Bill Text: NY S07232 | 2021-2022 | 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.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Passed) 2021-06-11 - SIGNED CHAP.150 [S07232 Detail]
Download: New_York-2021-S07232-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7232 2021-2022 Regular Sessions IN SENATE June 7, 2021 ___________ Introduced by Sen. JACKSON -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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 The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs 1, 2 and 3 of paragraph c of subdivision 1 of 2 section 130 of the civil service law is REPEALED and four new subpara- 3 graphs 1, 2, 3 and 4 are added to read as follows: 4 (1) Effective April fourth, two thousand nineteen for officers and 5 employees on the administrative payroll and effective March twenty- 6 eighth, two thousand nineteen for officers and employees on the institu- 7 tional payroll: 8 PS&T SALARY SCHEDULE 9 EFFECTIVE April 4, 2019 (ADMIN) 10 EFFECTIVE March 28, 2019 (INST) 11 HIRING JOB ADVANCE JOB RATE 12 SG RATE RATE AMOUNT ADVANCE 13 1 $23,778 $30,682 $987 $982 14 2 $24,680 $31,923 $1,035 $1,033 15 3 $25,889 $33,483 $1,085 $1,084 16 4 $27,050 $35,042 $1,138 $1,164 17 5 $28,332 $36,715 $1,198 $1,195 18 6 $29,851 $38,651 $1,257 $1,258 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12025-02-1S. 7232 2 1 7 $31,526 $40,742 $1,308 $1,368 2 8 $33,262 $42,895 $1,355 $1,503 3 9 $35,116 $45,200 $1,404 $1,660 4 10 $37,107 $47,709 $1,466 $1,806 5 11 $39,233 $50,405 $1,562 $1,800 6 12 $41,434 $53,081 $1,615 $1,957 7 13 $43,846 $56,107 $1,679 $2,187 8 14 $46,364 $59,186 $1,794 $2,058 9 15 $48,988 $62,457 $1,861 $2,303 10 16 $51,736 $65,849 $1,932 $2,521 11 17 $54,639 $69,558 $2,024 $2,775 12 18 $57,736 $73,418 $1,983 $3,784 13 19 $60,864 $77,301 $2,065 $4,047 14 20 $63,981 $81,172 $2,151 $4,285 15 21 $67,373 $85,425 $2,246 $4,576 16 22 $70,995 $89,886 $2,340 $4,851 17 23 $74,750 $94,548 $2,437 $5,176 18 24 $78,731 $99,394 $2,531 $5,477 19 25 $83,075 $104,711 $2,639 $5,802 20 26 $87,451 $107,795 $2,746 $3,868 21 27 $92,183 $113,542 $2,891 $4,013 22 28 $97,039 $119,181 $3,003 $4,124 23 29 $102,125 $125,075 $3,118 $4,242 24 30 $107,462 $131,215 $3,233 $4,355 25 31 $113,189 $137,791 $3,354 $4,478 26 32 $119,208 $144,599 $3,467 $4,589 27 33 $125,692 $151,882 $3,581 $4,704 28 34 $132,387 $159,447 $3,705 $4,830 29 35 $139,250 $167,145 $3,825 $4,945 30 36 $146,249 $175,064 $3,956 $5,079 31 37 $153,925 $183,601 $4,079 $5,202 32 38 $143,605 33 (2) Effective April second, two thousand twenty for officers and 34 employees on the administrative payroll and effective March twenty- 35 sixth, two thousand twenty for officers and employees on the institu- 36 tional payroll: 37 PS&T SALARY SCHEDULE 38 EFFECTIVE April 2, 2020 (ADMIN) 39 EFFECTIVE March 26, 2020 (INST) 40 HIRING JOB ADVANCE JOB RATE 41 SG RATE RATE AMOUNT ADVANCE 42 1 $24,254 $31,297 $1,007 $1,001 43 2 $25,174 $32,564 $1,055 $1,060 44 3 $26,407 $34,150 $1,107 $1,101 45 4 $27,591 $35,740 $1,161 $1,183 46 5 $28,899 $37,447 $1,222 $1,216 47 6 $30,448 $39,423 $1,282 $1,283 48 7 $32,157 $41,555 $1,334 $1,394 49 8 $33,927 $43,753 $1,382 $1,534 50 9 $35,818 $46,103 $1,432 $1,693 51 10 $37,849 $48,662 $1,495 $1,843 52 11 $40,018 $51,410 $1,593 $1,834 53 12 $42,263 $54,140 $1,647 $1,995 54 13 $44,723 $57,231 $1,713 $2,230S. 7232 3 1 14 $47,291 $60,371 $1,830 $2,100 2 15 $49,968 $63,705 $1,898 $2,349 3 16 $52,771 $67,169 $1,970 $2,578 4 17 $55,732 $70,946 $2,064 $2,830 5 18 $58,891 $74,887 $2,022 $3,864 6 19 $62,081 $78,849 $2,106 $4,132 7 20 $65,261 $82,794 $2,194 $4,369 8 21 $68,720 $87,133 $2,291 $4,667 9 22 $72,415 $91,684 $2,386 $4,953 10 23 $76,245 $96,441 $2,485 $5,286 11 24 $80,306 $101,379 $2,581 $5,587 12 25 $84,737 $106,802 $2,691 $5,919 13 26 $89,200 $109,951 $2,801 $3,945 14 27 $94,027 $115,813 $2,948 $4,098 15 28 $98,980 $121,565 $3,063 $4,207 16 29 $104,168 $127,577 $3,180 $4,329 17 30 $109,611 $133,839 $3,298 $4,440 18 31 $115,453 $140,547 $3,421 $4,568 19 32 $121,592 $147,491 $3,536 $4,683 20 33 $128,206 $154,920 $3,653 $4,796 21 34 $135,035 $162,636 $3,779 $4,927 22 35 $142,035 $170,488 $3,901 $5,047 23 36 $149,174 $178,565 $4,035 $5,181 24 37 $157,004 $187,273 $4,161 $5,303 25 38 $146,477 26 (3) Effective April first, two thousand twenty-one for officers and 27 employees on the administrative payroll and effective March twenty- 28 fifth, two thousand twenty-one for officers and employees on the insti- 29 tutional payroll: 30 PS&T SALARY SCHEDULE 31 EFFECTIVE April 1, 2021 (ADMIN) 32 EFFECTIVE March 25, 2021 (INST) 33 HIRING JOB ADVANCE JOB RATE 34 SG RATE RATE AMOUNT ADVANCE 35 1 $24,739 $31,922 $1,027 $1,021 36 2 $25,677 $33,216 $1,076 $1,083 37 3 $26,935 $34,835 $1,129 $1,126 38 4 $28,143 $36,456 $1,184 $1,209 39 5 $29,477 $38,198 $1,246 $1,245 40 6 $31,057 $40,214 $1,308 $1,309 41 7 $32,800 $42,389 $1,361 $1,423 42 8 $34,606 $44,625 $1,409 $1,565 43 9 $36,534 $47,028 $1,461 $1,728 44 10 $38,606 $49,637 $1,525 $1,881 45 11 $40,818 $52,438 $1,625 $1,870 46 12 $43,108 $55,223 $1,680 $2,035 47 13 $45,617 $58,374 $1,747 $2,275 48 14 $48,237 $61,575 $1,867 $2,136 49 15 $50,967 $64,981 $1,936 $2,398 50 16 $53,826 $68,511 $2,010 $2,625 51 17 $56,847 $72,364 $2,105 $2,887 52 18 $60,069 $76,387 $2,063 $3,940 53 19 $63,323 $80,429 $2,148 $4,218 54 20 $66,566 $84,450 $2,238 $4,456 55 21 $70,094 $88,877 $2,337 $4,761 56 22 $73,863 $93,519 $2,434 $5,052S. 7232 4 1 23 $77,770 $98,372 $2,535 $5,392 2 24 $81,912 $103,405 $2,633 $5,695 3 25 $86,432 $108,935 $2,745 $6,033 4 26 $90,984 $112,150 $2,857 $4,024 5 27 $95,908 $118,129 $3,007 $4,179 6 28 $100,960 $123,996 $3,124 $4,292 7 29 $106,251 $130,129 $3,244 $4,414 8 30 $111,803 $136,516 $3,364 $4,529 9 31 $117,762 $143,358 $3,490 $4,656 10 32 $124,024 $150,441 $3,607 $4,775 11 33 $130,770 $158,018 $3,726 $4,892 12 34 $137,736 $165,889 $3,855 $5,023 13 35 $144,876 $173,898 $3,979 $5,148 14 36 $152,157 $182,136 $4,116 $5,283 15 37 $160,144 $191,018 $4,244 $5,410 16 38 $149,407 17 (4) Effective March thirty-first, two thousand twenty-two for officers 18 and employees on the administrative payroll and effective April seventh, 19 two thousand twenty-two for officers and employees on the institutional 20 payroll: 21 PS&T SALARY SCHEDULE 22 EFFECTIVE March 31, 2022 (ADMIN) 23 EFFECTIVE April 7, 2022 (INST) 24 HIRING JOB ADVANCE JOB RATE 25 SG RATE RATE AMOUNT ADVANCE 26 1 $25,234 $32,558 $1,048 $1,036 27 2 $26,191 $33,878 $1,098 $1,099 28 3 $27,474 $35,531 $1,152 $1,145 29 4 $28,706 $37,184 $1,208 $1,230 30 5 $30,067 $38,961 $1,271 $1,268 31 6 $31,678 $41,018 $1,334 $1,336 32 7 $33,456 $43,236 $1,388 $1,452 33 8 $35,298 $45,518 $1,438 $1,592 34 9 $37,265 $47,968 $1,490 $1,763 35 10 $39,378 $50,628 $1,556 $1,914 36 11 $41,634 $53,490 $1,657 $1,914 37 12 $43,970 $56,324 $1,714 $2,070 38 13 $46,529 $59,542 $1,782 $2,321 39 14 $49,202 $62,806 $1,904 $2,180 40 15 $51,986 $66,278 $1,974 $2,448 41 16 $54,903 $69,882 $2,050 $2,679 42 17 $57,984 $73,813 $2,148 $2,941 43 18 $61,270 $77,912 $2,104 $4,018 44 19 $64,589 $82,036 $2,191 $4,301 45 20 $67,897 $86,140 $2,283 $4,545 46 21 $71,496 $90,657 $2,383 $4,863 47 22 $75,340 $95,392 $2,483 $5,154 48 23 $79,325 $100,342 $2,586 $5,501 49 24 $83,550 $105,472 $2,686 $5,806 50 25 $88,161 $111,111 $2,800 $6,150 51 26 $92,804 $114,393 $2,914 $4,105 52 27 $97,826 $120,492 $3,067 $4,264 53 28 $102,979 $126,476 $3,186 $4,381 54 29 $108,376 $132,732 $3,309 $4,502 55 30 $114,039 $139,246 $3,431 $4,621 56 31 $120,117 $146,225 $3,559 $4,754S. 7232 5 1 32 $126,504 $153,450 $3,679 $4,872 2 33 $133,385 $161,178 $3,800 $4,993 3 34 $140,491 $169,207 $3,932 $5,124 4 35 $147,774 $177,376 $4,059 $5,248 5 36 $155,200 $185,779 $4,198 $5,391 6 37 $163,347 $194,838 $4,329 $5,517 7 38 $152,395 8 § 2. Compensation for certain state officers and employees in collec- 9 tive negotiating units. 1. The provisions of this section shall apply to 10 annual-salaried officers and employees in the collective negotiating 11 unit designated as the professional, scientific and technical services 12 unit established pursuant to article 14 of the civil service law. 13 2. Effective April fourth, two thousand nineteen for officers and 14 employees on the administrative payroll and effective March twenty- 15 eighth, two thousand nineteen for officers and employees on the institu- 16 tional payroll, the basic annual salary of officers and employees in 17 full-time employment status on the day before such payroll period shall 18 be increased by two percent adjusted to the nearest whole dollar amount. 19 3. Effective April second, two thousand twenty for officers and 20 employees on the administrative payroll and effective March twenty- 21 sixth, two thousand twenty for officers and employees on the institu- 22 tional payroll, the basic annual salary of officers and employees in 23 full-time employment status on the day before such payroll period shall 24 be increased by two percent adjusted to the nearest whole dollar amount. 25 4. Effective April first, two thousand twenty-one for officers and 26 employees on the administrative payroll and effective March twenty- 27 fifth, two thousand twenty-one for officers and employees on the insti- 28 tutional payroll, the basic annual salary of officers and employees in 29 full-time employment status on the day before such payroll period shall 30 be increased by two percent adjusted to the nearest whole dollar amount. 31 5. Effective March thirty-first, two thousand twenty-two for officers 32 and employees on the administrative payroll and effective April seventh, 33 two thousand twenty-two for officers and employees on the institutional 34 payroll, the basic annual salary of officers and employees in full-time 35 employment status on the day before such payroll period shall be 36 increased by two percent adjusted to the nearest whole dollar amount. 37 6. Notwithstanding the provisions of subdivisions two, three, four and 38 five of this section, if the basic annual salary of an officer or 39 employee to whom the provisions of this section apply is identical with 40 the hiring rate or the job rate of the salary grade of his or her posi- 41 tion on the effective dates of the increases provided in these subdivi- 42 sions, such basic annual salary shall be increased to the hiring rate or 43 job rate, respectively, of such salary grade as contained in the appro- 44 priate salary schedules in subparagraphs 1, 2, 3 and 4 of paragraph c of 45 subdivision 1 of section 130 of the civil service law, as added by 46 section one of this act, to take effect on the dates provided in such 47 subparagraphs. Except as herein provided to the contrary, the increases 48 in basic annual salary provided by this subdivision shall be in lieu of 49 any increase in basic annual salary provided for in subdivisions two, 50 three, four and five of this section. 51 7. Payments pursuant to the provisions of subdivision 6 of section 131 52 of the civil service law for annual salaried officers and employees 53 entitled to such payments to whom the provisions of this section apply 54 shall be payable in accordance with the terms of an agreement reached 55 pursuant to article 14 of the civil service law between the state and anS. 7232 6 1 employee organization representing employees subject to the provisions 2 of this section. 3 8. If an unencumbered position is one which if encumbered, would be 4 subject to the provisions of this section, the salary of such position 5 shall be increased by the salary increase amounts specified in this 6 section. If a position is created, and filled by the appointment of an 7 officer or employee who is subject to the provisions of this section, 8 the salary otherwise provided for such position shall be increased in 9 the same manner as though such position had been in existence but unen- 10 cumbered. Notwithstanding the provisions of this section, the director 11 of the budget may reduce the salary of any such position which is or 12 becomes vacant. 13 9. The increases in salary provided in subdivisions two, three, four 14 and five of this section shall apply on a prorated basis to officers and 15 employees, otherwise eligible to receive an increase in salary, who are 16 paid on an hourly or per diem basis, employees serving on a part-time or 17 seasonal basis, and employees paid on any basis other than at an annual 18 salary rate. Notwithstanding the foregoing, the provisions of subdivi- 19 sions six, seven and fourteen of this section shall not apply to employ- 20 ees serving on a per diem or seasonal basis, except as determined by the 21 director of the budget. 22 10. In order to provide for the officers and employees to whom this 23 section applies but are not allocated to salary grades, but are paid on 24 an annual basis, increases and payments pursuant to subdivisions seven 25 and fourteen of this section in proportion to those provided to persons 26 to whom this section applies who are allocated to salary grades, the 27 director of the budget is authorized to add appropriate adjustments 28 and/or payments to the compensation which such officers and employees 29 are otherwise entitled to receive. The director of the budget shall 30 issue certificates which shall contain schedules of positions and the 31 salaries and/or payments thereof for which adjustments and/or payments 32 are made pursuant to the provisions of this subdivision, and a copy of 33 each such certificate shall be filed with the state comptroller, the 34 department of civil service, the chair of the senate finance committee 35 and the chair of the assembly ways and means committee. 36 11. Notwithstanding any other provision of this section, the 37 provisions of this section shall not apply to officers or employees paid 38 on a fee schedule basis, provided however, that the increases in basic 39 annual salary provided for in subdivisions two, three, four and five of 40 this section shall apply to fire instructors paid on a fee schedule 41 basis employed by the division of homeland security and emergency 42 services. 43 12. Notwithstanding any other provision of this section, except subdi- 44 vision one, any increase in compensation for any officer or employee 45 appointed to a lower graded position from a redeployment list pursuant 46 to subdivision 1 of section 79 of the civil service law who continues to 47 receive his or her former salary pursuant to such subdivision shall be 48 determined on the basis of such lower graded position provided, however, 49 that the increase in salary provided in this section shall not cause 50 such officer's or employee's salary to exceed the job rate of such lower 51 graded position. 52 13. Notwithstanding any other provision of this section or any law to 53 the contrary, any increase in compensation may be withheld in whole or 54 in part from any employee to whom the provisions of this section are 55 applicable when, in the opinion of the director of the budget and theS. 7232 7 1 director of employee relations, such increase is not warranted or is not 2 appropriate for any reason. 3 14. Notwithstanding any law, rule or regulation to the contrary, offi- 4 cers and employees to whom the provisions of this section apply shall 5 receive performance awards in accordance with the terms of a collective- 6 ly negotiated agreement between the state and the employee organization 7 representing such employees entered into pursuant to article 14 of the 8 civil service law, effective for the period commencing April 2, 2019 and 9 ending April 1, 2023, in accordance with the rules and regulations 10 issued by the director of the budget to implement payment of such nego- 11 tiated performance awards. 12 § 3. Location compensation for certain state officers and employees. 13 Notwithstanding any inconsistent provisions of law, officers and employ- 14 ees, including seasonal officers and employees who shall continue to 15 receive the compensation provided for pursuant to this section on a 16 pro-rated basis except part-time officers and employees, in the collec- 17 tive negotiating unit designated as the professional, scientific and 18 technical services unit established pursuant to article 14 of the civil 19 service law, whose principal place of employment or, in the case of a 20 field employee, whose official station as determined in accordance with 21 the regulations of the comptroller, is located: (a) in the county of 22 Monroe and who were eligible to receive location pay on March 31, 1985, 23 shall receive location pay at the rate of two hundred dollars per year 24 provided they continue to be otherwise eligible; or (b) in the city of 25 New York, or in the county of Rockland, Westchester, Nassau or Suffolk 26 shall continue to receive a downstate adjustment at the annual rate of 27 three thousand twenty-six dollars effective April 1, 2011; or (c) in the 28 county of Dutchess, Putnam or Orange shall continue to receive a mid- 29 Hudson adjustment at the annual rate of one thousand five hundred thir- 30 teen dollars effective April 1, 2011. Such location payments shall be 31 in addition to and shall not be a part of an officer's or employee's 32 basic annual salary, and shall not affect or impair any performance 33 advancements or other rights or benefits to which an officer or employee 34 may be entitled by law, provided, however, that location payments shall 35 be included as compensation for purposes of computation of overtime pay 36 and for retirement purposes. For the sole purpose of continuing eligi- 37 bility for location pay in Monroe county, an officer or employee previ- 38 ously eligible to receive location pay on March 31, 1985 who is on an 39 approved leave of absence or participates in an employer program to 40 reduce to part-time service during summer months shall continue to be 41 eligible for said location pay upon return to full-time state service in 42 Monroe county. 43 § 4. Continuation of location compensation for certain officers and 44 employees of the Hudson Valley developmental disabilities services 45 office. 1. Notwithstanding any law, rule or regulation to the contrary, 46 any officer or employee of the Hudson Valley developmental disabilities 47 services office represented in the collective negotiating unit desig- 48 nated as the professional, scientific and technical services unit, who 49 is receiving location pay pursuant to section 5 of chapter 174 of the 50 laws of 1993 shall continue to receive such location pay under the 51 conditions and at the rate specified by such section. 52 2. Notwithstanding any law, rule or regulation to the contrary, any 53 officer or employee of the Hudson Valley developmental disabilities 54 services office represented in the collective negotiating unit desig- 55 nated as the professional, scientific and technical services unit, who 56 is receiving location pay pursuant to subdivision 2 of section 9 ofS. 7232 8 1 chapter 315 of the laws of 1995 shall continue to receive such location 2 pay under the conditions and at the rates specified by such subdivision. 3 3. Notwithstanding section three of this act or any other law, rule or 4 regulation to the contrary, any officer or employee of the Hudson Valley 5 developmental disabilities services office represented in the collective 6 negotiating unit designated as the professional, scientific and techni- 7 cal services unit, who is receiving location pay pursuant to section 8 three of this act shall continue to be eligible for such location pay if 9 as the result of a reduction or redeployment of staff, such officer or 10 employee is reassigned to or otherwise appointed or promoted to a 11 different position at another work location within the Hudson Valley 12 developmental disabilities services office. The rate of such continued 13 location pay shall not exceed the rate such officer or employee is 14 receiving on the date of such reassignment, appointment or promotion. 15 § 5. Special assignment to duty pay. Notwithstanding any inconsistent 16 provisions of law, effective April 2, 2019, where and to the extent 17 that, an agreement between the state and an employee organization 18 entered into pursuant to article 14 of the civil service law so 19 provides, a special assignment to duty lump sum shall be paid each year 20 to an employee who is serving in a particular assignment deemed quali- 21 fied pursuant to such agreement. Such payment shall be in an amount 22 negotiated for those employees assigned to qualifying work assignments 23 and who work such assignments for the minimum periods of time in a year 24 provided in the negotiated agreement. Assignment to duty pay shall not 25 be paid in any year an employee does not meet the minimum period of time 26 in such qualifying assignment required by the agreement or upon cessa- 27 tion of the assignment to duty program on April 1, 2023 unless an exten- 28 sion is negotiated by the parties. Such lump sum shall be considered 29 salary only for final average salary retirement purposes. 30 § 6. Long term seasonal employees. Notwithstanding any inconsistent 31 provisions of law, effective April 2, 2019, where and to the extent 32 that, an agreement between the state and an employee organization 33 entered into pursuant to article 14 of the civil service law so 34 provides, a lump sum shall be paid each year to an employee who is serv- 35 ing in a qualifying long term seasonal position. Such payment shall be 36 in an amount negotiated and pursuant to negotiated qualifying criteria 37 and shall be considered salary only for final average salary retirement 38 purposes. Such benefit shall be available until March 31, 2023. 39 § 7. Notwithstanding any inconsistent provisions of law, where and to 40 the extent that an agreement between the state and an employee organiza- 41 tion entered into pursuant to article 14 of the civil service law so 42 provides on behalf of employees in the collective negotiating unit 43 designated as the professional, scientific and technical services unit 44 established pursuant to article 14 of the civil service law, the state 45 shall contribute an amount designated in such agreement and for the 46 period covered by such agreement to the accounts of such employees 47 enrolled for dependent care deductions pursuant to subdivision 7 of 48 section 201-a of the state finance law. Such amounts shall be from 49 funds appropriated in this act and shall not be part of basic annual 50 salary for overtime or retirement purposes. 51 § 8. Notwithstanding any provision of law to the contrary, the appro- 52 priations contained in this act shall be available to the state for the 53 payment and publication of grievance and arbitration settlements and 54 awards pursuant to articles 33 and 34 of the collective negotiating 55 agreement between the state and the employee organization representing 56 the collective negotiating unit designated as the professional, scien-S. 7232 9 1 tific and technical services unit established pursuant to article 14 of 2 the civil service law. 3 § 9. During the period April 2, 2019 through April 1, 2023, there 4 shall be a statewide labor-management committee continued and adminis- 5 tered pursuant to the terms of the agreement negotiated between the 6 state and an employee organization representing employees in the collec- 7 tive negotiating unit designated as the professional, scientific and 8 technical services unit established pursuant to article 14 of the civil 9 service law which shall after April 2, 2019, have the responsibility of 10 studying, making recommendations concerning the major issues of produc- 11 tivity, the quality of work life and implementing the agreements 12 reached. 13 § 10. Inconvenience pay program. Pursuant to chapter 333 of the laws 14 of 1969, as amended, and an agreement negotiated between the state and 15 an employee organization representing employees in the professional, 16 scientific and technical services unit established pursuant to article 17 14 of the civil service law, an eligible employee shall continue to be 18 paid five hundred seventy-five dollars per year for working four or more 19 hours between the hours of 6:00 p.m. and 6:00 a.m. effective April 2, 20 2011. 21 § 11. Notwithstanding any provision of law to the contrary, effective 22 April 2, 2019, where and to the extent that an agreement between the 23 state and an employee organization so provides for a program concerning 24 a firearms training and safety incentive for peace officers in the 25 professional, scientific and technical services bargaining unit, a lump 26 sum payment for such incentive shall be paid for each year of such 27 program to any employee who is deemed qualified pursuant to such agree- 28 ment. Such payment shall be in an amount negotiated for those employees 29 who meet criteria established by such program. Such payment shall occur 30 at the time prescribed by such program or as soon as practicable there- 31 after. Such lump sum payment shall not be paid in any year an employee 32 does not meet the qualifications and criteria of such program or upon 33 cessation of such program on April 1, 2023 unless an extension is nego- 34 tiated by the parties. Such lump sum payment shall be considered salary 35 for overtime purposes. 36 § 12. Notwithstanding any provision of law to the contrary, effective 37 April 2, 2019, where and to the extent that an agreement between the 38 state and an employee organization entered into pursuant to article 14 39 of the civil service law so provides on behalf of certain employees in 40 the collective negotiating unit designated as the professional, scien- 41 tific and technical services unit, and where there exists a policy 42 requiring employees in the fire protection specialist title series at 43 the office of fire prevention and control to wear uniforms, a lump sum 44 uniform allowance shall be paid to covered employees in accordance with 45 the terms of such agreement and policy. Such payments shall be in an 46 amount negotiated for covered employees and shall not be paid in any 47 year where a policy does not exist requiring uniforms in accordance with 48 the terms of the agreement or where an employee is not required to wear 49 a uniform or receives a regular uniform service. Such uniform allowance 50 will cease to exist on April 1, 2023, unless an extension is negotiated 51 by the parties. Such lump sum shall be considered salary only for final 52 average salary purposes. 53 § 13. (a) Notwithstanding any provision of law to the contrary, as 54 soon as practicable after the ratification of the collective bargaining 55 agreement, where and to the extent that an agreement between the state 56 and an employee organization so provides for a nurses uniform mainte-S. 7232 10 1 nance and cleaning allowance for the purpose of maintaining and cleaning 2 their own nurses uniforms, such allowance shall be paid to eligible 3 full-time annual salaried employees in nursing titles. The payment for 4 such allowance shall be a one-time lump sum payment in the amount of 5 five hundred dollars but shall not be added to base annual salary and 6 shall not be considered salary for overtime nor retirement purposes. The 7 payment for such allowance shall be pro-rated for individuals who are 8 less than full-time annual salaried. 9 (b) Notwithstanding any provision of law to the contrary, employees in 10 eligible titles who fall under the pilot workers compensation program 11 that was collectively negotiated by the state and an employee organiza- 12 tion shall be paid in accordance with the terms of that agreed upon 13 program. 14 § 14. The salary increases and benefit modifications provided for by 15 this act for state employees in the collective negotiating unit desig- 16 nated as the professional, scientific and technical services unit estab- 17 lished pursuant to article 14 of the civil service law shall not be 18 implemented until the director of employee relations shall have deliv- 19 ered to the director of the budget and the comptroller a letter certify- 20 ing that there is in effect with respect to such negotiating unit a 21 collectively negotiated agreement, ratified by the membership, which 22 provides for such increases and modifications and which are fully 23 executed in writing with the state pursuant to article 14 of the civil 24 service law. 25 § 15. Date of entitlement to salary increases. Notwithstanding the 26 provisions of this act or of any other provision of law to the contrary, 27 the increases in salary or compensation to employees provided by this 28 act shall be added to the salary of such employee at the beginning of 29 that payroll period, the first day of which is nearest to the effective 30 dates of such increases as provided in this act, or at the beginning of 31 the earlier of two payroll periods, the first days of which are nearest 32 but equally near to the effective dates of such increases as provided in 33 this act; provided, however, that, for the purposes of determining the 34 salary of such unit members upon reclassification, reallocation, 35 appointment, promotion, transfer, demotion, reinstatement, or other 36 change of status, such salary increases shall be deemed to be effective 37 on the dates thereof as prescribed by this act, with payment thereof 38 pursuant to this section on a date prior thereto, instead of on such 39 effective dates, and shall not operate to confer any additional salary 40 rights or benefits on such unit members. Payment of such salary 41 increases may be deferred pursuant to section sixteen of this act. 42 § 16. Deferred payment of salary increase. Notwithstanding the 43 provisions of any other section of this act or any other provision of 44 law to the contrary, pending payment pursuant to this act of the basic 45 annual salaries of incumbents of positions subject to this act, such 46 incumbents shall receive, as partial compensation for services rendered, 47 the rate of salary and other compensation otherwise payable in their 48 respective positions. An incumbent holding a position subject to this 49 act at any time during the period from April 1, 2019, until the time 50 when basic annual salaries and other compensation due are first paid 51 pursuant to this act for such services in excess of the salary and other 52 compensation actually received therefor, shall be entitled to a lump sum 53 payment for the difference between the salary and other compensation to 54 which such incumbent is entitled for such services and the salary and 55 other compensation actually received pursuant to the terms of an agree-S. 7232 11 1 ment between the state and the employee organization representing the 2 employees covered by this act. 3 § 17. Use of appropriations. Notwithstanding any provision of the 4 state finance law or any other provision of law to the contrary, the 5 state comptroller is authorized to pay any amounts required during the 6 fiscal year commencing April 1, 2019, April 1, 2020 or April 1, 2021, by 7 the provisions of this act for any state department or agency from any 8 appropriation or other funds available to such state department or agen- 9 cy for personal service or for other related employee benefits during 10 such fiscal year. To the extent that such appropriations are insuffi- 11 cient in any fund to accomplish the purposes herein set forth, the 12 director of the budget is authorized to allocate to the various depart- 13 ments and agencies, from any appropriations available in any fund, the 14 amounts necessary to pay such amounts. The aforementioned appropriations 15 shall be available for payment of any liabilities or obligations 16 incurred prior to April 1, 2019, April 1, 2020 or April 1, 2021, in 17 addition to current liabilities. 18 § 18. Effect of participation in special annuity program. No officer 19 or employee participating in a special annuity program pursuant to the 20 provisions of article 8-C of the education law shall, by reason of an 21 increase in compensation pursuant to this act, suffer any reduction of 22 the salary adjustment to which he or she would otherwise be entitled by 23 reason of participation in such program, and such salary adjustment 24 shall be based upon the salary of such officer or employee without 25 regard to the reduction authorized by such article. 26 § 19. Notwithstanding any provision of the state finance law or any 27 other provision of law to the contrary, the sum of $746,248,000 is here- 28 by appropriated in the general fund/state purposes account (10050) in 29 miscellaneous-all state departments and agencies solely for 30 apportionment/transfer by the director of the budget for use by any 31 state department or agency in any fund for the period April 1, 2019 32 through March 31, 2022 to supplement appropriations for personal 33 service, other than personal service and fringe benefits, and to carry 34 out the provisions of this act. No money shall be available for expend- 35 iture from this appropriation until a certificate of approval has been 36 issued by the director of the budget and a copy of such certificate or 37 any amendment thereto has been filed with the state comptroller, the 38 chair of the senate finance committee and the chair of the assembly ways 39 and means committee. The monies hereby appropriated are available for 40 payment of any liabilities or obligations incurred prior to or during 41 the period April 1, 2019 through March 31, 2022. For this purpose, the 42 monies appropriated shall remain in full force and effect for the 43 payment of liabilities incurred on or before March 31, 2022. 44 § 20. The several amounts as hereinafter set forth, or so much thereof 45 as may be necessary, are hereby appropriated from the fund so designated 46 for use by any state department or agency for the period commencing 47 April 1, 2019 through March 31, 2022 to supplement appropriations from 48 each respective fund available for other than personal service and 49 fringe benefits, and to carry out the provisions of this act. The monies 50 hereby appropriated are available for payment of any liabilities or 51 obligations incurred prior to or during the period commencing April 1, 52 2019 through March 31, 2022. No money shall be available for expenditure 53 from the monies appropriated until a certificate of approval has been 54 issued by the director of the budget and a copy of such certificate or 55 any amendment thereto has been filed with the state comptroller, theS. 7232 12 1 chair of the senate finance committee and the chair of the assembly ways 2 and means committee. 3 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES LABOR MANAGEMENT 4 COMMITTEES 5 General Fund/State Operations State Purposes Account - 10050 6 Professional, Scientific and Technical Services Unit 7 Professional development and quality of working life 8 committee.................................................. $1,388,000 9 Health and Safety ............................. $1,802,000 10 PSTP Program ................................. $14,740,000 11 Joint Funded Programs ......................... $2,568,000 12 Multi-Funded Programs ......................... $2,512,000 13 Professional Development for Nurses ........... $1,310,000 14 Property Damage .................................. $54,000 15 Work-Life Services ............................ $6,050,000 16 Joint Committee on Health Benefits ............ $1,310,000 17 Contract Administration .......................... $50,000 18 § 21. This act shall take effect immediately and shall 19 be deemed to have been in full force and effect on and 20 after April 2, 2019. Appropriations made by this act 21 shall remain in full force and effect for liabilities 22 incurred through March 31, 2022. 23 ------------------------------------------------------------------------ 24 REPEAL NOTE.--Subparagraphs 1, 2 and 3 of paragraph c 25 of subdivision 1 of section 130 of the civil service law, 26 repealed by section one of this act, provided a salary 27 schedule for state employees in the professional, scien- 28 tific and technical services unit and is replaced by 29 revised salary schedules in new subparagraphs 1, 2, 3 and 30 4.
