Bill Text: NY A09771 | 2021-2022 | General Assembly | Introduced


Bill Title: Provides for compensation, benefits and other terms and conditions of employment of members of the agency police services unit; implements an agreement between the state and the employee organization representing the members of the collective negotiating unit designated as the agency police services unit (Part A); provides for compensation, benefits and other terms and conditions of employment for members of the district council 37 rent regulation services unit; implements a collective bargaining agreement between the state of New York and the district council 37 rent regulation services unit (Part B).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-04-08 - substituted by s8748 [A09771 Detail]

Download: New_York-2021-A09771-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9771

                   IN ASSEMBLY

                                      April 7, 2022
                                       ___________

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

        AN ACT to amend the civil service law, the state finance  law,  and  the
          retirement and social security law, in relation to compensation, bene-
          fits  and  other terms and conditions of employment for members of the
          collective negotiating unit designated as the agency  police  services
          unit;  to implement an agreement between the state of New York and the
          employee organization representing members of the collective negotiat-
          ing unit designated as the agency  police  services  unit;  making  an
          appropriation  therefor; and to repeal certain provisions of the civil
          service law relating thereto (Part A); and to amend the civil  service
          law,  in relation to compensation, benefits and other terms and condi-
          tions of employment for members of the district council 37 rent  regu-
          lation  services  unit; to implement a collective bargaining agreement
          between the state of New York and the district council 37  rent  regu-
          lation  services unit; making an appropriation therefor; and to repeal
          certain provisions of such law relating thereto (Part B)

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

     1    Section  1.  This  act enacts into law major components of legislation
     2  relating to compensation, benefits and other  terms  and  conditions  of
     3  employment of various units. Each component is wholly contained within a
     4  Part identified as Parts A and B. The effective date for each particular
     5  provision contained within such Part is set forth in the last section of
     6  such Part. Any provision in any section contained within a Part, includ-
     7  ing the effective date of the Part, which makes a reference to a section
     8  "of  this  act", when used in connection with that particular component,
     9  shall be deemed to mean and refer to the corresponding  section  of  the
    10  Part  in  which  it  is  found. Section three of this act sets forth the
    11  general effective date of this act.

    12                                   PART A

    13                   COLLECTIVE BARGAINING AGREEMENT BETWEEN
    14          THE STATE OF NEW YORK AND THE AGENCY POLICE SERVICES UNIT
    15                               FOR 2019 - 2023

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12039-02-2

        A. 9771                             2

     1  Section 1.  Paragraph h of subdivision 1 of section  130  of  the  civil
     2  service  law  is  REPEALED  and  a  new  paragraph h is added to read as
     3  follows:
     4    h.  Pursuant  to  the  terms  of an agreement entered into pursuant to
     5  article fourteen of the civil service  law  between  the  state  and  an
     6  employee  organization  covering  members  of the collective negotiating
     7  unit designated as the agency police services  unit,  effective  on  the
     8  dates  indicated,  salary  grades  for  such  unit  members  shall be as
     9  follows:
    10    (1) Effective April first, two thousand nineteen:

    11              Perf.     Perf.     Perf.     Perf.     Perf.
    12               Ad-       Ad-       Ad-       Ad-       Ad-
    13      Hir-    vance     vance     vance     vance     vance
    14      ing     Step      Step      Step      Step      Step
    15  SG  Rate      1         2         3         4         5
    16  1   31025   32117     33209     34301     35393     36485
    17  2   31976   33126     34276     35426     36576     37726
    18  3   33300   34500     35700     36900     38100     39300
    19  4   34574   35840     37106     38372     39638     40904
    20  5   35977   37307     38637     39967     41297     42627
    21  6   37600   38998     40396     41794     43192     44590
    22  7   39445   40902     42359     43816     45273     46730
    23  8   41391   42904     44417     45930     47443     48956
    24  9   43421   44998     46575     48152     49729     51306
    25  10  45607   47267     48927     50587     52247     53907
    26  11  48007   49734     51461     53188     54915     56642
    27  12  50398   52200     54002     55804     57606     59408
    28  13  53110   54992     56874     58756     60638     62520
    29  14  55877   57851     59825     61799     63773     65747
    30  15  58804   60857     62910     64963     67016     69069
    31  16  61841   63985     66129     68273     70417     72561
    32  17  65036   67295     69554     71813     74072     76331
    33  18  68451   70823     73195     75567     77939     80311
    34  19  71910   74388     76866     79344     81822     84300
    35  20  75343   77931     80519     83107     85695     88283
    36  21  79127   81826     84525     87224     89923     92622
    37  22  83089   85948     88807     91666     94525     97384
    38  23  87312   90251     93190     96129     99068    102007
    39  24  91761   94810     97859    100908    103957    107006
    40  25  96601   99781    102961    106141    109321    112501

    41                                                      Long
    42                                                      Max.
    43                       10-yr.    15-yr.    20-yr.    25-yr.
    44      Job     Perf.     Long      Long      Long      Long
    45  SG  Rate    Adv.      Step      Step      Step      Step
    46  1   37577   1092      39208     40838     43999     45631
    47  2   38876   1150      40602     42328     45580     47309
    48  3   40500   1200      42300     44100     47429     49230
    49  4   42170   1266      44064     45959     49378     51268
    50  5   43957   1330      45949     47941     51460     53452
    51  6   45988   1398      48086     50184     53811     55911
    52  7   48187   1457      50368     52549     56258     58439
    53  8   50469   1513      52735     55000     58795     61065
    54  9   52883   1577      55255     57624     61520     63887

        A. 9771                             3

     1  10  55567   1660      58051     60533     64541     67025
     2  11  58369   1727      60954     63535     67652     70238
     3  12  61210   1802      63914     66618     70852     73556
     4  13  64402   1882      67218     70034     74382     77198
     5  14  67721   1974      70672     73621     78104     81054
     6  15  71122   2053      74196     77270     81874     84946
     7  16  74705   2144      77919     81133     85871     89082
     8  17  78590   2259      81970     85351     90260     93641
     9  18  82683   2372      86236     89789     94875     98432
    10  19  86778   2478      90489     94200     99437    103148
    11  20  90871   2588      94755     98639    104046    107932
    12  21  95321   2699      99369    103420    108991    113037
    13  22  100243  2859     104523    108802    114609    118890
    14  23  104946  2939     109355    113766    119702    124111
    15  24  110055  3049     114625    119195    125297    129866
    16  25  115681  3180     120448    125216    131507    136273

    17    (2) Effective April first, two thousand twenty:

    18              Perf.     Perf.     Perf.     Perf.     Perf.
    19               Ad-       Ad-       Ad-       Ad-       Ad-
    20      Hir-    vance     vance     vance     vance     vance
    21      ing     Step      Step      Step      Step      Step
    22  SG  Rate      1         2         3         4         5
    23  1   31646   32760     33874     34988     36102     37216
    24  2   32616   33789     34962     36135     37308     38481
    25  3   33966   35190     36414     37638     38862     40086
    26  4   35265   36556     37847     39138     40429     41720
    27  5   36697   38054     39411     40768     42125     43482
    28  6   38352   39778     41204     42630     44056     45482
    29  7   40234   41720     43206     44692     46178     47664
    30  8   42219   43762     45305     46848     48391     49934
    31  9   44289   45898     47507     49116     50725     52334
    32  10  46519   48212     49905     51598     53291     54984
    33  11  48967   50729     52491     54253     56015     57777
    34  12  51406   53244     55082     56920     58758     60596
    35  13  54172   56092     58012     59932     61852     63772
    36  14  56995   59008     61021     63034     65047     67060
    37  15  59980   62074     64168     66262     68356     70450
    38  16  63078   65265     67452     69639     71826     74013
    39  17  66337   68641     70945     73249     75553     77857
    40  18  69820   72240     74660     77080     79500     81920
    41  19  73348   75876     78404     80932     83460     85988
    42  20  76850   79490     82130     84770     87410     90050
    43  21  80710   83463     86216     88969     91722     94475
    44  22  84751   87667     90583     93499     96415     99331
    45  23  89058   92056     95054     98052    101050    104048
    46  24  93596   96706     99816    102926    106036    109146
    47  25  98533  101777    105021    108265    111509    114753

    48                                                      Long
    49                                                      Max.
    50                       10-yr.    15-yr.    20-yr.    25-yr.
    51      Job     Perf.     Long      Long      Long      Long
    52  SG  Rate    Adv.      Step      Step      Step      Step
    53  1   38330   1114      39994     41656     44880     46545

        A. 9771                             4

     1  2   39654   1173      41415     43175     46492     48256
     2  3   41310   1224      43146     44982     48378     50215
     3  4   43011   1291      44943     46876     50363     52291
     4  5   44839   1357      46871     48903     52492     54524
     5  6   46908   1426      49048     51188     54887     57029
     6  7   49150   1486      51375     53599     57382     59607
     7  8   51477   1543      53788     56099     59970     62285
     8  9   53943   1609      56362     58779     62753     65167
     9  10  56677   1693      59211     61742     65830     68364
    10  11  59539   1762      62176     64808     69008     71645
    11  12  62434   1838      65192     67950     72269     75027
    12  13  65692   1920      68564     71437     75872     78744
    13  14  69073   2013      72083     75091     79664     82673
    14  15  72544   2094      75679     78815     83511     86644
    15  16  76200   2187      79478     82757     87589     90865
    16  17  80161   2304      83609     87057     92064     95513
    17  18  84340   2420      87964     91588     96776    100404
    18  19  88516   2528      92301     96086    101428    105213
    19  20  92690   2640      96652    100613    106129    110092
    20  21  97228   2753     101357    105489    111171    115298
    21  22  102247  2916     106613    110977    116900    121267
    22  23  107046  2998     111543    116042    122097    126594
    23  24  112256  3110     116917    121579    127803    132463
    24  25  117997  3244     122859    127723    134140    139001

    25    (3) Effective April first, two thousand twenty-one:

    26              Perf.     Perf.     Perf.     Perf.     Perf.
    27               Ad-       Ad-       Ad-       Ad-       Ad-
    28      Hir-    vance     vance     vance     vance     vance
    29      ing     Step      Step      Step      Step      Step
    30  SG  Rate      1         2         3         4         5
    31  1   32279   33415     34551     35687     36823     37959
    32  2   33268   34465     35662     36859     38056     39253
    33  3   34645   35894     37143     38392     39641     40890
    34  4   35970   37287     38604     39921     41238     42555
    35  5   37431   38815     40199     41583     42967     44351
    36  6   39119   40574     42029     43484     44939     46394
    37  7   41039   42555     44071     45587     47103     48619
    38  8   43063   44637     46211     47785     49359     50933
    39  9   45175   46816     48457     50098     51739     53380
    40  10  47449   49176     50903     52630     54357     56084
    41  11  49946   51743     53540     55337     57134     58931
    42  12  52434   54309     56184     58059     59934     61809
    43  13  55255   57214     59173     61132     63091     65050
    44  14  58135   60188     62241     64294     66347     68400
    45  15  61180   63316     65452     67588     69724     71860
    46  16  64340   66571     68802     71033     73264     75495
    47  17  67664   70014     72364     74714     77064     79414
    48  18  71216   73685     76154     78623     81092     83561
    49  19  74815   77394     79973     82552     85131     87710
    50  20  78387   81080     83773     86466     89159     91852
    51  21  82324   85132     87940     90748     93556     96364
    52  22  86446   89420     92394     95368     98342    101316
    53  23  90839   93897     96955    100013    103071    106129

        A. 9771                             5

     1  24  95468   98640    101812    104984    108156    111328
     2  25  100504 103813    107122    110431    113740    117049

     3                                                      Long
     4                                                      Max.
     5                       10-yr.    15-yr.    20-yr.    25-yr.
     6      Job     Perf.     Long      Long      Long      Long
     7  SG  Rate    Adv.      Step      Step      Step      Step
     8  1   39095   1136      40792     42488     45776     47474
     9  2   40450   1197      42246     44041     47425     49224
    10  3   42139   1249      44012     45884     49348     51222
    11  4   43872   1317      45843     47814     51371     53338
    12  5   45735   1384      47808     49880     53541     55614
    13  6   47849   1455      50032     52215     55988     58172
    14  7   50135   1516      52405     54673     58532     60801
    15  8   52507   1574      54864     57221     61170     63531
    16  9   55021   1641      57488     59954     64007     66469
    17  10  57811   1727      60396     62977     67147     69732
    18  11  60728   1797      63418     66102     70386     73076
    19  12  63684   1875      66497     69310     73716     76529
    20  13  67009   1959      69938     72869     77393     80322
    21  14  70453   2053      73523     76591     81256     84325
    22  15  73996   2136      77194     80392     85182     88378
    23  16  77726   2231      81070     84414     89343     92684
    24  17  81764   2350      85281     88798     93905     97423
    25  18  86030   2469      89726     93423     98715    102415
    26  19  90289   2579      94150     98010    103459    107320
    27  20  94545   2693      98586    102626    108253    112295
    28  21  99172   2808     103384    107598    113394    117603
    29  22  104290  2974     108743    113195    119236    123690
    30  23  109187  3058     113774    118363    124539    129126
    31  24  114500  3172     119254    124009    130358    135111
    32  25  120358  3309     125317    130279    136824    141782

    33    (4) Effective April first, two thousand twenty-two:

    34              Perf.     Perf.     Perf.     Perf.     Perf.
    35               Ad-       Ad-       Ad-       Ad-       Ad-
    36      Hir-    vance     vance     vance     vance     vance
    37      ing     Step      Step      Step      Step      Step
    38  SG  Rate      1         2         3         4         5
    39  1   32925   34084     35243     36402     37561     38720
    40  2   33933   35154     36375     37596     38817     40038
    41  3   35338   36612     37886     39160     40434     41708
    42  4   36689   38032     39375     40718     42061     43404
    43  5   38180   39592     41004     42416     43828     45240
    44  6   39901   41385     42869     44353     45837     47321
    45  7   41860   43406     44952     46498     48044     49590
    46  8   43924   45530     47136     48742     50348     51954
    47  9   46079   47753     49427     51101     52775     54449
    48  10  48398   50160     51922     53684     55446     57208
    49  11  50945   52778     54611     56444     58277     60110
    50  12  53483   55396     57309     59222     61135     63048
    51  13  56360   58358     60356     62354     64352     66350
    52  14  59298   61392     63486     65580     67674     69768
    53  15  62404   64583     66762     68941     71120     73299

        A. 9771                             6

     1  16  65627   67903     70179     72455     74731     77007
     2  17  69017   71414     73811     76208     78605     81002
     3  18  72640   75159     77678     80197     82716     85235
     4  19  76311   78942     81573     84204     86835     89466
     5  20  79955   82702     85449     88196     90943     93690
     6  21  83970   86834     89698     92562     95426     98290
     7  22  88175   91209     94243     97277    100311    103345
     8  23  92656   95775     98894    102013    105132    108251
     9  24  97377  100613    103849    107085    110321    113557
    10  25  102514 105889    109264    112639    116014    119389

    11                                                      Long
    12                                                      Max.
    13                       10-yr.    15-yr.    20-yr.    25-yr.
    14      Job     Perf.     Long      Long      Long      Long
    15  SG  Rate    Adv.      Step      Step      Step      Step
    16  1   39879   1159      41610     43340     46694     48426
    17  2   41259   1221      43091     44922     48374     50208
    18  3   42982   1274      44892     46802     50335     52247
    19  4   44747   1343      46757     48768     52396     54402
    20  5   46652   1412      48766     50880     54614     56729
    21  6   48805   1484      51032     53258     57107     59334
    22  7   51136   1546      53451     55765     59701     62015
    23  8   53560   1606      55964     58368     62396     64804
    24  9   56123   1674      58639     61155     65289     67800
    25  10  58970   1762      61607     64239     68493     71129
    26  11  61943   1833      64687     67424     71794     74538
    27  12  64961   1913      67830     70700     75194     78063
    28  13  68348   1998      71336     74325     78940     81927
    29  14  71862   2094      74993     78123     82881     86011
    30  15  75478   2179      78740     82002     86888     90148
    31  16  79283   2276      82694     86105     91132     94540
    32  17  83399   2397      86986     90574     95783     99371
    33  18  87754   2519      91524     95295    100693    104467
    34  19  92097   2631      96035     99972    105530    109469
    35  20  96437   2747     100559    104680    110419    114542
    36  21  101154  2864     105450    109749    115660    119954
    37  22  106379  3034     110921    115462    121624    126167
    38  23  111370  3119     116049    120730    127029    131708
    39  24  116793  3236     121642    126492    132968    137816
    40  25  122764  3375     127822    132883    139559    144616

    41    §  2.  Subdivision  2  of  section  207-d of the state finance law, as
    42  amended by section 2 of part VV of chapter 55 of the laws  of  2021,  is
    43  amended to read as follows:
    44    2.  Where and to the extent that an agreement between the state and an
    45  employee organization entered into pursuant to article fourteen  of  the
    46  civil  service  law  or an interest arbitration award issued pursuant to
    47  subdivision four of section two hundred nine of the  civil  service  law
    48  between  the state and an employee organization so provides on behalf of
    49  employees in the collective negotiating unit designated  as  the  agency
    50  police  services  unit  established  pursuant to article fourteen of the
    51  civil service law, and upon audit and warrant of  the  comptroller,  the
    52  director shall provide for the payment of moneys to such employee organ-
    53  ization  for  the  establishment  and maintenance of an employee benefit
    54  fund established by the employee organization for the employees  in  the

        A. 9771                             7

     1  negotiating  unit covered by the controlling provision of such agreement
     2  or award providing for such employee benefit fund,  such  amount  to  be
     3  determined  consistent  with said agreement or award on the basis of the
     4  number  of  full-time  annual  salaried  employees, as determined by the
     5  comptroller, [on the payroll on March first, two  thousand  fifteen  for
     6  payments to be made on April first, two thousand fifteen, on the payroll
     7  on  March  first,  two thousand sixteen for payments to be made on April
     8  first, two thousand sixteen, on the payroll on March first, two thousand
     9  seventeen for payments to be made on April first,  two  thousand  seven-
    10  teen,  and  on  the  payroll  on  March first, two thousand eighteen for
    11  payments to be made on  April  first,  two  thousand  eighteen]  on  the
    12  payroll on March first, two thousand nineteen for payments to be made on
    13  April first, two thousand nineteen,  on the  payroll on March first, two
    14  thousand  twenty  for  payments  to be made on April first, two thousand
    15  twenty, on the payroll on March first,  two thousand   twenty-one    for
    16  payments  to be made on April first, two thousand twenty-one, and on the
    17  payroll on March first, two thousand  twenty-two  for payments   to   be
    18  made  on April first, two thousand twenty-two. The amount, which will be
    19  determined pursuant to this section, for employees  who  are  paid  from
    20  special  or  administrative  funds,  other  than the general fund or the
    21  capital projects fund of the state, will be paid from the appropriations
    22  as provided by law, in which case the comptroller will establish  proce-
    23  dures to ensure repayment from said special or administrative funds. The
    24  director  shall  enter  into  an agreement with an employee organization
    25  which sets forth the specific terms and conditions for the establishment
    26  and administration of an employee benefit fund as a  condition  for  the
    27  transmittal of moneys pursuant to this section.
    28    §  3. Paragraph 1 of subdivision j of section 41 of the retirement and
    29  social security law, as amended by chapter 18 of the laws  of  2012,  is
    30  amended to read as follows:
    31    1. In addition to any other service credit to which he or she is enti-
    32  tled,  a  member  who meets the requirements set forth in paragraphs two
    33  and three of this subdivision shall be granted  one  day  of  additional
    34  service credit for each day of accumulated unused sick leave which he or
    35  she has at time of retirement for service, but such credit shall not (a)
    36  exceed  one  hundred  sixty-five  days, (b) be considered in meeting any
    37  service or age requirements prescribed  in  this  chapter,  and  (c)  be
    38  considered  in computing final average salary. However, for an executive
    39  branch member designated managerial or confidential pursuant to  article
    40  fourteen of the civil service law or in the collective negotiating units
    41  established  by article fourteen of the civil service law designated the
    42  professional, scientific and technical services  unit,  the  rent  regu-
    43  lation  services  negotiating  unit,  the  security services negotiating
    44  unit, the security supervisors negotiating unit,  the  state  university
    45  professional  services  negotiating  unit,  the  administrative services
    46  negotiating unit, the institutional services negotiating unit, the oper-
    47  ational services negotiating unit and the division of military and naval
    48  affairs negotiating unit and, effective on and  after  June  twenty-sev-
    49  enth,  two  thousand  seventeen for the agency police services unit such
    50  service credit limitation provided in subparagraph (a) of this paragraph
    51  shall not exceed two hundred days.  For a nonjudicial officer or employ-
    52  ee of the unified court system not in a collective negotiating  unit  or
    53  in a collective negotiating unit specified in section one of chapter two
    54  hundred three of the laws of two thousand four, for employees of the New
    55  York  state  dormitory  authority,  for  employees of the New York state
    56  thruway authority, the New York state canal corporation  and  the  state

        A. 9771                             8

     1  university  construction  fund  and for employees of the New York liqui-
     2  dation bureau such service credit limitation  provided  in  subparagraph
     3  (a) of this paragraph shall not exceed two hundred days. For members who
     4  first  become  members  of a public retirement system of the state on or
     5  after April first, two thousand twelve, such credit shall not exceed one
     6  hundred days.
     7    § 4. Paragraph 1 of subdivision j of section 341 of the retirement and
     8  social security law, as amended by chapter 244 of the laws of  2002,  is
     9  amended to read as follows:
    10    1. In addition to any other service credit to which he or she is enti-
    11  tled,  a  member  who meets the requirements set forth in paragraphs two
    12  and three of this subdivision shall be granted  one  day  of  additional
    13  service credit for each day of accumulated unused sick leave which he or
    14  she has at time of retirement for service, but such credit shall not (a)
    15  exceed  one  hundred  sixty-five  days, (b) be considered in meeting any
    16  service or age requirements prescribed  in  this  chapter,  and  (c)  be
    17  considered  in  computing final average salary. However, for a member of
    18  the collective negotiating units established by article fourteen of  the
    19  civil  service  law  designated  the  security services negotiating unit
    20  [and], the security supervisors negotiating unit and  effective  on  and
    21  after  June  twenty-seventh,  two  thousand seventeen, the agency police
    22  services unit such service credit limitation  provided  in  subparagraph
    23  (a) of this paragraph shall not exceed two hundred days.
    24    §  5.  Compensation  for  members  of  the collective negotiating unit
    25  designated as agency police  services  unit  pursuant  to  an  agreement
    26  between the state of New York and the employee organization representing
    27  such  individuals  or an interest arbitration award binding the state of
    28  New York and the employee organization representing such individuals.
    29    1. The provisions of this section shall apply to all  full-time  offi-
    30  cers  and employees in the collective negotiating unit designated as the
    31  agency police services unit established pursuant to article  14  of  the
    32  civil service law.
    33    2.  Effective April 1, 2019, the basic annual salary of all members of
    34  the agency police services unit who were in  full-time  annual  salaried
    35  employment status on March 31, 2019 shall be increased by two percent.
    36    3.  Effective April 1, 2020, the basic annual salary of all members of
    37  the agency police services unit who were in  full-time  annual  salaried
    38  employment status on March 31, 2020 shall be increased by two percent.
    39    4.  Effective April 1, 2021, the basic annual salary of all members of
    40  the agency police services unit who were in  full-time  annual  salaried
    41  employment status on March 31, 2021 shall be increased by two percent.
    42    5.  Effective April 1, 2022, the basic annual salary of all members of
    43  the agency police services unit who were in  full-time  annual  salaried
    44  employment status on March 31, 2022 shall be increased by two percent.
    45    6.   Advancement   within  salary  grade.  Payments  pursuant  to  the
    46  provisions of subdivision 6 of section 131 of the civil service law  for
    47  members  of the agency police services unit shall be payable pursuant to
    48  the terms of an agreement between the state and an employee organization
    49  representing employees subject to the provisions of this section.
    50    7. Effective April 1, 2015, pursuant to  the  terms  of  an  agreement
    51  covering  members  of  the  agency  police  services unit, for such unit
    52  members  who  are  on  the  institutional  payroll,  the  ten-year,  the
    53  fifteen-year,  the  twenty-year, and the twenty-five-year longevity step
    54  payment for such unit members to whom the  provisions  of  this  section
    55  apply shall be that amount prescribed by paragraph h of subdivision 1 of

        A. 9771                             9

     1  section  130  of  the civil service law, as added by section one of this
     2  act.
     3    8. Notwithstanding any of the foregoing provisions of this section, if
     4  the  basic  annual salary of such unit members to whom the provisions of
     5  this section apply  is  identical  with  the  hiring  rate,  performance
     6  advance  step  one, two, three, four or five, the job rate, the ten-year
     7  longevity step, the fifteen-year longevity step, the twenty-year longev-
     8  ity step or the twenty-five-year longevity step of his or  her  position
     9  on  the  effective dates of the increases provided in this section, such
    10  basic annual salary shall be increased to the hiring  rate,  performance
    11  advance  step  one, two, three, four or five, the job rate, the ten-year
    12  longevity step, the fifteen-year longevity step, the twenty-year longev-
    13  ity step or the twenty-five-year longevity step, respectively,  of  such
    14  salary grade as contained in the appropriate salary schedule in subpara-
    15  graphs (1), (2), (3), and (4) of paragraph h of subdivision 1 of section
    16  130  of  the  civil service law, as added by section one of this act, to
    17  take effect on the dates provided in subparagraphs (1),  (2),  (3),  and
    18  (4),  respectively.    The  increases in basic annual salary provided by
    19  this subdivision shall be in lieu of any increase in basic annual salary
    20  provided for in subdivisions two, three, four and five of this section.
    21    9. If an unencumbered position is one which if  encumbered,  would  be
    22  subject  to  the provisions of this section, the salary of such position
    23  shall be increased by the salary  increase  amounts  specified  in  this
    24  section.  If  a  position is created and is filled by the appointment of
    25  such unit members to whom the provisions  of  this  section  apply,  the
    26  salary  otherwise  provided  for such position shall be increased in the
    27  same manner as though such position had been in existence  but  unencum-
    28  bered.   Notwithstanding the provisions of this section, the director of
    29  the budget may reduce the salary of  any  such  position,  which  is  or
    30  becomes vacant.
    31    10.  The  increases  in  salary payable pursuant to this section shall
    32  apply on a prorated basis to officers and employees, otherwise  eligible
    33  to  receive an increase in salary pursuant to this section, who are paid
    34  on an hourly or per diem basis, employees  serving  on  a  part-time  or
    35  seasonal  basis  and employees paid on any basis other than at an annual
    36  salaried rate; except that  the  provisions  of  subdivision  eleven  or
    37  twelve  of this section shall not apply to employees serving on an hour-
    38  ly, per diem, or seasonal basis, except as determined by the director of
    39  the budget.
    40    11.  Notwithstanding  any  other  provision  of  this   section,   the
    41  provisions of this section shall not apply to officers or employees paid
    42  on a fee schedule basis.
    43    12.  In  order  to provide for the officers and employees to whom this
    44  section applies who are not  allocated  to  salary  grades,  performance
    45  advancements  and payments in proportion to those provided to persons to
    46  whom this section applies who are allocated to salary grades, the direc-
    47  tor of the budget is authorized to add appropriate  adjustments  to  the
    48  compensation which such officers and employees are otherwise entitled to
    49  receive. The director of the budget shall issue certificates which shall
    50  contain  schedules  of  positions  and  the  salaries  thereof for which
    51  adjustments are made pursuant to the provisions of this subdivision, and
    52  a copy of each such certificate shall be  filed  with  the  state  comp-
    53  troller,  the  department  of  civil service, the chairman of the senate
    54  finance committee and the  chairman  of  the  assembly  ways  and  means
    55  committee.

        A. 9771                            10

     1    13.  Notwithstanding  any of the foregoing provisions of this section,
     2  any increase in compensation may be withheld in whole or  in  part  from
     3  any such unit members to whom the provisions of this section apply when,
     4  in  the  opinion  of  the director of the division of the budget and the
     5  director of employee relations, such increase is not warranted or is not
     6  appropriate.
     7    §  6. Additional compensation for certain members of the agency police
     8  services collective negotiating unit. 1. In recognition of  the  general
     9  requirement  for  full-time  employees of the state in the agency police
    10  services unit to assemble for briefing  prior  to  the  commencement  of
    11  duties,  where  and  to  the  extent an agreement so provides, each such
    12  employee except  such  an  employee  receiving  additional  compensation
    13  pursuant to subdivision 5 of section 134 of the civil service law, shall
    14  continue  to receive additional compensation in recognition of pre-shift
    15  briefing at one and one-half times the hourly rate of pay  provided  for
    16  by  subdivision  1 of section 134 of the civil service law and the rules
    17  and regulations of the director of the budget.
    18    2. Members of the agency police services collective  negotiating  unit
    19  who  are  full-time  annual salaried and are police officers pursuant to
    20  subdivision 34 of section 1.20 of the criminal procedure  law,  who  are
    21  required,  authorized  and  actually  assemble for pre-shift briefing or
    22  line up before the commencement of their  regular  tour  of  duty  shall
    23  continue  to  be  paid for pre-shift briefing. However, employees of the
    24  department of environmental conservation who do not physically  line  up
    25  shall  be  paid  the  equivalent  of pre-shift compensation for vehicle,
    26  equipment, office maintenance, and the handling of phone calls and  home
    27  visitations received and instigated outside of the regular workday. This
    28  payment  supplants  any  payments  made  to such employees for equipment
    29  storage. There shall be no payment of pre-shift briefing for any day  in
    30  which  any  employee who is a member of the agency police services unit,
    31  full-time annual salaried and a police officer pursuant  to  subdivision
    32  34  of  section  1.20  of  the  criminal procedure law is not physically
    33  reporting to work. There shall be no change in the payment for pre-shift
    34  briefing for all other members of the agency police services unit.
    35    3. Any such additional compensation pursuant to this section shall  be
    36  paid  in  addition  to  and shall not be a part of such employee's basic
    37  annual salary and shall not be included as compensation for the purposes
    38  of computation of overtime pay, provided, however, that such  additional
    39  compensation  shall be included for retirement purposes. Notwithstanding
    40  the foregoing provisions of this section or of any other law, such addi-
    41  tional compensation as added by this section shall be  in  lieu  of  the
    42  continuation  of any other additional compensation for such unit members
    43  in recognition of pre-shift briefing.
    44    § 7. Clothing allowance. Effective April  1,  2019,  pursuant  to  the
    45  terms  of  an  agreement  covering members of the agency police services
    46  collective negotiating unit who are full-time annual  salaried  and  are
    47  classified as investigators or detectives, in recognition of the general
    48  requirement for such unit members to whom the provisions of this section
    49  apply  to  wear  professional  attire,  each such employee who is on the
    50  payroll on the first day of November preceding the annual effective date
    51  shall continue to receive a clothing allowance at a rate of four hundred
    52  dollars per year effective December 1, 2011.
    53    § 8. Location pay. 1. Pursuant to the terms of an  agreement  covering
    54  members  of  the agency police services collective negotiating unit, and
    55  notwithstanding any inconsistent provision of law,  effective  April  1,
    56  2019, all members of this unit who are full-time annual salaried employ-

        A. 9771                            11

     1  ees  and whose principal place of employment, or, in the case of a field
     2  employee, whose official station is determined in  accordance  with  the
     3  regulations  of  the  state  comptroller,  is located in the city of New
     4  York,  or  in  the  county  of Rockland, Westchester, Nassau, or Suffolk
     5  shall continue to receive location pay in the amount of fifteen  hundred
     6  twenty  dollars.  Effective April 1, 2020, this amount shall increase to
     7  fifteen hundred fifty dollars. Effective  April  1,  2021,  this  amount
     8  shall increase to fifteen hundred eighty-one dollars. Effective April 1,
     9  2022, the amount shall increase to sixteen hundred thirteen dollars.
    10    2. The location pay as set out in this section shall be in addition to
    11  and  shall not be a part of an employee's basic annual salary, and shall
    12  not affect or impair any performance advance or other rights or benefits
    13  to which an employee may be entitled by  law,  provided,  however,  that
    14  location  pay  shall  be  included  as  compensation for the purposes of
    15  computation of overtime pay and for retirement  purposes.  This  payment
    16  will  be  equally  divided  over  the twenty-six payroll periods in each
    17  fiscal year.
    18    § 9. Supplemental location pay. 1. Pursuant to the terms of an  agree-
    19  ment covering members of the agency police services collective negotiat-
    20  ing  unit,  and  notwithstanding  any inconsistent provision of law, all
    21  members of this unit who are full-time  annual  salaried  employees  and
    22  whose  principal place of employment, or, in the case of a field employ-
    23  ee, whose official station is determined in accordance  with  the  regu-
    24  lations of the state comptroller, is located in the city of New York, or
    25  in the county of Putnam, Orange, Dutchess, Rockland, Westchester, Nassau
    26  or  Suffolk, shall continue to receive supplemental location pay, in the
    27  following amounts:

    28                                Orange/Putnam/ NYC/Rockland/  Nassau/
    29                                Dutchess       Westchester    Suffolk
    30  Effective April 1, 2019       $1,266         $1,900         $2,217
    31  Effective April 1, 2020       $1,291         $1,938         $2,261
    32  Effective April 1, 2021       $1,317         $1,977         $2,306
    33  Effective April 1, 2022       $1,343         $2,017         $2,352

    34    2. The supplemental location pay as set out in this section  shall  be
    35  in  addition  to  and  shall not be a part of an employee's basic annual
    36  salary and shall not affect or impair any performance advance  or  other
    37  rights  or  benefits  to  which  an  employee  may  be  entitled by law;
    38  provided, however, that supplemental location pay shall be  included  as
    39  compensation  for  the  purposes  of computation of overtime pay and for
    40  retirement purposes. This payment will be equally divided over the twen-
    41  ty-six payroll periods in each fiscal year.
    42    § 10. Expanded duty pay. Pursuant to the  terms  of  an  agreement  or
    43  award  covering members of the agency police services collective negoti-
    44  ating unit who are full-time annual salaried employees,  in  recognition
    45  of the additional and continued duties and responsibilities performed by
    46  the  police  officers  in  this  unit  as a result of the September 11th
    47  terrorist attacks, and notwithstanding any provision  of  law,  rule  or
    48  regulation  to  the  contrary,  members of this unit, effective April 1,
    49  2019, shall continue to receive expanded duty pay in the amount of three
    50  thousand eight hundred and twenty-five dollars. Effective April 1, 2022,
    51  this amount shall increase to five thousand dollars.
    52    Expanded duty pay as set out in this section shall be in  addition  to
    53  and  shall  not be a part of an employee's basic annual salary and shall
    54  not affect or impair any performance advance or other rights or benefits

        A. 9771                            12

     1  to which an employee may be entitled by  law;  provided,  however,  that
     2  expanded  duty pay shall be included as compensation for the purposes of
     3  computation of overtime pay and for retirement  purposes.  This  payment
     4  will  be  equally  divided  over  the twenty-six payroll periods in each
     5  fiscal year.  Effective with the first academy class enrolled subsequent
     6  to  ratification  of  the  2019-2023  collective  bargaining  agreement,
     7  expanded duty pay shall not be paid to such individuals until the begin-
     8  ning  of  the  first  pay period following their one-year anniversary of
     9  employment.
    10    § 11. Marine/off-road enforcement pay. Pursuant to  the  terms  of  an
    11  agreement  covering  members  of  the  agency police services collective
    12  negotiating unit who are full-time annual salaried employees,  effective
    13  April  1,  2019, all members of this unit who are employed by the office
    14  of parks, recreation and historic  preservation  or  the  department  of
    15  environmental  conservation  shall continue to receive one thousand five
    16  hundred dollars per year in recognition of their expertise in marine and
    17  off-road enforcement. Marine/off-road enforcement pay as set out in this
    18  section shall be in addition to and shall not be a part of an employee's
    19  basic annual salary, and shall not  affect  or  impair  any  performance
    20  advance or other rights or benefits to which an employee may be entitled
    21  by law; provided, however, that marine/off-road enforcement pay shall be
    22  included as compensation for the purposes of computation of overtime pay
    23  and  for  retirement purposes. This payment will be equally divided over
    24  the twenty-six payroll periods in each fiscal year. Effective  with  the
    25  first academy class enrolled subsequent to ratification of the 2019-2023
    26  collective  bargaining  agreement, marine/off-road enforcement pay shall
    27  not be paid to such individuals until the beginning  of  the  first  pay
    28  period following their one-year anniversary of employment.
    29    § 12. Hazardous material pay. 1. Pursuant to the terms of an agreement
    30  covering  members  of  the agency police services collective negotiating
    31  unit who are full-time annual salaried  employees,  effective  April  1,
    32  2019,  all  members  who are employed by the department of environmental
    33  conservation, except for those in the forest ranger title series,  shall
    34  continue to receive one thousand five hundred dollars per year in recog-
    35  nition  of their expertise and handling of hazardous materials.  Hazard-
    36  ous material pay as set out in this section shall be in addition to  and
    37  shall  not be a part of an employee's basic annual salary, and shall not
    38  affect or impair any performance advance or other rights or benefits  to
    39  which  an  employee  may  be  entitled  by  law; provided, however, that
    40  hazardous material  pay  shall  be  included  as  compensation  for  the
    41  purposes  of  computation  of  overtime pay and for retirement purposes.
    42  This payment will be equally divided over the twenty-six payroll periods
    43  in each fiscal year.  Effective with the first  academy  class  enrolled
    44  subsequent to ratification of the 2019-2023 collective bargaining agree-
    45  ment, hazardous material pay shall not be paid to such individuals until
    46  the  beginning of the first pay period following their one-year anniver-
    47  sary of employment.
    48    2. Hazardous material/fire management/search and rescue pay.  Pursuant
    49  to  the  terms  of  an  agreement  covering members of the agency police
    50  services collective negotiating unit who are full-time  annual  salaried
    51  employees,  effective April 1, 2015, all members who are employed by the
    52  department of environmental conservation  in  the  forest  ranger  title
    53  series  shall  continue to receive one thousand five hundred dollars per
    54  year in recognition of their expertise and handling of hazardous materi-
    55  als. Hazardous material/fire management/search and rescue pay as set out
    56  in this section shall be in addition to and shall not be a  part  of  an

        A. 9771                            13

     1  employee's  basic  annual  salary,  and  shall  not affect or impair any
     2  performance advance or other rights or benefits to which an employee may
     3  be entitled by law;  provided,  however,  that  hazardous  material/fire
     4  management/search  and  rescue pay shall be included as compensation for
     5  the purposes of computation of overtime pay and for retirement purposes.
     6  This payment will be equally divided over the twenty-six payroll periods
     7  in each fiscal year. Effective with the  first  academy  class  enrolled
     8  subsequent to ratification of the 2019-2023 collective bargaining agree-
     9  ment, hazardous material/fire management/search and rescue pay shall not
    10  be  paid to such individuals until the beginning of the first pay period
    11  following their one-year anniversary of employment.
    12    § 13. Effective with the first academy class  enrolled  subsequent  to
    13  ratification  of  the 2019-2023 collective bargaining agreement, the two
    14  hundred dollar payment to individuals who complete their initial  train-
    15  ing shall be eliminated.
    16    §  14.  Fifteen years of service pay. Notwithstanding any provision of
    17  law to the contrary, pursuant to the terms of the  agreement  negotiated
    18  between  the state and the employee organization representing the agency
    19  police services unit, effective April 1, 2021, all members of  the  unit
    20  who  have  fifteen  years of service in the agency police services unit,
    21  including service in any predecessor units, shall receive a  payment  of
    22  twelve  hundred  dollars.    Such  payment  shall be annualized and paid
    23  during regular bi-weekly periods.  Such payment shall be in addition to,
    24  and shall not be a part of, a member's annual basic  salary,  and  shall
    25  not affect or impair any increments or other rights or benefits to which
    26  the member may be entitled; provided, however, that the payment shall be
    27  included as compensation for purposes of computation of overtime pay and
    28  for  retirement  purposes.  Such  amount shall also be included for such
    29  eligible employees in the calculation of premium pay for  those  members
    30  who receive such pay.
    31    §  15.  Inconvenience pay program. Pursuant to chapter 333 of the laws
    32  of 1969, as amended, and an agreement negotiated between the  state  and
    33  the  employee  organization  representing  members  of the agency police
    34  services unit, effective April 1, 2019, members  of  the  agency  police
    35  services  unit shall continue to receive inconvenience pay in the amount
    36  of five hundred ninety-seven dollars.  Any such additional  compensation
    37  pursuant  to  this section shall be included as compensation for retire-
    38  ment purposes.
    39    § 16. During the period April 1, 2019 through March  31,  2023  or  as
    40  otherwise  agreed,  there  shall  be  a statewide joint labor-management
    41  committee continued and administered pursuant to the terms of the agree-
    42  ment negotiated between, or an interest arbitration  award  binding  the
    43  state  and  the  employee  organization  representing  employees  in the
    44  collective negotiating unit designated as  the  agency  police  services
    45  unit  established  pursuant to article 14 of the civil service law which
    46  shall, with the amounts available therefore, study and make  recommenda-
    47  tions concerning major issues of employee assistance, performance evalu-
    48  ation,  education  and  training, quality of work life, health benefits,
    49  and provide for the implementation of the terms of  agreements  of  such
    50  committees.
    51    § 17. Notwithstanding any provision of law to the contrary, the appro-
    52  priations  contained in this act shall be available to the state for the
    53  payment and publication of grievance  and  arbitration  settlements  and
    54  awards pursuant to articles 7 and 8 of the collective negotiating agree-
    55  ment  between  the  state and the employee organization representing the

        A. 9771                            14

     1  collective negotiating unit designated as  the  agency  police  services
     2  unit established pursuant to article 14 of the civil service law.
     3    §  18. Notwithstanding any provision of law, rule or regulation to the
     4  contrary, and where and to the extent an  agreement  negotiated  between
     5  the  state  and  the employee organization representing employees in the
     6  agency police services collective negotiating unit established  pursuant
     7  to  article  14  of  the  civil service law so provides, the salaries of
     8  newly hired employees on or after September 1, 1992 into  state  service
     9  in  positions  within  said negotiating unit shall not be subject to the
    10  provisions of subdivision 2-a of section 200 of the state finance law.
    11    § 19. Date of entitlement  to  salary  increase.  Notwithstanding  the
    12  provisions of this act or of any other provision of law to the contrary,
    13  the  increase  in  salary  or  compensation  provided by this act of any
    14  member of the agency police services collective negotiating unit  estab-
    15  lished pursuant to article 14 of the civil service law who are full-time
    16  annual  salaried  employees and are police officers pursuant to subdivi-
    17  sion 34 of section 1.20 of the criminal procedure law shall be added  to
    18  the  salary  of such member at the beginning of that payroll period, the
    19  first day of which is nearest to the effective date of such increase  as
    20  provided  in this act, or at the beginning of the earlier of two payroll
    21  periods, the first days of which are nearest but  equally  near  to  the
    22  effective  date  of  such  increase  as  provided in this act; provided,
    23  however, that, for the purposes of determining the salary of  such  unit
    24  members  upon  reclassification,  reallocation,  appointment, promotion,
    25  transfer, demotion, reinstatement, or other change of status, such sala-
    26  ry increase shall be deemed to be  effective  on  the  date  thereof  as
    27  prescribed by this act, with payment thereof pursuant to this section on
    28  a  date  prior thereto, instead of on such effective date, and shall not
    29  operate to confer any additional salary rights or benefits on such  unit
    30  members.    Payment  of such salary increase may be deferred pursuant to
    31  section twenty of this act.
    32    § 20.  Deferred  payment  of  salary  increases.  Notwithstanding  the
    33  provisions of any other section of this act or of any other provision of
    34  law  to  the contrary, pending payment pursuant to this act of the basic
    35  annual salaries of incumbents of positions subject  to  this  act,  such
    36  incumbents shall receive, as partial compensation for services rendered,
    37  the  rate  of  salary  and other compensation otherwise payable in their
    38  respective positions. An incumbent holding a position  subject  to  this
    39  act  at  any  time  during the period from April 1, 2019, until the time
    40  when basic annual salaries and other compensation  due  are  first  paid
    41  pursuant to this act for such services in excess of the salary and other
    42  compensation actually received therefor, shall be entitled to a lump sum
    43  payment  for the difference between the salary and other compensation to
    44  which such incumbent is entitled for such services and  the  salary  and
    45  other  compensation  actually received. Notwithstanding any law, rule or
    46  regulation to the contrary, no member of the agency police services unit
    47  to whom the provisions of this act apply shall be entitled to, or  owed,
    48  any  interest  or other penalty for any reason on any monies due to such
    49  member pursuant to the terms of this act and the terms of the  agreement
    50  or  interest  arbitration  award covering employees in the agency police
    51  services unit.
    52    § 21. Use of appropriations.  Notwithstanding  any  provision  of  the
    53  state  finance  law  or  any other provision of law to the contrary, the
    54  state comptroller is authorized to pay any amounts required  during  the
    55  fiscal  year  commencing April 1, 2022 by the provisions of this act for
    56  any state department or agency from any  appropriation  or  other  funds

        A. 9771                            15

     1  available to such state department or agency for personal service or for
     2  other  related  employee benefits during such fiscal year. To the extent
     3  that such appropriations are insufficient in any fund to accomplish  the
     4  purposes  herein  set forth, the director of the budget is authorized to
     5  allocate to the various departments and  agencies,  from  any  appropri-
     6  ations available in any fund, the amounts necessary to pay such amounts.
     7  The  aforementioned appropriations shall be available for payment of any
     8  liabilities or obligations incurred prior to April 1, 2022, in  addition
     9  to current liabilities.
    10    §  22.  Notwithstanding  any provision of the state finance law or any
    11  other provision of law to the contrary, the sum of  thirty-four  million
    12  dollars  ($34,000,000)  is hereby appropriated in the general fund/state
    13  purposes account (10050)  in  miscellaneous-all  state  departments  and
    14  agencies solely for apportionment/transfer by the director of the budget
    15  for  use  by  any  state department or agency in any fund for the period
    16  April 1, 2019 through March 31, 2023 to  supplement  appropriations  for
    17  personal  service,  other than personal service and fringe benefits, and
    18  to carry out the provisions of this act. No money shall be available for
    19  expenditure from this appropriation until a certificate of approval  has
    20  been issued by the director of the budget and a copy of such certificate
    21  or  any amendment thereto has been filed with the state comptroller, the
    22  chair of the senate finance committee and the chair of the assembly ways
    23  and means committee. The monies hereby appropriated  are  available  for
    24  payment  of  any  liabilities or obligations incurred prior to or during
    25  the period April 1, 2019 through March 31, 2023. For this  purpose,  the
    26  monies  appropriated  shall  remain  in  full  force  and effect for the
    27  payment of liabilities incurred on or before March 31, 2023.
    28    § 23. Notwithstanding any provision of the state finance  law  or  any
    29  other  provision  of law to the contrary, the several amounts as herein-
    30  after set forth, or so much thereof as  may  be  necessary,  are  hereby
    31  appropriated from the fund so designated for use by any state department
    32  or agency for the period April 1, 2019 through March 31, 2023 to supple-
    33  ment  appropriations  from each respective fund available for other than
    34  personal service and fringe benefits, and to carry out the provisions of
    35  this act. The monies hereby appropriated are available for  the  payment
    36  of any liabilities or obligations incurred prior to or during the period
    37  commencing  April  1,  2019  through  March  31, 2023. No money shall be
    38  available for expenditure from the monies appropriated until  a  certif-
    39  icate  of  approval  has been issued by the director of the budget and a
    40  copy of such certificate or any amendment thereto has  been  filed  with
    41  the state comptroller, the chair of the senate finance committee and the
    42  chair  of  the  assembly  ways  and means committee. Notwithstanding the
    43  provisions of any other section of this act, the salary  increases,  and
    44  lump  sum  payments  provided  for  in this act shall not be implemented
    45  until the director of employee relations has  delivered  notice  to  the
    46  director  of  the  budget  and  the comptroller a letter certifying that
    47  there is in effect with respect to such negotiating unit a  collectively
    48  negotiated  agreement,  ratified  by  the membership, which provides for
    49  such increases and modifications, and which are fully executed in  writ-
    50  ing with the state pursuant to article 14 of the civil service law.

    51                     ALL STATE DEPARTMENTS AND AGENCIES
    52                              SPECIAL PAY BILLS

    53  General Fund / State Operations
    54  State Purposes Account - 003

        A. 9771                            16

     1               NONPERSONAL SERVICE

     2  Joint committee on health benefits ............... $18,000
     3  Contract administration .......................... $30,000
     4  Education and Training ........................... $99,000
     5  Education and Training - Management Directed ..... $61,000
     6  Employee Assistance Program ...................... $15,000
     7  Organizational Alcohol Program ................... $24,000
     8  Legal Defense Fund ............................... $10,000
     9  Quality of Work Life Initiatives ................. $73,000
    10  Employee Benefit Fund ........................... $218,000

    11    §  24.  This  act shall take effect immediately and shall be deemed to
    12  have been in full force and effect on and after April 1, 2019.    Appro-
    13  priations  made  by  this  act shall remain in full force and effect for
    14  liabilities incurred through March 31, 2023.
    15    ----------------------------------
    16    REPEAL NOTE: Subparagraphs 1, 2, 3 and 4 of paragraph h of subdivision
    17  1 of section 130 of the civil service law are REPEALED by section  1  of
    18  this act and are replaced with new subparagraphs 1, 2, 3 and 4.

    19                                   PART B

    20                   COLLECTIVE BARGAINING AGREEMENT BETWEEN
    21      THE STATE OF NEW YORK AND THE DISTRICT COUNCIL 37 RENT REGULATION
    22                                SERVICES UNIT
    23                               FOR 2021 - 2023

    24    Section  1.  Subparagraphs 1, 2, 3, 4 and 5 of paragraph e of subdivi-
    25  sion 1 of section 130 of the civil service law are REPEALED and two  new
    26  subparagraphs 1 and 2 are added to read as follows:
    27    (1) Effective April first, two thousand twenty-one:

    28  SG   HR     STEP   STEP   STEP   STEP   STEP   STEP     JR     INCR    JR
    29                1      2      3      4      5      6                    INCR
    30  1    25825   26696  27567  28438  29309  30180  31051   31922   871   871
    31  2    26811   27725  28639  29553  30467  31381  32295   33216   914   921
    32  3    28150   29106  30062  31018  31974  32930  33886   34835   956   949
    33  4    29379   30390  31401  32412  33423  34434  35445   36456  1011  1011
    34  5    30785   31844  32903  33962  35021  36080  37139   38198  1059  1059
    35  6    32507   33607  34707  35807  36907  38007  39107   40214  1100  1107
    36  7    34304   35458  36612  37766  38920  40074  41228   42389  1154  1161
    37  8    36239   37438  38637  39836  41035  42234  43433   44625  1199  1192
    38  9    38257   39510  40763  42016  43269  44522  45775   47028  1253  1253
    39  10   40446   41760  43074  44388  45702  47016  48330   49637  1314  1307
    40  11   42792   44171  45550  46929  48308  49687  51066   52438  1379  1372
    41  12   45241   46668  48095  49522  50949  52376  53803   55223  1427  1420
    42  13   47923   49416  50909  52402  53895  55388  56881   58374  1493  1493
    43  14   50697   52251  53805  55359  56913  58467  60021   61575  1554  1554
    44  15   53641   55260  56879  58498  60117  61736  63355   64981  1619  1626
    45  16   56646   58340  60034  61728  63422  65116  66810   68511  1694  1701
    46  17   59834   61624  63414  65204  66994  68784  70574   72364  1790  1790
    47  18   60069   62129  64189  66249  68309  70369  72429   76387  2060  3958
    48  19   63325   65472  67619  69766  71913  74060  76207   80429  2147  4222
    49  20   66566   68808  71050  73292  75534  77776  80018   84450  2242  4432
    50  21   70094   72430  74766  77102  79438  81774  84110   88877  2336  4767

        A. 9771                            17

     1  22   73863   76298  78733  81168  83603  86038  88473   93519  2435  5046
     2  23   77771   80304  82837  85370  87903  90436  92969   98372  2533  5403
     3  24   81912   84546  87180  89814  92448  95082  97716  103405  2634  5689
     4  25   86432   89177  91922  94667  97412 100157 102902  108935  2745  6033
     5  26   90984   93839  96694  99549 102404 105259 108114  114357  2855  6243
     6  27   95910   98917 101924 104931 107938 110945 113952  120454  3007  6502
     7  28  100959  104083 107207 110331 113455 116579 119703  126437  3124  6734
     8  29  106252  109494 112736 115978 119220 122462 125704  132689  3242  6985
     9  30  111803  115166 118529 121892 125255 128618 131981  139202  3363  7221
    10  31  117762  121252 124742 128232 131722 135212 138702  146179  3490  7477
    11  32  124025  127631 131237 134843 138449 142055 145661  153401  3606  7740

    12    (2) Effective April sixth, two thousand twenty-two:

    13  SG   HR     STEP   STEP   STEP   STEP   STEP   STEP     JR     INCR    JR
    14                1      2      3      4      5      6                    INCR
    15  1    26342   27231  28120  29009  29898  30787  31676   32558   889   882
    16  2    27347   28279  29211  30143  31075  32007  32939   33878   932   939
    17  3    28713   29688  30663  31638  32613  33588  34563   35531   975   968
    18  4    29967   30998  32029  33060  34091  35122  36153   37184  1031  1031
    19  5    31401   32481  33561  34641  35721  36801  37881   38961  1080  1080
    20  6    33157   34279  35401  36523  37645  38767  39889   41018  1122  1129
    21  7    34990   36167  37344  38521  39698  40875  42052   43236  1177  1184
    22  8    36964   38187  39410  40633  41856  43079  44302   45518  1223  1216
    23  9    39022   40300  41578  42856  44134  45412  46690   47968  1278  1278
    24  10   41255   42595  43935  45275  46615  47955  49295   50628  1340  1333
    25  11   43648   45055  46462  47869  49276  50683  52090   53490  1407  1400
    26  12   46146   47601  49056  50511  51966  53421  54876   56324  1455  1448
    27  13   48881   50404  51927  53450  54973  56496  58019   59542  1523  1523
    28  14   51711   53296  54881  56466  58051  59636  61221   62806  1585  1585
    29  15   54714   56366  58018  59670  61322  62974  64626   66278  1652  1652
    30  16   57779   59507  61235  62963  64691  66419  68147   69882  1728  1735
    31  17   61031   62857  64683  66509  68335  70161  71987   73813  1826  1826
    32  18   61270   63372  65474  67576  69678  71780  73882   77912  2102  4030
    33  19   64592   66782  68972  71162  73352  75542  77732   82036  2190  4304
    34  20   67897   70184  72471  74758  77045  79332  81619   86140  2287  4521
    35  21   71496   73879  76262  78645  81028  83411  85794   90657  2383  4863
    36  22   75340   77823  80306  82789  85272  87755  90238   95392  2483  5154
    37  23   79326   81910  84494  87078  89662  92246  94830  100342  2584  5512
    38  24   83550   86237  88924  91611  94298  96985  99672  105472  2687  5800
    39  25   88161   90961  93761  96561  99361 102161 104961  111111  2800  6150
    40  26   92804   95716  98628 101540 104452 107364 110276  118931  2912  8655
    41  27   97828  100895 103962 107029 110096 113163 116230  125272  3067  9042
    42  28  102978  106165 109352 112539 115726 118913 122100  131494  3187  9394
    43  29  108377  111684 114991 118298 121605 124912 128219  137997  3307  9778
    44  30  114039  117470 120901 124332 127763 131194 134625  144770  3431 10145
    45  31  120117  123677 127237 130797 134357 137917 141477  152026  3560 10549
    46  32  126506  130184 133862 137540 141218 144896 148574  159537  3678 10963

    47    §  2. Compensation for certain state officers and employees in collec-
    48  tive negotiating units.
    49    1. The provisions of this section shall apply  to  full-time  officers
    50  and  employees in the collective negotiating unit designated as the rent
    51  regulation services negotiating unit.
    52    2. Effective April 1, 2021, the basic annual salary  of  officers  and
    53  employees  in full-time employment status on the day before such payroll

        A. 9771                            18

     1  period shall be increased by two percent adjusted to the  nearest  whole
     2  dollar amount.
     3    3.  Effective  April  6, 2022, the basic annual salary of officers and
     4  employees in full-time employment status on the day before such  payroll
     5  period  shall  be increased by two percent adjusted to the nearest whole
     6  dollar amount.
     7    4. Notwithstanding the provisions of subdivisions  two  and  three  of
     8  this  section,  if  the basic annual salary of an officer or employee to
     9  whom the provisions of this section apply is identical with  the  hiring
    10  rate,  job  rate, or step 1, 2, 3, 4, 5, or 6 of the salary grade of his
    11  or her position on the effective dates  of  the  increases  provided  in
    12  these  subdivisions,  such basic annual salary shall be increased to the
    13  hiring rate, step 1, 2, 3, 4, 5, 6, or job rate, respectively,  of  such
    14  salary grade as contained in the appropriate salary schedules in subpar-
    15  agraphs  1  and  2 of paragraph e of subdivision 1 of section 130 of the
    16  civil service law, as added by section one of this act, to  take  effect
    17  on  the  dates  provided  in  subparagraphs  1  and 2 of such paragraph,
    18  respectively.  The increases in basic annual  salary  provided  by  this
    19  subdivision  shall  be  in  lieu  of any increase in basic annual salary
    20  provided for in subdivisions two and three of this section.
    21    5.  Advancement  within  salary  grade.  Payments  pursuant   to   the
    22  provisions  of subdivision 6 of section 131 of the civil service law for
    23  officers and employees entitled to such payments to whom the  provisions
    24  of  this  section apply shall be payable in accordance with the terms of
    25  an agreement reached pursuant to article 14 of  the  civil  service  law
    26  between the state and an employee organization representing employees in
    27  the  collective  negotiating  unit  designated  as  the  rent regulation
    28  services negotiating unit.
    29    6. If an unencumbered position is one which if  encumbered,  would  be
    30  subject  to  the provisions of this section, the salary of such position
    31  shall be increased by the salary  increase  amounts  specified  in  this
    32  section.  If  a  position is created and filled by the appointment of an
    33  officer or employee who is subject to the provisions  of  this  section,
    34  the  salary  otherwise  provided for such position shall be increased in
    35  the same manner as though such position had been in existence but  unen-
    36  cumbered.   Notwithstanding the provisions of this section, the director
    37  of the budget may reduce the salary of any such  position  which  is  or
    38  becomes vacant.
    39    7.  The  increases in salary provided in subdivisions two and three of
    40  this section shall apply on a prorated basis to officers and  employees,
    41  otherwise  eligible to receive an increase in salary, who are paid on an
    42  hourly or per diem basis, employees serving on a part-time  or  seasonal
    43  basis  and  employees  paid  on any basis other than at an annual salary
    44  rate. Notwithstanding the foregoing, the provisions of subdivisions four
    45  and five of this section shall not  apply  to  employees  serving  on  a
    46  seasonal basis, except as determined by the director of the budget.
    47    8.  In  order  to  provide for the officers and employees to whom this
    48  section applies who are not allocated to salary  grades,  increases  and
    49  payments  pursuant  to  this  section in proportion to those provided to
    50  persons to whom this section applies who are allocated to salary grades,
    51  the director of the budget is authorized to add appropriate  adjustments
    52  and/or  payments  to  the compensation which such officers and employees
    53  are otherwise entitled to receive. The  director  of  the  budget  shall
    54  issue  certificates  which  shall contain schedules of positions and the
    55  salaries and/or payments thereof for which adjustments  and/or  payments
    56  are  made  pursuant to the provisions of this subdivision, and a copy of

        A. 9771                            19

     1  each such certificate shall be filed with  the  state  comptroller,  the
     2  state  department  of  civil service, the chairman of the senate finance
     3  committee and the chairman of the assembly ways and means committee.
     4    9.  Notwithstanding  any  of the foregoing provisions of this section,
     5  the provisions of this section shall not apply to officers or  employees
     6  paid on a fee schedule basis.
     7    10.  Notwithstanding  any  of the foregoing provisions of this section
     8  except subdivision one, any increase in compensation for any officer  or
     9  employee  appointed  to a lower graded position from a redeployment list
    10  pursuant to subdivision 1 of section 79 of the  civil  service  law  who
    11  continues  to receive his or her former salary pursuant to such subdivi-
    12  sion shall be determined on the basis  of  such  lower  graded  position
    13  provided, however, that the increases in salary provided in subdivisions
    14  two  and three of this section shall not cause such officer's or employ-
    15  ee's salary to exceed the job rate of such lower graded position.
    16    11. Notwithstanding any of the foregoing provisions of this section or
    17  any law to the contrary, any increase in compensation may be withheld in
    18  whole or in part from any  employee  to  whom  the  provisions  of  this
    19  section are applicable when, in the opinion of the director of the budg-
    20  et  and  the  director  of  employee  relations,  such  increase  is not
    21  warranted or is not appropriate for any reason.
    22    § 3. Location compensation for certain state officers and employees in
    23  collective   negotiating   units.   Notwithstanding   any   inconsistent
    24  provisions  of  law, officers and employees, including seasonal officers
    25  and employees who shall receive the compensation provided  for  pursuant
    26  to  this  section  on  a  pro-rated basis, except part-time officers and
    27  employees, in the collective negotiating unit  designated  as  the  rent
    28  regulation  services  negotiating unit, whose principal place of employ-
    29  ment or, in the case of a field  employee,  whose  official  station  as
    30  determined  in  accordance  with  the regulations of the comptroller, is
    31  located in the city of New York, or in the county of Rockland, Westches-
    32  ter, Nassau or Suffolk shall continue to receive a downstate  adjustment
    33  at  the  annual rate of three thousand twenty-six dollars. Such location
    34  payments shall be in addition to and shall not be a part of an officer's
    35  or employee's basic annual salary, and shall not affect  or  impair  any
    36  performance advancements or other rights or benefits to which an officer
    37  or  employee  may  be  entitled by law, provided, however, that location
    38  payments shall be included as compensation for purposes  of  computation
    39  of overtime pay and for retirement purposes.
    40    §  4.  Notwithstanding any inconsistent provision of law, where and to
    41  the extent that any agreement between the state and an  employee  organ-
    42  ization  entered into pursuant to article 14 of the civil service law so
    43  provides on behalf of  employees  in  the  collective  negotiating  unit
    44  designated  as  the rent regulation services negotiating unit, the state
    45  shall contribute an amount designated in  such  agreement  and  for  the
    46  period  covered  by  such  agreement  to  the accounts of such employees
    47  enrolled for dependent care deductions  pursuant  to  subdivision  7  of
    48  section 201-a of the state finance law. Such amounts shall be from funds
    49  appropriated  in  this  act and shall not be part of basic annual salary
    50  for overtime or retirement purposes.
    51    § 5. Notwithstanding any provision of law to the contrary, the  appro-
    52  priations  contained in this act shall be available to the state for the
    53  payment and publication of grievance  and  arbitration  settlements  and
    54  awards  pursuant  to  articles  31  and 33 of the collective negotiating
    55  agreement between the state and the employee  organization  representing

        A. 9771                            20

     1  the  collective  negotiating  unit  designated  as  the  rent regulation
     2  services negotiating unit.
     3    §  6.  During  the  period  April 2, 2021 through April 1, 2023, there
     4  shall be labor-management committees continued, administered and created
     5  pursuant to the terms of the agreement negotiated between the state  and
     6  an  employee organization representing employees in the collective nego-
     7  tiating unit designated as the rent regulation services negotiating unit
     8  established pursuant to article 14 of the civil service law which shall,
     9  after April 2, 2021, have the responsibility for discussing and attempt-
    10  ing to resolve matters of mutual concern and implementing any agreements
    11  reached.
    12    § 7. The  salary  increases,  benefit  modifications,  and  any  other
    13  modifications  to the terms and conditions of employment provided for by
    14  this act for state employees in the collective negotiating  unit  desig-
    15  nated  as  the  rent  regulations  services negotiating unit established
    16  pursuant to article 14 of the civil service law shall not be implemented
    17  until the director of employee relations shall  have  delivered  to  the
    18  director  of  the  budget  and  the comptroller a letter certifying that
    19  there is in effect with respect to such negotiating unit a  collectively
    20  negotiated  agreement,  ratified  by  the membership, which provides for
    21  such increases and modifications and which are fully executed in writing
    22  with the state pursuant to article 14 of the civil service law.
    23    § 8. Use of appropriations. The comptroller is authorized to  pay  any
    24  amounts  required during the fiscal year commencing April 1, 2022 by the
    25  foregoing provisions of this act for any state department or agency from
    26  any appropriation or other funds available to such state  department  or
    27  agency  for  personal  service  or  for  other related employee benefits
    28  during such fiscal year. To the extent that such appropriations  in  any
    29  fund  are  insufficient to accomplish the purposes herein set forth, the
    30  director of the budget is authorized to allocate to the various  depart-
    31  ments  and  agencies, from any appropriations available in any fund, the
    32  amounts necessary to pay such amounts.
    33    § 9. Effect of participation in special annuity program. No officer or
    34  employee participating in a special  annuity  program  pursuant  to  the
    35  provisions  of  article  8-C of the education law shall, by reason of an
    36  increase in compensation pursuant to this act, suffer any  reduction  of
    37  the  salary adjustment to which he or she would otherwise be entitled by
    38  reason of participation in such  program,  and  such  salary  adjustment
    39  shall  be  based  upon  the  salary  of such officer or employee without
    40  regard to the reduction authorized by such article.
    41    §  10.  Deferred  payment  of  salary  increase.  Notwithstanding  the
    42  provisions  of  any other section of this act, or any other law, pending
    43  payment pursuant to this act of the basic annual salaries of  incumbents
    44  of  positions  subject  to  this  act, such incumbents shall receive, as
    45  partial compensation for services rendered,  the  rate  of  compensation
    46  otherwise  payable in their respective positions. An incumbent holding a
    47  position subject to this act at any time during the period from April 1,
    48  2021, until the time when basic annual salaries are first paid  pursuant
    49  to  this  act  for  such services in excess of the compensation actually
    50  received therefor, shall be entitled to  a  lump  sum  payment  for  the
    51  difference  between  the  salary to which such incumbent is entitled for
    52  such services and the compensation actually received therefor. Such lump
    53  sum payment shall be made as soon as practicable.
    54    § 11. Notwithstanding any provision of the state finance  law  or  any
    55  other  provision  of  law  to the contrary, the sum of two million, four
    56  hundred thousand dollars ($2,400,000)  is  hereby  appropriated  in  the

        A. 9771                            21

     1  general  fund/state  purposes account (10050) in miscellaneous-all state
     2  departments and agencies solely for apportionment/transfer by the direc-
     3  tor of the budget for use by any state department or agency in any  fund
     4  for  the  fiscal  year beginning April 1, 2021 through March 31, 2023 to
     5  supplement appropriations for  personal  service,  other  than  personal
     6  service  and  fringe  benefits,  and to carry out the provisions of this
     7  act. No money shall be available for expenditure from this appropriation
     8  until a certificate of approval has been issued by the director  of  the
     9  budget  and a copy of such certificate or any amendment thereto has been
    10  filed with the state  comptroller,  the  chair  of  the  senate  finance
    11  committee  and  the  chair of the assembly ways and means committee. The
    12  monies hereby appropriated are available for payment of any  liabilities
    13  or  obligations  incurred  prior  to  or  during  the  state fiscal year
    14  commencing April 1, 2021 through March 31, 2023. For this purpose, these
    15  appropriations shall remain in full force and effect for the payment  of
    16  liabilities incurred on or before March 31, 2023.
    17    §  12.  Notwithstanding  any provision of the state finance law or any
    18  other provision of law to the contrary, the several amounts  as  herein-
    19  after  set  forth,  or  so  much thereof as may be necessary, are hereby
    20  appropriated from the fund so designated for use by any state department
    21  or agency for the fiscal year beginning April 1, 2021 through March  31,
    22  2023  to  supplement  appropriations from each respective fund available
    23  for personal service, other than personal service and  fringe  benefits,
    24  and to carry out the provisions of this act. The monies hereby appropri-
    25  ated  are  available  for  payment  of  any  liabilities  or obligations
    26  incurred prior to or during the state fiscal year  commencing  April  1,
    27  2021 through March 31, 2023. No money shall be available for expenditure
    28  from  this appropriation until a certificate of approval has been issued
    29  by the director of the budget and a copy  of  such  certificate  or  any
    30  amendment  thereto  has been filed with the state comptroller, the chair
    31  of the senate finance committee, and the chair of the assembly ways  and
    32  means committee.

    33                     ALL STATE DEPARTMENTS AND AGENCIES
    34                              SPECIAL PAY BILLS

    35  General Fund/State Operations
    36  State Purposes Account - 003
    37  Non-Personal Service

    38  Joint Committee on Health Benefits ............... $12,000
    39  Employee     Assistance    Program/Work-Life
    40    Services/Family Benefits ....................... $32,000
    41  Employee Development and Training ............... $158,000
    42  Statewide Performance Rating Committee ............ $3,000
    43  Time & Attendance Umpire Process Admin ............ $3,000
    44  Disciplinary Panel Administration ................. $3,000
    45  Contract Administration ........................... $3,000
    46  Employee Benefit Fund ........................... $705,000

    47    § 13. This act shall take effect immediately and shall  be  deemed  to
    48  have been in full force and effect on and after April 2, 2021. Appropri-
    49  ations  made  by  this  act  shall  remain  in full force and effect for
    50  liabilities incurred through March 31, 2023.
    51    --------------------------

        A. 9771                            22

     1    REPEAL NOTE: Subparagraphs 1, 2, 3, 4 and 5 of paragraph e of subdivi-
     2  sion 1 of section 130 of the civil service law are REPEALED by section 1
     3  of this act and are replaced with new subparagraphs 1 and 2.
     4    § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
     5  sion,  section  or  part  of  this act shall be adjudged by any court of
     6  competent jurisdiction to be invalid, such judgment  shall  not  affect,
     7  impair,  or  invalidate  the remainder thereof, but shall be confined in
     8  its operation to the clause, sentence, paragraph,  subdivision,  section
     9  or part thereof directly involved in the controversy in which such judg-
    10  ment shall have been rendered. It is hereby declared to be the intent of
    11  the  legislature  that  this  act  would  have been enacted even if such
    12  invalid provisions had not been included herein.
    13    § 3. This act shall take effect immediately, provided,  however,  that
    14  the  applicable effective dates of Parts A and B of this act shall be as
    15  specifically set forth in the last section of such Parts.
          FISCAL NOTE.--Pursuant to Legislative Law, Section 50:
          This bill would allow members of the New York State and  Local  Police
        and  Fire Retirement System (NYSLPFRS), represented by the Agency Police
        Services negotiating unit, to receive service credit for up to 200  days
        of  unused sick leave. Currently, the maximum is 165 days. This would be
        retroactive to include retirements on or after July 27, 2017.
          If this bill is enacted during the 2022 legislative session, we antic-
        ipate that there may occasionally be years where the annual  sick  leave
        rate  in the NYSLPFRS increases by 0.1% as a result of this legislation,
        but such years are expected to be rare.  Employees  represented  by  the
        Agency Police Services negotiating unit are members of the NYSLPFRS only
        so  there  will not be any increases in the sick leave rates for the New
        York State and Local Employees' Retirement System (NYSLERS) as a  result
        of this legislation.
          There  would  also  be  additional  administrative costs to review the
        retirements since July 27, 2017 and recalculate the  benefits  of  those
        affected.
          Summary of relevant resources:
          Membership  data as of March 31, 2021 was used in measuring the impact
        of the proposed change, the same data used in the April 1, 2021 actuari-
        al valuation. Distributions and other statistics can  be  found  in  the
        2021  Report  of the Actuary and the 2021 Comprehensive Annual Financial
        Report.
          The actuarial assumptions and methods used are described in  the  2020
        and  2021 Annual Report to the Comptroller on Actuarial Assumptions, and
        the Codes, Rules and Regulations of the State of  New  York:  Audit  and
        Control.
          The Market Assets and GASB Disclosures are found in the March 31, 2021
        New  York  State  and  Local  Retirement System Financial Statements and
        Supplementary Information.
          I am a member of the American Academy of Actuaries and meet the Quali-
        fication Standards to render the actuarial opinion contained herein.
          This fiscal note does not constitute a legal opinion on the  viability
        of  the  proposed change nor is it intended to serve as a substitute for
        the professional judgment of an attorney.
          This estimate, dated March 29, 2022, and intended for use only  during
        the  2022  Legislative  Session, is Fiscal Note No. 2022-95, prepared by
        the Actuary for the New York State and Local Retirement System.
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