S T A T E O F N E W Y O R K
________________________________________________________________________
9665
I N A S S E M B L Y
January 30, 2018
___________
Introduced by M. of A. ABBATE, DINOWITZ -- (at request of the Office of
Court Administration) -- read once and referred to the Committee on
Governmental Employees
AN ACT in relation to terms and conditions of employment of certain
nonjudicial officers and employees of the unified court system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds that a collec-
tive bargaining agreement has been negotiated by the unified court
system with an employee organization representing nonjudicial officers
and employees in the New York City court clerks negotiating unit. The
purpose of this act is to implement this agreement and any other collec-
tive bargaining agreement negotiated by the unified court system with an
employee organization where, pursuant to section three of this act, the
chief administrator of the courts has delivered a certificate to the
comptroller that such collective bargaining agreement is in effect.
§ 2. Annual maintenance allowance. Each nonjudicial officer and
employee of the unit who is required by the unified court system to wear
an employer-approved blazer while performing the duties of his or her
position shall be entitled to receive an annual maintenance allowance in
an amount, as follows:
(a) for the fiscal year commencing April 1, 2018, $925;
(b) for the fiscal year commencing April 1, 2019, $1,000;
(c) for the fiscal year commencing April 1, 2020, $1,200.
Annual maintenance allowances as provided in this section shall be in
addition to and shall not be a part of an employee's basic annual sala-
ry; provided, however, they shall be included as compensation for
retirement purposes.
§ 3. Application of this act to nonjudicial officers and employees of
the unified court system in other negotiating units. In the event that a
collective bargaining agreement is negotiated by the unified court
system pursuant to article fourteen of the civil service law with an
employee organization representing nonjudicial officers and employees of
the unified court system in a negotiating unit other than the New York
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14481-01-8
A. 9665 2
City court clerks negotiating unit, the chief administrator of the
courts, with the agreement of such employee organization, shall deliver
to the comptroller a certificate that such collective bargaining agree-
ment is in effect where the provisions of section two of this act are
provided for therein.
§ 4. Collective bargaining agreement required. The provisions of
section two of this act shall not be implemented for nonjudicial offi-
cers and employees in a collective negotiating unit established pursuant
to article fourteen of the civil service law until the chief administra-
tor of the courts shall deliver to the comptroller a certificate that
there is in effect with respect to such negotiating unit a written
collective bargaining agreement with the state pursuant to article four-
teen of the civil service law which provides therefor; and any increase
in compensation provided by section two of this act or otherwise author-
ized by law, shall not preclude any other increases in compensation for
such a nonjudicial officer or employee as may be authorized by law.
§ 5. Deferred payment of salary increase. Notwithstanding the
provisions of this act or any other law, commencing April 1, 2017, and
pending payment pursuant to law of the basic annual salaries of incum-
bents of positions subject to this act commencing April 1, 2017, such
incumbents shall receive, as partial compensation for services rendered,
the rate of compensation otherwise payable in their respective positions
pursuant to law then in effect. An incumbent holding a position subject
to this act at any time during the period from April 1, 2017 until the
time when basic annual salaries are first paid pursuant to this act for
such service in excess of the compensation actually received therefor
shall be entitled to a lump sum payment for the difference between the
salary to which such incumbent is entitled for such service and the
compensation actually received therefor. Such lump sum payment shall be
made as soon as practicable, except that such lump sum payment shall not
be made, nor shall any lump sum payment pursuant to any other provision
of law be made to any employee or former employee serving in a position
in the New York City court clerks negotiating unit between April 1, 2014
and April 1, 2017 on account of service in such position, unless the
legislature has appropriated twenty-eight million dollars to the admin-
istrative office of the courts for the express purpose of funding such
lump sum payments, as provided in section six of this act or some other
provision of law.
§ 6. The sum of twenty-eight million dollars ($28,000,000) is hereby
appropriated out of any moneys in the state treasury in the general fund
to the credit of the state purposes account, not otherwise appropriated,
and made immediately available to the administrative office of the
courts for payment pursuant to this act of the costs and expenses there-
under necessary during the 2017-18 state fiscal year, including lump sum
payments due employees pursuant to section five of this act on account
of service during a state fiscal year prior to the 2017-18 fiscal year;
provided, however, where provisions of law require expenditures that
must be paid from appropriations from funds of the state other than the
general fund or that, by established administrative practice, are paid
from such funds, the chief administrator of the courts shall so certify
to the comptroller, and thereupon the appropriation provided in this
section shall be available for such expenditures.
§ 7. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017.