S T A T E O F N E W Y O R K
________________________________________________________________________
7783
2017-2018 Regular Sessions
I N A S S E M B L Y
May 15, 2017
___________
Introduced by M. of A. ABBATE -- read once and referred to the Committee
on Governmental Employees
AN ACT to amend the civil service law, in relation to geographic pay
differentials for state employees
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 130 of the civil service law, as
amended by chapter 74 of the laws of 2000, is amended to read as
follows:
7. Geographic pay differentials. [Whenever the director finds that
under community wage practices in private or other public employment in
one or more areas or locations, wage rates of employees in a given occu-
pation are substantially higher than the wage rates paid by the state,
he may, subject to the approval of the director of the budget, authorize
a pay differential to be added as an adjustment to the hiring rate, the
job rate and the longevity steps of the salary grade or grades for the
same or related occupations in the state service in such areas or
locations. A pay differential under this subdivision shall be a
percentage or a fixed dollar amount as prescribed in each case by the
director of the classification and compensation division subject to
approval of the director of the budget. Such differentials shall be paid
to employees whose basic annual salary is at or below the unadjusted job
rate of the salary grade or at or below the unadjusted longevity step of
the salary grade to which the employees are entitled based on the crite-
ria specified in subdivision three of this section. Those employees
whose basic annual salary is above the unadjusted job rate for the sala-
ry grade and who are not entitled to be paid at a longevity step shall
receive a portion of the differential sufficient to increase their sala-
ry to the adjusted job rate. Those employees whose basic annual salary
is above the unadjusted longevity step to which they are entitled shall
receive a portion of the differential sufficient to increase their sala-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11549-02-7
A. 7783 2
ry to such longevity step as adjusted by the differential. Such differ-
entials shall be in addition to and shall not be part of an employee's
basic annual salary, and shall not affect or impair any performance
advancement payments, performance awards, longevity payments or other
rights or benefits to which an employee may be entitled under the
provisions of this chapter, provided, however, that any differential
payable pursuant to this subdivision shall be included as compensation
for retirement purposes. A pay differential shall be terminated for any
employee when he ceases to be employed in the position, or area or
location for which such pay differential was authorized. A pay differen-
tial shall remain in effect until terminated by the director of the
classification and compensation division, with the consent of the direc-
tor of the budget or until a new pay differential is authorized pursuant
to this subdivision. The director of the budget may adopt such regu-
lations as he may deem necessary to carry out the provisions of this
subdivision. Employees who on April first, nineteen hundred seventy-nine
are receiving additional compensation as a result of a previous determi-
nation to authorize a geographic area pay differential shall continue to
receive such additional compensation while employed in the position for
which such differential was authorized.] BY APRIL FIRST OF EACH YEAR,
THE DIRECTOR SHALL IMPLEMENT GEOGRAPHIC PAY DIFFERENTIALS IDENTICAL TO
THE LOCALITY PAY ADJUSTMENTS OF THE FEDERAL GOVERNMENT WHICH TAKE EFFECT
ON OR ABOUT JANUARY FIRST OF THAT YEAR.
§ 2. This act shall take effect on the sixtieth day after it shall
have become a law.