Bill Text: NY A08102 | 2017-2018 | General Assembly | Amended
Bill Title: Relates to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2017-08-08 - signed chap.164 [A08102 Detail]
Download: New_York-2017-A08102-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8102--A 2017-2018 Regular Sessions IN ASSEMBLY May 26, 2017 ___________ Introduced by M. of A. WEINSTEIN, ABBATE, LENTOL -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT in relation to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature finds that a collec- 2 tive bargaining agreement has been negotiated by the unified court 3 system with an employee organization representing nonjudicial officers 4 and employees in the state judiciary negotiating unit. The purpose of 5 this act is to implement this agreement and to provide increases in 6 compensation for nonjudicial officers and employees of the unified court 7 system not in collective negotiating units. References in this act to 8 the unified court system's classification structure shall mean the clas- 9 sification structure established by the chief administrator of the 10 courts on May 28, 1979, as amended since that date. References to the 11 April, 2016 salary schedule shall mean the salary schedule promulgated 12 by the chief administrator of the courts pursuant to subdivision (c) of 13 section 2 of chapter 400 of the laws of 2014. References to the April, 14 2017 salary schedule, the April, 2018 salary schedule and the April, 15 2019 salary schedule shall mean the salary schedules promulgated by the 16 chief administrator pursuant to subdivisions (a), (b) and (c) of section 17 two of this act, respectively. 18 § 2. Salary schedules. The chief administrator of the courts shall 19 promulgate salary schedules, as follows: 20 (a) Effective April 1, 2017, each of the rates of pay established by 21 the April, 2016 salary schedule shall be increased as follows: 22 (1) the maximum rate for each grade shall be increased by an amount 23 equal to 2 percent thereof (and then rounded up to the nearest dollar); EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11850-03-7A. 8102--A 2 1 (2) the amount of the increment for each grade shall equal one-seventh 2 of the difference (rounded up to the nearest dollar) between the maximum 3 rate for such grade, as increased by paragraph (1) of this subdivision, 4 and 102 percent of the hiring rate for such grade on the April, 2016 5 salary schedule (rounded up to the nearest dollar); and 6 (3) the hiring, first, second, third, fourth, fifth and sixth year 7 rates of compensation for each grade shall equal the maximum rate for 8 such grade, as increased by paragraph (1) of this subdivision, minus 7, 9 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as 10 increased by paragraph (2) of this subdivision, respectively. 11 (b) Effective April 1, 2018, each of the rates of pay established by 12 the April, 2017 salary schedule shall be increased as follows: 13 (1) the maximum rate for each grade shall be increased by an amount 14 equal to 2 percent thereof (and then rounded up to the nearest dollar); 15 (2) the amount of the increment for each grade shall equal one-seventh 16 of the difference (rounded up to the nearest dollar) between the maximum 17 rate for such grade, as increased by paragraph (1) of this subdivision, 18 and 102 percent of the hiring rate for such grade on the April, 2017 19 salary schedule (rounded up to the nearest dollar); and 20 (3) the hiring, first, second, third, fourth, fifth and sixth year 21 rates of compensation for each grade shall equal the maximum rate for 22 such grade, as increased by paragraph (1) of this subdivision, minus 7, 23 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as 24 increased by paragraph (2) of this subdivision, respectively. 25 (c) Effective April 1, 2019, each of the rates of pay established by 26 the April, 2018 salary schedule shall be increased as follows: 27 (1) the maximum rate for each grade shall be increased by an amount 28 equal to 2 percent thereof (and then rounded up to the nearest dollar); 29 (2) the amount of the increment for each grade shall equal one-seventh 30 of the difference (rounded up to the nearest dollar) between the maximum 31 rate for such grade, as increased by paragraph (1) of this subdivision, 32 and 102 percent of the hiring rate for such grade on the April, 2018 33 salary schedule (rounded up to the nearest dollar); and 34 (3) the hiring, first, second, third, fourth, fifth and sixth year 35 rates of compensation for each grade shall equal the maximum rate for 36 such grade, as increased by paragraph (1) of this subdivision, minus 7, 37 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as 38 increased by paragraph (2) of this subdivision, respectively. 39 § 3. Increases in compensation for persons in allocated positions. 40 (a) Each nonjudicial officer and employee of the unified court system 41 in a position allocated to a salary grade in the unified court system's 42 classification structure that is in the state judiciary negotiating unit 43 or that is not in any collective negotiating unit established pursuant 44 to article 14 of the civil service law, shall receive increased compen- 45 sation in accordance with this section. Longevity payments and increases 46 to basic annual salary, as provided in this section, shall be prorated 47 for any nonjudicial officer or employee whose position is part-time, or 48 who otherwise works part-time, and who is eligible, under the rules of 49 the chief judge of the state or an agreement between the state and an 50 employee organization pursuant to the provisions of article 14 of the 51 civil service law, to accrue annual and sick leave credits. Longevity 52 payments as provided in this section shall be in addition to and shall 53 not be a part of an employee's basic annual salary; provided, however, 54 they shall be included as compensation for retirement purposes. For 55 purposes of this section:A. 8102--A 3 1 (i) no nonjudicial officer or employee shall receive a full or partial 2 increment or longevity payment hereunder unless he or she shall have 3 received other than an unsatisfactory performance rating for his or her 4 services during the year immediately preceding pursuant to a performance 5 evaluation system set forth by the chief administrator or in an agree- 6 ment specified in section one of this act; 7 (ii) any full or partial increment received by a nonjudicial officer 8 or employee effective April 1, 2017, pursuant to law other than a 9 provision of this act, shall not be considered when determining: 10 (A) a nonjudicial officer or employee's basic annual salary on a spec- 11 ified date; and 12 (B) whether a nonjudicial officer or employee is eligible to receive a 13 full or partial increment of the grade of his or her position on such 14 date pursuant to a provision of this act. 15 (b) Effective April 1, 2017: 16 (1) Each such nonjudicial officer and employee who is eligible to 17 receive a full or partial increment of the grade of his or her position 18 in accordance with provisions of the judiciary law shall receive such 19 full or partial increment, to be determined in accordance with the 20 April, 2016 salary schedule. 21 (2) Each such nonjudicial officer and employee shall be placed in his 22 or her grade on the April, 2017 salary schedule in the manner provided 23 as follows: 24 (i) If his or her basic annual salary under the April, 2016 salary 25 schedule, including any increase pursuant to paragraph (1) of this 26 subdivision, is identical with the hiring, first year, second year, 27 third year, fourth year, fifth year, sixth year or maximum rate of 28 compensation of the grade of his or her position, that basic annual 29 salary shall be increased to the corresponding rate of compensation in 30 such grade as established by the April, 2017 salary schedule; or 31 (ii) If his or her basic annual salary under the April, 2016 salary 32 schedule, including any increase pursuant to paragraph (1) of this 33 subdivision, is not identical with the hiring, first year, second year, 34 third year, fourth year, fifth year, sixth year or maximum rate of 35 compensation of the grade of his or her position, that basic annual 36 salary shall be increased by an amount equaling 2 percent thereof (and 37 then rounded up to the nearest dollar). 38 (c) Effective April 1, 2018: 39 (1) Each such nonjudicial officer and employee who is eligible to 40 receive a full or partial increment of the grade of his or her position 41 in accordance with provisions of the judiciary law shall receive such 42 full or partial increment, to be determined in accordance with the 43 April, 2017 salary schedule. 44 (2) Each such nonjudicial officer and employee shall be placed in his 45 or her grade on the April, 2018 salary schedule in the manner provided 46 as follows: 47 (i) If his or her basic annual salary under the April, 2017 salary 48 schedule, including any increase pursuant to paragraph (1) of this 49 subdivision, is identical with the hiring, first year, second year, 50 third year, fourth year, fifth year, sixth year or maximum rate of 51 compensation of the grade of his or her position, that basic annual 52 salary shall be increased to the corresponding rate of compensation in 53 such grade as established by the April, 2018 salary schedule; or 54 (ii) If his or her basic annual salary under the April, 2017 salary 55 schedule, including any increase pursuant to paragraph (1) of this 56 subdivision, is not identical with the hiring, first year, second year,A. 8102--A 4 1 third year, fourth year, fifth year, sixth year or maximum rate of 2 compensation of the grade of his or her position, that basic annual 3 salary shall be increased by an amount equaling 2 percent thereof (and 4 then rounded up to the nearest dollar). 5 (d) Effective April 1, 2019: 6 (1) Each such nonjudicial officer and employee who is eligible to 7 receive a full or partial increment of the grade of his or her position 8 in accordance with provisions of the judiciary law shall receive such 9 full or partial increment, to be determined in accordance with the 10 April, 2018 salary schedule. 11 (2) Each such nonjudicial officer and employee shall be placed in his 12 or her grade on the April, 2019 salary schedule in the manner provided 13 as follows: 14 (i) If his or her basic annual salary under the April, 2018 salary 15 schedule, including any increase pursuant to paragraph (1) of this 16 subdivision, is identical with the hiring, first year, second year, 17 third year, fourth year, fifth year, sixth year or maximum rate of 18 compensation of the grade of his or her position, that basic annual 19 salary shall be increased to the corresponding rate of compensation in 20 such grade as established by the April, 2019 salary schedule; or 21 (ii) If his or her basic annual salary under the April, 2018 salary 22 schedule, including any increase pursuant to paragraph (1) of this 23 subdivision, is not identical with the hiring, first year, second year, 24 third year, fourth year, fifth year, sixth year or maximum rate of 25 compensation of the grade of his or her position, that basic annual 26 salary shall be increased by an amount equaling 2 percent thereof (and 27 then rounded up to the nearest dollar). 28 (e) Effective April 1, 2017 and each April 1 thereafter, each such 29 nonjudicial officer and employee shall receive an annual longevity 30 payment as provided in subdivision (i) of section 3 of chapter 400 of 31 the laws of 2014 where he or she is entitled thereto in accordance with 32 such subdivision. 33 § 4. Increases in compensation for persons in unallocated positions. 34 (a) Each nonjudicial officer and employee of the unified court system 35 to whom the provisions of section three of this act would apply but for 36 the fact that he or she holds a position that is not allocated to a 37 salary grade in the unified court system's classification structure 38 shall receive increased compensation in accordance with this section. 39 Increases to basic annual salary, as provided in this section, shall be 40 prorated for any nonjudicial officer and employee whose position is 41 part-time, or who otherwise works part-time, and who is eligible, under 42 rules of the chief judge of the state or an agreement between the state 43 and an employee organization pursuant to the provisions of article 14 of 44 the civil service law to accrue annual and sick leave credits. 45 (b) Effective April 1, 2017, the basic annual salary of each such 46 nonjudicial officer and employee shall be increased by an amount equal 47 to 2 percent thereof (and then rounded up to the nearest dollar). 48 (c) Effective April 1, 2018, the basic annual salary of each such 49 nonjudicial officer and employee shall be increased by an amount equal 50 to 2 percent thereof (and then rounded up to the nearest dollar). 51 (d) Effective April 1, 2019, the basic annual salary of each such 52 nonjudicial officer and employee shall be increased by an amount equal 53 to 2 percent thereof (and then rounded up to the nearest dollar). 54 § 5. Location pay. (a) Notwithstanding any other provision of law: 55 (1) Effective during the fiscal years commencing on the dates speci- 56 fied in this paragraph, any nonjudicial officer and employee to whom theA. 8102--A 5 1 provisions of section three or four of this act apply and whose princi- 2 pal place of employment is in the city of New York or Nassau, Suffolk, 3 Rockland or Westchester county shall receive location pay at the follow- 4 ing rates: 5 (i) 3,697 dollars annually, during the fiscal year commencing April 1, 6 2017; 7 (ii) 4,000 dollars annually, during the fiscal year commencing April 8 1, 2018, except that the annual rate of location pay shall be changed to 9 4,100 dollars effective October 1, 2018; 10 (iii) 4,200 dollars annually, during the fiscal year commencing April 11 1, 2019 and during each fiscal year commencing each April 1 thereafter. 12 (2) Effective during the fiscal years commencing on the dates speci- 13 fied in this paragraph, any nonjudicial officer and employee to whom the 14 provisions of section three or four of this act apply and whose princi- 15 pal place of employment is in Dutchess, Putnam or Orange county shall 16 receive location pay at the following rates: 17 (i) 1,848 dollars annually, during the fiscal year commencing April 1, 18 2017; 19 (ii) 2,000 dollars annually, during the fiscal year commencing April 20 1, 2018, except that the annual rate of location pay shall be changed to 21 2,050 dollars effective October 1, 2018; 22 (iii) 2,100 dollars annually, during the fiscal year commencing April 23 1, 2019 and during each fiscal year commencing each April 1 thereafter. 24 (3) Effective during the fiscal year commencing April 1, 2017 and 25 during each fiscal year commencing each April 1 thereafter, any nonjudi- 26 cial officer and employee to whom the provisions of section three or 27 four of this act apply and whose principal place of employment is in 28 Monroe county and who was entitled to receive annual location pay pursu- 29 ant to paragraph (3) of subdivision (a) of section 5 of chapter 400 of 30 the laws of 2014, shall continue to receive such location pay in the 31 amount specified in such paragraph. 32 (b) The location pay provided in this section shall be in lieu of any 33 other location pay provided by law; except that, where a nonjudicial 34 officer or employee eligible to receive location pay pursuant to the 35 provisions of this section has received location pay during a fiscal 36 year commencing on or after April 1, 2017, pursuant to law other than a 37 provision of this act, the amount of location pay authorized by this 38 section shall be reduced by the amount of the location pay that was 39 received. 40 (c) Except as provided in subdivision (a) of this section, no nonjudi- 41 cial officer and employee to whom the provisions of section three or 42 four of this act apply shall receive location pay. Any location pay 43 authorized hereunder shall be in addition to and shall not be a part of 44 an employee's basic annual salary and shall not impair rights or bene- 45 fits to which an employee may be entitled by law; provided, however, 46 that location pay shall be included as compensation for purposes of 47 computation of overtime pay and for retirement purposes. Location pay, 48 as provided in this section, shall be prorated for any nonjudicial offi- 49 cer and employee to whom the provisions of section three or four of this 50 act apply and whose position is part-time, but not compensated on a per 51 diem or hourly basis. 52 § 6. Collective bargaining agreement required. The provisions of 53 sections three, four and five of this act shall not be implemented for 54 nonjudicial officers and employees in a collective negotiating unit 55 established pursuant to article 14 of the civil service law until the 56 chief administrator of the courts shall have notified the comptrollerA. 8102--A 6 1 that the members of such negotiating unit have ratified a written 2 collective bargaining agreement with the state pursuant to article 14 of 3 the civil service law which provides therefor and delivered to the comp- 4 troller a copy of such agreement; and any increase in compensation, 5 including increases in basic annual salary, increments or partial incre- 6 ments, lump sum payments, or longevity payments, provided by sections 7 three, four and five of this act or otherwise authorized by law: 8 (a) may be withheld in whole or in part from any nonjudicial officer 9 and employee not in a collective negotiating unit when in the opinion of 10 the chief administrator, such increase is not warranted or is not appro- 11 priate; and 12 (b) shall not preclude any other increases in compensation for such a 13 nonjudicial officer or employee as may be authorized by law. 14 § 7. Date of entitlement. Notwithstanding the provisions of this act 15 or any other law, each increase in salary or compensation for nonjudi- 16 cial officers or employees provided by this act shall be added to the 17 salary or compensation of such officer or employee at the beginning of 18 the payroll period the first day of which is nearest to the effective 19 date of such increase as provided in this act; provided, however, for 20 the purposes of determining the salary of such officer or employee upon 21 reclassification, reallocation, appointment, promotion, transfer, 22 demotion, reinstatement or other change of status, such salary increase 23 shall be deemed to be effective on the date thereof as prescribed in 24 this act, and the payment thereof pursuant to this section on the date 25 prior thereto instead of on such effective date, shall not operate to 26 confer any additional salary rights or benefits on such officer or 27 employee. 28 § 8. Deferred payment of salary increase. Notwithstanding the 29 provisions of this act or any other law, commencing April 1, 2017, and 30 pending payment pursuant to this act of the basic annual salaries of 31 incumbents of positions subject to this act commencing April 1, 2017, 32 such incumbents shall receive, as partial compensation for services 33 rendered, the rate of compensation otherwise payable in their respective 34 positions pursuant to law then in effect. An incumbent holding a posi- 35 tion subject to this act at any time during the period from April 1, 36 2017 until the time when basic annual salaries are first paid pursuant 37 to this act for such service in excess of the compensation actually 38 received therefor shall be entitled to a lump sum payment for the 39 difference between the salary to which such incumbent is entitled for 40 such service and the compensation actually received therefor. Such lump 41 sum payment shall be made as soon as practicable. 42 § 9. This act shall take effect immediately and shall be deemed to 43 have been in full force and effect on and after April 1, 2017.
