senate Bill S5799

Signed by Governor

Implements an agreement between the state and an employee organization in the employ of the state university; appropriation

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor
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actions

  • 14 / Jun / 2013
    • REFERRED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1470
  • 18 / Jun / 2013
    • PASSED SENATE
  • 18 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 20 / Jun / 2013
    • SUBSTITUTED FOR A8030
  • 20 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.576
  • 20 / Jun / 2013
    • PASSED ASSEMBLY
  • 20 / Jun / 2013
    • RETURNED TO SENATE
  • 05 / Sep / 2013
    • DELIVERED TO GOVERNOR
  • 06 / Sep / 2013
    • SIGNED CHAP.340

Summary

Implements an agreement between the state and an employee organization; provides for salary adjustment for certain employees in the professional service in the state university; makes an appropriation therefor.

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Bill Details

See Assembly Version of this Bill:
A8030
Versions:
S5799
Legislative Cycle:
2013-2014
Law Section:
New York State University

Sponsor Memo

BILL NUMBER:S5799

TITLE OF BILL: An act implementing an agreement between the state and
an employee organization; providing for the adjustment of salaries of
certain incumbents in the professional service in the state
university; certain employees of the contract colleges of Cornell and
Alfred Universities and making an appropriation therefor

Purpose:

This bill implements the terms of a collective bargaining agreement
("the Agreement") between the executive branch of the State of New
York and the employee organization representing members of the
collective negotiating unit designated as the Professional Services
Negotiating Unit ("the Unit"), entered into pursuant to Article 14 of
the Civil Service Law.

Summary of Provisions:

Section 1 of the bill defines the terms "professional services unit,"
"the agreement" and "the employee organization" for purposes of this
Act.

Section 2, subd. 1 and 2 of the bill, would provide for the following
increases in basic annual salary for members of the Unit, in
accordance with the terms of the Agreement: (1) a 2% increase on the
first day of the payroll period closest to July 1, 2014 or September
1, 2014, depending on the professional obligation of the employee; and
(2) a 2% increase on the first day of the payroll period closest to
July 1, 2015 or September 1, 2015, depending on the professional
obligation of the employee.

Section 2, subd. 3 of the bill would provide that an employee who was
in service on April 30, 2014 or April 30, 2015, and whose employment
expired prior to July 1, 2014 or July 1, 2015, respectively, and who
would have been eligible for the salary increases provided in
subdivisions 1 and 2 of this section if the employee's employment had
continued through July 1 of such year, would be eligible for the
aforementioned salary increases if the employee were reemployed in an
equivalent position for at least one semester or the equivalent of a
twelve-month period commencing, on July 1 of such year.

Section 2, subd. 4 of the bill would provide that an employee who was
in service during a portion of the twelve-month period commencing on
July 1, 2014 or July 1, 2015, for at least one semester but whose
employment expired prior to July 1 of the following year, would be
eligible for the salary increases provided in subdivisions 1 and 2 of
this section if the employee were reemployed in an equivalent position
for at least one semester or the equivalent of the twelve month period
commencing on July 1 of such following year.

Section 2, subd. 5 of the bill would provide that for each of the
years 2013, 2014 and 2015, there would be an amount equal to 0.5% of
the total of basic annual salaries of applicable members of the Unit
on June 30 of each year of the Agreement available in each of those
three years for distribution to eligible incumbents as lump sum bonus
payments by the State University Trustees, at their discretion, with


such distribution to occur no later than December 31 of each year.
For the year 2016, there would be an amount equal to 1% of the total
of basic annual salaries of applicable members of the Unit on June 30
of that year, available for distribution to eligible incumbents as a
lump sum bonus payment by the State University Trustees, at their
discretion, with such distribution to occur no later than December 31
of that year.

Section 2, subd. 6 of the bill would provide a Chancellor's Power of
SUNY Performance Incentive Payment in the amount of $500 effective
July 1, 2013, $250 effective July 1, 2014, and $500 effective July 1,
2015. Such amounts would be added to the base salary of eligible Unit
members, in accordance with the terms of the Agreement, and at the
discretion of the Chancellor, not later than December 31 in each of
the three years. In addition, such payments would be prorated for
eligible part-time employees based on a formula to be agreed to by the
State and the employee organization representing members of the Unit.

Section 2, subd. 7 of the bill would continue the current location pay
benefit for eligible members of the Unit whose work station is in the
city of New York or in the county of Suffolk, Nassau, Rockland or
Westchester at the annual rate of $3,026 per year. This subdivision
also would continue the current location pay benefit for eligible
members of the Unit whose work station is in the county of Dutchess,
Putnam or Orange at the annual rate of $1,513 per year.

Section 2, subd. 8 of the bill would provide that pursuant to the
terms of the Agreement, eligible employees who have been granted
permanent or continuing appointment at the campus at which they are
currently employed, effective on or after July 2, 2011 and on or
before January 1, 2013, or full-time employees who have been granted a
second five-year appointment at the campus at which they are currently
employed under Article XI, Title A of the Policies of the Board of
Trustees, effective on or after July 2, 2011 and on or before January
1, 2013, or employees who have completed seven consecutive years of
full-time service in Appendix C of the Agreement, Lecturer, or
Appendix B of the Agreement, Section 4 - Division III Sports,
effective on or before January 1, 2013, would receive a one-time
advance to basic annual salary of $500. Eligible employees who receive
such appointments after January 1, 2013, would also be eligible to
receive this one-time advance, in accordance with the terms of the
Agreement.

Section 2, subd. 8 of the bill would also extend to part-time
employees who have completed at least eight years of consecutive
service at the campus at which they are currently employed on or after
July 2, 2011, a lump sum payment in the amount of $500, in accordance
with the terms of the Agreement. Such employees would be eligible to
receive this payment every eight years thereafter of consecutive
service at the campus at which they are currently employed.

Section 2, subd. 9 of the bill would provide that the basic annual
salary minimums of members of the Unit as of June 30, 2014 and June
30, 2015, as set out in the Agreement, would be increased by 2% on the
dates of the salary increases provided for in subdivisions 1 and 2 of
this section. The increases as provided for in this subdivision would
not apply to employees who are not paid on the basis of a basic annual


salary, but they would apply on a prorated basis to certain part-time
employees who are paid on the basis of a prorated basic annual salary.

Section 2, subd. 10 of the bill would provide that subdivisions 1 and
2 of this section would apply on a prorated basis to incumbents
otherwise eligible to receive an increase in salary, but who are paid
on an hourly or per diem basis, or who serve on a part-time basis or
who are paid on any basis other than at an annual salary rate.

Section 2, subd. 11 of the bill would provide that the increases in
salary or other payments provided by this section would not apply to
employees deemed to be casual pursuant to a resolution of a prior
legal action, extra service compensation, or compensation derived from
clinical practice arrangements. Furthermore, this subdivision makes
clear that nothing in section 2 would be deemed to provide any
adjustment in salary or other compensation to employees holding a
chair established pursuant to Education L. § 239.

Section 2, subd. 12 of the bill would provide for the continuation of
the existing inconvenience pay program to eligible members of the Unit
who work four or more hours between the hours of 6:00 p.m. and 6:00
a.m., in the amount of $575 per year.

Section 2, subd. 13 of the bill would define the term "basic annual
salary" for purposes of this section and provides that nothing therein
prevents increasing amounts paid to incumbents in the Unit beyond
basic annual salary, as long as certain conditions are met and certain
reports arc submitted.

Section 2, subd. 14 of the bill would provide that notwithstanding any
of the increases provided for in this section, any increase in
compensation may be withheld in whole or in part from an employee
when, in the opinion of the Chancellor and the Director of Employee
Relations, such increase is not warranted or is not appropriate.

Section 3. subd. 1 of the bill would provide that for each of the
years 2013, 2014 and 2015, there would be an amount equal to 0.5% of
the total of basic annual salaries of incumbents of positions in the
professional service of the State University in bargaining unit 13
that are designated, stipulated, or excluded from negotiating units as
managerial or confidential on June 30 of each year available in each
of those three years for distribution to eligible incumbents as lump
sum bonus payments by the State University Trustees, at their
discretion. Such distributions would be subject to the approval of the
Chancellor and would have to occur no later than December 31 of each
year. For the year 2016, there would be an amount equal to 1% of the
total of basic annual salaries of such individuals on June 30 of that
year, available for distribution to eligible incumbents as a lump sum
bonus payment by the State University Trustees, at their discretion,
subject to the approval of the chancellor with such distribution to
occur no later than December 31 of that year.

Section 3, subd. 2 of the bill would provide a Chancellor's Power of
SUNY Performance Incentive Payment in the amount of $500 effective
July 1, 2013, $250 effective July 1, 2014, and $500 effective July 1,
2015. Such amounts would be added to the base salary of such
employees, and at the discretion of the Chancellor, not later than


December 31 in each of the three years. In addition, such payments
would be prorated for eligible part-time employees based on a formula
established by the chancellor.

Section 3, subd. 3 of the bill would extend the provisions of
subdivisions 1 and 2 of this section to certain employees of Cornell
and Alfred Universities who are incumbents of positions in the
institutions under the management of Cornell and Alfred Universities
as representatives of the board of trustees of the State University
that, in the opinion of the Director of Employee Relations, would be
designated managerial or confidential were they subject to article 14
of the civil service law.

Section 4 of the bill would continue and slightly expand the
eligibility for the existing recall compensation benefit for eligible
members of the Unit, in accordance with the terms of the Agreement.

Section 5 of the bill would continue and slightly expand the
eligibility for the existing on-call compensation benefit for eligible
members of the Unit in accordance with the terms of the Agreement.

Section 6 of the bill would continue to provide that any employee
serving in the Unit on a part-time basis and who is otherwise eligible
to receive health insurance coverage may participate in the State
health insurance program provided that such part-time employee pays
the full premium cost for the coverage provided by the health
insurance program.

Section 7 of the bill would continue certain Statewide joint labor
management committees, with funding in the amounts provided for in the
terms of the Agreement, for the period July 2, 2013 through July 1,
2016, as follows: the professional development committee; the
employment committee; the safety and health committee; the affirmative
action/diversity committee; the joint committee on health benefits;
the technology committee; the redeployment committee; and the campus
grants committee.

Section 8 of the bill would continue the publication of grievance
arbitration settlements and awards.

Section 9 of the bill would provide that the salary increases and
benefit modifications provided herein for applicable members of the
Unit would not be implemented until there is a fully executed
collective bargaining agreement between the State of New York and the
employee organization representing employees in this Unit that also
has been ratified by the applicable membership in accordance with the
ratification procedures of the employee organization

Section 10 of the bill would provide that notwithstanding any
provision of law to the contrary, where, and to the extent that, the
Agreement so provides, where an employee in this Unit is affected by
the State's right to contract out, and in the event that such affected
employee obtains employment with the contractor, the employee would
not be barred from accepting such employment in accordance with the
terms of the Agreement.


Section 11 of the bill would provide that, in accordance with the
terms of the Agreement, the State of New York would contribute
designated amounts for the period covered by such Agreement to the
accounts of eligible employees who are enrolled for dependent care
deductions pursuant to subdivision 7 of State Finance L. § 201-a.

Section 12 of the bill would fix the date upon which eligible members
of the Unit would receive salary increases and deferred payment of
salary increases called for by the Agreement between the parties.

Section 13 of the bill would provide a lump sum payment to incumbent
members of the Unit to cover the difference between the salary that an
employee would receive subsequent to the enactment of this bill and
the salary that such employee did receive prior to the enactment of
this bill.

Section 14 of the bill would provide for the use of appropriations to
pay any amounts required by the provisions of this bill.

Section 15 of the bill would provide for the use of special or
administrative funds of the State to pay the compensation required by
the provisions of this bill.

Section 16 of the bill would provide that no employee participating,
in a special annuity program pursuant to the provisions of Article 8-C
of the Education Law would, by reason of an increase in compensation
pursuant to this act, suffer any reduction of the salary adjustment to
which such employee would otherwise be entitled to by reason of
participation in such program, and such salary adjustment would be
based upon the salary of such employee without regard to the reduction
authorized by the Education Law.

Section 17 of the bill would appropriate monies to pay for the
non-personal services in this bill in accordance with the Agreement.

Existing Law:

L. 2008, c. 113 sets the current compensation system for members of
the Unit, as well as other terms and conditions of employment
addressed by the expired collective bargaining agreement. It also
provides for compensation of members of the Unit at the contract
colleges managed and controlled by Cornell and Alfred Universities.
L. 2011, C. 491, Part B, § 5 establishes current compensation for
incumbents of positions in the professional service of the State
University that are designated, stipulated, or excluded from
negotiating units as managerial or confidential and for certain
employees of contract colleges at Cornell and Alfred Universities.

Statement in Support:

This bill is necessary to implement the terms of a collective
bargaining agreement between the Executive Branch of the State of New
York and the United University Professions, the employee organization
certified to represent members of the Unit, which was entered into
pursuant to Article 14 of the Civil Service Law.

Budget Implications:


This bill would provide appropriations totaling approximately
$3,357,000 to pay for the cost of the Agreement for the period July 2,
2011 through July 1, 2016.

Effective Date:

This bill would take effect immediately and would be deemed to have
been in full force and effect on and after July 2, 2011.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5799

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 14, 2013
                               ___________

Introduced  by Sen. SAVINO -- (at request of the Governor) -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Rules

AN ACT implementing an agreement  between  the  state  and  an  employee
  organization;  providing  for  the  adjustment  of salaries of certain
  incumbents in  the  professional  service  in  the  state  university;
  certain  employees  of  the  contract  colleges  of Cornell and Alfred
  Universities and making an appropriation therefor

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Definitions.  1.  For purposes of this act, "professional
services unit" means the collective negotiating unit designated  as  the
professional  services  negotiating  unit in the state university of New
York established pursuant to article 14 of the civil service law.
  2. For purposes of this act,  "the  agreement"  means  a  collectively
negotiated  agreement  entered  into  in  2013 between the state and the
employee organization representing members of the professional  services
unit.
  3.  For  purposes  of  this act, "the employee organization" means the
employee organization representing members of the professional  services
unit.
  S  2.  Adjustment to salaries and other compensation of certain incum-
bents in positions in the professional service in the state  university.
1. The basic annual salaries as of June 30, 2014, of incumbents of posi-
tions in the professional service in the state university in the profes-
sional  services  unit, other than positions described in subdivision 11
of this section, shall be increased by 2 percent, adjusted to the  near-
est  whole  dollar  amount  (a)  commencing the first day of the payroll
period closest to July 1, 2014 for employees having a calendar  year  or
college  year professional obligation or (b) commencing the first day of
the payroll period closest to September 1, 2014 for employees having  an

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12033-01-3

S. 5799                             2

academic year professional obligation, except that certain incumbents at
the state university of New York at Binghamton, the colleges of technol-
ogy  and the agriculture and technology colleges heretofore specifically
identified  by  the  department of audit and control, for the purpose of
establishing the effective date  of  eligibility  for  salary  increases
shall  be  granted  said salary increase commencing the first day of the
payroll period closest to July 1, 2014. Notwithstanding the  above,  for
employees having an academic year professional obligation and who are in
a  21  pay  period status, for the purpose of establishing the effective
date of eligibility for salary increase, shall be  granted  said  salary
increase effective August 14, 2014.
  2.  The  basic  annual  salaries as of June 30, 2015, of incumbents of
positions in the professional service in the  state  university  in  the
professional  services  unit, other than positions described in subdivi-
sion 11 of this section, shall be increased by 2  percent,  adjusted  to
the  nearest  whole  dollar  amount  (a) commencing the first day of the
payroll period closest to July 1, 2015, for employees having a  calendar
year  or  college  year  professional  obligation, or (b) commencing the
first day of the payroll  period  closest  to  September  1,  2015,  for
employees  having  an academic year professional obligation, except that
certain incumbents at the state university of New  York  at  Binghamton,
the  colleges  of technology and the agriculture and technology colleges
heretofore specifically  identified  by  the  department  of  audit  and
control  for the purpose of establishing the effective date of eligibil-
ity for salary increases, shall be granted said salary increase commenc-
ing the first day of  the  payroll  period  closest  to  July  1,  2015.
Notwithstanding  the  above  provisions  of  this subdivision, employees
having an academic year professional obligation and who are in a 21  pay
period  status,  for  the  purpose of establishing the effective date of
eligibility for salary increases, shall be granted said salary  increase
effective August 13, 2015.
  3.  Notwithstanding  the  provisions  of  subdivisions  1 or 2 of this
section, an employee in service on April  30  of  2014  or  2015,  whose
employment  expired  prior  to  July 1 of either such year and who would
have been eligible for the salary increase provided for in subdivision 1
or 2 of this section if the employee's employment had continued  through
July  1 of that year, shall be eligible for the salary increase provided
for in subdivision 1 or 2 of this section if the employee is  reemployed
in an equivalent position for at least one semester or the equivalent of
the twelve-month period commencing on July 1 of such year.
  4.  Notwithstanding  the  provisions  of  subdivisions  1 or 2 of this
section, an employee in service during a  portion  of  the  twelve-month
period  commencing  on July 1 of 2014 or 2015, for at least one semester
or the equivalent, but whose employment expired prior to July 1  of  the
following  year,  shall be eligible for the salary increase provided for
such year in subdivision 1 or 2 of this section if the employee is reem-
ployed in an equivalent position for at least one semester or the equiv-
alent of the twelve-month period commencing on July 1 of such  following
year.
  5.  The  provisions  of  this subdivision shall apply to incumbents of
positions in  the  professional  services  unit,  other  than  positions
described  in  subdivision  eleven  of this section. (a) For each of the
years 2013, 2014 and 2015, there shall be available an amount  equal  to
one-half  of  1 percent (0.5%) of the total of the basic annual salaries
on June 30 of each such year of incumbents to  whom  the  provisions  of
this  subdivision apply, for distribution to such incumbents as one-time

S. 5799                             3

lump sum bonus payments made by the state university trustees  in  their
discretion.
  (b)  For  the year 2016, there shall be available an amount equal to 1
percent (1.0%) of the total of the basic annual salaries on June  30  of
such  year  of  incumbents  to  whom  the provisions of this subdivision
apply, for distribution to such incumbents as one-time  lump  sum  bonus
payments made by the state university trustees in their discretion.
  (c)  Such  lump sum payments as described in paragraphs (a) and (b) of
this subdivision shall be made to incumbents on the payroll on  June  30
of  each  year and at the time of payment and shall occur not later than
December 31 of each year. Such lump sum payments shall be in addition to
and shall not be a part of an employee's basic annual salary,  provided,
however,  that  such  payments  shall  be  included  as compensation for
retirement purposes. The total of the basic annual salaries on  June  30
shall  include  the  total  salaries  of  part-time faculty employees in
service on April 30 of that year, but whose employment expires prior  to
July  1  of  such  year. If the part-time faculty employee is reemployed
prior to the distribution of the pool, the employee will be eligible for
a discretionary increase at the discretion of the state university trus-
tees.
  6. Chancellor's power  of  SUNY  performance  incentive  payment.  The
provisions of this subdivision shall apply to incumbents of positions in
the professional services unit, other than positions described in subdi-
vision  11  of this section. (a) Pursuant to the terms of the agreement,
effective July 1, 2013, there shall be  a  chancellor's  power  of  SUNY
performance  incentive payment in the amount of 500 dollars added to the
basic annual salary of eligible incumbents as of June 30,  2013  at  the
discretion  of  the  chancellor. Such payment shall occur not later than
December 31, 2013 and shall be retroactive to incumbents on the  payroll
effective  July  1, 2013 or September 1, 2013, as appropriate to profes-
sional obligation, and who are active on the  payroll  at  the  time  of
payment.  Incumbents who worked at least one semester during the twelve-
month period commencing July 1, 2012 and whose employment expires  prior
to July 1, 2013 shall be eligible for the payment if they are reemployed
and active on the payroll on the effective date of the payment. In addi-
tion,  pursuant  to  the  terms  of the agreement, this payment shall be
pro-rated for eligible part-time employees based  on  a  formula  to  be
agreed  to  by  the  state  and  the  employee organization representing
members of the professional services unit.
  (b) Pursuant to the terms of the agreement, effective  July  1,  2014,
there  shall  be  a  chancellor's  power  of  SUNY performance incentive
payment in the amount of 250 dollars added to the basic annual salary of
eligible incumbents as of June 30, 2014 at the discretion of  the  chan-
cellor.  Such  payment  shall occur not later than December 31, 2014 and
shall be retroactive to incumbents on the payroll effective July 1, 2014
or September 1, 2014, as appropriate to professional obligation, and who
are active on the payroll at the time of payment. Incumbents who  worked
at  least one semester during the twelve-month period commencing July 1,
2013 and whose employment expires prior to July 1, 2014 shall be  eligi-
ble  for the payment if they are reemployed and active on the payroll on
the effective date of the payment. In addition, pursuant to the terms of
the agreement, this payment shall be pro-rated  for  eligible  part-time
employees  based  on  a  formula  to  be  agreed to by the state and the
employee organization representing members of the professional  services
unit.

S. 5799                             4

  (c)  Pursuant  to  the terms of the agreement, effective July 1, 2015,
there shall be  a  chancellor's  power  of  SUNY  performance  incentive
payment in the amount of 500 dollars added to the basic annual salary of
eligible  incumbents  as of June 30, 2015 at the discretion of the chan-
cellor.  Such  payment  shall occur not later than December 31, 2015 and
shall be retroactive to incumbents on the payroll effective July 1, 2015
or September 1, 2015, as appropriate to professional obligation, and who
are active on the payroll at the time of payment. Incumbents who  worked
at  least one semester during the twelve-month period commencing July 1,
2014 and whose employment expires prior to July 1, 2015 shall be  eligi-
ble  for the payment if they are reemployed and active on the payroll on
the effective date of the payment. In addition, pursuant to the terms of
the agreement, this payment shall be pro-rated  for  eligible  part-time
employees  based  on  a  formula  to  be  agreed to by the state and the
employee organization representing members of the professional  services
unit.
  7.  Location  compensation  of  certain incumbents in positions in the
professional service of the state university. (a) Employees in positions
in the professional services unit who are full-time employees and  whose
work  station  is:  (i)  in  the  city  of New York, or in the county of
Suffolk, Nassau, Rockland or Westchester, shall continue to be  entitled
to location pay at the annual rate of 3,026 dollars effective January 1,
2009, or (ii) in the county of Dutchess, Putnam or Orange shall continue
to  be  entitled  to  location  pay  at the annual rate of 1,513 dollars
effective January 1, 2009.
  (b) Payments made under paragraph (a) of  this  subdivision  shall  be
paid  biweekly  and  shall  be  in addition to and not part of the basic
annual salary of such employees,  provided,  however,  that  any  amount
payable  pursuant  to this subdivision shall be included as compensation
for retirement purposes.
  (c) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
sion,  a  full-time  employee  on  an authorized leave of absence who is
receiving a part-time salary, but who would have been otherwise eligible
for the location compensation set forth in paragraph (a) of this  subdi-
vision, shall be eligible for such location compensation, on a pro-rated
basis,  and  shall  be  paid  the  appropriately pro-rated amount of the
location compensation, which pro-rated amount shall be  consistent  with
the part-time salary of that employee.
  8.  (a) Pursuant to the terms of the agreement, full-time employees in
the professional services  unit  who  have  been  granted  permanent  or
continuing  appointment  at  the  campus  at  which  they  currently are
employed, effective on or after July 2, 2011 and on or before January 1,
2013, or full-time employees who have been granted  a  second  five-year
term  appointment  at  the  campus  at which they are currently employed
under Article XI, Title A of the policies of the board  of  trustees  of
the state university of New York, effective on or after July 2, 2011 and
on  or  before  January  1,  2013, or employees who have completed seven
consecutive years of full-time service in Appendix C of  the  agreement,
Lecturer,  or  Appendix  B  of  the  agreement, Section 4 - Division III
Sports, effective on or before January 1, 2013, shall receive a one-time
advance to basic annual salary of 500 dollars.  Such  advance  shall  be
effective  on January 1, 2013, shall be made as soon as practicable, and
shall be added to and become part of such employee's basic annual  sala-
ry.  Eligible  employees  who receive such appointments after January 1,
2013 shall also receive such advance  to  basic  annual  salary  of  500
dollars, to occur as soon as practicable thereafter.

S. 5799                             5

  (b) Pursuant to the terms of the agreement, part-time employees in the
professional  services  unit  who have completed at least eight years of
consecutive service at the campus at which they are  currently  employed
on or after July 2, 2011, shall receive a lump sum payment in the amount
of 500 dollars. Such payment shall be made as soon as practicable there-
after, and shall be in addition to and shall not be a part of an employ-
ee's  basic annual salary, provided, however, that such payment shall be
included as compensation for retirement purposes. Pursuant to the  terms
of  the  agreement,  part-time  employees  are  eligible to receive this
payment every eight years  thereafter  of  consecutive  service  at  the
campus  at  which they are currently employed. In no event shall a part-
time employee be eligible for a service  award,  as  described  in  this
paragraph, more than once every eight years.
  9.  Minimum  basic  annual salary. (a) This subdivision shall apply to
employees in the professional services unit, except those  who  are  not
paid on the basis of a basic annual salary.
  (b)  The basic annual salary minimums as of June 30, 2014, as provided
for in the agreement, shall be increased by 2 percent, adjusted  to  the
nearest  whole  dollar  amount,  on  the  dates  of  the salary increase
provided for in subdivision 1 of this section.
  (c) The basic annual salary minimums as of June 30, 2015, as  provided
for  in  the agreement, shall be increased by 2 percent, adjusted to the
nearest whole dollar  amount,  on  the  dates  of  the  salary  increase
provided for in subdivision 2 of this section.
  (d) A part-time employee who is paid on the basis of a pro-rated basic
annual salary and who, if employed on a full-time basis, would be eligi-
ble  to  be  paid a minimum basic annual salary, shall be paid a minimum
basic annual salary which shall be the appropriately pro-rated amount of
the minimum basic annual salary that would have been paid to the employ-
ee had the employee been employed on a full-time basis.
  (e) Notwithstanding the provisions of subdivision 1 of  this  section,
incumbents  to  whom  the  provisions  of  subdivisions  1 and 2 of this
section apply and who are in employment status on July  1,  2014,  shall
receive  not  less than the minimum basic annual salary in force on July
1, 2014, as provided for in the agreement, for  the  rank  or  grade  in
which such incumbent serves.
  (f) An incumbent promoted on or after the effective dates, appropriate
to  the  incumbent's  professional obligation or the incumbent's date of
eligibility for salary increases, of the salary increases  provided  for
in  subdivisions 1 and 2 of this section shall receive not less than the
minimum basic annual salary provided for in the agreement for  the  rank
or grade to which the incumbent has been promoted.
  (g)  An employee hired on or after the effective dates, appropriate to
the employee's professional obligation or the employee's date of  eligi-
bility  for  salary  increases,  of the salary increases provided for in
subdivisions 1 and 2 of this section shall receive  not  less  than  the
minimum  basic  annual  salary for the employee's rank or grade provided
for in the agreement on the date  the  employee  is  placed  in  payroll
status.
  10.  The  increases in salary payable pursuant to subdivisions 1 and 2
of this section shall apply on a pro-rated basis to incumbents otherwise
eligible to receive an increase in salary pursuant to this section,  who
are  paid  on  an  hourly or per diem basis, or who serve on a part-time
basis or who are paid on any basis other than at an annual salary rate.
  11. Notwithstanding any of the provisions of this section, the  salary
increases  or  payments  provided  by  this  section  shall not apply to

S. 5799                             6

employees deemed to be casual employees pursuant to  the  resolution  of
clarification  petition CP 751 brought against the state by the employee
organization representing  the  professional  services  unit;  to  extra
service compensation; to summer session compensation; or to compensation
derived  from clinical practice plan arrangements; nor shall anything in
this section be deemed to provide any  adjustment  in  salary  or  other
compensation  of  any  person  holding  a  chair established pursuant to
section 239 of the education law.
  12. Inconvenience pay. Pursuant to the terms of the agreement,  effec-
tive  July  2, 2011, an eligible employee, as provided for in the agree-
ment, shall continue to be paid 575 dollars per year for  working  4  or
more hours between the hours of 6:00 p.m. and 6:00 a.m.
  13. Basic annual salary. For the purposes of this section, basic annu-
al  salary  is  the amount of annual compensation payable to an employee
for the performance of the employee's professional obligation,  as  such
obligation  is  set forth in Title H, Article XI, of the policies of the
board of trustees of the state university of New York, from state monies
appropriated for such purpose. Nothing herein shall  prevent  increasing
amounts  paid  to incumbents of positions of the professional service in
the professional services unit in addition to the basic  annual  salary,
provided however, that the amounts required for such other increases and
the  cost  of  fringe  benefits attributable to such other increases, as
determined by the comptroller,  are  made  available  to  the  state  in
accordance with procedures established by the state university; provided
that the state university shall annually submit a report to the director
of  the  budget  specifying  aggregate  amounts  by  campus, sources and
expenditure of such funds as payment for such increases.
  14. Notwithstanding any of the foregoing provisions of  this  section,
any  increase  in  compensation may be withheld in whole or in part from
any employee to whom the provisions of this section are applicable when,
in the opinion of the chancellor of the state university of New York and
the director of employee relations, such increase is not warranted or is
not appropriate.
  S 3. Compensation for certain state employees in the state  university
that  are  designated, stipulated, or excluded from negotiating units as
managerial or confidential pursuant to article 14 of the  civil  service
law  and  certain  employees  of contract colleges at Cornell and Alfred
Universities.  1. The provisions of this subdivision shall apply only to
incumbents of positions  in  bargaining  unit  13  in  the  professional
service  of  the  state  university  that are designated, stipulated, or
excluded from negotiating units as managerial or  confidential  pursuant
to article 14 of the civil service law.
  (a)  For  each of the years 2013, 2014 and 2015, there shall be avail-
able an amount equal to one-half of 1 percent (0.5%) of the total of the
basic annual salaries on June 30 of each such year of incumbents to whom
the provisions of this subdivision apply, for distribution, in whole  or
in  part,  to such incumbents as one-time lump sum bonus payments by the
state university trustees, in  their  discretion,  and  subject  to  the
approval of the chancellor.
  (b)  For  the year 2016, there shall be available an amount equal to 1
percent (1.0%) of the total of the basic annual salaries on June  30  of
such  year  of  incumbents  to  whom  the provisions of this subdivision
apply, for distribution, in whole or in  part,  to  such  incumbents  as
one-time  lump  sum  bonus payments by the state university trustees, in
their discretion, and subject to the approval of the chancellor.

S. 5799                             7

  (c) If approved, such lump sum payments as described in paragraphs (a)
and (b) shall be made to incumbents on the payroll on June  30  of  each
year  and  who  are  on the payroll at the time of payment. Such payment
shall occur not later than December 31  of  each  year.  Such  lump  sum
payments  shall  be in addition to and shall not be a part of an employ-
ee's basic annual salary, provided, however, that such payments shall be
included as compensation for retirement purposes.
  2. Chancellor's power  of  SUNY  performance  incentive  payment.  The
provisions  of  this subdivision shall apply only to incumbents of posi-
tions in bargaining unit 13 in the professional  service  of  the  state
university that are designated, stipulated, or excluded from negotiating
units  as managerial or confidential pursuant to article 14 of the civil
service law.
  (a) Subject to the approval of the chancellor, effective July 1, 2013,
there shall be  a  chancellor's  power  of  SUNY  performance  incentive
payment in the amount of 500 dollars added to the basic annual salary of
eligible  incumbents  on  the payroll as of June 30, 2013 and who are on
the payroll at the time of payment. Such payment shall occur  not  later
than  December 31, 2013. Subject to the approval of the chancellor, this
payment shall be pro-rated for eligible part-time employees based  on  a
formula established by the chancellor.
  (b) Subject to the approval of the chancellor, effective July 1, 2014,
there  shall  be  a  chancellor's  power  of  SUNY performance incentive
payment in the amount of 250 dollars added to the basic annual salary of
eligible incumbents on the payroll as of June 30, 2014 and  who  are  on
the  payroll  at the time of payment. Such payment shall occur not later
than December 31, 2014. Subject to the approval of the chancellor,  this
payment  shall  be pro-rated for eligible part-time employees based on a
formula established by the chancellor.
  (c) Subject to the approval of the chancellor, effective July 1, 2015,
there shall be  a  chancellor's  power  of  SUNY  performance  incentive
payment in the amount of 500 dollars added to the basic annual salary of
eligible  incumbents  as  of June 30, 2015 and who are on the payroll at
the time of payment. Such payment shall occur not  later  than  December
31, 2015.  Subject to the approval of the chancellor, this payment shall
be  pro-rated for eligible part-time employees based on a formula estab-
lished by the chancellor.
  3. The compensation increases in subdivisions 1 and 2 of this  section
may  also  be  provided  by  Cornell and Alfred Universities, within the
appropriations available therefor, at their  discretion,  and  with  the
approval of the state university trustees, to incumbents of positions in
the institutions under the management of Cornell and Alfred Universities
as representative of the board of trustees of the state university that,
in  the  opinion  of the director of employee relations, would be desig-
nated managerial or confidential were they subject to article 14 of  the
civil service law.
  4.  The  salary  increases  provided  for by this section shall not be
implemented until the director of employee relations has  delivered,  to
the director of the budget and the comptroller, a certificate that there
is  in  effect a collectively negotiated agreement between the state and
state employees in the professional services unit pursuant to article 14
of the civil service law, and  ratified  pursuant  to  the  ratification
procedure of the employee organization.
  S  4.  Recall  compensation  for  certain state officers and employees
within the professional services unit. 1. Notwithstanding any  provision
of law to the contrary and to the extent that the agreement so provides,

S. 5799                             8

full-time  professional  employees (a) as defined by the policies of the
board of trustees of the state university of New York within the profes-
sional services unit, who provide patient care services on  a  full-time
basis  in  the areas of a hospital or clinic specified in the agreement,
and who are eligible to accrue overtime credits, or (b) who are  specif-
ically  identified  by the college president as subject to recall, shall
be considered to have worked a minimum of 4 hours  each  time  they  are
recalled  to  work  overtime after having completed their scheduled work
period and left their scheduled work station.  In  the  event  any  such
eligible  employee  works  in  excess  of 4 hours upon such recall, such
employee shall receive overtime  compensation  for  the  hours  actually
worked. To the extent that the agreement so provides, any such full-time
professional  employee  identified  in paragraph (a) of this subdivision
who is not eligible to accrue overtime credits but who is deemed  eligi-
ble  to  receive recall compensation in accordance with the terms of the
agreement shall receive additional compensation at the rate of  one  and
one-half times the regular hourly rate of compensation for time actually
worked  when such professional employee is recalled to work after having
completed the scheduled work period and left the scheduled work station,
but, in no case, shall such professional employee receive  less  than  4
hours of additional compensation upon recall.
  2.  In  addition  to  eligible full-time professional employees as set
forth in subdivision 1 of this section, notwithstanding any provision of
law to the contrary and to the extent that the  agreement  so  provides,
employees  in  positions  at  the  campus specifically designated by the
college president, in accordance with the terms  of  the  agreement,  as
eligible  for  recall compensation, shall be considered to have worked a
minimum of 4 hours each time they are recalled to  work  overtime  after
having  completed  their  scheduled work period and left their scheduled
work station. In the event any such eligible employee works in excess of
4 hours upon such recall, such employee shall receive  overtime  compen-
sation for the hours actually worked.
  3.  Any  employee  eligible  to  receive compensation pursuant to this
section who is recalled to work more than once  during  a  period  of  4
hours commencing with the onset of the initial recall will not be eligi-
ble for more than 4 hours of compensation in any form unless more than 4
hours is actually worked. Any compensation paid pursuant to this section
shall  be  in  addition  to and not part of such employee's basic annual
salary, provided however, that any  amounts  payable  pursuant  to  this
section shall be included as compensation for retirement purposes.
  S  5. On-call compensation for certain state officers and employees in
the professional services negotiating  unit  of  the  state  university.
Notwithstanding  any  provision  of  law  to the contrary, any full-time
professional employee or other employee eligible to receive compensation
pursuant to section four of this act, who is required  to  be  available
for immediate recall and who must be prepared to return to duty within a
limited  period of time, may be granted additional compensation for each
day such employee is actually scheduled to remain and remains  available
for  recall. Such additional compensation shall be paid at a rate estab-
lished pursuant to the agreement. Such compensation shall be in addition
to and not part of such employee's basic annual salary, provided  howev-
er,  that  any amount payable pursuant to this section shall be included
as compensation for retirement purposes.
  S 6. Health insurance coverage for part-time employees in the  profes-
sional  services negotiating unit of the state university. Notwithstand-
ing any provision of law to the contrary,  any  employee  serving  in  a

S. 5799                             9

position  within the professional services negotiating unit of the state
university who serves on a part-time basis and is  otherwise  ineligible
to receive health insurance coverage may participate in the state health
insurance  program  provided  that such part-time employee pays the full
premium cost for the coverage provided by such health insurance program.
  S 7. Statewide joint labor-management  committees  for  certain  state
officers  and  employees. 1. During the period July 2, 2013 through July
1, 2016, there shall be a  statewide  joint  labor-management  committee
continued and administered pursuant to the terms of the agreement, which
shall  have  the  responsibility for studying and making recommendations
concerning the major issues of professional development and implementing
such agreements which may be entered into  between  the  state  and  the
employee organization concerning such matters.
  2. During the period July 2, 2013 through July 1, 2016, there shall be
a  statewide joint labor-management committee continued and administered
pursuant to the terms of the agreement, which shall have  the  responsi-
bility  for  studying  and  making recommendations concerning employment
related issues as required by provisions of the agreement  and  adminis-
tering  the continuity of employment fund subject to the approval of the
state and the employee organization.
  3. During the period July 2, 2013 through July 1, 2016, there shall be
a statewide joint labor-management committee continued and  administered
pursuant  to  the terms of the agreement, which shall have the responsi-
bility for studying and  making  recommendations  concerning  issues  of
safety  in  the  workplace and implementing such agreements which may be
entered into between the state and the employee organization  concerning
such matters.
  4. During the period July 2, 2013 through July 1, 2016, there shall be
a  statewide joint labor-management committee continued and administered
pursuant to the terms of the agreement, which shall have  the  responsi-
bility  for  studying  and  making recommendations concerning matters of
mutual interest in the areas of equal employment and affirmative  action
concerning  minorities,  women,  persons  with disabilities and military
status and implementing  such  agreements  which  may  be  entered  into
between the state and the employee organization concerning such matters.
  5. During the period July 2, 2013 through July 1, 2016, there shall be
a  statewide joint labor-management committee continued and administered
pursuant to the terms of the agreement, which shall have  the  responsi-
bility  for  studying  and  making  recommendations concerning issues of
health benefits and implementing such agreements which  may  be  entered
into  between  the  state  and the employee organization concerning such
matters.
  6. During the period July 2, 2013 through July 1, 2016, there shall be
a statewide joint labor-management committee continued and  administered
pursuant  to  the terms of the agreement, which shall have the responsi-
bility for studying and  making  recommendations  concerning  issues  of
technology  and  implementing  such agreements which may be entered into
between the state and the employee organization concerning such matters.
  7. During the period July 2, 2013 through July 1, 2016, there shall be
a Tripartite Redeployment Committee administered pursuant to  the  terms
of  the agreement, which shall have the responsibility for reviewing and
discussing issues related to redeployment consideration and implementing
such agreements which may be entered into  between  the  state  and  the
employee organization concerning such matters.
  8. During the period July 2, 2013 through July 1, 2016, there shall be
a  statewide  joint  labor-management committee established and adminis-

S. 5799                            10

tered pursuant to the terms of  the  agreement,  which  shall  have  the
responsibility for studying, making recommendations and approving campus
grants  that  would  benefit groups of employees at one or more campuses
and  implementing  such agreements which may be entered into between the
state and the employee organization concerning such matters.
  S 8. Notwithstanding any provision of law to the contrary, the  appro-
priations  contained in this act shall be available to the state for the
payment of grievance and arbitration settlements and awards pursuant  to
article 7 of the agreement.
  S  9.  The  salary  increases and benefit modifications, and any other
modifications to the terms and conditions of employment provided for  by
this  act  for  state employees in the professional services unit, shall
not be implemented until the director of employee relations  has  deliv-
ered,  to  the director of the budget and the comptroller, a certificate
that there is in effect with respect to such negotiating unit a  collec-
tively  negotiated  agreement  which  provides  for  such  increases and
modifications and which is fully executed  in  writing  with  the  state
pursuant  to  article 14 of the civil service law, and ratified pursuant
to the ratification procedure of the employee organization.
  S 10. Notwithstanding any other provision  of  law  to  the  contrary,
where, and to the extent that, the agreement so provides, an employee is
affected  as  a  result of the state's exercise of its right to contract
out, and in the event that such  affected  employee  obtains  employment
with  the  contractor,  the  employee shall not be barred from accepting
such employment as provided for in the agreement.
  S 11. Notwithstanding any inconsistent provision of law, where and  to
the  extent that any agreement between the state and the employee organ-
ization entered into pursuant to article 14 of the civil service law  so
provides  on  behalf  of  employees  in  the professional services unit,
effective January 1, 2014, the state shall contribute an  amount  desig-
nated  in such agreement and for the period covered by such agreement to
the accounts of such employees enrolled for  dependent  care  deductions
pursuant  to  subdivision  7  of section 201-a of the state finance law.
Such amounts shall be from funds appropriated herein and  shall  not  be
part of basic annual salary for overtime or retirement purposes.
  S  12.  Date  of  entitlement  to salary increase. Notwithstanding the
provisions of this act or of any other law, the increase  in  salary  or
compensation  of  any  officer or employee provided by this act shall be
added to the salary or compensation of such officer or employee  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 deter-
mining  the  salary  of  such officer or employee 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 in this act, and the 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 officer or employee. Payment  of  such
salary  increase  may  be  deferred pursuant to section thirteen of this
act.
  S  13.  Deferred  payment  of  salary  increase.  Notwithstanding  the
provisions of any other section of this act or of any other law, pending
payment  pursuant to this act of the basic annual salaries of incumbents

S. 5799                            11

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 the
effective dates of the salary increases provided for in this  act  until
the  time when basic annual salaries are first paid pursuant to this act
for such services in excess of the compensation actually received there-
for, 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 therefor. Such lump sum payments 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 calcu-
lated and not as compensation earned wholly in the year in which  it  is
paid.  Notwithstanding  any  law, rule or regulation to the contrary, no
member of the professional services 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  agreement  covering  employees  in  the
professional services unit.
  S  14. Use of appropriations. The comptroller is authorized to pay any
amounts required during the fiscal year commencing April 1, 2013, by the
provisions of this act for any  state  department  or  agency  from  any
appropriation or other funds available to such state department or agen-
cy  for  personal  service or for other related employee benefits during
such fiscal year. To the extent that such  appropriations  are  insuffi-
cient  in  any  fund  to  accomplish  the purposes herein set forth, the
director of the budget is authorized to allocate to the various  depart-
ments  and  agencies, from any appropriations available in any fund, the
amounts necessary to pay such amounts. The aforementioned appropriations
shall be  available  for  payment  of  any  liabilities  or  obligations
incurred prior to April 1, 2013 in addition to current liabilities.
  S  15.  Payment  from  special or administrative funds. If the compen-
sation to which officers and employees of the state are otherwise  enti-
tled  is  payable  from a special or administrative fund or funds of the
state, other than the general fund or the capital projects fund  of  the
state,  the increase in compensation to which such officers or employees
are entitled under this act shall be payable from  such  other  fund  or
funds  in  the  same  manner  as such other compensation. If the amounts
appropriated or allocable from such other fund or funds are insufficient
to accomplish the purposes of this act, the director of  the  budget  is
hereby  authorized to allocate such additional sums from such other fund
or funds as may be necessary therefor.
  S 16. Effect of participation in special annuity program. No  employee
participating in a special annuity program pursuant to the provisions of
article  8-C  of  title  1  of  the education law shall, by reason of an
increase in compensation pursuant to this act, suffer any  reduction  of
the  salary adjustment to which such officer or employee would otherwise
be entitled by reason of participation in such program, and such  salary
adjustment  shall  be  based upon the salary of such officer or employee
without regard to the reduction authorized by said article.
  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, or so much thereof as  may  be  neces-
sary, are hereby appropriated from the fund so designated for use by any
state  department  or  agency, including the contract colleges at Alfred
and Cornell, for the fiscal year beginning April 1, 2013, to  supplement

S. 5799                            12

appropriations  available  for  fringe  benefits,  and  to carry out the
provisions of this act. Moreover, the amounts appropriated  as  non-per-
sonal  service  may be suballocated to any state department or agency as
needed.  The monies hereby appropriated are available for payment of any
liabilities or obligations incurred prior to April 1, 2013  in  addition
to liabilities or obligations associated with the fiscal year commencing
April  1,  2013.  No  money shall be available for expenditure from this
appropriation until a certificate of approval of availability  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
chair of the senate finance committee and the chair of the assembly ways
and means committee.

                           NONPERSONAL SERVICE

For  services  and expenses to carry out the
  provisions of this act, including, but not
  limited to: adjustments  to  compensation,
  funding   for   professional  development,
  safety  and  health,  employee  assistance
  programs,  the  employment  committee, the
  affirmative action committee and the tech-
  nology committee, the tripartite redeploy-
  ment  committee  and  the  campus   grants
  committee and for family benefit programs,
  including  but  not limited to the employ-
  er's share of dependent care, for  employ-
  ees of the state university of New York in
  the collective negotiating unit designated
  as  the  professional services negotiating
  unit ........................................ $3,182,000
For the joint committee on health benefits ...... $175,000

  S 18. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after July 2, 2011.

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