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A10528 Summary:

BILL NOA10528
 
SAME ASSAME AS S09821
 
SPONSORRules (Pheffer Amato)
 
COSPNSR
 
MLTSPNSR
 
Rpld §130 sub 1 ¶e sub¶¶1 & 2, amd §130, Civ Serv L; amd Part A §10, Chap 361 of 2022
 
Relates to compensation, benefits and other terms and conditions of employment for members of the district council 37 rent regulation services unit; relates to location pay for certain state officers and employees; implements a collective bargaining agreement between the state of New York and the district council 37 rent regulation services unit; makes appropriations.
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A10528 Actions:

BILL NOA10528
 
06/02/2024referred to ways and means
06/07/2024reported referred to rules
06/07/2024reported
06/07/2024rules report cal.587
06/07/2024substituted by s9821
 S09821 AMEND= JACKSON
 05/31/2024REFERRED TO FINANCE
 06/04/2024COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/04/2024ORDERED TO THIRD READING CAL.1749
 06/04/2024PASSED SENATE
 06/04/2024DELIVERED TO ASSEMBLY
 06/04/2024referred to ways and means
 06/07/2024substituted for a10528
 06/07/2024ordered to third reading rules cal.587
 06/07/2024passed assembly
 06/07/2024returned to senate
 06/26/2024DELIVERED TO GOVERNOR
 06/28/2024SIGNED CHAP.177
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A10528 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A10528
 
SPONSOR: Rules (Pheffer Amato)
  TITLE OF BILL: An act to amend the civil service law, in relation to compensation, benefits and other terms and conditions of employment for members of the district council 37 rent regulation services unit; to amend part A of chapter 361 of the laws of 2022, amending the civil service law and the state finance law relating to compensation and other terms and condi- tions of employment of certain state officers and employees, to author- ize funding of joint labor-management committees, and relating to imple- menting agreements between the state and an employee organization, in relation to location pay for certain state officers and employees; to implement a collective bargaining agreement between the state of New York and the district council 37 rent regulation services unit; making an appropriation therefor; and to repeal certain provisions of the civil service law relating thereto   PURPOSE: This bill would implement the terms of an agreement entered into pursu- ant to Article 14 of the Civil Service Law (the "Agreement") between the executive branch of the State of New York ("State") and the employee organization which represents members of the collective negotiating unit designated as the Rent Regulation Services Unit (the "RRSU").   SUMMARY OF PROVISIONS: Section 1 of the bill would repeal subparagraphs 1 and 2 of Civil Service Law Section 130(1)(e) and replace them with new subparagraphs 1, 2 and 3 to provide for the application of new salary schedules for offi- cers and employees in the RRSU for the period April 2, 2023, to April 1, 2026, Section 2 of the bill would amend section 10 of part A of Chapter 361 of the laws of 2022 to provide an increase in location pay for officers and employees of the State in the collective negotiating units designated as the administrative services unit, the institutional services unit, the operational services unit, or the division of military and naval affairs unit established pursuant to article 14 of the civil service law consistent with negotiated agreements. Section 3 of the bill would provide for increases in basic annual salary for covered members of the RRSU of three percent effective March 30, 2023, March 28, 2024, and March 27, 2025, This section provides that these increases will be paid on a pro-rated basis to otherwise eligible officers and employees who are paid on an hourly or per diem basis or serving on a part-time or seasonal basis, It further authorizes perform- ance advance payments to covered members of the RRSU in graded positions pursuant to the terms of the Agreement and Civil Service Law Section 131(6), and to non-statutory employees as authorized by the Director of the Budget. Finally, this section specifies that any increase in compen- sation may be withheld when, in the opinion of the Director of the Budg- et and the Director of Employee Relations, such increase is not warranted or appropriate. Section 4of the bill would continue existing location compensation for employees whose principal place of employment is located in New York City or the counties of Rockland, Westchester, Nassau and Suffolk at the annual rate of $3,026 and increase it as follows: Effective April 1,2023: $3,087 Effective April 1,2024: $3,400 Effective April 1,2025: $4,000 Section 5 of the bill would provide for a one-time signing bonus of $3000 to retain employees in the RRSU. This signing bonus is not part of basic annual salary. Similarly, the signing bonus is not subject to any salary increases and is not pensionable. The signing bonus shall be prorated for those employees paid on any basis other than an annual basis. To qualify, employees must be in continuous service in the RRSU between December 22, 2023 and April 24, 2024 as defined by paragraph c of subdivision 3 of section 130 of the civil service law. Employees who separate from state service between December 22, 2023 and April 24, 2024 are not eligible for this signing bonus unless they retire directly from active state employment. This bonus shall be effective April 24, 2024 for officers and employees on the administrative payroll. Section 6 of the bill provides that longevity payments, as contractually agreed, will effective April 1, 2025 be paid in accordance with the terms of such agreement. Section 7 of the bill provides that a higher education differential consistent with the terms of such agreement shall be paid to eligible members of the RRSU. Section 8 of the bill would authorize contributions to employee depend- ent care advantage accounts in amounts and for the time periods speci- fied by the Agreement, Section 9 of the bill would provide for the payment and publication of grievance and arbitration settlements and awards pursuant to the Agree- ment. Section 10 of the bill would provide that labor-management committees, created, continued and administered pursuant to the terms of the Agree- ment, shall have responsibility for discussing and attempting to resolve matters of mutual concern and implementing any agreements reached. Section 11 of the bill would require that, prior to any salary increase, benefit modification or any other modification to terms and conditions of employment provided by this bill, the Director of Employee Relations must submit a letter to the Director of the Budget and the State Comp- troller certifying that the collectively negotiated agreement has been ratified by the membership. Section 12 of the bill would authorize the State Comptroller to pay any amounts required by this bill during the fiscal year commencing April 1, 2023, for any state department or agency from any appropriation or other funds available to such state department or agency for personal service or for other related employee benefits during such fiscal year. To the extent that such appropriations in any fund are insufficient, the Direc- tor of the Budget is authorized to allocate to the various department and agencies, from any appropriations available in any fund, the amounts necessary to pay such amounts. Section 13 of the bill would provide those employees who participate in a special annuity program under Article 8-C of the Education Law shall not suffer any reduction of the salary adjustment to which they are otherwise entitled under the program, as a result of an increase in compensation provided for in this bill. Section 14 of the bill would authorize a lump sum payment for retroac- tive salary increases and compensation modifications deemed in effect on the payroll closest to April 1, 2023, Sections 15 and 16 of the bill would appropriate funding for the personal service, non-personal service and labor-management committee costs associated with this bill in accordance with the terms of the Agreement. Section 17 of the bill would provide for an immediate effective date of this act, which shall be deemed to have been in full force and effect on and after April 2, 2023, Appropriations made by this chapter shall remain in full force and effect for liabilities incurred through March 31, 2025.   EXISTING LAW: The last pay bill for the RRSU, covering the period April 2, 2021 to April 1, 2023, was enacted by Chapter 60 of the Laws of 2022. The last paybill for employees in the collective negotiating units designated as the administrative services unit, the institutional services unit, the operational services unit, or the division of military and naval affairs unit established pursuant to article 14 of the civil service law cover- ing the period April 2, 2021 to April 1, 2026 was enacted by Chapter 361 of the Laws of 2022.   JUSTIFICATION: The bill is necessary to implement the terms of a collective bargaining agreement between the executive branch of the State of New York and District Council 37, the employee organization certified to represent members of the RRSU, which was entered into pursuant to Article 14 of the Civil Service Law which has been ratified by the membership and covers the period April 2, 2023, to April 1, 2026. Section 2 of the bill is necessary to implement an agreement concerning location pay for the collective negotiating units designated as the administrative services unit, the institutional services unit, the operational services unit, or the division of military and naval affairs unit established pursuant to article 14 of the civil service law represented by CSEA.   LEGISLATIVE HISTORY: New bill,   BUDGET IMPLICATIONS: The bill would provide appropriations totaling approximately $6.2 million to pay for the cost of the agreement during the period April 2, 2023, to April 1, 2025.   EFFECTIVE DATE: This bill would take effect immediately and be deemed to have been in full force and effect on and after April 1, 2023.
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A10528 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10528
 
                   IN ASSEMBLY
 
                                      June 2, 2024
                                       ___________
 
        Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
          Pheffer Amato) -- (at request  of  the  Governor)  --  read  once  and
          referred to the Committee on Ways and Means
 
        AN  ACT  to  amend  the  civil service law, in relation to compensation,
          benefits and other terms and conditions of employment for  members  of
          the district council 37 rent regulation services unit; to amend part A
          of chapter 361 of the laws of 2022, amending the civil service law and
          the  state  finance  law  relating to compensation and other terms and
          conditions of employment of certain state officers and  employees,  to
          authorize  funding  of joint labor-management committees, and relating
          to implementing agreements between the state and an employee organiza-
          tion, in relation to location  pay  for  certain  state  officers  and
          employees;  to implement a collective bargaining agreement between the
          state of New York and the district council 37 rent regulation services
          unit;  making  an  appropriation  therefor;  and  to  repeal   certain
          provisions of the civil service law relating thereto
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subparagraphs 1 and 2 of paragraph e of  subdivision  1  of
     2  section 130 of the civil service law are REPEALED and three new subpara-
     3  graphs 1, 2 and 3 are added to read as follows:
 
     4    (1) Effective March thirtieth, two thousand twenty-three:
 
     5              STEP   STEP    STEP   STEP    STEP   STEP                JR
     6  SG   HR       1      2       3      4       5      6       JR  INCR INCR
 
     7   1  27132   28047  28962   29877  30792   31707  32622  33537  915   915
     8   2  28167   29127  30087   31047  32007   32967  33927  34894  960   967
     9   3  29574   30578  31582   32586  33590   34594  35598  36595  1004  997
    10   4  30866   31928  32990   34052  35114   36176  37238  38300  1062 1062
    11   5  32343   33455  34567   35679  36791   37903  39015  40127  1112 1112
    12   6  34152   35308  36464   37620  38776   39932  41088  42251  1156 1163
    13   7  36040   37252  38464   39676  40888   42100  43312  44531  1212 1219
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12028-03-4

        A. 10528                            2

     1   8  38073   39332  40591   41850  43109   44368  45627  46886  1259 1259
     2   9  40193   41509  42825   44141  45457   46773  48089  49405  1316 1316
     3  10  42493   43873  45253   46633  48013   49393  50773  52146  1380 1373
     4  11  44957   46406  47855   49304  50753   52202  53651  55093  1449 1442
     5  12  47530   49029  50528   52027  53526   55025  56524  58016  1499 1492
     6  13  50347   51915  53483   55051  56619   58187  59755  61330  1568 1575
     7  14  53262   54894  56526   58158  59790   61422  63054  64693  1632 1639
     8  15  56355   58056  59757   61458  63159   64860  66561  68269  1701 1708
     9  16  59512   61292  63072   64852  66632   68412  70192  71979  1780 1787
    10  17  62862   64742  66622   68502  70382   72262  74142  76029  1880 1887
    11  18  63108   65273  67438   69603  71768   73933  76098  80248  2165 4150
    12  19  66530   68785  71040   73295  75550   77805  80060  84496  2255 4436
    13  20  69934   72289  74644   76999  79354   81709  84064  88721  2355 4657
    14  21  73641   76095  78549   81003  83457   85911  88365  93374  2454 5009
    15  22  77600   80158  82716   85274  87832   90390  92948  98252  2558 5304
    16  23  81706   84367  87028   89689  92350   95011  97672 103350  2661 5678
    17  24  86057   88825  91593   94361  97129   99897 102665 108638  2768 5973
    18  25  90806   93690  96574   99458 102342  105226 108110 114444  2884 6334
    19  26  95588   98587 101586  104585 107584  110583 113582 117825  2999 4243
    20  27  100763 103922 107081  110240 113399  116558 119717 124107  3159 4390
    21  28  106067 109350 112633  115916 119199  122482 125765 130270  3283 4505
    22  29  111628 115035 118442  121849 125256  128663 132070 136714  3407 4644
    23  30  117460 120994 124528  128062 131596  135130 138664 143423  3534 4759
    24  31  123721 127388 131055  134722 138389  142056 145723 150612  3667 4889
    25  32  130301 134089 137877  141665 145453  149241 153029 158054  3788 5025
 
    26    (2) Effective March twenty-eighth, two thousand twenty-four:
 
    27              STEP   STEP    STEP   STEP    STEP   STEP                JR
    28  SG   HR       1      2       3      4       5      6       JR  INCR INCR
 
    29   1  27946   28889  29832   30775  31718   32661  33604  34540  943  936
    30   2  29012   30001  30990   31979  32968   33957  34946  35942  989  996
    31   3  30461   31495  32529   33563  34597   35631  36665  37692  1034 1027
    32   4  31792   32886  33980   35074  36168   37262  38356  39450  1094 1094
    33   5  33313   34459  35605   36751  37897   39043  40189  41328  1146 1139
    34   6  35177   36367  37557   38747  39937   41127  42317  43521  1190 1204
    35   7  37121   38370  39619   40868  42117   43366  44615  45864  1249 1249
    36   8  39215   40512  41809   43106  44403   45700  46997  48294  1297 1297
    37   9  41399   42755  44111   45467  46823   48179  49535  50884  1356 1349
    38  10  43768   45189  46610   48031  49452   50873  52294  53708  1421 1414
    39  11  46306   47798  49290   50782  52274   53766  55258  56743  1492 1485
    40  12  48956   50500  52044   53588  55132   56676  58220  59757  1544 1537
    41  13  51857   53473  55089   56705  58321   59937  61553  63169  1616 1616
    42  14  54860   56541  58222   59903  61584   63265  64946  66634  1681 1688
    43  15  58046   59798  61550   63302  65054   66806  68558  70317  1752 1759
    44  16  61297   63130  64963   66796  68629   70462  72295  74135  1833 1840
    45  17  64748   66685  68622   70559  72496   74433  76370  78307  1937 1937
    46  18  65001   67231  69461   71691  73921   76151  78381  82656  2230 4275
    47  19  68526   70849  73172   75495  77818   80141  82464  87032  2323 4568
    48  20  72032   74458  76884   79310  81736   84162  86588  91381  2426 4793
    49  21  75850   78378  80906   83434  85962   88490  91018  96173  2528 5155
    50  22  79928   82563  85198   87833  90468   93103  95738 101197  2635 5459
    51  23  84157   86898  89639   92380  95121   97862 100603 106454  2741 5851
    52  24  88639   91490  94341   97192 100043  102894 105745 111897  2851 6152
    53  25  93530   96501  99472  102443 105414  108385 111356 117875  2971 6519

        A. 10528                            3
 
     1  26  98456  101545 104634  107723 110812  113901 116990 121360  3089 4370
     2  27  103786 107040 110294  113548 116802  120056 123310 127830  3254 4520
     3  28  109249 112630 116011  119392 122773  126154 129535 134178  3381 4643
     4  29  114977 118486 121995  125504 129013  132522 136031 140815  3509 4784
     5  30  120984 124624 128264  131904 135544  139184 142824 147726  3640 4902
     6  31  127433 131210 134987  138764 142541  146318 150095 155130  3777 5035
     7  32  134210 138112 142014  145916 149818  153720 157622 162796  3902 5174
 
     8    (3) Effective March twenty-seventh, two thousand twenty-five:
 
     9              STEP   STEP    STEP   STEP    STEP   STEP               JR
    10  SG   HR       1      2       3      4       5      6       JR  INCR INCR
    11   1  28784   29755  30726   31697  32668   33639  34610  35574  971  964
    12   2  29882   30901  31920   32939  33958   34977  35996  37022  1019 1026
    13   3  31375   32440  33505   34570  35635   36700  37765  38823  1065 1058
    14   4  32746   33873  35000   36127  37254   38381  39508  40635  1127 1127
    15   5  34312   35492  36672   37852  39032   40212  41392  42565  1180 1173
    16   6  36232   37458  38684   39910  41136   42362  43588  44828  1226 1240
    17   7  38235   39521  40807   42093  43379   44665  45951  47237  1286 1286
    18   8  40391   41727  43063   44399  45735   47071  48407  49743  1336 1336
    19   9  42641   44037  45433   46829  48225   49621  51017  52413  1396 1396
    20  10  45081   46545  48009   49473  50937   52401  53865  55322  1464 1457
    21  11  47695   49232  50769   52306  53843   55380  56917  58447  1537 1530
    22  12  50425   52015  53605   55195  56785   58375  59965  61548  1590 1583
    23  13  53413   55077  56741   58405  60069   61733  63397  65061  1664 1664
    24  14  56506   58238  59970   61702  63434   65166  66898  68630  1732 1732
    25  15  59787   61592  63397   65202  67007   68812  70617  72429  1805 1812
    26  16  63136   65024  66912   68800  70688   72576  74464  76359  1888 1895
    27  17  66690   68685  70680   72675  74670   76665  78660  80655  1995 1995
    28  18  66951   69248  71545   73842  76139   78436  80733  85138  2297 4405
    29  19  70582   72975  75368   77761  80154   82547  84940  89645  2393 4705
    30  20  74193   76692  79191   81690  84189   86688  89187  94121  2499 4934
    31  21  78126   80730  83334   85938  88542   91146  93750  99056  2604 5306
    32  22  82326   85040  87754   90468  93182   95896  98610 104230  2714 5620
    33  23  86682   89505  92328   95151  97974  100797 103620 109650  2823 6030
    34  24  91298   94234  97170  100106 103042  105978 108914 115252  2936 6338
    35  25  96336   99396 102456  105516 108576  111636 114696 121413  3060 6717
    36  26  101410 104592 107774  110956 114138  117320 120502 125001  3182 4499
    37  27  106900 110252 113604  116956 120308  123660 127012 131665  3352 4653
    38  28  112526 116008 119490  122972 126454  129936 133418 138203  3482 4785
    39  29  118426 122040 125654  129268 132882  136496 140110 145039  3614 4929
    40  30  124614 128363 132112  135861 139610  143359 147108 152158  3749 5050
    41  31  131256 135146 139036  142926 146816  150706 154596 159784  3890 5188
    42  32  138236 142255 146274  150293 154312  158331 162350 167680  4019 5330
 
    43    § 2. Section 10 of part A of chapter 361 of the laws of 2022, amending
    44  the civil service law and the state finance law relating to compensation
    45  and  other  terms and conditions of employment of certain state officers
    46  and employees, to authorize funding of  joint  labor-management  commit-
    47  tees,  and  relating to implementing agreements between the state and an
    48  employee organization, is amended to read as follows:
    49    § 10. Location compensation for certain state officers  and  employees
    50  in   collective  negotiating  units.  Notwithstanding  any  inconsistent
    51  provisions of law, full-time annual salaried officers and employees,  as
    52  well  as  non-annual  salaried seasonal officers and employees who shall
    53  receive the compensation provided for pursuant  to  this  section  on  a

        A. 10528                            4
 
     1  prorated  basis,  except  non-annual salaried officers and employees who
     2  are not seasonal, in the collective negotiating units designated as  the
     3  administrative services unit, the institutional services unit, the oper-
     4  ational  services  unit,  or  the division of military and naval affairs
     5  unit established pursuant to article 14 of the civil service law,  whose
     6  principal place of employment or, in the case of a field employee, whose
     7  official station as determined in accordance with the regulations of the
     8  comptroller  is located: (1) in the county of Monroe and who were eligi-
     9  ble to receive location pay on March 31, 1985,  shall  receive  location
    10  pay  at the rate of $200 per year provided they continue to be otherwise
    11  eligible; (2) in the city of New York, or in  the  county  of  Rockland,
    12  Westchester,  Nassau or Suffolk shall, effective April 1, 2021, continue
    13  to receive a downstate adjustment at the annual rate of $3,026;  or  (3)
    14  in  the  county  of Dutchess, Putnam or Orange shall, effective April 1,
    15  2021, continue to receive a mid-Hudson adjustment at the annual rate  of
    16  $1,513.    Effective  April  1, 2023, in the city of New York, or in the
    17  county of Rockland, Westchester, Nassau or  Suffolk  such  amount  shall
    18  increase  to  an  annual  rate of $3,087; and in the county of Dutchess,
    19  Putnam or Orange such amount shall increase to an annual rate of $1,543.
    20  Effective April 1, 2024, in the city of New York, or in  the  county  of
    21  Rockland,  Westchester,  Nassau or Suffolk such amount shall increase to
    22  an annual rate of $3,400; and in  the  county  of  Dutchess,  Putnam  or
    23  Orange such amount shall increase to an annual rate of $1,650. Effective
    24  April  1,  2025,  in the city of New York, or in the county of Rockland,
    25  Westchester, Nassau or Suffolk such amount shall increase to  an  annual
    26  rate  of  $4,000;  and  in the county of Dutchess, Putnam or Orange such
    27  amount shall increase  to  an  annual  rate  of  $2,000.  Such  location
    28  payments shall be in addition to and shall not be a part of an officer's
    29  or  employee's  basic  annual salary, and shall not affect or impair any
    30  performance advancements or other rights or benefits to which an officer
    31  or employee may be entitled by law,  provided,  however,  that  location
    32  payments  shall  be included as compensation for purposes of computation
    33  of overtime pay and for retirement purposes. For  the  sole  purpose  of
    34  continuing  eligibility for location pay in Monroe county, an officer or
    35  employee previously eligible to receive location pay on March  31,  1985
    36  who  is  on  an approved leave of absence or participates in an employer
    37  program to reduce  to  part-time  service  during  summer  months  shall
    38  continue  to  be eligible for said location pay upon return to full-time
    39  state service in Monroe county.
    40    § 3. Compensation for certain state officers and employees in  collec-
    41  tive negotiating units. 1. The provisions of this section shall apply to
    42  full-time  officers  and  employees  in  the collective negotiating unit
    43  designated as the rent regulation services negotiating unit.
    44    2. Effective March 30, 2023, the basic annual salary of  officers  and
    45  employees  in full-time employment status on the day before such payroll
    46  period shall be increased by three percent adjusted to the nearest whole
    47  dollar amount.
    48    3. Effective  March 28, 2024, the basic annual salary of officers  and
    49  employees  in full-time employment status on the day before such payroll
    50  period shall be increased by three percent adjusted to the nearest whole
    51  dollar amount.
    52    4. Effective March 27, 2025, the basic annual salary of  officers  and
    53  employees  in full-time employment status on the day before such payroll
    54  period  shall  be increased by three percent  adjusted  to  the  nearest
    55  whole dollar amount.

        A. 10528                            5
 
     1    5.  Notwithstanding  the  provisions  of subdivisions   two, three and
     2  four of this  section,  if  the basic annual salary  of  an  officer  or
     3  employee  to whom the provisions of this section apply is identical with
     4  the hiring rate,  job  rate, or step 1, 2, 3, 4, 5, or 6 of  the  salary
     5  grade  of his or her position on the effective dates  of  the  increases
     6  provided  in these  subdivisions,   such basic annual  salary  shall  be
     7  increased  to  the  hiring  rate,  step  1,  2, 3, 4, 5, 6, or job rate,
     8  respectively,  of  such salary grade as  contained  in  the  appropriate
     9  salary schedules in subparagraphs  1, 2 and 3 of paragraph e of subdivi-
    10  sion  1 of section 130 of the civil service law, as added by section one
    11  of this act, to  take  effect on  the  dates  provided  in subparagraphs
    12  1, 2 and 3 of such paragraph, respectively. The increases in basic annu-
    13  al salary provided by this subdivision shall be in lieu of any  increase
    14  in  basic annual salary provided for in subdivisions two, three and four
    15  of this section.
    16    6. Payments pursuant to the provisions of subdivision 6 of section 131
    17  of the civil service law for officers and  employees  entitled  to  such
    18  payments  to  whom the provisions of this section apply shall be payable
    19  in accordance with the terms of an agreement reached pursuant to article
    20  14 of the civil service law between the state and an employee  organiza-
    21  tion  representing  employees  in the collective negotiating unit desig-
    22  nated as the rent regulation services negotiating unit.
    23    7. If an unencumbered position is one which if  encumbered,  would  be
    24  subject  to  the provisions of this section, the salary of such position
    25  shall be increased by the salary  increase  amounts  specified  in  this
    26  section.  If  a  position is created and filled by the appointment of an
    27  officer or employee who is subject to the provisions  of  this  section,
    28  the  salary  otherwise  provided for such position shall be increased in
    29  the same manner as though such position had been in existence but  unen-
    30  cumbered.  Notwithstanding  the provisions of this section, the director
    31  of the budget may reduce the salary of any such  position  which  is  or
    32  becomes vacant.
    33    8.  The  increases  in  salary provided in subdivisions two, three and
    34  four of  this section shall apply on a prorated basis  to  officers  and
    35  employees,  otherwise eligible to receive an increase in salary, who are
    36  paid on an  hourly or per diem basis, employees serving on  a  part-time
    37  or seasonal basis and employees paid on any basis other than at an annu-
    38  al  salary rate. Notwithstanding the foregoing, the provisions of subdi-
    39  visions five and six of this section shall not apply to employees  serv-
    40  ing  on  a  seasonal  basis, except as determined by the director of the
    41  budget.
    42    9. In order to provide for the officers and  employees  to  whom  this
    43  section  applies  who  are not allocated to salary grades, increases and
    44  payments pursuant to this  section in proportion to  those  provided  to
    45  persons to whom this section applies who are allocated to salary grades,
    46  the  director of the budget is authorized to add appropriate adjustments
    47  and/or payments to the compensation which such  officers  and  employees
    48  are  otherwise  entitled  to  receive.  The director of the budget shall
    49  issue certificates which shall contain schedules of  positions  and  the
    50  salaries  and/or  payments thereof for which adjustments and/or payments
    51  are made pursuant to the provisions of this subdivision, and a  copy  of
    52  each  such  certificate  shall  be filed with the state comptroller, the
    53  state department of civil service, the chairman of  the  senate  finance
    54  committee and the chairman of the assembly ways and means committee.

        A. 10528                            6
 
     1    10.  Notwithstanding  any of the foregoing provisions of this section,
     2  the provisions of this section shall not apply to officers or  employees
     3  paid on a fee schedule basis.
     4    11.  Notwithstanding  any  of the foregoing provisions of this section
     5  except subdivision one, any increase in compensation for any officer  or
     6  employee  appointed  to a lower graded position from a redeployment list
     7  pursuant to subdivision 1 of section 79 of the  civil  service  law  who
     8  continues  to receive his or her former salary pursuant to such subdivi-
     9  sion shall be determined on the basis  of  such  lower  graded  position
    10  provided, however, that the increases in salary provided in subdivisions
    11  two,  three  and  four of this section shall not cause such officer's or
    12  employee's salary to exceed the job rate of such lower graded position.
    13    12. Notwithstanding any of the foregoing provisions of this section or
    14  any law to the contrary, any increase in compensation may be withheld in
    15  whole or in part from any  employee  to  whom  the  provisions  of  this
    16  section are applicable when, in the opinion of the director of the budg-
    17  et  and  the  director  of  employee  relations,  such  increase  is not
    18  warranted or is not appropriate for any reason.
    19    § 4. 1. Location compensation for certain state officers and employees
    20  in collective   negotiating   units.  Notwithstanding  any  inconsistent
    21  provisions  of  law, officers and employees, including seasonal officers
    22  and employees who shall receive the compensation provided  for  pursuant
    23  to  this  section  on  a  pro-rated basis, except part-time officers and
    24  employees, in the collective negotiating unit   designated as  the  rent
    25  regulation  services  negotiating unit, whose principal place of employ-
    26  ment or, in the case of a field  employee,  whose  official  station  as
    27  determined  in  accordance  with  the regulations of the comptroller, is
    28  located in the city of New York, or in the county of Rockland, Westches-
    29  ter, Nassau or Suffolk shall continue to receive a downstate  adjustment
    30  at  the  annual rate of $3,026. Such location payments shall increase to
    31  the following amounts:
    32    (a) Effective April 1, 2023: $3,087;
    33    (b) Effective April 1, 2024: $3,400; and
    34    (c) Effective April 1, 2025: $4,000.
    35    2. Such location payments shall be in addition to and shall not  be  a
    36  part  of  an  officer's or employee's basic annual salary, and shall not
    37  affect or impair any performance advancements or other rights  or  bene-
    38  fits  to  which an officer or employee may be entitled by law, provided,
    39  however, that location payments shall be included  as  compensation  for
    40  purposes of computation of overtime pay and for retirement purposes.
    41    § 5. 1. For employees in the rent regulation services unit, a one-time
    42  $3,000  signing bonus shall be paid to all eligible members of the unit.
    43  Such signing bonus shall not be part of basic annual salary.  Similarly,
    44  such  signing  bonus  shall  not  be subject to any salary increases and
    45  shall not be pensionable. Such signing bonus shall be prorated for those
    46  employees paid on any basis other than an annual basis.  Employees  paid
    47  on  a  part-time, hourly or per diem basis shall receive a signing bonus
    48  pro-rated on a basis reflecting the actual hours worked between December
    49  22, 2023 and April 24, 2024, for officers and employees on the  adminis-
    50  trative  payroll. To qualify, employees must be in continuous service in
    51  the Rent Regulation Services Unit between December 22,  2023  and  April
    52  24,  2024 as defined by paragraph (c) of subdivision 3 of section 130 of
    53  the civil service law. Employees who separate from state service between
    54  December 22, 2023 and April 24, 2024 shall  not  be  eligible  for  such
    55  signing  bonus unless they retire directly from active state employment.

        A. 10528                            7
 
     1  Such bonus shall be effective April 24, 2024 for officers and  employees
     2  on the administrative payroll.
     3    2.  Any  DC-37  represented employee that has already received a bonus
     4  payment pursuant to the collective bargaining agreement of another  unit
     5  or  as  a  management confidential employee shall be ineligible for this
     6  payment.
     7    § 6. Notwithstanding any other law to the contrary, where an agreement
     8  between the state and the employee organization that represents  employ-
     9  ees in the rent regulation services unit so provides, effective April 1,
    10  2025 longevity awards shall be paid in accordance with the terms of such
    11  agreement.
    12    § 7. Notwithstanding any other law to the contrary, where an agreement
    13  between  the state and the employee organization that represents employ-
    14  ees in the rent regulation services unit so  provides,  there  shall  be
    15  paid  a  higher education differential consistent with the terms of such
    16  agreement.
    17    § 8. Notwithstanding any inconsistent provision of law, where  and  to
    18  the  extent  that any agreement between the state and an employee organ-
    19  ization entered into pursuant to article 14 of the civil service law  so
    20  provides  on  behalf of  employees in the  collective  negotiating  unit
    21  designated as  the rent regulation services negotiating unit, the  state
    22  shall  contribute  an  amount designated in  such  agreement and for the
    23  period covered  by  such agreement to the  accounts  of  such  employees
    24  enrolled  for  dependent  care  deductions  pursuant to subdivision 7 of
    25  section 201-a of the state finance law. Such amounts shall be from funds
    26  appropriated in this act and shall not be part of  basic  annual  salary
    27  for overtime or retirement purposes.
    28    §  9. Notwithstanding any provision of law to the contrary, the appro-
    29  priations contained in this act shall be available to the state for  the
    30  payment  and  publication  of  grievance and arbitration settlements and
    31  awards pursuant to articles 31 and  33  of  the  collective  negotiating
    32  agreement  between  the state and the employee organization representing
    33  the collective  negotiating  unit  designated  as  the  rent  regulation
    34  services negotiating unit.
    35    §  10.  During  the  period April 2, 2023 through April 1, 2026, there
    36  shall be labor-management committees continued, administered and created
    37  pursuant to the terms of the agreement negotiated between the state  and
    38  an employee organization representing employees in the collective  nego-
    39  tiating unit designated as the rent regulation services negotiating unit
    40  established pursuant to article 14 of the civil service law which shall,
    41  after April 2, 2023, have the responsibility for discussing and attempt-
    42  ing to resolve matters of mutual concern and implementing any agreements
    43  reached.
    44    §  11.  The  salary  increases,  benefit  modifications, and any other
    45  modifications to the terms and conditions of employment provided for  by
    46  this  act  for state employees in the collective negotiating unit desig-
    47  nated as the rent  regulations  services  negotiating  unit  established
    48  pursuant to article 14 of the civil service law shall not be implemented
    49  until  the  director  of  employee relations shall have delivered to the
    50  director of the budget and the  comptroller  a  letter  certifying  that
    51  there  is in effect with respect to such negotiating unit a collectively
    52  negotiated agreement, ratified by the  membership,  which  provides  for
    53  such increases and modifications and which are fully executed in writing
    54  with the state pursuant to article 14 of the civil service law.
    55    § 12. The comptroller is authorized to pay any amounts required during
    56  the  fiscal year commencing April 1, 2023 by the foregoing provisions of

        A. 10528                            8
 
     1  this act for any state department or agency from  any  appropriation  or
     2  other  funds  available  to such state department or agency for personal
     3  service or for other related employee benefits during such fiscal  year.
     4  To  the  extent that such appropriations in any fund are insufficient to
     5  accomplish the purposes herein set forth, the director of the budget  is
     6  authorized to allocate to the various departments and agencies, from any
     7  appropriations  available in any fund, the amounts necessary to pay such
     8  amounts.
     9    § 13. No officer  or  employee  participating  in  a  special  annuity
    10  program  pursuant  to the provisions of article 8-C of the education law
    11  shall, by reason of an increase in compensation pursuant  to  this  act,
    12  suffer  any  reduction of the salary adjustment to which he or she would
    13  otherwise be entitled by reason of participation in  such  program,  and
    14  such salary adjustment shall be based upon the salary of such officer or
    15  employee without regard to the reduction authorized by such article.
    16    § 14. Notwithstanding the provisions of any other section of this act,
    17  or  any  other  law,  pending  payment pursuant to this act of the basic
    18  annual salaries of incumbents of positions subject  to  this  act,  such
    19  incumbents shall receive, as partial compensation for services rendered,
    20  the  rate  of  compensation  otherwise payable in their respective posi-
    21  tions. An incumbent holding a position subject to this act at  any  time
    22  during  the  period from April 1, 2023, until the time when basic annual
    23  salaries are first paid pursuant to this act for such services in excess
    24  of the compensation actually received therefor, shall be entitled  to  a
    25  lump  sum  payment  for  the difference between the salary to which such
    26  incumbent is entitled for such services and  the  compensation  actually
    27  received  therefor. Such lump sum payment shall be made as soon as prac-
    28  ticable.
    29    § 15. Notwithstanding any provision of the state finance   law or  any
    30  other  provision  of law to the contrary, the sum of five million, three
    31  hundred thousand dollars ($5,300,000)  is  hereby  appropriated  in  the
    32  general  fund/state  purposes account (10050) in miscellaneous-all state
    33  departments and agencies solely for apportionment/transfer by the direc-
    34  tor of the budget for use by any state department or agency in any  fund
    35  for  the fiscal   year beginning April 1, 2023 through March 31, 2025 to
    36  supplement appropriations for  personal  service,  other  than  personal
    37  service  and  fringe  benefits,  and to carry out the provisions of this
    38  act.  No money shall be available for expenditure  from  this  appropri-
    39  ation until a certificate of approval has been issued by the director of
    40  the  budget  and a copy of such certificate or any amendment thereto has
    41  been filed with the state comptroller, the chair of the  senate  finance
    42  committee  and  the  chair of the assembly ways and means committee. The
    43  monies hereby appropriated are available for payment of any  liabilities
    44  or  obligations  incurred  prior  to  or  during  the  state fiscal year
    45  commencing April 1, 2023 through March 31, 2025. For this purpose, these
    46  appropriations shall remain in full force and effect for the payment  of
    47  liabilities incurred on or before March 31, 2025.
    48    §  16.  Notwithstanding  any provision of the state finance law or any
    49  other provision of law to the contrary, the several amounts  as  herein-
    50  after  set  forth,  or  so  much thereof as may be necessary, are hereby
    51  appropriated from the fund so designated for use by any state department
    52  or agency for the fiscal year beginning April 1, 2023 through March  31,
    53  2025  to supplement   appropriations from each respective fund available
    54  for personal service, other than personal service and  fringe  benefits,
    55  and to carry out the provisions of this act. The monies hereby appropri-
    56  ated  are  available  for  payment  of  any  liabilities  or obligations

        A. 10528                            9
 
     1  incurred prior to or during the state fiscal year  commencing  April  1,
     2  2023 through March 31, 2025. No money shall be available for expenditure
     3  from  this appropriation until a certificate of approval has been issued
     4  by  the  director  of  the  budget and a copy of such certificate or any
     5  amendment thereto has been filed with the state comptroller,  the  chair
     6  of  the senate finance committee, and the chair of the assembly ways and
     7  means committee.
 
     8                     ALL STATE DEPARTMENTS AND AGENCIES
     9                              SPECIAL PAY BILLS
 
    10    General Fund/State Operations
    11    State Purposes Account - 003
    12    Non-Personal Service
 
    13  Joint Committee on Health Benefits ................. 7,493
    14  Employee    Assistance     Program/Work-Life
    15    Services/Family Benefits ........................ 20,524
    16  Employee Development and Training ................ 111,000
    17  Statewide Performance Rating Committee ............. 4,000
    18  Time & Attendance Umpire Process Admin ............. 4,000
    19  Disciplinary Panel Administration .................. 6,000
    20  Contract Administration ............................ 3,000
    21  Employee Benefit Fund ............................ 797,000
 
    22    §  17.  This  act shall take effect immediately and shall be deemed to
    23  have been in full force and effect on and after April 2, 2023. Appropri-
    24  ations made by this act shall  remain  in  full  force  and  effect  for
    25  liabilities incurred through March 31, 2025.
          REPEAL  NOTE: Subparagraphs 1 and 2 of paragraph e of subdivision 1 of
        section 130 of the civil service law are REPEALED by section 1  of  this
        act and are replaced with new subparagraphs 1, 2 and 3.
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