Bill Text: NY S07715 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to the terms and conditions of certain nonjudiciary officers and employees in the unified court system; appropriates money therefor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-06-01 - SIGNED CHAP.72 [S07715 Detail]
Download: New_York-2017-S07715-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7715 IN SENATE February 12, 2018 ___________ Introduced by Sen. BONACIC -- (at request of the Office of Court Admin- istration) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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 a collec- 2 tive bargaining agreement has been negotiated by the unified court 3 system with an employee organization representing nonjudicial officers 4 and employees in the New York City court clerks negotiating unit. The 5 purpose of this act is to implement this agreement and any other collec- 6 tive bargaining agreement negotiated by the unified court system with an 7 employee organization where, pursuant to section three of this act, the 8 chief administrator of the courts has delivered a certificate to the 9 comptroller that such collective bargaining agreement is in effect. 10 § 2. Annual maintenance allowance. Each nonjudicial officer and 11 employee of the unit who is required by the unified court system to wear 12 an employer-approved blazer while performing the duties of his or her 13 position shall be entitled to receive an annual maintenance allowance in 14 an amount, as follows: 15 (a) for the fiscal year commencing April 1, 2018, $925; 16 (b) for the fiscal year commencing April 1, 2019, $1,000; 17 (c) for the fiscal year commencing April 1, 2020, $1,200. 18 Annual maintenance allowances as provided in this section shall be in 19 addition to and shall not be a part of an employee's basic annual sala- 20 ry; provided, however, they shall be included as compensation for 21 retirement purposes. 22 § 3. Application of this act to nonjudicial officers and employees of 23 the unified court system in other negotiating units. In the event that a 24 collective bargaining agreement is negotiated by the unified court 25 system pursuant to article fourteen of the civil service law with an 26 employee organization representing nonjudicial officers and employees of 27 the unified court system in a negotiating unit other than the New York EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD14481-01-8S. 7715 2 1 City court clerks negotiating unit, the chief administrator of the 2 courts, with the agreement of such employee organization, shall deliver 3 to the comptroller a certificate that such collective bargaining agree- 4 ment is in effect where the provisions of section two of this act are 5 provided for therein. 6 § 4. Collective bargaining agreement required. The provisions of 7 section two of this act shall not be implemented for nonjudicial offi- 8 cers and employees in a collective negotiating unit established pursuant 9 to article fourteen of the civil service law until the chief administra- 10 tor of the courts shall deliver to the comptroller a certificate that 11 there is in effect with respect to such negotiating unit a written 12 collective bargaining agreement with the state pursuant to article four- 13 teen of the civil service law which provides therefor; and any increase 14 in compensation provided by section two of this act or otherwise author- 15 ized by law, shall not preclude any other increases in compensation for 16 such a nonjudicial officer or employee as may be authorized by law. 17 § 5. Deferred payment of salary increase. Notwithstanding the 18 provisions of this act or any other law, commencing April 1, 2017, and 19 pending payment pursuant to law of the basic annual salaries of incum- 20 bents of positions subject to this act commencing April 1, 2017, such 21 incumbents shall receive, as partial compensation for services rendered, 22 the rate of compensation otherwise payable in their respective positions 23 pursuant to law then in effect. An incumbent holding a position subject 24 to this act at any time during the period from April 1, 2017 until the 25 time when basic annual salaries are first paid pursuant to this act for 26 such service in excess of the compensation actually received therefor 27 shall be entitled to a lump sum payment for the difference between the 28 salary to which such incumbent is entitled for such service and the 29 compensation actually received therefor. Such lump sum payment shall be 30 made as soon as practicable, except that such lump sum payment shall not 31 be made, nor shall any lump sum payment pursuant to any other provision 32 of law be made to any employee or former employee serving in a position 33 in the New York City court clerks negotiating unit between April 1, 2014 34 and April 1, 2017 on account of service in such position, unless the 35 legislature has appropriated twenty-eight million dollars to the admin- 36 istrative office of the courts for the express purpose of funding such 37 lump sum payments, as provided in section six of this act or some other 38 provision of law. 39 § 6. The sum of twenty-eight million dollars ($28,000,000) is hereby 40 appropriated out of any moneys in the state treasury in the general fund 41 to the credit of the state purposes account, not otherwise appropriated, 42 and made immediately available to the administrative office of the 43 courts for payment pursuant to this act of the costs and expenses there- 44 under necessary during the 2017-18 state fiscal year, including lump sum 45 payments due employees pursuant to section five of this act on account 46 of service during a state fiscal year prior to the 2017-18 fiscal year; 47 provided, however, where provisions of law require expenditures that 48 must be paid from appropriations from funds of the state other than the 49 general fund or that, by established administrative practice, are paid 50 from such funds, the chief administrator of the courts shall so certify 51 to the comptroller, and thereupon the appropriation provided in this 52 section shall be available for such expenditures. 53 § 7. This act shall take effect immediately and shall be deemed to 54 have been in full force and effect on and after April 1, 2017.
