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. LBD12017-02-3A. 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 theA. 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 salariesA. 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-ratedA. 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; providedA. 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 subdivisionA. 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 recommendationsA. 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 modificationsA. 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 theA. 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.