Amd §§130, 208 & 134, rpld §130 sub 1 ¶a sub¶¶ 1 - 3, Civ Serv L; amd §8, St Fin L; amd §17, Chap 333 of 1969
Relates to compensation and other terms and conditions of employment of certain state officers and employees; authorizes funding of joint labor-management committees; implements agreements between the state and an employee organization; relates to salary increases for certain state officers and employees, in relation to rates of pay for certain state employees; and makes an appropriation therefor.
STATE OF NEW YORK
________________________________________________________________________
6818
2017-2018 Regular Sessions
IN SENATE
June 20, 2017
___________
Introduced by Sens. AMEDORE, TEDISCO, MARCHIONE -- (at request of the
Governor) -- read twice and ordered printed, and when printed to be
committed to the Committee on Rules
AN ACT to amend the civil service law and the state finance law, in
relation to compensation and other terms and conditions of employment
of certain state officers and employees, to authorize funding of joint
labor-management committees, to implement agreements between the state
and an employee organization; to amend chapter 333 of the laws of 1969
amending the civil service law and other laws relating to salary
increases for certain state officers and employees, in relation to
rates of pay for certain state employees; to repeal certain provisions
of the civil service law relating thereto; and making an appropriation
for the purpose of effectuating certain provisions hereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraphs 1, 2 and 3 of paragraph a of subdivision 1 of
2 section 130 of the civil service law are REPEALED and five new subpara-
3 graphs 1, 2, 3, 4 and 5 are added to read as follows:
4 (1) Effective April seventh, two thousand sixteen for officers and
5 employees on the administrative payroll and effective March thirty-
6 first, two thousand sixteen for officers and employees on the institu-
7 tional payroll:
8 SGHRSTEPSTEPSTEPSTEPSTEPSTEPJRINCR
9 123456
10 12339124180249692575826547273362812528914789
11 22428425112259402676827596284242925230080828
12 32549626361272262809128956298213068631551865
13 42660927525284412935730273311893210533021916
14 52788228841298003075931718326773363634595959
15 62944230439314363243333430344273542436421997
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD12022-01-7
S. 6818 2
1 731070321163316234208352543630037346383921046
2 832822339073499236077371623824739332404171085
3 934651357853691938053391874032141455425891134
4 1036633378223901140200413894257843767449561189
5 1138758400074125642505437544500346252475011249
6 1240975422674355944851461434743548727500191292
7 1343406447584611047462488145016651518528701352
8 1445918473264873450142515505295854366557741408
9 1548584500515151852985544525591957386588531467
10 1651305528405437555910574455898060515620501535
11 1754193558155743759059606816230363925655471622
12 1857324590186071262406641006579467488691821694
13 1960395621736395165729675076928571063728411778
14 2063555654026724969096709437279074637764841847
15 2166963688977083172765746997663378567805011934
16 2270553725757459776619786418066382685847072022
17 2374325764357854580655827658487586985890952110
18 2478371805558273984923871078929191475936592184
19 2582702849838726489545918269410796388986692281
20 (2) Effective April sixth, two thousand seventeen for officers and
21 employees on the administrative payroll and effective March thirtieth,
22 two thousand seventeen for officers and employees on the institutional
23 payroll:
24 SGHRSTEPSTEPSTEPSTEPSTEPSTEPJRINCR
25 123456
26 12385924664254692627427079278842868929494805
27 22477025615264602730528150289952984030685845
28 32600626888277702865229534304163129832180882
29 42714128075290092994330877318113274533679934
30 52844029418303963137432352333303430835286978
31 630031310483206533082340993511636133371501017
32 731691327583382534892359593702638093391601067
33 833478345853569236799379063901340120412271107
34 935344365013765838815399724112942286434431157
35 1037366385793979241005422184343144644458571213
36 1139533408074208143355446294590347177484511274
37 1241795431134443145749470674838549703510211318
38 1344274456534703248411497905116952548539271379
39 1446836482724970851144525805401655452568881436
40 1549556510525254854044555405703658532600281496
41 1652331538975546357029585956016161727632931566
42 1755277569315858560239618936354765201668551654
43 1858470601986192663654653826711068838705661728
44 1961603634176523167045688597067372487743011814
45 2064826667106859470478723627424676130780141884
46 2168302702757224874221761947816780140821131973
47 2271964740267608878150802128227484336863982062
48 2375812779648011682268844208657288724908762152
49 2479938821668439486622888509107893306955342228
50 25843568668389010913379366495991983181006452327
51 (3) Effective April fifth, two thousand eighteen for officers and
52 employees on the administrative payroll and effective March twenty-
S. 6818 3
1 ninth, two thousand eighteen for officers and employees on the institu-
2 tional payroll:
3 SGHRSTEPSTEPSTEPSTEPSTEPSTEPJRINCR
4 123456
5 12433625157259782679927620284412926230083821
6 22526526127269892785128713295753043731299862
7 32652627426283262922630126310263192632826900
8 42768428637295903054331496324493340234355953
9 52900930007310053200333001339993499735995998
10 630632316693270633743347803581736854378911037
11 732325334133450135589366773776538853399411088
12 834148352773640637535386643979340922420511129
13 936051372313841139591407714195143131443111180
14 1038113393504058741824430614429845535467721237
15 1140324416234292244221455204681948118494171299
16 1242631439754531946663480074935150695520391344
17 1345159465664797349380507875219453601550081407
18 1447773492385070352168536335509856563580281465
19 1550547520735359955125566515817759703612291526
20 1653378549755657258169597666136362960645571597
21 1756383580705975761444631316481866505681921687
22 1859639614026316564928666916845470217719801763
23 1962835646856653568385702357208573935757851850
24 2066123680456996771889738117573377655795771922
25 2169668716807369275704777167972881740837522012
26 2273403755067760979712818158391886021881242103
27 2377328795238171883913861088830390498926932195
28 2481537838108608388356906299290295175974482273
29 258604388417907919316595539979131002871026612374
30 (4) Effective April fourth, two thousand nineteen for officers and
31 employees on the administrative payroll and effective March twenty-
32 eighth, two thousand nineteen for officers and employees on the institu-
33 tional payroll:
34 SGHRSTEPSTEPSTEPSTEPSTEPSTEPJRINCR
35 123456
36 12482325660264972733428171290082984530682837
37 22577026649275282840729286301653104431923879
38 32705727975288932981130729316473256533483918
39 42823829210301823115432126330983407035042972
40 529589306073162532643336613467935697367151018
41 631245323033336134419354773653537593386511058
42 732972340823519236302374123852239632407421110
43 834831359833713538287394394059141743428951152
44 936772379763918040384415884279243996452001204
45 1038875401374139942661439234518546447477091262
46 1141130424554378045105464304775549080504051325
47 1243484448554622647597489685033951710530811371
48 1346062474974893250367518025323754672561071435
49 1448728502225171653210547045619857692591861494
50 1551558531155467256229577865934360900624571557
51 1654446560755770459333609626259164220658491629
52 1757511592326095362674643956611667837695581721
53 1860832626306442866226680246982271620734181798
S. 6818 4
1 1964092659796786669753716407352775414773011887
2 2067445694067136773328752897725079211811721961
3 2171061731137516577217792698132183373854252052
4 2274871770167916181306834518559687741898862145
5 2378875811148335385592878319007092309945482239
6 2483168854868780490122924409475897076993942318
7 258776490185926069502797448998691022901047112421
8 (5) Effective April second, two thousand twenty for officers and
9 employees on the administrative payroll and effective March twenty-
10 sixth, two thousand twenty for officers and employees on the institu-
11 tional payroll:
12 SGHRSTEPSTEPSTEPSTEPSTEPSTEPJRINCR
13 123456
14 12531926173270272788128735295893044331297854
15 22628527182280792897629873307703166732564897
16 32759828534294703040631342322783321434150936
17 42880329794307853177632767337583474935740991
18 530181312193225733295343333537136409374471038
19 631870329493402835107361863726538344394231079
20 733631347633589537027381593929140423415551132
21 835528367033787839053402284140342578437531175
22 937507387353996341191424194364744875461031228
23 1039653409404222743514448014608847375486621287
24 1141953433044465546006473574870850059514101351
25 1244354457524715048548499465134452742541401398
26 1346983484474991151375528395430355767572311464
27 1449703512275275154275557995732358847603711524
28 1552589541775576557353589416052962117637051588
29 1655535571975885960521621836384565507671691662
30 1758661604166217163926656816743669191709461755
31 1862049638836571767551693857121973053748871834
32 1965374672996922471149730747499976924788491925
33 2068794707947279474794767947879480794827942000
34 2172482745757666878761808548294785040871332093
35 2276368785568074482932851208730889496916842188
36 2380453827378502187305895899187394157964412284
37 24848318719589559919239428796651990151013792364
38 2589519919889445796926993951018641043331068022469
39 § 2. Subdivision 2 of section 208 of the civil service law, as amended
40 by section 3 of part A of chapter 491 of the laws of 2011, is amended to
41 read as follows:
42 2. An employee organization certified or recognized pursuant to this
43 article shall be entitled to unchallenged representation status until
44 seven months prior to the expiration of a written agreement between the
45 public employer and said employee organization determining terms and
46 conditions of employment. For the purposes of this subdivision, (a) any
47 such agreement for a term covering other than the fiscal year of the
48 public employer shall be deemed to expire with the fiscal year ending
49 immediately prior to the termination date of such agreement, (b) any
50 such agreement having a term in excess of three years shall be treated
51 as an agreement for a term of three years, provided, however, any such
52 agreement between the state and an employee organization representing
53 employees in the executive or judicial branches which commences in the
S. 6818 5
1 calendar year two thousand [eleven] sixteen having a term in excess of
2 three years shall be treated as an agreement for a term certain speci-
3 fied in such agreement but in no event for a term greater than four
4 years, and (c) extensions of any such agreement shall not extend the
5 period of unchallenged representation status.
6 § 3. Paragraph (e) of subdivision 3 of section 130 of the civil
7 service law, as amended by section 4 of part A of chapter 491 of the
8 laws of 2011, is amended to read as follows:
9 (e) (1) Where, and to the extent that, an agreement between the state
10 and an employee organization entered into pursuant to article fourteen
11 of this chapter on behalf of officers and employees serving in positions
12 in the administrative services unit, institutional services unit, opera-
13 tional services unit or division of military and naval affairs unit so
14 provides officers and employees to whom paragraph a of subdivision one
15 of this section applies who, on or after April first, two thousand
16 [eleven] sixteen, on their anniversary date have five or more years, but
17 less than ten years, of continuous service as defined by paragraph (c)
18 of this subdivision at a basic annual salary rate equal to or in excess
19 of the job rate or maximum salary of their salary grade, shall receive a
20 lump sum payment in the amount of one thousand two hundred fifty
21 dollars. Effective April first, two thousand nineteen, such lump sum
22 payment shall increase to one thousand five hundred dollars.
23 [Where] (2) Effective until March thirty-first, two thousand twenty,
24 where, and to the extent that, an agreement between the state and an
25 employee organization entered into pursuant to article fourteen of this
26 chapter on behalf of officers and employees serving in positions in the
27 administrative services unit, institutional services unit, operational
28 services unit or division of military and naval affairs unit so provides
29 officers and employees to whom paragraph a of subdivision one of this
30 section applies who, on or after April first, two thousand [eleven]
31 sixteen, on their anniversary date have ten or more years of continuous
32 service as defined by paragraph (c) of this subdivision at a basic annu-
33 al salary rate equal to or in excess of the job rate or maximum salary
34 of their salary grade shall receive a lump sum payment in the amount of
35 two thousand five hundred dollars which, effective April first, two
36 thousand nineteen, such lump sum payment shall be increased to three
37 thousand dollars. Effective April first, two thousand twenty, where,
38 and to the extent that, an agreement between the state and an employee
39 organization entered into pursuant to article fourteen of this chapter
40 on behalf of officers and employees serving in positions in the adminis-
41 trative services unit, institutional services unit, operational services
42 unit or division of military and naval affairs unit so provides officers
43 and employees to whom paragraph a of subdivision one of this section
44 applies who, on or after April first, two thousand twenty, on their
45 anniversary date have ten or more years, but less than fifteen years, of
46 continuous service as defined by paragraph (c) of this subdivision at a
47 basic annual salary rate equal to or in excess of the job rate or maxi-
48 mum salary of their salary grade shall receive a lump sum payment in the
49 amount of three thousand dollars.
50 (3) Effective April first, two thousand twenty, where, and to the
51 extent that, an agreement between the state and an employee organization
52 entered into pursuant to article fourteen of this chapter on behalf of
53 officers and employees serving in positions in the administrative
54 services unit, institutional services unit, operational services unit or
55 division of military and naval affairs unit so provides officers and
56 employees to whom paragraph a of subdivision one of this section applies
S. 6818 6
1 who, on or after April first, two thousand twenty, on their anniversary
2 date have fifteen or more years of continuous service as defined by
3 paragraph (c) of this subdivision at a basic annual salary rate equal to
4 or in excess of the job rate or maximum salary of their salary grade
5 shall receive a lump sum payment in the amount of four thousand five
6 hundred dollars.
7 (4) Such lump sum payment, as provided by this paragraph, shall be in
8 addition to and not part of the employee's basic annual salary, provided
9 however that any amount payable by this paragraph shall be included as
10 compensation for overtime and retirement purposes.
11 Such lump sum payment, as provided by this paragraph, shall be payable
12 in April of each fiscal year, or as soon as practicable thereafter, for
13 those eligible employees who have achieved five or more, or ten or more,
14 or fifteen or more years of continuous service as defined by paragraph
15 (c) of this subdivision at a basic annual salary rate equal to or in
16 excess of the job rate or maximum salary of their salary grade during
17 the period October first through March thirty-first of the previous
18 fiscal year. Such lump sum payment, as provided by this paragraph, shall
19 be payable in October of each fiscal year, or as soon as practicable
20 thereafter, for those eligible employees who have achieved five or more,
21 or ten or more, or fifteen or more years of continuous service as
22 defined by paragraph (c) of this subdivision at a basic annual salary
23 rate equal to or in excess of the job rate or maximum salary of their
24 salary grade during the period April first through September thirtieth
25 of that same fiscal year.
26 § 4. Subdivision 12-d of section 8 of the state finance law, as
27 amended by section 5 of part A of chapter 491 of the laws of 2011, is
28 amended to read as follows:
29 12-d. Notwithstanding any inconsistent provision of the court of
30 claims act, examine, audit and certify for payment any claim submitted
31 and approved by the head of a state department or agency, other than a
32 department or agency specified in subdivision twelve of this section,
33 for personal property of an employee damaged or destroyed in the course
34 of the performance of official duties without fault on his part by an
35 inmate, patient or client of such department or agency after March thir-
36 ty-first, two thousand [eleven] sixteen and prior to April first, two
37 thousand [sixteen] twenty-one, provided no such claim may be certified
38 for payment to an officer or employee who is in a collective negotiating
39 unit until the director of employee relations shall deliver to the comp-
40 troller a letter that there is in effect with respect to such negotiat-
41 ing unit a written collectively negotiated agreement with the state
42 pursuant to article fourteen of the civil service law which provides
43 therefor. Payment of any such claim shall not exceed the sum of three
44 hundred dollars. No person submitting a claim under this subdivision
45 shall have any claim for damages to such personal property approved
46 pursuant to the provision of subdivision four of section five hundred
47 thirty of the labor law or any other applicable provision of law.
48 § 5. Subdivision 12-e of section 8 of the state finance law, as
49 amended by section 6 of part A of chapter 491 of the laws of 2011, is
50 amended to read as follows:
51 12-e. (a) Notwithstanding any inconsistent provision of the court of
52 claims act, where, and to the extent that, an agreement between the
53 state and an employee organization entered into pursuant to article
54 fourteen of the civil service law on behalf of officers and employees
55 serving in positions in the [professional, scientific and technical
56 services unit,] administrative services unit, institutional services
S. 6818 7
1 unit, operational services unit or [and] division of military and naval
2 affairs unit so provides, examine, audit and certify for payment any
3 claim submitted and approved by the head of a state department or agency
4 for personal property of an officer or employee damaged or destroyed in
5 the actual performance of official duties without fault or negligence of
6 the officer or employee other than a claim specified and covered by
7 subdivision twelve or twelve-d of this section after March thirty-first,
8 two thousand [eleven] sixteen and [before] prior to April first, two
9 thousand [sixteen] twenty-one. Payment of such claim shall not exceed
10 the sum of three hundred fifty dollars. Where an agreement between the
11 state and such employee organization entered into pursuant to article
12 fourteen of the civil service law provides for payment to be made to
13 officers and employees by a state department or agency, such payments
14 for claims not in excess of the amount specified in subdivision three of
15 section one hundred fifteen of this chapter may be made from a petty
16 cash account established pursuant to section one hundred fifteen of this
17 chapter and in the manner prescribed therein and pursuant to regulations
18 of the comptroller. No person submitting a claim under this subdivision
19 shall have any claim for damages to such personal property approved
20 pursuant to the provisions of subdivision four of section five hundred
21 thirty of the labor law or any other applicable provision of law.
22 (b) Notwithstanding any inconsistent provision of the court of claims
23 act, where, and to the extent that, an agreement between the state and
24 an employee organization entered into pursuant to article fourteen of
25 the civil service law on behalf of officers and employees serving in
26 positions in the professional, scientific and technical services unit so
27 provides, examine, audit and certify for payment any claim submitted and
28 approved by the head of a state department or agency for personal prop-
29 erty of an officer or employee damaged or destroyed in the actual
30 performance of official duties without fault or negligence of the offi-
31 cer or employee other than a claim specified and covered by subdivision
32 twelve or twelve-d of this section after March thirty-first, two thou-
33 sand sixteen and prior to April first, two thousand nineteen. Payment of
34 such claim shall not exceed the sum of three hundred fifty dollars.
35 Where an agreement between the state and such employee organization
36 entered into pursuant to article fourteen of the civil service law
37 provides for payment to be made to officers and employees by a state
38 department or agency, such payments for claims not in excess of the
39 amount specified in subdivision three of section one hundred fifteen of
40 this chapter may be made from a petty cash account established pursuant
41 to section one hundred fifteen of this chapter and in the manner
42 prescribed therein and pursuant to regulations of the comptroller. No
43 person submitting a claim under this subdivision shall have any claim
44 for damages to such personal property approved pursuant to the
45 provisions of subdivision four of section five hundred thirty of the
46 labor law or any other applicable provision of law.
47 § 6. Subdivision 1 of section 134 of the civil service law, as amended
48 by chapter 382 of the laws of 1973, is amended to read as follows:
49 1. For all state officers and employees, other than officers and
50 employees of the legislature and the judiciary and other than those who
51 shall be excluded pursuant to the rules and regulations hereafter
52 mentioned, the workweek for basic annual salary shall not be more than
53 forty-hours; and, notwithstanding any inconsistent provisions of law,
54 and subject to the rules and regulations promulgated by the director of
55 the budget, any such state officer and employee who is authorized or
56 required to work more than forty hours in any week in his regular posi-
S. 6818 8
1 tion or title or in a position the title of which is allocated to the
2 same salary grade as his regular position, shall receive overtime
3 compensation for the hours worked in excess of forty in each week at one
4 and one-half times the hourly rate of pay received by such employee in
5 his regular position; provided, however, that an employee not subject to
6 the overtime provisions of the federal "Fair Labor Standards Act of
7 1938" as amended by the federal "Fair Labor Standards Amendments of
8 1966", being public law six hundred one of the eighty-ninth congress, as
9 approved September twenty-three, nineteen hundred sixty-six, and all
10 acts amendatory thereof and supplementary thereto, may by written agree-
11 ment with his proper authority exchange hours of work with other employ-
12 ees doing similar work in the same state institution or other state
13 governmental unit without overtime compensation. Upon the approval of
14 the director of the budget a member of the state police may be consid-
15 ered to have worked, for the purpose of determining overtime compen-
16 sation pursuant to the provisions of this section, a minimum of four
17 hours each time he is recalled to work overtime after completing his
18 scheduled work period and leaving his scheduled work station or may be
19 considered to have worked a minimum of two hours each time he is sched-
20 uled to return and returns to duty to work overtime for the purpose of
21 making an appearance in court after completing his regularly scheduled
22 work period and leaving his regularly scheduled work station. Upon the
23 approval of the director of the budget an employee may be considered to
24 have worked, for the purpose of determining overtime compensation pursu-
25 ant to the provisions of this section, a minimum of one-half day each
26 time he is recalled to work overtime after completing his scheduled work
27 period and leaving his scheduled work station; provided, however, that,
28 subject to the terms of an agreement negotiated between the state and an
29 employee organization pursuant to article fourteen of the civil service
30 law, an employee recalled to work may be considered to have worked less
31 than a minimum of one-half day and an employee recalled to work more
32 than once during a period of one-half day commencing with the onset of
33 the initial recall will not be entitled to more than one-half day of
34 overtime credit unless more than one-half day is actually worked. When
35 an employee shall work overtime in a position which has a title which is
36 allocated to a lower salary grade than the salary grade to which the
37 title of his regular position is allocated, he shall receive overtime
38 compensation at one and one-half times the hourly rate of pay of the
39 maximum salary of the grade of the position in which he shall work over-
40 time, or such maximum salary plus the additional increment or incre-
41 ments, if he would be entitled to such additional increment or incre-
42 ments were he then appointed to such position; provided, however, that
43 when such hourly rate exceeds the hourly rate of pay received by him in
44 his regular position, he shall receive one and one-half times the hourly
45 rate of his regular position. When an employee works overtime in a
46 position allocated to a salary grade higher than the salary grade to
47 which his regular position is allocated, he shall receive overtime
48 compensation at one and one-half times the hourly rate of pay of the
49 rate of compensation to which he would be entitled if he were permanent-
50 ly promoted to the position in which such overtime work is performed.
51 Notwithstanding any other provision of law, where an agreement between
52 the state and an employee organization entered into pursuant to article
53 fourteen of this chapter on behalf of officers and employees serving in
54 positions in the institutional services unit so provides such officers
55 and employees shall receive overtime compensation at a rate of two times
56 the hourly rate of pay received by such employee in his regular position
S. 6818 9
1 for such hours of work that qualify for such payment under the terms of
2 such agreement.
3 § 7. Compensation for certain state officers and employees in collec-
4 tive negotiating units. 1. The provisions of this section shall apply,
5 except as otherwise stated in this section, to all full-time officers
6 and employees in the collective negotiating units designated as the
7 administrative services unit, the institutional services unit, the oper-
8 ational services unit, or the division of military and naval affairs
9 unit established pursuant to article 14 of the civil service law.
10 2. Effective April 7, 2016 for officers and employees on the adminis-
11 trative payroll and effective March 31, 2016 for officers and employees
12 on the institutional payroll, the basic annual salary of officers and
13 employees in full-time annual salaried employment status on the day
14 before such payroll period shall be increased by two percent adjusted to
15 the nearest whole dollar amount.
16 3. Effective April 6, 2017 for officers and employees on the adminis-
17 trative payroll and effective March 30, 2017 for officers and employees
18 on the institutional payroll, the basic annual salary of officers and
19 employees in full-time annual salaried employment status on the day
20 before such payroll period shall be increased by two percent adjusted to
21 the nearest whole dollar amount.
22 4. Effective April 5, 2018 for officers and employees on the adminis-
23 trative payroll and effective March 29, 2018 for officers and employees
24 on the institutional payroll, the basic annual salary of officers and
25 employees in full-time annual salaried employment status on the day
26 before such payroll period shall be increased by two percent adjusted to
27 the nearest whole dollar amount.
28 5. Effective April 4, 2019 for officers and employees on the adminis-
29 trative payroll and effective March 28, 2019 for officers and employees
30 on the institutional payroll, the basic annual salary of officers and
31 employees in full-time annual salaried employment status on the day
32 before such payroll period shall be increased by two percent adjusted to
33 the nearest whole dollar amount.
34 6. Effective April 2, 2020 for officers and employees on the adminis-
35 trative payroll and effective March 26, 2020 for officers and employees
36 on the institutional payroll, the basic annual salary of officers and
37 employees in full-time annual salaried employment status on the day
38 before such payroll period shall be increased by two percent adjusted to
39 the nearest whole dollar amount.
40 7. Notwithstanding the provisions of subdivisions two, three, four,
41 five and six of this section, if the basic annual salary of an officer
42 or employee to whom the provisions of this section apply is identical
43 with the hiring rate, step one, two, three, four, five, six or job rate
44 of the salary grade of his or her position on the effective dates of the
45 increases provided in these subdivisions, such basic annual salary shall
46 be increased to the hiring rate, step one, two, three, four, five, six
47 or job rate, respectively, of such salary grade as contained in the
48 appropriate salary schedules in subparagraphs 1, 2, 3, 4 and 5 of para-
49 graph a of subdivision 1 of section 130 of the civil service law, as
50 added by section one of this act, to take effect on the dates provided
51 in subparagraphs 1, 2, 3, 4 and 5, respectively. The increases in basic
52 annual salary provided by this subdivision shall be in lieu of any
53 increase in basic annual salary provided for in subdivisions two, three,
54 four, five and six of this section.
55 8. Payments pursuant to the provisions of subdivision 6 of section 131
56 of the civil service law for full-time annual salaried officers and
S. 6818 10
1 employees entitled to such payments to whom the provisions of this
2 section apply shall be payable in accordance with the terms of an agree-
3 ment reached pursuant to article 14 of the civil service law between the
4 state and an employee organization representing employees subject to the
5 provisions of this section.
6 9. If an unencumbered position is one which if encumbered, would be
7 subject to the provisions of this section, the salary of such position
8 shall be increased by the salary increase amounts specified in this
9 section. If a position is created, and filled by the appointment of an
10 officer or employee who is subject to the provisions of this section,
11 the salary otherwise provided for such position shall be increased in
12 the same manner as though such position had been in existence but unen-
13 cumbered.
14 10. The increases in salary provided in subdivisions two, three, four,
15 five, and six of this section, shall apply on a prorated basis to offi-
16 cers and employees, otherwise eligible to receive an increase in salary,
17 who are paid on an hourly or per diem basis, employees serving on a
18 part-time or seasonal basis and employees paid on any basis other than
19 at an annual salary rate. Notwithstanding the foregoing, the provisions
20 of subdivision eight of this section shall not apply to employees serv-
21 ing on an hourly, per diem, or seasonal basis, except as determined by
22 the director of the budget.
23 11. In order to provide for the officers and employees to whom this
24 section applies who are not allocated to salary grades, but are paid on
25 an annual basis, increases and payments pursuant to subdivision eight of
26 this section in proportion to those provided to persons to whom this
27 section applies who are allocated to salary grades, the director of the
28 budget is authorized to add appropriate adjustments and/or payments to
29 the compensation which such officers and employees are otherwise enti-
30 tled to receive. The director of the budget shall issue certificates
31 which shall contain schedules of positions and the salaries and/or
32 payments thereof for which adjustments and/or payments are made pursuant
33 to the provisions of this subdivision, and a copy of each such certif-
34 icate shall be filed with the state comptroller, the state department of
35 civil service, the chairman of the senate finance committee and the
36 chairman of the assembly ways and means committee.
37 12. Notwithstanding any other provision of this section, the
38 provisions of this section shall not apply to officers or employees paid
39 on a fee schedule basis.
40 13. Notwithstanding any other provision of this section, any increase
41 in compensation for any officer or employee appointed to a lower graded
42 position from a redeployment list pursuant to subdivision 1 of section
43 79 of the civil service law who continues to receive his or her former
44 salary pursuant to such subdivision shall be determined on the basis of
45 such lower graded position provided, however, that the increases in
46 salary provided in this section shall not cause such officer's or
47 employee's salary to exceed the job rate of such lower graded position.
48 14. Notwithstanding any of the foregoing provisions of this section or
49 of any law to the contrary, the director of the budget may reduce the
50 salary of any position which is vacant or which becomes vacant, so long
51 as the position, if encumbered, would be subject to the provisions of
52 this section. The director of the budget does not need to provide a
53 reason for such reduction.
54 15. Notwithstanding any of the foregoing provisions of this section or
55 of any law to the contrary, any increase in compensation may be withheld
56 in whole or in part from any employee to whom the provisions of this
S. 6818 11
1 section are applicable when, in the opinion of the director of the budg-
2 et and the director of employee relations, such increase is not
3 warranted or is not appropriate for any reason.
4 § 8. Compensation for certain employees of the contract colleges at
5 Cornell and Alfred universities. 1. During the period April 1, 2016 to
6 March 31, 2021, the basic annual salaries of positions in the nonprofes-
7 sional service, except those positions in the Cornell service and main-
8 tenance unit which are subject to the terms of a collective bargaining
9 agreement between Cornell University and the employee organization
10 representing employees in such positions and except those positions in
11 the Alfred service and maintenance unit which are subject to the terms
12 of a collective bargaining agreement between Alfred University and the
13 employee organization representing employees in such positions, in
14 institutions under the management and control of Cornell and Alfred
15 universities as representatives of the board of trustees of the state
16 university may be increased pursuant to plans approved by the state
17 university trustees. Such plans may include new salary schedules which
18 shall supersede the salary schedules then in effect applicable to such
19 employees. Such increases in basic annual salary rates, exclusive of
20 performance advancement payments or merit recognition payments, shall
21 not exceed in the aggregate the payments provided in subdivisions two,
22 three, four, five, and six of section seven of this act, for incumbents
23 of positions subject to this subdivision. Such plans may provide, within
24 the appropriations available therefor, an amount for distribution in
25 whole or in part for meritorious service by Cornell and Alfred universi-
26 ties, in their discretion, with the approval of the state university
27 trustees to the incumbents of such positions.
28 2. For the purposes of this section, the basic annual salary of
29 employees is that salary which is obtained through direct appropriation
30 of state moneys for the purpose of paying wages. Nothing in this section
31 shall prevent payment of additional amounts to incumbents of such posi-
32 tions in the nonprofessional service in addition to the basic annual
33 salary; provided, however, that the amounts required for such additional
34 payment, and the cost of fringe benefits attributable to such payment,
35 as determined by the comptroller, are made available to the state in
36 accordance with the procedures established by the state university for
37 such purposes.
38 3. Notwithstanding the foregoing provisions of this section, any
39 increase in compensation provided by this section may be withheld in
40 whole or in part from any officer or employee when, in the opinion of
41 the director of the budget, such withholding is necessary to reflect the
42 job performance of such officer or employee, or to maintain appropriate
43 salary relationships among officers or employees of the state, or to
44 reduce state expenditures to acceptable levels, or when such increase is
45 not warranted or is not appropriate for any reason and the salary of
46 such officer or employee is set at the discretion of the appointing
47 authority.
48 4. Notwithstanding the foregoing provisions of this subdivision, act
49 or any other provision of law, rule or regulation to the contrary, the
50 contract colleges at Cornell and Alfred universities are authorized to
51 provide for a procedure for the repayment of salaries withheld from
52 incumbents of positions subject to this subdivision as described in
53 subdivision one of this section, pursuant to subdivision 2-a of section
54 200 of the state finance law in lieu of the lump sum payment authorized
55 by subparagraph 3 of paragraph (a) of such subdivision, subject to the
56 approval of the state university trustees. Further, Cornell and Alfred
S. 6818 12
1 universities are authorized to provide that the salary of employees
2 newly hired on or after September 1, 1992 shall not be subject to the
3 provisions of subdivision 2-a of section 200 of the state finance law.
4 § 9. Location compensation for certain state officers and employees in
5 collective negotiating units. Notwithstanding any inconsistent
6 provisions of law, full-time annual salaried officers and employees, as
7 well as non-annual salaried seasonal officers and employees who shall
8 receive the compensation provided for pursuant to this section on a
9 prorated basis, except non-annual salaried officers and employees who
10 are not seasonal, in the collective negotiating units designated as the
11 administrative services unit, the institutional services unit, the oper-
12 ational services unit, or the division of military and naval affairs
13 unit established pursuant to article 14 of the civil service law, whose
14 principal place of employment or, in the case of a field employee, whose
15 official station as determined in accordance with the regulations of the
16 comptroller is located: (1) in the county of Monroe and who were eligi-
17 ble to receive location pay on March 31, 1985, shall receive location
18 pay at the rate of $200 per year provided they continue to be otherwise
19 eligible; (2) in the city of New York, or in the county of Rockland,
20 Westchester, Nassau or Suffolk shall, effective April 1, 2016, continue
21 to receive a downstate adjustment at the annual rate of $3,026; or (3)
22 in the county of Dutchess, Putnam or Orange shall, effective April 1,
23 2016, continue to receive a mid-Hudson adjustment at the annual rate of
24 $1,513. Such location payments shall be in addition to and shall not be
25 a part of an officer's or employee's basic annual salary, and shall not
26 affect or impair any performance advancements or other rights or bene-
27 fits to which an officer or employee may be entitled by law, provided,
28 however, that location payments shall be included as compensation for
29 purposes of computation of overtime pay and for retirement purposes.
30 For the sole purpose of continuing eligibility for location pay in
31 Monroe county, an officer or employee previously eligible to receive
32 location pay on March 31, 1985 who is on an approved leave of absence or
33 participates in an employer program to reduce to part-time service
34 during summer months shall continue to be eligible for said location pay
35 upon return to full-time state service in Monroe county.
36 § 10. Continuation of location compensation for certain officers and
37 employees of the Hudson Valley developmental disabilities services
38 office. 1. Notwithstanding any law, rule or regulation to the contrary,
39 any officer or employee of the Hudson Valley developmental disabilities
40 services office represented in the collective negotiating units desig-
41 nated as the administrative services unit, the institutional services
42 unit or the operational services unit, who is receiving location pay
43 pursuant to section 5 of chapter 174 of the laws of 1993 shall continue
44 to receive such location pay under the conditions and at the rates spec-
45 ified by such section.
46 2. Notwithstanding any law, rule or regulation to the contrary, any
47 officer or employee of the Hudson Valley developmental disabilities
48 services office represented in the collective negotiating units desig-
49 nated as the administrative services unit, the institutional services
50 negotiating unit or the operational services negotiating unit, who is
51 receiving location pay pursuant to subdivision 2 of section 9 of chapter
52 315 of the laws of 1995 shall continue to receive such location pay
53 under the conditions and at the rates specified by such subdivision.
54 3. Notwithstanding section nine of this act or any other law, rule or
55 regulation to the contrary, any officer or employee of the Hudson Valley
56 developmental disabilities services office represented in the collective
S. 6818 13
1 negotiating units designated as the administrative services unit, the
2 institutional services unit or the operational services unit, who is
3 receiving location pay pursuant to such section nine shall continue to
4 be eligible for such location pay if such officer's or employee's prin-
5 cipal place of employment is changed to a location outside of the county
6 of Rockland as the result of a reduction or redeployment of staff,
7 provided, however, that such officer or employee is reassigned to or
8 otherwise appointed or promoted to a different position at another work
9 location within the Hudson Valley developmental disabilities services
10 office located outside of the county of Rockland. The rate of such
11 continued location pay shall not exceed the rates such officer or
12 employee is receiving on the date of such reassignment, appointment or
13 promotion.
14 § 11. Notwithstanding any law, rule or regulation to the contrary,
15 certain full-time employees of the office for people with developmental
16 disabilities in the collective negotiating unit designated as the insti-
17 tutional services unit who are required to sleep over at their work site
18 shall continue to receive inconvenience pay pursuant to section 17 of
19 chapter 333 of the laws of 1969 as amended, in accordance with and
20 subject to the conditions established by the terms of a negotiated
21 agreement between the state and an employee organization representing
22 such unit and the resolution of a contract grievance bearing identifica-
23 tion number 98-04-448.
24 § 12. Additional compensation for certain employees in recognition of
25 pre-shift briefing. 1. In recognition of the general requirement for
26 full-time employees of the state in the collective negotiating unit
27 designated as the division of military and naval affairs unit, estab-
28 lished pursuant to article 14 of the civil service law, to assemble for
29 briefing prior to the commencement of duties, each such employee shall
30 continue to receive additional compensation at the rate of $60 per
31 biweekly payroll period in accordance with the terms of a collectively
32 negotiated agreement between the state and an employee organization
33 representing such employees pursuant to article 14 of the civil service
34 law. Such additional compensation shall be paid in addition to and shall
35 not be a part of the employee's basic annual salary. Notwithstanding
36 the foregoing provisions of this section, or of any other law, such
37 additional compensation as added by this section shall be in lieu of the
38 continuation of any other additional compensation for such employees
39 paid prior to June 2, 1988, in recognition of pre-shift briefing.
40 2. Notwithstanding any inconsistent provisions of law, effective April
41 1, 2016, where and to the extent that, an agreement between the state
42 and an employee organization entered into pursuant to article 14 of the
43 civil service law so provides, in recognition of the general requirement
44 that certain full-time employees of the state in the collective negoti-
45 ating unit designated as the institutional services unit, established
46 pursuant to article 14 of the civil service law, in the employ of the
47 office of children and family services, to assemble for briefing prior
48 to the commencement of duties, each such employee shall continue to
49 receive additional compensation in the amount of $4.80, or one-quarter
50 hour of their overtime rate, whichever is higher, when they are required
51 to and actually assemble for such briefing. Such additional compen-
52 sation shall be paid in addition to and shall not be a part of the
53 employee's basic annual salary.
54 § 13. Assignment to duty pay. Notwithstanding any inconsistent
55 provisions of law, effective April 1, 2016, where and to the extent
56 that, an agreement between the state and an employee organization
S. 6818 14
1 entered into pursuant to article 14 of the civil service law so
2 provides, an assignment to duty lump sum shall be paid each year to an
3 employee who is serving in a particular assignment deemed qualified
4 pursuant to such agreement. Such payment shall be in an amount negoti-
5 ated for those employees assigned to qualifying work assignments and who
6 work such assignments for the minimum periods of time in a year provided
7 in the negotiated agreement. Assignment to duty pay shall not be paid
8 in any year an employee does not meet the minimum period of time in such
9 qualifying assignment required by the agreement or upon cessation of the
10 assignment to duty program on March 30, 2021 unless an extension is
11 negotiated by the parties. Such lump sum shall be considered salary only
12 for final average salary retirement purposes.
13 § 14. Long term seasonal employees. Notwithstanding any inconsistent
14 provisions of law, effective April 1, 2016, where and to the extent
15 that, an agreement between the state and an employee organization
16 entered into pursuant to article 14 of the civil service law so
17 provides, a lump sum shall be paid each year to an employee who is serv-
18 ing in a qualifying long term seasonal position. Such payment shall be
19 in an amount negotiated and pursuant to negotiated qualifying criteria
20 and shall be considered salary only for final average salary retirement
21 purposes. Such benefit shall be available until March 30, 2021.
22 § 15. In recognition of the specific requirements for winter mainte-
23 nance activity for full-time employees of the state department of trans-
24 portation in the collective negotiating unit designated as the opera-
25 tional services unit, established pursuant to article 14 of the civil
26 service law, and to the extent the terms of a negotiated agreement
27 between the state and an employee organization representing such unit
28 entered into pursuant to article 14 of the civil service law so
29 provides, such employees shall receive payments for winter maintenance
30 shifts and call-out responses if otherwise eligible and in accordance
31 with such negotiated agreement.
32 § 16. Subdivision 2 of section 17 of chapter 333 of the laws of 1969
33 amending the civil service law and other laws relating to salary
34 increases for certain state officers and employees, as amended by
35 section 18 of part A of chapter 491 of the laws of 2011, is amended to
36 read as follows:
37 2. Any employee subject to this section who is required to work a tour
38 of duty which includes four or more hours between the hours of six p.m.
39 and six a.m., exclusive of any hours for which he or she receives over-
40 time compensation, shall be entitled to inconvenience pay for such tour
41 of duty in an amount equal to the daily rate equivalent of four hundred
42 dollars per year, unless a higher daily rate is authorized under the
43 terms of a collective negotiated agreement between the state and an
44 employee organization pursuant to article 14 of the civil service law,
45 or is authorized by the director of the budget for employees excluded
46 from negotiating rights under article 14 of the civil service law, in
47 which case such daily rate may be up to five hundred seventy-five
48 dollars per year, shall continue effective April 2, [2011] 2016. The
49 provisions of this subdivision shall apply on a prorated basis to offi-
50 cers and employees serving on a seasonal basis in the collective negoti-
51 ating units designated as the administrative services unit, the institu-
52 tional services unit, the operational services unit, and the division of
53 military and naval affairs unit, and officers and employees excluded
54 from collective negotiating units established pursuant to article 14 of
55 the civil service law.
S. 6818 15
1 § 17. Notwithstanding any inconsistent provision of law, where and to
2 the extent that any agreement between the state and an employee organ-
3 ization entered into pursuant to article 14 of the civil service law so
4 provides on behalf of employees in the collective negotiating units
5 designated as the administrative, institutional, operational services
6 negotiating units or the division of military and naval affairs negoti-
7 ating unit established pursuant to article 14 of the civil service law,
8 the state shall contribute an amount designated in such agreement and
9 for the period covered by such agreement to the accounts of such employ-
10 ees enrolled for dependent care deductions pursuant to subdivision 7 of
11 section 201-a of the state finance law. Such amounts shall be from funds
12 appropriated in this act and shall not be part of basic annual salary
13 for overtime or retirement purposes.
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 33 and 34 of the collective negotiating
18 agreement between the state and the employee organization representing
19 the collective negotiating units designated as the administrative
20 services unit, the institutional services unit, the operational services
21 unit or the division of military and naval affairs unit established
22 pursuant to article 14 of the civil service law.
23 § 19. During the period April 2, 2016 through April 1, 2021, there
24 shall be a statewide labor-management committee continued and adminis-
25 tered pursuant to the terms of the agreement negotiated between the
26 state and an employee organization representing employees in the collec-
27 tive negotiating units designated as the administrative services unit,
28 the institutional services unit, the operational services unit or the
29 division of military and naval affairs unit established pursuant to
30 article 14 of the civil service law which shall, after April 2, 2016,
31 have the responsibility of studying and making recommendations concern-
32 ing the major issues of productivity, the quality of work life and
33 implementing the agreements reached.
34 § 20. The salary increases, benefit modifications, and any other
35 modifications to terms and conditions of employment provided for by this
36 act for state employees in the collective negotiating units designated
37 as the administrative services unit, the institutional services unit,
38 the operational services unit or the division of military and naval
39 affairs unit established pursuant to article 14 of the civil service law
40 shall not be implemented until the director of employee relations shall
41 have delivered to the director of the budget and the comptroller a
42 letter certifying that there is in effect with respect to such negotiat-
43 ing units collectively negotiated agreements, ratified by the member-
44 ship, which provide for such increases and modifications.
45 § 21. Notwithstanding the provisions of any other section of this act
46 or any other provision of law to the contrary, pending payment pursuant
47 to this act of the basic annual salaries of incumbents of positions
48 subject to this act, such incumbents shall receive, as partial compen-
49 sation for services rendered, the rate of salary and other compensation
50 otherwise payable in their respective positions. An incumbent holding a
51 position subject to this act at any time during the period from April 1,
52 2016, until the time when basic annual salaries and other compensation
53 due are first paid pursuant to this act for such services in excess of
54 the salary and other compensation actually received therefor, shall be
55 entitled to a lump sum payment for the difference between the salary and
56 other compensation to which such incumbent is entitled for such services
S. 6818 16
1 and the salary and other compensation actually received pursuant to the
2 terms of an agreement between the state and the employee organization
3 representing the employees covered by this act.
4 § 22. The comptroller is authorized to pay any amounts required during
5 the fiscal year commencing April 1, 2017 by the foregoing provisions of
6 this act for any state department or agency from any appropriation or
7 other funds available to such state department or agency for personal
8 service or for other related employee benefits during such fiscal year.
9 To the extent that such appropriations in any fund are insufficient to
10 accomplish the purposes herein set forth, the director of the budget is
11 authorized to allocate to the various departments and agencies, from any
12 appropriations available in any fund, the amounts necessary to pay such
13 amounts.
14 § 23. No officer or employee participating in a special annuity
15 program pursuant to the provisions of article 8-C of the education law
16 shall, by reason of an increase in compensation pursuant to this act,
17 suffer any reduction of the salary adjustment to which he or she would
18 otherwise be entitled by reason of participation in such program, and
19 such salary adjustment shall be based upon the salary of such officer or
20 employee without regard to the reduction authorized by such article.
21 § 24. Notwithstanding any provision of the state finance law or any
22 other provision of law to the contrary, the sum of two hundred seventy-
23 five million dollars ($275,000,000) is hereby appropriated in the gener-
24 al fund/state purposes account (10050) in miscellaneous-all state
25 departments and agencies solely for apportionment/transfer by the direc-
26 tor of the budget for use by any state department or agency in any fund
27 for the fiscal year beginning April 1, 2017 through March 31, 2018 to
28 supplement appropriations for personal service, other than personal
29 service and fringe benefits, and to carry out the provisions of this
30 act. No money shall be available for expenditure from this appropriation
31 until a certificate of approval has been issued by the director of the
32 budget and a copy of such certificate or any amendment thereto has been
33 filed with the state comptroller, the chairman of the senate finance
34 committee and the chairman of the assembly ways and means committee. The
35 monies hereby appropriated are available for payment of any liabilities
36 or obligations incurred prior to or during the state fiscal year
37 commencing April 1, 2016 through March 31, 2018. For this purpose, these
38 appropriations shall remain in full force and effect for the payment of
39 liabilities incurred on or before March 31, 2018.
40 § 25. The several amounts as hereinafter set forth, or so much thereof
41 as may be necessary, are hereby appropriated from the fund so designated
42 for use by any state department or agency for the fiscal year beginning
43 April 1, 2017 through March 31, 2018 to supplement appropriations from
44 each respective fund available for personal service, other than personal
45 service and fringe benefits, and to carry out the provisions of this
46 act. The monies hereby appropriated are available for payment of any
47 liabilities or obligations incurred prior to or during the state fiscal
48 year commencing April 1, 2016 through March 31, 2018. No money shall be
49 available for expenditure from this appropriation until a certificate of
50 approval has been issued by the director of the budget and a copy of
51 such certificate or any amendment thereto has been filed with the state
52 comptroller, the chair of the senate finance committee and the chair of
53 the assembly ways and means committee.
S. 6818 17
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 Joint committee on health benefits ............. 1,815,000
7 Employee training and development ............. 14,607,000
8 Safety and health maintenance committee .......... 869,000
9 Employment security committee .................... 716,000
10 Work-Life Services ............................. 3,520,000
11 Discipline ....................................... 170,000
12 Statewide performance rating committee ............ 56,000
13 Employee Assistance Program ...................... 884,000
14 Property damage ................................... 44,000
15 Work related clothing (operational services
16 unit) ........................................ 1,460,000
17 Tool allowance (operational services unit) ....... 101,000
18 Tool insurance (operational services unit) ........ 36,000
19 Uniform allowance (institutional services
20 unit) .......................................... 563,000
21 Work related clothing (institutional
22 services unit) ................................. 105,000
23 Contract Administration .......................... 400,000
24 § 26. This act shall take effect immediately following the ratifica-
25 tion of the collective bargaining agreement entered into pursuant to
26 article 14 of the civil service law between the executive branch of the
27 state of New York and the employee organization representing members of
28 the collective negotiating units designated as the administrative
29 services unit, the institutional services unit, the operational services
30 unit and the division of military and naval affairs unit. Following such
31 ratification of the collective bargaining agreement, this act shall be
32 deemed to have been in full force and effect on and after April 2, 2016.
33 Provided that the executive shall notify the legislative bill drafting
34 commission upon the occurrence of the enactment of the legislation
35 provided for in this act in order that the commission may maintain an
36 accurate and timely effective data base of the official text of the laws
37 of the state of New York in furtherance of effectuating the provisions
38 of section 44 of the legislative law and section 70-b of the public
39 officers law. Appropriations made by this act shall remain in full
40 force and effect for liabilities incurred through March 31, 2018.
41 ------------------------------------------------------------------------
REPEAL NOTE.--Subparagraphs 1, 2, and 3 of paragraph a 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 adminis-
trative services unit, the operational services unit, the institutional
services unit and the division of military and naval affairs and are
replaced by revised salary schedules in new subparagraphs 1, 2, 3, 4 and
5.
