S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8102--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 26, 2017
                                ___________
 
 Introduced  by  M. of A. WEINSTEIN, ABBATE, LENTOL -- (at request of the
   Office of Court Administration) --  read  once  and  referred  to  the
   Committee  on Judiciary -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT in relation to terms and  conditions  of  employment  of  certain
   nonjudicial officers and employees of the unified court system
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings. The legislature finds that a  collec-
 tive  bargaining  agreement  has  been  negotiated  by the unified court
 system with an employee organization representing  nonjudicial  officers
 and  employees  in  the state judiciary negotiating unit. The purpose of
 this act is to implement this agreement  and  to  provide  increases  in
 compensation for nonjudicial officers and employees of the unified court
 system  not  in  collective negotiating units. References in this act to
 the unified court system's classification structure shall mean the clas-
 sification structure established  by  the  chief  administrator  of  the
 courts  on  May  28, 1979, as amended since that date. References to the
 April, 2016 salary schedule shall mean the salary  schedule  promulgated
 by  the chief administrator of the courts pursuant to subdivision (c) of
 section 2 of chapter 400 of the laws of 2014. References to  the  April,
 2017  salary  schedule,  the  April, 2018 salary schedule and the April,
 2019 salary schedule shall mean the salary schedules promulgated by  the
 chief administrator pursuant to subdivisions (a), (b) and (c) of section
 two of this act, respectively.
   §  2.  Salary  schedules.  The chief administrator of the courts shall
 promulgate salary schedules, as follows:
   (a) Effective April 1, 2017, each of the rates of pay  established  by
 the April, 2016 salary schedule shall be increased as follows:
   (1)  the  maximum  rate for each grade shall be increased by an amount
 equal to 2 percent thereof (and then rounded up to the nearest dollar);
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11850-03-7

 A. 8102--A                          2
 
   (2) the amount of the increment for each grade shall equal one-seventh
 of the difference (rounded up to the nearest dollar) between the maximum
 rate for such grade, as increased by paragraph (1) of this  subdivision,
 and  102  percent  of  the hiring rate for such grade on the April, 2016
 salary schedule (rounded up to the nearest dollar); and
   (3)  the  hiring,  first,  second, third, fourth, fifth and sixth year
 rates of compensation for each grade shall equal the  maximum  rate  for
 such  grade, as increased by paragraph (1) of this subdivision, minus 7,
 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as
 increased by paragraph (2) of this subdivision, respectively.
   (b) Effective April 1, 2018, each of the rates of pay  established  by
 the April, 2017 salary schedule shall be increased as follows:
   (1)  the  maximum  rate for each grade shall be increased by an amount
 equal to 2 percent thereof (and then rounded up to the nearest dollar);
   (2) the amount of the increment for each grade shall equal one-seventh
 of the difference (rounded up to the nearest dollar) between the maximum
 rate for such grade, as increased by paragraph (1) of this  subdivision,
 and  102  percent  of  the hiring rate for such grade on the April, 2017
 salary schedule (rounded up to the nearest dollar); and
   (3) the hiring, first, second, third, fourth,  fifth  and  sixth  year
 rates  of  compensation  for each grade shall equal the maximum rate for
 such grade, as increased by paragraph (1) of this subdivision, minus  7,
 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as
 increased by paragraph (2) of this subdivision, respectively.
   (c)  Effective  April 1, 2019, each of the rates of pay established by
 the April, 2018 salary schedule shall be increased as follows:
   (1) the maximum rate for each grade shall be increased  by  an  amount
 equal to 2 percent thereof (and then rounded up to the nearest dollar);
   (2) the amount of the increment for each grade shall equal one-seventh
 of the difference (rounded up to the nearest dollar) between the maximum
 rate  for such grade, as increased by paragraph (1) of this subdivision,
 and 102 percent of the hiring rate for such grade  on  the  April,  2018
 salary schedule (rounded up to the nearest dollar); and
   (3)  the  hiring,  first,  second, third, fourth, fifth and sixth year
 rates of compensation for each grade shall equal the  maximum  rate  for
 such  grade, as increased by paragraph (1) of this subdivision, minus 7,
 6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as
 increased by paragraph (2) of this subdivision, respectively.
   § 3. Increases in compensation for persons in allocated positions.
   (a) Each nonjudicial officer and employee of the unified court  system
 in  a position allocated to a salary grade in the unified court system's
 classification structure that is in the state judiciary negotiating unit
 or that is not in any collective negotiating unit  established  pursuant
 to  article 14 of the civil service law, shall receive increased compen-
 sation in accordance with this section. Longevity payments and increases
 to basic annual salary, as provided in this section, shall  be  prorated
 for  any nonjudicial officer or employee whose position is part-time, or
 who otherwise works part-time, and who is eligible, under the  rules  of
 the  chief  judge  of the state or an agreement between the state and an
 employee organization pursuant to the provisions of article  14  of  the
 civil  service  law,  to accrue annual and sick leave credits. Longevity
 payments as provided in this section shall be in addition to  and  shall
 not  be  a part of an employee's basic annual salary; provided, however,
 they shall be included as  compensation  for  retirement  purposes.  For
 purposes of this section:

 A. 8102--A                          3
 
   (i) no nonjudicial officer or employee shall receive a full or partial
 increment  or  longevity  payment  hereunder unless he or she shall have
 received other than an unsatisfactory performance rating for his or  her
 services during the year immediately preceding pursuant to a performance
 evaluation  system  set forth by the chief administrator or in an agree-
 ment specified in section one of this act;
   (ii) any full or partial increment received by a  nonjudicial  officer
 or  employee  effective  April  1,  2017,  pursuant  to law other than a
 provision of this act, shall not be considered when determining:
   (A) a nonjudicial officer or employee's basic annual salary on a spec-
 ified date; and
   (B) whether a nonjudicial officer or employee is eligible to receive a
 full or partial increment of the grade of his or her  position  on  such
 date pursuant to a provision of this act.
   (b) Effective April 1, 2017:
   (1)  Each  such  nonjudicial  officer  and employee who is eligible to
 receive a full or partial increment of the grade of his or her  position
 in  accordance  with  provisions of the judiciary law shall receive such
 full or partial increment, to  be  determined  in  accordance  with  the
 April, 2016 salary schedule.
   (2)  Each such nonjudicial officer and employee shall be placed in his
 or her grade on the April, 2017 salary schedule in the  manner  provided
 as follows:
   (i)  If  his  or  her basic annual salary under the April, 2016 salary
 schedule, including any increase  pursuant  to  paragraph  (1)  of  this
 subdivision,  is  identical  with  the  hiring, first year, second year,
 third year, fourth year, fifth year,  sixth  year  or  maximum  rate  of
 compensation  of  the  grade  of  his or her position, that basic annual
 salary shall be increased to the corresponding rate of  compensation  in
 such grade as established by the April, 2017 salary schedule; or
   (ii)  If  his  or her basic annual salary under the April, 2016 salary
 schedule, including any increase  pursuant  to  paragraph  (1)  of  this
 subdivision,  is not identical with the hiring, first year, second year,
 third year, fourth year, fifth year,  sixth  year  or  maximum  rate  of
 compensation  of  the  grade  of  his or her position, that basic annual
 salary shall be increased by an amount equaling 2 percent  thereof  (and
 then rounded up to the nearest dollar).
   (c) Effective April 1, 2018:
   (1)  Each  such  nonjudicial  officer  and employee who is eligible to
 receive a full or partial increment of the grade of his or her  position
 in  accordance  with  provisions of the judiciary law shall receive such
 full or partial increment, to  be  determined  in  accordance  with  the
 April, 2017 salary schedule.
   (2)  Each such nonjudicial officer and employee shall be placed in his
 or her grade on the April, 2018 salary schedule in the  manner  provided
 as follows:
   (i)  If  his  or  her basic annual salary under the April, 2017 salary
 schedule, including any increase  pursuant  to  paragraph  (1)  of  this
 subdivision,  is  identical  with  the  hiring, first year, second year,
 third year, fourth year, fifth year,  sixth  year  or  maximum  rate  of
 compensation  of  the  grade  of  his or her position, that basic annual
 salary shall be increased to the corresponding rate of  compensation  in
 such grade as established by the April, 2018 salary schedule; or
   (ii)  If  his  or her basic annual salary under the April, 2017 salary
 schedule, including any increase  pursuant  to  paragraph  (1)  of  this
 subdivision,  is not identical with the hiring, first year, second year,

 A. 8102--A                          4
 
 third year, fourth year, fifth year,  sixth  year  or  maximum  rate  of
 compensation  of  the  grade  of  his or her position, that basic annual
 salary shall be increased by an amount equaling 2 percent  thereof  (and
 then rounded up to the nearest dollar).
   (d) Effective April 1, 2019:
   (1)  Each  such  nonjudicial  officer  and employee who is eligible to
 receive a full or partial increment of the grade of his or her  position
 in  accordance  with  provisions of the judiciary law shall receive such
 full or partial increment, to  be  determined  in  accordance  with  the
 April, 2018 salary schedule.
   (2)  Each such nonjudicial officer and employee shall be placed in his
 or her grade on the April, 2019 salary schedule in the  manner  provided
 as follows:
   (i)  If  his  or  her basic annual salary under the April, 2018 salary
 schedule, including any increase  pursuant  to  paragraph  (1)  of  this
 subdivision,  is  identical  with  the  hiring, first year, second year,
 third year, fourth year, fifth year,  sixth  year  or  maximum  rate  of
 compensation  of  the  grade  of  his or her position, that basic annual
 salary shall be increased to the corresponding rate of  compensation  in
 such grade as established by the April, 2019 salary schedule; or
   (ii)  If  his  or her basic annual salary under the April, 2018 salary
 schedule, including any increase  pursuant  to  paragraph  (1)  of  this
 subdivision,  is not identical with the hiring, first year, second year,
 third year, fourth year, fifth year,  sixth  year  or  maximum  rate  of
 compensation  of  the  grade  of  his or her position, that basic annual
 salary shall be increased by an amount equaling 2 percent  thereof  (and
 then rounded up to the nearest dollar).
   (e)  Effective  April  1,  2017 and each April 1 thereafter, each such
 nonjudicial officer and  employee  shall  receive  an  annual  longevity
 payment  as  provided  in subdivision (i) of section 3 of chapter 400 of
 the laws of 2014 where he or she is entitled thereto in accordance  with
 such subdivision.
   § 4. Increases in compensation for persons in unallocated positions.
   (a)  Each nonjudicial officer and employee of the unified court system
 to whom the provisions of section three of this act would apply but  for
 the  fact  that  he  or  she holds a position that is not allocated to a
 salary grade in the  unified  court  system's  classification  structure
 shall  receive  increased  compensation in accordance with this section.
 Increases to basic annual salary, as provided in this section, shall  be
 prorated  for  any  nonjudicial  officer  and employee whose position is
 part-time, or who otherwise works part-time, and who is eligible,  under
 rules  of the chief judge of the state or an agreement between the state
 and an employee organization pursuant to the provisions of article 14 of
 the civil service law to accrue annual and sick leave credits.
   (b) Effective April 1, 2017, the basic  annual  salary  of  each  such
 nonjudicial  officer  and employee shall be increased by an amount equal
 to 2 percent thereof (and then rounded up to the nearest dollar).
   (c) Effective April 1, 2018, the basic  annual  salary  of  each  such
 nonjudicial  officer  and employee shall be increased by an amount equal
 to 2 percent thereof (and then rounded up to the nearest dollar).
   (d) Effective April 1, 2019, the basic  annual  salary  of  each  such
 nonjudicial  officer  and employee shall be increased by an amount equal
 to 2 percent thereof (and then rounded up to the nearest dollar).
   § 5. Location pay. (a) Notwithstanding any other provision of law:
   (1) Effective during the fiscal years commencing on the  dates  speci-
 fied in this paragraph, any nonjudicial officer and employee to whom the

 A. 8102--A                          5
 
 provisions  of section three or four of this act apply and whose princi-
 pal place of employment is in the city of New York or  Nassau,  Suffolk,
 Rockland or Westchester county shall receive location pay at the follow-
 ing rates:
   (i) 3,697 dollars annually, during the fiscal year commencing April 1,
 2017;
   (ii)  4,000  dollars annually, during the fiscal year commencing April
 1, 2018, except that the annual rate of location pay shall be changed to
 4,100 dollars effective October 1, 2018;
   (iii) 4,200 dollars annually, during the fiscal year commencing  April
 1, 2019 and during each fiscal year commencing each April 1 thereafter.
   (2)  Effective  during the fiscal years commencing on the dates speci-
 fied in this paragraph, any nonjudicial officer and employee to whom the
 provisions of section three or four of this act apply and whose  princi-
 pal  place  of  employment is in Dutchess, Putnam or Orange county shall
 receive location pay at the following rates:
   (i) 1,848 dollars annually, during the fiscal year commencing April 1,
 2017;
   (ii) 2,000 dollars annually, during the fiscal year  commencing  April
 1, 2018, except that the annual rate of location pay shall be changed to
 2,050 dollars effective October 1, 2018;
   (iii)  2,100 dollars annually, during the fiscal year commencing April
 1, 2019 and during each fiscal year commencing each April 1 thereafter.
   (3) Effective during the fiscal year  commencing  April  1,  2017  and
 during each fiscal year commencing each April 1 thereafter, any nonjudi-
 cial  officer  and  employee  to whom the provisions of section three or
 four of this act apply and whose principal place  of  employment  is  in
 Monroe county and who was entitled to receive annual location pay pursu-
 ant  to  paragraph (3) of subdivision (a) of section 5 of chapter 400 of
 the laws of 2014, shall continue to receive such  location  pay  in  the
 amount specified in such paragraph.
   (b)  The location pay provided in this section shall be in lieu of any
 other location pay provided by law; except  that,  where  a  nonjudicial
 officer  or  employee  eligible  to receive location pay pursuant to the
 provisions of this section has received location  pay  during  a  fiscal
 year  commencing on or after April 1, 2017, pursuant to law other than a
 provision of this act, the amount of location  pay  authorized  by  this
 section  shall  be  reduced  by  the amount of the location pay that was
 received.
   (c) Except as provided in subdivision (a) of this section, no nonjudi-
 cial officer and employee to whom the provisions  of  section  three  or
 four  of  this  act  apply  shall receive location pay. Any location pay
 authorized hereunder shall be in addition to and shall not be a part  of
 an  employee's  basic annual salary and shall not impair rights or bene-
 fits to which an employee may be entitled  by  law;  provided,  however,
 that  location  pay  shall  be  included as compensation for purposes of
 computation of overtime pay and for retirement purposes.  Location  pay,
 as provided in this section, shall be prorated for any nonjudicial offi-
 cer and employee to whom the provisions of section three or four of this
 act  apply and whose position is part-time, but not compensated on a per
 diem or hourly basis.
   § 6.   Collective bargaining agreement  required.  The  provisions  of
 sections  three,  four and five of this act shall not be implemented for
 nonjudicial officers and employees  in  a  collective  negotiating  unit
 established  pursuant  to  article 14 of the civil service law until the
 chief administrator of the courts shall have  notified  the  comptroller

 A. 8102--A                          6
 
 that  the  members  of  such  negotiating  unit  have ratified a written
 collective bargaining agreement with the state pursuant to article 14 of
 the civil service law which provides therefor and delivered to the comp-
 troller  a  copy  of  such  agreement; and any increase in compensation,
 including increases in basic annual salary, increments or partial incre-
 ments, lump sum payments, or longevity payments,  provided  by  sections
 three, four and five of this act or otherwise authorized by law:
   (a)  may  be withheld in whole or in part from any nonjudicial officer
 and employee not in a collective negotiating unit when in the opinion of
 the chief administrator, such increase is not warranted or is not appro-
 priate; and
   (b) shall not preclude any other increases in compensation for such  a
 nonjudicial officer or employee as may be authorized by law.
   §  7.  Date of entitlement. Notwithstanding the provisions of this act
 or any other law, each increase in salary or compensation  for  nonjudi-
 cial  officers  or  employees provided by this act shall be added to the
 salary or compensation of such officer or employee at the  beginning  of
 the  payroll  period  the first day of which is nearest to the effective
 date of such increase as provided in this act;  provided,  however,  for
 the  purposes of determining the salary of such officer or employee upon
 reclassification,  reallocation,   appointment,   promotion,   transfer,
 demotion,  reinstatement or other change of status, such salary increase
 shall be deemed to be effective on the date  thereof  as  prescribed  in
 this  act,  and the payment thereof pursuant to this section on the date
 prior thereto instead of on such effective date, shall  not  operate  to
 confer  any  additional  salary  rights  or  benefits on such officer or
 employee.
   §  8.  Deferred  payment  of  salary  increase.  Notwithstanding   the
 provisions  of  this act or any other law, commencing April 1, 2017, and
 pending payment pursuant to this act of the  basic  annual  salaries  of
 incumbents  of  positions  subject to this act commencing April 1, 2017,
 such incumbents shall receive,  as  partial  compensation  for  services
 rendered, the rate of compensation otherwise payable in their respective
 positions  pursuant  to law then in effect. An incumbent holding a posi-
 tion subject to this act at any time during the  period  from  April  1,
 2017  until  the time when basic annual salaries are first paid pursuant
 to this act for such service in  excess  of  the  compensation  actually
 received  therefor  shall  be  entitled  to  a  lump sum payment for the
 difference between the salary to which such incumbent  is  entitled  for
 such  service and the compensation actually received therefor. Such lump
 sum payment shall be made as soon as practicable.
   § 9. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017.