Bill Text: NY A07766 | 2023-2024 | General Assembly | Introduced
Bill Title: Implements agreements between the state and an employee organization relating to compensation, benefits and other terms and conditions of employment of certain state officers and employees; makes an appropriation therefor (Part A); provides for the salaries of certain state officers and employees excluded from collective negotiating units; makes an appropriation therefor (Part B).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2023-06-09 - substituted by s7576 [A07766 Detail]
Download: New_York-2023-A07766-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7766 2023-2024 Regular Sessions IN ASSEMBLY June 7, 2023 ___________ Introduced by M. of A. PHEFFER AMATO -- (at request of the Governor) -- read once and referred to the Committee on Ways and Means 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; and to repeal certain provisions of the civil service law relating thereto; and making an appropriation for the purpose of effectuating certain provisions therefor (Part A); to amend the civil service law and the correction law, in relation to salaries of certain state officers and employees excluded from collec- tive negotiating units; to repeal certain provisions of the civil service law and the correction law relating thereto; and making an appropriation for the purpose of effectuating certain provisions therefor (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 and to implement changes to salary and 3 benefits for certain state officers and employees excluded from collec- 4 tive negotiating units. Each component is wholly contained within a 5 Part identified as Parts A through B. The effective date for each 6 particular provision contained within such Part is set forth in the last 7 section of such Part. Any provision in any section contained within a 8 Part, including the effective date of the Part, which makes reference to 9 a section "of this act", when used in connection with that particular 10 component, shall be deemed to mean and refer to the corresponding 11 section of the Part in which it is found. Section two of this act sets 12 forth the general severability clause applicable to this act. Section 13 three of this act sets forth the general effective date of this act. 14 PART A EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12014-03-3A. 7766 2 1 Section 1. Subparagraphs 1, 2, 3 and 4 of paragraph c of subdivision 2 1 of section 130 of the civil service law are REPEALED and three new 3 subparagraphs 1, 2 and 3 are added to read as follows: 4 (1) Effective March thirtieth, two thousand twenty-three for officers 5 and employees on the administrative payroll and effective April sixth, 6 two thousand twenty-three for officers and employees on the institu- 7 tional payroll: 8 PS&T SALARY SCHEDULE 9 EFFECTIVE March 30, 2023 (ADMIN) 10 EFFECTIVE April 6, 2023 (INST) 11 HIRING JOB ADVANCE JOB RATE 12 SG RATE RATE AMOUNT ADVANCE 13 1 $25,991 $33,537 $1,079 $1,072 14 2 $26,977 $34,894 $1,131 $1,131 15 3 $28,298 $36,595 $1,186 $1,181 16 4 $29,567 $38,300 $1,244 $1,269 17 5 $30,969 $40,127 $1,309 $1,304 18 6 $32,628 $42,251 $1,374 $1,379 19 7 $34,460 $44,531 $1,430 $1,491 20 8 $36,357 $46,886 $1,481 $1,643 21 9 $38,383 $49,405 $1,535 $1,812 22 10 $40,559 $52,146 $1,603 $1,969 23 11 $42,883 $55,093 $1,707 $1,968 24 12 $45,289 $58,016 $1,765 $2,137 25 13 $47,925 $61,330 $1,836 $2,389 26 14 $50,678 $64,693 $1,961 $2,249 27 15 $53,546 $68,269 $2,034 $2,519 28 16 $56,550 $71,979 $2,112 $2,757 29 17 $59,724 $76,029 $2,212 $3,033 30 18 $63,108 $80,248 $2,167 $4,138 31 19 $66,527 $84,496 $2,257 $4,427 32 20 $69,934 $88,721 $2,352 $4,675 33 21 $73,641 $93,374 $2,455 $5,003 34 22 $77,600 $98,252 $2,557 $5,310 35 23 $81,705 $103,350 $2,663 $5,667 36 24 $86,057 $108,638 $2,766 $5,985 37 25 $90,806 $114,444 $2,884 $6,334 38 26 $95,588 $117,825 $3,001 $4,231 39 27 $100,761 $124,107 $3,159 $4,392 40 28 $106,068 $130,270 $3,282 $4,510 41 29 $111,627 $136,714 $3,408 $4,639 42 30 $117,460 $143,423 $3,534 $4,759 43 31 $123,721 $150,612 $3,666 $4,895 44 32 $130,299 $158,054 $3,789 $5,021 45 33 $137,387 $166,013 $3,914 $5,142 46 34 $144,706 $174,283 $4,050 $5,277 47 35 $152,207 $182,697 $4,180 $5,410 48 36 $159,856 $191,352 $4,324 $5,552 49 37 $168,247 $200,683 $4,459 $5,682 50 38 $156,967 51 (2) Effective March twenty-eighth, two thousand twenty-four for offi- 52 cers and employees on the administrative payroll and effective April 53 fourth, two thousand twenty-four for officers and employees on the 54 institutional payroll:A. 7766 3 1 PS&T SALARY SCHEDULE 2 EFFECTIVE March 28, 2024 (ADMIN) 3 EFFECTIVE April 4, 2024 (INST) 4 HIRING JOB ADVANCE JOB RATE 5 SG RATE RATE AMOUNT ADVANCE 6 1 $26,771 $34,540 $1,112 $1,097 7 2 $27,786 $35,942 $1,165 $1,166 8 3 $29,147 $37,692 $1,222 $1,213 9 4 $30,454 $39,450 $1,282 $1,304 10 5 $31,898 $41,328 $1,349 $1,336 11 6 $33,607 $43,521 $1,415 $1,424 12 7 $35,494 $45,864 $1,473 $1,532 13 8 $37,448 $48,294 $1,525 $1,696 14 9 $39,534 $50,884 $1,581 $1,864 15 10 $41,776 $53,708 $1,651 $2,026 16 11 $44,169 $56,743 $1,758 $2,026 17 12 $46,648 $59,757 $1,818 $2,201 18 13 $49,363 $63,169 $1,891 $2,460 19 14 $52,198 $66,634 $2,020 $2,316 20 15 $55,152 $70,317 $2,095 $2,595 21 16 $58,247 $74,135 $2,175 $2,838 22 17 $61,516 $78,307 $2,278 $3,123 23 18 $65,001 $82,656 $2,232 $4,263 24 19 $68,523 $87,032 $2,325 $4,559 25 20 $72,032 $91,381 $2,422 $4,817 26 21 $75,850 $96,173 $2,528 $5,155 27 22 $79,928 $101,197 $2,634 $5,465 28 23 $84,156 $106,454 $2,743 $5,840 29 24 $88,639 $111,897 $2,849 $6,164 30 25 $93,530 $117,875 $2,970 $6,525 31 26 $98,456 $121,360 $3,091 $4,358 32 27 $103,784 $127,830 $3,254 $4,522 33 28 $109,250 $134,178 $3,380 $4,648 34 29 $114,976 $140,815 $3,510 $4,779 35 30 $120,984 $147,726 $3,640 $4,902 36 31 $127,433 $155,130 $3,776 $5,041 37 32 $134,208 $162,796 $3,903 $5,170 38 33 $141,509 $170,993 $4,032 $5,292 39 34 $149,047 $179,511 $4,171 $5,438 40 35 $156,773 $188,178 $4,306 $5,569 41 36 $164,652 $197,093 $4,454 $5,717 42 37 $173,294 $206,703 $4,593 $5,851 43 38 $161,676 44 (3) Effective March twenty-seventh, two thousand twenty-five for offi- 45 cers and employees on the administrative payroll and effective April 46 third, two thousand twenty-five for officers and employees on the insti- 47 tutional payroll: 48 PS&T SALARY SCHEDULE 49 EFFECTIVE March 27, 2025 (ADMIN) 50 EFFECTIVE April 3, 2025 (INST) 51 HIRING JOB ADVANCE JOB RATE 52 SG RATE RATE AMOUNT ADVANCE 53 1 $27,574 $35,574 $1,145 $1,130A. 7766 4 1 2 $28,620 $37,022 $1,200 $1,202 2 3 $30,021 $38,823 $1,259 $1,248 3 4 $31,368 $40,635 $1,320 $1,347 4 5 $32,855 $42,565 $1,389 $1,376 5 6 $34,615 $44,828 $1,457 $1,471 6 7 $36,559 $47,237 $1,517 $1,576 7 8 $38,571 $49,743 $1,571 $1,746 8 9 $40,720 $52,413 $1,628 $1,925 9 10 $43,029 $55,322 $1,700 $2,093 10 11 $45,494 $58,447 $1,811 $2,087 11 12 $48,047 $61,548 $1,873 $2,263 12 13 $50,844 $65,061 $1,947 $2,535 13 14 $53,764 $68,630 $2,081 $2,380 14 15 $56,807 $72,429 $2,157 $2,680 15 16 $59,994 $76,359 $2,240 $2,925 16 17 $63,361 $80,655 $2,347 $3,212 17 18 $66,951 $85,138 $2,299 $4,393 18 19 $70,579 $89,645 $2,394 $4,702 19 20 $74,193 $94,121 $2,495 $4,958 20 21 $78,126 $99,056 $2,604 $5,306 21 22 $82,326 $104,230 $2,713 $5,626 22 23 $86,681 $109,650 $2,825 $6,019 23 24 $91,298 $115,252 $2,934 $6,350 24 25 $96,336 $121,413 $3,060 $6,717 25 26 $101,410 $125,001 $3,184 $4,487 26 27 $106,898 $131,665 $3,352 $4,655 27 28 $112,528 $138,203 $3,482 $4,783 28 29 $118,425 $145,039 $3,616 $4,918 29 30 $124,614 $152,158 $3,749 $5,050 30 31 $131,256 $159,784 $3,889 $5,194 31 32 $138,234 $167,680 $4,020 $5,326 32 33 $145,754 $176,123 $4,153 $5,451 33 34 $153,518 $184,896 $4,296 $5,602 34 35 $161,476 $193,823 $4,435 $5,737 35 36 $169,592 $203,006 $4,588 $5,886 36 37 $178,493 $212,904 $4,730 $6,031 37 38 $166,526 38 § 2. Notwithstanding any law to the contrary, there shall be a dental 39 allowance consistent with the terms of the agreement between the employ- 40 ee organization representing members of the professional, scientific and 41 technical services unit. Such allowance shall not be added to base sala- 42 ry and shall not be pensionable. 43 § 3. Compensation for certain state officers and employees in collec- 44 tive negotiating units. 1. The provisions of this section shall apply 45 to annual-salaried 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. 48 2. Effective March 30, 2023 for officers and employees on the adminis- 49 trative payroll and effective April 6, 2023 for officers and employees 50 on the institutional payroll, the basic annual salary of officers and 51 employees in full-time employment status on the day before such payroll 52 period shall be increased by three percent adjusted to the nearest whole 53 dollar amount. 54 3. Effective March 28, 2024 for officers and employees on the adminis- 55 trative payroll and effective April 4, 2024 for officers and employees 56 on the institutional payroll, the basic annual salary of officers andA. 7766 5 1 employees in full-time employment status on the day before such payroll 2 period shall be increased by three percent adjusted to the nearest whole 3 dollar amount. 4 4. Effective March 27, 2025 for officers and employees on the adminis- 5 trative payroll and effective April 3, 2025 for officers and employees 6 on the institutional payroll, the basic annual salary of officers and 7 employees in full-time employment status on the day before such payroll 8 period shall be increased by three percent adjusted to the nearest whole 9 dollar amount. 10 5. Notwithstanding the provisions of subdivisions two, three and four 11 of this section, if the basic annual salary of an officer or employee to 12 whom the provisions of this section apply is identical with the hiring 13 rate or the job rate of the salary grade of his or her position on the 14 effective dates of the increases provided in these subdivisions, such 15 basic annual salary shall be increased to the hiring rate or job rate, 16 respectively, of such salary grade as contained in the appropriate sala- 17 ry schedules in subparagraphs 1, 2 and 3 of paragraph c of subdivision 1 18 of section 130 of the civil service law, as added by section one of this 19 act, to take effect on the dates provided in such subparagraphs. Except 20 as herein provided to the contrary, the increases in basic annual salary 21 provided by this subdivision shall be in lieu of any increase in basic 22 annual salary provided for in subdivisions two, three and four of this 23 section. 24 6. Payments pursuant to the provisions of subdivision 6 of section 131 25 of the civil service law for annual salaried officers and employees 26 entitled to such payments to whom the provisions of this section apply 27 shall be payable in accordance with the terms of an agreement reached 28 pursuant to article 14 of the civil service law between the state and an 29 employee organization representing employees subject to the provisions 30 of this section. 31 7. If an unencumbered position is one which if encumbered, would be 32 subject to the provisions of this section, the salary of such position 33 shall be increased by the salary increase amounts specified in this 34 section. If a position is created, and filled by the appointment of an 35 officer or employee who is subject to the provisions of this section, 36 the salary otherwise provided for such position shall be increased in 37 the same manner as though such position had been in existence but unen- 38 cumbered. Notwithstanding the provisions of this section, the director 39 of the budget may reduce the salary of any such position which is or 40 becomes vacant. 41 8. The increases in salary provided in subdivisions two, three and 42 four of this section shall apply on a pro-rated basis to officers and 43 employees, otherwise eligible to receive an increase in salary, who are 44 paid on an hourly or per diem basis, employees serving on a part-time or 45 seasonal basis, and employees paid on any basis other than at an annual 46 salary rate. Notwithstanding the foregoing, the provisions of subdivi- 47 sions five, six and thirteen of this section shall not apply to employ- 48 ees serving on a per diem or seasonal basis, except as determined by the 49 director of the budget. 50 9. In order to provide for the officers and employees to whom this 51 section applies but are not allocated to salary grades, but are paid on 52 an annual basis, increases and payments pursuant to subdivisions six and 53 thirteen of this section in proportion to those provided to persons to 54 whom this section applies who are allocated to salary grades, the direc- 55 tor of the budget is authorized to add appropriate adjustments and/or 56 payments to the compensation which such officers and employees areA. 7766 6 1 otherwise entitled to receive. The director of the budget shall issue 2 certificates which shall contain schedules of positions and the salaries 3 and/or payments thereof for which adjustments and/or payments are made 4 pursuant to the provisions of this subdivision, and a copy of each such 5 certificate shall be filed with the state comptroller, the department of 6 civil service, the chair of the senate finance committee and the chair 7 of the assembly ways and means committee. 8 10. Notwithstanding any other provision of this section, the 9 provisions of this section shall not apply to officers or employees paid 10 on a fee schedule basis, provided however, that the increases in basic 11 annual salary provided for in subdivisions two, three and four of this 12 section shall apply to fire instructors paid on a fee schedule basis 13 employed by the division of homeland security and emergency services. 14 11. Notwithstanding any other provision of this section, except subdi- 15 vision one of this section, any increase in compensation for any officer 16 or employee appointed to a lower graded position from a redeployment 17 list pursuant to subdivision 1 of section 79 of the civil service law 18 who continues to receive his or her former salary pursuant to such 19 subdivision shall be determined on the basis of such lower graded posi- 20 tion provided, however, that the increase in salary provided in this 21 section shall not cause such officer's or employee's salary to exceed 22 the job rate of such lower graded position. 23 12. Notwithstanding any other provision of this section or any law to 24 the contrary, any increase in compensation may be withheld in whole or 25 in part from any employee to whom the provisions of this section are 26 applicable when, in the opinion of the director of the budget and the 27 director of employee relations, such increase is not warranted or is not 28 appropriate for any reason. 29 13. Notwithstanding any law, rule or regulation to the contrary, offi- 30 cers and employees to whom the provisions of this section apply shall 31 receive performance awards in accordance with the terms of a collective- 32 ly negotiated agreement between the state and the employee organization 33 representing such employees entered into pursuant to article 14 of the 34 civil service law, effective for the period commencing April 2, 2023, in 35 accordance with the rules and regulations issued by the director of the 36 budget to implement payment of such negotiated performance awards. 37 § 4. Notwithstanding any other provision of law, when, in the profes- 38 sional, scientific and technical services unit, a determination has been 39 implemented to increase the hiring rate of a position in accordance with 40 subdivision 4 of section 130 of the civil service law, incumbents of 41 such positions who are employed in any state department, state institu- 42 tion or other state agency, in the particular area or areas or location 43 or locations affected, who did not receive the benefit of the new hiring 44 salary or have their salaries brought up to such new hiring salary may 45 receive increased compensation as determined by an agreement between the 46 office of employee relations and the employee organization representing 47 such unit. 48 § 5. For employees in the professional, scientific and technical 49 services unit, a one-time $3,000 signing bonus will be paid to all 50 eligible members of the unit. This signing bonus is not part of basic 51 annual salary. Similarly, the signing bonus is not subject to any salary 52 increases and is not pensionable. The signing bonus shall be pro-rated 53 for those employees paid on any basis other than an annual basis. 54 Employees paid on a part-time, hourly or per diem basis shall receive a 55 signing bonus pro-rated on a basis reflecting the actual hours worked 56 between June 6, 2023 and October 12, 2023 for officers and employees onA. 7766 7 1 the administrative payroll or October 19, 2023 for officers and employ- 2 ees on the institutional payroll. To qualify, employees must be in 3 continuous service in the PS&T Unit between June 6, 2023 and October 12, 4 2023 for officers and employees on the administrative payroll or October 5 19, 2023 for officers and employees on the institutional payroll as 6 defined by paragraph c of subdivision 3 of section 130 of the civil 7 service law. Employees who separate from state service between June 6, 8 2023 and October 12 or October 19, 2023, respectively, are not eligible 9 for this signing bonus unless they retire directly from active state 10 employment. This bonus shall be effective October 12, 2023 for officers 11 and employees on the administrative payroll and effective October 19, 12 2023 for officers and employees on the institutional payroll. 13 § 6. Notwithstanding any other law to the contrary, where an agreement 14 between the state and the employee organization that represents employ- 15 ees in the professional, scientific and technical services unit so 16 provides, there shall be paid a higher education differential consistent 17 with the terms of such agreement. 18 § 7. Location compensation for certain state officers and employees. 19 Notwithstanding any inconsistent provisions of law, officers and employ- 20 ees, including seasonal officers and employees who shall continue to 21 receive the compensation provided for pursuant to this section on a 22 pro-rated basis except part-time officers and employees, in the collec- 23 tive negotiating unit designated as the professional, scientific and 24 technical services unit established pursuant to article 14 of the civil 25 service law, whose principal place of employment or, in the case of a 26 field employee, whose official station as determined in accordance with 27 the regulations of the state comptroller, is located: in the county of 28 Monroe and who were eligible to receive location pay on March 31, 1985, 29 shall receive location pay at the rate of $200 per year provided they 30 continue to be otherwise eligible; or in the city of New York, or in the 31 county of Rockland, Westchester, Nassau or Suffolk shall continue to 32 receive a downstate adjustment at the annual rate of $3,026 effective 33 April 1, 2011, which shall increase to $3,087 effective April 1, 2023 34 and to $3,400 effective April 1, 2024 and to $4,000 effective April 1, 35 2025; or in the county of Dutchess, Putnam or Orange shall continue to 36 receive a mid-Hudson adjustment at the annual rate of $1,513 effective 37 April 1, 2011 which shall increase to $1,543 effective April 2, 2023 and 38 to $1,650 effective April 1, 2024, and to $2,000 effective April 1, 39 2025. Such location payments shall be in addition to and shall not be a 40 part of an officer's or employee's basic annual salary and shall not 41 affect or impair any performance advancements or other rights or bene- 42 fits to which an officer or employee may be entitled by law, provided, 43 however, that location payments shall be included as compensation for 44 purposes of computation of overtime pay and for retirement purposes. 45 For the sole purpose of continuing eligibility for location pay in 46 Monroe county, an officer or employee previously eligible to receive 47 location pay on March 31, 1985 who is on an approved leave of absence or 48 participates in an employer program to reduce to part-time service 49 during summer months shall continue to be eligible for said location pay 50 upon return to full-time state service in Monroe county. 51 § 8. Continuation of location compensation for certain officers and 52 employees of the Hudson Valley developmental disabilities services 53 office. 1. Notwithstanding any law, rule or regulation to the contrary, 54 any officer or employee of the Hudson Valley developmental disabilities 55 services office represented in the collective negotiating unit desig- 56 nated as the professional, scientific and technical services unit, whoA. 7766 8 1 is receiving location pay pursuant to section 5 of chapter 174 of the 2 laws of 1993 shall continue to receive such location pay under the 3 conditions and at the rate specified by such section. 4 2. Notwithstanding any law, rule or regulation to the contrary, any 5 officer or employee of the Hudson Valley developmental disabilities 6 services office represented in the collective negotiating unit desig- 7 nated as the professional, scientific and technical services unit, who 8 is receiving location pay pursuant to subdivision 2 of section 9 of 9 chapter 315 of the laws of 1995 shall continue to receive such location 10 pay under the conditions and at the rates specified by such subdivision. 11 3. Notwithstanding section seven of this act or any other law, rule or 12 regulation to the contrary, any officer or employee of the Hudson Valley 13 developmental disabilities services office represented in the collective 14 negotiating unit designated as the professional, scientific and techni- 15 cal services unit, who is receiving location pay pursuant to section 16 seven of this act shall continue to be eligible for such location pay if 17 as the result of a reduction or redeployment of staff, such officer or 18 employee is reassigned to or otherwise appointed or promoted to a 19 different position at another work location within the Hudson Valley 20 developmental disabilities services office. The rate of such continued 21 location pay shall not exceed the rate such officer or employee is 22 receiving on the date of such reassignment, appointment or promotion. 23 § 9. Special assignment to duty pay. Notwithstanding any inconsistent 24 provisions of law, effective April 2, 2023, where and to the extent 25 that, an agreement between the state and an employee organization 26 entered into pursuant to article 14 of the civil service law so 27 provides, a special assignment to duty lump sum shall be paid each year 28 to an employee who is serving in a particular assignment deemed quali- 29 fied pursuant to such agreement. Such payment shall be in an amount 30 negotiated for those employees assigned to qualifying work assignments 31 and who work such assignments for the minimum periods of time in a year 32 provided in the negotiated agreement. Assignment to duty pay shall not 33 be paid in any year an employee does not meet the minimum period of time 34 in such qualifying assignment required by the agreement or upon cessa- 35 tion of the assignment to duty program on April 1, 2026 unless an exten- 36 sion is negotiated by the parties. Such lump sum shall be considered 37 salary only for final average salary retirement purposes. 38 § 10. Long term seasonal employees. Notwithstanding any inconsistent 39 provisions of law, effective April 2, 2023, where and to the extent 40 that, an agreement between the state and an employee organization 41 entered into pursuant to article 14 of the civil service law so 42 provides, a lump sum shall be paid each year to an employee who is serv- 43 ing in a qualifying long term seasonal position. Such payment shall be 44 in an amount negotiated and pursuant to negotiated qualifying criteria 45 and shall be considered salary only for final average salary retirement 46 purposes. Such benefit shall be available until March 31, 2026. 47 § 11. Notwithstanding any inconsistent provisions of law, where and to 48 the extent that an agreement between the state and an employee organiza- 49 tion entered into pursuant to article 14 of the civil service law so 50 provides on behalf of employees in the collective negotiating unit 51 designated as the professional, scientific and technical services unit 52 established pursuant to article 14 of the civil service law, the state 53 shall contribute an amount designated in such agreement and for the 54 period covered by such agreement to the accounts of such employees 55 enrolled for dependent care deductions pursuant to subdivision 7 of 56 section 201-a of the state finance law. Such amounts shall be from fundsA. 7766 9 1 appropriated in this act and shall not be part of basic annual salary 2 for overtime or retirement purposes. 3 § 12. Notwithstanding any provision of law to the contrary, the appro- 4 priations contained in this act shall be available to the state for the 5 payment and publication of grievance and arbitration settlements and 6 awards pursuant to articles 33 and 34 of the collective negotiating 7 agreement between the state and the employee organization representing 8 the collective negotiating unit designated as the professional, scien- 9 tific and technical services unit established pursuant to article 14 of 10 the civil service law. 11 § 13. During the period April 2, 2023 through April 1, 2026, there 12 shall be a statewide labor-management committee continued and adminis- 13 tered pursuant to the terms of the agreement negotiated between the 14 state and an employee organization representing employees in the collec- 15 tive negotiating unit designated as the professional, scientific and 16 technical services unit established pursuant to article 14 of the civil 17 service law which shall after April 2, 2023, have the responsibility of 18 studying, making recommendations concerning the major issues of produc- 19 tivity, the quality of work life and implementing the agreements 20 reached. 21 § 14. Inconvenience pay program. Pursuant to chapter 333 of the laws 22 of 1969, as amended, and an agreement negotiated between the state and 23 an employee organization representing employees in the professional, 24 scientific and technical services unit established pursuant to article 25 14 of the civil service law, an eligible employee shall continue to be 26 paid $575 per year for working four or more hours between the hours of 27 6:00 p.m. and 6:00 a.m. effective April 2, 2011. 28 § 15. Notwithstanding any provision of law to the contrary, effective 29 April 2, 2023, where and to the extent that an agreement between the 30 state and an employee organization so provides for a program concerning 31 a firearms training and safety incentive for peace officers in the 32 professional, scientific and technical services bargaining unit, a lump 33 sum payment for such incentive shall be paid for each year of such 34 program to any employee who is deemed qualified pursuant to such agree- 35 ment. Such payment shall be in an amount negotiated for those employees 36 who meet criteria established by such program. Such payment shall occur 37 at the time prescribed by such program or as soon as practicable there- 38 after. Such lump sum payment shall not be paid in any year an employee 39 does not meet the qualifications and criteria of such program. Such lump 40 sum payment shall be considered salary for overtime purposes. 41 § 16. Notwithstanding any provision of law to the contrary, effective 42 April 2, 2023, where and to the extent that an agreement between the 43 state and an employee organization entered into pursuant to article 14 44 of the civil service law so provides on behalf of certain employees in 45 the collective negotiating unit designated as the professional, scien- 46 tific and technical services unit, and where there exists a policy 47 requiring employees in the fire protection specialist title series at 48 the office of fire prevention and control to wear uniforms, a lump sum 49 uniform allowance shall be paid to covered employees in accordance with 50 the terms of such agreement and policy. Such payments shall be in an 51 amount negotiated for covered employees and shall not be paid in any 52 year where a policy does not exist requiring uniforms in accordance with 53 the terms of the agreement or where an employee is not required to wear 54 a uniform or receives a regular uniform service. Such uniform allowance 55 will cease to exist on April 1, 2026, unless an extension is negotiatedA. 7766 10 1 by the parties. Such lump sum shall be considered salary only for final 2 average salary purposes. 3 § 17. Notwithstanding any provision of law to the contrary, employees 4 in eligible titles who fall under the pilot workers compensation program 5 that was collectively negotiated by the state and an employee organiza- 6 tion shall be paid in accordance with the terms of that agreed upon 7 program. 8 § 18. The salary increases and benefit modifications provided for by 9 this act for state employees in the collective negotiating unit desig- 10 nated as the professional, scientific and technical services unit estab- 11 lished pursuant to article 14 of the civil service law shall not be 12 implemented until the director of employee relations shall have deliv- 13 ered to the director of the budget and the state comptroller a letter 14 certifying that there is in effect with respect to such negotiating unit 15 a collectively negotiated agreement, ratified by the membership, which 16 provides for such increases and modifications and which are fully 17 executed in writing with the state pursuant to article 14 of the civil 18 service law. 19 § 19. Date of entitlement to salary increases. Notwithstanding the 20 provisions of this act or of any other provision of law to the contrary, 21 the increases in salary or compensation to employees provided by this 22 act shall be added to the salary of such employee at the beginning of 23 that payroll period, the first day of which is nearest to the effective 24 dates of such increases as provided in this act, or at the beginning of 25 the earlier of two payroll periods, the first days of which are nearest 26 but equally near to the effective dates of such increases as provided in 27 this act; provided, however, that, for the purposes of determining the 28 salary of such unit members upon reclassification, reallocation, 29 appointment, promotion, transfer, demotion, reinstatement, or other 30 change of status, such salary increases shall be deemed to be effective 31 on the dates thereof as prescribed by this act, with payment thereof 32 pursuant to this section on a date prior thereto, instead of on such 33 effective dates, and shall not operate to confer any additional salary 34 rights or benefits on such unit members. Payment of such salary 35 increases may be deferred pursuant to section twenty of this act. 36 § 20. Deferred payment of salary increase. Notwithstanding the 37 provisions of any other section of this act or any other provision of 38 law to the contrary, pending payment pursuant to this act of the basic 39 annual salaries of incumbents of positions subject to this act, such 40 incumbents shall receive, as partial compensation for services rendered, 41 the rate of salary and other compensation otherwise payable in their 42 respective positions. An incumbent holding a position subject to this 43 act at any time during the period from April 1, 2023, until the time 44 when basic annual salaries and other compensation due are first paid 45 pursuant to this act for such services in excess of the salary and other 46 compensation actually received therefor, shall be entitled to a lump sum 47 payment for the difference between the salary and other compensation to 48 which such incumbent is entitled for such services and the salary and 49 other compensation actually received pursuant to the terms of an agree- 50 ment between the state and the employee organization representing the 51 employees covered by this act. 52 § 21. Use of appropriations. Notwithstanding any provision of the 53 state finance law or any other provision of law to the contrary, the 54 state comptroller is authorized to pay any amounts required during the 55 fiscal year commencing April 1, 2023 by the provisions of this act for 56 any state department or agency from any appropriation or other fundsA. 7766 11 1 available to such state department or agency for personal service or for 2 other related employee benefits during such fiscal year. To the extent 3 that such appropriations are insufficient in any fund to accomplish the 4 purposes herein set forth, the director of the budget is authorized to 5 allocate to the various departments and agencies, from any appropri- 6 ations available in any fund, the amounts necessary to pay such amounts. 7 The aforementioned appropriations shall be available for payment of any 8 liabilities or obligations incurred prior to April 1, 2023 in addition 9 to current liabilities. 10 § 22. Effect of participation in special annuity program. No officer 11 or employee participating in a special annuity program pursuant to the 12 provisions of article 8-C of the education law shall, by reason of an 13 increase in compensation pursuant to this act, suffer any reduction of 14 the salary adjustment to which he or she would otherwise be entitled by 15 reason of participation in such program, and such salary adjustment 16 shall be based upon the salary of such officer or employee without 17 regard to the reduction authorized by such article. 18 § 23. Notwithstanding any provision of the state finance law or any 19 other provision of law to the contrary, the sum of $414,000,000 is here- 20 by appropriated in the general fund/state purposes account (10050) in 21 miscellaneous-all state departments and agencies solely for 22 apportionment/transfer by the director of the budget for use by any 23 state department or agency in any fund for the period April 1, 2023 24 through March 31, 2024 to supplement appropriations for personal 25 service, other than personal service and fringe benefits, and to carry 26 out the provisions of this act. No money shall be available for expendi- 27 ture from this appropriation until a certificate of approval has been 28 issued by the director of the budget and a copy of such certificate or 29 any amendment thereto has been filed with the state comptroller, the 30 chair of the senate finance committee and the chair of the assembly ways 31 and means committee. The monies hereby appropriated are available for 32 payment of any liabilities or obligations incurred prior to or during 33 the period April 1, 2023 through March 31, 2024. For this purpose, the 34 monies appropriated shall remain in full force and effect for the 35 payment of liabilities incurred on or before March 31, 2024. 36 § 24. The several amounts as hereinafter set forth, or so much thereof 37 as may be necessary, are hereby appropriated from the fund so designated 38 for use by any state department or agency for the period commencing 39 April 1, 2023 through March 31, 2024 to supplement appropriations from 40 each respective fund available for other than personal service and 41 fringe benefits, and to carry out the provisions of this act. The monies 42 hereby appropriated are available for payment of any liabilities or 43 obligations incurred prior to or during the period commencing April 1, 44 2023 through March 31, 2024. No money shall be available for expendi- 45 ture from the monies appropriated until a certificate of approval has 46 been issued by the director of the budget and a copy of such certificate 47 or any amendment thereto has been filed with the state comptroller, the 48 chair of the senate finance committee and the chair of the assembly ways 49 and means committee. 50 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES LABOR MANAGEMENT 51 COMMITTEES 52 General Fund/State Operations State Purposes Account - 10050 53 Professional, Scientific and Technical Services Unit 54 Professional development and quality of work-A. 7766 12 1 ing life committee ............................. 177,352 2 Health and Safety ................................ 230,223 3 PSTP Program ................................... 1,603,676 4 Joint Funded Programs ............................ 608,101 5 Multi-Funded Programs ............................ 321,074 6 Professional Development for Nurses .............. 167,313 7 Property Damage .................................... 6,927 8 Work-Life Services ............................... 773,186 9 Joint Committee on Health Benefits ............... 167,312 10 Contract Administration ........................... 50,000 11 § 25. This act shall take effect immediately and shall be deemed to 12 have been in full force and effect on and after April 2, 2023. Appropri- 13 ations made by this act shall remain in full force and effect for 14 liabilities incurred through March 31, 2024. ------------------------------------------------------------------------ REPEAL NOTE.--Subparagraphs 1, 2, 3 and 4 of paragraph c of subdivi- sion 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. 15 PART B 16 SALARIES AND BENEFITS FOR CERTAIN STATE 17 OFFICERS AND EMPLOYEES EXCLUDED FROM 18 COLLECTIVE NEGOTIATING UNITS FOR 2023-2026 19 Section 1. Subparagraphs 1 and 2 of paragraph d of subdivision 1 of 20 section 130 of the civil service law are REPEALED and three new subpara- 21 graphs 1, 2 and 3 are added to read as follows: 22 (1) Effective April first, two thousand twenty-three: 23 HIRING JOB 24 GRADE RATE RATE 25 M/C 3 $29,747 $38,030 26 M/C 4 $31,061 $39,755 27 M/C 5 $32,924 $41,685 28 M/C 6 $34,321 $43,822 29 M/C 7 $36,299 $46,194 30 M/C 8 $38,293 $48,575 31 M/C 9 $40,481 $51,160 32 M/C 10 $42,662 $54,000 33 M/C 11 $45,250 $56,996 34 M/C 12 $47,639 $59,986 35 M/C 13 $50,408 $63,319 36 M/C 14 $53,403 $66,801 37 M/C 15 $56,375 $70,407 38 M/C 16 $59,553 $74,163 39 M/C 17 $62,933 $78,255 40 M/C 18 $63,266 $78,505 41 M/C 19 $66,660 $82,588 42 M/C 20 $70,058 $86,730 43 M/C 21 $73,836 $91,210 44 M/C 22 $77,804 $96,002 45 M/C 23 $81,792 $102,189 46 M 1 $88,283 $111,592A. 7766 13 1 M 2 $97,908 $123,761 2 M 3 $108,665 $137,319 3 M 4 $120,187 $151,674 4 M 5 $133,453 $168,606 5 M 6 $147,758 $185,851 6 M 7 $162,868 $201,711 7 M 8 $137,322 ± 8 (2) Effective April first, two thousand twenty-four: 9 HIRING JOB 10 GRADE RATE RATE 11 M/C 3 $30,639 $39,171 12 M/C 4 $31,993 $40,948 13 M/C 5 $33,912 $42,936 14 M/C 6 $35,351 $45,137 15 M/C 7 $37,388 $47,580 16 M/C 8 $39,442 $50,032 17 M/C 9 $41,695 $52,695 18 M/C 10 $43,942 $55,620 19 M/C 11 $46,608 $58,706 20 M/C 12 $49,068 $61,786 21 M/C 13 $51,920 $65,219 22 M/C 14 $55,005 $68,805 23 M/C 15 $58,066 $72,519 24 M/C 16 $61,340 $76,388 25 M/C 17 $64,821 $80,603 26 M/C 18 $65,164 $80,860 27 M/C 19 $68,660 $85,066 28 M/C 20 $72,160 $89,332 29 M/C 21 $76,051 $93,946 30 M/C 22 $80,138 $98,882 31 M/C 23 $84,246 $105,255 32 M 1 $90,931 $114,940 33 M 2 $100,845 $127,474 34 M 3 $111,925 $141,439 35 M 4 $123,793 $156,224 36 M 5 $137,457 $173,664 37 M 6 $152,191 $191,427 38 M 7 $167,754 $207,762 39 M 8 $141,442 ± 40 (3) Effective April first, two thousand twenty-five: 41 HIRING JOB 42 GRADE RATE RATE 43 M/C 3 $31,558 $40,346 44 M/C 4 $32,953 $42,176 45 M/C 5 $34,929 $44,224 46 M/C 6 $36,412 $46,491 47 M/C 7 $38,510 $49,007 48 M/C 8 $40,625 $51,533 49 M/C 9 $42,946 $54,276 50 M/C 10 $45,260 $57,289 51 M/C 11 $48,006 $60,467 52 M/C 12 $50,540 $63,640 53 M/C 13 $53,478 $67,176 54 M/C 14 $56,655 $70,869A. 7766 14 1 M/C 15 $59,808 $74,695 2 M/C 16 $63,180 $78,680 3 M/C 17 $66,766 $83,021 4 M/C 18 $67,119 $83,286 5 M/C 19 $70,720 $87,618 6 M/C 20 $74,325 $92,012 7 M/C 21 $78,333 $96,764 8 M/C 22 $82,542 $101,848 9 M/C 23 $86,773 $108,413 10 M 1 $93,659 $118,388 11 M 2 $103,870 $131,298 12 M 3 $115,283 $145,682 13 M 4 $127,507 $160,911 14 M 5 $141,581 $178,874 15 M 6 $156,757 $197,170 16 M 7 $172,787 $213,995 17 M 8 $145,685 ± 18 § 2. Subdivision 1 of section 19 of the correction law is REPEALED and 19 a new subdivision 1 is added to read as follows: 20 1. This section shall apply to each superintendent of a correctional 21 facility appointed on or after August ninth, nineteen hundred seventy- 22 five and any superintendent heretofore appointed who elects to be 23 covered by the provisions thereof by filing such election with the 24 commissioner. 25 a. The salary schedule for superintendents of a correctional facility 26 with an incarcerated individual population capacity of four hundred or 27 more incarcerated individuals shall be as follows: 28 Effective April first, two thousand twenty-three: 29 Hiring Rate Job Rate 30 $139,737 $190,694 31 Effective April first, two thousand twenty-four: 32 Hiring Rate Job Rate 33 $143,929 $196,415 34 Effective April first, two thousand twenty-five: 35 Hiring Rate Job Rate 36 $148,247 $202,307 37 b. The salary schedule for superintendents of correctional facilities 38 with an incarcerated individual population capacity of fewer than four 39 hundred incarcerated individuals shall be as follows: 40 Effective April first, two thousand twenty-three: 41 Hiring Rate Job Rate 42 $108,665 $137,321 43 Effective April first, two thousand twenty-four: 44 Hiring Rate Job Rate 45 $111,925 $141,441 46 Effective April first, two thousand twenty-five: 47 Hiring Rate Job Rate 48 $115,283 $145,684 49 § 3. Lump sum payment. 1. The provisions of this section shall apply 50 to the following annual-salaried state officers and employees: (a) offi- 51 cers and employees whose positions are designated managerial or confi- 52 dential pursuant to article 14 of the civil service law; (b) civilian 53 state employees of the division of military and naval affairs in the 54 executive department whose positions are not in, or are excluded fromA. 7766 15 1 representation rights in, any recognized or certified negotiating unit; 2 (c) officers and employees excluded from representation rights under 3 article 14 of the civil service law pursuant to rules or regulations of 4 the public employment relations board; and (d) officers and employees 5 whose salaries are prescribed by section 19 of the correction law. 6 2. A lump sum payment of $3,000 shall be made to each employee in 7 full-time annual salaried employment status who was (i) active August 2, 8 2022 and (ii) in continuous service, as defined by paragraph c of subdi- 9 vision 3 of section 130 of the civil service law, from that date until 10 March 30, 2023 for officers and employees on the administrative payroll 11 and effective April 6, 2023 for officers and employees on the institu- 12 tional payroll. Such lump sum shall not be considered salary for retire- 13 ment purposes nor shall it become part of basic annual salary. Notwith- 14 standing the foregoing provisions of this subdivision, officers and 15 employees who would have otherwise been eligible to receive such lump 16 sum payment, but who were not on the payroll on such date, shall be 17 eligible for said payment if they return to full-time employment status 18 during the fiscal year 2024 without a break in continuous service. Such 19 payment shall be pro-rated for employees in less than full-time annual 20 salaried service. 21 3. Notwithstanding any of the foregoing provisions of this section or 22 any law to the contrary, the lump sum payment of $3,000 may be withheld 23 in whole or in part from any employee to whom the provisions of this 24 section apply pursuant to section twelve of this act. 25 § 4. Compensation for certain state officers and employees. 1. The 26 provisions of this section shall apply to the following annual-salaried 27 state officers and employees: (a) officers and employees whose positions 28 are designated managerial or confidential pursuant to article 14 of the 29 civil service law; (b) civilian state employees of the division of mili- 30 tary and naval affairs in the executive department whose positions are 31 not in, or are excluded from representation rights in, any recognized or 32 certified negotiating unit; (c) officers and employees excluded from 33 representation rights under article 14 of the civil service law pursuant 34 to rules or regulations of the public employment relations board; and 35 (d) officers and employees whose salaries are prescribed by section 19 36 of the correction law. 37 2. For such officers and employees the following increases shall 38 apply: effective April 1, 2023 the basic annual salary of officers and 39 employees to whom the provisions of this subdivision apply shall be 40 increased by three percent adjusted to the nearest whole dollar amount, 41 effective April 1, 2024 the basic annual salary of officers and employ- 42 ees to whom the provisions of this subdivision apply shall be increased 43 by three percent adjusted to the nearest whole dollar amount, and effec- 44 tive April 1, 2025 the basic annual salary of officers and employees to 45 whom the provisions of this subdivision apply shall be increased by 46 three percent adjusted to the nearest whole dollar amount. 47 3. If an unencumbered position is one that, if encumbered, would be 48 subject to the provisions of this section, the salary of such position 49 shall be increased by the salary increase amount specified in this 50 section. If a position is created and is filled by the appointment of an 51 officer or employee who is subject to the provisions of this section, 52 the salary otherwise provided for such position shall be increased in 53 the same manner as though such position had been in existence but unen- 54 cumbered. 55 4. The increase in salary payable pursuant to this section shall apply 56 on a pro-rated basis in accordance with guidelines issued by the direc-A. 7766 16 1 tor of the budget to officers and employees otherwise eligible to 2 receive an increase in salary pursuant to this act who are paid on an 3 hourly or per diem basis, employees serving on a part-time or seasonal 4 basis, and employees paid on any basis other than at an annual salary 5 rate. 6 5. Notwithstanding any of the foregoing provisions of this section, 7 the provisions of this section shall not apply to the following except 8 as otherwise provided by law: (a) officers or employees paid on a fee 9 schedule basis; (b) officers or employees whose salaries are prescribed 10 by section 40, 60 or 169 of the executive law; (c) officers or employees 11 in collective negotiating units established pursuant to article 14 of 12 the civil service law. 13 6. Officers and employees to whom the provisions of this section apply 14 who are incumbents of positions that are not allocated to salary grades 15 specified in paragraph d of subdivision 1 of section 130 of the civil 16 service law and whose salary is not prescribed in any other statute 17 shall receive the salary increases specified in subdivision two of this 18 section. 19 7. In order to provide for the officers and employees to whom this 20 section applies who are not allocated to salary grades, performance 21 advancements, merit awards, longevity payments and in lieu payments, and 22 special achievement awards in proportion to those provided to persons to 23 whom this section applies who are allocated to salary grades, the direc- 24 tor of the budget is authorized to add appropriate adjustments to the 25 compensation that such officers and employees are otherwise entitled to 26 receive. The director of the budget shall issue certificates that shall 27 contain schedules of positions and the salaries or payments thereof for 28 which adjustments or payments are made pursuant to the provisions of 29 this subdivision, and a copy of each such certificate shall be filed 30 with the state comptroller, the department of civil service, the chair 31 of the senate finance committee and the chair of the assembly ways and 32 means committee. 33 8. Notwithstanding any of the foregoing provisions of this section, 34 any increase in compensation for any officer or employee appointed to a 35 lower graded position from a redeployment list pursuant to subdivision 1 36 of section 79 of the civil service law who continues to receive his or 37 her former salary pursuant to such subdivision shall be determined on 38 the basis of such lower graded position provided, however, that the 39 increases in salary provided in subdivision two of this section shall 40 not cause such officer's or employee's salary to exceed the job rate of 41 any such lower graded position at salary grade. 42 9. Notwithstanding any of the foregoing provisions of this section or 43 of any law to the contrary, the director of the budget may reduce the 44 salary of any position which is vacant or which becomes vacant, so long 45 as the position, if encumbered, would be subject to the provisions of 46 this section. The director of the budget does not need to provide a 47 reason for such reduction. 48 § 5. Compensation for certain state officers and employees in the 49 division of state police. 1. The provisions of this section shall apply 50 to officers and employees whose salaries are provided for by paragraph 51 (a) of subdivision 1 of section 215 of the executive law. 52 2. Effective April 1, 2023 the basic annual salary of officers and 53 employees to whom the provisions of this subdivision apply shall be 54 increased by three percent adjusted to the nearest whole dollar amount, 55 effective April 1, 2024 the basic annual salary of officers and employ- 56 ees to whom the provisions of this subdivision apply shall be increasedA. 7766 17 1 by three percent adjusted to the nearest whole dollar amount, and effec- 2 tive April 1, 2025 the basic annual salary of officers and employees to 3 whom the provisions of this subdivision apply shall be increased by 4 three percent adjusted to the nearest whole dollar amount. 5 3. The increase in salary payable pursuant to this section shall apply 6 on a pro-rated basis in accordance with guidelines issued by the direc- 7 tor of the budget to officers and employees otherwise eligible to 8 receive an increase in salary pursuant to this act who are paid on an 9 hourly or per diem basis, employees serving on a part-time or seasonal 10 basis, and employees paid on any basis other than at an annual salary 11 rate. 12 4. Notwithstanding any of the foregoing provisions of this section, 13 any increase in compensation for any officer or employee appointed to a 14 lower graded position from a redeployment list pursuant to subdivision 1 15 of section 79 of the civil service law who continues to receive his or 16 her former salary pursuant to such subdivision shall be determined on 17 the basis of such lower graded position provided, however, that the 18 increase in salary provided in subdivision two of this section shall not 19 cause such officer's or employee's salary to exceed the job rate of any 20 such lower graded position at salary grade. 21 § 6. Compensation for certain state employees in the state university 22 and certain employees of contract colleges at Cornell and Alfred univer- 23 sities. 1. (a) Effective April 1, 2023, the basic annual salary of 24 incumbents of positions in the professional service in the state univer- 25 sity that are designated, stipulated, or excluded from negotiating units 26 as managerial or confidential as defined pursuant to article 14 of the 27 civil service law, may be increased pursuant to plans approved by the 28 state university trustees. Such increase in basic annual salary rates 29 shall not exceed in the aggregate three percent of the total basic annu- 30 al salary rates in effect on March 31, 2023. 31 (b) Effective April 1, 2024, the basic annual salary of incumbents of 32 positions in the professional service in the state university that are 33 designated, stipulated, or excluded from negotiating units as managerial 34 or confidential as defined pursuant to article 14 of the civil service 35 law, may be increased pursuant to plans approved by the state university 36 trustees. Such increase in basic annual salary rates shall not exceed 37 in the aggregate three percent of the total basic annual salary rates in 38 effect on March 31, 2024. 39 (c) Effective April 1, 2025, the basic annual salary of incumbents of 40 positions in the professional service in the state university that are 41 designated, stipulated, or excluded from negotiating units as managerial 42 or confidential as defined pursuant to article 14 of the civil service 43 law, may be increased pursuant to plans approved by the state university 44 trustees. Such increase in basic annual salary rates shall not exceed 45 in the aggregate three percent of the total basic annual salary rates in 46 effect on March 31, 2025. 47 2. (a) Effective April 1, 2023, the basic annual salary of incumbents 48 of positions in the institutions under the management and control of 49 Cornell and Alfred universities as representatives of the board of trus- 50 tees of the state university that, in the opinion of the director of 51 employee relations, would be designated managerial or confidential were 52 they subject to article 14 of the civil service law may be increased 53 pursuant to plans approved by the state university trustees. Such 54 increase in basic annual salary rates shall not exceed in the aggregate 55 three percent of the total basic annual salary rates in effect March 31, 56 2023.A. 7766 18 1 (b) Effective April 1, 2024, the basic annual salary of incumbents of 2 positions in the institutions under the management and control of 3 Cornell and Alfred universities as representatives of the board of trus- 4 tees of the state university that, in the opinion of the director of 5 employee relations, would be designated managerial or confidential were 6 they subject to article 14 of the civil service law may be increased 7 pursuant to plans approved by the state university trustees. Such 8 increase in basic annual salary rates shall not exceed in the aggregate 9 three percent of the total basic annual salary rates in effect March 31, 10 2024. 11 (c) Effective April 1, 2025, the basic annual salary of incumbents of 12 positions in the institutions under the management and control of 13 Cornell and Alfred universities as representatives of the board of trus- 14 tees of the state university that, in the opinion of the director of 15 employee relations, would be designated managerial or confidential were 16 they subject to article 14 of the civil service law may be increased 17 pursuant to plans approved by the state university trustees. Such 18 increase in basic annual salary rates shall not exceed in the aggregate 19 three percent of the total basic annual salary rates in effect March 31, 20 2025. 21 3. (a) During the period April 1, 2023 through March 31, 2024, the 22 basic annual salary of incumbents of positions in the non-professional 23 service that, in the opinion of the director of employee relations, 24 would be designated managerial or confidential were they subject to 25 article 14 of the civil service law, except those positions in the 26 Cornell service and maintenance unit that are subject to the terms of a 27 collective bargaining agreement between Cornell university and the 28 employee organization representing employees in such positions and 29 except those positions in the Alfred service and maintenance unit that 30 are subject to the terms of a collective bargaining agreement between 31 Alfred university and the employee organization representing employees 32 in such positions, in institutions under the management and control of 33 Cornell and Alfred universities as representatives of the board of trus- 34 tees of the state university may be increased pursuant to plans approved 35 by the state university trustees. Such plans may include a new salary 36 schedule which shall supersede the salary schedules then in effect 37 applicable to such employees. Such plans shall provide for an increase 38 in basic annual salary, which, exclusive of performance advancement 39 payments or merit recognition payments, shall not exceed in the aggre- 40 gate three percent of the total basic annual salary rates in effect on 41 March 31, 2023. 42 (b) During the period April 1, 2024 through March 31, 2025, the basic 43 annual salary of incumbents of positions in the non-professional service 44 that, in the opinion of the director of employee relations, would be 45 designated managerial or confidential were they subject to article 14 of 46 the civil service law, except those positions in the Cornell service and 47 maintenance unit that are subject to the terms of a collective bargain- 48 ing agreement between Cornell university and the employee organization 49 representing employees in such positions and except those positions in 50 the Alfred service and maintenance unit that are subject to the terms of 51 a collective bargaining agreement between Alfred university and the 52 employee organization representing employees in such positions, in 53 institutions under the management and control of Cornell and Alfred 54 universities as representatives of the board of trustees of the state 55 university may be increased pursuant to plans approved by the state 56 university trustees. Such plans may include a new salary schedule whichA. 7766 19 1 shall supersede the salary schedules then in effect applicable to such 2 employees. Such plans shall provide for an increase in basic annual 3 salary, which, exclusive of performance advancement payments or merit 4 recognition payments, shall not exceed in the aggregate three percent of 5 the total basic annual salary rates in effect on March 31, 2024. 6 (c) During the period April 1, 2025 through March 31, 2026, the basic 7 annual salary of incumbents of positions in the non-professional service 8 that, in the opinion of the director of employee relations, would be 9 designated managerial or confidential were they subject to article 14 of 10 the civil service law, except those positions in the Cornell service and 11 maintenance unit that are subject to the terms of a collective bargain- 12 ing agreement between Cornell university and the employee organization 13 representing employees in such positions and except those positions in 14 the Alfred service and maintenance unit that are subject to the terms of 15 a collective bargaining agreement between Alfred university and the 16 employee organization representing employees in such positions, in 17 institutions under the management and control of Cornell and Alfred 18 universities as representatives of the board of trustees of the state 19 university may be increased pursuant to plans approved by the state 20 university trustees. Such plans may include a new salary schedule which 21 shall supersede the salary schedules then in effect applicable to such 22 employees. Such plans shall provide for an increase in basic annual 23 salary, which, exclusive of performance advancement payments or merit 24 recognition payments, shall not exceed in the aggregate three percent of 25 the total basic annual salary rates in effect on March 31, 2025. 26 4. For the purposes of this section, the basic annual salary of an 27 employee is that salary that is obtained through direct appropriation of 28 state moneys for the purpose of paying wages. Nothing in this part shall 29 prevent increasing amounts paid to incumbents of such positions in the 30 professional service in addition to the basic annual salary, provided, 31 however, that the amounts required for such increase and the cost of 32 fringe benefits attributable to such increase, as determined by the 33 comptroller, are made available to the state in accordance with the 34 procedures established by the state university, with the approval of the 35 director of the budget, for such purposes. 36 5. Notwithstanding any of the foregoing provisions of this section or 37 any law to the contrary, any increase in compensation may be withheld in 38 whole or in part from any employee to whom the provisions of this 39 section apply pursuant to section twelve of this act. 40 § 7. Compensation for certain state employees in the state university 41 that are designated, stipulated, or excluded from negotiating units as 42 managerial or confidential pursuant to article 14 of the civil service 43 law and certain employees of contract colleges at Cornell and Alfred 44 universities. 45 1. The provisions of this subdivision shall apply only to incumbents 46 of positions in bargaining unit 13 in the professional service of the 47 state university that are designated, stipulated or excluded from nego- 48 tiating units as managerial or confidential pursuant to article 14 of 49 the civil service law. For each of the years 2023, 2024, 2025 and 2026, 50 there shall be available an amount equal to one percent of the total of 51 the basic annual salaries on June 30 of each such year of incumbents to 52 whom the provisions of this subdivision apply, for distribution to such 53 incumbents on the payroll on June 30 of each such year and at the time 54 of payment by the state university trustees in their discretion, and 55 subject to the approval of the chancellor and the director of the budg- 56 et. Such distributions as described in this paragraph shall occur notA. 7766 20 1 later than December 31 of each year, and shall be retroactive to July 1 2 of such year. Subject to the approval of the state university trustees, 3 in their discretion, and subject to the approval of the chancellor and 4 the director of the budget, there shall also be an amount available in 5 2024 and 2025 for a lump sum payment consistent with any lump sum nego- 6 tiated for the professional services negotiation unit within the univer- 7 sity. 8 2. The compensation increases in subdivision one of this section may 9 also be provided by Cornell and Alfred universities, within available 10 appropriations, at their discretion, and with the requisite approval of 11 the state university trustees and the director of the budget, to incum- 12 bents of positions in the institutions under the management of Cornell 13 and Alfred universities as representative of the board of trustees of 14 the state university of New York that, in the opinion of the director of 15 employee relations, would be designated managerial or confidential were 16 they subject to article 14 of the civil service law. 17 § 8. Location compensation for certain state officers and employees. 18 1. This section shall apply to all full-time annual salaried state offi- 19 cers and employees and non-annual salaried seasonal state officers and 20 employees except the following: 21 (a) officers and employees of the legislature and the judiciary, 22 including officers and employees of boards, bodies and commissions that 23 are deemed to be part of the legislature or judiciary for the purposes 24 of section 49 of the state finance law; 25 (b) officers and employees whose salaries are prescribed by or deter- 26 mined in accordance with section 40, 60, 169, 215 or 216 of the execu- 27 tive law; 28 (c) incumbents of allocated or unallocated positions in the profes- 29 sional service in the state university and in institutions under the 30 management and control of Cornell and Alfred universities as represen- 31 tatives of the board of trustees of the state university; and 32 (d) officers and employees who are in recognized or certified collec- 33 tive negotiating units pursuant to article 14 of the civil service law. 34 2. Notwithstanding the provisions of section 15 of chapter 333 of the 35 laws of 1969, as amended, officers and employees subject to this section 36 whose principal place of employment or, in the case of field employees, 37 whose official station as determined in accordance with the regulations 38 of the state comptroller is located: 39 (a) in the county of Monroe and who were eligible to receive location 40 pay on March 31, 1985, shall receive location pay at the rate of $200 41 per year provided they continue to be otherwise eligible. 42 (b) in the city of New York, or in the county of Rockland, Westches- 43 ter, Nassau, or Suffolk shall continue to receive a downstate adjustment 44 at the rate of $3,026 effective October 1, 2008. Such amount shall 45 increase to $3,087 effective April 1, 2023. Such amount shall increase 46 to $3,400 effective April 1, 2024. Such amount shall increase to $4,000 47 effective April 1, 2025. 48 (c) in the county of Dutchess, Orange, or Putnam shall continue to 49 receive a mid-Hudson adjustment at the rate of $1,513 effective October 50 1, 2008. Such amount shall increase to $1,543 effective April 1, 2023. 51 Such amount shall increase to $1,650 effective April 1, 2024. Such 52 amount shall increase to $2,000 effective April 1, 2025. 53 3. Such location payments shall be in addition to and shall not be a 54 part of an employee's basic annual salary and shall not affect or impair 55 any advancements or other rights or benefits to which an employee may be 56 entitled by law, provided, however, that location payments shall beA. 7766 21 1 included as compensation for purposes of computation of overtime pay and 2 for retirement purposes. 3 4. For the sole purpose of continuing eligibility for location pay in 4 Monroe county, an employee previously eligible to receive location pay 5 on March 31, 1985 who is on an approved leave of absence or participates 6 in an employer program to reduce to part-time service during summer 7 months shall continue to be eligible for said location pay upon return 8 to full-time state service in Monroe county. 9 § 9. Continuation of location compensation for certain officers and 10 employees of the Hudson Valley developmental disabilities services 11 office. 1. Notwithstanding any law, rule or regulation to the contrary, 12 any officer or employee of the Hudson Valley developmental disabilities 13 services office not represented in collective negotiating units estab- 14 lished pursuant to article 14 of the civil service law who is receiving 15 location pay pursuant to section 5 of chapter 174 of the laws of 1993 16 shall continue to receive such location pay under the conditions and at 17 the rates specified by such section. 18 2. Notwithstanding section eight of this act or any other law, rule or 19 regulation to the contrary, any officer or employee of the Hudson Valley 20 developmental disabilities services office not represented in collective 21 negotiating units established pursuant to article 14 of the civil 22 service law who is receiving location pay pursuant to said section eight 23 of this act shall continue to be eligible for such location pay if such 24 officer's or employee's principal place of employment is changed to a 25 location outside of the county of Rockland as the result of a reduction 26 or redeployment of staff, provided, however, that such officer or 27 employee is reassigned to or otherwise appointed or promoted to a 28 different position at another work location within such Hudson Valley 29 developmental disabilities services office located outside of the county 30 of Rockland. The rate of such continued location pay shall not exceed 31 the rate such officer or employee is receiving on the date of such reas- 32 signment, appointment, or promotion. 33 § 10. Overtime meal allowance. Notwithstanding any other provision of 34 law to the contrary, individuals in positions in the classified service 35 of the state of New York designated managerial or confidential pursuant 36 to article 14 of the civil service law, shall continue to receive, 37 effective April 1, 2011, an overtime meal allowance in the amount of 38 $5.50 pursuant to eligibility guidelines developed by the director of 39 employee relations. 40 § 11. Effect of participation in special annuity program. No officer 41 or employee participating in a special annuity program pursuant to the 42 provisions of article 8-C of the education law shall, by reason of an 43 increase in compensation pursuant to this act, suffer any reduction of 44 the salary adjustment to which that employee would otherwise be entitled 45 by reason of participation in such program, and such salary adjustment 46 shall be based upon the salary of such officer or employee without 47 regard to the reduction authorized by such article. 48 § 12. 1. Notwithstanding the provisions of any other section of this 49 act or any other provision of law to the contrary, any increase in 50 compensation provided: (a) in this act, or (b) as a result of a 51 promotion, appointment, or advancement to a position in a higher salary 52 grade, or (c) pursuant to paragraph (c) of subdivision 6 of section 131 53 of the civil service law, or (d) pursuant to paragraph (b) of subdivi- 54 sion 8 of section 130 of the civil service law, or (e) pursuant to para- 55 graph (a) of subdivision 3 of section 13 of chapter 732 of the laws of 56 1988, as amended, may be withheld in whole or in part from any officerA. 7766 22 1 or employee when, in the opinion of the director of the budget, such 2 withholding is necessary to reflect the job performance of such officer 3 or employee, or to maintain appropriate salary relationships among offi- 4 cers or employees of the state, or to reduce state expenditures to 5 acceptable levels or when, in the opinion of the director of the budget, 6 such increase is not warranted or is not appropriate. As a result of an 7 exercise of the director's authority under this act to withhold any 8 increase, such salary schedules as defined in section one of this act 9 shall be implemented and/or modified by the director of the budget, as 10 necessary, consistent with the provision or withholding of such 11 increases pursuant to this section. 12 2. Notwithstanding the provisions of any other section of this act, 13 the salary increase provided for in this act shall not be implemented 14 until the director of the budget delivers notice to the state comp- 15 troller that such amounts may be paid. 16 § 13. Notwithstanding any provision of law to the contrary, the appro- 17 priations contained in this act shall be available to the state for the 18 payment of grievance settlements and awards pursuant to executive order 19 42, dated October 14, 1970, and title 9, part 560, official compilation 20 of codes, rules and regulations of the state of New York. 21 § 14. Date of entitlement to salary increase. Notwithstanding the 22 provisions of this act or of any other law, the increase in salary or 23 compensation of any officer or employee provided by this act shall be 24 added to the salary or compensation of such officer or employee at the 25 beginning of that payroll period the first day of which is nearest to 26 the effective date of such increases as provided in this act, or at the 27 beginning of the earlier of two payroll periods the first days of which 28 are nearest but equally near to the effective dates of such increases as 29 provided in this act, provided, however, that for the purposes of deter- 30 mining the salary of such officer or employee upon reclassification, 31 reallocation, appointment, promotion, transfer, demotion, reinstatement 32 or other change of status, such salary increase shall be deemed to be 33 effective on the date thereof as prescribed in this act, and the payment 34 thereof pursuant to this section on a date prior thereto, instead of on 35 such effective date, shall not operate to confer any additional salary 36 rights or benefits on such officer or employee. Payment of such salary 37 increase may be deferred pursuant to section fifteen of this act. 38 § 15. Deferred payment of salary increases. Notwithstanding the 39 provisions of any other section of this act or any other provision of 40 law to the contrary, pending payment pursuant to this act of the basic 41 annual salaries of incumbents of positions subject to this act, such 42 incumbents shall receive, as partial compensation for services rendered, 43 the rate of salary and other compensation otherwise payable in their 44 respective positions. An incumbent holding a position subject to this 45 act at any time during the period from April 1, 2023, until the time 46 when basic annual salaries and other compensation due are first paid 47 pursuant to this act for such services in excess of the salary and other 48 compensation actually received therefor, shall be entitled to a lump sum 49 payment for the difference between the salary and other compensation to 50 which such incumbent is entitled for such services and the salary and 51 other compensation actually received. 52 § 16. Use of appropriations. Notwithstanding any provision of the 53 state finance law or any other provision of law to the contrary, the 54 state comptroller is authorized to pay any amounts required during the 55 fiscal year commencing April 1, 2023 by the provisions of this act for 56 any state department or agency from any appropriation or other fundsA. 7766 23 1 available to such state department or agency for personal service or for 2 other related employee benefits during such fiscal year. To the extent 3 that such appropriations are insufficient in any fund to accomplish the 4 purposes herein set forth, the director of the budget is authorized to 5 allocate to the various departments and agencies, from any appropri- 6 ations available in any fund, the amounts necessary to pay such amounts. 7 The aforementioned appropriations shall be available for payment of any 8 liabilities or obligations incurred prior to April 1, 2023 in addition 9 to current liabilities. 10 § 17. Notwithstanding any provision of the state finance law or any 11 other provision of law to the contrary, the sum of $114,000,000 is here- 12 by appropriated in the general fund/state purposes account (10050) in 13 miscellaneous-all state departments and agencies solely for 14 apportionment/transfer by the director of the budget for use by any 15 state department or agency in any fund for the state fiscal year April 16 1, 2023 through March 31, 2024 to supplement appropriations for personal 17 service, other than personal service and fringe benefits, and to carry 18 out the provisions of this act. No money shall be available for expendi- 19 ture from this appropriation until a certificate of approval has been 20 issued by the director of the budget and a copy of such certificate or 21 any amendment thereto has been filed with the state comptroller, the 22 chair of the senate finance committee and the chair of the assembly ways 23 and means committee. The monies hereby appropriated are available for 24 payment of any liabilities or obligations incurred prior to or during 25 the state fiscal year April 1, 2023 through March 31, 2024. For this 26 purpose, the monies appropriated shall remain in full force and effect 27 for the payment of liabilities incurred on or before March 31, 2024. 28 § 18. This act shall take effect immediately and shall be deemed to 29 have been in full force and effect on and after April 1, 2023. Appropri- 30 ations made by this act shall remain in full force and effect for 31 liabilities incurred through March 31, 2024. ------------------------------------------------------------------------ REPEAL NOTE.--Subparagraphs 1 and 2 of paragraph d 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 who are officers and employees excluded from representation and are replaced by revised sala- ry schedules in new subparagraphs 1, 2 and 3. Subdivision 1 of section 19 of the correction law, repealed by section two of this act, provided for salaries for certain superintendents of correction facilities, and is replaced by a new subdivision 1. 32 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 33 sion, section or part contained in any part of this act shall be 34 adjudged by any court of competent jurisdiction to be invalid, such 35 judgment shall not affect, impair, or invalidate the remainder thereof, 36 but shall be confined in its operation to the clause, sentence, para- 37 graph, subdivision, section or part contained in any part thereof 38 directly involved in the controversy which such judgment shall have been 39 rendered. It is hereby declared to be the intent of the legislature that 40 this act would have been enacted even if such invalid provisions had not 41 been included herein. 42 § 3. This act shall take effect immediately provided, however, that 43 the applicable effective date of Parts A through B of this act shall be 44 as specifically set forth in the last section of such Part.
