Bill Text: NY S08498 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to compensation, benefits and other terms and conditions of employment of certain state officers and employees; makes an appropriation therefor.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2018-06-05 - SUBSTITUTED BY A10606 [S08498 Detail]
Download: New_York-2017-S08498-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8498 IN SENATE May 9, 2018 ___________ Introduced by Sen. GOLDEN -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the civil service law, in relation to compensation, benefits and other terms and conditions of employment of certain state officers and employees; to authorize funding of joint labor management committees; to implement agreements between the state and an employee organization; making an appropriation therefor; and to repeal certain provisions of such law relating thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs 1, 2 and 3 of paragraph e of subdivision 1 of 2 section 130 of the civil service law are REPEALED and five new subpara- 3 graphs 1, 2, 3, 4 and 5 are added to read as follows: 4 (1) Effective April seventh, two thousand sixteen: 5 SG HR Step Step Step Step Step Step JR INCR JR 6 1 2 3 4 5 6 INCR 7 1 23391 24180 24969 25758 26547 27336 28125 28914 789 789 8 2 24284 25112 25940 26768 27596 28424 29252 30080 828 828 9 3 25496 26361 27226 28091 28956 29821 30686 31551 865 865 10 4 26609 27525 28441 29357 30273 31189 32105 33021 916 916 11 5 27882 28841 29800 30759 31718 32677 33636 34595 959 959 12 6 29442 30439 31436 32433 33430 34427 35424 36421 997 997 13 7 31070 32115 33160 34205 35250 36295 37340 38392 1045 1052 14 8 32822 33908 34994 36080 37166 38252 39338 40417 1086 1079 15 9 34651 35786 36921 38056 39191 40326 41461 42589 1135 1128 16 10 36633 37823 39013 40203 41393 42583 43773 44956 1190 1183 17 11 38758 40007 41256 42505 43754 45003 46252 47501 1249 1249 18 12 40975 42268 43561 44854 46147 47440 48733 50019 1293 1286 19 13 43406 44758 46110 47462 48814 50166 51518 52870 1352 1352 20 14 45918 47325 48732 50139 51546 52953 54360 55774 1407 1414 21 15 48584 50051 51518 52985 54452 55919 57386 58853 1467 1467 22 16 51305 52839 54373 55907 57441 58975 60509 62050 1534 1541 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12063-01-8S. 8498 2 1 17 54193 55814 57435 59056 60677 62298 63919 65547 1621 1628 2 18 54406 56272 58138 60004 61870 63736 65602 69182 1866 3580 3 19 57356 59300 61244 63188 65132 67076 69020 72841 1944 3821 4 20 60290 62321 64352 66383 68414 70445 72476 76484 2031 4008 5 21 63487 65603 67719 69835 71951 74067 76183 80501 2116 4318 6 22 66900 69105 71310 73515 75720 77925 80130 84707 2205 4577 7 23 70439 72733 75027 77321 79615 81909 84203 89095 2294 4892 8 24 74190 76576 78962 81348 83734 86120 88506 93659 2386 5153 9 25 78283 80769 83255 85741 88227 90713 93199 98669 2486 5470 10 26 82407 84993 87579 90165 92751 95337 97923 101577 2586 3654 11 27 86868 89592 92316 95040 97764 100488 103212 106993 2724 3781 12 28 91441 94271 97101 99931 102761 105591 108421 112307 2830 3886 13 29 96236 99173 102110 105047 107984 110921 113858 117862 2937 4004 14 30 101264 104310 107356 110402 113448 116494 119540 123647 3046 4107 15 31 106661 109822 112983 116144 119305 122466 125627 129843 3161 4216 16 32 112333 115599 118865 122131 125397 128663 131929 136259 3266 4330 17 (2) Effective April sixth, two thousand seventeen: 18 SG HR Step Step Step Step Step Step JR INCR JR 19 1 2 3 4 5 6 INCR 20 1 23859 24664 25469 26274 27079 27884 28689 29494 805 805 21 2 24770 25614 26458 27302 28146 28990 29834 30685 844 851 22 3 26006 26889 27772 28655 29538 30421 31304 32180 883 876 23 4 27141 28075 29009 29943 30877 31811 32745 33679 934 934 24 5 28440 29418 30396 31374 32352 33330 34308 35286 978 978 25 6 30031 31047 32063 33079 34095 35111 36127 37150 1016 1023 26 7 31691 32757 33823 34889 35955 37021 38087 39160 1066 1073 27 8 33478 34586 35694 36802 37910 39018 40126 41227 1108 1101 28 9 35344 36501 37658 38815 39972 41129 42286 43443 1157 1157 29 10 37366 38580 39794 41008 42222 43436 44650 45857 1214 1207 30 11 39533 40807 42081 43355 44629 45903 47177 48451 1274 1274 31 12 41795 43113 44431 45749 47067 48385 49703 51021 1318 1318 32 13 44274 45653 47032 48411 49790 51169 52548 53927 1379 1379 33 14 46836 48271 49706 51141 52576 54011 55446 56888 1435 1442 34 15 49556 51052 52548 54044 55540 57036 58532 60028 1496 1496 35 16 52331 53896 55461 57026 58591 60156 61721 63293 1565 1572 36 17 55277 56931 58585 60239 61893 63547 65201 66855 1654 1654 37 18 55494 57398 59302 61206 63110 65014 66918 70566 1904 3648 38 19 58503 60486 62469 64452 66435 68418 70401 74301 1983 3900 39 20 61496 63567 65638 67709 69780 71851 73922 78014 2071 4092 40 21 64757 66915 69073 71231 73389 75547 77705 82113 2158 4408 41 22 68238 70487 72736 74985 77234 79483 81732 86398 2249 4666 42 23 71848 74188 76528 78868 81208 83548 85888 90876 2340 4988 43 24 75674 78108 80542 82976 85410 87844 90278 95534 2434 5256 44 25 79849 82385 84921 87457 89993 92529 95065 100645 2536 5580 45 26 84055 86693 89331 91969 94607 97245 99883 103609 2638 3726 46 27 88605 91383 94161 96939 99717 102495 105273 109133 2778 3860 47 28 93270 96156 99042 101928 104814 107700 110586 114553 2886 3967 48 29 98161 101156 104151 107146 110141 113136 116131 120219 2995 4088 49 30 103289 106396 109503 112610 115717 118824 121931 126120 3107 4189 50 31 108794 112018 115242 118466 121690 124914 128138 132440 3224 4302 51 32 114580 117911 121242 124573 127904 131235 134566 138984 3331 4418 52 (3) Effective April fifth, two thousand eighteen:S. 8498 3 1 SG HR Step Step Step Step Step Step JR INCR JR 2 1 2 3 4 5 6 INCR 3 1 24336 25157 25978 26799 27620 28441 29262 30083 821 821 4 2 25265 26126 26987 27848 28709 29570 30431 31299 861 868 5 3 26526 27426 28326 29226 30126 31026 31926 32826 900 900 6 4 27684 28637 29590 30543 31496 32449 33402 34355 953 953 7 5 29009 30007 31005 32003 33001 33999 34997 35995 998 998 8 6 30632 31669 32706 33743 34780 35817 36854 37891 1037 1037 9 7 32325 33412 34499 35586 36673 37760 38847 39941 1087 1094 10 8 34148 35278 36408 37538 38668 39798 40928 42051 1130 1123 11 9 36051 37232 38413 39594 40775 41956 43137 44311 1181 1174 12 10 38113 39351 40589 41827 43065 44303 45541 46772 1238 1231 13 11 40324 41624 42924 44224 45524 46824 48124 49417 1300 1293 14 12 42631 43976 45321 46666 48011 49356 50701 52039 1345 1338 15 13 45159 46566 47973 49380 50787 52194 53601 55008 1407 1407 16 14 47773 49237 50701 52165 53629 55093 56557 58028 1464 1471 17 15 50547 52073 53599 55125 56651 58177 59703 61229 1526 1526 18 16 53378 54974 56570 58166 59762 61358 62954 64557 1596 1603 19 17 56383 58070 59757 61444 63131 64818 66505 68192 1687 1687 20 18 56604 58546 60488 62430 64372 66314 68256 71980 1942 3724 21 19 59673 61696 63719 65742 67765 69788 71811 75785 2023 3974 22 20 62726 64839 66952 69065 71178 73291 75404 79577 2113 4173 23 21 66052 68253 70454 72655 74856 77057 79258 83752 2201 4494 24 22 69603 71897 74191 76485 78779 81073 83367 88124 2294 4757 25 23 73285 75672 78059 80446 82833 85220 87607 92693 2387 5086 26 24 77187 79669 82151 84633 87115 89597 92079 97448 2482 5369 27 25 81446 84033 86620 89207 91794 94381 96968 102661 2587 5693 28 26 85736 88426 91116 93806 96496 99186 101876 105681 2690 3805 29 27 90377 93211 96045 98879 101713 104547 107381 111316 2834 3935 30 28 95135 98079 101023 103967 106911 109855 112799 116844 2944 4045 31 29 100124 103179 106234 109289 112344 115399 118454 122623 3055 4169 32 30 105355 108524 111693 114862 118031 121200 124369 128642 3169 4273 33 31 110970 114259 117548 120837 124126 127415 130704 135089 3289 4385 34 32 116872 120270 123668 127066 130464 133862 137260 141764 3398 4504 35 (4) Effective April fourth, two thousand nineteen: 36 SG HR Step Step Step Step Step Step JR INCR JR 37 1 2 3 4 5 6 INCR 38 1 24823 25660 26497 27334 28171 29008 29845 30682 837 837 39 2 25770 26649 27528 28407 29286 30165 31044 31923 879 879 40 3 27057 27975 28893 29811 30729 31647 32565 33483 918 918 41 4 28238 29210 30182 31154 32126 33098 34070 35042 972 972 42 5 29589 30607 31625 32643 33661 34679 35697 36715 1018 1018 43 6 31245 32302 33359 34416 35473 36530 37587 38651 1057 1064 44 7 32972 34081 35190 36299 37408 38517 39626 40742 1109 1116 45 8 34831 35983 37135 38287 39439 40591 41743 42895 1152 1152 46 9 36772 37976 39180 40384 41588 42792 43996 45200 1204 1204 47 10 38875 40138 41401 42664 43927 45190 46453 47709 1263 1256 48 11 41130 42456 43782 45108 46434 47760 49086 50405 1326 1319 49 12 43484 44855 46226 47597 48968 50339 51710 53081 1371 1371 50 13 46062 47497 48932 50367 51802 53237 54672 56107 1435 1435 51 14 48728 50221 51714 53207 54700 56193 57686 59186 1493 1500 52 15 51558 53114 54670 56226 57782 59338 60894 62457 1556 1563 53 16 54446 56074 57702 59330 60958 62586 64214 65849 1628 1635 54 17 57511 59231 60951 62671 64391 66111 67831 69558 1720 1727S. 8498 4 1 18 57736 59716 61696 63676 65656 67636 69616 73418 1980 3802 2 19 60866 62930 64994 67058 69122 71186 73250 77301 2064 4051 3 20 63981 66136 68291 70446 72601 74756 76911 81172 2155 4261 4 21 67373 69618 71863 74108 76353 78598 80843 85425 2245 4582 5 22 70995 73335 75675 78015 80355 82695 85035 89886 2340 4851 6 23 74751 77186 79621 82056 84491 86926 89361 94548 2435 5187 7 24 78731 81263 83795 86327 88859 91391 93923 99394 2532 5471 8 25 83075 85714 88353 90992 93631 96270 98909 104711 2639 5802 9 26 87451 90195 92939 95683 98427 101171 103915 107795 2744 3880 10 27 92185 95076 97967 100858 103749 106640 109531 113542 2891 4011 11 28 97038 100041 103044 106047 109050 112053 115056 119181 3003 4125 12 29 102126 105243 108360 111477 114594 117711 120828 125075 3117 4247 13 30 107462 110695 113928 117161 120394 123627 126860 131215 3233 4355 14 31 113189 116544 119899 123254 126609 129964 133319 137791 3355 4472 15 32 119209 122675 126141 129607 133073 136539 140005 144599 3466 4594 16 (5) Effective April second, two thousand twenty: 17 SG HR Step Step Step Step Step Step JR INCR JR 18 1 2 3 4 5 6 INCR 19 1 25319 26173 27027 27881 28735 29589 30443 31297 854 854 20 2 26285 27181 28077 28973 29869 30765 31661 32564 896 903 21 3 27598 28535 29472 30409 31346 32283 33220 34150 937 930 22 4 28803 29794 30785 31776 32767 33758 34749 35740 991 991 23 5 30181 31219 32257 33295 34333 35371 36409 37447 1038 1038 24 6 31870 32949 34028 35107 36186 37265 38344 39423 1079 1079 25 7 33631 34762 35893 37024 38155 39286 40417 41555 1131 1138 26 8 35528 36703 37878 39053 40228 41403 42578 43753 1175 1175 27 9 37507 38735 39963 41191 42419 43647 44875 46103 1228 1228 28 10 39653 40941 42229 43517 44805 46093 47381 48662 1288 1281 29 11 41953 43305 44657 46009 47361 48713 50065 51410 1352 1345 30 12 44354 45753 47152 48551 49950 51349 52748 54140 1399 1392 31 13 46983 48447 49911 51375 52839 54303 55767 57231 1464 1464 32 14 49703 51226 52749 54272 55795 57318 58841 60371 1523 1530 33 15 52589 54177 55765 57353 58941 60529 62117 63705 1588 1588 34 16 55535 57196 58857 60518 62179 63840 65501 67169 1661 1668 35 17 58661 60416 62171 63926 65681 67436 69191 70946 1755 1755 36 18 58891 60911 62931 64951 66971 68991 71011 74887 2020 3876 37 19 62083 64188 66293 68398 70503 72608 74713 78849 2105 4136 38 20 65261 67459 69657 71855 74053 76251 78449 82794 2198 4345 39 21 68720 71010 73300 75590 77880 80170 82460 87133 2290 4673 40 22 72415 74802 77189 79576 81963 84350 86737 91684 2387 4947 41 23 76246 78730 81214 83698 86182 88666 91150 96441 2484 5291 42 24 80306 82889 85472 88055 90638 93221 95804 101379 2583 5575 43 25 84737 87428 90119 92810 95501 98192 100883 106802 2691 5919 44 26 89200 91999 94798 97597 100396 103195 105994 109951 2799 3957 45 27 94029 96977 99925 102873 105821 108769 111717 115813 2948 4096 46 28 98979 102042 105105 108168 111231 114294 117357 121565 3063 4208 47 29 104169 107348 110527 113706 116885 120064 123243 127577 3179 4334 48 30 109611 112908 116205 119502 122799 126096 129393 133839 3297 4446 49 31 115453 118875 122297 125719 129141 132563 135985 140547 3422 4562 50 32 121593 125128 128663 132198 135733 139268 142803 147491 3535 4688 51 § 2. Paragraph (b) of subdivision 10 of section 130 of the civil 52 service law is REPEALED.S. 8498 5 1 § 2-a. Paragraphs (c), (d), (e), (f) and (g) of subdivision 10 of 2 section 130 of the civil service law, paragraphs (c) and (d) as amended 3 by chapter 49 of the laws of 2008 and paragraphs (e), (f) and (g) as 4 amended by chapter 111 of the laws of 2006, are amended to read as 5 follows: 6 [(c)] (b) [(i) Prior to April first two thousand ten, and notwith-7standing any inconsistent provision of law, officers and employees to8whom paragraph e of subdivision one of this section applies who, on or9after April first, two thousand four, on their anniversary date have10five or more years of continuous service as defined by paragraph (c) of11subdivision three of this section at a basic annual salary rate equal to12or in excess of the job rate or maximum salary of their salary grade,13but below the first longevity step and whose performance for the most14recent rating period was rated at least "satisfactory" or its equiv-15alent, shall have their basic annual salary increased to the first16longevity step or shall have their basic annual salary as otherwise17effective increased by eight hundred fifty dollars; or by nine hundred18fifty dollars on or after April first, two thousand seven; or by one19thousand fifty dollars on or after April first, two thousand eight; or20by one thousand one hundred fifty dollars on or after April first, two21thousand nine; or as much of that amount as will not result in the new22basic annual salary exceeding the step two longevity step. Notwithstand-23ing any inconsistent provision of law, officers and employees to whom24paragraph e of subdivision one of this section apply who, on or after25April first, two thousand four, on their anniversary date have ten or26more years of continuous service as defined by paragraph (c) of subdivi-27sion three of this section at a basic annual salary rate equal to or in28excess of the job rate or maximum salary of their salary grade, but29below the second longevity step and whose performance for the most30recent rating period was rated at least "satisfactory" or its equiv-31alent, shall have their basic annual salary increased to the second32longevity step as found in paragraph e of subdivision one of this33section. Such increases to longevity steps by eligible officers or34employees shall become effective on the first day of the payroll period35which next begins following the anniversary date which satisfies the36prescribed service requirements.37(ii) Officers] Notwithstanding any inconsistent provision of law, 38 officers and employees to whom paragraph [(e)] e of subdivision one of 39 this section [apply] applies who, on or after April first, two thousand 40 ten, on their anniversary date have five or more years of continuous 41 service as defined by paragraph (c) of subdivision three of this section 42 at a basic annual salary rate equal to or in excess of the job rate or 43 maximum salary of their salary grade, shall receive a lump sum payment 44 in the amount of one thousand two hundred fifty dollars. Effective 45 April first, two thousand nineteen, such lump sum payment shall increase 46 to one thousand five hundred dollars. Officers and employees to whom 47 paragraph e of subdivision one of this section applies who, on or after 48 April first, two thousand ten, on their anniversary date have ten or 49 more years of continuous service as defined by paragraph (c) of subdivi- 50 sion three of this section at a basic annual salary rate equal to or in 51 excess of the job rate or maximum salary of their salary grade shall 52 receive a lump sum payment in the amount of two thousand five hundred 53 dollars. Effective April First, two thousand nineteen, such lump sum 54 payment shall be increased to three thousand dollars. 55 Officers and employees to whom paragraph e of subdivision one of this 56 section applies who, on or after April first, two thousand twenty, onS. 8498 6 1 their anniversary date have fifteen or more years of continuous service 2 as defined by paragraph (c) of subdivision three of this section at a 3 basic annual salary rate equal to or in excess of the job rate or maxi- 4 mum salary of their salary grade shall receive a lump sum payment in the 5 amount of four thousand five hundred dollars. 6 Such lump sum payment shall be in addition to and not part of the 7 employee's basic annual salary, provided however that any amount payable 8 herein shall be included as compensation for overtime and retirement 9 purposes. 10 Such lump sum payment shall be payable in April of each fiscal year, 11 or as soon as practicable thereafter, for those eligible employees who 12 have achieved five or more, [or] ten or more or fifteen or more years of 13 continuous service as defined by paragraph (c) of subdivision three of 14 this section at a basic annual salary rate equal to or in excess of the 15 job rate or maximum salary of their salary grade during the period Octo- 16 ber first through March thirty-first of the previous fiscal year. Such 17 payment shall be payable in October of each fiscal year, or as soon as 18 practicable thereafter, for those eligible employees who have achieved 19 five or more, [or] ten or more or fifteen or more years of continuous 20 service as defined by paragraph (c) of subdivision three of this section 21 at a basic annual salary rate equal to or in excess of the job rate or 22 maximum salary of their salary grade during the period April first 23 through September thirtieth of that same fiscal year. All compensation 24 already included in an employee's basic annual salary [pursuant to25subparagraph (i) of this paragraph] shall remain included in such basic 26 annual salary. 27 [(d)] (c) Notwithstanding the provisions of [paragraphs] paragraph (b) 28 [and (c)] of this subdivision, officers and employees otherwise eligible 29 to receive the longevity payments provided by [paragraphs] paragraph (b) 30 [and (c)] of this subdivision who, on their eligibility date, are serv- 31 ing in a higher graded position (i) on a temporary basis or on a proba- 32 tionary or a permanent basis and subsequently fail the probationary 33 period or accept a voluntary demotion which is not a consequence or 34 settlement of a disciplinary action or are demoted as a result of the 35 abolition of positions and (ii) return to a position in a lower salary 36 grade and (iii) remain in such lower salary grade for at least six 37 payroll periods shall be eligible for such longevity payments. 38 [(e)] (d) Officers and employees to whom the provisions of this subdi- 39 vision apply who were serving at an annual salary rate in excess of the 40 job rate of their salary grade as of March thirty-first, nineteen 41 hundred eighty-five, shall be deemed to have been paid at the annual 42 salary rate equal to or above the job rate for their salary grade for a 43 period of five years for the purpose of determining fulfillment of the 44 service requirements specified in [paragraphs] paragraph (b) [and (c)] 45 of this subdivision. The provisions of this paragraph apply solely for 46 the purpose of implementation of the provisions of [paragraphs] para- 47 graph (b) [and (c)] of this subdivision. 48 [(f)] (e) Officers and employees to whom the provisions of this subdi- 49 vision apply who were serving at an annual salary rate equal to or in 50 excess of the job rate or maximum salary of the salary grade of their 51 position and who were appointed or promoted to a position of equivalent 52 or higher salary grade at an annual salary rate equal to or in excess of 53 the job rate or maximum salary of the salary grade of their position 54 shall be entitled to have such service in each such position considered 55 as eligible service in determining fulfillment of the service require-S. 8498 7 1 ments specified in [paragraphs] paragraph (b) [and (c)] of this subdivi- 2 sion. 3 [(g)] (f) Notwithstanding any foregoing provisions of this subdivision 4 to the contrary, officers and employees to whom the provisions of this 5 subdivision apply who were serving at an annual salary rate equal to or 6 in excess of the job rate or maximum salary of the salary grade of their 7 position and whose annual salary rate was subsequently less than the job 8 rate or maximum salary of their position as a result of the mechanics of 9 salary computation upon reallocation, shall, solely for the purpose of 10 [paragraphs] paragraph (b) [and (c)] of this subdivision, be entitled to 11 have service at such lower salary rate deemed to be service at the job 12 rate and considered as eligible service in determining fulfillment of 13 the service requirements specified in [paragraphs] paragraph (b) [and14(c)] of this subdivision provided the actual annual salary rate of such 15 officers or employees is equal to or in excess of the job rate on March 16 thirty-first, two thousand three, or on their anniversary dates for the 17 purpose of paragraph [(c)] (b) of this subdivision. 18 § 3. Subdivision 2 of section 131 of the civil service law is amended 19 by adding a new paragraph (j) to read as follows: 20 (j) Notwithstanding any inconsistent provision of law, officers and 21 employees to whom paragraphs a and e of subdivision one of section one 22 hundred thirty of this title apply, who are promoted, appointed or 23 otherwise advanced to a position in a higher salary shall receive the 24 percentage increase in basic annual salary as provided in this subdivi- 25 sion or a basic annual salary equal to the hiring rate of such higher 26 grade which is in effect at the time of promotion, whichever results in 27 a higher annual salary. Effective April first, two thousand twenty, for 28 the purposes of such calculation, where the terms of an agreement nego- 29 tiated pursuant to article fourteen of this chapter applicable to such 30 officers and employees so provide, the amount of longevity paid to such 31 employee being promoted, appointed or advanced shall be considered as 32 part of basic annual salary. 33 § 4. Compensation for certain state officers and employees in collec- 34 tive negotiating units. 1. The provisions of this section shall apply 35 to full-time officers and employees in the collective negotiating unit 36 designated as the rent regulation services negotiating unit. 37 2. Effective April 7, 2016, the basic annual salary of officers and 38 employees in full-time employment status on the day before such payroll 39 period shall be increased by two percent adjusted to the nearest whole 40 dollar amount. 41 3. Effective April 6, 2017, the basic annual salary of officers and 42 employees in full-time employment status on the day before such payroll 43 period shall be increased by two percent adjusted to the nearest whole 44 dollar amount. 45 4. Effective April 5, 2018, the basic annual salary of officers and 46 employees in full-time employment status on the day before such payroll 47 period shall be increased by two percent adjusted to the nearest whole 48 dollar amount. 49 5. Effective April 4, 2019, the basic annual salary of officers and 50 employees in full-time employment status on the day before such payroll 51 period shall be increased by two percent adjusted to the nearest whole 52 dollar amount. 53 6. Effective April 2, 2020, the basic annual salary of officers and 54 employees in full-time employment status on the day before such payroll 55 period shall be increased by two percent adjusted to the nearest whole 56 dollar amount.S. 8498 8 1 7. Notwithstanding the provisions of subdivisions two, three, four, 2 five and six of this section, if the basic annual salary of an officer 3 or employee to whom the provisions of this section apply is identical 4 with the hiring rate, job rate, or step 1, 2, 3, 4, 5, or 6 of the sala- 5 ry grade of his or her position on the effective dates of the increases 6 provided in these subdivisions, such basic annual salary shall be 7 increased to the hiring rate, step 1, 2, 3, 4, 5, 6, or job rate, 8 respectively, of such salary grade as contained in the appropriate sala- 9 ry schedules in subparagraphs 1, 2, 3, 4 and 5 of paragraph e of subdi- 10 vision 1 of section 130 of the civil service law, as added by section 11 one of this act, to take effect on the dates provided in subparagraphs 12 1, 2, 3, 4 and 5 of such paragraph, respectively. The increases in basic 13 annual salary provided by this subdivision shall be in lieu of any 14 increase in basic annual salary provided for in subdivisions two, three, 15 four, five and six of this section. 16 8. Advancement within salary grade. Payments pursuant to the 17 provisions of subdivision 6 of section 131 of the civil service law for 18 officers and employees entitled to such payments to whom the provisions 19 of this section apply shall be payable in accordance with the terms of 20 an agreement reached pursuant to article 14 of the civil service law 21 between the state and an employee organization representing employees in 22 the collective negotiating unit designated as the rent regulation 23 services negotiating unit. 24 9. If an unencumbered position is one which if encumbered, would be 25 subject to the provisions of this section, the salary of such position 26 shall be increased by the salary increase amounts specified in this 27 section. If a position is created, and filled by the appointment of an 28 officer or employee who is subject to the provisions of this section, 29 the salary otherwise provided for such position shall be increased in 30 the same manner as though such position had been in existence but unen- 31 cumbered. Notwithstanding the provisions of this section, the director 32 of the budget may reduce the salary of any such position which is or 33 becomes vacant. 34 10. The increases in salary provided in subdivisions two, three, four, 35 five and six of this section shall apply on a prorated basis to officers 36 and employees, otherwise eligible to receive an increase in salary, who 37 are paid on an hourly or per diem basis, employees serving on a part- 38 time or seasonal basis and employees paid on any basis other than at an 39 annual salary rate. Notwithstanding the foregoing, the provisions of 40 subdivisions seven and eight of this section shall not apply to employ- 41 ees serving on a seasonal basis, except as determined by the director of 42 the budget. 43 11. In order to provide for the officers and employees to whom this 44 section applies who are not allocated to salary grades, increases and 45 payments pursuant to subdivision eight of this section in proportion to 46 those provided to persons to whom this section applies who are allocated 47 to salary grades, the director of the budget is authorized to add appro- 48 priate adjustments and/or payments to the compensation which such offi- 49 cers and employees are otherwise entitled to receive. The director of 50 the budget shall issue certificates which shall contain schedules of 51 positions and the salaries and/or payments thereof for which adjustments 52 and/or payments are made pursuant to the provisions of this subdivision, 53 and a copy of each such certificate shall be filed with the state comp- 54 troller, the state department of civil service, the chairman of the 55 senate finance committee and the chairman of the assembly ways and means 56 committee.S. 8498 9 1 12. Notwithstanding any of the foregoing provisions of this section, 2 the provisions of this section shall not apply to officers or employees 3 paid on a fee schedule basis. 4 13. Notwithstanding any of the foregoing provisions of this section 5 except subdivision one, any increase in compensation for any officer or 6 employee appointed to a lower graded position from a redeployment list 7 pursuant to subdivision 1 of section 79 of the civil service law who 8 continues to receive his or her former salary pursuant to such subdivi- 9 sion shall be determined on the basis of such lower graded position 10 provided, however, that the increases in salary provided in subdivisions 11 two, three, four, five and six of this section shall not cause such 12 officer's or employee's salary to exceed the job rate of such lower 13 graded position. 14 14. Notwithstanding any of the foregoing provisions of this section or 15 any law to the contrary, any increase in compensation may be withheld in 16 whole or in part from any employee to whom the provisions of this 17 section are applicable when, in the opinion of the director of the budg- 18 et and the director of employee relations, such increase is not 19 warranted or is not appropriate for any reason. 20 § 5. Location compensation for certain state officers and employees in 21 collective negotiating units. Notwithstanding any inconsistent 22 provisions of law, officers and employees, including seasonal officers 23 and employees who shall receive the compensation provided for pursuant 24 to this section on a pro-rated basis, except part-time officers and 25 employees, in the collective negotiating unit designated as the rent 26 regulation services negotiating unit, whose principal place of employ- 27 ment or, in the case of a field employee, whose official station as 28 determined in accordance with the regulations of the comptroller, is 29 located in the city of New York, or in the county of Rockland, Westches- 30 ter, Nassau or Suffolk shall continue to receive a downstate adjustment 31 at the annual rate of three thousand twenty-six dollars. Such location 32 payments shall be in addition to and shall not be a part of an officer's 33 or employee's basic annual salary, and shall not affect or impair any 34 performance advancements or other rights or benefits to which an officer 35 or employee may be entitled by law, provided, however, that location 36 payments shall be included as compensation for purposes of computation 37 of overtime pay and for retirement purposes. 38 § 6. Notwithstanding any inconsistent provision of law, where and to 39 the extent that any agreement between the state and an employee organ- 40 ization entered into pursuant to article 14 of the civil service law so 41 provides on behalf of employees in the collective negotiating unit 42 designated as the rent regulation services negotiating unit, the state 43 shall contribute an amount designated in such agreement and for the 44 period covered by such agreement to the accounts of such employees 45 enrolled for dependent care deductions pursuant to subdivision 7 of 46 section 201-a of the state finance law. Such amounts shall be from funds 47 appropriated in this act and shall not be part of basic annual salary 48 for overtime or retirement purposes. 49 § 7. Notwithstanding any provision of law to the contrary, the appro- 50 priations contained in this act shall be available to the state for the 51 payment and publication of grievance and arbitration settlements and 52 awards pursuant to articles 31 and 33 of the collective negotiating 53 agreement between the state and the employee organization representing 54 the collective negotiating unit designated as the rent regulation 55 services negotiating unit.S. 8498 10 1 § 8. During the period April 2, 2016 through April 1, 2021, there 2 shall be labor-management committees continued, administered and created 3 pursuant to the terms of the agreement negotiated between the state and 4 an employee organization representing employees in the collective nego- 5 tiating unit designated as the rent regulation services negotiating unit 6 established pursuant to article 14 of the civil service law which shall, 7 after April 2, 2016, have the responsibility for discussing and attempt- 8 ing to resolve matters of mutual concern and implementing any agreements 9 reached. 10 § 9. The salary increases, benefit modifications, and any other 11 modifications to the terms and conditions of employment provided for by 12 this act for state employees in the collective negotiating unit desig- 13 nated as the rent regulations services negotiating unit established 14 pursuant to article 14 of the civil service law shall not be implemented 15 until the director of employee relations shall have delivered to the 16 director of the budget and the comptroller a letter certifying that 17 there is in effect with respect to such negotiating unit a collectively 18 negotiated agreement, ratified by the membership, which provides for 19 such increases and modifications and which are fully executed in writing 20 with the state pursuant to article 14 of the civil service law. 21 § 10. Use of appropriations. The comptroller is authorized to pay any 22 amounts required during the fiscal year commencing April 1, 2018 by the 23 foregoing provisions of this act for any state department or agency from 24 any appropriation or other funds available to such state department or 25 agency for personal service or for other related employee benefits 26 during such fiscal year. To the extent that such appropriations in any 27 fund are insufficient to accomplish the purposes herein set forth, the 28 director of the budget is authorized to allocate to the various depart- 29 ments and agencies, from any appropriations available in any fund, the 30 amounts necessary to pay such amounts. 31 § 11. Effect of participation in special annuity program. No officer 32 or employee participating in a special annuity program pursuant to the 33 provisions of article 8-C of the education law shall, by reason of an 34 increase in compensation pursuant to this act, suffer any reduction of 35 the salary adjustment to which he or she would otherwise be entitled by 36 reason of participation in such program, and such salary adjustment 37 shall be based upon the salary of such officer or employee without 38 regard to the reduction authorized by such article. 39 § 12. Deferred payment of salary increase. Notwithstanding the 40 provisions of any other section of this act, or any other law, pending 41 payment pursuant to this act of the basic annual salaries of incumbents 42 of positions subject to this act, such incumbents shall receive, as 43 partial compensation for services rendered, the rate of compensation 44 otherwise payable in their respective positions. An incumbent holding a 45 position subject to this act at any time during the period from April 1, 46 2016, until the time when basic annual salaries are first paid pursuant 47 to this act for such services in excess of the compensation actually 48 received therefor, shall be entitled to a lump sum payment for the 49 difference between the salary to which such incumbent is entitled for 50 such services and the compensation actually received therefor. Such 51 lump sum payment shall be made as soon as practicable. 52 § 13. Notwithstanding any provision of the state finance law or any 53 other provision of law to the contrary, the sum of four million five 54 hundred thousand dollars ($4,500,000) is hereby appropriated in the 55 general fund/state purposes account (10050) in miscellaneous-all state 56 departments and agencies solely for apportionment/transfer by the direc-S. 8498 11 1 tor of the budget for use by any state department or agency in any fund 2 for the fiscal year beginning April 1, 2018 through March 31, 2019 to 3 supplement appropriations for personal service, other than personal 4 service and fringe benefits, and to carry out the provisions of this 5 act. No money shall be available for expenditure from this appropriation 6 until a certificate of approval has been issued by the director of the 7 budget and a copy of such certificate or any amendment thereto has been 8 filed with the state comptroller, the chair of the senate finance 9 committee and the chair of the assembly ways and means committee. The 10 monies hereby appropriated are available for payment of any liabilities 11 or obligations incurred prior to or during the state fiscal year 12 commencing April 1, 2016 through March 31, 2019. For this purpose, these 13 appropriations shall remain in full force and effect for the payment of 14 liabilities incurred on or before March 31, 2019. 15 § 14. The several amounts as hereinafter set forth, or so much thereof 16 as may be necessary, are hereby appropriated from the fund so designated 17 for use by any state department or agency for the fiscal year beginning 18 April 1, 2018 through March 31, 2019 to supplement appropriations from 19 each respective fund available for personal service, other than personal 20 service and fringe benefits, and to carry out the provisions of this 21 act. The monies hereby appropriated are available for payment of any 22 liabilities or obligations incurred prior to or during the state fiscal 23 year commencing April 1, 2016 through March 31, 2019. No money shall be 24 available for expenditure from this appropriation until a certificate of 25 approval has been issued by the director of the budget and a copy of 26 such certificate or any amendment thereto has been filed with the state 27 comptroller, the chair of the senate finance committee, and the chair of 28 the assembly ways and means committee. 29 ALL STATE DEPARTMENTS AND AGENCIES 30 SPECIAL PAY BILLS 31 General Fund/State Operations 32 State Purposes Account - 003 33 Non-Personal Service 34 Joint Committee on Health Benefits ............... $18,000 35 Employee Assistance Program/Work-Life 36 Services ....................................... $44,000 37 Employee Development and Training ............... $201,000 38 Statewide Performance Rating Committee ............ $3,000 39 Time & Attendance Umpire Process Admin ............ $3,000 40 Disciplinary Panel Administration ................. $3,000 41 Contract Administration ........................... $3,000 42 Employee Benefit Fund ........................... $455,000 43 § 15. This act shall take effect immediately and shall be deemed to 44 have been in full force and effect on and after April 2, 2016. Appropri- 45 ations made by this act shall remain in full force and effect for 46 liabilities incurred through March 31, 2019.
