Bill Text: NY S07845 | 2013-2014 | General Assembly | Introduced
Bill Title: Relates to terms and conditions of employment of certain nonjudicial officers and employees of the unified court system.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Passed) 2014-10-08 - SIGNED CHAP.400 [S07845 Detail]
Download: New_York-2013-S07845-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7845 I N S E N A T E June 13, 2014 ___________ Introduced by Sens. BONACIC, MARTINS, SAVINO -- (at request of the Office of Court Administration) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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 state judiciary negotiating unit. The purpose of 5 this act is to implement this agreement and any other collective 6 bargaining agreement negotiated by the unified court system with an 7 employee organization where, pursuant to section seven hereof, the chief 8 administrator of the courts has delivered a certificate to the comp- 9 troller that such collective bargaining agreement is in effect; and to 10 provide increases in compensation for nonjudicial officers and employees 11 of the unified court system not in collective negotiating units. Refer- 12 ences in this act to the unified court system's classification structure 13 shall mean the classification structure established by the chief admin- 14 istrator of the courts on May 28, 1979, as amended since that date. 15 References to the April, 2010 salary schedule shall mean the salary 16 schedule promulgated by the chief administrator of the courts pursuant 17 to subdivision (d) of section 2 of chapter 276 of the laws of 2008. 18 References to the October, 2014 salary schedule, the April, 2015 salary 19 schedule and the April, 2016 salary schedule shall mean the salary sche- 20 dules promulgated by the chief administrator pursuant to subdivisions 21 (a), (b) and (c) of section two of this act, respectively. 22 S 2. Salary schedules. The chief administrator of the courts shall 23 promulgate salary schedules, as follows: 24 (a) Effective October 1, 2014, each of the rates of pay established by 25 the April, 2010 salary schedule shall be increased as follows: 26 (1) the maximum rate for each grade shall be increased by an amount 27 equal to 2 percent thereof (and then rounded up to the nearest dollar); EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15587-02-4 S. 7845 2 1 (2) the amount of the increment for each grade shall equal one-seventh 2 of the difference (rounded up to the nearest dollar) between the maximum 3 rate for such grade, as increased by paragraph (1) of this subdivision, 4 and 102 percent of the hiring rate for such grade on the April, 2010 5 salary schedule (rounded up to the nearest dollar); 6 (3) the hiring, first, second, third, fourth, fifth and sixth year 7 rates of compensation for each grade shall equal the maximum rate for 8 such grade, as increased by paragraph (1) of this subdivision, minus 7, 9 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as 10 increased by paragraph (2) of this subdivision, respectively; 11 (4) the longevity rate for each grade shall equal the maximum rate for 12 such grade, as increased by paragraph (1) of this subdivision, plus the 13 amount of the increment for such grade; and 14 (5) the extra-longevity rate for each grade shall equal the longevity 15 rate for such grade, as increased by paragraph (4) of this subdivision, 16 plus the amount of the increment for such grade. 17 (b) Effective April 1, 2015, each of the rates of pay established by 18 the October, 2014 salary schedule shall be increased as follows: 19 (1) the maximum rate for each grade shall be increased by an amount 20 equal to 2 percent thereof (and then rounded up to the nearest dollar); 21 (2) the amount of the increment for each grade shall equal one-seventh 22 of the difference (rounded up to the nearest dollar) between the maximum 23 rate for such grade, as increased by paragraph (1) of this subdivision, 24 and 102 percent of the hiring rate for such grade on the October, 2014 25 salary schedule (rounded up to the nearest dollar); 26 (3) the hiring, first, second, third, fourth, fifth and sixth year 27 rates of compensation for each grade shall equal the maximum rate for 28 such grade, as increased by paragraph (1) of this subdivision, minus 7, 29 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as 30 increased by paragraph (2) of this subdivision, respectively; 31 (4) the longevity rate for each grade shall equal the maximum rate for 32 such grade, as increased by paragraph (1) of this subdivision, plus the 33 amount of the increment for such grade; and 34 (5) the extra-longevity rate for each grade shall equal the longevity 35 rate for such grade, as increased by paragraph (4) of this subdivision, 36 plus the amount of the increment for such grade. 37 (c) Effective April 1, 2016, each of the rates of pay established by 38 the April, 2015 salary schedule, excluding the longevity and extra-lon- 39 gevity rates for each grade on such schedule, shall be increased as 40 follows: 41 (1) the maximum rate for each grade shall be increased by an amount 42 equal to 2 percent thereof (and then rounded up to the nearest dollar); 43 (2) the amount of the increment for each grade shall equal one-seventh 44 of the difference (rounded up to the nearest dollar) between the maximum 45 rate for such grade, as increased by paragraph (1) of this subdivision, 46 and 102 percent of the hiring rate for such grade on the April, 2015 47 salary schedule (rounded up to the nearest dollar); and 48 (3) the hiring, first, second, third, fourth, fifth and sixth year 49 rates of compensation for each grade shall equal the maximum rate for 50 such grade, as increased by paragraph (1) of this subdivision, minus 7, 51 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as 52 increased by paragraph (2) of this subdivision, respectively; 53 Also effective on such date, there shall be no longevity and extra-lon- 54 gevity rates for each grade. 55 S 3. Increases in compensation for persons in allocated positions. S. 7845 3 1 (a) Each nonjudicial officer and employee of the unified court system, 2 in a position allocated to a salary grade in the unified court system's 3 classification structure that is not in any collective negotiating unit 4 established pursuant to article 14 of the civil service law or that is 5 in the state judiciary unit, or in any other collective negotiating unit 6 of nonjudicial officers and employees of the unified court system where, 7 pursuant to section seven of this act, the chief administrator of the 8 courts has delivered to the comptroller a certificate that an employee 9 organization representing nonjudicial officers and employees in such 10 unit has negotiated a collective bargaining agreement with the unified 11 court system that is in effect, shall receive increased compensation in 12 accordance with this section. Longevity payments, bonuses and increases 13 to basic annual salary, as provided in this section, shall be prorated 14 for any nonjudicial officer or employee whose position is part-time, or 15 who otherwise works part-time, and who is eligible, under the rules of 16 the chief judge of the state or an agreement between the state and an 17 employee organization pursuant to the provisions of article fourteen of 18 the civil service law, to accrue annual and sick leave credits. Longev- 19 ity payments and bonuses as provided in this section shall be in addi- 20 tion to and shall not be a part of an employee's basic annual salary; 21 provided, however, they shall be included as compensation for retirement 22 purposes. For purposes of this section: 23 (i) no nonjudicial officer or employee shall receive a full or partial 24 increment or longevity payment or bonus hereunder unless he or she shall 25 have received other than an unsatisfactory performance rating for his or 26 her services during the year immediately preceding pursuant to a 27 performance evaluation system set forth by the chief administrator or in 28 an agreement specified in section one of this act, nor shall any nonju- 29 dicial officer or employee receive a bonus provided in this section 30 where he or she, as of the date on which this act becomes a law, already 31 has received that bonus pursuant to law other than a provision of this 32 act; 33 (ii) any full or partial increment received by a nonjudicial officer 34 or employee effective April 1, 2011, April 1, 2012, April 1, 2013 or 35 April 1, 2014, pursuant to law other than a provision of this act, shall 36 not be considered when determining: 37 (A) a nonjudicial officer or employee's basic annual salary on a spec- 38 ified date; and 39 (B) whether a nonjudicial officer or employee is eligible to receive a 40 full or partial increment of the grade of his or her position on any of 41 such dates pursuant to a provision of this act; 42 (iii) service in the employ of the unified court system shall mean 43 service as a nonjudicial officer or employee in one or more courts or 44 agencies of the unified court system. In order for a nonjudicial officer 45 or employee's years of service in the employ of the unified court system 46 to be "continuous," he or she must have served the equivalent of 120 47 workdays in each of those years; and the number of years required to 48 qualify for a longevity payment or bonus hereunder must be served 49 consecutively except that they may be interrupted by one or more breaks 50 of not more than 1 year each, attributable to a period of time between 51 any separation from his or her position in the employ of the unified 52 court system and resumption of service in such employ. 53 (b) Effective April 1, 2011: 54 (1) Each such nonjudicial officer and employee who is eligible to 55 receive a full or partial increment of the grade of his or her position 56 in accordance with provisions of the judiciary law shall receive such S. 7845 4 1 full or partial increment, to be determined in accordance with the 2 April, 2010 salary schedule. 3 (2) Each such nonjudicial officer and employee in the employ of the 4 unified court system having at least 20 years of continuous service in 5 the employ of the unified court system as of the preceding March 31 6 shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less 7 than 25 years of such service as of such date; or (ii) 2,000 dollars, if 8 he or she has at least 25 but less than 30 years of such service as of 9 such date; or (iii) 2,100 dollars, if he or she has at least 30 years of 10 such service as of such date. 11 (c) Effective April 1, 2012: 12 (1) Each such nonjudicial officer and employee who is eligible to 13 receive a full or partial increment of the grade of his or her position 14 in accordance with provisions of the judiciary law shall receive such 15 full or partial increment, to be determined in accordance with the 16 April, 2010 salary schedule. 17 (2) Each such nonjudicial officer and employee in the employ of the 18 unified court system having at least 20 years of continuous service in 19 the employ of the unified court system as of the preceding March 31 20 shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less 21 than 25 years of such service as of such date; or (ii) 2,000 dollars, if 22 he or she has at least 25 but less than 30 years of such service as of 23 such date; or (iii) 2,100 dollars, if he or she has at least 30 years of 24 such service as of such date. 25 (d) Effective April 1, 2013: 26 (1) Each such nonjudicial officer and employee who is eligible to 27 receive a full or partial increment of the grade of his or her position 28 in accordance with provisions of the judiciary law shall receive such 29 full or partial increment, to be determined in accordance with the 30 April, 2010 salary schedule. 31 (2) Each such nonjudicial officer and employee in the employ of the 32 unified court system having at least 20 years of continuous service in 33 the employ of the unified court system as of the preceding March 31 34 shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less 35 than 25 years of such service as of such date; or (ii) 2,000 dollars, if 36 he or she has at least 25 but less than 30 years of such service as of 37 such date; or (iii) 2,100 dollars, if he or she has at least 30 years of 38 such service as of such date. 39 (e) Effective April 1, 2014: 40 (1) Each such nonjudicial officer and employee who is eligible to 41 receive a full or partial increment of the grade of his or her position 42 in accordance with provisions of the judiciary law shall receive such 43 full or partial increment, to be determined in accordance with the 44 April, 2010 salary schedule. 45 (2) Each such nonjudicial officer and employee in the employ of the 46 unified court system having at least 20 years of continuous service in 47 the employ of the unified court system as of the preceding March 31 48 shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less 49 than 25 years of such service as of such date; or (ii) 2,000 dollars, if 50 he or she has at least 25 but less than 30 years of such service as of 51 such date; or (iii) 2,100 dollars, if he or she has at least 30 years of 52 such service as of such date. 53 (f) Effective October 1, 2014, each such nonjudicial officer and 54 employee shall be placed in his or her grade on the October, 2014 salary 55 schedule in the manner provided as follows: S. 7845 5 1 (1) If his or her basic annual salary under the April, 2010 salary 2 schedule is identical with the hiring, first year, second year, third 3 year, fourth year, fifth year, sixth year, maximum, longevity or extra- 4 longevity rate of compensation of the grade of his or her position, that 5 basic annual salary shall be increased to the corresponding rate of 6 compensation in such grade as established by the October, 2014 salary 7 schedule; or 8 (2) If his or her basic annual salary under the April, 2010 salary 9 schedule is not identical with the hiring, first year, second year, 10 third year, fourth year, fifth year, sixth year, maximum, longevity or 11 extra-longevity rate of compensation of the grade of his or her posi- 12 tion, that basic annual salary shall be increased by an amount equaling 13 2 percent thereof (and then rounded up to the nearest dollar). 14 (g) Effective April 1, 2015: 15 (1) Each such nonjudicial officer and employee who is eligible to 16 receive a full or partial increment of the grade of his or her position 17 in accordance with provisions of the judiciary law shall receive such 18 full or partial increment, to be determined in accordance with the Octo- 19 ber, 2014 salary schedule. 20 (2) Each such nonjudicial officer and employee shall be placed in his 21 or her grade on the April, 2015 salary schedule in the manner provided 22 as follows: 23 (i) If his or her basic annual salary under the October, 2014 salary 24 schedule, including any increase pursuant to paragraph (1) of this 25 subdivision, is identical with the hiring, first year, second year, 26 third year, fourth year, fifth year, sixth year, maximum, longevity or 27 extra-longevity rate of compensation of the grade of his or her posi- 28 tion, that basic annual salary shall be increased to the corresponding 29 rate of compensation in such grade as established by the April, 2015 30 salary schedule; or 31 (ii) If his or her basic annual salary under the October, 2014 salary 32 schedule, including any increase pursuant to paragraph (1) of this 33 subdivision, is not identical with the hiring, first year, second year, 34 third year, fourth year, fifth year, sixth year, maximum, longevity or 35 extra-longevity rate of compensation of the grade of his or her posi- 36 tion, that basic annual salary shall be increased by an amount equaling 37 2 percent thereof (and then rounded up to the nearest dollar). 38 (3) Each such nonjudicial officer and employee in the employ of the 39 unified court system having at least 20 years of continuous service in 40 the employ of the unified court system as of the preceding March 31 41 shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less 42 than 25 years of such service as of such date; or (ii) 2,000 dollars, if 43 he or she has at least 25 but less than 30 years of such service as of 44 such date; or (iii) 2,100 dollars, if he or she has at least 30 years of 45 such service as of such date. 46 (h) Effective April 1, 2016: 47 (1) Each such nonjudicial officer and employee who is eligible to 48 receive a full or partial increment of the grade of his or her position 49 in accordance with provisions of the judiciary law shall receive such 50 full or partial increment, to be determined in accordance with the 51 April, 2015 salary schedule. 52 (2) Each such nonjudicial officer and employee shall be placed in his 53 or her grade on the April, 2016 salary schedule in the manner provided 54 as follows: 55 (i) If his or her basic annual salary under the April, 2015 salary 56 schedule, including any increase pursuant to paragraph (1) of this S. 7845 6 1 subdivision, is identical with the hiring, first year, second year, 2 third year, fourth year, fifth year, sixth year or maximum rate of 3 compensation of the grade of his or her position, that basic annual 4 salary shall be increased to the corresponding rate of compensation in 5 such grade as established by the April, 2016 salary schedule; or 6 (ii) If his or her basic annual salary under the April, 2015 salary 7 schedule, including any increase pursuant to paragraph (1) of this 8 subdivision, is not identical with the hiring, first year, second year, 9 third year, fourth year, fifth year, sixth year or maximum rate of 10 compensation of the grade of his or her position, that basic annual 11 salary shall be increased by an amount equaling 2 percent thereof (and 12 then rounded up to the nearest dollar). 13 (i) Effective April 1, 2016 and each April 1 thereafter, each such 14 nonjudicial officer and employee in the employ of the unified court 15 system who has completed at least 4 years of continuous service at a 16 basic annual salary rate equal to or higher than the maximum rate of the 17 employee's salary grade as of the preceding March 31 shall receive an 18 annual longevity payment equaling: (i) 2,250 dollars, if he or she has 19 completed less than 8 years of such service as of such date; or (ii) 20 4,600 dollars, if he or she has completed at least 8 but less than 13 21 years of such service as of such date; or (iii) 6,900 dollars, if he or 22 she has completed at least 13 years of such service as of such date. 23 (j) Effective March 31, 2017, each such nonjudicial officer and 24 employee in the employ of the unified court system shall receive a one- 25 time lump sum payment of 750 dollars, which shall not be added to his or 26 her basic annual salary but shall be included as compensation for 27 retirement purposes. 28 S 4. Increases in compensation for persons in unallocated positions. 29 (a) Each nonjudicial officer or employee of the unified court system 30 to whom the provisions of section three of this act would apply but for 31 the fact that he or she holds a position that is not allocated to a 32 salary grade in the unified court system's classification structure 33 shall receive increased compensation in accordance with this section. 34 Bonuses and increases to basic annual salary, as provided in this 35 section, shall be prorated for any nonjudicial officer or employee whose 36 position is part-time, or who otherwise works part-time, and who is 37 eligible, under rules of the chief judge of the state or an agreement 38 between the state and an employee organization pursuant to the 39 provisions of article 14 of the civil service law to accrue annual and 40 sick leave credits. Bonuses as provided in this section shall be in 41 addition to and shall not be a part of an employee's basic annual sala- 42 ry; provided, however, they shall be included as compensation for 43 retirement purposes. For purposes of this section: 44 (1) no nonjudicial officer or employee shall receive a bonus hereunder 45 unless he or she shall have received other than an unsatisfactory 46 performance rating for his or her services during the year immediately 47 preceding pursuant to a performance evaluation system set forth by the 48 chief administrator of the courts or in an agreement specified in 49 section one of this act, nor shall any nonjudicial officer or employee 50 receive a bonus provided in this section where he or she, as of the date 51 on which this act becomes a law, already has received that bonus pursu- 52 ant to law other than a provision of this act; and 53 (2) service in the employ of the unified court system shall mean 54 service as a nonjudicial officer or employee in one or more courts or 55 agencies of the unified court system. In order for a nonjudicial officer 56 or employee's years of service in the employ of the unified court system S. 7845 7 1 to be "continuous," he or she must have served the equivalent of 120 2 workdays in each of those years; and the number of years required to 3 qualify for a bonus hereunder must be served consecutively except that 4 they may be interrupted by one or more breaks of not more than 1 year 5 each, attributable to a period of time between any separation from his 6 or her position in the employ of the unified court system and resumption 7 of service in such employ. 8 (b) Effective April 1, 2011, each such nonjudicial officer and employ- 9 ee in the employ of the unified court system having at least 20 years of 10 continuous service in the employ of the unified court system as of the 11 preceding March 31 shall receive a bonus equaling: (i) 1,900 dollars, if 12 he or she has less than 25 years of such service as of such date; or 13 (ii) 2,000 dollars, if he or she has at least 25 but less than 30 years 14 of such service as of such date; or (iii) 2,100 dollars, if he or she 15 has at least 30 years of such service as of such date. 16 (c) Effective April 1, 2012, each such nonjudicial officer and employ- 17 ee in the employ of the unified court system having at least 20 years of 18 continuous service in the employ of the unified court system as of the 19 preceding March 31 shall receive a bonus equaling: (i) 1,900 dollars, if 20 he or she has less than 25 years of such service as of such date; or 21 (ii) 2,000 dollars, if he or she has at least 25 but less than 30 years 22 of such service as of such date; or (iii) 2,100 dollars, if he or she 23 has at least 30 years of such service as of such date. 24 (d) Effective April 1, 2013, each such nonjudicial officer and employ- 25 ee in the employ of the unified court system having at least 20 years of 26 continuous service in the employ of the unified court system as of the 27 preceding March 31 shall receive a bonus equaling: (i) 1,900 dollars, if 28 he or she has less than 25 years of such service as of such date; or 29 (ii) 2,000 dollars, if he or she has at least 25 but less than 30 years 30 of such service as of such date; or (iii) 2,100 dollars, if he or she 31 has at least 30 years of such service as of such date. 32 (e) Effective April 1, 2014, each such nonjudicial officer and employ- 33 ee in the employ of the unified court system having at least 20 years of 34 continuous service in the employ of the unified court system as of the 35 preceding March 31 shall receive a bonus equaling: (i) 1,900 dollars, if 36 he or she has less than 25 years of such service as of such date; or 37 (ii) 2,000 dollars, if he or she has at least 25 but less than 30 years 38 of such service as of such date; or (iii) 2,100 dollars, if he or she 39 has at least 30 years of such service as of such date. 40 (f) Effective October 1, 2014, the basic annual salary of each such 41 nonjudicial officer and employee shall be increased by an amount equal 42 to 2 percent thereof (and then rounded up to the nearest dollar). 43 (g) Effective April 1, 2015: 44 (1) The basic annual salary of each such nonjudicial officer and 45 employee shall be increased by an amount equal to 2 percent thereof (and 46 then rounded up to the nearest dollar). 47 (2) Each such nonjudicial officer and employee in the employ of the 48 unified court system having at least 20 years of continuous service in 49 the employ of the unified court system as of the preceding March 31 50 shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less 51 than 25 years of such service as of such date; or (ii) 2,000 dollars, if 52 he or she has at least 25 but less than 30 years of such service as of 53 such date; or (iii) 2,100 dollars, if he or she has at least 30 years of 54 such service as of such date. S. 7845 8 1 (h) Effective April 1, 2016, the basic annual salary of each such 2 nonjudicial officer and employee shall be increased by an amount equal 3 to 2 percent thereof (and then rounded up to the nearest dollar). 4 (i) Effective March 31, 2017, each such nonjudicial officer and 5 employee in the employ of the unified court system shall receive a one- 6 time lump sum payment of 750 dollars, which shall not be added to his or 7 her basic annual salary but shall be included as compensation for 8 retirement purposes. 9 S 5. Location pay. (a) Notwithstanding any other provision of law: 10 (1) Effective during the fiscal year commencing April 1, 2011 and 11 during each fiscal year commencing each April 1 thereafter, any nonjudi- 12 cial officer or employee to whom the provisions of section three or four 13 of this act apply and whose principal place of employment is in the city 14 of New York or Nassau, Suffolk, Rockland or Westchester county shall 15 receive location pay at a rate of 3,697 dollars annually; 16 (2) Effective during the fiscal year commencing April 1, 2011 and 17 during each fiscal year commencing each April 1 thereafter, any nonjudi- 18 cial officer or employee to whom the provisions of section three or four 19 of this act apply and whose principal place of employment is in Dutch- 20 ess, Putnam or Orange county shall receive location pay at a rate of 21 1,848 dollars annually; and 22 (3) Effective during the fiscal year commencing April 1, 2011 and 23 during each fiscal year commencing each April 1 thereafter, any nonjudi- 24 cial officer or employee to whom the provisions of section three or four 25 of this act apply and whose principal place of employment is in Monroe 26 county and who, on March 31, 1985, was receiving annual location pay 27 shall continue to receive location pay, at a rate of 200 dollars annual- 28 ly. 29 (b) The location pay provided in this section shall be in lieu of any 30 other location pay provided by law; except that, where a nonjudicial 31 officer or employee eligible to receive location pay pursuant to the 32 provisions of this section has received location pay during a fiscal 33 year commencing on or after April 1, 2011, pursuant to law other than a 34 provision of this act, the amount of location pay authorized by this 35 section shall be reduced by the amount of the location pay that was 36 received. 37 (c) Except as provided in subdivision (a) of this section, no nonjudi- 38 cial officer or employee to whom the provisions of section three or four 39 of this act apply shall receive location pay. Any location pay author- 40 ized hereunder shall be in addition to and shall not be a part of an 41 employee's basic annual salary and shall not impair rights or benefits 42 to which an employee may be entitled by law; provided, however, that 43 location pay shall be included as compensation for purposes of computa- 44 tion of overtime pay and for retirement purposes. Location pay, as 45 provided in this section, shall be prorated for any nonjudicial officer 46 or employee to whom the provisions of section three or four of this act 47 apply and whose position is part-time, but not compensated on a per diem 48 or hourly basis. 49 S 6. Contingent pay withholding. (a) This section shall apply only in 50 the fiscal years commencing April 1, 2015 and April 1, 2016. 51 (b) In the event that all of the itemized estimates of the annual 52 financial needs of the unified court system for a fiscal year to which 53 this section applies, as transmitted to the governor in accordance with 54 section 1 of article 7 of the constitution, do not become law, the chief 55 administrator of the courts may direct that, notwithstanding subdivision 56 1 of section 200 of the state finance law or any other provision of law S. 7845 9 1 to the contrary, in each of the last four bi-weekly payroll periods 2 commencing during such fiscal year up to one-half day's salary or wages 3 shall be withheld from each nonjudicial officer and employee to whom the 4 provisions of section three or four of this act apply. Where the chief 5 administrator directs that salary or wages be withheld hereunder, each 6 portion of a day's salary or wages so withheld from a nonjudicial offi- 7 cer or employee shall thereafter be paid to him or her when he or she 8 leaves service in the employ of the unified court system, as defined in 9 paragraph (iii) of subdivision (a) of section three of this act, at 10 rates then in effect. 11 (c) Any direction by the chief administrator pursuant to subdivision 12 (b) of this section that salary or wages be withheld must be reported to 13 the comptroller not later than January 15 of the fiscal year in which 14 such withholding will occur, with prior notice to the employee organiza- 15 tion that represents affected nonjudicial officers and employees. 16 S 7. Application of this act to nonjudicial officers and employees of 17 the unified court system in other negotiating units. In the event that, 18 on or after the date on which this section shall become law, a collec- 19 tive bargaining agreement is negotiated by the unified court system 20 pursuant to article fourteen of the civil service law with an employee 21 organization representing nonjudicial officers and employees of the 22 unified court system in a negotiating unit other than the state negoti- 23 ating unit, the chief administrator of the courts, with the agreement of 24 such employee organization, shall deliver to the comptroller a certif- 25 icate that such collective bargaining agreement is in effect where the 26 provisions of sections three, four, five and six of this act are 27 provided for therein. 28 S 8. Collective bargaining agreement required. The provisions of 29 sections three, four, five and six of this act shall not be implemented 30 for nonjudicial officers and employees in a collective negotiating unit 31 established pursuant to article fourteen of the civil service law until 32 the chief administrator of the courts shall deliver to the comptroller a 33 certificate that there is in effect with respect to such negotiating 34 unit a written collective bargaining agreement with the state pursuant 35 to article fourteen of the civil service law which provides therefor; 36 and any increase in compensation, including increases in basic annual 37 salary, increments or partial increments, bonuses, lump sum payments, or 38 longevity payments, provided by sections three, four and five of this 39 act or otherwise authorized by law: 40 (a) may be withheld in whole or in part from any nonjudicial officer 41 or employee not in a collective negotiating unit when in the opinion of 42 the chief administrator, such increase is not warranted or is not appro- 43 priate; and 44 (b) shall not preclude any other increases in compensation for such a 45 nonjudicial officer or employee as may be authorized by law. 46 S 9. Date of entitlement to salary increase. Notwithstanding the 47 provisions of this act or any other law, each increase in salary or 48 compensation for nonjudicial officers or employees provided by this act 49 shall be added to the salary or compensation of such officer or employee 50 at the beginning of the payroll period the first day of which is nearest 51 to the effective date of such increase as provided in this act; 52 provided, however, for the purposes of determining the salary of such 53 officer or employee upon reclassification, reallocation, appointment, 54 promotion, transfer, demotion, reinstatement or other change of status, 55 such salary increase shall be deemed to be effective on the date thereof 56 as prescribed in this act, and the payment thereof pursuant to this S. 7845 10 1 section on the date prior thereto instead of on such effective date, 2 shall not operate to confer any additional salary rights or benefits on 3 such officer or employee. 4 S 10. Deferred payment of salary increase. Notwithstanding the 5 provisions of this act or any other law, commencing April 1, 2011, and 6 pending payment pursuant to this act of the basic annual salaries of 7 incumbents of positions subject to this act commencing April 1, 2011, 8 such incumbents shall receive, as partial compensation for services 9 rendered, the rate of compensation otherwise payable in their respective 10 positions pursuant to law then in effect. An incumbent holding a posi- 11 tion subject to this act at any time during the period from April 1, 12 2011 until the time when basic annual salaries are first paid pursuant 13 to this act for such service in excess of the compensation actually 14 received therefor shall be entitled to a lump sum payment for the 15 difference between the salary to which such incumbent is entitled for 16 such service and the compensation actually received therefor. Such lump 17 sum payment shall be made as soon as practicable. 18 S 11. This act shall take effect immediately and shall be deemed to 19 have been in full force and effect on and after April 1, 2011.