S. 6561 2
(2) the amount of the increment for each grade shall equal one-seventh
of the difference (rounded up to the nearest dollar) between the maximum
rate for such grade, as increased by paragraph (1) of this subdivision,
and 102 percent of the hiring rate for such grade on the April, 2016
salary schedule (rounded up to the nearest dollar); and
(3) the hiring, first, second, third, fourth, fifth and sixth year
rates of compensation for each grade shall equal the maximum rate for
such grade, as increased by paragraph (1) of this subdivision, minus 7,
6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as
increased by paragraph (2) of this subdivision, respectively.
(b) Effective April 1, 2018, each of the rates of pay established by
the April, 2017 salary schedule shall be increased as follows:
(1) the maximum rate for each grade shall be increased by an amount
equal to 2 percent thereof (and then rounded up to the nearest dollar);
(2) the amount of the increment for each grade shall equal one-seventh
of the difference (rounded up to the nearest dollar) between the maximum
rate for such grade, as increased by paragraph (1) of this subdivision,
and 102 percent of the hiring rate for such grade on the April, 2017
salary schedule (rounded up to the nearest dollar); and
(3) the hiring, first, second, third, fourth, fifth and sixth year
rates of compensation for each grade shall equal the maximum rate for
such grade, as increased by paragraph (1) of this subdivision, minus 7,
6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as
increased by paragraph (2) of this subdivision, respectively.
(c) Effective April 1, 2019, each of the rates of pay established by
the April, 2018 salary schedule shall be increased as follows:
(1) the maximum rate for each grade shall be increased by an amount
equal to 2 percent thereof (and then rounded up to the nearest dollar);
(2) the amount of the increment for each grade shall equal one-seventh
of the difference (rounded up to the nearest dollar) between the maximum
rate for such grade, as increased by paragraph (1) of this subdivision,
and 102 percent of the hiring rate for such grade on the April, 2018
salary schedule (rounded up to the nearest dollar); and
(3) the hiring, first, second, third, fourth, fifth and sixth year
rates of compensation for each grade shall equal the maximum rate for
such grade, as increased by paragraph (1) of this subdivision, minus 7,
6, 5, 4, 3, 2 and 1 times the amount of the increment for such grade, as
increased by paragraph (2) of this subdivision, respectively.
§ 3. Increases in compensation for persons in allocated positions.
(a) Each nonjudicial officer and employee of the unified court system
in a position allocated to a salary grade in the unified court system's
classification structure that is in the state judiciary negotiating unit
or that is not in any collective negotiating unit established pursuant
to article 14 of the civil service law, shall receive increased compen-
sation in accordance with this section. Longevity payments and increases
to basic annual salary, as provided in this section, shall be prorated
for any nonjudicial officer or employee whose position is part-time, or
who otherwise works part-time, and who is eligible, under the rules of
the chief judge of the state or an agreement between the state and an
employee organization pursuant to the provisions of article 14 of the
civil service law, to accrue annual and sick leave credits. Longevity
payments as provided in this section shall be in addition to and shall
not be a part of an employee's basic annual salary; provided, however,
they shall be included as compensation for retirement purposes. For
purposes of this section:
S. 6561 3
(i) no nonjudicial officer or employee shall receive a full or partial
increment or longevity payment hereunder unless he or she shall have
received other than an unsatisfactory performance rating for his or her
services during the year immediately preceding pursuant to a performance
evaluation system set forth by the chief administrator or in an agree-
ment specified in section one of this act;
(ii) any full or partial increment received by a nonjudicial officer
or employee effective April 1, 2017, pursuant to law other than a
provision of this act, shall not be considered when determining:
(A) a nonjudicial officer or employee's basic annual salary on a spec-
ified date; and
(B) whether a nonjudicial officer or employee is eligible to receive a
full or partial increment of the grade of his or her position on such
date pursuant to a provision of this act.
(b) Effective April 1, 2017:
(1) Each such nonjudicial officer and employee who is eligible to
receive a full or partial increment of the grade of his or her position
in accordance with provisions of the judiciary law shall receive such
full or partial increment, to be determined in accordance with the
April, 2016 salary schedule.
(2) Each such nonjudicial officer and employee shall be placed in his
or her grade on the April, 2017 salary schedule in the manner provided
as follows:
(i) If his or her basic annual salary under the April, 2016 salary
schedule, including any increase pursuant to paragraph (1) of this
subdivision, is identical with the hiring, first year, second year,
third year, fourth year, fifth year, sixth year or maximum rate of
compensation of the grade of his or her position, that basic annual
salary shall be increased to the corresponding rate of compensation in
such grade as established by the April, 2017 salary schedule; or
(ii) If his or her basic annual salary under the April, 2016 salary
schedule, including any increase pursuant to paragraph (1) of this
subdivision, is not identical with the hiring, first year, second year,
third year, fourth year, fifth year, sixth year or maximum rate of
compensation of the grade of his or her position, that basic annual
salary shall be increased by an amount equaling 2 percent thereof (and
then rounded up to the nearest dollar).
(c) Effective April 1, 2018:
(1) Each such nonjudicial officer and employee who is eligible to
receive a full or partial increment of the grade of his or her position
in accordance with provisions of the judiciary law shall receive such
full or partial increment, to be determined in accordance with the
April, 2017 salary schedule.
(2) Each such nonjudicial officer and employee shall be placed in his
or her grade on the April, 2018 salary schedule in the manner provided
as follows:
(i) If his or her basic annual salary under the April, 2017 salary
schedule, including any increase pursuant to paragraph (1) of this
subdivision, is identical with the hiring, first year, second year,
third year, fourth year, fifth year, sixth year or maximum rate of
compensation of the grade of his or her position, that basic annual
salary shall be increased to the corresponding rate of compensation in
such grade as established by the April, 2018 salary schedule; or
(ii) If his or her basic annual salary under the April, 2017 salary
schedule, including any increase pursuant to paragraph (1) of this
subdivision, is not identical with the hiring, first year, second year,
S. 6561 4
third year, fourth year, fifth year, sixth year or maximum rate of
compensation of the grade of his or her position, that basic annual
salary shall be increased by an amount equaling 2 percent thereof (and
then rounded up to the nearest dollar).
(d) Effective April 1, 2019:
(1) Each such nonjudicial officer and employee who is eligible to
receive a full or partial increment of the grade of his or her position
in accordance with provisions of the judiciary law shall receive such
full or partial increment, to be determined in accordance with the
April, 2018 salary schedule.
(2) Each such nonjudicial officer and employee shall be placed in his
or her grade on the April, 2019 salary schedule in the manner provided
as follows:
(i) If his or her basic annual salary under the April, 2018 salary
schedule, including any increase pursuant to paragraph (1) of this
subdivision, is identical with the hiring, first year, second year,
third year, fourth year, fifth year, sixth year or maximum rate of
compensation of the grade of his or her position, that basic annual
salary shall be increased to the corresponding rate of compensation in
such grade as established by the April, 2019 salary schedule; or
(ii) If his or her basic annual salary under the April, 2018 salary
schedule, including any increase pursuant to paragraph (1) of this
subdivision, is not identical with the hiring, first year, second year,
third year, fourth year, fifth year, sixth year or maximum rate of
compensation of the grade of his or her position, that basic annual
salary shall be increased by an amount equaling 2 percent thereof (and
then rounded up to the nearest dollar).
(e) Effective April 1, 2017 and each April 1 thereafter, each such
nonjudicial officer and employee shall receive an annual longevity
payment as provided in subdivision (i) of section 3 of chapter 400 of
the laws of 2014 where he or she is entitled thereto in accordance with
such subdivision.
§ 4. Increases in compensation for persons in unallocated positions.
(a) Each nonjudicial officer and employee of the unified court system
to whom the provisions of section three of this act would apply but for
the fact that he or she holds a position that is not allocated to a
salary grade in the unified court system's classification structure
shall receive increased compensation in accordance with this section.
Increases to basic annual salary, as provided in this section, shall be
prorated for any nonjudicial officer and employee whose position is
part-time, or who otherwise works part-time, and who is eligible, under
rules of the chief judge of the state or an agreement between the state
and an employee organization pursuant to the provisions of article 14 of
the civil service law to accrue annual and sick leave credits.
(b) Effective April 1, 2017, the basic annual salary of each such
nonjudicial officer and employee shall be increased by an amount equal
to 2 percent thereof (and then rounded up to the nearest dollar).
(c) Effective April 1, 2018, the basic annual salary of each such
nonjudicial officer and employee shall be increased by an amount equal
to 2 percent thereof (and then rounded up to the nearest dollar).
(d) Effective April 1, 2019, the basic annual salary of each such
nonjudicial officer and employee shall be increased by an amount equal
to 2 percent thereof (and then rounded up to the nearest dollar).
§ 5. Location pay. (a) Notwithstanding any other provision of law:
(1) Effective during the fiscal years commencing on the dates speci-
fied in this paragraph, any nonjudicial officer and employee to whom the
S. 6561 5
provisions of section three or four of this act apply and whose princi-
pal place of employment is in the city of New York or Nassau, Suffolk,
Rockland or Westchester county shall receive location pay at the follow-
ing rates:
(i) 3,697 dollars annually, during the fiscal year commencing April 1,
2017;
(ii) 4,000 dollars annually, during the fiscal year commencing April
1, 2018, except that the annual rate of location pay shall be changed to
4,100 dollars effective October 1, 2018;
(iii) 4,200 dollars annually, during the fiscal year commencing April
1, 2019 and during each fiscal year commencing each April 1 thereafter.
(2) Effective during the fiscal years commencing on the dates speci-
fied in this paragraph, any nonjudicial officer and employee to whom the
provisions of section three or four of this act apply and whose princi-
pal place of employment is in Dutchess, Putnam or Orange county shall
receive location pay at the following rates:
(i) 1,848 dollars annually, during the fiscal year commencing April 1,
2017;
(ii) 2,000 dollars annually, during the fiscal year commencing April
1, 2018, except that the annual rate of location pay shall be changed to
2,050 dollars effective October 1, 2018;
(iii) 2,100 dollars annually, during the fiscal year commencing April
1, 2019 and during each fiscal year commencing each April 1 thereafter.
(3) Effective during the fiscal year commencing April 1, 2017 and
during each fiscal year commencing each April 1 thereafter, any nonjudi-
cial officer and employee to whom the provisions of section three or
four of this act apply and whose principal place of employment is in
Monroe county and who was entitled to receive annual location pay pursu-
ant to paragraph (3) of subdivision (a) of section 5 of chapter 400 of
the laws of 2014, shall continue to receive such location pay in the
amount specified in such paragraph.
(b) The location pay provided in this section shall be in lieu of any
other location pay provided by law; except that, where a nonjudicial
officer or employee eligible to receive location pay pursuant to the
provisions of this section has received location pay during a fiscal
year commencing on or after April 1, 2017, pursuant to law other than a
provision of this act, the amount of location pay authorized by this
section shall be reduced by the amount of the location pay that was
received.
(c) Except as provided in subdivision (a) of this section, no nonjudi-
cial officer and employee to whom the provisions of section three or
four of this act apply shall receive location pay. Any location pay
authorized hereunder shall be in addition to and shall not be a part of
an employee's basic annual salary and shall not impair rights or bene-
fits to which an employee may be entitled by law; provided, however,
that location pay shall be included as compensation for purposes of
computation of overtime pay and for retirement purposes. Location pay,
as provided in this section, shall be prorated for any nonjudicial offi-
cer and employee to whom the provisions of section three or four of this
act apply and whose position is part-time, but not compensated on a per
diem or hourly basis.
§ 6. Collective bargaining agreement required. The provisions of
sections three, four and five of this act shall not be implemented for
nonjudicial officers and employees in a collective negotiating unit
established pursuant to article 14 of the civil service law until the
chief administrator of the courts shall have notified the comptroller
S. 6561 6
that the members of such negotiating unit have ratified a written
collective bargaining agreement with the state pursuant to article 14 of
the civil service law which provides therefor and delivered to the comp-
troller a copy of such agreement; and any increase in compensation,
including increases in basic annual salary, increments or partial incre-
ments, lump sum payments, or longevity payments, provided by sections
three, four and five of this act or otherwise authorized by law:
(a) may be withheld in whole or in part from any nonjudicial officer
and employee not in a collective negotiating unit when in the opinion of
the chief administrator, such increase is not warranted or is not appro-
priate; and
(b) shall not preclude any other increases in compensation for such a
nonjudicial officer or employee as may be authorized by law.
§ 7. Date of entitlement. Notwithstanding the provisions of this act
or any other law, each increase in salary or compensation for nonjudi-
cial officers or employees provided by this act shall be added to the
salary or compensation of such officer or employee at the beginning of
the payroll period the first day of which is nearest to the effective
date of such increase as provided in this act; provided, however, 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 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 the 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.
§ 8. Deferred payment of salary increase. Notwithstanding the
provisions of this act or any other law, commencing April 1, 2017, and
pending payment pursuant to this act of the basic annual salaries of
incumbents 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 posi-
tion 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.
§ 9. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2017.