NY State Senate Bill 2011-S5846

Senate Bill S5846

Signed By Governor

2011-2012 Legislative Session

Relates to compensation and other terms and conditions of employment of certain state officers and employees

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Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 17, 2011	signed chap.491
Aug 05, 2011	delivered to governor
Jun 23, 2011	returned to senate passed assembly message of necessity - 3 day message ordered to third reading rules cal.605 substituted for a8513 referred to ways and means
Jun 22, 2011	delivered to assembly passed senate message of necessity ordered to third reading cal.1524 referred to rules

Votes

- Jun 22, 2011 - Floor Vote
  S5846
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 22, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jun 22, 2011 - Rules Committee Vote
  S5846
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 22, 2011
      
      aye (24)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Seward
      
      Skelos
      
      Smith
      
      Stewart-Cousins

2011-S5846 (ACTIVE) - Details

See Assembly Version of this Bill:: A8513
Law Section:: Civil Service Law
Laws Affected:: Rpld §130 sub 1 ¶a sub¶¶ 1-4, sub 1 ¶d, amd §§130, 167, 208 & 135, Civ Serv L; amd §§8 & 200, St Fin L

2011-S5846 (ACTIVE) - Summary

Relates to compensation and other terms and conditions of employment of certain state officers and employees; authorizes funding of joint labor-management committees, to implement agreements between the state and an employee organization; provides rates of pay for certain state employees.

2011-S5846 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5846

TITLE OF BILL:

An act
to amend the civil service law and the state
finance law, in relation to compensation and other
terms and conditions of employment of certain state
officers and employees, to authorize funding of joint
labor-management committees, to implement
agreements between the state and an employee
organization; to amend chapter 333 of the laws of 1969
amending the civil service law and other laws
relating to salary increases for
certain state officers and employees, in relation to
rates of pay for certain state employees; to repeal
certain provisions of the civil service law relating
thereto; and making an appropriation for the purpose
of effectuating certain provisions hereof (Part A); to
amend the civil service law and the correction law, in
relation to salaries; to repeal certain provisions of such
laws relating thereto; and making an appropriation for
the purpose of effectuating certain provisions hereof
(Part B)

PURPOSE OF THE BILL:

Part A of this bill implements 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 units designated as the Administrative
Services Unit, the Institutional Services Unit, the Operational
Services Unit and the Division of Military and Naval Affairs Unit
("the units"), entered into pursuant to article 14 of the Civil
Service Law.

Part B of this bill provides the State's approximately 12,000
unrepresented employees who are prohibited from collective
negotiations by the Taylor Law, including managerial or confidential
("M/C") employees, with benefits and increases in compensation at
levels that are comparable to the benefits and increases in
compensation received by employees represented by employee
organizations.

This bill would continue comparability of benefits by supplementing
existing appropriations to provide benefits and other aspects of
employment that are on a par with those negotiated for represented
employees by their respective employee organizations. These funds
would provide for employee benefit and training and development
programs, and the M/C share of negotiated programs.

SUMMARY OF PROVISIONS:

PART A OF THE BILL:


Section 1 of this part repeals and replaces subparagraphs 1, 2, 3 and
4 of Civil Service Law § 130(1)(a) and adds new subparagraphs 1, 2
and 3 to provide for the application of new salary schedules for
officers and employees in the units.

Section 2 of this part amends Civil Service Law § 167(8) to provide
authority to modify the employer and employee shares of health
premium and subscription costs under the New York State Health
Insurance Plan.

Section 3 of this part amends Civil Service Law § 208(2) to provide
for the period of unchallenged representation status for employee
organizations for a period of four years with the Executive Branch of
the State that commence in 2011.

Section 4 of this part amends Civil Service Law § 130(3)(e), governing
longevity payments for employees who attain five and ten years of
continuous service at the job rate. This section continues longevity
payments to the extent provided in the collective bargaining agreement.

Sections 5 and 6 of this part amend State Finance Law §§ 8(12-d)
and (12-e) to continue payments to employees for personal property
damaged or destroyed in the course of the performance of official
duties.

Section 7 of this part amends State Finance Law § 200 to provide the
authority for the Comptroller to reduce, restore and/or repay basic
annual salaries, hourly rates or per diems of employees. Such
action(s) will be effective for employees in collective negotiating
units in accordance with the terms of a collective bargaining
agreement or interest arbitration award, and for employees not in
collective negotiating units, when the director of budget authorizes
a plan for such action(s).

Section 8 of this part authorizes the State to make payments to
employees for withdrawing from the health insurance plan in
accordance with the terms of the collective bargaining agreements or
regulations promulgated by the Department of Civil Service.

Section 9 of this part provides for salary increases as follows:

a) a lump sum payment of $775 in 2013 and $225 in 2014;
b) a 2 percent basic annual salary increase effective March 27, 2014
for officers and employees on the administrative payroll and
effective April 3, 2014 for officers and employees on the
institutional payroll; and
c) a 2 percent basic annual salary
increase effective March 26, 2015 for officers and employees on the
administrative payroll and effective April 2, 2015 for officers and
employees on the institutional payroll.

Section 10 of this part provides for annual salary increases for
positions in the nonprofessional service at the contract colleges of
Cornell and Alfred Universities not to exceed those set forth in
Section 9 of this part.


Section 11 of this part continues existing location compensation for
employees whose principal place of employment is located in New York
City, or the counties of Westchester, Rockland, Suffolk, Nassau,
Dutchess, Putnam, Orange and Monroe. Employees in the counties of
Dutchess, Putnam or Orange continue to receive location compensation
at the annual rate of $1,513. Employees in New York City, or in the
counties of Rockland, Westchester, Nassau or Suffolk shall receive
location compensation at the annual rate of $3,026. For the county of
Monroe, only employees hired before March 31, 1985 shall be eligible
for continued location compensation of $200 per year.

Section 12 of this part continues location compensation for certain
officers and employees of the Hudson Valley Developmental
Disabilities Services Office.

Section 13 of this part continues the provision of inconvenience pay
to certain full-time employees of the Office for People with
Developmental Disabilities who are required to sleep over at their
work site.

Section 14 of this part continues pre-shift briefing compensation for
certain employees of the State in the Division of Military and Naval
Affairs Unit who are required to assemble for briefing prior to the
commencement of duties. This section also continues the program for
pre-shift briefing compensation for certain employees of the State
employed by the Office of Children and Family Services who are
members of the Institutional Services Unit.

Section 15 of this part continues assignment to duty pay in the form
of an annual lump sum payment to employees in particular assignments
provided for by the agreement. Such benefit shall be available until
March 30, 2016, unless an extension is negotiated by the parties to
the agreement.

Section 16 of this part provides for the continuation of an annual
lump sum payment to long-term seasonal employees in an amount
specified by, and subject to, the qualifying criteria established by
the agreement. Such benefit shall be available until March 30, 2016.

Section 17 of this part continues winter maintenance shift pay for
eligible full-time employees of the Department of Transportation in
the Operational Services negotiating unit, in accordance with the
agreement.

Section 18 of this part continues inconvenience pay for certain
employees who work in the overnight hours at a rate of $575 per year.

Section 19 of this part authorizes contributions to employee dependent
care accounts in amounts and for the time periods specified by the
agreement.

Section 20 of this part provides for the payment and publication of
grievance and arbitration settlements and awards pursuant to the
agreement.


Section 21 of this part continues a statewide labor-management
committee to address issues of productivity and quality of work life
in accordance with agreement.

Section 22 of this part requires that, prior to implementation of any
salary increase, salary deduction, salary reduction, benefit
modification, or modification to terms and conditions of employment,
the Director of Employee Relations submit a letter to the Director of
the Budget and the State Comptroller certifying that the collectively
negotiated agreement has been ratified by the membership.

Section 23 of this part authorizes the State Comptroller to pay any
amounts required by this bill during the fiscal years commencing
April 1, 2011 for any state department or agency from any
appropriation or other funds available to such state department or
agency for personal service or for other related employee benefits
during such fiscal year. To the extent that such appropriations in
any fund are insufficient, the Director of the Budget is authorized
to allocate to the various departments and agencies, from any
appropriations available in any fund, the amounts necessary to pay
such amounts.

Section 24 of this part provides that employees who participate in a
special annuity program under article 8-C of the Education Law shall
not suffer any reduction of the salary adjustment to which they are
otherwise entitled under the program, as a result of an increase in
compensation provided for in this bill.

Section 25 of this part appropriates funding for statewide
labor-management committees dealing with issues of productivity, the
quality of work life and other issues in accordance with the
collectively negotiated agreement.

Section 26 of this part provides for an immediate effective date of
this part, which shall be deemed to have been in full force and
effect on and after April 2, 2011. Appropriations made by this
chapter shall remain in full force and effect for liabilities
incurred through March 31, 2012.

PART B OF THE BILL:

Section 1 of this part repeals Civil Service Law § 130(1)(d) and
replaces it with a new paragraph (d), which includes new salary
schedules for competitive, noncompetitive and labor class employees
designated M/C, or who are otherwise excluded from representation
rights.

Section 2 of this part repeals Correction Law § 19(1), and replaces
it with a new subdivision 1 providing new salary schedules for
superintendents of correctional facilities.

Section 3 of this part authorizes an increase in basic annual salary
of 2 percent effective April 1, 2014 and 2 percent effective April
1, 2015. It provides for a lump sum payment of $775 effective April
1, 2013 and a lump sum payment of $225 effective April 1, 2014.
Additionally, this section provides for performance advances, merit
awards and longevity payments for non-statutorily paid employees.


Sections 4 and 5 of this part provide salary increases and lump sum
payments consistent with the salary increases provided in Section 3
of this part for certain State officers and
employees in the Division of State Police, certain State employees in
the State University and certain employees of the contract colleges
at Cornell and Alfred.

Section 6 of this part continues existing location compensation for
employees whose principal place of employment is located in New York
City, or the counties of Westchester, Rockland, Suffolk, Nassau,
Dutchess, Putnam, Orange and Monroe. Employees in the counties of
Dutchess, Putnam or Orange continue to receive location compensation
at the annual rate of $1,513. Employees in New York City, or in the
counties of Rockland, Westchester, Nassau or Suffolk shall receive
location compensation at the annual rate of $3,026. For the county of
Monroe, only employees hired before March 31, 1985 shall be eligible
for continued location compensation of $200 per year.

Section 7 of this part continues location compensation for certain
officers and employees of the Hudson Valley Developmental
Disabilities Services Office.

Section 8 of this part provides for the continuation of an overtime
meal allowance for employees covered by this part.

Section 9 of this part continues authorization for payment of
grievance settlements and awards pursuant to the Executive Order No.
42 grievance procedure, which applies to M/C employees.

Section 10 of this part authorizes the State Comptroller to make
payments required during the fiscal years commencing April 1, 2011.

Section 11 of this part provides that employees who participate in a
special annuity program under article 8-C of the Education Law shall
not suffer any reduction of the salary adjustment to which they are
otherwise entitled under the program, as a result of an increase in
compensation provided for in this bill.

Section 12 of this part provides that salary increases, pursuant to
this bill, shall be effective on the first day of the first pay
period nearest to the effective date of any such salary Increase.

Section 13 of this part provides that the Director of the Budget may
withhold any salary increase in order to: reflect the job performance
of an officer or of an employee, maintain appropriate salary
relationships among employees, reduce state expenditures to
acceptable levels, or whenever such increase is not warranted or
appropriate. Additionally, this section provides that the Director of
the Budget may devise and implement a salary reduction plan covering
employees covered by this part.

Section 14 of this part appropriates additional funding to supplement
currently available appropriations to carry out the benefits and
training and development programs. In addition, funding is included to
cover the pro rata M/C share of negotiated programs.


Section 15 of this part provides for an immediate effective date of
this part, which shall be deemed to have been in full force and
effect on and after April 1, 2011. Appropriations made by this
chapter shall remain in full force and effect for liabilities
incurred through March 31, 2012.

STATEMENT IN SUPPORT OF THE BILL:

PART A OF THE BILL:

This part of the bill implements the terms of a collective bargaining
agreement covering members of the Administrative Services Unit, the
Institutional Services Unit, the Operational Services Unit and the
Division of Military and Naval Affairs Unit represented by CSEA.
Approximately 59,000 full-time annual employees are covered by the
Agreement, including keyboard specialists, clerks, cleaners,
developmental and mental health therapy aides, nurses and highway
maintenance workers.

The prior agreement governing these employees expired on April 1,
2011. Under Article 14 of the Civil Service Law, the Agreement is
binding on all parties to it. This bill incorporates the terms of
that Agreement relating to salary increases, salary deductions,
salary reductions, benefit modifications, and modifications to terms
and conditions of employment and appropriates funds necessary to pay
for it, in accordance with the State's obligations.

PART B OF THE BILL:

This part of the bill establishes terms and conditions of employment
for M/C and other unrepresented employees.

This part of the bill provides M/C and other unrepresented employees
with compensation increases and payments that are comparable to
recently negotiated increases and payments for certain represented
employees. Such parity is essential to provide for appropriate salary
administration (by maintaining proper salary relationships and
mitigating salary compression), assure productivity, maintain good
morale, and to allow for the recruitment and retention of competent
staff.

FISCAL IMPLICATIONS OF THE BILL:

Part A of the bill would provide appropriations totaling approximately
$19 million to pay for the cost of the negotiated agreement during
the period April 2, 2011 to March 31, 2012.

Part B of the bill would provide appropriations totaling approximately
$3.5 million to pay its cost during the period April 1, 2011 to March
31, 2012.

EFFECTIVE DATE:

Part A of the bill takes effect retroactively as of April 2, 2011 and
Part B of the bill takes effect retroactively as of April 1, 2011.

2011-S5846 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 5846                                                  A. 8513

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                              June 22, 2011
                               ___________

IN  SENATE  -- Introduced by Sen. ROBACH -- (at request of the Governor)
  -- read twice and ordered printed, and when printed to be committed to
  the Committee on Rules

IN ASSEMBLY -- Introduced by M. of A.  ABBATE  --  (at  request  of  the
  Governor) -- read once and referred to the Committee on Ways and Means

AN  ACT  to  amend  the  civil service law and the state finance law, in
  relation to compensation and other terms and conditions of  employment
  of certain state officers and employees, to authorize funding of joint
  labor-management committees, to implement agreements between the state
  and an employee organization; to amend chapter 333 of the laws of 1969
  amending  the  civil  service  law  and  other laws relating to salary
  increases for certain state officers and  employees,  in  relation  to
  rates of pay for certain state employees; to repeal certain provisions
  of the civil service law relating thereto; and making an appropriation
  for the purpose of effectuating certain provisions hereof (Part A); to
  amend  the  civil  service  law and the correction law, in relation to
  salaries; to repeal certain provisions of such laws relating  thereto;
  and  making  an  appropriation for the purpose of effectuating certain
  provisions hereof (Part B)

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law legislation necessary to implement
collective bargaining agreements, to make changes to an existing collec-
tive  bargaining agreement, and to implement changes to salary and bene-
fits for certain state officers and employees excluded  from  collective
negotiating  units.  Each  component  is  wholly contained within a Part
identified as Parts A through B. The effective date for each  particular
provision contained within such Part is set forth in the last section of
such Part. Any provision in any section contained within a Part, includ-
ing  the  effective date of the Part, which makes reference to a section

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12077-02-1

S. 5846                             2                            A. 8513

"of this act", when used in connection with that  particular  component,
shall  be  deemed  to mean and refer to the corresponding section of the
Part in which it is found. Section two of this act sets forth the gener-
al  severability  clause applying to this act. Section three of this act
sets forth the general effective date of this act.

                                 PART A

                 COLLECTIVE BARGAINING AGREEMENT BETWEEN
               THE STATE OF NEW YORK AND THE CIVIL SERVICE
                EMPLOYEES ASSOCIATION, INC. FOR 2011-2016
  Section 1. Subparagraphs 1, 2, 3 and 4 of paragraph a of subdivision 1
of section 130 of the civil service  law  are  REPEALED  and  three  new
subparagraphs 1, 2 and 3 are added to read as follows:
  (1) EFFECTIVE APRIL FIRST, TWO THOUSAND TEN FOR OFFICERS AND EMPLOYEES
ON  THE  ADMINISTRATIVE  PAYROLL  AND  EFFECTIVE MARCH TWENTY-FIFTH, TWO
THOUSAND TEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL PAYROLL:
SG  HR    STEP  STEP  STEP  STEP  STEP  STEP     JR  INCR
            1     2     3     4     5     6
1   22041 22785 23529 24273 25017 25761 26505 27249  744
2   22883 23663 24443 25223 26003 26783 27563 28343  780
3   24025 24840 25655 26470 27285 28100 28915 29730  815
4   25074 25937 26800 27663 28526 29389 30252 31115  863
5   26274 27178 28082 28986 29890 30794 31698 32602  904
6   27744 28683 29622 30561 31500 32439 33378 34317  939
7   29278 30263 31248 32233 33218 34203 35188 36173  985
8   30928 31951 32974 33997 35020 36043 37066 38089  1023
9   32653 33722 34791 35860 36929 37998 39067 40136  1069
10  34521 35642 36763 37884 39005 40126 41247 42368  1121
11  36523 37700 38877 40054 41231 42408 43585 44762  1177
12  38612 39830 41048 42266 43484 44702 45920 47138  1218
13  40903 42177 43451 44725 45999 47273 48547 49821  1274
14  43270 44596 45922 47248 48574 49900 51226 52552  1326
15  45781 47163 48545 49927 51309 52691 54073 55455  1382
16  48346 49792 51238 52684 54130 55576 57022 58468  1446
17  51067 52595 54123 55651 57179 58707 60235 61763  1528
18  54018 55614 57210 58806 60402 61998 63594 65190  1596
19  56912 58587 60262 61937 63612 65287 66962 68637  1675
20  59889 61630 63371 65112 66853 68594 70335 72076  1741
21  63101 64924 66747 68570 70393 72216 74039 75862  1823
22  66484 68389 70294 72199 74104 76009 77914 79819  1905
23  70038 72026 74014 76002 77990 79978 81966 83954  1988
24  73850 75908 77966 80024 82082 84140 86198 88256  2058
25  77931 80080 82229 84378 86527 88676 90825 92974  2149
  (2) EFFECTIVE MARCH TWENTY-SEVEN, TWO THOUSAND  FOURTEEN  FOR  OFFICERS
AND  EMPLOYEES  ON  THE ADMINISTRATIVE PAYROLL AND EFFECTIVE APRIL THREE,
TWO THOUSAND FOURTEEN FOR OFFICERS AND  EMPLOYEES  ON  THE  INSTITUTIONAL
PAYROLL:
SG  HR    STEP  STEP  STEP  STEP  STEP  STEP     JR  INCR
            1     2     3     4     5     6
1   22482 23241 24000 24759 25518 26277 27036 27795  759
2   23341 24137 24933 25729 26525 27321 28117 28913  796
3   24506 25337 26168 26999 27830 28661 29492 30323  831
4   25575 26455 27335 28215 29095 29975 30855 31735  880
5   26799 27721 28643 29565 30487 31409 32331 33253  922
6   28299 29257 30215 31173 32131 33089 34047 35005  958

S. 5846                             3                            A. 8513

7   29864 30869 31874 32879 33884 34889 35894 36899  1005
8   31547 32590 33633 34676 35719 36762 37805 38848  1043
9   33306 34396 35486 36576 37666 38756 39846 40936  1090
10  35211 36354 37497 38640 39783 40926 42069 43212  1143
11  37253 38454 39655 40856 42057 43258 44459 45660  1201
12  39384 40626 41868 43110 44352 45594 46836 48078  1242
13  41721 43020 44319 45618 46917 48216 49515 50814  1299
14  44135 45488 46841 48194 49547 50900 52253 53606  1353
15  46697 48107 49517 50927 52337 53747 55157 56567  1410
16  49313 50788 52263 53738 55213 56688 58163 59638  1475
17  52088 53647 55206 56765 58324 59883 61442 63001  1559
18  55098 56726 58354 59982 61610 63238 64866 66494  1628
19  58050 59759 61468 63177 64886 66595 68304 70013  1709
20  61087 62863 64639 66415 68191 69967 71743 73519  1776
21  64363 66222 68081 69940 71799 73658 75517 77376  1859
22  67814 69757 71700 73643 75586 77529 79472 81415  1943
23  71439 73467 75495 77523 79551 81579 83607 85635  2028
24  75327 77426 79525 81624 83723 85822 87921 90020  2099
25  79490 81682 83874 86066 88258 90450 92642 94834  2192
  (3)  EFFECTIVE  MARCH TWENTY-SIX, TWO THOUSAND FIFTEEN FOR OFFICERS AND
EMPLOYEES ON THE ADMINISTRATIVE PAYROLL  AND  EFFECTIVE  APRIL  TWO,  TWO
THOUSAND FIFTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL PAYROLL:
SG  HR    STEP  STEP  STEP  STEP  STEP  STEP     JR  INCR
            1     2     3     4     5     6
1   22932 23706 24480 25254 26028 26802 27576 28350  774
2   23808 24620 25432 26244 27056 27868 28680 29492  812
3   24996 25844 26692 27540 28388 29236 30084 30932  848
4   26087 26985 27883 28781 29679 30577 31475 32373  898
5   27335 28275 29215 30155 31095 32035 32975 33915  940
6   28865 29842 30819 31796 32773 33750 34727 35704  977
7   30461 31486 32511 33536 34561 35586 36611 37636  1025
8   32178 33242 34306 35370 36434 37498 38562 39626  1064
9   33972 35084 36196 37308 38420 39532 40644 41756  1112
10  35915 37081 38247 39413 40579 41745 42911 44077  1166
11  37998 39223 40448 41673 42898 44123 45348 46573  1225
12  40172 41439 42706 43973 45240 46507 47774 49041  1267
13  42555 43880 45205 46530 47855 49180 50505 51830  1325
14  45018 46398 47778 49158 50538 51918 53298 54678  1380
15  47631 49069 50507 51945 53383 54821 56259 57697  1438
16  50299 51804 53309 54814 56319 57824 59329 60834  1505
17  53130 54720 56310 57900 59490 61080 62670 64260  1590
18  56200 57861 59522 61183 62844 64505 66166 67827  1661
19  59211 60954 62697 64440 66183 67926 69669 71412  1743
20  62309 64120 65931 67742 69553 71364 73175 74986  1811
21  65650 67546 69442 71338 73234 75130 77026 78922  1896
22  69170 71152 73134 75116 77098 79080 81062 83044  1982
23  72868 74937 77006 79075 81144 83213 85282 87351  2069
24  76834 78975 81116 83257 85398 87539 89680 91821  2141
25  81080 83316 85552 87788 90024 92260 94496 96732  2236
  S 2. Subdivision 8 of section 167 of the civil service law, as added by
chapter 442 of the laws of 1999, is amended to read as follows:
  8.  Notwithstanding any inconsistent provision of law, where and to the
extent that an agreement between the state and an  employee  organization
entered  into  pursuant  to article fourteen of this chapter so provides,
the state cost of premium or subscription charges for eligible  employees
covered  by  such  agreement  may be [increased] MODIFIED pursuant to the

S. 5846                             4                            A. 8513

terms of such agreement [and for a duration provided  by  such  agreement
and pursuant to rules and regulations as may be established by the presi-
dent.  Such  increase in state cost shall only apply during the period of
eligibility  provided  by  such agreement and shall not be applied during
retirement].  THE PRESIDENT, WITH THE APPROVAL OF  THE  DIRECTOR  OF  THE
BUDGET,  MAY  EXTEND  THE  MODIFIED STATE COST OF PREMIUM OR SUBSCRIPTION
CHARGES FOR EMPLOYEES OR RETIREES NOT SUBJECT TO AN AGREEMENT  REFERENCED
ABOVE  AND  SHALL PROMULGATE THE NECESSARY RULES OR REGULATIONS TO IMPLE-
MENT THIS PROVISION.
  S 3. Subdivision 2 of section 208 of the civil service law, as  amended
by  section  3 of part A of chapter 10 of the laws of 2008, is amended to
read as follows:
  2. An employee organization certified or recognized  pursuant  to  this
article  shall  be  entitled  to unchallenged representation status until
seven months prior to the expiration of a written agreement  between  the
public  employer  and  said  employee  organization determining terms and
conditions of employment. For the purposes of this subdivision,  (a)  any
such  agreement  for  a  term  covering other than the fiscal year of the
public employer shall be deemed to expire with  the  fiscal  year  ending
immediately prior to the termination date of such agreement, (b) any such
agreement  having  a term in excess of three years shall be treated as an
agreement for a term of three years, provided, however, any  such  agree-
ment  between the state and an employee organization representing employ-
ees in the executive or judicial branches which commences in the calendar
year two thousand [seven] ELEVEN having a term in excess of  three  years
shall  be  treated  as  an agreement for a term certain specified in such
agreement but in no event for a term greater than  four  years,  AND  (c)
extensions  of  any such agreement shall not extend the period of unchal-
lenged representation status[, and (d) notwithstanding any  provision  of
law  to  the  contrary, the interest arbitration award issued pursuant to
the provisions of paragraph  (e)  of  subdivision  four  of  section  two
hundred nine of this article binding the executive branch of the state of
New  York  and  the employee organization which represents the collective
negotiating unit consisting  of  troopers  and  the  unit  consisting  of
commissioned  and  non-commissioned  officers  in  the  division of state
police, covering a period commencing April first, nineteen hundred  nine-
ty-nine,  shall  be treated as a written agreement for the term specified
in such award solely for the representation purposes of this section].
  S 4. Paragraph (e) of subdivision 3 of section 130 of the civil service
law, as amended by section 4 of part A of chapter 10 of the laws of 2008,
is amended to read as follows:
  (e) [(i) Prior to April first, two thousand  ten,  and  notwithstanding
any  inconsistent  provision of law, officers and employees to whom para-
graph a of subdivision one of this section applies who, on or after April
first, nineteen hundred eighty-seven, on their anniversary date have five
or more years of continuous service as defined by paragraph (c)  of  this
subdivision  at  a  basic annual salary rate equal to or in excess of the
job rate or maximum salary of their salary grade,  but  below  the  first
longevity  step  and  whose performance for the most recent rating period
was rated at least "satisfactory" or its  equivalent,  shall  have  their
basic  annual  salary increased to the first longevity step or shall have
their basic annual salary  as  otherwise  effective  increased  by  seven
hundred  fifty  dollars,  or  by eight hundred seventy-five dollars on or
after April first, two thousand seven; or by one thousand dollars  on  or
after  April  first,  two  thousand eight; or by one thousand one hundred
twenty-five dollars on or after April first, two thousand nine or as much

S. 5846                             5                            A. 8513

of that amount as will not result in the new basic annual salary  exceed-
ing  the  step  two  longevity  step.  Notwithstanding  any  inconsistent
provision of law, officers and employees to whom paragraph a of  subdivi-
sion  one  of  this  section apply who, on or after April first, nineteen
hundred eighty-seven, on their anniversary date have ten or more years of
continuous service as defined by paragraph (c) of this subdivision  at  a
basic annual salary rate equal to or in excess of the job rate or maximum
salary  of  their  salary  grade, but below the second longevity step and
whose performance for the most recent rating period was  rated  at  least
"satisfactory"  or  its  equivalent, shall have their basic annual salary
increased to the second longevity step as found in paragraph a of  subdi-
vision one of this section. Such increases to longevity steps by eligible
officers  or  employees  shall  become  effective on the first day of the
payroll period which next begins following  the  anniversary  date  which
satisfies  the prescribed service requirements.  For the purposes of this
paragraph the term continuous service as defined by paragraph (c) of this
subdivision for employees in the division of military and  naval  affairs
unit  shall refer to uninterrupted service in the civilian service of the
division of military and naval affairs.
  (ii) Officers] WHERE, AND TO THE EXTENT THAT, AN AGREEMENT BETWEEN  THE
STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOUR-
TEEN OF THIS CHAPTER ON BEHALF OF OFFICERS AND EMPLOYEES SERVING IN POSI-
TIONS  IN  THE ADMINISTRATIVE SERVICES UNIT, INSTITUTIONAL SERVICES UNIT,
OPERATIONAL SERVICES UNIT OR MILITARY AND NAVAL AFFAIRS UNIT SO  PROVIDES
OFFICERS  and  employees  to  whom paragraph a of subdivision one of this
section applies who, on or after April first, two thousand [ten]  ELEVEN,
on  their  anniversary  date  have  five or more years, BUT LESS THAN TEN
YEARS, of continuous service as defined by paragraph (c) of this subdivi-
sion at a basic annual salary rate equal to or in excess of the job  rate
or maximum salary of their salary grade, shall receive a lump sum payment
in  the  amount  of  one  thousand two hundred fifty dollars.  [Officers]
WHERE, AND TO THE EXTENT THAT, AN AGREEMENT  BETWEEN  THE  STATE  AND  AN
EMPLOYEE  ORGANIZATION  ENTERED INTO PURSUANT TO ARTICLE FOURTEEN OF THIS
CHAPTER ON BEHALF OF OFFICERS AND EMPLOYEES SERVING IN POSITIONS  IN  THE
ADMINISTRATIVE  SERVICES  UNIT,  INSTITUTIONAL SERVICES UNIT, OPERATIONAL
SERVICES UNIT OR MILITARY AND NAVAL AFFAIRS UNIT SO PROVIDES OFFICERS and
employees to whom paragraph a of subdivision one of this section  applies
who,  on  or after April first, two thousand [ten] ELEVEN, on their anni-
versary date have ten or more years of continuous service as  defined  by
paragraph  (c) of this subdivision at a basic annual salary rate equal to
or in excess of the job rate or maximum  salary  of  their  salary  grade
shall  receive  a  lump  sum  payment  in the amount of two thousand five
hundred dollars.
  Such lump sum payment shall be in addition  to  and  not  part  of  the
employee's  basic annual salary, provided however that any amount payable
by this paragraph shall be included  as  compensation  for  overtime  and
retirement purposes.
  Such lump sum payment shall be payable in April of each fiscal year, or
as  soon as practicable thereafter, for those eligible employees who have
achieved five or more, or ten or more  years  of  continuous  service  as
defined  by  paragraph  (c)  of this subdivision at a basic annual salary
rate equal to or in excess of the job rate or  maximum  salary  of  their
salary  grade  during the period October first through March thirty-first
of the previous fiscal year. Such payment shall be payable in October  of
each  fiscal year, or as soon as practicable thereafter, for those eligi-
ble employees who have achieved five or more, or ten  or  more  years  of

S. 5846                             6                            A. 8513

continuous  service  as defined by paragraph (c) of this subdivision at a
basic annual salary rate equal to or in excess of the job rate or maximum
salary of their salary  grade  during  the  period  April  first  through
September  thirtieth  of that same fiscal year. [All compensation already
included in an employee's basic annual salary  pursuant  to  subparagraph
(i) of this paragraph shall remain included in such basic annual salary.]
  S 5. Subdivision 12-d of section 8 of the state finance law, as amended
by  section  5 of part A of chapter 10 of the laws of 2008, is amended to
read as follows:
  12-d. Notwithstanding any inconsistent provision of the court of claims
act, examine, audit and certify  for  payment  any  claim  submitted  and
approved  by  the  head  of  a  state  department or agency, other than a
department or agency specified in subdivision twelve of this section, for
personal property of an employee damaged or destroyed in  the  course  of
the  performance  of  official  duties  without  fault  on his part by an
inmate, patient or client of such department or agency after March  thir-
ty-first, two thousand [seven] ELEVEN and prior to April first, two thou-
sand  [eleven]  SIXTEEN,  provided  no  such  claim  may be certified for
payment to an officer or employee who is in a collective negotiating unit
until the director of employee relations shall deliver to the comptroller
a [certificate] LETTER that there is in effect with respect to such nego-
tiating unit a written collectively negotiated agreement with  the  state
pursuant  to  article  fourteen  of  the civil service law which provides
therefor.  Payment of any such claim shall not exceed the  sum  of  three
hundred  dollars.  No  person  submitting  a claim under this subdivision
shall have any claim for  damages  to  such  personal  property  approved
pursuant  to  the  provision  of subdivision four of section five hundred
thirty of the labor law or any other applicable provision of law.
  S 6. Subdivision 12-e of section 8 of the state finance law, as amended
by section 6 of part A of chapter 10 of the laws of 2008, is  amended  to
read as follows:
  12-e. Notwithstanding any inconsistent provision of the court of claims
act, where, and to the extent that, an agreement between the state and an
employee  organization  entered  into pursuant to article fourteen of the
civil service law on behalf of officers and employees  serving  in  posi-
tions in the professional, scientific and technical services unit, admin-
istrative   services   unit,  institutional  services  unit,  operational
services UNIT OR and military and naval affairs unit so  provides,  exam-
ine,  audit  and  certify for payment any claim submitted and approved by
the head of a state department or agency  for  personal  property  of  an
officer  or  employee  damaged  or destroyed in the actual performance of
official duties without fault or negligence of the  officer  or  employee
other  than  a  claim  specified  and  covered  by  subdivision twelve or
twelve-d of this section after March thirty-first, two  thousand  [seven]
ELEVEN and before April first, two thousand [eleven] SIXTEEN.  Payment of
such claim shall not exceed the sum of three hundred fifty dollars. Where
an  agreement  between  the  state and such employee organization entered
into pursuant to article fourteen of the civil service law  provides  for
payment  to  be  made  to officers and employees by a state department or
agency, such payments for claims not in excess of the amount specified in
subdivision three of section one hundred fifteen of this chapter  may  be
made  from  a  petty  cash  account  established  pursuant to section one
hundred fifteen of this chapter and in the manner prescribed therein  and
pursuant  to regulations of the comptroller. No person submitting a claim
under this subdivision shall have any claim for damages to such  personal
property  approved  pursuant  to  the  provisions  of subdivision four of

S. 5846                             7                            A. 8513

section five hundred thirty of the labor  law  or  any  other  applicable
provision of law.
  S  7.  Section  200 of the state finance law is amended by adding a new
subdivision 5 to read as follows:
  5. NOTWITHSTANDING ANY LAW TO THE CONTRARY, BY  AGREEMENT  BETWEEN  THE
STATE AND AN EMPLOYEE ORGANIZATION ENTERED INTO PURSUANT TO ARTICLE FOUR-
TEEN  OF THE CIVIL SERVICE LAW, OR BY AN INTEREST ARBITRATION AWARD BIND-
ING THE STATE AND AN EMPLOYEE ORGANIZATION PURSUANT TO  ARTICLE  FOURTEEN
OF THE CIVIL SERVICE LAW, OR BY THE DIRECTOR OF BUDGET FOR STATE OFFICERS
AND  EMPLOYEES IN THE EXECUTIVE BRANCH WHO ARE IN POSITIONS WHICH ARE NOT
IN COLLECTIVE NEGOTIATING UNITS, PLANS MAY BE ESTABLISHED TO  REDUCE  THE
BASIC  ANNUAL SALARY, HOURLY RATE OR PER DIEM FOR ANY EMPLOYEE WITHIN THE
PURVIEW OF SUCH AGREEMENT, INTEREST  ARBITRATION  AWARD,  OR  THE  BUDGET
DIRECTOR'S  AUTHORITY.  ANY  PLAN OR PLANS ESTABLISHED UNDER THIS SECTION
WILL BE IMPLEMENTED WHEN THE BUDGET DIRECTOR NOTIFIES THE DIRECTOR OF THE
GOVERNOR'S OFFICE OF EMPLOYEE RELATIONS AND DELIVERS SUCH PLAN  OR  PLANS
TO  THE  COMPTROLLER, AT WHICH POINT THE COMPTROLLER WILL TAKE THE NECES-
SARY ACTIONS TO REDUCE, RESTORE, OR REPAY COMPENSATION, PROVIDED HOWEVER,
THAT THE COMPTROLLER MUST TAKE SUCH ACTIONS WHOLLY WITHIN THE FISCAL YEAR
THAT SUCH PLAN REQUIRES. AFTER THE CESSATION  OF  SUCH  PLAN,  THE  COMP-
TROLLER  SHALL RESTORE SUCH SALARY, HOURLY RATE OR PER DIEM TO THE AMOUNT
IN EFFECT IMMEDIATELY BEFORE THE COMMENCEMENT OF SUCH PLAN.
  S 8. Subdivision 1 of section 135 of the civil service law  is  amended
adding a new paragraph (d) to read as follows:
  (D) PAYMENTS MADE PURSUANT TO A COLLECTIVE BARGAINING AGREEMENT NEGOTI-
ATED  PURSUANT TO ARTICLE FOURTEEN OF THIS CHAPTER OR REGULATIONS PROMUL-
GATED BY THE PRESIDENT PURSUANT  TO  SUBDIVISION  THREE  OF  SECTION  ONE
HUNDRED  SIXTY-THREE OF THIS CHAPTER PERMITTING PAYMENT TO AN EMPLOYEE OR
OFFICER IN EXCHANGE FOR THE EMPLOYEE'S  ELECTION  TO  WITHDRAW  FROM  THE
HEALTH  INSURANCE  PLAN  ESTABLISHED  PURSUANT  TO ARTICLE ELEVEN OF THIS
CHAPTER. SUCH PAYMENTS SHALL NOT BE  CONSIDERED  PART  OF  AN  EMPLOYEE'S
BASIC  ANNUAL  SALARY  AND  SHALL  NOT BE CONSIDERED COMPENSATION FOR THE
PURPOSES OF OVERTIME CALCULATION OR RETIREMENT.
  S 9. Compensation for certain state officers and employees  in  collec-
tive  negotiating units.   1. The provisions of this section shall apply,
except as otherwise stated in this section, to all full-time officers and
employees in the collective negotiating units designated as the  adminis-
trative  services  unit, the institutional services unit, the operational
services unit, or the division of military and naval affairs unit  estab-
lished pursuant to article 14 of the civil service law.
  2.  (a)  Effective  March  28,  2013  for officers and employees on the
administrative payroll and effective  April  4,  2013  for  officers  and
employees  on  the  institutional  payroll  pursuant to article 14 of the
civil service law a lump sum payment  of  $775  shall  be  made  to  each
employee in such units in full-time annual salaried employment status who
was  (i)  active on the date of ratification of the agreement between the
state and the negotiating unit covering such employee and (ii) in contin-
uous service, as defined by paragraph (c) of subdivision 3 of section 130
of the civil service law, from that date until March 28, 2013  for  offi-
cers and employees on the administrative payroll and on April 4, 2013 for
officers  and employees on the institutional payroll. Such lump sum shall
be considered salary for final average  salary  retirement  purposes  but
shall not become part of basic annual salary. Notwithstanding the forego-
ing provisions of this subdivision, officers and employees who would have
otherwise  been  eligible  to receive such lump sum payment, but who were
not on the payroll on such date, shall be eligible for  said  payment  if

S. 5846                             8                            A. 8513

they  return  to  full-time  employment  status  during  the  fiscal year
2013-2014 without a break in continuous service.
  (b) Effective March 27, 2014 for officers and employees on the adminis-
trative payroll and effective April 3, 2014 for officers and employees on
the institutional payroll pursuant to article 14 of the civil service law
a  lump  sum payment of $225 shall be made to each employee in such units
in full-time annual salaried employment status who was (i) active on  the
date of ratification of the agreement between the state and the negotiat-
ing  unit  covering  such  employee  and  (ii)  in continuous service, as
defined by paragraph (c) of subdivision 3 of section  130  of  the  civil
service law, from that date until March 28, 2013 for officers and employ-
ees  on  the  administrative  payroll  and April 4, 2013 for officers and
employees on the institutional payroll. Such lump sum shall be considered
salary for final average salary retirement purposes but shall not  become
part of basic annual salary.
  3.  Effective March 27, 2014 for officers and employees on the adminis-
trative payroll and effective April 3, 2014 for officers and employees on
the institutional payroll,  the  basic  annual  salary  of  officers  and
employees  in  full-time  annual  salaried  employment  status on the day
before such payroll period shall be increased by two percent adjusted  to
the nearest whole dollar amount.
  4.  Effective March 26, 2015 for officers and employees on the adminis-
trative payroll and effective April 2, 2015 for officers and employees on
the institutional payroll,  the  basic  annual  salary  of  officers  and
employees  in  full-time  annual  salaried  employment  status on the day
before such payroll period shall be increased by two percent adjusted  to
the nearest whole dollar amount.
  5.  Notwithstanding  the  provisions  of subdivisions three and four of
this section, if the basic annual salary of an  officer  or  employee  to
whom  the  provisions  of this section apply is identical with the hiring
rate, step one, two, three, four, five, six or job  rate  of  the  salary
grade  of  his  or  her  position on the effective dates of the increases
provided in  these  subdivisions,  such  basic  annual  salary  shall  be
increased  to  the  hiring rate, step one, two, three, four, five, six or
job rate, respectively, of such salary grade as contained in  the  appro-
priate salary schedules in subparagraphs 2 and 3 of paragraph a of subdi-
vision 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 subparagraphs 2 and
3, respectively. The increases in basic annual salary  provided  by  this
subdivision  shall  be  in  lieu  of  any increase in basic annual salary
provided for in subdivisions three and four of this section.
  6. Payments pursuant to the provisions of subdivision 6 of section  131
of  the  civil  service  law  for  full-time annual salaried officers and
employees entitled to such  payments  to  whom  the  provisions  of  this
section  apply shall be payable in accordance with the terms of an agree-
ment reached pursuant to article 14 of the civil service law between  the
state  and an employee organization representing employees subject to the
provisions of this section.
  7. 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 unencum-
bered.

S. 5846                             9                            A. 8513

  8. The increases in salary provided in subdivisions three and  four  of
this  section,  and also the payments provided in subdivision two 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 subdivision six of
this section shall not apply to employees serving on an hourly, per diem,
or seasonal basis, except as determined by the director of the budget.
  9.  In  order  to  provide  for the officers and employees to whom this
section applies who are not allocated to salary grades, but are  paid  on
an  annual  basis,  increases and payments pursuant to subdivision six 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  state  department  of  civil
service, the chairman of the senate finance committee and the chairman of
the assembly ways and means committee.
  10. 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.
  11. Notwithstanding any other provision of this section,  any  increase
in  compensation  for any officer or employee appointed to a lower graded
position from a redeployment list pursuant to subdivision 1 of section 79
of the civil service law who continues to receive his or her former sala-
ry pursuant to such subdivision shall be determined on the basis of  such
lower  graded  position  provided,  however, that the increases in salary
provided in this section shall not cause  such  officer's  or  employee's
salary to exceed the job rate of such lower graded position.
  12.  Notwithstanding any of the foregoing provisions of this section or
of any law to the contrary, the director of the  budget  may  reduce  the
salary  of  any position which is vacant or which becomes vacant, so long
as the position, if encumbered, would be subject  to  the  provisions  of
this  section.  The  director  of  the  budget does not need to provide a
reason for such reduction.
  13. Notwithstanding any of the foregoing provisions of this section  or
of  any law to the contrary, any increase in compensation may be withheld
in whole or in part from any employee to  whom  the  provisions  of  this
section are applicable when, in the opinion of the director of the budget
and the director of employee relations, such increase is not warranted or
is not appropriate for any reason.
  S  10.  Compensation  for certain employees of the contract colleges at
Cornell and Alfred universities.  1. During the period April 1,  2011  to
March  31, 2016, the basic annual salaries of positions in the nonprofes-
sional service, except those positions in the Cornell service and mainte-
nance unit which are subject to the  terms  of  a  collective  bargaining
agreement  between  Cornell  University  and  the  employee  organization
representing employees in such positions and except  those  positions  in
the Alfred service and maintenance unit which are subject to the terms of
a  collective  bargaining  agreement  between  Alfred  University and the
employee organization representing employees in such positions, in insti-

S. 5846                            10                            A. 8513

tutions under the management and control of Cornell and Alfred  universi-
ties  as representatives of the board of trustees of the state university
may be increased pursuant to plans approved by the state university trus-
tees.  Such  plans may include new salary schedules which shall supersede
the salary schedules then in effect applicable to  such  employees.  Such
increases in basic annual salary rates, exclusive of performance advance-
ment  payments  or  merit  recognition  payments, shall not exceed in the
aggregate the payments provided in subdivisions two, three, and  four  of
section  nine  of  this  act, for incumbents of positions subject to this
subdivision. Such plans may provide, within the appropriations  available
therefor,  an amount for distribution in whole or in part for meritorious
service by Cornell and Alfred universities, in their discretion, with the
approval of the state university trustees to the incumbents of such posi-
tions.
  2. For the purposes of this section, the basic annual salary of employ-
ees is that salary which is  obtained  through  direct  appropriation  of
state  moneys  for  the  purpose of paying wages. Nothing in this section
shall prevent payment of additional amounts to incumbents of  such  posi-
tions  in  the  nonprofessional  service  in addition to the basic annual
salary; provided, however, that the amounts required for such  additional
payment, and the cost of fringe benefits attributable to such payment, as
determined by the comptroller, are made available to the state in accord-
ance  with  the  procedures  established by the state university for such
purposes.
  3. Notwithstanding  the  foregoing  provisions  of  this  section,  any
increase  in  compensation  provided  by  this section may be withheld in
whole or in part from any officer or employee when, in the opinion of the
director of the budget, such withholding is necessary to reflect the  job
performance of such officer or employee, or to maintain appropriate sala-
ry  relationships  among officers or employees of the state, or to reduce
state expenditures to acceptable levels, or when  such  increase  is  not
warranted  or  is  not  appropriate for any reason and the salary of such
officer or employee is set at the discretion of the appointing authority.
  4. Notwithstanding the foregoing provisions of this subdivision or  act
or  any  other  provision of law, rule or regulation to the contrary, the
contract colleges at Cornell and Alfred universities  are  authorized  to
provide  for  a  procedure  for  the  repayment of salaries withheld from
incumbents of positions subject  to  this  subdivision  as  described  in
subdivision  one  of this section, pursuant to subdivision 2-a of section
200 of the state finance law in lieu of the lump sum  payment  authorized
by  subparagraph  3 of paragraph (a) of subdivision 2-a of section 200 of
the state finance law, subject to the approval of  the  state  university
trustees.  Further,  Cornell  and  Alfred  universities are authorized to
provide that the salary of employees newly hired on or after September 1,
1992 shall not be subject to the provisions of subdivision 2-a of section
200 of the state finance law.
  S 11. Location compensation for certain state officers and employees in
collective  negotiating  units.      Notwithstanding   any   inconsistent
provisions  of  law, full-time annual salaried officers and employees, as
well as non-annual salaried seasonal officers  and  employees  who  shall
receive  the compensation provided for pursuant to this section on a pro-
rated basis, except non-annual salaried officers and  employees  who  are
not  seasonal,  in  the  collective  negotiating  units designated as the
administrative services unit, the institutional services unit, the opera-
tional services unit, or the division of military and naval affairs  unit
established  pursuant to article 14 of the civil service law, whose prin-

S. 5846                            11                            A. 8513

cipal place of employment or, in the case  of  a  field  employee,  whose
official  station as determined in accordance with the regulations of the
comptroller is located (1) in the county of Monroe and who were  eligible
to  receive location pay on March 31, 1985, shall receive location pay at
the rate of $200 per year provided they continue to be otherwise eligible
or (2) in the city of New York, or in the county of  Rockland,  Westches-
ter,  Nassau  or  Suffolk  shall,  effective  April  1, 2011, continue to
receive a downstate adjustment at the annual rate of $3,026  (3)  in  the
county  of  Dutchess,  Putnam  or  Orange shall, effective April 1, 2011,
continue to receive a mid-Hudson adjustment at the annual rate of $1,513.
Such location payments shall be in addition to and shall not be a part of
an officer's or employee's basic annual salary, and shall not  affect  or
impair  any performance advancements or other rights or benefits to which
an officer or employee may be entitled by law,  provided,  however,  that
location  payments  shall  be  included  as  compensation for purposes of
computation of overtime pay and for retirement  purposes.  For  the  sole
purpose  of  continuing eligibility for location pay in Monroe county, an
officer or employee previously eligible to receive location pay on  March
31,  1985  who  is  on an approved leave of absence or participates in an
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.
  S 12. Continuation of location compensation for  certain  officers  and
employees  of  the  Hudson  Valley  developmental  disabilities  services
office. 1. Notwithstanding any law, rule or regulation to  the  contrary,
any  officer  or employee of the Hudson Valley developmental disabilities
services office represented in the collective  negotiating  units  desig-
nated  as  the  administrative  services unit, the institutional services
unit or the operational services unit,  who  is  receiving  location  pay
pursuant  to  section 5 of chapter 174 of the laws of 1993 shall continue
to receive such location pay under the conditions and at the rates speci-
fied by such section.
  2. Notwithstanding any law, rule or regulation  to  the  contrary,  any
officer  or  employee  of  the  Hudson  Valley developmental disabilities
services office represented in the collective  negotiating  units  desig-
nated  as  the  administrative  services unit, the institutional services
negotiating unit or the operational services  negotiating  unit,  who  is
receiving  location pay pursuant to subdivision 2 of section 9 of chapter
315 of the laws of 1995 shall continue to receive such location pay under
the conditions and at the rates specified by such subdivision.
  3. Notwithstanding section eleven of this act or any other law, rule or
regulation to the contrary, any officer or employee of the Hudson  Valley
developmental  disabilities services office represented in the collective
negotiating units designated as the  administrative  services  unit,  the
institutional  services  unit  or  the  operational services unit, who is
receiving location pay pursuant to such section eleven shall continue  to
be eligible for such location pay if such officer's or employee's princi-
pal place of employment is changed to a location outside of the county of
Rockland as the result of a reduction or redeployment of staff, provided,
however,  that  such  officer  or  employee is reassigned to or otherwise
appointed or promoted to a different position at  another  work  location
within  the  Hudson  Valley  developmental  disabilities  services office
located outside of the county of Rockland. The  rate  of  such  continued
location  pay  shall  not  exceed  the  rates such officer or employee is
receiving on the date of such reassignment, appointment or promotion.

S. 5846                            12                            A. 8513

  S 13. Notwithstanding any law, rule  or  regulation  to  the  contrary,
certain  full-time  employees of the office for people with developmental
disabilities in the collective negotiating unit designated as the  insti-
tutional  services unit who are required to sleep over at their work site
shall  continue  to  receive  inconvenience pay pursuant to section 17 of
chapter 333 of the laws of  1969  as  amended,  in  accordance  with  and
subject to the conditions established by the terms of a negotiated agree-
ment  between  the  state  and an employee organization representing such
unit and the resolution of a contract  grievance  bearing  identification
number 98-04-448.
  S  14.  Additional compensation for certain employees in recognition of
pre-shift briefing. 1. In recognition  of  the  general  requirement  for
full-time  employees  of  the  state  in  the collective negotiating unit
designated as the division of military and  naval  affairs  unit,  estab-
lished  pursuant  to article 14 of the civil service law, to assemble for
briefing prior to the commencement of duties, each  such  employee  shall
receive  additional  compensation at the rate of $60 per biweekly payroll
period in accordance with the terms of a collectively  negotiated  agree-
ment  between  the  state  and an employee organization representing such
employees pursuant to article 14 of the civil  service  law.  Such  addi-
tional  compensation shall be paid in addition to and shall not be a part
of the employee's basic annual salary.    Notwithstanding  the  foregoing
provisions  of this section, or of any other law, such additional compen-
sation as added by this section shall be in lieu of the  continuation  of
any  other  additional compensation for such employees paid prior to June
2, 1988, in recognition of pre-shift briefing.
  2. Notwithstanding any inconsistent provisions of law, effective  April
1, 2011, where and to the extent that, an agreement between the state and
an employee organization entered into pursuant to article 14 of the civil
service  law  so provides, in recognition of the general requirement that
certain full-time employees of the state in  the  collective  negotiating
unit  designated as the institutional services unit, established pursuant
to article 14 of the civil service law, in the employ of  the  office  of
children  and  family  services,  to  assemble  for briefing prior to the
commencement of duties,  each  such  employee  shall  receive  additional
compensation  in  the amount of $4.80, or one-quarter hour of their over-
time rate, whichever is higher, when they are required  to  and  actually
assemble for such briefing. Such additional compensation shall be paid in
addition  to and shall not be a part of the employee's basic annual sala-
ry.
  S  15.  Assignment  to  duty  pay.  Notwithstanding  any   inconsistent
provisions of law, effective April 1, 2011, where and to the extent that,
an  agreement between the state and an employee organization entered into
pursuant to article 14 of the civil service law so provides,  an  assign-
ment to duty lump sum shall be paid each year to an employee who is serv-
ing  in  a particular assignment deemed qualified pursuant to such agree-
ment. 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 agree-
ment. Assignment to duty pay shall not be paid in any  year  an  employee
does  not  meet  the minimum period of time in such qualifying assignment
required by the agreement or upon cessation of  the  assignment  to  duty
program  on  March  30,  2016  unless  an  extension is negotiated by the
parties. Such lump sum shall be considered salary only for final  average
salary retirement purposes.

S. 5846                            13                            A. 8513

  S  16.  Long  term seasonal employees. Notwithstanding any inconsistent
provisions of law, effective April 1, 2011, 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 serving in a qualifying
long term seasonal position. Such payment shall be in an  amount  negoti-
ated  and pursuant to negotiated qualifying criteria and shall be consid-
ered salary only for final average salary retirement purposes. Such bene-
fit shall be available until March 30, 2016.
  S 17. In recognition of the specific requirements  for  winter  mainte-
nance  activity for full-time employees of the state department of trans-
portation in the collective negotiating unit  designated  as  the  opera-
tional  services  unit,  established  pursuant to article 14 of the civil
service law, and to the  extent  the  terms  of  a  negotiated  agreement
between  the  state  and  an employee organization representing such unit
entered into pursuant to article 14 of the civil service law so provides,
such employees shall receive payments for winter maintenance  shifts  and
call-out  responses  if  otherwise  eligible  and in accordance with such
negotiated agreement.
  S 18. Subdivision 2 of section 17 of chapter 333 of the  laws  of  1969
amending  the  civil  service  law  and  other  laws  relating  to salary
increases for certain state officers and employees, as amended by chapter
214 of the laws of 2009, is amended to read as follows:
  2. Any employee subject to this section who is required to work a  tour
of  duty  which includes four or more hours between the hours of six p.m.
and six a.m., exclusive of any hours for which he or she  receives  over-
time  compensation,  shall be entitled to inconvenience pay for such tour
of duty in an amount equal to the daily rate equivalent of  four  hundred
dollars  per  year,  unless  a  higher daily rate is authorized under the
terms of a collective negotiated  agreement  between  the  state  and  an
employee organization pursuant to article 14 of the civil service law, or
is  authorized  by the director of the budget for employees excluded from
negotiating rights under article 14 of the civil service  law,  in  which
case  such  daily rate may be up to five hundred seventy-five dollars per
year, SHALL CONTINUE effective April 2, [2007] 2011.  The  provisions  of
this  subdivision shall apply on a prorated basis to officers and employ-
ees serving on a seasonal  basis  in  the  collective  negotiating  units
designated   as  the  administrative  services  unit,  the  institutional
services unit, the operational services unit, and the division  of  mili-
tary  and  naval  affairs  unit, and officers and employees excluded from
collective negotiating units established pursuant to article  14  of  the
civil service law.
  S  19.  Notwithstanding any inconsistent provision of law, where and to
the extent that any 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 units
designated as the  administrative,  institutional,  operational  services
negotiating  units  or  the  military  and naval affairs negotiating unit
established pursuant to article 14 of the civil service  law,  the  state
shall contribute an amount designated in such agreement and for the peri-
od  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.

S. 5846                            14                            A. 8513

  S  20. Notwithstanding any provision of law to the contrary, the appro-
priations contained in this act shall be available to the state  for  the
payment  and  publication  of  grievance  and arbitration settlements and
awards pursuant to articles 33  and  34  of  the  collective  negotiating
agreement  between  the  state and the employee organization representing
the  collective  negotiating  units  designated  as  the   administrative
services  unit, the institutional services unit, the operational services
unit or the division of  military  and  naval  affairs  unit  established
pursuant to article 14 of the civil service law.
  S  21.  During  the  period  April 2, 2011 through April 1, 2016, 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 collective
negotiating units designated as the  administrative  services  unit,  the
institutional  services  unit, the operational services unit or the divi-
sion of military and naval affairs unit established pursuant  to  article
14  of  the  civil service law which shall, after April 2, 2011, have the
responsibility of studying  and  making  recommendations  concerning  the
major  issues  of productivity, the quality of work life and implementing
the agreements reached.
  S 22. The salary increases, salary deductions, salary reductions, bene-
fit modifications, and any other modifications to terms and conditions of
employment provided for by this act for state employees in the collective
negotiating units designated as the  administrative  services  unit,  the
institutional  services  unit, the operational services unit or the divi-
sion of military and naval affairs unit established pursuant  to  article
14  of  the civil service law shall not be implemented until the director
of employee relations shall have delivered to the director of the  budget
and  the  comptroller  a  letter  certifying that there is in effect with
respect to such negotiating  units  collectively  negotiated  agreements,
ratified by the membership, which provide for such increases, deductions,
reductions and modifications.
  S  23.  Use of appropriations. The comptroller is authorized to pay any
amounts required during the fiscal years commencing April 1, 2011 by  the
foregoing  provisions of this act for any state department or agency from
any appropriation or other funds available to such  state  department  or
agency for personal service or for other related employee benefits during
such  fiscal year. To the extent that such appropriations in any fund are
insufficient to accomplish the purposes herein set forth, the director of
the budget is authorized to allocate to the various departments and agen-
cies, from any appropriations available in any fund, the  amounts  neces-
sary to pay such amounts.
  S 24. 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.
  S 25. 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,  2011  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. No money shall be

S. 5846                            15                            A. 8513

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

                    Nonpersonal Service

Joint committee on health benefits ............. 1,331,000
Employee training and development ............. 10,714,000
Safety and health maintenance committee .......... 637,000
Employment security committee .................... 525,000
Family Benefits Committee ...................... 2,582,000
Discipline ....................................... 381,000
Employee assistance program ...................... 648,000
Statewide performance rating committee ............ 41,000
Property damage ................................... 32,000
Work related clothing (operational  services
  unit) ........................................ 1,071,000
Tool allowance (operational services unit) ........ 77,000
Tool insurance (operational services unit) ........ 26,000
Uniform  allowance  (institutional  services
  unit) .......................................... 430,000
Work   related    clothing    (institutional
  services unit) .................................. 80,000
Contract Administration .......................... 400,000

  S  26.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 2, 2011. Appropri-
ations made by this act shall  remain  in  full  force  and  effect  for
liabilities incurred through March 31, 2012.
-------------------------------------------------------------------
  REPEAL  NOTE.--Subparagraphs 1, 2, 3, and 4 of paragraph a of subdivi-
sion 1 of section 130 of the civil service law, repealed by section  one
of this act, provided salary schedules for state employees in the admin-
istrative  services  unit,  the  operational services unit, the institu-
tional services unit and the division of military and naval affairs  and
are  replaced by revised salary schedules in new subparagraphs 1, 2, and
3.

                                 PART B

                 SALARIES AND BENEFITS FOR CERTAIN STATE
                  OFFICERS AND EMPLOYEES EXCLUDED FROM
               COLLECTIVE NEGOTIATING UNITS FOR 2011-2016
  Section 1. Paragraph d of subdivision 1 of section 130  of  the  civil
service  law  is  REPEALED  and  a  new  paragraph d is added to read as
follows:
  D. SALARY GRADES FOR POSITIONS IN THE COMPETITIVE, NON-COMPETITIVE AND
LABOR CLASSES OF THE CLASSIFIED SERVICE OF THE STATE OF NEW YORK  DESIG-

S. 5846                            16                            A. 8513

NATED  MANAGERIAL  OR  CONFIDENTIAL PURSUANT TO ARTICLE FOURTEEN OF THIS
CHAPTER, CIVILIAN STATE EMPLOYEES OF THE DIVISION OF MILITARY AND  NAVAL
AFFAIRS  OF  THE EXECUTIVE DEPARTMENT WHOSE POSITIONS ARE NOT IN, OR ARE
EXCLUDED  FROM  REPRESENTATION  RIGHTS  IN,  ANY RECOGNIZED OR CERTIFIED
NEGOTIATING UNIT, AND THOSE EXCLUDED FROM  REPRESENTATION  RIGHTS  UNDER
ARTICLE FOURTEEN OF THIS CHAPTER PURSUANT TO RULES OR REGULATIONS OF THE
PUBLIC  EMPLOYMENT  RELATIONS BOARD SHALL BE AS FOLLOWS ON THE EFFECTIVE
DATES INDICATED:
  (1) EFFECTIVE APRIL FIRST, TWO THOUSAND ELEVEN:
GRADE          HIRING RATE    JOB RATE
M/C 3          $22,547        $28,824
M/C 4          $23,542        $30,132
M/C 5          $24,955        $31,594
M/C 6          $26,014        $33,215
M/C 7          $27,514        $35,013
M/C 8          $29,024        $36,818
M/C 9          $30,682        $38,776
M/C 10         $32,335        $40,927
M/C 11         $34,296        $43,200
M/C 12         $36,106        $45,466
M/C 13         $38,208        $47,991
M/C 14         $40,477        $50,631
M/C 15         $42,729        $53,366
M/C 16         $45,138        $56,212
M/C 17         $47,698        $59,312
M/C 18         $47,952        $59,504
M/C 19         $50,524        $62,597
M/C 20         $53,099        $65,737
M/C 21         $55,963        $69,132
M/C 22         $58,971        $72,765
M/C 23         $61,993        $77,454
M 1            $66,914        $84,581
M 2            $74,210        $93,803
M 3            $82,363        $104,080
M 4            $91,096        $114,961
M 5            $101,149       $127,794
M 6            $111,992       $140,864
M 7            $123,446       $152,886
M 8            $104,082+
  (2) EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN:
GRADE          HIRING RATE    JOB RATE
M/C 3          $22,998        $29,400
M/C 4          $24,013        $30,735
M/C 5          $25,454        $32,226
M/C 6          $26,534        $33,879
M/C 7          $28,064        $35,713
M/C 8          $29,604        $37,554
M/C 9          $31,296        $39,552
M/C 10         $32,982        $41,746
M/C 11         $34,982        $44,064
M/C 12         $36,828        $46,375
M/C 13         $38,972        $48,951
M/C 14         $41,287        $51,644
M/C 15         $43,584        $54,433
M/C 16         $46,041        $57,336
M/C 17         $48,652        $60,498

S. 5846                            17                            A. 8513

M/C 18         $48,911        $60,694
M/C 19         $51,534        $63,849
M/C 20         $54,161        $67,052
M/C 21         $57,082        $70,515
M/C 22         $60,150        $74,220
M/C 23         $63,233        $79,003
M 1            $68,252        $86,273
M 2            $75,694        $95,679
M 3            $84,010        $106,162
M 4            $92,918        $117,260
M 5            $103,172       $130,350
M 6            $114,232       $143,681
M 7            $125,915       $155,944
M 8            $106,164+
  (3) EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN:
GRADE          HIRING RATE    JOB RATE
M/C 3          $23,458        $29,988
M/C 4          $24,493        $31,350
M/C 5          $25,963        $32,871
M/C 6          $27,065        $34,557
M/C 7          $28,625        $36,427
M/C 8          $30,196        $38,305
M/C 9          $31,922        $40,343
M/C 10         $33,642        $42,581
M/C 11         $35,682        $44,945
M/C 12         $37,565        $47,303
M/C 13         $39,751        $49,930
M/C 14         $42,113        $52,677
M/C 15         $44,456        $55,522
M/C 16         $46,962        $58,483
M/C 17         $49,625        $61,708
M/C 18         $49,889        $61,908
M/C 19         $52,565        $65,126
M/C 20         $55,244        $68,393
M/C 21         $58,224        $71,925
M/C 22         $61,353        $75,704
M/C 23         $64,498        $80,583
M 1            $69,617        $87,998
M 2            $77,208        $97,593
M 3            $85,690        $108,285
M 4            $94,776        $119,605
M 5            $105,235       $132,957
M 6            $116,517       $146,555
M 7            $128,433       $159,063
M 8            $108,287+
  S 2. Subdivision 1 of section 19 of the correction law is REPEALED and
a new subdivision 1 is added to read as follows:
  1.  THIS  SECTION SHALL APPLY TO EACH SUPERINTENDENT OF A CORRECTIONAL
FACILITY  APPOINTED  ON  OR  AFTER  AUGUST   NINTH,   NINETEEN   HUNDRED
SEVENTY-FIVE  AND  ANY SUPERINTENDENT HERETOFORE APPOINTED WHO ELECTS TO
BE COVERED BY THE PROVISIONS THEREOF BY FILING SUCH  ELECTION  WITH  THE
COMMISSIONER.
  A.  THE SALARY SCHEDULE FOR SUPERINTENDENTS OF A CORRECTIONAL FACILITY
WITH AN INMATE POPULATION CAPACITY OF FOUR HUNDRED OR MORE INMATES SHALL
BE AS FOLLOWS:
EFFECTIVE APRIL FIRST, TWO THOUSAND ELEVEN:

S. 5846                            18                            A. 8513

         HIRING RATE         JOB RATE
         $105,913            $144,535
EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN:
         HIRING RATE         JOB RATE
         $108,031            $147,426
EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN:
         HIRING RATE         JOB RATE
         $110,192            $150,375
  B.  THE SALARY SCHEDULE FOR SUPERINTENDENTS OF CORRECTIONAL FACILITIES
WITH AN INMATE POPULATION CAPACITY OF FEWER THAN  FOUR  HUNDRED  INMATES
SHALL BE AS FOLLOWS:
EFFECTIVE APRIL FIRST, TWO THOUSAND ELEVEN:
         HIRING RATE         JOB RATE
         $82,363             $104,081
EFFECTIVE APRIL FIRST, TWO THOUSAND FOURTEEN:
         HIRING RATE         JOB RATE
         $84,010             $106,163
EFFECTIVE APRIL FIRST, TWO THOUSAND FIFTEEN:
         HIRING RATE         JOB RATE
         $85,690             $108,286
  S  3.  Compensation  for  certain state officers and employees. 1. The
provisions of this section shall apply to the following full-time  state
officers and employees:
  (a)  officers  and employees whose positions are designated managerial
or confidential pursuant to article 14 of the civil service law;
  (b) civilian state employees of the division  of  military  and  naval
affairs  in  the executive department whose positions are not in, or are
excluded from representation rights  in,  any  recognized  or  certified
negotiating unit;
  (c)  officers  and employees excluded from representation rights under
article 14 of the civil service law pursuant to rules or regulations  of
the public employment relations board; and
  (d) officers and employees whose salaries are prescribed by section 19
of the correction law.
  2.  For  such  officers  and  employees  the following increases shall
apply:
  (a) Effective April 1, 2014, the basic annual salary of  officers  and
employees  to  whom  the  provisions  of this subdivision apply shall be
increased by two percent adjusted to the nearest whole dollar amount.
  (b) Effective April 1, 2015, the basic annual salary of  officers  and
employees  to  whom  the  provisions  of this subdivision apply shall be
increased by two percent adjusted to the nearest whole dollar amount.
  3. (a) Effective April 1, 2013, for officers and employees to whom the
provisions of this subdivision apply, a lump sum payment of  $775  shall
be  made  to  each employee in such units in full-time employment status
who was (i) active on the effective date of this act and (ii) in contin-
uous service, as defined by paragraph (c) of subdivision  3  of  section
130  of  the civil service law, from that date until April 1, 2013. Such
lump sum shall be considered salary for final average salary  retirement
purposes but shall not become part of basic annual salary. Notwithstand-
ing the foregoing provisions of this subdivision, officers and employees
who would have otherwise been eligible to receive such lump sum payment,
but who were not on the payroll on said April 1, 2013, shall be eligible
for  said  payment  if they return to full-time employment status during
the fiscal year 2013-2014 without a break in continuous service.

S. 5846                            19                            A. 8513

  (b) Effective April 1, 2014, for officers and employees  to  whom  the
provisions  of  this subdivision apply, a lump sum payment of $225 shall
be made to each employee in such units in  full-time  employment  status
who was (i) active on the effective date of this act and (ii) in contin-
uous  service,  as  defined by paragraph (c) of subdivision 3 of section
130 of the civil service law, from that date until April 1,  2013.  Such
lump  sum shall be considered salary for final average salary retirement
purposes but shall not become part of basic annual salary.
  4. If an unencumbered position is one that, if  encumbered,  would  be
subject  to  the provisions of this section, the salary of such position
shall be increased by the salary  increase  amounts  specified  in  this
section. If a position is created and is filled by the appointment of an
officer  or  employee  who is subject to the provisions of this section,
the salary otherwise provided for such position shall  be  increased  in
the  same manner as though such position had been in existence but unen-
cumbered.
  5. The increases in salary and the lump sum payment  payable  pursuant
to  this  section  shall  apply  on  a prorated basis in accordance with
guidelines issued by the director of the budget to officers and  employ-
ees  otherwise eligible to receive an increase in salary or the lump sum
payment pursuant to this act who are paid  on  an  hourly  or  per  diem
basis, employees serving on a part-time or seasonal basis, and employees
paid on any basis other than at an annual salary rate.
  6.  Notwithstanding  any  of the foregoing provisions of this section,
the provisions of this section shall not apply to the  following  except
as otherwise provided by law:
  (a) officers or employees paid on a fee schedule basis;
  (b) officers or employees whose salaries are prescribed by section 40,
60, or 169 of the executive law;
  (c)  officers or employees in collective negotiating units established
pursuant to article 14 of the civil service law.
  7. Officers and employees to whom the provisions of this section apply
who are incumbents of positions that are not allocated to salary  grades
specified  in  paragraph  d of subdivision 1 of section 130 of the civil
service law and whose salary is not  prescribed  in  any  other  statute
shall receive the salary increases and the lump sum payment specified in
subdivisions two and three of this section.
  8.  In  order  to  provide for the officers and employees to whom this
section applies who are  not  allocated  to  salary  grades  performance
advancements, merit awards, longevity payments and in lieu payments, and
special achievement awards in proportion to those provided to persons to
whom this section applies who are allocated to salary grades, the direc-
tor  of  the  budget is authorized to add appropriate adjustments to the
compensation that such officers and employees are otherwise entitled  to
receive.  The director of the budget shall issue certificates that shall
contain  schedules of positions and the salaries or payments thereof for
which adjustments or payments are made pursuant  to  the  provisions  of
this  subdivision,  and  a  copy of each such certificate shall be filed
with the state comptroller, the department of civil service, the  chair-
man  of  the  senate  finance committee and the chairman of the assembly
ways and means committee.
  9. Notwithstanding any of the foregoing provisions  of  this  section,
any  increase in compensation for any officer or employee appointed to a
lower graded position from a redeployment list pursuant to subdivision 1
of section 79 of the civil service law who continues to receive  his  or
her  former  salary  pursuant to such subdivision shall be determined on

S. 5846                            20                            A. 8513

the basis of such lower graded  position  provided,  however,  that  the
increases  in  salary  provided in subdivision two of this section shall
not cause such officer's or employee's salary to exceed the job rate  of
any such lower graded position at salary grade.
  10. Notwithstanding any of the foregoing provisions of this section or
of  any  law  to the contrary, the director of the budget may reduce the
salary of any position which is vacant or which becomes vacant, so  long
as  the  position,  if encumbered, would be subject to the provisions of
this section. The director of the budget does  not  need  to  provide  a
reason for such reduction.
  S  4.  Compensation  for  certain  state officers and employees in the
division of state police. 1. The provisions of this section shall  apply
to  officers  and employees whose salaries are provided for by paragraph
(a) of subdivision 1 of section 215 of the executive law.
  2. (a) Effective April 1, 2014, the basic annual  salary  of  officers
and  employees to whom the provisions of this subdivision apply shall be
increased by two percent adjusted to the nearest whole dollar amount.
  (b) Effective April 1, 2015, the basic annual salary of  officers  and
employees  to  whom  the  provisions  of this subdivision apply shall be
increased by two percent adjusted to the nearest whole dollar amount.
  3. (a) Effective April 1, 2013, for officers and employees to whom the
provisions of this subdivision apply, a lump sum payment of  $775  shall
be  made  to  each employee in such units in full-time employment status
who was (i) active on the effective date of this act and (ii) in contin-
uous service, as defined by paragraph (c) of subdivision  3  of  section
130  of  the civil service law, from that date until April 1, 2013. Such
lump sum shall be considered salary for final average salary  retirement
purposes.  Notwithstanding the foregoing provisions of this subdivision,
officers and employees who would have otherwise been eligible to receive
such  lump sum payment, but who were not on the payroll on said April 1,
2013, shall be eligible for said payment if  they  return  to  full-time
employment  status  during  the fiscal year 2013-2014 without a break in
continuous service.
  (b) Effective April 1, 2014, for officers and employees  to  whom  the
provisions  of  this subdivision apply, a lump sum payment of $225 shall
be made to each employee in such units in  full-time  employment  status
who was (i) active on the effective date of this act and (ii) in contin-
uous  service,  as  defined by paragraph (c) of subdivision 3 of section
130 of the civil service law, from that date until April 1,  2013.  Such
lump  sum shall be considered salary for final average salary retirement
purposes.
  4. The increases in salary and the lump sum payments payable  pursuant
to  this  section  shall  apply  on  a prorated basis in accordance with
guidelines issued by the director of the budget to officers and  employ-
ees  otherwise eligible to receive an increase in salary or the lump sum
payment pursuant to this act who are paid  on  an  hourly  or  per  diem
basis, employees serving on a part-time or seasonal basis, and employees
paid on any basis other than at an annual salary rate.
  5.  Notwithstanding  any  of the foregoing provisions of this section,
any increase in compensation for any officer or employee appointed to  a
lower graded position from a redeployment list pursuant to subdivision 1
of  section  79 of the civil service law who continues to receive his or
her former salary pursuant to such subdivision shall  be  determined  on
the  basis  of  such  lower  graded position provided, however, that the
increases in salary provided in subdivision two of  this  section  shall

S. 5846                            21                            A. 8513

not  cause such officer's or employee's salary to exceed the job rate of
any such lower graded position at salary grade.
  S  5. Compensation for certain state employees in the state university
and certain employees of contract colleges at Cornell and Alfred univer-
sities.
  1. Effective April 1, 2014 and April 1, 2015, the basic annual  salary
of  incumbents  of  positions  in  the professional service in the state
university that are designated, stipulated, or excluded from negotiating
units as managerial or confidential as defined pursuant to article 14 of
the civil service law, may be increased pursuant to  plans  approved  by
the  state  university trustees.   Such increases in basic annual salary
rates shall not exceed in the aggregate two percent of the  total  basic
annual  salary  rates in effect on March 31, 2014 and two percent of the
total basic annual salary rates in effect on March 31, 2015.
  2. Effective April 1, 2014 and April 1, 2015, the basic annual  salary
of  incumbents of positions in the institutions under the management and
control of Cornell and Alfred universities  as  representatives  of  the
board  of  trustees  of the state university that, in the opinion of the
director of employee relations, would be designated managerial or confi-
dential were they subject to article 14 of the civil service law may  be
increased  pursuant  to plans approved by the state university trustees.
Such increases in basic annual salary rates  shall  not  exceed  in  the
aggregate  two  percent of the total basic annual salary rates in effect
on March 31, 2014 and two percent of the total basic annual salary rates
in effect on March 31, 2015.
  3. (a) (i) Effective April 1, 2013, the state university trustees,  at
their  discretion, may provide to incumbents of positions in the profes-
sional service in the state university that are designated,  stipulated,
or  excluded  from  negotiating  units  as managerial or confidential as
defined pursuant to article 14 of the civil service  law,  who  was  (I)
active on the effective date of this act and (II) in continuous service,
as defined by paragraph (c) of subdivision 3 of section 130 of the civil
service  law,  from  that date until April 1, 2013, a non-recurring lump
sum payment in an amount not to exceed $775.
  (ii) Effective April 1, 2014, the state university trustees, at  their
discretion,  may  provide to incumbents of positions in the professional
service in the state university  that  are  designated,  stipulated,  or
excluded from negotiating units as managerial or confidential as defined
pursuant  to  article 14 of the civil service law, who was (I) active on
the effective date of this  act  and  (II)  in  continuous  service,  as
defined  by  paragraph  (c) of subdivision 3 of section 130 of the civil
service law, from that date until April 1, 2013,  a  non-recurring  lump
sum payment in an amount not to exceed $225.
  (iii)  Payments  provided  in this subdivision shall be in addition to
and shall not be a part of the employee's basic annual salary, provided,
however, that any amounts payable pursuant to this subdivision shall  be
included as compensation for retirement purposes.
  (b)  (i)  Effective April 1, 2013, Cornell and Alfred universities may
provide to incumbents of positions in the institutions under the manage-
ment and control of Cornell and Alfred universities  as  representatives
of the board of trustees of the state university that, in the opinion of
the  director  of  employee relations, would be designated managerial or
confidential were they subject to article 14 of the civil  service  law,
who are (I) active on the effective date of this act and (II) in contin-
uous  service,  as  defined by paragraph (c) of subdivision 3 of section
130 of the civil service law, from that date  until  April  1,  2013,  a

S. 5846                            22                            A. 8513

non-recurring  lump  sum  payment  in  an amount not to exceed $775, for
distribution in whole or in part by Cornell and Alfred universities,  in
their discretion, with the approval of the state university trustees.
  (ii)  Effective  April  1,  2014,  Cornell and Alfred universities may
provide to incumbents of positions in the institutions under the manage-
ment and control of Cornell and Alfred universities  as  representatives
of the board of trustees of the state university that, in the opinion of
the  director  of  employee relations, would be designated managerial or
confidential were they subject to article 14 of the civil  service  law,
who are (I) active on the effective date of this act and (II) in contin-
uous  service,  as  defined by paragraph (c) of subdivision 3 of section
130 of the civil service law, from that date  until  April  1,  2013,  a
non-recurring  lump  sum  payment  in  an amount not to exceed $225, for
distribution in whole or in part by Cornell and Alfred universities,  in
their discretion, with the approval of the state university trustees.
  (iii)  Payments  provided  in this subdivision shall be in addition to
and shall not be a part of the employee's basic annual salary, provided,
however, that any amounts payable pursuant to this subdivision shall  be
included as compensation for retirement purposes.
  4.  During  the period April 1, 2014 through March 31, 2016, the basic
annual salary of incumbents of positions in the non-professional service
that, in the opinion of the director of  employee  relations,  would  be
designated managerial or confidential were they subject to article 14 of
the civil service law, except those positions in the Cornell service and
maintenance  unit that are subject to the terms of a collective bargain-
ing agreement between Cornell university and the  employee  organization
representing  employees  in such positions and except those positions in
the Alfred service and maintenance unit that are subject to the terms of
a collective bargaining agreement  between  Alfred  university  and  the
employee  organization  representing  employees  in  such  positions, in
institutions under the management and  control  of  Cornell  and  Alfred
universities  as  representatives  of the board of trustees of the state
university may be increased pursuant to  plans  approved  by  the  state
university  trustees.  Such plans may include new salary schedules which
shall supersede the salary schedules then in effect applicable  to  such
employees.  Such plans shall provide for increases in basic annual sala-
ries, which, exclusive of  performance  advancement  payments  or  merit
recognition  payments,  shall not exceed in the aggregate two percent of
the total basic annual salary rates in effect on March 31, 2014 and  two
percent  of  the  total basic annual salary rates in effect on March 31,
2015.
  5. For the purposes of this section, the basic  annual  salary  of  an
employee is that salary that is obtained through direct appropriation of
state moneys for the purpose of paying wages. Nothing in this part shall
prevent  increasing  amounts paid to incumbents of such positions in the
professional service in addition to the basic annual  salary,  provided,
however,  that  the  amounts  required for such increase and the cost of
fringe benefits attributable to such  increase,  as  determined  by  the
comptroller,  are  made  available  to  the state in accordance with the
procedures established by the state university, with the approval of the
director of the budget, for such purposes.
  S 6. Location compensation for certain state officers and employees.
  1. This section shall apply to all  full-time  annual  salaried  state
officers  and  employees and non annual salaried seasonal state officers
and employees except the following:

S. 5846                            23                            A. 8513

  (a) officers and employees  of  the  legislature  and  the  judiciary,
including  officers and employees of boards, bodies and commissions that
are deemed to be part of the legislature or judiciary for  the  purposes
of section 49 of the state finance law;
  (b)  officers and employees whose salaries are prescribed by or deter-
mined in accordance with section 40, 60, 169, 215, or 216 of the  execu-
tive law;
  (c)  incumbents  of  allocated or unallocated positions in the profes-
sional service in the state university and  in  institutions  under  the
management  and  control of Cornell and Alfred universities as represen-
tatives of the board of trustees of the state university;
  (d) officers and employees who are in recognized or certified  collec-
tive negotiating units pursuant to article 14 of the civil service law.
  2.  Notwithstanding the provisions of section 15 of chapter 333 of the
laws of 1969, as amended, officers and employees subject to this section
whose principal place of employment or, in the case of field  employees,
whose  official station as determined in accordance with the regulations
of the comptroller is located:
  (a) in the county of Monroe and who were eligible to receive  location
pay  on  March  31,  1985, shall receive location pay at the rate of two
hundred dollars per year provided they continue to be  otherwise  eligi-
ble.
  (b)  in  the city of New York, or in the county of Rockland, Westches-
ter, Nassau, or Suffolk shall continue to receive a downstate adjustment
at the rate of three thousand twenty-six dollars  effective  October  1,
2008.
  (c)  in  the  county  of Dutchess, Orange, or Putnam shall continue to
receive a mid-Hudson adjustment at the rate of one thousand five hundred
thirteen dollars effective October 1,  2008.    Such  location  payments
shall  be  in addition to and shall not be a part of an employee's basic
annual salary, and shall not affect or impair any advancements or  other
rights  or  benefits  to  which  an  employee  may  be  entitled by law,
provided, however, that location payments shall be included  as  compen-
sation  for  purposes  of computation of overtime pay and for retirement
purposes. For the sole purpose of continuing  eligibility  for  location
pay  in  Monroe  county,  an  employee  previously  eligible  to receive
location pay on March 31, 1985 who is on an approved leave of absence or
participates in an employer  program  to  reduce  to  part-time  service
during summer months shall continue to be eligible for said location pay
upon return to full-time state service in Monroe county.
  S  7.  Continuation  of location compensation for certain officers and
employees of  the  Hudson  Valley  developmental  disabilities  services
office.  1. Notwithstanding any law, rule or regulation to the contrary,
any officer or employee of the Hudson Valley developmental  disabilities
services  office  not represented in collective negotiating units estab-
lished pursuant to article 14 of the civil service law who is  receiving
location  pay  pursuant  to section 5 of chapter 174 of the laws of 1993
shall continue to receive such location pay under the conditions and  at
the rates specified by such section.
  2. Notwithstanding section seven 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 not represented in collective
negotiating  units  established  pursuant  to  article  14  of the civil
service law who is receiving location pay pursuant to said section seven
of this act shall continue to be eligible for such location pay if  such
officer's  or  employee's  principal place of employment is changed to a

S. 5846                            24                            A. 8513

location outside of the county of Rockland as the result of a  reduction
or  redeployment  of  staff,  provided,  however,  that  such officer or
employee is reassigned to  or  otherwise  appointed  or  promoted  to  a
different  position  at  another work location within such Hudson Valley
developmental disabilities services office located outside of the county
of Rockland. The rate of such continued location pay  shall  not  exceed
the rate such officer or employee is receiving on the date of such reas-
signment, appointment, or promotion.
  S  8.  Overtime meal allowance. Notwithstanding any other provision of
law to the contrary, individuals in positions in the classified  service
of  the state of New York designated managerial or confidential pursuant
to article 14 of the civil  service  law,  shall  continue  to  receive,
effective  April  1,  2011,  an overtime meal allowance in the amount of
$5.50 pursuant to eligibility guidelines developed by  the  director  of
employee relations.
  S  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 settlements and awards pursuant to executive order
42, dated October 14, 1970, and title 9, part 560, official  compilation
of codes, rules and regulations of the state of New York.
  S  10. Use of appropriations. The comptroller is authorized to pay any
amounts required during the fiscal years commencing April 1, 2011 by the
foregoing provisions of this act for any state department or agency from
any appropriation or other funds available to such state  department  or
agency  for  personal  service  or  for  other related employee benefits
during such fiscal year. To the extent that such appropriations  in  any
fund  are  insufficient to accomplish the purposes herein set forth, the
director of the budget is authorized to allocate to the various  depart-
ments  and  agencies, from any appropriations available in any fund, the
amounts necessary to pay such amounts.
  S 11. Effect of participation in special annuity program.  No  officer
or  employee  participating in a special annuity program pursuant to the
provision of article 8-C of the education law shall,  by  reason  of  an
increase  in  compensation pursuant to this act, suffer any reduction of
the salary adjustment to which that employee would otherwise be entitled
by reason of participation in such program, and such  salary  adjustment
shall  be  based  upon  the  salary  of such officer or employee without
regard to the reduction authorized by such article.
  S 12. Date of entitlement  to  salary  increase.  Notwithstanding  the
provisions  of  this  act or of any other law, the increase in salary or
compensation of any officer or employee provided by this  act  shall  be
added  to  the salary or compensation of such officer or employee at the
beginning of that payroll period the first day of which  is  nearest  to
the  effective  date of such 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 deter-
mining the salary of such officer  or  employee  upon  reclassification,
reallocation,  appointment, promotion, transfer, demotion, reinstatement
or other change of status, such salary increase shall be  deemed  to  be
effective on the date thereof as prescribed in this act, and the payment
thereof  pursuant to this section on a date prior thereto, instead of on
such effective date, shall not operate to confer any  additional  salary
rights or benefits on such officer or employee.
  S  13.  1. Notwithstanding the provisions of any other section of this
act or any other provision of law  to  the  contrary,  any  increase  in

S. 5846                            25                            A. 8513

compensation, including any lump sum payment, provided: (a) in this act,
or  (b)  as  a  result  of a promotion, appointment, or advancement to a
position in a higher salary grade, or (c) pursuant to paragraph  (c)  of
subdivision  6  of section 131 of the civil service law, or (d) pursuant
to paragraph (b) of subdivision 8 of section 130 of  the  civil  service
law,  or (e) pursuant to paragraph (a) of subdivision 3 of section 13 of
chapter 732 of the laws of 1988, as amended, may be withheld in whole or
in part from any officer or employee when, in the opinion of the  direc-
tor  of  the  budget,  such  withholding is necessary to reflect the job
performance of such officer or  employee,  or  to  maintain  appropriate
salary  relationships  among  officers  or employees of the state, or to
reduce state expenditures to acceptable levels or when, in  the  opinion
of  the director of the budget, such increase is not warranted or is not
appropriate.
  2. Notwithstanding the provisions of any other section  of  this  act,
the  salary  increases  and  lump  sum payments provided for in this act
shall not be implemented until  the  director  of  the  budget  delivers
notice to the comptroller that such amounts may be paid.
  3.  Notwithstanding the provisions of any other section of this act or
any other provisions of law, for state officers  and  employees  in  the
executive  branch who are in positions which are not in collective nego-
tiating units, the director of the budget shall have  the  authority  to
devise  and  implement  a plan to reduce the basic annual salary, hourly
rate or per diem of any such employee for  the  time  and  by  the  rate
established  by  such  plan  for the time period specified in such plan.
Such plan shall contain salary schedules appropriate for  the  plan  and
such  other  provisions  necessary  for the implementation and continued
execution of the plan for the period established by the plan. After  the
cessation  of  such plan, the salary, rate or per diem shall be restored
to the amount in effect immediately  before  the  commencement  of  such
plan.
  S 14. 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, 2011 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. 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 chairman of the senate finance committee and the chair-
man of the assembly ways and means committee.

                   ALL STATE DEPARTMENTS AND AGENCIES
                            SPECIAL PAY BILLS

  General Fund / State Operations
  State Purposes Account - 003

S. 5846                            26                            A. 8513

                    Nonpersonal Service

Family benefits  ................................  310,000
Medical flexible spending account  ............... 500,000
Pre-tax transportation benefit ................... 550,000
Management training ............................ 1,018,000
Uniform allowance ................................ 245,000
Tuition reimbursement ............................ 250,000
M/C share of negotiated programs ................. 570,000

  S  15.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2011. Appropri-
ations made by this act shall  remain  in  full  force  and  effect  for
liabilities incurred through March 31, 2012.
  REPEAL NOTE.--Paragraph d of subdivision 1 of section 130 of the civil
service law, repealed by section one of this act, provided salary sched-
ules for state employees designated managerial and confidential pursuant
to article 14 of the civil service law and is replaced by revised salary
schedules in a new paragraph d.
  Subdivision 1 of section 19 of the correction law, repealed by section
two  of  this  act,  provided  salary  schedules  for superintendents of
correctional facilities and is replaced by revised salary schedules in a
new subdivision 1.
  S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part contained  in  any  part  of  this  act  shall  be
adjudged  by  any  court  of  competent jurisdiction to be invalid, such
judgment shall not affect, impair, or invalidate the remainder  thereof,
but  shall  be  confined in its operation to the clause, sentence, para-
graph, subdivision, section  or  part  contained  in  any  part  thereof
directly involved in the controversy which such judgment shall have been
rendered. It is hereby declared to be the intent of the legislature that
this act would have been enacted even if such invalid provisions had not
been included herein.
  S  3.  This  act shall take effect immediately provided, however, that
the applicable effective date for Parts A through B of this act shall be
as specifically set forth in the last section of such Part.

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