Bill Text: NY A08189 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system; establishes certain conditions relating to salary and compensation increases for certain nonjudicial officers and employees of the unified court system.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2019-09-13 - signed chap.288 [A08189 Detail]
Download: New_York-2019-A08189-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8189 2019-2020 Regular Sessions IN ASSEMBLY June 6, 2019 ___________ Introduced by M. of A. DINOWITZ -- (at request of the Office of Court Administration) -- read once and referred to the Committee on Ways and Means AN ACT to amend chapter 164 of the laws of 2017, relating to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system and chapter 400 of the laws of 2014, relating to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system, in relation to rates of pay on and after April 1, 2020; and to establish certain conditions relating to salary and compensation increases for 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. Section 1 of chapter 164 of the laws of 2017, relating to 2 terms and conditions of employment of certain nonjudicial officers and 3 employees of the unified court system, is amended to read as follows: 4 Section 1. Legislative findings. The legislature finds that a collec- 5 tive bargaining agreement has been negotiated by the unified court 6 system with an employee organization representing nonjudicial officers 7 and employees in the state judiciary negotiating unit. The purpose of 8 this act is to implement this agreement and to provide increases in 9 compensation for nonjudicial officers and employees of the unified court 10 system not in collective negotiating units. References in this act to 11 the unified court system's classification structure shall mean the clas- 12 sification structure established by the chief administrator of the 13 courts on May 28, 1979, as amended since that date. References to the 14 April, 2016 salary schedule shall mean the salary schedule promulgated 15 by the chief administrator of the courts pursuant to subdivision (c) of 16 section 2 of chapter 400 of the laws of 2014. References to the April, 17 2017 salary schedule, the April, 2018 salary schedule [and], the April, 18 2019 salary schedule and the April, 2020 salary schedule shall mean the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13150-02-9A. 8189 2 1 salary schedules promulgated by the chief administrator pursuant to 2 subdivisions (a), (b) [and], (c) and (d) of section two of this act, 3 respectively. 4 § 2. Section 2 of chapter 164 of the laws of 2017, relating to terms 5 and conditions of employment of certain nonjudicial officers and employ- 6 ees of the unified court system, is amended by adding a new subdivision 7 (d) to read as follows: 8 (d) Effective April 1, 2020, each of the rates of pay established by 9 the April, 2019 salary schedule shall be increased as follows: 10 (1) the maximum rate for each grade shall be increased by an amount 11 equal to 2 percent thereof (and then rounded up to the nearest dollar); 12 (2) the amount of the increment for each grade shall equal one-seventh 13 of the difference (rounded up to the nearest dollar) between the maximum 14 rate for such grade, as increased by paragraph (1) of this subdivision, 15 and 102 percent of the hiring rate for such grade on the April, 2019 16 salary schedule (rounded up to the nearest dollar); and 17 (3) the hiring, first, second, third, fourth, fifth and sixth year 18 rates of compensation for each grade shall equal the maximum rate for 19 such grade, as increased by paragraph (1) of this subdivision, minus 7, 20 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as 21 increased by paragraph (2) of this subdivision, respectively. 22 § 3. The opening paragraph of subdivision (a) of section 3 of chapter 23 164 of the laws of 2017, relating to terms and conditions of employment 24 of certain nonjudicial officers and employees of the unified court 25 system, is amended to read as follows: 26 Each nonjudicial officer and employee of the unified court system in a 27 position allocated to a salary grade in the unified court system's clas- 28 sification structure that is in the state judiciary negotiating unit or 29 that is not in any collective negotiating unit established pursuant to 30 article 14 of the civil service law, shall receive increased compen- 31 sation in accordance with this section. Longevity payments and increases 32 to basic annual salary, as provided in this section, shall be prorated 33 for any nonjudicial officer or employee whose position is part-time, or 34 who otherwise works part-time, and who is eligible, under the rules of 35 the chief judge of the state or an agreement between the state and an 36 employee organization pursuant to the provisions of article 14 of the 37 civil service law, to accrue annual and sick leave credits. Longevity 38 payments as provided in this section, and payments pursuant to paragraph 39 (3) of subdivision (d) of this section and paragraph (3) of subdivision 40 (d-1) of this section, shall be in addition to and shall not be a part 41 of an employee's basic annual salary; provided, however, they shall be 42 included as compensation for retirement purposes. For purposes of this 43 section: 44 § 4. Subdivision (d) of section 3 of chapter 164 of the laws of 2017, 45 relating to terms and conditions of employment of certain nonjudicial 46 officers and employees of the unified court system, is amended by adding 47 a new paragraph 3 to read as follows: 48 (3) Each such nonjudicial officer and employee in a title on such 49 date in the security series under the unified court system's classifica- 50 tion structure shall receive a payment equaling 500 dollars, if he or 51 she: (i) served the equivalent of 120 workdays in a title in such secu- 52 rity series during the preceding state fiscal year; and (ii) was author- 53 ized to carry a firearm while on duty at any time during the preceding 54 15 months. Such payment shall be prorated for any such nonjudicial offi- 55 cer or employee otherwise entitled thereto whose position is part-time, 56 but not compensated on a per diem or hourly basis.A. 8189 3 1 § 5. Section 3 of chapter 164 of the laws of 2017, relating to terms 2 and conditions of employment of certain nonjudicial officers and employ- 3 ees of the unified court system, is amended by adding a new subdivision 4 (d-1) to read as follows: 5 (d-1) Effective April 1, 2020: 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, 2019 salary schedule. 11 (2) Each such nonjudicial officer and employee shall be placed in his 12 or her grade on the April, 2020 salary schedule in the manner provided 13 as follows: 14 (i) If his or her basic annual salary under the April, 2019 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, 2020 salary schedule; or 21 (ii) If his or her basic annual salary under the April, 2019 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 (3) Each such nonjudicial officer and employee in a title on such date 29 in the security series under the unified court system's classification 30 structure shall receive a payment equaling 750 dollars, if he or she: 31 (i) served the equivalent of 120 workdays in a title in such security 32 series during the preceding state fiscal year; and (ii) was authorized 33 to carry a firearm while on duty at any time during the preceding 15 34 months. Such payment shall be prorated for any such nonjudicial officer 35 or employee otherwise entitled thereto whose position is part-time, but 36 not compensated on a per diem or hourly basis. 37 § 6. Section 4 of chapter 164 of the laws of 2017, relating to terms 38 and conditions of employment of certain nonjudicial officers and employ- 39 ees of the unified court system, is amended by adding a new subdivision 40 (e) to read as follows: 41 (e) Effective April 1, 2020, the basic annual salary of each such 42 nonjudicial officer and employee shall be increased by an amount equal 43 to 2 percent thereof (and then rounded up to the nearest dollar). 44 § 7. Subdivision (i) of section 3 of chapter 400 of the laws of 2014, 45 relating to terms and conditions of employment of certain nonjudicial 46 officers and employees of the unified court system, is amended to read 47 as follows: 48 (i) Effective April 1, 2016 and each April 1 thereafter, each such 49 nonjudicial officer and employee in the employ of the unified court 50 system who has completed at least 4 years of continuous service at a 51 basic annual salary rate equal to or higher than the maximum rate of the 52 employee's salary grade as of the preceding March 31 shall receive an 53 annual longevity payment equaling: (i) 2,250 dollars, if he or she has 54 completed less than 8 years of such service as of such date, or 2,300 55 dollars, if such date is March 31, 2020 or later; or (ii) 4,600 dollars, 56 if he or she has completed at least 8 but less than 13 years of suchA. 8189 4 1 service as of such date, or 4,700 dollars, if such date is March 31, 2 2020 or later; or (iii) 6,900 dollars, if he or she has completed at 3 least 13 years of such service as of such date. 4 § 8. Subparagraph (iii) of paragraph 1 of subdivision (a) of section 5 5 of chapter 164 of the laws of 2017, relating to terms and conditions of 6 employment of certain nonjudicial officers and employees of the unified 7 court system, is amended to read as follows: 8 (iii) 4,200 dollars annually, during the fiscal year commencing April 9 1, 2019 and 4,300 dollars during each fiscal year commencing [each] on 10 or after April 1 [thereafter], 2020. 11 § 9. Subparagraph (iii) of paragraph 2 of subdivision (a) of section 5 12 of chapter 164 of the laws of 2017, relating to terms and conditions of 13 employment of certain nonjudicial officers and employees of the unified 14 court system, is amended to read as follows: 15 (iii) 2,100 dollars annually, during the fiscal year commencing April 16 1, 2019 and 2,150 dollars during each fiscal year commencing [each] on 17 or after April 1 [thereafter], 2020. 18 § 10. Collective bargaining agreement required. The provisions of 19 sections three, four, five, six, seven, eight and nine of this act shall 20 not be implemented for nonjudicial officers and employees in a collec- 21 tive negotiating unit established pursuant to article 14 of the civil 22 service law until the chief administrator of the courts shall have noti- 23 fied the comptroller that the members of such negotiating unit have 24 ratified a written collective bargaining agreement with the state pursu- 25 ant to article 14 of the civil service law which provides therefor and 26 delivered to the comptroller a copy of such agreement; and any increase 27 in compensation, including increases in basic annual salary, increments 28 or partial increments, lump sum payments, or longevity payments, 29 provided by sections three, four, five, six, seven, eight and nine of 30 this act or otherwise authorized by law: 31 (a) may be withheld in whole or in part from any nonjudicial officer 32 and employee not in a collective negotiating unit when in the opinion of 33 the chief administrator, such increase is not warranted or is not appro- 34 priate; and 35 (b) shall not preclude any other increases in compensation for such a 36 nonjudicial officer or employee as may be authorized by law. 37 § 11. Date of entitlement. Notwithstanding the provisions of this act 38 or any other law, each increase in salary or compensation for nonjudi- 39 cial officers or employees provided by this act shall be added to the 40 salary or compensation of such officer or employee at the beginning of 41 the payroll period the first day of which is nearest to the effective 42 date of such increase as provided in this act; provided, however, for 43 the purposes of determining the salary of such officer or employee upon 44 reclassification, reallocation, appointment, promotion, transfer, 45 demotion, reinstatement or other change of status, such salary increase 46 shall be deemed to be effective on the date thereof as prescribed in 47 this act, and the payment thereof pursuant to this section on the date 48 prior thereto instead of on such effective date, shall not operate to 49 confer any additional salary rights or benefits on such officer or 50 employee. 51 § 12. Deferred payment of salary increase. Notwithstanding the 52 provisions of this act or any other law, commencing April 1, 2020, and 53 pending payment pursuant to this act of the basic annual salaries of 54 incumbents of positions subject to this act commencing April 1, 2020, 55 such incumbents shall receive, as partial compensation for services 56 rendered, the rate of compensation otherwise payable in their respectiveA. 8189 5 1 positions pursuant to law then in effect. An incumbent holding a posi- 2 tion subject to this act at any time during the period from April 1, 3 2020 until the time when basic annual salaries are first paid pursuant 4 to this act for such service in excess of the compensation actually 5 received therefor shall be entitled to a lump sum payment for the 6 difference between the salary to which such incumbent is entitled for 7 such service and the compensation actually received therefor. Such lump 8 sum payment shall be made as soon as practicable. 9 § 13. This act shall take effect immediately and shall be deemed to 10 have been in full force and effect on and after April 1, 2019.
