Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jul 11, 2009 |
signed chap.214 |
Jul 10, 2009 |
delivered to governor |
Jul 09, 2009 |
returned to assembly repassed senate |
Jun 30, 2009 |
vote reconsidered - restored to third reading passed senate 3rd reading cal.713 substituted for s5966 |
Jun 30, 2009 |
substituted by a8955 ordered to third reading cal.713 committee discharged and committed to rules |
Jun 19, 2009 |
referred to finance |
Senate Bill S5966
Signed By Governor2009-2010 Legislative Session
Relates to the compensation and benefits of certain state correctional officers; repealer; appropriation
download bill text pdfSponsored By
(D, IP) Senate District
Archive: Last Bill Status Via A8955 - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jul 9, 2009
aye (62)- Adams
- Addabbo Jr.
- Alesi
- Aubertine
- Bonacic
- Breslin
- DeFrancisco
- Diaz
- Dilan
- Duane
- Espada
- Farley
- Flanagan
- Foley
- Fuschillo
- Golden
- Griffo
- Hannon
- Hassell-Thompson
- Huntley
- Johnson
- Johnson
- Klein
- Krueger
- Kruger
- LaValle
- Lanza
- Larkin
- Leibell
- Libous
- Little
- Marcellino
- Maziarz
- McDonald
- Monserrate
- Montgomery
- Morahan
- Nozzolio
- Onorato
- Oppenheimer
- Padavan
- Parker
- Perkins
- Ranzenhofer
- Robach
- Saland
- Sampson
- Savino
- Schneiderman
- Serrano
- Seward
- Skelos
- Smith
- Squadron
- Stachowski
- Stavisky
- Stewart-Cousins
- Thompson
- Valesky
- Volker
- Winner
- Young
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Jun 30, 2009 - Rules Committee Vote
S596613Aye0Nay0Aye with Reservations11Absent0Excused0Abstained-
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Rules Committee Vote: Jun 30, 2009
aye (13)
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2009-S5966 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8955
- Law Section:
- Appropriations
- Laws Affected:
- Rpld & add §130 sub 1 ¶g, Civ Serv L; amd §207-a, St Fin L; amd Part B §7, Chap 10 of 2008; amd §17, Chap 333 of 1969
2009-S5966 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5966 REVISED TITLE OF BILL : An act to amend the civil service law and the state finance law, in relation to compensation, benefits and other terms and conditions of employment of certain state correctional officers and certain other employees employed within the state department of correctional services; authorizing funding of joint labor-management committees; implementing an interest arbitration award issued pursuant to subdivision 4 of section 209 of the civil service law 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; and to amend chapter 10 of the laws of 2008 amending the civil service law and the state finance law relating to compensation and other terms and conditions of employment of certain state officers and employees, in relation to providing compensation for seasonal management/confidential employees; making an appropriation therefor; and repealing certain provisions of the civil service law relating thereto PURPOSE : This bill would implement the provisions of an interest
arbitration-award ("Award") binding the State of New York and the employee organization ("NYSCOPBA") representing full-time members of the Security Services collective negotiating unit ("members of the unit" or "unit members") who are employed within the State Department of Correctional Services and designated as peace officers pursuant to Criminal Procedure Law ("CPL") § 2.10. This bill also would also provide inconvenience pay and location compensation for seasonal managerial/confidential employees, to remedy an omission in a previous pay bill. SUMMARY OF PROVISIONS : Section 1 of the bill would repeal Civil Service Law ("CSL") § 130(1)(g) and add a new paragraph (g) to the section to establish a new salary schedule for members of the unit to reflect increases in basic annual salary, effective April 1, 2007 and April 1, 2008 Section 2 of the bill would amend State Finance Law ("SFL") § 207-a(b) to provide for payments by the Director of Employee Relations to the Employee Benefit Fund for members of the unit. For the period April 1, 2007 to March 31, 2008, such payment would be $35 for each member of the unit; for the period April 1, 2008 through March 31, 2009, the payment would be $40 per unit member. Section 3 of the bill would provide for the compensation of members of the unit in accordance with the terms of the Award, including: * effective April 1, 2007, a 3% increase in basic annual salary of unit members. * effective April 1, 2008, a 3% increase in basic annual salary of unit members. * advancement payments to members of the unit pursuant to CSL § 131 (6); and * enhanced longevity step payments. This section would also give to the Director of the Budget and the Director of Employee Relations discretion to withhold all or a portion of a unit member's salary increase, where any such increase would not be appropriate or warranted. Section 4 of the bill would provide additional compensation to members of the unit, in accordance with the terms of the Award, in recognition of the general requirement for full-time employees to assemble for briefing prior to the commencement of their duties. Each member of the unit would receive a minimum of $4.80 per day for pre-shift briefing, or a minimum of $24 per week in the event of such member's absence from work. Such compensation would be excluded from a unit member's annual salary as overtime pay, but included for retirement purposes. Section 5 of the bill would provide location pay for unit members. Unit members whose official workstation is New York City or the counties of Nassau, Suffolk, Westchester or Rockland, as follows: (i) effective April 1, 2007, $3,117 and (ii) effective April 1, 2008, $3,210. Location pay for unit members whose official workstation is Orange, Putnam or Dutchess County would be: (i) effective April 1, 2007; $1,160 and (ii) effective April 1, 2008, $1,195. Such payments would be equally divided over 26 payroll periods and count as compensation for overtime and retirement purposes. Section 6 of the bill would provide for annual inconvenience pay t6 unit members. Effective April 1, 2007, unit members who work the night shift or evening shift would receive $900 and $1,800, respectively. Section 7 of the bill would provide unit members with expanded duty pay in the amount of $1,500 per year, effective April 1, 2007. Such compensation would be equally divided over 26 payroll periods and be included as compensation for the purpose of overtime and retirement. Section 8 of the bill would continue, for the period of April 1, 2007 through March 31, 2009, a Statewide Joint Labor-Management Committee to study various labor-related issues including employee assistance, performance evaluation, education and training, quality of work life. Section 9 of the bill would provide for location pay to seasonal employees who are management/confidential by removing the current restriction on such payment. Section 10 of the bill would provide for the payment of inconvenience pay to seasonal management/confidential employees who are required to work 4 or more hours between the hours of 6 p.m. and 6 a.m., exclusive of any hours for which he or she receives overtime compensation. This benefit has already been extended to other non-seasonal management/confidential employees. Section 11 of the bill would make available the appropriations contained in the bill to continue the payment and publication of grievance arbitration settlements and awards. Section 12 of the bill would provide that no increase in compensation set forth in the bill would be payable to a Correction Officer Trainee or Correction Officer Trainee, Spanish Language until he or she is designated as a peace officer pursuant to CPL § 2.10(25). Section 13 of the bill would continue to exempt the salaries of newly hired unit members from the imposition of "deferred payment" pursuant to SFL § 200(2-a). Section 14 of the bill would set the date upon which incumbent members of the unit would receive the salary increases provided by the Award. Section 15 of the bill would provide that until payment is made pursuant to this bill, members of the unit will receive payment otherwise payable ill their respective positions. When basic annual salaries are first paid pursuant to this bill, such members shall be entitled to a lump sum payment for the difference between the salaries to which they were entitled since April 1, 2007 and the compensation actually received, Section 16 of the bill would authorize the Comptroller to pay any amounts required by the bill. To the extent that existing appropriations available to any State department or .agency are insufficient to accomplish the purposes set forth in this section, the Director of the Budget would be authorized to allocate to the various departments and agencies the amounts necessary to make such payments. Section 17 of the bill would appropriate approximately $319 million in the General Fund to pay for personal and non-personal services for members of the unit as provided in this bill and in accordance with the terms of the Award. Section 18 of the bill would provide that it take effect immediately and be deemed to have been in full force and effect on and after April 1, 2007. EXISTING LAW : Chapter 113 of the Laws of 2006 and Chapter 18 of the Laws of 2007 implement the terms and conditions of employment for members of the unit for the period April 1, 2003 to March 31, 2007. CSL § 130(1) establishes the current salary schedules and longevity schedule for members of the unit. CSL § 134(5) establishes the current pre-shift briefing payment. Subdivision 1 of section 7 of part B of chapter 10 of the laws of 2008 establishes location compensation for the officers and employees enumerated therein. Subdivision 2 of section 17 of chapter 333 of the laws of 1969 provides for the payment of inconvenience pay for the officers and employees listed therein. PRIOR LEGISLATIVE HISTORY : None. STATEMENT IN SUPPORT : This bill is necessary to implement the terms of an interest arbitration award issued pursuant to CSL § 209(4), binding the State of New York and NYSCOPBA, the employee organization representing members of the Security Services collective negotiating unit. Sections 9 and 10 of this bill are necessary to implement inconvenience pay and location compensation for seasonal managerial/confidential employees, to remedy an omission in a previous bill and provide compensation for such employees consistent with that of other State officers and employees. BUDGET IMPLICATIONS : This bill would provide appropriations totaling approximately $319 million (General Fund/All Funds) to pay for the cost of the interest arbitration award during the period April 1,2007 to March 31,2009. EFFECTIVE DATE : This bill would take effect immediately and be deemed to have been in full force and effect on and after April 1, 2007.
2009-S5966 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5966 2009-2010 Regular Sessions I N S E N A T E June 19, 2009 ___________ Introduced by Sen. SAVINO -- (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, benefits and other terms and conditions of employment of certain state correctional officers and certain other employees employed within the state department of correctional services; authorizing funding of joint labor-management committees; implementing an interest arbitration award issued pursuant to subdivi- sion 4 of section 209 of the civil service law 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; and to amend chap- ter 10 of the laws of 2008 amending the civil service law and the state finance law relating to compensation and other terms and condi- tions of employment of certain state officers and employees, in relation to providing compensation for seasonal management/confidential employees; making an appropriation therefor; and repealing certain provisions of the civil service law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph g of subdivision 1 of section 130 of the civil service law is REPEALED and a new paragraph g is added to read as follows: G. PURSUANT TO THE TERMS OF AN INTEREST ARBITRATION AWARD ISSUED PURSUANT TO SUBDIVISION FOUR OF SECTION TWO HUNDRED NINE OF THIS CHAPTER COVERING MEMBERS OF THE SECURITY SERVICES COLLECTIVE NEGOTIATING UNIT WHO ARE EMPLOYED WITHIN THE STATE DEPARTMENT OF CORRECTIONAL SERVICES AND WHO ARE DESIGNATED AS PEACE OFFICERS PURSUANT TO SECTION 2.10 OF THE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12093-01-9
S. 5966 2 CRIMINAL PROCEDURE LAW, EFFECTIVE ON THE DATES INDICATED, SALARY GRADES FOR SUCH UNIT MEMBERS SHALL BE AS FOLLOWS: (1) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVEN: PERF. PERF. PERF. PERF. PERF. LONG AD- AD- AD- AD- AD- MAX. HIR- VANCE VANCE VANCE VANCE VANCE 10-YR 15-YR 20-YR 25-YR ING STEP STEP STEP STEP STEP JOB PERF. LONG LONG LONG LONG SG RATE 1 2 3 4 5 RATE ADV. STEP STEP STEP STEP 1 22588 23467 24346 25225 26104 26983 27862 879 29414 30780 33246 34612 2 23352 24277 25202 26127 27052 27977 28902 925 30543 31989 34523 35969 3 24420 25386 26352 27318 28284 29250 30216 966 31928 33435 36022 37529 4 25445 26463 27481 28499 29517 30535 31553 1018 33475 34938 37594 39057 5 26573 27642 28711 29780 30849 31918 32987 1069 34881 36548 39275 40942 6 27879 29005 30131 31257 32383 33509 34635 1126 36630 38387 41192 42949 7 29365 30536 31707 32878 34049 35220 36391 1171 38466 40291 43156 44980 8 30928 32143 33358 34573 35788 37003 38218 1215 40374 42271 45198 47096 9 32564 33834 35104 36374 37644 38914 40184 1270 42438 44420 47423 49406 10 34322 35657 36992 38327 39662 40997 42332 1335 44693 46771 49853 51932 11 36255 37644 39033 40422 41811 43200 44589 1389 47046 49211 52371 54536 12 38180 39630 41080 42530 43980 45430 46880 1450 49453 51716 54961 57224 13 40363 41877 43391 44905 46419 47933 49447 1514 52127 54483 57813 60168 14 42589 44176 45763 47350 48937 50524 52111 1587 54918 57388 60812 63282 15 44947 46597 48247 49897 51547 53197 54847 1650 57771 60343 63857 66429 16 47391 49116 50841 52566 54291 56016 57741 1725 60796 63485 67100 69789 17 49959 51777 53595 55413 57231 59049 60867 1818 64083 66912 70650 73479 18 52708 54615 56522 58429 60336 62243 64150 1907 67531 70507 74370 77345 19 55493 57485 59477 61469 63461 65453 67445 1992 70974 74079 78055 81160 20 58257 60340 62423 64506 66589 68672 70755 2083 74447 77697 81798 85048 21 61301 63472 65643 67814 69985 72156 74327 2171 78176 81564 85784 89171 22 64488 66787 69086 71385 73684 75983 78282 2299 82353 85933 90325 93905 23 67889 70254 72619 74984 77349 79714 82079 2365 86273 89963 94447 98137 24 71471 73923 76375 78827 81279 83731 86183 2452 90529 94354 98957 102782 25 75364 77922 80480 83038 85596 88154 90712 2558 95244 99234 103975 107966 (2) EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHT: PERF. PERF. PERF. PERF. PERF. LONG AD- AD- AD- AD- AD- MAX. HIR- VANCE VANCE VANCE VANCE VANCE 10-YR 15-YR 20-YR 25-YR ING STEP STEP STEP STEP STEP JOB PERF. LONG LONG LONG LONG SG RATE 1 2 3 4 5 RATE ADV. STEP STEP STEP STEP 1 23266 24171 25076 25981 26886 27791 28696 905 30295 31702 34242 35649 2 24053 25006 25959 26912 27865 28818 29771 953 31461 32951 35561 37050 3 25153 26148 27143 28138 29133 30128 31123 995 32886 34439 37103 38655 4 26208 27257 28306 29355 30404 31453 32502 1049 34482 35989 38724 40231 5 27370 28471 29572 30673 31774 32875 33976 1101 35927 37644 40453 42170 6 28715 29875 31035 32195 33355 34515 35675 1160 37730 39540 42429 44238 7 30246 31452 32658 33864 35070 36276 37482 1206 39619 41499 44450 46329 8 31856 33108 34360 35612 36864 38116 39368 1252 41589 43543 46557 48512 9 33541 34849 36157 37465 38773 40081 41389 1308 43711 45752 48845 50888 10 35352 36727 38102 39477 40852 42227 43602 1375 46034 48174 51349 53490 11 37343 38774 40205 41636 43067 44498 45929 1431 48460 50690 53944 56174 12 39325 40819 42313 43807 45301 46795 48289 1494 50939 53270 56612 58943 13 41574 43133 44692 46251 47810 49369 50928 1559 53688 56115 59545 61971 S. 5966 3 14 43867 45502 47137 48772 50407 52042 53677 1635 56568 59112 62639 65183 15 46295 47995 49695 51395 53095 54795 56495 1700 59507 62156 65775 68424 16 48813 50590 52367 54144 55921 57698 59475 1777 62622 65391 69115 71884 17 51458 53331 55204 57077 58950 60823 62696 1873 66008 68922 72772 75686 18 54289 56253 58217 60181 62145 64109 66073 1964 69555 72621 76600 79664 19 57158 59210 61262 63314 65366 67418 69470 2052 73105 76303 80398 83596 20 60005 62151 64297 66443 68589 70735 72881 2146 76684 80031 84255 87603 21 63140 65376 67612 69848 72084 74320 76556 2236 80520 84010 88357 91845 22 66423 68791 71159 73527 75895 78263 80631 2368 84824 88512 93035 96723 23 69926 72362 74798 77234 79670 82106 84542 2436 88862 92663 97281 101082 24 73615 76141 78667 81193 83719 86245 88771 2526 93247 97187 101928 105868 25 77625 80260 82895 85530 88165 90800 93435 2635 98103 102213 107096 111207 S 2. Subdivision 2 of section 207-a of the state finance law, as amended by chapter 113 of the laws of 2006, is amended to read as follows: 2. Where and to the extent that an agreement between the state and an employee organization entered into pursuant to article fourteen of the civil service law or an interest arbitration award issued pursuant to subdivision four of section two hundred nine of the civil service law between the state and an employee organization so provides on behalf of employees in the collective negotiating unit designated as the security services unit established pursuant to article fourteen of the civil service law, and upon audit and warrant of the comptroller, the director shall provide for the payment of moneys to such employee organization for the establishment and maintenance of an employee benefit fund estab- lished by the employee organization for the employees in the negotiating unit covered by the controlling provision of such agreement or award providing for such employee benefit fund, such amount to be determined consistent with said agreement or award on the basis of the number of full-time annual salaried employees, as determined by the comptroller, on the payroll on the last day of the payroll period in which March first, two thousand [three] SEVEN, falls for payments to be made on April first, two thousand [three] SEVEN, on the last day of the payroll period in which March first, two thousand [four] EIGHT falls for payments to be made on April first, two thousand [four, on the last day of the payroll period in which March first, two thousand five falls for payments to be made on April first, two thousand five and on the last day of the payroll period in which March first, two thousand six falls for payments to be made on April first, two thousand six] EIGHT. The amount, which will be determined pursuant to this section, for employees who are paid from special or administrative funds, other than the gener- al fund or the capital projects fund of the state, will be paid from the appropriations as provided by law, in which case the comptroller will establish procedures to ensure repayment from said special or adminis- trative funds. The director may enter into an agreement with an employee organization which sets forth the specific terms and conditions for the establishment and administration of an employee benefit fund as a condi- tion for the transmittal of moneys pursuant to this section. S 3. Compensation for members of the security services collective negotiating unit pursuant to an interest arbitration award issued pursu- ant to subdivision 4 of section 209 of the civil service law. 1. The provisions of this section shall apply to full-time members of the security services collective negotiating unit employed within the state department of correctional services, who are designated as peace officers pursuant to section 2.10 of the criminal procedure law. S. 5966 4 2. Effective April 1, 2007 the basic annual salary of members of the security services collective negotiating unit who are in annual salaried employment status on March 31, 2007 shall be increased by 3 percent. 3. Effective April 1, 2008 the basic annual salary of members of the security services collective negotiating unit who are in annual salaried employment status on March 31, 2008 shall be increased by 3 percent. 4. Payments pursuant to the provisions of subdivision 6 of section 131 of the civil service law for members of the security services collective negotiating unit who are entitled to such payments shall be payable pursuant to the terms of a determination made by the arbitration panel pursuant to the terms of an agreement between the state and an employee organization representing employees subject to the provisions of this section. 5. Effective April 1, 2007 pursuant to the terms of an interest arbi- tration award issued pursuant to subdivision 4 of section 209 of the civil service law covering members of the security services collective negotiating unit who are employed with the state department of correc- tional services and who are designated as peace officers pursuant to section 2.10 of the criminal procedure law, for such unit members who are on the institutional payroll, the ten year, fifteen year, twenty year and twenty-five year longevity step payment for such unit members to whom the provisions of this section apply shall be that amount prescribed by subparagraphs 1 and 2 of paragraph g of subdivision 1 of section 130 of the civil service law as added by section one of this act. 6. Notwithstanding any of the foregoing provisions of this section, if the basic annual salary of such unit members to whom the provisions of this section apply is identical with the hiring rate, performance advance step one, performance advance step two, performance advance step three, performance advance step four, performance advance step five, the job rate, the ten year longevity step, the fifteen year longevity step, the twenty year longevity step or the twenty-five year longevity step of the salary grade of his or her position on March 31, 2007 for such unit members to whom the provisions of this section apply on the institu- tional payroll, such basic annual salary shall be increased to the hiring rate, performance advance step one, two, three, four or five, the job rate, the ten year longevity step, the fifteen year longevity step, the twenty year longevity step or twenty-five year longevity step of such salary grade as contained in subparagraph 1 of paragraph g of subdivision 1 of section 130 of the civil service law, as added by section one of this act, to take effect on April 1, 2007 for such unit members to whom the provisions of this section apply on the institu- tional payroll. If the basic annual salary of such unit members to whom the provisions of this section apply is identical with the hiring rate, performance advance step one, performance advance step two, performance advance step three, performance advance step four, performance advance step five, the job rate, the ten year longevity step, the fifteen year longevity step, the twenty year longevity step or twenty-five year longevity step of the salary grade of his or her position on March 31, 2008 for such unit members to whom the provisions of this section apply on the institutional payroll such basic annual salary shall be increased to the hiring rate, performance advance step one, two, three, four or five, the job rate, the ten year longevity step, the fifteen year longevity step, the twenty year longevity step or the twenty-five year longevity step of such salary grade as contained in subparagraph 2 of paragraph g of subdivision 1 of section 130 of the civil service law, as S. 5966 5 added by section one of this act, to take effect on April 1, 2008 for such unit members to whom the provisions of this section apply on the institutional payroll. The increases in basic annual salary provided by this subdivision shall be in lieu of any increase in basic annual salary provided for in subdivisions two and three of this section. 7. If an unencumbered position is one which if encumbered, would be subject to the provisions of this section, the salary of such position shall be increased by the salary increase amounts specified in this section. If a position is created, and is filled by the appointment of such unit member to whom the provisions of this section apply, the sala- ry otherwise provided for such position shall be increased in the same manner as though such position had been in existence but unencumbered. Notwithstanding the provisions of this section, the director of the budget may reduce the salary of any such position, which is or becomes vacant. 8. Notwithstanding any of the foregoing provisions of this section, any increase in compensation may be withheld in whole or in part from any such unit members to whom the provisions of this section apply when, in the opinion of the director of the budget and the director of employ- ee relations, such increase is not warranted or is not appropriate. S 4. Additional compensation for members of the security services collective negotiating unit who are employed within the state department of correctional services and who are designated as peace officers, pursuant to section 2.10 of the criminal procedure law, in recognition of pre-shift briefing. 1. In recognition of the general requirement for full-time unit members to assemble for briefing prior to the commencement of duties, where and to the extent a determination made by the public arbitration panel so provides on behalf of such unit members to whom the provisions of this section apply on behalf of each such employee except such employee receiving additional compensation pursuant to subdivision 5 of section 134 of the civil service law, such members shall receive addi- tional compensation in recognition of pre-shift briefing. 2. Each such unit member to whom the provisions of this section apply, shall receive a minimum of $4.80 for each day while in payroll status when such pre-shift briefing time is not otherwise compensated at a greater amount at the one and one-half times the hourly rate of pay provided for by subdivision 1 of section 134 of the civil service law and the rules and regulations of the director of the budget. Each such unit member to whom the provisions of this section apply, subject to the provisions of this section, shall be guaranteed a minimum of $24 per week in addition to base pay. No payments authorized pursuant to this section shall be made to an employee who is in non-pay status for that day. 3. Any such additional compensation pursuant to this section shall be paid in addition to and shall not be a part of such employee's basic annual salary and shall not be included as compensation for the purposes of computation of overtime pay, provided, however, that such additional compensation shall be included for retirement purposes. Notwithstanding the foregoing provisions of this section or of any other law, such addi- tional compensation as added by this section shall be in lieu of the continuation of any other additional compensation for such unit members in recognition of pre-shift briefing. S 5. Locational compensation for members of the security services collective negotiating units. S. 5966 6 1. Pursuant to the terms of an interest arbitration award issued pursuant to subdivision 4 of section 209 of the civil service law cover- ing members of the security services collective negotiating unit who are employed within the state department of correctional services and who are designated as peace officers pursuant to section 2.10 of the crimi- nal procedure law, and notwithstanding any inconsistent provision of law, effective April 1, 2007, for such unit members to whom the provisions of this section apply who are full-time employees and in employment status on March 31, 2007, and whose principal place of employment, or in the case of a field employee, whose official station as determined in accordance with the regulations of the state comp- troller is located in the city of New York or in the counties of Nassau, Suffolk, Westchester or Rockland, location compensation shall be increased to $3,117. Effective April 1, 2008, this amount shall be increased to $3,210. 2. Effective April 1, 2007, for such unit members to whom the provisions of this section apply who are full-time employees and in employment status on March 31, 2007, and whose principal place of employment, or in the case of a field employee, whose official station as determined in accordance with the regulations of the state comp- troller is located in the counties of Orange, Putnam or Dutchess, location compensation shall be increased to $1,160. Effective April 1, 2008, this amount shall be increased to $1,195. 3. Payments for location compensation pursuant to this section shall be equally divided over the 26 payroll periods in each fiscal year and shall count as compensation for overtime and retirement purposes; provided, however, that effective April 1, 2007, there shall be no other separate payments for location or supplemental location compensation. Payments pursuant to this section shall be offset by any location and/or supplemental location compensation already received by such unit members. S 6. Inconvenience pay. Pursuant to the terms of an interest arbi- tration award issued pursuant to subdivision 4 of section 209 of the civil service law covering members of the security services collective negotiating unit who are employed within the state department of correc- tional services and who are designated as peace officers pursuant to section 2.10 of the criminal procedure law, effective April 1, 2007, such unit members to whom the provisions of this section apply who work the evening shift as defined by the individual facilities within the department of correctional services, shall continue to be paid $1,800 per year in equal bi-weekly installments for work on such shift. Effec- tive April 1, 2007, such unit members to whom the provisions of this section apply who work the night shift as defined by the individual facilities within the department of correctional services shall continue to be paid $900 per year in equal bi-weekly installments for work on such shift. Such amounts, for such unit members to whom the provisions of this section apply and who work both the evening shift and the night shift as specified above, shall be offset by payments already received as inconvenience pay effective April 1, 2006 and the remainder shall be calculated as part of a retroactive payment. Such unit members to whom the provisions of this section apply on paid leave for line of duty injuries shall continue to receive inconvenience payments as provided above. Any such additional compensation pursuant to this section shall be included as compensation for retirement purposes. S 7. Expanded duty pay. Pursuant to the terms of an interest arbi- tration award issued pursuant to subdivision 4 of section 209 of the S. 5966 7 civil service law covering members of the security services collective negotiating unit who are employed within the state department of correc- tional services and who are designated as peace officers pursuant to section 2.10 of the criminal procedure law and notwithstanding any other provision of law, effective April 1, 2007, such unit members to whom the provisions of this section apply shall be paid an expanded duty pay in the amount of $1,500 per year. Payment for such compensation shall be equally divided over the 26 payroll periods of a fiscal year. Such compensation pursuant to this section shall be included as compensation for overtime and retirement purposes. S 8. During the period April 1, 2007 through March 31, 2009, there shall be a statewide joint labor-management committee continued and administered pursuant to the terms of the agreement negotiated between the state and the employee organization representing employees in the collective negotiating unit designated as the security services unit established pursuant to article 14 of the civil service law which shall, after March 31, 2007, with the amounts available therefore, study and make recommendations concerning major issues of employee assistance, performance evaluation, education and training, quality of work life and provide for the implementation of the terms of agreements of such committee. S 9. Paragraph (d) of subdivision 1 of section 7 of part B of chapter 10 of the laws of 2008, amending the civil service law and the state finance law relating to compensation and other terms and conditions of employment of certain state officers and employees, is amended to read as follows: (d) part-time [and seasonal] employees; S 10. Subdivision 2 of section 17 of 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, as amended by section 17 of part A of chapter 10 of the laws of 2008, is amended to read as follows: 2. Any employee subject to this section who is required to work a tour of duty which includes four or more hours between the hours of six p.m. and six a.m., exclusive of any hours for which he or she receives over- time compensation, shall be entitled to inconvenience pay for such tour of duty in an amount equal to the daily rate equivalent of four hundred dollars per year, unless a higher daily rate is authorized under the terms of a collective negotiated agreement between the state and an employee organization pursuant to article 14 of the civil service law, or is authorized by the director of the budget for employees excluded from negotiating rights under article 14 of the civil service law, in which case such daily rate may be up to five hundred seventy-five dollars per year, effective April 2, 2007. The provisions of this subdi- vision shall apply on a prorated basis to officers and employees serving on a seasonal basis in the collective negotiating units designated as the administrative services unit, the institutional services unit, the operational services unit, and the division of military and naval affairs unit, AND OFFICERS AND EMPLOYEES EXCLUDED FROM COLLECTIVE NEGO- TIATING UNITS established pursuant to article 14 of the civil service law. S 11. Notwithstanding any provision of law to the contrary, the appro- priations contained in this act shall be available to the state for the payment and publication of grievance and arbitration settlements and awards pursuant to articles 7 and 8 of the collective negotiating agree- ment between the state and the employee organization representing the S. 5966 8 collective negotiating unit designated as the security services unit established pursuant to article 14 of the civil service law. S 12. No individual who is a Correction Officer Trainee or Correction Officer Trainee, Spanish Language shall be eligible for any increase in any compensation provided for in this act until such individual is designated a peace officer pursuant to section 2.10 of the criminal procedure law. Nothing herein shall alter or change any other eligibil- ity requirements for any compensation a Correction Officer Trainee or Correction Officer Trainee, Spanish Language must satisfy in order to be eligible for such compensation. S 13. Notwithstanding any provision of law, rule or regulation to the contrary, and where and to the extent an agreement negotiated between the state and the employee organization representing employees in the security services unit established pursuant to article 14 of the civil service law so provides, the salaries of newly hired employees on or after September 1, 1992 into state service in positions within negotiat- ing units shall not be subject to the provisions of subdivision 2-a of section 200 of the state finance law. S 14. Date of entitlement to salary increase. Notwithstanding the provisions of this act or of any other provision of law to the contrary, the increase of salary or compensation of any members of the security services collective negotiating unit established pursuant to article 14 of the civil service law who are full-time annual salaried employees and who are employed by the state department of correctional services and are peace officers pursuant to subdivision 25 of section 2.10 of the criminal procedure law, provided by this act shall be added to the sala- ry of such member at the beginning of that payroll period the first day of which is nearest to the effective date of such increase as provided in this act, or at the beginning of the earlier of two payroll periods the first days of which are nearest but equally near to the effective date of such increase as provided in this act; provided, however, that for the purposes of determining the salary of such unit members upon reclassification, reallocation, appointment, promotion, transfer, demotion, reinstatement, or other change of status, such salary increase shall be deemed to be effective on the date thereof as prescribed by this act, with payment thereof pursuant to this section on a date prior thereto, instead of on such effective date, and shall not operate to confer any additional salary rights or benefits on such unit members. Payment of such salary increase may be deferred pursuant to section fifteen of this act. S 15. Deferred payment of salary increase. Notwithstanding the provisions of any other section of this act, or of any other law to the contrary, pending payment pursuant to this act of the basic annual sala- ries of incumbents of positions subject to this act, such incumbents shall receive, as partial compensation for services rendered, the rate of compensation otherwise payable in their respective positions. An incumbent holding a position subject to this act at any time during the period from April 1, 2007, until the time when basic annual salaries are first paid pursuant to this act for such services in excess of the compensation actually received therefor, shall be entitled to a lump sum payment for the difference between the salary to which such incumbent is entitled for such services and the compensation actually received there- for. Such lump sum payment shall be made as soon as practicable. The amounts paid under this act shall count as compensation earned during the year or years for which it is calculated and not as compensation earned wholly in the year in which it is paid. Notwithstanding any S. 5966 9 provision of law, rule or regulation to the contrary, and pursuant to the terms of an interest arbitration award issued by the public arbi- tration panel pursuant to subdivision 4 of section 209 of the civil service law, no member of the security services collective negotiating unit to whom the provisions of this act apply shall be entitled to, or owed, any interest or other penalty for any reason on any monies due to such member pursuant to the terms of this act and the terms of the interest arbitration award issued by the public arbitration panel pursu- ant to subdivision 4 of section 209 of the civil service law. S 16. Use of appropriations. Notwithstanding any provision of the state finance law or any other provision of law to the contrary, the state comptroller is authorized to pay any amounts required by the fore- going provisions of this act. To the extent that existing appropriations available to any state department or agency in any fund are insufficient to accomplish the purposes set forth in this section, the director of the budget is authorized to allocate to the various departments and agencies, from any appropriations available in any fund, the amounts necessary to make such payments. Any appropriations or other funds available to any state department or agency for personal service or for other related employee benefits during the fiscal year commencing April 1, 2009 shall be available for the payment of any liabilities or obli- gations incurred pursuant to the foregoing provisions of this act, whether occurred prior to or during the State fiscal year commencing April 1, 2009. S 17. Appropriations. Notwithstanding any provision of the state finance law or any other provision of law to the contrary, the several amounts as hereinafter set forth in this section, or so much thereof as may be necessary, are hereby appropriated from the fund so designated for use by any state department or agency for the fiscal year beginning April 1, 2009 to supplement appropriations from each respective fund available for personal service, other than personal service and fringe benefits, and to carry out the provisions of this act. The monies hereby appropriated are available for payment of any liabilities or obligations incurred prior to April 1, 2009 in addition to liabilities or obli- gations associated with the state fiscal year commencing April 1, 2009. For this purpose, these appropriations shall remain in full force and effect for the payment of liabilities incurred on or before April 1, 2009. No money shall be available for expenditure from this appropri- ation until a certificate of approval has been issued by the director of the budget and a copy of such certificate or any amendment thereto has been filed with the state comptroller, the chairperson of the senate finance committee and the chairperson of the assembly ways and means committee. ALL STATE DEPARTMENTS AND AGENCIES General Fund / State Operations State Purposes Account 003 PERSONAL SERVICE Personal service - regular .................. $181,392,000 Other compensation, including but not limit- ed to, overtime, holiday pay, longevities, security enforcement differential, location, inconvenience pay ............... $111,963,000 S. 5966 10 NONPERSONAL SERVICE Fringe benefits .............................. $22,442,000 Labor Management Committees ................... $3,142,000 Employee assistance program .................... $400,000 Joint committee on health benefits .............. $294,000 Contract administration ......................... $200,000 Employee Benefit Fund ........................... $313,000 S 18. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2007. REPEAL NOTE.--Paragraph g of subdivision 1 of section 130 of the civil service law, repealed by section one of this act, provided salary sched- ules for certain state employees who are members of the collective nego- tiating unit designated as security services who are employed by the state department of correctional services and are designated as peace officers pursuant to subdivision twenty-five of section 2.10 of the criminal procedure law. They are replaced by revised salary schedules in subparagraphs 1 and 2 of a new paragraph g of subdivision 1 of section 130 of the civil service law.
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