NY State Senate Bill 2009-S8477

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 25, 2010	referred to finance

2009-S8477 (ACTIVE) - Details

See Assembly Version of this Bill:: A11608
Current Committee:: Senate Finance
Law Section:: New York State University

2009-S8477 (ACTIVE) - Summary

Relates to stipends and funds for the state university of New York; adjusts stipends for certain incumbents in SUNY; continues a doctoral program recruitment and retention enhancement fund; continues an employee assistance program

2009-S8477 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S8477

TITLE OF BILL:

An act to provide for the adjustment of stipends of certain incumbents
in the state university of New York and designating moneys therefor; to
continue a doctoral program recruitment and retention enhancement fund;
to continue an employee assistance program; to continue a professional
development committee; to continue a comprehensive college graduate
program recruitment and retention fund; to continue a fee mitigation
fund; to continue a downstate location fund; to continue a joint labor
management advisory board and to create an accidental death benefit

PURPOSE:

This bill would implement the terms of a memorandum of understanding
between the State of New York ("State") and the CWA Local 1104/Graduate
Students Employees Union ("GSEU"), the employee organization represent-
ing members of the State University Graduate Student Negotiating Unit
("Unit") established pursuant to Civil Service Law Article 14 ("Agree-
ment").

Section 1 of this bill would provide for a 3% annual increase in the
stipends for members of the Unit, effective on October 1, 2007 and Octo-
ber 1, 2008, and a 3% annual increase in the minimum stipend, to $8,336
for 2007-08, and to $8,586 for 2008-09.

Section 2 of this bill would continue the Doctoral Program Recruitment
and Retention Enhancement Fund from amounts appropriated in the bill, to
enhance employee compensation for the purpose of recruitment and
retention of new and existing doctoral students in selected programs,
and provide for the expiration of the program on July 1, 2009.

Section 3 of this bill would continue the Comprehensive College Graduate
Program Recruitment and Retention Fund from amounts appropriated in the
bill, to enhance employee compensation for the purpose of recruitment
and retention of new and existing graduate students in selected degree
programs, and provide for the expiration of the program on July 1, 2009.

Section 4 of this bill would continue the Fee Mitigation Fund from
amounts appropriated in the bill, for the purpose of funding the cost of
various fees including but not limited to technology fees, and provide
for the expiration of the program on July 1, 2009.

Section 5 of this bill would continue the Downstate Location Fund from
the amounts appropriated in the bill, for the purpose of funding salary
adjustments in the downstate area for employees whose work site is New
York City, Suffolk, Nassau, Rockland, Westchester, Dutchess, Putnam, or
Orange counties, and provide for the expiration of the program on July
1, 2009.

Section 6 of this bill would continue the Joint Labor-Management Advi-
sory Board; which would study and make recommendations concerning issues
of family benefits.

Section 7 of this bill would continue the Employee Assistance Program
for graduate student employees; within appropriations available for that
purpose, and provide for the expiration of the program on July 1, 2009.

Section 8 of this bill would continue the Professional Development
Committee to review, make recommendations, and implement programs for
professional development, and provide for the expiration of the program
on July 1, 2009.

Section 9 of this bill would make the appropriations contained in this
bill available to the State for the payment of grievance and arbitration
awards as provided for in the Agreement.

Section 10 of this bill would create an Accidental Death Benefit in the
amount of $50,000, payable to an employee's surviving spouse and chil-
dren or to the employee's estate in the event an employee dies on or
after July 2, 2007 as the result of an accidental on-the-job injury.

Section 11 of this bill would provide that the stipend adjustments and
benefit modifications provided in this bill would not be implemented
until the Director of the Budget and the comptroller receive a letter
certifying that there is in effect with respect to the unit a fully
executed and ratified Agreement.

Sections 12 through 15 of this bill would set forth the dates of enti-
tlement to the stipend increases and deferred payment of stipend
increases provided by this bill, as well as the use and amount of appro-
priation necessary to implement this bill.

Section 13 of this bill make it effective immediately and deem it to
have been in effect on and after July 2, 2007.

EXISTING LAW:

Chapter 41 of the Laws of 2005 sets forth the terms and conditions of
employment for members of the Unit.

This bill is necessary to implement the terms of the Agreement between
the State and the GSEU, the employee organization representing members
of the State University Graduate Student Negotiating Unit, in relation
to the terms and conditions of employment of members of the unit,
including but not limited to negotiated stipend increases and programs.

BUDGET IMPLICATIONS:

This bill includes $13.04 million in All Funds appropriations ($11.64
million General Fund) to cover pay increases provided in the 2007-08 to
2008-09 Agreement, through the 2010-2011 fiscal year. The contemplated

2010-11 Financial Plan is sufficient to accommodate the costs associated
with this bill.

EFFECTIVE DATE:

This bill would take effect immediately and be deemed to have been in
effect on and after July 2, 2007.

2009-S8477 (ACTIVE) - Bill Text download pdf

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

                                  8477

                            I N  S E N A T E

                             August 25, 2010
                               ___________

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

AN  ACT  to provide for the adjustment of stipends of certain incumbents
  in the state university of New York and designating  moneys  therefor;
  to  continue  a doctoral program recruitment and retention enhancement
  fund; to continue  an  employee  assistance  program;  to  continue  a
  professional   development  committee;  to  continue  a  comprehensive
  college graduate program recruitment and retention fund; to continue a
  fee mitigation fund; to continue a downstate location fund; to contin-
  ue a joint labor management advisory board and to create an accidental
  death benefit

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

  Section  1.  Adjustment to stipends of certain incumbents in the state
university of New York. a. The stipends as of  academic  year  2007-2008
for  incumbents  of positions in the state university of New York in the
collective negotiating unit designated as the state university  graduate
student negotiating unit in the state university of New York established
pursuant  to article 14 of the civil service law, on September 30, 2007,
shall be increased by three percent, rounded  up  to  the  next  dollar,
commencing the beginning of the payroll period the first day of which is
nearest  to October 1, 2007. "Incumbent," as referenced in this subdivi-
sion and subdivision b of this section, shall be defined as  members  of
the  state  university  graduate  student  negotiating  unit established
pursuant to article 14 of the civil service law who were employed by the
state university of New York on or after July  2,  2007,  and  are  also
employed  by  the state university of New York at the time of payment or
are matriculated at the same campus in which they were employed  at  the
time of payment.
  b.  The stipends as of academic year 2008-2009 for incumbents of posi-
tions in the state university of New York in the collective  negotiating
unit  designated  as  the  state university graduate student negotiating
unit in the state university of New York established pursuant to article

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

                                                           LBD12296-01-0

S. 8477                             2

14 of the civil service law, on September 30, 2008, shall  be  increased
by  three  percent, rounded up to the next dollar, commencing the begin-
ning of the payroll period the first day of which is nearest to  October
1, 2008.
  c.  (i)  This  subdivision  shall apply to employees in the collective
negotiating unit designated as the  state  university  graduate  student
negotiating  unit in the state university of New York established pursu-
ant to article 14 of the civil service law.
  (ii) The minimum stipend for academic year 2007-2008 shall increase by
three percent to eight thousand three hundred thirty-six dollars annual-
ly for employees on full assistantships at  university  center  campuses
effective concurrent with the effective date of the increase in subdivi-
sion  a  of  this section commencing the beginning of the payroll period
the first day of which is nearest to October 1, 2007.
  (iii) The minimum stipend for academic year 2008-2009  shall  increase
by  three  percent  to be eight thousand five hundred eighty-six dollars
annually for employees  on  full  assistantships  at  university  center
campuses effective concurrent with the effective date of the increase in
subdivision  b  of  this section commencing the beginning of the payroll
period the first day of which is nearest to October 1, 2008.
  (iv) Nothing herein shall prevent the state university of New York, in
its discretion, from increasing amounts paid to incumbents of  positions
of  the  state university graduate student negotiating unit in the state
university of New York established pursuant to article 14 of  the  civil
service  law  in addition to the minimum stipend 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  proce-
dures established by the state university of New York.
  d.  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,
the director of the budget, and the director of the governor's office of
employee relations, such increase is not warranted or is  not  appropri-
ate.
  S  2.  Doctoral  program  recruitment  and retention enhancement fund.
There is hereby continued, within the state university of  New  York,  a
doctoral  program  recruitment  and  retention enhancement fund from the
amounts appropriated herein. Such fund shall be used to enhance employee
compensation for the purpose of recruitment and  retention  of  new  and
existing  doctoral  students in selected programs. The specific doctoral
programs eligible for enhanced compensation  pursuant  to  this  section
shall be at the discretion of the state university of New York. However,
each  doctoral degree granting university campus of the state university
of New York shall receive an allocation from  such  fund  in  an  amount
proportionate  to  the  total  number of employees at such campus. To be
eligible for a payment for recruitment  and  retention  initiatives,  an
employee  must  have  been employed on or after July 2, 2007 and must be
employed at the time of payment. This program shall expire July 1, 2009.
  S 3. Comprehensive college graduate program recruitment and  retention
fund.  There  is  hereby  continued,  within the state university of New
York, a comprehensive college graduate program recruitment and retention
fund from the amounts appropriated herein. Such fund shall  be  used  to
enhance  employee  compensation  for  the  purpose  of  recruitment  and
retention of new and  existing  graduate  students  in  selected  degree

S. 8477                             3

programs.  The  specific  graduate degree programs eligible for enhanced
compensation pursuant to this section shall be at the discretion of  the
state  university  of  New York. Each campus shall receive an allocation
from  such  appropriation proportionate to the total number of employees
at such campus. To  be  eligible  for  a  payment  for  recruitment  and
retention  initiatives,  an employee must have been employed on or after
July 2, 2007 and must be employed at the time of payment.  This  program
shall expire July 1, 2009.
  S  4. Fee mitigation fund. There is hereby continued, within the state
university of New York, a fee mitigation fund from the amounts appropri-
ated herein. Such fund shall be used for the purpose of funding the cost
of various fees, including but not limited  to  technology  fees.    The
specific  fee  mitigation  initiatives  funded  pursuant to this section
shall be at the discretion of the state university  of  New  York.  Each
campus shall receive an allocation from such appropriation proportionate
to the total number of employees at such campus. To be eligible for such
payment,  an  employee  must  be  employed at the time of payment.  This
program shall expire July 1, 2009.
  S 5. Downstate location fund. There  is  hereby  continued,  with  the
state university of New York, a downstate location fund from the amounts
appropriated  herein. Such fund shall be used for the purpose of funding
location adjustments in the downstate area for employees whose work site
is New York city,  Suffolk,  Nassau,  Rockland,  Westchester,  Dutchess,
Putnam,  or  Orange  counties.  The specific location adjustments funded
pursuant to this section shall be at the discretion of the state univer-
sity of New York. Each campus shall  receive  an  allocation  from  such
appropriation  proportionate  to  the  total number of employees at such
campus. To be eligible for such payment, an employee must be employed at
the time of payment. This program shall expire July 1, 2009.
  S 6. Joint labor management advisory board.  Pursuant to the terms  of
an  agreement negotiated between the state and the employee organization
representing employees in the collective negotiating unit designated  as
the  state  university  graduate  student  negotiating unit in the state
university of New York established pursuant to article 14 of  the  civil
service  law, there shall be continued a joint labor management advisory
board to study and make  recommendations  concerning  issues  of  family
benefits  and  implement agreements that may be entered into between the
state and such employee organization concerning such issues  within  the
appropriations made available therefor.
  S  7.  Employee assistance program. Pursuant to the terms of an agree-
ment negotiated between the state and the employee organization  repres-
enting the collective negotiating unit designated as the state universi-
ty graduate student negotiating unit in the state university of New York
established pursuant to article 14 of the civil service law, there shall
be  continued  an  employee  assistance  program  to  be administered in
accordance with such agreement within the appropriations made  available
therefor. This program shall expire July 1, 2009.
  S  8.  Professional development committee. Pursuant to the terms of an
agreement negotiated between the state  and  the  employee  organization
representing  the  collective  negotiating  unit designated as the state
university graduate student negotiating unit in the state university  of
New  York  established  pursuant to article 14 of the civil service law,
there shall be continued a professional development committee to review,
make recommendations and implement programs  for  professional  develop-
ment.  Such program shall be administered in accordance with such agree-

S. 8477                             4

ment within the appropriations made  available  therefor.  This  program
shall expire July 1, 2009.
  S  9. 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 provided for
in  the  collective negotiating agreement between the state and employee
organization representing the collective negotiating unit designated  as
the  state  university  graduate  student  negotiating unit in the state
university of New York established pursuant to article 14 of  the  civil
service law.
  S  10. Accidental death benefit. Pursuant to the terms of an agreement
negotiated between the state and the employee organization  representing
the collective negotiating unit designated as the state university grad-
uate student negotiating unit in the state university of New York estab-
lished  pursuant  to article 14 of the civil service law, there shall be
created a death benefit in the amount of fifty thousand dollars, in  the
event  an  employee  dies  on  or after July 2, 2007 as the result of an
accidental on-the-job injury and a death benefit is paid pursuant to the
workers' compensation law,  payable  by  the  state  to  the  employee's
surviving  spouse  and  children to whom the workers' compensation acci-
dental death benefit is paid, or to the employee's estate,  and  in  the
same proportion as the workers' compensation accidental death benefit is
paid.  Such program shall be administered in accordance with such agree-
ment within the appropriations made available therefor.
  S 11. The stipend increases and benefit modifications provided for  by
this  act  for state employees in the collective negotiating unit desig-
nated as the state university graduate student negotiating unit  in  the
state  university  of New York established pursuant to article 14 of the
civil service law shall not be implemented until the director of employ-
ee relations has delivered to the director of the budget and  the  comp-
troller a letter certifying that there is in effect with respect to such
negotiating  unit  a collective negotiating agreement which provides for
such increases  and  modifications  and  which  is  ratified  and  fully
executed  in  writing with the state pursuant to article 14 of the civil
service law.
  S 12. Date of entitlement to  stipend  increase.  Notwithstanding  the
provisions of this act or of any other provision of law to the contrary,
the  stipend  increase  of any member of the collective negotiating unit
designated as the state university graduate student negotiating unit  in
the  state  university of New York established pursuant to article 14 of
the civil service law, as provided by this act, shall be  added  to  the
stipend  of such member at the beginning of the 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  stipend  of  such
employee  upon  reclassification,  reallocation, appointment, promotion,
transfer, demotion,  reinstatement  or  other  change  of  status,  such
stipend  increase shall be deemed to be effective on the date thereof as
prescribed by this act, and the payment thereof pursuant to this section
on a date prior thereto, instead of on such effective  date,  shall  not
operate to confer any additional compensation rights or benefits on such
employee.  Payment  of such stipend increase may be deferred pursuant to
section thirteen of this act.

S. 8477                             5

  S 13.  Deferred  payment  of  stipend  increase.  Notwithstanding  the
provisions  of this act, or of any other provision of law to the contra-
ry, pending payment of stipends pursuant to this act for  incumbents  of
positions subject to this act, such incumbents shall receive, as partial
compensation  for  services  rendered, the stipends otherwise payable in
their respective positions. An incumbent holding a position  subject  to
this act at any time during the period from July 2, 2007, until the time
when  stipend  increases  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 stipend
to which such incumbent is entitled for such  service  and  the  stipend
actually  received therefor. Such lump sum payment shall be made as soon
as practicable.
  S 14. 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, 2010 shall be available for the payment of any liabilities  or  obli-
gations  incurred  pursuant  to  the  foregoing  provisions of this act,
whether occurring prior to or during the state  fiscal  year  commencing
April 1, 2010.
  S  15.  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 are hereby appropriated
from  the  funds so designated for use by any state department or agency
for the fiscal year beginning April 1, 2010 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. Moreover, the amounts appropriated as non-personal 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 or during the state fiscal year commencing
April  1, 2010 in addition to liabilities or obligations 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,  2010.  No  money  shall  be
available  for expenditure from this appropriation until a certification
of approval has been issued by the  director  such  certificate  or  any
amendment  thereto has been filed with the state comptroller, the chair-
person of the senate finance  committee,  and  the  chairperson  of  the
assembly ways and means committee.

                   ALL STATE DEPARTMENTS AND AGENCIES

General Fund - State Purposes Account

S. 8477                             6

                     PERSONAL SERVICE

  Personal Service ............................. 7,322,000

                 MAINTENANCE UNDISTRIBUTED

  Fringe Benefits ................................ 632,000
  Doctoral Program Recruitment and Retention
    Enhancement Fund ........................... 1,312,000
  Comprehensive   College  Graduate  Program
    Recruitment and Retention Fund ............... 383,000
  Fee Mitigation Fund .......................... 1,133,000
  Downstate Location Fund ........................ 688,000
  Family Benefits Program ........................ 164,000
  Statewide Professional Development Committee ... 328,000
  Employee Assistance Program ..................... 22,000

Special Revenue Funds - Other
State University Income Fund - 345

  Personal Service ............................... 869,000
  Non-Personal Service ........................... 429,000

Miscellaneous Special Revenue Fund - 339

  Personal Service ................................ 62,000
  Non-Personal Service ............................ 31,000

Combined Expendable Trust Fund - 020

  Personal Service ................................. 1,000

Special Revenue Funds - Federal
Federal Education Fund - 267

  Personal Service ................................. 5,000
  Non-Personal Service ............................. 3,000

  S 16. This act shall take effect immediately and shall  be  deemed  to
have been in full force and effect on and after July 2, 2007.

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Senate Bill S8477

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

2009-S8477 (ACTIVE) - Details

2009-S8477 (ACTIVE) - Summary

2009-S8477 (ACTIVE) - Sponsor Memo

2009-S8477 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8477

Share this bill

Sponsored By

Toby Ann Stavisky

Archive: Last Bill Status - In Senate Committee Finance Committee

2009-S8477 (ACTIVE) - Details

2009-S8477 (ACTIVE) - Summary

2009-S8477 (ACTIVE) - Sponsor Memo

2009-S8477 (ACTIVE) - Bill Text download pdf

Comments