LBD12100-01-4
S. 7857                             2                           A. 10116
unit in the state university of New York established pursuant to article
14 of the civil service law, on September 30, 2010, 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, 2010. "Incumbent,"  as  referenced  in  this  subdivision,  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 the effective date
of the increase and at the time of payment.
  (c) For academic year 2011-2012, an incumbent of  a  position  in  the
state  university  of New York 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 receive a non-recurring lump sum payment in the
amount of $500, at the beginning of the payroll period the first day  of
which  is nearest to October 1, 2014. "Incumbent," as referenced in this
subdivision, shall be defined as members of the state university  gradu-
ate  student  negotiating unit established pursuant to article 14 of the
civil service law who were employed by the state university of New  York
during  academic  year  2011-2012 (defined as the period July 2, 2011 to
July 1, 2012) and at the time of payment. No  incumbent  as  defined  in
subdivisions  (a)  or  (b)  of this section are eligible to receive this
non-recurring lump sum payment. Employees to whom the provisions of this
subdivision apply who are employed in less than full  assistantships  at
the  time  of  payment  pursuant  to this section shall be entitled to a
non-recurring lump sum payment of $250.
  (d) The stipend as of academic year 2014-2015 for an  incumbent  of  a
position in the state university of New York in the collective negotiat-
ing 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, 2014, shall be increased
by two percent, rounded up to the next dollar, commencing the  beginning
of  the  payroll  period the first day of which is nearest to October 1,
2014. "Incumbent," as referenced in this subdivision, 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 the effective date of
the increase and at the time of payment.
  (e) The stipend as of academic year 2015-2016 for an  incumbent  of  a
position in the state university of New York in the collective negotiat-
ing 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, 2015, shall be increased
by two percent, rounded up to the next dollar, commencing the  beginning
of  the  payroll  period the first day of which is nearest to October 1,
2015. "Incumbent," as referenced in this subdivision, 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 the effective date of
the increase and at the time of payment.
  (f) (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 2009-2010 shall increase by
two  percent  to $8,758 annually for employees on full assistantships at
S. 7857                             3                           A. 10116
university center campuses effective concurrent with the effective  date
of the increase in subdivision (a) of this section commencing the begin-
ning  of the payroll period the first day of which is nearest to October
1, 2009.
  (iii)  The  minimum stipend for academic year 2010-2011 shall increase
by three percent to be $9,021 annually for employees on full  assistant-
ships at university center campuses effective concurrent with the effec-
tive  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, 2010.
  (iv) The minimum stipend for academic year 2014-2015 shall increase by
two percent to be $9,201 annually for employees on  full  assistantships
at  university  center  campuses effective concurrent with the effective
date of the increase in subdivision (d) of this section  commencing  the
beginning  of  the  payroll  period the first day of which is nearest to
October 1, 2014.
  (v) The minimum stipend for academic year 2015-2016 shall increase  by
two  percent  to be $9,385 annually for employees on full assistantships
at university center campuses effective concurrent  with  the  effective
date  of  the increase in subdivision (e) of this section commencing the
beginning of the payroll period the first day of  which  is  nearest  to
October 1, 2015.
  (vi) Nothing herein shall prevent the state university of New York, in
its  discretion, from increasing amounts paid to an incumbent of a posi-
tion 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
procedures established by the state university of New York.
  (g) Notwithstanding any of the foregoing provisions of  this  section,
any  increase  in  compensation  or  lump sum payment 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 direc-
tor of the governor's office of employee relations, such increase is not
warranted or is not appropriate.
  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. Pursuant
to the terms of the collective bargaining agreement, these funds may  be
reallocated  for  use by other joint committees upon mutual agreement of
the parties. To be eligible  for  such  payment,  an  employee  must  be
employed  on  or  after  July  2,  2014 and at the time of payment. This
program shall expire July 1, 2016.
  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
S. 7857                             4                           A. 10116
retention of new and  existing  graduate  students  in  selected  degree
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. Pursuant to the terms of the collective
bargaining agreement, these funds may be reallocated for  use  by  other
joint  committees  upon  mutual agreement of the parties. To be eligible
for such payment, an employee must be employed on or after July 2,  2014
and at the time of payment. This program shall expire July 1, 2016.
  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.  Pursuant
to the terms of the collective bargaining agreement, these funds may  be
reallocated  for  use by other joint committees upon mutual agreement of
the parties. To be eligible  for  such  payment,  an  employee  must  be
employed  on  or  after  July  2, 2014 and at the time of payment.  This
program shall expire July 1, 2016.
  S 5. Downstate location fund. There is hereby  continued,  within  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.  Pursuant to the terms of  the  collective  bargaining
agreement, these funds may be reallocated for use by other joint commit-
tees  upon  mutual  agreement  of  the  parties. To be eligible for such
payment, an employee must be employed on or after July 2,  2014  and  at
the time of payment. This program shall expire July 1, 2016.
  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. Pursuant to  the  terms  of  the
collective  bargaining agreement, these funds may be reallocated for use
by other joint committees upon mutual agreement of the parties.
  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. Pursuant to the terms of the collective bargaining  agreement,
these  funds  may  be reallocated for use by other joint committees upon
mutual agreement of the parties. This program shall expire July 1, 2016.
  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,
S. 7857                             5                           A. 10116
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-
ment within the appropriations made available therefor.  Pursuant to the
terms of the collective bargaining agreement, these funds may be reallo-
cated  for  use  by  other joint committees upon mutual agreement of the
parties. This program shall expire July 1, 2016.
  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
continue  to be 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, lump sum payment  and  benefit  modifica-
tions provided for by this act for state employees and any incumbent, as
defined  by  section one of this act, 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 shall not be implemented  until  the  director  of
employee  relations  has delivered to the director of the budget and the
comptroller 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 incumbent, as defined by section one of this
act,  of the collective negotiating unit designated as the state univer-
sity 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 incumbent 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 deter-
mining 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
S. 7857                             6                           A. 10116
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 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 any  incumbent,
as defined by section one of this act, of positions subject to this act,
such  incumbent  shall  receive,  as  partial  compensation for services
rendered, the stipends otherwise payable in their  respective  position.
An  incumbent, as defined by section one of this act, holding a position
subject to this act at any time during the period  from  July  2,  2009,
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,  2014  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, 2014.
  S 15. Notwithstanding any law to the contrary, and in accordance  with
section 4 of the state finance law, the comptroller is hereby authorized
and directed to transfer, upon request of the director of the budget, up
to  $2,695,000 from the general fund to the state university income fund
(345) to carry out the provisions of section sixteen of this act.
  S 16. 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, 2014 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 sub-allocated 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, 2014 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,  2014.  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
S. 7857                             7                           A. 10116
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
                        MAINTENANCE UNDISTRIBUTED
Doctoral  Program  Recruitment  and  Retention Enhancement
  Fund............................................$670,000
Comprehensive   College   Graduate   Program
  Recruitment and Retention Fund..................$196,000
Fee Mitigation Fund...............................$578,000
Downstate Location Fund...........................$351,000
Family Benefits Program............................$84,000
Statewide Professional Development Committee......$168,000
Employee Assistance Program........................$12,000
  Special Revenue Funds - Other
  State University Income Fund - 345
Personal Service................................$2,695,000
  Miscellaneous Special Revenue Fund - 339
Personal Service...................................$28,000
  S  17.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 2, 2009.