S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8805
 
                             I N  S E N A T E
 
                               May 18, 2018
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- read twice and ordered printed, and
   when printed to be committed to the Committee on Rules
 
 AN ACT to amend the  public  authorities  law,  in  relation  to  salary
   adjustments according to plan and step-ups or increments
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Paragraph (a) of subdivision  3  of  section  3669  of  the
 public  authorities  law, as added by chapter 84 of the laws of 2000, is
 amended to read as follows:
   (a) During a control period, upon a finding by the  authority  that  a
 wage  freeze  is  essential  to  the adoption or maintenance of a county
 budget or a financial plan that is in compliance with  this  title,  the
 authority,  after  enactment  of  a resolution so finding, may declare a
 fiscal crisis. Upon making such a declaration, the  authority  shall  be
 empowered to order that all increases in salary or wages of employees of
 the county and employees of covered organizations which will take effect
 after  the  date  of  the order pursuant to collective bargaining agree-
 ments, other analogous contracts or interest arbitration awards, now  in
 existence  or hereafter entered into, requiring such salary increases as
 of any date thereafter are suspended. Such order may also  provide  that
 all increased payments for holiday and vacation differentials, AND shift
 differentials[,  salary  adjustments  according  to plan and step-ups or
 increments] for employees of the county and employees of covered  organ-
 izations  which will take effect after the date of the order pursuant to
 collective bargaining agreements, other analogous contracts or  interest
 arbitration  awards  requiring  such  increased  payments as of any date
 thereafter are, in the same  manner,  suspended.  SUCH  ORDER  MAY  ALSO
 PROVIDE  THAT ALL INCREASED PAYMENTS FOR SALARY ADJUSTMENTS ACCORDING TO
 PLAN AND STEP-UPS OR INCREMENTS BE SUSPENDED;  PROVIDED,  HOWEVER,  WHEN
 (I) THE COUNTY EXECUTIVE PROVIDES A FOUR YEAR FINANCIAL PLAN APPROVED BY
 THE  COUNTY  LEGISLATURE PURSUANT TO PARAGRAPH (A) OF SUBDIVISION TWO OF
 SECTION THIRTY-SIX HUNDRED SIXTY-SEVEN OF THIS TITLE AND  THE  AUTHORITY
 DETERMINES,  PURSUANT  TO  PARAGRAPH  (B) OF SUCH SUBDIVISION, THAT SUCH
 FINANCIAL PLAN IS COMPLETE AND COMPLIES WITH THE STANDARDS SET FORTH  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD11662-02-8

 S. 8805                             2
 
 SUCH  SUBDIVISION,  AND  (II) THE AUTHORITY MAKES A CERTIFICATION TO THE
 COUNTY SETTING FORTH REVENUE ESTIMATES AGREED TO  BY  THE  AUTHORITY  IN
 ACCORDANCE  WITH SUCH DETERMINATION, THE SALARY ADJUSTMENTS ACCORDING TO
 PLAN AND STEP-UPS OR INCREMENTS, NOT INCLUDING COST OF LIVING INCREASES,
 SHALL  NOT  BE  SUSPENDED FOR EACH YEAR IN WHICH THE FOUR YEAR FINANCIAL
 PLAN HAS BEEN CERTIFIED. THIS SECTION  SHALL  BE  APPLICABLE  TO  COUNTY
 EMPLOYEES  AND  EMPLOYEES  OF COVERED ORGANIZATIONS, WHETHER OR NOT THEY
 ARE COVERED BY A COLLECTIVELY NEGOTIATED  AGREEMENT,  IF  AN  INDIVIDUAL
 EMPLOYEE  OR MEMBERS OF AN EMPLOYEE'S BARGAINING UNIT PREVIOUSLY PARTIC-
 IPATED IN A WAGE FREEZE IMPLEMENTED BY THE AUTHORITY UNDER THIS  SECTION
 AND  SUCH  WAGE  FREEZE  WAS SUBSEQUENTLY LIFTED BY THE AUTHORITY BY THE
 ISSUANCE OF A RESOLUTION, PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE
 OF SECTION THIRTY-SIX HUNDRED SIXTY-NINE OF THIS TITLE, CERTIFYING  THAT
 THE SUSPENSION OF THEIR WAGE INCREASES OR AN AGREEMENT BY THE COLLECTIVE
 BARGAINING  REPRESENTATIVE  OR  BY  SUCH  UNREPRESENTED  EMPLOYEE WAS AN
 ACCEPTABLE AND APPROPRIATE CONTRIBUTION TOWARD  ALLEVIATING  THE  FISCAL
 CRISIS  OF THE COUNTY. For the purposes of computing the pension base of
 retirement allowances, any suspended salary or wage  increases  and  any
 suspended other payments shall not be considered as part of compensation
 or  final  compensation  or  of  annual  salary  earned or earnable. The
 suspensions authorized hereunder shall continue until one year after the
 date of the order and, to the extent of any determination of the author-
 ity that a continuation of such suspensions, to a date specified by  the
 authority, is necessary in order to achieve the objectives of the finan-
 cial  plan, such suspensions shall be continued to the date specified by
 the authority, which date shall in no event be later than the end of the
 interim finance period, provided that such suspensions  shall  terminate
 with  respect  to  employees  who have agreed to a deferral of salary or
 wage increase upon the certification of the agreement by  the  authority
 pursuant to paragraph (b) of this subdivision.
   §  2.  This  act  shall take effect immediately and shall be deemed to
 have been in full force and effect on and after October 1, 2016.