S. 4067 2
PART A
COLLECTIVE BARGAINING AGREEMENT BETWEEN
THE STATE OF NEW YORK AND THE PUBLIC
EMPLOYEES FEDERATION FOR 2016-2019
Section 1. Subparagraph 1 of paragraph c of subdivision 1 of section
130 of the civil service law is REPEALED and three new subparagraphs 1,
2 and 3 are added to read as follows:
(1) EFFECTIVE APRIL SEVENTH, TWO THOUSAND SIXTEEN FOR OFFICERS AND
EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH THIRTY-
FIRST, TWO THOUSAND SIXTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITU-
TIONAL PAYROLL:
PEF SALARY SCHEDULE
EFFECTIVE APRIL 7, 2016 (ADMIN)
EFFECTIVE MARCH 31, 2016 (INST)
HIRING JOB ADVANCE JOB RATE
SG RATE RATE AMOUNT ADVANCE
1 $22,407 $28,914 $930 $927
2 $23,257 $30,080 $975 $973
3 $24,395 $31,551 $1,023 $1,018
4 $25,490 $33,021 $1,073 $1,093
5 $26,697 $34,595 $1,129 $1,124
6 $28,129 $36,421 $1,184 $1,188
7 $29,708 $38,392 $1,233 $1,286
8 $31,344 $40,417 $1,276 $1,417
9 $33,090 $42,589 $1,323 $1,561
10 $34,967 $44,956 $1,381 $1,703
11 $36,971 $47,501 $1,471 $1,704
12 $39,044 $50,019 $1,522 $1,843
13 $41,317 $52,870 $1,583 $2,055
14 $43,690 $55,774 $1,691 $1,938
15 $46,162 $58,853 $1,753 $2,173
16 $48,752 $62,050 $1,820 $2,378
17 $51,488 $65,547 $1,907 $2,617
18 $54,406 $69,182 $1,868 $3,568
19 $57,354 $72,841 $1,946 $3,811
20 $60,290 $76,484 $2,027 $4,032
21 $63,487 $80,501 $2,116 $4,318
22 $66,900 $84,707 $2,205 $4,577
23 $70,438 $89,095 $2,296 $4,881
24 $74,190 $93,659 $2,385 $5,159
25 $78,283 $98,669 $2,486 $5,470
26 $82,407 $101,577 $2,587 $3,648
27 $86,866 $106,993 $2,724 $3,783
28 $91,442 $112,307 $2,830 $3,885
29 $96,235 $117,862 $2,938 $3,999
30 $101,264 $123,647 $3,047 $4,101
31 $106,661 $129,843 $3,161 $4,216
32 $112,332 $136,259 $3,267 $4,325
33 $118,442 $143,122 $3,375 $4,430
34 $124,751 $150,251 $3,492 $4,548
35 $131,219 $157,505 $3,604 $4,662
36 $137,814 $164,967 $3,728 $4,785
37 $145,047 $173,012 $3,844 $4,901
38 $135,322
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(2) EFFECTIVE APRIL SIXTH, TWO THOUSAND SEVENTEEN FOR OFFICERS AND
EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH THIRTIETH,
TWO THOUSAND SEVENTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL
PAYROLL:
PEF SALARY SCHEDULE
EFFECTIVE APRIL 6, 2017 (ADMIN)
EFFECTIVE MARCH 30, 2017 (INST)
HIRING JOB ADVANCE JOB RATE
SG RATE RATE AMOUNT ADVANCE
1 $22,855 $29,494 $949 $945
2 $23,722 $30,685 $994 $999
3 $24,883 $32,180 $1,043 $1,039
4 $26,000 $33,679 $1,094 $1,115
5 $27,231 $35,286 $1,152 $1,143
6 $28,692 $37,150 $1,208 $1,210
7 $30,302 $39,160 $1,257 $1,316
8 $31,971 $41,227 $1,302 $1,444
9 $33,752 $43,443 $1,349 $1,597
10 $35,666 $45,857 $1,409 $1,737
11 $37,710 $48,451 $1,501 $1,735
12 $39,825 $51,021 $1,552 $1,884
13 $42,143 $53,927 $1,614 $2,100
14 $44,564 $56,888 $1,725 $1,974
15 $47,085 $60,028 $1,788 $2,215
16 $49,727 $63,293 $1,857 $2,424
17 $52,518 $66,855 $1,945 $2,667
18 $55,494 $70,566 $1,906 $3,636
19 $58,501 $74,301 $1,985 $3,890
20 $61,496 $78,014 $2,068 $4,110
21 $64,757 $82,113 $2,159 $4,402
22 $68,238 $86,398 $2,249 $4,666
23 $71,847 $90,876 $2,342 $4,977
24 $75,674 $95,534 $2,432 $5,268
25 $79,849 $100,645 $2,536 $5,580
26 $84,055 $103,609 $2,639 $3,720
27 $88,603 $109,133 $2,779 $3,856
28 $93,271 $114,553 $2,886 $3,966
29 $98,160 $120,219 $2,997 $4,077
30 $103,289 $126,120 $3,108 $4,183
31 $108,794 $132,440 $3,224 $4,302
32 $114,579 $138,984 $3,332 $4,413
33 $120,811 $145,984 $3,442 $4,521
34 $127,246 $153,256 $3,562 $4,638
35 $133,843 $160,655 $3,676 $4,756
36 $140,570 $168,266 $3,802 $4,884
37 $147,948 $176,472 $3,921 $4,998
38 $138,028
(3) EFFECTIVE APRIL FIFTH, TWO THOUSAND EIGHTEEN FOR OFFICERS AND
EMPLOYEES ON THE ADMINISTRATIVE PAYROLL AND EFFECTIVE MARCH TWENTY-NINTH,
TWO THOUSAND EIGHTEEN FOR OFFICERS AND EMPLOYEES ON THE INSTITUTIONAL
PAYROLL:
S. 4067 4
PEF SALARY SCHEDULE
EFFECTIVE APRIL 5, 2018 (ADMIN)
EFFECTIVE MARCH 29, 2018 (INST)
HIRING JOB ADVANCE JOB RATE
SG RATE RATE AMOUNT ADVANCE
1 $23,312 $30,083 $968 $963
2 $24,196 $31,299 $1,014 $1,019
3 $25,381 $32,826 $1,064 $1,061
4 $26,520 $34,355 $1,116 $1,139
5 $27,776 $35,995 $1,175 $1,169
6 $29,266 $37,891 $1,232 $1,233
7 $30,908 $39,941 $1,283 $1,335
8 $32,610 $42,051 $1,328 $1,473
9 $34,427 $44,311 $1,376 $1,628
10 $36,379 $46,772 $1,437 $1,771
11 $38,464 $49,417 $1,531 $1,767
12 $40,622 $52,039 $1,583 $1,919
13 $42,986 $55,008 $1,647 $2,140
14 $45,455 $58,028 $1,759 $2,019
15 $48,027 $61,229 $1,824 $2,258
16 $50,722 $64,557 $1,894 $2,471
17 $53,568 $68,192 $1,984 $2,720
18 $56,604 $71,980 $1,944 $3,712
19 $59,671 $75,785 $2,024 $3,970
20 $62,726 $79,577 $2,109 $4,197
21 $66,052 $83,752 $2,202 $4,488
22 $69,603 $88,124 $2,294 $4,757
23 $73,284 $92,693 $2,389 $5,075
24 $77,187 $97,448 $2,481 $5,375
25 $81,446 $102,661 $2,587 $5,693
26 $85,736 $105,681 $2,692 $3,793
27 $90,375 $111,316 $2,834 $3,937
28 $95,136 $116,844 $2,944 $4,044
29 $100,123 $122,623 $3,057 $4,158
30 $105,355 $128,642 $3,170 $4,267
31 $110,970 $135,089 $3,288 $4,391
32 $116,871 $141,764 $3,399 $4,499
33 $123,227 $148,904 $3,511 $4,611
34 $129,791 $156,321 $3,633 $4,732
35 $136,520 $163,868 $3,750 $4,848
36 $143,381 $171,631 $3,879 $4,976
37 $150,907 $180,001 $3,999 $5,100
38 $140,789
§ 2. Compensation for certain state officers and employees in collec-
tive negotiating units. 1. The provisions of this section shall apply
to annual-salaried officers and employees in the collective negotiating
unit designated as the professional, scientific and technical services
unit established pursuant to article 14 of the civil service law.
2. Effective April 7, 2016 for officers and employees on the adminis-
trative payroll and effective March 31, 2016 for officers and employees
on the institutional payroll, the basic annual salary of officers and
employees in full-time employment status on the day before such payroll
period shall be increased by two percent adjusted to the nearest whole
dollar amount.
S. 4067 5
3. Effective April 6, 2017 for officers and employees on the adminis-
trative payroll and effective March 30, 2017 for officers and employees
on the institutional payroll, the basic annual salary of officers and
employees in full-time employment status on the day before such payroll
period shall be increased by two percent adjusted to the nearest whole
dollar amount.
4. Effective April 5, 2018 for officers and employees on the adminis-
trative payroll and effective March 29, 2018 for officers and employees
on the institutional payroll, the basic annual salary of officers and
employees in full-time 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 two, 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 or the 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 or job rate,
respectively, of such salary grade as contained in the appropriate sala-
ry schedules in subparagraphs 1, 2 and 3 of paragraph c of subdivision 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 such subparagraphs. Except
as herein provided to the contrary, 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 two, three and four of this
section.
6. Payments pursuant to the provisions of subdivision 6 of section 131
of the civil service law for 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 agreement 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 unen-
cumbered. Notwithstanding the provisions of this section, the director
of the budget may reduce the salary of any such position which is or
becomes vacant.
8. The increases in salary provided in subdivisions two, three and
four 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 subdivi-
sions five, six and thirteen of this section shall not apply to employ-
ees serving on a 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 but are not allocated to salary grades, but are paid on
an annual basis, increases and payments pursuant to subdivisions six and
thirteen of this section in proportion to those provided to persons to
S. 4067 6
whom this section applies who are allocated to salary grades, the direc-
tor 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 department of
civil service, the chair of the senate finance committee and the chair
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, provided however, that the increases in basic
annual salary provided for in subdivisions two, three and four of this
section shall apply to fire instructors paid on a fee schedule basis
employed by the division of homeland security and emergency services.
11. Notwithstanding any other provision of this section, except subdi-
vision one, 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 increase 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 other provision of this section or 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.
13. Notwithstanding any law, rule or regulation to the contrary, offi-
cers and employees to whom the provisions of this section apply shall
receive performance awards in accordance with the terms of a collective-
ly negotiated agreement between the state and the employee organization
representing such employees entered into pursuant to article 14 of the
civil service law, effective for the period commencing April 2, 2016 and
ending April 1, 2019, in accordance with the rules and regulations
issued by the director of the budget to implement payment of such nego-
tiated performance awards.
§ 3. Location compensation for certain state officers and employees.
Notwithstanding any inconsistent provisions of law, officers and employ-
ees, including seasonal officers and employees who shall receive the
compensation provided for pursuant to this section on a pro-rated basis
except part-time officers and employees, in the collective negotiating
unit designated as the professional, scientific and technical services
unit established pursuant to article 14 of the civil service law, whose
principal 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: (a) in the county of Monroe and who were eligi-
ble 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 eligible; or (b) in the city of New York, or in the
county of Rockland, Westchester, Nassau or Suffolk shall continue to
receive a downstate adjustment at the annual rate of three thousand
twenty-six dollars effective April 1, 2011; or (c) in the county of
S. 4067 7
Dutchess, Putnam or Orange shall continue to receive a mid-Hudson
adjustment at the annual rate of one thousand five hundred thirteen
dollars effective April 1, 2011. 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 advance-
ments 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 coun-
ty.
§ 4. 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 unit desig-
nated as the professional, scientific and technical 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 rate specified 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 unit desig-
nated as the professional, scientific and technical services 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 three 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 unit designated as the professional, scientific and techni-
cal services unit, who is receiving location pay pursuant to section
three of this act shall continue to be eligible for such location pay if
as the result of a reduction or redeployment of staff, 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. The rate of such continued
location pay shall not exceed the rate such officer or employee is
receiving on the date of such reassignment, appointment or promotion.
§ 5. Special assignment to duty pay. Notwithstanding any inconsistent
provisions of law, effective April 2, 2016, 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 special assignment to duty lump sum shall be paid each year
to an employee who is serving in a particular assignment deemed quali-
fied pursuant to such agreement. 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 agreement. 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 cessa-
tion of the assignment to duty program on April 1, 2019 unless an exten-
S. 4067 8
sion is negotiated by the parties. Such lump sum shall be considered
salary only for final average salary retirement purposes.
§ 6. Long term seasonal employees. Notwithstanding any inconsistent
provisions of law, effective April 2, 2016, 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 serv-
ing in a qualifying long term seasonal position. Such payment shall be
in an amount negotiated and pursuant to negotiated qualifying criteria
and shall be considered salary only for final average salary retirement
purposes. Such benefit shall be available until March 31, 2019.
§ 7. Notwithstanding any inconsistent provisions of law, where and to
the extent that an 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 unit
designated as the professional, scientific and technical services unit
established pursuant to article 14 of the civil service law, the state
shall contribute an amount designated 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 in this act and shall not be part of basic annual salary
for overtime or retirement purposes.
§ 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 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 unit designated as the professional, scien-
tific and technical services unit established pursuant to article 14 of
the civil service law.
§ 9. During the period April 2, 2016 through April 1, 2019, 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 collec-
tive negotiating unit designated as the professional, scientific and
technical services unit established pursuant to article 14 of the civil
service law which shall after April 2, 2016, have the responsibility of
studying, making recommendations concerning the major issues of produc-
tivity, the quality of work life and implementing the agreements
reached.
§ 10. Inconvenience pay program. Pursuant to chapter 333 of the laws
of 1969, as amended, and an agreement negotiated between the state and
an employee organization representing employees in the professional,
scientific and technical services unit established pursuant to article
14 of the civil service law, an eligible employee shall continue to be
paid five hundred seventy-five dollars per year for working four or more
hours between the hours of 6:00 p.m. and 6:00 a.m. effective April 2,
2011.
§ 11. Notwithstanding any provision of law to the contrary, effective
April 2, 2016, where and to the extent that an agreement between the
state and an employee organization so provides for a program concerning
a firearms training and safety incentive for peace officers in the
professional, scientific and technical services bargaining unit, a lump
sum payment for such incentive shall be paid for each year of such
program to any employee who is deemed qualified pursuant to such agree-
S. 4067 9
ment. Such payment shall be in an amount negotiated for those employees
who meet criteria established by such program. Such payment shall occur
at the time prescribed by such program or as soon as practicable there-
after. Such lump sum payment shall not be paid in any year an employee
does not meet the qualifications and criteria of such program or upon
cessation of such program on April 1, 2019 unless an extension is nego-
tiated by the parties. Such lump sum payment shall be considered salary
for overtime purposes.
§ 12. Notwithstanding any provision of law to the contrary, effective
April 2, 2016, 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 on behalf of certain employees in
the collective negotiating unit designated as the professional, scien-
tific and technical services unit, and where there exists a policy
requiring employees in the fire protection specialist title series at
the office of fire prevention and control to wear uniforms, a lump sum
uniform allowance shall be paid to covered employees in accordance with
the terms of such agreement and policy. Such payments shall be in an
amount negotiated for covered employees and shall not be paid in any
year where a policy does not exist requiring uniforms in accordance with
the terms of the agreement or where an employee is not required to wear
a uniform or receives a regular uniform service. Such uniform allowance
will cease to exist on April 1, 2019, unless an extension is negotiated
by the parties. Such lump sum shall be considered salary only for final
average salary purposes.
§ 13. The salary increases and benefit modifications provided for by
this act for state employees in the collective negotiating unit desig-
nated as the professional, scientific and technical services unit estab-
lished pursuant to article 14 of the civil service law shall not be
implemented until the director of employee relations shall have deliv-
ered to the director of the budget and the comptroller a letter certify-
ing that there is in effect with respect to such negotiating unit a
collectively negotiated agreement, ratified by the membership, which
provides for such increases and modifications and which are fully
executed in writing with the state pursuant to article 14 of the civil
service law.
§ 14. Date of entitlement to salary increases. Notwithstanding the
provisions of this act or of any other provision of law to the contrary,
the increases in salary or compensation to employees provided by this
act shall be added to the salary of such employee at the beginning of
that payroll period, the first day of which is nearest to the effective
dates of such increases 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 dates of such increases as provided in
this act; provided, however, that, for the purposes of determining the
salary of such unit members upon reclassification, reallocation,
appointment, promotion, transfer, demotion, reinstatement, or other
change of status, such salary increases shall be deemed to be effective
on the dates thereof as prescribed by this act, with payment thereof
pursuant to this section on a date prior thereto, instead of on such
effective dates, and shall not operate to confer any additional salary
rights or benefits on such unit members. Payment of such salary
increases may be deferred pursuant to section fifteen of this act.
§ 15. Deferred payment of salary increase. Notwithstanding the
provisions of any other section of this act or any other provision of
law to the contrary, pending payment pursuant to this act of the basic
S. 4067 10
annual salaries of incumbents of positions subject to this act, such
incumbents shall receive, as partial compensation for services rendered,
the rate of salary and other compensation otherwise payable in their
respective positions. An incumbent holding a position subject to this
act at any time during the period from April 1, 2016, until the time
when basic annual salaries and other compensation due are first paid
pursuant to this act for such services in excess of the salary and other
compensation actually received therefor, shall be entitled to a lump sum
payment for the difference between the salary and other compensation to
which such incumbent is entitled for such services and the salary and
other compensation actually received pursuant to the terms of an agree-
ment between the state and the employee organization representing the
employees covered by this act.
§ 16. Use of appropriations. The comptroller is authorized to pay any
amounts required during the fiscal year commencing April 1, 2016 through
March 31, 2018 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 agencies, from any appropri-
ations available in any fund, the amounts necessary to pay such amounts.
§ 17. 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.
§ 18. Notwithstanding any provision of the state finance law or any
other provision of law to the contrary, the sum of three hundred twen-
ty-seven million dollars ($327,000,000) is hereby appropriated in the
general fund/state purposes account (10050) in miscellaneous-all state
departments and agencies solely for apportionment/transfer by the direc-
tor of the budget for use by any state department or agency in any fund
for the fiscal year beginning April 1, 2016 through March 31, 2018 to
supplement appropriations for personal service, other than personal
service and fringe benefits, and to carry out the provisions of this
act. The monies hereby appropriated are available for payment of any
liabilities or obligations incurred prior to or during the state fiscal
year commencing April 1, 2016 through March 31, 2018. For this purpose,
these appropriations shall remain in full force and effect for the
payment of liabilities incurred on or before March 31, 2018.
§ 19. The several amounts as hereinafter set forth, or so much thereof
as may be necessary, are hereby appropriated for the fiscal year begin-
ning April 1, 2016 through March 31, 2018 to supplement appropriations
available for personal service, other than personal service and fringe
benefits, and to carry out the provisions of this act. Moreover, the
amounts appropriated as nonpersonal service may be
suballocated/transferred to any state department or agency as needed.
The monies hereby appropriated are available for payment of any liabil-
ities or obligations incurred prior to or during the state fiscal year
commencing April 1, 2016 through March 31, 2018. For this purpose, these
S. 4067 11
appropriations shall remain in full force and effect for the payment of
liabilities incurred on or before March 31, 2018.
MISCELLANEOUS -- ALL STATE DEPARTMENTS AND AGENCIES
LABOR MANAGEMENT COMMITTEES
STATE OPERATIONS 2016-17
General Fund / State Operations
State Purposes Account - 10050
Professional, Scientific and Technical Services Unit
Professional development and quality of
working life committee ......................... 723,000
Health and Safety ................................ 938,000
PSPT Program ................................... 7,675,000
Joint Funded Programs .......................... 1,337,000
Multi-Funded Programs .......................... 1,309,000
Professional Development for Nurses .............. 682,000
Property Damage ................................... 29,000
Work-Life Services ............................. 3,151,000
Joint Committee on Health Benefits ............... 682,000
Contract Administration ........................... 50,000
§ 20. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 2, 2016. Appropri-
ations made by this act shall remain in full force and effect for
liabilities incurred through March 31, 2018.
REPEAL NOTE.--Subparagraph 1 of paragraph c of subdivision 1 of
section 130 of the civil service law, repealed by section one of this
act, provided a salary schedule for state employees in the professional,
scientific and technical services unit and is 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 2016-2019
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-
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 SIXTEEN:
GRADE HIRING RATE JOB RATE
S. 4067 12
M/C 3 $24,894 $31,824
M/C 4 $25,993 $33,269
M/C 5 $27,552 $34,883
M/C 6 $28,721 $36,672
M/C 7 $30,378 $38,657
M/C 8 $32,044 $40,649
M/C 9 $33,875 $42,812
M/C 10 $35,701 $45,188
M/C 11 $37,866 $47,696
M/C 12 $39,864 $50,198
M/C 13 $42,184 $52,987
M/C 14 $44,690 $55,902
M/C 15 $47,177 $58,920
M/C 16 $49,836 $62,063
M/C 17 $52,663 $65,485
M/C 18 $52,943 $65,697
M/C 19 $55,782 $69,113
M/C 20 $58,626 $72,579
M/C 21 $61,788 $76,328
M/C 22 $65,109 $80,337
M/C 23 $68,446 $85,516
M 1 $73,878 $93,384
M 2 $81,934 $103,567
M 3 $90,935 $114,913
M 4 $100,577 $126,926
M 5 $111,677 $141,095
M 6 $123,648 $155,526
M 7 $136,294 $168,799
M 8 $114,915+
(2) EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
GRADE HIRING RATE JOB RATE
M/C 3 $25,900 $33,110
M/C 4 $27,043 $34,613
M/C 5 $28,665 $36,292
M/C 6 $29,881 $38,154
M/C 7 $31,605 $40,219
M/C 8 $33,339 $42,291
M/C 9 $35,244 $44,542
M/C 10 $37,143 $47,014
M/C 11 $39,396 $49,623
M/C 12 $41,475 $52,226
M/C 13 $43,888 $55,128
M/C 14 $46,495 $58,160
M/C 15 $49,083 $61,300
M/C 16 $51,849 $64,570
M/C 17 $54,791 $68,131
M/C 18 $55,082 $68,351
M/C 19 $58,036 $71,905
M/C 20 $60,994 $75,511
M/C 21 $64,284 $79,412
M/C 22 $67,739 $83,583
M/C 23 $71,211 $88,971
M 1 $76,863 $97,157
M 2 $85,244 $107,751
S. 4067 13
M 3 $94,609 $119,555
M 4 $104,640 $132,054
M 5 $116,189 $146,795
M 6 $128,643 $161,809
M 7 $141,800 $175,618
M 8 $119,558+
(3) EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
GRADE HIRING RATE JOB RATE
M/C 3 $26,682 $34,110
M/C 4 $27,860 $35,658
M/C 5 $29,531 $37,388
M/C 6 $30,783 $39,306
M/C 7 $32,559 $41,434
M/C 8 $34,346 $43,568
M/C 9 $36,308 $45,887
M/C 10 $38,265 $48,434
M/C 11 $40,586 $51,122
M/C 12 $42,728 $53,803
M/C 13 $45,213 $56,793
M/C 14 $47,899 $59,916
M/C 15 $50,565 $63,151
M/C 16 $53,415 $66,520
M/C 17 $56,446 $70,189
M/C 18 $56,745 $70,415
M/C 19 $59,789 $74,077
M/C 20 $62,836 $77,791
M/C 21 $66,225 $81,810
M/C 22 $69,785 $86,107
M/C 23 $73,362 $91,658
M 1 $79,184 $100,091
M 2 $87,818 $111,005
M 3 $97,466 $123,166
M 4 $107,800 $136,042
M 5 $119,698 $151,228
M 6 $132,528 $166,696
M 7 $146,082 $180,922
M 8 $123,169+
§ 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 SIXTEEN:
HIRING RATE JOB RATE
$116,937 $159,580
EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
HIRING RATE JOB RATE
$121,661 $166,027
S. 4067 14
EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
HIRING RATE JOB RATE
$125,335 $171,041
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 SIXTEEN:
HIRING RATE JOB RATE
$90,935 $114,914
EFFECTIVE APRIL FIRST, TWO THOUSAND SEVENTEEN:
HIRING RATE JOB RATE
$94,609 $119,557
EFFECTIVE APRIL FIRST, TWO THOUSAND EIGHTEEN:
HIRING RATE JOB RATE
$97,466 $123,168
§ 3. Compensation for certain state officers and employees. 1. The
provisions of this section shall apply to the following annual-salaried
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 mili-
tary 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, 2016, the basic annual salary of officers
and employees to whom the provisions of this subdivision apply shall be
increased by two percent (general salary increase for 2016, pursuant to
this chapter) adjusted to the nearest whole dollar amount.
(b) Effective April 1, 2017, the basic annual salary of officers and
employees to whom the provisions of this subdivision apply shall be
increased by four percent, consisting of two percent (pursuant to the
parity pay increase provided by part H of chapter 55 of the laws of
2015) and two percent (general salary increase for 2017, pursuant to
this chapter), adjusted to the nearest whole dollar amount.
(c) Effective April 1, 2018, the basic annual salary of officers and
employees to whom the provisions of this subdivision apply shall be
increased by three percent consisting of one percent (pursuant to the
parity pay increase provided by part H of chapter 55 of the laws of
2015) and two percent (general salary increase for 2018, pursuant to
this chapter) adjusted to the nearest whole dollar amount.
3. 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.
4. The increases in salary 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 employees otherwise eligible to
receive an increase in salary pursuant to this act who are paid on an
S. 4067 15
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,
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 employ-
ees in collective negotiating units established pursuant to article 14
of the civil service law.
6. 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 specified in subdivision two of this
section.
7. 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.
8. 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
not cause such officer's or employee's salary to exceed the job rate of
any such lower graded position at salary grade.
9. 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.
§ 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, 2016, the basic annual salary of officers
and employees to whom the provisions of this subdivision apply shall be
increased by two percent (general salary increase for 2016, pursuant to
this chapter) adjusted to the nearest whole dollar amount.
(b) Effective April 1, 2017, the basic annual salary of officers and
employees to whom the provisions of this subdivision apply shall be
increased by four percent, consisting of two percent (pursuant to the
S. 4067 16
parity pay increase provided by part H of chapter 55 of the laws of
2015) and two percent (general salary increase for 2017, pursuant to
this chapter), adjusted to the nearest whole dollar amount.
(c) Effective April 1, 2018, the basic annual salary of officers and
employees to whom the provisions of this subdivision apply shall be
increased by three percent, consisting of one percent (pursuant to the
parity pay increase provided by part H of chapter 55 of the laws of
2015) and two percent (general salary increase for 2018, pursuant to
this chapter), adjusted to the nearest whole dollar amount.
3. The increases in salary 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 employees otherwise eligible to
receive an increase in salary 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.
4. 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
not cause such officer's or employee's salary to exceed the job rate of
any such lower graded position at salary grade.
§ 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, 2016, April 1, 2017 and April 1, 2018, 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 pursu-
ant to plans approved by the state university trustees. Such increases
in basic annual salary rates shall not exceed in the aggregate two
percent (general salary increase for 2016, pursuant to this chapter) of
the total basic annual salary rates in effect on March 31, 2016, four
percent, consisting of two percent (pursuant to the parity pay increase
provided by part H of chapter 55 of the laws of 2015) and two percent
(general salary increase for 2017, pursuant to this chapter), of the
total basic annual salary rates in effect on March 31, 2017 and three
percent, consisting of one percent (pursuant to the parity pay increase
provided by part H of chapter 55 of the laws of 2015) and two percent
(general salary increase for 2018, pursuant to this chapter), of the
total basic annual salary rates in effect on March 31, 2018.
2. Effective April 1, 2016, April 1, 2017 and April 1, 2018, the basic
annual salary of incumbents of positions in the institutions under the
management and control of Cornell and Alfred universities as represen-
tatives of the board of trustees of the state university that, in the
opinion of the director of employee relations, would be designated mana-
gerial or confidential 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 (general salary increase for
2016, pursuant to this chapter) of the total basic annual salary rates
in effect March 31, 2016, four percent, consisting of two percent
(pursuant to the parity pay increase provided by part H of chapter 55 of
S. 4067 17
the laws of 2015) and two percent (general salary increase for 2017,
pursuant to this chapter), of the total basic annual salary rates in
effect on March 31, 2017 and three percent, consisting of one percent
(pursuant to the parity pay increase provided by part H of chapter 55 of
the laws of 2015) and two percent (general salary increase for 2018,
pursuant to this chapter), of the total basic annual salary rates in
effect on March 31, 2018.
3. During the period April 1, 2016 through March 31, 2019, 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
(general salary increase for 2016, pursuant to this chapter) of the
total basic annual salary rates in effect on March 31, 2016, four
percent, consisting of two percent (pursuant to the parity pay increase
provided by part H of chapter 55 of the laws of 2015) and two percent
(general salary increase for 2017, pursuant to this chapter), of the
total basic annual salary rates in effect on March 31, 2017 and three
percent, consisting of one percent (pursuant to the parity pay increase
provided by part H of chapter 55 of the laws of 2015) and two percent
(general salary increase for 2018, pursuant to this chapter), of the
total basic annual salary rates in effect on March 31, 2018.
4. 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.
5. Notwithstanding any of the foregoing provisions of this section or
any law to the contrary, any increase in compensation may be withheld in
whole or in part from any employee to whom the provision of this section
apply pursuant to section fourteen of this act.
§ 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:
(a) officers and employees of the legislature and the judiciary,
including officers and employees of boards, bodies and commissions that
S. 4067 18
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 eligible.
(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 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 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.
§ 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
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
S. 4067 19
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.
§ 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.
§ 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.
§ 10. Use of appropriations. The comptroller is authorized to pay any
amounts required during the fiscal years commencing April 1, 2016
through March 31, 2018 by the foregoing provisions of this act for any
state department or agency from any appropriation or other funds avail-
able 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 agencies, from any appropri-
ations available in any fund, the amounts necessary to pay such amounts.
§ 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.
§ 12. Date of entitlement to salary increases. Notwithstanding the
provisions of this act or of any other law, the increases 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 increases 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 dates of such increases 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 increases 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. Payment of such salary
increases may be deferred pursuant to section thirteen of this act.
§ 13. Deferred payment of salary increase. Notwithstanding the
provisions of any other section of this act or any other provision of
law to the contrary, pending payment pursuant to this act of the basic
annual salaries of incumbents of positions subject to this act, such
S. 4067 20
incumbents shall receive, as partial compensation for services rendered,
the rate of salary and other compensation otherwise payable in their
respective positions. An incumbent holding a position subject to this
act at any time during the period from April 1, 2016, until the time
when basic annual salaries and other compensation due are first paid
pursuant to this act for such services in excess of the salary and other
compensation actually received therefor, shall be entitled to a lump sum
payment for the difference between the salary and other compensation to
which such incumbent is entitled for such services and the salary and
other compensation actually received.
§ 14. 1. Notwithstanding the provisions of any other section of this
act or any other provision of law to the contrary, any increase in
compensation 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 subdivi-
sion 8 of section 130 of the civil service law, or (e) pursuant to para-
graph (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 director of the budget, such
withholding is necessary to reflect the job performance of such officer
or employee, or to maintain appropriate salary relationships among offi-
cers 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. Nothing in this
act shall alter the authority of the director of budget to withhold a
parity pay increase in accordance with the authority for such action as
granted the director of budget by part H of chapter 55 of the laws of
2015. However, the obligation to provide notice of denial of a full or
partial parity payment, and the right to contest such denial, pursuant
to paragraph d of subdivision 5 of section 3 of part H of chapter 55 of
the laws of 2015 shall continue with respect to the parity pay
increases, referenced in this act, that were originally enacted pursuant
to part H of chapter 55 of the laws of 2015. As a result of an exercise
of the director's authority under this act, or part H of chapter 55 of
the laws of 2015, to withhold any increase, such salary schedules as
defined in section one of this act shall be implemented and/or modified
by the director of the budget, as necessary, consistent with the
provision or withholding of such increases pursuant to this section.
2. Notwithstanding the provisions of any other section of this act,
the salary increases 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.
§ 15. Notwithstanding any provision of the state finance law or any
other provision of law to the contrary, the sum of one hundred nine
million dollars ($109,000,000) is hereby appropriated in the general
fund/state purposes account (10050) in miscellaneous-all state depart-
ments and agencies solely for apportionment/transfer by the director of
the budget for use by any state department or agency in any fund for the
fiscal year beginning April 1, 2016 through March 31, 2018 to supplement
appropriations 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
S. 4067 21
and the chairman of the assembly ways and means committee. The monies
hereby appropriated are available for payment of any liabilities or
obligations incurred prior to or during the state fiscal year commencing
April 1, 2016 through March 31, 2018. For this purpose, these appropri-
ations shall remain in full force and effect for the payment of liabil-
ities incurred on or before March 31, 2018.
§ 16. 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, 2016 through March 31, 2018 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 chairman 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
Family benefits .................... 310,000
Medical flexible spending account .. 500,000
Pre-tax transportation benefit ..... 550,000
Employee Training and Profes-
sional Development ............. 1,018,000
Uniform allowance .................. 245,000
Tuition reimbursement .............. 250,000
M/C share of negotiated programs ... 570,000
§ 17. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2016. Appropri-
ations made by this act shall remain in full force and effect for
liabilities incurred through March 31, 2018.
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.
REPEAL NOTE.--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.
§ 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
S. 4067 22
this act would have been enacted even if such invalid provisions had not
been included herein.
§ 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.
