Assembly Bill A8032

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

                                  8032

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              June 16, 2013
                               ___________

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

AN ACT implementing an agreement  between  the  state  and  an  employee
  organization; providing for the adjustment of salaries or hourly rates
  of  certain  incumbents in the professional services negotiating unit;
  and making an appropriation therefor

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

  Section  1.  Definitions.  1. For purposes of this act, "eligible unit
members" means those members of the collective negotiating  unit  desig-
nated as the professional services negotiating unit established pursuant
to  article 14 of the civil service law that are in lifeguard titles and
who are in positions designated as part of bargaining unit 68.
  2. For purposes of this act,  "the  agreement"  means  a  collectively
negotiated  agreement  entered  into  in  2013 between the state and the
employee organization representing eligible unit members of the  profes-
sional  services negotiating unit as designated in subdivision 1 of this
section.
  3. For purposes of this act, "the  employee  organization"  means  the
employee  organization representing members of the professional services
negotiating unit.
  S 2. Adjustment to salaries and hourly rates and other compensation of
certain eligible unit members in the professional  services  negotiating
unit.
  1. The provisions of this section shall apply to certain eligible unit
members  in the professional services negotiating unit that are in life-
guard titles and who are in positions designated as part  of  bargaining
unit 68.
  2.  Percentage  increases  applicable to certain eligible unit members
prior to March 31, 2011.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12038-01-3

              

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  (a) Effective April 1, 2004, the salary  or  hourly  rate  of  certain
eligible unit members shall increase by two and one-half percent.
  (b)  Effective  April  1,  2005,  the salary or hourly rate of certain
eligible unit members shall increase by two and three-quarters percent.
  (c) Effective April 1, 2006, the salary  or  hourly  rate  of  certain
eligible unit members shall increase by three percent.
  (d)  Effective  April  1,  2007,  the salary or hourly rate of certain
eligible unit members shall increase by three percent.
  (e) Effective April 1, 2008, the salary  or  hourly  rate  of  certain
eligible unit members shall increase by three percent.
  (f)  Effective  April  1,  2009,  the salary or hourly rate of certain
eligible unit members shall increase by three percent.
  (g) Effective April 1, 2010, the salary  or  hourly  rate  of  certain
eligible unit members shall increase by four percent.
  (h)  To  be  eligible for the retroactive increases set forth in para-
graphs (a) through (g) of this subdivision, an eligible unit member  (i)
must  have been in employment status on the effective date of the salary
or hourly rate increase or  employed  during  a  season  that  commences
during  the  fiscal  year  that  includes  such  salary  or  hourly rate
increase, and (ii) must have been in employment status on April 1,  2013
or during a season that commences in the fiscal year that includes April
1, 2013.
  3.  Percentage  increases  applicable to certain eligible unit members
after March 31, 2011.
  (a) Effective April 1, 2014, the salary  or  hourly  rate  of  certain
eligible unit members shall increase by two percent.
  (b)  Effective  April  1,  2015,  the salary or hourly rate of certain
eligible unit members shall increase by two percent.
  (c) The salary or hourly rate increases set forth in paragraph (a)  of
this  subdivision  shall  not  be payable until the director of employee
relations notifies the director of the budget that  the  state  and  the
employee organization representing eligible unit members have reached an
agreement  on  issues  of  mutual concern included in the "Joint Meeting
Minutes between Long Island State Park and Recreation Commission and the
Jones Beach Lifeguard Corp" and any  other  labor-management  agreements
between  the  state and the parties concerning the Jones Beach Lifeguard
Corp, in accordance with the terms of the agreement.
  4. In accordance with the terms of  the  agreement,  certain  eligible
unit  members who work at least 160 hours during the season (at least 20
days) shall be entitled to additional compensation at their hourly rate,
up to a maximum of eight hours, for time worked on  each  of  the  first
three  days  during  their employment in any seasonal period (April 1 to
September 30 or October 1 to March 31) which are observed as holidays by
the state. Such compensation shall be paid retroactively upon completion
of five weeks of work.
  5. Notwithstanding any of the foregoing provisions  of  this  section,
any  increase  in  compensation may be withheld in whole or in part from
any employee to whom the provisions of this section are applicable when,
in the opinion of the director of employee relations and the director of
the budget, such increase is not warranted or is not appropriate.
  S 3. 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 between the state and the employee organiza-
tion that covers members of the professional services negotiating unit.

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  S 4. The salary or hourly increases and benefit modifications, and any
other modifications to the terms and conditions of  employment  provided
for  by  this act for eligible unit members in the professional services
negotiating unit, shall not be implemented until the director of employ-
ee  relations has delivered, to the director of the budget and the comp-
troller, a certificate that there is in  effect  with  respect  to  such
negotiating  unit a collectively negotiated agreement which provides for
such increases and modifications and which is fully executed in  writing
with  the  state  pursuant  to  article 14 of the civil service law, and
ratified pursuant to the ratification procedure, if any,  applicable  to
eligible unit members.
  S  5.  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 certain employees  in  the  professional  services
negotiating  unit, effective January 1, 2014, the state shall contribute
an amount designated in such agreement and for  the  period  covered  by
such  agreement  to the accounts of such eligible employees enrolled for
dependent care deductions pursuant to subdivision 7 of section 201-a  of
the state finance law. Such amounts shall not be counted as compensation
for overtime or retirement purposes.
  S 6. Date of entitlement to salary or hourly increase. Notwithstanding
the  provisions of this act or of any other law, the increase in compen-
sation of any officer or employee provided by this act shall be added to
the 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 determining the salary
of  such  officer  or  employee  upon  reclassification,   reallocation,
appointment,  promotion,  transfer,  demotion,  reinstatement  or  other
change of status, such salary or hourly rate increase shall be deemed to
be effective on the date thereof as prescribed  in  this  act,  and  the
payment  thereof  pursuant  to  this  section  on  a date prior thereto,
instead of on such effective date, and shall not operate to  confer  any
additional  salary  rights  or  benefits  on  such  officer or employee.
Payment of such salary or hourly increase may be  deferred  pursuant  to
section seven of this act.
  S  7.  Deferred  payment of salary or hourly increase. Notwithstanding
the provisions of any other section of this act or  of  any  other  law,
pending payment pursuant to this act of the compensation due to eligible
unit members subject to this act, such members shall receive, as partial
compensation  for  services rendered, the rate of compensation otherwise
payable in their respective positions. An eligible unit member holding a
position subject to this act at any time  during  the  period  from  the
effective  dates  of the salary or hourly increases provided for in this
act until the time when compensation due to  eligible  unit  members  is
first  paid  pursuant  to  this  act  for such services in excess of the
compensation actually received therefor, shall be entitled to a lump sum
payment for the difference between the salary or hourly  rate  to  which
such  eligible unit member is entitled for such services and the compen-
sation 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  calculated
and  not  as compensation earned wholly in the year in which it is paid.

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Notwithstanding any law, rule or regulation to the contrary,  no  member
of  the professional services negotiating 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  certain
employees in the professional services negotiating unit.
  S  8.  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 9. Payment from special or administrative funds. If the compensation
to  which  officers and employees of the state are otherwise entitled 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  appropri-
ated  or  allocable  from  such  other fund or funds are insufficient to
accomplish the purposes of this act, the director of the budget is here-
by authorized to allocate such additional sums from such other  fund  or
funds as may be necessary therefor.
  S  10. Effect of participation in special annuity program. No 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 or
hourly  adjustment  to which such officer or employee would otherwise be
entitled by reason of participation in such program, and such salary  or
hourly  adjustment shall be based upon the salary or hourly rate of such
officer or employee without regard to the reduction authorized  by  said
article.
  S  11. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, upon request of the director of  the
budget, the comptroller is hereby authorized and directed to transfer up
to $282,000 from the general fund to the environmental conservation fund
(301) to carry out the provisions of section thirteen of this act.
  S  12. Notwithstanding any law to the contrary, and in accordance with
section 4 of the state finance law, upon request of the director of  the
budget, the comptroller is hereby authorized and directed to transfer up
to  $2,769,000  from the general fund to the special revenue fund (339),
subfund 22163, to carry out the provisions of section thirteen  of  this
act.
  S  13.  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, for the fiscal year beginning April 1, 2013,
to supplement appropriations available for fringe benefits, and to carry
out the provisions of this  act.  The  monies  hereby  appropriated  are

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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 avail-
able  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.

                   ALL STATE DEPARTMENTS AND AGENCIES

  General Fund / State Operations
  State Purposes Account 003

                            PERSONAL SERVICE

Personal service - regular ..................... 4,714,000

                          NONPERSONAL SERVICES

Fringe Benefits .................................. 580,000

  Special Revenue Funds - Other
  Environmental Conservation Special Revenue Fund - 301

                            PERSONAL SERVICE

Personal service - regular ....................... 254,000

                           NONPERSONAL SERVICE

Fringe Benefits ................................... 28,000

  Special Revenue Funds - Other
  Miscellaneous State Special Revenue Fund - 339

                            PERSONAL SERVICE

Personal service - regular ..................... 2,612,000

                           NONPERSONAL SERVICE

Fringe Benefits .................................. 269,000

  S  14.  This  act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2003.