Bill Text: NY A04542 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the compensation, benefits and others terms and conditions of employment of certain state officers and employees; implements agreements between the state and an employee organization; relates to salaries of certain employees; and appropriates $109,000,000 therefor.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-02-14 - substituted by s4067 [A04542 Detail]
Download: New_York-2017-A04542-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4542 2017-2018 Regular Sessions IN ASSEMBLY February 2, 2017 ___________ Introduced by M. of A. ABBATE -- (at request of the Governor) -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to compensation, benefits and other terms and conditions of employment of certain state officers and employees; to implement agreements between the state and an employee organization; making an appropriation for the purpose of effectuating certain provisions thereof; and to repeal certain provisions of the civil service law relating thereto (Part A); and to amend the civil service law and the correction law, in relation to salaries; to implement agreements between the state and an employee organization; to repeal certain provisions of such laws relating ther- eto; and making an appropriation for the purpose of effectuating certain provisions hereof (Part B) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law legislation necessary to implement 2 a collective bargaining agreement, to make changes to an existing 3 collective bargaining agreement, and to implement changes to salary and 4 benefits for certain state officers and employees excluded from collec- 5 tive negotiating units. Each component is wholly contained within a Part 6 identified as Parts A through B. The effective date for each particular 7 provision contained within such Part is set forth in the last section of 8 such Part. Any provision in any section contained within a Part, 9 including the effective date of the Part, which makes reference to a 10 section "of this act", when used in connection with that particular 11 component, shall be deemed to mean and refer to the corresponding 12 section of the Part in which it is found. Section two of this act sets 13 forth the general severability clause applying to this act. Section 14 three of this act sets forth the general effective date of this act. 15 PART A EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12005-01-7A. 4542 2 1 COLLECTIVE BARGAINING AGREEMENT BETWEEN 2 THE STATE OF NEW YORK AND THE PUBLIC 3 EMPLOYEES FEDERATION FOR 2016-2019 4 Section 1. Subparagraph 1 of paragraph c of subdivision 1 of section 5 130 of the civil service law is REPEALED and three new subparagraphs 1, 6 2 and 3 are added to read as follows: 7 (1) Effective April seventh, two thousand sixteen for officers and 8 employees on the administrative payroll and effective March thirty- 9 first, two thousand sixteen for officers and employees on the institu- 10 tional payroll: 11 PEF SALARY SCHEDULE 12 EFFECTIVE April 7, 2016 (ADMIN) 13 EFFECTIVE March 31, 2016 (INST) 14 HIRING JOB ADVANCE JOB RATE 15 SG RATE RATE AMOUNT ADVANCE 16 1 $22,407 $28,914 $930 $927 17 2 $23,257 $30,080 $975 $973 18 3 $24,395 $31,551 $1,023 $1,018 19 4 $25,490 $33,021 $1,073 $1,093 20 5 $26,697 $34,595 $1,129 $1,124 21 6 $28,129 $36,421 $1,184 $1,188 22 7 $29,708 $38,392 $1,233 $1,286 23 8 $31,344 $40,417 $1,276 $1,417 24 9 $33,090 $42,589 $1,323 $1,561 25 10 $34,967 $44,956 $1,381 $1,703 26 11 $36,971 $47,501 $1,471 $1,704 27 12 $39,044 $50,019 $1,522 $1,843 28 13 $41,317 $52,870 $1,583 $2,055 29 14 $43,690 $55,774 $1,691 $1,938 30 15 $46,162 $58,853 $1,753 $2,173 31 16 $48,752 $62,050 $1,820 $2,378 32 17 $51,488 $65,547 $1,907 $2,617 33 18 $54,406 $69,182 $1,868 $3,568 34 19 $57,354 $72,841 $1,946 $3,811 35 20 $60,290 $76,484 $2,027 $4,032 36 21 $63,487 $80,501 $2,116 $4,318 37 22 $66,900 $84,707 $2,205 $4,577 38 23 $70,438 $89,095 $2,296 $4,881 39 24 $74,190 $93,659 $2,385 $5,159 40 25 $78,283 $98,669 $2,486 $5,470 41 26 $82,407 $101,577 $2,587 $3,648 42 27 $86,866 $106,993 $2,724 $3,783 43 28 $91,442 $112,307 $2,830 $3,885 44 29 $96,235 $117,862 $2,938 $3,999 45 30 $101,264 $123,647 $3,047 $4,101 46 31 $106,661 $129,843 $3,161 $4,216 47 32 $112,332 $136,259 $3,267 $4,325 48 33 $118,442 $143,122 $3,375 $4,430 49 34 $124,751 $150,251 $3,492 $4,548 50 35 $131,219 $157,505 $3,604 $4,662 51 36 $137,814 $164,967 $3,728 $4,785 52 37 $145,047 $173,012 $3,844 $4,901 53 38 $135,322 54 (2) Effective April sixth, two thousand seventeen for officers and 55 employees on the administrative payroll and effective March thirtieth,A. 4542 3 1 two thousand seventeen for officers and employees on the institutional 2 payroll: 3 PEF SALARY SCHEDULE 4 EFFECTIVE April 6, 2017 (ADMIN) 5 EFFECTIVE March 30, 2017 (INST) 6 HIRING JOB ADVANCE JOB RATE 7 SG RATE RATE AMOUNT ADVANCE 8 1 $22,855 $29,494 $949 $945 9 2 $23,722 $30,685 $994 $999 10 3 $24,883 $32,180 $1,043 $1,039 11 4 $26,000 $33,679 $1,094 $1,115 12 5 $27,231 $35,286 $1,152 $1,143 13 6 $28,692 $37,150 $1,208 $1,210 14 7 $30,302 $39,160 $1,257 $1,316 15 8 $31,971 $41,227 $1,302 $1,444 16 9 $33,752 $43,443 $1,349 $1,597 17 10 $35,666 $45,857 $1,409 $1,737 18 11 $37,710 $48,451 $1,501 $1,735 19 12 $39,825 $51,021 $1,552 $1,884 20 13 $42,143 $53,927 $1,614 $2,100 21 14 $44,564 $56,888 $1,725 $1,974 22 15 $47,085 $60,028 $1,788 $2,215 23 16 $49,727 $63,293 $1,857 $2,424 24 17 $52,518 $66,855 $1,945 $2,667 25 18 $55,494 $70,566 $1,906 $3,636 26 19 $58,501 $74,301 $1,985 $3,890 27 20 $61,496 $78,014 $2,068 $4,110 28 21 $64,757 $82,113 $2,159 $4,402 29 22 $68,238 $86,398 $2,249 $4,666 30 23 $71,847 $90,876 $2,342 $4,977 31 24 $75,674 $95,534 $2,432 $5,268 32 25 $79,849 $100,645 $2,536 $5,580 33 26 $84,055 $103,609 $2,639 $3,720 34 27 $88,603 $109,133 $2,779 $3,856 35 28 $93,271 $114,553 $2,886 $3,966 36 29 $98,160 $120,219 $2,997 $4,077 37 30 $103,289 $126,120 $3,108 $4,183 38 31 $108,794 $132,440 $3,224 $4,302 39 32 $114,579 $138,984 $3,332 $4,413 40 33 $120,811 $145,984 $3,442 $4,521 41 34 $127,246 $153,256 $3,562 $4,638 42 35 $133,843 $160,655 $3,676 $4,756 43 36 $140,570 $168,266 $3,802 $4,884 44 37 $147,948 $176,472 $3,921 $4,998 45 38 $138,028 46 (3) Effective April fifth, two thousand eighteen for officers and 47 employees on the administrative payroll and effective March twenty-ninth, 48 two thousand eighteen for officers and employees on the institutional 49 payroll:A. 4542 4 1 PEF SALARY SCHEDULE 2 EFFECTIVE April 5, 2018 (ADMIN) 3 EFFECTIVE March 29, 2018 (INST) 4 HIRING JOB ADVANCE JOB RATE 5 SG RATE RATE AMOUNT ADVANCE 6 1 $23,312 $30,083 $968 $963 7 2 $24,196 $31,299 $1,014 $1,019 8 3 $25,381 $32,826 $1,064 $1,061 9 4 $26,520 $34,355 $1,116 $1,139 10 5 $27,776 $35,995 $1,175 $1,169 11 6 $29,266 $37,891 $1,232 $1,233 12 7 $30,908 $39,941 $1,283 $1,335 13 8 $32,610 $42,051 $1,328 $1,473 14 9 $34,427 $44,311 $1,376 $1,628 15 10 $36,379 $46,772 $1,437 $1,771 16 11 $38,464 $49,417 $1,531 $1,767 17 12 $40,622 $52,039 $1,583 $1,919 18 13 $42,986 $55,008 $1,647 $2,140 19 14 $45,455 $58,028 $1,759 $2,019 20 15 $48,027 $61,229 $1,824 $2,258 21 16 $50,722 $64,557 $1,894 $2,471 22 17 $53,568 $68,192 $1,984 $2,720 23 18 $56,604 $71,980 $1,944 $3,712 24 19 $59,671 $75,785 $2,024 $3,970 25 20 $62,726 $79,577 $2,109 $4,197 26 21 $66,052 $83,752 $2,202 $4,488 27 22 $69,603 $88,124 $2,294 $4,757 28 23 $73,284 $92,693 $2,389 $5,075 29 24 $77,187 $97,448 $2,481 $5,375 30 25 $81,446 $102,661 $2,587 $5,693 31 26 $85,736 $105,681 $2,692 $3,793 32 27 $90,375 $111,316 $2,834 $3,937 33 28 $95,136 $116,844 $2,944 $4,044 34 29 $100,123 $122,623 $3,057 $4,158 35 30 $105,355 $128,642 $3,170 $4,267 36 31 $110,970 $135,089 $3,288 $4,391 37 32 $116,871 $141,764 $3,399 $4,499 38 33 $123,227 $148,904 $3,511 $4,611 39 34 $129,791 $156,321 $3,633 $4,732 40 35 $136,520 $163,868 $3,750 $4,848 41 36 $143,381 $171,631 $3,879 $4,976 42 37 $150,907 $180,001 $3,999 $5,100 43 38 $140,789 44 § 2. Compensation for certain state officers and employees in collec- 45 tive negotiating units. 1. The provisions of this section shall apply 46 to annual-salaried officers and employees in the collective negotiating 47 unit designated as the professional, scientific and technical services 48 unit established pursuant to article 14 of the civil service law. 49 2. Effective April 7, 2016 for officers and employees on the adminis- 50 trative payroll and effective March 31, 2016 for officers and employees 51 on the institutional payroll, the basic annual salary of officers and 52 employees in full-time employment status on the day before such payroll 53 period shall be increased by two percent adjusted to the nearest whole 54 dollar amount.A. 4542 5 1 3. Effective April 6, 2017 for officers and employees on the adminis- 2 trative payroll and effective March 30, 2017 for officers and employees 3 on the institutional payroll, the basic annual salary of officers and 4 employees in full-time employment status on the day before such payroll 5 period shall be increased by two percent adjusted to the nearest whole 6 dollar amount. 7 4. Effective April 5, 2018 for officers and employees on the adminis- 8 trative payroll and effective March 29, 2018 for officers and employees 9 on the institutional payroll, the basic annual salary of officers and 10 employees in full-time employment status on the day before such payroll 11 period shall be increased by two percent adjusted to the nearest whole 12 dollar amount. 13 5. Notwithstanding the provisions of subdivisions two, three and four 14 of this section, if the basic annual salary of an officer or employee to 15 whom the provisions of this section apply is identical with the hiring 16 rate or the job rate of the salary grade of his or her position on the 17 effective dates of the increases provided in these subdivisions, such 18 basic annual salary shall be increased to the hiring rate or job rate, 19 respectively, of such salary grade as contained in the appropriate sala- 20 ry schedules in subparagraphs 1, 2 and 3 of paragraph c of subdivision 1 21 of section 130 of the civil service law, as added by section one of this 22 act, to take effect on the dates provided in such subparagraphs. Except 23 as herein provided to the contrary, the increases in basic annual salary 24 provided by this subdivision shall be in lieu of any increase in basic 25 annual salary provided for in subdivisions two, three and four of this 26 section. 27 6. Payments pursuant to the provisions of subdivision 6 of section 131 28 of the civil service law for annual salaried officers and employees 29 entitled to such payments to whom the provisions of this section apply 30 shall be payable in accordance with the terms of an agreement reached 31 pursuant to article 14 of the civil service law between the state and an 32 employee organization representing employees subject to the provisions 33 of this section. 34 7. If an unencumbered position is one which if encumbered, would be 35 subject to the provisions of this section, the salary of such position 36 shall be increased by the salary increase amounts specified in this 37 section. If a position is created, and filled by the appointment of an 38 officer or employee who is subject to the provisions of this section, 39 the salary otherwise provided for such position shall be increased in 40 the same manner as though such position had been in existence but unen- 41 cumbered. Notwithstanding the provisions of this section, the director 42 of the budget may reduce the salary of any such position which is or 43 becomes vacant. 44 8. The increases in salary provided in subdivisions two, three and 45 four of this section shall apply on a prorated basis to officers and 46 employees, otherwise eligible to receive an increase in salary, who are 47 paid on an hourly or per diem basis, employees serving on a part-time or 48 seasonal basis, and employees paid on any basis other than at an annual 49 salary rate. Notwithstanding the foregoing, the provisions of subdivi- 50 sions five, six and thirteen of this section shall not apply to employ- 51 ees serving on a per diem or seasonal basis, except as determined by the 52 director of the budget. 53 9. In order to provide for the officers and employees to whom this 54 section applies but are not allocated to salary grades, but are paid on 55 an annual basis, increases and payments pursuant to subdivisions six and 56 thirteen of this section in proportion to those provided to persons toA. 4542 6 1 whom this section applies who are allocated to salary grades, the direc- 2 tor of the budget is authorized to add appropriate adjustments and/or 3 payments to the compensation which such officers and employees are 4 otherwise entitled to receive. The director of the budget shall issue 5 certificates which shall contain schedules of positions and the salaries 6 and/or payments thereof for which adjustments and/or payments are made 7 pursuant to the provisions of this subdivision, and a copy of each such 8 certificate shall be filed with the state comptroller, the department of 9 civil service, the chair of the senate finance committee and the chair 10 of the assembly ways and means committee. 11 10. Notwithstanding any other provision of this section, the 12 provisions of this section shall not apply to officers or employees paid 13 on a fee schedule basis, provided however, that the increases in basic 14 annual salary provided for in subdivisions two, three and four of this 15 section shall apply to fire instructors paid on a fee schedule basis 16 employed by the division of homeland security and emergency services. 17 11. Notwithstanding any other provision of this section, except subdi- 18 vision one, any increase in compensation for any officer or employee 19 appointed to a lower graded position from a redeployment list pursuant 20 to subdivision 1 of section 79 of the civil service law who continues to 21 receive his or her former salary pursuant to such subdivision shall be 22 determined on the basis of such lower graded position provided, however, 23 that the increase in salary provided in this section shall not cause 24 such officer's or employee's salary to exceed the job rate of such lower 25 graded position. 26 12. Notwithstanding any other provision of this section or any law to 27 the contrary, any increase in compensation may be withheld in whole or 28 in part from any employee to whom the provisions of this section are 29 applicable when, in the opinion of the director of the budget and the 30 director of employee relations, such increase is not warranted or is not 31 appropriate for any reason. 32 13. Notwithstanding any law, rule or regulation to the contrary, offi- 33 cers and employees to whom the provisions of this section apply shall 34 receive performance awards in accordance with the terms of a collective- 35 ly negotiated agreement between the state and the employee organization 36 representing such employees entered into pursuant to article 14 of the 37 civil service law, effective for the period commencing April 2, 2016 and 38 ending April 1, 2019, in accordance with the rules and regulations 39 issued by the director of the budget to implement payment of such nego- 40 tiated performance awards. 41 § 3. Location compensation for certain state officers and employees. 42 Notwithstanding any inconsistent provisions of law, officers and employ- 43 ees, including seasonal officers and employees who shall receive the 44 compensation provided for pursuant to this section on a pro-rated basis 45 except part-time officers and employees, in the collective negotiating 46 unit designated as the professional, scientific and technical services 47 unit established pursuant to article 14 of the civil service law, whose 48 principal place of employment or, in the case of a field employee, whose 49 official station as determined in accordance with the regulations of the 50 comptroller, is located: (a) in the county of Monroe and who were eligi- 51 ble to receive location pay on March 31, 1985, shall receive location 52 pay at the rate of two hundred dollars per year provided they continue 53 to be otherwise eligible; or (b) in the city of New York, or in the 54 county of Rockland, Westchester, Nassau or Suffolk shall continue to 55 receive a downstate adjustment at the annual rate of three thousand 56 twenty-six dollars effective April 1, 2011; or (c) in the county ofA. 4542 7 1 Dutchess, Putnam or Orange shall continue to receive a mid-Hudson 2 adjustment at the annual rate of one thousand five hundred thirteen 3 dollars effective April 1, 2011. Such location payments shall be in 4 addition to and shall not be a part of an officer's or employee's basic 5 annual salary, and shall not affect or impair any performance advance- 6 ments or other rights or benefits to which an officer or employee may be 7 entitled by law, provided, however, that location payments shall be 8 included as compensation for purposes of computation of overtime pay and 9 for retirement purposes. For the sole purpose of continuing eligibility 10 for location pay in Monroe county, an officer or employee previously 11 eligible to receive location pay on March 31, 1985 who is on an approved 12 leave of absence or participates in an employer program to reduce to 13 part-time service during summer months shall continue to be eligible for 14 said location pay upon return to full-time state service in Monroe coun- 15 ty. 16 § 4. Continuation of location compensation for certain officers and 17 employees of the Hudson Valley developmental disabilities services 18 office. 1. Notwithstanding any law, rule or regulation to the contrary, 19 any officer or employee of the Hudson Valley developmental disabilities 20 services office represented in the collective negotiating unit desig- 21 nated as the professional, scientific and technical services unit, who 22 is receiving location pay pursuant to section 5 of chapter 174 of the 23 laws of 1993 shall continue to receive such location pay under the 24 conditions and at the rate specified by such section. 25 2. Notwithstanding any law, rule or regulation to the contrary, any 26 officer or employee of the Hudson Valley developmental disabilities 27 services office represented in the collective negotiating unit desig- 28 nated as the professional, scientific and technical services unit, who 29 is receiving location pay pursuant to subdivision 2 of section 9 of 30 chapter 315 of the laws of 1995 shall continue to receive such location 31 pay under the conditions and at the rates specified by such subdivision. 32 3. Notwithstanding section three of this act or any other law, rule or 33 regulation to the contrary, any officer or employee of the Hudson Valley 34 developmental disabilities services office represented in the collective 35 negotiating unit designated as the professional, scientific and techni- 36 cal services unit, who is receiving location pay pursuant to section 37 three of this act shall continue to be eligible for such location pay if 38 as the result of a reduction or redeployment of staff, such officer or 39 employee is reassigned to or otherwise appointed or promoted to a 40 different position at another work location within the Hudson Valley 41 developmental disabilities services office. The rate of such continued 42 location pay shall not exceed the rate such officer or employee is 43 receiving on the date of such reassignment, appointment or promotion. 44 § 5. Special assignment to duty pay. Notwithstanding any inconsistent 45 provisions of law, effective April 2, 2016, where and to the extent 46 that, an agreement between the state and an employee organization 47 entered into pursuant to article 14 of the civil service law so 48 provides, a special assignment to duty lump sum shall be paid each year 49 to an employee who is serving in a particular assignment deemed quali- 50 fied pursuant to such agreement. Such payment shall be in an amount 51 negotiated for those employees assigned to qualifying work assignments 52 and who work such assignments for the minimum periods of time in a year 53 provided in the negotiated agreement. Assignment to duty pay shall not 54 be paid in any year an employee does not meet the minimum period of time 55 in such qualifying assignment required by the agreement or upon cessa- 56 tion of the assignment to duty program on April 1, 2019 unless an exten-A. 4542 8 1 sion is negotiated by the parties. Such lump sum shall be considered 2 salary only for final average salary retirement purposes. 3 § 6. Long term seasonal employees. Notwithstanding any inconsistent 4 provisions of law, effective April 2, 2016, where and to the extent 5 that, an agreement between the state and an employee organization 6 entered into pursuant to article 14 of the civil service law so 7 provides, a lump sum shall be paid each year to an employee who is serv- 8 ing in a qualifying long term seasonal position. Such payment shall be 9 in an amount negotiated and pursuant to negotiated qualifying criteria 10 and shall be considered salary only for final average salary retirement 11 purposes. Such benefit shall be available until March 31, 2019. 12 § 7. Notwithstanding any inconsistent provisions of law, where and to 13 the extent that an agreement between the state and an employee organiza- 14 tion entered into pursuant to article 14 of the civil service law so 15 provides on behalf of employees in the collective negotiating unit 16 designated as the professional, scientific and technical services unit 17 established pursuant to article 14 of the civil service law, the state 18 shall contribute an amount designated in such agreement and for the 19 period covered by such agreement to the accounts of such employees 20 enrolled for dependent care deductions pursuant to subdivision 7 of 21 section 201-a of the state finance law. Such amounts shall be from funds 22 appropriated in this act and shall not be part of basic annual salary 23 for overtime or retirement purposes. 24 § 8. Notwithstanding any provision of law to the contrary, the appro- 25 priations contained in this act shall be available to the state for the 26 payment and publication of grievance and arbitration settlements and 27 awards pursuant to articles 33 and 34 of the collective negotiating 28 agreement between the state and the employee organization representing 29 the collective negotiating unit designated as the professional, scien- 30 tific and technical services unit established pursuant to article 14 of 31 the civil service law. 32 § 9. During the period April 2, 2016 through April 1, 2019, there 33 shall be a statewide labor-management committee continued and adminis- 34 tered pursuant to the terms of the agreement negotiated between the 35 state and an employee organization representing employees in the collec- 36 tive negotiating unit designated as the professional, scientific and 37 technical services unit established pursuant to article 14 of the civil 38 service law which shall after April 2, 2016, have the responsibility of 39 studying, making recommendations concerning the major issues of produc- 40 tivity, the quality of work life and implementing the agreements 41 reached. 42 § 10. Inconvenience pay program. Pursuant to chapter 333 of the laws 43 of 1969, as amended, and an agreement negotiated between the state and 44 an employee organization representing employees in the professional, 45 scientific and technical services unit established pursuant to article 46 14 of the civil service law, an eligible employee shall continue to be 47 paid five hundred seventy-five dollars per year for working four or more 48 hours between the hours of 6:00 p.m. and 6:00 a.m. effective April 2, 49 2011. 50 § 11. Notwithstanding any provision of law to the contrary, effective 51 April 2, 2016, where and to the extent that an agreement between the 52 state and an employee organization so provides for a program concerning 53 a firearms training and safety incentive for peace officers in the 54 professional, scientific and technical services bargaining unit, a lump 55 sum payment for such incentive shall be paid for each year of such 56 program to any employee who is deemed qualified pursuant to such agree-A. 4542 9 1 ment. Such payment shall be in an amount negotiated for those employees 2 who meet criteria established by such program. Such payment shall occur 3 at the time prescribed by such program or as soon as practicable there- 4 after. Such lump sum payment shall not be paid in any year an employee 5 does not meet the qualifications and criteria of such program or upon 6 cessation of such program on April 1, 2019 unless an extension is nego- 7 tiated by the parties. Such lump sum payment shall be considered salary 8 for overtime purposes. 9 § 12. Notwithstanding any provision of law to the contrary, effective 10 April 2, 2016, where and to the extent that an agreement between the 11 state and an employee organization entered into pursuant to article 14 12 of the civil service law so provides on behalf of certain employees in 13 the collective negotiating unit designated as the professional, scien- 14 tific and technical services unit, and where there exists a policy 15 requiring employees in the fire protection specialist title series at 16 the office of fire prevention and control to wear uniforms, a lump sum 17 uniform allowance shall be paid to covered employees in accordance with 18 the terms of such agreement and policy. Such payments shall be in an 19 amount negotiated for covered employees and shall not be paid in any 20 year where a policy does not exist requiring uniforms in accordance with 21 the terms of the agreement or where an employee is not required to wear 22 a uniform or receives a regular uniform service. Such uniform allowance 23 will cease to exist on April 1, 2019, unless an extension is negotiated 24 by the parties. Such lump sum shall be considered salary only for final 25 average salary purposes. 26 § 13. The salary increases and benefit modifications provided for by 27 this act for state employees in the collective negotiating unit desig- 28 nated as the professional, scientific and technical services unit estab- 29 lished pursuant to article 14 of the civil service law shall not be 30 implemented until the director of employee relations shall have deliv- 31 ered to the director of the budget and the comptroller a letter certify- 32 ing that there is in effect with respect to such negotiating unit a 33 collectively negotiated agreement, ratified by the membership, which 34 provides for such increases and modifications and which are fully 35 executed in writing with the state pursuant to article 14 of the civil 36 service law. 37 § 14. Date of entitlement to salary increases. Notwithstanding the 38 provisions of this act or of any other provision of law to the contrary, 39 the increases in salary or compensation to employees provided by this 40 act shall be added to the salary of such employee at the beginning of 41 that payroll period, the first day of which is nearest to the effective 42 dates of such increases as provided in this act, or at the beginning of 43 the earlier of two payroll periods, the first days of which are nearest 44 but equally near to the effective dates of such increases as provided in 45 this act; provided, however, that, for the purposes of determining the 46 salary of such unit members upon reclassification, reallocation, 47 appointment, promotion, transfer, demotion, reinstatement, or other 48 change of status, such salary increases shall be deemed to be effective 49 on the dates thereof as prescribed by this act, with payment thereof 50 pursuant to this section on a date prior thereto, instead of on such 51 effective dates, and shall not operate to confer any additional salary 52 rights or benefits on such unit members. Payment of such salary 53 increases may be deferred pursuant to section fifteen of this act. 54 § 15. Deferred payment of salary increase. Notwithstanding the 55 provisions of any other section of this act or any other provision of 56 law to the contrary, pending payment pursuant to this act of the basicA. 4542 10 1 annual salaries of incumbents of positions subject to this act, such 2 incumbents shall receive, as partial compensation for services rendered, 3 the rate of salary and other compensation otherwise payable in their 4 respective positions. An incumbent holding a position subject to this 5 act at any time during the period from April 1, 2016, until the time 6 when basic annual salaries and other compensation due are first paid 7 pursuant to this act for such services in excess of the salary and other 8 compensation actually received therefor, shall be entitled to a lump sum 9 payment for the difference between the salary and other compensation to 10 which such incumbent is entitled for such services and the salary and 11 other compensation actually received pursuant to the terms of an agree- 12 ment between the state and the employee organization representing the 13 employees covered by this act. 14 § 16. Use of appropriations. The comptroller is authorized to pay any 15 amounts required during the fiscal year commencing April 1, 2016 through 16 March 31, 2018 by the foregoing provisions of this act for any state 17 department or agency from any appropriation or other funds available to 18 such state department or agency for personal service or for other 19 related employee benefits during such fiscal year. To the extent that 20 such appropriations in any fund are insufficient to accomplish the 21 purposes herein set forth, the director of the budget is authorized to 22 allocate to the various departments and agencies, from any appropri- 23 ations available in any fund, the amounts necessary to pay such amounts. 24 § 17. Effect of participation in special annuity program. No officer 25 or employee participating in a special annuity program pursuant to the 26 provisions of article 8-C of the education law shall, by reason of an 27 increase in compensation pursuant to this act, suffer any reduction of 28 the salary adjustment to which he or she would otherwise be entitled by 29 reason of participation in such program, and such salary adjustment 30 shall be based upon the salary of such officer or employee without 31 regard to the reduction authorized by such article. 32 § 18. Notwithstanding any provision of the state finance law or any 33 other provision of law to the contrary, the sum of three hundred twen- 34 ty-seven million dollars ($327,000,000) is hereby appropriated in the 35 general fund/state purposes account (10050) in miscellaneous-all state 36 departments and agencies solely for apportionment/transfer by the direc- 37 tor of the budget for use by any state department or agency in any fund 38 for the fiscal year beginning April 1, 2016 through March 31, 2018 to 39 supplement appropriations for personal service, other than personal 40 service and fringe benefits, and to carry out the provisions of this 41 act. The monies hereby appropriated are available for payment of any 42 liabilities or obligations incurred prior to or during the state fiscal 43 year commencing April 1, 2016 through March 31, 2018. For this purpose, 44 these appropriations shall remain in full force and effect for the 45 payment of liabilities incurred on or before March 31, 2018. 46 § 19. The several amounts as hereinafter set forth, or so much thereof 47 as may be necessary, are hereby appropriated for the fiscal year begin- 48 ning April 1, 2016 through March 31, 2018 to supplement appropriations 49 available for personal service, other than personal service and fringe 50 benefits, and to carry out the provisions of this act. Moreover, the 51 amounts appropriated as nonpersonal service may be 52 suballocated/transferred to any state department or agency as needed. 53 The monies hereby appropriated are available for payment of any liabil- 54 ities or obligations incurred prior to or during the state fiscal year 55 commencing April 1, 2016 through March 31, 2018. For this purpose, theseA. 4542 11 1 appropriations shall remain in full force and effect for the payment of 2 liabilities incurred on or before March 31, 2018. 3 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES 4 LABOR MANAGEMENT COMMITTEES 5 STATE OPERATIONS 2016-17 6 General Fund / State Operations 7 State Purposes Account - 10050 8 Professional, Scientific and Technical Services Unit 9 Professional development and quality of 10 working life committee ......................... 723,000 11 Health and Safety ................................ 938,000 12 PSPT Program ................................... 7,675,000 13 Joint Funded Programs .......................... 1,337,000 14 Multi-Funded Programs .......................... 1,309,000 15 Professional Development for Nurses .............. 682,000 16 Property Damage ................................... 29,000 17 Work-Life Services ............................. 3,151,000 18 Joint Committee on Health Benefits ............... 682,000 19 Contract Administration ........................... 50,000 20 § 20. This act shall take effect immediately and shall be deemed to 21 have been in full force and effect on and after April 2, 2016. Appropri- 22 ations made by this act shall remain in full force and effect for 23 liabilities incurred through March 31, 2018. REPEAL NOTE.--Subparagraph 1 of paragraph c of subdivision 1 of section 130 of the civil service law, repealed by section one of this act, provided a salary schedule for state employees in the professional, scientific and technical services unit and is replaced by revised salary schedules in new subparagraphs 1, 2 and 3. 24 PART B 25 SALARIES AND BENEFITS FOR CERTAIN STATE 26 OFFICERS AND EMPLOYEES EXCLUDED FROM 27 COLLECTIVE NEGOTIATING UNITS FOR 2016-2019 28 Section 1. Paragraph d of subdivision 1 of section 130 of the civil 29 service law is REPEALED and a new paragraph d is added to read as 30 follows: 31 d. Salary grades for positions in the competitive, non-competitive and 32 labor classes of the classified service of the state of New York desig- 33 nated managerial or confidential pursuant to article fourteen of this 34 chapter, civilian state employees of the division of military and naval 35 affairs of the executive department whose positions are not in, or are 36 excluded from representation rights in, any recognized or certified 37 negotiating unit, and those excluded from representation rights under 38 article fourteen of this chapter pursuant to rules or regulations of the 39 public employment relations board shall be as follows on the effective 40 dates indicated: 41 (1) Effective April first, two thousand sixteen: 42 GRADE HIRING RATE JOB RATEA. 4542 12 1 M/C 3 $24,894 $31,824 2 M/C 4 $25,993 $33,269 3 M/C 5 $27,552 $34,883 4 M/C 6 $28,721 $36,672 5 M/C 7 $30,378 $38,657 6 M/C 8 $32,044 $40,649 7 M/C 9 $33,875 $42,812 8 M/C 10 $35,701 $45,188 9 M/C 11 $37,866 $47,696 10 M/C 12 $39,864 $50,198 11 M/C 13 $42,184 $52,987 12 M/C 14 $44,690 $55,902 13 M/C 15 $47,177 $58,920 14 M/C 16 $49,836 $62,063 15 M/C 17 $52,663 $65,485 16 M/C 18 $52,943 $65,697 17 M/C 19 $55,782 $69,113 18 M/C 20 $58,626 $72,579 19 M/C 21 $61,788 $76,328 20 M/C 22 $65,109 $80,337 21 M/C 23 $68,446 $85,516 22 M 1 $73,878 $93,384 23 M 2 $81,934 $103,567 24 M 3 $90,935 $114,913 25 M 4 $100,577 $126,926 26 M 5 $111,677 $141,095 27 M 6 $123,648 $155,526 28 M 7 $136,294 $168,799 29 M 8 $114,915+ 30 (2) Effective April first, two thousand seventeen: 31 GRADE HIRING RATE JOB RATE 32 M/C 3 $25,900 $33,110 33 M/C 4 $27,043 $34,613 34 M/C 5 $28,665 $36,292 35 M/C 6 $29,881 $38,154 36 M/C 7 $31,605 $40,219 37 M/C 8 $33,339 $42,291 38 M/C 9 $35,244 $44,542 39 M/C 10 $37,143 $47,014 40 M/C 11 $39,396 $49,623 41 M/C 12 $41,475 $52,226 42 M/C 13 $43,888 $55,128 43 M/C 14 $46,495 $58,160 44 M/C 15 $49,083 $61,300 45 M/C 16 $51,849 $64,570 46 M/C 17 $54,791 $68,131 47 M/C 18 $55,082 $68,351 48 M/C 19 $58,036 $71,905 49 M/C 20 $60,994 $75,511 50 M/C 21 $64,284 $79,412 51 M/C 22 $67,739 $83,583 52 M/C 23 $71,211 $88,971 53 M 1 $76,863 $97,157 54 M 2 $85,244 $107,751A. 4542 13 1 M 3 $94,609 $119,555 2 M 4 $104,640 $132,054 3 M 5 $116,189 $146,795 4 M 6 $128,643 $161,809 5 M 7 $141,800 $175,618 6 M 8 $119,558+ 7 (3) Effective April first, two thousand eighteen: 8 GRADE HIRING RATE JOB RATE 9 M/C 3 $26,682 $34,110 10 M/C 4 $27,860 $35,658 11 M/C 5 $29,531 $37,388 12 M/C 6 $30,783 $39,306 13 M/C 7 $32,559 $41,434 14 M/C 8 $34,346 $43,568 15 M/C 9 $36,308 $45,887 16 M/C 10 $38,265 $48,434 17 M/C 11 $40,586 $51,122 18 M/C 12 $42,728 $53,803 19 M/C 13 $45,213 $56,793 20 M/C 14 $47,899 $59,916 21 M/C 15 $50,565 $63,151 22 M/C 16 $53,415 $66,520 23 M/C 17 $56,446 $70,189 24 M/C 18 $56,745 $70,415 25 M/C 19 $59,789 $74,077 26 M/C 20 $62,836 $77,791 27 M/C 21 $66,225 $81,810 28 M/C 22 $69,785 $86,107 29 M/C 23 $73,362 $91,658 30 M 1 $79,184 $100,091 31 M 2 $87,818 $111,005 32 M 3 $97,466 $123,166 33 M 4 $107,800 $136,042 34 M 5 $119,698 $151,228 35 M 6 $132,528 $166,696 36 M 7 $146,082 $180,922 37 M 8 $123,169+ 38 § 2. Subdivision 1 of section 19 of the correction law is REPEALED and 39 a new subdivision 1 is added to read as follows: 40 1. This section shall apply to each superintendent of a correctional 41 facility appointed on or after August ninth, nineteen hundred seventy- 42 five and any superintendent heretofore appointed who elects to be 43 covered by the provisions thereof by filing such election with the 44 commissioner. 45 a. The salary schedule for superintendents of a correctional facility 46 with an inmate population capacity of four hundred or more inmates shall 47 be as follows: 48 Effective April first, two thousand sixteen: 49 Hiring Rate Job Rate 50 $116,937 $159,580 51 Effective April first, two thousand seventeen: 52 Hiring Rate Job Rate 53 $121,661 $166,027A. 4542 14 1 Effective April first, two thousand eighteen: 2 Hiring Rate Job Rate 3 $125,335 $171,041 4 b. The salary schedule for superintendents of correctional facilities 5 with an inmate population capacity of fewer than four hundred inmates 6 shall be as follows: 7 Effective April first, two thousand sixteen: 8 Hiring Rate Job Rate 9 $90,935 $114,914 10 Effective April first, two thousand seventeen: 11 Hiring Rate Job Rate 12 $94,609 $119,557 13 Effective April first, two thousand eighteen: 14 Hiring Rate Job Rate 15 $97,466 $123,168 16 § 3. Compensation for certain state officers and employees. 1. The 17 provisions of this section shall apply to the following annual-salaried 18 state officers and employees: (a) officers and employees whose positions 19 are designated managerial or confidential pursuant to article 14 of the 20 civil service law; (b) civilian state employees of the division of mili- 21 tary and naval affairs in the executive department whose positions are 22 not in, or are excluded from representation rights in, any recognized or 23 certified negotiating unit; (c) officers and employees excluded from 24 representation rights under article 14 of the civil service law pursuant 25 to rules or regulations of the public employment relations board; and 26 (d) officers and employees whose salaries are prescribed by section 19 27 of the correction law. 28 2. For such officers and employees the following increases shall 29 apply: (a) Effective April 1, 2016, the basic annual salary of officers 30 and employees to whom the provisions of this subdivision apply shall be 31 increased by two percent (general salary increase for 2016, pursuant to 32 this chapter) adjusted to the nearest whole dollar amount. 33 (b) Effective April 1, 2017, the basic annual salary of officers and 34 employees to whom the provisions of this subdivision apply shall be 35 increased by four percent, consisting of two percent (pursuant to the 36 parity pay increase provided by part H of chapter 55 of the laws of 37 2015) and two percent (general salary increase for 2017, pursuant to 38 this chapter), adjusted to the nearest whole dollar amount. 39 (c) Effective April 1, 2018, the basic annual salary of officers and 40 employees to whom the provisions of this subdivision apply shall be 41 increased by three percent consisting of one percent (pursuant to the 42 parity pay increase provided by part H of chapter 55 of the laws of 43 2015) and two percent (general salary increase for 2018, pursuant to 44 this chapter) adjusted to the nearest whole dollar amount. 45 3. If an unencumbered position is one that, if encumbered, would be 46 subject to the provisions of this section, the salary of such position 47 shall be increased by the salary increase amounts specified in this 48 section. If a position is created and is filled by the appointment of an 49 officer or employee who is subject to the provisions of this section, 50 the salary otherwise provided for such position shall be increased in 51 the same manner as though such position had been in existence but unen- 52 cumbered. 53 4. The increases in salary payable pursuant to this section shall 54 apply on a prorated basis in accordance with guidelines issued by the 55 director of the budget to officers and employees otherwise eligible to 56 receive an increase in salary pursuant to this act who are paid on anA. 4542 15 1 hourly or per diem basis, employees serving on a part-time or seasonal 2 basis, and employees paid on any basis other than at an annual salary 3 rate. 4 5. Notwithstanding any of the foregoing provisions of this section, 5 the provisions of this section shall not apply to the following except 6 as otherwise provided by law: (a) officers or employees paid on a fee 7 schedule basis; (b) officers or employees whose salaries are prescribed 8 by section 40, 60, or 169 of the executive law; (c) officers or employ- 9 ees in collective negotiating units established pursuant to article 14 10 of the civil service law. 11 6. Officers and employees to whom the provisions of this section apply 12 who are incumbents of positions that are not allocated to salary grades 13 specified in paragraph d of subdivision 1 of section 130 of the civil 14 service law and whose salary is not prescribed in any other statute 15 shall receive the salary increases specified in subdivision two of this 16 section. 17 7. In order to provide for the officers and employees to whom this 18 section applies who are not allocated to salary grades performance 19 advancements, merit awards, longevity payments and in lieu payments, and 20 special achievement awards in proportion to those provided to persons to 21 whom this section applies who are allocated to salary grades, the direc- 22 tor of the budget is authorized to add appropriate adjustments to the 23 compensation that such officers and employees are otherwise entitled to 24 receive. The director of the budget shall issue certificates that shall 25 contain schedules of positions and the salaries or payments thereof for 26 which adjustments or payments are made pursuant to the provisions of 27 this subdivision, and a copy of each such certificate shall be filed 28 with the state comptroller, the department of civil service, the chair- 29 man of the senate finance committee and the chairman of the assembly 30 ways and means committee. 31 8. Notwithstanding any of the foregoing provisions of this section, 32 any increase in compensation for any officer or employee appointed to a 33 lower graded position from a redeployment list pursuant to subdivision 1 34 of section 79 of the civil service law who continues to receive his or 35 her former salary pursuant to such subdivision shall be determined on 36 the basis of such lower graded position provided, however, that the 37 increases in salary provided in subdivision two of this section shall 38 not cause such officer's or employee's salary to exceed the job rate of 39 any such lower graded position at salary grade. 40 9. Notwithstanding any of the foregoing provisions of this section or 41 of any law to the contrary, the director of the budget may reduce the 42 salary of any position which is vacant or which becomes vacant, so long 43 as the position, if encumbered, would be subject to the provisions of 44 this section. The director of the budget does not need to provide a 45 reason for such reduction. 46 § 4. Compensation for certain state officers and employees in the 47 division of state police. 1. The provisions of this section shall apply 48 to officers and employees whose salaries are provided for by paragraph 49 (a) of subdivision 1 of section 215 of the executive law. 50 2. (a) Effective April 1, 2016, the basic annual salary of officers 51 and employees to whom the provisions of this subdivision apply shall be 52 increased by two percent (general salary increase for 2016, pursuant to 53 this chapter) adjusted to the nearest whole dollar amount. 54 (b) Effective April 1, 2017, the basic annual salary of officers and 55 employees to whom the provisions of this subdivision apply shall be 56 increased by four percent, consisting of two percent (pursuant to theA. 4542 16 1 parity pay increase provided by part H of chapter 55 of the laws of 2 2015) and two percent (general salary increase for 2017, pursuant to 3 this chapter), adjusted to the nearest whole dollar amount. 4 (c) Effective April 1, 2018, the basic annual salary of officers and 5 employees to whom the provisions of this subdivision apply shall be 6 increased by three percent, consisting of one percent (pursuant to the 7 parity pay increase provided by part H of chapter 55 of the laws of 8 2015) and two percent (general salary increase for 2018, pursuant to 9 this chapter), adjusted to the nearest whole dollar amount. 10 3. The increases in salary payable pursuant to this section shall 11 apply on a prorated basis in accordance with guidelines issued by the 12 director of the budget to officers and employees otherwise eligible to 13 receive an increase in salary pursuant to this act who are paid on an 14 hourly or per diem basis, employees serving on a part-time or seasonal 15 basis, and employees paid on any basis other than at an annual salary 16 rate. 17 4. Notwithstanding any of the foregoing provisions of this section, 18 any increase in compensation for any officer or employee appointed to a 19 lower graded position from a redeployment list pursuant to subdivision 1 20 of section 79 of the civil service law who continues to receive his or 21 her former salary pursuant to such subdivision shall be determined on 22 the basis of such lower graded position provided, however, that the 23 increases in salary provided in subdivision two of this section shall 24 not cause such officer's or employee's salary to exceed the job rate of 25 any such lower graded position at salary grade. 26 § 5. Compensation for certain state employees in the state university 27 and certain employees of contract colleges at Cornell and Alfred univer- 28 sities. 1. Effective April 1, 2016, April 1, 2017 and April 1, 2018, the 29 basic annual salary of incumbents of positions in the professional 30 service in the state university that are designated, stipulated, or 31 excluded from negotiating units as managerial or confidential as defined 32 pursuant to article 14 of the civil service law, may be increased pursu- 33 ant to plans approved by the state university trustees. Such increases 34 in basic annual salary rates shall not exceed in the aggregate two 35 percent (general salary increase for 2016, pursuant to this chapter) of 36 the total basic annual salary rates in effect on March 31, 2016, four 37 percent, consisting of two percent (pursuant to the parity pay increase 38 provided by part H of chapter 55 of the laws of 2015) and two percent 39 (general salary increase for 2017, pursuant to this chapter), of the 40 total basic annual salary rates in effect on March 31, 2017 and three 41 percent, consisting of one percent (pursuant to the parity pay increase 42 provided by part H of chapter 55 of the laws of 2015) and two percent 43 (general salary increase for 2018, pursuant to this chapter), of the 44 total basic annual salary rates in effect on March 31, 2018. 45 2. Effective April 1, 2016, April 1, 2017 and April 1, 2018, the basic 46 annual salary of incumbents of positions in the institutions under the 47 management and control of Cornell and Alfred universities as represen- 48 tatives of the board of trustees of the state university that, in the 49 opinion of the director of employee relations, would be designated mana- 50 gerial or confidential were they subject to article 14 of the civil 51 service law may be increased pursuant to plans approved by the state 52 university trustees. Such increases in basic annual salary rates shall 53 not exceed in the aggregate two percent (general salary increase for 54 2016, pursuant to this chapter) of the total basic annual salary rates 55 in effect March 31, 2016, four percent, consisting of two percent 56 (pursuant to the parity pay increase provided by part H of chapter 55 ofA. 4542 17 1 the laws of 2015) and two percent (general salary increase for 2017, 2 pursuant to this chapter), of the total basic annual salary rates in 3 effect on March 31, 2017 and three percent, consisting of one percent 4 (pursuant to the parity pay increase provided by part H of chapter 55 of 5 the laws of 2015) and two percent (general salary increase for 2018, 6 pursuant to this chapter), of the total basic annual salary rates in 7 effect on March 31, 2018. 8 3. During the period April 1, 2016 through March 31, 2019, the basic 9 annual salary of incumbents of positions in the non-professional service 10 that, in the opinion of the director of employee relations, would be 11 designated managerial or confidential were they subject to article 14 of 12 the civil service law, except those positions in the Cornell service and 13 maintenance unit that are subject to the terms of a collective bargain- 14 ing agreement between Cornell university and the employee organization 15 representing employees in such positions and except those positions in 16 the Alfred service and maintenance unit that are subject to the terms of 17 a collective bargaining agreement between Alfred university and the 18 employee organization representing employees in such positions, in 19 institutions under the management and control of Cornell and Alfred 20 universities as representatives of the board of trustees of the state 21 university may be increased pursuant to plans approved by the state 22 university trustees. Such plans may include new salary schedules which 23 shall supersede the salary schedules then in effect applicable to such 24 employees. Such plans shall provide for increases in basic annual sala- 25 ries, which, exclusive of performance advancement payments or merit 26 recognition payments, shall not exceed in the aggregate two percent 27 (general salary increase for 2016, pursuant to this chapter) of the 28 total basic annual salary rates in effect on March 31, 2016, four 29 percent, consisting of two percent (pursuant to the parity pay increase 30 provided by part H of chapter 55 of the laws of 2015) and two percent 31 (general salary increase for 2017, pursuant to this chapter), of the 32 total basic annual salary rates in effect on March 31, 2017 and three 33 percent, consisting of one percent (pursuant to the parity pay increase 34 provided by part H of chapter 55 of the laws of 2015) and two percent 35 (general salary increase for 2018, pursuant to this chapter), of the 36 total basic annual salary rates in effect on March 31, 2018. 37 4. For the purposes of this section, the basic annual salary of an 38 employee is that salary that is obtained through direct appropriation of 39 state moneys for the purpose of paying wages. Nothing in this part shall 40 prevent increasing amounts paid to incumbents of such positions in the 41 professional service in addition to the basic annual salary, provided, 42 however, that the amounts required for such increase and the cost of 43 fringe benefits attributable to such increase, as determined by the 44 comptroller, are made available to the state in accordance with the 45 procedures established by the state university, with the approval of the 46 director of the budget, for such purposes. 47 5. Notwithstanding any of the foregoing provisions of this section or 48 any law to the contrary, any increase in compensation may be withheld in 49 whole or in part from any employee to whom the provision of this section 50 apply pursuant to section fourteen of this act. 51 § 6. Location compensation for certain state officers and employees. 52 1. This section shall apply to all full-time annual salaried state 53 officers and employees and non-annual salaried seasonal state officers 54 and employees except the following: 55 (a) officers and employees of the legislature and the judiciary, 56 including officers and employees of boards, bodies and commissions thatA. 4542 18 1 are deemed to be part of the legislature or judiciary for the purposes 2 of section 49 of the state finance law; 3 (b) officers and employees whose salaries are prescribed by or deter- 4 mined in accordance with section 40, 60, 169, 215 or 216 of the execu- 5 tive law; 6 (c) incumbents of allocated or unallocated positions in the profes- 7 sional service in the state university and in institutions under the 8 management and control of Cornell and Alfred universities as represen- 9 tatives of the board of trustees of the state university; 10 (d) officers and employees who are in recognized or certified collec- 11 tive negotiating units pursuant to article 14 of the civil service law. 12 2. Notwithstanding the provisions of section 15 of chapter 333 of the 13 laws of 1969, as amended, officers and employees subject to this section 14 whose principal place of employment or, in the case of field employees, 15 whose official station as determined in accordance with the regulations 16 of the comptroller is located: (a) in the county of Monroe and who were 17 eligible to receive location pay on March 31, 1985, shall receive 18 location pay at the rate of two hundred dollars per year provided they 19 continue to be otherwise eligible. 20 (b) in the city of New York, or in the county of Rockland, Westches- 21 ter, Nassau, or Suffolk shall continue to receive a downstate adjustment 22 at the rate of three thousand twenty-six dollars effective October 1, 23 2008. 24 (c) in the county of Dutchess, Orange, or Putnam shall continue to 25 receive a mid-Hudson adjustment at the rate of one thousand five hundred 26 thirteen dollars effective October 1, 2008. Such location payments shall 27 be in addition to and shall not be a part of an employee's basic annual 28 salary, and shall not affect or impair any advancements or other rights 29 or benefits to which an employee may be entitled by law, provided, 30 however, that location payments shall be included as compensation for 31 purposes of computation of overtime pay and for retirement purposes. 32 For the sole purpose of continuing eligibility for location pay in 33 Monroe county, an employee previously eligible to receive location pay 34 on March 31, 1985 who is on an approved leave of absence or participates 35 in an employer program to reduce to part-time service during summer 36 months shall continue to be eligible for said location pay upon return 37 to full-time state service in Monroe county. 38 § 7. Continuation of location compensation for certain officers and 39 employees of the Hudson Valley developmental disabilities services 40 office. 1. Notwithstanding any law, rule or regulation to the contrary, 41 any officer or employee of the Hudson Valley developmental disabilities 42 services office not represented in collective negotiating units estab- 43 lished pursuant to article 14 of the civil service law who is receiving 44 location pay pursuant to section 5 of chapter 174 of the laws of 1993 45 shall continue to receive such location pay under the conditions and at 46 the rates specified by such section. 47 2. Notwithstanding section seven of this act or any other law, rule or 48 regulation to the contrary, any officer or employee of the Hudson Valley 49 developmental disabilities services office not represented in collective 50 negotiating units established pursuant to article 14 of the civil 51 service law who is receiving location pay pursuant to said section seven 52 of this act shall continue to be eligible for such location pay if such 53 officer's or employee's principal place of employment is changed to a 54 location outside of the county of Rockland as the result of a reduction 55 or redeployment of staff, provided, however, that such officer or 56 employee is reassigned to or otherwise appointed or promoted to aA. 4542 19 1 different position at another work location within such Hudson Valley 2 developmental disabilities services office located outside of the county 3 of Rockland. The rate of such continued location pay shall not exceed 4 the rate such officer or employee is receiving on the date of such reas- 5 signment, appointment, or promotion. 6 § 8. Overtime meal allowance. Notwithstanding any other provision of 7 law to the contrary, individuals in positions in the classified service 8 of the state of New York designated managerial or confidential pursuant 9 to article 14 of the civil service law, shall continue to receive, 10 effective April 1, 2011, an overtime meal allowance in the amount of 11 $5.50 pursuant to eligibility guidelines developed by the director of 12 employee relations. 13 § 9. Notwithstanding any provision of law to the contrary, the appro- 14 priations contained in this act shall be available to the state for the 15 payment of grievance settlements and awards pursuant to executive order 16 42, dated October 14, 1970, and title 9, part 560, official compilation 17 of codes, rules and regulations of the state of New York. 18 § 10. Use of appropriations. The comptroller is authorized to pay any 19 amounts required during the fiscal years commencing April 1, 2016 20 through March 31, 2018 by the foregoing provisions of this act for any 21 state department or agency from any appropriation or other funds avail- 22 able to such state department or agency for personal service or for 23 other related employee benefits during such fiscal year. To the extent 24 that such appropriations in any fund are insufficient to accomplish the 25 purposes herein set forth, the director of the budget is authorized to 26 allocate to the various departments and agencies, from any appropri- 27 ations available in any fund, the amounts necessary to pay such amounts. 28 § 11. Effect of participation in special annuity program. No officer 29 or employee participating in a special annuity program pursuant to the 30 provision of article 8-C of the education law shall, by reason of an 31 increase in compensation pursuant to this act, suffer any reduction of 32 the salary adjustment to which that employee would otherwise be entitled 33 by reason of participation in such program, and such salary adjustment 34 shall be based upon the salary of such officer or employee without 35 regard to the reduction authorized by such article. 36 § 12. Date of entitlement to salary increases. Notwithstanding the 37 provisions of this act or of any other law, the increases in salary or 38 compensation of any officer or employee provided by this act shall be 39 added to the salary or compensation of such officer or employee at the 40 beginning of that payroll period the first day of which is nearest to 41 the effective date of such increases as provided in this act, or at the 42 beginning of the earlier of two payroll periods the first days of which 43 are nearest but equally near to the effective dates of such increases as 44 provided in this act, provided, however, that for the purposes of deter- 45 mining the salary of such officer or employee upon reclassification, 46 reallocation, appointment, promotion, transfer, demotion, reinstatement 47 or other change of status, such salary increases shall be deemed to be 48 effective on the date thereof as prescribed in this act, and the payment 49 thereof pursuant to this section on a date prior thereto, instead of on 50 such effective date, shall not operate to confer any additional salary 51 rights or benefits on such officer or employee. Payment of such salary 52 increases may be deferred pursuant to section thirteen of this act. 53 § 13. Deferred payment of salary increase. Notwithstanding the 54 provisions of any other section of this act or any other provision of 55 law to the contrary, pending payment pursuant to this act of the basic 56 annual salaries of incumbents of positions subject to this act, suchA. 4542 20 1 incumbents shall receive, as partial compensation for services rendered, 2 the rate of salary and other compensation otherwise payable in their 3 respective positions. An incumbent holding a position subject to this 4 act at any time during the period from April 1, 2016, until the time 5 when basic annual salaries and other compensation due are first paid 6 pursuant to this act for such services in excess of the salary and other 7 compensation actually received therefor, shall be entitled to a lump sum 8 payment for the difference between the salary and other compensation to 9 which such incumbent is entitled for such services and the salary and 10 other compensation actually received. 11 § 14. 1. Notwithstanding the provisions of any other section of this 12 act or any other provision of law to the contrary, any increase in 13 compensation provided: (a) in this act, or (b) as a result of a 14 promotion, appointment, or advancement to a position in a higher salary 15 grade, or (c) pursuant to paragraph (c) of subdivision 6 of section 131 16 of the civil service law, or (d) pursuant to paragraph (b) of subdivi- 17 sion 8 of section 130 of the civil service law, or (e) pursuant to para- 18 graph (a) of subdivision 3 of section 13 of chapter 732 of the laws of 19 1988, as amended, may be withheld in whole or in part from any officer 20 or employee when, in the opinion of the director of the budget, such 21 withholding is necessary to reflect the job performance of such officer 22 or employee, or to maintain appropriate salary relationships among offi- 23 cers or employees of the state, or to reduce state expenditures to 24 acceptable levels or when, in the opinion of the director of the budget, 25 such increase is not warranted or is not appropriate. Nothing in this 26 act shall alter the authority of the director of budget to withhold a 27 parity pay increase in accordance with the authority for such action as 28 granted the director of budget by part H of chapter 55 of the laws of 29 2015. However, the obligation to provide notice of denial of a full or 30 partial parity payment, and the right to contest such denial, pursuant 31 to paragraph d of subdivision 5 of section 3 of part H of chapter 55 of 32 the laws of 2015 shall continue with respect to the parity pay 33 increases, referenced in this act, that were originally enacted pursuant 34 to part H of chapter 55 of the laws of 2015. As a result of an exercise 35 of the director's authority under this act, or part H of chapter 55 of 36 the laws of 2015, to withhold any increase, such salary schedules as 37 defined in section one of this act shall be implemented and/or modified 38 by the director of the budget, as necessary, consistent with the 39 provision or withholding of such increases pursuant to this section. 40 2. Notwithstanding the provisions of any other section of this act, 41 the salary increases provided for in this act shall not be implemented 42 until the director of the budget delivers notice to the comptroller that 43 such amounts may be paid. 44 § 15. Notwithstanding any provision of the state finance law or any 45 other provision of law to the contrary, the sum of one hundred nine 46 million dollars ($109,000,000) is hereby appropriated in the general 47 fund/state purposes account (10050) in miscellaneous-all state depart- 48 ments and agencies solely for apportionment/transfer by the director of 49 the budget for use by any state department or agency in any fund for the 50 fiscal year beginning April 1, 2016 through March 31, 2018 to supplement 51 appropriations for personal service, other than personal service and 52 fringe benefits, and to carry out the provisions of this act. No money 53 shall be available for expenditure from this appropriation until a 54 certificate of approval has been issued by the director of the budget 55 and a copy of such certificate or any amendment thereto has been filed 56 with the state comptroller, the chairman of the senate finance committeeA. 4542 21 1 and the chairman of the assembly ways and means committee. The monies 2 hereby appropriated are available for payment of any liabilities or 3 obligations incurred prior to or during the state fiscal year commencing 4 April 1, 2016 through March 31, 2018. For this purpose, these appropri- 5 ations shall remain in full force and effect for the payment of liabil- 6 ities incurred on or before March 31, 2018. 7 § 16. The several amounts as hereinafter set forth, or so much thereof 8 as may be necessary, are hereby appropriated from the fund so designated 9 for use by any state department or agency for the fiscal year beginning 10 April 1, 2016 through March 31, 2018 to supplement appropriations from 11 each respective fund available for personal service, other than personal 12 service and fringe benefits, and to carry out the provisions of this 13 act. No money shall be available for expenditure from this appropriation 14 until a certificate of approval has been issued by the director of the 15 budget and a copy of such certificate or any amendment thereto has been 16 filed with the state comptroller, the chairman of the senate finance 17 committee and the chairman of the assembly ways and means committee. 18 ALL STATE DEPARTMENTS AND AGENCIES 19 SPECIAL PAY BILLS 20 General Fund / State Operations 21 State Purposes Account - 003 22 Nonpersonal Service 23 Family benefits .................... 310,000 24 Medical flexible spending account .. 500,000 25 Pre-tax transportation benefit ..... 550,000 26 Employee Training and Profes- 27 sional Development ............. 1,018,000 28 Uniform allowance .................. 245,000 29 Tuition reimbursement .............. 250,000 30 M/C share of negotiated programs ... 570,000 31 § 17. This act shall take effect immediately and shall be deemed to 32 have been in full force and effect on and after April 1, 2016. Appropri- 33 ations made by this act shall remain in full force and effect for 34 liabilities incurred through March 31, 2018. REPEAL NOTE.--Paragraph d of subdivision 1 of section 130 of the civil service law, repealed by section one of this act, provided salary sched- ules for state employees designated managerial and confidential pursuant to article 14 of the civil service law and is replaced by revised salary schedules in a new paragraph d. REPEAL NOTE.--Subdivision 1 of section 19 of the correction law, repealed by section two of this act, provided salary schedules for superintendents of correctional facilities and is replaced by revised salary schedules in a new subdivision 1. 35 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 36 sion, section or part contained in any part of this act shall be 37 adjudged by any court of competent jurisdiction to be invalid, such 38 judgment shall not affect, impair, or invalidate the remainder thereof, 39 but shall be confined in its operation to the clause, sentence, para- 40 graph, subdivision, section or part contained in any part thereof 41 directly involved in the controversy which such judgment shall have been 42 rendered. It is hereby declared to be the intent of the legislature thatA. 4542 22 1 this act would have been enacted even if such invalid provisions had not 2 been included herein. 3 § 3. This act shall take effect immediately provided, however, that 4 the applicable effective date for Parts A through B of this act shall be 5 as specifically set forth in the last section of such Part.
