Bill Text: NY S08889 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to compensation, benefits and other terms and conditions of employment of members of the agency police services unit; relates to the employee benefit fund for certain members of the agency police services unit; implements an agreement or interest arbitration award between the state and the employee organization representing the members of the agency police services unit; makes an appropriation for the purpose of effectuating certain provisions thereof.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2020-08-07 - REFERRED TO RULES [S08889 Detail]
Download: New_York-2019-S08889-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8889 IN SENATE August 7, 2020 ___________ Introduced by Sens. GOUNARDES, SAVINO, STAVISKY -- (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 civil service law, in relation to compensation, benefits and other terms and conditions of employment of members of the agency police services unit; to amend the state finance law, in relation to the employee benefit fund for certain members of the agen- cy police services unit; to implement an agreement or interest arbi- tration award between the state and the employee organization repres- enting the members of the agency police services unit; making an appropriation for the purpose of effectuating certain provisions ther- eof; and to repeal certain provisions of the civil service law relat- ing thereto The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph h of subdivision 1 of section 130 of the civil 2 service law is REPEALED and a new paragraph h is added to read as 3 follows: 4 h. Pursuant to the terms of an agreement entered into, or an interest 5 arbitration award issued, pursuant to article fourteen of the civil 6 service law between the state and an employee organization covering 7 members of the collective negotiating unit designated as the agency 8 police services unit, effective on the dates indicated, salary grades 9 for such unit members shall be as follows: 10 (1) Effective April first, two thousand fifteen: 11 Perf. Perf. Perf. Perf. Perf. Long 12 Ad- Ad- Ad- Ad- Ad- Max. 13 Hir- vance vance vance vance vance 10 Yr 15 Yr 20 Yr 25 Yr 14 ing Step Step Step Step Step Job Perf. Long Long Long Long 15 SG Rate 1 2 3 4 5 Rate Adv. Step Step Step Step 16 1 28663 29671 30679 31687 32695 33703 34711 1008 36218 37724 40644 42151 17 2 29540 30602 31664 32726 33788 34850 35912 1062 37506 39101 42106 43703 18 3 30764 31872 32980 34088 35196 36304 37412 1108 39075 40737 43813 45477 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12056-01-0S. 8889 2 1 4 31940 33110 34280 35450 36620 37790 38960 1170 40710 42461 45619 47366 2 5 33237 34465 35693 36921 38149 39377 40605 1228 42445 44285 47537 49377 3 6 34736 36027 37318 38609 39900 41191 42482 1291 44420 46358 49710 51649 4 7 36442 37787 39132 40477 41822 43167 44512 1345 46527 48541 51969 53984 5 8 38238 39635 41032 42429 43826 45223 46620 1397 48713 50806 54312 56408 6 9 40115 41572 43029 44486 45943 47400 48857 1457 51047 53237 56836 59023 7 10 42133 43666 45199 46732 48265 49798 51331 1533 53625 55919 59621 61916 8 11 44351 45946 47541 49136 50731 52326 53921 1595 56308 58695 62497 64886 9 12 46560 48225 49890 51555 53220 54885 56550 1665 59048 61546 65458 67956 10 13 49066 50804 52542 54280 56018 57756 59494 1738 62096 64698 68714 71316 11 14 51622 53445 55268 57091 58914 60737 62560 1823 65285 68011 72151 74879 12 15 54326 56222 58118 60014 61910 63806 65702 1896 68542 71381 75634 78473 13 16 57131 59111 61091 63071 65051 67031 69011 1980 71980 74949 79327 82293 14 17 60083 62169 64255 66341 68427 70513 72599 2086 75722 78845 83380 86504 15 18 63238 65428 67618 69808 71998 74188 76378 2190 79660 82943 87642 90927 16 19 66434 68722 71010 73298 75586 77874 80162 2288 83590 87018 91857 95285 17 20 69606 71996 74386 76776 79166 81556 83946 2390 87534 91123 96119 99707 18 21 73101 75594 78087 80580 83073 85566 88059 2493 91799 95540 100- 104- 19 687 426 20 22 76762 79403 82044 84685 87326 89967 92608 2641 96562 100- 105- 109- 21 515 880 835 22 23 80663 83378 86093 88808 91523 94238 96953 2715 101- 105- 110- 114- 23 027 101 585 659 24 24 84774 87590 90406 93222 96038 98854 101- 2816 105- 110- 115- 119- 25 670 892 114 751 973 26 25 89244 92182 95120 98058 100- 103- 106- 2938 111- 115- 121- 125- 27 996 934 872 276 681 494 896 28 (2) Effective April first, two thousand sixteen: 29 Perf. Perf. Perf. Perf. Perf. Long 30 Ad- Ad- Ad- Ad- Ad- Max. 31 Hir- vance vance vance vance vance 10 Yr 15 Yr 20 Yr 25 Yr 32 ing Step Step Step Step Step Job Perf. Long Long Long Long 33 SG Rate 1 2 3 4 5 Rate Adv. Step Step Step Step 34 1 29236 30264 31292 32320 33348 34376 35404 1028 36941 38477 41456 42993 35 2 30131 31214 32297 33380 34463 35546 36629 1083 38255 39882 42947 44576 36 3 31379 32509 33639 34769 35899 37029 38159 1130 39855 41551 44688 46385 37 4 32579 33772 34965 36158 37351 38544 39737 1193 41522 43308 46529 48311 38 5 33902 35155 36408 37661 38914 40167 41420 1253 43297 45174 48491 50367 39 6 35431 36748 38065 39382 40699 42016 43333 1317 45310 47287 50706 52683 40 7 37171 38543 39915 41287 42659 44031 45403 1372 47458 49513 53009 55064 41 8 39003 40428 41853 43278 44703 46128 47553 1425 49688 51823 55399 57537 42 9 40917 42403 43889 45375 46861 48347 49833 1486 52067 54301 57972 60202 43 10 42976 44540 46104 47668 49232 50796 52360 1564 54700 57040 60816 63157 44 11 45238 46865 48492 50119 51746 53373 55000 1627 57435 59869 63748 66184 45 12 47491 49189 50887 52585 54283 55981 57679 1698 60227 62775 66765 69313 46 13 50047 51820 53593 55366 57139 58912 60685 1773 63339 65993 70089 72743 47 14 52654 54514 56374 58234 60094 61954 63814 1860 66594 69374 73597 76379 48 15 55413 57347 59281 61215 63149 65083 67017 1934 69914 72810 77148 80043 49 16 58274 60294 62314 64334 66354 68374 70394 2020 73422 76451 80916 83942 50 17 61285 63413 65541 67669 69797 71925 74053 2128 77238 80424 85050 88236 51 18 64503 66737 68971 71205 73439 75673 77907 2234 81255 84603 89396 92747 52 19 67763 70097 72431 74765 77099 79433 81767 2334 85264 88760 93696 97192 53 20 70998 73436 75874 78312 80750 83188 85626 2438 89286 92947 98042 101-S. 8889 3 1 702 2 21 74563 77106 79649 82192 84735 87278 89821 2543 93636 97452 102- 106- 3 702 515 4 22 78297 80991 83685 86379 89073 91767 94461 2694 98494 102- 107- 112- 5 526 998 033 6 23 82276 85045 87814 90583 93352 96121 98890 2769 103- 107- 112- 116- 7 045 201 795 950 8 24 86469 89341 92213 95085 97957 100- 103- 2872 108- 112- 118- 122- 9 829 701 007 314 064 370 10 25 91029 94026 97023 100- 103- 106- 109- 2997 113- 117- 123- 128- 11 020 017 014 011 503 996 925 415 12 (3) Effective April first, two thousand seventeen: 13 Perf. Perf. Perf. Perf. Perf. Long 14 Ad- Ad- Ad- Ad- Ad- Max. 15 Hir- vance vance vance vance vance 10 Yr 15 Yr 20 Yr 25 Yr 16 ing Step Step Step Step Step Job Perf. Long Long Long Long 17 SG Rate 1 2 3 4 5 Rate Adv. Step Step Step Step 18 1 29821 30870 31919 32968 34017 35066 36115 1049 37683 39249 42288 43856 19 2 30734 31839 32944 34049 35154 36259 37364 1105 39023 40682 43808 45470 20 3 32007 33160 34313 35466 36619 37772 38925 1153 40655 42385 45585 47316 21 4 33231 34448 35665 36882 38099 39316 40533 1217 42354 44175 47461 49278 22 5 34580 35858 37136 38414 39692 40970 42248 1278 44163 46077 49460 51374 23 6 36140 37483 38826 40169 41512 42855 44198 1343 46215 48231 51718 53735 24 7 37914 39314 40714 42114 43514 44914 46314 1400 48410 50506 54072 56168 25 8 39783 41237 42691 44145 45599 47053 48507 1454 50685 52862 56510 58691 26 9 41735 43251 44767 46283 47799 49315 50831 1516 53110 55388 59133 61407 27 10 43836 45431 47026 48621 50216 51811 53406 1595 55793 58180 62031 64419 28 11 46143 47803 49463 51123 52783 54443 56103 1660 58587 61069 65026 67511 29 12 48441 50173 51905 53637 55369 57101 58833 1732 61432 64031 68101 70700 30 13 51048 52857 54666 56475 58284 60093 61902 1809 64609 67316 71494 74201 31 14 53707 55604 57501 59398 61295 63192 65089 1897 67925 70760 75068 77905 32 15 56521 58494 60467 62440 64413 66386 68359 1973 71314 74268 78693 81646 33 16 59439 61500 63561 65622 67683 69744 71805 2061 74894 77983 82537 85624 34 17 62511 64682 66853 69024 71195 73366 75537 2171 78786 82035 86754 90004 35 18 65793 68072 70351 72630 74909 77188 79467 2279 82882 86297 91186 94604 36 19 69118 71499 73880 76261 78642 81023 83404 2381 86971 90537 95572 99138 37 20 72418 74905 77392 79879 82366 84853 87340 2487 91073 94807 100- 103- 38 004 738 39 21 76054 78648 81242 83836 86430 89024 91618 2594 95509 99402 104- 108- 40 757 646 41 22 79863 82611 85359 88107 90855 93603 96351 2748 100- 104- 110- 114- 42 465 577 159 274 43 23 83922 86746 89570 92394 95218 98042 100- 2824 105- 109- 115- 119- 44 866 104 343 049 287 45 24 88198 91128 94058 96988 99918 102- 105- 2930 110- 114- 120- 124- 46 848 778 170 563 428 820 47 25 92850 95907 98964 102- 105- 108- 111- 3057 115- 120- 126- 130- 48 021 078 135 192 774 357 404 984 49 (4) Effective April first, two thousand eighteen: 50 Perf. Perf. Perf. Perf. Perf. Long 51 Ad- Ad- Ad- Ad- Ad- Max. 52 Hir- vance vance vance vance vance 10 Yr 15 Yr 20 Yr 25 YrS. 8889 4 1 ing Step Step Step Step Step Job Perf. Long Long Long Long 2 SG Rate 1 2 3 4 5 Rate Adv. Step Step Step Step 3 1 30417 31487 32557 33627 34697 35767 36837 1070 38436 40034 43133 44733 4 2 31349 32476 33603 34730 35857 36984 38111 1127 39803 41495 44684 46379 5 3 32647 33823 34999 36175 37351 38527 39703 1176 41468 43232 46496 48262 6 4 33896 35137 36378 37619 38860 40101 41342 1241 43199 45057 48409 50262 7 5 35272 36576 37880 39184 40488 41792 43096 1304 45049 47002 50452 52405 8 6 36863 38233 39603 40973 42343 43713 45083 1370 47140 49197 52753 54811 9 7 38672 40100 41528 42956 44384 45812 47240 1428 49378 51516 55153 57291 10 8 40579 42062 43545 45028 46511 47994 49477 1483 51699 53919 57640 59865 11 9 42570 44116 45662 47208 48754 50300 51846 1546 54171 56494 60314 62634 12 10 44713 46340 47967 49594 51221 52848 54475 1627 56910 59344 63273 65708 13 11 47066 48759 50452 52145 53838 55531 57224 1693 59758 62289 66325 68860 14 12 49410 51177 52944 54711 56478 58245 60012 1767 62663 65314 69465 72116 15 13 52069 53914 55759 57604 59449 61294 63139 1845 65900 68661 72923 75684 16 14 54781 56716 58651 60586 62521 64456 66391 1935 69284 72175 76570 79463 17 15 57651 59664 61677 63690 65703 67716 69729 2013 72743 75756 80270 83282 18 16 60628 62730 64832 66934 69036 71138 73240 2102 76391 79542 84187 87335 19 17 63761 65976 68191 70406 72621 74836 77051 2215 80365 83679 88492 91807 20 18 67109 69434 71759 74084 76409 78734 81059 2325 84542 88026 93012 96499 21 19 70500 72929 75358 77787 80216 82645 85074 2429 88712 92350 97485 101- 22 123 23 20 73866 76403 78940 81477 84014 86551 89088 2537 92896 96704 102- 105- 24 005 814 25 21 77575 80221 82867 85513 88159 90805 93451 2646 97420 101- 106- 110- 26 391 853 820 27 22 81460 84263 87066 89869 92672 95475 98278 2803 102- 106- 112- 116- 28 474 669 362 559 29 23 85600 88481 91362 94243 97124 100- 102- 2881 107- 111- 117- 121- 30 005 886 209 533 353 675 31 24 89962 92951 95940 98929 101- 104- 107- 2989 112- 116- 122- 127- 32 918 907 896 376 857 839 319 33 25 94707 97825 100- 104- 107- 110- 113- 3118 118- 122- 128- 133- 34 943 061 179 297 415 089 763 931 603 35 § 2. Section 207-d of the state finance law, as added by chapter 114 of 36 the laws of 2006, paragraph (b) of subdivision 1 as amended by chapter 3 37 of the laws of 2007 and subdivision 2 as amended by chapter 15 of the 38 laws of 2012, is amended to read as follows: 39 § 207-d. Employee benefit fund; agency [law enforcement] police 40 services unit. 1. As used in this section, unless otherwise expressly 41 stated: 42 (a) "Director" shall mean the director of employee relations. 43 (b) "Employee" shall mean any person serving on a full-time annual 44 salaried basis in the service of the state of New York who is appointed 45 to and serving in a position in the collective negotiating unit desig- 46 nated as the agency [law enforcement] police services unit and is a 47 police officer pursuant to subdivision thirty-four of section 1.20 of the 48 criminal procedure law [or a forest ranger 1 or a forest ranger 2]. 49 2. Where and to the extent that an agreement between the state and an 50 employee organization entered into pursuant to article fourteen of the 51 civil service law or an interest arbitration award issued pursuant to 52 subdivision four of section two hundred nine of the civil service law 53 between the state and an employee organization so provides on behalf of 54 employees in the collective negotiating unit designated as the agency 55 police services unit established pursuant to article fourteen of the 56 civil service law, and upon audit and warrant of the comptroller, theS. 8889 5 1 director shall provide for the payment of moneys to such employee organ- 2 ization for the establishment and maintenance of an employee benefit fund 3 established by the employee organization for the employees in the negoti- 4 ating unit covered by the controlling provision of such agreement or 5 award providing for such employee benefit fund, such amount to be deter- 6 mined consistent with said agreement or award on the basis of the number 7 of full-time annual salaried employees, as determined by the comptroller, 8 [on the payroll on March first, two thousand eleven for payments to be9made on April first, two thousand eleven, on the payroll on March first,10two thousand twelve for payments to be made on April first, two thousand11twelve, on the payroll on March first, two thousand thirteen for payments12to be made on April first, two thousand thirteen, and on the payroll on13March first, two thousand fourteen for payments to be made on April14first, two thousand fourteen] on the payroll on March first, two thousand 15 fifteen for payments to be made on April first, two thousand fifteen, on 16 the payroll on March first, two thousand sixteen for payments to be made 17 on April first, two thousand sixteen, on the payroll on March first, two 18 thousand seventeen for payments to be made on April first, two thousand 19 seventeen, and on the payroll on March first, two thousand eighteen for 20 payments to be made on April first, two thousand eighteen. The amount, 21 which will be determined pursuant to this section, for employees who are 22 paid from special or administrative funds, other than the general fund or 23 the capital projects fund of the state, will be paid from the appropri- 24 ations as provided by law, in which case the comptroller will establish 25 procedures to ensure repayment from said special or administrative funds. 26 The director shall enter into an agreement with an employee organization 27 which sets forth the specific terms and conditions for the establishment 28 and administration of an employee benefit fund as a condition for the 29 transmittal of moneys pursuant to this section. 30 3. Such employee organization shall periodically as specified by the 31 director, supply a description of the benefits purchased or provided by 32 the employee benefit fund, the utilization experience of the benefit 33 fund, the amount disbursed for or the cost of such benefits and such 34 other information as may be requested by the director. 35 4. The employee organization shall report to the comptroller, in the 36 form and manner as he or she may direct, the amount it expended for the 37 purchase of or providing for such benefits for any period specified by 38 the comptroller. The comptroller is hereby authorized to audit the books 39 of the employee organization with respect to any moneys transmitted to it 40 pursuant to this section. 41 5. Neither the state nor any officer or employee of the state shall be 42 a party to any contract or agreement entered into by any employee organ- 43 ization providing for benefits purchased in whole or in part with moneys 44 transmitted to such employee organization pursuant to this section. No 45 benefit provided pursuant to such contracts or agreements shall be paya- 46 ble by the state and all such benefits shall be paid by the responsible 47 parties to such agreements or contracts pursuant to the terms and condi- 48 tions of such agreements or contracts. The employee organization shall be 49 a fiduciary with respect to the employee benefit fund established pursu- 50 ant to this section. 51 6. Nothing in this section shall be deemed to diminish, impair or 52 reduce any benefit otherwise payable to any employee established or 53 authorized by law, rule or regulation by reason of such employee's lack 54 of eligibility to participate in any benefit program established by an 55 employee organization pursuant to this section.S. 8889 6 1 7. In the event it is determined that the moneys transmitted to an 2 employee organization pursuant to this section is income for which 3 payroll deductions are required for income tax withholdings from the 4 salary or wages of employees pursuant to law, the comptroller shall 5 determine the amount of such withholdings required and deduct the amount 6 so required to be withheld from the salary or wages of the employees 7 concerned. 8 8. The employee organization shall indemnify the state for any claims 9 whatsoever paid by it arising from the establishment, administration or 10 discontinuation of any employee benefit provided pursuant to this 11 section, together with reasonable costs of litigation arising therefrom. 12 9. Insofar as the provisions of this section are inconsistent with the 13 provisions of any other law, general or special, the provisions of this 14 section shall be controlling. 15 § 3. Compensation for members of the collective negotiating unit desig- 16 nated as agency police services unit pursuant to an agreement between the 17 state of New York and the employee organization representing such indi- 18 viduals or an interest arbitration award binding the state of New York 19 and the employee organization representing such individuals. 20 1. The provisions of this section shall apply to all full-time officers 21 and employees in the collective negotiating unit designated as the agency 22 police services unit established pursuant to article fourteen of the 23 civil service law. 24 2. Effective April 1, 2015, the basic annual salary of all members of 25 the agency police services unit who were in full-time annual salaried 26 employment status on March 31, 2015 shall be increased by two percent. 27 3. Effective April 1, 2016, the basic annual salary of all members of 28 the agency police services unit who were in full-time annual salaried 29 employment status on March 31, 2016 shall be increased by two percent. 30 4. Effective April 1, 2017, the basic annual salary of all members of 31 the agency police services unit who were in full-time annual salaried 32 employment status on March 31, 2017 shall be increased by two percent. 33 5. Effective April 1, 2018, the basic annual salary of all members of 34 the agency police services unit who were in full-time annual salaried 35 employment status on March 31, 2018 shall be increased by two percent. 36 6. Advancement within salary grade. Payments pursuant to the provisions 37 of subdivision 6 of section 131 of civil service law for members of the 38 agency police services unit shall be payable pursuant to the terms of an 39 agreement between the state and an employee organization representing 40 employees subject to the provisions of this section. 41 7. Effective April 1, 2015, pursuant to the terms of an agreement 42 covering members of the agency police services unit, for such unit 43 members who are on the institutional payroll, the ten-year, the fifteen- 44 year, the twenty-year, and the twenty-five-year longevity step payment 45 for such unit members to whom the provisions of this section apply shall 46 be that amount prescribed by paragraph h of subdivision 1 of section 130 47 of the civil service law, as added by section one of this act. 48 8. Notwithstanding any of the foregoing provisions of this section, if 49 the basic annual salary of such unit members to whom the provisions of 50 this section apply is identical with the hiring rate, performance advance 51 step one, two, three, four or five, the job rate, the ten-year longevity 52 step, the fifteen-year longevity step, the twenty-year longevity step or 53 the twenty-five-year longevity step of his or her position on the effec- 54 tive dates of the increases provided in this section, such basic annual 55 salary shall be increased to the hiring rate, performance advance step 56 one, two, three, four or five, the job rate, the ten-year longevity step,S. 8889 7 1 the fifteen-year longevity step, the twenty-year longevity step or the 2 twenty-five-year longevity step, respectively, of such salary grade as 3 contained in the appropriate salary schedule in subparagraphs (1), (2), 4 (3), and (4) of paragraph h of subdivision 1 of section 130 of the civil 5 service law, as added by section one of this act, to take effect on the 6 dates provided in subparagraphs (1), (2), (3), and (4), respectively. 7 The increases in basic annual salary provided by this subdivision shall 8 be in lieu of any increase in basic annual salary provided for in subdi- 9 visions two, three, four and five of this section. 10 9. If an unencumbered position is one which if encumbered, would be 11 subject to the provisions of this section, the salary of such position 12 shall be increased by the salary increase amounts specified in this 13 section. If a position is created and is filled by the appointment of 14 such unit members to whom the provisions of this section apply, the sala- 15 ry otherwise provided for such position shall be increased in the same 16 manner as though such position had been in existence but unencumbered. 17 Notwithstanding the provisions of this section, the director of the budg- 18 et may reduce the salary of any such position, which is or becomes 19 vacant. 20 10. The increases in salary payable pursuant to this section shall 21 apply on a prorated basis to officers and employees, otherwise eligible 22 to receive an increase in salary pursuant to this section, who are paid 23 on an hourly or per diem basis, employees serving on a part-time or 24 seasonal basis and employees paid on any basis other than at an annual 25 salaried rate; except that the provisions of subdivision eleven, twelve, 26 or thirteen of this section shall not apply to employees serving on an 27 hourly, per diem, or seasonal basis, except as determined by the director 28 of the budget. 29 11. Notwithstanding any other provision of this section, the provisions 30 of this section shall not apply to officers or employees paid on a fee 31 schedule basis. 32 12. In order to provide for the officers and employees to whom this 33 section applies who are not allocated to salary grades, performance 34 advancements and payments in proportion to those provided to persons to 35 whom this section applies who are allocated to salary grades, the direc- 36 tor of the budget is authorized to add appropriate adjustments to the 37 compensation which such officers and employees are otherwise entitled to 38 receive. The director of the budget shall issue certificates which shall 39 contain schedules of positions and the salaries thereof for which adjust- 40 ments are made pursuant to the provisions of this subdivision, and a copy 41 of each such certificate shall be filed with the state comptroller, the 42 department of civil service, the chairman of the senate finance committee 43 and the chairman of the assembly ways and means committee. 44 13. Notwithstanding any of the foregoing provisions of this section, 45 any increase in compensation may be withheld in whole or in part from any 46 such unit members to whom the provisions of this section apply when, in 47 the opinion of the director of the division of the budget and the direc- 48 tor of employee relations, such increase is not warranted or is not 49 appropriate. 50 § 4. Additional compensation for certain members of the agency police 51 services collective negotiating unit. 1. In recognition of the general 52 requirement for full-time employees of the state in the agency police 53 services unit to assemble for briefing prior to the commencement of 54 duties, where and to the extent an agreement so provides, each such 55 employee except such an employee receiving additional compensation pursu- 56 ant to subdivision 5 of section 134 of the civil service law, shallS. 8889 8 1 continue to receive additional compensation in recognition of pre-shift 2 briefing at one and one-half times the hourly rate of pay provided for by 3 subdivision 1 of section 134 of the civil service law and the rules and 4 regulations of the director of the budget. 5 2. Members of the agency police services collective negotiating unit 6 who are full-time annual salaried and are police officers pursuant to 7 subdivision 34 of section 1.20 of the criminal procedure law, who are 8 required, authorized and actually assemble for pre-shift briefing or line 9 up before the commencement of their regular tour of duty shall continue 10 to be paid for pre-shift briefing. However, employees of the department 11 of environmental conservation who do not physically line up shall be paid 12 the equivalent of pre-shift compensation for vehicle, equipment, office 13 maintenance, and the handling of phone calls and home visitations 14 received and instigated outside of the regular workday. This payment 15 supplants any payments made to such employees for equipment storage. 16 There shall be no payment of pre-shift briefing for any day in which any 17 employee who is a member of the agency police services unit, full-time 18 annual salaried and a police officer pursuant to subdivision 34 of 19 section 1.20 of the criminal procedure law is not physically reporting to 20 work. There shall be no change in the payment for pre-shift briefing for 21 all other members of the agency police services unit. 22 3. Any such additional compensation pursuant to this section shall be 23 paid in addition to and shall not be a part of such employee's basic 24 annual salary and shall not be included as compensation for the purposes 25 of computation of overtime pay, provided, however, that such additional 26 compensation shall be included for retirement purposes. Notwithstanding 27 the foregoing provisions of this section or of any other law, such addi- 28 tional compensation as added by this section shall be in lieu of the 29 continuation of any other additional compensation for such unit members 30 in recognition of pre-shift briefing. 31 § 5. Clothing allowance. Effective April 1, 2015, pursuant to the terms 32 of an agreement covering members of the agency police services collective 33 negotiating unit who are full-time annual salaried and are classified as 34 investigators or detectives, in recognition of the general requirement 35 for such unit members to whom the provisions of this section apply to 36 wear professional attire, each such employee who is on the payroll on the 37 first day of November preceding the annual effective date shall continue 38 to receive a clothing allowance at a rate of four hundred dollars per 39 year effective December 1, 2011. 40 § 6. Location pay. 1. Pursuant to the terms of an agreement covering 41 members of the agency police services collective negotiating unit, and 42 notwithstanding any inconsistent provision of law, effective April 1, 43 2015, all members of this unit who are full-time annual salaried employ- 44 ees and whose principal place of employment, or, in the case of a field 45 employee, whose official station is determined in accordance with the 46 regulations of the state comptroller, is located in the city of New York, 47 or in the county of Rockland, Westchester, Nassau, or Suffolk shall 48 continue to receive location pay in the amount of one thousand five 49 hundred twenty dollars. 50 2. The location pay as set out in this section shall be in addition to 51 and shall not be a part of an employee's basic annual salary, and shall 52 not affect or impair any performance advance or other rights or benefits 53 to which an employee may be entitled by law, provided, however, that 54 location pay shall be included as compensation for the purposes of compu- 55 tation of overtime pay and for retirement purposes. This payment will be 56 equally divided over the twenty-six payroll periods in each fiscal year.S. 8889 9 1 § 7. Supplemental location pay. 1. Pursuant to the terms of an agree- 2 ment covering members of the agency police services collective negotiat- 3 ing unit, and notwithstanding any inconsistent provision of law, all 4 members of this unit who are full-time annual salaried employees and 5 whose principal place of employment, or, in the case of a field employee, 6 whose official station is determined in accordance with the regulations 7 of the state comptroller, is located in the city of New York, or in the 8 county of Putnam, Orange, Dutchess, Rockland, Westchester, Nassau or 9 Suffolk, shall continue to receive supplemental location pay, in the 10 following amounts: 11 Orange/Putnam/ NYC/Rockland/ Nassau/Suffolk 12 Dutchess Westchester 13 Effective April 1,2015 $1,266 $1,900 $2,217 14 2. The supplemental location pay as set out in this section shall be in 15 addition to and shall not be a part of an employee's basic annual salary, 16 and shall not affect or impair any performance advance or other rights or 17 benefits to which an employee may be entitled by law; provided, however, 18 that supplemental location pay shall be included as compensation for the 19 purposes of computation of overtime pay and for retirement purposes. This 20 payment will be equally divided over the twenty-six payroll periods in 21 each fiscal year. 22 § 8. Expanded duty pay. Pursuant to the terms of an agreement or award 23 covering members of the agency police services collective negotiating 24 unit who are full-time annual salaried employees, in recognition of the 25 additional and continued duties and responsibilities performed by the 26 police officers in this unit as a result of the September 11th terrorist 27 attacks, and notwithstanding any provision of law, rule or regulation to 28 the contrary, members of this unit, effective April 1, 2015, shall 29 continue to receive expanded duty pay in the amount of three thousand 30 seventy-five dollars. Effective March 31, 2019, this amount shall be 31 increased to three thousand eight hundred and twenty-five dollars. 32 Expanded duty pay as set out in this section shall be in addition to and 33 shall not be a part of an employee's basic annual salary, and shall not 34 affect or impair any performance advance or other rights or benefits to 35 which an employee may be entitled by law; provided, however, that 36 expanded duty pay shall be included as compensation for the purposes of 37 computation of overtime pay and for retirement purposes. This payment 38 will be equally divided over the twenty-six payroll periods in each 39 fiscal year. 40 § 9. Marine/off-road enforcement pay. Pursuant to the terms of an 41 agreement covering members of the agency police services collective nego- 42 tiating unit who are full-time annual salaried employees, effective April 43 1, 2015, all members of this unit who are employed by the office of 44 parks, recreation and historic preservation or the department of environ- 45 mental conservation shall continue to receive one thousand five hundred 46 dollars per year in recognition of their expertise in marine and off-road 47 enforcement. Marine/off-road enforcement pay as set out in this section 48 shall be in addition to and shall not be a part of an employee's basic 49 annual salary, and shall not affect or impair any performance advance or 50 other rights or benefits to which an employee may be entitled by law; 51 provided, however, that marine/off-road enforcement pay shall be included 52 as compensation for the purposes of computation of overtime pay and for 53 retirement purposes. This payment will be equally divided over the twen- 54 ty-six payroll periods in each fiscal year. 55 § 10. Hazardous material pay. 1. Pursuant to the terms of an agreement 56 covering members of the agency police services collective negotiatingS. 8889 10 1 unit who are full-time annual salaried employees, effective April 1, 2 2015, all members who are employed by the department of environmental 3 conservation, except for those in the forest ranger title series, shall 4 continue to receive one thousand five hundred dollars per year in recog- 5 nition of their expertise and handling of hazardous materials. Hazardous 6 material pay as set out in this section shall be in addition to and shall 7 not be a part of an employee's basic annual salary, and shall not affect 8 or impair any performance advance or other rights or benefits to which an 9 employee may be entitled by law; provided, however, that hazardous mate- 10 rial pay shall be included as compensation for the purposes of computa- 11 tion of overtime pay and for retirement purposes. This payment will be 12 equally divided over the twenty-six payroll periods in each fiscal year. 13 2. Hazardous material/fire management/search and rescue pay. Pursuant 14 to the terms of an agreement covering members of the agency police 15 services collective negotiating unit who are full-time annual salaried 16 employees, effective April 1, 2015, all members who are employed by the 17 department of environmental conservation in the forest ranger title 18 series shall continue to receive one thousand five hundred dollars per 19 year in recognition of their expertise and handling of hazardous materi- 20 als. Hazardous material/fire management/search and rescue pay as set out 21 in this section shall be in addition to and shall not be a part of an 22 employee's basic annual salary, and shall not affect or impair any 23 performance advance or other rights or benefits to which an employee may 24 be entitled by law; provided, however, that hazardous material/fire 25 management/search and rescue pay shall be included as compensation for 26 the purposes of computation of overtime pay and for retirement purposes. 27 This payment will be equally divided over the twenty-six payroll periods 28 in each fiscal year. 29 § 11. Inconvenience pay program. Pursuant to chapter 333 of the laws of 30 1969, as amended, and an agreement negotiated between the state and the 31 employee organization representing members of the agency police services 32 unit, effective April 1, 2015, members of the agency police services unit 33 shall continue to receive inconvenience pay in the amount of five hundred 34 ninety-seven dollars. Any such additional compensation pursuant to this 35 section shall be included as compensation for retirement purposes. 36 § 12. During the period April 1, 2015 through March 31, 2019 or as 37 otherwise agreed, there shall be a statewide joint labor-management 38 committee continued and administered pursuant to the terms of the agree- 39 ment negotiated between, or an interest arbitration award binding the 40 state and the employee organization representing employees in the collec- 41 tive negotiating unit designated as the agency police services unit 42 established pursuant to article 14 of the civil service law which shall, 43 with the amounts available therefore, study and make recommendations 44 concerning major issues of employee assistance, performance evaluation, 45 education and training, quality of work life, health benefits, and 46 provide for the implementation of the terms of agreements of such commit- 47 tees. 48 § 13. Notwithstanding any provision of law to the contrary, the appro- 49 priations contained in this act shall be available to the state for the 50 payment and publication of grievance and arbitration settlements and 51 awards pursuant to articles 7 and 8 of the collective negotiating agree- 52 ment between the state and the employee organization representing the 53 collective negotiating unit designated as the agency police services unit 54 established pursuant to article 14 of the civil service law. 55 § 14. Notwithstanding any provision of law, rule or regulation to the 56 contrary, and where and to the extent an agreement negotiated between theS. 8889 11 1 state and the employee organization representing employees in the agency 2 police services collective negotiating unit established pursuant to arti- 3 cle 14 of the civil service law so provides, the salaries of newly hired 4 employees on or after September 1, 1992 into state service in positions 5 within said negotiating unit shall not be subject to the provisions of 6 subdivision 2-a of section 200 of the state finance law. 7 § 15. Date of entitlement to salary increase. Notwithstanding the 8 provisions of this act or of any other provision of law to the contrary, 9 the increase in salary or compensation provided by this act of any member 10 of the agency police services collective negotiating unit established 11 pursuant to article 14 of the civil service law who are full-time annual 12 salaried employees and are police officers pursuant to subdivision 34 of 13 section 1.20 of the criminal procedure law shall be added to the salary 14 of such member at the beginning of that payroll period, the first day of 15 which is nearest to the effective date of such increase as provided in 16 this act, or at the beginning of the earlier of two payroll periods, the 17 first days of which are nearest but equally near to the effective date of 18 such increase as provided in this act; provided, however, that, for the 19 purposes of determining the salary of such unit members upon reclassi- 20 fication, reallocation, appointment, promotion, transfer, demotion, rein- 21 statement, or other change of status, such salary increase shall be 22 deemed to be effective on the date thereof as prescribed by this act, 23 with payment thereof pursuant to this section on a date prior thereto, 24 instead of on such effective date, and shall not operate to confer any 25 additional salary rights or benefits on such unit members. Payment of 26 such salary increase may be deferred pursuant to section sixteen of this 27 act. 28 § 16. Deferred payment of salary increases. Notwithstanding the 29 provisions of any other section of this act or of any other provision of 30 law to the contrary, pending payment pursuant to this act of the basic 31 annual salaries of incumbents of positions subject to this act, such 32 incumbents shall receive, as partial compensation for services rendered, 33 the rate of salary and other compensation otherwise payable in their 34 respective positions. An incumbent holding a position subject to this act 35 at any time during the period from April 1, 2015, until the time when 36 basic annual salaries and other compensation due are first paid pursuant 37 to this act for such services in excess of the salary and other compen- 38 sation actually received therefor, shall be entitled to a lump sum 39 payment for the difference between the salary and other compensation to 40 which such incumbent is entitled for such services and the salary and 41 other compensation actually received. Notwithstanding the provisions of 42 this section or of any other section of this act, the lump sum payments 43 resulting from the increases in salary and other compensation pursuant to 44 this act shall be aggregated in the form of a lump sum payment and made 45 to employees in two equal payments. However, effective the pay period 46 closest to March 31, 2019, the denominator for purposes of calculating 47 overtime shall be adjusted consistent with such interest arbitration 48 award and recalculation of the overtime earned subsequent to March 31, 49 2019 will be reconciled, adjusted and applied in the first retroactive 50 payment referenced herein. The first payment shall be paid as soon as 51 practicable after the passage of legislation implementing a Final Deci- 52 sion and Award covering the period April 1, 2015 to March 31, 2019 and 53 the second payment shall be paid on the first day of the payroll period 54 commencing after April 1, 2021. For the purpose of calculating retirement 55 benefits, the amounts paid under this act shall count as compensation 56 earned during the year or years for which it is calculated and not asS. 8889 12 1 compensation earned wholly in the year in which it is paid. Notwith- 2 standing any law, rule or regulation to the contrary, no member of the 3 agency police services unit to whom the provisions of this act apply 4 shall be entitled to, or owed, any interest or other penalty for any 5 reason on any monies due to such member pursuant to the terms of this act 6 and the terms of the agreement or interest arbitration award covering 7 employees in the agency police services unit. 8 § 17. Use of appropriations. Notwithstanding any provision of the state 9 finance law or any other provision of law to the contrary, the state 10 comptroller is authorized to pay any amounts required during the fiscal 11 year commencing April 1, 2020 by the provisions of this act for any state 12 department or agency from any appropriation or other funds available to 13 such state department or agency for personal service or for other related 14 employee benefits during such fiscal year. To the extent that such appro- 15 priations are insufficient in any fund to accomplish the purposes herein 16 set forth, the director of the budget is authorized to allocate to the 17 various departments and agencies, from any appropriations available in 18 any fund, the amounts necessary to pay such amounts. The aforementioned 19 appropriations shall be available for payment of any liabilities or obli- 20 gations incurred prior to April 1, 2020, in addition to current liabil- 21 ities. 22 § 18. Notwithstanding any provision of the state finance law or any 23 other provision of law to the contrary, the sum of fifty-five million 24 dollars ($55,000,000) is hereby appropriated in the general fund/state 25 purposes account (10050) in miscellaneous-all state departments and agen- 26 cies solely for apportionment/transfer by the director of the budget for 27 use by any state department or agency in any fund for the period April 1, 28 2015 through March 31, 2021 to supplement appropriations for personal 29 service, other than personal service and fringe benefits, and to carry 30 out the provisions of this act. No money shall be available for expendi- 31 ture from this appropriation until a certificate of approval has been 32 issued by the director of the budget and a copy of such certificate or 33 any amendment thereto has been filed with the state comptroller, the 34 chair of the senate finance committee and the chair of the assembly ways 35 and means committee. The monies hereby appropriated are available for 36 payment of any liabilities or obligations incurred prior to or during the 37 period April 1, 2015 through March 31, 2021. For this purpose, the monies 38 appropriated shall remain in full force and effect for the payment of 39 liabilities incurred on or before March 31, 2021. 40 § 19. Notwithstanding any provision of the state finance law or any 41 other provision of law to the contrary, the several amounts as hereinaft- 42 er set forth, or so much thereof as may be necessary, are hereby appro- 43 priated from the fund so designated for use by any state department or 44 agency for the period April 1, 2015 through March 31, 2021 to supplement 45 appropriations from each respective fund available for other than 46 personal service and fringe benefits, and to carry out the provisions of 47 this act. The monies hereby appropriated are available for the payment of 48 any liabilities or obligations incurred prior to or during the period 49 commencing April 1, 2015 through March 31, 2021. No money shall be 50 available for expenditure from the monies appropriated until a certif- 51 icate of approval has been issued by the director of the budget and a 52 copy of such certificate or any amendment thereto has been filed with the 53 state comptroller, the chair of the senate finance committee and the 54 chair of the assembly ways and means committee. Notwithstanding the 55 provisions of any other section of this act, the salary increases, and 56 lump sum payments provided for in this act shall not be implemented untilS. 8889 13 1 the director of employee relations has delivered notice to the director 2 of the budget and the comptroller that a Final Decision and Award has 3 been issued and signed by the interest arbitration panel so that such 4 amounts may be paid. 5 ALL STATE DEPARTMENTS AND AGENCIES 6 SPECIAL PAY BILLS 7 General Fund / State Operations 8 State Purposes Account - 003 9 NONPERSONAL SERVICE 10 Joint committee on health benefits ................ 15,782 11 Contract administration ........................... 30,000 12 Education and Training ............................ 91,337 13 Education and Training - Management Directed ...... 55,746 14 Employee Assistance Program ....................... 13,810 15 Organizational Alcohol Program .................... 21,441 16 Legal Defense Fund ................................ 10,000 17 Quality of Work Life Initiatives .................. 67,420 18 Employee Benefit Fund ............................ 198,175 19 § 20. This act shall take effect immediately and shall be deemed to 20 have been in full force and effect on and after April 1, 2015.
