Bill Text: NY S09478 | 2021-2022 | General Assembly | Introduced
Bill Title: Provides for compensation and other terms and conditions of employment of certain state officers and employees; authorizes funding of joint labor-management committees; implements agreements between the state and an employee organization; makes an appropriation therefor (Part A); provides for the salaries of certain state officers and employees excluded from collective negotiating units; makes an appropriation therefor (Part B).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2022-06-30 - SIGNED CHAP.361 [S09478 Detail]
Download: New_York-2021-S09478-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9478 IN SENATE June 2, 2022 ___________ Introduced by Sen. JACKSON -- (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 and the state finance law, in relation to compensation 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; to amend chapter 333 of the laws of 1969 amending the civil service law and other laws relating to salary increases for certain state officers and employees, in relation to rates of pay for certain state employees; to repeal certain provisions of the civil service law relating thereto; and making an appropriation for the purpose of effectuating certain provisions thereof (Part A); and to amend the civil service law and the correction law, in relation to salaries of certain state officers and employees excluded from collective negotiating units; to repeal certain provisions of the civil service law and the correction law relating thereto; and making an appropriation for the purpose of effectuating certain provisions thereof (Part B) The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act enacts into law legislation necessary to implement 2 collective bargaining agreements and to implement changes to salary and 3 benefits for certain state officers and employees excluded from collec- 4 tive negotiating units. Each component is wholly contained within a 5 Part identified as Parts A through B. The effective date for each 6 particular provision contained within such Part is set forth in the last 7 section of such Part. Any provision in any section contained within a 8 Part, including the effective date of the Part, which makes reference to 9 a section "of this act", when used in connection with that particular 10 component, shall be deemed to mean and refer to the corresponding 11 section of the Part in which it is found. Section two of this act sets 12 forth the general severability clause applicable to this act. Section 13 three of this act sets forth the general effective date of this act. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12051-01-2S. 9478 2 1 PART A 2 SALARIES AND BENEFITS FOR CERTAIN STATE 3 OFFICERS AND EMPLOYEES IN THE ADMINISTRATIVE, INSTITUTIONAL, OPERATIONAL 4 AND DIVISION OF MILITARY AND NAVAL AFFAIRS UNITS 2021-2025 5 Section 1. Subparagraphs 1, 2, 3, 4 and 5 of paragraph a of subdivi- 6 sion 1 of section 130 of the civil service law are REPEALED and five new 7 subparagraphs 1, 2, 3, 4 and 5 are added to read as follows: 8 (1) Effective April first, two thousand twenty-one for officers and 9 employees on the administrative payroll and effective March twenty- 10 fifth, two thousand twenty-one for officers and employees on the insti- 11 tutional payroll: 12 SG HR STEP STEP STEP STEP STEP STEP JR INCR 13 1 2 3 4 5 6 14 1 25825 26696 27567 28438 29309 30180 31051 31922 871 15 2 26811 27726 28641 29556 30471 31386 32301 33216 915 16 3 28150 29105 30060 31015 31970 32925 33880 34835 955 17 4 29379 30390 31401 32412 33423 34434 35445 36456 1011 18 5 30785 31844 32903 33962 35021 36080 37139 38198 1059 19 6 32507 33608 34709 35810 36911 38012 39113 40214 1101 20 7 34304 35459 36614 37769 38924 40079 41234 42389 1155 21 8 36239 37437 38635 39833 41031 42229 43427 44625 1198 22 9 38257 39510 40763 42016 43269 44522 45775 47028 1253 23 10 40446 41759 43072 44385 45698 47011 48324 49637 1313 24 11 42792 44170 45548 46926 48304 49682 51060 52438 1378 25 12 45241 46667 48093 49519 50945 52371 53797 55223 1426 26 13 47923 49416 50909 52402 53895 55388 56881 58374 1493 27 14 50697 52251 53805 55359 56913 58467 60021 61575 1554 28 15 53641 55261 56881 58501 60121 61741 63361 64981 1620 29 16 56646 58341 60036 61731 63426 65121 66816 68511 1695 30 17 59834 61624 63414 65204 66994 68784 70574 72364 1790 31 18 63290 65161 67032 68903 70774 72645 74516 76387 1871 32 19 66681 68645 70609 72573 74537 76501 78465 80429 1964 33 20 70170 72210 74250 76290 78330 80370 82410 84450 2040 34 21 73932 76067 78202 80337 82472 84607 86742 88877 2135 35 22 77895 80127 82359 84591 86823 89055 91287 93519 2232 36 23 82062 84392 86722 89052 91382 93712 96042 98372 2330 37 24 86528 88939 91350 93761 96172 98583 100994 103405 2411 38 25 91309 93827 96345 98863 101381 103899 106417 108935 2518 39 (2) Effective March thirty-first, two thousand twenty-two for officers 40 and employees on the administrative payroll and effective April seventh, 41 two thousand twenty-two for officers and employees on the institutional 42 payroll: 43 SG HR STEP STEP STEP STEP STEP STEP JR INCR 44 1 2 3 4 5 6 45 1 26342 27230 28118 29006 29894 30782 31670 32558 888 46 2 27347 28280 29213 30146 31079 32012 32945 33878 933 47 3 28713 29687 30661 31635 32609 33583 34557 35531 974 48 4 29967 30998 32029 33060 34091 35122 36153 37184 1031 49 5 31401 32481 33561 34641 35721 36801 37881 38961 1080 50 6 33157 34280 35403 36526 37649 38772 39895 41018 1123 51 7 34990 36168 37346 38524 39702 40880 42058 43236 1178 52 8 36964 38186 39408 40630 41852 43074 44296 45518 1222S. 9478 3 1 9 39022 40300 41578 42856 44134 45412 46690 47968 1278 2 10 41255 42594 43933 45272 46611 47950 49289 50628 1339 3 11 43648 45054 46460 47866 49272 50678 52084 53490 1406 4 12 46146 47600 49054 50508 51962 53416 54870 56324 1454 5 13 48881 50404 51927 53450 54973 56496 58019 59542 1523 6 14 51711 53296 54881 56466 58051 59636 61221 62806 1585 7 15 54714 56366 58018 59670 61322 62974 64626 66278 1652 8 16 57779 59508 61237 62966 64695 66424 68153 69882 1729 9 17 61031 62857 64683 66509 68335 70161 71987 73813 1826 10 18 64556 66464 68372 70280 72188 74096 76004 77912 1908 11 19 68015 70018 72021 74024 76027 78030 80033 82036 2003 12 20 71573 73654 75735 77816 79897 81978 84059 86140 2081 13 21 75411 77589 79767 81945 84123 86301 88479 90657 2178 14 22 79453 81730 84007 86284 88561 90838 93115 95392 2277 15 23 83703 86080 88457 90834 93211 95588 97965 100342 2377 16 24 88259 90718 93177 95636 98095 100554 103013 105472 2459 17 25 93135 95703 98271 100839 103407 105975 108543 111111 2568 18 (3) Effective March thirtieth, two thousand twenty-three for officers 19 and employees on the administrative payroll and effective April sixth, 20 two thousand twenty-three for officers and employees on the institu- 21 tional payroll: 22 SG HR STEP STEP STEP STEP STEP STEP JR INCR 23 1 2 3 4 5 6 24 1 27132 28047 28962 29877 30792 31707 32622 33537 915 25 2 28167 29128 30089 31050 32011 32972 33933 34894 961 26 3 29574 30577 31580 32583 33586 34589 35592 36595 1003 27 4 30866 31928 32990 34052 35114 36176 37238 38300 1062 28 5 32343 33455 34567 35679 36791 37903 39015 40127 1112 29 6 34152 35309 36466 37623 38780 39937 41094 42251 1157 30 7 36040 37253 38466 39679 40892 42105 43318 44531 1213 31 8 38073 39332 40591 41850 43109 44368 45627 46886 1259 32 9 40193 41509 42825 44141 45457 46773 48089 49405 1316 33 10 42493 43872 45251 46630 48009 49388 50767 52146 1379 34 11 44957 46405 47853 49301 50749 52197 53645 55093 1448 35 12 47530 49028 50526 52024 53522 55020 56518 58016 1498 36 13 50347 51916 53485 55054 56623 58192 59761 61330 1569 37 14 53262 54895 56528 58161 59794 61427 63060 64693 1633 38 15 56355 58057 59759 61461 63163 64865 66567 68269 1702 39 16 59512 61293 63074 64855 66636 68417 70198 71979 1781 40 17 62862 64743 66624 68505 70386 72267 74148 76029 1881 41 18 66493 68458 70423 72388 74353 76318 78283 80248 1965 42 19 70055 72118 74181 76244 78307 80370 82433 84496 2063 43 20 73720 75863 78006 80149 82292 84435 86578 88721 2143 44 21 77673 79916 82159 84402 86645 88888 91131 93374 2243 45 22 81837 84182 86527 88872 91217 93562 95907 98252 2345 46 23 86214 88662 91110 93558 96006 98454 100902 103350 2448 47 24 90907 93440 95973 98506 101039 103572 106105 108638 2533 48 25 95929 98574 101219 103864 106509 109154 111799 114444 2645 49 (4) Effective March twenty-eighth, two thousand twenty-four for offi- 50 cers and employees on the administrative payroll and effective April 51 fourth, two thousand twenty-four for officers and employees on the 52 institutional payroll: 53 SG HR STEP STEP STEP STEP STEP STEP JR INCRS. 9478 4 1 1 2 3 4 5 6 2 1 27946 28888 29830 30772 31714 32656 33598 34540 942 3 2 29012 30002 30992 31982 32972 33962 34952 35942 990 4 3 30461 31494 32527 33560 34593 35626 36659 37692 1033 5 4 31792 32886 33980 35074 36168 37262 38356 39450 1094 6 5 33313 34458 35603 36748 37893 39038 40183 41328 1145 7 6 35177 36369 37561 38753 39945 41137 42329 43521 1192 8 7 37121 38370 39619 40868 42117 43366 44615 45864 1249 9 8 39215 40512 41809 43106 44403 45700 46997 48294 1297 10 9 41399 42754 44109 45464 46819 48174 49529 50884 1355 11 10 43768 45188 46608 48028 49448 50868 52288 53708 1420 12 11 46306 47797 49288 50779 52270 53761 55252 56743 1491 13 12 48956 50499 52042 53585 55128 56671 58214 59757 1543 14 13 51857 53473 55089 56705 58321 59937 61553 63169 1616 15 14 54860 56542 58224 59906 61588 63270 64952 66634 1682 16 15 58046 59799 61552 63305 65058 66811 68564 70317 1753 17 16 61297 63131 64965 66799 68633 70467 72301 74135 1834 18 17 64748 66685 68622 70559 72496 74433 76370 78307 1937 19 18 68488 70512 72536 74560 76584 78608 80632 82656 2024 20 19 72157 74282 76407 78532 80657 82782 84907 87032 2125 21 20 75932 78139 80346 82553 84760 86967 89174 91381 2207 22 21 80003 82313 84623 86933 89243 91553 93863 96173 2310 23 22 84292 86707 89122 91537 93952 96367 98782 101197 2415 24 23 88800 91322 93844 96366 98888 101410 103932 106454 2522 25 24 93634 96243 98852 101461 104070 106679 109288 111897 2609 26 25 98807 101531 104255 106979 109703 112427 115151 117875 2724 27 (5) Effective March twenty-seventh, two thousand twenty-five for offi- 28 cers and employees on the administrative payroll and effective April 29 third, two thousand twenty-five for officers and employees on the insti- 30 tutional payroll: 31 SG HR STEP STEP STEP STEP STEP STEP JR INCR 32 1 2 3 4 5 6 33 1 28784 29754 30724 31694 32664 33634 34604 35574 970 34 2 29882 30902 31922 32942 33962 34982 36002 37022 1020 35 3 31375 32439 33503 34567 35631 36695 37759 38823 1064 36 4 32746 33873 35000 36127 37254 38381 39508 40635 1127 37 5 34312 35491 36670 37849 39028 40207 41386 42565 1179 38 6 36232 37460 38688 39916 41144 42372 43600 44828 1228 39 7 38235 39521 40807 42093 43379 44665 45951 47237 1286 40 8 40391 41727 43063 44399 45735 47071 48407 49743 1336 41 9 42641 44037 45433 46829 48225 49621 51017 52413 1396 42 10 45081 46544 48007 49470 50933 52396 53859 55322 1463 43 11 47695 49231 50767 52303 53839 55375 56911 58447 1536 44 12 50425 52014 53603 55192 56781 58370 59959 61548 1589 45 13 53413 55077 56741 58405 60069 61733 63397 65061 1664 46 14 56506 58238 59970 61702 63434 65166 66898 68630 1732 47 15 59787 61593 63399 65205 67011 68817 70623 72429 1806 48 16 63136 65025 66914 68803 70692 72581 74470 76359 1889 49 17 66690 68685 70680 72675 74670 76665 78660 80655 1995 50 18 70543 72628 74713 76798 78883 80968 83053 85138 2085 51 19 74322 76511 78700 80889 83078 85267 87456 89645 2189 52 20 78210 80483 82756 85029 87302 89575 91848 94121 2273 53 21 82403 84782 87161 89540 91919 94298 96677 99056 2379 54 22 86821 89308 91795 94282 96769 99256 101743 104230 2487S. 9478 5 1 23 91464 94062 96660 99258 101856 104454 107052 109650 2598 2 24 96443 99130 101817 104504 107191 109878 112565 115252 2687 3 25 101771 104577 107383 110189 112995 115801 118607 121413 2806 4 § 2. Subdivision 2 of section 208 of the civil service law, as amended 5 by chapter 165 of the laws of 2017, is amended to read as follows: 6 2. An employee organization certified or recognized pursuant to this 7 article shall be entitled to unchallenged representation status until 8 seven months prior to the expiration of a written agreement between the 9 public employer and said employee organization determining terms and 10 conditions of employment. For the purposes of this subdivision, (a) any 11 such agreement for a term covering other than the fiscal year of the 12 public employer shall be deemed to expire with the fiscal year ending 13 immediately prior to the termination date of such agreement, (b) any 14 such agreement having a term in excess of three years shall be treated 15 as an agreement for a term of three years, provided, however, any such 16 agreement between the state and an employee organization representing 17 employees in the executive or judicial branches which commences in the 18 calendar year two thousand [sixteen] twenty-one having a term in excess 19 of three years shall be treated as an agreement for a term certain spec- 20 ified in such agreement but in no event for a term greater than four 21 years, and (c) extensions of any such agreement shall not extend the 22 period of unchallenged representation status. 23 § 3. Paragraph (e) of subdivision 3 of section 130 of the civil 24 service law, as amended by chapter 165 of the laws of 2017, is amended 25 to read as follows: 26 (e) (1) Where, and to the extent that, an agreement between the state 27 and an employee organization entered into pursuant to article fourteen 28 of this chapter on behalf of officers and employees serving in positions 29 in the administrative services unit, institutional services unit, opera- 30 tional services unit or division of military and naval affairs unit so 31 provides officers and employees to whom paragraph a of subdivision one 32 of this section applies who, on or after April first, two thousand 33 sixteen, on their anniversary date have five or more years, but less 34 than ten years, of continuous service as defined by paragraph (c) of 35 this subdivision at a basic annual salary rate equal to or in excess of 36 the job rate or maximum salary of their salary grade, shall receive a 37 lump sum payment in the amount of one thousand two hundred fifty 38 dollars. Effective April first, two thousand nineteen, such lump sum 39 payment shall increase to one thousand five hundred dollars. 40 (2) Effective until March thirty-first, two thousand twenty, where, 41 and to the extent that, an agreement between the state and an employee 42 organization entered into pursuant to article fourteen of this chapter 43 on behalf of officers and employees serving in positions in the adminis- 44 trative services unit, institutional services unit, operational services 45 unit or division of military and naval affairs unit so provides officers 46 and employees to whom paragraph a of subdivision one of this section 47 applies who, on or after April first, two thousand sixteen, on their 48 anniversary date have ten or more years of continuous service as defined 49 by paragraph (c) of this subdivision at a basic annual salary rate equal 50 to or in excess of the job rate or maximum salary of their salary grade 51 shall receive a lump sum payment in the amount of two thousand five 52 hundred dollars which, effective April first, two thousand nineteen, 53 such lump sum payment shall be increased to three thousand dollars. 54 Effective April first, two thousand twenty, where, and to the extent 55 that, an agreement between the state and an employee organization 56 entered into pursuant to article fourteen of this chapter on behalf ofS. 9478 6 1 officers and employees serving in positions in the administrative 2 services unit, institutional services unit, operational services unit or 3 division of military and naval affairs unit so provides officers and 4 employees to whom paragraph a of subdivision one of this section applies 5 who, on or after April first, two thousand twenty, on their anniversary 6 date have ten or more years, but less than fifteen years, of continuous 7 service as defined by paragraph (c) of this subdivision at a basic annu- 8 al salary rate equal to or in excess of the job rate or maximum salary 9 of their salary grade shall receive a lump sum payment in the amount of 10 three thousand dollars. 11 (3) Effective April first, two thousand twenty, where, and to the 12 extent that, an agreement between the state and an employee organization 13 entered into pursuant to article fourteen of this chapter on behalf of 14 officers and employees serving in positions in the administrative 15 services unit, institutional services unit, operational services unit or 16 division of military and naval affairs unit so provides officers and 17 employees to whom paragraph a of subdivision one of this section applies 18 who, on or after April first, two thousand twenty, on their anniversary 19 date have fifteen or more years of continuous service as defined by 20 paragraph (c) of this subdivision at a basic annual salary rate equal to 21 or in excess of the job rate or maximum salary of their salary grade 22 shall receive a lump sum payment in the amount of four thousand five 23 hundred dollars. 24 (4) Such lump sum payment, as provided by this paragraph, shall be in 25 addition to and not part of the employee's basic annual salary, provided 26 however that any amount payable by this paragraph shall be included as 27 compensation for overtime and retirement purposes. Such lump sum 28 payment, as provided by this paragraph, shall be payable in April of 29 each fiscal year, or as soon as practicable thereafter, for those eligi- 30 ble employees who have achieved five or more, or ten or more, or fifteen 31 or more years of continuous service as defined by paragraph (c) of this 32 subdivision at a basic annual salary rate equal to or in excess of the 33 job rate or maximum salary of their salary grade during the period Octo- 34 ber first through March thirty-first of the previous fiscal year. Such 35 lump sum payment, as provided by this paragraph, shall be payable in 36 October of each fiscal year, or as soon as practicable thereafter, for 37 those eligible employees who have achieved five or more, or ten or 38 more, or fifteen or more years of continuous service as defined by para- 39 graph (c) of this subdivision at a basic annual salary rate equal to or 40 in excess of the job rate or maximum salary of their salary grade during 41 the period April first through September thirtieth of that same fiscal 42 year. 43 (5) Effective April first, two thousand twenty-five, where, and to the 44 extent that, an agreement between the state and an employee organization 45 entered into pursuant to article fourteen of this chapter on behalf of 46 officers and employees serving in positions in the administrative 47 services unit, institutional services unit, operational services unit or 48 division of military and naval affairs unit so provides officers and 49 employees to whom paragraph a of subdivision one of this section applies 50 who, on or after April first, two thousand twenty-five, on their anni- 51 versary date have twelve or more years, but less than seventeen years, 52 of continuous service within one or any of the collective bargaining 53 units, shall receive a lump sum payment in the amount of one thousand 54 five hundred dollars. 55 (6) Effective April first, two thousand twenty-five, where, and to the 56 extent that, an agreement between the state and an employee organizationS. 9478 7 1 entered into pursuant to article fourteen of this chapter on behalf of 2 officers and employees serving in positions in the administrative 3 services unit, institutional services unit, operational services unit or 4 division of military and naval affairs unit so provides officers and 5 employees to whom paragraph a of subdivision one of this section applies 6 who, on or after April first, two thousand twenty-five, on their anni- 7 versary date have seventeen or more years but less than twenty-two years 8 of continuous service within one or any of the collective bargaining 9 units shall receive a lump sum payment in the amount of three thousand 10 dollars. 11 (7) Effective April first, two thousand twenty-five, where, and to the 12 extent that, an agreement between the state and an employee organization 13 entered into pursuant to article fourteen of this chapter on behalf of 14 officers and employees serving in positions in the administrative 15 services unit, institutional services unit, operational services unit or 16 division of military and naval affairs unit so provides officers and 17 employees to whom paragraph a of subdivision one of this section applies 18 who, on or after April first, two thousand twenty-five, on their anni- 19 versary date have twenty-two or more years of continuous service within 20 one or any of the collective bargaining units shall receive a lump sum 21 payment in the amount of four thousand five hundred dollars. 22 (8) Such lump sum payment, as provided by subparagraphs five, six and 23 seven of this paragraph, shall be in addition to and not part of the 24 employee's basic annual salary, provided however that any amount payable 25 by this paragraph shall be included as compensation for overtime and 26 retirement purposes. 27 (9) Such lump sum payment, as provided by subparagraphs five, six and 28 seven of this paragraph, shall be payable in April of each fiscal year, 29 or as soon as practicable thereafter, for those eligible employees who 30 have achieved the continuous service required for a specific payment 31 during the period October first through March thirty-first of the previ- 32 ous fiscal year. Such lump sum payment, as provided by subparagraph 33 five, six or seven of this paragraph, shall be payable in October of 34 each fiscal year, or as soon as practicable thereafter, for those eligi- 35 ble employees who have achieved the continuous service, as defined by 36 this section, required for a specific payment during the period April 37 first through September thirtieth of that same fiscal year. 38 (10) Effective April first, two thousand twenty-five, no employee 39 shall receive a longevity payment pursuant to subparagraph one, two or 40 three of this paragraph. All employees, to the extent eligible, shall 41 receive a longevity payment pursuant to subparagraph five, six or seven 42 of this paragraph. 43 § 4. Subdivision 12-d of section 8 of the state finance law, as 44 amended by chapter 322 of the laws of 2021, is amended to read as 45 follows: 46 12-d. Notwithstanding any inconsistent provision of the court of 47 claims act, examine, audit and certify for payment any claim submitted 48 and approved by the head of a state department or agency, other than a 49 department or agency specified in subdivision twelve of this section, 50 for personal property of an employee damaged or destroyed in the course 51 of the performance of official duties without fault on his or her part 52 by an incarcerated individual, patient or client of such department or 53 agency after March thirty-first, two thousand [sixteen] twenty-one and 54 prior to April first, two thousand [twenty-one] twenty-six, provided no 55 such claim may be certified for payment to an officer or employee who is 56 in a collective negotiating unit until the director of employeeS. 9478 8 1 relations shall deliver to the comptroller a letter that there is in 2 effect with respect to such negotiating unit a written collectively 3 negotiated agreement with the state pursuant to article fourteen of the 4 civil service law which provides therefor. Payment of any such claim 5 shall not exceed the sum of three hundred dollars. No person submitting 6 a claim under this subdivision shall have any claim for damages to such 7 personal property approved pursuant to the provision of subdivision four 8 of section five hundred thirty of the labor law or any other applicable 9 provision of law. 10 § 5. Paragraph (a) of subdivision 12-e of section 8 of the state 11 finance law, as amended by chapter 165 of the laws of 2017, is amended 12 to read as follows: 13 (a) Notwithstanding any inconsistent provision of the court of claims 14 act, where, and to the extent that, an agreement between the state and 15 an employee organization entered into pursuant to article fourteen of 16 the civil service law on behalf of officers and employees serving in 17 positions in the administrative services unit, institutional services 18 unit, operational services unit or division of military and naval 19 affairs unit so provides, examine, audit and certify for payment any 20 claim submitted and approved by the head of a state department or agency 21 for personal property of an officer or employee damaged or destroyed in 22 the actual performance of official duties without fault or negligence of 23 the officer or employee other than a claim specified and covered by 24 subdivision twelve or twelve-d of this section after March thirty-first, 25 two thousand [sixteen] twenty-one and prior to April first, two thousand 26 [twenty-one] twenty-six. Payment of such claim shall not exceed the sum 27 of three hundred fifty dollars. Where an agreement between the state and 28 such employee organization entered into pursuant to article fourteen of 29 the civil service law provides for payment to be made to officers and 30 employees by a state department or agency, such payments for claims not 31 in excess of the amount specified in subdivision three of section one 32 hundred fifteen of this chapter may be made from a petty cash account 33 established pursuant to section one hundred fifteen of this chapter and 34 in the manner prescribed therein and pursuant to regulations of the 35 comptroller. No person submitting a claim under this subdivision shall 36 have any claim for damages to such personal property approved pursuant 37 to the provisions of subdivision four of section five hundred thirty of 38 the labor law or any other applicable provision of law. 39 § 6. Notwithstanding any other provision of law, when, in the adminis- 40 trative services unit, the institutional services unit, the operational 41 services unit or the division of military and naval affairs unit, a 42 determination has been implemented to increase the hiring salary of a 43 position in accordance with subdivision 4 of section 130 of the civil 44 service law, incumbents of such positions who are employed in any state 45 department, state institution or other state agency, in the particular 46 area or areas or location or locations affected, who did not receive the 47 benefit of the new hiring salary or have their salaries brought up to 48 such new hiring salary may receive increased compensation as determined 49 by an agreement between the office of employee relations and the employ- 50 ee organization representing such units. 51 § 7. Compensation for certain state officers and employees in collec- 52 tive negotiating units. 1. The provisions of this section shall apply, 53 except as otherwise stated in this section, to all full-time officers 54 and employees in the collective negotiating units designated as the 55 administrative services unit, the institutional services unit, the oper-S. 9478 9 1 ational services unit, or the division of military and naval affairs 2 unit established pursuant to article 14 of the civil service law. 3 2. Effective April 1, 2021 for officers and employees on the adminis- 4 trative payroll and effective March 25, 2021 for officers and employees 5 on the institutional payroll, the basic annual salary of officers and 6 employees in full-time annual salaried employment status on the day 7 before such payroll period shall be increased by two percent adjusted to 8 the nearest whole dollar amount. 9 3. Effective March 31, 2022 for officers and employees on the adminis- 10 trative payroll and effective April 7, 2022 for officers and employees 11 on the institutional payroll, the basic annual salary of officers and 12 employees in full-time annual salaried employment status on the day 13 before such payroll period shall be increased by two percent adjusted to 14 the nearest whole dollar amount. 15 4. Effective March 30, 2023 for officers and employees on the adminis- 16 trative payroll and effective April 6, 2023 for officers and employees 17 on the institutional payroll, the basic annual salary of officers and 18 employees in full-time annual salaried employment status on the day 19 before such payroll period shall be increased by three percent adjusted 20 to the nearest whole dollar amount. 21 5. Effective March 28, 2024 for officers and employees on the adminis- 22 trative payroll and effective April 4, 2024 for officers and employees 23 on the institutional payroll, the basic annual salary of officers and 24 employees in full-time annual salaried employment status on the day 25 before such payroll period shall be increased by three percent adjusted 26 to the nearest whole dollar amount. 27 6. Effective March 27, 2025 for officers and employees on the adminis- 28 trative payroll and effective April 3, 2025 for officers and employees 29 on the institutional payroll, the basic annual salary of officers and 30 employees in full-time annual salaried employment status on the day 31 before such payroll period shall be increased by three percent adjusted 32 to the nearest whole dollar amount. 33 7. Notwithstanding the provisions of subdivisions two, three, four, 34 five and six of this section, if the basic annual salary of an officer 35 or employee to whom the provisions of this section apply is identical 36 with the hiring rate, step one, two, three, four, five, six or job rate 37 of the salary grade of his or her position on the effective dates of the 38 increases provided in these subdivisions, such basic annual salary shall 39 be increased to the hiring rate, step one, two, three, four, five, six 40 or job rate, respectively, of such salary grade as contained in the 41 appropriate salary schedules in subparagraphs 1, 2, 3, 4 and 5 of para- 42 graph a of subdivision 1 of section 130 of the civil service law, as 43 added by section one of this act, to take effect on the dates provided 44 in such subparagraphs 1, 2, 3, 4 and 5, respectively. The increases in 45 basic annual salary provided by this subdivision shall be in lieu of any 46 increase in basic annual salary provided for in subdivisions two, three, 47 four, five and six of this section. 48 8. Payments pursuant to the provisions of subdivision 6 of section 131 49 of the civil service law for full-time annual salaried officers and 50 employees entitled to such payments to whom the provisions of this 51 section apply shall be payable in accordance with the terms of an agree- 52 ment reached pursuant to article 14 of the civil service law between the 53 state and an employee organization representing employees subject to the 54 provisions of this section. 55 9. If an unencumbered position is one which if encumbered, would be 56 subject to the provisions of this section, the salary of such positionS. 9478 10 1 shall be increased by the salary increase amounts specified in this 2 section. If a position is created and filled by the appointment of an 3 officer or employee who is subject to the provisions of this section, 4 the salary otherwise provided for such position shall be increased in 5 the same manner as though such position had been in existence but unen- 6 cumbered. 7 10. The increases in salary provided in subdivisions two, three, four, 8 five and six of this section, shall apply on a prorated basis to offi- 9 cers and employees, otherwise eligible to receive an increase in salary, 10 who are paid on an hourly or per diem basis, employees serving on a 11 part-time or seasonal basis and employees paid on any basis other than 12 at an annual salary rate. Notwithstanding the foregoing, the provisions 13 of subdivision eight of this section shall not apply to employees serv- 14 ing on an hourly, per diem, or seasonal basis, except as determined by 15 the director of the budget. 16 11. In order to provide for the officers and employees to whom this 17 section applies who are not allocated to salary grades, but are paid on 18 an annual basis, increases and payments pursuant to subdivision eight of 19 this section in proportion to those provided to persons to whom this 20 section applies who are allocated to salary grades, the director of the 21 budget is authorized to add appropriate adjustments and/or payments to 22 the compensation which such officers and employees are otherwise enti- 23 tled to receive. The director of the budget shall issue certificates 24 which shall contain schedules of positions and the salaries and/or 25 payments thereof for which adjustments and/or payments are made pursuant 26 to the provisions of this subdivision, and a copy of each such certif- 27 icate shall be filed with the state comptroller, the state department of 28 civil service, the chairman of the senate finance committee and the 29 chairman of the assembly ways and means committee. 30 12. Notwithstanding any other provision of this section, the 31 provisions of this section shall not apply to officers or employees paid 32 on a fee schedule basis. 33 13. Notwithstanding any other provision of this section, any increase 34 in compensation for any officer or employee appointed to a lower graded 35 position from a redeployment list pursuant to subdivision 1 of section 36 79 of the civil service law who continues to receive his or her former 37 salary pursuant to such subdivision shall be determined on the basis of 38 such lower graded position provided, however, that the increases in 39 salary provided in this section shall not cause such officer's or 40 employee's salary to exceed the job rate of such lower graded position. 41 14. Notwithstanding any of the foregoing provisions of this section or 42 of any law to the contrary, the director of the budget may reduce the 43 salary of any position which is vacant or which becomes vacant, so long 44 as the position, if encumbered, would be subject to the provisions of 45 this section. The director of the budget does not need to provide a 46 reason for such reduction. 47 15. Notwithstanding any of the foregoing provisions of this section or 48 of any law to the contrary, any increase in compensation may be withheld 49 in whole or in part from any employee to whom the provisions of this 50 section are applicable when, in the opinion of the director of the budg- 51 et and the director of employee relations, such increase is not 52 warranted or is not appropriate for any reason. 53 § 8. Compensation for certain employees of the contract colleges at 54 Cornell and Alfred universities. 1. During the period April 1, 2021 to 55 March 31, 2026, the basic annual salaries of positions in the nonprofes- 56 sional service, except those positions in the Cornell service and main-S. 9478 11 1 tenance unit which are subject to the terms of a collective bargaining 2 agreement between Cornell University and the employee organization 3 representing employees in such positions and except those positions in 4 the Alfred service and maintenance unit which are subject to the terms 5 of a collective bargaining agreement between Alfred University and the 6 employee organization representing employees in such positions, in 7 institutions under the management and control of Cornell and Alfred 8 universities as representatives of the board of trustees of the state 9 university may be increased pursuant to plans approved by the state 10 university trustees. Such plans may include new salary schedules which 11 shall supersede the salary schedules then in effect applicable to such 12 employees. Such increases in basic annual salary rates, exclusive of 13 performance advancement payments or merit recognition payments, shall 14 not exceed in the aggregate the payments provided in subdivisions two, 15 three, four, five and six of section seven of this act, for incumbents 16 of positions subject to this subdivision. Such plans may provide, within 17 the appropriations available therefor, an amount for distribution in 18 whole or in part for meritorious service by Cornell and Alfred universi- 19 ties, in their discretion, with the approval of the state university 20 trustees to the incumbents of such positions. 21 2. For the purposes of this section, the basic annual salary of 22 employees is that salary which is obtained through direct appropriation 23 of state moneys for the purpose of paying wages. Nothing in this section 24 shall prevent payment of additional amounts to incumbents of such posi- 25 tions in the nonprofessional service in addition to the basic annual 26 salary; provided, however, that the amounts required for such additional 27 payment, and the cost of fringe benefits attributable to such payment, 28 as determined by the comptroller, are made available to the state in 29 accordance with the procedures established by the state university for 30 such purposes. 31 3. Notwithstanding the foregoing provisions of this section, any 32 increase in compensation provided by this section may be withheld in 33 whole or in part from any officer or employee when, in the opinion of 34 the director of the budget, such withholding is necessary to reflect the 35 job performance of such officer or employee, or to maintain appropriate 36 salary relationships among officers or employees of the state, or to 37 reduce state expenditures to acceptable levels, or when such increase is 38 not warranted or is not appropriate for any reason and the salary of 39 such officer or employee is set at the discretion of the appointing 40 authority. 41 4. Notwithstanding the foregoing provisions of this subdivision, act 42 or any other provision of law, rule or regulation to the contrary, the 43 contract colleges at Cornell and Alfred universities are authorized to 44 provide for a procedure for the repayment of salaries withheld from 45 incumbents of positions subject to this subdivision as described in 46 subdivision one of this section, pursuant to subdivision 2-a of section 47 200 of the state finance law in lieu of the lump sum payment authorized 48 by subparagraph 3 of paragraph (a) of such subdivision, subject to the 49 approval of the state university trustees. Further, Cornell and Alfred 50 universities are authorized to provide that the salary of employees 51 newly hired on or after September 1, 1992 shall not be subject to the 52 provisions of subdivision 2-a of section 200 of the state finance law. 53 § 9. For employees in the administrative services unit, institutional 54 services unit, operational services unit and division of military and 55 naval affairs unit, effective March 30, 2023 for officers and employees 56 on the administrative payroll and effective April 6, 2023 for officersS. 9478 12 1 and employees on the institutional payroll pursuant to article 14 of the 2 civil service law a lump sum payment of $3,000 shall be made to each 3 employee in such units in full-time annual salaried employment status 4 who was (i) active on the date of ratification of the agreement between 5 the state and the employee organization covering such employee and (ii) 6 in continuous service, as defined by paragraph (c) of subdivision 3 of 7 section 130 of the civil service law, from that date until March 30, 8 2023 for officers and employees on the administrative payroll and effec- 9 tive April 6, 2023 for officers and employees on the institutional 10 payroll except such payment shall be made to an eligible employee who 11 retires directly from state service between the dates in (i) and (ii). 12 Such lump sum shall not be considered salary for retirement purposes and 13 shall not become part of basic annual salary. Notwithstanding the fore- 14 going provisions of this subdivision, officers and employees who would 15 have otherwise been eligible to receive such lump sum payment, but who 16 were not on the payroll on such date, shall be eligible for said payment 17 if they return to full-time employment status during the fiscal year 18 2023 without a break in continuous service. Such payment shall be 19 prorated for employees in less than full-time annual salaried service. 20 § 10. Location compensation for certain state officers and employees 21 in collective negotiating units. Notwithstanding any inconsistent 22 provisions of law, full-time annual salaried officers and employees, as 23 well as non-annual salaried seasonal officers and employees who shall 24 receive the compensation provided for pursuant to this section on a 25 prorated basis, except non-annual salaried officers and employees who 26 are not seasonal, in the collective negotiating units designated as the 27 administrative services unit, the institutional services unit, the oper- 28 ational services unit, or the division of military and naval affairs 29 unit established pursuant to article 14 of the civil service law, whose 30 principal place of employment or, in the case of a field employee, whose 31 official station as determined in accordance with the regulations of the 32 comptroller is located: (1) in the county of Monroe and who were eligi- 33 ble to receive location pay on March 31, 1985, shall receive location 34 pay at the rate of $200 per year provided they continue to be otherwise 35 eligible; (2) in the city of New York, or in the county of Rockland, 36 Westchester, Nassau or Suffolk shall, effective April 1, 2021, continue 37 to receive a downstate adjustment at the annual rate of $3,026; or (3) 38 in the county of Dutchess, Putnam or Orange shall, effective April 1, 39 2021, continue to receive a mid-Hudson adjustment at the annual rate of 40 $1,513. Effective April 1, 2023, in the city of New York, or in the 41 county of Rockland, Westchester, Nassau or Suffolk such amount shall 42 increase to an annual rate of $3,087; and in the county of Dutchess, 43 Putnam or Orange such amount shall increase to an annual rate of $1,543. 44 Effective April 1, 2024, in the city of New York, or in the county of 45 Rockland, Westchester, Nassau or Suffolk such amount shall increase to 46 an annual rate of $3,400; and in the county of Dutchess, Putnam or 47 Orange such amount shall increase to an annual rate of $1,650. Such 48 location payments shall be in addition to and shall not be a part of an 49 officer's or employee's basic annual salary, and shall not affect or 50 impair any performance advancements or other rights or benefits to which 51 an officer or employee may be entitled by law, provided, however, that 52 location payments shall be included as compensation for purposes of 53 computation of overtime pay and for retirement purposes. For the sole 54 purpose of continuing eligibility for location pay in Monroe county, an 55 officer or employee previously eligible to receive location pay on March 56 31, 1985 who is on an approved leave of absence or participates in anS. 9478 13 1 employer program to reduce to part-time service during summer months 2 shall continue to be eligible for said location pay upon return to full- 3 time state service in Monroe county. 4 § 11. Continuation of location compensation for certain officers and 5 employees of the Hudson Valley developmental disabilities services 6 office. 1. Notwithstanding any law, rule or regulation to the contrary, 7 any officer or employee of the Hudson Valley developmental disabilities 8 services office represented in the collective negotiating units desig- 9 nated as the administrative services unit, the institutional services 10 unit or the operational services unit, who is receiving location pay 11 pursuant to section 5 of chapter 174 of the laws of 1993 shall continue 12 to receive such location pay under the conditions and at the rates spec- 13 ified by such section. 14 2. Notwithstanding any law, rule or regulation to the contrary, any 15 officer or employee of the Hudson Valley developmental disabilities 16 services office represented in the collective negotiating units desig- 17 nated as the administrative services unit, the institutional services 18 unit or the operational services unit, who is receiving location pay 19 pursuant to subdivision 2 of section 9 of chapter 315 of the laws of 20 1995 shall continue to receive such location pay under the conditions 21 and at the rates specified by such subdivision. 22 3. Notwithstanding section ten of this act or any other law, rule or 23 regulation to the contrary, any officer or employee of the Hudson Valley 24 developmental disabilities services office represented in the collective 25 negotiating units designated as the administrative services unit, the 26 institutional services unit or the operational services unit, who is 27 receiving location pay pursuant to such section ten shall continue to be 28 eligible for such location pay if such officer's or employee's principal 29 place of employment is changed to a location outside of the county of 30 Rockland as the result of a reduction or redeployment of staff, 31 provided, however, that such officer or employee is reassigned to or 32 otherwise appointed or promoted to a different position at another work 33 location within the Hudson Valley developmental disabilities services 34 office located outside of the county of Rockland. The rate of such 35 continued location pay shall not exceed the rates such officer or 36 employee is receiving on the date of such reassignment, appointment or 37 promotion. 38 § 12. Notwithstanding any law, rule or regulation to the contrary, 39 certain full-time employees of the office for people with developmental 40 disabilities in the collective negotiating unit designated as the insti- 41 tutional services unit who are required to sleep over at their work site 42 shall continue to receive inconvenience pay pursuant to section 17 of 43 chapter 333 of the laws of 1969 as amended, in accordance with and 44 subject to the conditions established by the terms of a negotiated 45 agreement between the state and an employee organization representing 46 such unit and the resolution of a contract grievance bearing identifica- 47 tion number 98-04-448. 48 § 13. Additional compensation for certain employees in recognition of 49 pre-shift briefing. 1. In recognition of the general requirement for 50 full-time employees of the state in the collective negotiating unit 51 designated as the division of military and naval affairs unit, estab- 52 lished pursuant to article 14 of the civil service law, to assemble for 53 briefing prior to the commencement of duties, each such employee shall 54 continue to receive additional compensation at the rate of $60 per 55 biweekly payroll period in accordance with the terms of a collectively 56 negotiated agreement between the state and an employee organizationS. 9478 14 1 representing such employees pursuant to article 14 of the civil service 2 law. Such additional compensation shall be paid in addition to and shall 3 not be a part of the employee's basic annual salary. Notwithstanding the 4 foregoing provisions of this section, or of any other law, such addi- 5 tional compensation as added by this section shall be in lieu of the 6 continuation of any other additional compensation for such employees 7 paid prior to June 2, 1988, in recognition of pre-shift briefing. 8 2. Notwithstanding any inconsistent provisions of law, effective April 9 1, 2016, where and to the extent that, an agreement between the state 10 and an employee organization entered into pursuant to article 14 of the 11 civil service law so provides, in recognition of the general requirement 12 that certain full-time employees of the state in the collective negoti- 13 ating unit designated as the institutional services unit, established 14 pursuant to article 14 of the civil service law, in the employ of the 15 office of children and family services, assemble for briefing prior to 16 the commencement of duties, each such employee shall continue to receive 17 additional compensation in the amount of $4.80, or one-quarter hour of 18 their overtime rate, whichever is higher, when they are required to and 19 actually assemble for such briefing. Such additional compensation shall 20 be paid in addition to and shall not be a part of the employee's basic 21 annual salary. 22 § 14. Assignment to duty pay. Notwithstanding any inconsistent 23 provisions of law, effective April 1, 2021, where and to the extent 24 that, an agreement between the state and an employee organization 25 entered into pursuant to article 14 of the civil service law so 26 provides, an assignment to duty lump sum shall be paid each year to an 27 employee who is serving in a particular assignment deemed qualified 28 pursuant to such agreement. Such payment shall be in an amount negoti- 29 ated for those employees assigned to qualifying work assignments and who 30 work such assignments for the minimum periods of time in a year provided 31 in the negotiated agreement. Assignment to duty pay shall not be paid in 32 any year an employee does not meet the minimum period of time in such 33 qualifying assignment required by the agreement or upon cessation of the 34 assignment to duty program on March 30, 2026 unless an extension is 35 negotiated by the parties. Such lump sum shall be considered salary only 36 for final average salary retirement purposes. 37 § 15. Long term seasonal employees. Notwithstanding any inconsistent 38 provisions of law, effective April 1, 2021, where and to the extent 39 that, an agreement between the state and an employee organization 40 entered into pursuant to article 14 of the civil service law so 41 provides, a lump sum shall be paid each year to an employee who is serv- 42 ing in a qualifying long term seasonal position. Such payment shall be 43 in an amount negotiated and pursuant to negotiated qualifying criteria 44 and shall be considered salary only for final average salary retirement 45 purposes. Such benefit shall be available until March 30, 2026. 46 § 16. In recognition of the specific requirements for winter mainte- 47 nance activity for full-time employees of the state department of trans- 48 portation in the collective negotiating unit designated as the opera- 49 tional services unit, established pursuant to article 14 of the civil 50 service law, and to the extent the terms of a negotiated agreement 51 between the state and an employee organization representing such unit 52 entered into pursuant to article 14 of the civil service law so 53 provides, such employees shall receive payments for winter maintenance 54 shifts and call-out responses if otherwise eligible and in accordance 55 with such negotiated agreement.S. 9478 15 1 § 17. Subdivision 2 of section 17 of chapter 333 of the laws of 1969 2 amending the civil service law and other laws relating to salary 3 increases for certain state officers and employees, as amended by chap- 4 ter 165 of the laws of 2017, is amended to read as follows: 5 2. Any employee subject to this section who is required to work a tour 6 of duty which includes four or more hours between the hours of six p.m. 7 and six a.m., exclusive of any hours for which he or she receives over- 8 time compensation, shall be entitled to inconvenience pay for such tour 9 of duty in an amount equal to the daily rate equivalent of four hundred 10 dollars per year, unless a higher daily rate is authorized under the 11 terms of a collective negotiated agreement between the state and an 12 employee organization pursuant to article 14 of the civil service law, 13 or is authorized by the director of the budget for employees excluded 14 from negotiating rights under article 14 of the civil service law, in 15 which case such daily rate may be up to five hundred seventy-five 16 dollars per year, shall continue effective April 2, [2016] 2021. The 17 provisions of this subdivision shall apply on a prorated basis to offi- 18 cers and employees serving on a seasonal basis in the collective negoti- 19 ating units designated as the administrative services unit, the institu- 20 tional services unit, the operational services unit, and the division of 21 military and naval affairs unit, and officers and employees excluded 22 from collective negotiating units established pursuant to article 14 of 23 the civil service law. 24 § 18. Notwithstanding any inconsistent provision of law, where and to 25 the extent that any agreement between the state and an employee organ- 26 ization entered into pursuant to article 14 of the civil service law so 27 provides on behalf of employees in the collective negotiating units 28 designated as the administrative, institutional, operational services 29 negotiating units or the division of military and naval affairs negoti- 30 ating unit established pursuant to article 14 of the civil service law, 31 the state shall contribute an amount designated in such agreement and 32 for the period covered by such agreement to the accounts of such employ- 33 ees enrolled for dependent care deductions pursuant to subdivision 7 of 34 section 201-a of the state finance law. Such amounts shall be from funds 35 appropriated in this act and shall not be part of basic annual salary 36 for overtime or retirement purposes. 37 § 19. Notwithstanding any provision of law to the contrary, the appro- 38 priations contained in this act shall be available to the state for the 39 payment and publication of grievance and arbitration settlements and 40 awards pursuant to articles 33 and 34 of the collective negotiating 41 agreement between the state and the employee organization representing 42 the collective negotiating units designated as the administrative 43 services unit, the institutional services unit, the operational services 44 unit or the division of military and naval affairs unit established 45 pursuant to article 14 of the civil service law. 46 § 20. During the period April 2, 2021 through April 1, 2026, there 47 shall be a statewide labor-management committee continued and adminis- 48 tered pursuant to the terms of the agreement negotiated between the 49 state and an employee organization representing employees in the collec- 50 tive negotiating units designated as the administrative services unit, 51 the institutional services unit, the operational services unit or the 52 division of military and naval affairs unit established pursuant to 53 article 14 of the civil service law which shall, after April 2, 2021, 54 have the responsibility of studying and making recommendations concern- 55 ing the major issues of productivity, the quality of work life and 56 implementing the agreements reached.S. 9478 16 1 § 21. The salary increases, benefit modifications, and any other 2 modifications to terms and conditions of employment provided for by this 3 act for state employees in the collective negotiating units designated 4 as the administrative services unit, the institutional services unit, 5 the operational services unit or the division of military and naval 6 affairs unit established pursuant to article 14 of the civil service law 7 shall not be implemented until the director of employee relations shall 8 have delivered to the director of the budget and the comptroller a 9 letter certifying that there is in effect with respect to such negotiat- 10 ing units collectively negotiated agreements, ratified by the member- 11 ship, which provide for such increases and modifications. 12 § 22. Date of entitlement to salary increase. Notwithstanding the 13 provisions of this act or of any other law, the increase in salary or 14 compensation of any officer or employee provided by this act shall be 15 added to the salary or compensation of such officer or employee at the 16 beginning of that payroll period the first day of which is nearest to 17 the effective date of such increases as provided in this act, or at the 18 beginning of the earlier of two payroll periods the first days of which 19 are nearest but equally near to the effective dates of such increases as 20 provided in this act, provided, however, that for the purposes of deter- 21 mining the salary of such officer or employee upon reclassification, 22 reallocation, appointment, promotion, transfer, demotion, reinstatement 23 or other change of status, such salary increase shall be deemed to be 24 effective on the date thereof as prescribed in this act, and the payment 25 thereof pursuant to this section on a date prior thereto, instead of on 26 such effective date, shall not operate to confer any additional salary 27 rights or benefits on such officer or employee. Payment of such salary 28 increase may be deferred pursuant to section twenty-three of this act. 29 § 23. Notwithstanding the provisions of any other section of this act 30 or any other provision of law to the contrary, pending payment pursuant 31 to this act of the basic annual salaries of incumbents of positions 32 subject to this act, such incumbents shall receive, as partial compen- 33 sation for services rendered, the rate of salary and other compensation 34 otherwise payable in their respective positions. An incumbent holding a 35 position subject to this act at any time during the period from April 1, 36 2021, until the time when basic annual salaries and other compensation 37 due are first paid pursuant to this act for such services in excess of 38 the salary and other compensation actually received therefor, shall be 39 entitled to a lump sum payment for the difference between the salary and 40 other compensation to which such incumbent is entitled for such services 41 and the salary and other compensation actually received pursuant to the 42 terms of an agreement between the state and the employee organization 43 representing the employees covered by this act. 44 § 24. The comptroller is authorized to pay any amounts required during 45 the fiscal year commencing April 1, 2022 by the foregoing provisions of 46 this act for any state department or agency from any appropriation or 47 other funds available to such state department or agency for personal 48 service or for other related employee benefits during such fiscal year. 49 To the extent that such appropriations in any fund are insufficient to 50 accomplish the purposes herein set forth, the director of the budget is 51 authorized to allocate to the various departments and agencies, from any 52 appropriations available in any fund, the amounts necessary to pay such 53 amounts. 54 § 25. No officer or employee participating in a special annuity 55 program pursuant to the provisions of article 8-C of the education law 56 shall, by reason of an increase in compensation pursuant to this act,S. 9478 17 1 suffer any reduction of the salary adjustment to which he or she would 2 otherwise be entitled by reason of participation in such program, and 3 such salary adjustment shall be based upon the salary of such officer or 4 employee without regard to the reduction authorized by such article. 5 § 26. Notwithstanding any provision of the state finance law or any 6 other provision of law to the contrary, the sum of $220,000,000 is here- 7 by appropriated in the general fund/state purposes account (10050) in 8 miscellaneous-all state departments and agencies solely for 9 apportionment/transfer by the director of the budget for use by any 10 state department or agency in any fund for the fiscal year beginning 11 April 1, 2022 to supplement appropriations for personal service, other 12 than personal service and fringe benefits, and to carry out the 13 provisions of this act. No money shall be available for expenditure from 14 this appropriation until a certificate of approval has been issued by 15 the director of the budget and a copy of such certificate or any amend- 16 ment thereto has been filed with the state comptroller, the chairman of 17 the senate finance committee and the chairman of the assembly ways and 18 means committee. The monies hereby appropriated are available for 19 payment of any liabilities or obligations incurred prior to or during 20 the state fiscal year commencing April 1, 2021 through March 31, 2023. 21 For this purpose, these appropriations shall remain in full force and 22 effect for the payment of liabilities incurred on or before March 31, 23 2023. 24 § 27. The several amounts as hereinafter set forth, or so much thereof 25 as may be necessary, are hereby appropriated from the fund so designated 26 for use by any state department or agency for the fiscal year beginning 27 April 1, 2022 to supplement appropriations from each respective fund 28 available for personal service, other than personal service and fringe 29 benefits, and to carry out the provisions of this act. The monies hereby 30 appropriated are available for payment of any liabilities or obligations 31 incurred prior to or during the state fiscal year commencing April 1, 32 2021 through March 31, 2023. No money shall be available for expenditure 33 from this appropriation until a certificate of approval has been issued 34 by the director of the budget and a copy of such certificate or any 35 amendment thereto has been filed with the state comptroller, the chair 36 of the senate finance committee and the chair of the assembly ways and 37 means committee. 38 ALL STATE DEPARTMENTS AND AGENCIES 39 SPECIAL PAY BILLS 40 General Fund / State Operations 41 State Purposes Account - 003 42 Non-personal Service 43 Joint committee on health benefits ............. 1,980,864 44 Employee training and development ............. 15,942,512 45 Safety and health maintenance committee .......... 947,861 46 Employment security committee .................... 793,506 47 Work-Life Services ............................. 3,781,531 48 Discipline ....................................... 566,930 49 Statewide performance rating committee ............ 62,948 50 Employee Assistance Program ...................... 949,044 51 Property damage ................................... 46,866 52 Work related clothing (operational services 53 unit) ........................................ 1,537,802S. 9478 18 1 Tool allowance (operational services unit) ....... 112,321 2 Tool insurance (operational services unit) ........ 38,079 3 Uniform allowance (institutional services 4 unit) .......................................... 605,312 5 Work related clothing (institutional 6 services unit) ................................. 112,616 7 Work related clothing (administrative 8 services unit) .................................. 62,500 9 Contract Administration .......................... 400,000 10 § 28. This act shall take effect immediately and shall be deemed to 11 have been in full force and effect on and after April 1, 2021. Appropri- 12 ations made by this act shall remain in full force and effect for 13 liabilities incurred through March 31, 2023. ------------------------------------------------------------------------ REPEAL NOTE.--Subparagraphs 1, 2, 3, 4 and 5 of paragraph a of subdi- vision 1 of section 130 of the civil service law, repealed by section one of this act, provided salary schedules for state employees in the administrative services unit, the operational services unit, the insti- tutional services unit and the division of military and naval affairs and are replaced by revised salary schedules in new subparagraphs 1, 2, 3, 4 and 5. 14 PART B 15 SALARIES AND BENEFITS FOR CERTAIN STATE 16 OFFICERS AND EMPLOYEES EXCLUDED FROM 17 COLLECTIVE NEGOTIATING UNITS FOR 2021-2022 18 Section 1. Subparagraphs 1, 2, 3, 4 and 5 of paragraph d of subdivi- 19 sion 1 of section 130 of the civil service law are repealed and two new 20 subparagraphs 1 and 2 are added to read as follows: 21 (1) Effective April first, two thousand twenty-one: 22 GRADE HIRING RATE JOB RATE 23 M/C 3 $28,315 $36,198 24 M/C 4 $29,565 $37,840 25 M/C 5 $31,338 $39,677 26 M/C 6 $32,668 $41,712 27 M/C 7 $34,551 $43,970 28 M/C 8 $36,449 $46,235 29 M/C 9 $38,531 $48,696 30 M/C 10 $40,607 $51,399 31 M/C 11 $43,071 $54,251 32 M/C 12 $45,344 $57,097 33 M/C 13 $47,980 $60,270 34 M/C 14 $50,831 $63,583 35 M/C 15 $53,660 $67,016 36 M/C 16 $56,684 $70,591 37 M/C 17 $59,902 $74,486 38 M/C 18 $60,219 $74,724 39 M/C 19 $63,449 $78,611 40 M/C 20 $66,683 $82,553 41 M/C 21 $70,279 $86,817 42 M/C 22 $74,057 $91,378S. 9478 19 1 M/C 23 $77,853 $97,268 2 M 1 $84,031 $106,218 3 M 2 $93,192 $117,800 4 M 3 $103,431 $130,705 5 M 4 $114,398 $144,369 6 M 5 $127,025 $160,485 7 M 6 $140,641 $176,900 8 M 7 $155,024 $191,996 9 M 8 $130,708+ 10 (2) Effective April first, two thousand twenty-two: 11 GRADE HIRING RATE JOB RATE 12 M/C 3 $28,881 $36,922 13 M/C 4 $30,156 $38,597 14 M/C 5 $31,965 $40,471 15 M/C 6 $33,321 $42,546 16 M/C 7 $35,242 $44,849 17 M/C 8 $37,178 $47,160 18 M/C 9 $39,302 $49,670 19 M/C 10 $41,419 $52,427 20 M/C 11 $43,932 $55,336 21 M/C 12 $46,251 $58,239 22 M/C 13 $48,940 $61,475 23 M/C 14 $51,848 $64,855 24 M/C 15 $54,733 $68,356 25 M/C 16 $57,818 $72,003 26 M/C 17 $61,100 $75,976 27 M/C 18 $61,423 $76,218 28 M/C 19 $64,718 $80,183 29 M/C 20 $68,017 $84,204 30 M/C 21 $71,685 $88,553 31 M/C 22 $75,538 $93,206 32 M/C 23 $79,410 $99,213 33 M 1 $85,712 $108,342 34 M 2 $95,056 $120,156 35 M 3 $105,500 $133,319 36 M 4 $116,686 $147,256 37 M 5 $129,566 $163,695 38 M 6 $143,454 $180,438 39 M 7 $158,124 $195,836 40 M 8 $133,322+ 41 § 2. Subdivision 1 of section 19 of the correction law is REPEALED and 42 a new subdivision 1 is added to read as follows: 43 1. This section shall apply to each superintendent of a correctional 44 facility appointed on or after August ninth, nineteen hundred seventy- 45 five and any superintendent heretofore appointed who elects to be 46 covered by the provisions thereof by filing such election with the 47 commissioner. 48 a. The salary schedule for superintendents of a correctional facility 49 with an inmate population capacity of four hundred or more inmates shall 50 be as follows: 51 Effective April first, two thousand twenty-one: 52 Hiring Rate Job Rate 53 $133,007 $181,510S. 9478 20 1 Effective April first, two thousand twenty-two: 2 Hiring Rate Job Rate 3 $135,667 $185,140 4 b. The salary schedule for superintendents of correctional facilities 5 with an inmate population capacity of fewer than four hundred inmates 6 shall be as follows: 7 Effective April first, two thousand twenty-one: 8 Hiring Rate Job Rate 9 $103,431 $130,707 10 Effective April first, two thousand twenty-two: 11 Hiring Rate Job Rate 12 $105,500 $133,321 13 § 3. Paragraph (b) of subdivision 8 of section 130 of the civil 14 service law, as amended by section 3 of part D of chapter 24 of the laws 15 of 2019, is amended to read as follows: 16 (b) Officers and employees to whom the provisions of this subdivision 17 apply may receive lump sum merit awards in accordance with guidelines 18 issued by the director of the budget within the appropriations made 19 available therefor. Additionally, effective April first, nineteen 20 hundred eighty-eight, and each April first thereafter, such officers and 21 employees to whom the provisions of this subdivision apply whose basic 22 annual salary equals or exceeds the job rate of the salary grade of 23 their position who on their anniversary date have five or more years of 24 continuous service as defined by paragraph (c) of subdivision three of 25 this section at a basic annual salary rate equal to or in excess of the 26 job rate or maximum salary of their salary grade and whose basic annual 27 salary is less than eight hundred seventy-five dollars during fiscal 28 year two thousand seven-two thousand eight, one thousand dollars during 29 fiscal year two thousand eight-two thousand nine, and one thousand one 30 hundred twenty-five dollars during fiscal year two thousand nine-two 31 thousand ten in excess of the job rate of the salary grade of their 32 position shall on such anniversary date have their basic annual salary 33 as otherwise effective increased by a longevity payment in the amount of 34 eight hundred seventy-five dollars during fiscal year two thousand 35 seven-two thousand eight, one thousand dollars during fiscal year two 36 thousand eight-two thousand nine, and one thousand one hundred twenty- 37 five dollars during fiscal year two thousand nine-two thousand ten, 38 except that such officers and employees who on their anniversary date 39 have ten or more years of continuous service as defined by paragraph (c) 40 of subdivision three of this section at a basic annual salary rate equal 41 to or in excess of the job rate or maximum salary of the salary grade of 42 their position and whose basic annual salary is less than one thousand 43 seven hundred fifty dollars during fiscal year two thousand seven-two 44 thousand eight, two thousand dollars during fiscal year two thousand 45 eight-two thousand nine, and two thousand two hundred fifty dollars 46 during fiscal year two thousand nine-two thousand ten in excess of the 47 job rate of the salary grade of their position shall on such anniversary 48 date receive a longevity payment increasing their basic annual salary to 49 that of the job rate of the salary grade of their position increased by 50 one thousand seven hundred fifty dollars during fiscal year two thousand 51 seven-two thousand eight, two thousand dollars during fiscal year two 52 thousand eight-two thousand nine, and two thousand two hundred fifty 53 dollars during fiscal year two thousand nine-two thousand ten. Such 54 increases shall be effective at the beginning of the pay period follow- 55 ing the anniversary date upon which the required service is attained. 56 Effective April first, two thousand ten, however, such longevityS. 9478 21 1 payments shall be made in the amount of one thousand two hundred fifty 2 dollars to officers and employees as defined herein who on their anni- 3 versary date have five or more years of continuous service as defined by 4 paragraph (c) of subdivision three of this section at a basic annual 5 salary rate equal to or in excess of the job rate or maximum salary of 6 their salary grade, and in the amount of two thousand five hundred 7 dollars to officers and employees as defined herein who on their anni- 8 versary date have ten or more years of continuous service as defined by 9 paragraph (c) of subdivision three of this section at a basic annual 10 salary rate equal to or in excess of the job rate or maximum salary of 11 their salary grade. 12 Effective April first, two thousand nineteen, however, such longevity 13 payments shall be made in the amount of one thousand five hundred 14 dollars to officers and employees as defined herein who on their anni- 15 versary date have five or more years of continuous service as defined by 16 paragraph (c) of subdivision three of this section at a basic annual 17 salary rate equal to or in excess of the job rate or maximum salary of 18 their salary grade, and in the amount of three thousand dollars to offi- 19 cers and employees as defined herein who on their anniversary date have 20 ten or more years of continuous service as defined by paragraph (c) of 21 subdivision three of this section at a basic annual salary rate equal to 22 or in excess of the job rate or maximum salary of their salary grade. 23 Additionally, effective April first, two thousand twenty, such officers 24 and employees to whom the provisions of this subdivision apply whose 25 basic annual salary equals or exceeds the job rate of the salary grade 26 of their position who on their anniversary date have fifteen or more 27 years of continuous service as defined by paragraph (c) of subdivision 28 three of this section at a basic annual salary rate equal to or in 29 excess of the job rate or maximum salary of their salary grade shall on 30 such anniversary date receive a longevity payment in the amount of four 31 thousand five hundred dollars. Such payments shall be made in addition 32 to and shall not be considered part of basic annual salary and shall be 33 made by separate check as soon as practicable following the anniversary 34 date upon which the required service is attained. 35 § 4. Compensation for certain state officers and employees. 1. The 36 provisions of this section shall apply to the following annual-salaried 37 state officers and employees: (a) officers and employees whose positions 38 are designated managerial or confidential pursuant to article 14 of the 39 civil service law; (b) civilian state employees of the division of mili- 40 tary and naval affairs in the executive department whose positions are 41 not in, or are excluded from representation rights in, any recognized or 42 certified negotiating unit; (c) officers and employees excluded from 43 representation rights under article 14 of the civil service law pursuant 44 to rules or regulations of the public employment relations board; and 45 (d) officers and employees whose salaries are prescribed by section 19 46 of the correction law. 47 2. For such officers and employees the following increases shall 48 apply: effective April 1, 2021, the basic annual salary of officers and 49 employees to whom the provisions of this subdivision apply shall be 50 increased by two percent adjusted to the nearest whole dollar amount, 51 and effective April 1, 2022 the basic annual salary of officers and 52 employees to whom the provisions of this subdivision apply shall be 53 increased by two percent adjusted to the nearest whole dollar amount. 54 3. If an unencumbered position is one that, if encumbered, would be 55 subject to the provisions of this section, the salary of such position 56 shall be increased by the salary increase amount specified in thisS. 9478 22 1 section. If a position is created and is filled by the appointment of an 2 officer or employee who is subject to the provisions of this section, 3 the salary otherwise provided for such position shall be increased in 4 the same manner as though such position had been in existence but unen- 5 cumbered. 6 4. The increase in salary payable pursuant to this section shall apply 7 on a prorated basis in accordance with guidelines issued by the director 8 of the budget to officers and employees otherwise eligible to receive an 9 increase in salary pursuant to this act who are paid on an hourly or per 10 diem basis, employees serving on a part-time or seasonal basis, and 11 employees paid on any basis other than at an annual salary rate. 12 5. Notwithstanding any of the foregoing provisions of this section, 13 the provisions of this section shall not apply to the following except 14 as otherwise provided by law: (a) officers or employees paid on a fee 15 schedule basis; (b) officers or employees whose salaries are prescribed 16 by section 40, 60, or 169 of the executive law; (c) officers or employ- 17 ees in collective negotiating units established pursuant to article 14 18 of the civil service law. 19 6. Officers and employees to whom the provisions of this section apply 20 who are incumbents of positions that are not allocated to salary grades 21 specified in paragraph d of subdivision 1 of section 130 of the civil 22 service law and whose salary is not prescribed in any other statute 23 shall receive the salary increases specified in subdivision two of this 24 section. 25 7. In order to provide for the officers and employees to whom this 26 section applies who are not allocated to salary grades performance 27 advancements, merit awards, longevity payments and in lieu payments, and 28 special achievement awards in proportion to those provided to persons to 29 whom this section applies who are allocated to salary grades, the direc- 30 tor of the budget is authorized to add appropriate adjustments to the 31 compensation that such officers and employees are otherwise entitled to 32 receive. The director of the budget shall issue certificates that shall 33 contain schedules of positions and the salaries or payments thereof for 34 which adjustments or payments are made pursuant to the provisions of 35 this subdivision, and a copy of each such certificate shall be filed 36 with the state comptroller, the department of civil service, the chair 37 of the senate finance committee and the chair of the assembly ways and 38 means committee. 39 8. Notwithstanding any of the foregoing provisions of this section, 40 any increase in compensation for any officer or employee appointed to a 41 lower graded position from a redeployment list pursuant to subdivision 1 42 of section 79 of the civil service law who continues to receive his or 43 her former salary pursuant to such subdivision shall be determined on 44 the basis of such lower graded position provided, however, that the 45 increases in salary provided in subdivision two of this section shall 46 not cause such officer's or employee's salary to exceed the job rate of 47 any such lower graded position at salary grade. 48 9. Notwithstanding any of the foregoing provisions of this section or 49 of any law to the contrary, the director of the budget may reduce the 50 salary of any position which is vacant or which becomes vacant, so long 51 as the position, if encumbered, would be subject to the provisions of 52 this section. The director of the budget does not need to provide a 53 reason for such reduction. 54 § 5. Compensation for certain state officers and employees in the 55 division of state police. 1. The provisions of this section shall applyS. 9478 23 1 to officers and employees whose salaries are provided for by paragraph 2 (a) of subdivision 1 of section 215 of the executive law. 3 2. Effective April 1, 2021, the basic annual salary of officers and 4 employees to whom the provisions of this subdivision apply shall be 5 increased by two percent adjusted to the nearest whole dollar amount, 6 and effective April 1, 2022 the basic annual salary of officers and 7 employees to whom the provisions of this subdivision apply shall be 8 increased by two percent adjusted to the nearest whole dollar amount. 9 3. The increases in salary payable pursuant to this section shall 10 apply on a prorated basis in accordance with guidelines issued by the 11 director of the budget to officers and employees otherwise eligible to 12 receive an increase in salary pursuant to this act who are paid on an 13 hourly or per diem basis, employees serving on a part-time or seasonal 14 basis, and employees paid on any basis other than at an annual salary 15 rate. 16 4. Notwithstanding any of the foregoing provisions of this section, 17 any increase in compensation for any officer or employee appointed to a 18 lower graded position from a redeployment list pursuant to subdivision 1 19 of section 79 of the civil service law who continues to receive his or 20 her former salary pursuant to such subdivision shall be determined on 21 the basis of such lower graded position provided, however, that the 22 increase in salary provided in subdivision two of this section shall not 23 cause such officer's or employee's salary to exceed the job rate of any 24 such lower graded position at salary grade. 25 § 6. Compensation for certain state employees in the state university 26 and certain employees of contract colleges at Cornell and Alfred univer- 27 sities. 1. (a) Effective April 1, 2021, the basic annual salary of 28 incumbents of positions in the professional service in the state univer- 29 sity that are designated, stipulated, or excluded from negotiating units 30 as managerial or confidential as defined pursuant to article 14 of the 31 civil service law, may be increased pursuant to plans approved by the 32 state university trustees. Such increase in basic annual salary rates 33 shall not exceed in the aggregate two percent of the total basic annual 34 salary rates in effect on March 31, 2021. 35 (b) Effective April 1, 2022, the basic annual salary of incumbents of 36 positions in the professional service in the state university that are 37 designated, stipulated, or excluded from negotiating units as managerial 38 or confidential as defined pursuant to article 14 of the civil service 39 law, may be increased pursuant to plans approved by the state university 40 trustees. Such increase in basic annual salary rates shall not exceed in 41 the aggregate two percent of the total basic annual salary rates in 42 effect on March 31, 2022. 43 2. (a) Effective April 1, 2021, the basic annual salary of incumbents 44 of positions in the institutions under the management and control of 45 Cornell and Alfred universities as representatives of the board of trus- 46 tees of the state university that, in the opinion of the director of 47 employee relations, would be designated managerial or confidential were 48 they subject to article 14 of the civil service law may be increased 49 pursuant to plans approved by the state university trustees. Such 50 increase in basic annual salary rates shall not exceed in the aggregate 51 two percent of the total basic annual salary rates in effect March 31, 52 2021. 53 (b) Effective April 1, 2022, the basic annual salary of incumbents of 54 positions in the institutions under the management and control of 55 Cornell and Alfred universities as representatives of the board of trus- 56 tees of the state university that, in the opinion of the director ofS. 9478 24 1 employee relations, would be designated managerial or confidential were 2 they subject to article 14 of the civil service law may be increased 3 pursuant to plans approved by the state university trustees. Such 4 increase in basic annual salary rates shall not exceed in the aggregate 5 two percent of the total basic annual salary rates in effect March 31, 6 2022. 7 3. (a) During the period April 1, 2021 through March 31, 2022, the 8 basic annual salary of incumbents of positions in the non-professional 9 service that, in the opinion of the director of employee relations, 10 would be designated managerial or confidential were they subject to 11 article 14 of the civil service law, except those positions in the 12 Cornell service and maintenance unit that are subject to the terms of a 13 collective bargaining agreement between Cornell University and the 14 employee organization representing employees in such positions and 15 except those positions in the Alfred service and maintenance unit that 16 are subject to the terms of a collective bargaining agreement between 17 Alfred University and the employee organization representing employees 18 in such positions, in institutions under the management and control of 19 Cornell and Alfred universities as representatives of the board of trus- 20 tees of the state university may be increased pursuant to plans approved 21 by the state university trustees. Such plans may include a new salary 22 schedule which shall supersede the salary schedules then in effect 23 applicable to such employees. Such plans shall provide for an increase 24 in basic annual salary, which, exclusive of performance advancement 25 payments or merit recognition payments, shall not exceed in the aggre- 26 gate two percent of the total basic annual salary rates in effect on 27 March 31, 2021. 28 (b) During the period April 1, 2022 through March 31, 2023, the basic 29 annual salary of incumbents of positions in the non-professional service 30 that, in the opinion of the director of employee relations, would be 31 designated managerial or confidential were they subject to article 14 of 32 the civil service law, except those positions in the Cornell service and 33 maintenance unit that are subject to the terms of a collective bargain- 34 ing agreement between Cornell University and the employee organization 35 representing employees in such positions and except those positions in 36 the Alfred service and maintenance unit that are subject to the terms of 37 a collective bargaining agreement between Alfred University and the 38 employee organization representing employees in such positions, in 39 institutions under the management and control of Cornell and Alfred 40 universities as representatives of the board of trustees of the state 41 university may be increased pursuant to plans approved by the state 42 university trustees. Such plans may include a new salary schedule which 43 shall supersede the salary schedules then in effect applicable to such 44 employees. Such plans shall provide for an increase in basic annual 45 salary, which, exclusive of performance advancement payments or merit 46 recognition payments, shall not exceed in the aggregate two percent of 47 the total basic annual salary rates in effect on March 31, 2022. 48 4. For the purposes of this section, the basic annual salary of an 49 employee is that salary that is obtained through direct appropriation of 50 state moneys for the purpose of paying wages. Nothing in this part shall 51 prevent increasing amounts paid to incumbents of such positions in the 52 professional service in addition to the basic annual salary, provided, 53 however, that the amounts required for such increase and the cost of 54 fringe benefits attributable to such increase, as determined by the 55 comptroller, are made available to the state in accordance with theS. 9478 25 1 procedures established by the state university, with the approval of the 2 director of the budget, for such purposes. 3 5. Notwithstanding any of the foregoing provisions of this section or 4 any law to the contrary, any increase in compensation may be withheld in 5 whole or in part from any employee to whom the provisions of this 6 section apply pursuant to section fourteen of this act. 7 § 7. Compensation for certain state employees in the state university 8 that are designated, stipulated, or excluded from negotiating units as 9 managerial or confidential pursuant to article 14 of the civil service 10 law and certain employees of contract colleges at Cornell and Alfred 11 universities. 12 1. The provisions of this subdivision shall apply only to incumbents 13 of positions in bargaining unit 13 in the professional service of the 14 state university that are designated, stipulated or excluded from nego- 15 tiating units as managerial or confidential pursuant to article 14 of 16 the civil service law. 17 (a) For each of the years 2021 and 2022, there shall be available an 18 amount equal to one-half of one percent (0.5%) of the total of the basic 19 annual salaries on June 30 of each such year of incumbents to whom the 20 provisions of this subdivision apply, for distribution to such incum- 21 bents on the payroll on June 30 of each such year and at the time of 22 payment by the state university trustees in their discretion, and 23 subject to the approval of the chancellor and the director of the budg- 24 et. 25 (b) Additionally, for each of the years 2021 and 2022 there also shall 26 be available an amount equal to one-half of one percent (0.5%) of the 27 total of the basic annual salaries on June 30 of each such year of 28 incumbents to whom the provisions of this subdivision apply, for 29 distribution to such incumbents on the payroll on June 30 of each such 30 year and at the time of payment by the state university trustees in 31 their discretion, and subject to the approval of the chancellor and the 32 director of the budget, to address equity, compression and inversion 33 issues. Such distributions as described in this paragraph shall occur 34 not later than December 31 of each year, and shall be retroactive to 35 July 1 of such year. 36 2. The compensation increases in subdivision one of this section may 37 also be provided by Cornell and Alfred universities, within available 38 appropriations, at their discretion, and with the requisite approval of 39 the state university trustees and the director of the budget, to incum- 40 bents of positions in the institutions under the management of Cornell 41 and Alfred universities as representative of the board of trustees of 42 the state university of New York that, in the opinion of the director of 43 employee relations, would be designated managerial or confidential were 44 they subject to article 14 of the civil service law. 45 § 8. Location compensation for certain state officers and employees. 46 1. This section shall apply to all full-time annual salaried state 47 officers and employees and non-annual salaried seasonal state officers 48 and employees except the following: 49 (a) officers and employees of the legislature and the judiciary, 50 including officers and employees of boards, bodies and commissions that 51 are deemed to be part of the legislature or judiciary for the purposes 52 of section 49 of the state finance law; 53 (b) officers and employees whose salaries are prescribed by or deter- 54 mined in accordance with section 40, 60, 169, 215 or 216 of the execu- 55 tive law;S. 9478 26 1 (c) incumbents of allocated or unallocated positions in the profes- 2 sional service in the state university and in institutions under the 3 management and control of Cornell and Alfred universities as represen- 4 tatives of the board of trustees of the state university; 5 (d) officers and employees who are in recognized or certified collec- 6 tive negotiating units pursuant to article 14 of the civil service law. 7 2. Notwithstanding the provisions of section 15 of chapter 333 of the 8 laws of 1969, as amended, officers and employees subject to this section 9 whose principal place of employment or, in the case of field employees, 10 whose official station as determined in accordance with the regulations 11 of the comptroller is located: 12 (a) in the county of Monroe and who were eligible to receive location 13 pay on March 31, 1985, shall receive location pay at the rate of $200 14 per year provided they continue to be otherwise eligible. 15 (b) in the city of New York, or in the county of Rockland, Westches- 16 ter, Nassau, or Suffolk shall continue to receive a downstate adjustment 17 at the rate of $3,026 effective October 1, 2008. 18 (c) in the county of Dutchess, Orange, or Putnam shall continue to 19 receive a mid-Hudson adjustment at the rate of $1,513 effective October 20 1, 2008. 21 3. Such location payments shall be in addition to and shall not be a 22 part of an employee's basic annual salary and shall not affect or impair 23 any advancements or other rights or benefits to which an employee may be 24 entitled by law, provided, however, that location payments shall be 25 included as compensation for purposes of computation of overtime pay and 26 for retirement purposes. 27 4. For the sole purpose of continuing eligibility for location pay in 28 Monroe county, an employee previously eligible to receive location pay 29 on March 31, 1985 who is on an approved leave of absence or participates 30 in an employer program to reduce to part-time service during summer 31 months shall continue to be eligible for said location pay upon return 32 to full-time state service in Monroe county. 33 § 9. Continuation of location compensation for certain officers and 34 employees of the Hudson Valley developmental disabilities services 35 office. 1. Notwithstanding any law, rule or regulation to the contrary, 36 any officer or employee of the Hudson Valley developmental disabilities 37 services office not represented in collective negotiating units estab- 38 lished pursuant to article 14 of the civil service law who is receiving 39 location pay pursuant to section 5 of chapter 174 of the laws of 1993 40 shall continue to receive such location pay under the conditions and at 41 the rates specified by such section. 42 2. Notwithstanding section eight of this act or any other provision of 43 law, rule or regulation to the contrary, any officer or employee of the 44 Hudson Valley developmental disabilities services office not represented 45 in collective negotiating units established pursuant to article 14 of 46 the civil service law who is receiving location pay pursuant to section 47 eight of this act shall continue to be eligible for such location pay if 48 such officer's or employee's principal place of employment is changed to 49 a location outside of the county of Rockland as the result of a 50 reduction or redeployment of staff, provided, however, that such officer 51 or employee is reassigned to or otherwise appointed or promoted to a 52 different position at another work location within such Hudson Valley 53 developmental disabilities services office located outside of the county 54 of Rockland. The rate of such continued location pay shall not exceed 55 the rate such officer or employee is receiving on the date of such reas- 56 signment, appointment, or promotion.S. 9478 27 1 § 10. Overtime meal allowance. Notwithstanding any other provision of 2 law to the contrary, individuals in positions in the classified service 3 of the state of New York designated managerial or confidential pursuant 4 to article 14 of the civil service law, shall continue to receive, 5 effective April 1, 2011, an overtime meal allowance in the amount of 6 $5.50 pursuant to eligibility guidelines developed by the director of 7 employee relations. 8 § 11. Effect of participation in special annuity program. No officer 9 or employee participating in a special annuity program pursuant to the 10 provisions of article 8-C of the education law shall, by reason of an 11 increase in compensation pursuant to this act, suffer any reduction of 12 the salary adjustment to which that employee would otherwise be entitled 13 by reason of participation in such program, and such salary adjustment 14 shall be based upon the salary of such officer or employee without 15 regard to the reduction authorized by such article. 16 § 12. Notwithstanding any provision of law to the contrary, the appro- 17 priations contained in this act shall be available to the state for the 18 payment of grievance settlements and awards pursuant to executive order 19 42, dated October 14, 1970, and title 9, part 560, official compilation 20 of codes, rules and regulations of the state of New York. 21 § 13. Date of entitlement to salary increase. Notwithstanding the 22 provisions of this act or of any other law, the increase in salary or 23 compensation of any officer or employee provided by this act shall be 24 added to the salary or compensation of such officer or employee at the 25 beginning of that payroll period the first day of which is nearest to 26 the effective date of such increases as provided in this act, or at the 27 beginning of the earlier of two payroll periods the first days of which 28 are nearest but equally near to the effective dates of such increases as 29 provided in this act, provided, however, that for the purposes of deter- 30 mining the salary of such officer or employee upon reclassification, 31 reallocation, appointment, promotion, transfer, demotion, reinstatement 32 or other change of status, such salary increase shall be deemed to be 33 effective on the date thereof as prescribed in this act, and the payment 34 thereof pursuant to this section on a date prior thereto, instead of on 35 such effective date, shall not operate to confer any additional salary 36 rights or benefits on such officer or employee. Payment of such salary 37 increase may be deferred pursuant to section fourteen of this act. 38 § 14. Deferred payment of salary increase. Notwithstanding the 39 provisions of any other section of this act or any other provision of 40 law to the contrary, pending payment pursuant to this act of the basic 41 annual salaries of incumbents of positions subject to this act, such 42 incumbents shall receive, as partial compensation for services rendered, 43 the rate of salary and other compensation otherwise payable in their 44 respective positions. An incumbent holding a position subject to this 45 act at any time during the period from April 1, 2021, until the time 46 when basic annual salaries and other compensation due are first paid 47 pursuant to this act for such services in excess of the salary and other 48 compensation actually received therefor, shall be entitled to a lump sum 49 payment for the difference between the salary and other compensation to 50 which such incumbent is entitled for such services and the salary and 51 other compensation actually received. 52 § 15. 1. Notwithstanding the provisions of any other section of this 53 act or any other provision of law to the contrary, any increase in 54 compensation provided: (a) in this act, or (b) as a result of a 55 promotion, appointment, or advancement to a position in a higher salary 56 grade, or (c) pursuant to paragraph (c) of subdivision 6 of section 131S. 9478 28 1 of the civil service law, or (d) pursuant to paragraph (b) of subdivi- 2 sion 8 of section 130 of the civil service law, or (e) pursuant to para- 3 graph (a) of subdivision 3 of section 13 of chapter 732 of the laws of 4 1988, as amended, may be withheld in whole or in part from any officer 5 or employee when, in the opinion of the director of the budget, such 6 withholding is necessary to reflect the job performance of such officer 7 or employee, or to maintain appropriate salary relationships among offi- 8 cers or employees of the state, or to reduce state expenditures to 9 acceptable levels or when, in the opinion of the director of the budget, 10 such increase is not warranted or is not appropriate. As a result of an 11 exercise of the director's authority under this act to withhold any 12 increase, such salary schedules as defined in section one of this act 13 shall be implemented and/or modified by the director of the budget, as 14 necessary, consistent with the provision or withholding of such 15 increases pursuant to this section. 16 2. Notwithstanding the provisions of any other section of this act, 17 the salary increase provided for in this act shall not be implemented 18 until the director of the budget delivers notice to the comptroller that 19 such amounts may be paid. 20 § 16. Use of appropriations. Notwithstanding any provision of the 21 state finance law or any other provision of law to the contrary, the 22 state comptroller is authorized to pay any amounts required during the 23 fiscal year commencing April 1, 2022 by the provisions of this act for 24 any state department or agency from any appropriation or other funds 25 available to such state department or agency for personal service or for 26 other related employee benefits during such fiscal year. To the extent 27 that such appropriations are insufficient in any fund to accomplish the 28 purposes herein set forth, the director of the budget is authorized to 29 allocate to the various departments and agencies, from any appropri- 30 ations available in any fund, the amounts necessary to pay such amounts. 31 The aforementioned appropriations shall be available for payment of any 32 liabilities or obligations incurred prior to April 1, 2022 in addition 33 to current liabilities. 34 § 17. Notwithstanding any provision of the state finance law or any 35 other provision of law to the contrary, the sum of $130,000,000 is here- 36 by appropriated in the general fund/state purposes account (10050) in 37 miscellaneous-all state departments and agencies solely for 38 apportionment/transfer by the director of the budget for use by any 39 state department or agency in any fund for the state fiscal year April 40 1, 2022 through March 31, 2023 to supplement appropriations for personal 41 service, other than personal service and fringe benefits, and to carry 42 out the provisions of this act. No money shall be available for expendi- 43 ture from this appropriation until a certificate of approval has been 44 issued by the director of the budget and a copy of such certificate or 45 any amendment thereto has been filed with the state comptroller, the 46 chair of the senate finance committee and the chair of the assembly ways 47 and means committee. The monies hereby appropriated are available for 48 payment of any liabilities or obligations incurred prior to or during 49 the state fiscal year April 1, 2022 through March 31, 2023. For this 50 purpose, the monies appropriated shall remain in full force and effect 51 for the payment of liabilities incurred on or before March 31, 2023. 52 § 18. This act shall take effect immediately and shall be deemed to 53 have been in full force and effect on and after April 1, 2021. Appro- 54 priations made by this act shall remain in full force and effect for 55 liabilities incurred through March 31, 2023. ------------------------------------------------------------------------S. 9478 29 REPEAL NOTE.--Subparagraphs 1, 2, 3, 4 and 5 of paragraph d of subdi- vision 1 of section 130 of the civil service law, repealed by section one of this act, provided salary schedules for unrepresented state employees and are replaced by revised salary schedules in new subpara- graphs 1 and 2. Subdivision 1 of section 19 of the correction law, repealed by section two of this act, provided salary schedules for superintendents of correctional facilities and are replaced by revised salary schedules in new subdivision 1. 1 § 2. Severability clause. If any clause, sentence, paragraph, subdivi- 2 sion, section or part contained in any part of this act shall be 3 adjudged by any court of competent jurisdiction to be invalid, such 4 judgment shall not affect, impair, or invalidate the remainder thereof, 5 but shall be confined in its operation to the clause, sentence, para- 6 graph, subdivision, section or part contained in any part thereof 7 directly involved in the controversy which such judgment shall have been 8 rendered. It is hereby declared to be the intent of the legislature that 9 this act would have been enacted even if such invalid provisions had not 10 been included herein. 11 § 3. This act shall take effect immediately provided, however, that 12 the applicable effective date of Parts A through B of this act shall be 13 as specifically set forth in the last section of such Part.
