Provides for the adjustment of stipends of certain incumbents in the state university of New York and designating moneys therefor; continues a doctoral program recruitment and retention enhancement fund; continues work-life services and pre-tax programs; continues a professional development committee; continues a comprehensive college graduate program recruitment and retention fund; continues a fee mitigation fund; continues a downstate location fund; continues a joint labor management advisory board; continues an accidental death benefit; makes an appropriation therefor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8799
SPONSOR: Torres
 
TITLE OF BILL:
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 work-life services and pre-tax programs; to continue a
professional development committee; to continue a comprehensive college
graduate program recruitment and retention fund; to continue a fee miti-
gation fund; to continue a downstate location fund; to continue a joint
labor management advisory board; to continue an accidental death bene-
fit; and making an appropriation therefor
 
PURPOSE:
This bill would implement the terms of a collectively negotiated agree-
ment (hereafter "the Agreement") between the State of New York (hereaft-
er "State") and the CWA Local 1104/Graduate Students Employees Union
(hereafter "GSEU"), the employee organization representing members of
the State University Graduate Student Negotiating Unit (hereafter
"Unit") established pursuant to Article 14 of the Civil Service Law.
 
SUMMARY OF PROVISIONS:
Section 1 of this bill would provide for an increase in stipends for
eligible members of the Unit in the following amounts: a 3 percent annu-
al increase in the stipends effective on October 1, 2023; a 3 percent
annual increase in the stipends effective on October 1, 2024; and a 3
percent annual increase in the stipends effective on October 1, 2025.
Section 1 of the bill would also provide for an increase in the minimum
stipend to eligible members of the Unit and for a lump sum payment for
eligible members of the Unit. Only employees who were on the State
payroll on the payment effective date as well as at the time of payment
will be eligible to receive any retroactive increase.
Section 2 of this bill would continue the Doctoral Program Recruitment
and Retention Enhancement Fund from amounts appropriated in the bill, to
enhance employee compensation for the purpose of recruitment and
retention of new and existing doctoral students in selected programs,
and provide for the expiration of the program on July 1, 2026. 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.
Section 3 of this bill would continue the Comprehensive College Graduate
Program Recruitment and Retention Fund from amounts appropriated in the
bill, to enhance employee compensation for the purpose of recruitment
and retention of new and existing graduate students in selected degree
programs, and provide for the expiration of the program on July 1, 2026.
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.
Section 4 of this bill would continue the Fee Mitigation Fund from
amounts appropriated in the bill, for the purpose of funding the cost of
various fees including but not limited to technology fees, and provide
for the expiration of the program on July 1, 2026. 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.
Section 5 of this bill would continue the Downstate Location Fund from
the amounts appropriated in the bill, for the purpose of funding salary
adjustments in the downstate area for employees whose work site is New
York City, Suffolk, Nassau, Rockland, Westchester, Dutchess, Putnam, or
Orange counties or as otherwise agreed to by the parties, and provide
for the expiration of the program on July 1, 2026. 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.
Section 6 of this bill would continue the Joint Labor-Management Advi-
sory Board, which would study and make recommendations concerning issues
of family benefits. 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.
Section 7 of this bill would continue Work-Services Programs for gradu-
ate student employees, within appropriations available for that purpose,
and provide for the expiration of the program on July 1, 2026. 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.
Section 8 of this bill would continue the Professional Development
Committee to review, make recommendations, and implement programs for
professional development, and provide for the expiration of the program
on July 1, 2026. 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.
Section 9 of this bill would make the appropriations contained in this
bill available to the State for the payment of grievance and arbitration
awards as provided for in the collectively negotiated agreement.
Section 10 of this bill would continue the Accidental Death Benefit in
the amount of $50,000, payable to an employee's surviving spouse and
children or to the employee's estate in the event an employee dies on or
after July 2, 2007 as the result of an accidental on-the-job injury.
Section 11 of this bill would provide that the stipend adjustments and
benefit modifications provided in this bill would not be implemented
until the Director of the Budget and the Comptroller 2 receive a letter
certifying that there is in effect with respect to the unit a fully
executed and ratified collectively negotiated agreement.
Sections 12 through 14 of this bill would set forth the dates of enti-
tlement to the stipend increases and deferred payment of stipend
increases provided by this bill.
Section 15 of this bill would authorize and direct the Comptroller, at
the request of the Director of the Budget and in accordance with section
4 of the state finance law, to transfer up to $30,200,000 from the
general fund to carry out the provisions of section sixteen of this act.
Section 16 of this bill would set forth the use and amount of appropri-
ation necessary to implement this bill.
Section 17 of this bill would make it effective immediately and deem it
to have been in effect on and after July 2, 2023.
 
EXISTING LAW:
Chapter 337 of the Laws of 2019 addresses a variety of terms and condi-
tions of employment established by the previous collective bargaining
agreement for the members of the Unit for the period of July 2, 2019 to
July 1, 2023.
 
STATEMENT IN SUPPORT:
This bill is necessary to implement the terms of the collectively nego-
tiated agreement between the State and the GSEU, the employee organiza-
tion representing members of the State University Graduate Student Nego-
tiating Unit, in relation to the terms and conditions of employment of
members of the Unit, including but not limited to negotiated stipend
increases and programs.
 
BUDGET IMPLICATIONS:
This bill would provide appropriations totaling approximately $40
million, to cover the cost of the agreement, through the 2025-2026
fiscal year.
 
EFFECTIVE DATE:
This bill would take effect immediately and be deemed to have been in
effect on and after July 2, 2023.
STATE OF NEW YORK
________________________________________________________________________
8799
2025-2026 Regular Sessions
IN ASSEMBLY
June 6, 2025
___________
Introduced by M. of A. TORRES -- (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 work-life services and pre-tax programs; 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:
1 Section 1. Adjustment to stipends of certain incumbents in the state
2 university of New York. (a) The stipend as of academic year 2023-2024
3 for an incumbent of a position in the state university of New York in
4 the collective negotiating unit designated as the state university grad-
5 uate student negotiating unit in the state university of New York estab-
6 lished pursuant to article 14 of the civil service law, on September 30,
7 2023, shall be increased by three percent adjusted to the nearest whole
8 dollar, commencing the beginning of the payroll period the first day of
9 which is nearest to October 1, 2023. "Incumbent," as referenced in this
10 subdivision, shall be defined as members of the state university gradu-
11 ate student negotiating unit established pursuant to article 14 of the
12 civil service law who were employed by the state university of New York
13 on the effective date of the increase and at the time of payment.
14 (b) The stipend as of academic year 2024-2025 for an incumbent of a
15 position in the state university of New York in the collective negotiat-
16 ing unit designated as the state university graduate student negotiating
17 unit in the state university of New York established pursuant to article
18 14 of the civil service law, on September 30, 2024, shall be increased
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12015-02-5
A. 8799 2
1 by three percent adjusted to the nearest whole dollar, commencing the
2 beginning of the payroll period the first day of which is nearest to
3 October 1, 2024. "Incumbent," as referenced in this subdivision, shall
4 be defined as members of the state university graduate student negotiat-
5 ing unit established pursuant to article 14 of the civil service law who
6 were employed by the state university of New York on the effective date
7 of the increase and at the time of payment.
8 (c) The stipend as of academic year 2025-2026 for an incumbent of a
9 position in the state university of New York in the collective negotiat-
10 ing unit designated as the state university graduate student negotiating
11 unit in the state university of New York established pursuant to article
12 14 of the civil service law, on September 30, 2025, shall be increased
13 by three percent adjusted to the nearest whole dollar, commencing the
14 beginning of the payroll period the first day of which is nearest to
15 October 1, 2025. "Incumbent," as referenced in this subdivision, shall
16 be defined as members of the state university graduate student negotiat-
17 ing unit established pursuant to article 14 of the civil service law who
18 were employed by the state university of New York on the effective date
19 of the increase and at the time of payment.
20 (d) (i) This subdivision shall apply to employees in the collective
21 negotiating unit designated as the state university graduate student
22 negotiating unit in the state university of New York established pursu-
23 ant to article 14 of the civil service law.
24 (ii) The minimum stipend for academic year 2023-2024 shall increase by
25 three percent to $11,102 annually for employees on full assistantships
26 at University Centers and Health Science Centers effective concurrent
27 with the effective date of the increase in subdivision (a) of this
28 section commencing the beginning of the payroll period the first day of
29 which is nearest to October 1, 2023.
30 (iii) The minimum stipend for academic year 2024-2025 shall increase
31 by three percent to $11,435 annually for employees on full assistant-
32 ships at University Centers and Health Science Centers effective concur-
33 rent with the effective date of the increase in subdivision (b) of this
34 section commencing the beginning of the payroll period the first day of
35 which is nearest to October 1, 2024.
36 (iv) The minimum stipend for academic year 2025-2026 shall increase by
37 three percent to be $11,778 annually for employees on full assistant-
38 ships at University Centers and Health Science Centers effective concur-
39 rent with the effective date of the increase in subdivision (c) of this
40 section commencing the beginning of the payroll period the first day of
41 which is nearest to October 1, 2025.
42 (v) Effective July 1, 2026, the minimum annual stipend shall be
43 $18,000 for employees on full assistantships at university center
44 campuses and health science centers. Effective July 1, 2026, the mini-
45 mum annual stipend shall be $7,500 for employees on full assistantships
46 at comprehensive college campuses.
47 (vi) Effective October 1, 2025, the state shall pay those with full-
48 time assistantships a total of a lump sum, non-recurring, not on base
49 payment of $1,500. Individuals on less than full-time assistantships
50 shall be paid $750. To be eligible for payment, an individual must be
51 employed as of the effective date of the payment and the date of
52 payment.
53 (vii) Nothing herein shall prevent the state university of New York,
54 in its discretion, from increasing amounts paid to an incumbent of a
55 position of the state university graduate student negotiating unit in
56 the state university of New York established pursuant to article 14 of
A. 8799 3
1 the civil service law in addition to the minimum stipend provided,
2 however, that the amounts required for such other increases and the cost
3 of fringe benefits attributable to such other increases, as determined
4 by the comptroller, are made available to the state in accordance with
5 procedures established by the state university of New York.
6 (e) Notwithstanding any of the foregoing provisions of this section,
7 any increase in compensation or lump sum payment may be withheld in
8 whole or in part from any employee to whom the provisions of this
9 section are applicable when, in the opinion of the chancellor of the
10 state university of New York, the director of the budget, and the direc-
11 tor of the office of employee relations, such increase is not warranted
12 or is not appropriate.
13 § 2. Doctoral program recruitment and retention enhancement fund.
14 There is hereby continued, within the state university of New York, a
15 doctoral program recruitment and retention enhancement fund from the
16 amounts appropriated herein. Such fund shall be used to enhance employee
17 compensation for the purpose of recruitment and retention of new and
18 existing doctoral students in selected programs. The specific doctoral
19 programs eligible for enhanced compensation pursuant to this section
20 shall be at the discretion of the state university of New York. Pursuant
21 to the terms of the collective bargaining agreement, funds will be allo-
22 cated for these purposes upon mutual agreement of the parties from
23 available appropriations. To be eligible for such payment, an employee
24 must be employed on or after July 2, 2023 and at the time of payment.
25 This program shall expire July 1, 2026.
26 § 3. Comprehensive college graduate program recruitment and retention
27 fund. There is hereby continued, within the state university of New
28 York, a comprehensive college graduate program recruitment and retention
29 fund from the amounts appropriated herein. Such fund shall be used to
30 enhance employee compensation for the purpose of recruitment and
31 retention of new and existing graduate students in selected degree
32 programs. The specific graduate degree programs eligible for enhanced
33 compensation pursuant to this section shall be at the discretion of the
34 state university of New York. Pursuant to the terms of the collective
35 bargaining agreement, funds will be allocated for these purposes upon
36 mutual agreement of the parties from available appropriations. To be
37 eligible for such payment, an employee must be employed on or after July
38 2, 2023 and at the time of payment. This program shall expire July 1,
39 2026.
40 § 4. Fee mitigation fund. There is hereby continued, within the state
41 university of New York, a fee mitigation fund from the amounts appropri-
42 ated herein. Such fund shall be used for the purpose of funding the cost
43 of various fees, including but not limited to technology fees. Pursuant
44 to the terms of the collective bargaining agreement, funds will be allo-
45 cated for these purposes upon mutual agreement of the parties from
46 available appropriations. To be eligible for such payment, an employee
47 must be employed on or after July 2, 2023 and at the time of payment.
48 This program shall expire July 1, 2026.
49 § 5. Downstate location fund. There is hereby continued, within the
50 state university of New York, a downstate location fund from the amounts
51 appropriated herein. Such fund shall be used for the purpose of funding
52 location adjustments in the downstate area for employees whose work site
53 is New York City, Suffolk, Nassau, Rockland, Westchester, Dutchess,
54 Putnam or Orange counties or as defined by the parties by agreement. The
55 specific location adjustments funded pursuant to this section shall be
56 at the discretion of the state university of New York. Pursuant to the
A. 8799 4
1 terms of the collective bargaining agreement, funds will be allocated
2 for these purposes upon mutual agreement of the parties from available
3 appropriations. To be eligible for such payment, an employee must be
4 employed on or after July 2, 2023 and at the time of payment. This
5 program shall expire July 1, 2026.
6 § 6. Joint labor management advisory board. Pursuant to the terms of
7 an agreement negotiated between the state and the employee organization
8 representing employees in the collective negotiating unit designated as
9 the state university graduate student negotiating unit in the state
10 university of New York established pursuant to article 14 of the civil
11 service law, there shall be continued a joint labor management advisory
12 board to study and make recommendations concerning issues of work-life
13 services programs and implement agreements that may be entered into
14 between the state and such employee organization concerning such issues.
15 Pursuant to the terms of the collective bargaining agreement, funds will
16 be allocated for these purposes upon mutual agreement of the parties
17 from available appropriations.
18 § 7. Work-life services and pre-tax programs. Pursuant to the terms of
19 an agreement negotiated between the state and the employee organization
20 representing the collective negotiating unit designated as the state
21 university graduate student negotiating unit in the state university of
22 New York established pursuant to article 14 of the civil service law,
23 there shall be continued work-life services and pre-tax programs to be
24 administered in accordance with such agreement within the appropriations
25 made available therefor. Pursuant to the terms of the collective
26 bargaining agreement, funds will be allocated for these purposes upon
27 mutual agreement of the parties from available appropriations. This
28 program shall expire July 1, 2026.
29 § 8. Professional development committee. Pursuant to the terms of an
30 agreement negotiated between the state and the employee organization
31 representing the collective negotiating unit designated as the state
32 university graduate student negotiating unit in the state university of
33 New York established pursuant to article 14 of the civil service law,
34 there shall be continued a professional development committee to review,
35 make recommendations and implement programs for professional develop-
36 ment. Such program shall be administered in accordance with such agree-
37 ment within the appropriations made available therefor. Pursuant to the
38 terms of the collective bargaining agreement, these funds may be reallo-
39 cated for use by other joint committees upon mutual agreement of the
40 parties. This program shall expire July 1, 2026.
41 § 9. Notwithstanding any provision of law to the contrary, the appro-
42 priations contained in this act shall be available to the state for the
43 payment of grievance and arbitration settlements and awards provided for
44 in the collective negotiating agreement between the state and employee
45 organization representing the collective negotiating unit designated as
46 the state university graduate student negotiating unit in the state
47 university of New York established pursuant to article 14 of the civil
48 service law.
49 § 10. Accidental death benefit. Pursuant to the terms of an agreement
50 negotiated between the state and the employee organization representing
51 the collective negotiating unit designated as the state university grad-
52 uate student negotiating unit in the state university of New York estab-
53 lished pursuant to article 14 of the civil service law, there shall
54 continue to be a death benefit in the amount of fifty thousand dollars,
55 in the event an employee dies on or after July 2, 2007 as the result of
56 an accidental on-the-job injury and a death benefit is paid pursuant to
A. 8799 5
1 the workers' compensation law, payable by the state to the employee's
2 surviving spouse and children to whom the workers' compensation acci-
3 dental death benefit is paid, or to the employee's estate, and in the
4 same proportion as the workers' compensation accidental death benefit is
5 paid. Such program shall be administered in accordance with such agree-
6 ment within the appropriations made available therefor.
7 § 11. Stipend increases and benefit modifications. The stipend
8 increases and benefit modifications provided for by this act for state
9 employees and any incumbent, as defined by section one of this act, in
10 the collective negotiating unit designated as the state university grad-
11 uate student negotiating unit in the state university of New York estab-
12 lished pursuant to article 14 of the civil service law shall not be
13 implemented until the director of the governor's office of employee
14 relations has delivered to the director of the budget and the comp-
15 troller a letter certifying that there is in effect with respect to such
16 negotiating unit a collective negotiating agreement which provides for
17 such increases and modifications and which is ratified and fully
18 executed in writing with the state pursuant to article 14 of the civil
19 service law.
20 § 12. Date of entitlement to stipend increase. Notwithstanding the
21 provisions of this act or of any other provision of law to the contrary,
22 the stipend increase of any incumbent, as defined by section one of this
23 act, of the collective negotiating unit designated as the state univer-
24 sity graduate student negotiating unit in the state university of New
25 York established pursuant to article 14 of the civil service law, as
26 provided by this act, shall be added to the stipend of such incumbent at
27 the beginning of the payroll period the first day of which is nearest to
28 the effective date of such increase as provided in this act, or at the
29 beginning of the earlier of two payroll periods the first days of which
30 are nearest but equally near to the effective date of such increase as
31 provided in this act; provided, however, that for the purposes of deter-
32 mining the stipend of such employee upon reclassification, reallocation,
33 appointment, promotion, transfer, demotion, reinstatement or other
34 change of status, such stipend increase shall be deemed to be effective
35 on the date thereof as prescribed by this act, and the payment thereof
36 pursuant to this section on a date prior thereto, instead of on such
37 effective date, shall not operate to confer any additional compensation
38 rights or benefits on such employee. Payment of such stipend increase
39 may be deferred pursuant to section thirteen of this act.
40 § 13. Deferred payment of stipend increase. Notwithstanding the
41 provisions of this act, or of any other provision of law to the contra-
42 ry, pending payment of stipends pursuant to this act for any incumbent,
43 as defined by section one of this act, of positions subject to this act,
44 such incumbent shall receive, as partial compensation for services
45 rendered, the stipends otherwise payable in their respective position.
46 An incumbent, as defined by section one of this act, holding a position
47 subject to this act at any time during the period from July 2, 2023,
48 until the time when stipend increases are first paid pursuant to this
49 act for such services in excess of the compensation actually received
50 therefor, shall be entitled to a lump sum payment for the difference
51 between the stipend to which such incumbent is entitled for such service
52 and the stipend actually received therefor. Such lump sum payment shall
53 be made as soon as practicable.
54 § 14. Use of appropriations. Notwithstanding any provision of the
55 state finance law or any other provision of law to the contrary, the
56 state comptroller is authorized to pay any amounts required by the fore-
A. 8799 6
1 going provisions of this act. To the extent that existing appropriations
2 available to any state department or agency in any fund are insufficient
3 to accomplish the purposes set forth in this section, the director of
4 the budget is authorized to allocate to the various departments and
5 agencies, from any appropriations available in any fund, the amounts
6 necessary to make such payments. Any appropriations or other funds
7 available to any state department or agency for personal service or for
8 other related employee benefits during the fiscal year commencing April
9 1, 2025 shall be available for the payment of any liabilities or obli-
10 gations incurred pursuant to the foregoing provisions of this act,
11 whether occurring prior to or during the state fiscal year commencing
12 April 1, 2025.
13 § 15. Notwithstanding any provision of the state finance law or any
14 other provision of law to the contrary, the sum of $30,200,000 is hereby
15 appropriated in the general fund/state purposes account (10050) in
16 miscellaneous-all state departments and agencies solely for
17 apportionment/transfer by the director of the budget for use by any
18 state department or agency in any fund for the fiscal year beginning
19 April 1, 2025 to supplement appropriations for personal service, other
20 than personal service and fringe benefits, and to carry out the
21 provisions of this act. The monies hereby appropriated are available for
22 payment of any liabilities or obligations incurred prior to or during
23 the state fiscal year commencing April 1, 2025. For this purpose, these
24 appropriations shall remain in full force and effect for the payment of
25 liabilities incurred on or before March 31, 2026.
26 § 16. Notwithstanding any provision of the state finance law to the
27 contrary, the several amounts as hereinafter set forth, or so much ther-
28 eof as may be necessary, are hereby appropriated for the fiscal year
29 beginning April 1, 2023 to supplement appropriations available for
30 personal service, other than personal service and fringe benefits, and
31 to carry out the provisions of this act. Moreover, the amounts appropri-
32 ated as nonpersonal service may be suballocated/transferred to any state
33 department or agency as needed. The monies hereby appropriated are
34 available for payment of any liabilities or obligations incurred prior
35 to or during the state fiscal year commencing April 1, 2023. For this
36 purpose, these appropriations shall remain in full force and effect for
37 the payment of liabilities incurred on or before March 31, 2026. No
38 money shall be available for expenditure from this appropriation until a
39 certification of approval has been issued by the director of the budget
40 and such certificate or any amendment thereto has been filed with the
41 state comptroller, the chairperson of the senate finance committee, and
42 the chairperson of the assembly ways and means committee.
43 ALL STATE DEPARTMENTS AND AGENCIES
44 General Fund / State Operations
45 State Purposes Account - 10050
46 MAINTENANCE UNDISTRIBUTED
47 Doctoral Program Recruitment and Retention
48 Enhancement Fund, Comprehensive College
49 Graduate Program Recruitment and Retention
50 Fund, Fee Mitigation Fund, Downstate
51 Location Fund, Statewide Professional
A. 8799 7
1 Development Committee, Pre-Tax and Work-
2 Life Services Programs ....................... 9,700,000
3 § 17. This act shall take effect immediately and shall be deemed to
4 have been in full force and effect on and after July 2, 2023.