Bill Text: NY S06494 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2017-06-20 - SUBSTITUTED BY A8101 [S06494 Detail]
Download: New_York-2017-S06494-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 6494 2017-2018 Regular Sessions IN SENATE May 25, 2017 ___________ Introduced by Sen. GOLDEN -- (at request of the Office of Court Adminis- tration) -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT in relation to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings. The legislature finds that collective 2 bargaining agreements have been negotiated by the unified court system 3 with employee organizations representing nonjudicial officers and 4 employees in the following negotiating units: Suffolk county, New York 5 city administrative, librarian, clerical and support, New York city 6 administrative services, ninth judicial district, citywide law assist- 7 ants, New York city senior court attorneys and New York city court 8 reporters. The purpose of this act is to implement these agreements and 9 any other collective bargaining agreement negotiated by the unified 10 court system with an employee organization where, pursuant to section 11 five of this act, the chief administrator of the courts has delivered a 12 certificate to the comptroller that such collective bargaining agreement 13 is in effect. References in this act to the unified court system's clas- 14 sification structure shall mean the classification structure established 15 by the chief administrator on May 28, 1979, as amended since that date. 16 Reference to the April, 2015 salary schedule shall mean the salary sche- 17 dule promulgated by the chief administrator of the courts pursuant to 18 subdivision (b) of section 2 of chapter 400 of the laws of 2014. Refer- 19 ences to the April, 2016 salary schedule, the April, 2017 salary sched- 20 ule and the April, 2018 salary schedule shall mean the salary schedules 21 promulgated by the chief administrator pursuant to subdivisions (a), (b) 22 and (c) of section two of this act, respectively. 23 § 2. Salary schedules. The chief administrator of the courts shall 24 promulgate salary schedules, as follows: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11816-01-7S. 6494 2 1 (a) Effective April 1, 2016, each of the rates of pay established by 2 the April, 2015 salary schedule shall be increased as follows; 3 (1) the maximum rate for each grade shall be increased by an amount 4 equal to 2 percent thereof (and then rounded up to the nearest dollar); 5 (2) the amount of the increment for each grade shall equal one-seventh 6 of the difference (rounded up to the nearest dollar) between the maximum 7 rate for such grade, as increased by paragraph (1) of this subdivision, 8 and 102 percent of the hiring rate for such grade on the April, 2016 9 salary schedule (rounded up to the nearest dollar); 10 (3) the hiring, first, second, third, fourth, fifth and sixth year 11 rates of compensation for each grade shall equal the maximum rate for 12 such grade, as increased by paragraph (1) of this subdivision, minus 7, 13 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as 14 increased by paragraph (2) of this subdivision, respectively; 15 (4) the longevity rate for each grade shall equal the maximum rate for 16 such grade, as increased by paragraph (1) of this subdivision, plus the 17 amount of the increment for such grade; and 18 (5) the extra-longevity rate for each grade shall equal the longevity 19 rate for such grade, as increased by paragraph (4) of this subdivision, 20 plus the amount of the increment for such grade. 21 (b) Effective April 1, 2017, each of the rates of pay established by 22 the April, 2016 salary schedule shall be increased as follows; 23 (1) the maximum rate for each grade shall be increased by an amount 24 equal to 2 percent thereof (and then rounded up to the nearest dollar); 25 (2) the amount of the increment for each grade shall equal one-seventh 26 of the difference (rounded up to the nearest dollar) between the maximum 27 rate for such grade, as increased by paragraph (1) of this subdivision, 28 and 102 percent of the hiring rate for such grade on the April, 2016 29 salary schedule (rounded up to the nearest dollar); 30 (3) the hiring, first, second, third, fourth, fifth and sixth year 31 rates of compensation for each grade shall equal the maximum rate for 32 such grade, as increased by paragraph (1) of this subdivision, minus 7, 33 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as 34 increased by paragraph (2) of this subdivision, respectively; 35 (4) the longevity rate for each grade shall equal the maximum rate for 36 such grade, as increased by paragraph (1) of this subdivision, plus the 37 amount of the increment for such grade; and 38 (5) the extra-longevity rate for each grade shall equal the longevity 39 rate for such grade, as increased by paragraph (4) of this subdivision, 40 plus the amount of the increment for such grade. 41 (c) Effective April 1, 2018, each of the rates of pay established by 42 the April, 2017 salary schedule shall be increased as follows: 43 (1) the maximum rate for each grade shall be increased by an amount 44 equal to 2 percent thereof (and then rounded up to the nearest dollar); 45 (2) the amount of the increment for each grade shall equal one-seventh 46 of the difference (rounded up to the nearest dollar) between the maximum 47 rate for such grade, as increased by paragraph (1) of this subdivision, 48 and 102 percent of the hiring rate for such grade on the April, 2017 49 salary schedule (rounded up to the nearest dollar); 50 (3) the hiring, first, second, third, fourth, fifth and sixth year 51 rates of compensation for each grade shall equal the maximum rate for 52 such grade, as increased by paragraph (1) of this subdivision, minus 7, 53 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as 54 increased by paragraph (2) of this subdivision, respectively;S. 6494 3 1 (4) the longevity rate for each grade shall equal the maximum rate for 2 such grade, as increased by paragraph (1) of this subdivision, plus the 3 amount of the increment for such grade; and 4 (5) the extra-longevity rate for each grade shall equal the longevity 5 rate for such grade, as increased by paragraph (4) of this subdivision, 6 plus the amount of the increment for such grade. 7 § 3. Increases in compensation for persons in allocated positions. 8 (a) Each nonjudicial officer and employee of the unified court system 9 in a position allocated to a salary grade in the unified court system's 10 classification structure that is in any collective negotiating unit of 11 nonjudicial officers and employees of the unified court system where, 12 pursuant to section five of this act, the chief administrator of the 13 courts has delivered to the comptroller a certificate that an employee 14 organization representing nonjudicial officers and employees in such 15 unit has negotiated a collective bargaining agreement with the unified 16 court system that is in effect, or that is in any of the following 17 collective negotiating units, shall receive increased compensation in 18 accordance with this section: (1) Suffolk county, (2) New York city 19 administrative, librarian, clerical and support, (3) New York city 20 administrative services, (4) ninth judicial district, (5) citywide law 21 assistants, (6) New York city senior court attorneys, and (7) New York 22 city court reporters. Bonuses and increases to basic annual salary, as 23 provided in this section, shall be prorated for any nonjudicial officer 24 or employee whose position is part-time, or who otherwise works part- 25 time, and who is eligible, under the rules of the chief judge of the 26 state or an agreement between the state and an employee organization 27 pursuant to the provisions of article fourteen of the civil service law, 28 to accrue annual and sick leave credits. Bonuses as provided in this 29 section shall be in addition to and shall not be a part of an employee's 30 basic annual salary; provided, however, they shall be included as 31 compensation for retirement purposes. For purposes of this section: 32 (i) no nonjudicial officer or employee shall receive a full or partial 33 increment or bonus hereunder unless he or she shall have received other 34 than an unsatisfactory performance rating for his or her services during 35 the year immediately preceding pursuant to a performance evaluation 36 system set forth in an agreement specified in section one of this act, 37 nor shall any nonjudicial officer or employee receive a bonus provided 38 in this section where he or she, as of the date on which this act 39 becomes a law, already has received that bonus pursuant to law other 40 than a provision of this act; 41 (ii) any full or partial increment received by a nonjudicial office or 42 employee effective April 1, 2016 or April 1, 2017, pursuant to law other 43 than a provision of this act, shall not be considered when determining: 44 (A) a nonjudicial officer or employee's basic annual salary on a spec- 45 ified date; and 46 (B) whether a nonjudicial officer or employee is eligible to receive a 47 full or partial increment of the grade of his or her position on any of 48 such dates pursuant to a provision of this act; 49 (iii) service in the employ of the unified court system shall mean 50 service in one or more courts or agencies of the unified court system, 51 whether as a judge or as a nonjudicial officer or employee. In order for 52 a nonjudicial officer or employee's years of service in the employ of 53 the unified court system to be "continuous," he or she must have served 54 the equivalent of 120 workdays in each of those years; and the number of 55 years required to qualify for a bonus hereunder must be served consec- 56 utively except that they may be interrupted by one or more breaks of notS. 6494 4 1 more than one year each, attributable to a period of time between any 2 separation from his or her position in the employ of the unified court 3 system and resumption of service in such employ. 4 (b) Effective April 1, 2016: 5 (1) Each such nonjudicial officer and employee who is eligible to 6 receive a full or partial increment of the grade of his or her position 7 in accordance with provisions of the judiciary law shall receive such 8 full or partial increment, to be determined in accordance with the 9 April, 2015 salary schedule. 10 (2) Each such nonjudicial officer and employee shall be placed in his 11 or her grade on the April, 2016 salary schedule in the manner provided 12 as follows: 13 (i) If his or her basic annual salary under the April, 2015 salary 14 schedule, including any increase pursuant to paragraph (1) of this 15 subdivision, is identical with the hiring, first year, second year, 16 third year, fourth year, fifth year, sixth year, maximum, longevity or 17 extra-longevity rate of compensation of the grade of his or her posi- 18 tion, that basic annual salary shall be increased to the corresponding 19 rate of compensation in such grade as established by the April, 2016 20 salary schedule; or 21 (ii) If his or her basic annual salary under the April, 2015 salary 22 schedule, including any increase pursuant to paragraph (1) of this 23 subdivision, is not identical with the hiring, first year, second year, 24 third year, fourth year, fifth year, sixth year, maximum, longevity or 25 extra-longevity rate of compensation of the grade of his or her posi- 26 tion, that basic annual salary shall be increased by an amount equaling 27 2 percent thereof (and then rounded up to the nearest dollar); 28 Notwithstanding the foregoing, where operation of the provisions of 29 this paragraph would result in a nonjudicial officer or employee receiv- 30 ing an increase in basic annual salary of less than 1,000 dollars, such 31 nonjudicial officer or employee shall be placed in his or her grade on 32 the April, 2016 salary schedule at his or her basic annual salary, 33 including any increase pursuant to paragraph (1) of this subdivision, 34 plus 1,000 dollars. 35 (3) Each such nonjudicial officer and employee in the employ of the 36 unified court system having at least 20 years of continuous service in 37 the employ of the unified court system as of the preceding March 31 38 shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less 39 than 25 years of such service as of such date; or (ii) 2,000 dollars, if 40 he or she has at least 25 but less than 30 years of such service as of 41 such date; or (iii) 2,100 dollars, if he or she has at least 30 years of 42 such service as of such date. 43 (c) Effective April 1, 2017: 44 (1) Each such nonjudicial officer and employee who is eligible to 45 receive a full or partial increment of the grade of his or her position 46 in accordance with provisions of the judiciary law shall receive such 47 full or partial increment, to be determined in accordance with the 48 April, 2016 salary schedule. 49 (2) Each such nonjudicial officer and employee shall be placed in his 50 or her grade on the April, 2017 salary schedule in the manner provided 51 as follows: 52 (i) If his or her basic annual salary under the April, 2016 salary 53 schedule, including any increase pursuant to paragraph (1) of this 54 subdivision, is identical with the hiring, first year, second year, 55 third year, fourth year, fifth year, sixth year, maximum, longevity or 56 extra-longevity rate of compensation of the grade of his or her posi-S. 6494 5 1 tion, that basic annual salary shall be increased to the corresponding 2 rate of compensation in such grade as established by the April, 2017 3 salary schedule; or 4 (ii) If his or her basic annual salary under the April, 2016 salary 5 schedule, including any increase pursuant to paragraph (1) of this 6 subdivision, is not identical with the hiring, first year, second year, 7 third year, fourth year, fifth year, sixth year, maximum, longevity or 8 extra-longevity rate of compensation of the grade of his or her posi- 9 tion, that basic annual salary shall be increased by an amount equaling 10 2 percent thereof (and then rounded up to the nearest dollar); 11 Notwithstanding the foregoing, where operation of the provisions of 12 this paragraph would result in a nonjudicial officer or employee receiv- 13 ing an increase in basic annual salary of less than 1,000 dollars, such 14 nonjudicial officer or employee shall be placed in his or her grade on 15 the April, 2017 salary schedule at his or her basic annual salary, 16 including any increase pursuant to paragraph (1) of this subdivision, 17 plus 1,000 dollars. 18 (3) Each such nonjudicial officer and employee in the employ of the 19 unified court system having at least 20 years of continuous service in 20 the employ of the unified court system as of the preceding March 31 21 shall receive a bonus equaling: (i) 1,950 dollars, if he or she has less 22 than 25 years of such service as of such date; or (ii) 2,050 dollars, if 23 he or she has at least 25 but less than 30 years of such service as of 24 such date; or (iii) 2,150 dollars, if he or she has at least 30 years of 25 such service as of such date. 26 (d) Effective April 1, 2018: 27 (1) Each such nonjudicial officer and employee who is eligible to 28 receive a full or partial increment of the grade of his or her position 29 in accordance with provisions of the judiciary law shall receive such 30 full or partial increment, to be determined in accordance with the 31 April, 2017 salary schedule. 32 (2) Each such nonjudicial officer and employee shall be placed in his 33 or her grade on the April, 2018 salary schedule in the manner provided 34 as follows: 35 (i) If his or her basic annual salary under the April, 2017 salary 36 schedule, including any increase pursuant to paragraph (1) of this 37 subdivision, is identical with the hiring, first year, second year, 38 third year, fourth year, fifth year, sixth year, maximum, longevity or 39 extra-longevity rate of compensation of the grade of his or her posi- 40 tion, that basic annual salary shall be increased to the corresponding 41 rate of compensation in such grade as established by the April, 2018 42 salary schedule; or 43 (ii) If his or her basic annual salary under the April, 2016 salary 44 schedule, including any increase pursuant to paragraph (1) of this 45 subdivision, is not identical with the hiring, first year, second year, 46 third year, fourth year, fifth year, sixth year, maximum, longevity or 47 extra-longevity rate of compensation of the grade of his or her posi- 48 tion, that basic annual salary shall be increased by an amount equaling 49 2 percent thereof (and then rounded up to the nearest dollar). 50 Notwithstanding the foregoing, where operation of the provisions of 51 this paragraph would result in a nonjudicial officer or employee receiv- 52 ing an increase in basic annual salary of less than 1,000 dollars, such 53 nonjudicial officer or employee shall be placed in his or her grade on 54 the April, 2018 salary schedule at his or her basic annual salary, 55 including any increase pursuant to paragraph (1) of this subdivision, 56 plus 1,000 dollars.S. 6494 6 1 (3) Each such nonjudicial officer and employee in the employ of the 2 unified court system having at least 20 years of continuous service in 3 the employ of the unified court system as of the preceding March 31 4 shall receive a bonus equaling: (i) 2,000 dollars, if he or she has less 5 than 25 years of such service as of such date; or (ii) 2,100 dollars, if 6 he or she has at least 25 but less than 30 years of such service as of 7 such date; or (iii) 2,200 dollars, if he or she has at least 30 years of 8 such service as of such date. 9 § 4. Location pay. 10 (a) Notwithstanding any other provision of law, any nonjudicial offi- 11 cer or employee to whom the provisions of section three of this act 12 apply and whose principal place of employment is in the city of New 13 York, Nassau county, Rockland county, Suffolk county or Westchester 14 county shall receive location pay as follows: 15 (1) at the annual rate applicable to such officer or employee on April 16 1, 2015, commencing April 1, 2016; 17 (2) at a rate of 4,000 dollars annually, commencing April 1, 2018; 18 (3) at a rate of 4,100 dollars annually, commencing October 1, 2018; 19 and 20 (4) at a rate of 4,200 dollars annually, commencing March 31, 2019. 21 (b) The location pay provided in this section shall be in lieu of any 22 other location pay provided by law; except that, where a nonjudicial 23 officer or employee eligible to receive location pay pursuant to the 24 provisions of this section has received location pay during a fiscal 25 year commencing on or after April 1, 2016, pursuant to law other than a 26 provision of this act, the amount of location pay authorized by this 27 section shall be reduced by the amount of the location pay that was 28 received. 29 (c) Except as provided in subdivision (a) of this section, no nonjudi- 30 cial officer or employee to whom the provisions of section three of this 31 act applies shall receive location pay. Any location pay authorized 32 hereunder shall be in addition to and shall not be a part of an employ- 33 ee's basic annual salary and shall not impair rights or benefits to 34 which an employee may be entitled by law; provided, however, that 35 location pay shall be included as compensation for purposes of computa- 36 tion of overtime pay and for retirement purposes. Location pay, as 37 provided in this section, shall be prorated for any nonjudicial officer 38 or employee to whom the provisions of section three of this act applies 39 and whose position is part-time, but not compensated on a per diem or 40 hourly basis. 41 § 5. Application of this act to nonjudicial officers and employees of 42 the unified court system in other negotiating units. In the event that, 43 on or after the date on which this section shall become law, a collec- 44 tive bargaining agreement is negotiated by the unified court system 45 pursuant to article fourteen of the civil service law with an employee 46 organization representing nonjudicial officers and employees of the 47 unified court system in a negotiating unit other than the state negoti- 48 ating unit, the chief administrator of the courts, with the agreement of 49 such employee organization, shall deliver to the comptroller a certif- 50 icate that such collective bargaining agreement is in effect where the 51 provisions of sections three and four of this act are provided for ther- 52 ein. 53 § 6. Collective bargaining agreement required. The provisions of 54 sections three and four of this act shall not be implemented for nonju- 55 dicial officers and employees in a collective negotiating unit estab- 56 lished pursuant to article fourteen of the civil service law until theS. 6494 7 1 chief administrator of the courts shall deliver to the comptroller a 2 certificate that there is in effect with respect to such negotiating 3 unit a written collective bargaining agreement with the state pursuant 4 to article fourteen of the civil service law which provides therefor; 5 and any increase in compensation, including increases in basic annual 6 salary, increments or partial increments or bonuses, provided by 7 sections three and four of this act or otherwise authorized by law shall 8 not preclude any other increases in compensation for such a nonjudicial 9 officer or employee as may be authorized by law. 10 § 7. Date of entitlement to salary increase. Notwithstanding the 11 provisions of this act or any other law, each increase in salary or 12 compensation for nonjudicial officers or employees provided by this act 13 shall be added to the salary or compensation of such officer or employee 14 at the beginning of the payroll period the first day of which is nearest 15 to the effective date of such increase as provided in this act; 16 provided, however, for the purposes of determining the salary of such 17 officer or employee upon reclassification, reallocation, appointment, 18 promotion, transfer, demotion, reinstatement or other change of status, 19 such salary increase shall be deemed to be effective on the date thereof 20 as prescribed in this act, and the payment thereof pursuant to this 21 section on the date prior thereto instead of on such effective date, 22 shall not operate to confer any additional salary rights or benefits on 23 such officer or employee. 24 § 8. Deferred payment of salary increase. Notwithstanding the 25 provisions of this act or any other law, commencing April 1, 2016, and 26 pending payment pursuant to this act of the basic annual salaries of 27 incumbents of positions subject to this act commencing April 1, 2016, 28 such incumbents shall receive, as partial compensation for services 29 rendered, the rate of compensation otherwise payable in their respective 30 positions pursuant to law then in effect. An incumbent holding a posi- 31 tion subject to this act at any time during the period from April 1, 32 2016 until the time when basic annual salaries are first paid pursuant 33 to this act for such service in excess of the compensation actually 34 received therefor shall be entitled to a lump sum payment for the 35 difference between the salary to which such incumbent is entitled for 36 such service and the compensation actually received therefor. Such lump 37 sum payment shall be made as soon as practicable. 38 § 9. This act shall take effect immediately and shall be deemed to 39 have been in full force and effect on and after April 1, 2016.
