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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jul 21, 2016 |
signed chap.234 |
| Jul 13, 2016 |
delivered to governor |
| Jun 16, 2016 |
returned to senate passed assembly ordered to third reading rules cal.476 substituted for a10682 |
| Jun 15, 2016 |
referred to ways and means delivered to assembly passed senate ordered to third reading cal.1804 |
| Jun 12, 2016 |
referred to rules |
Senate Bill S8092
Signed By Governor2015-2016 Legislative Session
Relates to compensation and benefits of certain members of the state police; appropriation; repealers
download bill text pdfSponsored By
(R, C) 60th Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Jun 15, 2016
aye (62)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kaminsky
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Persaud
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
excused (1)
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Jun 15, 2016 - Rules Committee Vote
S809224Aye0Nay1Aye with Reservations0Absent0Excused0Abstained-
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Rules Committee Vote: Jun 15, 2016
aye (24)aye wr (1)
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2015-S8092 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10682
- Law Section:
- Executive Law
- Laws Affected:
- Rpld & add §216 sub 2 ¶a & §216-c sub 2, Exec L; rpld & add §207-b sub 2 ¶b, St Fin L
2015-S8092 (ACTIVE) - Summary
Relates to the terms and conditions of employment for members of the collective negotiating unit consisting of investigators, senior investigators, and investigative specialists in the division of state police; implements an agreement covering such members of such unit; amends salary schedules for such members of such unit; relates to the employee benefit fund for members of such unit
2015-S8092 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8092
TITLE OF BILL :
An act to amend the executive law, in relation to terms and conditions
of employment for members of the collective negotiating unit
consisting of investigators, senior investigators, and investigative
specialists in the division of state police; to amend the state
finance law, in relation to terms and conditions of employment for
members of the collective negotiating unit consisting of
investigators, senior investigators, and investigative specialists in
the division of state police; to amend the executive law, in relation
to salary schedules for such members of such unit; in relation to
implementing an agreement covering such members of such unit and in
relation to the employee benefit fund for members of such unit; making
an appropriation therefor; and to repeal certain provisions of such
laws relating thereto
PURPOSE :
This bill would implement the provisions of a collective bargaining
agreement between the Executive Branch of the State of New York and
the employee organization which represents members of the collective
negotiating unit consisting of investigators, senior investigators and
investigative specialists in the Division of State Police (hereinafter
"members of the BCI unit").
SUMMARY OF PROVISIONS : Section 1 of this bill would repeal Exec. Law § 216(2)(a) and replace it with a new salary schedule for members of the BCI unit. The new salary schedules include a 2 percent increase, effective April 1, 2014; a 2 percent increase, effective April 1, 2015; a 1.5 percent increase, effective April 1, 2016; and a 1.5 percent increase effective April 1, 2017. Section 2 of the bill would repeal State Fin. Law § 207-b(2)(b) and replace it with a new paragraph that continues payments to the Employee Benefit Fund for members of the BCI unit. Section 3 of the bill would repeal Exec. Law § 216-c(2) and replace it with a new subdivision that continues holiday payments, increasing such payments by the same percentage increases as the basic annual salaries in section 1 of this bill. Section 4 of the bill would continue the committee on health benefits and fund such committee as follows: $5,100 for the period April 1, 2014 to March 31, 2015; $5,202 for the period April 1, 2015 to March 31, 2016; $5,280 for the period April 1, 2016 to March 31, 2017; and $5,359 for the period April 1, 2017 to March 31, 2018. Section 5 of the bill would provide an increase in the maintenance allowance for members of the BCI unit, increasing such allowance by the same percentage increases as the basic annual salaries in section 1 of this bill. The amounts are as follows: $3,225 for the period April 1, 2014 to March 31, 2015; $3,290 for the period April 1, 2015 to March 31, 2016; $3,339 for the period April 1, 2016 to March 31, 2017; and $3,389 for the period April 1, 2017 to March 31, 2018. Section 6 of the bill would continue expertise pay for members of the BCI unit in the amount of $1,200 during the period April 1, 2010 through March 31, 2014. Effective April 1, 2014, the annual payment will increase to $2,450. Pursuant to the collective bargaining agreement, the entire increase of $1,250 covering April 1, 2011 to March 31, 2014 is only payable on a prospective basis commencing with the scheduled December 2014 payment. There will be no retroactive payment of the increases to this payment for the period April 1, 2011 to March 31, 2014 under any circumstances. Section 7 of the bill would continue funding the professional development and quality of working life committee as follows: $83,538 for the period April 1, 2014 to March 31, 2015; $85,209 for the period April 1, 2015 to March 31, 2016; $86,487 for the period April 1, 2016 to March 31, 2017; $87,784 for the period April 1, 2017 to March 31, 2018 to support the tuition reimbursement program, the master's program, and the employee assistance program will be supported. Section 8 of the bill would continue the payment of expanded duty pay in the amount of $7,452 during the period April 1, 2010 through March 31, 2014 for members of the BCI unit. Effective April 1, 2014, the annual payment will increase to $8,702. Pursuant to the collective bargaining agreement, the entire increase of $1,250 covering April 1, 2011 to March 31, 2014 is only payable on a prospective basis commencing April 1, 2014. There will be no retroactive payment of the increases to this payment for the period April 1, 2011 to March 31, 2014 under any circumstances. Section 9 of the bill would continue supervisory responsibility pay in accordance with the terms of both an interest arbitration award dated February 4, 2005, issued pursuant to Civ. Serv. Law § 209(4), and the recently negotiated agreement for members of the BCI unit designated as "Unit Coordinators", "Acting Senior Investigators" or "Acting Administrative Senior Investigators." Section 10 of the bill would continue the location pay benefit of $200 for members of the BCI unit whose official workstation is Monroe County and the location pay benefit provided to members whose official workstation is in New York City, or in the counties of Rockland, Westchester, Nassau or Suffolk at the April 1, 2010 rate. Section 11 of the bill would continue the supplemental location pay benefit at the April 1, 2010 rate. Section 12 of the bill would continue lump sum payments for unused sick leave at retirement. Effective April 1, 1998, unused sick days will be cashed out according to the following formula: the number of accumulated and unused sick days, not to exceed 300, will be reduced by 165 with the result being multiplied by the member's daily rate of pay. The lump sum payable will be equal to one-fifth of such amount. Section 13 of the bill would continue the committee to study and assess physical fitness standards for members of the BCI unit and transfer certain funds appropriated for the physical fitness program to an employee benefit fund. Effective April 1, 2018, the Division of State Police and the employee organization representing such unit may agree to expend the funds appropriated on an annual basis for the physical fitness program for a mutually agreeable alternate purpose. Section 14 of the bill would continue a payment to members of the BCI unit who possess or obtain a recognized degree. Such members will continue to receive a lump sum payment of $250 for an Associate's Degree, $500 for a Bachelor's Degree, and $750 for a graduate degree. Section 15 would implement a payment of thirty dollars ($30) for members of the BCI unit who are required to work short swings defined as when there are eight (8) hours or less between the scheduled end time of a member's tour of duty and the start time of the next scheduled tour of duty. Section 16 would implement revised recall overtime provisions for members of the unit consistent with the terms of the collective bargaining agreement. Section 17 of the bill would provide that appropriations contained therein will be available to the state for the payment and publication of grievance arbitration settlements and awards. Section 18 of the bill provides that the compensation and benefit modifications provided by this bill will not be implemented until the Director of Employee Relations delivers a letter certifying that there is a collective bargaining agreement in effect with respect to such collective negotiating unit to the Director of the Budget and the State Comptroller. The collective bargaining agreement must provide for such modifications and be fully executed in writing pursuant to article 14 of the civil service law, and ratified pursuant to the ratification procedure of the employee organization certified pursuant to article 14 of the civil service law to represent such collective negotiating unit. Section 19 would provide the date on which members of the BCI unit would be entitled to the salary increases provided by this bill. Section 20 of the bill would provide that until payment is made pursuant to this bill, members of the BCI unit will receive payment otherwise payable in their respective positions. When basic annual salaries are first paid pursuant to this bill, such members will be entitled to a lump sum payment for the difference between the salaries to which they were entitled since April 1, 2011 and the compensation actually received. Section 21 of the bill would authorize the State Comptroller to pay any amounts required by the bill. To the extent that existing appropriations available to any state department or agency are insufficient to accomplish the purposes set forth in this section, the Director of the Budget would be authorized to allocate to the various departments and agencies the amounts necessary to make such payments. Section 22 of the bill would appropriate monies to pay for personal services, other than personal services, and fringe benefits, and to carry out the provisions of this act. Section 23 of the bill make the bill effective immediately, provided that the Director of Employee Relations certifies that there is in effect with respect to the negotiating unit consisting of investigators, senior investigators, and investigative specialists in the division of state police a collective bargaining agreement which provides for the compensation and benefit modifications in this act, and would be deemed to have been in full force and effect on and after April 1, 2011. STATEMENT IN SUPPORT : Enactment of this bill is necessary to implement the terms of a collective bargaining agreement negotiated between the Executive Branch of the State of New York and the employee organization representing members of the BCI unit. BUDGET IMPLICATIONS : This bill would provide appropriations totaling approximately $29 million to pay for the cost of the agreement during the period April 1, 2011 to March 31, 2017. EFFECTIVE DATE : This bill would take effect immediately and would be deemed to have been in full force and effect on and after April 1, 2011, provided that the Director of Employee Relations certifies that there is a collective bargaining agreement in effect with respect to the negotiating unit consisting of investigators, senior investigators, and investigative specialists in the division of state police, which provides for the compensation and benefit modifications in this bill.
2015-S8092 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8092
I N S E N A T E
June 12, 2016
___________
Introduced by Sen. GALLIVAN -- (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 executive law, in relation to terms and conditions
of employment for members of the collective negotiating unit consist-
ing of investigators, senior investigators, and investigative special-
ists in the division of state police; to amend the state finance law,
in relation to terms and conditions of employment for members of the
collective negotiating unit consisting of investigators, senior inves-
tigators, and investigative specialists in the division of state
police; to amend the executive law, in relation to salary schedules
for such members of such unit; in relation to implementing an agree-
ment covering such members of such unit and in relation to the employ-
ee benefit fund for members of such unit; making an appropriation
therefor; and to repeal certain provisions of such laws relating ther-
eto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph a of subdivision 2 of section 216 of the execu-
tive law is REPEALED and a new paragraph a is added to read as follows:
A. SALARY SCHEDULES FOR INVESTIGATORS, SENIOR INVESTIGATORS, AND
INVESTIGATIVE SPECIALISTS IN THE DIVISION OF STATE POLICE.
(1) EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN, MEMBERS ASSIGNED TO
THE BUREAU OF CRIMINAL INVESTIGATION AND INVESTIGATIVE SPECIALISTS
APPOINTED TO THE BUREAU BY THE SUPERINTENDENT, SHALL RECEIVE A BASIC
ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE:
SENIOR
INVESTIGATOR INVESTIGATOR
NASSAU AND SUFFOLK $108,280 $97,796
NEW YORK CITY, ROCKLAND,
WESTCHESTER $107,996 $97,511
ORANGE, PUTNAM, DUTCHESS $106,909 $96,425
ALL OTHER LOCATIONS $106,707 $96,222
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12071-01-6
S. 8092 2
(2) EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN, MEMBERS ASSIGNED TO
THE BUREAU OF CRIMINAL INVESTIGATION AND INVESTIGATIVE SPECIALISTS
APPOINTED TO THE BUREAU BY THE SUPERINTENDENT, SHALL RECEIVE A BASIC
ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE:
SENIOR
INVESTIGATOR INVESTIGATOR
NASSAU AND SUFFOLK $110,446 $99,752
NEW YORK CITY, ROCKLAND,
WESTCHESTER $110,156 $99,461
ORANGE, PUTNAM, DUTCHESS $109,047 $98,354
ALL OTHER LOCATIONS $108,841 $98,146
(3) EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN, MEMBERS ASSIGNED TO
THE BUREAU OF CRIMINAL INVESTIGATION AND INVESTIGATIVE SPECIALISTS
APPOINTED TO THE BUREAU BY THE SUPERINTENDENT, SHALL RECEIVE A BASIC
ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE:
SENIOR
INVESTIGATOR INVESTIGATOR
NASSAU AND SUFFOLK $112,103 $101,248
NEW YORK CITY, ROCKLAND,
WESTCHESTER $111,808 $100,953
ORANGE, PUTNAM, DUTCHESS $110,683 $99,829
ALL OTHER LOCATIONS $110,474 $99,618
(4) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN, MEMBERS ASSIGNED TO
THE BUREAU OF CRIMINAL INVESTIGATION AND INVESTIGATIVE SPECIALISTS
APPOINTED TO THE BUREAU BY THE SUPERINTENDENT, SHALL RECEIVE A BASIC
ANNUAL SALARY PURSUANT TO THE FOLLOWING SCHEDULE:
SENIOR
INVESTIGATOR INVESTIGATOR
NASSAU AND SUFFOLK $113,785 $102,767
NEW YORK CITY, ROCKLAND,
WESTCHESTER $113,485 $102,467
ORANGE, PUTNAM, DUTCHESS $112,343 $101,326
ALL OTHER LOCATIONS $112,131 $101,112
S 2. Paragraph b of subdivision 2 of section 207-b of the state
finance law is REPEALED and a new paragraph b is added to read as
follows:
B. PURSUANT TO THE TERMS OF AN AGREEMENT NEGOTIATED BETWEEN THE EXECU-
TIVE BRANCH OF THE STATE OF NEW YORK AND THE EMPLOYEE ORGANIZATION
REPRESENTING THE COLLECTIVE NEGOTIATING UNIT CONSISTING OF INVESTI-
GATORS, SENIOR INVESTIGATORS, AND INVESTIGATIVE SPECIALISTS IN THE DIVI-
SION OF STATE POLICE, AND UPON AUDIT AND WARRANT OF THE STATE COMP-
TROLLER, THE DIRECTOR SHALL PROVIDE FOR THE PAYMENT OF MONIES TO SUCH
EMPLOYEE ORGANIZATION FOR THE ESTABLISHMENT AND MAINTENANCE OF AN
EMPLOYEE BENEFIT FUND ESTABLISHED BY THE EMPLOYEE ORGANIZATION FOR THE
EMPLOYEES IN THE COLLECTIVE NEGOTIATING UNIT COVERED BY THE CONTROLLING
PROVISIONS OF SUCH AGREEMENT PROVIDING FOR SUCH EMPLOYEE BENEFIT FUND,
SUCH AMOUNT TO BE DETERMINED CONSISTENT WITH SAID AGREEMENT, INCLUDING
ANY AND ALL MONIES AGREED TO BE TRANSFERRED IN SAID AGREEMENT, AND ON
THE BASIS OF THE NUMBER OF FULL-TIME ANNUAL SALARIED EMPLOYEES, OTHER
THAN FULL-TIME SEASONAL EMPLOYEES, ON THE PAYROLL ON MARCH FIRST, TWO
THOUSAND ELEVEN, FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND
ELEVEN, AND ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND TWELVE, FOR
PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND TWELVE AND ON THE
PAYROLL ON MARCH FIRST, TWO THOUSAND THIRTEEN, FOR PAYMENTS TO BE MADE
ON APRIL FIRST, TWO THOUSAND THIRTEEN AND ON THE PAYROLL ON MARCH FIRST,
TWO THOUSAND FOURTEEN, FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOU-
S. 8092 3
SAND FOURTEEN AND ON THE PAYROLL ON MARCH FIRST, TWO THOUSAND FIFTEEN,
FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND FIFTEEN AND ON THE
PAYROLL ON MARCH FIRST, TWO THOUSAND SIXTEEN FOR PAYMENTS TO BE MADE ON
APRIL FIRST, TWO THOUSAND SIXTEEN AND ON THE PAYROLL ON MARCH FIRST, TWO
THOUSAND SEVENTEEN FOR PAYMENTS TO BE MADE ON APRIL FIRST, TWO THOUSAND
SEVENTEEN. 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 STATE COMPTROLLER SHALL ESTABLISH PROCEDURES TO ENSURE REPAY-
MENT FROM SAID SPECIAL OR ADMINISTRATIVE FUNDS. THE DIRECTOR SHALL ENTER
INTO AN AGREEMENT WITH AN EMPLOYEE ORGANIZATION, WHICH SETS FORTH THE
SPECIFIC TERMS AND CONDITIONS FOR THE TRANSMITTAL OF MONIES PURSUANT TO
THIS SECTION.
S 3. Subdivision 2 of section 216-c of the executive law is REPEALED
and a new subdivision 2 is added to read as follows:
2. IN ADDITION TO THE COMPENSATION PROVIDED IN SUBDIVISION ONE OF THIS
SECTION, MEMBERS OF THE COLLECTIVE NEGOTIATING UNIT CONSISTING OF INVES-
TIGATORS, SENIOR INVESTIGATORS AND INVESTIGATIVE SPECIALISTS IN THE
DIVISION OF STATE POLICE, ON THE PAYROLL ON NOVEMBER FIRST OF EACH YEAR,
SHALL CONTINUE TO RECEIVE HOLIDAY COMPENSATION, EFFECTIVE APRIL FIRST,
TWO THOUSAND TEN, IN THE AMOUNT OF FIFTEEN HUNDRED THIRTY-SIX DOLLARS.
EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN, SUCH AMOUNT SHALL BE
INCREASED TO FIFTEEN HUNDRED SIXTY-SEVEN DOLLARS. EFFECTIVE APRIL
FIRST, TWO THOUSAND FIFTEEN, SUCH AMOUNT SHALL BE INCREASED TO FIFTEEN
HUNDRED NINETY-EIGHT DOLLARS. EFFECTIVE APRIL FIRST, TWO THOUSAND
SIXTEEN, SUCH AMOUNT SHALL BE INCREASED TO SIXTEEN HUNDRED TWENTY-TWO
DOLLARS. EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN, SUCH AMOUNT
SHALL BE INCREASED TO SIXTEEN HUNDRED FORTY-SIX DOLLARS. SUCH PAYMENTS
SHALL BE IN ADDITION TO, AND SHALL NOT BE PART OF, THE MEMBER'S ANNUAL
BASIC SALARY, EXCEPT FOR THE PURPOSE OF RETIREMENT, AND SHALL BE MADE IN
A SEPARATE CHECK DURING THE PAYROLL PERIOD WHICH INCLUDES DECEMBER FIRST
EACH YEAR.
S 4. Health benefits committee. Pursuant to the terms of an agreement
negotiated between the executive branch of the state of New York and the
employee organization representing the collective negotiating unit
consisting of investigators, senior investigators, and investigative
specialists in the division of state police, during the period April 1,
2011 through March 31, 2018, there shall continue to be a committee on
health benefits funded in the following amounts: $5,100 for the period
April 1, 2014 to March 31, 2015; $5,202 for the period April 1, 2015 to
March 31, 2016; $5,280 for the period April 1, 2016 to March 31, 2017;
and $5,359 for the period April 1, 2017 to March 31, 2018. One-half of
this amount in each year shall be made available to the state and one-
half shall be made available to the employee organization representing
such unit.
S 5. Maintenance allowance. (a) Pursuant to the terms of an agreement
negotiated between the executive branch of the state of New York and the
employee organization representing the collective negotiating unit
consisting of investigators, senior investigators, and investigative
specialists in the division of state police, effective April 1, 2014,
each member of such unit shall receive three thousand two hundred twen-
ty-five dollars ($3,225) as a maintenance allowance. Effective April 1,
2015, such amount shall be increased to three thousand two hundred nine-
ty dollars ($3,290). Effective April 1, 2016, such amount shall be
increased to three thousand three hundred thirty-nine dollars ($3,339).
S. 8092 4
Effective April 1, 2017, such amount shall be increased to three thou-
sand three hundred eighty-nine dollars ($3,389).
(b) Such maintenance allowance shall be paid on an annualized basis in
regular bi-weekly paychecks. Such additional compensation, as provided
in this section, shall be in addition to, and shall not be part of, the
member's basic annual salary, and shall not affect or impair any rights
or benefits to which the member may be entitled; provided, however, that
such additional compensation shall be included as compensation for
purposes of computation of overtime pay and retirement.
S 6. Expertise pay. (a) Notwithstanding any other provision of law to
the contrary, pursuant to the terms of an agreement negotiated between
the executive branch of the state of New York and the employee organiza-
tion representing the collective negotiating unit consisting of investi-
gators, senior investigators, and investigative specialists in the divi-
sion of state police, during the period April 1, 2010 through March 31,
2014, members in such collective negotiating unit shall continue to
receive expertise pay in the amount of twelve hundred dollars ($1,200)
annually. Effective April 1, 2014, the annual payment for expertise pay
shall be two thousand four hundred fifty dollars ($2,450). There shall
be no retroactive payment of the increases to expertise pay for the
period April 1, 2011 to March 31, 2014 under any circumstances. Pursuant
to the agreement the entire increase of one thousand two hundred fifty
dollars ($1,250) covering the period April 1, 2011 to March 31, 2014 is
only payable on a prospective basis commencing with the scheduled Decem-
ber 2014 payment.
(b) Such expertise pay shall be payable to those unit members on the
payroll on November 1 of each year during the pay period that includes
December 1. Such additional compensation as provided in this section
shall be in addition to, and shall not be part of, the member's basic
annual salary, and shall not affect or impair any rights or benefits to
which the member may be entitled; provided, however, that such addi-
tional compensation shall be included as compensation for purposes of
computation of overtime pay and as compensation for retirement.
S 7. Professional development and training funds. Pursuant to the
terms of an agreement negotiated between the executive branch of the
state of New York and the employee organization representing the collec-
tive negotiating unit consisting of investigators, senior investigators,
and investigative specialists in the division of state police, during
the period April 1, 2011 through March 31, 2018, there shall continue to
be a professional development and quality of working life committee
funded in the following amounts: $83,538 for the period April 1, 2014 to
March 31, 2015; $85,209 for the period April 1, 2015 to March 31, 2016;
$86,487 for the period April 1, 2016 to March 31, 2017; $87,784 for the
period April 1, 2017 to March 31, 2018 from which the tuition reimburse-
ment program, the master's program, and the employee assistance program
shall be supported.
S 8. Expanded duty pay. (a) Pursuant to the terms of an agreement
negotiated between the executive branch of the state of New York and the
employee organization representing the collective negotiating unit
consisting of investigators, senior investigators, and investigative
specialists in the division of state police, during the period April 1,
2010 through March 31, 2014, the annual payment for expanded duty pay
shall continue to be seven thousand four hundred fifty-two dollars
($7,452). Such expanded duty pay is in recognition of such members
expanded duties, including those related to counterterrorism and other
post-September 11, 2001 initiatives, computer crimes, and law enforce-
S. 8092 5
ment activities involving gambling regulation. Effective April 1, 2014,
the annual payment for expanded duty pay shall be eight thousand seven
hundred two dollars ($8,702). There shall be no retroactive payment of
the increases to expanded duty pay for the period April 1, 2011 to March
31, 2014 under any circumstances. Pursuant to the agreement, the entire
increase of one thousand two hundred fifty dollars ($1,250) covering the
period April 1, 2011 to March 31, 2014 is only payable on a prospective
basis commencing April 1, 2014.
(b) Such expanded duty pay shall be annualized and paid during regular
bi-weekly periods. Such additional compensation as provided in this
section shall be in addition to, and shall not be part of, the member's
basic annual salary, and shall not affect or impair any rights or bene-
fits to which the member may be entitled; provided, however, that such
additional compensation shall be included as compensation for purposes
of computation of overtime pay and as compensation for retirement.
S 9. Supervisory responsibility pay. (a) Pursuant to the terms of an
agreement negotiated between the executive branch of the state of New
York and the employee organization representing the collective negotiat-
ing unit consisting of investigators, senior investigators, and investi-
gative specialists in the division of state police, effective March 31,
2005, certain members shall continue to receive additional compensation,
as prescribed in the interest arbitration award dated February 4, 2005
as modified by such agreement, when designated by the division of state
police to work as a "unit coordinator", "acting senior investigator", or
"acting administrative senior investigator".
(b) Such additional compensation as provided in this section shall be
in addition to, and shall not be part of, the member's basic annual
salary, and shall not affect or impair any rights or benefits to which
the member may be entitled; provided, however, that such additional
compensation shall be included as compensation for the purposes of
computation of overtime pay and retirement.
S 10. Location compensation. (a) Notwithstanding any other provision
of law to the contrary, members in the collective negotiating unit
consisting of investigators, senior investigators, and investigative
specialists in the division of state police whose principal place of
employment or, in the case of a field employee, whose official station,
as determined in accordance with the regulations of the state comp-
troller, is located in the county of Monroe, who were on the payroll on
March 31, 1985, and who have received this location compensation contin-
ually since then, shall continue to receive location pay at the rate of
$200 per year; provided that each such member continues to be otherwise
eligible.
(b) Pursuant to the terms of an agreement negotiated between the exec-
utive branch of the state of New York and the employee organization
representing the collective negotiating unit consisting of investi-
gators, senior investigators, and investigative specialists in the divi-
sion of state police, members of such unit whose principal place of
employment or, in the case of a field employee, whose official station,
as determined in accordance with the regulations of the state comp-
troller, is located in the city of New York or in the counties of Rock-
land, Westchester, Nassau, or Suffolk shall continue to receive location
pay effective April 1, 2010 in the amount of $1,536.
(c) Such location pay as provided in this section shall be annualized
and paid during the regular bi-weekly periods. Such compensation shall
be in addition to and shall not be part of the member's basic annual
salary and shall not affect or impair any rights or benefits to which
S. 8092 6
the member may be entitled; provided, however, that location pay shall
be included as compensation for the purposes of computation of overtime
pay and retirement.
S 11. Supplemental location pay. (a) Pursuant to the terms of an
agreement negotiated between the executive branch of the state of New
York and the employee organization representing the collective negotiat-
ing unit consisting of investigators, senior investigators, and investi-
gative specialists in the division of state police, members of such unit
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 continue to receive supplemental location pay,
in addition to the location pay provided in section ten of this act,
effective April 1, 2010 as follows:
Orange, Putnam or Dutchess County $1,280
Rockland or Westchester County
or city of New York $1,918
Nassau or Suffolk County $2,239
(b) Such supplemental location pay shall be annualized and paid during
the regular bi-weekly periods. Such compensation shall be in addition to
and shall not be part of the member's basic annual salary and shall not
affect or impair any rights or benefits to which the member may be enti-
tled; provided, however, that supplemental location pay shall be
included as compensation for the purposes of computation of overtime pay
and retirement.
S 12. Unused sick leave at retirement. Pursuant to the terms of an
agreement negotiated between the executive branch of the state of New
York and the employee organization representing the collective negotiat-
ing unit consisting of investigators, senior investigators, and investi-
gative specialists in the division of state police, members of such unit
shall continue to receive a lump sum cash payment for accumulated and
unused sick leave credits standing to the employee's credit at the time
of separation from service by retirement. The amount of such payment
shall be determined in the following manner:
(a) Effective April 1, 1998, the number of days of such accumulated
and unused sick leave, not to exceed 300 days, less 165 days, shall be
multiplied by the member's daily rate of pay in effect at the time of
separation from service by retirement.
(b) The lump sum payment shall be one-fifth of such amount provided
for in subdivision (a) of this section.
(c) Such additional compensation shall be in addition to and shall not
be part of the member's basic annual salary, and shall not affect or
impair any rights or benefits to which the member may be entitled;
provided, however, that such additional compensation shall be included
as compensation for retirement purposes.
S 13. Physical fitness program. (a) Pursuant to the terms of an agree-
ment negotiated between the executive branch of the state of New York
and the employee organization representing the collective negotiating
unit consisting of investigators, senior investigators, and investi-
gative specialists in the division of state police, effective April 1,
1999, a joint labor management committee shall be continued for the
purpose of evaluating the assessment, study, and testing for the fitness
of members of the employee organization. The division of state police
S. 8092 7
shall administer such program through the provision of an annual appro-
priation. Members in the employee organization shall receive an annual
fitness bonus if they satisfy the fitness requirements developed by the
division of state police during a fiscal year. The amount of such
fitness bonus shall be determined by the committee within the amount
appropriated therefor. Such awards shall be paid on or about December
first of each fiscal year.
(b) Any amounts received pursuant to this section shall be in addition
to, and shall not be a part of, the member's basic annual salary, and
shall not affect or impair, any increments or other rights or benefits
to which the member may be entitled; provided, however, that any amounts
received shall be included as compensation for retirement purposes.
(c) The division of state police and the employee organization repres-
enting such unit may agree to expend the funds appropriated on an annual
basis for the physical fitness program for a mutually agreeable alter-
nate purpose. Pursuant to the terms of the agreement, the parties agree
that the amount appropriated for this fund for fiscal year 2015-2016
shall be transferred to the employee benefit fund established pursuant
to paragraph b of subdivision 2 of section 207-b of the state finance
law and the amounts appropriated for this fund for fiscal years
2016-2017 and 2017-2018 shall remain with the division of state police.
Effective April 1, 2018, the annual appropriation for this fund shall be
transferred to the employee benefit fund established pursuant to para-
graph b of subdivision 2 of section 207-b of the state finance law each
year unless the parties agree to expend such funds for a mutually agree-
able alternate purpose.
S 14. Recognized degree pay. (a) Pursuant to the terms of an agreement
negotiated between the executive branch of the state of New York and the
employee organization representing the collective negotiating unit
consisting of investigators, senior investigators, and investigative
specialists in the division of state police, members of such unit who
possess or obtain a recognized degree from an accredited and recognized
college or university on or after April 1, 2001, shall continue to
receive a lump sum payment of $250 for an associate degree, $500 for a
bachelor's degree, and $750 for a graduate degree. Payment for such
degree shall occur annually in June of each year, and shall be for one
degree only. When such degree is obtained in a fiscal year, such
payment shall be made as soon as practicable after conferral of the
degree.
(b) Such additional compensation as provided in this section shall be
in addition to, and shall not be part of, the member's basic annual
salary, and shall not affect or impair any rights or benefits to which
the member may be entitled; provided, however, that such additional
compensation shall be included as compensation for retirement purposes.
S 15. Short swings. Notwithstanding any provision of law to the
contrary, pursuant to the terms of an agreement negotiated between the
executive branch of the state of New York and the employee organization
representing the collective negotiating unit consisting of investi-
gators, senior investigators, and investigative specialists in the divi-
sion of state police, effective September 1, 2016, members of this unit
who are required to work short swings shall receive compensation of
thirty dollars ($30) for each short swing they are required to work and
actually work. There shall be no short swing compensation where the
short swing is worked at the request of, or for the convenience of the
member, as determined by the division of state police. The definition of
short swing shall be when there are eight hours or less between the
S. 8092 8
scheduled end time of a Member's tour of duty and the start time of the
next scheduled tour of duty. Such compensation shall not be payable if
such member's hours of work continue from the end time of the Member's
tour of duty to the commencement of the start time of the next scheduled
tour of duty without interruption.
S 16. Notwithstanding any provision of law to the contrary, pursuant
to the terms of an agreement negotiated between the executive branch of
the state of New York and the employee organization representing the
collective negotiating unit consisting of investigators, senior investi-
gators, and investigative specialists in the division of state police,
members of such unit shall receive recall overtime only in accordance
with the terms of the collective bargaining agreement.
S 17. Payment and publication of grievance arbitration settlements and
awards. Notwithstanding any provision of law to the contrary, the
appropriations contained in this act shall be available to the state for
the payment and publication of grievance arbitration settlements and
awards pursuant to article 15 of the collective negotiating agreement
between the state and the employee organization representing the collec-
tive negotiating unit consisting of investigators, senior investigators,
and investigative specialists in the division of state police, such
provisions being in effect pursuant to paragraph (e) of subdivision 1 of
section 209-a of the civil service law.
S 18. The compensation and benefit modifications provided for by this
act for state employees in the collective negotiating unit consisting of
investigators, senior investigators, and investigative specialists in
the division of state police pursuant to article 14 of the civil service
law shall not be implemented until the director of employee relations
shall have delivered to the director of the budget and the comptroller a
letter certifying that there is in effect with respect to such negotiat-
ing unit a collective bargaining agreement which provides for such
compensation and benefit modifications and which is fully executed in
writing with the state pursuant to article 14 of the civil service law,
and ratified pursuant to the ratification procedure of the employee
organization certified pursuant to article 14 of the civil service law
to represent such collective negotiating unit.
S 19. 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 member of the collective
negotiating unit consisting of investigators, senior investigators, and
investigative specialists in the division of state police 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 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 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 officer or employee. Payment of such salary
increase may be deferred pursuant to section twenty of this act.
S 20. Deferred payment of salary increase. Notwithstanding the
provisions of any other section of this act or of any provision of law
S. 8092 9
to the contrary, pending payment pursuant to this act of the basic annu-
al salaries of incumbents of positions subject to this act, such incum-
bents 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, 2011 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 service and the compensation actually received there-
for. Such lump sum payment shall be made as soon as practicable. The
amounts paid under this act shall count as compensation earned during
the year or years for which it is calculated and not as compensation
earned wholly in the year in which the lump sum is paid.
S 21. 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, 2011 shall be available for the payment of any liabilities or obli-
gations incurred pursuant to the foregoing provisions of this act,
whether prior to or during the state fiscal year commencing April 1,
2016.
S 22. 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 solely for apportionment/transfer by the
director of the budget for use by any state department or agency in any
fund for the fiscal year beginning April 1, 2016 to supplement appropri-
ations 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 or during the state fiscal year commencing April 1,
2011 in addition to liabilities or obligations associated with the state
fiscal year commencing April 1, 2016. For this purpose, these appropri-
ations shall remain in full force and effect for the payment of liabil-
ities incurred on or before March 31, 2017.
MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
STATE OPERATIONS 2016-17
Special Pay Bills
General Fund / State Operations
State Purposes Account - 10050
PERSONAL SERVICE
Personal Service .............................. 22,257,000
S. 8092 10
NONPERSONAL SERVICE
Fringe benefits ................................ 5,343,000
Health Benefits Committee ......................... 16,000
Professional Development Fund .................... 256,000
Employee Benefit Fund ............................ 340,000
Physical Fitness Pay ............................. 454,000
Contract Administration ........................... 50,000
S 23. This act shall take effect immediately; provided that the direc-
tor of employee relations certifies that there is in effect with respect
to the negotiating unit consisting of investigators, senior investi-
gators, and investigative specialists in the division of state police a
collective bargaining agreement which provides for the compensation and
benefit modifications in this act, and shall be deemed to have been in
full force and effect on and after April 1, 2011.
REPEAL NOTE.--
Paragraph a of subdivision 2 of section 216 of the executive law,
repealed by section one of this act, provided salary schedules for state
employees in particular titles in the collective negotiating unit
consisting of investigators and senior investigators in the division of
state police and is replaced by revised salary schedules in a new para-
graph a of such subdivision 2 implementing an agreement pursuant to
Article 14 of the civil service law.
Paragraph b of subdivision 2 of section 207-b of the state finance
law, repealed by section two of this act, provided for payments to an
employee benefit fund for state employees in the particular titles in
the collective negotiating unit consisting of investigators and senior
investigators in the division of state police and is replaced by revised
schedule of payments to be made to such fund in a new paragraph b of
such subdivision 2 implementing an agreement pursuant to Article 14 of
the civil service law.
Subdivision 2 of section 216-c of the executive law, repealed by
section three of this act, provided for holiday compensation payments
based on four days pay to eligible members of the collective negotiating
unit consisting of investigators, senior investigators and investigative
specialists in the division of state police and is replaced by a revised
payment amount in a new subdivision 2 of such section implementing an
agreement pursuant to Article 14 of the civil service law.
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