LBD15587-02-4
S. 7845 2
(2) the amount of the increment for each grade shall equal one-seventh
of the difference (rounded up to the nearest dollar) between the maximum
rate for such grade, as increased by paragraph (1) of this subdivision,
and 102 percent of the hiring rate for such grade on the April, 2010
salary schedule (rounded up to the nearest dollar);
(3) the hiring, first, second, third, fourth, fifth and sixth year
rates of compensation for each grade shall equal the maximum rate for
such grade, as increased by paragraph (1) of this subdivision, minus 7,
6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as
increased by paragraph (2) of this subdivision, respectively;
(4) the longevity rate for each grade shall equal the maximum rate for
such grade, as increased by paragraph (1) of this subdivision, plus the
amount of the increment for such grade; and
(5) the extra-longevity rate for each grade shall equal the longevity
rate for such grade, as increased by paragraph (4) of this subdivision,
plus the amount of the increment for such grade.
(b) Effective April 1, 2015, each of the rates of pay established by
the October, 2014 salary schedule shall be increased as follows:
(1) the maximum rate for each grade shall be increased by an amount
equal to 2 percent thereof (and then rounded up to the nearest dollar);
(2) the amount of the increment for each grade shall equal one-seventh
of the difference (rounded up to the nearest dollar) between the maximum
rate for such grade, as increased by paragraph (1) of this subdivision,
and 102 percent of the hiring rate for such grade on the October, 2014
salary schedule (rounded up to the nearest dollar);
(3) the hiring, first, second, third, fourth, fifth and sixth year
rates of compensation for each grade shall equal the maximum rate for
such grade, as increased by paragraph (1) of this subdivision, minus 7,
6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as
increased by paragraph (2) of this subdivision, respectively;
(4) the longevity rate for each grade shall equal the maximum rate for
such grade, as increased by paragraph (1) of this subdivision, plus the
amount of the increment for such grade; and
(5) the extra-longevity rate for each grade shall equal the longevity
rate for such grade, as increased by paragraph (4) of this subdivision,
plus the amount of the increment for such grade.
(c) Effective April 1, 2016, each of the rates of pay established by
the April, 2015 salary schedule, excluding the longevity and extra-lon-
gevity rates for each grade on such schedule, shall be increased as
follows:
(1) the maximum rate for each grade shall be increased by an amount
equal to 2 percent thereof (and then rounded up to the nearest dollar);
(2) the amount of the increment for each grade shall equal one-seventh
of the difference (rounded up to the nearest dollar) between the maximum
rate for such grade, as increased by paragraph (1) of this subdivision,
and 102 percent of the hiring rate for such grade on the April, 2015
salary schedule (rounded up to the nearest dollar); and
(3) the hiring, first, second, third, fourth, fifth and sixth year
rates of compensation for each grade shall equal the maximum rate for
such grade, as increased by paragraph (1) of this subdivision, minus 7,
6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as
increased by paragraph (2) of this subdivision, respectively;
Also effective on such date, there shall be no longevity and extra-lon-
gevity rates for each grade.
S 3. Increases in compensation for persons in allocated positions.
S. 7845 3
(a) Each nonjudicial officer and employee of the unified court system,
in a position allocated to a salary grade in the unified court system's
classification structure that is not in any collective negotiating unit
established pursuant to article 14 of the civil service law or that is
in the state judiciary unit, or in any other collective negotiating unit
of nonjudicial officers and employees of the unified court system where,
pursuant to section seven of this act, the chief administrator of the
courts has delivered to the comptroller a certificate that an employee
organization representing nonjudicial officers and employees in such
unit has negotiated a collective bargaining agreement with the unified
court system that is in effect, shall receive increased compensation in
accordance with this section. Longevity payments, bonuses and increases
to basic annual salary, as provided in this section, shall be prorated
for any nonjudicial officer or employee whose position is part-time, or
who otherwise works part-time, and who is eligible, under the rules of
the chief judge of the state or an agreement between the state and an
employee organization pursuant to the provisions of article fourteen of
the civil service law, to accrue annual and sick leave credits. Longev-
ity payments and bonuses as provided in this section shall be in addi-
tion to and shall not be a part of an employee's basic annual salary;
provided, however, they shall be included as compensation for retirement
purposes. For purposes of this section:
(i) no nonjudicial officer or employee shall receive a full or partial
increment or longevity payment or bonus hereunder unless he or she shall
have received other than an unsatisfactory performance rating for his or
her services during the year immediately preceding pursuant to a
performance evaluation system set forth by the chief administrator or in
an agreement specified in section one of this act, nor shall any nonju-
dicial officer or employee receive a bonus provided in this section
where he or she, as of the date on which this act becomes a law, already
has received that bonus pursuant to law other than a provision of this
act;
(ii) any full or partial increment received by a nonjudicial officer
or employee effective April 1, 2011, April 1, 2012, April 1, 2013 or
April 1, 2014, pursuant to law other than a provision of this act, shall
not be considered when determining:
(A) a nonjudicial officer or employee's basic annual salary on a spec-
ified date; and
(B) whether a nonjudicial officer or employee is eligible to receive a
full or partial increment of the grade of his or her position on any of
such dates pursuant to a provision of this act;
(iii) service in the employ of the unified court system shall mean
service as a nonjudicial officer or employee in one or more courts or
agencies of the unified court system. In order for a nonjudicial officer
or employee's years of service in the employ of the unified court system
to be "continuous," he or she must have served the equivalent of 120
workdays in each of those years; and the number of years required to
qualify for a longevity payment or bonus hereunder must be served
consecutively except that they may be interrupted by one or more breaks
of not more than 1 year each, attributable to a period of time between
any separation from his or her position in the employ of the unified
court system and resumption of service in such employ.
(b) Effective April 1, 2011:
(1) Each such nonjudicial officer and employee who is eligible to
receive a full or partial increment of the grade of his or her position
in accordance with provisions of the judiciary law shall receive such
S. 7845 4
full or partial increment, to be determined in accordance with the
April, 2010 salary schedule.
(2) Each such nonjudicial officer and employee in the employ of the
unified court system having at least 20 years of continuous service in
the employ of the unified court system as of the preceding March 31
shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less
than 25 years of such service as of such date; or (ii) 2,000 dollars, if
he or she has at least 25 but less than 30 years of such service as of
such date; or (iii) 2,100 dollars, if he or she has at least 30 years of
such service as of such date.
(c) Effective April 1, 2012:
(1) Each such nonjudicial officer and employee who is eligible to
receive a full or partial increment of the grade of his or her position
in accordance with provisions of the judiciary law shall receive such
full or partial increment, to be determined in accordance with the
April, 2010 salary schedule.
(2) Each such nonjudicial officer and employee in the employ of the
unified court system having at least 20 years of continuous service in
the employ of the unified court system as of the preceding March 31
shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less
than 25 years of such service as of such date; or (ii) 2,000 dollars, if
he or she has at least 25 but less than 30 years of such service as of
such date; or (iii) 2,100 dollars, if he or she has at least 30 years of
such service as of such date.
(d) Effective April 1, 2013:
(1) Each such nonjudicial officer and employee who is eligible to
receive a full or partial increment of the grade of his or her position
in accordance with provisions of the judiciary law shall receive such
full or partial increment, to be determined in accordance with the
April, 2010 salary schedule.
(2) Each such nonjudicial officer and employee in the employ of the
unified court system having at least 20 years of continuous service in
the employ of the unified court system as of the preceding March 31
shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less
than 25 years of such service as of such date; or (ii) 2,000 dollars, if
he or she has at least 25 but less than 30 years of such service as of
such date; or (iii) 2,100 dollars, if he or she has at least 30 years of
such service as of such date.
(e) Effective April 1, 2014:
(1) Each such nonjudicial officer and employee who is eligible to
receive a full or partial increment of the grade of his or her position
in accordance with provisions of the judiciary law shall receive such
full or partial increment, to be determined in accordance with the
April, 2010 salary schedule.
(2) Each such nonjudicial officer and employee in the employ of the
unified court system having at least 20 years of continuous service in
the employ of the unified court system as of the preceding March 31
shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less
than 25 years of such service as of such date; or (ii) 2,000 dollars, if
he or she has at least 25 but less than 30 years of such service as of
such date; or (iii) 2,100 dollars, if he or she has at least 30 years of
such service as of such date.
(f) Effective October 1, 2014, each such nonjudicial officer and
employee shall be placed in his or her grade on the October, 2014 salary
schedule in the manner provided as follows:
S. 7845 5
(1) If his or her basic annual salary under the April, 2010 salary
schedule is identical with the hiring, first year, second year, third
year, fourth year, fifth year, sixth year, maximum, longevity or extra-
longevity rate of compensation of the grade of his or her position, that
basic annual salary shall be increased to the corresponding rate of
compensation in such grade as established by the October, 2014 salary
schedule; or
(2) If his or her basic annual salary under the April, 2010 salary
schedule is not identical with the hiring, first year, second year,
third year, fourth year, fifth year, sixth year, maximum, longevity or
extra-longevity rate of compensation of the grade of his or her posi-
tion, that basic annual salary shall be increased by an amount equaling
2 percent thereof (and then rounded up to the nearest dollar).
(g) Effective April 1, 2015:
(1) Each such nonjudicial officer and employee who is eligible to
receive a full or partial increment of the grade of his or her position
in accordance with provisions of the judiciary law shall receive such
full or partial increment, to be determined in accordance with the Octo-
ber, 2014 salary schedule.
(2) Each such nonjudicial officer and employee shall be placed in his
or her grade on the April, 2015 salary schedule in the manner provided
as follows:
(i) If his or her basic annual salary under the October, 2014 salary
schedule, including any increase pursuant to paragraph (1) of this
subdivision, is identical with the hiring, first year, second year,
third year, fourth year, fifth year, sixth year, maximum, longevity or
extra-longevity rate of compensation of the grade of his or her posi-
tion, that basic annual salary shall be increased to the corresponding
rate of compensation in such grade as established by the April, 2015
salary schedule; or
(ii) If his or her basic annual salary under the October, 2014 salary
schedule, including any increase pursuant to paragraph (1) of this
subdivision, is not identical with the hiring, first year, second year,
third year, fourth year, fifth year, sixth year, maximum, longevity or
extra-longevity rate of compensation of the grade of his or her posi-
tion, that basic annual salary shall be increased by an amount equaling
2 percent thereof (and then rounded up to the nearest dollar).
(3) Each such nonjudicial officer and employee in the employ of the
unified court system having at least 20 years of continuous service in
the employ of the unified court system as of the preceding March 31
shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less
than 25 years of such service as of such date; or (ii) 2,000 dollars, if
he or she has at least 25 but less than 30 years of such service as of
such date; or (iii) 2,100 dollars, if he or she has at least 30 years of
such service as of such date.
(h) Effective April 1, 2016:
(1) Each such nonjudicial officer and employee who is eligible to
receive a full or partial increment of the grade of his or her position
in accordance with provisions of the judiciary law shall receive such
full or partial increment, to be determined in accordance with the
April, 2015 salary schedule.
(2) Each such nonjudicial officer and employee shall be placed in his
or her grade on the April, 2016 salary schedule in the manner provided
as follows:
(i) If his or her basic annual salary under the April, 2015 salary
schedule, including any increase pursuant to paragraph (1) of this
S. 7845 6
subdivision, is identical with the hiring, first year, second year,
third year, fourth year, fifth year, sixth year or maximum rate of
compensation of the grade of his or her position, that basic annual
salary shall be increased to the corresponding rate of compensation in
such grade as established by the April, 2016 salary schedule; or
(ii) If his or her basic annual salary under the April, 2015 salary
schedule, including any increase pursuant to paragraph (1) of this
subdivision, is not identical with the hiring, first year, second year,
third year, fourth year, fifth year, sixth year or maximum rate of
compensation of the grade of his or her position, that basic annual
salary shall be increased by an amount equaling 2 percent thereof (and
then rounded up to the nearest dollar).
(i) Effective April 1, 2016 and each April 1 thereafter, each such
nonjudicial officer and employee in the employ of the unified court
system who has completed at least 4 years of continuous service at a
basic annual salary rate equal to or higher than the maximum rate of the
employee's salary grade as of the preceding March 31 shall receive an
annual longevity payment equaling: (i) 2,250 dollars, if he or she has
completed less than 8 years of such service as of such date; or (ii)
4,600 dollars, if he or she has completed at least 8 but less than 13
years of such service as of such date; or (iii) 6,900 dollars, if he or
she has completed at least 13 years of such service as of such date.
(j) Effective March 31, 2017, each such nonjudicial officer and
employee in the employ of the unified court system shall receive a one-
time lump sum payment of 750 dollars, which shall not be added to his or
her basic annual salary but shall be included as compensation for
retirement purposes.
S 4. Increases in compensation for persons in unallocated positions.
(a) Each nonjudicial officer or employee of the unified court system
to whom the provisions of section three of this act would apply but for
the fact that he or she holds a position that is not allocated to a
salary grade in the unified court system's classification structure
shall receive increased compensation in accordance with this section.
Bonuses and increases to basic annual salary, as provided in this
section, shall be prorated for any nonjudicial officer or employee whose
position is part-time, or who otherwise works part-time, and who is
eligible, under rules of the chief judge of the state or an agreement
between the state and an employee organization pursuant to the
provisions of article 14 of the civil service law to accrue annual and
sick leave credits. Bonuses as provided in this section shall be in
addition to and shall not be a part of an employee's basic annual sala-
ry; provided, however, they shall be included as compensation for
retirement purposes. For purposes of this section:
(1) no nonjudicial officer or employee shall receive a bonus hereunder
unless he or she shall have received other than an unsatisfactory
performance rating for his or her services during the year immediately
preceding pursuant to a performance evaluation system set forth by the
chief administrator of the courts or in an agreement specified in
section one of this act, nor shall any nonjudicial officer or employee
receive a bonus provided in this section where he or she, as of the date
on which this act becomes a law, already has received that bonus pursu-
ant to law other than a provision of this act; and
(2) service in the employ of the unified court system shall mean
service as a nonjudicial officer or employee in one or more courts or
agencies of the unified court system. In order for a nonjudicial officer
or employee's years of service in the employ of the unified court system
S. 7845 7
to be "continuous," he or she must have served the equivalent of 120
workdays in each of those years; and the number of years required to
qualify for a bonus hereunder must be served consecutively except that
they may be interrupted by one or more breaks of not more than 1 year
each, attributable to a period of time between any separation from his
or her position in the employ of the unified court system and resumption
of service in such employ.
(b) Effective April 1, 2011, each such nonjudicial officer and employ-
ee in the employ of the unified court system having at least 20 years of
continuous service in the employ of the unified court system as of the
preceding March 31 shall receive a bonus equaling: (i) 1,900 dollars, if
he or she has less than 25 years of such service as of such date; or
(ii) 2,000 dollars, if he or she has at least 25 but less than 30 years
of such service as of such date; or (iii) 2,100 dollars, if he or she
has at least 30 years of such service as of such date.
(c) Effective April 1, 2012, each such nonjudicial officer and employ-
ee in the employ of the unified court system having at least 20 years of
continuous service in the employ of the unified court system as of the
preceding March 31 shall receive a bonus equaling: (i) 1,900 dollars, if
he or she has less than 25 years of such service as of such date; or
(ii) 2,000 dollars, if he or she has at least 25 but less than 30 years
of such service as of such date; or (iii) 2,100 dollars, if he or she
has at least 30 years of such service as of such date.
(d) Effective April 1, 2013, each such nonjudicial officer and employ-
ee in the employ of the unified court system having at least 20 years of
continuous service in the employ of the unified court system as of the
preceding March 31 shall receive a bonus equaling: (i) 1,900 dollars, if
he or she has less than 25 years of such service as of such date; or
(ii) 2,000 dollars, if he or she has at least 25 but less than 30 years
of such service as of such date; or (iii) 2,100 dollars, if he or she
has at least 30 years of such service as of such date.
(e) Effective April 1, 2014, each such nonjudicial officer and employ-
ee in the employ of the unified court system having at least 20 years of
continuous service in the employ of the unified court system as of the
preceding March 31 shall receive a bonus equaling: (i) 1,900 dollars, if
he or she has less than 25 years of such service as of such date; or
(ii) 2,000 dollars, if he or she has at least 25 but less than 30 years
of such service as of such date; or (iii) 2,100 dollars, if he or she
has at least 30 years of such service as of such date.
(f) Effective October 1, 2014, the basic annual salary of each such
nonjudicial officer and employee shall be increased by an amount equal
to 2 percent thereof (and then rounded up to the nearest dollar).
(g) Effective April 1, 2015:
(1) The basic annual salary of each such nonjudicial officer and
employee shall be increased by an amount equal to 2 percent thereof (and
then rounded up to the nearest dollar).
(2) Each such nonjudicial officer and employee in the employ of the
unified court system having at least 20 years of continuous service in
the employ of the unified court system as of the preceding March 31
shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less
than 25 years of such service as of such date; or (ii) 2,000 dollars, if
he or she has at least 25 but less than 30 years of such service as of
such date; or (iii) 2,100 dollars, if he or she has at least 30 years of
such service as of such date.
S. 7845 8
(h) Effective April 1, 2016, the basic annual salary of each such
nonjudicial officer and employee shall be increased by an amount equal
to 2 percent thereof (and then rounded up to the nearest dollar).
(i) Effective March 31, 2017, each such nonjudicial officer and
employee in the employ of the unified court system shall receive a one-
time lump sum payment of 750 dollars, which shall not be added to his or
her basic annual salary but shall be included as compensation for
retirement purposes.
S 5. Location pay. (a) Notwithstanding any other provision of law:
(1) Effective during the fiscal year commencing April 1, 2011 and
during each fiscal year commencing each April 1 thereafter, any nonjudi-
cial officer or employee to whom the provisions of section three or four
of this act apply and whose principal place of employment is in the city
of New York or Nassau, Suffolk, Rockland or Westchester county shall
receive location pay at a rate of 3,697 dollars annually;
(2) Effective during the fiscal year commencing April 1, 2011 and
during each fiscal year commencing each April 1 thereafter, any nonjudi-
cial officer or employee to whom the provisions of section three or four
of this act apply and whose principal place of employment is in Dutch-
ess, Putnam or Orange county shall receive location pay at a rate of
1,848 dollars annually; and
(3) Effective during the fiscal year commencing April 1, 2011 and
during each fiscal year commencing each April 1 thereafter, any nonjudi-
cial officer or employee to whom the provisions of section three or four
of this act apply and whose principal place of employment is in Monroe
county and who, on March 31, 1985, was receiving annual location pay
shall continue to receive location pay, at a rate of 200 dollars annual-
ly.
(b) The location pay provided in this section shall be in lieu of any
other location pay provided by law; except that, where a nonjudicial
officer or employee eligible to receive location pay pursuant to the
provisions of this section has received location pay during a fiscal
year commencing on or after April 1, 2011, pursuant to law other than a
provision of this act, the amount of location pay authorized by this
section shall be reduced by the amount of the location pay that was
received.
(c) Except as provided in subdivision (a) of this section, no nonjudi-
cial officer or employee to whom the provisions of section three or four
of this act apply shall receive location pay. Any location pay author-
ized hereunder shall be in addition to and shall not be a part of an
employee's basic annual salary and shall not impair rights or benefits
to which an employee may be entitled by law; provided, however, that
location pay shall be included as compensation for purposes of computa-
tion of overtime pay and for retirement purposes. Location pay, as
provided in this section, shall be prorated for any nonjudicial officer
or employee to whom the provisions of section three or four of this act
apply and whose position is part-time, but not compensated on a per diem
or hourly basis.
S 6. Contingent pay withholding. (a) This section shall apply only in
the fiscal years commencing April 1, 2015 and April 1, 2016.
(b) In the event that all of the itemized estimates of the annual
financial needs of the unified court system for a fiscal year to which
this section applies, as transmitted to the governor in accordance with
section 1 of article 7 of the constitution, do not become law, the chief
administrator of the courts may direct that, notwithstanding subdivision
1 of section 200 of the state finance law or any other provision of law
S. 7845 9
to the contrary, in each of the last four bi-weekly payroll periods
commencing during such fiscal year up to one-half day's salary or wages
shall be withheld from each nonjudicial officer and employee to whom the
provisions of section three or four of this act apply. Where the chief
administrator directs that salary or wages be withheld hereunder, each
portion of a day's salary or wages so withheld from a nonjudicial offi-
cer or employee shall thereafter be paid to him or her when he or she
leaves service in the employ of the unified court system, as defined in
paragraph (iii) of subdivision (a) of section three of this act, at
rates then in effect.
(c) Any direction by the chief administrator pursuant to subdivision
(b) of this section that salary or wages be withheld must be reported to
the comptroller not later than January 15 of the fiscal year in which
such withholding will occur, with prior notice to the employee organiza-
tion that represents affected nonjudicial officers and employees.
S 7. Application of this act to nonjudicial officers and employees of
the unified court system in other negotiating units. In the event that,
on or after the date on which this section shall become law, a collec-
tive bargaining agreement is negotiated by the unified court system
pursuant to article fourteen of the civil service law with an employee
organization representing nonjudicial officers and employees of the
unified court system in a negotiating unit other than the state negoti-
ating unit, the chief administrator of the courts, with the agreement of
such employee organization, shall deliver to the comptroller a certif-
icate that such collective bargaining agreement is in effect where the
provisions of sections three, four, five and six of this act are
provided for therein.
S 8. Collective bargaining agreement required. The provisions of
sections three, four, five and six of this act shall not be implemented
for nonjudicial officers and employees in a collective negotiating unit
established pursuant to article fourteen of the civil service law until
the chief administrator of the courts shall deliver to the comptroller a
certificate that there is in effect with respect to such negotiating
unit a written collective bargaining agreement with the state pursuant
to article fourteen of the civil service law which provides therefor;
and any increase in compensation, including increases in basic annual
salary, increments or partial increments, bonuses, lump sum payments, or
longevity payments, provided by sections three, four and five of this
act or otherwise authorized by law:
(a) may be withheld in whole or in part from any nonjudicial officer
or employee not in a collective negotiating unit when in the opinion of
the chief administrator, such increase is not warranted or is not appro-
priate; and
(b) shall not preclude any other increases in compensation for such a
nonjudicial officer or employee as may be authorized by law.
S 9. Date of entitlement to salary increase. Notwithstanding the
provisions of this act or any other law, each increase in salary or
compensation for nonjudicial officers or employees provided by this act
shall be added to the salary or compensation of such officer or employee
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;
provided, however, for the purposes of determining the salary of such
officer or employee upon reclassification, reallocation, appointment,
promotion, transfer, demotion, reinstatement or other change of status,
such salary increase shall be deemed to be effective on the date thereof
as prescribed in this act, and the payment thereof pursuant to this
S. 7845 10
section on the date prior thereto instead of on such effective date,
shall not operate to confer any additional salary rights or benefits on
such officer or employee.
S 10. Deferred payment of salary increase. Notwithstanding the
provisions of this act or any other law, commencing April 1, 2011, and
pending payment pursuant to this act of the basic annual salaries of
incumbents of positions subject to this act commencing April 1, 2011,
such incumbents shall receive, as partial compensation for services
rendered, the rate of compensation otherwise payable in their respective
positions pursuant to law then in effect. An incumbent holding a posi-
tion subject to this act at any time during the period from April 1,
2011 until the time when basic annual salaries are first paid pursuant
to this act for such service 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 service and the compensation actually received therefor. Such lump
sum payment shall be made as soon as practicable.
S 11. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011.
