Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 11, 2021 |
signed chap.150 delivered to governor |
Jun 10, 2021 |
returned to senate passed assembly ordered to third reading rules cal.747 substituted for a8036 |
Jun 10, 2021 |
substituted by s7232 |
Jun 09, 2021 |
ordered to third reading rules cal.747 rules report cal.747 reported reported referred to rules |
Jun 08, 2021 |
reference changed to ways and means |
Jun 07, 2021 |
referred to governmental employees |
Assembly Bill A8036
Signed By Governor2021-2022 Legislative Session
Relates to compensation, benefits and other terms and conditions of employment of certain state officers and employees; repealer
download bill text pdfSponsored By
ABBATE
Archive: Last Bill Status Via S7232 - 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 10, 2021
aye (63)- Addabbo Jr.
- Akshar
- Bailey
- Benjamin
- Biaggi
- Borrello
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- 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 9, 2021 - Rules Committee Vote
S723216Aye0Nay5Aye with Reservations0Absent0Excused0Abstained -
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2021-A8036 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7232
- Law Section:
- Appropriations
- Laws Affected:
- Rpld §130 sub 1 ¶c sub¶¶ 1, 2 & 3, amd §130, Civ Serv L
2021-A8036 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8036 2021-2022 Regular Sessions I N A S S E M B L Y June 7, 2021 ___________ Introduced by M. of A. ABBATE -- (at request of the Governor) -- read once and referred to the Committee on Governmental Employees AN ACT to amend the civil service law, in relation to compensation, benefits and other terms and conditions of employment of certain state officers and employees; to implement agreements between the state and an employee organization; making an appropriation for the purpose of effectuating certain provisions thereof; and to repeal certain provisions of the civil service law relating thereto THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subparagraphs 1, 2 and 3 of paragraph c of subdivision 1 of section 130 of the civil service law is REPEALED and four new subpara- graphs 1, 2, 3 and 4 are added to read as follows: (1) EFFECTIVE APRIL FOURTH, TWO THOUSAND NINETEEN FOR OFFICERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH TWENTY- EIGHTH, TWO THOUSAND NINETEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITU- TIONAL PAYROLL: PS&T SALARY SCHEDULE EFFECTIVE APRIL 4, 2019 (ADMIN) EFFECTIVE MARCH 28, 2019 (INST) HIRING JOB ADVANCE JOB RATE SG RATE RATE AMOUNT ADVANCE 1 $23,778 $30,682 $987 $982 2 $24,680 $31,923 $1,035 $1,033 3 $25,889 $33,483 $1,085 $1,084 4 $27,050 $35,042 $1,138 $1,164 5 $28,332 $36,715 $1,198 $1,195 6 $29,851 $38,651 $1,257 $1,258 7 $31,526 $40,742 $1,308 $1,368 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD12025-02-1 A. 8036 2 8 $33,262 $42,895 $1,355 $1,503 9 $35,116 $45,200 $1,404 $1,660 10 $37,107 $47,709 $1,466 $1,806 11 $39,233 $50,405 $1,562 $1,800 12 $41,434 $53,081 $1,615 $1,957 13 $43,846 $56,107 $1,679 $2,187 14 $46,364 $59,186 $1,794 $2,058 15 $48,988 $62,457 $1,861 $2,303 16 $51,736 $65,849 $1,932 $2,521 17 $54,639 $69,558 $2,024 $2,775 18 $57,736 $73,418 $1,983 $3,784 19 $60,864 $77,301 $2,065 $4,047 20 $63,981 $81,172 $2,151 $4,285 21 $67,373 $85,425 $2,246 $4,576 22 $70,995 $89,886 $2,340 $4,851 23 $74,750 $94,548 $2,437 $5,176 24 $78,731 $99,394 $2,531 $5,477 25 $83,075 $104,711 $2,639 $5,802 26 $87,451 $107,795 $2,746 $3,868 27 $92,183 $113,542 $2,891 $4,013 28 $97,039 $119,181 $3,003 $4,124 29 $102,125 $125,075 $3,118 $4,242 30 $107,462 $131,215 $3,233 $4,355 31 $113,189 $137,791 $3,354 $4,478 32 $119,208 $144,599 $3,467 $4,589 33 $125,692 $151,882 $3,581 $4,704 34 $132,387 $159,447 $3,705 $4,830 35 $139,250 $167,145 $3,825 $4,945 36 $146,249 $175,064 $3,956 $5,079 37 $153,925 $183,601 $4,079 $5,202 38 $143,605 (2) EFFECTIVE APRIL SECOND, TWO THOUSAND TWENTY FOR OFFICERS AND EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH TWENTY- SIXTH, TWO THOUSAND TWENTY FOR OFFICERS AND EMPLOYEES ON THE INSTITU- TIONAL PAYROLL: PS&T SALARY SCHEDULE EFFECTIVE APRIL 2, 2020 (ADMIN) EFFECTIVE MARCH 26, 2020 (INST) HIRING JOB ADVANCE JOB RATE SG RATE RATE AMOUNT ADVANCE 1 $24,254 $31,297 $1,007 $1,001 2 $25,174 $32,564 $1,055 $1,060 3 $26,407 $34,150 $1,107 $1,101 4 $27,591 $35,740 $1,161 $1,183 5 $28,899 $37,447 $1,222 $1,216 6 $30,448 $39,423 $1,282 $1,283 7 $32,157 $41,555 $1,334 $1,394 8 $33,927 $43,753 $1,382 $1,534 9 $35,818 $46,103 $1,432 $1,693 10 $37,849 $48,662 $1,495 $1,843 11 $40,018 $51,410 $1,593 $1,834 12 $42,263 $54,140 $1,647 $1,995 13 $44,723 $57,231 $1,713 $2,230 14 $47,291 $60,371 $1,830 $2,100 A. 8036 3 15 $49,968 $63,705 $1,898 $2,349 16 $52,771 $67,169 $1,970 $2,578 17 $55,732 $70,946 $2,064 $2,830 18 $58,891 $74,887 $2,022 $3,864 19 $62,081 $78,849 $2,106 $4,132 20 $65,261 $82,794 $2,194 $4,369 21 $68,720 $87,133 $2,291 $4,667 22 $72,415 $91,684 $2,386 $4,953 23 $76,245 $96,441 $2,485 $5,286 24 $80,306 $101,379 $2,581 $5,587 25 $84,737 $106,802 $2,691 $5,919 26 $89,200 $109,951 $2,801 $3,945 27 $94,027 $115,813 $2,948 $4,098 28 $98,980 $121,565 $3,063 $4,207 29 $104,168 $127,577 $3,180 $4,329 30 $109,611 $133,839 $3,298 $4,440 31 $115,453 $140,547 $3,421 $4,568 32 $121,592 $147,491 $3,536 $4,683 33 $128,206 $154,920 $3,653 $4,796 34 $135,035 $162,636 $3,779 $4,927 35 $142,035 $170,488 $3,901 $5,047 36 $149,174 $178,565 $4,035 $5,181 37 $157,004 $187,273 $4,161 $5,303 38 $146,477 (3) 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: PS&T SALARY SCHEDULE EFFECTIVE APRIL 1, 2021 (ADMIN) EFFECTIVE MARCH 25, 2021 (INST) HIRING JOB ADVANCE JOB RATE SG RATE RATE AMOUNT ADVANCE 1 $24,739 $31,922 $1,027 $1,021 2 $25,677 $33,216 $1,076 $1,083 3 $26,935 $34,835 $1,129 $1,126 4 $28,143 $36,456 $1,184 $1,209 5 $29,477 $38,198 $1,246 $1,245 6 $31,057 $40,214 $1,308 $1,309 7 $32,800 $42,389 $1,361 $1,423 8 $34,606 $44,625 $1,409 $1,565 9 $36,534 $47,028 $1,461 $1,728 10 $38,606 $49,637 $1,525 $1,881 11 $40,818 $52,438 $1,625 $1,870 12 $43,108 $55,223 $1,680 $2,035 13 $45,617 $58,374 $1,747 $2,275 14 $48,237 $61,575 $1,867 $2,136 15 $50,967 $64,981 $1,936 $2,398 16 $53,826 $68,511 $2,010 $2,625 17 $56,847 $72,364 $2,105 $2,887 18 $60,069 $76,387 $2,063 $3,940 19 $63,323 $80,429 $2,148 $4,218 20 $66,566 $84,450 $2,238 $4,456 21 $70,094 $88,877 $2,337 $4,761 22 $73,863 $93,519 $2,434 $5,052 23 $77,770 $98,372 $2,535 $5,392 A. 8036 4 24 $81,912 $103,405 $2,633 $5,695 25 $86,432 $108,935 $2,745 $6,033 26 $90,984 $112,150 $2,857 $4,024 27 $95,908 $118,129 $3,007 $4,179 28 $100,960 $123,996 $3,124 $4,292 29 $106,251 $130,129 $3,244 $4,414 30 $111,803 $136,516 $3,364 $4,529 31 $117,762 $143,358 $3,490 $4,656 32 $124,024 $150,441 $3,607 $4,775 33 $130,770 $158,018 $3,726 $4,892 34 $137,736 $165,889 $3,855 $5,023 35 $144,876 $173,898 $3,979 $5,148 36 $152,157 $182,136 $4,116 $5,283 37 $160,144 $191,018 $4,244 $5,410 38 $149,407 (4) 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: PS&T SALARY SCHEDULE EFFECTIVE MARCH 31, 2022 (ADMIN) EFFECTIVE APRIL 7, 2022 (INST) HIRING JOB ADVANCE JOB RATE SG RATE RATE AMOUNT ADVANCE 1 $25,234 $32,558 $1,048 $1,036 2 $26,191 $33,878 $1,098 $1,099 3 $27,474 $35,531 $1,152 $1,145 4 $28,706 $37,184 $1,208 $1,230 5 $30,067 $38,961 $1,271 $1,268 6 $31,678 $41,018 $1,334 $1,336 7 $33,456 $43,236 $1,388 $1,452 8 $35,298 $45,518 $1,438 $1,592 9 $37,265 $47,968 $1,490 $1,763 10 $39,378 $50,628 $1,556 $1,914 11 $41,634 $53,490 $1,657 $1,914 12 $43,970 $56,324 $1,714 $2,070 13 $46,529 $59,542 $1,782 $2,321 14 $49,202 $62,806 $1,904 $2,180 15 $51,986 $66,278 $1,974 $2,448 16 $54,903 $69,882 $2,050 $2,679 17 $57,984 $73,813 $2,148 $2,941 18 $61,270 $77,912 $2,104 $4,018 19 $64,589 $82,036 $2,191 $4,301 20 $67,897 $86,140 $2,283 $4,545 21 $71,496 $90,657 $2,383 $4,863 22 $75,340 $95,392 $2,483 $5,154 23 $79,325 $100,342 $2,586 $5,501 24 $83,550 $105,472 $2,686 $5,806 25 $88,161 $111,111 $2,800 $6,150 26 $92,804 $114,393 $2,914 $4,105 27 $97,826 $120,492 $3,067 $4,264 28 $102,979 $126,476 $3,186 $4,381 29 $108,376 $132,732 $3,309 $4,502 30 $114,039 $139,246 $3,431 $4,621 31 $120,117 $146,225 $3,559 $4,754 32 $126,504 $153,450 $3,679 $4,872 A. 8036 5 33 $133,385 $161,178 $3,800 $4,993 34 $140,491 $169,207 $3,932 $5,124 35 $147,774 $177,376 $4,059 $5,248 36 $155,200 $185,779 $4,198 $5,391 37 $163,347 $194,838 $4,329 $5,517 38 $152,395 § 2. Compensation for certain state officers and employees in collec- tive negotiating units. 1. The provisions of this section shall apply to annual-salaried officers and employees in the collective negotiating unit designated as the professional, scientific and technical services unit established pursuant to article 14 of the civil service law. 2. Effective April fourth, two thousand nineteen for officers and employees on the administrative payroll and effective March twenty- eighth, two thousand nineteen for officers and employees on the institu- tional payroll, the basic annual salary of officers and employees in full-time employment status on the day before such payroll period shall be increased by two percent adjusted to the nearest whole dollar amount. 3. Effective April second, two thousand twenty for officers and employees on the administrative payroll and effective March twenty- sixth, two thousand twenty for officers and employees on the institu- tional payroll, the basic annual salary of officers and employees in full-time employment status on the day before such payroll period shall be increased by two percent adjusted to the nearest whole dollar amount. 4. 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, the basic annual salary of officers and employees in full-time employment status on the day before such payroll period shall be increased by two percent adjusted to the nearest whole dollar amount. 5. 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, the basic annual salary of officers and employees in full-time employment status on the day before such payroll period shall be increased by two percent adjusted to the nearest whole dollar amount. 6. Notwithstanding the provisions of subdivisions two, three, four and five 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 or the job rate of the salary grade of his or her posi- tion on the effective dates of the increases provided in these subdivi- sions, such basic annual salary shall be increased to the hiring rate or job rate, respectively, of such salary grade as contained in the appro- priate salary schedules in subparagraphs 1, 2, 3 and 4 of paragraph c 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. Except as herein provided to the contrary, 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 and five of this section. 7. Payments pursuant to the provisions of subdivision 6 of section 131 of the civil service law for 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 agreement 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. A. 8036 6 8. If an unencumbered position is one which if encumbered, would be subject to the provisions of this section, the salary of such position 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. Notwithstanding the provisions of this section, the director of the budget may reduce the salary of any such position which is or becomes vacant. 9. The increases in salary provided in subdivisions two, three, four and five of this section shall apply on a prorated basis to officers 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 subdivi- sions six, seven and fourteen of this section shall not apply to employ- ees serving on a per diem or seasonal basis, except as determined by the director of the budget. 10. In order to provide for the officers and employees to whom this section applies but are not allocated to salary grades, but are paid on an annual basis, increases and payments pursuant to subdivisions seven and fourteen 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 entitled 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 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. 11. 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, provided however, that the increases in basic annual salary provided for in subdivisions two, three, four and five of this section shall apply to fire instructors paid on a fee schedule basis employed by the division of homeland security and emergency services. 12. Notwithstanding any other provision of this section, except subdi- vision one, 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 this section shall not cause such officer's or employee's salary to exceed the job rate of such lower graded position. 13. Notwithstanding any other provision 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 are applicable when, in the opinion of the director of the budget and the director of employee relations, such increase is not warranted or is not appropriate for any reason. A. 8036 7 14. Notwithstanding any law, rule or regulation to the contrary, offi- cers and employees to whom the provisions of this section apply shall receive performance awards in accordance with the terms of a collective- ly negotiated agreement between the state and the employee organization representing such employees entered into pursuant to article 14 of the civil service law, effective for the period commencing April 2, 2019 and ending April 1, 2023, in accordance with the rules and regulations issued by the director of the budget to implement payment of such nego- tiated performance awards. § 3. Location compensation for certain state officers and employees. Notwithstanding any inconsistent provisions of law, officers and employ- ees, including seasonal officers and employees who shall continue to receive the compensation provided for pursuant to this section on a pro-rated basis except part-time officers and employees, in the collec- tive negotiating unit designated as the professional, scientific and technical services 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: (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 two hundred dollars per year provided they continue to be otherwise eligible; or (b) in the city of New York, or in the county of Rockland, Westchester, Nassau or Suffolk shall continue to receive a downstate adjustment at the annual rate of three thousand twenty-six dollars effective April 1, 2011; or (c) in the county of Dutchess, Putnam or Orange shall continue to receive a mid- Hudson adjustment at the annual rate of one thousand five hundred thir- teen dollars effective April 1, 2011. 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 eligi- bility for location pay in Monroe county, an officer or employee previ- ously 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. § 4. 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 unit desig- nated as the professional, scientific and technical 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 rate specified 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 unit desig- nated as the professional, scientific and technical 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. A. 8036 8 3. Notwithstanding section three 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 unit designated as the professional, scientific and techni- cal services unit, who is receiving location pay pursuant to section three of this act shall continue to be eligible for such location pay if as the result of a reduction or redeployment of staff, 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. The rate of such continued location pay shall not exceed the rate such officer or employee is receiving on the date of such reassignment, appointment or promotion. § 5. Special assignment to duty pay. Notwithstanding any inconsistent provisions of law, effective April 2, 2019, 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 special assignment to duty lump sum shall be paid each year to an employee who is serving in a particular assignment deemed quali- fied pursuant to such agreement. Such payment shall be in an amount negotiated 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 cessa- tion of the assignment to duty program on April 1, 2023 unless an exten- sion is negotiated by the parties. Such lump sum shall be considered salary only for final average salary retirement purposes. § 6. Long term seasonal employees. Notwithstanding any inconsistent provisions of law, effective April 2, 2019, 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 31, 2023. § 7. Notwithstanding any inconsistent provisions of law, where and to the extent that an agreement between the state and an employee organiza- tion entered into pursuant to article 14 of the civil service law so provides on behalf of employees in the collective negotiating unit designated as the professional, scientific and technical services 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 employees 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. § 8. 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 unit designated as the professional, scien- tific and technical services unit established pursuant to article 14 of the civil service law. A. 8036 9 § 9. During the period April 2, 2019 through April 1, 2023, 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 unit designated as the professional, scientific and technical services unit established pursuant to article 14 of the civil service law which shall after April 2, 2019, have the responsibility of studying, making recommendations concerning the major issues of produc- tivity, the quality of work life and implementing the agreements reached. § 10. Inconvenience pay program. Pursuant to chapter 333 of the laws of 1969, as amended, and an agreement negotiated between the state and an employee organization representing employees in the professional, scientific and technical services unit established pursuant to article 14 of the civil service law, an eligible employee shall continue to be paid five hundred seventy-five dollars per year for working four or more hours between the hours of 6:00 p.m. and 6:00 a.m. effective April 2, 2011. § 11. Notwithstanding any provision of law to the contrary, effective April 2, 2019, where and to the extent that an agreement between the state and an employee organization so provides for a program concerning a firearms training and safety incentive for peace officers in the professional, scientific and technical services bargaining unit, a lump sum payment for such incentive shall be paid for each year of such program to any employee who is deemed qualified pursuant to such agree- ment. Such payment shall be in an amount negotiated for those employees who meet criteria established by such program. Such payment shall occur at the time prescribed by such program or as soon as practicable there- after. Such lump sum payment shall not be paid in any year an employee does not meet the qualifications and criteria of such program or upon cessation of such program on April 1, 2023 unless an extension is nego- tiated by the parties. Such lump sum payment shall be considered salary for overtime purposes. § 12. Notwithstanding any provision of law to the contrary, effective April 2, 2019, 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 on behalf of certain employees in the collective negotiating unit designated as the professional, scien- tific and technical services unit, and where there exists a policy requiring employees in the fire protection specialist title series at the office of fire prevention and control to wear uniforms, a lump sum uniform allowance shall be paid to covered employees in accordance with the terms of such agreement and policy. Such payments shall be in an amount negotiated for covered employees and shall not be paid in any year where a policy does not exist requiring uniforms in accordance with the terms of the agreement or where an employee is not required to wear a uniform or receives a regular uniform service. Such uniform allowance will cease to exist on April 1, 2023, unless an extension is negotiated by the parties. Such lump sum shall be considered salary only for final average salary purposes. § 13. (a) Notwithstanding any provision of law to the contrary, as soon as practicable after the ratification of the collective bargaining agreement, where and to the extent that an agreement between the state and an employee organization so provides for a nurses uniform mainte- nance and cleaning allowance for the purpose of maintaining and cleaning their own nurses uniforms, such allowance shall be paid to eligible A. 8036 10 full-time annual salaried employees in nursing titles. The payment for such allowance shall be a one-time lump sum payment in the amount of five hundred dollars but shall not be added to base annual salary and shall not be considered salary for overtime nor retirement purposes. The payment for such allowance shall be pro-rated for individuals who are less than full-time annual salaried. (b) Notwithstanding any provision of law to the contrary, employees in eligible titles who fall under the pilot workers compensation program that was collectively negotiated by the state and an employee organiza- tion shall be paid in accordance with the terms of that agreed upon program. § 14. The salary increases and benefit modifications provided for by this act for state employees in the collective negotiating unit desig- nated as the professional, scientific and technical services unit estab- lished pursuant to article 14 of the civil service law shall not be implemented until the director of employee relations shall have deliv- ered to the director of the budget and the comptroller a letter certify- ing that there is in effect with respect to such negotiating unit a collectively negotiated agreement, ratified by the membership, which provides for such increases and modifications and which are fully executed in writing with the state pursuant to article 14 of the civil service law. § 15. Date of entitlement to salary increases. Notwithstanding the provisions of this act or of any other provision of law to the contrary, the increases in salary or compensation to employees provided by this act shall be added to the salary of such employee at the beginning of that payroll period, the first day of which is nearest to the effective dates 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 determining the salary of such unit members upon reclassification, reallocation, appointment, promotion, transfer, demotion, reinstatement, or other change of status, such salary increases shall be deemed to be effective on the dates thereof as prescribed by this act, with payment thereof pursuant to this section on a date prior thereto, instead of on such effective dates, and shall not operate to confer any additional salary rights or benefits on such unit members. Payment of such salary increases may be deferred pursuant to section sixteen of this act. § 16. 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, 2019, 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 agree- ment between the state and the employee organization representing the employees covered by this act. A. 8036 11 § 17. 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, 2019, April 1, 2020 or April 1, 2021, by the provisions of this act for any state department or agency from any appropriation or other funds available to such state department or agen- cy for personal service or for other related employee benefits during such fiscal year. To the extent that such appropriations are insuffi- cient in any fund to accomplish the purposes herein set forth, 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. The aforementioned appropriations shall be available for payment of any liabilities or obligations incurred prior to April 1, 2019, April 1, 2020 or April 1, 2021, in addition to current liabilities. § 18. 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 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. § 19. Notwithstanding any provision of the state finance law or any other provision of law to the contrary, the sum of $746,248,000 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 period April 1, 2019 through March 31, 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 expend- iture 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 period April 1, 2019 through March 31, 2022. For this purpose, the monies appropriated shall remain in full force and effect for the payment of liabilities incurred on or before March 31, 2022. § 20. 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 period commencing April 1, 2019 through March 31, 2022 to supplement appropriations from each respective fund available for 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 period commencing April 1, 2019 through March 31, 2022. No money shall be available for expenditure from the monies appropriated 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. A. 8036 12 MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES LABOR MANAGEMENT COMMITTEES General Fund/State Operations State Purposes Account - 10050 Professional, Scientific and Technical Services Unit Professional development and quality of working life committee.................................................. $1,388,000 Health and Safety ............................. $1,802,000 PSTP Program ................................. $14,740,000 Joint Funded Programs ......................... $2,568,000 Multi-Funded Programs ......................... $2,512,000 Professional Development for Nurses ........... $1,310,000 Property Damage .................................. $54,000 Work-Life Services ............................ $6,050,000 Joint Committee on Health Benefits ............ $1,310,000 Contract Administration .......................... $50,000 § 21. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after April 2, 2019. Appropriations made by this act shall remain in full force and effect for liabilities incurred through March 31, 2022. ------------------------------------------------------------------------ REPEAL NOTE.--Subparagraphs 1, 2 and 3 of paragraph c of subdivision 1 of section 130 of the civil service law, repealed by section one of this act, provided a salary schedule for state employees in the professional, scien- tific and technical services unit and is replaced by revised salary schedules in new subparagraphs 1, 2, 3 and 4.
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