S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7618
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 14, 2019
                                ___________
 
 Introduced by M. of A. ABBATE -- read once and referred to the Committee
   on Governmental Employees
 
 AN  ACT  to  amend  the civil service law, in relation to geographic pay
   differentials for state employees
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivision 7 of section 130 of the civil service law, as
 amended by chapter 74 of the  laws  of  2000,  is  amended  to  read  as
 follows:
   7.  Geographic  pay  differentials.  [Whenever the director finds that
 under community wage practices in private or other public employment  in
 one or more areas or locations, wage rates of employees in a given occu-
 pation  are  substantially higher than the wage rates paid by the state,
 he may, subject to the approval of the director of the budget, authorize
 a pay differential to be added as an adjustment to the hiring rate,  the
 job  rate  and the longevity steps of the salary grade or grades for the
 same or related occupations in  the  state  service  in  such  areas  or
 locations.    A  pay  differential  under  this  subdivision  shall be a
 percentage or a fixed dollar amount as prescribed in each  case  by  the
 director  of  the  classification  and  compensation division subject to
 approval of the director of the budget. Such differentials shall be paid
 to employees whose basic annual salary is at or below the unadjusted job
 rate of the salary grade or at or below the unadjusted longevity step of
 the salary grade to which the employees are entitled based on the crite-
 ria specified in subdivision three  of  this  section.  Those  employees
 whose basic annual salary is above the unadjusted job rate for the sala-
 ry  grade  and who are not entitled to be paid at a longevity step shall
 receive a portion of the differential sufficient to increase their sala-
 ry to the adjusted job rate. Those employees whose basic  annual  salary
 is  above the unadjusted longevity step to which they are entitled shall
 receive a portion of the differential sufficient to increase their sala-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11651-01-9

 A. 7618                             2

 ry to such longevity step as adjusted by the differential. Such  differ-
 entials  shall  be in addition to and shall not be part of an employee's
 basic annual salary, and shall not  affect  or  impair  any  performance
 advancement  payments,  performance  awards, longevity payments or other
 rights or benefits to which  an  employee  may  be  entitled  under  the
 provisions  of  this  chapter,  provided, however, that any differential
 payable pursuant to this subdivision shall be included  as  compensation
 for  retirement purposes. A pay differential shall be terminated for any
 employee when he ceases to be employed  in  the  position,  or  area  or
 location for which such pay differential was authorized. A pay differen-
 tial  shall  remain  in  effect  until terminated by the director of the
 classification and compensation division, with the consent of the direc-
 tor of the budget or until a new pay differential is authorized pursuant
 to this subdivision. The director of the budget  may  adopt  such  regu-
 lations  as  he  may  deem necessary to carry out the provisions of this
 subdivision. Employees who on April first, nineteen hundred seventy-nine
 are receiving additional compensation as a result of a previous determi-
 nation to authorize a geographic area pay differential shall continue to
 receive such additional compensation while employed in the position  for
 which  such  differential  was authorized.] BY APRIL FIRST OF EACH YEAR,
 THE DIRECTOR SHALL IMPLEMENT GEOGRAPHIC PAY DIFFERENTIALS  IDENTICAL  TO
 THE LOCALITY PAY ADJUSTMENTS OF THE FEDERAL GOVERNMENT WHICH TAKE EFFECT
 ON OR ABOUT JANUARY FIRST OF THAT YEAR.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.