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

                                   134

                    Seventeenth Extraordinary Session

                            I N  S E N A T E

                              July 7, 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,  in  relation  to  compensation,
  benefits  and  other  terms  and  conditions  of employment of certain
  members of the security supervisors unit who are employed by the state
  department of correctional services and are designated as peace  offi-
  cers;  to  amend  the  state  finance law, in relation to the employee
  benefit fund for certain members of the security supervisors unit;  to
  provide  for  the  payment of a firearms training and safety incentive
  for peace officers who are members of the professional, scientific and
  professional services bargaining unit; to implement an interest  arbi-
  tration  award  issued between the state and the employee organization
  representing certain members of the security supervisors unit; to make
  an appropriation for  the  purpose  of  effectuating  certain  of  the
  provisions  thereof;  and  to  repeal  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.  Subparagraphs  1 and 2 of paragraph j of subdivision 1 of
section 130 of the civil service law are REPEALED and three new subpara-
graphs 1, 2 and 3 are added to read as follows:
  (1) EFFECTIVE APRIL FIRST, TWO THOUSAND FIVE:

                 SECURITY SUPERVISORS SALARY SCHEDULE -
                        ARBITRATION ELIGIBLE ONLY
              EFFECTIVE MARCH 31, 2005 (INSTITUTIONAL) AND
                EFFECTIVE APRIL 7, 2005 (ADMINISTRATIVE)

         PERF. PERF. PERF. PERF. PERF.                              LONG
          AD-   AD-   AD-   AD-   AD-                               MAX.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12092-01-9
              

S. 134                              2

   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 18788 19618 20448 21278 22108 22938 23768  830 25008 26249 28652 29893
 2 19510 20384 21258 22132 23006 23880 24754  874 26066 27378 29853 31166
 3 20519 21431 22343 23255 24167 25079 25991  912 27360 28729 31260 32629
 4 21488 22449 23410 24371 25332 26293 27254  961 28694 30133 32735 34174
 5 22553 23564 24575 25586 26597 27608 28619 1011 30133 31648 34325 35839
 6 23788 24851 25914 26977 28040 29103 30166 1063 31761 33356 36115 37711
 7 25192 26300 27408 28516 29624 30732 31840 1108 33498 35157 37978 39637
 8 26670 27819 28968 30117 31266 32415 33564 1149 35288 37012 39896 41621
 9 28216 29415 30614 31813 33012 34211 35410 1199 37212 39013 41978 43779
10 29875 31136 32397 33658 34919 36180 37441 1261 39329 41216 44265 46153
11 31702 33014 34326 35638 36950 38262 39574 1312 41539 43504 46633 48599
12 33522 34891 36260 37629 38998 40367 41736 1369 43793 45851 49068 51125
13 35584 37015 38446 39877 41308 42739 44170 1431 46312 48454 51759 53901
14 37687 39187 40687 42187 43687 45187 46687 1500 48931 51176 54582 56826
15 39914 41474 43034 44594 46154 47714 49274 1560 51612 53951 57449 59786
16 42224 43854 45484 47114 48744 50374 52004 1630 54448 56892 60495 62938
17 44653 46370 48087 49804 51521 53238 54955 1717 57526 60096 63829 66400
18 47249 49051 50853 52655 54457 56259 58061 1802 60764 63468 67333 70037
19 49880 51762 53644 55526 57408 59290 61172 1882 63993 66814 70798 73620
20 52491 54458 56425 58392 60359 62326 64293 1967 67246 70199 74312 77266
21 55368 57420 59472 61524 63576 65628 67680 2052 70758 73835 78074 81151
22 58381 60554 62727 64900 67073 69246 71419 2173 74674 77928 82344 85599
23 61591 63826 66061 68296 70531 72766 75001 2235 78355 81709 86222 89575
24 64977 67295 69613 71931 74249 76567 78885 2318 82360 85836 90475 93951
25 68656 71073 73490 75907 78324 80741 83158 2417 86782 90405 95193 98817

  (2) EFFECTIVE APRIL FIRST, TWO THOUSAND SIX:

                 SECURITY SUPERVISORS SALARY SCHEDULE -
                        ARBITRATION ELIGIBLE ONLY
              EFFECTIVE MARCH 30, 2006 (INSTITUTIONAL) AND
                EFFECTIVE APRIL 6, 2006 (ADMINISTRATIVE)

         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 19305 20158 21011 21864 22717 23570 24423  853 25697 26972 29441  30716
 2 20047 20945 21843 22741 23639 24537 25435  898 26783 28131 30674  32023
 3 21083 22020 22957 23894 24831 25768 26705  937 28112 29518 32119  33526
 4 22079 23066 24053 25040 26027 27014 28001  987 29481 30959 33633  35111
 5 23173 24212 25251 26290 27329 28368 29407 1039 30963 32519 35270  36826
 6 24442 25534 26626 27718 28810 29902 30994 1092 32633 34272 37107  38746
 7 25885 27024 28163 29302 30441 31580 32719 1139 34423 36127 39026  40730
 8 27403 28584 29765 30946 32127 33308 34489 1181 36260 38032 40995  42768
 9 28992 30224 31456 32688 33920 35152 36384 1232 38236 40086 43133  44983
10 30697 31993 33289 34585 35881 37177 38473 1296 40413 42352 45485  47425
11 32574 33922 35270 36618 37966 39314 40662 1348 42681 44700 47915  49935
12 34444 35851 37258 38665 40072 41479 42886 1407 45000 47114 50420  52533
13 36563 38033 39503 40973 42443 43913 45383 1470 47584 49785 53181  55382
14 38723 40264 41805 43346 44887 46428 47969 1541 50275 52581 56081  58387
15 41012 42615 44218 45821 47424 49027 50630 1603 53032 55436 59030  61431

S. 134                              3

16 43385 45060 46735 48410 50085 51760 53435 1675 55946 58457 62160  64670
17 45881 47645 49409 51173 52937 54701 56465 1764 59107 61747 65583  68225
18 48548 50400 52252 54104 55956 57808 59660 1852 62437 65216 69187  71965
19 51252 53186 55120 57054 58988 60922 62856 1934 65755 68653 72747  75646
20 53935 55956 57977 59998 62019 64040 66061 2021 69095 72129 76356  79391
21 56891 58999 61107 63215 65323 67431 69539 2108 72702 75863 80219  83380
22 59986 62219 64452 66685 68918 71151 73384 2233 76729 80072 84609  87954
23 63285 65582 67879 70176 72473 74770 77067 2297 80513 83959 88597  92042
24 66764 69146 71528 73910 76292 78674 81056 2382 84627 88198 92965  96536
25 70544 73028 75512 77996 80480 82964 85448 2484 89172 92894 97814 101538

  (3) EFFECTIVE MARCH THIRTY-FIRST, TWO THOUSAND SEVEN:

                 SECURITY SUPERVISORS SALARY SCHEDULE -
                        ARBITRATION ELIGIBLE ONLY
              EFFECTIVE MARCH 31, 2007 (INSTITUTIONAL) AND
                EFFECTIVE MARCH 31, 2007 (ADMINISTRATIVE)

         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 22355 23208 24061 24914 25767 26620 27473  853 28747 30022  32491  33766
 2 23097 23995 24893 25791 26689 27587 28485  898 29833 31181  33724  35073
 3 24133 25070 26007 26944 27881 28818 29755  937 31162 32568  35169  36576
 4 25129 26116 27103 28090 29077 30064 31051  987 32531 34009  36683  38161
 5 26223 27262 28301 29340 30379 31418 32457 1039 34013 35569  38320  39876
 6 27492 28584 29676 30768 31860 32952 34044 1092 35683 37322  40157  41796
 7 28935 30074 31213 32352 33491 34630 35769 1139 37473 39177  42076  43780
 8 30453 31634 32815 33996 35177 36358 37539 1181 39310 41082  44045  45818
 9 32042 33274 34506 35738 36970 38202 39434 1232 41286 43136  46183  48033
10 33747 35043 36339 37635 38931 40227 41523 1296 43463 45402  48535  50475
11 35624 36972 38320 39668 41016 42364 43712 1348 45731 47750  50965  52985
12 37494 38901 40308 41715 43122 44529 45936 1407 48050 50164  53470  55583
13 39613 41083 42553 44023 45493 46963 48433 1470 50634 52835  56231  58432
14 41773 43314 44855 46396 47937 49478 51019 1541 53325 55631  59131  61437
15 44062 45665 47268 48871 50474 52077 53680 1603 56082 58486  62080  64481
16 46435 48110 49785 51460 53135 54810 56485 1675 58996 61507  65210  67720
17 48931 50695 52459 54223 55987 57751 59515 1764 62157 64797  68633  71275
18 51598 53450 55302 57154 59006 60858 62710 1852 65487 68266  72237  75015
19 54302 56236 58170 60104 62038 63972 65906 1934 68805 71703  75797  78696
20 56985 59006 61027 63048 65069 67090 69111 2021 72145 75179  79406  82441
21 59941 62049 64157 66265 68373 70481 72589 2108 75752 78913  83269  86430
22 63036 65269 67502 69735 71968 74201 76434 2233 79779 83122  87659  91004
23 66335 68632 70929 73226 75523 77820 80117 2297 83563 87009  91647  95092
24 69814 72196 74578 76960 79342 81724 84106 2382 87677 91248  96015  99586
25 73594 76078 78562 81046 83530 86014 88498 2484 92222 95944 100864 104588
  S  2.  Subdivision  2-a  of section 207-a of the state finance law, as
amended by chapter 375 of the laws  of  2007,  is  amended  to  read  as
follows:
  2-a.  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
so provides on behalf of employees in the  collective  negotiating  unit

S. 134                              4

designated  as  the  security  supervisors  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 established by the employee organization  for  the
employees  in  the negotiating unit covered by the controlling provision
of such agreement providing for such employee benefit fund, such  amount
to  be  determined  consistent  with  said agreement 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 falls for payments to be  made  on
April  first,  two thousand three, on the last day of the payroll period
in which March first, two thousand four 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. The  amount,  which  will  be  determined
pursuant  to  this  section,  for employees who are paid from special or
administrative funds,  other  than  the  general  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  administrative  funds.  The
director may enter into an agreement with an employee organization which
sets  forth  the  specific terms and conditions of the establishment and
administration of an employee benefit fund as a condition for the trans-
mittal of moneys pursuant to this section.  SUCH AGREEMENT SHALL PROVIDE
THAT ANY CONTRIBUTIONS PAID TO THE EMPLOYEE ORGANIZATION FOR THE  ESTAB-
LISHMENT  AND  MAINTENANCE OF THE EMPLOYEE BENEFIT FUND PURSUANT TO THIS
SECTION ON BEHALF OF ELIGIBLE MEMBERS OF THIS UNIT SHALL  BE  OFFSET  BY
CONTRIBUTIONS  ALREADY  MADE  ON  BEHALF OF THOSE MEMBERS IN EACH OF THE
COVERED YEARS, WHERE APPLICABLE.
  S 3. Compensation for certain members of  the  collective  negotiating
unit  designated  as  security supervisors pursuant to an interest arbi-
tration award issued pursuant to subdivision 4 of  section  209  of  the
civil service law.
  1.  The  provisions  of  this  section shall apply to full-time annual
salaried members of the collective negotiating unit designated as  secu-
rity supervisors who are employed by the state department of correction-
al services and are designated as peace officers pursuant to subdivision
25 of section 2.10 of the criminal procedure law.
  2.  Effective April 1, 2005, the basic annual salary of members of the
collective negotiating unit designated as security supervisors  who  are
employed by the state department of correctional services and are desig-
nated  as  peace  officers pursuant to subdivision 25 of section 2.10 of
the criminal procedure law and who  are  in  full-time  annual  salaried
employment status on March 31, 2005 shall be increased by 2 1/4 percent.
  3.  Effective April 1, 2006, the basic annual salary of members of the
collective negotiating unit designated as security supervisors  who  are
employed by the state department of correctional services and are desig-
nated  as  peace  officers pursuant to subdivision 25 of section 2.10 of
the criminal procedure law and who  are  in  full-time  annual  salaried
employment status on March 31, 2006 shall be increased by 2 3/4 percent.
  4. Effective March 31, 2007, the basic annual salary of members of the
collective  negotiating  unit designated as security supervisors who are
employed by the state department of correctional services and are desig-

S. 134                              5

nated as peace officers pursuant to subdivision 25 of  section  2.10  of
the  criminal  procedure  law,  and who are in full-time annual salaried
employment status on March 31, 2007 shall  be  increased  by  $3,050  to
reflect  the  items  of  clothing  maintenance  allowance  and  security
enforcement differential added to base salary.
  5. Payments pursuant to the provisions of subdivision 6 of section 131
of the civil service law for members of the collective negotiating  unit
designated  as  security  supervisors  who are entitled to such payments
shall be payable pursuant to the terms of a determination  made  by  the
arbitration  panel and pursuant to the terms of an agreement between the
state and an employee organization representing employees subject to the
provisions of this section.
  6. Effective April 1, 2005, 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 collective negotiating unit
designated as security supervisors who are employed by the state depart-
ment of correctional services  and  are  designated  as  peace  officers
pursuant  to  subdivision  25  of section 2.10 of the criminal procedure
law, for such unit members who are on the institutional  or  administra-
tive  payroll,  the  10-year,  the  15-year, the 20-year and the 25-year
longevity step payment for such unit members to whom the  provisions  of
this section apply shall be that amount prescribed by subparagraphs 1, 2
or 3 of paragraph j of subdivision 1 of section 130 of the civil service
law, as added by section one of this act.
  7. 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 1, 2, 3, 4 or 5, the job rate, the 10-year longevity step,
the 15-year longevity step, the 20-year longevity step  or  the  25-year
longevity  step  of the salary grade of his or her position on March 31,
2005 for such unit members to whom the provisions of this section  apply
on the institutional or administrative payroll, such basic annual salary
shall be increased to the hiring rate, performance advance step 1, 2, 3,
4  or 5, the job rate, the 10-year longevity step, the 15-year longevity
step, the 20-year longevity step or the 25-year longevity step  of  such
salary  grade  as contained in subparagraph 1 of paragraph j of subdivi-
sion 1 of section 130 of the civil service law, as added by section  one
of  this  act,  to take effect on April 1, 2005 for such unit members to
whom the provisions of this section apply on the institutional or admin-
istrative 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 1, 2, 3,  4  or  5,  the  job  rate,  the
10-year  longevity step, the 15-year longevity step, the 20-year longev-
ity step or the 25-year longevity step of the salary grade of his or her
position on March 31, 2006 for such unit members to whom the  provisions
of  this  section  apply on the institutional or administrative payroll,
such basic annual salary shall be increased to the hiring rate, perform-
ance advance step 1, 2, 3, 4 or 5, the job rate, the  10-year  longevity
step,  the  15-year  longevity  step,  the 20-year longevity step or the
25-year longevity step of such salary grade as contained in subparagraph
2 of paragraph j 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,
2006 for such unit members to whom the provisions of this section  apply
on  the  institutional  or  administrative  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 1, 2,  3,  4

S. 134                              6

or  5,  the  job rate, the 10-year longevity step, the 15-year longevity
step, the 20-year longevity step or the 25-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 or administrative payroll, such  basic  annual  salary  shall  be
increased  to the hiring rate, performance advance step 1, 2, 3, 4 or 5,
the job rate, the 10-year longevity step, the  15-year  longevity  step,
the  20-year longevity step or the 25-year longevity step of such salary
grade as contained in subparagraph 3 of paragraph j of subdivision 1  of
section  130  of  the civil service law, as added by section one of this
act, to take effect on March 31, 2007 for such unit members to whom  the
provisions  of this section apply on the institutional or administrative
payroll. The increases in basic annual salary provided by this  subdivi-
sion  shall  be  in lieu of any increase in basic annual salary provided
for in subdivisions two, three and four of this section.
  8. 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 members to whom the provisions  of  this  section  apply,  the
salary  otherwise  provided  for such position shall be increased in the
same manner as though such position had been in existence  but  unencum-
bered.  Notwithstanding  the provisions of this section, the director of
the budget may reduce the salary of  any  such  position,  which  is  or
becomes vacant.
  9.  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 certain members of the collective
negotiating unit designated as security supervisors  who  are  full-time
annual  salaried and who are employed by the state department of correc-
tional services and are peace officers pursuant  to  subdivision  25  of
section 2.10 of the criminal procedure law.
  1.  In  recognition of the general requirement for full-time employees
of the state in the collective negotiating unit designated  as  security
supervisors established pursuant to article 14 of the civil service law,
to  assemble for briefing prior to the commencement of duties, where and
to the extent an agreement between the state and an  employee  organiza-
tion  entered  into  pursuant  to article 14 of the civil service law so
provides on behalf of  employees  in  the  collective  negotiating  unit
designated as security supervisors established pursuant to article 14 of
the  civil  service  law,  each  such  employee  except such an employee
receiving additional compensation pursuant to subdivision 5  of  section
134  of  the civil service law, shall receive additional compensation in
recognition of pre-shift briefing.
  2. Each such employee holding a position in the collective negotiating
unit designated as security supervisors shall be  compensated  for  pre-
shift briefing in accordance with the terms of a collectively negotiated
agreement,  continued  pursuant  to  subparagraph  e of subdivision 1 of
section 209-a of the civil  service  law,  between  the  state  and  the
employee  organization  representing  the  security supervisors unit. No
payments authorized pursuant to this section and such negotiated  agree-
ment shall be made to an employee who is in non-pay status for that day.

S. 134                              7

  3.  Any such additional compensation pursuant to this section shall be
paid in addition to and shall not be a  part  of  the  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 employees  in
recognition of pre-shift briefing.
  S  5.  Corrections  clothing maintenance allowance. Effective April 1,
2005, 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 collective negotiating unit designated as security
supervisors who are full-time annual salaried employees and are employed
by the state department of correctional services and are  designated  as
peace  officers pursuant to subdivision 25 of section 2.10 of the crimi-
nal procedure law, in recognition of the general  requirement  for  such
unit  members  to  wear a uniform and to the extent that a determination
made by the public arbitration panel so provides on behalf of such  unit
members  each  such  employee  who is on the payroll on the first day of
November preceding the annual effective date shall continue  to  receive
an allowance for cleaning and maintenance at the rate of $1,500 per year
effective December 1, 2005, in accordance with the determination made by
the  public  arbitration panel. Such allowance shall be payable by sepa-
rate check on or about December first of each year. Effective March  31,
2007,  the corrections clothing maintenance allowance of $1,500 shall be
added to the basic annual salary of those employees in payroll status on
March 30, 2007. Such addition to basic annual salary on March  31,  2007
is  specified  in  subdivision 4 of section three of this act. Effective
March 31, 2007, the separate allowance for the cleaning and  maintenance
of  such  unit  members' uniforms to whom the provisions of this section
apply shall be rolled into basic annual salary and shall  no  longer  be
reflected separately for the unit members to whom the provisions of this
section apply.  Retroactive payments shall be payable as soon as practi-
cable  for the retroactive provisions of this section. Any amounts to be
received by eligible members of this unit shall be  offset  by  payments
already received as uniform allowance in each year and the remainder, if
any, shall be calculated as part of a retroactive payment.
  S 6. Location compensation. Pursuant to the terms of an interest arbi-
tration  award  issued  pursuant  to subdivision 4 of section 209 of the
civil service law covering certain members of the collective negotiating
unit designated as security supervisors, and notwithstanding any  incon-
sistent  provision  of law, effective April 1, 2005, all members of this
unit who are employed by the state department of  correctional  services
as  peace  officers  pursuant  to  subdivision 25 of section 2.10 of the
criminal procedure law, and are full-time annual salaried employees  and
whose  principal place of employment, or, in the case of a field employ-
ee, whose official station as determined in accordance  with  the  regu-
lations of the state comptroller, is located in the city of New York, or
in the county of Putnam, Orange, Dutchess, Rockland, Westchester, Nassau
or Suffolk, shall receive location pay in the following annual amounts:
Orange, Putnam, Dutchess           $1,092
NYC, Rockland, Westchester         $2,938
Nassau, Suffolk                    $3,093
  Effective  April 1, 2006, all members of this unit who are employed by
the state department of correctional services as peace officers pursuant

S. 134                              8

to subdivision 25 of section 2.10 of the criminal procedure law, and are
full-time annual salaried employees and whose principal place of employ-
ment, or, in the case of a field employee,  whose  official  station  as
determined  in accordance with the regulations of the state comptroller,
is located in the city of New York, or in the county of Putnam,  Orange,
Dutchess,  Rockland,  Westchester,  Nassau  or  Suffolk,  shall  receive
location pay in the following annual amounts:
Orange, Putnam, Dutchess           $1,126
NYC, Rockland, Westchester         $3,026
Nassau, Suffolk                    $3,093
  This payment shall be equally divided over the 26 payroll  periods  in
each  fiscal  year  and  shall  count  as  compensation for overtime and
retirement purposes. Furthermore, effective April 1, 2005,  there  shall
be  no  other  payment  for location pay or supplemental location pay as
they have been combined into a single payment and increased  in  accord-
ance  with  the  amounts set forth herein. Any amounts to be received by
eligible members of this  unit  shall  be  offset  by  payments  already
received  as location pay and supplemental location pay in each year and
the remainder, if any, shall be calculated  as  part  of  a  retroactive
payment.  Retroactive  payments  shall be payable as soon as practicable
for the retroactive provisions of this section.
  S 7. Security enforcement differential. Pursuant to the  terms  of  an
interest  arbitration  award issued pursuant to subdivision 4 of section
209 of the civil service law covering certain members of the  collective
negotiating  unit  designated  as  security  supervisors, members of the
collective negotiating unit designated as security supervisors  who  are
employed by the state department of correctional services and are desig-
nated  as  peace  officers pursuant to subdivision 25 of section 2.10 of
the criminal procedure law, are full-time annual salaried employees, and
notwithstanding any provision of law, rule or regulation to the  contra-
ry,  effective  April 1, 2005, the annual security enforcement differen-
tial for such unit members to whom the provisions of this section  apply
shall  be  increased  by  $275 to $850; and effective April 1, 2006, the
differential shall be increased by $250 to $1,100. Effective  March  31,
2007,  the  security enforcement differential shall be increased by $450
to $1,550, and such amount shall be added on March 31, 2007 to the basic
annual salary of such unit  members  to  whom  the  provisions  of  this
section  apply in accordance with subdivision 4 of section three of this
act. Effective March 31, 2007,  the  security  enforcement  differential
will thereafter be rolled into base annual salary and shall no longer be
reflected separately for the unit members to whom the provisions of this
section  apply.  Such  amounts  cited in this section shall be offset by
payments already received as security enforcement differential  in  each
year  and  the  remainder  shall  be calculated as part of a retroactive
payment. All  compensation  received  pursuant  to  this  section  shall
continue to be included as compensation for retirement purposes.
  S  8.  Inconvenience pay program. Pursuant to the terms of an interest
arbitration award issued pursuant to subdivision 4 of section 209 of the
civil service law covering members of the security supervisors unit  who
are  employed  by  the state department of correctional services and are
designated as peace officers pursuant to subdivision 25 of section  2.10
of  the  criminal  procedure  law,  effective  April  1, 2006, such unit
members to whom the provisions of this section apply who work the  even-
ing  shift as defined by the individual facilities within the department
of correctional services,  shall  be  paid  $1,800  per  year  in  equal
bi-weekly  installments for work on such shift. Effective April 1, 2006,

S. 134                              9

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 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
either the evening shift or 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  approved paid leave 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  9.  Command  pay.  Pursuant to the terms of an interest arbitration
award issued pursuant to subdivision 4  of  section  209  of  the  civil
service  law  covering  those members of the collective negotiating unit
designated as security supervisors who are employed by the department of
correctional services and are designated as peace officers  pursuant  to
subdivision  25  of  section 2.10 of the criminal procedure law, and are
full-time annual salaried employees, notwithstanding  any  provision  of
law,  rule or regulation to the contrary, effective April 1, 2005, these
designated unit members shall continue to receive  $1,500  annually,  in
recognition  of  the  command  duties  and responsibilities performed by
these designated peace  officers  with  regard  to  infectious  disease,
mental  health, crime scene control, prisoner transport and other inter-
agency issues which arise in correctional facilities. This payment  will
be  equally  divided over the 26 payroll periods in each fiscal year and
shall count as compensation for overtime and retirement purposes.
  S 10. 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 supervisors collective negotiating unit who
are employed by the state department of correctional  services  and  are
designated  as peace officers pursuant to subdivision 25 of section 2.10
of the criminal procedure law, are full-time annual salaried  employees,
and  notwithstanding  any  provision  of  law, rule or regulation to the
contrary, during the period April 1, 2005 through March 31, 2007,  there
shall continue to be a committee on health benefits funded in the amount
of $6,400 annually. One-half of these amounts in each year shall be made
available to each party.
  S  11. Notwithstanding any provision of law to the contrary, effective
April 1, 2008, where and to the extent that  an  agreement  between  the
state  and  an employee organization entered into pursuant to article 14
of the civil service law so provides for a pilot  program  concerning  a
firearms training and safety incentive for peace officers in the profes-
sional,  scientific  and  technical services bargaining unit, a lump sum
payment for such incentive shall be paid for each  year  of  such  pilot
program  to any employee who is deemed qualified pursuant to such agree-
ment. Such payment shall be in an amount negotiated for those  employees
who  meet criteria established by such pilot program. Such payment shall
occur at the time prescribed by such pilot program or as soon as practi-
cable thereafter. Such lump sum payment shall not be paid in any year an
employee does not meet the qualifications and  criteria  of  such  pilot
program  or upon cessation of such pilot program on April 1, 2011 unless
an extension is negotiated by the parties. Such lump sum  payment  shall
be considered salary for overtime purposes.
  S 12. Notwithstanding any provision of law to the contrary, the appro-
priations  contained in this act shall be available to the state for the

S. 134                             10

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
collective  negotiating  unit  designated as security supervisors estab-
lished pursuant to article 14 of the civil service law.
  S 13. No member of the collective negotiating unit designated as secu-
rity supervisors shall be entitled to any increase in  any  compensation
provided for in this act until and unless such member is employed by the
state  department  of correctional services and is designated as a peace
officer pursuant to subdivision 25  of  section  2.10  of  the  criminal
procedure law and is a full-time annual salaried employee.
  S  14. 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
collective negotiating unit designated as  security  supervisors  estab-
lished  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 said negotiating unit shall not be
subject to the provisions of subdivision 2-a of section 200 of the state
finance law.
  S 15. 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 collective
negotiating unit designated as security supervisors 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 salary 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 sala-
ry  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 sixteen of this act.
  S  16.  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, 2005, 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

S. 134                             11

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
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 collective negotiating unit designated as
security supervisors 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 pursuant to subdivision 4 of section 209 of the civil service law.
  S  17.  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 18. 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
  Personal Service

Personal service - regular .................... $9,722,000

S. 134                             12

Other compensation, including but not limit-
  ed to, overtime, holiday pay, longevities,
  security     enforcement     differential,
  location, supplemental location, inconven-
  ience pay, expanded duty pay ................ $5,841,000

                    NONPERSONAL SERVICE

Fringe benefits ............................... $1,191,000
Joint committee on health benefits ............... $13,000
Contract administration ......................... $200,000
Employee benefit fund ............................. $3,000
Employee assistance program ..................... $300,000

  S  19.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2005;  provided
that  section  eleven  of  this act shall be deemed to have been in full
force and effect on and after April 1, 2008.
  REPEAL NOTE.--Subparagraphs 1 and 2 of paragraph j of subdivision 1 of
section 130 of the civil service law, repealed by section  one  of  this
act,  provided  salary  schedules  for  certain  state employees who are
members of the collective negotiating unit designated as security super-
visors 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 new subparagraphs 1, 2 and 3 of paragraph j
of subdivision 1 of section 130 of the civil service law.