[ ] is old law to be omitted.
LBD13969-02-7
S. 7440 2
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, 2018
salary schedule (rounded up to the nearest dollar);
(3) the hiring, first, second, third, fourth, fifth and sixth year
rates of compensations 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, 2020, each of the rates of pay established by
the April, 2019 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, 2019
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.
§ 3. Increases in compensation.
(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) New York City senior court officers
and (2) New York City court officers. 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, and payments pursuant to paragraph 3 of
subdivision (b) and paragraph 3 of subdivision (c) of this section,
shall be in addition to and shall not be a part of an employee's basic
S. 7440 3
annual salary; provided, however, they shall be included as compen-
sation 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;
(ii) 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 nonjudical 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
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, 2019:
(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, 2018 salary schedule.
(2) Each such nonjudicial officer and employee shall be placed in his
or her grade on the April, 2019 salary schedule in the manner provided
as follows:
(i) If his or her basic annual salary under the April, 2018 salary
schedule, including any increase pursuant to paragraph 1 of this subdi-
vision, 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 position, that
basic annual salary shall be increased to the corresponding rate of
compensation in such grade as established by the April, 2019 salary
schedule; or
(ii) If his or her basic annual salary under the April, 2018 salary
schedule, including any increase pursuant to paragraph 1 of this subdi-
vision, 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 position, 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, 2019 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 a title on such date
in the security series under the unified court system's classification
structure shall receive a payment equaling 500 dollars, if he or she:
(i) served the equivalent of 120 workdays in a title in such security
series during the preceding state fiscal year; and (ii) was authorized
to carry a firearm while on duty at any time during the preceding 15
months. Such payment shall be prorated for any such nonjudicial officer
S. 7440 4
or employee otherwise entitled thereto whose position is part-time, but
not compensated on a per diem or hourly basis.
(4) 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) 2,050 dollars, if he or she has less
than 25 years of such service as of such date; or (ii) 2,150 dollars, if
he or she has at least 25 but less than 30 years of such service as of
such date; or (iii) 2,250 dollars, if he or she has at least 30 years of
such service as of such date.
(c) Effective April 1, 2020:
(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, 2019 salary schedule.
(2) Each such nonjudicial officer and employee shall be placed in his
or her grade on the April, 2020 salary schedule in the manner provided
as follows:
(i) If his or her basic annual salary under the April, 2019 salary
schedule, including any increase pursuant to paragraph 1 of this subdi-
vision, 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 position, that
basic annual salary shall be increased to the corresponding rate of
compensation in such grade as established by the April, 2020 salary
schedule; or
(ii) If his or her basic annual salary under the April, 2019 salary
schedule, including any increase pursuant to paragraph 1 of this subdi-
vision, 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 position, 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, 2020 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 a title on such date
in the security series under the unified court system's classification
structure shall receive a payment equaling 750 dollars, if he or she:
(i) served the equivalent of 120 workdays in a title in such security
series during the preceding state fiscal year; and (ii) was authorized
to carry a firearm while on duty at any time during the preceding 15
months. Such payment shall be prorated for any such nonjudicial officer
or employee otherwise entitled thereto whose position is part-time, but
not compensated on a per diem or hourly basis.
(4) 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) 2,100 dollars, if he or she has less
than 25 years of such service as of such date; or (ii) 2,200 dollars, if
he or she has at least 25 but less than 30 years of such service as of
S. 7440 5
such date; or (iii) 2,300 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:
(1) Commencing April 1, 2019, any nonjudicial officer or employee to
whom the provisions of section three of this act apply shall receive
location pay as follows:
(i) at a rate of 4,200 dollars, if his or her principal place of
employment is in the city of New York; or
(ii) at a rate of 2,100 dollars, if his or her principal place of
employment is in Dutchess County, Putnam County or Orange County.
(2) commencing April 1, 2020, any nonjudicial officer or employee to
whom the provisions of section three of this act apply shall receive
location pay as follows:
(i) at a rate of 4,300 dollars, if his or her principal place of
employment is in the city of New York; or
(ii) at a rate of 2,150 dollars, if his or her principal place of
employment is in Dutchess County, Putnam County or Orange County.
(b) Effective April 1, 2019, the location pay provided in this section
shall be in lieu of any other location pay provided by law. Prior to
such date, the location pay for any nonjudicial officer or employee to
whom the provisions of section three of this act apply shall be as else-
where provided by law.
(c) Except as provided in subdivisions (a) and (b) of this section, no
nonjudicial officer or employee to whom the provisions of section three
of this act apply shall receive location pay. Any location pay author-
ized hereunder shall be in addition to and shall not be a part of an
employee'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 apply
and whose position is part-time, but not compensated on a per diem or
hourly basis.
§ 5. (a) 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
collective bargaining agreement is negotiated by the unified court
system pursuant to article fourteen of the civil service law with an
employee organization representing nonjudicial officers and employees of
the unified court system in a negotiating unit other than the state
negotiating unit, the chief administrator of the courts, with the agree-
ment of such employee organization, shall deliver to the comptroller a
certificate that such collective bargaining agreement is in effect where
the provisions of sections three and four of this act are provided for
therein.
(b) In the event that subdivision (a) of this section applies to a
nonjudicial officer or employee in a collective negotiating unit on
account of a collective bargaining agreement negotiated by the unified
court system with an employee organization representing nonjudicial
officers and employees in such unit, the following provisions shall
apply, as appropriate, notwithstanding any other provision of law:
(1) No nonjudicial officer or employee in such unit may receive a
bonus based upon years of continuous service pursuant to this section
where he or she, as of the date on which the collective bargaining
agreement specified herein takes effect, already has received such bonus
S. 7440 6
pursuant to law other than a provision of this act unless the amount of
the bonus that has been received is less than the amount of the bonus to
which such nonjudicial officer or employee would otherwise be entitled
pursuant to this section in which event such nonjudicial officer or
employee shall receive a bonus equaling the difference between the two
amounts.
(2) Any full or partial increment received by a nonjudicial officer or
employee in such unit on a date prior to the date on which the collec-
tive bargaining agreement specified herein takes effect, pursuant to law
other than a provision of this act, shall not be considered when deter-
mining, for purposes of this act:
(i) such nonjudicial officer or employee's basic annual salary on a
specified date; and
(ii) whether such nonjudicial officer or employee is eligible to
receive a full or partial increment of the grade of his or her position
on that date.
(3) Any location pay to which a nonjudicial officer or employee in
such unit shall be entitled during a fiscal year on account of 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 during a fiscal year pursuant to the provisions of this
section has received location pay during such fiscal year, 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.
§ 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
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, bonuses or other payments,
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, 2017, and
pending payment pursuant to this act of the basic annual salaries of
incumbents of positions subject to this act commencing April 1, 2017,
S. 7440 7
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,
2017 until the time when basic annual salaries are first paid pursuant
to this act for such service in excess of the compensation actually
received therefor shall be entitled to a lump sum payment for the
difference between the salary to which such incumbent is entitled for
such service and the compensation actually received therefor. Such lump
sum payment shall be made as soon as practicable, except that such lump
sum payment shall not be made, nor shall any lump sum payment pursuant
to any other provision of law be made to any employee or former employee
serving in a position in a negotiating unit specified in section one of
this act between April 1, 2014 and April 1, 2017 on account of service
in such position, unless the legislature has appropriated forty-three
million dollars to the administrative office of the courts for the
express purpose of funding such lump sum payments, as provided in
section nine of this act or some other provision of law.
§ 9. The sum of forty-three million dollars ($43,000,000) is hereby
appropriated out of any moneys in the state treasury in the general fund
to the credit of the state purposes account, not otherwise appropriated,
and made immediately available to the administrative office of the
courts for payment pursuant to this act of the costs and expenses there-
under necessary during the 2017-18 state fiscal year, including lump sum
payments due employees pursuant to section eight of this act on account
of service during a state fiscal year prior to the 2017-18 fiscal year;
provided, however, where provisions of law require expenditures that
must be paid from appropriations from funds of the state other than the
general fund or that, by established administrative practice, are paid
from such funds, the chief administrator of the courts shall so certify
to the comptroller, and thereupon the appropriation provided in this
section shall be available for such expenditures.
§ 10. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017.
