Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Mar 03, 2017 |
signed chap.8 |
Feb 22, 2017 |
delivered to governor |
Feb 14, 2017 |
returned to senate passed assembly message of necessity - appropriation ordered to third reading cal.57 substituted for a4542 |
Feb 07, 2017 |
referred to ways and means delivered to assembly passed senate message of necessity - appropriation |
Feb 06, 2017 |
ordered to third reading cal.147 |
Feb 02, 2017 |
referred to rules |
Senate Bill S4067
Signed By Governor2017-2018 Legislative Session
Relates to the compensation, benefits and others terms and conditions of employment of certain state officers and employees; repealer; appropriation
download bill text pdfSponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Signed by Governor
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: Feb 7, 2017
aye (61)- Addabbo Jr.
- Akshar
- Alcantara
- Amedore
- Avella
- Bailey
- Bonacic
- Boyle
- Brooks
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Helming
- Hoylman-Sigal
- Jacobs
- Kaminsky
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Montgomery
- Murphy
- O'Mara
- Ortt
- Parker
- Peralta
- Persaud
- Phillips
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Tedisco
- Valesky
- Young
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Feb 6, 2017 - Rules Committee Vote
S406723Aye0Nay0Aye with Reservations0Absent2Excused0Abstained-
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Rules Committee Vote: Feb 6, 2017
aye (23)excused (2)
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co-Sponsors
(R, C) 44th Senate District
(D) Senate District
(D, WF) 46th Senate District
(R, C, G, IP, SC) Senate District
2017-S4067 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A4542
- Law Section:
- Appropriations
- Laws Affected:
- Rpld §130 sub 1 ¶c sub¶ 1, ¶d, amd §130, Civ Serv L; rpld & add §19 sub 1, Cor L
2017-S4067 (ACTIVE) - Summary
Relates to the compensation, benefits and others terms and conditions of employment of certain state officers and employees; implements agreements between the state and an employee organization; relates to salaries of certain employees; and appropriates $109,000,000 therefor.
2017-S4067 (ACTIVE) - Sponsor Memo
BILL NUMBER: S4067 TITLE OF BILL : 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 thereto; and making an appropriation for the purpose of effectuating certain provisions hereof (Part B) PURPOSE : Part A of this bill would implement the terms of a collective bargaining agreement ("the Agreement"), entered into pursuant to Article 14 of the Civil Service Law ("CSL"), between the Executive Branch of the State of New York and the employee organization representing members of the collective negotiating unit designated as the Professional, Scientific and Technical Services Unit ("PS&T Unit"). Part B of this bill would provide the State's approximately 11,000 annual-salaried unrepresented Executive Branch employees who are
prohibited from collective negotiations by Article 14 of the CSL, including managerial or confidential ("M/C") employees, with the same increases in compensation received by employees represented by employee organizations. SUMMARY OF PROVISIONS : Part A of the Bill: Section 1 of Part A of this bill would repeal subparagraph 1 of CSL § 130(1)(c) and replace it with new subparagraphs 1, 2, and 3 to provide new salary schedules for officers and employees in the PS&T Unit for the period April 2, 2016 to April 1, 2019. Section 2 of Part A of this bill would provide for increases in compensation for covered members of the PS&T Unit, including: (i) a two percent basic annual salary increase effective April 7, 2016 for officers and employees on the administrative payroll, and effective March 31, 2016 for officers and employees on the institutional payroll; (ii) a two percent basic annual salary increase effective April 6, 2017 for officers and employees on the administrative payroll, and effective March 30, 2017 for officers and employees on the institutional payroll; (iii) a two percent basic annual salary increase effective April 5, 2018 for officers and employees on the administrative payroll, and effective March 29, 2018 for officers and employees on the institutional payroll; and (iv) performance advancement payments to covered members of the PS&T Unit pursuant to CSL § 131(6). This section also would give the Director of the Budget and the Director of Employee Relations discretion to withhold all or a portion of a unit members' salary increase, where appropriate or warranted. Section 3 of Part A of this bill would continue existing location compensation for employees whose principal place of employment is located in the counties of Monroe, Rockland, Westchester, Nassau, Suffolk, Dutchess, Putnam, and Orange, or the city of New York. For the county of Monroe, only employees who were eligible on March 31, 1985 to receive location compensation shall be eligible for continued location compensation of $200 per year. Employees in New York City or in the counties of Rockland, Westchester, Nassau or Suffolk continue to receive location compensation at the annual rate of $3,026. Employees in the counties of Dutchess, Putnam or Orange continue to receive location compensation at the annual rate of $1,513. If an employee is on an approved leave of absence for less than one year or participates in an employer program to work part-time during the summer months, prior eligibility for location pay would continue upon return to full-time State service in Monroe County. Section 4 of Part A of this bill would continue location compensation for certain officers and employees of the Hudson Valley Developmental Disabilities Services Office. Section 5 of Part A of this bill would continue special assignment to duty pay in the form of an annual lump sum payment to certain employees in a particular assignment deemed qualified under the terms of the Agreement. This payment will expire on April 1, 2019, unless an extension is negotiated by the parties. Section 6 of Part A of this bill would provide for an annual lump sum payment to longterm seasonal employees in an amount specified by, and subject to, the qualifying criteria established by the Agreement. This payment will expire on March 31, 2019. Section 7 of Part A of this bill would authorize contributions to employee dependent care accounts in amounts and for the time period designated in the Agreement. Section 8 of Part A of this bill would provide for the payment and publication of grievance and arbitration settlements and awards between the State and the employee organization representing employees who are members of the PS&T Unit. Section 9 of Part A of this bill would provide that statewide labor-management committees, administered pursuant to the terms of the Agreement, shall be responsible for studying and making recommendations concerning major issues of productivity, the quality of work life and health benefits, and implementing the agreements reached. Section 10 of Part A of this bill would provide for inconvenience pay to continue at a rate of $575 per year for eligible employees who work four or more hours between the hours of 6:00 p.m. and 6:00 a.m. Section 11 of Part A of this bill would provide for the payment of a lump sum Firearms Training and Safety Incentive to qualified peace officers who are members of the PS&T Unit pursuant to the terms of a program collectively negotiated between the State and the employee organization representing such members. This program will expire on April 1, 2019, unless an extension is negotiated by the parties. Section 12 of Part A of this bill would provide for the payment of a lump sum uniform allowance to certain employees of the Office of Fire Prevention and Control in the Fire Protection Specialist title series if there is a policy in place that requires employees to wear uniforms, in accordance with the terms of a negotiated side letter to the Agreement. This allowance will expire on April 1, 2019, unless an extension is negotiated by the parties. Section 13 of Part A of this bill would require that, prior to any salary increases and benefit modifications provided by this bill, the Director of the Budget and the State Comptroller must receive a letter from the Director of the Governor's Office of-Employee Relations certifying that the Agreement has been ratified by the membership. Section 14 of Part A of this bill would set the date upon which incumbent members of the PS&T Unit would receive the salary increases provided by the Agreement. Section 15 of Part A of this bill would authorize a lump sum payment for retroactive salary increases and compensation modifications deemed in effect on April 1, 2016, as provided for by Part A of this bill. Section 16 of Part A of this bill would authorize the State Comptroller to pay any amounts required by this bill during the fiscal year commencing April 1, 2016 through March 31, 2018 for any state department or agency from any appropriation or other funds available to such state department or agency for personal service or for any other related employee benefits during such fiscal year. To the extent that such appropriations in any fund are insufficient, the Director of the Budget is authorized to allocate to the various departments and agencies, from any appropriations available in any fund, the amounts necessary to pay such amounts. Section 17 of Part A of this bill would provide that employees who participate in a special annuity program under Article 8-C of the Education Law shall not suffer any reduction of the salary adjustment to which they are otherwise entitled under the program, as a result of an increase in compensation provided for in Part A of this bill. Section 18 of Part A of this bill would provide for a lump sum appropriation for personal and non-personal services, and for salary adjustments for use by state departments or agencies, to carry out the provisions of Part A of this bill. Section 19 of Part A of this bill would provide that certain funds for statewide labor management committees are appropriated for use by the state departments' or agencies' Labor Management Committees to carry out the provisions of Part A of this bill. Section 20 of Part A of this bill would require it to become effective immediately, and deem it to have been in full force and effect on and after April 2, 2016. Appropriations made by Part A of this bill would remain in full force and effect for liabilities incurred through March 31, 2018. Part B of the Bill: Section 1 of Part B of this bill would repeal CSL § 130(1)(d) and replace it with .a new paragraph (d), establishing new salary schedules for competitive, noncompetitive, and labor class employees designated M/C, or who are otherwise not in, or excluded from representation rights in, any recognized or certified negotiating unit. Section 2 of Part B of this bill would repeal Correction Law § 19(1) and replace it with a new subdivision 1 providing new salary schedules for superintendents of correctional facilities. Section 3 of Part B of this bill would authorize an increase in basic annual salary of: (i) two percent effective April 1, 2016; (ii) four percent effective April 1, 2017, 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 pursuant to a general salary increase for 2017 in accordance with this bill; and (iii) three percent effective April 1, 2018, 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 pursuant to a general salary increase for 2018 in accordance with this bill. Additionally, this section would provide for performance advances, merit awards and longevity payments for non-statutorily paid employees. Sections 4 and 5 of Part B of this bill would provide salary increases and lump sum payments consistent with the salary increases provided in Section 3 of Part B of this bill for certain State officers and employees in the Division of State Police, certain State employees in the State University of New York, and certain employees of the contract colleges at Cornell and Alfred Universities. Section 6 of Part B of this bill would continue existing location compensation for certain employees whose principal place of employment is located the counties of Monroe, Rockland, Westchester, Nassau, Suffolk, Dutchess, Orange and, Putnam, or the city of New York. For the county of Monroe, only employees hired before March 31, 1985 shall be eligible for continued location compensation of $200 per year. Employees in New York City, or in the counties of Rockland, Westchester, Nassau or Suffolk shall receive location compensation at the annual rate of $3,026. Employees in the counties of Dutchess, Putnam or Orange continue to receive location compensation at the annual rate of $1,513. Section 7 of Part B of this bill would continue location compensation for certain officers and employees of the Hudson Valley Developmental Disabilities Services Office. Section 8 of Part B of this bill would provide for the continuation of an overtime meal allowance for employees covered by this part. Section 9 of Part B of this bill would continue authorization for payment of grievance settlements and awards pursuant to Executive Order No. 42, and title 9, part 560 of the official compilation of codes, rules and regulations of the state of New York, which applies to M/C employees. Section 10 of Part B of this bill would authorize the State Comptroller to make payments required during the fiscal years commencing April 1, 2016 through March 31, 2018 for any state department or agency from any appropriation or other funds available to such state department or agency for personal service or for any other related employee benefits during such fiscal year. To the extent that such appropriations in any fund are insufficient, the Director of the Budget is authorized to allocate to the various departments and agencies, from any appropriations available in any fund, the amounts necessary to pay such amounts. Section 11 of Part B of this bill would provide that employees who participate in a special annuity program under Article 8-C of the Education Law shall not suffer any reduction of the salary adjustment to which they are otherwise entitled under the program, as a result of an increase in compensation provided for in this bill. Section 12 of Part B of this bill would provide that salary increases, pursuant to this bill, shall be effective on the first day of the first pay period nearest to the effective date of any such salary increase. Section 13 of Part B of this bill would authorize a lump sum payment for retroactive salary increases and compensation modifications deemed in effect on April 1, 2016, as provided for by this bill. Section 14 of Part B of this bill would provide that the Director of the Budget may withhold any salary increase in order to: (i) reflect the job performance of an officer or of an employee; (ii) maintain appropriate salary relationships among employees; (iii) reduce state expenditures to acceptable levels; or (iv) determine whether such increase is not warranted or appropriate. Additionally, this section would provide that nothing in this bill shall alter the authority of the Director of the Budget to withhold a parity pay increase in accordance with the authority granted to the Director of the Budget by Part H of Chapter 55 of the Laws of 2015. Further, as a result of an exercise of the Director of the Budget's authority under Part B of this bill, or Part H of Chapter 55 of the Laws of 2015, to withhold any increase, the salary schedules in section one may be implemented and/or modified by the Director of the Budget, consistent with the provision or withholding of salary increases. Section 15 of Part B of this bill would provide for a lump sum appropriation for personal and non-personal services, and for salary adjustments for use by State departments or agencies, to carry out the provisions of this part. Section 16 of Part B of this bill would appropriate additional funding to supplement currently available appropriations to carry out the benefits and training and development programs. In addition, funding is included to cover the pro rata M/C share of negotiated programs. Section 17 of Part B of this bill would require it take effect immediately, and deem it to have been in full force and effect on and after April 1, 2016. Appropriations made by Part B of this bill would remain in full force and effect for liabilities incurred through March 31, 2018. STATEMENT IN SUPPORT : Part A of the Bill: Enactment of Part A of this bill is necessary to implement the provisions of the collective bargaining agreement, negotiated by the Executive Branch of the State of New York with the Public Employees Federation, AFL-CIO, on behalf of members of the PS&T Unit. Approximately 47,000 annual salaried Executive Branch employees are covered by the Agreement, which includes a variety of professional, scientific and technical titles including information technology professionals, nurses, accountants, lawyers, engineers, and physicians. The prior agreement governing these employees expired on April 1, 2016. This new Agreement covers the time period April 2, 2016, to April 1, 2019. Under Article 14 of the CSL, the Agreement is binding on all parties to it. Part A of this bill incorporates the terms of that Agreement related to salary increases and benefit modifications and appropriates funds necessary to pay for it in accordance with the State's obligations. Part B of this Bill: Enactment of Part B of this bill is necessary to establish terms and conditions of employment for approximately 11,000 annual-salaried Executive Branch M/C and other unrepresented employees. Part B of this bill would provide M/C and other unrepresented employees with compensation increases and payments that are comparable to recently negotiated increases and payments for certain represented employees. Such parity is essential to maintain proper salary relationships and mitigate salary compression, assure productivity, maintain good morale, and to allow for the recruitment and retention of competent staff. BUDGET IMPLICATIONS : Part A of this bill would provide appropriations totaling approximately $343 million to pay for the cost of the Agreement during the period April 2, 2016 to March 31, 2018. Part B of this bill would provide appropriations totaling approximately $112 million to pay for its cost during the period April 1, 2016 to March 31, 2018.
2017-S4067 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4067 2017-2018 Regular Sessions I N S E N A T E February 2, 2017 ___________ Introduced by Sens. AMEDORE, TEDISCO -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Rules 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12005-01-7
S. 4067 2 PART A 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 S. 4067 3 (2) EFFECTIVE APRIL SIXTH, TWO THOUSAND SEVENTEEN FOR OFFICERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH THIRTIETH, 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: S. 4067 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. S. 4067 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 S. 4067 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 S. 4067 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- S. 4067 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- S. 4067 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 S. 4067 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 S. 4067 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 S. 4067 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 S. 4067 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 S. 4067 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 S. 4067 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 S. 4067 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 S. 4067 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 S. 4067 18 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 S. 4067 19 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 S. 4067 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 S. 4067 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 S. 4067 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.
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