Bill Text: NY S07747 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to compensation, benefits and other terms and conditions of employment of certain state correctional officers and certain other employees employed within the state department of corrections and community supervision; authorizes funding of joint labor-management committees; implements an agreement between the state and an employee organization.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2012-07-18 - SIGNED CHAP.261 [S07747 Detail]
Download: New_York-2011-S07747-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
S. 7747 A. 10720
S E N A T E - A S S E M B L Y
June 17, 2012
___________
IN SENATE -- Introduced by Sen. ROBACH -- (at request of the Governor)
-- read twice and ordered printed, and when printed to be committed to
the Committee on Rules
IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of
A. Abbate) -- (at request of the Governor) -- read once and referred
to the Committee on Ways and Means
AN ACT to amend the civil service law and the state finance law, in
relation to compensation, benefits and other terms and conditions of
employment of certain state correctional officers and certain other
employees employed within the state department of corrections and
community supervision; authorizing funding of joint labor-management
committees; implementing an agreement between the state and an employ-
ee organization; making an appropriation therefor; and repealing
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. Paragraph g of subdivision 1 of section 130 of the civil
2 service law is REPEALED and a new paragraph g is added to read as
3 follows:
4 G. PURSUANT TO THE TERMS OF AN AGREEMENT BETWEEN THE STATE AND AN
5 EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THE
6 CIVIL SERVICE LAW COVERING MEMBERS OF THE COLLECTIVE NEGOTIATING UNIT
7 DESIGNATED AS THE SECURITY SERVICES COLLECTIVE NEGOTIATING UNIT WHO ARE
8 EMPLOYED WITHIN THE STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPER-
9 VISION AND WHO ARE DESIGNATED AS PEACE OFFICERS PURSUANT TO SECTION 2.10
10 OF THE CRIMINAL PROCEDURE LAW, EFFECTIVE ON THE DATES INDICATED, SALARY
11 GRADES FOR SUCH UNIT MEMBERS SHALL BE AS FOLLOWS:
12 (1) EFFECTIVE APRIL SECOND, TWO THOUSAND NINE FOR OFFICERS AND EMPLOY-
13 EES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH TWENTY-SIXTH, TWO
14 THOUSAND NINE FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL PAYROLL:
15 SECURITY SERVICES SALARY SCHEDULE
16 ARBITRATION ELIGIBLE ONLY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12163-04-2
S. 7747 2 A. 10720
1 PERF. PERF. PERF. PERF. PERF.
2 AD- AD- AD- AD- AD-
3 HIR- VANCE VANCE VANCE VANCE VANCE
4 ING STEP STEP STEP STEP STEP
5 SG RATE 1 2 3 4 5
6 1 23964 24896 25828 26760 27692 28624
7 2 24775 25757 26739 27721 28703 29685
8 3 25908 26933 27958 28983 30008 31033
9 4 26994 28075 29156 30237 31318 32399
10 5 28191 29325 30459 31593 32727 33861
11 6 29576 30771 31966 33161 34356 35551
12 7 31153 32395 33637 34879 36121 37363
13 8 32812 34102 35392 36682 37972 39262
14 9 34547 35894 37241 38588 39935 41282
15 10 36413 37829 39245 40661 42077 43493
16 11 38463 39937 41411 42885 44359 45833
17 12 40505 42044 43583 45122 46661 48200
18 13 42821 44427 46033 47639 49245 50851
19 14 45183 46867 48551 50235 51919 53603
20 15 47684 49435 51186 52937 54688 56439
21 16 50277 52107 53937 55767 57597 59427
22 17 53002 54931 56860 58789 60718 62647
23 18 55918 57941 59964 61987 64010 66033
24 19 58873 60987 63101 65215 67329 69443
25 20 61805 64015 66225 68435 70645 72855
26 21 65034 67337 69640 71943 74246 76549
27 22 68416 70855 73294 75733 78172 80611
28 23 72024 74533 77042 79551 82060 84569
29 24 75823 78425 81027 83629 86231 88833
30 25 79954 82668 85382 88096 90810 93524
31 LONG
32 MAX.
33 10-YR 15-YR 20-YR 25-YR
34 JOB PERF. LONG LONG LONG LONG
35 SG RATE ADV. STEP STEP STEP STEP
36 1 29556 932 31203 32652 35268 36718
37 2 30667 982 32408 33942 36631 38164
38 3 32058 1025 33874 35473 38217 39816
39 4 33480 1081 35519 37072 39889 41441
40 5 34995 1134 37005 38773 41666 43435
41 6 36746 1195 38863 40727 43703 45566
42 7 38605 1242 40806 42743 45782 47717
43 8 40552 1290 42840 44852 47957 49970
44 9 42629 1347 45021 47123 50309 52413
45 10 44909 1416 47414 49618 52888 55094
46 11 47307 1474 49914 52211 55562 57859
47 12 49739 1539 52469 54869 58312 60713
48 13 52457 1606 55300 57800 61333 63831
49 14 55287 1684 58265 60885 64518 67138
50 15 58190 1751 61292 64021 67748 70477
51 16 61257 1830 64498 67350 71186 74038
52 17 64576 1929 67987 70989 74954 77956
53 18 68056 2023 71642 74800 78899 82055
54 19 71557 2114 75301 78595 82813 86107
55 20 75065 2210 78982 82430 86780 90229
S. 7747 3 A. 10720
1 21 78852 2303 82935 86530 91007 94600
2 22 83050 2439 87369 91167 95826 99625
3 23 87078 2509 91528 95443 100199 104114
4 24 91435 2602 96045 100103 104987 109045
5 25 96238 2714 101046 105279 110309 114543
6 (2) EFFECTIVE APRIL FIRST, TWO THOUSAND TEN FOR OFFICERS AND EMPLOYEES
7 ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH TWENTY-FIFTH, TWO
8 THOUSAND TEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL PAYROLL:
9 SECURITY SERVICES SALARY SCHEDULE
10 ARBITRATION ELIGIBLE ONLY
11 PERF. PERF. PERF. PERF. PERF.
12 AD- AD- AD- AD- AD-
13 HIR- VANCE VANCE VANCE VANCE VANCE
14 ING STEP STEP STEP STEP STEP
15 SG RATE 1 2 3 4 5
16 1 24923 25892 26861 27830 28799 29768
17 2 25766 26787 27808 28829 29850 30871
18 3 26944 28010 29076 30142 31208 32274
19 4 28074 29198 30322 31446 32570 33694
20 5 29319 30498 31677 32856 34035 35214
21 6 30759 32002 33245 34488 35731 36974
22 7 32399 33691 34983 36275 37567 38859
23 8 34124 35466 36808 38150 39492 40834
24 9 35929 37330 38731 40132 41533 42934
25 10 37870 39343 40816 42289 43762 45235
26 11 40002 41535 43068 44601 46134 47667
27 12 42125 43726 45327 46928 48529 50130
28 13 44534 46204 47874 49544 51214 52884
29 14 46990 48741 50492 52243 53994 55745
30 15 49591 51412 53233 55054 56875 58696
31 16 52288 54191 56094 57997 59900 61803
32 17 55122 57128 59134 61140 63146 65152
33 18 58155 60259 62363 64467 66571 68675
34 19 61228 63427 65626 67825 70024 72223
35 20 64277 66576 68875 71174 73473 75772
36 21 67635 70030 72425 74820 77215 79610
37 22 71153 73690 76227 78764 81301 83838
38 23 74905 77514 80123 82732 85341 87950
39 24 78856 81562 84268 86974 89680 92386
40 25 83152 85975 88798 91621 94444 97267
41 LONG
42 MAX.
43 10-YR 15-YR 20-YR 25-YR
44 JOB PERF. LONG LONG LONG LONG
45 SG RATE ADV. STEP STEP STEP STEP
46 1 30737 969 32450 33957 36677 38185
47 2 31892 1021 33703 35298 38095 39689
48 3 33340 1066 35229 36892 39745 41408
49 4 34818 1124 36939 38554 41483 43097
50 5 36393 1179 38483 40322 43331 45171
51 6 38217 1243 40419 42357 45452 47390
52 7 40151 1292 42440 44455 47615 49627
53 8 42176 1342 44556 46648 49877 51971
S. 7747 4 A. 10720
1 9 44335 1401 46823 49009 52322 54510
2 10 46708 1473 49313 51605 55006 57300
3 11 49200 1533 51911 54300 57785 60174
4 12 51731 1601 54570 57066 60647 63144
5 13 54554 1670 57511 60111 63785 66383
6 14 57496 1751 60593 63318 67096 69821
7 15 60517 1821 63743 66581 70457 73295
8 16 63706 1903 67077 70043 74032 76998
9 17 67158 2006 70705 73828 77951 81073
10 18 70779 2104 74508 77793 82056 85338
11 19 74422 2199 78316 81742 86128 89554
12 20 78071 2299 82145 85731 90255 93842
13 21 82005 2395 86251 89990 94646 98383
14 22 86375 2537 90867 94817 99662 103613
15 23 90559 2609 95187 99259 104205 108276
16 24 95092 2706 99886 104107 109186 113406
17 25 100090 2823 105090 109493 114724 119127
18 (3) EFFECTIVE MARCH TWENTY-SEVENTH, TWO THOUSAND FOURTEEN FOR OFFICERS
19 AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE APRIL THIRD,
20 TWO THOUSAND FOURTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL
21 PAYROLL:
22 SECURITY SERVICES SALARY SCHEDULE
23 ARBITRATION ELIGIBLE ONLY
24 PERF. PERF. PERF. PERF. PERF.
25 AD- AD- AD- AD- AD-
26 HIR- VANCE VANCE VANCE VANCE VANCE
27 ING STEP STEP STEP STEP STEP
28 SG RATE 1 2 3 4 5
29 1 25421 26410 27399 28388 29377 30366
30 2 26281 27323 28365 29407 30449 31491
31 3 27483 28570 29657 30744 31831 32918
32 4 28635 29782 30929 32076 33223 34370
33 5 29905 31108 32311 33514 34717 35920
34 6 31374 32642 33910 35178 36446 37714
35 7 33047 34365 35683 37001 38319 39637
36 8 34806 36175 37544 38913 40282 41651
37 9 36648 38077 39506 40935 42364 43793
38 10 38627 40130 41633 43136 44639 46142
39 11 40802 42366 43930 45494 47058 48622
40 12 42968 44601 46234 47867 49500 51133
41 13 45425 47128 48831 50534 52237 53940
42 14 47930 49716 51502 53288 55074 56860
43 15 50583 52440 54297 56154 58011 59868
44 16 53334 55275 57216 59157 61098 63039
45 17 56224 58270 60316 62362 64408 66454
46 18 59318 61464 63610 65756 67902 70048
47 19 62453 64696 66939 69182 71425 73668
48 20 65563 67908 70253 72598 74943 77288
49 21 68988 71431 73874 76317 78760 81203
50 22 72576 75164 77752 80340 82928 85516
51 23 76403 79064 81725 84386 87047 89708
52 24 80433 83193 85953 88713 91473 94233
53 25 84815 87695 90575 93455 96335 99215
S. 7747 5 A. 10720
1 LONG
2 MAX.
3 10-YR 15-YR 20-YR 25-YR
4 JOB PERF. LONG LONG LONG LONG
5 SG RATE ADV. STEP STEP STEP STEP
6 1 31355 989 33102 34639 37414 38952
7 2 32533 1042 34380 36007 38860 40486
8 3 34005 1087 35932 37628 40538 42234
9 4 35517 1147 37680 39328 42315 43962
10 5 37123 1203 39255 41131 44200 46077
11 6 38982 1268 41228 43205 46362 48338
12 7 40955 1318 43290 45345 48568 50621
13 8 43020 1369 45448 47581 50875 53011
14 9 45222 1429 47760 49989 53369 55601
15 10 47645 1503 50302 52640 56109 58449
16 11 50186 1564 52951 55388 58943 61379
17 12 52766 1633 55662 58208 61860 64407
18 13 55643 1703 58659 61311 65059 67709
19 14 58646 1786 61805 64584 68438 71218
20 15 61725 1857 65016 67910 71864 74759
21 16 64980 1941 68418 71444 75513 78538
22 17 68500 2046 72118 75303 79509 82693
23 18 72194 2146 75998 79348 83697 87044
24 19 75911 2243 79883 83377 87851 91346
25 20 79633 2345 83788 87446 92061 95719
26 21 83646 2443 87977 91791 96540 100352
27 22 88104 2588 92686 96715 101657 105687
28 23 92369 2661 97090 101243 106288 110440
29 24 96993 2760 101883 106188 111369 115673
30 25 102095 2880 107195 111686 117022 121513
31 (4) EFFECTIVE MARCH TWENTY-SIXTH, TWO THOUSAND FIFTEEN FOR OFFICERS
32 AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE APRIL SECOND,
33 TWO THOUSAND FIFTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL
34 PAYROLL:
35 SECURITY SERVICES SALARY SCHEDULE
36 ARBITRATION ELIGIBLE ONLY
37 PERF. PERF. PERF. PERF. PERF.
38 AD- AD- AD- AD- AD-
39 HIR- VANCE VANCE VANCE VANCE VANCE
40 ING STEP STEP STEP STEP STEP
41 SG RATE 1 2 3 4 5
42 1 25929 26938 27947 28956 29965 30974
43 2 26807 27870 28933 29996 31059 32122
44 3 28033 29142 30251 31360 32469 33578
45 4 29208 30378 31548 32718 33888 35058
46 5 30503 31730 32957 34184 35411 36638
47 6 32001 33295 34589 35883 37177 38471
48 7 33708 35052 36396 37740 39084 40428
49 8 35502 36898 38294 39690 41086 42482
50 9 37381 38839 40297 41755 43213 44671
51 10 39400 40933 42466 43999 45532 47065
52 11 41618 43213 44808 46403 47998 49593
53 12 43827 45493 47159 48825 50491 52157
S. 7747 6 A. 10720
1 13 46334 48071 49808 51545 53282 55019
2 14 48889 50711 52533 54355 56177 57999
3 15 51595 53489 55383 57277 59171 61065
4 16 54401 56381 58361 60341 62321 64301
5 17 57348 59435 61522 63609 65696 67783
6 18 60504 62693 64882 67071 69260 71449
7 19 63702 65990 68278 70566 72854 75142
8 20 66874 69266 71658 74050 76442 78834
9 21 70368 72860 75352 77844 80336 82828
10 22 74028 76668 79308 81948 84588 87228
11 23 77931 80645 83359 86073 88787 91501
12 24 82042 84857 87672 90487 93302 96117
13 25 86511 89449 92387 95325 98263 101201
14 LONG
15 MAX.
16 10-YR 15-YR 20-YR 25-YR
17 JOB PERF. LONG LONG LONG LONG
18 SG RATE ADV. STEP STEP STEP STEP
19 1 31983 1009 33765 35333 38163 39732
20 2 33185 1063 35069 36728 39639 41297
21 3 34687 1109 36653 38382 41351 43081
22 4 36228 1170 38434 40115 43162 44842
23 5 37865 1227 40040 41953 45084 46998
24 6 39765 1294 42056 44072 47293 49308
25 7 41772 1344 44154 46250 49537 51631
26 8 43878 1396 46355 48530 51890 54069
27 9 46129 1458 48718 50991 54439 56716
28 10 48598 1533 51308 53693 57231 59618
29 11 51188 1595 54008 56494 60120 62605
30 12 53823 1666 56777 59374 63099 65697
31 13 56756 1737 59832 62537 66360 69063
32 14 59821 1822 63043 65878 69809 72644
33 15 62959 1894 66316 69268 73301 76254
34 16 66281 1980 69788 72874 77025 80110
35 17 69870 2087 73560 76809 81099 84347
36 18 73638 2189 77518 80935 85371 88785
37 19 77430 2288 81481 85045 89609 93174
38 20 81226 2392 85464 89195 93903 97634
39 21 85320 2492 89738 93628 98472 102360
40 22 89868 2640 94542 98651 103692 107803
41 23 94215 2714 99030 103266 108412 112647
42 24 98932 2815 103920 108311 113596 117986
43 25 104139 2938 109341 113922 119365 123945
44 S 2. Subdivision 2 of section 207-a of the state finance law, as
45 amended by chapter 214 of the laws of 2009, is amended to read as
46 follows:
47 2. Where and to the extent that an agreement between the state and an
48 employee organization entered into pursuant to article fourteen of the
49 civil service law or an interest arbitration award issued pursuant to
50 subdivision four of section two hundred nine of the civil service law
51 between the state and an employee organization so provides on behalf of
52 employees in the collective negotiating unit designated as the security
53 services unit established pursuant to article fourteen of the civil
54 service law, and upon audit and warrant of the comptroller, the director
55 shall provide for the payment of moneys to such employee organization
S. 7747 7 A. 10720
1 for the establishment and maintenance of an employee benefit fund estab-
2 lished by the employee organization for the employees in the negotiating
3 unit covered by the controlling provision of such agreement or award
4 providing for such employee benefit fund, such amount to be determined
5 consistent with said agreement or award on the basis of the number of
6 full-time annual salaried employees, as determined by the comptroller,
7 on the payroll on the last day of the payroll period in which March
8 first, two thousand [seven] NINE, falls for payments to be made on April
9 first, two thousand [seven] NINE, on the last day of the payroll period
10 in which March first, two thousand [eight] TEN falls for payments to be
11 made on April first, two thousand [eight] TEN, ON THE LAST DAY OF THE
12 PAYROLL PERIOD IN WHICH MARCH FIRST, TWO THOUSAND ELEVEN FALLS FOR
13 PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND ELEVEN, ON THE LAST DAY
14 OF THE PAYROLL PERIOD IN WHICH MARCH FIRST, TWO THOUSAND TWELVE FALLS
15 FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND TWELVE, ON THE LAST
16 DAY OF THE PAYROLL PERIOD IN WHICH MARCH FIRST, TWO THOUSAND THIRTEEN
17 FALLS FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND THIRTEEN, ON
18 THE LAST DAY OF THE PAYROLL PERIOD IN WHICH MARCH FIRST, TWO THOUSAND
19 FOURTEEN FALLS FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND
20 FOURTEEN AND, ON THE LAST DAY OF THE PAYROLL PERIOD IN WHICH MARCH
21 FIRST, TWO THOUSAND FIFTEEN FALLS FOR PAYMENTS TO BE MADE ON APRIL
22 FIRST, TWO THOUSAND FIFTEEN. The amount, which will be determined
23 pursuant to this section, for employees who are paid from special or
24 administrative funds, other than the general fund or the capital
25 projects fund of the state, will be paid from the appropriations as
26 provided by law, in which case the comptroller will establish procedures
27 to ensure repayment from said special or administrative funds. The
28 director may enter into an agreement with an employee organization which
29 sets forth the specific terms and conditions for the establishment and
30 administration of an employee benefit fund as a condition for the trans-
31 mittal of moneys pursuant to this section.
32 S 3. Compensation for members of the collective negotiating unit
33 designated as security services pursuant to an agreement between the
34 state of New York and the employee organization representing such indi-
35 viduals entered into pursuant to article 14 of the civil service law
36 (hereinafter "the agreement" or "an agreement").
37 1. The provisions of this section shall apply to annual salaried
38 members of the security services collective negotiating unit employed
39 within the state department of corrections and community supervision,
40 who are designated as peace officers pursuant to section 2.10 of the
41 criminal procedure law.
42 2. Effective April 1, 2009, the basic annual salary of those members
43 who are in annual salaried employment status on March 31, 2009 shall be
44 increased by 3 percent.
45 3. Effective April 1, 2010, the basic annual salary of those members
46 who are in annual salaried employment status on March 31, 2010 shall be
47 increased by 4 percent.
48 4. (a) Effective April 1, 2013, a lump sum payment of seven hundred
49 seventy-five dollars shall be made to each annual salaried member of the
50 security services collective negotiating unit employed within the state
51 department of corrections and community supervision, who is designated
52 as a peace officer pursuant to section 2.10 of the criminal procedure
53 law who was (i) active on the date of ratification of the agreement
54 between the state and the employee organization representing employees
55 in the security services unit and (ii) in continuous service, as defined
56 by paragraph (c) of subdivision 3 of section 130 of the civil service
S. 7747 8 A. 10720
1 law, from that date until April 1, 2013. Such lump sum shall be consid-
2 ered salary for final average salary retirement purposes but shall not
3 become part of basic annual salary. Notwithstanding the foregoing
4 provisions of this subdivision, officers and employees who would have
5 otherwise been eligible to receive such lump sum payment, but who were
6 not on the payroll on such date, shall be eligible for said payment if
7 they return to annual salaried employment status during the fiscal year
8 2013-2014 without a break in continuous service.
9 (b) Effective April 1, 2014, a lump sum payment of two hundred twen-
10 ty-five dollars shall be made to each annual salaried member of the
11 security services collective negotiating unit employed within the state
12 department of corrections and community supervision, who is designated
13 as a peace officer pursuant to section 2.10 of the criminal procedure
14 law who was (i) active on the date of ratification of the agreement
15 between the state and the employee organization representing employees
16 in the security services unit and (ii) in continuous service, as defined
17 by paragraph (c) of subdivision 3 of section 130 of the civil service
18 law, from that date until April 1, 2013. Such lump sum shall be consid-
19 ered salary for final average salary retirement purposes but shall not
20 become part of basic annual salary.
21 5. Effective April 1, 2014, the basic annual salary of those members
22 who are in annual salaried employment status on March 31, 2014, shall be
23 increased by two percent.
24 6. Effective April 1, 2015, the basic annual salary of those members
25 who are in annual salaried employment status on March 31, 2015, shall be
26 increased by two percent.
27 7. Advancement within a salary grade. Payments pursuant to the
28 provisions of subdivision 6 of section 131 of the civil service law for
29 all annual-salaried officers and employees in the security services unit
30 who are entitled to such payments shall be payable pursuant to the terms
31 of an agreement.
32 8. Effective April 1, 2009, pursuant to the terms of an agreement
33 covering those members of the security services collective negotiating
34 unit who are employed with the state department of corrections and
35 community supervision and who are designated as peace officers pursuant
36 to section 2.10 of the criminal procedure law, for such unit members who
37 are on the institutional or administrative payroll, the ten year,
38 fifteen year, twenty year and twenty-five year longevity step payment
39 for such unit members to whom the provisions of this section apply shall
40 be that amount prescribed by paragraph g of subdivision 1 of section 130
41 of the civil service law as added by section one of this act.
42 9. Notwithstanding any of the foregoing provisions of this section, if
43 the basic annual salary of such annual salaried unit members to whom the
44 provisions of this section apply is identical with the hiring rate,
45 performance advance step one, two, three, four, or five, the job rate,
46 the ten-year longevity step, the fifteen-year longevity step, the twen-
47 ty-year longevity step, or the twenty-five-year longevity step of the
48 salary grade of his or her position on the effective dates of the
49 increases provided by this section, respectively, for such unit members
50 to whom the provisions of this section apply on the institutional or
51 administrative payroll, such basic annual salary shall be increased to
52 the hiring rate, performance advance step one, two, three, four or five,
53 the job rate, the ten-year longevity step, the fifteen-year longevity
54 step, the twenty-year longevity step or the twenty-five-year longevity
55 step of such salary grade as contained in paragraph g of subdivision one
56 of section 130 of the civil service law, as added by section one of this
S. 7747 9 A. 10720
1 act, to take effect on the dates provided in paragraph g of subdivision
2 one of section 130 of the civil service law, as added by section one of
3 this act. The increases in basic annual salary provided by this subdivi-
4 sion shall be in lieu of any increase in basic annual salary provided
5 for in subdivisions two, three, five, six, seven, and eight of this
6 section.
7 10. If an unencumbered position is one which if encumbered, would be
8 subject to the provisions of this section, the salary of such position
9 shall be increased by the salary increase amounts specified in this
10 section. If a position is created, and is filled by the appointment of
11 such unit member to whom the provisions of this section apply, the sala-
12 ry otherwise provided for such position shall be increased in the same
13 manner as though such position had been in existence but unencumbered.
14 Notwithstanding the provisions of this section, the director of the
15 budget may reduce the salary of any such position, which is or becomes
16 vacant.
17 11. The increases in salary payable pursuant to this section shall
18 apply on a prorated basis to officers and employees, otherwise eligible
19 to receive an increase in salary pursuant to this section, who are paid
20 on an hourly or per diem basis, employees serving on a part-time or
21 seasonal basis and employees paid on any basis other than at an annual
22 salaried rate; except that the provisions of subdivisions four, seven,
23 eight, and nine of this section shall not apply to employees serving on
24 an hourly, per diem, or seasonal basis, except as determined by the
25 director of the budget.
26 12. Notwithstanding any other provision of this section, the
27 provisions of this section shall not apply to officers or employees paid
28 on a fee schedule basis.
29 13. In order to provide for the annual salaried officers and employees
30 to whom this section applies who are not allocated to salary grades,
31 performance advancements and payments in proportion to those provided to
32 persons to whom this section applies who are allocated to salary grades,
33 the director of the budget is authorized to add appropriate adjustments
34 to the compensation which such officers and employees are otherwise
35 entitled to receive. The director of the budget shall issue certificates
36 which shall contain schedules of positions and the salaries thereof for
37 which adjustments are made pursuant to the provisions of this subdivi-
38 sion, and a copy of each such certificate shall be filed with the state
39 comptroller, the department of civil service, the chairman of the senate
40 finance committee and the chairman of the assembly ways and means
41 committee.
42 14. Notwithstanding any of the foregoing provisions of this section,
43 any increase in compensation may be withheld in whole or in part from
44 any such unit members to whom the provisions of this section apply when,
45 in the opinion of the director of the budget and the director of employ-
46 ee relations, such increase is not warranted or is not appropriate for
47 any reason.
48 S 4. Additional compensation for annual salaried members of the secu-
49 rity services collective negotiating unit who are employed within the
50 state department of corrections and community supervision and who are
51 designated as peace officers, pursuant to section 2.10 of the criminal
52 procedure law, in recognition of pre-shift briefing.
53 1. In recognition of the general requirement for these unit members to
54 assemble for briefing prior to the commencement of duties, where and to
55 the extent a determination made by the public arbitration panel so
56 provides on behalf of such unit members to whom the provisions of this
S. 7747 10 A. 10720
1 subdivision apply on behalf of each such employee except such employee
2 receiving additional compensation pursuant to subdivision 5 of section
3 134 of the civil service law, such members shall continue to receive
4 additional compensation in recognition of pre-shift briefing.
5 2. Each such unit member to whom the provisions of this subdivision
6 apply, shall continue to receive a minimum of eight dollars for each day
7 while in payroll status when such pre-shift briefing time is not other-
8 wise compensated at a greater amount at the one and one-half times the
9 hourly rate of pay provided for by subdivision 1 of section 134 of the
10 civil service law and the rules and regulations of the director of the
11 budget. Each such unit member to whom the provisions of this subdivision
12 apply, subject to the provisions of this subdivision, shall continue to
13 receive a minimum of forty dollars per week in addition to base pay. No
14 payments authorized pursuant to this subdivision shall be made to an
15 employee who is in non-pay status for that day.
16 3. Any such additional compensation pursuant to this subdivision,
17 shall be paid in addition to and shall not be a part of such employee's
18 basic annual salary and shall not be included as compensation for the
19 purposes of computation of overtime pay, provided, however, that such
20 additional compensation shall be included for retirement purposes.
21 Notwithstanding the foregoing provisions of this subdivision or of any
22 other law, such additional compensation as added by this subdivision
23 shall be in lieu of the continuation of any other additional compen-
24 sation for such unit members in recognition of pre-shift briefing.
25 S 5. Locational compensation for certain members of the security
26 services collective negotiating units. 1. Pursuant to the terms of an
27 agreement covering certain members of the security services unit who are
28 eligible for interest arbitration, and notwithstanding any inconsistent
29 provision of law, rule or regulation to the contrary, all members of
30 this unit who are employed by the state department of corrections and
31 community supervision as peace officers pursuant to section 2.10 of the
32 criminal procedure law, and are annual salaried employees and whose
33 principal place of employment, or, in the case of a field employee,
34 whose official station as determined in accordance with the regulations
35 of the state comptroller, is located in the city of New York, or in the
36 county of Putnam, Orange, Dutchess, Rockland, Westchester, Nassau, or
37 Suffolk, shall receive locational compensation according to the follow-
38 ing schedule:
39 Orange/Putnam/Dutchess NYC/Rock/Nassau/Suffolk/West
40 April 1, 2009 $1,231 $3,306
41 April 1, 2010 $1,280 $3,438
42 April 1, 2011 $1,280 $3,438
43 April 1, 2012 $1,280 $3,438
44 April 1, 2013 $1,280 $3,438
45 April 1, 2014 $1,280 $3,438
46 April 1, 2015 $1,280 $3,438
47 2. The locational compensation as set out in all subdivisions of this
48 section shall be in addition to and shall not be a part of an employee's
49 basic annual salary, and shall not affect or impair any performance
50 advance or other rights or benefits to which an employee may be entitled
51 by law, provided, however, that locational compensation shall be
52 included as compensation for the purposes of computation of overtime pay
53 and for retirement purposes. This payment will be equally divided over
54 the 26 payroll periods in each fiscal year.
55 S 6. Inconvenience pay. Pursuant to the terms of an agreement covering
56 certain members of the security services unit who are eligible for
S. 7747 11 A. 10720
1 interest arbitration and who are employed by the state department of
2 corrections and community supervision and are designated as peace offi-
3 cers pursuant to section 2.10 of the criminal procedure law, effective
4 April 1, 2009, the inconvenience pay paid to annual salaried unit
5 members to whom the provisions of this section apply who work the even-
6 ing shift as defined by the individual facilities within the department
7 of corrections and community supervision, shall increase by three
8 percent to one thousand eight hundred fifty-four dollars per year to be
9 paid in equal bi-weekly installments for work on such shift. Effective
10 April 1, 2010, this amount shall be increased by four percent to one
11 thousand nine hundred twenty-eight dollars. Effective April 1, 2014,
12 this amount shall be increased by two percent to one thousand nine
13 hundred sixty-seven dollars. Effective April 1, 2015, this amount shall
14 be increased by two percent to two thousand six dollars.
15 Effective April 1, 2009, the inconvenience pay paid to annual salaried
16 unit members to whom the provisions of this section apply who work the
17 night shift as defined by the individual facilities within the depart-
18 ment of corrections and community supervision shall be increased by
19 three percent to nine hundred twenty-seven dollars per year to be paid
20 in equal bi-weekly installments for work on such shift. Effective April
21 1, 2010, this amount shall be increased by four percent to nine hundred
22 sixty-four dollars. Effective April 1, 2014, this amount shall be
23 increased by two percent to nine hundred eighty-three dollars. Effec-
24 tive April 1, 2015, this amount shall be increased by two percent to one
25 thousand three dollars. Such unit members to whom the provisions of this
26 section apply who are on paid leave for line of duty injuries shall
27 continue to receive inconvenience payments as provided above. Any such
28 additional compensation pursuant to this section shall be included as
29 compensation for retirement purposes.
30 S 7. Expanded duty pay. Pursuant to the terms of an agreement covering
31 members of the security services collective negotiating unit who are
32 employed within the state department of corrections and community super-
33 vision and who are designated as peace officers pursuant to section 2.10
34 of the criminal procedure law and notwithstanding any other provision of
35 law, effective March 31, 2011, such annual salaried unit members to whom
36 the provisions of this section apply shall be paid an expanded duty pay
37 in the amount of two thousand six hundred dollars per year. Payment for
38 such compensation shall be equally divided over the 26 payroll periods
39 of a fiscal year. Such compensation pursuant to this section shall be
40 included as compensation for overtime and retirement purposes.
41 S 8. During the period April 1, 2012 through March 31, 2016, there
42 shall be a statewide joint labor-management committee continued and
43 administered pursuant to the terms of the agreement negotiated between
44 the state and the employee organization representing employees in the
45 collective negotiating unit designated as the security services unit
46 established pursuant to article 14 of the civil service law which shall,
47 after March 31, 2012, with the amounts available therefor, study and
48 make recommendations concerning major issues of, health benefits,
49 employee assistance, performance evaluation, education and training,
50 quality of work life and provide for the implementation of the terms of
51 agreements of such committee.
52 S 9. Notwithstanding any provision of law to the contrary, the appro-
53 priations contained in this act shall be available to the state for the
54 payment and publication of grievance and arbitration settlements and
55 awards pursuant to articles 7 and 8 of the collective negotiating agree-
56 ment between the state and the employee organization representing the
S. 7747 12 A. 10720
1 collective negotiating unit designated as the security services unit
2 established pursuant to article 14 of the civil service law.
3 S 10. Notwithstanding any provision of law, rule or regulation to the
4 contrary, and where and to the extent an agreement negotiated between
5 the state and the employee organization representing employees in the
6 security services unit established pursuant to article 14 of the civil
7 service law so provides, the salaries of newly hired employees on or
8 after September 1, 1992 into state service in positions within negotiat-
9 ing units shall not be subject to the provisions of subdivision 2-a of
10 section 200 of the state finance law.
11 S 11. The salary increases, benefit modifications, and any other
12 modifications to terms and conditions of employment provided for by this
13 act for state employees in the collective negotiating unit designated as
14 the security services unit established pursuant to article 14 of the
15 civil service law shall not be implemented until the director of employ-
16 ee relations shall have delivered to the director of the budget and the
17 comptroller a letter certifying that there is in effect with respect to
18 such negotiating units collectively negotiated agreements, ratified by
19 the membership, which provide for such increases and modifications.
20 S 12. Date of entitlement to salary increase. Notwithstanding the
21 provisions of this act or of any other provision of law to the contrary,
22 the increase of salary or compensation of any members of the security
23 services collective negotiating unit established pursuant to article 14
24 of the civil service law who are annual salaried employees and who are
25 employed by the state department of corrections and community super-
26 vision and are peace officers pursuant to section 2.10 of the criminal
27 procedure law, provided by this act shall be added to the salary of such
28 member at the beginning of that payroll period the first day of which is
29 nearest to the effective date of such increase as provided in this act,
30 or at the beginning of the earlier of two payroll periods the first days
31 of which are nearest but equally near to the effective date of such
32 increase as provided in this act; provided, however, that for the
33 purposes of determining the salary of such unit members upon reclassi-
34 fication, reallocation, appointment, promotion, transfer, demotion,
35 reinstatement, or other change of status, such salary increase shall be
36 deemed to be effective on the date thereof as prescribed by this act,
37 with payment thereof pursuant to this section on a date prior thereto,
38 instead of on such effective date, and shall not operate to confer any
39 additional salary rights or benefits on such unit members. Payment of
40 such salary increase may be deferred pursuant to section thirteen of
41 this act.
42 S 13. Deferred payment of salary increase. Notwithstanding the
43 provisions of any other section of this act, or of any other law to the
44 contrary, pending payment pursuant to this act of the basic annual sala-
45 ries and other compensation to incumbents of positions subject to this
46 act, such incumbents shall receive, as partial compensation for services
47 rendered, the rate of compensation otherwise payable in their respective
48 positions. An incumbent holding a position subject to this act at any
49 time during the period from April 1, 2009, until the time when basic
50 annual salaries and other compensation are first paid pursuant to this
51 act for such services in excess of the compensation actually received
52 therefor, shall be entitled to a lump sum payment for the difference
53 between the salary to which such incumbent is entitled for such services
54 and the compensation actually received therefor in accordance with the
55 terms of the agreement between the employee organization representing
56 such members and the state. The amounts paid under this act shall count
S. 7747 13 A. 10720
1 as compensation earned during the year or years for which it is calcu-
2 lated and not as compensation earned wholly in the year in which it is
3 paid. Notwithstanding any provision of law, rule or regulation to the
4 contrary, no member of the security services unit to whom the provisions
5 of this act apply shall be entitled to, or owed, any interest or other
6 penalty for any reason on any monies due to such member pursuant to the
7 terms of this act and the terms of the agreement covering employees in
8 the security services unit.
9 S 14. Use of appropriations. Notwithstanding any provision of the
10 state finance law or any other provision of law to the contrary, the
11 state comptroller is authorized to pay any amounts required by the fore-
12 going provisions of this act. To the extent that existing appropriations
13 available to any state department or agency in any fund are insufficient
14 to accomplish the purposes set forth in this section, the director of
15 the budget is authorized to allocate to the various departments and
16 agencies, from any appropriations available in any fund, the amounts
17 necessary to make such payments. Any appropriations or other funds
18 available to any state department or agency for personal service or for
19 other related employee benefits during the fiscal year commencing April
20 1, 2012 shall be available for the payment of any liabilities or obli-
21 gations incurred pursuant to the foregoing provisions of this act,
22 whether they occurred prior to or during the state fiscal year commenc-
23 ing April 1, 2012.
24 S 15. Appropriations. Notwithstanding any provision of the state
25 finance law or any other provision of law to the contrary, the several
26 amounts as hereinafter set forth in this section, or so much thereof as
27 may be necessary, are hereby appropriated from the fund so designated
28 for use by any state department or agency for the fiscal year beginning
29 April 1, 2012 to supplement appropriations from each respective fund
30 available for personal service, other than personal service and fringe
31 benefits, and to carry out the provisions of this act. Moreover, the
32 amounts appropriated as non-personal service may be suballocated to any
33 state department or agency as needed. The monies hereby appropriated are
34 available for payment of any liabilities or obligations incurred prior
35 to April 1, 2012 in addition to liabilities or obligations associated
36 with the state fiscal year commencing April 1, 2012. For this purpose,
37 these appropriations shall remain in full force and effect for the
38 payment of liabilities incurred on or before April 1, 2012. No money
39 shall be available for expenditure from this appropriation until a
40 certificate of approval has been issued by the director of the budget
41 and a copy of such certificate or any amendment thereto has been filed
42 with the state comptroller, the chairperson of the senate finance
43 committee and the chairperson of the assembly ways and means committee.
44 ALL STATE DEPARTMENTS AND AGENCIES
45 General Fund / State Operations
46 State Purposes Account 003
47 PERSONAL SERVICE
48 Personal service - regular ................... 313,697,000
49 NONPERSONAL SERVICE
50 Fringe benefits ............................... 23,008,000
51 Labor Management Committees ...................... 279,000
S. 7747 14 A. 10720
1 Employee assistance program ...................... 200,000
2 Joint committee on health benefits ............... 165,000
3 Contract administration .......................... 200,000
4 Employee Benefit Fund ............................ 779,000
5 Employee Training and Development ................ 159,000
6 Organizational alcoholism program ................ 156,000
7 Labor Management Training ........................ 100,000
8 Family Benefits .................................. 431,000
9 Legal Defense Fund ............................... 150,000
10 Special Revenue Federal
11 Federal Operating Grants Fund
12 PERSONAL SERVICE
13 Personal service - regular ........................ 64,000
14 NONPERSONAL SERVICE
15 Fringe benefits ................................... 33,000
16 S 16. This act shall take effect immediately and shall be deemed to
17 have been in full force and effect on and after April 1, 2009.
REPEAL NOTE.--Paragraph g of subdivision 1 of section 130 of the civil
service law, repealed by section one of this act, provided salary sched-
ules for certain state employees who are members of the collective nego-
tiating unit designated as security services who are employed by the
state department of corrections and community supervision and are desig-
nated as peace officers pursuant to section 2.10 of the criminal proce-
dure law. They are replaced by revised salary schedules in a new para-
graph g of subdivision 1 of section 130 of the civil service law.
