LBD12016-01-7
S. 6819 2
14 of the civil service law, on September 30, 2017, shall be increased
by two percent adjusted to the nearest whole dollar, commencing the
beginning of the payroll period the first day of which is nearest to
October 1, 2017. "Incumbent," as referenced in this subdivision, shall
be defined as members of the state university graduate student negotiat-
ing unit established pursuant to article 14 of the civil service law who
were employed by the state university of New York on the effective date
of the increase and at the time of payment.
(c) The stipend as of academic year 2018-2019 for an incumbent of a
position in the state university of New York in the collective negotiat-
ing unit designated as the state university graduate student negotiating
unit in the state university of New York established pursuant to article
14 of the civil service law, on September 30, 2018, shall be increased
by two percent adjusted to the nearest whole dollar, commencing the
beginning of the payroll period the first day of which is nearest to
October 1, 2018. "Incumbent," as referenced in this subdivision, shall
be defined as members of the state university graduate student negotiat-
ing unit established pursuant to article 14 of the civil service law who
were employed by the state university of New York on the effective date
of the increase and at the time of payment.
(d) (i) This subdivision shall apply to employees in the collective
negotiating unit designated as the state university graduate student
negotiating unit in the state university of New York established pursu-
ant to article 14 of the civil service law.
(ii) The minimum stipend for academic year 2016-2017 shall increase by
two percent to $9,573 annually for employees on full assistantships at
university center campuses effective concurrent with the effective date
of the increase in subdivision (a) of this section commencing the begin-
ning of the payroll period the first day of which is nearest to October
1, 2016.
(iii) The minimum stipend for academic year 2017-2018 shall increase
by two percent to $9,764 annually for employees on full assistantships
at university center campuses effective concurrent with the effective
date of the increase in subdivision (b) of this section commencing the
beginning of the payroll period the first day of which is nearest to
October 1, 2017.
(iv) The minimum stipend for academic year 2018-2019 shall increase by
two percent to be $9,959 annually for employees on full assistantships
at university center campuses effective concurrent with the effective
date of the increase in subdivision (c) of this section commencing the
beginning of the payroll period the first day of which is nearest to
October 1, 2018.
(v) Nothing herein shall prevent the state university of New York, in
its discretion, from increasing amounts paid to an incumbent of a posi-
tion of the state university graduate student negotiating unit in the
state university of New York established pursuant to article 14 of the
civil service law in addition to the minimum stipend provided, however,
that the amounts required for such other increases and the cost of
fringe benefits attributable to such other increases, as determined by
the comptroller, are made available to the state in accordance with
procedures established by the state university of New York.
(e) Notwithstanding any of the foregoing provisions of this section,
any increase in compensation or lump sum payment may be withheld in
whole or in part from any employee to whom the provisions of this
section are applicable when, in the opinion of the chancellor of the
state university of New York, the director of the budget, and the direc-
S. 6819 3
tor of the governor's office of employee relations, such increase is not
warranted or is not appropriate.
§ 2. Doctoral program recruitment and retention enhancement fund.
There is hereby continued, within the state university of New York, a
doctoral program recruitment and retention enhancement fund from the
amounts appropriated herein. Such fund shall be used to enhance employee
compensation for the purpose of recruitment and retention of new and
existing doctoral students in selected programs. The specific doctoral
programs eligible for enhanced compensation pursuant to this section
shall be at the discretion of the state university of New York. Pursuant
to the terms of the collective bargaining agreement, these funds may be
reallocated for use by other joint committees upon mutual agreement of
the parties. To be eligible for such payment, an employee must be
employed on or after July 2, 2016 and at the time of payment. This
program shall expire July 1, 2019.
§ 3. Comprehensive college graduate program recruitment and retention
fund. There is hereby continued, within the state university of New
York, a comprehensive college graduate program recruitment and retention
fund from the amounts appropriated herein. Such fund shall be used to
enhance employee compensation for the purpose of recruitment and
retention of new and existing graduate students in selected degree
programs. The specific graduate degree programs eligible for enhanced
compensation pursuant to this section shall be at the discretion of the
state university of New York. Pursuant to the terms of the collective
bargaining agreement, these funds may be reallocated for use by other
joint committees upon mutual agreement of the parties. To be eligible
for such payment, an employee must be employed on or after July 2, 2016
and at the time of payment. This program shall expire July 1, 2019.
§ 4. Fee mitigation fund. There is hereby continued, within the state
university of New York, a fee mitigation fund from the amounts appropri-
ated herein. Such fund shall be used for the purpose of funding the cost
of various fees, including but not limited to technology fees. Pursuant
to the terms of the collective bargaining agreement, these funds may be
reallocated for use by other joint committees upon mutual agreement of
the parties. To be eligible for such payment, an employee must be
employed on or after July 2, 2016 and at the time of payment. This
program shall expire July 1, 2019.
§ 5. Downstate location fund. There is hereby continued, within the
state university of New York, a downstate location fund from the amounts
appropriated herein. Such fund shall be used for the purpose of funding
location adjustments in the downstate area for employees whose work site
is New York City, Suffolk, Nassau, Rockland, Westchester, Dutchess,
Putnam or Orange counties. The specific location adjustments funded
pursuant to this section shall be at the discretion of the state univer-
sity of New York. Pursuant to the terms of the collective bargaining
agreement, these funds may be reallocated for use by other joint commit-
tees upon mutual agreement of the parties. To be eligible for such
payment, an employee must be employed on or after July 2, 2016 and at
the time of payment. This program shall expire July 1, 2019.
§ 6. Joint labor management advisory board. Pursuant to the terms of
an agreement negotiated between the state and the employee organization
representing employees in the collective negotiating unit designated as
the state university graduate student negotiating unit in the state
university of New York established pursuant to article 14 of the civil
service law, there shall be continued a joint labor management advisory
board to study and make recommendations concerning issues of work-life
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services programs and implement agreements that may be entered into
between the state and such employee organization concerning such issues
within the appropriations made available therefor. Pursuant to the
terms of the collective bargaining agreement, these funds may be reallo-
cated for use by other joint committees upon mutual agreement of the
parties.
§ 7. Work-life services programs. Pursuant to the terms of an agree-
ment negotiated between the state and the employee organization repres-
enting the collective negotiating unit designated as the state universi-
ty graduate student negotiating unit in the state university of New York
established pursuant to article 14 of the civil service law, there shall
be continued work-life services programs to be administered in accord-
ance with such agreement within the appropriations made available there-
for. Pursuant to the terms of the collective bargaining agreement,
these funds may be reallocated for use by other joint committees upon
mutual agreement of the parties. This program shall expire July 1, 2019.
§ 8. Professional development committee. Pursuant to the terms of an
agreement negotiated between the state and the employee organization
representing the collective negotiating unit designated as the state
university graduate student negotiating unit in the state university of
New York established pursuant to article 14 of the civil service law,
there shall be continued a professional development committee to review,
make recommendations and implement programs for professional develop-
ment. Such program shall be administered in accordance with such agree-
ment within the appropriations made available therefor. Pursuant to the
terms of the collective bargaining agreement, these funds may be reallo-
cated for use by other joint committees upon mutual agreement of the
parties. This program shall expire July 1, 2019.
§ 9. Notwithstanding any provision of law to the contrary, the appro-
priations contained in this act shall be available to the state for the
payment of grievance and arbitration settlements and awards provided for
in the collective negotiating agreement between the state and employee
organization representing the collective negotiating unit designated as
the state university graduate student negotiating unit in the state
university of New York established pursuant to article 14 of the civil
service law.
§ 10. Accidental death benefit. Pursuant to the terms of an agreement
negotiated between the state and the employee organization representing
the collective negotiating unit designated as the state university grad-
uate student negotiating unit in the state university of New York estab-
lished pursuant to article 14 of the civil service law, there shall
continue to be a death benefit in the amount of fifty thousand dollars,
in the event an employee dies on or after July 2, 2007 as the result of
an accidental on-the-job injury and a death benefit is paid pursuant to
the workers' compensation law, payable by the state to the employee's
surviving spouse and children to whom the workers' compensation acci-
dental death benefit is paid, or to the employee's estate, and in the
same proportion as the workers' compensation accidental death benefit is
paid. Such program shall be administered in accordance with such agree-
ment within the appropriations made available therefor.
§ 11. Stipend increases and benefit modifications. The stipend
increases and benefit modifications provided for by this act for state
employees and any incumbent, as defined by section one of this act, in
the collective negotiating unit designated as the state university grad-
uate student negotiating unit in the state university of New York estab-
lished pursuant to article 14 of the civil service law shall not be
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implemented until the director of the governor's office of employee
relations has delivered to the director of the budget and the comp-
troller a letter certifying that there is in effect with respect to such
negotiating unit a collective negotiating agreement which provides for
such increases and modifications and which is ratified and fully
executed in writing with the state pursuant to article 14 of the civil
service law.
§ 12. Date of entitlement to stipend increase. Notwithstanding the
provisions of this act or of any other provision of law to the contrary,
the stipend increase of any incumbent, as defined by section one of this
act, of the collective negotiating unit designated as the state univer-
sity graduate student negotiating unit in the state university of New
York established pursuant to article 14 of the civil service law, as
provided by this act, shall be added to the stipend of such incumbent 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, or at the
beginning of the earlier of two payroll periods the first days of which
are nearest but equally near to the effective date of such increase as
provided in this act; provided, however, that for the purposes of deter-
mining the stipend of such employee upon reclassification, reallocation,
appointment, promotion, transfer, demotion, reinstatement or other
change of status, such stipend increase shall be deemed to be effective
on the date thereof as prescribed by this act, and the payment thereof
pursuant to this section on a date prior thereto, instead of on such
effective date, shall not operate to confer any additional compensation
rights or benefits on such employee. Payment of such stipend increase
may be deferred pursuant to section thirteen of this act.
§ 13. Deferred payment of stipend increase. Notwithstanding the
provisions of this act, or of any other provision of law to the contra-
ry, pending payment of stipends pursuant to this act for any incumbent,
as defined by section one of this act, of positions subject to this act,
such incumbent shall receive, as partial compensation for services
rendered, the stipends otherwise payable in their respective position.
An incumbent, as defined by section one of this act, holding a position
subject to this act at any time during the period from July 2, 2016,
until the time when stipend increases are first paid pursuant to this
act for such services in excess of the compensation actually received
therefor, shall be entitled to a lump sum payment for the difference
between the stipend to which such incumbent is entitled for such service
and the stipend actually received therefor. Such lump sum payment shall
be made as soon as practicable.
§ 14. Use of appropriations. Notwithstanding any provision of the
state finance law or any other provision of law to the contrary, the
state comptroller is authorized to pay any amounts required by the fore-
going provisions of this act. To the extent that existing appropriations
available to any state department or agency in any fund are insufficient
to accomplish the purposes set forth in this section, 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 make such payments. Any appropriations or other funds
available to any state department or agency for personal service or for
other related employee benefits during the fiscal year commencing April
1, 2016 or April 1, 2017 shall be available for the payment of any
liabilities or obligations incurred pursuant to the foregoing provisions
of this act, whether occurring prior to or during the state fiscal year
commencing April 1, 2017.
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§ 15. Notwithstanding any provision of the state finance law or any
other provision of law to the contrary, the sum of five million seven
hundred seventy thousand dollars ($5,770,000) is hereby appropriated in
the general fund/state purposes account (10050) in miscellaneous-all
state departments and agencies solely for apportionment/transfer by the
director of the budget for use by any state department or agency in any
fund for the fiscal year beginning April 1, 2016 or April 1, 2017 to
supplement appropriations for personal service, other than personal
service and fringe benefits, and to carry out the provisions of this
act. The monies hereby appropriated are available for payment of any
liabilities or obligations incurred prior to or during the state fiscal
year commencing April 1, 2016 or April 1, 2017. For this purpose, these
appropriations shall remain in full force and effect for the payment of
liabilities incurred on or before March 31, 2018.
§ 16. Notwithstanding any provision of the state finance law to the
contrary, the several amounts as hereinafter set forth, or so much ther-
eof as may be necessary, are hereby appropriated for the fiscal year
beginning April 1, 2016 or April 1, 2017 to supplement appropriations
available for personal service, other than personal service and fringe
benefits, and to carry out the provisions of this act. Moreover, the
amounts appropriated as nonpersonal service may be
suballocated/transferred to any state department or agency as needed.
The monies hereby appropriated are available for payment of any liabil-
ities or obligations incurred prior to or during the state fiscal year
commencing April 1, 2016 or April 1, 2017. For this purpose, these
appropriations shall remain in full force and effect for the payment of
liabilities incurred on or before March 31, 2018. No money shall be
available for expenditure from this appropriation until a certification
of approval has been issued by the director of the budget and such
certificate or any amendment thereto has been filed with the state comp-
troller, the chairperson of the senate finance committee, and the chair-
person of the assembly ways and means committee.
ALL STATE DEPARTMENTS AND AGENCIES
General Fund / State Operations
State Purposes Account - 10050
MAINTENANCE UNDISTRIBUTED
Doctoral Program Recruitment and Retention
Enhancement Fund ............................. 1,407,000
Comprehensive College Graduate Program
Recruitment and Retention Fund ................. 411,000
Fee Mitigation Fund ............................ 1,215,000
Downstate Location Fund .......................... 738,000
Work-Life Services Programs ...................... 200,000
Statewide Professional Development Committee ..... 352,000
§ 17. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 2, 2016.
