NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4542
SPONSOR: Abbate TITLE OF BILL:
An act to amend the civil service law, in relation to compensation,
benefits and other terms and conditions of employment of certain state
officers and employees; to implement agreements between the state and an
employee organization; making an appropriation for the purpose of effec-
tuating certain provisions thereof; and to repeal certain provisions of
the civil service law relating thereto (Part A); and to amend the civil
service law and the correction law, in relation to salaries; to imple-
ment agreements between the state and an employee organization; to
repeal certain provisions of such laws relating thereto; and making an
appropriation for the purpose of effectuating certain provisions hereof
(Part B)
PURPOSE:
Part A of this bill would implement the terms of a collective bargaining
agreement ("the Agreement"), entered into pursuant to Article 14 of the
Civil Service Law ("CSL"), between the Executive Branch of the State of
New York and the employee organization representing members of the
collective negotiating unit designated as the Professional, Scientific
and Technical Services Unit ("PS&T Unit").
Part B of this bill would provide the State's approximately 11,000 annu-
al-salaried unrepresented Executive Branch employees who are prohibited
from collective negotiations by Article 14 of the CSL, including manage-
rial or confidential ("M/C") employees, with the same increases in
compensation received by employees represented by employee organiza-
tions.
SUMMARY OF PROVISIONS:
Part A of the Bill:
Section 1 of Part A of this bill would repeal subparagraph 1 of CSL §
130(1)(c) and replace it with new subparagraphs 1, 2, and 3 to provide
new salary schedules for officers and employees in the PS&T Unit for the
period April 2, 2016 to April 1, 2019.
Section 2 of Part A of this bill would provide for increases in compen-
sation for covered members of the PS&T Unit, including: (i) a two
percent basic annual salary increase effective April 7, 2016 for offi-
cers and employees on the administrative payroll, and effective March
31, 2016 for officers and employees on the institutional payroll; (ii) a
two percent basic annual salary increase effective April 6, 2017 for
officers and employees on the administrative payroll, and effective
March 30, 2017 for officers and employees on the institutional payroll;
(iii) a two percent basic annual salary increase effective April 5, 2018
for officers and employees on the administrative payroll, and effective
March 29, 2018 for officers and employees on the institutional payroll;
and (iv) performance advancement payments to covered members of the PS&T
Unit pursuant to CSL § 131(6).
This section also would give the Director of the Budget and the Director
of Employee Relations discretion to withhold all or a portion of a unit
members' salary increase, where appropriate or warranted.
Section 3 of Part A of this bill would continue existing location
compensation for employees whose principal place of employment is
located in the counties of Monroe, Rockland, Westchester, Nassau,
Suffolk, Dutchess, Putnam, and Orange, or the city of New York. For the
county of Monroe, only employees who were eligible on March 31, 1985 to
receive location compensation shall be eligible for continued location
compensation of $200 per year. Employees in New York City or in the
counties of Rockland, Westchester, Nassau or Suffolk continue to receive
location compensation at the annual rate of $3,026. Employees in the
counties of Dutchess, Putnam or Orange continue to receive location
compensation at the annual rate of $1,513. If an employee is on an
approved leave of absence for less than one year or participates in an
employer program to work part-time during the summer months, prior
eligibility for location pay would continue upon return to full-time
State service in Monroe County.
Section 4 of Part A of this bill would continue location compensation
for certain officers and employees of the Hudson Valley Developmental
Disabilities Services Office.
Section 5 of Part A of this bill would continue special assignment to
duty pay in the form of an annual lump sum payment to certain employees
in. a particular assignment deemed qualified under the terms of the
Agreement. This payment will expire on April 1, 2019, unless an exten-
sion is negotiated by the parties.
Section 6 of Part A of this bill would provide for an annual lump sum
payment to longterm seasonal employees in an amount specified by, and
subject to, the qualifying criteria established by the Agreement. This
payment will expire on March 31, 2019.
Section 7 of Part A of this bill would authorize contributions to
employee dependent care accounts in amounts and for the time period
designated in the Agreement.
Section 8 of Part A of this bill would provide for the payment and
publication of grievance and arbitration settlements and awards between
the State and the employee organization representing employees who are
members of the PS&T Unit.
Section 9 of Part A of this bill would provide that statewide labor-man-
agement committees, administered pursuant to the terms of the Agreement,
shall be responsible for studying and making recommendations concerning
major issues of productivity, the quality of work life and health bene-
fits, and implementing the agreements reached.
Section 10 of Part A of this bill would provide for inconvenience pay to
continue at a rate of $575 per year for eligible employees who work four
or more hours between the hours of 6:00 p.m. and 6:00 a.m.
Section 11 of Part A of this bill would provide for the payment of a
lump sum Firearms Training and Safety Incentive to qualified peace offi-
cers who are members of the PS&T Unit pursuant to the terms of a program
collectively negotiated between the State and the employee organization
representing such members. This program will expire on April 1, 2019,
unless an extension is negotiated by the parties.
Section 12 of Part A of this bill would provide for the payment of a
lump sum uniform allowance to certain employees of the Office of Fire
Prevention and Control in the Fire Protection Specialist title series if
there is a policy in place that requires employees to wear uniforms, in
accordance with the terms of a negotiated side letter to the Agreement.
This allowance will expire on April 1, 2019, unless an extension is
negotiated by the parties.
Section 13 of Part A of this bill would require that, prior to any sala-
ry increases and benefit modifications provided by this bill, the Direc-
tor of the Budget and the State Comptroller must receive a letter from
the Director of the Governor's Office of Employee Relations certifying
that the Agreement has been ratified by the membership.
Section 14 of Part A of this bill would set the date upon which incum-
bent members of the PS&T Unit would receive the salary increases
provided by the Agreement.
Section 15 of Part A of this bill would authorize a lump sum payment for
retroactive salary increases and compensation modifications deemed in
effect on April 1, 2016, as provided for by Part A of this bill.
Section 16 of Part A of this bill would authorize the State Comptroller
to pay any amounts required by this bill during the fiscal year commenc-
ing April 1, 2016 through March 31, 2018 for any state department or
agency from any appropriation or other funds available to such state
department or agency for personal service or for any other related
employee benefits during such fiscal year. To the extent that such
appropriations in any fund are insufficient, 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 pay
such amounts.
Section 17 of Part A of this bill would provide that employees who
participate in a special annuity program under Article 8-C of the Educa-
tion 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 Part A of this bill.
Section 18 of Part A of this bill would provide for a lump sum appropri-
ation for personal and non-personal services, and for salary adjustments
for use by state departments or agencies, to carry out the provisions of
Part A of this bill.
Section 19 of Part A of this bill would provide that certain funds for
statewide labor management committees are appropriated for use by the
state departments' or agencies' Labor Management Committees to carry out
the provisions of Part A of this bill.
Section 20 of Part A of this bill would require it to become effective
immediately, and deem it to have been in full force and effect on and
after April 2, 2016. Appropriations made by Part A of this bill would
remain in full force and effect for liabilities incurred through March
31, 2018.
PART B OF THE BILL:
Section 1 of Part B of this bill would repeal CSL § 130(1)(d) and
replace it with a new paragraph (d), establishing new salary schedules
for competitive, noncompetitive, and labor class employees designated
M/C, or who are otherwise not in, or excluded from representation rights
in, any recognized or certified negotiating unit.
Section 2 of Part B of this bill would repeal Correction Law § 19(1) and
replace it with a new subdivision 1 providing new salary schedules for
superintendents of correctional facilities.
Section 3 of Part B of this bill would authorize an increase in basic
annual salary of: (i) two percent effective April 1, 2016; (ii) four
percent effective April 1, 2017, consisting of two percent pursuant to
the parity pay increase provided by Part H of Chapter 55 of the Laws of
2015 and two percent pursuant to a general salary increase for 2017 in
accordance with this bill; and (iii) three percent effective April 1,
2018, consisting of one percent pursuant to the parity pay increase
provided by Part H of Chapter 55 of the Laws of 2015 and two percent
pursuant to a general salary increase for 2018 in accordance with this
bill. Additionally, this section would provide for performance advances,
merit awards and longevity payments for non-statutorily paid employees.
Sections 4 and 5 of Part B of this bill would provide salary increases
and lump sum payments consistent with the salary increases provided in
Section 3 of Part B of this bill for certain State officers and employ-
ees in the Division of State Police, certain State employees in the
State University of New York, and certain employees of the contract
colleges at Cornell and Alfred Universities.
Section 6 of Part B of this bill would continue existing location
compensation for certain employees whose principal place of employment
is located the counties of Monroe, Rockland, Westchester, Nassau,
Suffolk, Dutchess, Orange and, Putnam, or the city of New York. For the
county of Monroe, only employees hired before March 31, 1985 shall be
eligible for continued location compensation of $200 per year. Employees
in New York City, or in the counties of Rockland, Westchester, Nassau or
Suffolk shall receive location compensation at the annual rate of
$3,026. Employees in the counties of Dutchess, Putnam or Orange continue
to receive location compensation at the annual rate of $1,513.
Section 7 of Part B of this bill would continue location compensation
for certain officers and employees of the Hudson Valley Developmental
Disabilities Services Office.
Section 8 of Part B of this bill would provide for the continuation of
an overtime meal allowance for employees covered by this part.
Section 9 of Part B of this bill would continue authorization for
payment of grievance settlements and awards pursuant to Executive Order
No. 42, and title 9, part 560 of the official compilation of codes,
rules and regulations of the state of New York, which applies to M/C
employees.
Section 10 of Part B of this bill would authorize the State Comptroller
to make payments required during the fiscal years commencing April 1,
2016 through March 31, 2018 for any state department or agency from any
appropriation or other funds available to such state department or agen-
cy for personal service or for any other related employee benefits
during such fiscal year. To the extent that such appropriations in any
fund are insufficient, the Director of the Budget is authorized to allo-
cate to the various departments and agencies, from any appropriations
available in any fund, the amounts necessary to pay such amounts.
Section 11 of Part B of this bill would provide that employees who
participate in a special annuity program under Article 8-C of the Educa-
tion 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 12 of Part B of this bill would provide that salary increases,
pursuant to this bill, shall be effective on the first day of the first
pay period nearest to the effective date of any such salary increase.
Section 13 of Part B of this bill would authorize a lump sum payment for
retroactive salary increases and compensation modifications deemed in
effect on April 1; 2016, as provided for by this bill.
Section 14 of Part B of this bill would provide that the Director of the
Budget may withhold any salary increase in order to: (i) reflect the job
performance of an officer or of an employee; (ii) maintain appropriate
salary relationships among employees; (iii) reduce state expenditures to
acceptable levels; or (iv) determine whether such increase is not
warranted or appropriate. Additionally, this section would provide that
nothing in this bill shall alter the authority of the Director of the
Budget to withhold a parity pay increase in accordance with the authori-
ty granted to the Director of the Budget by Part H of Chapter 55 of the
Laws of 2015. Further, as a result of an exercise of the Director of the
Budget's authority under Part B of this bill, or Part H of Chapter 55 of
the Laws of 2015, to withhold any increase, the salary schedules in
section one may be implemented and/or modified by the Director of the
Budget, consistent with the provision or withholding of salary
increases.
Section 15 of Part B of this bill would provide for a lump sum appropri-
ation for personal and non-personal services, and for salary adjustments
for use by State departments or agencies, to carry out the provisions of
this part.
Section 16 of Part B of this bill would appropriate additional funding
to supplement currently available appropriations to carry out the bene-
fits and training and development programs. In addition, funding is
included to cover the pro rata M/C share of negotiated programs.
Section 17 of Part B of this bill would require it take effect imme-
diately, and deem it to have been in full force and effect on and after
April 1, 2016. Appropriations made by Part B of this bill would remain
in full force and effect for liabilities incurred through March 31,
2018.
STATEMENT IN SUPPORT:
PART A OF THE BILL:
Enactment of Part A of this bill is necessary to implement the
provisions of the collective bargaining agreement, negotiated by the
Executive Branch of the State of New York with the Public Employees
Federation, AFL-CIO, on behalf of members of the PS&T Unit. Approxi-
mately 47,000 annual salaried Executive Branch employees are covered by
the Agreement, which includes a variety of professional, scientific and
technical titles including information technology professionals, nurses,
accountants, lawyers, engineers, and physicians.
The prior agreement governing these employees expired on April 1, 2016.
This new Agreement covers the time period April 2, 2016, to April 1,
2019. Under Article 14 of the CSL, the Agreement is binding on all
parties to it. Part A of this bill incorporates the terms of that Agree-
ment related to salary increases and benefit modifications and appropri-
ates funds necessary to pay for it in accordance with the State's obli-
gations.
PART B OF THIS BILL:
Enactment of Part B of this bill is necessary to establish terms and
conditions of employment for approximately 11,000 annual-salaried Execu-
tive Branch M/C and other unrepresented employees.
Part B of this bill would provide M/C and other unrepresented employees
with compensation increases and payments that are comparable to recently
negotiated increases and payments for certain represented employees.
Such parity is essential to maintain proper salary relationships and
mitigate salary compression, assure productivity, maintain good morale,
and to allow for the recruitment and retention of competent staff
BUDGET IMPLICATIONS:
Part A of this bill would provide appropriations totaling approximately
$343 million to pay for the cost of the Agreement during the period
April 2, 2016 to March 31, 2018.
Part B of this bill would provide appropriations totaling approximately
$112 million to pay for its cost during the period April 1, 2016 to
March 31, 2018.
STATE OF NEW YORK
________________________________________________________________________
4542
2017-2018 Regular Sessions
IN ASSEMBLY
February 2, 2017
___________
Introduced by M. of A. ABBATE -- (at request of the Governor) -- read
once and referred to the Committee on Governmental Employees
AN ACT to amend the civil service law, in relation to compensation,
benefits and other terms and conditions of employment of certain state
officers and employees; to implement agreements between the state and
an employee organization; making an appropriation for the purpose of
effectuating certain provisions thereof; and to repeal certain
provisions of the civil service law relating thereto (Part A); and to
amend the civil service law and the correction law, in relation to
salaries; to implement agreements between the state and an employee
organization; to repeal certain provisions of such laws relating ther-
eto; and making an appropriation for the purpose of effectuating
certain provisions hereof (Part B)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act enacts into law legislation necessary to implement
2 a collective bargaining agreement, to make changes to an existing
3 collective bargaining agreement, and to implement changes to salary and
4 benefits for certain state officers and employees excluded from collec-
5 tive negotiating units. Each component is wholly contained within a Part
6 identified as Parts A through B. The effective date for each particular
7 provision contained within such Part is set forth in the last section of
8 such Part. Any provision in any section contained within a Part,
9 including the effective date of the Part, which makes reference to a
10 section "of this act", when used in connection with that particular
11 component, shall be deemed to mean and refer to the corresponding
12 section of the Part in which it is found. Section two of this act sets
13 forth the general severability clause applying to this act. Section
14 three of this act sets forth the general effective date of this act.
15 PART A
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12005-01-7
A. 4542 2
1 COLLECTIVE BARGAINING AGREEMENT BETWEEN
2 THE STATE OF NEW YORK AND THE PUBLIC
3 EMPLOYEES FEDERATION FOR 2016-2019
4 Section 1. Subparagraph 1 of paragraph c of subdivision 1 of section
5 130 of the civil service law is REPEALED and three new subparagraphs 1,
6 2 and 3 are added to read as follows:
7 (1) Effective April seventh, two thousand sixteen for officers and
8 employees on the administrative payroll and effective March thirty-
9 first, two thousand sixteen for officers and employees on the institu-
10 tional payroll:
11 PEF SALARY SCHEDULE
12 EFFECTIVE April 7, 2016 (ADMIN)
13 EFFECTIVE March 31, 2016 (INST)
14 HIRINGJOBADVANCEJOB RATE
15 SGRATERATEAMOUNTADVANCE
16 1$22,407$28,914$930$927
17 2$23,257$30,080$975$973
18 3$24,395$31,551$1,023$1,018
19 4$25,490$33,021$1,073$1,093
20 5$26,697$34,595$1,129$1,124
21 6$28,129$36,421$1,184$1,188
22 7$29,708$38,392$1,233$1,286
23 8$31,344$40,417$1,276$1,417
24 9$33,090$42,589$1,323$1,561
25 10$34,967$44,956$1,381$1,703
26 11$36,971$47,501$1,471$1,704
27 12$39,044$50,019$1,522$1,843
28 13$41,317$52,870$1,583$2,055
29 14$43,690$55,774$1,691$1,938
30 15$46,162$58,853$1,753$2,173
31 16$48,752$62,050$1,820$2,378
32 17$51,488$65,547$1,907$2,617
33 18$54,406$69,182$1,868$3,568
34 19$57,354$72,841$1,946$3,811
35 20$60,290$76,484$2,027$4,032
36 21$63,487$80,501$2,116$4,318
37 22$66,900$84,707$2,205$4,577
38 23$70,438$89,095$2,296$4,881
39 24$74,190$93,659$2,385$5,159
40 25$78,283$98,669$2,486$5,470
41 26$82,407$101,577$2,587$3,648
42 27$86,866$106,993$2,724$3,783
43 28$91,442$112,307$2,830$3,885
44 29$96,235$117,862$2,938$3,999
45 30$101,264$123,647$3,047$4,101
46 31$106,661$129,843$3,161$4,216
47 32$112,332$136,259$3,267$4,325
48 33$118,442$143,122$3,375$4,430
49 34$124,751$150,251$3,492$4,548
50 35$131,219$157,505$3,604$4,662
51 36$137,814$164,967$3,728$4,785
52 37$145,047$173,012$3,844$4,901
53 38$135,322
54 (2) Effective April sixth, two thousand seventeen for officers and
55 employees on the administrative payroll and effective March thirtieth,
A. 4542 3
1 two thousand seventeen for officers and employees on the institutional
2 payroll:
3 PEF SALARY SCHEDULE
4 EFFECTIVE April 6, 2017 (ADMIN)
5 EFFECTIVE March 30, 2017 (INST)
6 HIRINGJOBADVANCEJOB RATE
7 SGRATERATEAMOUNTADVANCE
8 1$22,855$29,494$949$945
9 2$23,722$30,685$994$999
10 3$24,883$32,180$1,043$1,039
11 4$26,000$33,679$1,094$1,115
12 5$27,231$35,286$1,152$1,143
13 6$28,692$37,150$1,208$1,210
14 7$30,302$39,160$1,257$1,316
15 8$31,971$41,227$1,302$1,444
16 9$33,752$43,443$1,349$1,597
17 10$35,666$45,857$1,409$1,737
18 11$37,710$48,451$1,501$1,735
19 12$39,825$51,021$1,552$1,884
20 13$42,143$53,927$1,614$2,100
21 14$44,564$56,888$1,725$1,974
22 15$47,085$60,028$1,788$2,215
23 16$49,727$63,293$1,857$2,424
24 17$52,518$66,855$1,945$2,667
25 18$55,494$70,566$1,906$3,636
26 19$58,501$74,301$1,985$3,890
27 20$61,496$78,014$2,068$4,110
28 21$64,757$82,113$2,159$4,402
29 22$68,238$86,398$2,249$4,666
30 23$71,847$90,876$2,342$4,977
31 24$75,674$95,534$2,432$5,268
32 25$79,849$100,645$2,536$5,580
33 26$84,055$103,609$2,639$3,720
34 27$88,603$109,133$2,779$3,856
35 28$93,271$114,553$2,886$3,966
36 29$98,160$120,219$2,997$4,077
37 30$103,289$126,120$3,108$4,183
38 31$108,794$132,440$3,224$4,302
39 32$114,579$138,984$3,332$4,413
40 33$120,811$145,984$3,442$4,521
41 34$127,246$153,256$3,562$4,638
42 35$133,843$160,655$3,676$4,756
43 36$140,570$168,266$3,802$4,884
44 37$147,948$176,472$3,921$4,998
45 38$138,028
46 (3) Effective April fifth, two thousand eighteen for officers and
47 employees on the administrative payroll and effective March twenty-ninth,
48 two thousand eighteen for officers and employees on the institutional
49 payroll:
A. 4542 4
1 PEF SALARY SCHEDULE
2 EFFECTIVE April 5, 2018 (ADMIN)
3 EFFECTIVE March 29, 2018 (INST)
4 HIRING JOB ADVANCE JOB RATE
5 SG RATE RATE AMOUNT ADVANCE
6 1$23,312$30,083$968$963
7 2$24,196$31,299$1,014$1,019
8 3$25,381$32,826$1,064$1,061
9 4$26,520$34,355$1,116$1,139
10 5$27,776$35,995$1,175$1,169
11 6$29,266$37,891$1,232$1,233
12 7$30,908$39,941$1,283$1,335
13 8$32,610$42,051$1,328$1,473
14 9$34,427$44,311$1,376$1,628
15 10$36,379$46,772$1,437$1,771
16 11$38,464$49,417$1,531$1,767
17 12$40,622$52,039$1,583$1,919
18 13$42,986$55,008$1,647$2,140
19 14$45,455$58,028$1,759$2,019
20 15$48,027$61,229$1,824$2,258
21 16$50,722$64,557$1,894$2,471
22 17$53,568$68,192$1,984$2,720
23 18$56,604$71,980$1,944$3,712
24 19$59,671$75,785$2,024$3,970
25 20$62,726$79,577$2,109$4,197
26 21$66,052$83,752$2,202$4,488
27 22$69,603$88,124$2,294$4,757
28 23$73,284$92,693$2,389$5,075
29 24$77,187$97,448$2,481$5,375
30 25$81,446$102,661$2,587$5,693
31 26$85,736$105,681$2,692$3,793
32 27$90,375$111,316$2,834$3,937
33 28$95,136$116,844$2,944$4,044
34 29$100,123$122,623$3,057$4,158
35 30$105,355$128,642$3,170$4,267
36 31$110,970$135,089$3,288$4,391
37 32$116,871$141,764$3,399$4,499
38 33$123,227$148,904$3,511$4,611
39 34$129,791$156,321$3,633$4,732
40 35$136,520$163,868$3,750$4,848
41 36$143,381$171,631$3,879$4,976
42 37$150,907$180,001$3,999$5,100
43 38$140,789
44 § 2. Compensation for certain state officers and employees in collec-
45 tive negotiating units. 1. The provisions of this section shall apply
46 to annual-salaried officers and employees in the collective negotiating
47 unit designated as the professional, scientific and technical services
48 unit established pursuant to article 14 of the civil service law.
49 2. Effective April 7, 2016 for officers and employees on the adminis-
50 trative payroll and effective March 31, 2016 for officers and employees
51 on the institutional payroll, the basic annual salary of officers and
52 employees in full-time employment status on the day before such payroll
53 period shall be increased by two percent adjusted to the nearest whole
54 dollar amount.
A. 4542 5
1 3. Effective April 6, 2017 for officers and employees on the adminis-
2 trative payroll and effective March 30, 2017 for officers and employees
3 on the institutional payroll, the basic annual salary of officers and
4 employees in full-time employment status on the day before such payroll
5 period shall be increased by two percent adjusted to the nearest whole
6 dollar amount.
7 4. Effective April 5, 2018 for officers and employees on the adminis-
8 trative payroll and effective March 29, 2018 for officers and employees
9 on the institutional payroll, the basic annual salary of officers and
10 employees in full-time employment status on the day before such payroll
11 period shall be increased by two percent adjusted to the nearest whole
12 dollar amount.
13 5. Notwithstanding the provisions of subdivisions two, three and four
14 of this section, if the basic annual salary of an officer or employee to
15 whom the provisions of this section apply is identical with the hiring
16 rate or the job rate of the salary grade of his or her position on the
17 effective dates of the increases provided in these subdivisions, such
18 basic annual salary shall be increased to the hiring rate or job rate,
19 respectively, of such salary grade as contained in the appropriate sala-
20 ry schedules in subparagraphs 1, 2 and 3 of paragraph c of subdivision 1
21 of section 130 of the civil service law, as added by section one of this
22 act, to take effect on the dates provided in such subparagraphs. Except
23 as herein provided to the contrary, the increases in basic annual salary
24 provided by this subdivision shall be in lieu of any increase in basic
25 annual salary provided for in subdivisions two, three and four of this
26 section.
27 6. Payments pursuant to the provisions of subdivision 6 of section 131
28 of the civil service law for annual salaried officers and employees
29 entitled to such payments to whom the provisions of this section apply
30 shall be payable in accordance with the terms of an agreement reached
31 pursuant to article 14 of the civil service law between the state and an
32 employee organization representing employees subject to the provisions
33 of this section.
34 7. If an unencumbered position is one which if encumbered, would be
35 subject to the provisions of this section, the salary of such position
36 shall be increased by the salary increase amounts specified in this
37 section. If a position is created, and filled by the appointment of an
38 officer or employee who is subject to the provisions of this section,
39 the salary otherwise provided for such position shall be increased in
40 the same manner as though such position had been in existence but unen-
41 cumbered. Notwithstanding the provisions of this section, the director
42 of the budget may reduce the salary of any such position which is or
43 becomes vacant.
44 8. The increases in salary provided in subdivisions two, three and
45 four of this section shall apply on a prorated basis to officers and
46 employees, otherwise eligible to receive an increase in salary, who are
47 paid on an hourly or per diem basis, employees serving on a part-time or
48 seasonal basis, and employees paid on any basis other than at an annual
49 salary rate. Notwithstanding the foregoing, the provisions of subdivi-
50 sions five, six and thirteen of this section shall not apply to employ-
51 ees serving on a per diem or seasonal basis, except as determined by the
52 director of the budget.
53 9. In order to provide for the officers and employees to whom this
54 section applies but are not allocated to salary grades, but are paid on
55 an annual basis, increases and payments pursuant to subdivisions six and
56 thirteen of this section in proportion to those provided to persons to
A. 4542 6
1 whom this section applies who are allocated to salary grades, the direc-
2 tor of the budget is authorized to add appropriate adjustments and/or
3 payments to the compensation which such officers and employees are
4 otherwise entitled to receive. The director of the budget shall issue
5 certificates which shall contain schedules of positions and the salaries
6 and/or payments thereof for which adjustments and/or payments are made
7 pursuant to the provisions of this subdivision, and a copy of each such
8 certificate shall be filed with the state comptroller, the department of
9 civil service, the chair of the senate finance committee and the chair
10 of the assembly ways and means committee.
11 10. Notwithstanding any other provision of this section, the
12 provisions of this section shall not apply to officers or employees paid
13 on a fee schedule basis, provided however, that the increases in basic
14 annual salary provided for in subdivisions two, three and four of this
15 section shall apply to fire instructors paid on a fee schedule basis
16 employed by the division of homeland security and emergency services.
17 11. Notwithstanding any other provision of this section, except subdi-
18 vision one, any increase in compensation for any officer or employee
19 appointed to a lower graded position from a redeployment list pursuant
20 to subdivision 1 of section 79 of the civil service law who continues to
21 receive his or her former salary pursuant to such subdivision shall be
22 determined on the basis of such lower graded position provided, however,
23 that the increase in salary provided in this section shall not cause
24 such officer's or employee's salary to exceed the job rate of such lower
25 graded position.
26 12. Notwithstanding any other provision of this section or any law to
27 the contrary, any increase in compensation may be withheld in whole or
28 in part from any employee to whom the provisions of this section are
29 applicable when, in the opinion of the director of the budget and the
30 director of employee relations, such increase is not warranted or is not
31 appropriate for any reason.
32 13. Notwithstanding any law, rule or regulation to the contrary, offi-
33 cers and employees to whom the provisions of this section apply shall
34 receive performance awards in accordance with the terms of a collective-
35 ly negotiated agreement between the state and the employee organization
36 representing such employees entered into pursuant to article 14 of the
37 civil service law, effective for the period commencing April 2, 2016 and
38 ending April 1, 2019, in accordance with the rules and regulations
39 issued by the director of the budget to implement payment of such nego-
40 tiated performance awards.
41 § 3. Location compensation for certain state officers and employees.
42 Notwithstanding any inconsistent provisions of law, officers and employ-
43 ees, including seasonal officers and employees who shall receive the
44 compensation provided for pursuant to this section on a pro-rated basis
45 except part-time officers and employees, in the collective negotiating
46 unit designated as the professional, scientific and technical services
47 unit established pursuant to article 14 of the civil service law, whose
48 principal place of employment or, in the case of a field employee, whose
49 official station as determined in accordance with the regulations of the
50 comptroller, is located: (a) in the county of Monroe and who were eligi-
51 ble to receive location pay on March 31, 1985, shall receive location
52 pay at the rate of two hundred dollars per year provided they continue
53 to be otherwise eligible; or (b) in the city of New York, or in the
54 county of Rockland, Westchester, Nassau or Suffolk shall continue to
55 receive a downstate adjustment at the annual rate of three thousand
56 twenty-six dollars effective April 1, 2011; or (c) in the county of
A. 4542 7
1 Dutchess, Putnam or Orange shall continue to receive a mid-Hudson
2 adjustment at the annual rate of one thousand five hundred thirteen
3 dollars effective April 1, 2011. Such location payments shall be in
4 addition to and shall not be a part of an officer's or employee's basic
5 annual salary, and shall not affect or impair any performance advance-
6 ments or other rights or benefits to which an officer or employee may be
7 entitled by law, provided, however, that location payments shall be
8 included as compensation for purposes of computation of overtime pay and
9 for retirement purposes. For the sole purpose of continuing eligibility
10 for location pay in Monroe county, an officer or employee previously
11 eligible to receive location pay on March 31, 1985 who is on an approved
12 leave of absence or participates in an employer program to reduce to
13 part-time service during summer months shall continue to be eligible for
14 said location pay upon return to full-time state service in Monroe coun-
15 ty.
16 § 4. Continuation of location compensation for certain officers and
17 employees of the Hudson Valley developmental disabilities services
18 office. 1. Notwithstanding any law, rule or regulation to the contrary,
19 any officer or employee of the Hudson Valley developmental disabilities
20 services office represented in the collective negotiating unit desig-
21 nated as the professional, scientific and technical services unit, who
22 is receiving location pay pursuant to section 5 of chapter 174 of the
23 laws of 1993 shall continue to receive such location pay under the
24 conditions and at the rate specified by such section.
25 2. Notwithstanding any law, rule or regulation to the contrary, any
26 officer or employee of the Hudson Valley developmental disabilities
27 services office represented in the collective negotiating unit desig-
28 nated as the professional, scientific and technical services unit, who
29 is receiving location pay pursuant to subdivision 2 of section 9 of
30 chapter 315 of the laws of 1995 shall continue to receive such location
31 pay under the conditions and at the rates specified by such subdivision.
32 3. Notwithstanding section three of this act or any other law, rule or
33 regulation to the contrary, any officer or employee of the Hudson Valley
34 developmental disabilities services office represented in the collective
35 negotiating unit designated as the professional, scientific and techni-
36 cal services unit, who is receiving location pay pursuant to section
37 three of this act shall continue to be eligible for such location pay if
38 as the result of a reduction or redeployment of staff, such officer or
39 employee is reassigned to or otherwise appointed or promoted to a
40 different position at another work location within the Hudson Valley
41 developmental disabilities services office. The rate of such continued
42 location pay shall not exceed the rate such officer or employee is
43 receiving on the date of such reassignment, appointment or promotion.
44 § 5. Special assignment to duty pay. Notwithstanding any inconsistent
45 provisions of law, effective April 2, 2016, where and to the extent
46 that, an agreement between the state and an employee organization
47 entered into pursuant to article 14 of the civil service law so
48 provides, a special assignment to duty lump sum shall be paid each year
49 to an employee who is serving in a particular assignment deemed quali-
50 fied pursuant to such agreement. Such payment shall be in an amount
51 negotiated for those employees assigned to qualifying work assignments
52 and who work such assignments for the minimum periods of time in a year
53 provided in the negotiated agreement. Assignment to duty pay shall not
54 be paid in any year an employee does not meet the minimum period of time
55 in such qualifying assignment required by the agreement or upon cessa-
56 tion of the assignment to duty program on April 1, 2019 unless an exten-
A. 4542 8
1 sion is negotiated by the parties. Such lump sum shall be considered
2 salary only for final average salary retirement purposes.
3 § 6. Long term seasonal employees. Notwithstanding any inconsistent
4 provisions of law, effective April 2, 2016, where and to the extent
5 that, an agreement between the state and an employee organization
6 entered into pursuant to article 14 of the civil service law so
7 provides, a lump sum shall be paid each year to an employee who is serv-
8 ing in a qualifying long term seasonal position. Such payment shall be
9 in an amount negotiated and pursuant to negotiated qualifying criteria
10 and shall be considered salary only for final average salary retirement
11 purposes. Such benefit shall be available until March 31, 2019.
12 § 7. Notwithstanding any inconsistent provisions of law, where and to
13 the extent that an agreement between the state and an employee organiza-
14 tion entered into pursuant to article 14 of the civil service law so
15 provides on behalf of employees in the collective negotiating unit
16 designated as the professional, scientific and technical services unit
17 established pursuant to article 14 of the civil service law, the state
18 shall contribute an amount designated in such agreement and for the
19 period covered by such agreement to the accounts of such employees
20 enrolled for dependent care deductions pursuant to subdivision 7 of
21 section 201-a of the state finance law. Such amounts shall be from funds
22 appropriated in this act and shall not be part of basic annual salary
23 for overtime or retirement purposes.
24 § 8. Notwithstanding any provision of law to the contrary, the appro-
25 priations contained in this act shall be available to the state for the
26 payment and publication of grievance and arbitration settlements and
27 awards pursuant to articles 33 and 34 of the collective negotiating
28 agreement between the state and the employee organization representing
29 the collective negotiating unit designated as the professional, scien-
30 tific and technical services unit established pursuant to article 14 of
31 the civil service law.
32 § 9. During the period April 2, 2016 through April 1, 2019, there
33 shall be a statewide labor-management committee continued and adminis-
34 tered pursuant to the terms of the agreement negotiated between the
35 state and an employee organization representing employees in the collec-
36 tive negotiating unit designated as the professional, scientific and
37 technical services unit established pursuant to article 14 of the civil
38 service law which shall after April 2, 2016, have the responsibility of
39 studying, making recommendations concerning the major issues of produc-
40 tivity, the quality of work life and implementing the agreements
41 reached.
42 § 10. Inconvenience pay program. Pursuant to chapter 333 of the laws
43 of 1969, as amended, and an agreement negotiated between the state and
44 an employee organization representing employees in the professional,
45 scientific and technical services unit established pursuant to article
46 14 of the civil service law, an eligible employee shall continue to be
47 paid five hundred seventy-five dollars per year for working four or more
48 hours between the hours of 6:00 p.m. and 6:00 a.m. effective April 2,
49 2011.
50 § 11. Notwithstanding any provision of law to the contrary, effective
51 April 2, 2016, where and to the extent that an agreement between the
52 state and an employee organization so provides for a program concerning
53 a firearms training and safety incentive for peace officers in the
54 professional, scientific and technical services bargaining unit, a lump
55 sum payment for such incentive shall be paid for each year of such
56 program to any employee who is deemed qualified pursuant to such agree-
A. 4542 9
1 ment. Such payment shall be in an amount negotiated for those employees
2 who meet criteria established by such program. Such payment shall occur
3 at the time prescribed by such program or as soon as practicable there-
4 after. Such lump sum payment shall not be paid in any year an employee
5 does not meet the qualifications and criteria of such program or upon
6 cessation of such program on April 1, 2019 unless an extension is nego-
7 tiated by the parties. Such lump sum payment shall be considered salary
8 for overtime purposes.
9 § 12. Notwithstanding any provision of law to the contrary, effective
10 April 2, 2016, where and to the extent that an agreement between the
11 state and an employee organization entered into pursuant to article 14
12 of the civil service law so provides on behalf of certain employees in
13 the collective negotiating unit designated as the professional, scien-
14 tific and technical services unit, and where there exists a policy
15 requiring employees in the fire protection specialist title series at
16 the office of fire prevention and control to wear uniforms, a lump sum
17 uniform allowance shall be paid to covered employees in accordance with
18 the terms of such agreement and policy. Such payments shall be in an
19 amount negotiated for covered employees and shall not be paid in any
20 year where a policy does not exist requiring uniforms in accordance with
21 the terms of the agreement or where an employee is not required to wear
22 a uniform or receives a regular uniform service. Such uniform allowance
23 will cease to exist on April 1, 2019, unless an extension is negotiated
24 by the parties. Such lump sum shall be considered salary only for final
25 average salary purposes.
26 § 13. The salary increases and benefit modifications provided for by
27 this act for state employees in the collective negotiating unit desig-
28 nated as the professional, scientific and technical services unit estab-
29 lished pursuant to article 14 of the civil service law shall not be
30 implemented until the director of employee relations shall have deliv-
31 ered to the director of the budget and the comptroller a letter certify-
32 ing that there is in effect with respect to such negotiating unit a
33 collectively negotiated agreement, ratified by the membership, which
34 provides for such increases and modifications and which are fully
35 executed in writing with the state pursuant to article 14 of the civil
36 service law.
37 § 14. Date of entitlement to salary increases. Notwithstanding the
38 provisions of this act or of any other provision of law to the contrary,
39 the increases in salary or compensation to employees provided by this
40 act shall be added to the salary of such employee at the beginning of
41 that payroll period, the first day of which is nearest to the effective
42 dates of such increases as provided in this act, or at the beginning of
43 the earlier of two payroll periods, the first days of which are nearest
44 but equally near to the effective dates of such increases as provided in
45 this act; provided, however, that, for the purposes of determining the
46 salary of such unit members upon reclassification, reallocation,
47 appointment, promotion, transfer, demotion, reinstatement, or other
48 change of status, such salary increases shall be deemed to be effective
49 on the dates thereof as prescribed by this act, with payment thereof
50 pursuant to this section on a date prior thereto, instead of on such
51 effective dates, and shall not operate to confer any additional salary
52 rights or benefits on such unit members. Payment of such salary
53 increases may be deferred pursuant to section fifteen of this act.
54 § 15. Deferred payment of salary increase. Notwithstanding the
55 provisions of any other section of this act or any other provision of
56 law to the contrary, pending payment pursuant to this act of the basic
A. 4542 10
1 annual salaries of incumbents of positions subject to this act, such
2 incumbents shall receive, as partial compensation for services rendered,
3 the rate of salary and other compensation otherwise payable in their
4 respective positions. An incumbent holding a position subject to this
5 act at any time during the period from April 1, 2016, until the time
6 when basic annual salaries and other compensation due are first paid
7 pursuant to this act for such services in excess of the salary and other
8 compensation actually received therefor, shall be entitled to a lump sum
9 payment for the difference between the salary and other compensation to
10 which such incumbent is entitled for such services and the salary and
11 other compensation actually received pursuant to the terms of an agree-
12 ment between the state and the employee organization representing the
13 employees covered by this act.
14 § 16. Use of appropriations. The comptroller is authorized to pay any
15 amounts required during the fiscal year commencing April 1, 2016 through
16 March 31, 2018 by the foregoing provisions of this act for any state
17 department or agency from any appropriation or other funds available to
18 such state department or agency for personal service or for other
19 related employee benefits during such fiscal year. To the extent that
20 such appropriations in any fund are insufficient to accomplish the
21 purposes herein set forth, the director of the budget is authorized to
22 allocate to the various departments and agencies, from any appropri-
23 ations available in any fund, the amounts necessary to pay such amounts.
24 § 17. Effect of participation in special annuity program. No officer
25 or employee participating in a special annuity program pursuant to the
26 provisions of article 8-C of the education law shall, by reason of an
27 increase in compensation pursuant to this act, suffer any reduction of
28 the salary adjustment to which he or she would otherwise be entitled by
29 reason of participation in such program, and such salary adjustment
30 shall be based upon the salary of such officer or employee without
31 regard to the reduction authorized by such article.
32 § 18. Notwithstanding any provision of the state finance law or any
33 other provision of law to the contrary, the sum of three hundred twen-
34 ty-seven million dollars ($327,000,000) is hereby appropriated in the
35 general fund/state purposes account (10050) in miscellaneous-all state
36 departments and agencies solely for apportionment/transfer by the direc-
37 tor of the budget for use by any state department or agency in any fund
38 for the fiscal year beginning April 1, 2016 through March 31, 2018 to
39 supplement appropriations for personal service, other than personal
40 service and fringe benefits, and to carry out the provisions of this
41 act. The monies hereby appropriated are available for payment of any
42 liabilities or obligations incurred prior to or during the state fiscal
43 year commencing April 1, 2016 through March 31, 2018. For this purpose,
44 these appropriations shall remain in full force and effect for the
45 payment of liabilities incurred on or before March 31, 2018.
46 § 19. The several amounts as hereinafter set forth, or so much thereof
47 as may be necessary, are hereby appropriated for the fiscal year begin-
48 ning April 1, 2016 through March 31, 2018 to supplement appropriations
49 available for personal service, other than personal service and fringe
50 benefits, and to carry out the provisions of this act. Moreover, the
51 amounts appropriated as nonpersonal service may be
52 suballocated/transferred to any state department or agency as needed.
53 The monies hereby appropriated are available for payment of any liabil-
54 ities or obligations incurred prior to or during the state fiscal year
55 commencing April 1, 2016 through March 31, 2018. For this purpose, these
A. 4542 11
1 appropriations shall remain in full force and effect for the payment of
2 liabilities incurred on or before March 31, 2018.
3 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
4 LABOR MANAGEMENT COMMITTEES
5 STATE OPERATIONS 2016-17
6 General Fund / State Operations
7 State Purposes Account - 10050
8 Professional, Scientific and Technical Services Unit
9 Professional development and quality of
10 working life committee ......................... 723,000
11 Health and Safety ................................ 938,000
12 PSPT Program ................................... 7,675,000
13 Joint Funded Programs .......................... 1,337,000
14 Multi-Funded Programs .......................... 1,309,000
15 Professional Development for Nurses .............. 682,000
16 Property Damage ................................... 29,000
17 Work-Life Services ............................. 3,151,000
18 Joint Committee on Health Benefits ............... 682,000
19 Contract Administration ........................... 50,000
20 § 20. This act shall take effect immediately and shall be deemed to
21 have been in full force and effect on and after April 2, 2016. Appropri-
22 ations made by this act shall remain in full force and effect for
23 liabilities incurred through March 31, 2018.
REPEAL NOTE.--Subparagraph 1 of paragraph c of subdivision 1 of
section 130 of the civil service law, repealed by section one of this
act, provided a salary schedule for state employees in the professional,
scientific and technical services unit and is replaced by revised salary
schedules in new subparagraphs 1, 2 and 3.
24 PART B
25 SALARIES AND BENEFITS FOR CERTAIN STATE
26 OFFICERS AND EMPLOYEES EXCLUDED FROM
27 COLLECTIVE NEGOTIATING UNITS FOR 2016-2019
28 Section 1. Paragraph d of subdivision 1 of section 130 of the civil
29 service law is REPEALED and a new paragraph d is added to read as
30 follows:
31 d. Salary grades for positions in the competitive, non-competitive and
32 labor classes of the classified service of the state of New York desig-
33 nated managerial or confidential pursuant to article fourteen of this
34 chapter, civilian state employees of the division of military and naval
35 affairs of the executive department whose positions are not in, or are
36 excluded from representation rights in, any recognized or certified
37 negotiating unit, and those excluded from representation rights under
38 article fourteen of this chapter pursuant to rules or regulations of the
39 public employment relations board shall be as follows on the effective
40 dates indicated:
41 (1) Effective April first, two thousand sixteen:
42 GRADEHIRING RATEJOB RATE
A. 4542 13
1 M 3$94,609$119,555
2 M 4$104,640$132,054
3 M 5$116,189$146,795
4 M 6$128,643$161,809
5 M 7$141,800$175,618
6 M 8$119,558+
7 (3) Effective April first, two thousand eighteen:
8 GRADEHIRING RATEJOB RATE
9 M/C 3$26,682$34,110
10 M/C 4$27,860$35,658
11 M/C 5$29,531$37,388
12 M/C 6$30,783$39,306
13 M/C 7$32,559$41,434
14 M/C 8$34,346$43,568
15 M/C 9$36,308$45,887
16 M/C 10$38,265$48,434
17 M/C 11$40,586$51,122
18 M/C 12$42,728$53,803
19 M/C 13$45,213$56,793
20 M/C 14$47,899$59,916
21 M/C 15$50,565$63,151
22 M/C 16$53,415$66,520
23 M/C 17$56,446$70,189
24 M/C 18$56,745$70,415
25 M/C 19$59,789$74,077
26 M/C 20$62,836$77,791
27 M/C 21$66,225$81,810
28 M/C 22$69,785$86,107
29 M/C 23$73,362$91,658
30 M 1$79,184$100,091
31 M 2$87,818$111,005
32 M 3$97,466$123,166
33 M 4$107,800$136,042
34 M 5$119,698$151,228
35 M 6$132,528$166,696
36 M 7$146,082$180,922
37 M 8$123,169+
38 § 2. Subdivision 1 of section 19 of the correction law is REPEALED and
39 a new subdivision 1 is added to read as follows:
40 1. This section shall apply to each superintendent of a correctional
41 facility appointed on or after August ninth, nineteen hundred seventy-
42 five and any superintendent heretofore appointed who elects to be
43 covered by the provisions thereof by filing such election with the
44 commissioner.
45 a. The salary schedule for superintendents of a correctional facility
46 with an inmate population capacity of four hundred or more inmates shall
47 be as follows:
48 Effective April first, two thousand sixteen:
49 Hiring RateJob Rate
50 $116,937$159,580
51 Effective April first, two thousand seventeen:
52 Hiring RateJob Rate
53 $121,661$166,027
A. 4542 14
1 Effective April first, two thousand eighteen:
2 Hiring RateJob Rate
3 $125,335$171,041
4 b. The salary schedule for superintendents of correctional facilities
5 with an inmate population capacity of fewer than four hundred inmates
6 shall be as follows:
7 Effective April first, two thousand sixteen:
8 Hiring RateJob Rate
9 $90,935$114,914
10 Effective April first, two thousand seventeen:
11 Hiring RateJob Rate
12 $94,609$119,557
13 Effective April first, two thousand eighteen:
14 Hiring RateJob Rate
15 $97,466$123,168
16 § 3. Compensation for certain state officers and employees. 1. The
17 provisions of this section shall apply to the following annual-salaried
18 state officers and employees: (a) officers and employees whose positions
19 are designated managerial or confidential pursuant to article 14 of the
20 civil service law; (b) civilian state employees of the division of mili-
21 tary and naval affairs in the executive department whose positions are
22 not in, or are excluded from representation rights in, any recognized or
23 certified negotiating unit; (c) officers and employees excluded from
24 representation rights under article 14 of the civil service law pursuant
25 to rules or regulations of the public employment relations board; and
26 (d) officers and employees whose salaries are prescribed by section 19
27 of the correction law.
28 2. For such officers and employees the following increases shall
29 apply: (a) Effective April 1, 2016, the basic annual salary of officers
30 and employees to whom the provisions of this subdivision apply shall be
31 increased by two percent (general salary increase for 2016, pursuant to
32 this chapter) adjusted to the nearest whole dollar amount.
33 (b) Effective April 1, 2017, the basic annual salary of officers and
34 employees to whom the provisions of this subdivision apply shall be
35 increased by four percent, consisting of two percent (pursuant to the
36 parity pay increase provided by part H of chapter 55 of the laws of
37 2015) and two percent (general salary increase for 2017, pursuant to
38 this chapter), adjusted to the nearest whole dollar amount.
39 (c) Effective April 1, 2018, the basic annual salary of officers and
40 employees to whom the provisions of this subdivision apply shall be
41 increased by three percent consisting of one percent (pursuant to the
42 parity pay increase provided by part H of chapter 55 of the laws of
43 2015) and two percent (general salary increase for 2018, pursuant to
44 this chapter) adjusted to the nearest whole dollar amount.
45 3. If an unencumbered position is one that, if encumbered, would be
46 subject to the provisions of this section, the salary of such position
47 shall be increased by the salary increase amounts specified in this
48 section. If a position is created and is filled by the appointment of an
49 officer or employee who is subject to the provisions of this section,
50 the salary otherwise provided for such position shall be increased in
51 the same manner as though such position had been in existence but unen-
52 cumbered.
53 4. The increases in salary payable pursuant to this section shall
54 apply on a prorated basis in accordance with guidelines issued by the
55 director of the budget to officers and employees otherwise eligible to
56 receive an increase in salary pursuant to this act who are paid on an
A. 4542 15
1 hourly or per diem basis, employees serving on a part-time or seasonal
2 basis, and employees paid on any basis other than at an annual salary
3 rate.
4 5. Notwithstanding any of the foregoing provisions of this section,
5 the provisions of this section shall not apply to the following except
6 as otherwise provided by law: (a) officers or employees paid on a fee
7 schedule basis; (b) officers or employees whose salaries are prescribed
8 by section 40, 60, or 169 of the executive law; (c) officers or employ-
9 ees in collective negotiating units established pursuant to article 14
10 of the civil service law.
11 6. Officers and employees to whom the provisions of this section apply
12 who are incumbents of positions that are not allocated to salary grades
13 specified in paragraph d of subdivision 1 of section 130 of the civil
14 service law and whose salary is not prescribed in any other statute
15 shall receive the salary increases specified in subdivision two of this
16 section.
17 7. In order to provide for the officers and employees to whom this
18 section applies who are not allocated to salary grades performance
19 advancements, merit awards, longevity payments and in lieu payments, and
20 special achievement awards in proportion to those provided to persons to
21 whom this section applies who are allocated to salary grades, the direc-
22 tor of the budget is authorized to add appropriate adjustments to the
23 compensation that such officers and employees are otherwise entitled to
24 receive. The director of the budget shall issue certificates that shall
25 contain schedules of positions and the salaries or payments thereof for
26 which adjustments or payments are made pursuant to the provisions of
27 this subdivision, and a copy of each such certificate shall be filed
28 with the state comptroller, the department of civil service, the chair-
29 man of the senate finance committee and the chairman of the assembly
30 ways and means committee.
31 8. Notwithstanding any of the foregoing provisions of this section,
32 any increase in compensation for any officer or employee appointed to a
33 lower graded position from a redeployment list pursuant to subdivision 1
34 of section 79 of the civil service law who continues to receive his or
35 her former salary pursuant to such subdivision shall be determined on
36 the basis of such lower graded position provided, however, that the
37 increases in salary provided in subdivision two of this section shall
38 not cause such officer's or employee's salary to exceed the job rate of
39 any such lower graded position at salary grade.
40 9. Notwithstanding any of the foregoing provisions of this section or
41 of any law to the contrary, the director of the budget may reduce the
42 salary of any position which is vacant or which becomes vacant, so long
43 as the position, if encumbered, would be subject to the provisions of
44 this section. The director of the budget does not need to provide a
45 reason for such reduction.
46 § 4. Compensation for certain state officers and employees in the
47 division of state police. 1. The provisions of this section shall apply
48 to officers and employees whose salaries are provided for by paragraph
49 (a) of subdivision 1 of section 215 of the executive law.
50 2. (a) Effective April 1, 2016, the basic annual salary of officers
51 and employees to whom the provisions of this subdivision apply shall be
52 increased by two percent (general salary increase for 2016, pursuant to
53 this chapter) adjusted to the nearest whole dollar amount.
54 (b) Effective April 1, 2017, the basic annual salary of officers and
55 employees to whom the provisions of this subdivision apply shall be
56 increased by four percent, consisting of two percent (pursuant to the
A. 4542 16
1 parity pay increase provided by part H of chapter 55 of the laws of
2 2015) and two percent (general salary increase for 2017, pursuant to
3 this chapter), adjusted to the nearest whole dollar amount.
4 (c) Effective April 1, 2018, the basic annual salary of officers and
5 employees to whom the provisions of this subdivision apply shall be
6 increased by three percent, consisting of one percent (pursuant to the
7 parity pay increase provided by part H of chapter 55 of the laws of
8 2015) and two percent (general salary increase for 2018, pursuant to
9 this chapter), adjusted to the nearest whole dollar amount.
10 3. The increases in salary payable pursuant to this section shall
11 apply on a prorated basis in accordance with guidelines issued by the
12 director of the budget to officers and employees otherwise eligible to
13 receive an increase in salary pursuant to this act who are paid on an
14 hourly or per diem basis, employees serving on a part-time or seasonal
15 basis, and employees paid on any basis other than at an annual salary
16 rate.
17 4. Notwithstanding any of the foregoing provisions of this section,
18 any increase in compensation for any officer or employee appointed to a
19 lower graded position from a redeployment list pursuant to subdivision 1
20 of section 79 of the civil service law who continues to receive his or
21 her former salary pursuant to such subdivision shall be determined on
22 the basis of such lower graded position provided, however, that the
23 increases in salary provided in subdivision two of this section shall
24 not cause such officer's or employee's salary to exceed the job rate of
25 any such lower graded position at salary grade.
26 § 5. Compensation for certain state employees in the state university
27 and certain employees of contract colleges at Cornell and Alfred univer-
28 sities. 1. Effective April 1, 2016, April 1, 2017 and April 1, 2018, the
29 basic annual salary of incumbents of positions in the professional
30 service in the state university that are designated, stipulated, or
31 excluded from negotiating units as managerial or confidential as defined
32 pursuant to article 14 of the civil service law, may be increased pursu-
33 ant to plans approved by the state university trustees. Such increases
34 in basic annual salary rates shall not exceed in the aggregate two
35 percent (general salary increase for 2016, pursuant to this chapter) of
36 the total basic annual salary rates in effect on March 31, 2016, four
37 percent, consisting of two percent (pursuant to the parity pay increase
38 provided by part H of chapter 55 of the laws of 2015) and two percent
39 (general salary increase for 2017, pursuant to this chapter), of the
40 total basic annual salary rates in effect on March 31, 2017 and three
41 percent, consisting of one percent (pursuant to the parity pay increase
42 provided by part H of chapter 55 of the laws of 2015) and two percent
43 (general salary increase for 2018, pursuant to this chapter), of the
44 total basic annual salary rates in effect on March 31, 2018.
45 2. Effective April 1, 2016, April 1, 2017 and April 1, 2018, the basic
46 annual salary of incumbents of positions in the institutions under the
47 management and control of Cornell and Alfred universities as represen-
48 tatives of the board of trustees of the state university that, in the
49 opinion of the director of employee relations, would be designated mana-
50 gerial or confidential were they subject to article 14 of the civil
51 service law may be increased pursuant to plans approved by the state
52 university trustees. Such increases in basic annual salary rates shall
53 not exceed in the aggregate two percent (general salary increase for
54 2016, pursuant to this chapter) of the total basic annual salary rates
55 in effect March 31, 2016, four percent, consisting of two percent
56 (pursuant to the parity pay increase provided by part H of chapter 55 of
A. 4542 17
1 the laws of 2015) and two percent (general salary increase for 2017,
2 pursuant to this chapter), of the total basic annual salary rates in
3 effect on March 31, 2017 and three percent, consisting of one percent
4 (pursuant to the parity pay increase provided by part H of chapter 55 of
5 the laws of 2015) and two percent (general salary increase for 2018,
6 pursuant to this chapter), of the total basic annual salary rates in
7 effect on March 31, 2018.
8 3. During the period April 1, 2016 through March 31, 2019, the basic
9 annual salary of incumbents of positions in the non-professional service
10 that, in the opinion of the director of employee relations, would be
11 designated managerial or confidential were they subject to article 14 of
12 the civil service law, except those positions in the Cornell service and
13 maintenance unit that are subject to the terms of a collective bargain-
14 ing agreement between Cornell university and the employee organization
15 representing employees in such positions and except those positions in
16 the Alfred service and maintenance unit that are subject to the terms of
17 a collective bargaining agreement between Alfred university and the
18 employee organization representing employees in such positions, in
19 institutions under the management and control of Cornell and Alfred
20 universities as representatives of the board of trustees of the state
21 university may be increased pursuant to plans approved by the state
22 university trustees. Such plans may include new salary schedules which
23 shall supersede the salary schedules then in effect applicable to such
24 employees. Such plans shall provide for increases in basic annual sala-
25 ries, which, exclusive of performance advancement payments or merit
26 recognition payments, shall not exceed in the aggregate two percent
27 (general salary increase for 2016, pursuant to this chapter) of the
28 total basic annual salary rates in effect on March 31, 2016, four
29 percent, consisting of two percent (pursuant to the parity pay increase
30 provided by part H of chapter 55 of the laws of 2015) and two percent
31 (general salary increase for 2017, pursuant to this chapter), of the
32 total basic annual salary rates in effect on March 31, 2017 and three
33 percent, consisting of one percent (pursuant to the parity pay increase
34 provided by part H of chapter 55 of the laws of 2015) and two percent
35 (general salary increase for 2018, pursuant to this chapter), of the
36 total basic annual salary rates in effect on March 31, 2018.
37 4. For the purposes of this section, the basic annual salary of an
38 employee is that salary that is obtained through direct appropriation of
39 state moneys for the purpose of paying wages. Nothing in this part shall
40 prevent increasing amounts paid to incumbents of such positions in the
41 professional service in addition to the basic annual salary, provided,
42 however, that the amounts required for such increase and the cost of
43 fringe benefits attributable to such increase, as determined by the
44 comptroller, are made available to the state in accordance with the
45 procedures established by the state university, with the approval of the
46 director of the budget, for such purposes.
47 5. Notwithstanding any of the foregoing provisions of this section or
48 any law to the contrary, any increase in compensation may be withheld in
49 whole or in part from any employee to whom the provision of this section
50 apply pursuant to section fourteen of this act.
51 § 6. Location compensation for certain state officers and employees.
52 1. This section shall apply to all full-time annual salaried state
53 officers and employees and non-annual salaried seasonal state officers
54 and employees except the following:
55 (a) officers and employees of the legislature and the judiciary,
56 including officers and employees of boards, bodies and commissions that
A. 4542 18
1 are deemed to be part of the legislature or judiciary for the purposes
2 of section 49 of the state finance law;
3 (b) officers and employees whose salaries are prescribed by or deter-
4 mined in accordance with section 40, 60, 169, 215 or 216 of the execu-
5 tive law;
6 (c) incumbents of allocated or unallocated positions in the profes-
7 sional service in the state university and in institutions under the
8 management and control of Cornell and Alfred universities as represen-
9 tatives of the board of trustees of the state university;
10 (d) officers and employees who are in recognized or certified collec-
11 tive negotiating units pursuant to article 14 of the civil service law.
12 2. Notwithstanding the provisions of section 15 of chapter 333 of the
13 laws of 1969, as amended, officers and employees subject to this section
14 whose principal place of employment or, in the case of field employees,
15 whose official station as determined in accordance with the regulations
16 of the comptroller is located: (a) in the county of Monroe and who were
17 eligible to receive location pay on March 31, 1985, shall receive
18 location pay at the rate of two hundred dollars per year provided they
19 continue to be otherwise eligible.
20 (b) in the city of New York, or in the county of Rockland, Westches-
21 ter, Nassau, or Suffolk shall continue to receive a downstate adjustment
22 at the rate of three thousand twenty-six dollars effective October 1,
23 2008.
24 (c) in the county of Dutchess, Orange, or Putnam shall continue to
25 receive a mid-Hudson adjustment at the rate of one thousand five hundred
26 thirteen dollars effective October 1, 2008. Such location payments shall
27 be in addition to and shall not be a part of an employee's basic annual
28 salary, and shall not affect or impair any advancements or other rights
29 or benefits to which an employee may be entitled by law, provided,
30 however, that location payments shall be included as compensation for
31 purposes of computation of overtime pay and for retirement purposes.
32 For the sole purpose of continuing eligibility for location pay in
33 Monroe county, an employee previously eligible to receive location pay
34 on March 31, 1985 who is on an approved leave of absence or participates
35 in an employer program to reduce to part-time service during summer
36 months shall continue to be eligible for said location pay upon return
37 to full-time state service in Monroe county.
38 § 7. Continuation of location compensation for certain officers and
39 employees of the Hudson Valley developmental disabilities services
40 office. 1. Notwithstanding any law, rule or regulation to the contrary,
41 any officer or employee of the Hudson Valley developmental disabilities
42 services office not represented in collective negotiating units estab-
43 lished pursuant to article 14 of the civil service law who is receiving
44 location pay pursuant to section 5 of chapter 174 of the laws of 1993
45 shall continue to receive such location pay under the conditions and at
46 the rates specified by such section.
47 2. Notwithstanding section seven of this act or any other law, rule or
48 regulation to the contrary, any officer or employee of the Hudson Valley
49 developmental disabilities services office not represented in collective
50 negotiating units established pursuant to article 14 of the civil
51 service law who is receiving location pay pursuant to said section seven
52 of this act shall continue to be eligible for such location pay if such
53 officer's or employee's principal place of employment is changed to a
54 location outside of the county of Rockland as the result of a reduction
55 or redeployment of staff, provided, however, that such officer or
56 employee is reassigned to or otherwise appointed or promoted to a
A. 4542 19
1 different position at another work location within such Hudson Valley
2 developmental disabilities services office located outside of the county
3 of Rockland. The rate of such continued location pay shall not exceed
4 the rate such officer or employee is receiving on the date of such reas-
5 signment, appointment, or promotion.
6 § 8. Overtime meal allowance. Notwithstanding any other provision of
7 law to the contrary, individuals in positions in the classified service
8 of the state of New York designated managerial or confidential pursuant
9 to article 14 of the civil service law, shall continue to receive,
10 effective April 1, 2011, an overtime meal allowance in the amount of
11 $5.50 pursuant to eligibility guidelines developed by the director of
12 employee relations.
13 § 9. Notwithstanding any provision of law to the contrary, the appro-
14 priations contained in this act shall be available to the state for the
15 payment of grievance settlements and awards pursuant to executive order
16 42, dated October 14, 1970, and title 9, part 560, official compilation
17 of codes, rules and regulations of the state of New York.
18 § 10. Use of appropriations. The comptroller is authorized to pay any
19 amounts required during the fiscal years commencing April 1, 2016
20 through March 31, 2018 by the foregoing provisions of this act for any
21 state department or agency from any appropriation or other funds avail-
22 able to such state department or agency for personal service or for
23 other related employee benefits during such fiscal year. To the extent
24 that such appropriations in any fund are insufficient to accomplish the
25 purposes herein set forth, the director of the budget is authorized to
26 allocate to the various departments and agencies, from any appropri-
27 ations available in any fund, the amounts necessary to pay such amounts.
28 § 11. Effect of participation in special annuity program. No officer
29 or employee participating in a special annuity program pursuant to the
30 provision of article 8-C of the education law shall, by reason of an
31 increase in compensation pursuant to this act, suffer any reduction of
32 the salary adjustment to which that employee would otherwise be entitled
33 by reason of participation in such program, and such salary adjustment
34 shall be based upon the salary of such officer or employee without
35 regard to the reduction authorized by such article.
36 § 12. Date of entitlement to salary increases. Notwithstanding the
37 provisions of this act or of any other law, the increases in salary or
38 compensation of any officer or employee provided by this act shall be
39 added to the salary or compensation of such officer or employee at the
40 beginning of that payroll period the first day of which is nearest to
41 the effective date of such increases as provided in this act, or at the
42 beginning of the earlier of two payroll periods the first days of which
43 are nearest but equally near to the effective dates of such increases as
44 provided in this act, provided, however, that for the purposes of deter-
45 mining the salary of such officer or employee upon reclassification,
46 reallocation, appointment, promotion, transfer, demotion, reinstatement
47 or other change of status, such salary increases shall be deemed to be
48 effective on the date thereof as prescribed in this act, and the payment
49 thereof pursuant to this section on a date prior thereto, instead of on
50 such effective date, shall not operate to confer any additional salary
51 rights or benefits on such officer or employee. Payment of such salary
52 increases may be deferred pursuant to section thirteen of this act.
53 § 13. Deferred payment of salary increase. Notwithstanding the
54 provisions of any other section of this act or any other provision of
55 law to the contrary, pending payment pursuant to this act of the basic
56 annual salaries of incumbents of positions subject to this act, such
A. 4542 20
1 incumbents shall receive, as partial compensation for services rendered,
2 the rate of salary and other compensation otherwise payable in their
3 respective positions. An incumbent holding a position subject to this
4 act at any time during the period from April 1, 2016, until the time
5 when basic annual salaries and other compensation due are first paid
6 pursuant to this act for such services in excess of the salary and other
7 compensation actually received therefor, shall be entitled to a lump sum
8 payment for the difference between the salary and other compensation to
9 which such incumbent is entitled for such services and the salary and
10 other compensation actually received.
11 § 14. 1. Notwithstanding the provisions of any other section of this
12 act or any other provision of law to the contrary, any increase in
13 compensation provided: (a) in this act, or (b) as a result of a
14 promotion, appointment, or advancement to a position in a higher salary
15 grade, or (c) pursuant to paragraph (c) of subdivision 6 of section 131
16 of the civil service law, or (d) pursuant to paragraph (b) of subdivi-
17 sion 8 of section 130 of the civil service law, or (e) pursuant to para-
18 graph (a) of subdivision 3 of section 13 of chapter 732 of the laws of
19 1988, as amended, may be withheld in whole or in part from any officer
20 or employee when, in the opinion of the director of the budget, such
21 withholding is necessary to reflect the job performance of such officer
22 or employee, or to maintain appropriate salary relationships among offi-
23 cers or employees of the state, or to reduce state expenditures to
24 acceptable levels or when, in the opinion of the director of the budget,
25 such increase is not warranted or is not appropriate. Nothing in this
26 act shall alter the authority of the director of budget to withhold a
27 parity pay increase in accordance with the authority for such action as
28 granted the director of budget by part H of chapter 55 of the laws of
29 2015. However, the obligation to provide notice of denial of a full or
30 partial parity payment, and the right to contest such denial, pursuant
31 to paragraph d of subdivision 5 of section 3 of part H of chapter 55 of
32 the laws of 2015 shall continue with respect to the parity pay
33 increases, referenced in this act, that were originally enacted pursuant
34 to part H of chapter 55 of the laws of 2015. As a result of an exercise
35 of the director's authority under this act, or part H of chapter 55 of
36 the laws of 2015, to withhold any increase, such salary schedules as
37 defined in section one of this act shall be implemented and/or modified
38 by the director of the budget, as necessary, consistent with the
39 provision or withholding of such increases pursuant to this section.
40 2. Notwithstanding the provisions of any other section of this act,
41 the salary increases provided for in this act shall not be implemented
42 until the director of the budget delivers notice to the comptroller that
43 such amounts may be paid.
44 § 15. Notwithstanding any provision of the state finance law or any
45 other provision of law to the contrary, the sum of one hundred nine
46 million dollars ($109,000,000) is hereby appropriated in the general
47 fund/state purposes account (10050) in miscellaneous-all state depart-
48 ments and agencies solely for apportionment/transfer by the director of
49 the budget for use by any state department or agency in any fund for the
50 fiscal year beginning April 1, 2016 through March 31, 2018 to supplement
51 appropriations for personal service, other than personal service and
52 fringe benefits, and to carry out the provisions of this act. No money
53 shall be available for expenditure from this appropriation until a
54 certificate of approval has been issued by the director of the budget
55 and a copy of such certificate or any amendment thereto has been filed
56 with the state comptroller, the chairman of the senate finance committee
A. 4542 21
1 and the chairman of the assembly ways and means committee. The monies
2 hereby appropriated are available for payment of any liabilities or
3 obligations incurred prior to or during the state fiscal year commencing
4 April 1, 2016 through March 31, 2018. For this purpose, these appropri-
5 ations shall remain in full force and effect for the payment of liabil-
6 ities incurred on or before March 31, 2018.
7 § 16. The several amounts as hereinafter set forth, or so much thereof
8 as may be necessary, are hereby appropriated from the fund so designated
9 for use by any state department or agency for the fiscal year beginning
10 April 1, 2016 through March 31, 2018 to supplement appropriations from
11 each respective fund available for personal service, other than personal
12 service and fringe benefits, and to carry out the provisions of this
13 act. No money shall be available for expenditure from this appropriation
14 until a certificate of approval has been issued by the director of the
15 budget and a copy of such certificate or any amendment thereto has been
16 filed with the state comptroller, the chairman of the senate finance
17 committee and the chairman of the assembly ways and means committee.
18 ALL STATE DEPARTMENTS AND AGENCIES
19 SPECIAL PAY BILLS
20 General Fund / State Operations
21 State Purposes Account - 003
22 Nonpersonal Service
23 Family benefits .................... 310,000
24 Medical flexible spending account .. 500,000
25 Pre-tax transportation benefit ..... 550,000
26 Employee Training and Profes-
27 sional Development ............. 1,018,000
28 Uniform allowance .................. 245,000
29 Tuition reimbursement .............. 250,000
30 M/C share of negotiated programs ... 570,000
31 § 17. This act shall take effect immediately and shall be deemed to
32 have been in full force and effect on and after April 1, 2016. Appropri-
33 ations made by this act shall remain in full force and effect for
34 liabilities incurred through March 31, 2018.
REPEAL NOTE.--Paragraph d of subdivision 1 of section 130 of the civil
service law, repealed by section one of this act, provided salary sched-
ules for state employees designated managerial and confidential pursuant
to article 14 of the civil service law and is replaced by revised salary
schedules in a new paragraph d.
REPEAL NOTE.--Subdivision 1 of section 19 of the correction law,
repealed by section two of this act, provided salary schedules for
superintendents of correctional facilities and is replaced by revised
salary schedules in a new subdivision 1.
35 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
36 sion, section or part contained in any part of this act shall be
37 adjudged by any court of competent jurisdiction to be invalid, such
38 judgment shall not affect, impair, or invalidate the remainder thereof,
39 but shall be confined in its operation to the clause, sentence, para-
40 graph, subdivision, section or part contained in any part thereof
41 directly involved in the controversy which such judgment shall have been
42 rendered. It is hereby declared to be the intent of the legislature that
A. 4542 22
1 this act would have been enacted even if such invalid provisions had not
2 been included herein.
3 § 3. This act shall take effect immediately provided, however, that
4 the applicable effective date for Parts A through B of this act shall be
5 as specifically set forth in the last section of such Part.
