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

                                   263

                          Extraordinary Session

                            I N  S E N A T E

                              June 23, 2009
                               ___________

Introduced by COMMITTEE ON RULES -- (at request of the Governor) -- read
  twice  and  ordered  printed,  and when printed to be committed to the
  Committee on Rules

AN ACT to amend the civil service law 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service law is REPEALED and a new  paragraph  g  is  added  to  read  as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. 263                              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. 263                              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. 263                              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. 263                              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. 263                              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. 263                              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. 263                              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. 263                              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. 263                             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.