Bill Text: NY A09831 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to compensation, benefits and other terms and conditions of employment of certain state officers and employees; repealer.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2012-04-25 - substituted by s6960 [A09831 Detail]
Download: New_York-2011-A09831-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6960 A. 9831 S E N A T E - A S S E M B L Y April 16, 2012 ___________ IN SENATE -- Introduced by Sen. ROBACH -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules IN ASSEMBLY -- 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, in relation to compensation, benefits and other terms and conditions of employment of certain state officers and employees; to implement agreements between the state and an employee organization; making an appropriation for the purpose of effectuating certain provisions thereof; and to repeal certain provisions of the civil service law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subparagraphs 1, 2, 3 and 4 of paragraph c of subdivision 1 2 of section 130 of the civil service law are REPEALED and two new subpar- 3 agraphs 1 and 2 are added to read as follows: 4 (1) EFFECTIVE APRIL FIRST, TWO THOUSAND TEN FOR OFFICERS AND EMPLOYEES 5 ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH TWENTY-FIFTH, TWO 6 THOUSAND TEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL PAYROLL: 7 PEF SALARY SCHEDULE 8 EFFECTIVE APRIL 1, 2010 (ADMIN) 9 EFFECTIVE MARCH 25, 2010 (INST) 10 HIRING JOB ADVANCE JOB RATE 11 SG RATE RATE AMOUNT ADVANCE 12 1 $21,115 $27,249 $877 $877 13 2 $21,916 $28,343 $919 $919 14 3 $22,988 $29,730 $964 $964 15 4 $24,020 $31,115 $1,011 $1,033 16 5 $25,158 $32,602 $1,064 $1,064 17 6 $26,506 $34,317 $1,116 $1,116 18 7 $27,994 $36,173 $1,162 $1,212 19 8 $29,535 $38,089 $1,203 $1,339 20 9 $31,181 $40,136 $1,247 $1,477 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12120-03-2 S. 6960 2 A. 9831 1 10 $32,950 $42,368 $1,302 $1,610 2 11 $34,838 $44,762 $1,387 $1,608 3 12 $36,791 $47,138 $1,434 $1,745 4 13 $38,934 $49,821 $1,491 $1,941 5 14 $41,170 $52,552 $1,594 $1,824 6 15 $43,500 $55,455 $1,652 $2,045 7 16 $45,940 $58,468 $1,715 $2,238 8 17 $48,518 $61,763 $1,797 $2,466 9 18 $51,268 $65,190 $1,761 $3,362 10 19 $54,045 $68,637 $1,834 $3,594 11 20 $56,813 $72,076 $1,910 $3,803 12 21 $59,825 $75,862 $1,994 $4,074 13 22 $63,041 $79,819 $2,078 $4,316 14 23 $66,375 $83,954 $2,164 $4,599 15 24 $69,911 $88,256 $2,247 $4,865 16 25 $73,768 $92,974 $2,343 $5,150 17 26 $77,654 $95,718 $2,438 $3,438 18 27 $81,856 $100,822 $2,567 $3,567 19 28 $86,168 $105,829 $2,666 $3,666 20 29 $90,684 $111,064 $2,769 $3,769 21 30 $95,423 $116,516 $2,871 $3,871 22 31 $100,510 $122,354 $2,978 $3,978 23 32 $105,853 $128,400 $3,079 $4,079 24 33 $111,611 $134,868 $3,180 $4,180 25 34 $117,556 $141,585 $3,290 $4,290 26 35 $123,651 $148,421 $3,396 $4,396 27 36 $129,866 $155,451 $3,513 $4,513 28 37 $136,681 $163,033 $3,622 $4,622 29 38 $127,518 30 (2) EFFECTIVE MARCH TWENTY-SEVEN, TWO THOUSAND FOURTEEN FOR OFFICERS 31 AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE APRIL THREE, 32 TWO THOUSAND FOURTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL 33 PAYROLL: 34 PEF SALARY SCHEDULE 35 EFFECTIVE MARCH 27, 2014 (ADMIN) 36 EFFECTIVE APRIL 3, 2014 (INST) 37 HIRING JOB ADVANCE JOB RATE 38 SG RATE RATE AMOUNT ADVANCE 39 1 $21,537 $27,795 $894 $895 40 2 $22,354 $28,913 $937 $940 41 3 $23,448 $30,323 $983 $981 42 4 $24,500 $31,735 $1,031 $1,051 43 5 $25,661 $33,253 $1,085 $1,084 44 6 $27,036 $35,005 $1,139 $1,141 45 7 $28,554 $36,899 $1,185 $1,239 46 8 $30,126 $38,848 $1,227 $1,363 47 9 $31,805 $40,936 $1,272 $1,504 48 10 $33,609 $43,212 $1,328 $1,639 49 11 $35,535 $45,660 $1,414 $1,642 50 12 $37,527 $48,078 $1,463 $1,777 51 13 $39,713 $50,814 $1,521 $1,977 52 14 $41,993 $53,606 $1,625 $1,863 53 15 $44,370 $56,567 $1,685 $2,089 54 16 $46,859 $59,638 $1,750 $2,284 55 17 $49,488 $63,001 $1,833 $2,518 56 18 $52,293 $66,494 $1,796 $3,429 S. 6960 3 A. 9831 1 19 $55,126 $70,013 $1,870 $3,668 2 20 $57,949 $73,519 $1,949 $3,881 3 21 $61,022 $77,376 $2,034 $4,152 4 22 $64,302 $81,415 $2,119 $4,401 5 23 $67,703 $85,635 $2,207 $4,693 6 24 $71,309 $90,020 $2,292 $4,961 7 25 $75,243 $94,834 $2,390 $5,254 8 26 $79,207 $97,632 $2,487 $3,507 9 27 $83,493 $102,838 $2,618 $3,638 10 28 $87,891 $107,946 $2,720 $3,740 11 29 $92,498 $113,285 $2,824 $3,844 12 30 $97,331 $118,846 $2,928 $3,948 13 31 $102,520 $124,801 $3,038 $4,058 14 32 $107,970 $130,968 $3,140 $4,160 15 33 $113,843 $137,565 $3,244 $4,264 16 34 $119,907 $144,417 $3,356 $4,376 17 35 $126,124 $151,389 $3,464 $4,484 18 36 $132,463 $158,561 $3,583 $4,603 19 37 $139,415 $166,294 $3,695 $4,715 20 38 $130,068 21 S 2. Paragraph (d) of subdivision 6 of section 131 of the civil 22 service law is REPEALED. 23 S 3. Compensation for certain state officers and employees in collec- 24 tive negotiating units. 1. The provisions of this section shall apply 25 to full-time officers and employees in the collective negotiating unit 26 designated as the professional, scientific and technical services unit 27 established pursuant to article 14 of the civil service law. 28 2. Effective March 27, 2014 for officers and employees on the adminis- 29 trative payroll and effective April 3, 2014 for officers and employees 30 on the institutional payroll, the basic annual salary of officers and 31 employees in full-time employment status on the day before such payroll 32 period shall be increased by two percent adjusted to the nearest whole 33 dollar amount. 34 3. Notwithstanding the provisions of subdivision two of this section, 35 if the basic annual salary of an officer or employee to whom the 36 provisions of this section apply is identical with the hiring rate or 37 the job rate of the salary grade of his or her position on the effective 38 date of the increase provided in this subdivision, such basic annual 39 salary shall be increased to the hiring rate or job rate, respectively, 40 of such salary grade as contained in the appropriate salary schedule in 41 subparagraph 2 of paragraph c of subdivision 1 of section 130 of the 42 civil service law, as added by section one of this act, to take effect 43 on the dates provided in subparagraph 2. Except as herein provided to 44 the contrary, the increase in basic annual salary provided by this 45 subdivision shall be in lieu of any increase in basic annual salary 46 provided for in subdivision two of this section. 47 4. Payments pursuant to the provisions of subdivision 6 of section 131 48 of the civil service law for annual salaried officers and employees 49 entitled to such payments to whom the provisions of this section apply 50 shall be payable in accordance with the terms of an agreement reached 51 pursuant to article 14 of the civil service law between the state and an 52 employee organization representing employees subject to the provisions 53 of this section. 54 5. If an unencumbered position is one which if encumbered, would be 55 subject to the provisions of this section, the salary of such position 56 shall be increased by the salary increase amounts specified in this S. 6960 4 A. 9831 1 section. If a position is created, and filled by the appointment of an 2 officer or employee who is subject to the provisions of this section, 3 the salary otherwise provided for such position shall be increased in 4 the same manner as though such position had been in existence but unen- 5 cumbered. Notwithstanding the provisions of this section, the director 6 of the budget may reduce the salary of any such position which is or 7 becomes vacant. 8 6. The increase in salary provided in subdivision two of this section 9 shall apply on a prorated basis to officers and employees, otherwise 10 eligible to receive an increase in salary, who are paid on an hourly or 11 per diem basis, employees serving on a part-time or seasonal basis, and 12 employees paid on any basis other than at an annual salary rate. 13 Notwithstanding the foregoing, the provisions of subdivision three and 14 four of this section shall not apply to employees serving on an hourly, 15 per diem, or seasonal basis, except as determined by the director of the 16 budget. 17 7. In order to provide for the officers and employees to whom this 18 section applies but are not allocated to salary grades, but are paid on 19 an annual basis, increases and payments pursuant to subdivisions 4 and 20 11 of this section in proportion to those provided to persons to whom 21 this section applies who are allocated to salary grades, the director of 22 the budget is authorized to add appropriate adjustments and/or payments 23 to the compensation which such officers and employees are otherwise 24 entitled to receive. The director of the budget shall issue certificates 25 which shall contain schedules of positions and the salaries and/or 26 payments thereof for which adjustments and/or payments are made pursuant 27 to the provisions of this subdivision, and a copy of each such certif- 28 icate shall be filed with the state comptroller, the department of civil 29 service, the chair of the senate finance committee and the chair of the 30 assembly ways and means committee. 31 8. Notwithstanding any other provision of this section, the provisions 32 of this section shall not apply to officers or employees paid on a fee 33 schedule basis, provided however, that the increase in basic annual 34 salary provided for in subdivision two of this section shall apply to 35 fire instructors paid on a fee schedule basis employed by the division 36 of homeland security and emergency services. 37 9. Notwithstanding any other provision of this section, except subdi- 38 vision one, any increase in compensation for any officer or employee 39 appointed to a lower graded position from a redeployment list pursuant 40 to subdivision 1 of section 79 of the civil service law who continues to 41 receive his or her former salary pursuant to such subdivision shall be 42 determined on the basis of such lower graded position provided, however, 43 that the increase in salary provided in this section shall not cause 44 such officer's or employee's salary to exceed the job rate of such lower 45 graded position. 46 10. Notwithstanding any other provision of this section or any law to 47 the contrary, any increase in compensation may be withheld in whole or 48 in part from any employee to whom the provisions of this section are 49 applicable when, in the opinion of the director of the budget and the 50 director of employee relations, such increase is not warranted or is not 51 appropriate for any reason. 52 11. Notwithstanding any law, rule or regulation to the contrary, offi- 53 cers and employees to whom the provisions of this section apply shall 54 receive performance awards in accordance with the terms of a collective- 55 ly negotiated agreement between the state and the employee organization 56 representing such employees entered into pursuant to article 14 of the S. 6960 5 A. 9831 1 civil service law, effective for the period commencing April 2, 2011 and 2 ending April 1, 2015, in accordance with the rules and regulations 3 issued by the director of the budget to implement payment of such nego- 4 tiated performance awards. 5 S 4. Location compensation for certain state officers and employees. 6 Notwithstanding any inconsistent provisions of law, officers and employ- 7 ees, including seasonal officers and employees who shall receive the 8 compensation provided for pursuant to this section on a pro-rated basis 9 except part-time officers and employees, in the collective negotiating 10 unit designated as the professional, scientific and technical services 11 unit established pursuant to article 14 of the civil service law, whose 12 principal place of employment or, in the case of a field employee, whose 13 official station as determined in accordance with the regulations of the 14 comptroller, is located: 1. in the county of Monroe and who were eligi- 15 ble to receive location pay on March 31, 1985, shall receive location 16 pay at the rate of two hundred dollars per year provided they continue 17 to be otherwise eligible; or 2. in the city of New York, or in the coun- 18 ty of Rockland, Westchester, Nassau or Suffolk shall continue to receive 19 a downstate adjustment at the annual rate of three thousand twenty-six 20 dollars effective April 1, 2011; or 3. in the county of Dutchess, Putnam 21 or Orange shall continue to receive a mid-Hudson adjustment at the annu- 22 al rate of one thousand five hundred thirteen dollars effective April 1, 23 2011. Such location payments shall be in addition to and shall not be a 24 part of an officer's or employee's basic annual salary, and shall not 25 affect or impair any performance advancements or other rights or bene- 26 fits to which an officer or employee may be entitled by law, provided, 27 however, that location payments shall be included as compensation for 28 purposes of computation of overtime pay and for retirement purposes. For 29 the sole purpose of continuing eligibility for location pay in Monroe 30 county, an officer or employee previously eligible to receive location 31 pay on March 31, 1985 who is on an approved leave of absence or partic- 32 ipates in an employer program to reduce to part-time service during 33 summer months shall continue to be eligible for said location pay upon 34 return to full-time state service in Monroe county. 35 S 5. Continuation of location compensation for certain officers and 36 employees of the Hudson Valley developmental disabilities services 37 office. 38 1. Notwithstanding any law, rule or regulation to the contrary, any 39 officer or employee of the Hudson Valley developmental disabilities 40 services office represented in the collective negotiating unit desig- 41 nated as the professional, scientific and technical services unit, who 42 is receiving location pay pursuant to section 5 of chapter 174 of the 43 laws of 1993 shall continue to receive such location pay under the 44 conditions and at the rate specified by such section. 45 2. Notwithstanding any law, rule or regulation to the contrary, any 46 officer or employee of the Hudson Valley developmental disabilities 47 services office represented in the collective negotiating unit desig- 48 nated as the professional, scientific and technical services unit, who 49 is receiving location pay pursuant to subdivision 2 of section 9 of 50 chapter 315 of the laws of 1995 shall continue to receive such location 51 pay under the conditions and at the rates specified by such subdivision. 52 3. Notwithstanding section four of this act or any other law, rule or 53 regulation to the contrary, any officer or employee of the Hudson Valley 54 developmental disabilities services office represented in the collective 55 negotiating unit designated as the professional, scientific and techni- 56 cal services unit, who is receiving location pay pursuant to section S. 6960 6 A. 9831 1 four of this act shall continue to be eligible for such location pay if 2 as the result of a reduction or redeployment of staff, such officer or 3 employee is reassigned to or otherwise appointed or promoted to a 4 different position at another work location within the Hudson Valley 5 developmental disabilities services office. The rate of such continued 6 location pay shall not exceed the rate such officer or employee is 7 receiving on the date of such reassignment, appointment or promotion. 8 S 6. Special assignment to duty pay. Notwithstanding any inconsistent 9 provisions of law, effective April 2, 2011, where and to the extent 10 that, an agreement between the state and an employee organization 11 entered into pursuant to article 14 of the civil service law so 12 provides, a special assignment to duty lump sum shall be paid each year 13 to an employee who is serving in a particular assignment deemed quali- 14 fied pursuant to such agreement. Such payment shall be in an amount 15 negotiated for those employees assigned to qualifying work assignments 16 and who work such assignments for the minimum periods of time in a year 17 provided in the negotiated agreement. Assignment to duty pay shall not 18 be paid in any year an employee does not meet the minimum period of time 19 in such qualifying assignment required by the agreement or upon cessa- 20 tion of the assignment to duty program on March 31, 2015 unless an 21 extension is negotiated by the parties. Such lump sum shall be consid- 22 ered salary only for final average salary retirement purposes. 23 S 7. Long term seasonal employees. Notwithstanding any inconsistent 24 provisions of law, effective April 2, 2011, where and to the extent 25 that, an agreement between the state and an employee organization 26 entered into pursuant to article 14 of the civil service law so 27 provides, a lump sum shall be paid each year to an employee who is serv- 28 ing in a qualifying long term seasonal position. Such payment shall be 29 in an amount negotiated and pursuant to negotiated qualifying criteria 30 and shall be considered salary only for final average salary retirement 31 purposes. Such benefit shall be available until March 31, 2015. 32 S 8. Notwithstanding any inconsistent provisions of law, where and to 33 the extent that any agreement between the state and an employee organ- 34 ization entered into pursuant to article 14 of the civil service law so 35 provides on behalf of employees in the collective negotiating unit 36 designated as the professional, scientific and technical services unit 37 established pursuant to article 14 of the civil service law, the state 38 shall contribute an amount designated in such agreement and for the 39 period covered by such agreement to the accounts of such employees 40 enrolled for dependent care deductions pursuant to subdivision 7 of 41 section 201-a of the state finance law. Such amounts shall be from funds 42 appropriated in this act and shall not be part of basic annual salary 43 for overtime or retirement purposes. 44 S 9. Notwithstanding any provision of law to the contrary, the appro- 45 priations contained in this act shall be available to the state for the 46 payment and publication of grievance and arbitration settlements and 47 awards pursuant to articles 33 and 34 of the collective negotiating 48 agreement between the state and the employee organization representing 49 the collective negotiating unit designated as the professional, scien- 50 tific and technical services unit established pursuant to article 14 of 51 the civil service law. 52 S 10. During the period April 2, 2011 through April 1, 2015, there 53 shall be a statewide labor-management committee continued and adminis- 54 tered pursuant to the terms of the agreement negotiated between the 55 state and an employee organization representing employees in the collec- 56 tive negotiating unit designated as the professional, scientific and S. 6960 7 A. 9831 1 technical services unit established pursuant to article 14 of the civil 2 service law which shall after April 2, 2011, have the responsibility of 3 studying, making recommendations concerning the major issues of produc- 4 tivity, the quality of work life and implementing the agreements 5 reached. 6 S 11. Inconvenience pay program. Pursuant to chapter 333 of the laws 7 of 1969, as amended, and an agreement negotiated between the state and 8 an employee organization representing employees in the professional, 9 scientific and technical services unit established pursuant to article 10 14 of the civil service law, an eligible employee shall continue to be 11 paid five hundred seventy-five dollars per year for working four or more 12 hours between the hours of 6:00 p.m. and 6:00 a.m. effective April 2, 13 2011. 14 S 12. Notwithstanding any provision of law to the contrary, effective 15 April 2, 2011, where and to the extent that an agreement between the 16 state and an employee organization so provides for a pilot program 17 concerning a firearms training and safety incentive for peace officers 18 in the professional, scientific and technical services bargaining unit, 19 a lump sum payment for such incentive shall be paid for each year of 20 such pilot program to any employee who is deemed qualified pursuant to 21 such agreement. Such payment shall be in an amount negotiated for those 22 employees who meet criteria established by such pilot program. Such 23 payment shall occur at the time prescribed by such pilot program or as 24 soon as practicable thereafter. Such lump sum payment shall not be paid 25 in any year an employee does not meet the qualifications and criteria of 26 such pilot program or upon cessation of such pilot program on April 1, 27 2015 unless an extension is negotiated by the parties. Such lump sum 28 payment shall be considered salary for overtime purposes. 29 S 13. Notwithstanding any provision of law to the contrary, effective 30 April 2, 2011, where and to the extent that an agreement between the 31 state and an employee organization entered into pursuant to article 14 32 of the civil service law so provides on behalf of certain employees in 33 the collective negotiating unit designated as the professional, scien- 34 tific and technical services unit, and where there exists a policy 35 requiring employees in the fire protection specialist title series at 36 the office of fire prevention and control to wear uniforms, a lump sum 37 uniform allowance shall be paid each year to covered employees in 38 accordance with the terms of such agreement and policy. Such payments 39 shall be in an amount negotiated for covered employees and shall not be 40 paid in any year where a policy does not exist requiring uniforms in 41 accordance with the terms of the agreement or where an employee is not 42 required to wear a uniform or receives a regular uniform service. Such 43 uniform allowance will cease to exist on April 1, 2015, unless an exten- 44 sion is negotiated by the parties. Such lump sum shall be considered 45 salary only for final average salary purposes. 46 S 14. The salary increases, salary deductions, salary reductions, 47 benefit modifications, and any other modifications to the terms and 48 conditions of employment provided for by this act for state employees in 49 the collective negotiating unit designated as the professional, scien- 50 tific and technical services unit established pursuant to article 14 of 51 the civil service law shall not be implemented until the director of 52 employee relations shall have delivered to the director of the budget 53 and the comptroller a letter certifying that there is in effect with 54 respect to such negotiating units collectively negotiated agreements, 55 ratified by the membership, which provide for such increases, S. 6960 8 A. 9831 1 deductions, reductions and modifications and which are fully executed in 2 writing with the state pursuant to article 14 of the civil service law. 3 S 15. Use of appropriations. The comptroller is authorized to pay any 4 amounts required during the fiscal year commencing April 1, 2011 by the 5 foregoing provisions of this act for any state department or agency from 6 any appropriation or other funds available to such state department or 7 agency for personal service or for other related employee benefits 8 during such fiscal year. To the extent that such appropriations in any 9 fund are insufficient to accomplish the purposes herein set forth, the 10 director of the budget is authorized to allocate to the various depart- 11 ments and agencies, from any appropriations available in any fund, the 12 amounts necessary to pay such amounts. 13 S 16. Effect of participation in special annuity program. No officer 14 or employee participating in a special annuity program pursuant to the 15 provisions of article 8-c of the education law shall, by reason of an 16 increase in compensation pursuant to this act, suffer any reduction of 17 the salary adjustment to which he or she would otherwise be entitled by 18 reason of participation in such program, and such salary adjustment 19 shall be based upon the salary of such officer or employee without 20 regard to the reduction authorized by such article. 21 S 17. The several amounts as hereinafter set forth, or so much thereof 22 as may be necessary, are hereby appropriated from the fund so designated 23 for use by any state department or agency for the fiscal year beginning 24 April 1, 2011 to supplement appropriations from each respective fund 25 available for personal service, other than personal service and fringe 26 benefits, and to carry out the provisions of this act. Moreover, the 27 amounts appropriated as non-personal service may be suballocated to any 28 state department or agency as needed. No money shall be available for 29 expenditure from this appropriation until a certificate of approval has 30 been issued by the director of the budget and a copy of such certificate 31 or any amendment thereto has been filed with the state comptroller, the 32 chairman of the senate finance committee and the chairman of the assem- 33 bly ways and means committee. 34 ALL STATE DEPARTMENT AND AGENCIES 35 SPECIAL PAY BILLS 36 General Fund / State Operations 37 State Purposes Account - 003 38 Nonpersonal Service 39 Professional development and quality of 40 working life committee ....................... 1,060,000 41 Health and Safety .............................. 1,376,000 42 PSPT Program ................................... 4,008,000 43 Joint Funded Programs .......................... 1,961,000 44 Multi-Funded Programs .......................... 1,919,000 45 Professional Development for Nurses .............. 500,000 46 Property Damage ................................... 41,000 47 Family Benefits ................................ 3,769,000 48 Employee Assistance Program ...................... 852,000 49 Joint Committee on Health Benefits ............... 500,000 50 PEF IT ......................................... 1,000,000 51 Contract administration .......................... 300,000 S. 6960 9 A. 9831 1 S 18. This act shall take effect immediately and shall be deemed to 2 have been in full force and effect on and after April 2, 2011. Appropri- 3 ations made by this act shall remain in full force and effect for 4 liabilities incurred through March 31, 2013. REPEAL NOTE.--Subparagraphs 1, 2, 3 and 4 of paragraph c of subdivi- sion 1 of section 130 of the civil service law, repealed by section one of this act, provided salary schedules for state employees in the professional, scientific and technical services unit and are replaced by revised salary schedules in new subparagraphs 1 and 2. Paragraph (d) of subdivision 6 of section 131 of the civil service law, repealed by section two of this act, provided employees holding positions allocated to Grade 18 or below the ability to advance to a merit step above the job rate in certain circumstances. The merit step was eliminated as of April 1, 2010.