S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6494
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 25, 2017
                                ___________
 
 Introduced by Sen. GOLDEN -- (at request of the Office of Court Adminis-
   tration)  --  read  twice  and ordered printed, and when printed to be
   committed to the Committee on Judiciary
 
 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 collective
 bargaining agreements have been negotiated by the unified  court  system
 with   employee  organizations  representing  nonjudicial  officers  and
 employees in the following negotiating units: Suffolk county,  New  York
 city  administrative,  librarian,  clerical  and  support, New York city
 administrative services, ninth judicial district, citywide  law  assist-
 ants,  New  York  city  senior  court  attorneys and New York city court
 reporters. The purpose of this act is to implement these agreements  and
 any  other  collective  bargaining  agreement  negotiated by the unified
 court system with an employee organization where,  pursuant  to  section
 five  of this act, the chief administrator of the courts has delivered a
 certificate to the comptroller that such collective bargaining agreement
 is in effect. References in this act to the unified court system's clas-
 sification structure shall mean the classification structure established
 by the chief administrator on May 28, 1979, as amended since that  date.
 Reference to the April, 2015 salary schedule shall mean the salary sche-
 dule  promulgated  by  the chief administrator of the courts pursuant to
 subdivision (b) of section 2 of chapter 400 of the laws of 2014.  Refer-
 ences  to the April, 2016 salary schedule, the April, 2017 salary sched-
 ule and the April, 2018 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11816-01-7

 S. 6494                             2
 
   (a) Effective April 1, 2016, each of the rates of pay  established  by
 the April, 2015 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, 2016
 salary schedule (rounded up to the nearest dollar);
   (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;
   (4) the longevity rate for each grade shall equal the maximum rate for
 such  grade, as increased by paragraph (1) of this subdivision, plus the
 amount of the increment for such grade; and
   (5) the extra-longevity rate for each grade shall equal the  longevity
 rate  for such grade, as increased by paragraph (4) of this subdivision,
 plus the amount of the increment for such grade.
   (b) 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);
   (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);
   (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;
   (4) the longevity rate for each grade shall equal the maximum rate for
 such  grade, as increased by paragraph (1) of this subdivision, plus the
 amount of the increment for such grade; and
   (5) the extra-longevity rate for each grade shall equal the  longevity
 rate  for such grade, as increased by paragraph (4) of this subdivision,
 plus the amount of the increment for such grade.
   (c) 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);
   (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;

 S. 6494                             3
 
   (4) the longevity rate for each grade shall equal the maximum rate for
 such  grade, as increased by paragraph (1) of this subdivision, plus the
 amount of the increment for such grade; and
   (5)  the extra-longevity rate for each grade shall equal the longevity
 rate for such grade, as increased by paragraph (4) of this  subdivision,
 plus the amount of the increment for such grade.
   § 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 any collective negotiating unit of
 nonjudicial officers and employees of the unified  court  system  where,
 pursuant  to  section  five  of this act, the chief administrator of the
 courts has delivered to the comptroller a certificate that  an  employee
 organization  representing  nonjudicial  officers  and employees in such
 unit has negotiated a collective bargaining agreement with  the  unified
 court  system  that  is  in  effect,  or that is in any of the following
 collective negotiating units, shall receive  increased  compensation  in
 accordance  with  this  section:  (1)  Suffolk county, (2) New York city
 administrative, librarian, clerical  and  support,  (3)  New  York  city
 administrative  services,  (4) ninth judicial district, (5) citywide law
 assistants, (6) New York city senior court attorneys, and (7)  New  York
 city  court  reporters. Bonuses 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 fourteen of the civil service law,
 to accrue annual and sick leave credits. Bonuses  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:
   (i) no nonjudicial officer or employee shall receive a full or partial
 increment or bonus 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 in an agreement specified in section one of  this  act,
 nor  shall  any nonjudicial officer or employee receive a bonus provided
 in this section where he or she, as  of  the  date  on  which  this  act
 becomes  a  law,  already  has received that bonus pursuant to law other
 than a provision of this act;
   (ii) any full or partial increment received by a nonjudicial office or
 employee effective April 1, 2016 or 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 any  of
 such dates pursuant to a provision of this act;
   (iii)  service  in  the  employ of the unified court system shall mean
 service in one or more courts or agencies of the unified  court  system,
 whether as a judge or as a nonjudicial officer or employee. In order for
 a  nonjudicial  officer  or employee's years of service in the employ of
 the unified court system to be "continuous," he or she must have  served
 the equivalent of 120 workdays in each of those years; and the number of
 years  required  to qualify for a bonus hereunder must be served consec-
 utively except that they may be interrupted by one or more breaks of not

 S. 6494                             4
 
 more than one year each, attributable to a period of  time  between  any
 separation  from  his or her position in the employ of the unified court
 system and resumption of service in such employ.
   (b) Effective April 1, 2016:
   (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, 2015 salary schedule.
   (2)  Each such nonjudicial officer and employee shall be placed in his
 or her grade on the April, 2016 salary schedule in the  manner  provided
 as follows:
   (i)  If  his  or  her basic annual salary under the April, 2015 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, maximum,  longevity  or
 extra-longevity  rate  of  compensation of the grade of his or her posi-
 tion, that basic annual salary shall be increased to  the  corresponding
 rate  of  compensation  in  such grade as established by the April, 2016
 salary schedule; or
   (ii) If his or her basic annual salary under the  April,  2015  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, maximum, longevity or
 extra-longevity rate of compensation of the grade of his  or  her  posi-
 tion,  that basic annual salary shall be increased by an amount equaling
 2 percent thereof (and then rounded up to the nearest dollar);
   Notwithstanding the foregoing, where operation of  the  provisions  of
 this paragraph would result in a nonjudicial officer or employee receiv-
 ing  an increase in basic annual salary of less than 1,000 dollars, such
 nonjudicial officer or employee shall be placed in his or her  grade  on
 the  April,  2016  salary  schedule  at  his or her basic annual salary,
 including any increase pursuant to paragraph (1)  of  this  subdivision,
 plus 1,000 dollars.
   (3)  Each  such  nonjudicial officer and employee in the employ of the
 unified court system having at least 20 years of continuous  service  in
 the  employ  of  the  unified  court system as of the preceding March 31
 shall receive a bonus equaling: (i) 1,900 dollars, if he or she has less
 than 25 years of such service as of such date; or (ii) 2,000 dollars, if
 he or she has at least 25 but less than 30 years of such service  as  of
 such date; or (iii) 2,100 dollars, if he or she has at least 30 years of
 such service as of such date.
   (c) 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, maximum,  longevity  or
 extra-longevity  rate  of  compensation of the grade of his or her posi-

 S. 6494                             5
 
 tion, 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, maximum,  longevity  or
 extra-longevity  rate  of  compensation of the grade of his or her posi-
 tion, that basic annual salary shall be increased by an amount  equaling
 2 percent thereof (and then rounded up to the nearest dollar);
   Notwithstanding  the  foregoing,  where operation of the provisions of
 this paragraph would result in a nonjudicial officer or employee receiv-
 ing an increase in basic annual salary of less than 1,000 dollars,  such
 nonjudicial  officer  or employee shall be placed in his or her grade on
 the April, 2017 salary schedule at  his  or  her  basic  annual  salary,
 including  any  increase  pursuant to paragraph (1) of this subdivision,
 plus 1,000 dollars.
   (3) Each such nonjudicial officer and employee in the  employ  of  the
 unified  court  system having at least 20 years of continuous service in
 the employ of the unified court system as  of  the  preceding  March  31
 shall receive a bonus equaling: (i) 1,950 dollars, if he or she has less
 than 25 years of such service as of such date; or (ii) 2,050 dollars, if
 he  or  she has at least 25 but less than 30 years of such service as of
 such date; or (iii) 2,150 dollars, if he or she has at least 30 years of
 such service as of such date.
   (d) 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, maximum, longevity or
 extra-longevity rate of compensation of the grade of his  or  her  posi-
 tion,  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, 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, maximum,  longevity  or
 extra-longevity  rate  of  compensation of the grade of his or her posi-
 tion, that basic annual salary shall be increased by an amount  equaling
 2 percent thereof (and then rounded up to the nearest dollar).
   Notwithstanding  the  foregoing,  where operation of the provisions of
 this paragraph would result in a nonjudicial officer or employee receiv-
 ing an increase in basic annual salary of less than 1,000 dollars,  such
 nonjudicial  officer  or employee shall be placed in his or her grade on
 the April, 2018 salary schedule at  his  or  her  basic  annual  salary,
 including  any  increase  pursuant to paragraph (1) of this subdivision,
 plus 1,000 dollars.

 S. 6494                             6

   (3) Each such nonjudicial officer and employee in the  employ  of  the
 unified  court  system having at least 20 years of continuous service in
 the employ of the unified court system as  of  the  preceding  March  31
 shall receive a bonus equaling: (i) 2,000 dollars, if he or she has less
 than 25 years of such service as of such date; or (ii) 2,100 dollars, if
 he  or  she has at least 25 but less than 30 years of such service as of
 such date; or (iii) 2,200 dollars, if he or she has at least 30 years of
 such service as of such date.
   § 4. Location pay.
   (a) Notwithstanding any other provision of law, any nonjudicial  offi-
 cer  or  employee  to  whom  the provisions of section three of this act
 apply and whose principal place of employment is  in  the  city  of  New
 York,  Nassau  county,  Rockland  county,  Suffolk county or Westchester
 county shall receive location pay as follows:
   (1) at the annual rate applicable to such officer or employee on April
 1, 2015, commencing April 1, 2016;
   (2) at a rate of 4,000 dollars annually, commencing April 1, 2018;
   (3) at a rate of 4,100 dollars annually, commencing October  1,  2018;
 and
   (4) at a rate of 4,200 dollars annually, commencing March 31, 2019.
   (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, 2016, 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 or employee to whom the provisions of section three of this
 act applies shall receive location  pay.  Any  location  pay  authorized
 hereunder  shall be in addition to and shall not be a part of an employ-
 ee's basic annual salary and shall not  impair  rights  or  benefits  to
 which  an  employee  may  be  entitled  by  law; provided, however, that
 location pay shall be included as compensation for purposes of  computa-
 tion  of  overtime  pay  and for retirement purposes.   Location pay, as
 provided in this section, shall be prorated for any nonjudicial  officer
 or  employee to whom the provisions of section three of this act applies
 and whose position is part-time, but not compensated on a  per  diem  or
 hourly basis.
   §  5. Application of this act to nonjudicial officers and employees of
 the unified court system in other negotiating units. In the event  that,
 on  or  after the date on which this section shall become law, a collec-
 tive 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 state negoti-
 ating unit, the chief administrator of the courts, with the agreement of
 such employee organization, shall deliver to the comptroller  a  certif-
 icate  that  such collective bargaining agreement is in effect where the
 provisions of sections three and four of this act are provided for ther-
 ein.
   § 6. Collective  bargaining  agreement  required.  The  provisions  of
 sections  three and four of this act shall not be implemented for nonju-
 dicial officers and employees in a collective  negotiating  unit  estab-
 lished  pursuant  to article fourteen of the civil service law until the

 S. 6494                             7
 
 chief administrator 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  fourteen  of the civil service law which provides therefor;
 and any increase in compensation, including increases  in  basic  annual
 salary,  increments  or  partial  increments  or  bonuses,  provided  by
 sections three and four of this act or otherwise authorized by law 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  to  salary increase. Notwithstanding the
 provisions of this act or any other law,  each  increase  in  salary  or
 compensation  for nonjudicial 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,  2016,  and
 pending  payment  pursuant  to  this act of the basic annual salaries of
 incumbents of positions subject to this act commencing  April  1,  2016,
 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,
 2016 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, 2016.