Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jun 30, 2023 |
signed chap.189 |
Jun 29, 2023 |
delivered to governor |
Jun 09, 2023 |
returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.786 substituted for a7767 referred to ways and means delivered to assembly passed senate message of necessity - 3 day message |
Jun 08, 2023 |
ordered to third reading cal.1835 committee discharged and committed to rules referred to finance |
Senate Bill S7575
Signed By Governor2023-2024 Legislative Session
Implements an agreement between the state and an employee organization; providing for the adjustment of salaries of certain incumbents in the professional service in the state university; appropriation
download bill text pdfSponsored By
(D, WF) 31st Senate District
Current 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 9, 2023
aye (63)- Addabbo Jr.
- Ashby
- Bailey
- Borrello
- Breslin
- Brisport
- Brouk
- Canzoneri-Fitzpatrick
- Chu
- Cleare
- Comrie
- Cooney
- Felder
- Fernandez
- Gallivan
- Gianaris
- Gonzalez
- Gounardes
- Griffo
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martinez
- Martins
- Mattera
- May
- Mayer
- Murray
- Myrie
- O'Mara
- Oberacker
- Ortt
- Palumbo
- Parker
- Persaud
- Ramos
- Rhoads
- Rivera
- Rolison
- Ryan
- Salazar
- Sanders Jr.
- Scarcella-Spanton
- Sepúlveda
- Serrano
- Skoufis
- Stavisky
- Stec
- Stewart-Cousins
- Tedisco
- Thomas
- Walczyk
- Webb
- Weber
- Weik
The following Member(s) participated via videoconferencing: Cooney
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Jun 9, 2023 - Rules Committee Vote
S757516Aye1Nay4Aye with Reservations0Absent0Excused0Abstained -
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2023-S7575 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7767
- Law Section:
- Appropriations
2023-S7575 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7575 SPONSOR: JACKSON TITLE OF BILL: An act implementing an agreement between the state and an employee organization; providing for the adjustment of salaries of certain incum- bents in the professional service in the state university; and making an appropriation for the purpose of effectuating certain provisions thereof PURPOSE: This bill would implement the terms of a collective bargaining agreement ("the Agreement") between the executive branch of the State of New York and the employee organization representing members of the collective negotiating unit designated as the Professional Services Negotiating Unit ("the Unit"), entered into pursuant to Article 14 of the Civil Service Law ("CSL"). SUMMARY OF PROVISIONS: Section 1 of the bill defines the terms "professional services unit,"
"the agreement" and "the employee organization" for purposes of this Act. Section 2, subdivisions 1, 2, 3 and 4 of the bill would provide for a 2% increase in basic annual salary for covered members of the Unit, in accordance with the terms of the Agreement, on the first day of the payroll period closest to July 2, 2022 or September 1, 2022, and a 3% increase in basic annual salary for covered members of the Unit, in accordance with the terms of the Agreement, on the first day of the payroll period closest to July 1 or September 1, in each of the years 2023, 2024 and 2025, depending on the professional obligation of the employee. Section 2, subdivision 5 of the bill would provide that an employee who was in service on April 30, 2022, 2023, 2024 or 2025, and whose employ- ment expired prior to July 1, 2022, 2023, 2024 and 2025, respectively, and who would have been eligible for the salary increases provided in subdivisions 1, 2, 3 and 4 of this section if the employee's employment had continued through July 1 of such year, as appropriate, would be eligible for the aforementioned salary increases if the employee were reemployed in an equivalent position for at least one semester or the equivalent of a twelve-month period commencing on July 1 of such year, as appropriate. Section 2, subdivision 6 of the bill would provide that an employee who was in service during a portion of the twelve-month period commencing on July 1, 2021, 2022, 2023, or 2024 for at least one semester but whose employment expired prior to July 1 of the following year, would be eligible for the salary increases provided in subdivisions 1, 2, 3 and 4 of this section if the employee were reemployed in an equivalent posi- tion for at least one semester or the equivalent of the twelve month period commencing on July 1 of such following year. Section 2, subdivision 7 of the bill would provide that for the year 2023, eligible incumbents on the payroll on June 30, 2023 and at the time of payment would receive a lump sum payment of 400 dollars as soon as practicable following ratification of the Agreement. For each of the years 2024, 2025, and 2026, there would be an amount equal to 0.5 % of the total of basic annual salaries of applicable members of the Unit on June 30 of each year available for distribution to eligible incumbents as a payment by the State University Trustee, at their discretion, with such distribution to occur no later than December 31 of each of those two years. Section 2, subdivision 8 of the bill would continue the current location pay benefit for eligible members of the Unit. For eligible members whose work station is in the city of New York or in the county of Suffolk, Nassau, Rockland or Westchester, the current amount shall be increased to $3,087 effective July 1, 2023, to $3,400 effective July 1, 2024 and to $4,000 effective July 1, 2025. For eligible members whose work station is in the county of Dutchess, Putnam or Orange, the current amount shall be increased to $1,543 effective July 1, 2023, to $1,650 effective July 1, 2024 and $2,000 effective July 1, 2025. Section 2, subdivision 9(a) of the bill would continue other compen- sation for eligible members of the Unit who have completed a certain number of consecutive years of full-time service at the campus at which they are currently employed, pursuant to the terms of the Agreement (e.g., a single, one-time advance of 500 dollars to full-time employees who have been granted permanent or continuing appointment, or have been granted a second five-year term at the campus at which they are current- ly employed). Subdivision 9(b) would increase the payment in 9(a) to $1000 (inclusive of the previous $500). Subdivision 9(c) would add a new retention award at 12 years of service for those individuals who received a payment under (a) or (b). Section 2, subdivision 10 of the bill would provide that the basic annu- al salary minimums of members of the Unit as of June 30, 2022, 2023, 2024 and 2025, as set out in the Agreement and that covered members would get at least the increases in subdivisions one, two three and four. Section 2, subdivision 11 of the bill would continue the existing salary minimums for eligible part-time academic employees who are not paid on an hourly basis or on the basis of a basic annual salary, per three credit course, increasing from $3,750 for university centers and $3,250 for comprehensive and technology colleges, $6,000 for university centers and $5,500 for comprehensive and technology colleges and effective the semester beginning after July 1, 2026 in accordance with the terms of the Agreement. Section 2, subdivision 12 of the bill would provide that pursuant to the terms of the agreement, employees in the professional services unit paid according to the PGY Salary Schedules shall be paid according to the salary schedules established and based on years of service effective July 1 of 2022, 2023, 2024 and 2025. Section 2, subdivision 13 of the bill would provide that subdivisions 1, 2, 3 and 4 of this section would apply on a prorated basis to incumbents otherwise eligible to receive an increase in salary, but who are paid on an hourly or per diem basis, or who serve on a part-time basis or who are paid on any basis other than at an annual salary rate. Section 2, subdivision 14 of the bill would provide that the increases in salary or other payments provided by this section would not apply to employees deemed to be casual or to certain types of compensation (e.g., extra service, summer service). Section 2, subdivision 15 of the bill would provide for the continuation of the existing inconvenience pay program to eligible members of the Unit who work four or more hours between the hours of 6:00 p.m. and 6:00 a.m., in the amount of $575 per year. Section 2, subdivision 16 of the bill would define the term "basic annu- al salary" for purposes of this section and provides that nothing there- in prevents increasing amounts paid to incumbents in the Unit beyond basic annual salary, as long as certain conditions are met and certain reports are submitted. Section 2, subdivision 17 of the bill would provide that notwithstanding any of the increases provided for in this section, any increase in compensation may be withheld in whole or in part from an employee when, in the opinion of the Chancellor and the Director of Employee Relations, such increase is not warranted or is not appropriate. Section 3, subdivision 1 of the bill would provide for 2%, 3%, 3% and 3% percent increases to the salary or hour rate of certain eligible members of the Unit, in accordance with the terms of the Agreement, that are in lifeguard titles and who are in positions designated as part of bargain- ing unit 68 effective April 1, 2022, 2023, 2024 and 2025, respectively. Section 3, subdivision 2 of the bill would provide that in accordance with the terms of the Agreement, certain eligible unit members who work at least 160 hours during the season (at least 20 days) shall be enti- tled to additional compensation at their hourly rate, up to a maximum of eight hours, for time worked on each of the first three days during their employment in any seasonal period (April 1 to September 30 or October 1 to March 31) which are observed as holidays by the State. Such compensation shall be paid retroactively upon completion of five weeks of work. Section 3, subdivision 3 of the bill would provide that notwithstanding any of the increases provided for in subdivision 1 of this section, any increase in compensation may be withheld in whole or in part from an employee when, in the opinion of the Director of OER and the Director of the Budget, such increase is not warranted or is not appropriate. Sections 4, 5 and 6 of the bill would continue the eligibility for the existing recall compensation benefit, on-call compensation benefits and part-time health insurance for eligible members of the Unit, in accord- ance with the terms of the Agreement. Section 7 of the bill would provide for a lump sum payment to eligible employees in accordance with the terms of the agreement. Such lump sum shall not be pensionable and shall not be added to base salary. Section 8 of the bill would continue certain Statewide joint labor management committees, with funding in the amounts provided for in the terms of the Agreement, for the period July 2, 2022 through July 1, 2026, as follows: the professional development committee; the employment committee; the safety and health committee; the affirmative action/diversity committee; the joint committee on health benefits; the redeployment committee; and the campus grants committee. Section 9 of the bill would continue the publication of grievance arbi- tration settlements and awards. 3 Section 10 of the bill would provide that the salary increases and bene- fit modifications provided therein for applicable members of the Unit would not be implemented until there is a fully executed collective bargaining agreement between the State of New York and the employee organization representing employees in this Unit that also has been ratified by the applicable membership in accordance with the ratifica- tion procedures of the employee organization. Section 11 of the bill would provide that notwithstanding any provision of law to the contrary, where, and to the extent that, the Agreement so provides, where an employee in this Unit is affected by the State's right to contract out, and in the event that such affected employee obtains employment with the contractor, the employee would not be barred from accepting such employment in accordance with the terms of the Agreement. Section 12 of the bill would provide that, in accordance with the terms of the Agreement, the State of New York would contribute designated amounts for the period covered by such Agreement to the accounts of eligible employees who are enrolled for dependent care deductions pursu- ant to subdivision 7 of State Finance L. § 201-a. Section 13 of the bill would fix the date upon which eligible members of the Unit would receive salary or hourly rate increases and deferred payment of salary or hourly rate increases called for by the Agreement between the parties. Section 14 of the bill would provide a lump sum payment to incumbent members of the Unit to cover the difference between the salary that an employee would receive following the enactment of this bill and the salary that such employee did receive prior to the enactment of this bill. Such lump sum would be paid as soon as practicable. Section 15 of the bill would provide for the use of appropriations to pay any amounts required by the provisions of this bill. Section 16 of the bill would provide for the use of special or adminis- trative funds of the State to pay the compensation required by the provisions of this bill. Section 17 of the bill would provide that no employee participating in a special annuity program pursuant to the provisions of Article 8-C of the Education Law would, by reason of an increase in compensation pursuant to this act, suffer any reduction of the salary adjustment to which such employee would otherwise be entitled to by reason of participation in such program, and such salary adjustment would be based upon the salary of such employee without regard to the reduction authorized by the Education Law. Section 18 of the bill would provide an appropriation to pay for the personal service, non-personal service and fringe benefit costs neces- sary to implement the Agreement. Section 19 of the bill would provide an appropriation to fund the Unit's labor management committees and employee benefit fund, pursuant to the Agreement. Section 20 of the bill of the bill would provide-that the act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 2, 2022. EXISTING LAW: Chapter 263 of the Laws of 2018 sets the current compensation system for members of the Unit, as well as other terms and conditions of employment addressed by the expired collective bargaining agreement. STATEMENT IN SUPPORT: This bill is necessary to implement the terms of a collective bargaining agreement between the Executive Branch of the State of New York and the United University Professions, the employee organization certified to represent members of the Unit, which was entered into pursuant to Arti- cle 14 of the Civil Service Law. The prior agreement covering these employees expired on July 1, 2022. This new Agreement covers the time period July 2, 2022 through July 1, 2026. Under Article 14 of the CSL, the Agreement is binding on all parties to it. This bill incorporates the terms of that Agreement related to increases in compensation and benefit modifications and appropriates funds necessary to pay for it in accordance with the State's obligations. BUDGET IMPLICATIONS: This bill would provide appropriations totaling $282,500,000 to cover the personal service, non-personal service and fringe benefit costs required of the Agreement during the period July 2, 2022 to June 30, 2024. EFFECTIVE DATE: This bill would take effect immediately and would be deemed to have been in full force and effect on and after July 2, 2022.
2023-S7575 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7575 2023-2024 Regular Sessions I N S E N A T E June 8, 2023 ___________ 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 implementing an agreement between the state and an employee organization; providing for the adjustment of salaries of certain incumbents in the professional service in the state university; and making an appropriation for the purpose of effectuating certain provisions thereof THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Definitions. 1. For purposes of this act, "professional services unit" means the collective negotiating unit designated as the professional services negotiating unit in the state university of New York established pursuant to article 14 of the civil service law. 2. For purposes of this act, "the agreement" means a collectively negotiated agreement entered into in 2023 between the state and the employee organization representing members of the professional services unit. 3. For purposes of this act, "the employee organization" means the employee organization representing members of the professional services unit. § 2. Adjustment to salaries and other compensation of certain incum- bents in positions in the professional service in the state university. 1. The basic annual salaries as of June 30, 2022, of incumbents in positions in the professional service in the state university in the professional services unit, other than positions described in subdivi- sion fourteen of this section, shall be increased by 2 percent, adjusted to the nearest whole dollar amount (a) commencing the first day of the payroll period closest to July 2, 2022 for employees having a calendar year or college year professional obligation or (b) commencing the first day of the payroll period closest to September 1, 2022 for employees EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD12017-02-3
S. 7575 2 having an academic year professional obligation, except that certain incumbents at the state university of New York at Binghamton, the colleges of technology and the agriculture and technology colleges here- tofore specifically identified by the department of audit and control, for the purpose of establishing the effective date of eligibility for salary increases shall be granted said salary increase commencing the first day of the payroll period closest to July 2, 2022. Notwithstand- ing the above provisions of this subdivision, for employees having an academic year professional obligation and who are in a 21 pay period status, for the purpose of establishing the effective date of eligibil- ity for salary increase, shall be granted said salary increase effective August 18, 2022. 2. The basic annual salaries as of June 30, 2023, of incumbents in positions in the professional service in the state university in the professional services unit, other than positions described in subdivi- sion fourteen of this section, shall be increased by 3 percent, adjusted to the nearest whole dollar amount (a) commencing the first day of the payroll period closest to July 1, 2023, for employees having a calendar year or college year professional obligation, or (b) commencing the first day of the payroll period closest to September 1, 2023, for employees having an academic year professional obligation, except that certain incumbents at the state university of New York at Binghamton, the colleges of technology and the agriculture and technology colleges heretofore specifically identified by the department of audit and control for the purpose of establishing the effective date of eligibil- ity for salary increases, shall be granted said salary increase commenc- ing the first day of the payroll period closest to July 1, 2023. Notwithstanding the above provisions of this subdivision, employees having an academic year professional obligation and who are in a 21 pay period status, for the purpose of establishing the effective date of eligibility for salary increases, shall be granted said salary increase effective August 17, 2023. 3. The basic annual salaries as of June 30, 2024, of incumbents in positions in the professional service in the state university in the professional services unit, other than positions described in subdivi- sion fourteen of this section, shall be increased by 3 percent, adjusted to the nearest whole dollar amount (a) commencing the first day of the payroll period closest to July 1, 2024, for employees having a calendar year or college year professional obligation, or (b) commencing the first day of the payroll period closest to September 1, 2024, for employees having an academic year professional obligation, except that certain incumbents at the state university of New York at Binghamton, the colleges of technology and the agriculture and technology colleges heretofore specifically identified by the department of audit and control for the purpose of establishing the effective date of eligibil- ity for salary increases, shall be granted said salary increase commenc- ing the first day of the payroll period closest to July 1, 2024. Notwithstanding the above provisions of this subdivision, employees having an academic year professional obligation and who are in a 21 pay period status, for the purpose of establishing the effective date of eligibility for salary increases, shall be granted said salary increase effective August 15, 2024. 4. The basic annual salaries as of June 30, 2025, of incumbents in positions in the professional service in the state university in the professional services unit, other than positions described in subdivi- sion fourteen of this section, shall be increased by 3 percent, adjusted S. 7575 3 to the nearest whole dollar amount (a) commencing the first day of the payroll period closest to July 1, 2025, for employees having a calendar year or college year professional obligation, or (b) commencing the first day of the payroll period closest to September 1, 2025, for employees having an academic year professional obligation, except that certain incumbents at the state university of New York at Binghamton, the colleges of technology and the agriculture and technology colleges heretofore specifically identified by the department of audit and control for the purpose of establishing the effective date of eligibil- ity for salary increases, shall be granted said salary increase commenc- ing the first day of the payroll period closest to July 1, 2025. Notwithstanding the above provisions of this subdivision, employees having an academic year professional obligation and who are in a 21 pay period status, for the purpose of establishing the effective date of eligibility for salary increase, shall be granted said salary increase effective August 14, 2025. 5. Notwithstanding the provisions of subdivision one, two, three, or four of this section, an employee in service on April 30 of 2022, 2023, 2024, or 2025, whose employment expired prior to July 2, 2022 or July 1, 2023, 2024, or 2025, respectively, and who would have been eligible for the salary increase provided for in subdivision one, two, three, or four of this section if the employee's employment had continued through July 2 or July 1 of that year, as appropriate, shall be eligible for the salary increase provided for in subdivision one, two, three, or four of this section if the employee is reemployed in an equivalent position for at least one semester or the equivalent of the twelve-month period commencing on July 2 or July 1 of such year, as appropriate. 6. Notwithstanding the provisions of subdivision one, two, three, or four of this section, an employee in service during a portion of the twelve-month period commencing on July 1 of 2021, 2022, 2023, or 2024, for at least one semester or the equivalent, but whose employment expired prior to July 1 of the following year, shall be eligible for the salary increase provided for such year in subdivision one, two, three, or four of this section if the employee is reemployed in an equivalent position for at least one semester or the equivalent of the twelve-month period commencing on July 1 of such following year. 7. The provisions of this subdivision shall apply to incumbents in positions in the professional services unit, other than positions described in subdivision thirteen of this section. (a) Pursuant to the terms of the agreement, for the year 2023, incum- bents on the payroll on June 30, 2023 and at the time of payment shall be paid a lump sum payment in the amount of 400 dollars. Part-time employees shall be eligible for the lump sum payment of 400 dollars, at a pro-rated amount, pursuant to the terms of the agreement. Incumbents on the payroll on June 30, 2023 shall include those part-time employees in service on April 30, 2023, but whose employment expired prior to July 1, 2023. Such lump sum payments shall be added to basic annual salary and shall be payable not later than December 31, 2023. (b) Pursuant to the terms of the agreement, for the year 2024, there shall be available an amount equal to .5 percent (.5%) of the total of the basic annual salaries on June 30, 2024 to whom the provisions of this subdivision apply, for distribution to such incumbents as payments made by the state university trustees in their discretion. Such payments as described in this paragraph shall be made to incumbents on the payroll on June 30, 2024 and at the time of payment and shall occur not later than December 31, 2024. Such payments shall be a part of an S. 7575 4 employee's basic annual salary. The total of the basic annual salaries on June 30, 2024 shall include the total salaries of part-time employees in service on April 30, 2024, but whose employment expires prior to July 1, 2024. If the part-time faculty employee is reemployed prior to the distribution of the pool, the employee will be eligible for a discre- tionary increase at the discretion of the state university trustees. (c) Pursuant to the terms of the agreement, for the year 2025, there shall be available an amount equal to .5 percent (.5%) of the total of the basic annual salaries on June 30, 2025 to whom the provisions of this subdivision apply, for distribution to such incumbents as payments made by the state university trustees in their discretion. Such payments as described in this paragraph shall be made to incumbents on the payroll on June 30, 2025 and at the time of payment and shall occur not later than December 31, 2025. Such payments shall be a part of an employee's basic annual salary. The total of the basic annual salaries on June 30, 2025 shall include the total salaries of part-time employees in service on April 30, 2025, but whose employment expires prior to July 1, 2025. If the part-time faculty employee is reemployed prior to the distribution of the pool, the employee will be eligible for a discre- tionary increase at the discretion of the state university trustees. (d) Pursuant to the terms of the agreement, for the year 2026, there shall be available an amount equal to .5 percent (.5%) of the total of the basic annual salaries on June 30, 2026 to whom the provisions of this subdivision apply, for distribution to such incumbents as payments made by the state university trustees in their discretion. Such payments as described in this paragraph shall be made to incumbents on the payroll on June 30, 2026 and at the time of payment and shall occur not later than December 31, 2026. Such payments shall be a part of an employee's basic annual salary. The total of the basic annual salaries on June 30, 2026 shall include the total salaries of part-time employees in service on April 30, 2026, but whose employment expires prior to July 1, 2026. If the part-time faculty employee is reemployed prior to the distribution of the pool, the employee will be eligible for a discre- tionary increase at the discretion of the state university trustees. 8. Location compensation of certain incumbents in positions in the professional service of the state university. (a) Employees in positions in the professional services unit who are full-time employees and whose work station is: (i) in the city of New York, or in the county of Suffolk, Nassau, Rockland or Westchester, shall continue to be entitled to location pay at the annual rate of 3,026 dollars effective January 1, 2009 increasing to 3,087 dollars effective July 1, 2023 and increasing to 3,400 dollars effective July 1, 2024 and increasing to 4,000 dollars effective July 1, 2025, or (ii) in the county of Dutchess, Putnam or Orange shall continue to be entitled to location pay at the annual rate of 1,513 dollars effective January 1, 2009 increasing to 1,543 dollars effective July 1, 2023 and increasing to 1,650 dollars effective July 1, 2024 and increasing to 2,000 dollars effective July 1, 2025. (b) Payments made under paragraph (a) of this subdivision shall be paid biweekly and shall be in addition to and not part of the basic annual salary of such employees, provided, however, that any amount payable pursuant to this subdivision shall be included as compensation for retirement purposes. (c) Notwithstanding the provisions of paragraph (a) of this subdivi- sion, a full-time employee on an authorized leave of absence who is receiving a part-time salary, but who would have been otherwise eligible for the location compensation set forth in paragraph (a) of this subdi- S. 7575 5 vision, shall be eligible for such location compensation, on a pro-rated basis, and shall be paid the appropriately pro-rated amount of the location compensation, which pro-rated amount shall be consistent with the part-time salary of that employee. 9. (a) Pursuant to the terms of the agreement, full-time employees in the professional services unit who have been granted permanent or continuing appointment at the campus at which they currently are employed, or full-time employees who have been granted a second five- year term appointment at the campus at which they are currently employed under Article XI, Appendix A of the policies of the board of trustees of the state university of New York, shall receive a one-time advance to basic annual salary of 500 dollars. Employees who have completed seven consecutive years of full-time service at the campus at which they are currently employed in the title of Lecturer or in any of the titles listed in Article XI, Appendix B, Section 4 - Division III Sports, or Article XI, Appendix C, shall receive a one-time advance to basic annual salary of 500 dollars. (b) Pursuant to the terms of the agreement, commencing July 1, 2024, full-time employees who have been granted permanent or continuing appointment by the Chancellor, at the campus at which they are currently employed, or a second five-year term appointment, at the campus at which they are currently employed in titles listed in Article Xl, Appendix A of the Policies, shall receive a one-time advance to basic annual salary of $1,000 (employees who previously received $500 under paragraph (a) of this subdivision shall only receive an additional $500). Employees who have completed seven consecutive years of full-time service at the campus at which they are currently employed in the title of Lecturer, in any qualified academic rank title, or in any of the titles listed in Article XI, Appendix B, Section 4-Division III Sports, or Article XI, Appendix C shall receive a one-time advance to basic annual salary of $1,000 (employees who previously received $500 under paragraph (a) of this subdivision shall only receive an additional $500). (c) Pursuant to the terms of the agreement, commencing July 1, 2025, full-time employees who have received a payment pursuant to paragraph (a) or (b) of this subdivision and who have completed twelve consecutive years of full-time service at the campus at which they are currently employed shall receive a one-time advance to basic annual salary of $800. (d) Pursuant to the terms of the agreement, part-time employees in the professional services unit who have completed at least eight years of consecutive service at the campus at which they are currently employed, shall receive a lump sum payment in the amount of $500. Such payment shall be in addition to and shall not be a part of an employee's basic annual salary, provided, however, that such payment shall be included as compensation for retirement purposes. Pursuant to the terms of the agreement, part-time employees are eligible to receive this payment every eight years thereafter of consecutive service at the campus at which they are currently employed. In no event shall a part-time employ- ee be eligible for a service award, as described in this paragraph, more than once every eight years. 10. Minimum basic annual salary. (a) This subdivision shall apply to employees in the professional services unit, except those who are not paid on the basis of a basic annual salary. (b) The basic annual salary minimums as of June 30, 2022, as provided for in the agreement, shall be increased as provided for in the agree- S. 7575 6 ment, on the dates of the salary increase provided for in subdivision one of this section. (c) The basic annual salary minimums as of June 30, 2023, as provided for in the agreement, shall be increased as provided for in the agree- ment, on the dates of the salary increase provided for in subdivision two of this section. (d) The basic annual salary minimums as of June 30, 2024, as provided for in the agreement, shall be increased as provided for in the agree- ment, on the dates of the salary increase provided for in subdivision three of this section. (e) The basic annual salary minimums as of June 30, 2025, as provided for in the agreement, shall be increased as provided for in the agree- ment, on the dates of the salary increase provided for in subdivision four of this section. (f) A part-time employee who is paid on the basis of a pro-rated basic annual salary and who, if employed on a full-time basis, would be eligi- ble to be paid a minimum basic annual salary, shall be paid a minimum basic annual salary which shall be the appropriately pro-rated amount of the minimum basic annual salary that would have been paid to the employ- ee had the employee been employed on a full-time basis. (g) Notwithstanding the provisions of subdivision one of this section, incumbents to whom the provisions of subdivisions one, two, three, and four of this section apply shall receive an increase in salary as set forth in subdivisions one, two, three, and four of this section or the minimum basic annual salary in force, as provided for in the agreement, for the rank or grade in which such incumbent serves, whichever is greater. (h) An incumbent promoted on or after the effective dates, appropriate to the incumbent's professional obligation or the incumbent's date of eligibility for salary increases, of the salary increases provided for in subdivisions one, two, three, and four of this section shall receive not less than the minimum basic annual salary provided for in the agree- ment for the rank or grade to which the incumbent has been promoted. (i) An employee hired on or after the effective dates, appropriate to the employee's professional obligation or the employee's date of eligi- bility for salary increases, of the salary increases provided for in subdivisions one, two, three, and four of this section shall receive not less than the minimum basic annual salary for the employee's rank or grade provided for in the agreement on the date the employee is placed in payroll status. 11. Part-time academic faculty minimum salary. (a) This subdivision shall apply to part-time academic employees in the professional services unit, except those who are paid on an hourly basis or on the basis of a basic annual salary. (b) Pursuant to the terms of the agreement, salary minimums shall be established for part-time academic employees not paid on an hourly basis or on the basis of a basic annual salary, per three credit course. The credit hour equivalent for contact hours and other credit equivalencies will be determined by management based on the practice at each individ- ual campus. (c) Effective the semester beginning after July 1, 2022, as provided for in the agreement, the minimum salary for university centers shall be increased to 3,750 dollars, and the minimum salary for comprehensive and technology colleges shall be increased to 3,250 dollars. (d) Effective the semester beginning after July 1, 2023, as provided for in the agreement, the minimum salary for university centers shall be S. 7575 7 increased to 4,000 dollars, and the minimum salary for comprehensive and technology colleges shall be increased to 3,500 dollars. (e) Effective the semester beginning after July 1, 2024, as provided for in the agreement, the minimum salary for university centers shall be increased to 4,500 dollars, and the minimum salary for comprehensive and technology colleges shall be increased to 4,000 dollars. (f) Effective the semester beginning after July 1, 2025, as provided for in the agreement, the minimum salary for university centers shall be increased to 5,000 dollars, and the minimum salary for comprehensive and technology colleges shall be increased to 4,500 dollars. (g) Effective the semester beginning after July 1, 2026, as provided for in the agreement, the minimum salary for university centers shall be increased to 6,000 dollars, and the minimum salary for comprehensive and technology colleges shall be increased to 5,500 dollars. (h) Pursuant to the terms of the agreement, part-time academic employ- ees who are otherwise eligible to receive an increase in salary in accordance with subdivisions one, two, three, and four of this section shall, if otherwise eligible, receive an increase in salary as set forth in subdivisions one, two, three, and four of this section, or the appli- cable part-time academic faculty minimum as set forth in this subdivi- sion, whichever is greater. 12. Post-Graduate Year (PGY) Salary Schedules. Pursuant to the terms of the agreement, employees in the professional services unit paid according to the PGY Salary Schedules shall be paid according to the salary schedules established and based on years of service effective July 1 of 2022, 2023, 2024 and 2025. 13. The increases in salary payable pursuant to subdivisions one, two, three, and four of this section shall apply on a pro-rated basis to incumbents otherwise eligible to receive an increase in salary pursuant to this section, who are paid on an hourly or per diem basis, or who serve on a part-time basis or who are paid on any basis other than at an annual salary rate. 14. Notwithstanding any of the provisions of this section, the salary increases or payments provided by this section shall not apply to employees deemed to be casual employees pursuant to the resolution of clarification petition CP 751 brought against the state by the employee organization representing the professional services unit; to extra service compensation; to summer session compensation; or to compensation derived from clinical practice plan arrangements; nor shall anything in this section be deemed to provide any adjustment in salary or other compensation of any person holding a chair established pursuant to section 239 of the education law. 15. Inconvenience pay. Pursuant to the terms of the agreement, effec- tive July 2, 2016, an eligible employee, as provided for in the agree- ment, shall continue to be paid 575 dollars per year for working 4 or more hours between the hours of 6:00 p.m. and 6:00 a.m. 16. Basic annual salary. For the purposes of this section, basic annu- al salary is the amount of annual compensation payable to an employee for the performance of the employee's professional obligation, as such obligation is set forth in Title H, Article XI, of the policies of the board of trustees of the state university of New York, from state monies appropriated for such purpose. Nothing herein shall prevent increasing amounts paid to incumbents of positions of the professional service in the professional services unit in addition to the basic annual salary, provided however, that the amounts required for such other increases and the cost of fringe benefits attributable to such other increases, as S. 7575 8 determined by the comptroller, are made available to the state in accordance with procedures established by the state university; provided that the state university shall annually submit a report to the director of the budget specifying aggregate amounts by campus, sources and expenditure of such funds as payment for such increases. 17. Notwithstanding any of the foregoing provisions of this section, 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 chancellor of the state university of New York and the director of employee relations, such increase is not warranted or is not appropriate. § 3. Adjustment to salaries and hourly rates and other compensation of certain eligible unit members in the collective negotiating unit desig- nated as the professional services unit established pursuant to article 14 of the civil service law that are in lifeguard titles and who are in positions designated as part of bargaining unit 68. 1. The percentage increases of this subdivision shall only apply to certain eligible unit members in the professional services unit that are in lifeguard titles and who are in positions designated as part of bargaining unit 68. (a) Effective April 1, 2022, the salary or hourly rate of certain eligible unit members shall increase by 2 percent unless such individ- uals received an increase in hourly rate that was effective June 22, 2022. (b) Effective April 1, 2023, the salary or hourly rate of certain eligible unit members shall increase by 3 percent. (c) Effective April 1, 2024, the salary or hourly rate of certain eligible unit members shall increase by 3 percent. (d) Effective April 1, 2025, the salary or hourly rate of certain eligible unit members shall increase by 3 percent. 2. In accordance with the terms of the agreement, certain eligible unit members who work at least 160 hours during the season (at least 20 days) shall be entitled to additional compensation at their hourly rate, up to a maximum of eight hours, for time worked on each of the first three days during their employment in any seasonal period (April 1 to September 30 or October 1 to March 31) which are observed as holidays by the state. Such compensation shall be paid retroactively upon completion of five weeks of work. 3. Notwithstanding any of the foregoing provisions of this section, 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 employee relations and the director of the budget, such increase is not warranted or is not appropriate. § 4. Recall compensation for certain state officers and employees within the professional services unit. 1. Notwithstanding any provision of law to the contrary and to the extent that the agreement so provides, full-time professional employees (a) as defined by the policies of the board of trustees of the state university of New York within the profes- sional services unit, who provide patient care services on a full-time basis in the areas of a hospital or clinic specified in the agreement, and who are eligible to accrue overtime credits, or (b) who are specif- ically identified by the college president as subject to recall, shall be considered to have worked a minimum of 4 hours each time they are recalled to work overtime after having completed their scheduled work period and left their scheduled work station. In the event any such eligible employee works in excess of 4 hours upon such recall, such employee shall receive overtime compensation for the hours actually S. 7575 9 worked. To the extent that the agreement so provides, any such full-time professional employee identified in paragraph (a) of this subdivision who is not eligible to accrue overtime credits but who is deemed eligi- ble to receive recall compensation in accordance with the terms of the agreement shall receive additional compensation at the rate of one and one-half times the regular hourly rate of compensation for time actually worked when such professional employee is recalled to work after having completed the scheduled work period and left the scheduled work station, but, in no case, shall such professional employee receive less than 4 hours of additional compensation upon recall. 2. In addition to eligible full-time professional employees as set forth in subdivision one of this section, notwithstanding any provision of law to the contrary and to the extent that the agreement so provides, employees in positions at the campus specifically designated by the college president, in accordance with the terms of the agreement, as eligible for recall compensation, shall be considered to have worked a minimum of 4 hours each time they are recalled to work overtime after having completed their scheduled work period and left their scheduled work station. In the event any such eligible employee works in excess of 4 hours upon such recall, such employee shall receive overtime compen- sation for the hours actually worked. 3. Any employee eligible to receive compensation pursuant to this section who is recalled to work more than once during a period of 4 hours commencing with the onset of the initial recall will not be eligi- ble for more than 4 hours of compensation in any form unless more than 4 hours is actually worked. Any compensation paid pursuant to this section shall be in addition to and not part of such employee's basic annual salary, provided however, that any amounts payable pursuant to this section shall be included as compensation for retirement purposes. § 5. On-call compensation for certain state officers and employees in the professional services unit of the state university. Notwithstanding any provision of law to the contrary, any full-time professional employ- ee or other employee eligible to receive compensation pursuant to section four of this act, who is required to be available for immediate recall and who must be prepared to return to duty within a limited peri- od of time, may be granted additional compensation for each day such employee is actually scheduled to remain and remains available for recall. Such additional compensation shall be paid at a rate established pursuant to the agreement. Such compensation shall be in addition to and not part of such employee's basic annual salary, provided however, that any amount payable pursuant to this section shall be included as compen- sation for retirement purposes. § 6. Health insurance coverage for part-time employees in the profes- sional services unit of the state university. Notwithstanding any provision of law to the contrary, any employee serving in a position within the professional services unit of the state university who serves on a part-time basis and is otherwise ineligible to receive health insurance coverage may participate in the state health insurance program provided that such part-time employee pays the full premium cost for the coverage provided by such health insurance program. § 7. There shall be a lump sum payment payable in accordance with the terms of the collective bargaining agreement covering the professional services unit of the state university. § 8. Statewide joint labor-management committees for certain state officers and employees. 1. During the period July 2, 2022 through July 1, 2026, there shall be a statewide joint labor-management committee S. 7575 10 continued and administered pursuant to the terms of the agreement, which shall have the responsibility for studying and making recommendations concerning the major issues of professional development and implementing such agreements which may be entered into between the state and the employee organization concerning such matters. 2. During the period July 2, 2022 through July 1, 2026, there shall be a statewide joint labor-management committee continued and administered pursuant to the terms of the agreement, which shall have the responsi- bility for studying and making recommendations concerning employment related issues as required by provisions of the agreement and adminis- tering the continuity of employment fund subject to the approval of the state and the employee organization. 3. During the period July 2, 2022 through July 1, 2026, there shall be a statewide joint labor-management committee continued and administered pursuant to the terms of the agreement, which shall have the responsi- bility for studying and making recommendations concerning issues of safety in the workplace and implementing such agreements which may be entered into between the state and the employee organization concerning such matters. 4. During the period July 2, 2022 through July 1, 2026, there shall be a statewide joint labor-management committee continued and administered pursuant to the terms of the agreement, which shall have the responsi- bility for studying and making recommendations concerning matters of mutual interest in the areas of equal employment and affirmative action concerning minorities, women, persons with disabilities and military status and implementing such agreements which may be entered into between the state and the employee organization concerning such matters. 5. During the period July 2, 2022 through July 1, 2026, there shall be a statewide joint labor-management committee continued and administered pursuant to the terms of the agreement, which shall have the responsi- bility for studying and making recommendations concerning issues of health benefits and implementing such agreements which may be entered into between the state and the employee organization concerning such matters. 6. During the period July 2, 2022 through July 1, 2026, there shall be a Tripartite Redeployment Committee administered pursuant to the terms of the agreement, which shall have the responsibility for reviewing and discussing issues related to redeployment consideration and implementing such agreements which may be entered into between the state and the employee organization concerning such matters. 7. During the period July 2, 2022 through July 1, 2026, there shall be a statewide joint labor-management committee established and adminis- tered pursuant to the terms of the agreement, which shall have the responsibility for studying, making recommendations and approving campus grants that would benefit groups of employees at one or more campuses and implementing such agreements which may be entered into between the state and the employee organization concerning such matters. § 9. 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 and arbitration settlements and awards pursuant to article 7 of the agreement. § 10. The salary increases and benefit modifications, and any other modifications to the terms and conditions of employment provided for by this act for state employees in the professional services unit, shall not be implemented until the director of employee relations has deliv- ered, to the director of the budget and the comptroller, a letter that S. 7575 11 there is in effect with respect to such negotiating unit a collectively negotiated agreement which provides for such increases and modifications and which is fully executed in writing with the state pursuant to arti- cle 14 of the civil service law, and ratified pursuant to the ratifica- tion procedure of the employee organization. § 11. Notwithstanding any other provision of law to the contrary, where, and to the extent that, the agreement so provides, an employee is affected as a result of the state's exercise of its right to contract out, and in the event that such affected employee obtains employment with the contractor, the employee shall not be barred from accepting such employment as provided for in the agreement. § 12. Notwithstanding any inconsistent provision of law, where and to the extent that any agreement between the state and the employee organ- ization entered into pursuant to article 14 of the civil service law so provides on behalf of employees in the professional services unit, effective January 1, 2024, the state shall contribute an amount desig- nated 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 herein and shall not be part of basic annual salary for overtime or retirement purposes. § 13. Date of entitlement to salary or hourly rate increase. Notwith- standing 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 near- est to the effective date of such increase 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 date of such increase as provided in this act, provided, however, that for the purposes of determining the salary or hourly rate of such officer or employee upon reclassification, reallocation, appointment, promotion, transfer, demotion, reinstatement or other change of status, such salary or hourly rate 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, and shall not operate to confer any additional salary rights or benefits on such officer or employee. Payment of such salary or hourly rate increase may be deferred pursuant to section fourteen of this act. § 14. Deferred payment of salary or hourly rate increase. Notwith- standing the provisions of any other section of this act or of any other law, pending payment pursuant to this act of the basic annual salaries or compensation of incumbents of positions subject to this act, such incumbents shall receive, as partial compensation for services rendered, the rate of compensation otherwise payable in their respective posi- tions. An incumbent holding a position subject to this act at any time during the period from the effective dates of the salary or hourly rate increases provided for in this act until the time when basic annual salaries or compensation are first paid pursuant to this act for such services in excess of the compensation actually received therefor, shall be entitled to a lump sum payment for the difference between the salary to which such incumbent is entitled for such services and the compen- sation actually received therefor. Such lump sum payments shall be made as soon as practicable. For the purpose of calculating retirement bene- fits, the amounts paid under this act shall count as compensation earned during the year or years for which it is calculated and not as compen- S. 7575 12 sation earned wholly in the year in which it is paid. Notwithstanding any law, rule or regulation to the contrary, no member of the profes- sional services unit to whom the provisions of this act apply shall be entitled to, or owed, any interest or other penalty for any reason on any monies due to such member pursuant to the terms of this act and the terms of the agreement covering employees in the professional services unit. § 15. Use of appropriations. The comptroller is authorized to pay any amounts required during the fiscal year commencing April 1, 2023, 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, 2023 in addition to current liabilities. § 16. Payment from special or administrative funds. If the compen- sation to which officers and employees of the state are otherwise enti- tled is payable from a special or administrative fund or funds of the state, other than the general fund or the capital projects fund of the state, the increase in compensation to which such officers or employees are entitled under this act shall be payable from such other fund or funds in the same manner as such other compensation. If the amounts appropriated or allocable from such other fund or funds are insufficient to accomplish the purposes of this act, the director of the budget is hereby authorized to allocate such additional sums from such other fund or funds as may be necessary therefor. § 17. Effect of participation in special annuity program. No employee participating in a special annuity program pursuant to the provisions of article 8-C of title 1 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 such officer or 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 said article. § 18. Appropriations. Notwithstanding any provision of the state finance law or any other provision of law to the contrary, the sum of two hundred seventy-five million dollars ($275,000,000) is hereby appro- priated in the general fund/state purposes account (10050) in miscella- neous-all state departments and agencies solely for apportionment/transfer by the director of the budget for use by any state department or agency, including the contract colleges at Alfred and Cornell, in any fund for the fiscal year beginning April 1, 2023, to supplement appropriations available 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 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 April 1, 2023 in addi- tion to liabilities or obligations associated with the fiscal year S. 7575 13 commencing April 1, 2023. Notwithstanding any provision of law to the contrary, this appropriation shall remain in full force and effect for the payment of liabilities incurred on or before June 30, 2024. § 19. 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, 2023 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. Notwithstanding any provision of law to the contrary, the monies hereby appropriated are available for payment of any liabilities or obligations incurred prior to or during the period April 1, 2022 through June 30, 2024. 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 Statewide Labor Management Committees .......... 7,118,819 Employee Benefit Fund ............................ 353,000 § 20. This act shall take effect immediately and shall be deemed to have been in full force and effect on and after July 2, 2022. Appropri- ations made by this act shall remain in full force and effect for liabilities incurred through June 30, 2024.
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