Relates to the annual maintenance allowance received by employees of the unified court system who are required to wear an employer-approved blazer; categorizes such allowance as compensation for retirement purposes, rather than part of the employee's basic annual salary.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10197
SPONSOR: Rules (Lavine) TITLE OF BILL:
An act to amend chapter 1 of the laws of 2023 relating to terms and
conditions of employment of certain nonjudicial officers and employees
of the unified court system and amending chapter 400 of the laws of 2014
relating to terms and conditions of employment of certain nonjudicial
officers and employees of the unified court system, relating to annual
longevity payments for certain employees, in relation to the annual
maintenance allowance received by employees who are required to wear an
employer-approved blazer
2.
SOURCE OF BILL
This bill is being introduced at the request of the Judiciary.
3.
PURPOSE OF BILL
This bill would correct an oversight in the statutory implementation of
recent collective bargaining agreements between the Unified Court System
("UCS") and employee organizations representing nonjudicial UCS officers
and employees.
4.
SUMMARY OF PROVISIONS
Section 1 of the bill adds a new section 8-b to chapter 1 of the Laws of
2023 to provide that the annual maintenance allowance ("blazer allow-
ance") received by a court employee in the court clerk title series who
is required to wear an employer-approved blazer while performing offi-
cial duties shall not be part of the employee's salary but shall be
pensionable.
Section 2 of the bill sets the bill's effective date retroactively at
April 1, 2021 - which was the effective date of chapter 1 of the Laws of
2023.
5.
JUSTIFICATION
Chapter 1 of the Laws of 2023 implements collective bargaining agree-
ments between the Judiciary and employee organizations representing
nonjudicial UCS officers and employees. These collective bargaining
agreements provide salary increases and other benefits for the period
from April 1, 2021 through March 31, 2026. Among the benefits provided
by these collective bargaining agreements is an annual maintenance
allowance ("blazer allowance") for those court employees in the court
clerk title series in the UCS's classification plan who are required to
wear an employer-approved blazer while performing their official duties.
This allowance, while not treated as an addition to affected employees'
salaries, is to be pensionable. Inadvertently, however, chapter one
failed to provide therefor. This measure would correct this omission.
6.
PRIOR LEGISLATIVE HISTORY
None. This is a new proposal.
7.
FISCAL IMPLICATIONS
This bill would have no meaningful State fiscal impact.
8.
EFFECTIVE DATE
This bill would take effect immediately and would be deemed to have been
in full force and effect on and after April 1, 2021.
STATE OF NEW YORK
________________________________________________________________________
10197
IN ASSEMBLY
May 10, 2024
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Lavine) --
(at request of the Office of Court Administration) -- read once and
referred to the Committee on Governmental Employees
AN ACT to amend chapter 1 of the laws of 2023 relating to terms and
conditions of employment of certain nonjudicial officers and employees
of the unified court system and amending chapter 400 of the laws of
2014 relating to terms and conditions of employment of certain nonju-
dicial officers and employees of the unified court system, relating to
annual longevity payments for certain employees, in relation to the
annual maintenance allowance received by employees who are required to
wear an employer-approved blazer
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Chapter 1 of the laws of 2023 relating to terms and condi-
2 tions of employment of certain nonjudicial officers and employees of the
3 unified court system and amending chapter 400 of the laws of 2014 relat-
4 ing to terms and conditions of employment of certain nonjudicial offi-
5 cers and employees of the unified court system, relating to annual
6 longevity payments for certain employees, is amended by adding a new
7 section 8-b to read as follows:
8 § 8-b. Where a nonjudicial officer or employee of the unified court
9 system to whom the provisions of section three or four of this act apply
10 is required to wear an employer-approved blazer while performing the
11 duties of his or her position and, on account thereof, is entitled to
12 receive an annual maintenance allowance pursuant to a collective
13 bargaining agreement between the unified court system and an employee
14 organization representing such nonjudicial officer or employee, such
15 allowance shall not be a part of such employee's basic annual salary but
16 shall be included as compensation for retirement purposes.
17 § 2. This act shall take effect immediately and shall be deemed to
18 have been in full force and effect on and after April 1, 2021.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14395-01-4
