Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Aug 08, 2017 |
signed chap.165 |
Jul 27, 2017 |
delivered to governor |
Jun 21, 2017 |
returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.693 substituted for a8540 referred to ways and means delivered to assembly passed senate message of necessity - 3 day message ordered to third reading cal.2201 |
Jun 20, 2017 |
referred to rules |
Senate Bill S6818
Signed By Governor2017-2018 Legislative Session
Relates to compensation and other terms and conditions of employment of certain state officers and employees
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: Jun 21, 2017
aye (62)- Addabbo Jr.
- Akshar
- Alcantara
- Amedore
- Avella
- Bailey
- Benjamin
- Bonacic
- Boyle
- Breslin
- 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
- Savino
- Serino
- Serrano
- Seward
- Squadron
- Stavisky
- Stewart-Cousins
- Tedisco
- Valesky
- Young
absent (1)
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Jun 21, 2017 - Rules Committee Vote
S681825Aye0Nay0Aye with Reservations0Absent0Excused0Abstained-
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Rules Committee Vote: Jun 21, 2017
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co-Sponsors
(R, C) 44th Senate District
(R, C, IP) Senate District
(D, WF) 46th Senate District
(R, C, G, IP, SC) Senate District
2017-S6818 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A8540
- Law Section:
- Appropriations
- Laws Affected:
- Amd §§130, 208 & 134, rpld §130 sub 1 ¶a sub¶¶ 1 - 3, Civ Serv L; amd §8, St Fin L; amd §17, Chap 333 of 1969
2017-S6818 (ACTIVE) - Summary
Relates to compensation and other terms and conditions of employment of certain state officers and employees; authorizes funding of joint labor-management committees; implements agreements between the state and an employee organization; relates to salary increases for certain state officers and employees, in relation to rates of pay for certain state employees
2017-S6818 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6818 TITLE OF BILL : An act to amend the civil service law and the state finance law, in relation to compensation and other terms and conditions of employment of certain state officers and employees, to authorize funding of joint labor-management committees, to implement agreements between the state and an employee organization; to amend chapter 333 of the laws of 1969 amending the civil service law and other laws relating to salary increases for certain state officers and employees, in relation to rates of pay for certain state employees; to repeal certain provisions of the civil service law relating thereto; and making an appropriation for the purpose of effectuating certain provisions hereof PURPOSE : 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 ("the State") and the Civil Service Employees Association, Inc., on behalf of members of the collective negotiating units designated as the Administrative Services Unit, the Institutional Services Unit, the Operational Services Unit and the Division of Military and Naval Affairs Unit ("the units").
SUMMARY OF PROVISIONS : Section 1 of this bill would repeal subparagraphs 1, 2 and 3 of CSL § 130(1)(a) and replace them with new subparagraphs 1, 2, 3, 4 and 5 to provide new salary schedules for officers and employees in the units for the period of April 2, 2016 to April 1, 2021. Section 2 of this bill would amend CSL § 208(2) to provide a period of unchallenged representation status for employee organizations for a period of four years, commencing in 2016, with the Executive Branch of the State. Section 3 of this bill would amend CSL § 130(3)(e), governing longevity payments for employees who attain five and ten years of continuous service at the job rate. This section continues those longevity payments and increases them effective April 1, 2019, to the extent provided in the Agreement. This section also would provide that effective April 1, 2020, there shall be a longevity payment for employees who attain fifteen years of continuous service at the job rate, in the amount set forth in the Agreement. Section 4 of this bill would amend State Finance Law ("SFL-) § 8(12-d) to continue payments to employees for personal property damaged or destroyed in the course of the performance of official duties. Section 5 of this bill would amend SFL § 8(12-e) to continue payments for personal property damaged or destroyed in the course of the performance of official duties to employees in the units, during the period commencing after March 31, 2016 and ending prior to April 1, 2021. Section 5 also would amend SFL § 8(12-e) by adding a new paragraph, which would continue such payments to employees in the Professional, Scientific and Technical Services Unit for the period commencing after March 31, 2016 and ending prior to April 1, 2019. Section 6 of this bill would amend CSL § 134(1) to provide certain employees serving in positions in the Institutional Services Unit shall with overtime compensation at a rate of two times the hourly rate of pay received by such employee in his or her regular position for such hours of work that qualify for such payment, in accordance with the teens of the Agreement. Section 7 of this bill would provide increases in compensation for covered members of the units, including: (a) a 2% 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; (b) a 2% 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; (c) a 2% 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; (d) a 2% basic annual salary increase effective April 4, 2019 for officers and employees on the administrative payroll and effective March 28, 2019 for officers and employees on the institutional payroll; and (e) a 2% basic annual salary increase effective April 2, 2020 for officers and employees on the administrative payroll and effective March 26, 2020 for officers and employees on the institutional payroll. Section 8 of this bill would provide annual salary increases for positions in the nonprofessional service at the contract colleges of Cornell and Alfred Universities not to exceed those set forth in Section 7 of this bill. Section 9 of this bill would continue existing location compensation for employees whose principal place of employment is located in New York City, or the counties of Westchester, Rockland, Suffolk, Nassau, Dutchess, Putnam, Orange and Monroe. Section 10 of this bill would continue location compensation for certain officers and employees of the Hudson Valley Developmental Disabilities Services Office. Section 11 of this bill would continue inconvenience pay to certain full-time employees of the Office for People with Developmental Disabilities who are required to sleep over at their work site. Section 12 of this bill would continue pre-shift briefing compensation for certain employees of the Division of Military and Naval Affairs Unit who are required to assemble for briefing prior to the commencement of duties. This section also would continue the program for pre-shift briefing compensation for certain employees of Office of Children and Family Services who are members of the Institutional Services Unit. Section 13 of this bill would continue assignment to duty pay in the form of an annual lump sum payment to employees in particular assignments provided for by the Agreement. Such benefit shall be available until March 30, 2021, unless an extension is negotiated by the parties to the Agreement. Section 14 of this bill would continue an annual lump sum payment to long-term seasonal employees in an amount specified by, and subject to, the qualifying criteria established by the Agreement. Such benefit shall be available until March 30, 2021. Section 15 of this bill would continue winter maintenance shift pay for eligible full-time employees of the Department of Transportation in the Operational Services Unit, in accordance with the terms of the Agreement. Section 16 of this bill would continue inconvenience pay for certain employees who work in the overnight hours at a rate of $575 per year. Section 17 of this bill would authorize contributions to employee dependent care accounts in amounts and for the time periods specified by the Agreement. Section 18 of this bill would provide for the payment and publication of grievance and arbitration settlements and awards pursuant to the Agreement. Section 19 of this bill would continue a statewide labor-management committee to address issues of productivity and quality of work life in accordance with the Agreement. Section 20 of this bill would require that the Director of Employee Relations submit a letter to the Director of the Budget and the State Comptroller certifying that the Agreement has been ratified by the membership of the units prior to implementation of any salary increase or other benefit modifications. Section 21 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 22 of this bill would authorize the State Comptroller to pay any amounts required by this bill during the fiscal year commencing April 1, 2017 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 23 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 24 of this bill would provide a lump sum appropriation for personal service, non-personal service, and fringe benefits for use by state departments or agencies to carry out the provisions of this bill. Section 25 of this bill would provide a variety of non-personal service appropriations pursuant to the terms of the Agreement. Section 26 of this bill would require this bill to become effective immediately, and deem it to have been in full force and effect on and after April 2, 2016, pursuant to ratification of the Agreement. STATEMENT IN SUPPORT : Enactment of this bill is necessary to implement the provisions of the Agreement, negotiated by the State and the Civil Service Employees Association, Inc., on behalf of members of the units. Approximately 57,000 employees are covered by the Agreement, including keyboard specialists, clerks, cleaners, developmental and mental health therapy aides, nurses and highway maintenance workers. The prior agreement governing these employees expired on April 1, 2016 and this new Agreement covers the time period of April 2, 2016, to April 1, 2021. Under Article 14 of the CSL, the Agreement is binding on all parties to it. This bill incorporates the terms of the Agreement related to salary increases and benefit modifications and appropriates funds necessary to pay for it, in accordance with the State's obligations. BUDGET IMPLICATIONS : The State-operating funds cost of this bill over the first two years of the agreement (April 1, 2016 to March 31, 2018) is estimated at $197 million. An appropriation in the amount of $275 million would cover Federal funds and fringe benefit assessments on non-General Fund programs in addition to the State-operating Funds costs. Approximately $25 million is separately appropriated for the funding of recurring programs (e.g., Labor Management Committees; Employee Assistance Program; clothing, uniform and tool allowances; contract administration). EFFECTIVE DATE : This bill would take effect immediately and be deemed to have been in effect on and after April 2, 2016, pursuant to ratification of the Agreement.
2017-S6818 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6818 2017-2018 Regular Sessions I N S E N A T E June 20, 2017 ___________ Introduced by Sens. AMEDORE, TEDISCO, MARCHIONE -- (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 and the state finance law, in relation to compensation and other terms and conditions of employment of certain state officers and employees, to authorize funding of joint labor-management committees, to implement agreements between the state and an employee organization; to amend chapter 333 of the laws of 1969 amending the civil service law and other laws relating to salary increases for certain state officers and employees, in relation to rates of pay for certain state employees; to repeal certain provisions of the civil service law relating thereto; and making an appropriation for the purpose of effectuating certain provisions hereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraphs 1, 2 and 3 of paragraph a of subdivision 1 of section 130 of the civil service law are REPEALED and five new subpara- graphs 1, 2, 3, 4 and 5 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: SG HR STEP STEP STEP STEP STEP STEP JR INCR 1 2 3 4 5 6 1 23391 24180 24969 25758 26547 27336 28125 28914 789 2 24284 25112 25940 26768 27596 28424 29252 30080 828 3 25496 26361 27226 28091 28956 29821 30686 31551 865 4 26609 27525 28441 29357 30273 31189 32105 33021 916 5 27882 28841 29800 30759 31718 32677 33636 34595 959 6 29442 30439 31436 32433 33430 34427 35424 36421 997 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD12022-01-7 S. 6818 2 7 31070 32116 33162 34208 35254 36300 37346 38392 1046 8 32822 33907 34992 36077 37162 38247 39332 40417 1085 9 34651 35785 36919 38053 39187 40321 41455 42589 1134 10 36633 37822 39011 40200 41389 42578 43767 44956 1189 11 38758 40007 41256 42505 43754 45003 46252 47501 1249 12 40975 42267 43559 44851 46143 47435 48727 50019 1292 13 43406 44758 46110 47462 48814 50166 51518 52870 1352 14 45918 47326 48734 50142 51550 52958 54366 55774 1408 15 48584 50051 51518 52985 54452 55919 57386 58853 1467 16 51305 52840 54375 55910 57445 58980 60515 62050 1535 17 54193 55815 57437 59059 60681 62303 63925 65547 1622 18 57324 59018 60712 62406 64100 65794 67488 69182 1694 19 60395 62173 63951 65729 67507 69285 71063 72841 1778 20 63555 65402 67249 69096 70943 72790 74637 76484 1847 21 66963 68897 70831 72765 74699 76633 78567 80501 1934 22 70553 72575 74597 76619 78641 80663 82685 84707 2022 23 74325 76435 78545 80655 82765 84875 86985 89095 2110 24 78371 80555 82739 84923 87107 89291 91475 93659 2184 25 82702 84983 87264 89545 91826 94107 96388 98669 2281 (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: SG HR STEP STEP STEP STEP STEP STEP JR INCR 1 2 3 4 5 6 1 23859 24664 25469 26274 27079 27884 28689 29494 805 2 24770 25615 26460 27305 28150 28995 29840 30685 845 3 26006 26888 27770 28652 29534 30416 31298 32180 882 4 27141 28075 29009 29943 30877 31811 32745 33679 934 5 28440 29418 30396 31374 32352 33330 34308 35286 978 6 30031 31048 32065 33082 34099 35116 36133 37150 1017 7 31691 32758 33825 34892 35959 37026 38093 39160 1067 8 33478 34585 35692 36799 37906 39013 40120 41227 1107 9 35344 36501 37658 38815 39972 41129 42286 43443 1157 10 37366 38579 39792 41005 42218 43431 44644 45857 1213 11 39533 40807 42081 43355 44629 45903 47177 48451 1274 12 41795 43113 44431 45749 47067 48385 49703 51021 1318 13 44274 45653 47032 48411 49790 51169 52548 53927 1379 14 46836 48272 49708 51144 52580 54016 55452 56888 1436 15 49556 51052 52548 54044 55540 57036 58532 60028 1496 16 52331 53897 55463 57029 58595 60161 61727 63293 1566 17 55277 56931 58585 60239 61893 63547 65201 66855 1654 18 58470 60198 61926 63654 65382 67110 68838 70566 1728 19 61603 63417 65231 67045 68859 70673 72487 74301 1814 20 64826 66710 68594 70478 72362 74246 76130 78014 1884 21 68302 70275 72248 74221 76194 78167 80140 82113 1973 22 71964 74026 76088 78150 80212 82274 84336 86398 2062 23 75812 77964 80116 82268 84420 86572 88724 90876 2152 24 79938 82166 84394 86622 88850 91078 93306 95534 2228 25 84356 86683 89010 91337 93664 95991 98318 100645 2327 (3) EFFECTIVE APRIL FIFTH, TWO THOUSAND EIGHTEEN FOR OFFICERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH TWENTY- S. 6818 3 NINTH, TWO THOUSAND EIGHTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITU- TIONAL PAYROLL: SG HR STEP STEP STEP STEP STEP STEP JR INCR 1 2 3 4 5 6 1 24336 25157 25978 26799 27620 28441 29262 30083 821 2 25265 26127 26989 27851 28713 29575 30437 31299 862 3 26526 27426 28326 29226 30126 31026 31926 32826 900 4 27684 28637 29590 30543 31496 32449 33402 34355 953 5 29009 30007 31005 32003 33001 33999 34997 35995 998 6 30632 31669 32706 33743 34780 35817 36854 37891 1037 7 32325 33413 34501 35589 36677 37765 38853 39941 1088 8 34148 35277 36406 37535 38664 39793 40922 42051 1129 9 36051 37231 38411 39591 40771 41951 43131 44311 1180 10 38113 39350 40587 41824 43061 44298 45535 46772 1237 11 40324 41623 42922 44221 45520 46819 48118 49417 1299 12 42631 43975 45319 46663 48007 49351 50695 52039 1344 13 45159 46566 47973 49380 50787 52194 53601 55008 1407 14 47773 49238 50703 52168 53633 55098 56563 58028 1465 15 50547 52073 53599 55125 56651 58177 59703 61229 1526 16 53378 54975 56572 58169 59766 61363 62960 64557 1597 17 56383 58070 59757 61444 63131 64818 66505 68192 1687 18 59639 61402 63165 64928 66691 68454 70217 71980 1763 19 62835 64685 66535 68385 70235 72085 73935 75785 1850 20 66123 68045 69967 71889 73811 75733 77655 79577 1922 21 69668 71680 73692 75704 77716 79728 81740 83752 2012 22 73403 75506 77609 79712 81815 83918 86021 88124 2103 23 77328 79523 81718 83913 86108 88303 90498 92693 2195 24 81537 83810 86083 88356 90629 92902 95175 97448 2273 25 86043 88417 90791 93165 95539 97913 100287 102661 2374 (4) EFFECTIVE APRIL FOURTH, TWO THOUSAND NINETEEN FOR OFFICERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH TWENTY- EIGHTH, TWO THOUSAND NINETEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITU- TIONAL PAYROLL: SG HR STEP STEP STEP STEP STEP STEP JR INCR 1 2 3 4 5 6 1 24823 25660 26497 27334 28171 29008 29845 30682 837 2 25770 26649 27528 28407 29286 30165 31044 31923 879 3 27057 27975 28893 29811 30729 31647 32565 33483 918 4 28238 29210 30182 31154 32126 33098 34070 35042 972 5 29589 30607 31625 32643 33661 34679 35697 36715 1018 6 31245 32303 33361 34419 35477 36535 37593 38651 1058 7 32972 34082 35192 36302 37412 38522 39632 40742 1110 8 34831 35983 37135 38287 39439 40591 41743 42895 1152 9 36772 37976 39180 40384 41588 42792 43996 45200 1204 10 38875 40137 41399 42661 43923 45185 46447 47709 1262 11 41130 42455 43780 45105 46430 47755 49080 50405 1325 12 43484 44855 46226 47597 48968 50339 51710 53081 1371 13 46062 47497 48932 50367 51802 53237 54672 56107 1435 14 48728 50222 51716 53210 54704 56198 57692 59186 1494 15 51558 53115 54672 56229 57786 59343 60900 62457 1557 16 54446 56075 57704 59333 60962 62591 64220 65849 1629 17 57511 59232 60953 62674 64395 66116 67837 69558 1721 18 60832 62630 64428 66226 68024 69822 71620 73418 1798 S. 6818 4 19 64092 65979 67866 69753 71640 73527 75414 77301 1887 20 67445 69406 71367 73328 75289 77250 79211 81172 1961 21 71061 73113 75165 77217 79269 81321 83373 85425 2052 22 74871 77016 79161 81306 83451 85596 87741 89886 2145 23 78875 81114 83353 85592 87831 90070 92309 94548 2239 24 83168 85486 87804 90122 92440 94758 97076 99394 2318 25 87764 90185 92606 95027 97448 99869 102290 104711 2421 (5) EFFECTIVE APRIL SECOND, TWO THOUSAND TWENTY FOR OFFICERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH TWENTY- SIXTH, TWO THOUSAND TWENTY FOR OFFICERS AND EMPLOYEES ON THE INSTITU- TIONAL PAYROLL: SG HR STEP STEP STEP STEP STEP STEP JR INCR 1 2 3 4 5 6 1 25319 26173 27027 27881 28735 29589 30443 31297 854 2 26285 27182 28079 28976 29873 30770 31667 32564 897 3 27598 28534 29470 30406 31342 32278 33214 34150 936 4 28803 29794 30785 31776 32767 33758 34749 35740 991 5 30181 31219 32257 33295 34333 35371 36409 37447 1038 6 31870 32949 34028 35107 36186 37265 38344 39423 1079 7 33631 34763 35895 37027 38159 39291 40423 41555 1132 8 35528 36703 37878 39053 40228 41403 42578 43753 1175 9 37507 38735 39963 41191 42419 43647 44875 46103 1228 10 39653 40940 42227 43514 44801 46088 47375 48662 1287 11 41953 43304 44655 46006 47357 48708 50059 51410 1351 12 44354 45752 47150 48548 49946 51344 52742 54140 1398 13 46983 48447 49911 51375 52839 54303 55767 57231 1464 14 49703 51227 52751 54275 55799 57323 58847 60371 1524 15 52589 54177 55765 57353 58941 60529 62117 63705 1588 16 55535 57197 58859 60521 62183 63845 65507 67169 1662 17 58661 60416 62171 63926 65681 67436 69191 70946 1755 18 62049 63883 65717 67551 69385 71219 73053 74887 1834 19 65374 67299 69224 71149 73074 74999 76924 78849 1925 20 68794 70794 72794 74794 76794 78794 80794 82794 2000 21 72482 74575 76668 78761 80854 82947 85040 87133 2093 22 76368 78556 80744 82932 85120 87308 89496 91684 2188 23 80453 82737 85021 87305 89589 91873 94157 96441 2284 24 84831 87195 89559 91923 94287 96651 99015 101379 2364 25 89519 91988 94457 96926 99395 101864 104333 106802 2469 § 2. Subdivision 2 of section 208 of the civil service law, as amended by section 3 of part A of chapter 491 of the laws of 2011, is amended to read as follows: 2. An employee organization certified or recognized pursuant to this article shall be entitled to unchallenged representation status until seven months prior to the expiration of a written agreement between the public employer and said employee organization determining terms and conditions of employment. For the purposes of this subdivision, (a) any such agreement for a term covering other than the fiscal year of the public employer shall be deemed to expire with the fiscal year ending immediately prior to the termination date of such agreement, (b) any such agreement having a term in excess of three years shall be treated as an agreement for a term of three years, provided, however, any such agreement between the state and an employee organization representing employees in the executive or judicial branches which commences in the S. 6818 5 calendar year two thousand [eleven] SIXTEEN having a term in excess of three years shall be treated as an agreement for a term certain speci- fied in such agreement but in no event for a term greater than four years, and (c) extensions of any such agreement shall not extend the period of unchallenged representation status. § 3. Paragraph (e) of subdivision 3 of section 130 of the civil service law, as amended by section 4 of part A of chapter 491 of the laws of 2011, is amended to read as follows: (e) (1) Where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of this chapter on behalf of officers and employees serving in positions in the administrative services unit, institutional services unit, opera- tional services unit or DIVISION OF military and naval affairs unit so provides officers and employees to whom paragraph a of subdivision one of this section applies who, on or after April first, two thousand [eleven] SIXTEEN, on their anniversary date have five or more years, but less than ten years, of continuous service as defined by paragraph (c) of this subdivision at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade, shall receive a lump sum payment in the amount of one thousand two hundred fifty dollars. EFFECTIVE APRIL FIRST, TWO THOUSAND NINETEEN, SUCH LUMP SUM PAYMENT SHALL INCREASE TO ONE THOUSAND FIVE HUNDRED DOLLARS. [Where] (2) EFFECTIVE UNTIL MARCH THIRTY-FIRST, TWO THOUSAND TWENTY, WHERE, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of this chapter on behalf of officers and employees serving in positions in the administrative services unit, institutional services unit, operational services unit or DIVISION OF military and naval affairs unit so provides officers and employees to whom paragraph a of subdivision one of this section applies who, on or after April first, two thousand [eleven] SIXTEEN, on their anniversary date have ten or more years of continuous service as defined by paragraph (c) of this subdivision at a basic annu- al salary rate equal to or in excess of the job rate or maximum salary of their salary grade shall receive a lump sum payment in the amount of two thousand five hundred dollars WHICH, EFFECTIVE APRIL FIRST, TWO THOUSAND NINETEEN, SUCH LUMP SUM PAYMENT SHALL BE INCREASED TO THREE THOUSAND DOLLARS. EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY, WHERE, AND TO THE EXTENT THAT, AN AGREEMENT BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER ON BEHALF OF OFFICERS AND EMPLOYEES SERVING IN POSITIONS IN THE ADMINIS- TRATIVE SERVICES UNIT, INSTITUTIONAL SERVICES UNIT, OPERATIONAL SERVICES UNIT OR DIVISION OF MILITARY AND NAVAL AFFAIRS UNIT SO PROVIDES OFFICERS AND EMPLOYEES TO WHOM PARAGRAPH A OF SUBDIVISION ONE OF THIS SECTION APPLIES WHO, ON OR AFTER APRIL FIRST, TWO THOUSAND TWENTY, ON THEIR ANNIVERSARY DATE HAVE TEN OR MORE YEARS, BUT LESS THAN FIFTEEN YEARS, OF CONTINUOUS SERVICE AS DEFINED BY PARAGRAPH (C) OF THIS SUBDIVISION AT A BASIC ANNUAL SALARY RATE EQUAL TO OR IN EXCESS OF THE JOB RATE OR MAXI- MUM SALARY OF THEIR SALARY GRADE SHALL RECEIVE A LUMP SUM PAYMENT IN THE AMOUNT OF THREE THOUSAND DOLLARS. (3) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY, WHERE, AND TO THE EXTENT THAT, AN AGREEMENT BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER ON BEHALF OF OFFICERS AND EMPLOYEES SERVING IN POSITIONS IN THE ADMINISTRATIVE SERVICES UNIT, INSTITUTIONAL SERVICES UNIT, OPERATIONAL SERVICES UNIT OR DIVISION OF MILITARY AND NAVAL AFFAIRS UNIT SO PROVIDES OFFICERS AND EMPLOYEES TO WHOM PARAGRAPH A OF SUBDIVISION ONE OF THIS SECTION APPLIES S. 6818 6 WHO, ON OR AFTER APRIL FIRST, TWO THOUSAND TWENTY, ON THEIR ANNIVERSARY DATE HAVE FIFTEEN OR MORE YEARS OF CONTINUOUS SERVICE AS DEFINED BY PARAGRAPH (C) OF THIS SUBDIVISION AT A BASIC ANNUAL SALARY RATE EQUAL TO OR IN EXCESS OF THE JOB RATE OR MAXIMUM SALARY OF THEIR SALARY GRADE SHALL RECEIVE A LUMP SUM PAYMENT IN THE AMOUNT OF FOUR THOUSAND FIVE HUNDRED DOLLARS. (4) Such lump sum payment, AS PROVIDED BY THIS PARAGRAPH, shall be in addition to and not part of the employee's basic annual salary, provided however that any amount payable by this paragraph shall be included as compensation for overtime and retirement purposes. Such lump sum payment, AS PROVIDED BY THIS PARAGRAPH, shall be payable in April of each fiscal year, or as soon as practicable thereafter, for those eligible employees who have achieved five or more, or ten or more, OR FIFTEEN OR MORE years of continuous service as defined by paragraph (c) of this subdivision at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade during the period October first through March thirty-first of the previous fiscal year. Such LUMP SUM payment, AS PROVIDED BY THIS PARAGRAPH, shall be payable in October of each fiscal year, or as soon as practicable thereafter, for those eligible employees who have achieved five or more, or ten or more, OR FIFTEEN OR MORE years of continuous service as defined by paragraph (c) of this subdivision at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade during the period April first through September thirtieth of that same fiscal year. § 4. Subdivision 12-d of section 8 of the state finance law, as amended by section 5 of part A of chapter 491 of the laws of 2011, is amended to read as follows: 12-d. Notwithstanding any inconsistent provision of the court of claims act, examine, audit and certify for payment any claim submitted and approved by the head of a state department or agency, other than a department or agency specified in subdivision twelve of this section, for personal property of an employee damaged or destroyed in the course of the performance of official duties without fault on his part by an inmate, patient or client of such department or agency after March thir- ty-first, two thousand [eleven] SIXTEEN and prior to April first, two thousand [sixteen] TWENTY-ONE, provided no such claim may be certified for payment to an officer or employee who is in a collective negotiating unit until the director of employee relations shall deliver to the comp- troller a letter that there is in effect with respect to such negotiat- ing unit a written collectively negotiated agreement with the state pursuant to article fourteen of the civil service law which provides therefor. Payment of any such claim shall not exceed the sum of three hundred dollars. No person submitting a claim under this subdivision shall have any claim for damages to such personal property approved pursuant to the provision of subdivision four of section five hundred thirty of the labor law or any other applicable provision of law. § 5. Subdivision 12-e of section 8 of the state finance law, as amended by section 6 of part A of chapter 491 of the laws of 2011, is amended to read as follows: 12-e. (A) Notwithstanding any inconsistent provision of the court of claims act, where, and to the extent that, an agreement between the state and an employee organization entered into pursuant to article fourteen of the civil service law on behalf of officers and employees serving in positions in the [professional, scientific and technical services unit,] administrative services unit, institutional services S. 6818 7 unit, operational services unit or [and] DIVISION OF military and naval affairs unit so provides, examine, audit and certify for payment any claim submitted and approved by the head of a state department or agency for personal property of an officer or employee damaged or destroyed in the actual performance of official duties without fault or negligence of the officer or employee other than a claim specified and covered by subdivision twelve or twelve-d of this section after March thirty-first, two thousand [eleven] SIXTEEN and [before] PRIOR TO April first, two thousand [sixteen] TWENTY-ONE. Payment of such claim shall not exceed the sum of three hundred fifty dollars. Where an agreement between the state and such employee organization entered into pursuant to article fourteen of the civil service law provides for payment to be made to officers and employees by a state department or agency, such payments for claims not in excess of the amount specified in subdivision three of section one hundred fifteen of this chapter may be made from a petty cash account established pursuant to section one hundred fifteen of this chapter and in the manner prescribed therein and pursuant to regulations of the comptroller. No person submitting a claim under this subdivision shall have any claim for damages to such personal property approved pursuant to the provisions of subdivision four of section five hundred thirty of the labor law or any other applicable provision of law. (B) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THE COURT OF CLAIMS ACT, WHERE, AND TO THE EXTENT THAT, AN AGREEMENT BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW ON BEHALF OF OFFICERS AND EMPLOYEES SERVING IN POSITIONS IN THE PROFESSIONAL, SCIENTIFIC AND TECHNICAL SERVICES UNIT SO PROVIDES, EXAMINE, AUDIT AND CERTIFY FOR PAYMENT ANY CLAIM SUBMITTED AND APPROVED BY THE HEAD OF A STATE DEPARTMENT OR AGENCY FOR PERSONAL PROP- ERTY OF AN OFFICER OR EMPLOYEE DAMAGED OR DESTROYED IN THE ACTUAL PERFORMANCE OF OFFICIAL DUTIES WITHOUT FAULT OR NEGLIGENCE OF THE OFFI- CER OR EMPLOYEE OTHER THAN A CLAIM SPECIFIED AND COVERED BY SUBDIVISION TWELVE OR TWELVE-D OF THIS SECTION AFTER MARCH THIRTY-FIRST, TWO THOU- SAND SIXTEEN AND PRIOR TO APRIL FIRST, TWO THOUSAND NINETEEN. PAYMENT OF SUCH CLAIM SHALL NOT EXCEED THE SUM OF THREE HUNDRED FIFTY DOLLARS. WHERE AN AGREEMENT BETWEEN THE STATE AND SUCH EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THE CIVIL SERVICE LAW PROVIDES FOR PAYMENT TO BE MADE TO OFFICERS AND EMPLOYEES BY A STATE DEPARTMENT OR AGENCY, SUCH PAYMENTS FOR CLAIMS NOT IN EXCESS OF THE AMOUNT SPECIFIED IN SUBDIVISION THREE OF SECTION ONE HUNDRED FIFTEEN OF THIS CHAPTER MAY BE MADE FROM A PETTY CASH ACCOUNT ESTABLISHED PURSUANT TO SECTION ONE HUNDRED FIFTEEN OF THIS CHAPTER AND IN THE MANNER PRESCRIBED THEREIN AND PURSUANT TO REGULATIONS OF THE COMPTROLLER. NO PERSON SUBMITTING A CLAIM UNDER THIS SUBDIVISION SHALL HAVE ANY CLAIM FOR DAMAGES TO SUCH PERSONAL PROPERTY APPROVED PURSUANT TO THE PROVISIONS OF SUBDIVISION FOUR OF SECTION FIVE HUNDRED THIRTY OF THE LABOR LAW OR ANY OTHER APPLICABLE PROVISION OF LAW. § 6. Subdivision 1 of section 134 of the civil service law, as amended by chapter 382 of the laws of 1973, is amended to read as follows: 1. For all state officers and employees, other than officers and employees of the legislature and the judiciary and other than those who shall be excluded pursuant to the rules and regulations hereafter mentioned, the workweek for basic annual salary shall not be more than forty-hours; and, notwithstanding any inconsistent provisions of law, and subject to the rules and regulations promulgated by the director of the budget, any such state officer and employee who is authorized or required to work more than forty hours in any week in his regular posi- S. 6818 8 tion or title or in a position the title of which is allocated to the same salary grade as his regular position, shall receive overtime compensation for the hours worked in excess of forty in each week at one and one-half times the hourly rate of pay received by such employee in his regular position; provided, however, that an employee not subject to the overtime provisions of the federal "Fair Labor Standards Act of 1938" as amended by the federal "Fair Labor Standards Amendments of 1966", being public law six hundred one of the eighty-ninth congress, as approved September twenty-three, nineteen hundred sixty-six, and all acts amendatory thereof and supplementary thereto, may by written agree- ment with his proper authority exchange hours of work with other employ- ees doing similar work in the same state institution or other state governmental unit without overtime compensation. Upon the approval of the director of the budget a member of the state police may be consid- ered to have worked, for the purpose of determining overtime compen- sation pursuant to the provisions of this section, a minimum of four hours each time he is recalled to work overtime after completing his scheduled work period and leaving his scheduled work station or may be considered to have worked a minimum of two hours each time he is sched- uled to return and returns to duty to work overtime for the purpose of making an appearance in court after completing his regularly scheduled work period and leaving his regularly scheduled work station. Upon the approval of the director of the budget an employee may be considered to have worked, for the purpose of determining overtime compensation pursu- ant to the provisions of this section, a minimum of one-half day each time he is recalled to work overtime after completing his scheduled work period and leaving his scheduled work station; provided, however, that, subject to the terms of an agreement negotiated between the state and an employee organization pursuant to article fourteen of the civil service law, an employee recalled to work may be considered to have worked less than a minimum of one-half day and an employee recalled to work more than once during a period of one-half day commencing with the onset of the initial recall will not be entitled to more than one-half day of overtime credit unless more than one-half day is actually worked. When an employee shall work overtime in a position which has a title which is allocated to a lower salary grade than the salary grade to which the title of his regular position is allocated, he shall receive overtime compensation at one and one-half times the hourly rate of pay of the maximum salary of the grade of the position in which he shall work over- time, or such maximum salary plus the additional increment or incre- ments, if he would be entitled to such additional increment or incre- ments were he then appointed to such position; provided, however, that when such hourly rate exceeds the hourly rate of pay received by him in his regular position, he shall receive one and one-half times the hourly rate of his regular position. When an employee works overtime in a position allocated to a salary grade higher than the salary grade to which his regular position is allocated, he shall receive overtime compensation at one and one-half times the hourly rate of pay of the rate of compensation to which he would be entitled if he were permanent- ly promoted to the position in which such overtime work is performed. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHERE AN AGREEMENT BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER ON BEHALF OF OFFICERS AND EMPLOYEES SERVING IN POSITIONS IN THE INSTITUTIONAL SERVICES UNIT SO PROVIDES SUCH OFFICERS AND EMPLOYEES SHALL RECEIVE OVERTIME COMPENSATION AT A RATE OF TWO TIMES THE HOURLY RATE OF PAY RECEIVED BY SUCH EMPLOYEE IN HIS REGULAR POSITION S. 6818 9 FOR SUCH HOURS OF WORK THAT QUALIFY FOR SUCH PAYMENT UNDER THE TERMS OF SUCH AGREEMENT. § 7. Compensation for certain state officers and employees in collec- tive negotiating units. 1. The provisions of this section shall apply, except as otherwise stated in this section, to all full-time officers and employees in the collective negotiating units designated as the administrative services unit, the institutional services unit, the oper- ational services unit, or the division of military and naval affairs 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 annual salaried employment status on the day before such payroll period shall be increased by two percent adjusted to the nearest whole dollar amount. 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 annual salaried 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 annual salaried employment status on the day before such payroll period shall be increased by two percent adjusted to the nearest whole dollar amount. 5. Effective April 4, 2019 for officers and employees on the adminis- trative payroll and effective March 28, 2019 for officers and employees on the institutional payroll, the basic annual salary of officers and employees in full-time annual salaried employment status on the day before such payroll period shall be increased by two percent adjusted to the nearest whole dollar amount. 6. Effective April 2, 2020 for officers and employees on the adminis- trative payroll and effective March 26, 2020 for officers and employees on the institutional payroll, the basic annual salary of officers and employees in full-time annual salaried employment status on the day before such payroll period shall be increased by two percent adjusted to the nearest whole dollar amount. 7. Notwithstanding the provisions of subdivisions two, three, four, five and six 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, step one, two, three, four, five, six or 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, step one, two, three, four, five, six or job rate, respectively, of such salary grade as contained in the appropriate salary schedules in subparagraphs 1, 2, 3, 4 and 5 of para- graph a 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 subparagraphs 1, 2, 3, 4 and 5, respectively. 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, four, five and six of this section. 8. Payments pursuant to the provisions of subdivision 6 of section 131 of the civil service law for full-time annual salaried officers and S. 6818 10 employees entitled to such payments to whom the provisions of this section apply shall be payable in accordance with the terms of an agree- ment 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. 9. 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. 10. The increases in salary provided in subdivisions two, three, four, five, and six of this section, shall apply on a prorated basis to offi- cers 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 subdivision eight of this section shall not apply to employees serv- ing on an hourly, per diem, or seasonal basis, except as determined by the director of the budget. 11. In order to provide for the officers and employees to whom this section applies who are not allocated to salary grades, but are paid on an annual basis, increases and payments pursuant to subdivision eight of this section in proportion to those provided to persons to whom this section applies who are allocated to salary grades, the director of the budget is authorized to add appropriate adjustments and/or payments to the compensation which such officers and employees are otherwise enti- tled 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 certif- icate shall be filed with the state comptroller, the state department of civil service, the chairman of the senate finance committee and the chairman of the assembly ways and means committee. 12. 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. 13. Notwithstanding any other provision 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 this section shall not cause such officer's or employee's salary to exceed the job rate of such lower graded position. 14. 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. 15. Notwithstanding any of the foregoing provisions of this section or of 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 S. 6818 11 section are applicable when, in the opinion of the director of the budg- et and the director of employee relations, such increase is not warranted or is not appropriate for any reason. § 8. Compensation for certain employees of the contract colleges at Cornell and Alfred universities. 1. During the period April 1, 2016 to March 31, 2021, the basic annual salaries of positions in the nonprofes- sional service, except those positions in the Cornell service and main- tenance unit which are subject to the terms of a collective bargaining agreement between Cornell University and the employee organization representing employees in such positions and except those positions in the Alfred service and maintenance unit which 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 increases in basic annual salary rates, exclusive of performance advancement payments or merit recognition payments, shall not exceed in the aggregate the payments provided in subdivisions two, three, four, five, and six of section seven of this act, for incumbents of positions subject to this subdivision. Such plans may provide, within the appropriations available therefor, an amount for distribution in whole or in part for meritorious service by Cornell and Alfred universi- ties, in their discretion, with the approval of the state university trustees to the incumbents of such positions. 2. For the purposes of this section, the basic annual salary of employees is that salary which is obtained through direct appropriation of state moneys for the purpose of paying wages. Nothing in this section shall prevent payment of additional amounts to incumbents of such posi- tions in the nonprofessional service in addition to the basic annual salary; provided, however, that the amounts required for such additional payment, and the cost of fringe benefits attributable to such payment, as determined by the comptroller, are made available to the state in accordance with the procedures established by the state university for such purposes. 3. Notwithstanding the foregoing provisions of this section, any increase in compensation provided by this section 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 officers or employees of the state, or to reduce state expenditures to acceptable levels, or when such increase is not warranted or is not appropriate for any reason and the salary of such officer or employee is set at the discretion of the appointing authority. 4. Notwithstanding the foregoing provisions of this subdivision, act or any other provision of law, rule or regulation to the contrary, the contract colleges at Cornell and Alfred universities are authorized to provide for a procedure for the repayment of salaries withheld from incumbents of positions subject to this subdivision as described in subdivision one of this section, pursuant to subdivision 2-a of section 200 of the state finance law in lieu of the lump sum payment authorized by subparagraph 3 of paragraph (a) of such subdivision, subject to the approval of the state university trustees. Further, Cornell and Alfred S. 6818 12 universities are authorized to provide that the salary of employees newly hired on or after September 1, 1992 shall not be subject to the provisions of subdivision 2-a of section 200 of the state finance law. § 9. Location compensation for certain state officers and employees in collective negotiating units. Notwithstanding any inconsistent provisions of law, full-time annual salaried officers and employees, as well as non-annual salaried seasonal officers and employees who shall receive the compensation provided for pursuant to this section on a prorated basis, except non-annual salaried officers and employees who are not seasonal, in the collective negotiating units designated as the administrative services unit, the institutional services unit, the oper- ational services unit, or the division of military and naval affairs 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: (1) 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 $200 per year provided they continue to be otherwise eligible; (2) in the city of New York, or in the county of Rockland, Westchester, Nassau or Suffolk shall, effective April 1, 2016, continue to receive a downstate adjustment at the annual rate of $3,026; or (3) in the county of Dutchess, Putnam or Orange shall, effective April 1, 2016, continue to receive a mid-Hudson adjustment at the annual rate of $1,513. 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 advancements or other rights or bene- fits 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 county. § 10. 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 units desig- nated as the administrative services unit, the institutional services unit or the operational 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 rates spec- ified 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 units desig- nated as the administrative services unit, the institutional services negotiating unit or the operational services negotiating 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 nine 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 S. 6818 13 negotiating units designated as the administrative services unit, the institutional services unit or the operational services unit, who is receiving location pay pursuant to such section nine shall continue to be eligible for such location pay if such officer's or employee's prin- cipal 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 different position at another work location within the Hudson Valley developmental disabilities services office located outside of the county of Rockland. The rate of such continued location pay shall not exceed the rates such officer or employee is receiving on the date of such reassignment, appointment or promotion. § 11. Notwithstanding any law, rule or regulation to the contrary, certain full-time employees of the office for people with developmental disabilities in the collective negotiating unit designated as the insti- tutional services unit who are required to sleep over at their work site shall continue to receive inconvenience pay pursuant to section 17 of chapter 333 of the laws of 1969 as amended, in accordance with and subject to the conditions established by the terms of a negotiated agreement between the state and an employee organization representing such unit and the resolution of a contract grievance bearing identifica- tion number 98-04-448. § 12. Additional compensation for certain employees in recognition of pre-shift briefing. 1. In recognition of the general requirement for full-time employees of the state in the collective negotiating unit designated as the division of military and naval affairs unit, estab- lished pursuant to article 14 of the civil service law, to assemble for briefing prior to the commencement of duties, each such employee shall continue to receive additional compensation at the rate of $60 per biweekly payroll period in accordance with the terms of a collectively negotiated agreement between the state and an employee organization representing such employees pursuant to article 14 of the civil service law. Such additional compensation shall be paid in addition to and shall not be a part of the employee's basic annual salary. Notwithstanding the foregoing provisions of this section, or of any other law, such additional compensation as added by this section shall be in lieu of the continuation of any other additional compensation for such employees paid prior to June 2, 1988, in recognition of pre-shift briefing. 2. Notwithstanding any inconsistent provisions of law, effective April 1, 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, in recognition of the general requirement that certain full-time employees of the state in the collective negoti- ating unit designated as the institutional services unit, established pursuant to article 14 of the civil service law, in the employ of the office of children and family services, to assemble for briefing prior to the commencement of duties, each such employee shall continue to receive additional compensation in the amount of $4.80, or one-quarter hour of their overtime rate, whichever is higher, when they are required to and actually assemble for such briefing. Such additional compen- sation shall be paid in addition to and shall not be a part of the employee's basic annual salary. § 13. Assignment to duty pay. Notwithstanding any inconsistent provisions of law, effective April 1, 2016, where and to the extent that, an agreement between the state and an employee organization S. 6818 14 entered into pursuant to article 14 of the civil service law so provides, an assignment to duty lump sum shall be paid each year to an employee who is serving in a particular assignment deemed qualified pursuant to such agreement. Such payment shall be in an amount negoti- ated 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 cessation of the assignment to duty program on March 30, 2021 unless an extension is negotiated by the parties. Such lump sum shall be considered salary only for final average salary retirement purposes. § 14. Long term seasonal employees. Notwithstanding any inconsistent provisions of law, effective April 1, 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 30, 2021. § 15. In recognition of the specific requirements for winter mainte- nance activity for full-time employees of the state department of trans- portation in the collective negotiating unit designated as the opera- tional services unit, established pursuant to article 14 of the civil service law, and to the extent the terms of a negotiated agreement between the state and an employee organization representing such unit entered into pursuant to article 14 of the civil service law so provides, such employees shall receive payments for winter maintenance shifts and call-out responses if otherwise eligible and in accordance with such negotiated agreement. § 16. Subdivision 2 of section 17 of chapter 333 of the laws of 1969 amending the civil service law and other laws relating to salary increases for certain state officers and employees, as amended by section 18 of part A of chapter 491 of the laws of 2011, is amended to read as follows: 2. Any employee subject to this section who is required to work a tour of duty which includes four or more hours between the hours of six p.m. and six a.m., exclusive of any hours for which he or she receives over- time compensation, shall be entitled to inconvenience pay for such tour of duty in an amount equal to the daily rate equivalent of four hundred dollars per year, unless a higher daily rate is authorized under the terms of a collective negotiated agreement between the state and an employee organization pursuant to article 14 of the civil service law, or is authorized by the director of the budget for employees excluded from negotiating rights under article 14 of the civil service law, in which case such daily rate may be up to five hundred seventy-five dollars per year, shall continue effective April 2, [2011] 2016. The provisions of this subdivision shall apply on a prorated basis to offi- cers and employees serving on a seasonal basis in the collective negoti- ating units designated as the administrative services unit, the institu- tional services unit, the operational services unit, and the division of military and naval affairs unit, and officers and employees excluded from collective negotiating units established pursuant to article 14 of the civil service law. S. 6818 15 § 17. Notwithstanding any inconsistent provision of law, where and to the extent that any agreement between the state and an employee organ- ization entered into pursuant to article 14 of the civil service law so provides on behalf of employees in the collective negotiating units designated as the administrative, institutional, operational services negotiating units or the division of military and naval affairs negoti- ating 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 employ- ees 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. § 18. 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 units designated as the administrative services unit, the institutional services unit, the operational services unit or the division of military and naval affairs unit established pursuant to article 14 of the civil service law. § 19. During the period April 2, 2016 through April 1, 2021, 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 units designated as the administrative services unit, the institutional services unit, the operational services unit or the division of military and naval affairs unit established pursuant to article 14 of the civil service law which shall, after April 2, 2016, have the responsibility of studying and making recommendations concern- ing the major issues of productivity, the quality of work life and implementing the agreements reached. § 20. The salary increases, benefit modifications, and any other modifications to terms and conditions of employment provided for by this act for state employees in the collective negotiating units designated as the administrative services unit, the institutional services unit, the operational services unit or the division of military and naval affairs unit established pursuant to article 14 of the civil service law shall not be implemented until the director of employee relations shall have delivered to the director of the budget and the comptroller a letter certifying that there is in effect with respect to such negotiat- ing units collectively negotiated agreements, ratified by the member- ship, which provide for such increases and modifications. § 21. 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 incumbents shall receive, as partial compen- sation 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 S. 6818 16 and the salary and other compensation actually received pursuant to the terms of an agreement between the state and the employee organization representing the employees covered by this act. § 22. The comptroller is authorized to pay any amounts required during the fiscal year commencing April 1, 2017 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 appropriations available in any fund, the amounts necessary to pay such amounts. § 23. 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. § 24. Notwithstanding any provision of the state finance law or any other provision of law to the contrary, the sum of two hundred seventy- five million dollars ($275,000,000) is hereby appropriated in the gener- al 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, 2017 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 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 appropriations shall remain in full force and effect for the payment of liabilities incurred on or before March 31, 2018. § 25. 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, 2017 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. 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. 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 chair of the senate finance committee and the chair of the assembly ways and means committee. S. 6818 17 ALL STATE DEPARTMENTS AND AGENCIES SPECIAL PAY BILLS General Fund / State Operations State Purposes Account - 003 Non-personal Service Joint committee on health benefits ............. 1,815,000 Employee training and development ............. 14,607,000 Safety and health maintenance committee .......... 869,000 Employment security committee .................... 716,000 Work-Life Services ............................. 3,520,000 Discipline ....................................... 170,000 Statewide performance rating committee ............ 56,000 Employee Assistance Program ...................... 884,000 Property damage ................................... 44,000 Work related clothing (operational services unit) ........................................ 1,460,000 Tool allowance (operational services unit) ....... 101,000 Tool insurance (operational services unit) ........ 36,000 Uniform allowance (institutional services unit) .......................................... 563,000 Work related clothing (institutional services unit) ................................. 105,000 Contract Administration .......................... 400,000 § 26. This act shall take effect immediately following the ratifica- tion of the collective bargaining agreement entered into pursuant to article 14 of the civil service law between the executive branch of the state of New York and the employee organization representing members of the collective negotiating units designated as the administrative services unit, the institutional services unit, the operational services unit and the division of military and naval affairs unit. Following such ratification of the collective bargaining agreement, this act shall be deemed to have been in full force and effect on and after April 2, 2016. Provided that the executive shall notify the legislative bill drafting commission upon the occurrence of the enactment of the legislation provided for in this act in order that the commission may maintain an accurate and timely effective data base of the official text of the laws of the state of New York in furtherance of effectuating the provisions of section 44 of the legislative law and section 70-b of the public officers law. Appropriations made by this act shall remain in full force and effect for liabilities incurred through March 31, 2018. ------------------------------------------------------------------------ REPEAL NOTE.--Subparagraphs 1, 2, and 3 of paragraph a of subdivision 1 of section 130 of the civil service law, repealed by section one of this act, provided salary schedules for state employees in the adminis- trative services unit, the operational services unit, the institutional services unit and the division of military and naval affairs and are replaced by revised salary schedules in new subparagraphs 1, 2, 3, 4 and 5.
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