Bill Text: NY S07575 | 2023-2024 | General Assembly | Introduced
Bill Title: Implements an agreement between the state and an employee organization; provides for the adjustment of salaries of certain incumbents in the professional service in the state university; makes an appropriation for the purpose of effectuating certain provisions thereof.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-06-30 - SIGNED CHAP.189 [S07575 Detail]
Download: New_York-2023-S07575-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7575 2023-2024 Regular Sessions IN SENATE June 8, 2023 ___________ Introduced by Sen. JACKSON -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT implementing an agreement between the state and an employee organization; providing for the adjustment of salaries of certain incumbents in the professional service in the state university; and making an appropriation for the purpose of effectuating certain provisions thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Definitions. 1. For purposes of this act, "professional 2 services unit" means the collective negotiating unit designated as the 3 professional services negotiating unit in the state university of New 4 York established pursuant to article 14 of the civil service law. 5 2. For purposes of this act, "the agreement" means a collectively 6 negotiated agreement entered into in 2023 between the state and the 7 employee organization representing members of the professional services 8 unit. 9 3. For purposes of this act, "the employee organization" means the 10 employee organization representing members of the professional services 11 unit. 12 § 2. Adjustment to salaries and other compensation of certain incum- 13 bents in positions in the professional service in the state university. 14 1. The basic annual salaries as of June 30, 2022, of incumbents in 15 positions in the professional service in the state university in the 16 professional services unit, other than positions described in subdivi- 17 sion fourteen of this section, shall be increased by 2 percent, adjusted 18 to the nearest whole dollar amount (a) commencing the first day of the 19 payroll period closest to July 2, 2022 for employees having a calendar 20 year or college year professional obligation or (b) commencing the first 21 day of the payroll period closest to September 1, 2022 for employees EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12017-02-3S. 7575 2 1 having an academic year professional obligation, except that certain 2 incumbents at the state university of New York at Binghamton, the 3 colleges of technology and the agriculture and technology colleges here- 4 tofore specifically identified by the department of audit and control, 5 for the purpose of establishing the effective date of eligibility for 6 salary increases shall be granted said salary increase commencing the 7 first day of the payroll period closest to July 2, 2022. Notwithstand- 8 ing the above provisions of this subdivision, for employees having an 9 academic year professional obligation and who are in a 21 pay period 10 status, for the purpose of establishing the effective date of eligibil- 11 ity for salary increase, shall be granted said salary increase effective 12 August 18, 2022. 13 2. The basic annual salaries as of June 30, 2023, of incumbents in 14 positions in the professional service in the state university in the 15 professional services unit, other than positions described in subdivi- 16 sion fourteen of this section, shall be increased by 3 percent, adjusted 17 to the nearest whole dollar amount (a) commencing the first day of the 18 payroll period closest to July 1, 2023, for employees having a calendar 19 year or college year professional obligation, or (b) commencing the 20 first day of the payroll period closest to September 1, 2023, for 21 employees having an academic year professional obligation, except that 22 certain incumbents at the state university of New York at Binghamton, 23 the colleges of technology and the agriculture and technology colleges 24 heretofore specifically identified by the department of audit and 25 control for the purpose of establishing the effective date of eligibil- 26 ity for salary increases, shall be granted said salary increase commenc- 27 ing the first day of the payroll period closest to July 1, 2023. 28 Notwithstanding the above provisions of this subdivision, employees 29 having an academic year professional obligation and who are in a 21 pay 30 period status, for the purpose of establishing the effective date of 31 eligibility for salary increases, shall be granted said salary increase 32 effective August 17, 2023. 33 3. The basic annual salaries as of June 30, 2024, of incumbents in 34 positions in the professional service in the state university in the 35 professional services unit, other than positions described in subdivi- 36 sion fourteen of this section, shall be increased by 3 percent, adjusted 37 to the nearest whole dollar amount (a) commencing the first day of the 38 payroll period closest to July 1, 2024, for employees having a calendar 39 year or college year professional obligation, or (b) commencing the 40 first day of the payroll period closest to September 1, 2024, for 41 employees having an academic year professional obligation, except that 42 certain incumbents at the state university of New York at Binghamton, 43 the colleges of technology and the agriculture and technology colleges 44 heretofore specifically identified by the department of audit and 45 control for the purpose of establishing the effective date of eligibil- 46 ity for salary increases, shall be granted said salary increase commenc- 47 ing the first day of the payroll period closest to July 1, 2024. 48 Notwithstanding the above provisions of this subdivision, employees 49 having an academic year professional obligation and who are in a 21 pay 50 period status, for the purpose of establishing the effective date of 51 eligibility for salary increases, shall be granted said salary increase 52 effective August 15, 2024. 53 4. The basic annual salaries as of June 30, 2025, of incumbents in 54 positions in the professional service in the state university in the 55 professional services unit, other than positions described in subdivi- 56 sion fourteen of this section, shall be increased by 3 percent, adjustedS. 7575 3 1 to the nearest whole dollar amount (a) commencing the first day of the 2 payroll period closest to July 1, 2025, for employees having a calendar 3 year or college year professional obligation, or (b) commencing the 4 first day of the payroll period closest to September 1, 2025, for 5 employees having an academic year professional obligation, except that 6 certain incumbents at the state university of New York at Binghamton, 7 the colleges of technology and the agriculture and technology colleges 8 heretofore specifically identified by the department of audit and 9 control for the purpose of establishing the effective date of eligibil- 10 ity for salary increases, shall be granted said salary increase commenc- 11 ing the first day of the payroll period closest to July 1, 2025. 12 Notwithstanding the above provisions of this subdivision, employees 13 having an academic year professional obligation and who are in a 21 pay 14 period status, for the purpose of establishing the effective date of 15 eligibility for salary increase, shall be granted said salary increase 16 effective August 14, 2025. 17 5. Notwithstanding the provisions of subdivision one, two, three, or 18 four of this section, an employee in service on April 30 of 2022, 2023, 19 2024, or 2025, whose employment expired prior to July 2, 2022 or July 1, 20 2023, 2024, or 2025, respectively, and who would have been eligible for 21 the salary increase provided for in subdivision one, two, three, or four 22 of this section if the employee's employment had continued through July 23 2 or July 1 of that year, as appropriate, shall be eligible for the 24 salary increase provided for in subdivision one, two, three, or four of 25 this section if the employee is reemployed in an equivalent position for 26 at least one semester or the equivalent of the twelve-month period 27 commencing on July 2 or July 1 of such year, as appropriate. 28 6. Notwithstanding the provisions of subdivision one, two, three, or 29 four of this section, an employee in service during a portion of the 30 twelve-month period commencing on July 1 of 2021, 2022, 2023, or 2024, 31 for at least one semester or the equivalent, but whose employment 32 expired prior to July 1 of the following year, shall be eligible for the 33 salary increase provided for such year in subdivision one, two, three, 34 or four of this section if the employee is reemployed in an equivalent 35 position for at least one semester or the equivalent of the twelve-month 36 period commencing on July 1 of such following year. 37 7. The provisions of this subdivision shall apply to incumbents in 38 positions in the professional services unit, other than positions 39 described in subdivision thirteen of this section. 40 (a) Pursuant to the terms of the agreement, for the year 2023, incum- 41 bents on the payroll on June 30, 2023 and at the time of payment shall 42 be paid a lump sum payment in the amount of 400 dollars. Part-time 43 employees shall be eligible for the lump sum payment of 400 dollars, at 44 a pro-rated amount, pursuant to the terms of the agreement. Incumbents 45 on the payroll on June 30, 2023 shall include those part-time employees 46 in service on April 30, 2023, but whose employment expired prior to July 47 1, 2023. Such lump sum payments shall be added to basic annual salary 48 and shall be payable not later than December 31, 2023. 49 (b) Pursuant to the terms of the agreement, for the year 2024, there 50 shall be available an amount equal to .5 percent (.5%) of the total of 51 the basic annual salaries on June 30, 2024 to whom the provisions of 52 this subdivision apply, for distribution to such incumbents as payments 53 made by the state university trustees in their discretion. Such payments 54 as described in this paragraph shall be made to incumbents on the 55 payroll on June 30, 2024 and at the time of payment and shall occur not 56 later than December 31, 2024. Such payments shall be a part of anS. 7575 4 1 employee's basic annual salary. The total of the basic annual salaries 2 on June 30, 2024 shall include the total salaries of part-time employees 3 in service on April 30, 2024, but whose employment expires prior to July 4 1, 2024. If the part-time faculty employee is reemployed prior to the 5 distribution of the pool, the employee will be eligible for a discre- 6 tionary increase at the discretion of the state university trustees. 7 (c) Pursuant to the terms of the agreement, for the year 2025, there 8 shall be available an amount equal to .5 percent (.5%) of the total of 9 the basic annual salaries on June 30, 2025 to whom the provisions of 10 this subdivision apply, for distribution to such incumbents as payments 11 made by the state university trustees in their discretion. Such payments 12 as described in this paragraph shall be made to incumbents on the 13 payroll on June 30, 2025 and at the time of payment and shall occur not 14 later than December 31, 2025. Such payments shall be a part of an 15 employee's basic annual salary. The total of the basic annual salaries 16 on June 30, 2025 shall include the total salaries of part-time employees 17 in service on April 30, 2025, but whose employment expires prior to July 18 1, 2025. If the part-time faculty employee is reemployed prior to the 19 distribution of the pool, the employee will be eligible for a discre- 20 tionary increase at the discretion of the state university trustees. 21 (d) Pursuant to the terms of the agreement, for the year 2026, there 22 shall be available an amount equal to .5 percent (.5%) of the total of 23 the basic annual salaries on June 30, 2026 to whom the provisions of 24 this subdivision apply, for distribution to such incumbents as payments 25 made by the state university trustees in their discretion. Such payments 26 as described in this paragraph shall be made to incumbents on the 27 payroll on June 30, 2026 and at the time of payment and shall occur not 28 later than December 31, 2026. Such payments shall be a part of an 29 employee's basic annual salary. The total of the basic annual salaries 30 on June 30, 2026 shall include the total salaries of part-time employees 31 in service on April 30, 2026, but whose employment expires prior to July 32 1, 2026. If the part-time faculty employee is reemployed prior to the 33 distribution of the pool, the employee will be eligible for a discre- 34 tionary increase at the discretion of the state university trustees. 35 8. Location compensation of certain incumbents in positions in the 36 professional service of the state university. (a) Employees in positions 37 in the professional services unit who are full-time employees and whose 38 work station is: (i) in the city of New York, or in the county of 39 Suffolk, Nassau, Rockland or Westchester, shall continue to be entitled 40 to location pay at the annual rate of 3,026 dollars effective January 1, 41 2009 increasing to 3,087 dollars effective July 1, 2023 and increasing 42 to 3,400 dollars effective July 1, 2024 and increasing to 4,000 dollars 43 effective July 1, 2025, or (ii) in the county of Dutchess, Putnam or 44 Orange shall continue to be entitled to location pay at the annual rate 45 of 1,513 dollars effective January 1, 2009 increasing to 1,543 dollars 46 effective July 1, 2023 and increasing to 1,650 dollars effective July 1, 47 2024 and increasing to 2,000 dollars effective July 1, 2025. 48 (b) Payments made under paragraph (a) of this subdivision shall be 49 paid biweekly and shall be in addition to and not part of the basic 50 annual salary of such employees, provided, however, that any amount 51 payable pursuant to this subdivision shall be included as compensation 52 for retirement purposes. 53 (c) Notwithstanding the provisions of paragraph (a) of this subdivi- 54 sion, a full-time employee on an authorized leave of absence who is 55 receiving a part-time salary, but who would have been otherwise eligible 56 for the location compensation set forth in paragraph (a) of this subdi-S. 7575 5 1 vision, shall be eligible for such location compensation, on a pro-rated 2 basis, and shall be paid the appropriately pro-rated amount of the 3 location compensation, which pro-rated amount shall be consistent with 4 the part-time salary of that employee. 5 9. (a) Pursuant to the terms of the agreement, full-time employees in 6 the professional services unit who have been granted permanent or 7 continuing appointment at the campus at which they currently are 8 employed, or full-time employees who have been granted a second five- 9 year term appointment at the campus at which they are currently employed 10 under Article XI, Appendix A of the policies of the board of trustees of 11 the state university of New York, shall receive a one-time advance to 12 basic annual salary of 500 dollars. Employees who have completed seven 13 consecutive years of full-time service at the campus at which they are 14 currently employed in the title of Lecturer or in any of the titles 15 listed in Article XI, Appendix B, Section 4 - Division III Sports, or 16 Article XI, Appendix C, shall receive a one-time advance to basic annual 17 salary of 500 dollars. 18 (b) Pursuant to the terms of the agreement, commencing July 1, 2024, 19 full-time employees who have been granted permanent or continuing 20 appointment by the Chancellor, at the campus at which they are currently 21 employed, or a second five-year term appointment, at the campus at which 22 they are currently employed in titles listed in Article Xl, Appendix A 23 of the Policies, shall receive a one-time advance to basic annual salary 24 of $1,000 (employees who previously received $500 under paragraph (a) of 25 this subdivision shall only receive an additional $500). Employees who 26 have completed seven consecutive years of full-time service at the 27 campus at which they are currently employed in the title of Lecturer, in 28 any qualified academic rank title, or in any of the titles listed in 29 Article XI, Appendix B, Section 4-Division III Sports, or Article XI, 30 Appendix C shall receive a one-time advance to basic annual salary of 31 $1,000 (employees who previously received $500 under paragraph (a) of 32 this subdivision shall only receive an additional $500). 33 (c) Pursuant to the terms of the agreement, commencing July 1, 2025, 34 full-time employees who have received a payment pursuant to paragraph 35 (a) or (b) of this subdivision and who have completed twelve consecutive 36 years of full-time service at the campus at which they are currently 37 employed shall receive a one-time advance to basic annual salary of 38 $800. 39 (d) Pursuant to the terms of the agreement, part-time employees in the 40 professional services unit who have completed at least eight years of 41 consecutive service at the campus at which they are currently employed, 42 shall receive a lump sum payment in the amount of $500. Such payment 43 shall be in addition to and shall not be a part of an employee's basic 44 annual salary, provided, however, that such payment shall be included as 45 compensation for retirement purposes. Pursuant to the terms of the 46 agreement, part-time employees are eligible to receive this payment 47 every eight years thereafter of consecutive service at the campus at 48 which they are currently employed. In no event shall a part-time employ- 49 ee be eligible for a service award, as described in this paragraph, more 50 than once every eight years. 51 10. Minimum basic annual salary. (a) This subdivision shall apply to 52 employees in the professional services unit, except those who are not 53 paid on the basis of a basic annual salary. 54 (b) The basic annual salary minimums as of June 30, 2022, as provided 55 for in the agreement, shall be increased as provided for in the agree-S. 7575 6 1 ment, on the dates of the salary increase provided for in subdivision 2 one of this section. 3 (c) The basic annual salary minimums as of June 30, 2023, as provided 4 for in the agreement, shall be increased as provided for in the agree- 5 ment, on the dates of the salary increase provided for in subdivision 6 two of this section. 7 (d) The basic annual salary minimums as of June 30, 2024, as provided 8 for in the agreement, shall be increased as provided for in the agree- 9 ment, on the dates of the salary increase provided for in subdivision 10 three of this section. 11 (e) The basic annual salary minimums as of June 30, 2025, as provided 12 for in the agreement, shall be increased as provided for in the agree- 13 ment, on the dates of the salary increase provided for in subdivision 14 four of this section. 15 (f) A part-time employee who is paid on the basis of a pro-rated basic 16 annual salary and who, if employed on a full-time basis, would be eligi- 17 ble to be paid a minimum basic annual salary, shall be paid a minimum 18 basic annual salary which shall be the appropriately pro-rated amount of 19 the minimum basic annual salary that would have been paid to the employ- 20 ee had the employee been employed on a full-time basis. 21 (g) Notwithstanding the provisions of subdivision one of this section, 22 incumbents to whom the provisions of subdivisions one, two, three, and 23 four of this section apply shall receive an increase in salary as set 24 forth in subdivisions one, two, three, and four of this section or the 25 minimum basic annual salary in force, as provided for in the agreement, 26 for the rank or grade in which such incumbent serves, whichever is 27 greater. 28 (h) An incumbent promoted on or after the effective dates, appropriate 29 to the incumbent's professional obligation or the incumbent's date of 30 eligibility for salary increases, of the salary increases provided for 31 in subdivisions one, two, three, and four of this section shall receive 32 not less than the minimum basic annual salary provided for in the agree- 33 ment for the rank or grade to which the incumbent has been promoted. 34 (i) An employee hired on or after the effective dates, appropriate to 35 the employee's professional obligation or the employee's date of eligi- 36 bility for salary increases, of the salary increases provided for in 37 subdivisions one, two, three, and four of this section shall receive not 38 less than the minimum basic annual salary for the employee's rank or 39 grade provided for in the agreement on the date the employee is placed 40 in payroll status. 41 11. Part-time academic faculty minimum salary. (a) This subdivision 42 shall apply to part-time academic employees in the professional services 43 unit, except those who are paid on an hourly basis or on the basis of a 44 basic annual salary. 45 (b) Pursuant to the terms of the agreement, salary minimums shall be 46 established for part-time academic employees not paid on an hourly basis 47 or on the basis of a basic annual salary, per three credit course. The 48 credit hour equivalent for contact hours and other credit equivalencies 49 will be determined by management based on the practice at each individ- 50 ual campus. 51 (c) Effective the semester beginning after July 1, 2022, as provided 52 for in the agreement, the minimum salary for university centers shall be 53 increased to 3,750 dollars, and the minimum salary for comprehensive and 54 technology colleges shall be increased to 3,250 dollars. 55 (d) Effective the semester beginning after July 1, 2023, as provided 56 for in the agreement, the minimum salary for university centers shall beS. 7575 7 1 increased to 4,000 dollars, and the minimum salary for comprehensive and 2 technology colleges shall be increased to 3,500 dollars. 3 (e) Effective the semester beginning after July 1, 2024, as provided 4 for in the agreement, the minimum salary for university centers shall be 5 increased to 4,500 dollars, and the minimum salary for comprehensive and 6 technology colleges shall be increased to 4,000 dollars. 7 (f) Effective the semester beginning after July 1, 2025, as provided 8 for in the agreement, the minimum salary for university centers shall be 9 increased to 5,000 dollars, and the minimum salary for comprehensive and 10 technology colleges shall be increased to 4,500 dollars. 11 (g) Effective the semester beginning after July 1, 2026, as provided 12 for in the agreement, the minimum salary for university centers shall be 13 increased to 6,000 dollars, and the minimum salary for comprehensive and 14 technology colleges shall be increased to 5,500 dollars. 15 (h) Pursuant to the terms of the agreement, part-time academic employ- 16 ees who are otherwise eligible to receive an increase in salary in 17 accordance with subdivisions one, two, three, and four of this section 18 shall, if otherwise eligible, receive an increase in salary as set forth 19 in subdivisions one, two, three, and four of this section, or the appli- 20 cable part-time academic faculty minimum as set forth in this subdivi- 21 sion, whichever is greater. 22 12. Post-Graduate Year (PGY) Salary Schedules. Pursuant to the terms 23 of the agreement, employees in the professional services unit paid 24 according to the PGY Salary Schedules shall be paid according to the 25 salary schedules established and based on years of service effective 26 July 1 of 2022, 2023, 2024 and 2025. 27 13. The increases in salary payable pursuant to subdivisions one, two, 28 three, and four of this section shall apply on a pro-rated basis to 29 incumbents otherwise eligible to receive an increase in salary pursuant 30 to this section, who are paid on an hourly or per diem basis, or who 31 serve on a part-time basis or who are paid on any basis other than at an 32 annual salary rate. 33 14. Notwithstanding any of the provisions of this section, the salary 34 increases or payments provided by this section shall not apply to 35 employees deemed to be casual employees pursuant to the resolution of 36 clarification petition CP 751 brought against the state by the employee 37 organization representing the professional services unit; to extra 38 service compensation; to summer session compensation; or to compensation 39 derived from clinical practice plan arrangements; nor shall anything in 40 this section be deemed to provide any adjustment in salary or other 41 compensation of any person holding a chair established pursuant to 42 section 239 of the education law. 43 15. Inconvenience pay. Pursuant to the terms of the agreement, effec- 44 tive July 2, 2016, an eligible employee, as provided for in the agree- 45 ment, shall continue to be paid 575 dollars per year for working 4 or 46 more hours between the hours of 6:00 p.m. and 6:00 a.m. 47 16. Basic annual salary. For the purposes of this section, basic annu- 48 al salary is the amount of annual compensation payable to an employee 49 for the performance of the employee's professional obligation, as such 50 obligation is set forth in Title H, Article XI, of the policies of the 51 board of trustees of the state university of New York, from state monies 52 appropriated for such purpose. Nothing herein shall prevent increasing 53 amounts paid to incumbents of positions of the professional service in 54 the professional services unit in addition to the basic annual salary, 55 provided however, that the amounts required for such other increases and 56 the cost of fringe benefits attributable to such other increases, asS. 7575 8 1 determined by the comptroller, are made available to the state in 2 accordance with procedures established by the state university; provided 3 that the state university shall annually submit a report to the director 4 of the budget specifying aggregate amounts by campus, sources and 5 expenditure of such funds as payment for such increases. 6 17. Notwithstanding any of the foregoing provisions of this section, 7 any increase in compensation may be withheld in whole or in part from 8 any employee to whom the provisions of this section are applicable when, 9 in the opinion of the chancellor of the state university of New York and 10 the director of employee relations, such increase is not warranted or is 11 not appropriate. 12 § 3. Adjustment to salaries and hourly rates and other compensation of 13 certain eligible unit members in the collective negotiating unit desig- 14 nated as the professional services unit established pursuant to article 15 14 of the civil service law that are in lifeguard titles and who are in 16 positions designated as part of bargaining unit 68. 1. The percentage 17 increases of this subdivision shall only apply to certain eligible unit 18 members in the professional services unit that are in lifeguard titles 19 and who are in positions designated as part of bargaining unit 68. 20 (a) Effective April 1, 2022, the salary or hourly rate of certain 21 eligible unit members shall increase by 2 percent unless such individ- 22 uals received an increase in hourly rate that was effective June 22, 23 2022. 24 (b) Effective April 1, 2023, the salary or hourly rate of certain 25 eligible unit members shall increase by 3 percent. 26 (c) Effective April 1, 2024, the salary or hourly rate of certain 27 eligible unit members shall increase by 3 percent. 28 (d) Effective April 1, 2025, the salary or hourly rate of certain 29 eligible unit members shall increase by 3 percent. 30 2. In accordance with the terms of the agreement, certain eligible 31 unit members who work at least 160 hours during the season (at least 20 32 days) shall be entitled to additional compensation at their hourly rate, 33 up to a maximum of eight hours, for time worked on each of the first 34 three days during their employment in any seasonal period (April 1 to 35 September 30 or October 1 to March 31) which are observed as holidays by 36 the state. Such compensation shall be paid retroactively upon 37 completion of five weeks of work. 38 3. Notwithstanding any of the foregoing provisions of this section, 39 any increase in compensation may be withheld in whole or in part from 40 any employee to whom the provisions of this section are applicable when, 41 in the opinion of the director of employee relations and the director of 42 the budget, such increase is not warranted or is not appropriate. 43 § 4. Recall compensation for certain state officers and employees 44 within the professional services unit. 1. Notwithstanding any provision 45 of law to the contrary and to the extent that the agreement so provides, 46 full-time professional employees (a) as defined by the policies of the 47 board of trustees of the state university of New York within the profes- 48 sional services unit, who provide patient care services on a full-time 49 basis in the areas of a hospital or clinic specified in the agreement, 50 and who are eligible to accrue overtime credits, or (b) who are specif- 51 ically identified by the college president as subject to recall, shall 52 be considered to have worked a minimum of 4 hours each time they are 53 recalled to work overtime after having completed their scheduled work 54 period and left their scheduled work station. In the event any such 55 eligible employee works in excess of 4 hours upon such recall, such 56 employee shall receive overtime compensation for the hours actuallyS. 7575 9 1 worked. To the extent that the agreement so provides, any such full-time 2 professional employee identified in paragraph (a) of this subdivision 3 who is not eligible to accrue overtime credits but who is deemed eligi- 4 ble to receive recall compensation in accordance with the terms of the 5 agreement shall receive additional compensation at the rate of one and 6 one-half times the regular hourly rate of compensation for time actually 7 worked when such professional employee is recalled to work after having 8 completed the scheduled work period and left the scheduled work station, 9 but, in no case, shall such professional employee receive less than 4 10 hours of additional compensation upon recall. 11 2. In addition to eligible full-time professional employees as set 12 forth in subdivision one of this section, notwithstanding any provision 13 of law to the contrary and to the extent that the agreement so provides, 14 employees in positions at the campus specifically designated by the 15 college president, in accordance with the terms of the agreement, as 16 eligible for recall compensation, shall be considered to have worked a 17 minimum of 4 hours each time they are recalled to work overtime after 18 having completed their scheduled work period and left their scheduled 19 work station. In the event any such eligible employee works in excess of 20 4 hours upon such recall, such employee shall receive overtime compen- 21 sation for the hours actually worked. 22 3. Any employee eligible to receive compensation pursuant to this 23 section who is recalled to work more than once during a period of 4 24 hours commencing with the onset of the initial recall will not be eligi- 25 ble for more than 4 hours of compensation in any form unless more than 4 26 hours is actually worked. Any compensation paid pursuant to this section 27 shall be in addition to and not part of such employee's basic annual 28 salary, provided however, that any amounts payable pursuant to this 29 section shall be included as compensation for retirement purposes. 30 § 5. On-call compensation for certain state officers and employees in 31 the professional services unit of the state university. Notwithstanding 32 any provision of law to the contrary, any full-time professional employ- 33 ee or other employee eligible to receive compensation pursuant to 34 section four of this act, who is required to be available for immediate 35 recall and who must be prepared to return to duty within a limited peri- 36 od of time, may be granted additional compensation for each day such 37 employee is actually scheduled to remain and remains available for 38 recall. Such additional compensation shall be paid at a rate established 39 pursuant to the agreement. Such compensation shall be in addition to and 40 not part of such employee's basic annual salary, provided however, that 41 any amount payable pursuant to this section shall be included as compen- 42 sation for retirement purposes. 43 § 6. Health insurance coverage for part-time employees in the profes- 44 sional services unit of the state university. Notwithstanding any 45 provision of law to the contrary, any employee serving in a position 46 within the professional services unit of the state university who serves 47 on a part-time basis and is otherwise ineligible to receive health 48 insurance coverage may participate in the state health insurance program 49 provided that such part-time employee pays the full premium cost for the 50 coverage provided by such health insurance program. 51 § 7. There shall be a lump sum payment payable in accordance with the 52 terms of the collective bargaining agreement covering the professional 53 services unit of the state university. 54 § 8. Statewide joint labor-management committees for certain state 55 officers and employees. 1. During the period July 2, 2022 through July 56 1, 2026, there shall be a statewide joint labor-management committeeS. 7575 10 1 continued and administered pursuant to the terms of the agreement, which 2 shall have the responsibility for studying and making recommendations 3 concerning the major issues of professional development and implementing 4 such agreements which may be entered into between the state and the 5 employee organization concerning such matters. 6 2. During the period July 2, 2022 through July 1, 2026, there shall be 7 a statewide joint labor-management committee continued and administered 8 pursuant to the terms of the agreement, which shall have the responsi- 9 bility for studying and making recommendations concerning employment 10 related issues as required by provisions of the agreement and adminis- 11 tering the continuity of employment fund subject to the approval of the 12 state and the employee organization. 13 3. During the period July 2, 2022 through July 1, 2026, there shall be 14 a statewide joint labor-management committee continued and administered 15 pursuant to the terms of the agreement, which shall have the responsi- 16 bility for studying and making recommendations concerning issues of 17 safety in the workplace and implementing such agreements which may be 18 entered into between the state and the employee organization concerning 19 such matters. 20 4. During the period July 2, 2022 through July 1, 2026, there shall be 21 a statewide joint labor-management committee continued and administered 22 pursuant to the terms of the agreement, which shall have the responsi- 23 bility for studying and making recommendations concerning matters of 24 mutual interest in the areas of equal employment and affirmative action 25 concerning minorities, women, persons with disabilities and military 26 status and implementing such agreements which may be entered into 27 between the state and the employee organization concerning such matters. 28 5. During the period July 2, 2022 through July 1, 2026, there shall be 29 a statewide joint labor-management committee continued and administered 30 pursuant to the terms of the agreement, which shall have the responsi- 31 bility for studying and making recommendations concerning issues of 32 health benefits and implementing such agreements which may be entered 33 into between the state and the employee organization concerning such 34 matters. 35 6. During the period July 2, 2022 through July 1, 2026, there shall be 36 a Tripartite Redeployment Committee administered pursuant to the terms 37 of the agreement, which shall have the responsibility for reviewing and 38 discussing issues related to redeployment consideration and implementing 39 such agreements which may be entered into between the state and the 40 employee organization concerning such matters. 41 7. During the period July 2, 2022 through July 1, 2026, there shall be 42 a statewide joint labor-management committee established and adminis- 43 tered pursuant to the terms of the agreement, which shall have the 44 responsibility for studying, making recommendations and approving campus 45 grants that would benefit groups of employees at one or more campuses 46 and implementing such agreements which may be entered into between the 47 state and the employee organization concerning such matters. 48 § 9. Notwithstanding any provision of law to the contrary, the appro- 49 priations contained in this act shall be available to the state for the 50 payment of grievance and arbitration settlements and awards pursuant to 51 article 7 of the agreement. 52 § 10. The salary increases and benefit modifications, and any other 53 modifications to the terms and conditions of employment provided for by 54 this act for state employees in the professional services unit, shall 55 not be implemented until the director of employee relations has deliv- 56 ered, to the director of the budget and the comptroller, a letter thatS. 7575 11 1 there is in effect with respect to such negotiating unit a collectively 2 negotiated agreement which provides for such increases and modifications 3 and which is fully executed in writing with the state pursuant to arti- 4 cle 14 of the civil service law, and ratified pursuant to the ratifica- 5 tion procedure of the employee organization. 6 § 11. Notwithstanding any other provision of law to the contrary, 7 where, and to the extent that, the agreement so provides, an employee is 8 affected as a result of the state's exercise of its right to contract 9 out, and in the event that such affected employee obtains employment 10 with the contractor, the employee shall not be barred from accepting 11 such employment as provided for in the agreement. 12 § 12. Notwithstanding any inconsistent provision of law, where and to 13 the extent that any agreement between the state and the employee organ- 14 ization entered into pursuant to article 14 of the civil service law so 15 provides on behalf of employees in the professional services unit, 16 effective January 1, 2024, the state shall contribute an amount desig- 17 nated in such agreement and for the period covered by such agreement to 18 the accounts of such employees enrolled for dependent care deductions 19 pursuant to subdivision 7 of section 201-a of the state finance law. 20 Such amounts shall be from funds appropriated herein and shall not be 21 part of basic annual salary for overtime or retirement purposes. 22 § 13. Date of entitlement to salary or hourly rate increase. Notwith- 23 standing the provisions of this act or of any other law, the increase in 24 salary or compensation of any officer or employee provided by this act 25 shall be added to the salary or compensation of such officer or employee 26 at the beginning of that payroll period the first day of which is near- 27 est to the effective date of such increase as provided in this act, or 28 at the beginning of the earlier of two payroll periods the first days of 29 which are nearest but equally near to the effective date of such 30 increase as provided in this act, provided, however, that for the 31 purposes of determining the salary or hourly rate of such officer or 32 employee upon reclassification, reallocation, appointment, promotion, 33 transfer, demotion, reinstatement or other change of status, such salary 34 or hourly rate increase shall be deemed to be effective on the date 35 thereof as prescribed in this act, and the payment thereof pursuant to 36 this section on a date prior thereto, instead of on such effective date, 37 and shall not operate to confer any additional salary rights or benefits 38 on such officer or employee. Payment of such salary or hourly rate 39 increase may be deferred pursuant to section fourteen of this act. 40 § 14. Deferred payment of salary or hourly rate increase. Notwith- 41 standing the provisions of any other section of this act or of any other 42 law, pending payment pursuant to this act of the basic annual salaries 43 or compensation of incumbents of positions subject to this act, such 44 incumbents shall receive, as partial compensation for services rendered, 45 the rate of compensation otherwise payable in their respective posi- 46 tions. An incumbent holding a position subject to this act at any time 47 during the period from the effective dates of the salary or hourly rate 48 increases provided for in this act until the time when basic annual 49 salaries or compensation are first paid pursuant to this act for such 50 services in excess of the compensation actually received therefor, shall 51 be entitled to a lump sum payment for the difference between the salary 52 to which such incumbent is entitled for such services and the compen- 53 sation actually received therefor. Such lump sum payments shall be made 54 as soon as practicable. For the purpose of calculating retirement bene- 55 fits, the amounts paid under this act shall count as compensation earned 56 during the year or years for which it is calculated and not as compen-S. 7575 12 1 sation earned wholly in the year in which it is paid. Notwithstanding 2 any law, rule or regulation to the contrary, no member of the profes- 3 sional services unit to whom the provisions of this act apply shall be 4 entitled to, or owed, any interest or other penalty for any reason on 5 any monies due to such member pursuant to the terms of this act and the 6 terms of the agreement covering employees in the professional services 7 unit. 8 § 15. Use of appropriations. The comptroller is authorized to pay any 9 amounts required during the fiscal year commencing April 1, 2023, by the 10 provisions of this act for any state department or agency from any 11 appropriation or other funds available to such state department or agen- 12 cy for personal service or for other related employee benefits during 13 such fiscal year. To the extent that such appropriations are insuffi- 14 cient in any fund to accomplish the purposes herein set forth, the 15 director of the budget is authorized to allocate to the various depart- 16 ments and agencies, from any appropriations available in any fund, the 17 amounts necessary to pay such amounts. The aforementioned appropriations 18 shall be available for payment of any liabilities or obligations 19 incurred prior to April 1, 2023 in addition to current liabilities. 20 § 16. Payment from special or administrative funds. If the compen- 21 sation to which officers and employees of the state are otherwise enti- 22 tled is payable from a special or administrative fund or funds of the 23 state, other than the general fund or the capital projects fund of the 24 state, the increase in compensation to which such officers or employees 25 are entitled under this act shall be payable from such other fund or 26 funds in the same manner as such other compensation. If the amounts 27 appropriated or allocable from such other fund or funds are insufficient 28 to accomplish the purposes of this act, the director of the budget is 29 hereby authorized to allocate such additional sums from such other fund 30 or funds as may be necessary therefor. 31 § 17. Effect of participation in special annuity program. No employee 32 participating in a special annuity program pursuant to the provisions of 33 article 8-C of title 1 of the education law shall, by reason of an 34 increase in compensation pursuant to this act, suffer any reduction of 35 the salary adjustment to which such officer or employee would otherwise 36 be entitled by reason of participation in such program, and such salary 37 adjustment shall be based upon the salary of such officer or employee 38 without regard to the reduction authorized by said article. 39 § 18. Appropriations. Notwithstanding any provision of the state 40 finance law or any other provision of law to the contrary, the sum of 41 two hundred seventy-five million dollars ($275,000,000) is hereby appro- 42 priated in the general fund/state purposes account (10050) in miscella- 43 neous-all state departments and agencies solely for 44 apportionment/transfer by the director of the budget for use by any 45 state department or agency, including the contract colleges at Alfred 46 and Cornell, in any fund for the fiscal year beginning April 1, 2023, to 47 supplement appropriations available for personal service, other than 48 personal service, and fringe benefits, and to carry out the provisions 49 of this act. No money shall be available for expenditure from this 50 appropriation until a certificate of approval has been issued by the 51 director of the budget and a copy of such certificate or any amendment 52 thereto has been filed with the state comptroller, the chair of the 53 senate finance committee and the chair of the assembly ways and means 54 committee. The monies hereby appropriated are available for payment of 55 any liabilities or obligations incurred prior to April 1, 2023 in addi- 56 tion to liabilities or obligations associated with the fiscal yearS. 7575 13 1 commencing April 1, 2023. Notwithstanding any provision of law to the 2 contrary, this appropriation shall remain in full force and effect for 3 the payment of liabilities incurred on or before June 30, 2024. 4 § 19. The several amounts as hereinafter set forth, or so much thereof 5 as may be necessary, are hereby appropriated from the fund so designated 6 for use by any state department or agency for the fiscal year beginning 7 April 1, 2023 to supplement appropriations from each respective fund 8 available for personal service, other than personal service and fringe 9 benefits, and to carry out the provisions of this act. Notwithstanding 10 any provision of law to the contrary, the monies hereby appropriated are 11 available for payment of any liabilities or obligations incurred prior 12 to or during the period April 1, 2022 through June 30, 2024. No money 13 shall be available for expenditure from this appropriation until a 14 certificate of approval has been issued by the director of the budget 15 and a copy of such certificate or any amendment thereto has been filed 16 with the state comptroller, the chair of the senate finance committee, 17 and the chair of the assembly ways and means committee. 18 ALL STATE DEPARTMENTS AND AGENCIES 19 SPECIAL PAY BILLS 20 General Fund / State Operations 21 State Purposes Account - 003 22 Non-Personal Service 23 Joint Committee on Health Benefits 24 Statewide Labor Management Committees .......... 7,118,819 25 Employee Benefit Fund ............................ 353,000 26 § 20. This act shall take effect immediately and shall be deemed to 27 have been in full force and effect on and after July 2, 2022. Appropri- 28 ations made by this act shall remain in full force and effect for 29 liabilities incurred through June 30, 2024.
