Rpld §215 sub 2 ¶a sub¶¶ 1 - 8, amd §215, Exec L; rpld §207-b sub 2 ¶¶ a-1 & a, amd §§207-a & 207-b, St Fin
L; rpld §130 sub 1 ¶¶ f & g, amd §130, Civ Serv L; amd §19, Cor L
 
Relates to the collective bargaining agreement between the state of New York and the police benevolent association of the New York state troopers, Inc. for 2018-2023; provides for the terms and conditions of employment for members of the collective negotiating unit consisting of troopers in the division of state police and the salary schedules for such members (Part A); provides for the terms and conditions of employment for members of the collective negotiating unit consisting of commissioned and non-commissioned officers of the division of state police and the salary schedules for members of such unit (Part B); relates to compensation, benefits and other terms and conditions of employment of certain state officers and employees who are members of security services collective negotiating unit; authorizes funding of joint labor-management committees (Part C); and relates to the salaries of certain state officers and employees excluded from collective negotiating units (Part D); makes appropriations therefor.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6965
SPONSOR: Abbate
 
TITLE OF BILL: An act to amend the executive law, in relation to the
terms and conditions of employment for members of the collective negoti-
ating unit consisting of troopers in the division of state police and
salary schedules for members of such unit; to amend the state finance
law, in relation to the employee benefit fund for members of such unit;
making an appropriation therefor; and to repeal certain provisions of
the executive law and the state finance law relating thereto (Part A);
to amend the executive law, in relation to the terms and conditions of
employment for members of the collective negotiating unit consisting of
commissioned and non-commissioned officers in the division of state
police and salary schedules for members of such unit; to amend the state
finance law, in relation to the employee benefit fund for members of
such unit; making an appropriation therefor; and to repeal certain
provisions of the executive law and the state finance law relating ther-
eto (Part B); to amend the civil service law and the state finance law,
in relation to compensation, benefits and other terms and conditions of
employment of certain state officers and employees who are members of
the security services collective negotiating unit; authorizing funding
of joint labor-management committees; implementing an agreement between
the state and an employee organization; making an appropriation there-
for; and to repeal certain provisions of the civil service law relating
thereto (Part C); and to amend the civil service law and the correction
law, in relation to salaries of certain state officers and employees
excluded from collective negotiating units; and making an appropriation
for the purpose of effectuating certain provisions thereof (Part D)
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill implements a revised collective bargaining agreement between
the State of New York and the police benevolent association of the New
York State Troopers, Inc.
 
SUMMARY OF PROVISIONS:
Part A: Implements salary schedules and benefit modifications for troop-
ers in the Division of State Police for FY 2019-2023; provides for an
annual 2% raise.
Part B: Implements salary schedules and benefit modifications for offi-
cers in the Division of State Police for FY 2019-2023; provides for an
annual 2% raise.
Part C: Implements salary increases and benefit modifications for
employees in New York State Correctional Officers Union and the Security
Services Unit of the Police benevolent Association for FY 2017-2023;
provides for an annual 2% raise.
Part D: Implements salary schedules for management/confidential employ-
ees for FY2020-2021; provides for an annual 2% raise subject to the
determination of the director of budget.
 
JUSTIFICATION:
This bill is necessary to implement a revised collective bargaining
agreement between the State of New York and the Police Benevolent Asso-
ciation of the New York State Troopers, Inc. for the years of 2018-2023.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
Minimal. The bill does not require a fiscal note. The State already
negotiates and maintains a collective bargaining agreement with the
police benevolent association of the New York State Troopers, Inc. This
bill is just a renewed contract.
 
EFFECTIVE DATE:
This act shall take effect immediately, provided, however, that the
applicable effective date of Parts A through D of the act shall be as
specifically set forth in the last section of such Part.
STATE OF NEW YORK
________________________________________________________________________
6965
2019-2020 Regular Sessions
IN ASSEMBLY
March 28, 2019
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Ways and Means
AN ACT to amend the executive law, in relation to the terms and condi-
tions of employment for members of the collective negotiating unit
consisting of troopers in the division of state police and salary
schedules for members of such unit; to amend the state finance law, in
relation to the employee benefit fund for members of such unit; making
an appropriation therefor; and to repeal certain provisions of the
executive law and the state finance law relating thereto (Part A); to
amend the executive law, in relation to the terms and conditions of
employment for members of the collective negotiating unit consisting
of commissioned and non-commissioned officers in the division of state
police and salary schedules for members of such unit; to amend the
state finance law, in relation to the employee benefit fund for
members of such unit; making an appropriation therefor; and to repeal
certain provisions of the executive law and the state finance law
relating thereto (Part B); to amend the civil service law and the
state finance law, in relation to compensation, benefits and other
terms and conditions of employment of certain state officers and
employees who are members of the security services collective negoti-
ating unit; authorizing funding of joint labor-management committees;
implementing an agreement between the state and an employee organiza-
tion; making an appropriation therefor; and to repeal certain
provisions of the civil service law relating thereto (Part C); and to
amend the civil service law and the correction law, in relation to
salaries of certain state officers and employees excluded from collec-
tive negotiating units; and making an appropriation for the purpose of
effectuating certain provisions thereof (Part D)
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12024-01-9
A. 6965 2
1 Section 1. This act enacts into law legislation necessary to implement
2 collective bargaining agreements and to implement changes to salary and
3 benefits for certain state officers and employees excluded from collec-
4 tive negotiating units. Each component is wholly contained within a Part
5 identified as Parts A through D. The effective date for each particular
6 provision contained within such Part is set forth in the last section of
7 such Part. Any provision in any section contained within a Part, includ-
8 ing the effective date of the Part, which makes reference to a section
9 "of this act", when used in connection with that particular component,
10 shall be deemed to mean and refer to the corresponding section of the
11 Part in which it is found. Section two of this act sets forth the gener-
12 al severability clause applicable to this act. Section three of this act
13 sets forth the general effective date of this act.
14 PART A
15 COLLECTIVE BARGAINING AGREEMENT BETWEEN
16 THE STATE OF NEW YORK AND THE POLICE BENEVOLENT
17 ASSOCIATION OF THE NEW YORK STATE TROOPERS, INC.
18 FOR 2018-2023
19 Section 1. Subparagraphs 1, 2, 3 and 4 of paragraph a of subdivision 2
20 of section 215 of the executive law are REPEALED and five new subpara-
21 graphs 1, 2, 3, 4 and 5 are added to read as follows:
22 (1) Effective April first, two thousand eighteen, members of the
23 collective negotiating unit consisting of troopers in the division of
24 state police shall receive a basic annual salary pursuant to the follow-
25 ing schedule:
26 Orange,City of NewNassau andAll Other
27 Putnam andYork, RocklandSuffolkLocations
28 Dutchessand WestchesterCounties
29 CountiesCounties
30 Trainee 1N/AN/AN/A$55,073
31 Trainee 2$73,365$74,529$74,832$73,146
32 Step 1 $78,124$79,289$79,595$77,909
33 Step 2 $82,882$84,047$84,353$82,665
34 Step 3 $85,731$86,895$87,201$85,514
35 Step 4 $89,109$90,272$90,578$88,890
36 Step 5 $92,862$94,025$94,332$92,644
37 (2) Effective April first, two thousand nineteen, members of the
38 collective negotiating unit consisting of troopers in the division of
39 state police shall receive the basic annual salary pursuant to the
40 following schedule, except that (a) any member at the trainee 1 rate as
41 of March 31, 2019 shall receive the salary in this subparagraph (if
42 eligible) and progress to the trainee 2 rate as provided in subparagraph
43 one of this paragraph until such time as they complete their service in
44 the trainee 2 rate and at such time they shall move to the Step 1 in
45 this subparagraph and (b) any member at the trainee 2 rate, pursuant to
46 subparagraph one of this paragraph, as of March thirty-first, two thou-
47 sand nineteen shall receive a two percent increase in salary rather than
48 the trainee 2 rate in this paragraph until such time as they complete
49 their service as a trainee 2 and move to the Step 1 rate in the follow-
50 ing schedule:
51 Orange,City of NewNassau andAll Other
52 Putnam andYork, RocklandSuffolkLocations
53 Dutchessand WestchesterCounties
A. 6965 3
1 CountiesCounties
2 Trainee 1N/AN/AN/A$56,174
3 Trainee 2$56,174$56,174$56,174$56,174
4 Step 1 $79,686$80,875$81,187$79,467
5 Step 2 $84,540$85,728$86,040$84,318
6 Step 3 $87,446$88,633$88,945$87,224
7 Step 4 $90,891$92,077$92,390$90,668
8 Step 5 $94,719$95,906$96,219$94,497
9 (3) Effective April first, two thousand twenty, members of the collec-
10 tive negotiating unit consisting of troopers in the division of state
11 police shall receive a basic annual salary pursuant to the following
12 schedule:
13 Orange,City of NewNassau andAll Other
14 Putnam andYork, RocklandSuffolkLocations
15 Dutchessand WestchesterCounties
16 CountiesCounties
17 Trainee 1N/AN/AN/A$57,297
18 Trainee 2$57,297$57,297$57,297$57,297
19 Step 1 $81,280$82,493$82,811$81,056
20 Step 2 $86,231$87,443$87,761$86,004
21 Step 3 $89,195$90,406$90,724$88,968
22 Step 4 $92,709$93,919$94,238$92,481
23 Step 5 $96,613$97,824$98,143$96,387
24 (4) Effective April first, two thousand twenty-one, members of the
25 collective negotiating unit consisting of troopers in the division of
26 state police shall receive a basic annual salary pursuant to the follow-
27 ing schedule:
28 Orange,City of NewNassau andAll Other
29 Putnam andYork, RocklandSuffolkLocations
30 Dutchessand WestchesterCounties
31 CountiesCounties
32 Trainee 1N/AN/AN/A$58,443
33 Trainee 2$58,443$58,443$58,443$58,443
34 Step 1 $82,906$84,143$84,467$82,677
35 Step 2 $87,956$89,192$89,516$87,724
36 Step 3 $90,979$92,214$92,538$90,747
37 Step 4 $94,563$95,797$96,123$94,331
38 Step 5 $98,545$99,780$100,106$98,315
39 (5) Effective April first, two thousand twenty-two, members of the
40 collective negotiating unit consisting of troopers in the division of
41 state police shall receive a basic annual salary pursuant to the follow-
42 ing schedule:
43 Orange,City of NewNassau andAll Other
44 Putnam andYork, RocklandSuffolkLocations
45 Dutchessand WestchesterCounties
46 CountiesCounties
47 Trainee 1N/AN/AN/A$59,612
48 Trainee 2$59,612$59,612$59,612$59,612
49 Step 1 $84,564$85,826$86,156$84,331
50 Step 2 $89,715$90,976$91,306$89,478
51 Step 3 $92,799$94,058$94,389$92,562
52 Step 4 $96,454$97,713$98,045$96,218
53 Step 5 $100,516$101,776$102,108$100,281
A. 6965 4
1 § 2. Paragraph a-1 of subdivision 2 of section 207-b of the state
2 finance law is REPEALED and a new paragraph a-1 is added to read as
3 follows:
4 a-1. Where, and to the extent that, the agreement between the state
5 and an employee organization entered into pursuant to article fourteen
6 of the civil service law so provides on behalf of employees in the
7 collective negotiating unit consisting of troopers in the division of
8 state police, established pursuant to article fourteen of the civil
9 service law, and upon audit and warrant of the state comptroller, the
10 director shall provide for the payment of monies to such employee organ-
11 ization for the establishment and maintenance of an employee benefit
12 fund established by the employee organization for the employees in the
13 negotiating unit covered by the controlling provisions of such agreement
14 providing for such employee benefit fund. Such amounts are to be deter-
15 mined consistent with said agreement, including any and all monies
16 agreed to be transferred in said agreement, and on the basis of the
17 number of full-time annual salaried employees, other than full-time
18 seasonal employees, on the payroll on March first, two thousand eighteen
19 for payments to be made on April first, two thousand eighteen, the
20 number of full-time annual salaried employees, other than full-time
21 seasonal employees, on the payroll on March first, two thousand nineteen
22 for payments to be made on April first, two thousand nineteen, the
23 number of full-time annual salaried employees, other than full-time
24 seasonal employees, on the payroll on March first, two thousand twenty
25 for payments to be made on April first, two thousand twenty, the number
26 of full-time annual salaried employees, other than full-time seasonal
27 employees, on the payroll on March first, two thousand twenty-one for
28 payments to be made on April first, two thousand twenty-one, and the
29 number of full-time annual salaried employees, other than full-time
30 seasonal employees, on the payroll on March first, two thousand twenty-
31 two for payments to be made on April first, two thousand twenty-two. The
32 amounts, which will be determined pursuant to this section, for employ-
33 ees who are paid from special or administrative funds, other than the
34 general fund or the capital projects fund of the state, will be paid
35 from the appropriations as provided by law, in which case the state
36 comptroller will establish procedures to ensure repayment from said
37 special or administrative funds. The director shall enter into an agree-
38 ment with the employee organization that sets forth the specific terms
39 and conditions for the transmittal of monies pursuant to this section.
40 Payments made pursuant to this paragraph and paragraph a of this subdi-
41 vision shall be made to the same fund as set forth in the agreement
42 between the director and the employee organization that represents the
43 employees covered by the provisions of this paragraph and paragraph a of
44 this subdivision.
45 § 3. Lump sum payment. Each member of this unit shall receive a lump
46 sum payment in the amount of a .5% increase on a member's basic annual
47 salary for the period April 7, 2016 to April 5, 2017, and a .5% increase
48 on a member's basic annual salary for the period April 6, 2017 to April
49 4, 2018 (inclusive of the .5% increase for the period April 7, 2016 to
50 April 5, 2017). Members who were not on the payroll for this entire
51 period shall receive a pro-rata lump sum payment for the period of time
52 such member was on the payroll during the period April 7, 2016 to April
53 5, 2018. Such additional compensation shall be in addition to, and shall
54 not be part of, the member's annual basic salary, and shall not affect
55 or impair any rights or benefits to which the member may be entitled;
A. 6965 5
1 provided, however, that such additional compensation shall be included
2 as compensation for retirement purposes.
3 § 4. Location compensation. (a) Notwithstanding any other provision of
4 law to the contrary, pursuant to the terms of the agreement negotiated
5 between the state and the employee organization representing the collec-
6 tive negotiating unit consisting of troopers in the division of state
7 police, members in this collective negotiating unit whose principal
8 place of employment, or, in the case of a field employee, whose official
9 station as determined in accordance with the regulations of the state
10 comptroller, is located in the county of Monroe and who were on the
11 payroll on March 31, 1985, and who have received this location compen-
12 sation continually since then, shall continue to receive location pay at
13 the rate of $200 per year, provided the member continues to be otherwise
14 eligible. Such location pay shall continue to be annualized and paid
15 during the regular bi-weekly periods. Such location pay shall be in
16 addition to, and shall not be a part of, a member's annual basic salary,
17 and shall not affect or impair any increments or other rights or bene-
18 fits to which the member may be entitled; provided, however, that
19 location pay shall be included as compensation for purposes of computa-
20 tion of overtime pay and for retirement purposes.
21 (b) Notwithstanding any other provision of law to the contrary, pursu-
22 ant to the terms of the agreement negotiated between the state and the
23 employee organization representing the collective negotiating unit
24 consisting of troopers in the division of state police, members in this
25 collective negotiating unit whose principal place of employment, or, in
26 the case of a field employee, whose official station as determined in
27 accordance with the regulations of the state comptroller, is located in
28 the city of New York, or in the county of Rockland, Westchester, Nassau
29 or Suffolk shall continue to receive location pay at the rate of $1,536
30 per year effective April 1, 2010. Such rate shall be increased as
31 follows: $1,686 effective April 1, 2019; $1,720 effective April 1,
32 2020; and $1,754 effective April 1, 2021.
33 (c) Notwithstanding any other provision of law to the contrary, pursu-
34 ant to the terms of the agreement negotiated between the state and the
35 employee organization representing the collective negotiating unit
36 consisting of troopers in the division of state police, members in this
37 collective negotiating unit whose principal place of employment, or, in
38 the case of a field employee, whose official station as determined in
39 accordance with the regulations of the state comptroller, is located in
40 the county of Orange, Putnam or Dutchess shall receive location pay at
41 the rate of $1,754 effective April 1, 2022.
42 (d) Such location pay shall continue to be annualized and paid during
43 regular bi-weekly periods. Such location pay shall be in addition to,
44 and shall not be a part of, a member's annual basic salary, and shall
45 not affect or impair any increments or other rights or benefits to which
46 the member may be entitled; provided, however, that the location pay
47 shall be included as compensation for purposes of computation of over-
48 time pay and for retirement purposes.
49 § 5. Supplemental location compensation. (a) Notwithstanding any other
50 provision of law to the contrary, pursuant to the terms of the agreement
51 negotiated between the state and the employee organization representing
52 the collective negotiating unit consisting of troopers in the division
53 of state police, members in this collective negotiating unit whose prin-
54 cipal place of employment, or, in the case of a field employee, whose
55 official station as determined in accordance with the regulations of the
56 state comptroller, is located in the city of New York, or in the county
A. 6965 6
1 of Putnam, Orange, Dutchess, Rockland, Westchester, Nassau or Suffolk
2 shall continue to receive supplemental location pay as follows:
3 Effective Date April 1, April 1, April 1, April 1, April 1,
4 2018 2019 2020 2021 2022
5 Orange/Putnam/
6 Dutchess $1,280 $1,280 $1,306 $1,332 $1,332
7 NYC/Rockland/
8 Westchester $1,918 $1,918 $1,956 $1,995 $2,330
9 Nassau/Suffolk $2,239 $2,239 $2,284 $2,330 $2,330
10 (b) Such supplemental location pay shall continue to be annualized and
11 paid during regular bi-weekly periods. Such supplemental location
12 compensation shall be in addition to, and shall not be a part of, a
13 member's annual basic salary, and shall not affect or impair any incre-
14 ments or other rights or benefits to which a member may be entitled;
15 provided, however, that such compensation shall be included as compen-
16 sation for purposes of computation of overtime pay and for retirement
17 purposes.
18 § 6. Expanded duty pay. (a) Notwithstanding any other provision of law
19 to the contrary, pursuant to the terms of the agreement negotiated
20 between the state and the employee organization representing the collec-
21 tive negotiating unit consisting of troopers in the division of state
22 police, during the period April 1, 2018 through March 31, 2020, the
23 annual payment for expanded duty pay for members of this unit shall
24 continue in the amount of $8,702. Effective April 1, 2020, the annual
25 payment for expanded duty pay shall be increased to $8,876. Effective
26 April 1, 2021, the annual payment for expanded duty pay shall be
27 increased to $9,054. Effective April 1, 2022, the annual payment for
28 expanded duty pay shall be increased to $9,235.
29 (b) Pursuant to the terms of the agreement negotiated between the
30 state and the employee organization representing the collective negoti-
31 ating unit consisting of troopers in the division of state police,
32 expanded duty pay shall continue to be annualized and paid during regu-
33 lar bi-weekly periods. Such additional compensation shall be in addi-
34 tion to, and shall not be part of, the member's annual basic salary, and
35 shall not affect or impair any rights or benefits to which the member
36 may be entitled; provided, however, that such additional compensation
37 shall be included as compensation for purposes of computation of over-
38 time pay and as compensation for retirement.
39 § 7. Hazardous duty pay. (a) Notwithstanding any other provision of
40 law to the contrary, pursuant to the terms of the agreement negotiated
41 between the state and the employee organization representing the collec-
42 tive negotiating unit consisting of troopers in the division of state
43 police, the annual payment for hazardous duty pay for members of this
44 unit shall continue and be increased to the amount of $3,734 effective
45 April 1, 2018. Effective April 1, 2019, the annual payment for hazardous
46 duty pay shall be $4,234. Effective April 1, 2020, the annual payment
47 for hazardous duty pay shall be $4,484. Effective April 1, 2021, the
48 annual payment for hazardous duty pay shall be $4,734.
49 (b) Notwithstanding any other provision of law to the contrary, pursu-
50 ant to the terms of the agreement negotiated between the state and the
51 employee organization representing the collective negotiating unit
52 consisting of troopers in the division of state police, hazardous duty
53 pay shall be payable to members of this unit in December of each respec-
54 tive state fiscal year to which the payment is attributed, or as soon as
A. 6965 7
1 practicable thereafter. Such payment shall continue to be made as a lump
2 sum payment to members of this unit on the payroll on November first of
3 each year during the pay period that includes December first of each
4 year. Such payment shall be in addition to, and shall not be part of,
5 the member's annual basic salary, and shall not affect or impair any
6 rights or benefits to which the member may be entitled; provided, howev-
7 er, that such payment shall be included as compensation for purposes of
8 computation of overtime pay and as compensation for retirement.
9 § 8. Health benefits committees. Pursuant to the terms of an agreement
10 negotiated between the state and the employee organization representing
11 the collective negotiating unit consisting of troopers in the division
12 of state police, during the period April 1, 2018 through March 31, 2023,
13 there shall continue to be a committee on health benefits funded in the
14 following amounts: $13,666 for the period April 1, 2018 through March
15 31, 2019; $13,939 for the period April 1, 2019 through March 31, 2020;
16 $14,218 for the period April 1, 2020 through March 31, 2021; $14,502 for
17 the period April 1, 2021 through March 31, 2022; and $14,792 for the
18 period April 1, 2022 through March 31, 2023. One-half of this amount in
19 each year shall be made available to the state and one-half of this
20 amount shall be made available to the employee organization representing
21 such unit.
22 § 9. Professional development and training funds. Pursuant to the
23 terms of an agreement negotiated between the state and the employee
24 organization representing the collective negotiating unit consisting of
25 troopers in the division of state police, during the period April 1,
26 2018 through March 31, 2023, there shall continue to be a professional
27 development and quality of working life committee from which the tuition
28 reimbursement program, the master's program and the employee assistance
29 program shall be supported. Such committee shall be funded in the
30 following amounts: $101,020 for the period April 1, 2018 through March
31 31, 2019; $103,040 for the period April 1, 2019 through March 31, 2020;
32 $105,101 for the period April 1, 2020 through March 31, 2021; $107,203
33 for the period April 1, 2021 through March 31, 2022; and $109,347 for
34 the period April 1, 2022 through March 31, 2023.
35 § 10. Recognized degree pay. Notwithstanding any provision of law to
36 the contrary, pursuant to the terms of the agreement negotiated between
37 the state and the employee organization representing the collective
38 negotiating unit consisting of troopers in the division of state police,
39 or the terms of the interest arbitration award made pursuant to subdivi-
40 sion 4 of section 209 of the civil service law binding the executive
41 branch of the state of New York and the employee organization represent-
42 ing such unit, effective March 31, 2003, the lump sum payments for
43 degrees, as contained in section 4 of chapter 244 of the laws of 2002,
44 shall continue.
45 § 11. Fifteen years of service pay. Notwithstanding any provision of
46 law to the contrary, pursuant to the terms of the agreement negotiated
47 between the state and the employee organization representing the collec-
48 tive negotiating unit consisting of troopers in the division of state
49 police, effective April 1, 2019, all members of the unit who have 15
50 years of service, as defined by the agreement between the parties, shall
51 receive a payment of $1,200. Such payment shall be annualized and paid
52 during regular bi-weekly periods. Such payment shall be in addition to,
53 and shall not be a part of, a member's annual basic salary, and shall
54 not affect or impair any increments or other rights or benefits to which
55 the member may be entitled; provided, however, that the payment shall be
A. 6965 8
1 included as compensation for purposes of computation of overtime pay and
2 for retirement purposes.
3 § 12. Short swings. (a) Notwithstanding any provision of law to the
4 contrary, pursuant to the terms of the agreement negotiated between the
5 state and the employee organization representing the collective negoti-
6 ating unit consisting of troopers in the division of state police, or
7 the terms of the interest arbitration award made pursuant to subdivision
8 4 of section 209 of the civil service law binding the executive branch
9 of the state of New York and the employee organization representing such
10 unit, effective March 31, 2003, members of this unit who are required to
11 work short swings shall continue to receive compensation of $30 for each
12 short swing they are required to work and actually work. There shall be
13 no short swing compensation where the short swing is worked at the
14 request of, or for the convenience of the member, as determined by the
15 division of state police. The definition of short swing shall be a tour
16 of duty commencing between the hours of five a.m. and nine a.m. (B line)
17 followed by a tour of duty commencing between nine p.m. and one a.m. (A
18 line) on consecutive days, or, a tour of duty commencing between the
19 hours of one p.m. and five p.m. (C line) followed by a tour of duty
20 commencing between the hours of five a.m. and nine a.m. (B line) on
21 consecutive days. Such additional compensation shall not be payable if
22 such member's hours of work continue from the conclusion of the former
23 shift to the commencement of the latter shift without interruption.
24 (b) The additional compensation payable pursuant to this section shall
25 be in addition to, and shall not be a part of, the member's annual basic
26 salary, and shall not affect or impair any rights or benefits to which
27 the member may be entitled; provided, however, that any compensation
28 payable pursuant to this section shall be included as compensation for
29 the purposes of computation of overtime pay and for retirement purposes.
30 The director of the budget may adopt such regulations as may be deemed
31 necessary to carry out the provisions of this section.
32 § 13. Member in charge of satellite station compensation. Members of
33 the collective negotiating unit consisting of troopers in the division
34 of state police who are designated "members in charge" of a satellite
35 station shall continue to receive $435 per year. Such payment for the
36 "member in charge" designation shall commence upon such designation and
37 shall be prorated based upon the duration of the designation.
38 § 14. Unused sick leave at retirement. Effective March 31, 2003, the
39 lump sum payment for unused sick leave at retirement as provided in
40 section 9 of chapter 9 of the laws of 2001 shall continue.
41 § 15. Overtime meal allowance. Notwithstanding any other provision of
42 law to the contrary, pursuant to the terms of the agreement negotiated
43 between the state and the employee organization representing the collec-
44 tive negotiating unit consisting of troopers in the division of state
45 police, or the terms of the interest arbitration award made pursuant to
46 subdivision 4 of section 209 of the civil service law binding the execu-
47 tive branch of the state of New York and the employee organization
48 representing such unit, the overtime meal allowance for unit members
49 shall continue at the rates in effect as of March 31, 2007.
50 § 16. Certified letter. The salary increases and benefit modifications
51 provided for by this act for state employees in the collective negotiat-
52 ing unit consisting of troopers in the division of state police estab-
53 lished pursuant to article 14 of the civil service law shall not be
54 implemented until the director of employee relations shall have deliv-
55 ered to the director of the budget and the comptroller a letter certify-
56 ing that there is in effect with respect to such negotiating unit a
A. 6965 9
1 collective negotiating agreement which provides for such increases and
2 modifications and which is fully executed in writing with the state
3 pursuant to article 14 of the civil service law, and ratified pursuant
4 to the ratification procedure of the employee organization certified
5 pursuant to article 14 of the civil service law to represent each such
6 collective negotiating unit.
7 § 17. Payment and publication of grievance arbitration settlements and
8 awards. Notwithstanding any provision of law to the contrary, the
9 appropriations contained in this act shall be available to the state for
10 the payment and publication of grievance arbitration settlements and
11 awards pursuant to article 15 of the collective negotiating agreement
12 between the state and the employee organization representing the collec-
13 tive negotiating unit consisting of troopers in the division of state
14 police.
15 § 18. Date of entitlement to salary increase. Notwithstanding the
16 provisions of this act or of any other provision of law to the contrary,
17 the increase in salary or compensation of any member of the collective
18 negotiating unit consisting of troopers in the division of state police
19 provided by this act shall be added to the salary or compensation of
20 such member at the beginning of that payroll period the first day of
21 which is nearest to the effective date of such increase as provided in
22 this act, or at the beginning of the earlier of two payroll periods the
23 first days of which are nearest but equally near to the effective date
24 of such increase as provided in this act; provided, however, that, for
25 the purposes of determining the salary of such officer or employee upon
26 reclassification, reallocation, appointment, promotion, transfer,
27 demotion, reinstatement, or other change of status, such salary increase
28 shall be deemed to be effective on the date thereof as prescribed by
29 this act, with payment thereof pursuant to this section on a date prior
30 thereto, instead of on such effective date, and shall not operate to
31 confer any additional salary rights or benefits on such officer or
32 employee. Payment of such salary increase may be deferred pursuant to
33 section nineteen of this act.
34 § 19. Deferred payment of salary increase. Notwithstanding the
35 provisions of any other section of this act or of any other provision of
36 law to the contrary, pending payment pursuant to this act of the basic
37 annual salaries of incumbents of positions subject to this act, such
38 incumbents shall receive, as partial compensation for services rendered,
39 the rate of compensation otherwise payable in their respective posi-
40 tions. An incumbent holding a position subject to this act at any time
41 during the period from the effective dates of the salary increases
42 provided for in this act until the time when basic annual salaries are
43 first paid pursuant to this act for such services in excess of the
44 compensation actually received therefor, shall be entitled to a lump sum
45 payment for the difference between the salary to which such incumbent is
46 entitled for such service and the compensation actually received there-
47 for. Such lump sum payment shall be made as soon as practicable. Any
48 amount payable in such lump sum paid represents compensation earned in
49 each of the year or years for which it is calculated pursuant to this
50 act and not as compensation earned wholly in the year during which the
51 lump sum is paid. Notwithstanding any law, rule or regulation to the
52 contrary, no member of the unit consisting of troopers to whom the
53 provisions of this act apply shall be entitled to, or owed, any interest
54 or other penalty for any reason on any monies due to such member pursu-
55 ant to the terms of the agreement covering employees in the unit
56 consisting of troopers.
A. 6965 10
1 § 20. Use of appropriations. Notwithstanding any provision of the
2 state finance law or any other provision of law to the contrary, the
3 state comptroller is authorized to pay any amounts required during the
4 fiscal year commencing April 1, 2018 or April 1, 2019, by the provisions
5 of this act for any state department or agency from any appropriation or
6 other funds available to such state department or agency for personal
7 service or for other related employee benefits during such fiscal year.
8 To the extent that such appropriations are insufficient in any fund to
9 accomplish the purposes herein set forth, the director of the budget is
10 authorized to allocate to the various departments and agencies, from any
11 appropriations available in any fund, the amounts necessary to pay such
12 amounts. The aforementioned appropriations shall be available for
13 payment of any liabilities or obligations incurred prior to April 1,
14 2018 or April 1, 2019, in addition to current liabilities.
15 § 21. Notwithstanding any provision of the state finance law or any
16 other provision of law to the contrary, the sum of $42,820,000 is hereby
17 appropriated in the general fund/state purposes account (10050) in
18 miscellaneous-all state departments and agencies solely for
19 apportionment/transfer by the director of the budget for use by any
20 state department or agency in any fund for the period April 1, 2018
21 through March 31, 2020 to supplement appropriations for personal
22 service, other than personal service and fringe benefits, and to carry
23 out the provisions of this act. No money shall be available for expendi-
24 ture from this appropriation until a certificate of approval has been
25 issued by the director of the budget and a copy of such certificate or
26 any amendment thereto has been filed with the state comptroller, the
27 chair of the senate finance committee and the chair of the assembly ways
28 and means committee. The monies hereby appropriated are available for
29 payment of any liabilities or obligations incurred prior to or during
30 the period April 1, 2018 through March 31, 2020. For this purpose, the
31 monies appropriated shall remain in full force and effect for the
32 payment of liabilities incurred on or before March 31, 2020.
33 § 22. The several amounts as hereinafter set forth, or so much thereof
34 as may be necessary, are hereby appropriated from the fund so designated
35 for use by any state department or agency for the period April 1, 2018
36 through March 31, 2020 to supplement appropriations from each respective
37 fund available for other than personal service and fringe benefits, and
38 to carry out the provisions of this act. The monies hereby appropriated
39 are available for the payment of any liabilities or obligations incurred
40 prior to or during the period commencing April 1, 2018 through March 31,
41 2020. No money shall be available for expenditure from the monies appro-
42 priated until a certificate of approval has been issued by the director
43 of the budget and a copy of such certificate or any amendment thereto
44 has been filed with the state comptroller, the chair of the senate
45 finance committee and the chair of the assembly ways and means commit-
46 tee.
47 ALL STATE DEPARTMENTS AND AGENCIES
48 SPECIAL PAY BILLS
49 General Fund/State Operations
50 State Purposes Account - 003
A. 6965 11
1 NON-PERSONAL SERVICE
2 Employee Benefit Fund ......................... $1,608,000
3 Health Benefits Committee ........................ $28,000
4 Professional Development Fund ................... $206,000
5 Contract Administration .......................... $50,000
6 § 23. This act shall take effect immediately and shall be deemed to
7 have been in full force and effect on and after April 1, 2018. Appropri-
8 ations made by this act shall remain in full force and effect For
9 liabilities incurred through March 31, 2020.
-----------------------------------
REPEAL NOTE. - Subparagraphs 1, 2, 3 and 4 of paragraph a of subdivi-
sion 2 of section 215 of the executive law, repealed by section one of
this act, provided salary schedules for state employees in the partic-
ular titles in the collective negotiating unit consisting of troopers in
the division of state police and are replaced by revised salary sched-
ules in new subparagraphs 1, 2, 3, 4 and 5 of paragraph a of subdivision
2 implementing an agreement between the state and the employee organiza-
tion representing such unit. Paragraph a-1 of subdivision 2 of section
207-b of the state finance law, repealed by section two of this act,
provided for payments to an employee benefit fund for state employees in
the particular titles in the collective negotiating unit consisting of
commissioned and non-commissioned officers in the division of state
police and is replaced by a revised schedule of payments to be made to
such fund in a new paragraph a-1 implementing an agreement between the
state and the employee organization representing such unit.
10 PART B
11 COLLECTIVE BARGAINING AGREEMENT BETWEEN
12 THE STATE OF NEW YORK AND THE POLICE BENEVOLENT
13 ASSOCIATION OF THE NEW YORK STATE TROOPERS, INC.
14 FOR 2018-2023
15 Section 1. Subparagraphs 5, 6, 7 and 8 of paragraph a of subdivision 2
16 of section 215 of the executive law are REPEALED and five new subpara-
17 graphs 6, 7, 8, 9 and 10 are added to read as follows:
18 (6) Effective April first, two thousand eighteen, members of the
19 collective negotiating unit consisting of commissioned and non-commis-
20 sioned officers in the division of state police shall receive a basic
21 annual salary pursuant to the following schedule:
22 O/P/DuNYC/R/WNass/SuffAll Others
23 Sergeant and
24 Technical
25 Sergeant$109,380$110,546$110,851$109,163
26 Station
27 Commander$112,914$114,080$114,385$112,700
28 Zone
29 Sergeant$114,717$115,878$116,183$114,500
30 First,
31 Staff
32 and
33 Chief T/
A. 6965 12
1 Sgt$120,619$121,781$122,087$120,401
2 Lieutenant
3 and
4 Technical
5 Lieutenant$130,715$131,878$132,183$130,500
6 Lieutenant
7 BCI$133,275$134,439$134,744$133,057
8 Captain$139,403$140,567$140,875$139,187
9 Captain BCI$142,002$143,163$143,470$141,783
10 Major$148,540$149,703$150,008$148,321
11 (7) Effective April first, two thousand nineteen, members of the
12 collective negotiating unit consisting of commissioned and non-commis-
13 sioned officers in the division of state police shall receive a basic
14 annual salary pursuant to the following schedule:
15 O/P/DuNYC/R/WNass/SuffAll Others
16 Sergeant and
17 Technical
18 Sergeant$111,568$112,757$113,068$111,346
19 Station
20 Commander$115,172$116,362$116,673$114,954
21 Zone
22 Sergeant$117,011$118,196$118,507$116,790
23 First,
24 Staff
25 and
26 Chief T/
27 Sgt$123,031$124,217$124,529$122,809
28 Lieutenant
29 and
30 Technical
31 Lieutenant$133,329$134,516$134,827$133,110
32 Lieutenant
33 BCI$135,941$137,128$137,439$135,718
34 Captain$142,191$143,378$143,693$141,971
35 Captain BCI$144,842$146,026$146,339$144,619
36 Major$151,511$152,697$153,008$151,287
37 (8) Effective April first, two thousand twenty, members of the collec-
38 tive negotiating unit consisting of commissioned and non-commissioned
39 officers in the division of state police shall receive a basic annual
40 salary pursuant to the following schedule:
41 O/P/DuNYC/R/WNass/SuffAll Others
42 Sergeant and
43 Technical
44 Sergeant$113,799$115,012$115,329$113,573
45 Station
46 Commander$117,475$118,689$119,006$117,253
47 Zone
48 Sergeant$119,351$120,560$120,877$119,126
49 First,
50 Staff
51 and
52 Chief T/
53 Sgt$125,492$126,701$127,020$125,265
54 Lieutenant
55 and
56 Technical
A. 6965 13
1 Lieutenant$135,996$137,206$137,524$135,772
2 Lieutenant
3 BCI$138,660$139,871$140,188$138,432
4 Captain$145,035$146,246$146,567$144,810
5 Captain BCI$147,739$148,947$149,266$147,511
6 Major$154,541$155,751$156,068$154,313
7 (9) Effective April first, two thousand twenty-one, members of the
8 collective negotiating unit consisting of commissioned and non-commis-
9 sioned officers in the division of state police shall receive a basic
10 annual salary pursuant to the following schedule:
11 O/P/DuNYC/R/WNass/SuffAll Others
12 Sergeant and
13 Technical
14 Sergeant$116,075$117,312$117,636$115,844
15 Station
16 Commander$119,825$121,063$121,386$119,598
17 Zone
18 Sergeant$121,738$122,971$123,295$121,509
19 First,
20 Staff
21 and
22 Chief T/
23 Sgt$128,002$129,235$129,560$127,770
24 Lieutenant
25 and
26 Technical
27 Lieutenant$138,716$139,950$140,274$138,487
28 Lieutenant
29 BCI$141,433$142,668$142,992$141,201
30 Captain$147,936$149,171$149,498$147,706
31 Captain BCI$150,694$151,926$152,251$150,461
32 Major$157,632$158,866$159,189$157,399
33 (10) Effective April first, two thousand twenty-two, members of the
34 collective negotiating unit consisting of commissioned and non-commis-
35 sioned officers in the division of state police shall receive a basic
36 annual salary pursuant to the following schedule:
37 O/P/DuNYC/R/WNass/SuffAll Others
38 Sergeant and
39 Technical
40 Sergeant$118,397$119,658$119,989$118,161
41 Station
42 Commander$122,222$123,484$123,814$121,990
43 Zone
44 Sergeant$124,173$125,430$125,761$123,939
45 First,
46 Staff
47 and
48 Chief T/
49 Sgt$130,562$131,820$132,151$130,325
50 Lieutenant
51 and
52 Technical
53 Lieutenant$141,490$142,749$143,079$141,257
54 Lieutenant
55 BCI$144,262$145,521$145,852$144,025
56 Captain$150,895$152,154$152,488$150,660
A. 6965 14
1 Captain BCI$153,708$154,965$155,296$153,470
2 Major$160,785$162,043$162,373$160,547
3 § 2. Paragraph a of subdivision 2 of section 207-b of the state
4 finance law is REPEALED and a new paragraph a is added to read as
5 follows:
6 a. Where, and to the extent that, the agreement between the state and
7 an employee organization entered into pursuant to article fourteen of
8 the civil service law so provides on behalf of the employees in the
9 collective negotiating unit consisting of commissioned and non-commis-
10 sioned officers in the division of state police, established pursuant to
11 article fourteen of the civil service law, and upon audit and warrant of
12 the state comptroller, the director shall provide for the payment of
13 monies to such employee organization for the establishment and mainte-
14 nance of an employee benefit fund established by the employee organiza-
15 tion for the employees in the negotiating unit covered by the control-
16 ling provisions of such agreement providing for such employee benefit
17 fund. Such amounts are to be determined consistent with said agreement,
18 including any and all monies agreed to be transferred in said agreement,
19 and on the basis of the number of full-time annual salaried employees,
20 other than full-time seasonal employees, on the payroll on March first,
21 two thousand eighteen for payments to be made on April first, two thou-
22 sand eighteen, the number of full-time annual salaried employees, other
23 than full-time seasonal employees, on the payroll on March first, two
24 thousand nineteen for payments to be made on April first, two thousand
25 nineteen, the number of full-time annual salaried employees, other than
26 full-time seasonal employees, on the payroll on March first, two thou-
27 sand twenty for payments to be made on April first, two thousand twenty,
28 the number of full-time annual salaried employees, other than full-time
29 seasonal employees, on the payroll on March first, two thousand twenty-
30 one for payments to be made on April first, two thousand twenty-one, and
31 the number of full-time annual salaried employees, other than full-time
32 seasonal employees, on the payroll on March first, two thousand twenty-
33 two for payments to be made on April first, two thousand twenty-two. The
34 amounts, which will be determined pursuant to this section, for employ-
35 ees who are paid from special or administrative funds, other than the
36 general fund or the capital projects fund of the state, will be paid
37 from the appropriations as provided by law, in which case the state
38 comptroller will establish procedures to ensure repayment from said
39 special or administrative funds. The director shall enter into an agree-
40 ment with the employee organization that sets forth the specific terms
41 and conditions for the transmittal of monies pursuant to this section.
42 Payments made pursuant to this paragraph and paragraph a-1 of this
43 subdivision shall be made to the same fund as set forth in the agreement
44 between the director and the employee organization that represents the
45 employees covered by the provisions of this paragraph and paragraph a-1
46 of this subdivision.
47 § 3. Lump sum payment. Each member of this unit shall receive a lump
48 sum payment in the amount of a .5% increase on a member's basic annual
49 salary for the period April 7, 2016 to April 5, 2017, and a .5% increase
50 on a member's basic annual salary for the period April 6, 2017 to April
51 4, 2018 (inclusive of the .5% increase for the period April 7, 2016 to
52 April 5, 2017). Members who were not on the payroll for this entire
53 period shall receive a pro-rata lump sum payment for the period of time
54 such member was on the payroll during the period April 7, 2016 to April
55 5, 2018. Such additional compensation shall be in addition to, and shall
56 not be part of, the member's annual basic salary, and shall not affect
A. 6965 15
1 or impair any rights or benefits to which the member may be entitled;
2 provided, however, that such additional compensation shall be included
3 as compensation for retirement purposes.
4 § 4. Location compensation. (a) Notwithstanding any other provision of
5 law to the contrary, pursuant to the terms of the agreement negotiated
6 between the state and the employee organization representing the collec-
7 tive negotiating unit consisting of commissioned and non-commissioned
8 officers in the division of state police, members in this collective
9 negotiating unit whose principal place of employment, or, in the case of
10 a field employee, whose official station as determined in accordance
11 with the regulations of the state comptroller, is located in the county
12 of Monroe and who were on the payroll on March 31, 1985, and who have
13 received this location compensation continually since then, shall
14 continue to receive location pay at the rate of $200 per year, provided
15 the member continues to be otherwise eligible. Such location pay shall
16 continue to be annualized and paid during the regular bi-weekly periods.
17 Such location pay shall be in addition to, and shall not be a part of, a
18 member's annual basic salary, and shall not affect or impair any incre-
19 ments or other rights or benefits to which the member may be entitled;
20 provided, however, that location pay shall be included as compensation
21 for purposes of computation of overtime pay and for retirement purposes.
22 (b) Notwithstanding any other provision of law to the contrary, pursu-
23 ant to the terms of the agreement negotiated between the state and the
24 employee organization representing the collective negotiating unit
25 consisting of commissioned and non-commissioned officers in the division
26 of state police, members in this collective negotiating unit whose prin-
27 cipal place of employment, or, in the case of a field employee, whose
28 official station as determined in accordance with the regulations of the
29 state comptroller, is located in the city of New York, or in the county
30 of Rockland, Westchester, Nassau or Suffolk shall continue to receive
31 location pay at the rate of $1,536 per year effective April 1, 2010.
32 Such rate shall be increased as follows: $1,686 effective April 1, 2019;
33 $1,720 effective April 1, 2020; and $1,754 effective April 1, 2021.
34 (c) Notwithstanding any other provision of law to the contrary, pursu-
35 ant to the terms of the agreement negotiated between the state and the
36 employee organization representing the collective negotiating unit
37 consisting of commissioned and non-commissioned officers in the division
38 of state police, members in this collective negotiating unit whose prin-
39 cipal place of employment, or, in the case of a field employee, whose
40 official station as determined in accordance with the regulations of the
41 state comptroller, is located in the county of Orange, Putnam or Dutch-
42 ess shall receive location pay at the rate of $1,754 effective April 1,
43 2022.
44 (d) Such location pay shall continue to be annualized and paid during
45 regular bi-weekly periods. Such location pay shall be in addition to,
46 and shall not be a part of, a member's annual basic salary, and shall
47 not affect or impair any increments or other rights or benefits to which
48 the member may be entitled; provided, however, that the location pay
49 shall be included as compensation for purposes of computation of over-
50 time pay and for retirement purposes.
51 § 5. Supplemental location compensation. (a) Notwithstanding any other
52 provision of law to the contrary, pursuant to the terms of the agreement
53 negotiated between the state and the employee organization representing
54 the collective negotiating unit consisting of commissioned and non-com-
55 missioned officers in the division of state police, members in this
56 collective negotiating unit whose principal place of employment, or, in
A. 6965 16
1 the case of a field employee, whose official station as determined in
2 accordance with the regulations of the state comptroller, is located in
3 the city of New York, or in the county of Putnam, Orange, Dutchess,
4 Rockland, Westchester, Nassau or Suffolk shall continue to receive
5 supplemental location pay as follows:
6 Effective Date April 1, April 1, April 1, April 1, April 1,
7 2018 2019 2020 2021 2022
8 Orange/Putnam/
9 Dutchess $1,280 $1,280 $1,306 $1,332 $1,332
10 NYC/Rockland/
11 Westchester $1,918 $1,918 $1,956 $1,995 $2,330
12 Nassau/Suffolk $2,239 $2,239 $2,284 $2,330 $2,330
13 (b) Such supplemental location pay shall continue to be annualized and
14 paid during regular bi-weekly periods. Such supplemental location
15 compensation shall be in addition to, and shall not be a part of, a
16 member's annual basic salary, and shall not affect or impair any incre-
17 ments or other rights or benefits to which the member may be entitled;
18 provided, however, that such compensation shall be included as compen-
19 sation for purposes of computation of overtime pay and for retirement
20 purposes.
21 § 6. Expanded duty pay. (a) Notwithstanding any other provision of law
22 to the contrary, pursuant to the terms of the agreement negotiated
23 between the state and the employee organization representing the collec-
24 tive negotiating unit consisting of commissioned and non-commissioned
25 officers in the division of state police, during the period April 1,
26 2018 through March 31, 2020, the annual payment for expanded duty pay
27 for members of this unit shall continue in the amount of $8,702. Effec-
28 tive April 1, 2020, the annual payment for expanded duty pay shall be
29 increased to $8,876. Effective April 1, 2021, the annual payment for
30 expanded duty pay shall be increased to $9,054. Effective April 1, 2022,
31 the annual payment for expanded duty pay shall be increased to $9,235.
32 (b) Pursuant to the terms of the agreement negotiated between the
33 state and the employee organization representing the collective negoti-
34 ating unit consisting of commissioned and non-commissioned officers in
35 the division of state police, expanded duty pay shall continue to be
36 annualized and paid during regular bi-weekly periods. Such additional
37 compensation shall be in addition to, and shall not be part of, the
38 member's annual basic salary, and shall not affect or impair any rights
39 or benefits to which the member may be entitled; provided, however, that
40 such additional compensation shall be included as compensation for
41 purposes of computation of overtime pay and as compensation for retire-
42 ment.
43 § 7. Hazardous duty pay. (a) Notwithstanding any other provision of
44 law to the contrary, pursuant to the terms of the agreement negotiated
45 between the state and employee organization representing the collective
46 negotiating unit consisting of commissioned and non-commissioned offi-
47 cers in the division of state police, the annual payment for hazardous
48 duty pay for members of this unit shall continue and be increased to the
49 amount of $3,734 effective April 1, 2018. Effective April 1, 2019, the
50 annual payment for hazardous duty pay shall be $4,234. Effective April
51 1, 2020, the annual payment for hazardous duty pay shall be $4,484.
52 Effective April 1, 2021, the annual payment for hazardous duty pay shall
53 be $4,734.
A. 6965 17
1 (b) Notwithstanding any other provision of law to the contrary, pursu-
2 ant to the terms of the agreement negotiated between the state and the
3 employee organization representing the collective negotiating unit
4 consisting of commissioned and non-commissioned officers in the division
5 of state police, hazardous duty pay shall be payable to members of this
6 unit in December of each respective state fiscal year to which the
7 payment is attributed, or as soon as practicable thereafter. Such
8 payment shall continue to be made as a lump sum payment to members of
9 this unit on the payroll on the first of November each year during the
10 pay period that includes the first of December each year. Such payment
11 shall be in addition to, and shall not be part of, the member's annual
12 basic salary, and shall not affect or impair any rights or benefits to
13 which the member may be entitled; provided, however, that such payment
14 shall be included as compensation for purposes of computation of over-
15 time pay and as compensation for retirement.
16 § 8. Command pay. (a) Notwithstanding any provision of law to the
17 contrary, pursuant to the terms of an agreement negotiated between the
18 state and the employee organization representing the collective negoti-
19 ating unit consisting of commissioned and non-commissioned officers in
20 the division of state police, in recognition that commissioned and non-
21 commissioned officers in the division of state police assume higher
22 level responsibilities, such commissioned and non-commissioned officers
23 shall continue to receive command pay in the amount of $319 effective
24 April 1, 2018. Effective April 1, 2019, command pay shall be increased
25 to the amount of $1,519.
26 (b) Such payment shall be annualized and paid during the regular
27 bi-weekly periods and shall be in addition to, and not part of, the
28 member's annual basic salary, and shall not affect or impair any rights
29 or benefits to which the member may be entitled; provided, however, such
30 payments shall be included as compensation for retirement purposes.
31 Command pay shall be included for overtime calculations for non-commis-
32 sioned officers.
33 § 9. Health benefits committees. Pursuant to the terms of an agreement
34 negotiated between the state and the employee organization representing
35 the collective negotiating unit consisting of commissioned and non-com-
36 missioned officers in the division of state police, during the period
37 April 1, 2018 through March 31, 2023, there shall continue to be a
38 committee on health benefits funded in the following amounts: $5,466 for
39 the period April 1, 2018 through March 31, 2019; $5,575 for the period
40 April 1, 2019 through March 31, 2020; $5,687 for the period April 1,
41 2020 through March 31, 2021; $5,801 for the period April 1, 2021 through
42 March 31, 2022; and $5,917 for the period April 1, 2022 through March
43 31, 2023. One-half of this amount in each year shall be made available
44 to the state and one-half of this amount shall be made available to the
45 employee organization representing such unit.
46 § 10. Professional development and training funds. Pursuant to the
47 terms of an agreement negotiated between the state and the employee
48 organization representing the collective negotiating unit consisting of
49 commissioned and non-commissioned officers in the division of state
50 police, during the period April 1, 2018 through March 31, 2023, there
51 shall continue to be a professional development and quality of working
52 life committee from which the tuition reimbursement program, the
53 master's program and the employee assistance program shall be supported.
54 Such committee shall be funded in the following amounts: $101,020 for
55 the period April 1, 2018 through March 31, 2019; $103,040 for the period
56 April 1, 2019 through March 31, 2020; $105,101 for the period April 1,
A. 6965 18
1 2020 through March 31, 2021; $107,203 for the period April 1, 2021
2 through March 31, 2022; and $109,347 for the period April 1, 2022
3 through March 31, 2023.
4 § 11. Recognized degree pay. Notwithstanding any provision of law to
5 the contrary, pursuant to the terms of the agreement negotiated between
6 the state and the employee organization representing the collective
7 negotiating unit consisting of commissioned and non-commissioned offi-
8 cers in the division of state police, or the terms of the interest arbi-
9 tration award made pursuant to subdivision 4 of section 209 of the civil
10 service law binding the executive branch of the state of New York and
11 the employee organization representing such unit, effective March 31,
12 2003, the lump sum payments for degrees, as contained in section 5 of
13 chapter 244 of the laws of 2002, shall continue.
14 § 12. Short swings. (a) Notwithstanding any provision of law to the
15 contrary, pursuant to the terms of the agreement negotiated between the
16 state and the employee organization representing the collective negoti-
17 ating unit consisting of commissioned and non-commissioned officers in
18 the division of state police, or the terms of the interest arbitration
19 award made pursuant to subdivision 4 of section 209 of the civil service
20 law binding the executive branch of the state of New York and the
21 employee organization representing such unit, effective March 31, 2003,
22 members of this unit who are required to work short swings shall contin-
23 ue to receive compensation of $30 for each short swing they are required
24 to work and actually work. There shall be no short swing compensation
25 where the short swing is worked at the request of, or for the conven-
26 ience of the member, as determined by the division of state police. The
27 definition of short swing shall be a tour of duty commencing between the
28 hours of five a.m. and nine a.m. (B line) followed by a tour of duty
29 commencing between nine p.m. and one a.m. (A line) on consecutive days,
30 or, a tour of duty commencing between the hours of one p.m. and five
31 p.m. (C line) followed by a tour of duty commencing between the hours of
32 five a.m. and nine a.m. (B line) on consecutive days. Such additional
33 compensation shall not be payable if such member's hours of work contin-
34 ue from the conclusion of the former shift to the commencement of the
35 latter shift without interruption.
36 (b) The additional compensation payable pursuant to this section shall
37 be in addition to, and shall not be a part of, the member's annual basic
38 salary, and shall not affect or impair any rights or benefits to which
39 the member may be entitled; provided, however, that any compensation
40 payable pursuant to this section shall be included as compensation for
41 the purposes of computation of overtime pay and for retirement purposes.
42 The director of the budget may adopt such regulations as may be deemed
43 necessary to carry out the provisions of this section.
44 § 13. Unused sick leave at retirement. Effective March 31, 2003, the
45 lump sum payment for unused sick leave at retirement as provided in
46 section 9 of chapter 10 of the laws of 2001 shall continue.
47 § 14. Overtime meal allowance. Notwithstanding any other provision of
48 law to the contrary, pursuant to the terms of the agreement negotiated
49 between the state and the employee organization representing the collec-
50 tive negotiating unit consisting of commissioned and non-commissioned
51 officers in the division of state police, or the terms of the interest
52 arbitration award made pursuant to subdivision 4 of section 209 of the
53 civil service law binding the executive branch of the state of New York
54 and the employee organization representing such unit, the overtime meal
55 allowance for unit members shall continue at the rates in effect as of
56 March 31, 2007.
A. 6965 19
1 § 15. Certifying letter. The salary increases and benefit modifica-
2 tions provided for by this act for state employees in the collective
3 negotiating unit consisting of commissioned and non-commissioned offi-
4 cers in the division of state police established pursuant to article 14
5 of the civil service law shall not be implemented until the director of
6 employee relations shall have delivered to the director of the budget
7 and the comptroller a letter certifying that there is in effect with
8 respect to such negotiating unit a collective negotiating agreement
9 which provides for such increases and modifications and which is fully
10 executed in writing with the state pursuant to article 14 of the civil
11 service law, and ratified pursuant to the ratification procedure of the
12 employee organization certified pursuant to article 14 of the civil
13 service law to represent each such collective negotiating unit.
14 § 16. Payment and publication of grievance arbitration settlements and
15 awards. Notwithstanding any provision of law to the contrary, the
16 appropriations contained in this act shall be available to the state for
17 the payment and publication of grievance arbitration settlements and
18 awards pursuant to article 15 of the collective negotiating agreement
19 between the state and the employee organization representing the collec-
20 tive negotiating unit consisting of commissioned and non-commissioned
21 officers in the division of state police.
22 § 17. Date of entitlement to salary increase. Notwithstanding the
23 provisions of this act or of any other provision of law to the contrary,
24 the increase in salary or compensation of any member of the collective
25 negotiating unit consisting of commissioned and non-commissioned offi-
26 cers in the division of state police provided by this act shall be added
27 to the salary of such member at the beginning of that payroll period the
28 first day of which is nearest to the effective date of such increase as
29 provided in this act, or at the beginning of the earlier of two payroll
30 periods the first days of which are nearest but equally near to the
31 effective date of such increase as provided in this act; provided,
32 however, that, for the purposes of determining the salary of such offi-
33 cer or employee upon reclassification, reallocation, appointment,
34 promotion, transfer, demotion, reinstatement, or other change of status,
35 such salary increase shall be deemed to be effective on the date thereof
36 as prescribed by this act, with payment thereof pursuant to this section
37 on a date prior thereto, instead of on such effective date, and shall
38 not operate to confer any additional salary rights or benefits on such
39 officer or employee. Payment of such salary increase may be deferred
40 pursuant to section eighteen of this act.
41 § 18. Deferred payment of salary increase. Notwithstanding the
42 provisions of any other section of this act or of any other provision of
43 law to the contrary, pending payment pursuant to this act of the basic
44 annual salaries of incumbents of positions subject to this act, such
45 incumbents shall receive, as partial compensation for services rendered,
46 the rate of compensation otherwise payable in their respective posi-
47 tions. An incumbent holding a position subject to this act at any time
48 during the period from the effective dates of the salary increases
49 provided for in this act until the time when basic annual salaries are
50 first paid pursuant to this act for such services in excess of the
51 compensation actually received therefor, shall be entitled to a lump sum
52 payment for the difference between the salary to which such incumbent is
53 entitled for such service and the compensation actually received there-
54 for. Such lump sum payment shall be made as soon as practicable. Any
55 amount payable in such lump sum paid represents compensation earned in
56 each of the year or years for which it is calculated pursuant to this
A. 6965 20
1 act and not as compensation earned wholly in the year during which the
2 lump sum is paid. Notwithstanding any law, rule or regulation to the
3 contrary, no member of the unit consisting of commissioned and non-com-
4 missioned officers to whom the provisions of this act apply shall be
5 entitled to, or owed, any interest or other penalty for any reason on
6 any monies due to such member pursuant to the terms of the agreement
7 covering employees in the unit consisting of commissioned and non-com-
8 missioned officers.
9 § 19. Use of appropriations. Notwithstanding any provision of the
10 state finance law or any other provision of law to the contrary, the
11 state comptroller is authorized to pay any amounts required during the
12 fiscal year commencing April 1, 2018 or April 1, 2019, by the provisions
13 of this act for any state department or agency from any appropriation or
14 other funds available to such state department or agency for personal
15 service or for other related employee benefits during such fiscal year.
16 To the extent that such appropriations are insufficient in any fund to
17 accomplish the purposes herein set forth, the director of the budget is
18 authorized to allocate to the various departments and agencies, from any
19 appropriations available in any fund, the amounts necessary to pay such
20 amounts. The aforementioned appropriations shall be available for
21 payment of any liabilities or obligations incurred prior to April 1,
22 2018 or April 1, 2019, in addition to current liabilities.
23 § 20. Notwithstanding any provision of the state finance law or any
24 other provision of law to the contrary, the sum of $13,440,000 is hereby
25 appropriated in the general fund/state purposes account (10050) in
26 miscellaneous-all state departments and agencies solely for
27 apportionment/transfer by the director of the budget for use by any
28 state department or agency in any fund for the period April 1, 2018
29 through March 31, 2020 to supplement appropriations for personal
30 service, other than personal service and fringe benefits, and to carry
31 out the provisions of this act. No money shall be available for expendi-
32 ture from this appropriation until a certificate of approval has been
33 issued by the director of the budget and a copy of such certificate or
34 any amendment thereto has been filed with the state comptroller, the
35 chair of the senate finance committee and the chair of the assembly ways
36 and means committee. The monies hereby appropriated are available for
37 payment of any liabilities or obligations incurred prior to or during
38 the period April 1, 2018 through March 31, 2020. For this purpose, the
39 monies appropriated shall remain in full force and effect for the
40 payment of liabilities incurred on or before March 31, 2020.
41 § 21. The several amounts as hereinafter set forth, or so much thereof
42 as may be necessary, are hereby appropriated from the fund so designated
43 for use by any state department or agency for the period commencing
44 April 1, 2018 through March 31, 2020 to supplement appropriations from
45 each respective fund available for other than personal service and
46 fringe benefits, and to carry out the provisions of this act. The monies
47 hereby appropriated are available for payment of any liabilities or
48 obligations incurred prior to or during the period commencing April 1,
49 2018 through March 31, 2020. No money shall be available for expendi-
50 ture from the monies appropriated until a certificate of approval has
51 been issued by the director of the budget and a copy of such certificate
52 or any amendment thereto has been filed with the state comptroller, the
53 chair of the senate finance committee and the chair of the assembly ways
54 and means committee.
A. 6965 21
1 ALL STATE DEPARTMENTS AND AGENCIES
2 SPECIAL PAY BILLS
3 General Fund/State Operations
4 State Purposes Account - 003
5 NON-PERSONAL SERVICE
6 Employee Benefit Fund ........................... $431,000
7 Health Benefits Committee ........................ $11,200
8 Professional Development Fund ................... $206,000
9 § 22. This act shall take effect immediately and shall be deemed to
10 have been in full force and effect on and after April 1, 2018. Appropri-
11 ations made by this act shall remain in full force and effect for
12 liabilities incurred through March 31, 2020.
-----------------------------------
REPEAL NOTE.--Subparagraphs 5, 6, 7, and 8 of paragraph a of subdivi-
sion 2 of section 215 of the executive law, repealed by section one of
this act, provided salary schedules for state employees in the partic-
ular titles in the collective negotiating unit consisting of commis-
sioned and non-commissioned officers in the division of state police and
are replaced by revised salary schedules in new subparagraphs 6, 7, 8, 9
and 10 of paragraph a of subdivision 2 implementing an agreement between
the state and the employee organization representing such unit. Para-
graph a of subdivision 2 of section 207-b of the state finance law,
repealed by section two of this act, provided for payments to an employ-
ee benefit fund for state employees in the particular titles in the
collective negotiating unit consisting of commissioned and non-commis-
sioned officers in the division of state police and is replaced by a
revised schedule of payments to be made to such fund in a new paragraph
a implementing an agreement between the state and the employee organiza-
tion representing such unit.
13 PART C
14 COLLECTIVE BARGAINING AGREEMENT BETWEEN
15 THE STATE OF NEW YORK AND THE NEW YORK STATE CORRECTIONAL OFFICERS
16 AND POLICE BENEVOLENT ASSOCIATION, INC., SECURITY SERVICES UNIT
17 FOR 2016-2023
18 Section 1. Paragraph f of subdivision 1 of section 130 of the civil
19 service law is REPEALED and a new paragraph f is added to read as
20 follows:
21 f. Effective on the dates indicated, salary grades for the positions
22 in the competitive, non-competitive and labor classes of the classified
23 service of the state of New York in the collective negotiating unit
24 designated as the security services collective negotiating unit estab-
25 lished pursuant to article fourteen of this chapter who are not eligible
26 for binding interest arbitration pursuant to subdivision four of section
27 two hundred nine of this chapter, shall be as follows:
28 1. Effective April 1, 2016:
A. 6965 31
1 441615134444150460814957952019
2 543504141146002482005179554506
3 645682148748316506295433157156
4 747983154450722531275690259817
5 850406160453254557515960862623
6 952989167555963585726253565660
7 1055830176258943616836574768998
8 1158803183362043648986906372427
9 1261828191465221682057248475976
10 1365199199668733718407623179845
11 1468716209372417756748019083956
12 1572323217676179795708420388105
13 1676140227580168837158848292535
14 1780263239884501882339316297402
15 18845902515890479297298067102498
16 198896126319361497708102950107557
17 2093311274998179102466107874112668
18 21980092863103085107551113116118094
19 221032333033108600113322119111124345
20 231082213117113750118618124528129904
21 241136393233119369124412130482136035
22 251196243375125599130863137115142884
23 § 2. Paragraph g of subdivision 1 of section 130 of the civil service
24 law is REPEALED and a new paragraph g is added to read as follows:
25 g. Pursuant to the terms of an agreement between the state and an
26 employee organization entered into pursuant to article fourteen of the
27 civil service law covering members of the collective negotiating unit
28 designated as the security services collective negotiating unit who are
29 employed within the state department of corrections and community super-
30 vision and who are designated as peace officers pursuant to section 2.10
31 of the criminal procedure law, effective on the dates indicated, salary
32 grades for such unit members shall be as follows:
33 1. Effective April 1, 2016:
34 Effective March 31, 2016 (Institutional) and
35 Effective April 7, 2016 (Administrative)
36 Perf.Perf.Perf.Perf.Perf.
37 Ad-Ad-Ad-Ad-Ad-
38 Hir-vancevancevancevancevance
39 ingStepStepStepStepStep
40 SGRate12345
41 126,44827,47728,50629,53530,56431,593
42 227,34328,42729,51130,59531,67932,763
43 328,59429,72530,85631,98733,11834,249
44 429,79230,98632,18033,37434,56835,762
45 531,11332,36533,61734,86936,12137,373
46 632,64133,96135,28136,60137,92139,241
47 734,38235,75337,12438,49539,86641,237
48 836,21237,63639,06040,48441,90843,332
49 938,12939,61641,10342,59044,07745,564
50 1040,18841,75243,31644,88046,44448,008
51 1142,45044,07745,70447,33148,95850,585
52 1244,70446,40348,10249,80151,50053,199
53 1347,26149,03350,80552,57754,34956,121
A. 6965 41
1 241136393233119369124412130482136035
2 251196243375125599130863137115142884
3 § 3. Subdivision 2 of section 207-a of the state finance law, as
4 amended by chapter 261 of the laws of 2012, is amended to read as
5 follows:
6 2. Where and to the extent that an agreement between the state and an
7 employee organization entered into pursuant to article fourteen of the
8 civil service law or an interest arbitration award issued pursuant to
9 subdivision four of section two hundred nine of the civil service law
10 between the state and an employee organization so provides on behalf of
11 employees in the collective negotiating unit designated as the security
12 services unit established pursuant to article fourteen of the civil
13 service law, and upon audit and warrant of the comptroller, the director
14 shall provide for the payment of moneys to such employee organization for
15 the establishment and maintenance of an employee benefit fund established
16 by the employee organization for the employees in the negotiating unit
17 covered by the controlling provision of such agreement or award providing
18 for such employee benefit fund, such amount to be determined consistent
19 with said agreement or award on the basis of the number of full-time
20 annual salaried employees, as determined by the comptroller, on the
21 payroll on the last day of the payroll period in which March first, two
22 thousand [nine] sixteen, falls for payments to be made on April first,
23 two thousand [nine] sixteen, on the last day of the payroll period in
24 which March first, two thousand [ten] seventeen falls for payments to be
25 made on April first, two thousand [ten] seventeen, on the last day of the
26 payroll period in which March first, two thousand [eleven] eighteen falls
27 for payments to be made on April first, two thousand [eleven] eighteen,
28 on the last day of the payroll period in which March first, two thousand
29 [twelve] nineteen falls for payments to be made on April first, two thou-
30 sand [twelve] nineteen, on the last day of the payroll period in which
31 March first, two thousand [thirteen] twenty falls for payments to be made
32 on April first, two thousand [thirteen] twenty, on the last day of the
33 payroll period in which March first, two thousand [fourteen] twenty-one
34 falls for payments to be made on April first, two thousand [fourteen]
35 twenty-one and, on the last day of the payroll period in which March
36 first, two thousand [fifteen] twenty-two falls for payments to be made on
37 April first, two thousand [fifteen] twenty-two. The amount, which will
38 be determined pursuant to this section, for employees who are paid from
39 special or administrative funds, other than the general fund or the capi-
40 tal projects fund of the state, will be paid from the appropriations as
41 provided by law, in which case the comptroller will establish procedures
42 to ensure repayment from said special or administrative funds. The direc-
43 tor may enter into an agreement with an employee organization which sets
44 forth the specific terms and conditions for the establishment and admin-
45 istration of an employee benefit fund as a condition for the transmittal
46 of moneys pursuant to this section.
47 § 4. Compensation for certain members of the collective negotiating
48 unit designated as the security services collective negotiating unit
49 pursuant to an agreement between the state of New York and the employee
50 organization representing such individuals.
51 1. The provisions of this section shall apply to full-time annual sala-
52 ried officers and employees in the collective negotiating unit designated
53 as the security services collective negotiating unit established pursuant
54 to article 14 of the civil service law (hereinafter "security services
55 unit") who are not eligible for binding interest arbitration pursuant to
56 subdivision 4 of section 209 of the civil service law (hereinafter
A. 6965 42
1 "employees who are ineligible for interest arbitration"). Notwithstand-
2 ing the provisions of this section or any provision in this act, to be
3 eligible for the retroactive pay increases set forth in this section, a
4 member of the unit must have been on the payroll on the date of ratifica-
5 tion of the agreement, and a retired employee must have been on the
6 payroll on or after the effective date of the increase. Members who left
7 the payroll before ratification or the effective date of the increase for
8 a reason other than retirement are not eligible for retroactive pay for
9 the increase.
10 2. Effective April 1, 2016, the basic annual salary of members of the
11 security services unit who are ineligible for interest arbitration and
12 who are in full-time annual salaried employment status on March 31, 2016,
13 shall be increased by two percent.
14 3. Effective April 1, 2017, the basic annual salary of members of the
15 security services unit who are ineligible for interest arbitration and
16 who are in full-time annual salaried employment status on March 31, 2017,
17 shall be increased by two percent.
18 4. Effective April 1, 2018, the basic annual salary of members of the
19 security services unit who are ineligible for interest arbitration and
20 who are in full-time annual salaried employment status on March 31, 2018,
21 shall be increased by two percent.
22 5. Effective April 1, 2019, the basic annual salary of members of the
23 security services unit who are ineligible for interest arbitration and
24 who are in full-time annual salaried employment status on March 31, 2019,
25 shall be increased by two percent.
26 6. Effective April 1, 2020, the basic annual salary of members of the
27 security services unit who are ineligible for interest arbitration and
28 who are in full-time annual salaried employment status on March 31, 2020,
29 shall be increased by two percent.
30 7. Effective April 1, 2021, the basic annual salary of members of the
31 security services unit who are ineligible for interest arbitration and
32 who are in full-time annual salaried employment status on March 31, 2021,
33 shall be increased in accordance with the salary schedule in effect
34 pursuant to subparagraph 6 of paragraph f of subdivision 1 of section 130
35 of the civil service law.
36 8. Effective October 1, 2021, the basic annual salary of members of the
37 security services unit who are ineligible for interest arbitration and
38 who are in full-time annual salaried employment status on September 30,
39 2021 and at the twenty-five year longevity step, shall be increased by
40 five hundred dollars.
41 9. Effective April 1, 2022, the basic annual salary of members of the
42 security services unit who are ineligible for interest arbitration and
43 who are in full-time annual salaried employment status on March 31, 2021,
44 shall be increased by two percent.
45 10. Advancement within a salary grade. Payments pursuant to the
46 provisions of subdivision 6 of section 131 of the civil service law for
47 annual-salaried members of the security services unit who are entitled to
48 such payments and who are ineligible for interest arbitration shall be
49 payable pursuant to the terms of an agreement between the state of New
50 York and an employee organization representing employees subject to the
51 provisions of this section entered into pursuant to article 14 of the
52 civil service law.
53 11. Effective April 1, 2009, pursuant to the terms of the agreement
54 covering members of the security services unit who are ineligible for
55 interest arbitration, for such unit members who are on the institutional
56 or administrative payroll, the ten-year, the fifteen-year, the twenty-
A. 6965 43
1 year and the twenty-five-year longevity step payment for such unit
2 members to whom the provisions of this section apply shall be that amount
3 prescribed by paragraph f of subdivision 1 of section 130 of the civil
4 service law as added by section one of this act.
5 12. Notwithstanding any of the foregoing provisions of this section, if
6 the basic annual salary of such annual salaried unit members to whom the
7 provisions of this section apply is identical with the hiring rate,
8 performance advance step one, two, three, four, or five, the job rate,
9 the ten-year longevity step, the fifteen-year longevity step, the twen-
10 ty-year longevity step, or the twenty-five-year longevity step of the
11 salary grade of his or her position on the effective dates of the
12 increases provided by this section, respectively, for such unit members
13 to whom the provisions of this section apply on the institutional or
14 administrative payroll, such basic annual salary shall be increased to
15 the hiring rate, performance advance step one, two, three, four or five,
16 the job rate, the ten-year longevity step, the fifteen-year longevity
17 step, the twenty-year longevity step or the twenty-five-year longevity
18 step of such salary grade as contained in paragraph f of subdivision 1 of
19 section 130 of the civil service law, as added by section one of this
20 act, to take effect on the dates provided in paragraph f of subdivision 1
21 of section 130 of the civil service law, as added by section one of this
22 act. The increases in basic annual salary provided by this subdivision
23 shall be in lieu of any increase in basic annual salary provided for in
24 subdivisions two, three, four, five, six, seven, eight and nine of this
25 section.
26 13. If an unencumbered position is one, which if encumbered, would be
27 subject to the provisions of this section, the salary of such position
28 shall be increased by the salary increase amounts specified in this
29 section. If a position is created, and is filled by the appointment of
30 such unit members to whom the provisions of this section apply, the sala-
31 ry otherwise provided for such position shall be increased in the same
32 manner as though such position had been in existence but unencumbered.
33 Notwithstanding the provisions of this section, the director of the divi-
34 sion of the budget may reduce the salary of any such position, which is
35 or becomes vacant.
36 14. The increases in salary payable pursuant to this section shall
37 apply on a prorated basis to officers and employees, otherwise eligible
38 to receive an increase in salary pursuant to this section, who are paid
39 on an hourly or per diem basis, who are employees serving on a part-time
40 or seasonal basis, or who are employees paid on any basis other than at
41 an annual salaried rate; except that the provisions of subdivisions ten,
42 eleven and twelve of this section shall not apply to employees serving on
43 an hourly, per diem, or seasonal basis, except as determined by the
44 director of the budget.
45 15. Notwithstanding any other provision of this section, the provisions
46 of this section shall not apply to officers or employees paid on a fee
47 schedule basis.
48 16. In order to provide for the officers and employees to whom this
49 section applies who are not allocated to salary grades, performance
50 advancements and payments in proportion to those provided to persons to
51 whom this section applies who are allocated to salary grades, the direc-
52 tor of the budget is authorized to add appropriate adjustments to the
53 compensation which such officers and employees are otherwise entitled to
54 receive. The director of the budget shall issue certificates which shall
55 contain schedules of positions and the salaries thereof for which adjust-
56 ments are made pursuant to the provisions of this subdivision, and a copy
A. 6965 44
1 of each such certificate shall be filed with the state comptroller, the
2 department of civil service, the chair of the senate finance committee
3 and the chair of the assembly ways and means committee.
4 17. Notwithstanding any of the foregoing provisions of this section,
5 any increase in compensation may be withheld in whole or in part from any
6 such unit members to whom the provisions of this section apply when, in
7 the opinion of the director of the division of the budget and the direc-
8 tor of employee relations, such increase is not warranted or is not
9 appropriate for any reason.
10 § 5. Compensation for members of the collective negotiating unit desig-
11 nated as security services pursuant to an agreement between the state of
12 New York and the employee organization representing such individuals
13 entered into pursuant to article 14 of the civil service law (hereinafter
14 "the agreement" or "an agreement").
15 1. The provisions of this section shall apply to annual salaried
16 members of the security services collective negotiating unit employed
17 within the state department of corrections and community supervision, who
18 are designated as peace officers pursuant to section 2.10 of the criminal
19 procedure law. Notwithstanding the provisions of this subdivision, a
20 retired employee is eligible for the respective retroactive pay increases
21 set forth in this subdivision only if he/she was on the payroll on or
22 after the effective date of the respective retroactive pay increases set
23 forth in this subdivision. Notwithstanding the provisions of this section
24 or any provision in this act, to be eligible for the retroactive pay
25 increases set forth in this section, a member of the unit must have been
26 on the payroll on the date of ratification of the agreement, and a
27 retired employee must have been on the payroll on or after the effective
28 date of the increase. Members who left the payroll before ratification or
29 the effective date of the increase for a reason other than retirement are
30 not eligible for retroactive pay for the increase.
31 2. Effective April 1, 2016, the basic annual salary of those members
32 who are in annual salaried employment status on March 31, 2016, shall be
33 increased by two percent.
34 3. Effective April 1, 2017, the basic annual salary of those members
35 who are in annual salaried employment status on March 31, 2017, shall be
36 increased by two percent.
37 4. Effective April 1, 2018, the basic annual salary of those members
38 who are in annual salaried employment status on March 31, 2018, shall be
39 increased by two percent.
40 5. Effective April 1, 2019, the basic annual salary of those members
41 who are in annual salaried employment status on March 31, 2019, shall be
42 increased by two percent.
43 6. Effective April 1, 2020, the basic annual salary of those members
44 who are in annual salaried employment status on March 31, 2020, shall be
45 increased by two percent.
46 7. Effective April 1, 2021, the basic annual salary of those members
47 who are in annual salaried employment status on March 31, 2021, shall be
48 increased by two percent.
49 8. Effective October 1, 2021, the basic annual salary of those members
50 who are in annual salaried employment status on March 31, 2021 and at the
51 twenty-five-year longevity step, shall be increased by five hundred
52 dollars.
53 9. Effective April 1, 2022, the basic annual salary of those members
54 who are in annual salaried employment status on March 31, 2022, shall be
55 increased by two percent.
A. 6965 45
1 10. Advancement within a salary grade. Payments pursuant to the
2 provisions of subdivision 6 of section 131 of the civil service law for
3 all annual-salaried officers and employees in the security services unit
4 who are entitled to such payments shall be payable pursuant to the terms
5 of an agreement between the state of New York and an employee organiza-
6 tion representing employees subject to the provisions of this section
7 entered into pursuant to article 14 of the civil service law.
8 11. Effective April 1, 2009, pursuant to the terms of an agreement
9 covering those members of the security services collective negotiating
10 unit who are employed with the state department of corrections and commu-
11 nity supervision and who are designated as peace officers pursuant to
12 section 2.10 of the criminal procedure law, for such unit members who are
13 on the institutional or administrative payroll, the ten year, fifteen
14 year, twenty year and twenty-five-year longevity step payment for such
15 unit members to whom the provisions of this section apply shall be that
16 amount prescribed by paragraph g of subdivision 1 of section 130 of the
17 civil service law as added by section two of this act.
18 12. Notwithstanding any of the foregoing provisions of this section, if
19 the basic annual salary of such annual salaried unit members to whom the
20 provisions of this section apply is identical with the hiring rate,
21 performance advance step one, two, three, four, or five, the job rate,
22 the ten-year longevity step, the fifteen-year longevity step, the twen-
23 ty-year longevity step, or the twenty-five-year longevity step of the
24 salary grade of his or her position on the effective dates of the
25 increases provided by this section, respectively, for such unit members
26 to whom the provisions of this section apply on the institutional or
27 administrative payroll, such basic annual salary shall be increased to
28 the hiring rate, performance advance step one, two, three, four or five,
29 the job rate, the ten-year longevity step, the fifteen-year longevity
30 step, the twenty-year longevity step or the twenty-five-year longevity
31 step of such salary grade as contained in paragraph g of subdivision 1 of
32 section 130 of the civil service law, as added by section two of this
33 act, to take effect on the dates provided in paragraph g of subdivision 1
34 of section 130 of the civil service law, as added by section two of this
35 act. The increases in basic annual salary provided by this subdivision
36 shall be in lieu of any increase in basic annual salary provided for in
37 subdivisions two, three, four, five, six, seven, eight and nine of this
38 section.
39 13. If an unencumbered position is one which if encumbered, would be
40 subject to the provisions of this section, the salary of such position
41 shall be increased by the salary increase amounts specified in this
42 section. If a position is created and is filled by the appointment of
43 such unit member to whom the provisions of this section apply, the salary
44 otherwise provided for such position shall be increased in the same
45 manner as though such position had been in existence but unencumbered.
46 Notwithstanding the provisions of this section, the director of the budg-
47 et may reduce the salary of any such position, which is or becomes
48 vacant.
49 14. The increases in salary payable pursuant to this section shall
50 apply on a prorated basis to officers and employees, otherwise eligible
51 to receive an increase in salary pursuant to this section, who are paid
52 on an hourly or per diem basis, employees serving on a part-time or
53 seasonal basis and employees paid on any basis other than at an annual
54 salaried rate; except that the provisions of subdivisions ten, eleven and
55 twelve of this section shall not apply to employees serving on an hourly,
A. 6965 46
1 per diem, or seasonal basis, except as determined by the director of the
2 budget.
3 15. Notwithstanding any other provision of this section, the provisions
4 of this section shall not apply to officers or employees paid on a fee
5 schedule basis.
6 16. In order to provide for the annual salaried officers and employees
7 to whom this section applies who are not allocated to salary grades,
8 performance advancements and payments in proportion to those provided to
9 persons to whom this section applies who are allocated to salary grades,
10 the director of the budget is authorized to add appropriate adjustments
11 to the compensation which such officers and employees are otherwise enti-
12 tled to receive. The director of the budget shall issue certificates
13 which shall contain schedules of positions and the salaries thereof for
14 which adjustments are made pursuant to the provisions of this subdivi-
15 sion, and a copy of each such certificate shall be filed with the state
16 comptroller, the department of civil service, the chair of the senate
17 finance committee and the chair of the assembly ways and means committee.
18 17. Notwithstanding any of the foregoing provisions of this section,
19 any increase in compensation may be withheld in whole or in part from any
20 such unit members to whom the provisions of this section apply when, in
21 the opinion of the director of the budget and the director of employee
22 relations, such increase is not warranted or is not appropriate for any
23 reason.
24 § 6. Additional compensation for certain members of the security
25 services unit who are in full-time annual salaried employment status and
26 who are ineligible for interest arbitration, in recognition of pre-shift
27 briefing.
28 1. In recognition of the general requirement for full-time employees of
29 the state in the security services unit to assemble for briefing prior to
30 the commencement of duties, where and to the extent an agreement so
31 provides, each such employee except such an employee receiving additional
32 compensation pursuant to subdivision 5 of section 134 of the civil
33 service law, shall receive additional compensation in recognition of
34 pre-shift briefing.
35 2. Each such employee holding such a position in the security services
36 unit shall be compensated for pre-shift briefing in accordance with the
37 terms of the agreement covering certain members of the security services
38 unit. Pursuant to that agreement, effective April 1, 2016, each such unit
39 member to whom the provisions of this subdivision apply shall continue to
40 receive a minimum of six dollars for each day while in payroll status
41 when such pre-shift briefing time is not otherwise compensated at a
42 greater amount at the one and one-half times the hourly rate of pay
43 provided for by subdivision 1 of section 134 of the civil service law and
44 the rules and regulations of the director of the budget. No payments
45 authorized pursuant to this subdivision and such negotiated agreement
46 shall be made to an employee who is in non-pay status for that day.
47 3. Any such additional compensation pursuant to this subdivision shall
48 be paid in addition to and shall not be a part of the employee's basic
49 annual salary and shall not be included as compensation for the purposes
50 of computation of overtime pay, provided, however, that such additional
51 compensation shall be included for retirement purposes. Notwithstanding
52 the foregoing provisions of this subdivision or of any other law, such
53 additional compensation shall be in lieu of the continuation of any other
54 additional compensation for such employees in recognition of pre-shift
55 briefing.
A. 6965 47
1 § 7. Additional compensation for annual salaried members of the securi-
2 ty services collective negotiating unit who are employed within the state
3 department of corrections and community supervision and who are desig-
4 nated as peace officers, pursuant to section 2.10 of the criminal proce-
5 dure law, in recognition of pre-shift briefing.
6 1. In recognition of the general requirement for these unit members to
7 assemble for briefing prior to the commencement of duties, where and to
8 the extent an agreement so provides on behalf of such unit members to
9 whom the provisions of this subdivision apply on behalf of each such
10 employee except such employee receiving additional compensation pursuant
11 to subdivision 5 of section 134 of the civil service law, such members
12 shall continue to receive additional compensation in recognition of pre-
13 shift briefing.
14 2. Each such unit member to whom the provisions of this subdivision
15 apply, shall continue to receive a minimum of eight dollars for each day
16 while in payroll status when such pre-shift briefing time is not other-
17 wise compensated at a greater amount at the one and one-half times the
18 hourly rate of pay provided for by subdivision 1 of section 134 of the
19 civil service law and the rules and regulations of the director of the
20 budget. Each such unit member to whom the provisions of this subdivision
21 apply, subject to the provisions of this subdivision, shall continue to
22 receive a minimum of forty dollars per week in addition to base pay. No
23 payments authorized pursuant to this subdivision shall be made to an
24 employee who is in non-pay status for that day.
25 3. Any such additional compensation pursuant to this subdivision, shall
26 be paid in addition to and shall not be a part of such employee's basic
27 annual salary and shall not be included as compensation for the purposes
28 of computation of overtime pay, provided, however, that such additional
29 compensation shall be included for retirement purposes. Notwithstanding
30 the foregoing provisions of this subdivision or of any other law, such
31 additional compensation as added by this subdivision shall be in lieu of
32 the continuation of any other additional compensation for such unit
33 members in recognition of pre-shift briefing.
34 § 8. Location compensation for certain state officers and employees in
35 the collective negotiating unit designated as security services. 1.
36 Pursuant to the terms of an agreement covering certain members of the
37 security services unit who are ineligible for interest arbitration, and
38 notwithstanding any inconsistent provision of law, rule or regulation to
39 the contrary, all members of the security services unit who are ineligi-
40 ble for interest arbitration, and are full-time annual salaried employees
41 and whose principal place of employment or, in the case of a field
42 employee, whose official station as determined in accordance with the
43 regulations of the state comptroller, is in the city of New York or in
44 the county of Orange, Putnam, Dutchess, Nassau, Suffolk, Westchester or
45 Rockland, shall receive locational compensation according to the follow-
46 ing schedule:
47 Orange/Putnam/Dutchess NYC/Rock/Nassau/Suffolk/West
48 April 1, 2016 $919 $1722
49 April 1, 2017 $919 $1722
50 April 1, 2018 $919 $1722
51 April 1, 2019 $919 $1722
52 April 1, 2020 $937 $1756
53 April 1, 2021 $956 $1791
54 April 1, 2022 $975 $1827
55 2. Pursuant to the terms of an agreement covering certain members of
56 the security services unit who are ineligible for interest arbitration,
A. 6965 48
1 and notwithstanding any inconsistent provision of law, rule or regulation
2 to the contrary, effective April 1, 2016, all such members of the securi-
3 ty services unit who are full-time annual salaried employees and whose
4 principal place of employment or, in the case of a field employee, whose
5 official station as determined in accordance with the regulations of the
6 comptroller is located in the county of Monroe and who were eligible to
7 receive locational pay on May 23, 1985 shall receive locational pay at
8 the rate of two hundred dollars per year provided they continue to be
9 otherwise eligible.
10 3. The locational compensation as set out in all subdivisions of this
11 section shall be equally divided over the 26 payroll periods in each
12 fiscal year and be in addition to and shall not be a part of an employ-
13 ee's basic annual salary, and shall not affect or impair any performance
14 advance or other rights or benefits to which an employee may be entitled
15 by law, provided, however, that locational pay shall be included as
16 compensation for the purposes of computation of overtime pay and for
17 retirement purposes.
18 § 9. Locational compensation for certain members of the security
19 services collective negotiating units. 1. Pursuant to the terms of an
20 agreement covering certain members of the security services unit who are
21 eligible for interest arbitration, and notwithstanding any inconsistent
22 provision of law, rule or regulation to the contrary, all members of this
23 unit who are employed by the state department of corrections and communi-
24 ty supervision as peace officers pursuant to section 2.10 of the criminal
25 procedure law, and are annual salaried employees and whose principal
26 place of employment, or, in the case of a field employee, whose official
27 station as determined in accordance with the regulations of the state
28 comptroller, is located in the city of New York, or in the county of
29 Orange, Putnam, Dutchess, Rockland, Westchester, Nassau, or Suffolk,
30 shall receive locational compensation according to the following sched-
31 ule:
32 Orange/Putnam/Dutchess NYC/Rock/Nassau/Suffolk/West
33 April 1, 2016 $1,280 $3,438
34 April 1, 2017 $1,280 $3,438
35 April 1, 2018 $1,280 $3,438
36 April 1, 2019 $1,280 $3,438
37 April 1, 2020 $1,306 $3,507
38 April 1, 2021 $1,332 $3,577
39 April 1, 2022 $1,359 $3,649
40 2. The locational compensation as set out in all subdivisions of this
41 section shall be in addition to and shall not be a part of an employee's
42 basic annual salary, and shall not affect or impair any performance
43 advance or other rights or benefits to which an employee may be entitled
44 by law, provided, however, that locational compensation shall be included
45 as compensation for the purposes of computation of overtime pay and for
46 retirement purposes. This payment will be equally divided over the 26
47 payroll periods in each fiscal year.
48 § 10. Continuation of locational compensation for certain officers and
49 employees of the Hudson Valley developmental disabilities services
50 office. 1. Notwithstanding any law, rule or regulation to the contrary,
51 any officer or employee of the Hudson Valley developmental disabilities
52 services office represented in the security services unit who is ineligi-
53 ble for interest arbitration and who is receiving locational pay pursuant
54 to section 5 of chapter 174 of the laws of 1993 shall continue to receive
55 such locational pay under the conditions and at the rates specified by
56 such section 5 of chapter 174 of the laws of 1993.
A. 6965 49
1 2. Notwithstanding any law, rule or regulation to the contrary, any
2 officer or employee of the Hudson Valley developmental disabilities
3 services office represented in the security services unit who is ineligi-
4 ble for interest arbitration and who is receiving locational pay pursuant
5 to subdivision 2 of section 11 of chapter 3 of the laws of 1996 shall
6 continue to receive such locational pay under the conditions and at the
7 rates specified by such subdivision 2 of section 11 of chapter 3 of the
8 laws of 1996.
9 3. Notwithstanding this section or any other law, rule or regulation to
10 the contrary, any officer or employee of the Hudson Valley developmental
11 disabilities services office represented in the security services unit
12 who is ineligible for interest arbitration and who is receiving location-
13 al pay pursuant to said section ten of this act shall continue to be
14 eligible for such locational pay if such officer's or employee's princi-
15 pal place of employment is changed to a location outside of the county of
16 Rockland as the result of a reduction or redeployment of staff, provided,
17 however, that such officer or employee is reassigned to or otherwise
18 appointed or promoted to a different position at another work location
19 within such Hudson Valley developmental disabilities services office
20 located outside of the county of Rockland. The rate of such continued
21 locational pay shall not exceed the rate such officer or employee is
22 receiving on the date of such reassignment, appointment or promotion.
23 § 11. Inconvenience pay. 1. Pursuant to chapter 333 of the laws of
24 1969, as amended, and an agreement covering certain members of the secu-
25 rity services unit who are ineligible for interest arbitration, are full-
26 time annual salaried employees and, notwithstanding any inconsistent
27 provision of law, rule or regulation to the contrary, where and to the
28 extent that an agreement so provides, effective April 1, 2009, the incon-
29 venience pay provided to eligible employees shall be increased by 3
30 percent to $602 per year for working four or more hours between the hours
31 of 6:00 p.m. and 6:00 a.m., except on an overtime basis. Effective April
32 1, 2016, the inconvenience pay provided to eligible employees shall
33 continue to be $626 per year for working 4 or more hours between the
34 hours of 6:00 p.m. and 6:00 a.m., except on an overtime basis.
35 2. Pursuant to the terms of an agreement covering certain members of
36 the security services unit who are eligible for interest arbitration and
37 who are employed by the state department of corrections and community
38 supervision and are designated as peace officers pursuant to section 2.10
39 of the criminal procedure law, effective April 1, 2016, the inconvenience
40 pay paid to annual salaried unit members to whom the provisions of this
41 section apply who work the evening shift as defined by the individual
42 facilities within the department of corrections and community super-
43 vision, shall continue to be $2,006. Effective April 1, 2016, the incon-
44 venience pay paid to annual salaried unit members to whom the provisions
45 of this section apply who work the night shift as defined by the individ-
46 ual facilities within the department of corrections and community super-
47 vision shall continue to be $1,003. Such unit members to whom the
48 provisions of this section apply who are on paid leave for line of duty
49 injuries shall continue to receive inconvenience payments as provided
50 above. Any such additional compensation pursuant to this section shall be
51 included as compensation for retirement purposes.
52 § 12. Facility security pay. Pursuant to the terms of an agreement
53 covering certain members of the security services unit who are ineligible
54 for interest arbitration, are full-time annual salaried employees and,
55 notwithstanding any inconsistent provision of law, rule or regulation to
56 the contrary, where and to the extent that an agreement so provides,
A. 6965 50
1 effective April 1, 2016, such eligible members of the security services
2 unit shall continue to receive $750 annually. This payment will be equal-
3 ly divided over the 26 payroll periods in each fiscal year and shall
4 count as compensation for overtime and retirement purposes.
5 § 13. Expanded duty pay. Pursuant to the terms of an agreement covering
6 members of the security services unit who are employed within the state
7 department of corrections and community supervision and who are desig-
8 nated as peace officers pursuant to section 2.10 of the criminal proce-
9 dure law and notwithstanding any other provision of law, effective April
10 1, 2016, such annual salaried unit members to whom the provisions of this
11 section apply shall continue to be paid an expanded duty pay in the
12 amount of $2,600 per year. Payment for such compensation shall be equally
13 divided over the 26 payroll periods of a fiscal year. Such compensation
14 pursuant to this section shall be included as compensation for overtime
15 and retirement purposes.
16 § 14. Hazardous duty pay. 1. Pursuant to the terms of an agreement
17 covering certain members of the security services unit who are ineligible
18 for interest arbitration, are full-time annual salaried employees, have
19 completed one year of service in the bargaining unit and, notwithstanding
20 any inconsistent provision of law, rule or regulation to the contrary,
21 where and to the extent that an agreement so provides, effective April 1,
22 2019, such eligible members of the security services unit shall receive
23 $150 annually. Effective April 1, 2020, this payment shall increase to
24 $200 annually. This payment will be equally divided over the 26 payroll
25 periods in each fiscal year and shall be included as compensation for
26 overtime and retirement purposes.
27 2. Pursuant to the terms of an agreement covering members of the secu-
28 rity services unit who are employed within the state department of
29 corrections and community supervision and who are designated as peace
30 officers pursuant to section 2.10 of the criminal procedure law, have
31 completed 1 year of service in the bargaining unit and notwithstanding
32 any other provision of law, effective April 1, 2019, such annual salaried
33 unit members to whom the provisions of this section apply shall receive
34 $750 annually. Such payment shall be increased to $950 effective April 1,
35 2020. Such payment shall be increased to $1,150 effective April 1, 2021.
36 Such payment shall be increased to $1,500 effective October 1, 2021.
37 Payment for such compensation shall be equally divided over the 26
38 payroll periods of a fiscal year and shall be included as compensation
39 for overtime and retirement purposes.
40 § 15. During the period April 1, 2016 through March 31, 2023, there
41 shall be a statewide joint labor-management committee continued and
42 administered pursuant to the terms of the agreement negotiated between
43 the state and the employee organization representing employees in the
44 collective negotiating unit designated as the security services unit
45 established pursuant to article 14 of the civil service law which shall,
46 after April 1, 2016 with the amounts available therefor, study and make
47 recommendations concerning major issues of health benefits, employee
48 assistance, performance evaluation, education and training, quality of
49 work life and provide for the implementation of the terms of agreements
50 of such committee. There shall also be a joint labor-management committee
51 administered pursuant to the terms of the agreement to study the issue of
52 excessive use of force and make joint recommendations on that subject and
53 provide for employee training to be conducted by the state within amounts
54 appropriated therefor.
55 § 16. Notwithstanding any provision of law, rule or regulation to the
56 contrary, and where and to the extent an agreement negotiated between the
A. 6965 51
1 state and the employee organization representing employees in the securi-
2 ty services unit established pursuant to article 14 of the civil service
3 law so provides, the salaries of newly hired employees on or after
4 September 1, 1992 into state service in positions within negotiating
5 units shall not be subject to the provisions of subdivision 2-a of
6 section 200 of the state finance law.
7 § 17. Notwithstanding any law, rule or regulation to the contrary, any
8 employees of the state in the security services unit who are ineligible
9 for interest arbitration and who are eligible for additional compensation
10 pursuant to subdivision 5 of section 134 of the civil service law shall
11 be deemed ineligible for such additional compensation to the extent, in
12 the manner and under the circumstances provided for in a negotiated
13 agreement on behalf of such employees.
14 § 18. Notwithstanding any provision of law to the contrary, the appro-
15 priations contained in this act shall be available to the state for the
16 payment and publication of grievance and arbitration settlements and
17 awards pursuant to articles 7 and 8 of the collective negotiating agree-
18 ment between the state and the employee organization representing the
19 collective negotiating unit designated as the security services unit
20 established pursuant to article 14 of the civil service law.
21 § 19. The salary increases, benefit modifications, and any other
22 modifications to terms and conditions of employment provided for by this
23 act for state employees in the collective negotiating unit designated as
24 the security services unit established pursuant to article 14 of the
25 civil service law shall not be implemented until the director of employee
26 relations shall have delivered to the director of the budget and the
27 comptroller a letter certifying that there are in effect, with respect to
28 such negotiating unit, collective negotiating agreements which provide
29 for such increases and modifications, and which are fully executed in
30 writing with the state pursuant to article 14 of the civil service law,
31 and ratified pursuant to the ratification procedure of the employee
32 organization certified pursuant to article 14 of the civil service law to
33 represent such collective negotiating unit.
34 § 20. Date of entitlement to salary increase. Notwithstanding the
35 provisions of this act or of any other provision of law to the contrary,
36 the increases in salary or compensation of any members of the security
37 services unit established pursuant to article 14 of the civil service law
38 provided by this act shall be added to the salary of such member at the
39 beginning of that payroll period the first day of which is nearest to the
40 effective date of such increase as provided in this act, or at the begin-
41 ning of the earlier of 2 payroll periods the first days of which are
42 nearest but equally near to the effective date of such increase as
43 provided in this act; provided, however, that for the purposes of deter-
44 mining the salary of such unit members upon reclassification, reallo-
45 cation, appointment, promotion, transfer, demotion, reinstatement, or
46 other change of status, such salary increase shall be deemed to be effec-
47 tive on the date thereof as prescribed by this act, with payment thereof
48 pursuant to this section on a date prior thereto, instead of on such
49 effective date, and shall not operate to confer any additional salary
50 rights or benefits on such unit members. Notwithstanding the provisions
51 of this section or any provision in this act, to be eligible for the
52 retroactive pay increases set forth in this section, a member of the unit
53 must have been on the payroll on the date of ratification of the agree-
54 ment, and a retired employee must have been on the payroll on or after
55 the effective date of the increase. Members who left the payroll before
56 ratification or the effective date of the increase for a reason other
A. 6965 52
1 than retirement are not eligible for retroactive pay for the increase.
2 Payment of such salary increase may be deferred pursuant to section twen-
3 ty-one of this act.
4 § 21. Deferred payment of salary increase. Notwithstanding the
5 provisions of any other section of this act, or of any other law to the
6 contrary, pending payment pursuant to this act of the basic annual sala-
7 ries and other compensation to incumbents of positions subject to this
8 act, such incumbents shall receive, as partial compensation for services
9 rendered, the rate of compensation otherwise payable in their respective
10 positions. An incumbent holding a position subject to this act at any
11 time during the period from April 1, 2016, until the time when basic
12 annual salaries and other compensation are first paid pursuant to this
13 act for such services in excess of the compensation actually received
14 therefor, shall be entitled to a lump sum payment for the difference
15 between the salary to which such incumbent is entitled for such services
16 and the compensation actually received therefor in accordance with the
17 terms of the agreement between the employee organization representing
18 such members and the state. The amounts paid under this act shall count
19 as compensation earned during the year or years for which it is calcu-
20 lated and not as compensation earned wholly in the year in which it is
21 paid. Notwithstanding any provision of law, rule or regulation to the
22 contrary, no member of the security services unit to whom the provisions
23 of this act apply shall be entitled to, or owed, any interest or other
24 penalty for any reason on any monies due to such member pursuant to the
25 terms of this act and the terms of the agreement covering employees in
26 the security services unit.
27 § 22. Use of appropriations. Notwithstanding any provision of the state
28 finance law or any other provision of law to the contrary, the state
29 comptroller is authorized to pay any amounts required during the fiscal
30 year commencing April 1, 2018 or April 1, 2019, by the provisions of this
31 act for any state department or agency from any appropriation or other
32 funds available to such state department or agency for personal service
33 or for other related employee benefits during such fiscal year. To the
34 extent that such appropriations are insufficient in any fund to accom-
35 plish the purposes herein set forth, the director of the budget is
36 authorized to allocate to the various departments and agencies, from any
37 appropriations available in any fund, the amounts necessary to pay such
38 amounts. The aforementioned appropriations shall be available for payment
39 of any liabilities or obligations incurred prior to April 1, 2018 or
40 April 1, 2019, in addition to current liabilities.
41 § 23. Notwithstanding any provision of the state finance law or any
42 other provision of law to the contrary, the sum of $423,011,000 is hereby
43 appropriated in the general fund/state purposes account (10050) in
44 miscellaneous-all state departments and agencies solely for
45 apportionment/transfer by the director of the budget for use by any state
46 department or agency in any fund for the period April 1, 2016 through
47 March 31, 2020 to supplement appropriations for personal service, other
48 than personal service and fringe benefits, and to carry out the
49 provisions of this act. No money shall be available for expenditure from
50 this appropriation until a certificate of approval has been issued by the
51 director of the budget and a copy of such certificate or any amendment
52 thereto has been filed with the state comptroller, the chair of the
53 senate finance committee and the chair of the assembly ways and means
54 committee. The monies hereby appropriated are available for payment of
55 any liabilities or obligations incurred prior to or during the period
56 April 1, 2016 through March 31, 2020. For this purpose, the monies appro-
A. 6965 53
1 priated shall remain in full force and effect for the payment of liabil-
2 ities incurred on or before March 31, 2020.
3 § 24. The several amounts as hereinafter set forth, or so much thereof
4 as may be necessary, are hereby appropriated from the fund so designated
5 for use by any state department or agency for the period April 1, 2016
6 through March 31, 2020 to supplement appropriations from each respective
7 fund available for other than personal service and fringe benefits, and
8 to carry out the provisions of this act. The monies hereby appropriated
9 are available for the payment of any liabilities or obligations incurred
10 prior to or during the period commencing April 1, 2016 through March 31,
11 2020. No money shall be available for expenditure from the monies appro-
12 priated until a certificate of approval has been issued by the director
13 of the budget and a copy of such certificate or any amendment thereto has
14 been filed with the state comptroller, the chair of the senate finance
15 committee and the chair of the assembly ways and means committee.
16 ALL STATE DEPARTMENTS AND AGENCIES
17 SPECIAL PAY BILLS
18 General Fund/State Operations
19 State Purposes Account - 003
20 NON PERSONAL SERVICE
21 Labor Management Committees ................... $1,221,000
22 Employee assistance program ..................... $875,000
23 Joint committee on health benefits .............. $722,000
24 Contract administration ......................... $200,000
25 Employee Benefit Fund ......................... $3,662,000
26 Employee Training and Development ............... $694,000
27 Organizational alcoholism program ............... $683,000
28 Labor Management Training ....................... $438,000
29 Prevention Training ........................... $5,000,000
30 Family Benefits ............................... $1,883,000
31 Legal Defense Fund .............................. $150,000
32 § 25. This act shall take effect immediately and shall be deemed to
33 have been in full force and effect on and after April 1, 2016. Appropri-
34 ations made by this act shall remain in full force and effect for
35 liabilities incurred through March 31, 2020.
-----------------------------------
REPEAL NOTE.-- Paragraph f of subdivision 1 of section 130 of the
civil service law, repealed by section one of this act, provided salary
schedules for state employees in the particular titles in the security
services unit employees who are ineligible for interest arbitration and
is replaced and revised by salary schedules in a new paragraph f of
subdivision 1 of section 130 of the civil service law, as added by
section one of this act implementing an agreement between the state and
the employee organization representing such unit for employees in the
security services unit who are ineligible for interest arbitration. The
salary schedules for the remaining employees in the security services
unit are contained in paragraph g of subdivision 1 of section 130 of the
civil service law.
A. 6965 54
Paragraph g of subdivision 1 of section 130 of the civil service law,
repealed by section two of this act, provided salary schedules for
certain state employees who are members of the collective negotiating
unit designated as security services who are employed by the state
department of corrections and community supervision and are designated
as peace officers pursuant to section 2.10 of the criminal procedure
law. They are replaced by revised salary schedules in a new paragraph g
of subdivision 1 of section 130 of the civil service law, as added by
section two of this act.
1 PART D
2 SALARIES AND BENEFITS FOR CERTAIN STATE
3 OFFICERS AND EMPLOYEES EXCLUDED FROM
4 COLLECTIVE NEGOTIATING UNITS FOR 2019-2020
5 Section 1. Paragraph d of subdivision 1 of section 130 of the civil
6 service law is amended by adding two new subparagraphs 4 and 5 to read
7 as follows:
8 (4) Effective April first, two thousand nineteen:
9 GRADEHIRING RATEJOB RATE
10 M/C 3$27,216$34,792
11 M/C 4$28,417$36,371
12 M/C 5$30,122$38,136
13 M/C 6$31,399$40,092
14 M/C 7$33,210$42,263
15 M/C 8$35,033$44,439
16 M/C 9$37,034$46,805
17 M/C 10$39,030$49,403
18 M/C 11$41,398$52,144
19 M/C 12$43,583$54,879
20 M/C 13$46,117$57,929
21 M/C 14$48,857$61,114
22 M/C 15$51,576$64,414
23 M/C 16$54,483$67,850
24 M/C 17$57,575$71,593
25 M/C 18$57,880$71,823
26 M/C 19$60,985$75,559
27 M/C 20$64,093$79,347
28 M/C 21$67,550$83,446
29 M/C 22$71,181$87,829
30 M/C 23$74,829$93,491
31 M 1$80,768$102,093
32 M 2$89,574$113,225
33 M 3$99,415$125,629
34 M 4$109,956$138,763
35 M 5$122,092$154,253
36 M 6$135,179$170,030
37 M 7$149,004$184,540
38 M 8$125,632+
39 (5) Effective April first, two thousand twenty:
40 GRADEHIRING RATEJOB RATE
41 M/C 3$27,760$35,488
A. 6965 55
1 M/C 4$28,985$37,098
2 M/C 5$30,724$38,899
3 M/C 6$32,027$40,894
4 M/C 7$33,874$43,108
5 M/C 8$35,734$45,328
6 M/C 9$37,775$47,741
7 M/C 10$39,811$50,391
8 M/C 11$42,226$53,187
9 M/C 12$44,455$55,977
10 M/C 13$47,039$59,088
11 M/C 14$49,834$62,336
12 M/C 15$52,608$65,702
13 M/C 16$55,573$69,207
14 M/C 17$58,727$73,025
15 M/C 18$59,038$73,259
16 M/C 19$62,205$77,070
17 M/C 20$65,375$80,934
18 M/C 21$68,901$85,115
19 M/C 22$72,605$89,586
20 M/C 23$76,326$95,361
21 M 1$82,383$104,135
22 M 2$91,365$115,490
23 M 3$101,403$128,142
24 M 4$112,155$141,538
25 M 5$124,534$157,338
26 M 6$137,883$173,431
27 M 7$151,984$188,231
28 M 8$128,145+
29 § 2. Subdivision 1 of section 19 of the correction law, as added by
30 section 2 of part B of chapter 8 of the laws of 2017, is amended to read
31 as follows:
32 1. This section shall apply to each superintendent of a correctional
33 facility appointed on or after August ninth, nineteen hundred seventy-
34 five and any superintendent heretofore appointed who elects to be
35 covered by the provisions thereof by filing such election with the
36 commissioner.
37 a. The salary schedule for superintendents of a correctional facility
38 with an inmate population capacity of four hundred or more inmates shall
39 be as follows:
40 Effective April first, two thousand sixteen:
41 Hiring Rate Job Rate
42 $116,937 $159,580
43 Effective April first, two thousand seventeen:
44 Hiring Rate Job Rate
45 $121,661 $166,027
46 Effective April first, two thousand eighteen:
47 Hiring Rate Job Rate
48 $125,335 $171,041
49 Effective April first, two thousand nineteen:
50 Hiring RateJob Rate
51 $127,842$174,462
52 Effective April first, two thousand twenty:
53 Hiring RateJob Rate
54 $130,399$177,951
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1 b. The salary schedule for superintendents of correctional facilities
2 with an inmate population capacity of fewer than four hundred inmates
3 shall be as follows:
4 Effective April first, two thousand sixteen:
5 Hiring Rate Job Rate
6 $90,935 $114,914
7 Effective April first, two thousand seventeen:
8 Hiring Rate Job Rate
9 $94,609 $119,557
10 Effective April first, two thousand eighteen:
11 Hiring Rate Job Rate
12 $97,466 $123,168
13 Effective April first, two thousand nineteen:
14 Hiring RateJob Rate
15 $99,415$125,631
16 Effective April first, two thousand twenty:
17 Hiring RateJob Rate
18 $101,403$128,144
19 § 3. Paragraph (b) of subdivision 8 of section 130 of the civil
20 service law, as amended by section 3 of part B of chapter 10 of the laws
21 of 2008, is amended to read as follows:
22 (b) Officers and employees to whom the provisions of this subdivision
23 apply may receive lump sum merit awards in accordance with guidelines
24 issued by the director of the budget within the appropriations made
25 available therefor. Additionally, effective April first, nineteen
26 hundred eighty-eight, and each April first thereafter, such officers and
27 employees to whom the provisions of this subdivision apply whose basic
28 annual salary equals or exceeds the job rate of the salary grade of
29 their position who on their anniversary date have five or more years of
30 continuous service as defined by paragraph (c) of subdivision three of
31 this section at a basic annual salary rate equal to or in excess of the
32 job rate or maximum salary of their salary grade and whose basic annual
33 salary is less than eight hundred seventy-five dollars during fiscal
34 year two thousand seven-two thousand eight, one thousand dollars during
35 fiscal year two thousand eight-two thousand nine, and one thousand one
36 hundred twenty-five dollars during fiscal year two thousand nine-two
37 thousand ten in excess of the job rate of the salary grade of their
38 position shall on such anniversary date have their basic annual salary
39 as otherwise effective increased by a longevity payment in the amount of
40 eight hundred seventy-five dollars during fiscal year two thousand
41 seven-two thousand eight, one thousand dollars during fiscal year two
42 thousand eight-two thousand nine, and one thousand one hundred twenty-
43 five dollars during fiscal year two thousand nine-two thousand ten,
44 except that such officers and employees who on their anniversary date
45 have ten or more years of continuous service as defined by paragraph (c)
46 of subdivision three of this section at a basic annual salary rate equal
47 to or in excess of the job rate or maximum salary of the salary grade of
48 their position and whose basic annual salary is less than one thousand
49 seven hundred fifty dollars during fiscal year two thousand seven-two
50 thousand eight, two thousand dollars during fiscal year two thousand
51 eight-two thousand nine, and two thousand two hundred fifty dollars
52 during fiscal year two thousand nine-two thousand ten in excess of the
53 job rate of the salary grade of their position shall on such anniversary
54 date receive a longevity payment increasing their basic annual salary to
55 that of the job rate of the salary grade of their position increased by
56 one thousand seven hundred fifty dollars during fiscal year two thousand
A. 6965 57
1 seven-two thousand eight, two thousand dollars during fiscal year two
2 thousand eight-two thousand nine, and two thousand two hundred fifty
3 dollars during fiscal year two thousand nine-two thousand ten. Such
4 increases shall be effective at the beginning of the pay period follow-
5 ing the anniversary date upon which the required service is attained.
6 Effective April first, two thousand ten, however, such longevity
7 payments shall be made in the amount of one thousand two hundred fifty
8 dollars to officers and employees as defined herein who on their anni-
9 versary date have five or more years of continuous service and in the
10 amount of two thousand five hundred dollars to officers and employees as
11 defined herein who on their anniversary date have ten or more years of
12 continuous service. Effective April first, two thousand nineteen, howev-
13 er, such longevity payments shall be made in the amount of one thousand
14 five hundred dollars to officers and employees as defined herein who on
15 their anniversary date have five or more years of continuous service and
16 in the amount of three thousand dollars to officers and employees as
17 defined herein who on their anniversary date have ten or more years of
18 continuous service. Additionally, effective April first, two thousand
19 twenty, such officers and employees to whom the provisions of this
20 subdivision apply whose basic annual salary equals or exceeds the job
21 rate of the salary grade of their position who on their anniversary date
22 have fifteen or more years of continuous service as defined by paragraph
23 (c) of subdivision three of this section at a basic annual salary rate
24 equal to or in excess of the job rate or maximum salary of their salary
25 grade shall on such anniversary date receive a longevity payment in the
26 amount of four thousand five hundred dollars. Such payments shall be
27 made in addition to and shall not be considered part of basic annual
28 salary and shall be made by separate check as soon as practicable
29 following the anniversary date upon which the required service is
30 attained.
31 § 4. Compensation for certain state officers and employees. 1. The
32 provisions of this section shall apply to the following annual-salaried
33 state officers and employees: (a) officers and employees whose positions
34 are designated managerial or confidential pursuant to article 14 of the
35 civil service law; (b) civilian state employees of the division of mili-
36 tary and naval affairs in the executive department whose positions are
37 not in, or are excluded from representation rights in, any recognized or
38 certified negotiating unit; (c) officers and employees excluded from
39 representation rights under article 14 of the civil service law pursuant
40 to rules or regulations of the public employment relations board; and
41 (d) officers and employees whose salaries are prescribed by section 19
42 of the correction law.
43 2. For such officers and employees the following increases shall
44 apply: effective April 1, 2019, the basic annual salary of officers and
45 employees to whom the provisions of this subdivision apply shall be
46 increased by two percent adjusted to the nearest whole dollar amount,
47 and effective April 1, 2020 the basic annual salary of officers and
48 employees to whom the provisions of this subdivision apply shall be
49 increased by two percent adjusted to the nearest whole dollar amount.
50 3. If an unencumbered position is one that, if encumbered, would be
51 subject to the provisions of this section, the salary of such position
52 shall be increased by the salary increase amount specified in this
53 section. If a position is created and is filled by the appointment of an
54 officer or employee who is subject to the provisions of this section,
55 the salary otherwise provided for such position shall be increased in
A. 6965 58
1 the same manner as though such position had been in existence but unen-
2 cumbered.
3 4. The increase in salary payable pursuant to this section shall apply
4 on a prorated basis in accordance with guidelines issued by the director
5 of the budget to officers and employees otherwise eligible to receive an
6 increase in salary pursuant to this act who are paid on an hourly or per
7 diem basis, employees serving on a part-time or seasonal basis, and
8 employees paid on any basis other than at an annual salary rate.
9 5. Notwithstanding any of the foregoing provisions of this section,
10 the provisions of this section shall not apply to the following except
11 as otherwise provided by law: (a) officers or employees paid on a fee
12 schedule basis; (b) officers or employees whose salaries are prescribed
13 by section 40, 60, or 169 of the executive law; (c) officers or employ-
14 ees in collective negotiating units established pursuant to article 14
15 of the civil service law.
16 6. Officers and employees to whom the provisions of this section apply
17 who are incumbents of positions that are not allocated to salary grades
18 specified in paragraph d of subdivision 1 of section 130 of the civil
19 service law and whose salary is not prescribed in any other statute
20 shall receive the salary increases specified in subdivision two of this
21 section.
22 7. In order to provide for the officers and employees to whom this
23 section applies who are not allocated to salary grades performance
24 advancements, merit awards, longevity payments and in lieu payments, and
25 special achievement awards in proportion to those provided to persons to
26 whom this section applies who are allocated to salary grades, the direc-
27 tor of the budget is authorized to add appropriate adjustments to the
28 compensation that such officers and employees are otherwise entitled to
29 receive. The director of the budget shall issue certificates that shall
30 contain schedules of positions and the salaries or payments thereof for
31 which adjustments or payments are made pursuant to the provisions of
32 this subdivision, and a copy of each such certificate shall be filed
33 with the state comptroller, the department of civil service, the chair
34 of the senate finance committee and the chair of the assembly ways and
35 means committee.
36 8. Notwithstanding any of the foregoing provisions of this section,
37 any increase in compensation for any officer or employee appointed to a
38 lower graded position from a redeployment list pursuant to subdivision 1
39 of section 79 of the civil service law who continues to receive his or
40 her former salary pursuant to such subdivision shall be determined on
41 the basis of such lower graded position provided, however, that the
42 increases in salary provided in subdivision two of this section shall
43 not cause such officer's or employee's salary to exceed the job rate of
44 any such lower graded position at salary grade.
45 9. Notwithstanding any of the foregoing provisions of this section or
46 of any law to the contrary, the director of the budget may reduce the
47 salary of any position which is vacant or which becomes vacant, so long
48 as the position, if encumbered, would be subject to the provisions of
49 this section. The director of the budget does not need to provide a
50 reason for such reduction.
51 § 5. Compensation for certain state officers and employees in the
52 division of state police. 1. The provisions of this section shall apply
53 to officers and employees whose salaries are provided for by paragraph
54 (a) of subdivision 1 of section 215 of the executive law.
A. 6965 59
1 2. (a) Effective April 1, 2019, the basic annual salary of officers
2 and employees to whom the provisions of this subdivision apply shall be
3 increased by 2 percent adjusted to the nearest whole dollar amount.
4 (b) Effective April 1, 2020, the basic annual salary of officers and
5 employees to whom the provisions of this subdivision apply shall be
6 increased by 2 percent adjusted to the nearest whole dollar amount.
7 3. The increase in salary payable pursuant to this section shall apply
8 on a prorated basis in accordance with guidelines issued by the director
9 of the budget to officers and employees otherwise eligible to receive an
10 increase in salary pursuant to this act who are paid on an hourly or per
11 diem basis, employees serving on a part-time or seasonal basis, and
12 employees paid on any basis other than at an annual salary rate.
13 4. Notwithstanding any of the foregoing provisions of this section,
14 any increase in compensation for any officer or employee appointed to a
15 lower graded position from a redeployment list pursuant to subdivision 1
16 of section 79 of the civil service law who continues to receive his or
17 her former salary pursuant to such subdivision shall be determined on
18 the basis of such lower graded position provided, however, that the
19 increase in salary provided in subdivision two of this section shall not
20 cause such officer's or employee's salary to exceed the job rate of any
21 such lower graded position at salary grade.
22 § 6. Compensation for certain state employees in the state university
23 and certain employees of contract colleges at Cornell and Alfred univer-
24 sities. 1. (a) Effective April 1, 2019, the basic annual salary of
25 incumbents of positions in the professional service in the state univer-
26 sity that are designated, stipulated, or excluded from negotiating units
27 as managerial or confidential as defined pursuant to article 14 of the
28 civil service law, may be increased pursuant to plans approved by the
29 state university trustees. Such increase in basic annual salary rates
30 shall not exceed in the aggregate 2 percent of the total basic annual
31 salary rates in effect on March 31, 2019.
32 (b) Effective April 1, 2020, the basic annual salary of incumbents of
33 positions in the professional service in the state university that are
34 designated, stipulated, or excluded from negotiating units as managerial
35 or confidential as defined pursuant to article 14 of the civil service
36 law, may be increased pursuant to plans approved by the state university
37 trustees. Such increase in basic annual salary rates shall not exceed in
38 the aggregate 2 percent of the total basic annual salary rates in effect
39 on March 31, 2020.
40 2. (a) Effective April 1, 2019, the basic annual salary of incumbents
41 of positions in the institutions under the management and control of
42 Cornell and Alfred universities as representatives of the board of trus-
43 tees of the state university that, in the opinion of the director of
44 employee relations, would be designated managerial or confidential were
45 they subject to article 14 of the civil service law may be increased
46 pursuant to plans approved by the state university trustees. Such
47 increase in basic annual salary rates shall not exceed in the aggregate
48 2 percent of the total basic annual salary rates in effect March 31,
49 2019.
50 (b) Effective April 1, 2020, the basic annual salary of incumbents of
51 positions in the institutions under the management and control of
52 Cornell and Alfred universities as representatives of the board of trus-
53 tees of the state university that, in the opinion of the director of
54 employee relations, would be designated managerial or confidential were
55 they subject to article 14 of the civil service law may be increased
56 pursuant to plans approved by the state university trustees. Such
A. 6965 60
1 increase in basic annual salary rates shall not exceed in the aggregate
2 two percent of the total basic annual salary rates in effect March 31,
3 2020.
4 3. (a) During the period April 1, 2019 through March 31, 2020, the
5 basic annual salary of incumbents of positions in the non-professional
6 service that, in the opinion of the director of employee relations,
7 would be designated managerial or confidential were they subject to
8 article 14 of the civil service law, except those positions in the
9 Cornell service and maintenance unit that are subject to the terms of a
10 collective bargaining agreement between Cornell university and the
11 employee organization representing employees in such positions and
12 except those positions in the Alfred service and maintenance unit that
13 are subject to the terms of a collective bargaining agreement between
14 Alfred university and the employee organization representing employees
15 in such positions, in institutions under the management and control of
16 Cornell and Alfred universities as representatives of the board of trus-
17 tees of the state university may be increased pursuant to plans approved
18 by the state university trustees. Such plans may include a new salary
19 schedule which shall supersede the salary schedules then in effect
20 applicable to such employees. Such plans shall provide for an increase
21 in basic annual salary, which, exclusive of performance advancement
22 payments or merit recognition payments, shall not exceed in the aggre-
23 gate 2 percent of the total basic annual salary rates in effect on March
24 31, 2019.
25 (b) During the period April 1, 2020 through March 31, 2021, the basic
26 annual salary of incumbents of positions in the non-professional service
27 that, in the opinion of the director of employee relations, would be
28 designated managerial or confidential were they subject to article 14 of
29 the civil service law, except those positions in the Cornell service and
30 maintenance unit that are subject to the terms of a collective bargain-
31 ing agreement between Cornell university and the employee organization
32 representing employees in such positions and except those positions in
33 the Alfred service and maintenance unit that are subject to the terms of
34 a collective bargaining agreement between Alfred university and the
35 employee organization representing employees in such positions, in
36 institutions under the management and control of Cornell and Alfred
37 universities as representatives of the board of trustees of the state
38 university may be increased pursuant to plans approved by the state
39 university trustees. Such plans may include a new salary schedule which
40 shall supersede the salary schedules then in effect applicable to such
41 employees. Such plans shall provide for an increase in basic annual
42 salary, which, exclusive of performance advancement payments or merit
43 recognition payments, shall not exceed in the aggregate two percent of
44 the total basic annual salary rates in effect on March 31, 2020.
45 4. For the purposes of this section, the basic annual salary of an
46 employee is that salary that is obtained through direct appropriation of
47 state moneys for the purpose of paying wages. Nothing in this part shall
48 prevent increasing amounts paid to incumbents of such positions in the
49 professional service in addition to the basic annual salary, provided,
50 however, that the amounts required for such increase and the cost of
51 fringe benefits attributable to such increase, as determined by the
52 comptroller, are made available to the state in accordance with the
53 procedures established by the state university, with the approval of the
54 director of the budget, for such purposes.
55 5. Notwithstanding any of the foregoing provisions of this section or
56 any law to the contrary, any increase in compensation may be withheld in
A. 6965 61
1 whole or in part from any employee to whom the provisions of this
2 section apply pursuant to section fourteen of this act.
3 § 7. Location compensation for certain state officers and employees.
4 1. This section shall apply to all full-time annual salaried state offi-
5 cers and employees and non-annual salaried seasonal state officers and
6 employees except the following:
7 (a) officers and employees of the legislature and the judiciary,
8 including officers and employees of boards, bodies and commissions that
9 are deemed to be part of the legislature or judiciary for the purposes
10 of section 49 of the state finance law;
11 (b) officers and employees whose salaries are prescribed by or deter-
12 mined in accordance with section 40, 60, 169, 215 or 216 of the execu-
13 tive law;
14 (c) incumbents of allocated or unallocated positions in the profes-
15 sional service in the state university and in institutions under the
16 management and control of Cornell and Alfred universities as represen-
17 tatives of the board of trustees of the state university;
18 (d) officers and employees who are in recognized or certified collec-
19 tive negotiating units pursuant to article 14 of the civil service law.
20 2. Notwithstanding the provisions of section 15 of chapter 333 of the
21 laws of 1969, as amended, officers and employees subject to this section
22 whose principal place of employment or, in the case of field employees,
23 whose official station as determined in accordance with the regulations
24 of the comptroller is located:
25 (a) in the county of Monroe and who were eligible to receive location
26 pay on March 31, 1985, shall receive location pay at the rate of two
27 hundred dollars per year provided they continue to be otherwise eligi-
28 ble.
29 (b) in the city of New York, or in the county of Rockland, Westches-
30 ter, Nassau, or Suffolk shall continue to receive a downstate adjustment
31 at the rate of three thousand twenty-six dollars effective October 1,
32 2008.
33 (c) in the county of Dutchess, Orange, or Putnam shall continue to
34 receive a mid-Hudson adjustment at the rate of one thousand five hundred
35 thirteen dollars effective October 1, 2008. Such location payments shall
36 be in addition to and shall not be a part of an employee's basic annual
37 salary, and shall not affect or impair any advancements or other rights
38 or benefits to which an employee may be entitled by law, provided,
39 however, that location payments shall be included as compensation for
40 purposes of computation of overtime pay and for retirement purposes.
41 For the sole purpose of continuing eligibility for location pay in
42 Monroe county, an employee previously eligible to receive location pay
43 on March 31, 1985 who is on an approved leave of absence or participates
44 in an employer program to reduce to part-time service during summer
45 months shall continue to be eligible for said location pay upon return
46 to full-time state service in Monroe county.
47 § 8. Continuation of location compensation for certain officers and
48 employees of the Hudson Valley developmental disabilities services
49 office. 1. Notwithstanding any law, rule or regulation to the contrary,
50 any officer or employee of the Hudson Valley developmental disabilities
51 services office not represented in collective negotiating units estab-
52 lished pursuant to article 14 of the civil service law who is receiving
53 location pay pursuant to section 5 of chapter 174 of the laws of 1993
54 shall continue to receive such location pay under the conditions and at
55 the rates specified by such section.
A. 6965 62
1 2. Notwithstanding section eight of this act or any other law, rule or
2 regulation to the contrary, any officer or employee of the Hudson Valley
3 developmental disabilities services office not represented in collective
4 negotiating units established pursuant to article 14 of the civil
5 service law who is receiving location pay pursuant to said section eight
6 of this act shall continue to be eligible for such location pay if such
7 officer's or employee's principal place of employment is changed to a
8 location outside of the county of Rockland as the result of a reduction
9 or redeployment of staff, provided, however, that such officer or
10 employee is reassigned to or otherwise appointed or promoted to a
11 different position at another work location within such Hudson Valley
12 developmental disabilities services office located outside of the county
13 of Rockland. The rate of such continued location pay shall not exceed
14 the rate such officer or employee is receiving on the date of such reas-
15 signment, appointment, or promotion.
16 § 9. Overtime meal allowance. Notwithstanding any other provision of
17 law to the contrary, individuals in positions in the classified service
18 of the state of New York designated managerial or confidential pursuant
19 to article 14 of the civil service law, shall continue to receive,
20 effective April 1, 2011, an overtime meal allowance in the amount of
21 $5.50 pursuant to eligibility guidelines developed by the director of
22 employee relations.
23 § 10. Effect of participation in special annuity program. No officer
24 or employee participating in a special annuity program pursuant to the
25 provisions of article 8-C of the education law shall, by reason of an
26 increase in compensation pursuant to this act, suffer any reduction of
27 the salary adjustment to which that employee would otherwise be entitled
28 by reason of participation in such program, and such salary adjustment
29 shall be based upon the salary of such officer or employee without
30 regard to the reduction authorized by such article.
31 § 11. 1. Notwithstanding the provisions of any other section of this
32 act or any other provision of law to the contrary, any increase in
33 compensation provided: (a) in this act, or (b) as a result of a
34 promotion, appointment, or advancement to a position in a higher salary
35 grade, or (c) pursuant to paragraph (c) of subdivision 6 of section 131
36 of the civil service law, or (d) pursuant to paragraph (b) of subdivi-
37 sion 8 of section 130 of the civil service law, or (e) pursuant to para-
38 graph (a) of subdivision 3 of section 13 of chapter 732 of the laws of
39 1988, as amended, may be withheld in whole or in part from any officer
40 or employee when, in the opinion of the director of the budget, such
41 withholding is necessary to reflect the job performance of such officer
42 or employee, or to maintain appropriate salary relationships among offi-
43 cers or employees of the state, or to reduce state expenditures to
44 acceptable levels or when, in the opinion of the director of the budget,
45 such increase is not warranted or is not appropriate. As a result of an
46 exercise of the director's authority under this act to withhold any
47 increase, such salary schedules as defined in section one of this act
48 shall be implemented and/or modified by the director of the budget, as
49 necessary, consistent with the provision or withholding of such
50 increases pursuant to this section.
51 2. Notwithstanding the provisions of any other section of this act,
52 the salary increase provided for in this act shall not be implemented
53 until the director of the budget delivers notice to the comptroller that
54 such amounts may be paid.
55 § 12. Notwithstanding any provision of law to the contrary, the appro-
56 priations contained in this act shall be available to the state for the
A. 6965 63
1 payment of grievance settlements and awards pursuant to executive order
2 42, dated October 14, 1970, and title 9, part 560, official compilation
3 of codes, rules and regulations of the state of New York.
4 § 13. Date of entitlement to salary increase. Notwithstanding the
5 provisions of this act or of any other law, the increase in salary or
6 compensation of any officer or employee provided by this act shall be
7 added to the salary or compensation of such officer or employee at the
8 beginning of that payroll period the first day of which is nearest to
9 the effective date of such increases as provided in this act, or at the
10 beginning of the earlier of two payroll periods the first days of which
11 are nearest but equally near to the effective dates of such increases as
12 provided in this act, provided, however, that for the purposes of deter-
13 mining the salary of such officer or employee upon reclassification,
14 reallocation, appointment, promotion, transfer, demotion, reinstatement
15 or other change of status, such salary increase shall be deemed to be
16 effective on the date thereof as prescribed in this act, and the payment
17 thereof pursuant to this section on a date prior thereto, instead of on
18 such effective date, shall not operate to confer any additional salary
19 rights or benefits on such officer or employee. Payment of such salary
20 increase may be deferred pursuant to section fourteen of this act.
21 § 14. Deferred payment of salary increase. Notwithstanding the
22 provisions of any other section of this act or any other provision of
23 law to the contrary, pending payment pursuant to this act of the basic
24 annual salaries of incumbents of positions subject to this act, such
25 incumbents shall receive, as partial compensation for services rendered,
26 the rate of salary and other compensation otherwise payable in their
27 respective positions. An incumbent holding a position subject to this
28 act at any time during the period from April 1, 2019, until the time
29 when basic annual salaries and other compensation due are first paid
30 pursuant to this act for such services in excess of the salary and other
31 compensation actually received therefor, shall be entitled to a lump sum
32 payment for the difference between the salary and other compensation to
33 which such incumbent is entitled for such services and the salary and
34 other compensation actually received.
35 § 15. Use of appropriations. Notwithstanding any provision of the
36 state finance law or any other provision of law to the contrary, the
37 state comptroller is authorized to pay any amounts required during the
38 fiscal year commencing April 1, 2018 or April 1, 2019, by the provisions
39 of this act for any state department or agency from any appropriation or
40 other funds available to such state department or agency for personal
41 service or for other related employee benefits during such fiscal year.
42 To the extent that such appropriations are insufficient in any fund to
43 accomplish the purposes herein set forth, the director of the budget is
44 authorized to allocate to the various departments and agencies, from any
45 appropriations available in any fund, the amounts necessary to pay such
46 amounts. The aforementioned appropriations shall be available for
47 payment of any liabilities or obligations incurred prior to April 1,
48 2018 or April 1, 2019, in addition to current liabilities.
49 § 16. Notwithstanding any provision of the state finance law or any
50 other provision of law to the contrary, the sum of $47,520,000 is hereby
51 appropriated in the general fund/state purposes account (10050) in
52 miscellaneous-all state departments and agencies solely for
53 apportionment/transfer by the director of the budget for use by any
54 state department or agency in any fund for the state fiscal year April
55 1, 2019 through March 31, 2020 to supplement appropriations for personal
56 service, other than personal service and fringe benefits, and to carry
A. 6965 64
1 out the provisions of this act. No money shall be available for expendi-
2 ture from this appropriation until a certificate of approval has been
3 issued by the director of the budget and a copy of such certificate or
4 any amendment thereto has been filed with the state comptroller, the
5 chair of the senate finance committee and the chair of the assembly ways
6 and means committee. The monies hereby appropriated are available for
7 payment of any liabilities or obligations incurred prior to or during
8 the state fiscal year April 1, 2019 through March 31, 2020. For this
9 purpose, the monies appropriated shall remain in full force and effect
10 for the payment of liabilities incurred on or before March 31, 2020.
11 § 17. This act shall take effect immediately and shall be deemed to
12 have been in full force and effect on and after April 1, 2019. Appropri-
13 ations made by this act shall remain in full force and effect for
14 liabilities incurred through March 31, 2020.
15 § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
16 sion, section or part contained in any part of this act shall be
17 adjudged by any court of competent jurisdiction to be invalid, such
18 judgment shall not affect, impair, or invalidate the remainder thereof,
19 but shall be confined in its operation to the clause, sentence, para-
20 graph, subdivision, section or part contained in any part thereof
21 directly involved in the controversy which such judgment shall have been
22 rendered. It is hereby declared to be the intent of the legislature that
23 this act would have been enacted even if such invalid provisions had not
24 been included herein.
25 § 3. This act shall take effect immediately provided, however, that
26 the applicable effective date of Parts A through D of this act shall be
27 as specifically set forth in the last section of such Part.