Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 30, 2022 |
signed chap.361 |
Jun 22, 2022 |
delivered to governor |
Jun 03, 2022 |
returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.768 substituted for a10526 |
Jun 02, 2022 |
referred to ways and means delivered to assembly passed senate message of necessity - 3 day message ordered to third reading cal.1921 committee discharged and committed to rules referred to finance |
Senate Bill S9478
Signed By Governor2021-2022 Legislative Session
Provides for compensation and other terms and conditions of employment of certain state officers and employees; appropriation
download bill text pdfSponsored By
(D, WF) 31st 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 2, 2022
aye (63)- Addabbo Jr.
- Akshar
- Bailey
- Biaggi
- Borrello
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Cleare
- Comrie
- Cooney
- Felder
- Gallivan
- Gaughran
- Gianaris
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Parker
- Persaud
- Ramos
- Rath III
- Reichlin-Melnick
- Ritchie
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
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Jun 2, 2022 - Rules Committee Vote
S947820Aye0Nay0Aye with Reservations1Absent0Excused0Abstained -
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2021-S9478 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10526
- Law Section:
- Appropriations
- Laws Affected:
- Rpld §130 sub 1 ¶a sub¶¶ 1 - 5, ¶d sub¶¶ 1-5, amd §§130 & 208, Civ Serv L; amd §8, St Fin L; amd §17, Chap 333 of 1969; rpld & add §19 sub 1, Cor L
2021-S9478 (ACTIVE) - Summary
Provides for 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; makes an appropriation therefor (Part A)
2021-S9478 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9478 SPONSOR: JACKSON 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 thereof (Part A); and to amend the civil service law and the correction law, in relation to sala- ries of certain state officers and employees excluded from collective negotiating units; to repeal certain provisions of the civil service law and the correction law relating thereto; and making an appropriation for the purpose of effectuating certain provisions thereof (Part B) PURPOSE:
Part A of 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 desig- nated as the Administrative Services Unit, the Institutional Services Unit, the Operational Services Unit and the Division of Military and Naval Affairs Unit ("the units"). Part B of this bill would provide the State's approximately 10,000 unrepresented employees who are prohibited from collective negotiations by the Taylor Law, including managerial or confidential ("M/C") employ- ees, with benefits and increases in compensation at levels that are comparable to the benefits and increases in compensation received by employees represented by employee organizations during the period April 1, 2021 through March 31, 2023. This bill would continue comparability of benefits by supplementing existing appropriations to provide benefits and other aspects of employment that are on a par with those negotiated for represented employees by their respective employee organizations. These funds would provide for employee benefit and training and develop- ment programs, and the M/C share of negotiated programs. SUMMARY OF PROVISIONS: PART A OF THE BILL: Section 1 of this part would repeal subparagraphs 1, 2, 3, 4 and 5 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, 2021 to April 1, 2026. Section 2 of this part would amend CSL § 208(2) to provide a period of unchallenged representation status for employee organizations for a period of four years, commencing in 2021, with the Executive Branch of the State. Section 3 of this part would amend CSL § 130(3)(e), governing longevity payments, to provide certain payments, effective April 1, 2025, to eligible employees who attain 12, 17 or 22 years of service, in accord- ance with the terms of the Agreement and in the amounts set forth there- in. Section 4 of this part 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 part would amend SFL § 8(12-e) to continue payments for personal property damaged or destroyed in the course of the perform- ance of official duties to employees in the units, during the period commencing after March 31, 2021 and ending prior to April 1, 2026. Section 6 of this part would authorize the Office of Employee Relations and the employee organization representing members of the units to enter into an agreement to provide additional compensation to eligible employ- ees in cases where the Director of Classification and Compensation has exercised authority under Section 130(4) of the CSL. Section 7 of this part would provide increases in compensation for covered members of the units, including: (a) a 2% basic annual salary increase effective April 1, 2021 for officers and employees on the administrative payroll and effective March 25, 2021 for officers and employees on the institutional payroll; (b) a 2% basic annual salary increase effective March 31, 2022 for officers and employees on the administrative payroll and effective April 7, 2022 for officers and employees on the institutional payroll; (c) a 3% basic annual salary increase effective March 30, 2023 for officers and employees on the administrative payroll and effective April 6, 2023 for officers and employees on the institutional payroll; (d) a 3% basic annual salary increase effective March 28, 2024 for officers and employees on the administrative payroll and effective April 4, 2024 for officers and employees on the institutional payroll; and (e) a 3% basic annual salary increase effective March 27, 2025 for officers and employees on the administrative payroll and effective April 3, 2025 for officers and employees on the institutional payroll. Section 8 of this part would provide annual salary increases for posi- tions in the nonprofessional service at the contract colleges of Cornell and Alfred Universities not to exceed those set forth in Section 7 of this part. Section 9 of this part would provide a one-time lump sum payment to eligible employees of the units who were active on the date of ratifica- tion of the Agreement and in continuous service from that date until March 30, 2023, in an amount as set forth in the Agreement between the parties. This payment shall not be considered salary for retirement purposes and shall not become part of basic annual salary. Section 10 of this part 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, Dutch- ess, Putnam, Orange and Monroe. Effective April 1, 2023, the location compensation for employees whose principal place of employment is located in New York City or in the counties of Westchester, Rockland or Suffolk shall be increased to an annual rate of $3,087, while employees whose principal place of employment is in the county of Dutchess, Putnam or Orange shall be increased to an annual rate of $1,543. Effective April 1, 2024, the location compensation for employees whose principal place of employment is located in New York City or in the counties of Westchester, Rockland or Suffolk shall be increased to an annual rate of $3,400, while employees whose principal place of employment is in the county of Dutchess, Putnam or Orange shall be increased to an annual rate of $1,650, Section 11 of this part would continue location compensation for certain officers and employees of the Hudson Valley Developmental Disabilities Services Office. Section 12 of this part would continue inconvenience pay to certain full-time employees of the Office for People with Developmental Disabil- ities who are required to sleep over at their work site. Section 13 of this part 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 14 of this part would continue assignment to duty pay in the form of an annual lump sum payment to employees in particular assign- ments provided for by the Agreement. Such benefit shall be available until March 30, 2026, unless an extension is negotiated by the parties to the Agreement. Section 15 of this part 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, 2026. Section 16 of this part 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 Agree- ment. Section 17 of this part would continue inconvenience pay for certain employees who work in the overnight hours at a rate of $575 per year. Section 18 of this part would authorize contributions to employee dependent care accounts in amounts and for the time periods specified by the Agreement. Section 19 of this part would provide for the payment and publication of grievance and arbitration settlements and awards pursuant to the Agree- ment. Section 20 of this part would continue a statewide labor-management committee to address issues of productivity and quality of work life in accordance with the Agreement. Section 21 of this part 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 22 of this part would fix the date upon which salary increases and deferred payment of salary increases provided for by the Agreement shall be received. Section 23 of this part would authorize a lump sum payment for retroac- tive salary increases and compensation modifications deemed in effect on April 1, 2021, until the time when basic annual salaries and other compensation due are first paid, as provided for by this part. Section 24 of this part would authorize the State Comptroller to pay any amounts required by this bill during the fiscal year commencing April 1, 2022 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 depart- ments and agencies, from any appropriations available in any fund, the amounts necessary to pay such amounts. Section 25 of this part 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 26 of this part 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 27 of this part would provide a variety of non-personal service appropriations pursuant to the terms of the Agreement. Section 28 of this part would require this bill to become effective immediately and deem it to have been in full force and effect on and after April 2, 2021, contingent on ratification of the Agreement. PART B OF THE BILL: Section 1 of this part would repeal subparagraphs 1, 2, 3, 4 and 5 of CSL § 130(1)(d) and replace them with new subparagraphs 1 and 2 to provide new salary schedules for competitive, noncompetitive and labor class employees designated M/C, or who are otherwise excluded from representation rights, for the period of April 1, 2021 to March 31, 2023. Section 2 of this part would repeal Correction Law § 19(1) and replace it with a new subdivision 1 providing new salary schedules for super- intendents of correctional facilities. Section 3 of this part would amend CSL § 130(8)(b) to make technical corrections to the manner in which longevity payments are administered for unrepresented employees. Section 4 of this part would authorize increases in basic annual salary of 2 percent effective April 1, 2021 and 2 percent effective April 1, 2022. Additionally, this section provides for performance advancements, merit awards and longevity payments for non-statutorily paid employees. Sections 5 and 6 of this part would provide salary increases consistent with those provided in Section 4 of this part for certain State officers and employees in the Division of State Police, certain State employees in the State University and certain employees of the contract colleges at Cornell and Alfred. Section 7 of this part would, for each of the years 2021 and 2022, make available an amount equal to 0.5 % of the total of basic annual salaries of eligible State employees of the contract colleges at Cornell and Alfred as of June 30 of each year, for distribution to eligible employ- ees at the discretion of the State University Trustees. Section 7 also would make available an amount equal to 0.5 % of the total of basic annual salaries of eligible employees of the contract colleges at Cornell and Alfred as of June 30 in 2021 and 2022, respectively, for distribution to eligible employees, at the discretion of the State University Trustees and with the approval of the Chancellor and the Director of the Budget, to address equity, compression and inversion issues. Section 8 of this part 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, Dutch- ess, Putnam, Orange and Monroe. Section 9 of this part would continue location compensation for certain officers and employees of the Hudson Valley Developmental Disabilities Services Office. Section 10 of this part would provide for the continuation of an over- time meal allowance for employees covered by this part. Section 11 of this part 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 part. Section 12 of this part would continue authorization for payment of grievance settlements and awards pursuant to the Executive Order No. 42 grievance procedure, which applies to M/C employees. Section 13 of this part would provide that salary increases, pursuant to this part, shall be effective on the first day of the first pay period nearest to the effective date of any such salary increase. Section 14 of this part would authorize a lump sum payment for retroac- tive salary increases and compensation modifications deemed in effect on April 1, 2021, until the time when basic annual salaries and other compensation due are first paid, as provided for by this part. Section 15 of this part would provide that the Director of the Budget may withhold any salary increase in order to reflect the job performance of an officer or an employee, to maintain appropriate salary relation- ships among employees, to reduce state expenditures to acceptable levels, or whenever such increase is not warranted or is not appropri- ate. Section 16 of this part would authorize the State Comptroller to pay any amounts required by this bill during the fiscal year commencing April 1, 2022 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 depart- ments and agencies, from any appropriations available in any fund, the amounts necessary to pay such amounts. Section 17 of this part would provide a lump sum appropriation for personal service for use by state departments or agencies to carry out the provisions of this bill. Section 18 of this part would provide for an immediate effective date of this part, which shall be deemed to have been in full force and effect on and after April 1, 2021. Appropriations shall remain in full force and effect for liabilities incurred through March 31, 2023. STATEMENT IN SUPPORT: PART A OF THE BILL: Enactment of this part of the 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 53,000 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, 2021 and this new Agreement covers the time period of April 2, 2021, to April 1, 2026. 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. PART B OF THE BILL: This part of the bill establishes terms and conditions of employment for M/C and other unrepresented employees for the period April 1, 2021 through March 31, 2023. This includes compensation increases and payments that are comparable to collectively negotiated increases and payments for certain represented employees. Such parity is essential to provide for appropriate salary administration by maintaining proper salary relationships, mitigating salary compression, assuring productiv- ity, maintaining good morale, and to allow for the recruitment and retention of competent staff. BUDGET IMPLICATIONS: Part A of the bill would provide appropriations totaling approximately $ 220,000,000 to pay for the cost of the negotiated Agreement during the period April 2, 2021 to March 31, 2023. Part B of the bill would provide appropriations totaling approximately $ 130,000,000 to pay its cost during the period April 1, 2021 through March 31, 2023. EFFECTIVE DATE: Part A of this bill would take effect immediately and be deemed to have been in effect on and after April 2, 2021, pursuant to ratification of the Agreement. Part B of this bill would take effect immediately and be deemed to have been in effect on and after April 1, 2021.
2021-S9478 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9478 I N S E N A T E June 2, 2022 ___________ Introduced by Sen. JACKSON -- (at request of the Governor) -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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 thereof (Part A); and to amend the civil service law and the correction law, in relation to salaries of certain state officers and employees excluded from collective negotiating units; to repeal certain provisions of the civil service law and the correction law relating thereto; and making an appropriation for the purpose of effectuating certain provisions thereof (Part B) THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act enacts into law legislation necessary to implement collective bargaining agreements and to implement changes to salary and benefits for certain state officers and employees excluded from collec- tive negotiating units. Each component is wholly contained within a Part identified as Parts A through B. The effective date for each particular provision contained within such Part is set forth in the last section of such Part. Any provision in any section contained within a Part, including the effective date of the Part, which makes reference to a section "of this act", when used in connection with that particular component, shall be deemed to mean and refer to the corresponding section of the Part in which it is found. Section two of this act sets forth the general severability clause applicable to this act. Section three of this act sets forth the general effective date of this act. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD12051-01-2 S. 9478 2 PART A SALARIES AND BENEFITS FOR CERTAIN STATE OFFICERS AND EMPLOYEES IN THE ADMINISTRATIVE, INSTITUTIONAL, OPERATIONAL AND DIVISION OF MILITARY AND NAVAL AFFAIRS UNITS 2021-2025 Section 1. Subparagraphs 1, 2, 3, 4 and 5 of paragraph a of subdivi- sion 1 of section 130 of the civil service law are REPEALED and five new subparagraphs 1, 2, 3, 4 and 5 are added to read as follows: (1) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-ONE FOR OFFICERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH TWENTY- FIFTH, TWO THOUSAND TWENTY-ONE FOR OFFICERS AND EMPLOYEES ON THE INSTI- TUTIONAL PAYROLL: SG HR STEP STEP STEP STEP STEP STEP JR INCR 1 2 3 4 5 6 1 25825 26696 27567 28438 29309 30180 31051 31922 871 2 26811 27726 28641 29556 30471 31386 32301 33216 915 3 28150 29105 30060 31015 31970 32925 33880 34835 955 4 29379 30390 31401 32412 33423 34434 35445 36456 1011 5 30785 31844 32903 33962 35021 36080 37139 38198 1059 6 32507 33608 34709 35810 36911 38012 39113 40214 1101 7 34304 35459 36614 37769 38924 40079 41234 42389 1155 8 36239 37437 38635 39833 41031 42229 43427 44625 1198 9 38257 39510 40763 42016 43269 44522 45775 47028 1253 10 40446 41759 43072 44385 45698 47011 48324 49637 1313 11 42792 44170 45548 46926 48304 49682 51060 52438 1378 12 45241 46667 48093 49519 50945 52371 53797 55223 1426 13 47923 49416 50909 52402 53895 55388 56881 58374 1493 14 50697 52251 53805 55359 56913 58467 60021 61575 1554 15 53641 55261 56881 58501 60121 61741 63361 64981 1620 16 56646 58341 60036 61731 63426 65121 66816 68511 1695 17 59834 61624 63414 65204 66994 68784 70574 72364 1790 18 63290 65161 67032 68903 70774 72645 74516 76387 1871 19 66681 68645 70609 72573 74537 76501 78465 80429 1964 20 70170 72210 74250 76290 78330 80370 82410 84450 2040 21 73932 76067 78202 80337 82472 84607 86742 88877 2135 22 77895 80127 82359 84591 86823 89055 91287 93519 2232 23 82062 84392 86722 89052 91382 93712 96042 98372 2330 24 86528 88939 91350 93761 96172 98583 100994 103405 2411 25 91309 93827 96345 98863 101381 103899 106417 108935 2518 (2) EFFECTIVE MARCH THIRTY-FIRST, TWO THOUSAND TWENTY-TWO FOR OFFICERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE APRIL SEVENTH, TWO THOUSAND TWENTY-TWO 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 26342 27230 28118 29006 29894 30782 31670 32558 888 2 27347 28280 29213 30146 31079 32012 32945 33878 933 3 28713 29687 30661 31635 32609 33583 34557 35531 974 4 29967 30998 32029 33060 34091 35122 36153 37184 1031 5 31401 32481 33561 34641 35721 36801 37881 38961 1080 6 33157 34280 35403 36526 37649 38772 39895 41018 1123 7 34990 36168 37346 38524 39702 40880 42058 43236 1178 8 36964 38186 39408 40630 41852 43074 44296 45518 1222 S. 9478 3 9 39022 40300 41578 42856 44134 45412 46690 47968 1278 10 41255 42594 43933 45272 46611 47950 49289 50628 1339 11 43648 45054 46460 47866 49272 50678 52084 53490 1406 12 46146 47600 49054 50508 51962 53416 54870 56324 1454 13 48881 50404 51927 53450 54973 56496 58019 59542 1523 14 51711 53296 54881 56466 58051 59636 61221 62806 1585 15 54714 56366 58018 59670 61322 62974 64626 66278 1652 16 57779 59508 61237 62966 64695 66424 68153 69882 1729 17 61031 62857 64683 66509 68335 70161 71987 73813 1826 18 64556 66464 68372 70280 72188 74096 76004 77912 1908 19 68015 70018 72021 74024 76027 78030 80033 82036 2003 20 71573 73654 75735 77816 79897 81978 84059 86140 2081 21 75411 77589 79767 81945 84123 86301 88479 90657 2178 22 79453 81730 84007 86284 88561 90838 93115 95392 2277 23 83703 86080 88457 90834 93211 95588 97965 100342 2377 24 88259 90718 93177 95636 98095 100554 103013 105472 2459 25 93135 95703 98271 100839 103407 105975 108543 111111 2568 (3) EFFECTIVE MARCH THIRTIETH, TWO THOUSAND TWENTY-THREE FOR OFFICERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE APRIL SIXTH, TWO THOUSAND TWENTY-THREE 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 27132 28047 28962 29877 30792 31707 32622 33537 915 2 28167 29128 30089 31050 32011 32972 33933 34894 961 3 29574 30577 31580 32583 33586 34589 35592 36595 1003 4 30866 31928 32990 34052 35114 36176 37238 38300 1062 5 32343 33455 34567 35679 36791 37903 39015 40127 1112 6 34152 35309 36466 37623 38780 39937 41094 42251 1157 7 36040 37253 38466 39679 40892 42105 43318 44531 1213 8 38073 39332 40591 41850 43109 44368 45627 46886 1259 9 40193 41509 42825 44141 45457 46773 48089 49405 1316 10 42493 43872 45251 46630 48009 49388 50767 52146 1379 11 44957 46405 47853 49301 50749 52197 53645 55093 1448 12 47530 49028 50526 52024 53522 55020 56518 58016 1498 13 50347 51916 53485 55054 56623 58192 59761 61330 1569 14 53262 54895 56528 58161 59794 61427 63060 64693 1633 15 56355 58057 59759 61461 63163 64865 66567 68269 1702 16 59512 61293 63074 64855 66636 68417 70198 71979 1781 17 62862 64743 66624 68505 70386 72267 74148 76029 1881 18 66493 68458 70423 72388 74353 76318 78283 80248 1965 19 70055 72118 74181 76244 78307 80370 82433 84496 2063 20 73720 75863 78006 80149 82292 84435 86578 88721 2143 21 77673 79916 82159 84402 86645 88888 91131 93374 2243 22 81837 84182 86527 88872 91217 93562 95907 98252 2345 23 86214 88662 91110 93558 96006 98454 100902 103350 2448 24 90907 93440 95973 98506 101039 103572 106105 108638 2533 25 95929 98574 101219 103864 106509 109154 111799 114444 2645 (4) EFFECTIVE MARCH TWENTY-EIGHTH, TWO THOUSAND TWENTY-FOUR FOR OFFI- CERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE APRIL FOURTH, TWO THOUSAND TWENTY-FOUR FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL PAYROLL: SG HR STEP STEP STEP STEP STEP STEP JR INCR S. 9478 4 1 2 3 4 5 6 1 27946 28888 29830 30772 31714 32656 33598 34540 942 2 29012 30002 30992 31982 32972 33962 34952 35942 990 3 30461 31494 32527 33560 34593 35626 36659 37692 1033 4 31792 32886 33980 35074 36168 37262 38356 39450 1094 5 33313 34458 35603 36748 37893 39038 40183 41328 1145 6 35177 36369 37561 38753 39945 41137 42329 43521 1192 7 37121 38370 39619 40868 42117 43366 44615 45864 1249 8 39215 40512 41809 43106 44403 45700 46997 48294 1297 9 41399 42754 44109 45464 46819 48174 49529 50884 1355 10 43768 45188 46608 48028 49448 50868 52288 53708 1420 11 46306 47797 49288 50779 52270 53761 55252 56743 1491 12 48956 50499 52042 53585 55128 56671 58214 59757 1543 13 51857 53473 55089 56705 58321 59937 61553 63169 1616 14 54860 56542 58224 59906 61588 63270 64952 66634 1682 15 58046 59799 61552 63305 65058 66811 68564 70317 1753 16 61297 63131 64965 66799 68633 70467 72301 74135 1834 17 64748 66685 68622 70559 72496 74433 76370 78307 1937 18 68488 70512 72536 74560 76584 78608 80632 82656 2024 19 72157 74282 76407 78532 80657 82782 84907 87032 2125 20 75932 78139 80346 82553 84760 86967 89174 91381 2207 21 80003 82313 84623 86933 89243 91553 93863 96173 2310 22 84292 86707 89122 91537 93952 96367 98782 101197 2415 23 88800 91322 93844 96366 98888 101410 103932 106454 2522 24 93634 96243 98852 101461 104070 106679 109288 111897 2609 25 98807 101531 104255 106979 109703 112427 115151 117875 2724 (5) EFFECTIVE MARCH TWENTY-SEVENTH, TWO THOUSAND TWENTY-FIVE FOR OFFI- CERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE APRIL THIRD, TWO THOUSAND TWENTY-FIVE FOR OFFICERS AND EMPLOYEES ON THE INSTI- TUTIONAL PAYROLL: SG HR STEP STEP STEP STEP STEP STEP JR INCR 1 2 3 4 5 6 1 28784 29754 30724 31694 32664 33634 34604 35574 970 2 29882 30902 31922 32942 33962 34982 36002 37022 1020 3 31375 32439 33503 34567 35631 36695 37759 38823 1064 4 32746 33873 35000 36127 37254 38381 39508 40635 1127 5 34312 35491 36670 37849 39028 40207 41386 42565 1179 6 36232 37460 38688 39916 41144 42372 43600 44828 1228 7 38235 39521 40807 42093 43379 44665 45951 47237 1286 8 40391 41727 43063 44399 45735 47071 48407 49743 1336 9 42641 44037 45433 46829 48225 49621 51017 52413 1396 10 45081 46544 48007 49470 50933 52396 53859 55322 1463 11 47695 49231 50767 52303 53839 55375 56911 58447 1536 12 50425 52014 53603 55192 56781 58370 59959 61548 1589 13 53413 55077 56741 58405 60069 61733 63397 65061 1664 14 56506 58238 59970 61702 63434 65166 66898 68630 1732 15 59787 61593 63399 65205 67011 68817 70623 72429 1806 16 63136 65025 66914 68803 70692 72581 74470 76359 1889 17 66690 68685 70680 72675 74670 76665 78660 80655 1995 18 70543 72628 74713 76798 78883 80968 83053 85138 2085 19 74322 76511 78700 80889 83078 85267 87456 89645 2189 20 78210 80483 82756 85029 87302 89575 91848 94121 2273 21 82403 84782 87161 89540 91919 94298 96677 99056 2379 22 86821 89308 91795 94282 96769 99256 101743 104230 2487 S. 9478 5 23 91464 94062 96660 99258 101856 104454 107052 109650 2598 24 96443 99130 101817 104504 107191 109878 112565 115252 2687 25 101771 104577 107383 110189 112995 115801 118607 121413 2806 § 2. Subdivision 2 of section 208 of the civil service law, as amended by chapter 165 of the laws of 2017, 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 calendar year two thousand [sixteen] TWENTY-ONE having a term in excess of three years shall be treated as an agreement for a term certain spec- ified 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 chapter 165 of the laws of 2017, 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 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. (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 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 sixteen, on their anniversary date have ten 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 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 S. 9478 6 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 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 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 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 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 eligi- ble 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 Octo- ber 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 para- graph (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. (5) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FIVE, 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 TWENTY-FIVE, ON THEIR ANNI- VERSARY DATE HAVE TWELVE OR MORE YEARS, BUT LESS THAN SEVENTEEN YEARS, OF CONTINUOUS SERVICE WITHIN ONE OR ANY OF THE COLLECTIVE BARGAINING UNITS, SHALL RECEIVE A LUMP SUM PAYMENT IN THE AMOUNT OF ONE THOUSAND FIVE HUNDRED DOLLARS. (6) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FIVE, WHERE, AND TO THE EXTENT THAT, AN AGREEMENT BETWEEN THE STATE AND AN EMPLOYEE ORGANIZATION S. 9478 7 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 TWENTY-FIVE, ON THEIR ANNI- VERSARY DATE HAVE SEVENTEEN OR MORE YEARS BUT LESS THAN TWENTY-TWO YEARS OF CONTINUOUS SERVICE WITHIN ONE OR ANY OF THE COLLECTIVE BARGAINING UNITS SHALL RECEIVE A LUMP SUM PAYMENT IN THE AMOUNT OF THREE THOUSAND DOLLARS. (7) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FIVE, 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 TWENTY-FIVE, ON THEIR ANNI- VERSARY DATE HAVE TWENTY-TWO OR MORE YEARS OF CONTINUOUS SERVICE WITHIN ONE OR ANY OF THE COLLECTIVE BARGAINING UNITS SHALL RECEIVE A LUMP SUM PAYMENT IN THE AMOUNT OF FOUR THOUSAND FIVE HUNDRED DOLLARS. (8) SUCH LUMP SUM PAYMENT, AS PROVIDED BY SUBPARAGRAPHS FIVE, SIX AND SEVEN OF 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. (9) SUCH LUMP SUM PAYMENT, AS PROVIDED BY SUBPARAGRAPHS FIVE, SIX AND SEVEN OF THIS PARAGRAPH, SHALL BE PAYABLE IN APRIL OF EACH FISCAL YEAR, OR AS SOON AS PRACTICABLE THEREAFTER, FOR THOSE ELIGIBLE EMPLOYEES WHO HAVE ACHIEVED THE CONTINUOUS SERVICE REQUIRED FOR A SPECIFIC PAYMENT DURING THE PERIOD OCTOBER FIRST THROUGH MARCH THIRTY-FIRST OF THE PREVI- OUS FISCAL YEAR. SUCH LUMP SUM PAYMENT, AS PROVIDED BY SUBPARAGRAPH FIVE, SIX OR SEVEN OF THIS PARAGRAPH, SHALL BE PAYABLE IN OCTOBER OF EACH FISCAL YEAR, OR AS SOON AS PRACTICABLE THEREAFTER, FOR THOSE ELIGI- BLE EMPLOYEES WHO HAVE ACHIEVED THE CONTINUOUS SERVICE, AS DEFINED BY THIS SECTION, REQUIRED FOR A SPECIFIC PAYMENT DURING THE PERIOD APRIL FIRST THROUGH SEPTEMBER THIRTIETH OF THAT SAME FISCAL YEAR. (10) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-FIVE, NO EMPLOYEE SHALL RECEIVE A LONGEVITY PAYMENT PURSUANT TO SUBPARAGRAPH ONE, TWO OR THREE OF THIS PARAGRAPH. ALL EMPLOYEES, TO THE EXTENT ELIGIBLE, SHALL RECEIVE A LONGEVITY PAYMENT PURSUANT TO SUBPARAGRAPH FIVE, SIX OR SEVEN OF THIS PARAGRAPH. § 4. Subdivision 12-d of section 8 of the state finance law, as amended by chapter 322 of the laws of 2021, 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 or her part by an incarcerated individual, patient or client of such department or agency after March thirty-first, two thousand [sixteen] TWENTY-ONE and prior to April first, two thousand [twenty-one] TWENTY-SIX, 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 S. 9478 8 relations shall deliver to the comptroller a letter that there is in effect with respect to such negotiating 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. Paragraph (a) of subdivision 12-e of section 8 of the state finance law, as amended by chapter 165 of the laws of 2017, is amended to read as follows: (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 administrative services unit, institutional services unit, operational services unit or 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 [sixteen] TWENTY-ONE and prior to April first, two thousand [twenty-one] TWENTY-SIX. 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. Notwithstanding any other provision of law, when, in the adminis- trative services unit, the institutional services unit, the operational services unit or the division of military and naval affairs unit, a determination has been implemented to increase the hiring salary of a position in accordance with subdivision 4 of section 130 of the civil service law, incumbents of such positions who are employed in any state department, state institution or other state agency, in the particular area or areas or location or locations affected, who did not receive the benefit of the new hiring salary or have their salaries brought up to such new hiring salary may receive increased compensation as determined by an agreement between the office of employee relations and the employ- ee organization representing such units. § 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- S. 9478 9 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 1, 2021 for officers and employees on the adminis- trative payroll and effective March 25, 2021 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 March 31, 2022 for officers and employees on the adminis- trative payroll and effective April 7, 2022 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 March 30, 2023 for officers and employees on the adminis- trative payroll and effective April 6, 2023 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 three percent adjusted to the nearest whole dollar amount. 5. Effective March 28, 2024 for officers and employees on the adminis- trative payroll and effective April 4, 2024 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 three percent adjusted to the nearest whole dollar amount. 6. Effective March 27, 2025 for officers and employees on the adminis- trative payroll and effective April 3, 2025 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 three 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 such 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 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 S. 9478 10 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 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, 2021 to March 31, 2026, the basic annual salaries of positions in the nonprofes- sional service, except those positions in the Cornell service and main- S. 9478 11 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 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. For employees in the administrative services unit, institutional services unit, operational services unit and division of military and naval affairs unit, effective March 30, 2023 for officers and employees on the administrative payroll and effective April 6, 2023 for officers S. 9478 12 and employees on the institutional payroll pursuant to article 14 of the civil service law a lump sum payment of $3,000 shall be made to each employee in such units in full-time annual salaried employment status who was (i) active on the date of ratification of the agreement between the state and the employee organization covering such employee and (ii) in continuous service, as defined by paragraph (c) of subdivision 3 of section 130 of the civil service law, from that date until March 30, 2023 for officers and employees on the administrative payroll and effec- tive April 6, 2023 for officers and employees on the institutional payroll except such payment shall be made to an eligible employee who retires directly from state service between the dates in (i) and (ii). Such lump sum shall not be considered salary for retirement purposes and shall not become part of basic annual salary. Notwithstanding the fore- going provisions of this subdivision, officers and employees who would have otherwise been eligible to receive such lump sum payment, but who were not on the payroll on such date, shall be eligible for said payment if they return to full-time employment status during the fiscal year 2023 without a break in continuous service. Such payment shall be prorated for employees in less than full-time annual salaried service. § 10. 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, 2021, 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, 2021, continue to receive a mid-Hudson adjustment at the annual rate of $1,513. Effective April 1, 2023, in the city of New York, or in the county of Rockland, Westchester, Nassau or Suffolk such amount shall increase to an annual rate of $3,087; and in the county of Dutchess, Putnam or Orange such amount shall increase to an annual rate of $1,543. Effective April 1, 2024, in the city of New York, or in the county of Rockland, Westchester, Nassau or Suffolk such amount shall increase to an annual rate of $3,400; and in the county of Dutchess, Putnam or Orange such amount shall increase to an annual rate of $1,650. 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 benefits 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 S. 9478 13 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. § 11. 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 unit or the operational services 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 ten 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 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 ten shall continue to be eligible for such location pay if such officer's or employee's principal 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. § 12. 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. § 13. 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 S. 9478 14 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 addi- tional 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, 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 compensation shall be paid in addition to and shall not be a part of the employee's basic annual salary. § 14. Assignment to duty pay. Notwithstanding any inconsistent provisions of law, effective April 1, 2021, 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, 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, 2026 unless an extension is negotiated by the parties. Such lump sum shall be considered salary only for final average salary retirement purposes. § 15. Long term seasonal employees. Notwithstanding any inconsistent provisions of law, effective April 1, 2021, 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, 2026. § 16. 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. S. 9478 15 § 17. 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 chap- ter 165 of the laws of 2017, 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, [2016] 2021. 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. § 18. 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. § 19. 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. § 20. During the period April 2, 2021 through April 1, 2026, 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, 2021, 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. S. 9478 16 § 21. 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. § 22. Date of entitlement to salary increase. Notwithstanding the provisions of this act or of any other law, the increase in salary or compensation of any officer or employee provided by this act shall be added to the salary or compensation of such officer or employee at the beginning of that payroll period the first day of which is nearest to the effective date of such increases 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 dates of such increases as provided in this act, provided, however, that for the purposes of deter- mining 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 a 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. Payment of such salary increase may be deferred pursuant to section twenty-three of this act. § 23. 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, 2021, 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 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. § 24. The comptroller is authorized to pay any amounts required during the fiscal year commencing April 1, 2022 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. § 25. 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, S. 9478 17 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. § 26. Notwithstanding any provision of the state finance law or any other provision of law to the contrary, the sum of $220,000,000 is here- by 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, 2022 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 amend- ment 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, 2021 through March 31, 2023. For this purpose, these appropriations shall remain in full force and effect for the payment of liabilities incurred on or before March 31, 2023. § 27. 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, 2022 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, 2021 through March 31, 2023. 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. ALL STATE DEPARTMENTS AND AGENCIES SPECIAL PAY BILLS General Fund / State Operations State Purposes Account - 003 Non-personal Service Joint committee on health benefits ............. 1,980,864 Employee training and development ............. 15,942,512 Safety and health maintenance committee .......... 947,861 Employment security committee .................... 793,506 Work-Life Services ............................. 3,781,531 Discipline ....................................... 566,930 Statewide performance rating committee ............ 62,948 Employee Assistance Program ...................... 949,044 Property damage ................................... 46,866 Work related clothing (operational services unit) ........................................ 1,537,802 S. 9478 18 Tool allowance (operational services unit) ....... 112,321 Tool insurance (operational services unit) ........ 38,079 Uniform allowance (institutional services unit) .......................................... 605,312 Work related clothing (institutional services unit) ................................. 112,616 Work related clothing (administrative services unit) .................................. 62,500 Contract Administration .......................... 400,000 § 28. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. Appropri- ations made by this act shall remain in full force and effect for liabilities incurred through March 31, 2023. ------------------------------------------------------------------------ REPEAL NOTE.--Subparagraphs 1, 2, 3, 4 and 5 of paragraph a of subdi- vision 1 of section 130 of the civil service law, repealed by section one of this act, provided salary schedules for state employees in the administrative services unit, the operational services unit, the insti- tutional 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. PART B SALARIES AND BENEFITS FOR CERTAIN STATE OFFICERS AND EMPLOYEES EXCLUDED FROM COLLECTIVE NEGOTIATING UNITS FOR 2021-2022 Section 1. Subparagraphs 1, 2, 3, 4 and 5 of paragraph d of subdivi- sion 1 of section 130 of the civil service law are repealed and two new subparagraphs 1 and 2 are added to read as follows: (1) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-ONE: GRADE HIRING RATE JOB RATE M/C 3 $28,315 $36,198 M/C 4 $29,565 $37,840 M/C 5 $31,338 $39,677 M/C 6 $32,668 $41,712 M/C 7 $34,551 $43,970 M/C 8 $36,449 $46,235 M/C 9 $38,531 $48,696 M/C 10 $40,607 $51,399 M/C 11 $43,071 $54,251 M/C 12 $45,344 $57,097 M/C 13 $47,980 $60,270 M/C 14 $50,831 $63,583 M/C 15 $53,660 $67,016 M/C 16 $56,684 $70,591 M/C 17 $59,902 $74,486 M/C 18 $60,219 $74,724 M/C 19 $63,449 $78,611 M/C 20 $66,683 $82,553 M/C 21 $70,279 $86,817 M/C 22 $74,057 $91,378 S. 9478 19 M/C 23 $77,853 $97,268 M 1 $84,031 $106,218 M 2 $93,192 $117,800 M 3 $103,431 $130,705 M 4 $114,398 $144,369 M 5 $127,025 $160,485 M 6 $140,641 $176,900 M 7 $155,024 $191,996 M 8 $130,708+ (2) EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-TWO: GRADE HIRING RATE JOB RATE M/C 3 $28,881 $36,922 M/C 4 $30,156 $38,597 M/C 5 $31,965 $40,471 M/C 6 $33,321 $42,546 M/C 7 $35,242 $44,849 M/C 8 $37,178 $47,160 M/C 9 $39,302 $49,670 M/C 10 $41,419 $52,427 M/C 11 $43,932 $55,336 M/C 12 $46,251 $58,239 M/C 13 $48,940 $61,475 M/C 14 $51,848 $64,855 M/C 15 $54,733 $68,356 M/C 16 $57,818 $72,003 M/C 17 $61,100 $75,976 M/C 18 $61,423 $76,218 M/C 19 $64,718 $80,183 M/C 20 $68,017 $84,204 M/C 21 $71,685 $88,553 M/C 22 $75,538 $93,206 M/C 23 $79,410 $99,213 M 1 $85,712 $108,342 M 2 $95,056 $120,156 M 3 $105,500 $133,319 M 4 $116,686 $147,256 M 5 $129,566 $163,695 M 6 $143,454 $180,438 M 7 $158,124 $195,836 M 8 $133,322+ § 2. Subdivision 1 of section 19 of the correction law is REPEALED and a new subdivision 1 is added to read as follows: 1. THIS SECTION SHALL APPLY TO EACH SUPERINTENDENT OF A CORRECTIONAL FACILITY APPOINTED ON OR AFTER AUGUST NINTH, NINETEEN HUNDRED SEVENTY- FIVE AND ANY SUPERINTENDENT HERETOFORE APPOINTED WHO ELECTS TO BE COVERED BY THE PROVISIONS THEREOF BY FILING SUCH ELECTION WITH THE COMMISSIONER. A. THE SALARY SCHEDULE FOR SUPERINTENDENTS OF A CORRECTIONAL FACILITY WITH AN INMATE POPULATION CAPACITY OF FOUR HUNDRED OR MORE INMATES SHALL BE AS FOLLOWS: EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-ONE: HIRING RATE JOB RATE $133,007 $181,510 S. 9478 20 EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-TWO: HIRING RATE JOB RATE $135,667 $185,140 B. THE SALARY SCHEDULE FOR SUPERINTENDENTS OF CORRECTIONAL FACILITIES WITH AN INMATE POPULATION CAPACITY OF FEWER THAN FOUR HUNDRED INMATES SHALL BE AS FOLLOWS: EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-ONE: HIRING RATE JOB RATE $103,431 $130,707 EFFECTIVE APRIL FIRST, TWO THOUSAND TWENTY-TWO: HIRING RATE JOB RATE $105,500 $133,321 § 3. Paragraph (b) of subdivision 8 of section 130 of the civil service law, as amended by section 3 of part D of chapter 24 of the laws of 2019, is amended to read as follows: (b) Officers and employees to whom the provisions of this subdivision apply may receive lump sum merit awards in accordance with guidelines issued by the director of the budget within the appropriations made available therefor. Additionally, effective April first, nineteen hundred eighty-eight, and each April first thereafter, such officers and employees to whom the provisions of this subdivision apply whose basic annual salary equals or exceeds the job rate of the salary grade of their position who on their anniversary date have five or more years of continuous service as defined by paragraph (c) of subdivision three of this section at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade and whose basic annual salary is less than eight hundred seventy-five dollars during fiscal year two thousand seven-two thousand eight, one thousand dollars during fiscal year two thousand eight-two thousand nine, and one thousand one hundred twenty-five dollars during fiscal year two thousand nine-two thousand ten in excess of the job rate of the salary grade of their position shall on such anniversary date have their basic annual salary as otherwise effective increased by a longevity payment in the amount of eight hundred seventy-five dollars during fiscal year two thousand seven-two thousand eight, one thousand dollars during fiscal year two thousand eight-two thousand nine, and one thousand one hundred twenty- five dollars during fiscal year two thousand nine-two thousand ten, except that such officers and employees who on their anniversary date have ten or more years of continuous service as defined by paragraph (c) of subdivision three of this section at a basic annual salary rate equal to or in excess of the job rate or maximum salary of the salary grade of their position and whose basic annual salary is less than one thousand seven hundred fifty dollars during fiscal year two thousand seven-two thousand eight, two thousand dollars during fiscal year two thousand eight-two thousand nine, and two thousand two hundred fifty dollars during fiscal year two thousand nine-two thousand ten in excess of the job rate of the salary grade of their position shall on such anniversary date receive a longevity payment increasing their basic annual salary to that of the job rate of the salary grade of their position increased by one thousand seven hundred fifty dollars during fiscal year two thousand seven-two thousand eight, two thousand dollars during fiscal year two thousand eight-two thousand nine, and two thousand two hundred fifty dollars during fiscal year two thousand nine-two thousand ten. Such increases shall be effective at the beginning of the pay period follow- ing the anniversary date upon which the required service is attained. Effective April first, two thousand ten, however, such longevity S. 9478 21 payments shall be made in the amount of one thousand two hundred fifty dollars to officers and employees as defined herein who on their anni- versary date have five or more years of continuous service AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION AT A BASIC ANNUAL SALARY RATE EQUAL TO OR IN EXCESS OF THE JOB RATE OR MAXIMUM SALARY OF THEIR SALARY GRADE, and in the amount of two thousand five hundred dollars to officers and employees as defined herein who on their anni- versary date have ten or more years of continuous service AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION AT A BASIC ANNUAL SALARY RATE EQUAL TO OR IN EXCESS OF THE JOB RATE OR MAXIMUM SALARY OF THEIR SALARY GRADE. Effective April first, two thousand nineteen, however, such longevity payments shall be made in the amount of one thousand five hundred dollars to officers and employees as defined herein who on their anni- versary date have five or more years of continuous service AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION AT A BASIC ANNUAL SALARY RATE EQUAL TO OR IN EXCESS OF THE JOB RATE OR MAXIMUM SALARY OF THEIR SALARY GRADE, and in the amount of three thousand dollars to offi- cers and employees as defined herein who on their anniversary date have ten or more years of continuous service AS DEFINED BY PARAGRAPH (C) OF SUBDIVISION THREE OF THIS SECTION AT A BASIC ANNUAL SALARY RATE EQUAL TO OR IN EXCESS OF THE JOB RATE OR MAXIMUM SALARY OF THEIR SALARY GRADE. Additionally, effective April first, two thousand twenty, such officers and employees to whom the provisions of this subdivision apply whose basic annual salary equals or exceeds the job rate of the salary grade of their position who on their anniversary date have fifteen or more years of continuous service as defined by paragraph (c) of subdivision three of this section at a basic annual salary rate equal to or in excess of the job rate or maximum salary of their salary grade shall on such anniversary date receive a longevity payment in the amount of four thousand five hundred dollars. Such payments shall be made in addition to and shall not be considered part of basic annual salary and shall be made by separate check as soon as practicable following the anniversary date upon which the required service is attained. § 4. Compensation for certain state officers and employees. 1. The provisions of this section shall apply to the following annual-salaried state officers and employees: (a) officers and employees whose positions are designated managerial or confidential pursuant to article 14 of the civil service law; (b) civilian state employees of the division of mili- tary and naval affairs in the executive department whose positions are not in, or are excluded from representation rights in, any recognized or certified negotiating unit; (c) officers and employees excluded from representation rights under article 14 of the civil service law pursuant to rules or regulations of the public employment relations board; and (d) officers and employees whose salaries are prescribed by section 19 of the correction law. 2. For such officers and employees the following increases shall apply: effective April 1, 2021, the basic annual salary of officers and employees to whom the provisions of this subdivision apply shall be increased by two percent adjusted to the nearest whole dollar amount, and effective April 1, 2022 the basic annual salary of officers and employees to whom the provisions of this subdivision apply shall be increased by two percent adjusted to the nearest whole dollar amount. 3. If an unencumbered position is one that, if encumbered, would be subject to the provisions of this section, the salary of such position shall be increased by the salary increase amount specified in this S. 9478 22 section. If a position is created and is 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. 4. The increase in salary payable pursuant to this section shall apply on a prorated basis in accordance with guidelines issued by the director of the budget to officers and employees otherwise eligible to receive an increase in salary pursuant to this act 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. 5. Notwithstanding any of the foregoing provisions of this section, the provisions of this section shall not apply to the following except as otherwise provided by law: (a) officers or employees paid on a fee schedule basis; (b) officers or employees whose salaries are prescribed by section 40, 60, or 169 of the executive law; (c) officers or employ- ees in collective negotiating units established pursuant to article 14 of the civil service law. 6. Officers and employees to whom the provisions of this section apply who are incumbents of positions that are not allocated to salary grades specified in paragraph d of subdivision 1 of section 130 of the civil service law and whose salary is not prescribed in any other statute shall receive the salary increases specified in subdivision two of this section. 7. In order to provide for the officers and employees to whom this section applies who are not allocated to salary grades performance advancements, merit awards, longevity payments and in lieu payments, and special achievement awards in proportion to those provided to persons to whom this section applies who are allocated to salary grades, the direc- tor of the budget is authorized to add appropriate adjustments to the compensation that such officers and employees are otherwise entitled to receive. The director of the budget shall issue certificates that shall contain schedules of positions and the salaries or payments thereof for which adjustments or payments are made pursuant to the provisions of this subdivision, and a copy of each such certificate shall be filed with the state comptroller, the department of civil service, the chair of the senate finance committee and the chair of the assembly ways and means committee. 8. Notwithstanding any of the foregoing provisions 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 subdivision two of this section shall not cause such officer's or employee's salary to exceed the job rate of any such lower graded position at salary grade. 9. 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. § 5. Compensation for certain state officers and employees in the division of state police. 1. The provisions of this section shall apply S. 9478 23 to officers and employees whose salaries are provided for by paragraph (a) of subdivision 1 of section 215 of the executive law. 2. Effective April 1, 2021, the basic annual salary of officers and employees to whom the provisions of this subdivision apply shall be increased by two percent adjusted to the nearest whole dollar amount, and effective April 1, 2022 the basic annual salary of officers and employees to whom the provisions of this subdivision apply shall be increased by two percent adjusted to the nearest whole dollar amount. 3. The increases in salary payable pursuant to this section shall apply on a prorated basis in accordance with guidelines issued by the director of the budget to officers and employees otherwise eligible to receive an increase in salary pursuant to this act 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. 4. Notwithstanding any of the foregoing provisions 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 increase in salary provided in subdivision two of this section shall not cause such officer's or employee's salary to exceed the job rate of any such lower graded position at salary grade. § 6. Compensation for certain state employees in the state university and certain employees of contract colleges at Cornell and Alfred univer- sities. 1. (a) Effective April 1, 2021, the basic annual salary of incumbents of positions in the professional service in the state univer- sity that are designated, stipulated, or excluded from negotiating units as managerial or confidential as defined pursuant to article 14 of the civil service law, may be increased pursuant to plans approved by the state university trustees. Such increase in basic annual salary rates shall not exceed in the aggregate two percent of the total basic annual salary rates in effect on March 31, 2021. (b) Effective April 1, 2022, the basic annual salary of incumbents of positions in the professional service in the state university that are designated, stipulated, or excluded from negotiating units as managerial or confidential as defined pursuant to article 14 of the civil service law, may be increased pursuant to plans approved by the state university trustees. Such increase in basic annual salary rates shall not exceed in the aggregate two percent of the total basic annual salary rates in effect on March 31, 2022. 2. (a) Effective April 1, 2021, the basic annual salary of incumbents of positions in the institutions under the management and control of Cornell and Alfred universities as representatives of the board of trus- tees of the state university that, in the opinion of the director of employee relations, would be designated managerial or confidential were they subject to article 14 of the civil service law may be increased pursuant to plans approved by the state university trustees. Such increase in basic annual salary rates shall not exceed in the aggregate two percent of the total basic annual salary rates in effect March 31, 2021. (b) Effective April 1, 2022, the basic annual salary of incumbents of positions in the institutions under the management and control of Cornell and Alfred universities as representatives of the board of trus- tees of the state university that, in the opinion of the director of S. 9478 24 employee relations, would be designated managerial or confidential were they subject to article 14 of the civil service law may be increased pursuant to plans approved by the state university trustees. Such increase in basic annual salary rates shall not exceed in the aggregate two percent of the total basic annual salary rates in effect March 31, 2022. 3. (a) During the period April 1, 2021 through March 31, 2022, the basic annual salary of incumbents of positions in the non-professional service that, in the opinion of the director of employee relations, would be designated managerial or confidential were they subject to article 14 of the civil service law, except those positions in the Cornell service and maintenance unit that 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 that 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 trus- tees of the state university may be increased pursuant to plans approved by the state university trustees. Such plans may include a new salary schedule which shall supersede the salary schedules then in effect applicable to such employees. Such plans shall provide for an increase in basic annual salary, which, exclusive of performance advancement payments or merit recognition payments, shall not exceed in the aggre- gate two percent of the total basic annual salary rates in effect on March 31, 2021. (b) During the period April 1, 2022 through March 31, 2023, the basic annual salary of incumbents of positions in the non-professional service that, in the opinion of the director of employee relations, would be designated managerial or confidential were they subject to article 14 of the civil service law, except those positions in the Cornell service and maintenance unit that are subject to the terms of a collective bargain- ing agreement between Cornell University and the employee organization representing employees in such positions and except those positions in the Alfred service and maintenance unit that 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 a new salary schedule which shall supersede the salary schedules then in effect applicable to such employees. Such plans shall provide for an increase in basic annual salary, which, exclusive of performance advancement payments or merit recognition payments, shall not exceed in the aggregate two percent of the total basic annual salary rates in effect on March 31, 2022. 4. For the purposes of this section, the basic annual salary of an employee is that salary that is obtained through direct appropriation of state moneys for the purpose of paying wages. Nothing in this part shall prevent increasing amounts paid to incumbents of such positions in the professional service in addition to the basic annual salary, provided, however, that the amounts required for such increase and the cost of fringe benefits attributable to such increase, as determined by the comptroller, are made available to the state in accordance with the S. 9478 25 procedures established by the state university, with the approval of the director of the budget, for such purposes. 5. Notwithstanding any of the foregoing provisions of this section or 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 section apply pursuant to section fourteen of this act. § 7. Compensation for certain state employees in the state university that are designated, stipulated, or excluded from negotiating units as managerial or confidential pursuant to article 14 of the civil service law and certain employees of contract colleges at Cornell and Alfred universities. 1. The provisions of this subdivision shall apply only to incumbents of positions in bargaining unit 13 in the professional service of the state university that are designated, stipulated or excluded from nego- tiating units as managerial or confidential pursuant to article 14 of the civil service law. (a) For each of the years 2021 and 2022, there shall be available an amount equal to one-half of one percent (0.5%) of the total of the basic annual salaries on June 30 of each such year of incumbents to whom the provisions of this subdivision apply, for distribution to such incum- bents on the payroll on June 30 of each such year and at the time of payment by the state university trustees in their discretion, and subject to the approval of the chancellor and the director of the budg- et. (b) Additionally, for each of the years 2021 and 2022 there also shall be available an amount equal to one-half of one percent (0.5%) of the total of the basic annual salaries on June 30 of each such year of incumbents to whom the provisions of this subdivision apply, for distribution to such incumbents on the payroll on June 30 of each such year and at the time of payment by the state university trustees in their discretion, and subject to the approval of the chancellor and the director of the budget, to address equity, compression and inversion issues. Such distributions as described in this paragraph shall occur not later than December 31 of each year, and shall be retroactive to July 1 of such year. 2. The compensation increases in subdivision one of this section may also be provided by Cornell and Alfred universities, within available appropriations, at their discretion, and with the requisite approval of the state university trustees and the director of the budget, to incum- bents of positions in the institutions under the management of Cornell and Alfred universities as representative of the board of trustees of the state university of New York that, in the opinion of the director of employee relations, would be designated managerial or confidential were they subject to article 14 of the civil service law. § 8. Location compensation for certain state officers and employees. 1. This section shall apply to all full-time annual salaried state officers and employees and non-annual salaried seasonal state officers and employees except the following: (a) officers and employees of the legislature and the judiciary, including officers and employees of boards, bodies and commissions that are deemed to be part of the legislature or judiciary for the purposes of section 49 of the state finance law; (b) officers and employees whose salaries are prescribed by or deter- mined in accordance with section 40, 60, 169, 215 or 216 of the execu- tive law; S. 9478 26 (c) incumbents of allocated or unallocated positions in the profes- sional service in the state university and in institutions under the management and control of Cornell and Alfred universities as represen- tatives of the board of trustees of the state university; (d) officers and employees who are in recognized or certified collec- tive negotiating units pursuant to article 14 of the civil service law. 2. Notwithstanding the provisions of section 15 of chapter 333 of the laws of 1969, as amended, officers and employees subject to this section whose principal place of employment or, in the case of field employees, whose official station as determined in accordance with the regulations of the comptroller is located: (a) in the county of Monroe and who were eligible 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. (b) in the city of New York, or in the county of Rockland, Westches- ter, Nassau, or Suffolk shall continue to receive a downstate adjustment at the rate of $3,026 effective October 1, 2008. (c) in the county of Dutchess, Orange, or Putnam shall continue to receive a mid-Hudson adjustment at the rate of $1,513 effective October 1, 2008. 3. Such location payments shall be in addition to and shall not be a part of an employee's basic annual salary and shall not affect or impair any advancements or other rights or benefits to which an 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. 4. For the sole purpose of continuing eligibility for location pay in Monroe county, an 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. § 9. 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 not represented in collective negotiating units estab- lished pursuant to article 14 of the civil service law 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 specified by such section. 2. Notwithstanding section eight of this act or any other provision of law, rule or regulation to the contrary, any officer or employee of the Hudson Valley developmental disabilities services office not represented in collective negotiating units established pursuant to article 14 of the civil service law who is receiving location pay pursuant to section eight of this act shall continue to be eligible for such location pay if such officer's or employee's principal 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 such Hudson Valley developmental disabilities services office located outside of the county of Rockland. The rate of such continued location pay shall not exceed the rate such officer or employee is receiving on the date of such reas- signment, appointment, or promotion. S. 9478 27 § 10. Overtime meal allowance. Notwithstanding any other provision of law to the contrary, individuals in positions in the classified service of the state of New York designated managerial or confidential pursuant to article 14 of the civil service law, shall continue to receive, effective April 1, 2011, an overtime meal allowance in the amount of $5.50 pursuant to eligibility guidelines developed by the director of employee relations. § 11. Effect of participation in special annuity program. 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 that employee 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. § 12. 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 settlements and awards pursuant to executive order 42, dated October 14, 1970, and title 9, part 560, official compilation of codes, rules and regulations of the state of New York. § 13. Date of entitlement to salary increase. Notwithstanding the provisions of this act or of any other law, the increase in salary or compensation of any officer or employee provided by this act shall be added to the salary or compensation of such officer or employee at the beginning of that payroll period the first day of which is nearest to the effective date of such increases 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 dates of such increases as provided in this act, provided, however, that for the purposes of deter- mining 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 a 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. Payment of such salary increase may be deferred pursuant to section fourteen of this act. § 14. Deferred payment of salary increase. 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 compensation 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, 2021, 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 and the salary and other compensation actually received. § 15. 1. Notwithstanding the provisions of any other section of this act or any other provision of law to the contrary, any increase in compensation provided: (a) in this act, or (b) as a result of a promotion, appointment, or advancement to a position in a higher salary grade, or (c) pursuant to paragraph (c) of subdivision 6 of section 131 S. 9478 28 of the civil service law, or (d) pursuant to paragraph (b) of subdivi- sion 8 of section 130 of the civil service law, or (e) pursuant to para- graph (a) of subdivision 3 of section 13 of chapter 732 of the laws of 1988, as amended, 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 offi- cers or employees of the state, or to reduce state expenditures to acceptable levels or when, in the opinion of the director of the budget, such increase is not warranted or is not appropriate. As a result of an exercise of the director's authority under this act to withhold any increase, such salary schedules as defined in section one of this act shall be implemented and/or modified by the director of the budget, as necessary, consistent with the provision or withholding of such increases pursuant to this section. 2. Notwithstanding the provisions of any other section of this act, the salary increase provided for in this act shall not be implemented until the director of the budget delivers notice to the comptroller that such amounts may be paid. § 16. 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 during the fiscal year commencing April 1, 2022 by the 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 are insufficient in any fund to accomplish the purposes herein set forth, the director of the budget is authorized to allocate to the various departments and agencies, from any appropri- ations available in any fund, the amounts necessary to pay such amounts. The aforementioned appropriations shall be available for payment of any liabilities or obligations incurred prior to April 1, 2022 in addition to current liabilities. § 17. Notwithstanding any provision of the state finance law or any other provision of law to the contrary, the sum of $130,000,000 is here- by 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 state fiscal year April 1, 2022 through March 31, 2023 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 expendi- ture 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. The monies hereby appropriated are available for payment of any liabilities or obligations incurred prior to or during the state fiscal year April 1, 2022 through March 31, 2023. For this purpose, the monies appropriated shall remain in full force and effect for the payment of liabilities incurred on or before March 31, 2023. § 18. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 1, 2021. Appro- priations made by this act shall remain in full force and effect for liabilities incurred through March 31, 2023. ------------------------------------------------------------------------ S. 9478 29 REPEAL NOTE.--Subparagraphs 1, 2, 3, 4 and 5 of paragraph d of subdi- vision 1 of section 130 of the civil service law, repealed by section one of this act, provided salary schedules for unrepresented state employees and are replaced by revised salary schedules in new subpara- graphs 1 and 2. Subdivision 1 of section 19 of the correction law, repealed by section two of this act, provided salary schedules for superintendents of correctional facilities and are replaced by revised salary schedules in new subdivision 1. § 2. Severability clause. If any clause, sentence, paragraph, subdivi- sion, section or part contained in any part of this act shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, para- graph, subdivision, section or part contained in any part thereof directly involved in the controversy which such judgment shall have been rendered. It is hereby declared to be the intent of the legislature that this act would have been enacted even if such invalid provisions had not been included herein. § 3. This act shall take effect immediately provided, however, that the applicable effective date of Parts A through B of this act shall be as specifically set forth in the last section of such Part.
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