratified
pursuant to the ratification  procedure  of  the  employee  organization
certified  pursuant  to article 14 of the civil service law to represent
each such collective negotiating unit.
  S 15. Payment and publication of grievance arbitration settlements and
awards. Notwithstanding any provision of law to the contrary, the appro-
priations contained in this act shall be available to the state for  the
payment  and publication of grievance arbitration settlements and awards
pursuant to article 15 of the collective negotiating  agreement  between
the  state  and  the  employee  organization representing the collective
negotiating unit consisting of commissioned and  non-commissioned  offi-
cers in the division of state police.
  S  16.  Date  of  entitlement  to salary increase. Notwithstanding the
provisions of this act or of any other provision of law to the contrary,
the increase of salary or compensation of any member of  the  collective
negotiating  unit  consisting of commissioned and non-commissioned offi-
cers in the division of state police provided by this act shall be added
to the salary of such member at the beginning of that 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 determining the salary of such  offi-
cer   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

A. 8246                             9

as prescribed by this act, with payment thereof pursuant to this section
on a date prior thereto, instead of on such effective  date,  and  shall
not  operate  to confer any additional salary rights or benefits on such
officer  or  employee.  Payment  of such salary increase may be deferred
pursuant to section seventeen of this act.
  S  17.  Deferred  payment  of  salary  increase.  Notwithstanding  the
provisions of any other section of this act or of any other provision of
law  to  the contrary, pending payment pursuant to this act of the basic
annual salaries of incumbents of positions subject  to  this  act,  such
incumbents shall receive, as partial compensation for services rendered,
the  rate  of  compensation  otherwise payable in their respective posi-
tions. An incumbent holding a position 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 services in excess
of the compensation actually received therefor, shall be entitled  to  a
lump  sum  payment  for  the difference between the salary to which such
incumbent is entitled for such service  and  the  compensation  actually
received  therefor. Such lump sum payment shall be made as soon as prac-
ticable. Any amount payable in such lump  sum  paid  represents  compen-
sation  earned  in  each of the year or years for which it is calculated
pursuant to this act and not as compensation earned wholly in  the  year
during  which  the lump sum is paid. Pursuant to the terms of the agree-
ment negotiated between the state and the employee organization  repres-
enting  the  collective  negotiating unit consisting of commissioned and
non-commissioned officers in the division of state police,  there  shall
be  no retroactive payment of the increases to the compensation provided
in section five or six of this act for the period April 1, 2011 to March
31, 2014 under any circumstances.
  S 18. 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 or April 1, 2015 shall be  available  for  the  payment  of  any
liabilities or obligations incurred pursuant to the foregoing provisions
of  this act, whether occurring prior to or during the state fiscal year
commencing April 1, 2014 or April 1, 2015.
  S 19. 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 or April 1, 2015 to supple-
ment 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.  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 or April  1,
2015.  For this purpose, these appropriations shall remain in full force
and effect for the payment of liabilities incurred on or before April 1,
2015 or April 1, 2016. No money shall be available for expenditure  from

A. 8246                            10

this  appropriation until a certification of approval has been issued by
the director of the budget and a copy of such certificate or any  amend-
ment  thereto has been filed with the state comptroller, the chairperson
of  the  senate  finance  committee, and the chairperson of the assembly
ways and means committee.

ALL STATE DEPARTMENTS AND AGENCIES

Special Pay Bills
General Fund - State Purposes Account

              PERSONAL SERVICE

Personal Service - Regular ...... $8,801,000

            NON-PERSONAL SERVICE

Fringe Benefits ................... $673,000
Health Benefits Committee .......... $11,000
Professional Development Fund...... $191,000
Employee Benefit Fund ............. $530,000
Contract Administration ............ $25,000

  S 20. This act shall take effect immediately and shall be deemed to have
been in full force and effect on and after April 1, 2011.
  REPEAL NOTE.--Subparagraphs 5, 6, 7, and 8 of paragraph a of  subdivi-
sion  2  of section 215 of the executive law, repealed by section one of
this act, provided salary schedules for state employees in  the  partic-
ular  titles  in  the  collective negotiating unit consisting of commis-
sioned and non-commissioned officers in the division of state police and
is replaced by revised salary schedules in new subparagraphs  5,  6,  7,
and  8 of paragraph a of subdivision 2 implementing an agreement between
the state and the employee organization representing  such  unit.  Para-
graph  a  of  subdivision  2  of section 207-b of the state finance law,
repealed by section two of this act, provided for payments to an employ-
ee benefit fund for state employees in  the  particular  titles  in  the
collective  negotiating  unit consisting of commissioned and non-commis-
sioned officers in the division of state police and  is  replaced  by  a
revised  schedule of payments to be made to such fund in a new paragraph
a implementing an agreement between the state and the employee organiza-
tion representing such unit.