Bill Text: NY S07857 | 2013-2014 | General Assembly | Introduced
Bill Title: Provides for the adjustment of stipends of certain incumbents in the state university of New York and designating moneys therefor; to continue a doctoral program recruitment and retention enhancement fund; to continue an employee assistance program; to continue a professional development committee; to continue a comprehensive college graduate program recruitment and retention fund; to continue a fee mitigation fund; to continue a downstate location fund; to continue a joint labor management advisory board; and to continue an accidental death benefit.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-07-22 - SIGNED CHAP.183 [S07857 Detail]
Download: New_York-2013-S07857-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 7857 A. 10116 S E N A T E - A S S E M B L Y June 15, 2014 ___________ IN SENATE -- Introduced by Sen. LAVALLE -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules IN ASSEMBLY -- Introduced by COMMITTEE ON RULES -- (at request of M. of A. Abbate) -- (at request of the Governor) -- read once and referred to the Committee on Ways and Means AN ACT to provide for the adjustment of stipends of certain incumbents in the state university of New York and designating moneys therefor; to continue a doctoral program recruitment and retention enhancement fund; to continue an employee assistance program; to continue a professional development committee; to continue a comprehensive college graduate program recruitment and retention fund; to continue a fee mitigation fund; to continue a downstate location fund; to contin- ue a joint labor management advisory board; to continue an accidental death benefit; and making an appropriation therefor THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Adjustment to stipends of certain incumbents in the state 2 university of New York. (a) The stipend as of academic year 2009-2010 3 for an incumbent of a position in the state university of New York in 4 the collective negotiating unit designated as the state university grad- 5 uate student negotiating unit in the state university of New York estab- 6 lished pursuant to article 14 of the civil service law, on September 30, 7 2009, shall be increased by two percent, rounded up to the next dollar, 8 commencing the beginning of the payroll period the first day of which is 9 nearest to October 1, 2009. "Incumbent," as referenced in this subdivi- 10 sion, shall be defined as members of the state university graduate 11 student negotiating unit established pursuant to article 14 of the civil 12 service law who were employed by the state university of New York on the 13 effective date of the increase and at the time of payment. 14 (b) The stipend as of academic year 2010-2011 for an incumbent of a 15 position in the state university of New York in the collective negotiat- 16 ing unit designated as the state university graduate student negotiating EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12100-01-4 S. 7857 2 A. 10116 1 unit in the state university of New York established pursuant to article 2 14 of the civil service law, on September 30, 2010, shall be increased 3 by three percent, rounded up to the next dollar, commencing the begin- 4 ning of the payroll period the first day of which is nearest to October 5 1, 2010. "Incumbent," as referenced in this subdivision, shall be 6 defined as members of the state university graduate student negotiating 7 unit established pursuant to article 14 of the civil service law who 8 were employed by the state university of New York on the effective date 9 of the increase and at the time of payment. 10 (c) For academic year 2011-2012, an incumbent of a position in the 11 state university of New York in the collective negotiating unit desig- 12 nated as the state university graduate student negotiating unit in the 13 state university of New York established pursuant to article 14 of the 14 civil service law, shall receive a non-recurring lump sum payment in the 15 amount of $500, at the beginning of the payroll period the first day of 16 which is nearest to October 1, 2014. "Incumbent," as referenced in this 17 subdivision, shall be defined as members of the state university gradu- 18 ate student negotiating unit established pursuant to article 14 of the 19 civil service law who were employed by the state university of New York 20 during academic year 2011-2012 (defined as the period July 2, 2011 to 21 July 1, 2012) and at the time of payment. No incumbent as defined in 22 subdivisions (a) or (b) of this section are eligible to receive this 23 non-recurring lump sum payment. Employees to whom the provisions of this 24 subdivision apply who are employed in less than full assistantships at 25 the time of payment pursuant to this section shall be entitled to a 26 non-recurring lump sum payment of $250. 27 (d) The stipend as of academic year 2014-2015 for an incumbent of a 28 position in the state university of New York in the collective negotiat- 29 ing unit designated as the state university graduate student negotiating 30 unit in the state university of New York established pursuant to article 31 14 of the civil service law, on September 30, 2014, shall be increased 32 by two percent, rounded up to the next dollar, commencing the beginning 33 of the payroll period the first day of which is nearest to October 1, 34 2014. "Incumbent," as referenced in this subdivision, shall be defined 35 as members of the state university graduate student negotiating unit 36 established pursuant to article 14 of the civil service law who were 37 employed by the state university of New York on the effective date of 38 the increase and at the time of payment. 39 (e) The stipend as of academic year 2015-2016 for an incumbent of a 40 position in the state university of New York in the collective negotiat- 41 ing unit designated as the state university graduate student negotiating 42 unit in the state university of New York established pursuant to article 43 14 of the civil service law, on September 30, 2015, shall be increased 44 by two percent, rounded up to the next dollar, commencing the beginning 45 of the payroll period the first day of which is nearest to October 1, 46 2015. "Incumbent," as referenced in this subdivision, shall be defined 47 as members of the state university graduate student negotiating unit 48 established pursuant to article 14 of the civil service law who were 49 employed by the state university of New York on the effective date of 50 the increase and at the time of payment. 51 (f) (i) This subdivision shall apply to employees in the collective 52 negotiating unit designated as the state university graduate student 53 negotiating unit in the state university of New York established pursu- 54 ant to article 14 of the civil service law. 55 (ii) The minimum stipend for academic year 2009-2010 shall increase by 56 two percent to $8,758 annually for employees on full assistantships at S. 7857 3 A. 10116 1 university center campuses effective concurrent with the effective date 2 of the increase in subdivision (a) of this section commencing the begin- 3 ning of the payroll period the first day of which is nearest to October 4 1, 2009. 5 (iii) The minimum stipend for academic year 2010-2011 shall increase 6 by three percent to be $9,021 annually for employees on full assistant- 7 ships at university center campuses effective concurrent with the effec- 8 tive date of the increase in subdivision (b) of this section commencing 9 the beginning of the payroll period the first day of which is nearest to 10 October 1, 2010. 11 (iv) The minimum stipend for academic year 2014-2015 shall increase by 12 two percent to be $9,201 annually for employees on full assistantships 13 at university center campuses effective concurrent with the effective 14 date of the increase in subdivision (d) of this section commencing the 15 beginning of the payroll period the first day of which is nearest to 16 October 1, 2014. 17 (v) The minimum stipend for academic year 2015-2016 shall increase by 18 two percent to be $9,385 annually for employees on full assistantships 19 at university center campuses effective concurrent with the effective 20 date of the increase in subdivision (e) of this section commencing the 21 beginning of the payroll period the first day of which is nearest to 22 October 1, 2015. 23 (vi) Nothing herein shall prevent the state university of New York, in 24 its discretion, from increasing amounts paid to an incumbent of a posi- 25 tion of the state university graduate student negotiating unit in the 26 state university of New York established pursuant to article 14 of the 27 civil service law in addition to the minimum stipend provided, however, 28 that the amounts required for such other increases and the cost of 29 fringe benefits attributable to such other increases, as determined by 30 the comptroller, are made available to the state in accordance with 31 procedures established by the state university of New York. 32 (g) Notwithstanding any of the foregoing provisions of this section, 33 any increase in compensation or lump sum payment may be withheld in 34 whole or in part from any employee to whom the provisions of this 35 section are applicable when, in the opinion of the chancellor of the 36 state university of New York, the director of the budget, and the direc- 37 tor of the governor's office of employee relations, such increase is not 38 warranted or is not appropriate. 39 S 2. Doctoral program recruitment and retention enhancement fund. 40 There is hereby continued, within the state university of New York, a 41 doctoral program recruitment and retention enhancement fund from the 42 amounts appropriated herein. Such fund shall be used to enhance employee 43 compensation for the purpose of recruitment and retention of new and 44 existing doctoral students in selected programs. The specific doctoral 45 programs eligible for enhanced compensation pursuant to this section 46 shall be at the discretion of the state university of New York. Pursuant 47 to the terms of the collective bargaining agreement, these funds may be 48 reallocated for use by other joint committees upon mutual agreement of 49 the parties. To be eligible for such payment, an employee must be 50 employed on or after July 2, 2014 and at the time of payment. This 51 program shall expire July 1, 2016. 52 S 3. Comprehensive college graduate program recruitment and retention 53 fund. There is hereby continued, within the state university of New 54 York, a comprehensive college graduate program recruitment and retention 55 fund from the amounts appropriated herein. Such fund shall be used to 56 enhance employee compensation for the purpose of recruitment and S. 7857 4 A. 10116 1 retention of new and existing graduate students in selected degree 2 programs. The specific graduate degree programs eligible for enhanced 3 compensation pursuant to this section shall be at the discretion of the 4 state university of New York. Pursuant to the terms of the collective 5 bargaining agreement, these funds may be reallocated for use by other 6 joint committees upon mutual agreement of the parties. To be eligible 7 for such payment, an employee must be employed on or after July 2, 2014 8 and at the time of payment. This program shall expire July 1, 2016. 9 S 4. Fee mitigation fund. There is hereby continued, within the state 10 university of New York, a fee mitigation fund from the amounts appropri- 11 ated herein. Such fund shall be used for the purpose of funding the cost 12 of various fees, including but not limited to technology fees. Pursuant 13 to the terms of the collective bargaining agreement, these funds may be 14 reallocated for use by other joint committees upon mutual agreement of 15 the parties. To be eligible for such payment, an employee must be 16 employed on or after July 2, 2014 and at the time of payment. This 17 program shall expire July 1, 2016. 18 S 5. Downstate location fund. There is hereby continued, within the 19 state university of New York, a downstate location fund from the amounts 20 appropriated herein. Such fund shall be used for the purpose of funding 21 location adjustments in the downstate area for employees whose work site 22 is New York City, Suffolk, Nassau, Rockland, Westchester, Dutchess, 23 Putnam or Orange counties. The specific location adjustments funded 24 pursuant to this section shall be at the discretion of the state univer- 25 sity of New York. Pursuant to the terms of the collective bargaining 26 agreement, these funds may be reallocated for use by other joint commit- 27 tees upon mutual agreement of the parties. To be eligible for such 28 payment, an employee must be employed on or after July 2, 2014 and at 29 the time of payment. This program shall expire July 1, 2016. 30 S 6. Joint labor management advisory board. Pursuant to the terms of 31 an agreement negotiated between the state and the employee organization 32 representing employees in the collective negotiating unit designated as 33 the state university graduate student negotiating unit in the state 34 university of New York established pursuant to article 14 of the civil 35 service law, there shall be continued a joint labor management advisory 36 board to study and make recommendations concerning issues of family 37 benefits and implement agreements that may be entered into between the 38 state and such employee organization concerning such issues within the 39 appropriations made available therefor. Pursuant to the terms of the 40 collective bargaining agreement, these funds may be reallocated for use 41 by other joint committees upon mutual agreement of the parties. 42 S 7. Employee assistance program. Pursuant to the terms of an agree- 43 ment negotiated between the state and the employee organization repres- 44 enting the collective negotiating unit designated as the state universi- 45 ty graduate student negotiating unit in the state university of New York 46 established pursuant to article 14 of the civil service law, there shall 47 be continued an employee assistance program to be administered in 48 accordance with such agreement within the appropriations made available 49 therefor. Pursuant to the terms of the collective bargaining agreement, 50 these funds may be reallocated for use by other joint committees upon 51 mutual agreement of the parties. This program shall expire July 1, 2016. 52 S 8. Professional development committee. Pursuant to the terms of an 53 agreement negotiated between the state and the employee organization 54 representing the collective negotiating unit designated as the state 55 university graduate student negotiating unit in the state university of 56 New York established pursuant to article 14 of the civil service law, S. 7857 5 A. 10116 1 there shall be continued a professional development committee to review, 2 make recommendations and implement programs for professional develop- 3 ment. Such program shall be administered in accordance with such agree- 4 ment within the appropriations made available therefor. Pursuant to the 5 terms of the collective bargaining agreement, these funds may be reallo- 6 cated for use by other joint committees upon mutual agreement of the 7 parties. This program shall expire July 1, 2016. 8 S 9. Notwithstanding any provision of law to the contrary, the appro- 9 priations contained in this act shall be available to the state for the 10 payment of grievance and arbitration settlements and awards provided for 11 in the collective negotiating agreement between the state and employee 12 organization representing the collective negotiating unit designated as 13 the state university graduate student negotiating unit in the state 14 university of New York established pursuant to article 14 of the civil 15 service law. 16 S 10. Accidental death benefit. Pursuant to the terms of an agreement 17 negotiated between the state and the employee organization representing 18 the collective negotiating unit designated as the state university grad- 19 uate student negotiating unit in the state university of New York estab- 20 lished pursuant to article 14 of the civil service law, there shall 21 continue to be a death benefit in the amount of fifty thousand dollars, 22 in the event an employee dies on or after July 2, 2007 as the result of 23 an accidental on-the-job injury and a death benefit is paid pursuant to 24 the workers' compensation law, payable by the state to the employee's 25 surviving spouse and children to whom the workers' compensation acci- 26 dental death benefit is paid, or to the employee's estate, and in the 27 same proportion as the workers' compensation accidental death benefit is 28 paid. Such program shall be administered in accordance with such agree- 29 ment within the appropriations made available therefor. 30 S 11. The stipend increases, lump sum payment and benefit modifica- 31 tions provided for by this act for state employees and any incumbent, as 32 defined by section one of this act, in the collective negotiating unit 33 designated as the state university graduate student negotiating unit in 34 the state university of New York established pursuant to article 14 of 35 the civil service law shall not be implemented until the director of 36 employee relations has delivered to the director of the budget and the 37 comptroller a letter certifying that there is in effect with respect to 38 such negotiating unit a collective negotiating agreement which provides 39 for such increases and modifications and which is ratified and fully 40 executed in writing with the state pursuant to article 14 of the civil 41 service law. 42 S 12. Date of entitlement to stipend increase. Notwithstanding the 43 provisions of this act or of any other provision of law to the contrary, 44 the stipend increase of any incumbent, as defined by section one of this 45 act, of the collective negotiating unit designated as the state univer- 46 sity graduate student negotiating unit in the state university of New 47 York established pursuant to article 14 of the civil service law, as 48 provided by this act, shall be added to the stipend of such incumbent at 49 the beginning of the payroll period the first day of which is nearest to 50 the effective date of such increase as provided in this act, or at the 51 beginning of the earlier of two payroll periods the first days of which 52 are nearest but equally near to the effective date of such increase as 53 provided in this act; provided, however, that for the purposes of deter- 54 mining the stipend of such employee upon reclassification, reallocation, 55 appointment, promotion, transfer, demotion, reinstatement or other 56 change of status, such stipend increase shall be deemed to be effective S. 7857 6 A. 10116 1 on the date thereof as prescribed by this act, and the payment thereof 2 pursuant to this section on a date prior thereto, instead of on such 3 effective date, shall not operate to confer any additional compensation 4 rights or benefits on such employee. Payment of such stipend increase 5 may be deferred pursuant to section thirteen of this act. 6 S 13. Deferred payment of stipend increase. Notwithstanding the 7 provisions of this act, or of any other provision of law to the contra- 8 ry, pending payment of stipends pursuant to this act for any incumbent, 9 as defined by section one of this act, of positions subject to this act, 10 such incumbent shall receive, as partial compensation for services 11 rendered, the stipends otherwise payable in their respective position. 12 An incumbent, as defined by section one of this act, holding a position 13 subject to this act at any time during the period from July 2, 2009, 14 until the time when stipend increases are first paid pursuant to this 15 act for such services in excess of the compensation actually received 16 therefor, shall be entitled to a lump sum payment for the difference 17 between the stipend to which such incumbent is entitled for such service 18 and the stipend actually received therefor. Such lump sum payment shall 19 be made as soon as practicable. 20 S 14. Use of appropriations. Notwithstanding any provision of the 21 state finance law or any other provision of law to the contrary, the 22 state comptroller is authorized to pay any amounts required by the fore- 23 going provisions of this act. To the extent that existing appropriations 24 available to any state department or agency in any fund are insufficient 25 to accomplish the purposes set forth in this section, the director of 26 the budget is authorized to allocate to the various departments and 27 agencies, from any appropriations available in any fund, the amounts 28 necessary to make such payments. Any appropriations or other funds 29 available to any state department or agency for personal service or for 30 other related employee benefits during the fiscal year commencing April 31 1, 2014 shall be available for the payment of any liabilities or obli- 32 gations incurred pursuant to the foregoing provisions of this act, 33 whether occurring prior to or during the state fiscal year commencing 34 April 1, 2014. 35 S 15. Notwithstanding any law to the contrary, and in accordance with 36 section 4 of the state finance law, the comptroller is hereby authorized 37 and directed to transfer, upon request of the director of the budget, up 38 to $2,695,000 from the general fund to the state university income fund 39 (345) to carry out the provisions of section sixteen of this act. 40 S 16. Appropriations. Notwithstanding any provision of the state 41 finance law or any other provision of law to the contrary, the several 42 amounts as hereinafter set forth in this section are hereby appropriated 43 from the funds so designated for use by any state department or agency 44 for the fiscal year beginning April 1, 2014 to supplement appropriations 45 from each respective fund available for personal service, other than 46 personal service and fringe benefits, and to carry out the provisions of 47 this act. Moreover, the amounts appropriated as non-personal service may 48 be sub-allocated to any state department or agency as needed. The monies 49 hereby appropriated are available for payment of any liabilities or 50 obligations incurred prior to or during the state fiscal year commencing 51 April 1, 2014 in addition to liabilities or obligations associated with 52 the state fiscal year commencing April 1, 2009. For this purpose, these 53 appropriations shall remain in full force and effect for the payment of 54 liabilities incurred on or before April 1, 2014. No money shall be 55 available for expenditure from this appropriation until a certification 56 of approval has been issued by the director such certificate or any S. 7857 7 A. 10116 1 amendment thereto has been filed with the state comptroller, the chair- 2 person of the senate finance committee, and the chairperson of the 3 assembly ways and means committee. 4 ALL STATE DEPARTMENTS AND AGENCIES 5 General Fund - State Purposes Account 6 MAINTENANCE UNDISTRIBUTED 7 Doctoral Program Recruitment and Retention Enhancement 8 Fund............................................$670,000 9 Comprehensive College Graduate Program 10 Recruitment and Retention Fund..................$196,000 11 Fee Mitigation Fund...............................$578,000 12 Downstate Location Fund...........................$351,000 13 Family Benefits Program............................$84,000 14 Statewide Professional Development Committee......$168,000 15 Employee Assistance Program........................$12,000 16 Special Revenue Funds - Other 17 State University Income Fund - 345 18 Personal Service................................$2,695,000 19 Miscellaneous Special Revenue Fund - 339 20 Personal Service...................................$28,000 21 S 17. This act shall take effect immediately and shall be deemed to 22 have been in full force and effect on and after July 2, 2009.