STATE OF NEW YORK ________________________________________________________________________ 10653 IN ASSEMBLY June 10, 2016 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abbate) -- (at request of the Governor) -- read once and referred to the Commit- tee on Governmental Employees 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 Subparagraphs 1 and 2 of paragraph c of subdivision 1 of 2 section 130 of the civil service law are REPEALED and a new subparagraph 3 1 is added to read as follows: 4 (1) Effective March twenty-sixth, two thousand fifteen for officers 5 and employees on the administrative payroll and effective April second, 6 two thousand fifteen for officers and employees on the institutional 7 payroll: 8 PEF SALARY SCHEDULE 9 EFFECTIVE March 26, 2015 (ADMIN) 10 EFFECTIVE April 2, 2015 (INST) 11 HIRING JOB ADVANCE JOB RATE 12 SG RATE RATE AMOUNT ADVANCE 13 1 $21,968 $28,350 $912 $910 14 2 $22,801 $29,492 $956 $955 15 3 $23,917 $30,932 $1,003 $997 16 4 $24,990 $32,373 $1,052 $1,071 17 5 $26,174 $33,915 $1,107 $1,099 18 6 $27,577 $35,704 $1,161 $1,161 19 7 $29,125 $37,636 $1,209 $1,257 20 8 $30,729 $39,626 $1,251 $1,391 21 9 $32,441 $41,756 $1,297 $1,533 22 10 $34,281 $44,077 $1,354 $1,672 23 11 $36,246 $46,573 $1,443 $1,669 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12066-01-6A. 10653 2 1 12 $38,278 $49,041 $1,492 $1,811 2 13 $40,507 $51,830 $1,552 $2,011 3 14 $42,833 $54,678 $1,658 $1,897 4 15 $45,257 $57,697 $1,719 $2,126 5 16 $47,796 $60,834 $1,785 $2,328 6 17 $50,478 $64,260 $1,870 $2,562 7 18 $53,339 $67,827 $1,832 $3,496 8 19 $56,229 $71,412 $1,908 $3,735 9 20 $59,108 $74,986 $1,988 $3,950 10 21 $62,242 $78,922 $2,075 $4,230 11 22 $65,588 $83,044 $2,162 $4,484 12 23 $69,057 $87,351 $2,251 $4,788 13 24 $72,735 $91,821 $2,338 $5,058 14 25 $76,748 $96,732 $2,438 $5,356 15 26 $80,791 $99,585 $2,537 $3,572 16 27 $85,163 $104,895 $2,671 $3,706 17 28 $89,649 $110,105 $2,774 $3,812 18 29 $94,348 $115,551 $2,881 $3,917 19 30 $99,278 $121,223 $2,987 $4,023 20 31 $104,570 $127,297 $3,099 $4,133 21 32 $110,129 $133,587 $3,203 $4,240 22 33 $116,120 $140,316 $3,308 $4,348 23 34 $122,305 $147,305 $3,423 $4,462 24 35 $128,646 $154,417 $3,533 $4,573 25 36 $135,112 $161,732 $3,655 $4,690 26 37 $142,203 $169,620 $3,768 $4,809 27 38 $132,669 28 § 2. Compensation for certain state officers and employees in collec- 29 tive negotiating units. 1. The provisions of this section shall apply to 30 full-time officers and employees in the collective negotiating unit 31 designated as the professional, scientific and technical services unit 32 established pursuant to article 14 of the civil service law. 33 2. Effective March 26, 2015 for officers and employees on the adminis- 34 trative payroll and effective April 2, 2015 for officers and employees 35 on the institutional payroll, the basic annual salary of officers and 36 employees in full-time employment status on the day before such payroll 37 period shall be increased by two percent adjusted to the nearest whole 38 dollar amount. 39 3. Notwithstanding the provisions of subdivision two of this section, 40 if the basic annual salary of an officer or employee to whom the 41 provisions of this section apply is identical with the hiring rate or 42 the job rate of the salary grade of his or her position on the effective 43 date of the increase provided in this subdivision, such basic annual 44 salary shall be increased to the hiring rate or job rate, respectively, 45 of such salary grade as contained in the appropriate salary schedule in 46 subparagraph 1 of paragraph c of subdivision 1 of section 130 of the 47 civil service law, as added by section one of this act, to take effect 48 on the dates provided in such subparagraph. Except as herein provided 49 to the contrary, the increase in basic annual salary provided by this 50 subdivision shall be in lieu of any increase in basic annual salary 51 provided for in subdivision two of this section. 52 4. Payments pursuant to the provisions of subdivision 6 of section 131 53 of the civil service law for annual salaried officers and employees 54 entitled to such payments to whom the provisions of this section apply 55 shall be payable in accordance with the terms of an agreement reached 56 pursuant to article 14 of the civil service law between the state and anA. 10653 3 1 employee organization representing employees subject to the provisions 2 of this section. 3 5. If an unencumbered position is one which if encumbered, would be 4 subject to the provisions of this section, the salary of such position 5 shall be increased by the salary increase amounts specified in this 6 section. If a position is created, and filled by the appointment of an 7 officer or employee who is subject to the provisions of this section, 8 the salary otherwise provided for such position shall be increased in 9 the same manner as though such position had been in existence but unen- 10 cumbered. Notwithstanding the provisions of this section, the director 11 of the budget may reduce the salary of any such position which is or 12 becomes vacant. 13 6. The increase in salary provided in subdivision two of this section 14 shall apply on a prorated basis to officers and employees, otherwise 15 eligible to receive an increase in salary, who are paid on an hourly or 16 per diem basis, employees serving on a part-time or seasonal basis, and 17 employees paid on any basis other than at an annual salary rate. 18 Notwithstanding the foregoing, the provisions of subdivisions three and 19 four of this section shall not apply to employees serving on an hourly, 20 per diem, or seasonal basis, except as determined by the director of the 21 budget. 22 7. In order to provide for the officers and employees to whom this 23 section applies but are not allocated to salary grades, but are paid on 24 an annual basis, increases and payments pursuant to subdivisions 4 and 25 11 of this section in proportion to those provided to persons to whom 26 this section applies who are allocated to salary grades, the director of 27 the budget is authorized to add appropriate adjustments and/or payments 28 to the compensation which such officers and employees are otherwise 29 entitled to receive. The director of the budget shall issue certificates 30 which shall contain schedules of positions and the salaries and/or 31 payments thereof for which adjustments and/or payments are made pursuant 32 to the provisions of this subdivision, and a copy of each such certif- 33 icate shall be filed with the state comptroller, the department of civil 34 service, the chair of the senate finance committee and the chair of the 35 assembly ways and means committee. 36 8. Notwithstanding any other provision of this section, the provisions 37 of this section shall not apply to officers or employees paid on a fee 38 schedule basis, provided however, that the increase in basic annual 39 salary provided for in subdivision two of this section shall apply to 40 fire instructors paid on a fee schedule basis employed by the division 41 of homeland security and emergency services. 42 9. Notwithstanding any other provision of this section, except subdi- 43 vision one, any increase in compensation for any officer or employee 44 appointed to a lower graded position from a redeployment list pursuant 45 to subdivision 1 of section 79 of the civil service law who continues to 46 receive his or her former salary pursuant to such subdivision shall be 47 determined on the basis of such lower graded position provided, however, 48 that the increase in salary provided in this section shall not cause 49 such officer's or employee's salary to exceed the job rate of such lower 50 graded position. 51 10. Notwithstanding any other provision of this section or any law to 52 the contrary, any increase in compensation may be withheld in whole or 53 in part from any employee to whom the provisions of this section are 54 applicable when, in the opinion of the director of the budget and the 55 director of employee relations, such increase is not warranted or is not 56 appropriate for any reason.A. 10653 4 1 11. Notwithstanding any law, rule or regulation to the contrary, offi- 2 cers and employees to whom the provisions of this section apply shall 3 receive performance awards in accordance with the terms of a collective- 4 ly negotiated agreement between the state and the employee organization 5 representing such employees entered into pursuant to article 14 of the 6 civil service law, effective for the period commencing April 2, 2015 and 7 ending April 1, 2016, in accordance with the rules and regulations 8 issued by the director of the budget to implement payment of such nego- 9 tiated performance awards. 10 § 3. Location compensation for certain state officers and employees. 11 Notwithstanding any inconsistent provisions of law, officers and employ- 12 ees, including seasonal officers and employees who shall receive the 13 compensation provided for pursuant to this section on a pro-rated basis 14 except part-time officers and employees, in the collective negotiating 15 unit designated as the professional, scientific and technical services 16 unit established pursuant to article 14 of the civil service law, whose 17 principal place of employment or, in the case of a field employee, whose 18 official station as determined in accordance with the regulations of the 19 comptroller, is located: 1. in the county of Monroe and who were eligi- 20 ble to receive location pay on March 31, 1985, shall receive location 21 pay at the rate of two hundred dollars per year provided they continue 22 to be otherwise eligible; or 2. in the city of New York, or in the coun- 23 ty of Rockland, Westchester, Nassau or Suffolk shall continue to receive 24 a downstate adjustment at the annual rate of three thousand twenty-six 25 dollars effective April 1, 2011; or 3. in the county of Dutchess, Putnam 26 or Orange shall continue to receive a mid-Hudson adjustment at the annu- 27 al rate of one thousand five hundred thirteen dollars effective April 1, 28 2011. Such location payments shall be in addition to and shall not be a 29 part of an officer's or employee's basic annual salary, and shall not 30 affect or impair any performance advancements or other rights or bene- 31 fits to which an officer or employee may be entitled by law, provided, 32 however, that location payments shall be included as compensation for 33 purposes of computation of overtime pay and for retirement purposes. For 34 the sole purpose of continuing eligibility for location pay in Monroe 35 county, an officer or employee previously eligible to receive location 36 pay on March 31, 1985 who is on an approved leave of absence or partic- 37 ipates in an employer program to reduce to part-time service during 38 summer months shall continue to be eligible for said location pay upon 39 return to full-time state service in Monroe county. 40 § 4. Continuation of location compensation for certain officers and 41 employees of the Hudson Valley developmental disabilities services 42 office. 1. Notwithstanding any law, rule or regulation to the contrary, 43 any officer or employee of the Hudson Valley developmental disabilities 44 services office represented in the collective negotiating unit desig- 45 nated as the professional, scientific and technical services unit, who 46 is receiving location pay pursuant to section 5 of chapter 174 of the 47 laws of 1993 shall continue to receive such location pay under the 48 conditions and at the rate specified by such section. 49 2. Notwithstanding any law, rule or regulation to the contrary, any 50 officer or employee of the Hudson Valley developmental disabilities 51 services office represented in the collective negotiating unit desig- 52 nated as the professional, scientific and technical services unit, who 53 is receiving location pay pursuant to subdivision 2 of section 9 of 54 chapter 315 of the laws of 1995 shall continue to receive such location 55 pay under the conditions and at the rates specified by such subdivision.A. 10653 5 1 3. Notwithstanding section three of this act or any other law, rule or 2 regulation to the contrary, any officer or employee of the Hudson Valley 3 developmental disabilities services office represented in the collective 4 negotiating unit designated as the professional, scientific and techni- 5 cal services unit, who is receiving location pay pursuant to section 6 three of this act shall continue to be eligible for such location pay if 7 as the result of a reduction or redeployment of staff, such officer or 8 employee is reassigned to or otherwise appointed or promoted to a 9 different position at another work location within the Hudson Valley 10 developmental disabilities services office. The rate of such continued 11 location pay shall not exceed the rate such officer or employee is 12 receiving on the date of such reassignment, appointment or promotion. 13 § 5. Special assignment to duty pay. Notwithstanding any inconsistent 14 provisions of law, effective April 2, 2015, where and to the extent 15 that, an agreement between the state and an employee organization 16 entered into pursuant to article 14 of the civil service law so 17 provides, a special assignment to duty lump sum shall be paid each year 18 to an employee who is serving in a particular assignment deemed quali- 19 fied pursuant to such agreement. Such payment shall be in an amount 20 negotiated for those employees assigned to qualifying work assignments 21 and who work such assignments for the minimum periods of time in a year 22 provided in the negotiated agreement. Assignment to duty pay shall not 23 be paid in any year an employee does not meet the minimum period of time 24 in such qualifying assignment required by the agreement or upon cessa- 25 tion of the assignment to duty program on April 1, 2016 unless an exten- 26 sion is negotiated by the parties. Such lump sum shall be considered 27 salary only for final average salary retirement purposes. 28 § 6. Long term seasonal employees. Notwithstanding any inconsistent 29 provisions of law, effective April 2, 2015, where and to the extent 30 that, an agreement between the state and an employee organization 31 entered into pursuant to article 14 of the civil service law so 32 provides, a lump sum shall be paid each year to an employee who is serv- 33 ing in a qualifying long term seasonal position. Such payment shall be 34 in an amount negotiated and pursuant to negotiated qualifying criteria 35 and shall be considered salary only for final average salary retirement 36 purposes. Such benefit shall be available until March 31, 2016. 37 § 7. Notwithstanding any inconsistent provisions of law, where and to 38 the extent that an agreement between the state and an employee organiza- 39 tion entered into pursuant to article 14 of the civil service law so 40 provides on behalf of employees in the collective negotiating unit 41 designated as the professional, scientific and technical services unit 42 established pursuant to article 14 of the civil service law, the state 43 shall contribute an amount designated in such agreement and for the 44 period covered by such agreement to the accounts of such employees 45 enrolled for dependent care deductions pursuant to subdivision 7 of 46 section 201-a of the state finance law. Such amounts shall be from funds 47 appropriated in this act and shall not be part of basic annual salary 48 for overtime or retirement purposes. 49 § 8. Notwithstanding any provision of law to the contrary, the appro- 50 priations contained in this act shall be available to the state for the 51 payment and publication of grievance and arbitration settlements and 52 awards pursuant to articles 33 and 34 of the collective negotiating 53 agreement between the state and the employee organization representing 54 the collective negotiating unit designated as the professional, scien- 55 tific and technical services unit established pursuant to article 14 of 56 the civil service law.A. 10653 6 1 § 9. During the period April 2, 2015 through April 1, 2016, there 2 shall be a statewide labor-management committee continued and adminis- 3 tered pursuant to the terms of the agreement negotiated between the 4 state and an employee organization representing employees in the collec- 5 tive negotiating unit designated as the professional, scientific and 6 technical services unit established pursuant to article 14 of the civil 7 service law which shall after April 2, 2015, have the responsibility of 8 studying, making recommendations concerning the major issues of produc- 9 tivity, the quality of work life and implementing the agreements 10 reached. 11 § 10. Inconvenience pay program. Pursuant to chapter 333 of the laws 12 of 1969, as amended, and an agreement negotiated between the state and 13 an employee organization representing employees in the professional, 14 scientific and technical services unit established pursuant to article 15 14 of the civil service law, an eligible employee shall continue to be 16 paid five hundred seventy-five dollars per year for working four or more 17 hours between the hours of 6:00 p.m. and 6:00 a.m. effective April 2, 18 2011. 19 § 11. Notwithstanding any provision of law to the contrary, effective 20 April 2, 2015, where and to the extent that an agreement between the 21 state and an employee organization so provides for a pilot program 22 concerning a firearms training and safety incentive for peace officers 23 in the professional, scientific and technical services bargaining unit, 24 a lump sum payment for such incentive shall be paid for each year of 25 such pilot program to any employee who is deemed qualified pursuant to 26 such agreement. Such payment shall be in an amount negotiated for those 27 employees who meet criteria established by such pilot program. Such 28 payment shall occur at the time prescribed by such pilot program or as 29 soon as practicable thereafter. Such lump sum payment shall not be paid 30 in any year an employee does not meet the qualifications and criteria of 31 such pilot program or upon cessation of such pilot program on April 1, 32 2016 unless an extension is negotiated by the parties. Such lump sum 33 payment shall be considered salary for overtime purposes. 34 § 12. Notwithstanding any provision of law to the contrary, effective 35 April 2, 2015, where and to the extent that an agreement between the 36 state and an employee organization entered into pursuant to article 14 37 of the civil service law so provides on behalf of certain employees in 38 the collective negotiating unit designated as the professional, scien- 39 tific and technical services unit, and where there exists a policy 40 requiring employees in the fire protection specialist title series at 41 the office of fire prevention and control to wear uniforms, a lump sum 42 uniform allowance shall be paid to covered employees in accordance with 43 the terms of such agreement and policy. Such payments shall be in an 44 amount negotiated for covered employees and shall not be paid in any 45 year where a policy does not exist requiring uniforms in accordance with 46 the terms of the agreement or where an employee is not required to wear 47 a uniform or receives a regular uniform service. Such uniform allowance 48 will cease to exist on April 1, 2016, unless an extension is negotiated 49 by the parties. Such lump sum shall be considered salary only for final 50 average salary purposes. 51 § 13. The salary increases and benefit modifications provided for by 52 this act for state employees in the collective negotiating unit desig- 53 nated as the professional, scientific and technical services unit estab- 54 lished pursuant to article 14 of the civil service law shall not be 55 implemented until the director of employee relations shall have deliv- 56 ered to the director of the budget and the comptroller a letter certify-A. 10653 7 1 ing that there is in effect with respect to such negotiating unit a 2 collectively negotiated agreement, ratified by the membership, which 3 provides for such increases and modifications and which are fully 4 executed in writing with the state pursuant to article 14 of the civil 5 service law. 6 § 14. Date of entitlement to salary increase. Notwithstanding the 7 provisions of this act or of any other provision of law to the contrary, 8 the increase in salary or compensation to employees provided by this act 9 shall be added to the salary of such employee at the beginning of that 10 payroll period, the first day of which is nearest to the effective date 11 of such increase as provided in this act, or at the beginning of the 12 earlier of two payroll periods, the first days of which are nearest but 13 equally near to the effective date of such increase as provided in this 14 act; provided, however, that, for the purposes of determining the salary 15 of such unit members upon reclassification, reallocation, appointment, 16 promotion, transfer, demotion, reinstatement, or other change of status, 17 such salary increase shall be deemed to be effective on the date thereof 18 as prescribed by this act, with payment thereof pursuant to this section 19 on a date prior thereto, instead of on such effective date, and shall 20 not operate to confer any additional salary rights or benefits on such 21 unit members. Payment of such salary increase may be deferred pursuant 22 to section fifteen of this act. 23 § 15. Deferred payment of salary increase. Notwithstanding the 24 provisions of any other section of this act or any other provision of 25 law to the contrary, pending payment pursuant to this act of the basic 26 annual salaries of incumbents of positions subject to this act, such 27 incumbents shall receive, as partial compensation for services rendered, 28 the rate of salary and other compensation otherwise payable in their 29 respective positions. An incumbent holding a position subject to this 30 act at any time during the period from April 1, 2015, until the time 31 when basic annual salaries and other compensation due are first paid 32 pursuant to this act for such services in excess of the salary and other 33 compensation actually received therefor, shall be entitled to a lump sum 34 payment for the difference between the salary and other compensation to 35 which such incumbent is entitled for such services and the salary and 36 other compensation actually received pursuant to the terms of an agree- 37 ment between the state and the employee organization representing the 38 employees covered by this act. 39 § 16. Use of appropriations. The comptroller is authorized to pay any 40 amounts required during the fiscal year commencing April 1, 2016 by the 41 foregoing provisions of this act for any state department or agency from 42 any appropriation or other funds available to such state department or 43 agency for personal service or for other related employee benefits 44 during such fiscal year. To the extent that such appropriations in any 45 fund are insufficient to accomplish the purposes herein set forth, the 46 director of the budget is authorized to allocate to the various depart- 47 ments and agencies, from any appropriations available in any fund, the 48 amounts necessary to pay such amounts. 49 § 17. Effect of participation in special annuity program. No officer 50 or employee participating in a special annuity program pursuant to the 51 provisions of article 8-c of the education law shall, by reason of an 52 increase in compensation pursuant to this act, suffer any reduction of 53 the salary adjustment to which he or she would otherwise be entitled by 54 reason of participation in such program, and such salary adjustment 55 shall be based upon the salary of such officer or employee without 56 regard to the reduction authorized by such article.A. 10653 8 1 § 18. Notwithstanding any provision of the state finance law or any 2 other provision of law to the contrary, the sum of two hundred seven 3 million dollars ($207,000,000) is hereby appropriated in the general 4 fund/state purposes account (10050) in miscellaneous-all state depart- 5 ments and agencies solely for apportionment/transfer by the director of 6 the budget for use by any state department or agency in any fund for the 7 fiscal year beginning April 1, 2016 to supplement appropriations for 8 personal service, other than personal service and fringe benefits, and 9 to carry out the provisions of this act. The monies hereby appropriated 10 are available for payment of any liabilities or obligations incurred 11 prior to or during the state fiscal year commencing April 1, 2016. For 12 this purpose, these appropriations shall remain in full force and effect 13 for the payment of liabilities incurred on or before March 31, 2017. 14 § 19. The several amounts as hereinafter set forth, or so much thereof 15 as may be necessary, are hereby appropriated for the fiscal year begin- 16 ning April 1, 2016 to supplement appropriations available for personal 17 service, other than personal service and fringe benefits, and to carry 18 out the provisions of this act. Moreover, the amounts appropriated as 19 non-personal service may be suballocated/transferred to any state 20 department or agency as needed. The monies hereby appropriated are 21 available for payment of any liabilities or obligations incurred prior 22 to or during the state fiscal year commencing April 1, 2016. For this 23 purpose, these appropriations shall remain in full force and effect for 24 the payment of liabilities incurred on or before March 31, 2017. 25 MISCELLANEOUS - - ALL STATE DEPARTMENTS AND AGENCIES 26 LABOR MANAGEMENT COMMITTEES 27 STATE OPERATIONS 2016-17 28 General Fund / State Operations 29 State Purposes Account - 10050 30 Professional, Scientific and Technical 31 Services Unit 32 Professional development and quality of 33 working life committee ......................... 560,000 34 Health and Safety ................................ 727,000 35 PSPT Program ................................... 5,943,000 36 Joint Funded Programs .......................... 1,036,000 37 Multi-Funded Programs .......................... 1,013,000 38 Professional Development for Nurses .............. 528,000 39 Property Damage ................................... 22,000 40 Family Benefits ................................ 1,990,000 41 Employee Assistance Program ...................... 450,000 42 Joint Committee on Health Benefits ............... 528,000 43 § 20. This act shall take effect immediately and shall be deemed to 44 have been in full force and effect on and after April 2, 2015. Appropri- 45 ations made by this act shall remain in full force and effect for 46 liabilities incurred through March 31, 2017. REPEAL NOTE.--Subparagraphs 1 and 2 of paragraph c of subdivision 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 a revised salary schedule in new subparagraph 1.