A. 8030 2
the state university of New York at Binghamton, the colleges of technol-
ogy and the agriculture and technology colleges heretofore specifically
identified by the department of audit and control, for the purpose of
establishing the effective date of eligibility for salary increases
shall be granted said salary increase commencing the first day of the
payroll period closest to July 1, 2014. Notwithstanding the above, for
employees having an academic year professional obligation and who are in
a 21 pay period status, for the purpose of establishing the effective
date of eligibility for salary increase, shall be granted said salary
increase effective August 14, 2014.
2. The basic annual salaries as of June 30, 2015, of incumbents of
positions in the professional service in the state university in the
professional services unit, other than positions described in subdivi-
sion 11 of this section, shall be increased by 2 percent, adjusted to
the nearest whole dollar amount (a) commencing the first day of the
payroll period closest to July 1, 2015, for employees having a calendar
year or college year professional obligation, or (b) commencing the
first day of the payroll period closest to September 1, 2015, for
employees having an academic year professional obligation, except that
certain incumbents at the state university of New York at Binghamton,
the colleges of technology and the agriculture and technology colleges
heretofore specifically identified by the department of audit and
control for the purpose of establishing the effective date of eligibil-
ity for salary increases, shall be granted said salary increase commenc-
ing the first day of the payroll period closest to July 1, 2015.
Notwithstanding the above provisions of this subdivision, employees
having an academic year professional obligation and who are in a 21 pay
period status, for the purpose of establishing the effective date of
eligibility for salary increases, shall be granted said salary increase
effective August 13, 2015.
3. Notwithstanding the provisions of subdivisions 1 or 2 of this
section, an employee in service on April 30 of 2014 or 2015, whose
employment expired prior to July 1 of either such year and who would
have been eligible for the salary increase provided for in subdivision 1
or 2 of this section if the employee's employment had continued through
July 1 of that year, shall be eligible for the salary increase provided
for in subdivision 1 or 2 of this section if the employee is reemployed
in an equivalent position for at least one semester or the equivalent of
the twelve-month period commencing on July 1 of such year.
4. Notwithstanding the provisions of subdivisions 1 or 2 of this
section, an employee in service during a portion of the twelve-month
period commencing on July 1 of 2014 or 2015, for at least one semester
or the equivalent, but whose employment expired prior to July 1 of the
following year, shall be eligible for the salary increase provided for
such year in subdivision 1 or 2 of this section if the employee is reem-
ployed in an equivalent position for at least one semester or the equiv-
alent of the twelve-month period commencing on July 1 of such following
year.
5. The provisions of this subdivision shall apply to incumbents of
positions in the professional services unit, other than positions
described in subdivision eleven of this section. (a) For each of the
years 2013, 2014 and 2015, there shall be available an amount equal to
one-half of 1 percent (0.5%) of the total of the basic annual salaries
on June 30 of each such year of incumbents to whom the provisions of
this subdivision apply, for distribution to such incumbents as one-time
A. 8030 3
lump sum bonus payments made by the state university trustees in their
discretion.
(b) For the year 2016, there shall be available an amount equal to 1
percent (1.0%) of the total of the basic annual salaries on June 30 of
such year of incumbents to whom the provisions of this subdivision
apply, for distribution to such incumbents as one-time lump sum bonus
payments made by the state university trustees in their discretion.
(c) Such lump sum payments as described in paragraphs (a) and (b) of
this subdivision shall be made to incumbents on the payroll on June 30
of each year and at the time of payment and shall occur not later than
December 31 of each year. Such lump sum payments shall be in addition to
and shall not be a part of an employee's basic annual salary, provided,
however, that such payments shall be included as compensation for
retirement purposes. The total of the basic annual salaries on June 30
shall include the total salaries of part-time faculty employees in
service on April 30 of that year, but whose employment expires prior to
July 1 of such year. If the part-time faculty employee is reemployed
prior to the distribution of the pool, the employee will be eligible for
a discretionary increase at the discretion of the state university trus-
tees.
6. Chancellor's power of SUNY performance incentive payment. The
provisions of this subdivision shall apply to incumbents of positions in
the professional services unit, other than positions described in subdi-
vision 11 of this section. (a) Pursuant to the terms of the agreement,
effective July 1, 2013, there shall be a chancellor's power of SUNY
performance incentive payment in the amount of 500 dollars added to the
basic annual salary of eligible incumbents as of June 30, 2013 at the
discretion of the chancellor. Such payment shall occur not later than
December 31, 2013 and shall be retroactive to incumbents on the payroll
effective July 1, 2013 or September 1, 2013, as appropriate to profes-
sional obligation, and who are active on the payroll at the time of
payment. Incumbents who worked at least one semester during the twelve-
month period commencing July 1, 2012 and whose employment expires prior
to July 1, 2013 shall be eligible for the payment if they are reemployed
and active on the payroll on the effective date of the payment. In addi-
tion, pursuant to the terms of the agreement, this payment shall be
pro-rated for eligible part-time employees based on a formula to be
agreed to by the state and the employee organization representing
members of the professional services unit.
(b) Pursuant to the terms of the agreement, effective July 1, 2014,
there shall be a chancellor's power of SUNY performance incentive
payment in the amount of 250 dollars added to the basic annual salary of
eligible incumbents as of June 30, 2014 at the discretion of the chan-
cellor. Such payment shall occur not later than December 31, 2014 and
shall be retroactive to incumbents on the payroll effective July 1, 2014
or September 1, 2014, as appropriate to professional obligation, and who
are active on the payroll at the time of payment. Incumbents who worked
at least one semester during the twelve-month period commencing July 1,
2013 and whose employment expires prior to July 1, 2014 shall be eligi-
ble for the payment if they are reemployed and active on the payroll on
the effective date of the payment. In addition, pursuant to the terms of
the agreement, this payment shall be pro-rated for eligible part-time
employees based on a formula to be agreed to by the state and the
employee organization representing members of the professional services
unit.
A. 8030 4
(c) Pursuant to the terms of the agreement, effective July 1, 2015,
there shall be a chancellor's power of SUNY performance incentive
payment in the amount of 500 dollars added to the basic annual salary of
eligible incumbents as of June 30, 2015 at the discretion of the chan-
cellor. Such payment shall occur not later than December 31, 2015 and
shall be retroactive to incumbents on the payroll effective July 1, 2015
or September 1, 2015, as appropriate to professional obligation, and who
are active on the payroll at the time of payment. Incumbents who worked
at least one semester during the twelve-month period commencing July 1,
2014 and whose employment expires prior to July 1, 2015 shall be eligi-
ble for the payment if they are reemployed and active on the payroll on
the effective date of the payment. In addition, pursuant to the terms of
the agreement, this payment shall be pro-rated for eligible part-time
employees based on a formula to be agreed to by the state and the
employee organization representing members of the professional services
unit.
7. Location compensation of certain incumbents in positions in the
professional service of the state university. (a) Employees in positions
in the professional services unit who are full-time employees and whose
work station is: (i) in the city of New York, or in the county of
Suffolk, Nassau, Rockland or Westchester, shall continue to be entitled
to location pay at the annual rate of 3,026 dollars effective January 1,
2009, or (ii) in the county of Dutchess, Putnam or Orange shall continue
to be entitled to location pay at the annual rate of 1,513 dollars
effective January 1, 2009.
(b) Payments made under paragraph (a) of this subdivision shall be
paid biweekly and shall be in addition to and not part of the basic
annual salary of such employees, provided, however, that any amount
payable pursuant to this subdivision shall be included as compensation
for retirement purposes.
(c) Notwithstanding the provisions of paragraph (a) of this subdivi-
sion, a full-time employee on an authorized leave of absence who is
receiving a part-time salary, but who would have been otherwise eligible
for the location compensation set forth in paragraph (a) of this subdi-
vision, shall be eligible for such location compensation, on a pro-rated
basis, and shall be paid the appropriately pro-rated amount of the
location compensation, which pro-rated amount shall be consistent with
the part-time salary of that employee.
8. (a) Pursuant to the terms of the agreement, full-time employees in
the professional services unit who have been granted permanent or
continuing appointment at the campus at which they currently are
employed, effective on or after July 2, 2011 and on or before January 1,
2013, or full-time employees who have been granted a second five-year
term appointment at the campus at which they are currently employed
under Article XI, Title A of the policies of the board of trustees of
the state university of New York, effective on or after July 2, 2011 and
on or before January 1, 2013, or employees who have completed seven
consecutive years of full-time service in Appendix C of the agreement,
Lecturer, or Appendix B of the agreement, Section 4 - Division III
Sports, effective on or before January 1, 2013, shall receive a one-time
advance to basic annual salary of 500 dollars. Such advance shall be
effective on January 1, 2013, shall be made as soon as practicable, and
shall be added to and become part of such employee's basic annual sala-
ry. Eligible employees who receive such appointments after January 1,
2013 shall also receive such advance to basic annual salary of 500
dollars, to occur as soon as practicable thereafter.
A. 8030 5
(b) Pursuant to the terms of the agreement, part-time employees in the
professional services unit who have completed at least eight years of
consecutive service at the campus at which they are currently employed
on or after July 2, 2011, shall receive a lump sum payment in the amount
of 500 dollars. Such payment shall be made as soon as practicable there-
after, and shall be in addition to and shall not be a part of an employ-
ee's basic annual salary, provided, however, that such payment shall be
included as compensation for retirement purposes. Pursuant to the terms
of the agreement, part-time employees are eligible to receive this
payment every eight years thereafter of consecutive service at the
campus at which they are currently employed. In no event shall a part-
time employee be eligible for a service award, as described in this
paragraph, more than once every eight years.
9. Minimum basic annual salary. (a) This subdivision shall apply to
employees in the professional services unit, except those who are not
paid on the basis of a basic annual salary.
(b) The basic annual salary minimums as of June 30, 2014, as provided
for in the agreement, shall be increased by 2 percent, adjusted to the
nearest whole dollar amount, on the dates of the salary increase
provided for in subdivision 1 of this section.
(c) The basic annual salary minimums as of June 30, 2015, as provided
for in the agreement, shall be increased by 2 percent, adjusted to the
nearest whole dollar amount, on the dates of the salary increase
provided for in subdivision 2 of this section.
(d) A part-time employee who is paid on the basis of a pro-rated basic
annual salary and who, if employed on a full-time basis, would be eligi-
ble to be paid a minimum basic annual salary, shall be paid a minimum
basic annual salary which shall be the appropriately pro-rated amount of
the minimum basic annual salary that would have been paid to the employ-
ee had the employee been employed on a full-time basis.
(e) Notwithstanding the provisions of subdivision 1 of this section,
incumbents to whom the provisions of subdivisions 1 and 2 of this
section apply and who are in employment status on July 1, 2014, shall
receive not less than the minimum basic annual salary in force on July
1, 2014, as provided for in the agreement, for the rank or grade in
which such incumbent serves.
(f) An incumbent promoted on or after the effective dates, appropriate
to the incumbent's professional obligation or the incumbent's date of
eligibility for salary increases, of the salary increases provided for
in subdivisions 1 and 2 of this section shall receive not less than the
minimum basic annual salary provided for in the agreement for the rank
or grade to which the incumbent has been promoted.
(g) An employee hired on or after the effective dates, appropriate to
the employee's professional obligation or the employee's date of eligi-
bility for salary increases, of the salary increases provided for in
subdivisions 1 and 2 of this section shall receive not less than the
minimum basic annual salary for the employee's rank or grade provided
for in the agreement on the date the employee is placed in payroll
status.
10. The increases in salary payable pursuant to subdivisions 1 and 2
of this section shall apply on a pro-rated basis to incumbents otherwise
eligible to receive an increase in salary pursuant to this section, who
are paid on an hourly or per diem basis, or who serve on a part-time
basis or who are paid on any basis other than at an annual salary rate.
11. Notwithstanding any of the provisions of this section, the salary
increases or payments provided by this section shall not apply to
A. 8030 6
employees deemed to be casual employees pursuant to the resolution of
clarification petition CP 751 brought against the state by the employee
organization representing the professional services unit; to extra
service compensation; to summer session compensation; or to compensation
derived from clinical practice plan arrangements; nor shall anything in
this section be deemed to provide any adjustment in salary or other
compensation of any person holding a chair established pursuant to
section 239 of the education law.
12. Inconvenience pay. Pursuant to the terms of the agreement, effec-
tive July 2, 2011, an eligible employee, as provided for in the agree-
ment, shall continue to be paid 575 dollars per year for working 4 or
more hours between the hours of 6:00 p.m. and 6:00 a.m.
13. Basic annual salary. For the purposes of this section, basic annu-
al salary is the amount of annual compensation payable to an employee
for the performance of the employee's professional obligation, as such
obligation is set forth in Title H, Article XI, of the policies of the
board of trustees of the state university of New York, from state monies
appropriated for such purpose. Nothing herein shall prevent increasing
amounts paid to incumbents of positions of the professional service in
the professional services unit in addition to the basic annual salary,
provided however, that the amounts required for such other increases and
the cost of fringe benefits attributable to such other increases, as
determined by the comptroller, are made available to the state in
accordance with procedures established by the state university; provided
that the state university shall annually submit a report to the director
of the budget specifying aggregate amounts by campus, sources and
expenditure of such funds as payment for such increases.
14. Notwithstanding any of the foregoing provisions of this section,
any increase in compensation may be withheld in whole or in part from
any employee to whom the provisions of this section are applicable when,
in the opinion of the chancellor of the state university of New York and
the director of employee relations, such increase is not warranted or is
not appropriate.
S 3. Compensation for certain state employees in the state university
that are designated, stipulated, or excluded from negotiating units as
managerial or confidential pursuant to article 14 of the civil service
law and certain employees of contract colleges at Cornell and Alfred
Universities. 1. The provisions of this subdivision shall apply only to
incumbents of positions in bargaining unit 13 in the professional
service of the state university that are designated, stipulated, or
excluded from negotiating units as managerial or confidential pursuant
to article 14 of the civil service law.
(a) For each of the years 2013, 2014 and 2015, there shall be avail-
able an amount equal to one-half of 1 percent (0.5%) of the total of the
basic annual salaries on June 30 of each such year of incumbents to whom
the provisions of this subdivision apply, for distribution, in whole or
in part, to such incumbents as one-time lump sum bonus payments by the
state university trustees, in their discretion, and subject to the
approval of the chancellor.
(b) For the year 2016, there shall be available an amount equal to 1
percent (1.0%) of the total of the basic annual salaries on June 30 of
such year of incumbents to whom the provisions of this subdivision
apply, for distribution, in whole or in part, to such incumbents as
one-time lump sum bonus payments by the state university trustees, in
their discretion, and subject to the approval of the chancellor.
A. 8030 7
(c) If approved, such lump sum payments as described in paragraphs (a)
and (b) shall be made to incumbents on the payroll on June 30 of each
year and who are on the payroll at the time of payment. Such payment
shall occur not later than December 31 of each year. Such lump sum
payments shall be in addition to and shall not be a part of an employ-
ee's basic annual salary, provided, however, that such payments shall be
included as compensation for retirement purposes.
2. Chancellor's power of SUNY performance incentive payment. The
provisions of this subdivision shall apply only to incumbents of posi-
tions in bargaining unit 13 in the professional service of the state
university that are designated, stipulated, or excluded from negotiating
units as managerial or confidential pursuant to article 14 of the civil
service law.
(a) Subject to the approval of the chancellor, effective July 1, 2013,
there shall be a chancellor's power of SUNY performance incentive
payment in the amount of 500 dollars added to the basic annual salary of
eligible incumbents on the payroll as of June 30, 2013 and who are on
the payroll at the time of payment. Such payment shall occur not later
than December 31, 2013. Subject to the approval of the chancellor, this
payment shall be pro-rated for eligible part-time employees based on a
formula established by the chancellor.
(b) Subject to the approval of the chancellor, effective July 1, 2014,
there shall be a chancellor's power of SUNY performance incentive
payment in the amount of 250 dollars added to the basic annual salary of
eligible incumbents on the payroll as of June 30, 2014 and who are on
the payroll at the time of payment. Such payment shall occur not later
than December 31, 2014. Subject to the approval of the chancellor, this
payment shall be pro-rated for eligible part-time employees based on a
formula established by the chancellor.
(c) Subject to the approval of the chancellor, effective July 1, 2015,
there shall be a chancellor's power of SUNY performance incentive
payment in the amount of 500 dollars added to the basic annual salary of
eligible incumbents as of June 30, 2015 and who are on the payroll at
the time of payment. Such payment shall occur not later than December
31, 2015. Subject to the approval of the chancellor, this payment shall
be pro-rated for eligible part-time employees based on a formula estab-
lished by the chancellor.
3. The compensation increases in subdivisions 1 and 2 of this section
may also be provided by Cornell and Alfred Universities, within the
appropriations available therefor, at their discretion, and with the
approval of the state university trustees, to incumbents of positions in
the institutions under the management of Cornell and Alfred Universities
as representative of the board of trustees of the state university that,
in the opinion of the director of employee relations, would be desig-
nated managerial or confidential were they subject to article 14 of the
civil service law.
4. The salary increases provided for by this section shall not be
implemented until the director of employee relations has delivered, to
the director of the budget and the comptroller, a certificate that there
is in effect a collectively negotiated agreement between the state and
state employees in the professional services unit pursuant to article 14
of the civil service law, and ratified pursuant to the ratification
procedure of the employee organization.
S 4. Recall compensation for certain state officers and employees
within the professional services unit. 1. Notwithstanding any provision
of law to the contrary and to the extent that the agreement so provides,
A. 8030 8
full-time professional employees (a) as defined by the policies of the
board of trustees of the state university of New York within the profes-
sional services unit, who provide patient care services on a full-time
basis in the areas of a hospital or clinic specified in the agreement,
and who are eligible to accrue overtime credits, or (b) who are specif-
ically identified by the college president as subject to recall, shall
be considered to have worked a minimum of 4 hours each time they are
recalled to work overtime after having completed their scheduled work
period and left their scheduled work station. In the event any such
eligible employee works in excess of 4 hours upon such recall, such
employee shall receive overtime compensation for the hours actually
worked. To the extent that the agreement so provides, any such full-time
professional employee identified in paragraph (a) of this subdivision
who is not eligible to accrue overtime credits but who is deemed eligi-
ble to receive recall compensation in accordance with the terms of the
agreement shall receive additional compensation at the rate of one and
one-half times the regular hourly rate of compensation for time actually
worked when such professional employee is recalled to work after having
completed the scheduled work period and left the scheduled work station,
but, in no case, shall such professional employee receive less than 4
hours of additional compensation upon recall.
2. In addition to eligible full-time professional employees as set
forth in subdivision 1 of this section, notwithstanding any provision of
law to the contrary and to the extent that the agreement so provides,
employees in positions at the campus specifically designated by the
college president, in accordance with the terms of the agreement, as
eligible for recall compensation, shall be considered to have worked a
minimum of 4 hours each time they are recalled to work overtime after
having completed their scheduled work period and left their scheduled
work station. In the event any such eligible employee works in excess of
4 hours upon such recall, such employee shall receive overtime compen-
sation for the hours actually worked.
3. Any employee eligible to receive compensation pursuant to this
section who is recalled to work more than once during a period of 4
hours commencing with the onset of the initial recall will not be eligi-
ble for more than 4 hours of compensation in any form unless more than 4
hours is actually worked. Any compensation paid pursuant to this section
shall be in addition to and not part of such employee's basic annual
salary, provided however, that any amounts payable pursuant to this
section shall be included as compensation for retirement purposes.
S 5. On-call compensation for certain state officers and employees in
the professional services negotiating unit of the state university.
Notwithstanding any provision of law to the contrary, any full-time
professional employee or other employee eligible to receive compensation
pursuant to section four of this act, who is required to be available
for immediate recall and who must be prepared to return to duty within a
limited period of time, may be granted additional compensation for each
day such employee is actually scheduled to remain and remains available
for recall. Such additional compensation shall be paid at a rate estab-
lished pursuant to the agreement. Such compensation shall be in addition
to and not part of such employee's basic annual salary, provided howev-
er, that any amount payable pursuant to this section shall be included
as compensation for retirement purposes.
S 6. Health insurance coverage for part-time employees in the profes-
sional services negotiating unit of the state university. Notwithstand-
ing any provision of law to the contrary, any employee serving in a
A. 8030 9
position within the professional services negotiating unit of the state
university who serves on a part-time basis and is otherwise ineligible
to receive health insurance coverage may participate in the state health
insurance program provided that such part-time employee pays the full
premium cost for the coverage provided by such health insurance program.
S 7. Statewide joint labor-management committees for certain state
officers and employees. 1. During the period July 2, 2013 through July
1, 2016, there shall be a statewide joint labor-management committee
continued and administered pursuant to the terms of the agreement, which
shall have the responsibility for studying and making recommendations
concerning the major issues of professional development and implementing
such agreements which may be entered into between the state and the
employee organization concerning such matters.
2. During the period July 2, 2013 through July 1, 2016, there shall be
a statewide joint labor-management committee continued and administered
pursuant to the terms of the agreement, which shall have the responsi-
bility for studying and making recommendations concerning employment
related issues as required by provisions of the agreement and adminis-
tering the continuity of employment fund subject to the approval of the
state and the employee organization.
3. During the period July 2, 2013 through July 1, 2016, there shall be
a statewide joint labor-management committee continued and administered
pursuant to the terms of the agreement, which shall have the responsi-
bility for studying and making recommendations concerning issues of
safety in the workplace and implementing such agreements which may be
entered into between the state and the employee organization concerning
such matters.
4. During the period July 2, 2013 through July 1, 2016, there shall be
a statewide joint labor-management committee continued and administered
pursuant to the terms of the agreement, which shall have the responsi-
bility for studying and making recommendations concerning matters of
mutual interest in the areas of equal employment and affirmative action
concerning minorities, women, persons with disabilities and military
status and implementing such agreements which may be entered into
between the state and the employee organization concerning such matters.
5. During the period July 2, 2013 through July 1, 2016, there shall be
a statewide joint labor-management committee continued and administered
pursuant to the terms of the agreement, which shall have the responsi-
bility for studying and making recommendations concerning issues of
health benefits and implementing such agreements which may be entered
into between the state and the employee organization concerning such
matters.
6. During the period July 2, 2013 through July 1, 2016, there shall be
a statewide joint labor-management committee continued and administered
pursuant to the terms of the agreement, which shall have the responsi-
bility for studying and making recommendations concerning issues of
technology and implementing such agreements which may be entered into
between the state and the employee organization concerning such matters.
7. During the period July 2, 2013 through July 1, 2016, there shall be
a Tripartite Redeployment Committee administered pursuant to the terms
of the agreement, which shall have the responsibility for reviewing and
discussing issues related to redeployment consideration and implementing
such agreements which may be entered into between the state and the
employee organization concerning such matters.
8. During the period July 2, 2013 through July 1, 2016, there shall be
a statewide joint labor-management committee established and adminis-
A. 8030 10
tered pursuant to the terms of the agreement, which shall have the
responsibility for studying, making recommendations and approving campus
grants that would benefit groups of employees at one or more campuses
and implementing such agreements which may be entered into between the
state and the employee organization concerning such matters.
S 8. Notwithstanding any provision of law to the contrary, the appro-
priations contained in this act shall be available to the state for the
payment of grievance and arbitration settlements and awards pursuant to
article 7 of the agreement.
S 9. The salary increases and benefit modifications, and any other
modifications to the terms and conditions of employment provided for by
this act for state employees in the professional services unit, shall
not be implemented until the director of employee relations has deliv-
ered, to the director of the budget and the comptroller, a certificate
that there is in effect with respect to such negotiating unit a collec-
tively negotiated agreement which provides for such increases and
modifications and which is fully executed in writing with the state
pursuant to article 14 of the civil service law, and ratified pursuant
to the ratification procedure of the employee organization.
S 10. Notwithstanding any other provision of law to the contrary,
where, and to the extent that, the agreement so provides, an employee is
affected as a result of the state's exercise of its right to contract
out, and in the event that such affected employee obtains employment
with the contractor, the employee shall not be barred from accepting
such employment as provided for in the agreement.
S 11. Notwithstanding any inconsistent provision of law, where and to
the extent that any agreement between the state and the employee organ-
ization entered into pursuant to article 14 of the civil service law so
provides on behalf of employees in the professional services unit,
effective January 1, 2014, the state shall contribute an amount desig-
nated in such agreement and for the period covered by such agreement to
the accounts of such employees enrolled for dependent care deductions
pursuant to subdivision 7 of section 201-a of the state finance law.
Such amounts shall be from funds appropriated herein and shall not be
part of basic annual salary for overtime or retirement purposes.
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, and shall not operate to confer any additional
salary rights or benefits on such officer or employee. Payment of such
salary increase may be deferred pursuant to section thirteen of this
act.
S 13. Deferred payment of salary increase. Notwithstanding the
provisions of any other section of this act or of any other law, pending
payment pursuant to this act of the basic annual salaries of incumbents
A. 8030 11
of positions subject to this act, such incumbents shall receive, as
partial compensation for services rendered, the rate of compensation
otherwise payable in their respective positions. An incumbent holding a
position subject to this act at any time during the period from the
effective dates of the salary increases provided for in this act until
the time when basic annual salaries are first paid pursuant to this act
for such services in excess of the compensation actually received there-
for, shall be entitled to a lump sum payment for the difference between
the salary to which such incumbent is entitled for such services and the
compensation actually received therefor. Such lump sum payments shall be
made as soon as practicable. The amounts paid under this act shall count
as compensation earned during the year or years for which it is calcu-
lated and not as compensation earned wholly in the year in which it is
paid. Notwithstanding any law, rule or regulation to the contrary, no
member of the professional services unit to whom the provisions of this
act apply shall be entitled to, or owed, any interest or other penalty
for any reason on any monies due to such member pursuant to the terms of
this act and the terms of the agreement covering employees in the
professional services unit.
S 14. Use of appropriations. The comptroller is authorized to pay any
amounts required during the fiscal year commencing April 1, 2013, by the
provisions of this act for any state department or agency from any
appropriation or other funds available to such state department or agen-
cy for personal service or for other related employee benefits during
such fiscal year. To the extent that such appropriations are insuffi-
cient in any fund to accomplish the purposes herein set forth, the
director of the budget is authorized to allocate to the various depart-
ments and agencies, from any appropriations available in any fund, the
amounts necessary to pay such amounts. The aforementioned appropriations
shall be available for payment of any liabilities or obligations
incurred prior to April 1, 2013 in addition to current liabilities.
S 15. Payment from special or administrative funds. If the compen-
sation to which officers and employees of the state are otherwise enti-
tled is payable from a special or administrative fund or funds of the
state, other than the general fund or the capital projects fund of the
state, the increase in compensation to which such officers or employees
are entitled under this act shall be payable from such other fund or
funds in the same manner as such other compensation. If the amounts
appropriated or allocable from such other fund or funds are insufficient
to accomplish the purposes of this act, the director of the budget is
hereby authorized to allocate such additional sums from such other fund
or funds as may be necessary therefor.
S 16. Effect of participation in special annuity program. No employee
participating in a special annuity program pursuant to the provisions of
article 8-C of title 1 of the education law shall, by reason of an
increase in compensation pursuant to this act, suffer any reduction of
the salary adjustment to which such officer or employee would otherwise
be entitled by reason of participation in such program, and such salary
adjustment shall be based upon the salary of such officer or employee
without regard to the reduction authorized by said article.
S 17. Appropriations. Notwithstanding any provision of the state
finance law or any other provision of law to the contrary, the several
amounts as hereinafter set forth, or so much thereof as may be neces-
sary, are hereby appropriated from the fund so designated for use by any
state department or agency, including the contract colleges at Alfred
and Cornell, for the fiscal year beginning April 1, 2013, to supplement
A. 8030 12
appropriations available for fringe benefits, and to carry out the
provisions of this act. Moreover, the amounts appropriated as non-per-
sonal service may be suballocated to any state department or agency as
needed. The monies hereby appropriated are available for payment of any
liabilities or obligations incurred prior to April 1, 2013 in addition
to liabilities or obligations associated with the fiscal year commencing
April 1, 2013. No money shall be available for expenditure from this
appropriation until a certificate of approval of availability 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.
NONPERSONAL SERVICE
For services and expenses to carry out the
provisions of this act, including, but not
limited to: adjustments to compensation,
funding for professional development,
safety and health, employee assistance
programs, the employment committee, the
affirmative action committee and the tech-
nology committee, the tripartite redeploy-
ment committee and the campus grants
committee and for family benefit programs,
including but not limited to the employ-
er's share of dependent care, for employ-
ees of the state university of New York in
the collective negotiating unit designated
as the professional services negotiating
unit ........................................ $3,182,000
For the joint committee on health benefits ...... $175,000
S 18. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after July 2, 2011.