S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4542
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of A. ABBATE -- (at request of the Governor) -- read
   once and referred to the Committee on Governmental Employees
 
 AN ACT to amend the civil service  law,  in  relation  to  compensation,
   benefits and other terms and conditions of employment of certain state
   officers  and employees; to implement agreements between the state and
   an employee organization; making an appropriation for the  purpose  of
   effectuating   certain  provisions  thereof;  and  to  repeal  certain
   provisions of the civil service law relating thereto (Part A); and  to
   amend  the  civil  service  law and the correction law, in relation to
   salaries; to implement agreements between the state  and  an  employee
   organization; to repeal certain provisions of such laws relating ther-
   eto;  and  making  an  appropriation  for  the purpose of effectuating
   certain provisions hereof (Part B)
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act enacts into law legislation necessary to implement
 a  collective  bargaining  agreement,  to  make  changes  to an existing
 collective bargaining agreement, and to implement changes to salary  and
 benefits  for certain state officers and employees excluded from collec-
 tive negotiating units. Each component is wholly contained within a Part
 identified as Parts A through B. The effective date for each  particular
 provision contained within such Part is set forth in the last section of
 such  Part.    Any  provision  in  any  section contained within a Part,
 including the effective date of the Part, which  makes  reference  to  a
 section  "of  this  act",  when  used in connection with that particular
 component, shall be deemed  to  mean  and  refer  to  the  corresponding
 section  of  the Part in which it is found. Section two of this act sets
 forth the general severability clause  applying  to  this  act.  Section
 three of this act sets forth the general effective date of this act.

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

                                                            LBD12005-01-7

 A. 4542                             2
 
                  COLLECTIVE BARGAINING AGREEMENT BETWEEN
                   THE STATE OF NEW YORK AND THE PUBLIC
                    EMPLOYEES FEDERATION FOR 2016-2019
 
   Section  1.  Subparagraph 1 of paragraph c of subdivision 1 of section
 130 of the civil service law is REPEALED and three new subparagraphs  1,
 2 and 3 are added to read as follows:
   (1)  EFFECTIVE  APRIL  SEVENTH,  TWO THOUSAND SIXTEEN FOR OFFICERS AND
 EMPLOYEES ON THE ADMINISTRATIVE  PAYROLL  AND  EFFECTIVE  MARCH  THIRTY-
 FIRST,  TWO  THOUSAND SIXTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITU-
 TIONAL PAYROLL:
                            PEF SALARY SCHEDULE
                      EFFECTIVE APRIL 7, 2016 (ADMIN)
                      EFFECTIVE MARCH 31, 2016 (INST)
               HIRING             JOB            ADVANCE         JOB RATE
 SG             RATE              RATE           AMOUNT          ADVANCE
  1            $22,407           $28,914           $930            $927
  2            $23,257           $30,080           $975            $973
  3            $24,395           $31,551         $1,023          $1,018
  4            $25,490           $33,021         $1,073          $1,093
  5            $26,697           $34,595         $1,129          $1,124
  6            $28,129           $36,421         $1,184          $1,188
  7            $29,708           $38,392         $1,233          $1,286
  8            $31,344           $40,417         $1,276          $1,417
  9            $33,090           $42,589         $1,323          $1,561
 10            $34,967           $44,956         $1,381          $1,703
 11            $36,971           $47,501         $1,471          $1,704
 12            $39,044           $50,019         $1,522          $1,843
 13            $41,317           $52,870         $1,583          $2,055
 14            $43,690           $55,774         $1,691          $1,938
 15            $46,162           $58,853         $1,753          $2,173
 16            $48,752           $62,050         $1,820          $2,378
 17            $51,488           $65,547         $1,907          $2,617
 18            $54,406           $69,182         $1,868          $3,568
 19            $57,354           $72,841         $1,946          $3,811
 20            $60,290           $76,484         $2,027          $4,032
 21            $63,487           $80,501         $2,116          $4,318
 22            $66,900           $84,707         $2,205          $4,577
 23            $70,438           $89,095         $2,296          $4,881
 24            $74,190           $93,659         $2,385          $5,159
 25            $78,283           $98,669         $2,486          $5,470
 26            $82,407          $101,577         $2,587          $3,648
 27            $86,866          $106,993         $2,724          $3,783
 28            $91,442          $112,307         $2,830          $3,885
 29            $96,235          $117,862         $2,938          $3,999
 30           $101,264          $123,647         $3,047          $4,101
 31           $106,661          $129,843         $3,161          $4,216
 32           $112,332          $136,259         $3,267          $4,325
 33           $118,442          $143,122         $3,375          $4,430
 34           $124,751          $150,251         $3,492          $4,548
 35           $131,219          $157,505         $3,604          $4,662
 36           $137,814          $164,967         $3,728          $4,785
 37           $145,047          $173,012         $3,844          $4,901
 38           $135,322
   (2) EFFECTIVE APRIL SIXTH, TWO THOUSAND  SEVENTEEN  FOR  OFFICERS  AND
 EMPLOYEES  ON  THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH THIRTIETH,

 A. 4542                             3
 
 TWO THOUSAND SEVENTEEN FOR OFFICERS AND EMPLOYEES ON  THE  INSTITUTIONAL
 PAYROLL:
 
                            PEF SALARY SCHEDULE
                      EFFECTIVE APRIL 6, 2017 (ADMIN)
                      EFFECTIVE MARCH 30, 2017 (INST)
 
               HIRING            JOB             ADVANCE         JOB RATE
 SG             RATE             RATE            AMOUNT          ADVANCE
 
 1           $22,855           $29,494           $949            $945
 2           $23,722           $30,685           $994            $999
 3           $24,883           $32,180           $1,043          $1,039
 4           $26,000           $33,679           $1,094          $1,115
 5           $27,231           $35,286           $1,152          $1,143
 6           $28,692           $37,150           $1,208          $1,210
 7           $30,302           $39,160           $1,257          $1,316
 8           $31,971           $41,227           $1,302          $1,444
 9           $33,752           $43,443           $1,349          $1,597
 10          $35,666           $45,857           $1,409          $1,737
 11          $37,710           $48,451           $1,501          $1,735
 12          $39,825           $51,021           $1,552          $1,884
 13          $42,143           $53,927           $1,614          $2,100
 14          $44,564           $56,888           $1,725          $1,974
 15          $47,085           $60,028           $1,788          $2,215
 16          $49,727           $63,293           $1,857          $2,424
 17          $52,518           $66,855           $1,945          $2,667
 18          $55,494           $70,566           $1,906          $3,636
 19          $58,501           $74,301           $1,985          $3,890
 20          $61,496           $78,014           $2,068          $4,110
 21          $64,757           $82,113           $2,159          $4,402
 22          $68,238           $86,398           $2,249          $4,666
 23          $71,847           $90,876           $2,342          $4,977
 24          $75,674           $95,534           $2,432          $5,268
 25          $79,849           $100,645          $2,536          $5,580
 26          $84,055           $103,609          $2,639          $3,720
 27          $88,603           $109,133          $2,779          $3,856
 28          $93,271           $114,553          $2,886          $3,966
 29          $98,160           $120,219          $2,997          $4,077
 30          $103,289          $126,120          $3,108          $4,183
 31          $108,794          $132,440          $3,224          $4,302
 32          $114,579          $138,984          $3,332          $4,413
 33          $120,811          $145,984          $3,442          $4,521
 34          $127,246          $153,256          $3,562          $4,638
 35          $133,843          $160,655          $3,676          $4,756
 36          $140,570          $168,266          $3,802          $4,884
 37          $147,948          $176,472          $3,921          $4,998
 38          $138,028

   (3) EFFECTIVE APRIL FIFTH, TWO THOUSAND EIGHTEEN FOR OFFICERS AND
 EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH TWENTY-NINTH,
 TWO THOUSAND EIGHTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL
 PAYROLL:

 A. 4542                             4
 
                            PEF SALARY SCHEDULE
                      EFFECTIVE APRIL 5, 2018 (ADMIN)
                      EFFECTIVE MARCH 29, 2018 (INST)
 
             HIRING            JOB               ADVANCE         JOB RATE
 SG          RATE              RATE              AMOUNT          ADVANCE

 1           $23,312           $30,083           $968            $963
 2           $24,196           $31,299           $1,014          $1,019
 3           $25,381           $32,826           $1,064          $1,061
 4           $26,520           $34,355           $1,116          $1,139
 5           $27,776           $35,995           $1,175          $1,169
 6           $29,266           $37,891           $1,232          $1,233
 7           $30,908           $39,941           $1,283          $1,335
 8           $32,610           $42,051           $1,328          $1,473
 9           $34,427           $44,311           $1,376          $1,628
 10          $36,379           $46,772           $1,437          $1,771
 11          $38,464           $49,417           $1,531          $1,767
 12          $40,622           $52,039           $1,583          $1,919
 13          $42,986           $55,008           $1,647          $2,140
 14          $45,455           $58,028           $1,759          $2,019
 15          $48,027           $61,229           $1,824          $2,258
 16          $50,722           $64,557           $1,894          $2,471
 17          $53,568           $68,192           $1,984          $2,720
 18          $56,604           $71,980           $1,944          $3,712
 19          $59,671           $75,785           $2,024          $3,970
 20          $62,726           $79,577           $2,109          $4,197
 21          $66,052           $83,752           $2,202          $4,488
 22          $69,603           $88,124           $2,294          $4,757
 23          $73,284           $92,693           $2,389          $5,075
 24          $77,187           $97,448           $2,481          $5,375
 25          $81,446           $102,661          $2,587          $5,693
 26          $85,736           $105,681          $2,692          $3,793
 27          $90,375           $111,316          $2,834          $3,937
 28          $95,136           $116,844          $2,944          $4,044
 29          $100,123          $122,623          $3,057          $4,158
 30          $105,355          $128,642          $3,170          $4,267
 31          $110,970          $135,089          $3,288          $4,391
 32          $116,871          $141,764          $3,399          $4,499
 33          $123,227          $148,904          $3,511          $4,611
 34          $129,791          $156,321          $3,633          $4,732
 35          $136,520          $163,868          $3,750          $4,848
 36          $143,381          $171,631          $3,879          $4,976
 37          $150,907          $180,001          $3,999          $5,100
 38          $140,789
   §  2. Compensation for certain state officers and employees in collec-
 tive negotiating units. 1.  The provisions of this section  shall  apply
 to  annual-salaried officers and employees in the collective negotiating
 unit designated as the professional, scientific and  technical  services
 unit established pursuant to article 14 of the civil service law.
   2.  Effective April 7, 2016 for officers and employees on the adminis-
 trative payroll and effective March 31, 2016 for officers and  employees
 on  the  institutional  payroll, the basic annual salary of officers and
 employees in full-time employment status on the day before such  payroll
 period  shall  be increased by two percent adjusted to the nearest whole
 dollar amount.

 A. 4542                             5
 
   3. Effective April 6, 2017 for officers and employees on the  adminis-
 trative  payroll and effective March 30, 2017 for officers and employees
 on the institutional payroll, the basic annual salary  of  officers  and
 employees  in full-time employment status on the day before such payroll
 period  shall  be increased by two percent adjusted to the nearest whole
 dollar amount.
   4. Effective April 5, 2018 for officers and employees on the  adminis-
 trative  payroll and effective March 29, 2018 for officers and employees
 on the institutional payroll, the basic annual salary  of  officers  and
 employees  in full-time employment status on the day before such payroll
 period shall be increased by two percent adjusted to the  nearest  whole
 dollar amount.
   5.  Notwithstanding the provisions of subdivisions two, three and four
 of this section, if the basic annual salary of an officer or employee to
 whom the provisions of this section apply is identical with  the  hiring
 rate  or  the job rate of the salary grade of his or her position on the
 effective dates of the increases provided in  these  subdivisions,  such
 basic  annual  salary shall be increased to the hiring rate or job rate,
 respectively, of such salary grade as contained in the appropriate sala-
 ry schedules in subparagraphs 1, 2 and 3 of paragraph c of subdivision 1
 of section 130 of the civil service law, as added by section one of this
 act, to take effect on the dates provided in such subparagraphs.  Except
 as herein provided to the contrary, the increases in basic annual salary
 provided  by  this subdivision shall be in lieu of any increase in basic
 annual salary provided for in subdivisions two, three and four  of  this
 section.
   6. Payments pursuant to the provisions of subdivision 6 of section 131
 of  the  civil  service  law  for annual salaried officers and employees
 entitled to such payments to whom the provisions of this  section  apply
 shall  be  payable  in accordance with the terms of an agreement reached
 pursuant to article 14 of the civil service law between the state and an
 employee organization representing employees subject to  the  provisions
 of this section.
   7.  If  an  unencumbered position is one which if encumbered, would be
 subject to the provisions of this section, the salary of  such  position
 shall  be  increased  by  the  salary increase amounts specified in this
 section. If a position is created, and filled by the appointment  of  an
 officer  or  employee  who is subject to the provisions of this section,
 the salary otherwise provided for such position shall  be  increased  in
 the  same manner as though such position had been in existence but unen-
 cumbered.  Notwithstanding the provisions of this section, the  director
 of  the  budget  may  reduce the salary of any such position which is or
 becomes vacant.
   8. The increases in salary provided in  subdivisions  two,  three  and
 four  of  this  section  shall apply on a prorated basis to officers and
 employees, otherwise eligible to receive an increase in salary, who  are
 paid on an hourly or per diem basis, employees serving on a part-time or
 seasonal  basis, and employees paid on any basis other than at an annual
 salary rate.  Notwithstanding the foregoing, the provisions of  subdivi-
 sions  five, six and thirteen of this section shall not apply to employ-
 ees serving on a per diem or seasonal basis, except as determined by the
 director of the budget.
   9. In order to provide for the officers and  employees  to  whom  this
 section  applies but are not allocated to salary grades, but are paid on
 an annual basis, increases and payments pursuant to subdivisions six and
 thirteen of this section in proportion to those provided to  persons  to

 A. 4542                             6
 
 whom this section applies who are allocated to salary grades, the direc-
 tor  of  the  budget is authorized to add appropriate adjustments and/or
 payments to the compensation  which  such  officers  and  employees  are
 otherwise  entitled  to  receive. The director of the budget shall issue
 certificates which shall contain schedules of positions and the salaries
 and/or payments thereof for which adjustments and/or payments  are  made
 pursuant  to the provisions of this subdivision, and a copy of each such
 certificate shall be filed with the state comptroller, the department of
 civil service, the chair of the senate finance committee and  the  chair
 of the assembly ways and means committee.
   10.   Notwithstanding   any  other  provision  of  this  section,  the
 provisions of this section shall not apply to officers or employees paid
 on a fee schedule basis, provided however, that the increases  in  basic
 annual  salary  provided for in subdivisions two, three and four of this
 section shall apply to fire instructors paid on  a  fee  schedule  basis
 employed by the division of homeland security and emergency services.
   11. Notwithstanding any other provision of this section, except subdi-
 vision  one,  any  increase  in compensation for any officer or employee
 appointed to a lower graded position from a redeployment  list  pursuant
 to subdivision 1 of section 79 of the civil service law who continues to
 receive  his  or her former salary pursuant to such subdivision shall be
 determined on the basis of such lower graded position provided, however,
 that the increase in salary provided in this  section  shall  not  cause
 such officer's or employee's salary to exceed the job rate of such lower
 graded position.
   12.  Notwithstanding any other provision of this section or any law to
 the contrary, 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 the  budget  and  the
 director of employee relations, such increase is not warranted or is not
 appropriate for any reason.
   13. Notwithstanding any law, rule or regulation to the contrary, offi-
 cers  and  employees  to whom the provisions of this section apply shall
 receive performance awards in accordance with the terms of a collective-
 ly negotiated agreement between the state and the employee  organization
 representing  such  employees entered into pursuant to article 14 of the
 civil service law, effective for the period commencing April 2, 2016 and
 ending April 1, 2019, in  accordance  with  the  rules  and  regulations
 issued  by the director of the budget to implement payment of such nego-
 tiated performance awards.
   § 3. Location compensation for certain state officers  and  employees.
 Notwithstanding any inconsistent provisions of law, officers and employ-
 ees,  including  seasonal  officers  and employees who shall receive the
 compensation provided for pursuant to this section on a pro-rated  basis
 except  part-time  officers and employees, in the collective negotiating
 unit designated as the professional, scientific and  technical  services
 unit  established pursuant to article 14 of the civil service law, 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
 comptroller, is located: (a) in the county of Monroe and who were eligi-
 ble to receive location pay on March 31, 1985,  shall  receive  location
 pay  at  the rate of two hundred dollars per year provided they continue
 to be otherwise eligible; or (b) in the city of  New  York,  or  in  the
 county  of  Rockland,  Westchester,  Nassau or Suffolk shall continue to
 receive a downstate adjustment at the  annual  rate  of  three  thousand
 twenty-six  dollars  effective  April  1,  2011; or (c) in the county of

 A. 4542                             7
 
 Dutchess, Putnam or  Orange  shall  continue  to  receive  a  mid-Hudson
 adjustment  at  the  annual  rate  of one thousand five hundred thirteen
 dollars effective April 1, 2011.   Such location payments  shall  be  in
 addition  to and shall not be a part of an officer's or employee's basic
 annual salary, and shall not affect or impair any  performance  advance-
 ments or other rights or benefits to which an officer or employee may be
 entitled  by  law,  provided,  however,  that location payments shall be
 included as compensation for purposes of computation of overtime pay and
 for retirement purposes. For the sole purpose of continuing  eligibility
 for  location  pay  in  Monroe county, an officer or employee previously
 eligible to receive location pay on March 31, 1985 who is on an approved
 leave of absence or participates in an employer  program  to  reduce  to
 part-time service during summer months shall continue to be eligible for
 said location pay upon return to full-time state service in Monroe coun-
 ty.
   §  4.  Continuation  of location compensation for certain officers and
 employees of  the  Hudson  Valley  developmental  disabilities  services
 office.  1. Notwithstanding any law, rule or regulation to the contrary,
 any officer or employee of the Hudson Valley developmental  disabilities
 services  office  represented  in the collective negotiating unit desig-
 nated as the professional, scientific and technical services  unit,  who
 is  receiving  location  pay pursuant to section 5 of chapter 174 of the
 laws of 1993 shall continue to  receive  such  location  pay  under  the
 conditions and at the rate specified by such section.
   2.  Notwithstanding  any  law, rule or regulation to the contrary, any
 officer or employee of  the  Hudson  Valley  developmental  disabilities
 services  office  represented  in the collective negotiating unit desig-
 nated as the professional, scientific and technical services  unit,  who
 is  receiving  location  pay  pursuant  to subdivision 2 of section 9 of
 chapter 315 of the laws of 1995 shall continue to receive such  location
 pay under the conditions and at the rates specified by such subdivision.
   3. Notwithstanding section three of this act or any other law, rule or
 regulation to the contrary, any officer or employee of the Hudson Valley
 developmental disabilities services office represented in the collective
 negotiating  unit designated as the professional, scientific and techni-
 cal services unit, who is receiving location  pay  pursuant  to  section
 three of this act shall continue to be eligible for such location pay if
 as  the  result of a reduction or redeployment of staff, such officer or
 employee is reassigned to  or  otherwise  appointed  or  promoted  to  a
 different  position  at  another  work location within the Hudson Valley
 developmental disabilities services office. The rate of  such  continued
 location  pay  shall  not  exceed  the  rate such officer or employee is
 receiving on the date of such reassignment, appointment or promotion.
   § 5. Special assignment to duty pay. Notwithstanding any  inconsistent
 provisions  of  law,  effective  April  2, 2016, where and to the extent
 that, an agreement  between  the  state  and  an  employee  organization
 entered  into  pursuant  to  article  14  of  the  civil  service law so
 provides, a special assignment to duty lump sum shall be paid each  year
 to  an  employee who is serving in a particular assignment deemed quali-
 fied pursuant to such agreement. Such payment  shall  be  in  an  amount
 negotiated  for  those employees assigned to qualifying work assignments
 and who work such assignments for the minimum periods of time in a  year
 provided  in  the negotiated agreement. Assignment to duty pay shall not
 be paid in any year an employee does not meet the minimum period of time
 in such qualifying assignment required by the agreement or  upon  cessa-
 tion of the assignment to duty program on April 1, 2019 unless an exten-

 A. 4542                             8
 
 sion  is  negotiated  by  the parties. Such lump sum shall be considered
 salary only for final average salary retirement purposes.
   §  6.  Long  term seasonal employees. Notwithstanding any inconsistent
 provisions of law, effective April 2, 2016,  where  and  to  the  extent
 that,  an  agreement  between  the  state  and  an employee organization
 entered into pursuant  to  article  14  of  the  civil  service  law  so
 provides, a lump sum shall be paid each year to an employee who is serv-
 ing  in  a qualifying long term seasonal position. Such payment shall be
 in an amount negotiated and pursuant to negotiated  qualifying  criteria
 and  shall be considered salary only for final average salary retirement
 purposes. Such benefit shall be available until March 31, 2019.
   § 7. Notwithstanding any inconsistent provisions of law, where and  to
 the extent that an agreement between the state and an employee organiza-
 tion  entered  into  pursuant  to article 14 of the civil service law so
 provides on behalf of  employees  in  the  collective  negotiating  unit
 designated  as  the professional, scientific and technical services unit
 established pursuant to article 14 of the civil service law,  the  state
 shall  contribute  an  amount  designated  in such agreement and for the
 period covered by such agreement  to  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 in this act and shall not be part of  basic  annual  salary
 for overtime or retirement purposes.
   §  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  and  publication  of  grievance and arbitration settlements and
 awards pursuant to articles 33 and  34  of  the  collective  negotiating
 agreement  between  the state and the employee organization representing
 the collective negotiating unit designated as the  professional,  scien-
 tific  and technical services unit established pursuant to article 14 of
 the civil service law.
   § 9. During the period April 2, 2016  through  April  1,  2019,  there
 shall  be  a statewide labor-management committee continued and adminis-
 tered pursuant to the terms of  the  agreement  negotiated  between  the
 state and an employee organization representing employees in the collec-
 tive  negotiating  unit  designated  as the professional, scientific and
 technical services unit established pursuant to article 14 of the  civil
 service  law which shall after April 2, 2016, have the responsibility of
 studying, making recommendations concerning the major issues of  produc-
 tivity,  the  quality  of  work  life  and  implementing  the agreements
 reached.
   § 10. Inconvenience pay program. Pursuant to chapter 333 of  the  laws
 of  1969,  as amended, and an agreement negotiated between the state and
 an employee organization representing  employees  in  the  professional,
 scientific  and  technical services unit established pursuant to article
 14 of the civil service law, an eligible employee shall continue  to  be
 paid five hundred seventy-five dollars per year for working four or more
 hours  between  the  hours of 6:00 p.m. and 6:00 a.m. effective April 2,
 2011.
   § 11. Notwithstanding any provision of law to the contrary,  effective
 April  2,  2016,  where  and to the extent that an agreement between the
 state and an employee organization so provides for a program  concerning
 a  firearms  training  and  safety  incentive  for peace officers in the
 professional, scientific and technical services bargaining unit, a  lump
 sum  payment  for  such  incentive  shall  be paid for each year of such
 program to any employee who is deemed qualified pursuant to such  agree-

 A. 4542                             9
 
 ment.  Such payment shall be in an amount negotiated for those employees
 who meet criteria established by such program. Such payment shall  occur
 at  the time prescribed by such program or as soon as practicable there-
 after.  Such  lump sum payment shall not be paid in any year an employee
 does not meet the qualifications and criteria of such  program  or  upon
 cessation  of such program on April 1, 2019 unless an extension is nego-
 tiated by the parties. Such lump sum payment shall be considered  salary
 for overtime purposes.
   §  12. Notwithstanding any provision of law to the contrary, effective
 April 2, 2016, where and to the extent that  an  agreement  between  the
 state  and  an employee organization entered into pursuant to article 14
 of the civil service law so provides on behalf of certain  employees  in
 the  collective  negotiating unit designated as the professional, scien-
 tific and technical services unit,  and  where  there  exists  a  policy
 requiring  employees  in  the fire protection specialist title series at
 the office of fire prevention and control to wear uniforms, a  lump  sum
 uniform  allowance shall be paid to covered employees in accordance with
 the terms of such agreement and policy.  Such payments shall  be  in  an
 amount  negotiated  for  covered  employees and shall not be paid in any
 year where a policy does not exist requiring uniforms in accordance with
 the terms of the agreement or where an employee is not required to  wear
 a uniform or receives a regular uniform service.  Such uniform allowance
 will  cease to exist on April 1, 2019, unless an extension is negotiated
 by the parties. Such lump sum shall be considered salary only for  final
 average salary purposes.
   §  13.  The salary increases and benefit modifications provided for by
 this act for state employees in the collective negotiating  unit  desig-
 nated as the professional, scientific and technical services unit estab-
 lished  pursuant  to  article  14  of the civil service law shall not be
 implemented until the director of employee relations shall  have  deliv-
 ered to the director of the budget and the comptroller a letter certify-
 ing  that  there  is  in  effect with respect to such negotiating unit a
 collectively negotiated agreement, ratified  by  the  membership,  which
 provides  for  such  increases  and  modifications  and  which are fully
 executed in writing with the state pursuant to article 14 of  the  civil
 service law.
   §  14.  Date  of  entitlement to salary increases. Notwithstanding the
 provisions of this act or of any other provision of law to the contrary,
 the increases in salary or compensation to employees  provided  by  this
 act  shall  be  added to the salary of such employee at the beginning of
 that payroll period, the first day of which is nearest to the  effective
 dates  of such increases 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 dates of such increases as provided in
 this  act;  provided, however, that, for the purposes of determining the
 salary  of  such  unit  members  upon  reclassification,   reallocation,
 appointment,  promotion,  transfer,  demotion,  reinstatement,  or other
 change of status, such salary increases shall be deemed to be  effective
 on  the  dates  thereof  as prescribed by this act, with payment thereof
 pursuant to this section on a date prior thereto,  instead  of  on  such
 effective  dates,  and shall not operate to confer any additional salary
 rights or benefits on  such  unit  members.    Payment  of  such  salary
 increases may be deferred pursuant to section fifteen of this act.
   §  15.  Deferred  payment  of  salary  increase.  Notwithstanding  the
 provisions of any other section of this act or any  other  provision  of
 law  to  the contrary, pending payment pursuant to this act of the basic

 A. 4542                            10
 
 annual salaries of incumbents of positions subject  to  this  act,  such
 incumbents shall receive, as partial compensation for services rendered,
 the  rate  of  salary  and other 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,  2016,  until  the  time
 when  basic  annual  salaries  and other compensation due are first paid
 pursuant to this act for such services in excess of the salary and other
 compensation actually received therefor, shall be entitled to a lump sum
 payment for the difference between the salary and other compensation  to
 which  such  incumbent  is entitled for such services and the salary and
 other compensation actually received pursuant to the terms of an  agree-
 ment  between  the  state and the employee organization representing the
 employees covered by this act.
   § 16. Use of appropriations. The comptroller is authorized to pay  any
 amounts required during the fiscal year commencing April 1, 2016 through
 March  31,  2018  by  the foregoing provisions of this act for any state
 department or agency from any appropriation or other funds available  to
 such  state  department  or  agency  for  personal  service or for other
 related employee benefits during such fiscal year. To  the  extent  that
 such  appropriations  in  any  fund  are  insufficient to accomplish the
 purposes herein set forth, the director of the budget is  authorized  to
 allocate  to  the  various  departments and agencies, from any appropri-
 ations available in any fund, the amounts necessary to pay such amounts.
   § 17. Effect of participation in special annuity program.  No  officer
 or  employee  participating in a special annuity program pursuant to the
 provisions of article 8-C 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 he or she 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 such article.
   §  18.  Notwithstanding  any provision of the state finance law or any
 other provision of law to the contrary, the sum of three  hundred  twen-
 ty-seven  million  dollars  ($327,000,000) is hereby appropriated in the
 general fund/state purposes account (10050) in  miscellaneous-all  state
 departments and agencies solely for apportionment/transfer by the direc-
 tor  of the budget for use by any state department or agency in any fund
 for the fiscal year beginning April 1, 2016 through March  31,  2018  to
 supplement  appropriations  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, 2016 through March 31, 2018. For this purpose,
 these appropriations shall remain in  full  force  and  effect  for  the
 payment of liabilities incurred on or before March 31, 2018.
   § 19. The several amounts as hereinafter set forth, or so much thereof
 as  may be necessary, are hereby appropriated for the fiscal year begin-
 ning April 1, 2016 through March 31, 2018 to  supplement  appropriations
 available  for  personal service, other than personal service and fringe
 benefits, and to carry out the provisions of  this  act.  Moreover,  the
 amounts     appropriated     as     nonpersonal     service    may    be
 suballocated/transferred to any state department or  agency  as  needed.
 The  monies hereby appropriated are available for payment of any liabil-
 ities or obligations incurred prior to or during the state  fiscal  year
 commencing April 1, 2016 through March 31, 2018. For this purpose, these

 A. 4542                            11
 
 appropriations  shall remain in full force and effect for the payment of
 liabilities incurred on or before March 31, 2018.
 
            MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
                        LABOR MANAGEMENT COMMITTEES
                         STATE OPERATIONS 2016-17
 
   General Fund / State Operations
   State Purposes Account - 10050
 
 Professional, Scientific and Technical Services Unit
 
 Professional   development  and  quality  of
   working life committee ......................... 723,000
 Health and Safety ................................ 938,000
 PSPT Program ................................... 7,675,000
 Joint Funded Programs .......................... 1,337,000
 Multi-Funded Programs .......................... 1,309,000
 Professional Development for Nurses .............. 682,000
 Property Damage ................................... 29,000
 Work-Life Services ............................. 3,151,000
 Joint Committee on Health Benefits ............... 682,000
 Contract Administration ........................... 50,000
 
   § 20. This act shall take effect immediately and shall  be  deemed  to
 have been in full force and effect on and after April 2, 2016. Appropri-
 ations  made  by  this  act  shall  remain  in full force and effect for
 liabilities incurred through March 31, 2018.
   REPEAL NOTE.--Subparagraph 1  of  paragraph  c  of  subdivision  1  of
 section  130  of  the civil service law, repealed by section one of this
 act, provided a salary schedule for state employees in the professional,
 scientific and technical services unit and is replaced by revised salary
 schedules in new subparagraphs 1, 2 and 3.
 
                                  PART B
 
                  SALARIES AND BENEFITS FOR CERTAIN STATE
                   OFFICERS AND EMPLOYEES EXCLUDED FROM
                COLLECTIVE NEGOTIATING UNITS FOR 2016-2019
 
   Section 1. Paragraph d of subdivision 1 of section 130  of  the  civil
 service  law  is  REPEALED  and  a  new  paragraph d is added to read as
 follows:
   D. SALARY GRADES FOR POSITIONS IN THE COMPETITIVE, NON-COMPETITIVE AND
 LABOR CLASSES OF THE CLASSIFIED SERVICE OF THE STATE OF NEW YORK  DESIG-
 NATED  MANAGERIAL  OR  CONFIDENTIAL PURSUANT TO ARTICLE FOURTEEN OF THIS
 CHAPTER, CIVILIAN STATE EMPLOYEES OF THE DIVISION OF MILITARY AND  NAVAL
 AFFAIRS  OF  THE EXECUTIVE DEPARTMENT WHOSE POSITIONS ARE NOT IN, OR ARE
 EXCLUDED FROM REPRESENTATION RIGHTS  IN,  ANY  RECOGNIZED  OR  CERTIFIED
 NEGOTIATING  UNIT,  AND  THOSE EXCLUDED FROM REPRESENTATION RIGHTS UNDER
 ARTICLE FOURTEEN OF THIS CHAPTER PURSUANT TO RULES OR REGULATIONS OF THE
 PUBLIC EMPLOYMENT RELATIONS BOARD SHALL BE AS FOLLOWS ON  THE  EFFECTIVE
 DATES INDICATED:
   (1) EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
 
                GRADE          HIRING RATE         JOB RATE

 A. 4542                            12
 
                M/C 3            $24,894            $31,824
                M/C 4            $25,993            $33,269
                M/C 5            $27,552            $34,883
                M/C 6            $28,721            $36,672
                M/C 7            $30,378            $38,657
                M/C 8            $32,044            $40,649
                M/C 9            $33,875            $42,812
                M/C 10           $35,701            $45,188
                M/C 11           $37,866            $47,696
                M/C 12           $39,864            $50,198
                M/C 13           $42,184            $52,987
                M/C 14           $44,690            $55,902
                M/C 15           $47,177            $58,920
                M/C 16           $49,836            $62,063
                M/C 17           $52,663            $65,485
                M/C 18           $52,943            $65,697
                M/C 19           $55,782            $69,113
                M/C 20           $58,626            $72,579
                M/C 21           $61,788            $76,328
                M/C 22           $65,109            $80,337
                M/C 23           $68,446            $85,516
                M 1              $73,878            $93,384
                M 2              $81,934            $103,567
                M 3              $90,935            $114,913
                M 4              $100,577           $126,926
                M 5              $111,677           $141,095
                M 6              $123,648           $155,526
                M 7              $136,294           $168,799
                M 8              $114,915+
 
   (2) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
 
 GRADE          HIRING RATE    JOB RATE
 M/C 3          $25,900        $33,110
 M/C 4          $27,043        $34,613
 M/C 5          $28,665        $36,292
 M/C 6          $29,881        $38,154
 M/C 7          $31,605        $40,219
 M/C 8          $33,339        $42,291
 M/C 9          $35,244        $44,542
 M/C 10         $37,143        $47,014
 M/C 11         $39,396        $49,623
 M/C 12         $41,475        $52,226
 M/C 13         $43,888        $55,128
 M/C 14         $46,495        $58,160
 M/C 15         $49,083        $61,300
 M/C 16         $51,849        $64,570
 M/C 17         $54,791        $68,131
 M/C 18         $55,082        $68,351
 M/C 19         $58,036        $71,905
 M/C 20         $60,994        $75,511
 M/C 21         $64,284        $79,412
 M/C 22         $67,739        $83,583
 M/C 23         $71,211        $88,971
 M 1            $76,863        $97,157
 M 2            $85,244        $107,751

 A. 4542                            13
 
 M 3            $94,609        $119,555
 M 4            $104,640       $132,054
 M 5            $116,189       $146,795
 M 6            $128,643       $161,809
 M 7            $141,800       $175,618
 M 8            $119,558+
 
   (3) EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
 
 GRADE          HIRING RATE    JOB RATE
 M/C 3          $26,682        $34,110
 M/C 4          $27,860        $35,658
 M/C 5          $29,531        $37,388
 M/C 6          $30,783        $39,306
 M/C 7          $32,559        $41,434
 M/C 8          $34,346        $43,568
 M/C 9          $36,308        $45,887
 M/C 10         $38,265        $48,434
 M/C 11         $40,586        $51,122
 M/C 12         $42,728        $53,803
 M/C 13         $45,213        $56,793
 M/C 14         $47,899        $59,916
 M/C 15         $50,565        $63,151
 M/C 16         $53,415        $66,520
 M/C 17         $56,446        $70,189
 M/C 18         $56,745        $70,415
 M/C 19         $59,789        $74,077
 M/C 20         $62,836        $77,791
 M/C 21         $66,225        $81,810
 M/C 22         $69,785        $86,107
 M/C 23         $73,362        $91,658
 M 1            $79,184        $100,091
 M 2            $87,818        $111,005
 M 3            $97,466        $123,166
 M 4            $107,800       $136,042
 M 5            $119,698       $151,228
 M 6            $132,528       $166,696
 M 7            $146,082       $180,922
 M 8            $123,169+
 
   § 2. Subdivision 1 of section 19 of the correction law is REPEALED and
 a new subdivision 1 is added to read as follows:
   1.  THIS  SECTION SHALL APPLY TO EACH SUPERINTENDENT OF A CORRECTIONAL
 FACILITY APPOINTED ON OR AFTER AUGUST NINTH, NINETEEN  HUNDRED  SEVENTY-
 FIVE  AND  ANY  SUPERINTENDENT  HERETOFORE  APPOINTED  WHO  ELECTS TO BE
 COVERED BY THE PROVISIONS THEREOF  BY  FILING  SUCH  ELECTION  WITH  THE
 COMMISSIONER.
   A.  THE SALARY SCHEDULE FOR SUPERINTENDENTS OF A CORRECTIONAL FACILITY
 WITH AN INMATE POPULATION CAPACITY OF FOUR HUNDRED OR MORE INMATES SHALL
 BE AS FOLLOWS:
   EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
   HIRING RATE                JOB RATE
   $116,937                   $159,580
   EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
   HIRING RATE                JOB RATE
   $121,661                   $166,027

 A. 4542                            14
 
   EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
   HIRING RATE                JOB RATE
   $125,335                   $171,041
   B.  THE SALARY SCHEDULE FOR SUPERINTENDENTS OF CORRECTIONAL FACILITIES
 WITH AN INMATE POPULATION CAPACITY OF FEWER THAN  FOUR  HUNDRED  INMATES
 SHALL BE AS FOLLOWS:
   EFFECTIVE APRIL FIRST, TWO THOUSAND SIXTEEN:
   HIRING RATE                JOB RATE 
   $90,935                    $114,914 
   EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
   HIRING RATE                JOB RATE 
   $94,609                    $119,557 
   EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
   HIRING RATE                JOB RATE 
   $97,466                    $123,168
   §  3.  Compensation  for  certain state officers and employees. 1. The
 provisions of this section shall apply to the following  annual-salaried
 state officers and employees: (a) officers and employees whose positions
 are  designated managerial or confidential pursuant to article 14 of the
 civil service law; (b) civilian state employees of the division of mili-
 tary and naval affairs in the executive department whose  positions  are
 not in, or are excluded from representation rights in, any recognized or
 certified  negotiating  unit;  (c)  officers and employees excluded from
 representation rights under article 14 of the civil service law pursuant
 to rules or regulations of the public employment  relations  board;  and
 (d)  officers  and employees whose salaries are prescribed by section 19
 of the correction law.
   2. For such officers  and  employees  the  following  increases  shall
 apply:  (a) Effective April 1, 2016, the basic annual salary of officers
 and employees to whom the provisions of this subdivision apply shall  be
 increased  by two percent (general salary increase for 2016, pursuant to
 this chapter) adjusted to the nearest whole dollar amount.
   (b) Effective April 1, 2017, the basic annual salary of  officers  and
 employees  to  whom  the  provisions  of this subdivision apply shall be
 increased by four percent, consisting of two percent  (pursuant  to  the
 parity  pay  increase  provided  by  part H of chapter 55 of the laws of
 2015) and two percent (general salary increase  for  2017,  pursuant  to
 this chapter), adjusted to the nearest whole dollar amount.
   (c)  Effective  April 1, 2018, the basic annual salary of officers and
 employees to whom the provisions of  this  subdivision  apply  shall  be
 increased  by  three  percent consisting of one percent (pursuant to the
 parity pay increase provided by part H of chapter  55  of  the  laws  of
 2015)  and  two  percent  (general salary increase for 2018, pursuant to
 this chapter) adjusted to the nearest whole dollar amount.
   3. If an unencumbered position is one that, if  encumbered,  would  be
 subject  to  the provisions of this section, the salary of such position
 shall be increased by the salary  increase  amounts  specified  in  this
 section. If a position is created and is filled by the appointment of an
 officer  or  employee  who is subject to the provisions of this section,
 the salary otherwise provided for such position shall  be  increased  in
 the  same manner as though such position had been in existence but unen-
 cumbered.
   4. The increases in salary payable  pursuant  to  this  section  shall
 apply  on  a  prorated basis in accordance with guidelines issued by the
 director of the budget to officers and employees otherwise  eligible  to
 receive  an  increase  in salary pursuant to this act who are paid on an

 A. 4542                            15
 
 hourly or per diem basis, employees serving on a part-time  or  seasonal
 basis,  and  employees  paid on any basis other than at an annual salary
 rate.
   5.  Notwithstanding  any  of the foregoing provisions of this section,
 the provisions of this section shall not apply to the  following  except
 as  otherwise  provided  by law: (a) officers or employees paid on a fee
 schedule basis; (b) officers or employees whose salaries are  prescribed
 by  section 40, 60, or 169 of the executive law; (c) officers or employ-
 ees in collective negotiating units established pursuant to  article  14
 of the civil service law.
   6. Officers and employees to whom the provisions of this section apply
 who  are incumbents of positions that are not allocated to salary grades
 specified in paragraph d of subdivision 1 of section 130  of  the  civil
 service  law  and  whose  salary  is not prescribed in any other statute
 shall receive the salary increases specified in subdivision two of  this
 section.
   7.  In  order  to  provide for the officers and employees to whom this
 section applies who are  not  allocated  to  salary  grades  performance
 advancements, merit awards, longevity payments and in lieu payments, and
 special achievement awards in proportion to those provided to persons to
 whom this section applies who are allocated to salary grades, the direc-
 tor  of  the  budget is authorized to add appropriate adjustments to the
 compensation that such officers and employees are otherwise entitled  to
 receive.  The director of the budget shall issue certificates that shall
 contain schedules of positions and the salaries or payments thereof  for
 which  adjustments  or  payments  are made pursuant to the provisions of
 this subdivision, and a copy of each such  certificate  shall  be  filed
 with  the state comptroller, the department of civil service, the chair-
 man of the senate finance committee and the  chairman  of  the  assembly
 ways and means committee.
   8.  Notwithstanding  any  of the foregoing provisions of this section,
 any increase in compensation for any officer or employee appointed to  a
 lower graded position from a redeployment list pursuant to subdivision 1
 of  section  79 of the civil service law who continues to receive his or
 her former salary pursuant to such subdivision shall  be  determined  on
 the  basis  of  such  lower  graded position provided, however, that the
 increases in salary provided in subdivision two of  this  section  shall
 not  cause such officer's or employee's salary to exceed the job rate of
 any such lower graded position at salary grade.
   9. Notwithstanding any of the foregoing provisions of this section  or
 of  any  law  to the contrary, the director of the budget may reduce the
 salary of any position which is vacant or which becomes vacant, so  long
 as  the  position,  if encumbered, would be subject to the provisions of
 this section. The director of the budget does  not  need  to  provide  a
 reason for such reduction.
   §  4.  Compensation  for  certain  state officers and employees in the
 division of state police. 1.  The provisions of this section shall apply
 to officers and employees whose salaries are provided for  by  paragraph
 (a) of subdivision 1 of section 215 of the executive law.
   2.  (a)  Effective  April 1, 2016, the basic annual salary of officers
 and employees to whom the provisions of this subdivision apply shall  be
 increased  by two percent (general salary increase for 2016, pursuant to
 this chapter) adjusted to the nearest whole dollar amount.
   (b) Effective April 1, 2017, the basic annual salary of  officers  and
 employees  to  whom  the  provisions  of this subdivision apply shall be
 increased by four percent, consisting of two percent  (pursuant  to  the

 A. 4542                            16
 
 parity  pay  increase  provided  by  part H of chapter 55 of the laws of
 2015) and two percent (general salary increase  for  2017,  pursuant  to
 this chapter), adjusted to the nearest whole dollar amount.
   (c)  Effective  April 1, 2018, the basic annual salary of officers and
 employees to whom the provisions of  this  subdivision  apply  shall  be
 increased  by  three percent, consisting of one percent (pursuant to the
 parity pay increase provided by part H of chapter  55  of  the  laws  of
 2015)  and  two  percent  (general salary increase for 2018, pursuant to
 this chapter), adjusted to the nearest whole dollar amount.
   3. The increases in salary payable  pursuant  to  this  section  shall
 apply  on  a  prorated basis in accordance with guidelines issued by the
 director of the budget to officers and employees otherwise  eligible  to
 receive  an  increase  in salary pursuant to this act who are paid on an
 hourly or per diem basis, employees serving on a part-time  or  seasonal
 basis,  and  employees  paid on any basis other than at an annual salary
 rate.
   4. Notwithstanding any of the foregoing provisions  of  this  section,
 any  increase in compensation for any officer or employee appointed to a
 lower graded position from a redeployment list pursuant to subdivision 1
 of section 79 of the civil service law who continues to receive  his  or
 her  former  salary  pursuant to such subdivision shall be determined on
 the basis of such lower graded  position  provided,  however,  that  the
 increases  in  salary  provided in subdivision two of this section shall
 not cause such officer's or employee's salary to exceed the job rate  of
 any such lower graded position at salary grade.
   §  5. Compensation for certain state employees in the state university
 and certain employees of contract colleges at Cornell and Alfred univer-
 sities. 1. Effective April 1, 2016, April 1, 2017 and April 1, 2018, the
 basic annual salary of  incumbents  of  positions  in  the  professional
 service  in  the  state  university  that are designated, stipulated, or
 excluded from negotiating units as managerial or confidential as defined
 pursuant to article 14 of the civil service law, may be increased pursu-
 ant to plans approved by the state university trustees.  Such  increases
 in  basic  annual  salary  rates  shall  not exceed in the aggregate two
 percent (general salary increase for 2016, pursuant to this chapter)  of
 the  total  basic  annual salary rates in effect on March 31, 2016, four
 percent, consisting of two percent (pursuant to the parity pay  increase
 provided  by  part  H of chapter 55 of the laws of 2015) and two percent
 (general salary increase for 2017, pursuant to  this  chapter),  of  the
 total  basic  annual  salary rates in effect on March 31, 2017 and three
 percent, consisting of one percent (pursuant to the parity pay  increase
 provided  by  part  H of chapter 55 of the laws of 2015) and two percent
 (general salary increase for 2018, pursuant to  this  chapter),  of  the
 total basic annual salary rates in effect on March 31, 2018.
   2. Effective April 1, 2016, April 1, 2017 and April 1, 2018, the basic
 annual  salary  of incumbents of positions in the institutions under the
 management and control of Cornell and Alfred universities  as  represen-
 tatives  of  the  board of trustees of the state university that, in the
 opinion of the director of employee relations, would be designated mana-
 gerial or confidential were they subject to  article  14  of  the  civil
 service  law  may  be  increased pursuant to plans approved by the state
 university trustees. Such increases in basic annual salary  rates  shall
 not  exceed  in  the  aggregate two percent (general salary increase for
 2016, pursuant to this chapter) of the total basic annual  salary  rates
 in  effect  March  31,  2016,  four  percent,  consisting of two percent
 (pursuant to the parity pay increase provided by part H of chapter 55 of

 A. 4542                            17
 
 the laws of 2015) and two percent (general  salary  increase  for  2017,
 pursuant  to  this  chapter),  of the total basic annual salary rates in
 effect on March 31, 2017 and three percent, consisting  of  one  percent
 (pursuant to the parity pay increase provided by part H of chapter 55 of
 the  laws  of  2015)  and two percent (general salary increase for 2018,
 pursuant to this chapter), of the total basic  annual  salary  rates  in
 effect on March 31, 2018.
   3.  During  the period April 1, 2016 through March 31, 2019, the basic
 annual salary of incumbents of positions in the non-professional service
 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, except those positions in the Cornell service and
 maintenance  unit that are subject to the terms of a collective bargain-
 ing agreement between Cornell university and the  employee  organization
 representing  employees  in such positions and except those positions in
 the Alfred service and maintenance unit that are subject to the terms of
 a collective bargaining agreement  between  Alfred  university  and  the
 employee  organization  representing  employees  in  such  positions, in
 institutions under the management and  control  of  Cornell  and  Alfred
 universities  as  representatives  of the board of trustees of the state
 university may be increased pursuant to  plans  approved  by  the  state
 university  trustees.  Such plans may include new salary schedules which
 shall supersede the salary schedules then in effect applicable  to  such
 employees.  Such plans shall provide for increases in basic annual sala-
 ries, which, exclusive of  performance  advancement  payments  or  merit
 recognition  payments,  shall  not  exceed  in the aggregate two percent
 (general salary increase for 2016, pursuant  to  this  chapter)  of  the
 total  basic  annual  salary  rates  in  effect  on March 31, 2016, four
 percent, consisting of two percent (pursuant to the parity pay  increase
 provided  by  part  H of chapter 55 of the laws of 2015) and two percent
 (general salary increase for 2017, pursuant to  this  chapter),  of  the
 total  basic  annual  salary rates in effect on March 31, 2017 and three
 percent, consisting of one percent (pursuant to the parity pay  increase
 provided  by  part  H of chapter 55 of the laws of 2015) and two percent
 (general salary increase for 2018, pursuant to  this  chapter),  of  the
 total basic annual salary rates in effect on March 31, 2018.
   4.  For  the  purposes  of this section, the basic annual salary of an
 employee is that salary that is obtained through direct appropriation of
 state moneys for the purpose of paying wages. Nothing in this part shall
 prevent increasing amounts paid to incumbents of such positions  in  the
 professional  service  in addition to the basic annual salary, provided,
 however, that the amounts required for such increase  and  the  cost  of
 fringe  benefits  attributable  to  such  increase, as determined by the
 comptroller, are made available to the  state  in  accordance  with  the
 procedures established by the state university, with the approval of the
 director of the budget, for such purposes.
   5.  Notwithstanding any of the foregoing provisions of this section or
 any law to the contrary, any increase in compensation may be withheld in
 whole or in part from any employee to whom the provision of this section
 apply pursuant to section fourteen of this act.
   § 6. Location compensation for certain state officers and employees.
   1. This section shall apply to all  full-time  annual  salaried  state
 officers  and  employees and non-annual salaried seasonal state officers
 and employees except the following:
   (a) officers and employees  of  the  legislature  and  the  judiciary,
 including  officers and employees of boards, bodies and commissions that

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 are deemed to be part of the legislature or judiciary for  the  purposes
 of section 49 of the state finance law;
   (b)  officers and employees whose salaries are prescribed by or deter-
 mined in accordance with section 40, 60, 169, 215 or 216 of  the  execu-
 tive law;
   (c)  incumbents  of  allocated or unallocated positions in the profes-
 sional service in the state university and  in  institutions  under  the
 management  and  control of Cornell and Alfred universities as represen-
 tatives of the board of trustees of the state university;
   (d) officers and employees who are in recognized or certified  collec-
 tive negotiating units pursuant to article 14 of the civil service law.
   2.  Notwithstanding the provisions of section 15 of chapter 333 of the
 laws of 1969, as amended, officers and employees subject to this section
 whose principal place of employment or, in the case of field  employees,
 whose  official station as determined in accordance with the regulations
 of the comptroller is located: (a) in the county of Monroe and who  were
 eligible  to  receive  location  pay  on  March  31, 1985, shall receive
 location pay at the rate of two hundred dollars per year  provided  they
 continue to be otherwise eligible.
   (b)  in  the city of New York, or in the county of Rockland, Westches-
 ter, Nassau, or Suffolk shall continue to receive a downstate adjustment
 at the rate of three thousand twenty-six dollars  effective  October  1,
 2008.
   (c)  in  the  county  of Dutchess, Orange, or Putnam shall continue to
 receive a mid-Hudson adjustment at the rate of one thousand five hundred
 thirteen dollars effective October 1, 2008. Such location payments shall
 be in addition to and shall not be a part of an employee's basic  annual
 salary,  and shall not affect or impair any advancements or other rights
 or benefits to which an employee  may  be  entitled  by  law,  provided,
 however,  that  location  payments shall be included as compensation for
 purposes of computation of overtime pay  and  for  retirement  purposes.
 For  the  sole  purpose  of  continuing  eligibility for location pay in
 Monroe county, an employee previously eligible to receive  location  pay
 on March 31, 1985 who is on an approved leave of absence or participates
 in  an  employer  program  to  reduce to part-time service during summer
 months shall continue to be eligible for said location pay  upon  return
 to full-time state service in Monroe county.
   §  7.  Continuation  of location compensation for certain officers and
 employees of  the  Hudson  Valley  developmental  disabilities  services
 office.  1. Notwithstanding any law, rule or regulation to the contrary,
 any officer or employee of the Hudson Valley developmental  disabilities
 services  office  not represented in collective negotiating units estab-
 lished pursuant to article 14 of the civil service law who is  receiving
 location  pay  pursuant  to section 5 of chapter 174 of the laws of 1993
 shall continue to receive such location pay under the conditions and  at
 the rates specified by such section.
   2. Notwithstanding section seven of this act or any other law, rule or
 regulation to the contrary, any officer or employee of the Hudson Valley
 developmental disabilities services office not represented in collective
 negotiating  units  established  pursuant  to  article  14  of the civil
 service law who is receiving location pay pursuant to said section seven
 of this act shall continue to be eligible for such location pay if  such
 officer's  or  employee's  principal place of employment is changed to a
 location outside of the county of Rockland as the result of a  reduction
 or  redeployment  of  staff,  provided,  however,  that  such officer or
 employee is reassigned to  or  otherwise  appointed  or  promoted  to  a

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 different  position  at  another work location within such Hudson Valley
 developmental disabilities services office located outside of the county
 of Rockland. The rate of such continued location pay  shall  not  exceed
 the rate such officer or employee is receiving on the date of such reas-
 signment, appointment, or promotion.
   §  8.  Overtime meal allowance. Notwithstanding any other provision of
 law to the contrary, individuals in positions in the classified  service
 of  the state of New York designated managerial or confidential pursuant
 to article 14 of the civil  service  law,  shall  continue  to  receive,
 effective  April  1,  2011,  an overtime meal allowance in the amount of
 $5.50 pursuant to eligibility guidelines developed by  the  director  of
 employee relations.
   §  9. Notwithstanding any provision of law to the contrary, the appro-
 priations contained in this act shall be available to the state for  the
 payment  of grievance settlements and awards pursuant to executive order
 42, dated October 14, 1970, and title 9, part 560, official  compilation
 of codes, rules and regulations of the state of New York.
   §  10. Use of appropriations. The comptroller is authorized to pay any
 amounts required during  the  fiscal  years  commencing  April  1,  2016
 through  March  31, 2018 by the foregoing provisions of this act for any
 state department or agency from any appropriation or other funds  avail-
 able  to  such  state  department  or agency for personal service or for
 other related employee benefits during such fiscal year. To  the  extent
 that  such appropriations in any fund are insufficient to accomplish the
 purposes herein set forth, the director of the budget is  authorized  to
 allocate  to  the  various  departments and agencies, from any appropri-
 ations available in any fund, the amounts necessary to pay such amounts.
   § 11. Effect of participation in special annuity program.  No  officer
 or  employee  participating in a special annuity program pursuant to the
 provision of article 8-C 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 that 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 such article.
   § 12. Date of entitlement to  salary  increases.  Notwithstanding  the
 provisions  of  this act or of any other law, the increases 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  nearest  to
 the  effective date of such increases 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 dates of such increases as
 provided in this act, provided, however, that for the purposes of deter-
 mining  the  salary  of  such officer or employee upon reclassification,
 reallocation, appointment, promotion, transfer, demotion,  reinstatement
 or  other  change of status, such salary increases 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, shall not operate to confer any additional salary
 rights or benefits on such officer or employee.  Payment of such  salary
 increases may be deferred pursuant to section thirteen of this act.
   §  13.  Deferred  payment  of  salary  increase.  Notwithstanding  the
 provisions of any other section of this act or any  other  provision  of
 law  to  the contrary, pending payment pursuant to this act of the basic
 annual salaries of incumbents of positions subject  to  this  act,  such

 A. 4542                            20
 
 incumbents shall receive, as partial compensation for services rendered,
 the  rate  of  salary  and other 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, 2016, until the time
 when basic annual salaries and other compensation  due  are  first  paid
 pursuant to this act for such services in excess of the salary and other
 compensation actually received therefor, shall be entitled to a lump sum
 payment  for the difference between the salary and other compensation to
 which such incumbent is entitled for such services and  the  salary  and
 other compensation actually received.
   §  14.  1. Notwithstanding the provisions of any other section of this
 act or any other provision of law  to  the  contrary,  any  increase  in
 compensation  provided:  (a)  in  this  act,  or  (b)  as  a result of a
 promotion, appointment, or advancement to a position in a higher  salary
 grade,  or (c) pursuant to paragraph (c) of subdivision 6 of section 131
 of the civil service law, or (d) pursuant to paragraph (b)  of  subdivi-
 sion 8 of section 130 of the civil service law, or (e) pursuant to para-
 graph  (a)  of subdivision 3 of section 13 of chapter 732 of the laws of
 1988, as amended, may be withheld in whole or in part from  any  officer
 or  employee  when,  in  the opinion of the director of the budget, such
 withholding is necessary to reflect the job performance of such  officer
 or employee, or to maintain appropriate salary relationships among offi-
 cers  or  employees  of  the  state,  or to reduce state expenditures to
 acceptable levels or when, in the opinion of the director of the budget,
 such increase is not warranted or is not appropriate.  Nothing  in  this
 act  shall  alter  the authority of the director of budget to withhold a
 parity pay increase in accordance with the authority for such action  as
 granted  the  director  of budget by part H of chapter 55 of the laws of
 2015. However, the obligation to provide notice of denial of a  full  or
 partial  parity  payment, and the right to contest such denial, pursuant
 to paragraph d of subdivision 5 of section 3 of part H of chapter 55  of
 the  laws  of  2015  shall  continue  with  respect  to  the  parity pay
 increases, referenced in this act, that were originally enacted pursuant
 to part H of chapter 55 of the laws of 2015.  As a result of an exercise
 of the director's authority under this act, or part H of chapter  55  of
 the  laws  of  2015,  to withhold any increase, such salary schedules as
 defined in section one of this act shall be implemented and/or  modified
 by  the  director  of  the  budget,  as  necessary,  consistent with the
 provision or withholding of such increases pursuant to this section.
   2. Notwithstanding the provisions of any other section  of  this  act,
 the  salary  increases provided for in this act shall not be implemented
 until the director of the budget delivers notice to the comptroller that
 such amounts may be paid.
   § 15. Notwithstanding any provision of the state finance  law  or  any
 other  provision  of  law  to  the contrary, the sum of one hundred nine
 million dollars ($109,000,000) is hereby  appropriated  in  the  general
 fund/state  purposes  account (10050) in miscellaneous-all state depart-
 ments and agencies 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 through March 31, 2018 to supplement
 appropriations  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 chairman of the senate finance committee

 A. 4542                            21
 
 and the chairman of the assembly ways and means committee.   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, 2016 through March 31, 2018.  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, 2018.
   § 16. 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,  2016 through March 31, 2018 to supplement appropriations from
 each respective fund available for personal service, other than personal
 service and fringe benefits, and to carry out  the  provisions  of  this
 act. 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 chairman of the senate finance
 committee and the chairman of the assembly ways and means committee.
 
                    ALL STATE DEPARTMENTS AND AGENCIES
                             SPECIAL PAY BILLS
 
   General Fund / State Operations
   State Purposes Account - 003
 
              Nonpersonal Service
 
 Family benefits .................... 310,000
 Medical flexible spending account .. 500,000
 Pre-tax transportation benefit ..... 550,000
 Employee Training and  Profes-
   sional Development ............. 1,018,000
 Uniform allowance .................. 245,000
 Tuition reimbursement .............. 250,000
 M/C share of negotiated programs ... 570,000
 
   §  17.  This  act shall take effect immediately and shall be deemed to
 have been in full force and effect on and after April 1, 2016. Appropri-
 ations made by this act shall  remain  in  full  force  and  effect  for
 liabilities incurred through March 31, 2018.
   REPEAL NOTE.--Paragraph d of subdivision 1 of section 130 of the civil
 service law, repealed by section one of this act, provided salary sched-
 ules for state employees designated managerial and confidential pursuant
 to article 14 of the civil service law and is replaced by revised salary
 schedules in a new paragraph d.
   REPEAL  NOTE.--Subdivision  1  of  section  19  of the correction law,
 repealed by section two of  this  act,  provided  salary  schedules  for
 superintendents  of  correctional  facilities and is replaced by revised
 salary schedules in a new subdivision 1.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part contained  in  any  part  of  this  act  shall  be
 adjudged  by  any  court  of  competent jurisdiction to be invalid, such
 judgment shall not affect, impair, or invalidate the remainder  thereof,
 but  shall  be  confined in its operation to the clause, sentence, para-
 graph, subdivision, section  or  part  contained  in  any  part  thereof
 directly involved in the controversy which such judgment shall have been
 rendered. It is hereby declared to be the intent of the legislature that

 A. 4542                            22
 
 this act would have been enacted even if such invalid provisions had not
 been included herein.
   §  3.  This  act shall take effect immediately provided, however, that
 the applicable effective date for Parts A through B of this act shall be
 as specifically set forth in the last section of such Part.