S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11227
 
                           I N  A S S E M B L Y
 
                               June 15, 2018
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Abbate) --
   (at request of the Governor) -- read once and referred to the  Commit-
   tee on Governmental Employees
 
 AN  ACT  implementing  an  agreement  between  the state and an employee
   organization; providing for the  adjustment  of  salaries  of  certain
   incumbents  in  the  professional  service  in  the  state university;
   providing for the adjustment of salaries of certain employees  of  the
   state university of New York who are excluded from collective bargain-
   ing  and  certain  employees  of  the contract colleges of Cornell and
   Alfred universities; and making an appropriation for  the  purpose  of
   effectuating certain provisions thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Definitions. 1. For purposes  of  this  act,  "professional
 services  unit"  means the collective negotiating unit designated as the
 professional services negotiating unit in the state  university  of  New
 York established pursuant to article 14 of the civil service law.
   2.  For  purposes  of  this  act, "the agreement" means a collectively
 negotiated agreement entered into in 2018  between  the  state  and  the
 employee  organization representing members of the professional services
 unit.
   3. For purposes of this act, "the  employee  organization"  means  the
 employee  organization representing members of the professional services
 unit.
   § 2. Adjustment to salaries and other compensation of  certain  incum-
 bents in positions in the professional service in the state university.
   1.  The  basic  annual  salaries as of June 30, 2016, of incumbents of
 positions in the professional service in the  state  university  in  the
 professional  services  unit, other than positions described in subdivi-
 sion fifteen of this section, shall be increased by 2 percent,  adjusted
 to  the  nearest whole dollar amount (a) commencing the first day of the
 payroll period closest to July 2, 2016 for employees having  a  calendar
 year or college year professional obligation or (b) commencing the first
 day  of  the  payroll  period closest to September 1, 2016 for employees
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD12065-03-8

 A. 11227                            2
 
 having an academic year professional  obligation,  except  that  certain
 incumbents  at  the  state  university  of  New  York at Binghamton, the
 colleges of technology and the agriculture and technology colleges here-
 tofore  specifically  identified by the department of audit and control,
 for the purpose of establishing the effective date  of  eligibility  for
 salary  increases  shall  be granted said salary increase commencing the
 first day of the payroll period closest to July 2, 2016.   Notwithstand-
 ing  the  above  provisions of this subdivision, for employees having an
 academic year professional obligation and who are in  a  21  pay  period
 status,  for the purpose of establishing the effective date of eligibil-
 ity for salary increase, shall be granted said salary increase effective
 August 25, 2016. Notwithstanding the above provisions of  this  subdivi-
 sion,  to be eligible for the retroactive pay increase set forth in this
 subdivision, a member of the unit must have been on the payroll  on  the
 date  of  ratification of the agreement and a retired employee must have
 been on the payroll on or after the  effective  date  of  the  increase.
 Members  of  the  unit  who  left the payroll before ratification or the
 effective date of the increase for a reason other  than  retirement  are
 not eligible for retroactive pay for this increase.
   2.  The  basic  annual  salaries as of June 30, 2017, of incumbents of
 positions in the professional service in the  state  university  in  the
 professional  services  unit, other than positions described in subdivi-
 sion fifteen of this section, shall be increased by 2 percent,  adjusted
 to  the  nearest whole dollar amount (a) commencing the first day of the
 payroll period closest to July 1, 2017, for employees having a  calendar
 year  or  college  year  professional  obligation, or (b) commencing the
 first day of the payroll  period  closest  to  September  1,  2017,  for
 employees  having  an academic year professional obligation, except that
 certain incumbents at the state university of New  York  at  Binghamton,
 the  colleges  of technology and the agriculture and technology colleges
 heretofore specifically  identified  by  the  department  of  audit  and
 control  for the purpose of establishing the effective date of eligibil-
 ity for salary increases, shall be granted said salary increase commenc-
 ing the first day of  the  payroll  period  closest  to  July  1,  2017.
 Notwithstanding  the  above  provisions  of  this subdivision, employees
 having an academic year professional obligation and who are in a 21  pay
 period  status,  for  the  purpose of establishing the effective date of
 eligibility for salary increases, shall be granted said salary  increase
 effective  August 24, 2017. Notwithstanding the above provisions of this
 subdivision, to be eligible for the retroactive pay increase  set  forth
 in  this subdivision, a member of the unit must have been on the payroll
 on the date of ratification of the agreement and a retired employee must
 have been on the payroll on or after the effective date of the increase.
 Members of the unit who left the  payroll  before  ratification  or  the
 effective  date  of  the increase for a reason other than retirement are
 not eligible for retroactive pay for this increase.
   3. The basic annual salaries as of June 30,  2018,  of  incumbents  of
 positions  in  the  professional  service in the state university in the
 professional services unit, other than positions described  in  subdivi-
 sion  fifteen of this section, shall be increased by 2 percent, adjusted
 to the nearest whole dollar amount (a) commencing the first day  of  the
 payroll  period closest to July 1, 2018, for employees having a calendar
 year or college year professional  obligation,  or  (b)  commencing  the
 first  day  of  the  payroll  period  closest  to September 1, 2018, for
 employees having an academic year professional obligation,  except  that
 certain  incumbents  at  the state university of New York at Binghamton,

 A. 11227                            3
 
 the colleges of technology and the agriculture and  technology  colleges
 heretofore  specifically  identified  by  the  department  of  audit and
 control for the purpose of establishing the effective date of  eligibil-
 ity for salary increases, shall be granted said salary increase commenc-
 ing  the  first  day  of  the  payroll  period  closest to July 1, 2018.
 Notwithstanding the above  provisions  of  this  subdivision,  employees
 having  an academic year professional obligation and who are in a 21 pay
 period status, for the purpose of establishing  the  effective  date  of
 eligibility  for salary increases, shall be granted said salary increase
 effective August 23, 2018.
   4. The basic annual salaries as of June 30,  2019,  of  incumbents  of
 positions  in  the  professional  service in the state university in the
 professional services unit, other than positions described  in  subdivi-
 sion  fifteen of this section, shall be increased by 2 percent, adjusted
 to the nearest whole dollar amount (a) commencing the first day  of  the
 payroll  period closest to July 1, 2019, for employees having a calendar
 year or college year professional  obligation,  or  (b)  commencing  the
 first  day  of  the  payroll  period  closest  to September 1, 2019, for
 employees having an academic year professional obligation,  except  that
 certain  incumbents  at  the state university of New York at Binghamton,
 the colleges of technology and the agriculture and  technology  colleges
 heretofore  specifically  identified  by  the  department  of  audit and
 control for the purpose of establishing the effective date of  eligibil-
 ity for salary increases, shall be granted said salary increase commenc-
 ing  the  first  day  of  the  payroll  period  closest to July 1, 2019.
 Notwithstanding the above  provisions  of  this  subdivision,  employees
 having  an academic year professional obligation and who are in a 21 pay
 period status, for the purpose of establishing  the  effective  date  of
 eligibility  for  salary increase, shall be granted said salary increase
 effective August 22, 2019.
   5. The basic annual salaries as of June 30,  2020,  of  incumbents  of
 positions  in  the  professional  service in the state university in the
 professional services unit, other than positions described  in  subdivi-
 sion  fifteen of this section, shall be increased by 2 percent, adjusted
 to the nearest whole dollar amount (a) commencing the first day  of  the
 payroll  period closest to July 1, 2020, for employees having a calendar
 year or college year professional  obligation,  or  (b)  commencing  the
 first  day  of  the  payroll  period  closest  to September 1, 2020, for
 employees having an academic year professional obligation,  except  that
 certain  incumbents  at  the state university of New York at Binghamton,
 the colleges of technology and the agriculture and  technology  colleges
 heretofore  specifically  identified  by  the  department  of  audit and
 control for the purpose of establishing the effective date of  eligibil-
 ity for salary increases, shall be granted said salary increase commenc-
 ing  the  first  day  of  the  payroll  period  closest to July 1, 2020.
 Notwithstanding the above  provisions  of  this  subdivision,  employees
 having  an academic year professional obligation and who are in a 21 pay
 period status, for the purpose of establishing  the  effective  date  of
 eligibility  for salary increases, shall be granted said salary increase
 effective August 20, 2020.
   6. The basic annual salaries as of June 30,  2021,  of  incumbents  of
 positions  in  the  professional  service in the state university in the
 professional services unit, other than positions described  in  subdivi-
 sion  fifteen of this section, shall be increased by 2 percent, adjusted
 to the nearest whole dollar amount (a) commencing the first day  of  the
 payroll  period closest to July 1, 2021, for employees having a calendar

 A. 11227                            4

 year or college year professional  obligation,  or  (b)  commencing  the
 first  day  of  the  payroll  period  closest  to September 1, 2021, for
 employees having an academic year professional obligation,  except  that
 certain  incumbents  at  the state university of New York at Binghamton,
 the colleges of technology and the agriculture and  technology  colleges
 heretofore  specifically  identified  by  the  department  of  audit and
 control for the purpose of establishing the effective date of  eligibil-
 ity for salary increases, shall be granted said salary increase commenc-
 ing  the  first  day  of  the  payroll  period  closest to July 1, 2021.
 Notwithstanding the above  provisions  of  this  subdivision,  employees
 having  an academic year professional obligation and who are in a 21 pay
 period status, for the purpose of establishing  the  effective  date  of
 eligibility for salary increases, shall be granted said salary increases
 effective August 19, 2021.
   7.  Notwithstanding  the  provisions  of  subdivision one, two, three,
 four, five or six of this section, an employee in service on April 30 of
 2016, 2017, 2018, 2019, 2020 or 2021, whose employment expired prior  to
 July  2,  2016  or July 1, 2017, 2018, 2019, 2020 or 2021, respectively,
 and who would have been eligible for the salary increase provided for in
 subdivision one, two, three, four, five or six of this  section  if  the
 employee's  employment  had  continued  through July 2 or July 1 of that
 year, as appropriate, shall be eligible for the salary increase provided
 for in subdivision one, two, three, four, five or six of this section if
 the employee is reemployed in an equivalent position for  at  least  one
 semester or the equivalent of the twelve-month period commencing on July
 2 or July 1 of such year, as appropriate.
   8.  Notwithstanding  the  provisions  of  subdivision one, two, three,
 four, five or six of this section,  an  employee  in  service  during  a
 portion  of  the twelve-month period commencing on July 1 of 2015, 2016,
 2017, 2018, 2019 or 2020, for at least one semester or  the  equivalent,
 but  whose  employment  expired  prior  to July 1 of the following year,
 shall be eligible for the salary increase  provided  for  such  year  in
 subdivision  one,  two,  three, four, five or six of this section if the
 employee is reemployed in an equivalent position for at least one semes-
 ter or the equivalent of the twelve-month period commencing on July 1 of
 such following year.
   9. The provisions of this subdivision shall  apply  to  incumbents  of
 positions  in  the  professional  services  unit,  other  than positions
 described in subdivision fifteen of this section.
   (a) Pursuant to the terms of the agreement, for the year 2017,  incum-
 bents  on  the payroll on June 30, 2017 and at the time of payment shall
 be paid a lump sum payment in the amount  of  600  dollars.    Part-time
 employees  shall be eligible for the lump sum payment of 600 dollars, at
 a pro-rated amount, pursuant to the terms of the agreement.   Incumbents
 on  the payroll on June 30, 2017 shall include those part-time employees
 in service on April 30, 2017, but whose employment expired prior to July
 1, 2017. Such lump sum payments shall not be added to basic annual sala-
 ry and shall be payable as soon as practicable after ratification of the
 agreement.
   (b) Pursuant to the terms of the agreement, for the year  2018,  there
 shall  be available an amount equal to 1 percent (1.0%) of the total  of
 the basic annual salaries on June 30, 2018 to  whom  the  provisions  of
 this  subdivision apply, for distribution to such incumbents as one-time
 lump sum bonus payments made by the state university trustees  in  their
 discretion.  Such lump sum payments as described in this paragraph shall
 be made to incumbents on the payroll on June 30, 2018 and at the time of

 A. 11227                            5
 
 payment and shall occur not later than December 31, 2018. Such lump  sum
 payments  shall  be in addition to and shall not be a part of an employ-
 ee's basic annual salary, provided, however, that such payments shall be
 included as compensation for retirement purposes. The total of the basic
 annual  salaries  on  June  30, 2018 shall include the total salaries of
 part-time employees in service on April 30, 2018, but  whose  employment
 expires  prior  to  July 1, 2018.   If the part-time faculty employee is
 reemployed prior to the distribution of the pool, the employee  will  be
 eligible  for  a  discretionary  increase at the discretion of the state
 university trustees.
   (c) Pursuant to the terms of the agreement,  for  each  of  the  years
 2019,  2020,  2021 and 2022, there shall be available an amount equal to
 one-half of 1 percent (0.5%) of the total of the basic  annual  salaries
 on  June  30  of  each such year of incumbents to whom the provisions of
 this subdivision apply, for  distribution  to  such  incumbents  on  the
 payroll  on  June 30 of each such year and at the time of payment by the
 state university trustees in their discretion. Pursuant to the terms  of
 the  agreement,  for  each of the years 2019, 2020, 2021 and 2022, there
 also shall be available an amount equal to one-half of 1 percent  (0.5%)
 of  the  total of the basic annual salaries on June 30 of each such year
 of incumbents to whom the provisions  of  this  subdivision  apply,  for
 distribution  to  such incumbents on the payroll on June 30 of each such
 year and at the time of payment by  the  state  university  trustees  in
 their  discretion  to  address equity, compression and inversion issues.
 Such distributions as described in this paragraph shall occur not  later
 than  December  31  of  each year, and shall be retroactive to July 1 of
 such year for employees having a calendar year or college  year  profes-
 sional  obligation,  or September 1 of such year for employees having an
 academic year professional obligation.  The total of  the  basic  annual
 salaries on June 30 shall include the total salaries of part-time facul-
 ty  employees  in service on April 30 of that year, but whose employment
 expires prior to July 1 of such year. If the part-time faculty  employee
 is  reemployed  prior to the distribution of the pool, the employee will
 be eligible for a discretionary increase at the discretion of the  state
 university trustees, consistent with the terms of the agreement.
   10.  Location  compensation  of certain incumbents in positions in the
 professional service of the state university. (a) Employees in positions
 in the professional services unit who are full-time employees and  whose
 work  station  is:  (i)  in  the  city  of New York, or in the county of
 Suffolk, Nassau, Rockland or Westchester, shall continue to be  entitled
 to location pay at the annual rate of 3,026 dollars effective January 1,
 2009, or (ii) in the county of Dutchess, Putnam or Orange shall continue
 to  be  entitled  to  location  pay  at the annual rate of 1,513 dollars
 effective January 1, 2009.
   (b) Payments made under paragraph (a) of  this  subdivision  shall  be
 paid  biweekly  and  shall  be  in addition to and not part of the basic
 annual salary of such employees,  provided,  however,  that  any  amount
 payable  pursuant  to this subdivision shall be included as compensation
 for retirement purposes.
   (c) Notwithstanding the provisions of paragraph (a) of  this  subdivi-
 sion,  a  full-time  employee  on  an authorized leave of absence who is
 receiving a part-time salary, but who would have been otherwise eligible
 for the location compensation set forth in paragraph (a) of this  subdi-
 vision, shall be eligible for such location compensation, on a pro-rated
 basis,  and  shall  be  paid  the  appropriately pro-rated amount of the

 A. 11227                            6
 
 location compensation, which pro-rated amount shall be  consistent  with
 the part-time salary of that employee.
   11. (a) Pursuant to the terms of the agreement, full-time employees in
 the  professional  services  unit  who  have  been  granted permanent or
 continuing appointment  at  the  campus  at  which  they  currently  are
 employed,  or  full-time  employees who have been granted a second five-
 year term appointment at the campus at which they are currently employed
 under Article XI, Appendix A of the policies of the board of trustees of
 the state university of New York, shall receive a  one-time  advance  to
 basic  annual  salary of 500 dollars. Employees who have completed seven
 consecutive years of full-time service at the campus at which  they  are
 currently  employed  in  the  title  of Lecturer or in any of the titles
 listed in Article XI, Appendix B, Section 4 - Division  III  Sports,  or
 Article XI, Appendix C, shall receive a one-time advance to basic annual
 salary of 500 dollars.
   (b) Pursuant to the terms of the agreement, part-time employees in the
 professional  services  unit  who have completed at least eight years of
 consecutive service at the campus at which they are currently  employed,
 shall  receive  a  lump  sum  payment in the amount of 500 dollars. Such
 payment shall be in addition to and shall not be a part of an employee's
 basic annual salary, provided,  however,  that  such  payment  shall  be
 included  as compensation for retirement purposes. Pursuant to the terms
 of the agreement, part-time  employees  are  eligible  to  receive  this
 payment  every  eight  years  thereafter  of  consecutive service at the
 campus at which they are currently employed. In no event shall  a  part-
 time  employee  be  eligible  for  a service award, as described in this
 paragraph, more than once every eight years.
   12. Minimum basic annual salary. (a) This subdivision shall  apply  to
 employees  in  the  professional services unit, except those who are not
 paid on the basis of a basic annual salary.
   (b) The basic annual salary minimums as of June 30, 2016, as  provided
 for  in  the agreement, shall be increased by 2 percent, adjusted to the
 nearest whole dollar  amount,  on  the  dates  of  the  salary  increase
 provided for in subdivision one of this section.
   (c)  The basic annual salary minimums as of June 30, 2017, as provided
 for in the agreement, shall be increased by 2 percent, adjusted  to  the
 nearest  whole  dollar  amount,  on  the  dates  of  the salary increase
 provided for in subdivision two of this section.
   (d) The basic annual salary minimums as of June 30, 2018, as  provided
 for  in  the agreement, shall be increased by 2 percent, adjusted to the
 nearest whole dollar  amount,  on  the  dates  of  the  salary  increase
 provided for in subdivision three of this section.
   (e)  The basic annual salary minimums as of June 30, 2019, as provided
 for in the agreement, shall be increased  2  percent,  adjusted  to  the
 nearest  whole  dollar  amount,  on  the  dates  of  the salary increase
 provided for in subdivision four of this section.
   (f) The basic annual salary minimums as of June 30, 2020, as  provided
 for  in  the agreement, shall be increased by 2 percent, adjusted to the
 nearest whole dollar  amount,  on  the  dates  of  the  salary  increase
 provided for in subdivision five of this section.
   (g)  The basic annual salary minimums as of June 30, 2021, as provided
 for in the agreement, shall be increased by 2 percent, adjusted  to  the
 nearest  whole  dollar  amount,  on  the  dates  of  the salary increase
 provided for in subdivision six of this section.
   (h) A part-time employee who is paid on the basis of a pro-rated basic
 annual salary and who, if employed on a full-time basis, would be eligi-

 A. 11227                            7
 
 ble to be paid a minimum basic annual salary, shall be  paid  a  minimum
 basic annual salary which shall be the appropriately pro-rated amount of
 the minimum basic annual salary that would have been paid to the employ-
 ee had the employee been employed on a full-time basis.
   (i) Notwithstanding the provisions of subdivision one of this section,
 incumbents to whom the provisions of subdivisions one, two, three, four,
 five  and  six of this section apply and who are in employment status on
 July 2, 2016, shall receive not less than the minimum basic annual sala-
 ry in force on July 2, 2016, as provided for in the agreement,  for  the
 rank or grade in which such incumbent serves.
   (j) An incumbent promoted on or after the effective dates, appropriate
 to  the  incumbent's  professional obligation or the incumbent's date of
 eligibility for salary increases, of the salary increases  provided  for
 in  subdivisions  one,  two,  three,  four, five and six of this section
 shall receive not less than the minimum basic annual salary provided for
 in the agreement for the rank or grade to which the incumbent  has  been
 promoted.
   (k)  An employee hired on or after the effective dates, appropriate to
 the employee's professional obligation or the employee's date of  eligi-
 bility  for  salary  increases,  of the salary increases provided for in
 subdivisions one, two, three, four, five and six of this  section  shall
 receive not less than the minimum basic annual salary for the employee's
 rank  or grade provided for in the agreement on the date the employee is
 placed in payroll status.
   13. Part-time academic faculty minimum salary.  (a)  This  subdivision
 shall apply to part-time academic employees in the professional services
 unit,  except those who are paid on an hourly basis or on the basis of a
 basic annual salary.
   (b) Pursuant to the terms of the agreement, salary minimums  shall  be
 established for part-time academic employees not paid on an hourly basis
 or  on  the basis of a basic annual salary, per three credit course. The
 credit hour equivalent for contact hours and other credit  equivalencies
 will  be determined by management based on the practice at each individ-
 ual campus.
   (c) Effective the semester beginning after July 1, 2019,  as  provided
 for  in  the  agreement,  the  minimum salary for university centers and
 health science centers shall be 3,000 dollars, and  the  minimum  salary
 for comprehensive and technology colleges shall be 2,500 dollars.
   (d)  Effective  the semester beginning after July 1, 2020, as provided
 for in the agreement, the minimum salary for university centers shall be
 increased to 3,250 dollars, and the minimum salary for comprehensive and
 technology colleges shall be increased to 2,750 dollars.
   (e) Effective the semester beginning after July 1, 2021,  as  provided
 for in the agreement, the minimum salary for university centers shall be
 increased to 3,500 dollars, and the minimum salary for comprehensive and
 technology colleges shall be increased to 3,000 dollars.
   (f)  Effective  the semester beginning after July 1, 2022, as provided
 for in the agreement, the minimum salary for university centers shall be
 increased to 3,750 dollars, and the minimum salary for comprehensive and
 technology colleges shall be increased to 3,250 dollars.
   (g) Pursuant to the terms of the agreement, part-time academic employ-
 ees who are otherwise eligible to  receive  an  increase  in  salary  in
 accordance with subdivisions one, two, three, four, five and six of this
 section  shall,  if otherwise eligible, receive an increase in salary as
 set forth in subdivisions one, two, three, four, five and  six  of  this

 A. 11227                            8

 section,  or  the  applicable  part-time academic faculty minimum as set
 forth in this subdivision, whichever is greater.
   14. The increases in salary payable pursuant to subdivisions one, two,
 three,  four,  five  and  six of this section shall apply on a pro-rated
 basis to incumbents otherwise eligible to receive an increase in  salary
 pursuant  to  this section, who are paid on an hourly or per diem basis,
 or who serve on a part-time basis or who are paid  on  any  basis  other
 than at an annual salary rate.
   15.  Notwithstanding any of the provisions of this section, the salary
 increases or payments provided  by  this  section  shall  not  apply  to
 employees  deemed  to  be casual employees pursuant to the resolution of
 clarification petition CP 751 brought against the state by the  employee
 organization  representing  the  professional  services  unit;  to extra
 service compensation; to summer session compensation; or to compensation
 derived from clinical practice plan arrangements; nor shall anything  in
 this  section  be  deemed  to  provide any adjustment in salary or other
 compensation of any person  holding  a  chair  established  pursuant  to
 section 239 of the education law.
   16.  Inconvenience pay. Pursuant to the terms of the agreement, effec-
 tive July 2, 2016, an eligible employee, as provided for in  the  agree-
 ment,  shall  continue  to be paid 575 dollars per year for working 4 or
 more hours between the hours of 6:00 p.m.  and 6:00 a.m.
   17. Basic annual salary. For the purposes of this section, basic annu-
 al salary is the amount of annual compensation payable  to  an  employee
 for  the  performance of the employee's professional obligation, as such
 obligation is set forth in Title H, Article XI, of the policies  of  the
 board of trustees of the state university of New York, from state monies
 appropriated  for  such purpose. Nothing herein shall prevent increasing
 amounts paid to incumbents of positions of the professional  service  in
 the  professional  services unit in addition to the basic annual salary,
 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; provided
 that the state university shall annually submit a report to the director
 of the budget  specifying  aggregate  amounts  by  campus,  sources  and
 expenditure of such funds as payment for such increases.
   18.  Notwithstanding  any of the foregoing provisions of this section,
 any increase in compensation may be withheld in whole or  in  part  from
 any employee to whom the provisions of this section are applicable when,
 in the opinion of the chancellor of the state university of New York and
 the director of employee relations, such increase is not warranted or is
 not appropriate.
   § 3. Adjustment to salaries and hourly rates and other compensation of
 certain  eligible unit members in the collective negotiating unit desig-
 nated as the professional services unit established pursuant to  article
 14  of the civil service law that are in lifeguard titles and who are in
 positions designated as part of bargaining unit 68.
   1. The percentage increases of this subdivision shall  only  apply  to
 certain eligible unit members in the professional services unit that are
 in  lifeguard  titles  and  who  are  in positions designated as part of
 bargaining unit 68.
   (a) Effective April 1, 2016, the salary  or  hourly  rate  of  certain
 eligible unit members shall increase by 2 percent.
   (b)  Effective  April  1,  2017,  the salary or hourly rate of certain
 eligible unit members shall increase by 2 percent.

 A. 11227                            9
 
   (c) Effective April 1, 2018, the salary  or  hourly  rate  of  certain
 eligible unit members shall increase by 2 percent.
   (d)  Effective  April  1,  2019,  the salary or hourly rate of certain
 eligible unit members shall increase by 2 percent.
   (e) Effective April 1, 2020, the salary  or  hourly  rate  of  certain
 eligible unit members shall increase by 2 percent.
   (f)  Effective  April  1,  2021,  the salary or hourly rate of certain
 eligible unit members shall increase by 2 percent.
   (g) To be eligible for the increases set forth in paragraphs  (a)  and
 (b)  of  this subdivision, an eligible unit member (i) must have been in
 employment status on the effective date of the  salary  or  hourly  rate
 increase  or  employed  during a season that commences during the fiscal
 year that includes such salary or hourly rate increase,  and  (ii)  must
 have  been in employment status on April 1, 2018 or during a season that
 commences in the fiscal year that includes April 1, 2018.
   2. In accordance with the terms of  the  agreement,  certain  eligible
 unit  members who work at least 160 hours during the season (at least 20
 days) shall be entitled to additional compensation at their hourly rate,
 up to a maximum of eight hours, for time worked on  each  of  the  first
 three  days  during  their employment in any seasonal period (April 1 to
 September 30 or October 1 to March 31) which are observed as holidays by
 the state. Such compensation shall be paid retroactively upon completion
 of five weeks of work.
   3. Notwithstanding any of the foregoing provisions  of  this  section,
 any  increase  in  compensation may be withheld in whole or in part from
 any employee to whom the provisions of this section are applicable when,
 in the opinion of the director of employee relations and the director of
 the budget, such increase is not warranted or is not appropriate.
   § 4. Recall compensation for  certain  state  officers  and  employees
 within  the professional services unit. 1. Notwithstanding any provision
 of law to the contrary and to the extent that the agreement so provides,
 full-time professional employees (a) as defined by the policies  of  the
 board of trustees of the state university of New York within the profes-
 sional  services  unit, who provide patient care services on a full-time
 basis in the areas of a hospital or clinic specified in  the  agreement,
 and  who are eligible to accrue overtime credits, or (b) who are specif-
 ically identified by the college president as subject to  recall,  shall
 be  considered  to  have  worked a minimum of 4 hours each time they are
 recalled to work overtime after having completed  their  scheduled  work
 period  and  left  their  scheduled  work station. In the event any such
 eligible employee works in excess of 4  hours  upon  such  recall,  such
 employee  shall  receive  overtime  compensation  for the hours actually
 worked. To the extent that the agreement so provides, any such full-time
 professional employee identified in paragraph (a)  of  this  subdivision
 who  is not eligible to accrue overtime credits but who is deemed eligi-
 ble to receive recall compensation in accordance with the terms  of  the
 agreement  shall  receive additional compensation at the rate of one and
 one-half times the regular hourly rate of compensation for time actually
 worked when such professional employee is recalled to work after  having
 completed the scheduled work period and left the scheduled work station,
 but,  in  no  case, shall such professional employee receive less than 4
 hours of additional compensation upon recall.
   2. In addition to eligible full-time  professional  employees  as  set
 forth  in subdivision one of this section, notwithstanding any provision
 of law to the contrary and to the extent that the agreement so provides,
 employees in positions at the  campus  specifically  designated  by  the

 A. 11227                           10

 college  president,  in  accordance  with the terms of the agreement, as
 eligible for recall compensation, shall be considered to have  worked  a
 minimum  of  4  hours each time they are recalled to work overtime after
 having  completed  their  scheduled work period and left their scheduled
 work station. In the event any such eligible employee works in excess of
 4 hours upon such recall, such employee shall receive  overtime  compen-
 sation for the hours actually worked.
   3.  Any  employee  eligible  to  receive compensation pursuant to this
 section who is recalled to work more than once  during  a  period  of  4
 hours commencing with the onset of the initial recall will not be eligi-
 ble for more than 4 hours of compensation in any form unless more than 4
 hours is actually worked. Any compensation paid pursuant to this section
 shall  be  in  addition  to and not part of such employee's basic annual
 salary, provided however, that any  amounts  payable  pursuant  to  this
 section shall be included as compensation for retirement purposes.
   §  5. On-call compensation for certain state officers and employees in
 the professional services unit of the state university.  Notwithstanding
 any provision of law to the contrary, any full-time professional employ-
 ee or other  employee  eligible  to  receive  compensation  pursuant  to
 section  four of this act, who is required to be available for immediate
 recall and who must be prepared to return to duty within a limited peri-
 od of time, may be granted additional compensation  for  each  day  such
 employee  is  actually  scheduled  to  remain  and remains available for
 recall. Such additional compensation shall be paid at a rate established
 pursuant to the agreement. Such compensation shall be in addition to and
 not part of such employee's basic annual salary, provided however,  that
 any amount payable pursuant to this section shall be included as compen-
 sation for retirement purposes.
   §  6. Health insurance coverage for part-time employees in the profes-
 sional services  unit  of  the  state  university.  Notwithstanding  any
 provision  of  law  to  the contrary, any employee serving in a position
 within the professional services unit of the state university who serves
 on a part-time basis and  is  otherwise  ineligible  to  receive  health
 insurance coverage may participate in the state health insurance program
 provided that such part-time employee pays the full premium cost for the
 coverage provided by such health insurance program.
   §  7.  Statewide  joint  labor-management committees for certain state
 officers and employees. 1. During the period July 2, 2016  through  July
 1,  2022,  there  shall  be a statewide joint labor-management committee
 continued and administered pursuant to the terms of the agreement, which
 shall have the responsibility for studying  and  making  recommendations
 concerning the major issues of professional development and implementing
 such  agreements  which  may  be  entered into between the state and the
 employee organization concerning such matters.
   2. During the period July 2, 2016 through July 1, 2022, there shall be
 a statewide joint labor-management committee continued and  administered
 pursuant  to  the terms of the agreement, which shall have the responsi-
 bility for studying and  making  recommendations  concerning  employment
 related  issues  as required by provisions of the agreement and adminis-
 tering the continuity of employment fund subject to the approval of  the
 state and the employee organization.
   3. During the period July 2, 2016 through July 1, 2022, there shall be
 a  statewide joint labor-management committee continued and administered
 pursuant to the terms of the agreement, which shall have  the  responsi-
 bility  for  studying  and  making  recommendations concerning issues of
 safety in the workplace and implementing such agreements  which  may  be

 A. 11227                           11
 
 entered  into between the state and the employee organization concerning
 such matters.
   4. During the period July 2, 2016 through July 1, 2022, there shall be
 a  statewide joint labor-management committee continued and administered
 pursuant to the terms of the agreement, which shall have  the  responsi-
 bility  for  studying  and  making recommendations concerning matters of
 mutual interest in the areas of equal employment and affirmative  action
 concerning  minorities,  women,  persons  with disabilities and military
 status and implementing  such  agreements  which  may  be  entered  into
 between the state and the employee organization concerning such matters.
   5. During the period July 2, 2016 through July 1, 2022, there shall be
 a  statewide joint labor-management committee continued and administered
 pursuant to the terms of the agreement, which shall have  the  responsi-
 bility  for  studying  and  making  recommendations concerning issues of
 health benefits and implementing such agreements which  may  be  entered
 into  between  the  state  and the employee organization concerning such
 matters.
   6. During the period July 2, 2016 through July 1, 2022, there shall be
 a Tripartite Redeployment Committee administered pursuant to  the  terms
 of  the agreement, which shall have the responsibility for reviewing and
 discussing issues related to redeployment consideration and implementing
 such agreements which may be entered into  between  the  state  and  the
 employee organization concerning such matters.
   7. During the period July 2, 2016 through July 1, 2022, there shall be
 a  statewide  joint  labor-management committee established and adminis-
 tered pursuant to the terms of  the  agreement,  which  shall  have  the
 responsibility for studying, making recommendations and approving campus
 grants  that  would  benefit groups of employees at one or more campuses
 and implementing such agreements which may be entered into  between  the
 state and the employee organization concerning such matters.
   §  8. 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 pursuant to
 article 7 of the agreement.
   § 9. The salary increases and benefit  modifications,  and  any  other
 modifications  to the terms and conditions of employment provided for by
 this act for state employees in the professional  services  unit,  shall
 not  be  implemented until the director of employee relations has deliv-
 ered, to the director of the budget and the comptroller, a  letter  that
 there  is in effect with respect to such negotiating unit a collectively
 negotiated agreement which provides for such increases and modifications
 and which is fully executed in writing with the state pursuant to  arti-
 cle  14 of the civil service law, and ratified pursuant to the ratifica-
 tion procedure of the employee organization.
   § 10. Notwithstanding any other provision  of  law  to  the  contrary,
 where, and to the extent that, the agreement so provides, an employee is
 affected  as  a  result of the state's exercise of its right to contract
 out, and in the event that such  affected  employee  obtains  employment
 with  the  contractor,  the  employee shall not be barred from accepting
 such employment as provided for in the agreement.
   § 11. Notwithstanding any inconsistent provision of law, where and  to
 the  extent that any agreement between the state and the employee organ-
 ization entered into pursuant to article 14 of the civil service law  so
 provides  on  behalf  of  employees  in  the professional services unit,
 effective January 1, 2017, the state shall contribute an  amount  desig-
 nated  in such agreement and for the period covered by such agreement to

 A. 11227                           12
 
 the accounts of such employees enrolled for  dependent  care  deductions
 pursuant  to  subdivision  7  of section 201-a of the state finance law.
 Such amounts shall be from funds appropriated herein and  shall  not  be
 part of basic annual salary for overtime or retirement purposes.
   § 12. Date of entitlement to salary or hourly rate increase.  Notwith-
 standing the provisions of this act or of any other law, the increase in
 salary  or  compensation of any officer or employee provided by this act
 shall be added to the salary or compensation of such officer or employee
 at the beginning of that payroll period the first day of which is  near-
 est  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 or hourly rate  of  such  officer  or
 employee  upon  reclassification,  reallocation, appointment, promotion,
 transfer, demotion, reinstatement or other change of status, such salary
 or hourly rate increase shall be deemed to  be  effective  on  the  date
 thereof  as  prescribed in this act, and the 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  or  hourly  rate
 increase may be deferred pursuant to section thirteen of this act.
   §  13.  Deferred  payment of salary or hourly rate increase.  Notwith-
 standing the provisions of any other section of this act or of any other
 law, pending payment pursuant to this act of the basic  annual  salaries
 or  compensation  of  incumbents  of positions subject to this act, such
 incumbents shall receive, as partial compensation for services rendered,
 the rate of compensation otherwise payable  in  their  respective  posi-
 tions.   An incumbent holding a position subject to this act at any time
 during the period from the effective dates of the salary or hourly  rate
 increases  provided  for  in  this  act until the time when basic annual
 salaries or compensation are first paid pursuant to this  act  for  such
 services in excess of the compensation actually received therefor, shall
 be  entitled to a lump sum payment for the difference between the salary
 to which such incumbent is entitled for such services  and  the  compen-
 sation  actually received therefor. Such lump sum payments shall be made
 as soon as practicable.  However, notwithstanding the provisions of this
 section or of any other section of this act,  the  retroactive  payments
 resulting from the increases in basic annual salaries of eligible incum-
 bents  effective July 2, 2016 or September 1, 2016, pursuant to subdivi-
 sion one of section two of this act, and those effective July 1, 2017 or
 September 1, 2017, pursuant to subdivision two of section  two  of  this
 act,  shall  be aggregated in the form of a lump sum payment and made to
 employees in two equal payments. The first payment shall be paid as soon
 as practicable after  ratification  of  the  agreement  and  the  second
 payment  shall  be paid on the first day of the payroll period following
 July 1, 2019. For the purpose of calculating  retirement  benefits,  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 it is paid.  Notwithstanding any law,
 rule  or  regulation  to  the  contrary,  no  member of the professional
 services unit to whom the provisions of this act apply shall be entitled
 to, or owed, any interest or other penalty for any reason on any  monies
 due  to  such  member pursuant to the terms of this act and the terms of
 the agreement covering employees in the professional services unit.

 A. 11227                           13
 
   § 14. Use of appropriations. The comptroller is authorized to pay  any
 amounts required during the fiscal year commencing April 1, 2018, by the
 provisions  of  this  act  for  any  state department or agency from any
 appropriation or other funds available to such state department or agen-
 cy  for  personal  service or for other related employee benefits during
 such fiscal year. To the extent that such  appropriations  are  insuffi-
 cient  in  any  fund  to  accomplish  the purposes herein set forth, the
 director of the budget is authorized to allocate to the various  depart-
 ments  and  agencies, from any appropriations available in any fund, the
 amounts necessary to pay such amounts. The aforementioned appropriations
 shall be  available  for  payment  of  any  liabilities  or  obligations
 incurred prior to April 1, 2018 in addition to current liabilities.
   §  15.  Payment  from  special or administrative funds. If the compen-
 sation to which officers and employees of the state are otherwise  enti-
 tled  is  payable  from a special or administrative fund or funds of the
 state, other than the general fund or the capital projects fund  of  the
 state,  the increase in compensation to which such officers or employees
 are entitled under this act shall be payable from  such  other  fund  or
 funds  in  the  same  manner  as such other compensation. If the amounts
 appropriated or allocable from such other fund or funds are insufficient
 to accomplish the purposes of this act, the director of  the  budget  is
 hereby  authorized to allocate such additional sums from such other fund
 or funds as may be necessary therefor.
   § 16. Effect of participation in special annuity program. No  employee
 participating in a special annuity program pursuant to the provisions of
 article  8-C  of  title  1  of  the education law shall, by reason of an
 increase in compensation pursuant to this act, suffer any  reduction  of
 the  salary adjustment to which such officer or employee would otherwise
 be entitled by reason of participation in such program, and such  salary
 adjustment  shall  be  based upon the salary of such officer or employee
 without regard to the reduction authorized by said article.
   § 17. Appropriations.  Notwithstanding  any  provision  of  the  state
 finance  law  or  any other provision of law to the contrary, the sum of
 three hundred eleven million dollars ($311,000,000) is hereby  appropri-
 ated  in  the general fund/state purposes account (10050) in miscellane-
 ous-all state departments and agencies solely for apportionment/transfer
 by the director of the budget for use by any state department or agency,
 including the contract colleges at Alfred and Cornell, in any  fund  for
 the  fiscal  year  beginning April 1, 2018, to supplement appropriations
 available for personal service, other than personal service, and  fringe
 benefits, and to carry out the provisions of this act. No money shall be
 available for expenditure from this appropriation until a certificate of
 approval  has  been  issued  by the director of the budget and a copy of
 such certificate or any amendment thereto has been filed with the  state
 comptroller,  the chair of the senate finance committee and the chair of
 the assembly ways and means committee. The  monies  hereby  appropriated
 are  available  for  payment  of any liabilities or obligations incurred
 prior to April 1, 2018 in addition to liabilities or obligations associ-
 ated with the fiscal year commencing April 1, 2018.  Notwithstanding any
 provision of law to the contrary, this  appropriation  shall  remain  in
 full  force  and  effect  for  the payment of liabilities incurred on or
 before June 30, 2019.
   § 18. The several amounts as hereinafter set forth, or so much thereof
 as may be necessary, are hereby appropriated from the fund so designated
 for use by any state department or agency for the fiscal year  beginning
 April  1,  2018  to  supplement appropriations from each respective fund

 A. 11227                           14
 
 available for personal service, other than personal service  and  fringe
 benefits,  and  to carry out the provisions of this act. Notwithstanding
 any provision of law to the contrary, the monies hereby appropriated are
 available  for  payment of any liabilities or obligations incurred prior
 to or during the period April 1, 2016 through June 30,  2019.  No  money
 shall  be  available  for  expenditure  from  this appropriation until a
 certificate of approval has been issued by the director  of  the  budget
 and  a  copy of such certificate or any amendment thereto has been filed
 with the state comptroller, the chair of the senate  finance  committee,
 and the chair of the assembly ways and means committee.
 
                    ALL STATE DEPARTMENTS AND AGENCIES
 
                             SPECIAL PAY BILLS
 
   General Fund/State Operations
   State Purposes Account - 003
 
                           Non-Personal Service
 
 Joint  Committee on Health Benefits & State-
   wide Labor Management Committees ............ $8,700,000
 Employee Benefit Fund ......................... $1,600,000

   § 19. Compensation for certain state employees in the state university
 that are designated, stipulated, or excluded from negotiating  units  as
 managerial  or  confidential pursuant to article 14 of the civil service
 law and certain employees of contract colleges  at  Cornell  and  Alfred
 universities.
   1.  The  provisions of this subdivision shall apply only to incumbents
 of positions in bargaining unit 13 in the professional  service  of  the
 state  university that are designated, stipulated or excluded from nego-
 tiating units as managerial or confidential pursuant to  article  14  of
 the civil service law.
   (a) For the year 2017 there shall be made available a lump sum payment
 amount  of  $600  to  whom the provisions of this subdivision apply, for
 distribution, in whole or in part, to such incumbents as  one-time  lump
 sum   bonus   payments  by  the  state  university  trustees,  in  their
 discretion, and subject to the approval of the chancellor and the direc-
 tor of the budget.
   (b) For the year 2018 there shall be available an amount  equal  to  1
 percent  (1.0%)  of the total of the basic annual salaries on June 30 of
 such year of incumbents to  whom  the  provisions  of  this  subdivision
 apply,  for  distribution,  in  whole  or in part, to such incumbents as
 one-time lump sum bonus payments by the state  university  trustees,  in
 their  discretion, and subject to the approval of the chancellor and the
 director of the budget.
   (c) If approved, such lump sum payments as described in paragraphs (a)
 and (b) of this subdivision shall be made to incumbents on  the  payroll
 on  June  30  of  each  year  and  who are on the payroll at the time of
 payment. Such payment shall occur not later than  December  31  of  each
 year.  Such lump sum payments shall be in addition to and shall not be a
 part of an employee's basic annual salary, provided, however, that  such
 payments shall be included as compensation for retirement purposes.
   2.  The  compensation increases in subdivision one of this section may
 also be provided by Cornell and Alfred  universities,  within  available

 A. 11227                           15
 
 appropriations,  at their discretion, and with the requisite approval of
 the state university trustees and the director of the budget, to  incum-
 bents  of  positions in the institutions under the management of Cornell
 and  Alfred  universities  as representative of the board of trustees of
 the state university of New York that, in the opinion of the director of
 employee relations, would be designated managerial or confidential  were
 they subject to article 14 of the civil service law.
   3.  The  increases  in  salary  or  compensation  provided for by this
 section  shall  not  be  implemented  until  the  director  of  employee
 relations  has  delivered,  to  the director of the budget and the comp-
 troller, a letter that there is  in  effect  a  collectively  negotiated
 agreement  between  the  state  and  state employees in the professional
 services unit pursuant to article 14 of the civil service law, and rati-
 fied pursuant to the ratification procedure of  the  employee  organiza-
 tion.
   §  20.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after July 2, 2016.  Appropri-
 ations  made  by  this  act  shall  remain  in full force and effect for
 liabilities incurred through June 30, 2019.