S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5052
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               April 4, 2019
                                ___________
 
 Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  public  authorities  law,  in  relation  to  salary
   adjustments according to plan and step-ups or increments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (a) of subdivision  3  of  section  3669  of  the
 public  authorities  law, as amended by chapter 355 of the laws of 2018,
 is amended to read as follows:
   (a) During a control period, upon a finding by the  authority  that  a
 wage  freeze  is  essential  to  the adoption or maintenance of a county
 budget or a financial plan that is in compliance with  this  title,  the
 authority,  after  enactment  of  a resolution so finding, may declare a
 fiscal crisis. Upon making such a declaration, the  authority  shall  be
 empowered to order that all increases in salary or wages of employees of
 the county and employees of covered organizations which will take effect
 after  the  date  of  the order pursuant to collective bargaining agree-
 ments, other analogous contracts or interest arbitration awards, now  in
 existence  or hereafter entered into, requiring such salary increases as
 of any date thereafter are suspended. Such order may also  provide  that
 all increased payments for holiday and vacation differentials, and shift
 differentials  for  employees  of  the  county  and employees of covered
 organizations which will take effect after the date of the order  pursu-
 ant  to  collective  bargaining agreements, other analogous contracts or
 interest arbitration awards requiring such increased payments as of  any
 date  thereafter are, in the same manner, suspended. Such order may also
 provide that all increased payments for salary adjustments according  to
 plan  and  step-ups  or increments be suspended; provided, however, when
 (i) the county executive provides a four year financial plan approved by
 the county legislature pursuant to paragraph (a) of subdivision  two  of
 section  thirty-six  hundred sixty-seven of this title and the authority
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11072-01-9

 S. 5052                             2
 
 determines, pursuant to paragraph (b) of  such  subdivision,  that  such
 financial  plan is complete and complies with the standards set forth in
 such subdivision, and (ii) the authority makes a  certification  to  the
 county  setting  forth  revenue  estimates agreed to by the authority in
 accordance with such determination, the salary adjustments according  to
 plan and step-ups or increments, not including cost of living increases,
 shall  not  be  suspended for each year in which the four year financial
 plan has been certified. This [section] INABILITY TO SUSPEND THE  SALARY
 ADJUSTMENTS ACCORDING TO PLAN AND STEP-UPS OR INCREMENTS shall be appli-
 cable to county employees and employees of covered organizations, wheth-
 er or not they are covered by a collectively negotiated agreement, if an
 individual  employee  or members of an employee's bargaining unit previ-
 ously participated in a wage freeze implemented by the  authority  under
 this section and such wage freeze was subsequently lifted by the author-
 ity by the issuance of a resolution, pursuant to paragraph (b) OR (C) of
 THIS subdivision [three of section thirty-six hundred sixty-nine of this
 title],  certifying  that  the  suspension of their wage increases or an
 agreement by the collective bargaining representative or by such  unrep-
 resented  employee was an acceptable and appropriate contribution toward
 alleviating the fiscal crisis of the county. IRRESPECTIVE OF  THE  DURA-
 TION OF ANY APPROVED OR ACCEPTED FOUR-YEAR FINANCIAL PLAN, FOR EMPLOYEES
 WHO  ARE  MEMBERS  OF  A  BARGAINING UNIT, THIS INABILITY TO SUSPEND THE
 SALARY ADJUSTMENT ACCORDING TO PLAN AND  STEP-UPS  OR  INCREMENTS  SHALL
 TAKE  EFFECT  OCTOBER FIRST, TWO THOUSAND SIXTEEN AND SHALL BE IN EFFECT
 FOR EMPLOYEES FOR THE DURATION OF THE NEXT COLLECTIVE BARGAINING  AGREE-
 MENT SUCCEEDING EITHER (I) THE COLLECTIVE BARGAINING AGREEMENT IN EFFECT
 ON  NOVEMBER  SIXTH,  TWO  THOUSAND  EIGHTEEN  OR (II) THE MOST RECENTLY
 EXPIRED COLLECTIVE BARGAINING AGREEMENT PRIOR  TO  NOVEMBER  SIXTH,  TWO
 THOUSAND  EIGHTEEN;  WHICHEVER  IS LATER.   IF THE SUCCEEDING COLLECTIVE
 BARGAINING AGREEMENT'S DURATION IS MODIFIED, EXTENDED, OR RENEWED,  THIS
 MODIFICATION,  EXTENSION OR RENEWAL DOES NOT MODIFY, EXTEND OR RENEW THE
 TERM OF THE INABILITY TO SUSPEND SALARY ADJUSTMENTS  ACCORDING  TO  PLAN
 AND  STEP-UPS  OR  INCREMENTS.  FOR  EMPLOYEES  WHO ARE NOT MEMBERS OF A
 BARGAINING UNIT, THIS INABILITY TO SUSPEND THE SALARY ADJUSTMENT ACCORD-
 ING TO PLAN AND STEP-UPS OR INCREMENTS SHALL BE EFFECTIVE OCTOBER FIRST,
 TWO THOUSAND SIXTEEN THROUGH DECEMBER FIRST,  TWO  THOUSAND  TWENTY-ONE.
 For the purposes of computing the pension base of retirement allowances,
 any  suspended salary or wage increases and any suspended other payments
 shall not be considered as part of compensation or final compensation or
 of annual salary earned or earnable. The  suspensions  authorized  here-
 under  shall continue until one year after the date of the order and, to
 the extent of any determination of the authority that a continuation  of
 such  suspensions, to a date specified by the authority, is necessary in
 order to achieve the objectives of the financial plan, such  suspensions
 shall  be  continued  to the date specified by the authority, which date
 shall in no event be later than the end of the interim  finance  period,
 provided that such suspensions shall terminate with respect to employees
 who  have  agreed  to  a  deferral  of  salary or wage increase upon the
 certification of the agreement by the authority  pursuant  to  paragraph
 (b) of this subdivision.
   §  2.  This  act  shall  take  effect on the same date and in the same
 manner as chapter 355 of the laws of 2018, takes effect.