S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9665
 
                           I N  A S S E M B L Y
 
                             January 30, 2018
                                ___________
 
 Introduced  by M. of A. ABBATE, DINOWITZ -- (at request of the Office of
   Court Administration) -- read once and referred to  the  Committee  on
   Governmental Employees
 
 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 New York City court clerks  negotiating  unit.  The
 purpose of this act is to implement this agreement and any other collec-
 tive bargaining agreement negotiated by the unified court system with an
 employee  organization where, pursuant to section three of this act, the
 chief administrator of the courts has delivered  a  certificate  to  the
 comptroller that such collective bargaining agreement is in effect.
   §  2.  Annual  maintenance  allowance.  Each  nonjudicial  officer and
 employee of the unit who is required by the unified court system to wear
 an employer-approved blazer while performing the duties of  his  or  her
 position shall be entitled to receive an annual maintenance allowance in
 an amount, as follows:
   (a) for the fiscal year commencing April 1, 2018, $925;
   (b) for the fiscal year commencing April 1, 2019, $1,000;
   (c) for the fiscal year commencing April 1, 2020, $1,200.
   Annual  maintenance allowances as provided in this section shall be in
 addition to and shall not be a part of an employee's basic annual  sala-
 ry;  provided,  however,  they  shall  be  included  as compensation for
 retirement purposes.
   § 3. Application of this act to nonjudicial officers and employees  of
 the unified court system in other negotiating units. In the event that a
 collective  bargaining  agreement  is  negotiated  by  the unified court
 system pursuant to article fourteen of the civil  service  law  with  an
 employee organization representing nonjudicial officers and employees of
 the  unified  court system in a negotiating unit other than the New York
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14481-01-8

 A. 9665                             2
 
 City court clerks negotiating  unit,  the  chief  administrator  of  the
 courts,  with the agreement of such employee organization, shall deliver
 to the comptroller a certificate that such collective bargaining  agree-
 ment  is  in  effect where the provisions of section two of this act are
 provided for therein.
   § 4. Collective  bargaining  agreement  required.  The  provisions  of
 section  two  of this act shall not be implemented for nonjudicial offi-
 cers and employees in a collective negotiating unit established pursuant
 to article fourteen of the civil service law until the chief administra-
 tor of the courts shall deliver to the comptroller  a  certificate  that
 there  is  in  effect  with  respect  to such negotiating unit a written
 collective bargaining agreement with the state pursuant to article four-
 teen of the civil service law which provides therefor; and any  increase
 in compensation provided by section two of this act or otherwise author-
 ized  by law, shall not preclude any other increases in compensation for
 such a nonjudicial officer or employee as may be authorized by law.
   §  5.  Deferred  payment  of  salary  increase.  Notwithstanding   the
 provisions  of  this act or any other law, commencing April 1, 2017, and
 pending payment pursuant to law of the basic annual salaries  of  incum-
 bents  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 position  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, except that such lump sum payment shall not
 be  made, nor shall any lump sum payment pursuant to any other provision
 of law be made to any employee or former employee serving in a  position
 in the New York City court clerks negotiating unit between April 1, 2014
 and  April  1,  2017  on account of service in such position, unless the
 legislature has appropriated twenty-eight million dollars to the  admin-
 istrative  office  of the courts for the express purpose of funding such
 lump sum payments, as provided in section six of this act or some  other
 provision of law.
   §  6.  The sum of twenty-eight million dollars ($28,000,000) is hereby
 appropriated out of any moneys in the state treasury in the general fund
 to the credit of the state purposes account, not otherwise appropriated,
 and made immediately available  to  the  administrative  office  of  the
 courts for payment pursuant to this act of the costs and expenses there-
 under necessary during the 2017-18 state fiscal year, including lump sum
 payments  due  employees pursuant to section five of this act on account
 of service during a state fiscal year prior to the 2017-18 fiscal  year;
 provided,  however,  where  provisions  of law require expenditures that
 must be paid from appropriations from funds of the state other than  the
 general  fund  or that, by established administrative practice, are paid
 from such funds, the chief administrator of the courts shall so  certify
 to  the  comptroller,  and  thereupon the appropriation provided in this
 section shall be available for such expenditures.
   § 7. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after April 1, 2017.