Bill Text: NY S05178 | 2021-2022 | General Assembly | Introduced
Bill Title: Relates to compensation, benefits and other terms and conditions of employment of members of the agency police services unit; relates to the employee benefit fund for certain members of the agency police services unit; implements an agreement or interest arbitration award between the state and the employee organization representing the members of the agency police services unit; makes an appropriation for the purpose of effectuating certain provisions thereof.
Spectrum: Strong Partisan Bill (Democrat 11-1)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CIVIL SERVICE AND PENSIONS [S05178 Detail]
Download: New_York-2021-S05178-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5178 2021-2022 Regular Sessions IN SENATE February 25, 2021 ___________ Introduced by Sens. GOUNARDES, RYAN, MAYER -- (at request of the Gover- nor) -- read twice and ordered printed, and when printed to be commit- ted to the Committee on Civil Service and Pensions AN ACT to amend the civil service law, in relation to compensation, benefits and other terms and conditions of employment of members of the agency police services unit; to amend the state finance law, in relation to the employee benefit fund for certain members of the agen- cy police services unit; to implement an agreement or interest arbi- tration award between the state and the employee organization repres- enting the members of the agency police services unit; making an appropriation for the purpose of effectuating certain provisions ther- eof; and to repeal certain provisions of the civil service law relat- ing thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 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 Paragraph h of subdivision 1 of section 130 of the civil 2 service law is REPEALED and a new paragraph h is added to read as 3 follows: 4 h. Pursuant to the terms of an agreement entered into, or an interest 5 arbitration award issued, pursuant to article fourteen of the civil 6 service law between the state and an employee organization covering 7 members of the collective negotiating unit designated as the agency 8 police services unit, effective on the dates indicated, salary grades 9 for such unit members shall be as follows: 10 (1) Effective April first, two thousand fifteen: 11 Perf. Perf. Perf. Perf. Perf. Long 12 Ad- Ad- Ad- Ad- Ad- Max. 13 Hir- vance vance vance vance vance 10 Yr 15 Yr 20 Yr 25 Yr 14 ing Step Step Step Step Step Job Perf. Long Long Long Long 15 SG Rate 1 2 3 4 5 Rate Adv. Step Step Step Step EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12002-01-1S. 5178 2 1 1 28663 29671 30679 31687 32695 33703 34711 1008 36218 37724 40644 42151 2 2 29540 30602 31664 32726 33788 34850 35912 1062 37506 39101 42106 43703 3 3 30764 31872 32980 34088 35196 36304 37412 1108 39075 40737 43813 45477 4 4 31940 33110 34280 35450 36620 37790 38960 1170 40710 42461 45619 47366 5 5 33237 34465 35693 36921 38149 39377 40605 1228 42445 44285 47537 49377 6 6 34736 36027 37318 38609 39900 41191 42482 1291 44420 46358 49710 51649 7 7 36442 37787 39132 40477 41822 43167 44512 1345 46527 48541 51969 53984 8 8 38238 39635 41032 42429 43826 45223 46620 1397 48713 50806 54312 56408 9 9 40115 41572 43029 44486 45943 47400 48857 1457 51047 53237 56836 59023 10 10 42133 43666 45199 46732 48265 49798 51331 1533 53625 55919 59621 61916 11 11 44351 45946 47541 49136 50731 52326 53921 1595 56308 58695 62497 64886 12 12 46560 48225 49890 51555 53220 54885 56550 1665 59048 61546 65458 67956 13 13 49066 50804 52542 54280 56018 57756 59494 1738 62096 64698 68714 71316 14 14 51622 53445 55268 57091 58914 60737 62560 1823 65285 68011 72151 74879 15 15 54326 56222 58118 60014 61910 63806 65702 1896 68542 71381 75634 78473 16 16 57131 59111 61091 63071 65051 67031 69011 1980 71980 74949 79327 82293 17 17 60083 62169 64255 66341 68427 70513 72599 2086 75722 78845 83380 86504 18 18 63238 65428 67618 69808 71998 74188 76378 2190 79660 82943 87642 90927 19 19 66434 68722 71010 73298 75586 77874 80162 2288 83590 87018 91857 95285 20 20 69606 71996 74386 76776 79166 81556 83946 2390 87534 91123 96119 99707 21 21 73101 75594 78087 80580 83073 85566 88059 2493 91799 95540 100- 104- 22 687 426 23 22 76762 79403 82044 84685 87326 89967 92608 2641 96562 100- 105- 109- 24 515 880 835 25 23 80663 83378 86093 88808 91523 94238 96953 2715 101- 105- 110- 114- 26 027 101 585 659 27 24 84774 87590 90406 93222 96038 98854 101- 2816 105- 110- 115- 119- 28 670 892 114 751 973 29 25 89244 92182 95120 98058 100- 103- 106- 2938 111- 115- 121- 125- 30 996 934 872 276 681 494 896 31 (2) Effective April first, two thousand sixteen: 32 Perf. Perf. Perf. Perf. Perf. Long 33 Ad- Ad- Ad- Ad- Ad- Max. 34 Hir- vance vance vance vance vance 10 Yr 15 Yr 20 Yr 25 Yr 35 ing Step Step Step Step Step Job Perf. Long Long Long Long 36 SG Rate 1 2 3 4 5 Rate Adv. Step Step Step Step 37 1 29236 30264 31292 32320 33348 34376 35404 1028 36941 38477 41456 42993 38 2 30131 31214 32297 33380 34463 35546 36629 1083 38255 39882 42947 44576 39 3 31379 32509 33639 34769 35899 37029 38159 1130 39855 41551 44688 46385 40 4 32579 33772 34965 36158 37351 38544 39737 1193 41522 43308 46529 48311 41 5 33902 35155 36408 37661 38914 40167 41420 1253 43297 45174 48491 50367 42 6 35431 36748 38065 39382 40699 42016 43333 1317 45310 47287 50706 52683 43 7 37171 38543 39915 41287 42659 44031 45403 1372 47458 49513 53009 55064 44 8 39003 40428 41853 43278 44703 46128 47553 1425 49688 51823 55399 57537 45 9 40917 42403 43889 45375 46861 48347 49833 1486 52067 54301 57972 60202 46 10 42976 44540 46104 47668 49232 50796 52360 1564 54700 57040 60816 63157 47 11 45238 46865 48492 50119 51746 53373 55000 1627 57435 59869 63748 66184 48 12 47491 49189 50887 52585 54283 55981 57679 1698 60227 62775 66765 69313 49 13 50047 51820 53593 55366 57139 58912 60685 1773 63339 65993 70089 72743 50 14 52654 54514 56374 58234 60094 61954 63814 1860 66594 69374 73597 76379 51 15 55413 57347 59281 61215 63149 65083 67017 1934 69914 72810 77148 80043 52 16 58274 60294 62314 64334 66354 68374 70394 2020 73422 76451 80916 83942 53 17 61285 63413 65541 67669 69797 71925 74053 2128 77238 80424 85050 88236 54 18 64503 66737 68971 71205 73439 75673 77907 2234 81255 84603 89396 92747S. 5178 3 1 19 67763 70097 72431 74765 77099 79433 81767 2334 85264 88760 93696 97192 2 20 70998 73436 75874 78312 80750 83188 85626 2438 89286 92947 98042 101- 3 702 4 21 74563 77106 79649 82192 84735 87278 89821 2543 93636 97452 102- 106- 5 702 515 6 22 78297 80991 83685 86379 89073 91767 94461 2694 98494 102- 107- 112- 7 526 998 033 8 23 82276 85045 87814 90583 93352 96121 98890 2769 103- 107- 112- 116- 9 045 201 795 950 10 24 86469 89341 92213 95085 97957 100- 103- 2872 108- 112- 118- 122- 11 829 701 007 314 064 370 12 25 91029 94026 97023 100- 103- 106- 109- 2997 113- 117- 123- 128- 13 020 017 014 011 503 996 925 415 14 (3) Effective April first, two thousand seventeen: 15 Perf. Perf. Perf. Perf. Perf. Long 16 Ad- Ad- Ad- Ad- Ad- Max. 17 Hir- vance vance vance vance vance 10 Yr 15 Yr 20 Yr 25 Yr 18 ing Step Step Step Step Step Job Perf. Long Long Long Long 19 SG Rate 1 2 3 4 5 Rate Adv. Step Step Step Step 20 1 29821 30870 31919 32968 34017 35066 36115 1049 37683 39249 42288 43856 21 2 30734 31839 32944 34049 35154 36259 37364 1105 39023 40682 43808 45470 22 3 32007 33160 34313 35466 36619 37772 38925 1153 40655 42385 45585 47316 23 4 33231 34448 35665 36882 38099 39316 40533 1217 42354 44175 47461 49278 24 5 34580 35858 37136 38414 39692 40970 42248 1278 44163 46077 49460 51374 25 6 36140 37483 38826 40169 41512 42855 44198 1343 46215 48231 51718 53735 26 7 37914 39314 40714 42114 43514 44914 46314 1400 48410 50506 54072 56168 27 8 39783 41237 42691 44145 45599 47053 48507 1454 50685 52862 56510 58691 28 9 41735 43251 44767 46283 47799 49315 50831 1516 53110 55388 59133 61407 29 10 43836 45431 47026 48621 50216 51811 53406 1595 55793 58180 62031 64419 30 11 46143 47803 49463 51123 52783 54443 56103 1660 58587 61069 65026 67511 31 12 48441 50173 51905 53637 55369 57101 58833 1732 61432 64031 68101 70700 32 13 51048 52857 54666 56475 58284 60093 61902 1809 64609 67316 71494 74201 33 14 53707 55604 57501 59398 61295 63192 65089 1897 67925 70760 75068 77905 34 15 56521 58494 60467 62440 64413 66386 68359 1973 71314 74268 78693 81646 35 16 59439 61500 63561 65622 67683 69744 71805 2061 74894 77983 82537 85624 36 17 62511 64682 66853 69024 71195 73366 75537 2171 78786 82035 86754 90004 37 18 65793 68072 70351 72630 74909 77188 79467 2279 82882 86297 91186 94604 38 19 69118 71499 73880 76261 78642 81023 83404 2381 86971 90537 95572 99138 39 20 72418 74905 77392 79879 82366 84853 87340 2487 91073 94807 100- 103- 40 004 738 41 21 76054 78648 81242 83836 86430 89024 91618 2594 95509 99402 104- 108- 42 757 646 43 22 79863 82611 85359 88107 90855 93603 96351 2748 100- 104- 110- 114- 44 465 577 159 274 45 23 83922 86746 89570 92394 95218 98042 100- 2824 105- 109- 115- 119- 46 866 104 343 049 287 47 24 88198 91128 94058 96988 99918 102- 105- 2930 110- 114- 120- 124- 48 848 778 170 563 428 820 49 25 92850 95907 98964 102- 105- 108- 111- 3057 115- 120- 126- 130- 50 021 078 135 192 774 357 404 984 51 (4) Effective April first, two thousand eighteen: 52 Perf. Perf. Perf. Perf. Perf. LongS. 5178 4 1 Ad- Ad- Ad- Ad- Ad- Max. 2 Hir- vance vance vance vance vance 10 Yr 15 Yr 20 Yr 25 Yr 3 ing Step Step Step Step Step Job Perf. Long Long Long Long 4 SG Rate 1 2 3 4 5 Rate Adv. Step Step Step Step 5 1 30417 31487 32557 33627 34697 35767 36837 1070 38436 40034 43133 44733 6 2 31349 32476 33603 34730 35857 36984 38111 1127 39803 41495 44684 46379 7 3 32647 33823 34999 36175 37351 38527 39703 1176 41468 43232 46496 48262 8 4 33896 35137 36378 37619 38860 40101 41342 1241 43199 45057 48409 50262 9 5 35272 36576 37880 39184 40488 41792 43096 1304 45049 47002 50452 52405 10 6 36863 38233 39603 40973 42343 43713 45083 1370 47140 49197 52753 54811 11 7 38672 40100 41528 42956 44384 45812 47240 1428 49378 51516 55153 57291 12 8 40579 42062 43545 45028 46511 47994 49477 1483 51699 53919 57640 59865 13 9 42570 44116 45662 47208 48754 50300 51846 1546 54171 56494 60314 62634 14 10 44713 46340 47967 49594 51221 52848 54475 1627 56910 59344 63273 65708 15 11 47066 48759 50452 52145 53838 55531 57224 1693 59758 62289 66325 68860 16 12 49410 51177 52944 54711 56478 58245 60012 1767 62663 65314 69465 72116 17 13 52069 53914 55759 57604 59449 61294 63139 1845 65900 68661 72923 75684 18 14 54781 56716 58651 60586 62521 64456 66391 1935 69284 72175 76570 79463 19 15 57651 59664 61677 63690 65703 67716 69729 2013 72743 75756 80270 83282 20 16 60628 62730 64832 66934 69036 71138 73240 2102 76391 79542 84187 87335 21 17 63761 65976 68191 70406 72621 74836 77051 2215 80365 83679 88492 91807 22 18 67109 69434 71759 74084 76409 78734 81059 2325 84542 88026 93012 96499 23 19 70500 72929 75358 77787 80216 82645 85074 2429 88712 92350 97485 101- 24 123 25 20 73866 76403 78940 81477 84014 86551 89088 2537 92896 96704 102- 105- 26 005 814 27 21 77575 80221 82867 85513 88159 90805 93451 2646 97420 101- 106- 110- 28 391 853 820 29 22 81460 84263 87066 89869 92672 95475 98278 2803 102- 106- 112- 116- 30 474 669 362 559 31 23 85600 88481 91362 94243 97124 100- 102- 2881 107- 111- 117- 121- 32 005 886 209 533 353 675 33 24 89962 92951 95940 98929 101- 104- 107- 2989 112- 116- 122- 127- 34 918 907 896 376 857 839 319 35 25 94707 97825 100- 104- 107- 110- 113- 3118 118- 122- 128- 133- 36 943 061 179 297 415 089 763 931 603 37 § 2. Section 207-d of the state finance law, as added by chapter 114 38 ofthe laws of 2006, paragraph (b) of subdivision 1 as amended by chapter 39 3 of the laws of 2007 and subdivision 2 as amended by chapter 15 of the 40 laws of 2012, is amended to read as follows: 41 § 207-d. Employee benefit fund; agency [law enforcement] police 42 services unit. 1. As used in this section, unless otherwise expressly 43 stated: 44 (a) "Director" shall mean the director of employee relations. 45 (b) "Employee" shall mean any person serving on a full-time annual 46 salaried basis in the service of the state of New York who is appointed 47 to and serving in a position in the collective negotiating unit desig- 48 nated as the agency [law enforcement] police services unit and is a 49 police officer pursuant to subdivision thirty-four of section 1.20 of the 50 criminal procedure law [or a forest ranger 1 or a forest ranger 2]. 51 2. Where and to the extent that an agreement between the state and an 52 employee organization entered into pursuant to article fourteen of the 53 civil service law or an interest arbitration award issued pursuant to 54 subdivision four of section two hundred nine of the civil service law 55 between the state and an employee organization so provides on behalf of 56 employees in the collective negotiating unit designated as the agencyS. 5178 5 1 police services unit established pursuant to article fourteen of the 2 civil service law, and upon audit and warrant of the comptroller, the 3 director shall provide for the payment of moneys to such employee organ- 4 ization for the establishment and maintenance of an employee benefit fund 5 established by the employee organization for the employees in the negoti- 6 ating unit covered by the controlling provision of such agreement or 7 award providing for such employee benefit fund, such amount to be deter- 8 mined consistent with said agreement or award on the basis of the number 9 of full-time annual salaried employees, as determined by the comptroller, 10 [on the payroll on March first, two thousand eleven for payments to be11made on April first, two thousand eleven, on the payroll on March first,12two thousand twelve for payments to be made on April first, two thousand13twelve, on the payroll on March first, two thousand thirteen for payments14to be made on April first, two thousand thirteen, and on the payroll on15March first, two thousand fourteen for payments to be made on April16first, two thousand fourteen] on the payroll on March first, two thousand 17 fifteen for payments to be made on April first, two thousand fifteen, on 18 the payroll on March first, two thousand sixteen for payments to be made 19 on April first, two thousand sixteen, on the payroll on March first, two 20 thousand seventeen for payments to be made on April first, two thousand 21 seventeen, and on the payroll on March first, two thousand eighteen for 22 payments to be made on April first, two thousand eighteen. The amount, 23 which will be determined pursuant to this section, for employees who are 24 paid from special or administrative funds, other than the general fund or 25 the capital projects fund of the state, will be paid from the appropri- 26 ations as provided by law, in which case the comptroller will establish 27 procedures to ensure repayment from said special or administrative funds. 28 The director shall enter into an agreement with an employee organization 29 which sets forth the specific terms and conditions for the establishment 30 and administration of an employee benefit fund as a condition for the 31 transmittal of moneys pursuant to this section. 32 3. Such employee organization shall periodically as specified by the 33 director, supply a description of the benefits purchased or provided by 34 the employee benefit fund, the utilization experience of the benefit 35 fund, the amount disbursed for or the cost of such benefits and such 36 other information as may be requested by the director. 37 4. The employee organization shall report to the comptroller, in the 38 form and manner as he or she may direct, the amount it expended for the 39 purchase of or providing for such benefits for any period specified by 40 the comptroller. The comptroller is hereby authorized to audit the books 41 of the employee organization with respect to any moneys transmitted to it 42 pursuant to this section. 43 5. Neither the state nor any officer or employee of the state shall be 44 a party to any contract or agreement entered into by any employee organ- 45 ization providing for benefits purchased in whole or in part with moneys 46 transmitted to such employee organization pursuant to this section. No 47 benefit provided pursuant to such contracts or agreements shall be paya- 48 ble by the state and all such benefits shall be paid by the responsible 49 parties to such agreements or contracts pursuant to the terms and condi- 50 tions of such agreements or contracts. The employee organization shall be 51 a fiduciary with respect to the employee benefit fund established pursu- 52 ant to this section. 53 6. Nothing in this section shall be deemed to diminish, impair or 54 reduce any benefit otherwise payable to any employee established or 55 authorized by law, rule or regulation by reason of such employee's lackS. 5178 6 1 of eligibility to participate in any benefit program established by an 2 employee organization pursuant to this section. 3 7. In the event it is determined that the moneys transmitted to an 4 employee organization pursuant to this section is income for which 5 payroll deductions are required for income tax withholdings from the 6 salary or wages of employees pursuant to law, the comptroller shall 7 determine the amount of such withholdings required and deduct the amount 8 so required to be withheld from the salary or wages of the employees 9 concerned. 10 8. The employee organization shall indemnify the state for any claims 11 whatsoever paid by it arising from the establishment, administration or 12 discontinuation of any employee benefit provided pursuant to this 13 section, together with reasonable costs of litigation arising therefrom. 14 9. Insofar as the provisions of this section are inconsistent with the 15 provisions of any other law, general or special, the provisions of this 16 section shall be controlling. 17 § 3. Compensation for members of the collective negotiating unit desig- 18 nated as agency police services unit pursuant to an agreement between the 19 state of New York and the employee organization representing such indi- 20 viduals or an interest arbitration award binding the state of New York 21 and the employee organization representing such individuals. 22 1. The provisions of this section shall apply to all full-time officers 23 and employees in the collective negotiating unit designated as the agency 24 police services unit established pursuant to article fourteen of the 25 civil service law. 26 2. Effective April 1, 2015, the basic annual salary of all members of 27 the agency police services unit who were in full-time annual salaried 28 employment status on March 31, 2015 shall be increased by two percent. 29 3. Effective April 1, 2016, the basic annual salary of all members of 30 the agency police services unit who were in full-time annual salaried 31 employment status on March 31, 2016 shall be increased by two percent. 32 4. Effective April 1, 2017, the basic annual salary of all members of 33 the agency police services unit who were in full-time annual salaried 34 employment status on March 31, 2017 shall be increased by two percent. 35 5. Effective April 1, 2018, the basic annual salary of all members of 36 the agency police services unit who were in full-time annual salaried 37 employment status on March 31, 2018 shall be increased by two percent. 38 6. Advancement within salary grade. Payments pursuant to the provisions 39 of subdivision 6 of section 131 of civil service law for members of the 40 agency police services unit shall be payable pursuant to the terms of an 41 agreement between the state and an employee organization representing 42 employees subject to the provisions of this section. 43 7. Effective April 1, 2015, pursuant to the terms of an agreement 44 covering members of the agency police services unit, for such unit 45 members who are on the institutional payroll, the ten-year, the fifteen- 46 year, the twenty-year, and the twenty-five-year longevity step payment 47 for such unit members to whom the provisions of this section apply shall 48 be that amount prescribed by paragraph h of subdivision 1 of section 130 49 of the civil service law, as added by section one of this act. 50 8. Notwithstanding any of the foregoing provisions of this section, if 51 the basic annual salary of such unit members to whom the provisions of 52 this section apply is identical with the hiring rate, performance advance 53 step one, two, three, four or five, the job rate, the ten-year longevity 54 step, the fifteen-year longevity step, the twenty-year longevity step or 55 the twenty-five-year longevity step of his or her position on the effec- 56 tive dates of the increases provided in this section, such basic annualS. 5178 7 1 salary shall be increased to the hiring rate, performance advance step 2 one, two, three, four or five, the job rate, the ten-year longevity step, 3 the fifteen-year longevity step, the twenty-year longevity step or the 4 twenty-five-year longevity step, respectively, of such salary grade as 5 contained in the appropriate salary schedule in subparagraphs (1), (2), 6 (3), and (4) of paragraph h of subdivision 1 of section 130 of the civil 7 service law, as added by section one of this act, to take effect on the 8 dates provided in subparagraphs (1), (2), (3), and (4), respectively. 9 The increases in basic annual salary provided by this subdivision shall 10 be in lieu of any increase in basic annual salary provided for in subdi- 11 visions two, three, four and five of this section. 12 9. If an unencumbered position is one which if encumbered, would be 13 subject to the provisions of this section, the salary of such position 14 shall be increased by the salary increase amounts specified in this 15 section. If a position is created and is filled by the appointment of 16 such unit members to whom the provisions of this section apply, the sala- 17 ry otherwise provided for such position shall be increased in the same 18 manner as though such position had been in existence but unencumbered. 19 Notwithstanding the provisions of this section, the director of the budg- 20 et may reduce the salary of any such position, which is or becomes 21 vacant. 22 10. The increases in salary payable pursuant to this section shall 23 apply on a prorated basis to officers and employees, otherwise eligible 24 to receive an increase in salary pursuant to this section, who are paid 25 on an hourly or per diem basis, employees serving on a part-time or 26 seasonal basis and employees paid on any basis other than at an annual 27 salaried rate; except that the provisions of subdivision eleven, twelve, 28 or thirteen of this section shall not apply to employees serving on an 29 hourly, per diem, or seasonal basis, except as determined by the director 30 of the budget. 31 11. 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. 34 12. In order to provide for the officers and employees to whom this 35 section applies who are not allocated to salary grades, performance 36 advancements and payments in proportion to those provided to persons to 37 whom this section applies who are allocated to salary grades, the direc- 38 tor of the budget is authorized to add appropriate adjustments to the 39 compensation which such officers and employees are otherwise entitled to 40 receive. The director of the budget shall issue certificates which shall 41 contain schedules of positions and the salaries thereof for which adjust- 42 ments are made pursuant to the provisions of this subdivision, and a copy 43 of each such certificate shall be filed with the state comptroller, the 44 department of civil service, the chairman of the senate finance committee 45 and the chairman of the assembly ways and means committee. 46 13. Notwithstanding any of the foregoing provisions of this section, 47 any increase in compensation may be withheld in whole or in part from any 48 such unit members to whom the provisions of this section apply when, in 49 the opinion of the director of the division of the budget and the direc- 50 tor of employee relations, such increase is not warranted or is not 51 appropriate. 52 § 4. Additional compensation for certain members of the agency police 53 services collective negotiating unit. 1. In recognition of the general 54 requirement for full-time employees of the state in the agency police 55 services unit to assemble for briefing prior to the commencement of 56 duties, where and to the extent an agreement so provides, each suchS. 5178 8 1 employee except such an employee receiving additional compensation pursu- 2 ant to subdivision 5 of section 134 of the civil service law, shall 3 continue to receive additional compensation in recognition of pre-shift 4 briefing at one and one-half times the hourly rate of pay provided for by 5 subdivision 1 of section 134 of the civil service law and the rules and 6 regulations of the director of the budget. 7 2. Members of the agency police services collective negotiating unit 8 who are full-time annual salaried and are police officers pursuant to 9 subdivision 34 of section 1.20 of the criminal procedure law, who are 10 required, authorized and actually assemble for pre-shift briefing or line 11 up before the commencement of their regular tour of duty shall continue 12 to be paid for pre-shift briefing. However, employees of the department 13 of environmental conservation who do not physically line up shall be paid 14 the equivalent of pre-shift compensation for vehicle, equipment, office 15 maintenance, and the handling of phone calls and home visitations 16 received and instigated outside of the regular workday. This payment 17 supplants any payments made to such employees for equipment storage. 18 There shall be no payment of pre-shift briefing for any day in which any 19 employee who is a member of the agency police services unit, full-time 20 annual salaried and a police officer pursuant to subdivision 34 of 21 section 1.20 of the criminal procedure law is not physically reporting to 22 work. There shall be no change in the payment for pre-shift briefing for 23 all other members of the agency police services unit. 24 3. Any such additional compensation pursuant to this section shall be 25 paid in addition to and shall not be a part of such employee's basic 26 annual salary and shall not be included as compensation for the purposes 27 of computation of overtime pay, provided, however, that such additional 28 compensation shall be included for retirement purposes. Notwithstanding 29 the foregoing provisions of this section or of any other law, such addi- 30 tional compensation as added by this section shall be in lieu of the 31 continuation of any other additional compensation for such unit members 32 in recognition of pre-shift briefing. 33 § 5. Clothing allowance. Effective April 1, 2015, pursuant to the terms 34 of an agreement covering members of the agency police services collective 35 negotiating unit who are full-time annual salaried and are classified as 36 investigators or detectives, in recognition of the general requirement 37 for such unit members to whom the provisions of this section apply to 38 wear professional attire, each such employee who is on the payroll on the 39 first day of November preceding the annual effective date shall continue 40 to receive a clothing allowance at a rate of four hundred dollars per 41 year effective December 1, 2011. 42 § 6. Location pay. 1. Pursuant to the terms of an agreement covering 43 members of the agency police services collective negotiating unit, and 44 notwithstanding any inconsistent provision of law, effective April 1, 45 2015, all members of this unit who are full-time annual salaried employ- 46 ees and whose principal place of employment, or, in the case of a field 47 employee, whose official station is determined in accordance with the 48 regulations of the state comptroller, is located in the city of New York, 49 or in the county of Rockland, Westchester, Nassau, or Suffolk shall 50 continue to receive location pay in the amount of one thousand five 51 hundred twenty dollars. 52 2. The location 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 55 to which an employee may be entitled by law, provided, however, that 56 location pay shall be included as compensation for the purposes of compu-S. 5178 9 1 tation of overtime pay and for retirement purposes. This payment will be 2 equally divided over the twenty-six payroll periods in each fiscal year. 3 § 7. Supplemental location pay. 1. Pursuant to the terms of an agree- 4 ment covering members of the agency police services collective negotiat- 5 ing unit, and notwithstanding any inconsistent provision of law, all 6 members of this unit who are full-time annual salaried employees and 7 whose principal place of employment, or, in the case of a field employee, 8 whose official station is determined in accordance with the regulations 9 of the state comptroller, is located in the city of New York, or in the 10 county of Putnam, Orange, Dutchess, Rockland, Westchester, Nassau or 11 Suffolk, shall continue to receive supplemental location pay, in the 12 following amounts: 13 Orange/Putnam/ NYC/Rockland/ Nassau/Suffolk 14 Dutchess Westchester 15 Effective April 1,2015 $1,266 $1,900 $2,217 16 2. The supplemental location pay as set out in this section shall be in 17 addition to and shall not be a part of an employee's basic annual salary, 18 and shall not affect or impair any performance advance or other rights or 19 benefits to which an employee may be entitled by law; provided, however, 20 that supplemental location pay shall be included as compensation for the 21 purposes of computation of overtime pay and for retirement purposes. This 22 payment will be equally divided over the twenty-six payroll periods in 23 each fiscal year. 24 § 8. Expanded duty pay. Pursuant to the terms of an agreement or award 25 covering members of the agency police services collective negotiating 26 unit who are full-time annual salaried employees, in recognition of the 27 additional and continued duties and responsibilities performed by the 28 police officers in this unit as a result of the September 11th terrorist 29 attacks, and notwithstanding any provision of law, rule or regulation to 30 the contrary, members of this unit, effective April 1, 2015, shall 31 continue to receive expanded duty pay in the amount of three thousand 32 seventy-five dollars. Effective March 31, 2019, this amount shall be 33 increased to three thousand eight hundred and twenty-five dollars. 34 Expanded duty pay as set out in this section shall be in addition to and 35 shall not be a part of an employee's basic annual salary, and shall not 36 affect or impair any performance advance or other rights or benefits to 37 which an employee may be entitled by law; provided, however, that 38 expanded duty pay shall be included as compensation for the purposes of 39 computation of overtime pay and for retirement purposes. This payment 40 will be equally divided over the twenty-six payroll periods in each 41 fiscal year. 42 § 9. Marine/off-road enforcement pay. Pursuant to the terms of an 43 agreement covering members of the agency police services collective nego- 44 tiating unit who are full-time annual salaried employees, effective April 45 1, 2015, all members of this unit who are employed by the office of 46 parks, recreation and historic preservation or the department of environ- 47 mental conservation shall continue to receive one thousand five hundred 48 dollars per year in recognition of their expertise in marine and off-road 49 enforcement. Marine/off-road enforcement pay as set out in this section 50 shall be in addition to and shall not be a part of an employee's basic 51 annual salary, and shall not affect or impair any performance advance or 52 other rights or benefits to which an employee may be entitled by law; 53 provided, however, that marine/off-road enforcement pay shall be included 54 as compensation for the purposes of computation of overtime pay and for 55 retirement purposes. This payment will be equally divided over the twen- 56 ty-six payroll periods in each fiscal year.S. 5178 10 1 § 10. Hazardous material pay. 1. Pursuant to the terms of an agreement 2 covering members of the agency police services collective negotiating 3 unit who are full-time annual salaried employees, effective April 1, 4 2015, all members who are employed by the department of environmental 5 conservation, except for those in the forest ranger title series, shall 6 continue to receive one thousand five hundred dollars per year in recog- 7 nition of their expertise and handling of hazardous materials. Hazardous 8 material pay as set out in this section shall be in addition to and shall 9 not be a part of an employee's basic annual salary, and shall not affect 10 or impair any performance advance or other rights or benefits to which an 11 employee may be entitled by law; provided, however, that hazardous mate- 12 rial pay shall be included as compensation for the purposes of computa- 13 tion of overtime pay and for retirement purposes. This payment will be 14 equally divided over the twenty-six payroll periods in each fiscal year. 15 2. Hazardous material/fire management/search and rescue pay. Pursuant 16 to the terms of an agreement covering members of the agency police 17 services collective negotiating unit who are full-time annual salaried 18 employees, effective April 1, 2015, all members who are employed by the 19 department of environmental conservation in the forest ranger title 20 series shall continue to receive one thousand five hundred dollars per 21 year in recognition of their expertise and handling of hazardous materi- 22 als. Hazardous material/fire management/search and rescue pay as set out 23 in this section shall be in addition to and shall not be a part of an 24 employee's basic annual salary, and shall not affect or impair any 25 performance advance or other rights or benefits to which an employee may 26 be entitled by law; provided, however, that hazardous material/fire 27 management/search and rescue pay shall be included as compensation for 28 the purposes of computation of overtime pay and for retirement purposes. 29 This payment will be equally divided over the twenty-six payroll periods 30 in each fiscal year. 31 § 11. Inconvenience pay program. Pursuant to chapter 333 of the laws of 32 1969, as amended, and an agreement negotiated between the state and the 33 employee organization representing members of the agency police services 34 unit, effective April 1, 2015, members of the agency police services unit 35 shall continue to receive inconvenience pay in the amount of five hundred 36 ninety-seven dollars. Any such additional compensation pursuant to this 37 section shall be included as compensation for retirement purposes. 38 § 12. During the period April 1, 2015 through March 31, 2019 or as 39 otherwise agreed, there shall be a statewide joint labor-management 40 committee continued and administered pursuant to the terms of the agree- 41 ment negotiated between, or an interest arbitration award binding the 42 state and the employee organization representing employees in the collec- 43 tive negotiating unit designated as the agency police services unit 44 established pursuant to article 14 of the civil service law which shall, 45 with the amounts available therefore, study and make recommendations 46 concerning major issues of employee assistance, performance evaluation, 47 education and training, quality of work life, health benefits, and 48 provide for the implementation of the terms of agreements of such commit- 49 tees. 50 § 13. Notwithstanding any provision of law to the contrary, the appro- 51 priations contained in this act shall be available to the state for the 52 payment and publication of grievance and arbitration settlements and 53 awards pursuant to articles 7 and 8 of the collective negotiating agree- 54 ment between the state and the employee organization representing the 55 collective negotiating unit designated as the agency police services unit 56 established pursuant to article 14 of the civil service law.S. 5178 11 1 § 14. Notwithstanding any provision of law, rule or regulation to the 2 contrary, and where and to the extent an agreement negotiated between the 3 state and the employee organization representing employees in the agency 4 police services collective negotiating unit established pursuant to arti- 5 cle 14 of the civil service law so provides, the salaries of newly hired 6 employees on or after September 1, 1992 into state service in positions 7 within said negotiating unit shall not be subject to the provisions of 8 subdivision 2-a of section 200 of the state finance law. 9 § 15. Date of entitlement to salary increase. Notwithstanding the 10 provisions of this act or of any other provision of law to the contrary, 11 the increase in salary or compensation provided by this act of any member 12 of the agency police services collective negotiating unit established 13 pursuant to article 14 of the civil service law who are full-time annual 14 salaried employees and are police officers pursuant to subdivision 34 of 15 section 1.20 of the criminal procedure law shall be added to the salary 16 of such member at the beginning of that payroll period, the first day of 17 which is nearest to the effective date of such increase as provided in 18 this act, or at the beginning of the earlier of two payroll periods, the 19 first days of which are nearest but equally near to the effective date of 20 such increase as provided in this act; provided, however, that, for the 21 purposes of determining the salary of such unit members upon reclassi- 22 fication, reallocation, appointment, promotion, transfer, demotion, rein- 23 statement, or other change of status, such salary increase shall be 24 deemed to be effective on the date thereof as prescribed by this act, 25 with payment thereof pursuant to this section on a date prior thereto, 26 instead of on such effective date, and shall not operate to confer any 27 additional salary rights or benefits on such unit members. Payment of 28 such salary increase may be deferred pursuant to section sixteen of this 29 act. 30 § 16. Deferred payment of salary increases. Notwithstanding the 31 provisions of any other section of this act or of any other provision of 32 law to the contrary, pending payment pursuant to this act of the basic 33 annual salaries of incumbents of positions subject to this act, such 34 incumbents shall receive, as partial compensation for services rendered, 35 the rate of salary and other compensation otherwise payable in their 36 respective positions. An incumbent holding a position subject to this act 37 at any time during the period from April 1, 2015, until the time when 38 basic annual salaries and other compensation due are first paid pursuant 39 to this act for such services in excess of the salary and other compen- 40 sation actually received therefor, shall be entitled to a lump sum 41 payment for the difference between the salary and other compensation to 42 which such incumbent is entitled for such services and the salary and 43 other compensation actually received. Notwithstanding the provisions of 44 this section or of any other section of this act, the lump sum payments 45 resulting from the increases in salary and other compensation pursuant to 46 this act shall be aggregated in the form of a lump sum payment and made 47 to employees in two equal payments. However, effective the pay period 48 closest to March 31, 2019, the denominator for purposes of calculating 49 overtime shall be adjusted consistent with such interest arbitration 50 award and recalculation of the overtime earned subsequent to March 31, 51 2019 will be reconciled, adjusted and applied in the first retroactive 52 payment referenced herein. The first payment shall be paid as soon as 53 practicable after the passage of legislation implementing a Final Deci- 54 sion and Award covering the period April 1, 2015 to March 31, 2019 and 55 the second payment shall be paid on the first day of the payroll period 56 commencing after April 1, 2021. For the purpose of calculating retirementS. 5178 12 1 benefits, the amounts paid under this act shall count as compensation 2 earned during the year or years for which it is calculated and not as 3 compensation earned wholly in the year in which it is paid. Notwith- 4 standing any law, rule or regulation to the contrary, no member of the 5 agency police services unit to whom the provisions of this act apply 6 shall be entitled to, or owed, any interest or other penalty for any 7 reason on any monies due to such member pursuant to the terms of this act 8 and the terms of the agreement or interest arbitration award covering 9 employees in the agency police services unit. 10 § 17. Use of appropriations. Notwithstanding any provision of the state 11 finance law or any other provision of law to the contrary, the state 12 comptroller is authorized to pay any amounts required during the fiscal 13 year commencing April 1, 2020, and/or April 1, 2021 by the provisions of 14 this act for any state department or agency from any appropriation or 15 other funds available to such state department or agency for personal 16 service or for other related employee benefits during such fiscal year. 17 To the extent that such appropriations are insufficient in any fund to 18 accomplish the purposes herein set forth, the director of the budget is 19 authorized to allocate to the various departments and agencies, from any 20 appropriations available in any fund, the amounts necessary to pay such 21 amounts. The aforementioned appropriations shall be available for payment 22 of any liabilities or obligations incurred prior to April 1, 2020, and/or 23 April 1, 2021 in addition to current liabilities. 24 § 18. Notwithstanding any provision of the state finance law or any 25 other provision of law to the contrary, the sum of sixty-seven million, 26 five hundred thousand dollars ($67,500,000) is hereby appropriated in the 27 general fund/state purposes account (10050) in miscellaneous-all state 28 departments and agencies solely for apportionment/transfer by the direc- 29 tor of the budget for use by any state department or agency in any fund 30 for the period April 1, 2015 through March 31, 2022 to supplement appro- 31 priations for personal service, other than personal service and fringe 32 benefits, and to carry out the provisions of this act. No money shall be 33 available for expenditure from this appropriation until a certificate of 34 approval has been issued by the director of the budget and a copy of such 35 certificate or any amendment thereto has been filed with the state comp- 36 troller, the chair of the senate finance committee and the chair of the 37 assembly ways and means committee. The monies hereby appropriated are 38 available for payment of any liabilities or obligations incurred prior to 39 or during the period April 1, 2015 through March 31, 2022. For this 40 purpose, the monies appropriated shall remain in full force and effect 41 for the payment of liabilities incurred on or before March 31, 2022. 42 § 19. Notwithstanding any provision of the state finance law or any 43 other provision of law to the contrary, the several amounts as hereinaft- 44 er set forth, or so much thereof as may be necessary, are hereby appro- 45 priated from the fund so designated for use by any state department or 46 agency for the period April 1, 2015 through March 31, 2022 to supplement 47 appropriations from each respective fund available for other than 48 personal service and fringe benefits, and to carry out the provisions of 49 this act. The monies hereby appropriated are available for the payment of 50 any liabilities or obligations incurred prior to or during the period 51 commencing April 1, 2015 through March 31, 2022. No money shall be 52 available for expenditure from the monies appropriated until a certif- 53 icate of approval has been issued by the director of the budget and a 54 copy of such certificate or any amendment thereto has been filed with the 55 state comptroller, the chair of the senate finance committee and the 56 chair of the assembly ways and means committee. Notwithstanding theS. 5178 13 1 provisions of any other section of this act, the salary increases, and 2 lump sum payments provided for in this act shall not be implemented until 3 the director of employee relations has delivered notice to the director 4 of the budget and the comptroller that a Final Decision and Award has 5 been issued and signed by the interest arbitration panel so that such 6 amounts may be paid. 7 ALL STATE DEPARTMENTS AND AGENCIES 8 SPECIAL PAY BILLS 9 General Fund / State Operations 10 State Purposes Account - 003 11 NONPERSONAL SERVICE 12 Joint committee on health benefits ................ 15,782 13 Contract administration ........................... 30,000 14 Education and Training ............................ 91,337 15 Education and Training - Management Directed ...... 55,746 16 Employee Assistance Program ....................... 13,810 17 Organizational Alcohol Program .................... 21,441 18 Legal Defense Fund ................................ 10,000 19 Quality of Work Life Initiatives .................. 67,420 20 Employee Benefit Fund ............................ 198,175 21 § 20. This act shall take effect immediately and shall be deemed to 22 have been in full force and effect on and after April 1, 2015.
