Bill Text: NY A07767 | 2023-2024 | General Assembly | Introduced


Bill Title: Implements an agreement between the state and an employee organization; provides for the adjustment of salaries of certain incumbents in the professional service in the state university; makes an appropriation for the purpose of effectuating certain provisions thereof.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2023-06-09 - substituted by s7575 [A07767 Detail]

Download: New_York-2023-A07767-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7767

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      June 7, 2023
                                       ___________

        Introduced  by  M.  of A. EACHUS -- (at request of the Governor) -- read
          once and referred to the Committee on Ways and Means

        AN ACT implementing an agreement  between  the  state  and  an  employee
          organization;  providing  for  the  adjustment  of salaries of certain
          incumbents in the professional service in the  state  university;  and
          making  an  appropriation  for  the  purpose  of  effectuating certain
          provisions thereof

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Definitions.  1.  For purposes of this act, "professional
     2  services unit" means the collective negotiating unit designated  as  the
     3  professional  services  negotiating  unit in the state university of New
     4  York established pursuant to article 14 of the civil service law.
     5    2. For purposes of this act,  "the  agreement"  means  a  collectively
     6  negotiated  agreement  entered  into  in  2023 between the state and the
     7  employee organization representing members of the professional  services
     8  unit.
     9    3.  For  purposes  of  this act, "the employee organization" means the
    10  employee organization representing members of the professional  services
    11  unit.
    12    §  2.  Adjustment to salaries and other compensation of certain incum-
    13  bents in positions in the professional service in the state university.
    14    1. The basic annual salaries as of June 30,  2022,  of  incumbents  in
    15  positions  in  the  professional  service in the state university in the
    16  professional services unit, other than positions described  in  subdivi-
    17  sion fourteen of this section, shall be increased by 2 percent, adjusted
    18  to  the  nearest whole dollar amount (a) commencing the first day of the
    19  payroll period closest to July 2, 2022 for employees having  a  calendar
    20  year or college year professional obligation or (b) commencing the first
    21  day  of  the  payroll  period closest to September 1, 2022 for employees
    22  having an academic year professional  obligation,  except  that  certain

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12017-02-3

        A. 7767                             2

     1  incumbents  at  the  state  university  of  New  York at Binghamton, the
     2  colleges of technology and the agriculture and technology colleges here-
     3  tofore specifically identified by the department of audit  and  control,
     4  for  the  purpose  of establishing the effective date of eligibility for
     5  salary increases shall be granted said salary  increase  commencing  the
     6  first  day of the payroll period closest to July 2, 2022.  Notwithstand-
     7  ing the above provisions of this subdivision, for  employees  having  an
     8  academic  year  professional  obligation  and who are in a 21 pay period
     9  status, for the purpose of establishing the effective date of  eligibil-
    10  ity for salary increase, shall be granted said salary increase effective
    11  August 18, 2022.
    12    2.  The  basic  annual  salaries as of June 30, 2023, of incumbents in
    13  positions in the professional service in the  state  university  in  the
    14  professional  services  unit, other than positions described in subdivi-
    15  sion fourteen of this section, shall be increased by 3 percent, adjusted
    16  to the nearest whole dollar amount (a) commencing the first day  of  the
    17  payroll  period closest to July 1, 2023, for employees having a calendar
    18  year or college year professional  obligation,  or  (b)  commencing  the
    19  first  day  of  the  payroll  period  closest  to September 1, 2023, for
    20  employees having an academic year professional obligation,  except  that
    21  certain  incumbents  at  the state university of New York at Binghamton,
    22  the colleges of technology and the agriculture and  technology  colleges
    23  heretofore  specifically  identified  by  the  department  of  audit and
    24  control for the purpose of establishing the effective date of  eligibil-
    25  ity for salary increases, shall be granted said salary increase commenc-
    26  ing  the  first  day  of  the  payroll  period  closest to July 1, 2023.
    27  Notwithstanding the above  provisions  of  this  subdivision,  employees
    28  having  an academic year professional obligation and who are in a 21 pay
    29  period status, for the purpose of establishing  the  effective  date  of
    30  eligibility  for salary increases, shall be granted said salary increase
    31  effective August 17, 2023.
    32    3. The basic annual salaries as of June 30,  2024,  of  incumbents  in
    33  positions  in  the  professional  service in the state university in the
    34  professional services unit, other than positions described  in  subdivi-
    35  sion fourteen of this section, shall be increased by 3 percent, adjusted
    36  to  the  nearest whole dollar amount (a) commencing the first day of the
    37  payroll period closest to July 1, 2024, for employees having a  calendar
    38  year  or  college  year  professional  obligation, or (b) commencing the
    39  first day of the payroll  period  closest  to  September  1,  2024,  for
    40  employees  having  an academic year professional obligation, except that
    41  certain incumbents at the state university of New  York  at  Binghamton,
    42  the  colleges  of technology and the agriculture and technology colleges
    43  heretofore specifically  identified  by  the  department  of  audit  and
    44  control  for the purpose of establishing the effective date of eligibil-
    45  ity for salary increases, shall be granted said salary increase commenc-
    46  ing the first day of  the  payroll  period  closest  to  July  1,  2024.
    47  Notwithstanding  the  above  provisions  of  this subdivision, employees
    48  having an academic year professional obligation and who are in a 21  pay
    49  period  status,  for  the  purpose of establishing the effective date of
    50  eligibility for salary increases, shall be granted said salary  increase
    51  effective August 15, 2024.
    52    4.  The  basic  annual  salaries as of June 30, 2025, of incumbents in
    53  positions in the professional service in the  state  university  in  the
    54  professional  services  unit, other than positions described in subdivi-
    55  sion fourteen of this section, shall be increased by 3 percent, adjusted
    56  to the nearest whole dollar amount (a) commencing the first day  of  the

        A. 7767                             3

     1  payroll  period closest to July 1, 2025, for employees having a calendar
     2  year or college year professional  obligation,  or  (b)  commencing  the
     3  first  day  of  the  payroll  period  closest  to September 1, 2025, for
     4  employees  having  an academic year professional obligation, except that
     5  certain incumbents at the state university of New  York  at  Binghamton,
     6  the  colleges  of technology and the agriculture and technology colleges
     7  heretofore specifically  identified  by  the  department  of  audit  and
     8  control  for the purpose of establishing the effective date of eligibil-
     9  ity for salary increases, shall be granted said salary increase commenc-
    10  ing the first day of  the  payroll  period  closest  to  July  1,  2025.
    11  Notwithstanding  the  above  provisions  of  this subdivision, employees
    12  having an academic year professional obligation and who are in a 21  pay
    13  period  status,  for  the  purpose of establishing the effective date of
    14  eligibility for salary increase, shall be granted said  salary  increase
    15  effective August 14, 2025.
    16    5.  Notwithstanding  the provisions of subdivision one, two, three, or
    17  four of this section, an employee in service on April 30 of 2022,  2023,
    18  2024, or 2025, whose employment expired prior to July 2, 2022 or July 1,
    19  2023,  2024, or 2025, respectively, and who would have been eligible for
    20  the salary increase provided for in subdivision one, two, three, or four
    21  of this section if the employee's employment had continued through  July
    22  2  or  July  1  of  that year, as appropriate, shall be eligible for the
    23  salary increase provided for in subdivision one, two, three, or four  of
    24  this section if the employee is reemployed in an equivalent position for
    25  at  least  one  semester  or  the  equivalent of the twelve-month period
    26  commencing on July 2 or July 1 of such year, as appropriate.
    27    6. Notwithstanding the provisions of subdivision one, two,  three,  or
    28  four  of  this  section,  an employee in service during a portion of the
    29  twelve-month period commencing on July 1 of 2021, 2022, 2023,  or  2024,
    30  for  at  least  one  semester  or  the  equivalent, but whose employment
    31  expired prior to July 1 of the following year, shall be eligible for the
    32  salary increase provided for such year in subdivision one,  two,  three,
    33  or  four  of this section if the employee is reemployed in an equivalent
    34  position for at least one semester or the equivalent of the twelve-month
    35  period commencing on July 1 of such following year.
    36    7. The provisions of this subdivision shall  apply  to  incumbents  in
    37  positions  in  the  professional  services  unit,  other  than positions
    38  described in subdivision thirteen of this section.
    39    (a) Pursuant to the terms of the agreement, for the year 2023,  incum-
    40  bents  on  the payroll on June 30, 2023 and at the time of payment shall
    41  be paid a lump sum payment in  the  amount  of  400  dollars.  Part-time
    42  employees  shall be eligible for the lump sum payment of 400 dollars, at
    43  a pro-rated amount, pursuant to the terms of the  agreement.  Incumbents
    44  on  the payroll on June 30, 2023 shall include those part-time employees
    45  in service on April 30, 2023, but whose employment expired prior to July
    46  1, 2023. Such lump sum payments shall be added to  basic  annual  salary
    47  and shall be payable not later than December 31, 2023.
    48    (b)  Pursuant  to the terms of the agreement, for the year 2024, there
    49  shall be available an amount equal to .5 percent (.5%) of the  total  of
    50  the  basic  annual  salaries  on June 30, 2024 to whom the provisions of
    51  this subdivision apply, for distribution to such incumbents as  payments
    52  made by the state university trustees in their discretion. Such payments
    53  as  described  in  this  paragraph  shall  be  made to incumbents on the
    54  payroll on June 30, 2024 and at the time of payment and shall occur  not
    55  later  than  December  31,  2024.  Such  payments  shall be a part of an
    56  employee's basic annual salary. The total of the basic  annual  salaries

        A. 7767                             4

     1  on June 30, 2024 shall include the total salaries of part-time employees
     2  in service on April 30, 2024, but whose employment expires prior to July
     3  1,  2024.  If  the part-time faculty employee is reemployed prior to the
     4  distribution  of  the  pool, the employee will be eligible for a discre-
     5  tionary increase at the discretion of the state university trustees.
     6    (c) Pursuant to the terms of the agreement, for the year  2025,  there
     7  shall  be  available an amount equal to .5 percent (.5%) of the total of
     8  the basic annual salaries on June 30, 2025 to  whom  the  provisions  of
     9  this  subdivision apply, for distribution to such incumbents as payments
    10  made by the state university trustees in their discretion. Such payments
    11  as described in this paragraph  shall  be  made  to  incumbents  on  the
    12  payroll  on June 30, 2025 and at the time of payment and shall occur not
    13  later than December 31, 2025. Such  payments  shall  be  a  part  of  an
    14  employee's  basic  annual salary. The total of the basic annual salaries
    15  on June 30, 2025 shall include the total salaries of part-time employees
    16  in service on April 30, 2025, but whose employment expires prior to July
    17  1, 2025. If the part-time faculty employee is reemployed  prior  to  the
    18  distribution  of  the  pool, the employee will be eligible for a discre-
    19  tionary increase at the discretion of the state university trustees.
    20    (d) Pursuant to the terms of the agreement, for the year  2026,  there
    21  shall  be  available an amount equal to .5 percent (.5%) of the total of
    22  the basic annual salaries on June 30, 2026 to  whom  the  provisions  of
    23  this  subdivision apply, for distribution to such incumbents as payments
    24  made by the state university trustees in their discretion. Such payments
    25  as described in this paragraph  shall  be  made  to  incumbents  on  the
    26  payroll  on June 30, 2026 and at the time of payment and shall occur not
    27  later than December 31, 2026. Such  payments  shall  be  a  part  of  an
    28  employee's  basic  annual salary. The total of the basic annual salaries
    29  on June 30, 2026 shall include the total salaries of part-time employees
    30  in service on April 30, 2026, but whose employment expires prior to July
    31  1, 2026. If the part-time faculty employee is reemployed  prior  to  the
    32  distribution  of  the  pool, the employee will be eligible for a discre-
    33  tionary increase at the discretion of the state university trustees.
    34    8. Location compensation of certain incumbents  in  positions  in  the
    35  professional service of the state university. (a) Employees in positions
    36  in  the professional services unit who are full-time employees and whose
    37  work station is: (i) in the city of  New  York,  or  in  the  county  of
    38  Suffolk,  Nassau, Rockland or Westchester, shall continue to be entitled
    39  to location pay at the annual rate of 3,026 dollars effective January 1,
    40  2009 increasing to 3,087 dollars effective July 1, 2023  and  increasing
    41  to  3,400 dollars effective July 1, 2024 and increasing to 4,000 dollars
    42  effective July 1, 2025, or (ii) in the county  of  Dutchess,  Putnam  or
    43  Orange  shall continue to be entitled to location pay at the annual rate
    44  of 1,513 dollars effective January 1, 2009 increasing to  1,543  dollars
    45  effective July 1, 2023 and increasing to 1,650 dollars effective July 1,
    46  2024 and increasing to 2,000 dollars effective July 1, 2025.
    47    (b)  Payments  made  under  paragraph (a) of this subdivision shall be
    48  paid biweekly and shall be in addition to and  not  part  of  the  basic
    49  annual  salary  of  such  employees,  provided, however, that any amount
    50  payable pursuant to this subdivision shall be included  as  compensation
    51  for retirement purposes.
    52    (c)  Notwithstanding  the provisions of paragraph (a) of this subdivi-
    53  sion, a full-time employee on an authorized  leave  of  absence  who  is
    54  receiving a part-time salary, but who would have been otherwise eligible
    55  for  the location compensation set forth in paragraph (a) of this subdi-
    56  vision, shall be eligible for such location compensation, on a pro-rated

        A. 7767                             5

     1  basis, and shall be paid  the  appropriately  pro-rated  amount  of  the
     2  location  compensation,  which pro-rated amount shall be consistent with
     3  the part-time salary of that employee.
     4    9.  (a) Pursuant to the terms of the agreement, full-time employees in
     5  the professional services  unit  who  have  been  granted  permanent  or
     6  continuing  appointment  at  the  campus  at  which  they  currently are
     7  employed, or full-time employees who have been granted  a  second  five-
     8  year term appointment at the campus at which they are currently employed
     9  under Article XI, Appendix A of the policies of the board of trustees of
    10  the  state  university  of New York, shall receive a one-time advance to
    11  basic annual salary of 500 dollars. Employees who have  completed  seven
    12  consecutive  years  of full-time service at the campus at which they are
    13  currently employed in the title of Lecturer or  in  any  of  the  titles
    14  listed  in  Article  XI, Appendix B, Section 4 - Division III Sports, or
    15  Article XI, Appendix C, shall receive a one-time advance to basic annual
    16  salary of 500 dollars.
    17    (b) Pursuant to the terms of the agreement, commencing July  1,  2024,
    18  full-time  employees  who  have  been  granted  permanent  or continuing
    19  appointment by the Chancellor, at the campus at which they are currently
    20  employed, or a second five-year term appointment, at the campus at which
    21  they are currently employed in titles listed in Article Xl,  Appendix  A
    22  of the Policies, shall receive a one-time advance to basic annual salary
    23  of $1,000 (employees who previously received $500 under paragraph (a) of
    24  this  subdivision  shall only receive an additional $500). Employees who
    25  have completed seven consecutive  years  of  full-time  service  at  the
    26  campus at which they are currently employed in the title of Lecturer, in
    27  any  qualified  academic  rank  title, or in any of the titles listed in
    28  Article XI, Appendix B, Section 4-Division III Sports,  or  Article  XI,
    29  Appendix  C  shall  receive a one-time advance to basic annual salary of
    30  $1,000 (employees who previously received $500 under  paragraph  (a)  of
    31  this subdivision shall only receive an additional $500).
    32    (c)  Pursuant  to the terms of the agreement, commencing July 1, 2025,
    33  full-time employees who have received a payment  pursuant  to  paragraph
    34  (a) or (b) of this subdivision and who have completed twelve consecutive
    35  years  of  full-time  service  at the campus at which they are currently
    36  employed shall receive a one-time advance  to  basic  annual  salary  of
    37  $800.
    38    (d) Pursuant to the terms of the agreement, part-time employees in the
    39  professional  services  unit  who have completed at least eight years of
    40  consecutive service at the campus at which they are currently  employed,
    41  shall  receive  a  lump  sum payment in the amount of $500. Such payment
    42  shall be in addition to and shall not be a part of an  employee's  basic
    43  annual salary, provided, however, that such payment shall be included as
    44  compensation  for  retirement  purposes.  Pursuant  to  the terms of the
    45  agreement, part-time employees are  eligible  to  receive  this  payment
    46  every  eight  years  thereafter  of consecutive service at the campus at
    47  which they are currently employed. In no event shall a part-time employ-
    48  ee be eligible for a service award, as described in this paragraph, more
    49  than once every eight years.
    50    10. Minimum basic annual salary. (a) This subdivision shall  apply  to
    51  employees  in  the  professional services unit, except those who are not
    52  paid on the basis of a basic annual salary.
    53    (b) The basic annual salary minimums as of June 30, 2022, as  provided
    54  for  in  the agreement, shall be increased as provided for in the agree-
    55  ment, on the dates of the salary increase provided  for  in  subdivision
    56  one of this section.

        A. 7767                             6

     1    (c)  The basic annual salary minimums as of June 30, 2023, as provided
     2  for in the agreement, shall be increased as provided for in  the  agree-
     3  ment,  on  the  dates of the salary increase provided for in subdivision
     4  two of this section.
     5    (d)  The basic annual salary minimums as of June 30, 2024, as provided
     6  for in the agreement, shall be increased as provided for in  the  agree-
     7  ment,  on  the  dates of the salary increase provided for in subdivision
     8  three of this section.
     9    (e) The basic annual salary minimums as of June 30, 2025, as  provided
    10  for  in  the agreement, shall be increased as provided for in the agree-
    11  ment, on the dates of the salary increase provided  for  in  subdivision
    12  four of this section.
    13    (f) A part-time employee who is paid on the basis of a pro-rated basic
    14  annual salary and who, if employed on a full-time basis, would be eligi-
    15  ble  to  be  paid a minimum basic annual salary, shall be paid a minimum
    16  basic annual salary which shall be the appropriately pro-rated amount of
    17  the minimum basic annual salary that would have been paid to the employ-
    18  ee had the employee been employed on a full-time basis.
    19    (g) Notwithstanding the provisions of subdivision one of this section,
    20  incumbents to whom the provisions of subdivisions one, two,  three,  and
    21  four  of  this  section apply shall receive an increase in salary as set
    22  forth in subdivisions one, two, three, and four of this section  or  the
    23  minimum  basic annual salary in force, as provided for in the agreement,
    24  for the rank or grade in  which  such  incumbent  serves,  whichever  is
    25  greater.
    26    (h) An incumbent promoted on or after the effective dates, appropriate
    27  to  the  incumbent's  professional obligation or the incumbent's date of
    28  eligibility for salary increases, of the salary increases  provided  for
    29  in  subdivisions one, two, three, and four of this section shall receive
    30  not less than the minimum basic annual salary provided for in the agree-
    31  ment for the rank or grade to which the incumbent has been promoted.
    32    (i) An employee hired on or after the effective dates, appropriate  to
    33  the  employee's professional obligation or the employee's date of eligi-
    34  bility for salary increases, of the salary  increases  provided  for  in
    35  subdivisions one, two, three, and four of this section shall receive not
    36  less  than  the  minimum  basic annual salary for the employee's rank or
    37  grade provided for in the agreement on the date the employee  is  placed
    38  in payroll status.
    39    11.  Part-time  academic  faculty minimum salary. (a) This subdivision
    40  shall apply to part-time academic employees in the professional services
    41  unit, except those who are paid on an hourly basis or on the basis of  a
    42  basic annual salary.
    43    (b)  Pursuant  to the terms of the agreement, salary minimums shall be
    44  established for part-time academic employees not paid on an hourly basis
    45  or on the basis of a basic annual salary, per three credit  course.  The
    46  credit  hour equivalent for contact hours and other credit equivalencies
    47  will be determined by management based on the practice at each  individ-
    48  ual campus.
    49    (c)  Effective  the semester beginning after July 1, 2022, as provided
    50  for in the agreement, the minimum salary for university centers shall be
    51  increased to 3,750 dollars, and the minimum salary for comprehensive and
    52  technology colleges shall be increased to 3,250 dollars.
    53    (d) Effective the semester beginning after July 1, 2023,  as  provided
    54  for in the agreement, the minimum salary for university centers shall be
    55  increased to 4,000 dollars, and the minimum salary for comprehensive and
    56  technology colleges shall be increased to 3,500 dollars.

        A. 7767                             7

     1    (e)  Effective  the semester beginning after July 1, 2024, as provided
     2  for in the agreement, the minimum salary for university centers shall be
     3  increased to 4,500 dollars, and the minimum salary for comprehensive and
     4  technology colleges shall be increased to 4,000 dollars.
     5    (f)  Effective  the semester beginning after July 1, 2025, as provided
     6  for in the agreement, the minimum salary for university centers shall be
     7  increased to 5,000 dollars, and the minimum salary for comprehensive and
     8  technology colleges shall be increased to 4,500 dollars.
     9    (g) Effective the semester beginning after July 1, 2026,  as  provided
    10  for in the agreement, the minimum salary for university centers shall be
    11  increased to 6,000 dollars, and the minimum salary for comprehensive and
    12  technology colleges shall be increased to 5,500 dollars.
    13    (h) Pursuant to the terms of the agreement, part-time academic employ-
    14  ees  who  are  otherwise  eligible  to  receive an increase in salary in
    15  accordance with subdivisions one, two, three, and four of  this  section
    16  shall, if otherwise eligible, receive an increase in salary as set forth
    17  in subdivisions one, two, three, and four of this section, or the appli-
    18  cable  part-time  academic faculty minimum as set forth in this subdivi-
    19  sion, whichever is greater.
    20    12. Post-Graduate Year (PGY) Salary Schedules. Pursuant to  the  terms
    21  of  the  agreement,  employees  in  the  professional services unit paid
    22  according to the PGY Salary Schedules shall be  paid  according  to  the
    23  salary  schedules  established  and  based on years of service effective
    24  July 1 of 2022, 2023, 2024 and 2025.
    25    13. The increases in salary payable pursuant to subdivisions one, two,
    26  three, and four of this section shall apply  on  a  pro-rated  basis  to
    27  incumbents  otherwise eligible to receive an increase in salary pursuant
    28  to this section, who are paid on an hourly or per  diem  basis,  or  who
    29  serve on a part-time basis or who are paid on any basis other than at an
    30  annual salary rate.
    31    14.  Notwithstanding any of the provisions of this section, the salary
    32  increases or payments provided  by  this  section  shall  not  apply  to
    33  employees  deemed  to  be casual employees pursuant to the resolution of
    34  clarification petition CP 751 brought against the state by the  employee
    35  organization  representing  the  professional  services  unit;  to extra
    36  service compensation; to summer session compensation; or to compensation
    37  derived from clinical practice plan arrangements; nor shall anything  in
    38  this  section  be  deemed  to  provide any adjustment in salary or other
    39  compensation of any person  holding  a  chair  established  pursuant  to
    40  section 239 of the education law.
    41    15.  Inconvenience pay. Pursuant to the terms of the agreement, effec-
    42  tive July 2, 2016, an eligible employee, as provided for in  the  agree-
    43  ment,  shall  continue  to be paid 575 dollars per year for working 4 or
    44  more hours between the hours of 6:00 p.m. and 6:00 a.m.
    45    16. Basic annual salary. For the purposes of this section, basic annu-
    46  al salary is the amount of annual compensation payable  to  an  employee
    47  for  the  performance of the employee's professional obligation, as such
    48  obligation is set forth in Title H, Article XI, of the policies  of  the
    49  board of trustees of the state university of New York, from state monies
    50  appropriated  for  such purpose. Nothing herein shall prevent increasing
    51  amounts paid to incumbents of positions of the professional  service  in
    52  the  professional  services unit in addition to the basic annual salary,
    53  provided however, that the amounts required for such other increases and
    54  the cost of fringe benefits attributable to  such  other  increases,  as
    55  determined  by  the  comptroller,  are  made  available  to the state in
    56  accordance with procedures established by the state university; provided

        A. 7767                             8

     1  that the state university shall annually submit a report to the director
     2  of the budget  specifying  aggregate  amounts  by  campus,  sources  and
     3  expenditure of such funds as payment for such increases.
     4    17.  Notwithstanding  any of the foregoing provisions of this section,
     5  any increase in compensation may be withheld in whole or  in  part  from
     6  any employee to whom the provisions of this section are applicable when,
     7  in the opinion of the chancellor of the state university of New York and
     8  the director of employee relations, such increase is not warranted or is
     9  not appropriate.
    10    § 3. Adjustment to salaries and hourly rates and other compensation of
    11  certain  eligible unit members in the collective negotiating unit desig-
    12  nated as the professional services unit established pursuant to  article
    13  14  of the civil service law that are in lifeguard titles and who are in
    14  positions designated as part of bargaining unit 68.  1.  The  percentage
    15  increases  of this subdivision shall only apply to certain eligible unit
    16  members in the professional services unit that are in  lifeguard  titles
    17  and who are in positions designated as part of bargaining unit 68.
    18    (a)  Effective  April  1,  2022,  the salary or hourly rate of certain
    19  eligible unit members shall increase by 2 percent unless  such  individ-
    20  uals  received  an  increase  in hourly rate that was effective June 22,
    21  2022.
    22    (b) Effective April 1, 2023, the salary  or  hourly  rate  of  certain
    23  eligible unit members shall increase by 3 percent.
    24    (c)  Effective  April  1,  2024,  the salary or hourly rate of certain
    25  eligible unit members shall increase by 3 percent.
    26    (d) Effective April 1, 2025, the salary  or  hourly  rate  of  certain
    27  eligible unit members shall increase by 3 percent.
    28    2.  In  accordance  with  the terms of the agreement, certain eligible
    29  unit members who work at least 160 hours during the season (at least  20
    30  days) shall be entitled to additional compensation at their hourly rate,
    31  up  to  a  maximum  of eight hours, for time worked on each of the first
    32  three days during their employment in any seasonal period  (April  1  to
    33  September 30 or October 1 to March 31) which are observed as holidays by
    34  the   state.    Such  compensation  shall  be  paid  retroactively  upon
    35  completion of five weeks of work.
    36    3. Notwithstanding any of the foregoing provisions  of  this  section,
    37  any  increase  in  compensation may be withheld in whole or in part from
    38  any employee to whom the provisions of this section are applicable when,
    39  in the opinion of the director of employee relations and the director of
    40  the budget, such increase is not warranted or is not appropriate.
    41    § 4. Recall compensation for  certain  state  officers  and  employees
    42  within  the professional services unit. 1. Notwithstanding any provision
    43  of law to the contrary and to the extent that the agreement so provides,
    44  full-time professional employees (a) as defined by the policies  of  the
    45  board of trustees of the state university of New York within the profes-
    46  sional  services  unit, who provide patient care services on a full-time
    47  basis in the areas of a hospital or clinic specified in  the  agreement,
    48  and  who are eligible to accrue overtime credits, or (b) who are specif-
    49  ically identified by the college president as subject to  recall,  shall
    50  be  considered  to  have  worked a minimum of 4 hours each time they are
    51  recalled to work overtime after having completed  their  scheduled  work
    52  period  and  left  their  scheduled  work station. In the event any such
    53  eligible employee works in excess of 4  hours  upon  such  recall,  such
    54  employee  shall  receive  overtime  compensation  for the hours actually
    55  worked. To the extent that the agreement so provides, any such full-time
    56  professional employee identified in paragraph (a)  of  this  subdivision

        A. 7767                             9

     1  who  is not eligible to accrue overtime credits but who is deemed eligi-
     2  ble to receive recall compensation in accordance with the terms  of  the
     3  agreement  shall  receive additional compensation at the rate of one and
     4  one-half times the regular hourly rate of compensation for time actually
     5  worked  when such professional employee is recalled to work after having
     6  completed the scheduled work period and left the scheduled work station,
     7  but, in no case, shall such professional employee receive  less  than  4
     8  hours of additional compensation upon recall.
     9    2.  In  addition  to  eligible full-time professional employees as set
    10  forth in subdivision one of this section, notwithstanding any  provision
    11  of law to the contrary and to the extent that the agreement so provides,
    12  employees  in  positions  at  the  campus specifically designated by the
    13  college president, in accordance with the terms  of  the  agreement,  as
    14  eligible  for  recall compensation, shall be considered to have worked a
    15  minimum of 4 hours each time they are recalled to  work  overtime  after
    16  having  completed  their  scheduled work period and left their scheduled
    17  work station. In the event any such eligible employee works in excess of
    18  4 hours upon such recall, such employee shall receive  overtime  compen-
    19  sation for the hours actually worked.
    20    3.  Any  employee  eligible  to  receive compensation pursuant to this
    21  section who is recalled to work more than once  during  a  period  of  4
    22  hours commencing with the onset of the initial recall will not be eligi-
    23  ble for more than 4 hours of compensation in any form unless more than 4
    24  hours is actually worked. Any compensation paid pursuant to this section
    25  shall  be  in  addition  to and not part of such employee's basic annual
    26  salary, provided however, that any  amounts  payable  pursuant  to  this
    27  section shall be included as compensation for retirement purposes.
    28    §  5. On-call compensation for certain state officers and employees in
    29  the professional services unit of the state university.  Notwithstanding
    30  any provision of law to the contrary, any full-time professional employ-
    31  ee  or  other  employee  eligible  to  receive  compensation pursuant to
    32  section four of this act, who is required to be available for  immediate
    33  recall and who must be prepared to return to duty within a limited peri-
    34  od  of  time,  may  be granted additional compensation for each day such
    35  employee is actually scheduled  to  remain  and  remains  available  for
    36  recall. Such additional compensation shall be paid at a rate established
    37  pursuant to the agreement. Such compensation shall be in addition to and
    38  not  part of such employee's basic annual salary, provided however, that
    39  any amount payable pursuant to this section shall be included as compen-
    40  sation for retirement purposes.
    41    § 6. Health insurance coverage for part-time employees in the  profes-
    42  sional  services  unit  of  the  state  university.  Notwithstanding any
    43  provision of law to the contrary, any employee  serving  in  a  position
    44  within the professional services unit of the state university who serves
    45  on  a  part-time  basis  and  is  otherwise ineligible to receive health
    46  insurance coverage may participate in the state health insurance program
    47  provided that such part-time employee pays the full premium cost for the
    48  coverage provided by such health insurance program.
    49    § 7. There shall be a lump sum payment payable in accordance with  the
    50  terms  of  the collective bargaining agreement covering the professional
    51  services unit of the state university.
    52    § 8. Statewide joint labor-management  committees  for  certain  state
    53  officers  and  employees. 1. During the period July 2, 2022 through July
    54  1, 2026, there shall be a  statewide  joint  labor-management  committee
    55  continued and administered pursuant to the terms of the agreement, which
    56  shall  have  the  responsibility for studying and making recommendations

        A. 7767                            10

     1  concerning the major issues of professional development and implementing
     2  such agreements which may be entered into  between  the  state  and  the
     3  employee organization concerning such matters.
     4    2. During the period July 2, 2022 through July 1, 2026, there shall be
     5  a  statewide joint labor-management committee continued and administered
     6  pursuant to the terms of the agreement, which shall have  the  responsi-
     7  bility  for  studying  and  making recommendations concerning employment
     8  related issues as required by provisions of the agreement  and  adminis-
     9  tering  the continuity of employment fund subject to the approval of the
    10  state and the employee organization.
    11    3. During the period July 2, 2022 through July 1, 2026, there shall be
    12  a statewide joint labor-management committee continued and  administered
    13  pursuant  to  the terms of the agreement, which shall have the responsi-
    14  bility for studying and  making  recommendations  concerning  issues  of
    15  safety  in  the  workplace and implementing such agreements which may be
    16  entered into between the state and the employee organization  concerning
    17  such matters.
    18    4. During the period July 2, 2022 through July 1, 2026, there shall be
    19  a  statewide joint labor-management committee continued and administered
    20  pursuant to the terms of the agreement, which shall have  the  responsi-
    21  bility  for  studying  and  making recommendations concerning matters of
    22  mutual interest in the areas of equal employment and affirmative  action
    23  concerning  minorities,  women,  persons  with disabilities and military
    24  status and implementing  such  agreements  which  may  be  entered  into
    25  between the state and the employee organization concerning such matters.
    26    5. During the period July 2, 2022 through July 1, 2026, there shall be
    27  a  statewide joint labor-management committee continued and administered
    28  pursuant to the terms of the agreement, which shall have  the  responsi-
    29  bility  for  studying  and  making  recommendations concerning issues of
    30  health benefits and implementing such agreements which  may  be  entered
    31  into  between  the  state  and the employee organization concerning such
    32  matters.
    33    6. During the period July 2, 2022 through July 1, 2026, there shall be
    34  a Tripartite Redeployment Committee administered pursuant to  the  terms
    35  of  the agreement, which shall have the responsibility for reviewing and
    36  discussing issues related to redeployment consideration and implementing
    37  such agreements which may be entered into  between  the  state  and  the
    38  employee organization concerning such matters.
    39    7. During the period July 2, 2022 through July 1, 2026, there shall be
    40  a  statewide  joint  labor-management committee established and adminis-
    41  tered pursuant to the terms of  the  agreement,  which  shall  have  the
    42  responsibility for studying, making recommendations and approving campus
    43  grants  that  would  benefit groups of employees at one or more campuses
    44  and implementing such agreements which may be entered into  between  the
    45  state and the employee organization concerning such matters.
    46    §  9. Notwithstanding any provision of law to the contrary, the appro-
    47  priations contained in this act shall be available to the state for  the
    48  payment  of grievance and arbitration settlements and awards pursuant to
    49  article 7 of the agreement.
    50    § 10. The salary increases and benefit modifications,  and  any  other
    51  modifications  to the terms and conditions of employment provided for by
    52  this act for state employees in the professional  services  unit,  shall
    53  not  be  implemented until the director of employee relations has deliv-
    54  ered, to the director of the budget and the comptroller, a  letter  that
    55  there  is in effect with respect to such negotiating unit a collectively
    56  negotiated agreement which provides for such increases and modifications

        A. 7767                            11

     1  and which is fully executed in writing with the state pursuant to  arti-
     2  cle  14 of the civil service law, and ratified pursuant to the ratifica-
     3  tion procedure of the employee organization.
     4    §  11.  Notwithstanding  any  other  provision of law to the contrary,
     5  where, and to the extent that, the agreement so provides, an employee is
     6  affected as a result of the state's exercise of its  right  to  contract
     7  out,  and  in  the  event that such affected employee obtains employment
     8  with the contractor, the employee shall not  be  barred  from  accepting
     9  such employment as provided for in the agreement.
    10    §  12. Notwithstanding any inconsistent provision of law, where and to
    11  the extent that any agreement between the state and the employee  organ-
    12  ization  entered into pursuant to article 14 of the civil service law so
    13  provides on behalf of  employees  in  the  professional  services  unit,
    14  effective  January  1, 2024, the state shall contribute an amount desig-
    15  nated in such agreement and for the period covered by such agreement  to
    16  the  accounts  of  such employees enrolled for dependent care deductions
    17  pursuant to subdivision 7 of section 201-a of  the  state  finance  law.
    18  Such  amounts  shall  be from funds appropriated herein and shall not be
    19  part of basic annual salary for overtime or retirement purposes.
    20    § 13. Date of entitlement to salary or hourly rate increase.  Notwith-
    21  standing the provisions of this act or of any other law, the increase in
    22  salary or compensation of any officer or employee provided by  this  act
    23  shall be added to the salary or compensation of such officer or employee
    24  at  the beginning of that payroll period the first day of which is near-
    25  est to the effective date of such increase as provided in this  act,  or
    26  at the beginning of the earlier of two payroll periods the first days of
    27  which  are  nearest  but  equally  near  to  the  effective date of such
    28  increase as provided in  this  act,  provided,  however,  that  for  the
    29  purposes  of  determining  the  salary or hourly rate of such officer or
    30  employee upon reclassification,  reallocation,  appointment,  promotion,
    31  transfer, demotion, reinstatement or other change of status, such salary
    32  or  hourly  rate  increase  shall  be deemed to be effective on the date
    33  thereof as prescribed in this act, and the payment thereof  pursuant  to
    34  this section on a date prior thereto, instead of on such effective date,
    35  and shall not operate to confer any additional salary rights or benefits
    36  on  such  officer  or  employee.  Payment  of such salary or hourly rate
    37  increase may be deferred pursuant to section fourteen of this act.
    38    § 14. Deferred payment of salary or hourly rate  increase.    Notwith-
    39  standing the provisions of any other section of this act or of any other
    40  law,  pending  payment pursuant to this act of the basic annual salaries
    41  or compensation of incumbents of positions subject  to  this  act,  such
    42  incumbents shall receive, as partial compensation for services rendered,
    43  the  rate  of  compensation  otherwise payable in their respective posi-
    44  tions. An incumbent holding a position subject to this act at  any  time
    45  during  the period from the effective dates of the salary or hourly rate
    46  increases provided for in this act until  the  time  when  basic  annual
    47  salaries  or  compensation  are first paid pursuant to this act for such
    48  services in excess of the compensation actually received therefor, shall
    49  be entitled to a lump sum payment for the difference between the  salary
    50  to  which  such  incumbent is entitled for such services and the compen-
    51  sation actually received therefor. Such lump sum payments shall be  made
    52  as  soon as practicable. For the purpose of calculating retirement bene-
    53  fits, the amounts paid under this act shall count as compensation earned
    54  during the year or years for which it is calculated and not  as  compen-
    55  sation  earned  wholly in the year in which it is paid.  Notwithstanding
    56  any law, rule or regulation to the contrary, no member  of  the  profes-

        A. 7767                            12

     1  sional  services  unit to whom the provisions of this act apply shall be
     2  entitled to, or owed, any interest or other penalty for  any  reason  on
     3  any  monies due to such member pursuant to the terms of this act and the
     4  terms  of  the agreement covering employees in the professional services
     5  unit.
     6    § 15. Use of appropriations. The comptroller is authorized to pay  any
     7  amounts required during the fiscal year commencing April 1, 2023, by the
     8  provisions  of  this  act  for  any  state department or agency from any
     9  appropriation or other funds available to such state department or agen-
    10  cy for personal service or for other related  employee  benefits  during
    11  such  fiscal  year.  To the extent that such appropriations are insuffi-
    12  cient in any fund to accomplish  the  purposes  herein  set  forth,  the
    13  director  of the budget is authorized to allocate to the various depart-
    14  ments and agencies, from any appropriations available in any  fund,  the
    15  amounts necessary to pay such amounts. The aforementioned appropriations
    16  shall  be  available  for  payment  of  any  liabilities  or obligations
    17  incurred prior to April 1, 2023 in addition to current liabilities.
    18    § 16. Payment from special or administrative  funds.  If  the  compen-
    19  sation  to which officers and employees of the state are otherwise enti-
    20  tled is payable from a special or administrative fund or  funds  of  the
    21  state,  other  than the general fund or the capital projects fund of the
    22  state, the increase in compensation to which such officers or  employees
    23  are  entitled  under  this  act shall be payable from such other fund or
    24  funds in the same manner as such  other  compensation.  If  the  amounts
    25  appropriated or allocable from such other fund or funds are insufficient
    26  to  accomplish  the  purposes of this act, the director of the budget is
    27  hereby authorized to allocate such additional sums from such other  fund
    28  or funds as may be necessary therefor.
    29    §  17. Effect of participation in special annuity program. No employee
    30  participating in a special annuity program pursuant to the provisions of
    31  article 8-C of title 1 of the education  law  shall,  by  reason  of  an
    32  increase  in  compensation pursuant to this act, suffer any reduction of
    33  the salary adjustment to which such officer or employee would  otherwise
    34  be  entitled by reason of participation in such program, and such salary
    35  adjustment shall be based upon the salary of such  officer  or  employee
    36  without regard to the reduction authorized by said article.
    37    §  18.  Appropriations.  Notwithstanding  any  provision  of the state
    38  finance law or any other provision of law to the contrary,  the  sum  of
    39  two hundred seventy-five million dollars ($275,000,000) is hereby appro-
    40  priated  in the general fund/state purposes account (10050) in miscella-
    41  neous-all    state    departments    and     agencies     solely     for
    42  apportionment/transfer  by  the  director  of  the budget for use by any
    43  state department or agency, including the contract  colleges  at  Alfred
    44  and Cornell, in any fund for the fiscal year beginning April 1, 2023, to
    45  supplement  appropriations  available  for  personal service, other than
    46  personal service, and fringe benefits, and to carry out  the  provisions
    47  of  this  act.  No  money  shall  be available for expenditure from this
    48  appropriation until a certificate of approval has  been  issued  by  the
    49  director  of  the budget and a copy of such certificate or any amendment
    50  thereto has been filed with the state  comptroller,  the  chair  of  the
    51  senate  finance  committee  and the chair of the assembly ways and means
    52  committee. The monies hereby appropriated are available for  payment  of
    53  any  liabilities or obligations incurred prior to April 1, 2023 in addi-
    54  tion to liabilities or  obligations  associated  with  the  fiscal  year
    55  commencing  April  1,  2023. Notwithstanding any provision of law to the

        A. 7767                            13

     1  contrary, this appropriation shall remain in full force and  effect  for
     2  the payment of liabilities incurred on or before June 30, 2024.
     3    § 19. The several amounts as hereinafter set forth, or so much thereof
     4  as may be necessary, are hereby appropriated from the fund so designated
     5  for  use by any state department or agency for the fiscal year beginning
     6  April 1, 2023 to supplement appropriations  from  each  respective  fund
     7  available  for  personal service, other than personal service and fringe
     8  benefits, and to carry out the provisions of this  act.  Notwithstanding
     9  any provision of law to the contrary, the monies hereby appropriated are
    10  available  for  payment of any liabilities or obligations incurred prior
    11  to or during the period April 1, 2022 through June 30,  2024.  No  money
    12  shall  be  available  for  expenditure  from  this appropriation until a
    13  certificate of approval has been issued by the director  of  the  budget
    14  and  a  copy of such certificate or any amendment thereto has been filed
    15  with the state comptroller, the chair of the senate  finance  committee,
    16  and the chair of the assembly ways and means committee.

    17                     ALL STATE DEPARTMENTS AND AGENCIES
    18                              SPECIAL PAY BILLS

    19    General Fund / State Operations
    20    State Purposes Account - 003
    21    Non-Personal Service

    22  Joint Committee on Health Benefits

    23  Statewide Labor Management Committees .......... 7,118,819
    24  Employee Benefit Fund ............................ 353,000

    25    §  20.  This  act shall take effect immediately and shall be deemed to
    26  have been in full force and effect on and after July 2, 2022.  Appropri-
    27  ations  made  by  this  act  shall  remain  in full force and effect for
    28  liabilities incurred through June 30, 2024.
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