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S04067 Summary:

BILL NOS04067
 
SAME ASSAME AS A04542
 
SPONSORAMEDORE
 
COSPNSRTEDISCO, AVELLA, BRESLIN, MURPHY
 
MLTSPNSR
 
Rpld 130 sub 1 c sub 1, d, amd 130, Civ Serv L; rpld & add 19 sub 1, Cor L
 
Relates to the compensation, benefits and others terms and conditions of employment of certain state officers and employees; implements agreements between the state and an employee organization; relates to salaries of certain employees; and appropriates $109,000,000 therefor.
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S04067 Actions:

BILL NOS04067
 
02/02/2017REFERRED TO RULES
02/06/2017ORDERED TO THIRD READING CAL.147
02/07/2017MESSAGE OF NECESSITY - APPROPRIATION
02/07/2017PASSED SENATE
02/07/2017DELIVERED TO ASSEMBLY
02/07/2017referred to ways and means
02/14/2017substituted for a4542
02/14/2017ordered to third reading cal.57
02/14/2017message of necessity - appropriation
02/14/2017passed assembly
02/14/2017returned to senate
02/22/2017DELIVERED TO GOVERNOR
03/03/2017SIGNED CHAP.8
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S04067 Memo:

Memo not available
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S04067 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4067
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                    February 2, 2017
                                       ___________
 
        Introduced  by Sens. AMEDORE, TEDISCO -- (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, in relation to compensation,
          benefits and other terms and conditions of employment of certain state
          officers and employees; to implement agreements between the state  and
          an  employee  organization; making an appropriation for the purpose of
          effectuating  certain  provisions  thereof;  and  to  repeal   certain
          provisions  of the civil service law relating thereto (Part A); and to
          amend the civil service law and the correction  law,  in  relation  to
          salaries;  to  implement  agreements between the state and an employee
          organization; to repeal certain provisions of such laws relating ther-
          eto; and making an  appropriation  for  the  purpose  of  effectuating
          certain provisions hereof (Part B)
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act enacts into law legislation necessary to implement
     2  a collective bargaining  agreement,  to  make  changes  to  an  existing
     3  collective  bargaining agreement, and to implement changes to salary and
     4  benefits for certain state officers and employees excluded from  collec-
     5  tive negotiating units. Each component is wholly contained within a Part
     6  identified  as Parts A through B. The effective date for each particular
     7  provision contained within such Part is set forth in the last section of
     8  such Part.   Any provision in  any  section  contained  within  a  Part,
     9  including  the  effective  date  of the Part, which makes reference to a
    10  section "of this act", when used  in  connection  with  that  particular
    11  component,  shall  be  deemed  to  mean  and  refer to the corresponding
    12  section of the Part in which it is found. Section two of this  act  sets
    13  forth  the  general  severability  clause  applying to this act. Section
    14  three of this act sets forth the general effective date of this act.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12005-01-7

        S. 4067                             2
 
     1                                   PART A
 
     2                   COLLECTIVE BARGAINING AGREEMENT BETWEEN
     3                    THE STATE OF NEW YORK AND THE PUBLIC
     4                     EMPLOYEES FEDERATION FOR 2016-2019
 
     5    Section  1.  Subparagraph 1 of paragraph c of subdivision 1 of section
     6  130 of the civil service law is REPEALED and three new subparagraphs  1,
     7  2 and 3 are added to read as follows:
     8    (1)  Effective  April  seventh,  two thousand sixteen for officers and
     9  employees on the administrative  payroll  and  effective  March  thirty-
    10  first,  two  thousand sixteen for officers and employees on the institu-
    11  tional payroll:
    12                             PEF SALARY SCHEDULE
    13                       EFFECTIVE April 7, 2016 (ADMIN)
    14                       EFFECTIVE March 31, 2016 (INST)
    15                HIRING             JOB            ADVANCE         JOB RATE
    16  SG             RATE              RATE           AMOUNT          ADVANCE
    17   1            $22,407           $28,914           $930            $927
    18   2            $23,257           $30,080           $975            $973
    19   3            $24,395           $31,551         $1,023          $1,018
    20   4            $25,490           $33,021         $1,073          $1,093
    21   5            $26,697           $34,595         $1,129          $1,124
    22   6            $28,129           $36,421         $1,184          $1,188
    23   7            $29,708           $38,392         $1,233          $1,286
    24   8            $31,344           $40,417         $1,276          $1,417
    25   9            $33,090           $42,589         $1,323          $1,561
    26  10            $34,967           $44,956         $1,381          $1,703
    27  11            $36,971           $47,501         $1,471          $1,704
    28  12            $39,044           $50,019         $1,522          $1,843
    29  13            $41,317           $52,870         $1,583          $2,055
    30  14            $43,690           $55,774         $1,691          $1,938
    31  15            $46,162           $58,853         $1,753          $2,173
    32  16            $48,752           $62,050         $1,820          $2,378
    33  17            $51,488           $65,547         $1,907          $2,617
    34  18            $54,406           $69,182         $1,868          $3,568
    35  19            $57,354           $72,841         $1,946          $3,811
    36  20            $60,290           $76,484         $2,027          $4,032
    37  21            $63,487           $80,501         $2,116          $4,318
    38  22            $66,900           $84,707         $2,205          $4,577
    39  23            $70,438           $89,095         $2,296          $4,881
    40  24            $74,190           $93,659         $2,385          $5,159
    41  25            $78,283           $98,669         $2,486          $5,470
    42  26            $82,407          $101,577         $2,587          $3,648
    43  27            $86,866          $106,993         $2,724          $3,783
    44  28            $91,442          $112,307         $2,830          $3,885
    45  29            $96,235          $117,862         $2,938          $3,999
    46  30           $101,264          $123,647         $3,047          $4,101
    47  31           $106,661          $129,843         $3,161          $4,216
    48  32           $112,332          $136,259         $3,267          $4,325
    49  33           $118,442          $143,122         $3,375          $4,430
    50  34           $124,751          $150,251         $3,492          $4,548
    51  35           $131,219          $157,505         $3,604          $4,662
    52  36           $137,814          $164,967         $3,728          $4,785
    53  37           $145,047          $173,012         $3,844          $4,901
    54  38           $135,322

        S. 4067                             3
 
     1    (2) Effective April sixth, two thousand  seventeen  for  officers  and
     2  employees  on  the administrative payroll and effective March thirtieth,
     3  two thousand seventeen for officers and employees on  the  institutional
     4  payroll:
 
     5                             PEF SALARY SCHEDULE
     6                       EFFECTIVE April 6, 2017 (ADMIN)
     7                       EFFECTIVE March 30, 2017 (INST)
 
     8                HIRING            JOB             ADVANCE         JOB RATE
     9  SG             RATE             RATE            AMOUNT          ADVANCE

    10  1           $22,855           $29,494           $949            $945
    11  2           $23,722           $30,685           $994            $999
    12  3           $24,883           $32,180           $1,043          $1,039
    13  4           $26,000           $33,679           $1,094          $1,115
    14  5           $27,231           $35,286           $1,152          $1,143
    15  6           $28,692           $37,150           $1,208          $1,210
    16  7           $30,302           $39,160           $1,257          $1,316
    17  8           $31,971           $41,227           $1,302          $1,444
    18  9           $33,752           $43,443           $1,349          $1,597
    19  10          $35,666           $45,857           $1,409          $1,737
    20  11          $37,710           $48,451           $1,501          $1,735
    21  12          $39,825           $51,021           $1,552          $1,884
    22  13          $42,143           $53,927           $1,614          $2,100
    23  14          $44,564           $56,888           $1,725          $1,974
    24  15          $47,085           $60,028           $1,788          $2,215
    25  16          $49,727           $63,293           $1,857          $2,424
    26  17          $52,518           $66,855           $1,945          $2,667
    27  18          $55,494           $70,566           $1,906          $3,636
    28  19          $58,501           $74,301           $1,985          $3,890
    29  20          $61,496           $78,014           $2,068          $4,110
    30  21          $64,757           $82,113           $2,159          $4,402
    31  22          $68,238           $86,398           $2,249          $4,666
    32  23          $71,847           $90,876           $2,342          $4,977
    33  24          $75,674           $95,534           $2,432          $5,268
    34  25          $79,849           $100,645          $2,536          $5,580
    35  26          $84,055           $103,609          $2,639          $3,720
    36  27          $88,603           $109,133          $2,779          $3,856
    37  28          $93,271           $114,553          $2,886          $3,966
    38  29          $98,160           $120,219          $2,997          $4,077
    39  30          $103,289          $126,120          $3,108          $4,183
    40  31          $108,794          $132,440          $3,224          $4,302
    41  32          $114,579          $138,984          $3,332          $4,413
    42  33          $120,811          $145,984          $3,442          $4,521
    43  34          $127,246          $153,256          $3,562          $4,638
    44  35          $133,843          $160,655          $3,676          $4,756
    45  36          $140,570          $168,266          $3,802          $4,884
    46  37          $147,948          $176,472          $3,921          $4,998
    47  38          $138,028
 
    48    (3) Effective April fifth, two thousand eighteen for officers and
    49  employees on the administrative payroll and effective March twenty-ninth,
    50  two thousand eighteen for officers and employees on the institutional
    51  payroll:

        S. 4067                             4
 
     1                             PEF SALARY SCHEDULE
     2                       EFFECTIVE April 5, 2018 (ADMIN)
     3                       EFFECTIVE March 29, 2018 (INST)
 
     4              HIRING            JOB               ADVANCE         JOB RATE
     5  SG          RATE              RATE              AMOUNT          ADVANCE
 
     6  1           $23,312           $30,083           $968            $963
     7  2           $24,196           $31,299           $1,014          $1,019
     8  3           $25,381           $32,826           $1,064          $1,061
     9  4           $26,520           $34,355           $1,116          $1,139
    10  5           $27,776           $35,995           $1,175          $1,169
    11  6           $29,266           $37,891           $1,232          $1,233
    12  7           $30,908           $39,941           $1,283          $1,335
    13  8           $32,610           $42,051           $1,328          $1,473
    14  9           $34,427           $44,311           $1,376          $1,628
    15  10          $36,379           $46,772           $1,437          $1,771
    16  11          $38,464           $49,417           $1,531          $1,767
    17  12          $40,622           $52,039           $1,583          $1,919
    18  13          $42,986           $55,008           $1,647          $2,140
    19  14          $45,455           $58,028           $1,759          $2,019
    20  15          $48,027           $61,229           $1,824          $2,258
    21  16          $50,722           $64,557           $1,894          $2,471
    22  17          $53,568           $68,192           $1,984          $2,720
    23  18          $56,604           $71,980           $1,944          $3,712
    24  19          $59,671           $75,785           $2,024          $3,970
    25  20          $62,726           $79,577           $2,109          $4,197
    26  21          $66,052           $83,752           $2,202          $4,488
    27  22          $69,603           $88,124           $2,294          $4,757
    28  23          $73,284           $92,693           $2,389          $5,075
    29  24          $77,187           $97,448           $2,481          $5,375
    30  25          $81,446           $102,661          $2,587          $5,693
    31  26          $85,736           $105,681          $2,692          $3,793
    32  27          $90,375           $111,316          $2,834          $3,937
    33  28          $95,136           $116,844          $2,944          $4,044
    34  29          $100,123          $122,623          $3,057          $4,158
    35  30          $105,355          $128,642          $3,170          $4,267
    36  31          $110,970          $135,089          $3,288          $4,391
    37  32          $116,871          $141,764          $3,399          $4,499
    38  33          $123,227          $148,904          $3,511          $4,611
    39  34          $129,791          $156,321          $3,633          $4,732
    40  35          $136,520          $163,868          $3,750          $4,848
    41  36          $143,381          $171,631          $3,879          $4,976
    42  37          $150,907          $180,001          $3,999          $5,100
    43  38          $140,789
    44    §  2. Compensation for certain state officers and employees in collec-
    45  tive negotiating units. 1.  The provisions of this section  shall  apply
    46  to  annual-salaried officers and employees in the collective negotiating
    47  unit designated as the professional, scientific and  technical  services
    48  unit established pursuant to article 14 of the civil service law.
    49    2.  Effective April 7, 2016 for officers and employees on the adminis-
    50  trative payroll and effective March 31, 2016 for officers and  employees
    51  on  the  institutional  payroll, the basic annual salary of officers and
    52  employees in full-time employment status on the day before such  payroll
    53  period  shall  be increased by two percent adjusted to the nearest whole
    54  dollar amount.

        S. 4067                             5
 
     1    3. Effective April 6, 2017 for officers and employees on the  adminis-
     2  trative  payroll and effective March 30, 2017 for officers and employees
     3  on the institutional payroll, the basic annual salary  of  officers  and
     4  employees  in full-time employment status on the day before such payroll
     5  period  shall  be increased by two percent adjusted to the nearest whole
     6  dollar amount.
     7    4. Effective April 5, 2018 for officers and employees on the  adminis-
     8  trative  payroll and effective March 29, 2018 for officers and employees
     9  on the institutional payroll, the basic annual salary  of  officers  and
    10  employees  in full-time employment status on the day before such payroll
    11  period shall be increased by two percent adjusted to the  nearest  whole
    12  dollar amount.
    13    5.  Notwithstanding the provisions of subdivisions two, three and four
    14  of this section, if the basic annual salary of an officer or employee to
    15  whom the provisions of this section apply is identical with  the  hiring
    16  rate  or  the job rate of the salary grade of his or her position on the
    17  effective dates of the increases provided in  these  subdivisions,  such
    18  basic  annual  salary shall be increased to the hiring rate or job rate,
    19  respectively, of such salary grade as contained in the appropriate sala-
    20  ry schedules in subparagraphs 1, 2 and 3 of paragraph c of subdivision 1
    21  of section 130 of the civil service law, as added by section one of this
    22  act, to take effect on the dates provided in such subparagraphs.  Except
    23  as herein provided to the contrary, the increases in basic annual salary
    24  provided  by  this subdivision shall be in lieu of any increase in basic
    25  annual salary provided for in subdivisions two, three and four  of  this
    26  section.
    27    6. Payments pursuant to the provisions of subdivision 6 of section 131
    28  of  the  civil  service  law  for annual salaried officers and employees
    29  entitled to such payments to whom the provisions of this  section  apply
    30  shall  be  payable  in accordance with the terms of an agreement reached
    31  pursuant to article 14 of the civil service law between the state and an
    32  employee organization representing employees subject to  the  provisions
    33  of this section.
    34    7.  If  an  unencumbered position is one which if encumbered, would be
    35  subject to the provisions of this section, the salary of  such  position
    36  shall  be  increased  by  the  salary increase amounts specified in this
    37  section. If a position is created, and filled by the appointment  of  an
    38  officer  or  employee  who is subject to the provisions of this section,
    39  the salary otherwise provided for such position shall  be  increased  in
    40  the  same manner as though such position had been in existence but unen-
    41  cumbered.  Notwithstanding the provisions of this section, the  director
    42  of  the  budget  may  reduce the salary of any such position which is or
    43  becomes vacant.
    44    8. The increases in salary provided in  subdivisions  two,  three  and
    45  four  of  this  section  shall apply on a prorated basis to officers and
    46  employees, otherwise eligible to receive an increase in salary, who  are
    47  paid on an hourly or per diem basis, employees serving on a part-time or
    48  seasonal  basis, and employees paid on any basis other than at an annual
    49  salary rate.  Notwithstanding the foregoing, the provisions of  subdivi-
    50  sions  five, six and thirteen of this section shall not apply to employ-
    51  ees serving on a per diem or seasonal basis, except as determined by the
    52  director of the budget.
    53    9. In order to provide for the officers and  employees  to  whom  this
    54  section  applies but are not allocated to salary grades, but are paid on
    55  an annual basis, increases and payments pursuant to subdivisions six and
    56  thirteen of this section in proportion to those provided to  persons  to

        S. 4067                             6
 
     1  whom this section applies who are allocated to salary grades, the direc-
     2  tor  of  the  budget is authorized to add appropriate adjustments and/or
     3  payments to the compensation  which  such  officers  and  employees  are
     4  otherwise  entitled  to  receive. The director of the budget shall issue
     5  certificates which shall contain schedules of positions and the salaries
     6  and/or payments thereof for which adjustments and/or payments  are  made
     7  pursuant  to the provisions of this subdivision, and a copy of each such
     8  certificate shall be filed with the state comptroller, the department of
     9  civil service, the chair of the senate finance committee and  the  chair
    10  of the assembly ways and means committee.
    11    10.   Notwithstanding   any  other  provision  of  this  section,  the
    12  provisions of this section shall not apply to officers or employees paid
    13  on a fee schedule basis, provided however, that the increases  in  basic
    14  annual  salary  provided for in subdivisions two, three and four of this
    15  section shall apply to fire instructors paid on  a  fee  schedule  basis
    16  employed by the division of homeland security and emergency services.
    17    11. Notwithstanding any other provision of this section, except subdi-
    18  vision  one,  any  increase  in compensation for any officer or employee
    19  appointed to a lower graded position from a redeployment  list  pursuant
    20  to subdivision 1 of section 79 of the civil service law who continues to
    21  receive  his  or her former salary pursuant to such subdivision shall be
    22  determined on the basis of such lower graded position provided, however,
    23  that the increase in salary provided in this  section  shall  not  cause
    24  such officer's or employee's salary to exceed the job rate of such lower
    25  graded position.
    26    12.  Notwithstanding any other provision of this section or any law to
    27  the contrary, any increase in compensation may be withheld in  whole  or
    28  in  part  from  any  employee to whom the provisions of this section are
    29  applicable when, in the opinion of the director of the  budget  and  the
    30  director of employee relations, such increase is not warranted or is not
    31  appropriate for any reason.
    32    13. Notwithstanding any law, rule or regulation to the contrary, offi-
    33  cers  and  employees  to whom the provisions of this section apply shall
    34  receive performance awards in accordance with the terms of a collective-
    35  ly negotiated agreement between the state and the employee  organization
    36  representing  such  employees entered into pursuant to article 14 of the
    37  civil service law, effective for the period commencing April 2, 2016 and
    38  ending April 1, 2019, in  accordance  with  the  rules  and  regulations
    39  issued  by the director of the budget to implement payment of such nego-
    40  tiated performance awards.
    41    § 3. Location compensation for certain state officers  and  employees.
    42  Notwithstanding any inconsistent provisions of law, officers and employ-
    43  ees,  including  seasonal  officers  and employees who shall receive the
    44  compensation provided for pursuant to this section on a pro-rated  basis
    45  except  part-time  officers and employees, in the collective negotiating
    46  unit designated as the professional, scientific and  technical  services
    47  unit  established pursuant to article 14 of the civil service law, whose
    48  principal place of employment or, in the case of a field employee, whose
    49  official station as determined in accordance with the regulations of the
    50  comptroller, is located: (a) in the county of Monroe and who were eligi-
    51  ble to receive location pay on March 31, 1985,  shall  receive  location
    52  pay  at  the rate of two hundred dollars per year provided they continue
    53  to be otherwise eligible; or (b) in the city of  New  York,  or  in  the
    54  county  of  Rockland,  Westchester,  Nassau or Suffolk shall continue to
    55  receive a downstate adjustment at the  annual  rate  of  three  thousand
    56  twenty-six  dollars  effective  April  1,  2011; or (c) in the county of

        S. 4067                             7
 
     1  Dutchess, Putnam or  Orange  shall  continue  to  receive  a  mid-Hudson
     2  adjustment  at  the  annual  rate  of one thousand five hundred thirteen
     3  dollars effective April 1, 2011.   Such location payments  shall  be  in
     4  addition  to and shall not be a part of an officer's or employee's basic
     5  annual salary, and shall not affect or impair any  performance  advance-
     6  ments or other rights or benefits to which an officer or employee may be
     7  entitled  by  law,  provided,  however,  that location payments shall be
     8  included as compensation for purposes of computation of overtime pay and
     9  for retirement purposes. For the sole purpose of continuing  eligibility
    10  for  location  pay  in  Monroe county, an officer or employee previously
    11  eligible to receive location pay on March 31, 1985 who is on an approved
    12  leave of absence or participates in an employer  program  to  reduce  to
    13  part-time service during summer months shall continue to be eligible for
    14  said location pay upon return to full-time state service in Monroe coun-
    15  ty.
    16    §  4.  Continuation  of location compensation for certain officers and
    17  employees of  the  Hudson  Valley  developmental  disabilities  services
    18  office.  1. Notwithstanding any law, rule or regulation to the contrary,
    19  any officer or employee of the Hudson Valley developmental  disabilities
    20  services  office  represented  in the collective negotiating unit desig-
    21  nated as the professional, scientific and technical services  unit,  who
    22  is  receiving  location  pay pursuant to section 5 of chapter 174 of the
    23  laws of 1993 shall continue to  receive  such  location  pay  under  the
    24  conditions and at the rate specified by such section.
    25    2.  Notwithstanding  any  law, rule or regulation to the contrary, any
    26  officer or employee of  the  Hudson  Valley  developmental  disabilities
    27  services  office  represented  in the collective negotiating unit desig-
    28  nated as the professional, scientific and technical services  unit,  who
    29  is  receiving  location  pay  pursuant  to subdivision 2 of section 9 of
    30  chapter 315 of the laws of 1995 shall continue to receive such  location
    31  pay under the conditions and at the rates specified by such subdivision.
    32    3. Notwithstanding section three of this act or any other law, rule or
    33  regulation to the contrary, any officer or employee of the Hudson Valley
    34  developmental disabilities services office represented in the collective
    35  negotiating  unit designated as the professional, scientific and techni-
    36  cal services unit, who is receiving location  pay  pursuant  to  section
    37  three of this act shall continue to be eligible for such location pay if
    38  as  the  result of a reduction or redeployment of staff, such officer or
    39  employee is reassigned to  or  otherwise  appointed  or  promoted  to  a
    40  different  position  at  another  work location within the Hudson Valley
    41  developmental disabilities services office. The rate of  such  continued
    42  location  pay  shall  not  exceed  the  rate such officer or employee is
    43  receiving on the date of such reassignment, appointment or promotion.
    44    § 5. Special assignment to duty pay. Notwithstanding any  inconsistent
    45  provisions  of  law,  effective  April  2, 2016, where and to the extent
    46  that, an agreement  between  the  state  and  an  employee  organization
    47  entered  into  pursuant  to  article  14  of  the  civil  service law so
    48  provides, a special assignment to duty lump sum shall be paid each  year
    49  to  an  employee who is serving in a particular assignment deemed quali-
    50  fied pursuant to such agreement. Such payment  shall  be  in  an  amount
    51  negotiated  for  those employees assigned to qualifying work assignments
    52  and who work such assignments for the minimum periods of time in a  year
    53  provided  in  the negotiated agreement. Assignment to duty pay shall not
    54  be paid in any year an employee does not meet the minimum period of time
    55  in such qualifying assignment required by the agreement or  upon  cessa-
    56  tion of the assignment to duty program on April 1, 2019 unless an exten-

        S. 4067                             8

     1  sion  is  negotiated  by  the parties. Such lump sum shall be considered
     2  salary only for final average salary retirement purposes.
     3    §  6.  Long  term seasonal employees. Notwithstanding any inconsistent
     4  provisions of law, effective April 2, 2016,  where  and  to  the  extent
     5  that,  an  agreement  between  the  state  and  an employee organization
     6  entered into pursuant  to  article  14  of  the  civil  service  law  so
     7  provides, a lump sum shall be paid each year to an employee who is serv-
     8  ing  in  a qualifying long term seasonal position. Such payment shall be
     9  in an amount negotiated and pursuant to negotiated  qualifying  criteria
    10  and  shall be considered salary only for final average salary retirement
    11  purposes. Such benefit shall be available until March 31, 2019.
    12    § 7. Notwithstanding any inconsistent provisions of law, where and  to
    13  the extent that an agreement between the state and an employee organiza-
    14  tion  entered  into  pursuant  to article 14 of the civil service law so
    15  provides on behalf of  employees  in  the  collective  negotiating  unit
    16  designated  as  the professional, scientific and technical services unit
    17  established pursuant to article 14 of the civil service law,  the  state
    18  shall  contribute  an  amount  designated  in such agreement and for the
    19  period covered by such agreement  to  the  accounts  of  such  employees
    20  enrolled  for  dependent  care  deductions  pursuant to subdivision 7 of
    21  section 201-a of the state finance law. Such amounts shall be from funds
    22  appropriated in this act and shall not be part of  basic  annual  salary
    23  for overtime or retirement purposes.
    24    §  8. Notwithstanding any provision of law to the contrary, the appro-
    25  priations contained in this act shall be available to the state for  the
    26  payment  and  publication  of  grievance and arbitration settlements and
    27  awards pursuant to articles 33 and  34  of  the  collective  negotiating
    28  agreement  between  the state and the employee organization representing
    29  the collective negotiating unit designated as the  professional,  scien-
    30  tific  and technical services unit established pursuant to article 14 of
    31  the civil service law.
    32    § 9. During the period April 2, 2016  through  April  1,  2019,  there
    33  shall  be  a statewide labor-management committee continued and adminis-
    34  tered pursuant to the terms of  the  agreement  negotiated  between  the
    35  state and an employee organization representing employees in the collec-
    36  tive  negotiating  unit  designated  as the professional, scientific and
    37  technical services unit established pursuant to article 14 of the  civil
    38  service  law which shall after April 2, 2016, have the responsibility of
    39  studying, making recommendations concerning the major issues of  produc-
    40  tivity,  the  quality  of  work  life  and  implementing  the agreements
    41  reached.
    42    § 10. Inconvenience pay program. Pursuant to chapter 333 of  the  laws
    43  of  1969,  as amended, and an agreement negotiated between the state and
    44  an employee organization representing  employees  in  the  professional,
    45  scientific  and  technical services unit established pursuant to article
    46  14 of the civil service law, an eligible employee shall continue  to  be
    47  paid five hundred seventy-five dollars per year for working four or more
    48  hours  between  the  hours of 6:00 p.m. and 6:00 a.m. effective April 2,
    49  2011.
    50    § 11. Notwithstanding any provision of law to the contrary,  effective
    51  April  2,  2016,  where  and to the extent that an agreement between the
    52  state and an employee organization so provides for a program  concerning
    53  a  firearms  training  and  safety  incentive  for peace officers in the
    54  professional, scientific and technical services bargaining unit, a  lump
    55  sum  payment  for  such  incentive  shall  be paid for each year of such
    56  program to any employee who is deemed qualified pursuant to such  agree-

        S. 4067                             9
 
     1  ment.  Such payment shall be in an amount negotiated for those employees
     2  who meet criteria established by such program. Such payment shall  occur
     3  at  the time prescribed by such program or as soon as practicable there-
     4  after.  Such  lump sum payment shall not be paid in any year an employee
     5  does not meet the qualifications and criteria of such  program  or  upon
     6  cessation  of such program on April 1, 2019 unless an extension is nego-
     7  tiated by the parties. Such lump sum payment shall be considered  salary
     8  for overtime purposes.
     9    §  12. Notwithstanding any provision of law to the contrary, effective
    10  April 2, 2016, where and to the extent that  an  agreement  between  the
    11  state  and  an employee organization entered into pursuant to article 14
    12  of the civil service law so provides on behalf of certain  employees  in
    13  the  collective  negotiating unit designated as the professional, scien-
    14  tific and technical services unit,  and  where  there  exists  a  policy
    15  requiring  employees  in  the fire protection specialist title series at
    16  the office of fire prevention and control to wear uniforms, a  lump  sum
    17  uniform  allowance shall be paid to covered employees in accordance with
    18  the terms of such agreement and policy.  Such payments shall  be  in  an
    19  amount  negotiated  for  covered  employees and shall not be paid in any
    20  year where a policy does not exist requiring uniforms in accordance with
    21  the terms of the agreement or where an employee is not required to  wear
    22  a uniform or receives a regular uniform service.  Such uniform allowance
    23  will  cease to exist on April 1, 2019, unless an extension is negotiated
    24  by the parties. Such lump sum shall be considered salary only for  final
    25  average salary purposes.
    26    §  13.  The salary increases and benefit modifications provided for by
    27  this act for state employees in the collective negotiating  unit  desig-
    28  nated as the professional, scientific and technical services unit estab-
    29  lished  pursuant  to  article  14  of the civil service law shall not be
    30  implemented until the director of employee relations shall  have  deliv-
    31  ered to the director of the budget and the comptroller a letter certify-
    32  ing  that  there  is  in  effect with respect to such negotiating unit a
    33  collectively negotiated agreement, ratified  by  the  membership,  which
    34  provides  for  such  increases  and  modifications  and  which are fully
    35  executed in writing with the state pursuant to article 14 of  the  civil
    36  service law.
    37    §  14.  Date  of  entitlement to salary increases. Notwithstanding the
    38  provisions of this act or of any other provision of law to the contrary,
    39  the increases in salary or compensation to employees  provided  by  this
    40  act  shall  be  added to the salary of such employee at the beginning of
    41  that payroll period, the first day of which is nearest to the  effective
    42  dates  of such increases as provided in this act, or at the beginning of
    43  the earlier of two payroll periods, the first days of which are  nearest
    44  but equally near to the effective dates of such increases as provided in
    45  this  act;  provided, however, that, for the purposes of determining the
    46  salary  of  such  unit  members  upon  reclassification,   reallocation,
    47  appointment,  promotion,  transfer,  demotion,  reinstatement,  or other
    48  change of status, such salary increases shall be deemed to be  effective
    49  on  the  dates  thereof  as prescribed by this act, with payment thereof
    50  pursuant to this section on a date prior thereto,  instead  of  on  such
    51  effective  dates,  and shall not operate to confer any additional salary
    52  rights or benefits on  such  unit  members.    Payment  of  such  salary
    53  increases may be deferred pursuant to section fifteen of this act.
    54    §  15.  Deferred  payment  of  salary  increase.  Notwithstanding  the
    55  provisions of any other section of this act or any  other  provision  of
    56  law  to  the contrary, pending payment pursuant to this act of the basic

        S. 4067                            10
 
     1  annual salaries of incumbents of positions subject  to  this  act,  such
     2  incumbents shall receive, as partial compensation for services rendered,
     3  the  rate  of  salary  and other compensation otherwise payable in their
     4  respective  positions.  An  incumbent holding a position subject to this
     5  act at any time during the period from April 1,  2016,  until  the  time
     6  when  basic  annual  salaries  and other compensation due are first paid
     7  pursuant to this act for such services in excess of the salary and other
     8  compensation actually received therefor, shall be entitled to a lump sum
     9  payment for the difference between the salary and other compensation  to
    10  which  such  incumbent  is entitled for such services and the salary and
    11  other compensation actually received pursuant to the terms of an  agree-
    12  ment  between  the  state and the employee organization representing the
    13  employees covered by this act.
    14    § 16. Use of appropriations. The comptroller is authorized to pay  any
    15  amounts required during the fiscal year commencing April 1, 2016 through
    16  March  31,  2018  by  the foregoing provisions of this act for any state
    17  department or agency from any appropriation or other funds available  to
    18  such  state  department  or  agency  for  personal  service or for other
    19  related employee benefits during such fiscal year. To  the  extent  that
    20  such  appropriations  in  any  fund  are  insufficient to accomplish the
    21  purposes herein set forth, the director of the budget is  authorized  to
    22  allocate  to  the  various  departments and agencies, from any appropri-
    23  ations available in any fund, the amounts necessary to pay such amounts.
    24    § 17. Effect of participation in special annuity program.  No  officer
    25  or  employee  participating in a special annuity program pursuant to the
    26  provisions of article 8-C of the education law shall, by  reason  of  an
    27  increase  in  compensation pursuant to this act, suffer any reduction of
    28  the salary adjustment to which he or she would otherwise be entitled  by
    29  reason  of  participation  in  such  program, and such salary adjustment
    30  shall be based upon the salary  of  such  officer  or  employee  without
    31  regard to the reduction authorized by such article.
    32    §  18.  Notwithstanding  any provision of the state finance law or any
    33  other provision of law to the contrary, the sum of three  hundred  twen-
    34  ty-seven  million  dollars  ($327,000,000) is hereby appropriated in the
    35  general fund/state purposes account (10050) in  miscellaneous-all  state
    36  departments and agencies solely for apportionment/transfer by the direc-
    37  tor  of the budget for use by any state department or agency in any fund
    38  for the fiscal year beginning April 1, 2016 through March  31,  2018  to
    39  supplement  appropriations  for  personal  service,  other than personal
    40  service and fringe benefits, and to carry out  the  provisions  of  this
    41  act.  The  monies  hereby  appropriated are available for payment of any
    42  liabilities or obligations incurred prior to or during the state  fiscal
    43  year  commencing April 1, 2016 through March 31, 2018. For this purpose,
    44  these appropriations shall remain in  full  force  and  effect  for  the
    45  payment of liabilities incurred on or before March 31, 2018.
    46    § 19. The several amounts as hereinafter set forth, or so much thereof
    47  as  may be necessary, are hereby appropriated for the fiscal year begin-
    48  ning April 1, 2016 through March 31, 2018 to  supplement  appropriations
    49  available  for  personal service, other than personal service and fringe
    50  benefits, and to carry out the provisions of  this  act.  Moreover,  the
    51  amounts     appropriated     as     nonpersonal     service    may    be
    52  suballocated/transferred to any state department or  agency  as  needed.
    53  The  monies hereby appropriated are available for payment of any liabil-
    54  ities or obligations incurred prior to or during the state  fiscal  year
    55  commencing April 1, 2016 through March 31, 2018. For this purpose, these

        S. 4067                            11

     1  appropriations  shall remain in full force and effect for the payment of
     2  liabilities incurred on or before March 31, 2018.
 
     3             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
     4                         LABOR MANAGEMENT COMMITTEES
     5                          STATE OPERATIONS 2016-17
 
     6    General Fund / State Operations
     7    State Purposes Account - 10050
 
     8  Professional, Scientific and Technical Services Unit
 
     9  Professional   development  and  quality  of
    10    working life committee ......................... 723,000
    11  Health and Safety ................................ 938,000
    12  PSPT Program ................................... 7,675,000
    13  Joint Funded Programs .......................... 1,337,000
    14  Multi-Funded Programs .......................... 1,309,000
    15  Professional Development for Nurses .............. 682,000
    16  Property Damage ................................... 29,000
    17  Work-Life Services ............................. 3,151,000
    18  Joint Committee on Health Benefits ............... 682,000
    19  Contract Administration ........................... 50,000
 
    20    § 20. This act shall take effect immediately and shall  be  deemed  to
    21  have been in full force and effect on and after April 2, 2016. Appropri-
    22  ations  made  by  this  act  shall  remain  in full force and effect for
    23  liabilities incurred through March 31, 2018.
          REPEAL NOTE.--Subparagraph 1  of  paragraph  c  of  subdivision  1  of
        section  130  of  the civil service law, repealed by section one of this
        act, provided a salary schedule for state employees in the professional,
        scientific and technical services unit and is replaced by revised salary
        schedules in new subparagraphs 1, 2 and 3.
 
    24                                   PART B
 
    25                   SALARIES AND BENEFITS FOR CERTAIN STATE
    26                    OFFICERS AND EMPLOYEES EXCLUDED FROM
    27                 COLLECTIVE NEGOTIATING UNITS FOR 2016-2019
 
    28    Section 1. Paragraph d of subdivision 1 of section 130  of  the  civil
    29  service  law  is  REPEALED  and  a  new  paragraph d is added to read as
    30  follows:
    31    d. Salary grades for positions in the competitive, non-competitive and
    32  labor classes of the classified service of the state of New York  desig-
    33  nated  managerial  or  confidential pursuant to article fourteen of this
    34  chapter, civilian state employees of the division of military and  naval
    35  affairs  of  the executive department whose positions are not in, or are
    36  excluded from representation rights  in,  any  recognized  or  certified
    37  negotiating  unit,  and  those excluded from representation rights under
    38  article fourteen of this chapter pursuant to rules or regulations of the
    39  public employment relations board shall be as follows on  the  effective
    40  dates indicated:
    41    (1) Effective April first, two thousand sixteen:
 
    42                 GRADE          HIRING RATE         JOB RATE

        S. 4067                            12
 
     1                 M/C 3            $24,894            $31,824
     2                 M/C 4            $25,993            $33,269
     3                 M/C 5            $27,552            $34,883
     4                 M/C 6            $28,721            $36,672
     5                 M/C 7            $30,378            $38,657
     6                 M/C 8            $32,044            $40,649
     7                 M/C 9            $33,875            $42,812
     8                 M/C 10           $35,701            $45,188
     9                 M/C 11           $37,866            $47,696
    10                 M/C 12           $39,864            $50,198
    11                 M/C 13           $42,184            $52,987
    12                 M/C 14           $44,690            $55,902
    13                 M/C 15           $47,177            $58,920
    14                 M/C 16           $49,836            $62,063
    15                 M/C 17           $52,663            $65,485
    16                 M/C 18           $52,943            $65,697
    17                 M/C 19           $55,782            $69,113
    18                 M/C 20           $58,626            $72,579
    19                 M/C 21           $61,788            $76,328
    20                 M/C 22           $65,109            $80,337
    21                 M/C 23           $68,446            $85,516
    22                 M 1              $73,878            $93,384
    23                 M 2              $81,934            $103,567
    24                 M 3              $90,935            $114,913
    25                 M 4              $100,577           $126,926
    26                 M 5              $111,677           $141,095
    27                 M 6              $123,648           $155,526
    28                 M 7              $136,294           $168,799
    29                 M 8              $114,915+
 
    30    (2) Effective April first, two thousand seventeen:
 
    31  GRADE          HIRING RATE    JOB RATE
    32  M/C 3          $25,900        $33,110
    33  M/C 4          $27,043        $34,613
    34  M/C 5          $28,665        $36,292
    35  M/C 6          $29,881        $38,154
    36  M/C 7          $31,605        $40,219
    37  M/C 8          $33,339        $42,291
    38  M/C 9          $35,244        $44,542
    39  M/C 10         $37,143        $47,014
    40  M/C 11         $39,396        $49,623
    41  M/C 12         $41,475        $52,226
    42  M/C 13         $43,888        $55,128
    43  M/C 14         $46,495        $58,160
    44  M/C 15         $49,083        $61,300
    45  M/C 16         $51,849        $64,570
    46  M/C 17         $54,791        $68,131
    47  M/C 18         $55,082        $68,351
    48  M/C 19         $58,036        $71,905
    49  M/C 20         $60,994        $75,511
    50  M/C 21         $64,284        $79,412
    51  M/C 22         $67,739        $83,583
    52  M/C 23         $71,211        $88,971
    53  M 1            $76,863        $97,157
    54  M 2            $85,244        $107,751

        S. 4067                            13
 
     1  M 3            $94,609        $119,555
     2  M 4            $104,640       $132,054
     3  M 5            $116,189       $146,795
     4  M 6            $128,643       $161,809
     5  M 7            $141,800       $175,618
     6  M 8            $119,558+
 
     7    (3) Effective April first, two thousand eighteen:
 
     8  GRADE          HIRING RATE    JOB RATE
     9  M/C 3          $26,682        $34,110
    10  M/C 4          $27,860        $35,658
    11  M/C 5          $29,531        $37,388
    12  M/C 6          $30,783        $39,306
    13  M/C 7          $32,559        $41,434
    14  M/C 8          $34,346        $43,568
    15  M/C 9          $36,308        $45,887
    16  M/C 10         $38,265        $48,434
    17  M/C 11         $40,586        $51,122
    18  M/C 12         $42,728        $53,803
    19  M/C 13         $45,213        $56,793
    20  M/C 14         $47,899        $59,916
    21  M/C 15         $50,565        $63,151
    22  M/C 16         $53,415        $66,520
    23  M/C 17         $56,446        $70,189
    24  M/C 18         $56,745        $70,415
    25  M/C 19         $59,789        $74,077
    26  M/C 20         $62,836        $77,791
    27  M/C 21         $66,225        $81,810
    28  M/C 22         $69,785        $86,107
    29  M/C 23         $73,362        $91,658
    30  M 1            $79,184        $100,091
    31  M 2            $87,818        $111,005
    32  M 3            $97,466        $123,166
    33  M 4            $107,800       $136,042
    34  M 5            $119,698       $151,228
    35  M 6            $132,528       $166,696
    36  M 7            $146,082       $180,922
    37  M 8            $123,169+
 
    38    § 2. Subdivision 1 of section 19 of the correction law is REPEALED and
    39  a new subdivision 1 is added to read as follows:
    40    1.  This  section shall apply to each superintendent of a correctional
    41  facility appointed on or after August ninth, nineteen  hundred  seventy-
    42  five  and  any  superintendent  heretofore  appointed  who  elects to be
    43  covered by the provisions thereof  by  filing  such  election  with  the
    44  commissioner.
    45    a.  The salary schedule for superintendents of a correctional facility
    46  with an inmate population capacity of four hundred or more inmates shall
    47  be as follows:
    48    Effective April first, two thousand sixteen:
    49    Hiring Rate                Job Rate
    50    $116,937                   $159,580
    51    Effective April first, two thousand seventeen:
    52    Hiring Rate                Job Rate
    53    $121,661                   $166,027

        S. 4067                            14
 
     1    Effective April first, two thousand eighteen:
     2    Hiring Rate                Job Rate
     3    $125,335                   $171,041
     4    b.  The salary schedule for superintendents of correctional facilities
     5  with an inmate population capacity of fewer than  four  hundred  inmates
     6  shall be as follows:
     7    Effective April first, two thousand sixteen:
     8    Hiring Rate                Job Rate 
     9    $90,935                    $114,914 
    10    Effective April first, two thousand seventeen:
    11    Hiring Rate                Job Rate 
    12    $94,609                    $119,557 
    13    Effective April first, two thousand eighteen:
    14    Hiring Rate                Job Rate 
    15    $97,466                    $123,168
    16    §  3.  Compensation  for  certain state officers and employees. 1. The
    17  provisions of this section shall apply to the following  annual-salaried
    18  state officers and employees: (a) officers and employees whose positions
    19  are  designated managerial or confidential pursuant to article 14 of the
    20  civil service law; (b) civilian state employees of the division of mili-
    21  tary and naval affairs in the executive department whose  positions  are
    22  not in, or are excluded from representation rights in, any recognized or
    23  certified  negotiating  unit;  (c)  officers and employees excluded from
    24  representation rights under article 14 of the civil service law pursuant
    25  to rules or regulations of the public employment  relations  board;  and
    26  (d)  officers  and employees whose salaries are prescribed by section 19
    27  of the correction law.
    28    2. For such officers  and  employees  the  following  increases  shall
    29  apply:  (a) Effective April 1, 2016, the basic annual salary of officers
    30  and employees to whom the provisions of this subdivision apply shall  be
    31  increased  by two percent (general salary increase for 2016, pursuant to
    32  this chapter) adjusted to the nearest whole dollar amount.
    33    (b) Effective April 1, 2017, the basic annual salary of  officers  and
    34  employees  to  whom  the  provisions  of this subdivision apply shall be
    35  increased by four percent, consisting of two percent  (pursuant  to  the
    36  parity  pay  increase  provided  by  part H of chapter 55 of the laws of
    37  2015) and two percent (general salary increase  for  2017,  pursuant  to
    38  this chapter), adjusted to the nearest whole dollar amount.
    39    (c)  Effective  April 1, 2018, the basic annual salary of officers and
    40  employees to whom the provisions of  this  subdivision  apply  shall  be
    41  increased  by  three  percent consisting of one percent (pursuant to the
    42  parity pay increase provided by part H of chapter  55  of  the  laws  of
    43  2015)  and  two  percent  (general salary increase for 2018, pursuant to
    44  this chapter) adjusted to the nearest whole dollar amount.
    45    3. If an unencumbered position is one that, if  encumbered,  would  be
    46  subject  to  the provisions of this section, the salary of such position
    47  shall be increased by the salary  increase  amounts  specified  in  this
    48  section. If a position is created and is filled by the appointment of an
    49  officer  or  employee  who is subject to the provisions of this section,
    50  the salary otherwise provided for such position shall  be  increased  in
    51  the  same manner as though such position had been in existence but unen-
    52  cumbered.
    53    4. The increases in salary payable  pursuant  to  this  section  shall
    54  apply  on  a  prorated basis in accordance with guidelines issued by the
    55  director of the budget to officers and employees otherwise  eligible  to
    56  receive  an  increase  in salary pursuant to this act who are paid on an

        S. 4067                            15
 
     1  hourly or per diem basis, employees serving on a part-time  or  seasonal
     2  basis,  and  employees  paid on any basis other than at an annual salary
     3  rate.
     4    5.  Notwithstanding  any  of the foregoing provisions of this section,
     5  the provisions of this section shall not apply to the  following  except
     6  as  otherwise  provided  by law: (a) officers or employees paid on a fee
     7  schedule basis; (b) officers or employees whose salaries are  prescribed
     8  by  section 40, 60, or 169 of the executive law; (c) officers or employ-
     9  ees in collective negotiating units established pursuant to  article  14
    10  of the civil service law.
    11    6. Officers and employees to whom the provisions of this section apply
    12  who  are incumbents of positions that are not allocated to salary grades
    13  specified in paragraph d of subdivision 1 of section 130  of  the  civil
    14  service  law  and  whose  salary  is not prescribed in any other statute
    15  shall receive the salary increases specified in subdivision two of  this
    16  section.
    17    7.  In  order  to  provide for the officers and employees to whom this
    18  section applies who are  not  allocated  to  salary  grades  performance
    19  advancements, merit awards, longevity payments and in lieu payments, and
    20  special achievement awards in proportion to those provided to persons to
    21  whom this section applies who are allocated to salary grades, the direc-
    22  tor  of  the  budget is authorized to add appropriate adjustments to the
    23  compensation that such officers and employees are otherwise entitled  to
    24  receive.  The director of the budget shall issue certificates that shall
    25  contain schedules of positions and the salaries or payments thereof  for
    26  which  adjustments  or  payments  are made pursuant to the provisions of
    27  this subdivision, and a copy of each such  certificate  shall  be  filed
    28  with  the state comptroller, the department of civil service, the chair-
    29  man of the senate finance committee and the  chairman  of  the  assembly
    30  ways and means committee.
    31    8.  Notwithstanding  any  of the foregoing provisions of this section,
    32  any increase in compensation for any officer or employee appointed to  a
    33  lower graded position from a redeployment list pursuant to subdivision 1
    34  of  section  79 of the civil service law who continues to receive his or
    35  her former salary pursuant to such subdivision shall  be  determined  on
    36  the  basis  of  such  lower  graded position provided, however, that the
    37  increases in salary provided in subdivision two of  this  section  shall
    38  not  cause such officer's or employee's salary to exceed the job rate of
    39  any such lower graded position at salary grade.
    40    9. Notwithstanding any of the foregoing provisions of this section  or
    41  of  any  law  to the contrary, the director of the budget may reduce the
    42  salary of any position which is vacant or which becomes vacant, so  long
    43  as  the  position,  if encumbered, would be subject to the provisions of
    44  this section. The director of the budget does  not  need  to  provide  a
    45  reason for such reduction.
    46    §  4.  Compensation  for  certain  state officers and employees in the
    47  division of state police. 1.  The provisions of this section shall apply
    48  to officers and employees whose salaries are provided for  by  paragraph
    49  (a) of subdivision 1 of section 215 of the executive law.
    50    2.  (a)  Effective  April 1, 2016, the basic annual salary of officers
    51  and employees to whom the provisions of this subdivision apply shall  be
    52  increased  by two percent (general salary increase for 2016, pursuant to
    53  this chapter) adjusted to the nearest whole dollar amount.
    54    (b) Effective April 1, 2017, the basic annual salary of  officers  and
    55  employees  to  whom  the  provisions  of this subdivision apply shall be
    56  increased by four percent, consisting of two percent  (pursuant  to  the

        S. 4067                            16
 
     1  parity  pay  increase  provided  by  part H of chapter 55 of the laws of
     2  2015) and two percent (general salary increase  for  2017,  pursuant  to
     3  this chapter), adjusted to the nearest whole dollar amount.
     4    (c)  Effective  April 1, 2018, the basic annual salary of officers and
     5  employees to whom the provisions of  this  subdivision  apply  shall  be
     6  increased  by  three percent, consisting of one percent (pursuant to the
     7  parity pay increase provided by part H of chapter  55  of  the  laws  of
     8  2015)  and  two  percent  (general salary increase for 2018, pursuant to
     9  this chapter), adjusted to the nearest whole dollar amount.
    10    3. The increases in salary payable  pursuant  to  this  section  shall
    11  apply  on  a  prorated basis in accordance with guidelines issued by the
    12  director of the budget to officers and employees otherwise  eligible  to
    13  receive  an  increase  in salary pursuant to this act who are paid on an
    14  hourly or per diem basis, employees serving on a part-time  or  seasonal
    15  basis,  and  employees  paid on any basis other than at an annual salary
    16  rate.
    17    4. Notwithstanding any of the foregoing provisions  of  this  section,
    18  any  increase in compensation for any officer or employee appointed to a
    19  lower graded position from a redeployment list pursuant to subdivision 1
    20  of section 79 of the civil service law who continues to receive  his  or
    21  her  former  salary  pursuant to such subdivision shall be determined on
    22  the basis of such lower graded  position  provided,  however,  that  the
    23  increases  in  salary  provided in subdivision two of this section shall
    24  not cause such officer's or employee's salary to exceed the job rate  of
    25  any such lower graded position at salary grade.
    26    §  5. Compensation for certain state employees in the state university
    27  and certain employees of contract colleges at Cornell and Alfred univer-
    28  sities. 1. Effective April 1, 2016, April 1, 2017 and April 1, 2018, the
    29  basic annual salary of  incumbents  of  positions  in  the  professional
    30  service  in  the  state  university  that are designated, stipulated, or
    31  excluded from negotiating units as managerial or confidential as defined
    32  pursuant to article 14 of the civil service law, may be increased pursu-
    33  ant to plans approved by the state university trustees.  Such  increases
    34  in  basic  annual  salary  rates  shall  not exceed in the aggregate two
    35  percent (general salary increase for 2016, pursuant to this chapter)  of
    36  the  total  basic  annual salary rates in effect on March 31, 2016, four
    37  percent, consisting of two percent (pursuant to the parity pay  increase
    38  provided  by  part  H of chapter 55 of the laws of 2015) and two percent
    39  (general salary increase for 2017, pursuant to  this  chapter),  of  the
    40  total  basic  annual  salary rates in effect on March 31, 2017 and three
    41  percent, consisting of one percent (pursuant to the parity pay  increase
    42  provided  by  part  H of chapter 55 of the laws of 2015) and two percent
    43  (general salary increase for 2018, pursuant to  this  chapter),  of  the
    44  total basic annual salary rates in effect on March 31, 2018.
    45    2. Effective April 1, 2016, April 1, 2017 and April 1, 2018, the basic
    46  annual  salary  of incumbents of positions in the institutions under the
    47  management and control of Cornell and Alfred universities  as  represen-
    48  tatives  of  the  board of trustees of the state university that, in the
    49  opinion of the director of employee relations, would be designated mana-
    50  gerial or confidential were they subject to  article  14  of  the  civil
    51  service  law  may  be  increased pursuant to plans approved by the state
    52  university trustees. Such increases in basic annual salary  rates  shall
    53  not  exceed  in  the  aggregate two percent (general salary increase for
    54  2016, pursuant to this chapter) of the total basic annual  salary  rates
    55  in  effect  March  31,  2016,  four  percent,  consisting of two percent
    56  (pursuant to the parity pay increase provided by part H of chapter 55 of

        S. 4067                            17
 
     1  the laws of 2015) and two percent (general  salary  increase  for  2017,
     2  pursuant  to  this  chapter),  of the total basic annual salary rates in
     3  effect on March 31, 2017 and three percent, consisting  of  one  percent
     4  (pursuant to the parity pay increase provided by part H of chapter 55 of
     5  the  laws  of  2015)  and two percent (general salary increase for 2018,
     6  pursuant to this chapter), of the total basic  annual  salary  rates  in
     7  effect on March 31, 2018.
     8    3.  During  the period April 1, 2016 through March 31, 2019, the basic
     9  annual salary of incumbents of positions in the non-professional service
    10  that, in the opinion of the director of  employee  relations,  would  be
    11  designated managerial or confidential were they subject to article 14 of
    12  the civil service law, except those positions in the Cornell service and
    13  maintenance  unit that are subject to the terms of a collective bargain-
    14  ing agreement between Cornell university and the  employee  organization
    15  representing  employees  in such positions and except those positions in
    16  the Alfred service and maintenance unit that are subject to the terms of
    17  a collective bargaining agreement  between  Alfred  university  and  the
    18  employee  organization  representing  employees  in  such  positions, in
    19  institutions under the management and  control  of  Cornell  and  Alfred
    20  universities  as  representatives  of the board of trustees of the state
    21  university may be increased pursuant to  plans  approved  by  the  state
    22  university  trustees.  Such plans may include new salary schedules which
    23  shall supersede the salary schedules then in effect applicable  to  such
    24  employees.  Such plans shall provide for increases in basic annual sala-
    25  ries, which, exclusive of  performance  advancement  payments  or  merit
    26  recognition  payments,  shall  not  exceed  in the aggregate two percent
    27  (general salary increase for 2016, pursuant  to  this  chapter)  of  the
    28  total  basic  annual  salary  rates  in  effect  on March 31, 2016, four
    29  percent, consisting of two percent (pursuant to the parity pay  increase
    30  provided  by  part  H of chapter 55 of the laws of 2015) and two percent
    31  (general salary increase for 2017, pursuant to  this  chapter),  of  the
    32  total  basic  annual  salary rates in effect on March 31, 2017 and three
    33  percent, consisting of one percent (pursuant to the parity pay  increase
    34  provided  by  part  H of chapter 55 of the laws of 2015) and two percent
    35  (general salary increase for 2018, pursuant to  this  chapter),  of  the
    36  total basic annual salary rates in effect on March 31, 2018.
    37    4.  For  the  purposes  of this section, the basic annual salary of an
    38  employee is that salary that is obtained through direct appropriation of
    39  state moneys for the purpose of paying wages. Nothing in this part shall
    40  prevent increasing amounts paid to incumbents of such positions  in  the
    41  professional  service  in addition to the basic annual salary, provided,
    42  however, that the amounts required for such increase  and  the  cost  of
    43  fringe  benefits  attributable  to  such  increase, as determined by the
    44  comptroller, are made available to the  state  in  accordance  with  the
    45  procedures established by the state university, with the approval of the
    46  director of the budget, for such purposes.
    47    5.  Notwithstanding any of the foregoing provisions of this section or
    48  any law to the contrary, any increase in compensation may be withheld in
    49  whole or in part from any employee to whom the provision of this section
    50  apply pursuant to section fourteen of this act.
    51    § 6. Location compensation for certain state officers and employees.
    52    1. This section shall apply to all  full-time  annual  salaried  state
    53  officers  and  employees and non-annual salaried seasonal state officers
    54  and employees except the following:
    55    (a) officers and employees  of  the  legislature  and  the  judiciary,
    56  including  officers and employees of boards, bodies and commissions that

        S. 4067                            18
 
     1  are deemed to be part of the legislature or judiciary for  the  purposes
     2  of section 49 of the state finance law;
     3    (b)  officers and employees whose salaries are prescribed by or deter-
     4  mined in accordance with section 40, 60, 169, 215 or 216 of  the  execu-
     5  tive law;
     6    (c)  incumbents  of  allocated or unallocated positions in the profes-
     7  sional service in the state university and  in  institutions  under  the
     8  management  and  control of Cornell and Alfred universities as represen-
     9  tatives of the board of trustees of the state university;
    10    (d) officers and employees who are in recognized or certified  collec-
    11  tive negotiating units pursuant to article 14 of the civil service law.
    12    2.  Notwithstanding the provisions of section 15 of chapter 333 of the
    13  laws of 1969, as amended, officers and employees subject to this section
    14  whose principal place of employment or, in the case of field  employees,
    15  whose  official station as determined in accordance with the regulations
    16  of the comptroller is located: (a) in the county of Monroe and who  were
    17  eligible  to  receive  location  pay  on  March  31, 1985, shall receive
    18  location pay at the rate of two hundred dollars per year  provided  they
    19  continue to be otherwise eligible.
    20    (b)  in  the city of New York, or in the county of Rockland, Westches-
    21  ter, Nassau, or Suffolk shall continue to receive a downstate adjustment
    22  at the rate of three thousand twenty-six dollars  effective  October  1,
    23  2008.
    24    (c)  in  the  county  of Dutchess, Orange, or Putnam shall continue to
    25  receive a mid-Hudson adjustment at the rate of one thousand five hundred
    26  thirteen dollars effective October 1, 2008. Such location payments shall
    27  be in addition to and shall not be a part of an employee's basic  annual
    28  salary,  and shall not affect or impair any advancements or other rights
    29  or benefits to which an employee  may  be  entitled  by  law,  provided,
    30  however,  that  location  payments shall be included as compensation for
    31  purposes of computation of overtime pay  and  for  retirement  purposes.
    32  For  the  sole  purpose  of  continuing  eligibility for location pay in
    33  Monroe county, an employee previously eligible to receive  location  pay
    34  on March 31, 1985 who is on an approved leave of absence or participates
    35  in  an  employer  program  to  reduce to part-time service during summer
    36  months shall continue to be eligible for said location pay  upon  return
    37  to full-time state service in Monroe county.
    38    §  7.  Continuation  of location compensation for certain officers and
    39  employees of  the  Hudson  Valley  developmental  disabilities  services
    40  office.  1. Notwithstanding any law, rule or regulation to the contrary,
    41  any officer or employee of the Hudson Valley developmental  disabilities
    42  services  office  not represented in collective negotiating units estab-
    43  lished pursuant to article 14 of the civil service law who is  receiving
    44  location  pay  pursuant  to section 5 of chapter 174 of the laws of 1993
    45  shall continue to receive such location pay under the conditions and  at
    46  the rates specified by such section.
    47    2. Notwithstanding section seven of this act or any other law, rule or
    48  regulation to the contrary, any officer or employee of the Hudson Valley
    49  developmental disabilities services office not represented in collective
    50  negotiating  units  established  pursuant  to  article  14  of the civil
    51  service law who is receiving location pay pursuant to said section seven
    52  of this act shall continue to be eligible for such location pay if  such
    53  officer's  or  employee's  principal place of employment is changed to a
    54  location outside of the county of Rockland as the result of a  reduction
    55  or  redeployment  of  staff,  provided,  however,  that  such officer or
    56  employee is reassigned to  or  otherwise  appointed  or  promoted  to  a

        S. 4067                            19
 
     1  different  position  at  another work location within such Hudson Valley
     2  developmental disabilities services office located outside of the county
     3  of Rockland. The rate of such continued location pay  shall  not  exceed
     4  the rate such officer or employee is receiving on the date of such reas-
     5  signment, appointment, or promotion.
     6    §  8.  Overtime meal allowance. Notwithstanding any other provision of
     7  law to the contrary, individuals in positions in the classified  service
     8  of  the state of New York designated managerial or confidential pursuant
     9  to article 14 of the civil  service  law,  shall  continue  to  receive,
    10  effective  April  1,  2011,  an overtime meal allowance in the amount of
    11  $5.50 pursuant to eligibility guidelines developed by  the  director  of
    12  employee relations.
    13    §  9. Notwithstanding any provision of law to the contrary, the appro-
    14  priations contained in this act shall be available to the state for  the
    15  payment  of grievance settlements and awards pursuant to executive order
    16  42, dated October 14, 1970, and title 9, part 560, official  compilation
    17  of codes, rules and regulations of the state of New York.
    18    §  10. Use of appropriations. The comptroller is authorized to pay any
    19  amounts required during  the  fiscal  years  commencing  April  1,  2016
    20  through  March  31, 2018 by the foregoing provisions of this act for any
    21  state department or agency from any appropriation or other funds  avail-
    22  able  to  such  state  department  or agency for personal service or for
    23  other related employee benefits during such fiscal year. To  the  extent
    24  that  such appropriations in any fund are insufficient to accomplish the
    25  purposes herein set forth, the director of the budget is  authorized  to
    26  allocate  to  the  various  departments and agencies, from any appropri-
    27  ations available in any fund, the amounts necessary to pay such amounts.
    28    § 11. Effect of participation in special annuity program.  No  officer
    29  or  employee  participating in a special annuity program pursuant to the
    30  provision of article 8-C of the education law shall,  by  reason  of  an
    31  increase  in  compensation pursuant to this act, suffer any reduction of
    32  the salary adjustment to which that employee would otherwise be entitled
    33  by reason of participation in such program, and such  salary  adjustment
    34  shall  be  based  upon  the  salary  of such officer or employee without
    35  regard to the reduction authorized by such article.
    36    § 12. Date of entitlement to  salary  increases.  Notwithstanding  the
    37  provisions  of  this act or of any other law, the increases in salary or
    38  compensation of any officer or employee provided by this  act  shall  be
    39  added  to  the salary or compensation of such officer or employee at the
    40  beginning of that payroll period the first day of which  is  nearest  to
    41  the  effective date of such increases as provided in this act, or at the
    42  beginning of the earlier of two payroll periods the first days of  which
    43  are nearest but equally near to the effective dates of such increases as
    44  provided in this act, provided, however, that for the purposes of deter-
    45  mining  the  salary  of  such officer or employee upon reclassification,
    46  reallocation, appointment, promotion, transfer, demotion,  reinstatement
    47  or  other  change of status, such salary increases shall be deemed to be
    48  effective on the date thereof as prescribed in this act, and the payment
    49  thereof pursuant to this section on a date prior thereto, instead of  on
    50  such  effective  date, shall not operate to confer any additional salary
    51  rights or benefits on such officer or employee.  Payment of such  salary
    52  increases may be deferred pursuant to section thirteen of this act.
    53    §  13.  Deferred  payment  of  salary  increase.  Notwithstanding  the
    54  provisions of any other section of this act or any  other  provision  of
    55  law  to  the contrary, pending payment pursuant to this act of the basic
    56  annual salaries of incumbents of positions subject  to  this  act,  such

        S. 4067                            20
 
     1  incumbents shall receive, as partial compensation for services rendered,
     2  the  rate  of  salary  and other compensation otherwise payable in their
     3  respective positions. An incumbent holding a position  subject  to  this
     4  act  at  any  time  during the period from April 1, 2016, until the time
     5  when basic annual salaries and other compensation  due  are  first  paid
     6  pursuant to this act for such services in excess of the salary and other
     7  compensation actually received therefor, shall be entitled to a lump sum
     8  payment  for the difference between the salary and other compensation to
     9  which such incumbent is entitled for such services and  the  salary  and
    10  other compensation actually received.
    11    §  14.  1. Notwithstanding the provisions of any other section of this
    12  act or any other provision of law  to  the  contrary,  any  increase  in
    13  compensation  provided:  (a)  in  this  act,  or  (b)  as  a result of a
    14  promotion, appointment, or advancement to a position in a higher  salary
    15  grade,  or (c) pursuant to paragraph (c) of subdivision 6 of section 131
    16  of the civil service law, or (d) pursuant to paragraph (b)  of  subdivi-
    17  sion 8 of section 130 of the civil service law, or (e) pursuant to para-
    18  graph  (a)  of subdivision 3 of section 13 of chapter 732 of the laws of
    19  1988, as amended, may be withheld in whole or in part from  any  officer
    20  or  employee  when,  in  the opinion of the director of the budget, such
    21  withholding is necessary to reflect the job performance of such  officer
    22  or employee, or to maintain appropriate salary relationships among offi-
    23  cers  or  employees  of  the  state,  or to reduce state expenditures to
    24  acceptable levels or when, in the opinion of the director of the budget,
    25  such increase is not warranted or is not appropriate.  Nothing  in  this
    26  act  shall  alter  the authority of the director of budget to withhold a
    27  parity pay increase in accordance with the authority for such action  as
    28  granted  the  director  of budget by part H of chapter 55 of the laws of
    29  2015. However, the obligation to provide notice of denial of a  full  or
    30  partial  parity  payment, and the right to contest such denial, pursuant
    31  to paragraph d of subdivision 5 of section 3 of part H of chapter 55  of
    32  the  laws  of  2015  shall  continue  with  respect  to  the  parity pay
    33  increases, referenced in this act, that were originally enacted pursuant
    34  to part H of chapter 55 of the laws of 2015.  As a result of an exercise
    35  of the director's authority under this act, or part H of chapter  55  of
    36  the  laws  of  2015,  to withhold any increase, such salary schedules as
    37  defined in section one of this act shall be implemented and/or  modified
    38  by  the  director  of  the  budget,  as  necessary,  consistent with the
    39  provision or withholding of such increases pursuant to this section.
    40    2. Notwithstanding the provisions of any other section  of  this  act,
    41  the  salary  increases provided for in this act shall not be implemented
    42  until the director of the budget delivers notice to the comptroller that
    43  such amounts may be paid.
    44    § 15. Notwithstanding any provision of the state finance  law  or  any
    45  other  provision  of  law  to  the contrary, the sum of one hundred nine
    46  million dollars ($109,000,000) is hereby  appropriated  in  the  general
    47  fund/state  purposes  account (10050) in miscellaneous-all state depart-
    48  ments and agencies solely for apportionment/transfer by the director  of
    49  the budget for use by any state department or agency in any fund for the
    50  fiscal year beginning April 1, 2016 through March 31, 2018 to supplement
    51  appropriations  for  personal  service,  other than personal service and
    52  fringe benefits, and to carry out the provisions of this act.  No  money
    53  shall  be  available  for  expenditure  from  this appropriation until a
    54  certificate of approval has been issued by the director  of  the  budget
    55  and  a  copy of such certificate or any amendment thereto has been filed
    56  with the state comptroller, the chairman of the senate finance committee

        S. 4067                            21
 
     1  and the chairman of the assembly ways and means committee.   The  monies
     2  hereby  appropriated  are  available  for  payment of any liabilities or
     3  obligations incurred prior to or during the state fiscal year commencing
     4  April 1, 2016 through March 31, 2018.  For this purpose, these appropri-
     5  ations  shall remain in full force and effect for the payment of liabil-
     6  ities incurred on or before March 31, 2018.
     7    § 16. The several amounts as hereinafter set forth, or so much thereof
     8  as may be necessary, are hereby appropriated from the fund so designated
     9  for use by any state department or agency for the fiscal year  beginning
    10  April  1,  2016 through March 31, 2018 to supplement appropriations from
    11  each respective fund available for personal service, other than personal
    12  service and fringe benefits, and to carry out  the  provisions  of  this
    13  act. No money shall be available for expenditure from this appropriation
    14  until  a  certificate of approval has been issued by the director of the
    15  budget and a copy of such certificate or any amendment thereto has  been
    16  filed  with  the  state  comptroller, the chairman of the senate finance
    17  committee and the chairman of the assembly ways and means committee.
 
    18                     ALL STATE DEPARTMENTS AND AGENCIES
    19                              SPECIAL PAY BILLS
 
    20    General Fund / State Operations
    21    State Purposes Account - 003
 
    22               Nonpersonal Service
 
    23  Family benefits .................... 310,000
    24  Medical flexible spending account .. 500,000
    25  Pre-tax transportation benefit ..... 550,000
    26  Employee Training and  Profes-
    27    sional Development ............. 1,018,000
    28  Uniform allowance .................. 245,000
    29  Tuition reimbursement .............. 250,000
    30  M/C share of negotiated programs ... 570,000
 
    31    §  17.  This  act shall take effect immediately and shall be deemed to
    32  have been in full force and effect on and after April 1, 2016. Appropri-
    33  ations made by this act shall  remain  in  full  force  and  effect  for
    34  liabilities incurred through March 31, 2018.
          REPEAL NOTE.--Paragraph d of subdivision 1 of section 130 of the civil
        service law, repealed by section one of this act, provided salary sched-
        ules for state employees designated managerial and confidential pursuant
        to article 14 of the civil service law and is replaced by revised salary
        schedules in a new paragraph d.
          REPEAL  NOTE.--Subdivision  1  of  section  19  of the correction law,
        repealed by section two of  this  act,  provided  salary  schedules  for
        superintendents  of  correctional  facilities and is replaced by revised
        salary schedules in a new subdivision 1.
    35    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
    36  sion, section or part contained  in  any  part  of  this  act  shall  be
    37  adjudged  by  any  court  of  competent jurisdiction to be invalid, such
    38  judgment shall not affect, impair, or invalidate the remainder  thereof,
    39  but  shall  be  confined in its operation to the clause, sentence, para-
    40  graph, subdivision, section  or  part  contained  in  any  part  thereof
    41  directly involved in the controversy which such judgment shall have been
    42  rendered. It is hereby declared to be the intent of the legislature that

        S. 4067                            22
 
     1  this act would have been enacted even if such invalid provisions had not
     2  been included herein.
     3    §  3.  This  act shall take effect immediately provided, however, that
     4  the applicable effective date for Parts A through B of this act shall be
     5  as specifically set forth in the last section of such Part.
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