Bill Text: NY S08092 | 2015-2016 | General Assembly | Introduced


Bill Title: Relates to the terms and conditions of employment for members of the collective negotiating unit consisting of investigators, senior investigators, and investigative specialists in the division of state police; implements an agreement covering such members of such unit; amends salary schedules for such members of such unit; relates to the employee benefit fund for members of such unit; makes an appropriation therefor; and repeals certain provisions of such laws relating thereto.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2016-07-21 - SIGNED CHAP.234 [S08092 Detail]

Download: New_York-2015-S08092-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          8092
                    IN SENATE
                                      June 12, 2016
                                       ___________
        Introduced  by  Sen.  GALLIVAN  --  (at request of the Governor) -- read
          twice and ordered printed, and when printed to  be  committed  to  the
          Committee on Rules
        AN  ACT  to amend the executive law, in relation to terms and conditions
          of employment for members of the collective negotiating unit  consist-
          ing of investigators, senior investigators, and investigative special-
          ists  in the division of state police; to amend the state finance law,
          in relation to terms and conditions of employment for members  of  the
          collective negotiating unit consisting of investigators, senior inves-
          tigators,  and  investigative  specialists  in  the  division of state
          police; to amend the executive law, in relation  to  salary  schedules
          for  such  members of such unit; in relation to implementing an agree-
          ment covering such members of such unit and in relation to the employ-
          ee benefit fund for members of  such  unit;  making  an  appropriation
          therefor; and to repeal certain provisions of such laws relating ther-
          eto
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Paragraph a of subdivision 2 of section 216 of  the  execu-
     2  tive law is REPEALED and a new paragraph a is added to read as follows:
     3    a.  Salary  schedules  for  investigators,  senior  investigators, and
     4  investigative specialists in the division of state police.
     5    (1) Effective April first, two thousand fourteen, members assigned  to
     6  the  bureau  of  criminal  investigation  and  investigative specialists
     7  appointed to the bureau by the superintendent,  shall  receive  a  basic
     8  annual salary pursuant to the following schedule:
     9                                            Senior
    10                                            Investigator   Investigator
    11  Nassau and Suffolk                        $108,280       $97,796
    12  New York City, Rockland,
    13  Westchester                               $107,996       $97,511
    14  Orange, Putnam, Dutchess                  $106,909       $96,425
    15  All other locations                       $106,707       $96,222
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12071-01-6

        S. 8092                             2
     1    (2)  Effective  April first, two thousand fifteen, members assigned to
     2  the bureau  of  criminal  investigation  and  investigative  specialists
     3  appointed  to  the  bureau  by the superintendent, shall receive a basic
     4  annual salary pursuant to the following schedule:
     5                                            Senior
     6                                            Investigator   Investigator
     7  Nassau and Suffolk                        $110,446       $99,752
     8  New York City, Rockland,
     9  Westchester                               $110,156       $99,461
    10  Orange, Putnam, Dutchess                  $109,047       $98,354
    11  All other locations                       $108,841       $98,146
    12    (3)  Effective  April first, two thousand sixteen, members assigned to
    13  the bureau  of  criminal  investigation  and  investigative  specialists
    14  appointed  to  the  bureau  by the superintendent, shall receive a basic
    15  annual salary pursuant to the following schedule:
    16                                            Senior
    17                                            Investigator   Investigator
    18  Nassau and Suffolk                        $112,103       $101,248
    19  New York City, Rockland,
    20  Westchester                               $111,808       $100,953
    21  Orange, Putnam, Dutchess                  $110,683       $99,829
    22  All other locations                       $110,474       $99,618
    23    (4) Effective April first, two thousand seventeen, members assigned to
    24  the bureau  of  criminal  investigation  and  investigative  specialists
    25  appointed  to  the  bureau  by the superintendent, shall receive a basic
    26  annual salary pursuant to the following schedule:
    27                                            Senior
    28                                            Investigator   Investigator
    29  Nassau and Suffolk                        $113,785       $102,767
    30  New York City, Rockland,
    31  Westchester                               $113,485       $102,467
    32  Orange, Putnam, Dutchess                  $112,343       $101,326
    33  All other locations                       $112,131       $101,112
    34    § 2. Paragraph b of subdivision  2  of  section  207-b  of  the  state
    35  finance  law  is  REPEALED  and  a  new  paragraph b is added to read as
    36  follows:
    37    b. Pursuant to the terms of an agreement negotiated between the execu-
    38  tive branch of the state of  New  York  and  the  employee  organization
    39  representing  the  collective  negotiating  unit  consisting of investi-
    40  gators, senior investigators, and investigative specialists in the divi-
    41  sion of state police, and upon audit and  warrant  of  the  state  comp-
    42  troller,  the  director  shall provide for the payment of monies to such
    43  employee organization  for  the  establishment  and  maintenance  of  an
    44  employee  benefit  fund established by the employee organization for the
    45  employees in the collective negotiating unit covered by the  controlling
    46  provisions  of  such agreement providing for such employee benefit fund,
    47  such amount to be determined consistent with said  agreement,  including
    48  any  and  all  monies agreed to be transferred in said agreement, and on
    49  the basis of the number of full-time annual  salaried  employees,  other
    50  than  full-time  seasonal  employees, on the payroll on March first, two
    51  thousand eleven, for payments to be made on April  first,  two  thousand
    52  eleven,  and  on  the  payroll  on March first, two thousand twelve, for
    53  payments to be made on April first,  two  thousand  twelve  and  on  the
    54  payroll  on  March first, two thousand thirteen, for payments to be made
    55  on April first, two thousand thirteen and on the payroll on March first,
    56  two thousand fourteen, for payments to be made on April first, two thou-

        S. 8092                             3
     1  sand fourteen and on the payroll on March first, two  thousand  fifteen,
     2  for  payments to be made on April first, two thousand fifteen and on the
     3  payroll on March first, two thousand sixteen for payments to be made  on
     4  April first, two thousand sixteen and on the payroll on March first, two
     5  thousand  seventeen for payments to be made on April first, two thousand
     6  seventeen. The  amount,  which  will  be  determined  pursuant  to  this
     7  section,  for  employees  who  are  paid  from special or administrative
     8  funds, other than the general fund or the capital projects fund  of  the
     9  state, will be paid from the appropriations as provided by law, in which
    10  case  the  state comptroller shall establish procedures to ensure repay-
    11  ment from said special or administrative funds. The director shall enter
    12  into an agreement with an employee organization, which  sets  forth  the
    13  specific  terms and conditions for the transmittal of monies pursuant to
    14  this section.
    15    § 3. Subdivision 2 of section 216-c of the executive law  is  REPEALED
    16  and a new subdivision 2 is added to read as follows:
    17    2. In addition to the compensation provided in subdivision one of this
    18  section, members of the collective negotiating unit consisting of inves-
    19  tigators,  senior  investigators  and  investigative  specialists in the
    20  division of state police, on the payroll on November first of each year,
    21  shall continue to receive holiday compensation, effective  April  first,
    22  two  thousand  ten, in the amount of fifteen hundred thirty-six dollars.
    23  Effective April first, two  thousand  fourteen,  such  amount  shall  be
    24  increased  to  fifteen  hundred  sixty-seven  dollars.   Effective April
    25  first, two thousand fifteen, such amount shall be increased  to  fifteen
    26  hundred  ninety-eight  dollars.  Effective  April  first,  two  thousand
    27  sixteen, such amount shall be increased to  sixteen  hundred  twenty-two
    28  dollars.  Effective  April  first,  two  thousand seventeen, such amount
    29  shall be increased to sixteen hundred forty-six dollars.  Such  payments
    30  shall  be  in addition to, and shall not be part of, the member's annual
    31  basic salary, except for the purpose of retirement, and shall be made in
    32  a separate check during the payroll period which includes December first
    33  each year.
    34    § 4. Health benefits committee. Pursuant to the terms of an  agreement
    35  negotiated between the executive branch of the state of New York and the
    36  employee  organization  representing  the  collective  negotiating  unit
    37  consisting of investigators,  senior  investigators,  and  investigative
    38  specialists  in the division of state police, during the period April 1,
    39  2011 through March 31, 2018, there shall continue to be a  committee  on
    40  health  benefits funded in the following amounts:  $5,100 for the period
    41  April 1, 2014 to March 31, 2015; $5,202 for the period April 1, 2015  to
    42  March  31,  2016; $5,280 for the period April 1, 2016 to March 31, 2017;
    43  and $5,359 for the period April 1, 2017 to March 31, 2018.  One-half  of
    44  this  amount  in each year shall be made available to the state and one-
    45  half shall be made available to the employee  organization  representing
    46  such unit.
    47    §  5. Maintenance allowance. (a) Pursuant to the terms of an agreement
    48  negotiated between the executive branch of the state of New York and the
    49  employee  organization  representing  the  collective  negotiating  unit
    50  consisting  of  investigators,  senior  investigators, and investigative
    51  specialists in the division of state police, effective  April  1,  2014,
    52  each  member of such unit shall receive three thousand two hundred twen-
    53  ty-five dollars ($3,225) as a maintenance allowance.  Effective April 1,
    54  2015, such amount shall be increased to three thousand two hundred nine-
    55  ty dollars ($3,290). Effective April  1,  2016,  such  amount  shall  be
    56  increased  to three thousand three hundred thirty-nine dollars ($3,339).

        S. 8092                             4
     1  Effective April 1, 2017, such amount shall be increased to  three  thou-
     2  sand three hundred eighty-nine dollars ($3,389).
     3    (b) Such maintenance allowance shall be paid on an annualized basis in
     4  regular  bi-weekly  paychecks. Such additional compensation, as provided
     5  in this section, shall be in addition to, and shall not be part of,  the
     6  member's  basic annual salary, and shall not affect or impair any rights
     7  or benefits to which the member may be entitled; provided, however, that
     8  such additional compensation  shall  be  included  as  compensation  for
     9  purposes of computation of overtime pay and retirement.
    10    §  6. Expertise pay. (a) Notwithstanding any other provision of law to
    11  the contrary, pursuant to the terms of an agreement  negotiated  between
    12  the executive branch of the state of New York and the employee organiza-
    13  tion representing the collective negotiating unit consisting of investi-
    14  gators, senior investigators, and investigative specialists in the divi-
    15  sion  of state police, during the period April 1, 2010 through March 31,
    16  2014, members in such collective  negotiating  unit  shall  continue  to
    17  receive  expertise  pay in the amount of twelve hundred dollars ($1,200)
    18  annually. Effective April 1, 2014, the annual payment for expertise  pay
    19  shall  be  two thousand four hundred fifty dollars ($2,450). There shall
    20  be no retroactive payment of the increases  to  expertise  pay  for  the
    21  period April 1, 2011 to March 31, 2014 under any circumstances. Pursuant
    22  to  the  agreement the entire increase of one thousand two hundred fifty
    23  dollars ($1,250) covering the period April 1, 2011 to March 31, 2014  is
    24  only payable on a prospective basis commencing with the scheduled Decem-
    25  ber 2014 payment.
    26    (b)  Such  expertise pay shall be payable to those unit members on the
    27  payroll on November 1 of each year during the pay period  that  includes
    28  December  1.  Such  additional  compensation as provided in this section
    29  shall be in addition to, and shall not be part of,  the  member's  basic
    30  annual  salary, and shall not affect or impair any rights or benefits to
    31  which the member may be entitled; provided,  however,  that  such  addi-
    32  tional  compensation  shall  be included as compensation for purposes of
    33  computation of overtime pay and as compensation for retirement.
    34    § 7. Professional development and  training  funds.  Pursuant  to  the
    35  terms  of  an  agreement  negotiated between the executive branch of the
    36  state of New York and the employee organization representing the collec-
    37  tive negotiating unit consisting of investigators, senior investigators,
    38  and investigative specialists in the division of  state  police,  during
    39  the period April 1, 2011 through March 31, 2018, there shall continue to
    40  be  a  professional  development  and  quality of working life committee
    41  funded in the following amounts: $83,538 for the period April 1, 2014 to
    42  March 31, 2015; $85,209 for the period April 1, 2015 to March 31,  2016;
    43  $86,487  for the period April 1, 2016 to March 31, 2017; $87,784 for the
    44  period April 1, 2017 to March 31, 2018 from which the tuition reimburse-
    45  ment program, the master's program, and the employee assistance  program
    46  shall be supported.
    47    §  8.  Expanded  duty  pay.  (a) Pursuant to the terms of an agreement
    48  negotiated between the executive branch of the state of New York and the
    49  employee  organization  representing  the  collective  negotiating  unit
    50  consisting  of  investigators,  senior  investigators, and investigative
    51  specialists in the division of state police, during the period April  1,
    52  2010  through  March  31, 2014, the annual payment for expanded duty pay
    53  shall continue to be  seven  thousand  four  hundred  fifty-two  dollars
    54  ($7,452).  Such  expanded  duty  pay  is  in recognition of such members
    55  expanded duties, including those related to counterterrorism  and  other
    56  post-September  11,  2001 initiatives, computer crimes, and law enforce-

        S. 8092                             5
     1  ment activities involving gambling regulation.  Effective April 1, 2014,
     2  the annual payment for expanded duty pay shall be eight  thousand  seven
     3  hundred  two  dollars ($8,702). There shall be no retroactive payment of
     4  the increases to expanded duty pay for the period April 1, 2011 to March
     5  31, 2014 under any circumstances.  Pursuant to the agreement, the entire
     6  increase of one thousand two hundred fifty dollars ($1,250) covering the
     7  period  April 1, 2011 to March 31, 2014 is only payable on a prospective
     8  basis commencing April 1, 2014.
     9    (b) Such expanded duty pay shall be annualized and paid during regular
    10  bi-weekly periods.   Such additional compensation as  provided  in  this
    11  section  shall be in addition to, and shall not be part of, the member's
    12  basic annual salary, and shall not affect or impair any rights or  bene-
    13  fits  to  which the member may be entitled; provided, however, that such
    14  additional compensation shall be included as compensation  for  purposes
    15  of computation of overtime pay and as compensation for retirement.
    16    §  9.  Supervisory responsibility pay. (a) Pursuant to the terms of an
    17  agreement negotiated between the executive branch of the  state  of  New
    18  York and the employee organization representing the collective negotiat-
    19  ing unit consisting of investigators, senior investigators, and investi-
    20  gative  specialists in the division of state police, effective March 31,
    21  2005, certain members shall continue to receive additional compensation,
    22  as prescribed in the interest arbitration award dated February  4,  2005
    23  as  modified by such agreement, when designated by the division of state
    24  police to work as a "unit coordinator", "acting senior investigator", or
    25  "acting administrative senior investigator".
    26    (b) Such additional compensation as provided in this section shall  be
    27  in  addition  to,  and  shall  not be part of, the member's basic annual
    28  salary, and shall not affect or impair any rights or benefits  to  which
    29  the  member  may  be  entitled;  provided, however, that such additional
    30  compensation shall be included  as  compensation  for  the  purposes  of
    31  computation of overtime pay and retirement.
    32    §  10.  Location compensation. (a) Notwithstanding any other provision
    33  of law to the contrary,  members  in  the  collective  negotiating  unit
    34  consisting  of  investigators,  senior  investigators, and investigative
    35  specialists in the division of state police  whose  principal  place  of
    36  employment  or, in the case of a field employee, whose official station,
    37  as determined in accordance with the  regulations  of  the  state  comp-
    38  troller,  is located in the county of Monroe, who were on the payroll on
    39  March 31, 1985, and who have received this location compensation contin-
    40  ually since then, shall continue to receive location pay at the rate  of
    41  $200  per year; provided that each such member continues to be otherwise
    42  eligible.
    43    (b) Pursuant to the terms of an agreement negotiated between the exec-
    44  utive branch of the state of New  York  and  the  employee  organization
    45  representing  the  collective  negotiating  unit  consisting of investi-
    46  gators, senior investigators, and investigative specialists in the divi-
    47  sion of state police, members of such  unit  whose  principal  place  of
    48  employment  or, in the case of a field employee, whose official station,
    49  as determined in accordance with the  regulations  of  the  state  comp-
    50  troller,  is located in the city of New York or in the counties of Rock-
    51  land, Westchester, Nassau, or Suffolk shall continue to receive location
    52  pay effective April 1, 2010 in the amount of $1,536.
    53    (c) Such location pay as provided in this section shall be  annualized
    54  and  paid  during the regular bi-weekly periods. Such compensation shall
    55  be in addition to and shall not be part of  the  member's  basic  annual
    56  salary  and  shall  not affect or impair any rights or benefits to which

        S. 8092                             6
     1  the member may be entitled; provided, however, that location  pay  shall
     2  be  included as compensation for the purposes of computation of overtime
     3  pay and retirement.
     4    §  11.  Supplemental  location  pay.  (a)  Pursuant to the terms of an
     5  agreement negotiated between the executive branch of the  state  of  New
     6  York and the employee organization representing the collective negotiat-
     7  ing unit consisting of investigators, senior investigators, and investi-
     8  gative specialists in the division of state police, members of such unit
     9  whose  principal place of employment, or, in the case of a field employ-
    10  ee, whose official station, as determined in accordance with  the  regu-
    11  lations  of the state comptroller, is located in the city of New York or
    12  in the  county  of  Putnam,  Orange,  Dutchess,  Rockland,  Westchester,
    13  Nassau,  or Suffolk shall continue to receive supplemental location pay,
    14  in addition to the location pay provided in section  ten  of  this  act,
    15  effective April 1, 2010 as follows:
    16  Orange, Putnam or Dutchess County         $1,280
    17  Rockland or Westchester County
    18  or city of New York                       $1,918
    19  Nassau or Suffolk County                  $2,239
    20  (b)  Such  supplemental location pay shall be annualized and paid during
    21  the regular bi-weekly periods. Such compensation shall be in addition to
    22  and shall not be part of the member's basic annual salary and shall  not
    23  affect or impair any rights or benefits to which the member may be enti-
    24  tled;  provided,  however,  that  supplemental  location  pay  shall  be
    25  included as compensation for the purposes of computation of overtime pay
    26  and retirement.
    27    § 12. Unused sick leave at retirement. Pursuant to  the  terms  of  an
    28  agreement  negotiated  between  the executive branch of the state of New
    29  York and the employee organization representing the collective negotiat-
    30  ing unit consisting of investigators, senior investigators, and investi-
    31  gative specialists in the division of state police, members of such unit
    32  shall continue to receive a lump sum cash payment  for  accumulated  and
    33  unused  sick leave credits standing to the employee's credit at the time
    34  of separation from service by retirement. The  amount  of  such  payment
    35  shall be determined in the following manner:
    36    (a)  Effective  April  1, 1998, the number of days of such accumulated
    37  and unused sick leave, not to exceed 300 days, less 165 days,  shall  be
    38  multiplied  by  the  member's daily rate of pay in effect at the time of
    39  separation from service by retirement.
    40    (b) The lump sum payment shall be one-fifth of  such  amount  provided
    41  for in subdivision (a) of this section.
    42    (c) Such additional compensation shall be in addition to and shall not
    43  be  part  of  the  member's basic annual salary, and shall not affect or
    44  impair any rights or benefits to  which  the  member  may  be  entitled;
    45  provided,  however,  that such additional compensation shall be included
    46  as compensation for retirement purposes.
    47    § 13. Physical fitness program. (a) Pursuant to the terms of an agree-
    48  ment negotiated between the executive branch of the state  of  New  York
    49  and  the  employee  organization representing the collective negotiating
    50  unit consisting of investigators,  senior  investigators,  and  investi-
    51  gative  specialists  in the division of state police, effective April 1,
    52  1999, a joint labor management committee  shall  be  continued  for  the
    53  purpose of evaluating the assessment, study, and testing for the fitness
    54  of  members  of  the employee organization. The division of state police

        S. 8092                             7
     1  shall administer such program through the provision of an annual  appro-
     2  priation.  Members  in the employee organization shall receive an annual
     3  fitness bonus if they satisfy the fitness requirements developed by  the
     4  division  of  state  police  during  a  fiscal  year. The amount of such
     5  fitness bonus shall be determined by the  committee  within  the  amount
     6  appropriated  therefor.   Such awards shall be paid on or about December
     7  first of each fiscal year.
     8    (b) Any amounts received pursuant to this section shall be in addition
     9  to, and shall not be a part of, the member's basic  annual  salary,  and
    10  shall  not  affect or impair, any increments or other rights or benefits
    11  to which the member may be entitled; provided, however, that any amounts
    12  received shall be included as compensation for retirement purposes.
    13    (c) The division of state police and the employee organization repres-
    14  enting such unit may agree to expend the funds appropriated on an annual
    15  basis for the physical fitness program for a mutually  agreeable  alter-
    16  nate  purpose. Pursuant to the terms of the agreement, the parties agree
    17  that the amount appropriated for this fund  for  fiscal  year  2015-2016
    18  shall  be  transferred to the employee benefit fund established pursuant
    19  to paragraph b of subdivision 2 of section 207-b of  the  state  finance
    20  law  and  the  amounts  appropriated  for  this  fund  for  fiscal years
    21  2016-2017 and 2017-2018 shall remain with the division of state  police.
    22  Effective April 1, 2018, the annual appropriation for this fund shall be
    23  transferred  to  the employee benefit fund established pursuant to para-
    24  graph b of subdivision 2 of section 207-b of the state finance law  each
    25  year unless the parties agree to expend such funds for a mutually agree-
    26  able alternate purpose.
    27    § 14. Recognized degree pay. (a) Pursuant to the terms of an agreement
    28  negotiated between the executive branch of the state of New York and the
    29  employee  organization  representing  the  collective  negotiating  unit
    30  consisting of investigators,  senior  investigators,  and  investigative
    31  specialists  in  the  division of state police, members of such unit who
    32  possess or obtain a recognized degree from an accredited and  recognized
    33  college  or  university  on  or  after  April 1, 2001, shall continue to
    34  receive a lump sum payment of $250 for an associate degree, $500  for  a
    35  bachelor's  degree,  and  $750  for a graduate degree.  Payment for such
    36  degree shall occur annually in June of each year, and shall be  for  one
    37  degree  only.    When  such  degree  is  obtained in a fiscal year, such
    38  payment shall be made as soon as  practicable  after  conferral  of  the
    39  degree.
    40    (b)  Such additional compensation as provided in this section shall be
    41  in addition to, and shall not be part  of,  the  member's  basic  annual
    42  salary,  and  shall not affect or impair any rights or benefits to which
    43  the member may be entitled;  provided,  however,  that  such  additional
    44  compensation shall be included as compensation for retirement purposes.
    45    §  15.  Short  swings.  Notwithstanding  any  provision  of law to the
    46  contrary, pursuant to the terms of an agreement negotiated  between  the
    47  executive  branch of the state of New York and the employee organization
    48  representing the collective  negotiating  unit  consisting  of  investi-
    49  gators, senior investigators, and investigative specialists in the divi-
    50  sion  of state police, effective September 1, 2016, members of this unit
    51  who are required to work short  swings  shall  receive  compensation  of
    52  thirty  dollars ($30) for each short swing they are required to work and
    53  actually work. There shall be no  short  swing  compensation  where  the
    54  short  swing  is worked at the request of, or for the convenience of the
    55  member, as determined by the division of state police. The definition of
    56  short swing shall be when there are eight  hours  or  less  between  the

        S. 8092                             8
     1  scheduled  end time of a Member's tour of duty and the start time of the
     2  next scheduled tour of duty. Such compensation shall not be  payable  if
     3  such  member's  hours of work continue from the end time of the Member's
     4  tour of duty to the commencement of the start time of the next scheduled
     5  tour of duty without interruption.
     6    §  16.  Notwithstanding any provision of law to the contrary, pursuant
     7  to the terms of an agreement negotiated between the executive branch  of
     8  the  state  of  New  York and the employee organization representing the
     9  collective negotiating unit consisting of investigators, senior investi-
    10  gators, and investigative specialists in the division of  state  police,
    11  members  of  such  unit shall receive recall overtime only in accordance
    12  with the terms of the collective bargaining agreement.
    13    § 17. Payment and publication of grievance arbitration settlements and
    14  awards.   Notwithstanding any provision of  law  to  the  contrary,  the
    15  appropriations contained in this act shall be available to the state for
    16  the  payment  and  publication  of grievance arbitration settlements and
    17  awards pursuant to article 15 of the  collective  negotiating  agreement
    18  between the state and the employee organization representing the collec-
    19  tive negotiating unit consisting of investigators, senior investigators,
    20  and  investigative  specialists  in  the  division of state police, such
    21  provisions being in effect pursuant to paragraph (e) of subdivision 1 of
    22  section 209-a of the civil service law.
    23    § 18. The compensation and benefit modifications provided for by  this
    24  act for state employees in the collective negotiating unit consisting of
    25  investigators,  senior  investigators,  and investigative specialists in
    26  the division of state police pursuant to article 14 of the civil service
    27  law shall not be implemented until the director  of  employee  relations
    28  shall have delivered to the director of the budget and the comptroller a
    29  letter certifying that there is in effect with respect to such negotiat-
    30  ing  unit  a  collective  bargaining  agreement  which provides for such
    31  compensation and benefit modifications and which is  fully  executed  in
    32  writing  with the state pursuant to article 14 of the civil service law,
    33  and ratified pursuant to the  ratification  procedure  of  the  employee
    34  organization  certified  pursuant to article 14 of the civil service law
    35  to represent such collective negotiating unit.
    36    § 19. Date of entitlement  to  salary  increase.  Notwithstanding  the
    37  provisions of this act or of any other provision of law to the contrary,
    38  the  increase  of salary or compensation of any member of the collective
    39  negotiating unit consisting of investigators, senior investigators,  and
    40  investigative  specialists  in  the division of state police provided by
    41  this act shall be added to the salary of such member at the beginning of
    42  that payroll period the first day of which is nearest to  the  effective
    43  date  of  such  increase as provided in this act, or at the beginning of
    44  the earlier of two payroll periods the first days of which  are  nearest
    45  but  equally  near to the effective date of such increase as provided in
    46  this act; provided, however, that, for the purposes of  determining  the
    47  salary  of such officer or employee upon reclassification, reallocation,
    48  appointment, promotion,  transfer,  demotion,  reinstatement,  or  other
    49  change  of  status, such salary increase shall be deemed to be effective
    50  on the date thereof as prescribed by  this  act,  with  payment  thereof
    51  pursuant  to  this  section  on a date prior thereto, instead of on such
    52  effective date, and shall not operate to confer  any  additional  salary
    53  rights  or  benefits on such officer or employee. Payment of such salary
    54  increase may be deferred pursuant to section twenty of this act.
    55    §  20.  Deferred  payment  of  salary  increase.  Notwithstanding  the
    56  provisions  of  any other section of this act or of any provision of law

        S. 8092                             9
     1  to the contrary, pending payment pursuant to this act of the basic annu-
     2  al salaries of incumbents of positions subject to this act, such  incum-
     3  bents  shall receive, as partial compensation for services rendered, the
     4  rate of compensation otherwise payable in their respective positions. An
     5  incumbent  holding a position subject to this act at any time during the
     6  period from April 1, 2011 until the time when basic annual salaries  are
     7  first  paid  pursuant  to  this  act  for such services in excess of the
     8  compensation actually received therefor, shall be entitled to a lump sum
     9  payment for the difference between the salary to which such incumbent is
    10  entitled for such service and the compensation actually received  there-
    11  for.  Such  lump  sum  payment shall be made as soon as practicable. The
    12  amounts paid under this act shall count as  compensation  earned  during
    13  the  year  or  years  for which it is calculated and not as compensation
    14  earned wholly in the year in which the lump sum is paid.
    15    § 21. Use of appropriations.  Notwithstanding  any  provision  of  the
    16  state  finance  law  or  any other provision of law to the contrary, the
    17  state comptroller is authorized to pay any amounts required by the fore-
    18  going provisions of this act. To the extent that existing appropriations
    19  available to any state department or agency in any fund are insufficient
    20  to accomplish the purposes set forth in this section,  the  director  of
    21  the  budget  is  authorized  to  allocate to the various departments and
    22  agencies, from any appropriations available in  any  fund,  the  amounts
    23  necessary  to  make  such  payments.  Any  appropriations or other funds
    24  available to any state department or agency for personal service or  for
    25  other  related employee benefits during the fiscal year commencing April
    26  1, 2011 shall be available for the payment of any liabilities  or  obli-
    27  gations  incurred  pursuant  to  the  foregoing  provisions of this act,
    28  whether prior to or during the state fiscal  year  commencing  April  1,
    29  2016.
    30    §  22.  Appropriations.  Notwithstanding  any  provision  of the state
    31  finance law or any other provision of law to the contrary,  the  several
    32  amounts as hereinafter set forth in this section are hereby appropriated
    33  from  the  funds  so designated solely for apportionment/transfer by the
    34  director of the budget for use by any state department or agency in  any
    35  fund for the fiscal year beginning April 1, 2016 to supplement appropri-
    36  ations  for  personal  service,  other  than personal service and fringe
    37  benefits, and to carry out the provisions of this act. The monies hereby
    38  appropriated are available for payment of any liabilities or obligations
    39  incurred prior to or during the state fiscal year  commencing  April  1,
    40  2011 in addition to liabilities or obligations associated with the state
    41  fiscal  year commencing April 1, 2016. For this purpose, these appropri-
    42  ations shall remain in full force and effect for the payment of  liabil-
    43  ities incurred on or before March 31, 2017.
    44             MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
    45                          STATE OPERATIONS 2016-17
    46    Special Pay Bills
    47    General Fund / State Operations
    48    State Purposes Account - 10050
    49                       PERSONAL SERVICE
    50  Personal Service .............................. 22,257,000

        S. 8092                            10
     1                      NONPERSONAL SERVICE
     2  Fringe benefits ................................ 5,343,000
     3  Health Benefits Committee ......................... 16,000
     4  Professional Development Fund .................... 256,000
     5  Employee Benefit Fund ............................ 340,000
     6  Physical Fitness Pay ............................. 454,000
     7  Contract Administration ........................... 50,000
     8    § 23. This act shall take effect immediately; provided that the direc-
     9  tor of employee relations certifies that there is in effect with respect
    10  to  the  negotiating  unit  consisting of investigators, senior investi-
    11  gators, and investigative specialists in the division of state police  a
    12  collective  bargaining agreement which provides for the compensation and
    13  benefit modifications in this act, and shall be deemed to have  been  in
    14  full force and effect on and after April 1, 2011.
          REPEAL NOTE.--
          Paragraph  a  of  subdivision  2  of section 216 of the executive law,
        repealed by section one of this act, provided salary schedules for state
        employees in  particular  titles  in  the  collective  negotiating  unit
        consisting  of investigators and senior investigators in the division of
        state police and is replaced by revised salary schedules in a new  para-
        graph  a  of  such  subdivision  2 implementing an agreement pursuant to
        Article 14 of the civil service law.
          Paragraph b of subdivision 2 of section 207-b  of  the  state  finance
        law,  repealed  by  section two of this act, provided for payments to an
        employee benefit fund for state employees in the  particular  titles  in
        the  collective  negotiating unit consisting of investigators and senior
        investigators in the division of state police and is replaced by revised
        schedule of payments to be made to such fund in a  new  paragraph  b  of
        such  subdivision  2 implementing an agreement pursuant to Article 14 of
        the civil service law.
          Subdivision 2 of section 216-c  of  the  executive  law,  repealed  by
        section  three  of  this act, provided for holiday compensation payments
        based on four days pay to eligible members of the collective negotiating
        unit consisting of investigators, senior investigators and investigative
        specialists in the division of state police and is replaced by a revised
        payment amount in a new subdivision 2 of such  section  implementing  an
        agreement pursuant to Article 14 of the civil service law.
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