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NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7783 SPONSOR: Abbate
TITLE OF BILL: An act to amend the civil service law, in relation to geographic pay differentials for state employees   PURPOSE: To mandate geographic pay differentials which match the federal locality pay adjustments on an annual basis.   SUMMARY OF PROVISIONS: Section 1. Adds a new subdivision 7 to section 130 of the civil service law. This subdivision requires the Director of the Civil Service Commis- sion to match the federal locality pay adjustment by April 1 of each year. Section 2. Effective date.   JUSTIFICATION: New York is a very diverse state and regions across the state have vari- ous cost of living differences. Housing, food, or fuel costs can vary greatly from Long Island to Buffalo or Binghamton to Plattsburgh. In recognition of the foregoing, the federal government has established set pay differentials for the varied regions of the state. This bill would simply require the state to follow the federal standard and make equita- ble geographic pay differentials. Using an existing federal standard for federal employees is a sound policy for New York to follow for its employees as well.   LEGISLATIVE HISTORY: New bill for 2017 session.   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: On the sixtieth day after it shall have become a law.
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STATE OF NEW YORK ________________________________________________________________________ 7783 2017-2018 Regular Sessions IN ASSEMBLY May 15, 2017 ___________ Introduced by M. of A. ABBATE -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to geographic pay differentials for state employees The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 130 of the civil service law, as 2 amended by chapter 74 of the laws of 2000, is amended to read as 3 follows: 4 7. Geographic pay differentials. [ Whenever the director finds that5 under community wage practices in private or other public employment in6 one or more areas or locations, wage rates of employees in a given occu-7 pation are substantially higher than the wage rates paid by the state,8 he may, subject to the approval of the director of the budget, authorize9 a pay differential to be added as an adjustment to the hiring rate, the10 job rate and the longevity steps of the salary grade or grades for the11 same or related occupations in the state service in such areas or12 locations. A pay differential under this subdivision shall be a13 percentage or a fixed dollar amount as prescribed in each case by the14 director of the classification and compensation division subject to15 approval of the director of the budget. Such differentials shall be paid16 to employees whose basic annual salary is at or below the unadjusted job17 rate of the salary grade or at or below the unadjusted longevity step of18 the salary grade to which the employees are entitled based on the crite-19 ria specified in subdivision three of this section. Those employees20 whose basic annual salary is above the unadjusted job rate for the sala-21 ry grade and who are not entitled to be paid at a longevity step shall22 receive a portion of the differential sufficient to increase their sala-23 ry to the adjusted job rate. Those employees whose basic annual salary24 is above the unadjusted longevity step to which they are entitled shall25 receive a portion of the differential sufficient to increase their sala-EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11549-02-7A. 7783 2 1 ry to such longevity step as adjusted by the differential. Such differ-2 entials shall be in addition to and shall not be part of an employee's3 basic annual salary, and shall not affect or impair any performance4 advancement payments, performance awards, longevity payments or other5 rights or benefits to which an employee may be entitled under the6 provisions of this chapter, provided, however, that any differential7 payable pursuant to this subdivision shall be included as compensation8 for retirement purposes. A pay differential shall be terminated for any9 employee when he ceases to be employed in the position, or area or10 location for which such pay differential was authorized. A pay differen-11 tial shall remain in effect until terminated by the director of the12 classification and compensation division, with the consent of the direc-13 tor of the budget or until a new pay differential is authorized pursuant14 to this subdivision. The director of the budget may adopt such regu-15 lations as he may deem necessary to carry out the provisions of this16 subdivision. Employees who on April first, nineteen hundred seventy-nine17 are receiving additional compensation as a result of a previous determi-18 nation to authorize a geographic area pay differential shall continue to19 receive such additional compensation while employed in the position for20 which such differential was authorized.] By April first of each year, 21 the director shall implement geographic pay differentials identical to 22 the locality pay adjustments of the federal government which take effect 23 on or about January first of that year. 24 § 2. This act shall take effect on the sixtieth day after it shall 25 have become a law.